Frequently Asked Questions
- Why is there a Notice?
- What is this lawsuit about?
- Why is this a class action?
- Why is there a settlement?
- How do I know if I am in the Settlement?
- What if I am still not sure if I am included in the Settlement?
- What does the Settlement provide?
- What can I get from the Settlement?
- What am I giving up to stay in the class?
- How can I receive benefits?
- When will I get my benefits?
- How do I get out of the Settlement?
- If I don’t exclude myself, can I sue EnerVest for the same thing later?
- If I exclude myself, can I still receive benefits?
- How can I tell the Court if I do not like the Settlement?
- What is the difference between objecting and excluding?
- Do I have a lawyer in this case?
- How will the lawyers be paid?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to come to the hearing?
- May I speak at the hearing?
- What happens if I do nothing at all?
- How do I get more information?
- Why is there a Notice?
The Court authorized this Notice because you have a right to know about the proposed Settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the Settlement.
District Court of Pawnee County, State of Oklahoma Judge Patrick Pickerill serves as the presiding judge. The case is titled Adams, et al. v. Eagle Road, et al., Case No. CJ-2016-00078 (the “Action”). The Notice explains the lawsuit, the Settlement, and your legal rights.
Included in the Action and the Settlement are the claims made against EnerVest in the following “Related Action:"
Robert W. Mottinger et al. vs. Cher Oil Company Ltd. et al., No. CJ-2019-187 in the District Court of Kay County, Oklahoma; and Robert W. Mottinger et al. v. Cher Oil Company Ltd., et al., No. CJ-2021-18 in the District Court of Kay County, Oklahoma.
Top - What is this lawsuit about?
Plaintiff alleges, generally, that wastewater disposal wells operated by EnerVest contributed to causing the earthquakes near Pawnee, Oklahoma, including but not limited to the 5.8m earthquake near Pawnee on September 3, 2016, and also in other areas of Oklahoma and occurring within the Settlement Class Period.
The Plaintiff’s Complaints, Settlement Agreement, and other case-related documents are posted under the Case Documents tab of this website.. The Settlement resolves the lawsuits against EnerVest.
Neither the acceptance by EnerVest of the terms of the Settlement Agreement nor any of the related negotiations or proceedings constitute an admission with respect to the merits of the claims alleged in the Action. EnerVest specifically denies any liability or wrongdoing of any kind associated with the claims alleged in the Action and Related Actions.
Top - Why is this a class action?
In a class action, one or more people, called “Class Representatives” sue on behalf of people who have similar claims. Together, all these people with similar claims (except for those who exclude themselves) are members of the “Settlement Class."
Top - Why is there a settlement?
The Court did not decide which side was right or whether the claims have any merit. Instead, both sides agreed to a settlement to avoid the costs and risks of further litigation and provide benefits to Class Members. The Settlement does not mean that a Court found that Defendant broke any laws or did anything wrong. The Class Representative and the lawyers representing him (called “Class Counsel”) believe that the settlement is in the best interests of all Class Members.
Top - How do I know if I am in the Settlement?
All Class Representatives, Plaintiffs in the Related Action, and all persons, municipalities, county governments, or tribal governments, who own or owned real property within the borders of Oklahoma or have or had a property interest therein between April 16, 2013, through the Effective Date, and which suffered damages from the earthquakes, foreshocks and aftershocks within the State of Oklahoma are “Settlement Class Members” and together are called the “Settlement Class."
Excluded from the Settlement Class are the following:
a) EnerVest and its owners, directors, officers, employees, and/or agents, the judge presiding over this Action and his immediate family members; and,
b) Any person that timely and properly excludes himself/herself/itself pursuant to the orders of the Court.
Top - What if I am still not sure if I am included in the Settlement?
