Capps et al v. XTO Energy Inc

Filing 19

ORDER denying 15 Motion for Reconsideration. Signed by Judge Brian S. Miller on 6/6/11. (kpr)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LOUIS CAPPS and DERNICE CAPPS
v.

PLAINTIFFS

CASE NO. 4:10-CV-1459 BSM

XTO ENERGY INC.

DEFENDANT
ORDER

XTO moves for reconsideration of the order [Doc. No. 15] granting the motion to
remand for lack of subject matter jurisdiction [Doc. No. 6]. Plaintiffs object. The motion to
reconsider is DENIED.
Defendant has presented no additional evidence to support the affidavit of Chris
Broadway. That affidavit is determined to still be insufficient to meet the standard set forth
by the Eighth Circuit in Usery v. Anadarko Petroleum Corp., 606 F.3d 1017 (8th Cir. 2010).
Defendant also states that XTO stands ready to purchase the mineral rights for $75,000, and
this offer estimates the value of the disputed mineral leases at a minimum of $75,000. The problem,
of course, is that the dispute is over the ownership of a mineral lease and not the actual ownership
of the mineral rights themselves. The fact that XTO is willing to pay $75,000 for the mineral rights
does not mean that the disputed lease to those rights is worth $75,000.

Because XTO has failed to prove subject matter jurisdiction, the motion to reconsider
[Doc. No. 15] is DENIED.
IT IS SO ORDERED THIS 6th day of June 2011.
________________________________
UNITED STATES DISTRICT JUDGE