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LITTELL
et. al v.
OXY USA, INC.
Stevens
County, Kansas, Case
No. 98 CV 51
(Updated: May 29, 2008)
On March 4, 2008, the Court approved the
proposed settlement and granted an allowance of attorneys fees and
expenses.
On April 2, 2008, a Notice of Appeal was filed by Attorneys Rex A.
Sharp and Barbara C. Frankland, of the law firm of Gunderson, Sharp
& Walke, L.L.P., on behalf of Wallace B. Roderick Revocable Living
Trust.
Under the terms of the Stipulation of Settlement, which is now on
appeal, OXY is not required to make its deposit of the settlement
funds until any appeal has been resolved and the order approving the
settlement becomes final.
Therefore, OXY did not make its deposit of settlement funds on April
23, 2008 as contemplated by the Final Payment Schedule, which was
prepared before the appeal was filed. This means that the
distribution of settlement funds to class members will be on hold
pending such appeal.
We have filed a motion to expedite the appeal and transfer the
case to the Kansas Supreme Court. The Kansas Supreme Court granted
this motion. The briefing of the issues on appeal will take place
this summer. Although the Kansas Supreme Court has not yet set a
hearing date, we hope the date will in the early fall. This
would mean that the Kansas Supreme Court could rule by the end of
2008.
To view the pertinent pleadings filed in this
matter, please click here.
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