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Electronically Filed
5/19/2017 3:14:22 PM
Hidalgo County District Clerks
Reviewed By:
By: Virginia Granados
CAUSE NO. C-8029-14-B
GLORIA SALAZAR PENA, INDIVIDUALLY § IN THE DISTRICT COURT OF
AND AS INDEPENDENT ADMINISTRATOR
OF THE ESTATE OF TOMAS PENA,
DECEASED, TOMAS PENA, JR, JAVIER
PENA, OSCAR PENA, EDUARDO PENA,
and MIGUEL PENA
HIDALGO
WOWWWWWWWWWWJ
COUNTY, TEXAS
V.
OXY USA, INC., HELMERICH & PAYNE
INTERNATIONAL DRILLING CO., and
JERRY’S RENTALS & SPECIALITIES,
CO., INC. 93RD JUDICIAL DISTRICT
DEFENDANT JERRY’S RENTALS & SPECIALTIES CO. INC.’S RESPONSE TO
DEFENDANTS HELMERICH & PAYNE INTERNATIONAL DRILLING CO. AND OXY
USA_I INC.’S MOTION TO EXCLUDE EXPERT TESTIMONY OF JERRY CONOVER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Defendant JERRY’S RENTALS & SPECIALTIES, 00., INC.
(hereinafter “Jerry’s Rentals”), a Defendant in the above entitled and numbered cause,
and files this, its Response to Defendants Helmerich & Payne International Drilling Co.
(hereinafter “H&P”) and Oxy USA, Inc.’s (hereinafter “Oxy”) Motion to Exclude Expert
Testimony of Jerry Conover, and would respectfully show unto the Court the following:
I.
This Motion is directed to H&P and Oxy’s attempt to have this Honorable Court
disqualify Mr. Jerry Conover from testifying regarding causation and safety, operations,
training, policies and procedures, safety and regulatory issues, and responses of
employees or contractors on the oil well site, condition of equipment owned by H&P, the
ultimate cause of the incident, or whether or not Jerry’s Rentals was negligent or grossly
negligent as related to the incident and death of Mr. Pena. H&P and Oxy claim that Mr.
Electronically Filed
5/19/2017 3:14:22 PM
Hidalgo County District Clerks
Reviewed By:
By: Virginia Granados
Pena’s opinions are based on pure speculation, and are also unsupported and biased.
This is false and Mr. Conover’s testimony and opinions demonstrate his qualifications,
experience, and reliability. His testimony is in no way excludable pursuant to T.R.C.P.
403.
II.
Attached hereto is a true and correct copy of the deposition of Jerry Conover. The
following testimony establishes Mr. Conover’s competence as an expert witness:
0. Give me a picture of your work history prior to you becoming the owner of Jerry's
Rentals.
A. I was a BOP tester just like Tomas.
0. And how long did you do that before you formed Jerly's Rentals?
A. From 1975 until 1980.
Q. So we're talking about you being in this business for 40 years more or less?
A. Yes, sir
Page 135, lines 15 - 23
9 And approximate/y how many blowout preventers have you tested in your
career?
Thousands.
>D> More than 2,000?
More than 2,000
Page 136, lines 13 - 17
Q. The question is, when you’ve got the test joint stabbed into the BOP and
tightened into that stump, does that little hole that's on the exterior of that
disk that surfaces inside the disk -- would it provide a path for pressure or
pressurized water to pressurize the inside of the BOP with the rams closed
on the top?
MR. E VANS: Objection; form.
Well, yeah, how are you going to test the rams?
>995
That‘s my question. Is that how you would pressure-test a BOP?
Where is your picture of that flange again?
MR. RIOS: Is it in here?
.0
Here we go.
THE WITNESS: No, he has one sheet right here.
MR. HOFFMAN: Could we put an exhibit number on that, please?
MR. CICCONE: Sure.
A. More than likely that -- see that right there, that plug?
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5/19/2017 3:14:22 PM
Hidalgo County District Clerks
Reviewed By:
By: Virginia Granados
>9
mp
They just undo that plug and there’s your port right there and, therefore,
that's how you get your pressure in the inside there.
9 I'm going to label this Plaintiffs' Exhibit No. 26, and this is this generic test
flange and test stump that you and I have been talking about.
D>
MW
Now, Mr. Conover, does Jerry's Rentals furnish the equipment to pressure
test BOPs?
> When I go to a drilling rig that they tell me what size test plugs and all that,
but you don ’t need a test plug with this -- I know the drill pipe connection.
They tellme what kind of test plug they need and Itake itto the rig and we
use my equipment and we get the job done and get out of there.
D Right. And do you have trailers with equipment mounted on the trailers to do
the work that needs to be done?
ha
And does the equipment include a diesel-powered pump?
D>D>9>
ms
And does your equipment include hoses and the connections and so forth?
ms
So you’re able to go out to one of these work sites and just get the work
done without having to use the equipment that belongs to, say, H&P or Oxy
oranyoMerflmdpany?
