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Marburger Class – Every individual and entity who possessed a royalty ownership interest in an oil and gas lease with Phillips Exploration Inc., Phillips Production Company, PC Exploration, Inc. or Phillips Resources Inc. or any entity affiliated with any of them (“Phillips”) covering oil and gas interests at any time during the period of limitations (a) who received one or more royalty payments from XTO; (b) whose oil and gas lease covered gas that was or is gathered on the Jefferson, Forward or AK Steel gathering segments of the Mountain Gathering system in Butler County, Pennsylvania, and (c) (i) who was either a member of the settlement class in Marburger v. XTO Energy Inc., Civil Action No. 2:15-cv-910-CRE (W.D.Pa.) (“Marburger”), or (ii) whose oil and gas lease based the royalty on a percentage of proceeds and contained a Market Enhancement Clause.

Market Enhancement Class – Every individual and entity who possessed a royalty ownership interest in an oil and gas lease with Phillips covering oil and gas interests at any time during the period of limitations (a) who received one or more royalty payments from XTO; (b) whose oil and gas lease covered gas that was or is gathered by the Jefferson, Forward or AK Steel gathering segments of the Mountain Gathering system in Butler County, Pennsylvania, and (c) whose oil and gas lease based the royalty on a percentage of proceeds and contained a Market Enhancement Clause or an essentially identical provision. A Market Enhancement Clause means an oil and gas lease provision that (i) states “Notwithstanding anything to the contrary contained herein, it is agreed between the Lessor and Lessee that all oil and gas royalties accruing to the Lessor under this lease shall be net of Lessor’s proportionate share of the cost of gathering, storing, separating, treating, dehydrating, compressing, processing, transporting, and marketing the oil, gas or other products produced hereunder to transform the product into marketable form.” or that (ii) uses substantially identical language and includes the words “marketable form.”

Status Notices were sent.

Exclusion Deadline January 8, 2024

Important Documents

Marburger Class – Notice
Market Enhancement – Notice
List of Wells Currently Claimed in Salvatora as of September 29, 2023
Third Circuit Order Denying Appeal
Order of Court dated June 26, 2023
Order of Court dated June 22, 2023
Report and Recommendation
Defendant XTO Energy Inc.’s Answer and Affirmative Defenses to the Third Amended Complaint – Class Action
Third Amended Complaint – Class Action

The claims filing deadline for this case has passed. PleaseĀ contact our office with any questions or issues.

Status The case is complete.

Claims Filing Deadline December 22, 2023

Exclusion Deadline December 22, 2023

Objection/Notice to Appear Deadline December 22, 2023

Settlement Hearing March 14, 2024 at 9:00 a.m. PT

Please be advised that the new settlement hearing date is March 14, 2024 at 9 a.m. PT.

File A Claim Online Online Claim Form

Important Documents

Final Post-Distribution Accounting Form

Post-Distribution Accounting Chart

Order Re: Motion for Final Approval; Motion for Attorney’s Fees and Costs

Order Requesting Supplemental Information In Support of Motion for Final Approval

Notice of Pendency and Proposed Settlement of Class Action and Proof of Claim and Release Form

Plaintiffs’ Motion for Award of Attorneys’ Fees, Reimbursement of Expenses, and Compensatory Awards to Plaintiffs

Declaration of Brenda Szydlo in Support of Plaintiffs’ Motion for Award of Attorneys’ Fees, Reimbursement of Expenses, and Compensatory Awards to Plaintiffs with exhibits

Order Re: Plaintiffs’ Motion for Preliminary Approval

Amended Stipulation and Agreement of Settlement

Plaintiffs’ Supplemental Memorandum of Points and Authorities in further Support of Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlement

Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlement