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.
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 190TH JUDICIAL DISTRICT
Defendants.
DEFENDANTS HRB OIL & GAS, LTD. AND VHPM, LLC’S
OPPOSITION TO PLAINTIFF’S MOTION FOR LEAVE TO AMEND
Defendants HRB Oil & Gas, Ltd. (“HRB”) and VHPM, LLC (collectively,
Defendants”) file this their Opposition to Plaintiff’s Motion for Leave to Amend and as
grounds therefor would respectfully show the Court as follows:
On February 3, 2020 an Agreed Docket Control Order was entered in this case
under which the Parties agreed that the deadline for both discovery and amendment of pleadings
was May 1, 2020.
On May 1, 2020, the last day permitted under the Agreed Docket Control Order,
Plaintiff filed its Third Amended Original Petition (“Plaintiff’s Third Amended Petition”). In
Paragraph 29 of Plaintiff’s Third Amended Petition, Plaintiff alleged that it had invoiced HRB
$28,927.63 for additional costs through September 2019 under the Operating Agreement that is
the subject of this lawsuit (the “Operating Agreement”). In Plaintiff’s Third Amended Petition,
Plaintiff sought recovery of this $28,927.63 from HRB under a breach of contract theory.
On December 12, 2019, HRB took the deposition of Plaintiff’s accounting expert,
Terrell Mendell Lanier. Mr. Lanier testified about the $28,927.63 Plaintiff was seeking to
recover from HRB and was subject to cross examination relating to his testimony.
118290293\V-2
4. This case is currently preferentially set for trial on June 1, 2021. On May 19,
2021, less than two weeks prior to the trial in this case, Plaintiff filed its Motion for Leave to
Amend its Petition seeking the recovery of an additional $128,377.19 from HRB based upon
alleged amounts due from HRB under the Operating Agreement between October 2019 and
March 2021.
5. Plaintiff’s Motion for Leave to Amend should be denied as being untimely, an
unfair surprise and prejudicial to the rights of HRB.
6. Plaintiff’s claim for an additional $128,377.19 from HRB is presumably based
upon Plaintiff’s accounting records which were not made available to HRB until after the close
of discovery, and more recently, less than a week ago. The prejudice of allowing Plaintiff to
amend its Petition on the eve of trial adding $128,377.19 in claims is obvious:
a. HRB will be deprived of the opportunity to take a 30(b)(6) deposition of the
corporate representative of Plaintiff to determine the legitimacy of these
alleged additional charges under the Operating Agreement.
b. HRB will be deprived of the opportunity to seek production of documents
relating to and evidencing these alleged additional charges.
c. HRB will be deprived of the opportunity to seek discovery relating to the issue
of whether any of these charges are subject to offsets or credits.
d. HRB will be deprived of the opportunity to cross examine Plaintiff’s
accounting expert relating to these additional charges.
7. In sum, allowing Plaintiff to amend its Petition less than two weeks prior to trial
to add a $128,377.19 claim with respect to which HRB has been deprived of all discovery rights
2
118290293\V-2
will be fundamentally unfair and prejudicial. Plaintiff’s Motion for Leave to Amend should be
denied.
PRAYER
Defendants respectfully requests that the Court deny Plaintiff’s Motion for Leave to
Amend and that Defendants be awarded such other and further relief, at law or in equity, to
which they may be entitled.
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
3
118290293\V-2
CERTIFICATE OF SERVICE
I hereby certify that on May 21, 2021 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
4
118290293\V-2
Document Filed Date
May 21, 2021
Case Filing Date
July 08, 2016
Category
HOMEOWNERS ASSOCIATION
For full print and download access, please subscribe at https://www.trellis.law/.
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 190TH JUDICIAL DISTRICT Defendants. DEFENDANTS HRB OIL & GAS, LTD. AND VHPM, LLC’S OPPOSITION TO PLAINTIFF’S MOTION FOR LEAVE TO AMEND Defendants HRB Oil & Gas, Ltd. (“HRB”) and VHPM, LLC (collectively, Defendants”) file this their Opposition to Plaintiff’s Motion for Leave to Amend and as grounds therefor would respectfully show the Court as follows: On February 3, 2020 an Agreed Docket Control Order was entered in this case under which the Parties agreed that the deadline for both discovery and amendment of pleadings was May 1, 2020. On May 1, 2020, the last day permitted under the Agreed Docket Control Order, Plaintiff filed its Third Amended Original Petition (“Plaintiff’s Third Amended Petition”). In Paragraph 29 of Plaintiff’s Third Amended Petition, Plaintiff alleged that it had invoiced HRB $28,927.63 for additional costs through September 2019 under the Operating Agreement that is the subject of this lawsuit (the “Operating Agreement”). In Plaintiff’s Third Amended Petition, Plaintiff sought recovery of this $28,927.63 from HRB under a breach of contract theory. On December 12, 2019, HRB took the deposition of Plaintiff’s accounting expert, Terrell Mendell Lanier. Mr. Lanier testified about the $28,927.63 Plaintiff was seeking to recover from HRB and was subject to cross examination relating to his testimony. 118290293\V-2 4. This case is currently preferentially set for trial on June 1, 2021. On May 19, 2021, less than two weeks prior to the trial in this case, Plaintiff filed its Motion for Leave to Amend its Petition seeking the recovery of an additional $128,377.19 from HRB based upon alleged amounts due from HRB under the Operating Agreement between October 2019 and March 2021. 5. Plaintiff’s Motion for Leave to Amend should be denied as being untimely, an unfair surprise and prejudicial to the rights of HRB. 6. Plaintiff’s claim for an additional $128,377.19 from HRB is presumably based upon Plaintiff’s accounting records which were not made available to HRB until after the close of discovery, and more recently, less than a week ago. The prejudice of allowing Plaintiff to amend its Petition on the eve of trial adding $128,377.19 in claims is obvious: a. HRB will be deprived of the opportunity to take a 30(b)(6) deposition of the corporate representative of Plaintiff to determine the legitimacy of these alleged additional charges under the Operating Agreement. b. HRB will be deprived of the opportunity to seek production of documents relating to and evidencing these alleged additional charges. c. HRB will be deprived of the opportunity to seek discovery relating to the issue of whether any of these charges are subject to offsets or credits. d. HRB will be deprived of the opportunity to cross examine Plaintiff’s accounting expert relating to these additional charges. 7. In sum, allowing Plaintiff to amend its Petition less than two weeks prior to trial to add a $128,377.19 claim with respect to which HRB has been deprived of all discovery rights 2 118290293\V-2 will be fundamentally unfair and prejudicial. Plaintiff’s Motion for Leave to Amend should be denied. PRAYER Defendants respectfully requests that the Court deny Plaintiff’s Motion for Leave to Amend and that Defendants be awarded such other and further relief, at law or in equity, to which they may be entitled. 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 3 118290293\V-2 CERTIFICATE OF SERVICE I hereby certify that on May 21, 2021 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 4 118290293\V-2