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EXHIBITB
CAUSE NO. 2021-45494
SEAN TRAPP and ELENA TRAPP IN THE DISTRICT COURT OF
Plaintiffs,
Vv. HARRIS COUNTY, TEXAS.
WARD-BROWN PARTNERS, LLC d/b/a
WARD BROWN BUILDERS
Defendant. 80T™ JUDICIAL DISTRICT
PLAINTIFFS’ EXPERT WITNESS DESIGNATION
Pursuant to the Texas Rules of Civil Procedure, Plaintiffs Sean Trapp and Elena Trapp
(collectively, the “Trapps” or “Plaintiffs”) make the following Expert Witness Designation in
connection with the above-captioned lawsuit against Defendant Ward-Brown Partners, LLC d/b/a
Ward Brown Builders (“Ward Brown” or “Defendant’).
Plaintiffs reserve the right to amend and/or supplement these disclosures as the
investigation and discovery continues, and in accordance with the Texas Rules of Civil Procedure.
I. RETAINED EXPERTS
1. Warren French
French Engineering, LLC
8900 Eastloch Drive, Suite 130
Spring, Texas 77379
Phone: 281-440-8284
Mr. French’s current resume and bibliography and testimony in the past five years can be
found at TRAPP 000794 — 000804. Mr. French is expected to testify regarding his investigation
of the Property at issue in this lawsuit, including his opinions pertaining to the general conditions
of the Property, the construction of the Property, the quality of construction on the Property, the
construction deficiencies he observed, and corresponding damages to the Property. He will further
opine as to the industry standard for construction of the Property at issue and Ward Brown’s failure
to meet same. Mr. French’s will also testify regarding the appropriate repairs that must be made
to remedy the construction deficiencies and damages. Mr. French’s mental impressions and
opinions, as well as the basis for these items, are outlined in more detail in his expert report. A
copy of Mr. French’s report was initially provided to Defendant on December 22, 2021 and was
produced with the Trapp’s supplemental production, bates labeled TRAPP 000665 — 000793.
Mr. French’s findings and opinions are based upon, among other items, his experience, the
inspections performed on the Property by French Engineering, LLC (on August 13, 2021, October
5, 2021, October 6, 2021, and October 8, 2021), photographs of the Property, documents provided
by Plaintiffs, construction documents, plans and specifications, manufacturer’s instructions,
consultant reports, building codes, and publications. Below is a list of all documents, tangible
things, reports, models, and data compilations that have been provided to, reviewed by, or prepared
by or for Mr. French in anticipation of his testimony:
. All pleadings in this lawsuit;
e All discovery exchanged among the parties in this lawsuit;
e All documents produced by Ward Brown;
. All documents produced by the Trapps, including, but not limited to:
° TRAPP 000002 — 000019: Matt Gray, PE Structural Engineering Report,
dated 7/17/18
TRAPP 000020 — 000057: Sentinel Report, dated 7/17/18
TRAPP 000058 — 000071: StuccoSpec Report, dated 7/17/18
TRAPP 000115 — 000122: Sentinel Report, dated 8/14/18
TRAPP 000142 — 000158: Hedderman Services Report, dated 1/6/21
TRAPP 000175 — 000190: Mr. French’s inspection protocol
TRAPP 000273 — 000319: Photographs taken by Mr. French and/or his
associate Danny Tran on August 13, 2021
TRAPP 000320 — 000466: Photographs taken by Mr. French and/or his
associate Danny Tran on October 5, 2021
TRAPP 000467 — 000628: Photographs taken by Mr. French and/or his
associate Danny Tran on October 6, 2021
TRAPP 000629 — 000655: Photographs taken by Mr. French and/or his
associate Danny Tran on October 8, 2021
TRAPP TRAPP 000665 — 000793: Mr. French’s expert report
TRAPP 000273 — 000655, TRAPP 000656 — 0001162: Mr. French’s case
file
Mr. French’s engagement letter reflecting the compensation to be paid for his study and
testimony in connection with this lawsuit can be found at TRAPP 000656 - 000664. All invoices
issued by French Engineering, LLC in connection with this lawsuit can be found at TRAPP 001127
— 001162.
Mr. French has been made available for deposition since his report was produced to
Defendant on December 22, 2021. Mr. French reserves the right to supplement his opinions upon
receiving additional information and in response to any opinions given by any other expert in this
matter. Plaintiffs also incorporate Mr. French’s eventual deposition and testimony therein into this
designation. This designation is in compliance with and pursuant to the Texas Rules of Civil
Procedure, the deadlines imposed by the Court, and the Rule 11 agreements entered into between
the parties.
