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De La Cruz v. BP America Production Co.

United States District Court, S.D. Alabama, Southern Division

March 25, 2019

EUGENIO DE LA CRUZ, Plaintiff,
v.
BP AMERICA PRODUCTION COMPANY, et al., Defendants.

          MEMORANDUM OPINION AND ORDER

          TERRY F. MOORER UNITED STATES DISTRICT JUDGE.

         Pending 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 DENIED.

         I. Background

         This 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).

         The 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]

(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. ...

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