United States District Court for the Northern District of West Virginia
If You Were a Royalty Owner and Received or Were Owed a Payment from Jay-Bee Production Company; JB Exploration I, LLC; and/or BB Land, LLC Beginning May 21, 2010 for a West Virginia Natural Gas
Well,
You Could Get Benefits from a Class Action Settlement.
A federal court authorized this Notice. This is not a solicitation from an attorney.
You are not being sued.
You may receive one or more of these Notices based on the number of oil and gas leases that you have with Jay-Bee at issue in the lawsuit.
- Please read this Notice carefully as it impacts your rights and provides you with information regarding the proposed settlement of a class action lawsuit against several defendants, including
Jay-Bee Production Company; JB Exploration I, LLC; and BB Land, LLC, and their affiliates (“Jay-Bee”), over royalty payments on natural gas leases in West Virginia. Your legal rights will be
affected whether or not you take action.
- The plaintiffs in the lawsuit claim that the Defendants failed to properly calculate and pay royalties on natural gas and natural gas liquids (“NGLs”) under the royalty provisions contained in
certain oil and gas leases, resulting in underpayments to the royalty owners.
- Two proposed settlements have been reached to resolve the class action lawsuit. A $38,467,289 settlement (inclusive of a 16% discount and interest at 4.5%) (the “Jay-Bee Settlement”) has been reached with all but one of the defendants. A separate settlement for a minimum of $4,200,000 up to a maximum of $5,000,000 (the “Estate Settlement”) has been reached with the one other defendant in the case, with the amount dependent upon whether that settlement is paid up front or over Combined, the Jay-Bee Settlement and the Estate Settlement will be no less than $42,667,289, which is more than the $38,503,796 in total deductions (including non-payment of NGLs) that Plaintiffs contend were impermissibly deducted from the royalties of Class Members. The settlement amounts reached with the Defendants took into account various considerations, including the Defendants’ financial condition. The Jay-Bee Settlement and the Estate Settlement are jointly referred to in this Notice as the “Settlements.”
- As part of the Jay-Bee Settlement, beginning with the January 2024 production month (as reflected on royalty statements issued on or after April 15, 2024), Jay-Bee will only take those deductions for Post-Production Expenses under your lease(s) that are authorized under the Jay-Bee Settlement (and described below). Any deductions taken from royalty payments with respect to April 2024 and later statements that are inconsistent with those authorized by the Jay-Bee Settlement will be refunded directly by Jay-Bee with interest.
If both Settlements are approved, it is estimated that you will receive the amounts indicated on the following page as your share of the two proposed Settlements. The amount of your share, however, will be reduced to pay the Court-approved fees and expenses for the attorneys as well as certain costs related to the administration of the Settlements.
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Your Legal Rights and Options in This Lawsuit |
Deadline |
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Do Nothing |
If you do nothing, you will receive your settlement payment in accordance with the terms of the Settlements. If you do nothing and the Settlements are approved, you will receive your settlement payment in accordance with the terms of the Settlements. In exchange for the settlement payment, you agree to release all claims that you may have against Defendants, and you further agree that beginning with the January 2024 production month (reflected on royalty statements issued on or after April 15, 2024) that your royalty payments and permissible royalty deductions will be calculated as described in this Notice. |
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Opt-Out |
You can exclude yourself from the Settlements by informing the Settlement Administrator that you want to “opt-out” of the Settlements. If the Settlements are approved, this is the only option that allows you to retain your rights to separately sue Defendants for the released claims related to royalties paid or due from Jay-Bee under your leases. If you opt-out, you will not receive any payment under the Settlements or the other relief described in this notice concerning deductions. For more information, see Question 24. If you previously opted out of the Class when you received notice of class certification, you must still opt out of the Settlements or you will be bound by the terms of those Settlements. For more information, see Question 26. |
October 18, 2024 |
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Object |
You may object to the Settlements by writing to explain to the Court why you think the Settlements should not be approved by the Court. If you object, you will remain a Class Member. If the Settlements are approved, you will still be eligible for the benefits of the Settlements and give up your rights to sue Defendants on the claims. For more information, see Question 27. |
October 18, 2024 |
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Object and Go to the Hearing |
If you object to the Settlements in writing, then you may go to the Final Fairness Hearing and speak in Court about your objection. However, to speak at the hearing, you must submit an objection in writing and mail a letter saying that you would like to speak at the Final Fairness Hearing (see Question 27). If you fail to do both requirements, you may not speak at the Final Fairness Hearing. |
December 12, 2024, at 2:00 p.m. |
- Your rights and options—and the deadlines to exercise them—are explained in more detail in this Notice.
