On December 11, 2007 a
Motion,Ex Parte
was filed
involving a dispute between
Mcdaniel, A'Leta (Individually And As Next Friend,
Mcdaniel, A'Leta(Individually And As Next Of Friend Of Carney Mcdaniel,
Mcdaniel, Billy Jack (Individually And As Next Fri,
Mcdaniel, Billy Jack (Individually And As Next Of Friend Of Carney,
Mcdaniel, Carney,
New Hampshire Insurance Company,
Sonerra Resources Corporation,
and
Advanced Polymer Techologies Iic,
Harbor Products Inc,
Kirkhill Manufacturing Comapny,
Kmc Rubber Products,
Smith International Inc,
Sonerra Resources Corporation,
Helmerich & Payne International Drilling Co,
Mcdaniel, A'Leta,
Mcdaniel, Billy Jack,
for DAMAGES (OTH)
in the District Court of Harris County.
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CAUSE NO. 2007-75537
BILLY JACK MCDANIEL, A’LETA § IN THE DISTRICT COURT
§
a
MCDANIEL INDIVIDUALLY AND AS
NEXT FRIEND OF CARNEY § &,
MCDANIEL, A MINOR §
§ Hex. % ‘oO,
VS. § OF HARRIS COUNTY, T! Qs Ne
§ Oe
Ae
ee Tot
oO
SMITH INTERNATIONAL, INC.
*D,
SONERRA RESOURCES CORPORATIONS§ 615 JUDICIAL DISTRICT YY 2OO %,
DEFENDANT, SONERRA RESOURCES CORPORATION’S
MOTION TO QUASH
NOW COMES, SONERRA RESOURCES CORPORATION (SONERRA), by and
through its attorney ofrecord and files its Motion to Quash the deposition of Rick Baron, and would
respectfully show unto this honorable Court the following
L
Movant objects to the deposition of Defendant’s expert, Rick Baron, for the reason that on
April 20, 2009, counsel for Defendant received Smith International, Inc.’s First Amended Notice of
Intention to Take the Oral and Videotaped Deposition of Rick Baron. These depositions were noticed
without agreement of the parties to this litigation. Counsel for Defendant would show that he has
been unable to confirm with Mr. Baron that he can be available on June 3, 2009 as noticed.
WHEREFORE, PREMISES CONSIDERED, Defendant, SONERRA RESOURCES
CORPORATION, respectfully requests the Court grant its Motion to Quash and for such other and
further relief to which it may show itself justly entitled.
—
Motion to Quash Page |
Respectfully submitted,
THE PARKER FIRM, P.C.
3808 Old Jacksonville Road
Tyler, Texas 75701
(903) 595-4541
(903) 595-2864 Facsimile
State Bar No. 00786153
W. TODD PARKER
State Bar No. 00794424
SARA STUART MYERS
State Bar No. 24066161
ANDREW T. MCKINNEY IV
Additional Counsel
State Bar No. 13716800
McKinney & Cooper, L.L.P.
Three Riverway, Suite 500
Houston, Texas 77056
Telephone: 713/623-6868
Facsimile: 713/623-8222
ADDITIONAL COUNSEL FOR DEFENDANT
AND CROSS-PLAINTIFF, SONERRA
RESOURCES CORPORATION
—
Motion to Quash Page 2
CERTIFICATE OF SERVICE
Thereby certify that a true and correct copy of the above and foregoing instrument has been
served upon all known counsel of record in accordance with the Texas Rules of Civil Procedure on
this the _21* day of _April_, 2009 and properly addressed as follows:
Chris McDaniel Joe Grady Tuck
Hortman, Harlow, Martindale, Law Office of Joe Grady Tuck
Bassi, Robinson & McDaniel 1404 Pine Street
414 West Oak Street Bastrop, Tx 78602
Laurel, MS 39440 Attorney for Defendant, Harbor Products
Attorney for Plaintiffs
Derek R. Van Gilder
Douglas Ketterman Law Offices of Derek R. Van Gilder
Ketterman, Rowland & Westlund 916 Main Street
16500 San Pedro, Suite 302 Bastrop, Tx 78602
San Antonio, Tx 78232 Attorney for Defendant, Harbor Products
Attorneys for Plaintiffs
Ronald Max Raydon
Jeffrey W. Davis 1718 Fry Road, Suite 450
Geoffrey H. Bracken Houston, Tx 77084
Pater Scaff Attorney for Defendant, Advanced Polymer
Gardere Wynne Sewell LLP Technologies, LLC
1000 Louisiana, Suite 400
Houston, Tx 77002 John C. Kilpatrick
Attorney for Smith International, Inc. Kilpatrick & White
2777 Allen Parkway, Suite 622
E. Wayne Shuffield Houston, Tx 77019
Adami, Shuffield, Scheihing & Burns Attorneys for Kirkhill Manufacturing
9311 San pedro Ave., Suite 900 Company
San Antonio, Tx 78216 aka KMC Rubber Products
Attorneys of Intervenor
Mr. Christopher Evans
Adams and Reese LLP
4400 One Houston Center
1221 McKinney Street
Houston, Texas 77010
Attorneys for Helmerich & Payne
SARA STUART MYERS
—
Motion to Quash Page 3
STATE OF TEXAS §
COUNTY OF SMITH §
AFFIDAVIT OF SARA STUART MYERS
BEFORE ME, the undersigned notary public, personally appeared Sara Stuart Myers, who
being duly sworn, deposed and said:
"My name is Sara Stuart Myers. Iam an attorney for Defendant, SONERRA RESOURCES
CORPORATION. lam familiar with the above cause and the facts contained therein are within
my personal knowledge and are true and correct.”
