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Bon Secour Fisheries, Inc et al v. BP Exploration & Production Inc. et al, No. 2:12-cv-00970 (E.D. La.)
Case Title: Bon Secour Fisheries, Inc et al v. BP Exploration & Production Inc. et al
Case Type: Civil Case
Court: U.S. District Court for the Eastern District of Louisiana
Index Number(s): 2:2012cv970, 2:12-cv-00970, 2:12-cv-00970-CJB-DPC
Nature of Suit: 893 Environmental Matters
Judge: Carl Barbier
Magistrate Judge: Donna Phillips Currault
Case Opened: April 16, 2012
Docket Entries
Date Filed Dkt # Entry Text
Apr 16, 2012 1 CLASS ACTION COMPLAINT for Private Economic Losses and Property Damages against BP America Production Company, BP Exploration & Production Inc., BP p.l.c. (Filing fee $ 350 receipt number 053L-3473878) filed by Corliss Gallo, Kathleen Irwin, Fort Morgan Realty, Inc, Bon Secour Fisheries, Inc., Phuong Nguyen, William Sellers, LFBP 1, LLC, Ronald Lundy, Lake Eugenie Land & Development, Inc., John Tesvich, Michael Guidry, Maurice Phillips, Panama City Beach Dolphin Tours & More, LLC, Kip Plaisance, Zekes Charter Fleet, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Herman, Stephen) Modified on 4/17/2012 (gec, ). (Entered: 04/16/2012)
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Apr 17, 2012 2 Initial Case Assignment to Judge Carl Barbier and Magistrate Judge Sally Shushan. (mmf, ) (Entered: 04/17/2012)
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Apr 17, 2012 3 PRETRIAL ORDERS #1, #11, #12, #25, #31 & #32. Signed by Judge Carl Barbier. (Attachments: # 1 PTO #11, # 2 PTO #12, # 3 PTO #25, # 4 PTO #31, # 5 PTO #32)(blg) (Entered: 04/17/2012)
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Nov 12, 2012 4 NOTICE OF APPEAL by Gulf Organized Fisheries In Solidarity & Hope, Inc. (GO FISH) as to Order, doc #7747, in MDL 2179. (filed in master case 10md2179, doc #7881) (gec, ) (Entered: 03/13/2013)
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Jan 22, 2013 5 NOTICE OF APPEAL by Shanta, LLC et al as to Orders, doc #8138 and 8139 in MDL 2179. (filed in master case 10md2179, doc #8304) (Attachments: # 1 Exhibit - List of Appellants) (Attachments: # 1 Exhibit - List of Appellants)(gec, ) (Entered: 03/13/2013)
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Jan 22, 2013 6 NOTICE OF APPEAL by Troy D. Morain et al as to Orders, doc #8138 and 8139 in MDL 2179. (filed in master case 10md2179, doc #8308) (gec, ) (Entered: 03/13/2013)
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Jan 22, 2013 7 NOTICE OF APPEAL by Gulf Organized Fisheries In Solidarity & Hope, Inc. et al as to Order doc #8139 in MDL 2179. (filed in master case 10md2179, doc #8309) (gec, ) (Entered: 03/13/2013)
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Jan 22, 2013 8 NOTICE OF APPEAL by Allpar Custom Homes, Inc. et al as to Orders, doc #8138 and 8139 in MDL 2179. (filed in master case 10md2179, doc #8312) (gec, ) (Entered: 03/13/2013)
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Jan 24, 2013 9 NOTICE OF APPEAL by Daniel J. Levitan as to Order, doc #8139 in MDL 2179. (filed in master case 10md2179, doc #8354) (gec, ) (Entered: 03/13/2013)
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Jan 25, 2013 10 NOTICE OF APPEAL by Earl Aaron et al as to Orders, doc #8138 and 8139 in MDL 2179. (filed in master case 10md2179, doc #8349) (Attachments: # 1 Exhibit 1)(gec, ) (Entered: 03/13/2013)
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Jun 20, 2013 11 ORDER of USCA as to 9 Notice of Appeal by Daniel J. Levitan. The appeal is dismissed as of 6/14/2013 for want of prosecution as to Daniel J. Levitan only. The appellant failed to timely file brief and record excerpts. Signed by Clerk, entered at the direction of the Court. (gec, ) (Entered: 06/24/2013)
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Aug 1, 2013 12 ORDER of USCA as to 5 Notice of Appeal. The appeal filed by Shanta, LLC, SSM Hospitality, LLC, Anjani Hospitality, LLC, Ashi Hotels, LLC, OVS Investment Inc, et al ONLY, is dismissed as of 7/31/2013 pursuant to appellant's motion. Signed by Clerk, entered at the direction of the Court. (Reference: Actions in B1 Pleading Bundle, 12-970, 10-7777)(gec, ) (filed in master case 10md2179, doc #10912) (gec, ) (Entered: 08/01/2013)
