And even if the Court were to determine that the motion was properly and timely asserted under Rule 60(a), Range could plausibly argue that it would be inequitable for Range to be required to pay seven years' worth of back-damages. 2006) (citations omitted); see In re Prudential Ins. Altomare further states that, while he originally intended to submit Mr. Rupert's billing records to the Court as part of a request for reimbursement of expenses, it would have been improper for him to do so because the Class notice did not include an allowance for Mr. 6 million paid to paula marburger now. Rupert's fees. Accordingly, whether considered individually or collectively, the objectors' proffers do not change the Court's conclusion that, on balance, Mr. Altomare provided adequate representation to the class. This places no burden on class members and is administratively feasible, as demonstrated by Range's prior recordation of the original Order Amending Leases. If the Court were to reject the present settlement, it is possible that Range would not agree to an alternative settlement that includes an opt out provision; but even if Range did, it seems unlikely that a substantial percentage of class members would exercise their right to opt out, given that less than one percent of the class has registered an objection to the existing settlement terms.
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An objection filed by Edward Zdarko, ECF No. Therefore, it was reasonable for Class Counsel to focus his discovery efforts on that particular claim, as it was an obvious and substantial source of class-wide damages. While the Court does not find that Mr. Altomare acted in bad faith or with intent to deceive the Court into awarding unearned fees, Mr. Altomare plainly should have disclosed to the Court his lack of contemporaneous billing records and the methodology he employed to generate an estimation of his services. If the class were to fully litigate these claims, it would surely incur greater expense, but without any guarantee of a more favorable recovery than is presently offered under the Supplemental Settlement. 6 million paid to paula marburger farms. The seventh Girsh factor addresses the ability of the defendant to withstand a greater judgment. The Court next turns to Mr. Altomare's request for an award of attorneys' fees, amounting to twenty percent (20%) of the value of the combined retroactive and prospective payments to the class. Economic Development. There can therefore be no doubt that the Range and Class Counsel were at palpable arm's-length on the eve of, and at the mediation conducted before former Judge Thomas Frampton on January 30, [2019] No.
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With respect to retroactive relief, Mr. Altomare requests payment in the amount of $2, 400, 000 (representing 20% of the $12 million settlement fund). 25 of work hours, represents a "voluntar[y] and considerabl[e] reduc[tion]" of his hours. First, the Supplemental Settlement would provide prospective relief through the amendment of class members' leases to correct the MCF/MMBTU discrepancy. During this resistance, Range moved for an order to mediate [Doc 117], which Class Counsel opposed precisely because he still was without the necessary records [Doc 118]. Mr. Rupert also testified about various inaccuracies he perceived in Mr. Altomare's revised billing statement, which had been submitted to the Court as an exhibit to ECF No. First, there is no dispute in this case that the proponents of the Supplemental Settlement are experienced litigators in the field of oil and gas law. 6 million paid to paula marburger is a. The Motion to Enforce was assigned to the Honorable Cathy Bissoon, who denied Plaintiffs' request for a court-appointed auditor but granted the parties a 120-day period of discovery for the purpose of developing the evidentiary record relative to numerous factual issues raised by Plaintiffs' allegations. Second, the Court is not persuaded that a multiplier of 3. As previously noted, courts within this circuit are required to address the nine Girsh factors in assessing the fairness and reasonableness of a proposed class settlement.
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Once again, the objections are not well-taken. Following the acceptance of additional filings, ECF Nos. General Information. The proposed lease amendments defined "MCF" to mean "one thousand cubic feet of volume of natural gas.
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Having conducted the aforementioned fairness hearing and having reviewed all of the pre-hearing and post-hearing filings, the Court turns to the pending motions. 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"). 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. The Court is satisfied that this result does not violate the due process rights of the Aten Objectors or any other royalty interest holder who may have succeeded to the rights of original class members. G. The Fairness Hearing. With respect to the MCF/MMBTU claim, Mr. Altomare's last best estimate of damages was approximately $14. Litig., 396 F. 3d 294, 301 (3d Cir.
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This issue originated with Mr. Rupert's observation that many of the billing entries that Mr. Altomare had initially submitted in support of his fee application appeared to mirror Mr. Rupert's own time entries, which Mr. Rupert had forwarded to Mr. Altomare for the purpose of seeking reimbursement from the common settlement fund. Supplemental Settlement. In assessing the 2011 fee request, the Court acknowledged that it was "impossible... to establish the appropriate multiplier... with absolute certainty" because no one could know for sure how many hours Mr. Altomare would have to expend in the future working on the case, nor how much he would earn in future fees from the class members' respective gas royalties. See Ehrheart, 609 F. 3d at 593 ("A district court is not a party to the settlement [of a class action], nor may it modify the terms of a voluntary settlement agreement between the parties.
