Murray v. BP Exploration & Prod., Inc. (In re Deepwater Horizon)
Opinion of the Court
*664"This case presents another in the line of cases related to the Deepwater Horizon oil spill." In re Deepwater Horizon (Barrera ),
We therefore affirm the district court's judgment as to the Lindsay Appellants. As to the D'Amico Appellants, however, we reverse and remand.
I.
A.
As part of its herculean efforts overseeing MDL 2179, the district court created eight "pleading bundles" for various categories of cases and claims. See, e.g., Ctr. for Biological Diversity, Inc. v. BP Am. Prod. Co. ,
*665On February 22, 2017, the district court issued pretrial order 63 ("PTO 63"), dismissing the B3 master complaint and conveying additional instructions to B3 plaintiffs. First, any B3 plaintiff who had filed an individual complaint-defined as "a single-plaintiff complaint without class allegations"-was instructed to complete a sworn statement, which was to be filed and served in the individual lawsuit by April 12, 2017. Failure to do so would result in a complaint being "dismissed with prejudice without further notice." Second, any B3 plaintiff who had only filed a short-form joinder, or was "part of a complaint with more than one plaintiff or a class action," was instructed to file and serve an individual lawsuit, also by April 12, 2017. Failure to do so would similarly result in claims being "dismissed with prejudice without further notice." Finally, the order explained that this second category does not include "complaints that contain related parties, such as a husband and wife or co-owners of a business"-those would instead be considered "individual complaints" under the first category.
B.
The Lindsay Appellants comprise hundreds of workers hired by Plant Performance Services, LLP and its parent corporation (collectively, "P2S") to perform clean-up work in the aftermath of the oil spill. After being allegedly "fired ... through no fault of their own," the Lindsay Appellants filed two multi-plaintiff lawsuits against P2S in Florida, with over eight hundred plaintiffs in total. They also asserted "a third party beneficiary theory" against various BP entities, who had contracted with P2S to provide clean-up services. These two cases were transferred to MDL 2179 in April and May 2013 based on the claims asserted against BP.
On the April 12, 2017 deadline set by PTO 63, the Lindsay Appellants filed motions for relief from PTO 63. The district court denied relief, but "granted [the Lindsay Appellants] an extension up to and including May 3, 2017 to comply with PTO 63." The Lindsay Appellants, however, submitted no additional filings by the extended deadline. Per the district court's instruction, BP provided the court a list of plaintiffs BP understood to have complied with PTO 63. The Lindsay Appellants did not appear on that list, and the court dismissed their claims with prejudice on July 18, 2017. They filed post-judgment motions under Federal Rules of Civil Procedure 59(e) and 60, claiming that P2S-the main target of their lawsuit-was not "a party to the MDL" and that based on communications with the Plaintiffs' Steering Committee ("PSC"), they believed their claims were not part of the B3 bundle. The district court denied those motions, and the Lindsay Appellants sought our review.
C.
The D'Amico Appellants are a group of seventeen people who allege personal injuries from exposure to the spilled oil and the chemicals used along the Gulf Coast to disperse that oil. They originally brought two suits in the Eastern District of Louisiana and one in the Northern District of Florida. The Florida case was transferred to MDL 2179 in May 2013. After issuance of PTO 63, the D'Amico Appellants sought advice from the PSC on how it applied to their claims. After conferring with the PSC, they believed that their three lawsuits qualified as "individual lawsuits" under the order and that they were thus required only to file sworn statements. They filed the required statements before the April 12, 2017 deadline. Subsequently, the D'Amico Appellants appeared on BP's *666court-ordered list of plaintiffs with deficient submissions. On July 18, 2017, the district court dismissed the D'Amico Appellants' claims with prejudice for failing to file individual lawsuits. In subsequent Rule 59(e) motions, the D'Amico Appellants claimed their failure to comply with PTO 63 was unintentional because they believed their previous filings qualified as individual lawsuits. The district court denied those motions, and the D'Amico Appellants sought our review.
II.
"We review matters concerning docket management for an abuse of discretion," affording a district court "special deference ... in the context of an MDL." Barrera ,
III.
A.
We first address the Lindsay Appellants' arguments. They contest the dismissal of their claims on three grounds: (1) that the record fails to clearly show "delay or contumacious conduct"; (2) that they did not have adequate notice that dismissal with prejudice was a possible sanction; and (3) that dismissal with prejudice effectively denies them access to the courts guaranteed by the Florida Constitution. We address each argument in turn.
First, contrary to the Lindsay Appellants' claim, we find that the record clearly shows contumacious conduct under our precedents, justifying dismissal-with-prejudice. We are guided by our recent decision in Barrera ,
Second, we reject the Lindsay Appellants' argument that they lacked notice that dismissal-with-prejudice was on the table. PTO 63 explicitly warned that non-compliant plaintiffs would "face dismissal of their claims with prejudice without further notice." And the Lindsay Appellants were given an extension specifically to comply with the order. In similar circumstances, we have found it "unclear what lesser sanctions could have been appropriate following the district court's warnings and second chances." Barrera ,
Finally, we are unpersuaded by the Lindsay Appellants' invocation of the Florida Constitution's access-to-courts guarantee. See FLA. CONST. Art. I, § 21 (guaranteeing "[t]he courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay"). This argument was not raised before the district court and is therefore "waived and cannot be raised for the first time on appeal." In re Deepwater Horizon ,
B.
