Appendix — Olson v. Continental Resources Resources, Inc. (No. 07-1405)

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APPENDIX A

NOT FOR OFFICIAL PUBLICATION

IN THE COURT OF CIVIL APPEALS OF THE

STATE OF OKLAHOMA

DIVISION II FILED

ROBERT OLSON COURT OF CIVIL

Plaintiff / Appellant,

APPEALS

STATE OF

OKLAHOMA

OCT 30 2007

MICHALE S.

RICHIE

CLERK

VS.

CONTINENTAL RESOURCES,

INC., HAROLD HAMM,

TOM LUTTRELL,

DAVIS OPERATING

COMPANY, & WILLIAM

H. DAVIS,

Defendants /

Appellees

CASE NO.

102398

A a _ A ae a a a a a a

APPEAL FROM THE DISTRICT COURT OF

BLAINE COUNTY, OKLAHOMA

HONORABLE RONALD G. FRANKLIN,

TRIAL JUDGE

SUMMARILY AFFIRMED UNDER

RULE 1.201

Robert Olson

‘Tulsa, Oklahoma

and

Julia C. Riemanb

Glenn A. Devoll

GUNGOLL, JACKSON, COLLINS,

BOX & DEVOLL, P.C.

Enid, Oklahoma

and

Robert B. Sartin,

Adam K. Marshall

BARROE & GRIMM, P.C. For Defendants /

Tulsa, Oklahoma Appellees

OPINION BY JANE P. WISEMAN, JUDGE:

Plaintiff Robert Olson appeals the trial court's

denial of his motion for a new trial on the trial

court's previous order of dismissal of his claims

against defendants Davis Operating Company and

William H. Davis. He also appeals the trial court's

grant of summary judgment to the remaining

defendants, Contintal Resources, Inc., Harold

Hamm, and Tom Luttrell. After review of the

record! and applicable law, we summarily affirm

the trial court's orders pursuant to Oklahoma

Supreme Court Rule 1.201, 12 O.S. 2001, Ch 15,

app. l.

1. The issues were fully briefed in the trial court, and

Olson's request to file an appellate brief pursuant to

Oklahoma Supreme Court Rule 1.36(g) is therefore

denied A2

Olson contends that the present case, Blaine

County District Court Case No. CJ-2004-121, isa

refiling under 12 O.S. 2001 § 100 of Blaine County

District Court Case No. CJ-2002-151. The

procedural history of Case No. CJ-2002-151 as it

relates to this case is set forth in Olson v. Continental

Resources, Inc., 2007 OK CIV APP 90, P.3d

(Olson ID) in which another division of this court held

that Olson's claims had previously been raised,

adjudicated against him, appealed, and affirmed in

Olson v. Continental Resources, Inc., 2005 OK CIV

APP 13, 109 P.3d 351 (Olson J).

In Olson IT, the Court of Civil Appeals held that

"{uJnder the doctrine of issue preclusion, [Olson} is

estopped from relitigating in this case [CJ-2002-

151] the same issue that was finally adjudicated in

the prior proceeding [Olson J]. The mandate has

issued in Olson IJ, and that opinion is final. Olson

characterizes the present case as a refiling of

CJ-2002-151 under 12 O.S. 2001 § 100; however,

that previous case has been finally adjudicated on

the merits, t.e., summary judgment was granted to

the defendants and affirmed on appeal.

Although Olson argues otherwise, the granting

of summary judgment under Rule 13 of the rules for

District Courts is a judgment on the merits of

A3

Olson's claims ” ,and the affirmance of that

summary judgment in Olson J precludes Olson from

raising any claims that were litigated or could have

been litigated either in the previous case °(CJ-

2002-151) or in a refiled lawsuit (CJ-2004-121)

raising the same claims as the previous case.

The Court of Civil Appeals in Olson IT concluded

that the claims in CJ-2002-151 were precluded by

Olson I. The claims in the present case, CJ-2004-

121, are the same claims refiled under a new case

2.

“A motion for summary judgment is a request for an

adjudication on the merits. ' Since summary judgment is

an adjudication on the merits, affirmative defenses that

go to merits can be raised by this motion.' ' The main

purpose of summary judgment is to avoid useless trials

and at the same time achieve a final determination on the

merits.’ " Union Oil Co. of California v. Board of

Equalization of Beckham County, 1996 OK 40, perf 10,

913 P.2d 1330, 1333 (citations omitted).

3.

See State of Oklahoma ex rel Moshe Tal v. City of

Oklahoma city, 2002 OK 97, pgrf 20, 61 p.3d 234, 245

("Claim preclusion bars relitigation by parties or their

privies of issues which either were or could have been

htigated in a prior action which resulted in a prior

judgment on the merits.").

A4

number and are likewise precluded.

Under Rule 1.201 of the Supreme Court Rules : ;

if a prior controlling appellate decision is dispositive

of an appeal, this Court may summarily resolve the

appeal, citing this rule and the controlling decision.

The decision in Olson IJ is controlling and dispositive

here and requires this Court to summarily affirm

the trial court's orders in the present case pursuant

. to Rule 1.201, 12 O.S. 2001, ch 15, app.1.

SUMMARILY AFFIRMED UNDER

RULE 1.201.

RAPP, C.J., AND FISCHER, P.J., concur.

October 30, 2007

Rule 1.201 provides in pertinent part: :In any case

in which it appears that a prior controlling appellate

decision is dispositive of the appeal, the Court may

summarily affirm or reverse, citing in its order of

summary disposition this rule and the controlling

decision."

A5

APPENDIX B

[IN THE COURT OF CIVIL APPEALS

STATE OF OKLAHOMA

DIVISION II FILED

COURT OF CIVIL APPEALS

STATE OF OKLAHOMA

DEC 11 2007

MICHAEL S. RICHIE

CLERK

THE CLERK IS DIRECTED TO NOTIFY ALL

PARTIES OF THE FOLLOWING ORDER(S):

102,398 ROBERT OLSON, Plaintiff / Appellant, V.

CONTINENTAL RESOURCES, INC.,

HAROLD HAMM, TOM LUTTRELL,

DAVIS OPERATING COMPANY &

WILLIAM H. DAVIS,

Defendants / Appellees.

. Appellant's Motion to submit two points

of clarification, filed November 21, 2007,

is granted.

Appellant's Petition for Rehearing, including

clarifications in Appellant's motion of

November 21, 2007, is denied.

ALL JUDGES CONCUR.

SO ORDERED this 7th day of December, 2007.

s\ John F. Fischer

JOHN F. FISCHER

Presiding Judge, Division II

APPENDIX C

FILED

SUPREME COURT

STATE OF OKLAHOMA

FEB 11 2008

MICHAEL S. RICHIE

CLERK

IN THE SUPREME COURT OF THE

STATE OF OKLAHOMA

MONDAY, FEBRUARY 11, 2008

THE CLERK IS DIRECTED TO ENTER THE

FOLLOWING ORDERS OF THE COURT

102,398 Robert Olson v. Continental Resources,

Inc., et al

Petition for certiorari is denied.

CONCUR: DINCHESTER, C.J.,

Edmondson, V.C.J., Hargrave, Opala,

Wa*t, Taylor, Colbert, Reif, J.J.

DISSENT: Kauger, J.

103,480 Regina Justice, mother and next friend

of Wyatt Justice, a minor v. Life-Stat

Ambulance Service, an Oklahoma

corporation

Petition for certiorari is denied.

CONCUR: Winchester, C..J.,

Edmondson, V.C.J., Hargrave, Opala,

Kauger, Watt, Taylor, Colbert, J.J.

DISSENT: Reif, J.

APPENDIX C

103,601

103,912

104,078

Dale Staton and Carolyn Staton,

husband and wife v. The Guarantee

State Bank of Mangum, Oklahoma

Petition for certiorari is denied.

CONCUR: Edmondson, V.C.d.,

Hargrave, Opala, Kauger, Watt,

Colbert,Rief, J.J.

Dissent: Winchester, C.J., Taylor, J.

Alicia Chambers v. JB Tarkington and

William Eugene Tarkington, Trustee

or their successors in trust, etc.

Petition for certiorari is denied.

CONCUR: Winchester, C.d.,

Edmondson, V.C.J., Hargrave, Kauger,

Watt, Taylor, Reif, J.J.

DISSENT: Opala, Colbert, J.J.

Regina Justice, mother & next friend

of Wyatt Justice, a minor v. Life-State

Ambulance Service, an Oklahoma

corporation and Scottsdale Insurance

Company

Petition for certiorari is denied.

CONCUR: Winchester, C.J.,

Edmondson, V.C.J., Hargrave, Opala,

Kauger, Watt, Taylor, Colbert, J.J.

DISSENT: Reif, J.

s\b Edmondson

VICE CHIEF JUSTICE

APPENDIX D

IN THE COURT OF CIVIL APPEALS OF THE

STATE OF OKLAHOMA

DIVISION II

ROBERT OLSON

Plaintiff/Appellant,

) Filed Nov 8,

)

VS )

)

)

2007

Case No.

102398

CONTINENTAL RESOURCES,

INC., HAROLD HAMM, TOM

LUTTRELL, DAVIS OPERATING)

COMPANY & WILLIAM H. ’ District Court

DAVIS ) Case No.

Defendants/Appellees. ) CJ-2004-121

PETITION FOR REHEARING, And

Motion for Summary Reversal under Supreme

Court Rule 1.201, Second Paragraph; Citing

prior Controlling decision Fellows v. Owens,

178 Okla. 224, 1936 OK 722, 62 P.2d 1215

And filed within 10 days.

COMES NOW, the plaintiff/Appellant, Robert

Olson, and petitions the Court to reconsider its

decision of October 30, 2007 for the following

reasons.

1. The Summary Judgment filed on August 11,

2003 was procurred by fraud, both intrinsic and

extrinsic, perpetrated by the Defendants. Both

D1

intrinsic fraud and extrinsic fraud are sufficient to

attack a summary judgment that has been final

and appealed. Patel v. OMH Medical Center, Inc.

1999 OK 33, 987 P.2d 1185, Sadberry v. Hope, 1968

OK 107, 444 P.2d 175. Asummary Judgment that

contains "Conclusions of Law" that do not apply to

the factual situation on the ground and that was

procurred by fraud, Cannot Be dispositive. The prior

appellate decision, Olson v. Continental Resources,

Inc., 2005 OK CIV APP 13, 109 P.3d 351 (Olson J)

which contained a false statement claiming Olson

attached no supporting evidentiary materials

whatsoever, (Olson I, page 5, #102933 Record pg

1037 (Record)), repeated and quoted the cquivocal

word "probable" (Olson I, Record pg 1037) in support

of the summary judgment and applied primary lease

term (before production) oil and gas Case Law to an

established oil and gas production situation,

Cannot Be dispositive

2. The April 13, 2007 Opinion by Judge Bell,

Olson v. Continental Resources, Jnc., 2007 OK CIV

APP 90, __P.3d__ ,( Olson II), also contains a false

statement of fact on page 3 therein: "Plaintiff's

pleadings were based on alleged inappropriate ex

parte communications between opposing counsel

and Judge Franklin, about which Plaintiff knew

during the original trial proceedings." (emphasis

by Plaintiff/Appellant) This statement is startling

false! I, the Plaintiff/Appellant did not know

LD 2

anything was wrong until I read Defendants’

application for attorney fees which was filed four

days after the Summary Judgment Order was filed.

That application included an entry for preparing a

highlighted notebook for the Judge.

3. Plaintiff refiled the case as Blaine County

DistrictCourt Case CJ-2004-121 in time to beat the

one-year statute limitation under 12 O.S. 2001

Section 100. The filing of CJ-2004-121 and the

requested recusal of Judge Franklin brought forth a

hearing before Judge Ray Dean Linder (Record,

Linder January 13, 2005 Transcript) and the

Affidavit of Ms. Julis C. Rieman (Record pg 1577,

1578) describing the extent of her actions and the

extent of the prepared, highlighted Case Summary

Notebook and admitting the clandestine ex parte

nature of the hand delivered Notebook to Judge

Franklin. In Olson IJ, Judge Bell admits that

opposing counsel did not provide Plaintiff with a

copy of the Notebook. The Affidavit of Ms. Julia C.

Rieman admits the Notebook contained copies of

selected opinions, highlighted and indexed to their

briefs. Highlighting and indexing is a way to focus

the Judge's attention and influence the Judge's

opinion. This kind of legal assistance to the Judge

is defined as fraud against the party who receives

no notice and has no opportunity to respond; thus

depriving the un-noticed party of a fair trial.

Fellows v. Owens, 178 Okla. 224, 1936 OK 722,

62 P.2d 1215, 1218.

D3

This is an admission by Judge Bell that

opposing counsel violated Rules 3.5(a), 3.5(b), 8.4(a)

and 8.4(f) of the Rules of Professional Conduct,

Title 5, Chapter 1, Appendix 3-A and that he is

willing to overlook those violations. The Affidavit of

Ms. Julia C. Rieman (Record pg 1577, 1578) shows

Judge Franklin accepted the legal assistance Case

Summary Notebook. When Judge Franklin

accepted the Case Summary Notebook, that

Notebook officially became a document of the case

CJ-2002-151. That Notebook amounts to an extra,

Cliffs Notes style summary brief to the Judge that

the agrieved party did not have the opportunity to

respond to. That is fraud and deprives the agrieved

party of a fair trial.

4. When Judge Franklin accepted the

substantive, ex parte Case Summary Notebook, he

violated Canons 3B(6), 3B(6)(a) and 3B(6)(b) of the

Code of Judicial Conduct, Title 5, Chapter 1,

Appendix 4. When Judge Franklin threw away the

only (and unrecorded) copy of the Cliff's Notes style

Case Summary Notebook, he violated O.S. Title 21

Section 461, covering the destruction of court

documents. (Transcript, Judge Franklin, June 17,

2004, Pg 6, Record pg 1543, 1544). In Olson I,

Judge Bell is willing to overlook these judicial

violations of the rules which deprived the Plaintiff

of a fair trial.

None of the judges who looked at any stage of

D 4

either CJ-2002-151 or CJ-2004-121 seem to have

any understanding of oil and gas law. Canon 3B(1)

of the Code of Judicial Conduct says the judges

should be faithful to the law and maintain

professional competence in it. A judge should not

take an attorney's word for what the law really is.

Whether the fraud is actionable, actual or

constructive is immaterial; it is still fraud. Patel,

supra.

5. The filing of Blaine County District Court

Case No. CJ-2004-121 flushed out the proof of the

individual fraud perpetrated against the Plaintiff.

The pursuit of Case CJ-2004-121 also brought out

that the practice of attorneys providing judges with

clandestine ex parte legal assistance is

commonplace in Oklahoma. (Oklahoma Appeal

# 102933 Record, Judge Linder Transcript of

January 13, 2005, pages 32 and 33, 50; and Record

pg 1592 - 1594) (Linder Transcript). This is Insider

Law and is as fraudulent on the public as insider

trading on the stock market. The public does not

know about Insider Law but is aware of the

increased injustice. Figure 1 is a chart of Oklahoma

Supreme Court Case Numbers vs years. After

attorney legal assistance to the judge was declared

fraud in 1936, the increase in case load stabilized

until about 1975. When the Courts started to use

the summary judgment process to reduce case load

in about 1975 and Oklahoma District Court Rule

D5

13 was adopted in November 1984, the Supreme

Court Case Load dramatically accelerated. This is

the public's response to the injustice of the present

summary judgment process. In the January 13,

2005 Judge Linder Transcript, page 50, Judge

Linder testified from the bench that he had been a

judge for 37 years and testified he had seen

thousands of the Case Summary Notebooks and the

practice is quite commonplace. So the time frame

of the attorney ‘clandestine ex parte legal assistance

to the judge' fraud corresponds to the dramatic

increase in Supreme Court Case Load from about

1975 to the present. Almost all the entire careers of

all the judges in Oklahoma have proceeded under

the umbrella of the Insider Law Fraud. The symbiotic

relationship with the attorneys takes work load off

the judges' shoulders. This creates bias.

Who is to know ?

6. So, the espoused Court policy on summary

judgments (Judge Wiseman's Opinion of October 30,

2007, Case No. 102,398, Page 3, footnote 2) has

backfired for the last 30 years. Fair trials are never

useless; all contentions can be fully aired. The

present summary judgment process is subject to

manipulation by the common practice of attorneys

clandestinely providing judges with substantive, ex

parte Cliff's Notes style Case Summary Notebooks

to guide and influence the judge's decision with no

notice to the opposing party and no record. This

D6

deprives the un-noticed party of having a fair trial

and an impartial judge.

7. Every act of every Oklahoma Court proceeding

subsequent to the fraud is tainted by the fraud. By

refusing to allow me, the Appellant, to brief my side

of the case to the Court, the court is depriving me,

the Appellant, the opportunity to fully and fairly

present my side of the case to the Court; and as

importantly, to the record. I am due a jury trial and

the Court is depriving me of my rights to a fair trial

before an impartial judge, as is guaranteed under

the Fourteenth Amendment of the United States

Constitution. Somewhere, the search for substantial

justice must superceed the current failed summary

judgment policy.

8. Motive: In May of 2000, Continental

Resources petitioned the Oklahoma Corporation

Commission for an increased density well in the

Matli #1-17 well Section 17, T16N-R11W, Blaine

County, Oklahoma. (Record pg 1583) In the course of

that petition, Continental Resources, Inc., valued my

1.5% override at $ 937,125.00 at $5.25 per MCF gas

price. The working interest split in ownership of the

Old Leases (and the New Leases) was ~52%

Continental Resources and ~48% Davis Operating

Company, ct al. (Settlement Agreement Letter,

Record pgs 1565 - 1568). The split of the value of

my override allowed Davis Operating Company to

pay off its debt to Continental Resources, Inc. of

D7

more than $24,849.43 with no out-of-pocket expense.

(Settlement Agreement Letter, pgrf 1 and 5).

9. The Court is not able to write an Opinion that

says:

State Commissioners of Land Office of Said State v.

Amoco Production Company, Oklahoma Appeal

# 53462, February 2, 1982, Okl., 645 P.2d 468,

referencing Godfrey v. McArthur, 186 Okl. 144, 96

P.2d 322, 325 (1939), (Record pg 1488, 1490, 1491),

which says:

"After production is found in time to preserve

the lease, the question with reference to its

extension and operation over all the premises

described therein is one of diligent and proper

development according to the covenants

contained in the lease; it is a question of

forfeiture, not one of expiration."

is not applicable because ... .

b. Stewart v. Amerada Hess Corporation,

Oklahoma Appeal # 51254, # 51255, 604 P.2d 854

(Okla. 1979) Key Mines and Minerals 78.1(8), 260

k 78.1(8), which says:

“Where oil and ga: lease contains habendum

clause providing that the lease is to remain in

force after the primary term for as long

thereafter as oil or gas is produced, under no

circumstances will cessation of production in

D8

err Oe re ~ TT

paying quantities ipso facto deprive the lessee

of his extended-term estate.

