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Case Update

LINDAUER et. al v. WILLIAMS PRODUCTION RMT COMPANY
GARFIELD COUNTY, COLORADO, CASE NO. 2006 CV 317
(Updated: April 7, 2009)

Plaintiff Ivo Lindauer (and others) filed this action on September 20, 2006, against Williams Production RMT Company ("Williams").

The plaintiffs sought permission of the court to bring this action on behalf of a plaintiff class, which consisted of Williams’ royalty owners and overriding royalty in Garfield County, Colorado, excluding certain persons and entities identified in the description of the class.

Plaintiffs alleged that Williams was underpaying royalties and had failed to refund amounts withheld from royalty payments for ad valorem taxes in Garfield County in excess of the tax that Williams actually paid to the County on behalf of such royalty owners.

In October, 2008, the parties to the lawsuit executed a Settlement Agreement. On October 21, 2008, the Court entered an Order which directed that Notice be mailed to the Plaintiff Class and a Fairness Hearing be held on March 20, 2009, at 1:00 p.m. in the Garfield County District Court, 109 8th Street, Greenwood Springs, Colorado, for the purpose of determining whether the Settlement Agreement should be approved and addressing other issues set forth in the Notice.  The Fairness Hearing was held and the Court approved the Settlement Agreement and application for attorneys' fees and expenses.

Williams has prepared a Final Payment Schedule  (click here to view the Final Payment Schedule).  The anticipated date of distribution is May 19, 2009.

The following Index identifies significant pleading and documents which have been filed in the case. You may view these documents using Adobe Acrobat Reader. If you do not already have Adobe Reader, it may be downloaded from Adobe by clicking the following logo.

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INDEX
 

04/06/09 Final Payment Schedeule
01/12/09 Motion for Allowance of Attorney Fees and Expenses

 

Notice of Class Action and Proposed Settlement

10/21/2008

Order Conditionally Certifying A Plaintiff Class, Preliminarily Approving Settlement Agreement, Approving Form of Notice, and Scheduling Fairness Hearing

10/17/2008

Joint Motion (1) To Enter Order Conditionally Certifying A Plaintiff Class, Preliminarily Approving Settlement Agreement, Approving Form of Notice, and Scheduling Fairness Hearing, and (2) To Establish A Hearing Date For This Joint Motion

 

Settlement Agreement, Exhibit A, Exhibit B-G

11/27/2006

Reply to Counterclaim

11/06/2006

Answer and Counterclaim

09/20/2006

Complaint and Jury Demand

 

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