Summary:       One Defendant filed a motion to dismiss the complaint on the ground that the Court lacks subject matter jurisdiction over the action. The Defendant attempted to realign a co-Defendant as a party plaintiff, arguing that the legal interests of the Plaintiff and the co-Defendant are closely aligned. Realignment of the co-Defendant as a plaintiff would have defeated diversity jurisdiction. The Court denied the motion, finding that an actual controversy exists between the Plaintiff and the co-Defendant.

 

Case Name: EOG Resources, Inc. v. Badlands Power Fuels LLC, et al.

Case Number: 4-08-cv-38

Docket Number: 49

Date Filed: 2/18/09

Nature of Suit: 190

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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NORTH DAKOTA

NORTHWESTERN DIVISION
 

EOG Resources, Inc.,

Plaintiff,

-vs-

Badlands Power Fuels, LLC, B.O.S. Roustabout & Backhoe Service, Inc., and Petroleum Experience, Inc.,

Defendants.

 )
) ORDER DENYING DEFENDANT
) BADLANDS POWER FUELS’
) MOTION TO DISMISS
)
) Case No. 4:08-cv-38
)
)
)
)

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