CLAIMANT ID 100296800 v. BP EXPLORATION PRODUCTION INCORPORATED BP BP (2018)

Claimant ID 100296800 filed a claim under the BP Deepwater Horizon Economic Settlement. Claimant appeals the district court’s denial of discretionary review of an appeals panel decision denying the claim. During the pendency of this appeal, the court issued In re Deepwater Horizon, 858 F.3d 298 (5th Cir. 2017) (Deepwater Horizon II). Following Deepwater Horizon II’s issuance, the district court remanded all affected claims pending on discretionary review to the Claims Administrator. The Claims Administrator was ordered to process the claims “under the Annual Variable Margin Methodology, except that revenue shall not be reallocated, restated, smoothed, or moved unless done to correct an error.” As the district court did not have the benefit of our decision in Deepwater Horizon II when it denied discretionary review in this case, we REMAND the case to the district court so that it may handle it consistently with its June 13, 2017 interim order.

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PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.