On July 08, 2016 a
Motion-Secondary
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.
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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’ OBJECTION TO ALTERNATIVE DISPUTE RESOLUTION
Defendants HRB Oil & Gas, Ltd. and VHPM, LLC (“Defendants”) file this Objection to
submission of this dispute to Alternative Dispute Resolution (“ADR”) and in support thereof and
respectfully state as follows:
PROCEDURAL BACKGROUND AND FACTS
This case was initially filed by Peregrine Oil & Gas LP (“Plaintiff”) against Defendants
on July 8, 2016. On April 8, Final Judgment was entered in this case in favor of Defendants
based upon Defendants’ affirmative defense of statute of limitations. Plaintiff appealed the Final
Judgment in this case to the 1 Court of Appeals, Houston, Texas. On May 4, 2017, the 1 Court
of Appeals Ordered this case to mediation. The Parties complied with the 1 Court of Appeals
Order to mediate this case before Mediator Dick Watt. The mediation was not successful and
Mr. Watt reported this fact to the 1 Court of Appeals on January 17, 2018.
On August 30, 2018 the 1 Court of Appeals issued a Memorandum Opinion in this case
overruling the portion of the trial court’s judgment granting Defendants summary judgment on
Defendants’ breach contract claim and remanded Defendants’ breach of contract claim to this
Court for further proceedings consistent with the 1 Court of Appeals Memorandum Opinion.
Page
113858224
Basis for Objection
During the mediation of this case on appeal it became apparent that neither party was
willing to make any material concessions relative to their respective positions in this case and
that a mediated settlement would not be possible. Recent discussions between counsel for
Plaintiff and counsel for Defendants has confirmed that the Parties’ positions have not changed
and that a second mediation would only to add unnecessary costs to the ultimate resolution of
this case. Accordingly, Defendants object to ADR in this case.
PRAYER
Defendants respectfully requests that the Court sustain its objection to ADR.
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
2|Page
113858224\V-1
CERTIFICATE OF SERVICE
I hereby certify that on December 17, 2019 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
Jones Gill LLP
6363 Woodway, Suite 1100
Houston, TX 77057
Email: mjones@jonesgill.com
Attorneys for Peregrine Oil & Gas Ltd
/s/ Barry F. Cannaday
Barry F. Cannaday
CERTIFICATE OF CONFERENCE
This is to certify that on December 13, 2019, I conferred with opposing counsel and
opposing counsel does not object to the relief sought by this Objection.
/s/ Barry F. Cannaday_____
Barry F. Cannaday
3|Page
113858224\V-1
Document Filed Date
December 17, 2019
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’ OBJECTION TO ALTERNATIVE DISPUTE RESOLUTION Defendants HRB Oil & Gas, Ltd. and VHPM, LLC (“Defendants”) file this Objection to submission of this dispute to Alternative Dispute Resolution (“ADR”) and in support thereof and respectfully state as follows: PROCEDURAL BACKGROUND AND FACTS This case was initially filed by Peregrine Oil & Gas LP (“Plaintiff”) against Defendants on July 8, 2016. On April 8, Final Judgment was entered in this case in favor of Defendants based upon Defendants’ affirmative defense of statute of limitations. Plaintiff appealed the Final Judgment in this case to the 1 Court of Appeals, Houston, Texas. On May 4, 2017, the 1 Court of Appeals Ordered this case to mediation. The Parties complied with the 1 Court of Appeals Order to mediate this case before Mediator Dick Watt. The mediation was not successful and Mr. Watt reported this fact to the 1 Court of Appeals on January 17, 2018. On August 30, 2018 the 1 Court of Appeals issued a Memorandum Opinion in this case overruling the portion of the trial court’s judgment granting Defendants summary judgment on Defendants’ breach contract claim and remanded Defendants’ breach of contract claim to this Court for further proceedings consistent with the 1 Court of Appeals Memorandum Opinion. Page 113858224 Basis for Objection During the mediation of this case on appeal it became apparent that neither party was willing to make any material concessions relative to their respective positions in this case and that a mediated settlement would not be possible. Recent discussions between counsel for Plaintiff and counsel for Defendants has confirmed that the Parties’ positions have not changed and that a second mediation would only to add unnecessary costs to the ultimate resolution of this case. Accordingly, Defendants object to ADR in this case. PRAYER Defendants respectfully requests that the Court sustain its objection to ADR. 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 2|Page 113858224\V-1 CERTIFICATE OF SERVICE I hereby certify that on December 17, 2019 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 Jones Gill LLP 6363 Woodway, Suite 1100 Houston, TX 77057 Email: mjones@jonesgill.com Attorneys for Peregrine Oil & Gas Ltd /s/ Barry F. Cannaday Barry F. Cannaday CERTIFICATE OF CONFERENCE This is to certify that on December 13, 2019, I conferred with opposing counsel and opposing counsel does not object to the relief sought by this Objection. /s/ Barry F. Cannaday_____ Barry F. Cannaday 3|Page 113858224\V-1