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									         Case 3:10-cv-00368-CRS Document 1               Filed 05/19/10 Page 1 of 12



                             UNITED STATES DISTRICT COURT
                            WESTERN DISTRICT OF KENTUCKY
                                    LOUISVILLE DIVISION
                                                                 Case No. 3:10-cv-368-S
LARRY O’BRYAN, STEPHEN E. ERNST
and SHARON ERNST LIVING TRUST,
individually and on behalf of and all others similarly situated,           PLAINTIFFS


v.


BP, PLC, BP PRODUCTS NORTH
AMERICA, INC., BP AMERICA, INC.,
TRANSOCEAN, LTD., TRANSOCEAN
OFFSHORE DEEPWATER DRILLING,
INC., TRANSOCEAN DEEPWATER,
INC., HALLIBURTON ENERGY
SERVICES, INC., AND CAMERON
INTERNATIONAL CORPORATION
f/k/a COOPER CAMERON
CORPORATION                                                                      DEFENDANTS


                               CLASS ACTION COMPLAINT

       Plaintiffs, Larry O’Bryan, Stephen E. Ernst and Sharon Ernst Living Trust ("Plaintiffs"),

individually, and as representatives of the class defined herein (the "Class"), bring this action

against the defendants identified below ("Defendants"), and avers as follows:

                                       INTRODUCTION

       1.      This is a class action, brought pursuant to Rule 23 of the Federal Rules of

Civil Procedure, to recover all damages suffered by Plaintiffs and the Class Members as a result

of the oil spill that resulted from the explosion, fire, and subsequent sinking of the oil rig

Deepwater Horizon (hereinafter "Deepwater Horizon" or "Oil Rig") on April 20, 2010, at about

10:00 p.m. central time on the outer Continental Shelf, off the Louisiana coast, including but not

limited to lost rental income and diminished property values.
         Case 3:10-cv-00368-CRS Document 1               Filed 05/19/10 Page 2 of 12



       2.      Following the sinking of the Oil Rig, between 5,000-100,000 barrels per day of

crude oil have been leaking from three distinct leaks from the oil well upon which the Deepwater

Horizon was performing completion operations, and from the pipe connected to it (drill stack).

       3.      The fast-moving oil slick is extending towards the Louisiana, Mississippi,

Alabama, Florida and Texas coasts and has already caused detrimental affects upon the Gulf of

Mexico's and the marine environments, coastal environments, coastal shores, and estuarine

environments ("environments") of several of these states and is expanding, which are used by

Plaintiffs and the Class Members for different activities, including but not limited to real estate

rentals and sales, coastal use and enjoyment, etc.

                                            PARTIES

       4.      Plaintiff, Larry O’Bryan, is a citizen of Kentucky who resides within this district.

Plaintiff owns real estate on the coastal shore on the Gulf of Mexico and in the Coastal Zone and

rents his properties to visitors and tourists seeking pristine beaches, clean waters, fishing, and

clean environment, as a result of the events described above and below, he has suffered damages

and anticipates suffering damages that are more fully described below.

       5.      Plaintiffs Stephen E. Ernst and Sharon Ernst Living Trust are citizens of

Kentucky and reside within this district. Plaintiffs own real estate on the coastal shore on the

Gulf of Mexico and in the Coastal Zone and rents his properties to visitors and tourists seeking

pristine beaches, clean waters, fishing, and clean environment, as a result of the events described

above and below, he has suffered damages and anticipates suffering damages that are more fully

described below.

       6.      Defendants herein are:

       (a) BP, PLC ("BP"), a foreign corporation doing business in the State of Florida;
            Case 3:10-cv-00368-CRS Document 1               Filed 05/19/10 Page 3 of 12



        (b) BP Products North America, Inc. ("BP Products") a foreign corporation doing

business in the State of Florida;

        (c) BP America, Inc. ("BP America"), a foreign corporation doing business in the State of

Florida;

        (d) Transocean, Ltd., ("Transocean, Ltd.") a foreign corporation doing business in the

State of Florida;

        (e) Transocean Offshore Deepwater Drilling, Inc. ("Transocean Offshore"), a foreign

corporation doing business in the State of Florida;

        (f) Transocean Deepwater, Inc. ("Transocean Deepwater"), a foreign corporation doing

business in the State of Florida;

           (g) Halliburton Energy Services, Inc. ("Halliburton"), a foreign corporation doing

business in the State of Florida; and

        (h) Cameron International Corporation f/k/a Cooper-Cameron Corporation ("Cameron"),

a foreign corporation doing business in the State of Florida.

                                    JURISDICTION AND VENUE

        7.       This Court has jurisdiction over this class action pursuant to (1) 28 U.S.C. §

1332(d)(2), because the matter in controversy exceeds the sum or value of $5,000,000, exclusive

of interest and costs, and it is a class action brought by citizens of a State that is different from

the State where at least one of the Defendants is incorporated or does business; (2) 28 U.S.C. §

1331, because the claims asserted herein arise under the laws of the United States of America,

including the laws of the States of Florida, Texas, Louisiana, Mississippi, and Alabama, which

have been declared, pursuant to 43 U.S.C. §§ 1331 and 1333(a)(2), to be the law of the United

States for that portion of the outer Continental Shelf from which the oil spill originated; and (3)
          Case 3:10-cv-00368-CRS Document 1                Filed 05/19/10 Page 4 of 12



43 U.S.C. § 1331(1), which extends exclusive Federal jurisdiction to the outer Continental Shelf.

        8.       Prosecution of this action in this district is proper under 28 U.S.C. § 1391(a)(2)

because all significant events or omissions giving rise to the claims asserted herein occurred in

this district or a related district.

                                       FACTUAL ALLEGATIONS

        9.       Transocean, Ltd., Transocean Offshore and Transocean Deepwater (collectively

"Transocean") are the owners and/or operators of the Deepwater Horizon, a semi-submersible

mobile drilling rig, which was performing completion operations for BP, BP Products and BP

America on the outer Continental Shelf, at the site from which the oil spill now originates, on

April 20, 2010.

