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Case 2:11-cv-00516-CJB-SS Document 3-5 Filed 03/09/11 Page 1 of 7






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

Applies to: Bundle C Cases

Applies to: 10-2771

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MDL No. 2179

SECTION: J

JUDGE BARBIER

MAGISTRATE JUDGE SHUSHAN






PRE-TRIAL ORDER NO. 33

[Regarding Voluntary Master Complaint for Local Government Entities]

By stipulation of Plaintiffs’ Liaison Counsel, Defense Liaison Counsel, and Coordinating

Counsel for the States, in order to clarify Case Management Order No. 1 (PTO No. 11), and to

facilitate the efficient and effective management and prosecution of the coordinated actions

herein:

IT IS ORDERED that:

1. Pleading Bundle C, as described in Section III(C) of CMO No. 1 (PTO No. 11), is

clarified as follows: “Public Damage Claims. This pleading bundle will include claims brought

by governmental entities for, inter alia, loss of resources, loss of tax revenue, property damages,

response or restoration costs, and civil penalties. Local public bodies or entities may voluntarily

join or otherwise intervene into one administrative Master Complaints for Bundle C claims, or

may opt out of the Master Complaint and file their own separate individual petitions or

complaints.”





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2. Plaintiffs are hereby granted leave to file the voluntary Local Government Entity

Master Answer to Claim in Limitation, Master Claim in Limitation, and Master Complaint (Rec.

Doc. 1510 in Civil Action No. 10-md-2179, and Rec. Doc. 253 in Civil Action No. 10-2771).

3. Whether through outside counsel or pro se, any governmental body or entity who

desires to bring a claim in the Transocean Limitation [No. 10-2771] and/or to adopt the

Voluntary Local Government Entity Master Complaint (Rec. Doc. 1510 in Civil Action No. 10-

md-2179, and Rec. Doc. 253 in Civil Action No. 10-2771), may do so by filing directly into

Civil Action No. 10-9999 a form reflected in EXHIBIT 1 [“Local Government Short Form

Joinder”]. The filing of a short form in Civil Action No. 10-9999 shall be deemed to be a

simultaneous filing of an answer and claim in Civil Action No. 10-2771 and an intervention into

the Local Government Entity Master Complaint (Rec. Doc. 1510 in Civil Action No. 10-md-

2179). The filing of Local Government Short Form Joinders shall be fully subject to the

provisions of PTO No. 20, addressing Direct Filing.

4. Subject to the provisions of Paragraph 5 and the Direct Filing Order (PTO No. 20), the

filing of the Voluntary Local Government Entity Master Complaint shall not waive any

contentions relating to venue, jurisdiction, or choice of law, or any other matter, all of which are

specifically preserved.

5. For the procedural and administrative purpose of answering or otherwise responding to

the voluntary Local Government Entity Master Complaint (Rec. Doc. 1510 in Civil Action No.

10-md-2179, and Rec. Doc. 253 in Civil Action No. 10-2771), no defenses, objections, motions

or exceptions for lack of jurisdiction, lack of standing, or any other defense that may be specific

or unique to any particular local government plaintiff shall be waived, and all such defenses,

objections, motions and/or exceptions specific to any particular plaintiff shall be reserved. In





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addition, any and all rights under the Hague Convention shall not be deemed to be waived by the

entry of this Order, and are hereby preserved.

6. The proper service of the Local Government Entity Master Complaint as to any

Defendant named therein shall constitute service on behalf of all local governmental bodies or

entities who hereinafter join and/or intervene into the Master Complaint as contemplated by

Paragraph 3 herein.

7. Defendants who have been properly served with the Local Government Entity Master

Complaint, or agreed to accept or waive such service of process, shall have 30 days from the date

of service, acceptance or waiver to file any responsive pleadings to the Master Complaint. The

filing of an answer or other responsive pleading to the Local Government Entity Master

Complaint (Rec. Doc. 1510 in Civil Action No. 10-md-2179, and Rec. Doc. 253 in Civil Action

No. 10-2771) shall, (subject to, and in accordance with, the provisions of Paragraph 5), constitute

a full answer or other response to the Local Government Short Form Joinder of any

governmental body or entity who may thereafter intervene into the Master Complaint. Any

Memoranda in Opposition to any Motion to Dismiss the Local Government Entity Master

Complaint shall be filed within 30 days of the filing of the motion. Any Reply Briefs shall be

filed within 30 days of the filing of any Memoranda in Opposition. The page limitation for

responsive motions and oppositions to responsive motions shall be set at 50 pages, and the page

limitation for replies to oppositions shall be set at 25 pages.

8. Neither the filing of the voluntary Local Government Entity Master Complaint (Rec.

Doc. 1510 in Civil Action No. 10-md-2179, and Rec. Doc. 253 in Civil Action No. 10-2771) nor

the entry of this Order shall in any way amend, supplement or supersede the allegations, claims,

theories of recovery or prayers for relief contained within any pre-existing petition or complaint





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by a local governmental body or entity. Nor shall the filing of the voluntary Local Government

Entity Master Complaint, nor the entry of this Order, in any way affect pending or future claims

filed by a State.

9. The filing of an answer or other responsive pleading to the voluntary Local

Government Entity Master Complaint by any defendant named therein shall, for administrative

purposes, serve as an answer or other defense to the common legal and factual issues contained

therein, and the requirement for the filing of a separate answer or other responsive pleading to

any other petitions or complaints filed by local governmental entities within the MDL shall be

stayed, pending further order of the Court.

