Current Developments
Last Updated: 02/22/2012
 

NOTICE: THE COURT HAS ISSUED AN ORDER REGARDING PRESS AND PUBLIC ACCESS TO THE TRIAL STARTING FEB. 27, 2012.


February 22, 2012

On this date, the Court issued an Order regarding the United States’, Transocean’s, and Anadarko’s Cross-Motions for Partial Summary Judgment on liability under the Oil Pollution Act and Clean Water Act.

February 17, 2012

On this date, the Court issued an Order regarding access to the trial by the press and public.

February 15, 2012

On this date, the Court issued an Order unsealing documents connected to Weatherford’s Motion for Summary Judgment.

February 7, 2012

On this date, the Court issued an Order addressing some frequently asked  questions received from the press and the public regarding the Feb. 27, 2012 trial.

February 3, 2012

On this date, the Court held a Pretrial Conference regarding the trial scheduled to commence on February 27, 2012.

January 31, 2012

On this date, the Court issued an Order changing the time of the 2/3/12 Pretrial Conference to 8:30 a.m. This Pretrial Conference is not a public hearing in court, but intended as a chambers conference with only trial counsel to discuss logistical or other issues relating to the trial scheduled to commence on February 27, 2012.

The Court also issued an Order granting in part and denying in part Halliburton’s and BP’s Cross-Motions for Partial Summary Judgment regarding contractual indemnity.

January 26, 2012

On this date, the Court issued an Order granting in part and denying in part Transocean’s and BP’s Cross-Motions for Partial Summary Judgment regarding contractual indemnity.

January 19, 2012

On this date, the Court held a Status Conference. The monthly status conference was transcribed by Cathy Pepper, Official Court Reporter. Counsel may contact her at (504) 589-7779 to request a copy of the transcript. The Pretrial Conference will be on Friday, February 3, 2012, at 9:30 a.m. C.S.T. This final Pretrial Conference is not a public hearing in court, but intended as a chambers conference with trial counsel to discuss logistical or other issues relating to the trial scheduled to commence on February 27, 2012.

January 18, 2012

On this date, the Court issued a Tentative Agenda for the January 19, 2012 Status Conference.

The Court issued an Order amending and superseding previous Orders relative to the Court-supervised escrow account and reserve.

The Court issued Pretrial Order 48, amending Pretrial Order 26 and appointing Attorney General James D. "Buddy" Caldwell as Co-Coordinating Counsel for State Interests.

January 4, 2012

On this date, the Court issued an Order amending and clarifying its Order of December 28, 2011, which established a Court-supervised escrow account and reserve.

December 28, 2011

On this date, the Court issued an Order establishing a Court-supervised escrow account and reserve.

December 21, 2011

On this date, the Court issued an Order rescheduling the next Status Conference for January 19, 2012 at 9:30 a.m.

December 16, 2011

On this date, the Court issued held a Status Conference. The monthly status conference was transcribed by Cathy Pepper, Official Court Reporter. Counsel may contact her at (504) 589-7779 to request a copy of the transcript. The next Status Conference will be on Friday, January 20, 2011, at 9:30 a.m. C.S.T.

December 15, 2011

On this date, the Court issued a Tentative Agenda for the December 16, 2011 Status Conference.

December 9, 2011

On this date, the Court issued an Order granting in part and denying in part Defendants’ Motions to Dismiss the Local Government Entity Master Complaint and certain other cases within Pleading Bundle C.

November 18, 2011

On this date, the Court held a Status Conference. The monthly status conference was transcribed by Cathy Pepper, Official Court Reporter. Counsel may contact her at (504) 589-7779 to request a copy of the transcript. The next Status Conference will be on Friday, December 16, 2011, at 9:30 a.m. C.S.T.

On this date, the Court issued a Revised Tentative Agenda for the November 18, 2011 status conference.

November 16, 2011

On this date, the Court issued a Tentative Agenda for the November 18, 2011 status conference.

November 15, 2011

On this date, the Court issued an Order, denying the BP entities’ Motion for Judgment on the Pleadings in the Insurance Actions, Case Nos.11-274 and 11-275.

