Frequently Asked Questions

General Information

1. What is this lawsuit about?

This class action lawsuit seeks to recover money for the people and businesses whose natural gas service was interrupted on January 21, 2019 by the Incident. Judge John McConnell, Jr., of the U.S. District Court for the District of Rhode Island is overseeing this case. In the lawsuit, the Plaintiffs allege that the Defendants caused the Incident and, as a result, the Class suffered, damages. The Defendants deny legal responsibility for these damages.

The Settlement Benefits

2. What does the Settlement provide?

The Settlement creates a $1,946,712 Settlement Fund to make:

1. (1) Cash payments to Class Members; and
2. (2) Court-approved payments for Settlement administration, attorneys’ fees and expenses, and Class Representative Awards.

To be eligible for a monetary award from the Settlement, Class Members must submit a Claim Form. How much you get will be determined through a court-supervised claims process. Not all Class Members will receive the same amount.

3. What payments can I get from the Settlement?

After deductions for approved attorneys’ fees and costs, case Contribution Awards to Class Representatives, and Settlement Notice and Administration costs, the remaining funds will be distributed to Class Members by Court-approved lump sum payments.

To get a lump sum payment, you must submit a Claim Form, a proof of residence (gas bill, electric bill, etc.) and a copy of the square footage of the “above grade living area” from the City of Newport Assessors Data Base. Lump sum payments will not be reduced by any payment you already received from the Defendants. If, after everyone sends in Claim Forms, the compensation claims total more than $1,946,712 net of costs, the payment will be reduced.

4. Why are damages based on average daily rental value?

This class action lawsuit seeks to recover money for the people and businesses whose natural gas service was interrupted on January 21, 2019 by the Incident. Judge John McConnell, Jr., of the U.S. District Court for the District of Rhode Island is overseeing this case. In the lawsuit, the Plaintiffs allege that the Defendants caused the Incident and, as a result, the Class suffered, damages. The Defendants deny legal responsibility for these damages.

Furthermore, unlike most private entities, public utilities have special protections from negligence and contract liability under state law based on “tariffs” they negotiate with state regulatory agencies. At the same time, like most other civil litigants, utilities also avail themselves of defenses like the “economic loss doctrine,” which limits damages for negligence claims.

How to Receive a Payment

5. How can I receive a payment?

To qualify for payment, you must timely submit a Claim Form that includes:

Proof of residence/ownership and square footage of your residence or business on January 21, 2019. Select an option and attach a copy of one of the following that covers January 21, 2019 with this form (driver’s license is not sufficient proof of residence). Please see below for the types of documentation that will be required when you submit a Claim Form.

• Newport Assessor’s Data Base
• Gas Bill
• Electric Bill
• Other utility bill
• Other (such as lease agreement, credit card statements, bank account statements, etc.) (Must provide a description)

Read the instructions carefully. You can submit the completed Claim Form by mail to Newport Gas Settlement, P.O. Box 25226, Santa Ana, CA 92799 or online by clicking here, Submit a Claim. The completed Claim Form must be submitted by no later than May 3, 2024. If the Court approves the Settlement, checks should go out by a date to be determined. But there may be appeals. It’s always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Please be patient.

Objecting and Opt Out to the Settlement

6. How do I object to the Settlement?

Objections. Settlement Class Members shall have the right to appear and show cause if they have any reason why the terms of this Agreement should not be given Final Approval. Any objection must be in writing, filed with the Court, with a copy delivered to Settlement Class Counsel and Defense Counsel, to the addresses below, no later May 3, 2024. Settlement Class Members may object either on their own or through an attorney.

If a Settlement Class Member hires an attorney to represent him or her at the Fairness Hearing, he or she must do so at his or her own expense. No Settlement Class Member represented by an attorney shall be deemed to have objected to the Agreement unless an objection signed by the Settlement Class Member is filed with the Court and served upon Settlement Class Counsel and Defense Counsel, at the addresses below, no later than May 3, 2024.

Any objection regarding or related to the Agreement shall contain a caption or title that identifies it as an “Objection to Class Action Settlement” and identifies the Action that is the subject of the objection by name and civil action number. Said objection also shall contain information sufficient to identify and contact the objecting Settlement Class Member (or his or her attorney, if any), as well as a clear and concise statement of the Settlement Class Member’s objection, documents sufficient to establish the basis for his/her/their standing as a Settlement Class Member, the facts supporting the objection, and the legal grounds on which the objection is based. If an objecting party chooses to appear at the hearing, no later than ten (10) days before the Fairness Hearing, a notice of intention to appear, either in person or through an attorney, must be filed with the Court and list the name, address, and telephone number of the attorney, if any, who will appear.

Right to Respond to Objections. Settlement Class Counsel and Defense Counsel shall have the right to respond to any objection no later than five (5) days prior to the Fairness Hearing. The party so responding shall file a copy of the response with the Court and shall serve a copy, by regular mail, hand, or overnight delivery, to the objector (or counsel for the objector), and to either Defense Counsel or Settlement Class Counsel, as appropriate.

7. How do I opt-out of the Settlement?

Opt-Outs. Any Settlement Class Member who does not wish to participate in this Settlement must submit a Request for Exclusion to the Claims Administrator. The Request for Exclusion must be sent via first class United States mail to the Claims Administrator at:

and postmarked no later than May 3, 2024. The Request for Exclusion must be personally signed by the Settlement Class Member. So-called “mass” or “class” opt-outs shall not be allowed.

The Final Approval Hearing

8. When will the Court approve the Settlement?

The Court will hold a Fairness Hearing and Final Approval Hearing on July 17, 2024 at the U.S. District Court for the District of Rhode Island. At this hearing, the Court will consider whether the Settlement Agreement and proposed Settlement is a fair, reasonable and adequate resolution of the lawsuit. If there are timely and properly submitted objections, the Court will consider them and any response Plaintiffs and Defendants may have to those objections. The Court may listen to people who have asked to speak at the hearing. Unless you have objected to the Settlement and asked to speak at the hearing, it is not necessary for you to attend to receive a Settlement payment. At or after the hearing, the Court will decide whether to approve the Settlement. The Court will also decide how much Class Counsel and Named Plaintiffs will be paid from the Settlement Fund, and will make an award for approved litigation, notice and settlement administration costs. If the Court ultimately does not approve the Settlement, the Settlement Agreement is terminated, then the Settlement will become null and void. If the Settlement becomes null and void, the case will proceed as though the Settlement Agreement was never entered into.

Getting More Information

9. How do I obtain more information about the Settlement?

If you have any questions or want to review documents that have been filed in this case, you may visit the Important Documents page. All current dates and deadlines are available on the website, although dates may be subject to change with approval of the Court. You may also contact the Settlement Administrator by email at Do not contact Class Counsel or the Court to request any additional information.