Preview
FILED
9/18/2023 10:14 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
CAUSE NO. DC-21-09308
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
IN THE DISTRICT COURT OF
Vv. DALLAS COUNTY, TEXAS
192ND JUDICIAL DISTRICT
ATMOS ENERGY CORPORATION
and BOBCAT CONTRACTING, LLC
TAMMY BOEHLER, Individually and as
Representative of the Estate of ETHAN
KNIGHT, and CLAY BOEHLER
Vv.
ATMOS ENERGY CORPORATION and
FESCO, LTD.
MICHAEL GLOVER
Vv.
ATMOS ENERGY CORPORATION and
BOBCAT CONTRACTING, LLC
DEFENDANT ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION
AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D.
Almost two years ago, in December 2021, the Tarver Plaintiffs’ counsel hired George
Glass, M.D. (“Dr. Glass”) to evaluate Plaintiff Melissa Tarver. Dr. Glass signed reports in 2022
concerning each of the adult Tarver Plaintiffs; each report states that Dr. Glass “was asked by
[counsel for the Tarver Plaintiffs]” to evaluate each of the Tarver Plaintiffs and “put [his] opinions
into areport.” App. at 15,21, 25 (Ex. 1, Glass Reports at 3, 9, 13). Notations on two of the reports
indicate that these reports were transmitted via email to counsel for the Tarver Plaintiffs in
November 2022. /d. Yet the Tarver Plaintiffs failed to disclose Dr. Glass as a retained expert
ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION
AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE 1
witness on the deadline, instead designating him as a “non-retained” expert and failing to disclose
documents reflecting his opinions. Atmos learned of the 2022 reports only because Dr. Glass’s
medical records custodian provided them—after the Tarver Plaintiffs’ expert disclosure
deadline—in response to a non-party subpoena served by Atmos. Because the Tarver Plaintiffs
failed to properly designate Dr. Glass and disclose his opinions by the Plaintiffs’ expert designation
deadline, Atmos respectfully asks for the Court to strike the designation of Dr. Glass and prohibit
Dr. Glass from testifying at trial. Alternatively, should Dr. Glass be allowed to testify, Atmos asks
the Court to allow Atmos to designate a counter-expert to rebut the opinions of Dr. Glass.
BACKGROUND
Over a year and a half ago, long after counsel to the Tarver Plaintiffs engaged Dr. Glass,
Atmos served discovery requests on the Tarver Plaintiffs, which included requests for “[c]ertified
copies of any and all documents prepared by any person who examined or treated [the Tarver
Plaintiffs] in connection with the injuries complained of in the Petition” and “[c]ertified copies of
any and all documents prepared by any person, physician, or health care provider who examined
or treated [the Tarver Plaintiffs] after the Incident.” App. at 30 (Ex. 2, Atmos’s First Req. for
Produc. at 3). In their initial responses to these requests on March 21, 2022, the Tarver Plaintiffs
did not provide any responsive records or information regarding treating physicians or other
medical providers. App. at 49 (Ex. 3, Tarver P1.’s Obj. and Resp. to Atmos’s First RFPs at 3). In
their initial disclosures, served more than a year after their petition, and when they supplemented
their responses to Atmos’s initial requests a year later, on March 3, 2023, the Tarver Plaintiffs
identified Dr. Glass as a psychiatrist for Melissa Tarver and did not provide any further documents
or information. App. at 86 (Ex. 4, Tarver PI.’s Initial Disclosures at 10); App. at 91 (Ex. 5, Tarver
Pl.’s First Suppl. Obj. and Resp. to Atmos’s First RFPs at 3).
ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION
AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE 2
In response to the Tarver Plaintiffs’ disclosure of Dr. Glass as a treating physician for
Melissa Tarver, Atmos sought medical authorization forms for the Tarver Plaintiffs so that it could
obtain medical records from Dr. Glass and other identified medical providers. Atmos had first
requested these authorizations in its First Requests for Production served on March 2, 2022. App.
at 30 (Ex. 2, Atmos’s First Req. for Produc. at 3). Atmos once again requested signed copies of
the medical authorization form for all of the Tarver Plaintiffs via email on July 14, 2022, and over
the course of the next eight months, Atmos again requested the forms via email thirteen times.
App. at 121 (Ex. 6, Excerpt from J. Pulliam Letter to B. Agosto) The Tarver Plaintiffs knew that
Atmos sought these forms for the purposes of obtaining medical records from Dr. Glass, yet they
did not indicate that they had retained him, nor did they indicate that they possessed evaluations
and reports authored by him. Counsel did not provide an authorization form for Melissa Tarver
until April 28, 2023, and did not provide an authorization form for the remaining Tarver Plaintiffs
until June 21, 2023. App. at 123 (Ex. 7) & App. at 125 (Ex. 8).
On June 6, 2023, the deadline for the Tarver Plaintiffs to disclose expert witnesses, the
Tarver Plaintiffs designated Dr. Glass as a non-retained testifying expert witness, describing Dr.
Glass as a “psychiatrist providing treatment to Melissa Tarver, Debbie Tarver, and Randy Tarver.”
App. at 139 (Ex. 9, Tarver Pl.’s Designation of Expert Witnesses at 13). At the time, the Tarver
Plaintiffs did not disclose any opinions of Dr. Glass. Rather, the Tarver Plaintiffs disclosed only
that they might call Dr. Glass (as well as two other counselors) to testify about “the consequences
of Deric Tarver’s death, including mental pain and suffering, physical restrictions, vocation
restrictions, diagnosis, and the reasonable costs and need for medical care in the past or future.”
Id. But the disclosure did not provide “the general substance of the expert’s mental impressions
and opinions and a brief summary of the basis for them,” as is required for retained expert
ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION
AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE 3
witnesses. TEx. R. Civ. P. 195.5(a)(3). Nor did the Tarver Plaintiffs provide, as is required “if
the expert is not retained by, employed by, or otherwise subject to the control of the responding
party, documents reflecting such information.” /d. The Tarver Plaintiffs also did not otherwise
comply with the requirements of Rule 195.5(a)(4) for retained testifying experts. Later that month,
the Court held a scheduling conference in which the Tarver Plaintiffs sought a jury trial to be set
in November 2023. They did not inform the Court or Defendants at that time that they had obtained
undisclosed reports from Dr. Glass.
On June 8, 2023, Atmos served a notice of subpoena for Dr. Glass’s records concerning
the Tarver Plaintiffs on all parties. App. at 144 (Ex. 10, Notice of Subpoena for George Glass,
M.D.). Over the course of two months, at considerable expense, Atmos attempted on seven
occasions to serve Dr. Glass with a subpoena to obtain records. App. at 160-62 (Ex. 11). After
considerable delay and additional payment to obtain the records, Dr. Glass’s medical records
custodian sent the records via FedEx to Atmos Energy on August 9, 2023—over two months after
the Tarver Plaintiffs’ expert designation deadline.
The records provided by Dr. Glass’s office showed that counsel for the Tarver Plaintiffs
first retained Dr. Glass in December 2021 for a $500/hour fee to evaluate Melissa Tarver, App. at
13 (Ex. 1, Glass Reports at 1), and that Dr. Glass subsequently authored signed reports concerning
each of the Tarver Plaintiffs, signed many months before the June 2023 deadline for Plaintiff to
designate experts. Dr. Glass signed the report concerning Melissa Tarver on November 16, 2022,
signed the report for Randy Tarver on November 21, 2022, and signed the report for Debbie Tarver
on November 22, 2022. App. at 15, 21, 25 (Ex. 1 at 3, 9, 13). Each report states at the beginning
that Dr. Glass “was asked by [counsel for the Tarver Plaintiffs]” to evaluate the Tarver Plaintiffs
and “put [his] opinion into a report”. /d.
ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION
AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE 4
On August 17, 2023, Atmos and the Tarver Plaintiffs met and conferred via phone
regarding the untimely and improper disclosure of Dr. Glass. During this call, counsel for the
Tarver Plaintiffs maintained that Dr. Glass was a non-retained testifying expert and that they had
no duty to disclose his opinions or reports.
To preserve its rights in light of the approaching deadline for the close of discovery, on
August 28, 2023, Atmos asked the Tarver Plaintiffs whether Atmos needed to subpoena Dr.
Glass’s deposition or whether the Tarver Plaintiffs planned to present him. On September 1, 2023,
counsel for the Tarver Plaintiffs replied that they would present Dr. Glass for deposition, which is
the customary procedure if the expert has been retained. App. at 164 (Ex. 12).
On September 1, 2023, Atmos served additional discovery requests on the Tarver Plaintiffs,
which requested that they provide “any and all communications” between counsel for the Tarver
Plaintiffs and Dr. Glass concerning the evaluations and reports regarding Melissa, Randy, and
Debbie Tarver. App. at 169 (Ex. 13, Atmos’s Second Req. for Produc. to Tarver Pl.’s at 3). On
September 8, 2023, in response to these requests, the Tarver Plaintiffs served the same reports and
medical records that Atmos had already obtained from Dr. Glass’s office via non-party subpoena.
App. at 172 (Ex. 14).
LEGAL STANDARD
A failure to properly disclose a testifying expert’s opinions triggers the automatic exclusion
sanctions of Rule 193.6 absent a showing of good cause or lack of surprise or prejudice. TEX. R.
Civ. P. 193.6; Sheen v. Sheen, No. 03-18-00358-CV, 2019 Tex. App. LEXIS 5174, at *6 (Tex.
