CLAIM SUMMARY / DETERMINATION FORM

Claim Number : N10036-1417

Claimant : ACES Tennis Foundation

Type of Claimant : Private (US)

Type of Claim : Loss of Profits and Earning Capacity

Amount Requested : $85,000.00

FACTS: 

On or about 20 April 2010, the Mobile Offshore Drilling Unit Deepwater Horizon (Deepwater 

Horizon) exploded and sank in the Gulf of Mexico. As a result of the explosion and sinking, oil 

was discharged. The Coast Guard designated the source of the discharge and identified BP as a

responsible party (RP). BP accepted the designation and advertised its OPA claims process. On 

23 August 2010, the Gulf Coast Claims Facility (GCCF) began accepting and adjudicating 

claims for certain individual and business claims on behalf of BP.

CLAIM AND CLAIMANT:

On 16 September 2011, Thomas d’Aquin, on behalf of ACES Tennis Foundation (the Claimant), 

presented an Optional Oil Spill Liability Trust Fund (OSLTF) Claim Form to the National 

Pollution Funds Center (NPFC) seeking $785,000.00 in loss of profits and impairment of 

earnings capacity that allegedly resulted from the Deepwater Horizon oil spill.

The Claimant operates a tennis instruction school in the Biloxi, Mississippi area.1 The Claimant 

asserts that as a result of the Deepwater Horizon oil spill, the largest donor to his tennis school 

decided to abandon her residency in the Gulf Coast region.2 The Claimant further asserts that 

because the donor did not wish to live in the region anymore, she withdrew her monetary support 

for the school,3 and without the financial support of the donor, the school suffered a reduction in 

participants, 4 and a loss of profits. 

The Claimant did not provide a calculation to explain his sum certain of $785,000.00.

Prior to presenting this Claim to the NPFC, the Claimant filed a claim with BP on 21 June 2010.5

 

This claim was denied.6

 Additionally, the Claimant filed an Emergency Advance Payment 

(EAP) Claim with the GCCF for loss of profits and impairment of earnings capacity on 23 

August 2010 in the amount of $10,000.00.7 The Claimant was assigned Claimant ID # 1102129 

and Claim ID # 5507. The GCCF granted payment on the EAP on 08 January 2011 in the 

amount of $10,000.00.8 Additionally, the Claimant accepted a Quick Pay Final Payment, Claim 

1 Optional OSLTF Claim Form received 16 September 2011.

2 PHONECON between the NPFC and the Claimant dated 23 September 2011. 3 PHONECON between the NPFC and the Claimant dated 23 September 2011.

4 PHONECON between the NPFC and the Claimant dated 23 September 2011.

5 Report from the GCCF dated 06 October 2011.

6 Report from the GCCF dated 06 October 2011.

7 Report from the GCCF dated 06 October 2011. 8 GCCF Notice of Determination dated 08 January 2011.

 
ID # 9000854, on 10 January 2011, in the amount of $25,000.00.9

 The Claimant filed an Interim 

Payment Claim Quarter III 2011 (ICQ32011) with the GCCF for loss of profits and impairment 

of earnings capacity on 23 July 2011 in the amount of $100,000.00.10 The GCCF denied the 

ICQ32011 Claim because of Claimant’s previous acceptance of a Quick Pay Final Payment.11

The NPFC denied the claim originally on October 13, 2011 for two reasons. First, the $785,000 

claim had not been properly or completely presented to the RP prior to presentment to the NPFC. 

As noted above the Claimant presented an EAP claim with the GCCF for loss of profits and 

impairment of earnings capacity on 23 August 2010 in the amount of $10,000.00.12 The 

Claimant accepted a Quick Pay Final Payment from the GCCF on 10 January 2011 in the amount 

of $25,000.00.13 

Additionally, the Claimant presented an ICQ32011 to the GCCF for a loss of profits on 23 July 

2011 in the amount of $100,000.00.14 However, the ICQ32011 claim was filed with the GCCF 

after accepting the Quick Pay Final Payment from the GCCF.15 Thus, the Claimant waived his 

right to present additional claims to the RP/GCCF. Thus, any claimed amount of damages 

exceeding $25,000.00 was not properly presented to the RP/GCCF pursuant to 33 C.F.R. § 

136.103(a) and was therefore denied by the NPFC.

