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EXHIBIT A-1
Case 2:17-cv-00332 Document 2 Filed in TXSD on 10/24/17 Page 2 of 15
Filed
9/22/2017 5:37 PM
Anne Lorentzen
District Clerk
Nueces County, Texas
Plaintiffs,
V. NO.
Plaintiffs Ocean View Development, Ltd., Port Shore Investments, Inc., Vishal Investments,
Ltd., Portland Properties, Inc., JVM Hotel, LLC and Portland Development, Inc. (collectively,
"Plaintiffs") file this Original Petition and Request for Disclosure against voestalpine Texas Holding
LLC ("voestalpine Holding") and voestalpine Texas LLC ("voestalpine Texas") (collectively,
"Defendants"), and for cause of action would show the Court as follows:
I.
DISCOVERY-CONTROL PLAN
1.1 Plaintiffs intend to conduct discovery under Level 3 of Texas Rule of Civil Procedure
190.4 and affirmatively plead that this suit is not governed by the expedited-actions process in Texas
Rule of Civil Procedure 169 because Plaintiffs seek relief over $100,000.00.
II.
RELIEF
RFD Page 1
Or/Al//al Pc/i/ion wi/h
Case 2:17-cv-00332 Document 2 Filed in TXSD on 10/24/17 Page 3 of 15
III.
THE PARTIES
3.1 Plaintiff Ocean View Development, Ltd. is a Texas limited partnership with its
3.2 Port Shore Investments, Inc. is a Texas for-profit corporation with its principal place
3.3 Vishal Investments, Ltd, is a Texas limited partnership with its principal place of
3.4 Portland Properties, Inc. is a Texas for-profit corporation with its principal place of
3.5 JVM Hotel, LLC is a Texas limited liability company with its principal place of business
3.6 Portland Development, Inc. is a Texas for-profit corporation with its principal place
limited liability company, having its principal place of business in Portland, Texas and may be served
with process through its registered agent for service, CT Corporation System, 1999 Bryan Street,
3,8 Defendant voestalpine Texas LLC ("voestalpine Texas") is a foreign limited liability
company, having its principal place of business in Portland, Texas and may be served with process
through its registered agent for service, CT Corporation System, 1999 Bryan Street, Suite 900,
Iv.
JURISDICTION & VENUE
4.1 This Court has jurisdiction over the lawsuit because the amount in controversy exceeds
4.2 Venue is proper in Nueces County, Texas pursuant to Texas Civil Practice and
Remedies Code 15.002(a)(1) because all or a substantial part of the events or omissions giving rise
to the claim occurred in Nueces County, Texas. Specifically, the voestalpine direct reduction facility
V.
FACTS
5.1 The voestalpine Group ("voestalpine") is a steel-based technology and capital goods
group and a world leader in the manufacture, processing, and development of sophisticated steel
products.2 voestalpine supplies technology-intensive sectors, such as the automotive, railway, aviation,
5.2 Defendant voestalpine Texas LLC ("voestalpine Texas") is the local presence of the
5,3 The Project is voestalpine's largest foreign direct investment and purportedly a major
step in achieving a low-carbon economy. Specifically, the Project converts pee-processed iron oxide
pellets into highly metallized iron in the form of Hot Briquetted Iron (HBI).
Id,
4 See
5.4 Defendants claim that the layout of the Project is "designed with our neighboring
communities and the environment in mind, The application of best available emission control
technologies, the construction of berms and buffer zones and the creation of artificial shallow water
habitats ensures that this state-of-the-art facility will have no adverse effect on neighboring
We will operate in a way that is safe for the community and our employees
We will engage in and honest and open dialogue and respond quickly and fully to
questions
We will provide the community a Project update on a regular basis through a range of
communications channels
We will provide opportunities for local businesses to maximize the Project's local
content
We will maximize opportunities for local employment and training by working with
government and regional educational and training institutions,"
5.6 During operations at the Project, "black material" in particulate form was emitted
from the Project and onto private property in Portland, Texas. Defendant voestalpine Texas refers to
the particulate matter as the "black material" in a June 1, 2017 press release.'
