Cecil v. BP America Production Company
Cecil-BP Settlement
6:16-CV-00410-KEW

Important Documents

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Document
Second Amended Complaint Download Second Amended Complaint
Settlement Agreement Download Settlement Agreement
Preliminary Approval Order Download Preliminary Approval Order
Notice of Settlement Download Notice of Settlement
Updated Class Well List Download Updated Class Well List

NOTICE (INITIAL PLAN OF ALLOCATION):

The Initial Plan of Allocation of the Net Settlement Fund (“Initial Allocation”) reflects the estimated amount of the Distribution Check that would be sent to you based upon: (1) the royalty paydeck information provided by BP and obtained from third-party operators pursuant to the Settlement Agreement; (2) the assumption that no putative Class Member timely and properly submits a Request for Exclusion from the Settlement Class or is excluded from the Settlement Class by order of the Court; and (3) the assumption that Plaintiff’s application for Attorneys’ Fees, Litigation Expenses, and a Case Contribution Award is approved, as posted below. The Initial Allocation is a searchable .pdf attached to the [Proposed Initial Plan of Allocation Order], posted above.

The Initial Allocation allocates the estimated Net Settlement Fund to individual Class Members who are participating in the Settlement proportionately, with due regard for: (a) the production BP marketed on behalf of itself and/or others, (b) the amount and date of the claimed royalty underpayment to Class Members, (c) the time period when the claimed underpayment occurred, and (d) the distribution of small amounts that exceed the cost of the distribution. The estimated Net Settlement Fund was first allocated to each Class Well proportionately among all Class Members in such well based on their respective royalty decimal interest using the approximate December 2017 royalty paydeck data provided by BP or obtained from a third-party pursuant to paragraph 3.3 of the Settlement Agreement (or another reasonably current available royalty paydeck). The Initial Allocation is subject to modification by Plaintiff’s Counsel and final approval by the Court.

The Initial Allocation gives you an idea of the amount you would receive by remaining in the Settlement Class, though the amount will likely differ slightly. The Settlement Administrator will only make distributions based on the Final Plan of Allocation approved by the Court after the Effective Date of the Settlement.

Instructions for locating information in the Initial Allocation:

  1. If you receive a royalty check from BP, search the Initial Allocation by your Owner ID on the check stub.

  2. If you receive a royalty check from a different operator, search the Initial Allocation by your Owner ID on that check stub.

  3. If you do not find your information in either of the above ways, search by API Number or Well Name

If you do not find your information in any of the above ways, provide the Settlement Administrator with a copy of your royalty check stub.

Document
[Proposed] Initial Plan of Allocation Order Download [Proposed] Initial Plan of Allocation Order

 

MOTIONS FOR FINAL APPROVAL, APPROVAL OF ATTORNEYS' FEES AND EXPENSES, AND CASE CONTRIBUTION AWARD:

