No. 18-59

Eduardo Pineiro Perez, et al. v. BP, P.L.C., et al.

Lower Court: Fifth Circuit
Docketed: 2018-07-11
Status: Denied
Type: Paid
Response Waived
Tags: class-action class-action-rule-23 district-court-dismissal docket-management federal-civil-procedure federal-rules-of-civil-procedure multi-district-litigation multi-plaintiff multi-plaintiff-lawsuits procedural-rights rule-23 shady-grove shady-grove-v-allstate supreme-court
Key Terms:
ClassAction
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Was the Court of Appeals' affirmance of the district court's dismissal with prejudice of the class action complaints contrary to the holding of this Court in Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., 559 U.S. 398, 398 — 399, 400, 401, 406 (2010)?

Question Presented (OCR Extract)

QUESTION PRESENTED Based on a case management and administrative order, PTO 60, which permitted only single plaintiff lawsuits, the district court dismissed with prejudice four (4) class action complaints filed by Petitioners stating that “these plaintiffs have not complied with PTO 60 because their complaints contain more than one plaintiff.” The Court of Appeals concluded that this Court’s opinion in Shady Grove Orthopedic Assocs., P.A. v. Allstate Ins. Co., 559 U.S. 393, 398 — 399, 400, 401, 406 (2010), did not prohibit a district court’s limiting or restricting a federal court plaintiffs “categorical” right “to pursue his claim as a class action.” The Court of Appeals concluded that Shady Grove does not prohibit “a district court’s ability to manage its docket by restricting the continued availability of a multi-plaintiff device, years into a complex MDL.” If a state legislature cannot pass a statute that limits the federal court plaintiffs “categorical” right to pursue a class action under Federal Rule of Civil Procedure 23, it is incongruous for the Court of Appeals to authorize a district court to do so through a “one plaintiff per lawsuit” docket management order, the purpose of which was “to assist the Court in streamlining the remaining claims and to facilitate the administration of this MDL and the prosecution of the actions here ...” Was the Court of Appeals’ affirmance of the district court’s dismissal with prejudice of the class action complaints contrary to the holding of this Court in Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., 559 U.S. 398, 398 — 399, 400, 401, 406 (2010), where this Court stated that the ii federal class action rule, Fed. R. Civ. P. 23, “by its terms [ ] creates a categorical rule entitling a plaintiff whose suit meets the specified criteria to pursue his claim as a class action ... [the plaintiff] may bring his claim in a class action if he wishes ... Rule 23 automatically applies ‘in all civil actions and proceedings in the United States district courts’ ... [and] Rule 23 unambiguously authorizes any plaintiff, in any federal civil proceeding, to maintain a class action if the Rule’s prerequisites are met.”? (emphasis in original)

Docket Entries

2018-10-01
Petition DENIED.
2018-08-15
DISTRIBUTED for Conference of 9/24/2018.
2018-08-01
Waiver of right of respondents Halliburton Energy Services, Inc. and Sperry Drilling Services to respond filed.
2018-08-01
Waiver of right of respondents BP, P.L.C., et al. to respond filed.
2018-07-10
Petition for a writ of certiorari filed. (Response due August 10, 2018)

Attorneys

BP, P.L.C., et al.
Jeffrey Bossert ClarkKirkland & Ellis, Respondent
Jeffrey Bossert ClarkKirkland & Ellis, Respondent
Eduardo Pineiro Perez, et al.
Mitchell Andrew ToupsWeller, Green, et al., Petitioner
Mitchell Andrew ToupsWeller, Green, et al., Petitioner
Halliburton Energy Services, Inc. and Sperry Drilling Services
Robert Alan YorkReed Smith LLP, Respondent
Robert Alan YorkReed Smith LLP, Respondent