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Frequently Asked Questions
Following is a list of Frequently Asked Questions
"FAQs" (click on the question to see the answer)
1. Why did I receive Class notice?
2. What is this lawsuit about?
3. How do I know if I am part of the Class?
4. How do I remain a Class Member?
5. How do I get out of the Class?
6. Do I have a lawyer in this case?
7. What does the Proposed Settlement provide?
8. Can I object to or comment on the Proposed Settlement?
9. What happened at the Hearing on the Proposed Settlement?
10.When will payments be mailed?
11.How do I get more information about the class action?
1. Why did I receive Class notice?
Records show that you (or someone in your family) may have received a gas
royalty payment from Noble (either directly from Noble or from Duke) on gas
produced since January 1, 1997, from wells in the Greater Wattenberg Area
(located in Adams, Boulder, Broomfield, Larimer and Weld Counties of Colorado).
A previous notice was sent in connection with the certification for trial of
the class in Holman v. Patina Oil & Gas Corp. and SOCO Wattenberg Corp,
Case No. 03 CV 9. Because Patina recently merged with Noble Energy Production,
Inc., the Holman case is now known as Holman v. Noble Energy Production, Inc
.
The Court sent you the Class notice to inform you of a Proposed Settlement of
this class action which includes the Holman case and also the case of Wardell
Family Partnership v. Noble Energy, Inc., Noble Energy Production, Inc. and
SOCO Wattenberg Corp . Case No. 06 CV 734, Div. 4., which has been
consolidated with the Holman case. The Class notice outlines the terms of the
proposed Settlement, who is a Settlement Class Member, how Settlement monies
will be paid, and how to comment on or object to the Proposed Settlement.
Judge Daniel S. Maus of the Weld County District Court, Colorado, is overseeing
this class action.
The people who sued are called the “Plaintiffs,” and the companies they
sued are called the “Defendants.”
2. What is this lawsuit about?
The Plaintiffs claim that Noble has underpaid royalties relating to gas
produced by Noble from wells in the Greater Wattenberg Area in Colorado. The
lawsuit claims that Noble inappropriately deducted from royalties certain costs
Noble incurred to place the gas in a marketable condition and location. This
includes certain post-wellhead expenses such as gathering and processing costs.
The Plaintiffs asked Noble to pay money damages and to change its royalty
deduction practices. Noble denies the Plaintiffs’ claims but has agreed to
settle the class action because of the time and expense of continuing the
lawsuit.
3. How do I know if I am part of the Class?
Receiving the Class notice does not guarantee that you are a Settlement Class
Member and can get money from the proposed Settlement. The Settlement Class
includes:
All individuals and entities, private or public, to whom Noble
has paid or currently is paying Royalties (either directly or indirectly
through Duke and either on its own behalf or on behalf of Other Working
Interest Owners) under Leases on Natural Gas and Liquids produced since January
1, 1997, from wells located in Adams, Boulder, Broomfield, Larimer, and Weld
Counties, Colorado, according to the business records maintained by Noble.
Excluded from the Settlement Class are:
(a) The federal government;
(b) Legally recognized Indian tribes;
(c) Persons and entities who are
plaintiffs or parties to settlements in Ace Royalties, LLC, et al. v. Noble
Energy, Inc. and Noble Energy Production, Inc., Case No. 05-CV-5633 on the
docket of the District Court for the City and County of Denver, Colorado, or
are plaintiffs in Robert A. Davis, et. al. v. Patina Oil & Gas Corporation,
Case No. 05-CV-3377 on the docket of the District Court for the City and County
of Denver, Colorado;
(d) Persons and entities who own a working
interest in any well in the Subject Counties operated by Noble; and
(e) Any person who currently serves as a
judge in the Holman case, and their spouse.
Some persons included in the Settlement Class definition
may be deceased ("Deceased Class Members"). In order to assist the Settlement
Administrator in the allocation and distribution of monies attributable to the
interests of Deceased Class Members, the Class Notice is accompanied by an
Heirship/Beneficiary Information Form ("Heirship Form"). If a Settlement Class
Member believes that he or she is entitled to receive all, or some portion of
the Settlement monies allocable to a Deceased Class Member, then the Settlement
Class Member is requested, but not required, to mail to the Settlement
Administrator a completed Heirship Form.
Noble/Patina Gas Royalties Settlement Administrator
P.O Box 131
Minneapolis, MN 55440-0131
1-800-804-1830
If you are a Settlement Class Member and the Judge approves the
Proposed Settlement, you will be bound by all orders and judgments of the Court
and by the Court’s final resolution of the Settlement Class claims in the
Action.
If you have any additional questions about whether you are part
of the Class, please call (toll-free) 1-800-804-1830. Please do not contact the
Court or Noble.
4. How do I remain a Class Member?
You do not need to do anything at this time to remain a Class member. By doing
nothing and remaining a Class member, you will be bound by all orders and
judgments of the Court and by the Court’s final resolution of the Class claims
in the Action.
5. How do I get out of the Class?
To exclude yourself from the Settlement Class, you must send a letter
personally signed by you that includes all of the following:
-
Your name, address, and telephone number;
-
The name and number of the consolidated lawsuit:
Holman v. Noble Energy
Production, Inc., Case
No. 03 CV 9, Div 4,
Weld County, District Court, Colorado.
