Important Update: On October 19, 2023, the Court ordered an award of amended damages and entered judgment against the Defendants. Copies of the Court’s orders are available on the Important Documents page.

What is this lawsuit about?

This is an oil and gas class action against Defendants for alleged violations of Oklahoma law as set forth in the interest provisions of the Oklahoma Production Revenue Standards Act, 52 OKLA. STAT. § 570.10 (“PRSA” or the “Act”). The PRSA requires oil and gas companies to pay production proceeds to owners within certain time periods. With some exceptions, the first purchaser or holder of proceeds must pay statutory interest if it does not pay the proceeds on time. The payor must pay 6 percent or 12 percent interest, depending on the cause of the delay in payment. Class Representative alleges Defendants violated the PRSA by failing to pay statutory interest on late payments under this provision unless an owner makes a demand. Class Representative alleges Defendants’ conduct constitutes violations of the PRSA and fraud. Defendants denied the allegations of wrongdoing asserted in the Action, denied they have done anything wrong, and denied any liability for the claims alleged by Class Representative and members of the Class. Defendants also asserted various defenses.

Who is included?

By Order dated October 3, 2019, the Court certified the following Class:

All non-excluded persons or entities who: (1) received Untimely Payments from Defendants (or Defendants’ designees) for oil proceeds from Oklahoma wells on or after July 7, 2012, and (2) who have not already been paid statutory interest on the Untimely Payments. An “Untimely Payment” for purposes of this class definition means payment of proceeds from the sale of oil production from an oil and gas well after the statutory periods identified in OKLA. STAT. tit 52, §570.10(B)(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 second succeeding month 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(B)(3) (minimum pay); (b) prior period adjustments; or (c) pass-through 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) publicly traded oil and gas companies and their affiliates; (3) persons or entities that Plaintiffs counsel may be prohibited from representing under Rule 1.7 of the Oklahoma Rules of Professional Conduct; and (4) officers of the court.

Why did I receive a notice?

In November 2019, a Notice of Pendency of Class Action and a Request for Exclusion from Class Form was mailed to class members.

On August 27, 2020, the Court entered a Judgment Order against Defendants in the amount of $155,691,486.00 (the “Judgment Fund”). The Notice provides information regarding Plaintiff’s Attorneys’ Fees, Litigation Expenses, Administration, Notice, Distribution Costs, and a Case Contribution Award, which the Court may deduct From the Judgment Fund.