Pasadena Oil & Gas Wyoming LLC v. Montana Oil Properties Inc.

MEMORANDUM **

Plaintiff Pasadena Oil and Gas (“Pasadena”) appeals the district court’s rulings in favor of Defendant Montana Oil Properties (“MOP”). The district court denied Pasadena’s motion to compel discovery from MOP of information about projects MOP initiated or funded after June 24, *677 2004, and then granted summary judgment to MOP. We reverse both of these decisions and remand.

There is a genuine issue of material fact as to the scope of the parties’ contract and as to whether MOP or Pasadena breached the contract. Pasadena presents evidence that the oral contract between the parties covers the entire Bakken Play, whereas MOP presents evidence that it does not. Pasadena presents evidence that MOP breached the contract and never requested any more funds from Pasadena, whereas MOP presents evidence that it did request funds and Pasadena breached by not providing them. All of MOP’s other claims about the substance of the contract fail.

Given that it is possible that MOP breached the contract and that the contract covered the entire Bakken Play, it is also possible that financial information relevant to leases funded by MOP after June 24, 2004 is discoverable. Discovery…