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In response to the affidavit of Ryan Rupert, Mr. Altomare adamantly denied that he committed any type of fraud with respect to his billing submissions. As Range lacks the staff to dedicate employees to a short-term project of this magnitude, it would have to hire outside contractors, who will charge significant fees, to accomplish these changes. Arguably, Mr. Altomare should have been aware of the discrepancy in the Order Amending Leases when it was filed on March 17, 2011, as that issue had previously been raised at the fairness hearing. They cite, for example, Mr. Altomare's apparent unawareness that Range reported both MMBTU and MCF figures on its statements. In assessing the 2011 fee request, the Court acknowledged that it was "impossible... to establish the appropriate multiplier... with absolute certainty" because no one could know for sure how many hours Mr. Altomare would have to expend in the future working on the case, nor how much he would earn in future fees from the class members' respective gas royalties. 6 million paid to paula marburger hot. One objection lodged by Edward Zdarko was later withdrawn, with the approval of the undersigned. They maintain that the Supplemental Settlement does not deliver any tangible benefit to the Class on the other issues that would be forever waived by virtue of the release provision.

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Contact our webmaster. Range was unable to locate addresses for the remaining Class Members. The release provision at issue is broad and requires class members to forego, in essence, any claim that could conceivably have been asserted as of the date of the Court's approval of the Supplemental Settlement Agreement, to the extent such claims "aris[e] out of the facts giving rise to the Motion to Enforce. 6 million paid to paula marburger 2. The Court declines to do so, as it perceives no jurisdictional necessity for recertification, and it is not clear that the class as a whole (however defined) would benefit appreciably from such measures.

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. Berks County Department of Agriculture. The Court also credits Range's assertion that the "division order" contemplated by Mr. Altomare would impose a substantial administrative burden on Range which it did not agree to assume. Counsel found this defense to be meritorious. The Court is satisfied that this result does not violate the due process rights of the Aten Objectors or any other royalty interest holder who may have succeeded to the rights of original class members. 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. $726 million paid to paula marburger in houston. ") 84, ¶1 at 3-4; ECF No. Based on his representation that he has expended 4, 258. Along the way, Range essentially made full disclosure of its accounting methodologies, as well as its underlying source data. 126 at 5 and 126-1, ¶¶ 11-13.

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And even if the Court were to determine that the motion was properly and timely asserted under Rule 60(a), Range could plausibly argue that it would be inequitable for Range to be required to pay seven years' worth of back-damages. Again, no burden is placed on class members. Consequently, the Court finds by a preponderance of evidence that a presumption of fairness should be accorded to the proposed Supplemental Settlement. The payments will be automatically calculated and mailed by Range, without any further action required on the part of the class members.

Relevantly, Range has submitted an affidavit from Ms. Whitten, dated July 25, 2019, wherein Ms. Whitten explains this additional burden, as follows: [] Every well has a division of interest schedule (DOI) listing all owners in each well and their proportionate share of the revenues and deductions attributable to the well. Under Rule 23(e)(2)(A), the Court must consider whether the class representatives and class counsel have adequately represented the class. In both the Motion to Enforce and the Rule 60(a) Motion, Mr. Altomare vigorously argued the class's claims. 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). Elsewhere, they note that Mr. Altomare initially misapplied the PPC cap applicable to wet shale gas when computing class damages. The timing of payment to class members is also adequate. Defendants had already stopped the practice and credited the class members for the overcharges. 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. Both the proposed settlement and the supplemental fee petition have been subjected to heightened scrutiny in light of the objectors' allegations. Thus, none of the "losing" class members have objected, despite being sent notices of the Supplemental Settlement. 2(C) of the Settlement Agreement, supra, the Class royalty on the sale of natural gas liquids ("NGLs")[, ] which are stripped and sold separately from the gas, is to be calculated by deducting the stripping facility's charges for processing from the gross proceeds of such sales.

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The Supplemental Settlement therefore provides for a cash payment to class members who previously received allegedly deficient royalty payments associated with shale gas production. In a brief filed on November 9, 2018, Mr. Altomare explained that, notwithstanding Range's disclosure of raw data, he was unable to verify Range's accounting methods without additional information pertaining to "Unit Acreage, " "Owner Acreage, " and "Lease Royalty [Percentages]. 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. Range would then have to undertake a similar process to restore the original royalty interests of all class members. Class Counsel's request for such fees will therefore be denied. See In re: Google Inc. Cookie Placement Consumer Privacy Litig., 934 F. 3d 316, 324 n. 6 (3d Cir. As is set forth in the fee application, however, Class Counsel has requested an award of twenty percent (20%) of the common fund, or $2. Altomare's involvement in oil and gas cases includes numerous civil actions litigated within this jurisdiction, including other class actions. The notice states that, apart from his request for 20 percent of the $12 million fund, "Class Counsel will additionally request a fee relating to the future benefits to the class. See In re Baby Prods.

