From the pages of
Volume 4, Number 5 - April 29, 2004
brought to you online by Pinedale Online
STATE OF WYOMING )
COUNTY OF SWEETWATER )
ROBERT W. SCOTT, )
Individually and as Managing )
Member of R. W. SCOTT )
INVESTMENTS, LLC, Suing )
on Behalf of themselves )
and All Other Similarly Situated )
Royalty Owners, )
DEVON ENERGY PRODUCTION )
COMPANY, L.P., an )
Oklahoma Limited Partnership )
and f/k/a Devon Energy )
Corp. (Nevada), a Nevada )
Corporation and DEVON SFS )
OPERATING, INC., A Delaware )
Corporation and f/k/a )
Santa Fe Energy Resources, Inc., )
IN THE DISTRICT COURT
THIRD JUDICIAL DISTRICT
CIVIL ACTION NO. 01-384
PUBLISHED NOTICE OF PENDENCY OF CLASS ACTION, PROPOSED SETTLEMENT OF CLASS ACTION AND FAIRNESS HEARING
THIS NOTICE is to advise any private, non-governmental entity who has received royalty and/or overriding royalty payments from Devon Energy Production Company, L.P., and/or Devon SFS Operating Inc., (Devon) for gas, casing head gas, condensate or natural gas liquids but excluding coalbed methane ("Hydrocarbons") produced in the State of Wyoming, of a proposed class action settlement ("Class Action Settlement") in the above-referenced case. This is an important LEGAL NOTICE, please read it carefully. You may be a member of the Devon Settlement Class if you are a private, non-governmental entity who received royalty payments from Devon for Hydrocarbons, excluding coalbed methane, produced from Devon Wells in the State of Wyoming. If you are a member of the Devon Settlement Class, you should have received a "Notice of Pendency of Class Action" by certified and/or recognized express mail, sent by Class Counsel identified below. If you believe that you may be a member of the Devon Settlement Class but have not yet received a "Notice of Pendency of Class Action," please read this "Published Notice" carefully and contact the Class Counsel for further information.
1. WHAT IS THIS LAWSUIT ABOUT?
The named Plaintiff filed the lawsuit (Lawsuit) on behalf of himself and all other similarly situated royalty and overriding royalty payees against Devon in June 2001. This lawsuit, based upon the Wyoming Royalty Payment Act, Wyo. Stat. §§ 30-5-301 et seq., seeks monetary, declaratory and injunctive relief against Devon for a class of all Wyoming private (non-governmental) royalty payees, except certain payees who are working interest owners in Devon Wells with royalty payment obligations, who have received royalty payments from Devon for Hydrocarbons produced in the State of Wyoming.
The Plaintiff's Lawsuit is based upon the Wyoming Royalty Payment Act, and alleges that Devon improperly deducted or adjusted from royalties certain charges that Plaintiff alleges should not have been deducted and should be required to pay those deductions or adjustments with interest. These deductions, referred to as "Disputed Deductions", are defined in the Settlement Agreement. Additionally, Plaintiff asserts that Devon failed to properly report deductions or adjustments from the royalties paid by Devon in accordance with the requirements of the Wyoming Royalty Payment Act and is liable for the monetary amounts provided under Wyoming law. Plaintiff has further objected to Devon's method of valuing gas, condensate and natural gas liquids, as well as alleged mismeasurement. Plaintiff also seeks to recover attorneys' fees and costs pursuant to Wyoming statutes.
Devon has and does vigorously contest all claims asserted by the Plaintiff. This class action settlement is not and should not be construed as an admission of liability or wrongdoing by Devon. A more complete description of the Lawsuit, its status and rulings made in the case are available in the file kept by the Court. Selected pleadings are also available on the Internet. This lawsuit is before the Honorable Jere A. Ryckman, District Judge for the Third Judicial District, State of Wyoming.
2. WHO IS COVERED BY THE SETTLEMENT?
You may be a member of the Devon Settlement Class if you are a private, non-governmental entity who received royalty payments from Devon for Hydrocarbons, excluding coalbed methane, produced from Devon Wells in the State of Wyoming. Governmental entities and royalty payees who are working interest owners in the Devon Wells with royalty payment obligations are excluded from the class. Members of the Devon Settlement Class who do not opt-out will receive certain monetary and other benefits in accordance with the proposed Devon Settlement Agreement and be bound by the resulting Order in the Lawsuit, barring them from bringing any claim for Settled Claims including among others, Disputed Deductions, Statutory Interest, Statutory Reporting Assessments, Mismeasurement, or Valuation Claims which are described in the Settlement Agreement. Additionally, a member and any successor to that member's royalty interest, who does not opt out agrees that Devon will pay and report royalties on Hydrocarbons in the future according to the Future Hydrocarbon Payment Methodology and Future Hydrocarbon Reporting Methodology described in the Settlement Agreement. For a more complete description of the Settlement, please read the Devon Settlement Agreement.
3. REMAINING A MEMBER OF THE SETTLEMENT CLASS
If you are a member of the Devon Settlement Class you do not need to take any action whatsoever. The Class Representative and Class Counsel for the Devon Settlement Class will represent your interest as a member of the Devon Settlement Class. However, you will be bound by the judgment and final disposition of the case and you will receive a Distribution Check for your share of the Settlement Fund approximately 55 days after the Approval Event. You may elect to be excluded from the Devon Settlement Class. If you elect to be excluded from the Devon Settlement Class you will not be bound by any judgment, disposition or Settlement of the class action, nor will you receive any of the benefits of this Class Action, including the payments of any monies. Likewise, Devon will not be obliged to value and report your royalties on Hydrocarbons in accordance with the terms of the Settlement Agreement. To be excluded from the Class, you must provide a written election to be excluded from the Devon Settlement Class to Settlement Class Counsel, Balzer Carman Murdock, P.C. at 139 West Second Street, Suite 1B, Casper, Wyoming, 82601
The election must contain the full name, current address, telephone number and signature of the person requesting exclusion. The written election must be received by Class Counsel on or before June 1, 2004.
4. WHEN IS THE FAIRNESS HEARING AND WHAT IS IT FOR?
The Court will conduct a final fairness hearing on June 14, 2004 at 2:30 p.m. at the District Courthouse, Green River, Wyoming, to determine whether the proposed Devon Class Action Settlement is fair, reasonable, and adequate and should be approved and a final judgment entered. The reasonableness of the attorneys' fees and costs to be paid for the Devon Settlement Fund to Class Counsel will also be determined at the hearing. The hearing may be continued or adjourned without further notice to the Devon Settlement Class. The settlement may be approved with modifications, if any, consented to by the Plaintiff and Devon without further notice.
If you are a Class Member, you have the right to object to the terms of the Devon Class Action Settlement, including the payments to Class Members and the award of fees and expenses to Class Counsel. If you wish to file an objection, your objection must set forth the full name, current address and telephone number of the person making the objection. In addition, the objection must include: (a) a written statement of the position that the objector wishes to assert; (b) a written statement of the grounds for that objection; and (c) copies of any papers, briefs or other documents the objector wishes to submit in support of his or her objection. All objections shall be in writing and must be filed on or before June 1, 2004, with the Court at the address of the District Court Clerk for Sweetwater County. However, in order to be heard at the hearing, you must file a Notice of Intent to Appear at the Final Fairness Hearing with the Court by June 7, 2004, in addition to your written objection. Information regarding the Devon Lawsuit and a complete copy of the Devon Settlement Agreement and complete Notice may be viewed and downloaded through the Internet.
5. WHERE DO I GET ADDITIONAL INFORMATION?
If you believe that you may be a Class Member but have not yet received a "Notice of Pendency of Class Action" by certified and/or recognized express mail, we strongly urge you to contact Class Counsel obtain a copy of the complete Notice and Settlement Agreement. You may obtain a copy of the complete Notice as well as a copy of the Settlement Agreement from the Internet website www.bcmwylaw.com or by making a written request to one of the Class Counsel, Balzer Carman Murdock, P.C. at 139 West Second Street, Suite 1B, Casper, Wyoming, 82601.
The foregoing is only a summary of the circumstances surrounding this litigation, the claims asserted, the proposed class action settlement, and the matters related thereto. You may seek the advice of your own private attorney and/or accountant, at your own expense, if you desire.
Published in the Sublette Examiner April 22 and 29, 2004.
INVITATION TO BID
The Sublette County Rural Health Care District has the following items available for purchase "as is." These items are available for view at the district office. Please call for an appointment or stop in.
