Addicks/Barker Reservoirs Flooding Damages
DECEMBER 20, 2017
We attended the hearing before the Court today concerning the scheduling of the case. The judge expressed her displeasure of the extensions of time requested by the government, and denied the government’s requests. Although – the judge also indicated that she is willing to reconsider, if the government’s request is more reasonable.
The Court advised that, due to the unavailability of Judge Bruggink and Judge Horn, the Court will likely appoint just one judge for the upstream cases and one for the downstream cases. The parties discussed utilizing the “test property” approach (also referred to as “bellwether cases” by some) in lieu of litigating each and every single case. Judge Braden requested the government’s attorney to advise its position by January 4, 2018.
DECEMBER 12, 2017
The Court issued an order today, setting a hearing for Wednesday, December 20, 2017, at 10:300 a.m. in Courtroom 10-B in the United States District Court for the Southern District of Texas, at 515 Rusk Street, Houston, Texas. The Court is inviting comment to address alternative “reasonable and instructive recommendations about how to adjudicate jurisdiction and dispositive issues in these cases. This hearing is open to the public, although only the co-counsel appointed by the Court’s November 20, 2017 Orders will be recognized to address the Court.
DECEMBER 8, 2017
The Court issued an order today denying the Government’s motion to vacate. Judge Braden wrote:
The court will be issuing an Order in response to the Gov’t’s December 1 Motion to Vacate either today or Monday and does not believe any response from the plaintiffs is necessary. That Order, however, will ask both parties views about a potential modification to the court’s November 20th Orders.
Susan G. Braden, Chief Judge
United States Court of Federal Claims
DECEMBER 5, 2017
Judge Braden issued an order, consolidating the cases that fall under the “downstream” for the purpose of pretrial management. Judge Braden issued a similar order that also consolidated the “upstream” cases.
Per Judge Braden’s order, she has made the following assignments:
– The Honorable Susan G. Braden has been assigned to this Sub-Master Docket to manage jurisdictional discovery and adjudicate issues presented by any motion filed, pursuant to RCFC 12(b)(1)–(7).
– The Honorable Marian Blank Horn has been assigned to this Sub-Master Docket to manage pre-trial discovery and adjudicate all pre-trial dispositive motions.
– The Honorable Susan G. Braden has been assigned to this Sub-Master Docket to manage jurisdictional discovery and adjudicate issues presented by any motion filed, pursuant to RCFC 12(b)(1)–(7)
– The Honorable Charles F. Lettow has been assigned to this Sub-Master Docket to manage jurisdictional discovery and adjudicate issues presented by any motion filed, pursuant to RCFC 12(b)(1)–(7).
The Honorable Eric G. Bruggink has been assigned to this Sub-Master Docket to manage pre-trial discovery and adjudicate all pre-trial dispositive motions.
DECEMBER 1, 2017
The Government filed a motion to vacate to challenge Judge Braden’s November 20, 2017 order. The motion claims that the November 20 orders do not give the Government enough opportunity to “obtain meaningful fact and expert discovery,” and that these orders “will cause inefficiencies and waste, prejudice to the United States in defending the large number of claims presented, and potentially inconsistent and overlapping decisions.”
NOVEMBER 20, 2017
Judge Braden issued a total of four orders. In the order (Document 67), Judge Braden appointed our firm as one of the representatives for the individual cases.
Judge Braden’s order also appointed additional judges to the case, and established the following deadlines:
|Date||Judge Susan G. Braden (Downstream)||Judge Marian Blank Horn (Downstream)|
|Judge Charles F. Lettow (Upstream)||Judge Eric G. Bruggink (Upstream)|
|12/8/2017||the Government will file any Motion For A More Definite Statement, pursuant to RCFC 12(e).|
|12/15/2017||the parties will exchange Mandatory Initial Disclosures, including lists of documents and tangible items.|
|12/29/2017||the parties will exchange electronically stored information and hard-copy documents.|
|1/15/2018||Plaintiffs may file an Amended Complaint, consolidated or otherwise, in response to any motion filed on December 8, 2017, pursuant to RCFC 12(e).|
|1/30/2018||all initial disclosures and electronically stored information and hard copy documents filed in the pre-trial phase of this case, will be provided to opposing counsel.|
|2/15/2018||the Government will file any Motion To Dismiss, pursuant to RCFC 12(b)(1)-(7).|
|2/28/2018||the Government will file an Answer, pursuant to RCFC 7(a)(2), in response to any Amended Complaint filed on or beforeJanuary 15, 2018. Thereafter, the parties may conduct discovery, subject to court Order, including any expert discovery, to conclude no later than May 31, 2018.|
|3/15/2018||Plaintiffs will file any Response to the Government’s February 15, 2018 Motion To Dismiss.|
|4/2/2018||the Government will file any Reply to theMarch 15, 2018 Plaintiffs’ Response.|
|6/15/2018||the parties will file any dispositive motion(s), pursuant to RCFC 56.|
|7/14/2018||the court will convene an oral argument in the United States District Court for the Southern District of Texas, 515 Rusk Street, Houston, Texas on the Government’s February 15, 2018 Motion To Dismiss.|
|7/16/2018||the parties may file any Responses and/or Cross-Motions to May 14, 2018 dispositive motion(s)|
|7/31/2018||the parties simultaneously may file any Replies.|
|10/29/2018||the court will convene an oral argument in the United States District Court for the Southern District of Texas, 515 Rusk Street, Houston, Texas on any dispositive motions.|
NOVEMBER 1, 2017
Chief Judge of the Court of Federal Claims, the Honorable Susan Braden, along with Chief Judge of the Southern District of Texas, Houston Division – the Honorable Lee Rosenthal, held a hearing to determine the lead counsel for the Harvey flooding case.
OCTOBER 25, 2017
Our case was reassigned to Chief Judge Susan Braden of the Court of Federal Claims.
OCTOBER 17, 2017
Our lawsuit is filed with the Court of Federal Claims. The case is titled Young et al v. United States of America, Cause No. 17-1545L.
SEPTEMBER 9, 2017
The U.S. Army Corps of Engineers, Galveston District, announced that it will be slowing down the water release from the Addicks and Barker reservoirs.
AUGUST 27, 2017
(11:36 p.m.) The U.S. Army Corps of Engineers, Galveston District, announced that it has started releasing water from Addicks and Barker dams.
AUGUST 25, 2017
Hurricane Harvey made landfall in Texas.