CAUSE NO. PLAINTIFFS APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY INJUNCTION

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1 5/20/2018 5:32 PM Chris Daniel - District Clerk Harris County Envelope No By: Walter Eldridge Filed: 5/21/ :00 AM JOSE CASAS, MIRTHA I. GONZALEZ, JESUS G. LEDEZMA, IVAN LEIJA and WENDY ST. SURIN, Plaintiffs CAUSE NO. VS. KURARAY AMERICA, INC., KURARAY EVAL PLANT and KURARAY AMERICA, INC. RESEARCH AND TECHNICAL CENTER Defendants 1 IN THE DISTRICT COURT HARRIS COUNTY, TEXAS JUDICIAL DISTRICT COURT PLAINTIFFS APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY INJUNCTION COMES NOW, JOSE CASES, MIRTHA I. GONZALEZ, JESUS G. LEDEZMA, IVAN LEIJA and WENDY ST. SURIN ( Plaintiffs ), and files this Application for Temporary Restraining Order and Temporary Injunction against KURARAY AMERICA, INC., KURARAY EVAL PLANT and KURARAY AMERICA, INC. RESEARCH AND TECHINICAL CENTER ( Defendants ), and in support would show the following: I. PARTIES Plaintiff, Jose Casas, in a resident of Harris County, Texas. Plaintiff, Mirtha I. Gonzalez, is a resident of Harris County, Texas. Plaintiff, Jesus G. Ledezma, is a resident of Harris County, Texas. Plaintiff, Ivan Leija, is a resident of Harris County, Texas. Plaintiff, Wendy St. Surin, is a resident of Palm Beach County, Florida.

2 Defendant, Kuraray America, Inc., is a Foreign Corporation with its headquarters located in Houston, Harris County, Texas. This defendant may be served with process through its registered agent, CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas , or wherever this defendant and/or registered agent may be found. Plaintiffs specifically invoke the right to institute this action against whatever entity was conducting business using the assumed or common name of Kuraray America, Inc. with regard to the events described in this Petition. Plaintiffs expressly invoke their right under Rule 28 of the Texas Rules of Civil Procedure to have the true name of this party substituted at a later time upon the motion of any party or of the Court. Defendant, Kuraray EVAL Plant is a corporation doing business in the State of Texas any may be served with process through its registered agent, CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas , or wherever this defendant and/or registered agent may be found. Plaintiffs specifically invoke the right to institute this action against whatever entity was conducting business using the assumed or common name of Kuraray EVAL Plant with regard to the events described in this Petition. Plaintiffs expressly invoke their right under Rule 28 of the Texas Rules of Civil Procedure to have the true name of this party substituted at a later time upon the motion of any party or of the Court. Defendant, Kuraray America, Inc. Research and Technical Center, is a corporation doing business in the State of Texas any may be served with process through its registered agent, CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas , or wherever this defendant and/or registered agent may be found. 2

3 Plaintiffs specifically invoke the right to institute this action against whatever entity was conducting business using the assumed or common name of Kuraray America, Inc. Research and Technical Center with regard to the events described in this Petition. Plaintiffs expressly invoke their right under Rule 28 of the Texas Rules of Civil Procedure to have the true name of this party substituted at a later time upon the motion of any party or of the Court. II. VENUE AND JURISDICTION The court has jurisdiction of the subject matter of this action and the amount in controversy is above the minimum jurisdictional limits of this Honorable Court. Plaintiffs are seeking monetary relief over $1,000, Venue is proper in Harris County, Texas pursuant to TEX. CIV. PRAC. & REM. CODE (a)(3) because it is the county of Defendant Kuraray America, Inc. s principal office in this state and Defendant is not a natural person. III. NATURE OF ACTION On February 19, 2018, an explosion and subsequent fire occurred at the Kuraray EVAL Plant located at Bay Area Boulevard in Pasadena, Texas. Defendant, Kuraray America, Inc., is the owner of the plant. As a result of the explosion and subsequent fire, Plaintiffs sustained serious injuries and suffered damages. IV. PRESERVATION OF EVIDENCE Plaintiffs hereby request and demand that Defendants and their agents, attorneys, and insurers preserve and maintain all evidence pertaining to any claim or defense related to the 3