App.—Austin, June 21, 2019, no pet.) (affirming trial court’s exclusion of physician’s testimony
because plaintiff failed to disclose physician’s opinions during discovery); Villegas v. Tex. Dep’t
of Transp. & Rekca, Inc., 120 S.W.3d 26, 35 (Tex. App.—San Antonio 2003, pet. denied)
ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION
AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE 5
(affirming trial court’s exclusion of expert’s testimony where plaintiffs untimely disclosed
materials supporting expert’s opinion). The burden of establishing good cause or the lack of unfair
surprise or unfair prejudice is on the party seeking to introduce the expert’s testimony, and a
finding of good cause or of the lack of unfair surprise or unfair prejudice must be supported by the
record. TEX. R. CIv. P. 193.6.
ARGUMENT & AUTHORITY
Because Dr. Glass was retained by counsel for the Tarver Plaintiffs to evaluate and write
reports concerning Melissa, Debbie, and Randy Tarver, the Tarver Plaintiffs were required to
provide all documents and reports relied on or prepared by Dr. Glass at the June 6, 2023 expert
designation deadline and without awaiting a discovery request. See TEX. R. Civ. P. 195.5(a)(4).
Furthermore, for all experts, the Tarver Plaintiffs were required to provide either the substance of
the expert’s opinions and a brief summary of the basis for them (for retained experts) or documents
reflecting that information (for non-retained experts) in their June 6 designation. But Atmos did
not receive Dr. Glass’s reports until over two months later on August 9, 2023, after expending
onsiderable time, effort, and resources by serving a non-party subpoena. The Tarver Plaintiffs
failed to comply with the requirements of the Rules, and Atmos accordingly moves to strike the
Tarver Plaintiffs’ designation of Dr. Glass and prevent the Tarver Plaintiffs from calling Dr. Glass
to provide expert testimony at trial. See TEX. R. Clv. P. 193.6(a).
A. The Court should strike the opinions of Dr. Glass because he was not properly
designated and his opinions were not timely disclosed.
The records produced in this case make clear that Dr. Glass was retained by the Tarver
Plaintiffs’ counsel to provide expert opinions. See Ex. 1, Glass Reports. Dr. Glass signed reports
teflecting his opinions months before Plaintiffs’ expert designation deadline. Yet the Tarver
Plaintiffs failed to disclose those reports, in violation of either Rule 195.5(a)(3) for non-retained
ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION
AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE 6
experts or Rule 195.5(a)(4) for retained experts. This failure renders his testimony inadmissible.
See TEX. R. Civ. P. 193.6(a); OIC Holdings, LLC v. Gleason, No. 05-18-00029-CV, 2019 Tex.
App. LEXIS 3863, at *20 (Tex. App.—Dallas May 14, 2019, no pet.) (holding trial court abused
discretion by allowing testimony of untimely designated expert witness on attorneys’ fees,
reversing award of attorneys’ fees, and rendering take-nothing judgment on attorneys’ fees claim).
The disclosure rule applies to treating physicians, and a reliance on medical records, in lieu of
disclosing the expert’s mental impressions and opinions, is an improper designation under the
Rules. Cirlos v. Gonzalez, No. 04-02-00095-CV, 2002 Tex. App. LEXIS 7712, at *4 (Tex. App.—
San Antonio, Oct. 30, 2002, pet. denied) (affirming trial court’s exclusion of expert’s testimony
where plaintiff had designated treating physician as a non-retained testifying expert and did not
disclose physician’s mental impressions and opinions or attach a brief summary of his impressions
or opinions, instead citing only the medical records).
Here, the Tarver Plaintiffs did not have good cause to fail to designate Dr. Glass as a
retained, testifying expert witness or to disclose his opinions or the documents reflecting them.
“The good cause exception allows a trial judge to excuse a party’s failure to comply with discovery
obligations in difficult or impossible circumstances. Inadvertence, lack of surprise, or the
uniqueness of the offered evidence do not constitute good cause.” OJC Holdings, 2019 Tex. App.
LEXIS 3863, at *21. Records obtained from Dr. Glass state that counsel for the Tarver Plaintiffs
retained Dr. Glass in December 2021 and that his reports were furnished to counsel by November
2022, a full seven months before the Plaintiffs’ expert designation deadline. App. at 13, 21, 25
(Ex. 1, Glass Reports at 1, 9, 13). There is no good cause for the Tarver Plaintiffs’ counsel’s
withholding of these reports and failure to disclose Dr. Glass’s opinions.
ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION
AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE7
Nor can the Tarver Plaintiffs show a lack of unfair surprise or unfair prejudice. As a result
of the Tarver Plaintiffs’ failure to comply with the disclosure requirements of Rule 195.5(a),
Atmos was not able to engage an expert to evaluate Dr. Glass’s reports before the Defendants’
expert designation deadline on July 14, 2023. This has unfairly prejudiced Atmos in its efforts to
adequately prepare for trial.
In the alternative, and at the very least, Atmos should be given the opportunity to designate
an expert to provide opinions responsive to those of Dr. Glass’s.
B. The Tarver Plaintiffs’ counsel abused the discovery process by improperly
designating Dr. Glass, which caused additional unfair prejudice to Atmos.
The Tarver Plaintiffs’ improper designation of Dr. Glass as a non-retained testifying expert
was an abuse of the discovery process that caused Atmos to expend considerable time, effort, and
resources by serving a non-party subpoena to obtain records that should have been provided by
the Tarver Plaintiffs at the expert designation deadline. Despite knowing that Atmos was making
a considerable effort to obtain medical authorizations for the Tarver Plaintiffs and records from
Dr. Glass, the Tarver Plaintiffs withheld records and evaluations that Atmos was entitled to due to
Dr. Glass’s actual status as a retained expert witness. Atmos has incurred significant costs in its
efforts to obtain expert reports and supporting materials that should have been provided by the
Tarver Plaintiffs in accordance with the discovery schedule set forth by the Court.
CONCLUSION
The Tarver Plaintiffs’ counsel retained Dr. Glass to provide expert reports, then failed to
produce them. This failure cannot be remedied by calling Dr. Glass a “non-retained” expert: he
is retained, and in any event, the reports should have been produced as documents reflecting the
substance of his mental impressions and opinions. Atmos respectfully asks that the Court strike
the improper designation of Dr. Glass as a non-retained expert witness and prohibit Dr. Glass from
ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION
AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE 8
testifying at trial. To the extent that Dr. Glass is permitted to testify and offer expert testimony
despite the Tarver Plaintiffs’ improper designations, Atmos seeks leave to designate a counter-
expert to rebut the opinions of Dr. Glass. Atmos also prays for all other relief to which it may be
entitled.
ATMOS ENERGY’S MOTION TO STRIKE IMPROPER D) NATION
AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE 9
DATED: September 18, 2023 Respectfully submitted,
/s/ Jessica B. Pulliam
Jessica B. Pulliam
State Bar No. 24037309
Susan Cannon Kennedy
State Bar No. 24051663
BAKER BOTTS L.L.P.
2001 Ross Avenue, Suite 1100
Dallas, Texas 75201
Telephone: 214-953-6500
Fax: 214-953-6503
jessica.pulliam@bakerbotts.com
susan.kennedy@bakerbotts.com
G. Bruce Parkerson
State Bar No. 00793106
PLAUCHE MASELLI PARKERSON LLP
701 Poydras St., Suite 3800
New Orleans, Louisiana 70139
Telephone: (504) 582-1142
Facsimile: (504) 582-1172
bparkerson@pmpllp.com
ATTORNEYS FOR DEFENDANT
ATMOS ENERGY CORPORATION
CERTIFICATE OF SERVICE
Thereby certify that on the 18th day of September, 2023, a copy of the foregoing was served
via electronic email to all counsel of record.
ds/ Jessica B. Pulliam
Jessica B. Pulliam
ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION
AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE 10
CERTIFICATE OF CONFERENCE
Counsel for movant and counsel for respondent have personally conducted a conference at
which there was a substantive discussion of every item presented to the Court in this motion and
despite best efforts the counsel have not been able to resolve those matters presented.
Certified to the 18th day of September 2023.
/s/ Jessica B. Pulliam
Jessica B. Pulliam
ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION
AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. — PAGE 11
EXHIBIT 1
Atmos Energy's Motion to Strike - Page 12
GEORGE S GLASS, M.D.
4550 Post Oak Place #120 Patient:
Houston, TX 77027 Melissa Tarver
(713)666-9811
Bill To: STATEMENT
Benny Agosto
Abraham Watkins
800 Commerce St
Houston, TX 77002
Acc Num: MCN
Bill as of : Aug 31, 2023
Date Transaction CPT Code Diagnosis Check No. Total Amounts
Previous Balance $0.00
12/22/2021 Patient Assessment 2 hr 90885 $1,000.00
12/22/2021 Report Prep 2 hr. 90887 $1,000.00
1/11/2022 Patient Assessment thr 90791 $450.00
1/17/2022 Report Prep 1 hr 90887 $450.00
2/1/2022 Patient Assessment 1hr 90791 $450.00
3/3/2022 Patient Assessment 1hr 90791 $450.00
47/2022 Patient Assessment 1hr 90791 $500.00
5/5/2022 Late Cancel 99999 $500.00
5/9/2022 Payment - Benny Agosto 125519 ($4,300.00)
5/11/2022 Patient Assessment 1hr 90791 $500.00
5/25/2022 Patient Assessment 1hr 10791 $500.00
6/28/2022 Patient Assessment 1hr 90791 $500.00
TIN3/2022 Payment - Benny Agosto 126509 ($2,000.00)
9/28/2022 Patient Assessment 1hr 90791 $500.00
10/25/2022 Patient Assessment 1hr 90791 $500.00
11/15/2022 Payment - Benny Agosto 130081 ($1,000.00)
11/22/2022 Patient Assessment 1hr 90791 $500.00
1/4/2023 Payment - Benny Agosto 131249 ($500.00)
GEORGE S GLASS, M.D.