2. Karen Travelstead
Cardinal Construction & Design, L.L.C
14019 Southwest Freeway, suite 301-175
Sugarland, TX 77478
Phone: 713-412-4111
Ms. Travelstead’s current resume and bibliography can be found at 001250 — 001251. She
is expected to testify regarding the cost of necessary repairs to remedy the construction deficiencies
and damages on the Property as well as market fluctuations regarding costs of repair and materials.
Ms. Travelstead’s has been in the construction industry since 1991 and currently owns and operates
a turnkey design-build remodeling, referral based, business in the greater Houston area. She has
also attended several Greater Houston Builder’s Association and other education seminars,
including building sciences.
Ms. Travelstead is expected to testify that the cost to repair the damages arising from Ward
Brown’s defective construction of the Property ranges is $386,350, subject to a 20-25% fluctuation
due to price escalation and market fluctuations. Ms. Travelstead has not reduced her opinions to
a report; should she reduce her opinions to a report, such will be produced immediately. Ms.
Travelstead’s findings and opinions are based upon, among other items, her experience, her
inspection of the Property, the inspections performed on the Property by French Engineering, LLC
(on August 13, 2021, October 5, 2021, October 6, 2021, and October 8, 2021), photographs of the
Property, documents provided by Plaintiffs, third-party estimates, construction documents, plans
and specifications, manufacturer’s instructions, consultant reports, building codes, publications,
and industry costs of materials and repairs. Below is a list of all documents, tangible things,
reports, models, and data compilations that have been or will be provided to, reviewed by, or
prepared by or for Ms. Travelstead in anticipation of her testimony:
. All pleadings in this lawsuit;
e All discovery exchanged among the parties in this lawsuit;
. All documents produced by Ward Brown;
e All documents produced by the Trapps, including, but not limited to:
° All invoices and estimates of repair costs
° TRAPP 000002 — 000019: Matt Gray, PE Structural Engineering Report,
dated 7/17/18
TRAPP 000020 — 000057: Sentinel Report, dated 7/17/18
TRAPP 000058 — 000071: StuccoSpec Report, dated 7/17/18
TRAPP 000115 — 000122: Sentinel Report, dated 8/14/18
TRAPP 000142 — 000158: Hedderman Services Report, dated 1/6/21
TRAPP 000175 — 000190: Mr. French’s inspection protocol
TRAPP 000273 — 000319: Photographs taken by Mr. French and/or his
associate Danny Tran on August 13, 2021
TRAPP 000320 — 000466: Photographs taken by Mr. French and/or his
associate Danny Tran on October 5, 2021
TRAPP 000467 — 000628: Photographs taken by Mr. French and/or his
associate Danny Tran on October 6, 2021
TRAPP 000629 — 000655: Photographs taken by Mr. French and/or his
associate Danny Tran on October 8, 2021
TRAPP TRAPP 000665 — 000793: Mr. French’s expert report
° TRAPP 000273 — 000655, TRAPP 000656 — 0001162: Mr. French’s case
file;
° TRAPP 001252 — 001254: Ms. Travelstead’s April 7, 2022 estimate
° TRAPP 001256 — 001258: Allied’s November 10, 2022 estimate
Ms. Travelstead’s engagement letter reflecting the compensation to be paid for her study
and testimony in connection with this lawsuit can be found at TRAPP 001247 — 001249. All
invoices issued by Cardinal Construction & Design, L.L.C. in connection with this lawsuit can be
found at TRAPP 001255.
Ms. Travelstead has been made available for deposition. Ms. Travelstead reserves the right
to supplement her opinions upon receiving additional information and in response to any opinions
given by any other expert in this matter. Plaintiffs also incorporate Ms. Travelstead’s eventual
deposition and testimony therein into this designation. This designation is in compliance with and
pursuant to the Texas Rules of Civil Procedure, the deadlines imposed by the Court, and the Rule
11 agreements entered into between the parties.
