Simmons v. BP Exploration & Production, Inc.
| Charles Anthony Simmons |
| BP America Production Company and BP Exploration & Production, Inc. |
| 2:2019cv10129 |
| May 6, 2019 |
| US District Court for the Eastern District of Louisiana |
| Carl Barbier |
| P.I.: Other |
| 28 U.S.C. ยง 1333 |
| None |
Docket Report
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| Filing 6 REPORT AND RECOMMENDATIONS: For all the forgoing reasons, it is RECOMMENDED that defendants' #4 motion be GRANTED and that plaintiff's #1 complaint be DISMISSED WITHOUT PREJUDICE for failure to satisfy the conditions precedent to filing a BELO lawsuit on behalf of a deceased Medical Benefits Settlement Class Member as required in the Medical Settlement Agreement. A party's failure to file written objections to the proposed findings, conclusions, andrecommendation in a magistrate judge's report and recommendation within fourteen (14) days after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court, provided that the party has been served with notice that such consequences will result from a failure to object. Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc) (citing 28 U.S.C. 636(b)(1)). It is suggested, in these circumstances, that any objection to this report and recommendationfiled by plaintiff's counsel should attach the required documentation establishing that Codell Gayden is in fact plaintiff's legally Authorized Representative to pursue this claim. Objections to R&R due by 7/10/2019. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 6/26/2019.(mmv) |
| Filing 5 ANSWER to #1 Complaint, by BP America Production Company, BP Exploration & Production, Inc..(Haycraft, Don) |
| Filing 4 MOTION to Dismiss by BP America Production Company, BP Exploration & Production, Inc.. Motion(s) referred to Joseph C. Wilkinson, Jr. Motion(s) will be submitted on 6/26/2019. (Attachments: #1 Notice of Submission, #2 Proposed Order, #3 Memorandum in Support, #4 Exhibit A)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) |
Filing 3
INITIAL PROCEEDINGS CASE MANAGEMENT ORDERS No.'s 1 and 2. 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 against BP America Production Company, BP Exploration & Production, Inc. (Filing fee $ 400 receipt number 053L-7624781) filed by Charles Anthony Simmons. (Attachments: #1 Civil Cover Sheet)Attorney Howard L. Nations added to party Charles Anthony Simmons(pty:pla).(Nations, Howard) |
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