License Number: E3285
Tax Id: 741993145
NPI: 1619030228
Atmos Energy's Motion to Strike - Page 13
GEORGE S GLASS, M.D.
4550 Post Oak Place #120 Patient:
Houston, TX 77027 Melissa Tarver
(713)666-9811
Bill To: STATEMENT
Benny Agosto
Abraham Watkins
800 Commerce St
Houston, TX 77002
Acc Num: MCN
Bill as of : Aug 31, 2023
Date Transaction CPT Code Diagnosis Check No. Total Amounts
8/1/2023 Record Request 80098 $300.00
8/4/2023 Payment - Melissa Tarver 1247588 ($300.00)
Baker Botts
$0.00
Please Pay this Amount: $0.00
Insert Patient ID or Group# for Insurance Purposes.
GEORGE S GLASS, M.D.
License Number: E3285
Tax Id: 741993145
NPI: 1619030228
Atmos Energy's Motion to Strike - Page 14
GEORGE S. GLASS, M.D., P.A.
November 16, 2022 General Psychiatry
RE: Melissa Tarver
Reason for Referral
Iwas asked by Benny Agosto, of “Abraham, Watkins, Nichols, Agosto, Aziz, and Stogner, Lip”
to do a Psychiatric Evaluation on Melissa Tarver, a 33-year-old working mother of two whose
husband, Derek, was killed in a pipeline explosion on June 28, 202]
Mr. Agosto asked that after I interview her, which I did
on December 22, 2021, January 11, February 1, March 3, April 7, May 7, May 11, May 25, June
28, September 28, and October 25, 2022, to determine if her psychiatric symptoms rose to the level
of a DSM 5 diagnosis, if so what that diagnosis was, initiate treatment if I thought that was
indicated, and them put my opinions into a report.
My Qualifications to make this report
My name is George S. Glass. I am a Medical Doctor licensed to practice medicine in the State
of Texas. I have practiced Psychiatry in Harris County, Texas for 45 years.
I graduated from Swarthmore College, Swarthmore, Pennsylvania with a B.A. in Psychology
in 1963, and graduated from Northwestern Medical School in Chicago, Ilinois with an M_D. in
1967. I completed a Straight Medical Internships at Kings County Hospital, Brooklyn, New York
in 1967 and did a Psychiatric Post Doctoral Fellowship at the Yale University Medical School
Department of Psychiatry from July 1968 through July 1971.
I was 4 Lieutenant Commander and Staff Psychiatrist at the Bethesda Naval Hospital from July
1971-June 1973, where I helped set up the Navy’s Alcohol Treatment Program. I was an
Assistance Professor of Psychiatry at the University of Texas Medical Hospital School in Houston
from 1974 through 1978 and then was promoted to a Clinical Associate Professor of Psychiatry. I
have been a Clinical Associate Professor at the Baylor College of Medicine since the mid 1980's,
as well as at the Cornell-Weill Médical Program at the Methodist Hospital in Houston. I was Board
Certified by the American Board of Psychiatry and Neurology in 1976, and Board Certified by the
American Medical Society on Alcoholism and Other Drug Dependencies in 1986. I have been a
Fellow of the American Psychiatric Association (APA) since 1987, and a Distinguished Life
Fellow since 2003. I was the State Chairman for what is now the American Board of Addiction
Medicine, from 1975 through 1987 and a member since then. Additionally, I am a Founding
Member of the American Academy of Psychiatrists in Alcoholism and Addictions (AAPAA) as
well as a Charter Member of the American Academy of Organizational Psychiatry (AAOP)
Certified American Board of Psychiatry and Neuralogy
Distinguished Life Fellow, American Psychiatric Association
Certified, American Medical Society on Alcoholism and Other Drug Dependencies
4550 POST OAK PLACE, SUITE 120, HOUSTON, TEXAS 77027, 713-666-9811, FAX 713-627-3488,
Atmos Energy's Motion to Strike - Page 15
g Committee for seven
I served on the Harris County Medical Society’s Phy, cian Counselin
for the Houston Psychiatric
years and was the Chairman for four years. Additionally, I was Liaison
Society in the mid 1980’s, and on the Public Affairs
Society with the Harris County Medical
the Forensic Psychiatri c Committee of the Texas Society of Psychiatric
Committee, and
Physicians.
an d 2 books. I have been engaged
I have authored more than fifteen professional publications
s. | was working as a practicing
in the practice of Psychiatry in Houston, Texas for over 45 year:
psychiatrist in 2021 through the present when thi events
involved in this lawsuit occurred, as well
as now when this report is made
ionologist allow me to serve as an
I believe that my experience as a Psychiatrist and an Addict
expert in this case. My C.V. is attached to this report and is i ncorporated by reference. My opinions
11 ity
are based on a reasonable degree of medical probabi
a Tarver.
This report is based on information provided to me regarding Meliss
Current Problem
Atmos Energy's Motion to Strike - Page 16
Past Hist
Atmos Ener 's Motion to Strike - Page 17
Mental Status Ex: ti
Medical Opinion and Recommendations
Atmos Energy's Motion to Strike - Page 18
any
Thank you for ghis interesting referral and please feel free to contact me should you have
further comments or questions.
Yours truly, [
/
George S. Glass, M.D
Distinguished Life Fellow, American Psychiatric Association
Certified, American Board of Psychiatry and Neurology
Certified, American Medical Society on Alcoholism and Other Drug Dependencies
Atmos Energy's Motion to Strike - Page 19
GEORGE S GLASS, M.D.
4550 Post Oak Place #120 Patient:
Houston, TX 77027 Randy Tarver
(713)666-9811
Bill To: STATEMENT
Mo Aziz
Abraham Watkins
800 Commerce St
Houston, TX 77002
Acc Num: MJQ
Bill as of : Aug 31, 2023
Date Transaction CPT Code Diagnosis Check No. Total Amounts
Previous Balance $0.00
11/17/2022 Patient Assessment 2 hr 90885 $1,000.00
11/17/2022 Report Prep 2 hr. 90887 $1,000.00
2/10/2023 Payment - Mo Aziz 132189 ($2,000.00)
8/1/2023 Record Request 80098 $300.00
8/4/2023 Payment - Randy Tarver 1247588 ($300.00)
Baker Botts
$0.00
Please Pay this Amount; $0.00
Insert Patient ID or Group# for Insurance Purposes
GEORGE S GLASS, M.D.
License Number: E3285
Tax Id: 741993145
NPI: 1619030228
Atmos Energy's Motion to Strike - Page 20
&2 — ee
oe
GEORGE S. GLASS M._D., P.A.
November 21, 2022 General Psychiatry
RE: Randy Tarver
Reason for Referral
I was asked by Benny Agosto of “Abraham, Watkins, Nichols, Agosto, Aziz, and Stogner, LLP”
oil field
to do a Psychiatric Evaluation on Randy Tarver. Mr. Tarver is a 66-year-old VP of an
on June
services company, where his son Derek was working when he was killed in an explosion
evaluate
28, 2021. Since that time Mr. Tarver has been quite depressed and Mr. Agosto asked me to
that was
him, determine the extent of the psychiatric symptoms, recommend treatment if I thought
indicated, and then put my opinions into a report.
Current Problem
Certified Ai rican chiatr
D Li Fell Assi
ertified, Ame n MedicalSi na ig De ies
4550 POST OAK PLACE, SUITE 120 HOUSTON, TE: 702 , FAX 713-627-3488
Atmos Energy's Motion to Strike - Page 21
Past History
Mental Status Examination
and Recommendations
Medical Opinion
Atmos Energy's Motion to Strike - Page 22
any
Thank you for this interesting referral and please feel free to contact me should you have
further comments or questions.
Yours truly,
/f f ft
George'$ f Glass
Distinguished Life Fellow, American Psychiatric Association
Certified, American Board of Psychiatry and Neurology
Certified, American Medical Society on Alcoholism and Other Drug Dependencies
Atmos Energy's Motion to Strike - Page 23
GEORGE S GLASS, M.D.
4550 Post Oak Place #120 Patient:
Houston, TX 77027 Debbie Tarver
(713)666-9811
Bill To: STATEMENT
Benny Agosto
Abraham Watkins
800 Commerce St
Houston, TX 77002
Acc Num: MJR
Bill as of : Aug 31, 2023
Date Transaction CPT Code Diagnosis Check No. Total Amounts
Previous Balance $0.00
11/16/2022 Patient Assessment 2 hr 90885 $1,000.00
11/16/2022 Report Prep 2 hr. 90887 $1,000.00
1/4/2023 Payment - Benny Agosto 131248 ($2,000.00)
8/1/2023 Record Request 80098 $300.00
8/4/2023 Payment - Debbie Tarver 1247588 ($300.00)
‘aker Botts
$0.00
Please Pay this Amount: $0.00
insert Patient ID or Group# for Insurance Purposes.