"Further A ffiant saith not."
SARA STUART MYER:
SUBSCRIBED AND SWORN TO BEFORE ME on this the 4 a day of ( UL Yr ( >
2009.
i, CHELLE CURRY NOTARY PUBLIC
ate ‘of Texes
ss Notary Public, St State of Texas
“eptember Ww 201
Bis
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p-4 * CAUSE NO. 2007-75537 BILLY JACK MCDANIEL, A’LETA § IN THE DISTRICT COURT § a MCDANIEL INDIVIDUALLY AND AS NEXT FRIEND OF CARNEY § &, MCDANIEL, A MINOR § § Hex. % ‘oO, VS. § OF HARRIS COUNTY, T! Qs Ne § Oe Ae ee Tot oO SMITH INTERNATIONAL, INC. *D, SONERRA RESOURCES CORPORATIONS§ 615 JUDICIAL DISTRICT YY 2OO %, DEFENDANT, SONERRA RESOURCES CORPORATION’S MOTION TO QUASH NOW COMES, SONERRA RESOURCES CORPORATION (SONERRA), by and through its attorney ofrecord and files its Motion to Quash the deposition of Rick Baron, and would respectfully show unto this honorable Court the following L Movant objects to the deposition of Defendant’s expert, Rick Baron, for the reason that on April 20, 2009, counsel for Defendant received Smith International, Inc.’s First Amended Notice of Intention to Take the Oral and Videotaped Deposition of Rick Baron. These depositions were noticed without agreement of the parties to this litigation. Counsel for Defendant would show that he has been unable to confirm with Mr. Baron that he can be available on June 3, 2009 as noticed. WHEREFORE, PREMISES CONSIDERED, Defendant, SONERRA RESOURCES CORPORATION, respectfully requests the Court grant its Motion to Quash and for such other and further relief to which it may show itself justly entitled. — Motion to Quash Page | Respectfully submitted, THE PARKER FIRM, P.C. 3808 Old Jacksonville Road Tyler, Texas 75701 (903) 595-4541 (903) 595-2864 Facsimile State Bar No. 00786153 W. TODD PARKER State Bar No. 00794424 SARA STUART MYERS State Bar No. 24066161 ANDREW T. MCKINNEY IV Additional Counsel State Bar No. 13716800 McKinney & Cooper, L.L.P. Three Riverway, Suite 500 Houston, Texas 77056 Telephone: 713/623-6868 Facsimile: 713/623-8222 ADDITIONAL COUNSEL FOR DEFENDANT AND CROSS-PLAINTIFF, SONERRA RESOURCES CORPORATION — Motion to Quash Page 2 CERTIFICATE OF SERVICE Thereby certify that a true and correct copy of the above and foregoing instrument has been served upon all known counsel of record in accordance with the Texas Rules of Civil Procedure on this the _21* day of _April_, 2009 and properly addressed as follows: Chris McDaniel Joe Grady Tuck Hortman, Harlow, Martindale, Law Office of Joe Grady Tuck Bassi, Robinson & McDaniel 1404 Pine Street 414 West Oak Street Bastrop, Tx 78602 Laurel, MS 39440 Attorney for Defendant, Harbor Products Attorney for Plaintiffs Derek R. Van Gilder Douglas Ketterman Law Offices of Derek R. Van Gilder Ketterman, Rowland & Westlund 916 Main Street 16500 San Pedro, Suite 302 Bastrop, Tx 78602 San Antonio, Tx 78232 Attorney for Defendant, Harbor Products Attorneys for Plaintiffs Ronald Max Raydon Jeffrey W. Davis 1718 Fry Road, Suite 450 Geoffrey H. Bracken Houston, Tx 77084 Pater Scaff Attorney for Defendant, Advanced Polymer Gardere Wynne Sewell LLP Technologies, LLC 1000 Louisiana, Suite 400 Houston, Tx 77002 John C. Kilpatrick Attorney for Smith International, Inc. Kilpatrick & White 2777 Allen Parkway, Suite 622 E. Wayne Shuffield Houston, Tx 77019 Adami, Shuffield, Scheihing & Burns Attorneys for Kirkhill Manufacturing 9311 San pedro Ave., Suite 900 Company San Antonio, Tx 78216 aka KMC Rubber Products Attorneys of Intervenor Mr. Christopher Evans Adams and Reese LLP 4400 One Houston Center 1221 McKinney Street Houston, Texas 77010 Attorneys for Helmerich & Payne SARA STUART MYERS — Motion to Quash Page 3 STATE OF TEXAS § COUNTY OF SMITH § AFFIDAVIT OF SARA STUART MYERS BEFORE ME, the undersigned notary public, personally appeared Sara Stuart Myers, who being duly sworn, deposed and said: "My name is Sara Stuart Myers. Iam an attorney for Defendant, SONERRA RESOURCES CORPORATION. lam familiar with the above cause and the facts contained therein are within my personal knowledge and are true and correct.” "Further A ffiant saith not." SARA STUART MYER: SUBSCRIBED AND SWORN TO BEFORE ME on this the 4 a day of ( UL Yr ( > 2009. i, CHELLE CURRY NOTARY PUBLIC ate ‘of Texes ss Notary Public, St State of Texas “eptember Ww 201 Bis