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MASTER FILE NO. 2022-36264
E URRICANE ETA ITIGATION
HE ISTRICT OURT
22-0300
TH
UDICIAL ISTRICT
HIS OCUMENT ELATES TO LL
ASES ARRIS OUNTY EXAS
CAUSE NO. 2020-79221
HRISTOPHER LEASANT § HE ISTRICT OURT
§
TH
RANSOCEAN FFSHORE EEPWATER § UDICIAL ISTRICT
RILLING T AL §
ARRIS OUNTY EXAS
TRANSOCEAN’S MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING
PLAINTIFF CHRISTOPHER PLEASANT’S DEEPWATER HORIZON RELEASE
Defendants Transocean Offshore Deepwater Drilling Inc., Triton Voyager Asset Leasing
GmbH, and Triton Voyager asset Leasing GmbH, Asgard US (collectively “Transocean”) submit
this Motion for Partial Summary Judgment pursuant to Texas Rule of Civil Procedure 166a,
respectfully requesting that the Court rule as a matter of law that Plaintiff Christopher Pleasant has
released all of his claims for past, present, and future damages directly or indirectly arising out of,
related to, or resulting from the 2010 Deepwater Horizon incident.
I. FACTUAL BACKGROUND
Pleasant filed this action on December 10, 2020 to recover for mental and physical injuries
he claims to have sustained while serving aboard the Deepwater Asgard when it encountered
Hurricane Zeta on October 28, 2020. As described below, Pleasant has a 20-year work history
with Transocean, including a prior maritime incident for which he has released all claims,
including those for emotional distress.
1
A. LEASANT OLUNTARILY ELEASES LL LAIMS HETHER IRECTLY OR
NDIRECTLY ELATED TO HE EEPWATER ORIZON
On April 20, 2010, Pleasant was working as a Subsea Supervisor on the Deepwater
Horizon mobile offshore drilling unit when a well blowout resulted in an explosion (“the Horizon
Incident”). Thankfully, Pleasant evacuated and suffered no physical injuries.
Pleasant continued to work for Transocean following the Deepwater Horizon incident for
10 additional years before filing this lawsuit. On or about December 3, 2010, in consideration for
approximately six months’ pay he signed a Receipt, Release, Settlement of All Claims, and
Indemnity Agreement (the “Release”) with Transocean, releasing “any and all past, present and/or
future claims … he may or might have and/or which may hereafter accrue to him … for past,
present and/or future damages and all consequences thereof, whether known, or unknown … in
any way directly or indirectly arising out of, related to, resulting from or to result from the Horizon
incident.” Ex. A (Release, p. 2).
B. LEASANT IS ON HE EEPWATER SGARD URING URRICANE ETA OR IX EEKS
FTER HE NCIDENT E EPEATEDLY EPORTS OT EING NJURED
Transocean is the operator of the Deepwater Asgard, a 780-foot long dynamically-
positioned ocean-going drill ship. In late October 2020, the ship was performing well-completion
operations in the Gulf of Mexico, due south of Louisiana. On October 24, 2020, a weather forecast
showed that a tropical system—which had previously been forecast to track up the Florida coast—
could potentially track towards the Asgard and develop into a tropical depression or tropical storm.
The is designed to ride out storms up to and including Category 5 hurricanes. While
Transocean was closely monitoring the forecast, the crew went through a series of operations to
ensure that the well was securely plugged, that mechanical barriers were properly installed, and
that there would be no loss of well control.
2
In October 2020, Pleasant was working onboard the Asgard as a Senior Subsea Supervisor,
with responsibility for maintaining the Blowout Preventor and associated subsea equipment. After
Hurricane Zeta’s passage on October 27-28th (during which time the successfully
unlatched and rode out the remainder of the storm), Pleasant continued to work without issue until
his regular departure date of November 11, 2020. In the fourteen days Pleasant worked on the
after Hurricane Zeta, he did not report any accident or injury, nor did he visit the medic.
See e.g. Ex. B (Pleasant Depo. at 300:4-7). When Pleasant departed the rig, he signed a departure
log specifically answering “No” to the questions asking whether he had sustained any work-related
illness or injury during his hitch or witnessed any such injury. Ex. C (Departure Log).
