United States District Court, N.D. West Virginia, Wheeling
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND
DENYING IN PART MOTION TO TRANSFER VENUE AND MOTION TO
CONSOLIDATE AND SEVERING CLAIMS
Preston Baily, Judge
before this Court in Civil Action No. 5:19-CV-205 is the
Motion to Transfer Venue Or, in the Alternative, to Dismiss
Defendants, American Petroleum Partners Operating, LLC, App
Midstream, LLC and Rosemary M. Brown [Doc. 28]. Pending in
both of the above cases is a Motion to Consolidate filed by
Keith Nicholson Services, LLC (“Nicholson”) [Doc.
33 in 5:19-CV-205; Doc. 4 in 5:19-CV-251]. Both Motions have
been fully briefed and are ripe for decision.
25, 2019, Nicholson filed a Complaint in this Court against
defendants and Chevron U.S.A., Inc. (“Chevron”),
Chesapeake Appalachia, L.L.C. (“Chesapeake”),
Company Wrench, LTD. (“Company Wrench”), Atlantic
Construction Fabrics, Inc., Alpha Integrity Management, LLC,
Leslie B. Schaber and Lori D. Schaber. [Doc. 1, 5:19-CV-205].
To date, Chesapeake, Chevron, and Company Wrench have been
dismissed pursuant to Stipulations of Dismissal filed July
18, 2019, July 25, 2019, and August 06, 2019, respectively.
[Docs. 20, 23 & 27, 5:19-CV-205].
above-referenced Complaint asserts five causes of action:
Count I: Breach of Contract;
Count II: Account Stated and Open Account;
Count III: Unjust Enrichment and Quantum Meruit;
Count IV: Fraud and/or Promissory Estoppel;
Count V: Foreclosure of Mechanic’s Lien.
Counts I – IV are directed solely at APP Petroleum
Partners Operating, LLC (“APP Operating”), while
Count V charges all the defendants. All of the defendants
other than APP Operating appear to have only been added for
the purpose of foreclosing two mechanic’s liens that
Nicholson filed in the Circuit Court of Marshall County, West
Nicholson’s claims arise from a Master Services
Contract dated July 13, 2018 (“MSC”), wherein the
Nicholson and Defendant APP Operating s et for t h ter ms
under which Nicholson would perform certain construction
services on an oil and gas drilling pad (“Casterly Rock
Well Pad”) for APP Operating. It is undisputed that
Nicholson and APP Operating entered into an express written
contract, the MSC, to govern the rights and obligations of
the parties related to construction on the Casterly Rock Well
alleges that pursuant to the MSC and at APP Operating’s
request, it bid for certain labor, services and materials in
connection with the Casterly Rock Well Pad construction
project and that its bid was ultimately accepted by APP
Operating. Nicholson further alleges that upon acceptance of
the bid, it promptly began providing the services
contemplated by the MSC and the bid. Then, APP Operating
allegedly failed to pay invoices due Plaintiff related to the
Casterly Rock Well Pad construction project in breach of the
the MSC contains certain express provisions that dictate
where and how contractual disputes must be resolved.