LAS VEGAS, May 22, 2019 /PRNewswire/ --
LEGAL NOTICE
If You Bought Natural Gas In Missouri or Kansas Between January 1, 2000 and October 31, 2002, You May Be Entitled to Settlement Proceeds.
Why was this notice published?
Settlements have been reached with certain defendants in a lawsuits involving natural gas.
What are these lawsuits about?
The lawsuits allege that certain companies involved in the production, marketing, or sale of natural gas engaged in an unlawful conspiracy to manipulate the price of natural gas. Plaintiffs further claim that commercial and industrial purchasers of natural gas who purchased natural gas other than from utilities or local distribution companies and for their own use or consumption in Kansas or Missouri may recover for the effect that the alleged conspiracy had on the prices of the natural gas they purchased. Plaintiffs allege that, as result of the unlawful conspiracy, they and other purchasers paid more for natural gas than they would have absent the conspiracy. The settling defendants deny Plaintiffs' claims.
Who is included in the Settlements?
In the State of Kansas
All industrial and commercial direct purchasers of natural gas for their own use or consumption during the period from January 1, 2000 through October 31, 2002, and which gas was used or consumed by them in Kansas. Excluded from the settlement are (a) entities that purchased natural gas for resale (to the extent of such purchase for resale); (b) entities that purchased natural gas for generation of electricity for the purpose of sale (to the extent of such purchase for generation); (c) defendants and their predecessors, affiliates, and subsidiaries; (d) the federal government and its agencies; and (e) Reorganized FLI, Inc. (f/k/a and successor to Farmland Industries, Inc.).
For purposes of this definition, a "direct purchaser" means an industrial or commercial entity that bought natural gas for its own use or consumption directly from any of the Defendants, or from a seller other than a local distribution company.
In the State of Missouri
All industrial and commercial direct purchasers of natural gas for their own use or consumption during the period from January 1, 2000 through October 31, 2002, and which gas was used or consumed by them in Missouri. Excluded from the settlement are (a) entities that purchased natural gas for resale (to the extent of such purchase for resale); (b) entities that purchased natural gas for generation of electricity for the purpose of sale (to the extent of such purchase for generation); (c) defendants and their predecessors, affiliates, and subsidiaries; (d) the federal government and its agencies; and (e) Reorganized FLI, Inc. (f/k/a and successor to Farmland Industries, Inc.).
For purposes of this definition, a "direct purchaser" means an industrial or commercial entity that bought natural gas for its own use or consumption directly from any of the Defendants, or from a seller other than a local distribution company.
Who are the Settling Defendants?
Settlements have been reached with the following Defendants: (a) The Williams Companies, Inc., Williams Merchant Services Company, LLC (f/k/a Williams Merchant Services Company, Inc.), and Williams Gas Marketing, Inc. (f/k/a Williams Power Company, Inc. and Williams Energy Marketing & Trading) (collectively, "Williams"); (b) Vistra Energy Corp. (as successor in interest to Dynegy Illinois Inc. and Dynegy GP Inc.), Dynegy Power Marketing, LLC (as successor in interest to DMT G.P. L.L.C.), and Dynegy Marketing and Trade, LLC (collectively, "Dynegy"); (c) e prime, Inc. and Xcel Energy Inc. (collectively, "e prime," and collectively along with Williams and Dynegy, the "Settling Defendants"). A complete list of Defendants is set out in the Settlement Agreement and other documents available at www.NaturalGasAntitrustSettlement.com.
What do the Settlements provide?
The Settlements create a settlement fund of $11,750,000 (the "Settlement Fund"), before deductions for court-approved expenses and attorneys' fees. Those funds are allocated to claimants in Kansas and Missouri based primarily on the volume of natural gas sold in each state and differences in the claims and remedies available in each state. Before deductions for attorneys' fees and expenses, the Settlement Fund is allocated as follows: $7,402,500 to Kansas claimants; and $4,347,500 to Missouri claimants.
