Documents from U.S. Court of Appeals case
Oceanic Exploration et al v. ConocoPhillips et al Updated 11 December 2009 La'o Hamutuk has adapted this page from the appellate court's docket sheet. For background information on the first phase of the case, which was dismissed by the U.S. District Court in May 2008, click here. On 6 November 2009, the U.S. Court of Appeals for the Fifth Circuit affirmed the lower court's decision, denying Oceanic's requested for rehearing the following week. Follow underlined links below to download PDFs of the substantive documents in the case. General Docket
United States Court of Appeals for the 5th Circuit | | Court of Appeals Docket #: 08-20338 | Docketed: 05/27/2008 | | Nature of Suit: 3470 RICO | | Oceanic Expl Co, et al v. Conocophillips Inc, et al | | Appeal From: United States District Court for the Southern District of Texas at Houston |
| | Case Type Information: | | 1) Private Civil Federal | | 2) Private |
| | Originating Court Information: | | District: 0541-4 : 4:07-CV-815 | | Ordering Judge: Lynn N. Hughes, U.S. District Judge | | Date Filed: 03/09/2007 | | Date NOA Filed: 05/15/2008 | Date Rec'd COA: 05/15/2008 |
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| 08/20/2008 | Appellant's Brief filed by Appellant Oceanic Expl Co, Appellant Petrotimor Companhia.
E/Res's Brief due on 9/19/08 for Tokyo Timor Sea, for Phillips Petro Co, for Darwin LNG PTY LTD, for ConocoPhillips, for ConocoPhillips Co, for Conocophillips 03-21, for Conocophillips 03-20, for Conocophillips 03-19, for Conocophillips 03-16, for Conocophillips 03-13, for Conocophillips 03-12, for Conocophillips WA, for Conocophillips STL, for Conocophillips Pipel, for Conocophillips JPDA, for Conocophillips Gas, for Conocophillips PTY, for Phillips Intl Invst, for Phillips Indonesia, for Phillips Petro Prod, for Phillips Petro 96-20, for Phillips Petroleum, for Phillips Petro Co. | | 08/20/2008 | Motion filed by Appellant Oceanic Expl Co, Appellant Petrotimor Companhia to file record excerpts in excess pages. [6102854-1] Response/Opposition due on 9/2/08. | | 08/20/2008 | Record excerpts filed by Appellant Oceanic Expl Co, Appellant Petrotimor Companhia. Sufficient Record Excerpts due on 9/2/08 for Petrotimor Companhia, for Oceanic Expl Co. | | 08/21/2008 | Record on appeal returned to 5CCA. Volumes: 38 | | 08/25/2008 | Clerk Order filed GRANTING motion to file Record Excerpts in excess pages [6102854-1] The clerk is granting your unopposed motion for the Court subject to possible reconsideration by the merit panel at a later date. | | 08/26/2008 | Record Excerpts made sufficient by Appellant Oceanic Expl Co, Appellant Petrotimor Companhia [08-20338] | | 08/26/2008 | Phone extension confirmed for Appellee Phillips Petro Zoc, et al for filing appellee's brief. Extension granted to and including 10/06/08.
