Preview
FILED
8/28/2023 3:19 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Miran a Lynch DEPUTY
Page 24
CAUSE NO. DC-21-O9308
MELISSA TARVER, ) IN THE DISTRICT COURT
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. )
)
ATMOS ENERGY CORPORATION )
and BOBCAT CONTRACTING, )
LLC, )
lO )
Defendants. )
ll )
TAMMY BOEHLER, )
12 Individually and as )
Representative of the )
l3 Estate of ETHAN KNIGHT, )
and CLAY BOEHLER, )
l4 )
Plaintiffs,
15 i
VS ) DALLAS COUNTY, TEXAS
l6 )
ATMOS ENERGY CORPORATION )
l7 and FESCO, LTD., )
)
l8 Defendants. )
)
l9 MICHAEL GLOVER, )
)
20 Plaintiff, )
)
21 VS. )
)
22 ATMOS ENERGY CORPORATION )
and BOBCAT CONTRACTING, )
23 LLC, )
)
24 Defendants. ) 192ND JUDICIAL DISTRICT
25
SB Company
Page 125
COURT REPORTER'S CERTIFICATION
REMOTE ORAL AND VIDEOTAPED DEPOSITION OF
CHAD BACAK
Thursday, June 22, 2023
I, SHAUNA L. BEACH, Certified Shorthand Reporter in
and for the State of Texas, hereby certify to the
following:
lO That the witness, CHAD BACAK, was duly sworn by the
ll officer and that the transcript of the oral deposition
12 is a true record of the testimony given by the witness;
l3 That the deposition transcript was submitted on the
l4 10th day of July, 2023, to the witness or to the
l5 attorney for the witness for examination, signature and
l6 return to me by the 2nd day of July, 2023.
l7 That the amount of time used by each party at the
l8 deposition is as follows:
l9 Mr. Parkerson —
2 hours and 38 minutes;
20 Mr. Martin —
15 minutes;
21 Ms. Long - 15 minutes;
22 Mr. Chavez —
2 minutes;
23 That pursuant to information given to the
24 deposition officer at the time said testimony was taken,
25 the following includes counsel for all parties of
SB Company
Page 126
record:
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:
WADY RAHBANI—CHAVEZ
Abraham Watkins Nichols Agosto Aziz Stogner
800 Commerce Street
Houston, Texas 77002
wchavez@awtxlaw.com
FOR THE PLAINTIFFS TAMMY BOEHLER, Individually and as
Representative of the Estate of ETHAN KNIGHT, and CLAY
BOEHLER:
MATT L. MARTIN
lO OMAR CHAWDHARY
Kherkher Garcia, LLP
ll 2925 Richmond Avenue,
Suite 1560
12 Houston, TX 77098
mmartin@kherkhergarcia.com
l3 ochawdhary@kherkhergarcia.com
l4 FOR THE DEFENDANT ATMOS ENERGY CORPORATION:
15 G. BRUCE PARKERSON
Plauché Maselli Parkerson
16 701 Poydras Street
Suite 3800
l7 New Orleans, Louisiana 70130
bparkerson@pmpllp.com
l8
FOR THE DEFENDANT BOBCAT CONTRACTING:
l9
MEGAN SHINNEMAN
20 SARAH H. LONG
Walters Balido & Crain
21 10440 North Central Expressway
Suite 1500
22 Dallas, Texas 75231
megan.shinneman@wbclawfirm.com
23 sarah.long@wbclawfirm.com
24
25
SB Company
Page 127
FOR THE DEFENDANT FESCO, Ltd:
CHRISTOPHER P. HANSEN
FLORENCE MONAUER
Thompson Coe Cousins & Irons, LLP
Plaza of the Americas
700 N. Pearl Street
25th Floor
Dallas, Texas 75201
chansen@thompsoncoe.com
fmonauer@thompsoncoe.com
MICHAEL D. HUDLOW, JR.
Hoblit Darling Ralls Hernandez & Hudlow, LLP
802 N. Carancahua
Suite 2100
Corpus Christi, Texas 78401
mhudlow@hdr—law.com
10
11 I further certify that I am neither counsel for,
12 related to, nor employed by any of the parties or
13 attorneys in the action in which this proceeding was
l4 taken, and further that I am not financially or
15 otherwise interested in the outcome of the action.
