MUNICIPAL WATER AUTHORITY OF WESTMORELAND COUNTY v. CNX GAS COMPANY, L.L.C. et al

Filing 102

ORDER (Memorandum 101 previously filed separately) GRANTING in part & DENYING in part 87 Motion to Quash & directing 3rd party recipients of the subpoenas to produce all docs except docs id'd in Para 1 of this order w/in 10 days of the date of this order. (See order for complete details.) Signed by Christopher C. Conner on 12/20/17. (kmMD)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MUNICIPAL AUTHORITY
OF WESTMORELAND COUNTY,
on behalf of itself and all others
similarly situated,
Plaintiff
v.
CNX GAS COMPANY, LLC, et al.,
Defendants

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CIVIL ACTION NO. 2:16-CV-422
(Chief Judge Conner)

ORDER
AND NOW, this 20th day of December, 2017, upon consideration of the
motion (Doc. 87) to quash filed by defendant CNX Gas Company, LLC (“CNX”),
seeking to quash the subpoenas (Docs. 87-5, 87-6, 87-7) issued by plaintiff Municipal
Authority of Westmoreland County (“MAWC”) to CONE Midstream Partners LP,
CONE Gathering LLC, and Joseph Fink (collectively, “third party recipients”), the
parties’ respective briefs in support of and opposition to said motion (Docs. 88, 96),
the court’s in camera review of the emails, and for the reasons stated in the
accompanying memorandum, it is hereby ORDERED that:
1.

CNX’s motion is GRANTED as to the following documents, identified
by their CONE-MAWC Bates Stamp: CONE-MAWC 01307 (content of
January 12, 2012 email sent by attorney Bridget Furbee (“Furbee”) at
2:36 p.m. only); CONE-MAWC 01309 (content of January 12, 2012 email
sent by Furbee at 4:41 p.m. only); CONE-MAWC 01316-01318; CONEMAWC 01319-01321; CONE-MAWC 01330; CONE-MAWC 01369;
CONE-MAWC 01370-01372 (except for the first two, logistical, emails
on the chain); CONE-MAWC 01373-01375; CONE-MAWC 01376-01380;
CONE-MAWC 01418; CONE-MAWC 01419-01420; CONE-MAWC
01421-01423; and CONE-MAWC 01424-01426.

2.

CNX’s motion is otherwise DENIED.

3.

Within ten (10) days of the date of this order, third party recipients of
the subpoenas shall produce all documents except the documents
identified in paragraph 1 of this order.
BY THE COURT:

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