United States District Court, E.D. Louisiana
In Re Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010 This Document Relates To No. 19-00023, Eddie Brown
Global Safety Medics, LLC, et al.
ORDER & REASONS
the Court is the Modern Group, Ltd. and Tiger Rentals, LLC
d/b/a Tiger Safety's (sometimes collectively referred to
as “Tiger”) Motion for Disposition of Claim.
(Rec. Doc. 25197). The motion concerns member No. 19-00023,
an action by Eddie Brown against Tiger and another entity,
Global Safety Medics, LLC, for personal injuries he allegedly
sustained from exposure to oil-related chemicals while
employed as a cleanup worker during the response to the
Deepwater Horizon/Macondo Well oil spill. (Petition ¶
III, No. 19-00023, Rec. Doc. 1-2). This case was originally
filed in Louisiana state court, then removed to the Western
District of Louisiana and subsequently transferred to this
Court where it was consolidated with Multidisrict Litigation
No. 2179. While the case was pending in the Western District,
Tiger filed a motion for summary judgment on the basis of res
judicata or claim preclusion. (No. 19-00023, Rec. Doc. 10).
Tiger's instant motion requests information on the
disposition of Eddie Brown's claims so that it may
further support its res judicata/claim preclusion defense.
The Court grants this motion and provides the following
information regarding Brown's claims.
January 11, 2013, the Court entered an Order and Judgment
(Rec. Doc. 8218) granting final approval to the Medical
Benefits Class Action Settlement (“Medical Settlement,
” Rec. Doc. 6427) and confirmed certification of the
Medical Benefits Settlement Class (“Medical
Class”). Pursuant to the Order and Judgment and the
Medical Settlement, class members who did not timely opt out
of the Medical Class are deemed to have released and are
barred from pursuing in litigation all “Released
Claims” against any “Release Parties, ” as
those terms are defined under the Medical Settlement. (Order
& Judgment ¶¶ 11-19, Rec. Doc. 8218; Medical
Settlement § XVI, Rec. Doc. 6427).
appears from the allegations in Brown's petition that he
is a member of the Medical Class (specifically, a
“Clean-Up Worker”), and Brown's name does not
appear among the list of valid opt-outs. (See Rec.
Doc. 7989). Furthermore, Brown's petition alleges
“Released Claims, ” and defendants The Modern
Group, Ltd. and Tiger Rentals, Ltd. d/b/a Tiger Safety are
“Released Parties.” Indeed, the Court has
inquired with the Claims Administrator for the Medical
Settlement who informs that Eddie Brown (born April 15, 1965)
submitted a claim for a Specified Physical Condition to the
Medical Settlement, the Claims Administrator determined Brown
was a member of the Medical Class, and the Claims
Administrator deemed Brown eligible for payment at the A2
level. (See Exhibit 1 to this Order, Explanation of
Payment for Eddie Brown, and Exhibit 2 to this Order, Eddie
Brown's Proof of Claim Form). Accordingly, it appears
that Brown's claims against The Modern Group, Ltd., Tiger
Rentals, Ltd. d/b/a Tiger Safety are barred by the Medical
Settlement's class-wide release.
petition also alleges claims against Global Safety Medics,
LLC (“Global”). Global is not explicitly
identified as a “Released Party” in the Medical
Settlement. (Medical Settlement, Exhibit 6, Rec. Doc.
6427-8). The Court will assume for the time being that Global
Safety Medics, LLC is not a “Released Party, ”
although this might not be the case. Nevertheless, even if
Brown's claims against Global are not precluded by the
Medical Settlement's class-wide release, such claims were
dismissed by the “PTO 63 Compliance Order.” (Rec.
April 20, 2012, Brown filed a short form joinder in this
Court that asserted chemical exposure claims and specifically
identified Global as his employer. (No. 10-8888, Rec. Doc.
118604). Such claims are in the B3 pleading
bundle. On February 22, 2017, the Court issued
Pretrial Order No. 63 (“PTO 63”), which required
that all plaintiffs who had timely filed a claim in the B3
pleading bundle and who had not released their claims to file
an individual lawsuit and complete, serve, and file the Sworn
Statement attached to PTO 63. (Rec. Doc. 22295). PTO 63
warned that plaintiffs who failed to timely comply with PTO
63 would have their B3 claims dismissed with prejudice
without further notice. (Rec. Doc. 22295 at 4). On July 18,
2017, the Court issued the PTO 63 Compliance Order, which
identified 960 plaintiffs that complied with PTO 63. (Rec.
Doc. 23047). The PTO 63 Compliance Order dismissed with
prejudice the B3 claims of those plaintiffs who did not
comply PTO 63. (Rec. Doc. 23047 at 2). Brown did not comply
with PTO 63, consequently, his claim against Global was
dismissed by the PTO 63 Compliance Order (assuming that claim
was not already released by the Medical
IT IS ORDERED that Tiger's Motion for Disposition of
Claim (Rec. Doc. 25197) is GRANTED as set forth above.
FURTHER ORDERED that all claims by Eddie Brown asserted in
No. 19-00023 are DISMISSED WITH PREJUDICE for the reasons set
 “Rec. Doc.” citations are
to the MDL master docket, No. 10-md-2179, unless otherwise
 As explained below, however, it
appears this petition is not the first time Brown has
attempted to bring these claims.
 Copies of the Order and Judgment and
the Medical Settlement can also be found on the Court's
MDL 2179 website,
 It is possible, for example, that
Global is an “Affiliate” of a “Released
Party.” (See Medical Settlement §
(II)(MMMM), Rec. Doc. 6427-1). Global has not appeared in
this matter, so the Court hesitates to say whether ...