Stoddard v. OXY USA Inc

Filing 17

MEMORANDUM AND ORDERgranting 14 Motion to Transfer Case to Judge Eric Melgren; denying 16 Motion to Stay Deadlines. Signed by Chief Judge J. Thomas Marten on 04/18/2017. (aa)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

DEANNA GUYLENE STODDARD, on behalf
of herself and all others similarly
situated,
Plaintiff,
vs.

Case No. 17-1067-JTM

OXY USA, INC.
Defendant.

MEMORANDUM AND ORDER

Defendant Oxy USA removed the present oil and gas royalty interest action from
Grant County, Kansas District Court, contending that the court has removal jurisdiction
under the Class Action Fairness Act of 2005, 28 U.S.C. § 1332(d) and 28 U.S.C. § 1453.
Plaintiff Deanna Guylene Stoddard moved to remand the action (Dkt. 13), and OXY has
moved to transfer the case to Judge Eric Melgren, noting that Judge Melgren decertified a
class advancing similar claims in Roderick Revocable Living Trust v. OXY USA Inc.,
12-01215-EFM, which in turn generated multiple actions in state court. At the same time
it removed the present action, Oxy removed a similar action, Cooper Clark Foundation v.
OXY USA Inc., 17-01068-EFM, which has been assigned to Judge Melgren and which
involves the same counsel and the same legal issues. Stoddard argues in opposition that

the undersigned should resolve the motion to remand prior to deciding whether to transfer
the action.
“In the interest of justice or to further the efficient disposition of the business of the
court, a judge may return a case to the clerk for reassignment or, with the approval of the
chief judge, may transfer the case to another judge who consents to such transfer.” D.Kan.
Rule 40.1 The undersigned judge, in his discretion, finds that judicial economy would be
promoted by having a single judge resolve the issues surrounding such similar issues.
IT IS ACCORDINGLY ORDERED this 18th day of April, 2017, that defendant Oxy’s
Motion to Transfer (Dkt. 14) is hereby granted; plaintiff Stoddard’s Motion to Stay (Dkt. 16)
is denied.

___s/ J. Thomas Marten______
J. THOMAS MARTEN, JUDGE

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