Wilson et al v. Columbia Gas Transmission, LLC

Filing 27

ORDER: in re the May 28, 2013 teleconference held with the Magistrate Judge. Signed by Magistrate Judge Mark R. Abel on 6/12/13. (sh1)

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
PAUL GARY WILSON, et al.,
Plaintiffs,
Case No. 2:12-cv-1203
v.
Judge Graham
COLUMBIA GAS TRANSMISSION, LLC,
Magistrate Judge Abel
Defendant/Counterclaimant,
v.
EXCLUSIVE NATURAL GAS STORAGE EASEMENTS, et
al.,
Counter-Defendants.
ORDER
On May 17, 2013, Columbia filed a counterclaim against numerous parcels of land and
property owners pursuant to Section 717f(h) of the Natural Gas Act, 15 U.S.C. § 717 et seq.,
seeking to condemn permanent easements in order to conduct its natural gas storage operations
pursuant to Federal Energy Regulatory Commission Certificates of Public Convenience and
Necessity. Columbia also filed a Rule 71.1 Notice of Condemnation and has begun serving the
named counter-defendants.
Counsel for the named plaintiffs (“Plaintiffs’ counsel”) requested a teleconference with
counsel for Columbia Gas Transmission, LLC (“Columbia”) and the Court to discuss Plaintiffs’
counsel’s ability to contact the new counter-defendants to supply them with a copy of the
original Complaint, and to advise them (i) that the case had been filed as a putative class action,
(ii) that Plaintiffs’ counsel would be seeking class certification at the appropriate time, (iii) that
Plaintiffs’ counsel would be seeking to be appointed as counsel for the class if the motion for
class certification is granted, and (iv) that Plaintiffs’ counsel was available to represent any

counter-defendants who would so request. This Order sets forth the parties’ agreement and the
Court’s rulings in connection with this teleconference, which took place Tuesday, May 28, 2013.
1. The parties agree, and the Court orders, that Plaintiffs’ counsel may contact the named
counter-defendants, provided that Plaintiffs’ counsel comply with the Ohio Rules of Professional
Conduct, including, without limitation, Rules 4.3 and 7.3(a)-(d), and any other applicable rules
or legal requirements.
2. Columbia notes that it is in the process of serving the named counter-defendants and
estimates that service should be substantially complete by June 14, 2013.
3. Plaintiffs believe the pendency of the counterclaim militates in favor of a prompt
motion for class certification. Columbia, on the other hand, believes (i) that nothing about the
pending counterclaim requires acceleration of a motion on class certification; (ii) that any class
certification motion would be premature before the Court’s ruling on the pending motion to
dismiss, and (iii) that the parties should adhere to the schedule agreed upon in their Rule 26(f)
statement, as reflected in the Court’s April 26, 2013 scheduling order. In light of this
disagreement, the parties are to attempt to reach agreement on a date for filing a motion for class
certification. If the parties are unable to agree upon a schedule for class certification with respect
to the reservoir properties involved in the inverse condemnation action and counterclaim, the
Plaintiffs may file a motion for class certification at their discretion, and Columbia may oppose
said motion on any ground, including (i) that the motion is premature and (ii) that further
discovery remains necessary before the Court can rule on any motion to certify a class.
4. The parties shall report back to the Court by no later than June 28, 2013 with respect
to (i) their efforts to reach an agreed-upon schedule for motion(s) for class certification; and (ii)
the progress of Columbia’s efforts to effectuate service upon the named counter-defendants.

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5. Nothing in this Order is to be deemed to be a finding as to whether class certification
is proper, in the manner proposed by Plaintiffs or otherwise
SO ORDERED.

s/Mark R. Abel
Magistrate Judge Mark R. Abel
Dated: June 12, 2013

APPROVED AS TO FORM:
/s/ Gail C. Ford by LJM with permission
_____
Gail C. Ford (0034653)
John K. Keller (0019957)
Miranda R. Leppla (0086351)
VORYS, SATER, SEYMOUR AND PEASE LLP
52 East Gay Street
Columbus, Ohio 43215
Counsel for Plaintiffs/Counter-Defendants Paul Gary Wilson,
Judy Ann Wilson, Charles DeVere Wilson and Carleen Fay Wilson
/s/ Leonard J. Marsico_________________
Leonard J. Marsico (0070741)
Paul K. Stockman (admitted pro hac vice)
MCGUIREWOODS LLP
625 Liberty Avenue, 23rd Floor
Pittsburgh, Pennsylvania 15222
Telephone: [phone]
Telecopier: [phone]
Yvette Harmon (admitted pro hac vice)
MCGUIREWOODS LLP
1345 Avenue of the Americas, 7th Floor
New York, New York 15222
Jodie N. Herrmann (admitted pro hac vice)
MCGUIREWOODS LLP
201 North Tryon Street, Suite 3000
Charlotte, North Carolina 28202
Counsel for Defendant Columbia Gas Transmission, LLC

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