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Plaintiff, Refugio Reyes, files this Original Petition and Application for Temporary
Restraining Order against Defendant, Intercontinental Terminals Company, LLC, and alleges as
follows:
DISCOVERY-CONTROL PLAN
Procedure 190.4 and affirmatively pleads that this suit is not governed by the expedited-actions
process in Texas Rule of Civil Procedure 169 because Plaintiff seeks injunctive relief.
PARTIES
3. Refugio Reyes is a citizen of the State of Texas, and is a resident of Deer Park,
Texas.
Liability Company, with its principal place of business at 1021 Main St, STE 1150, Houston, TX
77002. Intercontinental Terminals LLC may be served through its registered agent at CT
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Corporation System, 1999 Bryan St., STE 900, Dallas, TX 75201.
JURISDICTION
VENUE
6. Harris County, Texas is proper venue because the conduct that gives rise to the
FACTS
Park, Texas in Harris County, Texas, an industrial fire ignited. For the next three days the fire
raged as concerned citizens watched a dark black cloud of smoke engulf the surrounding areas
for miles. The fire was fueled by chemicals contained in multiple industrial chemical holding
tanks present at the ITC Deer Park facility. The tanks fueling the industrial fire contained
chemicals including naphtha, xylene, and pyrolysis gas. Following the 4-day industrial fires the
cities of Deer Park, Pasadena, and Laporte were ordered to shelter in place. On multiple
occasions air quality tests revealed chemical exposure in the air of a range of chemicals
8. As shelter in place alarms rang throughout the cities, the public sheltered
property in 914 Briarwood, Deer Park, Texas. Specifically, Defendant ITC’s negligent and/or
unreasonable conduct creating and failing to extinguish the March 17th industrial fire resulted in
the condition that substantially interfered with Plaintiff’s private land use and enjoyment of the
land. Specifically, ITC’s conduct resulted in multiple shelter in place emergency advisories for
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the City of Deer Park. As a result, Plaintiff was forced to secure all air entry points and turn off
the air conditioning cooling system in his home for hours at a time. Defendant ITC’s conduct
resulted in Plaintiff sitting indoors, as the emergency sirens went off, in fear for his life. The
nuisance caused by Defendant ITC was a direct and proximate cause of his injuries.
11. Plaintiff seeks unliquidated damages within the jurisdictional limits of this Court.
Additionally, Plaintiff seeks a temporary restraining order and injunction in efforts to preserve all
DAMAGES
12. The actions and conduct of the Defendant set forth above are the proximate cause
of Plaintiff’s serious injuries. Plaintiff’s damages include, but are not limited to, loss of market
value use of property, sickness, annoyance, discomfort, and other substantial bodily injury
caused by the nuisance that impairs the comfortable enjoyment of his real property. In reasonable
EXEMPLARY DAMAGES
13. Plaintiff’s injury resulted from defendant’s gross negligence, malice, or fraud,
which entitles plaintiff to exemplary damages under Texas Civil Practice & Remedies Code
section 41.003(a). Specifically, Defendant’s gross negligence in its creation of the industrial fire,
as well as its failure to contain and extinguish the fire resulted in a four-day continuation of
EQUITABLE RELIEF
JURY DEMAND
15. Plaintiff demands a jury trial and tenders the appropriate fee with this petition.
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CONDITIONS PRECEDENT
16. All conditions precedent to plaintiff’s claim for relief have been performed or
have occurred.
17. Under Texas Rule of Civil Procedure 194, plaintiff requests that defendant
disclose, within 50 days of the service of this request, the information or material described in
Rule 194.2.
18. Plaintiff objects to the referral of this case to an associate judge for hearing a trial
PRAYER
19. For these reasons, plaintiff asks that the Court issue citation for defendant to
appear and answer, and that plaintiff be awarded a judgment against defendant for the following:
a. Actual damages;
c. Exemplary damages;
e. Court costs;
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Respectfully submitted,
CHANCE MCMILLAN
State Bar No. 24078981
4400 Louisiana St, Ste 1200
Houston, Texas 77002
Office: 281-888-2131
Facsimile: 832-831-2175
Email: cam@mcmillanfirm.com
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NO.
NOW COMES REFUGIO REYES (“Plaintiff”), and files this Plaintiff’s Application For
Temporary Restraining Order and Temporary Injunction (“Application”), and in support thereof
I.
FACTS
Park, Texas in Harris County, Texas, an industrial fire ignited. For the next three days the fire
raged as concerned citizens watched a dark black cloud of smoke engulf the surrounding areas
for miles. The fire was fueled by chemicals contained in multiple industrial chemical holding
tanks present at the ITS Deer Park facility. The tanks fueling the industrial fire contained
chemicals including naphtha, xylene, and pyrolysis gas. Following the 4-day industrial fires the
cities of Deer Park, Pasadena, and Laporte were ordered to shelter in place. On multiple
occasions air quality tests revealed chemical exposure in the air of a range of chemicals
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II.
APPLICATION FOR TEMPORARY RESTRAINING ORDER
AND TEMPORARY INJUNCTION
committed by the Defendant. Plaintiff asks this Court to issue a temporary restraining order and,
upon hearing, a temporary injunction enjoining Defendant from destruction of all relevant
evidence including, but not limited to, emails, radio transmissions, memorandums, and other
documents relating to or referencing the March 17, 2019 industrial fire. Such relief is necessary
so that the parties may ensure proper preservation of evidence for use in litigation and avoid any
immediate and irreparable injury, loss, or damage as stated herein before notice can be served
and a hearing had on the matters stated herein. Plaintiff fears that if evidence preservation is not
properly addressed now, Plaintiff will suffer ongoing problems well into the future, including but
not limited to an inability to properly and adequately investigate his claims and gather evidence
the status quo, prevent further destruction of potential evidence, and avoid the risk of spoliation.
5. Plaintiff is willing to post bond. Plaintiff therefore requests a bond appropriate for
6. Plaintiff asks the Court to set her application for temporary injunction for hearing
and, after the hearing, issue a temporary injunction against Defendant for the reasons set for
above.
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III.
CONDITIONS PRECEDENT
herein be duly cited in terms of law to appear and answer herein, or voluntarily appear and
answer herein, and that upon final hearing of this matter that Plaintiff have judgment against
Defendant for a Temporary Restraining Order and a Temporary Injunction. Plaintiff prays for
all relief, special and general, at law and in equity, to which she may show herself to be justly
entitled.
Respectfully submitted,
CHANCE MCMILLAN
State Bar No. 24078981
4400 Louisiana St, Ste 1200
Houston, Texas 77002
Office: 281-888-2131
Facsimile: 832-831-2175
Email: cam@mcmillanfirm.com