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Home My WebLink About20160803.tiff "" PAGE OF DOCUMENT CLUDED IN PAPER FILE . REMAINDER RETAINED LAW OFFICES ELECTRONICALLY IN TYLER. OF GEORGE A. BARTON, P.C. 7227 Metcalf Ave., Suite 301 Overland Park, KS 66204 Facsimile: (S 16) 300-6259 George A. Barton DtRecr DIAL: (816) 300-6250 Email: gab@georgebartonlaw.com February 25, 2016 Re: Patterson, et al, v. BP America Production Co. f/k/a Amoco Production Company, Case No. 2003 -CV-9926, District Court City and County of Denver, Colorado Dear Class Member: In my capacity as lead counsel for the Class of royalty owners in the above-referenced case, I am enclosing a check for your Class member share of the judgment amount which has been recovered on behalf of the certified Class of royalty owners from defendant BP America Production Company (f/k/a Amoco Production Company). In November 2012, you should have received in the mail a notification of the Denver District Court 's order certifying that the above-referenced case would proceed as a class action. In September 2013 , the royalty underpayment claims of the certified Class members against BP America Production Company were tried to a jury, resulting in a verdict in favor of the certified Class. In March 2015 , the judgment in favor of the Class members was affirmed by the Colorado Court of Appeals. The appeal process was recently concluded. On October 21 , 201 5, BP America Production Company paid the judgment in favor of the certified Class. The enclosed check is your proportionate share of that judgment amount. If you have any questions, please call attorney Cathie McLeod in my office (816-3Q0- 6252), or my firm ' s bookkeeper, Ms. Wendy Bado (913-563 -6256), or send Cathie McLeod an email (cathiegeorgebartonlaw. com) . I, as well as my co-counsel, Steve Long and Chuck Carpenter, are pleased that this class action case has resulted in a favorable outcome for the 4,000 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 BP America Production Company. ours e y, 2016-0803 LEt ' °° George arton LE004' ! LEOO(° LE00ds goo92 LE6O1 � � � ti °4;13° LEOC6 � CorY1r1kru'Cai17ro LfDO7� LtuyaggeLe attics Pr- M- lip o001woW LEcolosel L. 2, O a cpc) b6Ukfr LECOciD I N (0 0 _Il'll E22 6 Tr r a ai Mcro r r 0 1/4O N 0 r o m Qn r co M 00 CO r w O Z C O ot r Q TO a V \ 1 C M ` '• ••Clr n o co o L „ ) \ o m `o d w \ iI et a; `. ` 1� _ — 0 �^" 0 cc en U F..m 0V W j wU.I CD ,a cc U .2 Ilk ft. N E W/ w or n a N r IL 0' ¢ LL ... (0 CO NO1 CV IX)r � V A O 3 O a co r d 32908 00 AaiaaJ0 Q a r m Z 89L Xo9 Od a ' ._. alimos ayl 01 miena opeJolo0 'Auno0 PIpM fig CO M C co N N N N a ,0 r--- in CO Tao • m 0 9 o M fg)u co Z C CO O Q >-(C 4..... W M Zz W r� v N O=O . l 00 00 ( a co 00 2 i E 01 CD_ Ts LU u. I-La i g .4t— —Q c cc al OO \ M� 0 (� +O m Q f_v v' C V v J \\` G L tu £ �\j \� E 0 0 H i !` 1 fn E U a- rk m 4 2 m`° o. m o w �--' 2O � z z c a LL o A W w w a G m W CL Obi b in 0 m Y W ws O Cs. 5 Eo a a_4 _ v LNL `� U F m L LL g W U CD m Z£908 00 AaIaaJO a N E 89L Xo8 Od J '° N N a P�eoB aya o3 MJ8ID a.� o o -, opeiolo0 'puno0 plats m a x G� z W a a mai DISTRICT COURT CITY AND COUNTY OF DENVER - �L. ( _ 1 1437 Bannock Street inI j Ill Denver, CO 80202 �1 i d�NOV - 5 2012 i/i d' 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 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 Ken-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, 2 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 3 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 at, 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 4 WELD COUNTY ATTORNEYS OFFICE "41:2_8tede _ 1150 O STREET P.O. BOX 758 �P � � r ilk �� GREELEY, CO 80632-0758 Ir l WEBSITE: www.co.weld.co.us ,✓I' I'l ' ? PHONE: (970)336-7235 6-6 U N T Y j' FAX: (970)352-0242 May 3, 2013 i firt. George A Barton, P.C. 4 idc alt 4435 Main Street, Suite 920 Kansas city,Missouri 64111 Charles Carpenter 1512 Larimer Street, suite 600 Denver, Colorado 80202 Re: David Patterson, et al. v BP America Production Co. f/k/a Amoco Production Co. Gentlemen: This letter is written to enquire as to the status of the above referenced litigation. As Weld County Colorado was apparently considered a member of the class, I have been asked to follow up with you. Please direct any response to me either by U.S. Mail or by email as set forth below. Thank you for your assistance in this matter. Yours truly, -'Stephime L. Arries Assistant Weld County Attorney 1150"0" Street P.O. Box 758 Greeley, Colorado 80632 sarries@co.weld.co.us 14frfq Saa4 Pywows 11-o-Alaku cart 30� 6 h0 953 , szsit (at v-3111.4 Moto a' uneir donee °Pr ° a, ide,, .- Karla Ford From: Stephanie Arries Sent: Friday,July 11,2014 3:14 PM To: Carpenter Cc: Bruce Barker; Karla Ford Subject: RE:Status of Patterson v BP royalty underpayment litigation Thank you for the quick response! Someone from the County will be in touch with you next spring!! Stephanie L. Arries Assistant Weld County Attorney 1 150 "O" Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 ext 4394 Fax: 970-352-0242 Email: sarries@co.weld.co.us 1t re . . r , n STATEMENT OF CONFIDENTIALITY &DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Carpenter [mailto:chcarpen@comcast.net] Sent: Friday, July 11, 2014 3:06 PM To: Stephanie Arries Cc: Bruce Barker; Karla Ford Subject: RE: Status of Patterson v BP royalty underpayment litigation The jury verdict in our favor has been appealed, so no distribution payments can be made until the appeal is resolved in our favor. The Court of Appeals briefing will be complete this month, but it is unlikely that oral arguments will be set this year so we will probably not get a decision before Spring 2015 at the earliest. Please don't hesitate to contact me for further information at any time. Charles Carpenter 1401 Seventeenth St., Suite 800 Denver, Colorado 80202 Telephone: (303) 831-1745 Facsimile: (303) 296-3330 chcarpen@comcast.net From: Stephanie Arries [mailto:sarries@co.weld.co.us] Sent: Friday, July 11, 2014 2:45 PM To: Carpenter 1 Cc: Bruce Barker; Karla Ford Subject: RE: Status of Patterson v BP royalty underpayment litigation Good Afternoon Charles! I was writing to ask about the status of payments in the lawsuit referenced above. Weld County does not have any record reflecting payment in this matter at this time. Please note that I have copied Bruce Barker, Weld County Attorney, and Karla Ford, a member of the Clerk to the Board's office responsible for the management of the County's oil and gas lease records. When you reply, please reply to them as well as me. I am retiring in three weeks, and they will be the individuals who will be following this matter. Thank you for your assistance in this matter!!! Stephanie L. Arries Assistant Weld County Attorney 1150 "O" Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 ext 4394 Fax: 970-352-0242 Email: sarries@co.weld.co.us 4t r ' "Jr r STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Carpenter [mailto:chcaroen@comcast.net] Sent: Monday, December 09, 2013 5:15 PM To: Stephanie Arries Subject: RE: Status of Patterson v BP royalty underpayment litigation The jury returned a verdict for the plaintiffs of just under$8 million. The parties stipulated to prejudgment interest which increased the total judgment to just over$40 million. However,the matter is now up on appeal, again, so we probably won't have a Court of Appeals decision for at least another year. A rough guestimate of the Weld County share after attorneys' fees and expenses is $110,000, but please don't hold me to that as the Court will approve the final distribution, if any. Charles Carpenter 1401 Seventeenth St., Suite 800 Denver, Colorado 80202 Telephone: (303) 831-1745 Facsimile: (303) 296-3330 chcarpen@comcast.net From: Stephanie Arries [mailto:sarries@co.weld.co.us] Sent: Monday, December 09, 2013 4:31 PM 2 To: Carpenter Subject: FW: Status of Patterson v BP royalty underpayment litigation Charles I wanted to enquire as to the outcome of the litigation which had been scheduled for last August.