White et al v. West Publishing Corporation et al

Filing 58

DECLARATION of James Hough in Support re: 45 MOTION for Summary Judgment.. Document filed by Reed Elsevier Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W)(Hough, James)

Case 5:07-cv-00798-L Document 191 Filed 04/26/10 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
LADENE RAMSEY BEER, and
KATHERINE K. BOECK, (collectively
“Plaintiffs”) on behalf of themselves and
others similarly situated,
Plaintiffs,

v.

XTO ENERGY, INC. f/k/a CROSS
TIMBERS OIL COMPANY, a Delaware
Corporation (“XTO”),
Defendant.

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Case No. CIV-07-798-L

MOTION TO INTERVENE AND BRIEF IN SUPPORT
Intervenors, Bill Fankhouser and Tim Goddard, move to intervene in this case as
Plaintiffs and representatives of the putative class. In support, Intervenors set forth the
following:
1. On April 13, 2010, this Court decertified the class in this action and dismissed the
class claims without prejudice.
2. Intervenors Bill Fankhouser and Tim Goddard seek leave from this Court to
intervene in this action and file claims on behalf of the class as set forth in the proposed
Amended Complaint attached hereto as Exhibit “1”.
3. Intervenor, Bill Fankhouser owns Oklahoma mineral interests that fall under the
Oklahoma subclass of the previously certified class definition. Intervenor, Tim Goddard

Case 5:07-cv-00798-L Document 191 Filed 04/26/10 Page 2 of 4

owns Kansas mineral interests that fall under the Kansas subclass of the previously certified
class definition.
4. Intervenors believe that the interests of the proposed class and judicial economy
would be best served by allowing them to intervene in this case, as substantial steps in the
litigation have taken place, i.e. discovery, class certification and summary judgment in favor
of the Beer Plaintiffs.
5. Intervenor’s counsel is currently representing another certified class involving
similar issues in Naylor v. Questar Exploration, et al., United States District Court for the
Western District of Oklahoma Case No. 5:08-cv-00668-R, and is prepared to represent the
proposed class, including both Oklahoma and Kansas subclasses fully and adequately.
6. Counsel for Plaintiffs Ladene Ramsey Beer and Katherine K. Boeck do not object
to this motion.
7. Counsel for Defendant XTO Energy, Inc., objects to this motion.
ARGUMENT AND AUTHORITY
Intervention under Federal Rule of Civil Procedure Rule 24(a)(2) should be granted
when a timely motion to intervene demonstrates that (1) the intervenor has an interest in the
property or transaction that is the subject matter of the action, (2) the interest might be
impaired absent intervention, and (3) the existing parties will not adequately represent the
interest. Kirkes v. Lake Co. Chevrolet Cadillac, LLC, 2008 WL 4534213 at *1 (E.D. Okla.

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Case 5:07-cv-00798-L Document 191 Filed 04/26/10 Page 3 of 4

Oct. 3, 2008) (citing Alameda Water & Sanitation Dist. v. Browner, 9 F.3d 88, 90 (10th Cir.
1993)).
Both Intervenors have interests in the litigation that will be impaired unless they are
allowed to intervene. In the case at hand, there has been substantial discovery conducted.
Additionally, the Court has initially seen fit to certify the proposed class and granted
summary judgment (individually) to the Beer Plaintiffs. This Court is already familiar with
the issues in this matter. It would be a waste of resources and time for all parties including
another court to require the members of the class to initiate the process anew. Allowing Bill
Fankhouser and Tim Goddard to intervene herein would be in the best interest of everyone.
WHEREFORE, Intervenors pray for an order granting their motion for intervention.

Respectfully submitted,
s/Gary Underwood
Conner L. Helms, OBA No. 12115
Gary R. Underwood, OBA No. 9154
Darren R. Cook, OBA No. 17277
HELMS, UNDERWOOD & COOK
2500 First National Center
120 N. Robinson Avenue
Oklahoma City, Oklahoma 73102
Telephone: [phone]
Facsimile: [phone]
ATTORNEYS FOR INTERVENERS
BILL FANKHOUSER AND TIM GODDARD

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Case 5:07-cv-00798-L Document 191 Filed 04/26/10 Page 4 of 4

CERTIFICATE OF SERVICE
I hereby certify that on this 26 T H of April, 2010, I electronically transmitted the
attached document to the Clerk of Court using the ECF System for filing and transmittal of
a Notice of Electronic Filing to the following ECF registrants:
James M. Peters
Michael S. Peters
Robert A. French
Monnet Hayes Bullis Thompson & Edwards
120 N Robinson Ave
Suite 1719
Oklahoma City , OK 73102
A TTORNEYS FOR D EFENDANT
James C.T. Hardwick
Mark Banner
Hall Estill-TULSA
320 S Boston Ave
Suite 400
Tulsa , OK 74103-3708
A TTORNEYS FOR D EFENDANT
Edward L. White, OBA #16549
Martin S. High, OBA #20725
EDWARD L. WHITE, P.C.
13924-B Quail Pointe Drive
Oklahoma City, Oklahoma 73134
ATTORNEYS FOR
LADENE RAMSEY BEER
AND KATHERINE K. BOECK
s/Gary Underwood

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