U.S. District Court
SOUTHERN DISTRICT OF TEXAS (Houston)
CRIMINAL DOCKET FOR CASE #: 4:07-cr-00434-1


Case title: USA v. BP Products North America Inc.

Date Filed: 10/22/2007
Date Terminated: 03/13/2009

Assigned to: Judge Lee H Rosenthal

Defendant (1)
BP Products North America Inc.
Unknown Address
TERMINATED: 03/13/2009
represented byCarol E Dinkins
Vinson & Elkins
1001 Fannin St
Ste 2500
Houston, TX 77002-6760
713-758-2528
Fax: 713-615-5311
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

George Wilkinson
Vinson Elkins
1001 Fannin Street
Ste 2500
Houston, TX 77002-6760
713-758-4834
Fax: 713-615-5142
Email: gwilkinson@velaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kevin A Gaynor
Vinson & Elkins
1455 Pensylvania Ave NW
Washington, DC 20004-1008
202-639-6688
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Mark C Holscher
Kirkland & Ellis LLP
777 South Figueroa Street
Los Angeles, CA 90017
213-680-8190
Email: mholscher@kirkland.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
CLEAN AIR ACT
(1)
Probation for a term of THREE (3) years, Fine of FIFTY (50) Million Dollars and Special Assessment of 400.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
None


Movant
Victim Filers represented byDavid L Perry
Perry Haas PC
PO Box 1500
Corpus Christi, TX 78403-1500
361-880-7500
Fax: 361-887-9507
Email: dlperry@perryhaas.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Paul G Cassell , Esq.
332 S. 1400 E. Room 101
Salt Lake City, UT 84112
801-585-5202
Fax: 801-581-6897
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

W Mark Lanier
The Lanier Law Firm
6810 FM 1960 W
Houston, TX 77069
713-659-5200
Fax: 713-659-2204
Email: jrm@lanierlawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Byron Miles Buchanan
Brent Coon & Associates
300 Fannin
200
Houston, TX 77002
713-225-1682
Fax: 713-225-1785
Email: byron.buchanan@bcoonlaw.com
ATTORNEY TO BE NOTICED

Edward A Mallett
Mallett & Saper, L.L.P.
600 Travis
Ste 1900
Houston, TX 77002-2911
713-236-1900
Fax: 713-228-0321
Email: edward@mgscounsel.com
ATTORNEY TO BE NOTICED


Plaintiff
USA represented byAbran Martinez
Office of U S Attorney
919 Milam
Ste 1500
Houston, TX 77002
713-567-9349
Fax: 713-718-3300
Email: abe.martinez@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen Mark McIntyre
Assistant U S Attorney
P O Box 61129
Houston, TX 77208
713-567-9572
Fax: 713-718-3300
Email: mark.mcintyre@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Financial Litigation
U S Attorney's Office
Southern District of Texas
P O Box 61129
Houston, TX 77208
713-567-9000
Fax: 713-718-3391 fax
Email: flu.usatxs-@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Retained

US Marshal - H
515 Rusk
10th Floor
Houston, TX 77002
713-718-4800
Fax: 713-718-4848
ATTORNEY TO BE NOTICED
Designation: Retained

US Pretrial Svcs - H
515 Rusk
6th Floor
Houston, TX 77002
713-250-5218
Fax: 713-250-5666
ATTORNEY TO BE NOTICED
Designation: Retained

US Probation - H
515 Rusk
2nd Floor
Houston, TX 77002
713-250-5266
Fax: INS_prob1
ATTORNEY TO BE NOTICED
Designation: Retained

Daniel W. Dooher
Department of Justice
PO BOX 23985
Washington, DC 20026-3985
202-305-0351
Fax: 202-305-0396
Email: daniel.dooher@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
10/22/20071CRIMINAL INFORMATION as to BP Products North America Inc. (1) count(s) 1, filed. (esmith, ) (Entered: 10/25/2007)
10/22/20072US Attys Criminal Docket Sheet as to BP Products North America Inc., filed.(esmith, ) (Entered: 10/25/2007)
10/22/20073 MOTION to Seal Case by USA as to BP Products North America Inc., filed. (esmith, ) (Entered: 10/25/2007)
10/22/20074ORDER granting 3 Motion to Seal Case as to BP Products North America Inc. (1).(Signed by Judge Calvin Botley.) Parties notified.(esmith, ) (Entered: 10/25/2007)
10/25/20075 MOTION to Unseal Case by USA as to BP Products North America Inc., filed. (esmith, ) (Entered: 10/25/2007)
10/25/20076ORDER granting 5 Motion to Unseal Case as to BP Products North America Inc. (1).(Signed by Judge Calvin Botley.) Parties notified.(esmith, ) (Entered: 10/25/2007)
