VICKI MILES-LaGRANGE, Chief District Judge.
Before the Court is defendant's Motion to Dismiss and Alternative Motion to Transfer Venue, filed July 2, 2014. On July 23, 2014, plaintiff filed its response, and on July 30, 2014, defendant filed its reply. Based upon the parties' submissions, the Court makes its determination.
Plaintiff Continental Resources, Inc. ("CLR") is an Oklahoma corporation with its principal place of business in Oklahoma City, Oklahoma. Defendant Tejon Exploration Company ("Tejon") is a Texas corporation with its principal place of business in Abilene, Texas. Tejon is an oil and gas company that owns working interests and overriding royalty interests.
CLR approached Tejon about drilling a well on oil and gas leases covering certain property in two sections of land located in Dunn County, North Dakota, which are owned by Tejon, CLR, and others ("Leases"). CLR and Tejon entered a Farmout Agreement on October 20, 2009. CLR completed a producing well on or about February 6, 2010. Pursuant to the Farmout Agreement, effective February 6, 2010, Tejon assigned certain of its rights, title and interest in and to the Leases.
Following Tejon's assignment of the Leases, CLR completed additional wells on the Leases. CLR allowed Tejon to participate in the additional wells as a working interest owner and paid Tejon $2,317,161.91 for production revenue for the additional wells.
On June 9, 2014, CLR filed the instant action alleging a claim of unjust enrichment and a declaratory judgment claim against Tejon, seeking monetary damages for the alleged overpayments by CLR to Tejon as a result of CLR treating Tejon as a working interest owner instead of an owner of an overriding royalty interest. Tejon now moves this Court to dismiss this action for lack of subject matter and personal jurisdiction and improper venue.
When a court's jurisdiction is contested, the plaintiff has the burden of proving that jurisdiction exists. See ASAT Sports Sci., Inc. v. CLF Distrib. Ltd., 514 F.3d 1054, 1056 (10th Cir. 2008). "Where a district court considers a pre-trial motion to dismiss for lack of personal jurisdiction without conducting an evidentiary hearing, the plaintiff need only make a prima facie showing of personal jurisdiction to defeat the motion." Id. at 1056-57.
Intercon, Inc. v. Bell Atl. Internet Solutions, Inc., 205 F.3d 1244, 1247 (10th Cir. 2000) (internal citations omitted).
Id. (internal quotations and citations omitted). In the case at bar, CLR only asserts that this Court has specific jurisdiction over Tejon.
Benton v. Cameco Corp., 375 F.3d 1070, 1075 (10th Cir. 2004) (internal quotations and citations omitted). "A defendant's contacts are sufficient if the defendant purposefully directed its activities at residents of the forum, and . . . the plaintiff's claim arises out of or results from actions by the defendant himself that create a substantial connection with the forum state." Id. at 1076 (internal quotations and citation omitted) (emphasis in original). Further, whether a defendant has the required minimum contacts must be decided on the particular facts of each case. See id.
Additionally, "[a] contract between an out-of-state party and a resident of the forum state cannot, standing alone, establish sufficient minimum contacts with the forum." Id. at 1077. Further,
Rambo v. Am. S. Ins. Co., 839 F.2d 1415, 1418-19 (10th Cir. 1988) (internal quotations and citations omitted) (emphasis in original). Finally,
Id. at 1420 (internal quotations and citation omitted).
Having carefully reviewed the parties' submissions, the Court finds that CLR has not made a prima facie showing that this Court has personal jurisdiction over Tejon. Specifically, the Court finds that CLR has not established that Tejon has sufficient minimum contacts with Oklahoma — that Tejon purposely availed itself of the privilege of conducting activities in Oklahoma so as to submit to personal jurisdiction. CLR initiated the first contact when it approached Tejon about drilling a well on the Leases, and it was CLR's contact that led Tejon to contact CLR in Oklahoma. Additionally, the Court finds that the nature of the telephone calls, emails, and letters from Tejon to CLR do not represent an effort by Tejon to purposefully avail itself of the privilege of conducting activities within Oklahoma. Further, the Court finds a number of the facts relied on by CLR to establish jurisdiction focus on CLR's actions and not Tejon's and are not indicative of purposeful activities by Tejon at residents of Oklahoma. Finally, the basis of CLR's claims is that Tejon wrongfully retained funds sent to Tejon in Texas from CLR in Oklahoma, an alleged wrongful retention that would have occurred in Texas.
Accordingly, the Court finds that it lacks personal jurisdiction over Tejon and that this case should be dismissed.
In its response, CLR requests that it be permitted to conduct limited discovery regarding Tejon's contacts with Oklahoma should the Court determine the facts before it are insufficient to determine that Tejon possesses sufficient contacts with Oklahoma to make the assertion of personal jurisdiction over it appropriate. CLR, however, does not identify what documents or information it would seek with its requested discovery. Further, in light of CLR's arguments regarding personal jurisdiction over Tejon, the only relevant contacts would relate to communications between CLR and Tejon, communications that CLR would certainly already be aware of as it was one of the parties to the communications. Accordingly, the Court finds that CLR has not shown a need for further discovery and has not shown how it would be prejudiced by a denial of jurisdictional discovery. The Court, therefore, finds that CLR's request for discovery should be denied.
For the reasons set forth above, the Court GRANTS Tejon's Motion to Dismiss [docket no. 9] and DISMISSES this action for lack of personal jurisdiction.