Goldgroup Mining Inc. (“Goldgroup” or the “Company”) (TSX:GGA,
OTC:GGAZF, BMV SIX:GGAN.MX) is very pleased to announce a final
judgment in the United States District Court for the District of
Colorado (the “Court”) confirming Goldgroup’s previously announced
favorable award in the arbitration against DynaUSA, Inc.
(“DynaUSA”) in the news release dated August 31, 2016. The order
accompanying the final judgment, dated May 9, 2019, rejected every
argument DynaUSA raised since the favorable result Goldgroup
reached in the 2016 arbitration.
Following the arbitration, DynaUSA filed
thousands of pages of briefing and exhibits in an attempt to
convince the Court to vacate the arbitration award. The May
9th order denied DynaUSA’s motion to vacate the award and rejected
the recommendation of a United States Magistrate Judge, who had
agreed with DynaUSA that the arbitration award should be thrown
out.
In granting Goldgroup’s application to confirm
the arbitration award, the Court set forth a detailed history of
the matter, including DynaUSA’s practice of filing similar actions
in different forums to reach an outcome it deemed favorable.
The Court pointed out a jurisdictional ruling from a Denver federal
court that was unfavorable to DynaUSA and a later jurisdictional
ruling from a Mexico City court that benefitted DynaUSA.
Because DynaUSA had initiated both of those actions, the Court
found DynaUSA’s conduct and arguments, in seeking the same
determination from two different courts, to be
“disingenuous.” The conflicting rulings DynaUSA received in
those actions were, according to the Court, “of its own
making.”
The Court’s order confirms all of the relief
outlined in the August 2016 arbitration award, including DynaUSA
having to: pay Goldgroup USD$403,913.92 in costs and attorney fees;
pay Goldgroup USD$85,613.00 in separate fees and expenses; and pay
DynaResource de Mexico, S.A. de C.V. (“DynaMexico”)—an entity in
which Goldgroup owns a 50% equity interest—USD$1,044,952.46 for
various legal and other expenses that DynaUSA improperly caused
DynaMexico to incur.
In addition, the jurisdictional ruling from a
Mexico City court that benefitted DynaUSA was challenged in Mexico
by Goldgroup and is still pending resolution.
Keith Piggott commented: “We are extremely
pleased that the arbitration award has finally been confirmed. We
have waited a long time, however, now have a clear definition and
legal direction confirmed by the court to pursue the recovery of
Goldgroup’s interest in DynaResource de Mexico, S.A. de C.V.”
Further legal proceedings might occur in the
U.S. or Mexico. As of the date of this release, however,
Goldgroup has a final judgment and detailed order confirming the
expansive relief set forth in the arbitration award.
About Goldgroup
Goldgroup is a Canadian-based gold production,
development, and exploration Company with a significant upside in a
portfolio of projects in Mexico and Ecuador, including a 50%
interest in DynaResource de Mexico, S.A. de C.V., which owns 100%
of the high-grade gold exploration project, San José de Gracia
located in the State of Sinaloa. The Company operates its
100%-owned Cerro Prieto heap-leach gold mine, in the State of
Sonora, Mexico, and is continuing the environmental assessment and
permitting processes to advance to production the El Mozo property
in Ecuador.
Goldgroup is led by a team of highly successful
and seasoned individuals with extensive expertise in mine
development, corporate finance, and exploration in Mexico and
Ecuador. Goldgroup's mission is to increase gold production,
mineral resources, profitability and cash flow, with a view to
building a leading gold producer.
For further information on Goldgroup, please
visit www.goldgroupmining.com
On behalf of the Board of
Directors,
Mr. Keith Piggott, Chairman and
PresidentTel: 1-520-247-5753
Investor Relations Toll
Free: 1-877-655-ozAu (6928)
CAUTIONARY NOTE REGARDING FORWARD-LOOKING
INFORMATION
Certain information contained in this news
release, including any information relating to future financial or
operating performance, may be considered "forward-looking
information" (within the meaning of applicable Canadian securities
law) and "forward-looking statements" (within the meaning of the
United States Private Securities Litigation Reform Act of 1995).
These statements relate to analyses and other information that are
based on forecasts of future results, estimates of amounts not yet
determinable and assumptions of management. Actual results could
differ materially from the conclusions, forecasts and projections
contained in such forward-looking information. These
forward-looking statements reflect Goldgroup's current internal
projections, expectations or beliefs and are based on information
currently available to Goldgroup. In some cases forward-looking
information can be identified by terminology such as "may", "will",
"should", "expect", "intend", "plan", "anticipate", "believe",
"estimate", "projects", "potential", "scheduled", "forecast",
"budget" or the negative of those terms or other comparable
terminology. Certain assumptions have been made regarding the
Company's plans at the Cerro Prieto project. Many of these
assumptions are based on factors and events that are not within the
control of Goldgroup and there is no assurance they will prove to
be correct. Forward-looking information is subject to a variety of
known and unknown risks, uncertainties and other factors that could
cause actual events or results to materially differ from those
reflected in the forward-looking information, and are developed
based on assumptions about such risks, uncertainties and other
factors including, without limitation: uncertainties related to
actual capital costs, operating costs and expenditures, production
schedules and economic returns from Goldgroup's projects;
uncertainties associated with development activities; uncertainties
inherent in the estimation of mineral resources and precious metal
recoveries; uncertainties related to current global economic
conditions; fluctuations in precious and base metal prices;
uncertainties related to the availability of future financing;
potential difficulties with joint venture partners; risks that
Goldgroup's title to its property could be challenged; political
and country risk; risks associated with Goldgroup being subject to
government regulation; risks associated with surface rights;
environmental risks; Goldgroup's need to attract and retain
qualified personnel; risks associated with potential conflicts of
interest; Goldgroup's lack of experience in overseeing the
construction of a mining project; risks related to the integration
of businesses and assets acquired by Goldgroup; uncertainties
related to the competitiveness of the mining industry; risk
associated with theft; risk of water shortages and risks associated
with competition for water; uninsured risks and inadequate
insurance coverage; risks associated with potential legal
proceedings; risks associated with community relations; outside
contractor risks; risks related to archaeological sites; foreign
currency risks; risks associated with security and human rights;
and risks related to the need for reclamation activities on
Goldgroup's properties, as well as the risk factors disclosed in
Goldgroup's Annual Information Form and MD&A. Any and all of
the forward-looking information contained in this news release is
qualified by these cautionary statements. Although Goldgroup
believes that the forward-looking information contained in this
news release is based on reasonable assumptions, readers cannot be
assured that actual results will be consistent with such
statements. Accordingly, readers are cautioned against placing
undue reliance on forward-looking information. Goldgroup expressly
disclaims any intention or obligation to update or revise any
forward-looking information, whether as a result of new
information, events or otherwise, except as may be required by, and
in accordance with, applicable securities laws.
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