Aquadrill US Gulf LLC et al v. BP Exploration & Production, Inc.
| AQUADRILL US GULF LLC, AQUADRILL GULF OPERATIONS VELA LLC and AQUADRILL GULF OPERATIONS AURIGA LLC |
| BP EXPLORATION & PRODUCTION, INC. |
| 1:2021cv08156 |
| October 1, 2021 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Other Statutes: Arbitration |
| 09 U.S.C. § 1 |
| None |
Docket Report
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This docket was last retrieved on November 15, 2021. A more recent docket listing may be available from PACER.
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Filing 26
CLERK'S JUDGMENT re: #25 Memorandum & Opinion, in favor of BP Exploration & Production, Inc. against Aquadrill Gulf Operations Auriga LLC, Aquadrill Gulf Operations Vela LLC, Aquadrill US Gulf LLC. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order and Opinion dated November 15, 2021, the petition to vacate the award is denied, and Respondent's request to confirm the award is granted. (Signed by Clerk of Court Ruby Krajick on 11/15/2021) (Attachments: #1 Notice of Right to Appeal) (dt)
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Filing 25
ORDER AND OPINION GRANTING MOTION TO CONFIRM AND DENYING MOTION TO VACATE THE ARBITRATION AWARD. The petition to vacate the award is denied, and Respondent's request to confirm the award is granted. The Clerk shall terminate the motion (ECF No. 1). SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 11/15/21) (yv) Transmission to Orders and Judgments Clerk for processing.
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Filing 24
NOTICE OF APPEARANCE by Oren J. Warshavsky on behalf of Aquadrill Gulf Operations Auriga LLC, Aquadrill Gulf Operations Vela LLC, Aquadrill US Gulf LLC..(Warshavsky, Oren)
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Filing 23
MEMO ENDORSEMENT on re: #22 Letter Request for Extension of Time to Reply in Support of Petition to Vacate an Arbitral Award, filed by Aquadrill Gulf Operations Vela LLC, Aquadrill US Gulf LLC, Aquadrill Gulf Operations Auriga LLC. ENDORSEMENT : The request is granted. SO ORDERED., ( Replies due by 12/3/2021.) (Signed by Judge Alvin K. Hellerstein on 11/9/21) (yv)
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Filing 22
LETTER addressed to Judge Alvin K. Hellerstein from Mark A. Cymrot dated November 9, 2021 re: Request for Extension of Time to Reply in Support of Petition to Vacate an Arbitral Award. Document filed by Aquadrill Gulf Operations Auriga LLC, Aquadrill Gulf Operations Vela LLC, Aquadrill US Gulf LLC..(Cymrot, Mark)
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Filing 21
DECLARATION of Christian Leathley in Opposition re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,,,,,,,,,,,,,,,,,,,,,,, #20 Memorandum of Law in Opposition. Document filed by BP Exploration & Production, Inc...(Leathley, Christian)
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Filing 20
MEMORANDUM OF LAW in Opposition re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,,,,,,,,,,,,,,,,,,,,,,, . Document filed by BP Exploration & Production, Inc...(Balber, Scott)
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Filing 19
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BP PLC for BP Exploration & Production, Inc.. Document filed by BP Exploration & Production, Inc...(Balber, Scott)
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Filing 18
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Aquadrill Capricorn Holdings LLC, Corporate Parent Aquadrill LLC, Other Affiliate Sculptor Capital Management, Other Affiliate Invesco for Aquadrill Gulf Operations Auriga LLC, Aquadrill Gulf Operations Vela LLC, Aquadrill US Gulf LLC. Document filed by Aquadrill Gulf Operations Auriga LLC, Aquadrill Gulf Operations Vela LLC, Aquadrill US Gulf LLC..(Cymrot, Mark)
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Filing 17
NOTICE OF APPEARANCE by Louis Thivierge on behalf of BP Exploration & Production, Inc...(Thivierge, Louis)
