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July 20, 2024, 4:25 pm
Words and music by Hugh Martin and Ralph Blane / arr. Big Note Piano Digital Files. Be sure to purchase the number of copies that you require, as the number of prints allowed is restricted. To download and print the PDF file of this score, click the 'Print' button above the score. This score preview only shows the first page. 6 Flutes Score & Parts. Contributors to this music title: John Denver. If it colored white and upon clicking transpose options (range is +/- 3 semitones from the original key), then Rudolph The Red-Nosed Reindeer can be transposed. Recommended by Jen Sper and Lora Moore, School Choral Music Specialists Rock Rounds for Choir by Roger EmersonSinging rounds have always been an effective way to teach beginning harmony to singers of all ages. After making a purchase you will need to print this music using a different device, such as desktop computer. Additional Information. Full Orchestra Conductor Score & Parts. For a higher quality preview, see the. Percussion Ensemble Digital Files.
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Available only via Sheet Music Plus Level: Advanced Intermediate Rudolph the Red Nosed Reindeer - Flute Quartet SKU: F1017 $16.

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Words and music by Douglas E. Wagner (incorporating "Jingle Bells"). Once you download your digital sheet music, you can view and print it at home, school, or anywhere you want to make music, and you don't have to be connected to the internet. Refunds due to not checking transpose or playback options won't be possible. Just click the 'Print' button above the score. Please check if transposition is possible before you complete your purchase.

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We Wish You a Merry Christmas. Instrumentation: flute solo. Woodwind Ensemble Digital Files. It conjuers up images of chestnuts, fires and Andy Williams - go for it and enjoy! This is a wonderfully slushy arrangement by James Christensen that will transport you back to the 1950's. This flexible setting can be performed by strings alone or with the addition of any combination of piano and winds. You are purchasing a this music. Composed by Johnny Marks. Halloween Digital Files.

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Arranged by Jack Bullock. This week we are giving away Michael Buble 'It's a Wonderful Day' score completely free. For over sixty years, this holiday song has been loved by all. Performance duration (approx): 2'10. Be careful to transpose first then print (or save as PDF). This score is available free of charge.

Carol, Children, Christmas, Holiday, Winter. Product Type: Musicnotes. This item is also available for other instruments or in different versions: Recommended by Caryn G. and Christopher B., Sacred Piano Music Specialists Easter Hope by Thomas KeeseckerA mixture of 11 hymn tunes that are used between Easter and Pentecost. The number (SKU) in the catalogue is Children and code 253862.

Altomare noted he had "trimmed" Mr. Rupert's billing statement "considerably so as to arrive at a number I believe I can get for your services[, ]" and he asked Mr. Rupert to indicate whether he thought it was "ok. " Id. $726 million paid to paula marburger recipes. 2(C) of the Settlement Agreement a charge (denominated as "TAI-Transport" in its statements) for transportation of natural gas liquids ("NGL") to the stripping facility notwithstanding that the NGL's are resident in the transported gas. Class Counsel's Application for Supplemental Attorney Fees will be granted in part and denied in part. Range has argued, for example, that the motion is more properly analyzed under Rule 60(b), rather than Rule 60(a), and is untimely under that provision.

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Department of Emergency Services (DES). The Original Settlement Agreement and order approving same were also matters of public record. The Court allowed class members to file objections to proposed settlement up to ten (10) days before the hearing. In this way, the anticipated revision to the Order Amending Leases keeps the interests of the class aligned, because class members who have an interest in shale gas wells either now or in the future will be subject to the same caps on certain PPCs. "'(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. '" The parties have not focused their attention on this issue but, to the extent that Mr. Rupert has identified discrete instances where he perceived that certain clients had been overcharged based upon a review of their statements, there is some danger that prosecution of these alleged breaches would devolve into a series of mini-trials that contravene the requirements of Rule 23(b)(3). 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. Discovery was Sufficient for a Fair Evaluation of the Class's Claims. 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. Correspondingly the disclosure in the Class Notice upon which settlement was approved [Doc 71-1, Ex C] calls for the same. In relevant part, Section 3. At the fairness hearing, Mr. Altomare cross-examined Ms. Whitten concerning these assertions. 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. $726 million paid to paula marburger chrysler. Altomare was requesting, because RR's DOI files are organized on a well-by-well basis rather than an owner-by-owner basis. The Court accepts Mr. Altomare's representations in this regard as truthful based on the fact that Mr. Altomare is an officer of the Court, has no professional disciplinary record to the Court's knowledge, and has sworn to the truth of his representations under penalty of perjury.

