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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA JOHN W. MILLER and MARY MILLER Plaintiffs, v. CHESAPEAKE APPALACHIA, LLC, and CHESAPEAKE ENERGY CORP., Defendants. MEMORANDUM OPINION AND ORDER DENYING PLAINTIFFS' MOTION TO REMAND I. Background Civil Action No. 5:11CV117 (STAMP)

The above-styled civil action was filed in the Circuit Court of Marshall County, West Virginia. The complaint seeks a

declaratory judgment terminating an oil and gas lease originally executed between Lonnie Wayne Francis and Hilda G. Francis and Great Lakes Energy Partners, LLC, the interests in which were later acquired by the plaintiffs and the defendants to this action. The

termination is sought based upon allegations that the defendants failed to pay delay rentals and failed to cure. The plaintiffs

also seek to have the defendants ejected and seek a release of the oil and gas lease to correct alleged slander of title to the plaintiffs' mineral rights. The defendants removed this case to this Court on the basis of diversity jurisdiction, claiming that the parties are citizens of different states and that the amount in controversy exceeds

$75,000.00, exclusive of interest and costs.

The plaintiffs then

filed the instant motion to remand, which claims that diversity

jurisdiction is lacking because the defendants have failed to demonstrate that the amount in controversy exceeds the

jurisdictional amount of $75,000.00.

The parties have fully

briefed this motion, and it is now ripe for the consideration of this Court. For the reasons that follow, this Court must deny the

plaintiffs' motion to remand. II. Applicable Law

A defendant may remove a case from state court to federal court in instances where the federal court is able to exercise original jurisdiction over the matter. 28 U.S.C.

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West Virginia Law