Gutierrez, Jr., et al. v. Amplify Energy Corporation, et al.,
Orange County Oil Spill Amplify Settlement
8:21-cv-01628-DOC(JDEx)

Welcome to the Orange County Oil Spill Settlement

Important Update: The Settlement received Final Approval from the Court on April 24, 2023. You may review the Order Granting Final Approval of Proposed Settlement here.
 
The Claim Form deadline for restaurant, retail store, surf school, and bait and tackle business Waterfront Tourism class members passed on June 9, 2023.

Settlement benefits began issuing to eligible Settlement Class Members December 15, 2023.

  • A Settlement has been reached in the class action called Gutierrez, et al. v. Amplify Energy Corp., et al., Case No. SA 21-CV-1628-DOC-JDE (C.D. Cal.) involving the October 2, 2021 oil spill off the coast of Orange County near Huntington Beach (the "Oil Spill").
     
  • Plaintiffs allege that Amplify Energy Corp., Beta Operating Company, LLC and San Pedro Bay Pipeline Company (collectively "Amplify" or "the Amplify Defendants") have responsibility for the Oil Spill that caused damage to commercial fishers and processors, coastal real property, and certain waterfront tourism businesses. Amplify denies those allegations and asserts that two container ships struck and damaged the pipeline leading to Oil Spill, and failed to alert Amplify of the incident. Both Plaintiffs and Amplify have also sued the ships.
     
  • This Settlement does not include Plaintiffs' claims against the two container ships involved in the Oil Spill. Those actions are titled In the Matter of the Complaint of Dordellas Finance Corp. Owner and MSC Mediterranean Shipping Company S.A., Owner pro hac vice, No. 2:22-cv-02153-DOC-JDE, or the "Limitation Action," which is also pending in the Central District of California before Judge Carter. The Fisher Class, Property Class, and Waterfront Tourism Class claims against the ships are separate from the Settlement with Amplify.
     
  • The Settlement paid $50 million to create settlement funds ($34 million of which was used for the Fisher Class Settlement Fund, $9 million of which was used for the Property Class Settlement Fund, and $7 million of which was used for the Waterfront Tourism Class Settlement Fund). The Settlement received Final Approval from the Court on April 24, 2023 and Settlement benefits began issuing to eligible Settlement Class Members in December 2023 based on an allocation plan approved by the Court. Individual payments cannot be estimated at this time. If you received a notice for Fisher Class Members or Property Class Members in the mail, you do not have to do anything in order to received payment -- if the Court grants final approval to the Settlement, a check will be mailed to you. If you received a notice for Waterfront Tourism Class Members in the mail, it indicated whether you do not have to do anything in order to receive payment (i.e., a check will be mailed to you if the Court grants final approval of the Settlement), or you need to file a claim to receive payment. In addition to the monetary benefits of the Settlement, the Settlement provides that Amplify will also take steps to help prevent future oil spills.

Fisher Class Settlement

  • You are a Fisher Class Member if you are (1) a person or business who owned or worked on a commercial fishers and vessel docked in Newport Harbor or Dana Point Harbor as of October 2, 2021, and/or who landed seafood within the California Department of Fish & Wildlife fishing blocks 718-720, 737-741, 756-761, 801-806, and 821-827 between October 2, 2016 and October 2, 2021, and were in operation as of October 2, 2021; or (2) a person or business who purchased and resold commercial seafood so landed, at the retail or wholesale level, that were in operation as of October 2, 2021.
     
  • Checks were issued to the Processor, Vessel, or Fisher that corresponds to the CDFW license. To the extent that any Processor, Vessel, or Fisher has side agreements with other individuals or entities that guarantee those individuals or entities a proportion of recovery, Processors, Vessels, and Fishers are responsible for upholding their side agreements.
     
  • If you believe you are a Fisher Class member, but you do not have Class Catch attributable to your CDFW license, you needed to have contacted the Settlement Administrator by June 9, 2023. The Settlement Administrator will confer with Class Counsel in good faith to determine your eligibility and compensation under the Settlement. You can contact the Settlement Administrator by mail at Orange County Oil Spill Settlement c/o JND Legal Administration, P.O. Box 91202, Seattle, WA 98111, by email at info@OCOilSpillSettlement.com, or by telephone at 1-877-917-0133.


Property Class Settlement

  • You are a Property Class Member if you owned or leased, between October 2, 2021, and December 31, 2021, residential waterfront and/or waterfront properties or residential properties with a private easement to the coast located between the San Gabriel River and the San Juan Creek in Dana Point, California.
     
  • If you did not receive a direct notice but you think you meet the above Real Property Class definition, you needed to have contacted the Settlement Administrator by June 9, 2023. The Settlement Administrator will confer with Class Counsel in good faith to determine your eligibility and compensation under the Settlement. You can contact the Settlement Administrator by mail at Orange County Oil Spill Settlement c/o JND Legal Administration, P.O. Box 91202, Seattle, WA 98111, by email at info@OCOilSpillSettlement.com, or by telephone at 1-877-917-0133.
     

Waterfront Tourism Class Settlement

  • You are a Waterfront Tourism Class Member if you are a person or entity in operation between October 2, 2021, and December 31, 2021, who: (a) owned or worked on a sea vessel engaged in the business of ocean water tourism (including sport fishing, sea life observation, and leisure cruising) and accessed the water between the San Gabriel River and San Juan Creek in Dana Point; or (b) owned businesses that offered surfing, paddle boarding, recreational fishing, and/or other beach or ocean equipment rentals and/or lessons or activities; sold food or beverages; sold fishing bait or equipment, swimwear or surfing apparel, and/or other retail goods; or provided visitor accommodations south of the San Gabriel River, north of the San Juan Creek, and west of: (1) Highway 1 in Seal Beach; (2) Orange Avenue and Pacific View Avenue in Huntington Beach; and (3) Highway 1 south of Huntington Beach.
     
  • If you did not receive a direct notice but you think you meet the above Waterfront Tourism Class definition, you needed to have contacted the Settlement Administrator by June 9, 2023. The Settlement Administrator will confer with Class Counsel in good faith to determine your eligibility and compensation under the Settlement. You can contact the Settlement Administrator by mail at Orange County Oil Spill Settlement c/o JND Legal Administration, P.O. Box 91202, Seattle, WA 98111, by email at info@OCOilSpillSettlement.com, or by telephone at 1-877-917-0133.
     
  • If you are unsure whether you are a Waterfront Tourism Class member based on the type of business that you are engaged in, please reach out to the Settlement Administrator.

Your Legal Rights and Options

ACTION EXPLANATION DUE DATE
RECEIVE A PAYMENT

Fisher, Property and Waterfront Tourism claimants (except if you are a RESTAURANT, RETAIL STORE, SURF SCHOOL, or BAIT AND TACKLE BUSINESS):

  • Do nothing and automatically receive a payment from the Settlement if the Court approves the Settlement and after potential appeals are resolved
  • Be bound by the Settlement
     

If you are a RESTAURANT, RETAIL STORE, SURF SCHOOL, or BAIT AND TACKLE BUSINESS:

  • File a claim to receive a payment from the Settlement if the Court approves the Settlement and after potential appeals are resolved
  • Be bound by the Settlement
Submitted online or postmarked by June 9, 2023
(Passed)
EXCLUDE YOURSELF

Receive no benefits from the Settlement. Keep your right to sue the Amplify Defendants over the claims resolved by the Settlement. 

Postmarked no later than February 14, 2023
(Passed)
OBJECT

Tell the Court what you do not like about the Settlement. You will still be bound by the Settlement, and you will still receive your payment. 

Served/filed no later than February 14, 2023
(Passed)

For More Information

Visit this website often to get the most up-to-date information.

Mail
Orange County Oil Spill Settlement
c/o JND Legal Administration
P.O. Box 91202
Seattle, WA 98111