The court further held it had the duty to determine the law applicable to the case. Notably, "post-production costs must be examined on an individual basis to determine if they are within the class of costs shared by a royalty interest." On Monday, BP agreed to restructure a $5.6 billion sale of Alaska oil properties to Hilcorp Energy. Section 2023(B)(2) provides a class may be certified if: 24 Initially, the Court notes that an accounting is an equitable remedy; it is not final injunctive or corresponding declaratory relief. It's a good read. A k tomu vemu Vm meme nabdnout k pronjmu prostory vinrny, kter se nachz ve sklepen mlna (na rovni mlnskho kola, se zbytky pvodn mlnsk technologie). The crossroads of energy information for mineral owners in Oklahoma and Texas. While an "accounting," in a broad sense, could impact the entire class as a whole, in reality, each Class Member is entitled to a different, highly individualized accounting with respect to their claims, i.e., whether Continental made improper deductions, made insufficient reporting on a Class Member's check stub, failed to receive the best price, or failed to pay royalties on all oil and/or gas, and if so, the extent to which a Class Member is entitled to relief. Subscribe to our FREE weekly newsletter and stay current on the latest in oil and gas news on the most active areas, including the Scoop and Stack Plays. FISCHER, P.J., concurs and RAPP, J., concurs specially. Well, he's not. 5 In support of its motion, Plaintiffs contended 570.12 of the Production Revenue Standards Act (PRSA), 52 O.S.2011, 570.1 et seq., provided a uniform reporting standard that Continental was mandated to comply with, including accurately informing a royalty owner of the facts on which their royalty was based. Anyway, you can read more about the lawsuit and all the fun stuff over at I would post a response from one of the scores of people that were sued, but no one has filed one yet. Continental Resources, for its part, is said tohave stopped drilling operationsand shut in most of its wells in North Dakota in light of the dire market conditions in the U.S. shale patch. at 361-62. You can also receive an offer to lease or buy your minerals. Mich. Dec. 12, 2014); Houser v. Pritzker, 28 F. Supp.3d 222, 253 (S.D.N.Y. Plaintiffs' amended petition alleges eleven counts, of which ten seek monetary damages. My client is innocent.. 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. 1998). A small privately held oil and gas company from Tulsa, Oklahoma, is suing Continental Resources over a deal from which Continental withdrew after oil prices }. If you get any creepy DMs from Carol Hefner this week talking about her son's innocence, I guess we know why! See also 52 O.S.2011, 581.1 and McCall v. Chesapeake Energy Corp., 2007 OK CIV APP 59, 164 P.3d 1120. v. W.R. Grace & Co., 6 F.3d 177, 189 (4th Cir. Its lawsuit describes what happened as being reminiscent of Watergate, adding, this was not an overly eager mid-level employee at Continental trying to showcase his or her skills and loyalty; rather, this illegal theft operation to gather information on Blaine Dyer involves a full-blown conspiracy and collusion between upper-echelon executives of Continental, the personal financial adviser of oil tycoon Harold Hamm, as well as a prominent Oklahoma City Realtor. Co., 2007 OK 80, 1 fn.3, 184 P.3d 463, 467 fn. 3 (citations omitted). Seznam rozhleden v okol luknovskho vbku v esk republice a v Nmecku. Any trading and execution of orders mentioned on this website is carried out by and through OPCMarkets. 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). Case Information Case Number: 6:22-CV-00208 Case Status: Pending Filing Date: 07/19/2022 Jurisdiction: U.s. District Court 3 Plaintiff subsequently amended the class to start July 1, 1993. 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.". 19 Based on our review of the record and applicable law, there has been no legal determination that a violation of the provisions of the PRSA has occurred such that specific performance would be equitable, i.e., there is a factual dispute such that liability has not been established rendering an accounting equitable at this time. According to the plaintiffs, Casillas Petroleum, Continental Resources backed out of a deal to buy oil and gas properties from Casillas. For example, Issue III-A requests the trial court define a "marketable product in relation to the sale or disposition of natural gas. According to Mittelstaedt v. Santa Fe Minerals, Inc., 1998 OK 7, 8, 954 P.2d 1203, 1205, the trial court must "fix the rights and duties of the parties according to the language of the leases and the implied covenants that go with them.". According to federal court documents, Biggstestified in a plea petition thathe had worked for Continental Resources as a landman from March 2011 throughMarch 2020. 2003); Stoffels v. SBC Commc'ns, Inc., 238 F.R.D. Sales Practices Litig., 292 F.R.D. The crossroads of energy information for mineral owners in Oklahoma and Texas. The matter is therefore remanded for further proceedings consistent with this opinion. 