(bold by Plaintiff herein)

And {II, page *858, [5][6][7]}, (Record pg 1502)

is not applicable because ... .

c. Caudle v. Brannon, 176 Okla. 394, 56 P.2d

131 (1936), which says:

"Lessee-sublessor entitled to recover overriding

royalty on production despite attempted

release of lease by sublessee to lessor."

is not applicable because ... . (Please see Exhibit 7,

Oklahoma Appeal # 102933, Record pg 1536.)

d. Phillips Petroleum Co. v. Taylor, 115 F.2d

726, 116 F.2d 994, 995, 996, 61 S. Ct. 941 (Mem),

313 U.S. 565, 85 L. Ed. 1524 , (Oklahoma Appeal

No. 102933 Record pgs 1633 - 1641)

which says:

"The law requires an assignee who stands in the

shoes of his lessee-assignor, to do that which an

ordinary prudent operator would do under the

circumstances, having due regard for the

interests of all parties. - - - - For the protection

of the lessor, the law imposes upon the assignee

the duty, when he drills, to exercise reasonable

prudence solely in order to prevent loss to the

lessor of that which is rightfully his, be the loss

by @rainage or refusal to capture or surrender of

the lease. This duty, where not expressed, is

D9

imposed by implied covenant ." (Record pg

1636) (bold by Plaintiff herein) and

"The lessee-assignor of an oil and gas lease,

retaining an overriding royalty, payable out of

the first oil and gas produced, as sole

consideration for the assignment of the lease

and the oil field equipment, was entitled to the

benefit of an implied covenant by the assignee

to protect against drainage."

/

is not applicable because... .

e. Cain v. Neumann, 316 S.W.2d 915, Citing

Cole v. Philidelphia Company 345 Pa 315,

26 A.2d 920, 923 held:

"That a surrender of an old lease in exchange for

a new lease when there was production under

the terms of the old leases, did not destroy the

rights of others claiming under the old lease.

‘Would anyone contend that a lessee could be

heard to say, even in writing, that he

surrendered a lease while he at the same held

the premises and continued to operate ? ...'

In other words, even if there were an express

surrender clause, non-production must be the

fact, not a mere recital. "

(Record pg 1644) and

"Appellants, before the 1953 lease, owned

property rights under the clear terms of the

1918 lease. They did not surrender that

ownership, and so long as production continued,

nobody else could." (Record pg 16435)

is not applicable because... .

f. Danne v. Texaco Exploration and Production,

Inc., (Okla. App Div 2, 1994), 1994 OK CIV APP

138, 182 Oul and Gas Rep. 623, 883 P.2d 210,

which says:

“"Habendum clause in oil and gas lease is estate

on condition subsequent creating only right of

entry in grantor; with such estate, grantor must

bring action to cause forfeiture of estate." and

“Anderson v. Talley, 199 Okla. 491, 187 P.2d 206

(1947), the court ruled: "[b]y the receipt of the

[royalty] payments, the lessor clearly and

definitely recognized the existence of the lease

long after the breach. We conclude the lessor

waived the breach of the lease which the lessees

had committed and that plaintiff is not entitled

to cancellation of the lease therefor." "Jd. 187

P.2d at 208" (Record pg 1659)

is not applicable because ...

D 11

g. Hudspeth v. Schmelzer, 182 Okla. 416, 1938

OK 161, 77 P.2d 1123 which says:

"The essential requisite of abandonment of oil

and gas lease is an intention on part of lessee to

relinquish his interest in premises, ..." (Record

pg 1663) and

h. Blackwell Oil and Gas Co. et al. v. Whited, 81

Okla. 45, 1921 OK 8, 196 P. 688, which says:

"To constitute abandonment in respect of an oil

and gas lease there must be a concurrence of the

intention to abandon and an actual

relinquishment of the property, so that it may

be apprepriated by the next comer." (Record pg

1673)

are not applicable because ... .

9. The Intrinsic Fraud

Continental Resources, Inc. filed a release of

"all right title interest" for Section 17, TI6N-R11W,

Blaine County, Oklahoma. The Old Leases, with

my override, were valid paying leases at the time of

filing the release. Therefore, that release is a filing

of a false document of title.

10. Fiduciary Duty

Continental Resources, Inc. owes the

Plaintiff/Appellant Fiduciary Duty through three

circumstances: (1) Continental Resources, Inc. had

absolute and complete control of paying the override

proceeds to the Plaintiff, and (2) The assigned

override is effective from first production, which

means when production is first established, the

assigned override is converted into a vested mineral

estate. That estate cannot be extinguished by a

mere recital of surrender; Production must be totally

absent. That is not the case here! And (3) By

Contract; The override herein, assigned from the

base leases, before production was established,

vested by production, effective from first production,

has title superiority. That assignment came about

as part of the employment contract. Proof is the

assignment. When participants join the venture,

they explicitly agree to pay, or cause to be paid, the

override, because participation is subject to

the Net Revenue. Proof is the division order. By

this, the override is a third party creditor

beneficiary of the participation agreement. When

Continental Resources, Inc. acquired its ~52%

interest, as an assign Continental Resources is

bound by the previous stipulations and agreements.

The Operating Agreement outlines how the

participants will carry out and fulfill their

D 13

obligations, with one entity representing the group.

So, by extension, the vested override is a third party

creditor beneficiary of the Operating Agreement and

is due Fiduciary Duty from the Operator.

11. Summary Judgment

Defendants were never entitled to summary

judgment as a matter of law.

PRAYER

The Plaintiff/Appellant prays the Court wi!

reappraise the law behind this case and allow an

oral hearing before a Supreme Court referee and

remand this case back to Blaine County for an

actual jury trial.

Respectfully submitted,

s\ Robert Olson

Robert Olson

9022 E 60th St

Tulsa, Oklahoma 74145

918 252 1987

D 14

Judges will have to answer in court, on the record,

whether they will accept the clandestine, ex parte

substantive Cliffs Notes style case summary

notebooks

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Judges will have to answer in court, on the record,

whether they will accept the substantive,

clandestine, ex parte Cliffs Notes style Case

Summary Notebooks.

The Oklahoma Supreme Court Case Load vs

Years Chart appears in proper size and font

as Appendix

CERTIFICATE OF MAILING

I hereby certify that on this

8th day of

November, 2007, a true and correct copy of the above

and foregoing instrument was mailed via first class

mail with proper postage fully prepaid thereon to:

Robert B. Sartin

Barrow & Grimm,

P.C., 610 South

Main, Suite 300

Tulsa, Oklahoma

74119-1248

118 584 1600

Attorneys for

Defendants Davis

Operating Company,

William H. Davis

Blaine County

Court Clerk

212 N. Weigle

Watonga,

Oklahoma 73772

Glenn A. Devoll

Julia C. Rieman

Gungoll, Jackson, Collins,

Box, & Devoll, P.C.

P.O. Box 1549

Enid, Oklahoma 73702

580 234 0436

Attorneys for Defendants /

Appellees Continental

Resources, Inc., Harold

Hamm and Tom Luttrell

s\ Robert Olson

Robert Olson

9022 E 60th St

Tulsa, Oklahoma 74145

918 252 1987

D 16

APPENDIX E

IN THE SUPREME COURT OF THE FILED

STATE OF OKLAHOMA ec gy

ROBERT OLSON ) arereor

Plaintiff/Appellant, ) OKLAHOMA

vs ) JAN -2, 2008

CONTINENTAL RESOURCES, INC.,) MICHAELS.

HAROLD HAMM, TOM LUTTRELL, ) RICHIE

DAVIS OPERATING COMPANY & ) CLERK

WILLIAM H. DAVIS ) Case No.

Defendants/Appellees. ) 102398

PETITION FOR A WRIT OF CERTIORARI

COMES NOW the Appellant, Robert Olson,

and petitions the Court for a Writ of Certiorari

from the Oklahoma Court of Civil Appeals Court,

Division II, decision in Case #102,398, filed on

October 30, 2007. A timely Petition for Rehearing

was filed by certified U.S. mail, return receipt

requested on November 8, 2007. This Petition for

Rehearing was filed within 10 days to comply with

the second paragraph of Supreme Court Rule 1.201,

12 O.S. 2001, Ch 15, App. 1, and stated that the

prior controlling decision applicable to summary

disposition is Fellows v. Owens, 178 Okla. 224,

1936 OK 722, 62 P.2d 1215, which states that

clandestine, ex parte legal assistance, helping the

judge make his decision, without notice to the

other party is fraud on the party not given notice.

E 1

Misrepresentations by the Courts

i. Appellant's Petition for Rehearing was

denied by the Oklahoma Court of Civil Appeals,

Division II, by Judge F. Fischer, Presiding Judge,

Division II, filed December 11, 2007. This denial

of rehearing stated Plaintiff filed his Petition for

Rehearing on November 21, 2007. This

misrepresentation by the Court would imply

Plaintiff had filed his Petition for Rehearing out of

time, which would be reason to deny the Petition

for Rehearing. A timely request for correction has

been filed.

This is not the first instance of this type of

misrepresentation by the Courts, detrimental to the

Appellant, in Plaintiff / Appellant's litigation to try

to recover his stolen, income producing property, in

Blaine County District Court Cases CJ-2002-151

and CJ-2004-121; and the appeals therefrom.

Misrepresentation 2. When a Judge takes the

bench he represents to the world that he is

honorable and that he will follow the law and live

up to the Code of Judicial Conduct. When Judge

Franklin accepted the clandestine, ex parte Case

Summary Notebook from Defendants' counsel,

(# 102398 Record Index 12, Exhibit B), he violated

Canon 3B(6)(a) and Canon 3B(6)(b) of the Code of

Judicial Conduct. When Judge Franklin did not

record the Case Summary Notebook and did not

order a copy be provided to the Plaintiff, Judge

Franklin violated Canon 3B(6)(b) of the Code of

E 2

Judicial Conduct. When Judge Franklin threw away

the only copy of the Case Summary Notebook, Judge

Franklin violated O.S. Title 21 Section 461

(# 102398 Record Index 8; Index 12 Exhibit C).

Misrepresentation 3. Court of Civil Appeals,

Division III, Judge Carol M. Hansen stated in her

Opinion in Case #99704, filed February 17, 2004,

that the Plaintiff submitted "no evidentiary

materials whatsoever" attached to his motion to

deny Defendants’ motions for summary judgment.

( Case # 102,398 Record Index 4, Exhibit 1, Page 5;

Index 6, Exhibit 5.) This statement is entirely false.

( Case # 102,398 Record Index 6, Exhibits 7, 8.).

Judge Hansen affirmed the trial court's summary

judgment Order "BECAUSE Olson submitted no

evidentiary materials establishing a material issue

of fact." Judge Hansen affirmed against Plaintiff /

Appellant because of that judicial

misrepresentation that is the basis of the Opinion

in Case # 99704, against the Appellant. The

Courts were informed of this misrepresentation

but took no corrective action.

Misrepresentation 4. In Judge Hansen's

Opinion of February 17, 2004, in Case # 99704,

Judge Hansen applied oil and gas lease primary

lease term case law to a secondary lease term

situation and approved using the word "probable"

in a summary judgment. In doing so, Judge

Hansen violated Canon 3B(1) of the Code of Judicial

Conduct by not remaining cognizant of the law.

E 3

Misrepresentation 5. Oklahoma Court of Civil

Appeals, Division I, Judge Robert Dick Bell, in his

Opinion in Case # 102933, filed April 13, 2007,

stated in Paragraph 4, that " Plaintiff's pleadings

were based on alleged inappropriate ex parte

communications between opposing counsel and

Judge Franklin, about which Plaintiff knew during

the origina] trial proceedings."

This misrepresentation seems to seek to

discredit Plaintiff's claim of fraud by implying

previous knowledge. This is outrageous. The Case

Summary Notebook was made only 6 days before

the trial court pronounced the summary judgment,

only one copy was made and it was surreptitiously

given to Judge Franklin, ex parte. (Case # 102398

Record, Index 12, Exhibit B, page 2.).

Gentlemen: The above listed and described

Judicial misrepresentations are too many and too

tailored to the specific legal circumstances to be

purely coincidental. The Courts have been made

aware of these judicial misrepresentations and have

taken no corrective action. Why ? Is there a

concerted effort by the appeals courts to just get

rid of this case ?

History Before 1936, Oklahoma Supreme

Court Case Load was rising rapidly. In 1936, the

Oklahoma Supreme Court ruled that clandestine,

ex parte legal assistance to the judge by counsel

was fraud when the other side was not notified

> vA)

m4

By enforcing Oklahoma Supreme Court Rule

1.86, which does not allow appeal briefs on

summary judgment, the Oklahoma Supreme Court

has denied the Plaintiff / Appellant the opportunity

to refute the erroneous legal conclusions of the trial

court and thus has denied the Plaintiff / Appellant

he opportunity to defend himself.

This theft of private property would never stand

in a jury trial.

ARGUMENTS

1. Olson lis on appeal at the United States

Supreme Court.

4 There has been no mandate issued in Olson JI.

3. Some claims in Blaine County District Court

Case CJ-2004-121 are the same as in Blaine

County District Court Case CJ-2002-151. However

since the Plaintiff / Appellant was prevented from

fully and completely defending himself due to the

ex parte Case Summary Notebook fraud in Case

CJ-2002-151, any decision made subsequent to the

fraud is not preclusionary and thus is not dispositive

in Case CJ-2004-121, Union Oil Co. of California v.

Board of Equalization of Beckham County, 1996

OK 40, perf 10, 913 P.2d 1330. Continental and

Davis did not need to steal Plaintiff's override.

The settlement agreement between Continental

Resources, Inc. and Davis Operating Company was

kept confidential, away from the Plaintiff /

Appellant at the time of filing Case CJ-2002-151.

E 8

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Because of the new information contained in the

settlement agreement letter, later acquired,

Plaintiff / Appellant added new tort claims

of Sham Legal Process, Interference with a

Business Contract, and Conversion.

4. Concerning Union Oil Co. of California v. Board

of Equalization of Beckham County, 1996 OK 40,

perf 10, 913 P.2d 1330, a fair trial is never a useless

trial. The sentence structure in footnote 4 of Judge

Wiseman's decision in Case # 102398, filed October

30, 2007, suggests the Court is more interested in

processing case load than it is in decerning right

from wrong and finding justice.

5. The false legal premises of both Olson J,

#99704 and Olson IT, # 102933, as discussed above,

neither can be considered dispositive.

CONCLUSIONS and PRAYER

The summary judgment Order in Blaine County

District Court Case CJ-2002-151 was obtained by

fraud. Therefore it cannot be on the merits. The

appeal opinion in Court of Civil Appeals, Division

III, was determined by significant judicial

misrepresentation, that opinion cannot be on the

merits. The prior controlling authority from 1936

until 1982 was Fellows v. Owens, supra ; Then

fraud took over.

The Plaintiff / Appellant prays the Court grant

a Writ of Certiorari. The Plaintiff / Appellant

prays the Court vacate the previous Ceurt of Civil

Appeals opinions, reverse all the previous trial

court decisions and remand for a jury trial on all

the issues outlined in Plaintiff's Petition in Blaine

County District Court Case CJ-2004-121.

Respectfully submitted,

s/o Robert Olson

Robert Olson

9022 E 60th Street

Tulsa, Oklahoma 74145

918 252 1987

CERTIFICATE OF MAILING

l hereby certify that ontnis 21st day of

December, 2007, a true and correct copy of the above

and foregoing instrument was mailed via first class

mail with proper postage fully prepaid thereon to:

Robert B. Sartin

Barrow & Giimm, P.C.

610 South Main,

Suite 300

Tulsa, Oklahoma

74119-1248

918 584 1600

Attorneys for

Defendants

Davis Operating

Company,

Wiliam H. Davis

Glenn A. Devoll

Julia C. Rieman

Gungoll, Jackson,

Collins, Box, & Devoll,

P.C.

P.O. Box 1549

Enid, Oklahoma

73702

080 234 0436

Attorneys for Defendants /

Appellees Continental

Resources, Inc., Harold

Hamm and Tom Luttrell

Blaine County Court Clerk

212 N. Weigle

Watonga, Oklahoma 73772

s/b Robert Olson

Robert Olson

9022 E 60th St

Tulsa, Oklahoma 74145

918 252 1987

E 11

APPENDIX F

IN THE SUPREME COURT OF THE

STATE OF OKLAHOMA

ROBERT OLSON,

Plaintiff / Appellant FILED

as SUPREME

CONTINENTAL RESOURCES, ) court oF THE

INC., An Oklahoma Corporation) STATE OF

HAROLD HAMM, An Individual) OKLAHOMA

and President and Chief ) FEB -2 2006

Executive Officer of Continental . MICHAEL S.

Resources, Inc., RICHIE

TOM LUTTRELL, An Individual CLERK

and Vice President of

Continental Resources, Inc. ) Appeal Case No.

AND ) #102398

DAVIS OPERATING COMPANY,

An Oklahoma Corporation, )

WILLIAM H. DAVIS, )

)

)

An Individual and

President of Davis

Operating Company,

Defendants / Appellees.

APPELLANT'S REQUEST FOR PERMISSION

TO FILE A BRIEF IN SUPPORT OF HIS SIDE

OF THE CASE UNDER OKLAHOMA

SUPREME COURT RULE 1.36 (g)

District Court

Case Number

CJ-2004-121

COMES NOW, The Plaintiff / Appellant,

Fl

Robert Olson, and requests permission from the

Oklahoma Supreme Court to file a brief in support

of his side of the case for the following reasons:

Under United States Supreme Court Rule 29

(4.){c), which states:

(c) In any proceeding in this Court in

which the constitutionality of any statute

of a State is drawn into question and neither

the State nor any agency, officer, or employee

thereof is a party, the initial document filed

in this Court shall recite that 28 U.S.C. S

2403(b) may apply and shall be served on

the Attorney General of that State. In such

a proceeding from any court of the United

States, as defined by 28 U.S.C.9451, the

initial document also shall state whether

that court, pursuant to 28 U.S.C. x 2403(b),

certified to the State Attorney General that

the constitutionality of a Statute of that

State was drawn into question. See Rule

14.1(e)(v).

I, Appellant, Dr. Robert Olson, question the

constitutionality of Oklahoma District Court Rule

13 as being in conflict with the Due Process of Law

provisions of the Fourteenth Amendment of the

United States Constitution. New evidence; a plot

of Oklahoma Supreme Court Case Numbers versus

Years from 1916 to 2006 (Exhibit 1), shows a

dramatic increase in Oklahoma Supreme Court

case load immediately after the present District

Court Rule 13 was adopted and became effective on

November 1, 1984. That dramatic increase in the

number of appeals is the citizens howl of dismay at

the unfairness of the nonstatutory District Court

Rule 13. Justice is not a game of procedural

"gotcha".

