UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

SCOTT CARSWELL, JULIE CARSWELL,

KENT McCOY, JANINE McCOY, and ROBERT

HOWARD, individually and as representatives of

similarly situated persons,

Plaintiffs,

CASE NO.:4:10-cv-00486- SPM-WCS

vs.

LISA ECHEVERRI, as Executive Director of the

Florida Department of Revenue, acting in her

official capacity, and BP, plc; BP PRODUCTS

NORTH AMERICA, INC.; BP AMERICA,

INC.; BP EXPLORATION AND

PRODUCTION, INC.; BP AMERICAN

PRODUCTION COMPANY; TRANSOCEAN,

LTD; TRANSOCEAN OFFSHORE

DEEPWATER DRILLING, INC.;

TRANSOCEAN DEEPWATER,

INC.;TRANSOCEAN HOLDINGS, LLC;

TRITON ASSET LEASING GMBH;

HALLIBURTON ENERGY SERVICES, INC.;

CAMERON INTERNATIONAL

CORPORATION f/k/a COOPER CAMERON

CORPORATION; ANDARKO PETROLEUM

CORPORATION; ANDARKO E&P

COMPANY, L.P.; MOEX OFFSHORE 2007,

LLC; M-I, LLC; DRIL-QUIP, INC.; MITSUI

OIL EXPLORATION; and HYUNDAI HEAVY

INDUSTRIES CO., LTD., INC.,

Defendants.

Defendant Florida Department of Revenue’s Motion to Expedite the Consideration of the 

Defendant Florida Department of Revenue’s Motion to Dismiss and in the Alternative Remand

Defendant Lisa Echeverri, as Executive Director of the Florida Department of Revenue, 

acting in her official capacity (hereinafter “the Florida Department of Revenue”), by and through 

her undersigned counsel, respectfully requests this Court to expedite its consideration of 

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Defendant Florida Department of Revenue’s Motion to Dismiss and in the Alternative Remand

and states as follows:

1. The Florida Department of Revenue is an agency of the state of Florida and is a 

Defendant in this proceeding. The Florida Department of Revenue did not bring this action in 

state court, did not seek to have the issues concerning the Florida Department of Revenue 

removed to this Court, and as it relates to the Florida Department of Revenue and it is 

respectfully submitted that this Court lacks jurisdiction over this matter. The lack of jurisdiction 

is based upon the Eleventh Amendment, the Tax Injunction Act, 28 U.S.C. Section 1341, and the 

principle of comity, together with the other grounds set forth in the Florida Department of 

Revenue’s Motion to Dismiss and/or Remand filed simultaneously with the Motion to Expedite 

and Rescind the Stay herein.

2. Plaintiffs filed this lawsuit in the Circuit Court of the Second Judicial Circuit in and 

for Leon County, Florida. On November 1, 2010, Defendants, Transocean Offshore Deepwater 

Drilling Inc., Transocean Deepwater Inc., Transocean Holdings LLC, and Triton Asset Leasing 

GmbH ("Transocean/Triton Defendants"), removed this lawsuit to this Court claiming that there 

was federal jurisdiction. On November 10, 2010 the Transocean/Triton Defendants filed an 

Amended Notice of Removal claiming that there was “federal question” jurisdiction. 

3. On November 10, 2010 the MDL court in New Orleans entered Conditional Transfer 

Order no. 6 (“CTO-6”) (Dkt. no. 333) conditionally transferring this case, and in response the 

Florida Department of Revenue timely filed a Notice of Opposition on November 15, 2010 (Dkt. 

no. 347).

4. On November 16, 2010 Defendants BP Products North America Inc., BP America 

Inc., BP Exploration & Production Inc., and BP America Production Company (collectively, “BP 

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Defendants”), filed an “Unopposed Motion to Stay,” and requested that this Court stay the 

proceedings and suspend all responsive pleading and answer deadlines in this case pending the 

resolution by the Judicial Panel on Multidistrict Litigation (“Panel” or “JPML”) of the pending 

oppositions to transfer to MDL 2179 filed by the Plaintiffs and the Florida Department of 

Revenue. In addition, Defendant Halliburton Energy Services, Inc. (“HESI”) filed a joinder to

the BP Defendants’ Unopposed Motion to Stay.

5. The Florida Department of Revenue was not contacted by the BP Defendants and 

HESI before these Defendants filed the Unopposed motion to stay and joinder, respectively, on 

November 16, 2010. Furthermore, the Florida Department of Revenue did not consent to these 

filings by both of these parties in this proceeding.

6. On November 30, 2010 the Florida Department of Revenue filed in this Court a 

Motion to Dismiss and/or Remand which has not yet been decided.

7. As set forth in the Florida Department of Revenue’s Motion to Dismiss and/or

Remand the jurisdictional issues before this Court are simple and straightforward. 

8. The potential disruption and harm to the property tax system in the state of Florida is 

real. The operation of school districts, the payment of bond issues, the operation of local 

government, including police, fire, health, water, and sewer could be adversely affected by any 

delay in the yearly process of valuation, assessment and collection of the taxes involved. The 

budgetary process of school districts, special districts, water management districts, counties and 

municipalities are an integral component of this yearly process.

9. The most recent tax data available is for tax year 2009. In 2009, there were 9,960,388 

real property parcels in the state. In 2009, the total taxable value for school districts was 

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$1,615,844,484,447. In 2009, the county taxable value was $1,513,040,958,619. Total taxes 

levied by all school districts and local governments was $28,093,543,970. 

WHEREFORE, for all of the foregoing reasons, the Florida Department of Revenue 

requests this Court to expedite the Consideration of the Defendant Florida Department of 

Revenue’s Motion to Dismiss and in the Alternative Remand.

CONFERENCE PURSUANT TO N.D. FLA. LOC. R. 7.1(B)

Before filing this motion, counsel for the Florida Department of Revenue conferred with 

counsel for Plaintiffs and the remaining Defendants in a good faith effort to resolve the issues 

raised herein, and counsel for Plaintiffs and the remaining Defendants have advised that 

Plaintiffs and the remaining Defendants oppose the relief requested in this motion.

Respectfully submitted,

BILL McCOLLUM 

ATTORNEY GENERAL

/s/ Jonathan A. Glogau________

Jonathan A. Glogau

Chief, Complex Litigation

Fla. Bar No. 371823

PL-01, The Capitol

Tallahassee, FL 32399-1050

850-414-3300, ext. 4817

850-414-9650 (fax)

jon.glogau@myfloridalegal.com

Joseph C. Mellichamp, III

Chief, Revenue Litigation Bureau

Florida Bar No. 133249

Office of the Attorney General 

The Capitol, 

PL-01 Tallahassee, FL 32399-1050 

(850) 414-3300

(850) 410-2672 (fax)

Joe.Mellichamp@myfloridalegal.com

Counsel for Defendant Lisa Echeverri

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CERTIFICATE OF SERVICE

I hereby certify that on November 30, 2010, the foregoing document was filed with the 

Clerk of Court via the CM/ECF system, causing it to be served on all counsel of record.

/s/ Jonathan A. Glogau

 Attorney

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