Document for CARLSON, JEFF vs. HUTCHISON INCORPORATED

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                                ARBITRATION FILED WITH AND BEFORE THE
                      HONORABLE CHARLES R. JONES
                                                            *
SCOTT K. SULLIVAN, et al.,

        Claimants

Vv.
                                                            Locale of Final Hearing:               Houston,
Texas
THE FELDMAN LAW FIRM LLP, et al. *
    Respondents
                         ERE ERE EERE RE
        EE RRR ERE ERR KEO
HEE AKIHIR


                                    FINAL ARBITRATION AWARD

        The undersigned Arbitrator conducted a final hearing in this arbitration on

August 3, 2021, to August 7, 2021; August 9, 2021; August 16, 2021, to August 24,

2021;    September       14, 2021;      September         23, 2021,     to September        24,   2021;    and

September 28, 2021, to October 3, 2021.                   Four arbitrators, including this Arbitrator,

heard evidence at the final hearing at the same time (thereby saving the parties the

time and expense of four separate hearings), but each arbitrator indicated that he or

she would render his or her own reasoned award separately.!                        This Arbitrator has

rendered this Final Arbitration Award separately from the other arbitrators, and the

findings of fact and conclusions of law below are this Arbitrator’s alone.”



1 See, e.g., Order on Pending Motions to Continue at pp. 2, 4 (Mar. 1, 2021).
2 With respect to any finding of fact that should more accurately be characterized as a conclusion of law or any
conclusion of law that should more accurately be characterized a finding of fact, it is so deemed.

                                                      1
                                                                      Exhibit 11
By Order of this Arbitrator dated July 18, 2021, their remains to be rendered

 an award for damages in the class proceeding (except for PoolRe to which the class

 proceeding does not apply). This Arbitrator retains jurisdiction to conduct all further

 proceedings necessary to render a Final Award on class damages.

         The arbitration clause governing this arbitration is contained in the Joint

 Engagement Letter for Captive Formation/Administration, dated October 22, 2015

 (Revised November              10, 2015).3          The    Joint Engagement             Letter     states    that the

 arbitration shall apply Texas substantive law and the Commercial Arbitration Rules

“of the American           Arbitration Association.’                Pursuant to AAA               Rule 46(b), this

 Arbitrator believes that the seriousness and complexity of the issues raised, and the

 Parties’ extensive efforts in prosecuting and defending this matter, warrant the

 following reasoned award.




 3 See Exhibit J-20, Joint Engagement Letter at SULLIVANO11081. A substantially similar, ifnot identical, arbitration
 clause exists between Respondents and each of the Class Members.         See Exhibit DRS-2245, Family Parties’ Joint
 Engagement Letter; Exhibit DRS-2246, Logistics Parties’ Joint Engagement Letter; Exhibit-2247, McAda Parties*
 Joint Engagement Letter; Exhibit DRS-2248, Clear Parties’ Joint Engagement Letter; Exhibit DRS-2249, HEC
 Parties’ Joint Engagement Letter; Exhibit DRS-2250, Stampings Parties’ Joint Engagement Letter; Exhibit DRS-2251,
 Communication Parties’ Joint Engagement Letter; Exhibit DRS-2252, Foundation Parties’ Engagement Letter,
 Exhibit DRS-2253, Generative Parties’ Joint Engagement Letter; Exhibit DRS-2254, Lumbar Parties’ Joint
 Engagement Letter; Exhibit DRS-2255, Prosthesis Parties’ Joint Engagement Letter; Exhibit DRS-2256, Counsel
 Parties’ Joint Engagement Letter; Exhibit DRS-2257, River Parties’ Joint Engagement Letter; Exhibit DRS-2258,
 Tlumination Parties’ Joint Engagement Letter. The Joint Engagement Letters provide that the Arbitrator has
 “exclusive authority to resolve all disputes and challenges to the formation and enforceability of the parties’
 agreements as a whole.”    See, e.g., Exhibit J-20, Joint Engagement Letter at SULLIVANO11081.           Pursuant to this
 authority, and to ensure due process, this Arbitrator ruled that the four-month limitation in the Joint Engagement Letter
 was unenforceable as unconscionable under the circumstances presented. See, e.g., Order on Pending Motions to
 Continue at pp. 4-6 (Mar. 1, 2021). The Arbitrator’s ruling regarding the unenforceability of the four-month limitation
 in the Joint Engagement Letter is adopted herein.
 4 See Exhibit J-20, Joint Engagement Letter at SULLIVANO11081.

                                                           2
THE PARTIES AND THE PROCEEDINGS


1)       Claimants are Dr. Scott Sullivan, Dr. Frank DellaCroce; St. Charles Surgical

Hospital, LLC;          St. Charles Holdings, LLC; Center for Restorative Breast Surgery,

LLC;     Sigma Delta Billing, LLC;                       Sunrise Productions, LLC;                  Cerberus Insurance

Corp.;    Janus        Insurance   Corp.;               and      Orion       Insurance     Corp.     (collectively,       the

“Doctors”).

2)       Claimants        appear       in        both         their    individual       capacities     as    well    as     in

representative capacities on behalf of a certified class.                                        Rule 7 of the AAA

Supplementary Rules for Class Arbitrations (“AAA Class Rules”) provides that the

“final award shall be reasoned and shall define the class with specificity.”* Pursuant

to AAA         Class    Rule    7, and           consistent           with   the Arbitrators’        prior orders,        this

Arbitrator defines the “Class” with specificity as follows:

         All     insureds,captives, participants, and owners thereof who
         participated in the 2018 PoolRe reinsurance risk pool and the 2019
         PoolRe reinsurance risk pool.

         Excluded        from   the class               are A.M.Y.           Property     &     Casualty     Corp.
         CAMY.”),            Stewart        A.     Feldman,            The     Feldman        Law    Firm,   LLP,
         Capstone         Associated             Services,            Wyoming,       Limited         Partnership,
         Capstone Associated Services, Ltd., Capstone Insurance Management,
         Ltd., Jeff Carlson, and all named insureds and additional named
         insureds in the 2018 and 2019 direct insurance policies issued by
         A.M.Y, which include but may not be limited to the following entities
         also excluded from the class: Feldman/Matz Interests, LLP; Marla B.
         Matz; Stewart A. Feldman & Associates, L.L.P.; Feldman Hanzen,
         LLP;     RSL      Funding,         LLC;          RSL-3B-IL,           Limited        Partnership;    RSL

5 See AAA Class Rule 7.
Special-IV,       Limited      Partnership;       RSL-5B-IL,          Limited      Partnership’
         Capstone         Insurance         Management         (Anguilla),        Ltd;     POC       Lease
         Holdings, LLC; Extended Holdings, Limited Partnership; RSL 2012-1,
         LP; RSL-3B-IL Management Corp.; RSL Special-ITV Management
         Corp.; Capstone Holdings Corp.; Extended Holdings Management
         Corp.; Chestnut Holdings, LLC; Property Express Funding, Ltd.; PEF
         Management Corp.; RSL 2012-1 Management Corp.; PRQ Qualified
         Investments, LLC;            Capstone Associated Services (Wyoming),                         LLC;
         and RSL-5B-IL Management Corp.

