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NO. 2018-61213
PHILIPPE CRAS, IN THE DISTRICT COURT OF
Plaintiff,
VS. HARRIS COUNTY, TEXAS
STEWART TITLE COMPANY
and WALLGOOD, L.L.C.
Defendants § 234 JUDICIAL DISTRICT
DEFENDANT WALLGOOD, LLC D/B/A REMAX ASSOCIATES NORTHEAST’S
RESPONSES TO REQUEST FOR DISCLOSURE AND
DESIGNATION OF EXPERTS
TO: Plaintiff Philippe Cras, by and through his attomeys of record, Ashish Mahendru and.
Darren Braun, Mahendru, P.C., 639 Heights Boulevard, Houston, TX 77007.
Pursuant to the Texas Rules of Civil Procedure, Defendant, WALLGOOD, LLC D/B/A
REMAX ASSOCIATES NORTHEAST, (“Defendant”), serves its responses to Plaintiff’s
Request for Disclosures and Designation of Experts, as follows:
1 The correct names of the parties in the lawsuit. (194.2(a))
RESPONSE:
Wallgood, LLC d/b/a Remax Associates Northeast
The name, addresses and telephone number of any potential parties. (194.2(b))
RESPONSE:
None other than those who have been or will be designated as
Responsible Third Parties.
The legal theories and, in general, the factual basis of your claims. (194.2(c))
RESPONSE:
Defendant denies Plaintiff's allegations. Defendant denies it was negligent or
breached any duty to Plaintiff. Specifically, Defendant's actions with regard to the
transactions at issue were consistent with those of a reasonably prudent real estate
agent in the same or similar circumstances. Defendant further denies that it caused
735634)
any damages to Plaintiff. Defendant asserts a general denial under Rule 92 of the
Texas Rules of Civil Procedure to the petition of Plaintiff and requests that Plaintiff
be required to prove the charges and allegations against Defendant by a
reponderance of the evidence as is required by the Constitution and laws of the
State of Texas.
Defendant affirmatively asserts that Plaintiff's alleged loss and alleged damages, if
any, were proximately caused by the act(s) and/or omission(s) of parties and/or
entities over which Defendant did not exercise control, nor right of control.
Defendant affirmatively asserts that if Plaintiff was damaged as alleged, Plaintiff's
own acts cause his own damages. Further, Plaintiff failed to mitigate his damage
Defendant affirmatively asserts that Plaintiff's damages, if any, resulted from
causes independent of Defendant’s conduct.
Defendant affirmatively asserts that the causal connection between any alleged acts
or omissions of Defendant and the alleged occurrences made the basis of this
lawsuit resulted from a separate and independent agency, not reasonably
foreseeable, which constitutes the immediate cause of the occurrences made the
basis of this lawsuit.
Defendant asserts that if Plaintiff was damaged as alleged, such damages were
legally caused and/or occasioned, in whole or in part, by Plaintiff's own acts or
omissions. Accordingly, Plaintiff's recovery, if any, should be barred or diminished
by his own contributory negligence.
Defendant affirmatively asserts that the acts and/or omissions of one or more third
parties constitute a superseding cause of Plaintiff’s damages, if any.
The amount and method of calculating economic damages. (194.2(d))
RESPONSE:
Not applicable.
The name, address and telephone number of persons having knowledge of relevant facts,
and
a brief statement
of each identified person’s connection
with the case. (194.2(e))
RESPONSE:
See Exhibit A, attached.
735634.
For any testifying expert:
the expert’s name, address, and telephone number;
the subject matter on which the expert will testify;
the general substance of expert’s mental impressions and opinions and a brief
summary of the basis for them, or if the expert is not retained by, employed by,
or otherwise subject to the control of the plaintiff, documents reflecting such
information;
if the expert is retained
by, employed by, or otherwise
subject to the control of
the plaintiff:
all documents, tangible things, reports, models or data compilations that
have been provided to, reviewed by, or preparedby or for the expert in
anticipation of the expert’s testimony; and
the expert’s current resume and biography. (194.2(f)).
