REVELS v BP EXPLORATION & PRODUCTION INC et al
| RONALD N. REVELS and RONALD N REVELS |
| BP EXPLORATION & PRODUCTION INC and BP AMERICA PRODUCTION COMPANY |
| 3:2019cv01985 |
| July 3, 2019 |
| US District Court for the Northern District of Florida |
| GARY R JONES |
| M CASEY RODGERS |
| Marine |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| None |
Docket Report
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| Filing 53 Taxation of Costs By Clerk. Costs Taxed in the amount of $0.00 against the Plaintiff. (kjw) |
Filing 52
ORDER of USCA. The parties and the Clerk's Office are DIRECTED to docket all filings related to the Consolidated Appeals in only the main appeal, no. 22-10099. In lieu of using the full caption for the Consolidated Appeals, the Clerk's Office and the parties should use "In re: Deepwater Horizon BELO Cases" to caption filings. The district court clerk is DIRECTED to include all docket entries for the district court cases underlying the Consolidated Appeals when certifying to the circuit court clerk that the record on appeal for the Consolidated Appeals is complete pursuant to Fed. R. App. P. 11(c). Re: 408 Notice of Appeal, filed by BELO PLAINTIFFS (djb)
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| Filing 51 USCA PROCEDURAL LETTER re: #48 NOTICE OF APPEAL, USCA Case Number 22-10119-F (djb) |
| Filing 50 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #48 Notice of Appeal (djb) |
| Filing 49 Appeal Instructions re: #48 Notice of Appeal : The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. Transcript Order Form due by 1/27/2022. (djb) |
| Filing 48 NOTICE OF APPEAL as to #44 Order Adopting Report and Recommendation,,, Order on Motion for Summary Judgment,,, Order on Report and Recommendation,, by RONALD N REVELS. ( Filing fee $505 Receipt Number AFLNDC-6624959.) (SPRAGUE, JEREMIAH) |
| Filing 47 MEMORANDUM in Support re #46 Bill of Costs by BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC. (MCDONALD, FRANCIS) |
| Filing 46 BILL OF COSTS by BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC. (Attachments: #1 Exhibit Bill of Costs Exhibits) (MCDONALD, FRANCIS) |
| Filing 45 CLERK'S JUDGMENT re #44 Order Adopting Report and Recommendation. (djb) |
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Filing 44
ORDER adopting the Magistrate Judge's #43 Report and Recommendation. Defendant BP's #35 Motion for Summary Judgment Based on Election of Remedies Under the MSA is GRANTED. The Clerk is directed to enter a copy of this Order and Exhibit A in each case listed on Exhibit A, enter judgment accordingly in each case, and close the files. Costs to be taxed against the Plaintiff in each case. Signed by JUDGE M CASEY RODGERS on 12/13/2021. (Attachments: #1 Exhibit A) (djb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #43 REPORT AND RECOMMENDATION (no objections filed) (djb) |
| Filing 43 REPORT AND RECOMMENDATION re #35 MOTION for Summary Judgment Based on Election of Remedies Under the MSA - It is recommended that BP's Motion for Summary Judgment Based on Election of Remedies Under the MSA, ECF No. 320, is due to be GRANTED. The Settlement Agreement bars Plaintiffs' BELO suits, because Plaintiffs elected instead to pursue compensation for their oil-spill related injuries though workers' compensation laws. R&R flag set. Signed by MAGISTRATE JUDGE GARY R JONES on 10/26/2021. Internal deadline for referral to district judge if objections are not filed earlier: 11/23/2021. (kdm) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #35 MOTION for Summary Judgment Based on Election of Remedies Under the MSA, #36 Memorandum in Support of Motion, #42 Reply to Response to Motion. Referred to GARY R JONES. (djb) |
| Filing 42 REPLY to Response to Motion re #39 MOTION for Leave to File a Reply to Plaintiffs' Memorandum in Opposition (Unopposed) a Reply to Plaintiffs' Opposition filed by BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC. (Attachments: #1 Exhibit A - Lindsey Release, #2 Exhibit B - Dumas, Hull Sworn Statements, #3 Exhibit C - Specific Invoices) (TARDY, THOMAS) |
| Filing 41 NOTICE of Appearance by STEFAN G BOURN on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (BOURN, STEFAN) |
