Brown v. BP Exploration & Production, Inc. et al
Filing
77
ORDER AND REASONS: IT IS ORDERED that the 64 Motion to Exclude is GRANTED. IT IS FURTHER ORDERED that, to the extent the Plaintiff's arguments are construed as a spoliation motion, the spoliation motion is DENIED. IT IS FURTHER ORDERED that the 65 Motion for Summary Judgment is GRANTED. Signed by Judge Susie Morgan on 5/25/2023. (pp)
Case 2:17-cv-03097-SM-DPC Document 77 Filed 05/25/23 Page 1 of 2
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
LENA ELAINE BROWN,
Plaintiff
CIVIL ACTION
VERSUS
NO. 17-3097
BP EXPLORATION & PRODUCTION
INC., ET AL.,
Defendants
SECTION: “E” (2)
ORDER AND REASONS
Before the Court is a motion in limine to exclude the opinions of Lena Elaine
Brown’s (“Plaintiff”) general causation expert, Dr. Jerald Cook (“Cook”), filed by BP
Exploration & Production, BP America Production Company, and BP p.l.c. (collectively
“Defendants”).1 Also before the Court is the Defendants’ motion for summary judgment.2
Plaintiff has filed oppositions to both motions, and Defendants have filed replies. To the
extent Plaintiff’s opposition to Defendants’ motion in limine makes arguments that sound
in spoliation, the Court construes those arguments as a spoliation motion similar to those
filed separately in other B3 cases.3 The Court is prepared to rule on pending motions
herein.
Defendant’s motion in limine and motion for summary judgment are nearly
identical to the ones filed by Defendants, and granted by this Court, in other B3 cases.4
Likewise, Plaintiff’s arguments construed as a spoliation motion are nearly identical to
R. Doc. 64. Halliburton Energy Services, Inc., Transocean Holdings LLC, Transocean Deepwater, Inc., and
Transocean Offshore Deepwater Drilling, Inc., additional Defendants, join in the motion in limine.
2 R. Doc. 65. Halliburton Energy Services, Inc., Transocean Holdings LLC, Transocean Deepwater, Inc., and
Transocean Offshore Deepwater Drilling, Inc., additional Defendants, join in the motion for summary
judgment.
3
See, e.g., Bruton v. BP Exploration & Production, Inc., et al., Civ. A. 17-3110 at R. Doc. 107 (E.D. La.
11/30/2022) (Morgan, J.).
4 See id.; Harrison v. BP Exploration & Production, Inc, et al., Civ. A. 17-4346 at R. Doc. 85 (7/1/2022)
(Morgan, J.).
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Case 2:17-cv-03097-SM-DPC Document 77 Filed 05/25/23 Page 2 of 2
the ones filed by other B3 Plaintiffs, and denied by this Court, in other B3 cases.5
Accordingly, for the reasons stated in the Orders & Reasons issued in the cited B3
cases;
IT IS ORDERED that the motion in limine is GRANTED.
IT IS FURTHER ORDERED that, to the extent the Plaintiff’s arguments are
construed as a spoliation motion, the spoliation motion is DENIED.
IT IS FURTHER ORDERED that the motion for summary judgment is
GRANTED. Judgment is granted in favor of Defendants BP Exploration & Production,
BP America Production Company, BP p.l.c., Halliburton Energy Services, Inc.,
Transocean Holdings LLC, Transocean Deepwater, Inc., and Transocean Offshore
Deepwater Drilling, Inc., and against Plaintiff on all claims.
New Orleans, Louisiana, this 25th day of May, 2023.
________________________________
SUSIE MORGAN
UNITED STATES DISTRICT JUDGE
5
Bruton, Civ. A. 17-3110 at R. Doc. 107.
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