LEGAL PROCEEDINGS
−Removed: On October 1, 2018, a lawsuit styled Thaleia L.
−Removed: Marston, Trustee
−Removed: of the Marston Trust v.
+Added: On October 1, 2018, a lawsuit styled
+Added: Marston, Trustee of the Marston Trust v.
Blackbeard Operating, LLC , et.al, No.
18-10-24761 –
−Removed: CVW in the 143rd District Court in Ward County,
−Removed: Texas (the “2018 Litigation”) was filed, naming, among others, Boaz Energy and the Trust as defendants.
−Removed: The plaintiff is a
−Removed: lessor under two leases operated by Blackbeard Operating LLC.
−Removed: The Underlying Properties include the interests of Boaz Energy in some of
−Removed: the minerals covered by those leases.
−Removed: The litigation seeks surface use damages and alleges violations of the terms of the leases, among
−Removed: other things.
−Removed: While it is not yet possible to estimate any potential loss or range of loss, Boaz Energy has advised the Trustee that it
−Removed: does not anticipate the litigation will materially affect the Trust.
−Removed: On January 3, 2020, Lawrence M.
−Removed: Marston joined the lawsuit as a plaintiff
−Removed: alleging surface damage claims against Blackbeard and Goodnight Midstream Permian, L.L.C., but not against the Trust.
−Removed: On January 17, 2020,
−Removed: the Trust and the other defendants filed a motion for summary judgment, which would dispose of the claims against the Trust if granted.
−Removed: After delays related to COVID-19, a hearing on the summary judgment motions filed by the Defendants and Goodnight was held on August 27,
−Removed: As of March 31, 2021, the court had not yet ruled on the motion for summary judgment.
−Removed: A mediation was conducted on November 10,
−Removed: 2020, but no settlement was reached.
−Removed: The discovery period closed in January 2021.
−Removed: Counsel for the defendants reported that during discovery,
−Removed: plaintiffs appeared to concede several points related to their claim against the Trust in responses to request for disclosure and a deposition
−Removed: of the Marston Trust’s manager, including that the Trust and the other defendants are entitled to retain 40-acres around each producing
−Removed: well as defendants have contended all along.
−Removed: However, plaintiffs have not formally amended their pleading or otherwise non-suited any
−Removed: claim against the Trust.
−Removed: Consequently, the Trust and the other defendants filed a second summary judgment motion pointing out, in part,
−Removed: that plaintiffs appear to have conceded portions of their claim against the Trust and the other defendants regarding the trespass to try
−Removed: That motion was set for hearing on April 1, 2021, but at that hearing, the court granted the plaintiffs’
−Removed: counsel’s
−Removed: motion to withdraw from representing the plaintiffs and vacated the May 3, 2021 trial setting to allow plaintiffs an opportunity to retain
−Removed: The court did not re-open the expired discovery and pleading deadlines.
−Removed: All other motions were carried forward.
−Removed: counsel have since appeared for the plaintiffs, and the court conducted a hearing on October 1, 2021 to cover all pending motions.
−Removed: court indicated a letter ruling on all pending motions would be circulated but that has not yet occurred.
−Removed: On the docket currently are
−Removed: a December 3, 2021 pre-trial hearing and the trial now set for the week beginning December 13, 2021.
+Added: CVW in the 143rd
+Added: District Court in Ward County, Texas (the “2018 Litigation”) was filed, naming, among others, Boaz Energy and the Trust as
+Added: The plaintiff is a lessor under two leases operated by Blackbeard Operating LLC.
+Added: The Underlying Properties include the interests
+Added: of Boaz Energy in some of the minerals covered by those leases.
+Added: The litigation sought surface use damages and alleged violations of the
+Added: terms of the leases, among other things.
+Added: The court had set a two-day bench trial to commence May 18, 2022, but on May 10, 2022, the court
+Added: granted motions for summary judgment effectively disposing of the plaintiff’s claims.
+Added: At a status conference conducted on May 12,
+Added: 2022, the plaintiff confirmed the court’s rulings disposed of all the plaintiff’s claims.
+Added: The only remaining issue is whether
+Added: the court will award attorneys’
+Added: fees to the prevailing parties, and a briefing schedule was set up for guidance on that point.
Certificate of Trust of PermRock Royalty Trust (incorporated by reference to Exhibit 3.3 to Registration Statement on Form S-1 (SEC File No.
2 unchanged sentences
001-38472) filed on May 8, 2018).
+Added: Amendment No.
+Added: 1 to the Amended and Restated Trust Agreement of PermRock Royalty Trust, dated May 4, 2022 (incorporated by
+Added: reference to exhibit 4.1 to Current Report on Form 8-K (SEC File No 001-38472) filed on May 6, 2022).
Section 302 Certification.
6 unchanged sentences
Simmons Bank, as Trustee
−Removed: /s/ Lee Ann Anderson
−Removed: Lee Ann Anderson
−Removed: Senior Vice President
−Removed: November 15, 2021
+Added: SVP Royalty Trust Management
The registrant, PermRock Royalty Trust, has no principal executive
5 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.