I don ’t need nobody. I ’m self sufficient.
©>
Now, we have been talking about this engineering drawing, and do you see
any specifications on this engineering drawing for the size of that inspection
port, that test pad, that we've been talking about? Do you see any
specifications on that engineering drawing? And I can barely see it, too.
D>
ldoubt/canseeit
Well, I'llhelp you out. There is a detail on the side of this and it says,
".8125-16 ”
UNF-ZB. Do you know what that’s talking about?
MR. EVANS: Objection; form.
That's Greek. That‘s Greek to me.
D?
Do you know if .8125 equals 13/16ths of an inch?
MR. EVANS: Objection; form.
D>
MJwMMW; "
Do you know if in that designation, ”16 UNF, 24 whether the "16" relates
to threads per inch?
MR. EVANS: Objection; form.
What is your question?
Do you know whether "16 UNF" relates to 16 threads per inch --
D>D>
You're above my head. / don’t know what you're talking about.
Because you had talked earlier about that you thought the correct fitting was
9/16ths of an inch?
F I looked at that and it looked to me like it was a 9/16th medium-pressure
Autoclave, what we would call. They make medium pressure, high pressure.
They make a whole boat full. But / haven 't seen anything like this.
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Hidalgo County District Clerks
Reviewed By:
By: Virginia Granados
Do you think that the 9/16ths relates to the size of the nipple on the fitting or
do you think that it relates to the thread size? Or do you know?
> We've always called it a 9/16ths and it was the -—
like the nipple, nut that
screwed in it. You've got a 9/16ths high pressure and then you’ve got
medium pressure and all that. The high pressure is thicker and bigger than
-- I didn't see this stump. [don't know what size was in it, but / know Tomas
wouldn't have put it in there if it wasn't the right size.
You know how to use a ruler, don't you?
Yes.
Is 9/16ths less than 13/16ths?
I would think so.
quarter of an inch smaller?
>D>D>D>D
Is it a
I would say so.
Willa 9/16ths-inch fitting thread into a 13/16ths-inch opening?
I don 't know. But if he had four tests at 10,000 pounds prior to that one, he
had to have it pretty close to the right thread.
D Will a 9/16ths-inch fitting even touch the walls of a 13/16ths-inch opening?
MR. EVANS: Objection; form.
> I wouldn ‘t think so.
Page 160, line 6- Page 164, line 12
0 Okay, that's what] want to discuss with you, that you think Mr. Per'ia used a
straight-threaded fitting on H&P's straight-threaded inspection pad on the
BOP?
Well, let me just read this to you. ”The test flange port is designed for
Autoclave " fitting "connection fora 9/16ths OD tube, "and that's exactly what
we had in it.
That’s what I 'm finally getting to, Mr. Conover. Let's go back to Mr. Hub/er's
letter that's dated 15 April, 2013, which is Plaintiffs' Exhibit No. 1, and I'll just
read out loud what I need you to focus on. There’s an item 4 where he says
there '3 a ”collection of photos showing proper and improper thread profiles
using thread taps, as well as the improper Autoclave fitting installed by the
third party testing company prior to the fatal incident. " Did you understand
what / just read?
.0?>
Pretty much so.
Did you understand Mr. Hub/er to be saying Mr. Pefia used the wrong fitting
99>
That’s what I understand.
-- when he was testing the H&P BOP? Then page 2 of P/aintiffs' Exhibit No.
1 is a table of contents, and No. 5 on this table of contents is a "Photo of
actual improper fitting with four one-half inch NPT threads that was screwed
into H&P test stump in error by a Rentals & Specialties Company employee
” understand what I just read?
during rig—up to H&P test stump. Do you
Yeah.
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Hidalgo County District Clerks
Reviewed By:
By: Virginia Granados
Do you understand Mr. Hub/er to be saying that Mr. Pefia used a one-half
inch NPT-threaded adapter when he plugged into the BOP? Do you
understand that's what he's saying?
Uh-huh.
>9?-
Do you think that's true or false?
I think that's false. The only thing that was going to go into that BOP is an
Autoclave thread.
Page 166, line 12 - Page 168, line 1
Right. But do you understand Mr. Hub/er to be suggesting in his letter to
OSHA that Mr. Pefia had the correct part in his too/box but chose not to use
it on the date of the incident?
But that doesn’t mean that he didn’t have more than one.
.0?>
Iunderstand, but do you understand that that’s whatMr. Hub/eris suggesting
in his letter?
MR. HOFFMAN: Objection; form.
MR. EVANS: Objection; form.
So, in other words, you're saying H&P told OSHA that it was my fault, that
we put the wrong connection in?
I 'm looking at Mr. Hub/er's letter to OSHA that's dated 15 April, 2013, where
he says the photographs show the "proper and improper thread profiles
using thread taps, as...the improper Autoclave fitting installed by the third
" ‘s
party testing company. Do you understand what he saying to OSHA?
