Motion-Secondary: HARRIS COUNTY TEXAS vs. INTERNATIONAL PAPER COMPANY (SUCCESSOR TO CHAMPION

• 
• 
• 
• 
• 
• 

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




                                                   CAUSE NO. 2011-76724

            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
            ¥.


            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 a., Plaintiffs,                    §       IN THE DISTRICT COURT OF

            Vv.

            INTERNATIONAL PAPER COMPANY,                               HARRIS COUNTY, TEXAS
            MCGINNES INDUSTRIAL
            MAINTENANCE CORPORATION.
            WASTE MANAGEMENT,               INC., AND
            WASTE MANAGEMENT OF TEXAS,
            INC., Defendants.                                      8   425th JUDICIAL DISTRICT

                                                    CAUSE NO. 2012-66308

            JIM HARPSTER AND JENNIFER,                             §   IN THE DISTRICT COURT OF
             HARPSTER,     et al, Plaintiffs,
             ¥


             INTERNATIONAL PAPER COMPANY,                              HARRIS COUNTY, TEXAS
             MCGINNES INDUSTRIAL
             MAINTENANCE CORPORATION,
             WASTE MANAGEMENT, INC., AND
             WASTE MANAGEMENT OF TEXAS,
             INC., Defendants.                                     §   11th JUDICIAL DISTRICT
11/22/2013 01:21:46 PM                       713-755-1451                                 Page 3/4




                                                SCHEDULING         ORDER

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

            06/24/13     Plaintiffs’ Expert Witness Designation:         Plaintiffs’   experl 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 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 rebutlal report within thirty (30) days of this
                         date.

            09/09/13     Pleadings:    All 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.

            07/02/14     Discovery Period Ends:       All discovery must be conducted before the end of the
                         discovery period.    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.       Discovery   can be extended beyond this date 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 this Court.
                         A court conference will be held on July 28, 2014 to determine whether particular
                         dispositive motions will be heard in the 295th or by the courts of origin, 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 date, Expert
                         challenges will be heard and resolved by this Court.

            08/29/14     Alternative Dispute Resolution    By this date the parties must either (1) file an
                         agreement for ADR stating the form of ADR requested and the name of an agreed
                         mediator, if applicable; or (2) set an objection to ADR.  If no agreement or
                         objection is filed, the cout 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 discuss all
                           aspects of trial with the Court on this date. Specific pretrial deadlines for all three
                           cases (e.g., motions t# imine, exhibit lists, and witness lists) will be set at a later
                           date.

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


                   Signed this               day of                            ,2013,

                                                               JUDGE PRESIDING




                                                              3.