GEORGE S GLASS, M.D.
License Number: E3285
Tax Id: 741993145
NPI: 1619030228
Atmos Energy's Motion to Strike - Page 24
November 22, 2022 General Psychiatry
RE: Debbie Tarver
Reason for Referral
I was asked by Benny Agosto of “Abraham Watkins, Nichols, Agosto, Aziz, and Stogner, Lip.”
to do a Psychiatric evaluation on Debbie Tarver. Ms. Tarver is a 64-year-old married mother of
three sons, whose youngest son, Derek, was killed in an oil field explosion on June 28, 2021. Since
that time, she has been depressed and had a number of psychiatric symptoms so Mr. Agosto asked
that I evaluate her, determine if her symptoms rose to the level of a DSM 5 diagnosis, recommend
treatment if that was indicated, and then put my opinions into a report.
Current Problem
ol
41
smer Med > dD
4550 POST OAK — 120, HOUSTON. AX
Atmos Energy's Motion to Strike - Page 25
Past History
Mental Status Examination
Medici 10} tion
Thank you for this interesting referral and please el free to contact me should you have any
further comments or questions.
Yours truly, A
George S. GI MD
Di guished Life Fellow, American Psychiatrie. A jation
Certified, Ameri sychioti jeurology
“ ert erican Med ug
Atmos Energy's Motion to Strike - Page 26
EXHIBIT 2
Atmos Energy's Motion to Strike - Page 27
CAUSE NO. DC-21-09308
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 IN THE DISTRICT COURT OF
Plaintiffs, DALLAS COUNTY, TEXAS
192 JUDICIAL DISTRICT
Vv
ATMOS ENERGY CORPORATION
and BOBCAT CONTRACTING, LLC
Defendants.
TAMMY BOEHLER, Individually and as
Representative of the Estate of ETHAN
KNIGHT, and CLAY BOEHLER
Plaintiffs,
v.
ATMOS ENERGY CORPORATION and
FESCO, LTD.,
Defendants
FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO
THE TARVER PLAINTIFFS
Pursuant to Texas Rule of Civil Procedure 196.1, Atmos requests that 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 (collectively, “You” or the “Tarver
Plaintiffs”) produce documents in response to the following requests at Baker Botts L.L.P., 2001
Ross Avenue, Suite 900, Dallas, Texas 75201, addressed to the attention of Susan Kennedy,
within thirty days of the date of service of this request.
DEFINITIONS
1 The term “person” means any natural person or any legal entity, including,
without limitation, any business or governmental entity or association.
2. The term “document” is defined to be synonymous in meaning and equal in scope
1
Atmos Energy's Motion to Strike - Page 28
to the usage of the term “documents and tangible things” in Texas Rule of Civil Procedure
192.3(b), including but not limited to papers, books, accounts, drawings, graphs, charts,
photographs, electronic or videotape recordings, data, and data compilations. “Documents”
includes electronic data as described in Rule 196.4. A draft or non-identical copy is a separate
document within the meaning of this term.
3 “You” refers to Plaintiffs Melissa Tarver, Individually and as Representative of
the Estate of Deric Tarver, and as next friend of B.T. and K.T., Minors; B.T. and K.T.; Randy
Tarver, and Debbie Tarver.
4 “Deric Tarver” or “Mr. Tarver” refers to the deceased husband of Plaintiff
Melissa Tarver.
5 The “Incident” refers to the incident that occurred on June 28, 2021, near
Farmersville Texas, referred to in Your Petition.
6. The “Petition” refers Plaintiffs’ Original Petition filed on July 16, 2021, in Cause
No. DC-21-09308 in Dallas County District Court.
7
“Bobcat” refers to Defendant Bobcat Contracting, LLC.
8 “Fesco” refers to Defendant Fesco, Ltd.
9 The “Site” refers to the location where the Incident occurred as described in your
Petition, i.e., “the Atmos Energy Facility located in the 14000 block of FM 2756, Farmersville,
Texas.”
10. “Boehler Plaintiffs” refers to Tammy Boehler, Individually and as Representative
of the Estate of Ethan Knight; and Clay Boehler.
2
Atmos Energy's Motion to Strike - Page 29
REQUESTS FOR PRODUCTION OF DOCUMENTS
REQUEST FOR PRODUCTION NO. 1:
Certified copies of any and all documents prepared by any person who examined or
treated You or Deric Tarver in connection with the injuries complained of in the Petition.
REQUEST FOR PRODUCTION NO. 2:
The signed original of the attached medical records authorization form.
REQUEST FOR PRODUCTION NO. 3:
Certified copies of any and all documents prepared by any person, physician, or health
care provider who examined or treated You after the Incident.
REQUEST FOR PRODUCTION NO. 4:
All documents relating to Your damages claims as listed in the Petition, to the extent not
otherwise produced in response to other Requests for Production.
REQUEST FOR PRODUCTION NO. 5:
The signed originals of the attached tax information release Form No. 4506 for the years
2016, 2017, 2018, 2019, and 2020.
REQUEST FOR PRODUCTION NO. 6:
Your federal income tax returns from 2013 through the present.
REQUEST FOR PRODUCTION NO. 7:
The signed original of the attached Social Security authorization form.
REQUEST FOR PRODUCTION NO. 8:
The signed original of the attached employment records authorization form.
REQUEST FOR PRODUCTION NO. 9:
All documents concerning Mr. Tarver’s employment history.
3
Atmos Energy's Motion to Strike - Page 30
REQUEST FOR PRODUCTION NO. 10:
All documents concerning Mr. Tarver’s academic history.
REQUEST FOR PRODUCTION NO. 11:
All documents concerning Mr. Tarver’s income.
REQUEST FOR PRODUCTION NO. 12:
All documents concerning or supporting Your claim of “mental anguish, past and future,”
as alleged on page 8 of the Petition.
REQUEST FOR PRODUCTION NO. 13:
All documents concerning or supporting Your claim of “medical expenses, past and
future,” as alleged on page 8 of the Petition.
REQUEST FOR PRODUCTION NO. 14:
All documents concerning or supporting Your claim of “loss of consortium,” as alleged
on page 8 of the Petition.
REQUEST FOR PRODUCTION NO. 15:
All documents concerning or supporting Your claim of “loss of companionship” and
society, as alleged on page 8 of the Petition.
REQUEST FOR PRODUCTION NO. 16:
All documents concerning or supporting Your claim of “loss of inheritance,” as alleged
on page 8 of the Petition.
REQUEST FOR PRODUCTION NO. 17:
All documents concerning or supporting Your claim for “lost wages,” as alleged on page
8 of the Petition.
4
Atmos Energy's Motion to Strike - Page 31
REQUEST FOR PRODUCTION NO. 18:
All documents concerning or supporting Your claim for “loss of future earning capacity,”
as alleged on page 8 of the Petition.
REQUEST FOR PRODUCTION NO. 19:
All documents concerning or supporting Your claim for “pre-death physical pain and
suffering,” as alleged on page 8 of the Petition.
REQUEST FOR PRODUCTION NO. 20:
All documents concerning or supporting Your claim for “punitive damages.”
REQUEST FOR PRODUCTION NO. 21:
All documents concerning Mr. Tarver’s licenses or certifications.
REQUEST FOR PRODUCTION NO. 22:
All documents concerning Mr. Tarver’s education, specialized training, certifications, or
experience on natural gas pipelines.
REQUEST FOR PRODUCTION NO. 23:
All documents concerning Mr. Tarver’s education, specialized training, certifications, or
experience in natural gas pigging operations.
REQUEST FOR PRODUCTION NO. 24:
All documents concerning Mr. Tarver’s education, specialized training, certifications, or
experience in flaring operations.
REQUEST FOR PRODUCTION NO. 25:
All documents concerning Mr. Tarver’s work, services, or other activities on natural gas
pipelines.
5
Atmos Energy's Motion to Strike - Page 32
REQUEST FOR PRODUCTION NO. 26:
All documents concerning Mr. Tarver’s work, services, or other activities on natural gas
pigging operations.
REQUEST FOR PRODUCTION NO. 27:
All documents concerning or supporting, Mr. Tarver’s work, services, or other activities
on flaring operations.
REQUEST FOR PRODUCTION NO. 28:
All documents concerning Fesco’s practices, policies, or procedures, when conducting
natural gas pigging operations.
REQUEST FOR PRODUCTION NO. 29:
All documents concerning or supporting Fesco’s practices, policies, or procedures, when
working around natural gas or on natural gas pipelines.
REQUEST FOR PRODUCTION NO. 30:
All documents concerning Fesco’s work, services, or activities concerning the Site.
REQUEST FOR PRODUCTION NO. 31:
All documents concerning Bobcat’s work, services, or activities concerning the Site.
REQUEST FOR PRODUCTION NO. 32:
All documents concerning Atmos Energy’s work, services, or activities concerning the
Site.
REQUEST FOR PRODUCTION NO. 33:
All safety manuals or materials provided to Deric Tarver by Fesco, Bobcat, Atmos
Energy, or any other person concerning any work, services, or activities at the Site or similar
work, services, or activities.
6
Atmos Energy's Motion to Strike - Page 33
REQUEST FOR PRODUCTION NO. 34:
All documents concerning any training provided by Fesco, Bobcat, or Atmos Energy to
Deric Tarver.
