IN RE: CHEMICAL RELEA'SE '.

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AT BOGALUSA
NO. 73,341-C, ALL
PliG
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17 P!T! II n PARISH OF WASHINGTON
D;'. '" i, ,( ST{>.TE OF LOUISIANA
PLC MOTION AND ORDER l<-OR APPROVAL O'F
REIMBURSEMENT OF "HELD" COMMON BENEFIT EXPENSES
NOW INTO COURT, through undersigned counsel, comes thePIailltiffs' Liaison
Committee (PLC), which, for the reasons more fully set forth in the memorandum attached,
respectfllily moves the Court for an Order (also attached) approving for reimbursement to the
PLC cel'tain: "held" costs common benefit expenses herein.
Respectfully submitted:
02 Louisiana Avenue
Bogalusa, LA 70427
Telephone: 9851732-1760
Facsimile: 9851732-1757
PLAINTIFFS' LIAISON COUNSEL
CERTIFICATE &W SERVICE
[ hreby certify that a copy of the foregoing pleading has been served on all COW1Se! of
!
record l?Iacing same in the United States Mail, properly addressed and postage prepaid, the
j"t '
I of August, 2011. f'
J lles S. Farmer

IN RE: CHEMICAL RELEASE
AT BOGALUSA
NO. 73,341-C, ALL CASES
22ND JUDICIAL DISTlUCT COURT
P AlUSH OF WASHINGTON
STATE OF LOUISIANA
MEMORANDUM IN SUPPORT OF PLC MOTION
FOR APPROVAL OF REIMBURSEMENT
OF "HELD" COMMON BENEFIT EXPENSES
MAY IT PLEASE THE COURT:
On January 24, 2011, the PLC filed a motion and order for the submission of so-called
"held" comli10n benefit expenses in this matter, so that these expenses, subject to review and
recommendation by the Special Master, might be reimbursed out of settlement reserves to be
transferred to the CADA. That settlement reserve transfer now is proceeding pursuant to a
,
Consent Order entered by the Court on July 22, 2011.
Although litigation costs and class administration expenses were deducted and
reimbursed from the previous plaintifI class settlements with Vicksburg Chemical, Kansas City
Southern Railway, and Illinois Central Railroad, the amounts of these settlements - particularly
to the extent the available settlement funds were reduced by the aforementioned reserves - were
"
insufficient to address an entire category of litigation costs, namely, the "held" costs of common
benefit counseL The latter encompass expenses incurred in the areas of travel and lodging,
copying and fax charges, courier and delivery services, long distance telephone charges, etc.
Pursuant to the PLC's motion, the Court established a protocol whereby common benefit
counsel would submit to the Special Master for review such "held" costs, but also limiting same
to specified categories and establishing a deadline for the submission. The Court's Order to this
dfect, entered on Jalluary 28, 20 I 1, is made Attachment 1 for reference.
There is long precedent in class action practice for the separate treatment and
reimbursement of shared costs incurred by common benefit counsel in prosecuting a case and
collectively paid as incurred, as opposed to the type of commOn benefit costs now at issue, i.e.,
costs that are paid and "held" separately by common benefit counsel as incurred. As a recent
example. in the Multi-District Litigation proceeding in the Eastern District of Louisiana as a
result of the BP oil spill of April 20, 2010. the Honorahle Carl Barbier has entered Pretrial Order
No.9, which, at pages 4-5, defines andestablishes a protocol for record-keeping as to so-called
"shared costs" and "held costs." The peltinent excerpts from this Pretrial Order No.9 in the BP
Oil litigation (i.e., pp. I, 3-5) are made Attachment II for reference.
Since the submission of "held" costs under this Comt's protocol by Order of January 28,
2011, Special Master Pal Juneau has undeliaken and concluded his review; and it is the
understanding of the PLC that Mr. Juneau now is in a position to make a recommendation to the
Com1 regarding the reimbursement of these costs. The PLC is prepared to abide by the Special
Master's recommendation, and by this motion requests that the Court enter an Order approving
reimbursement to the extent recommended and suppOlted by the Special Master.
Accordingly, .the PLC asks that the Court enter the attached Order for the reimbursement
of "held" common benefit costs approved by the Special Master, to be deducted from those funds
transferred to the CADA as returned indemnity reserves held out of the plaintiffs' class
settlements with Vicksburg, KCS and ICR.
Respectfully submitted:
ouisiana Avenue
o alusa, LA 70427
Telephone: 9851732-1760
Facsimile: ~ 19851732-1757
PLAINTIFFS' LIAISON COUNSEL
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing pleading has been served on all counsel of
record by placing same in the United States Mail, properly addressed and postage prepaid, the
lit ~ a y of August, 2011 .
