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FILED
DALLAS COUNTY
9/20/2019 4:44PM
FELICIA PITRE
DISTRICT CLERK
Cassandra Walker
CAUSE NO. DC-17-10592
MARTY MURPHY, IN THE DISTRICT COURT
Plaintiflflmd Counterclaim-
Defendant
WWWWWWWW
192‘” JUDICIAL DISTRICT
PAVECON HOLDING C0., INC.,
PAVECON LTD. C0.,
PAVECON PUBLIC WORKS LP,
PAVECON PUBLIC WORKS GP LLC, mmmmmmmm
LABCON, INC., DAVID WALKER,
Defendants and Counterclaim-
Plaintiffiv. DALLAS COUNTY, TEXAS
MARTY MURPHY’S OBJECTIONS TO
DEFENDANTS’ TRIAL WITNESS LIST
In accordance With the Amended Agreed Level Three Docket Control Order and Rule 11
Agreements, Marty Murphy, Plaintiff and Counterclaim-Defendant (“Murphy”) makes the
following objections t0 Defendants’ Trial Witness List:
I. Probable Witnesses
Probable Witnesses that Defendant May Call
Witness Identification Obj ection
Marty Murphy Plaintiff See and incorporated by
reference Marty Murphy’s
Objections and Responsive
Deposition Designations.
David Walker Mr. Walker is the Chief Executive
Officer 0f Pavecon Ltd. and Pavecon
Public Works and Will testify about
hiring Plaintiff, Plaintiff” s agreements
OBJECTIONS TO DEFENDANTS’ TRIAL WITNESS LIST Page 1
With the companies, Plaintiff” s job
duties, Plaintiff’s compensation,
Plaintiff’s theft from the companies, and
Plaintiff s termination.
Don Heierman Mr. Heierman is the Chief Financial
Officer of Pavecon Ltd. and Pavecon
Public Works and Will testify about
Plaintiff s agreements with the
companies, Plaintiff’s compensation,
Plaintiff s theft from the companies,
and Plaintiff” s termination.
Dean Dumke Mr. Dumke was the Vice President of
Operations of Production 0f Pavecon
Public Works and will testify about
Plaintiff s theft from the companies
and Plaintiff” s termination.
Ricky Boydston Mr. Boydston isthe Dirt/EQ TRE 401 (relevance), TRE
Supervisor for Pavecon Public Works 403 (substantial prejudice,
and will testify about Plaintiff s theft confusion, repetitive, etc.),
from the companies and Plaintiff s improper damage evidence.
termination.
Mr. Seger is the Fleet Manager 0f TRE 401 (relevance), TRE
Pavecon Ltd. and Pavecon Public 403 (substantial prejudice,
Chris Seger Works and will testify about Plaintiff” s confusion, repetitive, etc.),
theft from the companies including the improper damage evidence.
improper use of Pavecon equipment
and Pavecon mechanics on Plaintiff” s
personal property and Plaintiff” s
termination.
Michael Jeter Mr. Jeter is the Asphalt Foreman for TRE 401 (relevance), TRE
Pavecon Public Works and will testify 403 (substantial prejudice,
about the work he and his crew confusion, repetitive, etc.),
performed on Murphy’s property and improper damage evidence.
Murphy’s failure t0 compensate for the
work performed 0n Murphy’s property.
Ricardo Gomez Mr. Gomez is the Concrete Foreman TRE 401 (relevance), TRE
for Pavecon Public Works and will 403 (substantial prejudice,
testify about the work he and his crew confusion, repetitive, etc.),
performed 0n Murphy’s property and improper damage evidence.
Murphy’s failure t0 compensate for the
work performed 0n Murphy’s property.
Ismael Ortega Mr. Ortega is a Foreman for Pavecon TRE 401 (relevance), TRE
Public Works and Will testify about the 403 (substantial prejudice,
work he and his crew performed on confusion, repetitive, etc.),
Murphy’s property and Murphy’s improper damage evidence.
failure t0 compensate for the work
OBJECTIONS TO DEFENDANTS’ TRIAL WITNESS LIST Page 2
performed 0n Murphy’s property.
