Leighton et al v. Chesapeake Appalachia, L.L.C. et al

Filing 31

ORDER (memorandum filed previously as separate docket entry): Dfts mtn 5 to compel arbitration is stayed. 2. The parties are granted (90) days to conduct discovery on the following: (1) whether Schlumberger is an agent of Chesapeake Appalachia unde r Pennsylvania agency principles; (2) whether Chesapeake Energy and Nomac canalso be agents; and (3) whether this case involves interstate commerce.3. The parties shall thereafter have thirty days to file briefson the impact of the discovery on the l aw to be applied andwhether the discovery alters our conclusion that Pltfs and Chesapeake Appalachia, Chesapeake Energy, and Nomac should proceed to arbitration and that the claims against Schlumberger should be stayed pending resolution of thearbitration proceedings.Signed by Honorable William W. Caldwell on 11/26/13. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MICHAEL L. LEIGHTON and
NANCY A. LEIGHTON
Plaintiffs
v.
CHESAPEAKE APPALACHIA,
LLC, et al.
Defendants

:
:
:
: CIVIL NO. 1:13-CV-2018
:
:
(Judge Caldwell)
:
:
:

ORDER

AND NOW, this 26th day of November, 2013, it is ORDERED that:
1. Defendants’ motion (Doc. 5) to compel arbitration is
stayed.
2. The parties are granted ninety (90) days to conduct
discovery on the following: (1) whether Schlumberger is an
agent of Chesapeake Appalachia under Pennsylvania agency
principles; (2) whether Chesapeake Energy and Nomac can
also be agents; and (3) whether this case involves interstate
commerce.
3. The parties shall thereafter have thirty days to file briefs
on the impact of the discovery on the law to be applied and
whether the discovery alters our conclusion that Plaintiffs and
Chesapeake Appalachia, Chesapeake Energy, and Nomac
should proceed to arbitration and that the claims against
Schlumberger should be stayed pending resolution of the
arbitration proceedings.

/s/ William W. Caldwell
William W. Caldwell
United States District Judge