United States District Court for the Northern District of Texas, Dallas Division
Case No. 3:16-cv-00082-K
On June 15th, 2021 a Final Fairness hearing was held by the Court. At that hearing the Court granted final approval for this Settlement. The Settlement will become effective on July 15th, 2021. The payments to eligible Class Members are currently being calculated. The payments will be sent out after the effective date of July 15th, 2021.
If you are or were a royalty owner and received payments from Devon Energy Production Company from one or more wells producing natural gas processed at the Bridgeport Gas Processing Plant, you may be entitled to benefits afforded by a class action settlement.
• This Website is being issued pursuant to Rule 23 of the Federal Rules of Civil Procedure and an order of the United States District Court for the Northern District of Texas Dallas Division (“Court”). The purpose of this Website is to advise you of the pendency of a class action, where the Named Plaintiffs – four royalty owners – have sued Devon Energy Production Company (“DEPCO” or “Defendant”) alleging underpayment of royalties. Named Plaintiffs and DEPCO are referred to herein as the “Parties.” The class action, pending in the United State District Court for the Northern District of Texas Dallas Division, is entitled Henry Seeligson, John M. Seeligson, Suzanne Seeligson Nash, and Sherri Pilcher v. Devon Energy Production Company, L.P., No. 3:16-cv-00082-K (“Action” or “Lawsuit”).
• This Website also advises that the Parties to the Action have agreed to settle the Action (“Settlement”). This Website explains the Lawsuit, the Settlement, your legal rights, available benefits, who is eligible for them, and how to get them. As a Class Member, you have various options that you may exercise before the Court decides whether to approve the Settlement.
• Your legal rights are affected whether you act or don’t act. The Notice includes important information about the Lawsuit and the Settlement. Please read the Notice carefully.
• The Settlement with DEPCO will provide $28,000,000 in cash to resolve the Class’s claims against Defendant (“Settlement Fund”). The Settlement Fund, after certain deductions described herein, will be allocated to Class Members pursuant to the proposed plan of allocation, which can be reviewed in the Documents section of this Website.
• The Court in charge of this Action still has to decide whether to approve the Settlement. Payments will be made to Class Members only if the Court approves the Settlement and after appeals, if any, are resolved. The Court has scheduled a fairness hearing (“Fairness Hearing”) to decide on final approval of the Settlement, the plan for allocating the Settlement Fund to Class Members, and Class Counsel’s request for attorneys’ fees and expenses, and service awards to the Named Plaintiffs. The Fairness Hearing is scheduled for Tuesday, June 15, 2021 before U.S. District Court Judge Honorable Ed Kinkeade at 10:00 a.m.
• Judge Kinkeade of the United States District Court for the Northern District of Texas Dallas Division certified this Lawsuit as a class action, and certified the following Class:
All persons or entities who, between January 1, 2008 and February 28, 2014, (i) are or were royalty owners in Texas wells producing natural gas that was processed through the Bridgeport Gas Processing Plant by Devon Gas Services, LP (“DGS”); (ii) received royalties from Devon Production Company, L.P. (“DEPCO”) on such gas; (iii) had oil and gas leases that were on one of the following forms: Producers 88-198(R) Texas Paid-Up (2/93); MEC 198 (Rev. 5/77); Producers 88 (Rev. 10-70 PAS) 310; Producers 88 Revised 1-53—(With Pooling Provision); Producers 88 (2-53) With 640 Acres Pooling Provision; Producers 88 (3-54) With 640 Acres Pooling Provision; Producers 88 (4-76) Revised Paid Up with 640 Acres Pooling Provision; Producers 88 (7-69) With 640 Acres Pooling Provision; and Producers 88 (Rev. 3-42) With 40 Acres Pooling Provision (the “Class Lease Forms”);and (iv) had one or more of the oil and gas leases listed on the “Class Lease List”.