3)       AAA Class Rule 7 states that the final award shall “specify or describe those

to whom the notice provided in Rule 6 was directed, those the arbitrator finds to be

members       of the class, and those who have elected to opt out of the class.””                                 On

February 11, 2021, this Arbitrator approved the dissemination of notice to putative

class members,         as contemplated by AAA                 Class Rule 6.2         On June 11, 2021, this

Arbitrator ordered further notice to be sent to putative class members.’                              Pursuant to

the Arbitrators’        Orders, notice was sent to putative class members.”                             Following

extensive argument and briefing from the Parties, on July 8, 2021, this Arbitrator




® See Judge Jones’ Order (Feb. 11. 2021) (holding that Judge Medley’s Order certifying the class remains in full force
and effect in this arbitration); see also Judge Medley’s Supplemental Order on Claimants’ Motion for Class
Certification (Nov. 16, 2020) (defining the class); Judge Jones’ Order on the Doctors’ Motion to Redefine the Class
and/or exclude form the Class All A.MLY. Direct Insureds (June 21, 2021).
7 See AAA Class Rule 7.
® See Judge Jones’ Order (Feb. 11, 2021).
° See Judge Jones’ Order Relating to the Doctors’ Supplement to Motion to Deem Opt-Outs Invalid (Ime 11, 2021).
1° Pursuant to Orders from Judge Medley and Judge Dollinger, Respondents provided contact information for all
putative class members. See, e.g., Judge Dollinger’s Order, PoolRe Insurance Corp. v. Sullivan, No, 2020-74685 (Dec.
15, 2020) (“Contact information for absent class members shall be produced by noon central standard time December
18, 2020, and notice may be given to absent class members.”); see also Judge Medley’s Order on Motions Heard on
November 4, 2020 (Nov. 5, 2020).
accepted the recommendation                of the Doctors    as to class composition.*         This

Arbitrator deems the following individuals / entities to be properly part of the Class:

             e   The Doctors / Class Representatives include:

                      (1)      Janus Insurance Corp.
                      (2)      Cerberus Insurance Corp.
                      G3)      Orion Insurance Corp.
                      (4)      Scott Sullivan, M.D.
                      6)       Frank DellaCroce, M.D.
                      (6)      St. Charles Surgical Hospital, LLC
                      (7)      St. Charles Holdings, LLC
                      (8)      Center for Restorative Breast Surgery, LLC
                      (9)      Sigma Delta Billing, LLC

             ¢   The “Communication Parties” include:

                      (10)     Communication Casualty Corp.
                      (11)     Communication Holdings, LLC
                      (12)     Cole Speech & Language Center, LP.
                      (13)     Cole Consolidated Rehab, LLC
                      (14)     AJCR Enterprises, LP
                      (15)     AJCR2 Enterprises, LP
                      (16)     Cole Ventures, LP
                      (17)     JACNY 2000, LLC
                      (18)     Cole Health, Inc. fka Northeast Rehab Center, Inc.
                      a9)      Cole ABA Solutions,          Inc.   fka   Champions   Billing     &
                               Bookkeeping Inc.
                      (20)     Adam C. Cole

             e   The “Counsel Parties” include:

                      (21)     Counsel Casualty Corp.
                      (22)     John D. McMickle
                      (23)     JDM Public Strategies, LLC
                      (24)     JDM Holdings, Inc.


\ See Judge Jones’ Order (July 8, 2021).
«   The “Foundation Parties” include:

       (25)    Foundation Casualty Corp.
       (26)    Foundation Holdings, LLC
       (27)    Rouillard, Inc.
       (28)    Rouillard Concrete, LLC
       (29)    Rou Leasing, Inc.
       0)      Carleen Rouillard

e   The “Generative Parties” include:

       G1)     Generative Casualty Corp.
       (32)    Nathaniel Zoneraich
       (33)    Beth E. Zoneraich
       G34)    Advanced Fertility Care, PLLC
       (35)    Arizona Advanced Reproductive Laboratories, LLC
       (36)    Arizona Advanced Surgery Center, LLC
       37)     Arizona Advanced Real Estate, LLC

e   The “HEC Parties” include:

       (38)    HEC II Assurance
       G9)     Robert C. Smith
       (40)    Jeff Babin
       (41)    Silverline Capital Holdings, LLC
       (42)    Brookwood Properties, L.L.C.
       (43)    Brookwood - Greenwell Springs, L.L.C.
       (44)    Brookwood - Airport, L.L.C.
       (45)    Brookwood - Essen, L.L.C.
       (46)    Brookwood - Millerville, L-L.C.
       (47)    Brookwood - Prairieville, L.L.C.
       (48)    Brookwood Holdings LA, L.L.C.
       (49)    Brookwood Holdings MS, L.L.C.
       (50)    Brookwood Capital, L.L.C.
       (51)    Brookwood ~ Camellia, L.L.C.
       (52)    Brookwood - Evangeline, L.L.C
       (53)    Brookwood - Verot, L.L.C.
       (654)   Brookwood - Behrman, L.L.C.
       (5)     Brookwood - Dutchtown, L.L.C
       (56)    Brookwood - O'Neal, L.L.C.
                                   6
(57)   Brookwood - Webster, L.L.C.
   (58)   Brookwood - Labarre, L-L.C.
   (59)   Brookwood - Elmwood, L.L.C
   (60)   Brookwood - Riverside, L.L.C
   (61)   Brookwood - Read, L.L.C.
   (62)   Brookwood - Range, L.L.C.
   (63)   Provence Pointe Development, L.L.C.