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Jun 24, 2015 13 FINAL JUDGMENT: re 14752 ; ORDERED THAT: 1. The Deepwater Horizon Court Supervised Settlement Program claim awards in favor of Jason Zirlott based upon Claim 113685, and in favor of Capt Jay, LLC, based upon Claim 108398 are hereby RESCINDED and VACATED; and 2. Judgment is entered against Jason Zirlott and Capt Jay, LLC, jointly and severally, requiring Jason Zirlott and Capt Jay, LLC, to make restitution to the DHECC in the amount of $239,519.32, plus post-judgment interest; and 3. FURTHER ORDERED that Jason Zirlott and Capt Jay, LLC, shall participate in no further distributions under the Settlement Program's Seafood Compensation Program; and 4. FURTHER ORDERED that, pursuant to Rule 54(b), Federal Rules of Civil Procedure, as this action presents more than one claim for relief and involves multiple parties, the Court expressly determines that there is no just reason for delay of the entry of this judgment; and 5. FURTHER ORDERED that the United States Marshal shall provide services as may be needed by the Special Master and Settlement Program in enforcement of this judgment. Signed by Judge Carl Barbier on 6/24/15.(sek) (Entered: 06/24/2015)
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Jun 29, 2015 14 VACATED PER ORDER #14792 in MDL 10-2179. FINAL JUDGMENT under Rule 54(b) re 13848 : 1. The Deepwater Horizon Economic Claims Center claim awards in favor of Wardell Parker based upon Claim 49623 and Claim 50267 are hereby RESCINDED and VACATED; and 2. Judgment is entered against Parker, requiring Parker to make restitution to the DHECC in the amount of $178,584.00, plus post judgment interest; and 3. Parker shall not participate in any further distribution under the DHECC Seafood Compensation Program; and 4. Pursuant to Rule 54(b), Federal Rules of Civil Procedure, as this action presents more than one claim for relief and involves multiple parties, the Court expressly determines that there is no just reason for delay of the entry of this judgment; and 5. The United States marshal shall provide services as may be needed by the Special master and the DHECC in enforcement of this judgment. Signed by Judge Carl Barbier on 6/29/15.(sek) Modified on 6/30/2015 (sek). (Entered: 06/29/2015)
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Jun 29, 2015 15 FINAL JUDGMENT under Rule 54(b): : 1. The Deepwater Horizon Economic Claims Center claim awards in favor of Bobby Lambert, Sr. based upon Claim 12463 and Claim 12464 are hereby RESCINDED and VACATED; and 2. Judgment is entered against Lambert, requiring Lambert to make restitution to the DHECC in the amount of $129,447.64, plus post judgment interest. This restitution represents the claim awards paid to Lambert of $172,596.85, less the $43,149.21 his former counsel already has repaid to the DHECC Trust fund (representing the contingency fee that counsel received); and 3. Lambert shall participate in no further distribution under the DHECC Seafood Compensation Program; and 4. Pursuant to Rule 54(b), Federal Rules of Civil Procedure, as this action presents more than one claim for relief and involves multiple parties, the Court expressly determines that there is no just reason for delay of the entry of this judgment; and 5. The United States marshal shall provide services as may be needed by the Special Master and the DHECC in enforcement of this judgment. Signed by Judge Carl Barbier on 6/29/15.(sek) (Entered: 06/29/2015)
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Jul 1, 2015 16 FINAL JUDGMENT: 1. The Deepwater Horizon Economic Claims Center claim awards in favor of Jarrod A. Burrle based upon Claim 42138 is hereby RESCINDED and VACATED; and 2. Burrle shall participate in no further distribution under the DHECC Seafood Compensation Program; and 3. Judgment is entered against Burrle, requiring Burrle to make restitution to the DHECC in the amount of $50,015.87, plus post judgment interest; and 4. Judgment is entered against AndryLerner, LLC, Jonathan Andry and Glen Lerner in the amount of $12,503.98, plus post-judgment interest; and 5. Judgment is entered against the Palazzo Law Firm in the amount of $2,500.80, plus