11/05/20077NOTICE OF SETTING as to BP Products North America Inc. Initial Appearance, Re-Arraignment and Sentencing set for 11/27/2007 at 10:00 AM in Courtroom 9D before Judge Gray H. Miller. Parties notified. (rkonieczny) (Entered: 11/05/2007)
11/16/20078Joint MOTION for Waiver by USA as to BP Products North America Inc., filed. (Attachments: # 13)(McIntyre, Stephen) (Entered: 11/16/2007)
11/20/20079Victim's Motion for leave to Appear and Be Heard In Opposition to Proposed Plea Agreement. Attorney: David L. Perry by Victim Filers as to BP Products North America Inc., filed. (Attachments: # 5 Proposed Order (Rejecting Plea Agreement))(Perry, David) Modified on 11/20/2007 (ncavazos, ). (Entered: 11/20/2007)
11/20/200710ORDER OF RECUSAL in case as to BP Products North America Inc. Judge Gray H. Miller recused. ( Signed by Judge Gray H. Miller ) Parties notified. (rkonieczny) (Entered: 11/20/2007)
11/20/2007  Judge update in case as to BP Products North America Inc. Judge David Hittner added. (rkonieczny) (Entered: 11/20/2007)
11/20/200711NOTICE of Reassignment. Case reassigned to Judge David Hittner. Judge Gray Miller no longer assigned to the case. Parties notified.(rkonieczny) (Entered: 11/20/2007)
11/20/200712 MEMORANDUM by BP Products North America Inc., filed.(Wilkinson, George) (Entered: 11/20/2007)
11/20/2007  Attorney update in case as to BP Products North America Inc.. Attorney George Wilkinson for BP Products North America Inc. added. (smurdock, ) (Entered: 11/21/2007)
11/21/200713 MOTION for Kevin Gaynor to Appear Pro Hac Vice by BP Products North America Inc., filed. (Wilkinson, George) (Entered: 11/21/2007)
11/23/200714First MOTION for Leave to File Leave to Appear and Be Heard in Opposition to Proposed Plea Agreement by Victim Filers as to BP Products North America Inc., filed. (Attachments: # 3 Proposed Order Rejecting Proposed Plea Agreement)(W, Mark) (Entered: 11/23/2007)
11/23/200715Corrected MOTION for Leave to Appear as Movants to be Heard in Opposition to Proposed Plea Agreement Attorney: W.Mark Lanier by Victim Filers as to BP Products North America Inc., filed. (Attachments: # 3 Proposed Order Rejecting Proposed Plea Agreement and Ordering Pre-Sentence Investigation)(W, Mark) (Entered: 11/23/2007)
11/26/200716 RESPONSE by Victim Filers as to BP Products North America Inc. Sentencing Memorandum, filed. (Attachments: # 13 Exhibit K)(Perry, David) (Entered: 11/26/2007)
11/26/200717ORDER that due to the recusal of a judge of this Court and the assignment to Judge Hittner, the rearraignment and sentencing set for November 27, 2007 at 10:00 a.m. is continued to a date to be determined by a subsequent order as to BP Products North America Inc. ( Signed by Judge David Hittner ) Parties notified. (ealexander, ) (Entered: 11/26/2007)
11/26/200718 RESPONSE by USA as to BP Products North America Inc., filed.(McIntyre, Stephen) (Entered: 11/26/2007)
11/27/200719ORDER OF RECUSAL in case as to BP Products North America Inc. Judge David Hittner recused. ( Signed by Judge David Hittner ) Parties notified. (ealexander, ) (Entered: 11/27/2007)
11/27/2007  Case as to BP Products North America Inc. Reassigned to Judge Lee H Rosenthal. (rwestmoreland, ) (Entered: 11/27/2007)
11/27/200720Clerk's Notice of Reassignment as to BP Products North America Inc. Judge Lee H Rosenthal added to case.(rwestmoreland, ) (Entered: 11/27/2007)
11/27/2007  Attorney update in case as to BP Products North America Inc.. Attorney Abe Martinez for USA added. (leddins, ) (Entered: 11/27/2007)
11/27/200721NOTICE OF SETTING as to BP Products North America Inc...... Status Conference set for 11/28/2007 at 02:00 PM before Judge Lee H Rosenthal, filed. (leddins, ) (Entered: 11/27/2007)
11/27/200722ORDER granting Kevin A Gaynor's 13 Motion to Appear Pro Hac Vice for BP Products North America Inc. (1).(Signed by Judge Lee H Rosenthal.) Parties notified.(kmurphy, ) (Entered: 11/27/2007)
11/28/200723 MOTION for Leave to File by Victim Filers as to BP Products North America Inc., filed. (Attachments: # 1 Proposed Order)(Buchanan, Byron) (Entered: 11/28/2007)
