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 are being mailed.
Exclusion Deadline January 8, 2024
Important Documents