        10.      BP, BP Products and BP America (collectively "BP") are the holders of a lease

granted by the Minerals Management Service that allows BP to drill for oil and perform oil-

production-related operations at the site of the and oil spill, and on April 20, 2010 operated the

oil well that is the source of the oil spill.

        11.      Upon information and belief, Cameron manufactured and/or supplied the

Deepwater Horizon's blow-out-preventers ("BOPs") that failed to operate upon the explosion,

which should have prevented the oil spill. The BOP's were defective because they failed to

operate as intended. As such, Cameron is liable to Plaintiffs and the Class Members pursuant to

the Florida Products Laws in addition to being liable for its negligence.

        12.      Halliburton was engaged in cementing operations of the well and well cap and,

upon information and belief, improperly and negligently performed these duties, increasing the

pressure at the well and contributing to the fire, explosion and resulting oil spill.

        11.      At all times material hereto, the Deepwater Horizon was owned, manned,
         Case 3:10-cv-00368-CRS Document 1               Filed 05/19/10 Page 5 of 12



possessed, managed, controlled, chartered and/or operated by Transocean and/or BP.

       13.     The fire and explosion on the Deepwater Horizon, its sinking and the resulting oil

spill were caused by the negligence of Defendants, which renders them liable jointly, severally

and in-solido to Plaintiffs and the Class Members for all their damages.

       14.     The injuries and damages suffered by Plaintiffs and the Class Members were

caused by Defendants' violations of numerous statutes and regulations, including, but not limited

to, statutes and regulations issued by OSHA and the United States Coast Guard, including the

requirement to test the sub-sea BOP's at regular intervals.

       15.     Defendants knew of the dangers associated with deep water drilling and failed to

take appropriate measures to prevent damage to Plaintiffs, the Class Members, Florida's and the

Gulf of Mexico's marine and coastal environments and estuarine areas, and the Coastal Zone,

where Plaintiffs and the Class Members live, work and earn a living.

       16.     The spilled oil would not simply evaporate off of the surface of the water and is

causing dangerous environmental contamination of the Gulf of Mexico and its shorelines,

threatening Florida's sensitive wetlands and estuarine areas.

       17.     The oil spill and the contamination have caused and will continue to cause loss of

revenue to persons (and businesses) who are being prevented from using the Gulf of Mexico and

Florida's Coastal Zone for diverse activities, including work and to earn a living.

       18.     There are many other potential affects from the oil spill that have not yet become

known, and Plaintiffs reserve the right to amend this Complaint once additional information

becomes available.

                                     CLASS DEFINITION

       19.     Plaintiffs bring this action on behalf of themselves and all others similarly
         Case 3:10-cv-00368-CRS Document 1                Filed 05/19/10 Page 6 of 12



situated, who are members of the following Class: All Kentucky residents who live or work in,

or derive income from, the Florida "Coastal Zone," as that term is defined in 43 U.S.C. §

1331(e), and who have sustained any legally cognizable loss and/or damages as a result of the

April 20, 2010 fire and explosion which occurred aboard the Deepwater Horizon drilling rig and

the oil spill resulting therefrom.

        20.     Excluded from the Class are:

        a. the officers and directors of any of the Defendants;

        b. any judge or judicial officer assigned to this matter and his or her immediate family;

and

        c. any legal representative, successor, or assign of any excluded persons or entities.

                                CLASS ACTION ALLEGATIONS

        21.     The proposed Class is so numerous that joinder is impractical. The disposition of

the claims asserted herein through this class action will be more efficient and will benefit the

parties and the Court.

        22.     There is a well-defined community of interest in that the questions of law and fact

common to the Class predominate over questions affecting only individual Class Members and

include, but are not limited to, the following:

        a. Whether Defendants caused and/or contributed to the fire, explosion and oil spill;

        b. Whether Defendants' actions were negligent;

        c. Whether the fire, explosion and oil spill have caused environmental or other damage;

and

        d. The amount of damages Plaintiffs and the Class Members should receive in

compensation.
         Case 3:10-cv-00368-CRS Document 1                Filed 05/19/10 Page 7 of 12



       23.     Plaintiffs and the Class Members have suffered similar harm as a result of

Defendants' actions.

       24.     Plaintiffs will fairly and adequately represent and protect the interests of the

members of the Class because his interests do not conflict with the interests of the Class

Members they seek to represent. Plaintiffs have no claims antagonistic to those of the Class.

Plaintiffs have retained counsel competent and experienced in complex class actions and

maritime and environmental litigation.

       25.     A class action is superior to other available methods for the fair and efficient

adjudication of this litigation since individual litigation of the claims of all Class Members is

impracticable. Even if every Class Member could afford individual litigation, the court system

could not. It would be unduly burdensome to this Court in which individual litigation of

thousands of cases would proceed. Individual litigation presents a potential for inconsistent or

contradictory judgments, and the prospect of a race for the courthouse and an inequitable

allocation of recovery among those with equally meritorious claims. Individual litigation

increases the expenses and delay to all parties and the court system in resolving the legal and

factual issues common to all claims related to the Defendants' conduct alleged herein. By

contrast, a class action presents far fewer management difficulties and provides the benefit of a

single adjudication, economies of scale, and comprehensive supervision by a single court.

       26.     The various claims asserted in the action are also certifiable under the provisions

of Rules 23 (b)(1) and/or 23 (b)(3) of the Federal Rules of Civil Procedure because:

       a.      The prosecution of separate actions by thousands of individual Class

Members would create a risk of inconsistent or varying adjudications with respect to individual

Class Members, thus establishing incompatible standards of conduct for Defendants;
           Case 3:10-cv-00368-CRS Document 1                 Filed 05/19/10 Page 8 of 12



          b.     The prosecution of separate actions by individual Class Members would also

create the risk of adjudications with respect to them that would, as a practical matter, be

dispositive of the interests of the other Class Members who are not parties to such adjudications

and would substantially impair or impede their ability to protect their interests; and

          c.     The questions of law or fact common to the Members of the Class predominate

over any questions affecting only individual Members, and that a class action is superior to other

available methods for the fair and efficient adjudication of the controversy.