November 14, 2011

On this date, the Court issued an Order, granting in part and denying in part Defendants’ Motions to Dismiss the Complaints of the States of Alabama and Louisiana.

October 21, 2011

On this date, the Court held a Status Conference. The monthly status conference was transcribed by Cathy Pepper, Official Court Reporter. Counsel may contact her at (504) 589-7779 to request a copy of the transcript. The next Status Conference will be on Friday, November 18, 2011, at 9:30 a.m. C.S.T.

October 19, 2011

On this date, the Court issued a Tentative Agenda for the October 21, 2011 status conference.

October 12, 2011

On this date, the Court issued an Order, granting the Joint Motion to Dismiss the claims asserted in the B4 Pleading Bundle.

October 5, 2011

On this date, the Court issued Pretrial Order #46, appointing Plaintiffs’ Liaison Counsel, Plaintiff Executive Committee, and Plaintiffs’ Steering Committee.  The Court also issued Pretrial Order #47, regarding designation of documents as "Confidential" or "Highly Confidential" pursuant to Pretrial Order #13.

October 4, 2011

On this date, the Court issued an Amended Order, granting in part and denying in part Defendants’ Motions to Dismiss the B3 Master Complaint (amending Order of September 30, 2011).

October 3, 2011

On this date, the Court issued Pretrial Order #44, relating to deposition protocol, and Pretrial Order #45, relating to the use of sample reference material.

September 30, 2011

On this date, the Court issued an Order, granting in part and denying in part Defendants’ Motions to Dismiss the B3 Master Complaint).

September 21, 2011

On this date, the Court issued Pretrial Order #43, relating to the definition of "sample" and the Court’s preservation requirements.

September 16, 2011

On this date, the Court held a Status Conference. The monthly status conference was transcribed by Cathy Pepper, Official Court Reporter. Counsel may contact her at (504) 589-7779 to request a copy of the transcript. The next Status Conference will be on Friday, October 21, 2011, at 9:30 a.m. C.D.T.

The Court also issued Pretrial Order #42, approving forms for Short-Form Joinder and Plaintiff Profile Form amendments and dismissals, adopting forms for the release of medical and employer information, and vacating Pretrial Order 34.

September 14, 2011

On this date, the Court issued Pretrial Order #41 (Case Management Order # 3; Amended on September 21, 2011), governing the scope and structure of the Trial scheduled for February 27, 2012. The Court also issued a Tentative Agenda for the September 16, 2011 status conference.

September 12, 2011

On this date, the Court issued an Order, regarding the creation and management of a shared database to house data for Bundle B1, Bundle B3, and Bundle C Plaintiffs.

September 9, 2011

On this date, the Court issued a Stipulated Order setting deadlines for certain pleadings relative to the B1 Master Complaint, B3 Master Complaint, Limitation Action (10-2771), and United States v. BP Exploration & Production Inc., et al. (10-4536).

August 26, 2011

On this date, the Court issued an Order, granting in part and denying in part Defendants’ Motions to Dismiss the B1 Bundle Master Complaint.

August 12, 2011

On this date, the Court held a Status Conference. The monthly status conference was transcribed by Cathy Pepper, Official Court Reporter. Counsel may contact her at (504) 589-7779 to request a copy of the transcript.

August 11, 2011

On this date, the Court issued an Updated Tentative Agenda for the August 12, 2011 status conference.

August 10, 2011

On this date, the Court issued a Tentative Agenda for the August 12, 2011 status conference.

July 20, 2011

On this date, the Court issued an Order, denying BP’s Motion to Dismiss Transocean’s Complaint in Intervention in the Insurance Actions.

July 15, 2011

On this date, the Court issued an Order, granting BP’s Motion to Stay Proceedings Between BP and Anadarko.

On this date, the Court also issued an Order, granting BP’s Motion to Dismiss Plaintiffs’ RICO Claims (B2 Pleading Bundle).

On this date, the Court issued an Order, granting Plaintiffs’ Motion on the Admissibility of the Boots and Coots Report.

July 12, 2011

On this date, the Court issued Pretrial Order #40 which addresses the return of tangible items in the possession of the JIT to designated owners.