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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. The Girsh factors are not considered exhaustive, however. I frankly missed this discrepancy, trusting that the order submitted would be the same as the proposed order we had jointly submitted at [see Doc 71-1 at Ex "D"]. In sum, the attendant costs, risks and delay that the Class would incur if litigation continues all weigh in favor of accepting the Supplemental Settlement. 6 million paid to paula marburger iii. As noted, settlement was reached in this case only after an intensive four-month period of discovery, which included the attorneys' extensive informal discussions, formal document discovery, and motions practice. The instant civil action was transferred to Judge Bissoon on January 25, 2018 in light of former Judge McLaughlin's resignation from the federal bench in 2013. Parks and Recreation. On September 17, 2018, while the Rule 60(a) Motion was being briefed, the case was transferred to the undersigned. Accordingly, the Court will approve the Supplemental Settlement.

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On January 30, 2019, former Judge Frampton reported that the parties had mediated their dispute to a successful resolution. 1975), that have traditionally guided courts within this circuit. 2019) (citing In re Cendant Corp. 9 million settlement fund)). 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. Retroactive Payment. Court of Appeals for the Third Circuit either affirms the undersigned's order approving the Supplemental Settlement or dismisses all appeals therefrom. They cite, for example, Mr. Altomare's apparent unawareness that Range reported both MMBTU and MCF figures on its statements. Industrial Development Authority.

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Mr. Altomare attempted to broach the MCF/MMBTU discrepancy with Range Resources' counsel again in 2014. 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. The "Bigley Objectors" Motion to Remove Class Counsel will be denied without prejudice. With respect to the "TAI-Transport" deductions, Range argued that the class had misunderstood the charge as a cost deducted from the NGL royalty when, in fact it is an unaffiliated third party charge related to the transportation of natural gas, which was being properly deducted. 25 hours of time from the point of the original settlement through January 31, 2018. at 3, ¶12; see also Id. Thus, the complexity, expense, and likely duration of further litigation are factors that weight in favor of approving the Supplemental Settlement. While discovery was proceeding, Mr. Altomare filed the Rule 60(a) Motion, wherein he claimed that the class's damages from the MCF/MMBTU discrepancy exceeded $60 million.

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Range's calculations were conducted at "well-level, " meaning that they approximated the percentage of the volume of production from each well subject to the PPC caps and assessed the difference between applying the MMBTU or MCF multiplier on those associated volumes. After determining the appropriate percentage-of-recovery to be awarded, courts typically perform a lodestar cross-check. Altomare was appointed by Judge McLaughlin to represent the class based on his experience and expertise in oil and gas law. 0033 DOI in the future royalties paid to class members. 03 per 84, ¶¶-2 (emphasis added). The Order Amending Leases incorporated the following terms into class members' leases: (B) Natural Gas Royalty Calculation. Range had calculated damages using two different methodologies and placed the shortfall in the range of $10-$14 million; however, Range had a plausible basis for arguing that $10, 127, 266 was the more accurate estimation, because it was predicated on a detailed analysis of royalties paid to each interest holder and accounted for certain variables that the $14 million figure did not take into account. Class Counsel's request for such fees will therefore be denied. Geographic Information Systems (GIS). In the meantime, Mr. Altomare filed his "Application for Supplemental Attorney Fees. "

