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10-2179 - In Re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, on April 20, 2010


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10-2179 - In Re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, on April 20, 2010
October 6, 2010
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ORDERED that Plaintiff State of Louisiana's Motion to Remand, filed in case 10-CV-1156 (Rec. Doc. 304) is hereby DENIED. Signed by Judge Carl Barbier on 10/5/10.(Reference: 10-1759)(sek, )
October 25, 2010
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ORDERED that Defendant Abdon Callais Offshore's 114 Motion to Compel Arbitration and Stay Litigation Pending Arbitration is DENIED. Signed by Judge Carl Barbier on 10/22/10. (Reference: 10-1984)(dno, )
February 2, 2011
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ORDER & REASONS that Motion to Supervise Ex Parte Communications with Putative Class 912 is GRANTED IN PART: ORDERED that Defendant BP, through its agents Ken Feinberg, Feinberg Rozen LLP, & the Gulf Coast Claims Facility, & any of their representatives, in any of their oral or written communications with claimants, shall refrain from certain activity as set forth in document and should fully disclose & advise claimants as set forth in document; FURTHER ORDERED that the parties shall submit additional briefing on the question of whether and how BP as the responsible party is fully complying with the mandates of OPA, for example, in the processing of claims for "interim, short-term damages," or "final damages," methodologies for evaluation of claims, and the release forms required of claimants. Said briefing shall be filed not later than February 11, 2011. Signed by Judge Carl Barbier on 2/2/2011.(Reference: all cases)(gbw, ) Modified text on 2/3/2011 (sek, ).
March 1, 2011
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ORDER denying 1231 Motion for More Definite Statement. Signed by Judge Carl Barbier on 3/1/2011. (Reference: 10-3815)(mmm, )
March 28, 2011
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ORDER [Regarding Marital Privilege Asserted by Brian Morel]; ORDERED that: (1) Brian Morel's assertion of the marital privilege (Rec. doc. 1742) is DENIED; (2) the PSC's request for access to the email communications (Rec. doc. 1745) is GRANTED; and (3) because of the need to resolve this issue before Mr. Morel's deposition, the deadline for an appeal of this order is reduced to five (5) working days from its entry. Signed by Magistrate Judge Sally Shushan on 3/28/11. (NEF: William W. Taylor, III via email [email protected])(Reference: all cases)(sek, )
April 15, 2011
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ORDER AND REASONS granting in part Halliburton's 1799 Motion for Permanent Injunction and that Plaintiff St. Joe's Notices of Voluntary Dismissal against Defendant Halliburton and Defendant M-I (Rec. Docs. 1772 and 1773) are VACATED AND SET ASIDE. Further Ordered that member cases 11-258 and 11-259 are Reinstated on the docket of the Court as part of MDL 2179. Further Order denying as moot Halliburton's 1799 Motion for Permanent Injunction and M-I LLC's 1807 Motion for Injunction in Aid of This Court's Jurisdiction over the St. Joe Company. Signed by Judge Carl Barbier. (Reference: 11-258, 11-259)(ijg, )
May 13, 2011
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ORDER granting 1965 Anadarko/MOEX Motion to Compel responses to discovery requests served upon BP. BP will have five (5) working days to appeal this ruling and shall see expedited consideration of any appeal. An appeal will not affect the parties' obligation to meet and confer regarding the individual requests as set forth in paragraph 1 of this order. Signed by Magistrate Judge Sally Shushan on 5/12/11. (Reference: All cases in Pleading Bundles B1 and B3; 10-2771; 10-3815; 10-1540; 10-1502)(sek, )
June 16, 2011
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ORDER & REASONS (as to D1 Master Complaint): ORDERED that Defendants' Motions to Dismiss (Rec. Docs. 1407 and 1441) are GRANTED, dismissing in its entirety the D1 Master Complaint. To the extent that Plaintiffs assert claims under General Maritime Law and/or state law, the Court will consider those claims separately when it addresses the pending motions to dismiss the B1 bundle Master Complaint. Signed by Judge Carl Barbier on 6/16/11. (Reference: D1 Bundle Master Complaint)(sek, )
June 20, 2011
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ORDER granting Andarko's 2816 Motion to join in and adopt Transocean's Motion to Appeal. ORDER denying Transocean's 2810 Motion to Appeal Magistrate Judge Shushan's Order Regarding In Camera Review of William Castell Documentsis, and affirming 2737 Magistrate Judge Shushan's Order. Signed by Judge Carl Barbier on 6/20/2011. (Reference: ALL CASES)(blg)
July 8, 2011
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STIPULATION AND AGREED-UPON ORDER re 2757 Motion to Dismiss Alter Ego Claims or in the Alternative, MOTION to Bifurcate Alter Ego Claims by Moex Offshore 2007 LLP, and 2761 Motion to Dismiss Alter Ego Claims, or in the Alternative, MOTION to Bifurcate by Moex USA Corporation. Signed by Judge Carl Barbier on 7/8/2011. (Reference: ALL CASES)(blg)
July 15, 2011
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ORDER AND REASONS granting 2169 MOTION to Stay Proceedings Between Anadarko and BP; Anadarko's cross-claims against BP are accordingly STAYED. Signed by Judge Carl Barbier on 7/15/2011.(Reference: ALL CASES)(blg)
July 15, 2011
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ORDER AND REASONS granting 1437 MOTION to Dismiss; Plaintiffs' RICO claims are dismissed. Signed by Judge Carl Barbier on 7/15/2011.(Reference: B2 Master Complaint)(blg)
July 20, 2011
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ORDER AND REASONS denying 2249 BP's MOTION to Dismiss Transocean's Complaint in Intervention (# 1755). Signed by Judge Carl Barbier on 7/20/2011.(Reference: 11-274, 11-275)(blg)
July 29, 2011
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ORDER AND REASONS: ORDERED that the 1818 Second MOTION to Deposit Funds Into the Registry of the Court and 1934 Sealed Document - Motion for disbursement of registry funds, are DENIED WITHOUT PREJUDICE. FURTHER ORDERED that the 3148 MOTION to Remand to State Court and for Attorney Fees and Costs, is GRANTED IN PART AND DENIED IN PART. ORDERED that the case captioned Stephen B. Murray, Sr. v. James R. Dugan, II, Civ. A. No. 11-cv-01476, be severed from MDL No. 2179 and REMANDED to the State Court from which it was removed. The request for attorney fees and costs is DENIED. FURTHER ORDERED that within fifteen (15) days of the issuance of this Order and Reasons, James R. Dugan, II submit a Motion for Disbursement of Registry Funds and proposed Order, as outlined and in accordance with Local Rule 67.3. Signed by Judge Carl Barbier on 7/29/2011.(Reference: 11-1476)(blg)
August 26, 2011
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6/2011.(Reference: B1 Master Complaint)(blg)ORDER AND REASONS GRANTING IN PART, DENYING IN PART (as set forth in document) Defendants' Motions to Dismiss the B1 Master Complaint - Rec Docs. 1440, 1390, 1429, 1597, 1395, 1433, 1414, 2107. Signed by Judge Carl Barbier on 8/2
September 30, 2011
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ORDER AND REASONS granting in part and denying in part Motions to Dismiss the B3 Master Complaint 1388, 1397, 1399, 1404, 1406, 1409, 1416, 1436, 2466. Signed by Judge Carl Barbier. (Reference: B3 Master Complaint)(ecm, ) Modified on 10/3/2011 (blg).
