Ark. Judge Schedules Trial, Pre-Trial Deadlines in Dispute Over 'Fracking' Sand

LITTLE ROCK, Ark. - A federal judge has denied plaintiffs leave to add another defendant in their dispute over a failed partnership to mine sand for use in shale gas drilling, saying it would prejudice the defense in preparing for a February trial. Hardy, et al. v. Bartmess, et al., No. 1:09-cv-41-DPM (E.D. Ark.).

Judge D.P. Marshall Jr. of the U.S. District Court for the Eastern District of Arkansas also ruled that tort claims alleging wrongdoing by the defendant partners were not waived in subsequent agreements between the parties and survive a motion for summary disposition.

Those Sept. 26 rulings …