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Thus, the total estimated value of Mr. Altomare's initial attorney fee award in 2011 was $4, 650, 382. at 12-13. $726 million paid to paula marburger in houston. "The decision of whether to approve a proposed settlement of a class action is left to the sound discretion of the district court. " 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 following procedures apply: (1) The court must direct notice in a reasonable manner to all class members who would be bound by the proposal. The Court finds that this timetable for payment is reasonably expeditious and supports the adequacy of the relief afforded under the Supplemental Settlement.
The Court first considers whether it should accord an initial presumption of fairness to the Supplemental Settlement. Range previously moved to strike Mr. Rupert's affidavit, arguing (among other things) that Mr. Rupert's methodology for calculating damages is fatally flawed. "'(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. '" Ms. Whitten manages Range Resource's Land Administration Department, which maintains the internal computer files that pertain to the payment of royalties. $726 million paid to paula marburger school. 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. Although Range disclosed a vast amount of raw data in support of its royalty shortfall calculations, Mr. Altomare would not commit to formal mediation until he felt comfortable that he understood Range's accounting methodology and the data points underlying Range's estimates.
Apply For... Bingo License. An objection filed by Edward Zdarko, ECF No. There a "strong judicial policy" in favor of class action settlements, Ehrheart v. Verizon Wireless, 609 F. 3d 590, 594-95 (3d Cir. Of the 11, 593 class members who were sent notice of the proposed settlement, fewer than 55 have objected, amounting to less than ½ of one percent of the class. 0033, such that the collective class share of future royalties diverted to Mr. Altomare would amount to a twenty percent (20%) fee. Two of these proposed alternatives -- voiding the release clause in the Supplemental Settlement Agreement and/or allowing objectors to opt out of the settlement -- have already been discussed and rejected. With respect to costs attributable to the transportation of NGLs, Range took the position that it was entitled to deduct these costs without regard to the PPC cap due to a distinction in the Original Settlement Agreement between NGLs and gas. Thus, successors and assigns are technically included as members of the class that Judge McLaughlin certified. First, the Court does not agree that 2, 721. In response to the affidavit of Ryan Rupert, Mr. 6 million paid to paula marburger now. Altomare adamantly denied that he committed any type of fraud with respect to his billing submissions. As discussed below, these considerations significantly inform the Court's analysis of Class Counsel's fee application. Juvenile Probation Office. In this case, however, a meaningful lodestar cross-check is all but impossible for at least two reasons. Altomare indicated that he planned to submit an invoice to the Court for Mr. Rupert's services but felt uncomfortable with the billing statement that Mr. Rupert had provided, "as the total seem[ed] much to high" to "adequately justify to the court.
But in view of the fact that Class Counsel's own conduct significantly complicated the calculation of class damages and exacerbated the risk of nonpayment, a significantly reduced multiplier is warranted in this case. This, of course, will result in significant expense. E. The Filing of Objections. Plaintiff's Motion to Enforce the Original Settlement Agreement. Moreover, there is seemingly no way around this conundrum, as Range no longer owns an interest in certain properties subject to transferred leases, and it cannot settle claims that relate to interests it no longer owns. Finally, the Court must account for the fact that Mr. Altomare timely litigated the FCI claim and achieved a prospective benefit for the class in terms of effectuating a prospective change in Range's accounting practices. Range was able to successfully locate new addresses for, and re-send Notices of Supplemental Agreement to, 102 of these Class Members. The Class is represented by Joseph E. Altomare, who is well known to the Court and has practiced oil and gas law for over forty years. 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. In addition, the Court accepted post-hearing submissions by all parties and remaining objectors. 2010); see also Evans v. Jeff D., 475 U. 171 at 7-8 (emphasis in the original).
Rupert stated that the time entry for the "Whittingtons" referenced a file path name that actually came from his own computer. The Court also notes that the requested prospective fee award is contrary to the terms of the Supplemental Settlement Agreement. Altomare further posited that his consult estimations are consistent with Mr. Rupert's own invoice to Class Counsel because, "if Mr. Rupert were charging counsel for his work with those individuals, surely there had to be a corresponding consult [with Mr. Altomare]. 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. In re Google Inc. 3d at 331. Through the exchange of information, the parties were able to arrive at a narrower and, presumably, more accurate range of estimated class damages relative to that particular claim. See Devlin v. Scardelletti, 536 U. The Class believes that the gross proceeds reflected in the Statements are actually already net of the stripping.
At the fairness hearing, Mr. Altomare cross-examined Ms. Whitten concerning these assertions. The Motion to Enforce was assigned to the Honorable Cathy Bissoon, who denied Plaintiffs' request for a court-appointed auditor but granted the parties a 120-day period of discovery for the purpose of developing the evidentiary record relative to numerous factual issues raised by Plaintiffs' allegations. Under Mr. Altomare's model, each class member's respective DOI would be reduced by. We Welcome You to Berks County. Of Reed Smith LLP and Attorney Kevin C. Abbott, both of whom have extensive experience in oil and gas matters and have tried and settled similar class actions, including the settlement of royalty claims in this district.
