WALNEY v. SWEPI LP et al

Filing 250

ORDER: AND NOW, this 31st Day of March, 2019, for the reasons set forth in the accompanying Memorandum Opinion, IT IS ORDERED that Defendants' Motion to Decertify the Class (ECF No. 196 ) shall be, and hereby is, GRANTED. IT IS FURTHER ORDERE D that Plaintiffs' Third Motion to Amend Class Definition (ECF No. 183 ) is DENIED as moot and Plaintiffs' Fourth Motion to Amend Class Definition (ECF No. 211 ) is DENIED on the merits. IT IS FURTHER ORDERED that Plaintiffs' Second Motion for Summary Judgment (ECF No. 213 ) shall be, and hereby is, DENIED without prejudice to be reasserted at a later time by any individual lessor herein, as additional proceedings may warrant. IT IS FURTHER ORDERED that Defendants' Motion to Strike Plaintiffs' Late-Filed Concise Statement of Facts and Appendix re Second Motion for Summary Judgment (ECF No. 240 ) is DENIED as moot. Finally, IT IS ORDERED that the parties shall file a joint proposal, within fourteen (14) days, s etting forth how they wish to proceed with any additional matters relating to this litigation, including any proposed form of notice to former class members that may be required consistent with Federal Rule of Civil Procedure 23. The undersigned wil l conduct a telephonic status conference on April 18, 2019 at 2:00 p.m. for the purpose of discussing the parties' joint proposal. Counsel for Plaintiffs is requested to arrange for all parties to participate by conference call at the above date and time. Signed by Judge Susan Paradise Baxter on 03/31/2019. (kas) Modified text on 4/1/2019. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
THOMAS J. WALNEY and
RODNEY A. BEDOW, SR.,
individually and on behalf of all
others similarly situated,
Plaintiffs,
v.
SWEPI LP and SHELL ENERGY
HOLDING GP, LLC,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION No. 13-102 Erie

ORDER
AND NOW, this 31st Day of March, 2019, for the reasons set forth in the accompanying
Memorandum Opinion,
IT IS ORDERED that Defendants’ Motion to Decertify the Class (ECF No. [196]) shall
be, and hereby is, GRANTED.
IT IS FURTHER ORDERED that Plaintiffs’ Third Motion to Amend Class Definition
(ECF No. [183]) is DENIED as moot and Plaintiffs’ Fourth Motion to Amend Class Definition
(ECF No. [211]) is DENIED on the merits.
IT IS FURTHER ORDERED that Plaintiffs’ Second Motion for Summary Judgment
(ECF No. [213]) shall be, and hereby is, DENIED without prejudice to be reasserted at a later
time by any individual lessor herein, as additional proceedings may warrant.
IT IS FURTHER ORDERED that Defendants’ Motion to Strike Plaintiffs’ Late-Filed
Concise Statement of Facts and Appendix re Second Motion for Summary Judgment (ECF No.
[240]) is DENIED as moot.

1

Finally, IT IS ORDERED that the parties shall file a joint proposal, within fourteen (14)
days, setting forth how they wish to proceed with any additional matters relating to this
litigation, including any proposed form of notice to former class members that may be required
consistent with Federal Rule of Civil Procedure 23. The undersigned will conduct a telephonic
status conference on April 18, 2019 at 2:00 p.m. for the purpose of discussing the parties’ joint
proposal. Counsel for Plaintiffs is requested to arrange for all parties to participate by
conference call at the above date and time.

_______________________________
Susan Paradise Baxter
United States District Judge

2