Case Document 1135 Filed in TXSB on 02/07/17 Page 1 of 6

Transcription

1 Case Document 1135 Filed in TXSB on 02/07/17 Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: Chapter 11 SANDRIDGE ENERGY, INC., et al., 1 Case No (DRJ) Reorganized Debtors. Jointly Administered REORGANIZED DEBTORS MOTION FOR ENTRY OF AN AGREED ORDER SCHEDULING CERTAIN DEADLINES WITH RESPECT TO COURT CLAIM NUMBERS 226-1, 228-1, 229-1, 230-1, 231-1, 232-1, AND SandRidge Exploration and Production, LLC ( SandRidge E&P ), on behalf of the debtors in the above-captioned chapter 11 cases (collectively, the Debtors, and after the effective date of the plan of reorganization, the Reorganized Debtors ), files this motion (this Motion ) for entry of an agreed order scheduling certain deadlines with respect to Court claim numbers 226-1, 228-1, 229-1, 230-1, , and In support of this Motion, SandRidge E&P respectfully states as follows. Preliminary Statement 1. On July 21, 2016, London Land and Cattle, LLC; Hughes Farms, LLC; the Albert Bouziden Trust; Barbara Bouziden; Greg Baker; Nancy Prigmore; and Louise Prigmore 1 The Reorganized Debtors in these chapter 11 cases, along with the last four digits of each Reorganized Debtor s federal tax identification number, include: SandRidge Energy, Inc. (4793); 4th Street Properties, LLC (N/A); Black Bayou Exploration, L.L.C. (0561); Braniff Restaurant Holdings, LLC (2453); CEBA Gathering, LLC (6478); CEBA Midstream GP, LLC (0511); CEBA Midstream, LP (7252); Cholla Pipeline, L.P. (5092); Cornhusker Energy, L.L.C. (4609); FAE Holdings R, LLC (N/A); Integra Energy, L.L.C. (7527); Lariat Services, Inc. (0702); MidContinent Resources, LLC (6928); Mistmada Oil Company, Inc. (3032); Piñon Gathering Company, LLC (5943); Sabino Exploration, LLC (1929); Sagebrush Pipeline, LLC (0515); SandRidge CO2, LLC (7903); SandRidge Exploration and Production, LLC (6535); SandRidge Holdings, Inc. (8401); SandRidge Midstream, Inc. (1148); SandRidge Operating Company (1245); SandRidge Realty, LLC (6079); Sierra Madera CO2 Pipeline, LLC (1558); and WTO Gas Gathering Company, LLC (N/A). The location of the Reorganized Debtors service address is: 123 Robert S. Kerr Avenue, Oklahoma City, Oklahoma

2 Case Document 1135 Filed in TXSB on 02/07/17 Page 2 of 6 (collectively, the London Land Claimants ) filed proofs of claims for Court claim numbers 226-1, 228-1, 229-1, 230-1, , and (the London Land Proofs of Claim ) against SandRidge E&P. Counsel for the Reorganized Debtors have conferred with counsel for the London Land Claimants and the parties have mutually agreed to the deadlines set forth in the scheduling order. The Court should enter the attached proposed scheduling order, which in addition to being agreed to by the parties, is consistent with all the applicable rules and provides for the efficient resolution of the London Land Proofs of Claim. Relief Requested 2. By this Motion, SandRidge E&P seeks entry of an order substantially in the form attached hereto as Exhibit A, scheduling deadlines in connection with the London Land Proofs of Claim. Jurisdiction, Venue, and Procedural Background 3. The United States Bankruptcy Court for the Southern District of Texas (the Court ) has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference to Bankruptcy Judges (General Order ) from the United States District Court for the Southern District of Texas, dated May 24, The Reorganized Debtors confirm their consent, pursuant to rule 7008 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ), to the entry of a final order by the Court in connection with this motion to the extent that it is later determined that the Court, absent consent of the parties, cannot enter final orders or judgments in connection herewith consistent with Article III of the United States Constitution. 4. The bases for the relief requested in this Motion are section 105 of title 11 of the United States Code (the Bankruptcy Code ) and Bankruptcy Rule

