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Home My WebLink AboutO 027 Image Project Order File Cover Page XHVZE This page identifies those items that were not scanned during the initial production scanning phase. They are available in the original file, may be scanned during a special rescan activity or are viewable by direct inspection of the file. OcX7 Order File Identifier Organizing (done) D Two-sided 11111111111111" III D Rescan Needed 1111111111111111111 RESCAN DIGITAL DATA OVERSIZED (Scannable) D Maps: D Color Items: 0 Greyscale Items: 0 Diskettes, No. D Other, Norrype: 0 Other Items Scannable by a Large Scanner 0 Poor Quality Originals: OVERSIZED (Non-Scannable) 0 Other: 0 Logs of various kinds: BY: Helen Maria x~ 0 Other:: Date: /O/õ2-/o'/ 151 1111111111111111111 NOTES: Project Proofing BY: Helen Maria x¿/ Date: /~.6- /p £../ 151 Scanning Preparation = TOTAL PAGES 371' (Count does not include cover sheet) Date: 151 x 30 = + BY: Helen Maria K'~ Production Scanning 1111111111111111111 Stage 1 Page Count from Scanned File: 3.s-- (Count does include cover sheet) BY: Page Count Matches Number in Scanning Preparation: Helen Maria Ý ~ ~ YES NO Date: 151 Stage 1 If NO in stage 1, page(s) discrepancies were found: YES NO BY: Helen Maria Scanning is complete at this point unless rescanning is required. ~~ F4~tJl;;ft,/ 1IIIIIIImU 11111 1111111111111111111 ReScanned BY: Helen Maria Date: 151 Comments about this file: Quality Checked III" 11111111111111 8/24/2004 Orders File Cover Page.doc Yc-c Ie I ð r IN THE DISTRICT/SUPERIOR COURT FOR THE STATE OF ALASKA A T -~ /\ O~y ell- (.. -- ) ) ) ) Plaintiff(s), ) Ys. ) S' +"'-'b- 4 Ai c... !; (~ , ) 0 r «\ G-<:-s C~!.er~(' ~W',9+. 333 vJ r '( t::: AdZ' S"'<fe 100 ) ~L~or~~ í~k <!f1ÇOI-"3~.s"f) . Defendant(s). ) ) ) D""" , " :1 'I' :',,) o. I"\c.-.. Ie. \( .'It..- RECEIVED AUG 0 3 2004 Alaska O' ~, T'¡mi::sion ^i~'+W CASE NO._$ iT).) rû'3 -(3'10 c.L J b\-f &-ft~ ~ AND NOTICE TO BOTH PARTIES OF JUDICIAL ASSIGNMENT To Defendant: r+C1--te' 1 p..lc- ck- ~ 0 (\Lr You are hereby summoned and required to file with the court a written answer to the complaint which accompanies this summons. Your answer must be filed with the court at ~t ..: V) 4~ j?de. ~Lk? ~ A rl. ~ .:sc/ within 20 (address) days* after the day you receive this summons. In addition, a copy of your answer must be sent to the plaintiffs attorney, TG d,,- O. lciCL /c.1t.~ r - whose address is: ---E. (J. t3&f"- I 'té)Oð':L-~- AIL 1'9fí9-~~3 If you fail to file your answer within the required time, a default judgment may be entered against you for the relief demanded in the compJaint. NOTICE OF JUDICIAL ASSIGNMENT To: Plaintiff and Defendant , You are hereby given notice that this case has been assigned to JUdge~O( (¿ 1,'II/lI',/~ 1" c§:.r>.LBö l';,~ ~ ~~'::.......P4 0::. ~ ,,-...., "',,/- '::. ~-i [' ~'- € )t¡ CLERK OF COURT .....~o~ . . : /-~ ~--:~. .:~u:s: ~~~51t,t~ft 9/2/04 ( By /()-- D~ ~c~ ;0.1, \...., * The State or a state officer or agency named as a defendant has 40 days to file its answer. CIV-lOO (5/02)(st.3) SUMMONS "'-ì. \ Civil Rules 4, 5, 12, 42(c), 55 Re: Hakkila v. Exxon, et al. .-... ~ Subject: Re: Hakkila v. Exxon, et aI. From: Rob Mintz <robert_mintz@law.state.ak.us> Date: Thu, 08 Jul2004 11 :59:30 -0800 To: john - norman@admin.state.ak.us ::¡,ìJ2 ;------ !!!!ill!a filed this action a number of months ago but never perfected service on the state or any state agency. He may be trying to do so now, so I will definitely want to see the documents you received. I discussed the case with Bob Crandall a while back, who I think knew something about the background. I don't think there is anything to the case. Yes, let's talk more about the case soon. »> John Norman <John_Norman@admin.state.ak.us> 7/8/2004 10:42:42 AM »> Rob, we are sending you copies of a motion and memorandum for leave to file amended complaint in the referenced case. In paragraphs 13-16 it is alleged that the AOGCC failed to protect the plaintiffs interests in the subject leases. I am not aware the plaintiff made any application to the AOGCC. I will appreciate you looking into this and then briefing me concerning these allegations. We will also need to file an appropriate response to this motion. Is Hakkila trying to amend his complaint to add the AOGCC as a party or are we already a party to this action? Thanks, John SCANNED .JUL 1 2 2004 lofl 7/8/20043:55 PM ,~ ~ , -. Pro Se ,HAND DELIVERED - Lf~~/tI¿; S: 20 ~ A TTOR EÝ GENERAL'S 'OFFICE ANCHORAGE CIVIL DIVISION Anchorage, Alaska Jack O. Hakkila P.O. Box 190083 Anchorage, AK 99519-0083 (907) 440-3729 IN THE SUPERlOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRlCT AT ANCHORAGE JACK O. HAKKlLA d/b/a ARCTIC BASIN INDUSTRlES, Defendants. ) , ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 3AN-03-13913 CI Plaintiff, VS. EXXON COMPANY USA, INC., EXXON CORPORATION, EXXON USA TRUST, EXXON USA TRUSTEE, BP EXPLORATION (ALASKA), INe., STATE OF ALASKA DIVISION OF OIL AND GAS, OIL & GAS CONSERVATION COMMISSION, MOTION & MEMORANDUM FOR LEAVE TO FILE AN AMENDED COMPLAINT Plaintiff, in pro se, moves for leave to file an amended complaint in response to the defendants' motions for a more definite statement. The amended complaint more clearly pleads the basis for the claims against the defendants. This motion is filed pursuant to CR 15, which requires that leave to amend be liberally granted where there is no prejudice to the opposing parties. , . ' SCANNED JlJL 1 2 2004 ~œD\\?lE ri\) JUl 0 8 2004 I!!J DIVISION Of QL AND GAS RE CE I\/E OHAN'l) JUL 0 8 2004 l -1 - q_.