02>
I know exactly what he 's saying.
And do you see the table of contents that's page 2? There’s a "photo of
actual improper fitting with a half-inch NPT threads that was screwed into the
H&P test stump. ” Do you understand what he's saying?
Yeah.
93>
Do you understand that he's telling OSHA that Mr. Pefia used the wrong
fitting?
MR. HOFFMAN: Object to form.
Right.
And do you understand thathe’s also representing that there '5 a photo of the
.025
contents of Jerry's too/box showing the correct H&P Autoclave fitting was
present at the time of the accident? Do you understand that's what he’s
saying?
MR. HOFFMAN: Objection; form.
Yeah, but it doesn 'tsay -- they didn't take inventory to see how many he had.
Page 171, line 12 - Page 172, line 24
Now let's go back to Mr. Hub/er's letter to OSHA dated 15 April, 2013 where
on the table ofcontents he represents to OSHA that one of the photographs
that you and I have been talking about is a "photo of the actual improper
fitting with four one-half inch NPT threads that was screwed ihto H&P test
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Hidalgo County District Clerks
Reviewed By:
By: Virginia Granados
stump in error by a Rentals & Specialties Company employee during rig-up
to H&P test stump. " Is that statement to OSHA true or false?
False.
Page 188, lines 5 - 14
I just want you to tell me whether you think the statement that Mr. Pefia used
an improper one-half inch NPT threaded fitting into the BOP is true or
false.
False.
Page 189, lines 9 - 13
Based on your experience in this business for 40 years, does the number of
threads on a fitting necessarily determine what its pressure capacity is?
MR. EVANS: Objection; form.
No.
D>
Okay. And, in fact, Mr. Conover, this fitting that you and I have been playing
with, this CN9MM-20—S1 fitting that you say you got in your office or
wherever you've got it, do you see what the pressure rating is on the fitting
that’s inscribed on it? Can you see that? And here '5 -- Plaintiffs' Exhibit No.
16 is a blowup of that that may help you to see it.
> 20,000 PSI.
MR. E VANS: Objection; form.
Why don’t you speak out loud because I didn’t quite hear --
20, 000 PSI.
>9>D
20, 000 PSI. And it only has, what, four or five threads on it?
Yes, five.
Page 190, line 25 - Page 191, line 20
Right. And so this statement that Hub/er is making in his letter to OSHA
that's dated April 15, 2013, two weeks after the accident, that Mr. Pefia used
the improper fitting because the fitting he used only had four threads, is that
statement true or false?
MR. EVANS: Objection; form.
False.
D>
Now, Mr. Conover, having been in this business for 40 years now and having
personally tested these BOPs for many years, do you know stripped and
damaged threads on threaded fittings when you see them?
MR. EVANS: Objection; form.
Yeah, pretty much so. You've got to remember we nipple up those 20-bo/t
flanges and if you overtorque them, you will know.
We have some other pictures. These are P/aintiffs' Exhibits 18, 19, 20, 21,
22, and 23, all of which were also produced by H&P in this case, and they
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5/19/2017 3:14:22 PM
Hidalgo County District Clerks
Reviewed By:
By: Virginia Granados
are specifically, for Plaintiffs' Exhibit No. 18, HP 00462, 468, 513, 515, 417--
excuse me, 471, and 459. And I believe, Mr. Conover, that these are
25 pictures of the test port on the BOP that was involved in the incident.
Why don't you take a look at these pictures?
It looks like a whole lot of maintenance on there. Okay.
D>
What do you see in those pictures, Mr. Conover?
MR. EVANS: Objection; form.
[see some wore out threads.
9>
Do you know rusty and dirty threads when you see them?
MR. EVANS: Objection; form.
Yes.
Q>
Those threads in those photographs appear to be rusty and dirty?
MR. EVANS: Objection; form.
Yes.
D>
Do you see any signs of thread damage in those pictures?
MR. EVANS: Objection; form.
> Yes, I see thread damage. Do you want -- I say yes, I do. Exhibit 19, it's
very visible. You can see.
D And are these conditions that you've seen in your own working experience
in 40 years in the oilfield?
MR. E VANS: Objection; form.
Normally something like this would be protected with a plug and grease until
use, and apparently that one hasn't had no plug and grease in it.
Page 194, line 4 - Page 196, line 3
Now, there's a picture that‘s part of the OSHA investigative file that's
Plaintiffs’ Exhibit No. 24, and is that the fitting that you’re saying you've got
somewhere in safekeeping?
Yes, [have the whole manifold.
D>
And does that resemble or remind you of the pan‘ that you 've got somewhere
in safekeeping?
Yes, sir.
D>
And when Mr. Evans was questioning you earlier, you said you looked at the
fitting yourself and there were no signs of damage on the fitting that you
have. Is that still your recollection?
MR. EVANS: Objection; form.
I've looked at it. My personal inspection, the threads are perfect.
