Halliburton Energy Services, Inc./Transocean Punitive Damages & Assigned Claims Settlements

Overview

Deficiency Letters

The HESI/Transocean Settlements Program continues to mail deficiency letters for New Class claims on a rolling basis. The Settlements Program and the New Class Claims Administrator are providing this website update with some helpful tips and answers to frequently asked questions in an effort to make the process as efficient as possible.

Please make certain you are including your Claimant ID or a copy of the first page of your deficiency notice with your submission. If we cannot identify the claim to which a particular piece of documentation applies, it may result in denial of your claim.

Frequently asked questions have included:

  • Can I get an extension to respond?

    There is no formal extension process. If you fail to meet the deadline and your response is received prior to Failure to Cure Deficiencies Denial Determination Letters being sent, your response will be processed. If you fail to respond and receive a Failure to Cure Deficiencies Denial Determination Letter you will have 20 days to file an appeal and provide your additional documentation.

    Please note, the Deadline to Submit Response is a postmark deadline. Responses and documentation may be submitted by mail to HESI/Transocean Punitive Damages & Assigned Claims Settlements, c/o Garden City Group, LLC, PO Box 10260, Dublin, OH 43017-5760 or by email to Questions@GulfSpillPunitiveDamagesSettlement.com.

    You may email responses or submit documentation via US Mail or courier.

  • What if the documentation requested does not exist?

    The documentation requirements were written with a broad range of requirements that can vary by state and eligible locations. Some documentation may not be applicable in all situations. If the documentation requested in the notice does not exist, respond to the notice stating that the documentation does not exist and why.

  • What documentation can be provided to establish Gulf Coast Area Home Port?

    A variety of documentation can potentially establish the location of the vessel’s home port. Some trip tickets may note the home port of the vessel, evidence of slip/dock rental or ownership within the Gulf Coast Area, registration, or other documentation may be acceptable – this is particularly important if your vessel is registered in a state where there are both zone and non-zone ports. If no documentation is available, an affidavit may be deemed sufficient; contact the HESI/Transocean Settlements at Questions@GulfSpillPunitiveDamagesSettlement.com for additional information.

  • I submitted the requested documentation to the DHEPDS program. Do I need to submit this documentation to the HESI/Transocean Settlements Program as well?

    Although the HESI/Transocean Settlements Program made an effort to obtain all relevant documentation from claim files in DHEPDS, some documentation may have been labeled for an alternate use by DHEPDS or commingled with other documents on the DHEPDS claim portal. Please either provide the documentation to the HESI/Transocean Settlements Program or provide the Document ID of the specific documentation from the DHEPDS claim portal.

  • If I am missing a signature on my Claim Form, do I need to resubmit the whole claim form?

    No, you do not. Please submit only the signature page bearing the claimant’s handwritten signature and include the Claimant Number on the page to ensure it is correctly associated to the proper claim file.

  • If I missing a signature on a Sworn Written Statement (SWS), do you need an original signature page mailed in?

    You may mail or email an SWS; however, make sure your deficiency reason did not also include a notation about incomplete information. If your SWS was incomplete and was also missing a signature, you may need to provide the full document. Attorney signatures are not valid on a SWS; claimants must sign the form personally.

Determination Letters

Determination letters advising on the eligibility status for the underlying sub-claims are also being sent on a rolling basis.

If you disagree with the eligibility determination or valuation of the claim based on the Distribution Model, you may complete the Appeal Form included with your determination letter and return it on or before the response deadline. Below please find some common errors to avoid in completing the appeal form and frequently asked questions related to filing an appeal:

Common errors to avoid:

  1. Omitting the Claim Number from the appeal form and/or supporting documentation – please write the Claim Number on all pages of your appeal.
  2. If you had multiple claims, identify which claim you are appealing with the same information provided in the determination letter (claim type, line number for New Class claims).
  3. Make sure you select the proper section relating to Old or New Class claims and provide a short, simple description of the issue you wish to address in your appeal.
  4. Provide documentation to support your appeal.
  5. Only New Class claims can be reviewed for substantive determination issues (denial, value of the claim); if your award is based on a DHEPDS claim, you cannot further appeal the underlying DHEPDS determination or valuation of that claim. Old Class claims are included only to the extent that a claim for which you were paid in DHEPDS is not appearing on your claims addenda and you need to appeal to have it included on your list.

Frequently asked questions have included:

  • Can I get an extension to respond and appeal the determination?

    There are no extensions to submit an appeal form. You may mail the form so that it is postmarked on or before the deadline or you may email it to Questions@GulfSpillPunitiveDamagesSettlement.com so that it is received on or before the deadline.

  • Who can sign the appeal form?

    Attorneys may sign on behalf of a claimant, or the claimant may sign the form.

Distribution Timeline

Please review the most recent Status Report for up-to-date information on the plans for distribution. Status Reports are available for review on the Claims Administrators’ Reports page. As dates become available updates will also be posted on the homepage.

Court Review Determinations

Court Review Request decisions are posted on the Court Review Determinations page.

General Overview

Halliburton Energy Services, Inc. and Halliburton Company (“HESI”) and Triton Asset Leasing GmbH, Transocean Deepwater Inc., Transocean Offshore Deepwater Drilling Inc., and Transocean Holdings LLC (“Transocean”) each entered into separate settlement agreements with the New Class, which total $1,239,750,000. These settlements will be administered together to decrease administrative costs to the New Class.

There are two groups included in the HESI/Transocean Settlements, the New Class and the Old Class (it is possible to be a member of both Classes).

The New Class will receive punitive damages associated with the Spill based on physical damages to real property and personal property and, to a lesser extent, losses related to commercial fishing, charterboat operations, and subsistence fishing or hunting during the Class Period. Most New Class members will not need to file a claim or provide any documentation to have their eligibility considered.

The Old Class consists of businesses and individuals who previously filed claims for economic losses associated with the Deepwater Horizon oil Spill through the Deepwater Horizon Economic and Property Damages Settlement (DHEPDS) Program.

A summary of Class Members’ Rights and Options can be accessed on this site. The HESI and Transocean Settlement Agreements are available for review or download. The Old and New Class Distribution Plans can also be accessed on this site.

Court-Appointed Neutrals’ Settlements and Old Class Eligibility

Per the Order and Reasons, the Court will consider a payment made pursuant to the Neutrals’ process to be an “amount paid to [a] claimant by the DHEPDS Court-Supervised Settlement Program” for purposes of the DHEPDS Class Distribution Model so long as that payment was related to a claim, which, at the time of settlement and withdrawal, had not been fully and finally determined by the Settlement Program (i.e., all opportunities for Re-Review, Reconsideration and/or Appeal to the extent permissible had not been exhausted) and thus remained subject to the CSSP claims process.