west lawsuit case management orders

8/13/2019 West Lawsuit Case Management Orders

1/15

INRE:

WEST EXPLOSION CASESThis Document Relates to all Cases

McLENNAN COUNTY, TEXAS

CASE MANAGEMENTORDERNoDISCOVERY ORDERPursuant to Texas Rule ofCivil Procedure 190.4,the following Discovery Order

shall apply unless modified by the Court or agreementof the parties.These cases shall proceed under Discovery Level 3.

For purposes of this Order, the use of theword liability includes all theories ofliabilityplead against the Defendants as well as causationmatters related to the cause of the fireand/orexplosion on April 17, 2013 and the use of the word damages includes allcausationmatters related to whether or not any specific plaintiff/intervenor s allegeddamageswere caused by the explosion onApril 17, 2013.This Order shall control regardless ofwhether any specific plaintiff/intervenor is party toa suit filed in either the 414th DistrictCourt or the 74th District Court or the I70th DistrictCourt.

The discovery subject to this Order will be conducted pursuant tothe Texas Rules ofCivil Procedureunless expressly modifiedherein.


2/15

2.

3.

4.

5.

6.

7.

Plaintiffs Steering Committeew serve a uniform set ofwritten discovery (Interrogatories, Request for Admissions,Request for Production) on Defendants, on behalfofllPlaintiffslIntervenors. Plaintiffs Steering Committee will serve nomore than 90 Interrogatories on Defendant Adair and no more than90 Interrogatories on The CF Industries Defendants. Defendantsmust serve a written response within 30 days ft rservice of theinterrogatory or request.Defendants Steering Committeew serve uniform writtendiscovery on PlaintiffslIntervenors, with one uniform set beingsent to PlaintiffslIntervenors bringingwrongful death/survivalclaims, one uniform set being sent to PlaintiffslIntervenorsbringing personal injury claims, and one uniform set of discoverybeing sent to PlaintiffslIntervenors bringing property damageand/or subrogation claims. Defendant AdairGrain may serve 30Interrogatories regarding liability on PlaintiffslIntervenors, The CFIndustries Defendants may serve 30 Interrogatories regardingliability on PlaintiffslIntervenors. Plaintiffs Steering Committeewill serve a joint response on behalfofll PlaintiffslIntervenors toll written discovery requests regarding liability within 30 daysft rservice. Defendants jointlymay serve 30 Interrogatoriesregarding damages on PlaintiffslIntervenors. No more than 90Interrogatories may be served on any plaintiff/intervenor.PlaintiffslIntervenors in Trial Groups 1, 2 and 3 must serve awritten response to discovery within 30 days after service of theinterrogatory or request. PlaintiffslIntervenors not in Trial Groups1, 2 or 3 must respond to written discovery regarding damages onor before June 30, 2014.Plaintiffs and Defendants liability experts, and DefendantsCorporate Representatives and employees will be deposed onetime, unless otherwise ordered by the Court, and the deposition canbe used at trial by ll PlaintiffslIntervenors. tthe time ofDefendants Expert Designation Deadline, parties will then conferto provide dates for their expert depositions.Defendants may serve up to 30 interrogatories and 30 requests forproduction on each other.The parties shall confer to agree on a protocol for the production ofdocuments and electronically stored information. The Court willorder a protocol if the parties are unable to agree.The prior stay on discovery provided for in Case ManagementOrder 1 (signed June 25, 2013) is lifted and the parties to these


3/15

cases are permitted to proceedwi th discovery between themselvesas provided for in this Order. this regard Defendants are notrequired to respond to any Requests for Disclosure previouslyserved as part of a plaintiffand/or intervenor s pleadings.Discovery as to non-parties shall be conducted pursuant to theTexas u es of Civil Procedure.

Signed on this ? day ofDecember 2013.


4/15

INRE:

WEST EXPLOSIONCASESThis DocwnentRelates all Cases

CASE MANAGEMENT ORDER No 3DISCOVERY CONTROL PLAN AND TRIAL SCHEDULING ORDER FOR

TRIAL GROUP 1Pursuant to Texas Ru1eofCivil 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 ofliabilityplead against the Defendants as well as causation matters related the cause of the fireand/or explosion on April 17, 2013 and the use of the word damages includes allcausationmatters related to whether or not any specific plaintiff/intervenor s allegeddamages were caused by the explosion on April 17, 2013.This Order shall control regardless ofwhether any specific plaintiff/intervenor is party toa suit filed in either the 4l4th District Court or the 74th District Court or the l7 th DistrictCourt.

