Kansas District Court
Judge:Kathryn H Vratil
Case #: 2:07-md-01840
Nature of Suit890 Other Statutes - Other Statutory Actions
Cause28:1407 Multi-District Litigation
Case Filed:Jun 22, 2007
Terminated:Sep 22, 2015
Defendant
7-Eleven, Inc.
Defendant
Abel Oil Company
Defendant
Abercrombie Oil Company, Inc.
Defendant
Albertson's Holdings LLC
Defendant
Albertson's LLC
Defendant
Alimentation Couche-Tard Inc.
Defendant
Allsup's Convenience Stores, Inc.
Defendant
Allsup's Inc.
Defendant
Alon Interests, LLC
Defendant
Ambest, Inc.
Defendant
Amerada Hess Corporation
Defendant
Amoco Oil Company
Defendant
Ampride, Inc
Defendant
Ayers Oil Co
Defendant
B-B Oil Company, Inc.
Defendant
Beroth Oil Company
Defendant
Big River Oil Company
Defendant
BP Corporation North America, Inc.
Defendant
BP North America Inc.
Defendant
BP North America Petroleum, Inc.
Defendant
BP Products North America Inc.
Defendant
BP Products North Americas Inc
Defendant
BP West Coast Products, LLC
Defendant
Brown-Thompson General Partnership
Defendant
Campbell Oil Company
Defendant
Carolina Energies, Inc.
Defendant
Casey's General Stores, Inc.
Defendant
Chevron Caribbean, Inc.
Defendant
Chevron Corporation
Defendant
Chevron Stations
Defendant
Chevron USA, Inc.
Defendant
Circle K Corporation, The
Defendant
Circle K Stores, Inc.
Defendant
Citgo Petroleum Corporation
Defendant
Cleveland Capital Holdings
Defendant
Coastal Mart of Oklahoma Inc.
Defendant
Coastal Mart, Inc.
Defendant
Commercial Oil Company
Defendant
Common Cents Stores
Defendant
Conoco Shale Oil
Defendant
ConocoPhillips Company
Defendant
Costco Wholesale Corporation
Defendant
Coulson Oil Company, Inc.
Defendant
Crown Central, LLC
Defendant
Dakota Leasing Co.
Defendant
Dansk Investment Group, Inc.
Defendant
Diamond Shamrock Stations, Inc.
Defendant
Diamond State Oil LLC
Defendant
Domino Oil Co., Inc.
Defendant
E.J. Pope & Sons, Inc.
Defendant
El Paso Corporation, The
Defendant
Entec Stations, Inc.
Defendant
Equilon Enterprises LLC
Defendant
Esso Virgin Islands, Inc.
Defendant
Exxon Mobil Corporation
Defendant
EZ Mart Stores Inc
Defendant
Fast Track, Inc.
Defendant
Flash Market Inc
Defendant
Flying J Inc
Defendant
Flying J Inc.
Defendant
Fort Smith Petroleum Equipment Inc.
Defendant
Freeman Oil Company, Inc.
Defendant
Frost Petroleum Equipment LLC
Defendant
G and M Oil Company, Inc.
Defendant
G and M Oil Company, LLC.
Defendant
Gardner Oil Company, Inc.
Defendant
Gas-Mart USA, Inc.
Defendant
Getty Petroleum Marketing, Inc.
Defendant
Giant Industries, Inc.
Defendant
Giant Stop-N-Go of New Mexico, Inc.
Defendant
Grace Energy Corporation
Defendant
Harts Gas & Food
Defendant
Hess Corporation
Defendant
Hess Oil Company
Defendant
Hess Oil Virgin Islands, Corp.
Defendant
Holiday Convenience
Defendant
Holiday Oil
Defendant
Huffman Oil Company, Inc.
Defendant
Hy-Vee Inc
Defendant
J & P Flash Inc.
Defendant
Kentucky Flying J, Inc.
Defendant
Kroger Co, The
Defendant
Kroger Co.
Defendant
Kum & Go, LC
Defendant
L & L Oil Company Inc.
Defendant
La Sher Oil Company
Defendant
Li'l Thrift Food Marts, Inc.
Defendant
Liberty Oil and Gas Corporation
Defendant
Ligon Oil Company, Inc
Defendant
Loaf N' Jug Inc
Defendant
Love's Travel Stops & Country Stores Inc
Defendant
LSAA, Inc.
Defendant
M.M. Fowler, Inc.
Defendant
Mac's Convenience Stores, LLC.
Defendant
Magness Oil Company
Defendant
Marathon Ashland Petroleum LLC
Defendant
Marathon Domestic LLC
Defendant
Marathon Oil Company
Defendant
Marathon Oil Corporation
Defendant
Marathon Petroleum Company, LLC
Defendant
MAVCAP, LLC
Defendant
Maverik Country Stores, Inc.
Defendant
McNeill Oil Company, Inc.
Defendant
MFA Oil Company
Defendant
Midwest Petroleum Company
Defendant
Miltenberger Oil Co., Inc.
Defendant
Mobil International Petroleum Corporation
Defendant
Mobil Oil Guam Inc.
Defendant
Motiva Enterprises LLC
Defendant
Murphy Oil Corporation
Defendant
Murphy Oil USA, Inc.
Defendant
National Petroleum Products Inc.
Defendant
Pak A Sak Inc.
Defendant
Pantry Inc, The
Defendant
PB America Corporation
Defendant
PDV America Inc
Defendant
Petro Stopping Centers Holdings, LP
Defendant
Petro Stopping Centers, LP
Defendant
Petroleum World, Inc.
Defendant
Petromark Inc.
Defendant
Phillips 66 Company
Defendant
Pilot Corporation
Defendant
Pilot Travel Centers, LLC
Defendant
Port Cities Oil LLC
Defendant
Presto Convenience Stores, LLC
Defendant
PTCAA Texas, LP
Defendant
Quality Oil Company, LLC
Defendant
Quick Fuel, Inc.
Defendant
Quiktrip Corp.
Defendant
Race Trac Petroleum, Inc.
Defendant
Rapid Roberts Inc
Defendant
Ray Thomas Petroleum Company, Inc.
Defendant
Rivercity Energy Company Inc.
Defendant
Royal Dutch Shell PLC
Defendant
Rutherford Electric
Defendant
Sam's Club
Defendant
Sam's East, Inc.
Defendant
Sam's West, Inc.
Defendant
Sams Club
Defendant
Sams East
Defendant
Saudi Refining Inc.
Defendant
Save-A-Stop Incorporated
Defendant
Seven-Eleven Japan Co. LTD
Defendant
Sheetz, Inc.
Defendant
Shell Guam Inc.
