On May 07, 2018 a
Party Discovery
was filed
involving a dispute between
Holbert, Ashley,
Holbert, Donna,
and
Catapult Energy Services Group, Llc,
Catapult Energy Services Group Llc,
Cretic Energy Services, Llc,
Cretic Energy Services Llc,
Ngp Energy Capital Management, Llc,
for OTHER PERSONAL INJURY
in the District Court of Dallas County.
Preview
FILED
5/25/2023 11:58 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Loaidi Grove DEPUTY
CAUSE NO. DC-18-05978
ASHLEY HOLBERT, INDIVIDUALLY, IN THE DISTRICT COURT
§§§§§§§§§§§§§§§§§§§§§§§§§
AND AS NEXT FRIEND OF K.H., A MINOR
AND AS REPRESENTATIVE OF THE
ESTATE OF ROWDY LEE HOLBERT,
DECEASED AND DONNA HOLBERT
Plaintiffs,
and
BIG B CRANE, LLC AND
INTERNATIONAL INSURANCE
COMPANY OF HANOVER S.E. 101“ JUDICIAL DISTRICT
Interveners,
v.
CRETIC ENERGY SERVICES, LLC;
CATAPULT ENERGY SERVICES
GROUP, LLC; NGP CAPITAL
MANAGEMENT, LLC.; and SERVA
CORPORATION
Defendants. DALLAS COUNTY, TEXAS
MOTION FOR EMERGENCY HEARING TO ORDER TWO
DEPOSITIONS BE TAKEN PRIOR TO TRIAL
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Intervenors Big B Crane LLC et. a1 (“Intervenors”) moves this court to
have an immediate hearing so as to order the depositions of Stacy Wall and Ryan Thompson be
taken next week on May 31, 2023, and June 1, 2023, by Zoom. Intervenors will take 1 hour each.
Defendants have advised that they cannot agree. The agreed motion for continuance was denied
by this honorable court last Thursday May 16, 2023. The scheduling order provided depositions,
LAw OFFICES 0F
BURT BARR & ASSOCIATES, L.L.P. l
Page
P.O. BOX 223667
DALLAS, TEXAS 75222-3667
should be completed 21 days prior to trial. The testimony is material and efforts to take these
depositions commence immediately by telephone and email, numerously, afier the agreed motion
for continuance was denied.
The depositions need to be taken in order to provide trial testimony and the parties are
beyond the subpoena power of the court. Ryan Thompson is location in Carlsbad, New Mexico
working on oils fields without cellphone service. It is proposed that his deposition be taken by
Zoom at the hotel he stays in. Defense counsel can appear by Zoom from his office. Stacy Wall’s
deposition will be taken in Monahans, Texas. Likewise, defense counsel can appear by Zoom.
These depositions are necessary in order to prove that the defendants knew the dangers and
consciencely disregarded the dangers in the case which resulted to the death of one individual and
the total damage of Big B’s crane. Counsel for the Intervenors will travel to these destinations to
make video connections thereafter the parties can conduct a zoom deposition for each of these
deponents. It is requested that this be ordered as soon as possible so that the arrangements can be
made. Counsel for the Intervenors has written numerous emails and made numerous telephone
calls to try to reach an agreement.
CONCLUSION
Wherefore upon consideration the movant request that these depositions be ordered to
be taken before the trial commences.
PRAYER
Wherefore upon consideration the movant submits this motion and all things be gamed.
