Berish v. Southwestern Energy Production Company et al

Filing 48

ORDER re 47 Memorandum (Order to follow as separate docket entry), Memorandum (Order to follow as separate docket entry), Motions terminated: 36 First MOTION for Extension of Time to Amend Complaint filed by Mark Shager, Marlene Dean, Dori s Schenck, Mary R Donovan, Suzanne Berish, Robert Blaisure, Rowena Shager, Nathan Evans, Stephanie Evans, Larry Dean, William Shager, Tiffany M Seamans, Diane Rusek, Jerry Rusek, Luke W Shager, Matthew Shager, Chelsea A Jarnagin, Jason Henke, Christi ne Henke, Claire Galloway, Susan Breese. IT IS HEREBY ORDERED that Plaintiffs Motion for Extension of Time to Amend Complaint (Doc. 36) is GRANTED in part and DENIED in part as follows:(1) Plaintiffs motion for leave to file a Third Amended Complain t stating claims of negligence, private nuisance, strict liability, trespass and violation of the Pennsylvania Hazardous Sites Cleanup Act against Halliburton Energy Services, Inc., BJ Services Company, Schlumberger Limited, and Union Drilling, Inc. is GRANTED. Plaintiffs may file a Third Amended Complaint within twenty-one (21) days from the date of entry of this Order.(2) Plaintiffs motion for leave to file a Third Amended Complaint to state a claim for fraudulent misrepresentation against Southwestern Energy Production Company is DENIED.Signed by Honorable A. Richard Caputo on 5/3/12. (jam, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
SUZANNE BERISH, et al.,
CIVIL ACTION NO. 3:10-1981

Plaintiffs,

(JUDGE CAPUTO)

v.
SOUTHWESTERN ENERGY
PRODUCTION COMPANY and
SOUTHWESTERN ENERGY COMPANY,
Defendants.
ORDER

NOW, this 3rd day of May, 2012, IT IS HEREBY ORDERED that Plaintiffs’ Motion
for Extension of Time to Amend Complaint (Doc. 36) is GRANTED in part and DENIED
in part as follows:
(1) Plaintiffs’ motion for leave to file a Third Amended Complaint stating claims of
negligence, private nuisance, strict liability, trespass and violation of the
Pennsylvania Hazardous Sites Cleanup Act against Halliburton Energy Services,
Inc., BJ Services Company, Schlumberger Limited, and Union Drilling, Inc. is
GRANTED. Plaintiffs may file a Third Amended Complaint within twenty-one
(21) days from the date of entry of this Order.
(2) Plaintiffs’ motion for leave to file a Third Amended Complaint to state a claim
for fraudulent misrepresentation against Southwestern Energy Production
Company is DENIED.
/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge