Case Update | Fleeson, Gooing

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Wichita, KS 67202
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Case Profile

COULTER et al. v. ANADARKO PETROLEUM CORPORATION
Stevens County, Kansas, Case No. 98 CV 40

Plaintiffs filed this action on October 10, 1998 against Anadarko Petroleum Corporation.

On August 22, 2000, the Court certified the lawsuit as a class action under K.S.A. 60-223 and named Gilbert Coulter and Elizabeth Leighnor as Class Representatives. On June 9, 2009, after the deaths of Gilbert Coulter and Elizabeth Leighnor, Timothy Coulter was substituted as Class Representative.

During the entire period (nearly 11 years) that this lawsuit has been pending, Plaintiff Class has been represented by Thomas D. Kitch, Gregory J. Stucky and David G. Seely of Fleeson, Gooing, Coulson & Kitch, L.L.C., of Wichita, Kansas, and B.E. Nordling (now deceased) and Erick E. Nordling of Kramer, Nordling & Nordling, LLC of Hugoton, Kansas.

In June 2009, the parties to the lawsuit executed a Stipulation of Settlement, which the court preliminary approved on June 22, 2009.

On July 22, 2009, Class Counsel mailed a copy of the Notice of Proposed Settlement of Class Action to each member of the Plaintiff Class, as redefined in the Stipulation of Settlement, at the most recent address known to Anadarko.

A Fairness Hearing was held on September 15, 2009 for consideration of this settlement and other matters. On September 19, 2009, the trial court entered an order approving the settlement.

On October 13, 2009, Stan E. Boles, a member for the Plaintiff Class, filed a Notice of Appeal. The distribution contemplated by the settlement will be delayed pending the disposition of that appeal.

By virtue of the appeal filed by Stan E. Boles, the sole objector to the settlement, the case is now pending in the Kansas Court of Appeals. Mr. Boles' brief is presently due on February 4, 2010. Thereafter, the Plaintiff Class will file its brief in support of the settlement, and Mr. Boles will have an opportunity to file a reply brief. After the completion of that briefing, the matter will be set for oral argument before the Kansas Court of Appeals. Thereafter, the Court of Appeals will render its opinion on the appeal. This process could last approximately one year.

To view the Preliminary Payment Schedule, click here.* (Depending on the speed of your connection, this document may take several minutes to download.)

The following index identifies significant documents which were filed in this case. You may view these documents using Adobe Acrobat Reader.

*To view the Preliminary Payment Schedule and/or the following documents, the program "Adobe Reader" must be installed on your computer. If you do not already have this program on your computer, you may download the latest version directly from the Adobe website by clicking on the following logo.

COULTER et al. v. ANADARKO PETROLEUM CORPORATION Pleadings Index
Date	Description
10-13-09	Notice of Appeal
09-19-09	Journal Entry of Judgment Exhibit A - Stipulation of Settlement Exhibit B - Opt Out Listing Exhibit C - Plan of Allocation Exhibit D - Escrow Agreement
08-20-09	Memorandum in Support of Petition for Allowance of Reasonable Attorney Fees and Litigation Expenses
08-20-09	Petition for Allowance of Reasonable Attorney Fees and Litigation Expenses
06-22-09	Notice Order Exhibit A - Stipulation of Settlement Exhibit A - Amendment and Supplement to Petition Exhibit B - Escrow Agreement Exhibit C - Gathering, fuel and line loss data Exhibit D - Notice Order Exhibit E - Journal Entry of Judgment Exhibit B - Notice of Proposed Settlement of Class Action Exhibit C - Published Notice of Proposed Settlement
06-22-09	Stipulation of Settlement Exhibit A - Amendment and Supplement to Petition Exhibit B - Escrow Agreement Exhibit C - Gathering, fuel and line loss data Exhibit D - Notice Order Exhibit E - Journal Entry of Judgment
06-22-09	Amendment and Supplement to Petition
06-09-09	Order on Motion for Substitution of Parties
06-03-09	Motion for Substitution of Parties
10-01-07	Defendant's Joinder in Motion to Recuse
09-20-07	Motion to Recuse
07-28-06	Scheduling Order
10-06-06	Plaintiffs' Submission of Supplemental Authority Supportive of Plaintiffs' Proposed Findings and Conclusions (Order On Marketability And Reasonableness of Costs attached)
05-23-06	Plaintiffs' Response to Defendant's Memorandum of Supplemental Authority
05-11-06	Defendant Anadarko Petroleum Corporation's Memorandum of Supplemental Authority
02-24-06	Motion for Re-Argument
05-08-02	Memorandum In Opposition to Anadarko's Motion to Reconsider Denial of Motion to Decertify the Class
05-03-02	Defendant Anadarko Petroleum Corporation's Motion to Reconsider Denial of Motion to Decertify the Class
04-19-02	Anadarko Petroleum Corporation's Suggested Findings of Fact and Conclusions of Law - Summary of Case and Overview of Suggested Findings
04-19-02	Plaintiffs' Proposed Findings of Fact and Conclusions of Law
02-11-02	Anadarko Petroleum Corporation's Corrected Memorandum in Support of its Motion for Judgment as a Matter of Law
01-30-02	Trial Brief of Defendant Anadarko Petroleum Corporation
12-20-01	Journal Entry of Decision by the Court Upon the Defendant's Motion for an Interlocutory Appeal
12-13-01	Anadarko Petroleum Corporation's Combined Motion & Memorandum to Amend Order by the Court Upon the Plaintiffs' Motion for Trial by the Court so as to Permit Defendant to File an Interlocutory Appeal
12-01-01	Order by the Court Upon the Plaintiffs' Motion for Trial
11-21-01	Journal Entry of Decision by the Court Upon Plaintiff's Motion for Punitive Damages
11-20-01	Journal Entry of Decision by the Court on Defendant's Motion for Summary Judgment
11-20-01	Journal Entry of Decision by the Court on Plaintiff's Motion for Partial Summary Judgment
10-23-01	Reply in Support of Plaintiffs' Motion for Trial by the Court
10-08-01	Anadarko Petroleum Corporation's Response to Plaintiffs' Motion for Trial by the Court
09-25-01	Plaintiffs' Motion for Trial by the Court
08-20-01	Plaintiffs' Supplemental Brief Regarding Rogers v. Westerman
08-06-01	Supplemental Brief in Support of Anadarko Petroleum Corporation's Motion for Summary Judgment
04-30-01	Corrected Brief of Amicus Curiae Oxy USA, Inc.
03-16-01	Reply in Support of Plaintiffs' Motion for Partial Summary Judgment
03-14-01	Anadarko Petroleum Corporation's Reply in Support of its Motion for Summary Judgment
02-22-01	Plaintiff's Memorandum in Opposition to Anadarko's Motion for Partial Summary Judgment (filed under Seal)
02-20-01	Anadarko Petroleum Corporation's Memorandum In Opposition to Plaintiffs' Motion for Partial Summary Judgment
01-16-01	Memorandum in Support of Plaintiffs' Motion for Partial Summary Judgment (filed under seal)
01-12-01	Memorandum in Support of Defendant Anadarko Petroleum Corporation's Motion for Summary Judgment (filed under Seal)
01-12-01	Defendant Anadarko Petroleum Corporation's Motion for Summary Judgment
01-12-01	Plaintiffs' Motion for Partial Summary Judgment (w/o exhibits)
09-27-00	Reply in Support of Plaintiffs' Motion for Leave to Assert a Claim for Punitive Damages
08-22-00	Order on Class Certification
08-25-00	Defendant's Response to Plaintiffs' Motion for Leave to Assert a Claim for Punitive Damages
07-28-00	Memorandum in Support of Motion for Leave to Assert Claim for Punitive Damages
07-28-00	Motion for Leave to Assert Claim for Punitive Damages
06-12-00	Plaintiffs' Reply Brief in Support of Their Motion For Class Certification
06-12-00	Plaintiffs' Motion to Amend Pleadings
05-11-00	Anadarko Petroleum Corporation's Response to Plaintiffs' Motion for Class Certification (w/o exhibits)
02-14-00	Order Severing Counterclaim and Consolidating Counterclaim of Coulter v. Anadarko with other Pending Consolidated Actions by the Court
01-27-00	Memorandum in Support of Plaintiffs' Motion for Class Certification
01-27-00	Plaintiffs' Motion for Class Certification
10-08-99	Memorandum and Order
09-17-99	Plaintiffs' Reply Memorandum in Support of Their Motion to Remand (w/o exhibits)
08-19-99	Defendant Anadarko Petroleum Corporation's Response in Opposition to Plaintiffs' Motion To Remand
07-26-99	Order Allowing Intervention
07-09-99	Unopposed Motion for Certification of Questions of Law
07-09-99	State of Kansas' Unopposed Motion
06-17-99	Plaintiffs' Memorandum in Support of Their Motion to Remand (w/o exhibits)
06-17-99	Plaintiffs' Motion to Remand
04-16-99	Second Amended Reply to Counterclaim
02-10-99	First Amended Reply to Counterclaim
12-18-98	Answer to Counterclaim
11-25-98	Defendant's Answer and Counterclaims
11-12-98	Notice of Filing of Notice of Removal
10-07-98	Petition