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Current Developments
Last Updated:
04/16/2008
ATTENTION RESIDENTS OF ST. BERNARD
PARISH: PLEASE READ THIS NOTICE
AS IT MAY AFFECT YOUR LEGAL RIGHTS. Please see this
Map [Exhibit B] to determine
whether your house or business is in the Class Action.
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April 14, 2008 |
A conference was held on this date in the Chambers of Judge Eldon E.
Fallon with Special Master Judge Robert Klees. Special Master Klees
delivered his Preliminary Report regarding the allocation of the
common benefit fund. Counsel are reminded that pursuant to Special
Master Klees’ Case Management Order they have ten days from the date
of the Preliminary Report to serve objections to the Preliminary
Report on the Special Master and counsel to the Special Master, Mr.
Dominic Gianna. Further information can be found in the
Court’s Minute Entry. |
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February 19, 2008 |
The Court has entered three Case Management Orders (Rec. Doc. Nos.
2140,
2141, and
2142) to address the damages
issues for those Plaintiffs who opted out of the Settlement Agreement.
For further information, please see the Court’s Orders. |
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October 22, 2007 |
Pursuant to the Court’s Order, a
status conference shall be held on November 8, 2007 at 9:30 a.m. in
the Courtroom of Judge Eldon E. Fallon to discuss the future
proceedings with opt-out plaintiffs, including selecting trial dates. |
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July 17, 2007 |
The status conference that was scheduled for July 12, 2007, at 2:00
p.m. has been continued to July 26, 2007, at 9:00 a.m. Please see the
Court’s Order regarding this
issue. |
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July 2, 2007 |
A status conference was held in the Courtroom of Judge Eldon E. Fallon
on June 14, 2007 at 9:00 a.m. to discuss the method for future
proceedings with opt-outs and plaintiffs in related cases. For further
information, please see the Court’s
Minute Entry from the proceedings. Another status conference
will be held in the Courtroom of Judge Eldon E. Fallon on July 12,
2007 date at 2:00 p.m. to further discuss this issue. |
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May 4, 2007 |
A status conference was held in the Courtroom of Judge Eldon E. Fallon
on April 18, 2007 at 9:00 a.m. to discuss the method for future
proceedings with opt-outs and plaintiffs in related cases. For further
information, please see the Court’s
Minute Entry and the Transcript
from the proceedings. |
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April 24, 2007 |
The Court issued an Order appointing
Retired Judge Robert Klees to assist with apportionment of the
attorney fee award. The appointment was made after a hearing was held
in the Courtroom of Judge Eldon E. Fallon on April 20, 2007. For more
information on the hearing, please see the
Transcript
from the proceedings. |
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May 3, 2007 |
On April 25, 2007, the Court ordered that the attached Notice for
Failure to Provide Access for Remediation
be provided to class action property owners and residents. |
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March 20, 2007 |
Pursuant to the Court’s Order a status
conference shall be held on April 18, 2007 at 9:00 a.m. in the
Courtroom of Judge Eldon E. Fallon to discuss the method for future
proceedings with opt-outs and plaintiffs in related cases. |
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January 30, 2007 |
The Court granted final approval of the Class Action Settlement. The
Court ordered Murphy to pay attorneys’ fees, expenses, and class
representative incentive awards. The Court also ordered that Pretrial
Orders No. 8 and 8A be vacated and that all amounts set-aside from
voluntary settlement awards in accordance with these Pretrial Orders
be refunded to the parties from whom they were withheld. Please see
the Court’s Order and Reasons and the
Final Judgment for more information |
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January 10, 2007 |
A fairness hearing was held on January 4, 2007 in the Courtroom of
Judge Eldon E. Fallon. At the hearing, the Court heard argument
regarding the fairness of the settlement program to determine whether
it should be granted final approval. The Court also heard a statement
from Special Master Judge Robert Klees regarding the withdrawal of
objections and statements from two objectors. This matter is presently
under submission. Please see a copy of the Court’s Minute Entry, which
will be posted shortly, for more information. |
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November 28, 2006 |
The PSC filed a Motion for Common Benefit
Fees and Expenses on November 13, 2006, and Murphy filed a
Memorandum in Opposition on November
29, 2006. The Court has this matter
under advisement. |
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October 10, 2006 |
A hearing was held on this date in the Courtroom of Judge Eldon E.