C. VER IX EEKS FTER HE NCIDENT LEASANT EPORTS NJURIES OR HE IRST
IME ND LAIMS IS MOTIONAL NJURIES RE IED TO HE EEPWATER ORIZON
Despite affirmatively reporting that he had not been injured, over six weeks after the
incident, Pleasant filed this lawsuit, claiming for the first time he was unable to work in any
capacity as a result of his newly-found injuries. Pleasant also asserted various emotional injuries,
including recurring nightmares. When questioned about these injuries, Pleasant unequivocally
admitted that “all the nightmares and flashbacks [he was having] deal with the Deepwater
Horizon.” Id. at 348:12-24 (emphasis added).
Q: You said you have nightmares. What are the nightmares of?
A: Deepwater Horizon. I – I wake up, you know, I see Dale.
Q: So all of the nightmares and flashbacks you have all deal with the Deepwater Horizon?
A: Yeah. It’s different, but Dale is the most – most thing that I see a lot of times. Sometimes it just be a fire. You
know, sometimes I can wake up talking to Mike, you know, the electrician. It’s different things. Sometimes I see the
rig. I saw the rig when it sunk with the guys on it.
Pleasant Depo. at 343:12-24 (Nov. 30, 2021).
3
II. ARGUMENT
A. ELEASE IS NTERPRETED IKE ANY THER ONTRACT TS NAMBIGUOUS ERMS
UST BE NFORCED
A release of claims “is subject to the normal rules of contract construction, including the
rules of ambiguity.” D.R. Horton-Tex., Ltd. v. Savannah Properties Associates, L.P., 416 S.W.3d
217, 226 (Tex. App.—Fort Worth 2013, no pet.) (internal citation omitted). “An unambiguous
contract will be enforced as written.” Id. (internal citation omitted). “Parol evidence may not be
introduced to create an ambiguity or to alter the intent of the parties as expressed in the instrument.”
Id. (internal citation omitted).
Given that “[c]ontract construction is a matter of law for the trial court,” Elliott-Williams
Co., Inc. v. Diaz, 9 S.W.3d 801, 803 (Tex. 1999), the scope of a release of claims is properly
adjudicated on summary judgment. See MMR Constructors, Inc. v. Dow Chem. Co., 2020 WL
7062325 at *7–8 (Tex. App.—Houston [1st Dist.] Dec. 3, 2020, no pet.) (affirming summary
judgment where the “plain language of the release” encompassed plaintiff’s present claims); see
also D.R. Horton-Tex., Ltd. 416 S.W.3d at 227-28 (affirming summary judgment where
“unambiguous” language of release covered plaintiff’s present claims).
B. OURTS AVE OUTINELY NFORCED ELEASES OR NKNOWN OR UTURE
AMAGES LAIMS
Although a release must mention the claim to be released, it is not necessary “for the parties
to anticipate and explicitly identify every potential cause of action relating to the subject matter of
the release.” Stafford v. Allstate Life Ins. Co., 175 S.W.3d 537, 540 (Tex. App.—Texarkana 2005,
no pet.). Specifically, “[a]lthough releases generally contemplate claims existing at the time of
execution, a valid release may also encompass unknown claims and damages that develop in the
future.” Id. (emphasis added); see also MMR Constructors 2020 WL 7062325 at *6 (same
4
language); D.R. Horton-Tex., Ltd. 416 S.W.3d at 226 (same language).
For example, in Stafford v. Allstate Life Ins. Co. the Texarkana Court of Appeals affirmed
summary judgment, holding that plaintiff’s present claims were barred by her prior release. 175
S.W.3d at 537. In Stafford, the plaintiff had entered into a settlement agreement with Allstate
Insurance following a car accident. Id. at 537. The settlement agreement included a release which
applied to “‘any and all past, present or future claims, . . . whether based on a tort, contract or other
theory of recovery, . . . which may hereafter accrue or otherwise be acquired on account of, or in
any way growing out of, or which are the subject of the Complaint.’” Id. at 542. Four years after
signing the release, plaintiff sued Allstate as a class representative of a purported class of persons
who had been involved in certain structured settlements and alleged impropriety. Id. at 540.
Allstate moved for summary judgment based on the prior release, which the trial court granted. Id.