Shane Boydston Mr. Boydston is a Foreman for Pavecon TRE 401 (relevance), TRE
Public Works and will testify about the 403 (substantial prejudice,
work he and his crew performed on confusion, repetitive, etc.),
Murphy’s property and Murphy’s improper damage evidence.
failure t0 compensate for the work
performed 0n Murphy’s property.
Kelsey Greene Ms. Greene is the A/P Clerk for
Pavecon Public Works and Will testify
about how Murphy paid for certain
invoices related t0 the work performed
on Murphy’s property.
Flor (Cantu) Ms. Jordan is the A/P Clerk for
Jordan Pavecon Public Works and will testify
about how Murphy compensated
certain Pavecon employees for work
performed 0n Murphy’s property.
William Barnard Mr. Barnard Will offer expert TRE 702 (Expert
testimony regarding Pavecon’s qua]ifications/reliability 0f
economic damages, lost profits analysis expert opinion/helpful), TRE
and valuation. Mr. Barnard may also 703 (Bases 0f expert
rebut the opinions 0f Plaintiff’s experts opinion), TRE 705(0) (Expert
Kenneth Sibley and Daniel Baucum underlying facts 0r data),
regarding Plaintiff” s alleged damages. TRE 401 (relevance), TRE
403 (reliability), legal opinion
not admissible, will not assist
the jury, improper damage
evidence. See and
incorporated by reference
Marty Murphy’s Motion t0
Exclude Testimony 0f
Pavecon’s Expert William
Barnard.
Rudy Robinson Mr. Robinson isan expert in real TRE 702 (Expert
estate appraisal and valuation and will qualifications/reliability of
offer testimony regarding Pavecon’s expert opinion/helpful), TRE
damages and the improved value 0f 703 (Bases 0f expert
Plaintiff s personal property as a result opinion), TRE 705(c) (Expert
0f the Pavecon resources used 0n the underlying facts 0r data),
property. TRE 401 (relevance), TRE
403 (reliability), speculative,
legal opinion not admissible,
will not assist the jury,
improper damage evidence.
See and incorporated by
reference Marty Murphy’s
OBJECTIONS TO DEFENDANTS’ TRIAL WITNESS LIST Page 3
Motion to Exclude Testimony
0f Pavecon’s Expert Rudy
Robinson.
Ron Vernon Mr. Vernon in the Division President TRE 702 (Expert
0f the Houston Division of Pavecon qua]ifications/reliability of
Ltd. Co. and will testify on the subj ect expert opinion/helpful), TRE
matter of the estimate he performed 703 (Bases 0f expert
regarding the work performed on opinion), TRE 705(0) (Expert
Plaintiff s property. underlying facts or data),
TRE 401 (relevance), TRE
403 (reliability), speculative,
will not assist the jury,
improper damage evidence.
See and incorporated by
reference Marty Murphy’s
Motion t0 Exclude Testimony
0f Pavecon’s Expert Ron
Vernon.
J. Robert Amett II Mr. Amett is a Principal 0f Carter
Amett, PLLC and will testify on the
subject matter of his qualifications,
education, expertise and work
experience and as t0 the reasonableness
0f Pavecon’s attorney’s fees. Mr. Amett
Will also testify 0n the subj ect matter 0f
Murphy’s claimed attorney’s fees.
