Anderson Living Trust et al v. Energen Resources Corporation

Filing 291

ORDER ADOPTING REPORT AND RECOMMENDATIONS, granting 283 ORDER on Motion for Order; adopting Report and Recommendations re 290 Report and Recommendations. by Chief District Judge William P. Johnson. (meq)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
THE ANDERSON LIVING TRUST
f/k/a THE JAMES H. ANDERSON LIVING
TRUST, et al.,
Plaintiffs,
v.

CV No. 13-909 WJ/CG

ENERGEN RESOURCES CORPORATION,
Defendant.
ORDER ADOPTING CHIEF MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court upon Chief Magistrate Judge Carmen E. Garza’s
Proposed Findings and Recommended Disposition (the “PFRD”), (Doc. 290), filed April 29,
2021, and the parties’ Joint Motion for Order (1) Preliminarily Approving Class Settlement, (2)
Approving Notice to Class Members, (3) Establishing Opt Out and Objection Procedures, (4)
Appointing a Class Administrator, and (5) Setting a Final Hearing Date to Consider Final
Approval of the Class Settlement, Attorneys’ Fees and Expenses (the “Motion”), (Doc. 283),
filed April 5, 2021.
Pursuant to 28 U.S.C. § 636(b)(1), a party may file written objections with the Clerk of
the District Court within 14 days after that party is served with a copy of a proposed findings and
recommended disposition. In this case, however, at the April 27, 2021 motion hearing, the
parties waived the objections period set forth in § 636(b)(1). (Doc. 75). The recommendation of
the Chief Magistrate Judge is therefore adopted by this Court.
The Court, having considered the terms of the parties’ Settlement Agreement, the record
of this case, the relevant law, and the recommendation of the Chief Magistrate Judge, finds the

settlement is fair, reasonable, and adequate, finds that it is preliminarily APPROVED, and that
the Motion shall be GRANTED.
IT IS THEREFORE ORDERED as follows:
1. The Settlement Agreement, (Doc. 283-1, Exhibit A), is preliminarily APPROVED as
fair, reasonable, and adequate pursuant to FED. R. CIV. P. 23(e);
2. The Notice of Class Action and Proposed Settlement (the “Notice”), (Doc. 283-1,
Exhibit A), is APPROVED as to form and content;
3. By no later than May 11, 2021, Defendant Energen Resources Corporation shall
deposit the settlement payment of $5,610,000.00 into the escrow account established
pursuant to Escrow Agreement, as set forth in Paragraph 2 of the Settlement
Agreement, and subject to the conditions set forth in the Settlement Agreement and
the Escrow Agreement;
4. Barbara A. Ley, CPA, CITP, CFF, is APPOINTED as Class Administrator, and shall
be responsible for mailing the Notice to the class members;
5. The Class Administrator shall mail by first class mail the Notice to the members of
the Settlement Class by no later than May 7, 2021;
6. Any member of the Settlement Class who wishes to request exclusion (“opt out”)
from the Settlement Class shall submit a written opt-out election, postmarked on or
before June 7, 2021. In accordance with the procedures set forth in the Notice, any
such opt-out election must be in writing, and must be mailed to Class Counsel and the
Class Administrator at the address provided in the Notice;
7. Any member of the Settlement Class who wishes to revoke their request to opt out
from the Settlement Class shall submit a written revocation, postmarked on or before

June 7, 2021; In accordance with the procedures set forth in the Notice, any such
revocation must be in writing, and must be mailed to Class Counsel and the Class
Administrator at the address provided in the Notice;
8. Any member of the Settlement Class who wishes to make objections to, or comment
on, the proposed Class Settlement, or Class Counsel’s request for attorney fees and
expense reimbursements, shall postmark and mail such objections or comments on or
before June 16, 2021. In accordance with the procedures set forth in the Notice, any
such objections or comments must be mailed to Class Counsel, Defendant Energen
Resources Corporation’s counsel, and the Court;
9. The parties shall file motions in support of final approval of the Class Settlement, and
Class Counsel shall file its request for attorney fees and expense reimbursement, no
later than June 28, 2021;
10. Any member of the Settlement Class who wishes to appear and be heard at the final
approval hearing shall postmark and mail notice of such intention by no later than
July 9, 2021. Notice of such intention must be mailed to Class Counsel, Defendant
Energen Resources Corporation’s counsel, and the Court;
11. Class Counsel and Defendant Energen Resources Corporation’s counsel may file a
response to any objections or comments by members of the Settlement Class before
July 19, 2021;
12. The Court will conduct a hearing via Zoom to consider final approval of the proposed
Class Settlement and Class Counsel’s request for attorney fees and expense
reimbursements on Monday, July 19, 2021, at 10:00 a.m., accessible as follows:
Zoom link:
Meeting ID:

https://nmd-uscourts.zoomgov.com/j/1606186263
160 618 6263

Passcode:

461786

IT IS FINALLY ORDERED that all pending discovery and case management deadlines
in this action are stayed until further order of the Court.
IT IS SO ORDERED.

_________________________________
WILLIAM P. JOHNSON
CHIEF UNITED STATES DISTRICT JUDGE