The Houston Municipal Employees Pension System et al v. BP, PLC et al

Filing 90

ORDER granting in part, denying in part 58 , 63 Defendants' Amended Second Tranche Consolidated Motion to Dismiss.(Signed by Judge Keith P Ellison) Parties notified.(glyons, 4)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
IN RE: BP p.l.c.
SECURITIES LITIGATION

§
§
§
§
§
HOUSTON MUNICIPAL EMPLOYEES §
PENSION SYSTEM and SHELL
§
PENSION TRUST
§
§
v.
§
§
§
BP p.l.c., et al.
§

MDL No. 10-md-2185

Civ. Act. No. 4:12-cv-3714

HON. KEITH P. ELLISON

ORDER
Pending before the Court is Defendants’ Amended Second Tranche Consolidated Motion
to Dismiss. (Doc. Nos. 58, 63.)1 Having reviewed the original motion (Doc. No. 32), the
amended motion, Plaintiffs’ response (Doc. Nos. 73, 76), Defendants’ reply (Doc. Nos. 82, 83),
and all arguments and papers in support thereof, the Court finds that Defendants’ amended
motion (Doc. Nos. 58, 63) must be GRANTED IN PART and DENIED IN PART. Pursuant to
the reasoning articulated in the Memorandum and Order (the “Avalon Holdings Opinion”) issued
this day in a related case—Avalon Holdings, Inc. et al. v. BP p.l.c. et al. [12-cv-3715]—the Court
GRANTS the Amended Motion to Dismiss as to the following claims:




1

All claims based on the portions of Anthony Hayward’s December 17,
2008 speech at the HRH Prince of Wales’s 3rd Annual Accounting for
Sustainability Forum specified on page 13 of the parties’ original draft of
the Conforming Stipulation. (Doc. No. 56, at 13.)
All claims based on statements made in the 2004 Annual Report, dated
June 30, 2005. (Doc. Nos. 27, 45 (the “Houston Compl.”), at ¶ 180.)

Unless otherwise indicated, all docket references are to 12-cv-3714.



All claims based on statements made in the August 17, 2005 press release.
(Id. ¶ 181.)



All claims based on statements made in the October 24, 2005 press
release. (Id. ¶ 182.)



All claims based on statements made in the 2005 Annual Review, dated
February 6, 2006. (Id. ¶ 184.)



All claims based on statements made in the 2006 Annual Report, dated
March 6, 2007. (Id. ¶ 187.)



All claims based on Mr. Hayward’s statement to the press on May 18,
2010. (Id. ¶ 278.)

There being no claims remaining against Byron Grote, Lord John Browne, Andrew
Inglis, or Peter Sutherland, these defendants are DISMISSED.
In all other respects, the Motion is DENIED.
IT IS SO ORDERED.
SIGNED at Houston, Texas, on this the thirtieth day of September, 2014.

____________________________
KEITH P. ELLISON
UNITED STATES DISTRICT JUDGE

2