Pledges Additional $2 Billion In Security Assistance To Ukraine, Three Fires At Pemex Facilities In One Day, Native Americans Urge Biden To Halt Offshore Wind Permitting, High Energy Prices Force Worlds Largest Chemicals Company To Cut Jobs, U.S. BILLY J. STRACK, Trustee of the Patricia Strack Revocable Trust DTD 2/15/99 and Billy Joe Strack Revocable Trust DTD 2/15/99, and DANIELA A. RENNER, Sole Successor Trustee of the Paul Ariola Living Trust and the Hazel Ariola Living Trust, for themselves and all others similarly situated, Plaintiffs/Appellees, Thus, certification was improper. Lease or well identification; Inc., 196 F.R.D. My client is innocent.. Back on April 20th, when you were hopefully stoned out of your Click below and ask a question to one of our oil & gas industry experts. Continental had requested dozens of permits for wells it wanted to drill on federal lands that are part of North Dakota's Bakken formation in 2020, expecting those to be approved by BLM before Jan. 20 this year, which is when President Donald Trump's term in officeended. The mineral interests were included in governmentally-sanctioned drilling and spacing units. of Educ. 289, 316 (2003)). Based on our review of the record and applicable law, we reverse. 2. See 7A C. Wright, A. Miller, & R. Kane, Federal Practice & Procedure 1790, at 590 (2005); Cent. v. W.R. Grace & Co., 6 F.3d 177, 189 (4th Cir. Ball v. Wilshire Ins. The proposed class contained over 14,000 royalty owners in more than 1,100 wells in 35 counties in the state of Oklahoma for over 22 years.2, 3 Continental filed a motion to dismiss or to strike class allegations on October 11, 2013, which was ultimately denied. On March 19, it disclosed a 55% reduction in 2020 spending and three weeks later suspended its dividend and reduced output by 30% for April and May. 2013, 2023(C)(6) (i.e., Issue Certification). For example, Issue III-A requests the trial court define a "marketable product in relation to the sale or disposition of natural gas. Id. Today's non-award-winning Lost Ogle conduct is presented by HOOT Industries The Smartest Fun in Town! If such offending conduct occurs in more than one state then a court must determine where the conduct primarily and substantially occurs., https://law.justia.com/cases/oklahoma/supreme-court/2022/120039.html?utm_source=summary-newsletters&utm_medium=email&utm_campaign=2022-05-04-oklahoma-supreme-court-dd3dfb992e&utm_content=text-case-read-more-1, Whats this fuss about Right of First Refusal? Finally, Continental contended Plaintiffs were seeking a constitutional end-run around recent developments in class action law, noting royalty owners' rights turned on the specific language in their leases and the unique facts applicable to their specific oil and gas wells. 2013, 2023, which provides, in relevant part: 11 A party seeking certification of a class action has the burden of satisfying all four requirements of subsection A. Harvell, 2006 OK 24, at 8, 164 P.3d at 1032. 33 Based on the foregoing reasons, the Court finds the trial court erred in granting certification of the accounting claim as a 2023(B)(1) and (B)(2) class pursuant to 2023(C)(6)(a). U.S. District Judge Section 570.14 provides: 17 Plaintiffs contend they are entitled to specific performance of an accounting because Continental has admitted violating 570.12: 1) by reporting the BTU adjustment on all wells for all owners at a fictional "1000" rather than the actual BTU adjustment for periods prior to July 1, 2010; and 2) by failing to report wellhead volumes on check stubs. 13 Briefly, a hybrid, or divided, class action is a term used by federal courts to describe an approach to certifying a class action containing both injunctive and monetary claims. See also (Fed.R.Civ.P. Prosecutors claim Coatney made at least $12,000 for the part he played in the scheme to defraud Continental Resources. Objednnm ubytovn ve Starm mlnu v Roanech udluje klient souhlas se zpracovnm osobnch daj poskytnutch za elem ubytovn dle "Prohlen" uveejnnho zde, v souladu s NAZENM EVROPSKHO PARLAMENTU A RADY (EU) 2016/679 ze dne 27. dubna 2016, lnek 6 (1) a). Prac. Continental Resources did not respond to a request for comment. (Reuters) - Casillas Petroleum Resource Partners sued Continental Resources Inc, alleging the Oklahoma shale producer last month backed out of a $200 million oil and gas deal as prices crashed. Basically, 9 Plaintiffs identified three categories of legal and equitable questions: You're all set! 7 After significant additional briefing by the parties, the trial court granted Plaintiffs' amended motion for class certification by order entered on June 11, 2015. Certification of Hybrid Class Actions, 7AA Fed. Start Trading CFDs Over 2,200 Different Instruments, European Natural Gas Prices Post Longest Monthly Losing Streak Since 2020. 2003); Stoffels v. SBC Commc'ns, Inc., 238 F.R.D. The Evangelical school board member has yet to attend a board meeting. Continental Resources, through attorney Nicholas Merkley at Gable Gotwals, wrote White in response to let him know the building indeed had been toured by a representative of the oil and gas company. 