The Court of Appeals affirmed the summary judgment holding, finding that [l]ike any
other agreement, a release is subject to the rules of construction governing contracts, including the
tenet that courts will not rewrite agreements to insert provisions parties could have included or to
imply restraints for which they have not bargained.” Id. at 541. Although plaintiff attempted to
argue that the release was limited “to personal injury claims arising out of the . . . automobile
accident,” the Court held: “The release is not limited to particular types of claims that resulted
from the accident. Nor is it limited solely to claims that existed at the time the release was
executed.” Id. at 542. Because the release covered “all claims, based on any theory of recovery,
accruing at any time in the past or future, that grow out of the accident,” the release showed “no
intent to be limited in the manner” which plaintiff suggested. Id. “Absent any language of
limitation, we cannot supply such a narrow interpretation.” Id. The same result is warranted here.
5
C. ER HE LAIN EXT F LEASANT ETTLEMENT GREEMENT E AS ELEASED
LL LAIMS TEMMING ROM HE EEPWATER ORIZON NCLUDING HOSE
RIGGERED HE NCIDENT HE SGARD.
Here, Pleasant has signed a release which mirrors the language in Stafford. 175 S.W.3d at
542. Specifically, Pleasant’s release unambiguously extinguishes “any and all . . . future claims
. . . he may or might have and/or which may hereafter accrue to him, whether known or unknown,
foreseen or unforeseen, whether statutory, in contract or in tort … for past, present and/or future
damages and all consequences thereof, whether known or unknown, proximate or remote, whether
permanent, temporary or residual, including . . . pain and suffering, mental suffering, pain and
anguish . . . and any and all other damages or other items of possible recovery . . . and all other
rights whatsoever in any way directly or indirectly arising out of, related to, resulting from or to
result from the Horizon incident.” Ex. A (Release, p. 2). As Mr. Pleasant reaffirms later in his
settlement agreement, Transocean “shall have no further exposure or liability to [him] whatsoever,
directly or indirectly, as a result of the Horizon incident.” Id. Consequently, any of Pleasant’s
current emotional injuries which “in any way directly or indirectly” arise out of, relate to, or result
from the Deepwater Horizon are barred.
III. CONCLUSION
The Court should enforce the plain terms of the Release signed by Plaintiff Christopher
Pleasant, and enter judgment as a matter of law that he has released all his claims for past, present,
and future damages directly or indirectly arising out of, related to, or resulting from the 2010
Deepwater Horizon incident.
6
Respectfully submitted,
/s/ Timothy W. Strickland
EAN ILLER LLP
Timothy W. Strickland
State Bar No. 19396298
Tim.Strickland@keanmiller.com
OGAN OVELLS US LLP Gary E. Alfred
State Bar No. 24011214
Bruce D. Oakley Gary.Alfred@keanmiller.com
State Bar No. 15156900 Linda Broocks
Bruce.Oakley@hoganlovells.com State Bar No. 03059100
S. Lee Whitesell Linda.Broocks@keanmiller.com
State Bar No. 24093356 Stacey T. Norstrud
Lee.Whitesell@hoganlovells.com State Bar No. 24023563
Chloe Warnberg Stacey.Norstrud@keanmiller.com
State Bar No. 24131741 Farnaz Alms
Chloe.Warnberg@hoganlovells.com State Bar No. 24110625
609 Main Street, Suite 4200 Farnaz.Alms@keanmiller.com
Houston, TX 77002 711 Louisiana Street
Tel: (713) 632-1400 Suite 1800 South Tower Houston,
Fax: (713) 632-1401 Texas 77002
Tel: (713) 844-3000
HMAD AVITSANOS ENSING
Fax: (713) 844-3030
Daryl Moore Tod J. Everage
State Bar No. 14324720 State Bar No. 24108674
dmoore@azalaw.com Tod.Everage@keanmiller.com
Shahmeer Halepota First Bank & Trust Tower
State Bar No. 24109968 909 Poydras Street, Suite 3600
shalepota@azalaw.com New Orleans, Louisiana 70112
Tel: (713) 655-1101 Tel: (504) 585-3050
Fax: (713) 655-0062 Fax: (504) 582-3051
Laura F. Dumas
State Bar No. 24103763
Laura.Dumas@keanmiller.com
1400 Woodloch Forest Drive, Suite 400
The Woodlands, Texas 77380
Tel: (832) 481-2933
Fax: (888) 781-0162
Counsel for Transocean and Triton Parties
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CERTIFICATE OF SERVICE
I certify that on October 12, 2023, the foregoing motion was served by on all counsel of
record counsel of record via e-service.