11/28/2007  Attorney update in case as to BP Products North America Inc.. Attorney Carol E Dinkins for BP Products North America Inc., W Mark Lanier for Victim Filers added. (leddins, ) (Entered: 11/28/2007)
11/28/2007  Attorney update in case as to BP Products North America Inc.. Attorney Mark C Holscher for BP Products North America Inc. added. (leddins, ) (Entered: 11/28/2007)
11/28/200724 Minute entry for status conference held on 11/28/2007 before Judge Lee H. Rosenthal.The victims will submit supplemental materials by December 19, 2007. The parties will file responses by January 22, 2008. The court will then make a final decision on whether to waive the PSI and PSR. The court will hold a hearing on February 4, 2008 at 10:00 a.m. Notice to be issued. Appearances: Abe Martinez/Mark McIntyre/David Dooher-AUSA, Carol Dinkins (by phone), Kevin A Gaynor/George Wilkinson/Mark C Holscher/James Nolan for Deft. BP, Mark Lanier/Larry Wilson/Edward Mallett for Movant Victim Filer Group, David Perry for Movant Victim Filers Group and Arthur Gonzales for Rowe Victims Filer Group.(Court Reporter: S. Carlisle-Neisser) (Interpreter:No), filed.(leddins, ) Modified on 1/10/2008 (leddins, ). (Entered: 11/30/2007)
11/30/200725NOTICE OF SETTING as to BP Products North America Inc.... Pretrial Conference set for 2/4/2008 at 10:00 AM in Courtroom 11B before Judge Lee H Rosenthal.., filed. (leddins, ) (Entered: 11/30/2007)
12/05/200726TRANSCRIPT as to BP Products North America Inc. re: Status Conference held on 11/28/07 before Judge Lee H. Rosenthal. Court Reporter: S. Carlisle-Neisser. Transcript is available for viewing in the office of the clerk, filed.(scarlisle-neisser) (Entered: 12/05/2007)
12/19/200727 MOTION for Leave to File 43 Page Memorandum by Victim Filers as to BP Products North America Inc., filed. (Attachments: # 1 Proposed Order)(Mallett, Edward) (Entered: 12/19/2007)
12/19/200728Memorandum in Opposition by Victim Filers as to BP Products North America Inc. re 24 Status Conference,,,, filed. (Attachments: # 18 Exhibit 18)(Mallett, Edward) (Entered: 12/19/2007)
12/21/200729ORDER granting 27 Motion for Leave to File 43 page Memorandum as to BP Products North America Inc. (1).(Signed by Judge Lee H Rosenthal.) Parties notified.(sbyrum, ) (Entered: 01/02/2008)
01/11/200830 MOTION for Leave to File Defendant's Response to Victims' Joint Memorandum in Opposition to Plea Agreement Exceeding Page Limit by BP Products North America Inc., filed. (Attachments: # 1 Proposed Order)(Wilkinson, George) (Entered: 01/11/2008)
01/16/200831ORDER granting 30 Motion for Leave to Exceed Page Limit for Defendant's Response as to BP Products North America Inc. (1).(Signed by Judge Lee H Rosenthal.) Parties notified.(chorace) (Entered: 01/16/2008)
01/22/200832 RESPONSE by BP Products North America Inc. re 12 Appendix Appendix IX)(Wilkinson, George) (Entered: 01/22/2008)
01/22/200833 RESPONSE by USA as to BP Products North America Inc., filed. (Attachments: # 2 Exhibit)(McIntyre, Stephen) (Entered: 01/22/2008)
01/23/200834NOTICE OF RESETTING as to BP Products North America Inc.... Pretrial Conference reset for 2/4/2008 at 11:00 AM in Courtroom 11B before Judge Lee H Rosenthal.., filed. (leddins, ) (Entered: 01/23/2008)
01/25/200835Sealed Event, filed. (Entered: 01/25/2008)
01/25/200836Sealed Event, filed. (With attachments) (Entered: 01/25/2008)
01/25/200837Sealed Event, filed. (Entered: 01/25/2008)
01/25/200838Sealed Event, filed. (Entered: 01/25/2008)
01/25/200839Sealed Event, filed. (Entered: 01/25/2008)
01/25/200840Sealed Event, filed. (Entered: 01/25/2008)
01/25/200841Sealed Event, filed. (Entered: 01/25/2008)
01/25/200842Sealed Event, filed. (Entered: 01/25/2008)
01/25/200843Sealed Event, filed. (Entered: 01/25/2008)
01/25/200844Sealed Event, filed. (Entered: 01/25/2008)
01/25/200845Sealed Event, filed. (Entered: 01/25/2008)
01/25/200846Sealed Event, filed. (Entered: 01/25/2008)
01/25/200847Sealed Event, filed. (Entered: 01/25/2008)
01/25/200848Sealed Event, filed. (Entered: 01/25/2008)
01/30/200849 MOTION for Leave to File Reply Memorandum Exceeding Page Limit by Victim Filers as to BP Products North America Inc., filed. (Attachments: # 1 Proposed Order)(Mallett, Edward) (Entered: 01/30/2008)