- The Court must still decide whether to approve the Settlements in this case. If it does, and after any appeals are resolved, Settlement Payments will be distributed to those who Please be
patient.
- If more than 25% of Class Members opt out of the Settlements, then Defendants can decide not to move forward with the Jay-Bee Settlement.
Basic Information
1. Why did the Court issue this Notice?
You have been identified as a Class Member entitled to a settlement payment for natural gas royalties paid or due from Jay-Bee under certain leases pertaining to certain wells located in West Virginia. This Notice explains the lawsuit, the Settlements, your rights, what payments are available, and how to get them. The Honorable John P. Bailey of the United States District Court for the Northern District of West Virginia is the Judge in charge of this class action. The case is known as Hopper et al. v. Jay-Bee Oil & Gas, Inc. et al., No. 5:20-cv-101 (lead) (consolidated with Case No. 5:20-cv-110) (the “Lawsuit”). Judge Bailey authorized this Notice.
The Court sent you this Notice because you have a right to know about the proposed Settlements to the class action Lawsuit, and about your options, before the Court decides whether to approve the Settlements. This Notice also explains how to participate in, object to, or exclude yourself from the Settlements.
2. Who are the parties to the Lawsuit?
The plaintiffs representing you and the Class in the Lawsuit are Brenda Lea Hopper and Debra Lynn Kurfis, as Co-Executrixes of the Estate of Allen E. Smith, Judith E. Ash-Young, Richard L. Armstrong, and Donald R. Reynolds (collectively, the “Plaintiffs”).
The defendants in the Lawsuit are Jay-Bee Oil & Gas, Inc.; Jay-Bee Production Company; JB Exploration I, LLC; Jay-Bee Royalty, LLC; Abacus Union, LLC; JBU, LLC; BB Land, LLC; JB Exploration II, LLC; DMRB Services, LLC; Deborah V. Broda-Morgan; Randall J. Broda in his individual capacity; the Estate of Randall J. Broda; and/or Peter Sachs, as Administrator Ad Litem for the Estate of Randall J. Broda (collectively, the “Defendants”).
3. What is the Lawsuit about?
Plaintiffs claim that Defendants made improper deductions for “Post-Production Expenses” in their calculation and payment of royalties to Class Members under certain oil and gas leases. Plaintiffs also claim that Defendants defrauded Class Members by representing on monthly royalty statements that the royalties paid represented the “gross” proceeds received by Jay-Bee, when in fact such amounts were “net” of Post-Production Expenses. “Post-Production Expenses” include the costs, charges, and fees for gathering, compressing, dehydrating, processing, transporting, storing, and marketing the oil, gas, and other hydrocarbons produced under the subject oil and gas leases and from the wells at issue in this Lawsuit.
Defendants deny Plaintiffs’ allegations. Defendants maintain that they complied with the terms of the oil and gas leases in calculating royalty payments, that all royalties are being properly paid, and that they did not defraud any Class Members.
4. Why is this a class action?
Plaintiffs sued Defendants as “class representatives” on behalf of people who have similar claims. All individuals with the same or similar claims are Class Members in the Class. Because these are class action settlements, even persons who did not file their own lawsuit may be eligible to obtain payment under the Settlements, except for those individuals who exclude themselves from the settlement class by the deadline (see Question 27).
5. Why are there Settlements?
The Court has not decided in favor of Plaintiffs or Defendants. Instead, both sides agreed to settle the Lawsuit after extensive settlement negotiations. There are two settlements between the parties (see Question 9). Generally, settlements avoid the costs and uncertainty of trial and related appeals, while more quickly providing benefits to Class Members. Plaintiffs and Class Counsel (see Question 21) believe that settling the Lawsuit is in the best interest of the Class.
