Claimant ID 100296800 v. BP Exploration & Prodn, I, No. 17-30036 (5th Cir. 2018)
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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-30036 United States Court of Appeals Fifth Circuit FILED April 4, 2018 CLAIMANT ID 100296800, Lyle W. Cayce Clerk Requesting Party – Appellant, v. BP EXPLORATION PRODUCTION, INCORPORATED; BP AMERICA PRODUCTION COMPANY; BP, P.L.C., Objecting Parties – Appellees. Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:16-CV-15246 Before JOLLY, DENNIS, and ELROD, Circuit Judges. PER CURIAM:* Claimant ID 100296800 filed a claim under the BP Deepwater Horizon Economic Settlement. Claimant appeals the district court’s denial of discretionary review of an appeals panel decision denying the claim. During the pendency of this appeal, the court issued In re Deepwater Horizon, 858 F.3d 298 (5th Cir. 2017) (Deepwater Horizon II). Following Deepwater Horizon II’s Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * No. 17-30036 issuance, the district court remanded all affected claims pending on discretionary review to the Claims Administrator. The Claims Administrator was ordered to process the claims “under the Annual Variable Margin Methodology, except that revenue shall not be reallocated, restated, smoothed, or moved unless done to correct an error.” As the district court did not have the benefit of our decision in Deepwater Horizon II when it denied discretionary review in this case, we REMAND the case to the district court so that it may handle it consistently with its June 13, 2017 interim order. 2
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