Beer v. XTO: Class Action Information
IN THE UNITED STATES DISTRICT COURT OF THE
WESTERN DISTRICT OF
|
LADENE RAMSEY BEER, and KATHERINE K. BOECK,
XTO ENERGY INC. f/k/a CROSS TIMBERS OIL COMPANY, a Delaware Corp. |
) ) ) ) ) Case No.: CIV-07-798-L ) ) ) ) |
NOTICE OF CERTIFICATION OF CLASS ACTION
AGAINST DEFENDANT XTO ENERGY INC.
_______________________________________________________________________
TO: THE POTENTIAL MEMBERS OF THE CERTIFIED CLASS
IF YOU HAVE RECEIVED ROYALTY PAYMENTS FROM XTO ENERGY INC. F/K/A CROSS TIMBERS OIL COMPANY (“XTO”) ON AN XTO-OPERATED GAS WELL LOCATED IN
A CLASS ACTION HAS BEEN CERTIFIED IN A PENDING LAWSUIT AGAINST DEFENDANT XTO. THE CLASS ACTION LAWSUIT (THE “LAWSUIT”) SEEKS AN ACCOUNTING AND, IF IMPROPER PAYMENT IS ESTABLISHED, DAMAGES AND OTHER APPLICABLE RELIEF ASSOCIATED WITH THE ALLEGED UNDERPAYMENT OF ROYALTIES BY XTO. THE LAWSUIT IS PENDING IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF
THE COURT HAS NOT RULED ON THE MERITS OF THE CLAIMS ASSERTED BY THE PLAINTIFFS, OR THE AFFIRMATIVE DEFENSES ASSERTED BY DEFENDANT XTO.
PLEASE READ THIS NOTICE CAREFULLY
1. Why Is This Notice Being Sent To You?
You are being sent this Notice because you may be a member of the Class in the Lawsuit as described below. XTO’s records reflect that you have been paid natural gas royalties on natural gas produced from an XTO-operated well(s) located in
2. The Lawsuit: Beer v. XTO
The Lawsuit is pending in the United States District Court for the Western District of Oklahoma and is captioned as Ladene Ramsey Beer and Katherine K. Boeck v. XTO Energy Inc. f/k/a Cross Timbers Oil Company (Case No. CIV-07-798-L). Judge Tim Leonard is overseeing the Lawsuit. On March 20, 2009, Judge Leonard entered an Order certifying the Lawsuit as a class action.
3. The Class. The Order certifying the Lawsuit as a class action defined the Class as follows:
Nongovernmental royalty owners who, during Relevant Times, received payments based on production from an XTO-operated well for which the production is processed in Timberland’s Tyrone natural gas processing plant.
a.
b.
As used in the class definitions, “Relevant Times” means the following: (1) for members of the Kansas Subclass, for a period at least as early as March 25, 1997 to present; (2) for members of the Oklahoma Subclass, (a) for a period from July 1, 2002 to present for those bound by the Booth settlement, and (b) for a period from March 25, 1997 to present for those who opted out of the Booth settlement.
Judge Leonard’s Order certifying the Class appointed the attorneys for the Plaintiffs to act as the attorneys for the Class (“Class Counsel”). The names and addresses of the Class Counsel are listed in Section 9 of this Notice.
4. What Is A Class Action?
A class action is a type of lawsuit in which the named plaintiffs bring a suit on behalf of other similarly situated persons seeking to recover damages and other relief on behalf of other persons they represent, without the necessity of each person incurring the expense of filing a separate lawsuit, or joining in the lawsuit. Class actions are brought when issues of fact or law are common, making it fair to bind all Class members to the orders and judgments in the case, without the necessity of litigating multiple lawsuits involving similar claims.
