in Re: Texas State Silica Products Liability Litigation

ACCEPTED
01-15-00251-cv
FIRST COURT OF APPEALS
HOUSTON, TEXAS

M EH AFF'YW"EBER A TTORNE YS
Houston I Beaumont
J.
BARBARA BARRON 6/17/2015 4:35:58 PM
ATTORNEY AT LAW
CHRISTOPHER PRINE
CLERK
SHAREHOLDER
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See CR: 1873-1875. After Plaintiffs' record designation, the Defendants sought the inclusion of
additional items into the Appellate Record. See CR: 1876- 188 1.

A large number of necessary items, as far as the Defendants' response brief will be
concerned, are not, despite being identified by the parties, included in the Clerk's Record. For
example:
MEHAFFYWEBER

Page 3

• Exhibits A through H to the April 11 , 20 I 4 filing, which were identified by
Appellants' counsel for inclusion in the Clerk's Record (i.e. "including Exhibits A
through H"), were omitted;

• Exhibits I through IO to the April I 7, 20I4 filing, which were identified for inclusion
in the Clerk's Record by Appellants' counsel (i.e. "including Reply Exhibits I
through I 0"), were omitted;

• Appendix I through 3, and Exhibits D-I through D-71 to the June 3, 2014 filing,
which were identified for inclusion in the Clerk's Record by Appellants' counsel (i.e.
"including Appendix I through 3, and Exhibits D-1 through D-71 "),were omitted;

• Appendix A and B to the July 23, 2014 filing, despite being identified for inclusion in
the Clerk' s record by Appellants' Counsel, were omitted;

• Amended Exhibit D-57 that was filed under the August 6, 2014 letter and requested
for inclusion by Appellant's counsel, was omitted.
While the briefing or correspondence identified above are in the Clerk' s record, the actual
exhibits and appendices to those filings are not included in the Clerk's record. The same
problem appears to be present with respect to items the Appellants would presumably want to be
present in the Clerk' s Record, including over 107 Plaintiff-specific exhibits and a number of
general exhibits and appendices as well.

Because of the large volume of exhibits and appendicies that were requested but were not
included in the Clerk's record, if the District Clerk supplements the appellate record with all of
those exhibits at the end of the Clerk' s Record as it currently exists, it will be difficult for the
parties and the Court to associate particular exhibits with particular briefs/trial court filings. As
such, I believe it would be appropriate at this point, if possible, for an amended Clerk's record to
be prepared that includes all of the previously requested exhibits with the actual filings.

I know that the Court of Appeals indicated that the last extension would be the last for the
Appellants and I also know that it is the Appellant's burden to get the items included in the
appellate record that the Appellant needs in the record. However I do not want to be put in the
same position thart Appellants' counsel is currently in if the record is partially supplemented.

As such, as allowed by TEX.R.APP.P. 34.5(c)(1), I am asking that the Harris Couunty
District Clerk consider this a request that the Harris County District Clerk supplement the
Clerk' s Record for the above referenced appeal to the Court of Appeals for the First District.
Many of the below items and/or exhibits were omitted from the Clerk' s Record previously
prepared and filed in this matter. Please supplement the Clerk's Record with the following
items:
MEHAFFYWEBER

