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Finally, the Bigley Objectors asserted that, if the Court does not disapprove of the Supplemental Settlement, then they should be permitted to opt out of it. Any such award of costs and fees paid by Range shall be credited against and deducted from the Gross Settlement Amount in accordance with Paragraph 2(a). The Court finds that the attorneys advocating for approval of the Supplemental Settlement are experienced in the field of oil and gas law. The posture of this case is unusual in that the present phase of these proceedings is an extension of prior litigation involving parties who have had an ongoing relationship and continuing dialogue about various disputed issues. To that end, the parties agreed to seek a court order that would effectuate the agreed-upon amendments by formally incorporating them into the class members' leases. If a class member is party to a lease that Range transferred to another operator at some point prior to January 2019, the revised Order Amending Leases (and the future benefits therefrom) would not apply to such lease. $726 million paid to paula marburger dodge. The remainder of Class Counsel's efforts were spent investigating claims that Mr. Altomare ultimately found to be meritless, unactionable, or otherwise not worth pursuing when weighed against the prospect of a substantial settlement.
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Having been presented with no persuasive authority in support of the Aten Objectors' request, the Court declines to certify a new settlement class. Class Counsel's redacted exemplar of the raw data shows that the information amounted to some 2, 873 printed pages. 6 million paid to paula marburger murder. The notice states that, apart from his request for 20 percent of the $12 million fund, "Class Counsel will additionally request a fee relating to the future benefits to the class. Altomare suggests that the Court apply a multiplier of 3. Altomare was appointed by Judge McLaughlin to represent the class based on his experience and expertise in oil and gas law.

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In relevant part, Section 3. And even if the motion were considered to be timely, Range has colorably argued that any retrospective relief would be unfair, since Range fully complied with the terms of the Court's Order for seven years. Ehrheart v. 3d 590, 593 (3d Cir. Pro rata payments will be computed based on the total MCF volume of each class member's gas, dating from the March 2011 production period through the production period in which the Supplemental Settlement Agreement is approved by the Court. 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). Under the Supplemental Settlement, Range agrees to utilize the MCF measurement moving forward and will also pay $12 million toward past royalty shortfalls. After a review of all relevant filings, the Court finds no merit in the Aten Objectors' jurisdictional challenge. Ultimately, Range produced three CDs of electronic data reflecting its computation of royalty payments for every class member, for every month from March 2011, when the Original Settlement Agreement was approved, through 2018. In re Nat'l Football League Players Concussion Injury Litig., 821 F. 6 million paid to paula marburger williston. 3d 410, 435 (3d Cir. The Court also credits Mr. Rupert's testimony that he consulted with Mr. Altomare on only 7 out of his 39 class member clients that are represented in Mr. Altomare's billing records; thus, Mr. Altomare inaccurately constructed billing time for consultations that never occurred relative to 32 of Mr. at 106-107.

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As discussed at greater length herein, this consideration strongly informs the Court's determination of a proper fee award and is a major factor justifying the Court's refusal to grant Class Counsel his requested fee. Based upon the foregoing facts, the Court finds by a preponderance of evidence that discovery was sufficient for Class Counsel to assess the value of the class's claims and negotiate a settlement that provides fair compensation, notwithstanding the lack of depositions or more extensive document requests and interrogatories. Correspondingly the disclosure in the Class Notice upon which settlement was approved [Doc 71-1, Ex C] calls for the same. 5 percent of Class No. The lodestar approach entails multiplying the number of hours that the lawyer reasonably spent working on the client's case by a reasonable hourly billing rate for such services in light of the relevant geographical area, the nature of the services provided, and the experience of the lawyer. This, of course, will result in significant expense. Thus, the total estimated value of Mr. Altomare's initial attorney fee award in 2011 was $4, 650, 382. at 12-13. Range nevertheless deducts such charges a second time (denominated in Range's Statements as "PHI-Proc Fee"). If the Supplemental Settlement is rejected, Range will, of course, reassert the defenses it previously raised in relation to the Motion to Enforce the Original Settlement Agreement and the class's Rule 60(a) Motion.

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To that end, Range responded on December 7, 2018 with a "step-by-step methodology" explaining how it had calculated the $10, 127, 266 damages estimate based entirely on information taken from the previously disclosed ESI database. See Girsh, 521 F. 2d at 157. In short, any risk of nonpayment related to the MCF/MMBTU issue was largely exacerbated by Class Counsel himself. In addition, further litigation would entail substantial risks to the class in terms of establishing liability. Share the publication. Those proceedings resulted in the $12 million common fund for the class and an agreement to prospectively amend the original Order Amending Leases to correct the prior MCF/MMBTU discrepancy.

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In re Rite Aid Corp. 3d at 300 (internal quotation marks and citation omitted). 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. This is true from a substantive standpoint. First Class Mail, to the addresses Range had in its records for all 11, 882 Class Members. With respect to the class's claim based on "TAI-Transport" deductions, Range argued that the class had misinterpreted a charge on Range's statements as a cost deducted from the NGL royalty when, in fact, it was an unaffiliated third-party charge related to the transportation of natural gas that was being properly deducted; Mr. Altomare came to view Range's defense on this issue as meritorious.

