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A.B. Still Wel-Service, Inc. v. Antinum Midcon I LLC

Court of Appeals of Oklahoma, Division II

December 22, 2015

A.B. STILL WEL-SERVICE, INC., an Oklahoma corporation, Plaintiff/Appellant,
v.
ANTINUM MIDCON I, LLC; DEVON ENERGY PRODUCTION COMPANY, L.P., an Oklahoma limited partnership; ENERVEST OPERATING, LLC, a limited liability company; HIGHMOUNT EXPLORATION AND PRODUCTION, LLC; HIGHMOUNT EXPLORATION & PRODUCTION MIDCONTINENT, LLC; HIGHMOUNT OPERATING, LLC; KAISER-FRANCIS ANADARKO LIMITED PARTNERSHIP, an Oklahoma limited partnership; QUINTIN AND CARRIE LOU FAMILY LIMITED PARTNERSHIP, an Oklahoma limited partnership; RAMCO, INC.; REPSOL E&P USA, INC.; SANDRIDGE EXPLORATION AND PRODUCTION, LLC; THE QUINTIN LITTLE COMPANY OIL & GAS LIMITED PARTNERSHIP, an Oklahoma limited partnership; TIPTOP ENERGY PRODUCTION US, LLC, a limited liability company; and TODCO PROPERTIES, INC., an Oklahoma corporation, Defendants/Appellees.

          Mandate Issued: 05/09/2018

          APPEAL FROM THE DISTRICT COURT OF CREEK COUNTY, OKLAHOMA HONORABLE DOUGLAS W. GOLDEN, TRIAL JUDGE.

          Jessie V. Pilgrim, PILGRIM LAW FIRM, Tulsa, Oklahoma, for Plaintiff/Appellant.

          Mark D. Christiansen, McAFEE & TAFT, A PROFESSIONAL CORPORATION, Oklahoma City, Oklahoma, for Defendants/Appellees Antinum Midcon I, LLC, Repsol E&P USA, Inc. and Sandridge Exploration and Production, LLC.

          Laura J. Long, Timothy Bomhoff, McAFEE & TAFT, A PROFESSIONAL CORPORATION, Oklahoma City, Oklahoma, for Defendants/Appellees Devon Energy Production Company, LP and Tiptop Energy Production US, LLC.

          Charles L. Puckett, Jr., GUM, PUCKETT & MACKECHNIE, L.L.P., Oklahoma City, Oklahoma, for Defendants/Appellees EnerVest Operating, LLC, HighMount Exploration and Production, LLC, HighMount Exploration and Production Midcontinent, LLC, HighMount Operating, LLC, and Ramco, Inc.

          Miriam LeeAnn Sweetin, FREDERIC DORWART LAWYERS, Tulsa, Oklahoma, for Defendant/Appellee Kaiser-Francis Anadarko Limited Partnership

          F. Thomas Cordell, FRAILEY, CHAFFIN, CORDELL, PERRYMAN, STERKEL, McCALLA & BROWN LLP, Chickasha, Oklahoma, for Defendants/Appellees Quintin and Carrie Lou Family Limited Partnership and The Quintin Little Company Oil & Gas Limited Partnership.

          Verland E. Behrens, BEHRENS, WHEELER & CHAMBERLAIN, Oklahoma City, Oklahoma, for Defendant/Appellee TODCO Properties, Inc.

          JANE P. WISEMAN, JUDGE

         Â¶1 Plaintiff A.B. Still Wel-Service, Inc., appeals the trial court's order granting a motion to dismiss for improper venue filed by Defendants Antinum Midcon I, LLC; Devon Energy Production Company, LP; EnerVest Operating, LLC; Highmount Exploration and Production, LLC; Highmount Exploration & Production Midcontinent, LLC; Highmount Operating, LLC; Kaiser-Francis Anadarko Limited Partnership; Quintin and Carrie Lou Family Limited Partnership; Ramco, Inc.; [1] Repsol E&P USA, Inc.; Sandridge Exploration and Production, LLC; The Quintin Little Company Oil & Gas Limited Partnership; Tiptop Energy Production US, LLC; and TODCO Properties, Inc. After reviewing the record and applicable law, we affirm the order of the trial court dismissing Plaintiff's petition for improper venue. [2]

         FACTS AND PROCEDURAL BACKGROUND

         Â¶2 Plaintiff states in the petition that it "is the owner of the working interest and operator of an oil well known as the Myers #1 well" which "produces from the Mississippi Chat formation." Plaintiff states it "owns the contract rights to produce and reduce to possession oil and gas from the Myers #1 well."

         Â¶3 Defendants own or owned working interests in, or operated, the Eggers 7-1H well, a horizontal well "intended to produce from the Mississippi Lime formation, which is a formation below the Mississippi Chat formation." According to Plaintiff, in the course of Defendants producing this well, "substantial volumes of water and fluids were used to 'frack' the Eggers 7-1H well" from January 28, 2013, and continuing until the filing of the petition. Plaintiff alleges that "[d]uring the course of fracking and producing the Eggers 7-1H well, water and fracking fluids were allowed to escape and invade the Mississippi Chat formation underlying the Myers #1 well, causing injury to [P]laintiff and resulting in conversion of hydrocarbons from the Mississippi Chat formation underlying the Myers #1 well." Plaintiff claims its "contract rights to produce and reduce to possession oil and gas have been injured as a result of such acts and omissions." Plaintiff alleges ...


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