REQUEST FOR PRODUCTION NO. 35:
All photographs of the scene of the Incident.
REQUEST FOR PRODUCTION NO. 36:
All laser or digital scans relating to the Incident.
REQUEST FOR PRODUCTION NO. 37:
All documents concerning or relating to Your statement that “Fesco Petroleum was to
conduct the ‘pigging’ operation” as stated on page 3 of the Petition.
REQUEST FOR PRODUCTION NO. 38:
All documents concerning or relating to Your statement that “the traps and instruments
related [to the pigging operation] were under Bobcat’s purview”
Preview
FILED 9/18/2023 10:14 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY CAUSE NO. DC-21-09308 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 IN THE DISTRICT COURT OF Vv. DALLAS COUNTY, TEXAS 192ND JUDICIAL DISTRICT ATMOS ENERGY CORPORATION and BOBCAT CONTRACTING, LLC TAMMY BOEHLER, Individually and as Representative of the Estate of ETHAN KNIGHT, and CLAY BOEHLER Vv. ATMOS ENERGY CORPORATION and FESCO, LTD. MICHAEL GLOVER Vv. ATMOS ENERGY CORPORATION and BOBCAT CONTRACTING, LLC DEFENDANT ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. Almost two years ago, in December 2021, the Tarver Plaintiffs’ counsel hired George Glass, M.D. (“Dr. Glass”) to evaluate Plaintiff Melissa Tarver. Dr. Glass signed reports in 2022 concerning each of the adult Tarver Plaintiffs; each report states that Dr. Glass “was asked by [counsel for the Tarver Plaintiffs]” to evaluate each of the Tarver Plaintiffs and “put [his] opinions into areport.” App. at 15,21, 25 (Ex. 1, Glass Reports at 3, 9, 13). Notations on two of the reports indicate that these reports were transmitted via email to counsel for the Tarver Plaintiffs in November 2022. /d. Yet the Tarver Plaintiffs failed to disclose Dr. Glass as a retained expert ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE 1 witness on the deadline, instead designating him as a “non-retained” expert and failing to disclose documents reflecting his opinions. Atmos learned of the 2022 reports only because Dr. Glass’s medical records custodian provided them—after the Tarver Plaintiffs’ expert disclosure deadline—in response to a non-party subpoena served by Atmos. Because the Tarver Plaintiffs failed to properly designate Dr. Glass and disclose his opinions by the Plaintiffs’ expert designation deadline, Atmos respectfully asks for the Court to strike the designation of Dr. Glass and prohibit Dr. Glass from testifying at trial. Alternatively, should Dr. Glass be allowed to testify, Atmos asks the Court to allow Atmos to designate a counter-expert to rebut the opinions of Dr. Glass. BACKGROUND Over a year and a half ago, long after counsel to the Tarver Plaintiffs engaged Dr. Glass, Atmos served discovery requests on the Tarver Plaintiffs, which included requests for “[c]ertified copies of any and all documents prepared by any person who examined or treated [the Tarver Plaintiffs] in connection with the injuries complained of in the Petition” and “[c]ertified copies of any and all documents prepared by any person, physician, or health care provider who examined or treated [the Tarver Plaintiffs] after the Incident.” App. at 30 (Ex. 2, Atmos’s First Req. for Produc. at 3). In their initial responses to these requests on March 21, 2022, the Tarver Plaintiffs did not provide any responsive records or information regarding treating physicians or other medical providers. App. at 49 (Ex. 3, Tarver P1.’s Obj. and Resp. to Atmos’s First RFPs at 3). In their initial disclosures, served more than a year after their petition, and when they supplemented their responses to Atmos’s initial requests a year later, on March 3, 2023, the Tarver Plaintiffs identified Dr. Glass as a psychiatrist for Melissa Tarver and did not provide any further documents or information. App. at 86 (Ex. 4, Tarver PI.’s Initial Disclosures at 10); App. at 91 (Ex. 5, Tarver Pl.’s First Suppl. Obj. and Resp. to Atmos’s First RFPs at 3). ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE 2 In response to the Tarver Plaintiffs’ disclosure of Dr. Glass as a treating physician for Melissa Tarver, Atmos sought medical authorization forms for the Tarver Plaintiffs so that it could obtain medical records from Dr. Glass and other identified medical providers. Atmos had first requested these authorizations in its First Requests for Production served on March 2, 2022. App. at 30 (Ex. 2, Atmos’s First Req. for Produc. at 3). Atmos once again requested signed copies of the medical authorization form for all of the Tarver Plaintiffs via email on July 14, 2022, and over the course of the next eight months, Atmos again requested the forms via email thirteen times. App. at 121 (Ex. 6, Excerpt from J. Pulliam Letter to B. Agosto) The Tarver Plaintiffs knew that Atmos sought these forms for the purposes of obtaining medical records from Dr. Glass, yet they did not indicate that they had retained him, nor did they indicate that they possessed evaluations and reports authored by him. Counsel did not provide an authorization form for Melissa Tarver until April 28, 2023, and did not provide an authorization form for the remaining Tarver Plaintiffs until June 21, 2023. App. at 123 (Ex. 7) & App. at 125 (Ex. 8). On June 6, 2023, the deadline for the Tarver Plaintiffs to disclose expert witnesses, the Tarver Plaintiffs designated Dr. Glass as a non-retained testifying expert witness, describing Dr. Glass as a “psychiatrist providing treatment to Melissa Tarver, Debbie Tarver, and Randy Tarver.” App. at 139 (Ex. 9, Tarver Pl.’s Designation of Expert Witnesses at 13). At the time, the Tarver Plaintiffs did not disclose any opinions of Dr. Glass. Rather, the Tarver Plaintiffs disclosed only that they might call Dr. Glass (as well as two other counselors) to testify about “the consequences of Deric Tarver’s death, including mental pain and suffering, physical restrictions, vocation restrictions, diagnosis, and the reasonable costs and need for medical care in the past or future.” Id. But the disclosure did not provide “the general substance of the expert’s mental impressions and opinions and a brief summary of the basis for them,” as is required for retained expert ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE 3 witnesses. TEx. R. Civ. P. 195.5(a)(3). Nor did the Tarver Plaintiffs provide, as is required “if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information.” /d. The Tarver Plaintiffs also did not otherwise comply with the requirements of Rule 195.5(a)(4) for retained testifying experts. Later that month, the Court held a scheduling conference in which the Tarver Plaintiffs sought a jury trial to be set in November 2023. They did not inform the Court or Defendants at that time that they had obtained undisclosed reports from Dr. Glass. On June 8, 2023, Atmos served a notice of subpoena for Dr. Glass’s records concerning the Tarver Plaintiffs on all parties. App. at 144 (Ex. 10, Notice of Subpoena for George Glass, M.D.). Over the course of two months, at considerable expense, Atmos attempted on seven occasions to serve Dr. Glass with a subpoena to obtain records. App. at 160-62 (Ex. 11). After considerable delay and additional payment to obtain the records, Dr. Glass’s medical records custodian sent the records via FedEx to Atmos Energy on August 9, 2023—over two months after the Tarver Plaintiffs’ expert designation deadline. The records provided by Dr. Glass’s office showed that counsel for the Tarver Plaintiffs first retained Dr. Glass in December 2021 for a $500/hour fee to evaluate Melissa Tarver, App. at 13 (Ex. 1, Glass Reports at 1), and that Dr. Glass subsequently authored signed reports concerning each of the Tarver Plaintiffs, signed many months before the June 2023 deadline for Plaintiff to designate experts. Dr. Glass signed the report concerning Melissa Tarver on November 16, 2022, signed the report for Randy Tarver on November 21, 2022, and signed the report for Debbie Tarver on November 22, 2022. App. at 15, 21, 25 (Ex. 1 at 3, 9, 13). Each report states at the beginning that Dr. Glass “was asked by [counsel for the Tarver Plaintiffs]” to evaluate the Tarver Plaintiffs and “put [his] opinion into a report”. /d. ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE 4 On August 17, 2023, Atmos and the Tarver Plaintiffs met and conferred via phone regarding the untimely and improper disclosure of Dr. Glass. During this call, counsel for the Tarver Plaintiffs maintained that Dr. Glass was a non-retained testifying expert and that they had no duty to disclose his opinions or reports. To preserve its rights in light of the approaching deadline for the close of discovery, on August 28, 2023, Atmos asked the Tarver Plaintiffs whether Atmos needed to subpoena Dr. Glass’s deposition or whether the Tarver Plaintiffs planned to present him. On September 1, 2023, counsel for the Tarver Plaintiffs replied that they would present Dr. Glass for deposition, which is the customary procedure if the expert has been retained. App. at 164 (Ex. 12). On September 1, 2023, Atmos served additional discovery requests on the Tarver Plaintiffs, which requested that they provide “any and all communications” between counsel for the Tarver Plaintiffs and Dr. Glass concerning the evaluations and reports regarding Melissa, Randy, and Debbie Tarver. App. at 169 (Ex. 13, Atmos’s Second Req. for Produc. to Tarver Pl.’s at 3). On September 8, 2023, in response to these requests, the Tarver Plaintiffs served the same reports and medical records that Atmos had already obtained from Dr. Glass’s office via non-party subpoena. App. at 172 (Ex. 14). LEGAL STANDARD A failure to properly disclose a testifying expert’s opinions triggers the automatic exclusion sanctions of Rule 193.6 absent a showing of good cause or lack of surprise or prejudice. TEX. R. Civ. P. 193.6; Sheen v. Sheen, No. 03-18-00358-CV, 2019 Tex. App. LEXIS 5174, at *6 (Tex. App.