Who Is Included in the Settlements
6. Who is part of the Class?
Your oil and gas lease with Jay-Bee is included in the Class if:
- Your lease covers land in West Virginia;
- Your lease does not have an arbitration clause;
- You owned a royalty interest in the lease between May 21, 2010, and December 31, 2023 (the “Class Period”);
- Natural gas or natural gas liquids were produced on the leased land from certain wells during the Class Period;
- You received or are due royalty payments from the lease; and
- You received or are due royalty payments from Jay-
The list of the oil and gas wells included in the Class may be found at www.Jay-BeeClassAction.com.
7. Who is not part of the Class?
The Class does not include:
- agencies of the United States of America;
- publicly traded oil and gas exploration companies;
- Defendants, their corporate affiliates, and their current officers and employees;
- any claim against Jay-Bee for royalty underpayments based upon a lease with a binding arbitration provision; and
- those who timely request to opt-out pursuant to the requirements set forth in Question 24.
8. What if I have more than one oil and gas lease with Jay-Bee?
If you have more than one lease, you will receive at least one settlement payment for each lease included in the Settlements. If you had different oil and gas leases with Jay-Bee at different times, your payment will be calculated based on your pro-rata share of Post-Production Expenses that were deducted from your royalty payments for the time period (within the Class Period) that you owned each lease.
The Settlement Benefits
9. What payment benefits are available to Class Members under the Settlements?
There are two Settlements for the benefit of the Class.
Jay-Bee Settlement. Under the Jay-Bee Settlement, Plaintiffs and Jay-Bee have agreed that Jay- Bee will pay $38,467,289 (the “Jay-Bee Settlement Amount”) into a settlement fund for the benefit of the Class.
Estate Settlement. Under the Estate Settlement, Plaintiffs and defendants Randall J. Broda in his individual capacity; the Estate of Randall J. Broda; and/or Peter Sachs as Administrator Ad Litem for the Estate of Randall J. Broda (the “Estate”) agreed that the Estate would pay $5,000,000 (the “Estate Settlement Amount”) into a settlement fund for the benefit of the Class. This amount may be paid over time. If Jay-Bee agrees to pay it sooner, it may be reduced to $4,200,000.
The money from both Settlements will go into a “Settlement Fund” to pay for everything related to the Settlements. Most of the money will go to Class Members (more about that in the answer to Question 10). The rest will be used to pay the attorneys’ fees and expenses, awards to the Plaintiffs who brought the Lawsuit, and to pay for administrative expenses, such as the cost notifying people about the Settlements.
10. What can I get from the Settlements?
Class Members that received or were due royalty payments during the Class Period will receive at least one settlement payment for each qualifying lease, according to the following formulas:
Jay-Bee Settlement. Under the Jay-Bee Settlement, your settlement payment will be calculated as your pro-rata share of the Jay-Bee Settlement Amount based upon the amount of Post- Production Expenses improperly deducted from your royalty payments during the Class Period. For more information concerning your individual share of the Jay-Bee Settlement Amount, see Page 2 above.
Estate Settlement. Under the Estate Settlement, your settlement payment will also be calculated as your pro-rata share of the Jay-Bee Settlement Amount based upon the amount of Post- Production Expenses improperly deducted from your royalty payments during the Class Period. For more information concerning your individual share of the Estate Settlement Amount, see Page 2 above.
11. Is there a minimum payment?
Yes. Under the Jay-Bee Settlement, Class Members whose settlement payments are calculated to be less than $100 (see Question 10 and/or Page 2 above) will receive at least one settlement payment of $100. The same applies to the Estate Settlement, where any Class Member whose settlement payment is calculated to be less than $100 will receive a minimum settlement payment of $100.
12. How will payment be distributed?
Before any payments can be distributed, the Court must approve the Settlements at the Final Fairness Hearing (see Question 29). If the Court approves the Settlements, you will receive at least one settlement payment approximately thirty (30) days from the date that the Court approves the Settlements.
13. Are there other cases affecting my payment?
Yes. There is a probate proceeding presently pending in Palm Beach, Florida, titled In re Estate of Randall J. Broda, File No. 20-2022-CP-002121-XXXX-NB, in the Circuit Court of the Fifteenth Judicial Circuit (the “Florida Court”) in and for Palm Beach, Florida (the “Broda Probate Proceeding”). Any decision by the Florida Court in the Broda Probate Proceeding may also be subject to appeal.
