Unless you exclude yourself from the Settlement Class, if the Settlement is approved, you will be a Participating Class Member. As a Participating Class Member, you will receive any portion of the Net Settlement Fund allocated to you and will be bound by all orders and judgments entered by the Court regarding the Settlement. If the Settlement is approved, you will not be able to sue, continue to sue, or be part of any other lawsuit against any of the Released Parties concerning any of the Released Claims.
If the Court enters a final order approving the Settlement, all Settlement Class Members, on behalf of the “Releasing Parties,” their personal representatives, heirs, executors, administrators, trustees, successors, and assigns, will release any “Released Claims” they have against the “Released Parties.” This means that if you remain a member of the Settlement Class, any and all claims related to underpaid and unpaid royalties during the Claim Period will be released and discharged.
“Claim Period” means production months October 1, 2001 through May 31, 2015.
“Released Claims” include all claims associated with the marketing of, and the calculation, reporting and payment of royalty on, gas and its constituents (including, but not limited to, residue gas, natural gas liquids, and drip gas) from October 1, 2001, through May 31, 2015, with respect to the Class Wells, and include, without limitation, all claims that a Class member could make with regard to the following allegations: (1) that the Released Parties underpaid royalty as a result of direct or indirect deductions from (or factoring costs into) royalty associated with marketing, gathering, transporting, compressing, dehydrating, treating, blending, processing, including plant and compressor fuel, and similar services with respect to gas and its constituents produced from the Class Wells; (2) that the Released Parties underpaid royalty on gas and gas constituents produced from the Class Wells by not paying royalty on gas used in operations, gas used for gas plants, and gas used in the manufacture of products (“fuel gas”); (3) that the Released Parties failed to pay or underpaid royalty on drip gas, condensate, or other substances separated from the gas stream in the gathering system, gas plant, or other facilities with respect to gas and gas constituents produced from the Class Wells; (4) that the Released Parties underpaid royalty by not paying royalty on the full value (before deduction of any costs) of residue gas, natural gas liquids, or other products that were part of the gas stream produced from the Class Wells; (5) that the Released Parties misled Class members in monthly royalty payments as to, among other things, the amount and nature of deductions from royalty on gas and gas constituents produced from the Class Wells; (6) that the Released Parties violated their alleged fiduciary or quasi-fiduciary duties to the Class members; (7) that the Released Parties failed to provide on the monthly check stubs and/or check detail all the information required by the Oklahoma Production Revenue Standards Act (“PRSA”); (8) that the Released Parties failed to make diligent efforts to secure the best terms available for the sale of gas and its constituents; (9) that the Released Parties failed to account to Class members for the full value of the production, including all deductions and reductions from the value of production; (10) that affiliate or alleged self-dealing transactions of the Released Parties violated the rights of the Class members; (11) that the Released Parties deducted from royalties owed to Class members a “profit fee” or similar fee; (12) that the Released Parties double-charged all Class members a fuel gas fee and a gathering fee; (13) that the Released Parties failed to pay interest upon any unpaid or underpaid royalty payments from which deductions or reductions were allegedly made, pursuant to the terms of the PRSA, or any other statute, law, rule, regulation, agreement, or obligation; (14) that as a result of the Released Parties’ actions with respect to the Class Wells, the Released Parties are liable to Class members for breach of contract, tortious breach of contract, breach of fiduciary or quasi-fiduciary duty, actual fraud, constructive fraud, conversion, conspiracy, unjust enrichment/disgorgement, accounting, punitive damages, statutory interest and penalties under the PRSA or otherwise, and fees (attorney fees, expert fees, and other litigation costs) under the PRSA or otherwise; and (15) all allegations regarding all other legal theories (whether sounding in tort, contract, or otherwise) and equitable theories that, based upon the facts alleged in the Litigation and/or discovered or capable of discovery during the course of the Litigation, could have been asserted against the Released Parties as to the Class Wells and as to the period of time from October 1, 2001, through May 31, 2015. Released claims do not include claims related to alleged failure to pay interest on proceeds payments made outside the time periods set forth in the PRSA, including claims which Plaintiff acknowledges were previously resolved in a separate settlement agreement entered into by the plaintiff and defendants, and approved in a Judgment entered by the court, in DASA Investments, Inc. v. EnerVest Operating, LLC, et al., Case No. 6:18-CV-083-SPS, in the United States District Court for the Eastern District of Oklahoma.
“Released Parties” means SM Energy Company, and each of its current and prior affiliates (including, without limitation, Four Winds Marketing, LLC), all of their respective successors-in-interest (the “Companies”), all parents, affiliates and subsidiaries of the Companies, and the employees, directors, officers, members and shareholders of SM Energy and the Companies.
“Releasing Parties” means Plaintiff and all Settlement Class Members who do not timely and properly opt-out or submit a request for exclusion from the Settlement, and who are not otherwise excluded from the Settlement Class by order of the Court.