October 4, 2011
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AMENDED 4159 ORDER AND REASONS (As to Motions to Dismiss the B3 Master Complaint). ORDERED that Defendants' Motions to Dismiss the B3 Master Complaint (Rec. Docs. 1388, 1397, 1399, 1404, 1406, 1409, 1416, 1436, 2108, and 2466) are GRANTED IN PART AND DENIED IN PART. Signed by Judge Carl Barbier.(Reference: B3 Master Complaint)(gec, ) Modified on 10/5/2011 (blg).
October 12, 2011
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0-4169, and 11-0058))(blg)ORDER AND REASONS: ORDERED that the 2707 Joint MOTION to Dismiss Emergency Responder Defendants Pursuant to Rules 12(b)(6) & 12(c), is GRANTED; Subject to the exception regarding DuWayne Mason, the claims asserted by the B4 Claimants in limitation actions Nos. 10-3895, 10-3896, 10-3897, 10-4168, 10-4169, and 11-0058 are DISMISSED WITH PREJUDICE. This Order does not affect the personal injury claim of DuWayne Mason, an alleged member of the crew of the M/V SEACOR VANGUARD, which Defendant Seacor specifically excepted from the Motion to Dismiss (See Rec. Doc. 2701-1 at 3). This Order does not prejudice a B4 Claimant from filing a complaint in the B1 or B3 pleading bundle or joining in the B1 or B3 Master Complaint. FURTHER ORDERED that the 3816 MOTION for Reconsideration of Order Dispensing Oral Argument for a Motion to Dismiss, is DENIED AS MOOT. Signed by Judge Carl Barbier on 10/12/2011.(Reference: Pleading Bundle "B4" (10-3895, 10-3896, 10-3897, 10-4168, 1
November 4, 2011
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Minute Order. Proceedings held before Judge Carl Barbier: Motion Hearing held on 11/4/2011, re 4451 State of Louisiana's Objections to and Appeal from Magistrate Judge's Order rec. doc. 4415 Regarding Discovery; The State certified to the Court that it has complied with the Magistrate Judge's Order as to Phase One documents. Therefore, the State's Objections as to that portion of the Order are MOOT. The Court OVERRULED the State's remaining objections and AFFIRMED the Magistrate Judge's Order.(Court Reporter Cathy Pepper.) (Reference: ALL CASES)(blg)
November 14, 2011
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ORDER AND REASONS granting in part and denying in part 2630, 2631, 2637, 2638, 2639, 2642, 2644, 2645, 2646, 2647, 2649, 2651, 2653, 2655, 2656 Motions to Dismiss the Complaints of the States of Alabama and Louisiana. Signed by Judge Carl Barbier. (Reference: Actions by the State of Alabama and Louisiana, Part of PLeading Bundle "C", 10-4182, 10-4183, 10-3059, 11-516)(gec, )
November 15, 2011
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ORDER AND REASONS as to the Insurance Actions: IT IS ORDERED that 3211 BP's Motion for Judgment on the Pleadings in the Insurance Actions, be and is hereby DENIED. IT IS FURTHER ORDERED that 3706 Transocean's Motion to Convert BP's Motion for Judgment on the Pleadings to a Motion for Summary Judgment, is MOOT. Signed by Judge Carl Barbier on 11/15/2011.(Reference: 11-274, 11-275)(blg)
December 9, 2011
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ORDER AND REASONS granting in part and denying in part Motions to Dismiss the Local Government Entity MasterComplaint and other individual actions falling within Pleading Bundle "C" (Rec. Docs. 1152, 1421, 1422, 1423, 1424, 1781, 1782, 1783, 1786, 2214, 2218, 2220, 2221, 2224, 2442, 2636, 2638, 2642, 2657 ). Signed by Judge Carl Barbier. (Reference: Pleading Bundle C, in part: Local Government Entity Master Complaint (Rec. Doc. 1510), (10-1757, 10-1758, 10-1759, 10-1760, 10-2087 10-2731,10-2996, 10-2997, 10-4185, 10-4239, 10-4240, 10-4241))(gec, )
December 28, 2011
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ORDER AND REASONS Establishing Reserve Account re 4507 Motion to Establish Account and Reserve for Litigation Expenses. Signed by Judge Carl Barbier. (Reference: 10-2771)(gec, ) Modified on 12/28/2011 (gec, ).