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In support of their arguments, the Bigley Objectors proffered the affidavit of Ryan J. Rupert, a certified public accountant, minerals manager and evaluation analyst who has assisted many class members and has consulted with Mr. Altomare relative to issues bearing on the Motion to Enforce the Original Settlement Agreement and the Rule 60(a) Motion. Because the class originally consisted of over 20, 000 persons, the Aten Objectors submit it is likely that certain members are no longer receiving royalties from Range and have not given Range their updated contact information. Under the Supplemental Settlement, Range agrees to utilize the MCF measurement moving forward and will also pay $12 million toward past royalty shortfalls. 1) All royalty payable under this instrument for natural gas produced from shale formations for any Accounting Period shall be calculated using the PMCF for the Gas Well(s), reduced by not more than the lesser of the following: (a) the pro rata royalty share of current Post Production Costs per MCF incurred during such period; and, (b)(i) in the case of royalty attributable to Wet Shale Gas production, the pro rata royalty share of $0. As noted, the attorneys for the settling parties are knowledgeable and experienced litigators in the area of oil and gas law. "'(O)nce the decision to certify a class has been made, the court remains under a continuing duty to monitor the adequacy of representation to ensure that class counsel provides zealous, competent representation through the proceedings and to address conflicts of interests if they develop. '" 163, 165, 167, and 172, the Court conducted the fairness hearing on August 14, 2019. Substantively, discovery occurred on a granular level as counsel delved into the minutiae of arcane and highly technical accounting issues.
Whitten's job duties include overseeing the management of Range's master computer files for owner set-up and interest percentage participation in wells, information that is used for the distribution of revenues. Only a Small Percentage of Class Members Have Lodged Objections. Acknowledging this error, Mr. Altomare has since submitted a revised "division order" which would apply only to class members who receive royalties from shale wells. Moreover, there is seemingly no way around this conundrum, as Range no longer owns an interest in certain properties subject to transferred leases, and it cannot settle claims that relate to interests it no longer owns. On balance, this Court concludes that that the fairest course of action is to provide Class Counsel some compensation, but at a deep discount. After reviewing the language in Article III, Paragraphs (B) and (C) of the Original Settlement Agreement, Mr. Altomare came to believe that Range's position had merit. 00) ('the Gross Settlement Amount'), less any amount awarded as costs and fees to Class Counsel (the 'Net Settlement Amount'), " in accordance with a designated time table. 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. 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.
On July 26, 2019, Range Resources filed objections to the portion of Class Counsel's fee request associated with the prospective royalty payments. Share the publication. Community Development. Only a small percentage of class members have objected, albeit passionately, to the settlement and the fee request. To the extent that Mr. Altomare achieved a pecuniary benefit for class members in perpetuity through an increase in their future royalty payments, that is a result that was contemplated by the Original Settlement Agreement, for which Mr. Altomare previously received generous compensation. As to "PFC-Purchased Fuel" charges, Range acknowledged that it had, for a one-month period, inadvertently failed to include this deduction in its calculation of the PPC Cap; but Range also represented that it had long ago corrected the mistake and credited those overcharges back to the class members.
Range continued to pay royalties in this manner for a number of years following Judge McLaughlin's approval of the class settlement and entry of the Order Amending Leases. Altomare suggests that the Court apply a multiplier of 3. There is no evidence of collusion between Mr. Altomare and the defense attorneys who negotiated the terms of settlement. 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. Although the Bigley Objectors have criticized Mr. Altomare for relying on Range's own computation figures, the Court accepts Mr. Altomare's explanation that he felt confident about the reliability of Ms. Whitten's computations, both because (a) her statements had been offered in the form of a sworn affidavit, made under penalty of perjury, see ECF No. In light of this adjustment, the attorney fee award will not otherwise impair the reasonableness and adequacy of the settlement. 75 hours prosecuting the class's claims and negotiating the class settlement. Planning Commission. 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]. Discovery was Sufficient for a Fair Evaluation of the Class's Claims.
Department Directory. See In re AT & T Corp., 455 F. 3d 160, 165 (3 Cir.
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