SEATTLE, Dec. 20, 2022 /PRNewswire-HISPANIC PR WIRE/ — JND Legal Administration
A Settlement has been reached in the class action lawsuit called Gutierrez, et al. v. Amplify Energy Corp., et al., Case No. SA 21-CV-1628-DOC-JDE (C.D. Cal.).
Plaintiffs claim that Amplify Energy Corp., Beta Operating Company, LLC and San Pedro Bay Pipeline Company (“Amplify”) have responsibility for the October 2021 oil spill off the coast of Orange County near Huntington Beach (the “Oil Spill”) that caused damage to commercial fishers and processors, coastal real property, and waterfront tourism businesses. Amplify denies those allegations and asserts that two container ships struck and damaged the pipeline leading to the Oil Spill and failed to alert Amplify of the incident. The Court has not decided who is right or wrong. Instead, Amplify and Plaintiffs have agreed to a Settlement. The Settlement was reached with Amplify only and does not include Plaintiffs’ or Amplify’s claims against the two container ships involved in the Oil Spill. Those actions are titled In the Matter of the Complaint of Dordellas Finance Corp. Owner and MSC Mediterranean Shipping Company S.A., Owner pro hac vice, No. 2:22-cv-02153-DOC-JDE, or the “Limitation Action.” Claims against the ships are ongoing and not affected by this Settlement with Amplify.
You are a Fisher Class Member if you are (1) a person or business who owned or worked on a commercial fishers and vessel docked in Newport Harbor or Dana Point Harbor as of October 2, 2021, and/or landed seafood within the California Department of Fish & Wildlife fishing blocks 718-720, 737-741, 756-761, 801-806, and 821-827 between October 2, 2016 and October 2, 2021, and were in operation as of October 2, 2021; or (2) a person or business who purchased and resold commercial seafood so landed, at the retail or wholesale level, that were in operation as of October 2, 2021.
You are a Property Class Member if you owned or leased, between October 2, 2021, and December 31, 2021, residential waterfront and/or waterfront properties or residential properties with a private easement to the coast located between the San Gabriel River and the San Juan Creek in Dana Point, California.
You are a Waterfront Tourism Class Member if you are a person or entity in operation between October 2, 2021, and December 31, 2021, who: (a) owned or worked on a sea vessel engaged in the business of ocean water tourism (including sport fishing, sea life observation, and leisure cruising) and accessed the water between the San Gabriel River and San Juan Creek in Dana Point; or (b) owned businesses that offered surfing, paddle boarding, recreational fishing, and/or other beach or ocean equipment rentals and/or lessons or activities; sold food or beverages; sold fishing bait or equipment, swimwear or surfing apparel, and/or other retail goods; or provided visitor accommodations south of the San Gabriel River, north of the San Juan Creek, and west of: (1) Highway 1 in Seal Beach; (2) Orange Avenue and Pacific View Avenue in Huntington Beach; and (3) Highway 1 south of Huntington Beach.
The Settlement will pay $50 million to create settlement funds, $34 million of which will be used for the Fisher Class Settlement Fund, $9 million for the Property Class Settlement Fund, and $7 million for the Waterfront Tourism Class Settlement Fund. Together with any interest, the funds will be used to pay eligible Class Members, as well as attorney fees and costs, notice and settlement administration costs, service awards to Class Representatives, and any other fees and costs approved by the Court. If the Settlement is approved, payments will be made to eligible Class Members based on an allocation plan approved by the Court. In addition to the monetary benefits, the Settlement provides that Amplify will take steps to help prevent future oil spills.
If the Settlement with Amplify is approved by the Court, all Class Members will be bound by the Settlement and will be deemed to have fully released the Amplify Defendants and related Released Parties from all claims relating to the Oil Spill, including any claims under OPA.
Receive a Payment. Unless you are a restaurant, retail store, surf school, or bait and tackle business Waterfront Tourism Class Member, you will be sent a check automatically.
If you are a restaurant, retail store, surf school, or bait and tackle business Waterfront Tourism Class Member, you must file a claim to receive a payment. Claim forms may be submitted online at www.OCOilSpillSettlement.com using information sent to Waterfront Tourism Class Members by mail. Claim Forms must be submitted or postmarked by a date to be determined. If you receive a payment, you will be bound by the Settlement.
If you believe you are in the Classes above but did not receive notice by mail, please email info@OCOilSpillSettlement.com or call 1-877-917-0133.
Exclude Yourself: If you exclude yourself or remove yourself from the Class, you will not receive a payment. You will keep your right to sue or continue to sue Amplify over the claims resolved by the Settlement.
Object. If you do not exclude yourself from the Settlement, you may object to it or tell the Court what you don’t like about the Settlement.
Exclusions and objections must be postmarked/served/filed by February 14, 2023. For details about your rights and options and how to exclude yourself or object, go to www.OCOilSpillSettlement.com.
The Court will hold a Final Approval Hearing on April 24, 2023, at a time to be determined. to (a) determine whether to grant final approval of the Settlement; (b) consider any timely objections; (c) rule on attorneys’ fees and costs (not to exceed 25% of the total Settlement Amount); (d) rule on service awards (up to $10,000 each to the 17 Class Representatives); and (e) determine whether or not to adopt the Plans of Distribution. The Court appointed Lieff Cabraser Heimann Bernstein LLP, Aitken, Aitken, Cohn, and Larson, LLP to be the attorneys representing the Classes. If you want to be represented by your own lawyer, you may hire one at your own expense.
For more information and to view the full notice, go to www.OCOilSpillSettlement.com, or contact the Settlement Administrator by writing to OC Oil Spill Settlement, c/o JND Legal Administration, P.O. Box 91202, Seattle, WA 98111, emailing info@OCOilSpillSettlement.com, or calling 1-877-917-0133.
SOURCE JND Legal Administration
