Wake Energy LLC, et al. v BCE Mach LLC,. et al.
Wake v BCE Mach Settlement
5:22-cv-00794-HE

Welcome to the Wake v BCE Mach Settlement Website

If You Are or Were an Owner Paid by BCE-Mach LLC, BCE-Mach II LLC, and BCE-Mach III LLC for Oil-and-Gas Production Proceeds from an Oklahoma Well, You Could Be a Part of a Proposed Class Action Settlement

Important Update: The Final Fairness Hearing has been rescheduled to November 20, 2024, at 1:30 p.m.

What is this lawsuit about?

The Litigation seeks damages for Defendants’ alleged failure to pay statutory interest on allegedly late payments under Oklahoma law. Defendants expressly deny all allegations of wrongdoing or liability with respect to the claims and allegations in the Litigation. The Court has made no determination with respect to the merits of any of the parties’ claims or defenses.

Who is included?

The Settlement Class in the Litigation consists of the following individuals and entities:

All non‑excluded persons or entities who: (1) received payments outside the time frame provided for in the PRSA from Defendants (or Defendants’ designee) for oil, gas, and natural gas liquids proceeds from Oklahoma wells, or whose proceeds from Oklahoma wells were sent as unclaimed property to a government entity by Defendants; and (2) whose payments or whose unclaimed property payments did not include statutory interest pursuant to the PRSA.

The Claim Period means, subject to the terms of the Settlement Agreement regarding Released Claims: (i) for BCE‑Mach LLC, checks or payments made or issued by or for BCE‑Mach LLC between and including September 28, 2018, through February 29, 2024; (ii) for BCE‑Mach II LLC, checks or payments made or issued by or for BCE‑Mach II LLC between and including January 31, 2020, through February 29, 2024; and (iii) for BCE‑Mach III LLC, checks or payments made or issued by or for BCE‑Mach III LLC between and including June 30, 2020, through February 29, 2024.

What does the Settlement provide?

In settlement of all claims alleged in the Litigation, Defendants have agreed to pay Four Million Two Hundred Thousand Dollars ($4,200,000.00) in cash (“Gross Settlement Fund”). In exchange for this payment and other consideration outlined in the Settlement Agreement, the Settlement Class shall release the Released Claims (as defined in the Settlement Agreement) against the Released Parties (as defined in the Settlement Agreement). The Gross Settlement Fund, less Plaintiffs’ Attorneys’ Fees and Litigation Expenses and Administration, Notice, and Distribution Costs, Case Contribution Award, and any other costs approved by the Court (the “Net Settlement Fund”), will be distributed to final Class Members pursuant to the terms of the Settlement Agreement.

The Settlement Agreement also includes Future Benefits.

YOUR LEGAL RIGHTS AND OPTIONS

These deadlines may be moved, canceled, or otherwise modified, so please check this site regularly for updates.

Do Nothing, Participate in The Settlement

By taking no action, your interests will be represented by Plaintiffs as the Class Representatives and Plaintiffs’ Counsel. As a Class Member, you will be bound by the outcome of the Settlement, if finally approved by the Court. As a Class Member, if you are entitled to a distribution pursuant to the Allocation Methodology, you will receive your portion of the Net Settlement Fund, and you will be bound by the Settlement Agreement and all orders and judgments entered by the Court regarding the Settlement.

Exclude Yourself
(received by October 14, 2024, at 5 p.m. CT)
(Passed)

If you do not wish to be a member of the Settlement Class, then you must exclude yourself from the Settlement Class. If you validly request exclusion, you will not receive any distribution from the Net Settlement Fund, you cannot object to the Settlement, and you will not have released any claim against the Released Parties. You will not be legally bound by anything that happens in the Litigation. For more information, see FAQ 6.

Object
(received by October 14, 2024, at 5 p.m. CT)
(Passed)

Any Class Member who wishes to object to the fairness, reasonableness, or adequacy of the Settlement, any term of the Settlement, the Allocation Methodology, the Plan of Allocation, the request for Plaintiffs’ Attorneys’ Fees and Litigation Expenses and Administration, Notice, and Distribution Costs, or the request for the Case Contribution Award to Class Representatives may file an objection. To be valid, your objection has to meet certain requirements. For more information, see FAQ 7.

Retain Your Own Attorney

You have the right to retain your own attorney to represent you at the Final Fairness Hearing, which will be held on November 20, 2024, beginning at 1:30 p.m. If you retain separate counsel, you will be responsible to pay his or her fees and expenses out of your own pocket. For more information about the Hearing, see FAQ 4.

For More Information

Visit this website often to get the most up-to-date information.

Call
1-855-680-6684
Email
info@wakevmachbce.com
Mail
Wake v BCE Mach Settlement
c/o JND Legal Administration
PO Box 91208
Seattle, WA 98111