Fallon. At the hearing, the Court preliminarily approved the parties’
Settlement Agreement and Notice Program and set the date of the
fairness hearing for final approval of the Settlement Agreement for
January 4, 2007 at 9:00 a.m. Please see the Court’s
Order Granting Preliminary Approval of the
Class Settlement and Notice Program and the
Settlement Agreement. |
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September 25, 2006 |
A status conference was held on this date in the Chambers of Judge
Eldon E. Fallon. At the conference, counsel stated that they come to
an amicable resolution of the case and have executed a
Memorandum of Understanding. The
parties will present a Final Settlement Agreement and Notice Program
to the Court on October 10, 2006 at 5:00 p.m. The Phase One trial
scheduled to begin on October 2, 2006 is CANCELLED. These matters are
memorialized in the Court’s Minute
Entry, dated September 25, 2006. |
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August 31, 2006 |
The monthly status conference was held on August 23, 2006 in the
Courtroom of Judge Eldon E. Fallon. At the conference, counsel
discussed the topics set forth in their
Joint Agenda,
including notice and implementation of the clean-up plan. These
matters are memorialized in the Court’s
Minute Entry [#505], dated August
23, 2006. |
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August 1, 2006 |
The monthly status conference was held on July 28, 2006 in the
Courtroom of Judge Eldon E. Fallon. At the conference, counsel
discussed the topics set forth in their
Joint Agenda, including
discovery issues and Plaintiff expert reports. These matters are
memorialized in the Court’s
Minute Entry [#479], dated July 28, 2006. |
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June 16, 2006 |
The monthly status conference was held on this date in the Courtroom
of Judge Eldon E. Fallon. At the conference, counsel discussed the
topics set forth in their
Joint Agenda,
including a potential opt-in period and protocol for opting in,
Plaintiffs’ response to Murphy’s discovery, the Vita Owens situation,
and Wayne Duchmann. These matters are memorialized in the Court’s
Minute Entry [#393]
dated June 12, 2006. |
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June 6, 2006 |
Please see the revised Discovery
Plan for Phase One [#388] for relevant discovery
deadlines. |
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May 16, 2006 |
The trial of Phase One is continued from August 14, 2006 to October 2,
2006. Please see the Court’s Order[#364] regarding this issue. |
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May 16, 2006 |
A monthly status conference was held on this date in the Courtroom of
Judge Eldon E. Fallon. At the conference, the Court addressed issues
raised by counsel in their Joint Agenda, including ongoing
disclosure of test results, discovery regarding punitive damages,
Plaintiffs’ responses to Murphy’s discovery requests, amended
discovery plan, notice to all parties of discovery, Murphy’s motion to
clarify 7% set-asides, and safety training of Plaintiffs’ experts at
Murphy’s facility. These matters are memorialized in the Court’s
Minute Entry [#363] dated May 16, 2006. |
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April 6, 2006 |
A monthly status conference was held on this date in the Courtroom of
Judge Eldon E. Fallon. At the conference, the Court addressed issues
raised by counsel in their
Joint Agenda,
including discovery plan modification for tank-related discovery,
distribution of property test results to class members, class notices
sent to those who request it from Murphy, LDEQ intervention,
production of documents from the public domain from the Army Corps of
Engineers, set-asides in light of Murphy’s expanded settlement area,
and discovery problems. These matters are memorialized in the Court’s
Minute Entry [#283] dated
April 6, 2006. In addition, the Court heard argument on Plaintiffs’
Motion to Modify Court’s Set-Aside Order (see
Pretrial Order No. 8A [#284])
and on Defendant’s Motion for Contempt (see this
Minute Entry [#282]). |
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March 27, 2006 |
Please see the Court’s Order and
Reasons [#277] regarding the Plaintiffs’ Steering Committee’s
Motion for Order to Set Aside Percentages for Common Benefit Work. |
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March 20, 2006 |
Please see the Discovery Plan
[#270] implemented by the parties and approved by the Court on
this date. |
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March 3, 2006 |
Please see the Court’s Order and
Reasons [#257] approving the Trial Plan in this matter. |
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March 2, 2006 |
A monthly status conference was held on this date in the Courtroom of
Judge Eldon E. Fallon. At the conference, the Court addressed issues
raised by counsel in their Joint Agenda, including the trial plan,
class area testing and sampling plan, class notice dissemination,
Murphy tank testing and sampling plan, and the Motion to Rescind
Protective Order. These matters are memorialized in the Court’s
Minute Entry [#255] dated
March 2, 2006. |
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February 3, 2006 |
Please see the Court’s Order and
Reasons approving Rule
23(c)(2) Notice to Class Members. The notice is attached to the Order
and Reasons. |
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February 1, 2006 |
Murphy Oil has informed the Court that it intends to appeal class
certification. In connection with that appeal, the Court has denied
the Defendant’s Motion to Stay Proceedings. Please see the Court’s
Order
dated January 31, 2006. |
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January 31, 2006 |
A monthly status conference was held on this date in the Courtroom of
Judge Eldon E. Fallon. At the conference, the Court addressed issues
raised by counsel in their Joint Agenda, including the Plaintiffs’
Motion for Class Certification and Trial Plan, Plaintiffs’ Proposed
Order regarding accounting of common benefit time and expenses, and
issues surrounding clean-up of the properties at issue. These matters
are memorialized in the Court’s
Minute Entry dated
January 31, 2006. |
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January 30, 2005 |
Please see the Court's
Order and Reasons regarding Plaintiffs' Motion for Class
Certification. See also Exhibit A and
Exhibit B (class certification map). |
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December 20, 2005 |
A monthly status conference was held on this date in the Courtroom of
Judge Eldon E. Fallon. At the conference, the Court addressed issues
raised by counsel in their Joint Agenda, including issues related to
class certification discovery, Murphy Oil’s settlements with
represented Plaintiffs, Plaintiffs’ Notice of Objection to Discovery
propounded by Murphy, the parties’ use of the media and public
announcements, and the Defendant’s Motions to Dismiss. These matters
are memorialized in the Court’s Minute Entry dated
December 20, 2005.
Please also see the Court’s
Order and Reasons
regarding Defendant’s Motions to Dismiss. |
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November 22, 2005 |
Please see the Court’s Minute Entry dated November 22,
2005. The Court shall hear the Plaintiffs’ Motion for Class
Certification on January 12, 2006. |
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November 15, 2005 |
Please see the Court’s Order and Reasons
dated November 10, 2005 regarding Plaintiffs’ Motion to Supervise Ex Parte
Communications. |
| November 8, 2005 |
A monthly status conference was held on this date in the Courtroom of
Judge Eldon E. Fallon. At the conference, the Court addressed issues
raised by counsel in their Agenda,
including case management, the joint protective and preservation order,
Plaintiffs’ First Request for Entry Upon Land for Inspection and Other
Purposes and For Inspection Protocol, Plaintiffs’ Motion and Order for
Appointment of Interim Class Counsel, and settlement class discussions.
These matters are memorialized in the Court’s
Minute Entry dated November 8, 2005. |
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