Leland Oil & Gas, LLC et al v. Azar et al

Filing 44

ORDER by Magistrate Judge Charles S. Miller, Jr. granting 35 Motion for Partial Summary Judgment. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Leland Oil and Gas, LLC, and K & R
Roustabout, Inc.,
Plaintiffs,
vs.
Marsha Azar and Saul Azar dba Illinois
Energy, and Bensun Energy, LLC,
Defendants.

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ORDER GRANTING MOTION FOR
PARTIAL SUMMARY JUDGMENT

Case No. 1:14-cv-161

Plaintiffs Leland Oil & Gas, LLC (“Leland”) and K & R Roustabout, Inc. initiated the above
entitled action on December 17, 2014. Leland asserts claims against Defendants Marsha and Saul
Azar d/b/a Illinois Energy for breach of contract, breach of warranty of title, conversion, and fraud
arising out of the Azars’ alleged failure and refusal to effectuate the transfer of the Davis State 34-35
well and Sullivan 1-23 to Leland and Defendant Bensun Energy, LLC (“Bensun”). In its prayer for
relief, Leland requests, inter alia, judgment against the Azars in an amount equal to its lost profits
dating back to June 12, 2012, and an order compelling the Azars to perform any and all actions
necessary to effectuate the transfer of the Davis State 34-35 well and Sullivan 1-23 well to Leland
and Bensun.
On October 23, 2015, Leland filed a “Motion for Partial Summary Judgment Against
Defendants Marsha Azar and Saul Azar, dba Illinois Energy.” Averring that there are no material
facts in dispute, it requests the court to make the following legal determinations:
1.

Defendants Marsha and Saul Azar d/b/a as Illinois Energy are legally
obligated to complete and file all necessary documents with the North Dakota
Industrial Commission to effectuate a change of operator of the Sullivan 23-1
and Davis State 34-36 wells to Leland, including but not limited to, Notice
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2.

3.

of Transfer of Oil and Gas Wells-Form 15;
Neither Leland, K and R Roustabout, Inc., nor Bensun Energy, LLC have any
legal obligation to secure or provide further services to fix, maintain or
service the McMahon State 1 well; and
Leland Oil & Gas, LLC and Bensun Energy, LLC have fully performed all
of their contractual obligations owed Azar.

(Docket No. 36).
The Local Rules provide in relevant part that the adverse party has 21 days after service of
a dispositive motion to file a response. See D.N.D. Civ. L.R. 7.1(A)(1). They further provide that
a party’s failure to file a response within the prescribed time may subject the motion to summary
ruling and may be deemed an admission that the motion is well taken. See D.N.D. Civ. L.R.
7.1(A)(3) and (F).
Approximately three months have lapsed since Leland filed its motion and the Azars have
yet to file a response. The Azars failure to timely respond is deemed an admission under the Local
Rules that the motion is well taken. Accordingly, Leland’s “Motion for Partial Summary Judgment
Against Defendants Marsha Azar and Saul Azar, dba Illinois Energy” (Docket No. 35) is
GRANTED.
IT IS SO ORDERED.
Dated this 22nd day of January, 2016.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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