—Austin, June 21, 2019, no pet.) (affirming trial court’s exclusion of physician’s testimony because plaintiff failed to disclose physician’s opinions during discovery); Villegas v. Tex. Dep’t of Transp. & Rekca, Inc., 120 S.W.3d 26, 35 (Tex. App.—San Antonio 2003, pet. denied) ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE 5 (affirming trial court’s exclusion of expert’s testimony where plaintiffs untimely disclosed materials supporting expert’s opinion). The burden of establishing good cause or the lack of unfair surprise or unfair prejudice is on the party seeking to introduce the expert’s testimony, and a finding of good cause or of the lack of unfair surprise or unfair prejudice must be supported by the record. TEX. R. CIv. P. 193.6. ARGUMENT & AUTHORITY Because Dr. Glass was retained by counsel for the Tarver Plaintiffs to evaluate and write reports concerning Melissa, Debbie, and Randy Tarver, the Tarver Plaintiffs were required to provide all documents and reports relied on or prepared by Dr. Glass at the June 6, 2023 expert designation deadline and without awaiting a discovery request. See TEX. R. Civ. P. 195.5(a)(4). Furthermore, for all experts, the Tarver Plaintiffs were required to provide either the substance of the expert’s opinions and a brief summary of the basis for them (for retained experts) or documents reflecting that information (for non-retained experts) in their June 6 designation. But Atmos did not receive Dr. Glass’s reports until over two months later on August 9, 2023, after expending onsiderable time, effort, and resources by serving a non-party subpoena. The Tarver Plaintiffs failed to comply with the requirements of the Rules, and Atmos accordingly moves to strike the Tarver Plaintiffs’ designation of Dr. Glass and prevent the Tarver Plaintiffs from calling Dr. Glass to provide expert testimony at trial. See TEX. R. Clv. P. 193.6(a). A. The Court should strike the opinions of Dr. Glass because he was not properly designated and his opinions were not timely disclosed. The records produced in this case make clear that Dr. Glass was retained by the Tarver Plaintiffs’ counsel to provide expert opinions. See Ex. 1, Glass Reports. Dr. Glass signed reports teflecting his opinions months before Plaintiffs’ expert designation deadline. Yet the Tarver Plaintiffs failed to disclose those reports, in violation of either Rule 195.5(a)(3) for non-retained ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE 6 experts or Rule 195.5(a)(4) for retained experts. This failure renders his testimony inadmissible. See TEX. R. Civ. P. 193.6(a); OIC Holdings, LLC v. Gleason, No. 05-18-00029-CV, 2019 Tex. App. LEXIS 3863, at *20 (Tex. App.—Dallas May 14, 2019, no pet.) (holding trial court abused discretion by allowing testimony of untimely designated expert witness on attorneys’ fees, reversing award of attorneys’ fees, and rendering take-nothing judgment on attorneys’ fees claim). The disclosure rule applies to treating physicians, and a reliance on medical records, in lieu of disclosing the expert’s mental impressions and opinions, is an improper designation under the Rules. Cirlos v. Gonzalez, No. 04-02-00095-CV, 2002 Tex. App. LEXIS 7712, at *4 (Tex. App.— San Antonio, Oct. 30, 2002, pet. denied) (affirming trial court’s exclusion of expert’s testimony where plaintiff had designated treating physician as a non-retained testifying expert and did not disclose physician’s mental impressions and opinions or attach a brief summary of his impressions or opinions, instead citing only the medical records). Here, the Tarver Plaintiffs did not have good cause to fail to designate Dr. Glass as a retained, testifying expert witness or to disclose his opinions or the documents reflecting them. “The good cause exception allows a trial judge to excuse a party’s failure to comply with discovery obligations in difficult or impossible circumstances. Inadvertence, lack of surprise, or the uniqueness of the offered evidence do not constitute good cause.” OJC Holdings, 2019 Tex. App. LEXIS 3863, at *21. Records obtained from Dr. Glass state that counsel for the Tarver Plaintiffs retained Dr. Glass in December 2021 and that his reports were furnished to counsel by November 2022, a full seven months before the Plaintiffs’ expert designation deadline. App. at 13, 21, 25 (Ex. 1, Glass Reports at 1, 9, 13). There is no good cause for the Tarver Plaintiffs’ counsel’s withholding of these reports and failure to disclose Dr. Glass’s opinions. ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE7 Nor can the Tarver Plaintiffs show a lack of unfair surprise or unfair prejudice. As a result of the Tarver Plaintiffs’ failure to comply with the disclosure requirements of Rule 195.5(a), Atmos was not able to engage an expert to evaluate Dr. Glass’s reports before the Defendants’ expert designation deadline on July 14, 2023. This has unfairly prejudiced Atmos in its efforts to adequately prepare for trial. In the alternative, and at the very least, Atmos should be given the opportunity to designate an expert to provide opinions responsive to those of Dr. Glass’s. B. The Tarver Plaintiffs’ counsel abused the discovery process by improperly designating Dr. Glass, which caused additional unfair prejudice to Atmos. The Tarver Plaintiffs’ improper designation of Dr. Glass as a non-retained testifying expert was an abuse of the discovery process that caused Atmos to expend considerable time, effort, and resources by serving a non-party subpoena to obtain records that should have been provided by the Tarver Plaintiffs at the expert designation deadline. Despite knowing that Atmos was making a considerable effort to obtain medical authorizations for the Tarver Plaintiffs and records from Dr. Glass, the Tarver Plaintiffs withheld records and evaluations that Atmos was entitled to due to Dr. Glass’s actual status as a retained expert witness. Atmos has incurred significant costs in its efforts to obtain expert reports and supporting materials that should have been provided by the Tarver Plaintiffs in accordance with the discovery schedule set forth by the Court. CONCLUSION The Tarver Plaintiffs’ counsel retained Dr. Glass to provide expert reports, then failed to produce them. This failure cannot be remedied by calling Dr. Glass a “non-retained” expert: he is retained, and in any event, the reports should have been produced as documents reflecting the substance of his mental impressions and opinions. Atmos respectfully asks that the Court strike the improper designation of Dr. Glass as a non-retained expert witness and prohibit Dr. Glass from ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE 8 testifying at trial. To the extent that Dr. Glass is permitted to testify and offer expert testimony despite the Tarver Plaintiffs’ improper designations, Atmos seeks leave to designate a counter- expert to rebut the opinions of Dr. Glass. Atmos also prays for all other relief to which it may be entitled. ATMOS ENERGY’S MOTION TO STRIKE IMPROPER D) NATION AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE 9 DATED: September 18, 2023 Respectfully submitted, /s/ Jessica B. Pulliam Jessica B. Pulliam State Bar No. 24037309 Susan Cannon Kennedy State Bar No. 24051663 BAKER BOTTS L.L.P. 2001 Ross Avenue, Suite 1100 Dallas, Texas 75201 Telephone: 214-953-6500 Fax: 214-953-6503 jessica.pulliam@bakerbotts.com susan.kennedy@bakerbotts.com G. Bruce Parkerson State Bar No. 00793106 PLAUCHE MASELLI PARKERSON LLP 701 Poydras St., Suite 3800 New Orleans, Louisiana 70139 Telephone: (504) 582-1142 Facsimile: (504) 582-1172 bparkerson@pmpllp.com ATTORNEYS FOR DEFENDANT ATMOS ENERGY CORPORATION CERTIFICATE OF SERVICE Thereby certify that on the 18th day of September, 2023, a copy of the foregoing was served via electronic email to all counsel of record. ds/ Jessica B. Pulliam Jessica B. Pulliam ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. PAGE 10 CERTIFICATE OF CONFERENCE Counsel for movant and counsel for respondent have personally conducted a conference at which there was a substantive discussion of every item presented to the Court in this motion and despite best efforts the counsel have not been able to resolve those matters presented. Certified to the 18th day of September 2023. /s/ Jessica B. Pulliam Jessica B. Pulliam ATMOS ENERGY’S MOTION TO STRIKE IMPROPER DESIGNATION AND EXCLUDE TESTIMONY OF EXPERT WITNESS GEORGE GLASS, M.D. — PAGE 11 EXHIBIT 1 Atmos Energy's Motion to Strike - Page 12 GEORGE S GLASS, M.D. 