Paula Parks McClintock v. Continuum Producer Services, L.L.C.
McClintock-Continuum Settlement
6:17-cv-00259-JAG

Frequently Asked Questions

 

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  • You were sent a Notice because you may be a member of the Settlement Class in the Litigation as described therein. The Court caused the postcard notice to be sent to you because, if you fall within this group and are not otherwise excluded from the Settlement Class, your rights will be affected and you have a right to know about the proposed Settlement, and about all of your options, before the Court decides whether to approve the Settlement. If the Court approves it, after any objections and appeals are resolved, the Court-appointed Settlement Administrator will cause payments to be made to Class Members in accordance with the Settlement Agreement. The Notice package describes the Litigation, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

  • The Litigation seeks damages for Defendant’s alleged failure to pay statutory interest on payments made by Defendant (or on behalf of Defendant) outside the time periods set forth in the Production Revenue Standards Act, 52 Okla. St. §570.1, et seq. (the “PRSA”) for oil and gas production proceeds from oil and gas wells in Oklahoma. Specifically, in her Petition, Plaintiff alleges Defendant: (1) failed to pay statutory interest on payments made outside the time periods set forth in the PRSA; (2) awaited a demand prior to paying statutory interest under the PRSA; (3) misrepresented and/or omitted the amount of statutory interest owed; and (4) is liable to Class Members for breach of the PRSA, fraud, disgorgement, accounting, punitive damages, and injunctive relief.

    Defendant denies any and all liability related to Plaintiff’s allegations and further states that neither Plaintiff nor any of the Class Members are entitled to the relief sought in the Litigation and further states that it would not be appropriate to award any type of damages, an accounting, disgorgement, or injunctive relief to the Class Members. Defendant further denies it would be appropriate to certify a contested class based on the facts and claims at issue in the Litigation.

    The Court has made no determination with respect to any of the parties’ claims or defenses.

  • In a class action, one or more plaintiffs sue on behalf of people who have similar claims. All of the individuals and entities on whose behalf the plaintiffs are suing are class members. One court resolves the issues for all class members, except for those who choose to exclude themselves from the class. Here, United States District Judge John A. Gibney, Jr., is presiding over the Litigation.

  • The Court has not reached a final judgment as to whether the Settlement Class could be certified as a contested class action or that Plaintiff has proved or can prove her claims against the Defendant. It would likely take several more years before a contested class certification proceeding and trial on the merits could be held, final judgment entered, and appeals exhausted. Instead, Plaintiff and Defendant have agreed to the Settlement in order to resolve the Litigation. In reaching the Settlement, both sides have avoided the risk, cost and time of a trial, and Plaintiff has avoided any further delay in resolving the Litigation. In addition, as with any litigated case, Plaintiff would face an uncertain outcome if this Litigation went to trial. On the one hand, a trial could result in a verdict greater than the Settlement. However, Defendant has asserted many defenses, and a trial could result in a judgment in favor of Defendant on class certification and liability or a verdict lower than the Settlement Amount that Plaintiff has obtained, or even no recovery at all for Plaintiff and the Class Members. Based on these factors and others, Plaintiff and Plaintiff’s Counsel believe the Settlement is best for all Class Members.

  • The Settlement Class consists of the following individuals and entities:

    All non-excluded persons or entities who received payments for proceeds for the sale of oil or gas production from Defendant (or Defendant’s designee) for wells in the State of Oklahoma more than two (2) months after the end of the month within which the production was sold and whose payments did not include the full amount of the interest owed thereon.

  • The persons or entities excluded from the Settlement Class are: (1) agencies, departments, or instrumentalities of the United States of America or the State of Oklahoma; (2) publicly traded oil and gas companies and their affiliates; (3) persons or entities that Plaintiff’s Counsel may be prohibited from representing under rule 1.7 of the Oklahoma Rules of Professional Conduct, including but not limited to Charles David Nutley, Danny George, Dan McClure, Kelly McClure Callant, and their relatives and any related trusts; and (4) officers of the court.

