Ohio Southern District Court
Judge:Algenon L Marbley
Referred: Kimberly A Jolson
Case #: 2:18-cv-01587
Nature of Suit240 Real Property - Torts to Land
Cause28:1332 Diversity-Torts to Land
Case Filed:Dec 06, 2018
Last checked: Tuesday Jun 04, 2019 4:46 AM EDT
Defendant
Ascent Resources-Utica LLC
Capitol Corporate Services Inc. 4568 Mayfield Rd. Suite 204
Cleveland, OH 44121
Represented By
Nicolle Snyder Bagnell
Reed Smith LLP
contact info
Kevin C. Abbott
Reed Smith LLP
contact info
Defendant
XTO Energy, Inc.
Corporation Service Company 50 West Broad Street Suite 1330
Columbus, OH 43215
Represented By
Nicolle Snyder Bagnell
Reed Smith LLP
contact info
Kevin C. Abbott
Reed Smith LLP
contact info
Defendant
Rice Drilling D, LLC
Corporation Service Company 50 West Broad Street Suite 1330
Columbus, OH 43215
Represented By
Nicolle Snyder Bagnell
Reed Smith LLP
contact info
Kevin C. Abbott
Reed Smith LLP
contact info
John F McCuskey
Shuman, Mccuskey & Slicer, PLLC
contact info
Defendant
Gulfport Energy Corporation
Represented By
Mitchell Aaron Tobias
Vorys, Sater, Seymour And Pease LLP
contact info
Timothy B McGranor
Vorys, Sater, Seymour And Pease LLP
contact info
Kara Marie Mundy
Vorys, Sater, Seymour And Pease, LLP
contact info
Plaintiff
Ryan Feiock
4500 Crow Rd.
Belmont, OH 43718
Represented By
Craig J Wilson
C.J. Wilson Law, LLC
contact info
Marc Mignault
Shuman, Mccuskey & Slicer, PLLC
contact info
Hamilton D. Skeens
Shuman, Mccuskey & Slicer, PLLC
contact info
Craig J. Wilson
C.J. Wilson Law, LLC
contact info
John F McCuskey
Shuman, Mccuskey & Slicer, PLLC
contact info
Brian J Warner
Shuman, Mccuskey & Slicer, PLLC
contact info
Plaintiff
J&R Passmore, LLC
1239 Sanctuary Place
Gahanna, OH 43230
Represented By
Craig J Wilson
C.J. Wilson Law, LLC
contact info
Marc Mignault
Shuman, Mccuskey & Slicer, PLLC
contact info
Hamilton D. Skeens
Shuman, Mccuskey & Slicer, PLLC
contact info
Craig J. Wilson
C.J. Wilson Law, LLC
contact info
John F McCuskey
Shuman, Mccuskey & Slicer, PLLC
contact info
Brian J Warner
Shuman, Mccuskey & Slicer, PLLC
contact info
Plaintiff
Cheryl Feiock
4500 Crow Rd.
Belmont, OH 43718
Represented By
Craig J Wilson
C.J. Wilson Law, LLC
contact info
Marc Mignault
Shuman, Mccuskey & Slicer, PLLC
contact info
Hamilton D. Skeens
Shuman, Mccuskey & Slicer, PLLC
contact info
Craig J. Wilson
C.J. Wilson Law, LLC
contact info
John F McCuskey
Shuman, Mccuskey & Slicer, PLLC
contact info
Brian J Warner
Shuman, Mccuskey & Slicer, PLLC
contact info
Plaintiff
Bruce Schuster
43168 Belmont-Centerville Rd.
BELMONT, OH 43718
Represented By
Craig J Wilson
C.J. Wilson Law, LLC
contact info
Marc Mignault
Shuman, Mccuskey & Slicer, PLLC
contact info
Hamilton D. Skeens
Shuman, Mccuskey & Slicer, PLLC
contact info
Craig J. Wilson
C.J. Wilson Law, LLC
contact info
John F McCuskey
Shuman, Mccuskey & Slicer, PLLC
contact info
Brian J Warner
Shuman, Mccuskey & Slicer, PLLC
contact info
Plaintiff
Jennifer Schuster
3168 Belmont-Centerville Rd.
Belmont, OH 43718
Represented By
Craig J Wilson
C.J. Wilson Law, LLC
contact info
Marc Mignault
Shuman, Mccuskey & Slicer, PLLC
contact info
Hamilton D. Skeens
Shuman, Mccuskey & Slicer, PLLC
contact info
Craig J. Wilson
C.J. Wilson Law, LLC
contact info
John F McCuskey
Shuman, Mccuskey & Slicer, PLLC
contact info
Brian J Warner
Shuman, Mccuskey & Slicer, PLLC
contact info
Plaintiff
Doreen Butler
2506 Flagstone Ct.
Burlington, KY 41005
Represented By
Craig J Wilson
C.J. Wilson Law, LLC
contact info
Marc Mignault
Shuman, Mccuskey & Slicer, PLLC
contact info
Hamilton D. Skeens
Shuman, Mccuskey & Slicer, PLLC
contact info
Craig J. Wilson
C.J. Wilson Law, LLC
contact info
John F McCuskey
Shuman, Mccuskey & Slicer, PLLC
contact info
Brian J Warner
Shuman, Mccuskey & Slicer, PLLC
contact info
Plaintiff
Brent Butler
2506 Flagstone Ct.
Burlington, KY 41005
Represented By
Craig J Wilson
C.J. Wilson Law, LLC
contact info
Marc Mignault