OBJECTIONS TO DEFENDANTS’ TRIAL WITNESS LIST Page 4
II. Possible Witnesses
Possible Witnesses that Defendant May Call
Witness Identification Obj ection
Stephanie Thompson Ms. Thompson is the former
Controller 0f Pavecon Public Works
and may testify about
Dave Hardin Mr. Hardin is a Certified Public TRCP 194.2 (f)(3), TRCP
Accountant and may offer opinion 194.2(f)(4)(A) (Improperly
testimony 0n the subj ect matter 0f the designated expert witness),
accounting principles and tax laws TRE 702 (Expert
that relate t0 Plaintiff’s compensation qua]ifications/reliability 0f
and Pavecon’s tax returns. expert opinion/helpful), TRE
703 (Bases of expert
opinion), TRE 705(c) (Expert
underlying facts 0r data),
TRE 401 (relevance), TRE
403 (reliability), speculative,
legal opinion not admissible,
will not assist the jury,
improper damage evidence.
See and incorporated by
reference Marty Murphy’s
Motion to Exclude
Improperly Designated
Experts.
Charles Meadows, Jr. Mr. Meadows is an expert and may TRE 702 (Expert
rebut the opinions of Plaintiff” s qualifications/reliability of
expert, Daniel Bacum, as outlined in expert opinion/helpful), legal
his report on the subj ect matter 0f tax opinion not admissible. See
and corporate governance. and incorporated by reference
Marty Murphy’s Motion t0
Exclude Testimony 0f
Pavecon’s Expert Charles M.
Meadows, Jr.
Brian Piper Mr. Piper is the Executive Vice See and incorporated by
President of RKM Utiliy Services Inc. reference Marty Murphy’s
(“RKM”) and may testify about Objections and Responsive
Plaintiff’s employment and Deposition Designations.
termination from RKM.
OBJECTIONS TO DEFENDANTS’ TRIAL WITNESS LIST Page 5
Respectfully submitted,
CANTEY HANGER LLP
/s/ Charles H. Smith
Charles H. Smith — Attorney in Charge
State Bar N0. 18550500
Chsmith@cantevhanger.com
Bryan S. David
State Bar No. 22403 1989
bdavid@cantevhanger.com
Stephanie Millett
State Bar N0. 00797070
smillett@cantevhangercom
1999 Bryan Street, Suite 3300
Dallas, Texas 75201
(214) 740-4201
(214) 978-4140 - Telecopier
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that on September 20, 2019, all counsel 0f record were served with this
instrument through the Court’s electronic filing system.
/s/ Charles H. Smith
OBJECTIONS TO DEFENDANTS’ TRIAL WITNESS LIST Page 6
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FILED DALLAS COUNTY 9/20/2019 4:44PM FELICIA PITRE DISTRICT CLERK Cassandra Walker CAUSE NO. DC-17-10592 MARTY MURPHY, IN THE DISTRICT COURT Plaintiflflmd Counterclaim- Defendant WWWWWWWW 192‘” JUDICIAL DISTRICT PAVECON HOLDING C0., INC., PAVECON LTD. C0., PAVECON PUBLIC WORKS LP, PAVECON PUBLIC WORKS GP LLC, mmmmmmmm LABCON, INC., DAVID WALKER, Defendants and Counterclaim- Plaintiffiv. DALLAS COUNTY, TEXAS MARTY MURPHY’S OBJECTIONS TO DEFENDANTS’ TRIAL WITNESS LIST In accordance With the Amended Agreed Level Three Docket Control Order and Rule 11 Agreements, Marty Murphy, Plaintiff and Counterclaim-Defendant (“Murphy”) makes the following objections t0 Defendants’ Trial Witness List: I. Probable Witnesses Probable Witnesses that Defendant May Call Witness Identification Obj ection Marty Murphy Plaintiff See and incorporated by reference Marty Murphy’s Objections and Responsive Deposition Designations. David Walker Mr. Walker is the Chief Executive Officer 0f Pavecon Ltd. and Pavecon Public Works and Will testify about hiring Plaintiff, Plaintiff” s agreements OBJECTIONS TO DEFENDANTS’ TRIAL WITNESS LIST Page 1 With the companies, Plaintiff” s job duties, Plaintiff’s compensation, Plaintiff’s theft from the companies, and Plaintiff s termination. Don Heierman Mr. Heierman is the Chief Financial Officer of Pavecon