Member Info for Looed

The new filings are all from ZM's counsel and don't paint a pretty picture - but that is what you would expect opposing counsel to do.

They are for the most part what we have seen before - Award, docs from the Cali case, Cayman Order, the Cayman order sanctioning FRC for US$1,000, various doc's relating to the assignment / non-assignment of the Asset, the GC contract and judgement in GC favor from Georgia, various FRC / SN motions and counterclaims which I assume they sought to undermine during testimony.

Did the judge rule on ZM's motion to dismiss Glen Ballard from Dentons?

Going by comments and sentiment it seems yesterday was not such a good day at court.

There are new filings totaling almost 1,000 pages. Will try to see if there is anything new in there.

It should start around 12:30pm Houston time. I think the judge said it might be a bit earlier / later than that depending on progress in the preceding case.

This is 'Exhibit A' and which appears to be a condensed version of the document Ivy shared a few days ago -

UPON the Defendant’s application to set aside judgment in default pursuant to CPR 13.2(1)(a) brought by notice dated 28 October 2020

AND UPON the Claimant’s application to validate service pursuant to CPR 6.15, to dispense with service pursuant to CPR 6.16 and/or to extend time for service of the claim form pursuant to CPR 7.6 brought by notice dated 9 December 2020 (“the Applications”)

AND UPON the Defendant indicating that the Claimant’s application pursuant to CPR 7.6 is not opposed

AND UPON hearing Leading Counsel for the Claimant and for the Defendant

AND UPON the Court determining that the claim form had not been validly served on the Defendant on the date on which default judgment was entered or at all

IT IS ORDERED THAT:

1. Pursuant to CPR 13.2(1)(a), the default judgement dated 20 April 2020 is hereby set aside.

2. Pursuant to CPR 6.15(2), the Claimant’s service of the claim form in person on Mr Gerard Bono at 10819 Cranbrook Road, Houston, Harris County, Texas TX 77042, USA on 2 March 2020 is hereby retrospectively validated.

3.Pursuant to CPR 6.15(4)(c), the period for filing an acknowledgment of service shall be seven days from the date hereof, i.e. by 2 June 2021.

4. In light of the order made at paragraph 2 above, the Claimant’s applications pursuant to 6.16 and 7.6 are dismissed.

5. The Defendant’s time for service of a Defence shall expire at 4 pm on the day 22 days after it acknowledges service of the Claim Form.

6. The Claimant shall pay the Defendant’s costs of the Applications, which are summarily assessed on the standard basis at £88,800.

7. This case will be transferred to the London Circuit Commercial Court for future management and hearing.

61ST JUDICIAL DISTRICT

UNOPPOSED MOTION TO DISMISS AND VACATE ENFORCEMENT ORDER

Frontera Resources Corporation (“Frontera”) files this Unopposed Motion to Dismiss and Vacate this Court’s “Order to Enforce Judgment” (“Enforcement Order”), signed on June 22, 2020, and dismiss this case because the foreign-country default judgment that formed the basis for that order has been set aside. As a result, there is no longer a foreign-country default judgment to enforce, and the Enforcement Order should be vacated and this case should be dismissed.

BACKGROUND

YA II PN, LTD (“YA II”) sued Frontera in the United Kingdom for breach of contract and obtained a no-answer default judgment against Frontera (“UK Default Judgment”). YA II then sought to enforce the UK Default Judgment by filing this case. On June 22, 2020, this Court signed the Enforcement Order.

Frontera challenged both the UK Default Judgment and the default Enforcement Order. In December 2020, this Court granted Frontera’s motion to stay all proceedings pending resolution of Frontera’s appeal of the UK Default Judgment, but reserved consideration of Frontera’s motion to vacate the Enforcement Order. Because YA II argued that the Enforcement Order was a final judgment, Frontera also filed a restricted appeal of the Enforcement Order as a precautionary measure to preserve its appellate rights. That appeal is pending, with Frontera’s opening brief filed on May 14, 2021. In that brief, Frontera asked the Court of Appeals to dismiss the appeal for lack of jurisdiction if the Enforcement Order is not a final, appealable judgment or otherwise vacate the order.

