The Kay Company, LLC et al v. Equitable Production Company et al, No. 2:2006cv00612 - Document 225 (S.D.W. Va. 2010)

Court Description: FINAL JUDGMENT ORDER: dismissing this action with prejudice with costs to be awarded solely as provided in the Second Amended Settlement Agreement and approved by this court at a later date, except that the claims of the excluded Class Members listed in Exhibit A shall be dismissed without prejudice and that the Court shall retain jurisdiction to the extent necessary to administer and enforce the Final Settlement Agreement; barring and enjoining all Class Members from asserting Royalty Claims ar ising from the period covered by this settlement against any Released Party; releasing the Class Members' Royalty Claims against the Released Parties through the Effective Date, 12/8/2008, with the exception that excluded Class members Royalty C laims shall not be released; adjudging that this Agreement provides the exclusive remedy for Class Members; adjudging that any excluded Class Member may bring a separate suit; certifying under Federal Rule of Civil Procedure 54(b) that there is no ju st reason for delay and directs the entry of final judgment as to the claims of Class members; reserving its continuing and exclusive jurisdiction over the Parties and Class Members to administer, supervise, construe, and enforce the Agreement; reser ving its continuing and exclusive jurisdiction over Parties and Class Members to approve fee awards; taking under advisement the 215 Motion for Award of Attorney Fees, Incentive Awards for Class Representatives and Reimbursement of Expenses; directing that the Bar Date be 90 days following the mailing of the benefit notices and claim forms. Signed by Judge Joseph R. Goodwin on 4/28/2010. (Attachment: # 1 Exhibit A) (cc: attys; any unrepresented party) (slr)