1. The discovery subject this Order will be conducted pursuant tothe Texas Rules ofCivil Procedure unless expressly modifiedherein.


5/15

2. 12/20/13 Plaintiffs/Intervenors shall designate cases as potential trialplaintiffs/lntervenors, from which the Court will determine thetrial plaintiffs/intervenors for a trial setting on January 26, 2015 Trial Group I). The following deadlines pertaining to liabilityissues shall apply to all Plaintiffsllntervenors currently in the casesconsolidated for discovery and pre-trial. The following deadlinesas to damages shall apply only to the claims of thoseplaintiffs/intervenors in Trial Group

3. 01/17/14 Plaintiffs Steering Committee Deadline to File MasterComplaint on Behalfof All Current PlaintiffslIntervenors -Plaintiffsllntervenors must file a unified complaint setting forth alltheories ofliability against Defendants on or before this date.

4. 04/07/14 Plaintiffs lIntervenors Deadline to Designate Liability ExpertWitnesses. Plaintiffsllntervenors shall designate all liabilityexperts, including those regarding allegations against CF Industriesfor product liability and claims of general negligence against CFIndustries. For all parties seeking affirmative reliefsuch expertsshall be designated by this date. All parties seeking affirmativereliefshall provide the information, and/or documents required byRule I94.2 f) for all experts. In addition, all parties seekingaffirmative relief shall provide written reports for all retainedexperts.5. 04/07/14 Trial Group 1 Plaintiffs lIntervenors Deadline to DesignateDamages Experts For all PlaintiffslIntervenors in Trial Group 1,such damages experts shall be designated by this date.

Plaintiffsllntervenors in Trial Group 1 shall provide theinformation, and/or documents required by Rule 194.2 f) for allexperts. In addition, Trial Group I Plaintiffsllntervenors shallprovide 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 liabilityexperts shall be designated by this date. Defendants and ThirdParty Defendants shall provide the information, and/or documentsrequired by Rule 194.2 f) for experts. In addition, Defendantsand Third Party Defendants shall provide written reports for allretained experts.7. 05/07/14 Defendants Deadline to Designate Damages Experts as to

Trial Group 1 Plaintiffs/Intervenors. For all Defendants andThird Party Defendants, such damages experts shall be designatedby this date. Defendants and Third Party Defendants shall providethe information, and/or documents required by Rule 194.2 f) for all


6/15

experts. naddition Defendants and Third Party Defendants shallprovide 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 hirdParties pursuant to the Texas Rules of Civil Practices andRemedies Code by this date.

9. 07/25/14 Plaintiffs /Intervenors Deadline to Amend or SupplementPleadings. Plaintiffs Steeriog Committee Deadline to Fileamended or supplemental Master Complaint on Behalf of AllCurrent PlaintiffslIntervenors - PlaintiffslIntervenors must file aunified complaint setting forth all theories o f liability againstDefendants on or before this date. Trial Group 1plaintiffs/intervenors shall file amended or supplemental pleadingson causation and damages by this date.10. 08/08/14 Discovery Period fo r Liability E nd s. All liability discovery for

all plaintiffs/intervenors must be completed by this date. Partiesseeking discovery must serve requests sufficiently far in advanceof the en d of the discovery period that the deadline for respondingwill be within the discovery period. Parties ma y conduct discoverybeyond this deadline by agreement.

08/15/14 Defendants a nd T h ir d P a rt y Defendants deadline to Amendor Supplement Answers. Defendants and Third Party Defendantssha file their amended or supplemental answers as to liability bythis 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 fo rSummary Judgme nt a nd other dispositive motions.

3 09/12/14 Deadline to Respond to Challenges to Expert TestimonyMotions for Summary Judgment and other dispositive motions.

14. 09/19/14 Hearing on Challenges to Expert Testimony Motions forSummary Judgment and all other Dispositive Motions.15. 12/12/14 Mediation Deadline. Any mediation desired by the parties mustbe completedby this date.16. 2 2 4 Discovery Period fo r Damages Ends. All damages discovery forTrial Group 1 must be completed by this date. Parties seekingdiscovery must serve requests sufficiently far in advance o f the en d

of the discovery period that the deadline for responding will be


7/15

within the discovery period. Parties may conduct discoverybeyond this deadline by agreement.17. 11 9 15 Parties to exchange witness lists exhibit lists motions in limineproposed jury charges and deposition testimony designations for

Trial Group 1.18. 1114 15 Deadline to exchange rebuttal deposition testimony designations

for Trial Group 1. 920.

1116 15 1126 15

Pre trial Hearing for Trial Group 1.Trial 1 Setting n th e 170l District Court: Trial Group I

Signed on this IZ day ofDecember 2013.

170th JUDI DISTRICT COURT

H O N O M E Y ~


8/15

INRE:

WEST EXPLOSIONCASESThis Document Relates to all Cases

McLENNANCOUNTY, TEXAS

C SEM N GEMENT ORDERNoDISCOVERY CONTROL PL N ND TRI L SCHEDULING OR R FOR

TRI L GROUPPursuant 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 theword liability includes all theories of liabilityplead against the Defendants as well as causationmatters related to the cause of the fireand/or explosion on April 17, 2013 and the use of the word damages includes allcausationmatters related to whether or not any specific plaintiff/intervenor s allegeddamageswere caused by the explosion onApril 17, 2013.This Order shall control regardless ofwhether any specificplaintiff/intervenor is party toa suit filed in either the 414th District Court or the 74th District Court or the 170th DistrictCourt.

The discovery subject to this Order will be conducted pursuant tothe Texas Rules ofCivil Procedure unless expressly modifiedherein.


9/15

2. 12/20/13 PlaintiffslIntervenors shall designate cases as potential trialplaintiffs/Intervenors, from which the Court will determine thetrial plaintiffs/intervenors for a trial setting on April 27, 2015 Trial Group 2). The following deadlines pertaining to liabilityissues shall apply to all Plaintiffs/lntervenors currently in the casesconsolidated for discovery and pre-trial. The following deadlinesas to damages shall apply only to the claims of thoseplaintiffs/intervenors in Trial Group 2. All discovery pertaining todamages is stayed as to all plaintiffs/intervenors except those inTrial Groups I, 2 and 3.3. 01/17/14 Plaintiffs Steering Committee Deadline to File Master

Complalnt on BehalfofAll Current Plaintiffs/Intervenors -Plaintiffs/lntervenors must file a unified complaint setting forth alltheories of liability against Defendants on or before this date.4. 04/07/14 Plaintiffs /Intervenors Deadline to Designate Liability ExpertWitnesses. Plaintiffs/Intervenors shall designate all liabilityexperts, including those regarding allegations against CF Industriesfor product liability and claims ofgeneral negligence against CFIndustries. For all parties seeking affirmative reliefsuch expertsshall be designated by this date. All parties seeking affirmativerelief shall provide the information, and/or documents required byRule 194.2 t) for all experts. In addition, all parties seekingaffirmative reliefshall provide written reports for all retainedexperts.5. 05/07/14 Defendants Deadline to Designate Liability Expert Witnesses.

For all Defendants and Third Party Defendants, such liabilityexperts shall be designated by this date. Defendants and ThirdParty Defendants shall provide the information, and/or documentsrequired by Rule 194.2 t) for all experts. In addition, Defendantsand Third Party Defendants shall provide written reports for allretained experts.6. 05/07/14 Defendants Deadline to File Designation ofResponsible ThirdParties. Defendants shall file any Designation ofResponsible

hir Parties pursuant to the Texas Rules ofCivil Practices andRemedies Code by this date.7. 07/25/14 Plaintiffs /Intervenors Deadline to mend or SupplementPleadings. Plaintiffs Steering Committee Deadline to Fileamended or supplemental Master Complaint on ehalfofAllCurrent Plaintiffs/lntervenors - Plaintiffs/Intervenors must file aunified complaint setting forth all theories ofliability againstDefendants on or before this date.


10/15

8. 08/08/14 Defendants and Third PartyDefendants deadline to Amendor SupplementAnswers. Defendants and Third Party Defendantsshall file their amended or supplemental answers as to liability bythis date.