If the Estate Settlement is not ultimately approved by the Florida Court, and any subsequent appellate court, then neither the Estate, nor Jay-Bee, will pay the Estate Settlement Amount and your claims against the Estate will not be affected. For more information, see Question 20.
14. What do the Settlements provide for going forward?
As part of the Settlements, Jay-Bee agrees that, beginning with royalty payments due for January 2024 production (statements issued on or after April 15, 2024), Class Members will receive royalty payments according to certain categories of oil and gas leases and royalty provisions. Page 2 and Addendum A of this Notice contain information regarding how your qualifying lease(s) with Jay-Bee will be treated going forward with respect to Post-Production Expenses.
Given the number of leases in the Class, and without knowing which Class Members may opt out and request exclusion from the Settlements, it may take some time to modify Jay-Bee’s accounting system. Please be patient. Upon completion, any deductions taken on royalties for January 2024 and later production (i.e., beginning with the April 15, 2024 statements) that do not conform with Addendum A will be refunded separately by Jay-Bee with interest pursuant to W. Va. Code § 37C-1-3.
If you have questions regarding how your royalty payments will be calculated going forward, please contact Class Counsel at:
Bailey & Glasser LLP
209 Capital Street
Charleston, West Virginia 25301
JayBeeAdmin@baileyglasser.com
Telephone: (304) 345-6555
OBTAINING SETTLEMENT BENEFITS
15. How do I obtain a settlement payment?
You do not have to do anything to obtain a settlement payment. If the Court approves the Settlements, Class Members who received this Notice and did not opt-out of the Class will receive at least one settlement payment in the mail through the United States Postal Service approximately thirty (30) days after the Court’s final approval.
16. What happens if I do nothing?
If you do nothing and the Court approves the Settlements, you will stay in the Class and your settlement payment will be determined in accordance with Page 2 above and the terms of the
Settlements.
In doing so, you will:
- (1) Give up your right to sue the Defendants separately for the released claims related to royalties paid or due from Jay-Bee under certain oil and gas leases pertaining to certain wells located in West Virginia, or to continue to pursue any such claims against the Defendants that you have already filed; and
- (2) Agree that, unless and until such time that a court of competent jurisdiction rules otherwise, or the West Virginia Legislature amends the governing law by statute, Jay- Bee will issue royalty payments to you, beginning with January 2024 production, in accordance with Page 2 above and Addendum A.
Staying in the Class means that you cannot sue or be part of any other lawsuit against the Defendants about the issues in this Lawsuit and that the Court’s orders regarding the Settlements will apply to you and legally bind you. It also means that you agree to how your royalty payments will be calculated going forward under your qualifying lease(s) with Jay-Bee.
17. When will I get my settlement payment?
The Court has scheduled a hearing on December 12, 2024, at 2:00 p.m. in Wheeling, West Virginia, to decide whether to finally approve the Jay-Bee Settlement and the Estate Settlement (the “Final Fairness Hearing”). If the Court approves the Settlements at that time or thereafter, there may be appeals. There are no guarantees as to how these issues will be resolved, or how long the appellate process might take. Please be patient. If the Court approves the Settlements and there are no appeals, you should receive your settlement payment approximately thirty (30) days after final approval.
As stated in Question 13, even if the Estate Settlement is approved by the Court at the Final Fairness Hearing, it must also be approved by the Florida Court, and any subsequent appellate court. If the Estate Settlement is not approved in the Broda Probate Proceeding, then neither the Estate nor Jay-Bee will pay the Estate Settlement Amount into the Settlement Fund and your claims against the Estate will not be affected (see Question 20).
Your settlement payment from the Jay-Bee Settlement will not be affected by the Broda Probate Proceeding or the Florida Court’s decision to approve or not approve the Estate Settlement. In other words, even if the Florida Court does not approve the Estate Settlement, you will still receive a settlement payment from the Jay-Bee Settlement upon final approval at the Final Fairness Hearing. For more information, see Question 20.