The NPFC denied the claim for a second reason. Based on the information available to the 

NPFC, the Claimant accepted a Final Payment from the RP/GCCF in the amount of 

$25,000.00.16 In order to accept a Quick Pay Final Payment, a Claimant must execute a Release 

and Covenant Not to Sue in return for the GCCF’s final payment.17 By signing this Release and 

Covenant Not to Sue, a Claimant has released to the RP/GCCF any rights to additional recovery 

regarding losses arising from the Deepwater Horizon oil spill. 18

Any payment from the OSLTF requires the acquisition of rights from the RP. Because these 

rights have been released by the Claimant to the RP/GCCF when the Claimant accepted the 

Quick Pay final payment, the Claimant cannot also recover from the OSLTF.

In its denial the NPFC stated that if the Claimant believed that payments received from the 

RP/GCCF were for damages other than those that were the subject of the claim, the Claimant 

must explain this in his request for reconsideration. The Claimant must also include copies of 

any and all waivers and covenants signed by the Claimant regarding injuries related to the 

Deepwater Horizon oil spill as well as a duplicate copy of what he presented to the GCCF in 

order to prove the costs he was paid are not the same.

Thomas d’Aquin presented a separate but associated $100,000 claim with the NPFC as an 

employee of ACES Tennis Foundation. The NPFC claim # for that claim submission is N10036-

1306 which was denied on September 2, 2011 because the Claimant (1) had been fully 

9 GCCF Notice of Quick Payment Final Claim Determination dated 10 January 2011.

10 Report from the GCCF dated 06 October 2011. 11 Report from the GCCF dated 06 October 2011. 12 Report from the GCCF dated 06 October 2011. 13 GCCF Notice of Quick Payment Final Claim Determination dated 10 January 2011. 14 Report from the GCCF dated 06 October 2011. 15 Report from the GCCF dated 06 October 2011. 16 GCCF Notice of Quick Payment Final Claim Determination dated 10 January 2011. 17 GCCF Notice of Quick Payment Final Claim Determination dated 10 January 2011. 18 GCCF Release and Covenant Not to Sue.

 
compensated by the RP/GCCF and waived his rights to further recovery regarding this injury by 

signing a full and final release, (2) materially misrepresented elements of his claim, (3) failed to 

provide documentation sufficient to demonstrate that he suffered a financial loss, and (4) failed 

to provide evidence to show that any loss he might have suffered was a result of the Deepwater 

Horizon oil spill. 19 Mr. d’Aquin did not request reconsideration of that claim. 

REQUEST FOR RECONSIDERATION:

The Claimant requested reconsideration of NPFC Claim N10036-1417, which was received by 

the NPFC on October 19, 2011 via email. The Claimant provided a two-page letter requesting 

reconsideration. No other information or documentation was provided by the Claimant in support 

of his arguments on reconsideration. The Claimant identified his sum certain on reconsideration 

as $85,000.00 vice the original $785,000.00 written on the Claimant’s Optional OSLTF Claim 

Form that was signed and dated on September 13, 2011.20 

REQUEST FOR RECONSIDERATION and CLAIMANT’S CLAIM ANALYSIS:

The NPFC has summarized the Claimant’s written assertions in his request for reconsideration 

letter as follows:

 The Claimant argues several facts regarding his claims and executed documents with the 

GCCF. He states that he filed two separate claims; one was for “that year” and the other 

was for... long term and the duration of either funds or funding for the time that Ms. 

