Preview
Filed: 1/14/2022 11:17 AM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 60829074
By: Lisa Kelly
1/14/2022 12:21 PM
NO. 21-CV-0332
LISA LESLIE, § IN THE DISTRICT COURT
Plaintiff §
§
V. §
§ 212th JUDICIAL DISTRICT
EDWIN WHEATLEY d/b/a §
FAST RIGHT REMODELING §
SERVICE, §
Defendant. § GALVESTON COUNTY, TEXAS
PLAINTIFF’S EXPERT WITNESS DESIGNATION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Lisa Leslie, Plaintiff herein, and pursuant to the Texas Rules of Civil
Procedure files her Designation of Expert Witnesses and Supplement to Applicable Discovery.
I.
1. The experts Plaintiff may call live and/or by deposition and/or as an adverse witness
to elicit expert opinions in the Plaintiff’s case in chief and/or rebuttal are as follows:
a. Robert D. Clements, Jr.
Mark S. Byrne
Jake Leggett
Or an authorized representative of the
Robert D. Clements, Jr. Law Group, LLLP
1600 E. Highway 6, Suite 318
Alvin, Texas 77511
(281) 331-1325 Telephone
(281) 331-8777 Facsimile
robertc@rdclements.com
mbyrne@rdclements.com
b. Ken Sherman
Or an authorized representative of
RCI Engineering
110 Heather Lane
Lake Jackson, TX 77566
(979) 265-4555 Telephone
c. Mr. Mark Dimitrijevic
PLAINTIFF’S EXPERT WITNESS DESIGNATION
PAGE 1
Or any authorized representative
Abry Brothers
8522 Coolidge St,
Houston, Texas 77012
Office: 713-983-8400
d. A-FAB Construction
Or any authorized representative
804 Roosevelt Street
La Marque, Texas 77568
Office: 409-350-6969
e. Scott Rankin
Oak Star Construction
5215 S. Highland Road
Santa Fe, Texas 77517
281-960-1101
f. Prince Homes
Or any authorized representative
918 W. Southmore Avenue #14
Pasadena, Texas 77502
832-292-1575
sami@princehomes.us
g. Jose Alvarez
Or any authorized representative
Creative Instinct
11610 Gullwood Drive
Houston, TX 77089
832-274-4059
creativeinstinct83@gmail.com
h. Lucas Garcia
Or any authorized representative
Mr. Drywall Repairs
832-342-6854
garcialuc.lg@gmail.com
i. Oscar Urbina
Or any authorized representative
409-354-1904
o.urbina1967@gmail.com
j. Norex Engineering, Inc.
Or any authorized representative
1220 East Main
PLAINTIFF’S EXPERT WITNESS DESIGNATION
PAGE 2
League City, Texas 77573
281-474-2640
norex@comcast.net
II.
DESIGNATION BY REFERENCE
Further, Plaintiff designates any other witness identified by Defendant or any other party
to this cause in answers to its Interrogatories, Requests for Disclosure or in its designations of fact
witnesses.
Further, there may be other individuals that may become identified through any subsequent
reports or through any of the subsequent investigations conducted by the parties to this litigation,
all of whom Plaintiff reserves the right to call as expert witnesses in this litigation.
Plaintiff may also call as expert witnesses in this case any person who is identified as a
person with knowledge of relevant facts and who is qualified by knowledge, skill, experience,
training, or education to testify about scientific, technical, or other specialized knowledge that
would assist the trier of fact to understand the evidence or to determine a fact in issue in this case.
III.
RIGHT TO EXAMINE OR CROSS-EXAMINE
Plaintiff reserves the right to cross-examine, elicit testimony from and/or call as an expert
witness, live or by deposition, any of the experts designated by Defendants or any other Defendant
in this case.
Plaintiff reserves the right to elicit testimony from, cross-examine and/or use any expert
testimony or lay opinion testimony that would assist the jury in determining material issues of fact
to the extent that some are considered expert opinions and/or testimony in accordance with the
Texas Rules of Civil Procedure or the Texas Rules of Evidence.
PLAINTIFF’S EXPERT WITNESS DESIGNATION
PAGE 3
IV.
