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As the Court has observed, the litigation concerns complex issues related to the calculation of royalties under oil and gas leases. Prospectively, the Class can expect to benefit from increased future royalties. 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. Substantively, discovery occurred on a granular level as counsel delved into the minutiae of arcane and highly technical accounting issues. $726 million paid to paula marburger day. Range Resources has asserted more limited objections which relate solely to Mr. Altomare's request for a percentage of prospective royalty payments.

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One Prudential factor that has not yet been addressed is the class members' inability to opt out of the proposed settlement. 1, 7- 14 (2002); Churchill Vill, L. L. C. Gen. Elec, 361 F. 3d 566, 573 (9th Cir. Had Mr. Altomare promptly sought relief from the Court after entry of the Order Amending Leases -- or even in July 2013 when he was first actually aware of the discrepancy in that Order, resolution of the MCF/MMBTU issue would have likely been a far more straightforward process, especially because Judge McLaughlin was still the presiding district judge at that time. In assessing the appropriateness of the fee award in this class action, the Court cannot lose sight of the fact that this litigation concerns enforcement of a settlement that was entered into more than a decade ago. The Court finds that the attorneys advocating for approval of the Supplemental Settlement are experienced in the field of oil and gas law. 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. 6 million paid to paula marburger dairy. The risks to the class of establishing liability and damages are factors that also support the settlement. Upon consideration of that issue, the Court concludes that the objectors have standing to appeal this decision and need not move to formally intervene in this action in order to preserve their appellate rights. Factors such as "the nature and amount of discovery... may indicate whether counsel negotiating on behalf of the class had an adequate information base. "

Pursuant to the Supplemental Settlement Agreement, Range will pay Class Counsel any court-approved fees within fifteen (15) days after the following the "Final Disposition Date, " which is defined as the date on which the U. 44, Plaintiffs sought an accounting, damages, and injunctive relief against Range Resources to redress these allegedly improper deductions. 2019) (citing In re Cendant Corp. He arrives at the 2, 721.

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Many of these factors have been addressed in the Court's analysis thus far; extensive commentary is therefore unnecessary. Separate from this, the Bigley Objectors argued that the fee request is excessive under the circumstances of the case and in light of the results achieved by Mr. Altomare. CareerLink - Employment Opportunities. I did not provide the order form to the court. 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. The Court finds that this timetable for payment is reasonably expeditious and supports the adequacy of the relief afforded under the Supplemental Settlement. 1999) (endorsing the balancing approach employed by Judge Adams in concurrence in In re Corn Derivatives Antitrust Litig., 748 F. 2d 157, 162 (3d Cir. 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. The settlement also contemplates a revision of the Order Amending Leases that will prospectively utilize MCFs in applying shale gas PPC caps, and this prospective change will apply to all class members' leases, irrespective of whether those leases are associated with past shale gas production.

Rule 23(e)(2)(B) requires the Court to consider whether the settlement proposal was negotiated at arms' length. The Court also heard testimony from Ruth Whitten, who was questioned by Mr. Altomare as on cross-examination. Quoting Cendant, 243 F. 3d at 732). 177, 178, 180, 181, 188, 189, 190, and 192. At the fairness hearing, this Court indicated that it would determine the status of the objectors for purposes of taking an appeal.

The "Bigley Objectors" Motion to Remove Class Counsel will be denied without prejudice. As Range points out, the original class, as certified by Judge McLaughlin, contained "subsets" under which class members with non-shale wells, members with dry shale wells, and members with wet shale wells are all treated differently. 5 hours, meaning that he billed the class for only ½ hour for each consult; Mr. Rupert's time entries, on the other hand, reflected greater amounts of time spent with these same clients. 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 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. The seventh Girsh factor addresses the ability of the defendant to withstand a greater judgment. 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. On that point, the objectors maintain that Mr. Altomare was conflicted in that he was incentivized to rush into an inadequate settlement in an effort to remedy his past mistake. Over the ensuing weeks, various absent class members submitted additional objections to both the proposed settlement and Class Counsel's fee request. D. Equitable Treatment of Class Members. Following entry of these orders, Range Resources adjusted its royalty payments in accordance with the Order Amending Leases, but contrary to the terms of the Original Settlement Agreement, by calculating the shale gas PPC caps using MMBTUs. In addition, an online link to the Supplemental Settlement Agreement was provided in the notice that was sent to class members.

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At all times during this litigation, Plaintiffs have been represented by Attorney Joseph E. Altomare (at times hereafter "Class Counsel"). Presumption of Fairness Criteria. 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). Here, both Range and Class Counsel acknowledge that the MCF/MMBTU shortfall was the class's primary claim in this phase of the litigation. For the reasons stated by Judge Bissoon in her July 26, 2018 Memorandum and Order, this Court has ancillary jurisdiction to adjudicate the pending motions. Accordingly, this consideration does not weigh in favor of approving the settlement, but it also does not materially affect the Court's analysis. 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. For the reasons that follow, the Joint Motion for Approval of Supplemental Agreement and Stipulation of Settlement will be granted.

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. Hanover Bank & Trust Co., 339 U. The Court finds that, while the attorneys were at all times professional in their demeanor, they also acted as zealous advocates for their respective clients. This more recent phase of litigation had already lasted two years before further delays occurred owing partly to the Covid-19 pandemic. To the extent heightened scrutiny of the Supplemental Settlement is warranted, the Court is satisfied that Class Counsel ultimately obtained sufficient formal and informal discovery to fairly evaluate the strengths and weaknesses of the claims asserted in the Motion to Enforce. With respect to the "PHI-Proc Fee" charge, Range argued that the fee was being properly deducted in accordance with the terms of the Original Settlement Agreement governing NGLs, but not in a duplicative fashion. Following the acceptance of additional filings, ECF Nos. The Court also recognizes that class members were themselves on constructive notice of the MMBTU issue, in that the March 17, 2011 Order Amending Leases was a matter of public record and Range's computation of shale gas royalties based on MMBTUs was disclosed on its monthly royalty statements. Employment Opportunities. Range would effectuate the recordation of the Court's Order effectuating the lease amendments. His delay not only extended the duration of Range's alleged underpayments but also gave rise to Range's colorable defense that the class's MCF/MMBTU claim was time-barred. Altomare viewed this circumscribed claim as an "ideal bargaining chip" for purposes of settlement negotiations. Altomare, Range Resources thereafter "continued to stonewall" his attempts to discuss the issue. In relevant part, Section 3.

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. The concern here is the procedural fairness of the litigation and settlement process. Upon review of the record, the Court finds these objections to be meritless. Based upon a preponderance of the evidence, the Court finds that Class Counsel adequately represented the Class in investigating, litigating and settling the class's claims, the proposal was negotiated at arms' length, the relief is adequate in light of the considerations listed in Rule 23(e)(2)(C)(i) - (iv), and the settlement terms treat class members equitably under all the circumstances.

Range denied that it was doing so, but the settlement Agreement came to include a promise that they will not do so into the future (even though they deny that they did so in the past). 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. E. The Rule 23(e)(2) Criteria Support Approval of the Settlement. This favors approval of the Supplemental Settlement.

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