Important Update: The Settlement Administrator began issuing Distribution Checks to eligible Class Members on January 24, 2024.
What is this lawsuit about?
The Litigation seeks damages for Burlington’s alleged failure to timely pay royalty proceeds on oil‑and‑gas production from North Dakota wells operated by Burlington. Burlington expressly denies all allegations of wrongdoing or liability with respect to the claims and allegations in the Litigation. The Court has made no determination with respect to the merits of any of the parties’ claims or defenses.
Who is included?
The Settlement Class in the Litigation consists of the following individuals and entities:
All non‑excluded persons or entities owning mineral interests in North Dakota wells who: (1) received untimely payments from Burlington for royalties in North Dakota wells during the Claim Period; and (2) whose payments did not include the 18% interest required by North Dakota law.
The Claim Period means all periods from and including August 25, 2014, to June 30, 2021. A list of the persons or entities excluded from the Class can be found in the Notice of Proposed Settlement, which is available for download from the Important Documents page.
What does the Settlement provide?
In settlement of the Released Claims, Defendant has agreed to pay Four Million Dollars ($4,000,000.00) in cash (“Gross Settlement Fund”). In exchange for this payment, the Settlement Class shall release the Released Claims (as defined in the Settlement Agreement) against the Released Parties (as defined in the Settlement Agreement). The Gross Settlement Fund, less Plaintiff’s Attorneys’ Fees, a Case Contribution Award, and Litigation Expenses and Administration, Notice, and Distribution Costs, and any other costs approved by the Court (the “Net Settlement Fund”), will be distributed to participating Class Members pursuant to the terms of the Settlement Agreement.
The Class Representative and Plaintiff’s Counsel believe that the Settlement is in the best interest of the Settlement Class, and, therefore, they intend to support the proposed Settlement at the Final Fairness Hearing.