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Case 2:11-cv-00516-CJB-SS Document 3-1 Filed 03/09/11 Page 1 of 9



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

This document relates to: ALL ACTIONS

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MDL NO. 2179

SECTION J

JUDGE BARBIER
MAG. JUDGE SHUSHAN

PRETRIAL ORDER NO. 12

Electronic Service

By Stipulation of Plaintiffs’ Liaison Counsel and Defendants’ Liaison Counsel:

IT IS HEREBY ORDERED that whenever service is required by the Federal Rules of Civil

Procedure, in lieu of the methods set forth in Rule 5(b), any party may “deliver a copy” of the

document by following the procedure set forth below:

1.

In order to facilitate case management, document retrieval, case organization and

expeditious, efficient and economical communication by and amongst counsel, the parties will

utilize the services of LexisNexis File & Serve (“File & Serve”) and its litigation system for

providing electronic service, storage and delivery of court-filed and discovery related documents

through a secure website.

2.

All attorneys of record in this litigation on whom service of documents must be

effectuated shall, within ten days of the entry of this Order, or within ten days of the entry of

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appearance for a new attorney of record, or the docketing of their transferred case, whichever occurs

earliest, (1) obtain an e-mail address and access to the Internet’s World Wide Web (the “Web”) if

they do not have an e-mail address and Web access; (2) forward to Liaison Counsel (James P. Roy

and Stephen J. Herman for Plaintiffs at service@mdl2179plc.com and Don K. Haycraft, Kerry

Miller, Don Godwin, Phillip A. Wittmann, and Deborah Kuchler for Defendants at

liaison2179@liskow.com) a fully completed "MDL 2179 Counsel Contact Information Form,”

attached hereto as Exhibit A, and (3) sign up for electronic service in this litigation by completing

the application located at the Website for File & Serve located at http://law.lexisnexis.com/file-

and-serve-e-service. File & Serve can be contacted on a 24 hour basis, seven days a week, for any

inquiries or technical assistance at (888) 529-7587.

In addition, each attorney is instructed to review Exhibit B attached to this Order which sets

forth the procedure for registration with and service through File & Serve so that they can timely

register. See Exhibit B, LexisNexis File & Serve Welcome Kit.

3.

Within five business days of the entry of this order, Liaison Counsel shall provide

File & Serve with the then current service list for the Oil Spill MDL via email to

Eservice@fileandserve.lexisnexis.com. This service list should include the case names and

number, original jurisdiction where filed, party name, party type, attorneys’ names, firm names and

addresses, phone numbers and e-mail addresses for each case in the Oil Spill MDL. Until such time

as File & Serve advises Liaison Counsel that the File & Serve system is in place, Liaison Counsel

is responsible for updating the service lists on a weekly basis and serving documents in accordance

with Pretrial Order 1. Liaison Counsel shall be listed on each case as “liaison counsel” and as “lead

Case 2:11-cv-00516-CJB-SS Document 3-1 Filed 03/09/11 Page 3 of 9



counsel” in any cases filed directly by liaison counsel.

4.

In order to effect service of any document submitted by a party to File & Serve, on

the same day that any document is filed with the Clerk of Court for the United States District Court

for the Eastern District of Louisiana in this matter, the counsel of record who is filing the document,

or in the case of an unrepresented party, the unrepresented party who is filing the document, shall

upload the document, including all exhibits and attachments, to File & Serve, by (1) electronic

transfer (either as a word-processing document, PDF file, or TIFF file). Documents sent to File &

Serve by electronic transmission shall be up-loaded directly to the File & Serve system at

www.lexisnexis.com/fileandserve.

5.

File & Serve’s system will upload all documents (all references to "document"

include exhibits, if any) in Adobe PDF electronic format onto an Internet website maintained by File

& Serve, which is privately funded by the parties (“the Oil Spill MDL 2179 E-Service Website”),

where counsel of record who are registered users of the File & Serve system may access the copy.

6.

Once a document is uploaded and submitted electronically, File & Serve shall send

an e-mail to all registered users notifying them that the document has been posted to its Website.

The e-mail shall also contain a hypertext link(s) to the document location(s) on the System (or, if

so designated by the recipient, the e-mail shall have the document attached thereto).

7.

Unless another Order of this Court specifies a different method for service upon

counsel, any document electronically served via File & Serve pursuant to this Order shall be deemed

to have been served under the Federal Rules of Civil Procedure.

8.

