Cline et al v. Sunoco, Inc. (R&M) et al

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6:17-cv-00313-JAG Document 299 Filed in ED/OK 0n 08/17/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA

PERRY CLINE, on behalf of himself
and all others similarly situated,
Plaintiff,
V. Civil Action No. 6:17-cv-313-JAG

SUNOCO, INC. (R&M), et al.,
Defendants.

ORDER

This matter comes before the Court following a bench trial. The Court held a trial in this
case on December 16-19, 2019, and heard closing arguments on June 17, 2020. For the reasons
stated in the accompanying Opinion, the Court ORDERS as follow:

1. The Court GRANTS the plaintiffs motion to strike Eric Krause (Dk. No. 207) and
SUSTAINS the plaintiffs objections to Krause’s testimony at trial.

2. The Court ENTERS JUDGMENT against the defendants as to Count One in the
amount of $74,763,113.00 as of December 16, 2019, plus any additional interest that has accrued
on each payment at a rate of 12 percent, compounding annually, from December 17, 2019, to the
date of this Order, subject to the modifications as set forth below. The Court, however, withholds
entering a final judgment order pursuant to Federal Rule of Civil Procedure 58 until counsel has
provided the Court with an updated damages calculation.

3. The Court AWARDS punitive damages in the amount of $75,000,000, pursuant to
Okla. Stat. tit. 23, § 9.1(B).

4, The Court CONCLUDES that the defendants have not committed fraud as alleged

in Count Two.

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

6:17-cv-00313-JAG Document 299 _ Filed in ED/OK 0n 08/17/20 Page 2 of 2

5; The Court DENIES the requests for an accounting, disgorgement, and a permanent
injunction set forth in Counts Three and Four.
6. Except as otherwise indicated, the Court OVERRULES all outstanding objections
to the exhibits, witnesses, deposition designations, and other evidence.
7. Within seven (7) days of this Order, counsel shall confer and file a notice that sets
forth the following calculations:
a. The total amount of actual damages, to include the total additional interest
that has accrued on each payment between the date of trial and the date of this
Order. Counsel shall subtract the interest due for any timely exclusion requests not
accounted for in the plaintiffs trial calculations, and add the interest due to the class
members who timely withdrew their exclusion requests. (See Dk. No. 271.)
b. The combined total of the updated damages calculation plus $75,000,000.00
in punitive damages.
8. Within fourteen (14) days of filing the updated calculations, class counsel shall file
a brief setting forth its proposed plan for distribution of the damages award. The defendants shall
respond within fourteen (14) days after class counsel files the proposed plan. Class counsel may
file a reply six (6) days thereafter.
It is so ORDERED.

Let the Clerk send a copy of this Order to all counsel of record.

Date: /? ee (a 2020 Is} Ge. iz

Richmond, VA/ John A. Gibney, Jr. 7/7
United States District Judge