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WPX motion to remove equip Franklin Forks w/exhibits

WPX motion to remove equip Franklin Forks w/exhibits

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WPX motion to remove equip Franklin Forks w/exhibits filed 11/4/13 with US District Court, Middle District of Pennsylvania.
WPX motion to remove equip Franklin Forks w/exhibits filed 11/4/13 with US District Court, Middle District of Pennsylvania.

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Published by: NY Friends of Clean Air and Water on Nov 06, 2013
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA TAMMY MANNING and MATTHEW MANNING individually; BRYANNE BURTON individually and as Parent and
Natural Guardian of M.B. and J.M.; AMANDA GRONDlN, individually and
as Parent and Natural Guardian of E.G.; ROBERT LEE JR. individually; TAMMY HADLICK individually; and SCOTT HENRY individually;
Plaintiffs,
v.
WPX ENERGY INC.; THE WILLIAMS :
COMPANIES, INC.; and WPX ENERGY :
APPALACHIA, LLC;
Defendants. No. 3:12-cv-646 District Judge A. Richard Caputo
DEFENDANT WPX ENERGY APPALACHIA, LLC'S MOTION TO PERMIT ENTRY ONTO LAND FOR THE REMOVAL OF EQUIPMENT
Defendant WPX Energy Appalachia, LLC ( WPX ), by and through its undersigned
counsel, moves this Court for an order granting WPX entry onto the Plaintiffs' properties for the
limited purpose of removing water buffalos and associated equipment owned by WPX. In
support thereof WPX states as follows:
1
On October 3, 2013, Plaintiffs filed a Third Amended Complaint in the above-
captioned matter by which they added Tammy Hadlick and Scott Henry as Plaintiffs to this
action.
See
Docket No. 41.)
2.
The Third Amended Complaint avers that the oil and gas drilling activities of the
Defendants has allegedly caused the release spill and/or discharge of gases hazardous chemicals
(B
1
35
84
9
5,5
)
Case 3:12-cv-00646-ARC Document 44 Filed 11/04/13 Page 1 of 8
 
and industrial wastes resulting in environmental contamination to the Plaintiffs' potable water
supplies. (Docket No. 41, at
¶J
4-5.
3.
Plaintiffs Tammy Manning and Tammy Hadlick filed complaints with the
Pennsylvania Department of Environmental Protection ( DEP ) on or about December 20, 2011,
alleging that recent gas well drilling activities had affected their water supply wells. Plaintiff
Scott Henry filed a similar complaint with the DEP on or about January 2, 2012. The DEP
proceeded to conduct a sixteen-month-long investigation of the water quality in and around the
Manning, Hadlick and Henry properties in response to their complaints.
4.
On April 24, 2013, the DEP sent letters to Ms. Manning, Ms. Hadlick and Mr.
Henry regarding the conclusions of its investigation into the possible degradation of their water
supply wells located in Franklin Township, Susquehanna County. The DEP concluded that its
investigation does not indicate that gas well drilling has impacted [Ms. Manning's/Ms.
Hadlick's/Mr. Henry's] water supply. True and correct copies of the April 24, 2013 DEP letters are attached hereto as Exhibit A.
5.
On August 1, 2013, WPX sent a letter to William J. Dubanevich, counsel for the Plaintiffs, advising him that WPX was going to stop providing a temporary water supply to the
Mannings, and that it planned to remove the water buffalo and ancillary equipment from the
Manning property. WPX also asked that Mr. Dubanevich contact WPX on or before August 30,
2013, to coordinate the logistics for removal of the temporary water supply system on the
Manning property. A true and correct copy of the August 1, 2013 WPX letter is attached hereto
as Exhibit B. On August 1, 2013, WPX sent a similar letter to Ms. Hadlick and Mr. Henry
with the same information. True and correct copies of the August 1, 2013 WPX letters are
attached hereto as Exhibit C.
{B1358495.5}
Case 3:12-cv-00646-ARC Document 44 Filed 11/04/13 Page 2 of 8
 
6.
On August 28, 2013, Plaintiffs Tammy Manning, Matthew Manning, Bryanne
Burton Amanda Grodin and Robert Lee Jr. filed a Motion for Temporary Restraining Order and
Preliminary Injunction seeking to enjoin WPX from removing, or causing the removal of, the alternative water supply from the Plaintiffs property. (Docket No. 31.) Although Ms. Hadlick
and Mr. Henry had not yet filed a complaint against WPX, Mr. Dubanevich informed the
undersigned counsel for WPX that he had been retained by Ms. Hadlick and Mr. Henry to
represent them in a similar action against WPX.
7.
In light of the filing of a Motion for Temporary Restraining Order and
Preliminary Injunction and in anticipation of a prompt hearing, WPX agreed to continue
providing an alternative water source to the Plaintiffs properties until the preliminary injunction
hearing was held on September 5 2013.
8.
Prior to the hearing date of September 5, Plaintiffs, through counsel, withdrew
their Motion for Temporary Restraining Order and Preliminary Injunction, with the
understanding that the water buffalos would be removed in the near future.
9.
WPX agreed to continue to provide Plaintiffs with alternative water for a short period of time while Plaintiffs obtained their own water buffalos, a plan which their counsel
indicated they were each pursuing.
10.
On September 24, 2013, despite numerous attempts to communicate with counsel
for plaintiffs to obtain mutually convenient dates to schedule the removal, WPX had still not
received dates for removing its water buffalos. As a result, WPX advised Plaintiffs counsel that
it would have its contractor top off the water in Plaintiffs water buffalos one last time on
September 25, 2013, after which Plaintiffs would be responsible for supplying the tanks with
031358495.5}
Case 3:12-cv-00646-ARC Document 44 Filed 11/04/13 Page 3 of 8

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