Il. ADDITIONAL TESTIFYING EXPERTS
A) Attorney Fee Experts
1. Brian R. Gaudet
Nicholas J. Nieto
Kilpatrick Townsend & Stockton LLP
700 Louisiana Street, Suite 4300
Houston, Texas 77002
Phone: 281-809-4080
Counsel above are not retained experts. Messrs. Gaudet and Nieto may testify as to the
reasonableness, necessity of, and amount of attorney fees incurred in the above matter for
Plaintiffs’ affirmative claims against Defendant. They will base their testimony on their
knowledge of the work performed on this matter, experience as licensed attorneys, experience in
cases involving issues similar to those present in this case, knowledge of the usual and customary
attorney fees charged in Harris County and the State of Texas for similar representation, the skill
required to perform the legal services, the time limitations imposed by the client or by the
circumstances, the nature and length of the professional relationship with the client, the expertise,
reputation, and ability of counsel, the extent of responsibility assumed, the benefits to be derived,
and the costs and expenses incurred. Messrs. Gaudet and Nieto may testify by affidavit or live
testimony.
The current resumes and bibliographies for Messrs. Gaudet and Nieto can be found at the
website: https://www.kilpatricktownsend.com, such information is fully incorporated into these
disclosures.
Counsel above are not retained experts. Messrs. Gaudet and/or Nieto may testify as to the
reasonableness, necessity of, and amount of attorney fees incurred in the above matter for
Plaintiffs’ affirmative claims against Defendant.
Messrs. Gaudet and Nieto are familiar with the reasonable attorney fees incurred in matters
of this type. The testimony of Messrs. Gaudet and/or Nieto regarding the reasonableness and
necessity of attorney fees incurred by the parties in the course of this litigation is subject to any
rulings by the Court. Messrs. Gaudet and/or Nieto are licensed attorneys practicing in the State of
Texas. They are expected to rely on their experience in matters of this sort, as well as the various
factors discussed in the rules of professional responsibility, which typically bear on the
reasonableness of attorney fees.
Specifically, they will evaluate the fees based on, among other things: (1) the time and
labor required, the novelty and difficulty of the questions involved, and the skill required to
perform the legal service properly; (2) the likelihood that the acceptance of the particular
employment will preclude other employment by the lawyers; (3) the fee customarily charged in
the locality for similar legal services; (4) the amount involved and the results obtained; (5) the time
limitations imposed by the client or by the circumstances; (6) the nature and length of the
professional relationship with the client; (7) the experience, reputation, and ability of the lawyer
or lawyers performing the services; and (8) whether the fee is fixed or contingent based on results
obtained or uncertainty of collection before the legal services have been rendered. Kilpatrick
Townsend & Stockton rendered legal services to Plaintiffs in this lawsuit. These services
include/will include correspondence, research, legal analysis, hearing appearances, preparation
and presentation or pleadings, motions, and discovery; such services are expected to continue
through the duration of this arbitration. To the extent it is or becomes necessary or appropriate,
Messrs. Gaudet and/or Nieto are expected to testify that Plaintiffs’ attorney fees are reasonable
and necessary. The grounds for their opinions are based upon their legal education and experience,
review of invoices, other parties' attorney fees invoices and statements, testimony or other
documentation provided by other party's attorney fees expert and their knowledge of attorney fees
customarily charged in lawsuits of this nature. Messrs. Gaudet and/or Nieto will also rely on their
knowledge and review of the case file, pleadings, motions, discovery, orders and other instruments
created or exchanged by and between the parties among other things.
The current resumes and bibliographies for Messrs. Gaudet and Nieto can be found at the
website: https://www.kilpatricktownsend.com, such information is fully incorporated into these
disclosures.
An affidavit of attorney fees and redacted invoices detailing Messrs. Gaudet and/or Nieto’s
opinion have been produced to opposing counsel and are bates labeled as TRAPP 001163 —
001246. Messrs. Gaudet and Nieto reserve the right to supplement their opinion through affidavit
or live testimony regarding this matter.
B) Property Value Expert
1. Sean Trapp
Elena Trapp
c/o Nicholas J. Nieto
Kilpatrick Townsend & Stockton LLP
700 Louisiana Street, Suite 4300
Houston, Texas 77002
Phone: 281-809-4080
Mr. and/or Mrs. Trapp are expected to testify regarding the fair market value of the
Property and/or any reduction in the current market value of the Property. Mr. and Mrs. Trapp are
the Plaintiffs in this lawsuit and owners of the Property at issue. Mr. and Mrs. Trapp’s testimony
and opinion will be based on, among other items, evidence of price paid, nearby sales, tax
valuations, appraisals, and online resources. Below is a list of all documents, tangible things,
reports, models, and data compilations that have been provided to, reviewed by, or prepared by or
for Mr. and/or Mrs. Trapp in anticipation of his and/or her testimony:
e All pleadings in this lawsuit;
. All discovery exchanged among the parties in this lawsuit;
. All documents produced by Ward Brown;
e All documents produced by the Trapps.
