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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. Sales Practice Litig. $726 million paid to paula marburger 3. Through this motion, Plaintiffs sought to correct the MMBTU discrepancy in the Order Amending Leases so as to bring that Order into conformity with the terms of the Original Settlement Agreement.
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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. The Aten Objectors argue that the Supplemental Settlement fails to deliver a uniform benefit and essentially picks "winners" and "losers" in that the revised Order Amending Leases would only apply to those leases in which Range still held the lessee's interest as of January 2019. Factors such as "the nature and amount of discovery... may indicate whether counsel negotiating on behalf of the class had an adequate information base. " On August 4, 2019, objections were filed on behalf of approximately four dozen objectors represented by Roetzel & Andress, LPA and Neighborhood Attorneys, LLC, and collectively referred to herein as the "Bigley Objectors. " If the Supplemental Settlement is rejected, compensation for the vast majority of class members who have not lodged objections will, at the very least, be further delayed pending final resolution of the Motion to Enforce, Resolution of the Class's Rule 60(a) Motion, and likely, an appeal process. 6 million paid to paula marburger chevrolet. Altomare infers that the Class would reap an aggregate increase in royalties of approximately $13, 311, 352. As such, they are not members of the class. 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. This is appropriate inasmuch as oil and gas development is not static and, as Range explains, a lease that is currently associated only with conventional oil and gas development may be associated at a later point with shale gas development. Rule 23(e)(2)(D) requires that the Court consider whether the proposed Supplemental Settlement treats class members equitably relative to each other. Mr. Altomare has nevertheless proffered a cross-check computation pursuant to which 2, 721. Having been presented with no persuasive authority in support of the Aten Objectors' request, the Court declines to certify a new settlement class. Despite the lack of depositions or additional formal discovery, the Court is satisfied that Class Counsel had sufficient information to intelligently assess the strengths and weaknesses of the class's claims.
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In an email to Mr. Poole dated March 17, 2014, Mr. Altomare addressed a number of outstanding issues and concluded by stating: "Lastly, we have not yet resolved the MCF/MMBTU discrepancy in the amended class leases - I am inclined not to press this, but we should discuss it. As matters stand, Counsel's time entries include many purported consultations with Mr. $726 million paid to paula marburger images. Rupert during the years 2012 and 2013 which could not have occurred because of the fact that Mr. Rupert apparently had no professional relationship with Mr. Altomare prior to April of 2014. at 105-106. Using the Shaw family's statements as examples, Mr. Rupert testified about the information contained in Range Resources' royalty statements and some of the accounting issues he discovered as a result of reviewing those statements that gave rise to the motion to enforce the Original Settlement Agreement. 75 million, or $437, 500), plus a percentage of the class members' royalties over the ensuing five-year period.
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Based on the affidavit of Ms. Whitten, the Court finds that the notice requirements of Rule 23 have been satisfied, as direct notice was sent in a reasonable manner to all class members who would be bound by the Supplemental Settlement. 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. Here, the size of the settlement fund is $12 million and, as noted, Mr. Altomare seeks an award in the amount of $2. 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). In any event, however, the record reflects that Mr. Altomare did pursue discovery relative to the other claims in the Motion to Enforce, as is shown by his requests for production of documents and interrogatories, see ECF No. Furthermore, the Class believes that the charge for Purchased Fuel results in a double deduction for the same fuel. 131 at 1 (describing the MMBTU v. MCF differential as the "issue that all parties agree is the crux of the dispute").
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From a procedural standpoint, however, Mr. Altomare's delay is relevant to the extent it informs whether Class Counsel was operating under a potential conflict of interest that tainted the integrity of the litigation and settlement process. 2:15-cv-910 (W. D. Pa. ). Thus, none of the "losing" class members have objected, despite being sent notices of the Supplemental Settlement. More disconcerting is the Bigley Objectors' suggestion that Class Counsel submitted fraudulent time sheets in support of his fee application. The cited exchange in the transcript concerning Range's royalty statements involves an anecdotal point with little probative value when viewed in the context of the entire record. Counsel found this defense to be meritorious. Workforce Development Board. Concerning the first point, it is undisputed that Mr. Altomare became aware of the MCF/MMBTU discrepancy in Judge McLaughlin's Order Amending Leases at least by July 2013. The Court first considers whether it should accord an initial presumption of fairness to the Supplemental Settlement. Search and overview. The gravamen of Plaintiffs' complaint was their claim that Range Resources had unlawfully reduced their royalty payments under the subject leases by deducting certain post-production costs (hereafter, "PPC") that Range had incurred in the process of bringing gas and oil products to market.
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Defendants had already stopped the practice and credited the class members for the overcharges. The Court perceives no need to address that issue at the present time. 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]. Those calculations, which Range considered more accurate than the wellhead analysis, produced estimated damages in the amount of $10, 127, 266. Based upon the foregoing facts, the Court concludes that the settlement negotiations in this case occurred at arms' length by attorneys who are experienced litigators in the field of oil and gas law. "The decision of whether to approve a proposed settlement of a class action is left to the sound discretion of the district court. " 126 at 5 and 126-1, ¶¶ 11-13. On July 26, 2019, Range Resources filed objections to the portion of Class Counsel's fee request associated with the prospective royalty payments. The Court's discussion is therefore limited to Range's other objections.
The Aten Objectors strongly object to Class Counsel's fee request on the grounds that it unfairly dilutes the Class's recovery and is not commensurate with either Mr. Altomare's performance as Class Counsel or the results he has achieved for the Class. Range would effectuate the recordation of the Court's Order effectuating the lease amendments. Wallace v. Powell, No. "A district court is not a party to the settlement, nor may it modify the terms of a voluntary agreement between the parties. " In any event, the Court is not empowered to change the provisions of the Settlement Agreement so as to narrow the scope of the release language. This was consistent with the definition of the class as set forth in the Original Settlement Agreement. In October 2018, Range Resources requested the appointment of a mediator for the purpose of attempting to settle all outstanding issues relevant to Plaintiffs' Motion to Enforce and Rule 60(a) Motion.