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

Filing 72

ORDER AND REASONS GRANTING 55 Motion in Limine. IT IS FURTHER ORDERED that the 58 spoliation motion is DENIED. IT IS FURTHER ORDERED that the 56 motion for summary judgment is GRANTED. Signed by Judge Susie Morgan on 2/21/2024. (pp)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
KENDRICK D. THOMAS,
Plaintiff

CIVIL ACTION

VERSUS

NO. 17-4195

BP EXPLORATION & PRODUCTION
INC., ET AL.,
Defendants

SECTION: “E” (4)

ORDER AND REASONS
Before the Court is a motion in limine to exclude the opinions of Plaintiff Kendrick
Thomas’s general causation expert, Dr. Jerald Cook (“Cook”), filed by Defendants, BP
Exploration & Production, BP America Production Company, and BP p.l.c.1 Also before
the Court is the Defendants’ motion for summary judgment. 2 Plaintiff has filed
oppositions to both motions,3 and Defendants have filed replies.4 Plaintiff separately filed
a spoliation motion,5 which Defendants oppose.6
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. 7
Likewise, Plaintiff’s spoliation motion argues Defendants had a duty to create evidence,8
the same argument made by other B3 Plaintiffs, and denied by this Court, in other B3

R. Doc. 55. 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. 56. 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 R. Docs. 59, 60.
4 R. Docs. 68, 70.
5 R. Doc. 58.
6 R. Doc. 62.
7 See Bruton v. BP Exploration & Production, Inc., et al., Civ. A. 17-3110 at R. Doc. 107 (E.D. La.
11/30/2022) (Morgan, J.); Harrison v. BP Exploration & Production, Inc, et al., Civ. A. 17-4346 at R. Doc.
85 (7/1/2022) (Morgan, J.).
8 See, e.g., R. Doc. 58-1 at pp. 20–23.
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cases.9
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 the spoliation motion is DENIED.
IT IS FURTHER ORDERED that the motion for summary judgment is
GRANTED. A separate judgment will be entered 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 21st day of February, 2024.
________________________________
SUSIE MORGAN
UNITED STATES DISTRICT JUDGE

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Bruton, Civ. A. 17-3110 at R. Doc. 107. See also R. Doc. 62 at p. 2. n.2 (collecting cases).

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