Second, they suggested that Mr. Altomare may have submitted fraudulent time entries in connection with his fee application. 6 million paid to paula marburger iii. Class Counsel's redacted exemplar of the raw data shows that the information amounted to some 2, 873 printed pages. Objections have been lodged that Mr. Altomare did not sufficiently evaluate all of the claims in the Motion to Enforce, that he conducted only document discovery without the benefit of any depositions, and that he merely accepted Range's own estimation of the potential damages. To the extent that class counsel and Range Resources are treating those who succeeded in interests of class members as part of the class, that's where I draw a distinction. " The present phase of this class-action litigation concerns a dispute about the enforcement of a prior settlement agreement between the Plaintiff Class and the Defendant, Range Resources-Appalachia, LLC (hereafter, "Range" or "Range Resources").
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To redress these alleged breaches, Plaintiffs sought a preliminary order allowing Class Counsel to retain the services of an auditor and to conduct discovery relative to Range's unpaid monetary liability. Small Games of Chance License. Vi) Issuing complex and confusing royalty statements. Social Media Managers. As noted, Class Counsel initially sought the appointment of an auditor in his Motion to Enforce the Original Settlement Agreement. Rule 23(e)(2)(D) requires that the Court consider whether the proposed Supplemental Settlement treats class members equitably relative to each other. As a result, every new royalty interest holder who became a successor to an original class member accepted those contractual rights subject to the terms of the Settlement and with notice that they would be considered members of the original settlement class. Court Administration. Defendants had already stopped the practice and credited the class members for the overcharges. 171 at 10, n. In an attempt to retroactively reconstruct those time entries, Mr. Altomare claims that he used Mr. Rupert's time entries as a reference point for presumed consultation dates, billing 30 minutes for each presumptive consultation with Mr. As proof that he did not simply appropriate Mr. Rupert's entries, Mr. Altomare notes that his own records reflect an average of 3 consulting hours per month, whereas Mr. Rupert billed an average of 15 hours per month for the same clients. $726 million paid to paula marburger street. And even if a full analysis and computation of additional class-wide damages could be conducted solely on the basis of the electronic data that Mr. Altomare has already obtained, this would still be an expensive and time-consuming undertaking, given the size of the class and the number of payment months at issue. 2(B)(1)(a) of the Settlement Agreement. 00, calculated as follows: See ECF No.
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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. $726 million paid to paula marburger honda. 75 million, or $437, 500), plus a percentage of the class members' royalties over the ensuing five-year period. The publisher chose not to allow downloads for this publication. While the Court acknowledges this reality, the Court does not view it as fatal to approval of the proposed settlement.
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As to the allegation that Range had sometimes failed to apply the PPC cap at all, Range took the position that this was only true as to "FCI-Firm Capacity" charges, and only for a close-ended one-year period. Services for Families and Children. The Court finds, however, that Mr. Altomare's presentation did not credibly rebut Ms. Whitten's assertions concerning the administrative costs that Range would incur if the proposed division order were approved and entered by this Court. Magisterial District Judges. Antitrust Litig., 708 F. 3d 163, 180 (3d Cir. Here, both Range and Class Counsel acknowledge that the MCF/MMBTU shortfall was the class's primary claim in this phase of the litigation. Here, the Bigley Objectors' motion is predicated on their allegations that Mr. Altomare: (i) was negligent when he failed to pursue the MCF/MMBTU issue in 2013, (ii) conducted insufficient discovery on behalf of the class, resulting in an insufficient settlement, and (iii) committed fraud upon the Court in connection with his billing records. As explained by Range, class members who hold leases associated with conventional oil and gas wells, and class members who hold leases but do not yet have wells developed, may benefit in the future from the fact that the Amended Order Amending Leases now requires wet and dry gas from shale wells to conform to the MCF measurement contemplated in the Original Settlement Agreement. These terms were achieved through the involvement of former Judge Frampton, a skilled and experienced mediator who is well versed in issues pertaining to oil and gas law. Altomare's representations comport with the expanded billing records and metadata that he has supplied in his responsive brief. Specifically, Judge McLaughlin's March 17, 2011 Order certified a class that (subject to certain exclusions) consisted of "Persons who held a Royalty Interest in any Pennsylvania and/or Ohio oil and/or gas estate at any time after September 15, 2004 that was, is or became Owned by Range, its predecessors or affiliates at any time prior to [March 17, 2011]. Following the acceptance of additional filings, ECF Nos.
