IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA

Filing 106

REPORTED SCHEDULING ORDER establishing Discovery and Pre-Trial deadlines, including Fact Discovery due by 10/5/2018, Exchange of Expert Reports due by 11/5/18, Expert Discovery due by 12/7/2018, Statement of Material Facts to Support Motion for Summary Judgment due by 1/11/2019, Response to Statement of Material Facts due by 1/18/2019, Joint Certification due by 3/8/2019, and Pre-Trial Memorandum of Law due by 3/25/2019.. Signed by Chief Judge Susan G. Braden. (cn) Service on parties made.

In the United States Court of Federal Claims
Filed: July 2, 2018
IN RE DOWNSTREAM ADDICKS
AND BARKER (TEXAS) FLOODCONTROL RESERVOIRS

Sub-Master Docket No. 17-9002L

THIS DOCUMENT APPLIES TO:
ALL DOWNSTREAM CASES

SCHEDULING ORDER
On July 2, 2018, the court convened a telephone status conference during which the parties
discussed the schedule in the above-captioned case. After considering the parties’ argument at
that status conference, the court has determined that the following schedule will supersede prior
Scheduling Orders and govern this case:
October 5, 2018

Fact Discovery Concludes.

November 5, 2018

Both Parties Simultaneously Will Exchange Expert Reports.

December 7, 2018

Expert Discovery Concludes.

January 11, 2019

The Government Will File A Statement Of Material Facts
To Support Any Motion For Summary Judgment, Together
With Any Affidavits Or Declarations. See Rule of the
United States Court of Federal Claims (“RCFC”) 56(a).

January 18, 2019

Plaintiffs Will File A Response, Either Accepting Or
Rejecting The Government’s January 11, 2019 Statement Of
Material Facts. (If Plaintiffs Accept The Government’s
January 11, 2019 Statement Of Material Facts, The Court
Will Set A Briefing Schedule On February 1, 2019. If
Plaintiffs Do Not Accept The Government’s January 11,
2019 Statement Of Material Facts, A Pre-Trial Conference
Will Be Held On February 1, 2019.).

February 1, 2019

The Court Will Issue A Briefing Schedule For Summary
Judgment And Oral Argument, Pursuant To RCFC 56, Or A
Pre-Trial Conference And Hearing Will Be Held At 10:00
A.M. (CST) At The United States District Court For The

Southern District Of Texas In Houston, Texas. See RCFC
App’x A, VI (Post-Discovery Proceedings).
February 28, 2019

Both Parties Will Meet And Confer And Designate And
Exchange Exhibit Lists, Including Any Exhibits To Be
Proffered As A Summary. See RCFC App’x A, VI 13 (b),
(c); see also FED. R. EVID. 1006.
Both Parties Will Meet And Confer And Designate And
Exchange Witness Lists, Including Experts And Rebuttal
Experts. See RCFC App’x A, VI 13(b), (c).
Both Parties Will Exchange The Direct Testimony Of
Experts.

March 8, 2019

Both Parties Will File A Joint Certification. See RCFC
App’x A, VI 13(d).

March 25, 2019

Both Parties Simultaneously Will File Any Pre-Trial
Memorandum Of Law (Optional).

April 8, 2019

An Evidentiary Hearing To Develop The Factual Record
Required To Adjudicate Contested Issues Concerning
Jurisdiction And A Trial On Liability Will Commence At
10:00 A.M. (CST) At The United States District Court For
The Southern District Of Texas In Houston, Texas. Both
Parties Will Provide Opening Statements.

April 9, 2019

The Court Will Conduct A Ground And Aerial Site Tour
With Both Parties’ Counsel And Expert Witnesses.

April 10, 2019

The Evidentiary Hearing And Trial Will Resume And
Continue Until Completion.

IT IS SO ORDERED.
s/ Susan G. Braden
Susan G. Braden
Chief Judge

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