You're viewing Docket Item 3 from the case Louisiana State v. BP Exploration & Production, Inc. et al. View the full docket and case details.

Download this document:




Case 2:10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 1 of 19
Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 1 of 24

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

MDL NO. 2179

SECTION: J

:
:
:
:
:
:
:
:
:

IN RE: OIL SPILL by the OIL RIG

“DEEPWATER HORIZON” in the
GULF OF MEXICO, on
APRIL 20, 2010


JUDGE BARBIER
MAG. JUDGE SHUSHAN
.. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. ..

THIS DOCUMENT RELATES TO ALL CASES

PRETRIAL ORDER #1

Setting Initial Conference

It appearing that civil actions listed on Schedule A,

attached hereto, which were transferred to this Court by order of
the Judicial Panel on Multi District Litigation pursuant to its
order of August 10, 2010, merit special attention as complex
litigation, it is, therefore, ORDERED that:

1.

INTRODUCTION — It is not yet known how many attorneys
will eventually join this litigation, but we can assume it will
be a large number. As attorneys involved in a multi-district
case, you will probably be laboring together for some time in the
future with work progressively becoming more complicated and
exacting. Some of you know each other and some are complete

Case 2:10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 2 of 19
Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 2 of 24

strangers. Undoubtedly each has a different style and
personality. It is likely that during the course of this
litigation your working relationship will occasionally be
strained, communication derailed, and mutual trust questioned.
The just and efficient resolution of this litigation will depend
in large measure on the way you as attorneys comport yourselves
and overcome the temptations and trepidations inherent in a case
of this magnitude. The Manual for Complex Litigation recognizes
that judicial involvement in managing complex litigation does not
lessen the duties and responsibilities of the attorneys. To the
contrary, the added demands and burdens of this type of
litigation place a premium on professionalism and require counsel
to fulfill their obligations as advocates in a manner that will
foster and sustain good working relations among fellow counsel
and the Court. The Court expects, indeed insists, that
professionalism and courteous cooperation permeate this
proceeding from now until this litigation is concluded. The
court record should never be the repository of ill-chosen words
arising out of a sense of frustration over real or imagined
issues. Because of the high level of competence and experience
of attorneys who are generally involved in multi-district
litigation, this Court is confident that this objective will be
achieved without judicial intervention.

-2-

Case 2:10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 3 of 19
Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 3 of 24

2.

APPLICABILITY OF ORDER — Prior to the initial pretrial

conference and entry of a comprehensive order governing all
further proceedings in this case, the provisions of this Order
shall govern the practice and procedure in those actions that
were transferred to this Court by the Judicial Panel on Multi
District Litigation pursuant to its order of August 10, 2010
listed on Schedule A. This Order also applies to all related
cases filed in all sections of the Eastern District of Louisiana
and will also apply to any "tag-along actions" later filed in,
removed to, or transferred to this Court.

3.

CONSOLIDATION — The civil actions listed on Schedule A
are consolidated for pretrial purposes. Any “tag-along actions”
later filed in, removed to or transferred to this Court, or
directly filed in the Eastern District of Louisiana, will
automatically be consolidated with this action without the
necessity of future motions or orders. This consolidation,
however, does not constitute a determination that the actions
should be consolidated for trial, nor does it have the effect of
making any entity a party to any action in which he, she or it
has not been named, served or added in accordance with the
Federal Rules of Civil Procedure.

-3-

Case 2:10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 4 of 19
Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 4 of 24

4.

DATE OF INITIAL CONFERENCE AND AGENDA FOR CONFERENCE —
Matters relating to pretrial and discovery proceedings in these
cases will be addressed at an initial pretrial conference to be
held on Friday, September 17, 2010 at 9:30 a.m. in Judge Carl J.
Barbier’s courtroom, Room C-268, United States Courthouse, 500
Poydras Street, New Orleans, Louisiana. Counsel are expected to
familiarize themselves with the Manual for Complex Litigation,
Fourth (“MCL 4th”) and be prepared at the conference to suggest
procedures that will facilitate the expeditious, economical, and
just resolution of this litigation. The items listed in MCL 4th
Sections 22.6, 22.61, 22.62, and 22.63 shall, to the extent
applicable, constitute a tentative agenda for the conference.
Counsel shall confer and seek consensus to the extent possible
with respect to the items on the agenda, including a proposed
discovery plan, amendment of pleadings, and consideration of any
class action allegations and motions, and be prepared to select
trial dates. Parties shall also submit an initial proposed case
management order and, if necessary, shall submit suggestions for
any other agenda items. As part of this proposed case management
order, the parties shall suggest whether and how the consolidated
cases should be grouped into separate tracks for purposes of
pretrial discovery, motion practice, etc.

