Ness et al v. Samson Resources et al

Filing 81

ORDER STAYING CASE as to Defendant Samson Resources by Magistrate Judge Charles S. Miller, Jr. (BG) Distributed on 10/7/2015. (rh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
Mr. and Mrs. Lloyd Odell Ness,

)
)
Plaintiffs,
)
)
vs.
)
)
Samson Resources; Samson Investments; )
KKR (Kravis, Kohlberg, Roberts); Magnum )
Hunter; Bakken Hunter; ONEOK Partners; )
ONEOK; and OKS,
)
)
Defendants.
)

ORDER STAYING CASE AS TO
DEFENDANT SAMSON RESOURCES

Case No. 4:15-cv-063

On October 5, 2015, Defendant Samson Resources Investment Company (“Samson
Resources”) filed a “Suggestion of Bankruptcy” along with a copy of the voluntary petition that it
filed pursuant to Chapter 11 of the Bankruptcy Code with the United States Bankruptcy Court for
the District of Delaware.
Section 362(a)(1) provides that, upon the filing of a bankruptcy petition, all judicial and other
proceedings are stayed. See 11 U.S.C.§ 362(a)(1); see also Missouri v. U.S. Bankruptcy Court for
E.D. of Arkansas, 647 F.2d 768, 775 (8th Cir. 1981). A § 362 stay applies only to bar proceedings
against the debtor. See Fortier v. Dona Plaza Partners, 747 F.2d 1324, 1330 (10th Cir. 1984); see
also Croyden Assoc. v. Alleco, Inc., 969 F.2d 675, 677 (8th Cir. 1992). “The only except to this rule
that any of the circuits recognize seems to relate to nonbankrupt defendants in unusual
circumstances.” Croyden Assoc., 969 F.2d at 677 (quoting A.H. Robbins. Co. v. Picinin, 788 F.2d
994, 999 (4th Cir.), cert denied, 479 U.S. 876 (1986)); see also Okla. Federated Gold and
Numismatics, Inc. v. Blodgett, 24 F.3d 136, 141 (10th Cir. 1994) (“A narrow except allows a stay

1

to be imposed under section 362(a)(1) against a nonbankrupt party in unusual situations as when
there is such identity between the debtor and the third-party defendant that the defendant and the
debtor may be said to be the real party defendant and that a judgment against the third-party
defendant will in effect be a judgment or finding against the debtor.” (internal quotation marks
omitted)); In re North Star Contracting Corp., 125 B.R. 368, 370 (S.D.N.Y. 1991) (“[S]ome courts
have recognized that in circumstances where the debtor and the non-bankrupt party can be
considered one entity or has having a unitary interest, a section 362(a)(1) stay may suspend an action
against a non-bankrupt party . . . . In addition, courts have recently extended 11 U.S.C. § 362 to
include certain types of actions by or against non-debtors when such actions have a significant
impact on the bankrupt.”); Robert W. Thomas and Anne McDonald Thomas Revocable Trust v.
Inland Pacific Colorado, LLC, et. al., No. 11-cv-03333, 2013 WL 708493, at *2 (D. Colo. Feb. 26,
2013) (staying a case as to a debtor and its solvent co-defendants pursuant to § 362).
Samson Resources has filed a Chapter 11 petition with the United States Bankruptcy Court
for the District of Delaware. Consequently, this case as it pertains to Samson Resources is
STAYED. If any party believes this case should be stayed in its entirety as to all or any other
defendant, the party shall have until October 30, 2015, to file an appropriate motion and supporting
brief, including affidavit evidence if necessary, with the court. Otherwise the court will proceed to
address the pending motions as they relate to the other defendants.
IT IS SO ORDERED.
Dated this 7th day of October, 2015.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

2