Columbia Gas Transmission, LLC v. Wharton et al

Filing 120

OPINION and ORDER granting 118 Motion for Release of Funds; granting 119 Motion to Dismiss. Signed by Judge Michael H. Watson on 4/11/2023. (jk)

Case: 2:17-cv-01048-MHW-CMV Doc #: 120 Filed: 04/11/23 Page: 1 of 3 PAGEID #: 1324

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Columbia Gas Transmission, LLC,
Plaintiff,

Case No.2:17-cv-1048

V.

Judge Michael H. Watson

Steven A. Wharton, et al.,

Magistrate Judge Vascura

Defendants.

OPINiON AND ORDER

There are a few remaining matters in this action. First, Columbia Gas
Transmission, LLC("Columbia Gas")and Mina L. Dioun move to dismiss
unnecessarily joined parties. ECF No. 119. Pursuant to Federal Rule of Civil

Procedure 71.1(i)(2), the motion is GRANTED. The following parties are
DISMISSED as unnecessarily Joined: Mo Dioun, WesBanco Bank, Inc., Ronald

M. Jezerinac, FMKF, LLC, and Tiffany Sexton.

Next, Columbia Gas moves for payout of the February 2018 cash deposit,
release of bond, and dismissal of the action (the "Motion"). ECF No. 118. After
carefully considering the Motion and the entire record in this case, the Motion is
GRANTED for the following reasons.

Columbia Gas filed this action on December 4, 2017. On February 12,
2018, pursuant to this Court's February 9, 2018 Opinion and Order, ECF No. 57,
in order to make use of the Rights-of-Way and easements in accordance with

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this Court's Preliminary injunction Order, Columbia Gas deposited with the Court,

via certified check, the amount of $132,737.00(the "February 2018 Cash
Deposit") and posted a surety bond (Bond #BDTO-660020-018: the "Surety

Bond")issued by Liberty Mutual insurance Company in the amount of

$39,821.10, as required by Federal Rules of Civil Procedure 65(c), 67, and
71.1(j) and Order of this Court.

With the Motion, Columbia Gas tendered an exhibit summarizing the status
and relevant history of the Tracts, the Landowner Defendants, the Deposits

relative to the Tracts, and the previous dismissals(or other disposition) of ail
Tracts and Landowner Defendants, including its recent acquisition of ail
necessary outstanding interests as to Tract Nos. 7 and 8. Upon review of that

exhibit, Columbia Gas has acquired ail necessary interests for the project at
issue, and no necessary interests remain outstanding to be acquired through this
Action.

Accordingly, the Clerk is DIRECTED to pay out to Columbia Gas the

February 2018 Cash Deposit, principal amount being $132,737.00, together with
any interest accrued thereon since the date of the February 2018 Cash Deposit
(the "Payout Amount").
Columbia Gas requests that the Payout Amount be disbursed to "Columbia
Gas Transmission, LLC" as payee, and mailed to:
Columbia Gas Transmission, LLC
c/o Carmody MacDonaid PC
Attn: David M. Fedder

Case No. 2:17-cv-1048

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120 S. Central Avenue, Suite 1800

St. Louis. MO 63105

This Clerk is further DIRECTED to release the Surety Bond (BOND
#BDTD-860020-018). Upon disbursement to Columbia Gas of the Payout
Amount and the release of the Surety Bond, this action is DISMISSED WITHOUT

PREJUDICE. All parties shall bear their own respective costs and attorneys'
fees.

The Court DIRECTS the Clerk to provide a certified copy of this Order to
counsel of record and any unrepresented parties.
After completing the above-outlined tasks, the Clerk shall close the case.
IT IS SO ORDERED.

IICHAEL H. WATSON,JUDGE
UNITED STATES DISTRICT COURT

Case No. 2:17-cv-1048

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