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Thus, as Range persuasively argues, no future or ongoing payments to Class Counsel are contemplated under the terms of the agreement. Class members are to be paid within ninety (90) days after the "Final Disposition Date. Negotiations Occurred at Arms' Length. Thus, the objectors posit, the Supplemental Settlement will always be open to challenge by those who did not receive notice, and there will be "no certainty or benefits to Class members, " because "payments under the Supplemental Settlement are contingent upon the expiry of an appeal period - which will never close. Rupert stated that he reached out to Mr. Altomare regarding these issues in August 2017 and continued thereafter to periodically advise Mr. Altomare concerning the expenses that he believed Range was improperly deducting from class royalties. Range was unable to locate addresses for the remaining Class Members. As the Court has observed, the litigation concerns complex issues related to the calculation of royalties under oil and gas leases. Through Ms. Whitten's testimony, Mr. Altomare sought to establish the feasibility of Range Resources assigning him a. As noted, Class Counsel initially sought the appointment of an auditor in his Motion to Enforce the Original Settlement Agreement.

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4 million, plus twenty percent (20%) of the increased royalties that will result from the prospective use of an MCF multiplier in calculating the PPC cap for shale gas over the next ten years. 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. Insofar as the objectors would seek to litigate the other claims in the Motion to Enforce, there is a substantial risk that the costs of litigation may outweigh any potential recovery. Industrial Development Authority. A certain amount of imprecision is therefore permitted. Court of Appeals for the Third Circuit either affirms the undersigned's order approving the Supplemental Settlement or dismisses all appeals therefrom. 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. However, the Court also found that Mr. Rupert's damage estimates -- which were extrapolated from a single client's royalty statement -- were too speculative to be accepted as relevant fact or opinion evidence. The relief that Mr. Altomare has obtained for the class achieves no more than placing class members in approximately the position they should have enjoyed by virtue of the original settlement terms. 03 per 84, ¶¶-2 (emphasis added).

The parties have not focused their attention on this issue but, to the extent that Mr. Rupert has identified discrete instances where he perceived that certain clients had been overcharged based upon a review of their statements, there is some danger that prosecution of these alleged breaches would devolve into a series of mini-trials that contravene the requirements of Rule 23(b)(3). Meanwhile, Mr. Altomare undertook a revision of his own damages calculation in light of the information he had received from Range. Litig., 396 F. 3d 294, 301 (3d Cir. Search and overview. Stated differently, the Aten Objectors contend that the Supplement Settlement is unsupported by consideration. When Range moved the Court to order mediation, Mr. Altomare successfully opposed Range's motion and obtained additional discovery concerning Range's accounting methodology and computations so that he could intelligently cross-check Range's damages estimate against his own calculations. He is the same attorney who negotiated the Original Settlement Agreement, which was approved by Judge McLaughlin. Among the clients whom Mr. Rupert advises is Linda Shaw, a Bigley Objector who appeared at the fairness hearing and offered into evidence several of her family's royalty statements. When called upon to make such a decision, the court must "independently and objectively analyze the evidence and circumstances before it in order to determine whether the settlement is in the best interest of those whose claims will be extinguished. "

2019) (citing In re Cendant Corp. We consider them in turn. 160-1 at 2, Two of these objectors - Wagers Apple Crest Orchards, LLC and Jill Craig - are lessors under leases that were granted in 2013, and are not subject to the Original Settlement Agreement. 25 hours of time from the point of the original settlement through January 31, 2018. at 3, ¶12; see also Id. Range opposed this request for additional information, arguing that it went beyond the bounds of allowable discovery as defined by Judge Bissoon's July 26, 2018 Memorandum and Order and essentially constituted a fishing expedition involving issues not raised in the Motion to Enforce. Tax Sale Information. 2(C) of the Settlement Agreement, supra, the Class royalty on the sale of natural gas liquids ("NGLs")[, ] which are stripped and sold separately from the gas, is to be calculated by deducting the stripping facility's charges for processing from the gross proceeds of such sales. 00 annually over the next five years, Mr. Altomare estimates that the class would reap an aggregate increase in royalties of approximately $13, 311, 352. The Court next considers the adequacy of the relief to the class in light of the proposed award of attorney's fees and the timing of payment. This line of argument is not persuasive in that Mr. Altomare's work hours culminating in the 2011 settlement were already factored into his 2011 fee award. In response, Mr. Altomare states that he did not misappropriate Mr. Rupert's billing entries but, rather, used them as a source to reconstruct his own time records in support of his fee application. For the reasons discussed herein, the Court has found it appropriate to greatly reduce Mr. Altomare's fee award commensurate with the overall benefit achieved for the class and the unique circumstances of this case. As is set forth in the fee application, however, Class Counsel has requested an award of twenty percent (20%) of the common fund, or $2. Pennsylvania State Website.

Approximately 100 of the Class Members. The Court is satisfied that it does. Citing Rite Aid, 396 F. 3d at 306). In relevant part, the Court heard testimony from Mr. Rupert as well as testimony from Ruth Whitten, Range Resources' Director of Land Administration. 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. D. Equitable Treatment of Class Members. Only a Small Percentage of Class Members Have Lodged Objections.

As further proof that he was not simply stealing Mr. Rupert's personal time entries, Mr. Altomare noted that his "Expert Consultation" entries totaled. In accordance with Rule 23(e)(5), class members were given an opportunity to file objections.

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