DAWSON v BP EXPLORATION & PRODUCTION INC et al
| NANATTE T. DAWSON |
| BP EXPLORATION & PRODUCTION INC and BP AMERICA PRODUCTION COMPANY |
| 3:2020cv03647 |
| February 20, 2020 |
| US District Court for the Northern District of Florida |
| GARY R JONES |
| M CASEY RODGERS |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 36
ORDER granting #35 Motion to Withdraw; terminating #32 Motion for Summary Judgment; #33 Memorandum in Support. Signed by MAGISTRATE JUDGE GARY R JONES on 10/21/2021. The Court GRANTS the Motion and directs the Clerk to remove the Motion for Summary Judgment and the Supporting Memorandum from the Master Docket, ECF Nos. 310 & 311, and from the dockets for the individual cases. (kdm)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #35 MOTION to Withdraw #32 MOTION for Summary Judgment Based on No Admissible Proof of Injury, #33 Memorandum in Support of Motion, . Referred to GARY R JONES. (djb) |
| Filing 35 MOTION to Withdraw #32 MOTION for Summary Judgment Based on No Admissible Proof of Injury, #33 Memorandum in Support of Motion, by BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC. (TARDY, THOMAS) |
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Filing 34
ORDER granting Plaintiffs' Motion to Extend Deadline for a Response to BP's Motion for Summary Judgment Regarding No Admissible Proof of Injury. ECF No. 334 . Response deadline for Plaintiffs listed on Exhibit A to BP's Motion for Summary Judgment Regarding No Admissible Proof of Injury, ECF No. 310 , is extended to October 1, 2021. Signed by JUDGE M CASEY RODGERS on 9/25/2021. (Attachments: #1 Exhibit A) (djb)
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| Filing 33 ***TERMINATED PER #36 ORDER*** --- MEMORANDUM in Support re #32 MOTION for Summary Judgment Based on No Admissible Proof of Injury filed by BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC. (Attachments: #1 Exhibit A - Plaintiff Forms, #2 Exhibit B - Terrezza Transcript, #3 Exhibit C - Terrezza Deposition Notice) (TARDY, THOMAS) Modified on 10/25/2021 to add text(kdm). |
| Filing 32 ***TERMINATED PER #36 ORDER*** --- MOTION for Summary Judgment Based on No Admissible Proof of Injury by BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC. (Internal deadline for referral to judge if response to summary judgment not filed earlier: 9/24/2021). (TARDY, THOMAS) Modified on 10/25/2021 to add text (kdm). |
| Filing 31 NOTICE of Appearance by THOMAS W TARDY, III on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (TARDY, THOMAS) |
| Filing 30 NOTICE of Appearance by STEFAN G BOURN on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (BOURN, STEFAN) |
| Filing 29 NOTICE of Appearance by KALLEIGH AMBER MCCOY on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (MCCOY, KALLEIGH) |
| Filing 28 NOTICE of Appearance by CECELIA VIRDEN on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (VIRDEN, CECELIA) |
| Filing 27 NOTICE of Appearance by STEPHANIE MICHELLE SMITH on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (SMITH, STEPHANIE) |
| Filing 26 NOTICE of Appearance by ERICSON W ENGER on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (ENGER, ERICSON) |
| Filing 25 NOTICE of Appearance by CHAN MCLEOD, JR on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (MCLEOD, CHAN) |
| Filing 24 NOTICE of Appearance by CHRISTI G JONES on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (JONES, CHRISTI) |
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Filing 23
ORDER - BP's 233 Motion to Withdraw Deficiency Report No. 4 is GRANTED. Deficiency Report No. 4, ECF No. 221 , and the corresponding order compelling a response, ECF No. 227 , are WITHDRAWN. The Clerk is directed to file a copy of this order on the Master Docket and in each case listed in the attached Exhibit. Signed by JUDGE M CASEY RODGERS on 7/15/2021. (Attachments: #1 Exhibit A) (djb)
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Filing 22
WITHDRAWN see 234 Order ORDER - The Plaintiffs listed on Exhibit A are hereby directed to comply with their outstanding affirmative production obligations (medical records, causation documents, authorizations) as noted on the Exhibit and in Deficiency Report No. 4, ECF No. 221 (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 7/15/2021 (djb).
