Powell v. BP Exploration & Production, Inc. et al, No. 2:2017cv04489 - Document 57 (E.D. La. 2023)

Court Description: ORDER AND REASONS: IT IS ORDERED that the 43 motion in limine is GRANTED. IT IS FURTHER ORDERED that the 46 spoliation motion is DENIED. IT IS FURTHER ORDERED that the 44 motion for summary judgment is GRANTED. Signed by Judge Susie Morgan on 5/25/2023. (pp)

Download PDF
Powell v. BP Exploration & Production, Inc. et al Doc. 57 Case 2:17-cv-04489-SM-KWR Document 57 Filed 05/25/23 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA DONALD JOSEPH POWELL, Plaintiff CIVIL ACTION VERSUS NO. 17-4489 BP EXPLORATION & PRODUCTION INC., ET AL., Defendants SECTION: “E” (4) ORDER AND REASONS Before the Court is a motion in limine to exclude the opinions of Donald Joseph Powell’s (“Plaintiff”) general causation expert, Dr. Jerald Cook (“Cook”), filed by BP Exploration & Production, BP America Production Company, and BP p.l.c. (collectively “Defendants”).1 Also before the Court is the Defendants’ motion for summary judgment.2 Plaintiff has filed oppositions to both motions, and Defendants have filed replies. Plaintiff separately filed a spoliation motion,3 which Defendants oppose. The Court is prepared to rule on pending motions herein. Defendant’s motion in limine and motion for summary judgment are nearly identical to the ones filed by Defendants, and granted by this Court, in other B3 cases.4 Likewise, Plaintiff’s spoliation motion is nearly identical to the ones filed by other B3 Plaintiffs, and denied by this Court, in other B3 cases.5 R. Doc. 43. Halliburton Energy Services, Inc., Transocean Holdings LLC, Transocean Deepwater, Inc., and Transocean Offshore Deepwater Drilling, Inc., additional Defendants, join in the motion in limine. 2 R. Doc. 44. Halliburton Energy Services, Inc., Transocean Holdings LLC, Transocean Deepwater, Inc., and Transocean Offshore Deepwater Drilling, Inc., additional Defendants, join in the motion for summary judgment. 3 R. Doc. 46. 4 See Bruton v. BP Exploration & Production, Inc., et al., Civ. A. 17-3110 at R. Doc. 107 (E.D. La. 11/30/2022) (Morgan, J.); Harrison v. BP Exploration & Production, Inc, et al., Civ. A. 17-4346 at R. Doc. 85 (7/1/2022) (Morgan, J.). 5 Bruton, Civ. A. 17-3110 at R. Doc. 107. 1 1 Dockets.Justia.com Case 2:17-cv-04489-SM-KWR Document 57 Filed 05/25/23 Page 2 of 2 Accordingly, for the reasons stated in the Orders & Reasons issued in the cited B3 cases; IT IS ORDERED that the motion in limine is GRANTED. IT IS FURTHER ORDERED that the spoliation motion is DENIED. IT IS FURTHER ORDERED that the motion for summary judgment is GRANTED. Judgment is granted in favor of Defendants BP Exploration & Production, BP America Production Company, BP p.l.c., Halliburton Energy Services, Inc., Transocean Holdings LLC, Transocean Deepwater, Inc., and Transocean Offshore Deepwater Drilling, Inc., and against Plaintiff on all claims. New Orleans, Louisiana, this 25th day of May, 2023. ______________________ _________ SUSIE MORGAN UNITED STATES DISTRICT JUDGE 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.