West Lawsuit Case Management Orders | Discovery (Law) | Complaint

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WEST EXPLOSION CASES
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This Document Relates to all Cases
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McLENNAN COUNTY, TEXAS
CASE MANAGEMENT ORDER No.6
DISCOVERY ORDER
Pursuant to Texas Rule of Civil Procedure 190.4, the following Discovery Order
shall apply unless modified by the Court or agreement of the parties.
These cases shall proceed under Discovery Level 3.
For purposes of this Order, the use of the word "liability" includes all theories ofliability
plead against the Defendants as well as causation matters related to the cause of the fire
and/or explosion on April 17, 2013 and the use of the word "damages" includes all
causation matters related to whether or not any specific plaintiff/intervenor's alleged
damages were caused by the explosion on April 17, 2013.
This Order shall control regardless of whether any specific plaintiff/intervenor is party to
a suit filed in either the 414
th
District Court or the 74
th
District Court or the I70
th
District
Court.
I. The discovery subject to this Order will be conducted pursuant to
the Texas Rules of Civil Procedure unless expressly modified
herein.
2.
3.
4.
5.
6.
7.
Plaintiffs' Steering Committee will serve a uniform set of
written discovery (Interrogatories, Request for Admissions,
Request for Production) on Defendants, on behalf of all
PlaintiffslIntervenors. Plaintiffs Steering Committee will serve no
more than 90 Interrogatories on Defendant Adair and no more than
90 Interrogatories on The CF Industries Defendants. Defendants
must serve a written response within 30 days after service ofthe
interrogatory or request.
Defendants' Steering Committee will serve uniform written
discovery on PlaintiffslIntervenors, with one uniform set being
sent to PlaintiffslIntervenors bringing wrongful death/survival
claims, one uniform set being sent to PlaintiffslIntervenors
bringing personal injury claims, and one uniform set of discovery
being sent to PlaintiffslIntervenors bringing property damage
and/or subrogation claims. Defendant Adair Grain may serve 30
Interrogatories regarding liability on PlaintiffslIntervenors, The CF
Industries Defendants may serve 30 Interrogatories regarding
liability on PlaintiffslIntervenors. Plaintiffs' Steering Committee
will serve a joint response on behalf of all PlaintiffslIntervenors to
all written discovery requests regarding liability within 30 days
after service. Defendants jointly may serve 30 Interrogatories
regarding damages on PlaintiffslIntervenors. No more than 90
Interrogatories may be served on any plaintiff/intervenor.
PlaintiffslIntervenors in Trial Groups 1, 2 and 3 must serve a
written response to discovery within 30 days after service of the
interrogatory or request. PlaintiffslIntervenors not in Trial Groups
1, 2 or 3 must respond to written discovery regarding damages on
or before June 30, 2014.
Plaintiffs and Defendants liability experts, and Defendants'
Corporate Representatives and employees will be deposed one
time, unless otherwise ordered by the Court, and the deposition can
be used at trial by all PlaintiffslIntervenors. At the time of
Defendants' Expert Designation Deadline, parties will then confer
to provide dates for their expert depositions.
Defendants may serve up to 30 interrogatories and 30 requests for
production on each other.
The parties shall confer to agree on a protocol for the production of
documents and electronically stored information. The Court will
order a protocol if the parties are unable to agree.
The prior stay on discovery provided for in Case Management
Order #1 (signed June 25, 2013) is lifted and the parties to these
cases are permitted to proceed with discovery between themselves
as provided for in this Order. In this regard, Defendants are not
required to respond to any Requests for Disclosure previously
served as part of a plaintiff and/or intervenor's pleadings.
Discovery as to non-parties shall be conducted pursuant to the
Texas Ru1es of Civil Procedure.
Signed on this !?--day of December, 2013.