18. What if I disagree with the amount of my settlement payment?
If you wish to remain in the Class, but simply want to dispute the amount of your settlement payment as set forth on Page 2 above, you must submit a written notice to the Settlement Administrator at the address provided in this notice (see Question 31), postmarked no later than fourteen (14) days after the opt-out deadline of October 18, 2024, specifying that you wish to raise a dispute with the Special Master regarding your settlement payment. The written notice must:
- Identify the case name of the Lawsuit;
- Identify your name, address and telephone number;
- Be personally signed by you or an authorized representative of the entity that is a member of the Class;
- Include a statement identifying the nature of your dispute and identifying any evidence in support of your claim; and
- Proposing the relief you seek from the Special
You may also contact the Settlement Administrator or Class Counsel with any questions, see Question 31.
19. What am I giving up in exchange for my settlement payment?
As part of the Settlements, Class Members (who do not timely or validly opt out) agree to release Defendants (and their affiliates and assigns) from any and all claims and causes of action arising out of or relating to the allegations, contentions, and assertions in the complaint or any previous complaints filed in the Lawsuit, including, but not limited to, breach of contract, fraud, and fraudulent concealment. This means that you cannot file a separate lawsuit, continue with a pending separate lawsuit, or be part of any other legal action against the Defendants about the claims in the Lawsuit during the Class Period. You can find the exact language of the release at www.Jay-BeeClassAction.com or attached hereto as Addendum B. As a Class Member, you also agree that, beginning with January 2024 production, Jay-Bee will issue royalty payments to you in a manner consistent with the information on Page 2 and Addendum A (see Question 14).
20. How does the Broda Probate Proceeding affect my settlement benefits?
As explained in Question 9, there are two settlements in the Lawsuit: the Jay-Bee Settlement and the Estate Settlement. The Court will determine whether to approve the Settlements at the Final Fairness Hearing (see Question 29).
However, as explained in Question 13, the Estate Settlement must be approved by the Court and the Florida Court in the Broda Probate Proceeding, which is also subject to any appeals. If the Court and the Florida Court (including any subsequent appellate court) both approve the Estate Settlement, the settlement benefits outlined in Question 9 remain the same.
If the Florida Court, and any subsequent appellate court, do not approve the Estate Settlement, the Estate Settlement Amount will not be funded and Class Members will not receive a settlement payment under the Estate Settlement. However, the Lawsuit will proceed against the Estate.
Regardless of whether the Estate Settlement is approved by the Florida Court, Class Members will still receive a settlement payment based on the Jay-Bee Settlement, will still give up their right to sue Jay-Bee separately for the released claims, and will agree to the payment of royalties in accordance with Page 2 above and Addendum A beginning with January 2024 production, unless and until such time as a court of competent jurisdiction rules otherwise or the West Virginia Legislature amends the governing law by statute.
THE ATTORNEYS REPRESENTING YOU
21. Do I have an attorney in the Lawsuit?
Yes. The Court appointed the attorneys listed below to serve as “Class Counsel” to represent the interests of the Class, which includes you as a Class Member:
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Brian A. Glasser |
J. Michael Benninger |
Timothy R. Linkous |
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Scott A. Windom |
William E. Ford III |
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Class Counsel believe that, after fighting with Jay-Bee in Court for more than four years, that the Settlements are fair, reasonable, and in the best interests of the Class. You will not be separately charged for these attorneys. If you want to be represented by your own attorney in this case, you may hire one at your expense.
22. How will Class Counsel be paid for their work in the Lawsuit?
The Court will determine how much Class Counsel will be paid for attorneys’ fees, costs, and expenses in this case. The amounts will be paid directly from the Settlement Fund. Class Counsel will apply to the Court for an attorneys’ fees award of no more than one-third of the Settlement Fund. Class Counsel will also ask the Court for reimbursement for litigation expenses incurred in connection with the Lawsuit, which, if awarded, will also be paid from the Settlement Fund.
Class Counsel’s request for attorneys’ fees and litigation expenses (which must be approved by the Court) will be filed on or before September 16, 2024 and will be available to view on the settlement website at www.Jay-BeeClassAction.com.
23. Will Plaintiffs receive any additional money from the Settlements?
Yes. Class Counsel will ask the Court to award the named Plaintiffs, who filed this lawsuit for the benefit of the Class, a service award of up to $25,000 each (the “Incentive Award”) to compensate them for the time and expense they spent on the Lawsuit and for the risk that they undertook in bringing the Lawsuit on behalf of the Class. The amount of each Incentive Award will have to be approved by the Court at the Final Fairness Hearing. Any amount approved by the Court will be paid directly from the Settlement Fund.
