BEPCOLP v. SANTA FE MINERALS INC et al Complaint

8/7/2019 BEPCOLP v. SANTA FE MINERALS INC et al Complaint

http://slidepdf.com/reader/full/bepcolp-v-santa-fe-minerals-inc-et-al-complaint 1/12

Case 1:11-cv-00132-DDD-JDK Document 1 Filed 01/27/11 Page 1 of 12 PageID #: 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

ALEXANDRIA DIVISION

BEPCO, L.P.,

Plaintiff

VERSUS

SANTA FE MINERALS, INC.,

15375 MEMORIAL CORPORATION,

ENTITIES HOLDINGS, INC., GLOBAL

SANTA FE CORPORATION AND

TRANSOCEAN WORLDWIDE, INC.,

Defendants/Third-Party Plaintiffs

VERSUS

GE PROPERTY & CASUALTY

INSURANCE COMPANY;

AID INSURANCE COMPANY;

CENTRAL NATIONAL INSURANCE

COMPANY OF OMAHA;CONTINENTAL INSURANCE

COMPANY; EMPLOYERS MUTUAL

CASUAL TY COMPANY; FEDERAL

INSURANCE COMPANY; INSURANCE

CORPORATION OF NEW YORK;

INSURANCE COMPANY OF

NORTH AMERICA; INSURANCE

COMPANY OF THE STATE OF

PD.46873!2.!

CIVIL ACTION NO.

SECTION

JUDGE

MAGISTRATE JUDGE




PENNSYLVANIA; INTERNATIONAL

INSURANCE COMPANY; NATIONAL

UNION FIRE INS. COMPANY OF

PITTSBURGH, PA; OLD REPUBLIC

INSURANCE COMPANY;PENNSYL VANIA LUMBERMANS

MUTUAL INSURANCE COMPANY;

PROGRESSIVE CASUALTY

INSURANCE COMPANY; RANGER

INSURANCE COMPANY; STAR

INDEMNITY & LIABILITY CO.;

SAINT PAUL SURPLUS LINES

INSURANCE COMPANY;

STONEWALL INSURANCE

COMPANY; TWIN CITY FIREINSURANCE COMPANY;

UNITED STATES FIRE INSURANCE

COMPANY; CERTAIN

UNDERWRITERS AT LLOYD'S

LONDON AND THE LONDON

MARKET INSURERS,

Third-Party Defendants

NOTICE OF REMOVAL OF ICAROM, PLC, FORMERLY KNOWN AS INSURANCE

CORPORATION OF IRELAND, PURSUANT TO 28 U.S.c. §§1441(d) AND 1446

PLEASE TAKE NOTICE that third-party defendant, !carom pIc, formerly Imown as The

Insurance Corporation of Ireland ("!carom"), by and through its attorneys, hereby submits this

notice of removal of the state court action described below to the United States District Court for

the Western District of Louisiana, Alexandria Division, pursuant to 28 U.S.C. §§1441(d)

and 1446. In support of its notice of removal, Icarom states as follows:

PD.4687312.1 2




1.

an or about April 29, 2008, BEPCa, L.P. ("BEPCa") filed a Petition in the 12th Judicial

District Court for the Parish of Avoyelles, State of Louisiana, bearing Docket No. 2008-2006

entitled "BEPCO, L.P. v. Santa Fe Minerals, Inc., et al. ("the state court action"), against

Santa Fe Minerals, Inc. and "Certain Underwriters at Lloyd's, London and London Market

Companies." A First Supplemental and Amending Petition was filed by BEPCa in the state

court action on or about March 11, 2010 adding as defendants 15375 Memorial Corporation,

Entities Holdings, Inc., Global Santa Fe Corporation, Transocean Worldwide, Inc. (collectively

referred to hereinafter as "upstream parent companies") and several insurers. I A Second

Supplemental and Amending Petition was filed by BEPCa in the state court action on or about

December 15, 2010 adding only Argonaut Insurance Company as a defendant.

2.

In the state court action, plaintiff, BEPCa, alleges that defendants, Santa Fe

Minerals, Inc.; 15375 Memorial Corporation; Entities Holdings, Inc.; Global Santa Fe

Corporation; and Transocean Worldwide, Inc., and the defendant insurers, are responsible for

alleged impacts to property in Avoyelles Parish, Louisiana as a result of oil and gas activities on

that property.