01/30/200850 MOTION for Paul G. Cassell to Appear Pro Hac Vice by Victim Filers as to BP Products North America Inc., filed. (Mallett, Edward) (Entered: 01/30/2008)
01/31/200851 RESPONSE by Victim Filers as to BP Products North America Inc., filed. (Attachments: # 10 Exhibit)(Mallett, Edward) (Entered: 01/31/2008)
01/31/200852ORDER granting 49 Motion for Leave to File Reply Memorandum as to BP Products North America Inc. (1).(Signed by Judge Lee H Rosenthal.) Parties notified.(ypippin, ) (Entered: 01/31/2008)
01/31/2008  Attorney update in case as to BP Products North America Inc.. Attorney Paul G Cassell, Esq for Victim Filers added. (ypippin, ) (Entered: 01/31/2008)
01/31/200853ORDER granting 50 Motion to Appear Pro Hac Vice as to BP Products North America Inc. (1).(Signed by Judge Lee H Rosenthal.) Parties notified.(ypippin, ) (Entered: 01/31/2008)
02/01/200854 RESPONSE by USA as to BP Products North America Inc., filed. (Attachments: # 2 Exhibit)(McIntyre, Stephen) (Entered: 02/01/2008)
02/02/200855 RESPONSE by Victim Filers as to BP Products North America Inc., filed.(Mallett, Edward) (Entered: 02/02/2008)
02/04/200856Corrected RESPONSE by Victim Filers as to BP Products North America Inc., filed.(Mallett, Edward) (Entered: 02/04/2008)
02/04/200857 Minute entry for hearing on plea and plea agreement on 2/4/2008 before Judge Lee H. Rosenthal. The defendant entered a plea of guilty to the information, after waiving indictment. The court heard statements from individuals under the Crime Victims Rights Act and heard arguments from counsel for such individuals, for the United States, and for the defendant. Counsel for the victims will submit a brief of no more than 8 pages on specified issues by February 11, 2008, and the government and BP will each submit a response of no more than 5 pages each by February 18, 2008. Notice to be issued for next hearing setting.Appearances:Mark McIntyre/Abe Martinez/David Joyce/Daniel Dooher-AUSA, Carol Dinkins/George Wilkinson/James Nolan/Kevin Gaynor/Mark Holscher/Jeff Sinnett and Keith Casey (Corp. Representative) for Deft. BP, and Paul Cassell/Michael Holley/Edward Mallett/Sherry Chandler/Arthur Gonzales/Tommy Gillespie/Tony Buzbee/Brent Coon for Movant Victim Filers. (Court Reporter: K. Metzger) (Interpreter:No), filed.(leddins, ) (Entered: 02/05/2008)
02/04/200859WAIVER OF INDICTMENT by BP Products North America Inc., filed.(ypippin, ) (Entered: 02/06/2008)
02/04/200860EXHIBIT LIST And EXHIBIT by Victim Filers as to BP Products North America Inc., filed. (ypippin, ) (Entered: 02/06/2008)
02/05/200858 MOTION Victims' Motion for Decision on Their CVRA Motion by Victim Filers as to BP Products North America Inc., filed. (Attachments: # 1 Proposed Order)(Mallett, Edward) (Entered: 02/05/2008)
02/07/200861 MOTION for Extension of Time to File Victims' Brief by Victim Filers as to BP Products North America Inc., filed. (Attachments: # 2 Exhibit)(Mallett, Edward) (Entered: 02/07/2008)
02/07/200862ORDER granting 61 Motion for Extension of Time to File Victim's Brief as to BP Products North America Inc. (1).(Signed by Judge Lee H Rosenthal.) Parties notified.(sbyrum, ) (Entered: 02/08/2008)
02/08/200863 RESPONSE by USA as to BP Products North America Inc., filed.(McIntyre, Stephen) (Entered: 02/08/2008)
02/12/200864ORDER entered as to BP Products North America Inc. The victims motion for a decision is now fully briefed. The court is working to issue a ruling in compliance with the statutory provision that a decision be issued forthwith". ( Signed by Judge Lee H Rosenthal ) Parties notified. (leddins, ) (Entered: 02/12/2008)
02/12/200865 RESPONSE by Victim Filers as to BP Products North America Inc. Victims' Reply to Government Response to Victims' Motion Filed Pursuant to the CVRA, filed.(Mallett, Edward) (Entered: 02/12/2008)
02/13/200866TRANSCRIPT as to BP Products North America Inc. re: Hearing held on 2/4/08 before Judge Lee H. Rosenthal. Court Reporter: K. Metzger. Transcript is available for viewing in the office of the clerk, filed.(kmetzger, ) (Entered: 02/13/2008)
