WBI Energy Transmissions, Inc. v. Subsurface Easements for the Storage of Natural Gas in the Judith River Subterranean Geological Formation

D. Montana

WBI Energy Transmissions, Inc. v. Subsurface Easements for the Storage of Natural Gas in the Judith River Subterranean Geological Formation

District Court, D. Montana·Decided July 31, 2019·No. 1:18-cv-00088·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT = □ Le FOR THE DISTRICT OF MONTANA BILLINGS DIVISION JUL 3 1 200

WBI ENERGY TRANSMISSION, INC., CV 18-88-BLG-SPW Plaintiff, ORDER ADOPTING VS. MAGISTRATE’S FINDINGS AND RECOMMENDATIONS SUBSURFACE EASEMENTS FOR THE STORAGE OF NATURAL GAS IN THE JUDITH RIVER SUBTERRANEAN GEOLOGICAL FORMATIN, et al., Defendants.

The United States Magistrate Judge filed Findings and Recommendations on July 8, 2019. (Doc. 71). The Magistrate recommended the Court grant Plaintiff WBI Energy’s motion to strike and/or dismiss. (Doc. 71 at 11). Pursuant to 28 U.S.C. § 636(b)(1), parties are required to file written objections within 14 days of the filing of the Magistrate’s Findings and Recommendation. No objections were filed. When neither party objects, this Court reviews the Magistrate’s Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error exists if the Court is left with a “definite and firm

conviction that a mistake has been committed.” United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000). After reviewing the Findings and Recommendation, this Court does not find that the Magistrate committed clear error. IT IS ORDERED that the proposed Findings and Recommendations entered by the United States Magistrate Judge (Doc. 71) are ADOPTED IN FULL. IT IS FURTHER ORDERED WBI Energy’s motion to strike and/or dismiss (Doc. 37) is granted. IT IS FURTHER ORDERED Angela K. Heiser and Kelly J. Heiser’s Answer and Counterclaim is struck and the remaining Counterclaim Landowners’ counterclaims are dismissed without prejudice.

DATED this of July, 2019.

SUSAN P. WATTERS United States District Judge

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IN THE UNITED STATES DISTRICT COURT = □ Le FOR THE DISTRICT OF MONTANA BILLINGS DIVISION JUL 3 1 200

WBI ENERGY TRANSMISSION, INC., CV 18-88-BLG-SPW Plaintiff, ORDER ADOPTING VS. MAGISTRATE’S FINDINGS AND RECOMMENDATIONS SUBSURFACE EASEMENTS FOR THE STORAGE OF NATURAL GAS IN THE JUDITH RIVER SUBTERRANEAN GEOLOGICAL FORMATIN, et al., Defendants.

The United States Magistrate Judge filed Findings and Recommendations on July 8, 2019. (Doc. 71). The Magistrate recommended the Court grant Plaintiff WBI Energy’s motion to strike and/or dismiss. (Doc. 71 at 11). Pursuant to 28 U.S.C. § 636(b)(1), parties are required to file written objections within 14 days of the filing of the Magistrate’s Findings and Recommendation. No objections were filed. When neither party objects, this Court reviews the Magistrate’s Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error exists if the Court is left with a “definite and firm

conviction that a mistake has been committed.” United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000). After reviewing the Findings and Recommendation, this Court does not find that the Magistrate committed clear error. IT IS ORDERED that the proposed Findings and Recommendations entered by the United States Magistrate Judge (Doc. 71) are ADOPTED IN FULL. IT IS FURTHER ORDERED WBI Energy’s motion to strike and/or dismiss (Doc. 37) is granted. IT IS FURTHER ORDERED Angela K. Heiser and Kelly J. Heiser’s Answer and Counterclaim is struck and the remaining Counterclaim Landowners’ counterclaims are dismissed without prejudice.

DATED this of July, 2019.

SUSAN P. WATTERS United States District Judge

WBI Energy Transmissions, Inc. v. Subsurface Easements for the Storage of Natural Gas in the Judith River Subterranean Geological Formation, (D. Mont. 2019).

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WBI Energy Transmissions, Inc. v. Subsurface Easements for the Storage of Natural Gas in the Judith River Subterranean Geological Formation (WBI Energy Transmissions, Inc. v. Subsurface Easements for the Storage of Natural Gas in the Judith River Subterranean Geological Formation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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