trinity updates the judge
DESCRIPTION
The joint task force reached the following official conclusions:• “There is no evidence to suggest that there are multiple versions (i.e., ET-Plus 4- inch devices with markedly different dimensions) on our nation’s roadways”; and• “The end terminals crash tested at the Southwest Research Institute (SwRI) between December 2014 and January 2015 are representative of the devices installed across the country.”TRANSCRIPT
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
JOSHUA HARMAN, on behalf of the United States of America
Plaintiff, v.
TRINITY INDUSTRIES, INC., AND TRINITY HIGHWAY PRODUCTS, LLC,
Defendants.
CIVIL ACTION NO. 2:12-CV-0089
DEFENDANTS REQUEST FOR JUDICIAL NOTICE OF FHWA AND AASHTOS FINDINGS ON DIMENSIONS OF ET-PLUS GUARDRAIL END TERMINAL
Defendants Trinity Industries, Inc., and Trinity Highway Products, LLC (collectively,
Trinity or Defendants), respectfully file this Request for Judicial Notice of FHWA and
AASHTOs Findings on Dimensions of the ET-Plus Guardrail End Terminal, and in support
thereof would show the Court as follows:
On March 11, 2015, the Federal Highway Administration (FHWA) and the American
Association of State Highway Transportation Officials (AASHTO) issued a public press
release and report entitled AASHTO FHWA Task Force on ET-Plus 4 Dimensions, March
11, 2015, containing the findings of a joint task force which evaluated field measurement data
collected by FHWA engineers from more than 1,000 4-inch ET-Plus devices installed on
roadways throughout the country. See Ex. A at 1; see also generally Ex. B.1 The joint task
force was aimed specifically to further investigate allegations of multiple versions of the ET-
1 True and correct copies of the cited information posted on the FHWAs website are attached to the declaration of Sarah R. Teachout, filed contemporaneously herewith.
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Plus, and whether the devices used in recent crash tests are representative of the devices installed
on roads. See Ex. A at 1. The joint task force reached the following official conclusions:
There is no evidence to suggest that there are multiple versions (i.e., ET-Plus 4-inch devices with markedly different dimensions) on our nations roadways; and
The end terminals crash tested at the Southwest Research Institute (SwRI) between December 2014 and January 2015 are representative of the devices installed across the country.
See id.
Trinity hereby requests that the Court take judicial notice of the FHWAs public press
release, report, and conclusions attached as exhibits hereto. See FED. R. EVID. 201(b)(2), (c)(2)
(defining judicially noticeable facts and stating that the court must take judicial notice if a party
requests it and the court is supplied with the necessary information (emphasis added)); id. at
advisory committees note (stating judicial notice under this provision is mandatory).
Further, Trinity requests the Court to afford the foregoing materials the appropriate weight
in resolving the issues in this case, including but not limited to Trinitys pending Renewed Rule
50(b) Motion for Judgment as a Matter of Law, and to grant Trinity any further and just relief to
which it may be entitled.
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Dated: March 13, 2015 Respectfully submitted,
/s/ Sarah R. Teachout Ethan L. Shaw Texas Bar No. 18140480 SHAW COWART LLP 1609 Shoal Creek Blvd., Ste. 100 Austin, Texas 78701 Telephone: (512) 499-8900 Fax: (512) 320-8906 [email protected]
J. Mark Mann, Esq. Texas Bar No. 12926150 MT2 LAW GROUP 300 West Main Street Henderson, Texas 75652 Telephone: (903) 657-8540 Fax: (903) 657-6003 [email protected] Mike Miller Texas Bar No. 14101100 201 W. Houston St. Marshall, Texas 75670 Telephone: (903) 938-4395 Fax: (903) 938-3360 [email protected] Heather Bailey New Texas Bar No. 24007642 BELL NUNNALLY & MARTIN LLP 3232 McKinney Avenue, Suite 1400 Dallas, Texas 75204 Telephone: (214) 740-1425 Fax: (214) 740-1499 [email protected]
Sarah R. Teachout Texas Bar No. 24008134 Arnold Spencer Texas Bar No. 00791709 AKIN GUMP STRAUSS HAUER & FELD LLP 1700 Pacific Avenue, Suite 4100 Dallas, TX 75201-4624 Telephone: 214-969-2800 Fax: 214-969-434 [email protected] [email protected] Robert M. (Randy) Roach, Jr. Texas Bar No. 16969100 John W. Newton, III Texas Bar No. 14983300 Manuel Lpez Texas Bar No. 00784495 ROACH & NEWTON, LLP 1111 Bagby Street, Suite 2650 Houston, Texas 77002 Telephone: (713) 652-2032 Facsimile: (713) 652-2029 [email protected] [email protected] [email protected]
Attorneys for Defendants, Trinity Industries, Inc. and Trinity Highway Products, LLC
Russell C. Brown, Esq. Texas Bar No. 03167510 THE LAW OFFICES OF RUSSELL C. BROWN, P.C. P.O. Box 1780 Henderson, Texas 75653-1780 Telephone: 903.657.8553 Fax: 903.655.0218 [email protected]
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing instrument
has been served on counsel for all parties via the Courts CM/ECF system on this 13th day of
March, 2015.
/s/ Sarah R. Teachout Sarah R. Teachout
CERTIFICATE OF CONFERENCE
I hereby certify that, on March 13, 2015, the undersigned conferred with counsel for
Harman on the foregoing request and that Harman opposes the relief requested herein.
/s/ Sarah R. Teachout Sarah R. Teachout
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