Shelly Nash Fitzgerald, as Trustee of the Nash Family Mineral Trust UTA dated October 27, 1992 v. Lime Rock Resources Operating Company, Inc.
Nash Trust Settlement
Case No. CJ-2017-31

Frequently Asked Questions

 

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  • This Class Action Litigation was filed in the District Court of Texas County, Oklahoma. The Class Representative on behalf of itself and similarly situated royalty owners asserted that Lime Rock underpaid royalties by taking deductions for fees and expenses, including fuel used, relating to the midstream post-production costs of gathering, compression, dehydration, treatment, processing, and marketing from January 1, 2014 through December 31, 2018. The full and other allegations made against Lime Rock are set out in the Settlement Agreement available to view on the Important Documents page.

    Lime Rock continues to deny all of the allegations of liability and damages and has asserted various defenses to the Class Representative's Claims and to the certification of the class.

  • A class action is a type of lawsuit in which a group of people collectively assert a common claim against a Defendant. The named Plaintiffs initiate the Lawsuit on behalf of other "similarly situated persons," also known as the "Proposed Class." The class action lawsuit permits damages and other relief to be considered without the necessity of each person incurring the expense of filing a separate lawsuit or joining in the Lawsuit. The orders and judgments in the case are then binding on all Class Members.

  • Defendant's records reflect that you are a member of the Settlement Class. Subject to certain exceptions, the Settlement Class includes:

    All royalty owners in Beaver, Texas, Harper, Ellis, Woods, and Woodward County Oklahoma wells marketed by and paid by Lime Rock Resources II-A, L.P. that have produced gas (including gas constituents such as residue gas, natural gas, natural gas liquids, or helium) from January 1, 2014 to December 31, 2018.

    These exceptions are further defined in FAQ 5 below.

  • Lime Rock will pay the sum of $1,700,000.00 (subject to adjustments set forth in the Settlement Agreement) to the Settlement Class as a full, complete, and final settlement of all Released Claims as to all Released Parties during the Released Period, as those terms are more specifically defined in the Settlement Agreement. Lime Rock shall not be liable to the Settlement Class, the Class Representative, or Settlement Class Counsel for any other costs, expenses or fees.

    Lime Rock and the Class Representative agree that the Settlement Proceeds, subject to adjustments for opt-outs and exclusions from the Class, shall be for the benefit of the Settlement Class, subject only to the court approved Class Counsel Fees and Expenses and Administration Expenses.

    When Lime Rock deposits the Settlement Proceeds into the Nash Trust Settlement Account, the Settlement Class and Class Representative shall be deemed to have fully, finally, and forever released, relinquished and discharged Lime Rock and the Released Parties for all Released Claims, again as those terms are defined in the Settlement Agreement.

    Lime Rock has asserted and continues to assert many defenses to the Class Representative's and Settlement Class' claims and contentions. Lime Rock expressly asserts its defenses have merit and that it has no liability to the Settlement Class or the Class Representative.

  • Yes, excluded from the class are:

    1. Office of Natural Resources Revenue f/k/a the Mineral Management Service (Indian tribes and the United States);
    2. Defendant, its affiliates, and its employees, officers, and directors;
    3. Any oil and gas exploration and production entities, and their affiliates; and
    4. Leases that contain clear and express language authorizing the deduction from royalty of "the cost incurred in processing, fathering, treating, compressing, dehydrating, transporting, and marketing, or otherwise making such gas or other substances ready for sale or use", "the costs incurred in delivering, processing, compressing or otherwise making such gas merchantable," or similar clear and express language.
  • Settlement Class Counsel has requested that the the Court (i) award Settlement Class Counsel an attorney's fee in an amount to be determined by the Court but not to exceed forty percent of the Settlement Proceeds; (ii) award the Class Representative a fee in an amount to be determined by the Court but not to exceed two (2) percent of the Settlement proceeds; and (iii) reimburse Class Counsel from the Settlement Proceeds for all litigation expenses paid by Settlement Class Counsel, including expert and consulting fees and other litigation expenses in amounts to be determined by the Court, and Settlement Administration Expenses advanced before the Settlement is finally approved. If the Court approves this request, said amounts will be deducted from the Settlement Proceeds before the Net Settlement Amount is calculated and Distribution Checks are mailed to Class Members.

  • The allocation of the Net Settlement Amount (as set forth in the "Plan of Allocation") shall be proportionately allocated among Class Members based upon the size of the royalty owner's interest, lease language, and volume of Lime Rock's gas produced from the owner's well from September 1, 2012-December 31, 2018. The Plan of Allocation is subject to Court approval. A draft of the Plan of Allocation is attached to the Settlement Agreement as Exhibit A, which is available to view on the Important Documents page.

  • You can participate in the Proposed Class Settlement by Doing Nothing.

    By taking no action, your interests will be represented by the Class Representative and Settlement Class Counsel. As a Class Member, you will be bound by the outcome of the Settlement, if finally approved by the Court. The Class Representative and Settlement Class Counsel believe that the Settlement is in the best interest of the Class, and, therefore, they intend to support the proposed Settlement at the Settlement Fairness Hearing.

  • The deadline to exclude yourself from the Settlement was April 1, 2019 and has passed.

  • The deadline to object to the Settlement was April 1, 2019 and has passed.

  • The Settlement Fairness Hearing will be held on April 24, 2019 beginning at 11:00 a.m., in the District Court for Texas County, Oklahoma, 319 N. Main Street. Guymon, OK 73942-4843.

    A Class Member who does not opt out does not need to appear at the Settlement Fairness Hearing or take any other action to participate in the Settlement.

  • If the Court does not approve the Settlement Agreement, or if the Court's order does not become Final and Non-Appealable, then the Settlement Agreement shall become null and void. If, for any reason, the Settlement Agreement becomes null and void, the parties will be restored to the positions they occupied prior to signing the Settlement Agreement, and the case will proceed as if the Settlement Agreement had not occurred.

  • The pleadings and other papers filed in the Action are available in the Office of the Clerk of the Court for the District Court of Texas County, Oklahoma, 319 N. Main St., Guymon, OK 73942-4843. You also may obtain a copy of the Petition and Settlement Agreement, as well as any status updates on this case website.

    Please do not call or write the judge or the clerk asking for information.

For More Information

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Mail

Nash Trust Settlement
c/o JND Legal Administration
PO Box 91248
Seattle, WA 98111