These documents shall be delivered to the Court three full
work days prior to the initial conference by fax to (504) 589-

-4-

Case 2:10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 5 of 19
Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 5 of 24

4536, or in person to Judge Carl J. Barbier’s Chambers, Room C-
256, United States Courthouse, 500 Poydras Street, New Orleans,
Louisiana.

5.

POSITION STATEMENT — Three full work days prior to the

initial conference, plaintiffs and defendants shall submit a
brief written statement indicating their preliminary
understanding of the facts involved in the litigation and the
critical factual and legal issues. These statements will not be
filed with the Clerk, will not be binding, will not waive claims
or defenses, and may not be offered in evidence against a party
in later proceedings. The parties' statements shall list all
pending motions, as well as all related cases pending in state or
federal court, together with their current status, including any
discovery taken to date, to the extent known. The parties shall
be limited to one such submission for all plaintiffs and one such
submission for all defendants.

6.

APPEARANCE AT INITIAL CONFERENCE — Each party

represented by counsel shall appear at the initial pretrial
conference through their attorney who will have primary
responsibility for the party’s interest in this litigation.
Parties not represented by counsel may appear in person or
through an authorized and responsible agent. To minimize costs

-5-

Case 2:10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 6 of 19
Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 6 of 24

and facilitate a manageable conference, parties with similar
interests may agree, to the extent practicable, to have an
attending attorney represent their interest at the conference. A
party, by designating an attorney to represent the party’s
interest at this initial conference, will not be precluded from
personally participating or selecting other representation during
the future course of this litigation, nor will attendance at the
conference waive objections to jurisdiction, venue, or service.

7.

SERVICE — Prior to the initial pretrial conference,

service of all papers shall be made on each of the attorneys on
the Panel Attorney Service List attached hereto and designated as
Schedule B. Any attorney who wishes to have his/her name added
to or deleted from such Panel Attorney Service List may do so
upon request to the Clerk of this Court and notice to all other
persons on such service list. The parties shall present to the
Court at the initial conference a list of attorneys, their office
addresses, phone and fax numbers, and e-mail addresses.

8.

EXTENSION AND STAY — Each defendant is granted an
extension of time for responding by motion or answer to the
complaint(s) until a date to be set by this Court. Pending the
initial conference and further orders of this Court, all
outstanding discovery proceedings are stayed, and no further

-6-

Case 2:10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 7 of 19
Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 7 of 24

discovery shall be initiated. Moreover, all pending motions must
be renoticed for resolution on a motion day or days after the
Court's initial conference herein.

9.

MASTER DOCKET FILE — Any pleading or document which is

to be filed in any of these actions shall be filed with the Clerk
of this Court and not in the transferor court. The Clerk of this
Court will maintain a master docket file under the style “In Re:
Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of
Mexico, on April 20, 2010" and the identification “MDL No. 2179.”
When a pleading is intended to be applicable to all actions, this
shall be indicated by the words: "This Document Relates to All
Cases." When a pleading is intended to apply to less than all
cases, this Court's docket number for each individual case to
which the document number relates shall appear immediately after
the words "This Document Relates to." The following is a sample
of the pleading style:

In Re: Oil Spill by the Oil Rig

“Deepwater Horizon” in the

Gulf of Mexico, on
April 20, 2010

This Document Relates to: _____

MDL No. 2179

SECTION: J
Judge Barbier
Mag. Judge Shushan

10.

FILING — All documents filed in this Court must be

filed electronically pursuant to Local Rule 5.7E and this Court’s
Administrative Procedures for Electronic Filing. Attorneys may

-7-

Case 2:10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 8 of 19
Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 8 of 24

register at www.laed.uscourts.gov/cmecf/ecf.htm. An attorney
who, due to exceptional circumstances, is unable to comply with
the requirements of electronic filing, may apply to the Court for
an order granting an exemption. The application shall be in
writing, filed with the Clerk of Court, and shall state the
reason for the attorney’s inability to comply. Pro se litigants
who have not been authorized to file electronically shall
continue to file their pleadings with the Clerk of Court in the
traditional manner, on paper. The Clerk of Court is directed to
make all entries on the master docket sheet with a notation
listing the cases to which the document applies, except that a
document closing a case will also be entered on the individual
docket sheet. All documents shall be filed in the master file.