15 The trial court granted certification of an accounting claim as a 2023(B)(1) and (B)(2) class pursuant to 2023(C)(6)(a). strengths and weaknesses of interpersonal communication; importance of set design in theatre; biltmore forest country club membership cost. T: +420 412 387 028info@mlynrozany.cz rezervace@mlynrozany.cz, I: 68284594GPS: 511'45.45"N, 1427'1.07"E, 2022 - Restaurant Star mln | Vechna prva vyhrazena | Designed by G73 and powered by kremous.com. If the defendant is found liable, courts adopting this approach then decide whether to certify a (b)(3) class for money damages purposes and/or an additional (b)(2) class for final injunctive relief." I would post a response from one of the scores of people that were sued, but no one has filed one yet. The court's order provides: 16 Section 570.12 of the PRSA requires certain information be included for each property and month of sale with the payment from the sale of oil or gas.6 Howell v. Texaco Inc., 2004 OK 92, 31, 112 P.3d 1154, 1161, stated "[t]he PRSA provisions give the royalty owners a right to be accurately informed of the facts and place a legal duty on the respondents to accurately inform the plaintiffs of the facts on which the royalty payments are based." 27 Finally, the requested final injunctive relief or corresponding declaratory relief is appropriate only if it will settle "the legality of the behavior with respect to the class as a whole." Homesales, Inc., 2014 OK 88, at 13, 339 P.3d at 884. Mittelstaedt, 1998 OK 7, at 2, 19-20, 954 P.2d at 23 (emphasis added). Well, he's not. On March 6, the day a supply pact by OPEC and allies collapsed, Continental agreed to buy oil and gas properties from Tulsa, Oklahoma-based Casillas. The determination of what was actually required to be paid versus what Continental ultimately paid will be different for each Class Member depending on particular lease language. 29 Additionally, the record provides there are more than 1,100 class wells located in over 35 counties in Oklahoma and that Continental sold production under more than 190 different gas purchase contracts over a period going back to 1993. Joe White, part of a team of attorneys representing Dyer in his civil suit against Continental Resources, said Monday I cannot speak to why Justin Biggs said what he said at his plea. 2 The record alternatively provides over 17,000 royalty owners. On Thursday, a spokesperson for the Oklahoma City-based operator confirmed it had withdrawn a case it filed last month involving the pending permits requested of theBureau of Land Management, part of the U.S. Department of Interior. Month and year of sales included in the payment; Click below and ask a question to one of our oil & gas industry experts. We'll keep you advised. An Oklahoma City federal judge has ruled in favor of Continental Resources in a lawsuit in which it accused a North Dakota oilfield firm over fraudulently overbilling the Oklahoma company more than $2 million. Plaintiffs asserted the 48 issues would assist the court in determining: 1) whether further declaratory or injunctive relief would be appropriate for 2023(B)(1) or (B)(2) class certification; 2) which remaining issues or claims, including damages, should be certified for a 2023(B)(3) class; and 3) if there were any claims or issues that might require individualized treatment by the court. There is no indication in the record that adjudicating the separate claims of individual royalty owners would substantially impair or impede the ability of other royalty owners to protect their interest. Additional individualized and fact-intensive reviews of Plaintiffs' remaining claims would likewise be required. 34 With respect to the requested declaratory relief, the Court finds the 48 "legal-based interpretations and equitable issues" merely request the court to define or even opine on the meaning, nature, or intent of statutes or common law, without addressing Continental, a Class Member, or Continental's behavior to a specific Class Member. According to federal court documents, Biggstestified in a plea petition thathe had worked for Continental Resources as a landman from March 2011 throughMarch 2020. /marketintelligence/en/news-insights/latest-news-headlines/continental-resources-sues-attorney-former-employee-on-fraud-claims-58927012 2012). I've stolen from plenty of my former employers over the years, especially when I was poor and waited tables at Applebee's, but if true, that's quite a bold scheme. It's a good read. Section 2023(B)(1)(b). Masquat v. DaimlerChrysler Corp., 2008 OK 67, 10, 195 P.3d 48, 52- -53 (citing Harvell, 2006 OK 24, at 11, 164 P.3d at 1032). Harvell, 2006 OK 24, at 27, 164 P.3d at 1038. Hallaba v. Worldcom Network Servs. Years in Business: 16. Business Started: 12/26/2006. Continental's lawyers, who I assume are big TLO fans, even cited the following tweet in an effort to expose something that we like to call in these parts the "Hefner Hypocrisy.". Heres how the newspaper reported the story: Continental Resources is a ruthless company, and we can't just take their word for granted. Who knows? Maybe Blaine Dyer is innocent of all charges, or better yet, is some Robin Hood of the oil and gas world, stealing from the rich and giving back to the poor a kind, compassionate, selfless man who only wants to help those in need! Continental disputes