Lanza v. BP Exploration & Production, Inc. et al
| Claudia Lanza |
| BP Exploration & Production Inc. and BP America Production Company |
| 1:2019cv23294 |
| August 7, 2019 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
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| Filing 22 NOTICE of Mediator Selection. Added Manuel R Morales, Jr. (Smith, Schuyler) |
Filing 21
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two week trial period beginning June 22, 2020, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Chief Judge K. Michael Moore on 9/9/2019. (jm01)
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Filing 20
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two week trial period of June 22, 2020, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on June 18, 2020, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for June 9, 2020, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits 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. THE FILING BY COUNSEL OF A NOTICE OF UNAVAILABILITY BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Chief Judge K. Michael Moore on 9/9/2019. (jm01)
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| Filing 19 Joint SCHEDULING REPORT - Rule 26(f) by BP America Production Company, BP Exploration & Production Inc. (Attachments: #1 Exhibit A)(Smith, Schuyler) |
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Filing 18
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion to Withdraw and Substitute Counsel of Record. #15 . Therein, counsel for Defendants request that attorneys Jerry D. Hamilton, Schuyler A. Smith, and Marta R. Golani, of the law firm Hamilton Miller & Birthisel LLP 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, 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, 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 Jerry D. Hamilton, Schuyler A. Smith, and Marta R. Golani, of the law firm Hamilton Miller & Birthisel LLP as counsel for Defendants and remove Kevin M. Hodges of Williams & Connolly LLP, Catherine Pyune McEldowney of Maron Marvel Bradley Anderson & Tardy LLC, and Don Keller Haycraft of Liskow & Lewis as counsel for Defendants. Signed by Chief Judge K. Michael Moore on 8/21/2019. (jm01)
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| Filing 17 Certificate of Other Affiliates/Corporate Disclosure Statement by BP Exploration & Production Inc. identifying Other Affiliate BP plc for BP Exploration & Production Inc. (Smith, Schuyler) |
| Filing 16 Certificate of Other Affiliates/Corporate Disclosure Statement by BP America Production Company identifying Other Affiliate BP plc for BP America Production Company (Smith, Schuyler) |
| Filing 15 Unopposed STIPULATED MOTION for Substitution of Counsel. Substituting Jerry D. Hamilton, Schuyler A. Smith, Peter J. Lewis for Kevin M. Hodges, Catherine P. McEldowney, Don K. Haycraft by BP America Production Company. Responses due by 9/4/2019 (Smith, Schuyler) |
| Filing 14 NOTICE of Attorney Appearance by Schuyler Analise Smith on behalf of BP America Production Company. Attorney Schuyler Analise Smith added to party BP America Production Company(pty:dft). (Smith, Schuyler) |
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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. (ah03)
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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 Circuits 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. (ah03)
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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. (ah03)
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| Filing 10 Bar Letter re: Admissions sent to attorney Don Keller Haycraft, Catherine Pyune McEldowney, Devin C. Reid, Georgia Lee Lucier, Kevin Michael Hodges, Scott C. Seiler, mailing date August 7, 2019, (cco) |
| 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-01431. Electronic file including transfer order and docket sheet received. .(bb). |
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Filing 7
Case transferred to Southern District of Florida. IT IS 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 8/7/2019.(pp)(NEF: Hon. Carl J. Barbier)
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| Filing 6 Statement by BP America Production Company, BP Exploration & Production, Inc. Regarding Venue (Haycraft, Don) |
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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 showcause 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 6/4/19.(ko)
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| 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) |
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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)
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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-7431590) filed by Claudia Lanza. (Attachments: #1 Exhibit A-Election Not to Mediate, #2 Civil Cover Sheet)Attorney Craig Downs added to party Claudia Lanza(pty:pla).(Downs, Craig) |
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