January 11, 2012
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ORDER AND REASONS - Motion in Limine Set 1: Email Strings re letter briefs 4563, 4567, 4964, 4340, 4560, 4569, 4631. The briefs pertain to the first motion set, regarding the issue of admissibility of emails. ORDERED that the parties confer in a good faith effort to stipulate regarding the admissibility of emails and email strings; and that thereafter if the parties cannot agree as to individual emails, by 1/30/2012 they shall submit briefs to Magistrate Judge Shushan, who will make recommendations to the Court regarding admissibility. FURTHER ORDERED that it is the parties' responsibility to confer to work out stipulations as to email admissibility and to then point out any remaining specific issues to the Court; and that neither Judge Barbier nor Magistrate Judge Shushan will do this work for the parties. Signed by Judge Carl Barbier on 1/11/2012.(Reference: ALL CASES)(blg)
January 20, 2012
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ORDER granting in part and denying in part 4799 BP's Motion for Spoliation Sanctions; any appeal from this order shall be filed by Thursday, January 26, 2012. Signed by Magistrate Judge Sally Shushan on 1/20/2012. (Reference: ALL CASES) (cc: Captain Englebert) (blg)
January 26, 2012
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ORDER AND REASONS granting in part, denying in part 4477 Transocean's MOTION for Partial Summary Judgment, and 4827 BP's Cross-MOTION for Partial Summary Judgment. Signed by Judge Carl Barbier on 1/26/2012.(Reference: 10-2771, 10-4536, ALL CASES)(blg)
January 26, 2012
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ORDERED that BP's (Rec. Doc. 4511), Transocean's (Rec. Doc. 4519), Cameron's(Rec. Doc. 4520), and Halliburton's (Rec. Doc. 4522) motions in limine are GRANTED in PART and DENIED in PART. Signed by Judge Carl Barbier on 1/26/2012. (Reference: ALL CASES)(blg)
January 31, 2012
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11-1054, 11-1986, and ALL CASES)(blg)ORDER AND REASONS granting in part, denying in part 4767 Halliburton's MOTION for Partial Summary Judgment, and 4976 BP's Cross MOTION for Partial Summary Judgment. Signed by Judge Carl Barbier on 1/31/2012.(Reference: 10-2771, 10-4536,
January 31, 2012
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ORDER granting in part and denying in part 5108 BP's Motion in Limine to Bar Fact or Opinion Testimony on Issues of Law. Signed by Judge Carl Barbier on 1/31/2012. (Reference: ALL CASES)(blg)
February 7, 2012
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ORDER AND REASONS denying 4813 BP's MOTION in Limine to Preclude the Introduction of Evidence Related to Settlements Among the Parties. Signed by Judge Carl Barbier on 2/7/2012.(Reference: ALL CASES)(blg)
February 8, 2012
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REPORT AND RECOMMENDATIONS re 5559 MOTION in Limine to Admit Representative E-Mail Communications filed by PSC, Plaintiffs and United States of America. Objections to R&R due by 2/9/2012 4pm. All objections and replies are limited to 2 page letter briefs. Signed by Magistrate Judge Sally Shushan on 2/8/2012. (Reference: ALL CASES) (tsf, )
February 9, 2012
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ORDER AND REASONS granting in part 4512 BP's Motion in Limine to Preclude the Introduction of Evidence Regarding Prior Adverse Criminal, Civil, or Regulatory Proceedings Concerning Conduct Unrelated to the Macondo Well Incident, and 4514 BP's Motion in Limine to Preclude the Introduction of Evidence Regarding Instances of Prior Alleged Improper Conduct Unrelated to the Macondo Well Incident. Signed by Judge Carl Barbier on 2/9/2012.(Reference: ALL CASES)(blg)
February 9, 2012
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Documents, 4521 Transocean's MOTION in Limine to Preclude Blanket Introduction of the National Commission and Chief Counsel Reports, and 4523 Halliburton's MOTION to Exclude the National Commission Reports. Signed by JORDER AND REASONS granting in part, denying in part 4506 Cameron's MOTION in Limine to Exclude Testimony Before Congress, 4515 BP's MOTION in Limine to Preclude the Introduction into Evidence of Other Governmental Reports and udge Carl Barbier on 2/9/2012.(Reference: ALL CASES)(blg)
February 10, 2012
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ned by Judge Carl Barbier.(Reference: All cases)(gec, )ORDER ADOPTING REPORT AND RECOMMENDATIONS 5615. ORDERED that the plaintiffs' joint 5559 MOTION in Limine to Admit into Evidence Representative Email Communication Exhibits is GRANTED in PART and DENIED in PART as stated within document. Sig
February 22, 2012
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ORDER granting 5360 Cameron's Motion in Limine to Exclude Warning Opinions of PSC Expert Gregg S. Perkin. Signed by Judge Carl Barbier on 2/22/2012. (Reference: ALL CASES)(blg)
February 22, 2012
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for Partial Summary Judgment. Signed by Judge Carl Barbier on 2/22/2012.(Reference: 10-4536)(blg)ORDER AND REASONS granting in part, denying in part 4836 United States' Motion for Partial Summary Judgment; denying 5113 Anadarko's Motion for Partial Summary Judgment; granting in part, denying in part 5103 Transocean's Motion
February 24, 2012
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ORDER Regarding Motions in Limine to Exclude Non-Governmental Reports; ORDERED that the subject motions in limine (Rec. Docs. 4811, 4812, & 4894) are DENIED IN PART. Signed by Judge Carl Barbier on 2/24/2012. (Reference: ALL CASES)(blg) .
February 24, 2012
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ORDER & REASONS re 5757 MOTION to Review the United States' Magistrate Judge's Order Granting in Part and Denying in Part Transocean's Motion to Compel: IT IS ORDERED that the United States Magistrate Judge's Order [Rec. Doc. 5681] is hereby amended to add the following language: By complying with this order, Donald Vidrine shall not be deemed to have waived the right to assert the psychotherapist-patient privilege with respect to the information contained in his medical records in any other action outside the instant proceeding, specifically including any ongoing criminal investigation of the events giving rise to the Macondo well blowout. Otherwise, IT IS ORDERED that Plaintiff's Motion for Review [Rec. Doc. 5757] is DENIED. Signed by Judge Carl Barbier on 2/24/2012. (Reference: all cases)(sek, )
March 30, 2012
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ORDER granting 5078 Motion to Sever, Motion to Remand; FURTHER ORDERED that 11-2891 is TRANSFERRED to the United States District Court for the Southern District of Mississippi for all further proceedings. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (Reference: 11-2891)(car, )
June 15, 2012
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ORDER: Setting caps on individual attorneys' fees; IT IS ORDERED that contingent fee arrangements for all attorneys representing claimants/plaintiffs that settle claims through either or both of the Settlements will be capped at 25 percent plus reasonable costs. The Claims Administrator is directed to require a certification by the attorney that his or her fees comply with this Order. The Claims Administrator shall not make any disbursements until the attorney provides this certification. IT IS FURTHER ORDERED that an individual attorney who believes a departure from the 25 percent cap is warranted will be permitted to object and submit evidence to the Court for consideration. Signed by Judge Carl Barbier on 6/15/12.(Reference: 12-968, 12-970)(sek, )
August 16, 2012
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ORDERED that Liberty Insurance Underwriters, Inc.'s Rule 12(c) Motion for Judgment on the Pleadings 6531 is GRANTED IN PART and DENIED IN PART, as follows: Cameron's Fourth Cause of Action (seeking penalties under La. R.S. 22:1892) is DISMISSED. In all other respects, Liberty's Motion is DENIED. Signed by Judge Carl Barbier. (Reference: 12-311)(gec, ) (Main Document 7129 replaced on 8/17/2012) (gec, ).
