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. Harvell, 2006 OK 24, at 27, 164 P.3d at 1038. 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! The lawsuit was filed against Wolla Oilfield Services and its owner Jason Wolla in March of 2020. 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. 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.' Po odsunu pvodnch majitel stdav chtral a do roku 2002, kdy jsme zaali s rekonstrukc. 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, Courts have also used issue certification to certify only certain issues found common to the class. But Continental got cold feet and proposed to postpone the closing due to changes in the oil and gas markets, and then terminated the agreement on March 24 citing title and other problems, the lawsuit alleged. 4. That being said, let's give these people the benefit of the doubt. Continental filed against Blaine Dyer and his Merry Men. 22 We further find 2023(B)(1)(b) to be inapplicable. Ball v. Wilshire Ins. 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). This site is protected by reCAPTCHA and the Google, Oklahoma Court of Civil Appeals Decisions. Documents say Continental is suing Blaine M. Dyer, who Perpetual shares office space with, over an unrelated matter. It's a good read. 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. 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A. I don't believe the lawsuit has been reported by any media outlet. Harvell, 2006 OK 24, at 26, 164 P.3d at 1037. 630, 643 (N.D. Okla. 2000). Section 2023(B)(1)(b). Nvtvnkm nabzme posezen ve stylov restauraci s 60 msty, vbr z jdel esk i zahranin kuchyn a samozejm tak speciality naeho mlna. 27, 41 (D.D.C. Nejsevernj msto esk republiky le u vesnice s pilhavm nzvem Severn. By The class (Class Members) was defined as: An Order nunc pro tunc was filed on July 17, 2015, attaching Exhibit 1 which had been inadvertently omitted from the June 11, 2015, order. You already receive all suggested Justia Opinion Summary Newsletters. WebArea Agencies on Aging (AAAs) are local aging programs that provide information and services on a range of assistance for older adults and those who care for them. 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. 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. Here are the allegations that Continental outlined in a revised petition filed on May 22nd in Oklahoma County District Court. The deal was set to close roughly three weeks later, according to a lawsuit filed in Tulsa County District Court in Oklahoma. esgSubNav, Discover more about S&P Globals offerings, Global Economies in Flux: Drive Decisions with the Purchasing Managers Index (PMI) Data, The Natural Language Processing (NLP) Revolution and ChatGPT: An Introduction to the field, our latest research, and how Kensho is empowering businesses to make the most of these technologies, 10:00 - 11:00 am EST | 4:00 - 5:00 pm CET, Long Beach Convention & Entertainment Center. document.write(write_html); Co., 2007 OK 80, 1 fn.3, 184 P.3d 463, 467 fn. Mich. Dec. 12, 2014); Houser v. Pritzker, 28 F. Supp.3d 222, 253 (S.D.N.Y. 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. ("[T]he declaration should be equivalent to an injunction.") 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. See Mejdrech v. Met-Coil Sys., 319 F.3d 910, 911-912 (7th Cir. 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. 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. They expected the deal to be closed some three weeks later. The focus is on the location of the offending conduct, and such conduct must occur in this state., The justices went on to declare,Conduct which creates a violation of the OCPA must occur within this state in order for the OCPA to be applicable. Plaintiffs have not established that one accounting will answer Continental's behavior with respect to the class as a whole. My client is innocent.. When you work for an oil company, you're supposed to be blindly loyal to that company and help them exploit and profit from all the valuable resources found deep inside the earth. 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. 26 In the present case, a review of the record reveals that the crux of Plaintiffs' action, including the accounting claim which seeks to determine the amount of damages due each Class Member, is primarily for monetary relief. 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. Subscribe to our, Lease or Sell Your Minerals Rights in Oklahoma or Texas . Anyway, I guess we'll continue to monitor this insufferable lawsuit that we hope both parties find a way to lose. Federal prosecutors indicted Blaine Dyer, 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. The crossroads of energy information for mineral owners in Oklahoma and Texas. Plaintiffs' amended petition alleges eleven counts, of which ten seek monetary damages. Inc., 196 F.R.D. 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. The mineral interests were included in governmentally-sanctioned drilling and spacing units. Has Saudi Arabias Relationship With Russia Reached Its Limits? Mitchell Talks Energy, Commissioner Anthony disgusted at putting reins on outside expert, Oklahoma regulators decide to use outside expert in reviewing utility fuel costs. 6. FISCHER, P.J., concurs and RAPP, J., concurs specially. See e.g., Stoffels v. SBC Commc'ns, Inc., 238 F.R.D. The U.S. Supreme Court held that back-pay claims could not be certified with claims for injunctive and declaratory relief under (b)(2), either on the grounds that the injunctive claims predominated or that back-pay was equitable in nature. Pro malou uzavenou spolenost mme k dispozici salnek s 10 msty (bval ern kuchyn se zachovalmi cihlovmi klenbami). Pro nae hosty je zde ada monost nvtv. Get the Weekly Newsletter Thousands of Mineral Rights Owners and Investors Rely On. 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. 473 S State St # 405, Provo, UT 84606-7102. 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. However, its filings estimateit lost more than $5 million, over time. 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." Biggs has not yet been sentenced, but he faces a maximum of five years of imprisonment or a fine of $250,000, or both, plus a term of supervised release that could last up to two years. Lawsuit against Continental Resources detailed The suit claims a Continental Resources representative gained access to its offices leased space 5 Oklahoma's class action scheme closely parallels Rule 23 of the Federal Rules of Civil Procedure. 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 In addition, there is no categorical rule with respect to when post-production costs may be considered for royalty valuation. Samozejm jsme se snaili jejich interir pizpsobit kulturn pamtce s tm, aby bylo zachovno co nejvt pohodl pro nae hosty. Plaintiffs alleged failure to pay royalties on all hydrocarbons, improper deductions, insufficient reporting, and failure to receive the best price.1 Plaintiffs asserted Continental engaged in systematic schemes to misreport and skim oil and gas production and royalty proceeds from royalty owners, inter alia. 3 Plaintiff subsequently amended the class to start July 1, 1993. 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. Casillas could not immediately be reached for comment on the suit, filed on April 15, which asks the court to order Continental to complete the purchase and pay Casillas attorneys fees and other costs. Krug v. Helmerich & Payne,Inc., 2013 OK 104, 34, 320 P.3d 1012, 1022 (Harvell, 2006 OK 24, at 18, 164 P.3d at 1035). 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. 3. The former employee, Justin Biggs, pleaded guilty before U.S. District Court Judge Jodi Dishman in Oklahoma City on Nov. 20, 2020, to onecount accusing him of conspiringto commit honest services fraud. 10 In Oklahoma, class actions are governed by 12 O.S.2011 and Supp. 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. The company went public in 2007. Have your oil & gas questions answered by industry experts. Then, approvals were further delayed when President Joe Biden ordered a review of oil and gas activities on federal lands. 2014); Gulino v. Bd. Total amount attributed to such payment of severance and other production taxes, with the exception of windfall profit tax; 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. 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. Regulators to be briefed on funding for well-plugging projects in Oklahoma. 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. Sales Practices Litig., 292 F.R.D. 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. I guess we know how they afforded all their nice equipment! Dist. if(window.innerWidth<=1023){var write_html='
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