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Filing 16
ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Steven B. Jacobs dated October 7, 2021 re: letter requesting seal. ENDORSEMENT: The application is denied. The Order I issued this morning is the operative Order. So ordered.. (Signed by Judge Alvin K. Hellerstein on 10/7/2021) (ks)
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Filing 15
ORDER REGULATING PROCEEDINGS: Plaintiffs petition to vacate an arbitration award. The petition attaches 74 exhibits, purporting to be the entire record of the arbitration. Defendant, by letter of October 9, 2021 (ECF No. 9), asks for an emergency conference intended to seal or strike all or some of the exhibits. Defendant's request for a conference is denied. I do not accept letter motions unless authorized by my rules or by me, specifically. If relief is requested, it must be by motion, and narrowly tailored to relate only to documents that are likely to prejudice the moving party. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119 (2d Cir. 2006); Mut. Marine Office, Inc. v. Transfercom Ltd., No. 08-cv-10367, 2009 WL 1025965, at *5 (S.D.N.Y. Apr. 15, 2009) (noting that the party seeking the seal "must offer specific facts 'demonstrating that closure is essential to preserve higher values and is narrowly tailored to serve that interest.'" (citing Lugosch, 435 F.3d at 120)). Defendant also writes for an extension of time to Answer to November 5, 2021 (ECF No. 14), pursuant to Rule 1D of my Individual Rules of Practice. The extension is granted. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 10/7/2021) BP Exploration & Production, Inc. answer due 11/5/2021. (ks)
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Filing 14
LETTER addressed to Judge Alvin K. Hellerstein from Scott S. Balber dated October 6, 2021 re: Extension of Time. Document filed by BP Exploration & Production, Inc...(Balber, Scott)
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Filing 13
NOTICE OF APPEARANCE by Daniela Jeaneth Paez Salgado on behalf of BP Exploration & Production, Inc...(Paez Salgado, Daniela)
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Filing 12
NOTICE OF APPEARANCE by Steven Benjamin Jacobs on behalf of BP Exploration & Production, Inc...(Jacobs, Steven)
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Filing 11
NOTICE OF APPEARANCE by Christian Leathley on behalf of BP Exploration & Production, Inc...(Leathley, Christian)
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Filing 10
LETTER addressed to Judge Alvin K. Hellerstein from Mark A. Cymrot dated October 6, 2021 re: Respondent's Letter regarding Confidentiality. Document filed by Aquadrill Gulf Operations Auriga LLC, Aquadrill Gulf Operations Vela LLC, Aquadrill US Gulf LLC..(Cymrot, Mark)
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Filing 9
LETTER addressed to Judge Alvin K. Hellerstein from Scott S. Balber dated October 6, 2021 re: Emergency Request for Conference. Document filed by BP Exploration & Production, Inc...(Balber, Scott)
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Filing 8
NOTICE OF APPEARANCE by Scott Sonny Balber on behalf of BP Exploration & Production, Inc...(Balber, Scott)
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Filing 7
FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Aquadrill Capricorn Holdings LLC, Corporate Parent Aquadrill LLC for Aquadrill Gulf Operations Auriga LLC, Aquadrill Gulf Operations Vela LLC, Aquadrill US Gulf LLC. Document filed by Aquadrill Gulf Operations Auriga LLC, Aquadrill Gulf Operations Vela LLC, Aquadrill US Gulf LLC..(Cymrot, Mark) Modified on 10/4/2021 (lb).
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Filing 6