11.

DOCKETING — When an action that properly belongs as a
part of In Re: Oil Spill by the Oil Rig “Deepwater Horizon” in
the Gulf of Mexico, on April 20, 2010 is hereinafter filed in the
Eastern District of Louisiana or transferred here from another
court, the Clerk of this Court shall:

a.

b.

c.

File a copy of this Order in the separate file for
such action;
Make an appropriate entry on the master docket
sheet;
Forward to the attorneys for the plaintiff in the

-8-

Case 2:10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 9 of 19
Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 9 of 24

d.

newly filed or transferred case a copy of this
Order;
Upon the first appearance of any new defendant,
forward to the attorneys for the defendant in such
newly filed or transferred cases a copy of this
Order.

12.

APPEARANCES IN LITIGATION — Counsel who appeared in a
transferor court prior to transfer need not enter an additional
appearance before this Court. Moreover, attorneys admitted to
practice and in good standing in any United States District Court
are admitted pro hac vice in this litigation, and the
requirements of Local Rules 83.2.6E and 83.2.7 are waived.
Association of local counsel is not required.

13.

REMAND STIPULATIONS — In the event that a case is
remanded, the parties shall furnish to the Clerk of Court a
stipulation or designation of the contents of the record and
furnish all necessary copies of any pleadings filed so as to
enable the transferee clerk to comply with the order of remand.

14.

PRESERVATION OF EVIDENCE — All parties and their

counsel are reminded of their duty to preserve evidence that may
be relevant to this action. The duty extends to documents, data,

-9-

Case 2:10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 10 of 19
Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 10 of 24

and tangible things in possession, custody and control of the
parties to this action, and any employees, agents, contractors,
carriers, bailees, or other nonparties who possess materials
reasonably anticipated to be subject to discovery in this action.
“Documents, data, and tangible things” is to be interpreted
broadly to include writings, records, files, correspondence,
reports, memoranda, calendars, diaries, minutes, electronic
messages, voice mail, e-mail, telephone message records or logs,
computer and network activity logs, hard drives, backup data,
removable computer storage media such as tapes, discs and cards,
printouts, document image files, Web pages, databases,
spreadsheets, software, books, ledgers, journals, orders,
invoices, bills, vouchers, check statements, worksheets,
summaries, compilations, computations, charts, diagrams, graphic
presentations, drawings, films, charts, digital or chemical
process photographs, video, phonographic, tape or digital
recordings or transcripts thereof, drafts, jottings and notes,
studies or drafts of studies or other similar such material.
Information that serves to identify, locate, or link such
material, such as file inventories, file folders, indices, and
metadata, is also included in this definition. Preservation
includes the obligation not to alter any such thing as to its
form, content or manner of filing. Until the parties reach an
agreement on a preservation plan or the Court orders otherwise,

-10-

Case 2:10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 11 of 19
Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 11 of 24

each party shall take reasonable steps to preserve all documents,
data and tangible things containing information potentially
relevant to the subject matter of this litigation. Each counsel
is under an obligation to the Court to exercise all reasonable
efforts to identify and notify parties and nonparties, including
employees of corporate or institutional parties of the contents
of this paragraph. Failure to comply may lead to dismissal of
claims, striking of defenses, imposition of adverse inferences or
other dire consequences.

Before any devices, tangible things, documents, and other
records which are reasonably calculated to lead to admissible
evidence are destroyed, altered, or erased, counsel shall confer
to resolve questions as to whether the information should be
preserved. If counsel are unable to agree, any party may apply
to this Court for clarification or relief from this Order upon
reasonable notice.

15.

FILING OF DISCOVERY REQUESTS — In accordance with Rule
5(d) of the Federal Rules of Civil Procedure, discovery requests
and responses are not to be filed with the Clerk nor sent to the
Judge's Chambers, except when specifically ordered by the Court
to the extent needed in connection with a motion.

-11-

Case 2:10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 12 of 19
Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 12 of 24

16.

