KMCO Fire – Order on Temporary Restraining Order
CAUSE NO. __________
|ARTURO MARTINEZ||§||IN THE DISTRICT COURT OF|
|VS.||§||HARRIS COUNTY, TEXAS|
|KMCO, LLC and ORG CHEMICAL HOLDINGS
TEMPORARY RESTRAINING ORDER AND ORDER ON HEARING ON APPLICATION FOR TEMPORARY INJUNCTION, AND APPLICATION TO ENTER PREMISES TO INSPECT, FILM AND PHOTOGRAPH
The application of Plaintiff’s for a temporary restraining order, temporary injunction, and entry for the purposes of inspection, filming and photographing, having been presented to me on this day of April, 2019, and it clearly appears from the facts set forth in said verified Petition and that immediate and irreparable injury, loss, and damage will result to the Plaintiff before notice can be served upon the Defendant and a hearing had on Plaintiff’s Application for Temporary Injunction and for entry for the purposes of inspection, filming and photographing unless Defendants KMCO, LLC and ORG CHEMICAL HOLDINGS are immediately restrained from changing, altering or destroying documents, as well as moving, removing, or altering any and all tangible evidence, including all information stored, held or maintained in electronic format or via the internet. The Court finds that such a restraining order will preserve the status quo in matters in which the Plaintiff will have no adequate remedy at law.
Therefore, Defendants KMCO, LLC and ORG CHEMICAL HOLDINGS are:
COMMANDED to refrain and resist from any changing, alteration and/or destruction of any documents pertaining to the April 2, 2019 explosion at the KMCO Plant in Crosby, Texas, including all information stored, held or maintained in electronic format or via the internet, except for any and all efforts that may be necessary or become necessary in the very near future for the rescue or safety of persons in the immediate area of the fire site.
THE COURT RECOGNIZES THE ONGOING INVESTIGATION EFFORTS OF THE FOLLOWING GOVERN. THIS ORDER DOES NOT RESTRICT THE DIRECTION, ACTIVITIES OR INVESTIGATION OF ANY GOVERNMENTAL AGENCIES IN THEIR INVESTIGATION OR RESCUE EFFORTS INCLUDING BUT NOT LIMITED TO ALL APPLICABLE STATE AND COUNTY MEDICAL EXAMINER’S OFFICES, OSHA, EPA, CHEMICAL SAFETY BOARD, OR OTHER FEDERAL GOVERNMENTAL AGENCIES. Said injunction includes, but is not limited to any and all tools, instrumentalities, and/or devices which may have been used by workers, in any capacity, as well as work authorizations or other documents indicating status of work at the time of the event in question as well as any and all physical evidence of any kind in any way connected with the incident and/or incident scene in question. This Order applies to KMCO, LLC and ORG CHEMICAL HOLDINGS and their attorneys, agents, servants, employees, contractors, contractors’ employees, and/or those acting in concert with KMCO, LLC and ORG CHEMICAL HOLDINGS it is ORDERED ADJUGED, and DECREED that a hearing on the temporary injunction and application be, and it is hereby set for the day of April, 2019, at o’clock, .
This Temporary Restraining Order shall become effective immediately upon the posting of a bond in the amount of $_____ DOLLARS or deposit of $______ DOLLARS with the Clerk of the Court. It is further ORDERED, ADJUDGED and DECREED that notice issue to the Defendant KMCO, LLC commanding them to appear and show cause, if any, why the Temporary Injunction and entry to preserve and maintain all documents and tangible evidence pertaining to the April 2, 2019 explosion at the KMCO Plant in Crosby, Texas, including all information stored, held or maintained in electronic format or via the internet as prayed for in Plaintiff’s Application should not be granted.
SIGNED on this , day of April, 2019.
THE HONORABLE DARYL MOORE
Judge Presiding, 333rd District Court, Harris County, Texas