Antero Resources Corp. v. Strudley

2015 CO 26, 347 P.3d 149, 45 Envtl. L. Rep. (Envtl. Law Inst.) 20078, 2015 Colo. LEXIS 310, 2015 WL 1813000
CourtSupreme Court of Colorado
DecidedApril 20, 2015
DocketSupreme Court Case 13SC576
StatusPublished
Cited by65 cases

This text of 2015 CO 26 (Antero Resources Corp. v. Strudley) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Antero Resources Corp. v. Strudley, 2015 CO 26, 347 P.3d 149, 45 Envtl. L. Rep. (Envtl. Law Inst.) 20078, 2015 Colo. LEXIS 310, 2015 WL 1813000 (Colo. 2015).

Opinions

[151]*151JUSTICE HOBBS

delivered the Opinion of the Court.

{11 We granted certiorari to consider whether a specialized type of modified case management order known as a "Lone Pine order" is authorized under the Colorado Rules of Civil Procedure and, if so, to assess whether the trial court abused its discretion by entering such an order in this case.1 Lone Pine orders developed from an unpublished opinion of the Superior Court of New Jersey, Lore v. Lone Pine Corp., No. L-33606-85, 1986 WL 637507 (N.J.Super. Ct. Law Div. Nov. 18, 1986). Entered after initial disclosures but before discovery, Lone Pine orders require plaintiffs in toxic tort cases to provide evidence sufficient to establish a prima facie case of injury, exposure, and causation, or else face dismissal of their claims. Federal Rule of Civil Procedure 16(c) authorizes their use in complex federal cases to reduce potential burdens on defendants, particularly in mass tort litigation. See, e.g., Acuna v. Brown & Root, Inc., 200 F.3d 335, 340 (5th Cir.2000).

T2 After the initial exchange of Rule 26 disclosures, Antero Resources Corporation, Antero Resources Piceance Corporation, Calfrac Well Services Corporation, and Frontier Drilling LLC (collectively "Antero Resources") asked the trial court to enter a modified case management order requiring the plaintiffs ("the Strudleys") to present prima facie evidence that they suffered injuries attributable to the natural gas drilling operations of Antero Resources. The trial court granted the motion and issued a Lone Pine order that directed the Strudleys to provide prima facie evidence to support their allegations of exposure, injury, and causation before the court would allow full discovery. The trial court determined that the Strudleys failed to present sufficient evidence and dismissed their case with prejudice. The court of appeals reversed, concluding that, as a matter of first impression, Lone Pine orders "are not permitted as a matter of Colorado law." We agree with the court of appeals.

13 We hold that Colorado's Rules of Civil Procedure 'do not allow a trial court to issue a modified case management order, such as a Lone Pine order, that requires a plaintiff to present prima facie evidence in support of a claim before a plaintiff can exercise its full rights of discovery under the Colorado Rules. Although the comments to C.R.C.P. 16 promote active judicial case management, the rule does not provide a trial court with authority to fashion its own summary judgment-like filter and dismiss claims during the early stages of litigation.

1.

[ 4 William G. Strudley and Beth E. Strud-ley, individually, and as the parents of two minor children, sued Antero Resources, claiming they suffered physical injuries and property damage due to Antero Resources' natural gas drilling operations near their home. Specifically, the Strudleys allege that pollutants from the drilling site contaminated the air, water, and ground near their home, causing them to suffer burning eyes and throats, rashes, headaches, nausea, coughing, and bloody noses. Initial construction of the drilling operations began in August 2010, and the Strudleys assert that the pollution forced the family to move shortly thereafter, in January 2011. While the complaint identified several chemicals that allegedly polluted the property, it did not causally connect specific chemicals to actual injuries.

T5 Both parties exchanged initial disclosures as required by the presumptive case management order in place under C.R.C.P. 16(b) and C.R.C.P. 26. Antero Resources then moved for a modified case management order under C.R.C.P. 16(c), requesting that the trial court issue a Lone Pine order re[152]*152quiring the Strudleys to present prima facie evidence to support their claims before discovery could continue. In support of its argument that there was substantial doubt as to whether the Strudleys could make a prima facie showing of exposure, injury, and causation, Antero Resources submitted a Colorado Oil and Gas Conservation Commission report finding no "oil & gas related impacts to [the Strudleys'] well." Additionally, Antero Resources submitted sworn testimony that it operated the wells in compliance with all applicable laws. Antero Resources expressed concern that discovery would be costly and burdensome for the defendant companies. The Strudleys objected contesting that under Colorado law and existing statutory procedures they had a right to engage in discovery central to their claims before the court could test the merits of their case.

T 6 Seeking to promote efficiency in what it determined to be a "complex toxic tort action involving numerous claims," the trial court issued a modified case management order. The order provided for evaluating the merits of the case at an early stage, requiring a prima facie showing-through expert opinions in the form of affidavits, studies and reports, and medical records-of each plaintiff's exposure to toxic chemicals as a result of Antero Resources' activities, as well as evidence of causation specific to those toxins for each plaintiff, It also required identification and quantification of the contamination of the Strudleys' real property attributable to the companies' operations. The order prohibited the Strudleys from conducting discovery until they made this prima facie showing of exposure and medical causation for each plaintiff.

T 7 Specifically, the modified case management order required the Strudleys to provide, within 105 days:

i. Expert opinion[(s] provided by way of sworn affidavits], with supporting data and facts in the form required by [C.R.C.P.] 26(a)(2)(B)(I), that establish for each Plaintiff (a) the identity of each hazardous substance from Defendants' activities to which he or she was exposed and which Plaintiff claims caused him or her injury; (b) whether any and each of these substances can cause the type(s) of disease or illness that Plaintiffs claim (general causation); (c) the dose or other quantitative measurement of the concentration, timing and duration of his/her exposure to each substance; (d) if other than the Plaintiffs' residence, the precise location of any exposure; (e) an identification, by way of reference to a medically recognized diagnosis, of the specific disease or ilIness from which each Plaintiff allegedly suffers or for which medical monitoring is purportedly necessary; and (f) a conclusion that such illness was in fact caused by such exposure (specific causation).
ii. Each and every study, report and analysis that contains any finding of contamination on Plaintiffs' property or at the point of each Plaintiffs' claimed exposure.
iii A list of the name and last known address and phone number of each health care provider who provided each Plaintiff with health services along with a release authorizing the health care providers to provide Plaintiffs and Defendants' counsel with all of each Plaintiff's medical records, in the form of Exhibit A hereto, within twenty-one days of the date of this Court's entry of this Modified Case Management Order.
iv. Identification and quantification of contamination of the Plaintiffs' real property attributable to Defendants' operations.

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Antero Resources Corp. v. Strudley
2015 CO 26 (Supreme Court of Colorado, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
2015 CO 26, 347 P.3d 149, 45 Envtl. L. Rep. (Envtl. Law Inst.) 20078, 2015 Colo. LEXIS 310, 2015 WL 1813000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/antero-resources-corp-v-strudley-colo-2015.