4:23-cv-03091•Saddleback Exploration, LLC v. Brunelle et al
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION S ADDLEBACK E XPLORATION, LLC § Interpleader-Plaintiff, § § v. § CIVIL A CTION N O. 4:23-CV-03091 § BARBARA BRUNELL ET AL., § Interpleader-Defendants. § MEMORANDUM AND RECOMMENDATION Before the Court is the Supplemental Motion for Summary Judgment (“Motion”) by Interpleader Defendant Gary D. Pickens, Trustee for Hart Revocable Trust (“Hart”).1 ECF 138. Having reviewed the Motion—to which no party responded, the applicable law, and the record, the Court RECOMMENDS the Motion be GRANTED for the reasons discussed below. I. Factual and Procedural Background. Interpleader-Plaintiff Saddleback Exploration, LLC (“Saddleback”) is the successor operator2 of the Stonegate 6 No. 1H Well (“6-1H Well)” in Winkler County, Texas, and the Owner of the Lease that covers the 6-1H Well. Because Saddleback acknowledges that it owes royalties from the production of the 6-1H 1 The District Judge referred this case to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), the Cost and Delay Reduction Plan under the Civil Justice Reform Act, and Federal Rule of Civil Procedure 72. ECF 100. 2 Saddleback is the successor to Boyd & McWilliams Energy Group, Inc., the original lessee. ECF 7 ¶ 1. In August 2024, Formentera Operations, LLC acquired Saddleback, but the Court continues to refer to Interpleader Plaintiff as Saddleback, as does its counsel. ECF 132; ECF 140. United States District Court Southern District of Texas ENTERED December 18, 2025 Nathan Ochsner, Clerk Case 4:23-cv-03091 Document 150 Filed 12/18/25 in TXSD Page 1 of 9
2 Well but is unsure about to whom the royalties are owed, Saddleback brought this interpleader action to determine potentially conflicting claims by royalty interest owners. ECF 7 ¶ 2. Initially, the interpleader action named hundreds of Interpleader-Defendants (Id. at ¶¶ 6-156), but many of those parties failed to appear or have been dismissed. ECF 107; ECF 143. Saddleback’s Amended Complaint in Interpleader was filed on October 6, 2023. ECF 7. Interpleader Defendant Hart answered the Amended Complaint in Interpleader (ECF 35) and then filed a Motion for Summary Judgment. ECF 112. The Court granted Hart’s Motion for Summary Judgment in part and determined that the deeds through which Hart and other parties claim to derive their interests conveyed floating, as opposed to fixed, royalty interests. ECF 105; ECF 128. Saddleback then sought a new title opinion which addressed the ownership of the floating royalty interests. The new title opinion was distributed to the Parties in March 2025. On June 5, 2025, Hart filed a Supplemental Motion for Summary Judgment asking the Court to grant Hart the right to receive royalty payments according to the ownership of royalty interests set forth in the new title opinion. ECF 138. The Court ordered any party who wanted to respond to the Motion do so by November 12, 2025. ECF 144. No party filed a response. Case 4:23-cv-03091 Document 150 Filed 12/18/25 in TXSD Page 2 of 9
3 II. Legal Standards. A. Summary judgment standard. Summary judgment is appropriate if no genuine issues of material fact exist, and the moving party is entitled to judgment as a matter of law. FED. R. CIV. P. 56(a). The party moving for summary judgment has the initial burden to prove there are no genuine issues of material fact for trial. Provident Life & Accident Ins. Co. v. Goel, 274 F.3d 984, 991 (5th Cir. 2001). Dispute about a material fact is “genuine” if the evidence could lead a reasonable jury to find for the nonmoving party. Hyatt v. Thomas, 843 F.3d 172, 177 (5th Cir. 2016). “An issue is material if its resolution could affect the outcome of the action.” Terrebonne Parish Sch. Bd. v. Columbia Gulf Transmission Co., 290 F.3d 303, 310 (5th Cir. 2002). If the moving party meets its initial burden, the nonmoving party must go beyond the pleadings and must present evidence such as affidavits, depositions, answers to interrogatories, and admissions on file to show “specific facts showing that there is a genuine issue for trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986). The court construes the evidence in the light most favorable to the nonmoving party and draws all reasonable inferences in that party’s favor. R.L. Inv. Prop., LLC v. Hamm, 715 F.3d 145, 149 (5th Cir. 2013). In ruling on a motion for summary judgment the Court does not “weigh evidence, assess credibility, or determine the most reasonable inference to be drawn from the evidence.” Honore v. Douglas, 833 Case 4:23-cv-03091 Document 150 Filed 12/18/25 in TXSD Page 3 of 9
4 F.2d 565, 567 (5th Cir. 1987). However, “[c]onclus[ory] allegations and denials, speculation, improbable inferences, unsubstantiated assertions, and legalistic argumentation do not adequately substitute for specific facts showing a genuine issue for trial.” U.S. ex rel. Farmer v. City of Houston, 523 F.3d 333, 337 (5th Cir. 2008) (citation omitted). B. Interpleader standard. Under 28 U.S.C. § 1335, district courts have original jurisdiction over interpleader actions where the property at issue is worth $500 or more and two or more adverse claimants are minimally diverse. 28 U.S.C. § 1335. The intent behind statutory interpleader is to resolve conflicting claims to a single fund and protect the stakeholder from claims by multiple parties. See Wausau Ins. Companies v. Gifford, 954 F.2d 1098, 1100–01 (5th Cir. 1992). An interpleader action usually consists of two stages. First, the court decides whether the requirements for statutory interpleader have been met “by determining if there is a single fund at issue and whether there are adverse claimants to that fund.” Rhoades v. Casey, 196 F.3d 592, 600 (5th Cir. 1999). If the requirements are met, the court then determines the rights of the claimants. Id. The court may adjudicate the second step at the summary judgment stage if there is no genuine issue of material fact regarding entitlement to the fund. Id.; Massachusetts Mut. Life Ins. Co. v. Sanders, 787 F. Supp. 2d 628, 634 (S.D. Tex. 2011). Case 4:23-cv-03091 Document 150 Filed 12/18/25 in TXSD Page 4 of 9
5 III. Analysis. A. The requirements for an interpleader action are satisfied. To meet the requirements of statutory interpleader, the interpleader-plaintiff must file an action concerning a single fund worth $500 or more; the interpleader- plaintiff must deposit the fund into the registry of the court; two or more adverse claimants must claim to be entitled to the fund; and those claimants must be minimally diverse. Auto Parts Mfg. Mississippi, Inc. v. King Const. of Houston, L.L.C., 782 F.3d 186, 192–93 (5th Cir. 2015); Am. Gen. Life Ins. Co. v. McCarty, No. 2:25-CV-00903, 2025 WL 2941127, at *2 (W.D. La. Oct. 16, 2025). All the requirements for an interpleader action are satisfied in this case. The royalty amounts in question are worth over $500 and Saddleback deposited the funds with the Court. ECF 7 ¶ 3; ECF 38 (original deposit into registry in amount of $101,302.35). The royalty payments comprise a single fund arising from the same origin: the non-participating royalty interest on oil production from a specific lease. See Gifford, 954 F.2d at 1101; Chevron U.S.A. Inc. v. Guerra, No. A-06-CA-198- SS, 2006 WL 8432427, at *6 (W.D. Tex. Oct. 4, 2006) (finding similar scenario of claimants with production royalty interests and mineral lessee-stakeholder met requirements of statutory interpleader). The remaining Interpleader-Defendants are minimally diverse: Hart, Matthew-Link Properties, Ltd., and others are Texas citizens and Moody Bible Institute of Chicago is an Illinois citizen. See ECF 7 ¶¶ Case 4:23-cv-03091 Document 150 Filed 12/18/25 in TXSD Page 5 of 9
6 26, 48, 71. The Interpleader Defendants’ claims are adverse because each claims an interest in the same fund, even though the individual interests to which each claims to be entitled are not necessarily mutually exclusive. See Hussain v. Bos. Old Colony Ins. Co., 311 F.3d 623, 632, 634 n. 40 (5th Cir. 2002) (“[I]t is well settled that claims to the stake need not be mutually exclusive . . . courts have also found that adversity of claims is satisfied when additional claims to a fund are derivative of one particular claimant's right to the fund” or a stakeholder’s “liability is limited and the combined claims are in excess of such limited liability”). Therefore, the interpleader requirements are met, and the Court looks to the second step, adjudicating Hart’s right to the fund. B. Hart is entitled to summary judgment on its claim to the production royalties. Where a non-moving party fails to respond to a motion for summary judgment, the court may accept “as undisputed the facts . . . listed in support of . . . [the] motion for summary judgment.” Eversley v. MBank Dallas, 843 F.2d 172, 174 (5th Cir. 1988) (finding that district court did not err in granting summary judgment because non-movant “made no opposition to motion . . . [and movant’s] submittals made a prima facie showing of its entitlement to judgment.” [emphasis in original]). See also Morgan v. Fed. Exp. Corp., 114 F. Supp. 3d 434, 437 (S.D. Tex. 2015) (collecting cases). Given the lack of response from any Interpleader Defendant, the Case 4:23-cv-03091 Document 150 Filed 12/18/25 in TXSD Page 6 of 9
