Kernen v. Casillas Operating, LLC
Kernen-Casillas Operating Settlement
CIV-18-00107-JD

Welcome to the Kernen-Casillas Operating Settlement Website

If You Have Received a Payment from Casillas Operating, LLC, for Production from an Oil and Gas Well in Oklahoma, You Could Be a Part of a Proposed Class Action Settlement.

What is this lawsuit about?

The Litigation seeks damages for Defendant’s alleged failure to pay statutory interest on payments made by Defendant (or on behalf of Defendant) outside the time periods set forth in the Production Revenue Standards Act, Okla. Stat. tit. 52, § 570.1, et seq. (the “PRSA”) for oil and gas production proceeds from oil and gas wells in Oklahoma. Specifically, in the Petition, Plaintiff alleges Defendant: (1) failed to investigate and pay statutory interest on payments made outside the time periods set forth in the PRSA; (2) misrepresented and/or omitted the amount of statutory interest owed; and (3) is liable to Class Members for breach of the PRSA, breach of the duty to investigate and pay interest, fraud, disgorgement, accounting, punitive damages, and injunctive relief. Defendant denies any and all liability related to Plaintiff’s allegations.

What Does the Settlement Provide?

In consideration of the Settlement, Defendant has agreed to pay $2,700,000.00 in cash. The Settlement, if approved, will result in the dismissal of the Original Petition and First Amended Complaint against Defendant and the release by all Class Members of all the Released Claims the Releasing Parties may have against the Released Parties, as defined in Answer to FAQ 2. The Net Settlement Fund will be distributed to the Class Members who are not excluded from the Settlement Class in accordance with the provisions of the Allocation Methodology and Final Plan of Allocation, which is explained in FAQ 9.

Am I a Class Member?

The Settlement Class consists of the following individuals and entities, subject to the exceptions listed in FAQ 6:

"All non-excluded persons or entities to whom: (1) Defendant (or Defendant’s designee) made a Late Payment of oil and/or gas proceeds from an Oklahoma well between July 28, 2016 and June 24, 2020, and (2) who have not been paid statutory interest on the Late Payment per the Production Revenue Standards Act. A “Late Payment” for purposes of this class definition means payment of proceeds from the sale of oil and/or gas production from an oil and/or gas well after the statutory periods identified in Okla. Stat. tit. 52, § 570.10(B)(1) (i.e., commencing not later than six (6) months after the date of first sale, and thereafter not later than the last day of the 2nd succeeding months after the end of the month within which such production is sold). Late Payments do not include: (a) payments of proceeds to an owner under Okla. Stat. tit. 52, § 570.10(B)(3) (minimum pay); (b) prior period adjustments; or (c) pass-through payments."

YOUR LEGAL RIGHTS AND OPTIONS

Option and Deadline Event
You Do Not Need To Take Further Action, Participate In The Settlement If the Settlement is approved, you do not need to take any further action to participate in the Settlement and receive a payment. The portion of the Net Settlement Fund to which you are entitled will be calculated as part of the administration of the Settlement.
Exclude Yourself
(received by November 3, 2021, at 5 p.m. Central Time)
(Passed)
If you do not wish to be a member of the Settlement Class, you must exclude yourself (as described in FAQ 13 and in the Settlement Agreement) and you will not receive any payment from the Net Settlement Fund. You cannot bring or be part of another lawsuit or arbitration against any of the Released Parties based on any Released Claims unless you exclude yourself from the Settlement Class.
Object
(received by November 3, 2021, at 5 p.m. Central Time)
(Passed)
If you do not exclude yourself and you wish to object to any part of the Settlement, the attorneys’ fees or litigation costs requested by Plaintiff’s Counsel, or the Case Contribution Award requested by Plaintiff, you may (as discussed in FAQ 18 and in the Settlement Agreement) write to the Court about your objections.
Attend the Final Fairness Hearing
on November 17, 2021 at 1 p.m. Central Time)
If you have submitted a valid and timely written objection to any aspect of the Settlement, the attorneys’ fees or litigation expenses requested by Plaintiff’s Counsel, or the Case Contribution Award requested by Plaintiff, you may (but do not have to) attend the Final Fairness Hearing and present your objections to the Court at that hearing (as described in FAQ 22 and in the Settlement Agreement).
Do Nothing If you are a Class Member and do nothing, you will be bound by the terms of the Settlement as set forth in the Settlement Agreement and the documents referenced therein, will be bound by the release and agreement not to sue the Released Parties, will receive your portion of the Net Settlement Fund (if any), and will not be able to bring or pursue any Released Claims in any other lawsuit or arbitration. It is your responsibility to familiarize yourself with the Settlement and all other documents regarding the Settlement that can be found on the Important Documents page.

For More Information

Visit this website often to get the most up-to-date information.

Mail
Kernen-Casillas Operating Settlement
c/o JND Legal Administration, Settlement Administrator
PO Box 91238
Seattle, WA 98111