October 1, 2012
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ORDER & REASONS: ORDERED that the Motions to Dismiss the Pure Stigma Claims (Rec. Docs. 6891, 6895, 6921), BP Dealer Claims (Rec. Docs. 6892, 6893, 6922), and Recreation Claims (Rec. Docs. 6889, 6894, 6923) are GRANTED as set forth in document. Signed by Judge Carl Barbier on 10/1/12. (Reference: Pleading Bundle "B1")(sek, )
October 4, 2012
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ORDER granting 7108 BP's Motion to Dismiss; denying 7160 plaintiff's Motion to Remand to State Court; denying 7199 plaintiff's Motion to Stay. Signed by Judge Carl Barbier on 10/4/12. (Reference: 12-2019) (cc: Charles Cutler, 180 Pine Bayou Circle, Monroe, LA 71207 (sek, )
October 25, 2012
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ORDERED that the Abreu Objectors' 7651 Motion for Reconsideration of the Court's order denying their request for production is DENIED. Signed by Magistrate Judge Sally Shushan. (Reference: 10-7777)(gec, )
November 28, 2012
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ORDER & REASONS granting 6541 Nalco's Motion for Summary Judgment and the claims against Nalco in the B3 Master Complaint are DISMISSED WITH PREJUDICE. Signed by Judge Carl Barbier on 11/28/12. (Reference: Pleading Bundle B3)(sek, )
December 21, 2012
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ORDER & REASONS Granting Final Approval of the Economic and Property Damages Settlement Agreement as set forth in document. Signed by Judge Carl Barbier on 12/21/12. (Reference: No. 12-970, Bon Secour Fisheries, Inc., et al. v. BP Exploration & Production Inc., et al. and All Actions)(sek, )
January 11, 2013
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ORDER & REASONS Granting Final Approval of the Medical Benefits Class Action Settlement as set forth in document re re 7112, 7116 . Signed by Judge Carl Barbier. (Reference: No. 12-968, Plaisance, et al. v.BP Exploration & Production Inc., et al and All Actions)(gec, ) Modified on 1/11/2013 (gec, ).
January 15, 2013
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ORDER denying 8075 Plaintiff Malcolm Coco's Motion for Reconsideration of the Court's ruling of November 28, 2012 (Rec. Doc. 8037). Signed by Judge Carl Barbier on 1/15/13. (Reference: Pleading Bundle B3 and 11-946)(sek, )
March 5, 2013
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ORDER & REASONS denying 6909 DuWayne Mason's Motion to Sever Claim from "Deepwater Horizon MDL" and to Set Scheduling Conference. Signed by Judge Carl Barbier on 3/5/13. (Reference: 11-3896 & 11-826)(sek, )
September 6, 2013
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ORDER & REASONS. As to the Cross Motions for Summary Judgment regarding the claims by the Mexican States: For reasons as set forth in document, the Court finds as a matter of law that the Mexican States' claims are barred by Robins Dry Dock and Testbank. Accordingly, IT IS ORDERED that the Defendants' Motions for Summary Judgment (Rec. Docs. 8169, 8176, 8179) are GRANTED and the Mexican States' Motion for Summary Judgment (Rec. Doc. 8178) is DENIED. IT IS FURTHER ORDERED that all remaining claims by the Mexican States' are DISMISSED WITH PREJUDICE. Signed by Judge Carl Barbier on 9/6/13.(Reference: 10-4239, 10-4240, 10-4241)(sek, )
February 28, 2014
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ORDER denying 12254 Motion to Order Production of Certain Documents by Special Master Freeh and to Set Schedule. Signed by Judge Carl Barbier on 2/28/14. (Reference: all cases)(sek, )
March 10, 2014
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ORDER & REASONS: ORDERED that BP's Motion for Summary Judgment (Rec. Doc. 11993) is DENIED; Elton Johnson's Motion to Enforce Settlement Agreement (Rec. Doc. 11734) is GRANTED. Signed by Judge Carl Barbier on 3/10/14. (Reference: 13-5804)(sek, )
March 14, 2014
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ORDER re 11973 Regarding Class Counsel's Objection to Administrative Ruling Regarding the Admission of New "Evidence" by BP in Connection with Settlement Program Appeals; Ordered that Class Counsel's objection is OVERRULED. Signed by Judge Carl Barbier on 3/14/14.(Reference: 12-970)(sek) (Main Document 12517 replaced on 3/17/2014) (sek). (Additional attachment(s) added on 3/17/2014: # (1) SEALED ORDER) (sek).
September 4, 2014
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - PHASE ONE TRIAL - as set forth in document. Signed by Judge Carl Barbier on 9/4/14.(Reference: 10-2771, 10-4536)(sek)
September 5, 2014
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REPORT AND RECOMMENDATIONS. For all of the forgoing reasons, IT IS RECOMMENDED that BP's Motion to Dismiss Complaint for Breach of Contract, Specific Performance, and Injunction, Record Doc. No. 13177; Wisner's Motion for Preliminary Injunction, Record Doc. No. 13152; and Wisner's Motion in Limine to Consider Settlement Documents with Motion for Preliminary Injunction, Record Doc. No. 13227, all be DENIED. IT IS FURTHER RECOMMENDED that the previous referral of this member case to a United States Magistrate Judge be VACATED, so that further injunctive or other expedited pretrial proceedings, if any, may be conducted by the district judge, until such time, if ever, that all parties consent in writing pursuant to Section 636(c). In place of the previous referral order, IT IS FURTHER RECOMMENDED that a new referral order of this member case be issued to me solely for purposes of conducting a settlement conference on the question of what alleged damages might be attributable to the cleanup and response operations subject to the Access Agreement between the parties and whether an agreement between the parties concerning that issue might be reached before commencement of the Cam II project. Objections to R&R due by 9/19/2014. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 9/5/14.(Reference: 14-1525)(tbl) [NEF: Hon. Carl J. Barbier]
September 9, 2014
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ORDER Revising Phase One Findings of Fact and Conclusions of Law: The Court has made three minor revisions to its September 4, 2014 Findings of Fact and Conclusions of Law (Rec. Doc. 13355), which are listed below. These revisions do not alter the substance of the document. A revised copy of the Findings of Fact and Conclusions of Law is attached to this order. Page 21, paragraph 74: "which willd depart" changed to "which will depart" Page 59, paragraph 233: "12:30 a.m. on April 19, 2010" changed to "12:30 a.m. on April 20, 2010"; Page 82, paragraph 323: "Transocean's flow out sensor was not bypassed, and therefore the Transocean drill crew could still monitor flow out changed to "Transocean's flow out sensor was not bypassed; therefore, the Transocean drill crew could still monitor flow out". Signed by Judge Carl Barbier on 9/9/14. (Attachments: # (1) Revised Findings of Fact and Conclusions of Law)(Reference: 10-2771 and 10-4536)(sek)
September 22, 2014
