The opinion of the court was delivered by: District Judge McLaughlin
WHEREAS, by Order entered on October 13, 2010 (Doc. 58), this Court certified a class of plaintiffs (the "Class") consisting of the following:
a) Class Membership. The membership of the Class shall consist of Persons who held a Royalty Interest in any Pennsylvania and/or Ohio oil and/or gas estate at any time after September 15, 2004 that was, is or became Owned by Range, its predecessors or affiliates at any time prior to October 13, 2010.
b) Exclusions. Notwithstanding the foregoing, there shall be excluded from the Class, i) A Royalty Interest, to the extent included in the settlement of the class claims certified in the matter Charton v. MB Operating Co., Inc ., Case No. 90-CV-110417 (Court of Common Pleas, Tuscarawas County, Ohio);
ii) A Royalty Interest, to the extent arising under an instrument which expressly prohibits the deduction of Post Production Costs.
iii) Any Person electing to be excluded from the Class;
iv) A Royalty Interest in any Ohio oil or gas estate, which estate became Owned by Range on or after April 1, 2010; and
v) A Royalty Interest in an Ohio oil or gas estate, which estate is among the undeveloped deep rights Owned by Range in Belmont, Columbiana and Jefferson County, Ohio that were retained by Range following the sale of Range's remaining Ohio oil and gas properties to an unrelated party on March 30, 2010.
vi) Any person who was not listed on Exhibit B to the Affidavit of Mailing Supplemental Notice [Doc. 75].
c) Defined Terms: " Owned by Range" means oil and gas interests owned, leased or operated by Range, excluding those wells of which Range is a non-operator and/or is not vested with the right or obligation to calculate and pay the royalty. All other undefined c apitalized terms used in the foregoing shall have the special meaning ascribed to them in the Agreement and Stipulation of Settlement.
WHEREAS, by Order entered on this date of March 17, 2011, this Court has approved the terms of settlement set forth in the Second Amended Agreement and Stipulation of Settlement (the "Settlement Agreement"), all of the provisions of which, appearing at Document Number 73-1 of the docket of this case, being incorporated herein by reference as if fully herein set forth;
WHEREAS, the Settlement Agreement includes, among other
provisions, the requirement that the Class Leases *fn1
be amended, and that certain attorneys fees be paid to
Class Counsel from the defendant's interest therein;
NOW THEREFORE, it is hereby ORDERED, ADJUDGED AND DECREED as follows:
1. Each of the Class Leases, including but not limited to those identified in Schedule "A" attached hereto, are hereby amended to include the following additional terms: ANY PROVISION of this instrument (or any instrument to which this instrument is an amendment) to the contrary notwithstanding: (A) Definitions. The following words and terms as used herein ...