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Dominek, et al. v. Equinor Energy, et al.

Docket No. 20220088
Oral Argument: Monday, September 26, 2022 9:00 AM

Docket Info

Title
Allen Dominek and Arlen Dominek, Plaintiffs
v.
Equinor Energy L.P., f/k/a and
a/k/a Brigham Oil & Gas L.P and Statoil Oil
and Gas L.P.; and Grayson Mill Williston, LLC, Defendants
Case Type
CIVIL CERTIFIED QUESTION : CERTIFIED QUESTION OF LAW (Civil)
Appeal From
Case No. 1:19-cv-288
Oral Argument 9/26/2022

Parties' Statement of Issues

  • Appellant

    1. Does the relevant portion of Section 38-08-08(1) of the North Dakota Century Code require the allocation of production from Section 13 of the Overlapping Spacing Unit to Section 24 of the Underlying Spacing Unit?
    2. Does the following language from Industrial Commission pooling orders Nos. 27791 and 18082 require the allocation of production from Section 13 of the Overlapping Spacing Unit to Section 24 of the Underlying Spacing Unit? “All owners of interests shall recover or receive, without unnecessary expense, their just and equitable share of production from the spacing unit in the proportion as their interest may appear in the spacing unit.”
    3. Does the following language from Industrial Commission pooling orders Nos. 27791 and 18082 prohibit or prevent the allocation of production from Section 13 of the Overlapping Spacing Unit to Section 24 of the Underlying Spacing Unit? “All owners of interests shall recover or receive, without unnecessary expense, their just and equitable share of production from the spacing unit in the proportion as their interest may appear in the spacing unit.”
    4. Does the following language from Industrial Commission pooling order No. 27791 require the allocation of production from Section 13 of the Overlapping Spacing Unit to Section 24 of the Underlying Spacing Unit or other spacing units which overlap? “This order is limited to pooling the spacing unit described above for the development and operation of such spacing unit by the horizontal well(s) authorized for such spacing unit by order of the Commission. This order does not modify, amend or alter previous pooling orders for other spacing units or require the reallocation of production allocated to separately owned tracts within any spacing unit by any existing pooling orders or any pooling agreements.”
    5. Does the following language from Industrial Commission pooling order No. 27791 prohibit or prevent the allocation of production from Section 13 of the Overlapping Spacing Unit to Section 24 of the Underlying Spacing Unit or other spacing units which overlap? “This order is limited to pooling the spacing unit described above for the development and operation of such spacing unit by the horizontal well(s) authorized for such spacing unit by order of the Commission. This order does not modify, amend or alter previous pooling orders for other spacing units or require the reallocation of production allocated to separately owned tracts within any spacing unit by any existing pooling orders or any pooling agreements.”

  • Appellee 1

    The issues for decision in this proceeding are the five questions certified by the United States District Court for the District of North Dakota (“District Court”), which are set forth in its Certification Order. See R70:1–2.


Summary

The federal district court for the district of North Dakota has certified five questions to the North Dakota Supreme Court regarding N.D.C.C. § 38-08-08(1) and North Dakota Industrial Commission pooling orders. The dispute before the federal district court concerns allocation of mineral royalties in the case of overlapping oil and gas spacing units.


Briefs

Filing Date Description
07/22/2022 DEFENDANT BRIEF View
08/19/2022 REPLY BRIEF View

Counsel

Party Type Name
DEFENDANT PRIVATE PRACTICE Lawrence Bender - 03908
AMICUS CURIAE ATT. GENERAL OFFICE Steven B. Nelson - 09212
AMICUS CURIAE PRIVATE PRACTICE James Palmer Parrot - 07007
PLAINTIFF PRIVATE PRACTICE Derrick Lance Braaten - 06394
AMICUS CURIAE PRIVATE PRACTICE Joshua Allen Swanson - 06788
AMICUS CURIAE PRIVATE PRACTICE Paul Jonathan Forster - 07398
AMICUS CURIAE PRIVATE PRACTICE Zachary Ryan Eiken - 07832
DEFENDANT PRIVATE PRACTICE Spencer Douglas Ptacek - 08295