/s/ Timothy W. Strickland
Timothy W. Strickland
8
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MASTER FILE NO. 2022-36264 E URRICANE ETA ITIGATION HE ISTRICT OURT 22-0300 TH UDICIAL ISTRICT HIS OCUMENT ELATES TO LL ASES ARRIS OUNTY EXAS CAUSE NO. 2020-79221 HRISTOPHER LEASANT § HE ISTRICT OURT § TH RANSOCEAN FFSHORE EEPWATER § UDICIAL ISTRICT RILLING T AL § ARRIS OUNTY EXAS TRANSOCEAN’S MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING PLAINTIFF CHRISTOPHER PLEASANT’S DEEPWATER HORIZON RELEASE Defendants Transocean Offshore Deepwater Drilling Inc., Triton Voyager Asset Leasing GmbH, and Triton Voyager asset Leasing GmbH, Asgard US (collectively “Transocean”) submit this Motion for Partial Summary Judgment pursuant to Texas Rule of Civil Procedure 166a, respectfully requesting that the Court rule as a matter of law that Plaintiff Christopher Pleasant has released all of his claims for past, present, and future damages directly or indirectly arising out of, related to, or resulting from the 2010 Deepwater Horizon incident. I. FACTUAL BACKGROUND Pleasant filed this action on December 10, 2020 to recover for mental and physical injuries he claims to have sustained while serving aboard the Deepwater Asgard when it encountered Hurricane Zeta on October 28, 2020. As described below, Pleasant has a 20-year work history with Transocean, including a prior maritime incident for which he has released all claims, including those for emotional distress. 1 A. LEASANT OLUNTARILY ELEASES LL LAIMS HETHER IRECTLY OR NDIRECTLY ELATED TO HE EEPWATER ORIZON On April 20, 2010, Pleasant was working as a Subsea Supervisor on the Deepwater Horizon mobile offshore drilling unit when a well blowout resulted in an explosion (“the Horizon Incident”). Thankfully, Pleasant evacuated and suffered no physical injuries. Pleasant continued to work for Transocean following the Deepwater Horizon incident for 10 additional years before filing this lawsuit. On or about December 3, 2010, in consideration for approximately six months’ pay he signed a Receipt, Release, Settlement of All Claims, and Indemnity Agreement (the “Release”) with Transocean, releasing “any and all past, present and/or future claims … he may or might have and/or which may hereafter accrue to him … for past, present and/or future damages and all consequences thereof, whether known, or unknown … in any way directly or indirectly arising out of, related to, resulting from or to result from the Horizon incident.” Ex. A (Release, p. 2). B. LEASANT IS ON HE EEPWATER SGARD URING URRICANE ETA OR IX EEKS FTER HE NCIDENT E EPEATEDLY EPORTS OT EING NJURED Transocean is the operator of the Deepwater Asgard, a 780-foot long dynamically- positioned ocean-going drill ship. In late October 2020, the ship was performing well-completion operations in the Gulf of Mexico, due south of Louisiana. On October 24, 2020, a weather forecast showed that a tropical system—which had previously been forecast to track up the Florida coast— could potentially track towards the Asgard and develop into a tropical depression or tropical storm. The is designed to ride out storms up to and including Category 5 hurricanes. While Transocean was closely monitoring the forecast, the crew went through a series of operations to ensure that the well was securely plugged, that mechanical barriers were properly installed, and that there would be no loss of well control. 2 In October 2020, Pleasant was working onboard the Asgard as a Senior Subsea Supervisor, with responsibility for maintaining the Blowout Preventor and associated subsea equipment. After Hurricane Zeta’s passage on October 27-28th (during which time the successfully unlatched and rode out the remainder of the storm), Pleasant continued to work without issue until his regular departure date of November 11, 2020. In the fourteen days Pleasant worked on the after Hurricane Zeta, he did not report any accident or injury, nor did he visit the medic. See e.g. Ex. B (Pleasant Depo. at 300:4-7). When Pleasant departed the rig, he signed a departure log specifically answering “No” to the questions asking whether he had sustained any work-related illness or injury during his hitch or witnessed any such