Meanwhile, Frontera also challenged the UK Default Judgment, which formed the sole basis for these proceedings before the Court. On May 26, 2021, following a hearing, the UK High Court issued an order setting aside YA II’s default judgment against Frontera. Here is the language from the order, which is attached as Exhibit A:

Pursuant to CPR 13.2(1)(a), the default judgement dated 20 April 2020 is hereby set aside.

Exhibit A. Because of that ruling, there is no longer any foreign-country judgment to enforce.

RELIEF REQUESTED

Because the UK High Court has now set aside the UK Default Judgment (Exhibit A), there is no longer any foreign-country judgment for YA II to enforce against Frontera. The UK Default Judgment was the sole basis for these proceedings and because it no longer exists, the Enforcement Order should be vacated in its entirety and the case should be dismissed with prejudice.
Frontera respectfully requests that this Court vacate the Enforcement Order in its entirety and dismiss this case with prejudice. Frontera requests any and all additional relief to which it may be entitled.

Some new filings from both sides mostly to do with ZM's attempt to have Glen Ballard excluded on technicalities. ZM's seem to be using the issue to get the FRC backed letter to GOGC which included the TRO excluded. Perhaps that helps them in Georgia by saying the letter which included the TRO has been withdrawn and so should be ignored.

This is the first part of the FRC Response to ZM Motion to exclude Mr. Ballard. You can feel the frustration-

Counter-Plaintiff Frontera Resources Corporation Responds to Counter-Defendant Zaza Mamulaishvili’s Motion to Exclude or, in the Alternative, to Disqualify Glenn Ballard, Jr., and as grounds for denying same:

I. Summary of Argument

1. Zaza Mamulaishvili (“ZM”) has filed yet another dilatory motion, which is baseless, and these dilatory tactics must stop. He complains about two letters written by a lawyer on behalf of his client. The first letter sends notice of a TRO to interested parties. The second letter is a cease and desist letter requesting that interference with a client’s contractual interests stop. Both of these letters are typically sent in litigation such as this and are not a basis for exclusion of such evidence or for disqualification.

II. Factual Background

2. ZM has gone to great lengths to avoid the merits of this case. At the temporary restraining order stage, ZM objected to the declaration of Frontera Resources Corporation in support of such relief numerous times on technical grounds, like missing a birthday, before Judge McFarland granted the TRO. There have also been three special appearances by ZM contesting personal jurisdiction over him even though he filed the lawsuit. There has also been a plea to the jurisdiction of this Court even though ZM submitted to this Court’s jurisdiction in his employment contract (paragraph 30). ZM has also challenged the standing of Frontera Resources Corporation to protect its assets when it has spent half a billion dollars acquiring these assets. Now ZM is trying to disqualify the lead lawyer for Frontera Resources Corporation.

3. On June 2, 2021, ZM objected to four exhibits, including Exhibit 20, Exhibit 23, Exhibit 34, and Exhibit 43. Two of these exhibits are typical letters written on behalf of clients by Mr. Ballard, and in the other two letters Mr. Ballard was simply copied as counsel. Realizing that the objections to the letters where Mr. Ballard was just copied were ludicrous, ZM has now limited his objections to Exhibits 20 and 43. Those letters should be admitted in this proceeding and there is no basis for disqualifying Mr. Ballard for writing them or to make him a witness.

Rest of the day will be devoted to our case.

We are on in 5 mins I believe

I have been told that we should be on shortly, they are trying their best to finish the case currently being heard.

My (possibly wrong) understanding was that the current case would be done and dusted by 11am. If you are watching the live stream you can tell the judge is already over the case currently being discussed and eager to move on. I will try to check if there is an update but I am sure we will be on once this case closes. The judge just told the lawyer he has over-run

Hearing will reconvene at 11am Friday Houston time.

If I recall the judges comments, she will have the day free to focus on this case.

Meanwhile in another part of Texas...in the other case - ZM's appeal against arbitration - ZM's team where meant to file any motions today. They have been granted an extension to 14th June, 2021.