02/13/200867ORDER entered as to BP Products North America Inc. The day after this court assumed that the issue of the asserted violations of the CVRA was fully briefed the victims and the government having both filed briefs in addition to those requested and allowed at the February 4, 2008 hearing the victims filed a 15-page reply that raised additional arguments. The government may file a surreply. This issue will then be fully addressed and no further briefs should be submitted. ( Signed by Judge Lee H Rosenthal ) Parties notified. (leddins, ) (Entered: 02/13/2008)
02/14/200868Supplement by Victim Filers as to BP Products North America Inc. Supplemental Letter to Victims' Reply to Government Response to Victim's Motion Filed Pursuant to the CVRA, filed.(Mallett, Edward) (Entered: 02/14/2008)
02/16/200869 BRIEF by Victim Filers as to BP Products North America Inc. Victims' Brief, filed. (Attachments: # 2 Exhibit)(Mallett, Edward) (Entered: 02/16/2008)
02/19/200870 RESPONSE to Motion by USA as to BP Products North America Inc. re 2)(McIntyre, Stephen) (Entered: 02/19/2008)
02/19/200871 RESPONSE by Victim Filers as to BP Products North America Inc. Response to Government's Surreply, filed.(Mallett, Edward) (Entered: 02/19/2008)
02/21/200872MEMORANDUM AND ORDER entered. The asserted CVRA violations are not in themselves a basis for rejecting the plea agreement between BP Products and the government. The government is ordered to disclose any other ex parte contacts concerning the CVRA. The other grounds asserted for rejecting the plea agreement will be addressed in a separate memorandum and opinion after the briefing is concluded.( Signed by Judge Lee H Rosenthal ) Parties notified. (leddins, ) (Entered: 02/21/2008)
02/25/200873 Crime Victims' Status Letter to Judge Rosenthal as to BP Products North America Inc., filed.(Mallett, Edward) (Entered: 02/25/2008)
02/25/200874Supplemental BRIEF by BP Products North America Inc. Ordered by the Court on the Definition of Loss and the Causation Standard Under the Alternative Fines Act, filed.(Wilkinson, George) (Entered: 02/25/2008)
02/25/200875 BRIEF by USA as to BP Products North America Inc., filed. (Attachments: # 2 Exhibit)(McIntyre, Stephen) (Entered: 02/25/2008)
02/27/200876 LETTER MOTION Opposing Victims Request to Extend Time for Ruling on Mandamus by USA as to BP Products North America Inc., filed. (McIntyre, Stephen) (Entered: 02/27/2008)
03/04/200877NOTICE TO ALL COUNSEL OF RECORD: as to BP Products North America Inc. Professor Beloof of the Lewis & Clark Law School has requested my permission to file an amicus curaie brief in the 5th Circuit in support of the victims position in that case. I have no position on his request and defer to the Fifth Circuit.( Signed by Judge Lee H Rosenthal ) Parties notified. (leddins, ) (Entered: 03/04/2008)
05/09/200878 Letter to Judge Rosenthal as to BP Products North America Inc., filed.(Mallett, Edward) (Entered: 05/09/2008)
05/14/200879Per Curium of USCA for the Fifth Circuit (certified copy) as to BP Products North America Inc. dated 5/7/08; USCA No. 08-20125. The petition for writ of mandamus, to the extent that it has not already been granted in part, is DENIED,filed.(jbradford, ) (Entered: 05/14/2008)
05/16/200880OBJECTION by BP Products North America Inc. re 78 Document by Victims' Counsel Requesting Indefinite Stay of Proceedings, filed.(Wilkinson, George) (Entered: 05/16/2008)
05/19/200881 RESPONSE by Victim Filers as to BP Products North America Inc. Victims' Response to BP Products' Opposition, filed.(Mallett, Edward) (Entered: 05/19/2008)
06/12/200882 Letter to Judge Rosenthal as to BP Products North America Inc., filed.(Mallett, Edward) (Entered: 06/12/2008)
07/07/200883ORDER entered as to BP Products North America Inc. The hearing will address the submission of additional or updated information for the court to consider in determining whether to accept the guilty plea. Hearing set for 7/16/2008 at 10:00 AM before Judge Lee H Rosenthal(Signed by Judge Lee H Rosenthal) Parties notified. (leddins, ) (Entered: 07/07/2008)
