Attached files
file | filename |
---|---|
EX-99.3 - EX-99.3 - TEL OFFSHORE TRUST | a17-3314_1ex99d3.htm |
EX-99.1 - EX-99.1 - TEL OFFSHORE TRUST | a17-3314_1ex99d1.htm |
8-K - 8-K - TEL OFFSHORE TRUST | a17-3314_18k.htm |
Exhibit 99.2
CAUSE NO. C-1-PB-14-001245
IN RE: |
§ |
|
IN THE PROBATE COURT OF |
|
§ |
|
|
V. |
§ |
|
OF |
|
§ |
|
|
TEL OFFSHORE TRUST |
§ |
|
TRAVIS COUNTY, TEXAS |
FINAL JUDGMENT AS TO INDIVIDUAL TRUSTEES
After considering the Motion for Entry of Final Judgment as to Individual Trustees, which was filed by Gary C. Evans, Jeffrey S. Swanson, and Thomas H. Owen, Jr., as individual trustees, and Daniel Conwill IV, as a former individual trustee, of the TEL Offshore Trust (collectively Individual Trustees), wherein Plaintiffs(1) and Individual Trustees announced that a full and final settlement as to all claims that have been or could have been asserted by or against the Individual Trustees have been fully and finally resolved, and after considering the evidence, pleadings, and arguments of counsel, the Court finds the requested judgment should be entered as follows:
It is ORDERED, ADJUDGED AND DECREED that all claims that have been asserted or could have been asserted by Ad Litem, or those unitholders represented by Ad Litem, against the Individual Trustees, and all claims that have been asserted or could have been asserted by the Individual Trustees against Ad Litem, or those unitholders represented by Ad Litem, are hereby dismissed with prejudice;
It is ORDERED, ADJUDGED AND DECREED that all claims that have been asserted or could have been asserted by RNR against the Individual Trustees, and all claims that have been asserted or could have been asserted by the Individual Trustees against RNR, are hereby dismissed with prejudice;
(1) The term Plaintiffs as used in this Final Judgment shall include Glenn M. Karisch (Ad Litem), attorney ad litem for the unit holders of TEL Offshore Trust who were served by publication and did not answer or appear, RNR Production Land & Cattle Company Inc. (RNR), Albert Speisman and Joyce E. Speisman (the Speismans),
It is ORDERED, ADJUDGED AND DECREED that all claims that have been asserted or could have been asserted by the Speismans against the Individual Trustees, and all claims that have been asserted or could have been asserted by the Individual Trustees against the Speismans, are hereby dismissed with prejudice;
It is FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiffs TAKE NOTHING from the Individual Trustees and that this Final Judgment as to Individual Trustees bars all claims against the Individual Trustees that have been brought or could have been brought by any party in the captioned lawsuit, any current or former unitholder, or any other individual or entity in relation to the TEL Offshore Trust. It is FURTHER ORDERED, ADJUDGED AND DECREED that the Individual Trustees TAKE NOTHING from the Plaintiffs. This Final Judgment as to Individual Trustees shall not affect in any way the claims of Plaintiffs against the Bank of New York Mellon Trust Company, N.A. (the Corporate Trustee), the Corporate Trustees defenses to such claims, or the Corporate Trustees counterclaims against Plaintiffs.
Each party shall bear its own taxable Court costs.
All relief not expressly granted in this judgment is denied. Upon severance, this Final Judgment as to Individual Trustees shall become a final appealable judgment without further action from the Court.
Signed: |
January 20, 2017 |
|
|
|
|
| |
|
|
/s/ Guy Herman | |
|
|
JUDGE PRESIDING |
AGREED AS TO FORM AND SUBSTANCE: |
| |
|
| |
NORTON ROSE FULBRIGHT US LLP |
| |
|
| |
By: |
/s/ Peter A. Stokes |
|
|
Paul Trahan |
|
|
State Bar No. 24003075 |
|
|
paul.trahan@nortonrosefulbright.com |
|
|
Peter A. Stokes |
|
|
State Bar No. 24028017 |
|
|
peter.stokes@nortonrosefulbright.com |
|
|
98 San Jacinto Boulevard, Suite 1100 |
|
|
Austin, Texas 78701-4255 |
|
|
Telephone: (512) 474-5201 |
|
|
|
|
|
Daniel M. McClure |
|
|
State Bar No. 13427400 |
|
|
dan.mcclure@nortonrosefulbright.com |
|
|
1301 McKinney, Suite 5100 |
|
|
Houston, TX 77010-3095 |
|
|
Telephone: (713) 651-5151 |
|
|
ATTORNEYS FOR INDIVIDUAL TRUSTEES |
|
|
GARY C. EVANS, JEFFREY S. SWANSON, |
|
THOMAS H. OWEN, JR., AND DANIEL CONWILL IV |
| |
|
| |
|
| |
AGREED AS TO FORM: |
| |
|
| |
|
| |
SCOTT DOUGLASS & MCCONNICO LLP |
| |
|
| |
By: |
/s/ Daniel C. Bitting |
|
|
Daniel C. Bitting |
|
|
State Bar No. 02362480 |
|
|
Cynthia L. Saiter |
|
|
State Bar No. 00797367 |
|
|
303 Colorado Street, Suite 2400 |
|
|
Austin, Texas 78701 |
|
|
Telephone: (512) 495-6300 |
|
|
dbitting@scottdoug.com |
|
|
csaiter@scottdoug.com |
|
|
|
|
|
Glenn M. Karisch |
|
|
State Bar No. 11098950 |
|
|
THE KARISCH LAW FIRM, PLLC |
|
|
301 Congress Avenue, Suite 1910 |
|
|
Austin, Texas 78701 |
|
|
Telephone: (512) 328-6346 |
|
|
karisch@texasprobate.com |
|
|
ATTORNEY AD LITEM |
|
|
|
|
|
|
|
RATLIFF LAW FIRM PLLC |
| |
|
| |
By: |
/s/ Shannon Ratliff |
|
|
Shannon Ratliff |
|
|
State Bar No. 16573000 |
|
|
sratlifee@ratlifflaw.com |
|
|
Lisa Paulson |
|
|
State Bar No. 00784732 |
|
|
lpaulson@ratlifflaw.com |
|
|
600 Congress Avenue, Suite 3100 |
|
|
Austin, Texas 78701 |
|
|
ATTORNEYS FOR RNR PRODUCTION |
|
|
LAND AND CATTLE CO., INC. |
|
|
|
|
|
|
|
By: |
/s/ R. James George, Jr. |
|
|
R. James George, Jr. |
|
|
State Bar No. 07810000 |
|
|
rjgeorge@gbkh.com |
|
|
114 West 7th Street, Suite 1100 |
|
|
Austin, Texas 78701 |
|
|
Telephone: (512) 495-1400 |
|
|
ATTORNEY FOR ALBERT SPEISMAN |
|
|
AND JOYCE E. SPEISMAN |
|