Defendant
Shell Oil Company
Defendant
Shell Oil Products Company LLC
Defendant
Shell Petroleum Inc
Defendant
Shell Petroleum N.V.
Defendant
Sinclair Oil Corporation
Defendant
South Central Oil Co., Inc.
Defendant
South Pacific Petroleum Corporation
Defendant
Southwest Convenience Stores LLC
Defendant
Speedway Petroleum Corporation
Defendant
Speedway SuperAmerica, LLC
Defendant
Standard Oil Company, Inc.
Defendant
Star Fuel Marts Inc
Defendant
Sunoco Corporation
Defendant
Sunoco Inc
Defendant
Sunoco, Inc., R&M
Defendant
Supervalu, Inc.
Defendant
TA Operating Corporation
Defendant
TA Operating LLC
Defendant
Tesora Corporation
Defendant
Tesoro Refing and Marketing Company
Defendant
Tesoro Refining and Marketing Company
Defendant
Texaco Caribbean, Inc.
Defendant
Texaco Inc
Defendant
The Kroger Co.
Defendant
Thoele, Inc.
Defendant
Thomas Petroleum Inc
Defendant
Thorntons, Inc.
Defendant
Toot 'N Totum Stores, LP
Defendant
Top Stop Convenience Stores
Defendant
Total Petrochemicals USA, Inc.
Defendant
TravelCenters of America
Defendant
TravelCenters of America Holding Company LLC
Defendant
TravelCenters of America, Inc.
Defendant
TravelCenters of America, LLC
Defendant
United El Segundo, Inc.
Defendant
United Energy, Inc.
Defendant
USA Petroleum Corporation
Defendant
Valero Energy Corporation
Defendant
Valero Energy Group
Defendant
Valero Marketing and Supply Company
Defendant
VLO
Defendant
Volvo Petro Holdings, LLC
Defendant
Waddill's Markets, Inc.
Defendant
Wal-Mart Stores, Inc.
Defendant
Wallis Oil Co., Inc.
Defendant
Warrenton Oil Company
Defendant
Wawa, Inc.
Defendant
Western Refining, Inc.
Defendant
Wilco Hess LLC
Defendant
World Oil Corporation
Defendant
Worsely Companies, Inc.
Defendant
Worsley Operating Corporation
Interested Party
Attorney General of Texas
Interested Party
CIOMA
Interested Party
Judicial Panel on Multidistrict Litigation
Interested Party
Michael Gauthreaux
Interested Party
Miscellaneous Owner-Operator Independent Drivers Association
Interested Party
NACS - The Association for Convenience & Petroleum Retailing
Interested Party
NATSO, Inc.
Interested Party
Petroleum Marketers and Convenience Store Association of Kansas, Inc.
Interested Party
Petroleum Marketers Association of America, Inc.
Interested Party
Society of Independent Gasoline Marketers of America
Miscellaneous
Owner-Operator Independent Drivers Association (OOIDA)
Objector
Adam Schulman
Objector
Amy Alkon
Objector
Bonnie Anderson
Objector
Carroll Putnam
Objector
Charles Zuravin
Objector
Daryl Chilmidios
Objector
David Kenner
Objector
James Phillips
Objector
Jeff Long
Objector
Jeffrey Weinstein
Objector
Karen Waldvogel
Objector
Melissa Holyoak
Objector
Michael Sandoval
Objector
Mike McKerley
Objector
Nicolas S. Martin
Objector
Suzanne Carpenter
Objector
Theodore H. Frank
Plaintiff
3 Girls Enterprises, Inc.
Plaintiff
Alex Zalkin
Plaintiff
Allan Eller
Plaintiff
Allen Ray Klein
Plaintiff
American Fiber & Cabling, LLC
Plaintiff
Andy Coon
Plaintiff
Barbara Cumbo
Plaintiff
BCME, Inc.
Plaintiff
Ben Dozier
Plaintiff
Betty A. Delgado
Plaintiff
Bob Soetaert Trucking, LLC
Plaintiff
Bobby Roberson
Plaintiff
Brent Crawford
Plaintiff
Brent Donaldson
Plaintiff
Carl Davis
Plaintiff
Carl Rittenhouse
Plaintiff
Cecil R. Wilkins
Plaintiff
Charles Cockrell Jr.
Plaintiff
Charles D. Jones
Plaintiff
Charles Parrish
Plaintiff
Christopher Payne
Plaintiff
Chuck Hays
Plaintiff
Clinton J. Davis
Plaintiff
Craig Massey
Plaintiff
Craig Posen
Plaintiff
Crystal Campbell
Plaintiff
Cynthia J. Cary
Plaintiff
David Deloy Bisel
Plaintiff
David Kopf
Plaintiff
Dawn Lalor
Plaintiff
Debra Berg
Plaintiff
Dennis Flaherty
Plaintiff
Dennis K. Mann
Plaintiff
Dennis Sapp
Plaintiff
Diana Mason
Plaintiff
Diane Foster
Plaintiff
Diane Terrell Porter
Plaintiff
Ditzfeld Transfer, Inc.
Plaintiff
Dixcee Millsap
Plaintiff
Don Hall
Plaintiff
Donald Allen
Plaintiff
Drew Stevens
Plaintiff
Edgar Paz
Plaintiff
Elizabeth Murphy
Plaintiff
Ellison and Sons Trucking Co. LLC
Plaintiff
Evy Young
Plaintiff
Frank Owen
Plaintiff
Frankie Mitchell
Plaintiff
Fred Aguirre
Plaintiff
Gary Kohut
Plaintiff
Gerald Panto Jr.
Plaintiff
Glenn Terry
Plaintiff
Grover Jones
Plaintiff
Hadley Bower
Plaintiff
Haley Hartnett
Plaintiff
Heartland Landscape Group LLC
Plaintiff
Heather Locket
Plaintiff
Heather Rutherford
Plaintiff
Herb Glaser
Plaintiff
In Re Motor Fuel Temperature Sales Practices Litigation
Plaintiff
J. E. Smith III
Plaintiff
J.C. Wash
Plaintiff
Jacob Steed
Plaintiff
James Anliker
Plaintiff
James Graham
Plaintiff
James Jarvais
Plaintiff
James Shields
Plaintiff
James Vanderbilt
Plaintiff
Jan Rutherford
Plaintiff
Jason B. Sullivan
Plaintiff
Jaysen Deramus
Plaintiff
Jean W. Neese
Plaintiff
Jeff Jenkins
Plaintiff
Jeri T. Tschinderle
Plaintiff
Jim Mellon
Plaintiff
Jim Wolfe
Plaintiff
Jim's Truckings, Inc.
