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Ely v. Cabot Oil & Gas Corporation

United States District Court, M.D. Pennsylvania

January 12, 2015

NOLEN SCOTT ELY, et al., Plaintiffs,
v.
CABOT OIL & GAS CORPORATION, et al., Defendants.

ORDER

JOHN E. JONES, III, District Judge.

AND NOW, upon consideration of the Report and Recommendation of Chief United States Magistrate Judge Martin C. Carlson (Doc. 510), recommending that the Defendants' Motion for Summary Judgment on the Hubert Ely Family's claims (Doc. 390) be granted with respect to all claims save for the Ely Family's claims for negligence and private nuisance, and, after an independent review of the record, and noting that both parties filed objections[1] (Docs. 522, 523, 528, 529, 531) to the report, and the Court finding Judge Carlson's analysis to be extremely thorough, well-reasoned, and fully supported by the record, and the Court further finding the Plaintiff's objections to be without merit and squarely addressed by the Magistrate Judge within his report[2], but that several of the Defendants' objections shall be sustained to the extent reflected hereinbelow, IT

IS HEREBY ORDERED THAT:

1. The Report and Recommendation of Magistrate Judge Carlson (Doc. 510) is ADOPTED to the following extent:
2. Defendants' Motion for Summary Judgment on Ely Family's claims (Doc. 390) is GRANTED as follows:
a. Summary judgment is granted in favor of Defendant GasSearch Drilling Services (GDS) on all claims and the Clerk shall TERMINATE GDS as a Defendant to this action.
b. Summary judgment is granted in favor of Defendant Cabot Oil & Gas Corporation with regards to the Ely Family's claim for breach of contract, as well as any claim for lost royalties.[3]
c. Summary judgment is granted in favor of Defendant Cabot Oil & Gas Corporation with regards to the Ely Family's claim for fraudulent inducement.
d. Summary judgment is granted in favor of Defendant Cabot Oil & Gas Corporation with regards to the Ely Family's claim for negligence per se.
e. Summary judgment is granted in favor of Defendant Cabot Oil & Gas Corporation with regards to the Ely Family's claim for medical monitoring and alleged violations of a variety of Pennsylvania environmental law.
f. Summary judgment is granted in favor of Defendant Cabot Oil & Gas Corporation with regards to the Ely Family's claim for personal injuries.[4]
g. Summary judgment is granted in favor of Defendant Cabot Oil & Gas Corporation with regards to the Minor Ely's claims of negligence.[5]
3. Summary judgment is DENIED with respect to the Ely Family's private nuisance claim and Nolen and Monica Ely's negligence claim.

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