Additional individualized and fact-intensive reviews of Plaintiffs' remaining claims would likewise be required. 4. 2006); In re Copley Pharm., Inc., 158 F.R.D. In order to meet the standard of 2023(B)(1)(a), Plaintiffs must establish that individual adjudications could force Continental to act in legally conflicting ways. See Dukes, 564 U.S. at 359 (The key to the (b)(2) class is "the indivisible nature of the injunctive or declaratory remedy warranted- -the notion that the conduct is such that it can be enjoined or declared unlawful only as to all of the class members or as to none of them"). Thus, "[]certification is improper [because] the merits of the claim turn on the defendant's individual dealings with each plaintiff." Prac. 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. 28 For example, a review of the record provides the putative class includes 14,000 royalty owners with over 8,000 leases with a multitude of different types of royalty provisions governing royalty payments. 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. In a lawsuit it filed on April 20, 2020, Continental Resources accused Dyer and numerous co-conspirators of working with at least one of its employees to cheat the A specific listing of the amount and purpose of any other deductions from the proceeds attributed to such payment due to the owner upon request by the owner. 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. Anyway, I guess we'll continue to monitor this insufferable lawsuit that we hope both parties find a way to lose. The Oklahoma Supreme Court has found Rule 23 to be illustrative. Tex. 8 In short, the order provides the case shall proceed as a class action certified pursuant to 12 O.S.2011 and Supp. The crossroads of energy information for mineral owners in Oklahoma and Texas. New lawsuit accuses Continental Resources of criminal activity reminiscent of Watergate | KFOR.com Oklahoma City A local oil and gas company is suing several parties, including Continental Resources, over interactions and activities they say are 'reminiscent of Watergate.' Amchem Prod. 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. 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. at 26-28, 1037-39 (citations omitted). 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, 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." The lawsuit states that industry analysts have set their target price of Continental shares higher than $70, with some analysts CJ-2020-1346. Today's non-award-winning Lost Ogle conduct is presented by HOOT Industries The Smartest Fun in Town! Ven host, vtme Vs na strnkch naeho rodinnho penzionu a restaurace Star mln v Roanech u luknova, kter se nachz v nejsevernj oblasti esk republiky na hranicch s Nmeckem. 8 In Dukes, one and a half million current and former female employees asserted they were subjected to discriminatory pay and promotion policies by Wal-Mart based on their gender in violation of Title VII of the Civil Rights Act of 1964. }. The lawsuit alleges a Continental Resources representative gained access to offices for Perpetual Production LLC by fraudulently posing as a potential out-of-state buyer. 485, 488 (D. Wyo. 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. 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. 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.' Plaintiffs' amended petition alleges eleven counts, of which ten seek monetary damages. 2006); Lemon v. Int'l Union of Op. 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! 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). 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 materials provided on this Web site are for informational and educational purposes only and are not intended to provide tax, legal, or investment advice. Click below and ask a question to one of our oil & gas industry experts. Perpetual, a company that acquires minerals, royalties, non-operated working interests, and leasehold in targeted basins across the United States, filed the latest lawsuit in Oklahoma County District Court. 630, 643 (N.D. Okla. 2000). Any trading and execution of orders mentioned on this website is carried out by and through OPCMarkets. 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. & Proc. Screwing your employer and working a flawed system to your financial advantage is unethical and wrong! Mittelstaedt, 1998 OK 7, at 2, 954 P.2d at 1205 ("in some cases a royalty interest may be burdened with post-production costs, and in other cases it may not"). Nejsevernj msto ech luknov s nov rekonstruovanm zmkem. You can also receive an offer to lease or buy your minerals. Jay P. Walters, GABLEGOTWALS, Oklahoma City, Oklahoma, Graydon D. Luthey, Jr., GABLEGOTWALS, Tulsa, Oklahoma and Prosecutors claim Coatney made at least $12,000 for the part he played in the scheme to defraud Continental Resources. Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 365 ("The Rule does not speak of 'equitable' remedies generally but of injunctions and declaratory judgments"); 7AA Fed. 10 In Oklahoma, class actions are governed by 12 O.S.2011 and Supp. Thus, certification was improper. 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. The lawsuit asks for the Water Supply and Storage Company to pay for damage to the parks natural habitat and other damages. According to federal court documents, Biggstestified in a plea petition thathe had worked for Continental Resources as a landman from March 2011 throughMarch 2020. Section 2023(B)(1)(b). 