Eaton v Ascent Resources – Utica LLC

If you received royalty payments from oil and gas leases with Ascent Resources – Utica, LLC at any time since October 1, 2014, you could be affected by the Court’s Order granting class certification in the case.

A federal court authorized this website.

In this lawsuit, Plaintiffs allege that Ascent has taken and continues to take improper or excessive deductions and alleges that Ascent is improperly paying royalties in violation of the terms of the leases. In addition, Plaintiffs allege that they have the right to an accounting as a matter of law. Plaintiffs seek past damages for allegedly improper deductions taken from royalty payments, as well as an accounting and an order from the Court ending the practice.

Ascent denies that it has made any improper or excessive deductions and contends that it is properly paying royalties in accordance with the terms of the leases. Ascent further contends that Plaintiffs have no right to an accounting as a matter of law.

Please read this website carefully because your rights are affected.

On August 4, 2021, the Court issued an Order certifying the following class and subclasses (as modified by the Court’s subsequent April 4, 2024 Opinion and Order):

• All persons or entities including their predecessors and successors-in-interest who have received, or who are entitled to receive, royalty payments from natural gas or oil wells located in Ohio, who were paid royalties by Ascent at any time since October 1, 2014, and who fit in one or more of the following subclasses.
• Subclass (a): All persons or entities who have had deductions for “gathering” and “compression” expenses taken from royalty payments by Ascent.
• Subclass (b): All persons or entities who have had deductions for “processing” expenses taken from royalty payments by Ascent.
• Subclass (c): All persons or entities who have had deductions for “transportation” expenses taken from royalty payments by Ascent.
• Subclass (d): All persons or entities for which Ascent has classified the lessor as having a “market enhancement clause” lease who have had deductions for “processing” expenses taken from royalty payments by Ascent.
• Subclass (e): All persons or entities for which Ascent has classified the lessor as having a “market enhancement clause” lease who have had deductions for “transportation” expenses taken from royalty payments by Ascent.
• Exclusion: Excluded from the Class and each Subclass are Ascent, any of its affiliates, parents, subsidiaries, officers, directors, employees, legal representatives, successors, and assigns, and any entity in which Ascent has a controlling interest, as well as that entity’s officers, directors, employees, legal representatives, successors, and assigns, in addition to the judicial officers and their immediate family members and court staff assigned to this lawsuit. Also excluded are those persons or entities whose royalties are paid per an overriding royalty interest, or those with working interests, or those whose leases contain governing arbitration clauses.

• This is not a lawsuit against you. You received this website because Ascent’s records show that you were or are entitled to receive royalty payments from Ascent at some time from October 1, 2014, to the present, and have had deductions for post-production costs taken from your royalty payments. Discovery is still proceeding in this case. As outlined below, Court-appointed Class Counsel will seek discovery from Ascent, hire experts, and prosecute the claims on behalf of the class.
• The Court has not decided whether Ascent did anything wrong. There is no money available now, and no guarantee there will be. However, your legal rights are affected, and you have a choice to make now: