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Cherie Leatherman, Both Individually and As the Administratrix of the v. Cabot Oil & Gas Corporation

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


March 29, 2013

CHERIE LEATHERMAN, BOTH INDIVIDUALLY AND AS THE ADMINISTRATRIX OF THE ESTATE OF GREGORY BRET WALKER, DECEASED PLAINTIFF,
v.
CABOT OIL & GAS CORPORATION, PIONEER DRILLING SERVICES, LTD., PIONEER DRILLING, INC., AND DEAN'S CASING SERVICES, INC., DEFENDANTS.

The opinion of the court was delivered by: DuBOIS, Jan E., J.

ORDER

AND NOW this 29th day of March, 2013, upon consideration of the Motion to Dismiss for Improper Venue Pursuant [sic] by Defendants Pioneer Drilling Services, Ltd. and Pioneer Drilling Company (Document No. 9, filed July 30, 2012), and the related filings of the parties,*fn1 plaintiff's Motion to Remand (Document No. 14, filed August 6, 2012), and the related filings of the parties,*fn2 Motion of Defendant, Dean's Casing Services to Dismiss for Improper Venue or Motion to Transfer Venue (Document No. 18, filed August 12, 2012), and the related filings of the parties,*fn3

and Cabot Oil & Gas Corporation's Motion to Dismiss for Failure to State a Claim; Motion to Strike; Motion for a More Specific Pleading; and Motion to Dismiss for Improper Venue (Document No. 19, filed August 13, 2012), and the related filings of the parties,*fn4 for the reasons set forth in the Memorandum dated March 29, 2013, IT IS ORDERED as follows:

1. Plaintiff's Motion to Remand is DENIED.

2. That part of the Motion to Dismiss for Improper Venue Pursuant [sic] by Defendants Pioneer Drilling Services, Ltd. and Pioneer Drilling Company, seeking a transfer of this case to the Middle District of Pennsylvania is GRANTED. That part of the motion seeking a dismissal for lack of venue is MARKED WITHDRAWN.

3. That part of the Motion of Defendant, Dean's Casing Services, Inc. to Dismiss for Improper Venue or Motion to Transfer Venue, seeking dismissal on improper venue grounds is DENIED.That part of the Motion seeking a transfer of this case to the Middle District of Pennsylvania is GRANTED.

4. That part of the Motion of Cabot Oil & Gas Corporation's Motion to Dismiss for Failure to State a Claim; Motion to Strike; Motion for a More Specific Pleading; and Motion to Dismiss for Improper Venue, seeking dismissal on improper venue grounds is DENIED. That part of the Motion seeking a transfer of this case to the Middle District of Pennsylvania is GRANTED. That part of the Motion, seeking dismissal of certain of plaintiff's claims, requesting a more definite statement, and moving to strike sections of the Complaint, is DENIED WITHOUT PREJUDICE.

5. The case is TRANSFERRED to the United States District Court for the Middle District of Pennsylvania.

6. The Clerk of the United States District Court for the Eastern District of Pennsylvania SHALL SEND the complete file to the United States District Court for the Middle District of Pennsylvania.

BY THE COURT:

Hon. Jan E. Dubois


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