If you are not sure whether you are a Settlement Class Member, or have any other questions about the Settlement Agreement, contact the Settlement Administrator by email at [email protected] or call toll-free at 1-888-734-8515. You also may send questions to the Settlement Administrator at:
Adams v. EnerVest Settlement Administrator
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P.O. Box 990
Corte Madera, CA 94976-0990 - What does the Settlement provide?
In consideration of and solely for purposes of this Settlement, and a full, complete, and final settlement, including dismissal of the Action and Related Action with prejudice as to EnerVest, and the releases, and the releases below, and subject to the Court’s approval, EnerVest will pay $900,000.00 in cash into the Settlement Fund in cash relief.
A Claim Form must provide evidence of the Claimant’s damages suffered as a result of the earthquakes occurring near Pawnee, Oklahoma and occurring between April 16, 2013 and the Effective Date, including but not limited to the 5.8m earthquake near Pawnee on September 3, 2016, and also any other earthquakes occurring in Oklahoma, and make a claim for a sum certain not to exceed the amounts of the provided repair estimates and bills.
Top - What can I get from the Settlement?
All Settlement Class Members who qualify and timely submit completed Claim Forms and supporting documentation of their damages may seek recovery of the repair damages incurred because of the earthquakes referenced in this class action Settlement.
The Net Proceeds of the Settlement Fund shall be distributed based upon the sum certain amounts stated in the approved Claim Forms and supported by the submitted evidence approved by EnerVest and Class Counsel, or for those amounts determined by the Special Master on a motion.
Zone A Claimants: Claimants with damaged properties within 25 miles of Pawnee will have preferred status based upon proximity of their properties to EnerVest’s disposal wells. These claimants shall be placed within Zone A, and 50% of the Net Settlement Fund shall be distributed to Zone A claimants based upon their submitted damages evidence.
Zone B Claimants: Claimants with damaged properties within 25 to 50 miles of Pawnee will have a less-preferred status based upon proximity of their properties to EnerVest’s disposal wells. These claimants shall be placed within Zone B, and 25% of the Net Settlement Fund shall be distributed to Zone B claimants based upon their submitted damages evidence.
Zone C Claimants: Claimants with damaged properties within 50 to 100 miles of Pawnee will have a less-preferred status based upon proximity of their properties to EnerVest’s disposal wells. These claimants shall be placed within Zone C, and 15% of the Net Settlement Fund shall be distributed to Zone C claimants based upon their submitted damages evidence.
Zone D Claimants: Claimants with damaged properties more than 100 miles of Pawnee will have a less-preferred status based upon proximity of their properties to EnerVest’s disposal wells. These claimants shall be placed within Zone D, and 10% of the Net Settlement Fund shall be distributed to Zone D claimants based upon their submitted damages evidence.
If the total approved claim sum certain amounts allocated to each Zone do not exceed the Net Proceeds of the Settlement Fund allocated to that Zone, the Net Proceeds of the Settlement Fund allocated to that Zone shall be distributed to the approved claimants based upon those sum certain amounts as described above. Any excess proceeds shall be returned to EnerVest in relationship to the sums it contributed to the total Settlement Fund. If, however, the total claimed sum certain amounts exceed the Net Proceeds of the Settlement Fund allocated to any given Zone, then the approved claimants in that Zone shall receive their pro rata share of the Net Proceeds allocated to that Zone determined by dividing the sum certain claimed amount submitted by the approved claimant (and supported by the evidence of damages) on their Claim Form by the overall claimed sum certain amounts stated in all approved Claim Forms in a given Zone as described above.
To receive any amounts under the Settlement, Settlement Class Members must submit a Claim Form and supporting documentation to the Settlement Administrator at the address provided below, or under the File Claim tab of this website.
Top - What am I giving up to stay in the class?
Unless you exclude yourself from the Settlement, you can’t sue EnerVest, continue to sue, or be part of any other lawsuit against EnerVest about the legal issues in this case. It also means that all the decisions by the Court will bind you. The Release is described more fully in the Settlement Agreement and describes exactly the legal claims that you give up if you stay in the Class. The Settlement Agreement is available under the Case Documents tab of this website.
