Cooper Clark Foundation v. Oxy U.S. Inc.
Cooper-Oxy Settlement
2016-CV-000039

Welcome to the Cooper-Oxy Settlement Website

If You Are or Were an Oxy USA, Inc. Royalty Owner in a Kansas Oil and Gas Well, You Could Be a Part of a Proposed Class Action Settlement.

Important Update: The Settlement Administrator began issuing Distribution Checks to eligible Class Members on February 18, 2022.

What is this lawsuit and Settlement about?

The Litigation alleges that Oxy USA, Inc. breached an implied covenant to market in the underlying leases by taking deductions from royalties and not basing royalty payments on the highest arms’-length sales price. Defendant expressly denies all allegations of wrongdoing or liability with respect to the claims and allegations in the Litigation. The Court has made no determination with respect to any of the parties’ claims or defenses.

What does the Settlement provide?

In settlement of all claims alleged in the Litigation, Defendant has agreed to pay Seven Million Five Hundred Thousand Dollars ($7,500,000.00) in cash. The $7,500,000.00 cash payment is referred to as the “Gross Settlement Fund”. The Gross Settlement Fund, less Class Counsel’s Fees and Expenses, Administration Expenses, any case contribution awards to Class Representatives, and other costs approved by the Court (the “Net Settlement Fund”), will be distributed to Class Members.

Who is included?

The Settlement Class consists of all non-excluded royalty owners in Kansas wells: (a) where Oxy USA, Inc. was the operator (or as a non-operator, separately marketed gas); (b) who were paid royalties for production of Gas, NGLs, or Helium from July 1, 2007 to April 30, 2014; and (c) whose gas was marketed under (i) the Gas Processing Agreement for the Amoco Hugoton Jayhawk Plant, between Amoco Production Company and OXY USA, Inc., dated June 15, 1998, as amended, (ii) the Gathering and Processing Agreement between Oxy USA, Inc. and Regency Midcon Gas, LLC dated December 1, 2004, as amended, (iii) the Gathering and Processing Agreement between Oxy USA Inc. and Regency Midcon Gas, LLC dated September 1, 2003, as amended, and (iv) the Processing Agreement between Oxy USA, Inc. and Duke Energy Field Services, LP dated as of August 1, 2005, as amended.

Excluded from the Class are: (1) the Office of Natural Resources Revenue, formerly known as the Mineral Management Service (Indian tribes and the United States); (2) all presiding judge(s) together with their immediate family members; (3) Oxy USA, Inc., its affiliates, its predecessors-in-interest, and their respective employees, officers, and directors; and (4) any publicly traded company or its affiliated entity that produces, gathers, processes, or markets gas.

YOUR LEGAL RIGHTS AND OPTIONS

If you belong to the Settlement Class and the Settlement is approved, your legal rights will be affected. Read the Notice carefully to see what your rights and options are in connection with the Settlement.

These deadlines may be moved, canceled, or otherwise modified, so please check this site regularly for updates.

Option and Deadline Event
Do Nothing, Participate In The Settlement By taking no action, your interests will be represented by Plaintiff as the Class Representative and Plaintiff’s Counsel. As a Class Member, if you are entitled to a distribution pursuant to the Allocation Methodology, you will receive your portion of the Net Settlement Fund and you will be bound by the Settlement Agreement and all orders and judgments entered by the Court regarding the Settlement.
Exclude Yourself
(received by November 23, 2021 at 5 p.m. CT)
(passed)
If you do not wish to be a member of the Settlement Class, then you must exclude yourself from the Settlement Class. If you validly request exclusion, you will not receive any distribution from the Net Settlement Fund, 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. For more information, see FAQ 5.
Object
(received by November 23, 2021 at 5 p.m. CT)
(passed)
Any Class Member who wishes to object to any part of the Settlement, the Initial Plan of Allocation, and /or application for Class Counsel's Fees and Expense or case contribution award to Plaintiffs may file an objection. For more information, see FAQ 6.
Attend the Final Fairness Hearing
on December 8, 2021 at 1:30 p.m.
At the Settlement Fairness Hearing, the Court will consider: (a) whether the Settlement is fair, reasonable, and adequate; (b) any timely and properly raised objections to the Settlement; (c) the Initial Plan of Allocation and Distribution; and (d) the application for Class Counsel’s Fees and Expenses and case contribution awards for Class Representatives relating to their representation of the Class.

For More Information

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

Mail
Cooper-Oxy Settlement
c/o JND Legal Administration
PO Box 91345
Seattle, WA 98111