July 8, 2011

On this date, the Court held a Status Conference. The monthly status conference was transcribed by Cathy Pepper, Official Court Reporter. Counsel may contact her at (504) 589-7779 to request a copy of the transcript. The next status conference will be Friday, August 12, 2011, at 8:30 a.m.

The Court also issued Pretrial Order #38 relating to confidentiality of settlement negotiations, Pretrial Order #39 relating to testing of samples, an Order granting BP’s Motion for Non-Applicability of Preservation of Evidence Obligations, and a Case Management Order regarding limited discovery and mediation in connection with Vessels of Opportunity Program contract matters.

July 6, 2011

On this date, the Court issued a Tentative Agenda for the July 8, 2011 status conference.

June 24, 2011

On this date, the Court issued Pretrial Order #37 relating to United States’ and Natural Resource Trustees’ testing of samples.

June 20, 2011

On this date, the Court issued an agreed-upon Case Management Order governing insurance actions.

June 16, 2011

On this date, the Court issued an Order relating to BP’s Motion to Stay Proceedings Between BP and Anadarko and instructing the parties to submit further briefing.

On this date, the Court issued an Order granting Defendants’ Motions to Dismiss Plaintiffs’ D1 Master Complaint, which included claims for injunctive and regulatory relief.

May 26, 2011

On this date, the Court held a Status Conference. The monthly status conference, including the oral argument on the Motions to Dismiss, was transcribed by Cathy Pepper, Official Court Reporter. Counsel may contact her at (504) 589-7779 to request a copy of the transcript. The next status conference will be Friday, July 8, 2011, at 9:30 a.m.

May 23, 2011

On this date, the Court issued an Agenda for the May 26, 2011 status conference.

May 16, 2011

On this date, the Court issued Pretrial Order #36 regarding the production of confidential information by the United States.

On this date, the Court also issued an Amendment to Pretrial Orders #1 and #14 regarding communications between counsel for the United States, the States, and the Plaintiffs’ Steering Committee.

May 12, 2011

On this date, the Court issued an Order denying certain Plaintiffs’ Motion to Clarify Pretrial Order #34.

April 29, 2011

On this date, the Court held a Status Conference. The monthly status conference was transcribed by Cathy Pepper, Official Court Reporter. Counsel may contact her at (504) 589-7779 to request a copy of the transcript. The next status conference will be Thursday, May 26, 2011, at 8:30 a.m.

On this date, the Court also issued Pretrial Order #35, amending Pretrial Order #30 governing out-of-date samples.

April 27, 2011

On this date, the Court issued an Agenda for the April 29, 2011 status conference.

April 15, 2011

On this date, the Court issued an Order, vacating the St. Joe’s Company’s Notices of Voluntary Dismissals in two member cases.

April 12, 2011

On this date, the Court issued Pretrial Order #34, requiring leave of court for dismissals without prejudice.

March 25, 2011

On this date, the Court held a Status Conference. The monthly status conference was transcribed by Cathy Pepper, Official Court Reporter. Counsel may contact her at (504) 589-7779 to request a copy of the transcript. The next status conference will be Friday, April 29, 2011, at 9:30 a.m.

On this date, the Court also issued an Order granting BP’s Motion for Access to the Deepwater Horizon blowout preventer (Rec. Doc. 1533).

March 24, 2011

On this date, the Court issued an Agenda for the March 25, 2011 status conference.

On this date, the Court also issued a Stipulated Order governing deadlines in connection with Petitioners’ Rule 14(c) Third-Party Complaint and Certain Bundle C Pleadings.

March 15, 2011

On this date, the Court issued an Order, which permits the Plaintiffs’ Steering Committee to provide Commonly Asked Questions to potential claimants.

On this date, the Court issued another Order, regarding deadlines for answers, cross-claims, and third-party complaints.

March 9, 2011

On this date, the Court issued Pretrial Order #33, which provides the Short-Form Joinder form for local government entities and deems Short-Form Joinders filed in CA 10-9999 to be filed within MDL 2179 and the Limitation Action, CA 10-2771.

March 3, 2011

On this date, the Court issued Pretrial Order #32 (Case Management Order #2), which includes a revised case management schedule.

On this date, the Court issued Pretrial Order # 31, which clarifies the master complaints, short-form joinders, and responsive pleadings.