Plaintiff
Joann Korleski
Plaintiff
Joe E. Thomas
Plaintiff
John Monteleone
Plaintiff
John Taylor
Plaintiff
John Telles
Plaintiff
Jonathan Charles Conlin
Plaintiff
Joseph L. Tucker
Plaintiff
K & J Trucking, Inc.
Plaintiff
Karl H. Tschinderle
Plaintiff
Kathryn Cheek
Plaintiff
Keen Exploration, LLC
Plaintiff
Kelly Dutton
Plaintiff
Kennedy G. Kraatz
Plaintiff
Kenneth Becker
Plaintiff
Kim Wagner
Plaintiff
Kristy Deann Mott
Plaintiff
Larry O. Bower
Plaintiff
Lee Coates
Plaintiff
Lesley Duke
Plaintiff
Lewis Birckhead
Plaintiff
Linda A. Williams
Plaintiff
Lisa Ann Lee
Plaintiff
Lisa McBride
Plaintiff
Louis Cumbo
Plaintiff
Luanna Tschinderle
Plaintiff
Mara Redstone
Plaintiff
Mark Haben
Plaintiff
Mark Rushing
Plaintiff
Mark Scrivner
Plaintiff
Mark Wyatt
Plaintiff
Marlene Thomas
Plaintiff
Marvin Bryan
Plaintiff
Mathew Cook
Plaintiff
Max Candiotty
Plaintiff
Max John Johnson
Plaintiff
Max Paul Peterson
Plaintiff
Melissa D. Murray
Plaintiff
Melissa J. Couch
Plaintiff
Michael A. Warner
Plaintiff
Michael Gauthreaux
Plaintiff
Myrna Huerta
Plaintiff
Nathan Butler
Plaintiff
Patrick Exterminating, Inc.
Plaintiff
Paul Y. Chun
Plaintiff
Phillip Cheek
Plaintiff
Phyllis Lerner
Plaintiff
Priscilla Craft
Plaintiff
Quint Kat Trucking, Inc.
Plaintiff
Raphael Sagalyn
Plaintiff
Richard Galauski
Plaintiff
Robert Cozza
Plaintiff
Robert G. Locklier
Plaintiff
Robert Hicks
Plaintiff
Robert Miller
Plaintiff
Robert Rollings
Plaintiff
Robert Soetaert
Plaintiff
Rollie Berry
Plaintiff
Ronald Bartley
Plaintiff
Ronna Posen
Plaintiff
Roy Edson
Plaintiff
Roy-Car, M.T.S., INC.
Plaintiff
Ruby Fowler
Plaintiff
Rushing Enterprises, Inc.
Plaintiff
S. Garrett Cook Jr.
Plaintiff
Sam Hotchkiss
Plaintiff
Samantha Baylard
Plaintiff
Samuel Ely
Plaintiff
Sara Terry
Plaintiff
Scott Berg
Plaintiff
Scott Campbell
Plaintiff
Shawn Trader
Plaintiff
Shawna Davis
Plaintiff
Sherry Dosch
Plaintiff
Shirley Rinehart
Plaintiff
Shonna S. Butler
Plaintiff
Snake City Enterprises, LTD.
Plaintiff
Steven R. Rutherford
Plaintiff
Steven Rubin
Plaintiff
Sue Harris
Plaintiff
Tamara Miller
Plaintiff
Team Trucking
Plaintiff
TEMCO, Inc.
Plaintiff
Tia Gomez
Plaintiff
Tony Snable
Plaintiff
Universal Transporation & Logistics, LLC
Plaintiff
Victor Ruybalid
Plaintiff
Victor VanDyne
Plaintiff
Viking Marine Enterprise, Inc.
Plaintiff
W. E. Hicks
Plaintiff
Wayne Byram
Plaintiff
William Barker
Plaintiff
William Boyd
Plaintiff
William Rutherford
Plaintiff
William Younger
Plaintiff
Wonderland Miracle Carnival Company, Inc.
Plaintiff
Woojin Kim
Plaintiff
Zachary Wilson
Third Party Defendant
Motiva Enterprises LLC

GPO Aug 29 2007
ORDER. The Court intends to appoint lead counsel and liaison counsel for plaintiffs. Applications for these positions shall be filed by 9/4/07. Signed by Judge Kathryn H. Vratil on 8/29/07.(ls)
GPO Aug 30 2007
ORDER. The law firm of Blackwell Sanders, LLP, and Martin M. Loring, a partner in that firm, is appointed Liaison Counsel for defendants. SEE ORDER FOR DETAILS. Signed by Judge Kathryn H. Vratil on 8/30/07.(ls)
GPO Feb 21 2008
Judge Kathryn H. Vratil on 2/21/08. (ls) MEMORANDUM AND ORDER overruling 196 Joint Motion to Dismiss. Pursuant to the Court's Scheduling Order No. 1 134, on or before March 3, 2008, the parties shall meet and confer pursuant to Rule 26(f), Fed. R. Civ. P., and submit their discovery and case management planning report via e-mail to Magistrate Judge James P. OHara. The stay on formal discovery is hereby lifted, effective immediately after the parties conduct their Rule 26(f)meeting. Signed by Chief
GPO Feb 21 2008
MEMORANDUM AND ORDER NUNC PRO TUNC - Memorandum And Order 283 contained a typographical ommission on page 16. This Nunc Pro Tunc Order includes corrected page 16. Signed by Chief Judge Kathryn H. Vratil on 2/21/08.(ls)
GPO Jan 29 2009
ORDER striking 533 CITGO's Motion to Dismiss for Lack of Jurisdiction; overruling 586 CITGO's Motion for Sanctions; overruling [614 and 617] Plaintiffs' Motion for Leave to File Supplemental Memorandum; overruling 653 CITGO's Motion for Leave to File Additional Exhibit. Signed by Chief Judge Kathryn H. Vratil on 1/29/09. (ag)
GPO Apr 03 2009
ORDER granting, except as stated therein, 665 Motion to Compel. Signed by Magistrate Judge James P. O'Hara on 4/3/2009. (ah)
GPO Apr 03 2009
ORDER granting in part and denying in part 678 Motion for Protective Order. Signed by Magistrate Judge James P. O'Hara on 4/3/2009. (ah)
GPO May 01 2009
ORDER granting in part and denying in part 683 Motion for leave to correct defendant misnomers, substitute real parties in interest, intervene additional class representatives, and file amended complaints that conform to the second consolidated amended complaint. Signed by Magistrate Judge James P. O'Hara on 5/1/2009. (ah)
GPO May 28 2009
ORDER granting in part and denying in part 668 Motion to Compel; granting in part and denying in part 738 Motion to Compel; granting 999 Motion to Quash. Signed by Magistrate Judge James P. O'Hara on 5/28/2009. (ah)
GPO Jun 15 2009
ORDER denying 1192 Motion for Reconsideration; denying as moot 1194 Motion to Stay Order. Signed by Magistrate Judge James P. O'Hara on 6/15/2009. (ah)
GPO Aug 13 2009
ORDER sustaining in part 1015 Plaintiffs' Motion to Conditionally Certify Settlement Class, etc.; overruling 1040 Non-Settling Defendants' Motion To Coordinate Class Certification Proceedings. The Court preliminarily certifies the proposed settlement class, subject to plaintiffs demonstrating at the final approval hearing under a strict burden of proof that the requirements of Rule 23(a) and (b)(3) are clearly satisfied. The Court preliminarily approves the proposed settlement. On or before August 27, 2009, the settling parties may submit a revised notice which complies with Rule 23(c)(2)(B) and (e)(3). The Court preliminarily schedules the final approval hearing for April 1, 2010 at 9:30 a.m. The Court appoints Robert A. Horn and Thomas V. Girardi as lead counsel and Thomas V. Bender as liaison counsel for the settlement class. The Court reserves the right to coordinate certification issues in the Costco settlement with proceedings for class certification in the larger MDL litigation but will not order that they must proceed together. See Memorandum And Order for further details. Signed by Chief Judge Kathryn H. Vratil on 8/13/09. (ag)
