Incer v. BP Exploration & Production, Inc. et al
| Eduardo E. Incer |
| BP America Production Company and BP Exploration & Production Inc. |
| 1:2019cv23275 |
| August 6, 2019 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 29, 2019. A more recent docket listing may be available from PACER.
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Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon a Rule 41(a) Stipulation of Dismissal with Prejudice. #18 . Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, "the plaintiff may dismiss an action without a court order by filing... a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii). UPON CONSIDERATION of the Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITH PREJUDICE. The Clerk of Court is instructed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 8/29/2019. (eso)
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| Filing 18 STIPULATION of Dismissal by Eduardo E. Incer (Nelson, Nathan) |
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion to Withdraw and Substitute Counsel of Record. #14 . Therein, counsel for Defendants request that attorneys Hildy M. Sastre, Antar K. Vaughan, and Matthew D. Bernstein of the law firm Shook, Hardy & Bacon L.L.P. be substituted as counsel of record for Defendants in place of attorneys Kevin M. Hodges of Williams & Connolly LLP, Catherine Pyune McEldowney of Maron Marvel Bradley Anderson & Tardy LLC, Georgia Lee Lucier of Hunton Andrews Kurth LLP, and Don Keller Haycraft of Liskow & Lewis. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that attorneys Kevin M. Hodges of Williams & Connolly LLP, Catherine Pyune McEldowney of Maron Marvel Bradley Anderson & Tardy LLC, Georgia Lee Lucier of Hunton Andrews Kurth LLP, and Don Keller Haycraft of Liskow & Lewis shall be relieved of all further responsibilities related to Defendants in these proceedings. The Clerk of the Court is instructed to add Hildy M. Sastre, Antar K. Vaughan, and Matthew D. Bernstein of the law firm Shook, Hardy & Bacon L.L.P. as counsel for Defendants and remove Kevin M. Hodges of Williams & Connolly LLP, Catherine Pyune McEldowney of Maron Marvel Bradley Anderson & Tardy LLC, Georgia Lee Lucier of Hunton Andrews Kurth LLP, and Don Keller Haycraft of Liskow & Lewis as counsel for Defendants. Signed by Chief Judge K. Michael Moore on 8/14/2019. (eso)
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| Filing 16 Corporate Disclosure Statement by BP Exploration & Production Inc. identifying Corporate Parent BP p.l.c. for BP Exploration & Production Inc. (Bernstein, Matthew) |
| Filing 15 Corporate Disclosure Statement by BP America Production Company identifying Corporate Parent BP p.l.c. for BP America Production Company (Bernstein, Matthew) |
| Filing 14 Unopposed STIPULATED MOTION for Substitution of Counsel. Substituting Hildy M. Sastre, Antar K. Vaughan, and Matthew D. Bernstein for Kevin Michael Hodges, Catherine Pyune McEldowney, Georgia Lee Lucifer and Don Keller Haycraft by BP America Production Company, BP Exploration & Production Inc.. Attorney Matthew David Bernstein added to party BP America Production Company(pty:dft), Attorney Matthew David Bernstein added to party BP Exploration & Production Inc.(pty:dft). Responses due by 8/27/2019 (Attachments: #1 Text of Proposed Order)(Bernstein, Matthew) |
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Filing 13
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Jacqueline Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 8/8/2019. (eso)
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Filing 12
PAPERLESS PRETRIAL ORDER. This order has been entered upon the transfer of the case from the Eastern District of Louisiana. Plaintiff's counsel is hereby ORDERED to forward to all defendants a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than thirty (30) days after the filing of this Order. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 8/8/2019. (eso)
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Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon an order transferring the case from the Eastern District of Louisiana. #8 . UPON CONSIDERATION of the pertinent portions of the record and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Case Management Order #3 is STRICKEN. The Court shall enter a new Pretrial Order on the docket. The Clerk of the Court is instructed to STRIKE docket entry #3 . Signed by Chief Judge K. Michael Moore on 8/8/2019. (eso)
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| Filing 10 Bar Letter re: Admissions sent to attorney Don Keller Haycraft, Catherine Pyune McEldowney, Georgia Lee Lucier, and Kevin Michael Hodges, mailing date August 6, 2019, (pt) |
| Filing 9 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb) |
| Filing 8 Case transferred in from Louisiana Eastern; Case Number 2:19-cv-00628. Electronic file including transfer order and docket sheet received. .(bb). |
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Filing 7
ORDERED that the instant matter is hereby TRANSFERRED to the United States District Court for the Southern District of Florida. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 8/5/2019. (NEF: Sect J)(caa)
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| Filing 6 Statement by BP America Production Company, BP Exploration & Production, Inc. Regarding Venue (Reid, Devin) |
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Filing 5
ORDER: IT IS ORDERED THAT, no later than July 1, 2019, plaintiffs in the attached lists must provide full and complete initial disclosures. Failure to provide the disclosures by the above date will result in an order that plaintiffs and their counsel must appear in person before Judge Barbier to show cause why their cases should not be dismissed for failure to prosecute and/or pursuant to Fed.R.Civ.P.37(b)(2)(A)(v). IT IS FURTHER ORDERED THAT, as to all of the listed cases in which plaintiffs produce full and complete disclosures in compliance with this order, the deadline by which the parties must submit their venue filing is extended to no later than July 31, 2019. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 6/4/2019.(mmv)
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| 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) |
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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)(cg)
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| Filing 2 Initial Case Assignment to Judge Carl Barbier and Magistrate Judge Joseph C. Wilkinson, Jr. (gk) |
| Filing 1 COMPLAINT with jury demand against All Defendants (Filing fee $ 400 receipt number 053L-7386363) filed by Eduardo E Incer. (Attachments: #1 Exhibit A-Election Not to Mediate, #2 Civil Cover Sheet)Attorney Craig Downs added to party Eduardo E Incer(pty:pla).(Downs, Craig) |
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