Opinion
CIVIL ACTION NO. 4:19-4414
08-25-2020
UNLIMITED SERVICES, LLC, Plaintiff-Counterclaim-Defendant v. ANADARKO PETROLEUM CORP., Defendant-Counterclaim-Plaintiff ANADARKO PETROLEUM CORP., Third-Party Plaintiff v. ST. PAUL MERCURY INSURANCE COMPANY; THE TRAVELERS COMPANIES, Third-Party Defendants.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
Pending before the Court in the above refereneced proceeding is Third-Party Defendants St. Paul Mercury Insurance Company and The Travelers Companies' Motion to Dismiss (Doc. No. 21); Anadarko Petroleum Corporation's response (Doc. No. 25) the reply (Doc. No. 26); Magistrate Judge Stacy's Memorandum and Recommendation (Doc. No. 36; and Third-Party Defendants' objections to the Memorandum and Recommendation (Doc. No. 40).
The Court has reviewed the case, de novo, and agrees with the Magistrate Judge's conclusion that, as a party interested under the written contracts, Anadarko has a right to seek court judgment interpreting these contracts. Unlike judgments that establish liability, questions of construction are not subject to the no-direct-action rule. Accordingly, it is hereby
ORDERED that Third-Party Defendants St. Paul Mercury Insurance Company and The Travelers Companies' Motion to Dismiss (Doc. No. 21) is DENIED.
Signed at Houston, Texas, this 25th day of August, 2020.
/s/_________
ANDREW S. HANEN
UNITED STATES DISTRICT JUDGE