Page 196, line 18 - Page 197, line 7
80 based on that, Mr. Conover, whose responsibility was it to install the
Autoclave fitting on H&P's BOP on the date of the accident? Was it Mr.
Pefia's responsibility or was it somebody at H&P's responsibility?
MR. EVANS: Objection; form.
According to their JSA, it'sthe driller and the crew.
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Hidalgo County District Clerks
Reviewed By:
By: Virginia Granados
And, Mr. Conover, in this JSA that we've been talking about specifically on
step 4, do you see any warnings that relate to that Autoclave fitting coming
loose during a pressure test?
No, sir.
D>
And here, Plaintiffs’ Exhibit No. 6 was a photograph that was produced by
H&P, HP 000478, that shows the test flange that you and l have been talking
about, including a photograph of the inspection port. Do you see any
warnings that are inscribed on that test flange that relate to not removing the
Autoclave fitting?
MR. E VANS: Objection; form.
No.
.0?>
And do you see any kind of information inscribed on the side of that test
flange near that inspection port that relates to the size of the Autoclave fitting
that has to be screwed into that equipment in order to be a safe connection?
MR. EVANS: Objection; form.
No, sir.
Page 208, line 21 - Page 209, line 24
Do you believe that H&P failed to maintain its equipment in this case?
MR. EVANS: Objection; form.
Do I think that they were maintained? Evidently not.
.0?>
Well, you’ve,I looked at the pictures including Plaintiffs' Exhibit No. 18 and
you’ve told me that you think that the threads are dirty and rusty and worn.
MR. EVANS: Objection; form.
Do you believe that H&P maintained the threaded inspection port?
No.
MFI. EVANS: Form.
Do you believe, Mr. Conover, based on your rational perception of these
materials that H&P's failure to maintain the inspection port on that BOP test
flange caused or contributed to Mr. Pefia's death?
MR. EVANS: Objection; form.
Yes.
33>
How so?
MR. E VANS: Form. v
Well, the connection that’s on my manifold shows no pulled threads or
anything and so you can tell that the worn out pan“ of these threads allowed
the connection to -- see, you can even see --
Page 210, line 23 - Page 211, line 22
And, Mr. Conover, are your opinions based on your 40 years' experience in
the oilfield?
MR. EVANS: Objection; form.
Exactly.
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Hidalgo County District Clerks
Reviewed By:
By: Virginia Granados
Q. Are your opinions based on your having pressure tested thousands of BOPs
in your own working career?
MR. EVANS: Objection; form.
A. My experience is testing thousands of BOPs over my 40 years of --
Page 212, lines 4- 12
III.
The Court may properly considerthe foregoing testimony in orderto determine the
admissibility of an expert’s testimony. See Mack Trucks v. Tamez, 206 S.W.3d 572, 578
(Tex. 2006), Piro V. Sarofim, 80 S.W.3d 717, 720 (Tex. App. —Houston [1St Dist] 2002, no
writ), and Pink v. Goodyear Tire & Rubber Co., 324 S.W.3d 290, 301 (Tex. App
—Beaumont 2010, pet. dism'd).
WHEREFORE, PREMISES CONSIDERED, Defendant JERRY’S RENTALS &
SPECIALTIES, 00., INC. prays that this Honorable Court deny Defendants H&P and
Oxy’s Motion to Exclude Expert Testimony of Jerry Conover, together with such other
and further relief, including general relief, to which this Defendant may be justly entitled
to receive.
Respectfully submitted,
ATLAS, HALL & RODRIGUEZ, L.L.P.
PO. Box 3725
McAIIen,Texas 78502
Tel: (956) 682 5501
/
Fax: 956) 686 6109
M/M
Mikeills
M
mkmills@atlashall. com
State Bar No. 14163500
Susan Sullivan
ssullivan@atlashall.com
State Bar No. 11546700
ATTORNEYS FOR DEFENDANT
JERRY'S RENTALS &
SPECIALTIES, CO., INC.
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Hidalgo County District Clerks
Reviewed By:
By: Virginia Granados
CERTIFICATE OF SERVICE
Ihereby certify that on this the MA day of May, 2017,atrue and correct copy
of the above and foregoing document was mailed, via certified mail, return receipt
requested, to the following counsel of record:
Edward L. Ciccone
LAW OFFICES OF EZEQUIEL REYNA, JR, RC.
702 W. Expressway 83, Suite 100
Weslaco, Texas 78596
elciccone@mail.com
Christopher L. Evans
ADAMS & REESE L.L.P.
4400 One Houston Center
1221 McKinney St.
Houston, Texas 77010
Chris.Evans@arlaw.com
D. Ferguson McNeil
VINSON & ELKINS L.L.P.
2500 First City Tower
1001 Fannin St.
Houston, Texas 77002
fmcnie|@velaw.com
Edmundo Ramirez
ELLIS, KOENEKE & RAMIREZ, L.L.P.
1101 Chicago
McAIlen, Texas 78501
eor @ ekrattorneyscom
Dan Rios
LAW OFFICE OF DANIEL G. RIOS, RC.
