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: October 2, 2009
SUN RIVER ENERGY, INC.
(Exact name of registrant as specified in its charter)
Colorado 0-29670 84-1491159
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(State or other jurisdiction of (Commission File (IRS Employer Identification
incorporation) Number) Number)
7609 Ralston Road, Arvada, CO 80002
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(Address of Principal Executive Offices) (Zip Code)
(303)-422-8127
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Registrant's telephone number, including area code
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:
[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange
Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange
Act (17 CFR 240.13e-4(c))
SECTION 8 - OTHER EVENTS
ITEM 8.01 - OTHER EVENTS
Litigation
On September 24, 2009, Sun River Energy, Inc. (the Company), filed suit in the
District Court of Douglas County, Colorado against LPC Investments, LLC (LPC
Investments) and its manager, Kevin Paul, asserting various claims, including
breach of contract and common law fraud. The suit alleged, among other things
that in October 2008, LPC Investments and Mr. Paul made false and misleading
representations in requesting the removal of the restrictive legend on 150,000
shares of the Company's common stock comprising a portion of 2.2 million shares
previouly purchased by LPC Investments (the Disputed Shares). According to the
suit, in November 2008, LPC Investments exercised its option to convert the
Disputed Shares into debt, thereby creating a valid contract. However, LPC
Investments later breached the contract by refusing to deliver any of the
Disputed Shares to the Company and selling 150,000 of the Disputed Shares. The
Company asked the District Court of Douglas County to compel LPC Investments to
deliver the Disputed Shares to the Company. The Company also sought payment of
attorney fees and costs.
To avoid litigating the same dispute in two different courts, on October 1,
2009, the Company filed a motion to dismiss the matter and instead filed a
Counterclaims and Third Party Claims in the District Court of Jefferson County,
Colorado as discussed below.
On September 24, 2009, LPC Investments filed suit in the District Court of
Jefferson County, Colorado against the Company. Among other things, the suit
asks that Court to issue a declaratory judgment that the Disputed Shares are
indeed owned by LPC Investments, and to direct the Company co-operate with LPC
Investment's outstanding legend removal requests submitted to the Company's
transfer agent by LPC Investments. LPC Investments is also seeking payment of
attorney fees and costs. In that same litigation, on October 2, 2009, the
Company filed Counterclaims and Third Party Claims in the District Court of
Jefferson County, Colorado against LPC Investments and Kevin Paul. The claims
and the relief sought by the Company are substantially similar to the claims and
relief previously sought in the Douglas County litigation.
On September 28, 2009, the Company filed a Current Report on Form 8K with the
Securities and Exchange Commission (SEC), that disclosed the initial litigation
filings. Such filing can be found on the SEC's website at www.sec.gov.
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.
SUN RIVER ENERGY, INC.
By:/s/Redgie Green
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Redgie Green, CEO
Date: October 6, 2009