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Curd Minerals LLC v. Diversified Prod.

United States District Court, Southern District of West Virginia
Jul 17, 2024
Civil Action 1:22-00113 (S.D.W. Va. Jul. 17, 2024)

Opinion

Civil Action 1:22-00113

07-17-2024

CURD MINERALS, LLC, A Virginia limited liability company, Plaintiff, v. DIVERSIFIED PRODUCTION, LLC, A Pennsylvania limited liability company, Defendant.


MEMORANDUM OPINION AND ORDER

David A. Faber Senior United States District Judge

At a hearing held on July 15, 2024, the court found that the lessors of the oil-and-gas rights to defendant Diversified Production, LLC, are necessary parties in this action to quiet title to the oil-and-gas estate underlying the two wells at issue in this case. Given that the lessors have collected royalties on the oil and gas produced from the wells since they were drilled and have acted as the owners of the property by virtue of being lessors, they have a clear interest at stake and are necessary parties under Rule 19 of the Federal Rules of Civil Procedure. See, e.g., Folse v. Am. Elec. Power Serv. Corp., No. 2:23-cv-00201, 2024 WL 1154035, at *4 (S.D. W.Va. Feb. 22, 2024) (“‘When a court proceeding directly affects or determines the scope of rights or interests in real property, any persons who claim an interest in the real property at issue' are required parties under Rule 19.”) (quoting Johnson v. James B. Nutter & Co., 438 F.Supp.3d 697, 708 (S.D. W.Va. 2020)).

“If a person has not been joined as required, the court must order that the person be made a party.” Fed.R.Civ.P. 19(a)(2). For that reason, plaintiff is ORDERED to join, within 30 days of this order, the lessors to the lease and any other persons that have a purported ownership interest in the disputed property. The trial of this matter is CONTINUED until further order of the court.

The Clerk is directed to send a copy of this Order to counsel of record.

IT IS SO ORDERED


Summaries of

Curd Minerals LLC v. Diversified Prod.

United States District Court, Southern District of West Virginia
Jul 17, 2024
Civil Action 1:22-00113 (S.D.W. Va. Jul. 17, 2024)
Case details for

Curd Minerals LLC v. Diversified Prod.

Case Details

Full title:CURD MINERALS, LLC, A Virginia limited liability company, Plaintiff, v…

Court:United States District Court, Southern District of West Virginia

Date published: Jul 17, 2024

Citations

Civil Action 1:22-00113 (S.D.W. Va. Jul. 17, 2024)