RESPONSE:
Sam Houston
Scott,C lawater & Houston, LLP
2727 Allen Parkway, Suite 500
Houston, Texas 77070
(713) 650
Mr. Houston is an attomey licensed in the State of Texas and practices in
Houston, Texas. He will testify as to the reasonable and necessary attomey’s fees and
expenses incurred by Defendant in this suitMr. Houston’s testimony will be based on
hisknowledge, skill, training, education, background, and experience
Candace Wall
c/o Sam Houston
Scott, Clawater & Houston, LLP
2727 Allen Parkway, Suite 500
Houston, TX 77070
(713) 650
Candace Wall is the owner of Wallgood, LLC and has knowledge regarding real
estate transactionsand customary practices. She will testify that it is not normal
procedure
for a buyer to consult
with the seller’s agent about where to send money. Ms.
Wall’s testimony will be based on her personal knowledge, skill, training, education,
background and experience.
Buddy Wall
c/o Sam Houston
Scott, Clawater & Houston, LLP
2727 Allen Parkway, Suite 500
Houston, TX 77070
(713) 650
Buddy Wall is a broker with Wallgood, LLC and has knowledge regarding real
estate transactions and customary practices. He will testify that it is not normal
procedurefor a buyer to consult
with the seller's agent about where to send money. Mr.
Wall’s testimony will be based on his personal knowledge, skill, training, education,
background and experience.
Barbara Noonan
Ms. Noonan was the listing agent for the real estate transaction in question. She
has personal knowledge of the events at issue. She also has general knowledge
regarding real estate transactions and customary practices. She may be called to testify
regarding her personal knowledge of the events at issue and, to the extent she is qualified
to render opinions on customary real estate practices, she may testify regarding normal
procedures in real estate transactions.
Plaintiff’ sExperts
Without vouching for their credibility or qualifications, Defendant reserves the
right to elicit expert testimony from any expert witness identified by Plaintiff
Defendant may elicit testimony from one or more of such experts regarding duties
causation, and damages to the extent the expert is qualified to render opinions on these
topics; however, Defendant reserves the right to challenge the admissibility of any such
opinions or testimony. These individuals may be called in Defendant's case in chief or
in rebuttal.
Defendant's Experts
Without vouching for their credibility or qualifications, Defendant reserves the
tight to elicit expert testimony from any expert witness identified by any co Defendant.
Defendant may elicit testimony from one or more of such experts regarding duties
sation, and damages to the extent the expert is qualified to render opinions on these
topics; however, Defendant reserves the right to challenge the admissibility of any such
opinions or testimony. These individuals may be called in Defendant's case in chief or
in rebuttal.
Non Retained Experts
Any of the persons listed in Exhibit A attached hereto may be called to testify
either live or via their records about the events that occurred
in this case. Defendant may
elicit testimony from one or more of such persons regarding duties, causation, and
damages to the extent the expert is qualified to render opinions on these topics; however,
Defendant reserves the right to challenge the admissibility of any such opinions or
testimony. These individuals may be called in Defendant's case in chief or in rebuttal.
However, Defendant reserves the right to challenge the admissibility of any such
opinions or testimony. Defendant also hereby designates the custodians of records for
each person identified above and in Exhibit A attached hereto.
Any discoverable indemnity and insuring agreements. (194.2(g))
RESPONSE:
Will supplement.
Any discoverable settlement agreements. (194.2(h))
RESPONSE:
None.
Any discoverable witness statements. (194.2(i))
RESPONSE:
None
Ina suit alleging physical or mental injury and damages from the occurrence that is the
subject of this case, all medical records and hills that are reasonably related to the
injuries or damages asserted, or in lieu thereof, an authorization penmitting disclosure of
such medical records
and hills. (194.2(j))
RESPONSE:
Not applicable.
In asuit alleging physical or mental injury and damages from the occurrence that is the
subjectof the case, all medical records and bills obtained by the responding
party by
virtue of an authorization fumished by the requesting party. (194.2(k))
RESPONSE:
Not applicable.
Produce the name, address and telephone number of any person who may be designated
as aresponsible third party. (194.2(1)).