5.7 The ''black material" originated from operations at the Project in the months of April,
May, June, July, August, September 2017 and landed on Plaintiffs' properly in the months of April,
5.8 The ''black material" can (and does) cause rust, it is corrosive, has magnetic and
5.9 Defendant voestalpine Texas was aware of the potential for "fugitive dust" from iron
oxide storage before plant completion at the Project and even represented to the public that there
5,10 On May 28, 2017, however, a fly-over confirmed that the iron oxide pellet storage was
5.11 Before June 7, 2017, Defendant voestalpine Texas represented to the public that the
512 On June 7, 2017, however, a fly-over confirmed that the iron oxide pellet storage was
5.13 Defendant voestalpine Texas knew prior to April 1, 2017 that fugitive dust from the
Project would he picked up by the wind and would be dropped on Plaintiffs' property in Portland,
Texas,
5.14 Defendant voestalpine Texas knew prior to April 1, 2017 that the Portland, Texas area
5.15 Defendant voestalpine Texas accepts responsibility for creating the "black material"
and has agreed to pay for certain property damage caused by the "black material" in Portland, Texas.
'
hi ills:
5,16 The. "black material" contains iron and as of April 1, 2017, Defendant voestalpine
5.17 The potential for fugitive ''black material" to migrate to private property decreases
5.18 Plaintiffs have been damaged as a direct result of the emissions of "black material"
5.19 Upon information and belief, the black dust that emanated (and continues to emanate)
from the Project is potentially harmful and/or corrosive and poses an immediate threat to the property
of Plaintiffs.
5.20 Upon information and belief, Defendants share common officers and directors and
5.21 Upon information and belief, Defendants were set up for voestalpine AG's Texas
5.22 Upon information and belief, Defendants operate with little to no distinction among
VI.
CAUSES OF ACTION
NEGLIGENCE
6.1 Plaintiffs incorporate by reference each preceding paragraph as though fully set forth
herein.
6.3 voestalpine Texas, LLC owed a legal duty to act as a reasonably prudent landowner.
6.4 voestalpine Texas, LLC had knowledge that if not covered and contained, fugitive dust
6.5 By the failure to exercise reasonable care, the fugitive "black material" in particulate
6.6 Plaintiffs allege that the "black material" emissions from the Project and the resulting
injuries and damages suffered by Plaintiffs were (and continue to be) caused by the negligence and
fault of Defendants, including but not limited to the following acts and omissions:
b. Failure to have a reliable system or device at the Project to prevent the release
and/or warn of the release of "black material" and other potentially harmful
toxins;
d. Failure to exercise reasonable and prudent care in the operations which were
occurring at the Project on the date(s) at issue;
i. Failing to inspect and maintain the equipment associated with the direct
reduction process;
I. Operating the Project with equipment and processes that defy reasonable
engineering, industry and regulatory practices;
v. Failing to follow industry best practices and/or standards for sequestering the
"black material" and other potentially harmful toxins;
Y. Such other acts and omissions which may be discovered through discovery
and presented at trial.
6,7 As a result of these negligent acts and omissions, Plaintiffs have been damaged.
GROSS NEGLIGENCE
6.8 Plaintiffs incorporate by reference each preceding paragraph as though fully set forth
herein.
6.9 Plaintiffs would show that the conduct of Defendants described herein constitutes
gross negligence. Defendants are liable to Plaintiffs for gross negligenceto wit:
Plaintiffs;
6.10 voestalpine Texas, LLC's own \vebsite confirms it had knowledge about the potential
for fugitive dust migrating off of the Project if not covered and contained.
6.11 Despite such knowledge, voestalpine Texas, LLC intentionally failed to cover and
result of such gross negligence of Defendants, Plaintiffs are entitled to exemplary damages.
NEGLIGENCE PER SE
6.13 Plaintiffs incorporate by reference each preceding paragraph as though fully set forth
herein.
6.14 Defendants' actions violate Texas law (including without limitation, the Texas Clean
Air Act, Chapter 382 of the Texas Health and Safety Code, Chapter 7 of the Texas Water Code, and
TCHQ rules and orders promulgated under these statutes) which are intended to protect the public's
health and safety by regulating plant operations, emissions and the reporting of toxic chemical
emissions, releases, leaks and spills. Plaintiffs are among those classes of persons intended to be
6.15 As a result of these unprecedented acts and omissions by Defendants, such violations
6.16 The aforementioned flagrant and continuous violations by the Defendants of state
laws and regulations have been and presents the proximate cause of Plaintiffs' damages.
