Thacker, et al v. Chesapeake Appalachia, LLC, et al

Filing 80

OPINION & ORDER, Court ORDERS: 1) Class Reps' unopposed Mtn to certify this action as a class action is GRANTED & matter is CERTIFIED as a CLASS ACTION for settlement purposes only on behalf of following class: "All persons entitled to t he payment of a lessor's royalty by Dfts under natural gas leases owned by Dfts at any point from 2/5/92 & up to and incl 4/23/09 covering real property w/n the boundaries of the Commonwealth of Ky". 2) Class Reps unopposed Mtn for prel im approval of Settlement Agreement is GRANTED & Ptys prop settlement agreement is PRELIMINARY APPROVED; 3) Class Rep unopposed Mtn for approval Form and Manner of Ntc is GRANTED conditional upon necess additions & corrections noted by Court in this Opinion incl dates set forth above for opting out, obj to settlement & giving ntc of intent to appear at fairness hearing. Class counsel is DIRECTED to cause Long-Form Ntc to be mailed to last-known address of each class member by 9/10/09 & cause Pub lication Ntc to be published in 9/13/09 edition of Lexington-Hearlad Leader; (4) Court hereby APPOINTS the law firm of Stites & Harbison PLLC as Class Counsel; 5) Class counsel SHALL FILE by 9/10/09 a mtn in accord w/FRCP 23 (h) req Court to award re asonable atty fees in amt not to exceed 30% of Settlement Fund. Any objs to mtn be filed by 10/12/09, responses to objs filed by 10/26/09. A hearing on Mtn for Atty fees set for 11/10/09 at 1:00 PM at Pikeville, Ky;; 6) Court DESIGNATES J ohn Thacker and Jackson Rowe, Inc. as Class Representatives; 7) Class Reps unopposed mtn to set formal fairness hearing GRANTED & Formal Fairness Hearing to determine whether settlement should be given final approval is set for 11/10/09 at 1:00 PM at Pikeville,KY; 8) Class counsel SHALL FILE by 10/26/09 an Afdt identifying persons to whom ntc has been mailed & persons who have persons who have given ntc of intent to appr at formal fairness hearing. Class Counsel SHALL ALSO FILE a copy of all objs to the settlement in the record; 9) Court hereby APPOINTS Rust Consulting, Inc. as Settlement Administrator to perform the functions and duties of Settlement Administrator as defined in the Settlement Agreement. Class Counsel SHALL FILE in the record of this matter a copy of the agreement with the Settlement Administrator. Signed by Judge Karen K. Caldwell on 8/5/09. (Attachments: # 1 Exhibit - Allocation of Net Class Payment)(MCB)cc: COR