The “Lumbar Parties” include:

   (64)   Lumbar Casualty Corp.
   (65)   Dr. K Samer Shamieh
   (66)   Jomel Whittington
   (67)   Diagnostic and Interventional Spinal Care of Louisiana, Inc.
   (68)   Fairway Medical Center, LLC

The “Prosthesis Parties” include:

   (69)   Prosthesis Casualty Corp.
   (70)   Brett S. Basanez
   (71)   Michael T. Boyd
   (72)   EverGen Surgical Inc.

The “River Parties” include:

   (73)   River Casualty Corp.
   (74)   Mark Przybysz
   (75)   River Holdings, LLC
   (76)   Enerco Group, Inc.
   (77)   Flex-Tech Hose & Tubing LLC
   (78)   FT Real Estate LLC

The “Stampings Parties” include:

   (79)   Stampings Casualty Corp.
   (80)   Norman French
   (81)   Stampings Holdings, Limited Partnership
   (82)   Profile Holdings, Inc.
   (83)   Profile Metal Forming, Incorporated
   (84)   Profile, Inc.
(85)   Profile Management, LLC
       (86)   McKenzie Building 370, L.L.C.
       (87)   10 Forbes Road, LLC
e   The “Clear Parties” include:

       (88)   Clear Casualty Corp.
       (89)   Don Wootton
       (90)   Clear Holdings, LLC
       (91)   Contemporary Glass Tempering, LLC
       (92)   Donald Wootton Investments, Inc.
       (93)   Houston Flat Glass Products, LLC
       (94)   Marketing Group of Texas, Inc.
       (95)   Donald Wootton Investments Austin, LLC
       (96)   Donald Wootton Investments Long Point, LLC
       (97)   Donald Wootton Investments Eagle Lake Farm, LLC
       (98)   Donald Wootton Investments Campbell Road, LLC

e   The “XtraLight Parties” include:

       (99)   Jlumination Casualty Corp.
       (100) JC-MC Holdings, LLC
       (101) XtraLight Manufacturing, Ltd.
       (102) Jerry Caroon
       (103) XtraLight Services

© The “McAda Parties” include:

       (104) Fluids Casualty Corp.
       (105) McAda Irrevocable Family Trust
       (106) Sherri S. Mills
       (107) James McAda
       (108) McAda Drilling Fluids, Inc.
       (109) McAda Valve and Supply Inc.

e   The “Family Parties” include:

       (110) Family Casualty Corp.
       (111) Family Practice Holdings, LLC
       (112) 1960 Family Practice, P.A.
                                   8
(113)    Cypress Creek ER of Harmony, PLLC
                 (114)    ER Cypress Creek, PLC
                 (115)    Providence ER of Northwest PLLC
                 (116)    ER Doctors of Cypress Creek, PLLC
                 (117)    PHNH Physician Associates, PLLC
                 (118)    Providence Hospital Group, LLC
                 (119)    Providence Hospital Holdings, LP
                 (120) Providence Hospital Partners, LLC
                 (121) Express Specialty Pharmacy, LLC
                 (122) Texas Managerial Medical Services, LLC
                 (123) Texas Radiology Associates, PA
                 (124) 1960 Physician Associates
                 (125) Everest Real Estate of Investments, LLP
                 (126) TMMS Staffing, LLC
                 (127) Providence ER of Spring, LLC
                 (128) Express Pharmacy of Spring, LLC
                 (129) Huong Le, M.D.

          e   The “Logistics Parties” include:

                 (130)    Logistics Casualty Corp.
                 (131)    Logistics Holdings, LLC
                 (132)    Tratt Properties, LLC
                 (133)    JIM Nile, LLC
                 (134) JEM Holding, LLC
                 (135) New Nile, LLC
                 (136) PBV Logistics Center, LLC
                 (137) Santa Fe Logistics Center, LLC
                 (138) SFLC Nile, LLC
                 (139) WSDC, LLC
                 (140) ERG Mezz, LLC
                 (141) Eagle Realty Group, LLC

4)     Pursuant to AAA      Class Rule 7, and consistent with the Arbitrator’s July 8,

2021, Order, the Arbitrator deems the following entities/individuals to have properly

opted out of the class:

                 ()       Advanced Insurance Corp.

                                           9
2)     Helsinki Investment Trust
G3)    Advanced Facial Plastic Surgery Center
(4)    Merkaz Management, LLC
(5)    Merkaz Holdings, Ltd.
(6)    Michelle Bassichis
       Ben Bassichis
(8)    Airline Casualty Corp.
(9) Bruce D. Burglass, Jr.
(10) Burglass & Tankersley, LLC
qd) Align Casualty Corp.
(12) Jack P. Devereux
(13) Phuong N. Nguyen
(14) Devereux and Nguyen, LLC
(15) Devereux and Nguyen South, LLC
(16) Devereux and Nguyen Properties, LLC
(17) SmileLogics, LLC
(18) Smile Partners of DN, LLC
(19) Astin Farm & Ranch Casualty Corp.
(20) Sam Astin
(21) Buffy S. Astin
(22)   Astin Family Farms Inc.
(23)   Astin Farms Inc.
(24)   Astin Ranch, Inc.
(25)   MPB Farms, Inc.
(26)   Aviation Casualty Corp.
(27)   The Leroy George Taylor Management Trust
(28)   Andrew W. Taylor
29)    Taylor Aviation, Inc.
30)    New Frontier Aviation, Inc.
G1)    SBA, Inc.
(32)   A-S Ranch, Inc.
33)    Basin Casualty Corp.
G4)    Craig Charbonnet
(35)   Craig S. Charbonnet, Inc.
(36)   Benefit Casualty Corp.
(37)   Vincent Munno
(38)   Nathan W. Medin
(39)   Universal Financial Consultants, Inc
(40)   Broker Insurance Marketing, Inc.
(41)   Caring Casualty Corp.

