Court Documents
November 5, 2020
November 23, 2020
February 4, 2021
February 17, 2021
March 19, 2021
March 22, 2021
March 31, 2021
April 11, 2021
April 11, 2021
April 21, 2021
April 27, 2021
April 27, 2021
April 28, 2021
April 28, 2021
April 28, 2021
April 28, 2021
June 8, 2021
July 23, 2021
August 2, 2021
August 25, 2021
August 26, 2021
Donovan files civil RICO complaint in the USMDFL (Donovan v. Barbier, et al., 8:20-cv-02598).
The JPML files Conditional Transfer Order (CTO-140).
Donovan files Plaintiff’s Memorandum of Law in Support of Plaintiff’s Motion to Vacate CTO-140
The JPML issues a Transfer Order transferring Donovan v. Barbier, et al. to the Eastern District of Louisiana and, with the consent of that court, assigning the case to the Honorable Carl J. Barbier for coordinated or consolidated pretrial proceedings.
Donovan files Notice of Voluntary Dismissal.
Herman and Roy file a Motion for Sanctions and to Enjoin Further Frivolous Filings against Donovan.
Juneau files a Motion for Injunctive Relief and Consideration of Sanctions against Donovan.
Order – The Court issues a briefing schedule regarding two motions for sanctions filed against Brian J. Donovan.
Response in Opposition to Motion for Sanctions and to Enjoin Further Frivolous Filings by Herman and Roy
Response in Opposition to Motion for Injunctive Relief and Consideration of Sanctions by Juneau
Donovan files Motion for Clarification
Donovan files “Request for Oral Argument via Zoom”
The Court issues an Order (Rec. Doc. 27070) which finds “….not only is Donovan’s “sewer service” accusation groundless, Donovan knows it is groundless….Donovan’s accusations that Defendants engaged in ‘sewer service’ is meritless.”
Herman and Roy file their Reply in further support of their Motion for Sanctions and to Enjoin Further Frivolous Filings
Juneau files his Reply in support of his Motion for Injunctive Relief and Consideration of Sanctions
Donovan files his Second Motion for Clarification. The following issue requires clarification: Whether Herman and Roy, and Juneau engage in “sewer service” when the motions for sanctions served on Donovan by Herman and Roy, and Juneau using File & ServeXpress, and included in a “Daily E-Service Summary for LA US District Court Eastern District E-Service-Oil Spill” list from File and ServeXpress, are so well-disguised that Donovan would not have any reason to know that the motions for sanctions were filed against him.
Order – IT IS ORDERED that Donovan’s “Second Motion for Clarification” (Rec. Doc. 27074) is DENIED. IT IS FURTHER ORDERED that, until the Court rules on the pending motions for sanctions against Donovan (see Rec. Docs. 26999, 27003), Donovan is prohibited from filing any further documents or motions in MDL 2179 (or any case consolidated with MDL 2179) unless ordered or requested by the Court.
Order – the Court schedules a hearing on the motions for sanctions against Brian J. Donovan for Friday, July 23, 2021 at 9:30 a.m. This will be a live, in-person hearing. No party will be allowed to appear remotely.
Minute Entry – On this date, the Court conducts a hearing on two motions for sanctions against Brian J. Donovan. Parties may contact Jodi Simcox, Official Court Reporter (504-589-7780), to obtain a copy of the transcript.
Motion Hearing: Case called at 9:35 a.m.
ORDERED that the Motions for Sanctions (Rec. Docs. 26999, 27003) are GRANTED as to Movers’ request for both attorneys fees and a pre-suit injunction against Brian Donovan.
FURTHER ORDERED that Movers shall each file a motion for attorneys fees and costs within 21 days. Donovan may file a response within 14 days of the date each motion is filed.
FURTHER ORDERED that Brian Donovan or anyone acting on his behalf is ENJOINED from filing
any lawsuit in state or federal court against Stephen Herman, James Roy, Patrick Juneau, or any other
person or entity concerning or in any way related to the DEEPWATER HORIZON/Macondo Well casualty and oil spill that began on or around April 20, 2020 in the Gulf of Mexico or any of the claims processes arising from that incident, without first receiving express approval from this Court. The Court will issue in due course a written opinion containing its findings and conclusions. The hearing concluded at 10:58.
Order – IT IS ORDERED that Herman, Roy, and Juneau’s Motions for Sanctions (Rec.
Docs. 26999; 27003) are GRANTED.
IT IS FURTHER ORDERED that Brian J. Donovan or anyone acting on his behalf is ENJOINED from filing any lawsuit in state or federal court against Stephen J. Herman, James P. Roy, Patrick A. Juneau, or any other person or entity concerning or in any way related to the DEEPWATER HORIZON/Macondo Well casualty and oil spill that began on or around April 20, 2010 in the Gulf of Mexico or any of the claims processes arising from that incident, without first receiving express approval from this Court.
IT IS FURTHER ORDERED that Brian J. Donovan shall pay to Stephen J. Herman, James P. Roy, and Patrick A. Juneau the attorneys’ fees and costs each reasonably incurred as a result of defending against Donovan I, Donovan II, and Donovan III. Herman, Roy, and Juneau shall file motions regarding the amount of these fees and costs by no later than August 13, 2021. Donovan may file a response within 14 days of the date each motion is filed.
IT IS FURTHER ORDERED that Brian J. Donovan shall immediately provide a copy of this decision to the clients he represented in the Feinberg Actions (Nos. 11- 01987, 11-02533, 13-06014), and then supply the Court with proof of service within 14 days of the date this decision is entered in the MDL master docket.
IT IS FURTHER ORDERED that Brian J. Donovan shall immediately and conspicuously post this decision to his ChinAmerica Legal Advisors website and to any other websites or blogs that Donovan owns, operates, or maintains.
Donovan files his Response in Opposition to Motion to Fix Attorneys’ Fees by Herman and Roy
The Court issued an order setting the amount of attorney fees Donovan must pay as a sanction to Herman and Roy. Donovan does not contest either the number of hours submitted or the hourly fees requested by movers. Accordingly, the Court finds that the total amount requested by Herman & Roy – $86,154.70 – is reasonable and appropriate under the circumstances. Accordingly, IT IS ORDERED that Herman & Roy’s Motion to Fix Attorneys’ Fees (Rec. Doc. 27204) is GRANTED in full.
IT IS FURTHER ORDERED that Brian J. Donovan shall pay to Stephen J. Herman $71,180.50, plus interest running from the date this order is entered in the docket until paid, as calculated under 28 U.S.C. § 1961.
IT IS FURTHER ORDERED that Brian J. Donovan shall pay to James P. Roy $14,974.20, plus interest running from the date this order is entered in the docket until paid, as calculated under 28 U.S.C. § 1961.