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 13366; ORDERED that BP's Motion to Dismiss Complaint for Breach of Contract, Specific Performance, and Injunction (Rec. Doc. 13177) is DENIED. FURTHER ORDERED that Edward Wisner Donation's Motion for Preliminary Injunction (Rec. Doc. 13152) is DENIED. FURTHER ORDERED that Edward Wisner Donation's Motion in Limine to Consider Settlement Documents with Motion for Preliminary Injunction (Rec. Doc. 13227) is DENIED. FURTHER ORDERED that the previous referral order (Rec. Doc. 13099 in C.A. No. 10-md-2179 and Rec. Doc. 7 in C.A. No. 14-1525) is VACATED. FURTHER ORDERED that this matter is hereby REFERRED to Magistrate Judge Wilkinson solely for purposes of conducting a settlement conference on the question of what alleged damages might be attributable to the cleanup and response operations subject to the Access Agreement between the parties and whether an agreement between the parties concerning that issue might be reached before commencement of the Cam II project. Signed by Judge Carl Barbier on 9/22/14. (NEF: Magistrate Judge Wilkinson, T.Lee)(Reference: 14-1525)(sek)
October 30, 2014
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ORDER Regarding Alabama Damage Cases BP's Motion to Strike Notices of Appearance of Counsel for the Governor of Alabama (Rec. doc 13510). It is ORDERED that (1) the State of Alabama's 13537 Motion to Add Additional Counsel is GRANTED and the following counsel are enrolled as additional counsel for the State of Alabama: Jeffrey A. Briet, Robert T. Cunningham, Jennifer E. Day, Rhon E. Jones, J. Parker Miller, Paul M. Sterbcow, Richard D. Stratton. (2) BP's 13510 Motion to Strike Notices of Appearances of Counsel for the Governor of Alabama is DENIED with respect to the counsel identified above; and it is MOOT as to the October 9, 2014 13482 Notice of Appearance as that notice is deficient. Signed by Magistrate Judge Sally Shushan. (Reference: 10-4182, 10-4183, 13-2645, 13-2646, 13-2647, 13-2813)(gec)
October 31, 2014
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ORDER & REASONS as to Cameron's and Liberty Insurance Underwriters, Inc.'s Motions for Summary Judgment: ORDERED that Cameron's Motion for Partial Summary Judgment on its Claims for Breach of Contract, Indemnity and Defense Expenses (Rec. Doc. 12440) is GRANTED IN PART and DENIED IN PART, LIU's Motion for Partial Summary Judgment Concerning Cameron's Forfeiture of Coverage (Rec. Doc. 12580) is DENIED, LIU's Motion for Partial Summary Judgment Concerning Cameron's Texas Insurance Code Claims is GRANTED (Rec. Doc. 12050), and LIU's Motion for Partial Summary Judgment on Cameron's section 541 Claim (Rec. Doc. 12578) is MOOT. FURTHER ORDERED that Cameron is entitled to judgment as a matter of law as follows: As to Cameron's "First Cause of Action" (breach of contract), judgment in favor of Cameron and against LIU in the amount of $50,000,000.00, the full amount of the Policy limits, plus legal interest and costs; As to Cameron's "Second Cause of Action" (declaratory judgment for indemnity), a declaratory judgment that LIU must indemnify Cameron in the amount of $50,000,000.00; FURTHER ORDERED that LIU is entitled to judgment as a matter of law and in LIU's favor on Cameron's remaining claims. A final judgment will be entered consistent with this Order and Reasons. Signed by Judge Carl Barbier on 10/31/14. (Reference: 12-311)(sek)
November 26, 2014
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eject the policy statement without further briefing from the parties. Accordingly, Class Counsel's Motion for Reconsideration, Rec. doc. 13303, is DENIED. The Downs Law Group's Motion for Reconsideration, Rec. doc. 13318, is also DENIED. Signed by Judge Carl Barbier. (Reference: 12-968 and All Cases)(gec)ORDER Regarding Class Counsel's Motion for Reconsideration (Rec. doc. 13303) of the Court's Order of July 23, 2014 Regarding Chronic Specified Physical Conditions (Rec. doc. 13179). The Court directs that the Claims Administrator review the "release issue" and issue a policy statement within 21 days of the date of issuance of this order. The policy statement should contain examples of the various scenarios at issue. Thereafter, the Court will adopt, modify or r
December 12, 2014
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ORDER re Cameron's 13664 Motion for Attorney Fees and to Clarify Judgment. It is ORDERED that Cameron's Motion for Attorneys' Fees and to Clarify Judgment (Rec. Doc. 13664) is DENIED IN PART and GRANTED IN PART, as follows: Cameron's request for attorneys' fees is DENIED; Cameron's request for clarification is GRANTED and paragraph two of the Judgment entered on October 31, 2014 (Rec. Doc. 13588) is amended as stated within document. The Judgment remains unchanged in all other respects. Signed by Judge Carl Barbier. (Reference: 12-311)(gec)
December 16, 2014
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ORDER granting in part and denying in part 13475 Motion to Strike Expert Reports of Walter Cantrell and Renewed Motion in Limine to Exclude Evidence Relating to Unrelated Prior Incidents by Defendant BP Exploration & Production Inc. as set forth in document. Signed by Judge Carl Barbier on 12/16/14. (Reference: 10-4536)(plh)
January 6, 2015
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ORDER Regarding Alabama Damage Cases - Alabama Motion to Dismiss (Rec. doc. 13513). It is ORDERED that Alabama's motion to dismiss set-off claims or in the alternative motion to strike set-off affirmative defenses (Rec. doc. 13513) is DENIED WITHOUT PREJUDICE. Signed by Judge Carl Barbier. (Reference: 10-4182, 10-4183, 13-2645, 13-2646, 13-2647, 13-2813)(gec)
January 15, 2015
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Phase Two Trial. Signed by Judge Carl Barbier on 1/15/15.(Reference: 10-2771, 10-4536)(sek)
February 19, 2015
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ORDER As to the Maximum CWA Per-Barrel Civil Penalty: ORDERED that the United States' motion (Rec. Doc. 13654) is GRANTED and BPXP's motion (Rec. Doc. 13666) is DENIED. Signed by Judge Carl Barbier on 2/19/15.(Reference: 10-4536)(sek)
March 30, 2015
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rl Barbier on 3/30/15. (Reference: 10-2771, Rec. Doc. 323, 10-4182, 10-4183, 13-2645, 13-2646, 13-2647, 13-2813)(sek)ORDER and REASONS: ORDERED that BP's Motion to Strike the State of Alabama's Jury Demand (Rec. Doc. 12345) is DENIED. FURTHER ORDERED that Alabama's Motion to Strike Expert Opinions (Rec. Doc. 12387) is DENIED. Signed by Judge Ca
April 27, 2015
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ORDER As to Whether BELO Cases May Be Tried to a Jury: ORDERED that 14237 BPs Motion to Strike Plaintiff's Demand for a Jury Trial is DENIED; FURTHER ORDERED that LeRoy G. Wilson is granted leave to amend his BELO complaint to assert diversity jurisdiction, remove references to admiralty jurisdiction, and demand a jury. Wilson shall file his amended BELO complaint no later than Monday, May 18, 2015. Signed by Judge Carl Barbier on 4/27/15. (Reference: No. 12-968: BELO No. 14-2730)(sek)
June 10, 2015
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ORDERED that the Motion of DuWayne Mason to be Recognized as an Opt Out Plaintiff of the Medical Benefits Class Settlement and Alternative Motion to Extend Opt-Out Deadline (Rec. Doc. 14609) is DENIED. It is FURTHER ORDERED that Seacor's Motion for Summary Judgment (Rec. Doc. 13520) is GRANTED and that DuWayne Mason's claims against Seacor and/or the M/V SEACOR VANGUARD in 10-3896 and 11-826 are DISMISSED with prejudice. It is FURTHER ORDERED that, by June 17, 2015, Seacor shall file proposed final judgments for case nos. 11-826 and 10-3896. Signed by Judge Carl Barbier. (Reference: 10-3896, 11-826, 12-968)(gec) (Main Document 14709 replaced on 6/11/2015) (gec).