INRE:
WEST EXPLOSION CASES
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This Docwnent Relates to all Cases
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CASE MANAGEMENT ORDER No.3
DISCOVERY CONTROL PLAN AND TRIAL SCHEDULING ORDER FOR
TRIAL GROUP 1
Pursuant to Texas Ru1eof Civil Procedure 190.4, the following Trial Scheduling
Order shall apply unless modified by the Court or agreement of the parties.
These cases shall proceed under Discovery Level 3.
For purposes of this Order, the use ofthe word "liability" includes all theories ofliability
plead against the Defendants as well as causation matters related to the cause of the fire
and/or explosion on April 17, 2013 and the use of the word "damages" includes all
causation matters related to whether or not any specific plaintiff/intervenor's alleged
damages were caused by the explosion on April 17, 2013.
This Order shall control regardless of whether any specific plaintiff/intervenor is party to
a suit filed in either the 4l4
th
District Court or the 74
th
District Court or the l70
th
District
Court.
1. The discovery subject to this Order will be conducted pursuant to
the Texas Rules of Civil Procedure unless expressly modified
herein.
2. 12/20/13
Plaintiffs/Intervenors shall designate cases as potential trial
plaintiffs/lntervenors, from which the Court will determine the
trial plaintiffs/intervenors for a trial setting on January 26, 2015
(Trial Group I). The following deadlines pertaining to liability
issues shall apply to all Plaintiffsllntervenors currently in the cases
consolidated for discovery and pre-trial. The following deadlines
as to damages shall apply only to the claims of those
plaintiffs/intervenors in Trial Group I.
3. 01/17/14
Plaintiffs' Steering Committee Deadline to File Master
Complaint on BehalfofAll Current PlaintiffslIntervenors -
Plaintiffsllntervenors must file a unified complaint setting forth all
theories ofliability against Defendants on or before this date.
4. 04/07/14 Plaintiffs'lIntervenors' Deadline to Designate Liability Expert
Witnesses. Plaintiffsllntervenors shall designate all liability
experts, including those regarding allegations against CF Industries
for product liability and claims ofgeneral negligence against CF
Industries. For all parties seeking affirmative relief such experts
shall be designated by this date. All parties seeking affirmative
relief shall provide the information, and/or documents required by
Rule I 94.2(f) for all experts. In addition, all parties seeking
affirmative relief shall provide written reports for all retained
experts.
5. 04/07/14 Trial Group 1 Plaintiffs'lIntervenors' Deadline to Designate
Damages Experts. For all PlaintiffslIntervenors in Trial Group 1,
such damages experts shall be designated by this date.
Plaintiffsllntervenors in Trial Group 1 shall provide the
information, and/or documents required by Rule 194.2(f) for all
experts. In addition, Trial Group I Plaintiffsllntervenors shall
provide written reports for all retained experts.
6. 05/07/14 Defendants' Deadline to Designate Liability Expert Witnesses.
For all Defendants and Third Party Defendants, such liability
experts shall be designated by this date. Defendants and Third
Party Defendants shall provide the information, and/or documents
required by Rule 194.2(f) for all experts. In addition, Defendants
and Third Party Defendants shall provide written reports for all
retained experts.
7. 05/07/14 Defendants' Deadline to Designate Damages Experts as to
Trial Group 1 Plaintiffs/Intervenors. For all Defendants and
Third Party Defendants, such damages experts shall be designated
by this date. Defendants and Third Party Defendants shall provide
the information, and/or documents required by Rule 194.2(f) for all
experts. In addition, Defendants and Third Party Defendants shall
provide written reports for all retained experts.
8. 05/07/14
Defendants' Deadline to File Designation of Responsible Third
Parties. Defendants shall flle any Designation of Responsible
Third Parties pursuant to the Texas Rules of Civil Practices and
Remedies Code by this date.
9. 07/25/14
Plaintiffs'/Intervenors Deadline to Amend or Supplement
Pleadings. Plaintiffs' Steeriog Committee Deadline to File
amended or supplemental Master Complaint on Behalfof All
Current PlaintiffslIntervenors - PlaintiffslIntervenors must file a
unified complaint setting forth all theories of liability against
Defendants on or before this date. Trial Group 1
plaintiffs/intervenors shall file amended or supplemental pleadings
on causation and damages by this date.