RESPONSE:
Steve Dyer
Brian Herbert
“John Doe”
Respectfully submitted,
SCOTT, CLAWATER & HOUSTON LLP
By: Gam Ky, Loiston
Sam A. Houston
State Bar No. 10059550
shouston@schlawyers.com
2727 Allen Parkway, Suite 500
Houston, Texas
713.650.6600 (Telephone)
713.650.1720 (Facsimile)
TTORNEY FOR EFENDANT
ALLGOOD L.L.C.
REMAX SSOCIATES ORTHEAST
CERTIFICATE OF SERVICE
I hereby certified that a true and correct copy of the foregoing instrument was provided to
all counsel in accordance with the Texas Rules of Civil Procedure on this the dayof August
,_ a follows:
Via E File
Mahendru, P.C.
Ashish Mahendru
amahendru@thelitigationgroup.com
Darren Braun
dbraun@thelitigationgroup.com
639 Heights Boulevard
Houston, Texas 77007
Counsel for Plaintiff
Via E File
ScottBreitenwischer
Scott breitenwscher@roystonlaw.com
Maulik P. Shah
Maulikshah@roystonlaw.com
Royston, Rayzor, Vickery & Williams, LLP
1600 Smith Street, Suite 5000
uston, TX 77002
Counsel for Defendant Stewart Title Compan
Gam Fy, Houston
SAMA. HOUSTON
XHIBIT A
Philippe Cras Plaintiff
Mieke A. Cras
C/o Mahendru, P.C.
639 Heights Blvd.
Houston, TX 77007
(713)
Stewart Title Company Defendan.
Employees, agents and representatives,
including but not limited to:
Yvonne Duncan, Linda Ray
coe Royston, Rayzor, Vickery & Williams,
1600 Smith Street, Suite 5000
Houston, TX 77002
(713) 224
Wallgood, LLC d/b/a ReMax Associates Defendant
Northeast
Employees, agents and representatives,
Including but not limited to:
Candace Wall
Buddy Wall
C/o Scott, Clawater& Houston, LLP
2727 Allen Parkway, Suite 500
Houston, TX 77019
Fran Fennie
Barbara Noonan Listing agent
Stephen W. Dyer Real estate agent for Plaintiff
Pam Garrett
13523 Pine Canyon Place, NE
Albuquerque, NM 87111
Deborah Kim Rainey
1198 Cardiff Circle
Thousand Oaks, CA 91362
Criminal hackers, including
Brian Herbert
Contact information unknown,
(727646)
Preview
NO. 2018-61213 PHILIPPE CRAS, IN THE DISTRICT COURT OF Plaintiff, VS. HARRIS COUNTY, TEXAS STEWART TITLE COMPANY and WALLGOOD, L.L.C. Defendants § 234 JUDICIAL DISTRICT DEFENDANT WALLGOOD, LLC D/B/A REMAX ASSOCIATES NORTHEAST’S RESPONSES TO REQUEST FOR DISCLOSURE AND DESIGNATION OF EXPERTS TO: Plaintiff Philippe Cras, by and through his attomeys of record, Ashish Mahendru and. Darren Braun, Mahendru, P.C., 639 Heights Boulevard, Houston, TX 77007. Pursuant to the Texas Rules of Civil Procedure, Defendant, WALLGOOD, LLC D/B/A REMAX ASSOCIATES NORTHEAST, (“Defendant”), serves its responses to Plaintiff’s Request for Disclosures and Designation of Experts, as follows: 1 The correct names of the parties in the lawsuit. (194.2(a)) RESPONSE: Wallgood, LLC d/b/a Remax Associates Northeast The name, addresses and telephone number of any potential parties. (194.2(b)) RESPONSE: None other than those who have been or will be designated as Responsible Third Parties. The legal theories and, in general, the factual basis of your claims. (194.2(c)) RESPONSE: Defendant denies Plaintiff's allegations. Defendant denies it was negligent or breached any duty to Plaintiff. Specifically, Defendant's actions with regard to the transactions at issue were consistent with those of a reasonably prudent real estate agent in the same or similar circumstances. Defendant further denies that it caused 735634) any damages to Plaintiff. Defendant asserts a general denial under Rule 92 of the Texas Rules of Civil Procedure to the petition of Plaintiff and requests that Plaintiff be required to prove the charges and allegations against Defendant by a reponderance of the evidence as is required by the Constitution and laws of the State of Texas. Defendant affirmatively asserts that Plaintiff's alleged loss and alleged damages, if any, were proximately caused by the act(s) and/or omission(s) of parties and/or entities over which Defendant did not exercise control, nor right of control. Defendant affirmatively asserts that if Plaintiff was damaged as alleged, Plaintiff's own acts cause his own damages. Further, Plaintiff failed to mitigate his damage Defendant affirmatively asserts that Plaintiff's damages, if any, resulted from