post-judgment interest; and 6. Judgment is entered against David D. Bravo, APLC, in the amount of $2,500.80, plus post-judgment interest; and 7. Judgment is entered against Woodbridge Baric Pre-Settlement Investments LLC, in the amount of $20,000.00, plus post-judgment interest; and 8. AndryLerner, LLC, Jonathan Andry, Glenn Lerner, the Palazzo Law Firm, David D. Bravo, APLC, and Woodbridge Baric Pre-Settlement Investments LLC, are jointly and severally liable with Jarrod A. Burrle, but only up to the amounts listed above. In no event shall the total restitution payable to the DHECC exceed $50,015.87; and 9. The trustee of the escrow account established pursuant to the Courts February 12, 2014 Order (Rec. Doc. 12321) shall immediately pay on behalf of Andry Lerner LLC the sum of $12,503.98 to the Court-Supervised Settlement Program (CSSP); and 10. Pursuant to Rule 54(b), Federal Rules of Civil Procedure, as this action presents more than one claim for relief and involves multiple parties, the Court expressly determines that there is no just reason for delay of the entry of this judgment; and 11. The United States Marshal shall provide services as may be needed by the Special Master and the DHECC in enforcement of this judgment. Signed by Judge Carl Barbier on 7/1/15. (lag) (Entered: 07/01/2015)
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Sep 8, 2015 17 JUDGMENT under Rule 54(b) re [15325 in MDL 10-2179]: For reasons stated in the Order & Reasons of September 8, 2015, granting the Motion of the Special Master for Return of Payments Made to Wardell Parker and Others (Rec. Doc. 13848), it is hereby ORDERED, ADJUDGED AND DECREED that: 1. The Deepwater Horizon Economic Claims Center (DHECC) claim awards in favor of Wardell Parker (Parker) based upon Claim 49623 and Claim 50267 are hereby RESCINDED and VACATED; and 2. Judgment is entered against Parker, requiring Parker to make restitution to the DHECC in the amount of $178,584.00, plus post-judgment interest; and 3. Parker shall not participate in any further distributions under the DHECC Seafood Compensation Program; and 4. IT IS FURTHER ORDERED that, pursuant to Rule 54(b), Federal Rules of Civil Procedure, as this action presents more than one claim for relief and involves multiple parties, the Court expressly determines that there is no just reason for delay of the entry of this judgment; and 5. IT IS FURTHER ORDERED that the United States Marshal shall provide services as may be needed by the Special Master and the DHECC in enforcement of this judgment. Signed by Judge Carl Barbier on 9/8/15.(sek) (Entered: 09/08/2015)
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Sep 8, 2015 18 CONSENT FINAL JUDGMENT pursuant to Rule 54(b) re 15302 : IT IS NOW HEREBY ORDERED, ADJUDGED, AND DECREED THAT: 1. Judgment is entered in favor of the DHECC and the Trust and against the Claimant, Anthony Nelson, Jr., requiring Claimant to make restitution of $83,625.69 to the DHECC and the Trust, plus post-judgment interest; and 2. Claimant may participate in the Seafood Supplemental Distribution from the Seafood Compensation Program Supplemental Distribution approved by the Court on November 18, 2014, provided that any proceeds from such Supplemental Distributions shall first be applied to paying the balance of Claimant's liability to the Trust and the remainder, if any, after the Trust has been repaid in full may be distributed to the Claimant; and 3. IT IS FURTHER ORDERED that in the event that full restitution as provided in this Order is not made within 30 days of entry of this Order by any party that continues to participate in the DHECC claims process, the DHECC shall withhold such funds and apply such funds to satisfy the restitution, up to the amount of restitution provided in this Order for such party; and 4. IT IS FURTHER ORDERED that, pursuant to Rule 54(b), Federal Rules of Civil Procedure, as this action presents more than one claim for relief and involves multiple parties, the Court expressly determines that there is no just reason for delay of the entry of this judgment; and 5. IT IS FURTHER ORDERED that the United States Marshal shall provide services as may be needed by the Special Master and the DHECC in enforcement of this judgment. 6. This Court shall retain jurisdiction for purposes of enforcing the Consent Judgment. Signed by Judge Carl Barbier on 9/8/15.(sek) (Entered: 09/08/2015)