Mentor Insurance Limited; Skandia Insurance Company Limited; Phoenix Assurance Company, Ltd.;

Polaris Assurance A/S; Hansa Marine (U.K.); Hansa Marine Ins. Co.(U.K.) Ltd. "T" Alc; Vesta (U.K.);

Vesta (U.K.) Ins. Co. Ltd. "T" A/c; Minster No.2 alc; Minster No.3 alc; Minster Insurance Company Ltd.

No.3 a/c; Minster Insurance Company Ltd.; Vesta, Bergen; Vesta Insurance Company Ltd.; Vesta Insurance

Company, Bergen; ContinentallMOAC U.K.; Northbrook Insurance Company; Insurance Company of

North America; Northern Maritime Insurance Company, Ltd.; United States Fire Insurance Company; Fireman's

Insurance Company of Newark, New Jersey, U.K. Branch; and First State Insurance Company.

PD.4687312.1 3




3.

On or about December 15, 2010, defendants in the state court action, Santa Fe Minerals,

Inc.; 15375 Memorial Corporation; Entities Holding, Inc.; Global Santa Fe Corporation; and

Transocean Worldwide, Inc., filed Cross-Claims against the defendant insurers, as well as

Third-Party Demands against a number of additional insurers, including Insurance Corporation

ofIreland.

4.

In the state court action, cross-plaintiffs, Santa Fe Minerals, Inc.; 15375 Memorial

Corporation; Global Santa Fe Corporation; and Transocean Worldwide, Inc., allege that the

defendant insurers, and the third-party defendant insurers including Insurance Corporation of

Ireland, should be held responsible to pay the cross-plaintiffs' defense costs in the state court

action and any damages which plaintiff BEPCO proves an entitlement to recover from Santa Fe

Minerals, Inc. and its upstream parent companies.

5.

Removal of this action, and this Court's jurisdiction, are expressly authorized and

conferred, respectively, by 28 U.S.C. §1441(d), which provides, in pertinent part: "[a]ny civil

action brought in a State against aforeign state as defined in section J603(a) of this title may be

removed by the foreign state to the district court of the United States for the district and division

embracing the place where such action is pending" (emphasis added).

6.

28 U.S.C. §1603(a) defines a "foreign state as, inter alia, "an agency or instrumentality

of a foreign state as defined in sub-section (b)." Subsection (b) of §1603, in turn, defines "an

PD.4687312.1 4




agency or instrumentality of a foreign state" as "an entity" that (l ) "is a separate legal person,

corporate or otherwise"; (2) "is an organ of a foreign state or political subdivision thereof, or a

majority of whose shares or other ownership interest is owned by a foreign state or political

subdivision thereof'; and (3) "is neither a citizen of a State of the United States ... nor created

under the laws of any third country." ld. §1603(b).

7.

On March 15, 1985, Icarom was acquired by the Republic of Ireland. Ownership of all

shares was transferred from Allied Irish Banks ("Allied")to

Sealuchais Arachais Teoranta

("SAT"), a new holding company formed by the Republic of Ireland to hold the shares of Icarom

in trust for the Irish Minister for Finance by high-ranking civil servants in the Irish Government.

In April 2008, SAT transferred all shares of Icarom directly to the Irish Minister for Finance.

8.

Icarom meets all of the criteria for a "foreign state" within the meanlllg of

28 U.S.C. § 1603(a). First, it is a corporation organized and existing under the laws of the

Republic of Ireland. Second, as discussed above, it is an agency or instrumentality of the

Republic of Ireland, an organ of the Republic of Ireland, and/or an entity whose majority shares

are owned by the Republic of Ireland. Third, Icarom is neither a citizen of the United States nor

created under the laws of any third country. Icarom is therefore a "foreign state" within the

meaning of28 U.S.C. §1603(a) and (b).

9.

As a "foreign state" against which a civil action has been brought, !carom may remove

the entire state court action to the United States District Court for the Western District of

PD.46873 12. I 5




Louisiana, Alexandria Division, pursuant to 28 U.S.C. §1441(d), without regard to the

citizenship of any other party, without regard to the amount in controversy, and without the

consentof

any other party,as

noneof

these thingsis

required for removal under

28 U.S.C. §1441(d).

10.

Icarom does not claim immunity from suit under 28 U.S.C. §§1605-07 or any

international agreement in connection with the matters giving rise to the state court action. This

Court, therefore, also has original jurisdiction of this action pursuant to 28 U.S.C. §1330(a).

