Spire STL Pipeline LLC v. Turman et al

3:24-cv-00797Ilsd11 déc. 2025

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SPIRE STL PIPELINE LLC,
Plaintiff,
v.
GERALD SCOTT TURMAN, et al.,
Defendants.
Case No. 24-CV-00797-SPM
MEMORANDUM AND ORDER
McGLYNN, District Judge:
Pending before the Court is a Motion to Dismiss Counts I and III pursuant to
Federal Rule of Civil Procedure 71.1(i)(1)(C) filed by Plaintiff Spire STL Pipeline LLC.
(Doc. 50). Spire filed its initial Complaint on March 18, 2024 seeking condemnation
of temporary pipeline easements against six named Defendants and certain real
property located in Jersey County, Illinois. (Doc. 1). Service of process was executed
against all six Defendants, but none have entered an appearance in this case to date.
Spire dismissed Counts I and VI against two of the Defendants pursuant to Federal
Rule of Civil Procedure 71.1(i)(1)(A) on June 13, 2024. (Docs. 41, 42). This Court
entered an order confirming condemnation on June 28, 2024 (Doc. 44) via the
rationale set forth by United States District Judge Colleen Lawless in Spire STL
Pipeline, LLC v. Betty Ann Jefferson Trust, No. 24-cv-3069 (C.D. Ill, June 5, 2024)
and granted Spire’s motion for preliminary injunction with respect to Counts I–IV on
July 1, 2024 (Doc. 45).
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In a Status Report filed on December 5, 2025, Spire informed the Court that it
had reached a settlement with Defendants Gerald Scott Turman (Count I) and Danny
and Dorris Malone (Count III) in which the Defendants received full compensation
from Spire. (Docs. 48, 50). Due to the settlement, Spire requests for Counts I and III
to be dismissed and wishes to withdraw $10,548.00 of its deposited cash bond that is
attributable to Counts I and III.1 (See Doc. 50).
This Court has determined that good cause has been established and therefore,
Plaintiff Spire STL Pipeline LLC’s Motion to Dismiss Counts I and III pursuant to
Federal Rule of Civil Procedure 71.1(i)(1)(C) is GRANTED. Accordingly, Counts I and III
of Spire’s Complaint are DISMISSED with prejudice. The Clerk of Court is
DIRECTED to disburse $10,548.00 of the funds deposited with the Registry of the
Court to Spire STL Pipeline LLC. Spire shall email an executed Form W-9 to the
Court 	no 	later 	than 	December 	17, 	2025 	at 	the 	following 	email 	address:
SPMpd@ilsd.uscourts.gov.
IT IS SO ORDERED.
DATED: December 11, 2025
s/ Stephen P. McGlynn
STEPHEN P. McGLYNN
U.S. District Judge
1 Spire reports that $6,588.00 of the bond is attributable to Count I and $3,960.00 is attributable to
Count III. (Doc. 50, p. 2).
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