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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. 2) If the proposal would bind class members, the court may approve it only after a hearing and only on finding that it is fair, reasonable, and adequate. 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. 6 million paid to paula marburger song. The present phase of the litigation formally commenced in January 2018, when the Motion to Enforce was filed, and terminated in January 2019 when the present settlement terms were reached. Specifically, after payment of attorney fees, the net settlement fund will be distributed on a pro rata basis to class members who have been paid at any time since the original settlement for shale gas that was produced by Range pursuant to leases that are subject to this litigation.

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Altomare asks that the Court award him twenty percent (20%) of these future benefits "as and when they monthly accrue, " although he states that he is "willing to limit his request" to a ten-year period. Following the acceptance of additional filings, ECF Nos. The Court is not persuaded that additional compensation for those hours is appropriate at this juncture. Altomare's initial misapplication of the wet shale PPC cap was a computational oversight that was cured in the normal course of informal discovery. Finally, the Court turns to the Bigley Objectors' motion to remove class counsel. In January 2018, Plaintiffs (through Mr. Altomare) filed a motion on behalf of the class to enforce the Original Settlement Agreement ("Motion to Enforce"), ECF Nos. 6 million paid to paula marburger house. More disconcerting is the Bigley Objectors' suggestion that Class Counsel submitted fraudulent time sheets in support of his fee application. Here, the Bigley Objectors' motion is predicated on their allegations that Mr. Altomare: (i) was negligent when he failed to pursue the MCF/MMBTU issue in 2013, (ii) conducted insufficient discovery on behalf of the class, resulting in an insufficient settlement, and (iii) committed fraud upon the Court in connection with his billing records. Substantively, discovery occurred on a granular level as counsel delved into the minutiae of arcane and highly technical accounting issues. I estimate this would require Range to create nearly 6, 000 new DOI schedules. At 85, Mr. Rupert claims those conversations did "[n]ot really [go] anywhere.

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As noted, the attorneys for the settling parties are knowledgeable and experienced litigators in the area of oil and gas law. To that end, the Court concludes that a fractional multiplier of. Court Administration. $726 million paid to paula marburger model. Open Records/Right to Know. The Objectors have also suggested that Class Counsel was inadequate in that he lacked an understanding of some of the basic issues in this case. 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. Meanwhile, any ensuing class notification and opt-out proceedings would further delay Range's payment of compensation to the thousands of class members who are apparently satisfied with the settlement terms as they presently exist. 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.

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Second, the Court is not persuaded that a multiplier of 3. 2(B) of the Original Settlement Agreement contemplated that the following provisions would be incorporated into every class lease: Natural Gas Royalty Calculation. Iii) Double-charging processing fees ("PHI-Proc Fee") associated with natural gas liquids (NGLs). Therefore, the Court indicated that it would disregard Mr. Rupert's conclusions as to the range of potential class damages in connection with its assessment of the Supplemental Settlement.

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Services for Seniors. On the contrary, the record in this case demonstrates that Mr. Altomare assumed an appropriately adversarial posture vis-a-vis Range's counsel throughout this most recent phase of litigation. The Court denied the motion as procedurally improper because there was no legal basis for striking the affidavit from the record. Third, Range argued that this aspect of the fee request is inappropriate because the Motion to Enforce only implemented the terms of the Original Settlement Agreement, and Class Counsel has already been compensated for this benefit. B)(ii) in the case of royalty attributable to Dry Shale Gas production, the pro rata royalty share of $0. Class Counsel's redacted exemplar of the raw data shows that the information amounted to some 2, 873 printed pages. Although Mr. Altomare had asked the court to appoint an auditor, Judge Bissoon denied that request and directed the parties to engage in standard discovery to be completed by November 23, 2018. 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. 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. 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. Berks County Department of Agriculture. As noted, Mr. Altomare states that he has expended some 1, 133.

171 at 10, n. In an attempt to retroactively reconstruct those time entries, Mr. Altomare claims that he used Mr. Rupert's time entries as a reference point for presumed consultation dates, billing 30 minutes for each presumptive consultation with Mr. As proof that he did not simply appropriate Mr. Rupert's entries, Mr. Altomare notes that his own records reflect an average of 3 consulting hours per month, whereas Mr. Rupert billed an average of 15 hours per month for the same clients. As stated by counsel for the objectors, "the original class is the class. With respect to the columns in Class Counsel's time sheets that contained the heading "Attention to" and entries for time billed by Class Counsel in reference to Mr. Rupert's clients, Mr. Altomare explained that those entries had nothing to do with Mr. Rupert's services to the named clients but instead represented "time spent by Class Counsel in consultation with Mr. Rupert... concerning the issues... brought to him by those persons. First, the Court finds that the proposed Supplemental Settlement is reasonable and adequate in light of potential costs, risks, and delay that the class would otherwise incur if litigation continued. 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. 003 Division of Interest in the class members' future royalty interests.

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