                           10
(42)   Timothy G. Goux
(43)   CareRise, LLC
(44)   The Healthcare Proprietors Agency, Inc
(45)   Rise Above Technologies, LLC
(46)   Chiller Casualty Corp.
(47)   Chiller Holdings, LLC
(48)   Tozour Energy Systems, Inc.
(49)   Tozour-Trane
(50)   3606 Horizon Associates GP, LLC
(31)   3606 Horizon Associates, LP
(52)   Smart Partners LLC
(53)   David Wagner
(54)   Compounding Casualty Corp.
(35)   Khyati Undavia
(56)   Minu RX, Ltd.
(57)   Chartwell Distributors, Inc.
(58)   Providian Holdings, Inc.
(59)   Crucible Casualty Corp.
(60)   Crucible Holdings, LLC
(61)   Service Steel Warehouse Co, L.P.
(62)   Coastal Realty LLC
(63)   Jonathan M. Osborne
(64)   Curb Casualty Corp.
(65)   Leaford J. Shakes
(66)   L.S. Curb Service, Inc.
(67)   L.S. Curb, Inc.
(68)   Dakota Casualty Holdings, Limited Partnership
(69)   Zones IT Solutions Inc.
(79)   Fana Capital Corporation
(71)   FANA 305 LLC
(72)   FANA Auburn LLC
(73)   FANA Auburn 234
(74)   FANA Baker Center LLC
(75)   FANA Brickell 51B LLC
(76)   Michael W. Chase
(77)   FANA Doyle
(78)   FANA Fisher Island
(79)   FANA Key LLC
(80)   FANA Northlake LLC
1)     FANA Federal Way Crossings I, LLC

                           11
(82)    FWC- Federal Way Crossing LLC
(83)    FWC — Fana Capital Corp
(84)    FWC — Remix
(85)    FANA Four 106 LLC
(86)    FANA Property Management Corp.
(87)    FANA 8 & Pine Partners LLC
(88)    FANA 8" & Pink Partners LP
(89)    FANA Burnhamthorpe Inc.
(90)    FANA Park Centre Inc.
1)      Florida Charters IT LLC
(92)    Florida Charters Management LLC
(93)    Zone Aircraft Leasing Inc.
(94)    Seikanon Corp.
(95)    FANA Parklane Ltd.
(96)    FANA 128" Development Corp.
(97)    FANA Federal Way Crossings Limited Partnership
(98)    FANA Federal Way Crossings II, LLC
(99)    Sunray Federal Way Crossings LLC
(100)   Sunray Federal Way Crossings 1] LLC
(101)   Sunray Federal Way Crossings II] LLC
(102)   Trimark-Federal Way Crossings LP
(103)   Trimark-Federal Way Crossings I, LP
(104)   Trinaf Federal Way Crossings LLC
(105) Trinaf Federal Way Crossings II, LLC
(106) Trinaf Federal Way Crossings ITI, LLC
(107) Devonshire Property & Casualty Insurance Corporation
(108) Storer Interests, Ltd.
(109) Storer Equipment Company, Ltd.
(110)   Storer HVAC Management Corporation
(111)   Craig Storer
(112)   Distillation Casualty Corp.
(113)   Distillation Holdings, LLC
(114)   BuzzBallz, LLC
(115)   McDaniel Champion, LLC
(116) Alex C. Kick
(117) Distribution Casualty Corp
(118) MB-DAB Trust
(119) MB-JLB Trust
(120) MB-LJB Trust
(121) LSJ Trust
                         12
(122) IBW Trust
(123) TSM Trust
(124) MGW Trust
(125) David A. Barish
(126)   The Chair King, Inc.
(127)   Eastern Casualty Corp.
(128)   Eastern Holdings, Limited Partnership
(129)   Eastrock Property & Casualty Insurance Corporation
(130)   Jeffery P. Gerber
(131)   Pierce Goodwin Alexander & Linville, Inc.
(132) PGAL, LLC
(133) Enhanced Casualty Corp.
(134) Northern Pintail Investments, LLC
(135) Advanced Plastic Surgery Solutions, LLC
(136)   Solutions Surgical Center, LLC
(137)   6620 McGinnis Ferry, LLC
(138)   10680 Medlock, LLC
(139)   Andrew Jimerson II
(140)   Farm & Ranch Casualty Corp.
(141)   Farm & Ranch Holdings, LLC
(142)   Hutchison, Inc.
(143)   Logan Valley Sales, Inc.
(144)   Hutchinson Rental, LLC
(145) Hutchinson Partners, LLC
(146)   George Hutchison
(147)   Forestry Casualty Corp.
(148)   Andrew W. Taylor
(149)   Taylor Aviation, Inc.
(150) New Frontier Aviation, Inc.
(151) SBA, Inc.
(152) A-S Ranch, Inc.
(153) Heirloom Casualty Corp.
(154) William D. Rau
(155) M.S. Rau Antiques, LLC
(156) UK. Fine Arts Ltd.
(157) Collector’s Capital, Inc.
(158) W&J Trucking, LLC
(159) W&J Investments, LLC
(160) Hospitality Casualty Corp.
(161) Hospitality Enterprises Partners, L-L.P.

                         13
(162) Bentonville Holdings, LLC
(163) Rogers Hospitality, LLC
(164) Generation Group, LLC
(165) Trident Holdings, LLLP
(166)   Wash Cycle, Inc.
(167)   Helix Hospitality, LLLP
(168)   Southaven Holdings, LLC
(169)   Huntsville Holdings, LLC
(170)   Shreyas (IR) Patel
(171)   Houghton Casualty Corp.
(172)   Firoz Lalji
(173)   Husky Casualty Corp.
(174)   Tisdall Investment Trust
(175)   William Alec Tisdall M.D., P.A.
(176)   Catherine Tisdall, MD, PLLC
(177)   Kasaihw LP
(178) William A. Tisdall
(179)   Catherine Tisdall
(180)   Texas AMSA LLC
(181)   Westover Anesthesia Services, PLLC
(182)   Import Casualty Corp.
(183)   IM Investors Group, LLC
(184)   Jacquelyn L. Barish
(185)   Leon J. Barish
(186)   Furniture Concepts, LLC
(187)   Lawyers-Exchange Casualty Corp.
(188)   Mary K. Criaco
(189)   Adam P. Criaco
(190)   Miller & Criaco, P.C.
(191)   Adam Criaco & Associates, LLP
(192) Machinist Casualty Corp.
(193) Machinist Holdings, LLC
(194) Morgan-Kalef Performance, Inc.
(195)   Windcrest Group Property Investment Corp.
(196)   Marine Casualty Corp.
(197)   Marine Holdings, Limited Partnership
(198)   Shamrock Marine, LLC
(199)   Thomas P. Marian
(200)   Mechanical Property & Casualty Insurance Corporation
(201)   Hunton Family II Limited Partnership

