The Kay Company, LLC et al v. Equitable Production Company et al, No. 2:2006cv00612 - Document 224 (S.D.W. Va. 2010)

Court Description: MEMORANDUM OPINION AND FINAL ORDER APPROVING SETTLEMENT AND CERTIFYING THE SETTLEMENT CLASS: granting 205 JOINT MOTION for Final Approval of 182 Class Action Settlement; certifying the proposed class upon finding that the class satisfies Rule 23( a) and Rule 23(b)(3); approving the 182 Final Settlement Agreement upon finding that the settlement is fair, reasonable and adequate for the purposes of Rule 23(e); approving the withdrawal of Mr. Hunter M. Bennett's 198 Objections and the P erkins Trust's 199 Objections; overruling the remaining 193 , 194 , and 195 Objections; granting Ms. Campbell's 222 REQUEST/MOTION for late opt-out; finding that there have been certain putative Class Members who have timely opted o ut of the class as set forth in Exhibit A (attached to this Order), and they are not bound by the Agreement and may bring their own suits; tolling the statute of limitations for these opt-outs up to and including 30 days after entry of this Memorandu m Opinion and Final Order Approving Settlement and Certifying the Settlement Class; modifying this Agreement to set a bar date to file claim forms 90 days after mailing of the claim forms; directing that claim forms are to be mailed to the Class Memb ers within 10 days of entry of this court's Memorandum Opinion and Final Order Approving Settlement and Certifying Settlement Class; releasing Class Members' claims for the period through Effective Date of 12/8/2008, for which Equitable and the released Parties have paid the full and just consideration as set forth in the Agreement. Signed by Judge Joseph R. Goodwin on 4/28/2010. (Attachment: # 1 Exhibit A) (cc: attys; any unrepresented party) (slr) Modified on 4/28/2010 to correct Judge (cds).