Any documents served pursuant to this Order shall be deemed to be served by mail

Case 2:11-cv-00516-CJB-SS Document 3-1 Filed 03/09/11 Page 4 of 9



under Federal Rule of Civil Procedure 6(e).

9.

All pleadings will be titled to clearly identify (1) the name of the filing/serving party,

(2) the precise title of the pleadings, (3) the date the pleading was filed with the Clerk of Court for

the United States District Court for the Eastern District of Louisiana in MDL 2179, and shall be

uploaded to all cases related to the pleading (including to a multi-party lead or master case if

multiple parties are named in a particular case). File & Serve shall enable features to allow the

simultaneous uploading of a pleading into multiple cases to accommodate this request.

10. When serving pleadings or other documents filed into the record, all counsel must

use the following uniform Certificate of Service:

CERTIFICATE OF SERVICE

I hereby certify that the above and foregoing [DOCUMENT] has
been served on All Counsel by electronically uploading the same to
Lexis Nexis File & Serve in accordance with Pretrial Order No. ____,
and that the foregoing was electronically filed with the Clerk of Court
of the United States District Court for the Eastern District of
Louisiana by using the CM/ECF System, which will send a notice of
electronic filing in accordance with the procedures established in
MDL 2179, on this ___ day of ____________, 20___.

________________________
(Signature of Filing Attorney)

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11. When serving discovery or other documents not filed into the record, all counsel must

use the following uniform Certificate of Service:

CERTIFICATE OF SERVICE

I hereby certify that the above and foregoing [DOCUMENT] has
been served on All Counsel by electronically uploading the same to
Lexis Nexis File & Serve in accordance with Pretrial Order No. ____,
on this ___ day of ____________, 20___.

________________________
(Signature of Filing Attorney)

12.

Only Registered Oil Spill MDL Litigation Firms are permitted and able to access the

Oil Spill MDL Litigation using File & Serve. Registered Oil Spill MDL Litigation Firms will be

limited to authorized court personnel, counsel of record for any party named in these proceedings,

and their employees. File & Serve will provide each Registered User designated by a Registered Oil

Spill MDL Litigation Firm with username and password to access the Oil Spill MDL Litigation

cases. It is the responsibility of each Registered Oil Spill MDL Litigation firm to inform File &

Serve of changes to the Registered Users for that firm. Disclosure of username or password to third

parties by the Registered Users to whom they are assigned is strictly prohibited.

13.

File & Serve shall perform all administrative functions to the system. Once initially

registered, File & Serve shall be responsible for the registration and confirmation of all contact

information for registered users. After initial enrollment/registration, it shall be the responsibility

of the registered users to keep current their contact information by noting any changes directly on

the File & Serve Website.

Case 2:11-cv-00516-CJB-SS Document 3-1 Filed 03/09/11 Page 6 of 9



14.

All registered users shall be bound by any Confidentiality Order that this Court may

issue. File & Serve will also be bound by the terms of said Confidentiality Order.

15.

The File & Serve system shall contain an index of all served documents for the Oil

Spill MDL 2179 litigation that is searchable and able to be sorted according to methods that provide

useful 24 hour/seven day a week access to the documents via the Web.

16.

Service of Pleadings and Motions: Once File & Serve advises Liaison Counsel that

the File & Serve system is in place, Liaison Counsel will notify all of their respective counsel of

record with whom they are affiliated. Upon such notice by Liaison Counsel, Liaison Counsel is no

longer required to serve and distribute pleadings and motions on attorneys of record with whom they

are affiliated, as required by this Pre-Trial Order.

17.

Service of Court Orders: Liaison Counsel are required to serve and distribute all

Orders of the Court on all counsel of record. Such service of Court Orders by Liaison Counsel shall

be accomplished electronically through File & Serve. Liaison Counsel shall assist File & Serve, to

the extent necessary, to assure that Orders are uploaded and transmitted promptly by File & Serve;

however, File & Serve shall be responsible for coordinating the retrieval of Orders directly from the

Clerk of Court for MDL 2179.

18.

Plaintiffs' Liaison Counsel and Defendants' Liaison Counsel shall meet and confer

regarding the filing of any document that is filed with the Clerk of Court under seal that may contain

discovery material covered by any Confidentiality Order that this Court might issue.

19.

At each Counsel’s discretion, private documents may be uploaded to File & Serve

and the transaction marked as “Serve-Only-private” to restrict access to anyone but the served case

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parties, or counsel may opt to instead upload a “Cover Sheet” and deliver said private documents

in hard copy fashion to the other parties.

