Preview
FILED
10/24/2022 10:58 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Margaret Tho as DEPUTY
Page 25
CAUSE NO. DC-21-O9308
MELISSA TARVER,
)))\ll\ll))))))\ll\ll))))))\ll\l/))))))\ll\ll))
Individually and as
Representative of the
Estate of DERIC TARVER,
and as next friend of
B.T. and K.T., Minors,
RANDY TARVER and DEBBIE
TARVER,
Plaintiffs,
VS.
IN THE DISTRICT COURT
ATMOS ENERGY CORPORATION
and BOBCAT CONTRACTING,
LLC, DALLAS COUNTY, TEXAS
lO Defendants,
l92nd JUDICIAL DISTRICT
ll TAMMY BOEHLER,
Individually and as
12 Representative of the
Estate of ETHAN KNIGHT,
l3 and CLAY BOEHLER,
l4 Plaintiffs,
VS.
15
ATMOS ENERGY CORPORATION
l6 and FESCO, LTD.,
l7 Defendants.
l8
l9 COURT REPORTER'S CERTIFICATION
20 REMOTE ORAL AND VIDEOTAPED DEPOSITION OF MICHAEL GLOVER
21 Tuesday, September 20, 2022
22
23 I, SHAUNA L. BEACH, Certified Shorthand Reporter in
24 and for the State of Texas, hereby certify to the
25 following:
SB Company
Page 259
That the witness, MICHAEL GLOVER, was duly sworn by
the officer and that the transcript of the oral
deposition is a true record of the testimony given by
the witness;
That the deposition transcript was submitted on the
29th day of September, 2022, to the witness or to the
attorney for the witness for examination, signature and
return to me by the 24th day of October, 2022.
That the amount of time used by each party at the
lO deposition is as follows:
ll Mr. Parkinson —
4 hours and 44 minutes;
12 Ms. Long - 15 minutes;
l3 Mr. Agosto —
10 minutes;
l4 Mr. Martin —
8 minutes;
15 That pursuant to information given to the
l6 deposition officer at the time said testimony was taken,
l7 the following includes counsel for all parties of
l8 record:
l9 FOR THE PLAINTIFFS TAMMY BOEHLER, Individually and as
Representative of the Estate of ETHAN KNIGHT, and CLAY
20 BOEHLER:
21 MATT L. MARTIN (Via Zoom)
Kherkher Garcia, LLP
22 2925 Richmond Avenue
Suite 1560
23 Houston, Texas 77098
mmartin@kherkhergarcia.com
24
FOR THE PLAINTIFFS MELISSA TARVER, Individually and as
25 Representative of the Estate of DERIC TARVER, and as
next friend of B.T. and K.T., Minors, RANDY TARVER and
SB Company
Page 260
DEBBIE TARVER:
BEN AGOSTO, JR.
Abraham Watkins Nichols Agosto Aziz Stogner
800 Commerce Street
Houston, Texas 77002
bagosto@awtxlaw.com
FOR THE PLAINTIFFS MELISSA TARVER, Individually and as
Representative of the Estate of DERIC TARVER, and as
next friend of B.T. and K.T., Minors, RANDY TARVER and
DEBBIE TARVER:
JACOB KARAM (Via Zoom)
The Karam Law Office
One Sugar Creek Center Blvd
Suite lOlO
Sugar Land, Texas 77478
10 info@thekaramlawoffice.com
11 FOR THE DEFENDANT ATMOS:
12 G. BRUCE PARKERSON (Via Zoom)
PLAUCHE MASELLI PARKERSON LLP
13 70l Poydras Street
Suite 3800
14 New Orleans, Louisiana 70139
bparkerson@pmpllp.com
15
FOR THE DEFENDANT FESCO, Ltd:
16
CHRISTOPHER P. HANSEN (via Zoom)
17 Thompson Coe Cousins & Irons, LLP
Plaza of the Americas
18 700 N. Pearl Street
25th Floor
19 Dallas, Texas 75201
chansen@thompsoncoe.com
20
FOR THE DEFENDANT BOBCAT CONTRACTING:
21
SARAH HOLLEY LONG (Via Zoom)
22 MICHELLE SHINNEMAN (Via Zoom)
Walters Balido & Crain
23 10440 North Central Expressway
Suite 1500
24 Dallas, Texas 75231
sarah.long@wbclawfirm.com
25 michelle.shinneman@wbclawfirm.com
SB Company
Page 261
FOR MICHAEL GLOVER:
LOREN KLITSAS
Klitsas & Vercher, PC
550 Westcott Street
Suite 570
Houston, Texas 77007
klitsas@kv—law.com
I further certify that I am neither counsel for,
related to, nor employed by any of the parties or
attorneys in the action in which this proceeding was
taken, and further that I am not financially or
10 otherwise interested in the outcome of the action.