causes independent of Defendant’s conduct. Defendant affirmatively asserts that the causal connection between any alleged acts or omissions of Defendant and the alleged occurrences made the basis of this lawsuit resulted from a separate and independent agency, not reasonably foreseeable, which constitutes the immediate cause of the occurrences made the basis of this lawsuit. Defendant asserts that if Plaintiff was damaged as alleged, such damages were legally caused and/or occasioned, in whole or in part, by Plaintiff's own acts or omissions. Accordingly, Plaintiff's recovery, if any, should be barred or diminished by his own contributory negligence. Defendant affirmatively asserts that the acts and/or omissions of one or more third parties constitute a superseding cause of Plaintiff’s damages, if any. The amount and method of calculating economic damages. (194.2(d)) RESPONSE: Not applicable. The name, address and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person’s connection with the case. (194.2(e)) RESPONSE: See Exhibit A, attached. 735634. For any testifying expert: the expert’s name, address, and telephone number; the subject matter on which the expert will testify; the general substance of expert’s mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the plaintiff, documents reflecting such information; if the expert is retained by, employed by, or otherwise subject to the control of the plaintiff: all documents, tangible things, reports, models or data compilations that have been provided to, reviewed by, or preparedby or for the expert in anticipation of the expert’s testimony; and the expert’s current resume and biography. (194.2(f)). RESPONSE: Sam Houston Scott,C lawater & Houston, LLP 2727 Allen Parkway, Suite 500 Houston, Texas 77070 (713) 650 Mr. Houston is an attomey licensed in the State of Texas and practices in Houston, Texas. He will testify as to the reasonable and necessary attomey’s fees and expenses incurred by Defendant in this suitMr. Houston’s testimony will be based on hisknowledge, skill, training, education, background, and experience Candace Wall c/o Sam Houston Scott, Clawater & Houston, LLP 2727 Allen Parkway, Suite 500 Houston, TX 77070 (713) 650 Candace Wall is the owner of Wallgood, LLC and has knowledge regarding real estate transactionsand customary practices. She will testify that it is not normal procedure for a buyer to consult with the seller’s agent about where to send money. Ms. Wall’s testimony will be based on her personal knowledge, skill, training, education, background and experience. Buddy Wall c/o Sam Houston Scott, Clawater & Houston, LLP 2727 Allen Parkway, Suite 500 Houston, TX 77070 (713) 650 Buddy Wall is a broker with Wallgood, LLC and has knowledge regarding real estate transactions and customary practices. He will testify that it is not normal procedurefor a buyer to consult with the seller's agent about where to send money. Mr. Wall’s testimony will be based on his personal knowledge, skill, training, education, background and experience. Barbara Noonan Ms. Noonan was the listing agent for the real estate transaction in question. She has personal knowledge of the events at issue. She also has general knowledge regarding real estate transactions and customary practices. She may be called to testify regarding her personal knowledge of the events at issue and, to the extent she is qualified to render opinions on customary real estate practices, she may testify regarding normal procedures in real estate transactions. Plaintiff’ sExperts Without vouching for their credibility or qualifications, Defendant reserves the right to elicit expert testimony from any expert witness identified by Plaintiff Defendant may elicit testimony from one or more of such experts regarding duties causation, and damages to the extent the expert is qualified to render opinions on these topics; however, Defendant reserves the right to challenge the admissibility of any such opinions or testimony. These individuals may be called in Defendant's case in chief or in rebuttal. Defendant's Experts Without