323 Nolana
McAIlen, Texas 78504
dan @danrioslaw.com
David Ewers
LAW OFFICE OF DAVID A. EWERS, RC.
323 Nolana
McAIlen, Texas 78504
david@ewers.com
Mike Mills
W {
Preview
Electronically Filed 5/19/2017 3:14:22 PM Hidalgo County District Clerks Reviewed By: By: Virginia Granados CAUSE NO. C-8029-14-B GLORIA SALAZAR PENA, INDIVIDUALLY § IN THE DISTRICT COURT OF AND AS INDEPENDENT ADMINISTRATOR OF THE ESTATE OF TOMAS PENA, DECEASED, TOMAS PENA, JR, JAVIER PENA, OSCAR PENA, EDUARDO PENA, and MIGUEL PENA HIDALGO WOWWWWWWWWWWJ COUNTY, TEXAS V. OXY USA, INC., HELMERICH & PAYNE INTERNATIONAL DRILLING CO., and JERRY’S RENTALS & SPECIALITIES, CO., INC. 93RD JUDICIAL DISTRICT DEFENDANT JERRY’S RENTALS & SPECIALTIES CO. INC.’S RESPONSE TO DEFENDANTS HELMERICH & PAYNE INTERNATIONAL DRILLING CO. AND OXY USA_I INC.’S MOTION TO EXCLUDE EXPERT TESTIMONY OF JERRY CONOVER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Defendant JERRY’S RENTALS & SPECIALTIES, 00., INC. (hereinafter “Jerry’s Rentals”), a Defendant in the above entitled and numbered cause, and files this, its Response to Defendants Helmerich & Payne International Drilling Co. (hereinafter “H&P”) and Oxy USA, Inc.’s (hereinafter “Oxy”) Motion to Exclude Expert Testimony of Jerry Conover, and would respectfully show unto the Court the following: I. This Motion is directed to H&P and Oxy’s attempt to have this Honorable Court disqualify Mr. Jerry Conover from testifying regarding causation and safety, operations, training, policies and procedures, safety and regulatory issues, and responses of employees or contractors on the oil well site, condition of equipment owned by H&P, the ultimate cause of the incident, or whether or not Jerry’s Rentals was negligent or grossly negligent as related to the incident and death of Mr. Pena. H&P and Oxy claim that Mr. Electronically Filed 5/19/2017 3:14:22 PM Hidalgo County District Clerks Reviewed By: By: Virginia Granados Pena’s opinions are based on pure speculation, and are also unsupported and biased. This is false and Mr. Conover’s testimony and opinions demonstrate his qualifications, experience, and reliability. His testimony is in no way excludable pursuant to T.R.C.P. 403. II. Attached hereto is a true and correct copy of the deposition of Jerry Conover. The following testimony establishes Mr. Conover’s competence as an expert witness: 0. Give me a picture of your work history prior to you becoming the owner of Jerry's Rentals. A. I was a BOP tester just like Tomas. 0. And how long did you do that before you formed Jerly's Rentals? A. From 1975 until 1980. Q. So we're talking about you being in this business for 40 years more or less? A. Yes, sir Page 135, lines 15 - 23 9 And approximate/y how many blowout preventers have you tested in your career? Thousands. >D> More than 2,000? More than 2,000 Page 136, lines 13 - 17 Q. The question is, when you’ve got the test joint stabbed into the BOP and tightened into that stump, does that little hole that's on the exterior of that disk that surfaces inside the disk -- would it provide a path for pressure or pressurized water to pressurize the inside of the BOP with the rams closed on the top? MR. E VANS: Objection; form. Well, yeah, how are you going to test the rams? >995 That‘s my question. Is that how you would pressure-test a BOP? Where is your picture of that flange again? MR. RIOS: Is it in here? .0 Here we go. THE WITNESS: No, he has one sheet right here. MR. HOFFMAN: Could we put an exhibit number on that, please? MR. CICCONE: Sure. A. More than likely that -- see that right there, that plug? Electronically Filed 5/19/2017 3:14:22 PM Hidalgo County District Clerks Reviewed By: By: Virginia Granados >9 mp They just undo that plug and there’s your port right there and, therefore, that's how you get your pressure in the inside there. 9 I'm going to label this Plaintiffs' Exhibit No. 26, and this is this generic test flange and test stump that you and I have been talking about. D> MW Now, Mr. Conover, does Jerry's Rentals furnish the equipment to pressure test BOPs? > When I go to a drilling rig that they tell me what size test plugs and all that, but you don ’t need a test plug with this -- I know the drill pipe connection. They tellme what kind of test plug they need and Itake itto the rig and we use my equipment and we get the job done and get out of there. D Right. And do you have trailers with equipment mounted on the trailers to do the work that needs to be done? ha And does the equipment include a diesel-powered pump? D>D>9> ms And does your equipment include hoses and the connections and so forth? ms So you’re able to go out to one of these work sites and just get the work done without having to use the equipment that belongs to, say, H&P or Oxy oranyoMerflmdpany? I don ’t need nobody. I ’m self sufficient. ©> Now, we