11 Further certification requirements pursuant to Rule
12 203 of TRCP will be certified to after they have
13 occurred.
14 Certified to by me this 24th day of October,
15 2022.
16
17
18
19 SHAUNA L. BEACH, RDR, CRR, CSR #8408
Expiration Date: 05/31/2024
20 SB Company
Texas Firm No. #11077
21 1980 Post Oak Boulevard, Suite 100
Houston, Texas 77056
22 (713) 331—9955
www.shaunabeach.com
23
24
25
SB Company
Page 262
FIRM CERTIFICATION UNDER RULE 203 TRCP
The original deposition was not returned to
the deposition officer on October 20th, 2022 ;
If returned, the attached Witness Changes and
Signature page contains any changes and the reasons
therefore;
If returned, the original deposition was delivered
to G. Bruce Parkerson, the custodial attorney;
10 That $2,036.25 is the deposition officer's
11 charges to the Defendant for preparing the original
12 deposition transcript and any copies of exhibits;
13 That the deposition was delivered in accordance
14 with Rule 203.3, and that a copy of this certificate was
15 served on all parties shown herein and filed with the
16 Clerk.
Fr
I Certified to by me this 24th day of October,
2022.
18
19
20
21
SHAUNA L. BEACH, RDR, CRR, CSR
22 #8408
Expiration Date: 05/31/2024
SB Company
23
Texas Firm No. #11077
24
1980 Post Oak Boulevard, Suite 100
Houston, Texas 77056
25 (713) 331—9955
www.shaunabeach.com
SB Company
Page 256
WITNESS CHANGES AND SIGNATURE
WITNESS NAME: DATE OF DEPOSITION:
MICHAEL GLOVER September 20, 2022
PAGE LINE CHANGE REASON
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SB Company
Page 257
I, MICHAEL GLOVER, have read the foregoing
deposition and hereby affix my signature that same is
true and correct, except as noted above.
MICHAEL GLOVER
THE STATE OF TEXAS )
COUNTY 0F )
lO
ll Before me, , on this
12 day personally appeared MICHAEL GLOVER, known to me (or
l3 proved to me under oath or through
l4 ) (description of identity
l5 card or other document) to be the person whose name is
l6 subscribed to the foregoing instrument and acknowledged
l7 to me that they executed the same for the purposes and
l8 consideration therein expressed.
l9 Given under my hand and seal of office this
20 day of ,
21
22
23 NOTARY PUBLIC IN AND FOR
24 THE STATE OF
25 COMMISSION EXPIRES:
SB Company
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FILED 10/24/2022 10:58 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Margaret Tho as DEPUTY Page 25 CAUSE NO. DC-21-O9308 MELISSA TARVER, )))\ll\ll))))))\ll\ll))))))\ll\l/))))))\ll\ll)) Individually and as Representative of the Estate of DERIC TARVER, and as next friend of B.T. and K.T., Minors, RANDY TARVER and DEBBIE TARVER, Plaintiffs, VS. IN THE DISTRICT COURT ATMOS ENERGY CORPORATION and BOBCAT CONTRACTING, LLC, DALLAS COUNTY, TEXAS lO Defendants, l92nd JUDICIAL DISTRICT ll TAMMY BOEHLER, Individually and as 12 Representative of the Estate of ETHAN KNIGHT, l3 and CLAY BOEHLER, l4 Plaintiffs, VS. 15 ATMOS ENERGY CORPORATION l6 and FESCO, LTD., l7 Defendants. l8 l9 COURT REPORTER'S CERTIFICATION 20 REMOTE ORAL AND VIDEOTAPED DEPOSITION OF MICHAEL GLOVER 21 Tuesday, September 20, 2022 22 23 I, SHAUNA L. BEACH, Certified Shorthand Reporter in 24 and for the State of Texas, hereby certify to the 25 following: SB Company Page 259 That the witness, MICHAEL GLOVER, was duly sworn by the officer and that the transcript of the oral deposition is a true record of the testimony given by the witness; That the deposition transcript was submitted on the 29th day of September, 2022, to the witness or to the attorney for the witness for examination, signature and return to me by the 24th day of October, 2022. That the amount of time used by each party at the lO deposition is as follows: ll Mr. Parkinson — 4 hours and 44 minutes; 12 Ms. Long - 15 minutes; l3 Mr. Agosto — 10 minutes; l4 Mr. Martin — 8 minutes; 15 That pursuant to information given to the l6 deposition officer at the time said testimony was taken, l7 the following includes counsel for all parties of l8 record: l9 FOR THE PLAINTIFFS TAMMY BOEHLER, Individually and as Representative of the Estate of ETHAN