Lavagna had agreed upon.” He also states that GCCF acknowledges two claims in a letter 

dated June 22, 2011. The two claims are #7193307 and #1102129. GCCF paid Claim # 

1102120.

 The Claimant notes that in letters that Ms. Lavagna sent to the GCCF she stated that 

because of the news, the way Mr. Feinberg was lying and misrepresenting everything and 

her becoming ill on Gulf shrimp that she decided not to pay the balance to the foundation. 

 The Claimant discusses issues he has with Claim No. N10036-1417 before the NPFC. 

The Claimant states staff mischaracterized him and discriminated against him. He states 

he is only asking for the balance of his second distinct claim and that he is requesting 

$140,000.00 minus donations received and the first distinct claim and that he is entitled to 

$85,000.00.

 The Claimant further argues that he should sue because the NPFC said he was asking for 

$785,000.00. The Claimant further states that it is ridiculous that an employee of the 

NPFC called his list of clients associated with ACES Tennis Foundation as that could 

have been disastrous. The Claimant argues that he believes the NPFC employee violated 

privacy laws and states he is in contact with the Attorney General.

NPFC Determination on Reconsideration

19 The NPFC references the Claimant’s other submission as an employee of ACES Tennis Foundation because 

information presented in that claim subsequently crosses over to this claim, which is on behalf of the ACES Tennis 

Foundation only.

20 Optional OSLTF Claim Form received 16 September 2011.

 
Under 33 CFR 136.105(a) and 136.105(e)(6), the claimant bears the burden of providing to the 

NPFC all evidence, information, and documentation deemed necessary by the Director, NPFC, to 

support the claim. Under 33 CFR § 136.233, a claimant must establish loss of profits or 

impairment of earning capacity and that the loss was due to the destruction or injury to real or 

personal property or natural resources. The NPFC considered all the documentation submitted 

by the Claimant. The request for reconsideration must be in writing and include the factual or 

legal grounds for the relief requested, providing any additional support for the claim. 33 CFR 

136.115(d). 

The NPFC performed a de novo review of the entire claim submission upon reconsideration, 

including the two-page letter provided with the request for reconsideration. 

After reviewing the Claimant’s reconsideration letter, the NPFC offers the following:

 Claimant’s letters states that he filed two separate claims; one was for “that year” 

and the other was for...long term and the duration of either funds or funding for 

the time that Ms. Lavagna had agreed upon.” These statements relate to the GCCF 

claims and communications and the NPFC only has knowledge about what has 

been presented directly to the NPFC and the GCCF has made to the NPFC about 

Claimant’s presentment to them as required by 33 CFR 136.103(a).

The NPFC agrees that the Claimant has presented two claims to the NPFC to date. 

Claim # N10036-1306 was a claim for $100,000.00 of lost profits for the 

Claimant, Thomas d’Aquin, as an employee of ACES Tennis Foundation. That 

claim was for alleged reduced wages associated with his employment with ACES 

Tennis Foundation because the business was allegedly adversely affected by the 

Deepwater Horizon oil spill incident. As noted above that claim was denied on 

September 2, 2011. 

The second claim is this claim submission identified as claim # N10036-1417, 

which was presented by ACES Tennis Foundation and signed by Thomas 

d’Aquin as President of the Foundation. The Claimant’s OSLTF Claim Form 

requested $785,000.00 and was signed on September 13, 2011.

The NPFC agrees that the Claimant received payment from GCCF. The NPFC 

can confirm that a GCCF letter dated June 22, 2011 identifies two claim 

submissions to the GCCF. One submission identified as #1102129 with the 

Claimant name identified as ACES Tennis Foundation, received a $10,000.00 

Emergency Advance Payment on September 27, 2010 and also received a Quick 

Pay payment in the amount of $25,000.00 on March 20, 2011. According to this 

letter the other submission, identified as #7193307, was not paid because the 

claim form was illegible.