LAw OFFICES 0F
BURT BARR & ASSOCIATES, L.L.P.
page;
P.O. BOX 223667
DALLAS. TEXAS 75222-3667
Respectfully submitted,
BY: /s/ Elizabeth Frizell
ELIZABETH FRIZELL
SBN: 00785808
JOHN HOLMAN BARR
SBN: 01798700
P.O. BOX 223667
DALLAS, TEXAS 75222-3667
(214) 943-0012 TELEPHONE
(214) 943-0048 FACSIMILE
jbarr@bbarr.com
fnelson@bbarr.com
efrizell@bbarr.com
INTERVENORS’ COUNSEL
LAw OFFICES 0F
BURT BARR & ASSOCIATES, L.L.P. pug”
P.O. BOX 223667
DALLAS, TEXAS 75222-3667
Verification
State of Texas §
§
County of Dallas §
Before me, the undersigned notary, on this day personally appeared John Holman Barr, the affiant,
whose identity is known to me. After I administered an oath, affiant testified as follows:
"My name is John Holman Barr, I am legal counsel for Intervenors in the captioned
'
action. am
competent to make this verification. I have read the above motion for emerg cy he . The facts
stated in it are within my personal knowledge and are true and
correct."%
JM Holman Barr
Sworn to and subscribed before me by John Holman Barr on May 25, 2023.
’4
NANCY WATTS
Notary Public. State of Texas
Edi"?
Comm. Expires 04-18~2024 Notary Pu 'é in and for
Notary ID 2568091 The State of Texas
CERTIFICATE OF SERVICE
I hereby certify that on May 25, 2023, in accordance with the Texas Rules of Civil
Procedure, a true and correct copy of the above and foregoing instrument was served upon all
counsel of record.
/s/ Elizabeth Frizell
Elizabeth Frizell
LAW OFFICES OF
BURT BARR & ASSOCIATES, L.L.P. Page 4
P.O. BOX 223667
DALLAS, TEXAS 75222-3667
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
John Barr on behalf of John Barr
Bar No. 01798700
jbarr@bbarr.com
Envelope ID: 76002261
Filing Code Description: Motion - Emergency
Filing Description: MOTION FOR EMERGENCY HEARING TO ORDER
TWO DEPOSITIONS BE TAKEN PRIOR TO TRIAL
Status as of 5/26/2023 9:22 AM CST
Associated Case Party: ASHLEY HOLBERT
Name BarNumber Email TimestampSubmitted Status
Brian W.Butcher butcher@noteboom.com 5/25/2023 11:58:06 AM SENT
Charles M.Noteboom noteboom@noteboom.com 5/25/2023 11:58:06 AM ERROR
Associated Case Party: DONNA HOLBERT
Name BarNumber Email Timestam pSubmitted Status
Brian W.Butcher butcher@noteboom.com 5/25/2023 11:58:06 AM SENT
Associated Case Party: CRETIC ENERGY SERVICES LLC
Name BarNumber Email TimestampSubmitted Status
Chris D.Parker cparker@pf-lawfirm.com 5/25/2023 11:58:06 AM SENT
Associated Case Party: CATAPULT ENERGY SERVICES GROUP LLC
Name BarNumber Email TimestampSubmitted Status
Chris Parker cparker@pf—lawfirm.com 5/25/2023 11:58:06 AM SENT
Associated Case Party: NGP ENERGY CAPITAL MANAGEMENT, LLC
Name BarNumber Email TimestampSubmitted Status
Chris Parker cparker@pf—lawfirm.com 5/25/2023 11:58:06 AM SENT
Associated Case Party: Big B Crane LLC
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
John Barr on behalf of John Barr
Bar No. 01798700
jbarr@bbarr.com
Envelope ID: 76002261
Filing Code Description: Motion - Emergency
Filing Description: MOTION FOR EMERGENCY HEARING TO ORDER
TWO DEPOSITIONS BE TAKEN PRIOR TO TRIAL
Status as of 5/26/2023 9:22 AM CST
Associated Case Party: Big B Crane LLC
Name BarNumber Email TimestampSubmitted Status
John HolmanBarr jbarr@bbarr.com 5/25/2023 11:58:06 AM SENT
Mary ChristianBarr mcbarr@bbarr.com 5/25/2023 11:58:06 AM SENT
