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 (Date of earliest event reported): August 27, 2008
Rosetta Resources
Inc.
(Exact name of registrant as specified
in its charter)
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DE
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000-51801
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43-2083519
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(State or other jurisdiction of
incorporation)
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(Commission File
Number)
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(IRS Employer Identification
Number)
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717 Texas, Suite 2800, Houston, Texas
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77002
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(Address of principal executive
offices)
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(Zip
Code)
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713-335-4000
(Registrant's telephone number,
including area code)
Not Applicable
(Former Name or Former Address, if
changed since last report)
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:
o Written communications pursuant to Rule
425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule
14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant
to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant
to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 7.01
Regulation FD Disclosure
On September 3,
2008, Rosetta Resources Inc. (“Rosetta”) issued a press release stating that on
August 27, 2008, the Bankruptcy Court conducted a hearing on Rosetta’s Motion to
Disqualify PA Consulting Group, Inc. (“PA”) as Expert Witness for Calpine
Corporation ("Calpine"). The Bankruptcy Court denied the motion on the basis
that an amendment to PA’s contract to add a success fee at the same time PA’s
Todd Filsinger was retained as Calpine’s interim chief operating officer is not
directly and expressly tied to the hourly fee paid PA to serve as testifying
expert. The Bankruptcy Court indicated the issues raised by Rosetta
are relevant to the weight and credibility to be given this expert’s testimony
and should be re-raised through cross-examination at trial.
Additionally, on
August 27, 2008, the Bankruptcy Court issued, with the consent of the parties, a
mediation order directing Rosetta and Calpine to jointly agree upon a mediator
within 14 days, or the Court will appoint one. The Bankruptcy Court
also postponed, without substantive discussion, setting a date for Rosetta’s
filing of its previously announced motion for summary judgment attacking the
legal deficiencies in Calpine's claims, and holding the required pre-filing
conference.
On September 3,
2008, the Bankruptcy Court issued, with the consent of the parties, a joint
scheduling order for the duration of the lawsuit. Under this schedule, the fact
discovery phase of the case will conclude on December 31, 2008, and the expert
discovery phase will be completed by March 6, 2009. It is anticipated the trial
will be scheduled by the Bankruptcy Court shortly thereafter.
The press release
is attached to this current report as Exhibit 99.1 hereto. Exhibit
99.1 shall not be deemed to be “filed” for the purposes of Section 18 of the
Securities Exchange Act of 1934, as amended, and will not be incorporated by
reference into any registration statement filed under the Securities Act of
1933, as amended, unless specifically identified therein as being incorporated
therein by reference.
Item 9.01.
Financial Statements and Exhibits
(a) Financial
statements:
None
(b) Pro forma
financial information:
None
(c) Shell company
transactions:
None
(d)
Exhibits
Exhibits. The
Registrant includes a copy of the press release as Exhibit 99.1.
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.
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Dated:
September 3, 2008
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ROSETTA RESOURCES
INC.
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By:
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/s/ Michael J. Rosinski | |
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Michael J.
Rosinski
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Executive
Vice President & Chief Financial
Officer
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