UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Columbia Gas Transmission, LLC,

Plaintiff, Case No. 2:17-cv-1048

V. Judge Michael H. Watson

Steven A. Wharton, et al., Magistrate Judge Vascura

Defendants.

OPINiON AND ORDER

There are a few remaining matters in this action. First, Columbia Gas

Transmission, LLC ("Columbia Gas") and Mina L. Dioun move to dismiss

unnecessarily joined parties. ECF No. 119. Pursuant to Federal Rule of Civil

Procedure 71.1(i)(2), the motion is GRANTED. The following parties are

DISMISSED as unnecessarily Joined: Mo Dioun, WesBanco Bank, Inc., Ronald

M. Jezerinac, FMKF, LLC, and Tiffany Sexton.

Next, Columbia Gas moves for payout of the February 2018 cash deposit,

release of bond, and dismissal of the action (the "Motion"). ECF No. 118. After

carefully considering the Motion and the entire record in this case, the Motion is

GRANTED for the following reasons.

Columbia Gas filed this action on December 4, 2017. On February 12,

2018, pursuant to this Court's February 9, 2018 Opinion and Order, ECF No. 57,

in order to make use of the Rights-of-Way and easements in accordance with

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this Court's Preliminary injunction Order, Columbia Gas deposited with the Court,

via certified check, the amount of $132,737.00 (the "February 2018 Cash

Deposit") and posted a surety bond (Bond #BDTO-660020-018: the "Surety

Bond") issued by Liberty Mutual insurance Company in the amount of

$39,821.10, as required by Federal Rules of Civil Procedure 65(c), 67, and

71.1(j) and Order of this Court.

With the Motion, Columbia Gas tendered an exhibit summarizing the status

and relevant history of the Tracts, the Landowner Defendants, the Deposits

relative to the Tracts, and the previous dismissals (or other disposition) of ail

Tracts and Landowner Defendants, including its recent acquisition of ail

necessary outstanding interests as to Tract Nos. 7 and 8. Upon review of that

exhibit, Columbia Gas has acquired ail necessary interests for the project at

issue, and no necessary interests remain outstanding to be acquired through this

Action.

Accordingly, the Clerk is DIRECTED to pay out to Columbia Gas the

February 2018 Cash Deposit, principal amount being $132,737.00, together with

any interest accrued thereon since the date of the February 2018 Cash Deposit

(the "Payout Amount").

Columbia Gas requests that the Payout Amount be disbursed to "Columbia

Gas Transmission, LLC" as payee, and mailed to:

Columbia Gas Transmission, LLC

c/o Carmody MacDonaid PC

Attn: David M. Fedder

Case No. 2:17-cv-1048 Page 2 of 3

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120 S. Central Avenue, Suite 1800

St. Louis. MO 63105

This Clerk is further DIRECTED to release the Surety Bond (BOND

#BDTD-860020-018). Upon disbursement to Columbia Gas of the Payout

Amount and the release of the Surety Bond, this action is DISMISSED WITHOUT

PREJUDICE. All parties shall bear their own respective costs and attorneys'

fees.

The Court DIRECTS the Clerk to provide a certified copy of this Order to

counsel of record and any unrepresented parties.

After completing the above-outlined tasks, the Clerk shall close the case.

IT IS SO ORDERED.

IICHAEL H. WATSON, JUDGE

UNITED STATES DISTRICT COURT

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