RIGHT TO CALL ADVERSE WITNESS
Plaintiff may call, as adverse witnesses, all experts designated by any party to this case,
even if the designating party is not a party to the case at the time of trial. In the event a present or
future party designates an expert but then is dismissed or fails to call any designated expert,
Plaintiff reserves the right to call any such expert as an adverse witness. In addition, Plaintiff
reserves the right to elicit, by way of cross-examination, opinion testimony from experts
designated and/or called by other parties to this case, including Defendant’s designated experts.
Notwithstanding such reservation however, Plaintiff does not concede or admits the admissibility
of any such testimony with respect to the qualifications of the witness, and/or the evidentiary basis
of any such testimony with respect to scientific reliability and/or relevance.
Plaintiff reserves the right to call to testify, as an adverse witness, any and all
representatives of Defendant.
V.
RIGHT TO WITHDRAW
Plaintiff reserves the right to withdraw the designation of any expert and to aver positively
that any such previously designated expert will not be called as a witness at trial, and to re-
designate the same as a consulting expert, who cannot be called by opposing counsel.
VI.
RIGHT TO SUBSTITUTE
Plaintiff reserves the right to substitute any expert witness disclosed herein with a witness
or witness of similar education, training, background and opinions, should such substitution be
necessary by reason of the scheduling of the trial of the case, the health of any expert witness
disclosed herein, other professional commitments of any expert witness disclosed herein, or any
other matter requiring substitution.
PLAINTIFF’S EXPERT WITNESS DESIGNATION
PAGE 4
VII.
RIGHT TO REBUTTAL WITNESSES
Plaintiff reserves the right to call undesignated expert witnesses in rebuttal, if necessary,
whose identities and testimony cannot be reasonably foreseen until all other parties to this suit
have designated witnesses and/or presented evidence at trial.
VIII.
RIGHT TO SUPPLEMENT OR AMEND
Plaintiff reserves the right to supplement or amend this response within the time limits
imposed by the Court or any alteration of same by subsequent court order or agreement of the
parties, or pursuant to the Texas Rules of Civil Procedure and/or Texas Rules of Civil Evidence.
Specifically, Plaintiff reserves the right to supplement these responses should Defendants
designate experts or provide discovery responses which require Plaintiff to supplement this
designation to avoid unfair prejudice at trial.
IX.
ADDITIONAL RIGHTS
Plaintiff reserves any and all additional rights he may have with regard to expert witnesses
and testimony under the Texas Rules of Civil Procedure, the Texas Rules of Evidence, case law
and ruling of this Honorable Court.
Respectfully submitted,
ROBERT D. CLEMENTS, JR. LAW GROUP, LLLP
Mark S. Byrne
/s/
Mark S. Byrne; SBOT #03566400
1600 East Highway 6, Suite 318
Alvin, Texas 77511
(281) 331-1325 Telephone
(281) 331-8777 Telecopier
mbyrne@rdclements.com
Attorney for Plaintiff
PLAINTIFF’S EXPERT WITNESS DESIGNATION
PAGE 5
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served on all
parties and/or counsel of record in accordance with the Texas Rules of Civil Procedure on the
14th day of January, 2022 as follows:
Ieshia J. Dunmore
1345 Campbell Road, Suite 200
Houston, Texas 77055
Via eService at:
IDunmore@TheCromeensLawFirm.com
Attorney for Defendants
/s/ Mark S. Byrne
Mark S. Byrne
PLAINTIFF’S EXPERT WITNESS DESIGNATION
PAGE 6
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.
