Preview
NO. 03612
IN THE INTEREST OF IN THE DISTRICT COURT
SHELBY CECILE ANN HALE 418TH JUDICIAL DISTRICT
AND EMMA MARIE FRANKUM,
CHILDREN MONTGOMERY COUNTY, TEXAS
PETITIONER REQUIRED INITIAL DISCLOSURE
Ruby Bolton of the Bolton Law Firm, PC, Attorney for Petitioner, provides the
attached initial disclosures required under rule 194. pondent reserves h right to
supplement this response per the guideline of the T xas Rules of Civil Procedure.
LTON LAW FIRM PC
High Timber Dr., Ste. 400
The Woodlands, TX 77380
Tel: (281) 3 7897
Email for Service: eservice@boltonlaw.com
RUBY BOLTON, Attorney at Law
State Bar: 00790331
ruby@boltonlaw.com
BRUCE A. BUSKIRK, Attorn at Law
State Bar: 00785737
bruce@boltonlaw.com
DANA MCCLANAHAN, Attorney at Law
State Bar: 24052203
dana@boltonlaw.com
S FOR PETITION
Certificate of Service
I certify that a true copy of this Required Initial Disclosures was served in
accordance with rule 21a of the Texas Rules of Civil Procedure on the following on
January 20, 2023:
Shayla Frankum, Pro Se Respondent, by electronic filing manager
Clifton Frank Hale, Pro-Se Respondent, by electronic filing manager
Dana McClanahan,
Attorney for Petitioner
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REQUIRED INITIAL DISCLOSURES
1. Required Disclosure under R.194.2(b)(1). The correct names of the
parties to the lawsuit.
RESPONSE
Janice Frankum, Petitioner
Shayla Frankum, Respondent
Clifton Frank Hale, Respondent
2. Required Disclosure under R.194.2(b)(2). The names, addresses, and
telephone numbers of any potential parties.
RESPONSE:
None at this time.
3. Required Disclosure under R.194.2(b)(3). The legal theories and, in
general, the factual bases for the claims or defenses of Petitioner.
RESPONSE:
Petitioner, Janice Frankum is the maternal grandmother of the children the
subject of this suit. Petitioner has standing to bring this suit as per Texas Family
Code Sections 102.003 and 102.004 because she is the grandmother to the children
and also because she has had physical possession of the children for at least six
months and within 90 days preceding the filing of this suit.
Respondent, Shayla Frankum, has a history of alcoholism and is unable to
properly care for the children. Respondent is neglectful to the children when she is
inebriated. Respondent pled guilty to Driving While Intoxicated with a Child under
cause number 1952803 in the 435th District Court of Montgomery County, Texas.
The incident leading to her arrest occurred in November 2019 and she pled guilty to
this charge in May of 2021. Since then, while on community supervision, she has
repeatedly either tested positive for alcohol on her interlock device or she has failed to
submit to urinalysis.
Respondent, Shayla Frankum, was arrested in September of 2022 and charged
with assault family violence against another family member, Mackenzie Frankum, who
is another of Shayla’s children and is an adult.
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Respondent, Shayla Frankum, has been unable to maintain a stable household
and living environment for the children. She has rarely lived in the same location for
over a year since her children were born. Her children have primarily lived with
Petitioner most of their lives, including Respondent’s older children who are not the
subject of this suit. At times, she has lived in the home with Petitioner, however, she
has not done so for any great length of time in a while.
Respondent, Clifton Hale, has had little or no contact with the children for
years and neither of the children have a significant relationship with him.
Respondent, Clifton Hale, also has a history of past drug and alcohol arrests.
The circumstance surrounding the children have materially changed since the
prior orders were rendered because Respondent, Shayla Frankum, is no longer
residing with the children and Petitioner, not even on a part time basis.
Respondents should be denied possession and access with the children, or
alternatively, should be awarded supervised possession and access due to their
inability to adequately care for the needs of the children, their past histories of neglect
or lack of involvement, and their inability to remain sober while in possession of the
children.
Respondents should be ordered to pay child support to Petitioner in the
amounts recommended by the guidelines found in Chapter 154 of the Texas Family
Code.
It is in the best interest of the children that Petitioner be appointed as
managing conservator for the children the subject of this suit.
