Pontchartrain Natural Gas System, k/d/s Promix, L.L.C., and Acadian Gas Pipeline System v. Texas Brine Company, LLC

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

2018 CA 1159

PONTCHARTRAIN NATURAL GAS SYSTEM, K/D/ S
PROMIX, L.L.C., AND ACADIAN GAS PIPELINE SYSTEM

VERSUS

TEXAS BRINE COMPANY, LLC

Judgment Rendered: NOV 1 5 2019

On Appeal from the
23rd Judicial District Court
In and for the Parish of Assumption
State of Louisiana
Trial Court No. 34, 265

Honorable Thomas J. Kliebert, Jr., Judge Presiding

Leopold Z. Sher Attorneys for Appellant/
James M. Garner Defendant, Third -Party Plaintiff,
Peter L. Hilbert, Jr. Texas Brine Company, LLC
Jeffrey D. Kessler
New Orleans, Louisiana

Robert Ryland Percy, III
Gonzales, Louisiana

Travis J. Turner
Gonzales, Louisiana

Joseph L. Shea, Jr. Attorneys for Appellee/ Third-Party
Katherine Smith Baker Defendant,
Ashley G Gable Reliance Petroleum Corporation
Joshua S. Chevallier
Shreveport, Louisiana

Matthew J. Randazzo, III Attorneys for Appellees/ Third-Party
Christopher B. Bailey Defendants,
Will Montz LORCA Corporation and Colorado
Lafayette, Louisiana Crude Company

Frank H. Spruiell, Jr. Attorneys for Appellee/ Third-Party
Reid A. Jones Defendant,
Seth M. Moyers Sol Kirschner
Shreveport, Louisiana

Martin A. Stern Attorneys for Appellees/ Defendants,
Leigh Ann Schell Third -Party Defendants,
Raymond P. Ward Occidental Chemical Corporation,
Sara Valentine Occidental Petroleum Corporation,
New Orleans, Louisiana Basic Chemicals Company, LLC, and
Occidental VCM, LLC
Kathy Patrick
Angus J. Dodson
Laura J. Kissel
Houston, Texas

Sidney W. Degan, III Attorneys for Appellee/Third-Party
Julia A. Dietz Defendant,
Catherine Thigpen Chicago Insurance Company
Matthew F. Morgan
New Orleans, Louisiana

BEFORE: HIGGINBOTHAM,' PENZATO, AND LANIER, JJ.

Judge Toni Manning Higginbotham was not present at the oral argument of this case; however,
she participated in deliberations via a recording of the hearing.

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PENZATO, J.

This is one of several lawsuits arising from the appearance of a sinkhole near

Bayou Come in Assumption Parish, Louisiana, in August 2012. The plaintiffs

herein, Pontchartrain Natural Gas System, K/D/ S Promix, L.L.C., and Acadian Gas

Pipeline System, filed suit against Texas Brine Company, LLC, alleging that Texas

Brine' s mining operations at the brine production well known as Oxy Geismar # 3

caused the sinkhole and damaged their nearby oil storage facilities and pipelines.

Relevant hereto, Texas Brine filed incidental demands asserting both tort and

contract claims against the following non -operators of the nearby Adams -Hooker

1 oil and gas well: Colorado Crude Company, Sol Kirschner, LORCA

Corporation, and Reliance Petroleum Corporation and its insurer, Chicago

Insurance Company.

The non -operators filed motions for summary judgment seeking the

dismissal of their tort claims. Following a hearing, the trial court granted the

motions by judgment signed August 28, 2017. Because the judgment dismissed all

tort claims against the non -operators, the trial court determined that there was no

just reason for delay, and designated the judgment as a final judgment as to the tort

claims against the non -operators. Texas Brine appealed, and this court affirmed the

August 28, 2017 judgment in Pontchartrian Natural Gas System a Texas Brine

Company, LLC, 2018- 0606 ( La. App. 1 Cir. 12/ 21/ 18), 268 So. 3d 1058, writ

denied, 2019- 0526 ( La. 6/ 17/ 19), 273 So. 3d 1210.

The non -operators also filed motions for summary judgment seeking the

dismissal of Texas Brine' s contract claims. The motions were granted, and Texas

Brine' s contract claims against the non -operators were dismissed by judgment

dated September 27, 2017. Texas Brine then appealed the judgments dismissing

the non -operators, including both the September 27, 2017 judgment and the August

28, 2017 judgment, in a single appeal. This court lodged the appeals separately,

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under this docket number ( 2018 CA 1159) for the August 28, 2017 judgment

dismissing the tort claims, and under docket number 2018 CA 1170 for the

September 27, 2017 judgment dismissing the contract claims.

We have determined that this appeal is a duplicate of the appeal that was

filed by Texas Brine and addressed by this court in Pontchartrain, 268 So. 3d

1058. Because we have previously addressed the merits, this appeal ( docket

number 2018 CA 1159) is moot. We further note that the pending rule to show

cause as to the timeliness of this appeal and the motion to supplement the record

are also moot.
Accordingly, we hereby dismiss this appeal and the pending

motions via summary disposition in accordance with Uniform Court of Appeal

Rule 2- 16. 2. A( 2) and ( 3). All costs of this appeal are assessed against Texas Brine

Company, LLC.

RULE TO SHOW CAUSE, MOTION TO SUPPLEMENT THE
RECORD, AND APPEAL DISMISSED.

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