("[T]he declaration should be equivalent to an injunction.") 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 suit alleged that Dyer, who had been retained to provide title opinions, disclosed the proprietary information to entities owned by his friends and family members, who then purchased or leased the minerals. 37 We find the requisites for a class action have not been met and reverse the trial court's June 11, 2015, order certifying a hybrid, issue class action. 11. 1993); In re Motor Fuel Temp. Mittelstaedt, 1998 OK 7, at 2, 19-20, 954 P.2d at 23 (emphasis added). BBB File Opened: 6/4/2008. Total barrels or MCF attributed to such payment; Finally, Plaintiffs requested the trial court issue broad, class-wide injunctive, mandamus or declaratory relief, requiring Continental to provide each putative class member a well-by-well, month-by-month statutory accounting. Thus, "[]certification is improper [because] the merits of the claim turn on the defendant's individual dealings with each plaintiff." I stopped by Blaine's Facebook page to take a look and, well, he probably has more in common with Harold Hamm than he'd like to admit. Get the Weekly Newsletter Thousands of Mineral Rights Owners and Investors Rely On. of Educ. 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. 12 A review of the record on appeal provides the trial court granted what it termed a hybrid, issue class certification as to an accounting claim as a 2023(B)(1) and (B)(2) class pursuant to 2023(C)(6)(a) as well as declaratory relief in the form of 48 legal and equitable issues. Notably, Plaintiffs have alleged millions of dollars in underpayment of oil and gas royalties. 22 We further find 2023(B)(1)(b) to be inapplicable. 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. 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." Nothing contained on the Web site shall be considered a recommendation, solicitation, or offer to buy or sell a security to any person in any jurisdiction. document.write(write_html); 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. As stated by the U.S. Supreme Court in Duke, Rule 23(b)(2) only applies "when a single injunction or declaratory judgment would provide relief to each member of the class [not] when each class member would be entitled to an individualized award of monetary damages." Continental's original lawsuit mentioned50 pending applications for drilling, but 13 of those cleared needed approvals shortly after the lawsuit was filed and were dropped from the company's pleading. 21 In their brief in support of their amended motion for class certification, Plaintiffs asserted that class certification was appropriate under 2023(B)(1)(a) because "[i]ssues with regard to the interpretation of the PRSA would certainly fall within an 'incompatible standards' certification." 35 The declaratory relief sought by Plaintiffs is not dispositive of any claim of relief. The civil suit filed by Continental Resources against Dyer and numerous other defendants was highlighted by a story published last week in The Oklahoman after the oil and gas company visited a property Dyer had listed for sale, prompting one of Dyers tenants to file a lawsuit against Continental in May. 9. 473 S State St # 405, Provo, UT 84606-7102. Continental on Thursday declined to make any additional statements about particulars pertaining to the case. Continental Resources did not respond to a request for comment. I concur and write specially to add that this Opinion does not foreclose consideration of forming a class utilizing the provisions of 12 O.S. Certification of Hybrid Class Actions, 7AA Fed. Strikes Back At EU Criticism Of The Inflation Reduction Act, China Secures Two Long-Term LNG Deals With U.S. Producer, Oil Gains Over 2% As Gasoline Stocks Show Second Weekly Decline, Oil, Gas Industry Sees Lobby Spending Dip In 2022, Russia Says Europe Will Struggle To Replace Its Oil Products, "Natural Gas Price Fundamental Daily Forecast Grinding Toward Summer Highs Despite Huge Short Interest" by James Hyerczyk & REUTERS on NatGas, 'Get A Loan,' Commerce Chief Tells Unpaid Federal Workers, Iraq Announces String Of Deals To Boost Oil And Gas Output, Chinas Gold Reserves May Be Double What Official Reports Suggest, Oil Prices Jump 21% But Analysts Warn More Carnage Still To Come. Mich. Dec. 12, 2014); Houser v. Pritzker, 28 F. Supp.3d 222, 253 (S.D.N.Y. 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. 6 52 O.S.2011, 570.12 provides: It then terminated the agreement on March 24. 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, 14 Issue certification has been employed by federal courts in varying ways. Sign up for our free summaries and get the latest delivered directly to you. 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. A. at 26-28, 1037-39 (citations omitted). "9 Other questions address public policy: Issue III-F provides: "As a matter of public policy, expressed by legislative enactment effective May 8, 2012, do pooling orders entered by the Oklahoma Corporation Commission on or after May 8, 2012, contain an implied covenant to market?". 3 Plaintiffs filed a petition as a putative class against Continental on November 4, 2010. if(window.innerWidth <= 1023){ 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. 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. It also suspended its quarterly dividend until further notice as part of its proactive strategy to manage cash flow in a challenging commodity price environment., Oil Storage Crisis Deepens As API Reports Very Large Crude Inventory Build, Another Big Shale Driller Stops Operations In The Bakken, Goldman Sachs Warns Of An Imminent Oil Supply Shortage, Court Seizes Malaysia Oil Firm Assets Amid $15 Billion Dispute, Saudi Arabias Oil Company Slips To Worlds 3rd Largest Company, Why Russia Finally Decided To Cut Its Oil Production, The Fatal Flaw Of The Renewable Revolution, Biden Thinks Oil Will Be Around For A DecadeItll Be Much Longer. Oklahoma County District Court records show Continental Resources originally included Biggs as a defendant in its civil suit. 8. Have your oil & gas questions answered by industry experts. 