United States District Court, S.D. West Virginia, Charleston Division
MEMORANDUM OPINION AND ORDER
E. JOHNSTON, CHIEF JUDGE.
the Court is Defendant Cabot Oil & Gas Corporation's
(“Cabot”) Motion to Dismiss Claims Asserted by
Plaintiff James Grimes. (ECF No. 60.) For the reasons herein,
the Court GRANTS the motion.
James Grimes (“Grimes”) is one of several
Plaintiffs who filed a Complaint on April 13, 2017, against
Cabot and other unnamed persons or entities. (ECF No. 1-2 at
7.) The dispute arises from Cabot's alleged failure to
reasonably divert water from its natural course in a way that
caused flooding and associated damage to Plaintiffs'
properties located in Boone County, West Virginia. The
Complaint was filed originally in the Circuit Court of Boone
County, and Cabot removed the case to this Court on May 19,
2017, asserting diversity jurisdiction pursuant to 28 U.S.C.
§ 1332 as the sole basis for this Court's subject
matter jurisdiction. (ECF No. 1.) After Grimes' refusal
to participate in the discovery process despite a court order
compelling him to do so, Cabot filed the pending motion on
July 2, 2018. (ECF No. 60.) No response was filed, and, thus,
the motion is ripe for adjudication.
Rule of Civil Procedure 37 provides the following:
party . . . fails to obey an order to provide or permit
discovery, . . . the court where the action is pending may
issue further just orders. They may include the following:
(i) directing that the matters embraced in the order or other
designated facts be taken as established for purposes of the
action, as the prevailing party claims;
(ii) prohibiting the disobedient party from supporting or
opposing designated claims or defenses, or from introducing
designated matters in evidence;
(iii) striking pleadings in whole or in part;
(iv) staying further proceedings until the order is obeyed;
(v) dismissing the action or proceeding in whole or in part;
(vi) rendering a default judgment against the disobedient
(vii) treating as contempt of court the failure to obey any
order except an order to submit to a physical or ...