Becht v. BP Exploration & Production, Inc. et al
| George Becht |
| BP Exploration & Production Inc and BP America Production Company |
| 1:2023cv00338 |
| September 1, 2023 |
| US District Court for the Southern District of Alabama |
| Jeffrey U Beaverstock |
| P Bradley Murray |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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| Filing 48 Notice of Filing BP's First Discovery to Plaintiff filed by BP America Production Company, BP Exploration & Production Inc. (Little, Jonathan) |
| Filing 47 NOTICE of Appearance by Gabriel Dennison Dowdell on behalf of All Defendants (Dowdell, Gabriel) |
| Filing 46 NOTICE of Appearance by Wesley B. Gilchrist on behalf of All Defendants (Gilchrist, Wesley) |
| Filing 45 NOTICE of Appearance by Jonathan Randall Little on behalf of All Defendants (Little, Jonathan) |
| Filing 44 NOTICE of Appearance by Harlan I. Prater, IV on behalf of All Defendants (Prater, Harlan) |
| Filing 43 NOTICE of Appearance by William H. Morrow on behalf of All Defendants (Morrow, William) |
| Filing 42 SECOND OMNIBUS ORDER MODIFYING BELO CASE MANAGEMENT ORDER. Signed by Chief District Judge Jeffrey U. Beaverstock on 12/17/21. (cjr) |
Filing 41
Omnibus Order Modifying BELO Case Management Order re: (1 in 1:19-cv-05000-KD-MU-C). Signed by Chief Judge Kristi K. DuBose on 9/4/2019. Associated Cases: 1:19-cv-05000-KD-MU-C et al. (cjr)
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Filing 40
BELO Case Management Order. Signed by Chief Judge Kristi K. DuBose on 05/29/2019. (Attachments: #1 Protective Order, #2 HIPAA Protective Order, #3 Authorization) (cjr)
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| Filing 39 Case transferred in from District of Louisiana Eastern; Case Number 2:23-cv-01119. Original file certified copy of transfer order and docket sheet received. |
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Filing 38
ORDER: IT IS ORDERED that the instant matter is hereby TRANSFERRED to the United States District Court for the Southern District of Alabama. Signed by Magistrate Judge Donna Phillips Currault on 8/29/2023. (rt) [Transferred from Louisiana Eastern on 9/1/2023.]
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| Filing 37 Statement by BP America Production Company, BP Exploration & Production, Inc. Regarding Venue (Seiler, Scott) [Transferred from Louisiana Eastern on 9/1/2023.] |
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Filing 36
ORDER AND REASONS denying #29 Motion for Reconsideration. Signed by Magistrate Judge Donna Phillips Currault on 8/14/2023. (rt) [Transferred from Louisiana Eastern on 9/1/2023.]
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Filing 35
ORDER granting #34 Motion for Leave to File Exhibit to Notice of Supplemental Authority. Signed by Magistrate Judge Donna Phillips Currault on 8/7/23. (cg) [Transferred from Louisiana Eastern on 9/1/2023.]
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| Filing 34 EXPARTE/CONSENT MOTION for Leave to File Exhibit by BP America Production Company, BP Exploration & Production, Inc. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order, #2 Exhibit)(Seiler, Scott) [Transferred from Louisiana Eastern on 9/1/2023.] |
| Filing 33 Supplemental Authority by BP America Production Company, BP Exploration & Production, Inc. to #29 MOTION for Reconsideration re #27 Order on Motion to Compel, Order on Motion to Stay, Order on Motion to Seal Document (cg) (Additional attachment(s) added on 8/7/2023: #1 Exhibit) (cg). [Transferred from Louisiana Eastern on 9/1/2023.] |
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Filing 32
ORDER - Considering the Ex Parte Motion for Leave to File Notice of Supplemental Authority; IT IS HEREBY ORDERED that the Ex Parte Motion is GRANTED. BP is granted leave to file its Notice of Supplemental Authority. Signed by Magistrate Judge Donna Phillips Currault on 8/4/23. (cg) [Transferred from Louisiana Eastern on 9/1/2023.]