The party opposing summary judgmeat must

answer within fifteen (15) days, must attach.

evidentiary materials before discovery and has no

absolute right to oral argument. All of these

elements of District Court Rule 13 impede the

ability of the party opposing the motion for

summary judgment to effectively present his side

of the case.

Since Oklahoma Supreme Court Rule 1.36 on

accelerated appeal, reviews only the materials

presented to the trial court, the party opposing the

motion for summary judgment may well find

himself in the position of having to answer the

original Petition, organize and present the material

in opposition to the motion for summary judgment

before adequate discovery, and prepare for an

appeal, all in fifteen (15) days. This is an

unreasonably short amount of time. Motions to

F 3

extend the time, at the discretion of the court, do

not mitigate the conflict of District Court Rule 13

with the Due Process of Law provisions of the

Fourteenth Amendment of the United States

Constitution.

Adequate time, adequate discovery and oral

argument are fundamental rights; not at the

discretion of the court. Please see Goldberg v.

Kelly, 397 U.S.254, 90 S. Ct. 1011.

The implementation of District Court Rule 13

(Lewis v. Phillips Petroleum Co., Okla. App., 559

P.2d 868 (1977)) and Oklahoma Supreme Court

Rule 1.36 (Oklahoma Civil Procedure Forms and

Practice, 2nd Ed., Clyde A. Muchmore, Rel-1/04,

pg 10-55, paragraph 3) are designed for case load

reduction rather than justice. These rules have not

met the objective of case load reduction.

Case load reduction can be met by providing

justice in legal proceedings.

District Court Rule 13 is the first procedure

used in most District Court cases. The dramatic

increase in Oklahoma Supreme Court appeal filings

since November 1, 1948 is the citizens' reaction to

the manifest injustice of District Court Rule 13.

No matter what the attorneys and judges think,

Exhibit 1 indicates the public perceives District

F 4

Court Rule 13 as unjust.

United States Supreme Court Rule 14.1 (g)(i)

states:

(i) Ifreview of a state-court judgment

is sought, specification of the stage in the

proceedings, both in the court of first

instance and in the appellate courts, when

the federal questions sought to be reviewed

were raised; the method or manner of

raising them and the way in which they

were passed on by those courts; and

pertinent quotations of specific portions

of the record or summary thereof, with

specific reference to the places in the

record where the matter appears (e.g., court

opinion, ruling on exception, portion of

court's charge and exception thereto,

assignment of error), so as to show that

the federal question was timely and

properly raised and that this Court has

jurisdiction to review the judgment on a

writ of certiorari. When the portions of

the record relied on under this subparagraph

are voluminous, they shall be included in

the appendix refered to in the

subparagraph l(i).

The taking of my vested personal property by

F5

the court and giving it to the Defendants through a

District Court Rule 13 summary judgment is a

violation of the Due Process of Law provisions of

the Fourteenth Amendment of the United States

Constitution. References to that taking are

throughout my filings in Blaine County, Oklahoma,

District Court Cases CJ-2002-151 and

CJ-2004-121 as well as Oklahoma Supreme Court

Appeals # 99704 and # 101682.

The Pleading Statute Title 12 8 2012 mentions

summary judgment four times: § 201 2(A)(5.)

[motion for], 8 2012(B) [rules], § 2012(C)

[application] and § 2012 [partial]. Nowhere in

Title 12 § 2012 is the location of the rules for

summary judgment specified. The rules do not

have the gravitas of statutes. How can the

application of the nonstatutory, discretionary

District Court Rule 13 rules of summary judgment

be considered "Due Process of Law" ?

As can be seen 1n Plaintiff / Appellant's

Motion for an Extension of Time, filed

approximately September 10, 2005, Plaintiff /

Appellant was cut short on oral argument by the

court at the hearing on summary judgment and not

allowed to complete his oral argument. (Transcript

of proceedings of August 11, 2005, before the

Honorable Ronald G. Franklin, Exhibit C therein,

page 5, lines 19 -21 and page 6, lines 8 - 9).

F 6

Also, in the transcript of the hearing on

Plaintiffs Motion for Recusal of Judge Ronald G.

Franklin, held on January 13, 2005, before the

Honorable Ray Dean Linder, on page 51, lines 4 -

it says: "....and have lost a significant amount of

income-producing property, ...." (underline by

Appellant).

By this, the court has acknowledged the taking

of vested personal] property. That should cause a

significant Fourteenth Amendment, Due Process of

Law, red flag to go up.

PRAYER

By virtue of the Fourteenth Amendment of

the Constitution of the United States and Article 2

Section 7 of the Oklahoma State Constitution and

with Title 12, 88 3236, 3237 in mind, Plaintiff /

Appellant, Robert Olson, respectfully requests the

opportunity to brief his side of the case to the

Oklahoma Supreme Court.

Respectfully submitted,

s\b Dr. Robert Olson

Dr. Robert Olson

9022 E 60th St

Tulsa, Oklahoma 74145

918 252 1987

CERTIFICATE OF MAILING

I hereby certify that on this 2 nd day of

February, 2006, a true and correct copy of the above

and foregoing instrument was mailed via first class

mail with proper postage fully prepaid thereon to:

Robert B. Sartin

Barrow & Grimm, P.C.

610 South Main,

Suite 300

Tulsa, Oklahoma

74119-1248

918 584 1600

Attorneys for

Defendants

Davis Operating

Company,

Wilham H. Davis

Stephen J. Krise

Glenn A. Devoll

Julia C. Rieman

Gungoll, Jackson,

Collins, Box, &

Devoll, P.C.

P.O. Box 1549

Enid, Oklahoma

73702

580 234 0436

Attorneys for

Defendants /

Appellees Continental

Resources, Inc.,Harold

Hamm and Tom Luttrell

Assistant Attorney General

Oklahoma Attorney General's Office

Cinief Litigation Section

4545 North Lincoln Boulevard, Suite 260

Oklahoma City, Oklahoma 73105 - 3498

Blaine County Court Clerk

212 N. Weigle

Watonga, Oklahoma 73772

Judge Ronald G. Franklin

114 West Broadway

Enid, Oklahoma 73702

Judge Ray Dean Linder

P. Q. Box 185

Alva, Oklahoma 73717

s\b Robert Olson

Robert Olson

9022 E 60th St

Tulsa, Oklahoma 74145

918 252 1987

APPENDIX G

IN THE SUPREME COURT OF THE

STATE OF OKLAHOMA

FILED Thursday, February 9, 2006

SUPREME COURT

STATE OF OKLAHOMA

FEB -9 2006

MICHAEL RICHIE

CLERK

THE CLERK IS DIRECTED TO ENTER THE

FOLLOWING ORDERS OF THE COURT:

100,560 American Yellow Checker Cab, Inc.; Tulsa

Yellow Cab, Inc.; and Yellow Cab Inc. v.

David Selver d/b/a Tulsa Taxi; and Yellow

is Us, L:L.C.

Bankruptcy stay remains in effect. New

report shall be filed by May 10, 2006.

101,237 (Cons w/ 102,405) Sarah M. Henry v.

Barry J. Sims

Motion to allow time to complete

briefing of counter appeal is granted.

102,115 Gary Daniel v. Chevrolet Motor Division,

General Motors Corporation

Appellee's motion to indefinitely

suspend proceeding is denied. Appellee

APPENDIX G

is granted to February 22, 2006 to file his

brief.

102,214 Tracy |. Kizer, now Ford v. Marquice M.

Kizer

Appellee's answer brief was accepted

January 31, 2006.

102,279 Stephanie Turner v. Farm Properties, Inc.,

d/b/a The Farm Shopping Center, The

Farm, an Oklahoma General Partnership

Appellant is granted to February 15, 2006

to file her brief.

102,356 Ronny Gene Altman, Trustee of the Ronny

Gene Altman Revocable Trust, and S.N.S.

Oil and Gas Properties, Inc., an Oklahoma

Corporation, individually and on behalf of

all other similiarly situated v. Apache

Corporation

Appellant is granted to February 16, 2006

to file its brief.

102,398 Robert Olson v. Continental Resources,

Inc., an Oklahoma corporation; Harold

Hamm, an individual and President and

Chief Executive Officer of Continental

Resources, Inc.; Tom Luttrell, an individual

and Vice President of Continental

Resources, Inc. (Davis is left out?)

Consideration, if any, of Appellant's

request for permission to file a brief

under Oklahoma Supreme Court Rule

1.36(g) is deferred.

G2

102,825 Melvin Chilcoat v. Gary L. Tate, et al.

Gary Peterson is permitted to withdraw.

The court notes the address of

Appeliants pro se.

102,932 Hong Thi Vu and Lars Pham, as parents

and next of kin to Ken vu Pham, Deceased

v. Linda J. Truitt, M.D., and Linda J.

Truitt, P.C.

Motion to remove from accelerated

procedure is denied.

102,947 Jerome J. Sprenger v. Sonja Sue Austin,

et al.

Appellee's Motion to dismiss is denied.

102,963 Lonnie Thomas v. Diane C. Wheat

Consideration of motion to strike

plaintiff / Appellant's appellate filings

and dismiss appeal and appellant's

motion for leave to comply with

Oklahoma Supreme Court Rules is

deferred to reviewing court.

s\ James B. Winchester

VICE CHIEF JUSTICE

APPENDIX H

This Affidivit was presented in conjunction with the

hearing on the Recusal of Judge Franklin held

before the Honorable Ray Dean Linder on January

13, 2005 in Blaine County , Oklahoma. It also

appears as an exhibit in Plaintiff's Petition for a

Writ of Mandamus filed in the Oklahoma Supreme

Court on January 18, 2005, #101,682 . And U.S.

Supreme Court Case No. 05-1057.

IN THE DISTRICT COURT OF BLAINE COUNTY

STATE OF OKLAHOMA

ROBERT OLSON,

Plaintiff,

vs.

CONTINENTAL RESOURCES, INC..,)

an Oklahoma Corporation, HAROLD ) Gace No.

HAMM, an individual and President )

and Chief Executive Officer of y-d-2002-151

Continental Resources, Inc.; TOM )

LUTTRELL, an individual and )

Vice-President of Continental )

)

Resources, Inc.

DAVIS OPERATING COMPANY, an )

Oklahoma Corporation, WILLIAM H. )

DAVIS, an individual and President )

of Davis Operating Company, )

Defendants. )

APPENDIX H

AFFIDAVIT OF JULIA C. RIEMAN

STATE OF OKLAHOMA |

] SS:

COUNTY OF GARFIELD |]

I, Julia C. Rieman, of the law firm Gungoll,

Jackson, Collins, Box & Devoll, P.C., being of

lawful age, and having first been duly sworn upon

my oath, state as follows:

1. Iam onc of the attorneys for the Defendants,

Continental Resources, Inc., Harold Hamm, and

Tom Luttrell, in the above-captioned case. I have

personal knowledge of the matters hereinafter

referred to, and | am competent to testify as to

these matters.

2. I prepared the notebook for the Court that is

referenced in billing records of Gungoll, Jackson,

Collins, Box & Devoll, P.C. for this case in an entry

dated July 11, 2003.

3. The notebook contained only complete copies

of cases that had been cited by the parties in the

briefing on summary judgment and an index that

listed the style and citation of the cases contained

in the notebook.

4. Ihighlighted the language in the cases that

had been directly quoted in the briefs and I

highlighted the language in the cases that was

relied on by me to support the legal argument made

H-2

in the briefs, even though not directly quoted. I did

not provide any personal commentary, editorial

notes, or make any additions or deletions to the

copies of the cases.

5. I prepared the notebook on a Friday

afternoon, July 11, 2003 as an aid to the Court for a

hearing set for Wednesday July 16, 2003. Because

of the time constraints and the number of cases

included in the notebook (it took me two and a half

hours to prepare a single copy) I only prepared one

copy of the notebook; we did not even have a copy

for ourselves.

6. [personally delivered the notebook to Judge

Ronald G. Franklin. I told him that it was a

notebook of the cases cited in our briefs and aside

from "hello" and "goodby" that was the extent of my

conversation with the Judge when I delivered the

notebook.

7. The notebook did not include some draft

order for the Judge to work from, as claimed by the

Plaintiff, Mr. Olson. | included nothing in the

notebook other than the highlighted copies of the

cases cited in the briefs and an index that listed

the cases.

Further, Affiant sayeth not.

s\ Julia C. Rieman

Subscribed and sworn to before me this 5 th day

of January, 2005.

My Commission Expires:

s\ Virginia L. Schultz

NOTARY PUBLIC

Seal Stamp:

Virginia L. Schultz

Garfield County

Notary Public

#02003675

Exp. 3/17/06

In and for State of Oklahoma

/\er

Mitchie/gad/continental/Olson

APPENDIX I!

IN THE DISTRICT COURT OF BLAINE COUNTY

STATE OF OKLAHOMA

ROBERT OLSON, ) : :

Plaintiff, ) Case No.

-VS- )

Continental Resources, Inc. ) CJ-02-151

(et al. {correction by Olson}) )

)

Defendant (s).

TRANSCRIPT OF PROCEEDINGS

June 17, 2004

The Honorable Ronald G. Franklin, District Judge,

Presiding, in and for Blaine County, Oklahoma.

APPEARANCES:

Plaintiff appears pro se

Mr. Glenn Devoll

Gungoll, Jackson, Collins & Box

P.O. Box 1549

Enid Oklahoma 73702

For Continental Resources

Mr. Robert Sartin

Barrow & Grimm

610 S. Main, Suite 300

Tulsa, Oklahoma 74119

For Davis Operating Company

APPENDIX

Reported by:

Beth M. Malatin, RPR

Registered Professional Reporter

Garfield County Courthouse

Enid, Oklahoma 73701

Transcript Line [ ] Transcript page ( )

{1} THECOURT: CJ 2002-151 Olson v.

Continental. Who [2] wants to go first ?

[3] MR.DEVOLL: I'd be happy to.

(4) THECOURT: All right.

[5] MR.DEVOLL: As the Court is well aware

this case [6] is now over. We filed both an

application for pre-appeal [7’ attorney fees and

costs as well as appeal related attorney [8] fees and

costs. The amounts were set out in the [9]

applications, but for the Court's benefit and for work

that [10] we had done prior to the appeal we had

incurred fees of [11] $31,616.25 and costs of

$160.63 which makes a pre-appeal [12] total of

$31,776.88. Our appeal related fees or costs were

[13] 49,415. Bringing the absolute total to

$41,191,88.

[14] I filed an affidavit in the case, Your Honor.

[ have [15] reviewed our time records. The rate

charged for both [16] attorneys working on the case

was $175 an hour which we [17] believe is a

reasonable fee, hourly rate in the community [18]

[-2

which we work for the type of work that we have

done. This [19] is, the Court knows, a somewhat

specialized area, oil and [20] gas field. That's our

normal hourly rate. As I say I think [21] that's

comparable to other attorneys’ rate that work in

this [22] field in the loca! community. We are going

to stand -- [23] Before 1 do that, no, I wanted to say

one thing to the Court [24] and that is to some

degree part of the work that we did was [25]

generated or caused as a result of Mr. Olson's

somewhat

(3)

[1] unorthodox pleadings that were filed in this case

and his [2] actions, which I know is somewhat typical

in a pro se case, [3] but nonetheless it required us to

respond and to that degree [4] the time expended

was somewhat unusual. But it was [5] generated by

reason of the fact that Mr. Olson's pleadings [6] were

of somewhat unorthodox nature. so we will stand on

[7] our affidavit as the evidence in support of our

attorney [8] fees request and we would ask the Court

to award us, [9] Continental and Mr. Hamm,

$41,191.88.

[10] THE COURT: All right. Why don't we just go

ahead [11] and let you make your presentation.

We'll let Mr. Olson go [12] last and make any

inquiry of either one of you.

[13] MR.SARTIN: Thank you.

[14] Your Honor, Robert Sartin here representing

the [15] Defendants Davis Operating Company and

1-3

William H. Davis. We [16] also filed our amended

application on April 12th, 2004 [17] seeking

attorney fees. Similar to Continental we have [18]

pre-appeal attorney fees and costs and then we also

have [19] post appeal attorney fees and costs. I will

advise the [20] Court the Supreme Court has

entered an order awarding us [21] appeal related

attorney fees. Pre-appeal we had attorneys [22] fees

totaling $19, 192.50. Pre-appeal we had expenses

(23} totaling $111.66 and pre-appeal we had costs

totalling [24] $540.77. For a total of $19,844.93.

Post appeal or during [25] the appeal we had

attorneys fees totaling $9,694. We had

(4)

[1] expenses totaling $196.52. We had costs

totaling $414.65. [2] The post appeal or the post

summary judgment total is [3] $10,305.17, which

makes our total request $30,150.10. [4] Pre-appeal

the attorneys rates, there were two different [5]

attorneys that worked on the case. One was an

associate [6] with our firm, about a third of his time

was at $150 an [7] hour. He had been practicing law

at that time about five [8] years. About two thirds of

his time was $160 an hour. He [9] had been

practicing law about six or seven years at that [10]

time. ‘lhe other time which is actually fairly

minimal was [11] spent by me. When the case

started my rate was $185 an hour {12] and then

some of my time was $195 per hour. I have been [13]

[-4

practicing sixteen years. I believe those rates to be

[14] standard in the community. | believe those to

be fair rates [15} based on the expertise involved,

the various factors that [16] would be present under

Burk. [17] With regard to the appellate

attorneys fees those were [18] done by basically two

different attorneys, again myself I [19] have about

half the time at my rate of $195; another [20]

associate with the firm spent probably the other

half of the [21] time and he is actually in his second

year, his rate was [22] $125 for part of the appeal,

and when he was in his first [23] year of practice the

rate was $85 an hour. Again I would [24] represent

to the Court that I believe those are fair rates [25]

for an attorney of his experience in the community

and those

(5)

[1] types of things. I would also testify that I believe

on the [2] whole the time spent and the costs

incurred were fair and [3] reasonable. I'll join Mr.

Devoll in my testimony concerning [4] the

unusualness of this case. It has been going on for a

[5] long, long time. We similarly were forced to

respond to a [6] number of different pleadings and

they were quite unusual, [7] but we did so and like

I say the time was reasonable. Thank [8] you.

[9] THE COURT: [I'll note that each of you as

[10] attorneys are considered to be under oath here

for these [11] testimonies.

[12] Mr. Olson, do you care to give any testimony

or make [13] any statement ?

[14] MR.OLSON: Well, I think both of these

costs are [15] excessive, especially Continental

Resources costs if you [16] compare it with the costs

of the other attorneys. Other [17] that that there is

not a whole lot I can say.

[18] THE COURT: Do you have any other

evidence you [19] wish to present other that make

the statement that you're [20] making ”

(21] MR.OLSON: No, sir. /

(22]} THECOURT: All right. The Court will take

this [23] under advisement. I'm going to hold it

until such time as [24] we do or do not get a

mandate, then depending on, assuming [25] the

mandate comes down I will enter an order that

(6)

[1] If the mandate, if they decide to rehear it or make

some different decision we'll go from there. Okay.