GPO Sep 01 2009
ORDER overruling 1060 Objection to Magistrate Judge Order of May 1, 2009. Signed by Chief Judge Kathryn H. Vratil on 9/1/09. (ag)
GPO Sep 11 2009
ORDER regarding 1009 Motion to Substitute Party. Signed by Magistrate Judge James P. O'Hara on 9/11/2009. (ah)
GPO Sep 21 2009
ORDER granting in part and denying in part 1041 Motion to Compel; granting 1073 Motion to Compel. Signed by Magistrate Judge James P. O'Hara on 9/21/2009. (ah)
GPO Sep 24 2009
ORDER granting 1068 Motion to Substitute Party. New plaintiffs shall file the proposed amended complaint forthwith. Signed by Magistrate Judge James P. O'Hara on 9/24/2009. (ah)
GPO Dec 15 2009
ORDER granting [1474, 1478, 1487, 1489, 1492, 1495, 1504, 1505, 1509, 1510] motions for leave to file under seal. Signed by Magistrate Judge James P. O'Hara on 12/15/2009. (ah)
GPO Dec 16 2009
ORDER granting 1390 Motion to Compel; denying as moot 1415 Motion for Protective Order. Signed by Magistrate Judge James P. O'Hara on 12/16/2009. (ah)
GPO Mar 04 2010
MEMORANDUM AND ORDER sustaining 1195 Plaintiffs' Motion to Review and Set Aside Magistrate Judge Order 1080 and overruling 1195 Defendants' Motion to Set Aside Magistrate Judge Orders 1080 and 1196. The Court reverses that portion of Judge O'Hara's order of May 28, 2009 [Doc. #1080] which found that the First Amendment protects against disclosure of internal trade association legislative and lobbying activities regarding ATC for retail motor fuel. Signed by Chief Judge Kathryn H. Vratil on 3/4/10. (ag)
GPO Mar 26 2010
MEMORANDUM AND ORDER Overruling 1590 Motion for Reconsideration and Overruling as moot 1592 Motion to Stay Discovery. Signed by Chief Judge Kathryn H. Vratil on 3/26/10. (ag)
GPO Apr 02 2010
ORDER REGARDING DISCOVERY. Signed by Magistrate Judge James P. O'Hara on 4/2/2010.(ah)
GPO May 28 2010
MEMORANDUM AND ORDER sustaining in part 1106 Plaintiffs' Motion to Certify Class in Kansas cases; overruling without prejudice 1308 Defendants' Motion to Exclude Testimony of Andrew Safir; and overruling as moot 1575 Defendants' Motion for Leave to File Sur-Reply. The Court certifies a Rule 23(b)(2) class as to the liability and injunctive aspects of certain claims in Wilson v. Ampride, Inc., Case No. 06-2582 and American Fiber & Cabling, LLC v. BP West Coast Products, LLC, Case No. 07-2053. See order for further details. Signed by Chief Judge Kathryn H. Vratil on 5/28/10. (ag) Modified on 6/1/2010 (ck).
GPO Aug 13 2010
MEMORANDUM AND ORDER overruling 1620 Plaintiffs' Motion for Final Approval of Class Action Settlement with Costco; overruling 1634 Plaintiffs' Motion for Order Striking Supplemental Suggestions; sustaining 1644 McKerley Objectors' Motion for Leave to File Supplemental Suggestions; overruling 1665 Alkon Objectors' Motion to Strike Safir Declaration. Signed by Chief Judge Kathryn H. Vratil on 8/13/10. (ag)
GPO Aug 27 2010
MEMORANDUM AND ORDER overruling 1564 Motion for Certificate of Appealability. Signed by Chief Judge Kathryn H. Vratil on 8/27/10. (ag)
GPO Sep 16 2010
ORDER granting 1700 Motion to Stay Deadlines ; denying 1701 Motion for Contempt. Signed by Magistrate Judge James P. O'Hara on 9/16/2010. (kg)
GPO Oct 21 2010
MEMORANDUM AND ORDER overruling 1697 Motion for Reconsideration re 1694 Order on Motion to Compel. On or before October 26, 2010, OOIDA shall produce the documents at issue to Judge OHara for in camera review. Signed by Chief Judge Kathryn H. Vratil on 10/21/10. (ag)
GPO Nov 03 2010
MEMORANDUM AND ORDER overruling 1393 Motion for Review. Signed by Chief Judge Kathryn H. Vratil on 11/3/10. (ag)
GPO Apr 05 2011
bers in compliance with Rule 23(e). The proposed order should provide a reasonable opt out and objection period and leave a blank space for the Court to insert a date for a fairness hearing. Signed by Chief Judge Kathryn H. Vratil on 4/5/2011. (ag)ORDER re 1769 Renewed Motion for Final Approval of Class Action Settlement with Defendant Costco Wholesale Corporation. On or before April 22, 2010, plaintiffs may submit a proposed order which directs notice of the new settlement to all class mem
GPO Jun 08 2011
MEMORANDUM AND ORDER overruling 1867 Motion for Order Finding Rule 23(e) Notice Requirement Satisfied. On or before June 22, 2011, plaintiffs and Costco may submit a proposed notice of the amended settlement agreement to individual class members pursuant to the requirements of Rule 23(c)(2)(B) and (e). Signed by Chief Judge Kathryn H. Vratil on 6/8/2011. (ag)
GPO Sep 22 2011
MEMORANDUM AND ORDER sustaining 1769 Motion to Conditionally Certify Class and sustaining 1769 Motion for Preliminary Approval of Amended Settlement; overruling 1978 Motion for Order Finding Rule 23(e) Notice Requirement Satisfied. On or before October 6, 2011, the settling parties may submit a revised notice which complies with the requirements of Rule 23(c)(2)(B) and (e). In addition, the parties should inform the Court of the earliest date on which it may hold a final approval hearing. Signed by Chief Judge Kathryn H. Vratil on 9/22/2011. (ag)
GPO Nov 04 2011
MEMORANDUM AND ORDER overruling 1801 Motion to Intervene by James Phillips and Michael Sandoval. Signed by Chief Judge Kathryn H. Vratil on 11/4/2011. (ag)
GPO Nov 10 2011
MEMORANDUM AND ORDER overruling 2003 Motion to Strike plaintiff's expert ; overruling 2064 Motion for Leave to File surreply. Signed by Chief Judge Kathryn H. Vratil on 11/10/2011. (mm)
GPO Nov 10 2011
MEMORANDUM AND ORDER that on or before November 21, 2011, the parties submit a joint notice plan that complies with Rule 23(c)(2)(B), Fed. R. Civ. P., and that plaintiffs bear all costs related to providing the notice. Signed by Chief Judge Kathryn H. Vratil on 11/10/2011. (mm) Modified on 11/14/2011 - WO(lak).