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| Filing 31 EXPARTE/CONSENT MOTION for Leave to File Notice of Supplemental Authority by BP America Production Company, BP Exploration & Production, Inc.. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Seiler, Scott) [Transferred from Louisiana Eastern on 9/1/2023.] |
| Filing 30 RESPONSE/MEMORANDUM in Opposition filed by BP America Production Company, BP Exploration & Production, Inc. re #29 MOTION for Reconsideration re #27 Order on Motion to Compel, Order on Motion to Stay, Order on Motion to Seal Document . (Seiler, Scott) [Transferred from Louisiana Eastern on 9/1/2023.] |
| Filing 29 MOTION for Reconsideration re #27 Order on Motion to Compel, Order on Motion to Stay, Order on Motion to Seal Document by George Becht. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 8/9/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order, #5 Notice of Submission)(Durkee, Charles) Modified on 7/24/2023 (gec). [Transferred from Louisiana Eastern on 9/1/2023.] |
| Filing 28 REPORT AND RECOMMENDATION re #4 MOTION to Dismiss Partial Plaintiff's Claim of Prostate Cancer filed by BP America Production Company, BP Exploration & Production, Inc. Accordingly, for the foregoing reasons, Plaintiff's BELO claim for LMPC (i.e., prostate cancer) is untimely based on his failure to file his NOIS by October 31, 2020. Accordingly, IT IS RECOMMENDED that the Partial Motion to Dismiss Plaintiff's Complaint (ECF No. #4 ) filed by Defendants BP Exploration & Production Inc. and BP America Production Company be GRANTED and that Plaintiff's prostate cancer claim only be dismissed with prejudice, without leave to amend. Objections to R&R due by 7/28/2023. Signed by Magistrate Judge Donna Phillips Currault on 7/14/2023. (NEF: Sec J) (rt) [Transferred from Louisiana Eastern on 9/1/2023.] |
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Filing 27
ORDER AND REASONS: IT IS ORDERED that Plaintiff's #16 Motion to Compel is DENIED. IT IS FURTHER ORDERED that Plaintiff's #17 Motion to Stay or Defer Ruling is DENIED. IT IS FURTHER ORDERED that Defendants' #23 Motion for Leave to File Document Under Seal for In Camera Review is DENIED. The Clerk is hereby instructed to STRIKE FROM THE RECORD the document temporarily filed under seal at ECF No. 23-2 in accordance with Local Rule 5.6. Signed by Magistrate Judge Donna Phillips Currault on 7/7/2023. (rt) [Transferred from Louisiana Eastern on 9/1/2023.]
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| Filing 26 REPLY to Response to Motion filed by George Becht re #16 MOTION to Compel Document. (rt) [Transferred from Louisiana Eastern on 9/1/2023.] |
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Filing 25
ORDER granting #24 Motion for Leave to File Reply. Signed by Magistrate Judge Donna Phillips Currault on 7/6/2023. (rt) [Transferred from Louisiana Eastern on 9/1/2023.]
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| Filing 24 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Plaintiff's Motion to Compel Document by George Becht. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Durkee, Charles) [Transferred from Louisiana Eastern on 9/1/2023.] |
| Filing 23 EXPARTE/CONSENT MOTION to Seal Document #16 MOTION to Compel Document by BP America Production Company, BP Exploration & Production, Inc. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order)(Seiler, Scott) (Additional attachment(s) added on 6/29/2023: #2 **STRICKEN PER #27 ORDER** Exhibit) (rt). Modified text on 7/7/2023 (rt). [Transferred from Louisiana Eastern on 9/1/2023.] |
| Filing 22 RESPONSE/MEMORANDUM in Opposition filed by BP America Production Company, BP Exploration & Production, Inc. re #17 MOTION to Stay re #4 MOTION to Dismiss Partial Claims Plaintiff's Claim of Prostate Cancer. (Seiler, Scott) [Transferred from Louisiana Eastern on 9/1/2023.] |
| Filing 21 RESPONSE/MEMORANDUM in Opposition filed by BP America Production Company, BP Exploration & Production, Inc. re #16 MOTION to Compel Document. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Seiler, Scott) [Transferred from Louisiana Eastern on 9/1/2023.] |
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Filing 20
ORDER granting #19 Motion to Enroll Additional Counsel. IT IS HEREBY ORDERED that Vanessa Barsanti (IL Bar # 6304193) of the law firm Kirkland & Ellis, LLP, located at 300 North LaSalle, Chicago, IL 60654 be enrolled as additional counsel of record for the BP Defendants. Signed by Magistrate Judge Donna Phillips Currault on 6/27/2023. (rt) [Transferred from Louisiana Eastern on 9/1/2023.]