Michael ForestNelson fnelson@bbarr.com 5/25/2023 11:58:06 AM SENT
Rebecca Van Hooser rvanhooser@bbarr.com 5/25/2023 11:58:06 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Shawn SHinkle shinkle@pf-Iawfirm.com 5/25/2023 11:58:06 AM SENT
Chris DParker cparker@pf-lawfirm.com 5/25/2023 11:58:06 AM SENT
Tom DFarris tfarris@pf-lawfirm.com 5/25/2023 11:58:06 AM SENT
Jeri LMorgan jlmorgan@dgclaw.com 5/25/2023 11:58:06 AM ERROR
Ruth Fields rfields@bbarr.com 5/25/2023 11:58:06 AM SENT
Teresa Jones Teresa.Jones@dallascounty.org 5/25/2023 11:58:06 AM SENT
John HBarr jbarr@bbarr.com 5/25/2023 11:58:06 AM SENT
Jorge Sanchez 101court@dallascounty.org 5/25/2023 11:58:06 AM SENT
Natasha Taylor taylor@wrightclosebarger.com 5/25/2023 11:58:06 AM SENT
Eric Boettcher boettcher@wrightclosebarger.com 5/25/2023 11:58:06 AM SENT
Landon J.Francois francois@wrightclosebarger.com 5/25/2023 11:58:06 AM SENT
Becky Grooms bgrooms@pf—|awfirm.com 5/25/2023 11:58:06 AM SENT
Amber DGriffith agriffith@pf-lawfirm.com 5/25/2023 11:58:06 AM SENT
Associated Case Party: International Insurance Company of Hanover S.E.
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
John Barr on behalf of John Barr
Bar No. 01798700
jbarr@bbarr.com
Envelope ID: 76002261
Filing Code Description: Motion - Emergency
Filing Description: MOTION FOR EMERGENCY HEARING TO ORDER
TWO DEPOSITIONS BE TAKEN PRIOR TO TRIAL
Status as of 5/26/2023 9:22 AM CST
Associated Case Party: International Insurance Company of Hanover S.E.
Name BarNumber Email TimestampSubmitted Status
Yvonda Dangerfield ydangerfield@bbarr.com 5/25/2023 11:58:06 AM SENT
Associated Case Party: LAREDO PETROLEUM INC
Name BarNumber Email TimestampSubmitted Status
Jill Christine Pennington 24007825 jcpennington@permian.law 5/25/2023 11:58:06 AM SENT
Jeri L.Morgan jeri@permian.law 5/25/2023 11:58:06 AM SENT
Document Filed Date
May 25, 2023
Case Filing Date
May 07, 2018
Category
OTHER PERSONAL INJURY
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED 5/25/2023 11:58 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Loaidi Grove DEPUTY CAUSE NO. DC-18-05978 ASHLEY HOLBERT, INDIVIDUALLY, IN THE DISTRICT COURT §§§§§§§§§§§§§§§§§§§§§§§§§ AND AS NEXT FRIEND OF K.H., A MINOR AND AS REPRESENTATIVE OF THE ESTATE OF ROWDY LEE HOLBERT, DECEASED AND DONNA HOLBERT Plaintiffs, and BIG B CRANE, LLC AND INTERNATIONAL INSURANCE COMPANY OF HANOVER S.E. 101“ JUDICIAL DISTRICT Interveners, v. CRETIC ENERGY SERVICES, LLC; CATAPULT ENERGY SERVICES GROUP, LLC; NGP CAPITAL MANAGEMENT, LLC.; and SERVA CORPORATION Defendants. DALLAS COUNTY, TEXAS MOTION FOR EMERGENCY HEARING TO ORDER TWO DEPOSITIONS BE TAKEN PRIOR TO TRIAL TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Intervenors Big B Crane LLC et. a1 (“Intervenors”) moves this court to have an immediate hearing so as to order the depositions of Stacy Wall and Ryan Thompson be taken next week on May 31, 2023, and June 1, 2023, by Zoom. Intervenors will take 1 hour each. Defendants have advised that they cannot agree. The agreed motion for continuance was denied by this honorable court last Thursday May 16, 2023. The scheduling order provided depositions, LAw OFFICES 0F BURT BARR & ASSOCIATES, L.L.P. l Page P.O. BOX 223667 DALLAS, TEXAS 75222-3667 should be completed 21 days prior to trial. The testimony