The Anderson Living Tr. v. Energen Res. Corp.

Full title: THE ANDERSON LIVING TRUST f/k/a THE JAMES H. ANDERSON LIVING TRUST, et…

Court: United States District Court, District of New Mexico

Date published: Mar 22, 2022

CV 13-909 WJ/CG (D.N.M. Mar. 22, 2022)

Opinion

CV 13-909 WJ/CG

03-22-2022

THE ANDERSON LIVING TRUST f/k/a THE JAMES H. ANDERSON LIVING TRUST, et al., Plaintiffs, v. ENERGEN RESOURCES CORPORATION, Defendant.

HONORABLE CARMEN E. GARZA CHIEF UNITED STATES MAGISTRATE JUDGE

ORDER GRANTING MOTION TO DISBURSE FUNDS AND TO EXTEND DEADLINE TO FILE FINAL ACCOUNTING AND ADMINISTRATIVE COSTS

HONORABLE CARMEN E. GARZA CHIEF UNITED STATES MAGISTRATE JUDGE

THIS MATTER is before the Court upon Class Counsel's Motion to Disburse Funds and Extend Final Accounting (the “Motion”), (Doc. 307), filed March 21, 2022. In the Motion, Class Counsel explains that since the Court's previous Granting Motion to Disburse Funds and to File Accounting and Administrative Costs, (Doc. 306), filed February 2, 2022, “the vast majority of all funds have been disbursed.” (Doc. 307 at 1). Class Counsel further explains that “title and ownership records . . . included Sybil Malouff as a potential class member.” Id. Class Counsel indicates that interests were paid to Ms. Malouff's successors, with the exception of her sister, Josephine Fletcher, who is deceased. Id. Class Counsel thus asks the Court to “authorize additional checks from the Class Administration to the heirs of Josephine Fletcher equally” in the amount of $18,138.66, each for a “total amount of $54,415.98.” Id. at 1-2. Finally, Class Counsel asks the Court to extend the deadline for Class Counsel to provide a final accounting and status report to May 21, 2022. Id. at 2. The Court, having reviewed the Motion and noting it is unopposed, finds the Motion is well-taken and shall be GRANTED.

IT IS THEREFORE ORDERED that, should the Class Administrator determine that the balance in the settlement fund is sufficient to distribute additional checks to the heirs of Josephine Fletcher, who is deceased, equally in the amount of $18,138.66, each for a total amount of $54,415.98, such checks may be issued.

IT IS FURTHER ORDERED that the stop payment procedure described in the Motion, (Doc. 307 at 2, ¶ 5), is authorized.

IT IS FINALLY ORDERED that Class Counsel shall provide to the Court, by no later than May 21, 2022, a status report and final accounting, including a final account of the actual administrative costs to be awarded to Class Administrator Barbara A. Ley, P.C., or a further update on the status of such a final accounting.

IT IS SO ORDERED