Top - How can I receive benefits?
To receive benefits, all Settlement Class Members must complete and timely submit a Claim Form, provide evidence of damages and make a claim for a sum certain not to exceed the amounts of the provided repair estimates and bills. You can obtain a Claim Form at www.PawneeEarthquakeSettlement.com, by calling 1-888-734-8515, or writing to the address below:
Adams v. EnerVest Settlement Administrator
P.O. Box 990
Corte Madera, CA 94976-0990Please read the instructions carefully, fill out the Claim Form, submit it electronically at www.PawneeEarthquakeSettlement.com, by email to [email protected] or by mail to the Settlement Administrator postmarked no later than February 12, 2024, to the address above. If you do not submit a valid Claim Form by the deadline, you will not receive benefits.
Top - When will I get my benefits?
Benefits will be mailed to Settlement Class Members who send in a valid and approved Claim Form within thirty (30) days after the later of (a) the Final Approval Order becoming Final, (b) the deadline for submission of Claim Forms, or (c) the date that all objections to Claims or evidence deficiencies are finally resolved. If the Court approves the Settlement after a hearing on October 25, 2023, there may be appeals. It’s always uncertain whether these appeals can be resolved and resolving them can take time.
Top - How do I get out of the Settlement?
If you don’t want a payment but you want to keep the right to sue EnerVest over the legal issues in this case, then you must take steps to get out of this Settlement. This is called asking to be excluded from—or sometimes “opting out” of—the Settlement Class. To exclude yourself from the Settlement, you must be a Settlement Class Member and you must complete and mail to the Settlement Administrator a letter that includes the following:
Your name, address, and telephone number;
- The name of the case (Adams, et al. v. Eagle Road, et al., Case No. CJ-2016-00078);
- A statement that you want to be excluded from the Settlement; and
- Your signature.
You must mail your exclusion request, postmarked no later than October 16, 2023 to:
Adams v. EnerVest Settlement Administrator
P.O. Box 990
Corte Madera, CA 94976-0990All Settlement Class Members who do not submit a valid Request for Exclusion will be included in the Settlement Class and will be bound by this Settlement Agreement on the Effective Date. You may opt out of the Settlement Class only for yourself. So-called “mass” or “class” opt-outs, whether filed by third parties on behalf of a “mass” or “class” of Settlement Class Members or multiple Settlement Class Members where no personal statement has been signed by each and every individual Settlement Class Member, are not allowed.
Top - If I don’t exclude myself, can I sue EnerVest for the same thing later?
No. Unless you exclude yourself, you give up any right to sue EnerVest for the claims that this Settlement resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit against EnerVest.
Top - If I exclude myself, can I still receive benefits?
No. You will not receive any benefits from the Settlement if you exclude yourself. If you exclude yourself from the Settlement, do not send in a Claim Form asking for benefits.
Top - How can I tell the Court if I do not like the Settlement?
Any Settlement Class Member who does not submit a timely and valid Request for Exclusion and who wishes to object to or oppose the approval of (a) the Settlement Agreement, (b) the Fees and Costs Applications, (c) the Incentive Award Applications, and/or (d) the proposed Final Approval Order shall file a written objection with the Court and serve it on the Parties at least ten (10) days before the Final Approval Hearing. The written objection must include:
- Your name, address and telephone number;
- The name, address, email address, and telephone number of your lawyer, if you have one;
- The name of the case (Adams, et al. v. Eagle Road, et al., Case No. CJ-2016-00078);
- Proof of your membership in the Settlement Class;
- A statement of the reasons for the objection and any evidence supporting the objection;
- A statement regarding whether you intend to appear at the Final Approval Hearing; and
- Your signature and, if you have one, your lawyer’s signature.