Doesn't show up here but this part is in bold in the original letter -

"Any attempt to terminate the PSC and/or disregard FRUS' rightful ownership is an act of expropriation and a material breach of the PSC that will immediately result in a legal action to protect our rights."

Pt. 3 (final part)

We would like to once again confirm that none of these activities were carried out by FRUS, which at the moment is the party to the PSC and Mineral License. In order to avoid repetition of similar events as noted above, we require your immediate assistance to finalize the administrative transfer of the ownership interest in FEG, so the currently incorrectly registered Director of FEG, Mr Zaza Mamulaishvili may be formally removed from the Public Registry. As we have previously notified you, Mr. Mamulaishvili was dismissed by Frontera’s board of directors from all of his positions within the Frontera group involving the management and representation of all Frontera companies on 28 August 2020 and he is therefore currently operating illegally. Moreover, he is currently the subject of legal actions associated with the underlying reasons for his dismissal.

As you may see, your immediate assistance is the key to termination of these illegal activities at Block XII and essential to ensuring a return to good business regarding which you reconfirmed your commitment in all of your above letters as well as other written and public announcements. Moreover, you are bound by the provisions of the PSC to assist with our requests.
E
xtension: In accordance with Article 5(2) of the PSC, please accept and treat this letter as our preliminary request to extend the term of the PSC and Mineral License for additional 5 years in accordance with the provisions of the PSC. We will shortly provide a formal request on extension of the term with all the necessary information and documentation in accordance with the terms and conditions set under the PSC.

In closing, as I have referenced in prior communications, Frontera has prepared itself for continued significant investment in Georgia in the post-COVID-19 environment. Specifically, our US-based banking relationships have secured a US$100 million financial facility for our continued investments in Block 12. This will bring renewed employment in Georgia, increased oil and gas production from the Kakheti region as well as a positive renewal of our partnership with GOGC/SAOG. We sincerely wish to assist and address any and all outstanding issues that may exist such that we can once again become a model for US/Georgia private sector relations.

We await your response and once again request a meeting to discuss any of the above matters at your earliest convenience.

Sincerely,

Pt. 2

In order to reverse this appropriation, which could have been avoided if the assignment was effected in a timely manner, both FRUS and the Government of Georgia are now bound to participate in lengthy court proceedings.

Stemming from the above-mentioned, in order to immediately finalize the transfer of ownership interest in FEG at the Public Registry, please provide a letter that confirms the assignment and endorses that the all rights and interests under the PSC as well as ownership interest in FEG are owned by FRUS in accordance with our rights under Article 27 of the PSC.

As evidenced above, the assignment is and has been valid and has been executed in accordance with the terms and conditions of the PSC. Any attempt to terminate the PSC and/or disregard FRUS' rightful ownership is an act of expropriation and a material breach of the PSC that will immediately result in a legal action to protect our rights.

Force Majeure: We would like to once again highlight and reconfirm that from 19 March 2020 until today we have been under a force majeure notice that was sent to you on 19 March 2020 in accordance with Article 26 of the PSC. In accordance with the latter Article 26, the period of any such non-performance or delay, together with such period as may be necessary for the restoration of any damage done during-such delay, shall be added to the time given in this Contract for the performance of any obligation-dependent thereon (and the continuation of any right granted) and to the term of this Contract.

In line with requirements under the above referenced Article 26 of the PSC, we rightfully expect that the referred period 19 March 2020 until today will be added to the term of the PSC and accordingly the expiry date of the initial term of the PSC will be extended until force majeure is lifted, instead of 25 June 2022. The impact of the COVID- 19 crisis has been unlike anything we have experienced in our lifetimes and, despite this, we have requested meetings with you that have been disregarded to discuss the timing of safe return to operations. We remain at your disposal to conduct such a meeting.

Operations: We would like to also once again address your concerns regarding ongoing production, extraction and sale of oil by expressed in the following letters: No.05-267 from LEPL State Agency of Oil and Gas dated 4 December 2020; Letter No.LE 301220109-04 from JSC Georgian Oil and Gas Corporation dated 30 December 2020; and Letter No.05-2 from LEPL State Agency of Oil and Gas dated 8 January 2021. We have repeatedly requested meetings with you regarding these matters. Unfortunately, these requests have been disregarded.