3 Case Document 1135 Filed in TXSB on 02/07/17 Page 3 of 6 5. On May 16, 2016 (the Petition Date ), each Reorganized Debtor filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code. A detailed description surrounding the facts and circumstances of these chapter 11 cases is set forth in the Declaration of Julian Bott, Chief Financial Officer of SandRidge Energy, Inc. in Support of Chapter 11 Petitions and First Day Motions [Docket No. 22]. Background 6. On March 21, 2013, the Plaintiffs commenced an action against SandRidge E&P and Chesapeake Energy Corporation in the District Court of Woods County, Oklahoma, captioned London Land & Cattle, et al. v. SandRidge Exploration & Production LLC, et al., No. CJ (the London Land Pre-Petition Action ), alleging class action tort claims relating to the purportedly unauthorized installation of temporary water supply lines. 7. On July 21, 2016, the London Land Claimants filed the London Land Proofs of Claim against SandRidge E&P, which are based on the allegations included in the London Land Pre-Petition Action. 8. On August 24, 2016, the Court entered the Order Approving Omnibus Claims Objection Procedures and Filing of Substantive Omnibus Claims Objections [Bankruptcy Docket No. 762] (the Omnibus Claims Objection Order ) setting forth the procedures to be followed in connection with responding to and hearing omnibus claims objections. 9. On September 20, 2016, the Court entered the Amended Order Confirming the Amended Joint Chapter 11 Plan of Reorganization of SandRidge Energy, Inc. and its Debtor Affiliates [Bankruptcy Docket No. 901] (the Confirmation Order ), confirming the Amended Joint Chapter 11 Plan of Reorganization of SandRidge Energy, Inc. and Its Debtor Affiliates 3

4 Case Document 1135 Filed in TXSB on 02/07/17 Page 4 of 6 [Bankruptcy Docket No ] (the Plan, as may be amended). 2 The Plan was made effective on October 4, 2016 (the Effective Date ). See Notice of (I) Entry of Order Confirming the Joint Chapter 11 Plan of Reorganization of SandRidge Energy, Inc. and Its Debtor Affiliates and (II) Occurrence of Effective Date [Bankruptcy Docket No. 929]. 10. On December 13, 2016, the Reorganized Debtors filed the Reorganized Debtors Fifth Omnibus Objection to Certain Proofs of Claim (No Liability Claims) [Docket No. 1036] (the Fifth Omnibus Claims Objection ), objecting to the London Land Proofs of Claim on the basis that the Reorganized Debtors books and records indicate that they are not liable for those claims (the London Land Omnibus Objection ). 11. On January 3, 2017, the London Land Claimants filed the Unsecured Creditors Response to Reorganized Debtors Fifth Omnibus Objection to Proof of Claim [Docket No. 1078], responding to the London Land Omnibus Objection. Basis for Relief 12. SandRidge E&P and the London Land Claimants have agreed to the proposed scheduling order attached hereto as Exhibit A to assist in the prompt resolution of the London Land Proofs of Claim. The proposed scheduling order should be granted because it provides for judicial control over these proceedings, maximizes efficiency, and allows for the speedy and efficient resolution of this contested proceeding with adequate time for the parties to prepare for the proposed October 23, 2017 hearing on the London Land Proofs of Claim. [Remainder of page intentionally left blank] 2 All capitalized but undefined terms as used herein shall have the meaning ascribed to them in the Plan. 4

5 Case Document 1135 Filed in TXSB on 02/07/17 Page 5 of 6 WHEREFORE, the Debtors respectfully request that the Court enter the Order attached hereto as Exhibit A, granting the relief requested herein. Dated: February 7, 2017 Respectfully Submitted, /s/ Mark McKane, P.C. Zack A. Clement (Texas Bar No ) ZACK A. CLEMENT PLLC 3753 Drummond Street Houston, Texas Telephone: (832) zack.clement@icloud.com - and - Mark McKane, P.C. (admitted pro hac vice) Michael P. Esser (admitted pro hac vice) Kevin K. Chang (admitted pro hac vice) KIRKLAND & ELLIS LLP KIRKLAND & ELLIS INTERNATIONAL LLP 555 California Street San Francisco, California Telephone: (415) Facsimile: (415) mark.mckane@kirkland.com michael.esser@kirkland.com kevin.chang@kirkland.com - and - Steven N. Serajeddini (admitted pro hac vice) KIRKLAND & ELLIS LLP KIRKLAND & ELLIS INTERNATIONAL LLP 300 North LaSalle Chicago, Illinois Telephone: (312) Facsimile: (312) steven.serajeddini@kirkland.com Counsel for the Reorganized Debtors 5

6 Case Document 1135 Filed in TXSB on 02/07/17 Page 6 of 6 Certificate of Service I certify that on February 7, 2017, I caused a copy of the foregoing document to be served by the Electronic Case Filing System for the United States Bankruptcy Court for the Southern District of Texas. /s/ Mark McKane, P.C. One of Counsel

