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EILEp Sita eigaee MAR CAUSE NO.: 2019-21138 Tha i 29 2019 air Cam ay ares DIL REFUGIO REYES § INTHE pistRicT cov Zh Plaintiff, ia § § § v. § HARRIS COUNTY, TEXAS INTERCONTINENTAL ; TERMINAL COMPANY, LLC § Defendant § 1897" JUDICIAL DISTRICT AGREED ORDER ON PRESERVATION Afier considering Plaintiff’s Application for Temporary Restraining Order and Application for Temporary Injunction, this Court received the parties’ Agreed Order on Preservation (“Agreed Order"), This Court finds that the Agreed Order will maintain the status quo of the preservation, of evidence relating to the fire that occurred at Intercontinental Terminal Company, LLC’s (“ITC”) Deer Park Facility between March 17-22, 2019 (the “Incident”) IT IS THEREFORE ORDERED that Defendant and its agents, servants, employees, contractors, contract employees, independent contractors, attorneys, and anyone acting in concert with or in representation of the parties shall refrain and resist from: (1) Changing, modifying, altering, or destroying the evidence related to the Incident, including any such evidence, data and information maintained both on-site and off- site, except as may be necessary or become necessary for the safety of persons or to comply with the requirements of Incident Command, Unified Command, or local, state, or federal government entities. Normal sampling shall not’ be considered the change, modification, alteration or destruction of evidence. IT IS FURTHER ORDERED that Defendant shall preserve the following items under its control: (2) Any and all photographs, digital images, audio recordings, security and surveillance videos, videotapes and digital recordings of the scene of the Incident, parties and equipment involved in the Incident and/or associated with processes within the scene of the Incident, including any such data and information created by employees or retained contractors; Q) @B) (4) 6) (6) a (8) (9) (10) ay (12) (3) (lay «sy 6) (7) Any and all safety inspection documents, studies, stickers, safety slogans, warnings, ete. attached to or placed on any tanks, structures, and equipment involved in the Incident; Any and all emergency response and/or action plans maintained by the Deer Park Facility; Any and all data, information and/or attendance logs for safety briefings that occurred on or before the occurrence of the Incident; Any and all documents, tangible or digital, data and information maintained for compliance with the OSHA Hazard Communication Standard; Any and all documents/communications regarding the scene of the Incident, witnesses, parties, tanks, or equipment involved in the Incident; Any and all documents/records relating to the occurrence of the Incident and subsequent reporting of same to OSHA, including but not limited to all OSHA- related records; Any and all documents/records relating to the occurrence of the Incident and subsequent reporting of same to the EPA, including but not limited to all EPA related records; Any and all documents/records relating to the occurrence of the Incident and subsequent reporting of same to the U.S. Coast Guard, including but not limited to all Coast Guard-related records; Any and all documents/records relating to the occurrence of the Incident and subsequent reporting of same to the State of Texas, including but not limited to all State of Texas-related records; Any and all emails, electronic data, documents, statements, diaries, calendar entries, memos, incident reports, daily reports, call slips, telephone messages, text messages, facsimiles, voicemail messages, notes of personnel and for retained contractors and correspondences related to the Incident; Any and all maintenance logs, maintenance and repair records, inspection reports, annual inspection reports, operating manuals, actual audiotape records or any transcript of any recorded statements, mobile radio and dispatch records pertaining to the Incident; Results of soil samples, water samples, released liquid samples, air samples and any and all related testing data, and/or air-monitoring data related to the Incident; Inventory of any and all sampling and measuring equipment employed in monitoring the health and safety of the Incident scene before, during and following, the occurrence of the Incident; Any and all investigative and employment records related to the Incident or those employees working at and/or near the tanks affected by the Incident or using equipment on the location where the Incident occurred from March 17, 2019 to the present; Any and all logs and/or records that document personnel given access to the Incident scene following the occurrence of the Incident; All components that may have failed leading the incidents that made the basis of this lawsuit's occurrences; Any and all terminal facility process equipment, piping, control valving, control gates, pumps, monitoring devices, metering devices, fire control and suppression components, warning devices and the like relating to the Incident; Any and all gauges used to check the pressure, flow and/or quantity of product in the tanks in question or other pressurized equipment and/or devices; Any and all files or documents indicating the work performed or to be performed at the Deer Park Facility during the Incident; Any and all files, data, or documents regarding the devices and equipment present at the Deer Park Facility at the time of the Incident Site logs and similar documents tracking the work conducted and the people/companies that may have visited Defendant's premises before the Incident; Invoices, receipts, accounting documents, and any similar documents relating to the Incident indicating the work performed on the day prior to and the day of the Incident; ‘Any and all safety manuals, written policies, job safety analyses, and training ‘manuals regarding the operations in effect at the time of the Incident; ‘Any and all job descriptions of any personnel performing work on the scene of the Incident prior to the occurrence of the Incident; Any and all files, reports, statements, or documents regarding the Incident; and ‘Samples of the remaining product in the 2 80s tank farm, IT IS FURTHER ORDERED that Plaintiff and his agents, servants, attorneys, and anyone acting in concert with or in representation of the Plaintiff shall also preserve a Q) Any and all photographs, digital images, audio recordings, security and surveillance videos, videotapes and digital recordings of the scene of the Incident, parties and equipment involved in the Incident and/or associated with processes within the scene of the Incident, including any such data and information created by employees or retained contractors; and Results of any soil samples, water samples, released liquid samples, air samples and any and all related testing data and/or air-monitoring data related to the Incident. NOTWITHSTANDING THE FOREGOING, THE COURT RECOGNIZES THE ONGOING JOINT GOVERMENTAL RESPONSES AND INVESTIGATIVE EFFORTS. THIS ORDER DOES NOT RESTRICT THE DIRECTION, ACTIVITIES, OR INVESTIGATION OF ANY GOVERNM! ENT AGENCIES IN THEIR RESPONSE EFFORTS, INVESTIGATIONS OR ASSESSMENTS (OR DEFENDANT'S COMPLIANCE OR COOPERATION THEREWITH) INCLUDING BUT NOT LIMITED TO INCIDENT COMMAND, UNIFIED COMMAND, THE