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Negotiations Occurred at Arms' Length. Based on these figures, Range took the position that the class's claim for damages in the tens of millions of dollars was grossly overinflated. The Court next considers whether the relief provided for the class is adequate, taking into account: (i) the costs, risks, and delay of trial and appeal; (ii) the effectiveness of any proposed method of distributing relief to the class, including the method of processing class-member claims; (iii) the terms of any proposed award of attorney's fees, including timing of payment; and (iv) any agreement required to be identified under Rule 23(e)(3). 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]. 2:15-cv-910 (W. D. Pa. ). 144-1, and, (b) Mr. Altomare and Ms. Whitten "had a long history of amicably dealing with innumerable incidental issues arising out of Range's implementation of the original settlement since its inception in 2011, " and "[i]n dealing with those issues Ms. Whitten has always dealt fairly with counsel in correcting and reimbursing individual class members for errors in Range's administration of the settlement. Approximately 100 of the Class Members. The objectors principally focus upon three aspects of Mr. Altomare's representation: (i) his failure to pursue the MCF/MMBTU issue after first becoming aware of it in 2013, (ii) his conduct as it relates to pursuing class discovery and negotiating the Supplemental Settlement, and (iii) his submission of materially inaccurate billing records in connection with his present fee application. For these reasons, the Supplemental Settlement Agreement is supported by adequate consideration and does not constitute an inadequate, unfair, or unreasonable resolution of the Class's claims. Westchester County Business Journal 060115. 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. Second, they suggested that Mr. Altomare may have submitted fraudulent time entries in connection with his fee application.

For the reasons discussed, these considerations support the fairness and adequacy of the settlement, once adjustments are made to Class Counsel's fee award to maximize the class's recovery. Supplemental Settlement. Using this data, Ms. Whitten produced certain information for Mr. Altomare about the class members' respective DOIs for royalties that were generated relative to specific wells. 5 percent of Class No. The following procedures apply: (1) The court must direct notice in a reasonable manner to all class members who would be bound by the proposal. As an example, Mr. Rupert pointed to a June 16, 2016 time entry where Mr. Altomare billed 30 minutes of time under the heading "Investigate Range Breach of Settlement, with attention to "William H. Knestrick: Estate of Cora M. Miller. " 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. Again, no burden is placed on class members. Finally, the Court has concerns that the notice to the class did not sufficiently apprise them of Mr. Altomare's request concerning future fees. With respect to the "PFC-Purchased Fuel" claim, Range has acknowledged that it had inadvertently failed during one particular month to include these deductions in its calculation of the PPC Cap; however, Range also claimed that this mistake was long ago corrected and the overcharges were credited back to the class. To the extent the class claimed that Range had breached the original Settlement Agreement by calculating royalties on an MMBTU basis, Range could credibly argue that it had merely complied with the terms of the Court's March 17, 2011 Order Amending Leases. 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.

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. 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. E. The Rule 23(e)(2) Criteria Support Approval of the Settlement. Based upon the foregoing reasons, the Court finds that Class Counsel engaged in sufficient discovery for purposes of assessing the merit and value of the class's claims and negotiating a fair and reasonable settlement. "Where a court fears counsel is conflicted, it should subject the settlement to increased scrutiny. " C. As discussed, a court awarding a percentage-of-recovery fee should normally perform a cross-check using the lodestar method. As noted, Mr. Altomare states that he has expended some 1, 133. 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. Based on estimates provided by Mr. Rupert, the Bigley Objectors have posited that class damages could exceed $63 million.

Only a small percentage of class members have objected, albeit passionately, to the settlement and the fee request. After Range Resources filed its responsive pleading, the Court was advised that the parties had reached a tentative settlement. With respect to the "PHI-Proc Fee" claim, Range argued that this fee was being properly deducted in a non-redundant fashion in accordance with the terms of the Original Settlement Agreement governing NGLs; Mr. Altomare did not consider this claim strong enough to litigate and, in fact, Mr. Ryan appears to concede that Range can deduct processing charges from royalties associated with NGLs. 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. The disputed matters in this case concern complex accounting issues as applied to a highly technical aspect of oil and gas law, and further litigation of the case will likely be costly. Iii) Double-charging processing fees ("PHI-Proc Fee") associated with natural gas liquids (NGLs). 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. His first request broadly sought all electronically stored information (ESI) that Range used in making royalty calculations for every class member for every accounting period during which a royalty was paid. While the Court acknowledges this reality, the Court does not view it as fatal to approval of the proposed settlement. Rupert further acknowledged being made aware that Range had changed its practice to start including FCI charges in the PPC cap after Mr. Altomare raised that issue in the Motion to Enforce. Accordingly, this consideration does not weigh in favor of approving the settlement, but it also does not materially affect the Court's analysis. Altomare further denied that implementing the prospective fee award would create any increased burden on Range Resources, that it is contrary to the notice that was sent to the class, or that it constitutes an impermissible "double-dipping" of fees.
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