Ltd. and Pavecon Public Works and Will testify about Plaintiff s agreements with the companies, Plaintiff’s compensation, Plaintiff s theft from the companies, and Plaintiff” s termination. Dean Dumke Mr. Dumke was the Vice President of Operations of Production 0f Pavecon Public Works and will testify about Plaintiff s theft from the companies and Plaintiff” s termination. Ricky Boydston Mr. Boydston isthe Dirt/EQ TRE 401 (relevance), TRE Supervisor for Pavecon Public Works 403 (substantial prejudice, and will testify about Plaintiff s theft confusion, repetitive, etc.), from the companies and Plaintiff s improper damage evidence. termination. Mr. Seger is the Fleet Manager 0f TRE 401 (relevance), TRE Pavecon Ltd. and Pavecon Public 403 (substantial prejudice, Chris Seger Works and will testify about Plaintiff” s confusion, repetitive, etc.), theft from the companies including the improper damage evidence. improper use of Pavecon equipment and Pavecon mechanics on Plaintiff” s personal property and Plaintiff” s termination. Michael Jeter Mr. Jeter is the Asphalt Foreman for TRE 401 (relevance), TRE Pavecon Public Works and will testify 403 (substantial prejudice, about the work he and his crew confusion, repetitive, etc.), performed on Murphy’s property and improper damage evidence. Murphy’s failure t0 compensate for the work performed 0n Murphy’s property. Ricardo Gomez Mr. Gomez is the Concrete Foreman TRE 401 (relevance), TRE for Pavecon Public Works and will 403 (substantial prejudice, testify about the work he and his crew confusion, repetitive, etc.), performed 0n Murphy’s property and improper damage evidence. Murphy’s failure t0 compensate for the work performed 0n Murphy’s property. Ismael Ortega Mr. Ortega is a Foreman for Pavecon TRE 401 (relevance), TRE Public Works and Will testify about the 403 (substantial prejudice, work he and his crew performed on confusion, repetitive, etc.), Murphy’s property and Murphy’s improper damage evidence. failure t0 compensate for the work OBJECTIONS TO DEFENDANTS’ TRIAL WITNESS LIST Page 2 performed 0n Murphy’s property. Shane Boydston Mr. Boydston is a Foreman for Pavecon TRE 401 (relevance), TRE Public Works and will testify about the 403 (substantial prejudice, work he and his crew performed on confusion, repetitive, etc.), Murphy’s property and Murphy’s improper damage evidence. failure t0 compensate for the work performed 0n Murphy’s property. Kelsey Greene Ms. Greene is the A/P Clerk for Pavecon Public Works and Will testify about how Murphy paid for certain invoices related t0 the work performed on Murphy’s property. Flor (Cantu) Ms. Jordan is the A/P Clerk for Jordan Pavecon Public Works and will testify about how Murphy compensated certain Pavecon employees for work performed 0n Murphy’s property. William Barnard Mr. Barnard Will offer expert TRE 702 (Expert testimony regarding Pavecon’s qua]ifications/reliability 0f economic damages, lost profits analysis expert opinion/helpful), TRE and valuation. Mr. Barnard may also 703 (Bases 0f expert rebut the opinions 0f Plaintiff’s experts opinion), TRE 705(0) (Expert Kenneth Sibley and Daniel Baucum underlying facts 0r data), regarding Plaintiff” s alleged damages. TRE 401 (relevance), TRE 403 (reliability), legal opinion not admissible, will not assist the jury, improper damage evidence. See and incorporated by reference Marty Murphy’s Motion t0 Exclude Testimony 0f Pavecon’s Expert William Barnard. Rudy Robinson Mr. Robinson isan expert in real TRE 702 (Expert estate appraisal and valuation and will qualifications/reliability of offer testimony regarding Pavecon’s expert opinion/helpful), TRE damages and the