Adair v. EQT Corporation et al

Filing 588

ORDER granting 565 Motion to Certify Class. Signed by Judge James P. Jones on 3/29/17. (flc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ABINGDON DIVISION
ROBERT ADAIR, ON BEHALF OF
HIMSELF AND ALL OTHERS
SIMILARLY SITUATED,
Plaintiff,
v.
EQT PRODUCTION COMPANY,
Defendant.

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Case No. 1:10CV00037
ORDER AS TO
CLASS CERTIFICATION
By: James P. Jones
United States District Judge

For the reasons set forth in the Opinion accompanying this Order, it is
ORDERED as follows:
1.

The Renewed Motion for Class Certification (ECF No. 565) is

GRANTED and this action is hereby certified as a class action pursuant to Rules
23(a) and 23(b)(3) of the Federal Rules of Civil Procedure with respect to the
claims for breach of fiduciary duty, conversion, and unjust enrichment, but
excluding the issues of the defendant’s allegedly excessive deductions and
allegedly late payments into escrow;
2.

The class certified (the “Class”) is defined as follows:

All coalbed methane gas (“CBM”) claimants who were
identified by EQT Production Company (“EQT”) in filings with the
Virginia Gas and Oil Board as unleased owners of CBM estate
interests and for whom EQT has applied, as of the later of the date of

this Court’s class certification order or the resolution of an
interlocutory appeal of such order, pursuant to Virginia Code § 45.1361.22:2(A), for the release of funds held in escrow or internally, and
all such gas claimants who have received distributions from escrow or
directly from EQT as a result of a judicial determination of ownership
or agreement between June 15, 2010 and January 1, 2016. “Gas
claimants” is as defined by Virginia Code § 45.1-361.1.
The Class excludes (a) EQT, (b) any person who serves as a
judge in this civil action and his/her spouse, (c) any individuals who
have received a Court-supervised accounting of EQT’s CBM royalty
payments into escrow or internal suspense, and (d) any person who
operates a CBM well in Virginia and any person who holds a working
interest in a CBM well operated by EQT in Virginia.
3.

Robert Adair is appointed as Class representative; and

4.

The following law firms are appointed jointly as Class counsel:

Lieff Cabraser Heimann & Bernstein, LLP; Daniel Coker Horton & Bell,
P.A.; Glubiak Law Office; Neal & Harwell, PLC; Law Offices of Richard R.
Barrett, PLLC; Barrett Law Group, P.A.; and The White Law Office.

ENTER: March 29, 2017
/s/ James P. Jones
United States District Judge

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