Ness et al v. Samson Resources et al

Filing 88

ORDER by Magistrate Judge Charles S. Miller, Jr. granting 83 Motion to Stay; granting 84 Motion to Stay; granting 86 Motion to Stay. (BG) Distributed on 11/20/2015 (jt).

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

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

ORDER

Case No. 4:15-cv-063

On October 5, 2015, Defendant Samson Resources Investment Company (“Samson
Resources”) filed a “Suggestion of Bankruptcy.” On October 7, 2015, the court issued an order
staying the case as to Samson Resources pursuant to 11 U.S.C. § 362(a)(1) and further advising that
any party believing this case should be stayed as to any other defendant had until October 30, 2015,
to file an appropriate motion.
On October 30, 2015, Defendants Magnum Hunter Resources Corporation and Bakken
Hunter, LLC filed a motion to stay. That same day Defendants Bakken Hunter Corporation,
Bakken Hunter, LLC, and Kohlberg Kravis Roberts & Co., L.P. respectively filed motions to stay.
Approximately 20 days have passed since defendants filed their motions and plaintiffs have
yet to file responses or otherwise object to the proposed stay. Plaintiffs’ silence may, under D.N.D.
Civ. L.R. 7.1(C), be deemed an admission that the motions are well taken. In any event, as
plaintiff’s claims against Samson Resources appear to be intertwined with their claims against the
other defendants, the court concludes that a stay of the entire action is warranted. See United States

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v. Minpower Co-op, Inc., 831 F. Supp.2d 1109, 1118 (D.N.D. 2011) (opining that the trial court has
the inherent power to stay proceedings to control its docket and conserve judicial resources).
Accordingly, defendants motions for stay (Docket Nos. 83, 84, and 86) are GRANTED. The aboveentitled action shall be stayed in its entirety as to all defendants pending further order of the court.
IT IS SO ORDERED.
Dated this 20th day of November, 2015.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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