In re Kinder Morgan Energy Partners, L.P.
In re Kinder Morgan Energy Partners, L.P.
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In re Kinder Morgan Energy Partners, L.P. Capex Litigation (the “Action”) is a lawsuit brought in the Court of Chancery of the State of Delaware (the “Court”) on behalf of holders of common units of Kinder Morgan Energy Partners, L.P. (“KMP”) alleging that KMP’s parent company, Kinder Morgan, Inc. (”KMI”) and KMP’s general partner, Kinder Morgan G.P., Inc., breached KMP’s partnership agreement, and the implied covenant of good faith and fair dealing, by failing to allocate KMP’s capital expenditures in good faith.

Lead Plaintiff, on behalf of the Class, has reached a settlement of the Action for $27,500,000 in cash (the “Settlement”). On December 22, 2015, the Court entered a Final Order and Judgment (the “Final Order”) approving the Settlement and a new Plan of Allocation for the distribution of the Settlement proceeds, which is different than the proposed plan of allocation set forth in the Settlement Notice mailed to Class Members. Pursuant to the new Plan of Allocation, payments will be made to eligible Class Members based on the number of KMP common units that he, she or it held as of the effective time Merger between KMI and KMP, which closed on November 26, 2014. Under the Court-approved Plan of Allocation, claim forms are no longer required for the calculation of payments from the Settlement. Both the Final Order and the Court-approved Plan of Allocation are available on the Court Documents page.

**UPDATE**

Beginning on May 30, 2017, distribution payments for the Settlement Fund were sent to Authorized Class Members. Payments to Class Members who held their units through brokers and nominees were made directly to the brokers/nominees, who will be responsible for allocating pro rata shares of the payments they received to their clients.  Individual record holders were mailed a payment directly from the Claims Administrator.

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