Preview
FILED
DALLAS COUNTY
7/11/2019 2:35 PM
FELICIA PITRE
DISTRICT CLERK
SUBPOENA DUCES TECUM
Shelia Bradley
REQUIRING APPEARANCE AT DEPOSITION
THE STATE OF TEXAS
To any Sheriff or Constable of the State of Texas or other person authorized to serve subpoenas under rule 176.S(a)
T.R.C.P.
Witness Subpoena in Cause No. DC-18-05402
EARMON LOVERN § IN THE DISTRICT COURT
§
PlaintilL §
§
vs. § DALLASCOUNTY,TEXAS
§
EAGLERIDGE OPERATING, LLC, §
USG PROPERTIES BARNETT II, LLC §
§
Defendants. § 192nd JUDICIAL DISTRICT
TO: Designated Corporate Representative
NextEra Energy Resources, LLC
By Serving its registered agent
CT Corporation System
1999 Bryan Street
Dallas, TX 75201
You are hereby commanded at the instance of Plaintiffs Attorney, Jason B. Stephens, to appear and give testimony at a
deposition on oral questions at the following time and place:
Wednesday, July 17, 2019 at 9:00a.m.
SHERATON NORTH HOUSTON AT GEORGE BUSH INTERCONTINENTAL
MEETING ROOM: SAM HOUSTON A -1 ST FLOOR
15700 JOHN F. KENNEDY BLVD.
HOUSTON, TX 77032
281.442.5100
then and there to testify as a witness at the request ofthe Plaintiffin the above styled and numbered Civil Action pending in said court,
and there attend from day to day, until lawfully discharged.
The witness shall testify on the following matters:
1) Emails - NextEra's email server, the storage or preservation ofemails including deleted emails, and all purported
efforts to locate emails responsive to Plaintiffi;' discovery requests and the Court's Order to produce emails.
2) NextEra 's control and management of USG - The identity ofNextEra employees who provided any services or
manpower to or on behalfofUSG or who have otherwise been involved in the operations or management ofUSG
and/or USG's assets known as the "Aruba Assets" between June 1, 2013 - present; the nature, character, extent
and details ofsaid services, management, and/or control; and the corporate structure and relationship between USG
and NextEra.
3) Inspections, Field Visits, and/or Audits related to the Aruba Assets- All inspections, field visits, and/or audits
conducted by anyone of any of the Aruba Assets between June 1, 2013 - August 24, 2017 that are in the
possession, custody, control or otherwise available to NextEra; the dates, details, specific results, and any other
available information related thereto; the "Aruba Audit'' as referenced in the depositions of Kelly Walker and
Blayne Gunderman; the inspections and/or field visits of any Aruba Assets performed by Kelly Walker, Blayne
Gunderman, any other NextEra HSE personnel, Cardno, Inc., or any other third party; all communications with
Aruba Petroleum and/or Eagleridge Operating or Eagleridge Energy regarding the inspections, field visits, audits
and/or the results; and any action or corrective actions taken as a result of said inspections, field visits, and/or
audits.
4) Due Diligence of Operators - Any and all due diligence ofAruba Petroleum and subsequentlyofEagleridgethat
was conducted related to their respective qualifications, experience, staffing, safety record, safety personnel, safety
policies and procedures, operational record, operational personnel, operational policies and procedures, finances,
and ability and capability to serve and/or continue to serve as Operator of the Aruba Assets.
5) Removal of Aruba as Operator - All efforts to terminate, remove, cease, or otherwise "move on" from (as
phrased by Kelly Walker) Aruba Petroleum as the Operator of the Aruba Assets, including when those efforts
began, all alleged bases or reasons asserted for seeking to terminate, remove, cease, or otherwise " move on" from
Aruba serving as the Operator, all information relied up supporting the alleged bases or reasons asserted, the
individuals primarily leading those efforts and discussions, and the negotiation and terms of any resolution or
agreement.