                          FIRST CAUSE OF ACTION (NEGLIGENCE)

          27.    Plaintiffs, on behalf of themselves and the Class Members, repeat, reiterate, and

reallege each and every allegation set forth above with the same force and effect as if copied

herein.

          28.    The fire, explosion and resulting oil spill was caused by the concurrent negligence

of the Defendants.

          29.    Upon information and belief, Plaintiffs aver that the fire, explosion and resulting

oil spill was caused by the joint negligence and fault of the Defendants in the following non-

exclusive particulars:

          a. Failing to properly operate the Deepwater Horizon;

          b. Operating the Deepwater Horizon in such a manner that a fire and explosion occurred

onboard, causing it to sink and resulting in an oil spill;

          c. Failing to properly inspect the Deepwater Horizon to assure that its equipment and

personnel were fit for their intended purpose;

          d. Acting in a careless and negligent manner without due regard for the safety of others;

          e. Failing to promulgate, implement and enforce rules and regulations pertaining to the
            Case 3:10-cv-00368-CRS Document 1            Filed 05/19/10 Page 9 of 12



safe operations of the Deepwater Horizon which, if they had been so promulgated, implemented

and enforced, would have averted the fire, explosion, sinking and oil spill;

       f. Operating the Deepwater Horizon with untrained and unlicensed personnel;

       g. Inadequate and negligent training and hiring of personnel;

       h. Failing to take appropriate action to avoid or mitigate the accident;

       i. Negligent implementation of policies and procedures to safely conduct offshore

operations in the Gulf of Mexico;

       j. Employing untrained or poorly trained employees and failing to properly train their

employees;

       k. Failing to ascertain that the Deepwater Horizon and its equipment were free from

defects and/or in proper working order;

       1. Failure to timely warn;

       m. Failure to timely bring the oil release under control;

       n. Failure to provide appropriate accident prevent equipment;

       o. Failure to observe and read gauges that would have indicated excessive pressures in

the well;

       p. Failure to react to danger signs;

       q. Providing BOP's that did not work properly;

       r. Conducting well and well cap cementing operations improperly;

       s. Acting in a manner that justifies imposition of punitive damages; and

       t. Such other acts of negligence and omissions as will be shown at the trial of this matter;

all of which acts are in violation of the laws of Florida and Federal law applicable on the outer

Contineal Shelf.
         Case 3:10-cv-00368-CRS Document 1                Filed 05/19/10 Page 10 of 12



       30.       In addition, and in the alternative, the fire, explosion, sinking and resulting oil

spill were caused by defective equipment, including the BOP's, which were in the care, custody,

and control of Defendants and over which the Defendants had garde. Defendants knew or

should have known of these defects and Defendants are, therefore, liable for them.

       31.       The injuries to Plaintiffs and the Class Members were also caused by or

aggravated by the fact that Defendants failed to take necessary actions to mitigate the danger

associated with their operations.

       32.       In addition to the negligent actions described above, and in the alternative thereto,

the injuries and damages suffered by Plaintiffs and the Class Members were caused by the acts

and/or omissions of the Defendants that are beyond proof by the Plaintiffs and the Class

Members, but which were within the knowledge and control of the Defendants, there being no

other possible conclusion than that the fire, explosion, sinking and oil spill resulted from the

negligence of Defendants. Furthermore, the fire, explosion, sinking and the resulting oil spill

would not have occurred had the Defendants exercised the high degree of care imposed on them

and Plaintiffs, therefore, plead the doctrine of res ipsa loquitur.

       33.       Plaintiffs and the Class Members are entitled to a judgment finding Defendants

liable to Plaintiffs and the Class Members for damages suffered as a result of Defendants'

negligence and awarding Plaintiffs and the Class Members adequate compensation therefore in

amounts determined by the trier of fact.

                                  SECOND CAUSE OF ACTION
                                    (OIL POLLUTION ACT)

       34.       Plaintiffs, on behalf of themselves and the Class Members, repeat, reiterate, and

reallege each and every allegation set forth above with the same force and effect as if fully

copied herein.
        Case 3:10-cv-00368-CRS Document 1                   Filed 05/19/10 Page 11 of 12



       35.        The Oil Pollution Act imposes liability upon a "responsible party for a... facility

from which oil is discharged … into or upon navigable waters or adjoining shorelines" for the

"damages that result from such incident." 33 U.S.C. §2702.

       36.        Section 2702(b)(2)(C) provides for the recovery of"[d]amages for subsistence use

of natural resources, which shall be recoverable by any claimant who so uses natural resources

which have been injured, destroyed, or lost, without regard to the ownership or management of

the resources."

       37.        The Coast Guard has named BP as the responsible party. Therefore, BP is liable

pursuant to Section 2702 for all the damages that result from the oil spill.

       38.        As a result of the oil spill, Plaintiffs and the Class Members have not been able to

use natural resources (air and water, and potentially wetlands and other areas and spaces that

have and/or may become contaminated by the spilled oil) for their subsistence, and they are

entitled to recover from BP for such damages in amounts to be determined by the trier of fact.

       39.        Section 2702(b)(2)(E) provides for the recovery of "[d]amages equal to the loss of

profits or impairment of earning capacity due to the injury, destruction, or loss of real property,

personal property, or natural resources, which shall be recoverable by any claimant."

       40.        As a result of the oil spill, Plaintiffs and the Class Members have suffered the type

of damages that may be recovered pursuant to Section 2702(b)(2)(E), and they demand

compensation therefore from BP in amounts to be determined by the trier of fact.