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.". The Trusts are mineral owners in Blaine County, Oklahoma, whose minerals were subject to oil and gas leases with Continental. Pro nae hosty je zde ada monost nvtv. As a result, each Class Member would necessarily be entitled to a different and separate accounting. 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. 2013, 2023(B)(1) and/or (B)(2) and 2023(C)(6)(a).4 More specifically, Plaintiffs sought certification with respect to approximately 48 legal issues, namely: Plaintiffs further requested "Injunctive and/or Mandamus Relief," requiring Continental to account to royalty owners for all production and proceeds attributable to the wells. 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. Over the weekend, we received multiple alerts via The Ogle Mole Network informing us that Robert "Spaulding" Hefner the Whatever'ith is the latest Junior Oil Overlord to be sued by House Hamm & Continental Resources for allegedly conspiring to steal the company's oil and gas secrets. Accordingly, based on our review of the record and applicable law, Plaintiffs have not shown they are entitled to the requested accounting under the PRSA. 7. herculoids gloop and gleep sounds 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. 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. 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. & Proc. 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! All quotes delayed a minimum of 15 minutes. 18 In considering a motion to certify a class, the trial court is not to resolve the merits of the claims or defenses asserted. Perpetual was merely an innocent bystander Continental filed against Blaine Dyer and his Merry Men. It's a good read. 9. 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 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. Masquat, at 10, at 52-3 (citing Steven S. Gensler, Civil Procedure: Class Certification and the Predominance Requirement under Oklahoma Section 2023(B)(3), 56 Okla. L.Rev. Prac. Continental Resources has gone to court, filing a lawsuit against former employee, Levi Pack, a geologist accused of uploading company data and creating a program to give him remote access to Continental data on his cell phone. Rumburk s klterem a Loretnskou kapl. In addition, Plaintiffs acknowledged in their amended motion to certify that the requested issue certification was a prelude to a potential 2023(B)(3) monetary damages claim certification. The court further held it had the duty to determine the law applicable to the case. Anyway, you can read more about the lawsuit and all the fun stuff over at OSCN.net. 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. 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." document.write(write_html); Civ. Could Gravity Batteries Win The Energy Storage War? Total barrels or MCF attributed to such payment; Further delay will postpone production," the company asserted as part of the case that was filed the last week of February. The suits allegation is the latest development in a tangled legal dispute between Oklahoma City attorney Blaine Dyer, an ex-employee of his firm named Matt Golladay, Continental Resources, and now Perpetual Production LLC. Continental Resources pulled a lawsuit it had filed against the federal government seeking action on pending drilling permits. 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. Continental Resources, Inc. is the defendant in a proposed collective action in which the plaintiff claims the oil company deliberately failed to pay time-and-a-half Price per barrel or MCF, including British Thermal Unit adjustment of gas sold; 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.")). BBB File Opened: 6/4/2008. Continental Resources did not respond to a request for comment. In short, Plaintiffs have not shown that issue certification, i.e., issuing the requested accounting, will settle "the legality of the behavior with respect to the class as a whole. See 7A C. Wright, A. Miller, & R. Kane, Federal Practice & Procedure 1790, at 590 (2005); Cent. 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. Based on our review of the record and applicable law, we reverse. Id. 1775 (3d ed.) A. 446 (W.D. 4 On January 12, 2015, Plaintiffs filed an amended motion to certify, seeking a hybrid, issue class action under 12 O.S.2011 and Supp. Without more, Plaintiffs have not established that separate suits would place Continental in a position of being unable to comply with one judgment without violating the terms of another. It was Continental Resources founder Harold Hamm whosaidin early March that the Saudi move to flood the global market with crude oil was illegal. You already receive all suggested Justia Opinion Summary Newsletters. You can explore additional available newsletters here. In a lawsuit it filed on April 20, 2020, Continental Resources accused Dyer and numerous co-conspirators of workingwith at least one of its employeesto cheat the company out of millions of dollars through a series of fraudulent, disguised transactions using Continentals most confidential business information involving its future drilling plans. 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. See e.g., Stoffels v. SBC Commc'ns, Inc., 238 F.R.D. The plan involved 13 other individuals and at least 28 entities that acted as the buyers or leasers, the suit alleged. 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. Your California Privacy Rights / Privacy Policy. 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