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

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6:17-cv-00313-JAG Document127 _ Filed in ED/OK 0n 10/03/19 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), and,
SUNOCO PARTNERS MARKETING
& TERMINALS, L.P.,

Defendants.

ORDER
This matter comes before the Court on the plaintiffs motion to certify the class (Dk. No.
91) and the defendants’ motion for leave to file a sur-reply (Dk. No. 119). For the reasons stated
in the accompanying Opinion, the Court GRANTS the motion to certify and CERTIFIES the
following class:

All non-excluded persons or entities who: (1) received Untimely Payments from
Defendants (or Defendants’ designees) for oil proceeds from Oklahoma wells on
or after July 7, 2012, and (2) who have not already been paid statutory interest on
the Untimely Payments. An “Untimely Payment” for purposes of this class
definition means payment of proceeds from the sale of oil production from an oil
and gas well after the statutory periods identified in OKLA. STAT. tit 52,
§570.10(B)(1) (i.e., commencing not later than six (6) months after the date of
first sale, and thereafter not later than the last day of the second succeeding month
after the end of the month within which such production is sold). Untimely
Payments do not include: (a) payments of proceeds to an owner under OKLA.
STAT. tit 52, §570.10(B)(3) (minimum pay); (b) prior period adjustments; or (c)
pass-through payments.

The persons or entities excluded from the Class are: (1) agencies, departments, or
instrumentalities of the United States of America or the State of Oklahoma; (2)
publicly traded oil and gas companies and their affiliates; (3) persons or entities
that Plaintiff's counsel may be prohibited from representing under Rule 1.7 of the
Oklahoma Rules of Professional Conduct; and (4) officers of the court.

AUTHENTICATED
U.S. GOVERNMENT.
INFORMATION

GPO

6:17-cv-00313-JAG Document127 _ Filed in ED/OK 0n 10/03/19 Page 2 of 2

Further, the Court GRANTS the defendants’ motion to file a sur-reply (Dk. No. 119) and
DIRECTS the Clerk to docket the sur-reply (Dk. No. 119-1).
It is so ORDERED.

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

Isl a

3 John A. Gibney, Jr. ( MI
Rich sere 2018 United States District Judge
Richmond, VA