4550 Post Oak Place #120 Patient: Houston, TX 77027 Melissa Tarver (713)666-9811 Bill To: STATEMENT Benny Agosto Abraham Watkins 800 Commerce St Houston, TX 77002 Acc Num: MCN Bill as of : Aug 31, 2023 Date Transaction CPT Code Diagnosis Check No. Total Amounts Previous Balance $0.00 12/22/2021 Patient Assessment 2 hr 90885 $1,000.00 12/22/2021 Report Prep 2 hr. 90887 $1,000.00 1/11/2022 Patient Assessment thr 90791 $450.00 1/17/2022 Report Prep 1 hr 90887 $450.00 2/1/2022 Patient Assessment 1hr 90791 $450.00 3/3/2022 Patient Assessment 1hr 90791 $450.00 47/2022 Patient Assessment 1hr 90791 $500.00 5/5/2022 Late Cancel 99999 $500.00 5/9/2022 Payment - Benny Agosto 125519 ($4,300.00) 5/11/2022 Patient Assessment 1hr 90791 $500.00 5/25/2022 Patient Assessment 1hr 10791 $500.00 6/28/2022 Patient Assessment 1hr 90791 $500.00 TIN3/2022 Payment - Benny Agosto 126509 ($2,000.00) 9/28/2022 Patient Assessment 1hr 90791 $500.00 10/25/2022 Patient Assessment 1hr 90791 $500.00 11/15/2022 Payment - Benny Agosto 130081 ($1,000.00) 11/22/2022 Patient Assessment 1hr 90791 $500.00 1/4/2023 Payment - Benny Agosto 131249 ($500.00) GEORGE S GLASS, M.D. License Number: E3285 Tax Id: 741993145 NPI: 1619030228 Atmos Energy's Motion to Strike - Page 13 GEORGE S GLASS, M.D. 4550 Post Oak Place #120 Patient: Houston, TX 77027 Melissa Tarver (713)666-9811 Bill To: STATEMENT Benny Agosto Abraham Watkins 800 Commerce St Houston, TX 77002 Acc Num: MCN Bill as of : Aug 31, 2023 Date Transaction CPT Code Diagnosis Check No. Total Amounts 8/1/2023 Record Request 80098 $300.00 8/4/2023 Payment - Melissa Tarver 1247588 ($300.00) Baker Botts $0.00 Please Pay this Amount: $0.00 Insert Patient ID or Group# for Insurance Purposes. GEORGE S GLASS, M.D. License Number: E3285 Tax Id: 741993145 NPI: 1619030228 Atmos Energy's Motion to Strike - Page 14 GEORGE S. GLASS, M.D., P.A. November 16, 2022 General Psychiatry RE: Melissa Tarver Reason for Referral Iwas asked by Benny Agosto, of “Abraham, Watkins, Nichols, Agosto, Aziz, and Stogner, Lip” to do a Psychiatric Evaluation on Melissa Tarver, a 33-year-old working mother of two whose husband, Derek, was killed in a pipeline explosion on June 28, 202] Mr. Agosto asked that after I interview her, which I did on December 22, 2021, January 11, February 1, March 3, April 7, May 7, May 11, May 25, June 28, September 28, and October 25, 2022, to determine if her psychiatric symptoms rose to the level of a DSM 5 diagnosis, if so what that diagnosis was, initiate treatment if I thought that was indicated, and them put my opinions into a report. My Qualifications to make this report My name is George S. Glass. I am a Medical Doctor licensed to practice medicine in the State of Texas. I have practiced Psychiatry in Harris County, Texas for 45 years. I graduated from Swarthmore College, Swarthmore, Pennsylvania with a B.A. in Psychology in 1963, and graduated from Northwestern Medical School in Chicago, Ilinois with an M_D. in 1967. I completed a Straight Medical Internships at Kings County Hospital, Brooklyn, New York in 1967 and did a Psychiatric Post Doctoral Fellowship at the Yale University Medical School Department of Psychiatry from July 1968 through July 1971. I was 4 Lieutenant Commander and Staff Psychiatrist at the Bethesda Naval Hospital from July 1971-June 1973, where I helped set up the Navy’s Alcohol Treatment Program. I was an Assistance Professor of Psychiatry at the University of Texas Medical Hospital School in Houston from 1974 through 1978 and then was promoted to a Clinical Associate Professor of Psychiatry. I have been a Clinical Associate Professor at the Baylor College of Medicine since the mid 1980's, as well as at the Cornell-Weill Médical Program at the Methodist Hospital in Houston. I was Board Certified by the American Board of Psychiatry and Neurology in 1976, and Board Certified by the American Medical Society on Alcoholism and Other Drug Dependencies in 1986. I have been a Fellow of the American Psychiatric Association (APA) since 1987, and a Distinguished Life Fellow since 2003. I was the State Chairman for what is now the American Board of Addiction Medicine, from 1975 through 1987 and a member since then. Additionally, I am a Founding Member of the American Academy of Psychiatrists in Alcoholism and Addictions (AAPAA) as well as a Charter Member of the American Academy of Organizational Psychiatry (AAOP) Certified American Board of Psychiatry and Neuralogy Distinguished Life Fellow, American Psychiatric Association Certified, American Medical Society on Alcoholism and Other Drug Dependencies 4550 POST OAK PLACE, SUITE 120, HOUSTON, TEXAS 77027, 713-666-9811, FAX 713-627-3488, Atmos Energy's Motion to Strike - Page 15 g Committee for seven I served on the Harris County Medical Society’s Phy, cian Counselin for the Houston Psychiatric years and was the Chairman for four years. Additionally, I was Liaison Society in the mid 1980’s, and on the Public Affairs Society with the Harris County Medical the Forensic Psychiatri c Committee of the Texas Society of Psychiatric Committee, and Physicians. an d 2 books. I have been engaged I have authored more than fifteen professional publications s. | was working as a practicing in the practice of Psychiatry in Houston, Texas for over 45 year: psychiatrist in 2021 through the present when thi events involved in this lawsuit occurred, as well as now when this report is made ionologist allow me to serve as an I believe that my experience as a Psychiatrist and an Addict expert in this case. My C.V. is attached to this report and is i ncorporated by reference. My opinions 11 ity are based on a reasonable degree of medical probabi a Tarver. This report is based on information provided to me regarding Meliss Current Problem Atmos Energy's Motion to Strike - Page 16 Past Hist Atmos Ener 's Motion to Strike - Page 17 Mental Status Ex: ti Medical Opinion and Recommendations Atmos Energy's Motion to Strike - Page 18 any Thank you for ghis interesting referral and please feel free to contact me should you have further comments or questions. Yours truly, [ / George S. Glass, M.D Distinguished Life Fellow, American Psychiatric Association Certified, American Board of Psychiatry and Neurology Certified, American Medical Society on Alcoholism and Other Drug Dependencies Atmos Energy's Motion to Strike - Page 19 GEORGE S GLASS, M.D. 4550 Post Oak Place #120 Patient: Houston, TX 77027 Randy Tarver (713)666-9811 Bill To: STATEMENT Mo Aziz Abraham Watkins 800 Commerce St Houston, TX 77002 Acc Num: MJQ Bill as of : Aug 31, 2023 Date Transaction CPT Code Diagnosis Check No. Total Amounts Previous Balance $0.00 11/17/2022 Patient Assessment 2 hr 90885 $1,000.00 11/17/2022 Report Prep 2 hr. 90887 $1,000.00 2/10/2023 Payment - Mo Aziz 132189 ($2,000.00) 8/1/2023 Record Request 80098 $300.00 8/4/2023 Payment - Randy Tarver 1247588 ($300.00) Baker Botts $0.00 Please Pay this Amount; $0.00 Insert Patient ID or Group# for Insurance Purposes GEORGE S GLASS, M.D. License Number: E3285 Tax Id: 741993145 NPI: 1619030228 Atmos Energy's Motion to Strike - Page 20 &2 — ee oe GEORGE S. GLASS M._D., P.A. November 21, 2022 General Psychiatry RE: Randy Tarver Reason for Referral I was asked by Benny Agosto of “Abraham, Watkins, Nichols, Agosto, Aziz, and Stogner, LLP” oil field to do a Psychiatric Evaluation on Randy Tarver. Mr. Tarver is a 66-year-old VP of an on June services company, where his son Derek was working when he was killed in an explosion evaluate 28, 2021. Since that time Mr. Tarver has been quite depressed and Mr. Agosto asked me to that was him, determine the extent of the psychiatric symptoms, recommend treatment if I thought indicated, and then put my opinions into a report. Current Problem Certified Ai rican chiatr D Li Fell Assi ertified, Ame n MedicalSi na ig De ies 4550 POST OAK PLACE, SUITE 120 HOUSTON, TE: 702 , FAX 713-627-3488 Atmos Energy's Motion to Strike - Page 21 Past History Mental Status Examination and Recommendations Medical Opinion Atmos Energy's Motion to Strike - Page 22 any Thank you for this interesting referral and please feel free to contact me should you have further comments or questions. Yours truly, /f f ft George'$ f Glass Distinguished Life Fellow, American Psychiatric Association Certified, American Board of Psychiatry and Neurology Certified, American Medical Society on Alcoholism and Other Drug Dependencies Atmos Energy's Motion to Strike - Page 23 GEORGE S GLASS, M.D. 4550 Post Oak Place #120 Patient: Houston, TX 77027 Debbie Tarver (713)666-9811 Bill To: STATEMENT Benny Agosto Abraham Watkins 800 Commerce St Houston, TX 77002 Acc Num: MJR Bill as of : Aug 31, 2023 Date Transaction CPT Code Diagnosis Check No. Total Amounts Previous Balance $0.00 11/16/2022 Patient Assessment 2 hr 90885 $1,000.00 11/16/2022 Report Prep 2 hr. 90887 $1,000.00 1/4/2023 Payment - Benny Agosto 131248 ($2,000.00) 8/1/2023 Record Request 80098 $300.00 8/4/2023 Payment - Debbie Tarver 1247588 ($300.00) ‘aker Botts $0.00 Please Pay this Amount: $0.00 insert Patient ID or Group# for Insurance Purposes. GEORGE S GLASS, M.D. License Number: E3285 Tax Id: 741993145 NPI: 1619030228 Atmos Energy's Motion to