improved value 0f 703 (Bases 0f expert Plaintiff s personal property as a result opinion), TRE 705(c) (Expert 0f the Pavecon resources used 0n the underlying facts 0r data), property. TRE 401 (relevance), TRE 403 (reliability), speculative, legal opinion not admissible, will not assist the jury, improper damage evidence. See and incorporated by reference Marty Murphy’s OBJECTIONS TO DEFENDANTS’ TRIAL WITNESS LIST Page 3 Motion to Exclude Testimony 0f Pavecon’s Expert Rudy Robinson. Ron Vernon Mr. Vernon in the Division President TRE 702 (Expert 0f the Houston Division of Pavecon qua]ifications/reliability of Ltd. Co. and will testify on the subj ect expert opinion/helpful), TRE matter of the estimate he performed 703 (Bases 0f expert regarding the work performed on opinion), TRE 705(0) (Expert Plaintiff s property. underlying facts or data), TRE 401 (relevance), TRE 403 (reliability), speculative, will not assist the jury, improper damage evidence. See and incorporated by reference Marty Murphy’s Motion t0 Exclude Testimony 0f Pavecon’s Expert Ron Vernon. J. Robert Amett II Mr. Amett is a Principal 0f Carter Amett, PLLC and will testify on the subject matter of his qualifications, education, expertise and work experience and as t0 the reasonableness 0f Pavecon’s attorney’s fees. Mr. Amett Will also testify 0n the subj ect matter 0f Murphy’s claimed attorney’s fees. OBJECTIONS TO DEFENDANTS’ TRIAL WITNESS LIST Page 4 II. Possible Witnesses Possible Witnesses that Defendant May Call Witness Identification Obj ection Stephanie Thompson Ms. Thompson is the former Controller 0f Pavecon Public Works and may testify about Dave Hardin Mr. Hardin is a Certified Public TRCP 194.2 (f)(3), TRCP Accountant and may offer opinion 194.2(f)(4)(A) (Improperly testimony 0n the subj ect matter 0f the designated expert witness), accounting principles and tax laws TRE 702 (Expert that relate t0 Plaintiff’s compensation qua]ifications/reliability 0f and Pavecon’s tax returns. expert opinion/helpful), TRE 703 (Bases of expert opinion), TRE 705(c) (Expert underlying facts 0r data), TRE 401 (relevance), TRE 403 (reliability), speculative, legal opinion not admissible, will not assist the jury, improper damage evidence. See and incorporated by reference Marty Murphy’s Motion to Exclude Improperly Designated Experts. Charles Meadows, Jr. Mr. Meadows is an expert and may TRE 702 (Expert rebut the opinions of Plaintiff” s qualifications/reliability of expert, Daniel Bacum, as outlined in expert opinion/helpful), legal his report on the subj ect matter 0f tax opinion not admissible. See and corporate governance. and incorporated by reference Marty Murphy’s Motion t0 Exclude Testimony 0f Pavecon’s Expert Charles M. Meadows, Jr. Brian Piper Mr. Piper is the Executive Vice See and incorporated by President of RKM Utiliy Services Inc. reference Marty Murphy’s (“RKM”) and may testify about Objections and Responsive Plaintiff’s employment and Deposition Designations. termination from RKM. OBJECTIONS TO DEFENDANTS’ TRIAL WITNESS LIST Page 5 Respectfully submitted, CANTEY HANGER LLP /s/ Charles H. Smith Charles H. Smith — Attorney in Charge State Bar N0. 18550500 Chsmith@cantevhanger.com Bryan S. David State Bar No. 22403 1989 bdavid@cantevhanger.com Stephanie Millett State Bar N0. 00797070 smillett@cantevhangercom 1999 Bryan Street, Suite 3300 Dallas, Texas 75201 (214) 740-4201 (214) 978-4140 - Telecopier ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that on September 20, 2019, all counsel 0f record were served with this instrument through the Court’s electronic filing system. /s/ Charles H. Smith OBJECTIONS TO DEFENDANTS’ TRIAL WITNESS LIST Page 6