In this respect, Mr. Altomare's interests remained sufficiently aligned with those of the class. 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. This, however, is not a typical or garden-variety common fund case. In their operative pleading, ECF No. 23, Advisory Committee Notes to 2018 Amendments (noting that subsections 23(e)(2)(A) and (B) "identify matters that might be described as 'procedural' concerns, looking to the conduct of the litigation and of the negotiations leading up to the proposed settlement"). In a return email dated July 11, 2013, Range's counsel, David Poole, Esq., confirmed that the company's "land team has been following this methodology, " but stated that he had not had an opportunity to look into "whether MMbtu or Mcf is correct. F. Class Counsel's Response to Objections. 6 million paid to paula marburger school. Citing a new affidavit from Ms. Whitten, Range now disclosed that it had undertaken a second, more time-consuming analysis of the MCF/MMBTU damages figure based upon an examination of royalties paid to each individual interest holder since 2011. Paragraph 3 specifies that, "[w]ithin fifteen (15) days following the Final Disposition Date, Range will pay directly to Class Counsel all costs and attorney's fees as may be approved by the Court.
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Range Resource's efforts to notify the Class about the proposed Supplemental Settlement are outlined in the declaration of Ruth Whitten, Range's Director of Land Administration. "[T]his method 'is designed to allow courts to award fees from the fund in a manner that rewards counsel for success and penalizes it for failure. $726 million paid to paula marburger is a. '" I estimate this task would require 4-6 employees working for more than two weeks, approximately 320 to 480 man hours, to identify, download, adjust and implement the new data files. 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. 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. We Welcome You to Berks County.
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First Class Mail, to the addresses Range had in its records for all 11, 882 Class Members. He also denied that his actions in negotiating the Supplemental Settlement were self-serving, stating: There can be no question that the Motion for Enforcement of the original settlement agreement [Doc. The objectors and parties had an opportunity to submit testimony and evidence in support of their respective positions. Once again, the objections are not well-taken. Like the Original Settlement Agreement, the Supplemental Settlement Agreement contains two separate components. Judge McLaughlin's March 17, 2011 Order certifying the class and Order Amending Leases expressly approved and incorporated by reference the terms of the Original Settlement Agreement, which would include Section 1. See, e. g., In re NFL Players concussion Injury Litig., 821 F. 3d at 436 (concluding that district court did not abuse its discretion in finding class counsels' informal discovery to be sufficient). 79, 81-82, 99-100; ECF No. 6 million paid to paula marburger 2018. The Court finds that this timetable for payment is reasonably expeditious and supports the adequacy of the relief afforded under the Supplemental Settlement. Meanwhile, Mr. Altomare undertook a revision of his own damages calculation in light of the information he had received from Range. Based on Mr. Rupert's testimony that he first contacted Class Counsel in 2014, the Bigley Objectors argue that Mr. Altomare fraudulently submitted "countless hours of time at the rate of $495 per hour beginning in 2012 for consultations with Mr. Rupert that never occurred. Altomare's representations comport with the expanded billing records and metadata that he has supplied in his responsive brief. Altomare also sought additional information to explain how Range determined its own costs for, e. g., gathering expenses (i. e. "GAI-gathering"), how Range distinguished those costs from other expenses, and whether any costs are incurred from third parties. Court of Common Pleas.
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Altomare further posited that his consult estimations are consistent with Mr. Rupert's own invoice to Class Counsel because, "if Mr. Rupert were charging counsel for his work with those individuals, surely there had to be a corresponding consult [with Mr. Altomare]. 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. If approved, the Supplemental Settlement will prospectively cure the discrepancy in the Order Amending Leases relative to the shale gas PPC cap by clarifying that, henceforth, the cap will be calculated on an MCF basis. 2006) (citations omitted); see In re Prudential Ins. That production contained more than 12 million total data points and Class counsel was constrained to analyze that data, consuming an extraordinary number of hours of his time on behalf of the class. In addition, Range has agreed to pay each class member the amount of any MMBTU-related shortfall for the time period January 2019 (when settlement terms were reached) through the time that settlement checks are finally mailed to each class member. Mental Health/Developmental Disabilities. This civil action was transferred from the Honorable Cathy Bissoon to the undersigned on September 17, 2018. 135-1 at 4, ¶2(a)(ii). See In re NFL League Players Concussion Injury Litig., 821 F. 3d at 437 ("The settling parties bear the burden of proving that the Girsh factors weigh in favor of approval of the settlement. ")
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171 at 9-11, ECF No. These objectors argue that removal is necessary because Mr. Altomare's interests have significantly deviated from those of the class such that he can no longer adequately represent their interests. See In re Baby Prods. During the four-month period of formal discovery, Class Counsel served multiple requests for documents and received voluminous electronic data from Range Resources, as well as a detailed accounting of Range's own damages calculations, which Mr. Altomare was able to cross-check against his own computations. This was logical inasmuch as the MCF/MMBTU differential was an issue that could be cogently litigated on a class-wide basis, it had arguable merit, and it involved a seven-year period of allegedly deficient royalty payments. Viewed in this light, the $12 million settlement fund is an eminently fair recovery. Because of the non-static nature of oil and gas development, every class member's lease was amended in 2011 to include all of the terms set forth in the Order Amending Leases.
