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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
PLAINTIFF’S RESPONSE
TO
DEFENDANTS’ MOTION TO CORRECT FINDINGS OF FACT AND
CONCLUSIONS OF LAW
Subject to the July 21, 2021 MOTION FOR NEW TRIAL Plaintiff
PEREGRINE OIL & GAS LP (hereinafter “”), files this RESPONSE TO
DEFENDANTS’ MOTION TO CORRECT FINDINGS OF FACT AND
CONCLUSIONS OF LAW and states:
On August 4, 2021, this honorable Court signed and entered FINDINGS OF
FACT AND CONCLUSIONS OF LAW consistent with the relief sought by Peregrine’s
Motion for New Trial. Defendants, HRB OIL & GAS, Ltd. and VHPM, LLC, point out
that the August 4, 2021 FINDINGS OF FACT AND CONCLUSIONS OF LAW contradict
the June 25, 2021 Final Judgment signed by this Court. Defendants, however, fail to
acknowledge the intervening Motion for New Trial filed by Peregrine on July 21, 2021.
The August 4, 2021 FINDINGS OF FACT AND CONCLUSIONS OF LAW
support the correct Final Judgment in favor of Peregrine in this bench trial.
trial order, the Court required the parties to submit a draft proposal
of a Final Judgment and a draft proposal of Findings of Fact and Conclusions of Law.
Peregrine and Defendants complied with the pretrial order. However, the electronic
filings with eFile were not always clear as to the party filing the respective pleadings.
29, 2021, Peregrine filed its Rule 296, Tex.R.Civ.P., Request for
Findings of Fact and Conclusions of Law within the twenty (2) day time period after
judgment
On July 5, 2021, Defendants filed Findings of Fact and Conclusions of Law.
On July 8, 2021, Peregrine filed an Additional Request for Findings of Fact
and Conclusions of Law pursuant to Rule 298, Tex.R.Civ.P.
On July 9, 2021, Defendants filed objections to Peregrine’s Additional
Request for Findings of Fact and Conclusions of Law
On July 21, 2021, Peregrine filed its Motion for New Trial, pursuant to Rules
320, 321, and 329b, Tex.R.Civ.P., within thirty (30) days of the June 25, 2021 Final
Judgment.
On July 22, 2021, Peregrine filed its Motion to Modify Judgment pursuant
e 329b, Tex.R.Civ.P.
On July 27, 2021, Defendants responded to Peregrine’s Motion for New Trial
and Peregrine’s Motion to Modify Judgment
On August 4, 2021, this Court signed and entered FINDINGS OF FACT
AND CONCLUSIONS OF LAW that support Peregrine’s Motion for New Trial and
request for judgment.
This Court reviewed multiple motions and responses filed by Peregrine and
Defendants. Based on that review, t ourt entered the correct FINDINGS OF FACT
AND CONCLUSIONS OF LAW on August 4, 2021.
WHEREFORE, Premises considered, Peregrine requests this Court to
Defendants’ MOTION TO CORRECT FINDINGS OF FACT AND CONCLUSIONS OF
LAW, to enter the judgment submitted by Peregrine in its pretrial filings and for such
other and further relief to which Peregrine may show itself justly entitled.
Respectfully submitted,
ONES ILL ORTER RAWFORD
RAWFORD LLP
/s/ Michael D. Jones
Michael D. Jones
mjones@jonesgill.com
Texas BarNo. 10929350
Joseph D. Porter
jporter@jonesgill.com
State Bar No.