6.17 Plaintiffs incorporate by reference each preceding paragraph as though fully set forth
herein.
6.18 Plaintiffs further allege that the operation of the Project in its original and defective
condition was extremely hazardous and fraught with danger, and therefore, constituted an ultra-
6.19 Accordingly, Defendants are strictly liable for Plaintiffs' injuries and damages
proximately caused by the release of the "black material" into the atmosphere.
6,20 Plaintiffs re-allege each and every allegation set forth above.
6,21 Plaintiffs own or occupy land and real property near the Project and have been (and
continue to be) affected by Defendants' conduct during the relevant time period.
6.22 Defendants' acts and omissions, beginning no later than April 1, 2017, caused the
6.23 The ongoing release of the "black material" substantially trespassed upon, interfered
with, and invaded Plaintiffs' use and enjoyment of their land and real property.
6.24 Defendants' acts and omissions clearly impair the comfortable enjoyment of life and
property for Plaintiffs and have caused Plaintiffs extreme annoyance, discomfort, fear and loss of
peace of mind.
6.25 Further, the acts and omissions complained herein caused contamination of Plaintiffs'
property.
6.26 Defendants, for their own purpose and economic profit, chose to create, handle,
maintain in the uncovered and unsecured condition the "black material" at the Project.
6.27 In doing so, Defendants permitted the "black material" to be released into the
atmosphere.
property of Plaintiff is actionable under the rules controlling liability for negligent or reckless conduct,
Defendants engaged in an abnormally dangerous activity, Defendants are strictly liable to Plaintiffs
6.31 Plaintiffs incorporate by reference each preceding paragraph as though fully set forth
herein.
6.32 Plaintiffs would show that Defendants, in furtherance of their business interests,
caused the aforementioned "black material" to be produced and released during the conduct of their
of the abnormally dangerous activity at the Project, caused the property of Plaintiffs to he invaded by
the aforementioned the "black material", causing great and substantial harm to the Plaintiffs.
6.34 Defendants' operations at the Project caused the "black material" to enter Plaintiffs'
personal property.
6.35 Defendants' operations at the Project caused the "black material" to enter Plaintiffs'
real property.
6.36 Plaintiffs did not consent to Defendants causing the "black material" to enter their
6.37 As a direct and proximate result of Defendants' trespass, Plaintiffs have been damaged.
VII.
DAMAGES
7.1 Plaintiffs have suffered actual damages some of which include, but are not limited to:
a) Property damage;
b) Out of pocket damages related to the removal of the substance and continued
maintenance to real property;
c) Out of pocket damages related to the removal of the substance and continued
maintenance to personal property;
d) Diminished market value and/or complete loss of market value of real property;
0 Other property and economic damages which will be more clear after further
inquiry is made and which will accrue over time,
VIII.
EXEMPLARY DAMAGES
8,1 Asja result of the gross negligence of Defendants, they should have exemplary damages
assessed against them in such an amount as the jury may find appropriate.
8,2 Such gross negligence was a proximate cause of the incident made the basis of this
suit, the injuries to Plaintiffs, and the damages sustained by the Plaintiffs.
IX.
JURY DEMAND
9.1 Plaintiffs demand a jury trial and tender the appropriate fee with this petition.
X.
CONDITIONS PRECEDENT
10,1 All conditions precedent to Plaintiffs' claims for relief have been performed or have
occurred,
XI.
11.1 Pursuant to Texas Rule of Civil Procedure 194, Plaintiffs request that Defendants
disclose, within fifty (50) days of the service of this request, the information or material described in
Rule 1942.
