The United States District Court for the Eastern District of Louisiana [has] defined “collusion” as the “lawful means for the accomplishment of an unlawful purpose” and as a “secret understanding between two or more persons prejudicial to another, or a secret understanding to appear as adversaries, though in agreement.” Collusion does not require fraudulent conduct. See Dynamic Marine Consortium, SA v. Latini, MV, 179 F.3d 278 (5th Cir. 1999).
In his Preliminary Approval Order [As to the Proposed Economic and Property Damages Class Action Settlement], Judge Barbier writes, “The Court preliminarily approves the Economic and Property Damages Settlement Agreement filed with this Court on April 18, 2012 (Rec. Doc. 6276-1), as amended as set forth in Interim Class Counsel’s and BP’s Joint Supplemental Motion Related to the Economic and Property Damages Settlement, as fair, reasonable, adequate, entered in good faith, free of collusion, and within the range of possible judicial approval……The Parties engaged in a multi-month, extensive, arms-length settlement process, free of collusion, and overseen by Magistrate Judge Shushan.” (p. 29, Rec. Doc. 6418) (Emphasis added). Plaintiffs respectfully disagree.
On July 13, 2012, Plaintiffs Pinellas Marine Salvage, Inc. and John Mavrogiannis filed a Motion to Vacate this Preliminary Approval Order because collusion permeates MDL 2179 and this Proposed Settlement.
Click here to download the memorandum of law in support of the motion.
HOW TO OPT-OUT
Not surprisingly, the Class Action Settlement Notices do not provide “Class Members” with an “Opt-Out” form. Furthermore, the information required to properly opt-out of the Medical Benefits Class Action Settlement, and the mailing address to where the opt-out notice must be sent, differs from the information required and the mailing address to properly opt-out of the Economic and Property Damages Class Action Settlement.
Click here to download a sample Deepwater Horizon Economic and Property Damages Class Action Settlement Opt-Out Notice.
Click here to download a sample Deepwater Horizon Medical Benefits Class Action Settlement Opt-Out Notice.