Mark Byrne on behalf of Mark Byrne
Bar No. 3566400
msbyrne1@hotmail.com
Envelope ID: 60829074
Status as of 1/14/2022 12:22 PM CST
Associated Case Party: EdwinAllenWheatley
Name BarNumber Email TimestampSubmitted Status
Ieshia Dunmore IDunmore@TheCromeensLawFirm.com 1/14/2022 11:17:47 AM SENT
Courtney Stricklen cstricklen@thecromeenslawfirm.com 1/14/2022 11:17:47 AM SENT
Oriana Torin paralegal@thecromeenslawfirm.com 1/14/2022 11:17:47 AM SENT
Darcy Horne paralegal2@thecromeenslawfirm.com 1/14/2022 11:17:47 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Chris Lay Chris@rdclements.com 1/14/2022 11:17:47 AM SENT
Mark S.Byrne mbyrne@rdclements.com 1/14/2022 11:17:47 AM SENT
Rosa ElenaSagredo rosa@rdclements.com 1/14/2022 11:17:47 AM SENT
Jake Leggett 24117219 jleggett@rdclements.com 1/14/2022 11:17:47 AM SENT
Preview
Filed: 1/14/2022 11:17 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 60829074 By: Lisa Kelly 1/14/2022 12:21 PM NO. 21-CV-0332 LISA LESLIE, § IN THE DISTRICT COURT Plaintiff § § V. § § 212th JUDICIAL DISTRICT EDWIN WHEATLEY d/b/a § FAST RIGHT REMODELING § SERVICE, § Defendant. § GALVESTON COUNTY, TEXAS PLAINTIFF’S EXPERT WITNESS DESIGNATION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Lisa Leslie, Plaintiff herein, and pursuant to the Texas Rules of Civil Procedure files her Designation of Expert Witnesses and Supplement to Applicable Discovery. I. 1. The experts Plaintiff may call live and/or by deposition and/or as an adverse witness to elicit expert opinions in the Plaintiff’s case in chief and/or rebuttal are as follows: a. Robert D. Clements, Jr. Mark S. Byrne Jake Leggett Or an authorized representative of the Robert D. Clements, Jr. Law Group, LLLP 1600 E. Highway 6, Suite 318 Alvin, Texas 77511 (281) 331-1325 Telephone (281) 331-8777 Facsimile robertc@rdclements.com mbyrne@rdclements.com b. Ken Sherman Or an authorized representative of RCI Engineering 110 Heather Lane Lake Jackson, TX 77566 (979) 265-4555 Telephone c. Mr. Mark Dimitrijevic PLAINTIFF’S EXPERT WITNESS DESIGNATION PAGE 1 Or any authorized representative Abry Brothers 8522 Coolidge St, Houston, Texas 77012 Office: 713-983-8400 d. A-FAB Construction Or any authorized representative 804 Roosevelt Street La Marque, Texas 77568 Office: 409-350-6969 e. Scott Rankin Oak Star Construction 5215 S. Highland Road Santa Fe, Texas 77517 281-960-1101 f. Prince Homes Or any authorized representative 918 W. Southmore Avenue #14 Pasadena, Texas 77502 832-292-1575 sami@princehomes.us g. Jose Alvarez Or any authorized representative Creative Instinct 11610 Gullwood Drive Houston, TX 77089 832-274-4059 creativeinstinct83@gmail.com h. Lucas Garcia Or any authorized representative Mr. Drywall Repairs 832-342-6854 garcialuc.lg@gmail.com i. Oscar Urbina Or any authorized representative 409-354-1904 o.urbina1967@gmail.com j. Norex Engineering, Inc. Or any authorized representative 1220 East Main PLAINTIFF’S EXPERT WITNESS DESIGNATION PAGE 2 League City, Texas 77573 281-474-2640 norex@comcast.net II. DESIGNATION BY REFERENCE Further, Plaintiff designates any other witness identified by Defendant or any other party to this cause in answers to its Interrogatories, Requests for Disclosure or in its designations of fact witnesses. Further, there may be other individuals that may become identified through any subsequent reports or through any of the subsequent investigations conducted by the parties to this litigation, all of whom Plaintiff reserves the right to call as expert witnesses in this litigation. Plaintiff may also call as expert witnesses in this case any person who is identified as a person with knowledge of relevant facts and who is qualified by knowledge, skill, experience, training, or education to testify about scientific, technical, or other specialized knowledge that would assist the trier of fact to understand the evidence or to determine a fact in issue in this case. III. RIGHT TO EXAMINE OR CROSS-EXAMINE Plaintiff reserves the right to cross-examine, elicit testimony from and/or call as an expert witness, live or by deposition, any of the experts designated by Defendants or any other Defendant in this case. Plaintiff reserves the right to elicit testimony from, cross-examine and/or use any expert testimony or lay opinion testimony that would assist the jury in determining material issues of fact to the extent that some are considered expert opinions and/or testimony in accordance with the Texas Rules of Civil Procedure or the Texas Rules of