Excluded from the Class are: (1) overriding royalty interest owners who derive their interest through the oil and gas lease; (2) all governmental entities, including federal, state, and local governments and their respective agencies, departments, or instrumentalities; (3) the States and territories of the United States or any foreign citizens, states, territories, or entities; (4) the United States of America; (5) publicly traded entities and their respective parents, affiliates, and related entities; (6) owners of any interests and/or leases located on or within any federally created units; (7) owners of any non-operating working interest for which DEPCO or its agents or representatives, as operator, disburses royalty; (8) DEPCO and any entity in which DEPCO has a controlling interest, and their officers, directors, legal representatives and assigns; and (9) members of the judiciary and their staff to whom this Action is assigned.
See FAQ 5 for more information regarding who is a member of the Class.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
Stay in this Lawsuit. Receive the benefits of this Settlement if it is approved. Give up certain rights.
You do not need to take any action to remain part of the Class and, if eligible, receive a payment from the Settlement (see FAQ 9); however, if you owned a royalty interest in wells producing natural gas processed at the Bridgeport Gas Processing Plant, but transferred your interest, you may need to provide additional information (see FAQ 9). If you remain a member of the Class, you are giving up the right to sue Defendant in a different lawsuit about the same legal claims in this Lawsuit.
You may, if you wish, comment in favor of the Settlement by sending your comment to Class Counsel: Geoffrey C. Jarvis and Melissa L. Troutner, of Kessler Topaz Meltzer & Check, LLP, 280 King of Prussia Road, Radnor, PA 19087.
Ask to Opt Out of the Class No Later Than March 29, 2021
Get out of this Lawsuit. Get no money or benefits from the Settlement. Keep any rights you may have to sue Defendant about the same legal claims in this Lawsuit.
If you request to opt out of the Class, you will not be able to share in the Settlement benefits. But, you will keep any rights you may have.
If you wish to opt out of the Class, your opt out request must include your full name, tax identification number, owner number or Bus Assoc #, mailing address, telephone number, and email address, a clear statement that you wish to opt out of the Class, and be personally signed by you (and your lawyer if you are represented by counsel).
Your opt out request must be sent to the Settlement Administrator at Devon Settlement Administrator, c/o Settlement Administrator, P.O. Box 169, Warminster, PA 18974-0169.
If your opt out request is properly submitted on or before the deadline, you will not be bound by the terms of the Settlement, and you will be free, if you choose, to pursue your own lawsuit against Defendant. If you do not submit a clear and timely opt out request, you will be bound by the Settlement Agreement and relinquish any claims against Defendant about the legal claims in this Lawsuit.
Object to the Settlement No Later Than May 11, 2021
Object to the Settlement.
If you are a member of the Class, you may object to the Settlement, the Plan of Allocation, Class Counsel’s request for attorneys’ fees and expenses, or the request for Named Plaintiffs’ service awards.
You may, but need not, select an attorney to appear at the Fairness Hearing on your behalf. If you do, you will be responsible for your own attorneys’ fees and costs.
If you object to the proposed Settlement, or any aspect thereof, you must do so in writing on or before Tuesday, May 11, 2021. Your written objection must include:
• Your full name, tax identification number, owner number or Bus Assoc #, mailing address, telephone number, and email address;
• A copy of your oil and gas lease;
• A written statement of all grounds for your objection, accompanied by any legal support for the objection;
• Copies of any papers, briefs, or other documents upon which the objection is based;
• The name, address, email address, and telephone number of every attorney representing the objector;
• A statement indicating whether you and/or your counsel intends to appear at the Fairness Hearing and, if so, a list of all persons, if any, who will be called to testify in support of the objection; and
• Your signature (and your counsel’s signature if you are represented by counsel).
Your written objection must also be: (1) filed with the Clerk of the U.S. District Court for the Northern District of Texas, and (2) sent to: (A) Geoffrey C. Jarvis, Kessler Topaz Meltzer & Check, LLP (Class Counsel), 280 King of Prussia Road, Radnor, PA 19087; and (B) Craig A. Haynes, Thompson & Knight LLP (Defendant’s Counsel), 1722 Routh Street, Suite 1500, Dallas, TX 75201.
Attend a Hearing
Ask to speak in Court about the fairness of the Settlement.