Smith Family, LLC v. ConocoPhillips Settlement Website

Welcome to the ConocoPhillips Settlement website

Smith Family, LLC v. ConocoPhillips Company
State of New Mexico, County of Santa Fe, First Judicial District
No.  D-0101-CV-20030231

On May 8, 2017, the Court entered an Order Preliminarily Approving Class Settlement, Directing The Issuance Of Class Notice And Scheduling A Final Fairness Hearing.

The purpose of this website is to inform you of a proposed settlement of the claims against ConocoPhillips Company, in its individual capacity and on behalf of Phillips-San Juan Partners, L.P. and Phillips-New Mexico Partners, L.P. (collectively referred to hereinafter as either “COP” or “Defendant”) and your rights to share in the possible settlement recovery proposed in this lawsuit.

On August 2, 2010 and March 27, 2015, a Notice of Class Action was mailed to potential members of the Class explaining that the Court had certified this case as a class action. That notice explained that each potential member of the Class could remain a member of the Class or could request to be excluded from the Class (“opt out”). Members of the Class who received the Class Notice mailed on August 2, 2010 or March 27, 2015 and who did not request to opt out are “Class Members”. 

On June 6, 2017, KCC mailed an Additional Notice of Class Action and Proposed Settlement to All individuals and entities owning or having owned at any point during December 22, 1997 to December 31, 2015 (Class Period) any royalty and overriding interests that burden Defendant’s working interests in the units, leases, and wells that at any point during the Class Period produced or now produce coal seam or coalbed methane gas (CBM) from formations underlying New Mexico lands in the San Juan Basin except for those individuals who elected to opt out of the Class pursuant to the August 2010 and March 2015 notices that were sent to prospective class members in accordance with the orders of the First Judicial District Court.  You can find a copy of the Additional Notice of Class Action and Proposed Settlement here.

Subject to court approval, the Class and the Defendant have agreed to enter into a Settlement Agreement that will settle all claims and allegations the Class has asserted against the Defendant.

The Defendant does not admit any wrongdoing or liability on its part. The settlement is a compromise of disputed claims and allegations.  The settlement does not mean that the Defendant is responsible or liable for the claims the Class has asserted.

This Additional Notice of Class Action and Proposed Settlement advise you of your rights and options with regard to the settlement.

If you elected to opt out of the class after receiving either the August 2010 or March 2015 notices, you have no right to participate in or object to this proposed settlement.

If you are a Former Owner of a Subject Royalty Interest now held by Current Owner during the Class Period but you are not a current owner of the Subject Royalty Interest you will be afforded a reasonable opportunity to make a claim for distribution of settlement funds attributable to the time you were an owner, even if the Current Owner of your previously held royalty or overriding royalty interest opted-out of the Class.   

My Options (Each Class Member will have three options):

You Can Do Nothing.  If you choose this option, you don’t need to do anything.  If you are a Current Owner you will receive a portion of the Net Settlement Amount as calculated above unless a Former Owner timely disputes distribution of the payment as described above, at which time you will be provided with a procedure for resolving any dispute with the Former Owner.  If you are a Former Owner and do nothing you will not receive any payment. 

If You Are a Former Owner, You Can Dispute Allocation of a Settlement Payment Solely to the Current Owner(s).  This option applies only to Former Owners.  If you are a Former Owner, you can object to allocation of a settlement payment solely to the Current Owner(s).  Your instructions for disputing allocation of a settlement payment solely to the Current Owner(s) are explained in detail below.  Objecting to allocation of a settlement payment will not constitute an objection to the Settlement itself.

You Can Object to the Settlement.  You may file an objection to the Settlement.  The instructions for filing an objection to the Settlement are explained in detail below.    Your objection will not affect your entitlement to a portion of the Net Settlement Amount as calculated above.