We turn to the D'Amico Appellants' arguments. Like the Lindsay Appellants, they contend the record shows no contumacious conduct in their failure to comply with PTO 63. To the contrary, they claim to have made a good-faith effort to comply, emphasizing they sought guidance from the PSC and then, based on that advice, timely filed sworn statements instead of individual lawsuits. Consequently, the D'Amico Appellants urge that a lesser sanction would better serve the interests of justice and that dismissal-with-prejudice was inappropriate. We agree.
We do not find the "clear record of delay or contumacious conduct" by the D'Amico Appellants required to justify a dismissal-with-prejudice sanction. Barrera ,
None of the factors we relied on in Barrera to find contumaciousness is present here. The D'Amico Appellants did not receive an extension to comply with PTO 63 and then blow it off: To the contrary, they timely filed sworn statements before the original deadline. Cf. Barrera ,
We find BP's arguments to the contrary unpersuasive. For instance, BP relies on Perez ,
Finally, we reject BP's waiver argument. Specifically, BP argues the D'Amico Appellants failed to object to PTO 63 when issued and, further, failed to raise their current arguments post-judgment. We disagree. When PTO 63 was issued, the D'Amico Appellants had no reason to object-they tried to comply with the order-and they objected in post-judgment motions after their lawsuits were dismissed. As for those post-judgment motions, it is true they did not deploy the magic words "contumacious conduct." But that is immaterial. The D'Amico Appellants *669argued they "did not [act] with any intent to disobey [the district c]ourt's order, [to] circumvent the rules, or to unduly delay this matter" and urged their failure to file individual lawsuits was an "inadvertent mistake." This was enough to preserve the argument that dismissal-with-prejudice was unwarranted. See, e.g. , Keelan v. Majesco Software, Inc. ,
IV.
We AFFIRM the district court's judgment dismissing the Lindsay Appellants' claims, but we REVERSE the district court's judgment dismissing the D'Amico Appellants' lawsuits and REMAND for further proceedings consistent with this opinion.
AFFIRMED IN PART; REVERSED AND REMANDED IN PART
Any differences between this case and Barrera are superficial. For example, the Barrera plaintiffs had three chances-rather than the Lindsay Appellants' two-to comply with the order. Id. at 234. But the prior dismissals under PTO 60 in Barrera should have alerted the Lindsay Appellants that these management orders must be taken seriously. See id. (noting district court dismissed claims under PTO 60 on December 16, 2016); see also, e.g., In re Deepwater Horizon (Perez ),
Reference
- Full Case Name
- IN RE: DEEPWATER HORIZON Sarah Graham Max Murray Richard Wood John Burrus v. BP Exploration & Production, Incorporated BP America Production Company BP, P.L.C. Transocean, Limited Transocean Offshore, Incorporated Transocean Deepwater, Incorporated Transocean Holdings, Incorporated Anadarko Petroleum Corporation Company Anadarko E&P Onshore, L.L.C., formerly known as Anadarko E&P Company, L.P. MOEX Offshore 2007, L.L.C. MOEX USA Corporation Mitsui Oil Exploration Company, Limited Mitsui & Company, Limited Halliburton Energy Services, Incorporated Cameron International Corporation, agent of Cooper Cameron Corporation Triton Asset Leasing, - Kimberly Deagano, Individually and on behalf of minor, Dereck J. Deagano Ted Deagano, Jr. Keith Keaghey v. BP Exploration & Production, Incorporated BP America Production Company BP, P.L.C. Transocean, Limited Transocean Offshore, Incorporated Transocean Deepwater, Incorporated Transocean Holdings, Incorporated Anadarko Petroleum Corporation Company Anadarko E&P Onshore, L.L.C., formerly known as Anadarko E&P Company, L.P. MOEX Offshore 2007, L.L.C. MOEX USA Corporation Mitsui Oil Exploration Company, Limited Mitsui & Company, Limited Halliburton Energy Services, Incorporated Cameron International Corporation, agent of Cooper Cameron Corporation Triton Asset Leasing, - James Bryant Henry Jenkins Steven Burke Willie Richardson Nathan S. Southern Marion G. Barefoot Baron Buskell Johnnie Clopton Tommy Tripp v. BP Exploration & Production, Incorporated BP America Production Company BP, P.L.C. Transocean, Limited Transocean Offshore, Incorporated Transocean Deepwater, Incorporated Transocean Holdings, Incorporated Triton Asset Leasing Anadarko Petroleum Corporation Company Anadarko E&P Onshore, L.L.C., formerly known as Anadarko E&P Company, L.P. MOEX Offshore 2007, L.L.C. Moex USA Corporation Mitsui Oil Exploration Company, Limited Mitsui & Company, Limited Halliburton Energy Services, Incorporated Cameron International Corporation, agent of Cooper Cameron Corporation, - Thomas S. Abood Latasha Acoo John H. Adams Michelle Akkan Mustaffa Akkan v. Plant Performance Services, L.L.C., doing business as P2S Fluor Enterprises, Incorporated BP Exploration & Production, Incorporated BP America Production Company BP, P.L.C. O'Brien's Response Management, L.L.C., formerly known as O'Brien's Response Management, Incorporated, - Michael Abney Cara Aldrich Garry Ammar David Banks Sonamekia Banks v. Plant Performance Services, L.L.C., doing business as P2S Fluor Enterprises, Incorporated BP Exploration & Production, Incorporated BP America Production Company BP, P.L.C. O'Brien's Response Management, L.L.C., formerly known as O'Brien's Response Management, Incorporated
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- 11 cases
- Status
- Published