What are my rights?
If you wish to remain a member of the Settlement Classes you do not need to take any action at this time. If you stay in the Settlement Classes, all of the decisions by the Court and these Settlements will bind you, and you will be unable to sue the Settling Defendants about the alleged misconduct or legal issues in these cases, or be part of any other lawsuit against the Settling Defendants about such issues. Please carefully review the specific provisions of the Settlement Agreements, including the release of claims contained therein, at www.NaturalGasAntitrustSettlement.com.
If you do not want to be legally bound by the Settlements, you must exclude yourself in writing or you will not be able to sue, or continue to sue the Settling Defendants about the alleged misconduct or legal claims that were or could have been asserted in these cases. If you exclude yourself from the Settlement Classes, you may not intervene as a party plaintiff in any of the Actions. If you would like to exclude yourself from the Settlement Classes, then you must send a letter that includes the following: (a) your name, address, and telephone number; (b) any trade names or business names (and addresses) you or any parent, subsidiary, or affiliate that purchased the natural gas used during the relevant time period; (c) an estimate of the total dollar amount or volume of natural gas purchased by the entity(ies) listed in subparts (a) or (b) and the names of all entities from or through whom such natural gas was purchased; (d) a statement saying that you want to be excluded from In re Western States Wholesale Natural Gas Antitrust Litigation, MDL No. 1566 (D. Nev.) Settlement; (e) the statement that "[name of person or entity] and all of its parents, subsidiaries and affiliates hereby request to be excluded from the proposed class settlements described in the notice of settlements pertaining to the Actions;" (f) in the case of an entity, identify the title or position of the person signing on behalf of the entity, and state that the person is duly authorized to sign on behalf of such entity; and (g) your signature or the signature of the duly authorized person identified in subpart (f).
All exclusion requests must be sent to Natural Gas MoKan Claims Administrator, c/o AB Data, LTD, Exclusions, PO Box 173001, Milwaukee, WI 53217 and must be postmarked no later than July 15, 2019. The Court will exclude from the Settlement Classes any member who validly requests exclusion.
You may also enter your appearance through an attorney if you so desire.
The terms of the Settlement Agreements, including the releases of claims discussed above and detailed at www.NaturalGasAntitrustSettlement.com, require that a class member must participate in or opt out of all of the settlements and all of the classes in which it is a member. For example, if a Kansas class member also qualifies as a member of the Missouri class, that entity must either participate in all classes/settlements (by doing nothing) or opt out of all classes/settlements (by submitting the information in the preceding paragraph).
If you wish to object to any aspect of the proposed Settlements, you must do so in writing no later than July 8, 2019. The Settlement Agreements, along with details on how to object to them, are available at www.NaturalGasAntitrustSettlement.com. The U.S. District Court for the District of Nevada will hold a Final Fairness Hearing on August 5, 2019 at 9:00 a.m. in Courtroom 4B of the Lloyd D. George Federal Courthouse, 333 S. Las Vegas Blvd, Las Vegas, Nevada 89101, to consider whether the Settlements are fair, reasonable and adequate. If there are objections, the Court will consider them at that time. You may also appear in person at the hearing, but you do not need to do so. If you wish to appear, however, you must first provide written notice of your intention to appear. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the website, at www.NaturalGasAntitrustSettlement.com, for information. Please do not contact the Court about this case.
The Court has appointed the law firms of Polsinelli PC, Barry Law Office, LLC, and McCallister Law Group, LLC to represent settlement class members in Kansas.
The Court has appointed the law firms of Polsinelli PC and Barry Law Office, LLC to represent settlement class members in Missouri.
This is a Summary Notice. For more details, call toll free 1-877-257-1113, visit www.NaturalGasAntitrustSettlement.com, or write to Natural Gas MoKan Claims Administrator, c/o AB Data, LTD., PO Box 173072, Milwaukee, WI 53217.
Please do not contact the Court about this case.
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