Hugoton Energy Corp. v. Plains Resources, Inc.

141 F.R.D. 320, 1992 WL 45661
CourtDistrict Court, D. Kansas
DecidedMarch 5, 1991
DocketCiv. A. No. 90-1091-T
StatusPublished
Cited by3 cases

This text of 141 F.R.D. 320 (Hugoton Energy Corp. v. Plains Resources, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hugoton Energy Corp. v. Plains Resources, Inc., 141 F.R.D. 320, 1992 WL 45661 (D. Kan. 1991).

Opinion

MEMORANDUM AND ORDER

THEIS, District Judge.

Plaintiff Hugoton Energy Corporation brings this action to quiet title on various oil and gas leases located in Hamilton County, Kansas. The plaintiff, lessee of the original leases, requests a decree that new leases secured by the defendants are invalid, and an order compelling the defendants to “place of public record a release” of the new leases. The defendants have presented a motion to dismiss, pursuant to Fed.R.Civ.P. 19(b), for failure to join necessary and indispensable parties. (Doc. 4). For the reasons articulated below, the court grants the defendants’ motion to dismiss.

FACTUAL BACKGROUND

The oil and gas leases at issue were originally secured by Kansas-Nebraska Natural Gas Company, which subsequently became KN Energy. These individual leases were consolidated to form eight gas units of approximately 640 acres apiece. Plaintiff Hugoton, a corporation incorporated in Kansas, ultimately became the successor in interest, as lessee, to these gas units. The individual leases, however, have been assigned and reassigned through the years, and are currently in the ownership of numerous individuals and corporations, including Hugoton. The landowners-lessors presently comprise numerous individuals, many of whom are citizens of Kansas. These landowner-lessors have mineral ownership of the land and are entitled to royalty payments under the above leases.

All of the leases in question have shut-in royalty provisions, which extend a gas lease beyond its primary term even in the absence of actual production—by tender of shut-in royalty payments. As such, the [321]*321gas leases continue in effect through periods of non-production when a lessee timely tenders the shut-in royalty payments to the lessors.

Prior to Hugoton’s acquisition of the leases, its predecessor in interest encountered mechanical problems and was forced temporarily to shut-in the wells on the gas units for various periods of time. Some of these gas units have since been restored to production. The plaintiff claims that all the required shut-in royalty payments were properly tendered, thus maintaining the validity of these leases through constructive production.

In 1989, defendant Plains Resources (“Plains”) and certain of the landowner-lessors concluded that the old leases, which were held by the plaintiff, had expired by their own terms. Plains then engaged co-defendant Sunrise Royalty (“Sunrise”) to secure new leases on those lands covered by the gas units. Sunrise succeeded in securing new leases from most of the landowners, and subsequently conveyed the new leases to Plains. Plains then demanded the plaintiff to release all its rights, title and interest under the old leases. Hugoton responded by filing this quiet title action.

The defendants argue that the landowners-lessors whose lands are covered by the old and new leases, and the numerous owners of these leasehold estates, as lessees under the old and new leases, are indispensable parties to be joined under Fed.R.Civ.P. 19(b). Joinder of such parties, however, would destroy diversity of citizenship, upon which this court’s jurisdiction is based. The defendants argue, therefore, that the present action should be dismissed.

DISCUSSION

Under Rule 19(a), a party shall be joined, if feasible, when:

(1) in his absence, complete relief cannot be accorded among those already parties; or (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest.

If the joinder of such a person is not feasible because he is not subject to service of process or because his joinder would deprive the court of subject-matter jurisdiction, the court shall determine whether “the action should proceed among the parties before it, or should be dismissed, the absent person being thus regarded as indispensable.” Fed.R.Civ.P. 19(b). In determining whether to dismiss the action or proceed without the necessary party, the court is required to consider the following factors:

first, to what extent a judgment rendered in the person’s absence might be prejudicial to him or those already parties; .second, the extent to which, by protective provisions in the judgment, by shaping relief, or other measures, the prejudice can be lessened or avoided; third, whether a judgment rendered in the person’s absence will be adequate; fourth, whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.

Id.

The defendants contend that the landowners-lessors of the lands covering the leases at issue and the leaseholders of those leases are parties necessary for just adjudication. According to the defendants, because the plaintiff seeks a declaration that the new leases are invalid, complete relief cannot be accorded among those already parties—Hugoton, Plains and Sunrise—as any determination of title would not be binding upon the absent parties. The defendants further contend that a judgment in the absence of the landowners and leaseholders could, nevertheless, cloud their interests without giving them the opportunity to assert their rights in court, and could lead to additional litigation to protect their rights. As a consequence, argue the defendants, “a ruling on the merits of this action in the absence of these owners of other interests could subject both Hugoton and Plains to ‘a substantial [322]*322risk of incurring ... inconsistent obligations.’ ” A joinder of the landowners and leaseholders, however, is not feasible because, as both the plaintiff and defendants concede, the joinder would destroy diversity of citizenship, and thus deprive the court of subject-matter jurisdiction. The defendants go on to argue that, under the factors listed in Rule 19(b), the absent parties are indispensable parties, and that the court should, therefore, dismiss the action.

The plaintiff attempts to characterize this action as a controversy affecting only the joined parties because all the old leases have been perpetuated by the tender and acceptance of shut-in royalty payments, and consequently, the interests of the absent landowners1 will not be impaired or impeded by this action. The court finds that the plaintiff’s argument merely begs the question. The central issue in this lawsuit is whether the new leases secured by the defendants supplant the old leases held by the plaintiff due to the expiration of the old leases by their own terms. If the old leases have expired, the absent parties are entitled to benefit from the new leases; otherwise, the old leases would continue to burden the lands in question. This is an issue that impacts upon the rights of the absent landowners and leaseholders. Thus, they have a vital stake in the outcome of this action.

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Cite This Page — Counsel Stack

Bluebook (online)
141 F.R.D. 320, 1992 WL 45661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hugoton-energy-corp-v-plains-resources-inc-ksd-1991.