LEGAL PROCEEDINGS.
−Removed: On March 10, 2021, Epsilon filed a complaint against Chesapeake Appalachia, LLC (“Chesapeake”) in the United States District Court for the Middle District of Pennsylvania, Scranton, Pennsylvania.
+Added: On March 10, 2021, Epsilon filed a complaint against Chesapeake Appalachia, LLC (“Chesapeake”) in the United States District Court for the Middle District of Pennsylvania, Scranton, Pennsylvania (“Middle District”).
Epsilon claims that Chesapeake has breached a settlement agreement and several operating agreements (“JOAs”) to which Epsilon and Chesapeake are parties.
−Removed: Epsilon asserts that Chesapeake has failed to cooperate with Epsilon’s efforts to develop resources in the Auburn Development, located in North-Central Pennsylvania, as required under both the settlement agreement and JOAs.
+Added: Epsilon asserts that Chesapeake has failed to cooperate with Epsilon’s efforts to develop resources in the Auburn Development, located in Northeast Pennsylvania, as required under both the settlement agreement and JOAs.
Epsilon requested a preliminary injunction but was unsuccessful in obtaining that injunction.
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Chesapeake moved to dismiss the amended Complaint.
−Removed: The Court granted the motion to dismiss without prejudice to Epsilon’s right to file a new lawsuit based on new proposals made after the Court’s decision.
−Removed: Epsilon filed a motion for reconsideration of that decision.
−Removed: The motion for reconsideration was fully briefed in November 2021.
−Removed: Epsilon filed a notice of additional evidence to the motion for reconsideration on January 4, 2022.
−Removed: The motion for reconsideration was denied on January 18, 2022.
+Added: The Court granted the motion to dismiss on a narrow issue without prejudice to Epsilon’s right to file a new lawsuit based on new proposals made after the Court’s decision.
+Added: Epsilon filed a motion for reconsideration of that decision, but the court denied the motion for reconsideration on January 18, 2022.
Epsilon filed a notice of appeal on February 15, 2022 challenging both the motion to dismiss and motion for reconsideration decisions.
Chesapeake filed a cross-appeal on March 1, 2022.
−Removed: A briefing schedule has not yet been set but a decision on the appeal is expected in the fourth quarter of 2022.
+Added: A briefing schedule was set and briefing closed October 14, 2022.
+Added: Oral argument was held in January 2023.
+Added: A decision on the appeal is not expected until mid-2023.
+Added: Epsilon re-filed a complaint against Chesapeake in the Middle District on May 9, 2022.
+Added: Epsilon generally asserts similar claims as in the previous suit, pursuing declaratory judgment claims regarding Chesapeake’s obligation to Epsilon to cooperate with Epsilon’s efforts in the Auburn Development and regarding Chesapeake’s obstruction of Epsilon’s efforts with the Pennsylvania Department of Environmental Protection permitting process but not based on specific well proposals.
+Added: Chesapeake filed a motion to stay pending a decision on the Third Circuit appeal, which was granted.
+Added: The matter is stayed pending a decision from the Third Circuit.
MINE SAFETY DISCLOSURES.
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.