February 25, 2011

On this date, the Court held a Status Conference. The monthly status conference was transcribed by Cathy Pepper, Official Court Reporter. Counsel may contact her at (504) 589-7779 to request a copy of the transcript. The next status conference will be Friday, March 25, 2011, at 9:30 a.m.

On this date, the Court issued three Orders relating to parties’ preservation-of-evidence obligations: Pretrial Order # 30 (granting the United States’ Motion regarding out-of-date samples), Order (granting the United States’ Motion regarding destructive testing of rock samples and drill cuttings), and Order (granting BP’s Motion regarding various equipment).

On this date, the Court also issued Pretrial Order # 29, regarding documents produced by BP in the Texas City Litigation.

February 23, 2011

On this date, the Court issued an Order, which grants the Plaintiffs’ Steering Committee’s Motion for Court Approval of Proposed Notice (Rec. Doc. 1126).

On this date, the Court also issued a Tentative Agenda for the February 25, 2011 status conference.

February 14, 2011

On this date, the Court issued Pretrial Order # 28, which amends Pretrial Order # 25 and Pretrial Order # 11 regarding responsive pleadings deadlines.

February 2, 2011

On this date, the Court issued an Order, which grants in part Plaintiffs’ Motion to Supervise Ex Parte Communications Between BP Defendants and Putative Class Members (Rec. Doc. 912).

On this date, the Court also issued an Order, granting the State of Louisiana’s Motion for Confirmation of Non-Applicability of, or Exemption from, Certain Party-Plaintiff Requirements (Rec. Doc. 876).

January 28, 2011

On this date, the Court held a Status Conference. The monthly status conference was transcribed by Cathy Pepper, Official Court Reporter. Counsel may contact her at (504) 589-7779 to request a copy of the transcript. The next status conference will be Friday, February 25, 2011, at 9:30 a.m.

January 27, 2011

On this date, the Court issued Pretrial Order # 27, which amends Pretrial Order # 17 on deposition protocol.

On this date, the Court issued Pretrial Order # 26, announcing the appointment of Government Coordinating Counsel.

On this date, the Court also issued a Tentative Agenda for the January 28, 2011 status conference.

January 12, 2011

On this date, the Court issued Pretrial Order # 25, which clarified the pleading bundles, responsive pleadings, and the master complaints, as well as provided the Amended Plaintiff Profile Form and the Short-Form Joinder form.

On this date, the Court also issued Pretrial Order # 24, which deemed Short-Form Joinders filed in CA 10-8888 to be filed within MDL 2179 and the Limitation Action, CA 10-2771.

January 4, 2011

On this date, the Court issued Pretrial Order # 23, which provides notification to unrepresented defendants of depositions.

On this date, the Court also issued Pretrial Order # 22, relating to the United States’ preservation of documents and electronically stored information.

January 3, 2011

On this date, the Court issued Pretrial Order # 21, which designates the location of BP employee depositions.

December 17, 2010

On this date, the Court held a Status Conference. The monthly status conference was transcribed by Cathy Pepper, Official Court Reporter. Counsel may contact her at (504) 589-7779 to request a copy of the transcript. The next status conference will be Friday, January 28, 2011, at 9:30 a.m.

Also on this date, the Court issued an Order, granting the United States’ First Amended Petition for Enforcement of Administrative Subpoena (Rec. Doc. 6 in member case 10-4397).

Lastly, the Court issued Pretrial Order # 20, which outlines direct-file procedures for parties wishing to join in a Master Complaint.

December 15, 2010

On this date, the Court issued a Tentative Agenda for the December 17, 2010 status conference.

December 2, 2010

On this date, the Court issued Pretrial Order # 19, which sets the dates for status conferences through February 2012.

December 1, 2010

On this date, the Court issued Pretrial Order # 18, which governs discovery of experts.

November 19, 2010

On this date, the Court held a Status Conference. The monthly status conference was transcribed by Cathy Pepper, Official Court Reporter. Counsel may contact her at (504) 589-7779 to request a copy of the transcript.  The Court scheduled the next status conference for Friday, December 17, 2010, at 9:30 a.m.

