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Monarch Midstream. LLC v. Badlands Prod. Co. (In re Badlands Energy, Inc.)

United States Bankruptcy Court for the District of Colorado

September 30, 2019, Decided

Case No. 17-17465 KHT, Chapter 11, Case No. 17-17467 KHT, Chapter 11, Case No. 17-17469 KHT, Chapter 11, Case No. 17-17471 KHT, Chapter 11, Jointly Administered Under, Case No. 17-17465 KHT, Adversary No. 17-01429 KHT

Opinion

 [*859]  ORDER ON WAPITI UTAH, L.L.C.'S MOTION FOR JUDGMENT ON THE PLEADINGS AND MONARCH NATURAL GAS, LLC'S MOTION FOR SUMMARY JUDGMENT

THIS MATTER comes before the Court on the following motions filed by [**4]  Plaintiff Monarch Midstream, LLC ("Monarch") and Defendant Wapiti Utah, LLC ("Wapiti Utah"):

(1) Wapiti Utah's Motion for Judgment on the Pleadings ("Wapiti Utah's Motion," docket #22); Monarch's Opposition thereto (docket #26); Wapiti Utah's Reply (docket #31); Wapiti Utah's Supplement to the Motion (docket #55); and Monarch's Response to the Supplement (docket #57); and

(2) Monarch's Motion for Summary Judgment and Supporting Memorandum ("Monarch's Motion," docket #27) and supplemental exhibits (docket #29); Wapiti Utah's Opposition thereto and Objection to Materials in Support Thereof (docket #32); and Monarch's Reply (docket #34).

 [*860]  I. INTRODUCTION

Badlands Production Company, f/k/a Gasco Production Company, and Badlands Energy, Inc., f/k/a Gasco Energy, Inc., are Colorado corporations and Debtors in the above captioned Chapter 11 bankruptcy cases. Badlands Energy, Inc. owns 100% of Badlands Production Company and will be collectively referred to herein as "Badlands". Badlands was a consolidated natural gas and petroleum exploration, development and production company.

Following notice and a hearing, on October 26, 2017, the Court entered an Order authorizing Badlands to sell its oil [**5]  and gas assets located in the Uintah Basin, Utah (the "Riverbend Assets") to Wapiti Utah, formerly known as Wapiti Newco, L.L.C.,1 a Delaware limited liability company, free and clear of liens, claims, encumbrances and interests pursuant to Sections 363(b) and (f) of the Bankruptcy Code2 ("Sale Order").3

Monarch is a Delaware limited liability company and the owner and operator of natural gas gathering and processing and salt water disposal systems in Uintah and Duchesne Counties, Utah.

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608 B.R. 854 *; 2019 Bankr. LEXIS 3414 **; 2019 WL 5549463

In re: BADLANDS ENERGY, INC., Debtor.In re: BADLANDS PRODUCTION COMPANY, Debtor.In re: BADLANDS ENERGY-UTAH, LLC, Debtor.In re: MYTON OILFIELD RENTALS, LLC, Debtor.MONARCH MIDSTREAM, LLC, f/k/a MONARCH NATURAL GAS, LLC, Plaintiff, v. BADLANDS PRODUCTION COMPANY f/k/a GASCO PRODUCTION COMPANY, a Colorado corporation; BADLANDS ENERGY, INC. f/k/a GASCO ENERGY, INC., a Colorado corporation; and WAPITI UTAH, LLC f/k/a WAPITI NEWCO, LLC, a Delaware limited liability company, Defendants.

CORE TERMS

covenant, privity, Dedicated, Gathering, Restated, Reserves, parties, Leases, burdened, disposal, easement, mutual, horizontal privity, free and clear, successor, promise, surface, pre-petition, conveyance, contracts, Oil, pleadings, assigns, mineral, covenant running with the land, equitable, asserts, agrees, binds, salt water