vouching for their credibility or qualifications, Defendant reserves the tight to elicit expert testimony from any expert witness identified by any co Defendant. Defendant may elicit testimony from one or more of such experts regarding duties sation, and damages to the extent the expert is qualified to render opinions on these topics; however, Defendant reserves the right to challenge the admissibility of any such opinions or testimony. These individuals may be called in Defendant's case in chief or in rebuttal. Non Retained Experts Any of the persons listed in Exhibit A attached hereto may be called to testify either live or via their records about the events that occurred in this case. Defendant may elicit testimony from one or more of such persons regarding duties, causation, and damages to the extent the expert is qualified to render opinions on these topics; however, Defendant reserves the right to challenge the admissibility of any such opinions or testimony. These individuals may be called in Defendant's case in chief or in rebuttal. However, Defendant reserves the right to challenge the admissibility of any such opinions or testimony. Defendant also hereby designates the custodians of records for each person identified above and in Exhibit A attached hereto. Any discoverable indemnity and insuring agreements. (194.2(g)) RESPONSE: Will supplement. Any discoverable settlement agreements. (194.2(h)) RESPONSE: None. Any discoverable witness statements. (194.2(i)) RESPONSE: None Ina suit alleging physical or mental injury and damages from the occurrence that is the subject of this case, all medical records and hills that are reasonably related to the injuries or damages asserted, or in lieu thereof, an authorization penmitting disclosure of such medical records and hills. (194.2(j)) RESPONSE: Not applicable. In asuit alleging physical or mental injury and damages from the occurrence that is the subjectof the case, all medical records and bills obtained by the responding party by virtue of an authorization fumished by the requesting party. (194.2(k)) RESPONSE: Not applicable. Produce the name, address and telephone number of any person who may be designated as aresponsible third party. (194.2(1)). RESPONSE: Steve Dyer Brian Herbert “John Doe” Respectfully submitted, SCOTT, CLAWATER & HOUSTON LLP By: Gam Ky, Loiston Sam A. Houston State Bar No. 10059550 shouston@schlawyers.com 2727 Allen Parkway, Suite 500 Houston, Texas 713.650.6600 (Telephone) 713.650.1720 (Facsimile) TTORNEY FOR EFENDANT ALLGOOD L.L.C. REMAX SSOCIATES ORTHEAST CERTIFICATE OF SERVICE I hereby certified that a true and correct copy of the foregoing instrument was provided to all counsel in accordance with the Texas Rules of Civil Procedure on this the dayof August ,_ a follows: Via E File Mahendru, P.C. Ashish Mahendru amahendru@thelitigationgroup.com Darren Braun dbraun@thelitigationgroup.com 639 Heights Boulevard Houston, Texas 77007 Counsel for Plaintiff Via E File ScottBreitenwischer Scott breitenwscher@roystonlaw.com Maulik P. Shah Maulikshah@roystonlaw.com Royston, Rayzor, Vickery & Williams, LLP 1600 Smith Street, Suite 5000 uston, TX 77002 Counsel for Defendant Stewart Title Compan Gam Fy, Houston SAMA. HOUSTON XHIBIT A Philippe Cras Plaintiff Mieke A. Cras C/o Mahendru, P.C. 639 Heights Blvd. Houston, TX 77007 (713) Stewart Title Company Defendan. Employees, agents and representatives, including but not limited to: Yvonne Duncan, Linda Ray coe Royston, Rayzor, Vickery & Williams, 1600 Smith Street, Suite 5000 Houston, TX 77002 (713) 224 Wallgood, LLC d/b/a ReMax Associates Defendant Northeast Employees, agents and representatives, Including but not limited to: Candace Wall Buddy Wall C/o Scott, Clawater& Houston, LLP 2727 Allen Parkway, Suite 500 Houston, TX 77019 Fran Fennie Barbara Noonan Listing agent Stephen W. Dyer Real estate agent for Plaintiff Pam Garrett 13523 Pine Canyon Place, NE Albuquerque, NM 87111 Deborah Kim Rainey 1198 Cardiff Circle Thousand Oaks, CA 91362 Criminal hackers, including Brian Herbert Contact information unknown, (727646)