HomeMy WebLinkAbout20123229.tiff DISTRICT COURT RECEIVED
CITY AND COUNTY OF DENVER
NOV 0 E
1437 Bannock Street
Denver, CO 80202 WELD COUNTY
C0MMISSinmrt'
Plaintiffs: DAVID PATTERSON, et al.
Defendants: BP AMERICA PRODUCTION COMPANY
f/k/a AMOCO PRODUCTION COMPANY
♦ COURT USE ONLY
George A. Barton, MO Bar No. 26249
Law Offices of George A. Barton, P.C. Case Number: 03CV9926
4435 Main Street, Ste. 920
Kansas City, MO 64111
(816) 300-6250 Courtroom: 209
Fax: (816) 300-6259
Charles Carpenter, #012197
1512 Larimer St., Ste. 600
Denver, CO 80202
(303) 831-1745
Fax: (303) 607-0472
ATTORNEY FOR PLAINTIFFS
AND THE CLASS
NOTICE OF CERTIFICATION OF CLASS ACTION AGAINST
BP AMERICA PRODUCTION COMPANY
TO: THE POTENTIAL MEMBERS OF THE CERTIFIED CLASS
IMPORTANT NOTICE: YOUR LEGAL RIGHTS MAY BE AFFECTED
IF YOU RECEIVED NATURAL GAS ROYALTY PAYMENTS FROM AMOCO PRODUCTION
COMPANY, NOW KNOWN AS BP AMERICA PRODUCTION COMPANY (THE DEFENDANT
IS REFERRED TO HEREIN AS "BP AMOCO"), ON NATURAL GAS PRODUCTION IN WELD
OR ADAMS COUNTIES IN COLORADO BETWEEN JANUARY 1, 1986 AND DECEMBER 1,
1997, THIS NOTICE MAY AFFECT YOUR RIGHTS.
A CLASS ACTION HAS BEEN CERTIFIED IN A PENDING CLASS ACTION LAWSUIT
AGAINST DEFENDANT BP AMOCO. THE CLASS ACTION LAWSUIT ("THE LAWSUIT")
CONCERNS BP AMOCO'S ALLEGED UNDERPAYMENT OF ROYALTIES TO BP AMOCO
ROYALTY OWNERS. THE LAWSUIT IS PENDING IN THE DISTRICT COURT FOR THE
CITY AND COUNTY OF DENVER, COLORADO. THE LAWSUIT HAS BEEN BROUGHT
AGAINST BP AMOCO BY VARIOUS BP AMOCO ROYALTY OWNERS ACTING ON
2012-3229
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BEHALF OF THEMSELVES AND OTHER SIMILARLY SITUATED BP AMOCO ROYALTY
OWNERS.
THIS IS NOT A LAWSUIT BY DEFENDANT BP AMOCO AGAINST YOU OR A
SOLICITATION BY A LAWYER. THE COURT HAS NOT YET RULED ON THE MERITS OF
THE PLAINTIFFS' CLAIMS OR THE AFFIRMATIVE DEFENSES ASSERTED BY
DEFENDANT BP AMOCO.
1. Why is This Notice Being Sent To You?
You are being sent this notice because you appear to be a member of the Class in the Lawsuit (as
described below). The Plaintiffs' attorneys have obtained information indicating that you were paid
royalties on natural gas produced by BP Amoco in Weld or Adams Counties in Colorado between January
1, 1986 and December 1, 1997. This Notice explains the claims being asserted in the Lawsuit, your right
to remain a member of the Class (as explained in Section 4 of this Notice), and your right to opt out of the
certified Class (as explained in Section 5 of this Notice).
The Lawsuit was filed as a class action against BP Amoco in December 2003 in the District Court
for the City and County of Denver, Colorado ("Denver District Court"). On August 31, 2009, the Denver
District Court entered an Order certifying the Lawsuit as a class action. District Judge Robert Hyatt is
currently presiding over the Lawsuit.
The Class of persons whose claims have been certified is defined as follows:
All persons and entities, including their respective successors and assigns, to whom
BP's predecessor, Amoco Production Company ("BP"), paid royalties or overriding
royalties (collectively, "Royalties") on natural gas, including natural gas liquids extracted
therefrom after it is severed from the wellhead ("Natural Gas"), produced from wells
located in Weld or Adams Counties in Colorado between January 1, 1986, and December
1, 1997 pursuant to leases or overriding royalty agreements which do not expressly
authorize the deduction of costs incurred to market such gas after it is severed from the
wellhead in the calculation of royalties (collectively, "Royalty Agreements"), and which
was processed at BP's Spindle or Wattenberg plants. The defined Class excludes: (a) the
United States of America; (b) Anadarko Petroleum Corporation ("Anadarko"), formerly
known as Union Pacific Resources Corporation, and its affiliates; (c) Kerr-McGee
Onshore, Inc. ("Kerr-McGee"), formerly known as Kerr-McGee Rocky Mountain
Corporation and formerly known as HS Resources, Inc., and Kerr-McGee's affiliates; (d)
the State of Colorado; and (e) any person or entity, and their affiliates, who was a working
interest owner in a well located in Colorado and on whose behalf BP paid royalties on
Natural Gas produced by BP in Colorado between January 1, 1986 and December 1, 1997.
