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Bon, re earthquakes

Bon, I don't know if you are involved in this, but thought this might be useful information for you or anyone else with quake damage. I clipped it from this FB page.

OKLAHOMA LAW CLARIFICATION:

There has been clarification of the provision of Oklahoma law that provides that the loser in a property damages case has to pay the winner its fees and costs associated with the case. I no longer see that provision in Oklahoma law as much of a risk at all. The reason is that the law requires as a condition that the defendant must, within 10 days of receiving the lawsuit, to offer a judgment against it for a reasonable amount of damages to compensate the plaintiff. None of the defendants in our cases have met this legal condition; meaning, none of them have offered a judgment against them. Frankly, they know if they offered judgment that would be making a legal and judicial admission they do not want to make. So if you have decided not to sign up as a client due to this provision of Oklahoma law, please know that you don't need to let that hold you back. Please consider signing on if you have not done so already.

STATUS OF CASES:

As you all know, Pawnee and Cushing have been hit most recently with the most powerful earthquakes Oklahoma has ever experienced. Before Thanksgiving we filed a class action case in Pawnee to recover damages caused by the Labor Day weekend earthquake and all the man-made seismicity that followed. That case names Eagle Lake and Cummings as the defendants, and also provides for the future filing against another possible 25 other defendants should we learn more in the discovery process to bring in additional companies. The summons and complaint have been served, and we expect a response soon. Ten days have already passed, and those two defendants did not offer judgment against them -- so the loser pay provision under Oklahoma law is not at issue (as is true with all of the other lawsuits).

As you also know, Cushing was next hit and suffered a 5.0m earthquake on November 6th and continues to suffer seismicity from surrounding wastewater disposal operations. We have concluded our work with our scientist, have clients willing to serve as class representatives, and will be filing a class complaint in Cushing related to those recent events soon.

If you live in the Cushing area and want more information or to get involved, please email me and let me know. Of course, that is also true for everyone; regardless of where you live. There is strength in numbers and we want to help everyone.

After this work in Pawnee and Cushing, we will re-file our class action complaint in the Griggs lawsuit in Logan County. That action will cover all the seismicity in central Oklahoma and covers about four to five earthquake swarm areas in the center regions of the State. We plan on re-filing that case before Christmas.

So that is the status of the cases designed to recover damages to homes and businesses. We also have the federal lawsuit seeking injunctive relief in the form of creating moratorium areas or at least reducing volumes and pressures related to wastewater disposal. Presently, Judge Friot is considering defendants' motion to dismiss and we hope to have an answer to that soon.

You can read more about all of these cases on my website www.stopthequakes.com.

CONCLUSION:

Feel free to share the attached documents with friend or family members suffering from the man-made earthquakes. We need more support; there is power in numbers.

Thank you,
Scott Poynter

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