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| Filing 19 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record for Attorney Vanessa Barsanti by BP America Production Company, BP Exploration & Production, Inc.. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order)(Reid, Devin) [Transferred from Louisiana Eastern on 9/1/2023.] |
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Filing 18
ORDER: Considering Plaintiff George Becht's #17 Motion to Stay or Defer Ruling on Defendants BP America Production Co. and BP Exploration & Production, Inc.'s #4 Motion to Dismiss Partial Claims (previously continued to Wednesday, June 14, 2023) pending resolution of Plaintiff' #16 Motion to Compel, IT IS ORDERED that the Court will address the three pending matters on WEDNESDAY, JULY 5, 2023, and the submission date of Defendants' #4 Motion to Dismiss Partial Claims is hereby CONTINUED to WEDNESDAY, JULY 5, 2023. The matters will be addressed without oral argument unless otherwise ordered by the Court. Signed by Magistrate Judge Donna Phillips Currault on 6/20/2023. (rt) [Transferred from Louisiana Eastern on 9/1/2023.]
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| Filing 17 MOTION to Stay re #4 MOTION to Dismiss Partial Claims Plaintiff's Claim of Prostate Cancer by George Becht. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 7/5/2023. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)(Durkee, Charles) [Transferred from Louisiana Eastern on 9/1/2023.] |
| Filing 16 MOTION to Compel Document by George Becht. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 7/5/2023. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Notice of Submission, #8 Proposed Order)(Durkee, Charles) [Transferred from Louisiana Eastern on 9/1/2023.] |
| Filing 15 NOTICE by BP America Production Company, BP Exploration & Production, Inc. . (Attachments: #1 Exhibit 1)(Seiler, Scott) [Transferred from Louisiana Eastern on 9/1/2023.] |
| Filing 14 Sur-Reply by George Becht to #4 MOTION to Dismiss Partial Claims Plaintiff's Claim of Prostate Cancer (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 7)(Durkee, Charles) Modified text on 6/1/2023 (cg). [Transferred from Louisiana Eastern on 9/1/2023.] |
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Filing 13
ORDER granting #12 Motion for Leave and Extension of Time to File Surreply. Plaintiff must file his Surreply Memorandum, not to exceed ten (10) pages, no later than Wednesday, May 31, 2023. IT IS FURTHER ORDERED that the submission date for Defendants' #4 Motion to Dismiss Partial Claims is CONTINUED to Wednesday June 14, 2023. Signed by Magistrate Judge Donna Phillips Currault on 5/24/2023. (rt) [Transferred from Louisiana Eastern on 9/1/2023.]
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| Filing 12 EXPARTE/CONSENT Motion for Leave to File Sur-Reply and Extension of Time by George Becht. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Durkee, Charles) Modified event and text on 5/24/2023 (cg). [Transferred from Louisiana Eastern on 9/1/2023.] |
| Filing 11 REPLY to Response to Motion filed by BP America Production Company, BP Exploration & Production, Inc. re #4 MOTION to Dismiss Partial Plaintiff's Claim of Prostate Cancer. (cwa) [Transferred from Louisiana Eastern on 9/1/2023.] |
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Filing 10
ORDER granting #9 Motion for Leave to File Reply Memorandum. Signed by Magistrate Judge Donna Phillips Currault on 5/23/2023. (cwa) [Transferred from Louisiana Eastern on 9/1/2023.]