~--,-,--",". .~-- fQ,~()~M , ~ ATTORNEY (ie",' L\L . -ICE ì~laska Oil 8,; Com; Cmnm¡;~;¡ío1~NCHOí.fÚ«W: C\.\f '",~¡QN A!lÇ' ',1'3<.<,$:>:, ,,--,~ ? 1 \/ . > ~~'D ,-oJ r'""'- /--.... ~) "'l..L- r~l)~ DATED, thiS:- _~ay ofM.?:!çJx2004. -Îc 11-..( o. }f JlI¿jJ-- ck Ò. Hakkila, In pro se Certificate of Service The undersigned certifies that a copy of this motion, along with the amended complaint and proposed order, has been mailed to all counsel having entered an appearance in this matter. , ;týò 'f" ~,'.... ~J~ ¿) ~ f-fJ!(2¡;~, Signatu ¡M... 2 SCANNED ,JlJL 1 2 2004 ~ Jack O. Hakkila P.O. Box 190083 Anchorage, AK 99519-0083 (907) 440-3729 Pro Se ~ ~H.AND D ELIV'ERED 4L~/~f B:Zv: ATTOR~EV C:;JENERAl'S OFFICE ANC~10RAGE CIVil DIVISION ,'J..nç~')o';:Jge ,AI.a$ka IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE JACK O. HAKKILA d/b/a ARCTIC BASIN INDUSTRIES, Plaintiff, VS. EXXON COMPANY USA, INc., EXXON CORPORATION, Ex.XON USA TRUST, EXXON USA TRUSTEE, BP EXPLORATION (ALASKA), INC., STATE OF ALASKA DIVISION OF OIL AND GAS, OIL & GAS CONSERVATION COMMISSION, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) \ ) ) ) ) ) Case No. 3AN-03-13913 CI AMENDED COMPLAINT Plaintiff, Jack O. Hakkila, Pro Se, hereby submits the following Amended Verified Complaint alleging as follows: GENERAL ALLEGATIONS SPECIFIC TO ALL COUNTS 1. Plaintiff, Jack O. Hakkila d/b/a Arctic Basin Industries (hereinafter referred to as "Hakkila") was and is at all times material hereto a resident of the Third Judicial District at Anchorage. ~c" SCANNED .JUL 1 2 2004 ~ ~ 2. Exxon Corporation is a foreign corporation duly authorized to do business in the State of Alaska. 3. Exxon Corporation controls certain leases to oil stocks on the North Slope of Alaska and is operating certain oil fields in Alaska, including leases owned by Hakkila by virtue of Hakkila's acquisition of a sixty-five percent interest previously owned by C. Burglin. 4. The leases in which Hakkila has an ownership interest are identified as ADL 34622 and ADL 34623. 5. Hakkila obtained an interest in those leases in or about August 1997. 6. Exxon is the trustee of these leases pursuant to a settlement of a prior litigation (filed under seal with the State Court). 7. Exxon Corporation, as trustee of certain rights owned by c.Burglin pursuant to the settlement agreement is therefore the trustee of certain interests to which Hakkila is successor in' interest to C. Burglin. 8. Hakkila is therefore an interested party, beneficiary ofthe C. BurglinlExxon trust and part owner of both ADL 34622 and ADL 34623. 9. Exxon has refused to acknowledge that Hakkila has'an interest in the subject leases and in performing as trustee over the subject leases it has failed to inform Hakkila of any facts relating to the exploitation or theJailure to exploit the leases. 10. Exxon has extracted over 100 million barrels of oil from lease ADL 34622, garnering tens of millions of dollars. ¡;;ji',., ' 2 SCANNED JUL 1 2 2004 ~ ~ 11. Exxon, in partnership with BP, has deliberately and intentionally failed to exploit ADL 34623 with the intent to defraud those holding any interest in that lease and with the intent of creating abandonment and resale. 12. Neither Exxon nor BP have made an accounting to Hakkila or any other beneficiary, . third party beneficiary or successor in inter~st to the trust. 13. The State of Alaska, Oil and Gas Commission was given notice that Exxon and BP were converting assets belonging to others, and it was given notice of the intentional failure to exploit certain leases having significant oil deposits. 14. Exxon fraudulently recorded the leases by recording them with Exxon listed as 100 percent owner in the lease when it knew that it did not own 100 percent inttrtst. 15. The State of Alaska, Oil and Gas Commission was given notice that Exxon íì'audulently recorded the leases. 16, Despite the notice, the State of Alaska Oil and Gas Conservation Commission has made no effort to protect the interests of Hakkìla. 17. BP Exploration (Alaska), Inc. has had notice ofHakkìla's claims since at least 1999, but in correspondence with Hakkila, has denied that Hakkila has any interest in the subject leases because the interest was never recorded. 18. Both BP and Exxon have allowed ADL 34623 to remain fallow and unexploited, and, they did so while acting in accordance with a partnership between the two corporations. 19. Although Exxon and BP had a fiduciary obligation to do so, they have failed to protect the interests of the trust to which Hakkila holds a successor in interest ownership and beneficiary right. "'" ' 3 SCANNED Jut 1 2 2004 ~ ~ 20. Exxon's failure to record or otherwise acknowledge the trust interest held by Hakkila as successor in interest, and Exxon's continued and on-going failure or refusal to perform duties in accordance with its legal and equitable responsibilities as trustee, has continued to result in on-going monetary injury to Hakkila. 