Preview
CAUSE NO. 2017-48075
TOTAL PETROCHEMICALS & REFINING § IN THE DISTRICT COURT OF
USA, INC. and ACE PROPERTY & §
CASUALTY INSURANCE COMPANY §
vs. HARRIS COUNTY, TEXAS
KINDER MORGAN PETCOKE, LP and. §
KINDER MORGAN PETCOKE GP LLC § 164th JUDICIAL DISTRICT
KINDER MORGAN PETCOKE, LP AND KINDER MORGAN PETCOKE GP LLC’S
DESIGNATION OF EXPERT WITNESSES
Defendants, Kinder Morgan Petcoke, LP and Kinder Morgan Petcoke GP
(collectively “Kinder Morgan”), serve their Designation of Expert Witnesses, as follows:
James M. Bettis, Jr.
UNSCH ARDT OPF ARR P.C.
700 Milam, Suite 2700
Houston, Texas 77002
713-222-1470
Mr. Bettis is an attomey licensed to practice in the state of Texas.He may offer expert
opinion testimony regarding the reasonableness and necessity of attomeys’ fees and expenses
incurred by Plaintiffs, Total Petrochemicals & Refining USA, Inc. (“TOTAL”) and Ace Property
& Casualty Insurance Company (“CHUBB”) (collectively “Plaintiffs”) in this lawsuit. With
regard to the fees incurred by Plaintiffs, Mr. Bettis may offer expert opinion testimony rebutting
any evidence offered by the Plaintiffs in support of the reasonableness and/or necessity of any
attomeys’ fees that they have incurred. Mr. Bettis cannot present any details conceming his
potential testimony in this regard because it is purely rebuttal in nature and Plaintiffs have
provided
no such evidence. With regard to the fees incurred by Kinder Morgan, Mr. Bettis
camnot render a full opinion at this time because the fees are continuing to be accrued. However,
it is anticipated that he will testify that Kinder Morgan’ s fees were reasonable and necessary.
The information that will be considered by Mr. Bettis in forming his opinions include the
fee bills, and the actual amount of fees and costs incurred by Kinder Morgan and Plaintiffs, along
with the reasonable and necessary rates and fees changed in comparable cases by lawyers of a
similar experience
and ability. He may also testify as to the normal and customary charges in
Harris County, Texas for legal services rendered in the prosecution of breach of contract, such as
the case at issue
here. His opinions will be based on his knowledge, skill, experience, training,
and education, as well as their review of the pleadings, motions, discovery requests and
responses, correspondence, applicable law, and any expert reports submitted by Plaintiffs.
Mr. Bettis is not being compensated for his testimony. The only exhibits that are
anticipated
to be used at this time are the fee bills and other supporting expense documents along
with a potential summary of these fees and expenses. Mr. Bettis’ curriculum vitae (or resume) is
available online at www.munsch.com.
John W.Bridger
Michael T. Bridwell
TRONG IPKIN ISSELL EDYARD L.L.P
4900 Woodway Drive Suite 1200
Houston, Texas 77002
Mr. Bridger
and Mr. Bridwell are attomeys licensed to practice in the state of Texas.
They may offer expert opinion testimony regarding the reasonableness and necessity of
attomeys’ fees and expenses incurred by TOTAL and its employees in the underlying lawsuit
involving Gary Counts’ death. With regard to the fees incurred by TOTAL and its employees,
they may offer expert opinion testimony rebutting any evidence offered by the Plaintiffs in
support of the reasonableness and/or necessity of any attomeys’ fees incurred. Mr. Bridger and
Mr. Bridwell cannot present any details conceming their potential testimony in this regard
because
it is purely rebuttal in nature and Plaintiffs
have provided no such evidence.
The information
that will be considered
by Mr. Bridger and Mr. Bridwell in forming their
opinions will include the fee bills, and the actual amount of fees and costs incurred by by
TOTAL and its employees, along with the reasonable and necessary rates and fees changed in
comparable cases by lawyers of a similar experience and ability. They may also testify as to the
normal and customary charges in Jefferson County, Texas for legal services rendered in the
defense
of personal injury cases, such as the Counts’ Lawsuit. Their opinions will be based on
their knowledge, skill, experience, training,
and education, as well as their review of the
Pleadings, motions, discovery requests and responses, correspondence, applicable law, and any
expert reports submitted by Plaintiffs.
Mr. Bridger and Mr. Bridwell are not currently being compensated for their testimony.