                                       PRAYER FOR RELIEF

       WHEREFORE, Plaintiffs and the Class Members demand judgment against

Defendants, jointly, severally and in solido, as follows:

       a.         An order certifying the Class for the purpose of going forward with any one or all
               Case 3:10-cv-00368-CRS Document 1              Filed 05/19/10 Page 12 of 12



of the causes of action alleged herein; appointing Plaintiffs as Class Representatives; and

appointing undersigned counsel as counsel for the Class;

        b.         Economic and compensatory damages in amounts to be determined at trial, but

not less than the $5,000,000.00 required by the Class Action Fairness Act which establishes one

of this Court's bases of jurisdiction to hear this case;

        c.         Punitive damages;

        d.         Pre-judgment and post-judgment interest at the maximum rate allowable by law;

        e.         Attorney's fees and costs of litigation;

        f.         Such other and further relief available under all applicable state and federal laws

and any relief the Court deems just and appropriate; and

        g.         A trial by jury as to all Defendants.


	
  
	
      	
         	
     	
      	
      	
      Respectfully submitted,

                                                  BAHE COOK CANTLEY & JONES PLC
                                                  Lawrence L. Jones II
                                                  Jasper D. Ward



                                                  /s/ Lawrence L. Jones II
                                                  700 Kentucky Home Life Building
                                                  239 South Fifth Street
                                                  Louisville, Kentucky 40202
                                                  (502) 587-2002: Telephone
                                                  (502) 587-2006: Facsimile
                                                  Counsel for Plaintiffs
                                      Case 3:10-cv-00368-CRS Document 1-1
 OJS 44 (Rev. 11/04)                                                                         Filed
                                                                              CIVIL COVER SHEET 05/19/10 Page 1 of 2
                                                                                                       3:10-cv-368-S
 The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
 by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
 the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

 I. (a) PLAINTIFFS                                                                                              DEFENDANTS
Larry O'Bryan, Stephen E. Ernst and Sharon Ernst Living Trust,                                                  BP, PLC
individually, and on behalf of all others similarly situated.
    (b) County of Residence of First Listed Plaintiff Jefferson                                                 County of Residence of First Listed Defendant          DuPage, Illinois
                                (EXCEPT IN U.S. PLAINTIFF CASES)                                                                             (IN U.S. PLAINTIFF CASES ONLY)
                                                                                                                        NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
                                                                                                                               LAND INVOLVED.

  (c) Attorney’s (Firm Name, Address, and Telephone Number)                                                      Attorneys (If Known)
Lawrence L. Jones II, 239 South Fifth Street, Suite 700, Lou. Ky. 40202

 II. BASIS OF JURISDICTION                           (Place an “X” in One Box Only)                III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff
                                                                                                             (For Diversity Cases Only)                                    and One Box for Defendant)
 ’1       U.S. Government                 $
                                          ’   3 Federal Question                                                                       PTF     DEF                                        PTF      DEF
            Plaintiff                             (U.S. Government Not a Party)                         Citizen of This State          $ 1
                                                                                                                                       ’       ’ 1    Incorporated or Principal Place      ’ 4 ’4
                                                                                                                                                      of Business In This State

 ’2       U.S. Government                 ’ 4 Diversity                                                 Citizen of Another State      ’ 2       ’ 2   Incorporated and Principal Place     ’ 5      $
                                                                                                                                                                                                    ’   5
            Defendant                                                                                                                                    of Business In Another State
                                                   (Indicate Citizenship of Parties in Item III)
                                                                                                        Citizen or Subject of a       ’ 3       ’ 3   Foreign Nation                       ’ 6      ’ 6
                                                                                                          Foreign Country
 IV. NATURE OF SUIT                    (Place an “X” in One Box Only)
           CONTRACT                                            TORTS                                    FORFEITURE/PENALTY                       BANKRUPTCY                     OTHER STATUTES
 ’   110 Insurance                        PERSONAL INJURY                  PERSONAL INJURY              ’ 610 Agriculture                ’ 422 Appeal 28 USC 158         ’   400 State Reapportionment
 ’   120 Marine                       ’    310 Airplane                 ’ 362 Personal Injury -         ’ 620 Other Food & Drug          ’ 423 Withdrawal                ’   410 Antitrust
 ’   130 Miller Act                   ’    315 Airplane Product              Med. Malpractice           ’ 625 Drug Related Seizure              28 USC 157               ’   430 Banks and Banking
 ’   140 Negotiable Instrument                Liability                 ’ 365 Personal Injury -                of Property 21 USC 881                                    ’   450 Commerce
 ’   150 Recovery of Overpayment      ’    320 Assault, Libel &              Product Liability          ’   630 Liquor Laws                   PROPERTY RIGHTS            ’   460 Deportation
        & Enforcement of Judgment             Slander                   ’ 368 Asbestos Personal         ’   640 R.R. & Truck             ’ 820 Copyrights                ’   470 Racketeer Influenced and
 ’   151 Medicare Act                 ’    330 Federal Employers’            Injury Product             ’   650 Airline Regs.            ’ 830 Patent                           Corrupt Organizations
 ’   152 Recovery of Defaulted                Liability                      Liability                  ’   660 Occupational             ’ 840 Trademark                 ’   480 Consumer Credit
        Student Loans                 ’    340 Marine                    PERSONAL PROPERTY                     Safety/Health                                             ’   490 Cable/Sat TV
        (Excl. Veterans)              ’    345 Marine Product           ’ 370 Other Fraud               ’   690 Other                                                    ’   810 Selective Service
 ’   153 Recovery of Overpayment              Liability                 ’ 371 Truth in Lending                      LABOR                  SOCIAL SECURITY               ’   850 Securities/Commodities/
         of Veteran’s Benefits        ’    350 Motor Vehicle            ’ 380 Other Personal            ’   710 Fair Labor Standards     ’ 861 HIA (1395ff)                     Exchange
 ’   160 Stockholders’ Suits          ’    355 Motor Vehicle                 Property Damage                   Act                       ’ 862 Black Lung (923)          ’   875 Customer Challenge
 ’   190 Other Contract                       Product Liability         ’ 385 Property Damage           ’   720 Labor/Mgmt. Relations    ’ 863 DIWC/DIWW (405(g))               12 USC 3410
 ’   195 Contract Product Liability   ’    360 Other Personal                Product Liability          ’   730 Labor/Mgmt.Reporting     ’ 864 SSID Title XVI            ’
                                                                                                                                                                         $   890 Other Statutory Actions
 ’   196 Franchise                            Injury                                                           & Disclosure Act          ’ 865 RSI (405(g))              ’   891 Agricultural Acts
       REAL PROPERTY                        CIVIL RIGHTS                 PRISONER PETITIONS             ’   740 Railway Labor Act          FEDERAL TAX SUITS             ’   892 Economic Stabilization Act
 ’   210 Land Condemnation            ’    441 Voting                   ’ 510 Motions to Vacate         ’   790 Other Labor Litigation   ’ 870 Taxes (U.S. Plaintiff     ’   893 Environmental Matters
 ’   220 Foreclosure                  ’    442 Employment                      Sentence                 ’   791 Empl. Ret. Inc.               or Defendant)              ’   894 Energy Allocation Act
 ’   230 Rent Lease & Ejectment       ’    443 Housing/                     Habeas Corpus:                      Security Act             ’ 871 IRS—Third Party           ’   895 Freedom of Information
 ’   240 Torts to Land                        Accommodations            ’   530 General                                                       26 USC 7609                       Act
 ’   245 Tort Product Liability       ’    444 Welfare                  ’   535 Death Penalty                                                                            ’   900Appeal of Fee Determination
 $
 ’   290 All Other Real Property      ’    445 Amer. w/Disabilities -   ’   540 Mandamus & Other                                                                                Under Equal Access
                                              Employment                ’   550 Civil Rights                                                                                    to Justice
                                      ’    446 Amer. w/Disabilities -   ’   555 Prison Condition                                                                         ’   950 Constitutionality of
                                              Other                                                                                                                             State Statutes
                                      ’    440 Other Civil Rights

