Anderson Living Trust et al v. Energen Resources Corporation

Filing 308

ORDER by Chief Magistrate Judge Carmen E. Garza granting 307 Motion to Disburse Funds and to Extend Deadline to File Final Accounting and Administrative Costs. Status report due 5/21/2022. (crc)

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 EXTEND DEADLINE TO FILE
FINAL ACCOUNTING AND ADMINISTRATIVE COSTS
THIS MATTER is before the Court upon Class Counsel’s Motion to Disburse
Funds and Extend Final Accounting (the “Motion”), (Doc. 307), filed March 21, 2022. In
the Motion, Class Counsel explains that since the Court’s previous Granting Motion to
Disburse Funds and to File Accounting and Administrative Costs, (Doc. 306), filed
February 2, 2022, “the vast majority of all funds have been disbursed.” (Doc. 307 at 1).
Class Counsel further explains that “title and ownership records . . . included Sybil
Malouff as a potential class member.” Id. Class Counsel indicates that interests were
paid to Ms. Malouff’s successors, with the exception of her sister, Josephine Fletcher,
who is deceased. Id. Class Counsel thus asks the Court to “authorize additional checks
from the Class Administration to the heirs of Josephine Fletcher equally” in the amount
of $18,138.66, each for a “total amount of $54,415.98.” Id. at 1-2. Finally, Class Counsel
asks the Court to extend the deadline for Class Counsel to provide a final accounting
and status report to May 21, 2022. Id. at 2. The Court, having reviewed the Motion and
noting it is unopposed, finds the Motion is well-taken and shall be GRANTED.

IT IS THEREFORE ORDERED that, should the Class Administrator determine
that the balance in the settlement fund is sufficient to distribute additional checks to the
heirs of Josephine Fletcher, who is deceased, equally in the amount of $18,138.66,
each for a total amount of $54,415.98, such checks may be issued.
IT IS FURTHER ORDERED that the stop payment procedure described in the
Motion, (Doc. 307 at 2, ¶ 5), is authorized.
IT IS FINALLY ORDERED that Class Counsel shall provide to the Court, by no
later than May 21, 2022, a status report and final accounting, including a final account
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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