UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
The Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): August 24, 2015
CUBIC ENERGY, INC.
(Exact name of registrant as specified in its charter)
Texas |
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001-34144 |
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87-0352095 |
(State or other jurisdiction |
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(Commission |
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(IRS Employer |
of incorporation) |
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File Number) |
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Identification No.) |
9870 Plano Road |
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75238 |
(Address of principal executive offices) |
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(Zip Code) |
Registrants telephone number, including area code: (972) 686-0369
N/A
(Former name or former address, if changed since last report.)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 8.01 Other Events.
As previously disclosed by Cubic Energy, Inc. (the Company), a lawsuit was filed on or about June 15, 2010, against the Company and other named defendants (collectively, the Defendants) in the 1st Judicial District Court, Caddo Parish, Louisiana, Case No. 541-768-A. This lawsuit alleged that all or part of the mineral lease granted by Glorias Ranch, L.L.C. (Plaintiff) on September 17, 2004 has lapsed, and sought a finding that the mineral lease has lapsed, damages, attorney fees, and other equitable relief. A trial was held in March 2015.
On August 24, 2015, the court ruled in favor of Plaintiff, against the Defendants, solidarily, declaring that the oil, gas and mineral lease granted by Plaintiff expired and is cancelled. In addition, judgment was rendered in favor of Plaintiff against the Defendants, solidarily, awarding to Plaintiff the following amounts:
1. $22,806,000.00 for lost leasing opportunity, with legal interest thereon from March 5, 2010;
2. $242,029.26 for unpaid royalty from the Chesapeake HA RA SAO; Soaring Ridge 15-15-15 Well, with legal interest from the date of production;
3. $484,058.52 as penalty for failure to pay royalty from the Chesapeake HA RA SAO; Soaring Ridge 15-15-15 Well, with legal interest thereon from the date of the judgment;
4. $925,603.00 for Plaintiffs pre-trial attorneys fees and expert costs with legal interest thereon from the date of the judgment; and
5. $11,200.00 for attorneys fees incurred by Plaintiff during trial with legal interest thereon from the date of the judgment.
In addition, all court costs were assessed against Defendants, in solido.
The Company is assessing its alternatives with respect to the judgment including seeking relief through possible appeals based on fact and procedural issues. The Company has not made a decision regarding its alternatives.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
Date: August 28, 2015 |
CUBIC ENERGY, INC. | |
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By: |
/s/ Jon S. Ross |
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Jon S. Ross, Executive Vice President and Secretary |