This case was last updated from PACER on 05/30/2021 at 08:50:07 (UTC).

King v. BP Exploration & Production, Inc. et al

Case Summary

On March 31, 2021, Courtney Ray King (“Plaintiff”), represented by Charles David Durkee of the Downs Law Group filed a personal injury lawsuit against BP Exploration & Production, Inc. (“BP Exploration”) and BP America Production Company (“BP America”) (collectively, “BP Defendants”), represented by Catherine Pyune McEldowney of Maron Marvel Bradley and Anderson LLC, Devin C. Reid of Liskow & Lewis (New Orleans), Georgia Lee Lucier of Hunton Andrews Kurth LLP, Kevin Michael Hodges of Williams & Connolly, LLP and Scott C. Seiler of Liskow & Lewis (New Orleans), seeking compensatory damages and court costs for exposing clean up workers with chemical dispersants and oil and therefore causing Obstructive Sleep Apnea and Other Asthma to Plaintiff. This case was filed in the U.S. District Court for the Southern District of Texas with Judge Sim Lake presiding.

In the complaint, Plaintiff alleged that, “The Oil Spill occurred with the blowout of the Macondo Well which was drilled by the Deepwater Horizon Rig (DHR) on the outer continental shelf in the Gulf of Mexico, approximately 130 miles southeast of New Orleans, Louisiana. The explosions and fire on board the DHR occurred on or about April 20, 2010. The Defendants are at fault for the Oil Spill and Deepwater Horizon Incident. Since BP Defendants have stipulated to fault and this is equivalent to negligence, BP Defendants are responsible for any and all damages that were proximately caused as a result of this event, including, but not limited to any and all damages caused to class members who allege a “Later Manifested Physical Condition”. Crude oil and other hydrocarbons were released following the explosion.”

The Plaintiff further alleged that, “This crude oil contained benzene and other volatile organic compounds such as ethylbenzene, toluene, xylene and naphthalene, polycyclic aromatic hydrocarbons (“PAHs”), diesel fumes and heavy metals such as aluminium, cadmium, nickel, lead, and zinc. Subsequently, Response Activities were performed by Clean-Up Workers under the direction of Unified Command. As part of the Response Activities, BP Defendants purchased highly noxious chemical dispersants from Nalco and/or its subsidiaries, including COREXIT. COREXIT contains hazardous substances; it is harmful to human health including, but not limited to: acute and chronic physical and neurological conditions and diseases; respiratory and pulmonary conditions; cardiological conditions; adverse central nervous system effects; ocular conditions; dermal conditions; gastrointestinal conditions, liver and kidney effects, damage to developing fetuses; and various forms of cancers and metastatic diseases.”

The Plaintiff also alleged that, “He is a clean up worker and was exposed and came into contact with oil, other hydrocarbons, chemical dispersants, and other substances when his eyes, nose, mouth, and skin, and airways were exposed. As a result of this exposure, Plaintiff has developed a reasonable fear that in the future he may develop a severe disease, injury, or illness, including, but not limited to cancer(s) arising out of, resulting from, and/or relating to Plaintiff's Later-Manifested Physical Condition. He was diagnosed Obstructive Sleep Apnea and Other Asthma, and has endured these damages Past and future medical expenses, past lost wages, future lost earning capacity, past and future mental anguish and pain and suffering, scarring and disfigurement, loss of enjoyment of life; and fear of future medical issues including cancers.”

The only claim for relief laid down by the Plaintiff is for the alleged negligence of the Defendants. Other substantive allegations are covered under a Medical Class Action Complaint. 

In his prayer for relief, the plaintiff has requested the court that BP Defendants be duly cited to appear and answer this Complaint and that this Honorable Court grant Plaintiff relief to which he is entitled to under the law and against BP Defendants, including court costs and compensatory damages.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-01056

  • Filing Date:

    03/31/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

Judge Details

Presiding Judge

Sim Lake

 

Party Details

Plaintiff

Courtney Ray King

Defendants

BP America Production Company

BP Exploration & Production, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Charles David Durkee

Attorney at The Downs Law Group

3250 Mary St, Ste 307

Miami, FL 33133

Craig Downs

Attorney at Downs Law Group, PA

3250 Mary Street, Suite 307

Coconut Grove, FL 33133

Defendant Attorneys

Georgia Lee Lucier

Attorney at Hunton Andrews Kurth LLP

600 Travis St, Ste 4200

Houston, TX 77002

Kevin Michael Hodges

Attorney at Williams & Connolly, LLP

725 12Th St., N. W.

Washington, DC 20005-5901

Scott C. Seiler

Attorney at Liskow & Lewis (New Orleans)

One Shell Square, 701 Poydras St., Suite 5000

New Orleans, LA 70139-5099

Catherine Pyune McEldowney

Attorney at Maron Marvel Bradley and Anderson LLC

1201 North Market Street, Suite 900

Wilmington, DE 19801

Devin C. Reid

Attorney at Liskow & Lewis (New Orleans)

One Shell Square, 701 Poydras St., Suite 5000

New Orleans, LA 70139-5099

Thomas W Taylor

Attorney at Hunton Andrews Kurth LLP

600 Travis, Suite 4200

Houston, TX 77002

 

Court Documents

#17

#16

#15

14 #1

Proposed Order proposed Docket Control Order

#14

#13

12 #1

Proposed Order

#12

#11

#10

#9

#8

#7

#6

#5

#4

1 #1

Civil Cover Sheet

#1

16 More Documents Available
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Docket Entries

  • 05/06/2021
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  • Docket(#17) ORDER granting #16 Motion for Craig T. Downs to Appear Pro Hac Vice for Courtney Ray King. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 05/06/2021)

