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. 6 Continental responded, objecting to Plaintiffs' request, noting no Oklahoma court had ever certified a hybrid, or issue class. Merchant of Record: A Media Solutions trading as Oilprice.com, That email address is already in the database. 23 Finally, Plaintiffs are unable to establish that certification of the accounting claim was proper under 2023(B)(2). Continental disputes Plaintiffs' assertions. 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. Accordingly, the trial court erred in granting certification under 2023(B)(1)(b). Anyway, you can read more about the lawsuit and all the fun stuff over at OSCN.net. The crossroads of energy information for mineral owners in Oklahoma and Texas. The Oklahoman which in the past has given Spaulding editorial space entirely due to his last name also got word of the lawsuit and filed a report. 25 Furthermore, an accounting is usually sought so that individual monetary relief may be subsequently obtained. at 361-62. " Homesales, 2014 OK 88, at 13, 339 P.3d at 884. By: Jack Money The Oklahoman A guilty plea in federal court submitted by a former Continental Resources employee is related to acivil suit filed in Oklahoma County District Court by the oil and gas company against Oklahoma City attorney Blaine Dyer and numerous other defendants. "BLMs illegal delay in processing these (applications) has injured and will continue to injure Continental. Seznam poznvacch a zitkovch aktivit pro dti. 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. 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. We will begin a new chapter in our companys history, one built on our early experience as a private company and the discipline we maintained as a public company. Continental Resources sues attorney, former employee on fraud claims, Insight Weekly: TMT deals plunge; bank analysts cut 2023 outlook; US retail sales rebound, Infographic: The Big Picture European Outlook 2023, The Pipeline: M&A and IPO Insights | There will be better days for investment banking, The Pipeline: M&A and IPO Insights | It's A Buyers' M&A market, But Not All Sellers Got The Memo. 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. V teplm poas je pro Vs pipravena kryt terasa s 50 msty a vhledem na samotn mln a jeho okol. 36 For these reasons, the Court finds the trial court erroneously granted Plaintiffs' amended motion for class certification. 18 In considering a motion to certify a class, the trial court is not to resolve the merits of the claims or defenses asserted. Jay P. Walters, GABLEGOTWALS, Oklahoma City, Oklahoma, Graydon D. Luthey, Jr., GABLEGOTWALS, Tulsa, Oklahoma and 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. Could Gravity Batteries Win The Energy Storage War? 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. Dinosau park Saurierpark Kleinwelka se nachz blzko msta Budyn. 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). 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. 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. 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. 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. 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. 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! herculoids gloop and 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. Eng'rs, 216 F.3d 577 (7th Cir.2000); Bynum v. D.C., 214 F.R.D. 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. (Reuters) - Casillas Petroleum Resource Partners sued Continental Resources Inc, alleging the Oklahoma shale producer last month backed out of a $200 Total amount attributed to such payment of severance and other production taxes, with the exception of windfall profit tax; In a May 22 amended petition to the Oklahoma County District Court, Continental claimed that former employee Justin Biggs provided Blaine Dyer from the law firm Dyer Coatney & Schroeder with specific drilling plans and the price Continental was willing to pay for leases. 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, See also 52 O.S.2011, 581.1 and McCall v. Chesapeake Energy Corp., 2007 OK CIV APP 59, 164 P.3d 1120. 27, 41 (D.D.C. 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 I don't believe the lawsuit has been reported by any media outlet. 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. Bkask a lyask arel se nachz hned za sttn hranic Roany-Sohland a obc Lipovou-Souhland. He also testified that he had received and deposited four checks from co-conspirators as part of the scheme. Dist. Secondly, the class action must fall within one of the three categories enumerated in 2023(B). 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. 6 52 O.S.2011, 570.12 provides: According to the plaintiffs, Casillas Petroleum, Continental Resources backed out of a deal to buy oil and gas properties from Casillas. The plan involved 13 other individuals and at least 28 entities that acted as the buyers or leasers, the suit alleged. Hallaba v. Worldcom Network Servs. Basically, Tex. If you need to report or discuss a sexual assault in Utah, you can call the Rape and Sexual Assault Crisis Line at 801-736-4356. Nine times out of 10, that's code for he's a shady screwball with no ethics who will eagerly launch a clandestine operation to acquire another company's trade secrets, and then stupidly leave behind the text message receipts. Mittelstaedt, 1998 OK 7, at 2, 19-20, 954 P.2d at 23 (emphasis added). Notably, Plaintiffs have alleged millions of dollars in underpayment of oil and gas royalties. In Harvell, 2006 OK 24, 164 P.3d 1028, the Oklahoma Supreme Court held that injunctive or declaratory relief must be the primary remedy requested for class members under 2023(B)(2).7 Similarly, in Dukes, the U.S. Supreme Court held that monetary claims may not be certified under Rule 23(b)(2), at least where the monetary relief is not incidental to the injunctive or declaratory relief.8 Dukes was cited with approval in Homesales, 2014 OK 88, 339 P.3d 878. 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."). You can also receive an offer to lease or buy your minerals. 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. 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. Rumburk s klterem a Loretnskou kapl. Sign up for our free summaries and get the latest delivered directly to you. 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 Lawsuit: Continental Resources Alleges Insider Scheme Swindled Company out of Millions. Thus, it held the 48 legal issues and interpretations of law were related to Plaintiffs' accounting claim and were proper for the court to rule upon. Wolla had sent electronic billing to Continentals Oklahoma City headquarters and Continental tried to argue the alleged overbilling fell under the states Consumer Protection Act. However, it dismissed him as a defendant in that case on Dec. 9, 2020. 2d 492, 505 (S.D.N.Y. 2003); Allison v. Citgo Pet. Has Saudi Arabias Relationship With Russia Reached Its Limits? Regulators to be briefed on funding for well-plugging projects in Oklahoma. Civ. Section 2023(B)(1)(b). herculoids gloop and gleep sounds Harvell, 2006 OK 24, at 26, 164 P.3d at 1037. Plaintiffs asserted, however, that Continental: 1) had refused to report to royalty owners the full consideration it received for the sale of oil and gas produced from class wells; 2) engaged in a barrel-back scheme with its affiliated companies; 3) refused to disclose to royalty owners deductions for gathering, compression, dehydration, and compressor fuel where such charges were embedded within the price which Continental received from the purchase of the gas; and 4) refused to report and pay royalty on skim oil and condensate. Plaintiffs have not established that one accounting will answer Continental's behavior with respect to the class as a whole. Adam Aguilar made the lawsuit! 22 We further find 2023(B)(1)(b) to be inapplicable. 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 3 (citations omitted). Certification pursuant to Rule 23(c)(4) is only proper if the requirements of Rule 23(a) and at least one of the categories of (b) are first met. The plaintiff alleged Goodyear set the fee at 7 percent of the labor charge with a maximum of $20.00, regardless of whether shop supplies were used. 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). Inc., 196 F.R.D. Heres how the newspaper reported the story: 2012). The Evangelical school board member has yet to attend a board meeting. Reported the story: 2012 ) 24, at 26, 164 P.3d at 884 that address... 7, at 2, 19-20, 954 P.2d at 23 ( emphasis added ) acted the. Have alleged millions of dollars in underpayment of oil and gas royalties, it dismissed him a... Oklahoma and Texas and separate accounting, Plaintiffs have alleged millions of dollars in underpayment of oil gas... 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