Newfield Exploration Company, et al. v. State, et al.

Docket No. 20190088
Oral Argument: Thursday, June 20, 2019 10:45 AM

Docket Info

Title
Newfield Exploration Company, Newfield
Production Company, and Newfield RMI LLC, Plaintiffs and Appellees
v.
State of North Dakota, ex rel. the North
Dakota Board of University and School Lands,
and the Office of the Commissioner of University
and School Lands, a/k/a the North Dakota
Department of Trust Lands, Defendants and Appellants
Case Type
CIVIL APPEAL : OIL, GAS AND MINERALS
Appeal From
Case No. 2018-CV-00143
Northwest Judicial District, McKenzie County
Robin Ann Schmidt
2019 ND 193931 N.W.2d 478

Highlight

District court erred in its interpretation of an oil and gas lease.

Gross proceeds from which royalty payments were calculated could not be reduced by an amount that either directly or indirectly accounted for post-production costs incurred to make the gas marketable.


Briefs

Filing Date Description
04/29/2019 APPELLANT BRIEF View
06/07/2019 APPELLEE BRIEF View
06/17/2019 REPLY BRIEF View

Counsel

Party Type Name
AMICUS CURIAE PRIVATE PRACTICE John W Morrison - 03502
AMICUS CURIAE PRIVATE PRACTICE Craig Cordell Smith - 04623
APPELLANT ATT. GENERAL OFFICE David Paul Garner - 06860
APPELLEE PRIVATE PRACTICE Lawrence Bender - 03908
APPELLEE PRIVATE PRACTICE Spencer Douglas Ptacek - 08295
AMICUS CURIAE PRIVATE PRACTICE Paul Jonathan Forster - 07398
AMICUS CURIAE PRIVATE PRACTICE Ryan Andrew Pittman - 07788

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 03/19/2019 NOTICE OF APPEAL : 03/19/2019
2 03/26/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 03/26/2019 Notice served on David P. Garner, Lawrence Bender and Spencer D. Ptacek
4 03/26/2019 Rec'd $125.00 filing fee
5 04/22/2019 ELEC. RECORD ON APPEAL DATED APRIL 18, 2019 (ENTRY NOS 1-73)
6 04/29/2019 APPELLANT BRIEF View
7 04/29/2019 APPELLANT APPENDIX
8 04/29/2019 Oral Argument Request by Appellants
9 05/06/2019 Rec'd 6 copies of ATB & ATA from CSD
10 05/22/2019 NOTICE OF ORAL ARGUMENT SENT
11 05/22/2019 MOT. EXT/TIME APPELLEE BRIEF
12 05/23/2019 ACTION BY ACTING CHIEF JUSTICE - Granted : 06/07/2019
13 05/23/2019 MOTION FOR Reconsideration of Extension
14 05/24/2019 ACTION BY ACTING CHIEF JUSTICE (Reply brief due 9 a.m., June 18) - Denied
15 05/24/2019 MOT. EXT/TIME REPLY BRIEF (sua sponte)
16 05/24/2019 ACTION BY ACTING CHIEF JUSTICE (9 a.m.) - Granted : 06/18/2019
17 06/07/2019 APPELLEE BRIEF View
18 06/07/2019 APPELLEE APPENDIX
19 06/10/2019 Rec'd 6 copies of AEB & AEA from CSD
20 06/17/2019 REPLY BRIEF View
21 06/18/2019 Rec'd 6 copies of RYB from CSD
22 06/18/2019 Request for Radio/TV Coverage
23 06/18/2019 ACTION BY CLERK (KFYR TV - video and sound) - Granted
24 06/20/2019 APPEARANCES: David Garner/Spencer Ptacek & Lawrence Bender
25 06/20/2019 ARGUED: Garner/Ptacek
26 06/20/2019 ORAL ARGUMENT WEBCAST
27 07/11/2019 DISPOSITION
28 07/11/2019 UNANIMOUS OPINION : Jensen, Jon J. View
29 07/11/2019 CONCUR IN THE RESULT : VandeWalle, Gerald W.
30 07/11/2019 COSTS ON APPEAL TAXED IN FAVOR OF APPELLANTS
31 07/12/2019 Judgment Sent to Parties
32 07/25/2019 PETITION FOR REHEARING - RspDue : 09/04/2019 View
33 07/25/2019 MOTION FOR Leave to File Amicus Curiae Brief by Western Energy Alliance supporting rehearing
34 07/26/2019 ACTION BY CHIEF JUSTICE - Granted
35 07/26/2019 MOTION FOR Leave to File Amicus Curiae Brief by ND Petroleum Council in Support of rehearing
36 07/26/2019 ACTION BY CHIEF JUSTICE - Granted
37 07/26/2019 AMICUS CURIAE BRIEF on Petition for Rehearing (Western Energy Alliance) View
38 07/26/2019 AMICUS CURIAE BRIEF on Petition for Rehearing (ND Petroleum Council) View
39 07/29/2019 Rec'd 6 copies of PER back form Central Duplicating
40 09/04/2019 RESPONSE TO PETITION FOR REHEARING View
41 09/05/2019 Rec'd 6 copies of PER response from CSD
42 09/09/2019 Corrected Opinion Page: Corrects 48 to 487, Paragraph 6, Line 4
43 09/12/2019 ACTION BY SUPREME COURT - Denied
44 09/20/2019 MANDATE