You can’t opt-out on the phone, by email, or at the website.
-
A
statement that you want to be excluded from the Settlement Class.
Your request for exclusion letter must be mailed first class, postage pre-paid,
postmarked on or before May 21, 2007, to:
Noble/Patina Gas Royalties Settlement Administrator
P.O Box 131
Minneapolis, MN 55440-0131
You cannot exclude yourself from only part of the Settlement or Settlement
Class. You must either remain a Settlement Class Member or exclude yourself
from the entire Settlement. Also, please remember that you can’t exclude
yourself by phone or by sending an email.
6. Do I have a lawyer in this case?
The Court has appointed the following law firms to represent the Settlement
Class:
-
Witwer, Oldenburg, Barry & Johnson, LLP, Greeley, CO
-
Lieff, Cabraser, Heimann & Bernstein, LLP, New York, NY
-
Daniel Coker Horton & Bell, P.A., Oxford, MS
-
Barrett Law Office, P.A., Lexington, MS
-
M. Stephen Dampier, P.C., Fairhope, AL
-
Taylor Martino Kuykendall, Mobile, AL
These lawyers are called “Class Counsel.” You do not have to pay Class Counsel.
If you want your own lawyer, and to have that lawyer appear in court, you may
hire one at your own expense.
7.What does the Proposed Settlement provide?
The Proposed Settlement provides for monetary relief for post-wellhead expense
deductions on production through December 31, 2007. All eligible Settlement
Class Members who have not opted out of the Settlement Class will receive a
pro-rata distribution of the Settlement Fund (based on royalty payments
received), valued at approximately $53 million before the deduction of
attorneys’ fees and expenses.
In addition, the Proposed Settlement provides for an increase
of Settlement Class members’ future royalty payments. Defendants currently
calculate Class Members’ royalty payments by deducting 100% of post-wellhead
expenses. Under the proposed Settlement, Defendants will, beginning with the
production month of January 2008, calculate royalty payments to Settlement
Class Members by deducting only 50% of post-wellhead expenses as specified in
the Settlement Agreement instead of the 100% deductions taken by Defendants in
the past.
In exchange for the benefits received by the Settlement Class,
Noble and the Other Working Interest Owners will be released from any and all
claims the Settlement Class Members may have against Noble and the Other
Working Interest Owners based on Noble’s calculation, payment and reporting of
royalties on gas produced by Noble from the Subject Counties.
8. Can I object to or comment on the Proposed
Settlement?
If you have comments about, or disagree with, any aspect of the Proposed
Settlement, including the requested attorneys’ fees, you may express your views
to the Court through a written response to the Proposed Settlement. Only
Settlement Class Members who have not opted-out can object or comment. The
written response should include your name, address, telephone number and a
brief explanation of your reasons for objection. The document must be signed to
ensure the Court’s review. The response must be postmarked on or before May 21,
2007 and mailed to:
Clerk of
Court
District Court, Weld County Colorado
P.O. Box 2038
Greeley, CO 80632-2038
The response must also be mailed to the following attorneys:
Larry
D.Moffett David
Stellings
Daniel Coker Horton & Bell,
P.A. Lieff,
Cabraser, Heimann &
Bernstein, LLP
P.O Box
1396 780
Third Avenue, 48th Floor
Oxford, MS
38655-1396
New
York,
NY
10017-2024
Michael J. Gallagher
Davis Graham & Stubbs LLP
1550 Seventeenth Street, Suite
500
Denver,Colorado 80202
In addition, your document must clearly state that it relates to the following
Civil Action Number: 03 CV 9, Div 4.
9. What happened at the Hearing on the Proposed
Settlement?
The Court held a Final Approval Hearing on June 11, 2007 to consider whether
the Proposed Settlement is fair, reasonable, and adequate. At the Hearing, the
Court approved the Proposed Settlement and the motion for attorneys’ fees and
expenses. If comments or objections have been received, the Court will consider
them at this time.
10. When will Payments be mailed?
If there are no appeals, Payments will be mailed to eligible class members
within the next few months.
11. How do I get more information about the
class action?
The Class notice summarizes the Proposed Settlement and your rights and options
as a Settlement Class Member. More
information is available on this website, or you may
call 1-800-804-1830, or write to:
Noble/Patina Gas Royalties Settlement Administrator
P.O Box 131
Minneapolis, MN 55440-0131
This website contains many court documents including: the Settlement Agreement,
the Complaint, the Defendants’ Answer, and the Order preliminarily approving
the Settlement and provisionally certifying the Settlement Class. This website
also includes a list of frequently asked questions and answers and other
information or messages about the proposed Settlement.
If you have a question about whether or not you are in the Settlement Class, or
about your rights and options as a Settlement Class Member, you may contact the
Class Counsel at:
Larry Moffett, (662) 232-8979, lmoffett@danielcoker.com or David Stellings,
(212) 355-9500, dstellings@lchb.com.
All court records may be examined in person and copied at the Clerk’s Office,
Weld County District Court, 901 9th Avenue, Greeley, Colorado 80631.
PLEASE DO NOT CONTACT THE COURT OR NOBLE.
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