!NRE: CHEMICAL RELEASE
AT BOGALUSA
NO. 73,341-C, ALL CASES
10:73217$7
2ZND JUDICIAL DISTRICT COURT
PARISH OF WASHINGTON
STATE OFLOUISlANA
QRPER
Considering the foregoing motion.
IT ~ S ORDERED thnt any and all members ofllle PLC submit toPlaintif!i;'
Liaison C()unsel James S, 'Fanruor and PLC member Sondra Cheek no later than
Monday, MarchI, 2011, the totals of "held" common bellefit costs incurred in
the following categories, with the understanding that supporting records and
documents exist in the possession of submitting counsel to support the total
figures submitted for each category:
1. Long distance and telephone cbarges;
2. Courier and delivery cbarges (Federal Express, etc.);
3. Copying (both in-house and by outside vendor) charges;
4. Postage charges;
5. Faxchmges;
~ ~
6. Tmve! expenses {to include hotel accommodations. airfare and
meals}; and
7. Mileage expenses associated with road travel.
TIllSDONEllle $ dayof J.(hllU?1fr2011. !?)/t:?"eW: ,
Louisiana.
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SCANNED
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Case 2:10-md-02179-CJB-SS Document 508 Filed 10108/10 Page 1 of 14
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
IN RE: OIL SPILL by the OIL RIG
"DEEPWATER HORIZON" in tbe
GULF OF MEXICO, on
MDL NO. 2179
SECTIONJ
.APRIL 211, 2010
.This tlocnment relates to: JUDGE BARBIER
ALL ACTIONS MAG. JUDGE SHUSHAN
PRETRIAL ORDER NO.9
PlaintiffS' Counsel's Time and Expense Submissions
Reimbursement for costs andlor fees for services of all plaintiff s' counsel performing
functions in accordance with this order will be set at a time and in a manner established by th.e
Court after due notice to aU counsel and after a hearing. The following standards and
procedures are to be utilized by any counsel seeking fees andlor expense reimbursement.
J. General Standards
(l) All time and expenses submitted must be incurred only for work
authorized in advance by the Plaintiffs' Steering Committee ("PSC"),
through the Plaintiffs' Liaison Counselor Executive Committee. Prior
to the fOrmalio!). of the PSC, such work may only be authorized by
Plaintiffu' Liaison Counsel or the Court.
(2) These Time and Expense Guidelines are intended for all activities
performed and expenses incurred by co.unsel that relate to matters
common to all claimants in MDL 2179. Further, any claimants'
counsel that may at a later date, seek reimbursement or compensation
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Case 2:10-md-02'179-CJB-SS Document 508 Filed 10/08/10 Page 3 of 14
considered or should be submitted, unless the case is determined by
the Plaintiffs Steertng Committee or the Court to be a "common
benefit case" (e.g. ~ ' l e s t case" or "bellwether" case), and in such
circumstances shall be reported in a separate time submission.
(2) All time must be accurately and contemporaneously maintained. Time
shall be kept according to dlese guidelines and specifically in
accordance with the Litigation Task Detlnitions as outlined in Exhibit
"A". All counsel shall keep a daily record of their time spent in
connection with this litigation, indicating with specificity the hours,
location and particular activity (such as "conduct of deposition of
A.B."). The failure to maintain such records, .as wen as insufficienC""
description of tbe activity may result in a forfeiture of fees.
(3) All time for each finn shall be maintained in quarter-of-an-bour
increments, Time for "c0111mon benefit cases" (e.g. "bellwether" or
"test" cases) shall be submitted separately. Failure to do so may result
in time being disallowed.
(4) All time records shall be submitted to the PG website, either
electronically or manually. If submitted manually, it will be submitted
together with a summarization of the total of member finn time broken
down by eacb separate name of time keepe;- and Litigation Task
Definition the time spent during the preceding month and tbe
accumulated total of all time incurred by tbe finn during the paI1icuiar
reponing period, The summary rep0l1 is located 011 tlie PG website. If
submitted electronically (yia a "csv file"), the file must dctail the
timekeeper, the Litigation Task Definition, and the time spent.
(5) The summary report form shalt be certified by a senior partner each
month attesting to the aecuracy and correctness of the monthly
submission.
lII. Expense RepOiting
(1) Advanced costs will be deemed as either "Shared" or "Held,"
a. Shared Costs are costs that will be paid out of a separate
Plaintiffs' Steering Committee MDL 2179 Fund account to be
establisi;cd and administered by Plaintiffs' Liaison Counsel. in
accordance with Paragraph I (4), to be funded by all members
of the PSC and others as determined by the PSc.
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Case 2: 1 O-md-02179-CJ8-SS Document 508 Filed 10/08/10 Page 4 of 14
b. Held Costs are those that will be carried by each attorney in
MDL 2179 and reimbursed as and when detennined by the
Psc.
