TRANSWESTERN PIPELINE CO., LLC v. 9.32 ACRES

Nos. 2:07-cv-02287-JWS, 2:07-cv-2288-JWS, 2:07-cv-2292-JWS, 2:07-cv-2294-JWS, 2:07-cv-2301-JWS, 2:07-cv-2311-JWS, 2:07-cv-2312-JWS, 2:07-cv-2321-JWS to 2:07-cv-2325-JWS, 2:07-cv-2346-JWS, 2:07-cv-2350-JWS, 2:07-cv-2357-JWS, 2:07-cv-2364-JWS, 2:07-cv-2365-JWS, 2:07-cv-2371-JWS, 2:07-cv-2374-JWS, 2:07-cv-2376-JWS, 2:07-cv-2377-JWS, 2:07-cv-2379-JWS, 2:07-cv-2380-JWS, 2:07-cv-2488-JWS, 2:07-cv-2540-JWS, 2:07-cv-2576-JWS, 2:07-cv-2591-JWS, 2:07-cv-2633-JWS, 2:08-cv-0003-JWS, 2:08-cv-0033-JWS.

544 F.Supp.2d 939 (2008)

TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff, v. 9.32 ACRES, MORE OR LESS, OF PERMANENT EASEMENT LOCATED IN MARCIA COUNTY, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 1.62 acres, more or less, of permanent easement located in Maricopa County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 3.79 acres, more or less, of permanent easement located in Maricopa County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 3.42 acres, more or less, of permanent easement located in Maricopa County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 4.1 acres, more or less, of permanent easement located in Maricopa County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 1.60 acres, more or less, of permanent easement located in Maricopa County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 46.78 acres, more or less, of permanent easement located in Maricopa County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 3.51 acres, more or less, of permanent easement located in Pinal County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 5.47 acres, more or less, of permanent easement located in Pinal County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 5.99 acres, more or less, of permanent easement located in Pinal County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 6.05 acres, more or less, of permanent easement located in Pinal County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 3.97 acres, more or less, of permanent easement located in Pinal County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 3.88 acres, more or less, of permanent easement located in Maricopa County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. .65 acre, more or less, of permanent easement located in Maricopa County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 2.71 acres, more or less, of permanent easement located in Maricopa County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 3.21 acres, more or less, of permanent easement located in Pinal County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 10.39 acres, more or less, of permanent easement located in Pinal County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 3.04 acres, more or less, of permanent easement located in Pinal County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 1.45 acres, more or less, of permanent easement located in Pinal County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 1.55 acres, more or less, of permanent easement located in Pinal County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. .53 acre, more or less, of permanent easement located in Pinal County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. .76 acre, more or less, of permanent easement located in Pinal County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 2.29 acres, more or less, of permanent easement located in Pinal County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. .43 acres, more or less, of permanent easement located in Pinal County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 21.87 acres, more or less, located in Maricopa County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 2.95 acres, more or less, of permanent easement located in Pinal County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 16.74 acres of property, more or less, located in Pinal County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. .28 acres, more or less, of permanent easement located in Pinal County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, v. 3.52 acres, more or less, of permanent easement located in Pinal County, et al., Defendants. Transwestern Pipeline Company, LLC, a Delaware limited liability company, Plaintiff, 14.35 acres, more or less, of permanent easement, located in Maricopa County, et al., Defendants.

United States District Court, D. Arizona.

April 17, 2008.


Attorney(s) appearing for the Case

John C. Lemaster, John Michael Fry, Kara Anne Ricupero, Peter Joel Borns, Robert James Pohlman, Rodolfo Parga, Sean Thomas Hood, William B. McManus, Ryley Carlock & Applewhite PA, Phoenix, AZ, for Plaintiff.

Landon Wood Loveland, Michael Dennis Latham, Steven A. Hirsch, Bryan Cave LLP, Dale S. Zeitlin, Zeitlin & Zeitlin PC, Brian Jay Schulman, Greenberg Traurig LLP, Mark A. Nadeau, Shane D. Gosdis, DLA Piper LLP, Phoenix, AZ, Damien Robert Meyer, John R. Tellier, Titus Brueckner & Berry PC, Scottsdale, AZ, for Defendants.


ORDER AND OPINION

JOHN W. SEDWICK, District Judge.

I. MOTIONS ADDRESSED

In each of the cases listed in the caption to this order there is pending either a motion styled "Transwestern Pipeline Company's Renewed Motion for Preliminary Injunction Permitting Immediate Entry and Use of the Defendant Properties" or a motion styled "Plaintiffs Renewed Motion for Immediate Access and Possession." The motions were fully briefed. A two and...

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