Now inasmuch [3] as you're here today on the asset

hearing which has been [4] requested I would ask

you to raise your right hand.[5] (Robert Olson

sworn at this time.)

[6] THE COURT: I would ask that you adjourn

perhaps [7] to the jury room if they are through and

proceed.

[8] MRSARTIN: Your Honor, what we'll do is

when we [9] finish we will come back and see you

and address any issues [10] that we need.

[11] THE COURT: Okay. I will probably be back

[12] downstairs by then.

[13] MR. OLSON: Ihave got one request. On [14]

Continental Resources request for attorneys fees

there was a [15] notation for a notebook that they

made for you citing cites. [16] Would you be kind

enough to give me a copy of that notebook ?

[17] THE COURT: Quite frankly I don't have that

[18]

anymore. Since the matter is over with | don't retain

those [19] things.

[20] MR. OLSON: Do you have a copy of that

notebvok ?

[21] MR. DEVOLL: We might. We are going

paperless. [22] That's why I'm hesitating. I don't

know if I have got a [23] copy, a hard copy of it any

longer. We're destroying files [24] and scanning

them in as we go so that's the reason. If I do [25] I

mean --

(7)

[1] MR.OLSON: A printout would work. If you

have [2] scanned it in your files there is always a

printout.

[3] MRDEVOLL: We might work it out. That

will take [4] time.

(5) THE COURT: I'm sure there would be some

costs [6] involved.

[7] MR DEVOLL: yeah, there would be.

[{8} THE COURT: You may be excused.

*

APPENDIX J

THIS OPINION HAS BEEN RELEASED FOR

PUBLICATION BY ORDER OF THE COURT

OF CIVIL APPEALS

IN THE COURT OF CIVIL APPEALS OF THE

STATE OF OKLAHOMA

DIVISION IIT

FILED

COURT OF CIVIL APPEALS

STATE OF OKLAHOMA

FEB 17 2004

MICHAEL S. RICHIE

CLERK

ROBERT OLSON

Plaintiff / Appellant,

ee aie Case No.

)

)

)

» 99,704

CONTINENTAL RESOURCES, )

INC., an Oklahoma corporation; )

HAROLD HAMM, individually )

and as President and Chief )

Executive Officer of Continental )

)

)

)

Resources, Inc.; TOM LUTTRELL,

individually and as Vice

President of Continental Resources,

APPENDIX J

Inc.; DAVIS OPERATING COMPANY, )

an Oklahoma Corporation; and )

WILLIAM H. DAVIS, individually and )

as President of Davis Operating

Company,

Defendants / Appellees.

APPEAL FROM THE DISTRICT COURT

OF BLAINE COUNTY, OKLAHOMA

HONORABLE RONALD G. FRANKLIN,

TRIAL JUDGE

AFFIRMED (1)

Robert Olson,

Tulsa, Oklahoma,

Glenn A. Devoll,

Julia C. Rieman,

GUNGOLL, JACKSON,

COLLINS, BOX, &

DEVOLL, P.C.

Enid Oklahoma,

Robert B. Sartin,

Adam K. Marshall,

BARROW & GRIMM,

P.C.

Tulsa, Oklahoma,

Pro Se,

Plaintiff / Appellant,

For Defendants /

Appellees,

Continental Resources,

Inc., Harold Hamm and

Tom Luttrell,

For Defendants /

Appellees,

Davis Operaring

Company and

William H. Davis.

OPINION BY CAROL M. HANSEN, Judge:

ts Plaintiff / Appellant, Robert Olson, seeks

review of the trial court's order granting summary

judgment in favor of Defendants / Appellees,

Continental Resources, Inc. and its officers

(collectively Continental) and Davis Operating

Company and its President (collectively Davis).

We affirm because Olson submitted no evidentiary

materials establishing a material issue of fact.

2. Olson sued Continental and Davis to quiet

title to an overriding royalty interest (ORRI) in an

oil and gas lease and to recover damages for "sham

legal process" and "civil conspiracy," based upon

the following allegations. The minerals in Section

17, Township 16 North, Range 11 West Indian

Meridian, Blaine County, Oklahoma, were leased

during the years 1981 to 1984, and Olson acquired

an ORRI in the section in (2) 1984. The Math #

1-17 well was drilled and completed as a well

capable of producing oil and gas in commercial

quantities in 1984.

3. Continental acquired a 52% undivided

interest in the leases in 1993 and became the

operator of the Math # 1-17 well. In September

1998, Continental set a bridge plug and removed

tubing from the well.

In February 1999, Continental agreed with Marshal

Oil Corporation (Marshall) to acquire new leases in

Section 17 and sent out letters to all of the working

interest owners recommending the Matli# 1-17 be

plugged. One of the working interest owners refused

to consent to plugging, and Continental assigned its

interest in the wellbore to that owner. That owner

then assigned its interest in the well and the leases

to Davis.

4. Continental filed new leases on Section 17 on

September 13, 1999. On September 20, 1999, Davis

recompleted the well and brought it back into

commercial production. The royalty interest owners

under the old leases accepted shut-in royalty

payments and accepted royalties from subsequent

gas production. In October 1999, Continental sued

Davis and Olson to quiet title in its favor.

Continental and Davis reached a settlement

agreement and dismissed Olson from the suit. The

settlement called for Continental and Davis to

release the old leases and to operate under the new

leases. The releases of the old leases were filed

October 2, 2000. An (3) additional well, the Matli

#2-17, has been drilled and put into production.

Olson has demanded and been refused payment for

his override.

5. Olson asserted his override on the old leases

carried forward to the new leases. He asserted the

Defendants used sham legal process by filing new

leases over the valid old ones, by filing a lawsuit to

drive interest owners out of their origina] interests,

and by releasing the old leases after new ones had

been purchased for the purpose of washing out his

ORRI. He also asserted the Defendants conspired

to release the old leases and operate under the new

ones so as to claim his ORRI was no longer valid.

6. Continental and Davis answered and denied

liability. Davis counterclaimed to recover from

Olson the sum of $7,957.93, which it claimed it

mistakenly paid to Olson as overriding royalty after

the old leases expired or were released.

dl Continental and Davis moved for summary

judgment, submitting into evidence the old leases,

Olson's ORRI, the new leases, certain pleadings

from the 1999 suit, the releases settling the suit,

and affidavits from their officers. The old leases

provided the lessee could surrender the lease by

delivering a release or placing it on record in the

proper county. The ORRI did not contain a clause

providing it applied to extensions and renewals of

the underlying leases. Continental's officer stated

the Matli # 1-17 was no longer producing in paying

quantities at the time Continental set (4) the

bridge plug in 1998. The pleadings from the 1999

suit showed that all the working interest owners

J-5

were parties to the suit and signed releases of the

old leases in settlement of the suit. Davis

submitted copies of a check and spreadsheet

showing the payment it asserts it mistakenly made

to Olson was based on production after the leases

were released.

8. Olson objected to the motions for summary

judgment , but submitted no evidentiary materials

whatsoever. The trial court granted summary

judgment to Continental and Davis on Olson's

claims, concluding,

[T]he old leases have quite probabl[y]

expired under the terms of said leases for

failure to produce. In addition thereto; it

is undisputed or admitted that after the

new leases were acquired and [Davis] had

acquired a(n] interest in the old leases

that a quiet title action was filed in Blaine

County, that the plaintiff was named a

party defendant and that the plaintiff

asked for no affirmative relief and as a

result thereof, a settlement was reached

in said case which resulted in the plaintiff

being dismissed in that lawsuit and the

old leases voluntarily released, thereby

extinguishing any interest the plaintiff

owned in the leases.

The trial court granted summary judgment to Davis

on its counterclaim against Olson, rendering

judgment in the amount of $7957.93. Olson

appeals from this order without appellate briefs in

conformance with the procedures for the appellate

accelerated docket, Okla. Sup. Ct. R. 1.36, 12 O.S.

2001, Ch 15, App. 1. (5)

9. Because a grant of summary judgment

involves purely legal determinations, we will review

the trial court's decision under a de novo standard.

Carmichael v. Beller, 1996 OK 48, 914 P.2d 105i,

1053. A party may move for summary judgment on

the ground that the evidentiary material filed with

the motion shows there is no substantial

controversy as to any material fact. 12 O.S.Supp.

2002, Ch. 2, App. 1, Rule 13(a). A party opposing

summary judgment must file a concise written

statement of the material facts as to which a

genuine issue exists, along with evidentiary

material justifying the opposition to the motion.

Rule 13(b). "All material facts set forth in the

statement of the movant which are supported by

acceptable evidentiary material shall be deemed

admitted for the purpose of summary judgment ....

unless specifically controverted by the statement of

the adverse party which is supported by acceptable

evidentiary material." Jd. If the trial court

determines there is no substantial controversy as

to the material facts and one of the parties is

entitled to judgment as a matter of law, the court

shall render judgment for that party. Rule 13(e).

10. Davis and Continental's statements of fact

were supported by admissable evidence. Olson's

statement controverted their assertions but was

not accompanied by supporting evidentiary

material. Therefore, we will deem Davis and

Continental's statements admitted for the

purpose of summary judgment. (6)

11. Anoverriding royalty interest is created out

of the working interest in an oil and gas lease. It is

an interest in the lease out of which it is carved, and

cannot be a property interest of greater dignity than

the lease itself. XAK Corp. v. SMR Property

management Co., 1998 OK 51, 968 P.2d 1201, 1206-

1207. Therefore, the overriding royalty interest

does not survive termination of the lease, absent

fraud, breach of a fiduciary relationship, or an

agreement otherwise. DeMik v. Cargill, 1971 OK

61, 485 P.2d 229, 233, and Probst v. Hughes, 1930

OK 57, 143 Okla. 11, 286 P. 875, 879.

12. The assignment of an overriding royalty

interest out of the leasehold interest does not by

itself create a fiduciary relationship between

assignor and assignee. Brannan v. Sohio Petroleum

Co. (Brannan IJ), 260 F.2d 621, 622 (10th Cir. 1958)

(applying Oklahoma law). Therefore, there 1s no

relationship of trust and confidence between

assignor and assignee which proscribes the lessee

from acquiring a new lease, unburdened by the

overriding royalty interest, from the owner of the

land to take effect upon the expiration of the

assigned lease. Brannan v. Sohio Petroleum Co.

(Brannan I), 248 F.2d 316, 318 (10th Cir. 1957).

However, a fiduciary relationship may arise from

other factors, such as when no consideration is paid

for an assignment (7) at the time of transfer and

the assignor is to be paid from production. Rees uv.

Briscoe, 1957 OK 174, 315 P.26 758, 763.

13. The rights of an overriding royalty owner in

future leases are protected if the assignment

1 Seealso Hawkins v. Klein, 1926 OK &19, 255 P.570,

575, 124 Okla. 161, and 3 SUMMERS, THE LAW OF OIL

AND GAS, § 554, nn. 62-62 (Perm. ed. Supp. 2003).

contains a clause providing the override applies to

extensions or renewals of the original lease from

which it is carved. For example, in Probst v. Hughes,

1930 OK 57, 286 P. 875, 876, 143 Okla. 11, the

agreement stated the overriding royalty interest

would "apply as to all modifications, renewals of

such lease or extensions that the assignee, his

successors or assigns may secure."The court held a

second lease taken by the lessee from the fee owner

before expiration of the first lease was a renewal of

the first lease, even though the well had ceased

production and was plugged.

14. Similarly, in Thornburgh v. Cole, 1949 OK

167, 207 P.2d 1096, 201 Okla. 609, the assignment

of an overriding royalty interest in a coal mining

lease provided the override would apply to

extensions, renewals, or modifications of the

existing leases. The Court ruled future leases to

the grantor of the interest or its successors would be

bound by the override. 207 P.2d at 1100. The

Thornburgh Court contrasted the facts in its case

with those in La Laguna Ranch Company v. Dodge,

18 Cal.2d 132, 114 P.2d 351, 353. There "the lease

provided that the lessee might surrender the lease

by quit-claimirg to the lessor. This was done and

the overriding royalty interest was thus (8)

extinguished, because the agreement did not

provide thet the overriding royalty should apply to

renewal, extension or modification of the lease."

Thornburgh, 207 P.2d at 1100.

15. The facts in the record before us are like those

in La Laguna Ranch. The oil and gas leases

specifically provided the lessee could at any time

surrender the lease or any part of it by delivering or

mailing a release to the lessor, or by placing a

release of record in the proper county. Oison's ORRI

did not provide it applied to extensions or renewals

of the original lease. There are no circumstances

giving rise to a fiduciary relationship between Olson

and Continental or Davis. Therefore, when all the

working interest owners released the leases on

Section 17, the lease from which Olson's ORRI was

carved ceased to exist, and his ORRI did not survive

the termination of the lease. The trial court did not

err ip granting summery judgment to Davis and

Continental on Olson's claim for quiet title and to

Davis on its claim for overpaid royalties to Olson.

16. Olson also sought to recover for sham legal

process and civil conspirecy. Sham legal process is

a criminal matter. It means the use of an

instrument that is not lawfully issued and that

purports to be a summons, subpoena, judgment,

arrest warrant, search warrant, or other order of a

court or that purports to assert jurisdiction or

authority over or determine or adjudicate the iegal

or equitable status, rights, duties, (9) powers, or

privileges of any person or property. 21 O.S.Supp.

2003 § 1533(H)(1)(a) and (b). The statutes relating

J-11

to quiet title allow an attorney fee to the prevailing

party if a party alleges the adverse claim is sham

legal process as defined in 8 1533 above. 12 0.S.

2001 8 1141(B). Olson submitted no evidence

Continental or Davis used any instrument meeting

the statutory definition of sham legal process. The

trial court did not err in granting summary

judgment against Olson on this claim.

17. In Brock v. Thompson, 1997 OK 127, 948

P.2d 279, 294 (footnotes omitted), the Court stated,

"A civil conspiracy consists of a combination of two

or more persons to do an unlawful act, or to doa

lawful act by unlawful means. Unlike its criminal

counterpart, civil conspiracy itself does not create

liability. To be hable the conspirators must pursue

an independently unlawful purpose or use an

independently unlawful means. There can be no

civil conspiracy where the act complained of and the

means employed are lawful." Olson submitted no

evidence Continental or Davis pursued an

unlawful purpose or used unlawful means. The

trial court did not err in granting summary

judgment against Olson on this claim.

18. For the foregoing reasons, the trial court's

judgment is AFFIRMED.

JOPLIN, J., and MITCHELL, P.J., concur.

APPENDIX _ K

IN THE DISTRICT COURT OF BLAINE COUNTY

STATE OF OKLAHOMA

ROBERT OLSON,

Plaintiff.

-Vs-

CONTINENTAL RESOURCES,

INC., HAROLD HAMM, TOM

LUTTRELL, DAVIS OPERATING

COMPANY, and WILLIAM

HENRY DAVIS.

Defendants. )

TRANSCRIPT OF PROCEEDINGS

Case No.

CJ-2002-151

i a a

Ne’ “Ne” “oe”

The Honorable Ronald G. Franklin, District Judge,

Presiding, in and for Blaine County, Oklahoma.

July 17,2003

APPEARANCES:

Plaintiff appears pro se

Mr. Peter Brolick

Barrow, Gaddis, Griffith & Grimm

610 S. Main, Suite 300

Tulsa, OK 74119

For Defendants Davis Operating Co. &

William Davis

Mr. Glenn Devoll

Gungoll, Jackson, Collins & Box

323 W. Broadway

Enid, OK 73701

For Defts Continental Resources, Inc.,

Hamm, & Luttrell APPENDIX

- Reported by:

Beth M. Malatin, RPR

Registered Professional Reporter

Garfield County Courthouse

Enid, Oklahoma 73701

Transcript Line [ ] Transcript Page ( )

(2)

[1] THECOURT: This will be Olson vs.

Continental [2] Resources, Harold Hamm, Tom

Luttreil, Davis Operating [3] Company, and William

Davis. There have been -- Why don't we [4] announce

our appearances for the record.

[5] MR. DEVOLL: Your Honor, Glenn Devoll on

behalf of [6] Continental Resources, Mr. Luttrell,

and Mr. Hamm.

[7} MR. BROLICK: Peter Brolick for Davis

Operating [8] Company and William H. Davis.

[9] MR.OLSON: Robert Olson pro se.

{10} THE COURT: Allright. There are numerous

motions [11] pending, including a motion for

summary judgment. There is [12] some motions for

additional time to respond to some--or to [13]

shorten some time on discovery near as | can tell.

There is [14] a request by Mr. Olson to continue this

matter I think for [15] the purpose of further

discovery. I believe that is [16] correct.

[17] MR.OLSON: We are bumping up against the

time [18] limits set in the original scheduling order.

[19] THE COURT: Well, what I'm going to deal

K-2

with [20] first is the motion for summary judgment

which has been [21] filed and which has been

responded to and which has been [22] replied to.

And the Court has had an opportunity and has(23]

reviewed all those materials. And I want to

approach it [24] in this manner. There are

individuals that are named in [25] this and I must

tell you that I must deal with what is in

(3)

[1] the motion for summary judgment and response.

I cannot go cutsid< of the record for the purpose of

ruling on this. [3] And as you all are aware that

requires evidentiary proof to [4] be attached and

part of both the motion for summary judgment [5]

and the reply. And based on that I will find that the

Court [6] has found or will find that there is no

evidence that any of [7] the individuals acted outside

of their corporate capacity as [8] individuals. And as

such as to the individuals I am going [9] to sustain

the motion for summary judgment because there is

[10] just no proof that they have done any admissable

proof, that [11] they have done anything else. The

Court cannot speculate on [12] what might be found

or what could come up. I| have to deal [13] with what

is in the motions. [14] As to Continental Resources,

Mr. Olson's claim is [15] based upon his agreement

that he had concerning the lease, [16] and I'm not

going to -- the '84 lease or the -- whichever [17] lease,

the '84 lease I believe. And your claim is [18]

contingent upon that particular claim, and I think

K-3

everybody [19] agrees that if that lease would have

gone away years ago [20] your rights would have gone

away long ago. Everybody agrees [21] to that. And

there was a settlement in the partition suit, [22]

which basically as a result of that that lease was

released. [23] I don't think there is any dispute as to

what happened [24] there. Based on the evidence

that has been presented in the [25] motions and in

the response the Court has no other choice in

(4)

[1] this Court's opinion than to sustain that motion

because [2] there is no evidence of anything other

than a business [3] transaction that was performed

by the companies in that [4] respect. So I am going

to grant both motions for summary [5] or the motion

for summary for all the parties and [6] render

judgment accordingly. And I will grant you an [7]

exception, Mr. Olson.

[8] MR.OLSON: Will the record, transcript of

the [8] record be available ?

(10) THE COURT: Certainly. It's available for

[11] purchase by any of you.

