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Update for Non-Core Natural Gas
Subclass Members:
The "Effective Date" of the El Paso settlement occurred on June 11, 2004. On June 24, 2004, the Court approved a claim form for mailing to the members of the Non-Core Natural Gas Subclass. The claim form will be mailed on July 7, 2004. Completed claim forms must be submitted by September 7, 2004. The "Industrial Claims Procedure" posted on this website is not a claim form.
If you received the Notice of Class Action Settlement in the mail in September 2003, without having to request it, your company is on the Non-Core Natural Gas Subclass mailing list. If you are a Non-Core Natural Gas Subclass member and you are concerned that your company may not be on the mailing list, you may provide your company name, contact person, and mailing address to the mailing agent at noncoreclaims@poorman-douglas.com.
Please do not use this email adress for any other purpose.
| If You
Purchased Natural Gas or Electricity
for Your Home or Business In
California
Your Rights May Be Affected by a Proposed Class Action
Settlement
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A
proposed class action settlement between plaintiffs representing
California business and residential users of natural gas and
electricity and defendants El Paso Corporation, El Paso Natural Gas
Co., and El Paso Merchant Energy, L.P. ("El Paso") is pending in the
Superior Court of the State of California, County of San Diego.
You may download the Notice of Proposed Class Action
Settlement that describes your legal rights by clicking
here.
Beginning in September 2000, seven class action
lawsuits were filed on behalf of individuals and businesses in
California against El Paso and other defendants. The lawsuits have
been coordinated before the Hon. J. Richard Haden, and given the
special title Natural Gas Antitrust Cases I-IV, JCCP No.
4221, et al.
These lawsuits allege that El Paso and
its subsidiary worked together to create artificial shortages and
artificially high natural gas prices, manipulated natural gas price
indices by engaging in "wash trades", and conspired with Southern
California Gas Co. and San Diego Gas & Electric (collectively,
the "Sempra Defendants") to eliminate competing pipeline projects
under development which would have increased supplies of natural gas
to Southern California and reduced or averted natural gas shortages
and high natural gas and electricity prices experienced in 2000 and
2001. El Paso and the Sempra Defendants deny these allegations. The
lawsuits seek damages and restitution based on the higher energy
costs.
If you wish to remain in the settlement class, you
need not take any action at this time. However, you will be bound by
the rulings of the Court if the settlement is approved. For complete
information regarding your rights, please read the Notice of
Proposed Class Action Settlement.
Important Dates
- Approval Hearing - November 20,
2003
The Court has scheduled a hearing at 1:30 p.m. on
November 20, 2003
in the courtroom of the Honorable J. Richard Haden, Judge of
the San Diego County Superior Court, Department 72, located
at 330 W. Broadway, San Diego, California 92101, to
determine whether the settlement with El Paso is fair,
adequate, and reasonable and should be given final approval.
At the same time, the Court will hold a hearing to determine
the amount of attorneys' fees and costs to be awarded to the
law firms representing the Class. Although you may attend
the hearing, you are not required to do so to participate in
the settlement.
- Deadline to Exclude Yourself - October 14,
2003
If you do not wish to participate in the
settlement or be bound by the Settlement terms, you must
submit a request for exclusion, post-marked on or before
October 14, 2003
as detailed in the Exclusion
Procedures page.
- Deadline to File Notice of Intention to Appear -
October 14, 2003
If you are a member of the
settlement class, and wish to comment in support of, or in
opposition to, any aspect of the proposed settlement, and/or
you wish to be heard at either hearing, you must file with
the Clerk of the San Diego Superior Court as detailed in the
Notice
of Proposed Class Action
Settlement.
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