Any Settlement Class Member who fails to file a timely written objection that meets the requirements of this paragraph shall be deemed to have waived such objection or opposition and forever shall be foreclosed from making such objection or opposition to the fairness, reasonableness, or adequacy of the Settlement, the payment of attorney’s fees, costs, expenses, and the incentive awards, or the Final Approval Order. Any Settlement Class Member who makes an objection shall submit to the jurisdiction of the Court and make himself or herself available for deposition by either Party within a reasonable time before the Final Approval Hearing.
Your objection, along with any supporting material you wish to submit, must be filed with the Court with a copy delivered to Class Counsel, and EnerVest’s Counsel postmarked no later than October 16, 2023, at the following addresses:
TopClerk of the Court Counsel Counsel Defendant's Counsel Clerk of the Court
District Court of Pawnee County
500 Harrison Street
Pawnee, OK 74058Scott Poynter
Poynter Law Group
407 President Clinton Avenue
Suite 201
Little Rock, AR 72201Greg A. Castro
Fellers Snider
100 N Broadway Ave.
Ste, 1700
Oklahoma City, OK 73102 - What is the difference between objecting and excluding?
Objecting is simply telling the Court that you don’t like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is telling the Court that you do not want to be part of the Settlement. If you exclude yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you.
Top - Do I have a lawyer in this case?
Yes. The Court has appointed the following lawyer, called “Class Counsel,” to represent all Settlement Class Members: Scott Poynter of Poynter Law Group. You will not be charged for this lawyer. If you want to be represented by your own lawyer, you may hire one at your own expense.
Top - How will the lawyers be paid?
Class Counsel will ask the Court to approve attorneys’ fees not to exceed 40% of the total Settlement Fund, and reasonable litigation expenses not to exceed $75,000.00. The Court will determine the amount of fees and expenses to award. Class Counsel will request the Court to pay $7,500.00 from the Settlement amount as an incentive award in this Action for the Class Representative. The fees and expenses and service awards awarded by the Court will be paid from the Settlement Fund.
Top - When and where will the Court decide whether to approve the Settlement?
The Pawnee County District Court will hold a Final Approval Hearing on October 25, 2023, at 1:30 p.m. at the District Court of Pawnee County, State of Oklahoma, before the Honorable Judge Patrick Pickerill, Pawnee County District Court, 500 Harrison Street, Pawnee, OK 74058.
The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this websites for updates. At the Final Approval Hearing, the Court will: (a) determine whether to grant final approval to the Settlement; (b) consider any timely objections to the Settlement and the Parties’ responses to such objections; (c) rule on the Fees and Costs Applications; and (d) rule on the Incentive Awards Application. We do not know how long these decisions will take.
Top - Do I have to come to the hearing?
No. Class Counsel will answer any questions that the Court may have. But, you may come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time to the proper addresses, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.
Top - May I speak at the hearing?
Yes. You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must send a letter saying that it is your “Notice of Intent to Appear.” In your letter, you must include the following:
- Your name, address and telephone number;
- The name, address, email address, and telephone number of your lawyer, if you have one;
- The name of the case (Adams, et al. v. Eagle Road, et al., Case No. CJ-2016-00078); and
- Your signature and, if you have one, your lawyer’s signature.
You must mail your Notice of Intent to Appear, postmarked no later than October 16, 2023, to all of the addresses in Question 15.
Top - What happens if I do nothing at all?
If you do nothing, you will not get any benefits from the Settlement. Unless you exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against EnerVest about the legal issues in this case, ever again.
Top - How do I get more information?
The Notice summarizes the proposed Settlement. More details are available in the Settlement Agreement. You can get a complete copy of the Settlement Agreement and other information under the Case Documents tab of this website. If you have additional questions or want to request a Claim Form, call the Settlement Administrator at 1-888-734-8515, or write to the Settlement Administrator at:
Adams v. EnerVest Settlement Administrator
P.O. Box 990
Corte Madera, CA 94976-0990PLEASE DO NOT CONTACT THE COURT, CLERK OF THE COURT OR DEFENDANT CONCERNING THIS CASE.
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