[12] MR.OLSON: Okay. And will you also include

a [13] statement as to your reasoning as to --

[14] THE COURT: I have included that in my

ruling. [15] Yes ?

{16} MR. DEVOLL: That was my question, Judge.

Is the [17] Court going to issue an order ?

[18] THE COURT: I'll issue a written order.

[19] MR. BROLICK: Your Honor, we also, Davis

K-4

Operating [20] company also had a motion for

summary judgment on a payment [21] that was

made for about $7,000. If those leases were not [22]

valid when we madc that payment we would ask

that we be [23] granted summary judgment on

that motion too

[24] THE COURT: That's payments that you

made -- |

[25] MR. BROLICK: After.

(5)

(1) THE COURT: After the fact.

[2] MR. BROLICK: Yes, Your Honor.

[3] THE COURT: I'm going to reserve ruling on

that [4] particular motion until I have an opportunity

to look at it. [5] I quite frankly wasn't concentrating

on that. I need to go [6] back and look at that. Now

what I will do I will give you [7] each an opportunity

to provide me a proposed order including [8] findings

of fact. I think that is what you are asking for.

[9] MR. OLSON: Yes,sir.

{i0} THE COURT: And I'll give you each ten days,

each [11] of you, to present to me proposed findings

of fact and |12] conclusions of law for purpose of -- |

will write my [13] own order however.

[14] MR. DEVOLL: Your Honor, | believe based

on the [15] Court's ruling the balance of the motions

that are [16] pending --

[17] THE COURT: Are moot. That would be

correct. And [18] I'll give you a written, all parties

on that particular one. [19] I apologize for not

K-5

covering it.

[20} MR. BROLICK: It was a small part of the

whole [21] thing I understand. [22] May we be

excused ?

[23] THE COURT: You may be excused.

[24] MR. DEVOLL: Thank you, Your Honor.

[25]

Certified by

s/ Beth Malatin

Beth M. Malatin, RPR

Registered Professional Reporter

APPENDIX L

IN THE DISTRICT COURT OF BLAINE COUNTY

STATE OF OKLAHOMA

ROBERT OLSON,

Plaintiff, Case No.

CF-2004-121

VS.

CONTINENTAL RESOURCES,

Defendant,

TRANSCRIPT OF PROCEEDINGS

CONDUCTED JUNE 16, 2005

BEFORE THE HONORABLE RONALD G.

FRANKLIN, DISTRICT JUDGE,

In and for Blaine County, Oklahoma

APPEARANCES:

Mr. Robert Olson Ms. Julia C. Rieman

9022 E 60th Street 323 W. Broadway

Tulsa, OK 74145 Enid, OK 73701

For the Plaintiff For Continental

Resources

Mr. Robert B. Sartin

610 South Main, Suite 300

Tulsa, OK 74119

APPENDIX L

Reported by:

Beth M. Malatin, RPR

Official Court Reporter

Garfield County Courthouse

Enid, Oklahoma 73701

Page 1

{1} THE COURT: That takes us then to CJ 04-

121.

{2} MR.OLSON: Yes,sir.

(3) THE COURT: Which I believe is your motion.

[4] We have had numerous motions filed in this

case. The [5] motion that we are dealing with now

is this one, what [6] date was the date of filing

on that? Was that December -- [7] The date of

filing is what I'm looking for.

[8] MR.OLSON: Approximately the 14th or

15th day of [9] December, I believe.

[10] THE COURT: All right. I have got it. Finally

[11] got there. All right. Mr. Olson, you may

proceed.

{12} MR. OLSON: Thank you, sir. This

illustration [13] approximate assignment flow

chart of the Matli 1-17 well in [14] Section 17. In

the beginning Vulcan Energy owned a hundred [15]

percent of the leases. I was the geologist that

developed [16] that prospect. My override was

assigned out of those base [17] leases. After the

Matli well was successfully drilled, [18] satisfied

L2

the amendment {habendum!] clause, my override

became a vested [19] established mineral estate.

And as such Continental [20] Resources and Davis

by releasing the leases they had they [21] were

releasing sub leases, not the base lease. As long as

[22] there is a claim from the base lease, they

cannot destroy [23] that claim on the basc lease,

my override, unless the [24] entire lease is forfeited

or extinguished by total [25] abandonment. they

did neither. And that concept is

Page 2

[1] followed in case law in Texas, West Virginia,

Pennsylvania [2] and Wyoming as well as

Oklahoma and Oklahoma the case is {3} Caudel v.

Branden 176 Oklahoma 394.

[4] On summary Judgments, summary judgments

are not [5] favored. All conclusions drawn from the

evidentiary {6] materials must be viewed in the

light most favorable to the [7] opposing party which

was me. The question on whether the [8] lease

expired or was extinguished or surrendered is a [9]

controversial part of the summary judgment order.

A [10] reasonable person might reach a different

conclusion from [11] the facts suggested by the

motion for summary judgment. [12] Granting

summary judgment would be improper. I have

shown [13] your summary judgment order to a

significant number of [14] people. Representative

Fred Perry would draw different [15] conclusions.

L3

I have submitted it or my brother had a clerk [16]

in one of the Texas Appellate District Appeals Court

clerks and [17] she said that the summary judgment

was improper. The summary [18] judgment was

pronounced before adequate discovery. The [19]

summary judgment cannot reach the merits that

are not [20] available, if those merits are not

available to the Court. [21] We didn't see the

operating agreement. We didn't see the [22]

participation agreement. We didn't see the

agreements that [23] Continental Resources tried

to work on prior to Davis [24] acquiring their

interest. If the merits don't appear [25] before the

Court how can the Court make a summary

judgment

Page 3

[1] on the merits. I say the Court cannot.

[2} Material facts were disputed. I significantly

[3] disputed those material facts. The surrender

clause in an [4] oil and gas lease is primarily a

primary term [5] consideration. The surrender

clause looks at actual [6] surrender of the acreage to

reduce delay rental payments. [7] And there was no

acreage released. So the surrender clause [8] was

not applicable because there was no acreage [9]

surrendered.

[10] And the word probably. The word probably in

that 11] summary judgment order indicates an

ambiguity in the [12] facts. The word probably

L4

gives the summary judgment order [13] a floating

basis, not an absolute basis that is required by [14]

summary judgment. We have discussed some of

these [15] already. The points of law that were

missed in the summary [16] judgment. The

surrender clause we have discussed that. [17]

Estate, when the well is drilled and completed the

mineral [18] estate is established in my name for

that override. Okay. |19] The lease assignment

from the base lease where assignments [20] were

not a hundred percent are sub leases. Davis and

[21] Continental Resources had sub leases. They

did not have [22] the base lease.

[23] Fiduciary oil and gas lease contract

relationships. I [24] will discuss that in a minute.

Fiduciary is imposed by [25] power and control.

You will grant that, would you not?

Page 4

[1] THE COURT: Proceed.

[2] MR. OLSON: And the viability of the legal

[3] position of the base leases. Until all activity

ceases on [4] the lease, until the chain of

operatorship is broken, until [5] everyone leaves

and that lease is available to be leased by [6] a

third party, the base lease is still viable and the

chain [7] of operatorship through from Vulcan all

the way to [8] Continental Resources and Davis and

whoever is operating it [9] is not broken. And you

pronounced summary judgment [10] before we had

L5

oral argument on summary judgment. that [11]

restricts my access to present my case. And I asked

you to [12] on your summary judgment order to cite

the law that you [13] relied on to make your legal

decisions and you're duty [14] bound to do that and

it wasn't done.

[15] And in 121 which we are discussing now is

contrary to [16] Title 12 Oklal:oma Statutes

Section 100. The contract [17j structure in an oil

and gas deal, the promoter and his [18] geologist

determine a likely spot to find oil and gas. [19]

Promoter buys the oil and gas leases at a royalty

say 18.75 (20] just for an example number.

Agreement between the promoter [21] and the

geologist, the geologist is to receive one anu a [22]

half percent override, which is what my agreement

was. And [23] say the promoter wants to keep two

and a half percent so [24] this brings the total

royalty burden to 22.75 percent. [25] That's before

the working interest people ever are brought

Page 5

[1] into the picture. This leaves a net revenue of

77.25. At [2] 77.25 when people participate in that

they participate in [3] that subject to the net

revenue, which means they agree to [4] pay all

royalty burdens, override and land owner royalties

[ 5] up to 77.25 percent. So the override owner is a

third [6] party beneficiary of the participation

agreement.

[7] Now the participation agreement denotes

L6

what will be |<) done in an oil and gas deal. The

operating agreement [9] determines how that will

be done. So the participation [10] is the dominate

agreement in an oil and gas deal. [11] The

operating agreement is subject to the participation

[12] agreement which is subject to the net revenue,

which puts [13] the override owner as a third party

creditor beneficiary of [14] the operating agreement

subject to all fiduciary [15] benefits of being a

beneficiary of the contract. All the [16] fiduciary

requirements. The operator has that fiduciary [17]

duty to the override, not to take it, and that was

done [18] here.

[19] This is from the State Commissioners Land

Office in [20] Oklahoma v. Amoco Production

Company. They held that after [21] production is

found in time to preserve the lease the [22] question

with reference to its extensive operation over all

[23] the premises described thereon is one of

diligent and [24] proper development according to

the covenants contained in [25] the lease. Itisa

question of forfeiture not one of

Page 6

[1] expiration. So in order for my override to

disappear you [2] have to declare that entire lease

forfeit. An entire [3] lease, entire ground, the entire

premises forfeit such that [4] it could be leased by

a third party. That's not been done. [5] And it

can't be done because they are still operating it.

L7

[6] And the courts are statutorily mandated to

avoid the effect [7] of forfeiture by giving

consideration to compelling [8] equitable

circumstances. I owned that override. That is a [9]

compelling equitable circumstance. Continental

Resources [10] value that lease at 11.9 BCF left in

it. That means my [11] override was worth about

$937,000 according to the way they [12] valued it.

That's a significant amount of money being [13]

improperly taken from me. Significant amount of

value. It [14] shouldn't have been done. And it was

not done on the [15] merits any place. Summary

judgment was not on the merits [16] and the Court

of Civil Appeals decision was not on the [16] merits.

The Court of Civil Appeals decision was purely an

[18] alleged Rule 13 violation. It did not reach the

merits. [19] And the certiorari, of course that

didn't reach the merits [20] either. That's not

considered merits. So the decision, my [21] loss in

case 151 was not on the merits. So] have a proper

[22] right to refile the case and | have refiled it

under [23] 2004-121.

[24 THECOURT: Mr. Olson, just so I can be

[25] clear, my understanding is your complaint is

that my

Page 7

[1] sustaining the motion for summary judgment

in 151 did not [2] reach the merits and therefore you

are free to persue this [3] matter in the new case.

Is that correct?

L8

[4] MR.OLSON: Would you rephrase that again?

[5] THE COURT: That my sustaining the motion

[6] for summary judgment did not reach the merits

of the case [7] and therefore you're free to file a new

case under [8] CJ 04-121. Is that your position?

[9] MR. OLSON: When did you sustain?

{10} THE COURT: The 121, the motion for

summary [11] was sustained I believe. It was

appealed, [12] affirmed by the Court of Appeals,

certiorari was denied and a [13] mandate was

issued.

[14] MR. OLSON: Yes, sir.

(15) THE COURT: While you don't agree and

some [16] of your folks don't agree that that was

right, our Civil [17] Court of Appeals agreed it was

right and our Supreme Court [18] of the State of

Oklahoma said I was proper in doing that. [19]

Now so my question to you is, I am gathering what

you are [20] trying to say is is because it was a

Rule 13 violation the |21] way you perceive it that

you are free to go ahead and file [22] another action

on the same facts because the issues were [23] not

reached. Is that your position?

(24) MR.OLSON: Yes, sir.

[25] THE COURT: Okay. That's what I'm trying to

Page 8

[1] get to. That is your position, correct?

[2] MR.OLSON: Yes, sir.

[3] THE COURT: Is there any other --- Now put

L9

[4] that aside. I understand that issue. Is there

any other [5] issue that you're raising why the Court

erred in dismissing [6] CJ 04-121?

[7] MR.OLSON: That goes back to the notebook

[8] episode where the opposing counsel supplied

you with a [9] notebook on this case.

(10) THE COURT: That also was overruled by

me, [11] by the presiding district judge, and

certiorari was denied by [12] the Supreme Court.

They declined to hear it.

[13] MR.OLSON: They voted seven to two to

let [14] you get away with it.

[15] THE COURT: Otherwise seven of the

Supreme [16] Court Justices of Oklahoma agreed

that I was correct in not [17] recusing to descent.

[18] MR.OLSON: No, sir. they agreed not to

[19] disqualify you for that.

(20]} THE COURT: That's what I mean.

[21] MR.OLSON: That's quite different from

[22] saying that you did it properly.

(23] THE COURT: They basically said I did not

[24] have to disqualify.

[25] MR.OLSON: Yes.

Page 9

[11] THECOURT: Allright. I mean I'll buy that,

[2] sure.

[3] MR.OLSON: Okay. When you accepted that

[4] notebook ---

(5) THE COURT: That has been decided. It's

[6] over, Mr. Olson. That portion is over. I'm not

L10

[7] disqualifying and they said I didn't have to.

[8] MR. OLSON: That's fine.

[9] THECOURT: And it's not an issue in this

[10] case. Where we are right now is, and you need

to [11] understand the motion for summary

judgment has been [12] sustained in 151. The

mandate has been issued. that order [13] is final.

Even I cannot change that order. that is res [14]

judicata, otherwise you are prohibited from filing

any [15] further action on those set of facts that you

presented in [16] 151. I believe that to be the law.

Do you believe it not [17] to be the law?

[18] MR.OLSON: One hundred says that if I

lost [19] not on the merits I have the right to refile

it. So I have to [20] prove that my loss was not on

the merits. If I can [21] prove that my loss was not

on the merits ---

[22] THE COURT: I understand your argument

now.

[23] MR.OLSON: Okay. Then I have the right

[24] to refile.

[25] THE COURT: All right. anything further you

Page 10

[1] want to say on that respect. I appreciate you

clearing [2] that up. I now understand where you're

headed. Okay. [3] Anything further?

[4] MR.OLSON: No.

[5] THECOURT: Care to respond to

(6] Rieman?

[7] MS. RIEMAN: Your Honor, first I apologize,

L11

[8] I understood that the motion of Mr. Olson that

was going to [9] be heard today was his motion

requesting a hearing on his [10] motion for new trial

and we responded to that, that we [11] thought the

request was mooted by the mandate and by the [12]

Supreme Court's refusal to issue the writ to remove

Your {13] Honor from this case. As you pointed out

to Mr. Oison the [14] summary judgment is final,

it's res judicata, and they [15] found that the

alleged improprieties Mr. Olson complains of [16]

were not sufficient to justify disqualification, so I

[17] believe the issues raised by Mr. Olson's motion

for new [18] trial are moot and it should be denied.

[19] THE COURT: Care to respond?

[20] MR. SARTIN: I[)just want to further what

Miss [21] Rieman said, Your Honor. I believe that

a summary judgment [22] motion is on the merits.

I think that by granting summary [23] judgment

the Court is saying that there is not any dispute

[24] as to any material fact and that as matter of

law judgment [25] can be entered. That necessarily

requires a review of the

Page 11

[1] facts, a review of the merits of the Plaintiff's

claim [2] having granted that I think it is on the

merits and [ think [3] it is res judicata, barred to be

brought again.

[4] THE COURT: Care to respond to that?

[5] MR. OLSON: I think that it is not res

L12

{6] judicata. I think I can prove that the summary

judgment order [7] was not on the merits and the

Court of Civil Appeals [8] decision was not on the

merits. And so since neither one [9] of these actions

reached the merits of the case that I have [10] a

proper right to refile the case.

[11] THE COURT: All mght. Thank you very

much, [12] Mr. Olson. I understand where you're

coming from. The [13] Court is of the opinion

however that it is res judicata on [14] the mandate

and absence new evidence of which I have heard

[15] none there is no right to proceed any further.

And as such [16] I'm going to deny your motion for a

new trial and grant you [17] an exception.

[18] MR.OLSON: Because I definitely am going

to [19] object to it and I'm definitely going to appeal

it.

[20] THE COURT: I assumed that you would,

[21] Mr. Olson.

(22) Anything further?

[23] MR.SARTIN: No, Your Honor.

[24] THE COURT: Miss Rieman, do you want to

try [25] to draw a journal entry to that?

Page 12

[1] MS. RIEMAN: Certainly.

(2} THECOURT: Justa simple denial is what

it [3] is, and exception allowed.

* * #

{1} STATE OF OKLAHOMA

[2} COUNTY OF GARFIELD

[3] CERTIFICATE

[4]

[5] 1, Beth M. Malatin, Registered Professional

[6] Reporter duly licensed and qualified in and for

the State of [7] Oklahoma, DO HEREBY CERTIFY

that on the 16th day of June, [ 8] 2005, at the

County Courthouse in the city of Watonga, County

[9] of Blaine, State of Oklahoma, commencing at

10:00 a.m. , that [10] I reported by means of

stenotype, a true, correct and [11] complete

verbatim record of the testimony then and there

[12] conducted in the foregoing-styled cause.

[13] I FURTHER CERTIFY that since said date

I have [14] correctly transcribed my stenographic

notes then and [15] there so taken; and, further,

that the foregoing, [16] consisting of 14 pages is a

true, correct and [17] complete transcript of the

record which I made at such [18] hearing, as

reflected by my stenographic notes then [19] and

there so taken.

[20] IN WITNESS WHEREOF, [ hereunto set my

hand and [21] affix my official stamp at Enid, OK

this 6th day of July, 2005.

s\b Beth M. Malatin

Beth M. Malatin

Oklahoma Certified

Shorthand Reporter

Certificate No. 0899

Exp. Date: December 31 200-

Beth M. Malatin,

RPR Cert #899

APPENDIX L(a)

IN THE DISTRICT COURT OF BLAINE COUNTY

STATE OF OKLAHOMA

ROBERT OLSON,

Plaintiff,

)

) Case No.

vs y ©

)

)

J-2004-121

CONTINENTAL RESOURCES,

Defendant.

TRANSCRIPT OF PROCEEDINGS

CONDUCTED AUGUST 11, 2005

BEFORE THE HONORABLE RONALD G.

FRANKLIN, DISTRICT JUDGE, In and for

Blaine County, Okiahoma

APPEARANCES:

Mr. Robert Olson

9022 E 60th Street

Tulsa, Oklahoma 74145

For the Plaintiff

Ms. Julia C. Rieman

323 W. Broadway

Enid, OK 73701

For Continental Resources

Mr. Robert B. Sartin

610 Soith Main, Suite 300

Tulsa, OK 74119

Reported by:

Beth M. Malatin, RPR

Official Court Reporter

Gasfield County Courthouse

Enid, Oklahoma 73701

Page 1

[1] THE COURT: We are back then to CJ 04-121,

[2] Olson v. Continental Resources, Harold Hamm,

and Tom [3] Luttrell, et al, Motion for summary

judgment filed I [4] believe--- Mr. Olson, do you want

to come on up? --- [5] filed by Continental.

