In Re Downstream Addicks and Barker (Texas) Flood-Control Reservoirs v. United States ( 2018 )

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