11.Removal to the United States District Court for the Western District of Louisiana,

Alexandria Division, is proper under 28 U.S.C. §1441(d) because that district (and division)

includes Avoyelles Parish where the state court action is now pending.

12.This Notice of Removal is filed within thirty (30) days after !carom received a copy of

the Cross-Claims and Third-Party Demands that brought Icarom into the state court action as a

third-party defendant.

13.

Filed herewith as Exhibit "A" are copies of all processes, pleadings, and orders served on

third-party defendant, !carom, in this matter.

14.

Promptly after filing this Notice of Removal, written notice thereof will be given to all

parties, a copy of this Notice of Removal will be filed with the Clerk of the aforesaid state court

to effect removal of the state court action to this Honorable Court, as provided by law, and a

PD,4687312.1 6




copy of this Notice of Removal will also be sent to the Louisiana Third Circuit Court of Appeal

before which several writ applications emanating from the state court action are pending.

15.

Any further process, pleadings and orders will be provided pursuant to

28 U.S.C. §1446(a) and/or §1447(b) as this Honorable Court advises and directs.

16.

In accordance with Local Rule 3.1, attached hereto as Exhibit "Boo is a listing and brief

discussion of another action that includes a portion of the subject matter of the state court action.

17.

Icarom reserves the right to amend and/or supplement this Notice of Removal, as

necessary.

WHEREFORE, third-party defendant, Icarom, pIc, formerly known as Insurance

Corporation ofIreland, prays that this Notice of Removal be accepted as good and sufficient, and

that the aforesaid state court action be removed from state court into this Court for trial and

determination as provided by law, and that this Court enter such orders and issue such process as

may be proper to bring before it copies of all records and proceedings in said state court action

from said state court, and thereupon proceed with this civil action as if it had been commenced

originally in this Court.

PD.4687312.1 7




Respectfully submitted,

PHELPS DUNBAR LLP

BY: /s / Stephen P. Hall

Stephen P. Hall (Bar #1934)

Canal Place I365 Canal Street

Suite 2000

New Orleans, Louisiana 70130-6534

Telephone: 504-566-1311

Telecopier: 504-568-9130

Email: [email protected]

ATTORNEYS FOR THIRD-PARTY

DEFENDANT, ICAROM PLC, FORMERLY

KNOWN AS INSURANCE CORPORATION

OF IRELAND

CERTIFICATE OF SERVICE

I do hereby certify that I have on this 27th day of January, 2011, served a copy of the

foregoing Notice of Removal on cOlmse1 for all known parties to this proceeding bye-mail and

pre-paid first class U.S. mail, as follows:

PD,46873!2.!

Phillip A. Wittman, Esq.

William D. Treeby, Esq.

Daria Burgess Diaz, Esq.

Mary L. Dumestre, Esq.

Jackie M. McCreaTY, Esq.

Stone Pigman Walther Wittmann LLC

546 Carondelet Street

New Orleans, LA 70130-3588(counsel for Plaintiff, BEPCO, L.P.)

8




PDA687312.1

Richard S. Pabst, Esq.

Julie P. Silbert, Esq.

Kean, Miller, Hawthorne, D'Armond,

McCowan, & Jarmon, LLP

First Bank andTmst

Tower909 Poydras Street, Suite 1450

New Orleans, LA 70112

and

James P. Dare, Esq.

R. Benn Vincent, Esq.

Kean, Miller, Hawthorne, D'Armond,

McCowan, & Jarmon, LLP

P.O. Box 3513

18th Floor, One American Place

Baton Rouge, LA 70821

and

Rodney M. Rabalais, Esq.

Law Offices of Rodney M. Rabalais

122 East Market Street

P.O. Box 447

Marksville , LA 71351

(counsel for defendant, Santa Fe Minerals, Inc.)

J. Michael Parker, Esq.

Michael A. Crawford, Esq.

Edward D. Hughes, Esq.

Taylor, Porter, Brooks & Phillips LLP

8th Floor, Chase Tower South

451 Florida Street


(counsel for defendant, 15375 Memorial Corporation)

9

C




PD.4687312.1

Philip G. Eisenberg, Esq.

Locke Lord Bissell & Liddell, LLP

3400 JP Morgan Chase Tower

600 Travis Street

Houston, TX 77002

and

Orner F. Kuebel, III, Esq.

