Free Clerk's Judgment - District Court of Colorado - Colorado

Case 1:01-cv-00777-REB-CBS

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Filed 07/11/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 99-RB-1245 (CBS) (Consolidated with 01-RB-777)

SCOTT A CUNNINGHAM, P. DAVID MANTOR, ERIC LOUGHEAD, and JOHN BONNEVILLE Plaintiff, v. BHP PETROLEUM GREAT BRITAIN PLC., a United Kingdom corporation, and HAMILTON BROTHERS PETROLEUM CORPORATION, a Delaware corporation. Defendant(s). _ _ _ _ _ _ ____________________________________________________________ _____ AMENDED SUPPLEMENTAL JUDGMENT _ ____________________________________________________________ _ _ _ _ _ _____ Pursuant to and in accordance with the Order entered on July 17, 2003, by Judge Robert E. Blackburn, which is incorporated herein by reference as if fully set forth, it is ORDERED as follows: 1). That jud g ment shall enter in favor of Defendant Hamilton Brothers Pe tro l e um Corporation and against Plaintiffs, Scott A. Cunningham, P. David Mantor, Eric Loughead and Jo h n Bonneville on all of Plaintiff' s Claims in their Amended Complaint. 2). Judgment shall enter in favor of Defendants Hamilton Brothers Petroleum

Case 1:01-cv-00777-REB-CBS

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Judgment Civil Action No. 99-RB-1245 (CBS) Page 2 Corporation and BHP Petroleum Great Britain PLC and against Plaintiffs, Scott A. Cunningham, P. David Mantor, Eric Loughead and John Bonneville on Plaintiffs' claim to an Interest in License P.686. 3). Judgment shall enter in favor of Plaintiff, Scott A. Cunningham and against Defendant BHP Petroleum Great Britain' First Counterclaim. s 4). Defendant, Hamilton Brothers Petroleum Corporation may have its costs upon filing a bill of costs within ten days of entry of Judgment. 5). Plaintiffs, Scott Cunningham, P. David Mantor, Eric Loughead and John Bonneville and Defendants Hamilton Brothers Petroleum Corporation and BHP Petroleum Great Britain PLC shall bear their own costs. Pursuant to and in accordance with the Order entered on November 9, 2004, by Judge Robert E. Blackburn, which is incorporated herein by reference as if fully set forth, it is FURTHER ORDERED as follows: 1). That BHP Petroleum Great Britain PLC' second amended counterclaim s for reformation is DISMISSED WITHOUT PREJUDICE; 2). That plaintiff' Second Amended Complaint, filed in Civil Case No. 99-RBs 1245, consoli d a te d with Civil Case No. 01-RB-0777, is DISMISSED WITHOUT PREJUDICE for failure to prosecute, said dismissal to operate

Case 1:01-cv-00777-REB-CBS

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Filed 07/11/2005

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Judgment Civil Action No. 99-RB-1245 (CBS) Page 3 as against all defendants, including BHP Petroleum (U.K.) Corporation; and 3). Th at a Supplemental Judgment consistent with the Order SHAL L BE ENTERED in Civil Case No. 01-RB-0777 forthwith.

FURTHER ORDERED: 1). that the Supplemental Judgment, (doc. 380), filed No ve m b er 15, 2004, shall be corrected to reflect, with respect to 99-CV-01245-REB-C BS, that plaintiff' Second Amended complaint was dismissed without prejudice for s lack of subject matter jurisdicti o n as an additional basis warranting dismissal. 2.) that a separate, Amended Supplemental Judgment shall be entered in 01CV-00777-REB-CBS to reflect that the plaintiff' Se cond Amended s Complaint was dismissed without prejudice for lack of subject matter jurisdiction and for failure to prosecute.

DATED at Denver, Colorado, this 11th day of July , 2005.

Case 1:01-cv-00777-REB-CBS

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Filed 07/11/2005

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Judgment Civil Action No. 99-RB-1245 (CBS) Page 4

FOR THE COURT: Gregory C. Langham, Clerk

By:

s/Stephen P. Ehrlich Chief Deputy