Bradley et al v. XTO Energy Inc

Filing 20

ORDER granting 16 motion to deposit funds with the Court. Plaintiffs are permitted to deposit $7,787.67 into the registry of the court, where it shall be held in an interest-bearing account and remain there pending further orders. Signed by Judge Brian S. Miller on 8/1/2022. (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
GARY S BRADLEY, et al.
v.

PLAINTIFFS

CASE NO. 3:21-CV-00079-BSM

XTO ENERGY INC

DEFENDANT
ORDER

Plaintiffs’ motion to deposit funds with the court [Doc. No. 16] is granted. Defendant
has tendered $7,787.67 to the named plaintiffs, asserting that those funds are the exact
amount owed to plaintiffs for deductions that XTO withheld from plaintiffs’ royalty
payments. The funds are currently being held by plaintiffs’ counsel in the Morgan Law Firm
Trust account. Plaintiffs assert that, as class representative, they cannot accept payment that
does not treat all class members equally and fairly. Plaintiffs seek to deposit these funds with
the court under Fed. R. Civ. P. 67(a). Defendant responds that the motion should be denied
because there is no disputed claim over the funds, and because the amount is “precisely the
amounts they requested from XTO.”
Plaintiffs’ motion is granted because there is still an ongoing dispute between the
parties as to the amount owed to plaintiffs. Accordingly, plaintiffs are permitted to deposit
$7,787.67 into the registry of the court, where it shall be held in an interest-bearing account
and remain there pending further orders.

IT IS SO ORDERED this 1st day of August, 2022.

________________________________
UNITED STATES DISTRICT JUDGE