Case Update | Fleeson, Gooing

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Case Profile

LITTELL v. OXY USA, INC.
Stevens County, Kansas, Case No. 98 CV 51

Plaintiffs filed this action on November 13, 1998, challenging OXY’s deduction of certain expenses from its royalty payments on gas produced from wells located in the Hugoton and Council Grove formations in Kansas.

On March 6, 2001, the Court certified the lawsuit as a class action under K.S.A. 60-223, and named Opal Littell, Cherry Rider and Bonnie Beelman as Class Representatives.

During the entire period (nearly 9 years), that this lawsuit has been pending, the Plaintiffs and Plaintiff Class have been represented by Thomas D. Kitch, Gregory J. Stucky, and David G. Seely of Fleeson, Gooing, Coulson & Kitch, L.L.C. of Wichita, KS, and B.E. Nordling (now deceased) and Erick E. Nordling of Kramer, Nordling & Nordling LLC, of Hugoton, KS.

On January 18, 2008, the parties to the lawsuit executed a Stipulation of Settlement, which the Court preliminarily approved on January 22, 2008.

On January 24, 2008, Plaintiffs’ counsel mailed a copy of a Notice of Proposed Settlement of Class Action to each member of the plaintiff class at the most recent address known to OXY.

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

Plaintiff’s counsel has prepared a Preliminary Payment Schedule showing amounts to be distributed to the Plaintiff Class prior to reductions for attorneys fees, expenses and administrative expenses and prior to increases for interest which will accrue after November 21, 2007.

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LITTELL v. OXY USA, Inc. Pleadings Index
Date	Description
04/02/08	Notice of Appeal
03/26/08	Notice of Filing of the Final Payment Schedule
03/10/08	Journal Entry (Objection & Request for Appointment of Special Master of Chesapeake Exploration, L.L.C.)
03/10/08	Journal Entry (Objection, Motion to Intervene, Motion to Sever & Request for Continuance)
03/04/08	Journal Entry of Judgment (without attachments)
02/25/08	Objector/Intervenor's Brief in Support of Motion to Sever the Gathering Deduction Claim From the Other Claims or, in the Alternative, Continuance of the Final Approval Hearing on the (Overbroad) Proposed Settlement
02/25/08	Brief in Support of Objection to Final Approval of the (Overbroad) Proposed Class Settlement
02/25/08	(1) Objection to Proposed Overbroad Settlement, (2) Motion to Intervene as Class Representative and Class Counsel for the Non-Gathering Deduction Claims Only and (2) Motion to Sever the Already Certified Class from the Tried Gathering Deduction Claims
02/25/08	Brief in Support of Intervention
02/25/08	Intervenor's Class Action Petition for the Non-Gathering Deduction Claims Only
02/25/08	Chesapeake Exploration, L.L.C.'s Objection to Class Action Settlement and Request For Appointment of Special Master
02/20/08	Memorandum in Support of Petition for Allowance of Reasonable Attorneys Fees and Litigation Expenses
02/20/08	Petition for Allowance of Reasonable Attorneys Fees and Litigation Expenses
01/22/08	Notice of Proposed Settlement of Class Action
01/22/08	Stipulation of Settlement
01/22/08	Notice Order
01/22/08	Amendment and Supplement to Petition
04/27/06	Scheduling Order
03/03/06	Defendant’s Response in Opposition to Plaintiffs’ Motion for Re-Argument
02/24/06	Motion for Re-Argument
05/22/03	Defendant OXY USA INC.’s Proposed Findings of Fact and Conclusions of Law
05/22/03	Plaintiffs’ Proposed Findings of Fact and Conclusions of Law
03/28/03	Journal Entry of Decision by the Court Upon Plaintiff’s Motion for Partial Summary Judgment and Defendant’s Motion for Summary Judgment
01/31/03	OXY USA INC.’s Reply Brief in Support of Motion for Summary Judgment
01/31/03	Plaintiff’s Reply Memorandum in Support of their Motion for Partial Summary Judgment (without exhibits)
01/10/03	Memorandum in Opposition to OXY’s Motion for Summary Judgment
01/09/03	OXY USA’s Response Brief in Opposition to Plaintiff’s Motion for Partial Summary Judgment
12/06/02	Memorandum in Support of Plaintiffs’ Motion For Partial Summary Judgment (without exhibits)
12/06/02	Plaintiffs’ Motion For Partial Summary Judgment
12/05/02	OXY’s Motion for Summary Judgment
12/05/02	OXY’s Brief in Support of Motion For Summary Judgment (without exhibits)
10/24/02	Pretrial Order
10/04/02	Plaintiffs' Pretrial Questionnaire
10/04/02	Preliminary Pretrial Questionnaire (Defendant)
04/30/02	Order By the Court Upon the Plaintiff’s Motion for Trial By The Court
04/22/02	OXY USA INC.’s Reply to Plaintiffs' Memorandum In Opposition to OXY’s Motion to Decertify Class
04/18/02	Defendant’s Response to Plaintiffs’ Motion For Trial By The Court
04/01/02	Plaintiffs’ Motion For Trial By Court
04/01/02	Memorandum in Opposition to OXY’s Motion to Decertify Class
01/31/02	OXY USA INC.’s Brief in Support of Motion to Decertify Class (without exhibits)
01/31/02	Motion to Decertify Class
05/18/01	Order of Notice to Class Members
03/13/01	Journal Entry of Decision By the Court and Order of the Court Certifying Class Nunc Pro Tunc
03/06/01	Journal Entry of Decision By the Court and Order of Court Certifying Class
03/02/01	Plaintiffs’ Reply to Defendant’s Response to Plaintiffs’ Supplemental Memorandum in Support of Motion for Class Certification
02/23/01	Defendant’s Response to Plaintiffs’ Supplemental Memorandum in Support of Motion for Class Certification
02/14/01	Plaintiffs’ Supplemental Memorandum in Support of Motion for Class Certification
11/09/00	Joint Stipulation with Respect to Class Certification Hearing
10/04/00	Plaintiffs’ Reply in Support of Their Motion for Class Certification (without exhibits)
09/12/00	Defendant’s Brief in Opposition to Plaintiffs’ Motion and Memorandum in Support of Class Certification (without exhibits)
08/02/00	Memorandum in Support of Plaintiff’s Motion for Class Certification
08/02/00	Plaintiffs’ Motion For Class Certification
12/01/99	Protective Order
07/13/99	Stipulated Protective Order
01/13/99	Answer
11/13/98	Petition