injury. Ex. C (Departure Log). C. VER IX EEKS FTER HE NCIDENT LEASANT EPORTS NJURIES OR HE IRST IME ND LAIMS IS MOTIONAL NJURIES RE IED TO HE EEPWATER ORIZON Despite affirmatively reporting that he had not been injured, over six weeks after the incident, Pleasant filed this lawsuit, claiming for the first time he was unable to work in any capacity as a result of his newly-found injuries. Pleasant also asserted various emotional injuries, including recurring nightmares. When questioned about these injuries, Pleasant unequivocally admitted that “all the nightmares and flashbacks [he was having] deal with the Deepwater Horizon.” Id. at 348:12-24 (emphasis added). Q: You said you have nightmares. What are the nightmares of? A: Deepwater Horizon. I – I wake up, you know, I see Dale. Q: So all of the nightmares and flashbacks you have all deal with the Deepwater Horizon? A: Yeah. It’s different, but Dale is the most – most thing that I see a lot of times. Sometimes it just be a fire. You know, sometimes I can wake up talking to Mike, you know, the electrician. It’s different things. Sometimes I see the rig. I saw the rig when it sunk with the guys on it. Pleasant Depo. at 343:12-24 (Nov. 30, 2021). 3 II. ARGUMENT A. ELEASE IS NTERPRETED IKE ANY THER ONTRACT TS NAMBIGUOUS ERMS UST BE NFORCED A release of claims “is subject to the normal rules of contract construction, including the rules of ambiguity.” D.R. Horton-Tex., Ltd. v. Savannah Properties Associates, L.P., 416 S.W.3d 217, 226 (Tex. App.—Fort Worth 2013, no pet.) (internal citation omitted). “An unambiguous contract will be enforced as written.” Id. (internal citation omitted). “Parol evidence may not be introduced to create an ambiguity or to alter the intent of the parties as expressed in the instrument.” Id. (internal citation omitted). Given that “[c]ontract construction is a matter of law for the trial court,” Elliott-Williams Co., Inc. v. Diaz, 9 S.W.3d 801, 803 (Tex. 1999), the scope of a release of claims is properly adjudicated on summary judgment. See MMR Constructors, Inc. v. Dow Chem. Co., 2020 WL 7062325 at *7–8 (Tex. App.—Houston [1st Dist.] Dec. 3, 2020, no pet.) (affirming summary judgment where the “plain language of the release” encompassed plaintiff’s present claims); see also D.R. Horton-Tex., Ltd. 416 S.W.3d at 227-28 (affirming summary judgment where “unambiguous” language of release covered plaintiff’s present claims). B. OURTS AVE OUTINELY NFORCED ELEASES OR NKNOWN OR UTURE AMAGES LAIMS Although a release must mention the claim to be released, it is not necessary “for the parties to anticipate and explicitly identify every potential cause of action relating to the subject matter of the release.” Stafford v. Allstate Life Ins. Co., 175 S.W.3d 537, 540 (Tex. App.—Texarkana 2005, no pet.). Specifically, “[a]lthough releases generally contemplate claims existing at the time of execution, a valid release may also encompass unknown claims and damages that develop in the future.” Id. (emphasis added); see also MMR Constructors 2020 WL 7062325 at *6 (same 4 language); D.R. Horton-Tex., Ltd. 416 S.W.3d at 226 (same language). For example, in Stafford v. Allstate Life Ins. Co. the Texarkana Court of Appeals affirmed summary judgment, holding that plaintiff’s present claims were barred by her prior release. 175 S.W.3d at 537. In Stafford, the plaintiff had entered into a settlement agreement with Allstate Insurance following a car accident. Id. at 537. The settlement agreement included a release which applied to “‘any and all past, present or future claims, . . . whether based on a tort, contract or other theory of recovery, . . . which may hereafter accrue or otherwise be acquired on account of, or in any way growing out of, or which are the subject of the Complaint.’” Id. at 542. Four years after signing the release, plaintiff sued Allstate as a class representative of a purported class of persons who had been involved in certain structured settlements and alleged impropriety. Id. at 540. Allstate moved for summary judgment based on the prior release, which the trial court granted. Id. The Court of Appeals affirmed the summary judgment holding, finding that [l]ike any other agreement, a release is