                           14
(202) The Hunton Group
(203) Bruce Seher
(204) HTI Management Corp.
(205) Hunton Family Limited Partnership I
(206)   Hunton   Limited Partnership IIT
(207)   Hunton   Family Limited Partnership V
(208)   Hunton   Family Limited Partnership VI
(209)   Hunton   Family Limited Partnership VII
(210)   HVAC     Mechanical Services of Texas, Ltd.
(211)   HVAC     Management Corp.
(212) HTL, Ltd.
(213) Hunton-Vail Management Corp.
(214) HDP Management Corp.
(215) HDP, Ltd.
(216) Greens Road A, LLC
(217) Convergentz Building Systems, LLC
(218) Seer Holdings, LLC
(219) Bruce Seher
(220)   Medical Casualty Corp.
(221)   2016 Georgina Helen Rodriguez Trust
(222)   2016 Ana Rodriguez Reddick Trust
(223)   Esteban Rodriguez, Sr.
(224)   Ana Avanzini Rodriguez
(225)   Anita Reddic
(226)   Medical Pius Supplies, Inc.
(227)   Mortgage Casualty Corp.
(228)   Quality S. Investments, LLC
(229)   Jimmy B. Shivers
(230)   Mortgage Specialist International, LLC
(231)   Steven J. Stallard
(232)   Nautical Casualty Corp.
(233)   Nautical Holdings, LLC
(234)   Buffalo Marine Service, Inc.
(235)   North Plains Casualty Corp.
(236) Suzanne L. Sooter
(237) Perry Lee Sooter
(238) The Toby Lee Sooter Investment Trust
(239) The Wendi Lavon Evans Investment Trust
(240) Western Hot Oil Service, Inc.
(241) Panhandle Disposal Service, Inc.

                          15
(242)   Nutraceutical Casualty Corp.
(243)   Nutraceutical Holdings, LLC
(244)   Bluebonnet Nutrition Corporation
(245)   Bluebonnet Nutraceutical, Ltd.
(246)   Bluebonnet Real Estate, Inc.
(247)   Ashford Enterprises, Inc.
(248)   Robert L. Barrows
(249)   Pacificus Casualty Corp.
(250)   Pacificus Holdings, Ltd.
(251)   Pacific Coast Sales & Service, Inc.
(252)   Michael J. Wood
(253)   Donald S. Druyanoff
(254)   Petroguard Property & Casualty Insurance Corp.
(255) Caldwell Family Trust
(256) RBC Energy Services, LLC
(257) BLSR Operating, Ltd.
(258) John H. Caldwell
(259)   Printing Casualty Corp.
(260)   Robert H. Kanner
(261)   Pubco Corporation
(262)   Seaside Factors, LLC
(263) Kroy, LLC
(264) Buckeye Business Products, Inc.
(265) Kelley Avenue
(266) Public Warehouse Company
(267)   Allied Construction Products, Inc.
(268)   Stephen Kalette
(269)   Recovery Casualty Corp.
(270)   Recovery Holdings, LLC
(271)   Venturetech, LP
(272)   Larry Keast
(273)   Redwood Casualty Corp.
(274)   Redwood Casualty Holdings, LLC
(275)   Dr. Teodoro P. Nissen, MD., Inc.
(276)   Ambulatory Surgery and Sports Medicine
(277)   Ambulatory Surgery Associates, LLC
(278)   Center for Specialized Surgery, LLC
(279) Joseph Centeno
(280) Reinforced Casualty Corp.
(281) MWC Irrevocable Trust

                          16
(282) Stainless Hose Fittings, Ltd.
(283) Stainless Hose Fittings Management, Inc
(284) SHF Building Ltd.
(285)   Michael W. Chapman
(286)   Restoration Casualty Corp.
(287)   Restoration Holdings, LLC
(288)   Texas Healthnet Medical Clinic, Ltd.
(289)   Texas Healthnet Medical, Clinic, Ltd.
(290) Jose Reyes
(291) Seer Casualty Corp.
(292)   Seer Holdings, LLC
(293)   SNF Casualty Corp.
(294)   SNF Holdings, Limited Partnership
(295)   Pontchartrain Pharmacy, L.L.C.
(296) Idaho Immovables, L.L.C.
(297)   Waldon Operations, L.L.C.
(298)   Riverside Immovables, L.L.C.
(299)   Metairie Operations, L-L.C.
(300)   Tim Goux
(301)   Steelco Casualty Corp.
(302)   Steelco Holdings, Ltd.
(303)   Supply Casualty Corp.
(304)   Vincent A. Bogucki
(305) Bogucki Enterprises, L.L.C.
(306) Kitchen Home Goods Limited Liability Company
(307) Bogucki Fulfillment, LLC
(308) Traffic Casualty Corp.
(309)   Ramesh and Laxmi Gunda 2013 Family Trust
(310)   Gunda Corporation, LLC
(311)   Ramesh Gunda
(312)   Transport Casualty Corp.
(313)   Transport Holdings, LLC
(314)   Russell Transport, Inc.
(315)   Jaber Leasing, LLC
(316)   Janus Logistics, LLC
(317)   Russell Risk Management, Inc.
(318)   Rami Abdeljaber
(319)   Vulcan Casualty Corp.
(320)   Oyvind Ragnhildstveit
(321)   Ren Jones

                         17
(322) Royce Judd
               (323) Michael Beck
               (324) Kai Data, LLC
               (325) Symphony Source, LLC
               (326) Radio and Digital, LLC
               (327) CORR Investments, LLC
               (328)     Bear River Management, LLC
               (329)     Wellness Casualty Corp.
               (330)     Michael A. Adams
               (331)     NN Store, LLC
               (332)     Triple Eight Holdings, LLC
               (333)     Webseed Inc.
                (334) CWC Labs, LLC
                (335) Jaz Natural, LLC
                (336) Chief Originals, LLC
                (337) Ananda Bhakti, LLC
                (338)    Sacred Lotus Acupuncture Clinic, L.L.C.
                (339)    Adam Property & Casualty Insurance Corporation
                (340)    HomeCo Holdings, Ltd.
                (341)    MHI Partnership, Ltd.
                (342)    McGuyer Homebuilders, Inc.
                (343)    MHI Models, Ltd.
                (344)    Homeco Purchasing Company, Ltd.
                (345)    7676 Woodway, Ltd.
                (346)    7676 Woodway GP, LLC
                (347) FMR IP, LLC
                (348) Gary Tesch

5)    Respondents       are   Stewart   Feldman   and   The   Feldman   Law   Firm   LLP

(collectively, “Feldman”); Capstone Associated Services, Ltd., Capstone Associated

Services (Wyoming), Limited Partnership; and Capstone Insurance Management,

Ltd. (collectively, “Capstone”); PoolRe Insurance Corp. (“PoolRe); and Jeff Carlson

(the FCP parties). PoolRe is not a Respondent in the Class Action.




