Polsinelli PC and Barry Law Office, LLC Announce a Notice for Breckenridge Brewery of Colorado LLC, et al. v. ONEOK, Inc., et al.
KANSAS CITY, Mo., March 12, 2021 /PRNewswire/ --
LEGAL NOTICE
If You Bought Natural Gas in Colorado Between January 1, 2000, and October 31, 2002,
You May Be Entitled to Settlement Proceeds.
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Why was this notice published?
A Settlement has been reached with certain defendants in a lawsuit involving natural gas.
What is this lawsuit about?
The lawsuit, styled as Breckenridge Brewery of Colorado, LLC, et al. v. ONEOK, Inc., et al., Case No. 1:06-01110-REB-MEH, pending in the United States District Court for the District of Colorado (the "Action"), alleges that certain companies involved in the production, marketing, or sale of natural gas engaged in an unlawful conspiracy to manipulate the price of natural gas. Plaintiffs further claim that commercial and industrial purchasers of natural gas who purchased natural gas other than from utilities or local distribution companies and for their own use or consumption in Colorado may recover for the effect that the alleged conspiracy had on the prices of the natural gas they purchased. Plaintiffs allege that, as result of the unlawful conspiracy, they and other purchasers paid more for natural gas than they would have absent the conspiracy. The settling defendants deny Plaintiffs' claims.
Who is included in the Settlement?
All industrial and commercial direct purchasers of natural gas from e prime Energy Marketing, Inc. or Xcel Energy Inc., for their own use or consumption during the period from January 1, 2000 through October 31, 2002, and which gas was used or consumed by them in Colorado. Excluded from the Settlement are (a) entities that purchased natural gas for resale (to the extent of such purchase for resale); (b) entities that purchased natural gas for generation of electricity for the purpose of sale (to the extent of such purchase for generation); (c) defendants and their predecessors, affiliates and subsidiaries; (d) the federal government and its agencies; and (e) Reorganized FLI, Inc. (f/k/a and successor to Farmland Industries, Inc.).
Who are the Settling Defendants?
Settlements have been reached with the following Defendants: e prime Energy Marketing, Inc. and Xcel Energy Inc. (collectively, the "Settling Defendants").
What does the Settlement provide?
The Settlements create a settlement fund of $2,500,000 (the "Settlement Fund"), before deductions for court-approved expenses and attorneys' fees.
What are my rights?
If you wish to remain a member of the Settlement Class you do not need to take any action at this time. If you stay in the Settlement Class, this Settlement and all of the decisions by the Court will bind you, and you will be unable to sue the Settling Defendants about the alleged misconduct or legal issues in these cases, or be part of any other lawsuit against the Settling Defendants about such issues. Please carefully review the specific provisions of the Settlement Agreement, including the release of claims contained therein, at www.NaturalGasAntitrustSettlement.com.
If you do not want to be legally bound by the Settlement, you must exclude yourself in writing or you will not be able to sue, or continue to sue the Settling Defendants about the alleged misconduct or legal claims that were or could have been asserted in these cases. If you exclude yourself from the Settlement Class, you may not intervene as a party plaintiff in the Action. If you would like to exclude yourself from the Settlement Class, you must send a letter that includes the following: (a) your name, address, and telephone number; (b) any trade names or business names (and addresses) you or any parent, subsidiary, or affiliate that purchased the natural gas used during the relevant time period; (c) an estimate of the total dollar amount or volume of natural gas purchased by the entity(ies) listed in subparts (a) or (b) and the names of all entities from or through whom such natural gas was purchased; (d) a statement saying that you want to be excluded from Breckenridge Brewery of Colorado, LLC, et al. v. ONEOK, Inc., et al. (D. Colo.) Settlement; (e) the statement that "[name of person or entity] and all of its parents, subsidiaries and affiliates hereby request to be excluded from the proposed class settlement described in the notice of settlement pertaining to the Action;" (f) in the case of an entity, identify the title or position of the person signing on behalf of the entity, and state that the person is duly authorized to sign on behalf of such entity; and (g) your signature or the signature of the duly authorized person identified in subpart (f).
All exclusion requests must be sent to Natural Gas CO Claims Administrator, c/o A.B. Data, Ltd., P.O. Box 173001, Milwaukee, WI 53217 and must be postmarked no later than May 11, 2021. The Court will exclude from the Settlement Class any member who validly requests exclusion. You may also enter your appearance through an attorney if you so desire.
If you wish to object to any aspect of the proposed Settlement, you must do so in writing no later than May 11, 2021. The Settlement Agreement, along with details on how to object to it, are available at www.NaturalGasAntitrustSettlement.com. The U.S. District Court for the District of Colorado will hold a Fairness Hearing on July 22, 2021 at 1:30 p.m. (MDT), in courtroom A-1001 on the 10th floor of the Alfred A. Arraj United States Courthouse-Annex, 901 19th Street, Denver, Colorado 80294 to consider whether the Settlement is fair, reasonable and adequate. If there are objections, the Court will consider them at that time. You may also appear in person at the hearing, but you do not need to do so. If you wish to appear, however, you must first provide written notice of your intention to appear. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the website, at www.NaturalGasAntitrustSettlement.com, for information. Please do not contact the Court about this case.
The Court has appointed the law firms of Polsinelli PC and Barry Law Office, LLC, to represent Settlement class members in Colorado.
This is a Summary Notice. For more details, call toll free 1-877-883-8112, visit www.NaturalGasAntitrustSettlement.com, or write to Natural Gas CO Claims Administrator, c/o A.B. Data, Ltd., P.O. Box 173120, Milwaukee, WI 53217.
Please do not contact the Court about this case.
Source:
Polsinelli PC
900 W. 48th Place, Suite 900
Kansas City, MO 64112
Barry Law Office, LLC
5340 S.W. 17th Street
Topeka, KS 66604
SOURCE Polsinelli PC and Barry Law Office, LLC
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