J-Lu Ltd Co v. Will-Drill Resources, Inc.

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

P.O. Box 16577

Lake Charles LA 70616 (337) 433-9403

NOT DESIGNATED FOR PUBLICATION

Hunter William Lundy Jackey White South Lundy, Lundy, Soileau & South Lundy, Lundy, Soileau & South P. O. Box 3010 501 Broad Street Lake Charles LA 70602 Lake Charles LA 70602 Daniel A. Kramer Candace P. Howay Lundy, Lundy, Soileau & South Lundy, Lundy, Soileau P. O. Box 3010 501 Broad Street Lake Charles LA 70602 Lake Charles LA 70602-3010 Jonathan Hadley Fontenot

Attorney at Law

P. O. Box 4407

Lake Charles LA 70606

REHEARING ACTION: August 31, 2016 Docket Number: 16 00418-CW

J-LU LTD CO, ET AL.

VERSUS

WILL-DRILL RESOURCES, INC.,

ET AL.

Writ Application from Beauregard Parish Case No. C-2014-0383 BEFORE JUDGES:

Hon. Jimmie C. Peters

Hon. James T. Genovese

Hon. Shannon J. Gremillion

As counsel of record in the captioned case, you are hereby notified that the ruling on the application for rehearing filed by James Michael Roberson, Jr., et al is: REHEARING GRANTED.

WRIT DENIED. We find that the dispute herein is a simple, contractual dispute which has no effect on any order of the Commissioner of the Office of Conservation. The relators and respondents entered into a contract whereby the respondents would develop the property at issue for all parties. The relators do not attack the Commissioner’s existing order, but instead, question the way the respondents have implemented that order.

Additionally, the respondents do not seek a permanent injunction to prohibit the Commissioner from issuing additional orders. Instead, the relators seek to prevent the respondents from causing the relators more damages by continuing to violate their contract. Accordingly, we conclude that the Commissioner has no interest in the litigation and that the Commissioner’s authority would not be called into question; thus, we hereby deny the writ.

cc: Philip Edward Downer, III, Counsel for the Applicant Jacob M. Oakley, Counsel for the Applicant