| Set Deadline per #40 Order: Defendants must file their reply memorandum on or before 10/22/2021. (kdm) |
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Filing 40
ORDER granting #39 MOTION for Leave to File a Reply to Plaintiffs' Memorandum in Opposition (Unopposed). Signed by MAGISTRATE JUDGE GARY R JONES on 10/15/2021. Defendants must file their reply memorandum on or before October 22, 2021. (kdm)
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| Filing 39 MOTION for Leave to File a Reply to Plaintiffs' Memorandum in Opposition (Unopposed) by BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC. (TARDY, THOMAS) |
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Filing 38
ORDER granting 338 Unopposed MOTION to Extend to Extend the Deadline to Oppose BP's Motion for Summary Judgment based on Election of Remedies Under the MSA. The deadline for Plaintiffs' Response to ECF No. 320 (Master Docket) in cases listed on Exhibit A is extended to 10/8/2021. Signed by JUDGE M CASEY RODGERS on 9/30/2021. (Attachments: #1 Exhibit A) (djb)
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Filing 37
ORDER - The Court hereby clarifies and amends the previously entered Case Management Order (ECF No. 138 , Master Docket) entered on February 22, 2021, and the Revised Case Management Order (ECF No. 167 , Master Docket) entered on April 30, 2021, to require the parties to meaningfully confer and certify the result of the conference pursuant to N.D. Fla. Loc. R. 7.1(B), (C), prior to filing any notice of deficiency pursuant to Section III.G. ("Procedure for Failure to Comply") of the original Case Management Order, ECF No. 138 . Signed by JUDGE M CASEY RODGERS on 9/16/2021. (djb)
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| Filing 36 MEMORANDUM in Support re #35 MOTION for Summary Judgment Based on Election of Remedies Under the MSA filed by BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC. (Attachments: #1 Exhibit A. Transfer Orders, #2 Exhibit B. BELO Complaint Excerpts, #3 Exhibit C. NOIS Excerpts Redacted, #4 Exhibit D. PPF Excerpts Redacted, #5 Exhibit E. Settlement Orders, #6 Exhibit F. Executed Release Ronald Revels, #7 Exhibit G. Condon Memo, #8 Exhibit H. July 2, 2013 Letter, #9 Exhibit I. First Report of Injuries for 14 of the Plfs Redacted, #10 Exhibit J. P2S Questionnaires for Plfs G. Ammar, C. Jones, T. Jones & L. Minchew Redacted, #11 Exhibit K. DWH Health Surveys for Plfs D. Cobb & C. Moore Redacted, #12 Exhibit L. Condon Workers Comp files for Plfs L. Bivins, L. Knight & T. McWilliams, #13 Exhibit M. Sworn Statements and Affidavits Redacted) (TARDY, THOMAS) |
| Filing 35 MOTION for Summary Judgment Based on Election of Remedies Under the MSA by BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC. (Internal deadline for referral to judge if response to summary judgment not filed earlier: 10/1/2021). (TARDY, THOMAS) |
| Filing 34 NOTICE of Appearance by KALLEIGH AMBER MCCOY on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (MCCOY, KALLEIGH) |
| Filing 33 NOTICE of Appearance by THOMAS W TARDY, III on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (TARDY, THOMAS) |
| Filing 32 NOTICE of Appearance by ERICSON W ENGER on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (ENGER, ERICSON) |
| Filing 31 NOTICE of Appearance by CHRISTI G JONES on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (JONES, CHRISTI) |
| Filing 30 NOTICE of Appearance by CHAN MCLEOD, JR on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (MCLEOD, CHAN) |
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Filing 29
ORDER - The Plaintiffs listed on Exhibit A are hereby directed to comply with their outstanding affirmative production and discovery obligations as noted on the Exhibit and in Deficiency Report No. 3, ECF No. 219 (Master Docket), or otherwise move for relief from the obligations for good cause shown, within 14 days of this Order. BP is directed to file a final deficiency report of all Plaintiffs who fail to comply with this deadline. The Clerk is directed to enter a copy of this Order in all cases listed on the attached Exhibit A. Signed by JUDGE M CASEY RODGERS on 7/8/2021. (Attachments: #1 Exhibit A) (djb) Modified on 7/8/2021 to add text (djb).
