Anderson Living Trust et al v. Energen Resources Corporation

Filing 306

ORDER by Chief Magistrate Judge Carmen E. Garza granting 305 Motion to Disburse Funds and to File Accounting and Administrative Costs. Status Report due 3/22/2022. (crc)

Case 1:13-cv-00909-WJ-CG Document 306 Filed 02/02/22 Page 1 of 2

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 GRANTING MOTION TO DISBURSE FUNDS AND
TO FILE ACCOUNTING AND ADMINISTRATIVE COSTS
THIS MATTER is before the Court upon Class Counsel’s Motion to Disburse
Funds and to File Accounting and Administrative Costs (the “Motion”), (Doc. 305), filed
January 31, 2022. In the Motion, Class Counsel explains that since the Court’s previous
Order for a Joint Status Report, (Doc. 304), filed November 1, 2021, “numerous
contacts [have been made] with class members and additional distributions based upon
locating the successors of interest of deceased or former owners have been made.”
(Doc. 305 at 1). Class counsel further explains that, during that process, “subsequent
title information furnished by the [Bills Living Trust] family to class counsel . . .
indicate[d] that when the title information received from Energen is updated with the
family conveyances, the three (3) successor interests are equal, Diane Paukstis, Liane
McMillin, and the Bills Living Trust.” Id. at 1-2. As a result of this updated information,
there will be a difference due to the Bills Living Trust in the amount of $14,949.09, and
thus Class Counsel “requests the Court authorize an additional, Class Administration
check to the Bills Living Trust” in this amount. Id. at 2. Class Counsel additionally asks

Case 1:13-cv-00909-WJ-CG Document 306 Filed 02/02/22 Page 2 of 2

that the Court extend the deadline for Class Counsel to provide a status report and final
accounting, including an accounting of administrative costs, to March 22, 2022. Id. The
Court, having reviewed the Motion and noting it is unopposed, finds the Motion is welltaken and shall be GRANTED.
IT IS THEREFORE ORDERED that Class Counsel is authorized to submit an
additional check to the Bills Living Trust in the amount of $14,949.09. IT IS FURTHER
ORDERED that Class Counsel shall provide to the Court by no later than March 22,
2022, a status report and final accounting, including a final accounting of the actual
administrative costs to be awarded to Class Administrator Barbara A. Ley, P.C., or a
further update on the status of such a final accounting.
IT IS SO ORDERED.

THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE

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