10. 08/08/14 Discovery Period for Liability Ends. All liability discovery for
all plaintiffs/intervenors must be completed by this date. Parties
seeking discovery must serve requests sufficiently far in advance
of the end of the discovery period that the deadline for responding
will be within the discovery period. Parties may conduct discovery
beyond this deadline by agreement.
11. 08/15/14 Defendants' and Third Party Defendants' deadline to Amend
or Supplement Answers. Defendants and Third Party Defendants
sha1I file their amended or supplemental answers as to liability by
this date and as to damages for Trial Group I, only, by this date.
12. 08/15/14 Deadline to File Challenges to Expert Testimony, Motions for
Summary Judgment and other dispositive motions.
13. 09/12/14 Deadline to Respond to Challenges to Expert Testimony,
Motions for Summary Judgment and other dispositive motions.
14. 09/19/14 Hearing on Challenges to Expert Testimony, Motions for
Summary Judgment and all other Dispositive Motions.
15. 12/12/14 Mediation Deadline. Any mediation desired by the parties must
be completed by this date.
16. 12/12114 Discovery Period for Damages Ends. All damages discovery for
Trial Group 1 must be completed by this date. Parties seeking
discovery must serve requests sufficiently far in advance ofthe end
of the discovery period that the deadline for responding will be
within the discovery period. Parties may conduct discovery
beyond this deadline by agreement.
17. 01109/15 Parties to exchange witness lists, exhibit lists, motions in limine,
proposedjury charges and deposition testimony designations for
Trial Group 1.
18. 01114/15 Deadline to exchange rebuttal deposition testimony designations
for Trial Group 1.
19.
20.
01116/15
01126/15
Pre-trial Hearing for Trial Group 1.
Trial #1 Setting in the 170
lb
District Court: Trial Group I.
Signed on this IZ-day of December, 2013.
170
th
JUDI DISTRICT COURT
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INRE:
WEST EXPLOSION CASES
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This Document Relates to all Cases
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McLENNAN COUNTY, TEXAS
CASE MANAGEMENT ORDER No.4
DISCOVERY CONTROL PLANAND TRIAL SCHEDULING ORDERFOR
TRIAL GROUP 2
Pursuant to Texas Rule of Civil Procedure 190.4, the following Trial Scheduling
Order shall apply unless modified by the Court or agreement ofthe parties.
These cases shall proceed under Discovery Level 3.
For purposes of this Order, the use of the word "liability" includes all theories ofliability
plead against the Defendants as well as causationmatters related to the cause of the fire
and/or explosion on April 17, 2013 and the use of the word "damages" includes all
causation matters related to whether or not any specific plaintiff/intervenor's alleged
damages were caused by the explosion on April 17, 2013.
This Order shall control regardless of whether any specific plaintiff/intervenor is party to
a suit filed in either the 414
th
District Court or the 74
th
District Court or the 170
th
District
Court.
I. The discovery subject to this Order will be conducted pursuant to
the Texas Rules of Civil Procedure unless expressly modified
herein.
2. 12/20/13 PlaintiffslIntervenors shall designate cases as potential trial
plaintiffs/Intervenors, from which the Court will determine the
trial plaintiffs/intervenors for a trial setting on April 27, 2015
(Trial Group 2). The following deadlines pertaining to liability
issues shall apply to all Plaintiffs/lntervenors currently in the cases
consolidated for discovery and pre-trial. The following deadlines
as to damages shall apply only to the claims of those
plaintiffs/intervenors in Trial Group 2. All discovery pertaining to
damages is stayed as to all plaintiffs/intervenors except those in
Trial Groups I, 2 and 3.
3. 01/17/14 Plaintiffs' Steering Committee Deadline to File Master
Complalnt on Behalfof All Current Plaintiffs/Intervenors -
Plaintiffs/lntervenors must file a unified complaint setting forth all
theories of liability against Defendants on or before this date.