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| Filing 28 NOTICE of Filing Deficiency Report No. 3 by BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (Attachments: #1 Exhibit A - Group 2 Deficiency List, #2 Exhibit B - Group 2 Deficiency Email With Attachment to Counsel) (CRUMP, RICHARD) |
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Filing 27
ORDER ON BP EXPLORATION & PRODUCTION INC. AND BP AMERICA PRODUCTION COMPANYS UNOPPOSED MOTION BY TO WITHDRAW AND SUBSTITUTE COUNSEL OF RECORD re #26 Motion to Withdraw and Substitute of Counsel of Records. That the BP Parties' unopposed Motion to Withdraw and Substitute Counsel of Record is hereby GRANTED. Attorneys Bradley A. Silverman, Caitlin S. Clarke and Schuyler Analise Smith of Hamilton Miller & Birthisel LLP, are relieved of any further obligation for representation of Defendants in this matter and Richard M Crump of the law firm Maron Marvel Bradley Anderson & Tardy LLC, are substituted as counsel of record for the BP Parties. The Clerk of Court is hereby directed to provide notice of electronic filings to Richard M. Crump, Esq. at rcrump@maronmarvel.com. Attorney SCHUYLER ANALISE SMITH; CAITLIN S CLARKE and BRADLEY A SILVERMAN terminated; granting #26 Motion to Substitute Attorney. Attorney SCHUYLER ANALISE SMITH; CAITLIN S CLARKE and BRADLEY A SILVERMAN terminated. RICHARD M CRUMP added. Signed by JUDGE M CASEY RODGERS on 7/1/2021. (mb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #26 Unopposed MOTION to Withdraw as Attorney Certain Counsel of Record MOTION to Substitute Attorney Richard M. Crump (mb) |
| Filing 26 MOTION to Withdraw as Attorney Certain Counsel of Record, MOTION to Substitute Attorney Richard M. Crump by BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC. (CRUMP, RICHARD) |
| Filing 25 NOTICE of Appearance by RICHARD MUNCIE CRUMP on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (CRUMP, RICHARD) |
| Filing 24 NOTICE of Appearance by CAITLIN S CLARKE on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (CLARKE, CAITLIN) |
| Filing 23 NOTICE of Appearance by SCHUYLER ANALISE SMITH on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (SMITH, SCHUYLER) |
| Filing 22 NOTICE of Appearance by BRADLEY A SILVERMAN on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (SILVERMAN, BRADLEY) |
| Set Deadlines - Discovery due by 1/14/2022. Dispositive Motions to be filed by 3/15/2022. Responses due on or before 4/14/2022. (djb) |
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Filing 21
REVISED CASE MANAGEMENT ORDER. The Downs Plaintiffs' Motion to Amend BELO Case Management Order and/or Extend Discovery Deadlines, ECF No. 147, and the Falcon and Lindsay Plaintiffs' Motion to Amend the BELO Case Management Order, ECF No. 158, are GRANTED IN PART and DENIED IN PART. The Case Management Order, ECF No. 138, is AMENDED as provided in this Order and only as to those cases listed in the Appendices. The stay of discovery ordered on April 8, 2021, ECF No. 150, is LIFTED. The Clerk is directed to file this Revised Case Management Order in the main BELO case docket (Case No. 3:19-cv-963) and in each of the cases listed in the Appendices. Signed by MAGISTRATE JUDGE GARY R JONES on 4/30/2021. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D) (Note: Several corrections were made to Appendix A, B, and C. Added case 3:20cv5353, Dumas v. BP after contacting counsel of record) (djb)
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Filing 20
ORDER granting 149 Plaintiffs' Motion to Enlarge Time and/or Extend all Discovery Deadlines. The 45-day deadline in Sections III(B)-(C) of the Case Management Order, ECF No. 138, is therefore extended and tolled pending further order. Signed by JUDGE M CASEY RODGERS on 4/8/2021. (djb) Modified on 4/8/2021 (djb).