7 Court takes the facts alleged in Hart’s Motion as undisputed, particularly because the Court extended the deadline for Parties to respond. ECF 144. Hart asserts that it owns the following interests in the South 3/4ths of Section 6, Block B-6, Public School Land Survey, A-1310, 482.5 acres, more or less, in Winkler County, Texas (the “NPRI Property” where the 6-1H Well is located): 1/2 x “1/64 of 1/8 of the landowner’s 1/8 royalty interest” in SE4NW4 of Section 6 and 1/2 x “1/64 of 1/8 of the landowner’s 1/8 royalty interest” in the SE4 of Section 6. ECF 138 ¶ 2. In support, Hart attached an affidavit from Ariane Doggett, a landman, who completed a review of the relevant land records of the County Clerk of Winkler County for the period March 13, 1883, to January 5, 2024, and concluded that Hart owned the same interest. ECF 138-1 ¶ 3. Doggett noted that Hart’s interest can be traced back to three deeds conveying floating royalty interests (as previously determined by this Court on the initial Motion for Summary Judgment) from Paul Vitek to Mid-Tex Company, which then conveyed the interest to William J. Gorndt and Etta M. Fackler, who conveyed their interests to Continental Gulf Syndicate Ltd. Id. at ¶¶ 4-5. Doggett further explained that Royalty Roundup Inc. received half of Continental Gulf’s interest (via a mesne conveyance), and upon forfeiture of the corporate charter, the assets were distributed to the owners, Jack L. Hart and Nancy Hart. Id. at ¶¶ 5-6. Upon Nancy Hart’s death, Jack L. Hart acquired her interest in the corporation’s assets, which he Case 4:23-cv-03091 Document 150 Filed 12/18/25 in TXSD Page 7 of 9
8 conveyed to the Hart Revocable Trust in 1990.3 See ECF 138-2 at 67-68 (the new title opinion sought by Formentera Operations, LLC); ECF 112-1 at 37. The deeds and other documents included with Doggett’s affidavit attached to the First Motion for Summary Judgment (ECF 112), and incorporated by reference in the pending Motion for Summary Judgment (ECF 138 ¶ 3), corroborate this chain of title. ECF 112-1. Hart claims the evidence presented demonstrates that it owns a non- participating royalty interest equal to 0.00024414 percent of the proceeds of production from the property described above, which includes the 6-1H Well. ECF 138 ¶ 6. Doggett, after examining the new title opinion and other documents, agreed. ECF 138-1 ¶ 6. The new title opinion finds the same non-participating royalty interest was owned by the Trustee of Royalty Roundup, Inc., or its successors or assigns (ECF 138-2 at 25), which Hart claims to be. See ECF 138 ¶ 6. Therefore, Hart has presented unrebutted summary judgment evidence demonstrating its entitlement to a 0.00024414 non-participating royalty interest. 3 The new title opinion posits that judicial action is required to ascertain the successor to Royalty Roundup, Inc. ECF 138-2 at 68. The state-law corporate dissolution question is not properly before this Court, so this recommendation does not encompass that issue. Case 4:23-cv-03091 Document 150 Filed 12/18/25 in TXSD Page 8 of 9
9 IV. Conclusion and Recommendation. For the reasons stated above, the Court RECOMMENDS that Interpleader- Defendant Hart’s currently pending Motion For Summary Judgment (ECF 138) be GRANTED. The Clerk of the Court shall send copies of the memorandum and recommendation to the respective parties, who will then have fourteen days to file written objections, pursuant to 28 U.S.C. § 636(b)(1)(C). Failure to file written objections within the time period provided will bar an aggrieved party from attacking the factual findings and legal conclusions on appeal. Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en banc), superseded by statute on other grounds. Christina A. Bryan United States Magistrate Judge Signed on December 18, 2025, at Houston, Texas. Case 4:23-cv-03091 Document 150 Filed 12/18/25 in TXSD Page 9 of 9
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