4. 04/07/14 Plaintiffs'/Intervenors' Deadline to Designate Liability Expert
Witnesses. Plaintiffs/Intervenors shall designate all liability
experts, including those regarding allegations against CF Industries
for product liability and claims ofgeneral negligence against CF
Industries. For all parties seeking affirmative relief such experts
shall be designated by this date. All parties seeking affirmative
relief shall provide the information, and/or documents required by
Rule 194.2(t) for all experts. In addition, all parties seeking
affirmative relief shall provide written reports for all retained
experts.
5. 05/07/14 Defendants' Deadline to Designate Liability Expert Witnesses.
For all Defendants and Third Party Defendants, such liability
experts shall be designated by this date. Defendants and Third
Party Defendants shall provide the information, and/or documents
required by Rule 194.2(t) for all experts. In addition, Defendants
and Third Party Defendants shall provide written reports for all
retained experts.
6. 05/07/14 Defendants' Deadline to File Designation of Responsible Third
Parties. Defendants shall file any Designation ofResponsible
Third Parties pursuant to the Texas Rules of Civil Practices and
Remedies Code by this date.
7. 07/25/14 Plaintiffs'/Intervenors Deadline to Amend or Supplement
Pleadings. Plaintiffs' Steering Committee Deadline to File
amended or supplemental Master Complaint on Behalfof All
Current Plaintiffs/lntervenors - Plaintiffs/Intervenors must file a
unified complaint setting forth all theories ofliability against
Defendants on or before this date.
8. 08/08/14 Defendants' and Third Party Defendants' deadline to Amend
or Supplement Answers. Defendants and Third Party Defendants
shall file their amended or supplemental answers as to liability by
this date.
9. 08/08/14 Discovery Period for Liability Ends. Allliability discovery for
all plaintiffs/intervenors must be completed by this date. Parties
seeking discovery must serve requests sufficiently far in advance
of the end of the discovery period that the deadline for responding
will be within the discovery period. Parties may conduct discovery
beyond this deadline by agreement.
10. 08/15/14 Deadline to File Challenges to Liability Expert Testimony,
Motions for Summary Judgment and other dispositive motions.
11. 09/12/14 Deadline to Respond to Challenges to Liability Expert
Testimony, Motions for Summary Judgment and other
dispositive motions
12. 09/19/14 Hearing on Challenges to Liability Expert Testimony, Motions for
Summary Judgment and all other Dispositive Motions.
13. 11/17/14 Trial Group 2 Plaintiffs'/lntervenors' Deadline to Designate
Damages Experts. For all Plaintiffs/lntervenors in Trial Group 2
such damages experts shall be designated by this date.
Plaintiffs/lntervenors in Trial Group 2 shall provide the
information, and/or documents required by Rule 194.2(f) for all
experts. In addition, Trial Group 2 Plaintiffs/lntervenors shall
provide written reports for all retained experts.
14. 12/15/14 Defendants' and Third Party Defendants' Deadline to
Designate Damages Experts as to Trial Group 2
Plaintiffs/lntervenors. For all Defendants and Third Party
Defendants, such damages experts shall be designated by this date.
Defendants and Third Party Defendants shall provide the
information, and/or documents required by Rule 194.2(f) for all
experts. In addition, Defendants and Third Party Defendants shall
provide written reports for all retained experts.
IS. 12/15/14 Trial Group 2 PlaintiffslIntervenors shall file amended or
supplemental pleadings on Damages this date.
16. 01/12/15
Deadline to File Challenges to Damages Experts.
17.
18.
19.
20.
21.
22.
23.
24.
25.
01112/15
02/16/15
02/16/15
02/16/15
02/23/15
03/20/15
03/27/15
04/13/15
04/27/15
Defendant and Third Party Defendants shall me amended or
supplemental pleadings as to damages for Trial Group 2, only, by
this date.