 V. ORIGIN                   (Place an “X” in One Box Only)                                                                                                                              Appeal to District
                                                                                                                   Transferred from                                                      Judge from
 ’
 $ 1      Original        ’ 2    Removed from                ’ 3Remanded from                      ’4
                                                                                             Reinstated or                ’ 5
                                                                                                                   another district    ’ 6 Multidistrict                       ’ 7       Magistrate
          Proceeding             State Court                    Appellate Court              Reopened              (specify)                  Litigation                                 Judgment
                                         Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
                                              28 USC 1332(d)(s), 28 USC 1331and 1333, 43 USC 1331, 33 USC 2702
 VI. CAUSE OF ACTION                          Brief description of cause:
                       Class action on behalf of Kentucky residents for losses related to BP Oil spill.
 VII. REQUESTED IN     ’ CHECK IF THIS IS A CLASS ACTION        DEMAND $                        CHECK YES only if demanded in complaint:
      COMPLAINT:          UNDER F.R.C.P. 23                                                     JURY DEMAND:         ’ Yes     ’ No
 VIII. RELATED CASE(S)
                        (See instructions):
       IF ANY                               JUDGE                                          DOCKET NUMBER

 DATE                                                                       SIGNATURE OF ATTORNEY OF RECORD
     05/19/2010                                                              /s/ Lawrence L. Jones II
 FOR OFFICE USE ONLY

     RECEIPT #                    AMOUNT                                      APPLYING IFP                                    JUDGE                          MAG. JUDGE
JS 44 Reverse (Rev. 11/04)
                             Case 3:10-cv-00368-CRS Document 1-1                                  Filed 05/19/10 Page 2 of 2

                      INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

                                                                  Authority For Civil Cover Sheet
   The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use
of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint
filed. The attorney filing a case should complete the form as follows:
I.       (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only
the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving
both name and title.
         (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time
of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases,
the county of residence of the “defendant” is the location of the tract of land involved.)
         (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section “(see attachment)”.
II.     Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one
of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the
Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box
1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the
different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
III.    Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section
for each principal party.
IV.     Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient
to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select
the most definitive.
V.       Origin. Place an “X” in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition
for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict
litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box
is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.
VI.    Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes
unless diversity.          Example:               U.S. Civil Statute: 47 USC 553
                                                  Brief Description: Unauthorized reception of cable service
VII.     Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers
and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
                       Case 3:10-cv-00368-CRS Document 1-2
                                       Print                                  Filed 05/19/10 Page 1 of 2
                                                                                  Clear
OAO 440 (Rev. 10/93) Summons in a Civil Action



                                        UNITED STATES DISTRICT COURT
                                                    Western   District of   Kentucky

     Larry O'Bryan, Stephen E. Ernst and Sharon
   Ernst Living Trust, individually and on behalf of all
                others similarly situated                                      SUMMONS IN A CIVIL CASE
                                  V.
                          BP, PLC, et al.
                                                                     CASE NUMBER:




                    TO: (Name and address of Defendant)
                     BP America, Inc.
                     CT Corporation System
                     306 West Main Street, Suite 512
                     Frankfort, Kentucky 40601


          YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF’S ATTORNEY (name and address)
                     Lawrence L. Jones II
                     Jasper D. Ward
                     Bahe Cook Cantley & Jones PLC
                     239 South Fifth Street, Suite 700
                     Louisville, Kentucky 40202




an answer to the complaint which is herewith served upon you, within              20           days after service of this
summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for
the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period
of time after service.




