Chambers et al v. Chesapeake Appalachia, LLC et al

Filing 26

ORDER (memorandum filed previously as separate docket entry). (1) Motion to Dismiss 10 filed by Defendant Statoil USA Onshore Properties Inc. is GRANTED in part. All claims against Statoil USA Onshore Properties Inc. are DISMISSED without prejudice so as to allow Plaintiffs the opportunity to comply with the notice provision of the Leases.(2) The Motion to Dismiss 11 filed by Defendant Chesapeake Appalachia, L.L.C. is GRANTED in part. Plaintiffs John D. Witter and Richard D. Witters claims against Chesapeake Appalachia are DISMISSED without prejudice, but they will be given leave to file an amended complaint within twenty-one (21) days from the date of entry of this Order. All other claims against Chesapeake Appalachia are DISMISSED without prejudice so as to allow Plaintiffs the opportunity to comply with the notice provision of the Leases.Signed by Honorable A. Richard Caputo on 7/12/18. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WILLIAM A. CHAMBERS, et al.,
NO. 3:18-CV-0347

Plaintiffs,
v.

(JUDGE CAPUTO)

CHESAPEAKE APPALACHIA,
L.L.C. and STATOIL USA
ONSHORE PROPERTIES INC.,
Defendants.
ORDER
NOW, this 12th day of July, 2018, IT IS HEREBY ORDERED that:
(1)

The Motion to Dismiss (Doc. 10) filed by Defendant Statoil USA Onshore
Properties Inc. is GRANTED in part. All claims against Statoil USA
Onshore Properties Inc. are DISMISSED without prejudice so as to
allow Plaintiffs the opportunity to comply with the notice provision of the
Leases.

(2)

The Motion to Dismiss (Doc. 11) filed by Defendant Chesapeake
Appalachia, L.L.C. is GRANTED in part. Plaintiffs John D. Witter and
Richard D. Witter’s claims against Chesapeake Appalachia are
DISMISSED without prejudice, but they will be given leave to file an
amended complaint within twenty-one (21) days from the date of entry
of this Order. All other claims against Chesapeake Appalachia are
DISMISSED without prejudice so as to allow Plaintiffs the opportunity
to comply with the notice provision of the Leases.
/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge