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.