Page4

Date Harris County Document
District Clerk
"Image No." 1
12/ 12/2005 18118521 Order No. 11
07/30/2010 45960072 Certain Defendants' Additional Comments Concerning the
Suggested Amendment to Section 90.008
04/ 1112014 60396864 EXHffiiT A - H to Motion to Dismiss Plaintiff's Request for
(Main document) Injunctive Relief for Lack of Standing and Because Plaintiffs'
See Exhibit 1 for Complaints are Not Ripe or Alternatively Request for Order
list of " Image Nos" Compelling Plaintiffs to Demonstrate Standing and that Their
for Exhibits A - H. Constitutional Complaints are Ripe Before Entering a Briefing
Schedule.
04/15/2014 60426509 Defendants' Response to " Pla intiffs ' Steering Committee Motion to
(Main document) Stay Enforcement of Supplemental Case Management Order
Re lating to Dismissal Procedures under 90.0 I 0" INCLUDING
See Exhibit 2 for EXHffiiTS 1-28
list of " Image Nos"
for Exhibits 1 - 28 .
04/17/2014 60479421 EXHffiiTS 1-10 to Reply to Plaintiffs ' Response to Motion To
(Main document) Dismiss Plaintiffs Request for Injunctive Relief for Lack of
Standing and Because Plaintiffs' Complaints are Not Ripe or
See Exhibit 3 for Alternatively Request for Their Constitutional Complaints are Ripe
list of " Image Nos" Before Entering a Briefing Schedule and Memorandum of Law in
for Exhibits I - 10. Support
05/29/2014 60985701 Rule 11 Stipulation Regarding Constitutional Challenges to Chapter
90 of the Texas Civil Practice & Remedies Code
06/03/14 61057805 EXHffiiTS D-1 THROUGH D-71; APPENDIX 1; APPENDIX
(Main document) 2· APPENDIX 3· AND AFFIDAVIT to Opposition of
' '
Defendants' Steering Committee to Certain Plaintiffs' Request for a
See Exhibit 4 for Temporary Injunction in Connection with their Motion to Enjoin
list of " Image Nos" Enforcement of Sections 90.004 and 90.010 of the Texas Civil
for Exhibits D-1 to Practice & Remedies Code Because the Statute is Unconstitutional
D -71, Appendix 1
to Appendix 3, and
Affidavit.

1
The District Clerk assigns an "Image No." to filings that are scanned and uploaded onto the internet. Those
numbers are being provided to assist the District Clerk in locating the documents in the District Clerk's office. In
addition, Exhibits attached to this letter include printouts of excerpts of infonnation that contain the " Image No." of
many (but not all) items that are being requested from the District Clerk' s website.
MEHAFFYWEBER

Page 5

Date Harris County Document
District Clerk
"Image No." 1
06/03/2014 61067232 EXHffiiT D-71 (DVD) to Opposition of Defendants' Steering
Committee to Certain Plaintiffs' Request for a Temporary
See Exhibit 5. Injunction in Connection with their Motion to Enjoin Enforcement
Defendants of Sections 90.004 and 90.010 of the Texas Civil Practice &
Request that the Remedies Code Because the Statute is Unconstitutional
actual D VD be
it~cluded as part of
the Clerk's Record.
06/04/2014 61071525 AMENDED EXHffiiT D-61 to Opposition of Defendants'
Steering Committee To Certain Plaintiffs' Request for a Temporary
Injunction in Connection with Their Motion to Enjoin Enforcement
See Exhibit 6. of Sections 90.004 and 90.010 of the Texas Civil Practice &
Remedies Code Because the Statute is Unconstitutional
07/23/2014 61689809 APPENDIX A AND APPENDIX B to Supplemental Brief of
(Main Document) Defendants' Steering Committee in Support of the Constitutionality
of Tex. Civ. Prac. & Rem Code Chapter 90 FILED 7/23/2014
See Exhibit 7 for
list of " Image Nos"
for Appendix A
and Appendix B.
07/29/20 14.l 61777692 Juan Naves' Supplement to Chapter 90 Compliant Medical Report
(Main Document) with All Exhibits (Exhibit A)
(Styled in Cause No. 2004-70000, In re: Texas State Silica
See Exhibit 8. Products Liability Litigation, in the 333'd District Court of Harris
County, Texas and Cause No. 2005-79697, Robert Ramirez v. Air
Liquide America Corporation, et. a/., in the 333'd District Court of
Harris County, Texas)
08/22/2014 62082499 Objections to Medical Report of Plaintiff Juan Naves with All
Exhibits (Exhibits 1 and 2)
See Exhibit 8. (Styled in Cause No. 2004-70000, In re: Texas State Silica
Products Liability Litigation, in the 333'd District Court of Harris
County, Texas and Cause No. 2005-79697, Robert Ramirez v. Air
Liquide America Corporation, et. a/. , in the 333'd District Court of
Harris County, Texas)
12/23/2014 63623879 Juan Naves' Second Supplement to Chapter 90 Compliant Medical
Report with All Exhibits (Exhibit A)
See Exhibit 8. (Styled in Cause No. 2004-70000, In re: Texas State Silica
Products Liability Litigation, in the 333'd District Court of Harris
County, Texas and Cause No. 2005-79697, Robert Ramirez v. Air
Liquide America Corporation, et. a/., in the 333'd District Court of
Harris County, Texas)

