This oil containment system replaces the boom or sea curtin. It corrals the oil and keeps the oil in place at the point of the oil spill allowing for the oil to be removed with skimmers and removed safely, not allowing any oil to reach the coastal shorelines. It will contain 100% of any marine oil spill. It greatly limits the number of fish and wildlife that are usually destroyed because of its design. The best part about this system is... That there are no bio-degradeable chemicals which are all carcinogens used. In short, my system works with the environment. Not against it.
The below surface was designed 10 years before the Deep Horizon disaster. It allows the oil to be funneled to the surface and contained and removed to a waiting tanker. While allowing the pipe inside the system to repaired or replace the pipe without allowing the oil to float free.
On June 7, 2010 Ron Johnson’s original lawsuit was filed against BP and the case was assigned to Magistrate Judge Elizabeth D. LaPorte. On June 14, 2010, Mr. J. Andrew Langan of Kirkland & Ellis LLP, representing BP, attempted to file a motion to have the case transferred to the Judicial Panel On Multi District Litigation, a motion that was denied.
On September 27, 2010, the U.S. Marshal’s Office mailed out the Summons and Complaint to BP via first class mail (thus receiving a return receipt). This Summons and Complaint was received by BP (accepted and signed for by BP’s mail service) at 6:43 a.m. on October 8, 2010.
Seven days later on October 25, Johnson requested a Status Conference regarding the Notification of Violation of Civil Procedure. This is because, Johnson claims, he was unaware that the Marshal’s Office had waited close to three months to send the Summons and Complaint. On October 29, Johnson received a Clerk’s Notice that Case Management (not a Status Conference) was set for November 10.
Although the Marshal’s Office had waited an excessive amount of time to mail the Summons and Complaint to BP, the firm did in fact receive the documents on October 8. Thus, BP, on November 1, was in official default because it had never answered the Summons and Complaint in the 9th Circuit Court where it had been filed.
On November 3, B.P.’s legal team hand delivered a letter to Magistrate Judge stating that “neither B.P. nor any of its affiliates had been served yet and are requesting a joint Case Management.” On November 10, Magistrate LaPorte, having not entered the status of Default herself nor by the Clerk, went ahead with the Case Management Conference. BP’s legal council was in attendance at this meeting.
At this meeting, B.P.’s legal team told the Court that “they had not received this Summons & Complaint, nor had their Firm or any B.P.’s affiliates received or had any knowledge of this complaint or Summons.
On November 15, Johnson received a letter from BP’s legal team informing him that BP had received the Summons and Complaint at B.P. Headquarters. The day after, the Clerk denied Johnson’s second request for entry of Default against BP because the Clerk states that “The Marshals had no proof of signature with tracking form.” Regardless, the Clerk entered the Process of Receipt Form without the copy of signature into the court record.
Even after Johnson provided further proof that BP had, indeed, received and signed for the document, Johnson's 3rd request for default entry was denied on December 9. In a telephone conversation between Johnson and the Clerk’s supervisor, Johnson was told by the Supervisor that the Clerk denied his request for Default entry because “he had a problem with entering default against BP and I should have the Court order this Entry.”
This Letter of Inquiry was not addressed to the Panel. Johnson was not seeking relief from this letter from the Panel. This letter was written by Johnson and addressed to the Clerk of Court, Attention Molly Dwyer, and marked Personal-Confidential.
This letter was written to inform the Clerk of all of the wrong-doings and actions by some of the Clerks in the Administrative Offices of the Court of Appeals for the Ninth Circuit.
This letter should have never been posted to my case file, or even viewed by the Panel. The Panel, should never have even addressed this letter. Johnson was not seeking relief in this letter of inquiry. Johnson states that there was no relief requested for the Panel to deny.