Deadline to Respond to Challenges to Damages Expert
Testimony, Motions for Summary Judgment and other
Dispositive Motions
Discovery Period Ends as to Trial Group 2 Damages. Trial
Group 2 damages discovery must be completed by this date.
Parties seeking discovery must serve requests sufficiently far in
advance ofthe end of the discovery period that the deadline for
responding will be within the discovery period. Counsel may
conduct discovery beyond this deadline by agreement.
Mediation Deadline. Unless otherwise ordered by the Court, any
mediation desired by the parties must be completed by this date.
Deadline for Hearing Challenges to Damages Expert Testimony,
Motions for Summary Judgment and all other Dispositive Motions.
Parties to exchange witness lists, exhibit lists, motions in limine,
proposedjury charges and deposition testimony designations for
Trial Group 2.
Deadline to exchange rebuttal deposition testimony designations
for Trial Group 2.
Pre-trial Hearing for Trial Group 2.
Trial #1 Setting in the 170
tb
District Court: Trial Group 2.
Signed on this /2--day of December, 2013.
(
INRE:
WEST EXPLOSION CASES
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This Document Relates to all Cases
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CASE MANAGEMENT ORDER No.5
DISCOVERY CONTROL PLAN AND TRIAL SCHEDULING ORDER FOR
TRIAL GROUP 3
Pursuant to Texas Rule ofCivil Procedure 190.4, the following Trial Scheduling
Order shall apply unless modified by the Court or agreement of the parties.
These cases shall proceed under Discovery Level 3.
For purposes of this Order, the use of the word "liability" includes all theories of liability
plead against the Defendants as well as causation matters related to the cause of the fire
and/or explosion on April 17, 2013 and the use of the word "damages" includes all
causation matters related to whether or not any specific plaintiff/intervenor's alleged
damages were caused by the explosion on April 17, 2013.
This Order shall control regardless of whether any specific plaintiff/intervenor is party to
a suit filed in either the 414
th
District Court or the 74
th
District Court or the 170
th
District
Court.
1. The discovery subject to this Order will be conducted pursuant to
the Texas Rules of Civil Procedure unless expressly modified
herein.
2. 12/20/13
Plaintiffsllntervenors shall designate cases as potential trial
plaintiffsl"mtervenors, from which the Court will determine the
trial plaintiffs/intervenors for a trial setting on July 27, 2015 (Trial
Group 3). The following deadlines pertaining to liability issues
shall apply to all PlaintiffslIntervenors currently in the cases
consolidated for discovery and pre-trial. The following deadlines
as to damages shall apply only to the claims of those
plaintiffs/intervenors in Trial Group 3. All discovery pertaining to
damages is stayed as to all plaintiffs/intervenors except those in
Trial Groups 1, 2 and 3.
3. 01/17/14
Plaintiffs' Steering Committee Deadline to File Master
Complaint on Behalf of All Current Plaintiffsllntervenors -
Plaintiffsllntervenors must file a unified complaint setting forth all
theories ofliability against Defendants on or before this date.
4. 04/07/14 Plaintiffs'/Intervenors' Deadline to Designate Liability Expert
Witnesses. Plaintiffs/lntervenors shall designate all liability
experts, including those regarding allegations against CF Industries
for product liability and claims of general negligence against CF
, Industries. For all parties seeking affirmative relief such experts
shall be designated by this date. All parties seeking affirmative
relief shall provide the information, and/or documents required by
Rule 194.2(f) for all experts. In addition, all parties seeking
affirmative relief shall provide written reports for all retained
experts.
5. 05/07/14 Defendants' Deadline to Designate Liability Expert Witnesses.
For all Defendants and Third Party Defendants, such liability
experts shall be designated by this date. Defendants and Third
Party Defendants shall provide the information, and/or documents
required by Rule 194.2(f) for all experts. In addition, Defendants
and Third Party Defendants shall provide written reports for all
retained experts.