10. Regardless of whether a local government entity chooses to intervene into the

voluntary Local Government Entity Master Complaint or to file its own separate and individual

claim, all local government entities shall be subject to the terms of Case Management Order No.

1, and shall coordinate and conduct all discovery requests and deposition activity through the

Coordinating Counsel for the States and/or the Plaintiffs’ Steering Committee appointed by this

Court in Civil Action No. 10-md-2179.






IT IS FURTHER ORDERED THAT:

Civil Action No. 10-9999 has been created by the Clerk of Court for the sole and limited

purpose of allowing governmental bodies or entities to file a Local Government Entity Claim in

Limitation / Short-Form Claim [“Local Government Short Form Joinder”].



11. Any Local Government Short Form Joinder filed in Civil Action No. 10-9999 may be

filed without payment of a filing fee and shall be deemed to be a simultaneous filing of an

answer and claim in Civil Action No. 10-2771 [the Limitation Action], and an intervention into





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the voluntary Local Government Entity Master Complaint (Rec. Doc. 1510 in Civil Action No.

10-md-2179, and Rec. Doc. 253 in Civil Action No. 10-2771).



12. Any Local Government Short Form Joinder submitted to the Clerk of Court by April

20, 2011, or postmarked by April 20, 2011 shall be deemed filed by the April 20, 2011 monition

date set in Civil Action No. 10-2771 [the Limitation Action] (Rec. Doc. 569, p.7].



13. The only pleadings to be filed in Civil Action No. 10-9999 shall be Local

Government Short Form Joinders. No responses or motions shall be filed in Civil Action No.

10-9999. All responses and motions regarding Local Government Short Form Joinders shall be

filed in response to the Local Government Entity Master Complaint in Civil Action No. 10-md-

2179 and in the Limitation Action, Civil Action No. 10-2771.







SIGNED New Orleans, Louisiana, this 4th day of March, 2011.



____________________________
Carl J. Barbier
U.S. District Court Judge



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IN RE: OIL SPILL by “Deepwater Horizon”

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LOCAL GOVERNMENT ENTITY SHORT FORM (VOLUNTARY)
Authorized by Order of the Court, Civil Action No. 10-md-2179 Rec. Doc. 1549

(Copies of said Order having also been filed in Civil Actions No. 10-9999 and 10-2771)

MDL 2179

JUDGE CARL BARBIER

CLAIM IN LIMITATION-JOINDER IN MASTER ANSWER-INTERVENTION AND VOLUNTARY

JOINDER IN LOCAL GOVERNMENT MASTER COMPLAINT – PROFILE FORM

By submitting this document, the governmental entity identified below is asserting a claim in Complaint and
Petition of Triton Asset Leasing GmbH, et al., No. 10-2771; adopts and incorporates the Master Answer [Rec.
Doc. 235] to the Complaint and Petition of Triton Asset Leasing Gmbh, et al., in No. 10-2771; and intervenes into,
joins and otherwise adopts the Local Government Entity Master Complaint [Rec. Doc. 1510] filed in MDL No.
2179 (10-md-2179).

GOVERNMENTAL BODY OR ENTITY







SECTION: J




Body/Entity

County/Parish

State

Primary Physical Address

City/State/Zip

PRIMARY OFFICER, ATTORNEY, OR
OTHER CONTACT
Name

Address

City/State/Zip

Claim Filed with BP?

YES



NO



Claim No.
Claim Type (Please check all that apply):












State / Bar No. (if attorney)

Phone

E-Mail Address









Loss of Tax Revenue / Income / Use
Damage, Destruction, or Diminution in Value of Property
Response, Removal, Clean-Up, Restoration and/or Remediation Costs
Civil or Criminal Penalties
Punitive Damages
Other Damages or Loss ___________________________________________















1 This form should be filed with the U.S. District Court for the Eastern District of Louisiana, 500 Poydras Street, New Orleans, Louisiana 70130, in 
Civil Action No. 10?9999.  While this Local Government Entity Short Form is to be filed in CA No. 10?9999, by prior order of the Court, (Rec. Doc. 
253, C.A. No. 10?2771 and Rec. Doc. 1510 in MDL 2179), the filing of this form in C.A. No. 10?9999 shall be deemed to be simultaneously filed in C.A. 
10?2771 and MDL 2179. 

The filing of this Direct Filing Short Form shall also serve in lieu of the requirement of a Plaintiff Profile Form.

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Case 2:11-cv-00516-CJB-SS Document 3-5 Filed 03/09/11 Page 7 of 7




Brief Description:



1. For loss of tax revenue, loss of income, or loss of use claims, please describe the type
of revenue, income or use you claim was lost, e.g., sales tax revenue, nature of the
loss, and the time period over which the claimed loss occurred.

































2. For damage, destruction or diminution in the value of property, please describe the
location of the property or properties affected, your ownership interest in each
property, and the type of damage you allege, including whether oil or dispersants
touched the property.

3. For claims for civil or criminal penalties, please provide the statutory (or other)

authority and briefly describe the factual basis for such claims.



_____________________________________________________
Signature of Authorized Attorney, Official or other Representative

_____________________________________________________
Printed Name

_____________________________________________________
Date

The filing of this Direct Filing Short Form shall also serve in lieu of the requirement of a Plaintiff Profile Form.

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