UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA | CASE NO. 5::21-CV-84

Welcome to the official Tug Hill Royalty & Atinum Class Action website

WHAT IS THIS CLASS ACTION ABOUT?

The lawsuit claims that the Defendants failed to make proper royalty payments under certain oil and gas mineral leases by underpaying the amount of royalty due and failing to pay royalties on 100% of all Natural Gas Liquids produced under the leases.

A Settlement has been reached with the Defendants pursuant to which a total payment of $21 million will be made as compensation for underpayment of royalties during the period prior to December 1, 2023.

Please read the updated Notice.

PLEASE READ THIS NOTICE CAREFULLY. It impacts your rights and provides you with  information regarding a class action lawsuit over royalty payments on oil and gas mineral leases in West  Virginia against THQ Appalachia I, LLC, THQ Appalachia I Midco, LLC, THQ Marketing, LLC, TH  Exploration, LLC, TH Exploration II, LLC, TH Operating, LLC (the "Tug Hill Defendants") and  Atinum Marcellus I, LLC (“Atinum”)(the Tug Hill Defendants and Atinum are jointly referred to in this  Notice as “Defendants”). Your legal rights are affected whether or not you take action. 

• The lawsuit claims that the Defendants failed to make proper royalty payments under certain oil and gas mineral leases by underpaying the amount of royalty due and failing to pay royalties on 100% of all Natural Gas Liquids produced under the leases. On March 23, 2023, the Court certified the lawsuit as a class action, as described more fully in this Notice. 

• A Settlement has been reached with the Defendants pursuant to which a total payment of $21 million will be made as compensation for underpayment of royalties during the period prior to December 1, 2023.

• The Settlement will pay money to those who received this Notice and submit valid claims, as well as fees and expenses for the Class lawyers and an incentive award to Southern Country Farms, Inc. for acting as the Class Representative as approved by the Court.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

DO NOTHING 

  • Get a Claim Form automatically after the Court approves the Settlement which is scheduled for hearing on February 22, 2024, at 1:30 p.m., if you received this notice in the mail. To get paid, Class Members must file a claim form and give up their right to sue the Defendants for the same legal claims in this case.

FILE A CLAIM 

  • Complete the Claim Form you receive in the mail and get a payment. Give up your rights to sue the Defendants about the same legal claims in this case.

OBJECT/COMMENT

  • Write to the Court about why you object and request the Court not to approve the Settlement.

GO TO THE HEARING

  • Ask to speak in Court about the fairness of the Settlement.