07/16/200891 Minute entry for hearing on 7/16/2008 before Judge Lee. H. Rosenthal. The victims will submit a report on BPs compliance with the OSHA settlement agreement and the TCEQ agreed order by July 25, 2008. BP and the United States will respond by August 1, 2008; The victims must file any reply by August 8, 2008. The victims will submit information as to the pecuniary losses of 50 victims as discussed on the record by August 15, 2008. BP and the United States will respond by September 12, 2008. A hearing will be held on October 7, 2008, at 9:00 a.m. Notice will be issued. Appearances:Abe Martinez/Mark McIntyre/Daniel Doher-AUSA., Carol Dinkins/Kevin Gaynor/Mark Holscher/ Corp Rep Patrick King and In House Counsel Jim Nolan for Deft. BP, and Paul Cassell (by phone)/Edward Mallett/Joseph Gourrier for Victim Filers. (Court Reporter: M. Malone) (Interpreter:No), filed.(leddins, ) (Entered: 07/31/2008)
07/18/200884TRANSCRIPT as to BP Products North America Inc. re: Hearing held on July 16, 2008 before Judge Lee H Rosenthal.Court Reporter/Transcriber Mayra Malone. Release of Transcript Restriction set for 10/16/2008., filed. (mmalone, ) (Entered: 07/18/2008)
07/21/200885Notice of Filing of Official Transcript as to 84 Transcript. Party notified, filed. (dhansen, ) (Entered: 07/21/2008)
07/24/200886Unopposed MOTION for Extension of Time to File Expert Report by Victim Filers as to BP Products North America Inc., filed. (Attachments: # 1 Proposed Order)(Mallett, Edward) (Entered: 07/24/2008)
07/25/200887Unopposed MOTION to Amend Extend Date for Filing Expert Report by Victim Filers as to BP Products North America Inc., filed. (Attachments: # 1 Proposed Order)(Mallett, Edward) (Entered: 07/25/2008)
07/25/200888ORDER granting 87 Motion to Amend as to BP Products North America Inc. (1). Expert Report due 7/28/08. Replies due 8/11/08. Responses due 8/15/08.(Signed by Judge Lee H Rosenthal.) Parties notified.(ypippin, ) (Entered: 07/28/2008)
07/28/200889NOTICE of Filing of Expert Report by Victim Filers as to BP Products North America Inc., filed. (Attachments: # 3 Settlement Agreement)(Mallett, Edward) (Entered: 07/28/2008)
07/28/200890Victims Notice of Filing to BP Products North America Inc. re 1 Cont'd)(ltrevino, ) (Entered: 07/30/2008)
07/31/200892NOTICE OF SETTING as to BP Products North America Inc.. Miscellaneous Hearing set for 10/7/2008 at 09:00 AM at Courtroom 11B before Judge Lee H Rosenthal, filed. (leddins, ) (Entered: 07/31/2008)
08/11/200893Agreed MOTION for Extension of Time to File Response to Expert Report by USA as to BP Products North America Inc., filed. (McIntyre, Stephen) (Entered: 08/11/2008)
08/11/200894 BRIEF by BP Products North America Inc. on Compliance with the OSHA Settlement Agreement and TCEQ Agreed Order, filed. (Attachments: # 67 Exhibit 37)(Wilkinson, George) (Entered: 08/11/2008)
08/11/200895ORDER granting 93 Motion for Extension of Time to File Response to Victims' Expert Report as to BP Products North America Inc. (1).(Signed by Judge Lee H Rosenthal.) Parties notified.(sbyrum, ) (Entered: 08/12/2008)
08/13/200896 RESPONSE by USA as to BP Products North America Inc., filed. (Attachments: # 13 Exhibit)(McIntyre, Stephen) (Entered: 08/13/2008)
08/14/200897 MOTION for Extension of Time to File Victims' Proof of Loss Submission and Mike Sawyer's Reply to Responses by Victim Filers as to BP Products North America Inc., filed. (Attachments: # 1 Proposed Order)(Mallett, Edward) (Entered: 08/14/2008)
08/15/200898 Certificate of Conference as to BP Products North America Inc., filed.(Mallett, Edward) (Entered: 08/15/2008)
08/15/200899 RESPONSE by USA as to BP Products North America Inc. letter with attachment, filed. (Attachments: # 1 Exhibit)(McIntyre, Stephen) (Entered: 08/15/2008)
08/18/2008102ORDER granting 97 Motion for Extension of Time to File Victim's Proof of Loss Submission is due 8/19/08, Reply and Response due 8/22/08 as to BP Products North America Inc. (1).(Signed by Judge Lee H Rosenthal.) Parties notified.(ypippin, ) (Entered: 08/19/2008)
