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September 8, 2011 UPDATE A: The summary judgment motion in the Declaratory Judgment action against Nornew in connection with five statutory lease termination procedures has been served (5/27) and filed (officially, 6/21). Nornew's attorney requested an adjournment, on consent, of sufficient length, so as to permit him to contact his client with a settlement proposal, which, if accepted, would avoid the risk of an adverse judgment against his client, though at the cost of conceding the allegations of the complaint and granting the equivalent of the relief sought therein. A new action is now taking shape on behalf of the landowners who had Chesapeake leases, whether directly with Chesapeake, or with Chesapeake, as assignee, in connection with which statutory lease termination procedures were, as with the Nornew leases referred to above, completed. It is estimated that there are, at present, 30-35 such landowners, some with multiple leases. If you are one of those landowners and are reading this update, please consider whether or not you want the extra security which you would have from a Declaratory Judgment action which, if successful, would adjudicate the statutory termination of that/those lease(s). While there would be some cost, the cost is not overly high and the initial deposit is moderate. Please note, the action against Chesapeake will, likely, though not definitely, be filed in West Virginia, the state wherein the Eastern Division of Chesapeake is based, and, as such, among other reasons, would be done on an "assignment basis", the same basis being used in the Nornew action, referred to above. To-date, the Nornew action is progressing well and it is from that positive perspective that the Chesapeake action is being launched. Once your decision is made, please call 718-391-8644 (available 24/7), to advise. "This attorney advises that the procedure which he uses to terminate these leases is NOT conditioned on repayment of any monies previously received from or on behalf of the gas companies, though the gas companies may later assert claims for repayment of such monies, with a 50/50 chance that those claims would, eventually, be upheld, as well as a 50/50 chance that those claims would, eventually, be denied."
"UPDATE"
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UPDATE B:
UPDATE C:
FRIDAY, JULY 29th, 2011: My motion for summary judgment against Nornew, as well as Nornew's opposition thereto, which was contained within its last-minute cross-motion for summary judgment in its favor, as well as my opposition to its cross-motion, which was combined with my reply to its opposition to my motion, as well as Nornew's reply to my opposition to its cross-motion, were all marked "submitted" by the Court today.
My papers were "strong", comprehensive and clear. Thus, I am cautiously optimistic
We have established a relationship with an attorney from the NYC area and are moving forward with Gas Lease Forfeiture filings. He is VERY versed in the Gas Lease verbage and the different aspects of legal problems and issues. IF you are interested in having your Gas Lease terminated you can contact him at (718) 391-8644.
All calls returned
The initial review is "no charge".
A Declaratory Judgment action is now possible for those that have had their leases Forfeited through this Attorney. "The Attorney also advises that disclosures may have to be made to the Gas Companies in the course of the Declaratory Judgement action(s) which could cause insurmountable problems for landowners who have not yet served lease termination Notices on those companies but now want to do so"
PLEASE NOTE!!!!!
Any and all decisions on how to proceed with this are strictly from your own judgement after speaking with any legal source.There is no "guarantee" of final results!
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