PRAYER
appear and answer herein, that this cause be set for trial before a jury, and that Plaintiffs have and
recover judgment of and from Defendants, jointly and severally, for their actual and exemplary
damages in such amount as the evidence may show and the jury may determine to be proper, together
with attorneys' fees, prejudgment interest, post-judgment interest, costs of court, and such other and
ANDERSON2X, PLLC
Austin W. Anderson
Texas Bar No. 24045189
FRAZER PLC
EXHIBIT A-2
10/19/2017 odypa.co.nueces.tx.us/PublicAccess/CaseDetail.aspx?CaselD=2471640
Case 2:17-cv-00332 Document 2-1 Filed in TXSD on 10/24/17 Page 2 of 3
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REGISTER OF ACTIONS
CASE No. 2017CCV-61780-4
I Make Payment j
Ocean View Development, Ltd.,Port Shore Investments, lnc.,Vlshal Case Type: Injury or Damage Other
Investments, Ltd., et al vs. Voestalplne Texas Holding LLC,Voestalpine Date Filed: 09/22/2017
Texas LLC Location: CCAL4
pAllTY INFORMATION
Attorneys
Defendant Voestalplne Texas Holding LLC
Stuart R. White
Retained
361-826-01 OO(W)
Stuart R. White
Retained
361-826-0100(W)
Stuart R. White
Retained
361-826-0tOO(W)
Stuart R. White
Retained
361-826-01 OO(W)
Stuart R. White
Retained
361-826-0100(W)
http:f/odypa.co.nueces.tx.us/PublicAccess/CaseDetail.aspx?CaselD=2471640 112
10/19/2017 odypa.co.nueces.tx.us/PublicAccess/CaseDelail.aspx?CaselDao2471640
Case 2:17-cv-00332 Document 2-1 Filed in TXSD on 10/24/17 Page 3 of 3
Stuart R. While
Retained
361-82S.01 OO(W)
Fn<ANCIAL INFORMATION
I Make Payment I
Plalntiff Ocean View Development, Ltd.
Total Financial Assessment 310.00
Total Payments and Credits 305.00
Balance Due as of 10/19/2017 5.00
http:f/odypa.co.nueces.tx.us/PublicAccess/CaseDeta!l.aspx?Case[D=2471640 212
Case 2:17-cv-00332 Document 2-2 Filed in TXSD on 10/24/17 Page 1 of 3
EXHIBIT A-3
Case 2:17-cv-00332 Document 2-2 Filed in TXSD on 10/24/17 Page 2 of 3
Filed
10/17/2017 8:23 AM
Anne Lorentzen
District Clerk
Nueces County, Texas
AFFIDAVIT OF SERVICE
Plaintiff:
OCEAN VIEW DEVELOPMENT LTD, PORT SHORE INVESTMENTS INC,
VISUAL INVESTMENTS LID, PORTLAND PROPERTIES INC. JVM HOTEL
ISO AND PORTLAND DEVELOPMENT INC
VS.
Defendant:
VOESTALPINE TEXAS HOLDING LLC AND VOESTALPINE TEXAS LLC
For:
Ciii Alexander
Anderson2x PLLC
619 N Upper Broadway
Corpus Christi, IX 78401
Received by Alien Civil Process on the 8th day of October, 2017 at 12:56 pin to be served on Veestaipine Texas
Holding tic Registered Agent: CT CORPORATION SYSTEM, 1999 Bryan Street Suite 900, Dallas, Dallas
County, TX 75201.
I, Caries Barrera, being duly sworn, depose and say that on the 6th day of October, 2017 at 11:00 am, I:
EXECUTED by delivering to, Voestalpine Texas Holding Lie, a true copy of the. Citation and Plaintiffs Original
Petition and Request Per Disclosure with the date of service endorsed thereon by me, to: Ana Guel,
Authorized at the address of: 1999 Bryan Street Suite 900, Dallas, Dallas County, TX 15201. who is authorized
to accept service for Voestaipine Texas Holding Lic.
Description of Person Served: Age: SOs, Sex: F, Race/Skin Colon Hispanic, Height: II Weight: 200, Hair: Dark
Brown, Glasses: N
I am over eighteen, not a party to nor interested in the outcome of the above numbered suit and that I sin certified to
serve civil process. I have personal knowledge of the facts set forth in the foregoing affidavit and declare that the
statements therein contained are true and correct. I am familiar with the Rules of Civil Procedure. I have never been
convicted of a Felony or Misdemeanor involving Moral Turpitude.
AV
= III III!
