Grynberg v. L & R EXPLORATION VENTURE
2011 WY 134
| Wyo. | 2011Background
- Grynberg Petroleum sued L&R Exploration Venture for declaratory relief, breach of contract, unjust enrichment, and conversion seeking compensation for services rendered to L&R.
- The district court granted summary judgment for L&R, invoking res judicata based on privity with parties in prior Colorado/New York litigation and overlapping subject matter.
- Grynberg and L&R had a long-running joint venture for developing the Nitchie Gulch Gas Field; Grynberg provided services and was to receive a percentage of recovered amounts.
- Colorado action initially asserted accounting and payments due; New York arbitration concluded that Grynberg breached fiduciary duties and awarded L&R over $3 million, with Grynberg ordered to reimburse a portion of costs.
- New York courts affirmed the arbitration award; Colorado and New York rulings bound the Wyoming action via res judicata.
- Wyoming court held Grynberg’s Wyoming claims barred by res judicata and sanctioned the appeal as a wasteful continuation of litigation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 56.1 requirement compliance | Grynberg asserts L&R failed to provide Rule 56.1 statement. | L&R contends Rule 56.1 not applicable to 12(b)(6) and that sufficient information was provided. | Rule 56.1 must be satisfied; objection waived, but judgment affirmed on other grounds. |
| Res judicata applicability | Grynberg claims Wyoming case presents new claims as owner/assignee. | L&R contends the Wyoming claims are identical to prior NY/Colorado disputes and thus barred. | Grynberg’s claims are barred by res judicata; privity/assignment bind her to prior judgments. |
Key Cases Cited
- Kruckenberg v. Ding Masters, Inc., 180 P.3d 895 (Wyo. 2008) (failure to raise Rule 56.1 issue may be fatal to appeal)
- Conway v. Guernsey Cable TV, 713 P.2d 786 (Wyo. 1986) (waiver of objections raised after motion hearing)
- Osborn v. Kilts, 145 P.3d 1264 (Wyo. 2006) (privity concept in res judicata)
- Jones v. Central States Inv. Co., 654 P.2d 727 (Wyo. 1982) (assignee stands in shoes of assignor)
- Wyo. Med. Ctr., Inc. v. Wyo. Ins. Guar. Ass'n, 225 P.3d 1061 (Wyo. 2010) (res judicata framework and de novo review on appeal)