il. RESIDUAL DESIGNATION
Plaintiffs additionally hereby cross-designate all experts whom any litigant party names in
any discovery response. In other words, Plaintiffs may also call as an expert witness anyone
already identified or subsequently identified (as having expert knowledge or opinions) by any other
party to this suit. In addition to those experts designated above, Plaintiffs cross-designate all
experts designated by other parties as adverse experts and/or persons with knowledge of relevant
facts and their testimony may include opinions or statements which constitute expert testimony,
including lay opinion testimony. Plaintiffs specifically reserve the right to elicit expert opinion or
lay opinion testimony from these individuals.
IV. REBUTTAL
Plaintiffs hereby reserve the right to call on undesignated rebuttal expert witnesses in
support of their affirmative claims and/or defenses, whose testimony cannot reasonably be
foreseen until presentation of the evidence in this matter.
Respectfully submitted,
KILPATRICK TOWNSEND AND STOCKTON, LLP
By: /s/ Nicholas J. Nieto
BRIAN R. GAUDET
Texas Bar No. 24045928
NICHOLAS J, NIETO
Texas Bar No. 24098179
700 Louisiana Street, Suite 4300
Houston, Texas 77002
Telephone: (281) 809-4080
Telecopier: (281) 783-2286
Email: bgaudet@kilpatricktownsend.com
Email: nnieto@kilpatricktownsend.com
ATTORNEYS FOR PLAINTIFFS
SEAN TRAPP AND ELENA TRAPP
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document has been forwarded to the
following counsel of record in accordance with the Texas Rules of Civil Procedure on the 11th
day of November, 2022:
Via Email: aschreck@downsstanford.com
Via Email: awhiteley@downsstanford.com
Andrew Z. Schreck
Austin A. Whiteley
DOWNS & STANFORD, P.C.
14090 Southwest Freeway, Suite 270
Sugar Land, Texas 77478
Attorney for Defendant
Via Email: kpowers@burfordperry.com
M. Kevin Powers
Burford Perry LLP
909 Fannin St., Suite 2630
Houston, Texas 77010
Attorney for Defendant
/s/ Nicholas J. Nieto
Nicholas J. Nieto
Preview
EXHIBITB CAUSE NO. 2021-45494 SEAN TRAPP and ELENA TRAPP IN THE DISTRICT COURT OF Plaintiffs, Vv. HARRIS COUNTY, TEXAS. WARD-BROWN PARTNERS, LLC d/b/a WARD BROWN BUILDERS Defendant. 80T™ JUDICIAL DISTRICT PLAINTIFFS’ EXPERT WITNESS DESIGNATION Pursuant to the Texas Rules of Civil Procedure, Plaintiffs Sean Trapp and Elena Trapp (collectively, the “Trapps” or “Plaintiffs”) make the following Expert Witness Designation in connection with the above-captioned lawsuit against Defendant Ward-Brown Partners, LLC d/b/a Ward Brown Builders (“Ward Brown” or “Defendant’). Plaintiffs reserve the right to amend and/or supplement these disclosures as the investigation and discovery continues, and in accordance with the Texas Rules of Civil Procedure. I. RETAINED EXPERTS 1. Warren French French Engineering, LLC 8900 Eastloch Drive, Suite 130 Spring, Texas 77379 Phone: 281-440-8284 Mr. French’s current resume and bibliography and testimony in the past five years can be found at TRAPP 000794 — 000804. Mr. French is expected to testify regarding his investigation of the Property at issue in this lawsuit, including his opinions pertaining to the general conditions of the Property, the construction of the Property, the quality of construction on the Property, the construction deficiencies he observed, and corresponding damages to the Property. He will further opine as to the industry standard for construction of the Property at issue and Ward Brown’s failure to meet same. Mr. French’s will also testify regarding the appropriate repairs that must be made to remedy the construction deficiencies and damages. Mr. French’s mental impressions and opinions, as well as the basis for these items, are outlined in more detail in his expert report. A copy of Mr. French’s report was initially provided to Defendant on December 22, 2021 and was produced with the Trapp’s supplemental production, bates labeled TRAPP 000665 — 000793. Mr. French’s findings and opinions are based upon, among other items, his experience, the inspections performed on the Property by French Engineering, LLC (on August 13, 2021, October 5, 2021, October 6, 2021, and October 8, 2021), photographs of the Property, documents provided by Plaintiffs, construction documents, plans and specifications, manufacturer’s instructions, consultant reports, building codes, and publications. Below is a list of all documents, tangible things, reports, models, and data compilations that have been provided to, reviewed by, or prepared by