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| Filing 9 EXPARTE/CONSENT MOTION for Leave to File Reply in Support of Partial Motion to Dismiss Plaintiff's Complaint by BP America Production Company, BP Exploration & Production, Inc. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Pleading, #2 Proposed Order)(Seiler, Scott) [Transferred from Louisiana Eastern on 9/1/2023.] |
| Filing 8 RESPONSE/MEMORANDUM in Opposition filed by George Becht re #4 MOTION to Dismiss Partial Plaintiff's Claim of Prostate Cancer . (Attachments: #1 Exhibit 1 - Becht Affidavit, #2 Exhibit 2 - Publication Tracker, #3 Exhibit 3 - Avens Emails, #4 Exhibit 4 - Pulling IH Plug, #5 Exhibit 5 - Sahu Declaration, #6 Exhibit 6 - Exponent Publications, #7 Exhibit 7 - Boehm Email, #8 Exhibit 8 - Senn Email, #9 Exhibit 9 - UltraREA Failure, #10 Exhibit 10 - Dutton Deposition)(Durkee, Charles) [Transferred from Louisiana Eastern on 9/1/2023.] |
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Filing 7
ORDER granting #6 Motion to Remove and Substitute Incorrectly Filed Document. Signed by Magistrate Judge Donna Phillips Currault on 5/16/2023. (cwa) [Transferred from Louisiana Eastern on 9/1/2023.]
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| Filing 6 EXPARTE/CONSENT MOTION Motion to Remove and Substitute Incorrectly Filed Document No. 4-4, Exhibit A to the BP Parties' Partial Motion to Dismiss Plaintiff's Complaint by BP America Production Company, BP Exploration & Production, Inc. Motion(s) referred to Donna Phillips Currault. (Attachments: #1 Proposed Order, #2 Exhibit)(Seiler, Scott) [Transferred from Louisiana Eastern on 9/1/2023.] |
| Filing 5 ANSWER to #1 Complaint, by BP America Production Company, BP Exploration & Production, Inc. (Seiler, Scott) [Transferred from Louisiana Eastern on 9/1/2023.] |
| Filing 4 MOTION to Dismiss Partial Claims Plaintiff's Claim of Prostate Cancer by BP America Production Company, BP Exploration & Production, Inc. Motion(s) referred to Donna Phillips Currault. Motion(s) will be submitted on 5/24/2023. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order, #4 Exhibit, #5 Exhibit)Attorney Scott C. Seiler added to party BP America Production Company(pty:dft), Attorney Scott C. Seiler added to party BP Exploration & Production, Inc.(pty:dft).(Seiler, Scott) Modified text on 5/2/2023 (cg). (Per Order at R. Doc. 7, Attachment 4 replaced on 5/16/2023) (cwa). [Transferred from Louisiana Eastern on 9/1/2023.] |
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Filing 3
INITIAL PROCEEDINGS CASE MANAGEMENT ORDERS NO.1 AND AMENDED ORDER No.2. Signed by Judge Carl J Barbier. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Settlement Agreement)(cg) [Transferred from Louisiana Eastern on 9/1/2023.]
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| Filing 2 Initial Case Assignment to Judge Carl J Barbier and Magistrate Judge Donna Phillips Currault. (mb) [Transferred from Louisiana Eastern on 9/1/2023.] |
| Filing 1 COMPLAINT with jury demand against All Defendants (Filing fee $ 402 receipt number ALAEDC-9872518) filed by Becht George. (Attachments: #1 Civil Cover Sheet, #2 Affidavit)Attorney Charles David Durkee added to party Becht George (pty:pla).(Durkee, Charles) [Transferred from Louisiana Eastern on 9/1/2023.] |
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