                                             18
6)        The Doctors filed an Original Arbitration Demand with this Arbitrator on

December 19, 2020, and amended and/or supplemented their arbitration demands on

December 23, 2020; December 24, 2020; January 15, 2021; January 16, 2021; and

January 20, 2021. The Doctors’ arbitration demands and pre-trial pleadings assert a

variety     of    claims     against      Respondents,         including,      inter    alia,      professional

malpractice;       breach      of    fiduciary     duty;    professional        negligence;         negligence;

fraudulent misrepresentation; negligent misrepresentation; violations of the Texas

Deceptive Trade Practice Act; violations of the Texas Insurance Code; alter ego,

joint enterprise, joint, several, and solidary theories of liability, and/or vicarious

theory of liability; requests for declaratory judgment; and violations of the Racketeer

Influenced and Corrupt Organization Act (“RICO”). This Arbitrator addresses each

of Claimants’ claims against Respondents below in this final award.

                                               JURISDICTION


7)        This proceeding           commenced      on December          19, 2020, when             the Doctors

asserted claims against Mr. Feldman, Capstone, and PoolRe (collectively, “FCP”).”

At that time, the Doctors had previously asserted various claims, including but not

limited to class action claims against Mr. Feldman and Capstone (but not PoolRe),

which were pending before Judge Medley.                        Judge Medley had indicated that he



™ Respondents use the abbreviation “FCP” to refer jointly to Feldman, Capstone, and PoolRe.     This Arbitrator may
use that reference for consistency’s sake ~ however, any reference to FCP should nos be construed to suggest that
PoolRe is a party to the class action claims pending in this proceeding.

                                                      19
would not complete the class action claims because of the expiration of the four-

month time limitation on his arbitration.                Judge Medley indicated further that he

would leave class-related issues to be addressed by a subsequent arbitrator.

8)     Judge Medley         certified a class on November           5, 2020.    Judge Medley’s

decision not to complete the class proceedings before him was caused or contributed

to by FCP’s actions, including the procuring of a contractually prohibited temporary

restraining order from a Texas state court, which froze Judge Medley’s proceeding

in place for weeks at a time, as well as allegations that failed to comply with

discovery obligations in that proceeding.

9)      The Joint Engagement Letter provides that upon the expiration of four-months

from the commencement of an arbitration, “any party then may file another written

arbitration demand for arbitration of the dispute with another recognized neutral,

arbitrator.”*    Upon the expiration of Judge Medley’s jurisdiction on December 23,

2020, the Doctors then timely submitted the claims previously before Judge Medley

to this Arbitrator, both on December                23, 2020, and December      24, 2020.   This

Arbitrator was      the first to receive an arbitration demand            containing the claims

previously before Judge Medley upon the expiration of Judge Medley’s jurisdiction

on December 23, 2020.          Pursuant to the Doctors’ arbitration demands and extensive




1 See Exhibit J-20, Joint Engagement Letter at SULLIVANO11081.

                                                    20
briefing from the Parties, this Arbitrator concluded that he has sole and exclusive

jurisdiction over the Doctors’ class-related claims.

10)      On November 10, 2020, the Doctors filed an arbitration demand with Judge

Carolyn Gill-Jefferson, asserting claims against Mr. Feldman, Capstone, and PoolRe

under the Racketeer Influenced Corrupt Organizations Act (“RICO”),                            18 U.S.C.

§1964.      On December          10, 2020, Judge           Gill-Jefferson declined to arbitrate the

dispute. After Judge Gill-Jefferson announced that she would not serve as arbitrator,

and still on December 10, 2020, the Doctors filed a formal arbitration demand with

Judge Medley, which contained the claims previously before Judge Gill-Jefferson.

Judge Medley was the first to receive a formal arbitration demand containing the

claims previously before Judge Gill-Jefferson after Judge Gill-Jefferson indicated

that she would not serve as arbitrator.             However, as discussed above, Judge Medley

declined to extend his jurisdiction past December 23, 2020, and the Doctors were

the first to properly submit, on December 23, 2020, the claims previously before

Judge Medley,        including the RICO           claims, to a replacement arbitrator (i.¢., this

Arbitrator).    Pursuant to the Doctors’ arbitration demands, this Arbitrator concluded

that he has jurisdiction over the Doctors’ RICO claims.

11)      Arbitration     is a creature        of contract.“         The    scope    of this Arbitrator’s

jurisdiction is established by the Joint Engagement Letter signed on December 7,


\4 See Jody James Farms, JV, Altman Group, Inc., 547 S.W.3d 624, 629 (Tex. 2018).

                                                      21
2015.5       The Joint Engagement Leiter’s arbitration clause expressly contemplates

multiple “arbitrations” — plural -- and this construction has been confirmed in Judge

Dorfinan’s judicially-confirmed November 9, 2020, award,* by Judge Rosenthal,”

and by this Arbitrator.¥

12)      The Joint Engagement Letter incorporates the Commercial Arbitration Rules

ofthe AAA.              Both the plain language of the Joint Engagement Letter and the AAA

Commercial Arbitration Rules grant the Arbitrator broad powers to construe his or

her own authority.              The Joint Engagement Letter provides, inter alia, that “the

arbitrator . . . shall have the sole and exclusive ability to rule on all aspects of the

arbitrator’s appointment,” and “the issue of arbitrability shall likewise be decided by

the arbitrator, and not by any other person.”

13)       In addition, Rule 7 of the AAA Commercial Arbitration Rules empowers the

arbitrator “to rule on his or her own jurisdiction, including any objections with

respect to the existence, scope, or validity of the arbitration agreement or to the



15 See Exhibit J-20 in this, Joint Engagement Letter, at SULLIVANO11079-81.
© See Exhibit J-115, Judge Dorfinan’s Final Award, at {56 (“That language is further supported by the language in
the arbitration clause that contemplates multiple ‘arbitrations’ (note the plural), as well as the absence of any
requirement regarding the pleading of compulsory counterclaims in either the Engagement Letter or the AAA Rules
governing this proceeding.”
17 See Sullivan v. Feldman, 2020-2236, 2020 WL 7129879 (S.D. Tex. 12/4/2020) (Rosenthal, J.) (“The Engagement
Letter does not preclude the parties from proceeding with separate arbitrations for disputes involving overlapping but
different facts. The letter does not foreclose multiple ‘arbitrations,’ but simply requires that a ‘dispute’ be heard before
‘a single arbitrator.
18 See, e.g, Order denying FCP’s Jurisdictional Objection and Request for Dismissal (Feb. 8, 2021); Order on Pending
Motions to Continue at pp. 2-3 (Mar. 1, 2021). This Arbitrator expressly adopts and incorporates all its former rulings
and orders issued in these arbitration proceedings.
19 See Exhibit J-20, Joint Engagement Letter, at SULLIVAN 011081.

