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BP Oil Spill: BP's Motion for Restitution and Injunctive Relief

BP Oil Spill: BP's Motion for Restitution and Injunctive Relief

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Published by TheDonovanLawGroup
First, BP moves for an order declaring that BP is entitled to restitution, plus interest, from (i) those claimants who have been overpaid as a result of application of the erroneous matching policy in the full amount of the overpayment plus interest and (ii) professionals (lawyers, accountants, and others) who have been paid a proportional amount of any overpayments, plus interest. In support of that order, BP requests that the Court order the recalculation of previously-paid awards to claimants that were appealed by BP on matching grounds applying the now-approved Policy 495 granting declaratory relief.

Second, BP seeks an injunction preventing the claimants from dissipating the portions of their awards identified as possible overpayments pending the recalculation of their compensation amounts.
First, BP moves for an order declaring that BP is entitled to restitution, plus interest, from (i) those claimants who have been overpaid as a result of application of the erroneous matching policy in the full amount of the overpayment plus interest and (ii) professionals (lawyers, accountants, and others) who have been paid a proportional amount of any overpayments, plus interest. In support of that order, BP requests that the Court order the recalculation of previously-paid awards to claimants that were appealed by BP on matching grounds applying the now-approved Policy 495 granting declaratory relief.

Second, BP seeks an injunction preventing the claimants from dissipating the portions of their awards identified as possible overpayments pending the recalculation of their compensation amounts.

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Published by: TheDonovanLawGroup on Jun 28, 2014
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08/08/2014

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA In Re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010 This document relates to all actions. * * * * * * * * * * * MDL NO. 2179 SECTION J
 
HONORABLE CARL J. BARBIER 
 
MAGISTRATE JUDGE SHUSHAN
 
BP’S MOTION FOR RESTITUTION AND INJUNCTIVE RELIEF
Defendants BP Exploration & Production, Inc. and BP America Production Company (collectively, “BP”) respectfully move the Court for restitution and injunctive relief.
 
First, BP moves for an order declaring that BP is entitled to restitution, plus interest, from (i) those claimants who have been overpaid as a result of application of the erroneous matching  policy in the full amount of the overpayment plus interest and (ii) professionals (lawyers, accountants, and others) who have been paid a proportional amount of any overpayments, plus interest. In support of that order, BP requests that the Court order the recalculation of  previously-paid awards to claimants that were appealed by BP on matching grounds applying the now-approved Policy 495 granting declaratory relief. Second, BP seeks an injunction preventing the claimants identified in Exhibit B to the Declaration of Brian Gaspardo from dissipating the portions of their awards identified as  possible overpayments in Exhibit B pending the recalculation of their compensation amounts. The grounds supporting these requests are set forth in the Memorandum filed herewith in support of this motion.
Case 2:10-md-02179-CJB-SS Document 13073 Filed 06/27/14 Page 1 of 3
 
55654365 Jun 27 2014 12:32PM
 
 
 2 June 27, 2014 Mark Holstein BP AMERICA INC. 501 Westlake Park Boulevard Houston, TX 77079 Telephone: (281) 366-2000 Telefax: (312) 862-2200 Respectfully submitted,
 /s/ Kevin M. Downey
Kevin M. Downey F. Lane Heard III WILLIAMS & CONNOLLY LLP 725 Twelfth Street, N.W. Washington, DC 20005 Telephone: (202) 434-5000 Telefax: (202) 434-5029 Daniel A. Cantor Andrew T. Karron ARNOLD & PORTER LLP 555 Twelfth Street, NW Washington, DC 20004 Telephone: (202) 942-5000 Telefax: (202) 942-5999 Robert C. “Mike” Brock COVINGTON & BURLING LLP 1201 Pennsylvania Avenue, NW Washington, DC 20004 Telephone: (202) 662-5985 Telefax: (202) 662-6291 Jeffrey Lennard Keith Moskowitz DENTONS US LLP 233 South Wacker Drive Suite 7800 Chicago, IL 60606 Telephone: (312) 876-8000 Telefax: (312) 876-7934
OF COUNSEL
 
 /s/ Don K. Haycraft
S. Gene Fendler (Bar #05510) Don K. Haycraft (Bar #14361) R. Keith Jarrett (Bar #16984) LISKOW & LEWIS 701 Poydras Street, Suite 5000  New Orleans, Louisiana 70139 Telephone: (504) 581-7979 Telefax: (504) 556-4108 Richard C. Godfrey, P.C. Wendy L. Bloom KIRKLAND & ELLIS LLP 300 North LaSalle Street Chicago, IL 60654 Telephone: (312) 862-2000 Telefax: (312) 862-2200 Jeffrey Bossert Clark Dominic E. Draye KIRKLAND & ELLIS LLP 655 Fifteenth Street, N.W. Washington, D.C. 20005 Telephone: (202) 879-5000 Telefax: (202) 879-5200
 ATTORNEYS FOR BP EXPLORATION & PRODUCTION INC.  AND BP AMERICA PRODUCTION COMPANY 
 
Case 2:10-md-02179-CJB-SS Document 13073 Filed 06/27/14 Page 2 of 3
 
 3
CERTIFICATE OF SERVICE
I hereby certify that the above and foregoing pleading has been served on All Counsel by electronically uploading the same to Lexis Nexis File & Serve in accordance with Pretrial Order  No. 12, and that the foregoing was electronically filed with the Clerk of Court of the United States District Court for the Eastern District of Louisiana by using the CM/ECF System, which will send a notice of electronic filing in accordance with the procedures established in MDL 2179, on this 27th day of June, 2014.
 /s/ Don. K. Haycraft
Don K. Haycraft
Case 2:10-md-02179-CJB-SS Document 13073 Filed 06/27/14 Page 3 of 3

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