Coulter v Anadarko

Coulter et al. v. Anadarko Petroleum Corporation, Case No. 98 CV 40 (Stevens County, Kansas)

Plaintiffs filed this action on October 10, 1998 against Anadarko Petroleum Corporation.

On August 22, 2000, the Court certified the lawsuit as a class action under K.S.A. 60-223 and named Gilbert Coulter and Elizabeth Leighnor as Class Representatives. On June 9, 2009, after the deaths of Gilbert Coulter and Elizabeth Leighnor, Timothy Coulter was substituted as Class Representative.

During the entire period (nearly 12½ years) that this lawsuit has been pending, Plaintiff Class has been represented by Thomas D. Kitch, Gregory J. Stucky and David G. Seely of Fleeson, Gooing, Coulson & Kitch, L.L.C., of Wichita, Kansas, and B.E. Nordling (now deceased) and Erick E. Nordling of Kramer, Nordling & Nordling, LLC of Hugoton, Kansas.

In June 2009, the parties to the lawsuit executed a Stipulation of Settlement, which the court preliminary approved on June 22, 2009.

On July 22, 2009, Class Counsel mailed a copy of the Notice of Proposed Settlement of Class Action to each member of the Plaintiff Class, as redefined in the Stipulation of Settlement, at the most recent address known to Anadarko.

A Fairness Hearing was held on September 15, 2009 for consideration of this settlement and other matters.On September 19, 2009, the trial court entered an order approving the settlement.

On October 13, 2009, Stan E. Boles, a member for the Plaintiff Class, filed a Notice of Appeal. The distribution contemplated by the settlement will be delayed pending the disposition of that appeal.

By virtue of the appeal filed by Stan E. Boles, the sole objector to the settlement, the case is now pending in the Kansas Supreme Court. That Court heard oral arguments on September 17, 2010, after requiring briefs from the parties.

In an opinion issued on January 11, 2013, the Kansas Supreme Court has affirmed the judgment approving the settlement. click here to read the opinion.

To view the Preliminary Payment Schedule, click here. (Depending on the speed of your connection, this document may take several minutes to download.)

On February 12, 2013, Anadarko will make payment of the settlement fund into an escrow account, and distribution of the fund to Class Members should occur very shortly thereafter. Payments to Class Members will be made according to the Final Distribution Schedule, which is available by FinalPaymentSchedule to post.