United States District Court, D. North Dakota
ORDER GRANTING PLAINTIFF'S MOTION TO DEFER RULING
ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
L. Hovland, United States District Court Chief Judge
the Court is a “Motion for Summary Judgment Dismissing
Northern's Claims Because the Limitation Period
Expired” filed by EOG Resources, Inc.
(“EOG”) on July 20, 2017. See Docket No.
22. Northern Oil & Gas, Inc. (“Northern Oil”)
filed a response on August 24, 2017. See Docket No.
35. EOG filed a reply to Northern Oil's response on
September 7, 2017. See Docket No. 40. Northern Oil
also filed a motion to defer ruling on EOG's summary
judgment motion on August 24, 2017. See Docket No.
36. EOG filed a response to Northern Oil's motion for
deferral on September 7, 2017. See Docket No. 39.
Northern Oil filed a reply to EOG's response on September
14, 2017. See Docket No. 47. For the reasons set
forth below, the Court grants Northern Oil's motion for
deferral and therefore denies EOG's motion for summary
judgment without prejudice.
Oil is a Minnesota Corporation with its principal office in
Minnesota. EOG is a Delaware corporation with its principal
office in Texas. See Docket No. 1, p. 1. Northern
Oil brought this diversity action against EOG in an attempt
to quiet title to a mineral leasehold interest. See
Docket No. 1, p. 19. Northern Oil also requests the Court
declare EOG acted wrongfully when it made certain deductions
from revenue payments it owed Northern Oil, and Northern Oil
asks the Court to bar EOG from engaging in such conduct in
the future. See Docket No. 1, p. 22.
conveyances at issue have been the subject of litigation
before North Dakota state courts. See Johnson v.
Finkle, 837 N.W.2d 123 (N.D. 2013). The deed at the
center of the controversy presents a classic
Duhig scenario-a grant and a reservation, both
of which cannot be satisfied because the grantor does not own
enough minerals. Axel Anderson owned the surface and minerals
in the following property located in Mountrail County, North
Township 157 North, Range 91 West of the 5th Principal
Section 7: E1/2SE1/4
Section 8: NW1/4
Township 158 North, Range 91 West of the 5th Principal
Section 23: All
Section 24: All
Section 25: W1/2, NE1/4, ...