The only exhibits that are anticipated
to be used at this time are the fee bills and other supporting
expense documents along with a potential summary of these fees and expenses. Mr. Bridger’s
and Mr. Bridwell’s curriculum vitae (or resume) is available online at www.strongpipkin.com.
Jack G. Camegie
Kelly H. Leonard
TRASBURGER RICE LLP
909 Fannin, Suite 2300
Houston, Texas 77010
Counsel for Plaintiff,
Total Petrochemicals & Refining USA, Inc.
SarahR. Smith
EWIS RISBOIS ISGAARD MITH LLP
24 East Greenway Plaza, Suite 1400
Houston, Texas 77046
Counselfor Plaintiff,
Ace Property & Casualty Insurance Company
Kinder Morgan reserves the right to designate any additional expert witnesses, should it
become necessary to do so.
Kinder Morgan further reserves the right to call any rebuttal expert witness or
peaching witness whose testimony cannot be anticipated before the time of trial and/or as
should become necessary
in the trial of this cause.
Respectfully submitted,
MUNSCH HARDT KOPF & HARR, P.C.
By: /s/ James M Bettis, Jr.
James M. Bettis, Jr.
jbettis@munsch.com
State Bar No. 02268650
Justin K. Ratley
State Bar No.
jretley@munsch.com.
700 Milam Street, Suite 2700
Houston, Texas 77002
Tel: (713) 222
Fax: (713) 222
Emest “Butch” Boyd Jr.
State Bar No. 00783694.
butchboyd@butchboydlawfimm.com
UICH OYD AW IRM
2905 Sackett St.
Houston, Texas 77098
Tel: (713) 589
ATTORNEYS FOR DEFENDANTS,
KINDER MORGAN PETCOKE, LP AND
KINDER MORGAN PETCOKE GP, LLC
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been served on the
following counsel of record on this the 16th day of July, 2019 in accordance with the Texas
Rules of Civil Procedure:
Jack G. Camegie
Kelly H. Leonard
Strasburger & Price, LLP
909 Fannin, Suite 2300
Houston, Texas 77010
Jack.camegie@strasburger.com
Kelly.leonard@strasburger.com
Sarah R. Smith
Lewis Brisbois Bisgaard & Smith, LLP
24 East Greenway Plaza, Suite 1400
Houston, Texas 77046
Sarah. Smith@lewishrisbois.com
/s/ James M. Bettis, Tr.
mes M. B ttisJr.
4824 7563 2796v.1
Preview
CAUSE NO. 2017-48075 TOTAL PETROCHEMICALS & REFINING § IN THE DISTRICT COURT OF USA, INC. and ACE PROPERTY & § CASUALTY INSURANCE COMPANY § vs. HARRIS COUNTY, TEXAS KINDER MORGAN PETCOKE, LP and. § KINDER MORGAN PETCOKE GP LLC § 164th JUDICIAL DISTRICT KINDER MORGAN PETCOKE, LP AND KINDER MORGAN PETCOKE GP LLC’S DESIGNATION OF EXPERT WITNESSES Defendants, Kinder Morgan Petcoke, LP and Kinder Morgan Petcoke GP (collectively “Kinder Morgan”), serve their Designation of Expert Witnesses, as follows: James M. Bettis, Jr. UNSCH ARDT OPF ARR P.C. 700 Milam, Suite 2700 Houston, Texas 77002 713-222-1470 Mr. Bettis is an attomey licensed to practice in the state of Texas.He may offer expert opinion testimony regarding the reasonableness and necessity of attomeys’ fees and expenses incurred by Plaintiffs, Total Petrochemicals & Refining USA, Inc. (“TOTAL”) and Ace Property & Casualty Insurance Company (“CHUBB”) (collectively “Plaintiffs”) in this lawsuit. With regard to the fees incurred by Plaintiffs, Mr. Bettis may offer expert opinion testimony rebutting any evidence offered by the Plaintiffs in support of the reasonableness and/or necessity of any attomeys’ fees that they have incurred. Mr. Bettis cannot present any details conceming his potential testimony in this regard because it is purely rebuttal in nature and Plaintiffs have provided no such evidence. With regard to the fees incurred by Kinder Morgan, Mr. Bettis camnot render a full opinion at this time because the fees are continuing to be accrued. However, it is anticipated that he will testify that Kinder Morgan’ s fees were reasonable and necessary. The information that will be considered by Mr. Bettis in forming his opinions include the fee bills, and the actual amount of fees and costs incurred by Kinder Morgan and Plaintiffs, along with the reasonable and necessary rates and fees changed in comparable cases by lawyers of a similar experience and ability. He may also testify as to the normal and customary charges in Harris County, Texas for legal services rendered in the prosecution of breach of contract, such as the case at issue here. His opinions will be based on his knowledge, skill, experience, training, and