—When you have a minute,could you fill me in? Thank you! Stephanie L. Arries Assistant Weld County Attorney 1150"O" Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 ext 4394 Fax: 970-352-0242 Email: sarrieseco.weld.co.us I,µ J ri STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Stephanie Arries Sent: Wednesday, May 15, 2013 2:54 PM To: 'Carpenter' Subject: RE: Status of Patterson v BP royalty underpayment litigation Charles Thank you for your letter. One item which may require clarification is that while Weld County does not have a working interests in any wells, it does own mineral interests and has leased (i.e., is the lessor) its mineral interests. Royalty payments to the County are quite substantial. If the foregoing raises additional issues let me know! Stephanie L. Arries Assistant Weld County Attorney 1150 "O" Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 ext 4394 Fax: 970-352-0242 Email: sarrieseco.weld.co.us 3 ,may, STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Carpenter [mailto:chcarpen@comcast.net] Sent: Tuesday, May 14, 2013 1:24 PM To: Stephanie Arries Cc: gab@georqebartonlaw.com; 'Cathie McLeod' Subject: Status of Patterson v BP royalty underpayment litigation Charles Carpenter 1401 Seventeenth St., Suite 800 Denver, Colorado 80202 Telephone: (303) 831-1745 Facsimile: (303) 296-3330 chcarpen@comcast.net 4 I, Karla Ford From: Carpenter[chcarpen@comcast.net] Sent: Tuesday, December 17, 2013 3:24 PM To: Karla Ford Subject: RE: Patterson v BP Royalty Underpayment Litigation Attachments: Preliminary Well List_Weld Couny royalty_12-17-13.xlsx I have attached a list of wells which appear to include Weld County royalties during the class period. I have not attempted to comprehensively determine Weld County's ownership interests during the class time period. Please understand that the attached list was compiled to facilitate a response to your request without confirming that it is accurate, so please do not rely on it for any purpose other than flagging well files which may include production involved in this lawsuit. The litigation involves gas production for which Amoco paid royalties to Weld County from 1986-1997 for wells located in Adams and Weld County. Charles Carpenter 1401 Seventeenth St.,Suite 800 Denver, Colorado 80202 Telephone: (303) 831-1745 Facsimile: (303) 296-3330 chcarpen@comcast.net From: Karla Ford [mailto:kford(alco.weld.co.us] Sent: Tuesday, December 10, 2013 4:17 PM To: chcaroerOcomcast.net Subject: Patterson v BP Royalty Underpayment Litigation Mr.Carpenter, I am working with Stephanie Arries on this file. The Clerk to the Board's Office would like a copy or list of the legal descriptions for the leases this affects. The list of wells would also work. If you could email that information to me,that would be very helpful so we have documentation to go with each file. Thanks so much! Karla Ford R Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 tel: (970)336-7215 X4228 I r - r �' pint • Confidentiality Notice:This electronic transmission and any attached documents or other writings ore 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 hove 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. 1 Well Name PERRY#1 l.ELd, KURTZ,ALBERT,GU/C/-TRUE/ORI/ LEA If (2 DITLEV-SIMONSEN GAS UNIT LEcall WELD COUNTY/C/ L0'7 L€0"' DEASON,WILLIAM, GAS UNIT 1N;��iQr'y' wJ� li MARTINEZ,JOHN, GAS UNIT KURTZ,ALBERT D, GAS UNIT/C/ LECC I? MILLER, ELTON N,/E/ O) ; FIRESTONE UNIT/A/ FIRESTONE UNIT/B/ LEO ? 9 , ' , FIRESTONE UNIT/C/ FIRESTONE UNIT SANDLIN-WELD COUNTY UNIT LE -! EASTMAN,JACK W, GAS UNIT LE Ou$d KURTZ,ALBERT D, GAS UNIT/C/-TRUE LGoo7S("2,) FREDERICK UNIT/A/ FREDERICK UNIT/B/ [E p0-(L\ FREDERICK/C/ FREDERICK/D/ BRATTAIN, MABEL, UNIT LE020Co RANKIN,J WALTER, UNIT LE oc78- WOOLLEY UNIT LEOati U TWOMBLEY, MARGARET, UNIT/C/ LEOoat QUINN,THOMAS F, GAS UNIT LEOo9 2 VYNCKIER, DONALD K,G U WELD COUNTY UNIT/B/ L.EW'a-1 WELD COUNTY POOLING UNIT LW°f3?\ MILLER, ELTON N, UNIT/C/ LEOCEa LORENZ, CHRIS, UNIT/B/ LECOICLo Hello