Birdsall v. BP America Production Company

Filing 1

COMPLAINT against BP America Production Company (Filing fee $ 350 receipt number 053L-3222726) filed by Gary Birdsall. (Attachments: # 1 Civil Cover Sheet)(Coffey, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
GARY BIRDSALL

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VERSUS
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BP AMERICA PRODUCTION COMPANY
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CIVIL ACTION
NO.
SECTION
MAGISTRATE

COMPLAINT FOR BREACH OF CONTRACT
REGARDING VESSELS OF OPPORTUNITY
NOW INTO COURT, through undersigned counsel, comes plaintiff, Gary Birdsall, a
person of the full age of majority and a resident of the State of Louisiana, who, for a cause of
action, does state as follows:
I.
Defendant, BP America Production Company, a foreign corporation licensed to do and
doing business in this judicial district.
II.
Venue is proper within this judicial district.
III.
This Court has jurisdiction over this matter pursuant 28 U.S.C. §1333, federal question,
this being a claim under the General Maritime Law of the United States and whereas there is

complete diversity of the parties and an amount in controversy exceeding $75,000 pursuant to 28
U.S.C. ¶1332.
IV.
On or around May 26, 2010, plaintiff, Gary Birdsall, individually, entered a Master
Vessel Charter Agreement with defendant, BP America Production Company, wherein defendant
agreed to employ plaintiff's vessels as part of the Gulf of Mexico cleanup effort following the
tragic rig explosion and oil spill occurring on April 20, 2010.
V.
Plaintiff provided his vessels and crew and made available on a standby basis vessels and
crew as part of defendant’s cleanup effort pursuant to the terms of the parties’ contract.
VI.
While performing work for the defendant, plaintiff’s vessel sustained damages for which
defendant is responsible pursuant to the terms of the Master Vessel Charter Agreement and
submitted a detail claim for payment of those damages to defendant.
VII.
Despite amicable demand, defendant has refused to make payment.
VIII.
This suit is brought pursuant to the General Maritime Laws of the United States and/or
Louisiana state law, made applicable to this dispute pursuant to the choice of law provisions
contained in the parties’ contract.
IX.
Plaintiff seeks all damages and amounts reasonable in the premises, including all
consequential damages resulting directly or indirectly from defendants’ failure to pay.

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X.
Plaintiff further seeks an award of attorney’s fees to the extent allowed by law.
WHEREFORE, plaintiff prays that after due proceedings had, there be judgment
rendered herein in his favor and against defendant, in the amount set forth above, for attorney’s
fees, for all costs incurred, for interest from the date of judicial demand until paid in full, and for
any and all other relief to which they are entitled.
Respectfully submitted:
/s/ Wm. David Coffey
FRANK E. LAMOTHE, III, T.A. (#7945)
WM. DAVID COFFEY (#24056)
LAMOTHE LEA AERTKER, LLC
724 E. Boston Street
Covington, Louisiana 70433
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
Service to be made through Lexis Nexis File & Serve

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