Respondent requests for payment of her attorney fees and costs through trial
and appeal and asks for a judgment against Respondents for them. Respondent
requests this in accordance with the Texas Family Code Section 106.002.
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4. Required Disclosure under R.194.2(b)(4). The amount and any
method of calculating economic damages claimed by Petitioner.
RESPONSE:
The amount of economic damages is ongoing in this matter as it concerns
attorney fees and costs. Petitioner’s Firm Employment Agreement and billing
statements will be provided as necessary throughout the course of the
proceeding. The method used to calculate these economic damages is
determined by multiplying the number of hours of work performed by a
respective attorney and/or staff member by the respective attorney and/or
staff member’s hourly rate, and then totaling all costs and expenses incurred
throughout the pendency of the case and adding it to the total sum of work
performed.
5. Required Disclosure under R.194.2(b)(5). The names, addresses, and
telephone numbers of persons having knowledge of relevant facts, and a brief
statement of each person's connection with the case.
RESPONSE:
Janice Frankum-Petitioner
c/o Ruby Bolton
The Bolton Law Firm
2441 High Timbers Dr., Ste. 400
The Woodlands, TX 77380
(281) 351-7879
Shayla Frankum-Respondent
Homeless
Clifton Frank Hale, Jr.-Respondent
719 Oak Valley Ln
Pinehurst, TX 77362
Char Morganti
26514 Pin Oak
Magnolia, TX 77354
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(832)622-4524
Makenzie Frankum, Respondent’s Daughter
26514 Pin Oak
Magnolia, TX 77354
(346)264-2639
Jennifer Frankum
(832)661-8549
Payton Frankum, Respondent’s Daughter
(832)755-3048
Kitri Jordan, Librarian
The Sherwood Academy
32810 Tamina Rd
Magnolia, TX 77354
(281)356-4970
Sara Simpson, Children’s Teacher
The Sherwood Academy
32810 Tamina Rd
Magnolia, TX 77354
(281)356-4970
Joshua Bills, Makenzie Frankum’s Boyfriend
(346)264-2639
Jeffrey Beck
Boyfriend of Respondent, Shayla Frankum
Michael Tidwell
Sibling to Clifton Hale, Jr.
Dorothy Tidwell
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Sibling to Clifton Hale, Jr.
6. Required Disclosure under R.194.2(b)(6). A copy, or a description by
category and location, or all documents, electronically stored information, and
tangible things that Petitioner has in her possession, custody, or control, which
may be used to support her claims or defenses unless the use would be solely
for impeachment.
RESPONSE:
Please find the documents Bates Stamped 000001-000130 provided and
accessible through the Dropbox link which will be emailed to each
Respondent.
7. Required Disclosure under R.194.2(b)(7). The originals or copies of
any indemnity and insuring agreements described in Rule 192.3(f) of the Texas
Rules of Civil Procedure. Rule 192.3(f) provides in part as follows:
RESPONSE:
None at this time.
8. Required Disclosure under R.194.2(b)(8). The originals or copies of
any settlement agreements described in Rule 192.3(g) of the Texas Rules of
Civil Procedure. Rule 192.3(g) provides in part as follows:
RESPONSE:
None at this time.
9. Required Disclosure under R.194.2(b)(9) The originals or copies of
any witness statements described in Rule 192.3(h) of the Texas Rules of Civil
Procedure. Rule 192.3(h) provides in part as follows:
RESPONSE:
None at this time.
10. Required Disclosure under R.194.2(b)(10) All medical records and
bills that are reasonably related to the injuries or damages asserted or, in lieu
thereof, an authorization permitting the disclosure of such medical records and
bills.
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RESPONSE:
None at this time.
11. Required Disclosure under R.194.2(b)(11) All medical records and
bills obtained by you by virtue of an authorization furnished by Shayla
Frankum or Clifton Hale.
RESPONSE:
None at this time.
12. Required Disclosure under R.194.2(b)(12) The name, address, and
telephone number of any person who may be designated as a responsible third
party.
RESPONSE:
None at this time.
13. Required Disclosure under R.194.2(c)(1)(A) For the past two years,
all deed and lien information on any real property owned and all lease
information on any real property leased.
RESPONSE:
Petitioner will supplement this response.