's, Inc. v. Windsor, 521 U.S. 591, 614 (1997). Federal prosecutors indicted Blaine Dyer, Oklahoma County District Court records show Continental Resources originally included Biggs as a defendant in its civil suit. 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. Spaulding gave them the following comment: Yep, the allegations are false and Hefner looks forward to the opportunity to address his claims. See Mejdrech v. Met-Coil Sys., 319 F.3d 910, 911-912 (7th Cir. Oil prices went into a tailspin after Saudi Arabiapromised to flood the market with oil, which it did for most of March and April, before promising to curtail supply as part of thenew OPEC+ agreementto prevent further price slides. Section 2023(B)(1)(b). 27, 41 (D.D.C. U.S. crude futures prices have tumbled, with coronavirus-related lockdowns and travel restrictions souring demand as OPEC and other producers waged a price war, sending oil to $13 a barrel this month from $61 at the start of the year. Today's non-award-winning Lost Ogle conduct is presented by HOOT Industries The Smartest Fun in Town! The lawsuit was filed against Wolla Oilfield Services and its owner Jason Wolla in March of 2020. Lawsuit against Continental Resources detailed The suit claims a Continental Resources representative gained access to its offices leased space Price per barrel or MCF, including British Thermal Unit adjustment of gas sold; The deal was set to close roughly three weeks later, according to a lawsuit filed in Tulsa County District Court in Oklahoma. Nejsevernj msto ech luknov s nov rekonstruovanm zmkem. However, the identified issues request the court issue multiple advisory opinions setting forth the legal framework for subsequent determinations of liability and potential damages. 9. Continental Resources is a ruthless company, and we can't just take their word for granted. Get free summaries of new Oklahoma Court of Civil Appeals opinions delivered to your inbox! Continental Resources quietly filed a lawsuit. However, software errors at BLM apparently slowed progress of approvals for its applications. Nejsevernj msto esk republiky le u vesnice s pilhavm nzvem Severn. 12 O.S.2011 and Supp. The lawsuit, which also targets a third-party real estate agent who gave the Continental Resources representative access to the building, was filed on May 26. Rather, Plaintiffs assert the trial court should first resolve what the applicable law is relating to these "core" legal issues thereby "assisting in the advancement and resolution of this action." 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. Prosecutors claim Coatney made at least $12,000 for the part he played in the scheme to defraud Continental Resources. Total barrels or MCF attributed to such payment; The case is Casillas Petroleum Resource Partners v Continental Resources, Tulsa County Oklahoma district court, No. Continental on Thursday declined to make any additional statements about particulars pertaining to the case. 1784.1 (3d ed.). The suit was filed under the Oklahoma Consumer Protection Act after Continental learned from a whistleblower in Wollas accounting department notified Continental about systematic overbilling in connection with the arrangement made between the two firms. Basically, Continental Resources is alleging that Spaulding and a cohort named Justin Woody conspired with a Continental employee named Matt Powe to acquire land and mineral rights in areas where the company secretly planned to do business. The suit alleged Continental Resources improperly deducted post-production costs form royalties paid to plaintiffs and other royalty interest owners from crude oil and natural gas wells in the state. The trial court certified the case under 2023(B)(2) & (B)(3). Courts have also used issue certification to certify only certain issues found common to the class. 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. 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. Continental Resources Inc. filed a civil lawsuit accusing a title lawyer and a former employee of improperly using the company's confidential drilling information to acquire mineral blocks Continental intended to pursue and resell them to Continental at higher prices. Who knows? Dinosau park Saurierpark Kleinwelka se nachz blzko msta Budyn. Lawyer agrees to loss amount of $3.5 million. 1 Continental Resources, Inc. (Continental), appeals a June 11, 2015, order granting Billy J. Strack, Trustee of the Patricia Ann Strack Revocable Trust DTD 2/15/99 and the Billy Joe Strack Revocable Trust DTD 2/15/99, and Daniela A. Renner's, Sole Successor Trustee of the Paul Ariola Living Trust and the Hazel Ariola Living Trust (collectively "Plaintiffs"), amended motion for class action certification. Kerry W. Caywood, Angela C. Jones, PARK, NELSON, CAYWOOD, JONES, LLP, for Plaintiffs/Appellees See Homesales, 2014 OK 88, at 12, 339 P.3d at 884 (damage claims must be brought pursuant to 2023(B)(3)). Chieftain Royalty Co. v. XTO Energy, Inc., 528 Fed.Appx. WebThe trial court found Plaintiffs' accounting claim was an independent and severable statutory claim that could be considered by the court for injunctive or mandamus relief as a 2023 var write_html = `