June 23, 2015
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ORDER & REASONS: granting 13010 Motion of the Special Master for Return of Payments Made to Jarrod A. Burrle and Others as set forth in document; The Special Master shall submit a proposed form for entry of a Final Judgment in accordance with this Order. Signed by Judge Carl Barbier on 6/23/15. (Reference: 12-970)(sek)
June 24, 2015
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ORDER & REASONS granting 13468 MOTION Of The Special Master For Return Of Payments Made To Jason Zirlott And Capt Jay, LLC as set forth in document; The Special Master shall submit a proposed form for entry of a Final Judgment in accordance with this Order. Signed by Judge Carl Barbier on 6/24/15.(Reference: 12-970)(sek)
July 7, 2015
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ORDER & REASONS: denying 14350 Motion for Return of Payments Made to Jonathan Taylor and Others as set forth in document. Signed by Judge Carl Barbier on 7/7/15. (Reference: 12-970)(sek)
September 8, 2015
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ORDER & REASONS: ORDERED that the Motion of the Special Master for Return of Payments Made to Wardell Parker (Rec. Doc. 13848) is GRANTED. IT IS FURTHER ORDERED that the DHECC claim awards in favor of Parker based upon Claim 49623 and Claim 50267 are hereby RESCINDED and VACATED; IT IS FURTHER ORDERED that Parker shall make restitution to the DHECC in the amount of $178,584.00 plus post-judgment interest; and IT IS FURTHER ORDERED that Parker shall not participate in any further distributions under the DHECC Seafood Compensation Program. The Court will enter a separate judgment consistent with this Order and Reasons. Signed by Judge Carl Barbier on 9/8/15.(Reference: 12-970)(sek)
September 14, 2015
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ORDER & REASONS: ORDERED that Defendants BP and Transocean Offshore Deepwater Drillings Motion for Summary Judgment and Defendant Transocean's Motion for Summary Judgment (Rec. Doc. 12676 and Rec. Doc. 12675) are GRANTED. IT IS FURTHER ORDERED that Plaintiff Center for Biological Diversity, Incs Motion for Partial Summary Judgment (Rec. Doc. 12673) is DENIED. Signed by Judge Carl Barbier on 9/11/15. (Reference: 10-2454 & 10-1768)(sek)
October 6, 2015
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ORDER & REASONS: ORDERED that the Motion of the Special Master for Return of Payments Made to Tony Riley and Others (Rec. Doc. 14070) is GRANTED. The Court will enter a judgment vacating Riley's claim awards; requiring Riley to make restitution to the DHECC in the amount of $221,681.62, plus post-judgment interest; and prohibiting Riley from participating in any further distributions under the DHECC Seafood Compensation Program. The judgment will also hold Andry Lerner and its individual attorneys jointly and severally liable with Riley, but only up to $55,420.46, plus post-judgment interest.3 In no event shall the total restitution payable to the DHECC exceed $221,681.62, excluding any post-judgment interest. Signed by Judge Carl Barbier on 10/6/15.(Reference: 12-970)(sek)
November 30, 2015
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - PENALTY PHASE: The Court finds that Anadarko is liable to the United States for civil penalties under the Clean Water Act, 33 U.S.C. 1321(b)(7), in the amount of $159.5 million ($159,500,000.00). Signed by Judge Carl Barbier on 11/30/15.(Reference: 10md2179, 10-4536)(sek)
December 11, 2015
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*DOCUMENT REPLACED PER REC DOC 15653**NEUTRAL ALLOCATION AND REASONS (Halliburton and Transocean Settlements). Signed by Magistrate Judge Joseph C. Wilkinson, Jr. on 12/11/2015. (Reference: 12-970, 15-4143, 15-4146, 15-4654)(gec) (NEF: J.Barbier) (Main Document 15652 replaced on 12/11/2015) (my). (Originally-
February 11, 2016
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ORDER & REASONS: It is ORDERED that the Motion for Leave to File Sur-Reply (Rec. Doc. 14870) and Motion to File a Response to Sur-Reply (Rec. Doc. 14908) are GRANTED. It is FURTHER ORDERED that the Motion of the DHECC for Return of Payments Made to Hai Do and Others (Rec. Doc. 14266) is DENIED. Signed by Judge Carl Barbier.(Reference: 12-970)(gec)
February 16, 2016
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3)(sek) Modified on 2/22/2016- mailed copy to: Roland Myers, Aaron Wallace, Anita Kastorff, Jeremiah LaBrosse, Scea Burrage, Tyrone Moss, Freddie Galloway and J. Richard Kanuch, counsel for Marie Mendoza (sek).ORDER AND REASONS As to the B3 Claims Against the Clean-Up Responder Defendants: IT IS ORDERED that all B3 claims against the Clean-Up Responder Defendants are dismissed with prejudice, whether by joinder in the B3 Master Complaint, individual complaint, or otherwise, with the exception of the claims asserted by the 11 Plaintiffs listed on section E of Exhibit 2 to the Joint Report. (Rec. Doc. 13667-2 at 8). Signed by Judge Carl Barbier on 2/16/16.(Reference: All Cases in Pleading Bundle B
March 10, 2016
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ORDER & REASONS As to the OPA Test Cases/Moratorium Claims : IT IS ORDERED that BP's Motion to Dismiss Moratoria/Permitoria Claims (Rec. Doc. 15663) is GRANTED; IT IS FURTHER ORDERED that the OPA Test Case Plaintiffs' Renewed Motion to Strike Affirmative Defenses and Motion in Limine Regarding Potential Third-Party Fault, Including Application of any Alleged "Superseding" Cause Defense Premised on Governmental Action or Inaction Following the Spill (Rec. Doc. 15655) is DENIED; IT IS FURTHER ORDERED that the claims asserted in the OPA Test Cases (Nos. 13-706, 13-810, 13-1143, 13-1185, 13-1386, 13-2006) are DISMISSED with prejudice. Signed by Judge Carl Barbier on 3/10/16. (Reference: 13-706, 13-810, 13-1143, 13-1185, 13-1386, 13-2006 (OPA Test Cases))(sek)
April 25, 2016
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ORDER & REASONS: As to the Requests for Discretionary Review by Claimants Kevin S. Smith, Solomon J. Fleischman, and John C. Kelly; on Remand from the Court of Appeals. ORDERED that the Claimants' request for discretionary review is GRANTED. FURTHER ORDERED that the Settlement Appeal Panels' decisions relative to Kevin Smith (Claim ID 143632), Solomon Fleischman (Claim ID 141390), and John Kelly (Claim ID 141567) are AFFIRMED. Signed by Judge Carl Barbier on 4/25/16. (NEF: Settlement Appeals Coordinator,[email protected]) (Reference: 12-970)(sek)