14. Required Disclosure under R.194.2(c)(1)(B) For the past two years,
all statements for any pension plan, retirement plan, profit-sharing plan,
employee benefit plan, and individual retirement plan.
RESPONSE:
Petitioner will supplement this response.
15. Required Disclosure under R.194.2(c)(1)(C)
For the past two years, all statements or policies for each current life, casualty,
liability, and health insurance policy.
RESPONSE:
Please see Petitioner’s responsive documents to these Initial Disclosures which
are Bates Stamped RRFD 000147
16. Required Disclosure under R.194.2(c)(1)(D) For the past two years,
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all statements pertaining to any account at a financial institution, including
banks, savings and loan institutions, credit unions, and brokerage firms.
RESPONSE:
Please see Petitioner’s responsive documents to these Initial Disclosures which
are Bates Stamped RRFD 000001-000130.
17. Required Disclosure under R.194.2(c)(2)(A) Information regarding
all policies, statements, and the summary description of benefits for any
medical and health insurance that is or would be available for the child.
RESPONSE:
Please see Petitioner’s responsive documents to these Initial Disclosures which
are Bates Stamped RRFD 000147.
18. Required Disclosure under R.194.2(c)(2)(B) Petitioner's income tax
returns for the previous two years or, if no return was filed, Petitioner 's Form
W-2, Form 1099, and Schedule K-1 for those years.
RESPONSE:
Petitioner will supplement this response.
19. Required Disclosure under R.194.2(c)(2)(C) Petitioner's two most
recent payroll check stubs.
RESPONSE:
Please see Petitioner’s responsive documents to these Initial Disclosures which
are Bates Stamped RRFD 000131-000132.
20. Required Disclosure under R.194.4(a)(1). Provide the name,
address, and telephone number of each witness – separately identifying those
witnesses you expect to present at trial and those you may call at trial if needed.
RESPONSE:
Petitioner will supplement 30 days prior to trial.
21. Required Disclosure under R.194.4(a)(2). Provide and identify each
document or other exhibit, including summaries of other evidence that may be
presented at trial – separately identify the items you expect to offer at trial and
those you may offer at trial if needed.
9
RESPONSE:
Petitioner will supplement 30 days prior to trial.
22. Required Disclosure under R.195.5. For each individual who may be
called by you or your attorney as an expert witness, state:
1. the expert's name, address, and telephone number;
2. the subject matter on which the expert will testify;
3. the general substance of the expert's mental impressions and opinions
held by the expert and the basis for them (or documents reflecting such
information if the expert is not retained by, employed by, or otherwise
subject to your control);
4. if the expert is retained by, employed by, or otherwise subject to your
control:
A) produce all documents, tangible things, reports, models, or data
compilations that have been provided to, reviewed by, or
prepared by or for the expert in anticipation of the expert's
testimony;
B) produce the expert's current resume and bibliography;
C) describe the expert's qualifications and provide a list of all
publications authored in the previous 10 years;
D) provide a list of all other all cases in which, during the previous
four years, the expert testified as an expert at trial or by
deposition; and
E) provide a statement of the compensation to be paid for the
expert's study and testimony in the case.
RESPONSE:
Ruby Bolton
Attorney at Law
2441 High Timbers Dr., Ste. 400
The Woodlands, Texas 77380
Tel: (281) 351-7897
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ruby@boltonlaw.com
Attorney fees and costs
Ms. Bolton will testify as to reasonable and necessary attorney’s fees. Among
the opinions that will be offered by Ms. Bolton is that reasonable and necessary
attorney’s fees have been incurred by Respondent in this case at the rate of
$600.00 per hour and reasonable and necessary paralegal fees at the rate of
$200.00 per hour, and that the attorney’s fees and paralegal fees incurred were
reasonable and necessarily incurred.
Bruce A. Buskirk
Attorney at Law
2441 High Timbers Dr., Ste. 400
The Woodlands, Texas 77380
Tel: (281) 351-7897
bruce@boltonlaw.com
Attorney fees and costs
Mr. Buskirk will testify as to reasonable and necessary attorney’s fees. Among
the opinions that will be offered by Mr. Buskirk is that reasonable and
necessary attorney’s fees have been incurred by Respondent in this case at the
rate of $500.00 per hour and reasonable and necessary paralegal fees at the rate
of $200.00 per hour, and that the attorney’s fees and paralegal fees incurred
were reasonable and necessarily incurred.