                                                                     05/19/2010
CLERK                                                                DATE



(By) DEPUTY CLERK

                                         Print                                   Clear
                         Case 3:10-cv-00368-CRS Document 1-2
                                    Print                                                       Filed 05/19/10 Page 2 of 2
                                                                                                    Clear
OAO 440 (Rev. 10/93) Summons in a Civil Action

                                                                   RETURN OF SERVICE
                                                                                        DATE
          Service of the Summons and complaint was made by me(1)
NAME OF SERVER (PRINT)                                                                  TITLE


    Check one box below to indicate appropriate method of service

          G Served personally upon the third-party defendant. Place where served:


          G Left copies thereof at the defendant’s dwelling house or usual place of abode with a person of suitable age and
            discretion then residing therein.
              Name of person with whom the summons and complaint were left:

          G Returned unexecuted:



          G Other (specify):



                                                             STATEMENT OF SERVICE FEES
TRAVEL                                                 SERVICES                                            TOTAL

                                                                DECLARATION OF SERVER

                    I declare under penalty of perjury under the laws of the United States of America that the foregoing information
           contained in the Return of Service and Statement of Service Fees is true and correct.


           Executed on
                                         Date                     Signature of Server




                                                                  Address of Server




(1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.



                                             Print                                                 Clear
                       Case 3:10-cv-00368-CRS Document 1-4
                                       Print                                  Filed 05/19/10 Page 1 of 2
                                                                                  Clear
OAO 440 (Rev. 10/93) Summons in a Civil Action



                                        UNITED STATES DISTRICT COURT
                                                    Western   District of   Kentucky

     Larry O'Bryan, Stephen E. Ernst and Sharon
   Ernst Living Trust, individually and on behalf of all
                others similarly situated                                      SUMMONS IN A CIVIL CASE
                                  V.
                          BP, PLC, et al.
                                                                     CASE NUMBER:




                    TO: (Name and address of Defendant)
                     BP America, Inc.
                     CT Corporation System
                     306 West Main Street, Suite 512
                     Frankfort, Kentucky 40601


          YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF’S ATTORNEY (name and address)
                     Lawrence L. Jones II
                     Jasper D. Ward
                     Bahe Cook Cantley & Jones PLC
                     239 South Fifth Street, Suite 700
                     Louisville, Kentucky 40202




an answer to the complaint which is herewith served upon you, within              20           days after service of this
summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for
the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period
of time after service.




                                                                     05/19/2010
CLERK                                                                DATE



(By) DEPUTY CLERK

                                         Print                                   Clear
                         Case 3:10-cv-00368-CRS Document 1-4
                                    Print                                                       Filed 05/19/10 Page 2 of 2
                                                                                                    Clear
OAO 440 (Rev. 10/93) Summons in a Civil Action

                                                                   RETURN OF SERVICE
                                                                                        DATE
          Service of the Summons and complaint was made by me(1)
NAME OF SERVER (PRINT)                                                                  TITLE


    Check one box below to indicate appropriate method of service

          G Served personally upon the third-party defendant. Place where served:


          G Left copies thereof at the defendant’s dwelling house or usual place of abode with a person of suitable age and
            discretion then residing therein.
              Name of person with whom the summons and complaint were left:

          G Returned unexecuted:



          G Other (specify):



                                                             STATEMENT OF SERVICE FEES
TRAVEL                                                 SERVICES                                            TOTAL

                                                                DECLARATION OF SERVER

                    I declare under penalty of perjury under the laws of the United States of America that the foregoing information
           contained in the Return of Service and Statement of Service Fees is true and correct.


           Executed on
                                         Date                     Signature of Server




                                                                  Address of Server




(1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.



                                             Print                                                 Clear
                       Case 3:10-cv-00368-CRS Document 1-3
                                       Print                                  Filed 05/19/10 Page 1 of 2
                                                                                  Clear
OAO 440 (Rev. 10/93) Summons in a Civil Action



                                        UNITED STATES DISTRICT COURT
                                                    Western   District of   Kentucky

     Larry O'Bryan, Stephen E. Ernst and Sharon
   Ernst Living Trust, individually and on behalf of all
                others similarly situated                                      SUMMONS IN A CIVIL CASE
                                  V.
                          BP, PLC, et al.
                                                                     CASE NUMBER:




                    TO: (Name and address of Defendant)
                     BP America, Inc.
                     CT Corporation System
                     306 West Main Street, Suite 512
                     Frankfort, Kentucky 40601


          YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF’S ATTORNEY (name and address)
                     Lawrence L. Jones II
                     Jasper D. Ward
                     Bahe Cook Cantley & Jones PLC
                     239 South Fifth Street, Suite 700
                     Louisville, Kentucky 40202




an answer to the complaint which is herewith served upon you, within              20           days after service of this
summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for
the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period
of time after service.




                                                                     05/19/2010
CLERK                                                                DATE



(By) DEPUTY CLERK

                                         Print                                   Clear
                         Case 3:10-cv-00368-CRS Document 1-3
                                    Print                                                       Filed 05/19/10 Page 2 of 2
                                                                                                    Clear
OAO 440 (Rev. 10/93) Summons in a Civil Action

                                                                   RETURN OF SERVICE
                                                                                        DATE
          Service of the Summons and complaint was made by me(1)
NAME OF SERVER (PRINT)                                                                  TITLE


    Check one box below to indicate appropriate method of service

          G Served personally upon the third-party defendant. Place where served:


          G Left copies thereof at the defendant’s dwelling house or usual place of abode with a person of suitable age and
            discretion then residing therein.
              Name of person with whom the summons and complaint were left:

          G Returned unexecuted:



          G Other (specify):



                                                             STATEMENT OF SERVICE FEES
TRAVEL                                                 SERVICES                                            TOTAL

                                                                DECLARATION OF SERVER

                    I declare under penalty of perjury under the laws of the United States of America that the foregoing information
           contained in the Return of Service and Statement of Service Fees is true and correct.


           Executed on
                                         Date                     Signature of Server




                                                                  Address of Server




(1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.