Document
Motion for Final Approval Download Class Representative's Motion for Final Approval
[Proposed] Order Approving Class Action Settlement and Final Judgment Download [Proposed] Order Approving Class Action Settlement and Final Judgment
Class Representative's Memorandum of Law in Support Download Class Representative's Memorandum of Law in Support of Class Representative's Motion for Final Approval
Class Representative's Motion for Approval of Attorneys' Fees, Reimbursement of Litigation Expenses, and Case Contribution Award Download Class Representative's Motion for Approval of Attorneys' Fees, Reimbursement of Litigation Expenses, and Case Contribution Award
Memorandum of Law in Support of Class Representative's Motion for Approval of Attorneys' Fees, Reimbursement of Litigation Expenses and Case Contribution Award Download Memorandum of Law in Support of Class Representative's Motion for Approval of Attorneys' Fees, Reimbursement of Litigation Expenses and Case Contribution Award
Combined Exhibit Index Download Combined Exhibit Index (1) Class Representative's Motion for Final Approval; (2) Memorandum of Law in Support of Class Representative's Motion for Final Approval; (3) Class Counsel's Motion for Approval of Attorneys' Fees, Reimbursement of Litigation Expenses and Case Contribution Award; and (4) Memorandum of Law in Support of Class Counsel's Motion for Approval of Attorneys' Fees, Reimbursement of Litigation Expenses and Case Contribution Award
Declaration of Jennifer M. Keough Download Declaration of Jennifer M. Keough Regarding Notice Administration
Declaration of Robert G. Gum Download Declaration of Robert G. Gum
Declaration of John Cecil Download Declaration of John Cecil in Support of Plaintiff's Motions for Final Approval of the Class Action Settlement and for Plaintiff's Attorneys' Fees, Litigation Expenses, Case Contribution Award, and Administration, Notice and Distribution Costs
Joint Declaration of Plaintiffs in Chockley v. BP Download Joint Declaration of Plaintiffs in Chockley v. BP
Declaration on Behalf of Chieftain Royalty Company Download Declaration on Behalf of Chieftain Royalty Company
Declaration on Behalf of the Baptist Foundation of Oklahoma Download Declaration on Behalf of the Baptist Foundation of Oklahoma
Declaration on Behalf of Sagacity, Inc. Download Declaration on Behalf of Sagacity, Inc.
Joint Declaration of Plaintiff's Counsel Reagan E. Bradford and Rex A. Sharp Download Joint Declaration of Plaintiff's Counsel Reagan E. Bradford and Rex A. Sharp in Support of Class Representative's Motion for Final Approval of Class Action Settlement and Motion for Approval of Attorneys' Fees, Litigation Expenses, and Case Contribution Award
Firm Resume of Rex A. Sharp, P.A. Download Firm Resume of Rex A. Sharp, P.A.
Firm Resume of The Lanier Law Firm, P.C. Download Firm Resume of The Lanier Law Firm, P.C.
Declaration of Daniel E. Smolen in Support of Plaintiff's Attorneys' Fees Download Declaration of Daniel E. Smolen in Support of Plaintiff's Attorneys' Fees
Declaration of Terry L. Stowers in Support of Plaintiff's Attorneys' Fees and Litigation Expenses Download Declaration of Terry L. Stowers in Support of Plaintiff's Attorneys' Fees and Litigation Expenses
Declaration of Robert J. Kee in Support of Plaintiff's Attorneys' Fees and Litigation Expenses Download Declaration of Robert J. Kee in Support of Plaintiff's Attorneys' Fees and Litigation Expenses
Declaration of Terry J. Barker in Support of Plaintiff's Attorneys' Fees and Litigation Expenses< Download Declaration of Terry J. Barker in Support of Plaintiff's Attorneys' Fees and Litigation Expenses
Declaration of Robert N. Barnes Download Declaration of Robert N. Barnes, Patranell Britten Lewis and Emily Nash Kitch
Declaration of Jeffrey J. Angelovich Download Declaration of Jeffrey J. Angelovich
Declaration of Michael Burrage in Support of Plaintiff's Attorneys' Fees and Litigation Expenses Download Declaration of Michael Burrage in Support of Plaintiff's Attorneys' Fees and Litigation Expenses
Declaration of Layn R. Phillips Download Declaration of Layn R. Phillips
Declaration of Michael Burrage Download Declaration of Michael Burrage
Declaration of Steven S. Gensler in Support Download Declaration of Steven S. Gensler in Support of the Stipulation and Agreement of Settlement, Notice of the Proposed Settlement, and Award of Attorneys' Fees
Declaration of Geoffrey P. Miller in Support Download Declaration of Geoffrey P. Miller in Support of the Settlement Agreement, Certification of the Settlement Class for Settlement Purposes, Class Counsel's Application for Attorneys' Fees, Reimbursement of Litigation Expenses, Class Representative's Request for Case Contribution Award, and Notice of Proposed Settlement
Declaration of Geoffrey P. Miller in Support Download Declaration of Geoffrey P. Miller in Support of the Stipulation and Agreement of Settlement, Class Counsel's Application for Attorneys' Fees, Reimbursement of Litigation Expenses, Class Representative's Request for Case Contribution Award, and Notice of Proposed Settlement
Exhibit O - Fees and Expenses Download Exhibit O - Fees and Expenses
Declaration of Kimberlee Hamilton, on Behalf of Freebird, Inc. Download Declaration of Kimberlee Hamilton, on Behalf of Freebird, Inc.
Declaration of Daniel T. Reineke Valuation of Past and Future Settlement Benefits Declaration of Daniel T. Reineke Valuation of Past and Future Settlement Benefits
Declaration of Daniel T. Reineke Regarding Allocation Methodology and Initial Plan of Allocation Download Declaration of Daniel T. Reineke Regarding Allocation Methodology and Initial Plan of Allocation
Declaration of Steven S. Gensler in Support Download Declaration of Steven S. Gensler in Support of the Settlement Agreement, Notice of the Proposed Settlement, and Award of Attorneys' Fees
Declaration of Steven W. Taylor in Support Download Declaration of Steven W. Taylor in Support of the Settlement Agreement and Award of Attorney Fees
Declaration of Brian T. Fitzpatrick Download Declaration of Brian T. Fitzpatrick
Order and Judgment Granting Final Approval Download Order and Judgment Granting Final Approval of Class Action Settlement
Order Awarding Attorneys' Fees Download Order Awarding Attorneys' Fees
Order Awarding Reimbursement of Litigation Expenses Download Order Awarding Reimbursement of Litigation Expenses
Order Awarding Case Contribution Award Download Order Awarding Case Contribution Award
Stipulated Protective Order Download Stipulated Protective Order
Class Representative's Reply to Objections Download Class Representative's Reply to Objections

 

FINAL APPROVAL, APPROVAL OF ATTORNEYS' FEES AND EXPENSES, AND CASE CONTRIBUTION AWARD:

Document
Final Approval Order Download Final Approval Order Approving Class Action Settlement and Final Judgment
Order Awarding Attorneys' Fees, Reimbursement of Litigation Expenses, and Case Contribution Award Download Order Awarding Attorneys' Fees, Reimbursement of Litigation Expenses, and Case Contribution Award
Initial Plan of Allocation Order Download Initial Plan of Allocation Order
Final Plan of Allocation Order Download Final Plan of Allocation and Distribution Order

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Mail

Cecil-BP Settlement
c/o JND Legal Administration
P.O. Box 91344
Seattle, WA 98111