ITEM # ITEM DESCRIPTION
1 Gomco Suction Unit
2 Laerdal Suction Unit (No Charger)
3 Kodak Analyzer
4 Coulter MDII
5 Hare Metal Scoop Stretcher
6 Ferno Metal Scoop Stretcher
7 Ferno Ambulance Cot
8 Ferno PediPal Restraint
9 Physiocontrol Lifestat 100 BP Monitor &
10 Heart-Aid Simulator
11 CRC Heart-Aid Defibrillator
12 CRC Heart-Aid Defibrillator
13 Wall Otoscope/Opthalmoscope
14 5-Drawer Lateral File Cabinet
15 4-Drawer Lateral File Cabinet
16 4-Drawer Lateral File Cabinet
17 4-Drawer Lateral File Cabinet
18 3-Drawer w/Locking Cabinet File
19 Printer Table for Tractor Feed Printer
20 Epson LQ-2070 Tractor Feed Printer
21 Sharp SF-2114 Copier
22 Ricoh FT3713 Copy Machine
23 Norstar Telephone System
24 Hewlett Packard Fax Machine (Not
25 IBM Selectric II Typewriter
26 Apple Computer
27 Apple 15' Monitor
28 Apple 15' Monitor
29 Apple Tractor Feed Printer
30 Apple Tractor Feed Printer
31 Apple Tractor Feed Printer
32 Apple Keyboard
33 Apple Keyboard
34 Keyboard Drawer
35 Magnavox Monitor with Compaq Prolinea
36 Okidata Microline 9 Pin Printer
37 Okidata Microline 9 Pin Printer
38 Panasonic 24 Pin Printer
39 Universal Battery Charger
40 Universal Battery Charger
41 Keyed Lock Box
42 Sharp 16' Television
43 Eight (8) Attached Lockers (Individual
Locker Dimensions 60" x 12" x 12")
44 Two (2) Rows of Nine (9) Stacked Lockers
(Individual Locker Dimensions
45 4' x 6' Portable Dry Erase Board
46 Bunk Bed
47 Two Ceiling Lamps
ITEM # ITEM DESCRIPTION
48 Hydraulic Stryker Gurney
49 Hydraulic Stryker Gurney
50 Exam Table (Non-Electric)
51 Surgical Lamp - Free Standing
52 Adams Analytical Centrifuge
53 Adams Readacrit Centrifuge
54 Adams Readacrit Centrifuge
55 Adams Safety Head Centrifuge
56 Collimator Lamp Power Supply
57 Reichert Illuminator
58 GE Illuminator
59 Infusion Pump
60 Accu-Stat Blood Cell Counter
62 Muscle Stimulator Therapy Unit
63 Hanimex 1500P Adding Machine
64 Coagulation Unimeter 500
65 Coleman Spectrophotometer
66 Bunson Burner
67 Adult Thermal Ox-Tent
68 Olympic Bili-Lite
69 Intermittent Positive Pressure Breathing
70 Hewlett Packard Electrocardiograph
71 Welch Allyn Otoscope (No Heads)
72 Medtronic Teletrace
73 Surgical Lamp -Free Standing
74 HealthOMeter Infant Scales
75 Baumonometer Stand
77 Sony Micro-Cassette Transcriber
78 Southwestern Bell Message Recorder
79 Panasonic Micro-Cassette Transcriber
80 Panasonic Micro-Cassette Transcriber
81 Victor Adding Machine
82 APC Back-UPS
83 Xerox Telecopier 7007
84 Okidata Microline 320 9 Pin Printer
85 IBM Executary
86 Dell Monitor 16"
87 Xerox 214 Copy Machine
88 Epson FX-286e Printer
89 Epson FX-286e Printer
90 Canon Faxphone B640
91 IBM Wheelwriter 5
92 IBM Wheelwriter 30
93 IBM Wheelwriter 30
94 Samsung SP2412 Printer
95 Verifone Printer 900/Verifone Tranz 330
96 GME UPS Pulsar ES5 Plus
All interested parties must have a SEALED bid submitted by 4 p.m. May 10, 2004 in the district office:
Sublette County Rural Health Care District
P.O. Box 742
221 E. Magnolia
Pinedale, WY 82941
877-449-6805 Toll Free
Sublette County Rural Health Care District reserves the right to reject any or all bids and to waive any irregularities or informalities in the bidding process.
Published in the Sublette Examiner April 22 and 29, May 6, 2004.
LIEN SALE NOTICE
The following vehicles will be sold to recover storage fees.
1993 Ford Temp
1984 Ford Van
1988 Chevy Cavalier
1988 Oldsmobile four-door Delta
1978 Pontiac Trans Am
For more information contact Golden Eagle, P.O. Box 4136, Marbleton, Wyo., 83113; or call 307-276-4221.
Published in the Sublette Examiner April 22 and 29, 2004.
IN THE DISTRICT COURT OF THE NINTH JUDICIAL DISTRICT
WITHIN AND FOR SUBLETTE COUNTY, WYOMING
IN THE MATTER OF THE ESTATE )
OF HARLAN BRUCE MICKELSON, )
Probate No. P-1902
Application has been made to the Ninth Judicial District Court within and for Sublette County, Wyoming, by Tim Mickelson, as the legatee and devisee of Harlan Bruce Mickelson, deceased, for a decree conveying and distributing the following described real property, owned by the decedent at the time of his death, in the manner requested in the Application filed herein:
Lot Numbered Seventy-three (73) in Block Numbered Three (3) of the Barger Subdivision, Sublette County, Wyoming, as the same appears on the official plat thereof filed for record in the office of the County Clerk, Sublette County, Wyoming.
That the 10th day of May, 2004, at 10 o'clock a.m. and the Courtroom of said Court in Pinedale, Wyoming, has been set as the time and place of hearing said Application, when and where any person interested may appear and make such claim or objection as he/she might have.
DATED this 23rd day of April, 2004.
/s/ Nancy Guthrie, DISTRICT COURT JUDGE
Published in the Sublette Examiner Thursday, April 29 and May 6, 2004.
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All rights reserved. Reproduction by any means must have permission of the Publisher.
Sublette Examiner, PO Box 1539, Pinedale, WY 82941 Phone 307-367-3203