education, as well as their review of the pleadings, motions, discovery requests and responses, correspondence, applicable law, and any expert reports submitted by Plaintiffs. Mr. Bettis is not being compensated for his testimony. The only exhibits that are anticipated to be used at this time are the fee bills and other supporting expense documents along with a potential summary of these fees and expenses. Mr. Bettis’ curriculum vitae (or resume) is available online at www.munsch.com. John W.Bridger Michael T. Bridwell TRONG IPKIN ISSELL EDYARD L.L.P 4900 Woodway Drive Suite 1200 Houston, Texas 77002 Mr. Bridger and Mr. Bridwell are attomeys licensed to practice in the state of Texas. They may offer expert opinion testimony regarding the reasonableness and necessity of attomeys’ fees and expenses incurred by TOTAL and its employees in the underlying lawsuit involving Gary Counts’ death. With regard to the fees incurred by TOTAL and its employees, they may offer expert opinion testimony rebutting any evidence offered by the Plaintiffs in support of the reasonableness and/or necessity of any attomeys’ fees incurred. Mr. Bridger and Mr. Bridwell cannot present any details conceming their potential testimony in this regard because it is purely rebuttal in nature and Plaintiffs have provided no such evidence. The information that will be considered by Mr. Bridger and Mr. Bridwell in forming their opinions will include the fee bills, and the actual amount of fees and costs incurred by by TOTAL and its employees, along with the reasonable and necessary rates and fees changed in comparable cases by lawyers of a similar experience and ability. They may also testify as to the normal and customary charges in Jefferson County, Texas for legal services rendered in the defense of personal injury cases, such as the Counts’ Lawsuit. Their opinions will be based on their knowledge, skill, experience, training, and education, as well as their review of the Pleadings, motions, discovery requests and responses, correspondence, applicable law, and any expert reports submitted by Plaintiffs. Mr. Bridger and Mr. Bridwell are not currently being compensated for their testimony. The only exhibits that are anticipated to be used at this time are the fee bills and other supporting expense documents along with a potential summary of these fees and expenses. Mr. Bridger’s and Mr. Bridwell’s curriculum vitae (or resume) is available online at www.strongpipkin.com. Jack G. Camegie Kelly H. Leonard TRASBURGER RICE LLP 909 Fannin, Suite 2300 Houston, Texas 77010 Counsel for Plaintiff, Total Petrochemicals & Refining USA, Inc. SarahR. Smith EWIS RISBOIS ISGAARD MITH LLP 24 East Greenway Plaza, Suite 1400 Houston, Texas 77046 Counselfor Plaintiff, Ace Property & Casualty Insurance Company Kinder Morgan reserves the right to designate any additional expert witnesses, should it become necessary to do so. Kinder Morgan further reserves the right to call any rebuttal expert witness or peaching witness whose testimony cannot be anticipated before the time of trial and/or as should become necessary in the trial of this cause. Respectfully submitted, MUNSCH HARDT KOPF & HARR, P.C. By: /s/ James M Bettis, Jr. James M. Bettis, Jr. jbettis@munsch.com State Bar No. 02268650 Justin K. Ratley State Bar No. jretley@munsch.com. 700 Milam Street, Suite 2700 Houston, Texas 77002 Tel: (713) 222 Fax: (713) 222 Emest “Butch” Boyd Jr. State Bar No. 00783694. butchboyd@butchboydlawfimm.com UICH OYD AW IRM 2905 Sackett St. Houston, Texas 77098 Tel: (713) 589 ATTORNEYS FOR DEFENDANTS, KINDER MORGAN PETCOKE, LP AND KINDER MORGAN PETCOKE GP, LLC CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been served on the following counsel of record on this the 16th day of July, 2019 in accordance with the Texas Rules of Civil Procedure: Jack G. Camegie Kelly H. Leonard Strasburger & Price, LLP 909 Fannin, Suite 2300 Houston, Texas 77010 Jack.camegie@strasburger.com Kelly.leonard@strasburger.com Sarah R. Smith Lewis Brisbois Bisgaard & Smith, LLP 24 East Greenway Plaza, Suite 1400 Houston, Texas 77046 Sarah. Smith@lewishrisbois.com /s/ James M. Bettis, Tr. mes M. B ttisJr. 4824 7563 2796v.1