or for Mr. French in anticipation of his testimony: . All pleadings in this lawsuit; e All discovery exchanged among the parties in this lawsuit; e All documents produced by Ward Brown; . All documents produced by the Trapps, including, but not limited to: ° TRAPP 000002 — 000019: Matt Gray, PE Structural Engineering Report, dated 7/17/18 TRAPP 000020 — 000057: Sentinel Report, dated 7/17/18 TRAPP 000058 — 000071: StuccoSpec Report, dated 7/17/18 TRAPP 000115 — 000122: Sentinel Report, dated 8/14/18 TRAPP 000142 — 000158: Hedderman Services Report, dated 1/6/21 TRAPP 000175 — 000190: Mr. French’s inspection protocol TRAPP 000273 — 000319: Photographs taken by Mr. French and/or his associate Danny Tran on August 13, 2021 TRAPP 000320 — 000466: Photographs taken by Mr. French and/or his associate Danny Tran on October 5, 2021 TRAPP 000467 — 000628: Photographs taken by Mr. French and/or his associate Danny Tran on October 6, 2021 TRAPP 000629 — 000655: Photographs taken by Mr. French and/or his associate Danny Tran on October 8, 2021 TRAPP TRAPP 000665 — 000793: Mr. French’s expert report TRAPP 000273 — 000655, TRAPP 000656 — 0001162: Mr. French’s case file Mr. French’s engagement letter reflecting the compensation to be paid for his study and testimony in connection with this lawsuit can be found at TRAPP 000656 - 000664. All invoices issued by French Engineering, LLC in connection with this lawsuit can be found at TRAPP 001127 — 001162. Mr. French has been made available for deposition since his report was produced to Defendant on December 22, 2021. Mr. French reserves the right to supplement his opinions upon receiving additional information and in response to any opinions given by any other expert in this matter. Plaintiffs also incorporate Mr. French’s eventual deposition and testimony therein into this designation. This designation is in compliance with and pursuant to the Texas Rules of Civil Procedure, the deadlines imposed by the Court, and the Rule 11 agreements entered into between the parties. 2. Karen Travelstead Cardinal Construction & Design, L.L.C 14019 Southwest Freeway, suite 301-175 Sugarland, TX 77478 Phone: 713-412-4111 Ms. Travelstead’s current resume and bibliography can be found at 001250 — 001251. She is expected to testify regarding the cost of necessary repairs to remedy the construction deficiencies and damages on the Property as well as market fluctuations regarding costs of repair and materials. Ms. Travelstead’s has been in the construction industry since 1991 and currently owns and operates a turnkey design-build remodeling, referral based, business in the greater Houston area. She has also attended several Greater Houston Builder’s Association and other education seminars, including building sciences. Ms. Travelstead is expected to testify that the cost to repair the damages arising from Ward Brown’s defective construction of the Property ranges is $386,350, subject to a 20-25% fluctuation due to price escalation and market fluctuations. Ms. Travelstead has not reduced her opinions to a report; should she reduce her opinions to a report, such will be produced immediately. Ms. Travelstead’s findings and opinions are based upon, among other items, her experience, her inspection of the Property, the inspections performed on the Property by French Engineering, LLC (on August 13, 2021, October 5, 2021, October 6, 2021, and October 8, 2021), photographs of the Property, documents provided by Plaintiffs, third-party estimates, construction documents, plans and specifications, manufacturer’s instructions, consultant reports, building codes, publications, and industry costs of materials and repairs. Below is a list of all documents, tangible things, reports, models, and data compilations that have been or will be provided to, reviewed by, or prepared by or for Ms. Travelstead in anticipation of her testimony: . All pleadings in this lawsuit; e All discovery exchanged among the parties in this lawsuit; . All documents produced by Ward Brown; e All documents produced by the Trapps, including, but not limited to: ° All invoices and estimates of repair costs ° TRAPP 000002 — 000019: Matt Gray, PE Structural Engineering Report, dated 7/17/18 TRAPP 000020 — 000057: Sentinel Report, dated 7/17/18 TRAPP 000058 — 000071: StuccoSpec Report, dated 7/17/18 TRAPP 000115 — 000122: Sentinel Report, dated 8/14/18 TRAPP 000142 — 000158: Hedderman Services Report, dated 1/6/21 TRAPP 000175 — 000190: Mr. French’s inspection protocol