Dana McClanahan
Attorney at law
2441 High Timbers Dr., Ste. 400
The Woodlands, Texas 77380
Tel: (281) 351-7897
dana@boltonlaw.com
Attorney fees and costs
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Ms. McClanahan will testify as to reasonable and necessary attorney’s fees.
Among the opinions that will be offered by Ms. McClanahan is that reasonable
and necessary attorney’s fees have been incurred by Respondent in this case at
the rate of $375.00 per hour and reasonable and necessary paralegal fees at the
rate of $200.00 per hour, and that the attorney’s fees and paralegal fees incurred
were reasonable and necessarily incurred.
Petitioner hereby cross-designates all expert and/or fact witnesses designated
by Respondent to testify regarding any and all alleged claims in this case,
including retained experts, non-retained experts, and treating physicians and
therapists, as well as their custodians of records. Petitioner does not, in making
this designation, adopt, vouch for, endorse, and/or otherwise stipulate to the
expertise of any of these individuals and/or any of their opinions, but rather
reserves the right to elicit testimony (including opinion testimony) from them
at the time of trial by direct and/or cross-examination. Petitioner’s designation
of these expert witnesses is subject to any motion to strike said experts’
testimony based upon their qualifications, the reliability of their opinions, the
timeliness of the designation of said experts or any other issue that can be
subject of a motion to strike said experts.
Petitioner further names any and all persons identified in Respondent’s
discovery responses, Respondent’s designation of persons with knowledge of
relevant facts and/or experts, and any and all depositions, medical records,
records obtained by authorization or deposition, or any other discovery.
To the extent that any fact witness in this matter possesses specialized
knowledge, training, or skills pertinent to any issue in this suit, Petitioner
reserves the right to elicit such expert testimony from said witness or witnesses
even though said witness or witnesses may not have been retained by any party
nor designated as an “expert” by any party.
Petitioner incorporates those expert witnesses designated by all other parties to
the lawsuit and reserves the right to call those expert witnesses, either by direct
testimony or cross-examination.
12
Petitioner hereby specifically reserves the right to call rebuttal or impeaching
witnesses whose testimony cannot be anticipated before the time of trial.
See the Firm Employment Agreement between Petitioner and The Bolton Law
Firm, P.C., the CVs of the foregoing attorneys attached as Respondent’s Initial
Disclosures Bates Stamped 000133-000146.
13
Preview
NO. 03612 IN THE INTEREST OF IN THE DISTRICT COURT SHELBY CECILE ANN HALE 418TH JUDICIAL DISTRICT AND EMMA MARIE FRANKUM, CHILDREN MONTGOMERY COUNTY, TEXAS PETITIONER REQUIRED INITIAL DISCLOSURE Ruby Bolton of the Bolton Law Firm, PC, Attorney for Petitioner, provides the attached initial disclosures required under rule 194. pondent reserves h right to supplement this response per the guideline of the T xas Rules of Civil Procedure. LTON LAW FIRM PC High Timber Dr., Ste. 400 The Woodlands, TX 77380 Tel: (281) 3 7897 Email for Service: eservice@boltonlaw.com RUBY BOLTON, Attorney at Law State Bar: 00790331 ruby@boltonlaw.com BRUCE A. BUSKIRK, Attorn at Law State Bar: 00785737 bruce@boltonlaw.com DANA MCCLANAHAN, Attorney at Law State Bar: 24052203 dana@boltonlaw.com S FOR PETITION Certificate of Service I certify that a true copy of this Required Initial Disclosures was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on January 20, 2023: Shayla Frankum, Pro Se Respondent, by electronic filing manager Clifton Frank Hale, Pro-Se Respondent, by electronic filing manager Dana McClanahan, Attorney for Petitioner 2 REQUIRED INITIAL DISCLOSURES 1. Required Disclosure under R.194.2(b)(1). The correct names of the parties to the lawsuit. RESPONSE Janice Frankum, Petitioner Shayla Frankum, Respondent Clifton Frank Hale, Respondent 2. Required Disclosure under R.194.2(b)(2). The names, addresses, and telephone numbers of any potential parties. RESPONSE: None at this time. 3. Required Disclosure under R.194.2(b)(3). The legal theories and, in general, the factual bases for the claims or defenses of Petitioner. RESPONSE: Petitioner, Janice Frankum is the maternal grandmother of the children the subject of this suit. Petitioner has standing to bring this suit as per Texas Family Code Sections 102.003 and 102.004 because