The Aten Objectors, however, have also asserted a jurisdictional challenge on the grounds that the "class, " as contemplated by the Supplemental Settlement, is not the same "class" that was certified by Judge McLaughlin in connection with the Original Settlement Agreement. Having been presented with no persuasive authority in support of the Aten Objectors' request, the Court declines to certify a new settlement class. Altomare's involvement in oil and gas cases includes numerous civil actions litigated within this jurisdiction, including other class actions. For all of the foregoing reasons, the Court concludes that an award of prospective attorney's fees calculated as a percentage of future royalties is inappropriate. An exhibit to Mr. Rupert's affidavit showed that, on January 9, 2018, Mr. Altomare asked Mr. Rupert to provide time sheets for all of his work on the case so that Mr. Altomare could submit an invoice to the Court on Mr. Rupert's behalf. 72 would apply to both dry and wet shale gas (when a $0. Practically speaking, this would entail Mr. Altomare receiving a. Additional discovery and litigation is also likely to be costly, given the specialized accounting matters at issue, the number of years in question, and the size of the class. Acknowledging this error, Mr. Altomare has since submitted a revised "division order" which would apply only to class members who receive royalties from shale wells. Although the $12 million settlement fund is not strictly attributable to the MCF/MMBTU claim alone, that amount substantially meets, and potentially exceeds, the amount of class-wide damages stemming from the MCF/MMBTU shortfall. Range was unable to locate addresses for the remaining Class Members.
The Court declines to adopt this computation. 2:15-cv-910 (W. D. Pa. ). This issue was addressed but not disposed of by the Court [Opinion, Doc. Along the way, Range essentially made full disclosure of its accounting methodologies, as well as its underlying source data.
As part of the post-fairness hearing briefing, the Court asked the parties to address this issue. Rupert stated that, to the best of his knowledge, Mr. Altomare never met with or spoke to Mr. Knestrick. 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. 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. At 85, Mr. Rupert claims those conversations did "[n]ot really [go] anywhere. This supplemental briefing has since been received and reviewed by the Court. Subscribe to ITB/RFP alerts. The Court is not persuaded that additional compensation for those hours is appropriate at this juncture.
Altomare acknowledged that his billing entries were not based upon contemporaneous time records; he explained that "the substance of each consultation with Mr. Rupert inevitably immediately triggered additional time spent and recorded for the class itself, " and "Counsel did not have the presence of mind to record the date and time of each of the consults which spawned that work. V. XTO Energy Inc., Case No. 93, claiming that Range Resources had intentionally violated its terms by underpaying royalties through the use of various "artifices. " Pennsylvania State Website.
See In re Baby Prods. 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 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. Class Counsel's second request sought statements and records related to Range's "TAI-Transport, " "PHI-Proc Fee" and "PFC-Purchased Fuel" deductions, information pertaining to Range's use of fuel in connection with processing gas at the well sites, and records showing the extent to which Range reduced the volume of gas and NGLs sold based on certain of these deductions. Community Development. 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. 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. After receiving notice of the proposed Supplemental Settlement, the Court scheduled a fairness hearing for August 14, 2019 and directed Range Resources to mail notice of the proposed settlement to class members at least sixty days in advance of the hearing. On September 17, 2018, while the Rule 60(a) Motion was being briefed, the case was transferred to the undersigned. 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. Vi) Issuing complex and confusing royalty statements. In addition, Mr. Rupert recalled that his initial contact with Mr. Altomare occurred in April 2014; he therefore posited that all of the billing entries Mr. Altomare listed in his revised statement relative to conferences that allegedly occurred between Mr. Rupert and Mr. Altomare prior to April 2014 cannot be accurate. And, in addition to making the settlement payment, Range is foregoing potential defenses that might substantially reduce or even eliminate its exposure to damages in this case.
In terms of class reaction, less than one percent of the class members have objected to the Supplemental Settlement, which affords both retroactive and prospective relief. Furthermore, the Class believes that the charge for Purchased Fuel results in a double deduction for the same fuel. 5 percent of Class No. During this time, Mr. Altomare claims to have spent 1, 133. Looking for something from our old site?
And even if a full analysis and computation of additional class-wide damages could be conducted solely on the basis of the electronic data that Mr. Altomare has already obtained, this would still be an expensive and time-consuming undertaking, given the size of the class and the number of payment months at issue. 7 yields a cross-check figure of $376, 971, which is generally in line with the percentage-of-recovery that the Court deems appropriate in this case.