    Also, you are not a Class Member if you exclude yourself from the Settlement Class by submitting a valid and timely request for exclusion in accordance with the requirements set forth in this Notice and in the Settlement Agreement. The procedure for requesting exclusion from the Settlement Class is described below in the Answer to Question No. 13.

  • If you are still not sure whether you are included, you can ask for help, which will be provided to you at no cost. You can call the Settlement Administrator at 1-855-961-0954, or write to the following address:

    McClintock-Continuum Settlement
    c/o JND Legal Administration, Settlement Administrator
    P.O. Box 91349
    Seattle, WA 98111

  • In consideration of the Settlement, Defendant has agreed to pay $900,000.00 in cash. See the Settlement Agreement for full details.

    The Settlement, if approved, will result in the dismissal of the Petition against Defendant and the release by all Class Members of all the Released Claims the Releasing Parties may have against the Released Parties, as defined in the Answer to Question No. 12. The Net Settlement Fund will be distributed to the Class Members who are not excluded from the Settlement Class in accordance with the provisions of the Allocation Methodology and Final Plan of Allocation, which is explained in the Answer to Question No. 9.

  • The Net Settlement Fund shall be allocated to Class Members on the following basis:

    Plaintiff’s Counsel shall, subject to Court approval, allocate the Net Settlement Fund to individual Participating Class Members proportionately based on the amount of statutory interest allegedly owed on the original underlying payment that allegedly occurred outside the time periods required by the PRSA, with due regard for the production date, the date the underlying payment was made, the amount of the underlying payment, the time periods set forth in the PRSA, any additional statutory interest that Plaintiff’s Counsel believes has since accrued, and the amount of interest or returns that have accrued on the Participating Class Member’s proportionate share of the Net Settlement Fund during the time such share was held in the Settlement Account. No distributions will be made to Class Members who would otherwise receive a distribution of less than $10.00 under the Initial Plan of Allocation. This allocation is subject to modification by Plaintiff’s Counsel and final approval by the Court.

    If you have questions about the tax consequences of participating in the Settlement, you should consult with your own tax advisor.

  • If you do not exclude yourself pursuant to the procedure set forth in Answer to Question No. 13, YOU DO NOT NEED TO TAKE ANY ACTION WHATSOEVER to receive your portion of the Net Settlement Fund (if any).

  • Payment to Class Members is contingent on several matters, including the Court’s approval of the Settlement and that approval becoming final and no longer subject to any appeal to any court, as set forth more specifically in paragraph 1.12 of the Settlement Agreement.

    The Net Settlement Fund will be distributed by the Settlement Administrator as soon as reasonably possible after final approval has been obtained for the Settlement and any appeals are exhausted. The Settlement Agreement specifies deadlines for distributing the Net Settlement Fund. Any appeal of final approval could take well in excess of one year. It is not anticipated that any meaningful interest will accrue on the Net Settlement Fund. The Settlement may be terminated on several grounds, including if the Court does not approve or materially modifies the terms of the Settlement. If the Settlement is terminated, the Litigation will proceed as if the Settlement had not been reached.

  • 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.

    Release

    If the Court enters a final order approving the Settlement, all Class Members, on behalf of the “Releasing Parties,” 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 interest for payments made during the Claim Period will be released and discharged.

    Claim Period” means the period of time prior to the entry of the Judgment in this Litigation.

    Released Claims” include all claims that the Releasing Parties may have against the Released Parties related to or arising from payments of proceeds from the sale of oil or gas to Class Members or any of their predecessors, successors, or assigns, during the Claim Period, by Defendant (or by any person or entity making payments on Defendant’s behalf) that were allegedly (i) late, untimely, or delayed; or (ii) did not include the proper amount of interest under the Production Revenue Standards Act, 52 O.S. §570.1, et seq. (the “PRSA”), or any other applicable statute or regulation. As used in this paragraph, “claims” include without limitation any assertion, allegation, claim, demand, right, debt, request for payment, cause of action, liability, loss, damage (including without limitation incidental, consequential, exemplary, or punitive damages), deficiency, remedy, judgment, lien, penalty, cost, expense, attorney fee, interest, suit, or proceeding of every kind, at law or in equity, regardless of whether any of the foregoing are asserted or unasserted, now known or hereinafter discovered, matured or unmatured, or accrued, contingent, or potential, and regardless of whether any of the foregoing have resulted now or could result in the future in the commencement of a lawsuit, filing of a claim, or a legal proceeding of whatsoever kind, and regardless of whether any of the foregoing have resulted now or could result in the future in a final and appealable order, ruling, or judgment. The Released Claims include without limitation all claims asserted, made, alleged, or described in the Petition, as well as any claims for any alternative legal theories that relate to such late, untimely, or delayed payments or interest by Defendant (or on its behalf) of oil and gas production proceeds. The Released Claims expressly do not include any claims other than those related to such late, untimely, or delayed payments or interest by Defendant (or on its behalf) and do not include claims for underpayment of royalty that are not based on late, untimely, or delayed payments or the improper amount of interest thereon.