is material and efforts to take these depositions commence immediately by telephone and email, numerously, afier the agreed motion for continuance was denied. The depositions need to be taken in order to provide trial testimony and the parties are beyond the subpoena power of the court. Ryan Thompson is location in Carlsbad, New Mexico working on oils fields without cellphone service. It is proposed that his deposition be taken by Zoom at the hotel he stays in. Defense counsel can appear by Zoom from his office. Stacy Wall’s deposition will be taken in Monahans, Texas. Likewise, defense counsel can appear by Zoom. These depositions are necessary in order to prove that the defendants knew the dangers and consciencely disregarded the dangers in the case which resulted to the death of one individual and the total damage of Big B’s crane. Counsel for the Intervenors will travel to these destinations to make video connections thereafter the parties can conduct a zoom deposition for each of these deponents. It is requested that this be ordered as soon as possible so that the arrangements can be made. Counsel for the Intervenors has written numerous emails and made numerous telephone calls to try to reach an agreement. CONCLUSION Wherefore upon consideration the movant request that these depositions be ordered to be taken before the trial commences. PRAYER Wherefore upon consideration the movant submits this motion and all things be gamed. LAw OFFICES 0F BURT BARR & ASSOCIATES, L.L.P. page; P.O. BOX 223667 DALLAS. TEXAS 75222-3667 Respectfully submitted, BY: /s/ Elizabeth Frizell ELIZABETH FRIZELL SBN: 00785808 JOHN HOLMAN BARR SBN: 01798700 P.O. BOX 223667 DALLAS, TEXAS 75222-3667 (214) 943-0012 TELEPHONE (214) 943-0048 FACSIMILE jbarr@bbarr.com fnelson@bbarr.com efrizell@bbarr.com INTERVENORS’ COUNSEL LAw OFFICES 0F BURT BARR & ASSOCIATES, L.L.P. pug” P.O. BOX 223667 DALLAS, TEXAS 75222-3667 Verification State of Texas § § County of Dallas § Before me, the undersigned notary, on this day personally appeared John Holman Barr, the affiant, whose identity is known to me. After I administered an oath, affiant testified as follows: "My name is John Holman Barr, I am legal counsel for Intervenors in the captioned ' action. am competent to make this verification. I have read the above motion for emerg cy he . The facts stated in it are within my personal knowledge and are true and correct."% JM Holman Barr Sworn to and subscribed before me by John Holman Barr on May 25, 2023. ’4 NANCY WATTS Notary Public. State of Texas Edi"? Comm. Expires 04-18~2024 Notary Pu 'é in and for Notary ID 2568091 The State of Texas CERTIFICATE OF SERVICE I hereby certify that on May 25, 2023, in accordance with the Texas Rules of Civil Procedure, a true and correct copy of the above and foregoing instrument was served upon all counsel of record. /s/ Elizabeth Frizell Elizabeth Frizell LAW OFFICES OF BURT BARR & ASSOCIATES, L.L.P. Page 4 P.O. BOX 223667 DALLAS, TEXAS 75222-3667 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. John Barr on behalf of John Barr Bar No. 01798700 jbarr@bbarr.com Envelope ID: 76002261 Filing Code Description: Motion - Emergency Filing Description: MOTION FOR EMERGENCY HEARING TO ORDER TWO DEPOSITIONS BE TAKEN PRIOR TO TRIAL Status as