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Filing 19
ORDER GOVERNING CONFIDENTIAL MATERIALS AND DISCOVERY OF ELECTRONICALLY STORED INFORMATION. Pursuant to the 138 BELO Case Management Order entered on February 22, 2021, this Court hereby further ORDERS as follows: PROTECTIVE ORDER. Signed by JUDGE M CASEY RODGERS on 3/11/2021. (djb)
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Filing 18
QUALIFIED HIPAA PROTECTIVE ORDER. Signed by JUDGE M CASEY RODGERS on 3/11/2021. (djb)
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Filing 17
BELO CASE MANAGEMENT ORDER. All discovery must be commenced in time to be completed within 365 days of this Order, or of the docketing of a BELO case transferred to this District after the date of this Order, whichever is later (hereafter, "the docketing date"). Dispositive and Daubert motions are to be filed no later than 60 days following the close of discovery. Responses are due within 30 days. Replies are allowed only at the Courts request. The parties are directed to engage in one round of a settlement conference/mediation before the assigned United States Magistrate Judge within the 60-day period after the close of discovery and before the filing of dispositive motions and promptly notify the Court of the outcome. The parties must contact the Magistrate Judge to schedule the settlement conference/mediation before the close of discovery. Signed by JUDGE M CASEY RODGERS on 2/22/2021. (Discovery due by 2/22/2022. Dispositive/Daubert Motions to be filed by 4/25/2022. Response due on or before 5/25/2022. Mediation Report due by 4/25/2022.) (djb)
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Filing 16
ORDER - Plaintiffs' 118 MOTION to Amend Second Bellwether Designation And/Or Sever Actions is MOOT. Each side has until January 18, 2021, to submit five cases from the Group 2 Ocular Cases of the second pool, see ECF No. 129 at 6-15, limited to plaintiffs who were beach workers during the cleanup, as candidates for the test case. The deadline for dispositive and Daubert motions is May 17, 2021. Responses are due by May 31, 2021. Motions in limine are due by August 1, 2021, and responses are due by August 8, 2021. A pretrial conference is scheduled for August 11, 2021. Trial will be held on August 23, 2021. At this time, two weeks have been reserved. All second pool cases (Exhibit A) are STAYED until further order designating one test case to proceed. The Clerk is directed to file this Order in each case listed on Exhibit A. Signed by JUDGE M CASEY RODGERS on 1/11/2021. (djb)
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Filing 15
ORDER - Attached is a revised list of the Second Pool cases, correcting a scrivener's error that incorrectly stated the name of Maria Doris Castro Marroquin twice and omitted the name of Larkin Napier, Jr., whose case number is 5:19cv228. The revised Exhibit A also shows that Plaintiff Donna Revels, 5:19cv222, is removed from the Second Pool in light of her cancer diagnosis, which was not noted on the spreadsheet submitted by the Downs Law Group. The Court agrees that her case should not be consolidated in the Second Pool. Signed by JUDGE M CASEY RODGERS on 1/5/2021. (djb)
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Filing 14
ORDER - Attached is the Court's designation of a Second Pool of bellwether cases. Accordingly, the previously imposed stay is LIFTED for the individual cases listed on Exhibit A, and the parties are directed to confer and submit a joint proposal for general causation discovery and disposition. If no agreement on scheduling can be reached, the parties should set out their varying viewpoints in the joint report, and the Court will decide the matter. The joint report is due in 14 days. Signed by JUDGE M CASEY RODGERS on 12/7/2020. (djb) Modified on 12/8/2020 (djb).
