On July 08, 2016 a
Answer
was filed
involving a dispute between
Peregrine Oil & Gas Lp,
and
Hrb Oil & Gas Ltd,
Vhpm Llc,
for HOMEOWNERS ASSOCIATION
in the District Court of Harris County.
Preview
CAUSE NO. 2016
PEREGRINE OIL & GAS LP
IN THE DISTRICT COURT OF
Plaintiff,
HARRIS COUNTY, TEXAS
HRB OIL & GAS, LTD. and
VHPM, LLC 190TH JUDICIAL DISTRICT
Defendants.
DEFENDANTS HRB OIL & GAS, LTD. AND VHPM, LLC’S
SECOND AMENDED ANSWER
Defendants HRB Oil & Gas, Ltd. (“HRB”) and VHPM, LLC (collectively,
Defendants”) file this their Second Amended Answer in response to Plaintiff’s Third Amended
Original Petition (“Plaintiff’s Petition”) and respectfully state as follows:
GENERAL DENIAL
Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Defendants generally
deny each and every allegation set forth in Plaintiff’s Petition.
SPECIFIC DENIALS
Defendants deny that VHPM, LLC is a proper party to this lawsuit.
denies that the “Miscellaneous Invoice” referenced in Paragraph 14 of
Plaintiff’s Petition constituted a “charge,” as that term is used in Article 8.7 of the OOA.
HRB denies that Peregrine is entitled to offset any amounts payable to HRB under
the PHA (as defined in Paragraph 11 of Plaintiff’s Petition) against alleged overpayments of
production revenues to HRB, the recovery of which are barred by Texas’ two (2) year statute of
limitations.
5. HRB denies that Peregrine is entitled to offset any amounts payable to HRB for
HRB’s share of production from Block A-155 against alleged overpayments of production
revenues, the recovery of which are barred by Texas’ two (2) year statute of limitations.
AFFIRMATIVE DEFENSES
6. Defendants assert the affirmative defense of statute of limitations. Defendants
maintains that Plaintiffs claims in this lawsuit are barred, in whole or in part, inter alia, by the
provisions of Tex. Civ. Prac. & Rem. Code § 16.003.
7. Defendants assert the affirmative defenses of latches, waiver and estoppel.
8. Defendants assert the affirmative defense of Plaintiff’s failure to satisfy condition
precedents, to wit, (a) a failure to provide a timely and accurate accounting reflecting the alleged
occurrence of payout and the alleged amount of payout, both of which are the subject of this
litigation and (b) a failure to timely request an assignment of its alleged “after Payout” interest in
the Subject Lease.
9. To the extent not incorporated above, Defendant raises all affirmative defenses
available under the law of Texas or any other applicable state law.
PRAYER
Defendants respectfully requests that the Court render judgment that Plaintiff takes
nothing by this suit, that this action be dismissed, and that Defendants be awarded such other and
further relief, at law or in equity, to which they may be entitled.
[Signature Page Follows]
2
114755978\V-1
Respectfully submitted,
/s/ Barry F. Cannaday
Barry F. Cannaday
State Bar No. 03743500
barry.cannaday@dentons.com
DENTONS US LLP
2000 McKinney Ave., Suite 1900
Dallas, Texas 75201
(214) 259-0900 - telephone
(214) 259-0910 - facsimile
ATTORNEYS FOR HRB OIL & GAS, LTD and
VHPM, LLC
CERTIFICATE OF SERVICE
I hereby certify that on May 11, 2020 a true and correct copy of the foregoing document
was served via the Court's electronic filing system and/or email to all attorneys of record as
follows:
Michael D. Jones
Joseph D. Porter
Jones Gill Porter Crawford and Crawford LLP
6363 Woodway, Suite 1100
Houston, TX 77057
Email: mjones@jonesgill.com
jporter@jonesgill.com
Attorneys for Peregrine Oil & Gas Ltd
/s/ Barry F. Cannaday
Barry F. Cannaday
3
114755978\V-1
Document Filed Date
May 11, 2020
Case Filing Date
July 08, 2016
Category
HOMEOWNERS ASSOCIATION
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CAUSE NO. 2016 PEREGRINE OIL & GAS LP IN THE DISTRICT COURT OF Plaintiff, HARRIS COUNTY, TEXAS HRB OIL & GAS, LTD. and VHPM, LLC 190TH JUDICIAL DISTRICT Defendants. DEFENDANTS HRB OIL & GAS, LTD. AND VHPM, LLC’S SECOND AMENDED ANSWER Defendants HRB Oil & Gas, Ltd. (“HRB”) and VHPM, LLC (collectively, Defendants”) file this their Second Amended Answer in response to Plaintiff’s Third Amended Original Petition (“Plaintiff’s Petition”) and respectfully state as follows: GENERAL DENIAL Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Defendants generally deny each and every allegation set forth in Plaintiff’s Petition. SPECIFIC DENIALS Defendants deny that VHPM, LLC is a proper party to this lawsuit. denies that the “Miscellaneous Invoice” referenced in Paragraph 14 of Plaintiff’s Petition constituted a “charge,” as that term is used in Article 8.7 of the OOA. HRB denies that Peregrine is entitled to offset any amounts payable to HRB under the PHA (as defined in Paragraph 11 of Plaintiff’s Petition) against alleged overpayments of production revenues to HRB, the recovery of which are barred by Texas’ two (2) year statute of limitations. 5. HRB denies that Peregrine is entitled to offset any amounts payable to HRB for HRB’s share of production from Block A-155 against alleged overpayments of production revenues, the recovery of which are barred by Texas’ two (2) year statute of limitations. AFFIRMATIVE DEFENSES 6. Defendants assert the affirmative defense of statute of limitations. Defendants maintains that Plaintiffs claims in this lawsuit are barred, in whole or in part, inter alia, by the provisions of Tex. Civ. Prac. & Rem. Code § 16.003. 7. Defendants assert the affirmative defenses of latches, waiver and estoppel. 8. Defendants assert the affirmative defense of Plaintiff’s failure to satisfy condition precedents, to wit, (a) a failure to provide a timely and accurate accounting reflecting the alleged occurrence of payout and the alleged amount of payout, both of which are the subject of this litigation and (b) a failure to timely request an assignment of its alleged “after Payout” interest in the Subject Lease. 9. To the extent not incorporated above, Defendant raises all affirmative defenses available under the law of Texas or any other applicable state law. PRAYER Defendants respectfully requests that the Court render judgment that Plaintiff takes nothing by this suit, that this action be dismissed, and that Defendants be awarded such other and further relief, at law or in equity, to which they may be entitled. [Signature Page Follows] 2 114755978\V-1 Respectfully submitted, /s/ Barry F. Cannaday Barry F. Cannaday State Bar No. 03743500 barry.cannaday@dentons.com DENTONS US LLP 2000 McKinney Ave., Suite 1900 Dallas, Texas 75201 (214) 259-0900 - telephone (214) 259-0910 - facsimile ATTORNEYS FOR HRB OIL & GAS, LTD and VHPM, LLC CERTIFICATE OF SERVICE I hereby certify that on May 11, 2020 a true and correct copy of the foregoing document was served via the Court's electronic filing system and/or email to all attorneys of record as follows: Michael D. Jones Joseph D. Porter Jones Gill Porter Crawford and Crawford LLP 6363 Woodway, Suite 1100 Houston, TX 77057 Email: mjones@jonesgill.com jporter@jonesgill.com Attorneys for Peregrine Oil & Gas Ltd /s/ Barry F. Cannaday Barry F. Cannaday 3 114755978\V-1