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Date: 07-02-2021
Case Style:
Case Number: 2:21-cv-00819-CJB-DPC
Judge: Carl Barbier
Court: United States District Court for the Eastern District of Louisiana (Orleans Parish )
Plaintiff's Attorney:
Defendant's Attorney: Scott C. Seiler, Catherine Pyune McEldowney, Devin C. Reid, Georgia Lee Lucier, Kevin Michael Hodges
Description: New Orleans, Louisiana personal injury lawyer represented Plaintiff who sued Defendant on maritime negligence theory under 28 U.S.C. 1333, which provides: The district courts shall have original jurisdiction, exclusive of the courts of the States, of:
(1) Any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.
(2) Any prize brought into the United States and all proceedings for the condemnation of property taken as prize.
Defendant moved to dismiss for failure to satisfy the Back End Litigation Option (“BELO”)provisions of the Medical Benefits Class Action Settlement Agreement (“the SettlementAgreement”) entered by the parties and approved by the court. Record Doc. No. 6427-1 atpp. 60-73 (settlement agreement); Record Doc. No. 8218 (approval order).
Outcome: 07/02/2021 6 ORDER ADOPTING REPORT AND RECOMMENDATIONS 5 . IT IS ORDERED that the BP Parties' Motion to Dismiss (Rec. Doc. 4) is GRANTED, and Plaintiff Louis M. Matherne's complaint is DISMISSED WITHOUT PREJUDICE to refiling once all BELO suit pre-conditions are met. Signed by Judge Carl Barbier on 7/2/21.(cg) (Entered: 07/02/2021)
07/02/2021 7 JUDGMENT - IT IS ORDERED, ADJUDGED, AND DECREED that there be judgment in favor of defendants, BP Exploration & Production, Inc. and BP America Production Company, and against plaintiff, Louis M. Matherne, dismissing plaintiff's complaint without prejudice to refiling once all BELO suit pre-conditions are met. Signed by Judge Carl Barbier on 7/2/21.(cg) (Entered: 07/02/2021)
Plaintiff's Experts:
Defendant's Experts:
Comments: