Schexnaydre Law Firm, LLC

Minute Entry from Judge Barbier

By David Schexnaydre, Esq.

Here is the text of the Minute Entry entered by Judge Barbier after meeting with Class Counsel, BP Counsel and the Claims Administrator's counsel today (10/11/13):

The Court held an in-chambers status conference to discuss how the parties and the Court should proceed in light of the October 2, 2013 decision of the Fifth Circuit Court of Appeals in case number 13-30315 c/w 13-30329.

By Tuesday, October 15 at 5:00 p.m., Class Counsel and BP shall submit revised proposed language for the "narrowly tailored" preliminary injunction, consistent with the Court's interpretation and instructions provided in chambers.  Class Counsel and BP shall submit their proposed language directly to chambers, as well as to the Claims Administrator and each other.

The parties shall meet and confer next week (October 14 - 18) regarding proposed policy language for the Settlement Program, consistent with the Court's interpretation and instructions provided in chambers

By Friday, October 18 at 5:00 p.m., Class Counsel and BP shall submit a proposed scheduling order. The scheduling order shall include a hearing date on Monday, December 2, 2013 at 8:30 a.m.

So, it appears to me, at least, that there will not be much forthcoming from the Claims Administrator's office, either in the way of Eligibility Notices or payments on any Business Economic Loss claims, until at least October 18.  Hopefully at that point at least claims based on the accrual method of accounting will move forward, with some other procedure to be haggled over for cash basis claimants.

We can only wait and see.

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2895 Highway 190, Suite 212
Mandeville, LA 70471

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