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Filing 13
ORDER - The First Trial Pool cases have now been resolved, and it is necessary to select a new trial pool to move forward to discovery and trial. To aid in this process, each attorney is directed to compile a list of his or her pending cases, which identifies the medical condition alleged in each case and also groups the cases by similar medical conditions. The lists must be filed only on the Master Docket by 11/16/2020. Also, to aid the Court's administration of these cases, each attorney should check and confirm that he or she has entered an appearance on the Master Docket, as well is in each individual case in which he or she is an attorney of record. Signed by JUDGE M CASEY RODGERS on 11/6/2020. (djb)
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| Filing 12 NOTICE of Appearance by TIMOTHY JOHN FALCON on behalf of RONALD N REVELS (Attachments: #1 Exhibit Jeremiah A. Sprague Order, #2 Exhibit Jarrett S. Falcon Order) (FALCON, TIMOTHY) |
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Filing 11
ORDER - The Court hereby STAYS all Deepwater Horizon BELO cases currently filed and those filed in the future, unless an order lifting the stay is or has been entered in the individual case. Signed by JUDGE M CASEY RODGERS on 11/13/2019. (djb)
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Filing 10
ORDER. Signed by JUDGE M CASEY RODGERS on 4/25/2019. (posted per MCR chambers) (djb)
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Filing 9
ORDER granting #8 Motion to Withdraw as Attorney and Substitute Counsel of Record. Signed by JUDGE M CASEY RODGERS on 7/23/2019. Added attorney JESSICA MARIE KENNEDY, SARAH A LONG for BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC. (djb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #8 MOTION to Withdraw as Attorney Catherine Pyune McEldowney, Don Keller Haycraft and Georgia Lee Lucier and Substitute Counsel of Record (djb) |
| Filing 8 MOTION to Withdraw as Attorney Catherine Pyune McEldowney, Don Keller Haycraft and Georgia Lee Lucier and Substitute Counsel of Record by BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC. (MCDONALD, FRANCIS) |
| Filing 7 Case transferred in from District of Louisiana Eastern; Case Number 2:19-cv-01940. Original file certified copy of transfer order and docket sheet received. |
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Filing 6
Case transferred to District of Northern District of Florida: IT IS ORDERED that the instant matter is hereby TRANSFERRED to the United States District Court for the Northern District of Florida. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 7/3/2019.(mmv) (NEF: HON. CARL J. BARBIER) [Transferred from Louisiana Eastern on 7/3/2019.]
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| Filing 5 Statement by BP America Production Company, BP Exploration & Production, Inc. Regarding Venue (Haycraft, Don) [Transferred from Louisiana Eastern on 7/3/2019.] |
| Filing 4 ANSWER to #1 Complaint, by BP America Production Company, BP Exploration & Production, Inc..Attorney Don Keller Haycraft added to party BP America Production Company(pty:dft), Attorney Don Keller Haycraft added to party BP Exploration & Production, Inc.(pty:dft).(Haycraft, Don) [Transferred from Louisiana Eastern on 7/3/2019.] |
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Filing 3
INITIAL PROCEEDINGS CASE MANAGEMENT ORDER. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 1/30/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 BELO Settlement Agreement)(as) [Transferred from Louisiana Eastern on 7/3/2019.]
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| Filing 2 Initial Case Assignment to Judge Carl Barbier and Magistrate Judge Joseph C. Wilkinson, Jr. (ess) [Transferred from Louisiana Eastern on 7/3/2019.] |
| Filing 1 COMPLAINT against BP America Production Company, BP Exploration & Production, Inc. (Filing fee $ 400 receipt number 053L-7457955) filed by Ronald N. Revels. (Attachments: #1 Civil Cover Sheet, #2 Exhibit BP Election Not to Mediate)Attorney Timothy John Falcon added to party Ronald N. Revels(pty:pla).(Falcon, Timothy) [Transferred from Louisiana Eastern on 7/3/2019.] |
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