Strike - Page 24 November 22, 2022 General Psychiatry RE: Debbie Tarver Reason for Referral I was asked by Benny Agosto of “Abraham Watkins, Nichols, Agosto, Aziz, and Stogner, Lip.” to do a Psychiatric evaluation on Debbie Tarver. Ms. Tarver is a 64-year-old married mother of three sons, whose youngest son, Derek, was killed in an oil field explosion on June 28, 2021. Since that time, she has been depressed and had a number of psychiatric symptoms so Mr. Agosto asked that I evaluate her, determine if her symptoms rose to the level of a DSM 5 diagnosis, recommend treatment if that was indicated, and then put my opinions into a report. Current Problem ol 41 smer Med > dD 4550 POST OAK — 120, HOUSTON. AX Atmos Energy's Motion to Strike - Page 25 Past History Mental Status Examination Medici 10} tion Thank you for this interesting referral and please el free to contact me should you have any further comments or questions. Yours truly, A George S. GI MD Di guished Life Fellow, American Psychiatrie. A jation Certified, Ameri sychioti jeurology “ ert erican Med ug Atmos Energy's Motion to Strike - Page 26 EXHIBIT 2 Atmos Energy's Motion to Strike - Page 27 CAUSE NO. DC-21-09308 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 IN THE DISTRICT COURT OF Plaintiffs, DALLAS COUNTY, TEXAS 192 JUDICIAL DISTRICT Vv ATMOS ENERGY CORPORATION and BOBCAT CONTRACTING, LLC Defendants. TAMMY BOEHLER, Individually and as Representative of the Estate of ETHAN KNIGHT, and CLAY BOEHLER Plaintiffs, v. ATMOS ENERGY CORPORATION and FESCO, LTD., Defendants FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO THE TARVER PLAINTIFFS Pursuant to Texas Rule of Civil Procedure 196.1, Atmos requests that 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 (collectively, “You” or the “Tarver Plaintiffs”) produce documents in response to the following requests at Baker Botts L.L.P., 2001 Ross Avenue, Suite 900, Dallas, Texas 75201, addressed to the attention of Susan Kennedy, within thirty days of the date of service of this request. DEFINITIONS 1 The term “person” means any natural person or any legal entity, including, without limitation, any business or governmental entity or association. 2. The term “document” is defined to be synonymous in meaning and equal in scope 1 Atmos Energy's Motion to Strike - Page 28 to the usage of the term “documents and tangible things” in Texas Rule of Civil Procedure 192.3(b), including but not limited to papers, books, accounts, drawings, graphs, charts, photographs, electronic or videotape recordings, data, and data compilations. “Documents” includes electronic data as described in Rule 196.4. A draft or non-identical copy is a separate document within the meaning of this term. 3 “You” refers to Plaintiffs Melissa Tarver, Individually and as Representative of the Estate of Deric Tarver, and as next friend of B.T. and K.T., Minors; B.T. and K.T.; Randy Tarver, and Debbie Tarver. 4 “Deric Tarver” or “Mr. Tarver” refers to the deceased husband of Plaintiff Melissa Tarver. 5 The “Incident” refers to the incident that occurred on June 28, 2021, near Farmersville Texas, referred to in Your Petition. 6. The “Petition” refers Plaintiffs’ Original Petition filed on July 16, 2021, in Cause No. DC-21-09308 in Dallas County District Court. 7 “Bobcat” refers to Defendant Bobcat Contracting, LLC. 8 “Fesco” refers to Defendant Fesco, Ltd. 9 The “Site” refers to the location where the Incident occurred as described in your Petition, i.e., “the Atmos Energy Facility located in the 14000 block of FM 2756, Farmersville, Texas.” 10. “Boehler Plaintiffs” refers to Tammy Boehler, Individually and as Representative of the Estate of Ethan Knight; and Clay Boehler. 2 Atmos Energy's Motion to Strike - Page 29 REQUESTS FOR PRODUCTION OF DOCUMENTS REQUEST FOR PRODUCTION NO. 1: Certified copies of any and all documents prepared by any person who examined or treated You or Deric Tarver in connection with the injuries complained of in the Petition. REQUEST FOR PRODUCTION NO. 2: The signed original of the attached medical records authorization form. REQUEST FOR PRODUCTION NO. 3: Certified copies of any and all documents prepared by any person, physician, or health care provider who examined or treated You after the Incident. REQUEST FOR PRODUCTION NO. 4: All documents relating to Your damages claims as listed in the Petition, to the extent not otherwise produced in response to other Requests for Production. REQUEST FOR PRODUCTION NO. 5: The signed originals of the attached tax information release Form No. 4506 for the years 2016, 2017, 2018, 2019, and 2020. REQUEST FOR PRODUCTION NO. 6: Your federal income tax returns from 2013 through the present. REQUEST FOR PRODUCTION NO. 7: The signed original of the attached Social Security authorization form. REQUEST FOR PRODUCTION NO. 8: The signed original of the attached employment records authorization form. REQUEST FOR PRODUCTION NO. 9: All documents concerning Mr. Tarver’s employment history. 3 Atmos Energy's Motion to Strike - Page 30 REQUEST FOR PRODUCTION NO. 10: All documents concerning Mr. Tarver’s academic history. REQUEST FOR PRODUCTION NO. 11: All documents concerning Mr. Tarver’s income. REQUEST FOR PRODUCTION NO. 12: All documents concerning or supporting Your claim of “mental anguish, past and future,” as alleged on page 8 of the Petition. REQUEST FOR PRODUCTION NO. 13: All documents concerning or supporting Your claim of “medical expenses, past and future,” as alleged on page 8 of the Petition. REQUEST FOR PRODUCTION NO. 14: All documents concerning or supporting Your claim of “loss of consortium,” as alleged on page 8 of the Petition. REQUEST FOR PRODUCTION NO. 15: All documents concerning or supporting Your claim of “loss of companionship” and society, as alleged on page 8 of the Petition. REQUEST FOR PRODUCTION NO. 16: All documents concerning or supporting Your claim of “loss of inheritance,” as alleged on page 8 of the Petition. REQUEST FOR PRODUCTION NO. 17: All documents concerning or supporting Your claim for “lost wages,” as alleged on page 8 of the Petition. 4 Atmos Energy's Motion to Strike - Page 31 REQUEST FOR PRODUCTION NO. 18: All documents concerning or supporting Your claim for “loss of future earning capacity,” as alleged on page 8 of the Petition. REQUEST FOR PRODUCTION NO. 19: All documents concerning or supporting Your claim for “pre-death physical pain and suffering,” as alleged on page 8 of the Petition. REQUEST FOR PRODUCTION NO. 20: All documents concerning or supporting Your claim for “punitive damages.” REQUEST FOR PRODUCTION NO. 21: All documents concerning Mr. Tarver’s licenses or certifications. REQUEST FOR PRODUCTION NO. 22: All documents concerning Mr. Tarver’s education, specialized training, certifications, or experience on natural gas pipelines. REQUEST FOR PRODUCTION NO. 23: All documents concerning Mr. Tarver’s education, specialized training, certifications, or experience in natural gas pigging operations. REQUEST FOR PRODUCTION NO. 24: All documents concerning Mr. Tarver’s education, specialized training, certifications, or experience in flaring operations. REQUEST FOR PRODUCTION NO. 25: All documents concerning Mr. Tarver’s work, services, or other activities on natural gas pipelines. 5 Atmos Energy's Motion to Strike - Page 32 REQUEST FOR PRODUCTION NO. 26: All documents concerning Mr. Tarver’s work, services, or other activities on natural gas pigging operations. REQUEST FOR PRODUCTION NO. 27: All documents concerning or supporting, Mr. Tarver’s work, services, or other activities on flaring operations. REQUEST FOR PRODUCTION NO. 28: All documents concerning Fesco’s practices, policies, or procedures, when conducting natural gas pigging operations. REQUEST FOR PRODUCTION NO. 29: All documents concerning or supporting Fesco’s practices, policies, or procedures, when working around natural gas or on natural gas pipelines. REQUEST FOR PRODUCTION NO. 30: All documents concerning Fesco’s work, services, or activities concerning the Site. REQUEST FOR PRODUCTION NO. 31: All documents concerning Bobcat’s work, services, or activities concerning the Site. REQUEST FOR PRODUCTION NO. 32: All documents concerning Atmos Energy’s work, services, or activities concerning the Site. REQUEST FOR PRODUCTION NO. 33: All safety manuals or materials provided to Deric Tarver by Fesco, Bobcat, Atmos Energy, or any other person concerning any work, services, or activities at the Site or similar work, services, or activities. 6 Atmos Energy's Motion to Strike - Page 33 REQUEST FOR PRODUCTION NO. 34: All documents concerning any training provided by Fesco, Bobcat, or Atmos Energy to Deric Tarver. REQUEST FOR PRODUCTION NO. 35: All photographs of the scene of the Incident. REQUEST FOR PRODUCTION NO. 36: All laser or digital scans relating to the Incident. REQUEST FOR PRODUCTION NO. 37: All documents concerning or relating to Your statement that “Fesco Petroleum was to conduct the ‘pigging’ operation” as stated on page 3 of the Petition. REQUEST FOR PRODUCTION NO. 38: All documents concerning or relating to Your statement that “the traps and instruments related [to the pigging operation] were under Bobcat’s purview”