2
Certain items pertaining to Plaintiff Naves and Plaintiff Tullos have not previously been requested.
MEHAFFYWEBER

Page6

Date Harris County Document
District Clerk
1
"lma2e No."
01 /01 /2015 63789807 Supplemental Objections to Medical Report of Plaintiff Juan Naves
with All Exhibits (Exhibit A)
See Exhibit 8. (Styled in Cause No. 2004-70000, In re: Texas State Silica
Products Liability Litigation, in the 333rd District Court of Harris
County, Texas and Cause No. 2005-79697, Robert Ramirez v. Air
Liquide America Corporation, et. a/., in the 333rd District Court of
Harris County, Texas)
01 /27/2015 63995569 Juan Naves' Third Supplement to Chapter 90 Compliant Medical
Report with All Exhibits (Exhibit A)
See Exhibit 8. (Styled in Cause No. 2004-70000, In re: Texas State Silica
Products Liability Litigation, in the 333rd District Court of Harris
County, Texas and Cause No. 2005-79697, Robert Ramirez v. Air
Liquide America Corporation, et. a/. , in the 333rd District Court of
Harris County, Texas)
02/09/2015 64 166536 Objection to Juan Naves Third Supplement to Chapter
Noncompliant Medical Report with All Exhibits (Exhibits A - C)
See Exhibit 8. (Styled in Cause No. 2004-70000, In re: Texas State Silica
Products Liability Litigation, in the 333rd District Court of Harris
County, Texas and Cause No. 2005-79697, Robert Ramirez v. Air
Liquide America Corporation, et. a/., in the 333rd District Court of
Harris County, Texas)
02/23/2015 64365845 Plaintiffs Response to Defendants' Objection to Third Supplement
to Chapter 90 Medical Report of Juan Naves with All Exhibits
See Exhibit 8. (Exhibits A - C)
(Styled in Cause No. 2004-70000, In re: Texas State Silica
Products Liability Litigation, in the 333rd District Court of Harris
County, Texas and Cause No. 2005-79697, Robert Ramirez v. Air
Liquide America Corporation, et. a/., in the 333rd District Court of
Harris County, Texas)
02/27/2015 64428924 Order on Plaintiff Juan Naves' Medical Report
(Styled in Cause No. 2004-70000, In re: Texas State Silica
See Exhibit 8. Products Liability Litigation, in the 333rd District Court of Harris
County, Texas and Cause No. 2005-79697, Robert Ramirez v. Air
Liquide America Corporation, et. a/., in the 333rd District Court of
Harris County, Texas)
07/29/2014 61890057 Billy Tullos' Supplement to Chapter 90 Compliant Medical Report
with All Exhibits (Exhibit A)
See Exhibit 9. (Styled in Cause No. 2004-70000, In re: Texas State Silica
Products Liability Litigation, in the 333rd District Court of Harris
County, Texas and Cause No. 2006-0 1960, James Van Allen v. Air
Liquide America Corporation, et. a/. , in the 333rd District Court of
Harris County, Texas)
09/22/2014 62446642 Order on Billy Tullos' Chapter 90 Medical Report
MEHAFFYWEBER

Page 7

Date Harris County Document
District Clerk
"Image No." 1
(Styled in Cause No. 2004-70000, In re: Texas State Silica
See Exhibit 9. Products Liability Litigation, in the 333rd District Court of Harris
County, Texas and Cause No. 2006-01960, James Van Allen v. Air
Liquide America Corporation, et. a/. , in the 333rd District Court of
Harris County, Texas)

Please file this letter with the papers as part of the record as a request to supplement the
Clerk' s Record.

Thank you for your time and consideration. If you should have any questions, please feel
free to contact one of us at our offices.

Very truly yours, Very truly yours,

Harvey Ferguson, Jr. '1~ Barbara J. Barron
Law Office of Harvey Ferguson, Jr., PLLC For the Firm
P.O. Box 1974
Canyon Lake, Texas 78133
Office: (830) 715-9276
Facsimile: (830) 715-9277
E-mail: harvey@hfergusonlaw.com

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MEHAFFYWEBER

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