Frequently Asked Questions

  1. What is the nature of the case?
  2. How do I know if I am included in the lawsuit?
  3. What are my legal rights?
  4. How do I file an appearance or request for exclusion?
  5. Where can I get more information?
  1. What is the nature of the case?

    A class action lawsuit was filed in Lincoln County alleging that earthquakes allegedly caused by nearby oil and gas wastewater disposal well operations occurred near Prague, Oklahoma, on November 5th, 6th, and 8th, of 2011. More specifically, the case asserts that New Dominion, LLC (“New Dominion”) and Spess Oil Company, among others, were responsible for these earthquakes, and alleges that the earthquakes caused damage to properties in Lincoln, Payne, Logan, Oklahoma, Cleveland, Pottawatomie, Seminole, Okfuskee, or Creek counties. New Dominion denies that its operations caused the earthquakes.

    District Judge Lori Walkley, sitting by assignment for the District Court of Lincoln County, is the presiding judge. Judge Walkley has not made any decisions regarding the merits of this case. A trial is scheduled to begin on the particular issues that the class has been certified for on October 18, 2021, in Judge Walkley’s courtroom at the District Court of Cleveland County in Norman, Oklahoma.

    The trial on the particular issues will not result in an award of damages for any member of the class, or provide for punitive damages. Instead, the purpose of the class action trial is to determine, among other issues, whether the earthquakes near Prague in 2011 were caused or contributed to by New Dominion. There is no money available now and no guarantee that there ever will be.

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  2. How do I know if I am included in the lawsuit?

    You are a member of the Class if you meet the following definition: All persons who are Oklahoma citizens and owning a business or residential real estate property in Lincoln, Payne, Logan, Oklahoma, Cleveland, Pottawatomie, Seminole, Okfuskee, and Creek counties in Oklahoma (the “Class Area”) between November 5th through 8th, 2011, and which suffered earthquake damages to such properties from the earthquakes with epicenters near Prague, Oklahoma and occurring on or about November 5th, 6th, and 8th, of 2011. Excluded from the Class is New Dominion, its directors, officers, employees, and/or agents, the judge presiding over this action and her immediate family members, any person named as an individual plaintiff in another legal action brought against New Dominion and meeting the Class definition, and any person that timely “opts out” of the Class in accordance with the orders of the Court.

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  3. What are my legal rights?

    Stay in the Class: If you are included in the lawsuit and wish to remain a member of the Class, you do not have to do anything. If you choose not to exclude yourself as a member of the Class, then any determinations finally entered in this lawsuit on the particular issues certified for the class, favorable or not, will be binding on you.

    Appear in the Lawsuit: If you wish to appear in the case or have your attorney do so for you, you must file the appearance in the Clerk’s office as instructed below.

    Exclude Yourself From the Class: If you wish to exclude yourself from the Class, you may file a simple statement that you wish to exclude yourself from the Class. IMPORTANTLY, you must postmark or file your exclusion from the Class with the Clerk’s office by August 27, 2021. By excluding yourself from the Class, you are saying you do not want your right to bring your own lawsuit for damages from the earthquakes near Prague in November of 2011 to be affected by the determination of particular issues finally entered in this class action lawsuit.

    Observe the Class Trial: You may observe the jury trial of the particular issues that the class has been certified for. The trial is set to begin October 18, 2021, in Judge Walkley’s courtroom in the District Court of Cleveland County located at 201 S. Jones Ave., Norman, Oklahoma 73069.

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  4. How do I file an appearance or request for exclusion?

    If you wish to file an appearance in the case (by yourself or by your own attorney), or if you wish to exclude yourself from the Class you must mail the filings to the Lincoln County District Court Clerk, Class Counsel, and New Dominion’s lawyers.

    Your notice of appearance or your notice to exclude yourself from the Class must reference the case name, Cooper v. New Dominion, LLC et al., Lincoln County District Court, Case No. CJ-2015-024. Remember that your notice to exclude yourself from the Class must also include a statement indicating that you wish to exclude yourself from the lawsuit and must be postmarked by August 27, 2021. Please mail your documents for filing to the following addresses:

    Clerk of the Court: Lincoln County District Court Clerk, P.O. Box 307, Chandler, OK 74834

    Class Counsel: Scott Poynter, POYNTER LAW GROUP, 407 Pres. Clinton Ave., Suite 201, Little Rock, AR 72201

    New Dominion’s Attorney: Robert Gum, GUM PUCKETT et al., 105 N. Hudson Ave., Suite 900, Oklahoma City, OK 73102

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  5. Where can I get more information?

    If you have further questions or need additional information, please call the Notice Administrator at 1-844-915-2150, or email Class Counsel Scott Poynter at scott@poynterlawgroup.com or call him at 501-812-3943.

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