LIAISON COUNSEL — Prior to the initial conference,

counsel for the plaintiffs and counsel for the defendants shall,
to the extent they have not already done so, confer and seek
consensus on the selection of a candidate for the position of
liaison counsel for each group who will be charged with
essentially administrative matters. For example, liaison counsel
shall be authorized to receive orders and notices from the Court
on behalf of all parties within their liaison group and shall be
responsible for the preparation and transmittal of copies of such
orders and notices to the parties in their liaison group and
perform other tasks determined by the Court. Liaison counsel
shall be required to maintain complete files with copies of all
documents served upon them and shall make such files available to
parties within their liaison group upon request. Liaison counsel
are also authorized to receive orders and notices from the
Judicial Panel on Multi District Litigation pursuant to Rule
5.2(e) of the Panel's Rules of Procedure or from the transferee
court on behalf of all parties within their liaison group and
shall be responsible for the preparation and transmittal of
copies of such orders and notices to the parties in their liaison
group. The expenses incurred in performing the services of
liaison counsel shall be shared equally by all members of the
liaison group in a manner agreeable to the parties or set by the
Court failing such agreement. Proposals for the designation of

-12-

Case 2:10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 13 of 19
Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 13 of 24

liaison counsel shall be submitted to the Court no later than
three full work days prior to the initial conference.
Appointment of liaison counsel shall be made by the Court after
full consideration of the proposals. At the first conference,
liaison counsel and/or the parties should be prepared to discuss
any additional needs for an organizational structure or any
additional matters consistent with the efficient handling of this
matter.

Until this Court names liaison counsel for MDL 2179, those

individuals who served as liaison counsel in the consolidated
action, In Re: Deepwater Horizon, No. 10-CV-1156 (E.D. La. 2010),
(James Roy and Stephen Herman for Plaintiffs, and Don K. Haycraft
for Defendants) will continue to serve in that capacity.

17.

PLAINTIFFS’ STEERING COMMITTEES — It is the Court’s
intent to appoint a Plaintiffs’ Steering Committee (“PSC”) to
conduct and coordinate the discovery stage of this litigation
with the defendant’s representatives or committee.
Applications/nominations for the PSC positions must be filed with
the Eastern District of Louisiana’s Clerk’s Office electronically
on or before Monday, September 27, 2010. A copy must also be
served upon counsel named in the attached list on the day of
filing. The main criteria for membership in the PSC will be: (a)
willingness and availability to commit to a time-consuming

-13-

Case 2:10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 14 of 19
Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 14 of 24

project; (b) ability to work cooperatively with others; and (c)
professional experience in this type of litigation.
Applications/nominations should succinctly address each of the
above criteria as well as any other relevant matters. No
submissions longer than four (4) pages will be considered. The
Court will only consider attorneys who have filed a civil action
in this litigation.

Objections may be made to the appointment of a proposed

applicant/nominee. Nevertheless, the Court will entertain only
written objections to any application/nomination. These must be
filed electronically with the Clerk on or before Monday, October
4, 2010. The objections, if there be any, must be short, yet
thorough, and must be supported by necessary documentation. As
with the application/nomination, any objection must be served on
all counsel appearing on the attached list on the day of filing.

The PSC will have the following responsibilities:
Discovery
1.

Initiate, coordinate, and conduct all pretrial
discovery on behalf of plaintiffs in all actions which
are consolidated with the instant multi-district
litigation.
Develop and propose to the Court schedules for the
commencement, execution, and completion of all
discovery on behalf of all plaintiffs.

2.

-14-

Case 2:10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 15 of 19
Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 15 of 24

3.

4.

Cause to be issued in the name of all plaintiffs the
necessary discovery requests, motions, and subpoenas
pertaining to any witnesses and documents needed to
properly prepare for the pretrial discovery of relevant
issues found in the pleadings of this litigation.
Similar requests, notices, and subpoenas may be caused
to be issued by the PSC upon written request by the
individual attorney in order to assist him/her in the
preparation of the pretrial stages of his/her client’s
particular claims.
Conduct all discovery in a coordinated and consolidated
manner on behalf and for the benefit of all plaintiffs.

Hearings and Meetings
1.

Call meetings of counsel for plaintiffs for any
appropriate purpose, including coordinating responses
to questions of other parties or of the Court.
Initiate proposals, suggestions, schedules, or joint
briefs, and any other appropriate matters pertaining to
pretrial proceedings.
Examine witnesses and introduce evidence at hearings on
behalf of plaintiffs.
Act as spokesperson for all plaintiffs at pretrial
proceedings and in response to any inquiries by the
Court, subject of course to the right of any

2.

3.

-15-

Case 2:10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 16 of 19
Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 16 of 24

plaintiff’s counsel to present non-repetitive
individual or different positions.

Miscellaneous
1.