                                             Print                                                 Clear
                       Case 3:10-cv-00368-CRS Document 1-5
                                       Print                                  Filed 05/19/10 Page 1 of 2
                                                                                  Clear
OAO 440 (Rev. 10/93) Summons in a Civil Action



                                        UNITED STATES DISTRICT COURT
                                                    Western   District of   Kentucky

     Larry O'Bryan, Stephen E. Ernst and Sharon
   Ernst Living Trust, individually and on behalf of all
                others similarly situated                                      SUMMONS IN A CIVIL CASE
                                  V.
                          BP, PLC, et al.
                                                                     CASE NUMBER:




                    TO: (Name and address of Defendant)
                     BP America, Inc.
                     CT Corporation System
                     306 West Main Street, Suite 512
                     Frankfort, Kentucky 40601


          YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF’S ATTORNEY (name and address)
                     Lawrence L. Jones II
                     Jasper D. Ward
                     Bahe Cook Cantley & Jones PLC
                     239 South Fifth Street, Suite 700
                     Louisville, Kentucky 40202




an answer to the complaint which is herewith served upon you, within              20           days after service of this
summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for
the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period
of time after service.




                                                                     05/19/2010
CLERK                                                                DATE



(By) DEPUTY CLERK

                                         Print                                   Clear
                         Case 3:10-cv-00368-CRS Document 1-5
                                    Print                                                       Filed 05/19/10 Page 2 of 2
                                                                                                    Clear
OAO 440 (Rev. 10/93) Summons in a Civil Action

                                                                   RETURN OF SERVICE
                                                                                        DATE
          Service of the Summons and complaint was made by me(1)
NAME OF SERVER (PRINT)                                                                  TITLE


    Check one box below to indicate appropriate method of service

          G Served personally upon the third-party defendant. Place where served:


          G Left copies thereof at the defendant’s dwelling house or usual place of abode with a person of suitable age and
            discretion then residing therein.
              Name of person with whom the summons and complaint were left:

          G Returned unexecuted:



          G Other (specify):



                                                             STATEMENT OF SERVICE FEES
TRAVEL                                                 SERVICES                                            TOTAL

                                                                DECLARATION OF SERVER

                    I declare under penalty of perjury under the laws of the United States of America that the foregoing information
           contained in the Return of Service and Statement of Service Fees is true and correct.


           Executed on
                                         Date                     Signature of Server




                                                                  Address of Server




(1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.



                                             Print                                                 Clear
                       Case 3:10-cv-00368-CRS Document 1-6
                                       Print                                  Filed 05/19/10 Page 1 of 2
                                                                                  Clear
OAO 440 (Rev. 10/93) Summons in a Civil Action



                                        UNITED STATES DISTRICT COURT
                                                    Western   District of   Kentucky

     Larry O'Bryan, Stephen E. Ernst and Sharon
   Ernst Living Trust, individually and on behalf of all
                others similarly situated                                      SUMMONS IN A CIVIL CASE
                                  V.
                          BP, PLC, et al.
                                                                     CASE NUMBER:




                    TO: (Name and address of Defendant)
                     BP America, Inc.
                     CT Corporation System
                     306 West Main Street, Suite 512
                     Frankfort, Kentucky 40601


          YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF’S ATTORNEY (name and address)
                     Lawrence L. Jones II
                     Jasper D. Ward
                     Bahe Cook Cantley & Jones PLC
                     239 South Fifth Street, Suite 700
                     Louisville, Kentucky 40202




an answer to the complaint which is herewith served upon you, within              20           days after service of this
summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for
the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period
of time after service.




                                                                     05/19/2010
CLERK                                                                DATE



(By) DEPUTY CLERK

                                         Print                                   Clear
                         Case 3:10-cv-00368-CRS Document 1-6
                                    Print                                                       Filed 05/19/10 Page 2 of 2
                                                                                                    Clear
OAO 440 (Rev. 10/93) Summons in a Civil Action

                                                                   RETURN OF SERVICE
                                                                                        DATE
          Service of the Summons and complaint was made by me(1)
NAME OF SERVER (PRINT)                                                                  TITLE


    Check one box below to indicate appropriate method of service

          G Served personally upon the third-party defendant. Place where served:


          G Left copies thereof at the defendant’s dwelling house or usual place of abode with a person of suitable age and
            discretion then residing therein.
              Name of person with whom the summons and complaint were left:

          G Returned unexecuted:



          G Other (specify):



                                                             STATEMENT OF SERVICE FEES
TRAVEL                                                 SERVICES                                            TOTAL

                                                                DECLARATION OF SERVER

                    I declare under penalty of perjury under the laws of the United States of America that the foregoing information
           contained in the Return of Service and Statement of Service Fees is true and correct.


           Executed on
                                         Date                     Signature of Server




                                                                  Address of Server




(1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.



                                             Print                                                 Clear
                       Case 3:10-cv-00368-CRS Document 1-7
                                       Print                                  Filed 05/19/10 Page 1 of 2
                                                                                  Clear
OAO 440 (Rev. 10/93) Summons in a Civil Action



                                        UNITED STATES DISTRICT COURT
                                                    Western   District of   Kentucky

     Larry O'Bryan, Stephen E. Ernst and Sharon
   Ernst Living Trust, individually and on behalf of all
                others similarly situated                                      SUMMONS IN A CIVIL CASE
                                  V.
                          BP, PLC, et al.
                                                                     CASE NUMBER:




                    TO: (Name and address of Defendant)
                     BP America, Inc.
                     CT Corporation System
                     306 West Main Street, Suite 512
                     Frankfort, Kentucky 40601


          YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF’S ATTORNEY (name and address)
                     Lawrence L. Jones II
                     Jasper D. Ward
                     Bahe Cook Cantley & Jones PLC
                     239 South Fifth Street, Suite 700
                     Louisville, Kentucky 40202




an answer to the complaint which is herewith served upon you, within              20           days after service of this
summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for
the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period
of time after service.




