Phoenix Energy, Inc. v. Breitling Royalties Corporation

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATION; denying 16 Motion to Dismiss for Failure to State a Claim; adopting 30 Report and Recommendation by Judge Daniel L. Hovland.(MM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
Phoenix Energy, Inc.,

)
)
Plaintiff,
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ORDER ADOPTING REPORT
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AND RECOMMENDATION
vs.
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)
Case No. 4:13-cv-90
Breitling Royalties Corporation,
)
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Defendant.
)
______________________________________________________________________________
The Plaintiff, Phoenix Energy, Inc. (“Phoenix”), initiated this declaratory judgment action
against the Defendant, Breitling Royalties Corporation (“Breitling”), on July 30, 2013. See Docket
No. 1. On March 3, 2014, Breitling filed a motion to dismiss for failure to state a claim. See Docket
No. 16.

The motion was referred to Magistrate Judge Karen K. Klein for a Report and

Recommendation. See Docket No. 26. On September 17, 2014, Judge Klein issued her Report and
Recommendation in which she recommended this matter be stayed in favor of a parallel state court
action pending in Texas. The parties were given until fourteen days to file any objections to the
Report and Recommendation. No objections were filed.
The Court has carefully reviewed the Report and Recommendation, relevant case law, and
the entire record, and finds the Report and Recommendation to be persuasive. Accordingly, the
Court ADOPTS the Report and Recommendation (Docket No. 30) in its entirety. Breitling’s motion
to dismiss (Docket No. 16) is DENIED. This case shall be stayed pending the outcome of the action
filed by Breitling in Dallas County, Texas. The parties shall provide the Court with a status report
in six months or upon the final disposition of the Texas action, whichever comes first.
IT IS SO ORDERED.
Dated this 7th day of October, 2014.

/s/ Daniel L. Hovland
Daniel L. Hovland, District Judge
United States District Court

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