Dansbury et al v. EOG Resources, Inc.

Filing 45

ORDER 1. The Motion to Dismiss (Doc. 40) is GRANTED IN PART AND DENIED IN PART, as follows: a. The Slander of Title claim (Count II) is: i. DISMISSED WITH LEAVE TO AMEND as it refers to the letter of June 21,2011; and ii. ALLOWED TO PROCEED as it ref ers to Defendant's filing of the unit designations with the Recorder of Deeds. b. The Breach of Contract claim (Count III) is:I. DISMISSED WITHOUT LEAVE TO AMEND as it refers to: 1. Defendant's failure to make delay rental payments, and 2. Defendant's failure to submit a proper notice of consolidation; and II. ALLOWED TO PROCEED as it refers to: 1.Defendant's failure to test Plaintiffs' water supply, and 2. Defendant's breaches of the covenant of good faith and fair dealing and the doctrine of necessary implication. c. The Unjust Enrichment claim (Count V) is ALLOWED TO PROCEED. d. Any other aspect of Plaintiffs' Second Amended Complaint not specifically enumerated in this Order is ALLOWED TO PROCEED. 2. P laintiffs are GRANTED ADDITIONAL LEAVE TO AMEND to: a. Reallege the dismissed aspects of their Breach of Contract claim under a proper cause of action, and b. Add any additional claims that the Court's Memorandum Opinion makes necessary. 3. Plaintiff shall have FOURTEEN (14) DAYS from the date of this Order to submit a Third Amended Complaint.Signed by Honorable Robert D. Mariani on 6/13/14. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

ARTHUR M. DANSBURY, et al.,

Plaintiffs,

v.

3:12·CV..00391
(JUDGE MARIANI)

EOG RESOURCES, INC.,
Defendant.

ORDER
AND NOW, THIS 13TH DAY OF JUNE, 2014, upon consideration of Defendant's
Motion to Dismiss Plaintiffs' Second Amended Complaint (Doc. 40), and in accordance with
the Court's accompanying Memorandum Opinion, IT IS HEREBY ORDERED THAT:
1. The Motion to Dismiss (Doc. 40) is GRANTED IN PART AND DENIED IN PART, as
follows:
a. The Slander of Title claim (Count II) is:
i. DISMISSED WITH LEAVE TO AMEND as it refers to the letter of June

21,2011;and
ii. ALLOWED TO PROCEED as it refers to Defendant's filing of the unit
designations with the Recorder of Deeds.
b. The Breach of Contract claim (Count III) is:
I.

DISMISSED WITHOUT LEAVE TO AMEND as it refers to:
1. Defendant's failure to make delay rental payments, and

2. Defendant's failure to submit a proper notice of consolidation;
and
II.

ALLOWED TO PROCEED as it refers to:
1. Defendant's failure to test Plaintiffs' water supply, and
2. Defendant's breaches of the covenant of good faith and fair
dealing and the doctrine of necessary implication.

c. The Unjust Enrichment claim (Count V) is ALLOWED TO PROCEED.
d. Any other aspect of Plaintiffs' Second Amended Complaint not specifically
enumerated in this Order is ALLOWED TO PROCEED.
2. Plaintiffs are GRANTED ADDITIONAL LEAVE TO AMEND to:
a. Reallege the dismissed aspects of their Breach of Contract claim under a
proper cause of action, and
b. Add any additional claims that the Court's Memorandum Opinion makes
necessary.
3. Plaintiff shall have FOURTEEN (14) DAYS from the date of this Order to submit a
Third Amended Complaint.

...

obert D. Mari .
United States District Judge
2