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

Filing 102

UNREPORTED ORDER SEVERING UPSTREAM CLAIMS AND DOWNSTREAM CLAIMS IN 17-1652L INTO TWO SEPARATE DOCKETS. Signed by Chief Judge Susan G. Braden. (cn) Copy to parties.

In the United States Court of Federal Claims
Filed: December 5, 2017
IN RE ADDICKS AND BARKER
(TEXAS) FLOOD-CONTROL
RESERVOIRS

Master Docket No. 17-3000L

THIS DOCUMENT APPLIES TO:
Blayney, et al. v. United States,
No. 17-1652L

ORDER SEVERING UPSTREAM CLAIMS AND DOWNSTREAM CLAIMS INTO
TWO SEPARATE DOCKETS
On November 13, 2017, the court issued an Order Requiring Case Identification, that
stated:
1. On or before November 27, 2017, plaintiffs in each case must file a Case Identification
Notice in In re Addicks and Barker (Texas) Flood-Control Reservoirs, Master Docket No.
17-3000L, identifying whether the case concerns “upstream” or “downstream” claims.
2. In any case that includes both upstream and downstream claims, a separate Case
Identification Notice must be filed in In re Addicks and Barker (Texas) Flood-Control
Reservoirs, Master Docket No. 17-3000L, indicating which named plaintiffs own upstream
properties and which named plaintiffs own downstream properties. In each case, the court
will direct the Clerk of Court to sever the claims of the upstream plaintiffs and the claims
of the downstream plaintiffs into two separate dockets. Documents filed in the original
docket need not be refiled in the newly created docket. Parties with questions about this
procedure should contact the Clerk of Court at [phone].
3. Once each case has been identified, as set forth herein, the Clerk of Court will divide In re
Addicks and Barker (Texas) Flood-Control Reservoirs, Master Docket No. 17-3000L, into
two Sub-Master Dockets, as follows:
a. In re Upstream Addicks and Barker (Texas) Flood-Control Reservoirs, Sub-Master
Docket No. 17-9001L; and
b. In re Downstream Addicks and Barker (Texas) Flood-Control Reservoirs, SubMaster Docket No. 17-9002L.
ECF No. 10 (footnote omitted).

On November 27, 2017, Plaintiffs in Blayney, et al. v. United States, No. 17-1652L, filed
a Case Identification Notice in In re Addicks and Barker (Texas) Flood-Control Reservoirs, Master
Docket No. 17-3000L, that states
Plaintiffs Chris Blayney, Quynh Thanh Tran, Linh Pham, Juan Carlos Flores, Anna
Jerez, Sam Van Nguyen, Son Vu Thi Nguyen, Luis Lares Medrano, Ana Medrano,
Miguel Basurto, Okson Torres, Mai Thi Tran, Hanh Thanh Nguyen, and Phuong
Thi Nguyen hereby provide notice that the claims brought by and through this
herewith action should be classified and identified as “upstream.”
Plaintiffs Van T. Nguyen and Ngoc Nga Trang Tran hereby provide notice that the
claims brought by and through this herewith action should be classified and
identified as “downstream.”
ECF No. 97.
Based upon a review of Plaintiffs’ November 27, 2017 Case Identification Notice, it is
hereby ORDERED:
1. The Clerk of Court is directed to sever all upstream claims identified by Plaintiffs’
November 27, 2017 Case Identification Notice, so that the upstream claims will be a
separate action, designated by docket number 17-1652-1L.
2. The Clerk of Court is directed to sever all downstream claims identified by Plaintiffs’
November 27, 2017 Case Identification Notice, so that the downstream claims will be a
separate action, designated by docket number 17-1652-2L.
3. The Clerk of Court is directed to list the attorneys-of-record in docket number 17-1652-1L
and docket number 17-1652-2L as follows:
a. For Plaintiffs:
Minh-Tam Tammy Tran
Tammy Tran Law Firm
2915 Fannin
Houston, TX 77002
[phone]
[phone] (fax)
[e-mail]
b. For the United States:
Jacqueline Camille Brown
U.S. Department of Justice (ENRD)
Ben Franklin Station
P.O. Box 7611
Washington, DC 20044
[phone]
[phone] (fax)
[e-mail]

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4. Docket number 17-1652-1L and docket number 17-1652-2L will include all prior filings
made in Blayney, et al. v. United States, No. 17-1652L and In re Addicks And Barker
(Texas) Flood-Control Reservoirs, Master Docket No. 17-3000L. Therefore, this Order
does not require the parties to refile any documents.
Pursuant to the court’s November 13, 2017 Order Requiring Case Identification, after the
Clerk of Court divides In re Addicks and Barker (Texas) Flood-Control Reservoirs, Master Docket
No. 17-3000L, into the two aforementioned Sub-Master Dockets, all filings related to upstream
claims in docket number 17-1652-1L will be made in In re Upstream Addicks and Barker (Texas)
Flood-Control Reservoirs, Sub-Master Docket No. 17-9001L and all filings related to downstream
claims in docket number 17-1652-2L will be made in In re Downstream Addicks and Barker
(Texas) Flood-Control Reservoirs, Sub-Master Docket No. 17-9002L.
IT IS SO ORDERED.
s/ Susan G. Braden
SUSAN G. BRADEN
Chief Judge

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