KNIGHT, and CLAY 20 BOEHLER: 21 MATT L. MARTIN (Via Zoom) Kherkher Garcia, LLP 22 2925 Richmond Avenue Suite 1560 23 Houston, Texas 77098 mmartin@kherkhergarcia.com 24 FOR THE PLAINTIFFS MELISSA TARVER, Individually and as 25 Representative of the Estate of DERIC TARVER, and as next friend of B.T. and K.T., Minors, RANDY TARVER and SB Company Page 260 DEBBIE TARVER: BEN AGOSTO, JR. Abraham Watkins Nichols Agosto Aziz Stogner 800 Commerce Street Houston, Texas 77002 bagosto@awtxlaw.com FOR THE PLAINTIFFS MELISSA TARVER, Individually and as Representative of the Estate of DERIC TARVER, and as next friend of B.T. and K.T., Minors, RANDY TARVER and DEBBIE TARVER: JACOB KARAM (Via Zoom) The Karam Law Office One Sugar Creek Center Blvd Suite lOlO Sugar Land, Texas 77478 10 info@thekaramlawoffice.com 11 FOR THE DEFENDANT ATMOS: 12 G. BRUCE PARKERSON (Via Zoom) PLAUCHE MASELLI PARKERSON LLP 13 70l Poydras Street Suite 3800 14 New Orleans, Louisiana 70139 bparkerson@pmpllp.com 15 FOR THE DEFENDANT FESCO, Ltd: 16 CHRISTOPHER P. HANSEN (via Zoom) 17 Thompson Coe Cousins & Irons, LLP Plaza of the Americas 18 700 N. Pearl Street 25th Floor 19 Dallas, Texas 75201 chansen@thompsoncoe.com 20 FOR THE DEFENDANT BOBCAT CONTRACTING: 21 SARAH HOLLEY LONG (Via Zoom) 22 MICHELLE SHINNEMAN (Via Zoom) Walters Balido & Crain 23 10440 North Central Expressway Suite 1500 24 Dallas, Texas 75231 sarah.long@wbclawfirm.com 25 michelle.shinneman@wbclawfirm.com SB Company Page 261 FOR MICHAEL GLOVER: LOREN KLITSAS Klitsas & Vercher, PC 550 Westcott Street Suite 570 Houston, Texas 77007 klitsas@kv—law.com I further certify that I am neither counsel for, related to, nor employed by any of the parties or attorneys in the action in which this proceeding was taken, and further that I am not financially or 10 otherwise interested in the outcome of the action. 11 Further certification requirements pursuant to Rule 12 203 of TRCP will be certified to after they have 13 occurred. 14 Certified to by me this 24th day of October, 15 2022. 16 17 18 19 SHAUNA L. BEACH, RDR, CRR, CSR #8408 Expiration Date: 05/31/2024 20 SB Company Texas Firm No. #11077 21 1980 Post Oak Boulevard, Suite 100 Houston, Texas 77056 22 (713) 331—9955 www.shaunabeach.com 23 24 25 SB Company Page 262 FIRM CERTIFICATION UNDER RULE 203 TRCP The original deposition was not returned to the deposition officer on October 20th, 2022 ; If returned, the attached Witness Changes and Signature page contains any changes and the reasons therefore; If returned, the original deposition was delivered to G. Bruce Parkerson, the custodial attorney; 10 That $2,036.25 is the deposition officer's 11 charges to the Defendant for preparing the original 12 deposition transcript and any copies of exhibits; 13 That the deposition was delivered in accordance 14 with Rule 203.3, and that a copy of this certificate was 15 served on all parties shown herein and filed with the 16 Clerk. Fr I Certified to by me this 24th day of October, 2022. 18 19 20 21 SHAUNA L. BEACH, RDR, CRR, CSR 22 #8408 Expiration Date: 05/31/2024 SB Company 23 Texas Firm No. #11077 24 1980 Post Oak Boulevard, Suite 100 Houston, Texas 77056 25 (713) 331—9955 www.shaunabeach.com SB Company Page 256 WITNESS CHANGES AND SIGNATURE WITNESS NAME: DATE OF DEPOSITION: MICHAEL GLOVER September 20, 2022 PAGE LINE CHANGE REASON 10 ll 12 l3 l4 l5 l6 l7 l8 l9 20 21 22 23 24 25 SB Company Page 257 I, MICHAEL GLOVER, have read the foregoing deposition and hereby affix my signature that same is true and correct, except as noted above. MICHAEL GLOVER THE STATE OF TEXAS ) COUNTY 0F ) lO ll Before me, , on this 12 day personally appeared MICHAEL GLOVER, known to me (or l3 proved to me under oath or through l4 ) (description of identity l5 card or other document) to be the person whose name is l6 subscribed to the foregoing instrument and acknowledged l7 to me that they executed the same for the purposes and l8 consideration therein expressed. l9 Given under my hand and seal of office this 20 day of , 21 22 23 NOTARY PUBLIC IN AND FOR 24 THE STATE OF 25 COMMISSION EXPIRES: SB Company