ELECTRONIC SUMMONS ISSUED as to BP Exploration & Production, Inc...(pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mark Alan Cymrot. The following case opening statistical information was erroneously selected/entered: Cause of Action code 09:201; County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 09:01; the County code has been modified to XX Out of State;. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mark Alan Cymrot. The party information for the following party/parties has been modified: AQUADRILL US GULF LLC, AQUADRILL GULF OPERATIONS AURIGA LLC, AQUADRILL GULF OPERATIONS VELA LLC, BP EXPLORATION & PRODUCTION, INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; DO NOT TYPE ALL PARTY NAMES IN ALL CAPS. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
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Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
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Case Designated ECF. (pc)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Mark Alan Cymrot to RE-FILE Document #7 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not all Corporate Parents were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
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Filing 5
DECLARATION of Mark A. Cymrot in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,,,,,,,,,,,,,,,,,,,,,,,. Document filed by AQUADRILL GULF OPERATIONS AURIGA LLC, AQUADRILL GULF OPERATIONS VELA LLC, AQUADRILL US GULF LLC..(Cymrot, Mark)
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Filing 4
MEMORANDUM OF LAW in Support re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,,,,,,,,,,,,,,,,,,,,,,, . Document filed by AQUADRILL GULF OPERATIONS AURIGA LLC, AQUADRILL GULF OPERATIONS VELA LLC, AQUADRILL US GULF LLC..(Cymrot, Mark)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to BP EXPLORATION & PRODUCTION, INC., re: #1 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,,,,,,,,,,,,,,,,,,,,,,,,,,. Document filed by BP EXPLORATION & PRODUCTION, INC...(Cymrot, Mark)
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Filing 2
CIVIL COVER SHEET filed..(Cymrot, Mark)
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Filing 1
PETITION TO Vacate ARBITRATION. (Filing Fee $ 402.00, Receipt Number ANYSDC-25142518).Document filed by AQUADRILL US GULF LLC, AQUADRILL GULF OPERATIONS AURIGA LLC, AQUADRILL GULF OPERATIONS VELA LLC. (Attachments: #1 Exhibit 1-Award, #2 Exhibit 2-Agreement to Arbitrate (CX01, #3 Exhibit 3-Letter from ICDR Regarding Challenge, #4 Exhibit 4-Demand for Arbitration, #5 Exhibit 5-Respondents General Denial, #6 Exhibit 6-Claimants Prehearing Memorial, #7 Exhibit 7-Respondents Counter-Memorial, #8 Exhibit 8-Claimants Prehearing Reply Memorial, #9 Exhibit 9-Respondents Rejoinder Memorial, #10 Exhibit 10-Part 1-Hearing Transcript (March 1-4, 2021), #11 Exhibit 10-Part 2, #12 Exhibit 11-Claimants Post-Hearing Memorial, #13 Exhibit 12-Respondents Post-Hearing Memorial, #14 Exhibit 13-Claimants Post-Hearing Reply Memorial, #15 Exhibit 14-Respondents Post-Hearing Reply Memorial, #16 Exhibit 15-Claimants List of Issues, #17 Exhibit 16-Respondents List of Issues, #18 Exhibit 17-Witness Statement of William Crombie, #19 Exhibit 18-Witness Statement of Javier Hernandez Jr., #20 Exhibit 19-Witness Statement of Ronald Long, #21 Exhibit 20-Second Witness Statement of Ronald Long, #22 Exhibit 21-Witness Statement of Matthew Lyne, #23 Exhibit 22-Second Witness Statement of Matthew Lyne, #24 Exhibit 23-Witness Statement of Karen Najvar, #25 Exhibit 24-Second Witness Statement Karen Najvar, #26 Exhibit 25-Witness Statement of Matthew Rose, #27 Exhibit 26-Witness Statement of Jeff Todish, #28 Exhibit 27-Second Witness Statement of Jeff Todish, #29 Exhibit 28-Expert Report of Lyndol Dew, #30 Exhibit 29-Rejoinder Expert Report of Lyndol Dew, #31 Exhibit 30-Expert Report of H. David Rosenbloom, #32 Exhibit 31-Supplemental Expert Report of H. David Rosenbloom, #33 Exhibit 32-Rejoinder Expert Report of H. David Rosenbloom, #34 Exhibit 33-Expert Report of Report of Philip R. West, #35 Exhibit 34-CX02 Capricorn Contract, #36 Exhibit 34-Part 2, #37 Exhibit 34-Part 3, #38 Exhibit 34-Part 4, #39 Exhibit 34-Part 5, #40 Exhibit 34-Part 6, #41 Exhibit 34-Part 7, #42 Exhibit 34-Part 8, #43 Exhibit 34-Part 