Submit and argue any verbal or written motions
presented to the Court or Magistrate on behalf of the
PSC as well as oppose when necessary any motions
submitted by the defendants or other parties which
involve matters within the sphere of the
responsibilities of the PSC.
Negotiate and enter into stipulations with Defendants
regarding this litigation. All stipulations entered
into by the PSC, except for strictly administrative
details such as scheduling, must be submitted for Court
approval and will not be binding until the Court has
ratified the stipulation. Any attorney not in
agreement with a non-administrative stipulation shall
file with the Court a written objection thereto within
ten (10) days after he/she knows or should have
reasonably become aware of the stipulation. Failure to
object within the term allowed shall be deemed a waiver
and the stipulation will automatically be binding on
that party.
Explore, develop, and pursue all settlement options
pertaining to any claim or portion thereof of any case

2.

3.

-16-

Case 2:10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 17 of 19
Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 17 of 24

4.

5.

6.

7.

8.

filed in this litigation.
Maintain adequate files of all pretrial matters,
including establishing and maintaining a document or
exhibit depository, in either real or virtual format,
and having those documents available, under reasonable
terms and conditions for examinations by all MDL
Plaintiffs or their attorneys.
Prepare periodic status reports summarizing the PSC’s
work and progress. These reports shall be submitted to
the Plaintiff’s Liaison Counsel who will promptly
distribute copies to the other plaintiffs’ attorneys.
Perform any task necessary and proper for the PSC to
accomplish its responsibilities as defined by the
Court’s orders, including organizing subcommittees
compromised of plaintiffs’ attorneys not on the PSC and
assigning them tasks consistent with the duties of the
PSC. Membership on these subcommittees shall be
subject to the approval of the Court. Compensation for
work performed by these subcommittees and the approved
cost will be paid by common benefit funds.
Perform such other functions as may be expressly
authorized by further orders of the Court.
Reimbursement for costs and/or fees for services will
be set at a time and in a manner established by the

-17-

Case 2:10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 18 of 19
Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 18 of 24

Court after due notice to all counsel and after a
hearing.

18.

DEFENDANTS’ STEERING COMMITTEES — This Court will

consider the recommendations of the defendants for membership on
the defendants steering committee. Defendants Steering Committee
will have the duties and responsibilities described in Paragraph
17 of this order as it pertains to this respective group.

19.

MDL 2179 WEBSITE — A website particular to MDL 2179

will be created and will be accessible by going to this Court’s
website located at www.laed.uscourts.gov and clicking on the link
for MDL Cases. The website will contain forms, court orders,
minute entries, a calendar of upcoming events, and other relevant
information. Once the website is created, the court will issue
an order containing the direct link to the website.

20.

COMMUNICATION WITH THE COURT — Unless otherwise ordered

by this Court, all substantive communications with the Court
shall be in writing, with copies to opposing counsel.
Nevertheless, the Court recognizes that cooperation by and among
plaintiffs' counsel and by and among defendants’ counsel is
essential for the orderly and expeditious resolution of this
litigation. The communication of information among and between

-18-

Case 2:10-md-02179-CJB-SS Document 2 Filed 08/10/10 Page 19 of 19
Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 19 of 24

plaintiffs' counsel and among and between defendants’ counsel
shall not be deemed a waiver of the attorney-client privilege or
the protection afforded attorney's work product, and cooperative
efforts contemplated above shall in no way be used against any
plaintiff by any defendant or against any defendant by any
plaintiff. Nothing contained in this provision shall be
construed to limit the rights of any party or counsel to assert
the attorney-client privilege or attorney work product doctrine.
, 2010.

New Orleans, Louisiana, this

August

10th

day of

CARL J. BARBIER
UNITED STATES DISTRICT JUDGE

-19-

Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 20 of 24



UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

MDL NO. 2179

SECTION: J

:
:
:
:
:
:
:
:
:

IN RE: OIL SPILL by the OIL RIG

“DEEPWATER HORIZON” in the
GULF OF MEXICO, on
APRIL 20, 2010


JUDGE BARBIER
MAG. JUDGE SHUSHAN
.. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. ..