"[T]he focus at this point is on the actual performance of counsel acting on behalf of the class. For which mailings were returned are deceased. In addition, an online link to the Supplemental Settlement Agreement was provided in the notice that was sent to class members. In re Google Inc. 3d at 331. 75 million, or $437, 500), plus a percentage of the class members' royalties over the ensuing five-year period. Health and Human Services. As the Bigley Objectors observe, class counsel should generally be removed only in exceptional circumstances. See In re AT & T Corp., 455 F. 3d 160, 165 (3 Cir. More recently, it says it no longer uses wellhead gas and rather purchases fuel for such purpose and has begun to deduct that expense from the royalty (denominated in Range's Statements as "PFC-Purchased Fuel") without including such cost in its Cap calculations.

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The Court finds that the attorneys advocating for approval of the Supplemental Settlement are experienced in the field of oil and gas law. 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. Like to get better recommendations. 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. A recitation of the relevant procedural history follows. First, it argued that Mr. Altomare's request is inconsistent with the terms of the parties' settlement agreement, wherein Class Counsel agreed to a one-time payment of $12 million, less Mr. Altomare's fees and costs.

Among the clients whom Mr. Rupert advises is Linda Shaw, a Bigley Objector who appeared at the fairness hearing and offered into evidence several of her family's royalty statements. H. Post-Hearing Filings. As discussed herein, various objections were received by the Court; all have been thoroughly reviewed and considered. D. Equitable Treatment of Class Members. 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. 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. Altomare suggests that the Court apply a multiplier of 3.

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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]. In re AT & T Corp., 455 F. 3d at 166 (citations omitted). Stated differently, the Aten Objectors contend that the Supplement Settlement is unsupported by consideration. Finally, Mr. Altomare maintained that any allegation of fraud is belied by the fact that, in submitting his billing records, he "voluntarily and considerably, reduced his hours. " Mr. Rupert also testified about various inaccuracies he perceived in Mr. Altomare's revised billing statement, which had been submitted to the Court as an exhibit to ECF No. First, the value of the increased royalties that class members will receive in perpetuity is inherently imprecise due to factors such as the unknown productive life of the wells in question and the vagaries of market fluctuations. Any doubts about Class Counsel's zealousness are further allayed by the fact that both the Motion to Enforce and the Class's Rule 60(a) motion included a request that Range be sanctioned for its conduct toward the class. For these reasons, Mr. Altomare's Application for Supplemental Attorney Fees will be granted to the extent that he will be awarded $360, 000 from the common settlement fund. 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. Mr. Rupert also attested that he had reviewed Class Counsel's Application for Supplemental Attorney Fees and came to suspect that many of Mr. Altomare's time entries had been taken from Mr. Rupert's own billing statements. In fact, the record shows that this dialogue was ongoing even before Class Counsel filed the Motion to Enforce, as various issues were hashed out between Mr. Altomare and Range's agents on an ad hoc basis, often with the input of Mr. Rupert. 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. Although he and Mr. Altomare had a telephone conversation about the matter, Id. However, they do not alter the Court's conclusion that Mr. Altomare adequately investigated, litigated and negotiated the claims asserted in Motion to Enforce and the Rule 60(a) motion.

Berks County Resources. Prudential" and "Baby Powder" Factors. After unsuccessfully requesting a court-appointed auditor, he advocated for a broad scope of discovery and obtained voluminous electronic data relative to Range's royalty payments for every class member over a seven-year period. These objectors lodged the following arguments. In terms of delay, the Court notes that the disputes at issue in the proposed Supplemental Settlement date back to events that started in 2011. The DOI schedule would need to be manipulated to deduct the percentage from each landowner and add a line of detail for class counsel with the combined interest at the well level.

On October 22, 2018, after the case was transferred to the undersigned, Range filed a motion seeking the appointment of a mediator to assist the parties in resolving their dispute. This factor favors approval of the settlement. Here, both Range and Class Counsel acknowledge that the MCF/MMBTU shortfall was the class's primary claim in this phase of the litigation. Industrial Development Authority. A Death Certificate.

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