6) Eagleridge's and Kelly Walker's Site Inspections/Audit of Aruba Assets - All aspects known to NextEra
regarding any inspections/audits ofthe Aruba Assets that occurred between November 2016 -August 24, 2017,
including the site inspections that occurred prior to Eagleridge taking over as operator and as part ofthe transition
to Eagleridge, the organization and arrangement of the transitionsite inspections including all email
communications associated therewith, the participants ofthe transition site inspections, any notes, memos, pictures,
videos or similar documents related to the transition site inspections, the results ofthe transition site inspections, the
results, concerns, or issues identified from the transition site inspections
including any documents or emails
reflecting same, and any action plans, corrective plans, cost saving plans, repair or replacement plans or any plans
that resulted, in whole or in part, from the transition site inspections, and any other site inspections conducted by
Eagleridge to USG's knowledge;
7) The Explosion Made the Basis of this Lawsuit - The identity of all individuals associated with NextEra who
were notified or made aware ofthe explosion made the basis ofthis lawsuit between the dates ofAugust 24, 2017 -
September 30, 2017, including the substance and details of said communications related thereto, any and all
investigations related thereto, any communications related to the investigations, and any and all actions taken as a
result ofthe explosion or investigation thereof;
8) TCEQ Noncompliance- The 5 TCEQ visits/inspections ofAruba Asset welJsites and the noncompliance findings
as referenced by Blayne Gunderman in her deposition, the identity ofthe wellsites involved, the dates ofthe site
visits/inspections by TCEQ, the details of the noncompliance issues or violations, any notices of violations or
noncompliance notices, when and by whom the violations or noncompliance issues were received or delivered, all
actions taken as a result of the violations or noncompliance issues.
9) Self Audit of the Aruba Assets - The SelfAudit ofthe Aruba Assets that was conducted, the individuals involved
in deciding to conduct the audit, the payment of the audit and by whom, the results and findings of the audit,
communications with Eagleridge and/or KJE regarding the audit, scope, and/or findings or results, and all actions
taken as a result ofthe audit.
Said deposition shall be recorded by a certified shorthand reporter and videotaped by a certified videographer in accordance with the
Texas Rules of Civil Procedure. Said witness is instructed to bring with him/her for inspection and copying those items
designated in Exhibit "A" attached hereto.
Issued at the instance ofPlaintiffby Plaintiff's Attorney ofrecord in said cause.
Duties of a Person served with Subpoena: You are advised that under the Texas Rules of Civil Procedure 176, a person
served with a discovery subpoena has certain rights and obligations.
Rule 176.6 provides:
(a) Compliance required. Except as provided in this subdivision, a person served with a subpoena must comply with the
command stated therein unless discharged by the court or by the party summoning such witness.
A person commanded to
appear and give testimony must remain at the place of deposition, hearing, or trial from day to day until discharged by the
court or by the party summoning the witness.Failure by any person without adequate excuse to obey a subpoena served
upon that person may be deemed a contempt ofthe court from which the subpoena is issued or a district court in the county in
which the subpoena is served, and may be punished by fine or confinement, or both.
(b) Organizations. If a subpoena commanding testimony is directed to a corporation,partnership, association,
governmental agency, or other organization,and the matterson which examination is requested are described with
reasonable particularity, the organization must designate one or more persons to testify on its behalfas to matters known or
reasonably available to the organization.
Issued by:
Date Issued: July 9, 2019
--h on~s/4,.._
By: ~ o /b'~/1:'i'.?¥, .P/4>,.-/2(1.?:0
Personwho is~ a Party and is not less than 18
EXHIBIT "A"
1. A copy of your driver's license.
2. A copy of your resume.
3. Any and all documents reviewed or relied upon in preparation for your deposition.
4. All emails responsive to Plaintiffs' discovery requests and the Court' s Order to produce
emails that are in the possession, custody, control or otherwise available to NextEra.
5. All inspections, field visits, and/or audits conducted by anyone of any of the Aruba Assets
between June 1, 2013 - August 24, 2017 that are in the possession, custody, control or
otherwise available to NextEra.
6. The "Aruba Audit" as referenced in the depositions ofKelly Walker and Blayne Gunderman.
7. The inspections and/or field visits of any Aruba Assets between June 1, 2013 - August 24,
2017 performed by Kelly Walker, Blayne Gunderman, any other NextEra HSE personnel,
Cardno, Inc., or any other third party that are in the possession, custody, control or otherwise
available to NextEra.
8. All documents and pictures taken by Kelly Walker related to the November 2016
inspection/audit ofthe Aruba Assets that were conducted in connection with transitioning the
operation to Eagleridge.