(6] MS. RIEMAN: Yes sir. Very briefly ---

[7} THE COURT: Just a minute here. Let [8] Mr.

Olson get up here.

[9] MR.SARTIN: Your Honor, may I also note my

{10] appearance for the record. Robert Sartin here

for Davis [11] Operating Company and William H.

Davis.

[12] THE COURT: Thank you. All right. This is

[13] Continental] Resources, Harold Hamm, Tom

Luttrell's motion [14] for summary judgment. The

Court has previously sustained a [15] motion for

summary judgment on behalf of Davis Operating

[16] Company and William H. Davis which is on

appeal I believe. [17] Is that correct?

[18] MS. RIEMAN: That's correct, Your Honor. [19]

Well, actually I think yours was a motion to dismiss,

[20] wasn't it?

[21] MR. SARTIN: Your Honor, ours was a [22]

Lia) 2

dismissal motion.

[23] THE COURT: That is correct.

[24] MS. RIEMAN: This is Continental, as the [25]

Court notes Continental, Harold Hamm, and Tom

Luttrell's

Page 2

[1] motion and this motion is asking the Court to

grant us [2] summary judgment on the basis of

clained{s} preclusion. The [3] Court is very familiar

with the facts of this case. I'm [4] not going to go

over all those. As we have started in our [5] reply

we think this is a very simple matter. The one

thing [6] I did want to bring to the Court's attention

because its [7] not mentioned in the briefs, Mr.

Olson's argument and [8] response to this motion is

essentially that the summary [9] judgment in the

2002 case was not on the merits. There [10] are

cases cited in the brief at page five that hold that

[11] summary judgment is always on the merits,

regardless of the [12] inadequacy of the response of

the non-moving party. It's [13] not a default

judgment. The thing that I didn't point out [14] in

my briefing that I would like to point out now and

this [15] is from 2004 Supreme Court case, 2004

OK 84. The case is [16] Head v. McCracken. And

this is probably more for [17] Mr. Olson's benefit.

I'm sure the Court is aware of this. [18] But on

review summary judgment is reviewed by a de novo

[19] standard. And what the Court says in this

case that means [20] is that in such a review the

Lia) 3

Appellate Court engages in a [21] plenary

independent and nondeferential reexamination of

the [22] trial court's ruling. The summary judgment

was affirmed by [23] the Court of Appeals in the

first appeal. It was affirmed [24] on the basis of

the recird that went up to that court which [25] did

not include this now infamous notebook that has

caused

Page 3

[1] Mr. Olson difficulty in this case. That Court

had to look [2] at the record and determine whether

or not Continental, [3] Harold Hamm and Tom

Luttrell were entitled to summary [4] judgment,

without any dife}fference to the decision made by

([5} this Court, and it affirmed summary judgment.

Cert was [6] denied. Mandate issued. That

judgment is final. This [7] petition asserts the

same claims. We're entitled to [8] summary

judgment on claimed{s} preclusion basis. Thank

you, [9] Your Honor.

[10] THE COURT: Mr. Olson, you may respond.

{11] MR. OLSON: Yes sir. The claim that the [12]

Court of Civil Appeals affirmed it is correct but

how the [13] Court of Civil Appeals affirmed it is

germane. They [14] affirmed it on a Rule 13

violation. They assumed or |15]asserted a Rule 13

violation. It actually didn't exist. [16] But they

affirmed it on basis of a perceived Rule 13 [17]

violation which does not go to the merits. And

certiorari doesn't go to the merits.

L(a) 4

[19} Now I would like to dispute the discussion of

[20] plaintiff or the undisputed facts that the

plaintiff or that [21] defendants assert here. On

August 11th, 2003 this Court [22] granted summary

judgment as to the defendants on all of [23]

plaintiff's claims against them in case CJ 2002-151.

(24] Plaintiff contends that none of his complaints

had been [25] adjudicated because the original

summary judgment was not

Page 4

[1] on the merits. The statement from Judge

Franklin's [2] Conclusions of law based on the

admissable evidence {'} is [3] undisputed that the

old leases have quite probably expired [4] under the

terms of said leases for failure to produce{'t.

[5] First, the word {'} probably {'} indicates

ambiguity in the [6] legal status of the leases.

Ambiguity in the Court's [7] mind. Second, the well

was completed as a producing gas [8] well, the

addendum {habendum} clause was satisfied, and at

that time [9] the base leases were converted into a

vested mineral estate [10] along with my override.

So, for that, when it's converted [11] into a vested

mineral estate it's the estate forfeiture [12]

statutes that apply, not lease expiration statutes.

[13] And then in number nine on your summary

judgment you [14] say plaintiff's right arose solely

from the old leases and [15] remain only through

the term of the old leases which [16] provided that

Lia) 5

the lessee had the right to unilaterally [17]

terminate a lease by a voluntary release thereof.

That [18] would be fine except they didn't have

leases. They had [19] assigned subleases. The

release of subleases does not [20] affect the status

of the base lease.

(21] THE COURT: Mr. Olson, you know we have

[22] argued this case and the facts of the case.

What we're [23] needing to argue here is the legal

issue concerning whether [24] your claim is

precluded by the Supreme Court. I have heard [25]

you argue these very same things numerous times

and I don't

Page 5

[1] need to hear them again. So 1 would appreciate

it if you [2] would keep your argument to the legal

issues in front of [3] the Court and that is is{n} this

case precluded by the fact [4] that it has been, all

the facts were in the old case. It [5] was affirmed.

Certiorari denied. Does that preclude you [6] from

proceeding. That's what I want to focus on.

[7] MR.OLSON: Well, Your Honor, in order to

[8] focus on that I believe it’s necessary to contrast

what [9] actually happened versus the actual legal

situation on the [10] ground concerning those leases.

Your summary judgment was [11] done on lease

expiration and voluntary release of leases.

{12} THE COURT: I understand. that's what

went [13] up and was in the summary judgment ---

L(a) 6

(14) MR.OLSON: Yes.

[15] THE COURT: That's what was affirmed.

[16] MR.OLSON: That's what was affirmed.

[17] That isa fictitious legal situation on the

ground [18] because ---

[19] THE COURT: Mr. Olson, I don't want to cut

[20] you short but the Appellate Court and the

Supreme Court [21] have both said it's not fictitious.

thta is the rule and [22] that is the case. What I

held is what they held. You're [23] precluded from

going any further on that the way I [24] understand

the Supreme Court's rulings. And as such based

[25] that I am going to sustain their motion for

summary

Page 6

[1] judgment because you are precluded. I find

nothing in your [2] responses that indicate there is

anything that has not been [3] litigated or you did

not have the opportunity to litigate [4] in the first

case. So there is nothing new that you're [5} raising

and as such I will sustain the motion for summary

[6] judgment and grant you an exception.

[7] MS. RIEMAN: ‘Thank you, Your Honor.

[8] MR.OLSON: _ Ido object, Your Honor,

because [9] | was not allowed to complete my ---

{10} THECOURT: I understand and I'll grant

you [11] an exception to that. You may be excused.

[12] MS. RIEMAN: Thank you.

[13] THECOURT: Do you want to draw a

journai [14] entry please?

[15] MS. RIEMAN: Yes, sir.

* * *

[1] STATE OF OKLAHOMA

[2] COUNTY OF GARFIELD

[3]

[4] CERTIFICATE

(5) I, Beth M. Malatin, Registered Professional

[6] Reporter duly licensed and qualified in and for

the State [7] of Oklahoma, DO HEREBY CERTIFY

that on the 11th day of [8] August, 2005, at the

County Courthouse in the city of [9] Watonga,

County of Blaine, State of Oklahoma, commencing

at [10] 10:00 a.m., that I reported by means of

stenotype, a true, [11] correct and complete

verbatim record of the testimony then [12] and

there conducted in the foregoing-styled cause.

[13] I FURTHER CERTIFY that since said date I

have [14] correctly transcribed my stenographic

notes then and there [15] so taken; and, further,

that the foregoing, consisting of [18] 8 pages isa

true, correct and complete transcript of the [17]

record which I made at such hearing, as reflected by

my [18] stenographic notes then and there so taken.

(19} IN WITNESS WHEREOF, | hereunto set my

hand and [20] affix my official stamp at Enid, OK

L(a) 8

this 22nd day of AugusL9a)t, 2005.

s\b Beth M. Malatin

Beth M. Malatin RPR Cert # 899

Beth M. Malatin

Oklahoma Certified Shorthand Reporter

Certificate No. 0899

Exp. Date: December 31, 2006

APPENDIX M

CONSTITUTIONAL AND STATUTORY

PROVISIONS INVOLVED

U.S.C.S. Const. Amend. 14,8 1 (2005)

Sec. 1. [citizens of the United States]

All persons born or naturalized in the

United States, and subject to the

jurisdiction thereof, are citizens of the

United States and of the State wherein

they reside. No State shall make or

enforce any law which shall abridge

the privileges or immunities of citizens

of the United States; nor shall any State

deprive any person of life, liberty, or

nroperty, without due process of law;

nor deny to any person within its

jurisdiction the equal protection of

the laws.

28 U.S.C.A.'9 455 (a)

Any justice, judge, or magistrate judge

of the United States shall disqualify

himself in any proceeding in which

his impartiality might reasonably be

questioned.

APPENDIX M

APPENDIX N

Oklahoma Statutes Involved

Oklahoma Court Rules and Procedure

State

2005

THOMSON

WEST

CHAPTER 16

VACATION AND MODIFICATION OF

JUDGMENTS BY TRIAL COURT

TITLE 12, OKLAHOMA STATUTES

Section 1031. District court, power to

vacate or modify its judgments, when

The district court shall have power to vacate or

modify its own judgments or orders within the

times prescribed hereafter:

1. By granting a new trial for the causc, within

the time and in the manner prescribed in Sections

651 through 655 of this title;

2: As authorized in subsection C of Section

2004 of this title where the defendant had no

actual notice of the pendency of the action at the

time of the filing of the judgment or order;

3. For mistake, neglect, or omission of the clerk

APPENDIX N

or irregularity in obtaining a judgment or order;

4. For fraud, practiced by the successful party,

in obtaining a judgment or order;

5. For erroneous proceeding against an infant,

or a person of unsound mind, where the condition of

such defendant does not appear in the record, nor

the error in the proceedings;

6. For the death of one of the parties before the

judgment in the action;

7. For unavoidable casualty or misfortune,

preventing the party from prosecuting or defending;

8. For errors in a judgment, shown by an infant

in twelve (12) months after arriving at full age, as

prescribed in Section 700 of this title; or

9. For taking judgments upon warrants of

attorney for more than was due to the plaintiff,

when the defendant was not summoned or

otherwise legally notified of the time and place of

taking such judgment.

R.L.1910, Section 5267; Laws 1969, c. 3064, Section 3, emerg.

eff. April 28, 1969; Laws 1999, c. 293, Section 9, eff.

Nov. 1, 1999.

Section 1031.1. Authorization to correct, open,

modify or vacate judgments — Time — Notice

A. Acourt may correct, open, modify or vacate a

judgment, decree, or appealable order on its own

initiative not later than thirty (30) days after the

judgment, decree, or appealable order prepared in

N-2

conformance with Section 696.3 of this title has

been filed with the court clerk. Notice of the court's

action shall be given as directed by the court to all

affected parties.

B. On Motion of a party made not later that

thirty (30) days after a judgment, decree, or

appealable order prepared in conformance with

Section 696.3 of this title has been filed with the

court clerk, the court may correct, open, modify, or

vacate the judgment, decree, or appealable order.

If the moving party did not prepare the judgment,

decree, or appealable order, and Section 696.2 of

this title required a copy of the judgment, decree, or

appealable order to be mailed to the moving party,

and the court records do not reflect the mailing of a

copy of the judgment, decree, or appealable order to

the moving party within three (3) days, exclusive of

weekends and holidays, after the filing of the

judgment, decree, or appealable order, the motion

to correct, open, modify, or vacate the judgment,

decree, or appealable order may be filed no later

than thirty (30) days after the earliest date on

which the court records show that a copy of the

judgment, decree, or appealable order was mailed

to the moving party. The moving party shall give

notice to all affected parties. A motion to correct,

open, modify, or vacate a judgment or decree filed

after the announcement of the decision on all issues

in the case but before the filing of the judgment or

N-3

decree shall be deemed filed immediately after the

filing of the judgment or decree.

C. After thirty (30) days after a judgment,

decree, or appealable order has been filed,

proceedings to vacate or modify the judgment,

decree, or appealable order shall be by petition in

conformance with Section 1033 of this title.

Laws 1969, c. 304, Section 1, emerg. eff. April 28, 1969; Laws

1990, c. 251, Section 15, eff. Jan. 1, 1991; Laws 1991, c. 251

Section 19, eff. June 1, 1991; Laws 1993, c. 351, Section 25,

eff. Oct. 1, 1993; Laws 1994, c. 343, Section 6, eff. Sept. 1,

1994; Laws 1997, c. 102, Section 9, eff. May 1, 1997; Laws

1999, c. 293, Section 10, eff. Nov. 1, 1999.

Section 1032. Proceedings to be by motion——

Notice

The proceedings to correct mistakes or omissions

of the clerk, or irregularity in obtaining a judgment

or order, shall be by motion, upon reasonable notice

to the adverse party or his attorney in the action.

R.L..1910, Section 5268; Laws 1969, c. 304, Section 4, emerg.

eff, April 28, 1969; Laws 1993, c. 351, Section 26,

eff. Oct. 1, 1993.

Section 1033. Proceedings by petition,

when — Summons

If more than thirty (30) days after a judgment,

N-4

decree, or appealable order has been filed,

proceedings to vacate or modify the judgment,

decree, or appealable order, on the grounds

mentioned in paragraphs 2, 4, 5, 6, 7, 8, and 9 of

Section 1031 of this title, shall be by petition,

verified by affidavit, setting forth the judgment,

decree, or appealable order, the grounds to vacate

or modify it, and the defenses to the action, if the

party applying was defendant. On this petition, a

summons shall issue and be served as in the

commencement of a civil action

R.L.1910, Section 5269; Laws 1999. c. 293. Section 11. eff

Nov 1, 1999.

Section 1034. Trial of application to vacate

The court may first try and decide upon the

grounds to vacate or modify a judgment or order

before trying or deciding upon the validity of the

defense or cause of action

R.L.1910, Section 5270

Section 1035. Liens and securities preserved

If a judgment is modified, all liens and securities

obtained under it shall be preserved to the modified

judgment

R.L.1910 Section 5271; Laws 1990. c. 251, Section 16, eff

Jan. 1, 1991.

Section 1036 Suspending proceedings —Bond

The party seeking to vacate or modify a judgment

or order, may obtain an order suspending

proceedings on the whole or part thereof; Which

order may be granted by the court, or any judge

thereof, upon its being rendered probable, by

affidavit, or by exhibition of the record, that the

party is entitled to have such judgment or order

vacated or modified. On the granting of any such

order, the court, or judge, may require the party

obtaining any such order to enter into an

undertaking to the adverse party to pay all

damages that may be caused by granting of the

same.

R.L.1910, 5272.

Section 1037. Suspension where judgment

given prematurely

When the judgment was rendered before the

action stood for trial, the suspension may be granted,

a

as provided in the last section, although no valid

defense to the action is shown; and the court shall]

make such orders, concerning the executions to be

issued on the judgment as shall give to the

defendant the same rights of delay he would have

had if the yadgment had been rendered at the

proper time.

R.L.1910, Section 5273

1. Title 12, Section 1036

Section 1038. Limitations

Proceedings to vacate or modify a judgment,

decree, or order, for the causes mentioned in

paragraphs 4, 5, and 7 of Section 1031 of this title

must be commenced within two (2) years after the

filing c the judgment, decree or order, unless the

party entitled thereto be an infant, or a person of

unsound mind and then within two (2) years after

removal of such disability. Proceedings for the

causes mentioned in paragraphs 3 and 6 of Section

1031 of this title, shall be within three (3) years,

and in paragraph 9 of Section 1031 of this title,

within one (1) year after the Defendant has notice

of the judgment, decree or order. A void judgment,

decree or order may be vacated at any time, on

motion of a party, or any person affected thereby.

R.L.1910, Section 5274: Laws 1990, c. 251, Section 17, eff

Jan. 1, 1991:Laws 1991, c. 251, Section 20, eff. June 1, 1991;

Laws 1993. c. 35L. Section 27. eff. Oct. 1, 1993

APPENDIX O

Exerpts from the

OKLAHOMA RULES OF PROFESSIONAL

‘CONDUCT

Effective July 1, 1988

Including Amendments Received Through

November 1, 2004

Research Notes

Annotations to the Oklahoma Rules of Professional

Conduct are available in Oklahoma Statutes

Annotated, Title 5, Chapter 1, Appendix 3-A, and in

OK-RULES database on Westlaw. Westlaw may also

be used to search for specific terms in cort rules or to

update court rules. See the OK-RULES and

OK-ORDERS Scope Screens for further information.

Amendments to these rules are published , as received,

in the P.38d and Oklahoma Decisions advance sheets.

RULE 1.2 SCOPE OF REPRESENTATION

(a) A lawyer shall abide by a client's decisions

concerning the objectives of representation, subject

to paragraphs (b), (c), and (d) and shall consult with

the client as to the means by which they are to be

pursued. A lawyer shall abide by a client's decision

APPENDIX O

whether to accept an offer of settlement of a matter.

In a criminal case, the lawyer shall abide by the

client's decision, after consultation with the lawyer,

as to a plea to be entered, whether to waive jury

trial and whether the client will testify.

(b) A lawyer may limit the objectives of the

representation if the client consents after

consultation.

(c) A lawyer shall not counsel a client to engage,

or assist a client, in conduct that the lawyer knows

is criminal! or fraudulent, but a lawyer may discuss

the legal consequences of any proposed course of

conduct with a client and may counSel or assist a

client to make a good faith effort to determine the

validity, scope, meaning or application of the law.

(d) When a lawyer knows that a client expects

assistance not permitted by the Rules of

Professional Conduct or other law, the lawyer shall

consult with the client regarding the relevant

simitation on the lawyer's conduct.

[Adopted effective July 1, 1998.]

RULE 3.3 CONDOR TOWARD THE TRIBUNAL

(a) A lawyer shall not knowingly:

(1) make a false statement of fact or law toa

tribunal;

(2) fail to disclose a fact to a tribunal when

disclosure is necessary to avoid assisting a criminal

or fraudulent act by a client.

(3) fail to disclose to the tribunal legal authority

Q-2

in the controling jurisdiction known to the lawyer to

be directly adverse to the position of the client and

not disclosed by opposing counsel; or

(4) offer evidence that the lawyer knows to be

false. If a lawyer has offered material evidence and

comes to know of its falsity, the lawyer shal] take

the following remedial measures.