6363 Woodway, Suite 1100
Houston, Texas 77057
Telephone: (713)652 4068
Facsimile: (713)651 0716
TTORNEYS FOR LAINTIFF
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on August 11, 2021 a true and correct copy of the
foregoing documentwas electronically served on the following counsel of record:
Barry F. Cannaday
Dentons US LLP
McKinney Ave. Suite 1900
Dallas, Texas 75201
0900(telephone)
0910 (facsimile)
barry.cannaday@dentons.com
/s/ Michael D. Jones
Michael D. Jones
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 PLAINTIFF’S RESPONSE TO DEFENDANTS’ MOTION TO CORRECT FINDINGS OF FACT AND CONCLUSIONS OF LAW Subject to the July 21, 2021 MOTION FOR NEW TRIAL Plaintiff PEREGRINE OIL & GAS LP (hereinafter “”), files this RESPONSE TO DEFENDANTS’ MOTION TO CORRECT FINDINGS OF FACT AND CONCLUSIONS OF LAW and states: On August 4, 2021, this honorable Court signed and entered FINDINGS OF FACT AND CONCLUSIONS OF LAW consistent with the relief sought by Peregrine’s Motion for New Trial. Defendants, HRB OIL & GAS, Ltd. and VHPM, LLC, point out that the August 4, 2021 FINDINGS OF FACT AND CONCLUSIONS OF LAW contradict the June 25, 2021 Final Judgment signed by this Court. Defendants, however, fail to acknowledge the intervening Motion for New Trial filed by Peregrine on July 21, 2021. The August 4, 2021 FINDINGS OF FACT AND CONCLUSIONS OF LAW support the correct Final Judgment in favor of Peregrine in this bench trial. trial order, the Court required the parties to submit a draft proposal of a Final Judgment and a draft proposal of Findings of Fact and Conclusions of Law. Peregrine and Defendants complied with the pretrial order. However, the electronic filings with eFile were not always clear as to the party filing the respective pleadings. 29, 2021, Peregrine filed its Rule 296, Tex.R.Civ.P., Request for Findings of Fact and Conclusions of Law within the twenty (2) day time period after judgment On July 5, 2021, Defendants filed Findings of Fact and Conclusions of Law. On July 8, 2021, Peregrine filed an Additional Request for Findings of Fact and Conclusions of Law pursuant to Rule 298, Tex.R.Civ.P. On July 9, 2021, Defendants filed objections to Peregrine’s Additional Request for Findings of Fact and Conclusions of Law On July 21, 2021, Peregrine filed its Motion for New Trial, pursuant to Rules 320, 321, and 329b, Tex.R.Civ.P., within thirty (30) days of the June 25, 2021 Final Judgment. On July 22, 2021, Peregrine filed its Motion to Modify Judgment pursuant e 329b, Tex.R.Civ.P. On July 27, 2021, Defendants responded to Peregrine’s Motion for New Trial and Peregrine’s Motion to Modify Judgment On August 4, 2021, this Court signed and entered FINDINGS OF FACT AND CONCLUSIONS OF LAW that support Peregrine’s Motion for New Trial and request for judgment. This Court reviewed multiple motions and responses filed by Peregrine and Defendants. Based on that review, t ourt entered the correct FINDINGS OF FACT AND CONCLUSIONS OF LAW on August 4, 2021. WHEREFORE, Premises considered, Peregrine requests this Court to Defendants’ MOTION TO CORRECT FINDINGS OF FACT AND CONCLUSIONS OF LAW, to enter the judgment submitted by Peregrine in its pretrial filings and for such other and further relief to which Peregrine may show itself justly entitled. Respectfully submitted, ONES ILL ORTER RAWFORD RAWFORD LLP /s/ Michael D. Jones Michael D. Jones mjones@jonesgill.com Texas BarNo. 10929350 Joseph D. Porter jporter@jonesgill.com State Bar No. 6363 Woodway, Suite 1100 Houston, Texas 77057 Telephone: (713)652 4068 Facsimile: (713)651 0716 TTORNEYS FOR LAINTIFF CERTIFICATE OF SERVICE The undersigned hereby certifies that on August 11, 2021 a true and correct copy of the foregoing documentwas electronically served on the following counsel of record: Barry F. Cannaday Dentons US LLP McKinney Ave. Suite 1900 Dallas, Texas 75201 0900(telephone) 0910 (facsimile) barry.cannaday@dentons.com /s/ Michael D. Jones Michael D. Jones