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The Supplemental Settlement therefore provides for a cash payment to class members who previously received allegedly deficient royalty payments associated with shale gas production. Adequacy of Class Representation. The remainder of the pending objections are addressed in the analysis that follows. See In re: Google Inc. Cookie Placement Consumer Privacy Litig., 934 F. 3d 316, 324 n. 6 (3d Cir. Like to get better recommendations. Furthermore, the Class believes that the charge for Purchased Fuel results in a double deduction for the same fuel. Berks County Library System. Third, Range argued that this aspect of the fee request is inappropriate because the Motion to Enforce only implemented the terms of the Original Settlement Agreement, and Class Counsel has already been compensated for this benefit. More disconcerting is the Bigley Objectors' suggestion that Class Counsel submitted fraudulent time sheets in support of his fee application. The Court finds that this timetable for payment is reasonably expeditious and supports the adequacy of the relief afforded under the Supplemental Settlement. One Prudential factor that has not yet been addressed is the class members' inability to opt out of the proposed settlement. In response to Range's objections, Mr. Altomare conceded that his proposed request for the 10-year prospective fee award should be amended so that it does not affect class members who own interests in non-shale gas wells. To address past shortfalls in royalty payments, Range Resources would pay the Class a one-time lump sum of $12 million, less any costs and fees awarded to Class Counsel.
"[T]he focus at this point is on the actual performance of counsel acting on behalf of the class. In response to the objecting class members, Mr. Altomare denied that the proposed Supplemental Settlement requires a separate class certification process or an opportunity for opting out. 75 hours), and even if the Court were to adopt his requested hourly rate of $475, the resulting lodestar figure would be $538, 531. In fact, the record shows that this dialogue was ongoing even before Class Counsel filed the Motion to Enforce, as various issues were hashed out between Mr. Altomare and Range's agents on an ad hoc basis, often with the input of Mr. Rupert. In accordance with Rule 23(e)(5), class members were given an opportunity to file objections. Identification of the Supplemental Settlement. Range strenuously disputed this estimate and, on September 18, 2018, Range's counsel provided Mr. Altomare a spreadsheet (apparently totaling nearly 900 pages), which detailed the company's own internal calculations of the MCF/MMBTU royalties differential. Thus, the objectors argue, the Supplemental Settlement would create two species of subclasses, one whose members would benefit from an amended post-production cost "cap" and another whose members would not. Range would have to identify every DOI schedule for every well for every class owner. See S. Body Armor I., Inc. Carter Ledyard & Milburn LLP, 927 F. 3d 763, 773 (3d Cir.
Based on his representation that he has expended 4, 258. 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. " As further proof that he was not simply stealing Mr. Rupert's personal time entries, Mr. Altomare noted that his "Expert Consultation" entries totaled. Moreover, even if Mr. Altomare had obtained relief for the class in a timely fashion, thereby preserving the class members' rights under the Original Settlement Agreement, it would still be debatable whether any additional compensation would be warranted. Vii) Failure to include the "FCI-Firm Capacity" as a pro-rated cost subject to the cap. 44, Plaintiffs sought an accounting, damages, and injunctive relief against Range Resources to redress these allegedly improper deductions. In this highly unusual case, the Court's application of the foregoing principles does not support the fee award that Class Counsel is requesting. Looking for something from our old site? The Bigley objectors also assert that Mr. Rupert informed Class Counsel in August 2017 that Range was failing to apply the PPC cap altogether in certain cases, but Mr. Altomare failed to follow up on this issue in discovery. In addition, Mr. Rupert recalled that his initial contact with Mr. Altomare occurred in April 2014; he therefore posited that all of the billing entries Mr. Altomare listed in his revised statement relative to conferences that allegedly occurred between Mr. Rupert and Mr. Altomare prior to April 2014 cannot be accurate. With regard to any increases in future royalty payments to class members, Mr. Altomare states that he is "willing to limit his request" to a ten-year period, but he requests that he be awarded twenty percent (20%) of these future benefits "as and when they monthly accrue.
Ms. Whitten took issue with the feasibility of this model, stating that it would require some 480 man hours to establish the type of payment scheme that Mr. Altomare was requesting, because RR's DOI files are organized on a well-by-well basis rather than an owner-by-owner basis. Welcome to our new website: Please ensure to update your bookmarks. In seeking this information, Mr. Altomare advocated for discovery that would be as broad in scope as that which the class would have received if an auditor had been appointed. The preparation and recording of this document will require additional time and expense, including the payment of recording fees of every county where a class is located. Pursuant to Rule 23(e)(4), "[i]f the class action was previously certified under Rule 23(b)(3), the court may refuse to approve a settlement unless it affords a new opportunity to request exclusion to individual class members who had an earlier opportunity to request exclusion but did not do so.
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