9. The Self Audit of the Aruba Assets performed after the explosion made the basis of this
lawsuit, including all related :findings, pictures, summaries, memos, or reports related thereto.
Preview
FILED DALLAS COUNTY 7/11/2019 2:35 PM FELICIA PITRE DISTRICT CLERK SUBPOENA DUCES TECUM Shelia Bradley REQUIRING APPEARANCE AT DEPOSITION THE STATE OF TEXAS To any Sheriff or Constable of the State of Texas or other person authorized to serve subpoenas under rule 176.S(a) T.R.C.P. Witness Subpoena in Cause No. DC-18-05402 EARMON LOVERN § IN THE DISTRICT COURT § PlaintilL § § vs. § DALLASCOUNTY,TEXAS § EAGLERIDGE OPERATING, LLC, § USG PROPERTIES BARNETT II, LLC § § Defendants. § 192nd JUDICIAL DISTRICT TO: Designated Corporate Representative NextEra Energy Resources, LLC By Serving its registered agent CT Corporation System 1999 Bryan Street Dallas, TX 75201 You are hereby commanded at the instance of Plaintiffs Attorney, Jason B. Stephens, to appear and give testimony at a deposition on oral questions at the following time and place: Wednesday, July 17, 2019 at 9:00a.m. SHERATON NORTH HOUSTON AT GEORGE BUSH INTERCONTINENTAL MEETING ROOM: SAM HOUSTON A -1 ST FLOOR 15700 JOHN F. KENNEDY BLVD. HOUSTON, TX 77032 281.442.5100 then and there to testify as a witness at the request ofthe Plaintiffin the above styled and numbered Civil Action pending in said court, and there attend from day to day, until lawfully discharged. The witness shall testify on the following matters: 1) Emails - NextEra's email server, the storage or preservation ofemails including deleted emails, and all purported efforts to locate emails responsive to Plaintiffi;' discovery requests and the Court's Order to produce emails. 2) NextEra 's control and management of USG - The identity ofNextEra employees who provided any services or manpower to or on behalfofUSG or who have otherwise been involved in the operations or management ofUSG and/or USG's assets known as the "Aruba Assets" between June 1, 2013 - present; the nature, character, extent and details ofsaid services, management, and/or control; and the corporate structure and relationship between USG and NextEra. 3) Inspections, Field Visits, and/or Audits related to the Aruba Assets- All inspections, field visits, and/or audits conducted by anyone of any of the Aruba Assets between June 1, 2013 - August 24, 2017 that are in the possession, custody, control or otherwise available to NextEra; the dates, details, specific results, and any other available information related thereto; the "Aruba Audit'' as referenced in the depositions of Kelly Walker and Blayne Gunderman; the inspections and/or field visits of any Aruba Assets performed by Kelly Walker, Blayne Gunderman, any other NextEra HSE personnel, Cardno, Inc., or any other third party; all communications with Aruba Petroleum and/or Eagleridge Operating or Eagleridge Energy regarding the inspections, field visits, audits and/or the results; and any action or corrective actions taken as a result of said inspections, field visits, and/or audits. 4) Due Diligence of Operators - Any and all due diligence ofAruba Petroleum and subsequentlyofEagleridgethat was conducted related to their respective qualifications, experience, staffing, safety record, safety personnel, safety policies and procedures, operational record, operational personnel, operational policies and procedures, finances, and ability and capability to serve and/or continue to serve as Operator of the Aruba Assets. 5) Removal of Aruba as Operator - All efforts to terminate, remove, cease, or otherwise "move on" from (as phrased by Kelly Walker) Aruba Petroleum as the Operator of the Aruba Assets, including when those efforts began, all alleged bases or reasons asserted for seeking to terminate, remove, cease, or otherwise " move on" from Aruba serving as the Operator, all information relied up supporting the alleged bases or reasons asserted, the individuals primarily leading those efforts and discussions, and the negotiation and terms of any resolution or agreement. 