United States District Court, S.D. Alabama, Southern Division
MEMORANDUM OPINION AND ORDER
F. MOORER UNITED STATES DISTRICT JUDGE.
before the Court is the Motion to Consolidate Pursuant to
Fed.R.Civ.P. 42 (“motion to consolidate”).
See Doc. 31. The motion is filed by Plaintiff
Eugenio De La Cruz and Movants James Martin, Marcus V.
Richardson, James Ramsey, Brandon W. Martir, Mark E. Seaman,
Sr., Gilberto Navarro, William E. Batchelder, Richard L.
McKensie, and Jeffery Beatty. Movants are the Plaintiffs in
the other Back-End Litigation Option (“BELO”)
cases that were filed by the same counsel. For the purposes
of this motion, the Court will refer to them collectively as
“Plaintiffs.” Defendants timely responded in
opposition to the motion to consolidate. See Doc.
35. The matter is ripe for disposition and for the reasons
discussed below, the motion to consolidate (Doc. 31) is
matter is a BELO lawsuit for Later Manifested Physical
Conditions (“LMPCs”) that was filed pursuant to
the terms and requirements of the Medical Settlement
Agreement (“MSA”) that was amended on May 1,
2012; preliminarily approved by the court on May 2, 2012; and
entered on May 3, 2012, in the case of In re Oil Spill by
the Oil Rig “Deepwater Horizon” in the Gulf of
Mexico, on April 20, 2010, No. 2:10-md-02179-CJB-JCW,
Doc. 6427-1 (E.D. La. May 3, 2012).
motion to consolidate involves ten (10) BELO actions for
LMPCs, which were transferred from the United District Court
for the Eastern District of Louisiana to the Southern
District of Alabama and are styled as follows:
(1) Martin v. BP Expl. & Prod., Inc., No.
1:19-cv-00015-KD-B (S.D. Ala. 2019);
(2) Richardson v. BP Expl. & Prod., Inc., No.
1:19-cv-00013-C (S.D. Ala. 2019);
(3) Janes-Ramsey v. BP Expl. & Prod., Inc.,
1:19-cv-00012-CG-N (S.D. Ala. 2019);
(4) Martir v. BP Expl. & Prod., Inc., No.
1:19-cv-00005-JB-C (S.D. Ala. 2019);
(5) Seaman v. BP Expl. & Prod., Inc., No.
1:18-cv-00535-CG-C (S.D. Ala. 2019);
(6) Navarro v. BP Expl. & Prod., Inc., No.
1:18-cv-00534-B (S.D. Ala. 2018);
(7) Batchelder v. BP Expl. & Prod., Inc., No.
1:18-cv-00533-CG-M (S.D. Ala. 2018);
(8) McKenzie v. BP Expl. & Prod., Inc., No.
1:18-cv-00513-JB-M (S.D. Ala. 2018);
(9) Beatty v. BP Expl. & Prod., Inc., No.
1:18-cv-00512-KD-B (S.D. ...