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In re Western States Wholesale Natural Gas Antitrust Litigation

United States District Court, D. Nevada

June 5, 2017

IN RE WESTERN STATES WHOLESALE NATURAL GAS ANTITRUST LITIGATION
v.
ONEOK Inc., et al. THIS DOCUMENT RELATES TO Learjet, Inc., et al. Heartland Regional Medical Center, et al.
v.
ONEOK Inc., et al. Arandell Corp., et al.
v.
Xcel Energy, Inc., et al. NewPage Wisconsin System Inc.
v.
CMS Energy Resource Management Co., et al. MDL No. 1566

          FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO AMERICAN ELECTRIC POWER COMPANY, INC. AND AEP ENERGY SERVICES, INC.

          Hon. Robert C. Jones United States District Judge.

         This matter has come before the Court to determine whether there is any cause why this Court should not approve the settlement between Plaintiffs in the above-captioned Actions on behalf of the Midwest Classes, and American Electric Power Company, Inc. and AEP Energy Services, Inc. (collectively, "AEP"), as set forth in the Settlement Agreement dated September 1, 2016 (the "Agreement"). The Court, after carefully considering all papers filed and proceedings held herein and otherwise being fully informed in the premises, has determined (1) that the settlement should be approved, and (2) that there is no just reason for delay of the entry of this Final Judgment approving the Agreement. Accordingly, the Court directs entry of Judgment which shall constitute a final adjudication of the above-captioned Actions on the merits in accordance with the terms of the Agreement. Good cause appearing therefor, it is:

         ORDERED, ADJUDGED AND DECREED THAT:

         1. The Court has jurisdiction over the subject matter of the Actions and over all parties to the Agreement, including all members of the Midwest Classes based upon the Court's findings and conclusions herein that such settlement class members have been afforded the due process protections of notice, an opportunity to be heard, a right to exclude themselves from the Midwest Classes and adequate representation. Phillips Petroleum Co. v. Shutts, 477 U.S. 797 (1985).

         2. All terms which are defined in the Agreement and used but not otherwise defined herein shall have the meanings ascribed to them in the Agreement, all of which are incorporated herein as though fully set forth in this Final Judgment.

         3. By its Preliminary Approval Order, the Court certified, for purposes of settlement only, these Actions as class actions against AEP under Federal Rule of Civil Procedure 23(b)(3). The Classes are defined as follows:

A. "Kansas Class" means:
All industrial and commercial direct purchasers of natural gas for their own use or consumption during the period from January 1, 2000 through October 31, 2002, and which gas was used or consumed by them in Kansas. Excluded from the Class are (a) entities that purchased natural gas for resale (to the extent of such purchase(s) for resale); (b) entities that purchased natural gas for generation of electricity for the purpose of sale (to the extent of such purchase(s) for generation); (c) defendants and their predecessors, affiliates, and subsidiaries; (d) the federal government and its agencies; and (e) Reorganized FLI, Inc. (f/k/a Farmland Industries, Inc.).
For purposes of the Kansas Class definition, a "direct purchaser" means an industrial or commercial entity that bought natural gas for its own use or consumption directly from any of the defendants in the Actions or from a seller other than a local distribution company.
B. "Missouri Class" means:
All industrial and commercial direct purchasers of natural gas for their own use or consumption during the period from January 1, 2000 through October 31, 2002, and which gas was used or consumed by them in Missouri. Excluded from the Class are (a) entities that purchased natural gas for resale (to the extent of such purchase(s) for resale); (b) entities that purchased natural gas for generation of electricity for the purpose of sale (to the extent of such purchase(s) for generation); (c) defendants and their predecessors, affiliates, and subsidiaries; (d) the federal government and its agencies; and (e) Reorganized FLI, Inc. (f/k/a Farmland Industries, Inc.).
For purposes of the Missouri Class definition, a "direct purchaser" means an industrial or commercial entity that bought natural gas for its own use or consumption directly from any of the defendants in the Actions or from a seller other than a local distribution company.
C. "Wisconsin Class" means:
All industrial and commercial purchasers of natural gas for their own use and consumption during the period from January 1, 2000 through October 31, 2002, which gas was used or consumed by them in Wisconsin. Excluded from the class are (a) entities that purchased natural gas for resale (to the extent of such purchase(s) for resale); (b) entities that purchased natural gas for generation of electricity for the purpose of sale (to the extent of such purchase(s) for generation); (c) entities that purchased natural gas from entities that sold natural gas at rates approved by a State regulatory entity or public service commission (to the extent of such purchases at such approved rates); (d) ...

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