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

Seq. # Filing Date Description Attachment
1 03/16/2022 CERTIFICATION ORDER View
2 03/17/2022 Record (portion forwarded by United States District Court)
3 03/17/2022 PLAINTIFF BRIEF DUE : 04/25/2022
4 03/21/2022 Rec'd Filing Fee of $62.50 from plaintiffs (Receipt #28524)
5 03/24/2022 Rec'd Filing Fee of $62.50 from defendants (Receipt #28527)
6 04/21/2022 MOT. EXT.TIME PLAINTIFF BRIEF
7 04/25/2022 ACTION BY CLERK - Granted : 05/25/2022
8 05/24/2022 PLAINTIFF BRIEF View
9 05/24/2022 Oral Argument Request by Plaintiff
10 05/25/2022 DEFENDANT BRIEF DUE : 06/23/2022
11 05/27/2022 Rec'd requested corrections to Plaintiff's Brief & proof of service
12 05/31/2022 Rec'd correction to Plaintiff's Brief (dated line on signature page) & proof of service
13 06/02/2022 Rec'd copies of Plaintiff's Brief from Central Duplicating
14 06/16/2022 MOT. EXT/TIME DEFENDANT BRIEF
15 06/16/2022 ACTION BY CHIEF DEPUTY CLERK - Granted : 07/22/2022
16 07/22/2022 DEFENDANT BRIEF View
17 07/22/2022 MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF DEFENDANT/APPELLEE BY NDPC
18 07/22/2022 ACTION BY CHIEF JUSTICE - Granted
19 07/22/2022 AMICUS CURIAE BRIEF - NDPC View
20 07/25/2022 Defendant's Brief Certificate of Service for Amicus Curiae
21 07/22/2022 MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF DEFENDANT/APPELLEE BY ANDRESS SANDEFER
22 07/22/2022 ACTION BY CLERK - Granted
23 07/22/2022 AMICUS CURIAE BRIEF - ANDRESS SANDEFER View
24 07/22/2022 MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF DEFENDANTS/APPELLEES BY NDIC
25 07/22/2022 ACTION BY CLERK - Granted
26 07/22/2022 AMICUS CURIAE BRIEF - NDIC View
27 07/26/2022 MOT. EXT/TIME REPLY BRIEF
28 07/27/2022 ACTION BY CLERK - Granted : 08/19/2022
29 07/28/2022 Rec'd copies of ACB-NDPC from Central Duplicating
30 07/28/2022 Rec'd copies of ACB - Andress Sandefer from Central Duplicating
31 07/28/2022 Rec'd copies of ACB - NDIC from Central Duplicating
32 07/28/2022 Rec'd copies of Defendant's Brief from Central Duplicating
33 08/18/2022 NOTICE OF ORAL ARGUMENT SENT
34 08/19/2022 MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT BY CONTINENTAL RESOURCES IN SUPPORT OF
35 08/19/2022 DEFENDANTS/APPELLEES & PLAINTIFFS/APPELLANTS AND EXTENSION OF TIME TO FILE ACB
36 08/19/2022 ACTION BY CLERK - Granted : 08/19/2022
37 08/19/2022 AMICUS CURIAE BRIEF - CONTINENTAL RESOURCES View
38 08/19/2022 REPLY BRIEF View
39 08/22/2022 ANNOUNCED DISQUALIFICATION : VandeWalle, Gerald W.
40 08/22/2022 SITTING WITH THE COURT : Hill, James S.
41 08/22/2022 Intent to Particpate in Oral Argument by Defendants/Appellees - Equinor, et al.
42 08/22/2022 Rec'd requested corrections to ACB-Continental Resources and service
43 08/24/2022 DOCUMENT RECEIVED - NOT FILED (response to Continental Resources)
44 08/24/2022 Rec'd copies of ACB-Cont. Res. from Central Duplicating
45 08/24/2022 Rec'd copies of RYB from Central Duplicating
46 09/01/2022 EOG motion to file Amicus Curiae Brief View
47 09/01/2022 ACTION BY SUPREME COURT - Denied
48 09/26/2022 APPEARANCES: Derrick L. Braaten; Lawrence Bender; Spencer D. Ptacek
49 09/26/2022 ARGUED: Derrick L. Braaten; Lawrence Bender
50 09/26/2022 ORAL ARGUMENT WEBCAST