May 24, 2016
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ORDER & REASONS: granting 14613 Motion of the Deepwater Horizon Economic Claims Center for Return of Payments Made to Crystal Seafood Company, Inc., and Others as set forth in document; ORDERED that Crystal's Motion for Leave to File Sur-Reply (Rec. Doc. 15346) and the DHECC's Motion to File a Response to Crystal's Sur-Reply (Rec. Doc. 15376) are GRANTED.. Signed by Judge Carl Barbier on 5/24/16. (Reference: 12-970)(sek)
August 2, 2016
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ORDERED that the Clean-Up Responder Defendants' Omnibus Motion for Summary Judgment (Rec. Doc. 17643) is GRANTED IN PART and DENIED IN PART. It is FURTHER ORDERED that the B3 claims by nine of the Remaining B3 Plaintiffs Torrey Barlow (12-2248; 10-8888, Rec. Docs. 61409 & 80870), Scea Burrage (10-8888, Docs. 89515 & 108885), Roy Causey (10-8888, Doc. 34909), Jorey Danos (13-3747), Thomas Hines (13-2360; 10-8888, Docs. 22261 & 84046), Frank Howell (13-3747), Douglas Maurras (12-2048), Kirk Prest (10-8888, Doc. 89566), and John Wunstell, Jr. (10-2543; 10-8888, Doc. 57007)against all of the Clean-Up Responder Defendants listed in footnote 1, supra, are DISMISSED WITH PREJUDICE, whether those claims are asserted by joinder in the B3 Master Complaint, individual complaint, or otherwise. It is FURTHER ORDERED that the B3 claims by Nathan Fitzgerald (13-00650) and Joseph Brown (12-2333; 10-8888, Rec. Doc. 56125) against the Clean-Up Responder Defendants listed in footnote 1, supra, except for DRC Emergency Services, LLC are DISMISSED WITH PREJUDICE, whether those claims are asserted by joinder in the B3 Master Complaint, individual complaint, or otherwise. The B3 claims of Nathan Fitzgerald and Joseph Brown against DRC Emergency Services, LLC are preserved and subject to further proceedings of this Court. It is FURTHER ORDERED that Marine Spill Response Corporation's Motion for Summary Judgment (Rec. Doc. 17642) is GRANTED. It is FURTHER ORDERED that Lynden Inc.'s Renewed Motion for Summary Judgment on Lack of In Personam Jurisdiction (Rec. Doc. 17505) is MOOT. Signed by Judge Carl Barbier. (Reference: Remaining Claims in B3 Bundle Against the Clean-Up Responder Defendants) (cc: Scea Burrage, 10150 Woodie Lane, Irvington, AL 36544)(gec)
August 12, 2016
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ORDER AND REASONS GRANTING 7958 Motion for Leave to File Complaint of Intervention; 7968 Motion for Leave to File Complaint of Intervention; 7970 Motion for Leave to File Complaint of Intervention as set forth in document. However, final determination of the validity and amount of the intervenors' claims being permitted to be asserted in this matter is subject to the appointment of and process conducted by the Attorney Liens Adjudicator "over disputes regarding attorney fee liens filed against payments to be made by the Claims Administrator to eligible claimants under the Settlement Agreement," if applicable. Record Doc. 9209. These motions are granted solely and exclusively for purposes of permitting intervenors to assert their claims. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 8/12/2016. (Reference: 11-2766, 11-3180)(my)(NEF: HON. CARL J. BARBIER, HON. JERRY A. BROWN)
August 23, 2016
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the Vessels SIR LAWRENCE, CAPT T, LADY KATHLEEN and Others (Rec. Doc. 14761) is GRANTED IN PART and with respect to Christine Ho and DENIED IN PART and with respect to Gulf Finest Investment Co., LVS Investment Group Inc., Sinh Tran, and Ngoc Lam as set forth in document. Signed by Judge Carl Barbier on 8/23/16. (Reference: 12-970)(sek)ORDER & REASONS: ORDERED that the Claimants' Motion for Leave to File Sur-Reply (Rec. Doc. 15559) is GRANTED. IT IS FURTHER ORDERED that the Motion of the Deepwater Horizon Economic Claims Center for Return of Payments Made to Claimants from
October 4, 2016
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ORDER re 12934 Motion to Set Aside the Claims Administrator's Determination, 14073 Motion to Award Compensatory Damages for Bodily Injury, 15713 Motion to Set Aside the Zone A map in the Medical Settlement. It is ORDERED that the motions filed by David Strong (Rec. Docs. 12934, 14073, 15713) are DENIED. Signed by Judge Carl Barbier. (Reference: 12-968) (cc: David Strong, Deepwater Horizon Medical Benefits Claims Administrator) (gec)
October 25, 2016
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set forth in document. The allocation of the common benefit fee among the common benefit attorneys shall be determined at a later date and in accordance with the procedures set forth in PTO 59 (Rec. Doc. 14863) and any amendments thereto and the Court's Order of July 28, 2016, appointing John W. Perry as Special Master (Rec. Doc. 21281). Signed by Judge Carl Barbier on 10/25/16.(Reference: Nos. 12-970, 12-968, and All Cases)(sek)ORDER & REASONS [Aggregate Common Benefit Fee and Costs Award] re 21098 Petition for Reimbursement of Expenses and Collective Common Benefit Fee Award ("Aggregate Fee Petition," Rec. Doc. 21098) filed by the Common Benefit Fee and Cost Committee; ORDERED that the Petition for Reimbursement of Expenses and Collective Common Benefit Fee Award (Rec. Doc. 21098) is GRANTED. FURTHER ORDERED that a common benefit fee and cost award of $600,000,000.00 is APPROVED and AWARDED as
November 30, 2016
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ORDER AND REASONS DENYING 21879 Motion to Compel Responses to Post-Judgment Interrogatories as set forth in document. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 11/30/2016. (Reference: 12-970)(my)
May 22, 2017
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ORDER AND REASONS GRANTING IN PART AND DENYING IN PART 22267 Motion for Attorney Fees as set forth in document. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 5/22/2017. (Reference: 13-1971, 10-8888 Doc 133248, 10-9999 Doc 401, 14-1525)(my)