08/19/2008100NOTICE of Submission by Victim Filers as to BP Products North America Inc., filed. (Attachments: # 1 Exhibit 1, Names Redacted)(Mallett, Edward) (Entered: 08/19/2008)
08/19/2008101Sealed Event, filed. (With attachments) (Entered: 08/19/2008)
08/22/2008103 RESPONSE by Victim Filers as to BP Products North America Inc. Response to Submissions Regarding September 2005 BP-OSHA Settlement Agreement, filed. (Attachments: # 13 Exhibit 13)(Mallett, Edward) (Entered: 08/22/2008)
09/17/2008104Sealed Event, filed. (With attachments) Modified on 10/7/2008 (leddins, ). GOVERNMENT'S RESPONSE TO VICTIMS' SUBMISSION REGARDING PECUNIARY LOSS. Main document and exhibits 2-4 UNSEALED BY ORDER NO. 113, entered on 10/6/08. Exhibit 1 remains under seal. Modified on 10/7/2008 (leddins, ). (Entered: 09/17/2008)
09/17/2008105PLEA AGREEMENT Related Letter to Hon. Judge Rosenthal Re: Live Testimony at October 7, 2008 Hearing as to BP Products North America Inc., filed. (Wilkinson, George) (Entered: 09/17/2008)
09/19/2008106 Letter to Hon. Judge Rosenthal as to BP Products North America Inc., filed.(Wilkinson, George) (Entered: 09/19/2008)
09/19/2008107Sealed Event, filed. (With attachments) Modified on 10/7/2008 (leddins, ). BP'S RESPONSE TO VICTIMS PROOF OF LOSS SUBMISSION is UNSEALED by ORDER NO. 112 entered on 10/6/08. Only the main document is unsealed. All remaining attachments remain under seal. (Entered: 09/19/2008)
09/26/2008108Sealed Event, filed. (Entered: 09/26/2008)
09/26/2008109Unopposed MOTION to Unseal Document 1 Proposed Order)(Wilkinson, George) (Entered: 09/26/2008)
09/30/2008110NOTICE of Advisory of Unreported BP Violations of Federal PSM Regulations by Victim Filers as to BP Products North America Inc., filed. (Attachments: # 1 Exhibit Attachment 1 - News Report)(Perry, David) (Entered: 09/30/2008)
10/02/2008111 LETTER MOTION Settlement Agreement Letter to Judge Rosenthal by USA as to BP Products North America Inc., filed. (McIntyre, Stephen) (Entered: 10/02/2008)
10/06/2008112ORDER as to BP Products North America Inc. GRANTING 107 Sealed Event. BP Products' Reply to Victims Proof of Loss Submission (BUT NOT THE ATTACHMENTS) is UNSEALED..(Signed by Judge Lee H Rosenthal) Parties notified. (jdav, ) (Entered: 10/06/2008)
10/06/2008113ORDER The Government's response to victims' submission regarding pecuniary loss and Exhibits 2-4 are UNSEALED..(Signed by Judge Lee H Rosenthal) Parties notified. (jdav, ) (Entered: 10/06/2008)
10/07/2008115 Minute entry for hearing on plea and plea agreement before Judge Lee H. Rosenthal on 10/07/2008. The court heard from counsel for the government, BP, and the victims on BP's compliance with the OSHA settlement agreement and the TCEQ agreed order. The court also heard from counsel for the government, BP, and the victims on information submitted by the victims on losses, in response to the court's request for detailed loss information for up to fifty victims, to be chosen by counsel for the victims. One victim who had addressed the court at an earlier hearing made another statement to the court. Counsel for the victims will submit a final brief on asserted CVRA violations, within two weeks, and within 10 pages. The government and BP will have an additional two weeks to respond Appearances: Abe Martinez/Mark McIntyre/Dan Doher-AUSA, Carol Dinkins/Kevin Gaynor/ Mark Holscher/Jeffrey Sineck James Nolan and BP Representative Keith Casey for Deft. BP, Paul Cassell(by phone), Edward A Mallett/David Perry/Art Gonzales/Brent Coons for the Victim Movants.(Court Reporter: J. Sanchez), filed.(leddins, ) (Entered: 10/16/2008)
10/10/2008114 LETTER MOTION LetterofFatality by USA as to BP Products North America Inc., filed. (McIntyre, Stephen) (Entered: 10/10/2008)
10/17/2008116AO 435 TRANSCRIPT ORDER FORM by S Mark McIntyre. This is to order a transcript of Pretrial Proceeding held on 10/7/08 before Judge Lee H Rosenthal (Original). Court Reporter/Transcriber: J Sanchez, filed. (smurdock, ) (Entered: 10/17/2008)
10/21/2008117 Victims' Brief as to BP Products North America Inc., filed.(Mallett, Edward) (Entered: 10/21/2008)
11/04/2008118 RESPONSE by BP Products North America Inc. re 117 Document, filed.(Wilkinson, George) (Entered: 11/04/2008)
