Cook Children's Health Foundation V. Diamondback E&P LLC
Cook v. Diamondback
5:21-cv-00359-D

Welcome to the Cook v. Diamondback Settlement Website

If You Are or Were a Royalty Owner Paid by Diamondback E&P LLC, Diamondback Energy, Inc., and/or Energen Resources Corporation from a Texas Oil-and-Gas Well, You Could Be Part of a Proposed Class Action Settlement

What is this lawsuit about?

The Litigation seeks damages for the Diamondback Entities’ alleged payment, underpayment, or nonpayment of royalties paid to Plaintiff and the Settlement Class or its predecessors on the volumes of natural gas, natural gas liquids, and associated hydrocarbons produced during the Claim Period. The Diamondback Entities expressly deny 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 royalty owners in Texas wells where Diamondback E&P LLC, Diamondback Energy, Inc., Energen Resources Corporation, and/or each’s respective affiliates was the operator (or a working interest owner who marketed its share of gas and directly paid royalties to the royalty owners) from April 1, 2011, to July 31, 2023, under oil and gas leases which expressly contain the off-lease use of gas royalty clause, the on-lease free use clause, or both, and in which Diamondback E&P LLC, Diamondback Energy, Inc., Energen Resources Corporation, and/or each’s respective affiliates are lessees or successors-in-interest under such agreements (collectively, the “Diamondback Entities”).

Claim Period means checks or payments from April 1, 2011, to and including July 31, 2023, subject to the terms of the Settlement Agreement regarding Released Claims. A list of the persons and 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 Litigation, the Diamondback Entities have agreed to pay Eleven Million Nine Hundred Seventy-Five Thousand, Five Hundred and Eighty Dollars ($11,975,580.00) in cash (“Gross Settlement Amount”). In exchange for the payment of the Gross Settlement Amount and other considerations stated in the Settlement Agreement, the Settlement Class shall release the Released Claims against the Released Parties. The Gross Settlement Amount, less Plaintiff’s Attorneys’ Fees and Litigation Expenses and Administration, Notice, and Distribution Costs, and other costs approved by the Court, including an Incentive Award to the named Plaintiff (the “Net Settlement Amount”), will be distributed to Settlement Class Members pursuant to the terms of the Settlement Agreement.

The Class Representative and Class Counsel believe that the Settlement is in the best interest of the Class, and, therefore, they intend to support the proposed Settlement at the Final Fairness Hearing.

Your Legal Rights and Options

These deadlines may be moved, canceled, or otherwise modified, so please check this site regularly for updates.

Do Nothing, Participate in The Settlement

By taking no action, your interests will be represented by Plaintiff as the Class Representative and Class Counsel. As a Class Member, you will be bound by the outcome of the Settlement, if finally approved by the Court. If you are entitled to a distribution pursuant to the Allocation Methodology and Final Distribution Schedule, you will receive your portion of the Net Settlement Amount, and you will be bound by the Settlement Agreement and all orders and judgments entered by the Court regarding the Settlement.

Exclude Yourself
(received by March 6, 2024, at 5 p.m. CT)

If you do not wish to be a member of the Settlement Class, then you must exclude yourself from the Settlement Class. If you validly request exclusion, you will not receive any distribution from the Net Settlement Fund, you cannot object to the Settlement, and you will not have released any claim against the Released Parties. You will not be legally bound by anything that happens in the Litigation. To be valid, your exclusion request must meet certain requirements. For more information, see FAQ 6.

Object
(received by March 6, 2024, at 5 p.m. CT)

Any Class Member who wishes to object to the fairness, reasonableness, or adequacy of the Settlement, any term of the Settlement Agreement, the Allocation Methodology, the Distribution Schedule, the request for Plaintiff’s Attorneys’ Fees and Litigation Expenses and Administration, Notice, and Distribution Costs, or the request for an Incentive Award to the Class Representative may file an objection. To be valid, your objection must meet certain requirements. For more information, see FAQ 7.

Retain Your Own Attorney

You have the right to retain your own attorney to represent you at the Final Fairness Hearing, which will be held on March 27, 2024, beginning at 3:00 p.m. If you retain separate counsel, you will be responsible to pay his or her fees and expenses out of your own pocket. For more information about the Hearing see FAQ 4.

For More Information

Visit this website often to get the most up-to-date information.

Mail
Cook v. Diamondback Settlement
c/o JND Legal Administration
PO Box 91231
Seattle, WA 98111