TRAPP 000273 — 000319: Photographs taken by Mr. French and/or his associate Danny Tran on August 13, 2021 TRAPP 000320 — 000466: Photographs taken by Mr. French and/or his associate Danny Tran on October 5, 2021 TRAPP 000467 — 000628: Photographs taken by Mr. French and/or his associate Danny Tran on October 6, 2021 TRAPP 000629 — 000655: Photographs taken by Mr. French and/or his associate Danny Tran on October 8, 2021 TRAPP TRAPP 000665 — 000793: Mr. French’s expert report ° TRAPP 000273 — 000655, TRAPP 000656 — 0001162: Mr. French’s case file; ° TRAPP 001252 — 001254: Ms. Travelstead’s April 7, 2022 estimate ° TRAPP 001256 — 001258: Allied’s November 10, 2022 estimate Ms. Travelstead’s engagement letter reflecting the compensation to be paid for her study and testimony in connection with this lawsuit can be found at TRAPP 001247 — 001249. All invoices issued by Cardinal Construction & Design, L.L.C. in connection with this lawsuit can be found at TRAPP 001255. Ms. Travelstead has been made available for deposition. Ms. Travelstead reserves the right to supplement her opinions upon receiving additional information and in response to any opinions given by any other expert in this matter. Plaintiffs also incorporate Ms. Travelstead’s eventual deposition and testimony therein into this designation. This designation is in compliance with and pursuant to the Texas Rules of Civil Procedure, the deadlines imposed by the Court, and the Rule 11 agreements entered into between the parties. Il. ADDITIONAL TESTIFYING EXPERTS A) Attorney Fee Experts 1. Brian R. Gaudet Nicholas J. Nieto Kilpatrick Townsend & Stockton LLP 700 Louisiana Street, Suite 4300 Houston, Texas 77002 Phone: 281-809-4080 Counsel above are not retained experts. Messrs. Gaudet and Nieto may testify as to the reasonableness, necessity of, and amount of attorney fees incurred in the above matter for Plaintiffs’ affirmative claims against Defendant. They will base their testimony on their knowledge of the work performed on this matter, experience as licensed attorneys, experience in cases involving issues similar to those present in this case, knowledge of the usual and customary attorney fees charged in Harris County and the State of Texas for similar representation, the skill required to perform the legal services, the time limitations imposed by the client or by the circumstances, the nature and length of the professional relationship with the client, the expertise, reputation, and ability of counsel, the extent of responsibility assumed, the benefits to be derived, and the costs and expenses incurred. Messrs. Gaudet and Nieto may testify by affidavit or live testimony. The current resumes and bibliographies for Messrs. Gaudet and Nieto can be found at the website: https://www.kilpatricktownsend.com, such information is fully incorporated into these disclosures. Counsel above are not retained experts. Messrs. Gaudet and/or Nieto may testify as to the reasonableness, necessity of, and amount of attorney fees incurred in the above matter for Plaintiffs’ affirmative claims against Defendant. Messrs. Gaudet and Nieto are familiar with the reasonable attorney fees incurred in matters of this type. The testimony of Messrs. Gaudet and/or Nieto regarding the reasonableness and necessity of attorney fees incurred by the parties in the course of this litigation is subject to any rulings by the Court. Messrs. Gaudet and/or Nieto are licensed attorneys practicing in the State of Texas. They are expected to rely on their experience in matters of this sort, as well as the various factors discussed in the rules of professional responsibility, which typically bear on the reasonableness of attorney fees. Specifically, they will evaluate the fees based on, among other things: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill required to perform the legal service properly; (2) the likelihood that the acceptance of the particular employment will preclude other employment by the lawyers; (3) the fee customarily charged in the locality for similar legal services; (4) the amount involved and the results obtained; (5) the time limitations imposed by the client or by the circumstances; (6) the nature and length of the professional relationship with the client; (7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and (8) whether the fee is fixed or contingent based on results obtained or uncertainty of collection before the legal services have been rendered. Kilpatrick Townsend & Stockton rendered