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  • 05/03/2021
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  • Docket(#16) MOTION for Craig T. Downs to Appear Pro Hac Vice by Courtney Ray King, filed. Motion Docket Date 5/24/2021. (bthomas, 4) (Entered: 05/04/2021)

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  • 04/20/2021
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  • DocketPursuant to the #15 Docket Control Order entered the Initial Conference set for 4/30/2021 at 02:00 PM is CANCELLED. (sanderson, 4) (Entered: 04/26/2021)

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  • 04/20/2021
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  • Docket(#15) DOCKET CONTROL ORDER. Motions to Amend the Pleadings due by 5/31/2021., Motion to Add New Parties due by 5/31/2021., Motion to Certify Class due by May 31. 2021., Identification of experts by the party with the burden of proof on the issue and production of experts' reports due by November 1, 2021., Identification of responsive experts and production of expert's reports due by January 3, 2022., Discovery due by 3/31/2022., Mediation or Settlement Conference due by 4/6/2022., Dispositive Motions and all other Pretrial Motions Filing due by 4/22/2021., Joint Pretrial Order and Motions in Limine due by 10/7/2022. Docket Call set for 10/14/2022 at 03:00 PM in Courtroom 9B before Judge Sim Lake. The parties may request an earlier docket call date if no motions are filed in April of April 2022. (Signed by Judge Sim Lake) Parties notified.(jdav, 4) (Entered: 04/22/2021)

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  • 04/20/2021
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  • Docket(#14) Agreed JOINT DISCOVERY/CASE MANAGEMENT PLAN by BP America Production Company, BP Exploration & Production, Inc., filed. (Attachments: #1 Proposed Order proposed Docket Control Order)(Lucier, Georgia) (Entered: 04/20/2021)

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  • 04/16/2021
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  • Docket(#13) ORDER granting #12 Motion to Substitute Attorney Attorney Devin C. Reid; Scott C. Seiler; Kevin Michael Hodges and Catherine Pyune McEldowney terminated, Attorney Thomas W. Taylor added..(Signed by Judge Sim Lake) Parties notified.(jdav, 4) (Entered: 04/16/2021)

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  • 04/15/2021
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  • Docket(#12) Unopposed MOTION to Substitute Attorney Thomas W. Taylor in place of Kevin M. Hodges, Catherine Pyune McEldowney, Scott C. Seiler and Devin C. Reid by BP America Production Company, BP Exploration & Production, Inc., filed. Motion Docket Date 5/6/2021. (Attachments: #1 Proposed Order)(Lucier, Georgia) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#11) CORPORATE DISCLOSURE STATEMENT by BP Exploration & Production, Inc. identifying BP p.l.c. as Corporate Parent, filed.(Lucier, Georgia) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#10) CORPORATE DISCLOSURE STATEMENT by BP America Production Company identifying BP p.l.c. as Corporate Parent, filed.(Lucier, Georgia) (Entered: 04/15/2021)

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  • 04/15/2021
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  • Docket(#9) CERTIFICATE OF INTERESTED PARTIES by Courtney Ray King, filed.(Durkee, Charles) (Entered: 04/15/2021)

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  • 03/31/2021
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  • Docket(#8) ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/30/2021 at 02:00 PM in by telephone before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified.(sanderson, 4) (Entered: 03/31/2021)

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  • 03/31/2021
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  • Docket(#7) Case transferred in from Louisiana Eastern. Case Number 2:20-cv-03016; certified copy of transfer order, certified docket sheet, and transfer letter received (Entered: 03/31/2021)

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  • 03/31/2021
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  • Docket(#6) ORDER - IT IS ORDERED that the instant matter is hereby TRANSFERRED to the United States District Court for the Southern District of Texas. Signed by Magistrate Judge Donna Phillips Currault on 3/30/2021. (NEF: Section J) (sa) (Entered: 03/31/2021)

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  • 03/26/2021
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  • Docket(#5) Statement by BP America Production Company, BP Exploration & Production, Inc. Regarding Venue (Reid, Devin) (Entered: 03/26/2021)

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  • 12/07/2020
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  • Docket(#4) ANSWER to #1 Complaint, by BP America Production Company, BP Exploration & Production, Inc..Attorney Devin C. Reid added to party BP America Production Company(pty:dft), Attorney Devin C. Reid added to party BP Exploration & Production, Inc.(pty:dft).(Reid, Devin) (Entered: 12/07/2020)

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  • 11/10/2020
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  • Docket(#3) INITIAL PROCEEDINGS CASE MANAGEMENT ORDERS NO.1 AND AMENDED ORDER NO.2. Signed by Judge Carl Barbier on 1/30/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 BELO Settlement Agreement)(cg) (Entered: 11/10/2020)

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  • 11/06/2020
  • Docket(#2) Initial Case Assignment to Judge Carl Barbier and Magistrate Judge Donna Phillips Currault. (go) (Entered: 11/06/2020)

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  • 11/06/2020
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  • Docket(#1) COMPLAINT with jury demand against All Defendants (Filing fee $ 400 receipt number BLAEDC-8583969) filed by Courtney Ray King. (Attachments: #1 Civil Cover Sheet)Attorney Charles David Durkee added to party Courtney Ray King(pty:pla).(Durkee, Charles) (Entered: 11/06/2020)

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