EXCLUDING YOURSELF FROM THE SETTLEMENTS
24. How do I get out of the Settlements?
If you are a Class Member, but do not want to remain in the Class, you may exclude yourself by opting-out of the Class. If you want to exclude yourself from the Class, you will lose any right to participate in or receive any benefits from the Settlements. This includes the right to receive the payment benefits outlined in this Notice and/or to receive any payment from the Settlement Fund. Further, if you decide to opt out of the Class and thus exclude yourself from the Settlements, Jay-Bee will not necessarily be required to pay future royalty payments in accordance with the information set forth in this Notice.
If you decide to opt out of the Class and thus exclude yourself from the Settlements, you will retain any rights you have against the Defendants, if any, and you may file your own separate lawsuit against the Defendants based on the same claims asserted in the Lawsuit. However, you will need to find your own attorney, at your own expense, to represent you in that separate lawsuit. In that separate lawsuit, if you ultimately obtain a judgment or reach your own settlement with Defendants, 20% of any amount you recover in that separate settlement will be placed in an escrow account and the Court will decide the amount of compensation, if any, Class Counsel is entitled, up to 33% of the judgment or settlement. If you are considering opting out, you may want to consult with an attorney to determine your options.
If you have a pending case against Defendants regarding the payment of natural gas royalties, please speak with your attorney immediately.
IMPORTANT: You will be bound by the terms of the Settlements unless you submit a timely and signed written request to opt out of the Class and be excluded from the Settlements. To opt out of the Class and exclude yourself from the Settlements, you must mail an “Exclusion Request” postmarked no later than October 18, 2024, to:
Hopper v. Jay-Bee Oil & Gas, Inc.
c/o ILYM Group, Inc. Notice Administrator
P.O. Box 2031
Tustin, CA 92781
The Exclusion Request must contain the following information:
- The name of this Lawsuit (Hopper et v. Jay-Bee Oil & Gas, Inc. et al., Civil Action No. 5:20-cv-101, in the United States District Court for the Northern District of West Virginia,
Wheeling Division);
- Your full name, current address, property address (if different), and telephone number;
- Your personal signature or the signature of an authorized representative of the entity that is a member of the Class (an attorney’s signature on your behalf is not sufficient);
and
- A statement clearly indicating your intent to opt out of the Class and be excluded from the Settlements (“I/We hereby request that I/we be excluded from the proposed settlements in the Hopper v. Jay-Bee Oil & Gas, Inc., No. 5:20-cv-101”).
Exclusion Requests must be limited to the Class Member whose personal signature appears on the Exclusion Request (in other words, Exclusions Requests submitted on behalf of Class Members whose signatures do not appear on the request shall be deemed invalid).
If you fail to comply with these procedures and the deadline for exclusions, you will lose any opportunity to opt out and exclude yourself from the Settlements and the Class, and your rights in the Lawsuit will be determined by the Settlements.
25. If I don’t exclude myself, can I sue later?
No. Unless you exclude yourself from the Class, you give up any right to sue Defendants for the claims brought in the Lawsuit.
26. If I previously opted out from the Class, can I still participate in the Settlements?
Yes. If you previously opted out or requested exclusion from the Class when you received notice of class certification in November or December of 2023, you are still a member of the Class as it relates to the proposed Settlements. If you fail to exclude yourself again by the deadline and in the manner set forth in Question 24, your rights will be determined by the Settlements.
OBJECTING TO THE SETTLEMENTS
27. How do I tell the Court that I do not like the Settlements?
You can object to the Settlements; Class Counsel’s request for attorneys’ fees, costs and expenses; and the request for awards for the Plaintiffs. Through your objection, you can ask the Court to deny approval of the Settlements but you cannot ask the Court to order a different settlement. The Court can only approve or reject the Settlements. If the Court denies approval of the Settlements, no payments will be made now, and the litigation will continue. If that is what you want to happen, you must object.
