Indianola Resources, LLC v. Calyx Energy III, LLC
Indianola v. Calyx Settlement

Frequently Asked Questions


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  • The Litigation sought damages for Defendant’s alleged failure to pay statutory interest on allegedly late payments under Oklahoma law. Defendant expressly denies all allegations of wrongdoing or liability with respect to the claims and allegations in the Litigation. The Court has made no determination with respect to the merits of any of the parties’ claims or defenses. A more complete description of the Litigation, its status, and the rulings made in the Litigation are available in the pleadings and other papers maintained by the United States District Court for the Eastern District of Oklahoma in the file for the Litigation.

  • The Settlement Class in the Litigation consists of the following individuals and entities:

    All‑nonexcluded persons or entities who, during the Claim Period: (1) received late payments under the PRSA from Calyx (or Calyx’s designee) for oil‑and‑gas proceeds from Oklahoma wells, or whose proceeds were sent as unclaimed property to a government entity by Calyx; and (2) whose proceeds did not include the statutory interest required by the PRSA.

    Excluded from the Settlement Class are: (1) Calyx, its affiliates, predecessors, and employees, officers, and directors; (2) agencies, departments, or instrumentalities of the United States of America or the State of Oklahoma; and (3) Meadors Properties, LLC, Longreach Energy Investments, LLC, Longreach Energy 2, LLC, Lahoma June Garrison, Teresa Garrison Platt, Richard C. Lerblance, Cordell Royalty Company LLC, CPC Royalties Inc., David Oscar Cordell, KLM Royalties Inc., Patricia A. Cordell Trust, Sara Buffington Scott, Susan Gough, and Thomas Cordell Scott, including any of the affiliates of the foregoing.

    The Claim Period means checks or payments dated between and including August 31, 2016, through October 31, 2022, subject to the terms of the Settlement Agreement regarding Released Claims.

  • On April 23, 2024, the Court granted Final Approval to a Settlement in the Litigation between Plaintiffs, on behalf of themselves and the Settlement Class, and Defendant. This approval and the Notice are not an expression of opinion by the Court as to the merits of any of the claims or defenses asserted by any of the parties to the Litigation.

    In settlement of all claims alleged in the Litigation, Defendant has agreed to pay One Million Dollars ($1,000,000.00) in cash (“Gross Settlement Fund”). In exchange for this payment and other consideration outlined in the Settlement Agreement, the Settlement Class shall release the Released Claims (as defined in the Settlement Agreement) against the Released Parties (as defined in the Settlement Agreement). The Gross Settlement Fund, less Plaintiffs’ Attorneys’ Fees and Litigation Expenses and Administration, Notice, and Distribution Costs, Case Contribution Awards, and any other costs approved by the Court (the “Net Settlement Fund”), will be distributed to final Class Members pursuant to the terms of the Settlement Agreement.

    Class Counsel sought an award of Plaintiffs’ Attorneys’ Fees of not more than 40% of the Gross Settlement Fund. Co‑Lead Class Counsel Reagan E. Bradford and Ryan K. Wilson of Bradford & Wilson and Additional Class Counsel Brady L. Smith of Brady Smith Law, PLLC, have been litigating this case without any payment whatsoever, advancing thousands of dollars in expenses. At the Final Fairness Hearing, Plaintiffs’ Counsel also sought reimbursement of the litigation and administration expenses incurred in connection with the prosecution of this Litigation and that will be incurred through final distribution of the Settlement, which is estimated to be approximately $140,000.00. In addition, Plaintiffs sought a case contribution award for their representation of the Class, which total combined amount did not exceed $20,000.00, to compensate Plaintiffs for their time, expense, risk, and burden as serving as Class Representatives.

    The Court must approve the Allocation Methodology, which describes how the Settlement Administrator will allocate the Net Settlement Fund. The Net Settlement Fund will be distributed by the Settlement Administrator after the Effective Date of the Settlement. The Effective Date requires the exhaustion of any appeals, which may take a year or more after the entry of Judgment.

    The Notice does not and cannot set out all the terms of the Settlement Agreement, which is available for review at the Important Documents page. This website will eventually include the Notice, the Plan of Allocation, and Plaintiffs’ Counsel’s application for Plaintiffs’ Attorneys’ Fees and Litigation Expenses and other costs. You may also receive information about the progress of the Settlement by visiting the Home page, or by contacting the Settlement Administrator.

  • The Final Fairness Hearing was held on March 27, 2024 and the Court granted final approval to the settlement. At the Fairness Hearing, the Court considered: (a) whether the Settlement is fair, reasonable, and adequate; (b) any timely and properly raised objections to the Settlement; (c) the Allocation Methodology; (d) the application for Plaintiffs’ Attorneys’ Fees and Litigation Expenses and Administration, Notice, and Distribution Costs; and (e) the application for Case Contribution Awards for the Class Representatives.


  • By taking no action, your interests are represented by Plaintiffs as the Class Representatives and Plaintiffs’ Counsel. The Court has been requested to approve a Plan of Allocation which provides that no distributions will be made to any Class Member who would otherwise receive a distribution of $5.00 or less. As a Class Member, if you are entitled to a distribution pursuant to the Allocation Methodology, you will receive your portion of the Net Settlement Fund, and you are bound by the Settlement Agreement and all orders and judgments entered by the Court regarding the Settlement. Unless you excluded yourself from the Settlement Class, neither you nor any other Releasing Party will be able to start a lawsuit or arbitration, continue a lawsuit or arbitration, or be part of any other lawsuit against any of the Released Parties based on any of the Released Claims.

  • The deadline to submit a request for exclusion passed on March 6, 2024.

    If you validly requested exclusion, you will not receive any distribution from the Net Settlement Fund, and you will not have released any claim against the Released Parties. You will not be legally bound by anything that happens in the Litigation.

  • The Deadline to object to the Settlement passed on March 6, 2024.

  • You had the right to retain your own attorney to represent you at the Final Fairness Hearing. If you retained separate counsel, you are responsible to pay his or her fees and expenses out of your own pocket.

  • The Notice summarizes the Settlement Agreement, which sets out all of its terms. You may obtain a copy of the Settlement Agreement with its exhibits, as well as other relevant documents, from the Important Documents page for free, or you may request copies by contacting the Settlement Administrator. In addition, the pleadings and other papers filed in this Action, including the Settlement Agreement, are available for inspection in at the Office of the Clerk of the Court, set forth in FAQ 7, and may be obtained by the Clerk’s office directly. The records are also available on‑line for a fee through the PACER service at If you have any questions about the Notice, you may consult an attorney of your own choosing at your own expense or Class Counsel.


For More Information

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Indianola v. Calyx Settlement
c/o JND Legal Administration
PO Box 91343
Seattle, WA 98111