Plaintiffs' assertions. at 19, at 1208 (emphasis added); Howell, 2004 OK 92, at 20, 112 P.3d at 1160 ("the courts must carefully scrutinize the figures to determine the correct amount."). Anyway, you can read more about the lawsuit and all the fun stuff over at OSCN.net. Defendant (s) Continental Resources Inc Law (s) Fair Labor Standards Act State (s) Oklahoma New to if(window.innerWidth <= 1023){ Tex. The June 11, 2015, order is therefore reversed and the matter is remanded to the trial court for further proceedings consistent with this opinion. APPEAL FROM THE DISTRICT COURT OF 23 Finally, Plaintiffs are unable to establish that certification of the accounting claim was proper under 2023(B)(2). On November 22, 2022 we declared independence. I'm not a trust fund kid with a legacy last name, but something tells me Continental's lawyers feel the same way, especially since they have text message transcripts between Spaulding and his alleged coconspirators that give some credence to their claims: You can view the entire lawsuit over at OSCN. The issues will not resolve the inherently individualized fact specific issues regarding whether Continental failed to pay royalties on all hydrocarbons, engaged in a barrel-back scheme, failed to disclose to royalty owners deductions for gathering, compression, dehydration, compressor fuel, where such charges were embedded within the price which Continental received from a purchase of the gas, inter alia. Oklahoma County District Court records show Continental Resources originally included Biggs as a defendant in its civil suit. However, its filings estimate it lost more than $5 million, over time. Oklahoma County District Court records show Continental Resources originally included Biggs as a defendant in its civil suit. However, it dismissed him as a defendant in that case on Dec. 9, 2020. Get the Weekly Newsletter Thousands of Mineral Rights Owners and Investors Rely On. 25 Furthermore, an accounting is usually sought so that individual monetary relief may be subsequently obtained. Continental contended a 2023(B)(2) class was inappropriate because Plaintiffs were seeking primarily monetary damages, citing Harvell v. Goodyear Tire and Rubber Co., 2006 OK 24, 164 P.3d 1028. A hybrid class action commonly occurs when plaintiffs seek both injunctive and/or declaratory relief and monetary damages through certification under both a Rule 23(b)(2) and a (b)(3) class. 2013, 2023(C)(2); Marshall Cty., OK. v. Homesales, Inc., 2014 OK 88, 6, 339 3.Pd 787, 882. Get free summaries of new Oklahoma Court of Civil Appeals opinions delivered to your inbox! In addressing 2023(B)(2), the Court found Rule 23(b)(2) to be illustrative, stating: Id. Continental Resources claims Dyer and his colleagues used Continental Resources information to acquire large blocks of mineral rights it expected the company would seek to buy before drilling those lands, then sold those to Continental at much higher values than what they had paid. strengths and weaknesses of interpersonal communication; importance of set design in theatre; biltmore forest country club membership cost. Plaintiffs filed an amended petition on November 5, 2014, adding a claim for declaratory, injunctive and/or mandamus relief, requesting Continental account for the production and proceeds attributable to the wells and to accurately inform the class of the facts on which their royalties were based. 2013, 2023 "shall be subject to a de novo standard of review by an appellate court reviewing the order." ("[T]he declaration should be equivalent to an injunction.") Any trading and execution of orders mentioned on this website is carried out by and through OPCMarkets. Total amount attributed to such payment of severance and other production taxes, with the exception of windfall profit tax; Pursuant to Mittelstaedt, these wells located in various places, with different gas qualities and production conditions, differences in the custom and usage in the industry, as well as the various marketing arrangements under which the gas was sold, necessitates an individual inquiry of the facts of each gas sale. Could Gravity Batteries Win The Energy Storage War? Supp. 5. 3 Plaintiff subsequently amended the class to start July 1, 1993. Accordingly, the trial court erred in granting certification under 2023(B)(1)(b). 1 Specifically, Plaintiffs alleged breach of contract and statutory obligations, breach of fiduciary duties, breach of duties to market, breach of duties as operator, actual fraud, deceit, constructive fraud, conversion, unjust enrichment, civil conspiracy, punitive damages, accounting, and a request for a temporary restraining order. The Oklahoma Supreme Court ruled against Continental Resources Inc. this week in a lawsuit in which the Oklahoma City-based oil and gas company alleged it had Thus, "[]certification is improper [because] the merits of the claim turn on the defendant's individual dealings with each plaintiff." The deal was set to close roughly three weeks later, according to a lawsuit filed in Tulsa County District Court in Oklahoma. Patrick is the founder, editor and publisher of The Lost Ogle. & Proc. Continental filed against Blaine Dyer and his Merry Men. 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