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Catron v. Colt Energy, Inc.

United States District Court, Tenth Circuit

November 13, 2013

RICHARD CATRON, individually, and on behalf of those similarly situated, Plaintiff,
v.
COLT ENERGY, INC., et al., Defendants.

MEMORANDUM AND ORDER

CARLOS MURGUIA, District Judge.

Plaintiff Richard Catron filed this case in the District Court of Wilson County, Kansas, individually and on behalf of those similarly situated. Plaintiff claims that defendants Colt Energy, Inc.; Layne Energy Resources, Inc.; Layne Energy Operating, LLC; and PostRock Midcontinent Production, LLC, successor by merger to Quest Cherokee, LLC, violated law prohibiting restraint of trade in leasing minerals in Southeast Kansas. Specifically, plaintiff claims that defendants allocated markets instead of competing. Defendants removed the case to federal court, basing removal on the Class Action Fairness Act ("CAFA"), 28 U.S.C. § 1332(d)(2). The case is now before the court on a number of motions:

• Defendants' Motion to Dismiss (Doc. 7);
• Plaintiff's Motion for Remand (Doc. 14);
• Plaintiff's Motion for Jurisdictional Discovery and Expedited Responses (Doc. 16); and
• Plaintiff's Motion to Stay Proceedings Except for Those Related to Remand and Jurisdictional Discovery (Doc. 19).

The court will address plaintiff's motion for jurisdictional discovery first.

I. Plaintiff's Motion for Jurisdictional Discovery and Expedited Responses (Doc. 16)

Plaintiff seeks remand based on the "local controversy exception" of CAFA. This exception provides as follows:

(4) A district court shall decline to exercise jurisdiction under paragraph (2)-
(A)(i) over a class action in which-
(I) greater than two-thirds of the members of all proposed plaintiff classes in the aggregate are citizens of the State in which the action was originally filed;
(II) at least 1 defendant is a defendant-
(aa) from whom significant relief is sought by members of the ...

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