Post Trial Briefs–no Findings of Fact or Conclusions of Law are required to be filed and are optional. Briefs cannot exceed 125 pages…
- Plaintiffs’ Post-Trial Memorandum shall be filed by June 18, 2009.
- Defendants’ Post Trial Memorandum shall be filed by July 20, 2009.
- Plaintiffs’ Reply Memorandum shall be filed by August 3, 2009.
With the issues Judge Duval wants briefed, 125 pages may be a bit of a squeeze, as these examples from the three-page list in his Order detailing the post-trial briefing schedule suggest:
- Explain why some levees failed and others did not and how that supports the Plaintiffs’ theory of front side erosion and lateral subsidence.
- Brief the differences between the Plaintiffs’ theory of wave attack and the Defendants’ theory and explain why one theory is better than the other.
- Explain, especially in reference to the New Orleans East polder, what the MRGO did to exacerbate the flooding in those areas. How would it have been prevented? How much water would have been in those polders, regardless of the existence of the MRGO as widened.
A few days later, he issued a second Order on the matter with no associated increase in the page limit:
IT IS ORDERED that the parties shall brief and point to the record concerning the effect of the widening of the MRGO and the erosion of the wetlands as it relates to the front sidewave attack theory of the plaintiffs.
The Court is specifically interested in comparing Vrijling Scenario 3 to Vrijling Scenario 1. In other words, did the widening of the MRGO and the erosion of the wetlands cause the Reach 2 levees to fail from front side wave attack or would the same result have occurred with the MRGO as authorized with no wetland erosion. This same question should also be addressed with respect to lateral displacement.
Judge Duval has already ruled on the first post-trial matter issued his Order and Reasons for excluding Dalrymple deposition submitted by Plaintiffs.
In a related development, the Fifth Circuit denied Appeal of Robinson Plaintiffs and others and affirmed Judge Duval’s Order of Judgment and dismissal of defendant engineering firms that performed maintenance work on the 17th Street Canal under contract with the Corps of Engineers.
Thursday is deadline day for the government’s 125 page not-so-brief brief; and, once it’s up, we’ll grab it and post on SLABBED.