Shuman, Mccuskey & Slicer, PLLC
contact info
Hamilton D. Skeens
Shuman, Mccuskey & Slicer, PLLC
contact info
Craig J. Wilson
C.J. Wilson Law, LLC
contact info
John F McCuskey
Shuman, Mccuskey & Slicer, PLLC
contact info
Brian J Warner
Shuman, Mccuskey & Slicer, PLLC
contact info
TERMINATED PARTIES
Defendant
Antero Resources Corporation
Terminated: 02/11/2019
CT Corporation System 4400 Easton Commons Way Suite 125
Columbus, OH 43219
Represented By
Ilya Batikov
Vorys, Sater, Seymour And Pease LLP
contact info
Peter A Lusenhop
contact info
Gregory D Russell
contact info
Defendant
EQT Corporation
Terminated: 03/01/2019
625 Liberty Avenue Suite 1700
Pittsburgh, PA 15222
Represented By
Nicolle Snyder Bagnell
Reed Smith LLP
contact info
Defendant
Hess Ohio Developments, LLC
Terminated: 03/01/2019
CT Corporation System 4400 Easton Commons Way Suite 125
Columbus, OH 43219
Represented By
Nicolle Snyder Bagnell
Reed Smith LLP
contact info
Defendant
Gulfport Appalachia, LLC
Terminated: 03/01/2019
CSC Lawyers Incorporating Service 50 West Broad Street Suite 1330
Columbus, OH 43215
Represented By
Mitchell Aaron Tobias
Vorys, Sater, Seymour And Pease LLP
contact info
Timothy B McGranor
Vorys, Sater, Seymour And Pease LLP
contact info
Kara Marie Mundy
Vorys, Sater, Seymour And Pease, LLP
contact info

GPO Nov 15 2019
rs and Feiocks claims against XTO and Ascent are DISMISSED without prejudice. Signed by Judge Sarah D. Morrison on 11/15/19. (tb)OPINION AND ORDER granting in part and denying in part 47 Defendant Ascent's Motion to Dismiss; granting in part and denying in part 48 Defendant XTO's Motion to Dismiss; denying 49 Defendant Rice's Motion to Dismiss. The Butle
GPO Oct 14 2020
OPINION and ORDER Granting in part and Denying in part 168 Motion to Compel; Granting in part and Denying in part 169 Motion to Compel; Granting in part and Denying in part 170 Motion to Compel; Granting in part and Denying in part 171 Motion to Compel; Denying 180 Motion to Strike. Plaintiffs request for sanctions against Rice is DENIED, and Plaintiffs request for sanctions against Gulfport is HELD IN ABEYANCEpending Gulfports compliance with the directives in this Opinion and Order. Gulfports Motion for Extension 184 is Granted. Signed by Magistrate Judge Kimberly A. Jolson on 10/14/2020. (mdr)
GPO Nov 20 2020
ORDER STAYING CASE. All future court dates are hereby VACATED. The parties are ORDERED to file a joint status report in this case in six months or upon resolution of or relief from the bankruptcy action, whichever occurs first. Signed by Judge Sarah D. Morrison on 11/20/2020. (mdr)
GPO Oct 15 2021
by Magistrate Judge Kimberly A. Jolson on 10/15/21. (sem)OPINION and ORDER issued re: discovery disputes. Plaintiffs are ORDERED to produce the unredacted materials Ms. Passmore used to prepare for her deposition by October 18, 2021. Plaintiffs' counsel, Craig Wilson, must comply with the subpoena served upon him by October 22, 2021. Further, deadlines are AMENDED as follows: Fact/Class discovery due by November 14, 2021; Class Certification Motion due by December 1, 2021; Response due by January 13, 2022; Reply due by February 13, 2022. Signed
GPO Feb 16 2022
OPINION AND ORDER granting 386 Motion to File Documents Under Seal. Defendant is ORDERED to file redacted exhibits consistent with this Opinion and Order w/in seven (7) days. Signed by Magistrate Judge Kimberly A. Jolson on 2/16/2022. (kk2)
GPO Mar 01 2022
OPINION AND ORDER granting 398 Motion to File Document Under Seal. Plaintiffs are ORDERED to file the declassified, redacted, and sealed exhibits consistent with this Opinion and Order w/in seven (7) days. Signed by Magistrate Judge Kimberly A. Jolson on 3/1/2022. (kk2)
GPO Mar 24 2023
on L. Marbley on March 24, 2023. (jlk)ORDER: The Court AFFIRMS the Magistrate Judge's orders (ECF Nos. 356; 363; 372), DENIES both of Plaintiffs' Emergency Motions to Stay (ECF Nos. 357; 374), and OVERRULES Plaintiffs' Objections (ECF No. 373). Signed by Chief Judge Algen