Pt.1
April 29, 2021
VIA EMAIL
LEPL State Agency of Oil and Gas (SAOG)
2 Sanapiro Str.
Tbilisi 0114, Georgia
Attn: Mr. Giorgi Tatishvili, Head of the Agency
JSC Georgian Oil and Gas Corporation (GOGC) 21 Kakheti Highway
Tbilisi, 0190, Georgia
Attn: Mr. Giorgi Bakhtadze, General Director
Re: Assignment and other Urgent Pending Issues
Dear Sirs,
I hope this letter finds you well and safe amidst the continued challenges of the COVID-19 crisis worldwide.

I am writing this letter to follow up and request your immediate and urgent attention regarding all the matters that are currently pending with respect to our return to good business. These pending matters and your lack of response are delaying necessary investments that we are prepared to make for the proper restoration of oil and gas production operations for the overall benefit of the Georgian people and their economy.

Frontera Resources U.S. LLC Assignment: One of the main pending issues that needs to be immediately addressed and resolved is your improper obstruction of the assignment of 100% of its ownership interest in Frontera Eastern Georgia LLC (I/N 204905674) (FEG) and all the corresponding rights and obligations under the Production Sharing Contract and Refinery Study (the “PSC”) from Frontera Resources Georgia Corporation (FRGC) to its affiliate - Frontera Resources US LLC (FRUS).
To that end, on 24 April 2020, we have submitted a joint notice signed by FRGC and FRUS, which reconfirmed FRGC’s assignment of 100% of its ownership interest in FEG and all the corresponding rights and obligations under the PSC to FRUS. This included FRUS’s reciprocal intent to assume these rights and obligations under the PSC and become a party to the PSC and accordingly an owner of 50% ownership interest of FEG.

In line with your previous written and verbal argumentation brought before to the National Agency of Public Registry of Georgia (the “Public Registry”) and findings of the Permanent Court of Arbitration in the Hague, Netherlands detailed in its final award of 17 April 2020, in our joint notice of 24 April 2020, we have correctly declared and guaranteed that FRUS has the technical and financial ability to perform the obligations to be assumed by it under the PSC. Accordingly, in full compliance with Article 27 of the PSC, under the above letter of 24 April 2020, FRGC assigned and FRUS accepted and assumed all of the terms and conditions of the PSC.

In this regard, we would like to respectfully note that due to the delayed reaction of the Government of Georgia, we were not able to timely reflect the results of the above assignment in the records of the Public Registry. This has led to the illegal appropriation of Frontera Resources Corporation’s (Frontera) historical investment of hundreds of millions of dollars and associated assets owned through its wholly owned subsidiary - FRUS.

Thanks all.

Yes should be 3pm Houston. If I remember right she said there was either a case or jury selection (can't recall) before hand so be prepared for any potential delay. From her demeanor yesterday she is as keen to get this moving as we are.

