Joint Motion and Proposed Order

Case 2:10-md-02179-CJB-SS Document 5230 Filed 01/17/12 Page 1 of 3
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
IN RE: OIL SPILL by the OIL RIG § MDL-2179
“DEEPWATER HORIZON” §
in the GULF OF MEXICO, on §
APRIL 20, 2010 § SECTION “J”
§
THIS DOCUMENT RELATES TO: § JUDGE BARBIER
§ MAG. JUDGE SHUSHAN
10-cv-3059 and 11-cv-0516 §
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JOINT MOTION FOR ENTRY OF PROPOSED AGREED ORDER
The State of Louisiana, the State of Alabama, and the Plaintiffs’ Steering Committee
respectfully move for entry of an agreed order in the form attached as Exhibit “A”.
The proposed order moots the Petition for Writ of Mandamus currently pending in the
U.S. Fifth Circuit Court of Appeals, In re State of Louisiana, No. 12-30022.
The parties have no objection to the proposed agreed order being entered in separate
orders or merged into other orders.
JAMES D. “BUDDY” CALDWELL
LOUISIANA ATTORNEY GENERAL
James Trey Phillips
First Assistant Attorney General
Megan K. Terrell
Assistant Attorney General
Section Chief –Environmental
State of Louisiana
P.O. Box 94005
Baton Rouge, LA 70804-9005
Telephone: (225) 326-6708
KANNER & WHITELEY, LLC
/s/ Allan Kanner
Allan Kanner
Elizabeth B. Petersen
David A. Pote
Douglas R. Kraus
701 Camp Street
New Orleans, LA 70130
Telephone: (504) 524-5777
Special Counsel for Plaintiff
Attorney General, State of Louisiana
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Case 2:10-md-02179-CJB-SS Document 5230 Filed 01/17/12 Page 2 of 3
USRY, WEEKS, &
MATTHEWS, APLC
/s/ T. Allen Usry
T. Allen Usry
1615 Poydras St.
Suite 12
New Orleans, LA 70112
Telephone: (504) 592-4641
Special Counsel for Plaintiff
Attorney General, State of Louisiana
/s/ James Parkerson Roy
James Parkerson Roy, La. Bar No. 11511
DOMENGEAUX WRIGHT ROY
& EDWARDS LLC
556 Jefferson Street, Suite 500
Lafayette, Louisiana 70501
Telephone: (337) 233-3033
Fax No. (337) 233-2796
E-Mail: jimr@wrightroy.com
Plaintiffs’ Liaison Counsel
LUTHER J. STRANGE
ALABAMA ATTORNEY GENERAL
/s/ Luther Strange
Hon. Luther J. Strange
Attorney General
Corey L. Maze
Special Deputy Attorney General
Office of the Attorney General
501 Washington Avenue
Montgomery, Alabama 36130
Phone: (334) 242-7300
Fax: (334) 242-4891
E-Mail: lstrange@ago.state.al.us
E-Mail: cmaze@ago.state.al.us
Coordinating Counsel for State Interests
/s/ Stephen J. Herman_____________
Stephen J. Herman, La. Bar No. 23129
HERMAN HERMAN KATZ & COTLAR
LLP
820 O’Keefe Avenue
New Orleans, Louisiana 70113
Telephone: (504) 581-4892
Fax No. (504) 569-6024
E-Mail: sherman@hhkc.com
Plaintiffs’ Liaison Counsel
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Case 2:10-md-02179-CJB-SS Document 5230 Filed 01/17/12 Page 3 of 3
CERTIFICATE OF SERVICE
We hereby certify that the above and foregoing Motion has been served on All Counsel
by electronically uploading the same to Lexis Nexis File & Serve in accordance with Pretrial
Order No. 12, and 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 17 th day of January, 2012.
/s/ Stephen J. Herman and James Parkerson Roy
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Case 2:10-md-02179-CJB-SS Document 5230-1 Filed 01/17/12 Page 1 of 2
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
IN RE: OIL SPILL by the OIL RIG § MDL-2179
“DEEPWATER HORIZON” §
in the GULF OF MEXICO, on §
APRIL 20, 2010 § SECTION “J”
§
THIS DOCUMENT RELATES TO: § JUDGE BARBIER
§ MAG. JUDGE SHUSHAN
10-cv-3059 and 11-cv-0516 §
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PROPOSED AGREED ORDER
[AMENDING IN PART THE COURT’S PREVIOUS ORDER OF DECEMBER 28, 2011,
AND THE AMENDING ORDER OF JANUARY 4, 2012, ESTABLISHING ACCOUNT
AND RESERVE (REC. DOC. 4507 AND 5022)]
This Court Orders as follows:
1. The 4 % holdback applicable to settlements, judgments or other payments to the
States of Louisiana and Alabama shall not apply to (1) any State recoveries of
whatever type that have previously been paid, prior to entry date of this Order, or
are to be paid after entry of this Order pursuant to written agreements previously
executed between the States of Louisiana and/or Alabama (as the sole party or as
one of multiple parties) and any defendant, prior to the entry date of this Order,
and (2) any State’s recovery (or benefit) for response costs, increased agency
costs related to response, natural resource damages (“NRD”), NRD assessment,
any other costs incurred through participation in the NRD assessment process, any
State or Federal penalties (e.g. Clean Water Act penalties) (with the exception of
penalties sought by District Attorneys under La. R.S. 56:40.1, et seq.), any State
or Federal Oil Spill Trust Funding pollution removal payments, supplemental
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Case 2:10-md-02179-CJB-SS Document 5230-1 Filed 01/17/12 Page 2 of 2
environmental projects and any other similar non-monetary recovery. All other
monetary settlements, judgments or other payments to the States of Alabama
and/or Louisiana are subject to the 4% holdback.
2. The Court amends PTO 26, para. A to add the following sentence: The Court
appoints Louisiana Attorney General James D. “Buddy” Caldwell as Co-
Coordinating Counsel for the State Interests.
New Orleans, Louisiana, this ____ day of ______________, 2012.
______________________________
CARL J. BARBIER
United States District Judge
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