Choice Exploration Inc v. Gemini Insurance Company

CourtDistrict Court, N.D. Texas
DecidedDecember 17, 2021
Docket3:21-cv-01519
StatusUnknown

This text of Choice Exploration Inc v. Gemini Insurance Company (Choice Exploration Inc v. Gemini Insurance Company) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Choice Exploration Inc v. Gemini Insurance Company, (N.D. Tex. 2021).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

CHOICE EXPLORATION, INC., § PETRODOME LIBERTY, LLC, and § PETRODOME ENERGY, LLC, § § Plaintiffs, § § v. § Civil Action No. 3:21-CV-1519-X § GEMINI INSURANCE CO., BERKLEY § OIL & GAS SPECIALITY SERVICES, § LLC, and SUZANNE ROBERTS, § § Defendants. §

MEMORANDUM OPINION AND ORDER This is the Court’s second rodeo with these parties. While the parties disagree on pretty much every specific thing, they generally agree that they don’t want to be here (again). Defendant Gemini Insurance Co.’s (Gemini) filed a Motion to Transfer to send this case to the Beaumont Division of the Eastern District of Texas. (Doc. 6). The plaintiffs filed a Motion to Remand to get back to state court. (Doc. 12). For the reasons explained below, the Court agrees with Gemini and GRANTS the motion to transfer. The motion to remand remains pending. I. Factual Background This lawsuit stems from a very bad week the Kent Spradley #1 Well in Liberty County had back in September of 2015. At that time, Gemini insured the well under Section IA for costs to bring the well under control and under Section IB for costs to plug, restore, or redrill the well. Oil and litigation flow freely in Texas. Oil flowed uncontrollably at the Kent Spradley #1 well and the litigation followed.1 In December 2020, Choice Exploration, Inc. (Choice) sued Gemini in Dallas

County state court under section IA (well control costs) and sought damages of less than $30,000. In April 2021, Gemini sued Choice in the Eastern District of Texas for a declaratory judgment on its policy obligations under Section IB (reworking/redrilling costs). On June 8, 2021, Choice amended its state court petition to, among other things, add claims under Section IB and increase claimed damages to over $1 million. That case is this case, which Gemini removed once the amount in

controversy exceeded the federal threshold for diversity jurisdiction. On June 10, 2021, Choice moved to dismiss the Eastern District case on the basis of Brillhart abstention.2 And in this case, Choice moved to remand to state court and Gemini moved to transfer to the Eastern District, where the related case is pending. II. Motion to Transfer First, the Court must address order of operations on the motions to remand

and transfer. There is no rule, statute, or binding judicial decision on which motion the Court must take up first.3 A former magistrate judge of this Court (who happens

1 This Court handled a prior round of litigation on Section IB, concluding the parties had a duty to undertake good faith negotiations for well repair. See Gemini Ins. Co. v. Choice Exploration, Inc., No. 3:18-CV-01393-X (N.D. Tex.) (Starr, J.). 2 Motion to Dismiss (Doc. 7), Gemini Ins. Co. v. Choice Exploration, Inc., No. 1:21-CV--00205- MJT. 33 See Gould v. National Life Ins. Co., 990 F. Supp. 1354, 1362–63 (M. D. Ala. 1998) (“Indeed, there is no federal law or statute, or judicial decision, that requires this court to decide a motion to remand before it decides a motion to transfer.”). to be the mediator on this case) once took up a transfer motion first.4 That judge, as well as others, have found this order particularly important when (as here) the transferee federal court has a related suit.5 Even without a related suit waiting in

the transferee federal court, the logic of handling the motion to transfer first is sound. The two questions in these two motions are: (1) does this case belong in state or federal court, and (2) if it belongs in federal court, which federal court should it be in? Sure, this Court could jump right into the question of whether this is a federal case. But if this federal court is not the right federal court, what business does this Court have in deciding that issue? The Court believes that the more appropriate role is first

to decide if it is the right federal court.6 If it is the right federal court, the Court will proceed to decide if remand is appropriate. And if it is not the right federal court, this Court will transfer it to the right Court, which can rule on the motion to remand. A. Legal Standard for Transfer Motions Section 1404(a) provides that a case may be transferred: “[f]or the convenience of the parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or

to any district or division to which all parties have consented.”7 The Court must

4 Doubletree Partners, L.P. v. Land Am. Title Co., No. 3-08-CV-1547-O, 2008 WL 5119599, at *2 (N.D. Tex. Dec. 3, 2008) (Kaplan, M.J.). 5 Id.; see also Huntsman Corp. v. Int’l Risk Ins. Co., No. 1:08-CV-029, 2008 WL 1836384 at *3 (E.D. Tex. Apr. 22, 2008). 6 Choice and the other plaintiffs contend this Court must first decide if there is federal jurisdiction (i.e., the motion to remand). Sure, some courts take this approach. But if this Court isn’t the right federal court, it shouldn’t be deciding if there is federal jurisdiction. 7 28 U.S.C. §1404(a). “evaluate both the convenience of the parties and various public-interest considerations[,] . . . weigh the relevant factors and decide whether, on balance, a transfer would serve the convenience of parties and witnesses and otherwise promote

the interest of justice.”8 The private interest factors are: “(1) the relative ease of access to sources of proof; (2) the availability of compulsory process to secure the attendance of witnesses; (3) the cost of attendance for willing witnesses; and (4) all other practical problems that make trial of a case easy, expeditious and inexpensive.”9 And the public interest factors are “(1) the administrative difficulties flowing from court congestion; (2) the local interest in having localized interests decided at home;

(3) the familiarity of the forum with the law that will govern the case; and (4) the avoidance of unnecessary problems of conflict of laws [or in] the application of foreign law.”10 B. Analysis Gemini contends the public and private factors weigh in favor of a transfer. Choice responds that (1) Gemini is estopped from protesting venue because it litigated in Dallas for years in the prior suit without protesting venue; (2) Gemini

waived the venue argument by not filing a special appearance or challenge to the jurisdiction in state court before answering; and (3) the public and private factors weigh against a transfer. The Court agrees with Gemini.

8 Atl. Marine Const. Co., Inc. v. U.S. Dist. Court for W. Dist. of Tex., 571 U.S. 49, 62–63 (2013) (cleaned up). 9 In re Volkswagen of Am., Inc., 545 F.3d 304, 315 (5th Cir. 2008) (cleaned up). 10 Id. (cleaned up). As an initial matter, the Court must address Choice’s two threshold arguments. The first is that Gemini never protested venue here in the prior suit and is estopped from doing so now. Choice never cites a case for this proposition, and the

Court finds the argument unavailing. Estoppel is an equitable remedy, but transfers to other federal courts are governed by statute (28 U.S.C. § 1404). This Court will not use a general equitable defense to override Congress. Choice’s second threshold argument is that Gemini’s state court answer waives its jurisdictional argument. In support, Choice relies on Wilstead v. Comer.11 In Wilstead, the Northern District explained the two steps in arriving at such a

situation.

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Related

Gould v. National Life Insurance
990 F. Supp. 1354 (M.D. Alabama, 1998)
West v. City National Bank of Birmingham
597 S.W.2d 461 (Court of Appeals of Texas, 1980)
In re Volkswagen of America, Inc.
545 F.3d 304 (Fifth Circuit, 2008)

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Bluebook (online)
Choice Exploration Inc v. Gemini Insurance Company, Counsel Stack Legal Research, https://law.counselstack.com/opinion/choice-exploration-inc-v-gemini-insurance-company-txnd-2021.