April 29, 2021
VIA EMAIL
LEPL State Agency of Oil and Gas (SAOG)
2 Sanapiro Str.
Tbilisi 0114, Georgia
Attn: Mr. Giorgi Tatishvili, Head of the Agency
JSC Georgian Oil and Gas Corporation (GOGC) 21 Kakheti Highway
Tbilisi, 0190, Georgia
Attn: Mr. Giorgi Bakhtadze, General Director
Re: Assignment and other Urgent Pending Issues
Dear Sirs,
I hope this letter finds you well and safe amidst the continued challenges of the COVID-19 crisis worldwide.
I am writing this letter to follow up and request your immediate and urgent attention regarding all the matters that are currently pending with respect to our return to good business. These pending matters and your lack of response are delaying necessary investments that we are prepared to make for the proper restoration of oil and gas production operations for the overall benefit of the Georgian people and their economy.
Frontera Resources U.S. LLC Assignment: One of the main pending issues that needs to be immediately addressed and resolved is your improper obstruction of the assignment of 100% of its ownership interest in Frontera Eastern Georgia LLC (I/N 204905674) (FEG) and all the corresponding rights and obligations under the Production Sharing Contract and Refinery Study (the “PSC”) from Frontera Resources Georgia Corporation (FRGC) to its affiliate - Frontera Resources US LLC (FRUS).
To that end, on 24 April 2020, we have submitted a joint notice signed by FRGC and FRUS, which reconfirmed FRGC’s assignment of 100% of its ownership interest in FEG and all the corresponding rights and obligations under the PSC to FRUS. This included FRUS’s reciprocal intent to assume these rights and obligations under the PSC and become a party to the PSC and accordingly an owner of 50% ownership interest of FEG.
In line with your previous written and verbal argumentation brought before to the National Agency of Public Registry of Georgia (the “Public Registry”) and findings of the Permanent Court of Arbitration in the Hague, Netherlands detailed in its final award of 17 April 2020, in our joint notice of 24 April 2020, we have correctly declared and guaranteed that FRUS has the technical and financial ability to perform the obligations to be assumed by it under the PSC. Accordingly, in full compliance with Article 27 of the PSC, under the above letter of 24 April 2020, FRGC assigned and FRUS accepted and assumed all of the terms and conditions of the PSC.
In this regard, we would like to respectfully note that due to the delayed reaction of the Government of Georgia, we were not able to timely reflect the results of the above assignment in the records of the Public Registry. This has led to the illegal appropriation of Frontera Resources Corporation’s (Frontera) historical investment of hundreds of millions of dollars and associated assets owned through its wholly owned subsidiary - FRUS.
Steve C. Nicandros – Chairman of the Board of Directors and Chief Executive Officer

Re: Frontera Resources: Breach of the Production Sharing Contract and Refinery Study and Appropriation of Frontera’s Property
Gentlemen,
I hope you have had a good Easter holiday.
I am writing in follow up to Mr. Nicandros’ letter of April 9, 2021 to advise you that on May 4, 2021, Frontera Resources obtained a Temporary Restraining Order in the 281st Judicial District Court of Harris County, Texas, that, among other things, prohibits Frontera’s dismissed former employee, Mr. Z. Mamulaishvili and his affiliated company, Green Capital, from 1) converting Frontera’s assets in Georgia, 2) competing with Frontera in any way and 3) conducting any operations associated with Frontera’s holdings in Georgia. This is an extraordinary action by any court in the United States, and it carries with it a burden of proof that we have met. When a court issues an order of this magnitude, it does so because it recognizes the irreparable harm that would ensue if such an order were not granted and enforced. As such, Mr. Mamulaishvili, and all those associated with him, must immediately cease and desist from their unlawful actions in competition with Frontera .
With this in mind, I am following up on behalf of our client to suggest that we work together to achieve a positive outcome for Georgia and Frontera. As you may have noted from recent reports in the Georgian press, Mr. Mamulaishvili, and those associated with him, are apparently responsible for environmental issues through their illegal operationsthatareresultingindamagetoFrontera’sreputationandpotentialharmtoGeorgia. Yourkindassistanceis necessary to stop this immediately.
As Mr. Nicandros has recently highlighted, Frontera has prepared for continued significant investment in Georgia in the post-COVID-19 environment. With the backing of its US-based banking relationships, the company is eager to bring renewed employment in Georgia, increased oil and gas production from the Kakheti region as well as a positive renewal of its partnership with GOGC/SAOG.
Accordingly, we would like to meet in order to discuss a way forward at your earliest availability.

Pt.3 (final part)

In light of the above, it can be reasoned, that Frontera with its actions, once again, put itself in the
condition of Essential Violation of PWGX, which is the condition it was in from 14 November 2017 till the publication of Arbitration Award (17 April 2020) and since than until now.
This letter does not affect the obligations of Frontera stemming from or in relation to the Agreement (including the obligations, which include but is not limited to the obligation related with the abandonment, restoration of the territory and transfer of property). This letter or any part of it shall not be construed as the state's refusal to exercise its rights or as the waiver of any violation, non-
performance and/or inadequate performance of Frontera under the Agreement. Delay of the exercise of its rights and remedies by the state is also not be construed as the waiver of these rights.
Respectfully,
Members of the Coordinating Committee