Moore v. BP Expl & Prod

Summary

In the Deepwater Horizon MDL, the Fifth Circuit affirmed dismissal with prejudice of plaintiffs' personal-injury claims for failing to comply with Pretrial Order 68, which required detailed medical history information. The court held that the district court did not abuse its discretion because there was a clear record of delay—plaintiffs gave inconsistent, noncompliant responses over seven months despite extensions—and lesser sanctions (a show-cause order) had already failed to induce compliance. The opinion reiterates that in the MDL context, no aggravating factors are required for dismissal with prejudice; the two-pronged test of clear delay and inadequacy of lesser sanctions suffices.

Holdings

1. The district court did not abuse its discretion because there was a clear record of delay by plaintiffs and lesser sanctions would not serve the interests of justice.

Questions Presented

1. Whether the district court abused its discretion in dismissing the plaintiffs' claims with prejudice for failure to comply with PTO 68.

Disposition

affirmed