    Released Parties” means Defendant (including under its previous name Unimark L.L.C.); its parents and affiliates; each of their respective predecessors, members, managers, owners, employees, officers, directors, stockholders, partners, agents, consultants, servants, attorneys, insurers, subsidiaries, assignors, and other representatives, and all of the foregoing persons’ and entities’ heirs, successors and assigns.

    Releasing Parties” means Plaintiff and the Class Members, and each of their respective parents, affiliates, predecessors, members, managers, owners, employees, officers, directors, stockholders, partners, agents, consultants, servants, attorneys, insurers, subsidiaries, assignors, and other representatives, and all of the foregoing persons’ and entities’ heirs, successors and assigns.

  • To get out of the Settlement, you must exclude yourself from the Settlement Class. To exclude yourself from the Settlement Class, you must send by certified mail, return receipt requested, to Defendant’s Counsel, Plaintiff’s Counsel, and the Settlement Administrator a written statement that you want to be excluded from the Settlement Class in McClintock v. Continuum Producer Services, L.L.C. In addition to the other information specified in the rest of this answer, your statement must include your name, address, telephone number, and notarized signature, and must be received no later than January 29, 2020 at 5 p.m. CT. Your written statement must be sent to:

    Plaintiff's Counsel

    Bradley E. Beckworth
    Jeffrey J. Angelovich
    Lisa P. Baldwin
    Andrew G. Pate
    Trey Duck
    NIX PATTERSON, LLP
    3600 N Capital of Texas Hwy.
    Suite 350, Building B
    Austin, TX 78746

    Patrick M. Ryan
    Phillip G. Whaley
    Jason A. Ryan
    Paula M. Jantzen
    RYAN WHALEY COLDIRON JANTZEN PETERS & WEBBER PLLC
    900 Robinson Renaissance
    119 North Robinson
    Oklahoma City, OK 73102

    Robert N. Barnes
    Patranell Lewis
    BARNES & LEWIS, LLP
    208 N.W. 60th Street
    Oklahoma City, OK 73118

    Michael Burrage
    WHITTEN BURRAGE
    512 N. Broadway Ave., Ste. 300
    Oklahoma City, OK 73102

    Lawrence R. Murphy Jr.
    SMOLEN LAW, PLLC.
    611 South Detroit Avenue
    Tulsa, OK 74120

    Defendants' Counsel

    Michael J. Gibbens
    Susan E. Huntsman
    CROWE & DUNLEVY
    500 Kennedy Building
    321 South Boston Avenue
    Tulsa, OK 74103-3313

    L. Mark Walker
    CROWE & DUNLEVY
    324 N. Robinson Ave., Ste 100
    Oklahoma City, OK 73102

    Settlement Administrator

    McClintock-Continuum Settlement
    c/o JND Legal Administration
    P.O. Box 91349
    Seattle, WA 98111

    To be effective, your written request for exclusion must be SERVED and RECEIVED at the above addresses no later than January 29, 2020 at 5 p.m. CT. You cannot exclude yourself on the website, by telephone, facsimile or by e-mail. The letter must be signed by you under oath and acknowledged by a Notary Public. In the letter, you must identify your interest in any wells for which you have received payments from Defendant or anyone making payments on Defendant’s behalf, including the name, well number, county in which the well is located, and the owner identification number. Any such letter also should state generally:

    Dear Judge, I want to exclude myself from the Settlement Class in Paula Parks McClintock v. Continuum Producer Services, L.L.C., Case No. 6:17-cv-00259-JAG, United States District Court for the Eastern District of Oklahoma. I understand it will be my responsibility to pursue any claims I may have, if I so desire, on my own and at my expense.

