1:71-F-00063•IN RE: Galveston, Texas, Oil Well Platform Disaster Litigation
IN RE: Galveston, Texas, Oil Well Platform Disaster Litigation
1:71-F-00063Jpml30 apr 2015
Testo completo
Case MDL No. 63 Document 2 Filed 04/30/15 Page 1 of 5 oo | "HE JUDICIAL PANEL _ er Te ~ ON : Jy JA rem, oN SORNS 2 Ce . MULTIDISTRICT LITIGATION ~~ mtd Haney rhe Le IN RE GALVESTON, TEXAS OIL WELL ) oc FES y er = : PLATFORM DISASTER LITIGATION ) DOCKET NO. 3s \CLE TRAE : : } | [ER LL . AN 4OPINION AND ORDER A BEFORE ALFRED P., MURRAH, CHAIRMAN*, AND JOHN MINOR WISDOM, Co REE EDWARD WEINFELD, EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH oo Co S.. LORD, III*, AND STANLEY A. WEIGEL, JUDGES OF THE PANEL EE PER CURIAM This litigation arises from an explosion and fire which - L. occurred on an offshore oil well platform situated on the outer A continental shelf approximately ten to: twelve miles from ’ Galveston, Texas. As a result of the explosion and ensuing fire, nine men were killed and several were injured. The oil well platform was severely damaged and a charter vessel used to carry men and equipment from shore to the platform, the Carryback, was badly burned. This litigation includes claims for death and injury, for damages to the platform, damages to the Carryback and for indemnification and subrogation rights ~ ol as among the four principal defendants.’ Co oC : : * Judges Murrah and Lord were unable to attend the hearing but with the consent of all parties they have participated in this decision on the basis of the transcript of the hearing and the pleadings filed in this matter. . 1/ The major defendants in this litigation are Chambers & Kennedy, co co : the owners and operators of the oil platform; Drilling Engineering, a : Inc., the contract engineer in charge of the repairs being made to So the platform at the time of the explosion; Chapman Contracting Service Company, Inc., the contractors supplying labor for accom- EERE plishing these repairs; and Dearborn Marine Service, Inc., the : : owner and/or operator of the Carryback. Although some of these defendants have instituted actions or third-party actions against one or more of the defendants, they will generally be referred to : as "defendants" for the purpose of this opinion.
Case MDL No. 63 Document2 Filed 04/30/15 Page 2 of 5 ® ,. | This litigation presently encompasses nine actions, four in the Southern District of Texas and five in the Western District of Louisiana.2’/ On December 16, 1970, an order to show cause was entered . directing the parties to show cause why these actions should not be transferred to another district for coordinated or consolidated pretrial proceedings and a hearing was held in San Francisco on January 22, 1971 to consider the transfer of any or all of these cases under Section 1407. The parties positions relative to transfer is very clear. All four defendants support transfer of the Louisiana cases to the Southern District of Texas, preferably to the Galveston Division. The plaintiffs ® all oppose transfer of their cases to another district. As is so often the case in common disaster litigation where there are multiple defendants, each plaintiff sees his case as : a simple one involving limited discovery and a short trial while | the defendants contemplate extended discovery and a longer trial. For this reason, it is not surprising that several of the plaintiffs counsel claim they are nearly ready for trial while the defendants contend that substantial discovery remains - to be completed. 2] Three of these actions were originally brought in the Eastern District of Louisiana but were transferred under Section 1404(a) to the Western District of Louisiana and another action, which was pending in the Western District of Louisiana when the order to show cause was first issued, Drilling Engineering, Inc. v. Chambers & Kennedy, was sub- ( sequently remanded to state court and is no longer before=~ the Panel.
Case MDL No. 63 Document2 Filed 04/30/15 Page 3 of 5 ® . : - 3 - | If the Louisiana Plaintiffs are or soon will be ready for trial, it is unlikely that the transfer of the Louisiana Cases to the Southern District of Texas would substantially benefit any of the parties. The Louisiana Plaintiffs contend that their discovery is virtually complete and they certainly would not benefit from such a transfer. While not necessarily opposing transfer of the Louisiana Cases, none of the Texas Plaintiffe claim that transfer of these cases would be bene- ficial to them. 3/ Only the defendants favor transfer of the Louisiana Cases and they urge that the continuation of pretrial procedures without consolidation in all cases "will ® impose heavy and unnecessary burdens in time and expense on the parties and their counsel. "%/ However, it seems that the bulk of the remaining discovery relates primarily to ~ the intra-defendant litigation, all of which is now pending in the Southern District of Texas. . Although it is undoubtedly true the transfer of these cases under Section 1407 would serve the convenience of the four 3/ Counsel for the only Texas plaintiffs responding to the show cause order asserted that his case would be completed in the near future if it was "not involved in any Multi- district Litigation" (Response of Esther Marie Love, p. 2) 4/ Response of Chapman Contracting Service Company, Inc., ’ 5 “rhe defendants are, of course, free to move for transferand consolidation of the Texas cases under 28 U.S.C. §1404(b) [ and Rule 42(a), F.R.,Civ.P. See generally, Manual for Complexand Multidistrict Litigation, Section 5.2,
Case MDL No. 63 Document 2 Filed 04/30/15 Page 4 of 5 ® | - 4 = defendants, this factor does not here outweigh the incon- venience which transfer to the Southern District of Texas . would impose on the Louisiana Plaintiffs. Under these circumstances, and in view of the limited size of this litigation, we decline to order transfer under Section 1407. TRANSFER DENIED. : ® °o
Case MDL No. 63 Document 2 Filed 04/30/15 Page 5 of 5 DOCKET No, 63 SCHEDULE A SOUTHERN DISTRICT OF TEXAS : In the Matter of the Complaint of Dearborn Civil Action Marine Service, Inc., C-W-D, Inc. and No. 70-G~113 Thoroughbred Marine Service, Tnc. for Exoneration From or Limitation of Liability of the 0il Screw "Carryback" Chambers & Kennedy ¥. Drilling €ivil Action Engineering, Inc., et al. No. 70-H-713 Webster Barnwell Armstrong, III, etc. Vv. Civil Action Chambers & Kennedy, et al. No. 70-H-1171 Lucille Monk, et al. wv. Chambers & Civil Action Kennedy, et al. : No. 71-G-3 ® WESTERN DISTRICT OF LOUISIANARoy Melancon v., Drilling Engineering, Civil Action Inc., et al. No. 16404 Ilaine B, Campbell, etc. v. Drilling Civil Action Engineering, Inc., et al. No. 16405 Joyce C. Nunez, etc. v. Drilling Civil Action ~~ Engineering, Inc., et al. No. 16406 Clemille Credeur & Beulah Hardin v. Civil Action Travelers Insurance Company, et al. No, 15878 Leo Meaux, etc. v. Chapman Contracting Civil Action Service Co., Inc., et al. No. 16305
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