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Sep 8, 2015 19 CONSENT JUDGMENT pursuant to Rule 54(b) re [15303 in MDL 10-2179]: IT IS NOW HEREBY ORDERED, ADJUDGED, AND DECREED THAT: 1. The DHECC claim awards in favor of Claimant Rufus Young for Claim 14125 and Claim 24132 are hereby RESCINDED and VACATED; and 2. Judgment is entered in favor of the DHECC and the Trust and against the Claimant, requiring Claimant to make restitution of $199,864.25 to the DHECC and the Trust, plus post-judgment interest; and 3. Claimant shall participate in no further distributions under the Seafood Compensation Program; and 4. IT IS FURTHER ORDERED that in the event that full restitution as provided in this Order is not made within 30 days of entry of this Order by any party that continues to participate in the DHECC claims process, the DHECC shall withhold such funds and apply such funds to satisfy the restitution, up to the amount of restitution provided in this Order for such party; and 5. IT IS FURTHER ORDERED that, pursuant to Rule 54(b), Federal Rules of Civil Procedure, as this action presents more than one claim for relief and involves multiple parties, the Court expressly determines that there is no just reason for delay of the entry of this judgment; and 6. IT IS FURTHER ORDERED that the United States Marshal shall provide services as may be needed by the Special Master and the DHECC in enforcement of this judgment. 7. This Court shall retain jurisdiction for purposes of enforcing the Consent Judgment. Signed by Judge Carl Barbier on 9/8/15.(sek) (Entered: 09/08/2015)
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Sep 29, 2015 20 JUDGMENT: For the reasons stated in the Order & Reasons of September 29, 2015, granting the Motion of the Deepwater Horizon Economic Claims Center for Return of Payments Made to Vernon Alfonso, Jr. and Others (Rec. Doc. 14259), it is hereby ORDERED, ADJUDGED AND DECREED that: 1. The DHECC claim awards in favor of Vernon Alfonso, Jr., based upon Claim 37521 and Claim 37529 are hereby RESCINDED and VACATED; and 2. Judgment is entered against Vernon Alfonso, Jr., requiring Vernon Alfonso, Jr., to make restitution to the DHECC in the amount of $187,795.87, plus post-judgment interest and the reasonable costs incurred for the DHECC in obtaining transcripts of the testimony of Vernon Alfonso, Jr., and his tax accountant which were necessarily obtained for use in the case, pursuant to Fed. R. Civ. P. 54(d)(1) and 28 U.S.C. 1920(2); and 3. Vernon Alfonso, Jr., shall not participate in any further distributions under the DHECC Seafood Compensation Program; and 4. Judgment is entered against the law firms of Faegre Baker Daniels LLP and the Kreller Law Firm, to make restitution to the DHECC in the amount of $46,948.96, plus post-judgment interest; and 5. The law firms of Faegre Baker Daniels LLP and the Kreller Law Firm are jointly and severally liable with Vernon Alfonso, Jr., but only up to the amounts listed above. In no event shall the total restitution payable to the DHECC exceed $187,795.87; and 6. IT IS FURTHER ORDERED that in the event that full restitution as provided in this Order is not made within 30 days of entry of this Judgment by any party that continues to participate in the DHECC claims process, the DHECC shall withhold the portion of any DHECC claim payment representing professional fees for such party and apply such funds to satisfy the restitution, up to the amount of restitution provided in this Order for such party; and 7. IT IS FURTHER ORDERED that, pursuant to Rule 54(b), Federal Rules of Civil Procedure, as this action presents more than one claim for relief and involves multiple parties, the Court expressly determines that there is no just reason for delay of the entry of this judgment; and 8. IT IS FURTHER ORDERED that the United States Marshal shall provide services as may be needed by the Special Master and the DHECC in enforcement of this judgment. Signed by Judge Carl Barbier on 9/29/15.(sek) (Entered: 09/29/2015)
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