Tenth Circuit Decides Davilla v. Enable Midstream Partners

Here is the opinion in Davilla v. Enable Midstream Partners.

Briefs:

appellant brief

appellee brief

reply

Lower court materials here and here.

Tenth Circuit Denies En Banc Petition in Enable Oklahoma Intrastate Transmission LLC v. A 25 Foot Wide Easement

Here are the materials:

En Banc petition

Unopposed Motion for Atty Fees

Order Denying En Banc Petition

Order Granting Atty Fees

Other posts here.

Tenth Circuit Affirms Enable Oklahoma Intrastate Transmission LLC v. A 25 Foot Wide Easement

Here is the opinion. An excerpt:

Plaintiff Enable Oklahoma Intrastate Transmission, LLC, appeals the district court’s dismissal of its case for lack of subject matter jurisdiction and for failure to join an indispensable party. Enable also challenges the amount of attorney fees the court awarded to the landowner defendants. Because our decision in Public Service Company of New Mexico v. Barboan, 857 F.3d 1101 (10th Cir. 2017), is dispositive of the subject matter jurisdiction issue, we affirm the district court’s order dismissing the action. We likewise affirm the attorney fees award as consistent with Oklahoma law.

Briefs and lower court materials here.

Tenth Circuit Briefs in Eminent Domain Dispute involving Kiowa Tribe

Here are the briefs in Enable Oklahoma Intrastate Transmission LLC v. A 25 Foot Wide Easement:

enable brief

landowners brief

United States brief

reply

Lower court materials here and here.

 

Federal Court Refuses to Stay Order to Remove Pipeline

Here are the materials in Davilla v. Enable Midstream Partners LP (W.D. Okla.):

72 motion for stay

73 response

74 reply

2018-03-21 – dkt 092 – order denying defendants’ motion to stay permanent injunction

Prior posts here.

Update in Suit against Pipeline Company in Kiowa Country

Here are the materials in Davilla v. Enable Midstream Partners (W.D. Okla.):

14-davilla-motion-to-dismiss-counterclaim

25-emp-response-to-14

28-davilla-reply-in-support-of-14

31-emp-motion-on-damages-and-rules-of-decision

32-davilla-motion-for-summary-j-on-liability

36-emp-response-to-32

37-davilla-response-to-31

38-davilla-reply-in-support-of-32

39-emp-reply-in-support-of-31

51-dct-order-on-31

Prior post here.

Kiowa Casino Operating Authority Reinstated as Defendant After Discovery Confirms Waiver of Immunity

Here are the new materials in Swanda Brothers Inc v. Chasco Constructors Ltd LLP (W.D. Okla.):

DCT Order Denying KCOA Motion

Kiowa Casino Operations Authority MTD

Chasco Response

KCOA Reply

The court had previously dismissed Kiowa from the matter (see post here), but after discovery the parties found evidence of a waiver of immunity.

Kiowa Casino Operating Authority Dismissed from Contract Arbitration

The case is Swanda Brothers Inc v. Chasco Constructors Ltd LLP (W.D. Okla.). Here are the materials:

DCT Order Dismissing KCOA

KCOA Motion to Dismiss

Chasco Response

KCOA Reply