McClintock v. Enterprise Crude Oil LLC
McClintock-Enterprise Settlement
6:16-cv-00136-KEW

Frequently Asked Questions

 

Expand/Collapse All
  • If you received a postcard notice or Notice package, you may be a member of the Settlement Class in the Litigation described in the Notice. Payment history records reflect that you have received payments from Defendant (or someone paying proceeds on Defendant's behalf) for oil and gas production proceeds from oil and gas wells in Oklahoma during the Claim Period (as defined in the Settlement Agreement and in the Answer to FAQ 2). 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 Notice is not intended to be, and should not be construed as, an expression of any opinion with respect to the merits of the allegations in the Petition filed in the Litigation. The Notice explains the claims being asserted in the Litigation, explains the Settlement, explains your right to remain a member of the Settlement Class (see Answer to FAQ 12), explains your right to opt out of the Settlement Class and be excluded from the Settlement (see Answer to FAQ 13), and explains your right to object to the Settlement (see Answer to FAQ 18).

    The Court in charge of this Litigation is the United States District Court for the Eastern District of Oklahoma. The person prosecuting this Litigation on behalf of the Class is called the "Plaintiff' and the company it is suing is called the "Defendant." This case, also called the "Litigation," is known as Paula Parks McClintock v. Enterprise Crude Oil, LLC, Case No. CIV16-136-KEW.

  • 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) misrepresented and/or omitted the amount of statutory interest owed; and (3) 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.

    A more complete description of the Litigation, its status, and the rulings made in the Litigation are available in the pleadings and other papers maintained by the United States District Court for the Eastern District of Oklahoma, located at 101 North 5th Street, Muskogee, Oklahoma 74401, in the file for Case No. CIV-16-136-KEW. Some of the relevant pleadings are additionally located on the Important Documents page. Should you have questions regarding the status, rulings or issues in the Litigation, such questions can be submitted as set forth below.

  • 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 Magistrate Judge Kimberly E. West 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, subject to the exceptions listed in the answer to FAQ 6 below:

    All non-excluded persons or entities to whom: (1) Enterprise (or Enterprise's designee) made an Untimely Payment of oil and/or gas proceeds from an Oklahoma well on or after April 26, 2012 through September 1, 2020, and (2) who have not been paid statutory interest on the Untimely Payment per the Production Revenue Standards Act. An "Untimely Payment" for purposes of this class definition means payment of proceeds from the sale of oil and/or gas production from an oil and/or gas well after the statutory periods identified in OKLA. STAT. tit. 52 § 570.10(8)(1) (i.e., commencing not later than six (6) months after the date of first sale, and thereafter not later than the last day of the 2nd succeeding months after the end of the month within which such production is sold). Untimely Payments do not include: (a) payments of proceeds to an owner under OKLA. STAT. tit. 52 § 570.10(8)(3) (minimum pay); (b) prior period adjustments; or (c) passthrough payments.

  • The persons or entities excluded from the Class are: (1) agencies, departments, or instrumentalities of the United States of America or the State of Oklahoma; (2) Commissioners of the Land Office of the State of Oklahoma (CLO); (3) publicly traded oil and gas companies and their affiliates; (4) Citation Oil and Gas Corp. and its affiliates; (5) 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 Gallant, and their relatives; and (6) officers of the court.

    Also, you are not a Class Member if you excluded yourself from the Settlement Class by submitting a valid and timely request for exclusion in accordance with the requirements set forth in the Notice and in the Settlement Agreement. The procedure for requesting exclusion from the Settlement Class is described below in the Answer to FAQ 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 1-888-906-0588, or write to the following address:

    McClintock-Enterprise Settlement
    c/o JND Legal Administration, Settlement Administrator
    PO Box 91308
    Seattle, WA 98111

  • In consideration of the Settlement, Defendant has agreed to pay $5,900,000.00 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 above in Answer to FAQ 2. 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 below in the Answer to FAQ 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 FAQ 13 below, 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.

    You may receive information about the progress of the Settlement on the landing page of this website, or by calling or writing to:

    McClintock-Enterprise Settlement
    c/o JND Legal Administration, Settlement Administrator
    PO Box 91308
    Seattle, WA 98111

  • 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

    "Claim Period" means April 26, 2012 through September 1, 2020.