21. The State's failure to act in accordance with its affirmative duties to regulate and control and protect legal access to North Slope crude oil stocks, its opposition to an injunction preventing ADL 34623 from expiring and its opposition to a temporary restraining order filed in 3AN-99-9114 CI, which was an effort by Hakkila to preserve and assert his rights, has prejud~ced Hakkila and frustrated his assertion of rights under the trust. 22. The continuing and on-going frustration of Hakkila's ownership and beneficiary rights has resulted íì'om the competing claims to title and right in the leases, and it has prevented Hakkila from pursuing development of the field leftunexploited and fallow by BP and Exxon and has deprived Hakkila of partnership or joint venture or trust beneficiary income in excess of $50,000.00, all of which is on-going. 23, The determination of ownership and beneficiary rights is within the lawful jurisdiction of the Superior Court following a jury trial, which has been demanded in this case. COUNT I: QUIET TITLE 24. Plaintiff hereby reincorporates all previous allegations into this first cause of action and further complains and alleges: 25. There is a dispute between the parties regarding the rights and ownership interests in both ADL 34622 and ADL 34623. ~.. 4 SCANNED JUl 1 2 2004 ~ ~ 26. Exxon recorded a 100 percent ownership interest, and Hakkila contends he has an ownership interest in those leases. 27. Because there is a dispute as to title, Hakkila requests a declaratory judgment quieting titre to the leases and declaring the validity of his ownership interest. COUNT II: CONDEMNATION 28. Plaintiff hereby reincorporates all previous allegations into this second cause of action and further complains and alleges: 29. The State of Alaska, by virtue of its frustration of Hakkila's rights and failur~ to recognize, preserve, and protect Hakkila's ownership rights to the controversial leases, and through its regulations allowed ADL 34~23 to prematurely expire or be deemed "bi'.ndoned 30, The State of Alaska, while conspiring with BP and Exxon, perfected a regulatory taking ofHakkila's property rights, and Hakkila is entitled to a judgment against the State of Alaska in an an1ount equaJ to the value of the property interest. COUNT Ill: CONVERSION 31. Plaintiff hereby reincorporates aU previous allegations into this third cause of act ion and further complains and alleges: 32. By failing to properly record title to the subject leases, and by failing to acknowledge or protect Hakkila's interest as successor in interest to C. Burglin Exxon and BP fraudulently converted Hakkila's interest to their own use and benefit and caused damage to Eakkila. 33. Exxon and BP excluded Hakkila íì'om any developmental access to the leases, denied his ownership or beneficiary rights, failed to pay royalties or other income from ADL 34622, which has produced over 100 million barrels of oil for Exxon, and prevented Hakkila from exercising any ~~' 5 SCANNED JUl 1 2 2004 ~ ~ access rights or development rights to ADL 34623, which has unreasonably been left fanow and unexploited. 34. Exxon and BP engaged in the conduct complained of herein with the intent to allow the lease to expire so it could convert ownership of that lease to themselves, and in doing so, Exxon and .BP engaged in unlawful conversion of property. 35. Hakkila is entitled to damages caused by the unlawful conversion in an amount in excess of $50,000.00 with the exact amount to be proven at the time of trial. COUNT IV: BREACH OF FIDUCIARY DUTY 36. Plaintiffhereby reincorporates all previous allegations into this third cause of action and further complains and alleges: 37. Because Exxon and Sf hC'.s possession and drilhng rights on the subject leases, such to a trust relationship with those minor interest in [he leases, Exxon and BP had a tïduciary obligation tü ad in ct manner thai protected the rights of the minor ¡merests. 3/), ßy èngaging ill the conduct complained of as set out above, Exxon and BP breached their fiduciary duties. 39. Hakkila suffered economic loss and loss of property interests as a result of the breach of fiduciary duty and is entitled to damages in an amount in excess of $50,000.00 with the exact amount to be proven at the time of trial. WHEREFORE, plaintiff prays for the following relief: 1. Judgment against the defendants in an amount in excess of $50,000.00 with the exact amount to be proven at the time of trial. 2. Trial by jury on all issues not resolved by pleading or motion. ~, 6 SCANNED Jut 1. 2. 2004 ~ ~ 3. An award of attorney fees and Rule 79 costs incurred in prosecuting this matter. 4. Such other relief, whether similar or different than the relief prayed for herein and to which plaintiff might otherwise be entitled. DATED this/-1 ~ of March 2004."==---"'- J~{Q~ , Jack O. Hakkila, In pro se ' ~.." 