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13-150 - Dytko et al v. Chesapeake Appalachia, LLC


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13-150 - Dytko et al v. Chesapeake Appalachia, LLC
May 30, 2014
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MEMORANDUM OPINION AND ORDER DENYING AS MOOT 5 DEFENDANT'S MOTION TO COMPEL AND DISMISS PLAINTIFFS' COMPLAINT, GRANTING IN PART AND DENYING IN PART 11 DEFENDANT'S MOTION TO COMPEL ARBITRATION AND DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT AND STAYING CLAIMS OF HOLLY DYTKO, J.D. AND R.D. This civil action is DISMISSED insomuch as it concerns plaintiff Brian Dytko and is to be brought in arbitration in accordance with this memorandum opinion and order. The Clerk is DIRECTED to dismiss this civil action and strike it from the active docket of this Court insomuch as it concerns plaintiff Brian Dytko. As to the remaining claims in the amended complaint for private nuisance, negligence and intentional tort as they pertain to plaintiffs Holly Dytko, J.D. and R.D., this Court DENIES IN PART defendants motion to compel arbitration and dismiss plaintiffs first amended complaint. This Court, however, STAYS such claims pending the outcome of the arbitration. The remaining plaintiffs are DIRECTED to notify this Court upon the conclusion of the arbitration proceedings. Brian Dytko (individually, and as the parent and next friend of J.D. and R.D.) terminated.; Case stayed. Signed by Senior Judge Frederick P. Stamp, Jr. on 5/30/2014. (copy to counsel of record via CM/ECF) (nmm)
July 25, 2016
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S 32 MOTION TO DISMISS REMAINING PLAINTIFFS' CLAIMS AND GRANTING DEFENDANT'S 32 MOTION FOR SUMMARY JUDGMENT. It is ORDERED that this civil action be DISMISSED and STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter judgmenton this matter. Signed by Senior Judge Frederick P. Stamp, Jr. on 7/25/16. (copy to counsel via CM/ECF)(lmm)