Northwood Energy Corp. v. General Clay Products Corp. et al

Filing 16

Agreed Order on Notice of Disclaimer of interest of the Dft USA. Signed by Magistrate Judge Mark R. Abel on 7/19/13. (sh1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION NORTHWOOD ENERGY CORP., : : : : : : : : : : Plaintiff, v. GENERAL CLAY PRODUCTS CORP., et al., Defendants. CASE NO. 2:12-cv-1107 MAGISTRATE JUDGE ABEL AGREED ORDER ON NOTICE OF DISCLAIMER OF INTEREST OF DEFENDANT UNITED STATES OF AMERICA TO MINERAL RIGHTS RETAINED BY NATIONAL FIREPROOFING CORPORATION AND NATCO CORPORATION This matter came before the Court on the Motion of Defendant United States of America’s Motion to Dismiss Plaintiff’s Complaint for lack of subject matter jurisdiction. (ECF No. 10). Pursuant to an agreement of the parties, the United States filed its provisional disclaimer of interest in the mineral rights at issue in the action, which was filed against the United States and General Clay Products in the Common Pleas Court of Hocking County, Ohio, Case No. 12CV0269 and removed to this Court. Based upon this disclaimer of interest in the rights reserved by National Fireproofing Corporation and NATCO Corporation until May 1, 2038, the United States shall be dismissed as a party to the action. This case is hereby remanded to state court for proceedings consistent with this Order. IT IS SO ORDERED. s/Mark R. Abel United States Magistrate Judge -1- APPROVED BY: CARTER M. STEWART UNITED STATES ATTORNEY s/Deborah F. Sanders DEBORAH F. SANDERS (0043575) Assistant United States Attorney 303 Marconi Boulevard, Suite 200 Columbus, Ohio 43215 (614) 469-5715 Fax: (614) 469-5240 Deborah.Sanders@usdoj.gov s/J. Bradford Linville J. BRADFORD LINVILLE (0074039) P. O. Box 56 Hilliard, Ohio 43026 (614) 946-5321 Fax: (614) 467-3798 Attorney for Plaintiff -2-

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