7 SC/~Ni\!ED JUL 1 2 2004 HAND DELIVERED' ---- 4/ -:t-/OL) , , S: 20 J:i' . A ~¡EÝ GENERAL'S 'OFFICE ANCHORAGE CIVIL DIVISION Pro Se ,A,nchorage, Alaska ~OPV " R- Original Recel~HE SUPERlOR COURT FOR THE STATE OF ALASKA C' ,.lUL,O9 .2004 ' THIRD WDICIAL DISTRICT AT ANCHORAGE,. .. ~: ß4 811\ afthe Trial CourIs . ~¡ , tj It , , 'c ~,L - Jl-~ ~ ().-ð ,a,Ñ ~f: ~ ~ 1 < ~ ' ~&~ b-'~'~~P - '¡J--~ ~ J~ LOJ~ ~\:~ ~~~p;- o.-P-~,. \'J..y- 1JA '1 + ~,9~ 0" v'~ ~, ~~ ¡ C\,{' (ß- fv" 11\ ~~~~ pof~ ,,~'". i t'---. . . " Ja~kQ. Bakkila P.O. Box 190083 Ànchorage, AK 99519-0083 (~07) 440-3T29 JACK O. HAKKILA d/b/a ARCTIC BAStN INDUSTRlES, " ) , ) ) ) ) ) ) EX_XON COi,,1P ANY USA, INC., ) EK,XON CORPORATION, ) EXXON USA TRUST, EXXON ) USA TRUSTEE, BP EXPLOPATION ) (ALASKA), INc., STATE OF ALASKA ) DIVISION OF OIL AND GAS, OIL & ) G,AS' C'O' ì'¡Sl:::R\f,tJ. TYi1i'-j í'Oì\lf1\l' ¡fF',<:;;T(j-',Ì": : .. ., ~, .~.l~'-'... '--' -'~'-~U~.l _1, j Plaintiff, YS. Defendants. 0' J- ) ) ) Case No. 3AN-O3-13913 CI MOTION & MEMORANDUM FOR LEAVE TO FILE AN AMENDED COMPLAINT Plaintiff, in pro se, moves for leave to file an amended complaint in response to the defendants' motions .for a more definite statement. The amended complaint more clearly pleads the basis for the claims against the defendants. This motion is filed pursuant to CR 15, which requires that leave to amend be liberally granted where there is no prej~dice to the opposing parties. F<EC~E~\lE[)HÞ'1,I\~r} . ti, yy\/, ,",,- .. "",,, ,.;.!,,~ I ~ ....JU ~rs~fñì JUL 0 8 2004 I!:Y DIVISION Of OfL AND GAS Ii ¡¡ iì q., ( l 1 0 ~ ....' f~r9~l1M '~" u 0 ¿O~:"""';~~~~~~;~~;;"¡ f\.",~~E An". ~--... " l' ;;........\ ", , ..' ,() "--"- , ~) ,,\..L IT:, ' DATED, thiS- _c-d'à.y ofMar:çj}:jJ)O4. .. Q, ~~ o. H Jl4.lJ-- Ñck O. Hakki1a, In pro se, , Certificate of Service, The undersigned certifies that a copy of this motion, alòng with the amended complaint and pròposed order, has been mailed to all counsel having entered an appearance in this matter.' .. ;£ýc cr" Ct. ~Jl-L ¿;~ f~'-t!(¿R~ , Signaturf , d :i :~I "I :¡ .! ',' " i, ¡¡;:t",' 2 ~-.. Jack'O. Hakkila P ,0. Box 190083 Anchorage, AK 99519-0083 (907) 440-3729 Pro Se f ~J ! ,; i ~ ,H-.AND DELIVERED' , .4/ ::2-/0 t..L B'. A- , " T . 120M A TTO~NFÝ (;ENERAL'S OFFICE ANCHORAGE CIVIL DIVISIÖN l\nchonage, :AJ.a$ka ! , I I I ¡ Î I I ! ¡ I I ! , I í , ¡ I I f I I I i I , I ¡ ! ; IN THE SUPERIOR COURT FOR THE STATE OF ALASKA ' " , , THIRD JUDICIAL DISTRICT AT ANCHORAGE JACK O. HAKKILA d/b/a ARCTICBASIN INDUSTRlES, Plaintiff, YS. EXXON COMPANY USA, INC, EXXON CORPORA..TION, EX:"<:ON USA TRUST, EXXON USA TRUSTEE, BP EXPLOF_i\TION (ALASKA), INc., STATE OF ALASKA DIVISION OF OIL AND GAS, OIL & GAS CONSERVATION COMMISSION, Defendants. ) ) ) ) ) ) ) ) ) ) !:, 'J~' I, '\ ) ) \ ) ) ) ) ) Case No. 3AN-O3-13913 CI AMENDED COMPLAINT Plaintiff, Jack O. Hakkila, Pro Se, hereby submits the following Amended Verified Complaint alleging as follows: GENERAL ALLEGATIONS SPECIFIC TO ALL COUNTS 1. Plaintiff, Jack O. Hakkila d/b/a Arctic Basin Industries (hereinafter referred to as "Hakkila") was and~ is at all times material hereto a resident of the Third Judicial District at Anchorage, , ~¡L,' '. , ,; ,,' ," Ii ?-<... .. /'--. 2. Exxon Corporationis a foréign corporation duly authorized to do business in the State of Alaska. 3. Exxon Corporation controls certain leases to oil stocks on the North Slope of Alaska and is operating certain oil fields in Alåska, including leases owned by Hakkila by virtue of Hakkila's acquisition of a sixty-five percent interest previously owned by C. Burglin. 4. The leases in which Hakkilahas an ownership interest are identified as ADL 34622 and ADL 34623, 5. Hakkila obtained an interest in those leases in or about August 1997. 6, Exxon is the trustee of these leases pursuant to a settlement of a prior liti~ation (filed under seal with the State Court), , r ' 7, Exxon Corporation, as trustee of certain rights owned by C. Burglin pursuant to the ~eLLkl1l\:lll äg1eêŒêr...t i;; therefçre the trustee of certall1 interests to which Hakkila is Sllccessor in' interest to C Burglin 8, Hakkita is therefore an Ï1lte.rested party, beneficiary ofthe C. Burglin/Exxon trust and part owner of both ADL 34622 and ADL 34623. 9. Exxon has refused to acknowledge that Hakkilahas'an interest in the subject leases and in performing as trustee over the subjectleases it has failed to inform Hakkila of any facts relating to the exploitation or the.fai1ure to exploit the leases. 10, Exxon has extracted over 100 million barrels of oil from lease ADL 34622, garnering tens of millions of dollars. J~i".: 2 ,,-.... f i ~ .. . .' 11. Exxon, in partnership with BP, has deliberately and intentionally failed to exploit ADL '. 34623 with the intent to defraud those holding any interest in that lease and with the intent .C?f creating abandonment and resale. 12. Neither Exxon nor BP havc\made an accounting to Hakkila or any other beneficiary, . third party beneficiary or succe~sor in inter~st to the trust. 13. The State of Alaska, Oil and Gas Commission was given notice that Exxon andBP were .converting assets belonging to others, and it was given notice of the intentiqnal failure to exploit certain leases having significant oil deposits. 