20.

Effective Immediately, all service of documents filed in the MDL shall be made via

File & Serve. Attorneys who fail to register will no longer receive service of documents filed in the

MDL. Furthermore, all counsel shall immediately update and notify Plaintiffs’ Liaison Counsel and

Defendants’ Liaison Counsel whenever the contact information on Exhibit A changes.

New Orleans, Louisiana, this ______ day of ___________, 2010.



_________________________________________
CARL J. BARBIER
UNITED STATES DISTRICT JUDGE

25th Hello This is a TestOctoberCase 2:11-cv-00516-CJB-SS Document 3-1 Filed 03/09/11 Page 8 of 9



IN RE: OIL SPILL by "Deepwater Horizon"

SECTION: J

JUDGE CARL BARBIER

MDL 2179 Counsel Contact Information Form

Please print or type below.

ATTORNEY INFORMATION

Plaintiff Counsel

Defense Counsel

First Name

E-mail Address

Third Party
Defense Counsel
Suffix

Middle Name/Maiden

MDL 2179

Check
One
Last Name

Bar Number

Party Representing

Direct Dial No.

Secretary Name

Firm Name

Address

City

Phone

Cell Phone

Pager

Paralegal Name

LAW FIRM INFORMATION

State

Zip

Fax

Other members of firm involved in this litigation:

Signed

Date

Exhibit B: 
LexisNexis® File & Serve Welcome Kit 

Case 2:11-cv-00516-CJB-SS Document 3-1 Filed 03/09/11 Page 9 of 9



File & Serve Specialist: 
Susan Burns 
800.437.8674 ext 7811 
susan.burns@lexisnexis.com 
Customer Support: 888.529.7587 


STEP 1: REGISTRATION, IDs, PASSWORDS

Only Registered Oil Spill MDL Litigation Firms are permitted and able to access the Oil Spill MDL Litigation
using File & Serve. Registered Oil Spill MDL Litigation Firms will be limited to authorized court personnel, counsel of
record for any party named in these proceedings, and their employees. File & Serve will provide each Registered
User designated by a Registered Oil Spill MDL Litigation Firm with username and password to access the Oil Spill
MDL Litigation cases.

If this is your firm’s first LexisNexis File & Serve case, you will need to create a File & Serve account before
registering. The firm must designate an administrator who will create the account and add users. The administrator
will follow the Instructions for New Subscribers in OPTION A.
If your firm has a LexisNexis File & Serve account for other cases, contact your firm’s administrator to obtain a
user name & password for yourself and anyone else who will need to serve or access documents in the case. The
administrator will follow the Instructions for Existing Subscribers in OPTION B.





If you already have a password to File & Serve for other cases, you do not need to re-register.
LexisNexis research IDs or other Lexis product IDs will not give you access to File & Serve.
To find out if your firm has a LexisNexis File & Serve account or the name of your administrator, please call
Customer Support at 1.888.529.7587.


OPTION A: BRAND NEW FIRM REGISTRATION
1. Visit www.lexisnexis.com/fileandserve/lawfirms/register.asp and click Register.
2. Add organization information.
3. Add user information for administrator (primary contact).
4. Add user information for every attorney and staff member in your firm who will need a user ID and password.
Include full name, phone, fax, email and bar number (for attorneys). All attorneys of record must have a user
ID and password.
5. Review system requirements.
6. Review and accept Terms of Service Agreement by selecting an authorizing attorney.

OPTION B: FIRM ALREADY SUBSCRIBER. ADDING NEW USERS TO AN EXISTING ACCOUNT

1. Sign onto www.lexisnexis.com/fileandserve
2. Select File & Serve Preferences from the upper right hand corner of screen.
3. Click Organization Profile.
4. Click the Add Users tab and enter user information for every attorney and staff member who will need a user

ID and password. Include full name, phone, fax, email and bar number (for attorneys). All attorneys of
record must have a user ID and password.


STEP 2: TRAINING

We strongly recommend that all of the users in your firm (including attorneys) take advantage of LexisNexis
File & Serve free, online training classes.
Classes will cover:


The basics of using LexisNexis File & Serve to serve documents


• How to retrieve your documents
• Setting up User Preferences


To register for a class, sign on to File & Serve, click Resource Center in the upper right of the product. Under
Education & Training, select Louisiana from the drop down menu to view dates and times of classes for Oil Spill
MDL 2179 online classes.
For training questions, call 866-581-8893 or email fileandservetraining@lexisnexis.com