have been talking about this engineering drawing, and do you see any specifications on this engineering drawing for the size of that inspection port, that test pad, that we've been talking about? Do you see any specifications on that engineering drawing? And I can barely see it, too. D> ldoubt/canseeit Well, I'llhelp you out. There is a detail on the side of this and it says, ".8125-16 ” UNF-ZB. Do you know what that’s talking about? MR. EVANS: Objection; form. That's Greek. That‘s Greek to me. D? Do you know if .8125 equals 13/16ths of an inch? MR. EVANS: Objection; form. D> MJwMMW; " Do you know if in that designation, ”16 UNF, 24 whether the "16" relates to threads per inch? MR. EVANS: Objection; form. What is your question? Do you know whether "16 UNF" relates to 16 threads per inch -- D>D> You're above my head. / don’t know what you're talking about. Because you had talked earlier about that you thought the correct fitting was 9/16ths of an inch? F I looked at that and it looked to me like it was a 9/16th medium-pressure Autoclave, what we would call. They make medium pressure, high pressure. They make a whole boat full. But / haven 't seen anything like this. Electronically Filed 5/19/2017 3:14:22 PM Hidalgo County District Clerks Reviewed By: By: Virginia Granados Do you think that the 9/16ths relates to the size of the nipple on the fitting or do you think that it relates to the thread size? Or do you know? > We've always called it a 9/16ths and it was the -— like the nipple, nut that screwed in it. You've got a 9/16ths high pressure and then you’ve got medium pressure and all that. The high pressure is thicker and bigger than -- I didn't see this stump. [don't know what size was in it, but / know Tomas wouldn't have put it in there if it wasn't the right size. You know how to use a ruler, don't you? Yes. Is 9/16ths less than 13/16ths? I would think so. quarter of an inch smaller? >D>D>D>D Is it a I would say so. Willa 9/16ths-inch fitting thread into a 13/16ths-inch opening? I don 't know. But if he had four tests at 10,000 pounds prior to that one, he had to have it pretty close to the right thread. D Will a 9/16ths-inch fitting even touch the walls of a 13/16ths-inch opening? MR. EVANS: Objection; form. > I wouldn ‘t think so. Page 160, line 6- Page 164, line 12 0 Okay, that's what] want to discuss with you, that you think Mr. Per'ia used a straight-threaded fitting on H&P's straight-threaded inspection pad on the BOP? Well, let me just read this to you. ”The test flange port is designed for Autoclave " fitting "connection fora 9/16ths OD tube, "and that's exactly what we had in it. That’s what I 'm finally getting to, Mr. Conover. Let's go back to Mr. Hub/er's letter that's dated 15 April, 2013, which is Plaintiffs' Exhibit No. 1, and I'll just read out loud what I need you to focus on. There’s an item 4 where he says there '3 a ”collection of photos showing proper and improper thread profiles using thread taps, as well as the improper Autoclave fitting installed by the third party testing company prior to the fatal incident. " Did you understand what / just read? .0?> Pretty much so. Did you understand Mr. Hub/er to be saying Mr. Pefia used the wrong fitting 99> That’s what I understand. -- when he was testing the H&P BOP? Then page 2 of P/aintiffs' Exhibit No. 1 is a table of contents, and No. 5 on this table of contents is a "Photo of actual improper fitting with four one-half inch NPT threads that was screwed into H&P test stump in error by a Rentals & Specialties Company employee ” understand what I just read? during rig—up to H&P test stump. Do you Yeah. Electronically Filed 5/19/2017 3:14:22 PM Hidalgo County District Clerks Reviewed By: By: Virginia Granados Do you understand Mr. Hub/er to be saying that Mr. Pefia used a one-half inch NPT-threaded adapter when he plugged into the BOP? Do you understand that's what he's saying? Uh-huh. >9?- Do you think that's true or false? I think that's false. The only thing that was going to go into that BOP is an Autoclave thread. Page 166, line 12 - Page 168, line 1 Right. But do you understand Mr. Hub/er to be suggesting in his letter to OSHA that Mr. Pefia had the correct part in his too/box but chose not to use it on the date of the incident? But that doesn’t mean that he didn’t have more than one. .0?