14. Exxon fraudulently recorded the leases by recording them with Exxon listed as 100 percent owner in the lease when it knew that it did not own 100 percent intt:;t'est. r 1 S. The State of Alaska, Oil and Gas Commission was given notice that Exxon fraudulently recorded the leases. ì 6. Despite the notice, the State of Alaska Oil and Gas Conservation Cornmission has made '.ìO effort t~) proLe.ct the interests of Hakk:il;:L 17. BP Exploration (Alaska), Inc. has had notice ofHakJjla's claims since at least 1999, but in correspondence with Hakkila, has denied that Hakkila has any interest in the subject leases because the interest was never recorded. 18. Both BP and Exxon have allowed ADL 34623 to remain fallow and unexploited, and, they did so while acting in accordance with a partnership between the two corporations. 19. Although Exxon and BPhad a fiduciary obligation to do so, they have failed to protect the interests of the trust to which Hakkila holds a successor in interest ownership and beneficiary right. .;:~".' 3 " (t r- 'f'-" A 10. Exxon's failure to record or otherwise acknowledge the trust interest held by Hakkila . as successor in interest, and Exxon's continued and on-going failtlre or refusal to perform duties in accordance with its legal and equitable responsibilities as trustee, has continued to result in on-going monetary injury to Hakkila. .. 21. . . The State's failure to act in accordance with its affirmative duties to regulate and control and protect legal access to North Slope crude oil stocks; its opposition to an injunction ~reventing ADL 34623 from expiring and its opposition to a temporary restraining order filed in. 3AN-99-9114 cr, which was an effort by Hakkila to preserve and assert his rights, has prejud~ced Hakkila and frustrated his assertion of rights under the trust. 22. The continuing and on-going frustration of Hakkila's ownership and beneficiary rights has resulted ÌÌ'om the competing claims to title and .right in the leases, and it has prevented Hakkila tì-om pursuing development or the field teitunexploited and fallow by BP and Exxon and has deprived Hakkila of partnership or joint venture or trust beneficia~'y income in excess or $5u,OGü.uO, aU of wlucb is on-going. 23. The determination of ownership and beneficiary rights is within the lawful jurisdiction of the Superior Court following a jury trial, which has been demanded in this case. COUNT I: QUIET TITLE 24. Plaintiffhereby reincorporates all previous allegations into this first cause of action and fUliher complains and alleges: 25. . There is a dispute þetween the parties regarding the rights and ownershjp interests in both ADL 34621. and ADL 34623. ~'.i., 4 ,--... A 26. Exxon recorded a 100 percent o\vnership interest, and Hakkila contends he has an ownership interest in those leases. 27. Because there is a dispute as to title, Hakkila requests a declaratory judgment quieting . . titre to the leases and declaring the validity of his o,,:!nership interest. COUNTII: CONDEMNATION 28. . Plaintiff hereby reincorporates all previous allegations into this second cause of action 'and further complains and alleges: 29. The State of Alaska, by virtue of its frustration of Hakkila's rights and fàilur~ to recognize, preserve, and protect Hakkila' s o\vnership rights to the controversial leases, and through its regulations allowed .'\DL 34?23 to prematmely expire or be det:.med abandoned. 30. The Stale of Al.:lska, I¡Yllile \~oilspi.rillg with BP :md. E;~xol1, perfected ar~gul3.t'Jry taking ¡_,rl-1~.J.kJ,iL,':', piOperty rights; and Hald<:ila is entitled to a judgment. against the State ofA.laska in an ::trnounJ equa! to the value-. of the property interest. COUNT IE: CONVERSION 3i. Plaintiff hereby reincorporates all previous allegations into this third cause of action and further complains and alleges: 32. By failing to properly record title to the subject leases,and by failing to acknowledge or protect Hakkila's interest as successor ìn interest to C. Burglin Exxon and BPfraudulently con verted Hakkila's interest to their own use and benefit and caused damage to Hakkila. 33." Exxon and BP excluded Hakkila ÍÌ"ol11.any developmental access to the leases, denied his ownership or beneficiary rìghts, failed to pay royalties or other income from ADL 34622, whìch has produced over 100 million barrels of oil for Exxon, and prevented Hakkila from exercising any -;f¡;f,.. ; 5 /""" " f ^. :" acœss rights or development rights to ADL 3462~, which has unreasonably been left fallow and unexploited. 34. Exxon and BP engaged in the conduct complained of herein with the intent to allow the lease to expire so it could convert owner3hip of that lease to themselves, and in doing so, Exxon and .BP engaged in unlawful coaver~ion of property. 35. Hakkila is entitled to damages caused by the unlawful conversion in an amount in excess 0[$50,000.00 with the exact amount to be proven at the time oftriaI. COUNT IV: BREACH OF FIDUCIARY DUTY 36, Plaintiffhereby reincorporates all previous allegations into this third causeofaction and further complains and alleges: j 7. Because Exxon and Bf 11<'!.5 DossessioD "D1c(drillim! ÙŒhts or'! the subJiect leases. such to , ~ ~ ' i.