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As noted, the class's claim predicated on MMBTU-related shortfalls was the main focus of post-January 2018 litigation and the most obvious source of potential class-wide damages. 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. Citing Rite Aid, 396 F. 3d at 306). Litig., 708 F. 3d at 182 (confirming that a district court "may, in its discretion, reduce attorneys' fees based on the level of direct benefit provided to the class"). The Court's discussion is therefore limited to Range's other objections.
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Utilizing an hourly billing rate of $250 and applying a multiplier of 5. Court of Appeals for the Third Circuit has noted that, in common fund cases where attorneys' fees are calculated using the lodestar method, "[m]ultiples ranging from one to four" are the norm. Litig., 396 F. 3d 294, 301 (3d Cir. 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. Plaintiff's Motion to Enforce the Original Settlement Agreement. There a "strong judicial policy" in favor of class action settlements, Ehrheart v. Verizon Wireless, 609 F. 3d 590, 594-95 (3d Cir.
92 to this figure, yielding a total cross-check fee of $5, 062, 270, which equates to the estimated value of his total fee request. 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. 6 of the Original Settlement Agreement also defined the term "Class Member" to include "a member of the Class, and such members [sic] successors and assigns. 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. Throughout the litigation phase Class Counsel maintained an appropriately adversarial posture toward Range and sought or threatened to seek sanctions on numerous occasions.
177, 178, 180, 181, 188, 189, 190, and 192. Open Records/Right to Know. 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. That concern weighs in favor of approving the proposed Supplemental Settlement. He is the same attorney who negotiated the Original Settlement Agreement, which was approved by Judge McLaughlin. Although he and Mr. Altomare had a telephone conversation about the matter, Id. Accordingly, the Court finds that Class Counsel's fee application must be rejected in substantial measure. 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. Thus, in the objectors' view, the proposed Supplemental Settlement impermissibly expands the original class by including individuals who are present-day transferees and successors-in-interest to the original class members. In fulfilling this duty, the court acts as a "fiduciary guarding the rights of absent class members" by ensuring that the proposed settlement is fair to all members of the class. It appears the transcription may be a misspelling of an intended reference to "Wigington. 126 at 6 (Range brief acknowledging that Mr. Altomare requested information apart from the MCF/MMBTU issue "relating to other deductions [that were] purportedly improperly taken by Range"). The Court finds that, on balance, the proposed Supplemental Settlement treats class members equitably relative to each other.
In light of this adjustment, the attorney fee award will not otherwise impair the reasonableness and adequacy of the settlement. Here, the proposed relief consists of two components. 131 at 1 (describing the MMBTU v. MCF differential as the "issue that all parties agree is the crux of the dispute"). 7 yields a cross-check figure of $376, 971, which is generally in line with the percentage-of-recovery that the Court deems appropriate in this case. Elsewhere, they note that Mr. Altomare initially misapplied the PPC cap applicable to wet shale gas when computing class damages. 2) In calculating the royalty attributable to all other natural gas production, existing Post Production Costs shall be reduced by $. In short, any risk of nonpayment related to the MCF/MMBTU issue was largely exacerbated by Class Counsel himself. 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. In addition, the Bigley Objectors cite Mr. Rupert's testimony that he only consulted with Mr. Altomare concerning 7 of Mr. Rupert's 39 class-member clients; thus, the Bigley objectors assert that Mr. Altomare falsely billed for nonexistent consultations relative to 32 of Mr. Rupert's clients. The publisher chose not to allow downloads for this publication. The Issuu logo, two concentric orange circles with the outer one extending into a right angle at the top leftcorner, with "Issuu" in black lettering beside it. 7 million, as set forth in his revised computation of damages.
Services for Seniors. The Bigley Objectors lodge similar objections and argue that Mr. Altomare should be awarded no fee at all. If Range prevailed on its defenses, the class would obtain no relief - either retroactively or prospectively - relative to their claims based upon the MCF/MMBTU differential. 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. In this highly unusual case, the Court's application of the foregoing principles does not support the fee award that Class Counsel is requesting. Altomare initially negotiated a 33 and 1/3 contingency fee with the Plaintiffs who later became the named class representatives, he is asking for a smaller percentage (20%) of the class recovery from the Supplemental Settlement. Pending before the Court in the above-captioned case are the following motions: (1) the Plaintiffs' and Defendant's Joint Motion for Approval of Supplemental Agreement and Stipulation of Settlement, ECF No.
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