GPO Jan 19 2012
MEMORANDUM AND ORDER sustaining in part 2697 Motion to Exclude Any Testimony of Kurt V. Krueger Concerning Purported Economic Injury. The Court hereby limits the testimony of Kurt V. Krueger, Ph.D. to the content of his two expert reports, Report Of Kurt V. Krueger, Ph.D. July 11, 2011,Ex. B, Doc. 2703 filed November 1, 2011, and Report Of Kurt V. Krueger, Ph.D. October 4, 2011, Ex. C, Doc. 2703. Signed by Chief Judge Kathryn H. Vratil on 1/19/2012. (ck)
GPO Jan 19 2012
MEMORANDUM AND ORDER sustaining in part 2630 Motion to Exclude Robert Reynolds' opinion regarding the fairness of using temperature correction at retail and overrules the motion as to his opinion regarding the transparency of using temperature correction at retail. Signed by Chief Judge Kathryn H. Vratil on 1/19/2012. (C. Kuhl, )
GPO Jan 19 2012
MEMORANDUM AND ORDER. IT IS THEREFORE ORDERED that Defendants' Motion To Decertify The Kansas Classes 3039 filed November 12, 2011, which the Court construes as a motion to reconsider its class certification order 1675 filed May 28, 2010, be and hereby is OVERRULED. IT IS FURTHER ORDERED that Plaintiffs' Response In Opposition To Defendants' Motion To Decertify Class 3133 filed December 21, 2011, which the Court construes as a motion to redefine the classes and a motion for class certification under Rules 23(b)(3) and (c)(4), be and hereby is SUSTAINED. IT IS FURTHER ORDERED that on or before January 24, 2012, the parties shall submit joint proposed notice forms that comply with Rule 23(c)(2)(B). IT IS FURTHER ORDERED that on or before January 27, 2012, plaintiffs shall file their designations of expert testimony and that on or before February 2, 2012, defendants shall file their designations of expert testimony. Any Daubert hearing (if necessary) is now rescheduled for March 1, 2012 at 9:00 a.m. Signed by Chief Judge Kathryn H. Vratil Modified on 1/20/2012 (ck).
GPO Feb 06 2012
MEMORANDUM AND ORDER sustaining in part 2643 Motion to Exclude Portions of Expert Report and Testimony of Richard Suiter. Signed by Chief Judge Kathryn H. Vratil on 2/6/2012. (ag)
GPO Feb 28 2012
MEMORANDUM AND ORDER overruling 2634 Motion to Exclude Expert Testimony and Report of Constantine Cotsoradis. Signed by Chief Judge Kathryn H. Vratil on 2/28/2012. (ag)
GPO Mar 22 2012
MEMORANDUM AND ORDER sustaining 2711 Motion for Partial Summary Judgment on Conspiracy Claims. The Court grants summary judgment on plaintiffs' civil conspiracy claims in favor of BP Products North America Inc., Circle K Stores, Inc., ConocoPhillips Company, Flying J, Inc., Kum & Go, L.C., QuikTrip Corp. and Equilon Enterprises LLC d/b/a Shell Oil Products. Signed by Chief Judge Kathryn H. Vratil on 3/22/2012. (ag)
GPO Apr 02 2012
MEMORANDUM AND ORDER (Kansas Cases) denying 2705 Motion for Summary Judgment On Plaintiffs KCPA And Unjust Enrichment Claims. Signed by Chief Judge Kathryn H. Vratil on 4/2/2012. (C. Kuhl )
GPO Apr 24 2012
MEMORANDUM AND ORDER sustaining 3806 and 3810 Motion for Final Approval of Class Action Settlement with Costco Wholesale Corporation. The Court approves the proposed amended settlement with Costco. Signed by Chief Judge Kathryn H. Vratil on 4/24/2012. (ag)
GPO Apr 27 2012
MEMORANDUM AND ORDER overruling 2398 Defendant Kum & Go. L.C.'s Partial Motion to Dismiss or, in the alternative, Motion for Summary Judgment on Plaintiffs' CLaim for Injunctive Relief. Signed by Chief Judge Kathryn H. Vratil on 4/27/2012. (ck)
GPO Apr 30 2012
MEMORANDUM AND ORDER (relating to 06-2582 Wilson v. Ampride) sustaining in part 3200 Motion to Strike. The Court sustains the motion for leave to file a surreply, considers plaintiffs proposed surreply as though filed and directs plaintiff to file the surreply. The Court sustains 2418 Circle K's Motion for Summary Judgment. Signed by Chief Judge Kathryn H. Vratil on 4/30/2012. (C. Kuhl, )
GPO May 14 2012
MEMORANDUM AND ORDER sustaining in part 2732 Motion for Summary Judgment on the grounds that plaintiffs lack standing (relates to Wilson and American Fiber). Signed by Chief Judge Kathryn H. Vratil on 5/14/2012. (ck)
GPO May 30 2012
MEMORANDUM AND ORDER overruling 4306 Motion to Remand; overruling as moot 4316 Motion for Extension of Time to File Response/Reply. Signed by Chief Judge Kathryn H. Vratil on 5/30/12. (mm)
GPO Jun 27 2012
MEMORANDUM AND ORDER overruling 4252 Motion in Limine; overruling 4317 Motion for Leave to File reply briefs in support of motins in limine. Signed by Chief Judge Kathryn H. Vratil on 6/27/2012. (mm)
GPO Jun 27 2012
MEMORANDUM AND ORDER overruling 4251 Motion in Limine. Signed by Chief Judge Kathryn H. Vratil on 6/27/2012. (mm)
GPO Jun 28 2012
MEMORANDUM AND ORDER Sustaining in part re 4255 Motion in Limine. The Court sustains Omnibus § II.A. in part; overrules Omnibus § II.B. through II.D.; sustains Omnibus § II.E. in part; overrules Omnibus § II.F. through II.H.; sustains Omnibus § II.I. with respect to the House staff report; overrules Omnibus § II.J. through II.P.; and sustains Omnibus § II.Q. in part. Defendants' Motion For Leave To File Reply Briefs In Support Of 4317 Motions In Limine filed May 29, 2012, be and hereby is OVERRULED with respect to defendants' omnibus motion in limine. Signed by Chief Judge Kathryn H. Vratil on 6/28/2012. (ck)
GPO Jul 18 2012
MEMORANDUM AND ORDER overruling 4254 Motion in Limine to Exclude Evidence Regarding Use of Automatic Temperature Compensation in Canada or other Countries. Defendants' 4317 Motion For Leave To File Reply Briefs In Support Of Motions In Limine is overruled with respect to their Motion to Exclude Evidence that 7-Eleven Canada uses ATC at Retail. Signed by Chief Judge Kathryn H. Vratil on 7/18/2012. (ck)