~ L,us; rdutiunship v-lith rhose minor interest ill [he leases, Exxon ë.nd Sf had d fidLlciiiry obligation t>.;, ü..:L in d manner that plOtel;ted the rights of the minor interest;:;. 3i).Uj cngd.ginglll tht ";l!lllÌLlCL '-:olnplained of élS Sè[ out above, Exxon and Bli breached their fiduciary duties. 3,9. Hakkila suílered economic loss and loss of prop~rty interests as a result of the breach of fiduciary duty and is entitled todal11ages in an amount in excess of $50,000.00 with the exact amount to be proven at the time of trial. WHEREFORE, plaintiffprays for the following relief: 1, Judgment against the defendants in an amount in excess of $50,000.00 with the exact amount to be proven at the time oftrial. 2. Trial by jury on all issues not resolved by pleading or motion. ,~~. 6 .- ' , ',i ,. ~ ," , A 3, An award of attorney fees and Rule 79 costs incurred in prosecuting this matter. 4, Such other relief, whether similar or ditIerent than the relief prayed for herein and to. which plaintiff might otherwise be entitled. DATED this/.'1 ~ofMarcb 2ÓO4.~ J.~~ Jack O. Hakkila, In pro se - 7 "" (;,~L.: #1 12/23/2003 10: 17 FAX 9072798644 ATTORNEV GENERAL'S OFF ~ , . r Jack o. Hakkila P.o. Box 190083 Anchorage, Alaska (907) 440-3729 Attorney Pro Se 99501 ~ AOGGG ~OO2/014 .-., IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE JACK O. HAKKILA, and ARCTIC BASIN INDUSTRIES, Plaintiffs, VB. EXXON COMPANY, USA, INC., EXXON CORPORATION EXXON USA TRUST, EXXON USA TRUSTEE, BP EXPLORATION (ALASKA) INC., STATE OF ALASKA, DIVISION of OIL AND GAS, OIL AND GAS CONSERVATION COMMISSION, Defendant. Case No. 30-03- \:,~ \ 3:> cmL } ) ) ) } ) ) ) ) } } } ) ) ) } ) VERIFIED COMPLAINT COMES NOW Plaintiff Jack O. Hakkila, Attorney Pro~, and hereby files this verified complaint for legal and equitable relief. GDBML ALLBGATXOBS 1. At all times pertinent to this complaint, Plaintiff 1 SCANNED JUL 0 8 2004 12/23/2003 10:17 FAX 9072798644 ATTORNEV GENERAL'S OFF ~ AOGGG ~003/014 ------- - Jack O. Hakkila was a resident of the State of Alaska. 2. Plaintiff Arctic Basin Industries is a duly organized Alaskan company located in Anchorage, Alaska. 3. Plaintiff Hakkila acquired an interest in certain rights owned by C. Burglin as beneficiary to ownership rights in ADL lease 34622 and ADL lease 34623 held in trust by Exxon Corporation as trustee. 4. Exxon Corporation is a foreign corporation duly authorized by the State of Alaska, controlling certain leases to oil stocks on the North Slope of Alaska and operating certain oil fields in Alaska, including leases owned by Hakkila by virtue of Hakkila's acquisition of a sixty-five percent interest previously owned by C. Burglin in leases ADL 34622 and ADL 34623. 5. On information and belief, BP Exploration (Alaska) Inc., is a duly organized Alaska corporation, and is a partner with Exxon Corporation is lease ADL 34623, to which Plaintiffs hold rights as successors in interest to C. Burglin, said lease has not been exploited. 2 fi 8 ~GQ4 -'.(~f\NNED JUl v ~,r'\ 12/23/2003 10:17 FAX 9072798644 \ . ' ATTORNEV GENERAL'S OFF ~ AOaGG ~OO4/014 ,--. 6. Exxon Corporation is the trustee of certain interests held in trust for Buglin pursuant to a settlement of prior litigation (which has been filed under seal) over the ownership rights in this case, to which Hakkìla has been assigned a sixty-five percent interest and from which Hakkila has assigned Arctic Basin Industries and other parties a partial interest. 7. Exxon Corporation, as trustee of certain rights owned by Burglin pursuant to the settlement agreement is therefore the trustee of certain interests to which Hakkila and Arctic Basin are successors in interest to Burglin. 8. Plaintiffs therefore are interested parties, beneficiaries of the Burglin/Exxon trust and part owners of both ADL 34622 and ADL 34623. 9. Exxon corporation has refused to acknowledge Burglin's or Burglin's successors in interest ownership interest or beneficiary interest, have performed no duties as a trustee to inform Burglin or Burglin's successors in interest of any facts relating to the exploitation or failure to exploit 3 SCANNED JUL 0 8 2004 12/23/2003 10: 17 FAX 9072798644 10. 11. ATTORNEV GENERAL'S OFF ~ AOGGG ~ 005/014 r--- ----, the leases, has extracted over 100 million barrels of oil from lease ADLi 34622, garnering tens of millions of dollars, has failed to exploit ADL lease 34623 (in partnership with defendant BP), thus prejudicing Plaintiffs and creating risk of abandonment and resale, and has made no accounting to Burglin, Hakkila, Arctic Basin Industries or any other beneficiary, third party beneficiary or successor in interest to the trust. Despite notice of the conversion of assets in this case, the State of Alaska Oil and Gas Conservation Commission has made no effort to protect the interests of the plaintiff, has ignored notice of Exxon's fraudulent recordation and conversion of the leases, and has p~eviously opposed both reinstatement of the case previously filed in this case as well as a temporary restraining order requested by Hakkila in 3AN-99-9114 Civil. The defendant BP Alaska (Exploration) Inc., has had notice of the Plaintiff Jack Hakkila's claims since at least 1999 but, in correspondence with Plaintiff Hakkila, has denied that Hakkila has any interest 4 SCANNED JUL 0 8 200.i 12/23/2003 10:18 FAX 9072798644 12. 