Evidence. PLAINTIFF’S EXPERT WITNESS DESIGNATION PAGE 3 IV. RIGHT TO CALL ADVERSE WITNESS Plaintiff may call, as adverse witnesses, all experts designated by any party to this case, even if the designating party is not a party to the case at the time of trial. In the event a present or future party designates an expert but then is dismissed or fails to call any designated expert, Plaintiff reserves the right to call any such expert as an adverse witness. In addition, Plaintiff reserves the right to elicit, by way of cross-examination, opinion testimony from experts designated and/or called by other parties to this case, including Defendant’s designated experts. Notwithstanding such reservation however, Plaintiff does not concede or admits the admissibility of any such testimony with respect to the qualifications of the witness, and/or the evidentiary basis of any such testimony with respect to scientific reliability and/or relevance. Plaintiff reserves the right to call to testify, as an adverse witness, any and all representatives of Defendant. V. RIGHT TO WITHDRAW Plaintiff reserves the right to withdraw the designation of any expert and to aver positively that any such previously designated expert will not be called as a witness at trial, and to re- designate the same as a consulting expert, who cannot be called by opposing counsel. VI. RIGHT TO SUBSTITUTE Plaintiff reserves the right to substitute any expert witness disclosed herein with a witness or witness of similar education, training, background and opinions, should such substitution be necessary by reason of the scheduling of the trial of the case, the health of any expert witness disclosed herein, other professional commitments of any expert witness disclosed herein, or any other matter requiring substitution. PLAINTIFF’S EXPERT WITNESS DESIGNATION PAGE 4 VII. RIGHT TO REBUTTAL WITNESSES Plaintiff reserves the right to call undesignated expert witnesses in rebuttal, if necessary, whose identities and testimony cannot be reasonably foreseen until all other parties to this suit have designated witnesses and/or presented evidence at trial. VIII. RIGHT TO SUPPLEMENT OR AMEND Plaintiff reserves the right to supplement or amend this response within the time limits imposed by the Court or any alteration of same by subsequent court order or agreement of the parties, or pursuant to the Texas Rules of Civil Procedure and/or Texas Rules of Civil Evidence. Specifically, Plaintiff reserves the right to supplement these responses should Defendants designate experts or provide discovery responses which require Plaintiff to supplement this designation to avoid unfair prejudice at trial. IX. ADDITIONAL RIGHTS Plaintiff reserves any and all additional rights he may have with regard to expert witnesses and testimony under the Texas Rules of Civil Procedure, the Texas Rules of Evidence, case law and ruling of this Honorable Court. Respectfully submitted, ROBERT D. CLEMENTS, JR. LAW GROUP, LLLP Mark S. Byrne /s/ Mark S. Byrne; SBOT #03566400 1600 East Highway 6, Suite 318 Alvin, Texas 77511 (281) 331-1325 Telephone (281) 331-8777 Telecopier mbyrne@rdclements.com Attorney for Plaintiff PLAINTIFF’S EXPERT WITNESS DESIGNATION PAGE 5 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on all parties and/or counsel of record in accordance with the Texas Rules of Civil Procedure on the 14th day of January, 2022 as follows: Ieshia J. Dunmore 1345 Campbell Road, Suite 200 Houston, Texas 77055 Via eService at: IDunmore@TheCromeensLawFirm.com Attorney for Defendants /s/ Mark S. Byrne Mark S. Byrne PLAINTIFF’S EXPERT WITNESS DESIGNATION PAGE 6 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. Mark Byrne on behalf of Mark Byrne Bar No. 3566400 msbyrne1@hotmail.com Envelope ID: 60829074 Status as of 1/14/2022 12:22 PM CST Associated Case Party: EdwinAllenWheatley Name BarNumber Email TimestampSubmitted Status Ieshia Dunmore IDunmore@TheCromeensLawFirm.com 1/14/2022 11:17:47 AM SENT Courtney Stricklen cstricklen@thecromeenslawfirm.com 1/14/2022 11:17:47 AM SENT Oriana Torin paralegal@thecromeenslawfirm.com 1/14/2022 11:17:47 AM SENT Darcy Horne paralegal2@thecromeenslawfirm.com 1/14/2022 11:17:47 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Chris Lay Chris@rdclements.com 1/14/2022 11:17:47 AM SENT Mark S.Byrne mbyrne@rdclements.com 1/14/2022 11:17:47 AM SENT Rosa ElenaSagredo rosa@rdclements.com 1/14/2022 11:17:47 AM SENT Jake Leggett 24117219 jleggett@rdclements.com 1/14/2022 11:17:47 AM SENT