4 incident made the basis of this action, or the damages resulting therefrom, including but not limited to photographs, videotapes, audiotapes, recordings, correspondence, memoranda, files, facsimiles, , voice mail, text messages, or cellular telephone records. Failure to maintain such items will constitute spoliation of the evidence and may subject Defendants to sanctions. V. APPLICATION FOR TEMPORARY RESTRAINING ORDER AND INJUNCTIVE RELIEF Based on reasonable information and belief, Plaintiffs assert that the Defendants may change, alter, destroy or modify the evidence related to the explosion, including, but not limited to, the valve that potentially malfunctioned in an operating unit at the plant, unless this Court enters a Temporary Restraining Order, restraining Defendants from changing, altering, destroying or modifying any physical evidence, as the evidence constitutes tangible, relevant evidence materially related to the incident complained of having resulted in severe injuries to the Plaintiffs. In order for the Plaintiffs to properly investigate and pursue their claim, and recover damages and see that justice is done, this Court should restrain the Defendants, their agents, servants, employees, contractors, contract employees, attorneys and those acting in concert with or in representation of said Defendants from changing, altering, destroying or modifying the evidence related to the explosion, including, but not limited to, the valve that potentially malfunctioned in an operating unit at the plant. If the Defendants are permitted to change, alter, destroy or modify any evidence related to the explosion, the Plaintiffs in this lawsuit will lose the opportunity to inspect the evidence, and will be unable to prosecute their claim and thus will be deprived of adequate remedies at law. 4

5 There is no adequate remedy at law available to the Plaintiffs to prevent the Defendants from changing, altering, modifying, or destroying evidence, unless the Court grants immediate relief restraining such conduct. Plaintiffs would pray that this Court enter a Temporary Restraining Order preserving the status quo by restraining Defendants from in any way changing, altering, destroying or modifying, the evidence related to the explosion and subsequent fire, including, but not limited to, the valve that potentially malfunctioned in an operating unit at the plant, as well as moving, removing, or altering any and all tangible evidence within the plant in question. Plaintiffs also seek an order preserving: Any and all photographs and videotapes of the scene of the incident, parties or equipment involved in the incident; Any and all stickers, safety slogans, warnings, etc. attached to or placed on any equipment involved in the incident; Any and all documents/communications regarding the scene of the incident, parties or equipment involved in the incident; Any and all documents/records relating to the incident, including but not limited to OSHA records; Any and all s, electronic data, documents, statements, diaries, calendar entries, memos, incident reports, call slips or telephone messages, text messages, facsimiles, voic messages and correspondence related to the incident; and Any and all maintenance logs, maintenance and repair records, inspection reports, annual inspection reports, operating manuals, actual audiotape recording or any transcript of any recorded statements, mobile radio and dispatch records pertaining to the incident. The foregoing tangible and physical evidence is relevant and reasonably necessary to determine the cause of the incident made the basis of this suit, the loss of which would irreparably harm Plaintiffs. 5

6 VI. REQUEST FOR HEARING ON TEMPORARY RESTRAINING ORDER Plaintiffs would further pray for this Court to set a hearing on Plaintiffs= Application for Temporary Restraining Order and subsequent injunctive relief in this matter. VII. REQUEST FOR INSPECTION Plaintiffs also pray that this Court issue an Order permitting the Plaintiffs attorneys and investigative staff, including but not limited to, consulting experts, to have access to the incident scene and operating unit where the explosion occurred to inspect, photographs, and film the scene. Such access for the purpose of inspection, photographing and filming is essential in order for the Plaintiffs to prepare their cause and to see that justice is done. VIII. PRAYER For these reasons, Plaintiff prays that the Court grant the motion for Temporary Restraining Order and Temporary Injunction. Respectfully submitted, ABRAHAM, WATKINS, NICHOLS, SORRELS, AGOSTO & AZIZ /s/ Muhammad S. Aziz MUHAMMAD S. AZIZ State Bar No Commerce Street Houston, Texas (713) (713) Facsimile maziz@abrahamwatkins.com -AND- 6

7 /s/ Jose Luis Orihuela Jose Luis Orihuela State Bar No ORIHUELA & ASSOCIATES, P.L.L.C. P.O. Box 569 League City, Texas (office) (facsimile) PainInTheCarWreck.Com ATTORNEYS FOR PLAINTIFFS 7