Motion-Secondary: PEREGRINE OIL & GAS LP vs. HRB OIL & GAS LTD

• 
• 
• 
• 

						
                                
Preview
                                CAUSE NO. 2016-45652

                  PEREGRINE OIL & GAS, LP                                   §               IN THE DISTRICT COURT OF
                  Plaintiff,                                                §

                                                                            §                     HARRIS COUNTY, TEXAS

                  HRB OIL & GAS, Ltd. and
                  VHPM, LLC
                  Defendants.                                               §                    190th JUDICIAL DISTRICT


                                                   ORDER TO MODIFY JUDGMENT

                           On ______________, 2021, Plaintiff’s, PEREGRINE OIL & GAS LP (hereinafter

                  “Peregrine”), MOTION TO MODIFY JUDGMENT pursuant to Rule 329b, Tex.R.Civ.P.

                  came     on   for  hearing     and   the   Court    having     considered      argument      by   Peregrine     and

                  Defendants, HRB Oil & Gas, Ltd. and VHPM, LLC (“HRB”) finds that the June 25, 2021

                  Final Judgment should be modified as requested by Peregrine.

                           IT IS THEREFORE, ORDERED that the June 25, 2021 Final Judgment is modified

                  to provide in Paragraphs 3 and 4 of the Final Judgment that:


                                The    Court    FINDS      the   following    with    respect    to  the   remaining      claims     of
                           Peregrine:

                                    The   amount      of  unpaid    invoices    due   and    owing    by  HRB     to  Peregrine     as
                                    identified   in  Plaintiff’s  Exhibit   22,   after  deducting     the   $210,883.31       that  is
                                    barred by limitations is $107,236.02.

                                    HRB     is  not   entitled   to  an   offset   to  the   $107,236.02       in  the   amount      of
                                    $50,069.43 for production revenues withheld by Peregrine from HRB as set
                                    out in Plaintiff’s Exhibit 21, as those production revenues were directed by
                                    HRB to be applied to the Miscellaneous Invoice of $210,883.31 and HRB is
                                    estopped to claim otherwise
                                The    Court     ORDERS        that   Peregrine      recover     from    HRB     the   net   sum     of
                           36,276.02        , calculated as follows:

                                    The sum of $107,236.02 for the unpaid Joint Interest Billings from May 2017
                                    to date; and

                                    The sum of $29,040.00 awarded to Peregrine from HRB for attorneys’ fees
                                    allocable to the recovery of the $107,236.02 in unpaid invoices through trial.


                           The Court FURTHER ORDERS HR                         to submit a modified FINAL JUDGMENT

                  incorporating Paragraphs 3 and 4 as stated herein and to calculate the prejudgment interest

                  amount based on the unpaid invoices of $107,236.02 to be included as Paragraph 5 of the

                  FINAL      JUDGMENT           in  substitution     of   the  Paragraph      5  of  the   June    25,  2021    Final

                  Judgment.


                                                                        Beau A. Miller, District Court Judge