    If you do not follow these procedures—including meeting the date for exclusion set out above—you will not be excluded from the Settlement Class, and you will be bound by all of the orders and judgments entered by the Court regarding the Settlement, including the release of claims. You must exclude yourself even if you already have a pending case against any of the Released Parties based upon any Released Claims.

    If you validly request exclusion as described above, you cannot object to the Settlement, and you will not have released any claim against the Released Parties. You will not be legally bound by anything that happens in the Litigation. You will also not participate in any distribution of the Net Settlement Fund. Do not request exclusion if you wish to participate in the Settlement.

  • No. Unless you exclude yourself from the Settlement Class in connection with the Litigation, you (and any other Releasing Parties) give up any right to sue any or all of the Released Parties for any Released Claims. If you have a pending lawsuit or arbitration against Defendant or any of its officers and/or directors or any other Released Parties, speak to the lawyer representing you in that case immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit or arbitration against any of the Released Parties.

  • No. Unless you exclude yourself from the Settlement Class in connection with the Litigation, you (and any other Releasing Parties) give up any right to sue any or all of the Released Parties for any Released Claims. If you have a pending lawsuit or arbitration against Defendant or any of its officers and/or directors or any other Released Parties, speak to the lawyer representing you in that case immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit or arbitration against any of the Released Parties.

  • The law firms of (a) Nix Patterson, LLP; (b) Ryan Whaley Coldiron Jantzen Peters & Webber, PLLC; (c) Barnes & Lewis, LLP; (d) Whitten Burrage; and (e) Lawrence R. Murphy, Jr., P.C., represent the Plaintiff and all other Class Members in this Litigation. These lawyers are called Plaintiff’s Counsel. You will not be charged directly by these lawyers. If the Court authorizes it, these lawyers will be paid in accordance with the Answer to Question No. 17 below. If you want to be represented by your own lawyer, you may hire one at your own expense.

  • Plaintiff’s Counsel intends to seek an award of attorneys’ fees up to $300,000.00 to be paid out of the Gross Settlement Fund. Plaintiff’s Counsel has been litigating this case for over two years without any payment whatsoever. At the Final Fairness Hearing, Plaintiff’s Counsel will also seek reimbursement from the Gross Settlement Fund of the expenses incurred in connection with the prosecution of this Litigation, and will incur in the future, which amount will not exceed $20,000.00. Plaintiff’s Counsel will also request approval of Administration, Notice and Distribution Costs associated with effectuating the Settlement in an amount not to exceed $110,000.00 to be paid from the Gross Settlement Fund. Plaintiff intends to seek a Case Contribution Award relating to her representation of the Settlement Class, taking into account Plaintiff’s time, effort, risk and burden, up to $2,500.00.

  • If you are a Class Member and you do not exclude yourself, you can object to the Settlement if you do not like any part of it. You can give reasons why you think the Court should not approve the Settlement, Allocation Methodology, Initial Plan of Allocation, request for Plaintiff’s Attorneys’ Fees or reimbursement of Litigation Expenses, or Case Contribution Award to Plaintiff. To object, you must send a written statement to the Court, Plaintiff’s Counsel, and Defendant’s Counsel saying that you object to the proposed Settlement. You must include in your written statement:

