HomeMy WebLinkAbout20191986LAW OFFICES
OF
GEORGE A. BARTON, P.C.
7227 Metcalf Ave., Suite 301
Overland Park, KS 66204
Facsimile: (913) 563-6259
George A. Barton
DIRECT DIAL: (913) 563-6250
Email: gab@georgebartonlaw.com
May 13, 2019
Re: Miller, et al. v. Encana Oil and Gas (USA) Inc.; JAG No 2016-0455A
Dear Class Member:
RECEIVED
MAY 2 2 2019
WELD COUNTY
COMMISSIONERS
In my capacity as lead counsel for the Class of royalty owners in the above -referenced case,
I am enclosing a check for your share of the judgment amount which has been recovered on behalf
of the certified Class of royalty owners from defendant Encana Oil and Gas (USA) Inc.
Since the execution of the April 2008 Encana Class Action Settlement Agreement, the Law
Offices of George A. Barton, P.C. has pursued additional claims, beginning in March 2016, on
behalf of the Encana Settlement Class against Encana before the Judicial Arbiter Group. Through
arbitration, the royalty owners asserted that Encana failed to properly calculate and pay royalties
to you pursuant to Paragraph 10(a) of the April 2008 Encana Class Action Settlement Agreement.
After the filing of the March 2016 demand for arbitration, Encana attempted to defeat the
arbitration by arguing that the arbitration could not proceed on a class -wide basis. In 2017, the
Colorado Court of Appeals entered a decision affirming the right of the members of the Encana
Class to pursue the arbitration claims on a class -wide basis against Encana. After this decision,
our office reviewed and analyzed the method by which Encana calculated and paid royalties to
you and other members of the Encana Settlement Class who were paid royalties in the same manner
pursuant to Paragraph 10(a) of the April 2008 Encana Class Action Settlement Agreement. In the
course of our review and analyses, we discovered that Encana was utilizing a price for the sale of
natural gas liquids in the calculation of royalties paid to you under Paragraph 10(a) of the April
2008 Encana Class Action Settlement that we believed was lower than the price of natural gas
liquids which Encana should have used when calculating royalties. Encana, on the other hand,
argued during the arbitration that it was utilizing the correct price for the sale of natural gas liquids
to calculate royalties to you and other members of the Encana Settlement Class.
Based on a number of rulings made by the Arbitrator, it became clear that the Arbitrator
would ultimately enter a finding that Encana was utilizing the correct price for the sale of natural
gas liquids when calculating royalties to you and other members of the Encana Settlement Class.
If the Arbitrator had entered this finding, then Encana would have been entitled a judgment in its
favor with no monetary relief awarded to you or the other members of the Encana Settlement Class
who were paid royalties by Encana under Paragraph 10(a) of the Encana Class Action Settlement
Agreement.
As a result, our office negotiated a modest settlement with Encana to resolve the arbitration
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claims that we believe is in the best interests of you and the Encana Settlement Class. From the
Settlement Fund, Class Counsel was reimbursed for out-of-pocket expenses, but did not receive
any compensation for attorneys' fees.
I am pleased that this class action case has resulted in a favorable outcome for the 4,029
royalty owners who are members of the certified Class. Thank you for giving us the opportunity
to have represented you in this royalty underpayment litigation against Encana Oil and Gas (USA)
Inc. If you have any questions, please call me at my direct dial number, 913-563-6250.
7oursve „
11,
George A. arton
GEORGE BARTON ATTY
05/14/2019 Weld County Colorado Board of County Commissioners
Date Type Reference Original Amount Balance Due Payment
03/24/2019 Bill 5.20 5.20 5.20
Check Amount 5.20
5118
111 MoLawyer Trust ' 5'.20
Jessica Reid
From:
Sent:
To:
Cc:
Subject:
Bruce Barker
Thursday, May 23, 2019 12:05 PM
Jessica Reid; Brenda Dones
Esther Gesick; Karla Ford
RE:
This was for litigation against Encana for royalties. Started about 2009 or so. OK to put on Consent Agenda.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
•
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Jessica Reid
Sent: Thursday, May 23, 2019 11:22 AM
To: Bruce Barker <bbarker@weldgov.com>; Brenda Dones <bdones@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>; Karla Ford <kford@weldgov.com>
Subject:
Bruce and Brenda,
Do either you recognize the attached document or have an additional information on it? If so, please advise. If not, we
were thinking we would put it on the Consent Agenda next week and receipt in the check.
Jess Reid
Deputy Clerk to the Board
Weld County
1150 0 Street
Greeley, CO 80631
tel: 970-400-4212
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Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
2
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