Wilson et al v. Columbia Gas Transmission, LLC

Filing 303

ORDER re counterclaim plaintiff Columbia Gas's request that the Clerk of Court serve the second amended counterclaim (doc. 288) and notice of condemnation (doc. 287) on counterclaim defendants that it was unable to serve personally. S.D. Ohio C iv. Rule 4.2. This Order proposes that a joint notice be served on these counterclaim defendants and asks counsel for all interested parties to respond to this proposal within fourteen (14) days. Signed by Magistrate Judge Mark R. Abel on 7/11/2014. (Abel, Mark)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Paul Gary Wilson, et al.,

:

Plaintiffs

:

Civil Action 2:12-cv-01203

:

Judge Graham

:

Magistrate Judge Abel

v.
Columbia Gas Transmission, LLC,
Defendant/Counterclaimant
v.

:
:

Exclusive Natural Gas Storage,
Easements, et al.,
Counter-defendants

:
:
:

ORDER
Counterclaim plaintiff Columbia Gas Transmission, LLC has requested that the
Clerk of Court serve the second amended counterclaim (doc. 288) and notice of condemnation (doc. 287) on counterclaim defendants that Columbia was unable to serve personally.
S.D. Ohio Civ. Rule 4.2. The counterclaim is 598 pages long with an additional 132 pages of
exhibits. The notice is 336 pages, 333 of which consist of the caption to the counterclaim.
Rule 71.1, Fed. R. Civ. P., governs proceedings to condemn real property. The caption must name as the defendant both the property and at least one owner. Rule 71.1(c)(1),
Fed. R. Civ. P. Notice must be served on all defendants. Rule 71.1(c)(4), Fed. R. Civ. P.
When the complaint in condemnation is filed, “the plaintiff must promptly deliver to the

clerk joint or several notices directed to the named defendants.” Rule 71.1(d)(1), Fed. R.
Civ. P. That notice must comply with the requirements of Rule 71.1(d)(2), Fed. R. Civ. P. :
(A) Main Contents. Each notice must name the court, the title of the action,
and the defendant to whom it is directed. It must describe the property
sufficiently to identify it, but need not describe any property other than
that to be taken from the named defendant. The notice must also state:
(i) that the action is to condemn property;
(ii) the interest to be taken;
(iii) the authority for the taking;
(iv) the uses for which the property is to be taken;
(v) that the defendant may serve an answer on the plaintiff’s attorney
within 21 days after being served with the notice;
(vi) that the failure to so serve an answer constitutes consent to the
taking and to the court’s authority to proceed with the action and
fix the compensation; and
(vii) that a defendant who does not serve an answer may file a notice of
appearance.
(B) Conclusion. The notice must conclude with the name, telephone number,
and e-mail address of the plaintiff’s attorney and an address within the
district in which the action is brought where the attorney may be served.
Columbia has tendered individual 336 page notices for each counterclaim defendant it is
asking the Clerk of Court to serve. I do not believe that the tendered notice effectively gives
the defendants notice of the condemnation action. It is very difficult to search through a 333
page caption and find a particular property and owner. Further, Rule 71.1(d)(1) pro-vides
that a plaintiff may provide the Clerk of Court with a joint notice. That would appear to be
more practical when Columbia is asking the Clerk of Court to make service on 30 or more
counterclaim defendants at a time.
I would like the notice to list only those counterclaim defendants that the Clerk of
Court is going to serve by certified mail. The notice must describe the property sufficiently
to identify it, but it does not need to described any property other than that to be taken
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from the named counterclaim defendants the Clerk of Court will attempt to serve by certified mail. The full case caption is being served on the counterclaim defendant since it is
included in the second amended counterclaim. It is not necessary that each counterclaim
defendant receive two copies of the case caption; and, indeed, it is unnecessarily confusing
to cause them to search through an additional 333 duplicative pages. Additionally, in an
effort to provide the counterclaim defendants with a simpler explanation of the legal
proceedings, I propose that the notice read as follows:
NOTICE of LAND CONDEMNATION ACTION AGAINST YOUR PROPERTY
The following properties and property owners are notified of a land condemnation
action pending in the United States District Court for the Southern District of Ohio,
Wilson, et al v. Columbia Gas Transmission, LLC, Case No. 12-1203:
[Here list the properties/owners being given notice. Place an “X” next to the
property/owners receiving the individual notice with the service of summons and
complaint.]
NOTICE
•

Columbia Gas Transmission, LLC (“Columbia Gas”) has filed a land
condemnation action against your property asking the Court to grant
Columbia Gas an easement for underground natural gas storage and
to award you just compensation for the easement.

•

The attached Second Amended Counterclaim and the exhibits to it
describe the property Columbia Gas wants the Court to condemn.
Your property is one of 800 and some properties for which Columbia
Gas is asking the Court to grant them an easement.

•

Columbia Gas alleges that it has the right to condemn you property
interest in the underground natural gas storage area under the
Natural Gas Act, 15 U.S.C. § 717f(h) and Rule 71.1(f), Federal Rules of
Civil Procedure.

•

Columbia Gas wants to use the underground formation to store its
natural gas.
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•

You must answer the complaint within twenty-one (21) days of
receiving this Notice by mailing your response to the Office of the
Clerk, Joseph P. Kinneary U.S. Courthouse, Room 121, 85 Marconi
Boulevard, Columbus, Ohio 43215.

•

If you fail to respond to the complaint, the Court may take your
failure to defend as consent to the taking of your interest in the
underground natural gas storage geological formation under your
land.

•

If you do not want to respond to the complaint, the Court requests
that you send a letter to the Clerk of Court, 85 Marconi Blvd.,
Columbus, OH 43215 with a subject line of: Wilson, et al v. Columbia
Gas Transmission, LLC, Case No. 12-1203. Include your mailing
address, telephone number, cell phone number, and email address.

The notice also must contain the name, telephone number, and email address of
Columbia Gas’s attorney and an address within the district in which the action has been
brought where the attorney may be served. Rule 71.1(d)(2)(B), Fed. R. Civ. P.
Counsel for all interested parties are DIRECTED to respond to this proposal within
fourteen (14) days of the date of this Order. I am making this proposal in an attempt to
insure adequate notice to the unserved property owners. I would greatly appreciate any
revisions in this draft that would insure that each property owner receives clear, accurate information about the claims pleaded against them.

s/Mark R. Abel
United States Magistrate Judge

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