> Iunderstand, but do you understand that that’s whatMr. Hub/eris suggesting in his letter? MR. HOFFMAN: Objection; form. MR. EVANS: Objection; form. So, in other words, you're saying H&P told OSHA that it was my fault, that we put the wrong connection in? I 'm looking at Mr. Hub/er's letter to OSHA that's dated 15 April, 2013, where he says the photographs show the "proper and improper thread profiles using thread taps, as...the improper Autoclave fitting installed by the third " ‘s party testing company. Do you understand what he saying to OSHA? 02> I know exactly what he 's saying. And do you see the table of contents that's page 2? There’s a "photo of actual improper fitting with a half-inch NPT threads that was screwed into the H&P test stump. ” Do you understand what he's saying? Yeah. 93> Do you understand that he's telling OSHA that Mr. Pefia used the wrong fitting? MR. HOFFMAN: Object to form. Right. And do you understand thathe’s also representing that there '5 a photo of the .025 contents of Jerry's too/box showing the correct H&P Autoclave fitting was present at the time of the accident? Do you understand that's what he’s saying? MR. HOFFMAN: Objection; form. Yeah, but it doesn 'tsay -- they didn't take inventory to see how many he had. Page 171, line 12 - Page 172, line 24 Now let's go back to Mr. Hub/er's letter to OSHA dated 15 April, 2013 where on the table ofcontents he represents to OSHA that one of the photographs that you and I have been talking about is a "photo of the actual improper fitting with four one-half inch NPT threads that was screwed ihto H&P test Electronically Filed 5/19/2017 3:14:22 PM Hidalgo County District Clerks Reviewed By: By: Virginia Granados stump in error by a Rentals & Specialties Company employee during rig-up to H&P test stump. " Is that statement to OSHA true or false? False. Page 188, lines 5 - 14 I just want you to tell me whether you think the statement that Mr. Pefia used an improper one-half inch NPT threaded fitting into the BOP is true or false. False. Page 189, lines 9 - 13 Based on your experience in this business for 40 years, does the number of threads on a fitting necessarily determine what its pressure capacity is? MR. EVANS: Objection; form. No. D> Okay. And, in fact, Mr. Conover, this fitting that you and I have been playing with, this CN9MM-20—S1 fitting that you say you got in your office or wherever you've got it, do you see what the pressure rating is on the fitting that’s inscribed on it? Can you see that? And here '5 -- Plaintiffs' Exhibit No. 16 is a blowup of that that may help you to see it. > 20,000 PSI. MR. E VANS: Objection; form. Why don’t you speak out loud because I didn’t quite hear -- 20, 000 PSI. >9>D 20, 000 PSI. And it only has, what, four or five threads on it? Yes, five. Page 190, line 25 - Page 191, line 20 Right. And so this statement that Hub/er is making in his letter to OSHA that's dated April 15, 2013, two weeks after the accident, that Mr. Pefia used the improper fitting because the fitting he used only had four threads, is that statement true or false? MR. EVANS: Objection; form. False. D> Now, Mr. Conover, having been in this business for 40 years now and having personally tested these BOPs for many years, do you know stripped and damaged threads on threaded fittings when you see them? MR. EVANS: Objection; form. Yeah, pretty much so. You've got to remember we nipple up those 20-bo/t flanges and if you overtorque them, you will know. We have some other pictures. These are P/aintiffs' Exhibits 18, 19, 20, 21, 22, and 23, all of which were also produced by H&P in this case, and they Electronically Filed 5/19/2017 3:14:22 PM Hidalgo County District Clerks Reviewed By: By: Virginia Granados are specifically, for Plaintiffs' Exhibit No. 18, HP 00462, 468, 513, 515, 417-- excuse me, 471, and 459. And I believe, Mr. Conover, that these are 25 pictures of the test port on the BOP that was involved in the incident. Why don't you take a look at these pictures? It looks like a whole lot of maintenance on there. Okay. D> What do you see in those pictures, Mr. Conover? MR. EVANS: Objection; form. [see some wore out threads. 9> Do you know rusty and dirty threads when you see them? MR. EVANS: Objection; form. Yes. Q> Those threads in those photographs appear to be rusty and dirty? MR. EVANS: Objection; form. Yes. D> Do you see any signs of thread damage in those pictures? MR. EVANS: Objection; form. > Yes, I see thread damage. Do you want -- I say yes, I do. Exhibit 19, it's very visible. You can see. D And are these conditions that you've seen in your own working experience in 40 years in the oilfield? MR. E VANS: Objection; form. Normally something like this would be protected with a plug and grease until use, and apparently that one hasn't had no plug and grease in it. Page 194, line 4 - Page 196, line 3 Now, there's a picture that‘s part of the OSHA investigative file that's Plaintiffs’ Exhibit No. 24, and is that the fitting that you’re saying you've got somewhere in safekeeping? Yes, [have the whole manifold. D> And does that resemble or remind you of the pan‘ that you 've got somewhere in safekeeping? Yes, sir. D> And when Mr. Evans was questioning you earlier, you said you looked at the fitting yourself and there were no signs of damage on the fitting that you