There is other evidence in the record reflecting that the Claimant received 

payment from GCCF. The Claimant provided to the NPFC a copy of an email 

response he received from Senator Vitter’s office dated September 7, 2011 that 

had attached to it a response from Senator Vitter office dated August 5, 2011 that 

stated his office received information from the GCCF confirming that ACES 

Tennis Foundation c/o Thomas d’Aquin received payment of $10,000.00 and a 

final Quick Pay payment of $25,000.00 along with a Release and Covenant Not 
To Sue. This settled and finalized all claims from ACES Tennis Foundation to the 

GCCF.

 The Claimant states he is only asking for the balance of his second claim. The 

Claimant states that he is requesting $140,000.00 minus donations received and 

the first distinct claim and that he is entitled to $85,000.00. The NPFC 

acknowledges that his claim is for $85,000 but states that his claim form 

presented to the NPFC on September 16,2011 did not clearly state that his sum 

certain was $85,000. 

 The Claimant argues that the NPFC should not have called his list of clients 

associated with ACES Tennis Foundation as that could have been disastrous. He 

believes that this violated privacy laws. Claimant provided that listing via email 

dated August 22, 2011 as part of claim # N10036-1306. The Claimant, at no 

time, stated the information provided allegedly in support of his claimed losses 

was not to be confirmed; therefore, the NPFC proceeded with verifying all 

information provided and associated with ACES Tennis Foundation. Further, it is 

not unusual for the NPFC to contact persons or businesses to confirm assertions 

made by Claimants in support of their claims. 

The NPFC considered all information presented by the Claimant on reconsideration. His 

arguments are not always clear or concise and certain arguments related to his issues with GCCF 

cannot be addressed by the NPFC. The GCCF and the NPFC are two separate and distinct

entities with independent claims processes; therefore it is not possible to cross reference in depth 

the information submitted by a claimant to the GCCF and then to the NPFC. 

The NPFC denies this claim on reconsideration because information in the administrative record 

and confirmed by GCCF evidences that ACES Tennis Foundation, c/o Thomas d’Aquin, was 

paid $25,000.00 final payment and executed a Release and Covenant Not To Sue. Therefore, the 

claim presented to the NPFC for alleged lost profits cannot be paid from the Fund. Additionally, 

the Claimant failed to demonstrate a loss in the amount claimed, or that the alleged loss was a 

result of the injury, destruction or loss of property or natural resources as a result of a discharge 

or substantial threat of a discharge of oil. 

This claim is denied upon reconsideration.

Claim Supervisor: Thomas Morrison

Date of Supervisor’s review: 11/7/11

Supervisor Action: Denial on reconsideration approved
U.S. Department of

Homeland Security

United States

Coast Guard

Director

United States Coast Guard

National Pollution Funds Center

NPFC CA MS 7100

US COAST GUARD

4200 Wilson Blvd. Suite 1000

Arlington, VA 20598-7100

Staff Symbol: (CA)

Phone: 

E-mail: 

@uscg.mil

Fax: 202-493-6937

5890 

11/7/2011 

CERTIFIED MAIL – RETURN RECEIPT REQUESTED 

Number: 7011 1570 0001 4802 6197

 

ACES Tennis Foundation

ATTN: 

134 B Oak Grove Place

Biloxi, MS 39530

RE: Claim Number: N10036-1417 

Dear : 

The National Pollution Funds Center (NPFC), in accordance with the Oil Pollution Act of 1990, 

33 U.S.C. § 2701 et seq. (OPA) and the associated regulations at 33 C.F.R. Part 136, denies 

payment on claim number N10036-1417 involving the Deepwater Horizon incident. Please see 

the enclosed Claim Summary/Determination Form for further explanation. 

Disposition of this reconsideration constitutes final agency action.

If you have any questions or would like to discuss the matter, you may contact me at the above 

address and phone number. 

Sincerely, 

Thomas S. Morrison

Chief, Claims Adjudication Division

U.S. Coast Guard

ENCL: Claim Summary / Determination Form