GPO Jul 26 2012
MEMORANDUM AND ORDER overruling 4330 Motion for Order Directing Entry of a Final Judgment on the 4/24/2012 Ordger Granting Final Approval of the Costco Settlement. Signed by Chief Judge Kathryn H. Vratil on 7/26/2012. (ck)
GPO Aug 15 2012
MEMORANDUM AND ORDER overruling 4243 Motion for Reconsideration. Signed by Chief Judge Kathryn H. Vratil on 8/15/2012. (ck)
GPO Aug 22 2012
MEMORANDUM AND ORDER sustaining in part 4256 Plaintiffs' Motion in Limine. The Court excludes evidence regarding (1) whether certain conduct is "legal," "authorized," "deceptive," "unconscionable," "misleading" or "unfair;" and (2) model rules and regulations which Kansas has not adopted. In addition, Brent may not testify as an expert witness. Signed by Chief Judge Kathryn H. Vratil on 8/22/2012. (ag)
GPO Aug 23 2012
MEMORANDUM AND ORDER overruling 4253 Defendants' Motion in Limine To Preclude Evidence Under First Amendment; overruling 4317 Defendants' Motion for Leave to File Reply Briefs. Signed by Chief Judge Kathryn H. Vratil on 8/23/2012. (ag)
GPO Sep 28 2012
MEMORANDUM AND ORDER sustaining in part and denying in part 4328 Unopposed Motion Of Plaintiffs For Order Conditionally Certifying Settlement Classes, Preliminarily Approving Class Action Settlements, Directing And Approving Distribution Of Class Notice, Setting Hearing For Final Approval Of Class Action Settlements And Appointing Class Counsel. On or before October 12, 2012, the parties shall submit a proposed notice plan. On or before October 5, 2012, the parties shall notify the Court whether they agree to modify the reporting requirements to require the settling defendants to file regular compliance reports with the Court. Plaintiffs' claims against BP Products North America Inc., ConocoPhillips Company, Sam's West, Inc., Equilon Enterprises LLC d/b/a Shell Oil Products US and Valero Marketing and Supply Company in the Kansas cases, i.e. Wilson v. Ampride, Inc., 06-2582-KHV and American Fiber & Cabling, LLC v. PB Prods. N. Am., Inc., 07- 2053-KHV, are hereby set for jury trial on January 7, 2013 at 8:00 a.m. in Courtroom 476. The pretrial filing deadlines set for the in Amended Pretrial Order (Doc. #3809) shall apply except that motions in limine are due November 5, 2012. Signed by Chief Judge Kathryn H. Vratil on 9/28/2012. (ck)
GPO Oct 03 2012
MEMORANDUM AND ORDER re 4420 Jury Trial and Bench Trial - The defendants' act or practice of selling motor fuel by the gallon without disclosing temperature, disclosing the effect of temperature or adjusting for temperature was not unconscionable as defined by K.S.A. § 50-627. Signed by Chief Judge Kathryn H. Vratil on 10/3/2012. Signed by Chief Judge Kathryn H. Vratil on 10/3/2012. Modified on 10/9/2012. (WO) (lak)
GPO Nov 20 2012
MEMORANDUM AND ORDER sustaining in part 4447 Motion to Certify Class and Preliminarily Approve Various Settlements; overruling 4456 Motion to Certify Class and Preliminarily Approve Settlement With Valero. The Court conditionally certifies settlement classes and preliminarily approves the proposed amended settlements with BP, CITGO, ConocoPhillips, Shell, Sinclair, Casey's and Sam's. If ExxonMobil and Valero seek to amend their settlements and join in consolidated notice proceedings with the other settlements, they must file a renewed motion for preliminary approval on or before December 3, 2012. Signed by Chief Judge Kathryn H. Vratil on 11/20/2012. (ag)
GPO Dec 10 2012
MEMORANDUM AND ORDER sustaining 4472 Motion to Certify Classes. The Court conditionally certifies settlement classes and preliminarily approves the proposed amended settlements with ExxonMobil and Valero. On or before December 17, 2012, plaintiffs shall file proposed notice plans for all settlements which the Court has preliminarily approved (Dansk, BP, CITGO, ConocoPhillips, Shell, Sinclair, Casey's, Sam's, ExxonMobil and Valero). Signed by Chief Judge Kathryn H. Vratil on 12/10/2012. (ag)
GPO Jan 10 2013
ORDER re 4483 MOTION for Order Approving Proposed Notice Plan for Pending Class Settlements. On or before January 24, 2013, plaintiffs may (1) submit additional evidence, (2) request an evidentiary hearing or (3) submit a revised proposed notice plan. Signed by Chief Judge Kathryn H. Vratil on 1/10/2013. (ag)
GPO Mar 19 2013
OPINION by Chief Judge Alex Kozinski of the Ninth Circuit Court of Appeals, denying the request for a Certificate of Necessity regarding California Cases Lerner, Rushing, and Wyatt. (mg)
GPO Apr 05 2013
MEMORANDUM AND ORDER sustaining in part as described 1088 Motion to Certify Class; sustaining in part as described 1089 Motion to Certify Class; sustaining in part as described 1131 Motion to Certify Class. Signed by Chief Judge Kathryn H. Vratil on 4/5/2013. (mm)
GPO May 06 2013
MEMORANDUM AND ORDER that on or before May 8, 2013, the parties shall submit final proposed pretrial orders that conform to each other as described above. The pretrial orders should include all four claims for which the Court has certified a class and should be the same in all substantive respects. Signed by Chief Judge Kathryn H. Vratil on 5/6/2013. (mm)
GPO May 29 2013
MEMORANDUM AND ORDER Regarding 4549 Proposed Notice Plans For Class Action Settlements And California Trial Cases. The Court orders plaintiffs to file revised notices and supplemental evidence regarding the proposed notice plan on or before 06/12/2013. Any objections shall be filed no later than 06/17/2013. Signed by Chief Judge Kathryn H. Vratil on 5/29/2013. (mg)
