Westchester County Business Journal 060115 By Wag Magazine — Oakland Unified School District / Homepage

Wednesday, 31 July 2024

Pursuant to the Court's May 22, 2019 Order, on May 31, 2019, Range mailed the Notice of Supplemental Agreement and Stipulation of Settlement ("Notice of Supplemental Agreement"), attached to the ECF No. Insofar as the Class sought to recoup its shortfalls under Federal Rule of Civil Procedure 60, Range had a plausible argument that relief could only be sought under Rule 60(b) because the Order Amending Leases affected the substantive rights of class members and because resolving the MCF/MMBTU discrepancy would require evidence outside of the record. On February 1, 2019, Mr. Altomare emailed Mr. 6 million paid to paula marburger dodge. Rupert to inform him of the settlement ECF No. And most saliently, Class Counsel's failure to act on the MCF/MMBTU issue in a more timely and diligent manner significantly disadvantaged the class by delaying resolution of the parties' underlying accounting dispute, thereby compounding the amount of the class members' potential damages. As the Court has observed, the litigation concerns complex issues related to the calculation of royalties under oil and gas leases.

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To the extent heightened scrutiny of the Supplemental Settlement is warranted, the Court is satisfied that Class Counsel ultimately obtained sufficient formal and informal discovery to fairly evaluate the strengths and weaknesses of the claims asserted in the Motion to Enforce. Whitten's job duties include overseeing the management of Range's master computer files for owner set-up and interest percentage participation in wells, information that is used for the distribution of revenues. On balance, the Court's Girsh analysis counsels in favor of approving the Supplemental Settlement. " In their operative pleading, ECF No. Altomare's total requested fee award thus approximates $5, 062, 270. 00, calculated as follows: See ECF No. $726 million paid to paula marburger in houston. First, the Supplemental Settlement would provide prospective relief through the amendment of class members' leases to correct the MCF/MMBTU discrepancy. Nevertheless, Mr. Altomare insisted that his requested fee is otherwise justified by the future benefits that the Supplemental Settlement Agreement will confer upon those who hold royalty interests in shale gas wells. He claimed that many time entries listed on Mr. Altomare's revised client statement were his own and not Mr. Altomare's.

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Nor does this result violate the requirement of due process. D. Equitable Treatment of Class Members. The remainder of Class Counsel's efforts were spent investigating claims that Mr. Altomare ultimately found to be meritless, unactionable, or otherwise not worth pursuing when weighed against the prospect of a substantial settlement. Tax Sale Information. "Final Disposition Date" is defined as either the date of the Final Order of Court or, if there is an objection and appeal, the date of any resolution of an appeal affirming this Court's Final Order. When called upon to make such a decision, the court must "independently and objectively analyze the evidence and circumstances before it in order to determine whether the settlement is in the best interest of those whose claims will be extinguished. " In re Rite Aid Corp. 3d at 300 (internal quotation marks and citation omitted). The timing of payment to class members is also adequate. With regard to any increases in future royalty payments to class members, Mr. Altomare states that he is "willing to limit his request" to a ten-year period, but he requests that he be awarded twenty percent (20%) of these future benefits "as and when they monthly accrue. On September 11, 2018, while discovery was proceeding, Plaintiffs filed a motion pursuant to Rule 60(a) of the Federal Rules of Civil Procedure ("Rule 60(a) Motion"). Court of Appeals for the Third Circuit has adopted a "balancing approach" to analyzing motions for disqualification of class counsel based on alleged conflicts of interest. 6 million paid to paula marburger williston. Only a small percentage of class members have objected, albeit passionately, to the settlement and the fee request. "The decision of whether to approve a proposed settlement of a class action is left to the sound discretion of the district court. " 25 figure by adding in one half of the hours he originally spent litigating the class claims.

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Mr. Rupert also attested that, after reviewing Mr. Altomare's application for attorney fees and supporting billing statement, he discovered that "many of the time entries submitted by Attorney Altomare appeared to be taken from the Rupert Time Detail [he] had previously submitted to Attorney Altomare. Furthermore, the Class believes that the charge for Purchased Fuel results in a double deduction for the same fuel. The Aten Objectors' third suggestion is that the Court should certify a new class. "[T]he focus at this point is on the actual performance of counsel acting on behalf of the class. Rupert asserted that Range over-deducted gathering and transporting costs for NGLs during the month of March 2018. The Court is satisfied that it does. Notably, even after Mr. Altomare recalculated class damages and concluded that $14. Rule 23(e)(2)(D) requires that the Court consider whether the proposed Supplemental Settlement treats class members equitably relative to each other. At the fairness hearing, Mr. Altomare cross-examined Ms. Whitten concerning these assertions. The lodestar approach entails multiplying the number of hours that the lawyer reasonably spent working on the client's case by a reasonable hourly billing rate for such services in light of the relevant geographical area, the nature of the services provided, and the experience of the lawyer. This is appropriate inasmuch as oil and gas development is not static and, as Range explains, a lease that is currently associated only with conventional oil and gas development may be associated at a later point with shale gas development. Here, the Aten Objectors have expressed concern about whether class members received adequate notice of the proposed Supplemental Settlement so as to satisfy the requirements of due process.

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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. 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. 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. 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.