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| Filing 21 NOTICE of Filing Deficiency Report No. 4 by BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (Attachments: #1 Exhibit A - Group 3 Deficiency List, #2 Exhibit B - Group 3 Deficiency Email With Attachment to Counsel) (CRUMP, RICHARD) |
| Filing 20 NOTICE of Appearance by RICHARD MUNCIE CRUMP on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (CRUMP, RICHARD) |
| Set Deadlines - Discovery due by 2/25/2022. Dispositive/Daubert Motions to be filed by 4/26/2022. Responses due on or before 5/26/2022. (djb) |
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Filing 19
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 18
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)
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Filing 17
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 16
QUALIFIED HIPAA PROTECTIVE ORDER. Signed by JUDGE M CASEY RODGERS on 3/11/2021. (djb)
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Filing 15
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 14
ORDER - Plaintiffs' Motion to Amend Second Bellwether Designation and/orSever Actions, 3:19cv963, ECF No. 118, 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 havebeen reserved. All second pool cases (Exhibit A) are STAYED until further orderdesignating 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 13
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 12
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)
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Filing 11
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 10 NOTICE of Appearance by FRANCIS M MCDONALD, JR on behalf of BP AMERICA PRODUCTION COMPANY, BP EXPLORATION & PRODUCTION INC (MCDONALD, FRANCIS) |
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Filing 9
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 8
ORDER - For purposes of administrative efficiency and judicial economy the Court has established a separate case, In re Deepwater Horizon BELO Cases, Case No. 3:19cv963, which will serve as a master docket for the management of the BELO cases transferred to the Northern District of Florida from the Eastern District of Louisiana. All individual BELO cases will be linked to the master docket. Signed by JUDGE M CASEY RODGERS on 4/25/2019. (djb)
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| Filing 7 Case transferred in from District of Louisiana Eastern; Case Number 2:19-cv-13161. Original file certified copy of transfer order and docket sheet received. |
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Filing 6
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 2/19/2020. (NEF: Sect J)(caa) [Transferred from Louisiana Eastern on 2/20/2020.]
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| Filing 5 Statement by BP America Production Company, BP Exploration & Production, Inc. Regarding Venue (Reid, Devin) [Transferred from Louisiana Eastern on 2/20/2020.] |
| Filing 4 ANSWER to #1 Complaint, by BP America Production Company, BP Exploration & Production, Inc..Attorney Devin C. Reid added to party BP America Production Company(pty:dft), Attorney Devin C. Reid added to party BP Exploration & Production, Inc.(pty:dft).(Reid, Devin) [Transferred from Louisiana Eastern on 2/20/2020.] |
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Filing 3
INITIAL PROCEEDINGS CASE MANAGEMENT ORDERS No.1 AND AMENDED No.2. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 1/30/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 BELO Settlement Agreement)(cg) [Transferred from Louisiana Eastern on 2/20/2020.]
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| Filing 2 Initial Case Assignment to Judge Carl Barbier and Magistrate Judge Joseph C. Wilkinson, Jr. (cc) [Transferred from Louisiana Eastern on 2/20/2020.] |
| Filing 1 COMPLAINT against BP America Production Company, BP Exploration & Produciton, Inc. (Filing fee $ 400 receipt number 053L-7908213) filed by Nanatte T. Dawson. (Attachments: #1 Civil Cover Sheet, #2 Exhibit BP Election Not to Mediate)Attorney Timothy John Falcon added to party Nanatte T. Dawson(pty:pla).(Falcon, Timothy) [Transferred from Louisiana Eastern on 2/20/2020.] |
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