12. 13. ATTORNEV GENERAL'S OFF ~ ADaGe ~006/014 /"""' ~ because the interest is unrecorded. Both BP (Alaska) Exploration Inc., and Exxon Corporation have allowed ADL lease 34623 to remain fallow and unexploited, and, acting in accordance with a partnership between the two corporations, Exxon and BP failed to protect the interests of the trust owned by Burglin to which the Plaintiffs hold a successor in interest ownership and beneficiary right and to which the defendants BP and Exxon owe fiduciary duties to the plaintiffs as owners and successors in interest to Burglin's trustor rights, as partners, and, in the case of Exxon, as trustee and de facto partner with Burglin and the successors in interest to Burglin's beneficiary rights. Exxon's failure to record or otherwise acknowledge the trust interest held by Burglin, to which the Plaintiffs are successors in interest, and Exxon's continued and on-going failure or refusal to perform duties in accordance with its legal and equitable responsibilities as trustee, has continued to result in on-going injury to the plaintiffs. The state's failure to act in accordance with its 5 SCANNED JUt û 8 2004 12/23/2003 10:18 FAX 9072798644 14. 15. ATTORNEV GENERAL'S OFF ~ ADaGG ~O07/014 /""'- ~ affirmative duties to regulate and control and protect legal access to North Slope crude oil stocks, its opposition to an injunction preventing ADL 34623 (the fallow and unreasonably unexploited lease) from expiring and its opposition to a temporary restraining order filed in 3AN-99-9114 Civil, which was an effort by Plaintiffs to preserve and assert their rights, has prejudiced the Plaintiffs and frustrated their assertion of rights under the trust. The continuing and"on-going frustration of the Plaintiffs' ownership and beneficiary rights has resulted from the competing claims to title and right in the leases, has prevented the Plaintiffs from pursuing development of the field left unexploited and fallow by BP and Exxon and has deprived the Plaintiffs of partnership or joint venture or trust beneficiary income in excess of 50, 000, all of which is on-going. The determination of ownership and beneficiary rights is within the lawful jurisdiction of the Superior Court following a jury trial, which is demanded in this case. 6 SCANNED JUt Ü B 2004 12/23/2003 10:18 FAX 9072798644 16. 17. 18. ATTORNEV GENERAL'S OFF ~ AOGGG ~OO8/014 /"""'-.., ~ COtnft' 1: : QU.1B'l' TX'l'LE Plaintiffs reallege and incorporate herein the allegations contained in the general allegations. The defendants' on-going failure to acknowledge, protect and enforce the Plaintiffs' ownership rights in the controversial leases and, among other things, conversion of the assets, has caused the Plaintiffs damages in excess of $50,000 exact amount to be proven at trial. COUNT XI : CONDEMItA'rXOR Realleging all of the general allegations and the allegations contained in Count I, it is further alleged for cause of action against the defendant State of Alaska, that, by virtue of its frustration of the Plaintiffs' rights and failure to recognize, preserve and protect the Plaintiffs' ownership rights to the controversial leases, and by its regulatory takings, accomplished through a combination of allowing Exxon and BP to convert and frustrate the Plaintiffs' ownership and rights to access and develop ADL Lease 34623, thus allowing the lease to 7 SCANNED JUL 0 8 2004 12/23/2003 10:18 FAX 9072798644 ATTORNEV GENERAL'S OFF ~ AOGGG ~ 009/014 -, ~ prematurely expire or be deemed abandoned because of to BP and Exxon's failure to exploit the lease in contravention of the Plaintiffs' rights as successors in interest to the rights held by Exxon in trust for 8urglin, has caused the Plaintiffs damages in excess of $50,000, exact amount to be proven at trial. comr.r III : CONßRSJ:ON 19. Realleging all of the general allegations and the allegations contained in Count I and II, it is further alleged that, by failing to record, acknowledge or protect the Plaintiffs' interests as successors in interest to Burglin's interest held in trust by Exxon~ and by excluding Plaintiffs from any developmental access to the leases, ownership or beneficiary rights, royalties or other income from ADL lease 34622, which has produced over 100 million barrels of oil for Exxon, and by further preventing Plaintiffs from exercising any access rights or development rights to ADL lease 34623, which has unreasonably been left fallow and unexploited, defendant Exxon and SP have caused the Plaintiffs damages in excess of $50,000, exact amount to be 8 ~CANNED JUL (I 8 2004 12/23/2003 10:18 FAX 9072798644 ATTORNEV GENERAL'S OFF ~ AOGGG ~010/014 r-- ---. proven at trial. COOJ!1'.r IV: :B1U!ACB OJ!' nDUCIARY D1J'J.'Y 20. Realleging all of the general allegations and the allegations contained in Count I through Count III, it is