have. Is that still your recollection? MR. EVANS: Objection; form. I've looked at it. My personal inspection, the threads are perfect. Page 196, line 18 - Page 197, line 7 80 based on that, Mr. Conover, whose responsibility was it to install the Autoclave fitting on H&P's BOP on the date of the accident? Was it Mr. Pefia's responsibility or was it somebody at H&P's responsibility? MR. EVANS: Objection; form. According to their JSA, it'sthe driller and the crew. Electronically Filed 5/19/2017 3:14:22 PM Hidalgo County District Clerks Reviewed By: By: Virginia Granados And, Mr. Conover, in this JSA that we've been talking about specifically on step 4, do you see any warnings that relate to that Autoclave fitting coming loose during a pressure test? No, sir. D> And here, Plaintiffs’ Exhibit No. 6 was a photograph that was produced by H&P, HP 000478, that shows the test flange that you and l have been talking about, including a photograph of the inspection port. Do you see any warnings that are inscribed on that test flange that relate to not removing the Autoclave fitting? MR. E VANS: Objection; form. No. .0?> And do you see any kind of information inscribed on the side of that test flange near that inspection port that relates to the size of the Autoclave fitting that has to be screwed into that equipment in order to be a safe connection? MR. EVANS: Objection; form. No, sir. Page 208, line 21 - Page 209, line 24 Do you believe that H&P failed to maintain its equipment in this case? MR. EVANS: Objection; form. Do I think that they were maintained? Evidently not. .0?> Well, you’ve,I looked at the pictures including Plaintiffs' Exhibit No. 18 and you’ve told me that you think that the threads are dirty and rusty and worn. MR. EVANS: Objection; form. Do you believe that H&P maintained the threaded inspection port? No. MFI. EVANS: Form. Do you believe, Mr. Conover, based on your rational perception of these materials that H&P's failure to maintain the inspection port on that BOP test flange caused or contributed to Mr. Pefia's death? MR. EVANS: Objection; form. Yes. 33> How so? MR. E VANS: Form. v Well, the connection that’s on my manifold shows no pulled threads or anything and so you can tell that the worn out pan“ of these threads allowed the connection to -- see, you can even see -- Page 210, line 23 - Page 211, line 22 And, Mr. Conover, are your opinions based on your 40 years' experience in the oilfield? MR. EVANS: Objection; form. Exactly. Electronically Filed 5/19/2017 3:14:22 PM Hidalgo County District Clerks Reviewed By: By: Virginia Granados Q. Are your opinions based on your having pressure tested thousands of BOPs in your own working career? MR. EVANS: Objection; form. A. My experience is testing thousands of BOPs over my 40 years of -- Page 212, lines 4- 12 III. The Court may properly considerthe foregoing testimony in orderto determine the admissibility of an expert’s testimony. See Mack Trucks v. Tamez, 206 S.W.3d 572, 578 (Tex. 2006), Piro V. Sarofim, 80 S.W.3d 717, 720 (Tex. App. —Houston [1St Dist] 2002, no writ), and Pink v. Goodyear Tire & Rubber Co., 324 S.W.3d 290, 301 (Tex. App —Beaumont 2010, pet. dism'd). WHEREFORE, PREMISES CONSIDERED, Defendant JERRY’S RENTALS & SPECIALTIES, 00., INC. prays that this Honorable Court deny Defendants H&P and Oxy’s Motion to Exclude Expert Testimony of Jerry Conover, together with such other and further relief, including general relief, to which this Defendant may be justly entitled to receive. Respectfully submitted, ATLAS, HALL & RODRIGUEZ, L.L.P. PO. Box 3725 McAIIen,Texas 78502 Tel: (956) 682 5501 / Fax: 956) 686 6109 M/M Mikeills M mkmills@atlashall. com State Bar No. 14163500 Susan Sullivan ssullivan@atlashall.com State Bar No. 11546700 ATTORNEYS FOR DEFENDANT JERRY'S RENTALS & SPECIALTIES, CO., INC. Electronically Filed 5/19/2017 3:14:22 PM Hidalgo County District Clerks Reviewed By: By: Virginia Granados CERTIFICATE OF SERVICE Ihereby certify that on this the MA day of May, 2017,atrue and correct copy of the above and foregoing document was mailed, via certified mail, return receipt requested, to the following counsel of record: Edward L. Ciccone LAW OFFICES OF EZEQUIEL REYNA, JR, RC. 702 W. Expressway 83, Suite 100 Weslaco, Texas 78596 elciccone@mail.com Christopher L. Evans ADAMS & REESE L.L.P. 4400 One Houston Center 1221 McKinney St. Houston, Texas 77010 Chris.Evans@arlaw.com D. Ferguson McNeil VINSON & ELKINS L.L.P. 2500 First City Tower 1001 Fannin St. Houston, Texas 77002 fmcnie|@velaw.com Edmundo Ramirez ELLIS, KOENEKE & RAMIREZ, L.L.P. 1101 Chicago McAIlen, Texas 78501 eor @ ekrattorneyscom Dan Rios LAW OFFICE OF DANIEL G. RIOS, RC. 323 Nolana McAIlen, Texas 78504 dan @danrioslaw.com David Ewers LAW OFFICE OF DAVID A. EWERS, RC. 323 Nolana McAIlen, Texas 78504 david@ewers.com Mike Mills W {