16 Further certification requirements pursuant to Rule
17 203 of TRCP will be certified to after they have
18 occurred.
19 Certified to by me this lOth day of July, 2023.
20
21
SHAHNA L. BEACH, RDé, CR6, HSR ¥8408
22 Expiration Date: 05/31/2024
SB Company
23 Texas Firm No. #11077
1980 Post Oak Boulevard, Suite 100
24 Houston, Texas 77056
(713) 331—9955
25 www.shaunabeach.com
SB Company
Page 128
FIRM CERTIFICATION UNDER RULE 203 TRCP
The original deposition was not returned to
the deposition officer on July 3lst, 2023 ;
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 $1,226.00 is the deposition officer's
ll charges to the Defendant for preparing the original
12 deposition transcript and any copies of exhibits;
l3 That the deposition was delivered in accordance
l4 with Rule 203.3, and that a copy of this certificate was
15 served on all parties shown herein and filed with the
l6 Clerk.
Fr
Certified to by me this 28th day of August, 2023.
l8
l9 SW
20 SHAUNA L. BEACH, RDR, CRR, CSR #8408
Expiration Date: 05/31/2024
21 SB Company
Texas Firm No. #11077
22 1980 Post Oak Boulevard, Suite 100
Houston, Texas 77056
23 (713) 331—9955
www.shaunabeach.com
24
25
SB Company
Page 122
WITNESS CHANGES AND SIGNATURE
WITNESS NAME: DATE OF DEPOSITION:
CHAD BACAK June 22, 2023
PAGE LINE CHANGE REASON
10
ll
12
l3
l4
l5
l6
l7
l8
l9
20
21
22
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SB Company
Page 123
I, CHAD BACAK, have read the foregoing
deposition and hereby affix my signature that same is
true and correct, except as noted above.
CHAD BACAK
THE STATE OF TEXAS )
COUNTY 0F )
lO
ll Before me, , on this
12 day personally appeared CHAD BACAK, 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 8/28/2023 3:19 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Miran a Lynch DEPUTY Page 24 CAUSE NO. DC-21-O9308 MELISSA TARVER, ) IN THE DISTRICT COURT 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. ) ) ATMOS ENERGY CORPORATION ) and BOBCAT CONTRACTING, ) LLC, ) lO ) Defendants. ) ll ) TAMMY BOEHLER, ) 12 Individually and as ) Representative of the ) l3 Estate of ETHAN KNIGHT, ) and CLAY BOEHLER, ) l4 ) Plaintiffs, 15 i VS ) DALLAS COUNTY, TEXAS l6 ) ATMOS ENERGY CORPORATION ) l7 and FESCO, LTD., ) ) l8 Defendants. ) ) l9 MICHAEL GLOVER, ) ) 20 Plaintiff, ) ) 21 VS. ) ) 22 ATMOS ENERGY CORPORATION ) and BOBCAT CONTRACTING, ) 23 LLC, ) ) 24 Defendants. ) 192ND JUDICIAL DISTRICT 25 SB Company Page 125 COURT REPORTER'S CERTIFICATION REMOTE ORAL AND VIDEOTAPED DEPOSITION OF CHAD BACAK Thursday, June 22, 2023 I, SHAUNA L. BEACH, Certified Shorthand Reporter in and for the State of Texas, hereby certify to the following: lO That the witness, CHAD BACAK, was duly sworn by the ll officer and that the transcript of the oral deposition 12 is a true record of the testimony given by the witness; l3 That the deposition transcript was submitted on the l4 10th day of July, 2023, to the witness or to the l5 attorney for the witness for examination, signature and l6 return to me by the 2nd day of July, 2023. l7 That the amount of time used by each party at the l8 deposition is as follows: l9 Mr. Parkerson — 2 hours and 38 minutes; 20 Mr. Martin — 15 minutes; 21 Ms. Long - 15 minutes; 22 Mr. Chavez — 2 minutes; 23 That pursuant to information given to the 24 deposition officer at the