5. What Is The Lawsuit Against XTO About?
The Lawsuit against XTO seeks an accounting and, if improper payment is established, damages and other applicable relief associated with the alleged underpayment of royalties by XTO to the Class on production from XTO operated wells located in Texas County, Oklahoma, and Stevens or Seward County, Kansas, and connected to the Timberland Gathering System which is processed through a plant located near Tyrone, Oklahoma owned and operated by XTO’s wholly-owned subsidiary, Timberland.
Plaintiffs claim that XTO has underpaid royalties by improperly basing royalty payments on a “sale” from XTO to its wholly-owned subsidiary, Timberland. Further, plaintiffs claim XTO ultimately pays 15% or 20% less than the price its wholly-owned subsidiary, Timberland, received.
XTO denies Plaintiffs’ claims, and denies any liability to Plaintiffs or to any members of the Class. XTO contends: that it calculated and paid royalties in conformance with the terms of its leases, that the natural gas was and is marketable at the wellhead, and that it calculated, and that it paid royalties based upon all proceeds received by XTO from the sale of gas, without taking any deductions.
A more complete description of the Lawsuit, its status, and the rulings made in the Lawsuit are available in the pleadings and other papers maintained by the United States District Court Clerk for the Western District of Oklahoma located at 1210 U.S. Courthouse,
6. Who is Included?
If you are a Non governmental royalty owner who during “Relevant Times” (as defined in Section 3) received payments based on production from an XTO operated well located in Texas County, Oklahoma, or Stevens or Seward County, Kansas connected to the Timberland Gathering System, which is processed through Timberland’s Tyrone natural gas processing plant, you may be a Class Member.
7. Remaining A Member Of The Class.
If you choose to remain a Class member, YOU DO NOT NEED TO TAKE ANY ACTION WHATSOEVER. Class Counsel will represent your interests as a member of the Class. You will not be charged for their services or costs, other than as may be deducted from any settlement amount or judgment, as approved by the Court. You also have the option of entering your appearance in the Lawsuit through your own counsel, at your sole cost, if you so desire. However, you will be bound by the result of the Lawsuit, regardless of the outcome, even if no recovery is had. Class members will be barred from bringing any separate legal action against XTO for the claims described in this Notice. If you remain a member of the Class, you will receive notices of, and may participate in, any monetary damages or other relief obtained on behalf of the Class. For this reason, you should notify Class Counsel (in writing at the addresses provided in Section 9 of this Notice) of any corrections to, or changes in, your name or address.
8. Requesting To Be Excluded From The Class.
If you are a member of the Class, you may elect to be excluded from the Class (“Opt Out”). If you elect to be excluded from the Class, you will not be bound by the judgment and final disposition of the Lawsuit. You will retain, and will be free to pursue, any claims, you may have on your own behalf against XTO. XTO may assert any defenses or counterclaims it may have against you. You may consult with your own attorney, at your sole cost, regarding your rights as well as any defenses and counterclaims available to XTO as to your claims. To be excluded from the Class, you must provide a written election to be excluded from the Class to Edward L. White, P.C.,
9. Class Counsel
Edward L. White
Martin S. High
Edward L. White, P.C.
Telephone: (405) 810-8188
Facsimile: (405) 608-0971
Email: ed@edwhitelaw.com
Web Site: www.xtoclass.com
In any written correspondence with the Class Counsel, it is important that the envelope and any documents inside contain the following case name and identifying numbers for the Lawsuit: Ladene Ramsey Beer and Katherine K. Boeck v. XTO Energy Inc., Case No. CIV-07-798-L. In addition, you should include your full name, XTO owner number(s) if known, address, email address, and telephone number.
DO NOT WRITE OR TELEPHONE THE CLERK’S OFFICE if you have any questions about this Notice. ANY QUESTIONS CONCERNING THIS NOTICE OR THE LAWSUIT SHOULD BE DIRECTED TO CLASS COUNSEL.
PLEASE DO NOT CALL XTO, THE COURT OR THE COURT CLERK
Issued March 13, 2006
By Order of Judge Tim Leonard