                                                            22
arbitrability of any claim or counterclaim.””                     In light of this provision, along with

the above-quoted language from the Joint Engagement Letter, this Arbitrator has the

authority to decide his own jurisdiction, and correspondingly, no other arbitrator can

infringe upon this Arbitrator’s jurisdiction to determine what claims are — or are not

— before this Arbitrator.

14)      FCP has challenged this Arbitrator’s authority and jurisdiction throughout

these proceedings, including but not limited to, the maintenance of the class action

claims      against Mr.          Feldman        and Capstone.?!           This    Arbitrator      rejected these

challenges to the class action in orders dated, February 8, 2021, February 11, 2021,

July 18, 2021, and November 9, 2021, which are adopted and incorporated herein.

Once again, this Arbitrator rejects Mr. Feldman’s and Capstone’s challenges and

maintains his sole and exclusive jurisdiction over the class.

15)      This Arbitrator holds that the Doctors can file their tort claims before this

Arbitrator, as Judge Dorfman specifically stated that tort claims were not before him.

Therefore, it is error to suggest that in this arbitration the Doctors are seeking to

recast     their tort       claims.      And,    this Arbitrator       previously        concluded        that “the

application of Texas substantive law, particularly In Re Houston Specialty Ins. Co.




29 See AAA Commercial Rules, Rule R-7.
21 The cover page to the FCP Parties’ post-hearing brief expressly incorporates and reiterates all previously lodged
objections to this Arbitrator’s jurisdiction.

                                                         23
569 S.W. 3d 18, 141 (Tex. 2019) is controlling.”                         To the extent that FCP seek

declarations      or determinations         of nonliability      for tort, professional          malpractice,

statutory violations, or the breach of fiduciary duties, such attempts to recast the

Doctors’     tort claims       are “legally     invalid, have        ‘no basis      in the law,’       and    are

dismissed.”

16)       The claims before this Arbitrator fall squarely within the rule of in re Houston

Specialty Insurance Co., as recognized by this Arbitrator’s February 8, 2021, Order

denying FCP’s jurisdictional objections and motion to dismiss this proceeding,

which is adopted and incorporated herein.                   No circumstances have changed since

this Arbitrator entered that ruling that warrant revisiting or altering that ruling.                          As

such, this Arbitrator can and will exercise his jurisdiction over the Doctors’ tort

claims.

17)       And because FCP has renewed their previously raised objections to this

Arbitrator’s jurisdiction, this Arbitrator finds it necessary to briefly dispose of these

arguments.          First, there is no basis           for FCP      to suggest that this Arbitrator’s

jurisdiction has lapsed by operation of the language                          in the Joint Engagement

Agreement         requiring      arbitrations     to   be   concluded       within     four    months        from

inception.      This Arbitrator found this provision to be “unconscionable,” contrary to



2 See Order denying FCP’s Jurisdictional Objection and Request for Dismissal (Feb. 8, 2021).
23 569 S.W.3d at 141 (citing Abor v. Black, 695 S.W.2d 564 (Tex. 1985); In re Essex Ins. Co., 450 S.W.3d 524, 527-
28 (Tex. 2014); TEX. R. Civ. P. 912.1).
                                                       24
due process, and legally unenforceable in the context of these proceedings, and

specifically, considering FCP’s noncompliance with their discovery obligations.*

18)     To the extent that FCP continues to challenge this Arbitrator’s neutrality, that

argument is once again denied.*                 Again, the Joint Engagement Letter vests this

Arbitrator with the sole authority to resolve challenges to his neutrality.                        As set forth

in this Arbitrator’s November 9, 2021, Order denying FCP’s Objection to Continued

Service of Arbitrator, which is fully adopted and incorporated herein, the objection

to this Arbitrator’s neutrality is factually and legally meritless.                          No     additional

circumstances have arisen or have been articulated by FCP that would render the

challenge to this Arbitrator’s neutrality meritorious.

19)     This     Arbitrator      further    concludes       that    he   retains     sole    and     exclusive

jurisdiction to decide the merits of the claims asserted by the Doctors on behalf of

the Class.     Judge Medley originally certified the class via his November 5, 2020,

Order, and he issued a supplemental order consisting of a Clause Construction

Award and a Class Determination Award on November 16, 2020.                                 This Arbitrator

issued a February          11, 2021, Order, which is adopted and incorporated herein,

recognizing that Judge Medley’s class-certification order remained in full force and

effect in this arbitration.        As discussed in greater detail below, this Arbitrator once



4 See Order on Pending Motions to Continue at pp. 4-5 (Mar. 1, 2021).
25 See Order denying FCP’s Objection to Continued Service of Arbitrator (Nov. 9, 2021) (adopted and incorporated
herein).

                                                      25
again concludes that (1) he has jurisdiction over the class, and (2) class wide relief

against     Feldman       and     Capstone       is    appropriate      and     authorized         by    the   Joint

Engagement Letter.

20)       AAA Commercial Arbitration Rule 7 provides each arbitrator with exclusive

authority to determine           his or her own jurisdiction.                 Correspondingly,            no   other

arbitrator can determine or restrict the jurisdiction of this arbitrator.                               Any ruling

rendered by any other arbitrator as to this Arbitrator’s jurisdiction over the class

claims in this proceeding is a nullity, with no legal effect whatsoever. Consequently,

“an arbitrator has no power to overrule a prior decision by another arbitrator.”

21)       With respect to the class, this Arbitrator held that the class certified by Judge

Medley remains in full force and effect in this arbitration. This Arbitrator notes that

Arbitrator Glasser, in his February                   11, 2021   email, noted that he disagreed with

Judge Medley’s certification decision, distinguished between “[this Arbitrator’s]

matter” and “my matter,” and later noted at a March 1, 2021 hearing that “I can’t tell

[the Doctors]        they     can’t    do    something        in another       arbitration,”       and     “I can’t

countermand [this Arbitrator’s] order.”””

