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Case 1:17-cv-03000-MMS Document 143 Filed 02/07/19 Page 1 of 2

In the United States Court of Federal Claims


(Filed: February 7, 2019)

In re ADDICKS AND BARKER (TEXAS)


FLOOD-CONTROL RESERVOIRS
Master Docket No. 17-3000L

THIS DOCUMENT APPLIES TO:

ALL UPSTREAM CASES

ORDER

On January 7, 2019, the Master Docket in In re Addicks and Barker (Texas) Flood
Control Reservoirs, as well as all individually filed upstream and downstream cases, were
reassigned to the undersigned, and Sub-Master Docket 17-9002L was reassigned to the
Honorable Loren A. Smith. Sub-Master Docket 17-9001L remains assigned to the Honorable
Charles F. Lettow.

On January 30, 2019, the government filed in the Master Docket a motion requesting that
the undersigned convene a scheduling conference, with Judge Smith and Judge Lettow, to
establish a coordinated schedule in light of (1) the reassignment of the Master Docket and Sub-
Master Docket 17-9002L; (2) the changes to the schedules in both sub-master dockets arising
from the reassignment of Sub-Master Docket 17-9002L and the lapse in appropriations to the
United States Department of Justice from December 22, 2018, through January 25, 2019; (3) the
United States Supreme Court’s denial of the petition for a writ of certiorari in St. Bernard Parish
Government v. United States on January 7, 2019, leaving in place as binding precedent the
underlying decision of the United States Court of Appeals for the Federal Circuit, see 887 F.3d
1354 (Fed. Cir. 2018); and (4) the possibility that the cases filed by insurance companies might
need to be severed from the sub-master dockets and reassigned. Plaintiffs have not yet filed a
response.

The undersigned has conferred with Judge Smith and Judge Lettow regarding the
government’s motion. Based on those discussions, the undersigned will not convene a status
conference. Instead, the undersigned will leave it to Judge Smith and Judge Lettow to work with
the parties to schedule further proceedings in a manner best suited to the cases before them. In
addition, with respect to the insurance company cases on both sub-master dockets, 1 the

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Cases numbered 18-851L and 18-1102L are on Sub-Master Docket 17-9001L before
Judge Lettow, and cases numbered 18-144L, 18-463L, and 18-1697L are on Sub-Master Docket
17-9002L before Judge Smith.
Case 1:17-cv-03000-MMS Document 143 Filed 02/07/19 Page 2 of 2

undersigned will leave it to Judge Smith and Judge Lettow to determine whether severance and
reassignment is appropriate.

Accordingly, the government’s motion is DENIED.

IT IS SO ORDERED.

s/ Margaret M. Sweeney
MARGARET M. SWEENEY
Chief Judge

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