Case Information
*1 IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA PERRY CLINE, on behalf of himself and all others similarly situated,
Plaintiff, Civil Action No. 6:17-cv-313-JAG SUNOCO, INC. (R&M), and, SUNOCO PARTNERS MARKETING & TERMINALS, L.P.,
Defendants. OPINION
Perry Cline owns a royalty interest in one or more oil wells in Oklahoma. Sunoco, Inc. (R&M), and Sunoco Partners Marketing & Terminals, L.P. ("Sunoco"), purchase and resell oil from Cline's wells. Oklahoma law requires Sunoco to pay proceeds from the oil to Cline. If Sunoco pays the proceeds late, it must pay Cline interest on the payment at a rate set forth in Oklahoma's Production Revenue Standards Act ("PRSA"). See Okla. Stat. tit. 52, § 570, et seq. Cline has sued Sunoco for paying his production proceeds late without paying the required interest.
On October 3, 2019, the Court granted Cline's motion to maintain a class action on behalf of other owners' whom Sunoco paid late and did not pay interest. On October 8, 2019, Sunoco filed a motion to stay the case pending its appeal of the Court's class certification ruling to the U.S. Court of Appeals for the Tenth Circuit. On October 17, 2019, Sunoco filed its appeal. Because Sunoco has not established that the Court should stay this action pending the appeal, the Court will deny the motion. ' The PRSA defines an "owner" as a "person or governmental entity with a legal interest in the mineral acreage under a well which entitles that person or entity to oil or gas production or the proceeds or revenues" from that production. Okla. Stat. tit. 52, § 570.2. *4 raise if Cline proceeds individually. Thus, Sunoco has not shown that the public interest favors a stay.
II.CONCLUSION
Because Sunoco has not established that the factors weigh m favor of staying the proceedings, the Court will deny the motion to stay. The Clerk will issue an appropri ate Order. Let the Clerk send a copy of this Opinion to all counsel of record.
Isl Date:� October 2019 J oh n A. G ib n e y, J r . Richmond, VA United States District J cig 4