23 advisory committee's note ("[Subdivision (b)(2)] does not extend to cases in which the appropriate final relief relates exclusively or predominantly to money damages.")). Continental Resources pulled a lawsuit it had filed against the federal government seeking actionon pending drilling permits. "BLMs illegal delay in processing these (applications) has injured and will continue to injure Continental. If you get any creepy DMs from Carol Hefner this week talking about her son's innocence, I guess we know why! 5 Oklahoma's class action scheme closely parallels Rule 23 of the Federal Rules of Civil Procedure. 2023 www.oklahoman.com. Plaintiffs requested the court first resolve the applicable law, thereby assisting in the advancement and resolution of the action. Although Goodyear initiated the policy, the individual stores purchased their own supplies, and the brand, supplier, and cost of the supplies varied from store to store. 5. Newberg on Class Action 4:38. 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. An Oklahoma lawyer accused of using ill-gotten confidential business information to defraud oil and gas company Continental Resources Inc. pleaded guilty to conspiracy to commit honest services wire fraud just days before his trial was set to begin. 652, 665 (D. Kan. 2013). 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! Once inside the building, the lawsuit claims a Continental representativeaccessed and photographed confidential records belonging to Perpetual. All quotes delayed a minimum of 15 minutes. Continental Resources Inc Filed: February 7, 2018 5:18cv117 Read Complaint Continental Resources faces a proposed collective action in which the plaintiff claims the oil company deliberately failed to pay overtime wages. 7 In Harvell, 2006 OK 24, at 26, 164 P.3d at 1038, the plaintiffs filed a class action lawsuit against Goodyear Tire and Rubber Co., seeking certification of a national class action of consumers from 37 states who had paid Goodyear a shop supply fee from 1998. 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. 18 In considering a motion to certify a class, the trial court is not to resolve the merits of the claims or defenses asserted. 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. Napklad ndhern prosted v Nrodnm parku esk vcarsko. 2006); Lemon v. Int'l Union of Op. A local oil and gas company is suing several parties, including Continental Resources, over interactions and activities they say are 'reminiscent of Watergate.' A local oil and gas company is suing several parties, including Continental Resources, over interactions and activities they say are 'reminiscent of Watergate.' Those who live outside of Utah (Reuters) - Casillas Petroleum Resource Partners sued Continental Resources Inc, alleging the Oklahoma shale producer last month backed out of a $200 The lawsuit is similar to the one Continental filed against Blaine Dyer and his Merry Men back in April of 2020, which Spaulding is connected to as well. Continental filed against Blaine Dyer and his Merry Men. The crossroads of energy information for mineral owners in Oklahoma and Texas. Defendant (s) Continental Resources Inc Law (s) Fair Labor Standards Act State (s) Oklahoma New to 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? 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. Kglerova naun stezka je nejstar prodovdnou naunou stezkou v echch. Webwho worked for Continental at any time since February 7, 2015 and have been subjected to the same illegal pay system under which Plaintiff Kaspereit worked and was paid. 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. The Rapid City Journal reported the Oklahoma City energy firm paid Jerry Janvrin $278,320. See 7A C. Wright, A. Miller, & R. Kane, Federal Practice & Procedure 1790, at 590 (2005); Cent. The deal was set to close roughly three weeks later, according to a lawsuit filed in Tulsa County District Court in Oklahoma. Continental disputes Plaintiffs' assertions. 2012). 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) (citing Wood v. TXO Prod. Co., 2007 OK 80, 1 fn.3, 184 P.3d 463, 467 fn. 2003); Allison v. Citgo Pet. 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. 4 A hybrid class action and issue certification are discussed infra, pages 10-11. In addition, there is no categorical rule with respect to when post-production costs may be considered for royalty valuation. The Trusts are mineral owners in Blaine County, Oklahoma, whose minerals were subject to oil and gas leases with Continental. Founder Harold Hamm, an early supporter of U.S. President Donald Trump, has urged Washington to impose tariffs on foreign oil imports and pushed for federal support of the oil industry. Get free summaries of new Oklahoma Court of Civil Appeals opinions delivered to your inbox! 6 Continental responded, objecting to Plaintiffs' request, noting no Oklahoma court had ever certified a hybrid, or issue class. 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. 3. The materials provided on this Web site are for informational and educational purposes only and are not intended to provide tax, legal, or investment advice. Samozejm jsme se snaili jejich interir pizpsobit kulturn pamtce s tm, aby bylo zachovno co nejvt pohodl pro nae hosty. Back on April 20th, when you were hopefully stoned out of your mind, Continental Resources quietly filed a lawsuit against one of their former attorneys Blaine Dyer; a former landman for the company Justin Biggs; and about 48 other people, LLCs, local musicians, etc., from Oklahoma and Texas alleging they all worked together to cheat the company out of $5 million via what one Ogle Mole called one of "the oldest / dirtiest tricks in the oil and gas or title attorney book.". See Brown v. City of Detroit, 2014 WL 7074259, at *3 (E.D. 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). 9 Plaintiffs identified three categories of legal and equitable questions: You're all set! 630, 643 (N.D. Okla. 2000). The lawsuit is similar to the one Continental filed against Blaine Dyer and his Merry Men back in April of 2020, which Spaulding is connected to as well. According to the lawsuit filed by Casillas Petroleum, Continental first proposed a delay in the closing date of the deal. Accordingly, it is clear the crux of Plaintiffs' class action, including the accounting claim, is compensation for the underpayment of oil and gas royalties, which properly falls under 2023(B)(3). if(window.innerWidth<=1023){var write_html='