she is the grandmother to the children and also because she has had physical possession of the children for at least six months and within 90 days preceding the filing of this suit. Respondent, Shayla Frankum, has a history of alcoholism and is unable to properly care for the children. Respondent is neglectful to the children when she is inebriated. Respondent pled guilty to Driving While Intoxicated with a Child under cause number 1952803 in the 435th District Court of Montgomery County, Texas. The incident leading to her arrest occurred in November 2019 and she pled guilty to this charge in May of 2021. Since then, while on community supervision, she has repeatedly either tested positive for alcohol on her interlock device or she has failed to submit to urinalysis. Respondent, Shayla Frankum, was arrested in September of 2022 and charged with assault family violence against another family member, Mackenzie Frankum, who is another of Shayla’s children and is an adult. 3 Respondent, Shayla Frankum, has been unable to maintain a stable household and living environment for the children. She has rarely lived in the same location for over a year since her children were born. Her children have primarily lived with Petitioner most of their lives, including Respondent’s older children who are not the subject of this suit. At times, she has lived in the home with Petitioner, however, she has not done so for any great length of time in a while. Respondent, Clifton Hale, has had little or no contact with the children for years and neither of the children have a significant relationship with him. Respondent, Clifton Hale, also has a history of past drug and alcohol arrests. The circumstance surrounding the children have materially changed since the prior orders were rendered because Respondent, Shayla Frankum, is no longer residing with the children and Petitioner, not even on a part time basis. Respondents should be denied possession and access with the children, or alternatively, should be awarded supervised possession and access due to their inability to adequately care for the needs of the children, their past histories of neglect or lack of involvement, and their inability to remain sober while in possession of the children. Respondents should be ordered to pay child support to Petitioner in the amounts recommended by the guidelines found in Chapter 154 of the Texas Family Code. It is in the best interest of the children that Petitioner be appointed as managing conservator for the children the subject of this suit. Respondent requests for payment of her attorney fees and costs through trial and appeal and asks for a judgment against Respondents for them. Respondent requests this in accordance with the Texas Family Code Section 106.002. 4 4. Required Disclosure under R.194.2(b)(4). The amount and any method of calculating economic damages claimed by Petitioner. RESPONSE: The amount of economic damages is ongoing in this matter as it concerns attorney fees and costs. Petitioner’s Firm Employment Agreement and billing statements will be provided as necessary throughout the course of the proceeding. The method used to calculate these economic damages is determined by multiplying the number of hours of work performed by a respective attorney and/or staff member by the respective attorney and/or staff member’s hourly rate, and then totaling all costs and expenses incurred throughout the pendency of the case and adding it to the total sum of work performed. 5. Required Disclosure under R.194.2(b)(5). The names, addresses, and telephone numbers of persons having knowledge of relevant facts, and a brief statement of each person's connection with the case. RESPONSE: Janice Frankum-Petitioner c/o Ruby Bolton The Bolton Law Firm 2441 High Timbers Dr., Ste. 400 The Woodlands, TX 77380 (281) 351-7879 Shayla Frankum-Respondent Homeless Clifton Frank Hale, Jr.-Respondent 719 Oak Valley Ln Pinehurst, TX 77362 Char Morganti 26514 Pin Oak Magnolia, TX 77354 5 (832)622-4524 Makenzie Frankum, Respondent’s Daughter 26514 Pin Oak Magnolia, TX 77354 (346)264-2639 Jennifer Frankum (832)661-8549 Payton Frankum, Respondent’s Daughter (832)755-3048 Kitri Jordan, Librarian The Sherwood Academy 32810 Tamina Rd Magnolia, TX 77354 (281)356-4970 Sara Simpson, Children’s Teacher The Sherwood Academy 32810 Tamina Rd Magnolia, TX 77354 (281)356-4970 Joshua Bills, Makenzie Frankum’s Boyfriend (346)264-2639 Jeffrey Beck Boyfriend of Respondent, Shayla Frankum Michael Tidwell Sibling to Clifton Hale, Jr. Dorothy Tidwell 6 Sibling to Clifton Hale, Jr. 6. Required Disclosure under R.194.2(b)(6). A copy, or a description by category and location, or all documents, electronically stored information, and tangible things that Petitioner has in her possession, custody, or control, which may be used to support her claims or defenses unless the use would be solely for impeachment. RESPONSE: Please find the documents Bates Stamped 000001-000130 provided and accessible through the Dropbox link which will be emailed to each Respondent. 