time said testimony was taken, 25 the following includes counsel for all parties of SB Company Page 126 record: 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: WADY RAHBANI—CHAVEZ Abraham Watkins Nichols Agosto Aziz Stogner 800 Commerce Street Houston, Texas 77002 wchavez@awtxlaw.com FOR THE PLAINTIFFS TAMMY BOEHLER, Individually and as Representative of the Estate of ETHAN KNIGHT, and CLAY BOEHLER: MATT L. MARTIN lO OMAR CHAWDHARY Kherkher Garcia, LLP ll 2925 Richmond Avenue, Suite 1560 12 Houston, TX 77098 mmartin@kherkhergarcia.com l3 ochawdhary@kherkhergarcia.com l4 FOR THE DEFENDANT ATMOS ENERGY CORPORATION: 15 G. BRUCE PARKERSON Plauché Maselli Parkerson 16 701 Poydras Street Suite 3800 l7 New Orleans, Louisiana 70130 bparkerson@pmpllp.com l8 FOR THE DEFENDANT BOBCAT CONTRACTING: l9 MEGAN SHINNEMAN 20 SARAH H. LONG Walters Balido & Crain 21 10440 North Central Expressway Suite 1500 22 Dallas, Texas 75231 megan.shinneman@wbclawfirm.com 23 sarah.long@wbclawfirm.com 24 25 SB Company Page 127 FOR THE DEFENDANT FESCO, Ltd: CHRISTOPHER P. HANSEN FLORENCE MONAUER Thompson Coe Cousins & Irons, LLP Plaza of the Americas 700 N. Pearl Street 25th Floor Dallas, Texas 75201 chansen@thompsoncoe.com fmonauer@thompsoncoe.com MICHAEL D. HUDLOW, JR. Hoblit Darling Ralls Hernandez & Hudlow, LLP 802 N. Carancahua Suite 2100 Corpus Christi, Texas 78401 mhudlow@hdr—law.com 10 11 I further certify that I am neither counsel for, 12 related to, nor employed by any of the parties or 13 attorneys in the action in which this proceeding was l4 taken, and further that I am not financially or 15 otherwise interested in the outcome of the action. 16 Further certification requirements pursuant to Rule 17 203 of TRCP will be certified to after they have 18 occurred. 19 Certified to by me this lOth day of July, 2023. 20 21 SHAHNA L. BEACH, RDé, CR6, HSR ¥8408 22 Expiration Date: 05/31/2024 SB Company 23 Texas Firm No. #11077 1980 Post Oak Boulevard, Suite 100 24 Houston, Texas 77056 (713) 331—9955 25 www.shaunabeach.com SB Company Page 128 FIRM CERTIFICATION UNDER RULE 203 TRCP The original deposition was not returned to the deposition officer on July 3lst, 2023 ; 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 $1,226.00 is the deposition officer's ll charges to the Defendant for preparing the original 12 deposition transcript and any copies of exhibits; l3 That the deposition was delivered in accordance l4 with Rule 203.3, and that a copy of this certificate was 15 served on all parties shown herein and filed with the l6 Clerk. Fr Certified to by me this 28th day of August, 2023. l8 l9 SW 20 SHAUNA L. BEACH, RDR, CRR, CSR #8408 Expiration Date: 05/31/2024 21 SB Company Texas Firm No. #11077 22 1980 Post Oak Boulevard, Suite 100 Houston, Texas 77056 23 (713) 331—9955 www.shaunabeach.com 24 25 SB Company Page 122 WITNESS CHANGES AND SIGNATURE WITNESS NAME: DATE OF DEPOSITION: CHAD BACAK June 22, 2023 PAGE LINE CHANGE REASON 10 ll 12 l3 l4 l5 l6 l7 l8 l9 20 21 22 23 24 25 SB Company Page 123 I, CHAD BACAK, have read the foregoing deposition and hereby affix my signature that same is true and correct, except as noted above. CHAD BACAK THE STATE OF TEXAS ) COUNTY 0F ) lO ll Before me, , on this 12 day personally appeared CHAD BACAK, 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