Butters et al v. SWN Production Company, LLC

Filing 57

ORDER: In accord with the Memorandum 56 accompanying this order; 1. SWNs mtn 15 to dismiss is DENIED.2. To the extent SWN raised a dispute concerning pltfs jury demand 47 in the context of its instant mtn, resolution of that issue is DEFERRED a nd will be considered in full in the context of SWNs amended motion 51 to strike pltfs jury demand.3. Pltfs mtn 38 for oral argument is DENIED as moot.4. SWN shall respond to pltfs amended complaint 7 in accordance with the FRCP. Signed by Chief Judge Christopher C. Conner on 6/8/18. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GARY R. BUTTERS, as Co-Trustee
of THE BUTTERS CLINTON
COUNTY GAS PROTECTOR
TRUST, DAVID F. BUTTERS,
individually, TERRY L. BUTTERS,
individually, and GLEN E.
BUTTERS, individually,

:
:
:
:
:
:
:
:
Plaintiffs
:
:
v.
:
:
SWN PRODUCTION COMPANY, LLC, :
:
Defendant
:

CIVIL ACTION NO. 4:17-CV-797
(Chief Judge Conner)

ORDER
AND NOW, this 8th day of June, 2018, upon consideration of the motion (Doc.
15) by defendant SWN Production Company, LLC (“SWN”), seeking to dismiss
plaintiffs’ amended complaint (Doc. 7), and the parties’ respective briefs in support
of and opposition to said motion (Docs. 26, 28, 30, 34), it is hereby ORDERED that:
1.

SWN’s motion (Doc. 15) to dismiss is DENIED.

2.

To the extent SWN raised a dispute concerning plaintiffs’ jury demand
(Doc. 47) in the context of its instant motion, resolution of that issue is
DEFERRED and will be considered in full in the context of SWN’s
amended motion (Doc. 51) to strike plaintiffs’ jury demand.

3.

Plaintiffs’ motion (Doc. 38) for oral argument is DENIED as moot.

4.

SWN shall respond to plaintiffs’ amended complaint (Doc. 7) in
accordance with the Federal Rules of Civil Procedure.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania