Order: HARRIS COUNTY TEXAS vs. INTERNATIONAL PAPER COMPANY (SUCCESSOR TO CHAMPION

• 
• 
• 
• 
• 
• 

						
                                
Preview
                                11/22/2013 01:21:46 PM                       713-755-1451                            Page 2/4
                                                                                        Filed 13 November 22 P1:22
                                                                                        Chris Daniel - District Clerk
                                                                                        Harris County
                                                                                        FAX15635321

                                                CAUSE NO. 2011-76724
                                                                                                            -3
                                                                                                      HCORK
            HARRIS COUNTY, TEXAS. Plaintiff,                §       IN THE DISTRICT COURT OF

            and

            THE STATE OF TEXAS, acting by and
            through the TEXAS COMMISSION ON
            ENVIRONMENTAL QUALITY, «
            necessary and indispensable party
                                                                    HARRIS COUNTY, TEXAS
            Vv

            INTERNATIONAL PAPER COMPANY,
            MCGINNES INDUSTRIAL
            MAINTENANCE CORPORATION,
            WASTE MANAGEMENT, INC., AND
             WASTE MANAGEMENT           OF TEXAS,
            INC., Defendants.                               §       295th JUDICIAL DISTRICT

                                                CAUSE NO. 2012-58016

             DAO VAN PHO, ef al, Plaintiffs,                §       IN THE DISTRICT COURT OF

             v

             INTERNATIONAL PAPER COMPANY,                           HARRIS COUNTY, TEXAS
             MCGINNES INDUSTRIAL
             MAINTENANCE CORPORATION,
             WASTE MANAGEMENT, INC., AND
             WASTE MANAGEMENT OF TEXAS,
             INC., Defendants                                   §   425th JUDICIAL DISTRICT

                                                 CAUSE NO. 2012-66308

             JIM HARPSTER AND JENNIFER                          §   IN THE DISTRICT COURT OF
              HARPSTER, et af, Plaintiffs,                      §
              v                                                 §
              INTERNATIONAL PAPER COMPANY,                      8   HARRIS COUNTY, TEXAS
              MCGINNES INDUSTRIAL
              MAINTENANCE CORPORATION,
              WASTE MANAGEMENT, INC., AND
              WASTE MANAGEMENT OF TEXAS,
                 INC., Defendunts.                              §   11th JUDICIAL DISTRICT
11/22/2013 01:21:46 PM                     713-755-1451                                  Page 3/4




                                              SCHEDULING          ORDER

            04/15/13     Joinder: All parties must be added, whether by amendment,              designii:on     of
                         responsible third parties, or third party practice, by this date.

            06/24/13     Plaintiffs’ Expert Witness Designation: Plaintiffs’ expert witness desis ations
                         and expert reports are required and must be served by this date, except for ‘eports
                         from attorneys’ fees experts. The designation must include the informatiur listed
                         in Rule 194.2(f). Any parly against whom an expert designation is mide may
                         serve a rebuttal report within thirty (30) days of this date.

            08/16/13     Defendants’ Expert Witness Designation:              Defendants’ expert witness
                         designations and expert reports are required and must be served by this date,
                         except for reports from attorneys’ fees experts, The designation must include the
                         information listed in Rule 194.2(f).        Any party against whom an expert
                         designation is made may serve a rebutial report within thirty (30) days of this
                         date.

            09/09/13     Pleadings: Ail amendments and supplements must be filed by this date.                This
                         order does not preclude prompt filing of pleadings directly responsive to any
                         timely filed pleadings.

            O7/2/14      Discovery Period Ends: All discovery must be conducted before the end of the
                         discovery period. Parties seeking discovery must serve requests sufficien'ly far in
                         advance of the end of the discovery period that the deadline for responding will be
                         within the discovery period.    Discovery can be extended beyond this cate by
                         agreement of the parties.

            07/24/14     Dispositive Motions and Pleas: All summary judgment motions must be filed by
                         this date.   Summary judgment motions may be heard and resolved by ths Courtae
                         A court conference will be held on July 28, 2014 to determine whether pa ticular            ySSnLa.
                         dispositive motions will be heard in the 295th or by the courts of o" gin, as
                         discussed on the record,

            O7/18/14     Challenges to Expert Testimony: All motions to exclude expert testimony and
                         evidentiary challenges to expert testimony must be filed by this dale. Expert
                         challenges will be heard and resolved by this Courtas to Corrriner”              3S         .

            08/2o/14     Alternative Dispute Resolution: By this dale the parties must either (1: file an
                         agreement for ADR stating the form of ADR requested and the name of ar agreed
                         mediator, if applicable, or (2) set an objection to ADR.     If no agrecsucnt or
                         objection is filed, the court may sign an ADR order. ADR conducted pursuant to
                         the agreement of the parties must be completed by this date.




                                                            2.
11/22/2013 01:21:46 PM                     713-755-1451                                Page 4/4




            09/23/14     Pretrial begins (Harris County case):        Parties shall be prepared to dis:uss all
                         aspects of trial with the Court on this date. Specific pretrial deadlines for .il! three
                         cases (e.g., motions in /imine, exhibit lisis, and witness lists) will be set al a later
                         date.

            09/30/14     Trial (Harris County case): Jury selection will begin.


                   Signed this > a        aay of          ecomtts             2013.
                                                                                       A       Brker
                                                             JUDGE PRESIDING




                                                            3.