    1. a heading referring to McClintock v. Continuum Producer Services, L.L.C., Case No. 6:17-cv-00259-JAG, United States District Court for the Eastern District of Oklahoma;
    2. a statement as to whether you intend to appear at the Final Fairness Hearing, either in person or through counsel, and, if through counsel, counsel must be identified by name, address and telephone number (this statement must also comply with the requirement stated in Answer to Question No. 22);
    3. a detailed statement of the specific legal and factual basis for each and every objection;
    4. a list of any witnesses you wish to call at the Final Fairness Hearing, together with a brief summary of each witness’s expected testimony (to the extent you desire to offer expert testimony and/or an expert report, any such evidence must fully comply with the Federal Rules of Civil Procedure, Federal Rules of Evidence, and the Local Rules of the Court);
    5. a list of and copies of any exhibits you may seek to use at the Final Fairness Hearing;
    6. a list of any legal authority you may present at the Final Fairness Hearing;
    7. your name, current address, current telephone number, and all owner identification numbers with Defendant;
    8. your signature executed before a Notary Public;
    9. identification of your interest in wells from which you have received payments made by or on behalf of Defendant (by well name, payee well number, and county in which the well is located) during the Claim Period and identification of such payments by date of payment, date of production, and amount; and
    10. if you are objecting to any portion of the Plaintiff’s Attorneys’ Fees or Litigation Expenses sought by Plaintiff’s Counsel on the basis that the amounts requested are unreasonably high, you must specifically state the portion of Plaintiff’s Attorneys’ Fees and/or Litigation Expenses you believe is fair and reasonable and the portion that is not.

    Your written objection must be filed with the Court and served on Plaintiff’s Counsel and Defendant’s Counsel by certified mail, return receipt requested, and received at the addresses below no later than January 29, 2020:

    By the above date, your written objection must be ON FILE with the Court:

    Clerk of the Court
    United States District Court for the Eastern District of Oklahoma
    101 North 5th Street
    Muskogee, Oklahoma 74401

    And, by the same date, copies of your written objection must be served and received by counsel at the addresses below:

    Plaintiff's Counsel

    Bradley E. Beckworth
    Jeffrey J. Angelovich
    Lisa P. Baldwin
    Andrew G. Pate
    Trey Duck
    NIX PATTERSON, LLP
    3600 N Capital of Texas Hwy.
    Suite 350, Building B
    Austin, TX 78746

    Patrick M. Ryan
    Phillip G. Whaley
    Jason A. Ryan
    Paula M. Jantzen
    RYAN WHALEY COLDIRON JANTZEN PETERS & WEBBER PLLC
    900 Robinson Renaissance
    119 North Robinson
    Oklahoma City, OK 73102

    Robert N. Barnes
    Patranell Lewis
    BARNES & LEWIS, LLP
    208 N.W. 60th Street
    Oklahoma City, OK 73118

    Michael Burrage
    WHITTEN BURRAGE
    512 N. Broadway Ave., Ste. 300
    Oklahoma City, OK 73102

    Lawrence R. Murphy Jr.
    SMOLEN LAW, PLLC.
    611 South Detroit Avenue
    Tulsa, OK 74120

    Defendants' Counsel

    Michael J. Gibbens
    Susan E. Huntsman
    CROWE & DUNLEVY
    500 Kennedy Building
    321 South Boston Avenue
    Tulsa, OK 74103-3313

    L. Mark Walker
    CROWE & DUNLEVY
    324 N. Robinson Ave., Ste 100
    Oklahoma City, OK 73102

    UNLESS OTHERWISE ORDERED BY THE COURT, ANY SETTLEMENT CLASS MEMBER WHO DOES NOT OBJECT IN THE MANNER DESCRIBED HEREIN WILL BE DEEMED TO HAVE WAIVED ANY OBJECTION AND SHALL BE FOREVER FORECLOSED FROM MAKING ANY OBJECTION TO THE PROPOSED SETTLEMENT AND THE APPLICATION FOR ATTORNEYS’ FEES AND LITIGATION EXPENSES AND CASE CONTRIBUTION AWARD AND WILL NOT BE ALLOWED TO PRESENT ANY OBJECTIONS AT THE FINAL FAIRNESS HEARING.

  • Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you are a Participating Class Member. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself from the Settlement Class, you have no basis to object, because the Settlement no longer affects you. If you do not exclude yourself from the Settlement Class, you will remain a member of the Settlement Class and will be bound by the terms of the Settlement Agreement (including the release contained therein) and all orders and judgments entered by the Court regarding the Settlement regardless of whether the Court accepts or denies your objection.