THIS DOCUMENT RELATES TO ALL CASES

PRETRIAL ORDER #1 (AMENDMENT)
Setting Initial Conference



The Court ORDERS that Paragraph 4 of Pretrial Order #1 be

AMENDED to state the following:

4. DATE OF INITIAL CONFERENCE AND AGENDA FOR CONFERENCE —
Matters relating to pretrial and discovery proceedings in these
cases will be addressed at an initial pretrial conference to be
held on Thursday, September 16, 2010 at 2:30 p.m. in Judge Carl
J. Barbier’s courtroom, Room C-268, United States Courthouse, 500
Poydras Street, New Orleans, Louisiana. Counsel are expected to
familiarize themselves with the Manual for Complex Litigation,
Fourth (“MCL 4th”) and be prepared at the conference to suggest
procedures that will facilitate the expeditious, economical, and
just resolution of this litigation. The items listed in MCL 4th

Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 21 of 24

Sections 22.6, 22.61, 22.62, and 22.63 shall, to the extent
applicable, constitute a tentative agenda for the conference.
Counsel shall confer and seek consensus to the extent possible
with respect to the items on the agenda, including a proposed
discovery plan, amendment of pleadings, and consideration of any
class action allegations and motions, and be prepared to select
trial dates. Parties shall also submit an initial proposed case
management order and, if necessary, shall submit suggestions for
any other agenda items. As part of this proposed case management
order, the parties shall suggest whether and how the consolidated
cases should be grouped into separate tracks for purposes of
pretrial discovery, motion practice, etc.

These documents shall be delivered to the Court three full
work days prior to the initial conference by fax to (504) 589-
4536, or in person to Judge Carl J. Barbier’s Chambers, Room C-
256, United States Courthouse, 500 Poydras Street, New Orleans,
Louisiana.

New Orleans, Louisiana, this day of , 2010.


CARL J. BARBIER
UNITED STATES DISTRICT JUDGE

-2-

16th Hello This is a TestAugustCase 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 22 of 24



UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA






IN RE: OIL SPILL BY THE OIL RIG
“DEEPWATER HORIZON” IN THE GULF
OF MEXICO ON APRIL 20, 2010

*
*
*
*
*
*
*
*
*
*

MDL NO. 2179

SECTION “J”

JUDGE BARBIER

MAGISTRATE JUDGE SHUSHAN

THIS DOCUMENT RELATES TO
ALL CASES







On August 20, 2010, the Court held a Status Conference with Plaintiffs’ and Defendants’

ORDER

Interim Liaison Counsel, and Mike Underhill, representing the United States. Based on the

record and the argument of counsel:





IT IS HEREBY ORDERED that:

Paragraph 14 of Pretrial Order No. 1 is hereby amended with respect to physical

evidence – the drill pipe that is the subject of a fishing operation (and not the blowout preventer)

-- presently located on or near the seabed area of the Macondo Well located in Mississippi

Canyon Block No. 252:



1. All physical evidence recovered will be preserved and all recovery, transportation and

storage of recovered items shall minimize damage and deterioration potential for recovered

items;



2. No metallurgical analysis or other potentially destructive testing on any such recovered

physical evidence will be conducted without first providing Plaintiffs and other interested parties

the earliest practicable notice of any such proposed analysis or testing, and providing the



Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 23 of 24



protocol for any such analysis or testing, and the opportunity to request attendance any such

proposed analysis or testing, and without further order of the Court;



3. BP Exploration & Production Inc. shall, consistent with the Court’s earlier Order in

Roshto, 10-1156 c/w 10-1196, maintain a log/summary of each action relating to the recovery

and transport of the physical evidence so recovered;



4. Shall any modification or repair of the physical evidence be necessary to accomplish

the operational objectives under the Unified Command’s protocol(s), such evidence shall be

comprehensively measured, photographed and otherwise documented in an appropriate way

prior to any such alteration, modification, or repair to the extent practicable under the operational

circumstances;



5. Any and all such logs/summaries, as well as any and all photographs, measurements,

videotape, film, diagrams, 3-D analysis, wall thickness readings, and/or other documentation of

the recovery and/or chain of custody shall be produced to Interim Liaison Counsel for Plaintiffs

and Defendants;



6. The preceding paragraph shall not limit federal authorities with respect to

establishment and maintenance of additional chain of custody and/or evidence documentation

procedures maintained by federal authorities; and



7. The Court recognizes the ongoing well control, remedial, and physical evidence

recovery efforts, and does not intend by this Order to restrict or direct activities of any of the

Defendants or the Unified Command in the well control efforts, all remedial activities, and

physical evidence recovery from Macondo Well 252.







Case 2:11-cv-00516-CJB-SS Document 3 Filed 03/09/11 Page 24 of 24

New Orleans, Louisiana, this ___ day of August, 2010.

_____________________________________

CARL J. BARBIER

UNITED STATES DISTRICT JUDGE