Motion-Secondary: OCCIDENTAL CHEMICAL CORPORATION vs. TEXAS BRINE COMPANY LLC

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                                CAUSE NO. 2016-12352


                  OCCIDENTAL CHEMICAL                                       §               IN THE DISTRICT COURT
                  CORPORATION                                               §
                                                                            §
                  vs.                                                       §               HARRIS COUNTY, TEXAS
                                                                            §
                  TEXAS BRINE                                               §
                  COMPANY, LLC                                              §            333RD JUDICIAL DISTRICT

                       ORDER ON OXY’S MOTION AND SUPPLEMENTAL MOTION TO
                       CONFIRM INTERIM ARBITRATION AWARD ON FRAUDULENT
                                                          INDUCEMENT CLAIM

                           CAME ON FOR HEARING Occidental Chemical                                 Corporation’s        Motion (1)

                  to  Lift   Abatement,       (2)   to  Confirm      Arbitration      Award,     (3)   to  Sever    Confirmation

                  Order into Final Judgment, and (4) for Emergency Relief (“Occidental’s Motion”).

                  Also      CAME          ON      FOR        HEARING            Occidental         Chemical         Corporation’s

                  Supplemental Motion (1) to Lift Abatement, (2) to Confirm Arbitration Award, (3)

                  to  Sever    Confirmation         Order    into   Final   Judgment,       and   (4)   for  Emergency        Relief

                  (“Occidental’s        Supplemental         Motion”).       Having      considered       Occidental’s       Motion

                  and   Occidental’s       Supplemental        Motion     and   all  evidence, pleadings, and           arguments

                  submitted in support thereof and in opposition thereto, the Court concludes that the

                  motions should be GRANTED.

                           IT IS ORDERED THAT:

                           1.       The abatement in this case is lifted.
                           2.       The    Interim     Award      as   to   Fraudulent      Inducement         (June    29,   2017),
                                    attached     as  Exhibit    B  to  Occidental’s       Motion,     in  light  of  and    together
                                    with    the   Ruling      on   Texas     Brine’s     Motion      to   Reconsider        (July   7,
                                    2017),    attached     as   Exhibit    FF   to  Occidental’s       Supplemental         Motion,
                                    are CONFIRMED.

                           3.       The    Clerk   shall   sever   into   a  new   cause    number,      which    shall   be  Cause
                                    Number        2016-12352-A          and    which      shall    be   captioned       Occidental
                                    Chemical       Corporation       v.  Texas     Brine    Company,       LLC,    and    the  Clerk
                                    shall place in that matter:
                                       i.    This Order;
                                      ii.    Occidental’s        Motion       to   (1)    Lift    Abatement,         (2)   Confirm
                                             Arbitration      Award,      (3)   Sever     Confirmation         Order     into   Final
                                             Judgment, and (4) for Emergency Relief (June 14, 2017);
                                     iii.     Occidental’s       Supplemental         Motion     to  (1)   Lift  Abatement,        (2)
                                             Confirm      Arbitration      Award,     (3)  Sever    Confirmation        Order     into
                                             Final Judgment, and (4) for Emergency Relief (July 13, 2017);
                                     iv.     Occidental’s        Supplemental         Memorandum            in   Support      of    Its
                                             Motion      to   Confirm,       and    Supplemental         Motion       to  Confirm,
                                             Arbitration Award on Fraud (July 28, 2017);
                                      v.     All  exhibits, including those filed under seal                 and those not       filed
                                             under    seal,   that   were    exhibits    to  the   above-listed      motions      and
                                             memoranda or were filed separately as supplemental exhibits to
                                             those motions and memoranda.

                                    The     new      matter     shall    include      as    parties     Occidental        Chemical
                                    Corporation       and    Texas    Brine    Company,        LLC.      Occidental       Chemical
                                    Corporation shall pay for the costs of severance.

                           4.       Upon     such   severance      of   this  Order    into   a new    cause    number,      (a)  this
                                    Order    constitutes     a  Final   Judgment       in  that  new    cause    number,      in  that
                                    this  Order    finally    disposes     of  all parties    and   claims    in  that  new    cause
                                    number;      (b)  this  Order     impliedly     denies    all  relief   that  is  requested     in
                                    that   new    cause    number      but   not   expressly     granted     in  this   Order;    and
                                    therefore      (c)   this   Order     is  entitled     to   res   judicata     and    collateral
                                    estoppel     effects    once    this   Court    loses    plenary     jurisdiction     over    this
                                    Order.


                           SIGNED this ________ day of ________ 2017.
                                                                                 ______________________________
                                                                                 JUDGE, 333rd Judicial District Court
                                                                                 Harris County, Texas