MBW's unpaid share of expenses for said project amounted to $84,220.01, for which ORX demanded payment via correspondence, but to no avail. The well proved to be unsuccessful, and was ultimately plugged. Washauer paid the full amount of MBW s share of an ORX cash call invoice of $59,325 with a personal check. Adjustments were made in the plan to drill the Well, including the issuance of a revised AFE, which Mr. 2 in the Clovelly Prospect, (“the Well"), which was the "initial well" called for in the Participation Agreement. In 2006, ORX, as the well Operator, began planning the Allain LeBreton Well No. Additionally, he paid MBW s participation fee with a check drawn from the account of another entity, MBW Properties, LLC. Later, ORX submitted an Authorization for Expenditure (“AFE”) to MBW for approval, which Mr. The drilled well was governed by the Participation Agreement, which provided that MBW had a working interest in the Clovelly Prospect whereby MBW would share in 2.5% of the costs incurred, and would gain a proportionate share of the returns, if any, produced by the well. It further provided that the non-operating working interest partners, like MBW, would pay their proportionate share of the costs in exchange for a corresponding working interest ownership share in the Clovelly Prospect. The JOA provided that ORX was to serve as the "Operator" drilling a well within the Clovelly Prospect. Washauer signed these documents in October of 2003 and December of 2004, respectively, on behalf of MBW, in his capacity as a “Managing Member.” However, MBW did not come into existence 1 until July of 2005, when its articles of organization were filed with the Louisiana Secretary of State. The partnering parties entered into a Joint Operating Agreement (“JOA”) and the Clovelly Prospect Participation Agreement ("Participation Agreement"). Pursuant to this Agreement, ORX purchased certain oil, gas and mineral leases/interests in a tract of land located in Lafourche Parish, known as the "Clovelly Prospect." ORX partnered with other entities, including MBW, to share in the expense and potential profits of the venture to explore and develop the Clovelly Prospect. On January 16, 2003, ORX entered into the "Clovelly Purchase Agreement" with Coastline Oil & Gas, Inc. Washauer operated MBW as his alter ego, and allowing ORX to pierce the veil of an LLC. For the reasons that follow, we affirm the judgment determining that Mr. Washauer are liable in solido to ORX for breach of contract, and awarded ORX attorneys fees. (“MBW”) and Mark Washauer, seek review of a judgment of the district court granting a motion for summary judgment in favor of ORX Resources, Inc. 4041 Essen Lane One United Plaza, Suite 500 Baton Rouge, LA 70809 COUNSEL FOR DEFENDANTS/APPELLANTS FebruAFFIRMED MOTION TO ENROLL AS ADDITIONAL COUNSEL GRANTED The Appellants, MBW Exploration, L.L.C. 1100 Poydras Street, Suite 3100 New Orleans, LA 70163 COUNSEL FOR PLAINTIFF/APPELLEE Michael A. Taylor Darden CARVER DARDEN KORETZKY TESSIER FINN BLOSSMAN & AREAUX, L.L.C. Jones Judge ****** (Court composed of Judge Charles R. WASHAUER APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. WASHAUER * FOURTH CIRCUIT * STATE OF LOUISIANA ******* CONSOLIDATED WITH: CONSOLIDATED WITH: ORX RESOURCES, INC. 2009-CA-0662 VERSUS * COURT OF APPEAL MBW EXPLORATION, L.L.C. OR Excellence Vendor ExperienceĪs a vendor at OR Excellence, you’ll connect with OR leaders from both hospital and ambulatory surgery settings in a fun, efficient and relaxed environment.ORX RESOURCES, INC. Selected participants will receive complimentary conference registration and a two-night hotel stay for your time. 4-6, 2023, in Phoenix, AZ at the Arizona Grand Resort & Spa.Ĭomplete this questionnaire to tell us more about your role in purchasing at your facility. Check back regularly for new events and be sure to invite your colleagues to join you! OR Excellence ConferenceĬonnect and collaborate with outpatient leaders and leading medical device manufacturers and service providers. Registration is complimentary and continuing education credits are available. OR Excellence Webinarsĭelivering the most popular, pertinent topics in live and on-demand webinars with industry experts. OR Excellence Offering education on high-interest clinical and leadership topics relevant to the ambulatory surgery community.
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