Gregoire et al v. Transocean, Ltd.

Filing 38

INTERIM CASE MANAGEMENT ORDER #1: This Order is to govern the conduct of all suits arising out of the Deepwater Horizon events which are pending in Section "J". This Order Shall also apply to any additional related cases which are allotted or transferred to this Section, until such time as the JPML may issue any transfer order relating to one or more of the actions pursuant to 28 U.S.C. 1407. For ease of administration, all suits arising out of the Deepwater Horizon explosion, fire or resulting spill & which are pending in this Section shall be administratively consolidated for pre-trial purposes, pending a ruling on transfer & coordination by the JPML, under the earliest filed Civil Action No. 10-1156, & bearing the caption: In re: Deepwater Horizon. The party filing a pleading shall identify in the caption of the pleading whether the filing "Applies to All Cases" or shall designate the specific Civil Action or Actions to which the filing applies. The Court has appointed Stephen J. Herman and James Parkerson Roy as Interim Liaison Counsel on behalf of all plaintiffs, and Don K. Haycraft Interim Liaison Counsel on behalf of all defendants who have cases pending in this Section. Further Information/Instructions re management of case are as set forth in document. Signed by Judge Carl Barbier on 6/21/10.(sek, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA In re: DEEPWATER HORIZON * * * SECTION "J" * DIVISION "3" * JUDGE CARL J. BARBIER * MAGISTRATE SHUSHAN * Applies to 10-CV-1156, 10-CV1196, 10-CV-1222, 10-CV-1249, 10CV-1250, 10-CV-1295, 10-CV-1324, 10-CV-1339, 10-CV-1346, 10-CV1351, 10-CV-1352, 10-CV-1411, 10CV-1446, 10-CV-1452, 10-CV-1462, 10-CV-1472, 10-CV-1482, 10-CV1484, 10-CV-1499, 10-CV-1502, 10CV-1506, 10-CV-1512, 10-CV-1515, 10-CV-1540, 10-CV-1541, 10-CV1542, 10-CV-1560, 10-CV-1561, 10CV-1573, 10-CV-1574, 10-CV-1613, 10-CV-1615, 10-CV-1630 *************************************** * CMO No. 1 INTERIM CASE MANAGEMENT ORDER On motion of interested parties and upon Order of the Court, pursuant to its authority under Rule 16 of the Federal Rules of Civil Procedure to implement an efficient and orderly administration of the instant litigation: CIVIL ACTION NO. 10-CV-1156 C/W 10-CV-1196

IT IS HEREBY ORDERED THAT:

1.

Until such time as the Judicial Panel on Multidistrict Litigation ("JPML")

decides where to transfer and coordinate some or all cases arising out of the Deepwater Horizon fire, explosion and resulting spill, this Order is to govern the conduct of all suits arising out of the Deepwater Horizon events which are pending in Section "J" of this U.S. District Court, including Civil Action Nos. 10-CV-1156, 10-CV-1196, 10-CV-1222, 10-CV-1249, 10-CV-1250, 10-CV-1295, 10-CV-1324, 10-CV-1339, 10-CV-1346, 10CV-1351, 10-CV-1352, 10-CV-1411, 10-CV-1446, 10-CV-1452, 10-CV-1462, 10-CV1472, 10-CV-1482, 10-CV-1484, 10-CV-1499, 10-CV-1502, 10-CV-1506, 10-CV-1512, 10-CV-1515, 10-CV-1540, 10-CV-1541, 10-CV-1542, 10-CV-1560, 10-CV-1561, 10CV-1573, 10-CV-1574, 10-CV-1613, 10-CV-1615, 10-CV-1630. This Order Shall also apply to any additional related cases which are allotted or transferred to this Section, until such time as the JPML may issue any transfer order relating to one or more of the actions pursuant to 28 U.S.C. 1407.

2.

For ease of administration, all suits arising out of the Deepwater Horizon

explosion, fire or resulting spill and which are pending in this Section shall be administratively consolidated for pre-trial purposes, pending a ruling on transfer and coordination by the JPML, under the earliest filed Civil Action No. 10-1156, and bearing the caption: In re: Deepwater Horizon. The party filing a pleading shall identify in the caption of the pleading whether the filing "Applies to All Cases" or shall designate the specific Civil Action or Actions to which the filing applies.

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3.

The Court has appointed Stephen J. Herman and James Parkerson Roy as

Interim Liaison Counsel on behalf of all plaintiffs, and Don K. Haycraft Interim Liaison Counsel on behalf of all defendants who have cases pending in this Section. The role of Interim Liaison Counsel will be to coordinate and facilitate communications between and among the Court, plaintiffs' counsel, and defense counsel; to advise the Court and counsel with respect to proceedings in other U.S. District and/or State Courts; and to assist in the orderly management of these consolidated proceedings. 4. The filing of responsive pleadings by the defendants in these

administratively consolidated cases will not be required until further Court order. The entry of this Order shall not constitute a general appearance by any party, and all existing jurisdictional or other objections and defenses are reserved. 5. Motions to Stay pending the ruling of the MDL Panel have been

considered and denied; no further motions or oppositions regarding that issue are required. 6. The BP Defendants will make documents available to a multi-

jurisdictional depository pursuant to the letter agreement dated June 11, 2010, (attached as Exhibit "A"), subject to a Protective Order, which will be submitted by the Parties for the Court's consideration by June 30, 2010, (or, in the absence of agreement among the parties, each party will submit its own proposed order by June 30, 2010, and the Court will rule thereon). All other Defendants will make the same corresponding sets of documents available along the same time-line, and under the same terms, by depositing them into the same depository, their own separate depository (or depositories), or by delivering them to Plaintiffs' Liaison Counsel.

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7.

All outstanding written discovery requests will be held in abeyance and no

formal objections or responses shall be required, absent further order of the Court. In addition, no formal written discovery requests shall be served absent further Court order, upon a showing of good cause. 8. Depositions will not be conducted absent further Court order, upon a

showing of good cause. 9. All Parties reserve and retain the right to conduct any and all appropriate

discovery pursuant to Federal Rules of Civil Procedure 26, et seq., after the JPML has had the opportunity to consider and rule upon the pending motions for transfer and coordination under 28 U.S.C. 1407. 10. The Court shall retain jurisdiction, and will periodically request status

reports and hold status conferences as may be appropriate, in order to address issues that may arise from time to time, including, for example, outstanding questions or other issues arising regarding the claims process, as well as health, safety and environmental issues. Hello This is a Test
21st New Orleans, Louisiana, this ___ day of _________, 2010. June

______________________________________
United States District Judge CARL J. BARBIER, DISTRICT JUDGE

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