Cowan v. Devon Energy Corporation et al., No. 6:16-cv-00510-SPS (E.D. Ok. Nov. 8, 2017).
In this action, while granting the plaintiff’s motion to remand, a district court in Oklahoma found that in determining the six enumerated factors for the application of the discretionary exception, a ‘neutral’ factor should not weigh against remand.
The plaintiff, an oil and gas well owner, brought a putative class action in Pittsburg County, Oklahoma alleging that the defendants, operator of the well, violated Oklahoma statute that required payment of interest on delayed payment of revenue from oil and gas production. The plaintiff alleged that the defendants routinely delayed payment of production proceeds and denied owners the interest payments to which they were entitled as part of an overarching scheme to avoid its obligations under the Oklahoma Law.