6. 05/07/14 Defendants' Deadline to File Designation of Responsible Third
Parties, Defendants shall file any Designation of Responsible
Third Parties pursuant to the Texas Rules of Civil Practices and
Remedies Code by this date.
7. 07/25/14 PlaintifIs'/Intervenors Deadline to Amend or Supplement
Pleadings. Plaintiffs' Steering Committee Deadline to File
amended or supplemental Master Complaint on Behalf of All
Current Plaintiffsllntervenors - PlaintiffslIntervenors must file a
unified complaint setting forth all theories of liability against
Defendants on or before this date.
8. 08/08/14
Defendants' and Third party Defendants' deadline to Amend
or Supplement Answers. Defendants and Third party Defendants
shall file their amended or supplemental answers as to liability by
this date.
9. 08/08/14
Discovery Period for Liability Ends. All liability discovery for
all plaintiffs/intervenors must be completed by this date. Parties
seeking discovery must serve requests sufficiently far in advance
of the end of the discovery period that the deadline for responding
will be within the discovery period. Parties may conduct discovery
beyond this deadline by agreement.
10. 08/15/14 Deadline to File Challenges to Liability Expert Testimony,
Motions for Summary Judgment and other dispositive motions.
11. 09/12/14 Deadline to Respond to Challenges to Liability Expert
Testimony, Motions for Summary Judgment and other
dispositive motions
12. 09/19/14 Hearing on Challenges to Liability Expert Testimony, Motions for
Summary Judgment and all other Dispositive Motions.
13. 0l/15/15 Trial Group 3 Plaintiffs'/lntervenors' Deadline to Designate
Damages Experts. For all PlaintiffslIntervenors in Trial Group 3
such damages experts shall be designated by this date.
Plaintiffs/Intervenors in Trial Group 3 shall provide the
information, and/or documents required by Rule 194.2(f) for all
experts. In addition, Trial Group 3 Plaintiffs/Intervenors shall
provide written reports for all retained experts.
14. 02/16/15 Defendants' and Third Party Defendants' Deadline to
Designate Damages Experts as to Trial Group 3
Plaintiffs/lntervenors. For all Defendants and Third Party
Defendants, such damages experts shall be designated by this date.
Defendants and Third Party Defendants shall provide the
information, and/or documents required by Rule 194.2(f) for all
experts. In addition, Defendants and Third Party Defendants shall
provide written reports for all retained experts.
15. 02/16/15 Trial Group 3 Plaintiffs/lntervenors shall file amended or
supplemental pleadings on Damages by this date.
16. 03/13/15 Deadline to File Challenges to Damages Experts.
17.
18.
19.
20.
21.
22.
23.
24.
25.
03/13/15
04/20/15
04/20/15
05/01/15
05/01/15
06/08/15
06/15/15
06/22/15
07/27/15
Defendant and Third Party Defendants shall file amended or
supplemental pleadings as to damages for Trial Group 3, only, by
this date.
Deadline to Respond to Challenges to Damages Expert
Testimony, Motions for Summary Judgment and other
Dispositive Motions
Discovery Period Ends as to Trial Group 3 Damages. Trial
Group 3 damages discovery must be completed by this date.
Parties seeking discovery must serve requests sufficiently far in
advance of the end of the discovery period that the deadline for
responding will be within the discovery period. Counsel may
conduct discovery beyond this deadline by agreement.
Mediation Deadline. Unless otherwise ordered by the Court, any
mediation desired by the parties must be completed by this date.
Deadline for Hearing Challenges to Damage Expert Testimony,
Motions for Summary Judgment and all other Dispositive Motions.
Parties to exchange witness lists, exhibit lists, motions in limine,
proposedjury charges and deposition testimony designations for
Trial Group 3.
Deadline to exchange rebuttal deposition testimony designations
for Trial Group 3.
Pre-trial Hearing for Trial Group 3.
Trial #1 Setting in the 170
th
District Court: Trial Group 3.
Signed on this /Z-my of December, 2013.
r
         

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