Alvarado v. BP Exploration & Production, Inc.

Docket: 19-30440

Opinion Date: February 9, 2021

Judge: Per Curiam

Areas of Law: Civil Procedure

In a case related to the Deepwater Horizon oil spill, four plaintiffs seek reversal of dismissals with prejudice for failure to comply with orders of the multidistrict litigation (MDL) judge to file particular information about their claims. Plaintiff Alvarado seeks reversal of his dismissal with prejudice for failure to timely opt out of the settlement class. The Fifth Circuit affirmed the district court's dismissals with prejudice of Plaintiffs Iames and Alvarado's claims where the record shows a clear record of delay by Iames, and the district court did not abuse its discretion in finding that Alvarado's failure to opt out was inexcusable. The court reversed and remanded the dismissals of Plaintiffs Dorgan, Gortney, and Valdivieso where plaintiffs ultimately complied with pretrial orders (PTO) 66. In this case, plaintiffs' claims were dismissed without a clear record of delay or contumacious conduct, and there are no existing aggravating factors counseling in favor of dismissal with prejudice.