6) Eagleridge's and Kelly Walker's Site Inspections/Audit of Aruba Assets - All aspects known to NextEra regarding any inspections/audits ofthe Aruba Assets that occurred between November 2016 -August 24, 2017, including the site inspections that occurred prior to Eagleridge taking over as operator and as part ofthe transition to Eagleridge, the organization and arrangement of the transitionsite inspections including all email communications associated therewith, the participants ofthe transition site inspections, any notes, memos, pictures, videos or similar documents related to the transition site inspections, the results ofthe transition site inspections, the results, concerns, or issues identified from the transition site inspections including any documents or emails reflecting same, and any action plans, corrective plans, cost saving plans, repair or replacement plans or any plans that resulted, in whole or in part, from the transition site inspections, and any other site inspections conducted by Eagleridge to USG's knowledge; 7) The Explosion Made the Basis of this Lawsuit - The identity of all individuals associated with NextEra who were notified or made aware ofthe explosion made the basis ofthis lawsuit between the dates ofAugust 24, 2017 - September 30, 2017, including the substance and details of said communications related thereto, any and all investigations related thereto, any communications related to the investigations, and any and all actions taken as a result ofthe explosion or investigation thereof; 8) TCEQ Noncompliance- The 5 TCEQ visits/inspections ofAruba Asset welJsites and the noncompliance findings as referenced by Blayne Gunderman in her deposition, the identity ofthe wellsites involved, the dates ofthe site visits/inspections by TCEQ, the details of the noncompliance issues or violations, any notices of violations or noncompliance notices, when and by whom the violations or noncompliance issues were received or delivered, all actions taken as a result of the violations or noncompliance issues. 9) Self Audit of the Aruba Assets - The SelfAudit ofthe Aruba Assets that was conducted, the individuals involved in deciding to conduct the audit, the payment of the audit and by whom, the results and findings of the audit, communications with Eagleridge and/or KJE regarding the audit, scope, and/or findings or results, and all actions taken as a result ofthe audit. Said deposition shall be recorded by a certified shorthand reporter and videotaped by a certified videographer in accordance with the Texas Rules of Civil Procedure. Said witness is instructed to bring with him/her for inspection and copying those items designated in Exhibit "A" attached hereto. Issued at the instance ofPlaintiffby Plaintiff's Attorney ofrecord in said cause. Duties of a Person served with Subpoena: You are advised that under the Texas Rules of Civil Procedure 176, a person served with a discovery subpoena has certain rights and obligations. Rule 176.6 provides: (a) Compliance required. Except as provided in this subdivision, a person served with a subpoena must comply with the command stated therein unless discharged by the court or by the party summoning such witness. A person commanded to appear and give testimony must remain at the place of deposition, hearing, or trial from day to day until discharged by the court or by the party summoning the witness.Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt ofthe court from which the subpoena is issued or a district court in the county in which the subpoena is served, and may be punished by fine or confinement, or both. (b) Organizations. If a subpoena commanding testimony is directed to a corporation,partnership, association, governmental agency, or other organization,and the matterson which examination is requested are described with reasonable particularity, the organization must designate one or more persons to testify on its behalfas to matters known or reasonably available to the organization. Issued by: Date Issued: July 9, 2019 --h on~s/4,.._ By: ~ o /b'~/1:'i'.?¥, .P/4>,.-/2(1.?:0 Personwho is~ a Party and is not less than 18 EXHIBIT "A" 1. A copy of your driver's license. 2. A copy of your resume. 3. Any and all documents reviewed or relied upon in preparation for your deposition. 4. All emails responsive to Plaintiffs' discovery requests and the Court' s Order to produce emails that are in the possession, custody, control or otherwise available to NextEra. 5. All inspections, field visits, and/or audits conducted by anyone of any of the Aruba Assets between June 1, 2013 - August 24, 2017 that are in the possession, custody, control or otherwise available to NextEra. 6. The "Aruba Audit" as referenced in the depositions ofKelly Walker and Blayne Gunderman. 7. The inspections and/or field visits of any Aruba Assets between June 1, 2013 - August 24, 2017 performed by Kelly Walker, Blayne Gunderman, any other NextEra HSE personnel, Cardno, Inc., or any other third party that are in the possession, custody, control or otherwise available to NextEra. 8. All documents and pictures taken by Kelly Walker related to the November 2016 inspection/audit ofthe Aruba Assets that were conducted in connection with transitioning the operation to Eagleridge. 9. The Self Audit of the Aruba Assets performed after the explosion made the basis of this lawsuit, including all related :findings, pictures, summaries, memos, or reports related thereto.