  • The Court will hold a Final Fairness Hearing on February 12, 2020, at 9:00 a.m. CT, at the United States District Court for the Eastern District of Oklahoma, 101 North 5th Street, Muskogee, Oklahoma 74401. Please note that the date of the Final Fairness Hearing is subject to change without further notice. If you plan to attend the hearing, you should check with the Court on this website to be sure no change to the date and time of the hearing has been made. At this hearing, the Court will consider whether the Settlement is fair, reasonable and adequate. If there are objections, the Court will consider them at that time. After the Final Fairness Hearing, the Court will decide whether to approve the Settlement, the Allocation Methodology, and the Plan of Allocation. The Court will also rule on the request for attorneys’ fees and expenses by Plaintiff’s Counsel and the request for Case Contribution Award for Plaintiff relating to her representation of the Settlement Class. We do not know how long it will take the Court to make these decisions.

  • No. Plaintiff’s Counsel will answer any questions the Court might have for the Settlement Class. But you are welcome to come at your own expense. If you timely and properly file and serve an objection (see Answer to Question No. 18 above), you do not have to come to Court to talk about it. As long as you properly file and serve your written objection on time, it will be before the Court when the Court considers whether to approve the Settlement as fair, reasonable and adequate. You also may pay your own lawyer to attend the Final Fairness Hearing, but attendance is not necessary. However, if you fail to timely and properly file and serve an objection, you will not be entitled to be heard at the Final Fairness Hearing regarding any objections.

  • If you are a Class Member who has not requested to be excluded from the Settlement Class, you may ask the Court for permission to speak at the Final Fairness Hearing. To do so, you must send a letter or other paper called a “Notice of Intention to Appear at Fairness Hearing in Paula Parks McClintock v. Continuum Producer Services, L.L.C.” Be sure to include your name, address, telephone number, and signature. Your Notice of Intention to Appear must be served on and received by the counsel listed in Answer to Question No. 18 and must be filed with the Clerk of the Court at the address in the Answer to Question No. 18 no later than January 29, 2020 at 5 p.m. CT. You cannot speak at the Final Fairness Hearing if you exclude yourself from the Settlement Class.

    If you object to the Settlement or any part thereof and you or your attorney wish to be heard at the Final Fairness Hearing, you must file a Notice of Intention to Appear as outlined above by the date specified for objections in the Answer to Question No. 18 in order to present your objection at the Hearing (see also Answer to Question No. 18 above).

  • If you do nothing and you are a Class Member, you will receive payment in connection with the Settlement as explained in response to Question No. 9 if you are entitled to a distribution pursuant to the Allocation Methodology and Final Plan of Allocation, and you will be bound by the Settlement. Unless you exclude yourself from the Settlement Class, neither you nor any other Releasing Party will be able to start a lawsuit or arbitration, continue a lawsuit or arbitration, or be part of any other lawsuit or arbitration against any of the Released Parties based on any Released Claims.

  • The Notice summarizes the Settlement. The complete terms of the Settlement are set out in the Settlement Agreement and the documents referenced therein and attached thereto. You may obtain a copy of the Settlement Agreement, as well as other documents, from the Important Documents page of this website or you may request copies by writing to McClintock-Continuum Settlement, c/o JND Legal Administration, P.O. Box 91349, Seattle, WA 98111. If you elect to obtain copies from a source other than this website, there may be a charge to you for copying and mailing such documents. The Settlement Agreement also is filed in Paula Parks McClintock v. Continuum Producer Services, L.L.C., Case No. 6:17-cv-00259-JAG, with the Clerk of the United States District Court for the Eastern District of Oklahoma, 101 North 5th Street, Muskogee, Oklahoma 74401, and may be obtained from the Clerk’s office directly. Further information regarding the Litigation and the Notice may be obtained by contacting Plaintiff’s Counsel at the address provided in the Answer to Question No. 18 above.

  • If you have reviewed the information available on this website but still have questions, you can contact the Settlement Administrator via the Contact Us page.

     

    PLEASE DO NOT CONTACT THE COURT REGARDING THE NOTICE.

For More Information

Visit this website often to get the most up-to-date information.

Mail

McClintock-Continuum Settlement
c/o JND Legal Administration
PO Box 91349
Seattle, WA 98111