Cain v. BP Exploration & Production, Inc. et al
| Frances Louise Cain |
| BP America Production Company and BP Exploration & Production Inc. |
| 1:2019cv00868 |
| November 12, 2019 |
| US District Court for the Southern District of Mississippi |
| Louis Guirola |
| Robert H Walker |
| P.I.: Other |
| None |
Docket Report
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| Filing 20 MEMORANDUM in Support re #19 MOTION to Exclude MOTION for Order to Show Cause filed by BP America Production Company, BP Exploration & Production Inc. (Millette, Clare) |
| Filing 19 MOTION to Exclude , MOTION for Order to Show Cause by BP America Production Company, BP Exploration & Production Inc. (Attachments: #1 Exhibit A - Listing of 236 BELO Plaintiffs Subject to the Instant Motion, #2 Exhibit B - Part 1 - Nations Syndicate Forms Produced by 459 BELO Plaintiffs Purportedly Diagnosed by either Dr. Hoover or Dr. Martin, #3 Exhibit B - Part 2 - Nations Syndicate Forms Produced by 459 BELO Plaintiffs Purportedly Diagnosed by either Dr. Hoover or Dr. Martin, #4 Exhibit B - Part 3 - Nations Syndicate Forms Produced by 459 BELO Plaintiffs Purportedly Diagnosed by either Dr. Hoover or Dr. Martin, #5 Exhibit B - Part 4 - Nations Syndicate Forms Produced by 459 BELO Plaintiffs Purportedly Diagnosed by either Dr. Hoover or Dr. Martin, #6 Exhibit C - Deposition of James B. Martin, M.D., #7 Exhibit D - Good Faith Correspondence to Howard Nations, #8 Exhibit E - Exemplar Forms Produced by Plaintiffs Lamarice Riley and Katrina Kreeger, #9 Exhibit F - Deposition of Rick D. Hoover, D.O., #10 Exhibit G - Deposition of Eva Hvingelby, #11 Exhibit H - Deposition of Wendy Brunet, #12 Exhibit I - Rick Hoover, D.O. Affidavit of No Records in Response to Subpoena, #13 Exhibit J - James Martin, M.D. Affidavit of No Records in Response to Subpoena)(Millette, Clare) |
| Filing 18 Corporate Disclosure Statement by BP Exploration & Production Inc. identifying Corporate Parent BP p.l.c. for BP Exploration & Production Inc.. (Tardy, Thomas) |
| Filing 17 Corporate Disclosure Statement by BP America Production Company identifying Corporate Parent BP p.l.c. for BP America Production Company. (Tardy, Thomas) |
TEXT ONLY ORDER granting #16 Motion to Withdraw as Attorney. Attorneys Georgia Lee *Lucier-TRANSFER ATTORNEY; Catherine Pyune *McEldowney-TRANSFER ATTORNEY; Devin C. *Reid-TRANSFER ATTORNEY; Scott C. *Seiler-TRANSFER ATTORNEY; Don Keller *Haycraft-TRANSFER ATTORNEY and Kevin Michael *Hodges-TRANSFER ATTORNEY terminated. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Robert H. Walker on December 2, 2019. (Joffe, Scherry)
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| Filing 16 MOTION to Withdraw as Attorney Certain Counsel of Record by BP America Production Company, BP Exploration & Production Inc. (Tardy, Thomas) |
| Filing 15 NOTICE of Appearance by Edderek Linnel Cole on behalf of BP America Production Company, BP Exploration & Production Inc. (Cole, Edderek) |
| Filing 14 NOTICE of Appearance by Clare Smith Rush on behalf of BP America Production Company, BP Exploration & Production Inc. (Rush, Clare) |
| Filing 13 NOTICE of Appearance by Charles (Chan) E. McLeod on behalf of BP America Production Company, BP Exploration & Production Inc. (McLeod, Charles (Chan)) |
| Filing 12 NOTICE of Appearance by Thomas W. Tardy, III on behalf of BP America Production Company, BP Exploration & Production Inc. (Tardy, Thomas) |
| Filing 11 Case transferred in from District of Louisiana Eastern; Case Number 2:19-cv-10300. Original file certified copy of transfer order and docket sheet received. |
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Filing 10
ORDERED that the instant matter is hereby TRANSFERRED to the United States District Court for the Southern District of Mississippi. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 11/12/2019. (NEF: Sect J)(caa) [Transferred from Louisiana Eastern on 11/13/2019.]
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| Filing 9 Statement by BP America Production Company, BP Exploration & Production, Inc. Regarding Venue (Reid, Devin) [Transferred from Louisiana Eastern on 11/13/2019.] |
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Filing 8
ORDER--IT IS ORDERED THAT, no later than October 2, 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 inperson 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 fulland complete disclosures in compliance with this order, the deadline by which the parties must submit their venue filing is extended to no later than October 31, 2019.Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 9/5/19.(ko)(NEF: Sect J) [Transferred from Louisiana Eastern on 11/13/2019.]
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Filing 7
ORDER ADOPTING REPORT AND RECOMMENDATIONS #6 . The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge (Rec. Doc. 6), and the failure of any party to file an objection to the Report and Recommendation, hereby ACCEPTS the Report and Recommendation and adopts it as its opinion in this matter. Accordingly, IT IS ORDERED that the BP Parties' Partial Motion to Dismiss (Rec. Doc. 4) is GRANTED and Plaintiff Frances Louise Cains complaint is DISMISSED IN PART solely as to her claim for chronic obstructive pulmonary disease. This dismissal is without prejudice to refiling once all BELO suit pre-conditions are met. Plaintiff's other claims/conditions in her complaint are not dismissed. Signed by Judge Carl Barbier on 7/11/2019.(cg)(cc:Judge Wilkinson, Jr.) [Transferred from Louisiana Eastern on 11/13/2019.]
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| Filing 6 REPORT AND RECOMMENDATIONS re #4 MOTION to Dismiss Plaintiff's claim for recovery for COPD filed by BP America Production Company, BP Exploration & Production, Inc. RECOMMENDED that defendants' motion be GRANTED and that the single claim in plaintiffs complaint concerning COPD be DISMISSED WITHOUT PREJUDICE. Objections to R&R due by 7/10/2019. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 6/26/2019. (NEF: Sect J)(caa) [Transferred from Louisiana Eastern on 11/13/2019.] |
| Filing 5 ANSWER to #1 Complaint, by BP America Production Company, BP Exploration & Production, Inc..(Haycraft, Don) [Transferred from Louisiana Eastern on 11/13/2019.] |
| Filing 4 MOTION to Dismiss Plaintiff's claim for recovery for COPD 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, #5 Exhibit B, #6 Exhibit C)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 11/13/2019.] |
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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) [Transferred from Louisiana Eastern on 11/13/2019.]
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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 11/13/2019.] |
| Filing 1 COMPLAINT against BP America Production Company, BP Exploration & Production, Inc. (Filing fee $ 400 receipt number 053L-7634667) filed by Frances Louise Cain. (Attachments: #1 Civil Cover Sheet)Attorney Howard L. Nations added to party Frances Louise Cain(pty:pla).(Nations, Howard) [Transferred from Louisiana Eastern on 11/13/2019.] |
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