September 21, 2017
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ORDER & REASONS as to BP's Dispositive Motion as to Presentment (Rec. Doc. 22480). It is ORDERED that the motion is GRANTED IN PART. It is FURTHER ORDERED that the claims asserted by the following plaintiffs are DISMISSED WITH PREJUDICE: 10-2771 Louisiana Workers' Compensation Corporation; 16-6349 Dailey's Iron & Machine Works, Inc; 16-6334 Midnite Energy, Inc; 16-7295 Monster Heavy Haulers, LLC; 16-7262 Fred Gossen Company, LLC; 16-6337 The Carmel Group, Inc; 16-6383 Finance Motors of Crowley, LLC; 16-7269 Hernandez Properties, LLC; 16-6009 James Crocker; 16-6233 Hilton Creel; 16-6339 Carmel Enterprises, LLC; 13-1146 & 16-4184 Ballay, Braud & Colon, PLC; 16-4104 Sanderson Realty, Inc; 16-6384 Deep South Machine, Inc; 16-6364 Fred Gossen Carmel Foods, LLC; 15-1943 Williams Fabrication Inc; 16-7273 Highway 14 Cattle Company; 16-6017 Barfield Produce, LLC; 16-3927 Bunni J. Ladner; 13-2791 & 16-6309 Omar Garcia. The Clerk of Court is instructed to close those of the above cases with no remaining plaintiffs. It is FURTHER ORDERED that the personal injury claims of Kent McConaghy and Kara McConaghy, individually and on behalf of their children, asserted in case no. 17-3116 are PRESERVED and are not dismissed. It is FURTHER ORDERED that the claims of the McConaghys asserted in case nos. 13-5369, 13-5371, and 16-5862 are DISMISSED as stated within document. It is FURTHER ORDERED that all claims by all other remaining plaintiffs in case nos. 13-5369 and 13-5371 are DISMISSED, and the Clerk of Court shall close case nos. 13-5369 and 13-5371 as stated within document. Signed by Judge Carl Barbier. (Reference: Certain Cases Remaining in the B1 Pleading Bundle) (gec)
October 20, 2017
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ORDER & REASONS. It is ORDERED that BP's Dispositive Motion as to Released Claims (Rec. Doc. 22479) is GRANTED IN PART and the following claims are DISMISSED with prejudice: Lamulle Construction, L.L.C. 16-4181, Alabama Roll, Inc. 13-2232, Cephas Concrete (Patrick D Franklin, Sr.) 16-6003, Cutting Horse Yachts, LLC d/b/a Chittum Skiffs 16-5831, Barry Gene Fanguy 13-1900, Sidney Rafael Floyd, Jr. 16-3804, Fred Gossen Co., LLC 16-7262, Mitchell Lee Galbreath 13-1626, Harris Builders, LLC 16-5451, Ryan C. Harry 16-3878, Kibbe & Company, Inc. 13-2677, Samuel Jay Lyons 16-5770, Nicole Moxey 16-5906, OBrien Crab Company (Stacie T. OBrien) 16-4799, Peyton Cottrell Interest, Inc. 13-1829, RK Turbine Consultants, LLC 16-6980, Richard Lee Blito file sur-reply (Rec. Doc. 23327) is DENIED. Signed by Judge Carl Barbier. (Attachments: # (1) Exhibits A - B) (Reference: Certain Cases Remaining in the B1 Pleading Bundle)(gec) (copy mailed to Raymond Merchant)ck 16-4061, Richard E. Seward, Sr. 16-4068, Richard E. Seward, Jr. 16-4072, Jelp Barber 16-5533, Johnny's Clams, Inc. 16-5541, David K. Edwards 16-6696, Dach V. Hoang 16-6071, Tuoi Pham 16-6200, DDK Partners 16-7155. It is FURTHER ORDERED that the claims of Mark Mead (No. 10-3261) and Raymond Merchant (No. 15-4290) are DISMISSED IN PART and only insofar as they assert "Released Claims" as stated within document. To the extent Mead or Merchant assert "Bodily Injury Claims," "Moratoria Losses," or any other "Expressly Reserved Claims," as defined under the Economic Settlement, those claims are NOT dismissed. It is FURTHER ORDERED that Perry Family Properties, LLC's Motion to Amend Sworn Statement (Rec. Doc. 23159) is GRANTED. It is FURTHER ORDERED that the motions for leave to file sur-replies by Jelp Barber and Johnny's Clams, Inc. (Rec. Docs. 23320, 23322) are GRANTED. It is FURTHER ORDERED that the motion for leave
November 7, 2017
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ORDER AND REASONS: IT IS ORDERED that plaintiff's motion to dismiss, Record Doc. No. 23280, is GRANTED IN PART and that Intervenors' Motion for Fees and Costs Pursuant to Contingency Fee Agreement, Record Doc. No. 23266, is DISMISSED WITHOUT PREJUDICE, so that the dispute may be determined in the 25th Judicial District Court in Plaquemines Parish. The motion is DENIED in all other respects. IT IS FURTHER ORDERED that the funds in the registry of the court, Record Doc. Nos. 23450, 23482, shall remain there until the parties file an appropriate motion to transfer the funds to the registry of the 25th Judicial District Court in Plaquemines Parish or otherwise account for the disposition of the funds. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 11/7/2017.(Reference: 11-916)(mmv) (NEF: HON. CARL J. BARBIER)
November 22, 2017
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ORDER & REASONS: It is ORDERED that Peggy Kemp's Motion to Remand (Rec.Doc. 7375) is DENIED. It is FURTHER ORDERED that Defendants' Motion to Dismiss the Claims of Peggy Kemp and Dorothy Bright Clark (Rec. Doc. 23011) is GRANTED. It is FURTHER ORDERED that the claims of Peggy Kemp (No. 12-1895 & No. 13-6013) and Dorothy Bright Clark (No. 11-945) are DISMISSED WITH PREJUDICE. Signed by Judge Carl Barbier. (Reference: 12-1895, 13-6013, 11-945)(gec)
March 6, 2018
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ORDER & REASONS. IT IS ORDERED that Defendants' Motion to Dismiss (Rec. Doc. 22589) is GRANTED and the claims of the Mexican State of Yucatan are DISMISSED with prejudice. Signed by Judge Carl Barbier. (Reference: 13-6649)(gec)
March 19, 2018
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ICE. Signed by Judge Carl Barbier on 3/16/2018. (Reference: 16-17466)(cg)ORDER AND REASONS denying 22032 Motion for Leave to File; denying 22246 Motion to Amend/Correct; denying 24102 Motion for Default Judgment. IT IS FURTHER ORDERED that all claims asserted in member case No. 16-17466 are DISMISSED WITH PREJUD
March 29, 2018
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ORDER & REASONS: IT IS ORDERED that the Motions to Require Immediate Payment or a Supersedeas Bond (No. 10-md-2179, Rec. Docs. 24071-24076, 24213; No. 17-16366, Rec. Doc. 8; No. 18-435, Rec. Doc. 5) are DENIED. Signed by Judge Carl Barbier. (Reference: 12-970, 18-435, 17-16366, 17-16241, 17-17789, 17-16248, 17-16266, 17-16245, 17-17790)(gec)