legal services to Plaintiffs in this lawsuit. These services include/will include correspondence, research, legal analysis, hearing appearances, preparation and presentation or pleadings, motions, and discovery; such services are expected to continue through the duration of this arbitration. To the extent it is or becomes necessary or appropriate, Messrs. Gaudet and/or Nieto are expected to testify that Plaintiffs’ attorney fees are reasonable and necessary. The grounds for their opinions are based upon their legal education and experience, review of invoices, other parties' attorney fees invoices and statements, testimony or other documentation provided by other party's attorney fees expert and their knowledge of attorney fees customarily charged in lawsuits of this nature. Messrs. Gaudet and/or Nieto will also rely on their knowledge and review of the case file, pleadings, motions, discovery, orders and other instruments created or exchanged by and between the parties among other things. The current resumes and bibliographies for Messrs. Gaudet and Nieto can be found at the website: https://www.kilpatricktownsend.com, such information is fully incorporated into these disclosures. An affidavit of attorney fees and redacted invoices detailing Messrs. Gaudet and/or Nieto’s opinion have been produced to opposing counsel and are bates labeled as TRAPP 001163 — 001246. Messrs. Gaudet and Nieto reserve the right to supplement their opinion through affidavit or live testimony regarding this matter. B) Property Value Expert 1. Sean Trapp Elena Trapp c/o Nicholas J. Nieto Kilpatrick Townsend & Stockton LLP 700 Louisiana Street, Suite 4300 Houston, Texas 77002 Phone: 281-809-4080 Mr. and/or Mrs. Trapp are expected to testify regarding the fair market value of the Property and/or any reduction in the current market value of the Property. Mr. and Mrs. Trapp are the Plaintiffs in this lawsuit and owners of the Property at issue. Mr. and Mrs. Trapp’s testimony and opinion will be based on, among other items, evidence of price paid, nearby sales, tax valuations, appraisals, and online resources. Below is a list of all documents, tangible things, reports, models, and data compilations that have been provided to, reviewed by, or prepared by or for Mr. and/or Mrs. Trapp in anticipation of his and/or her testimony: e All pleadings in this lawsuit; . All discovery exchanged among the parties in this lawsuit; . All documents produced by Ward Brown; e All documents produced by the Trapps. il. RESIDUAL DESIGNATION Plaintiffs additionally hereby cross-designate all experts whom any litigant party names in any discovery response. In other words, Plaintiffs may also call as an expert witness anyone already identified or subsequently identified (as having expert knowledge or opinions) by any other party to this suit. In addition to those experts designated above, Plaintiffs cross-designate all experts designated by other parties as adverse experts and/or persons with knowledge of relevant facts and their testimony may include opinions or statements which constitute expert testimony, including lay opinion testimony. Plaintiffs specifically reserve the right to elicit expert opinion or lay opinion testimony from these individuals. IV. REBUTTAL Plaintiffs hereby reserve the right to call on undesignated rebuttal expert witnesses in support of their affirmative claims and/or defenses, whose testimony cannot reasonably be foreseen until presentation of the evidence in this matter. Respectfully submitted, KILPATRICK TOWNSEND AND STOCKTON, LLP By: /s/ Nicholas J. Nieto BRIAN R. GAUDET Texas Bar No. 24045928 NICHOLAS J, NIETO Texas Bar No. 24098179 700 Louisiana Street, Suite 4300 Houston, Texas 77002 Telephone: (281) 809-4080 Telecopier: (281) 783-2286 Email: bgaudet@kilpatricktownsend.com Email: nnieto@kilpatricktownsend.com ATTORNEYS FOR PLAINTIFFS SEAN TRAPP AND ELENA TRAPP CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document has been forwarded to the following counsel of record in accordance with the Texas Rules of Civil Procedure on the 11th day of November, 2022: Via Email: aschreck@downsstanford.com Via Email: awhiteley@downsstanford.com Andrew Z. Schreck Austin A. Whiteley DOWNS & STANFORD, P.C. 14090 Southwest Freeway, Suite 270 Sugar Land, Texas 77478 Attorney for Defendant Via Email: kpowers@burfordperry.com M. Kevin Powers Burford Perry LLP 909 Fannin St., Suite 2630 Houston, Texas 77010 Attorney for Defendant /s/ Nicholas J. Nieto Nicholas J. Nieto