In re Spicewood Wildfire Litig.

• Decision Date: 21 May 2014
• Docket Number: No. 14–0250.,14–0250.
• Citation: 434 S.W.3d 873
• Court: Judicial Panel on Multidistrict Litigation
• Parties: In re SPICEWOOD WILDFIRE LITIGATION.

434 S.W.3d 873

In re SPICEWOOD WILDFIRE LITIGATION.

No. 14–0250.

Texas Judicial Panel on Multidistrict Litigation.

May 21, 2014.

Chief Justice CATHERINE STONE delivered the unanimous opinion of the MDL Panel.

GTE Southwest Incorporated d/b/a Verizon Southwest ("Verizon"), Perdenales Electric Cooperative, Inc. ("Perdenales"), and Utility Support Systems, Inc. n/k/a TRC Companies, Inc. ("TRC") have filed a motion to transfer 15 lawsuits pending in 7 district courts in Travis County to a single pretrial court for coordinated pretrial proceedings. For the reasons given below, we grant the motion.

BACKGROUND

In 2011, a brush fire near Spicewood, Texas burned for approximately eleven days, damaging approximately 6500 acres of land in Travis County. After the Travis County Fire Marshall concluded that low hanging electrical lines were a possible source of the fire, fifteen lawsuits were filed against Perdenales in seven different district courts in Travis County. With subsequent interventions, these lawsuits now involve 28 individual plaintiffs and 39 insurance companies representing 74 additional claimants. Verizon and TRC were subsequently added as additional defendants in the lawsuits.

Verizon, Perdenales, and TRC filed a joint motion for transfer asserting the 15 lawsuits share common issues of fact with regard to whether the defendants were negligent or liable for trespass and whether their actions were a proximate cause of the fire. Verizon, Perdenales, and TRC also assert the transfer will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation.

In their response to the motion to transfer, the plaintiffs/intervenors in the 15 lawsuits do not challenge the existence of common issues of fact. Instead, the plaintiffs/intervenors contend their requested consolidation under Rule 2.6 of the Travis County Local Rules of Civil Procedure and Rules of Decorum achieves the same result as a transfer to an MDL pretrial court. Therefore, the plaintiffs/intervenors contend the motion fails "to demonstrate that a transfer to the MDL in this case will create a more efficient process."

DISCUSSION

This panel is authorized to transfer related cases that involve one or more common questions of fact to a single pretrial judge if the transfer will: (1) serve the convenience of the parties and witnesses; and (2) promote the just and efficient conduct of the litigation. TEX. GOV'T CODE ANN. § 74.162 (Vernon 2013) ; TEX.R. JUD. ADMIN. 13.3(l ), reprinted in TEX. GOV'T CODE ANN., tit. 2, subtit. F. app. (Vernon 2013).

As previously noted, the plaintiffs/intervenors do not argue that the 15 cases are not related. See TEX.R. JUD. ADMIN. 13.2(f) (defining "related" as cases that "involve one or more common question of fact"). Similar to many of this panel's prior decisions, the 15 cases in question arise from a common event and the liability and causation issues will be substantially the same in all the cases. See, e.g., In re Continental Airlines Flight 1404, 387 S.W.3d 925, 929 (Tex.M.D.L.Panel 2009) (holding cases related based on common liability questions where lawsuits arose from aircraft fire that injured 37 passengers and crew members); In re Cano Petroleum, Inc., 283 S.W.3d 179, 181 (Tex.M.D.L.Panel 2008) (holding cases related based on common liability and causation questions where lawsuits arose from a wildfire which swept 480,000 acres); In re Hurricane Rita Evacuation Bus Fire,

216 S.W.3d 70, 72 (Tex.M.D.L.Panel 2006) (holding cases related based on common liability issues where lawsuits arose from a bus fire that killed 23 people and injured several others). Accordingly, we conclude the 15 lawsuits are related.

In addition to the cases being related, we also conclude that assigning the cases to one judge for pretrial matters will minimize inconvenience to the witnesses and parties and promote the just and efficient handling of the cases. In reaching this conclusion, we considered factors such as "duplicative discovery and depositions, and potentially conflicting orders." In re Continental Airlines Flight 1404, 387 S.W.3d at 930. We are persuaded that the liability issues will involve many of the same fact and expert witnesses and coordinating discovery will avoid duplicative discovery and multiple depositions. We are also persuaded that consolidation will promote consistent rulings on dispositive motions and protective orders.

Apparently recognizing that consolidation will minimize inconvenience and promote efficiency, the plaintiffs/intervenors' primary argument is that the assignment of a single judge under Travis County Local Rule 2.6 provides the same efficiencies as an MDL transfer. We disagree.

After the motion for transfer and response were filed in this case, the local administrative judge of the Travis County District Courts signed an order assigning the 15 lawsuits to a single judge. The order expressly stated, however, that the cases were "not being consolidated" and were being assigned "for pretrial matters only." Unlike Travis County Local Rule 2.6 which fails to specify what pretrial matters the assigned judge can consider,¹ Rule 13.6 of the Texas Rules of Judicial Administration expressly lists twelve matters an MDL pretrial court can undertake, including scheduling discovery proceedings and...