7. Required Disclosure under R.194.2(b)(7). The originals or copies of any indemnity and insuring agreements described in Rule 192.3(f) of the Texas Rules of Civil Procedure. Rule 192.3(f) provides in part as follows: RESPONSE: None at this time. 8. Required Disclosure under R.194.2(b)(8). The originals or copies of any settlement agreements described in Rule 192.3(g) of the Texas Rules of Civil Procedure. Rule 192.3(g) provides in part as follows: RESPONSE: None at this time. 9. Required Disclosure under R.194.2(b)(9) The originals or copies of any witness statements described in Rule 192.3(h) of the Texas Rules of Civil Procedure. Rule 192.3(h) provides in part as follows: RESPONSE: None at this time. 10. Required Disclosure under R.194.2(b)(10) All medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills. 7 RESPONSE: None at this time. 11. Required Disclosure under R.194.2(b)(11) All medical records and bills obtained by you by virtue of an authorization furnished by Shayla Frankum or Clifton Hale. RESPONSE: None at this time. 12. Required Disclosure under R.194.2(b)(12) The name, address, and telephone number of any person who may be designated as a responsible third party. RESPONSE: None at this time. 13. Required Disclosure under R.194.2(c)(1)(A) For the past two years, all deed and lien information on any real property owned and all lease information on any real property leased. RESPONSE: Petitioner will supplement this response. 14. Required Disclosure under R.194.2(c)(1)(B) For the past two years, all statements for any pension plan, retirement plan, profit-sharing plan, employee benefit plan, and individual retirement plan. RESPONSE: Petitioner will supplement this response. 15. Required Disclosure under R.194.2(c)(1)(C) For the past two years, all statements or policies for each current life, casualty, liability, and health insurance policy. RESPONSE: Please see Petitioner’s responsive documents to these Initial Disclosures which are Bates Stamped RRFD 000147 16. Required Disclosure under R.194.2(c)(1)(D) For the past two years, 8 all statements pertaining to any account at a financial institution, including banks, savings and loan institutions, credit unions, and brokerage firms. RESPONSE: Please see Petitioner’s responsive documents to these Initial Disclosures which are Bates Stamped RRFD 000001-000130. 17. Required Disclosure under R.194.2(c)(2)(A) Information regarding all policies, statements, and the summary description of benefits for any medical and health insurance that is or would be available for the child. RESPONSE: Please see Petitioner’s responsive documents to these Initial Disclosures which are Bates Stamped RRFD 000147. 18. Required Disclosure under R.194.2(c)(2)(B) Petitioner's income tax returns for the previous two years or, if no return was filed, Petitioner 's Form W-2, Form 1099, and Schedule K-1 for those years. RESPONSE: Petitioner will supplement this response. 19. Required Disclosure under R.194.2(c)(2)(C) Petitioner's two most recent payroll check stubs. RESPONSE: Please see Petitioner’s responsive documents to these Initial Disclosures which are Bates Stamped RRFD 000131-000132. 20. Required Disclosure under R.194.4(a)(1). Provide the name, address, and telephone number of each witness – separately identifying those witnesses you expect to present at trial and those you may call at trial if needed. RESPONSE: Petitioner will supplement 30 days prior to trial. 21. Required Disclosure under R.194.4(a)(2). Provide and identify each document or other exhibit, including summaries of other evidence that may be presented at trial – separately identify the items you expect to offer at trial and those you may offer at trial if needed. 9 RESPONSE: Petitioner will supplement 30 days prior to trial. 