Cline et al v. Sunoco, Inc. (R&M) et al, No. 6:2017cv00313 - Document 124 (E.D. Okla. 2019)
Court Description: OPINION by Judge John A. Gibney, Jr. (Re: 107 MOTION to Exclude Plaintiff's Expert Barbara Ley) (tls, Deputy Clerk)
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Cline et al v. Sunoco, Inc. (R&M) et al Doc. 124 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA PERRY CLINE, on behalf of himself and all others similarly situated, Plaintiff, Civil Action No. 6:17-cv-313-JAG SUNOCO,INC.(R&M), and, SUNOCO PARTNERS MARKETING & TERMINALS, L.P., Defendants. OPINION Perry Cline owns a royalty interest in oil wells in Oklahoma. Sunoco, Inc.(R&M), and Sunoco Partners Marketing & Terminals, L.P.("Sunoco"), purchase oil from those wells, sell the oil, and, pursuant to Oklahoma law, pay Cline proceeds from those sales. Under Oklahoma law, when Sunoco pays the proceeds late, it must also pay statutory interest. Cline has sued Sunoco for not paying him statutory interest when Sunoco pays the late proceeds. Cline seeks to maintain a class action on behalf of those to whom Sunoco paid production proceeds late and did not pay statutory interest. To support his motion for class certification, Cline has offered the testimony and expert reports of Barbara A. Ley, a certified public accountant. Ley has developed a model by which she says that she can identify the individual class members and calculate class-wide damages using information from Sunoco's business records. Sunoco has moved to exclude Ley's reports and testimony for the purposes of the class certification motion. Because Ley's testimony and expert reports are admissible, the Court will deny the defendant's motion to exclude. Dockets.Justia.com
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