Any objection to the proposed Settlements must be in writing. If you submit a written objection before the deadline, you may, but don’t have to, appear at the Final Approval Hearing. If you want to appear, you can do so yourself or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney.
To object to the Settlements, you must send a letter with your written objection to:
Hopper v. Jay-Bee Oil & Gas, Inc.
c/o ILYM Group, Inc. Notice Administrator
P.O. Box 2031
Tustin, CA 92781
Your written objection must include all of the following:
- The name of this Lawsuit (Hopper et v. Jay-Bee Oil & Gas, Inc. et al., Civil Action No. 5:20-cv-101, in the United States District Court for the Northern District of West Virginia,
Wheeling Division);
- Your name, address, and telephone number and, if you are represented by an attorney, the name, address, and telephone number of that attorney;
- A statement of whether your objection applies only to you, to a specific subset of the Class, or to the entire Class;
- A statement describing all of the specific grounds for the objection, including any factual or legal basis for the objection;
- Copies of any exhibits that you intend to introduce into evidence at the Final Fairness Hearing;
- The identity and anticipated testimony of any witnesses you may call to testify at the Final Fairness Hearing; and
- A statement of whether you intend to appear at the Final Fairness Hearing, and if so, whether personally or through legal counsel.
Any such objection must be postmarked on or before October 18, 2024. If any written objection that is not postmarked by this date or lacks the required information outlined above, it will be considered invalid and not considered by the Court. If you fail to include a statement regarding your intent to appear at the Final Fairness Hearing in person or through legal counsel, you may not be permitted to speak at the hearing.
28. What is the difference between objecting and asking to be excluded?
Objecting to the Settlements is simply telling the Court that you do not like something about the Settlements. You can object to the Settlements only if you stay in the Class.
Opting out of the Class and excluding yourself from the Settlements is telling the Court you do not want to be part of the Class or to participate in the Settlements. If you exclude yourself from the Settlements, then you cannot object to the Settlements because they no longer affect you, and you will not receive any benefits (including payment) from the Settlements.
The Court’s Final Fairness Hearing
29. When and where will the Court decide whether to approve the Settlements?
The Court will hold the Final Fairness Hearing on December 12, 2024, at 2:00 p.m., in the United States District Court for the Northern District of West Virginia, located at 1125 Chapline Street, Wheeling, West Virginia 26003.
At the Final Fairness Hearing, the Court will consider whether the Settlements are fair, reasonable, and adequate. If there are objections from Class Members, the Court will consider them at this time. The Court will also listen to Class Members who have asked to speak at this hearing. The Court may also decide how to pay Class Counsel, reimburse Class Counsel for litigation expenses, and/or make Incentive Awards to Plaintiffs at this hearing. After the Final Fairness Hearing, the Court will decide whether to approve the Settlements.
The date and time for the Final Fairness Hearing is subject to change. If that occurs, the Final Fairness Hearing’s new date and time will be listed at www.Jay-BeeClassAction.com.
30. Do I have to come to the Final Fairness Hearing?
No, Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you submit a written objection, you do not have to come to the Court to talk about it. As long as you submit your written objection on time, and follow the requirements in Question 27, the Court will consider your objection. You may also pay your own attorney to attend, but it is not required.
Getting More Information
31. How do I get more information about the Lawsuit?
This Notice summarizes the Lawsuit and the terms of the Settlements. Additional details regarding the Lawsuit, the terms of the Settlements, and other documents relevant to the settlements can be found at www.Jay-BeeClassAction.com. Updates regarding the Lawsuit will also be available through the website.
You may contact the Settlement Administrator directly with any questions:
Hopper v. Jay-Bee Oil & Gas, Inc.
c/o ILYM Group, Inc. Notice Administrator
P.O. Box 2031
Tustin, CA 92781
1-844-744-8424
JayBeeAdmin@baileyglasser.com
You may also contact Class Counsel Bailey & Glasser LLP at (304) 345-6555.
PLEASE DO NOT TELEPHONE THE COURT, THE COURT CLERK’S OFFICE, OR JAY-BEE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
All questions regarding the Settlements or claims process should be directed to the Settlement Administrator or to Class Counsel. The Court cannot respond to any questions regarding this Notice,
the Lawsuit, or the Settlements.
By order of the United States District Court for the Northern District of West Virginia