9, #44 Exhibit 34-Part 10, #45 Exhibit 34-Part 11, #46 Exhibit 34-Part 12, #47 Exhibit 35-CX03 Vela Contract, #48 Exhibit 35-Part 2, #49 Exhibit 35-Part 3, #50 Exhibit 35-Part 4, #51 Exhibit 35-Part 5, #52 Exhibit 35-Part 6, #53 Exhibit 35-Part 7, #54 Exhibit 35-Part 8, #55 Exhibit 35-Part 9, #56 Exhibit 36-CX04 Auriga Contract, #57 Exhibit 36-Part 2, #58 Exhibit 36-Part 3, #59 Exhibit 36-Part 4, #60 Exhibit 36-Part 5, #61 Exhibit 36-Part 6, #62 Exhibit 36-Part 7, #63 Exhibit 36-Part 8, #64 Exhibit 36-Part 9, #65 Exhibit 37-CX06 Capricorn Bareboat Charter Agreement, #66 Exhibit 38-CX07 Capricorn Assignment, #67 Exhibit 39-CX10 September 12, 2012 Seadrill Letter to BP regarding MLP Structure, #68 Exhibit 40-CX11 September 19, 2012 email exchange regarding BPs language for Art. 12.6, #69 Exhibit 41-CX12 September 20, 2012, BP email regarding Art. 12.6, #70 Exhibit 42-CX15 Auriga Assignment, #71 Exhibit 43-CX16 Vela Assignment, #72 Exhibit 44-CX17 Auriga Bareboat Charter Agreement, #73 Exhibit 45-CX18 Vela Bareboat Charter Agreement, #74 Exhibit 46-CX22 October 29, 2014 Letter from Seadrill to BP notifying BP of assignment agreements, #75 Exhibit 47-CX23 February 5, 2018 Seadrill Letter to BP regarding BEAT, #76 Exhibit 48-CX27 November 6, 2018 BP email to Seadrill regarding bifurcation request, #77 Exhibit 49-CX28 November 23, 2018 Seadrill Letter to BP requesting Variation, #78 Exhibit 50-CX29 February 4, 2019 Capricorn Letter of Dispute, #79 Exhibit 51-CX30 February 4, 2019 Vela Letter of Dispute, #80 Exhibit 52-CX31 Feb 4, 2019 Vela Letter of Dispute, #81 Exhibit 53-53: CX32 February 13, 2019 Transocean SEC Filing, #82 Exhibit 54-CX35 June 8, 2012 BP email to Seadrill with BP Model Contract, #83 Exhibit 54-Part 2, #84 Exhibit 54-Part 3, #85 Exhibit 54-Part 4, #86 Exhibit 54-Part 5, #87 Exhibit 54-Part 6, #88 Exhibit 54-Part 7, #89 Exhibit 55-CX39 August 14, 2012 Seadrill email with redline comparison of BP Model Contract, #90 Exhibit 55-Part 2, #91 Exhibit 55-Part 3, #92 Exhibit 55-Part 4, #93 Exhibit 55-Part 5, #94 Exhibit 55-Part 6, #95 Exhibit 55-Part 7, #96 Exhibit 55-Part 8, #97 Exhibit 56-CX40 August 30, 2012 BP email to Seadrill with Section 2 revisions, #98 Exhibit 56-Part 2, #99 Exhibit 56-Part 3, #100 Exhibit 56-Part 4, #101 Exhibit 56-Part 5, #102 Exhibit 57-CX41 September 12, 2012 Seadrill email to BP attaching CX10, #103 Exhibit 58-CX42 September 13, 2012 BP email to Seadrill regarding Art. 12.6, #104 Exhibit 59-CX43 September 13, 2012 Section 2 revisions, #105 Exhibit 59-Part 2, #106 Exhibit 59-Part 3, #107 Exhibit 59-Part 4, #108 Exhibit 59-Part 5, #109 Exhibit 60-CX44 September 13, 2012 BP email to Seadrill regarding MLP Structure, #110 Exhibit 61-CX45 September 19, 2012 BP email to Seadrill regarding Art. 12.6, #111 Exhibit 62-CX46 September 20, 2012 BP email copying Seadrill regarding Art. 12.6, #112 Exhibit 63-CX47 Revisions to 2, #113 Exhibit 63-Part 2, #114 Exhibit 63-Part 3, #115 Exhibit 63-Part 4, #116 Exhibit 63-Part 5, #117 Exhibit 64-CX48 October 17, 2012 BP internal email regarding BP risk of tax, #118 Exhibit 65-CX49 Seadrill spreadsheet reviewing Auriga and Vela Contracts, #119 Exhibit 66-RX03 July 23, 2012 Seadrill email to BP with Section 2 revisions, #120 Exhibit 66-Part 2, #121 Exhibit 66-Part 3, #122 Exhibit 66-Part 4, #123 Exhibit 66-Part 5, #124 Exhibit 67-Transcript of Bankruptcy Court Hearing dated January 28, 2021, #125 Exhibit 68-Bankruptcy Court Order dated February 25, 2021, #126 Exhibit 69-Delaware Certificate of Amendment (Auriga Change of Name), #127 Exhibit 70-Texas Certificate of Amended Registration (Auriga Change of Name), #128 Exhibit 71-Delaware Certificate of Amendment (Capricorn Change of Name), #129 Exhibit 72-Texas Certificate of Amended Registration (Capricorn Change of Name), #130 Exhibit 73-Delaware Certificate of Amendment (Vela Change of Name), #131 Exhibit 74-Texas Certificate of Amended Registration (Vela Change of Name)).(Cymrot, Mark)
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