7 Case Document Filed in TXSB on 02/07/17 Page 1 of 4 EXHIBIT A Proposed Order

8 Case Document Filed in TXSB on 02/07/17 Page 2 of 4 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: Chapter 11 SANDRIDGE ENERGY, INC., et al., 1 Case No (DRJ) Reorganized Debtors. (Jointly Administered) ORDER SETTING DEADLINES WITH RESPECT TO COURT CLAIM NUMBERS 226-1, 228-1, 229-1, 230-1, 231-1, 232-1, AND In connection with Court claim numbers 226-1, 228-1, 229-1, 230-1, , and (the London Land Proofs of Claims ) filed by London Land and Cattle, LLC; Hughes Farms, LLC; the Albert Bouziden Trust; Barbara Bouziden; Greg Baker; Nancy Prigmore; and Louise Prigmore (collectively, the London Land Claimants ); and this Court having jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334; and this Court having found that this is a core proceeding pursuant to 28 U.S.C. 157(b)(2), and that this Court may enter a final order consistent with Article III of the United States Constitution; and this Court having found that venue of this proceeding and the Motion in this district is proper pursuant to 28 U.S.C and 1409; it is HEREBY ORDERED THAT: 1 The Reorganized Debtors in these chapter 11 cases, along with the last four digits of Reorganized Debtor s federal tax identification number, include: SandRidge Energy, Inc. (4793); 4th Street Properties, LLC (N/A); Black Bayou Exploration, L.L.C. (0561); Braniff Restaurant Holdings, LLC (2453); CEBA Gathering, LLC (6478); CEBA Midstream GP, LLC (0511); CEBA Midstream, LP (7252); Cholla Pipeline, L.P. (5092); Cornhusker Energy, L.L.C. (4609); FAE Holdings R, LLC (N/A); Integra Energy, L.L.C. (7527); Lariat Services, Inc. (0702); MidContinent Resources, LLC (6928); Mistmada Oil Company, Inc. (3032); Piñon Gathering Company, LLC (5943); Sabino Exploration, LLC (1929); Sagebrush Pipeline, LLC (0515); SandRidge CO2, LLC (7903); SandRidge Exploration and Production, LLC (6535); SandRidge Holdings, Inc. (8401); SandRidge Midstream, Inc. (1148); SandRidge Operating Company (1245); SandRidge Realty, LLC (6079); Sierra Madera CO2 Pipeline, LLC (1558); and WTO Gas Gathering Company, LLC (N/A). The location of the Reorganized Debtors service address is: 123 Robert S. Kerr Avenue, Oklahoma City, Oklahoma

9 Case Document Filed in TXSB on 02/07/17 Page 3 of 4 1. The deadline to serve any written document requests relating to the London Land Proofs of Claims is May 29, 2017, at 5:00 p.m., prevailing Central Time. The deadline to respond with any written objections to document requests is June 19, 2017, at 5:00 p.m., prevailing Central Time. The parties agree not to serve interrogatories or requests for admissions. 2. The deadline to complete all discovery is August 28, 2017 (the Discovery Deadline ). Deposition notices must be served no later than seven days prior to the deposition date, and any objections thereto must be served no later than five days before the deposition date; provided, however, that the deposition notice objection deadline will be no earlier than three days after the date the deposition notices are served. Notwithstanding the foregoing, if a party designates a witness to testify at the hearing who has not been deposed, the deadline to serve a deposition notice on that witness shall be five days after the witness designation. 3. Parties submitting evidence at the hearing to consider the London Land Omnibus Objection shall submit preliminary witness and exhibit lists by September 18, 2017, at 5:00 p.m., prevailing Central Time, and final witness and exhibit lists by October 2, 2017, at 5:00 p.m., prevailing Central Time. Witness and exhibit lists shall identify all witnesses that each Party will call or may call at the hearing on the London Land Omnibus Objection and shall provide a brief summary of each witness s anticipated testimony. 4. The deadline to file motions in limine is October 9, 2017, at 5:00 p.m., prevailing Central Time. 5. The deadline to file objections to motions in limine is October 16, 2017, at 5:00 p.m., prevailing Central Time. 2

10 Case Document Filed in TXSB on 02/07/17 Page 4 of 4 6. The hearing to consider the London Land Proofs of Claims shall begin on [October 23, 2017, at 10:00 a.m., prevailing Central Time], subject to the Court s convenience and availability. 7. The Parties by agreement may amend the deadlines in this Stipulation, from time to time, as necessary. 8. Notice of the Stipulation as provided herein shall be deemed good and sufficient notice of such Stipulation and the requirements of Bankruptcy Rule 6004(a) and the Bankruptcy Local Rules are satisfied by such notice. 9. Notwithstanding Bankruptcy Rule 6004(h), the terms and conditions of this Order are immediately effective and enforceable upon its entry. 10. The Parties are authorized to take all actions necessary to effectuate the relief granted in this Order. 11. This Court retains exclusive jurisdiction with respect to all matters arising from or related to the implementation, interpretation, and enforcement of this Order. Dated:, 2017 Houston, Texas THE HONORABLE DAVID R. JONES UNITED STATES BANKRUPTCY JUDGE 3