(2) Each member of the PSC and any others as set forth in section (l) above will
contribute to the Plaintiffs' Steering Committee MDL 2179 Fund at times and
in amounts sufficient tQ cover the administration of the MDL. The timing and
amount of each assessment will be determined by the PSc.
, IV. Shared Costs
(1) Shared Costs are costs incurred for the common benefit of the MDL as a'''''
whole. No individual client-related costs can be considered as Shared Costs,
unless the case is determined by the Plaintiffs Steering Committee or the Court
to be a "common benefit case" (e.g. "test case" or "bellwether" case), which,
in such circumstances, shall be noted in the expense submission. All costs of a
substantial nature that meet these requirements and fall under the following
categories shall be considered Shared Costs and quality to be submitted and
paid directly from the MDL account. All Shared Costs must be approved by
Plaintiffs' Liaison Counsel prior to being incurred and prior to payment.
Shared Costs include:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
1.
m.
n.
o.
Court, filing and service costs '
Deposition and court reporter costs
Document DepositoI)': creation, operation, staffing, equipment
and administration
Plaintiffs' Liaison Counsel administrative matters (e.g.,
expenses for equipment, technology, courier services, long
distance, . conference calls, telecopier, electronic
service,postage, meeting expenses, travel for administrative
matters, photocopy and printing, secretarial/temporary staff,
etc.)
PSC group administration matters such as meetings and
conference calls ~ ~
Legal and accountant fees
Expert witness and consultant fees and expenses
Printing, copying, coding, shipping, scanning (both in and out
of house or extraordinary firm cost)
Research by outside third party vendors/consultants/attorneys
Commo!jwitness expenses including travel
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Translation costs
Bank or financial Institution charges
Investigative services
Claims Administrator charges
Special Master charges.
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Case 2:10-md-02179-CJB-SS Document 508 Filed 10/08/10 Page 5 of 14
(2) Plaintiffs' Liaison Counsel shaH prepare and be responsible for
distributing to the appropJiate plaintiffs' counsel and the PSC reimbursement
procedures and the forms associated therewith. Request for payments should
include sufficient information to allow Plaintiffs' Liaison Counsel and tl1e
CPA to account properly for costs and to provide adequate detail to the Court.
All requesL, shall be subject to review and approval by Plaintiffs' Liaison
Counsel.
V. Held Costs
(l) Held are costs incum:d for the global benefit of the MDL. Held costS"'"
are those lhal do not fall into the above Shared Costs categories but are
incurred for the benefit of all plaintiffs in generaL No specific client-related
costs can be considered as Beld Costs, unless dJe case is determined by the
Plaintiffs Steering Committee or the Court to be a "common benefit case"
case
n
or case), which, under such shall be
reported in a separate expense submission. All costs of 11 substantial nature tbat
meet these requirements and raIl under the following categories shall be
considered Held Costs and qualify to be submitted for consideration by the
PSC and the Court for future reimbursement.
L
II.
IlL
IV.
V.
VI.
Telcfax charges '
Postage, shipping, courier. celtified mail
Printing and photocopying (in-house)
Computerized reseatch - Lexis/WestInw
Telephone -long distance (actual charges only)
Travel - pursuant to Travel Limitations set forth below, including
travel for altomey to attend depositions, court or legislative matters.
A. Airfare
R Reasonable ground transportation
C. Hotel
D. Reasonable meals and enteltainment
E. Reasonable otheriW'arlcing)
F. Car rcntaL cabs, etc.
O. Secretarial and clerical overtime
(2) Travel Limitations
Except in extraordinary circul11s,lances approved by Plaintiffs' Liaison Counselor the
PSc. all travel reimbursementshf'e subject to the following limitations;
(u) Airfare. Only the lowest-price available coach airfare at time of
booking (either at restricted coach rates .. or rdtes which allow the
reservation to be rebooked without sllrcharge. and other agency fees)
for a reasonable itinerary will be reimbursed. Notwithstanding the
foregoing, first class airfare shall.be allowed for crosS-COUl1lIy flights
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T
fN RE: CHEMICAL RELEASE
AT BOGALUSA
NO. 7J.341-C, ALL CASES
Considering the foregoing motion,
22ND JUDICIAL DISTRICT COURT
PARISH OF W ASHfNGTON
STATE OF LOUISIANA
ORDER
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IT IS ORDERED that the CADA reimburse ii'om the Louisiana plaintiff class share of
reserves transferred to the CADA pursuant to the Consent Order entered herein on July 22, 2011,
those "held" common benefit costs submitted by PLC members to the Special Master, and
approved by the Special Master, pursuant to the protocol for the submission and approval of
same following this COttl1'S Order of January 28, 2011.
THIS DONE the __ day of _______ " 2011, Franklinton,
Louisiana.
JUDGE