(A) When a client has offered false evidence,

the lawyer shall promptly call upon the client to

rectify the same; if the client refuses or is unable to

do so, the lawyer shall promptly reveal its false

character to the tribunal; or

(B) When a person other than a client has

offered false evidence, the lawyer shall promptly

reveal its false character to the tribunal.

(b) The duties stated in paragraph (a) are

continuing and apply even if compliance required

disclosure of information otherwise protected by

Rule 1.6.

Misleading legal Argument. Legal argument

based on a knowingly false representation of law

constitutes dishonesty toward the tribunal. A

lawyer is not required to make a disinterested

exposition of the law, but must recognize the

existence of pertinent legal authorities. Furthermore,

as stated in Paragraph (a)(3), an advocate has a

duty to disclose directly adverse authority in the

controling jurisdiction which has not been disclosed

by the opposing party. The underlying concept is

O-3

that legal argument is a discussion seeking to

determine the legal premises properly applicable to

the case.

RULE 3.5 IMPARTIALITY AND

DECORUM OF THE TRIBUNAL

A lawyer shall not:

(a) seek to influence a judge, juror, prospective

juror or other decision maker except as permitted

by law or the rules of the tribunal.

(b) in an adversary proceeding, communicate or

cause another to communicate as to the merits of

the cause, with a judge or an official before when the

proceeding is pending except:

(1) in the course of the official proceeding in the

cause;

(2) in writing if the lawyer promptly delivers a

copy of the writing to the opposing counsel or to the

adverse party if not represented by a lawyer;

(3) orally upon notice to opposing counsel or to

the adverse party if not represented by a lawyer;

and

(4) as otherwise authorized by law; or

(c) communicate directly or through another with

a juror or prospective juror except as permitted by

law or the rules of court; or

(d) engage in conduct intended to disrupt a

tribunal.

[Adopted effective July 1, 1988.]

RULE 8.4 MISCONDUCT

It is professional misconduct for a lawyer to:

(a) violate or attempt to violate the Rules of

Professional Conduct, knowingly assist or induce

another to do so, or do so through the acts of

another;

(b) commit a criminal act that reflects adversly

on the lawyer's honesty, trustworthiness or fitness

as a lawyer in other respects;

(c) engage in conduct involving dishonesty, fraud,

deceit or misrepresentation;

(d) engage in conduct that is prejudicial to the

administration of justice;

(e) state or imply an ability to influence

improperly a government agency or official;

(f) Knowingly assist a judge or judicial officer in

conduct that is a violation of applicable rules of

judicial conduct or other law.

[Adopted effective July 1, 1988.]

APPENDIX P

Exerpt from the

CODE OF JUDICIAL CONDUCT

Effective November 1, 1997

Including Amendments received through

November 1, 2003

Research note

Annotations to the Code of Judicial Conduct are

available in Oklahoma Statutes annotated, Title 5

Chapter 1, Appendix 4, and in the OK-RULES

database on Westlaw. Westlaw may also be used to

search for specific terms in court rules or to update

court rules. See the OK-RULES and OK-ORDERS

Scope Screens for further information.

Amendments to these rules are published, as

received, in the P.38d and Oklahoma Decisions

advance sheets.

Canon

1. AJudge Should Uphold the Integrity and

Independence of the Judiciary.

2. AJudge Should Avoid Impropriety and the

Appearance of Impropriety in All of the

Judge's Activities.

APPENDIX P

CANON 1. A JUDGE SHOULD UPHOLD THE

INTEGRITY AND INDEPENDENCE OF THE

JUDICIARY

An independent and honorable judiciary is

indispensable to justice in our society. A judge

should participate in establishing, maintaining

and enforcing high standards of conduct, and should

personally observe those standards so that the

integrity and independence of the judiciary will be

preserved. The provisions of this Code are to be

construed and applied to further that objective.

[Effective November 1, 1997.]

CANON 2. A JUDGE SHOULD AVOID

IMPROPRIETY AND THE APPEARANCE OF

IMPROPRIETY IN ALL OF THE JUDGE'S

ACTIVITIES.

A. A judge should respect and comply with the law

and act at all times in a manner that promotes

public confidence in the integrity and impartiality

of the judiciary.

B. A judge should not allow family, social,

political or other relationships to influence the

judge's judicial conduct ot judgment. A judge

should not lend the prestige of judicial office to

advance the private interests of the judge or others;

nor should a judge convey or permit others to convey

the impression that they are in a special position to

influence the judge. A judge should not testify

voluntarily as a character witness.

[Effective November 1, 1977.]

CANON 3. A JUDGE SHOULD PERFORM

THE DUTIES OF JUDICIAL OFFICE

IMPARTIALLY AND DILIGENTLY

A. Judicial Duties in General. The judicial

duties of a judge take precedence over all the judge's

other activities. The judge's judicial duties include

all the duties of the judge's office proscribed by law.

In performance of those duties, the following

standards apply.

B. Adjudicative Responsibilities.

(1) A judge should be faithful to the law and

maintain professional competence in it. A judge

should not be swayed by partisan interests, public

clamor or fear of criticism.

(2) A judge should require order and decorum in

proceedings before the judge.

(3) A judge should be patient, dignified and

courteous to litigants, jurors, witnesses, lawyers

and others with whom he the judge deals in official

capacity, and should require similar conduct of

lawyers, and of his staff, court officials and others

P-3

subject to the judge's direction and control.

(4) A judge should perform judicial duties

without bias or prejudice. A judge should not, in the

performance of judicial duties, by words or conduct,

manifest bias or prejudice, including but not limited

to bias or prejudice based upon race, sex, religion,

national origin, disability, age, sexual orientation or

socioeconomic status, and should not permit staff,

court officials and others subject to the judge's

direction and control to do so.

(5) A judge should require lawyers in proceedings

before the judge to refrain from manifesting, by

words or conduct, bias or prejudice based upon race,

sex, religion, national origin, disability, age, sexual

orientation, or socioeconomic status, against parties,

witnesses, counsel or others. This Section 3B(5)

does not preclude legitimate advocacy when race,

sex, religion, national origin, disability, age, sexual

orientation or socioeconomic status, or other

similar factors, are issues in the proceeding.

(6) A judge should accord to every person who

has a legal interest in a proceeding, or that person's

lawyer, the right to be heard according to law. A

judge should not initiate, nor consider ex parte

communications, or consider other communications

made to the judge outside the presence of the parties

concerning a pending or impending proceeding

except that:

(a) Where circumstances require, ex parte

P-4

communications for scheduling, administrative

purposes or emergencies that do not deal with

substantive matters or issues 9n the merits are

authorized; provided that the judge reasonably

believes that no party will gain a procedural or

tactical advantage as a result of the ex parte

communication.

(b) A judge may obtain the advice of a

disinterested expert on the law applicable to a

proceeding before the judge if the judge gives notice

to the parties of the person consulted and the

substance of the advice, with a record being made,

a d affords the parties reasonable opportunity to

respond.

C. Disciplinary Responsibilities. A judge

should report to the appropriate disciplinary

authority any unprofessional conduct of a judge or

lawyer of which the judge may become aware.

D. Disqualification. A judge should disqualify

himself or herself in a proceeding in which the

judge's impartiality might reasonably be

questioned, .... .

APPENDIX @Q

RULES FOR DISTRICT COURTS OF

OKLAHOMA

Adopted Effective January 1, 1982,

Including Amendments Received

through November 1, 2004

O.S. Title 12, Chapter 2, Appendix 1

RULE 13. SUMMARY JUDGMENT

OR SUMMARY DISPOSITION

OF ISSUES

a. Aparty may move for either summary judgment

or summary disposition of any issue on the merits

on the ground that the evidentiary material filed

with the motion or subsequently filed with leave of

court show that there is no substantial controversy

as to any material fact. The motion shall be

accompanied by a concise written statement of the

material facts as to which the movant contends no

genuine issue exists and a statement of argument

and authority demonstrating that summary

judgment or summary disposition of any issues

should be granted. Reference shal] be made in the

statement to the pages and paragraphs or lines of

the evidentiary materials that are pertinent to the

motion. Unless otherwise ordered by the court, a

copy of the material relied on shall be attached to

the statement.

The motion may be served at any time aften the

APPENDIX Q

filing of the action, except that, if the action has been

set for trial, the motion shall be served at least

twenty (20) days before the trial date unless an

applicable scheduling order establishes an earlier

deadline. The motion shall be served on all parties

and filed with the court clerk.

b. Any party opposing summary judgment or

summary disposition of issues shall file with the

court clerk within fifteen (15) days after service of

the motion a concise written statement of the

material facts as to which a genuine issue exists

and the reasons for denying the motion; provided,

however, that a responsive statement shall not be

due from a party earlier than forty-five (45) days

after service of the first summons by, or upon that

party. Unless otherwise ordered by the court, the

adverse party shall attach to the statement

evidentiary material justifying the opposition to the

motion, but may incorporate by reference material

attached to the papers of another party. In the

statement, the adverse party or parties shall set

forth and number each specific material fact which

is claimed to be in controversy and reference shall be

made to the pages and paragraphs or lines of the

evidentiary materials. All material facts set forth

in the statement of the movant which are supported

by acceptable evidentiary material shall be deemed

admitted for the purpose of summary judgment or

summary disposition unless specifically controverted

by the statement of the adverse party which is

Q-2

supported by acceptable evidentiary material. If the

motion for summary judgment or summary

disposition is granted, the party or parties opposing

the motion cannot on appeal rely on any fact or

material that is not referred to or included in the

statement in order to show that a substantial

controversy exists.

c. ‘The affidavits that are filed by either party shall

be made on personal knowledge, shall show that the

affiant is competent to testify as to the matters

stated therein, and shall set forth matters that

would be admissable at trial. The admissibility of

other evidentiary material filed by either party shall

be governed by the rules of evidence. If there is a

dispute regarding the authenticity of a document or

admissibility of any submitted evidentiary material,

the court may rule on the admissibility of the

challenged material before disposing of the motion

for summary judgment or summary disposition. A

party challenging the admissibility of any

evidentiary material submitted by another party

nay raise the issue expressly by written objection or

;notion to strike such material. Evidentiary material

that does not appear to be convertible to admissible

evidence at trial shall be challenged by objection or

motion to strike, or the objection shall be deemed

waived for the purpose of the decision on the motion

for summary judgment or summary disposition. Ifa

trial of the factual issues is required after

proceédings on a motion for summary judgment or

Q-3

summary disposition, evidentiary rulings in the

context of the summary procedure shall be treated

as rulings in limine.

d. Should it appear from an affidavit of a party

opposing the motion that for reasons stated the

party cannot present evidentiary material sufficient

to support the opposition, the court may deny the

motion for summary judgment or summary

disposition without prejudice or may order a

continuance to permit affidavits to be obtained or

depositions to be taken or discovery to be had or

may make such other order as is just. A motion

filed pursuant to this paragraph shall not be

deemed a consent to the exercise by the court of

jurisdiction over the party, or a waiver of the right

to file a motion to dismiss the action.

e. If it appears to the court that there is no

substantial controversy as to the material facts and

and that one of the parties is entitled to judgment

as a matter of law, the court shall render judgment

for said party.

If the court finds that there is no substantial

controversy as to certain facts or issues, the court

may enter an order specifying the facts or issues

which are not in controversy and direct the action

proceed for a determination of the remaining fact or

issues. An order denying either summary judgment

or summary disposition is interlocutory and is not

reviewable on appeal prior to final judgment.

Q-4

rit

:

subject to accelerated appellate review under Rule

1.36 of the Oklahoma Supreme Court Rules. The

record on appeal will be limited to:

(1) the memorialized entry of judgment; in multi-

party or multi-claim cases the judgment or

dismissal order must either (1) dispose of all claims

and all parties or (2) entirely dispose of at least one

claim or one party and contain the express

determination that there is no just reason for delay

with the express direction by the trial judge that

judgment be filed. See 12 O.S. Section 994.

(2) pleadings proper as defined by 12 O.S. Section

2007(A);

(3) applicable instruments on file, including the

motion and response with supporting briefs and

materials filed by the parties as prescribed by

subsections (a) and (b);

(4) any other item on file which, according to some

recitation in ine trial court's written journal entry or

in some other order, was considered in its decision;

(5) any other order dismissing the claim or

determining the issues as to some but not al]

parties or claims;

(6) any transcripts of the hearing on the motion;

(7) any motions, along with supporting and

responsive briefs, for a new trial (re-examination)

of summary judgment or appealable summary

disposition process.

(Withdrawn and replaced effective November 1,

1984; amended June 29, 1993; amended effective

September 16, 2002.

p 3 Q-6

APPENDIX R

OKLAHOMA SUPREME COURT

RULES

Effective January 1, 1997

Including Amendments Received

Through November 1, 2004

O.S. Title 12, Chapter 15, Appendix.

Rule 1.36 ACCELERATED PROCEDURE

FOR SUMMARY JUDGMENTS AND

CERTAIN DISMISSALS

(a) Cases Applied. The Rule 1.36 accelerated

procedure will govern appeals from:

1. summary judgments in cases in which the

motions were filed under District Court Rule 13

after October 1, 1993; and

2. final orders in cases in which motions to

dismiss for failure to state a claim or lack of

jurisdiction (of a person or subject matter) under

District Court Rule 4 were filed after October 1,

1993.

In multi-party or multi-claim cases the summary

judgment or dismissal order must either (1) dispose

of all claims and all parties or (2) entirely dispose of

at least one claim or one party and contain the

express determination that there is no just reason

for delay with the express direction by the trial

APPENDIX R

judge that judgment be filed. See 12 O.S.Supp.

1995 Section 994.

(b) Commencement of Appeal. Appeals in

these cases will be commenced by filing a petition in

error with a certified copy of dismissal order or of

summary judgment and, where applicable, a

certified copy of the order denying new trial, with

payment of costs or an affidavit in forma pauperis.

The petition in error must comply with all Rules to

the extent they are consistent with Rule 1.36. The

record shall be filed at the same time as the petition

in error. Rule 1.36(d).

(c) Record on Appeal. The record on appeal will

stand limited to:

(A) In appeals from summary judgment: .

(1) the memorialized order by which summary

judgment was entered;

(2) pleadings proper as defined by 12 0.S.1991

Section 2007(A), (petition, answer, etc.);

(3) apphecable instruments on file, including the

motion and response with supporting briefs and

attached materials filed by the parties as required

by District Court Rules 13(a) and 13(b);

(4) any other item on file which, according to

some recitation in the trial court's journal entry or

in some other order, was considered in the decisional

process;

(5) any other order dismissing some but not all

parties or claims:

(6) any transcripts of proceedings on the motion(s);

(7) any motions, along with supporting and

responsive briefs, for a new trial (re-examination) of

the summary judgment process;

(8) the appearance docket; and

(9) a cover page and Index of the record prepared

by the party.

(B) In appeals from final orders on motions to

dismiss:

(1) the memorialized order of dismissal;

(2) pleadings proper as defined by 12 O.S. 1991

Section 2007(A), (petition, answer, etc.);

(3) the instruments upon which the dismissal is

rested;

(4) the motion(s) to dismiss and any supporting

brief(s);

(5) any responsive brief by the party asserting the

claim;

(6) any other item on file which, according to some

recitation in the trial court's dismissal order or in

some other order, was considered in its decision;

(7) any other order dismissing some but not all

parties or claims;

(8) any transcripts of proceedings on the motion;

(9) any motions, along with supporting and

responsive briefs, for a new trial (re-examination) of

the dismissal order;

(10) the appearance docket;

(1i) a cover page and Index of the record prepared

by the party.

R-3

(d) Record, Filing, Index, Copies, Transcripts,

Costs, Supplement to Record, and Additional

Copies on Certiorari. The record shall be filed by

appellant as a separate document, not attached to

petition in error. The record shall be titled "Record

on Accelerated Appeal" and shall be preceded by a

separate page containing signature of counsel (or

pro se parties) and a certificate of service, followed

by an "Index to Contents of Record." The index shall

use numerical references which shall correspond to

tabs for each of the documents or transcripts

included in the record. The record shall consist of

copies of instruments authorized by Rule 1.36(c),

selected for inclusion by the appellant. To the front

of the original and each of the copies of the record

there shall be appended the court clerk's certificate

identifying each of the included instruments as a

true and correct copy of the original on file in the

court clerk's office.

An original and four (4) copies of the record and

certificate of the clerk shall be filed. One copy shall

be served on every other party to the appeal unless

waived, and any such waiver must be reflected on

the certificate of service.

An appellant who is an inmate, as defined by the

provisions of 57 O.S. Section 566 (B)(2), lawyerless

and unable to produce the record required by this

subsection, may attach to the petition in error an

affidavit that discloses his (or her) prisoner status

R-4

and sets out a designation of record to be assembled

for the appeal. When such affidavit is filed, the

Supreme Court's clerk shall order from the trial

court's clerk the original record which is to be

compiled in accordance with the inmate's

designation in the text of his (or her) affidavit. If the

appealing inmate's pauper's affidavit is on file in

this court, the record shall be prepared and

transmitted to this court -- without payment of costs

-- within thirty (30) days of the date the inmate's

affidavit (with designation of record) is transmitted

to the trial court by this court's clerk.

It shall be the appellant's duty to order transcripts

from the court reporter and to pay costs to ensure

timely completion of transcripts. If the transcripts

are not filed with the petition in crror because of

delay in transcription, no more than one 30-day

extension of time to complete transcripts will be

granted by the court for good cause shown.

If the appellee desires to include documents or

transcripts not included by the appellant in the

record on appeal, the appellee shall order any such

transcript and file a separate document titled

"Supplement to Record on Accelerated Appeal,"

attaching any instruments or transcripts in the

same form and manner as required for an appellant

under Rule 1.36 herein. Any such supplement to the

record shall be filed concurrently with the Response

to the petition in error. The cost of transcribing

R-5

appellee-ordered portion of the record will be borne

by the appellant unless: (1) The trial judge finds

that the portion supports a counter or cross-appeal.

or (2) The trial judge directs otherwise for good cause

shown. In the latter event the appellee shall pay the

transcription fee.

In the event that any party files a petition for writ

of certiorari to review a Court of Civil Appeals

decision under this accelerated procedure, the

Supreme Court may issue an order requiring the

party who filed such petition for writ of certiorari to

submit to the Supreme Court Clerk additional

copies of the Record on Accelerated Appeal and any

Supplement to the Record on Accelerated Appeal.

(e) Response. Response(s) to the petition in error

shall be filed within 20 days of the petition in error.

If the appellee desires to include documents or

transcripts not included by the appellant the

appellee shall comply with Rule 1.36(d).

(f) Assignment of Appeal. After a response has

been filed or the time for filing has expired, the

appeal may be assigned to a division of the Court of

Civil Appeals, unless initial screening is incomplete

or there are unresolved jurisdictional, procedural or

postural defects. Assignment to the Court of Civil

Appeals shall be in a manner directed by the Chief

Justice, with notice given to the parties.