E/Res's Brief ddl updated to 10/6/08 for Tokyo Timor Sea, for Phillips Petro Co, for Darwin LNG PTY LTD, for ConocoPhillips, for ConocoPhillips Co, for Conocophillips 03-21, for Conocophillips 03-20, for Conocophillips 03-19, for Conocophillips 03-16, for Conocophillips 03-13, for Conocophillips 03-12, for Conocophillips WA, for Conocophillips STL, for Conocophillips Pipel, for Conocophillips JPDA, for Conocophillips Gas, for Conocophillips PTY, for Phillips Intl Invst, for Phillips Indonesia, for Phillips Petro Prod, for Phillips Petro 96-20, for Phillips Petroleum, for Phillips Petro Zoc. | | 10/07/2008 | Appellee's Brief filed by Appellee Phillips Petro Zoc, et al. [6131748-1]
Reply Brief due on 10/21/08 for Petrotimor Companhia, for Oceanic Expl Co. | | 10/23/2008 | Reply brief filed by Appellant Oceanic Expl Co, Appellant Petrotimor Companhia. [6143685-1] | | 02/20/2009 | Case calendared for oral argument on 03/30/2009 in New Orleans in the East Courtroom. | | 03/03/2009 | Supplemental authorities (FRAP 28j) filed by Appellees ConocoPhillips et al, | | 03/18/2009 | Supplemental authorities (FRAP 28j) filed by Appellants Oceanic Exploration Co and Petrotimor Companhia de Petroleos | | 03/30/2009 | Oral argument (10 MB MP3 audio file) heard before Judges Barksdale, Dennis, Elrod. Arguing Person Information Updated for: Emmet J Bondurant, II arguing for Appellants Oceanic Exploration Co and Petrotimor Companhia de Petroleos; Arguing Person Information Updated for: Herbert Maurice Wachtell arguing for Appellees Phillips Petroleum Company Zoc et al | | 04/08/2009 | Supplemental authorities (FRAP 28j) filed by Appellees ConocoPhillips et al | | 04/27/2009 | Response/opposition filed by Oceanic Exploration Co and Petrotimor Companhia de Petroleos to the 28j letter filed by Appellees Conocophillips et al. Date of Service: 04/13/2009 | | 04/27/2009 | Response/opposition filed by ConocoPhillips et al to the response filed by the appellants' to the 28j letter filed by Appellees Conocophillips et al. Date of Service: 04/17/2009 (actually received 4/20/09, the response this response it to was not received until 4/27/09) | | 04/27/2009 | Reply filed by Appellants Oceanic Exploration Co and Petrotimor Companhia de Petroleos to the response/opposition filed by Appellees Conocophillips et al to the response/opposition filed by Appellants Oceanic Exploration Co and Petrotimor Companhia de Petroleos, to the 28j letter filed by Appellees Conocophillips et al. Date of Service: 04/23/2009 (actually received 4/24/09, documents were not received that the reply was to until 4/27/09) | | 11/06/2009 | Unpublished opinion. [ Affirmed ] Judge: RHB, Judge: JLD, Judge: JWE | | 11/06/2009 | Judgment entered | | 11/20/2009 | Petition filed by Appellants Oceanic Exploration Co and Petrotimor Companhia de Petroleos for rehearing [6413918-2] | | 11/20/2009 | Petition filed by Appellants Oceanic Exploration Co and Petrotimor Companhia de Petroleos for rehearing en banc [6413921-2] | | 12/03/2009 | Court order denying petition for rehearing en banc filed by Appellants Oceanic Exploration Co and Petrotimor Companhia de Petroleos; denying petition for rehearing filed by Appellants Oceanic Exploration Co and Petrotimor Companhia de Petroleos |
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Oceanic Exploration's "Form 10-Q" quarterly filing with the U.S. Securities and Exchange Commission on 13 November 2009described the appeals process:On April 16, 2008, the Texas Federal District Court issued its Opinion on Dismissal stating that Oceanic's claims fail because "it does not plead facts that, if true, would show that its loss was proximately caused by the bribery." The District Court further held that "To recover, Oceanic must show what would have happened absent the bribe to a high degree of probability. It can not." Accordingly, the Texas Federal Court granted defendants' Rule 12( c ) motion for judgment on the pleadings. A final judgment was entered on April 22, 2008. Oceanic's timely notice of appeal was filed on or about May 19, 2008. On August 19, 2008, Oceanic/Appellants filed their opening Brief with the United States Court of Appeals for the Fifth Circuit asserting multiple grounds of error by the District Court. These included the arguments (1) that the District Court erred in applying a heightened pleading standard in judging the sufficiency of Oceanic's proximate cause allegations, (2) that the District Court did not accept Oceanic's well-pleaded allegations as true and failed to draw reasonable inference in Oceanic's favor, (3) that the case should be reversed, remanded, and assigned to a different judge, and (4) that the District Court erred in dismissing ConocoPhillips subsidiaries for lack of personal jurisdiction. The defendants/appellees filed their Brief in response on October 6, 2008. Appellants filed their Reply Brief on October 21, 2008. The parties presented oral arguments on their respective positions on March 30, 2009. On November 6, 2009, the United States Court of Appeals affirmed the final judgment of the District Court. Oceanic is reviewing its options in light of the recent court decision. |