    "Released Claims" include all claims and damages (statutory, contract, tort, equitable, punitive, and other relief) of the Releasing Parties related to underpaid, unpaid and incorrectly paid interest on Oil and Gas proceeds from Oklahoma wells. The release shall include claims asserted in the Litigation, or that could have been asserted in the Litigation, and shall extend to and include Released Parties. The release also shall extend to and include all claims, demands, actions, causes of action, allegations, rights, obligations, costs, losses, and damages arising in whole or in part at any time from payments made from April 26, 2012 to September 1, 2020 from or in connection with acts or omissions of the Released Parties of any and every kind or nature, whether in law or in equity, whether in tort or contract, whether arising or could have been asserted in the Litigation. No other claims are released, including but not limited to: (1) claims of Owners for earned statutory interest on any Untimely Payments made by Defendant prior to April 26, 2012, (2) claims for statutory interest related to prior period adjustments; and (3) any other claims that class members may have against Defendant other than the specific earned statutory interest claims under the PRSA set out in the first sentence of this paragraph.

    "Released Parties" means Defendant as well as its respective parent companies, subsidiaries, affiliates, former or present officers, directors, members, employees, agents, attorneys, board members, successors, assigns, and consultants.

    "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.

  • The deadline to get out of the Settlement has now passed. To get out of the Settlement, you had to exclude yourself from the Settlement Class. To exclude yourself from the Settlement Class, you had to send a written exclusion request by certified mail, return receipt requested, to Defendant's Counsel, Plaintiff's Counsel, and the Settlement Administrator a written statement that you wanted to be excluded from the Settlement Class, to be received no later than March 10, 2021 at 5 p.m. CT.

    If you did not send a timely opt-out request—including meeting the date for exclusion set out above—you are not 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 had to 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 excluded 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 have excluded yourself from this Settlement Class to continue your own lawsuit or arbitration against any of the Released Parties.

  • No. If you excluded yourself from the Settlement Class, you may be able to sue, continue to sue, or be part of a different lawsuit or arbitration against the Released Parties, but you will not receive any money from the Settlement discussed in the Notice.

  • 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., 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 FAQ 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 $2,360,000.00 to be paid out of the Gross Settlement Fund. Plaintiff’s Counsel has been litigating this case for over four 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 which will be incurred through final distribution of the Settlement, up to $150,000.00. 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 $24,000.00.

  • If you are a Class Member and you did not exclude yourself, you could have objected to the Settlement if you do not like any part of it. The deadline to object to the Settlement has now passed. To object, you had to send a written statement to the Court, Plaintiff's Counsel, and Defendant's Counsel saying that you object to the proposed Settlement.

    Your written objection had to be filed with the Court and served on Plaintiff's Counsel and Defendant's Counsel by certified mail return receipt requested, and received no later than March 10, 2021.

    UNLESS OTHERWISE ORDERED BY THE COURT, ANY SETTLEMENT CLASS MEMBER WHO DID 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 March 24, 2021 at 10.00 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 and 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 litigation expenses by Plaintiffs 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. Plaintiffs 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 filed and served an objection (see Answer to FAQ 18, above), you do not have to come to Court to talk about it. As long as you properly filed and served 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 failed 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 could have asked the Court for permission to speak at the Final Fairness Hearing. To do so, you had to send a letter or other paper called a "Notice of Intention to Appear at Fairness Hearing in Paula Parks McClintock v. Enterprise Crude Oil, LLC." Your Notice of Intention to Appear had to be served on and received by the counsel listed in Answer to Question 18 of the Notice and filed with the Clerk of the Court at the address in Answer to Question 18 of the Notice no later than March 10, 2021 at 5 p.m. CT. You cannot speak at the Final Fairness Hearing if you excluded yourself from the Settlement Class.

    If you objected to the Settlement or any part thereof and you or your attorney wish to be heard at the Final Fairness Hearing, you had to file a Notice of Intention to Appear as outlined above by the date specified for objections in the Answer to FAQ 18 in order to present your objection at the Hearing (see also Answer to FAQ 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 FAQ 9 above 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 for free, or you may request copies by writing to McClintock-Enterprise Settlement, c/o JND Legal Administration, Settlement Administrator, PO Box 91308, Seattle, WA 98111. If you elect to obtain copies from a source other than the free 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. Enterprise Crude Oil, LLC, Case No. CIV-16-136KEW, 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 FAQ 18 above.

  • This website will be updated regularly with answers to common questions about the Settlement plus other information to help you determine whether you are a Class Member and whether you are eligible for payment.

    You can also call 1-888-906-0588 toll free or write to: McClintock-Enterprise Settlement, c/o JND Legal Administration, Settlement Administrator, PO Box 91308, Seattle, WA 98111.

    INQUIRIES

    All inquiries concerning the notice or any other questions by Class Members should be directed to the Settlement Administrator as follows:

    McClintock-Enterprise Settlement
    c/o JND Legal Administration, Settlement Administrator
    PO Box 91308
    Seattle, WA 98111
    Toll Free: 1-888-906-0588
    Email: info@mcclintockventerprise.com

    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-Enterprise Settlement
c/o JND Legal Administration
PO Box 91308
Seattle, WA 98111