Skip to Navigation
The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

STATE OF ALABAMA et al v. BP, PLC et al BP Motion To Stay

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Embedded Scribd iPaper - Requires Javascript and Flash Player
Case 1:10-cv-00331-KD-M Document 44
Filed 09/27/10 Page 1 of 5
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION STATE OF ALABAMA; et al., Plaintiffs, v. BP PLC; et al., Defendant. ) ) ) ) ) CASE NO. 1:10-cv-00331-KD-M ) ) ) )
MOTION FOR STAY OF PROCEEDINGS PENDING TRANSFER BY THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION Defendants BP Products North America Inc. and BP America Inc. (the “BP Defendants”) move the Court to stay all further proceedings in this action pending the Judicial Panel on Multidistrict Litigation’s (“JPML”) issuance of a Conditional Transfer Order (“CTO”) in In re: Oil Spill by the Oil Rig Deepwater Horizon in the Gulf of Mexico, on April 20, 2010, MDL No. 2179 and subsequent transfer of this case to the Eastern District of Louisiana. 1 As grounds for this motion, the BP Defendants state: 1. On August 10, 2010, the JPML issued a Transfer Order consolidating
77 related actions for coordination of all pretrial proceedings before Judge Carl
BPXP specifically reserves, and does not waive, any and all applicable defenses to the claims brought in this action including all defenses available under Rule 12 of the Federal Rules of Civil Procedure.
1
Case 1:10-cv-00331-KD-M Document 44
Filed 09/27/10 Page 2 of 5
Barbier in the United States District Court for the Eastern District of Louisiana. See Transfer Order, attached as Ex. A. 2. In response to the initial Transfer Order, the Transferee Court issued a
PreTrial Order No. 1, also on August 10, 2010, extending all responsive pleading deadlines in or staying all cases subject to the Transfer Order pending a pretrial conference in the consolidated proceeding. See Pre-Trial Order No. 1 at ¶ 6, attached as Ex. B. 3. In the Transfer Order, the MDL Panel also indicated that it will soon
issue CTOs that will likely transfer and centralize the remaining potential "tag along" actions for all pretrial proceedings in the Transferee Court. See Transfer Order at p. 1, n.1, p. 3. The instant case is one such "tag along" action. See Notice of Related Actions (July 7, 2010) attached as Ex. C. In the likely event that this action is conditionally transferred to the U.S. Eastern District of Louisiana, it would automatically become subject to the Transferee Court's Order staying the proceeding pending the pretrial conference in the consolidated proceeding. See Pre-Trial Order No. 1 at ¶¶ 2, 3 ("This Order . . .will also apply to any 'tag-along actions' later filed in, removed to, or transferred to this Court . . . Any 'tag-along actions' later filed in, removed to or transferred to this Court . . . will automatically be consolidated with this action[.]").
2
Case 1:10-cv-00331-KD-M Document 44
Filed 09/27/10 Page 3 of 5
4.
Given that this case likely will soon be transferred to and
consolidated in the Transferee Court, and thus be subject to the Transferee Court's orders and stay, the Court should stay this case pending a determination by the MDL Panel as to whether this case will be included in the cases subject to a forthcoming CTO. Unless the Court grants an immediate stay, the parties and the Court may very well waste time, efforts and resources briefing issues that will likely need to be re-briefed in the Transferee Court's consolidated proceedings. 2 Moreover, allowing this case to proceed when it is likely to be transferred pursuant to a CTO could frustrate the Transferee Court's purposes for implementing the stay set forth in its Pre-Trial Order No. 1. To the extent this case is not included in a CTO, which is very unlikely, the Court would be able to lift the stay if and when appropriate. 5. Although the Court previously denied the BP Defendants request for a
stay, this Court has since granted stay orders in substantially similar cases pending transfer to the Eastern District of Louisiana. See Stay Orders attached as Ex. D. WHEREFORE, the BP Defendants respectfully request that the Court enter an order staying all further proceedings pending the JPML’s issuance of a CTO and subsequent transfer of this case to the Eastern District of Louisiana.
The current deadline for the BP Defendants to respond to the Complaint in this case is October 1, 2010.
2
3
Case 1:10-cv-00331-KD-M Document 44
Filed 09/27/10 Page 4 of 5
s/ William H. Brooks John M. Johnson (JOHNJ7318) William H. Brooks (BROOW3330) Marchello D. Gray (GRAYM6384) LIGHTFOOT, FRANKLIN & WHITE, L.L.C. 400 North 20th Street Birmingham, Alabama 35203 Tel: (205) 581-0700 Fax: (205) 581-0799 JJohnson@lightfootlaw.com WBrooks@lightfootlaw.com MGray@lightfootlaw.com Attorneys for Defendants BP Products North America Inc. and BP America Inc. OF COUNSEL: Richard C. Godfrey, P.C. John T. Hickey, Jr., P.C. J. Andrew Langan, P.C. KIRKLAND & ELLIS, LLP 300 North Lasalle Street Chicago, IL 60654 Tel.: (312) 862-2000 Fax: (312) 862-2200
4
Case 1:10-cv-00331-KD-M Document 44
Filed 09/27/10 Page 5 of 5
CERTIFICATE OF SERVICE I hereby certify that on this 27th day of September, 2010, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to all counsel of record.
s/ William H. Brooks Of Counsel
5

Published under a Creative Commons License By attribution, non-commercial
AttachmentSize
State of Alabama v ESIS Motion to Stay.pdf23.47 KB

Like us on facebook!