                                                                     05/19/2010
CLERK                                                                DATE



(By) DEPUTY CLERK

                                         Print                                   Clear
                         Case 3:10-cv-00368-CRS Document 1-7
                                    Print                                                       Filed 05/19/10 Page 2 of 2
                                                                                                    Clear
OAO 440 (Rev. 10/93) Summons in a Civil Action

                                                                   RETURN OF SERVICE
                                                                                        DATE
          Service of the Summons and complaint was made by me(1)
NAME OF SERVER (PRINT)                                                                  TITLE


    Check one box below to indicate appropriate method of service

          G Served personally upon the third-party defendant. Place where served:


          G Left copies thereof at the defendant’s dwelling house or usual place of abode with a person of suitable age and
            discretion then residing therein.
              Name of person with whom the summons and complaint were left:

          G Returned unexecuted:



          G Other (specify):



                                                             STATEMENT OF SERVICE FEES
TRAVEL                                                 SERVICES                                            TOTAL

                                                                DECLARATION OF SERVER

                    I declare under penalty of perjury under the laws of the United States of America that the foregoing information
           contained in the Return of Service and Statement of Service Fees is true and correct.


           Executed on
                                         Date                     Signature of Server




                                                                  Address of Server




(1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.



                                             Print                                                 Clear
                       Case 3:10-cv-00368-CRS Document 1-8
                                       Print                                  Filed 05/19/10 Page 1 of 2
                                                                                  Clear
OAO 440 (Rev. 10/93) Summons in a Civil Action



                                        UNITED STATES DISTRICT COURT
                                                    Western   District of   Kentucky

     Larry O'Bryan, Stephen E. Ernst and Sharon
   Ernst Living Trust, individually and on behalf of all
                others similarly situated                                      SUMMONS IN A CIVIL CASE
                                  V.
                          BP, PLC, et al.
                                                                     CASE NUMBER:




                    TO: (Name and address of Defendant)
                     BP America, Inc.
                     CT Corporation System
                     306 West Main Street, Suite 512
                     Frankfort, Kentucky 40601


          YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF’S ATTORNEY (name and address)
                     Lawrence L. Jones II
                     Jasper D. Ward
                     Bahe Cook Cantley & Jones PLC
                     239 South Fifth Street, Suite 700
                     Louisville, Kentucky 40202




an answer to the complaint which is herewith served upon you, within              20           days after service of this
summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for
the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period
of time after service.




                                                                     05/19/2010
CLERK                                                                DATE



(By) DEPUTY CLERK

                                         Print                                   Clear
                         Case 3:10-cv-00368-CRS Document 1-8
                                    Print                                                       Filed 05/19/10 Page 2 of 2
                                                                                                    Clear
OAO 440 (Rev. 10/93) Summons in a Civil Action

                                                                   RETURN OF SERVICE
                                                                                        DATE
          Service of the Summons and complaint was made by me(1)
NAME OF SERVER (PRINT)                                                                  TITLE


    Check one box below to indicate appropriate method of service

          G Served personally upon the third-party defendant. Place where served:


          G Left copies thereof at the defendant’s dwelling house or usual place of abode with a person of suitable age and
            discretion then residing therein.
              Name of person with whom the summons and complaint were left:

          G Returned unexecuted:



          G Other (specify):



                                                             STATEMENT OF SERVICE FEES
TRAVEL                                                 SERVICES                                            TOTAL

                                                                DECLARATION OF SERVER

                    I declare under penalty of perjury under the laws of the United States of America that the foregoing information
           contained in the Return of Service and Statement of Service Fees is true and correct.


           Executed on
                                         Date                     Signature of Server




                                                                  Address of Server




(1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.



                                             Print                                                 Clear
                       Case 3:10-cv-00368-CRS Document 1-9
                                       Print                                  Filed 05/19/10 Page 1 of 2
                                                                                  Clear
OAO 440 (Rev. 10/93) Summons in a Civil Action



                                        UNITED STATES DISTRICT COURT
                                                    Western   District of   Kentucky

     Larry O'Bryan, Stephen E. Ernst and Sharon
   Ernst Living Trust, individually and on behalf of all
                others similarly situated                                      SUMMONS IN A CIVIL CASE
                                  V.
                          BP, PLC, et al.
                                                                     CASE NUMBER:




                    TO: (Name and address of Defendant)
                     BP America, Inc.
                     CT Corporation System
                     306 West Main Street, Suite 512
                     Frankfort, Kentucky 40601


          YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF’S ATTORNEY (name and address)
                     Lawrence L. Jones II
                     Jasper D. Ward
                     Bahe Cook Cantley & Jones PLC
                     239 South Fifth Street, Suite 700
                     Louisville, Kentucky 40202




an answer to the complaint which is herewith served upon you, within              20           days after service of this
summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for
the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period
of time after service.




                                                                     05/19/2010
CLERK                                                                DATE



(By) DEPUTY CLERK

                                         Print                                   Clear
                         Case 3:10-cv-00368-CRS Document 1-9
                                    Print                                                       Filed 05/19/10 Page 2 of 2
                                                                                                    Clear
OAO 440 (Rev. 10/93) Summons in a Civil Action

                                                                   RETURN OF SERVICE
                                                                                        DATE
          Service of the Summons and complaint was made by me(1)
NAME OF SERVER (PRINT)                                                                  TITLE


    Check one box below to indicate appropriate method of service

          G Served personally upon the third-party defendant. Place where served:


          G Left copies thereof at the defendant’s dwelling house or usual place of abode with a person of suitable age and
            discretion then residing therein.
              Name of person with whom the summons and complaint were left:

          G Returned unexecuted:



          G Other (specify):



                                                             STATEMENT OF SERVICE FEES
TRAVEL                                                 SERVICES                                            TOTAL

                                                                DECLARATION OF SERVER

                    I declare under penalty of perjury under the laws of the United States of America that the foregoing information
           contained in the Return of Service and Statement of Service Fees is true and correct.


           Executed on
                                         Date                     Signature of Server




                                                                  Address of Server




(1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.



                                             Print                                                 Clear

								
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