11/04/2008119 RESPONSE by USA as to BP Products North America Inc., filed. (Attachments: # 1 Exhibit Letter)(McIntyre, Stephen) (Entered: 11/04/2008)
11/05/2008  Attorney update in case as to BP Products North America Inc.. Attorney Daniel W. Dooher for USA added. (leddins, ) (Entered: 11/05/2008)
01/06/2009120TRANSCRIPT as to BP Products North America Inc. re: Hearing on Plea Agreement held on October 7, 2008 before Judge Lee H Rosenthal.Court Reporter/Transcriber Johnny Sanchez. Release of Transcript Restriction set for 4/6/2009., filed. (jsanchez, ) (Entered: 01/06/2009)
01/07/2009121Notice of Filing of Official Transcript as to 120 Transcript. Party notified, filed. (dclark, ) (Entered: 01/07/2009)
02/19/2009122Statement by USA as to BP Products North America Inc. Letter of Judge Rosenthal Re: Consent decree, filed.(McIntyre, Stephen) (Entered: 02/19/2009)
02/19/2009123ORDER entered as to BP Products North America Inc. Plea/Sentencing Hearing set for 3/12/2009 at 02:00 PM in Courtroom 11B before Judge Lee H Rosenthal.(Signed by Judge Lee H Rosenthal) Parties notified. (leddins, ) (Entered: 02/19/2009)
03/12/2009124 Minute Entry for proceedings held before Judge Lee H Rosenthal: Plea/Sentencing Hearing held on 3/12/2009 for BP Products North America Inc., as to Count 1: The court accepts the plea and plea agreement for reasons stated in it's memorandum and order to be issued immediately following this hearing. The motion to waive the PSI is granted, as stated on the record. Case immediately proceeds to sentencing. Terms of the Sentence are: Probation for a term of THREE (3) years, Fine of FIFTY (50) Million Dollars, which is payable immediately and due by 3/16/09, and Special Assessment of 400.00. Appearances:Mark McIntyre/Daniel Dooher-AUSA, Carol Dinkins/Mark Holscher/Keith Casey, Corp. Rep/James Nolan for Deft. BP and David Perry/Brent Coon for Movant Victim Filers. (M. Ott for US Probation)(Court Reporter: K. Metzger), filed.(leddins, ) (Entered: 03/12/2009)
03/12/2009125MEMORANDUM AND ORDER entered as to BP Products North America Inc. This court accepts the plea agreement. (Signed by Judge Lee H Rosenthal) Parties notified. (leddins, ) (Entered: 03/12/2009)
03/12/2009126PLEA AGREEMENT as to BP Products North America Inc., filed. (sbyrum, ) (Additional attachment(s) added on 5/22/2009: # 2 exhibits, part 2 of 2) (jdav, ). (Entered: 03/12/2009)
03/13/2009127JUDGMENT as to BP Products North America Inc..(Signed by Judge Lee H Rosenthal) Parties notified. (sjones, ) (Entered: 03/18/2009)
03/13/2009128Statement of Reasons (Sealed) as to BP Products North America Inc., filed. (Entered: 03/18/2009)
03/16/2009  FINE payment received for BP Products North America Inc. paid by BP Corp North America, receipt number 599896 for $50,000,000.00, filed. (agould, ) (Entered: 03/17/2009)
03/26/2009129TRANSCRIPT as to BP Products North America Inc. re: Sentencing held on 3/12/09 before Judge Lee H Rosenthal.Court Reporter: K. Metzger. Release of Transcript Restriction set for 6/24/2009., filed. (kmetzger, ) (Entered: 03/26/2009)
03/27/2009130Notice of Filing of Official Transcript as to 129 Transcript. Party notified, filed. (mmapps, ) (Entered: 03/27/2009)
05/11/2009131SATISFACTION OF JUDGMENT by USA as to BP Products North America Inc., filed.(Karpati, Elizabeth) (Entered: 05/11/2009)
05/21/2009132 MOTION to Amend Supplement Records by USA as to BP Products North America Inc., filed. (Attachments: # 5 Exhibit Exhibit)(McIntyre, Stephen) (Entered: 05/21/2009)
05/21/2009133ORDER granting 132 Motion to Amend as to BP Products North America Inc. (1).(Signed by Judge Lee H Rosenthal.) Parties notified.(jdav, ) Modified on 5/22/2009 (jdav, ). (Entered: 05/22/2009)
09/08/2010134 as to BP Products North America Inc., filed.(McIntyre, Stephen) (Entered: 09/08/2010)
09/10/2010135 as to BP Products North America Inc., filed. (Attachments: # 13 Exhibit)(McIntyre, Stephen) (Entered: 09/10/2010)
09/10/2010136 Letter to Judge Rosenthal as to BP Products North America Inc., filed.(Wilkinson, George) (Entered: 09/10/2010)