9. 08/08/14 Discovery Period for Liability Ends. Allliability discovery forall plaintiffs/intervenors must be completed by this date. Partiesseeking discovery must serve requests sufficiently far in advanceof the end of the discovery period that the deadline for respondingwill be within the discovery period. Parties may conduct discoverybeyond 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 ExpertTestimony, Motions for Summary Judgment and otherdispositive motions12. 09/19/14 Hearing on Challenges to Liability Expert Testimony, Motions forumm ry Judgment and all other Dispositive Motions. 3 11/17/14 Trial Group 2 Plaintiffs /lntervenors Deadline to DesignateDamages Experts. For all Plaintiffs/lntervenors in Trial Group 2such damages experts shall edesignated by this date.Plaintiffs/lntervenors in Trial Group 2 shall provide theinformation, and/or documents required by Rule 194.2 f) for all

experts. addition, Trial Group 2 Plaintiffs/lntervenors shallprovide written reports for all retained experts.14. 12/15/14 Defendants and Third Party Defendants Deadline toDesignate Damages Experts as to Trial Group 2Plaintiffs/lntervenors. For all Defendants and Third PartyDefendants, such damages experts shall be designated by this date.Defendants and Third Party Defendants shall provide theinformation, and/or documents required by Rule 194.2 f) for allexperts. naddition, Defendants and Third Party Defendants shall

provide written reports for all retained experts.IS. 12/15/14 Trial Group 2 PlaintiffslIntervenors shall file amended orsupplemental pleadings on Damages this date.16. 01/12/15 Deadline to File Challenges to Damages Experts


11/15


12/15

INRE:

WEST EXPLOSION CASESThis Document Relates to all Cases

CASEMANAGEMENT ORDERNoDISCOVERY CONTROL PLANAND TRIAL SCHEDULING ORDER FORTRIAL GROUP 3

Pursuant to Texas Rule ofCivil Procedure 190.4, the following Trial SchedulingOrder shall apply unless modified by the Court or agreementof the parties.

These cases shall proceed under Discovery Level 3.For purposes of this Order, the use of the word liability includes all theoriesof liabilityplead against the Defendants as well as causation matters related to the causeof the fire

and/or explosion on April 17, 2013 and the useof the word damages includes allcausationmatters related to whether or not any specific plaintiff/intervenor s allegeddamages were caused by the explosion on April 17, 2013.This Order shall control regardlessofwhether any specific plaintiff/intervenor is party toa suit filed in either the 414 District Court or the 74 District Court or the 170 DistrictCourt.

1. The discovery subject to this Order will be conducted pursuant tothe Texas Rules ofCivil Procedure unless expressly modifiedherein.


13/15

2. 12/20/13 Plaintiffsllntervenors shall designate cases as potential trialplaintiffsl mtervenors, from which the Court will determine thetrial plaintiffs/intervenors for a trial setting on July 27, 2015 (TrialGroup 3). The following deadlines pertaining to liability issuesshall apply to all PlaintiffslIntervenors currently in the casesconsolidated for discovery and pre-trial. The following deadlinesas to damages shall apply only to the claims of thoseplaintiffs/intervenors in Trial Group 3. All discovery pertaining todamages is stayed as to all plaintiffs/intervenors except those inTrial Groups 1, 2 and 3.

3. 01/17/14 Plaintiffs Steering CommitteeDeadline to FileMasterComplaint on BehalfofAll Current Plaintiffsllntervenors -Plaintiffsllntervenors must file a unified complaint setting forth alltheories of liability against Defendants on or before this date.

4. 04/07/14 Plaintif fs /Intervenors Deadline to Designate Liability ExpertWitnesses. Plaintiffs/lntervenors shall designate all liabilityexperts, including those regarding allegations against CF Industriesfor product liability and claims ofgeneral negligence against CF, Industries. For all parties seeking affirmative reliefsuch expertsshall be designated by this date. All parties seeking affirmativereliefshall provide the information, and/or documents required byRule 194.2(f) for all experts. In addition, all parties seekingaffirmative reliefshall provide written reports for retainedexperts.5. 05/07/14 Defendants Deadline to Designate Liability Expert Witnesses.