The Denver District Court has appointed the attorneys for the Plaintiffs to act as the attorneys for
the Class ("Class Counsel"). The names and addresses of Class Counsel are listed in Section 6 of this
Notice.
2. What is a Class Action?
A class action is a type of lawsuit in which the named plaintiffs bring a suit on behalf of other
similarly situated persons, to recover damages and other relief on behalf of other persons they represent,
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without the necessity of each person incurring the expense of filing a separate lawsuit, or joining in the
lawsuit. Class actions are frequently brought when issues of fact or law are common, making it fair to
bind all class members to the orders and judgment in the case, without the necessity of litigating multiple
lawsuits involving similar claims.
3. What is The Lawsuit Against BP Amoco About?
The Lawsuit against BP Amoco seeks monetary damages on behalf of the Class, based upon
Plaintiffs' claims that BP Amoco underpaid royalties due and owing to the Class on BP Amoco's natural
gas production in Weld and Adams Counties between January 1, 1986 and December 1, 1997.
The Plaintiffs claim that BP Amoco underpaid royalties relating to natural gas produced from BP
Amoco wells in Adams and Weld Counties in Colorado, by improperly deducting from those royalties
certain costs incurred to place the gas in a marketable condition, and to deliver the gas to the location of
the commercial marketplace.
BP Amoco denies Plaintiffs' claims, and denies any liability to Plaintiffs or to any member of the
Class.
A more complete description of the Lawsuit, its status, and the rulings made in the Lawsuit are
available in the file for the Lawsuit maintained by the Denver District Court. Alternatively, should you
have questions regarding the status, rulings or issues in the Lawsuit, such questions can be submitted in
writing to Class Counsel at the addresses provided in Section 6 of this Notice.
4. Remaining A Member of the Class.
If you choose to remain a Class member, you do not need to take any action whatsoever.
Class Counsel will represent your interests as a member of the Class. You will not be charged for their
services or costs, other than as may be deducted from any settlement amount or judgment, as approved by
the Court. However, you will be bound by the result of the Lawsuit, regardless of the outcome, even if no
recovery is had. Class members will be barred from bringing any separate legal action against BP Amoco
for the claims described in this Notice. If you remain a member of the Class, you will receive notices of,
and may participate in, any monetary damages obtained on behalf of the Class. For this reason, you
should notify Class Counsel (in writing at the addresses provided in Section 6 of this Notice) of any
corrections to, or changes in, your name or address. You also have the option of entering your appearance
in the Lawsuit through your own counsel, at your sole cost, if you so desire.
5. How You May Request to Be Excluded From the Class.
You may elect to be excluded from the Class, otherwise known as "Opting Out." If you elect to
be excluded from the Class, you will not be bound by the judgment and final disposition of the Lawsuit.
You will retain and will be free to pursue any claims you may have on your own behalf against BP
Amoco. BP Amoco will have the right to assert any defenses or counterclaims it may have against you.
You should consult with your own attorney, at your sole cost, regarding your rights as well as any
defenses available to BP Amoco as to your claims. To be excluded from the Class,you must provide a
written election to be excluded from the Class to Mr. George Barton, one of the Class Counsel, at
the address set forth in Section 6 of this Notice. The Opt Out election must contain your full name, BP
Amoco owner number(s) (if known), current address, telephone number, and either your signature or the
signature of a person authorized to request exclusion from the Class on your behalf. The written Opt
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Out election must be postmarked and mailed to Mr. Barton 's office on or before Friday, January 4,
2013.
6. Class Counsel.
The following attorneys have been appointed as Class Counsel :
Mr. George Barton Mr. Charles Carpenter
Law Offices of George A. Barton, P. C. 1512 Larimer Street, Suite 600
4435 Main Street, Suite 920 Denver, CO 80202
Kansas City, MO 64111 Phone: (303) 831 - 1745
Phone: (816) 300-6250 Fax: (303 ) 607-0472
Fax: (816) 300-6259
In any written correspondence with Class Counsel, it is important that your correspondence recites
the following case name and identifying numbers for the Lawsuit:
Patterson, et. al. , v. BP America Production Company f/k/a Amoco Production Company,
Case No. 03CV9926, Denver District Court.
In addition, you should include your full name, BP Amoco owner number (if known), address and
telephone number.
7. If You Want to Inspect the Court File.
The complaints, answers, pleadings, court orders, and other relevant documents are in the court
file for this case, and may be inspected and copied at the following address:
District Court
City and County of Denver
1437 Bannock Street
Denver, CO 80202
DO NOT WRITE OR TELEPHONE THE CLERK' S OFFICE if you have any questions
about this Notice. ANY QUESTIONS CONCERNING THIS NOTICE OR THE LAWSUIT
SHOULD BE DIRECTED TO CLASS COUNSEL.
PLEASE DO NOT CALL BP AMOCO, THE COURT OR THE COURT CLERK
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