Jason M. Cerise, Esq.

Locke Lord Bissell & Liddell, LLP

60 I Poydras Street, Suite 2600


(counsel for defendants, Entities Holding, Inc., Global Santa Fe Corporation and

Transocean Worldwide, Inc.)

Stephen P. Hall, Esq.

Phelps Dunbar LLP

365 Canal Street

Suite 2000

New Orleans, LA 70130-6534

(counsel for defendants and cross-defendants "Certain Unidentified Underwriters

at Lloyd's, London" and "Certain London Market Insurance Companies")

Jay R. Sever, Esq.

Jonathan B. Womack, Esq.

Phelps Dunbar LLP

365 Canal Street

Suite 2000


(counsel for defendant and cross-defendant United States Fire Insurance

Company)

Ethan N. Penn, Esq.

Musgrave, McLachlan, & Penn, LLC

1515 Poydras Street, Suite 2380


(counsel for defendant and cross-defendant Northbrook Insurance Company)

10

C 1 11 00132 DDD JDK D t 1 Fil d 01/27/11 P 11 f 12 P ID # 11




PD.4687312.1

Gary M. Zwain, Esq.

Nicole M. Boyer, Esq.

Duplass, Zwain, Bourgeois, Pfister & Weinstein

Three Lakeway Center, Suite 2900

3838 North Causeway BoulevardMetairie, LA 70002

(counsel for defendant and cross-defendant First State Insurance Company and

third-party defendant Twin City Fire Insurance Company)

Winnstol D. Carter, Jr., Esq.

Morgan, Lewis & Bockius LLP1000 Louisiana Street, Suite 4000

Houston, TX 77002

and

Dawn S. Pittman, Esq.

Morgan, Lewis & Bockius LLPOne Market, Spear Street Tower

San Francisco, CA 94105

(counsel for cross-plaintiffs, Santa Fe Minerals, Inc., 15375 Memorial

Corporation, Entities Holdings, Inc., Global Santa Fe Corporation and

Transocean Worldwide, Inc.)

Elton F. Duncan, III, Esq.

Kelley A. Sevin, Esq.

Duncan, Courington & Rydberg



(counsel for third-party defendant Navigators Insurance Company)

Celeste D. Elliott, Esq.

Lugenbuhl, Wheaton, Peck, Rankin & Hubbard


New Or/eans, LA 70130

(counsel for third-party defendant St. Paul Surplus Lines Insurance Company)

William T. McCall, Esq.

Guillory & McCall L.L.C.

P.O. Drawer 1607 (70602)

901 Lakeshore Drive, Suite 1030

Lake Charles, LA 70601

(counsel for third-party defendant Insurance Company of North America)

11

Case 1:11 cv 00132 DDD JDK Document 1 Filed 01/27/11 Page 12 of 12 PageID #: 12




PD.4687312.1

John P. Wolf f III, Esq.

Keogh, Cox & Wilson, Ltd.

P.O. Box 1151 (70821)

701 Main Street


(counsel for third-party defendant Federal Insurance Company)

Erin F. Parkinson, Esq.

McGlinchey Stafford, PLLC

12th Floor, 601 Poydras Street (70130)

P.O. Box 60643

New Orleans, LA, 70160-0643

(counsel for third-party defendant Employers Mutual Casualty Company

Glenn G. Goodier, Esq.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre L.L.P.

201 st. Charles Avenue


(counsel for third-party defendants Continental Insurance Company and Harbor

Insurance Company)

Richard W. Bryan, Esq.

Jackson & Campbell, P.e.

One Lafayette Centre, 300 South Tower

1120 20th

Street, N.W.

Washington, DC 20036-3437

(counsel for third-party defendants AIU Insurance Company, Insurance

Company ofthe State of Pennsylvania, National Union Fire Ins. Company of

Pittsburgh, PA and New Hampshire Insurance Company)

Salvatore A. Pellegrino, Esq.

Clausen Miller PC

10 South LaSalle Street

Suite 1600

Chicago, IL 60603-1002

(counsel for third-party defendant Old Republic Insurance Company)

Richard A. Cozad, Esq.

McAlpine & Cozad

365 Canal Street, Suite 3180


(counsel for third-party defendant Houston Casualty Company)

/s /Stephen

P.Hall

Stephen P. Hall

12

Documents

BEPCOLP v. SANTA FE MINERALS INC et al Complaint