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Jeter v. Bullseye Energy Inc.
United States District Court, N.D. Oklahoma
September 23, 2019
KEVIN JETER, JOE A. JETER, BARBARA LUCAS, JAMES H. MILLER, SHARON RIGSBY MILLER, LARRY SMITH, JANICE SUE PARKER, individually and as Class Representatives on Behalf of All Similarly-Situated Persons, Plaintiffs,
BULLSEYE ENERGY INC., CEP MID-CONTINENT, LLC, KRS&K, an Oklahoma Partnership, GASHOMA, INC. PURGATORY CREEK GAS, INC., REDBIRD OIL, an Oklahoma Partnership, WILD WEST GAS, LLC, WHITE HAWK GAS, INC., FOUNTAINHEAD, LLC, ROBERT M. KANE, LOUISE KANE ROARK, ANNE KANE SEIDMAN, MARK KANE, PAMELA BROWN, GARY BROWN, Defendants. And KEVIN JETER, JOE A. JETER, BARBARA LUCAS, JAMES H. MILLER, SHARON RIGSBY MILLER, LARRY SMITH, JANICE SUE PARKER, JAMES D. ENLOE, CAROLYN R. ENLOE, and SCOTT BAILY, individually and as Class Representatives on Behalf of All Similarly-Situated Persons, Plaintiffs,
CEP MID-CONTINENT, LLC, ROBERT M. KANE, LOUISE KANE ROARK, ANNE KANE SEIDMAN, MARK KANE, PAMELA BROWN, and GARY BROWN, Defendants.
OPINION AND ORDER
TERENCE C. KERN, United States District Judge.
the Court is the Motion to Reconsider Orders of August 5 and
7, 2019 filed by defendants Bullseye Energy, Inc. (now
Bullseye Energy, LLC); CEP Mid-Continent, LLC; KRS&K;
Robert M. Kane; Louise Kane Roark; Ann Kane Seidman; Mark
Kane, Pamela Brown; and Gary Brown
(“Defendants”). Doc. 328. Plaintiffs oppose the
motion. Doc. 329.
22, 2019, the Court entered its Opinion and Order denying the
Joint Motion for Final Approval of Settlement Agreement filed
by Defendants and Plaintiffs Kevin Jeter and Joe A. Jeter
(“the Jeters”). Doc. 324. On August 5, 2019, the
Court entered its Order striking Defendants’ Motion to
Strike Proposed Amended Class Definition as moot in light of
the Court’s July 22, 2019 Opinion and Order, and on
August 7, 2019, the Court entered its Order striking
Plaintiffs’ Motion for Class Certification against
Defendants as moot in light of the Court’s July 22,
2019 Opinion and Order. Docs. 324, 326, 327.
argue that neither Plaintiffs’ Motion for Class
Certification against Defendants, nor Defendants’
Motion to Strike Proposed Amended Class Definition are
rendered moot by reason of the Court’s July 22 Opinion
motion to reconsider may be considered on the following
grounds: “(1) an intervening change in the controlling
law, (2) new evidence previously unavailable, and (3) the
need to correct clear error or prevent manifest
injustice.” Servants of the Paraclete v. Does,
204 F.3d 1005, 1012 (10th Cir. 2000) (citing Brumark
Corp. v. Samson Resources Corp., 57 F.3d 941, 948 (10th
Cir. 1995)). In other words, when the court has
“misapprehended the facts, a party’s position, or
the controlling law, ” a motion to reconsider is
appropriate. Id.; see Syntroleum Corp., 2009 WL
761322, at *1. Parties’ efforts to “revisit
issues already addressed or advance arguments that could have
been raised in prior briefing” will not be considered.
Maul, 2006 WL 3447629, at *1.
Motion for Class Certification was filed on August 12, 2016.
Doc. 219. As the Court previously noted, since that time,
there have been significant developments in case law
concerning both the merits of Plaintiffs’ claims and
the likelihood of class certification surviving on appeal.
See Naylor Farms v. Chaparral Energy, LLC, 923 F.3d
779, 784 (10th Cir. 2019). Doc. 324 at 5-6. See also
Pummill v. Hancock Expl. LLC, 419 P.3d 1268, 1271,
1276-78 (Okla.Civ.App. 2018). In addition, counsel for the
previous class representatives was removed and counsel for
the non-settling plaintiffs was appointed as interim class
counsel. Docs. 299, 323. Finally, the damages analysis upon
which the proposed settlement is based is outdated, and class
members argue they are owed at least three additional years
of royalty payments. Doc. 324 at 4.
the developments in applicable law, the change in class
representatives and the staleness of existing discovery, the
Court stands by its previous rulings. Defendants’
Motion to Reconsider (Doc. 329) is denied.
parties are directed to submit a status report, including