GPO Jun 28 2013
MEMORANDUM AND ORDER overruling Defendants' 4526 Motion To Dismiss Complaint For Lack Of Subject Matter Jurisdiction Pursuant To 28 U.S.C. § 1332(d)(4)(B). Signed by Chief Judge Kathryn H. Vratil on 6/28/2013. (mg)
GPO Jul 19 2013
MEMORANDUM AND ORDER Regarding plaintiffs' 4591 Notice Of Submission Of Revised Notice Plans For Class Action Settlements And California Trial Cases. The Court finds that the proposed notice plan does not meet the requirements of Rule 23. On or before 07/26/2013, plaintiffs may file supplemental information, as outlined in this Memorandum and Order. Signed by Chief Judge Kathryn H. Vratil on 7/19/2013. (mg)
GPO Jul 19 2013
int Notice Of Motion For Summary Judgment On Plaintiffs' Unfair Competition Law And Unjust Enrichment Claims (Wyatt). FURTHER, overruling as moot as to Chevron, 2289 Defendants' Joint Notice Of Motion For Partial Summary Judgment DismissiMEMORANDUM AND ORDER sustaining, as to Chevron, 2584 Defendants' Joint Notice Of Motion For Summary Judgment On Plaintiffs' California Unfair Competition Law, Consumer Legal Remedies Act, Florida Deceptive Trade Practices Act And Breach Of Contract (Rushing), 2302 Defendants' Joint Notice Of Motion For Partial Summary Judgment On Plaintiffs' Duty Of Good Faith And Fair Dealing, Unfair Competition Law And Unjust Enrichment Claims (Lerner), and 2298 Defendants' Jong Plaintiffs' Request For Injunctive Relief, 2292 Refiner Defendants' Joint Notice Of Motion For Partial Summary Judgment, 2305 Defendants' Joint Notice Of Motion For Partial Summary Judgment On Plaintiffs' Civil Conspiracy Claims, 2310 Defendant Chevron U.S.A. Inc.'s Notice Of Motion For Partial Summary Judgment, 2593 Defendants' Motion For Partial Summary Judgment Dismissing Plaintiffs' Requests For Injunctive Relief, and 2602 Refiner Defendants Joint Notice Of Motion For Partial Summary Judgment. Signed by Chief Judge Kathryn H. Vratil on 7/19/2013. (mg)
GPO Aug 14 2013
MEMORANDUM AND ORDER: Defendants' 2584 Joint Notice Of Motion For Summary Judgment On Plaintiffs' California Unfair Competition Law, Consumer Legal Remedies Act, Florida Deceptive Trade Practices Act And Breach Of Contract (Rushing), Defendants' 2302 Joint Notice Of Motion For Partial Summary Judgment On Plaintiffs' Duty Of Good Faith And Fair Dealing, Unfair Competition Law And Unjust Enrichment Claims (Lerner), and Defendants' 2298 Joint Notice Of Motion For Summary Judgment On Plaintiffs' Unfair Competition Law And Unjust Enrichment Claims (Wyatt) be and hereby are SUSTAINED as to Circle K Stores, Inc., Flying J, Inc., Petro Stopping Centers, L.P., Pilot Travel Centers LLC, TravelCenters of America LLC, G&M Oil Company, Inc., G&M Oil Co., LLC, World Oil Corp., United El Segundo, Inc. and 7-Eleven, Inc. IT IS FURTHER ORDERED that Certain Defendants' 2788 Motion For Summary Judgment Based On Lack Of Subject Matter Jurisdiction, Preemption And Related Doctrines,which Circle K Stores, Inc., Flying J Inc., Pilot Travel Centers, LLC and 7-Eleven, Inc. (Rushing), and Certain Defendants' 2820 Motion For Summary Judgment Based On Lack Of Subject Matter Jurisdiction, Preemption And Related Doctrines, which 7-Eleven, Inc. and Circle K Stores, Inc. (Wyatt) be and hereby are OVERRULED in part with respect to defendants' arguments that plaintiffs' claims are not justiciable under the political question doctrine. IT IS FURTHER ORDERED that with regard to the California claims against the nonsettling defendants, the Court will not require plaintiffs to provide notice to the California classes. Signed by Chief Judge Kathryn H. Vratil on 8/14/2013. (mg)
GPO Sep 06 2013
MEMORANDUM AND ORDER - In light of the summary judgment rulings, the Court overrules as moot the following motions: 2603 Defendant Tesoro Refining And Marketing Company's Motion To Dismiss Based On Lack Of Standing; 2683 Defendant's Motion For Summary Judgment On The Grounds That Plaintiff Lacks Standing; 2820 Certain Defendant's Motion For Summary Judgment Based On Lack Of Subject Matter Jurisdiction, Preemption And Related Doctrines; 3478 Plaintiffs' Motion To Strike David Lazier's Declaration And To Exclude David Lazier As A Witness At Trial; and 4518 Defendants 7-Eleven, Inc., Circle K Stores, Inc., Flying J, Inc. And Pilot Travel Centers, LLC's Response To Order Dated March 5, 2013. Signed by Chief Judge Kathryn H. Vratil on 9/6/2013. (mg)
GPO Sep 20 2013
MEMORANDUM AND ORDER sustaining Plaintiffs' 4606 Notice Of Further Submissions Of Information In Support Of Motion For Approval Of Revised Settlement Notice Plan construed as a Motion for Approval of Plaintiffs' Revised Settlement Notice Plan. On or before 09/25/2013, plaintiffs shall file a proposed time line for completing the notice and objection period, as well as the earliest date on which the Court should schedule a final approval hearing. Further, Plaintiffs' 4593 Notice of Submissions Of Revised Notice Plans For Class Action Settlements And California Trial Classes, construed as a Motion for Approval of Plaintiffs' Revised Combined Notice Plan is overruled as moot. Signed by Chief Judge Kathryn H. Vratil on 9/20/2013. (mg)
GPO Oct 29 2013
ORDER TO SHOW CAUSE in Rushing Case, 07-2300-KHV. On or before November 8, 2013, plaintiff Lesley Duke to show cause in writing why (1) the Court should not dismiss his claims without prejudice for lack of subject matter jurisdiction under Section 1332(d)(2) and/or Section 1332(a); (2) why the Court should not sever his claims as to each defendant; and (3) why the Court should not separate his claims as to each different state law, based on considerations of venue and trial convenience. On or before November 15, 2013, defendants may reply to plaintiff's response to this show cause order. Signed by Chief Judge Kathryn H. Vratil on 10/29/2013. (ag)