Mr. Altomare suggests in his filings that he was actually undercompensated in 2011 to the extent that he inadvertently utilized a $250 hourly rate, instead of his current hourly rate of $475. 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. 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. Next, the Court considers the adequacy of the proposed relief in light of "any agreement required to be identified under Rule 23(e)(3). " Accordingly, the Court concurs with the objectors' position that Mr. Altomare's requested fee is not commensurate with the benefits achieved through the settlement and, if approved, would unfairly dilute the class's recovery. The Court also notes that the requested prospective fee award is contrary to the terms of the Supplemental Settlement Agreement. 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. Prospectively, the Class can expect to benefit from increased future royalties. 75 hours prosecuting the claims in the Motion to Enforce and the Class's Rule 60(a) motion and negotiating the Supplemental Settlement Agreement.

Veteran Crisis Line 988 Then Press 1. Range's attorneys also permitted Mr. Altomare to speak directly to Ms. Whitten so that the parties could work toward a common understanding of the shortfalls that had resulted from the MCF/MMBTU differential. The Aten Objectors strongly object to Class Counsel's fee request on the grounds that it unfairly dilutes the Class's recovery and is not commensurate with either Mr. Altomare's performance as Class Counsel or the results he has achieved for the Class. Please feel free to explore our new website and update any bookmarks you may have in your browser. The Class believes that the gross proceeds reflected in the Statements are actually already net of the stripping. In this case, thousands of class members will receive pro rata payments from the settlement fund based upon the volume of the shale gas production that was attributable to their respective royalty interest from March 2011 through the "Final Disposition Date" of the settlement. The objectors have suggested that more discovery is needed in order to properly prosecute the class claims, including depositions to test the sufficiency of Range's prior disclosures. As discussed at greater length herein, this consideration strongly informs the Court's determination of a proper fee award and is a major factor justifying the Court's refusal to grant Class Counsel his requested fee. In re Nat'l Football League Players Concussion Injury Litig., 821 F. 3d 410, 435 (3d Cir. Range nevertheless deducts such charges a second time (denominated in Range's Statements as "PHI-Proc Fee"). Thereafter, Mr. Altomare served two sets of requests for production of documents.

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. If a class member is party to a lease that Range transferred to another operator at some point prior to January 2019, the revised Order Amending Leases (and the future benefits therefrom) would not apply to such lease. The Order Amending Leases was to follow suit [see proposed order at Doc 71-1, Ex "D"]. The risks to the class of establishing liability and damages are factors that also support the settlement. 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. For the reasons that follow, the Joint Motion for Approval of Supplemental Agreement and Stipulation of Settlement will be granted. As a prospective measure, Range Resources would adopt the formula for calculating future PPC caps for shale gas that was set forth in the Original Settlement Agreement, using MCFs as the relevant volumetric measurement, rather than MMBTUs. The parties have represented that this information contained approximately 12 million data points. First Class Mail, to the addresses Range had in its records for all 11, 882 Class Members.

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Nimitz Freeway – WWII admiral Chester Nimitz (he spent time in Oak Knoll Naval Hospital, but has no other Oakland connections I know of). Saroni Dr. - developer Louis Saroni (src). By Car: Take Interstate 880 North to the Broadway exit, right on Broadway, turn right onto 11th Street, and left onto Franklin Street. Capell Street - J. R. Capell, Progressive Party candidate in 1896 (src).

Penniman Ave. - probably H. P. Penniman, who owned land there c. 1888. In Sequoyah Hills which located in the Oakland Hills above 580, off of Keller Avenue, directly below Skyline Blvd. Admissions DaySaturday, September 9, 2023Closed All Day. Log into your mailbox and choose how to handle each mail piece; you can open & scan it, forward, archive, or shred and recycle it – the choice is yours.

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Cost of home ownership. Public Middle & High School. Dowling St. - Richard Dowling, property owner (src). According to Peter T. Conmy, this was to honor General William Rufus Shafter from the Civil War and the Spanish-American War. Pilot Jimmy Doolittle. 77 out of 100 BikeScore® Rating. Museum Holiday schedule. Free Professional Photos. The UPS Store | Get Mailbox Services Here > 4096 Piedmont Ave. INDULGE IN MERRIMENTFine dining, nightlife and boutiques are outside our door in festive Jack London Square, a popular destination for locals and travelers. Those parking before 8 am and leaving before 10 am will pay the regular incremental rate.

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Gardens at Lake Merrit4. So the numbered streets go from 1st Street (Embarcadero) at Jack London Square to 67th Street at the Berkeley border. César Chávez DayFriday, March 31, 2023Closed All Day. Median Household Income||$110, 823|. Nearby Recently Sold Homes. Selling with Traditional Agent Selling with Redfin Agent. See the April 10, 1907 article below for more information. You can select the state, or fill in the city or zipcode to generate. You can also lookup telephone numbers in the County Telephone Directory. The location of our downtown Oakland apartments puts you within walking distance to a variety of dining, entertainment, outdoor spaces, and the 12th Street BART Station is a short 5 minute walk and downtown San Francisco is an easy commute down I-80 and the San Francisco/Oakland Bay Bridge.

Juneteenth National Independence DayMonday, June 19, 2023Closed All Day.