subject to the rules of construction governing contracts, including the tenet that courts will not rewrite agreements to insert provisions parties could have included or to imply restraints for which they have not bargained.” Id. at 541. Although plaintiff attempted to argue that the release was limited “to personal injury claims arising out of the . . . automobile accident,” the Court held: “The release is not limited to particular types of claims that resulted from the accident. Nor is it limited solely to claims that existed at the time the release was executed.” Id. at 542. Because the release covered “all claims, based on any theory of recovery, accruing at any time in the past or future, that grow out of the accident,” the release showed “no intent to be limited in the manner” which plaintiff suggested. Id. “Absent any language of limitation, we cannot supply such a narrow interpretation.” Id. The same result is warranted here. 5 C. ER HE LAIN EXT F LEASANT ETTLEMENT GREEMENT E AS ELEASED LL LAIMS TEMMING ROM HE EEPWATER ORIZON NCLUDING HOSE RIGGERED HE NCIDENT HE SGARD. Here, Pleasant has signed a release which mirrors the language in Stafford. 175 S.W.3d at 542. Specifically, Pleasant’s release unambiguously extinguishes “any and all . . . future claims . . . he may or might have and/or which may hereafter accrue to him, whether known or unknown, foreseen or unforeseen, whether statutory, in contract or in tort … for past, present and/or future damages and all consequences thereof, whether known or unknown, proximate or remote, whether permanent, temporary or residual, including . . . pain and suffering, mental suffering, pain and anguish . . . and any and all other damages or other items of possible recovery . . . and all other rights whatsoever in any way directly or indirectly arising out of, related to, resulting from or to result from the Horizon incident.” Ex. A (Release, p. 2). As Mr. Pleasant reaffirms later in his settlement agreement, Transocean “shall have no further exposure or liability to [him] whatsoever, directly or indirectly, as a result of the Horizon incident.” Id. Consequently, any of Pleasant’s current emotional injuries which “in any way directly or indirectly” arise out of, relate to, or result from the Deepwater Horizon are barred. III. CONCLUSION The Court should enforce the plain terms of the Release signed by Plaintiff Christopher Pleasant, and enter judgment as a matter of law that he has released all his claims for past, present, and future damages directly or indirectly arising out of, related to, or resulting from the 2010 Deepwater Horizon incident. 6 Respectfully submitted, /s/ Timothy W. Strickland EAN ILLER LLP Timothy W. Strickland State Bar No. 19396298 Tim.Strickland@keanmiller.com OGAN OVELLS US LLP Gary E. Alfred State Bar No. 24011214 Bruce D. Oakley Gary.Alfred@keanmiller.com State Bar No. 15156900 Linda Broocks Bruce.Oakley@hoganlovells.com State Bar No. 03059100 S. Lee Whitesell Linda.Broocks@keanmiller.com State Bar No. 24093356 Stacey T. Norstrud Lee.Whitesell@hoganlovells.com State Bar No. 24023563 Chloe Warnberg Stacey.Norstrud@keanmiller.com State Bar No. 24131741 Farnaz Alms Chloe.Warnberg@hoganlovells.com State Bar No. 24110625 609 Main Street, Suite 4200 Farnaz.Alms@keanmiller.com Houston, TX 77002 711 Louisiana Street Tel: (713) 632-1400 Suite 1800 South Tower Houston, Fax: (713) 632-1401 Texas 77002 Tel: (713) 844-3000 HMAD AVITSANOS ENSING Fax: (713) 844-3030 Daryl Moore Tod J. Everage State Bar No. 14324720 State Bar No. 24108674 dmoore@azalaw.com Tod.Everage@keanmiller.com Shahmeer Halepota First Bank & Trust Tower State Bar No. 24109968 909 Poydras Street, Suite 3600 shalepota@azalaw.com New Orleans, Louisiana 70112 Tel: (713) 655-1101 Tel: (504) 585-3050 Fax: (713) 655-0062 Fax: (504) 582-3051 Laura F. Dumas State Bar No. 24103763 Laura.Dumas@keanmiller.com 1400 Woodloch Forest Drive, Suite 400 The Woodlands, Texas 77380 Tel: (832) 481-2933 Fax: (888) 781-0162 Counsel for Transocean and Triton Parties 7 CERTIFICATE OF SERVICE I certify that on October 12, 2023, the foregoing motion was served by on all counsel of record counsel of record via e-service. /s/ Timothy W. Strickland Timothy W. Strickland 8