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Re: Enterprising Investor post# 6

Wednesday, 07/15/2015 2:01:34 AM

Wednesday, July 15, 2015 2:01:34 AM

Post# of 64
Opinion and Order Granting Defendants' Motion to Dismiss Complaint and Allowing Plaintiff 30 days to File Amended Complaint (and Dismissing Plaintiff's Motion for Preliminary Injunction. Signed by District Judge George Caram Steeh. (7/4/15)

Source: PACER [Docket 35]

https://ecf.mied.uscourts.gov/doc1/09718022477

Judge Steeh appears to have provided a roadmap based on three footnotes in his Opinion.

1 It appears likely that any amended complaint will include Breitburn as a defendant.

[Since the filing of this lawsuit, QRE Energy has been acquired by Breitburn Energy Partners, LP, a non-party to this action.]

2 Defendants argue that QRE Operating is the sole defendant that is a party to the 1983 Conveyance. Plaintiff, on the other hand, refers to defendants collectively because it states that defendants are structured in a way that it is impossible to know which defendant is responsible for certain actions. For purposes of this motion, the differences between defendants do not matter, and the court refers to all of the defendants together. Plaintiff’s amended complaint, however, should clearly set forth the specific actions taken by each defendant, to the extent that it is possible.

3 In addition, plaintiff’s motion for preliminary injunction (Doc. #15) is dismissed. At least part of the relief requested in the motion — enjoining Breitburn from assuming control over Jay Field — is now moot. To the extent that plaintiff wishes to seek the remaining relief — the appointment of a receiver over the financial operations of Jay Field — plaintiff shall file a motion after filing the amended complaint.

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