Brumfield v. BP Exploration & Production, Inc. et al

Filing 69

ORDER AND REASONS denying as moot 47 Motion to Continue All Scheduling Deadlines. Signed by Judge Sarah S. Vance on 11/28/2022. (mm)

Case 2:17-cv-03107-SSV-MBN Document 69 Filed 11/28/22 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
HERBERT LEE BRUMFIELD

CIVIL ACTION

VERSUS

NO. 17-3107

B.P. EXPLORATION &
PRODUCTION, INC., ET AL.

SECTION “R” (5)

ORDER AND REASONS
Before the Court is plaintiff Herbert Lee Brumfield’s motion to
indefinitely continue all scheduling deadlines until plaintiff’s counsel has
completed discovery on the issue of BP’s failure to conduct dermal
monitoring and biomonitoring.1 Defendants oppose plaintiff’s motion. 2
Plaintiff’s motion to continue is denied as moot. Plaintiff’s recently
filed spoliation motion based on BP’s failure to conduct monitoring, in
addition to the September 15, 2022 deposition of Dr. Richard Heron,
together evidence that Brumfield has effectively concluded discovery on this
issue. Further, as noted in the Court’s Order and Reasons granting summary
judgment to BP and excluding Dr. Cook’s testimony, additionally discovery
on BP’s failure to conduct monitoring is not germane to either summary

1
2

R. Doc. 47.
R. Doc. 48
1

Case 2:17-cv-03107-SSV-MBN Document 69 Filed 11/28/22 Page 2 of 2

judgment or the admissibility of plaintiff’s proposed expert opinion. The
additional information sought, and now received, does not cure the
deficiency in plaintiff’s case.
Plaintiff’s motion to continue is DENIED as MOOT.

28th day of November, 2022.
New Orleans, Louisiana, this _____

_____________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

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