Also on this date, the Court issued an Order, which outlines how Defendant BP will treat different categories of items having varying degrees of evidentiary worth (Rec. Doc. 780).

November 17, 2010

On this date, the Court issued a Tentative Agenda for the November 19, 2010 status conference.

November 16, 2010

On this date, the Court issued Pretrial Order # 17, which outlines deposition protocol.

November 8, 2010

On this date, the Court issued Pretrial Order # 16, which outlines discovery procedures and format relating to the production of documents and electronic data.

November 5, 2010

On this date, the Court issued Pretrial Order # 15, which continues without hearing all pending and future motions. No responses to motions are due until two weeks before the hearing date, which will be set by the Court in due course.

November 3, 2010

On this date, the Court issued an Order granting relief to Anadarko Petroleum Corporation from the preservation of evidence obligations in Pretrial Order # 1 (Rec. Doc. 650).

Also on this date, the Court issued Pretrial Order # 14, which governs the treatment of privileged and work product materials.

November 2, 2010

On this date, the Court issued Pretrial Order # 13, which outlines procedures for protecting confidential material during the discovery process.

Also on this date, the Court issued an Order introducing the Plaintiff Profile Form pursuant to Pretrial Order # 11. The deadline for completion of the form is November 22, 2010 (Rec. Doc. 642).

October 29, 2010

On this date, the Court issued an Order ordering Halliburton Energy Services, Inc. to provide cementing components to the Joint Investigation Team and ordering that no destructive testing on the cementing components be conducted (Rec. Doc. 617).

October 26, 2010

On this date, the Court issued Pretrial Order # 12, which outlines the procedure for filing documents in MDL 2179 and the process for registering with LexisNexis File & Serve.

October 25, 2010

On this date, the Court issued an Order denying Abdon Callais Offshore’s Motion to Compel Arbitration and Stay Litigation (Rec. Doc. 114).

October 22, 2010

On this date, the Court received a Letter from Don K. Haycraft regarding BP’s position on presentment of claims to the Gulf Coast Claims Facility.

October 21, 2010

On this date, the Court received a Letter from Kenneth R. Feinberg regarding the Gulf Coast Claims Facility’s intent to comply with the provisions of Pretrial Order #1.

October 18, 2010

On this date, BP filed a Statement with the Court regarding its position on the applicability of limit of liability under the Oil Pollution Act of 1990.

Also on this date, the Court also issued Pretrial Order # 11 (Case Management Order #1), which establishes important dates and deadlines.

Additionally, the Court issued Pretrial Order # 10, which appoints the members of the Defense Steering Committee and the Defense Liaison Counsel.

October 15, 2010

On this date, the Court held a Pretrial Conference in which matters pertaining to proposed Case Management Order #1 were discussed. The Court scheduled the next pretrial conference for Friday, November 19, 2010 at 9:00 a.m.

October 14, 2010

On this date, the Court issued a Tentative Agenda for the October 15, 2010 pretrial conference.

October 12, 2010

A teleconference call line has been set up for the October 15, 2010 pretrial conference. Starting at 9:15 a.m. central time on October 15, 2010, parties who wish to attend the conference via telephone shall dial 1-800-230-1096. Participants will not be required to enter an access code.

Please be advised that the teleconference is "listen only." Therefore, teleconference participants will not be able to speak during the conference.

October 8, 2010

On this date, the Court issued Pretrial Order #8, which appoints the members of the Plaintiffs’ Steering Committee and the Plaintiff Executive Committee, and Pretrial Order #9, which establishes standards and procedures to be utilized by plaintiffs’ counsel seeking fees and/or expense reimbursement.

October 7, 2010

On this date, the Court issued an Order appointing Francis E. McGovern, Professor of Law, Duke University School of Law, as special master in this matter.

October 6, 2010

On this date, the Court issued an Order, which denied the State of Louisiana’s Motion to Remand, 10-1156 (Rec. Doc. 304).

The Court also issued an Order denying the following motions to remand filed by the State of Louisiana: 10-1757 (Rec. Doc. 9); 10-1758 (Rec. Doc. 7); 10-1156 (Rec. Doc. 309); 10-2179 (Rec. Doc. 65).