22)       Ina July 27, 2021 Order, Arbitrator Glasser purported to decertiffy the class in

the proceeding before this Arbitrator, stating, “Having here granted [FCP]’s Motion




28 Graphic Arts Int'l Union v. Haddon Craftsmen, Inc., 489 F.Supp. 1088, 1091 (M.D. Pa. 1979).
27 See E-mail, February 11, 2021, at 6:54 p.m; Transcript from March 1, 2021, Hearing, at p. 77.

                                                         26
to Decertify        Class     Action,     it is therefore         ORDERED            that   any    and    all class

certifications previously granted by Judge Medley                            and Arbitrator Jones in any

arbitration proceeding are here [sic] DECERTIFIED                                 and VACATED,           as are any

orders entered in furtherance of such certifications.”*                             In light of AAA Rule 7,

coupled with the above-quoted recognition by Arbitrator Glasser of his inability to

intrude upon this arbitration proceeding, this Arbitrator declares that the July 27,

2021     decertification/ vacatur ruling by Arbitrator Glasser constitutes an invalid

attack upon this Arbitrator’ s jurisdiction. This Arbitrator previously held in its Order

of June 8, 2021 that “purported Orders from other arbitrators regarding the certified

class before this Tribunal, the validity of opt-outs, and/or the procedure for opting-

out of the certified class before this Tribunal, are without effect in this Tribunal’s

arbitration, and not to be complied with.”                        No ruling by Arbitrator Glasser can

impair this Arbitrator’s jurisdiction; indeed, Arbitrator Glasser could not rule on any

class-related issues once he issued his original order denying the class in his

proceeding.”




28 See Order by Arbitrator Glasser (July 27, 2021) (emphasis in original).
2° See Order regarding (1) Motion for Sanctions for Interference with the Effectuation of this Tribunal’s Order
regarding Class Notice; and (2) Emergency Motion for Injunctive Relief against Respondents to Protect and Preserve
this Tribunal’s Jurisdiction (June 8, 2021) (adopted and incorporated herein).
3° See Lusardi v. Lechner, 855 F.2d 1062, 1079 (3d Cir. 1988); Meyer v. CUNA Mut. Ins, Soc., 648 F.3d 154, 170 Gd
Cir. 2011) (holding that a district court’s injunction was invalid because it “effectively allowed the Court to retain
jurisdiction over the claims of former class members despite decertification”).

                                                         27
23)       Based     on all the foregoing, this Arbitrator holds that he has                               exclusive

jurisdiction to decide the Doctors’ affirmative claims and the Class’ affirmative

claims.

                                  DOCTORS’ FACTUAL ALLEGATIONS

24)       Dr. Scott Sullivan and Dr. Frank DellaCroce jointly own various business

entities relating to their medical practice performing reconstructive surgeries for

women with breast cancer! Together, they own St. Charles Surgical Hospital, LLC,

Center for Restorative Breast Surgery, LLC,                         St. Charles Holdings, LLC,                 Sigma

Delta Billing, LLC, and Sunrise Productions, LLC.                         Dr. Sullivan and Dr. DellaCroce

also own       three captive         insurance       companies,        Cerberus       Casualty       Corp.,     Orion

Casualty Corp., and Janus Casualty Corp., which insured the Doctors and their

business entities.*”

25)       Captive     insurance       is a highly specialized area.                  Many      sophisticated tax

practitioners and CPA’s lack expertise in captive insurance.?3                                   For that reason,

captive owners          often hire specialized captive managers                       and captive lawyers to

administer their captive insurance companies. Owning a captive insurance company




3! See Transcript, Volume 1, August 3, 2021, at p. 153, line 11 —p. 155, line 14; p. 163, line 13 — p. 164, line 19 (Dr.
Scott Sullivan),
22 Dr, Sullivan, owns Cerberus, Dr. DellaCroce owns Orion, and Dr. Sullivan and Dr. DellaCroce jointly own Janus.
33 See Transcript, Volume 17, September 23, 2021, at p. 6667, line 9 — p. 6676, line 25 (Jason Sharp); Transcript,
Volume 20, September 29, 2021, at p. 7901, lines 5-13; p. 7902, line 23 ~ p. 7903, line 8 (David Sherman); Volume
20, September 29, 2021, at p. 8004, lines 2-14; p. 8018, lines 3-20; p. 8141, lines 9-25 (David Kushner).

                                                          28
can     provide       benefits      to the       captive      insurance       company’s        owners,       including

beneficial tax treatment.34

26)       In 2011, Dr. Sullivan and Dr. DellaCroce                            established their three captive

insurance companies, which were domiciled in the Bahamas under the management

of Peter Strauss.?°

27)       In 2014, Dr. Sullivan and Dr. DellaCroce became increasingly concerned by

heightened risks from the IRS posed by owning offshore captives.>®                                       Dr. Sullivan

and Dr. DellaCroce expressed these concerns regarding IRS scrutiny to their CPA,

David Kushner, who recommended that the Doctors meet with Mr. Feldman.37 Mr.

Feldman is the sole owner and partner of the Feldman Law Firm.*® Mr. Feldman is

also the owner,            general      counsel,       and CEO          of Capstone,       which      he ultimately

controls.*?




* See, ¢.g., Exhibit J-20, Joint Engagement Letter at SULLIVANO! 1096 (‘The intention is to structure and operate
the captive insurer so as to qualify for partial tax-exempt status .. ..”).
55 See Transcript, Volume 1, August 3, 2021, at p. 166, line 16 ~p. 167, line 9 (Dr. Scott Sullivan).
% See Transcript, Volume 1, August 3, 2021, at p. 161, lines 14-19: p. 167, line 21 —p. 168, line 23 (Dr. Scott Sullivan);
Volume 5, August 7, 2021, at p. 1942, lines 4-19 (Dr. Frank DeflaCroce).
37 See Transcript, Volume 20, September 29, 2021, at p. 8007, line 23 ~ p. 8008, line 11 (David Kushner).
38 See Transcript, Volume 13, August 22, 2021, at p. 5116, lines 13-17 (Stewart Feldman); Transcript, Volume 15,
August 24, 2021, p. 6018, lines 3-9 (Jeff Carlson).
3 See Transcript, Volume 13, August 22, 2021, at p. 5116, lines 18-19; p. 5117, line 25 — p. 5118, line 5 (Stewart
Feldman). Capstone’s Vice President and Head of Operations, Daniel Calderon, testified that e