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If you have problems finding any information, please. Range was unable to locate addresses for the remaining Class Members. The Aten Objectors have posited that the Court should consider alternative remedies in lieu of approving the Supplemental Settlement.

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Altomare replied to Range's counsel that same day, stating: I think we have a real problem. Although the $12 million settlement fund is not strictly attributable to the MCF/MMBTU claim alone, that amount substantially meets, and potentially exceeds, the amount of class-wide damages stemming from the MCF/MMBTU shortfall. 93, claiming that Range Resources had intentionally violated its terms by underpaying royalties through the use of various "artifices. " Mr. Rupert explained his familiarity with Range's royalty statements and the manner in which he assists his clients by reviewing and evaluating their royalty statements in order to ensure that the clients are receiving the full payment to which they are entitled under their respective mineral leases. 6 million paid to paula marburger school. Range nevertheless deducts such charges a second time (denominated in Range's Statements as "PHI-Proc Fee"). In assessing the appropriateness of the fee award in this class action, the Court cannot lose sight of the fact that this litigation concerns enforcement of a settlement that was entered into more than a decade ago. The Court finds that, while the attorneys were at all times professional in their demeanor, they also acted as zealous advocates for their respective clients. 75 hours prosecuting the class's claims and negotiating the class settlement. B)(ii) in the case of royalty attributable to Dry Shale Gas production, the pro rata royalty share of $0. Contemporaneous with that ruling, and as contemplated under the parties' agreement, Judge McLaughlin entered a separate order amending the class members' leases ("Order Amending Leases").

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C) Until recently, Range purported to have used wellhead gas from the Class wells to fuel the operation of the on-site equipment it uses to gather, dehydrate, process and compress the gas for transport by pipeline to market. 144-1, and, (b) Mr. Altomare and Ms. Whitten "had a long history of amicably dealing with innumerable incidental issues arising out of Range's implementation of the original settlement since its inception in 2011, " and "[i]n dealing with those issues Ms. Whitten has always dealt fairly with counsel in correcting and reimbursing individual class members for errors in Range's administration of the settlement. The disputed matters in this case concern complex accounting issues as applied to a highly technical aspect of oil and gas law, and further litigation of the case will likely be costly. Prospectively, the Amended Order Amending Leases will potentially benefit any class member who may come to hold an interest in a shale gas well. Westchester County Business Journal 060115. $726 million paid to paula marburger songs. G. The Fairness Hearing.

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But because the objectors' arguments for removal are intertwined with their challenges to the proposed settlement and the fee request, and because these matters will likely be definitively addressed on appeal, the Court will deny the Bigley Objectors' motion to remove counsel without prejudice to be reasserted at a later point in time, should future developments in this case warrant a revisiting of that issue. The objectors have suggested that more discovery is needed in order to properly prosecute the class claims, including depositions to test the sufficiency of Range's prior disclosures. The relevant MCF volumes will be derived from Range's revenue payment history files. Altomare attempted to demonstrate that the administrative burden described by Ms. Whitten was exaggerated and that the requested award of a percentage of future royalties could be implemented fairly easily with the assistance of IT professionals. In a brief filed on November 2, 2018, Range noted that it had already provided ESI relating to royalty payments for every class member since March 2011 and a detailed wellhead-level computation of MCF/MMBTU damages totaling $14, 319, 794. Class counsel's proposal to divert a portion of all class members5 future royalties therefore imposes a significant burden on Range, both in terms of time and No. $726 million paid to paula marburger day. Range would have to identify every DOI schedule for every well for every class owner. Continued litigation of the foregoing claims would surely involve greater expense for the class but without any guarantee of a more favorable recovery than is presently offered under the terms of the Supplemental Settlement Agreement. Accordingly, the Court will approve the Supplemental Settlement.

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For the reasons previously discussed, the Court finds that the Supplemental Settlement was the product of arms' length negotiation by experienced counsel, who enlisted the assistance of an experienced neutral mediator. He acknowledged on cross-examination that the issues he had spotted concerning FCI charges, the MCF/MMBTU differential, the complexity of Range's statements, and the deductions taken on NGLs were all issues that Mr. Altomare raised in the Motion to Enforce. Indeed, counsel for the Aten Objectors acknowledged at the fairness hearing that he was not personally aware of any original class member who did not receive notice of the Supplemental Settlement. Class Counsel's Application for Supplemental Attorney Fees. First, with respect to the shortfall resulting from Range's failure to calculate shale gas royalties on an MCF basis since 2011, Mr. Rupert estimated that class damages total $21, 699, 223. On February 1, 2019, Mr. Altomare emailed Mr. Rupert to inform him of the settlement ECF No. On cross-examination, Mr. Rupert acknowledged that he had sent Mr. Altomare, at Mr. Altomare's request, his own records of time spent working on the PPC cap issues with the understanding that Mr. Altomare would submit those time records to the Court and seek reimbursement of Mr. Rupert's time. Altomare acknowledged that his billing entries were not based upon contemporaneous time records; he explained that "the substance of each consultation with Mr. Rupert inevitably immediately triggered additional time spent and recorded for the class itself, " and "Counsel did not have the presence of mind to record the date and time of each of the consults which spawned that work. Altomare acknowledges that he failed to maintain contemporaneous records of his various consultations with Mr. Rupert, in contravention of the local rules of this Court. The eighth and ninth Girsh factors address the range of reasonableness of the settlement fund in light of the best possible recovery and all attendant litigation risks. Litigation of the current class claims began in January 2018, and the duration of additional discovery and litigation could easily last another two years, given the strong likelihood that any future judgment would engender an appeal. The Court allowed class members to file objections to proposed settlement up to ten (10) days before the hearing. 5 percent of Class No.

In order to effectuate this prospective relief, the parties agreed that the class members' leases should be amended to add an agreed-upon formula for computing the future caps on PPC. Based on this data, Ms. Whitten's staff members determine what each royalty owner's division of interest ("DOI") is relative to a particular well and what their net royalty payment will be each month, after accounting for income and deducted expenses. After a review of all relevant filings, the Court finds no merit in the Aten Objectors' jurisdictional challenge. As Range points out, the original class, as certified by Judge McLaughlin, contained "subsets" under which class members with non-shale wells, members with dry shale wells, and members with wet shale wells are all treated differently. Whereas the Original Settlement Agreement had established a formula for calculating the shale gas PPC cap utilizing MCFs (i. e., a measurement signifying one thousand cubic feet of volume), see n. 1 supra, the Order Amending Leases established a formula that, in the case of "Wet Shale Gas production" and "Dry Shale Gas production, " utilized MMBTUs (a measurement signifying one million British Thermal Units).

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