Lastly, the Court issued an Order continuing the Limitation Trial in this matter from its tentative start date of October/November 2011 to Monday, February 27, 2012 at 8:30 a.m.

October 1, 2010

On this date, the Court issued an Order, which extended the deadline for the filing of proposed Case Management Order No. 1 to October, 6, 2010.

The Court also issued an Order setting the hearing date for Defendants’ Motion to Continue Trial for October 5, 2010, without oral argument.

September 29, 2010

On this date, the Court held a Status Conference, in which matters pertaining to proposed Case Management Order No. 1 were discussed.

September 24, 2010

On this date, the Court issued a Notice stating its intent to appoint Francis E. McGovern, Professor of Law, Duke University School of Law, as special master in this matter. Any objection to this appointment shall be filed by Friday, October 1, 2010.

The Court also issued an Order, which denied Plaintiffs’ Motion to Reconsider (Rec. Doc. 44) and canceled oral argument on other pending motions.

September 16, 2010

On this date, the Court held its Initial Pretrial Conference. At the conference, important dates and deadlines were established. The Court also scheduled the next pretrial conference for October 15, 2010, at 9:30 a.m.

September 15, 2010

On this date, the Court issued a Tentative Agenda for the initial pretrial conference.

A teleconference call line has been set up for the initial pretrial conference. Starting at 2:00 p.m. central time on September 16, 2010, parties who wish to attend the conference via telephone shall dial 1-866-233-3852. Participants will not be required to enter an access code.

Please be advised that the teleconference is "listen only." Therefore, teleconference participants will not be able to speak during the conference.

September 9, 2010

On this date, the Court issued Pretrial Order #7, which canceled oral argument on certain pending motions.

August 27, 2010

On this date, the Court issued Pretrial Order #6, which appoints James P. Roy & Stephen J. Herman as Plaintiffs’ Co-Liaison Counsel.

August 26, 2010

On this date, the Court issued an Order, which amends Paragraph 14 of Pretrial Order #1, establishing protocol for the removal, transportation, and immediate storage of the Deepwater Horizon’s BOP; the Order further mandates that counsel shall meet and confer regarding longer-term preservation and storage protocol order(s).

August 25, 2010

On this date, the Court issued a Consolidation Order, mandating that the limitation action filed by managing owners and operators of the MODU Deepwater Horizon be consolidated with MDL-2179 and that all answers and claims in the limitation action are to be filed in member case 10-2771.

August 20, 2010

On this date, the Court held a telephone Status Conference, during which liaison counsel discussed the protocol for removal and preservation of the drill string and the blowout preventer.

On this date, the Court also issued a Second Amendment to Pretrial Order #1, which amends Paragraph 14, changing the protocol for recovery and preservation of physical evidence related to the drill pipe that is the subject of a fishing operation.

August 17, 2010

On this date, the Court issued an Amendment to Pretrial Order #3, which changes the date of the motion hearings, with oral argument, from Friday, September 17, 2010 at 9:30 a.m. to Thursday, September 16, 2010 at 2:30 p.m.

August 16, 2010

On this date, the Court issued Pretrial Order #5, which discusses this Court’s procedure for handling motions filed in cases prior to those cases being transferred to the MDL.

On this date, the Court also issued an Amendment to Pretrial Order #1, which changes the date of the initial pretrial conference from Friday, September 17, 2010 at 9:30 a.m. to Thursday, September 16, 2010 at 2:30 p.m.

August 12, 2010

On this date, the Court issued Pretrial Order #4, which designates additional interim liaison counsel for defendants.

August 11, 2010

On this date, the Court also issued Pretrial Order #3, which suspended the deadline for requesting class certification. The order also reset the hearing dates for various motions. Those motions will be heard, with oral argument at the initial pretrial conference.

On this date, the Court also issued Pretrial Order #2, which outlines procedures for transferring cases to MDL 2179.

August 10, 2010

Pursuant to Pretrial Order #1, the pretrial conference will be held on Friday, September 17, 2010 at 9:30 a.m. in the Courtroom of Judge Carl J. Barbier.

Also on this date, the United States Judicial Panel on Multidistrict Litigation issued a Transfer Order, which transferred 77 related cases in the In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, on April 20, 2010, to this Court.