22. Required Disclosure under R.195.5. For each individual who may be called by you or your attorney as an expert witness, state: 1. the expert's name, address, and telephone number; 2. the subject matter on which the expert will testify; 3. the general substance of the expert's mental impressions and opinions held by the expert and the basis for them (or documents reflecting such information if the expert is not retained by, employed by, or otherwise subject to your control); 4. if the expert is retained by, employed by, or otherwise subject to your control: A) produce all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert's testimony; B) produce the expert's current resume and bibliography; C) describe the expert's qualifications and provide a list of all publications authored in the previous 10 years; D) provide a list of all other all cases in which, during the previous four years, the expert testified as an expert at trial or by deposition; and E) provide a statement of the compensation to be paid for the expert's study and testimony in the case. RESPONSE: Ruby Bolton Attorney at Law 2441 High Timbers Dr., Ste. 400 The Woodlands, Texas 77380 Tel: (281) 351-7897 10 ruby@boltonlaw.com Attorney fees and costs Ms. Bolton will testify as to reasonable and necessary attorney’s fees. Among the opinions that will be offered by Ms. Bolton is that reasonable and necessary attorney’s fees have been incurred by Respondent in this case at the rate of $600.00 per hour and reasonable and necessary paralegal fees at the rate of $200.00 per hour, and that the attorney’s fees and paralegal fees incurred were reasonable and necessarily incurred. Bruce A. Buskirk Attorney at Law 2441 High Timbers Dr., Ste. 400 The Woodlands, Texas 77380 Tel: (281) 351-7897 bruce@boltonlaw.com Attorney fees and costs Mr. Buskirk will testify as to reasonable and necessary attorney’s fees. Among the opinions that will be offered by Mr. Buskirk is that reasonable and necessary attorney’s fees have been incurred by Respondent in this case at the rate of $500.00 per hour and reasonable and necessary paralegal fees at the rate of $200.00 per hour, and that the attorney’s fees and paralegal fees incurred were reasonable and necessarily incurred. Dana McClanahan Attorney at law 2441 High Timbers Dr., Ste. 400 The Woodlands, Texas 77380 Tel: (281) 351-7897 dana@boltonlaw.com Attorney fees and costs 11 Ms. McClanahan will testify as to reasonable and necessary attorney’s fees. Among the opinions that will be offered by Ms. McClanahan is that reasonable and necessary attorney’s fees have been incurred by Respondent in this case at the rate of $375.00 per hour and reasonable and necessary paralegal fees at the rate of $200.00 per hour, and that the attorney’s fees and paralegal fees incurred were reasonable and necessarily incurred. Petitioner hereby cross-designates all expert and/or fact witnesses designated by Respondent to testify regarding any and all alleged claims in this case, including retained experts, non-retained experts, and treating physicians and therapists, as well as their custodians of records. Petitioner does not, in making this designation, adopt, vouch for, endorse, and/or otherwise stipulate to the expertise of any of these individuals and/or any of their opinions, but rather reserves the right to elicit testimony (including opinion testimony) from them at the time of trial by direct and/or cross-examination. Petitioner’s designation of these expert witnesses is subject to any motion to strike said experts’ testimony based upon their qualifications, the reliability of their opinions, the timeliness of the designation of said experts or any other issue that can be subject of a motion to strike said experts. Petitioner further names any and all persons identified in Respondent’s discovery responses, Respondent’s designation of persons with knowledge of relevant facts and/or experts, and any and all depositions, medical records, records obtained by authorization or deposition, or any other discovery. To the extent that any fact witness in this matter possesses specialized knowledge, training, or skills pertinent to any issue in this suit, Petitioner reserves the right to elicit such expert testimony from said witness or witnesses even though said witness or witnesses may not have been retained by any party nor designated as an “expert” by any party. Petitioner incorporates those expert witnesses designated by all other parties to the lawsuit and reserves the right to call those expert witnesses, either by direct testimony or cross-examination. 12 Petitioner hereby specifically reserves the right to call rebuttal or impeaching witnesses whose testimony cannot be anticipated before the time of trial. See the Firm Employment Agreement between Petitioner and The Bolton Law Firm, P.C., the CVs of the foregoing attorneys attached as Respondent’s Initial Disclosures Bates Stamped 000133-000146. 13