(g) Appellate Review and Briefs. The appellate

court shall confine its review to the record actually

presented to the trial court. Unless otherwise

R-6

ordered by the appellate court, no briefs will be

allowed on review. If briefs are ordered, the

appellate court will prescribe a briefing schedule.

Motions for leave to submit appellate briefs shall

be deemed denied unless affirmatively granted by

the court. No briefs shall be tendered by

attachment to a motion for leave to brief, and the

clerk shall not accept or file an appellate brief

without prior leave of the court. A motion for appeal

related attorncy's fees must be made by motion —

_ prior to mandate. See Rule 1.14.

(h) Oral Argument. Appeals may be decided

pursuant to this rule with or without argument. If

argument is granted and the appellate court should

orally announce its decision from the bench, it shall

also, as in other cases, hand down a memorandum

opinion or order. .

(i) Certiorari. Certiorari to review any decision

of the Court of Civil Appeals made pursuant to this

rule may be sought in the same manner as in any

other appeal. The time for filing a petition for

certiorari is governed by Rules 1.178, 1.179.

(j) N/A

(k) N/A

(l) N/A

APPENDIX S

OKLAHOMA STATUTES INVOLVED

OKLAHOMA STATUTES ANNOTATED

O.S. Title 21 8 461. Larceny or Destruction

of Records by Clerk or Officer

Any clerk, register or other officer having the

custody of any record, maps or book, or of any paper

or proceeding of any court of justice, filed or

deposited in any public office, who is guilty of

stealing, willfully destroying, mutilating, defacing,

altering or falsifying or unlawfully removing or

secreting such record, map, book, paper or

proceeding, or who permits any other person so to

do, shall be guilty of a felony punishable by

imprisonment in the State Penitentiary not

exceeding five (5) years, and in addition thereto,

such person shall forfeit office.

R.I. 1910 § 2207; Laws 1997, c. 133, $ 201, eff.

July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 112.

eff. July 1, 1999.

O.S. Title 21 8 463. Offering Forged or

False Instruments for Record

Any person who knowingly procures or offers

APPENDIX §

any false or forged instrument to be filed, registered,

or recorded in any public office within this state,

which instrument, if genuine, might be filed or

registered or recorded under any law of this state or

of the United States, shall be guilty of a felony.

R.L. 1910, S 2209; Laws 1997, c. 133 S 203, eff.

July 1, 1999.!

1

Notes of Decisions

1. In General: It is immaterial how instrument was forged

or whether defendant forged it or not. The question is, did

defendant present the forged instrument for record? Fowler

v. State, Okla. Crim. App., 20 Okla. Crim 410, 203 P. 900

(1922).

2. Evidence: In prosecusion under this section, proof of ways,

means, and circumstances of uttering a false or forged

instrument was sufficient, and not at variance with the

allegations. Fowler v. State, Okla. Crim. App., 20 Okla.

Crim. 410, 203 P. 900 (1922).

APPENDIX Y

IN THE DISTRICT COURT OF BLAINE

COUNTY

STATE OF OKLAHOMA

ROBERT OLSON,

Plaintiff,

vs

CONTINENTAL RESOURCES,

INC., an Oklahoma corporation,

HAROLD HAMM, an individual

and President and Chief

Executive Officer of Continental

Resources, Inc., TOM

LUTTRELL, an individual and

Vice President of Continental

Case No.

CJ-2002-151

Resources, Inc.,

And

DAVIS OPERATING COMPANY,

an Oklahoma Corporation,

WILLIAM H. DAVIS, an

individual and President of

Davis Operating Company,

Defendants

* * * *

EXERPTS FROM TRANSCRIPT OF HEARING

ON PLAINTIFF'S MOTION FOR RECUSAL OF

JUDGE RONALD G. FRANKLIN 1/13/05

APPENDIX _ Y-1

HELD ON JANUARY 13TH, 2005

BEFORE THE HONORABLE RAY DEAN

LINDER, PRESIDING JUDGE OF THE

FOURTH JUDICIAL DISTRICT

REPORTED BY

Mark W. Fike, C.S.R.

Official Court Reporter

1600 Main Street, Suite 7

Woodward, Oklahoma 73801

(580) 256 - 3405

APPEARANCES

Mr. Robert Olson

9022 E 60th Street

Tulsa, Oklahoma 74145

(918) 252 1987

Appearing Pro Se

x * * lead

Mr. Glenn A. Devoll

Ms. Julia C. Rieman

- Of the Firm -

Gungoll, Jackson, Collins, Box & Devoll, P.C.

323 West Broadway Avenue

P.O. Box 1549

Enid, Oklahoma 73702 - 1549

(580) 234 0436

Attorneys for Defendant Continental Resources

CONTENTS

Page

Appearances. ; 2

PLAINTIFF'S MOTION FOR RECUSAL:

Argument by Mr. Olson . 4

Response by Mr. Devoll . . 46

Further argument by Mr. Olson. 48

COURT'S RULING ; . 49

Certificate of Court Reporter . 88

(3)

a * * *

PROCEEDINGS

ae a a

Line [ | Page ( )

[4] THE COURT: There are two matters that |

think [5] will come on for consideration today :

CJ-2002-151 and [6] CJ-2004-121. These are

inter-related matters, it appears to [7] me. And

there is for consideration at this time the motion

[8] to disqualify the previously assigned and

presiding judge in [9] this matter, to wit: Judge

Franklin. That's the issue with [10] which we're

going to deal.

[11] The plaintiff present and ready to proceed

on that [12] basis.

[13] MR.OLSON: Yes, sir.

[14] THE COURT: Defendants present by

Y-4

counsel and [15] ready as well ?

[16] MR. DEVOLL: Yes, sir.

{17] THE COURT: Mr. Olson, we've not met.

It's my [18] understanding that you are Robert

Olson. You are not an [19] attorney at law. You

have chosen in the past, and choose [20] again

today, to proceed pro se; is that correct ?

[21] MR.OLSON: That is correct, sir.

(22) THE COURT: You understand that this is

a serious [23] matter. We're in the district court.

we are making a formal [24] record. We're going

to deal with not only district court [25] matters,

we're going to deal with matters from the Court of

(4)

[1] Civil Appeals, we're going to deal with matters

from the [2] Supreme Court of the State of

Oklahoma. Is that correct ?

(3] MR. OLSON: Yes, sir.

[4] THE COURT: I see as well by some of your

filings [5] that you have indicated you may seek

relief in the Supreme [6] Court of the United States.

You need to be aware of the fact [7] this is a court

of law. The court expects everyone who [8]

appears here to know the rules, to abide by the

rules and to [9] proceed professionally.

Understood ?

[10] MR.OLSON: Yes, sir.

[3] THE COURT: Ifthe file shows that that's

what [4] the order says, it would be correct,

would it not ?

[5] MROLSON: Yes.

[6] THE COURT: Have you looked at the file ?

[7] MR.OLSON: Uh --

{8} THE COURT: The court file contained

here in the [9] Blaine County courthouse.

[10] MR. OLSON: No, sir.

[11] THE COURT: You've had access to it if

you wanted [12] it, have you not, or have you --

[13] MR.OLSON: Yes.

[14] THE COURT: -- been denied access to 1% ?

{15} MR. QLSON: I haven't been denied access

to it.

[16] THE COURT: All nght, sir. It's available to

[17] you at any time ?

[18] MR.OLSON: Yes.

[19] THE COURT: And if that file contains that

order [20] signed by the chief justice, Justice Watt,

that certiorari [21] was denied, that, too, would be

correct, right ?

[22] MR.OLSON: Yes, sir.

[23] THE COURT: Allright, sir. I don't need

any [24] real background on the facts of the case.

I need for you to [25] explain to me why Judge

Franklin should be recused when the

[23] MR.OLSON: Then you said that I can

make [24] whatever record I wish to make ?

[25] THE COURT: I'm going to allow that.

And if I

(9)

[1] think that it strays so far from the norm or so

far from the [2] accepted practice, there may or

may not be an objection, or I [3] may sua sponte

say, That's it. But yes, sir, I'm going to [4] give

you as much rein as you think you need reason-

ably to [5] proceed here today. All right, sir ?

'[6] MR.OLSON: Okay, sir. Then I would

like to [7] present a summary of the case.

[8] THE COURT: Have you not done that in

one of [9] these filings I've just been reading for

the last hour or so ? [10] And also previously you

had submitted to me by mail at least [11] three or

four hundred pages of information. So I've read

[12] what you've done in the past. Is this a new

production by [13] you ?

[14] MR.OLSON: No, sir. It's one that's been

[15] included.

{16] THE COURT: All right, sir. I'm going to

tell [17] you that I'm cognizant of everything that's

in this file.

[18] MR.OLSON: Okay. Then you are

cognizant of the [19] case law history of --

what Garfield County has to do with this [22]

particular case. We're in the District Court of

Blaine [23] County, aren't we ?

[24] MR.OLSON: That's the reason I think the

[25] district judge in Blaine County should have

heard the case

(23)

(1] and not the district judge from Garfield County.

(2} THE COURT: Well, first of all, there isn't,

[3] quote, a district judge of Blaine County unless

you consider [4] Judge Franklin, because he is the

chief judge of Blaine [5] County by my assignment.

I happen to be the presiding [6] district judge in 18

counties, and I have assigned him as the [7] chief

judge. There is not a physically resident district

[8] judge in Blaine County. There is an associate

district [9] judge.

[i0] MR.OLSON: Okay.

[11] THE COURT: But the fact that Judge

Franklin [12] resides, you say, in Garfield County,

how does that have [13] significance in this case

in Blaine County ?

[14] MR.OLSON: Because he came from

Garfield County [15] where the defendant,

Continental Resources, is located, and [16] came

here to try the case, and I asked him to recuse,

and he [17] said, no, he's keeping it.

[19] MR. OLSON: Six

{20] THE COURT: And how many case files,

case [21] summaries, would you suppose you've

looked at in the time [22] that you have been doing

this pro se litigating ?

[23] MR. OLSON: Case summaries --

[24] THE COURT: No. Case files, files that

would [25] contain such instruments as what

you've just referred to that

(29)

[1] -- the claim for attorney's fees with the

accompanying data [2] given under oath by the

submitting attorney. How many of [3] those have

you seen ?

[4 MR. OLSON: Probably four.

[5] THE COURT: Mm-hmm. Would it

surprise you that [6] I've been seeing things like

that for over 35 years ?

[7} MR.OLSON: No, sir.

[8] THE COURT: That I have seen thousands

-- [9] thousands -- of similar summaries, and

would it surprise you [10] that you're the first

person that I'm aware of that has ever [11] raised

that as an improper communication by and

between the |12] attorneys and the judge ? It's

done as -- it's commonplace. [13] It’ done in

almost every case in which there is a contested

[14] issue as to the amount of attorney's fees that

are due and [15] owing. Would that surprise you

at all ?

[16] MR. OLSON: We're not talking about the

amount of [17] attorney's fees. We're talking

about the amount of [18] communication, your

Honor.

[19} THE COURT: Yes, sir. And as I see your

[20] pleadings, you object more than anything else

to the fact [21] that a summary or an index, an

index with case citations, was [22] furnished and

that a proposed order was furnished. Ar: “'t [23]

those two of your main objections ? Tha’ s the

communication [24] that really has gotten under

your saddle ?

[25] MR.OLSON: Yes, your Honor.

(30)

[1} THE COURT: Were you not requested to

provide a [2] proposed finding of fact and

conclusions of law yourself at [3] the end of the

summary judgment ?

[4] MR. OLSON: Yes. And we each provided

that and [5] each provided it to the other party.

[6] THE COURT: But the fact that they did so

to the [7] judge is a violation of some sort of

professional rules ? Is [8] that what you are

telling me ?

[9} MR.OLSON: Your Honor.

[10] THE COURT: Why, if you provided such

a proposed [11] order, are you not in violation of

the same restriction ?

{12] MR.OLSON: You're -- you're mixing

concepts, [13] your Honor.

[14] THE COURT: Oh. Oh. Soa proposed

order from [15] the plaintiff is different than a

proposed --

[16] MR.OLSON: No.

[17] THE COURT" -- order --

[18] MR. OLSON: No.

[19] THE COURT: -- from the defendants ?

[20] MR.OLSON: No, your Honor. We were

each ordered [21] to provide our potential order

and find- -- or finding of {22] facts.

[23] THE COURT: Right.

(24) MR.OLSON: We each did that, and each

provided [25] it to the other party. Then they

provided an additional

(31)

[1] notebook to the judge that was highlighted

with their cases.

(2} THE COURT: And you were denied the

opportunity [3] to do that ?

[4] MR.OLSON: Yes, sir.

[5] THE COURT: You were -- he told you,

Y-11

don't bring [6] me a notebook ?

(7} MR.OLSON: No, he didn't say that.

[8] THE COURT: Don't bring me a highlighted

[9] instrument ? You know, you've sent me three

or four hundred [10] pages of highlighted materials.

[11] MR.OLSON: And I sent that to everybody.

I [12] didn't send it just to you.

[13] THE COURT: So how is it so egregious

that they [14] provided the citations of cases

actually presented in open [15] court on the record

and they provided an index of those same [16]

cases presented in open court on the record ?

[17] MR. OLSON: Highlighted with the words

they used [18] in their briefs.

{19} THE COURT: Did they "X" out or did they

in any [20] way exclude materials that would have

been beneficial to you ? [21] Do you know ? Did

they do that ?

[22] MR. OLSON: I don't know if they did or

not, your [23] Honor. There was only one copy

of that made, and it was [24] given to Judge

Franklin and he threw it away.

[25] THE COURT: So what import did it have ?

(32)

[1] MR.OLSON: He threw it away after the

case, your [2] Honor, not before.

[3] THE COURT: Have you read Ms. Rieman's

Y-12

affidavit [4] about how she prepared that and

what she did with it ?

(5) MR.OLSON: Yes, I have, your Honor.

And it -- [6] and it bothered me. Why would an

attorney spend two and a [7] half hours making

that notebook if they didn't expect to get [8] a

return on that time investment ?

{9} THE COURT: Do you suppose it has

anything to do [10] with her being a conscientious

representative/advocate for [11] her client ? Do

you suppose it has anything to do with that; [12]

that she thought that was part of the job she was

supposed to [13] do to represent her client ?

[14] MR. OLSON: If it was the job she was

supposed to [15] do, your Honor, she should have

provided that to everybody, [16] not just the one

copy to the judge.

{17} ‘THE COURT: Was that kept secret from

you, the [18] fact that he had that notebook ?

Did he --

[19] MR. OLSON: It was not revealed to me.

It was [20] not revealed to me, and it was not

revealed that I had an [21] opportunity to also

send him a notebook with my case files [22]

highlighted to support my arguments.

[23} THE COURT: And in the six cases in

which you've [24] been directly involved, have

you ever seen such an instrument [25] before any

attorney, an aid to the court such as that ?

(33)

[1] Have you ever seen one of those before ?

(2} MR.OLSON: No.

[3] THE COURT: If I told you I've seen a

thousand of [4] them, do you think I would be

exaggerating ?

[5] MR. OLSON: I have no idea.

(6) THE COURT: Mm-hmm.

[7] MR.OLSON: But I think you should

question those [8] things when they are provided.

Those are --

[9] THE COURT: Maybe if you took a course

in trial [10] practice you'd find out about things

like that, Mr. Olson, [11] and know that it is

commonplace and appreciated usually by [12]

judges. Not always. Sometimes they're -- they

may be [13] extraneous.

[14] MR. OLSON: Does that persuade the

judge or make [15] the judge somewhat more --

[16] THE COURT: Absolutely not. It just

makes it a [17] little easier to collect your thoughts

when you get ready to [18] draft your order.

[19] MR. OLSON: Then why does the judge

not ask [20] people to do that ?

[21] THE COURT: Sometimes judges do ask

Sometimes [22] it's done just as common practice

within certain districts; [23] It's just an understood

thing that it will happen. No [24] preclusion.

Maybe a person needs to do a little [25]

investigation about the history of various judicial

districts

(34)

[1] before he or she attempts to practice in those

various [2] districts.

[3] Can we get on with the issue of

disqualification of [4] Judge Franklin ?

[5] MR. OLSON: Well, your Honor, there is

no doubt [6] that they have talked to the judge.

there is no doubt --

[7} THE COURT: Who is "they" ?

[8] MR.OLSON: The opposing attorneys have

talked to [9] the judge.

[10] THE COURT: And who are those

attorneys, for the [11] record. The record doesn't

have eyes; it can't see as you [12] wave your hand.

[13] MR. OLSON: Julia Rieman and Glenn

Devoll.

[14] THRCOURT: Okay. And they talked with

the judge [15] outside your presence ?

[16] MR.OLSON: Yes, sir.

[17] THE COURT: And they talked about the

merits of [18] the case ?

[17] THE COURT: -- told you how much time

they'd [18] spent on each of these issues; is that

right ?

[19] MR.OLSON: That's correct, sir.

[20] THE COURT: And then you made your

own [21] interpretation. And if there was -- you

said 1.75. If there [22] was 1.75 hours, you don't

know how that time was divided, do you ?

[24] MR.OLSON: No, sir.

(25) THE COURT: Okay. All right, sir. Go

ahead.

(37)

(1] MR. OLSON: Well, this notebook -- spent

two and [2] a half hours preparing this notebook

-- was provided to Judge [3] Franklin on July the

11th. The hearing was on July 17th. [14] Now,

when we came to the hearing, Mr. Devoll -- I met

him [5] out front before. He gave me a nice smile

and asked me if I [6] spent a lot of time preparing

for this -- for the hearing. [7] When we got in

there, there was no oral argument on the [8]

hearing, and Mr. Devoll just put a pile of stuff on

the desk [9] and didn't prepare for any argument

whatsoever. That smile [10] toid me he knew

what the verdict was going to be already.

[11] THE COURT: Now, you're a geologist, not

a psychologist or a psychiatrist, are you Mr.

22) I think that the affidavit of Ms. Rieman --

and that's |23] why she's here, should the Court

have any questions -- speaks [24] for itself in

relation to the notebook. We do that as a [25]

matter of course -- the judge knows that; the

Court knows

(47)

[1] that -- as an aid to the court and a courtesy to

the court.

[2] We have been fighting these motions in

these two cases [3] for some time. Mr. Olson has

lost the case, seems not to be [4] able to accept

that result, and has struck out, in my view, [5]

unjustifiably against an officer of the court, Judge

[6] Franklin, in a very false and malicious way.

And for that [7] aspect of his actions, I regret that,

but I understand his [8] animosity towards us as

opposing counsel.

{9} I'll hold any other comments that I may

have but would [10] like to make, and ask that the

Court leave Judge Franklin as [11] the judge on

this case, and that his orders continue in [12]

effect that he's already made in this matter which

partially

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