of 5/26/2023 9:22 AM CST Associated Case Party: ASHLEY HOLBERT Name BarNumber Email TimestampSubmitted Status Brian W.Butcher butcher@noteboom.com 5/25/2023 11:58:06 AM SENT Charles M.Noteboom noteboom@noteboom.com 5/25/2023 11:58:06 AM ERROR Associated Case Party: DONNA HOLBERT Name BarNumber Email Timestam pSubmitted Status Brian W.Butcher butcher@noteboom.com 5/25/2023 11:58:06 AM SENT Associated Case Party: CRETIC ENERGY SERVICES LLC Name BarNumber Email TimestampSubmitted Status Chris D.Parker cparker@pf-lawfirm.com 5/25/2023 11:58:06 AM SENT Associated Case Party: CATAPULT ENERGY SERVICES GROUP LLC Name BarNumber Email TimestampSubmitted Status Chris Parker cparker@pf—lawfirm.com 5/25/2023 11:58:06 AM SENT Associated Case Party: NGP ENERGY CAPITAL MANAGEMENT, LLC Name BarNumber Email TimestampSubmitted Status Chris Parker cparker@pf—lawfirm.com 5/25/2023 11:58:06 AM SENT Associated Case Party: Big B Crane LLC Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. John Barr on behalf of John Barr Bar No. 01798700 jbarr@bbarr.com Envelope ID: 76002261 Filing Code Description: Motion - Emergency Filing Description: MOTION FOR EMERGENCY HEARING TO ORDER TWO DEPOSITIONS BE TAKEN PRIOR TO TRIAL Status as of 5/26/2023 9:22 AM CST Associated Case Party: Big B Crane LLC Name BarNumber Email TimestampSubmitted Status John HolmanBarr jbarr@bbarr.com 5/25/2023 11:58:06 AM SENT Mary ChristianBarr mcbarr@bbarr.com 5/25/2023 11:58:06 AM SENT Michael ForestNelson fnelson@bbarr.com 5/25/2023 11:58:06 AM SENT Rebecca Van Hooser rvanhooser@bbarr.com 5/25/2023 11:58:06 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Shawn SHinkle shinkle@pf-Iawfirm.com 5/25/2023 11:58:06 AM SENT Chris DParker cparker@pf-lawfirm.com 5/25/2023 11:58:06 AM SENT Tom DFarris tfarris@pf-lawfirm.com 5/25/2023 11:58:06 AM SENT Jeri LMorgan jlmorgan@dgclaw.com 5/25/2023 11:58:06 AM ERROR Ruth Fields rfields@bbarr.com 5/25/2023 11:58:06 AM SENT Teresa Jones Teresa.Jones@dallascounty.org 5/25/2023 11:58:06 AM SENT John HBarr jbarr@bbarr.com 5/25/2023 11:58:06 AM SENT Jorge Sanchez 101court@dallascounty.org 5/25/2023 11:58:06 AM SENT Natasha Taylor taylor@wrightclosebarger.com 5/25/2023 11:58:06 AM SENT Eric Boettcher boettcher@wrightclosebarger.com 5/25/2023 11:58:06 AM SENT Landon J.Francois francois@wrightclosebarger.com 5/25/2023 11:58:06 AM SENT Becky Grooms bgrooms@pf—|awfirm.com 5/25/2023 11:58:06 AM SENT Amber DGriffith agriffith@pf-lawfirm.com 5/25/2023 11:58:06 AM SENT Associated Case Party: International Insurance Company of Hanover S.E. Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. John Barr on behalf of John Barr Bar No. 01798700 jbarr@bbarr.com Envelope ID: 76002261 Filing Code Description: Motion - Emergency Filing Description: MOTION FOR EMERGENCY HEARING TO ORDER TWO DEPOSITIONS BE TAKEN PRIOR TO TRIAL Status as of 5/26/2023 9:22 AM CST Associated Case Party: International Insurance Company of Hanover S.E. Name BarNumber Email TimestampSubmitted Status Yvonda Dangerfield ydangerfield@bbarr.com 5/25/2023 11:58:06 AM SENT Associated Case Party: LAREDO PETROLEUM INC Name BarNumber Email TimestampSubmitted Status Jill Christine Pennington 24007825 jcpennington@permian.law 5/25/2023 11:58:06 AM SENT Jeri L.Morgan jeri@permian.law 5/25/2023 11:58:06 AM SENT