HOW DO I OPT-OUT OF THE DEMCHAK PARTNERS SETTLEMENT?
If you are (or are concerned that you might be) a member of the Settlement Class in the Demchak Partners class action, and have decided that you do not want to be part of the settlement, you have the right to request to be excluded from (or "opt-out" of) the Settlement Class by mailing a timely request to be excluded from the Settlement Class to the person(s) specified in the Court's Preliminary Approval Order and in the Notice that was (or should have been) sent to all members of the Settlement Class, containing the information required by the Court, personally signed, postmarked on or before the December 17, 2015 deadline.
As long as your request contains the required information (the Civil Action Number of the Demchak Partners case, your name (or the name of your entity, if your lease is in the name of an entity), address, telephone number, and, if available, your Chesapeake Owner Number(s)), is addressed to the proper recipient(s), is personally signed by you (or by whomever is authorized to sign for your entity), otherwise follows the instructions provided in the Court documents, and is mailed by the December 17 deadline, there is no magic language required. As the Notice indicates, you simply need to state that you want to be excluded from the Settlement Class.
For your convenience, we have summarized the instructions that are provided in the Preliminary Approval Order, Amended Class Action Settlement Agreement and the Notice, added a few common-sense suggestions (i.e., although not required, we suggest mailing your request by certified mail), and prepared a sample form of request for exclusion, which appears below. You also can download a copy of the form and summary of instructions by clicking here. Feel free to modify the sample form to meet your needs. For example, if you hold your lease in the name of a limited partnership, and the general partner is a limited liability company, you can and should modify the signature lines accordingly. Although not required, you may want to include your parcel numbers, if your lease covers more than one parcel.
Many people have received multiple copies of the Notice of the proposed Class Settlement, for reasons which are not clear. They and others, such as those who have interests in multiple leases, or have assigned or been assigned interests in leases, have asked us whether they can or must submit multiple opt-out requests based on their particular circumstances. In general, without giving individualized legal advice, our general advice is to err on the side of caution; if you have any doubt as to whether you should submit multiple opt-out requests, you should do so. There is no harm in submitting multiple requests, and in some circumstances it may be necessary. Likewise, if you are not sure whether you are part of the settlement, and do not want to be, you can submit a request to be excluded as a precautionary measure.
Here are the instruction and sample form (to download, click the hyperlink above):
As long as your request contains the required information (the Civil Action Number of the Demchak Partners case, your name (or the name of your entity, if your lease is in the name of an entity), address, telephone number, and, if available, your Chesapeake Owner Number(s)), is addressed to the proper recipient(s), is personally signed by you (or by whomever is authorized to sign for your entity), otherwise follows the instructions provided in the Court documents, and is mailed by the December 17 deadline, there is no magic language required. As the Notice indicates, you simply need to state that you want to be excluded from the Settlement Class.
For your convenience, we have summarized the instructions that are provided in the Preliminary Approval Order, Amended Class Action Settlement Agreement and the Notice, added a few common-sense suggestions (i.e., although not required, we suggest mailing your request by certified mail), and prepared a sample form of request for exclusion, which appears below. You also can download a copy of the form and summary of instructions by clicking here. Feel free to modify the sample form to meet your needs. For example, if you hold your lease in the name of a limited partnership, and the general partner is a limited liability company, you can and should modify the signature lines accordingly. Although not required, you may want to include your parcel numbers, if your lease covers more than one parcel.
Many people have received multiple copies of the Notice of the proposed Class Settlement, for reasons which are not clear. They and others, such as those who have interests in multiple leases, or have assigned or been assigned interests in leases, have asked us whether they can or must submit multiple opt-out requests based on their particular circumstances. In general, without giving individualized legal advice, our general advice is to err on the side of caution; if you have any doubt as to whether you should submit multiple opt-out requests, you should do so. There is no harm in submitting multiple requests, and in some circumstances it may be necessary. Likewise, if you are not sure whether you are part of the settlement, and do not want to be, you can submit a request to be excluded as a precautionary measure.
Here are the instruction and sample form (to download, click the hyperlink above):