MC Oil and Gas v. Ultra Resources et al, No. 1:2015cv00038 - Document 347 (D. Utah 2015)
Court Description: MEMORANDUM DECISION AND ORDER denying as moot 198 SEALED MOTION for Partial Summary Judgment re First Right Offer. Signed by Judge David Nuffer on 11/12/15 (alt)
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MC Oil and Gas v. Ultra Resources et al Doc. 347 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, NORTHERN DIVISION MC OIL and GAS, LLC, a Nevada limited liability company, Plaintiff, v. MEMORANDUM DECISION AND ORDER DENYING AS MOOT PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT REGARDING THE FIRST RIGHT OF OFFER ULTRA RESOURCES, INC., a Wyoming corporation, UPL THREE RIVERS Case No. 1:15-cv-0038-DN HOLDINGS, LLC, a Delaware limited liability company, and AXIA ENERGY, LLC, a District Judge David Nuffer Delaware limited liability company, Defendants. Plaintiff MC Oil and Gas, LLC (“MC Oil) has filed a motion 1 for summary judgment (“Motion”), requesting judicial construction of “the meaning of the First Right of Offer provision” in the contract MC Oil and Defendant Axia Energy, LLC (“Axia”) entered into on April 24, 2013 (“Purchase Agreement”). Specifically, MC Oil requests a declaration 1) that Defendants Axia, Ultra Resources, Inc. (“Ultra”), and ULP Three Rivers Holdings, LLC (“UPL Three Rivers”) (collectively “Defendants”) are contractually obligated to provide MC Oil with the right to make an offer on any volume above 1,000 barrels per day of wax crude oil that Defendants produce in the Uinta Basin, 2) that the first Right of Offer is not a one-time provision, but rather remains in place throughout the entire contract period, and 3) that Defendants are in breach of the Agreement because they have failed to provide MC Oil with the opportunity to make the first offer on additional volumes as the [Purchase] Agreement requires. 2 1 Plaintiff’s Motion for Partial Summary Judgment and Memorandum in Support (“Motion”), docket no. 198, filed under seal on October 14, 2015. 2 Id. at 1. Dockets.Justia.com For the reasons set forth in the Memorandum Decision and Order Granting Defendants’ Motion for Summary Judgment Regarding the First Right of Offer, 3 MC Oil’s present Motion is DENIED as MOOT. Dated November 12, 2015. BY THE COURT: ____________________________ David Nuffer United States District Judge 3 Docket no. 346, filed November 6, 2015. 2
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