For all Defendants and Third Party Defendants, such liabilityexperts shall be designatedby this date. Defendants and ThirdParty Defendants shall provide the information, and/or documentsrequired by Rule 194.2(f) for experts. In addition, Defendantsand Third Party Defendants shall providewritten reports for allretained experts.6. 05/07/14 Defendants Deadline to File Designation ofResponsible Third

Parties Defendants shall file any Designation ofResponsibleThirdParties pursuant to the Texas Rules of Civil Practices andRemedies Code by this date.7. 07/25/14 PlaintifIs /Intervenors Deadline to Amend or SupplementPleadings. Plaintiffs Steering Committee Deadline to Fileamended or supplemental Master Complaint on BehalfofAllCurrent Plaintiffsllntervenors - PlaintiffslIntervenors must file aunified complaint setting forth all theories of liability againstDefendants on or before this date.


14/15

8. 08/08/14 Defendants an d Third party Defendants deadline to Amendor Supplement Answers. Defendants and Third partyDefendantsshall file their amended or supplemental answers as to liability bythis date.

9. 08/08/14 Discovery Period for Liability Ends All liability discovery forall plaintiffs/intervenors must be completed by this date. Partiesseeking discovery must serve requests sufficiently far in advanceof the end of the discovery period that the deadline for respondingwill be within the discovery period. Parties may conduct discoverybeyond this deadline by agreement.

10. 08/15/14 Deadline to File Challenges to Liability Expert Testimony,Motions for Summary Judgment an d other dispositive motions.11. 09/12/14 Deadline to Respond to Challenges to Liability ExpertTestimony, Motions fo r Summary Judgment an d otherdispositive motions12. 09/19/14 Hearing on Challenges to Liability Expert Testimony, Motions for ummaryJudgment and all other Dispositive Motions.13. 0l/15/15 Trial Group 3 Plaintiffs /lntervenors Deadline to DesignateDamages Experts. For all PlaintiffslIntervenors in Trial Group 3such damages experts shall be designated by this date.Plaintiffs/Intervenors in Trial Group 3 shall provide theinformation, and/or documents required by Rule 194.2 f for allexperts. naddition, Trial Group 3 Plaintiffs/Intervenors shallprovidewritten reports for all retained experts.14. 02/16/15 Defendants an d Third Party Defendants Deadline toDesignate Damages Experts as to Trial Group 3Plaintiffs/lntervenors. For all Defendants and Third PartyDefendants, such damages experts shall be designated by this date.Defendants and Third Party Defendants shall provide theinformation, and/or documents required by Rule 194.2 f for allexperts. addition, Defendants and Third Party Defendants shallprovide written reports for all retained experts.15. 02/16/15 Trial Group 3 Plaintiffs/lntervenors shall file amended orsupplemental pleadings on Damages by this date.16. 03/13/15 Deadline to File Challenges to Damages Experts


15/15

17.

18.

19.

20.

2

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

06/22/1507/27/15

Defendant and Third Party Defendants shall file amended orsupplemental pleadings as to damages for Trial Group 3 only bythis date.Deadline to Respond to Challenges to Damages ExpertTestimony Motions for Summary Judgment and otherDispositiveMotionsDiscovery Period Ends as to Trial Group 3 Damages. TrialGroup 3 damages discovery must be completedby this date.Parties seeking discovery must serve requests sufficiently far inadvance of the end of the discovery period that the deadline forresponding will be within the discovery period. Counselmayconduct discovery beyond this deadline by agreement.MediationDeadline. Unless otherwise ordered by the Court anymediation desired by the parties must be completed by this date.Deadline for Hearing Challenges to Damage Expert TestimonyMotions for Summary Judgment and all other Dispositive Motions.Parties to exchangewitness lists exhibit lists motions in limineproposed jury charges and deposition testimony designations forTrial Group 3.Deadline to exchange rebuttal deposition testimony designationsfor Trial Group 3.Pre trial Hearing for Trial Group 3.Trial 1 Setting in the 170th District Court Trial Group 3.

Signed on this Z m y ofDecember 2013.

H O N O ~ = ; ; = = ? I 4 ~ R C f - 7 t h ~ ~ C T C O U R T

west lawsuit case management orders

Documents