Form 8-K THUNDER MOUNTAIN GOLD For: Oct 27

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):  October 27, 2016

THUNDER MOUNTAIN GOLD

(Exact Name of Registrant as Specified in its Charter)

Idaho	001-08429	91-1031075
(State or other jurisdiction of incorporation)	(Commission File  Number)	(IRS Employer Identification No.)

11770 W. President Drive, Ste. F, Boise, Idaho		83713
(Address of principal executive offices)		(Zip Code)

Registrant's telephone number, including area code: 208-658-1037

(Former Name or Former Address if Changed Since Last Report)

Check the appropriate box below if the Form 8K 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 (17CFR230.425)

[  ]

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17CFR 240.14a-12)

[  ]

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

[  ]

Pre-commencement communication pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

SEC 873  (11-14)

Potential persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number.

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Item 8.01 Other Events

On October 25, 2016, the Company filed a Motion for Partial Summary Judgement in the Fourth District Court, State of Idaho, in the matter of a previously announced Complaint, Case No. CV OC 1510506 (the “Lawsuit”), regarding Idaho State Gold Co. II (ISGC II or ISGC), LLC, an Idaho limited liability company; and, Owyhee Gold Territory, LLC (OGT), an Idaho limited liability company v. Thunder Mountain Gold, Inc. a Nevada corporation, et al.  The Complaint also named South Mountain Mines, Inc. (SMMI) and Thunder Mountain Resources, both of which are wholly-owned subsidiaries of  the Company.  

Specifically, by this Motion, the Company requested that the Court dismiss ISGC II’s claims for equity in OGT; dismissing ISGC`s claim for vesting of Units in OGT; dismissing ISGC II’s claim for other equitable relief. The Company also believes that ISGC is contractually bound by the OGT Operating Agreement, dated November 8, 2012.  Accordingly, the Company has moved for the Court to dismiss ISGC II’s equitable claims.

Item 9.01   Exhibits

(d)

Exhibits       

99.1

Defendants Motion for Partial Summary Judgment

99.2

Memorandum in Support of Defendants Motion for Partial Summary Judgment

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SIGNATURES

FORM 8-K

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.

 THUNDER MOUNTAIN GOLD, INC.

                       (Registrant)

  By: /s/ Eric T. Jones

  -------------------------------------------------

Eric T. Jones

President, Director and Chief Executive Officer

Date:  October 27, 2016

3

Exhibit 99.1

Tyler J. Anderson, ISB No. 6632

MOFFATT, THOMAS, BARRETT, ROCK  &  

        FIELDS, CHARTERED

101 S. Capitol Blvd., 10th Floor

Post Office Box 829

Boise, Idaho  83701

Telephone  (208) 345-2000

Facsimile  (208) 385-5384

[email protected]

26687.0000

 

Attorneys for Defendant/Counterclaimant   

IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA

IDAHO STATE GOLD COMPANY II, LLC, an Idaho limited liability company,                      Plaintiff/Counterdefendant, vs. SOUTH MOUNTAIN MINES, INC., an Idaho corporation,                     Defendant/Counterclaimant.	Case No. CV OC 1510506 DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT

COMES NOW the defendant South Mountain Mines, Inc., ( “Defendant”) by and through its counsel of record, Moffatt, Thomas, Barrett, Rock & Fields, Chtd., and pursuant to Idaho Rule of Civil Procedure 56 and other applicable law, hereby files its Motion for Partial Summary Judgment (“Motion”) against Plaintiff Idaho State Gold Company II, LLC (“ISGC II” or “Plaintiff”). Specifically, by this Motion, Defendant requests that the Court enter an order:

DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT – 1

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1. Dismissing Plaintiff’s claim that ISGC II maintains an interest in equity for the vesting of Units in OGT;

2. Dismissing Plaintiff’s claim that ISGC II is entitled to a Declaration of equity that it is entitled to vesting of Units in OGT; and  

3. Dismissing Plaintiff’s claim that it would be inequitable for OGT to keep contributions to OGT without payment to Plaintiff.

This motion is made and based upon the memorandum filed herewith and the record already before this Court.  

DATED this 25th day of October, 2016.

MOFFATT, THOMAS, BARRETT, ROCK &

FIELDS, CHARTERED    

By  /s/ Tyler J. Anderson                                     

Tyler J. Anderson – Of the Firm  

Attorneys for Defendant/Counterclaimant

DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT – 2

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 25th day of October, 2016, I caused a true and correct copy of the foregoing DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT to be served by the method indicated below, and addressed to the following:

Eric B. Swartz JONES & SWARTZ, PLLC 623 W. Hays St. Boise, ID  83702-5512 Facsimile  (208) 489-8988 Attorneys for Plaintiff/Counterdefendant	(  ) U.S. Mail, Postage Prepaid (  ) Hand Delivered (  ) Overnight Mail (X) Facsimile /s/ Tyler J. Anderson                             Tyler J. Anderson

DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT – 3

Exhibit 99.2

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