Case 2:17-cv-00332 Document 2-2 Filed in TXSD on 10/24/17 Page 3 of 3
an
Citation for Personal Service RESIDENT
The style of the case is: Ocean View Development, Ltd., Port Shore Investments, Inc., Vishal Investments,
Ltd., et al vs. voestalpine Texas Holding LLC and voestalpine Texas LLC
Said Petition was filed in said court by Clii Alexander, attorney for Plaintiff; whose address is 819 N Upper
Broadway Corpus Christi Tx 78401
The nature of the demand is fully shown by a true and correct copy of the Petition accompanying this
citation and made a part hereof.
The officer executing this writ shall promptly mail the same according to requirement of law, and the
mandates thereof, and make due return as the law directs.
Issued and given under my hand and seal of said court at Corpus Christi, Texas, this 5th day of October,
2017
ANNE LORENTZEN, DISTRICT CLERIC
oSI'RIc%. NUECES COUNTY, TEXAS
..
901 LEOPARD STREET, ROOM 313
CORPUS CHRIST' TEXAS 78401
BY: 1 ,Deputy
Nicole Hinojosa
7 . ........
Case 2:17-cv-00332 Document 2-3 Filed in TXSD on 10/24/17 Page 1 of 3
EXHIBIT A-4
Case 2:17-cv-00332 Document 2-3 Filed in TXSD on 10/24/17 Page 2 of 3
Filed
10/17/2017 8:22 AM
Anne Lorentzen
District Clerk
Nueces County, Texas
AFFIDAVIT OF SERVICE
Plaintiff:
OCEAN VIEW DEVELOPMENT LTD, PORT SHORE INVESTMENTS INC,
VISHAL INVESTMENTS LTD, PORTLAND PROPERTIES INC, JVM HOTEL
LLC AND PORTLAND DEVELOPMENT INC
VS.
Defendant:
VOESTALPINE TEXAS HOLDING LLC AND VOESTALPINE TEXAS LLC
For:
Cli! Alexander
Anderson2X PLLC
819 N Upper Broadway
Corpus CluIsli, TX 78401
Received by Allen Civil Process on the 51h day of October, 2017 at 12:56 pm to be served on Voestalpine Texas
LLC Registered Agent CT CORPORATION SYSTEM, 1999 Bryan Street Suite 900, Dallas, Dallas County, TX
75201.
I, Carlos Barrera, being duly sworn, depose and say that on the 6th day of October, 2011 at 11:00 am, I:
EXECUTED by delivering to, Voestalpine Texas LLC, a true copy of the. Citation and Plaintiffs Original Petition
and Request For Disclosure with the date of service endorsed thereon by me, to: Ann Guol, Authorized at the
address of-, 1999 Bryan Street Suite 900, Dallas, Dallas County, IX 76201, who is authorized to accept service
for Voestatpine Texas I.I.C.
Description of Person Served: Age: aos, Sex: F, Race/Skin Color. Hispanic, Height: 56', Weight: 200, Hair: Dark
Brown, Glasses: N
I am over eighteen, not a party to nor Interested In the outcome of the above numbered suit and that I am certified to
serve civil process, I have personal knowledge of the facts set forth in the foregoing affidavit and declare that the
statements therein contained are true and correct. I am familiar with the Rules of Civil Procedure. I have never been
convicted of Felony or Misdemeanor involving Moral Turpitude.
K cl
c.n,iflrs 992-2017 Da1,bon Se,flo., W PmconSn.f.TotIb*zW 1,
~r)
.
=
O"OWY
The style of the case is: Ocean View Development, Ltd., Port Shore Investments, Inc., Vishal Investments,
Ltd., et al vs. voestalpine Texas Holding LLC and voestalpine Texas LLC
Said Petition was filed in said court by Clif Alexander, attorney for Plaintiff, whose address is 819 N Upper
Broadway Corpus Christi Tx 78401
The nature of the demand is fully shown by a true and correct copy of the Petition accompanying this
citation and made a part hereof.
The officer executing this writ shall promptly mail the same according to requirement of law, and the
mandates thereof, and make due return as the law directs.
Issued and given under my hand and seal of said court at Corpus Christi, Texas, this 5th day of October,
2017.
ANNE LORENT ZEN, DISTRICT CLERK
\S T[i'1x.,. NUECES COUNTY, TEXAS
- .. ... 901 LEOP ARD STREET, ROOM 313
CORPUS CHRIST!, TEXAS 78401
.
4 BY:t
Nicole Hrnojosa
Deputy