GPO Oct 27 2014
MEMORANDUM AND ORDER sustaining in part 4724 Motion for Settlement. IT IS FURTHER ORDERED that the Court appoints Robert A. Horn, Thomas V. Girardi and George A. Zelcs as lead counsel and Thomas V. Bender as liaison counsel for the proposed settlement classes. Signed by District Judge Kathryn H. Vratil on 10/27/14. (mm)
GPO Jan 23 2015
MEMORANDUM AND ORDER overruling 4789 Oral MOTION by Costco Wholesale Corporation, under Section 4.7 of its amended settlement agreement with plaintiffs, for leave to adopt the more beneficial terms of the agreements reflected in the Stipulation Of Dismissal (Doc. # 4711 ) filed February 6, 2014, and to have the claims against it dismissed with prejudice. Signed by District Judge Kathryn H. Vratil on 1/23/15. (ag)
GPO Aug 21 2015
MEMORANDUM AND ORDER overruling Plaintiffs' 4837 Motion For Leave to File Under Seal a Certain Exhibit to Their Motion and Memorandum In Support Of Final Approval Of Class Action Settlements. Further, on or before August 28, 2015, plaintiffs shall file Exhibit 51 to Plaintiffs' 4834 Motion and Memorandum In Support Of Final Approval Of Class Action Settlements. Signed by District Judge Kathryn H. Vratil on 08/21/2015. (mg)
GPO Aug 21 2015
MEMORANDUM AND ORDER sustaining Plaintiffs' 4834 Motion and Memorandum in Support of Final Approval of Class Action Settlements. Further, the Court sets deadlines, including a Hearing set for 11/19/2015 at 09:30 AM in Courtroom 476 (KHV) before District Judge Kathryn H. Vratil regarding the 4827 Second Motion For Attorney's Fees and the 1820 Motion For Award of Attorneys' Fees, Expenses, and Class Representative Incentive Awards and Memorandum inSupport Thereof. Further sustaining in part 4848 Motion For Leave to File Surreply Regarding Plaintiffs' Supplemental Briefing on Motion For Approval of Attorneys' Fees and Enjoin Objectors From Settling Objections Without Court Approval. The Court grants the Frank Objectors leave to file their surreply. Signed by District Judge Kathryn H. Vratil on 08/21/2015. (Attachments: # (1) Exhibit A - Legal Notice Regarding Settlement) (mg)
GPO Aug 21 2015
MEMORANDUM AND ORDER overruling the letter from Lesley Duke which the Court construes as a pro se 4841 Motion for Miscellaneous Relief. Signed by District Judge Kathryn H. Vratil on 08/21/2015. Mailed to Lesley Duke by regular mail. (mg)
GPO Feb 17 2016
REPORT AND RECOMMENDATIONS re 1820 Plaintiffs' Motion for Award of Attorneys' Fees, Expenses, and Class Representative Incentive Awards and 4827 Plaintiffs' Second Motion for Award of Attorneys' Fees, Expenses, and Class Representative Incentive Awards. The undersigned Magistrate Judge recommends that Plaintiffs' Motion for Award of Attorneys' Fees, Expenses, and Class Representative Incentive Awards be GRANTED IN PART, and that Plaintiffs' Second Motion for Award of Attorneys' Fees, Expenses, and Class Representative Incentive Awards be GRANTED. See Report and Recommendations for details. Objections to R&R due by 3/2/2016. Signed by Magistrate Judge Teresa J. James on 2/17/2016. (ts)
GPO Aug 24 2016
MEMORANDUM AND ORDER: The Alcon and Frank Objectors' Objection to 4893 Report and Recommendation and Defendant Costco Wholesale Corporation's 4894Objections to Report and Recommendations of Magistrate on Plaintiffs' Motion For Award Of Attorneys' Fees, Expenses, and Class Representative Incentive Awards are OVERRULED. Plaintiffs' 4895 Partial Objection to Magistrate's February 17, 2016 Report And Recommendation is SUSTAINED. Further, with regard to the Refiner Settlements and non-Costco ATC Settlements, the Court adopts the 4892 magistrate judge Report and Recommendations. With regard to the Costco Settlement the Court awards reasonable attorneys' fees in the amount of $4,000,000, inclusive of attorneys' fees, litigation expenses and class representative incentive payments. The 1820 Motion For Award of Attorneys' Fees, Expenses, and Class Representative Incentive Awards and Memorandum in Support Thereof is SUSTAINED in part. Under the Costco settlement, the Court awards reasonable attorneys' fees in the amount of $4,000,000, inclusive of attorneys' fees, litigation expenses and incentive payments of $2,000 to each subclass representative listed in the 4248 Memorandum And Order [Granting Final Approval To Amended Costco Settlement]. Further, the 4827 Second Motion For Award Of Attorneys' Fees, Expenses, And Class Representative Incentive Awards and Memorandum in Support Thereof is SUSTAINED. Under the ATC Settlements, the Court awards reasonable attorneys' fees, including litigation costs and class representative incentive payments. Under the Refiner Settlements of $50,000 or more, the Court awards reasonable attorneys' fees, including litigation costs and class representative incentive payments. Signed by District Judge Kathryn H. Vratil on 8/24/2016. (mg)

1. Settlement Reached in So-Called ?Hot Fuel' Litigation (wric.com)
Submitted Tue 01/27/2015
Docket last updated: 05/07/2025 11:59 PM CDT
Tuesday, September 19, 2023
4951 4951 misc Affidavit Tue 09/19 8:38 AM
AFFIDAVIT of Declaration of Tristan L. Duncan With Regard to Circle K Corporation's Compliance Reporting Pursuant to Section 7.2 of the Amended Settlement Agreement by Circle K Corporation, The, Valero Marketing and Supply Company. (Duncan, Tristan)
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