GPO Mar 28 2023
ORDER denying 382 Motion to Certify Class; denying 382 MOTION to Certify Class, 396 MOTION to Strike John McBeath, 397 MOTION to Strike Declaration of Lucas Herren Filed by XTO Energy, Doc. 391-1, 400 MOTION to Strike Declaration of Matt Reser Filed by Ascent-Resources Utica LLC [Doc. 390-1], 408 MOTION to Strike Declaration of Matt Reser Filed by Ascent-Resources Utica LLC [Doc. 390-1] (Unredacted); denying 382 MOTION to Certify Class, 396 MOTION to Strike John McBeath, 397 MOTION to Strike Declaration of Lucas Herren Filed by XTO Energy, Doc. 391-1, 400 MOTION to Strike Declaration of Matt Reser Filed by Ascent-Resources Utica LLC [Doc. 390-1], 408 MOTION to Strike Declaration of Matt Reser Filed by Ascent-Resources Utica LLC [Doc. 390-1] (Unredacted); denying as moot 382 MOTION to Certify Class, 396 MOTION to Strike John McBeath, 397 MOTION to Strike Declaration of Lucas Herren Filed by XTO Energy, Doc. 391-1, 400 MOTION to Strike Declaration of Matt Reser Filed by Ascent-Resources Utica LLC [Doc. 390-1], 408 MOTION to Strike Declaration of Matt Reser Filed by Ascent-Resources Utica LLC [Doc. 390-1] (Unredacted); denying 382 MOTION to Certify Class, 396 MOTION to Strike John McBeath, 397 MOTION to Strike Declaration of Lucas Herren Filed by XTO Energy, Doc. 391-1, 400 MOTION to Strike Declaration of Matt Reser Filed by Ascent-Resources Utica LLC [Doc. 390-1], 408 MOTION to Strike Declaration of Matt Reser Filed by Ascent-Resources Utica LLC [Doc. 390-1] (Unredacted). Signed by Chief Judge Algenon L. Marbley on 3/28/2023. (cw)
GPO Apr 21 2023
ORDER granting 439 Motion to Withdraw; granting in part and denying in part 440 Motion to Amend/Correct; withdrawing 154 Motion for Summary Judgment. All motions for summary judgment are to be filed no later than sixty (60) days after this Courts entry of an opinion and order on the pending summary judgment motions in TERA II LLC, et al. v. Rice Drilling D LLC, et al., No. 2:19-cv-2221. The oral argument scheduling order is VACATED. (ECF No. 438).Signed by Chief Judge Algenon L. Marbley on 4/21/2023. (cw)
GPO Jan 10 2024
OPINION AND ORDER granting 458 Plaintiffs' Motion for Leave to File Amended Complaint. Plaintiffs are ORDERED to file their amended complaint by January 12, 2024. The parties' supplemental Motions for Summary Judgment are due on January 31, 2024. In the motions, the parties are DIRECTED to address only claims related to the Iron Warrior 4 well and the Conway 211396 6A well. Any response to a supplemental motion is due fourteen days after the filing of the amended motion. No replies will be allowed without leave from the Court. Signed by Magistrate Judge Kimberly A. Jolson on 1/10/2024. (er)
GPO Mar 29 2024
ORDER granting in part and denying in part 443 Motion for Summary Judgment; granting in part and denying in part 444 Motion for Summary Judgment; granting 445 Motion for Summary Judgment; denying 447 Motion for Summary Judgment; granting 477 Motion to Stay. The case is STAYED pending resolution of Gulfport's motion for contempt in the Bankruptcy Court. The parties are 34 ORDERED to alert this Court of such a resolution or any other related actions that could disrupt or delay the lifting of the stay on the litigation in this Court. Signed by Chief Judge Algenon L. Marbley on March 29, 2024. (jlk)

Docket last updated: 7 hours ago
Friday, March 14, 2025
499 499 1 pgs order Order on Motion for Leave to Appear Fri 03/14 4:49 PM
ORDER granting498 Motion for Leave to Partcipate by Telephone or Zoom. Signed by District Judge Algenon L Marbley on 3/14/2025. (cw)
Related: [-]
Monday, March 10, 2025
498 498 motion Appear Mon 03/10 9:55 AM
MOTION for Leave to Appear Telephone at Settlement Conference by Plaintiffs Brent Butler, Doreen Butler, Cheryl Feiock, Ryan Feiock, J&R Passmore, LLC, Bruce Schuster, Jennifer Schuster. (Wilson, Craig)
Related: [-]