further alleged that, by failing to record, acknowledge or protect the Plaintiffs' interests as successors in interest to Burglin's interest held in trust by Exxon, and by excluding Plaintiffs from any ownership or beneficiary rights, royalties or other income from ADL lease 34622, which has produced over 100 million barrels of oil for Exxon, and by further preventing Plaintiffs from exercising any access rights or development rights to ADL lease 34623, which has unreasonably been left fallow and unexploited, the defendants have breached their fiduciary duties either as a de facto partner, or in the case of Exxon, as both trustee and Q& facto partner with Plaintiffs as successors in interest to C. Burglin, all of which has caused the Plaintiffs damages in excess of $50,000, exact amount to be proven at trial. c:omrr v; COJlS'l'RUC!'IVB I"RAQD 9 ~ANNeD JUL 0 £) 2004 12/23/2003 10:18 FAX 9072798644 ATTORNEV GENERAL'S OFF + AOaCC 141011/014 ~ .~-..., 21. Realleging all of the general allegations and the allegations contained in Count I through Count IV, it is further alleged that, by failing to record, acknowledge or protect the Plaintiffs' interests as successors in interest to Burglin's interest held in trust by Exxon, and by excluding Plaintiffs fram any ownership or beneficiary rights, royalties or other income from ADL lease 34622, which has produced over 100 million barrels of oil for Bxxon, and by further preventing Plaintiffs from exercising any access rights or development rights to ADL lease 34623, which has unreasonably been left fallow and unexploited, the defendants Exxon and BP have breached their fiduciary duties and accomplished constructive fraud, either as a gg facto partner, in the case of BP, or in the case of E~xon, as both trustee and ~ facto partner with Plaintiffs as successors in interest to C. Burglin, and, in the case of the State of Alaska Oil and Gas Conservation Commission, because of breach of the state's affirmative duty to owed to the Plaintiffs protect, regulate, facilitate and control access to and 10 SCANNED JUt 0 8 2004 12/23/2003 10:18 FAX 9072798644 " 22. ATTORNEV GENERAL'S OFF 141 0121014 + Aoacc ~ -- . , exploitation of public lands and public natural resources, the defendants have accomplished constructive fraud, all of which has caused the Plaintiffs damages in excess of $50,000, exact amount to be proven at trial. COtJR'l' VI: FRA1JD Realleging all of the general allegations and the allegations contained in Count I through Count V, it is further alleged that, by intentionally, knowingly or recklessly failing to record, acknowledge or protect the Plaintiffs' interests as successors in interest to Burglin's interest held in trust by Exxon, and by excluding Plaintiffs from any ownership or beneficiary rights, royalties or other income from ADL lease 34622, which has produced over 100 million barrels of oil for Exxon, and by further preventing Plaintiffs from exercising any access rights or development rights to ADL lease 34623, which has unreasonably been left fallow and unexploited, the defendants have breached their fiduciary duties and accomplished actual fraud, either as a ~ facto partner, in the case of BP, or in the case of Exxon, 11 SCANNED JUl 0 is 2004 12/23/2003 10:18 FAX 9072798644 ATTORNEV GENERAL'S OFF + AOGCC 141 013/014 /""' - ~ as both trustee and de facto partner with Plaintiffs as successors in interest to C. Burglin, and, in the case of the State of Alaska Oil and Gas Conservation Commission, the state's breach of its affirmative duty to protect, regulate, facilitate and control access to and exploitation of public lands and public natural resources, the state's opposition to plaintiffs' prior attempts to assert their rights and preserve their rights in the controversial leases, and, the defendants have, among other things, demonstrated gross indifference to the plaintiffs' economic rights, and have accomplished fraud, all of which has caused the Plaintiffs damages in excess of $50,000, exact amount to be proven at trial. WHEREFORE PLAINTIFFS PRAY for damages in excess of $50,000.00, as found by a Jury plus costs, interests and attorney fees. PLAINTIFFS PRAY FURTHER for punitive damages on all Counts. PLAINTIFFS PRAY FURTHER for an order quieting title and declaratory judgment following a jury trial determining the ownership interest held by 12 5CANNED JUl 0 8 20D'} 12/23/2003 10:18 FAX 9072798644 ~ ATTORNEV GENERAL'S OFF + AOGCC 141 014/014 .--..., , - Plaintiffs. PLAINTIFFS PRAY FURTHER for any other legal or equitable relief necessary under the circumstances of this case, including, but not limited to an accounting, injunction preventing the conveyance of the assets at controversy and any other writ, order or decree necessary to preserve the Plaintiffs' rights during the pendency of this case. Dated this day of December 2003. By: ~ca.-~ o. \-l....J.1Ll- Jack O. Hakkila Attorney Pro Se VJm:I:FXCA.'l'J:ON I hereby verify, under penalty of perjury, that the above complaint is true and correct to the best of my knowledge. DATED this 15~ of December 2003. ~~o- \ <=Í o..J..)J- Jack O. Bakkila 13 SCANNED JUl {} 8 2004-