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CAUSE NO. 2017-48075
TOTAL PETROCHEMICALS & IN THE DISTRICT COURT OF
REFINING USA, INC., and
ACE PROPERTY & CASUALTY
INSURANCE COMPANY,
HARRIS COUNTY
KINDER MORGAN PETCOKE, LP
AND KINDER MORGAN
PETCOKE GP LLC 164th DISTRICT COURT
TOTAL PETROCHEMICALS AND REFINING U.S.A., INC.’S
EXPERT DESIGNATION
TOTAL Petrochemicals and Refining U.S.A., Inc. (“TOTAL”) designates its experts
pursuant to this Court’s scheduling order and Rule 194.2(f) as follows:
()) Scott W. Cowan
ONES
717 Texas, Suite 3300
Houston, TX 77002
(832) 239-3721
Mr. Cowan is an attomey licensed to practice in the State of Texas. He may offer expert
testimony regarding the reasonablenessand necessity of attomeys’ fees and expenses incurred by
TOTAL and its employees in connection with underlying lawsuit involving Gary Counts’ death
which were in excess of $1,940,000. It is anticipated that he will testify that TOTAL and its
employees’ fees and expenses were reasonable and necessary.
With regard to the fees incurred by Defendants, Kinder Morgan Petcoke, LP and Kinder
Morgan Petcoke GP, LLC (collectively, “Defendants”) in this lawsuit, Mr. Cowan may offer
expert opinion testimony rebutting any evidence offered by the Defendants in support of the
reasonableness and/or necessity of any attomeys’ fees that they have incurred. Mr. Cowan
camnot present any details conceming his potential testimony in this regard because it is purely
rebuttal in nature, and Defendants have provided no such evidence.
The information that will be considered by Mr. Cowan in forming his opinions include
the fee bills, and the actual amount of fees and costs incurred by TOTAL and its employees and
Defendants, along with the reasonable and necessary rates and fees charged in comparable
cases by lawyers of a similar experience and ability. He may also testify as to the normal and
customary charges in in Harris County, Texas and in Jefferson County, Texas for legal services
rendered in the defense of personal injury cases, such
as Counts’ lawsuit, and in Harris County,
Texas for legal services rendered in the prosecution of breach of contract cases, such
as the case
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4811-1575-6699.4/A7284/A26161/071619
at issue here. His opinions will be based on his knowledge, skill, experience, training, and
education, as well as his involvement
in the defense of the claims asserted against TOTAL in the
Counts’ lawsuit, and his review of the pleadings, motions, discovery requests and responses,
correspondence, applicable law, and any expert reports submitted by Defendants.
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.
Cowan’s cumiculum vitae (or resume) is produced herewith and available at
www,jonesday.conyswcowar/
(2) Lee H. Shidlofsky
HIDLOFSKY AW IRMPLLC
7200 North Mopac Expressway, Suite 430
Austin, Texas 78731
(512) 685
TOTAL hereby fully adopts and incorporates by reference Ace Property & Casualty
Insurance Company’ s expert designation of Lee Shidlofsky as if fully set forth herein.
EXPERTSDESIGNATED BY OTHER PARTIES
TOTALreserves the right to elicit opinion testimony from experts designated by other
parties
in this lawsuit. In the event a present or future party designates an expert, but the partyis
dismissed for any reason from this suit or fails to call any designated expert, TOTAL reserves
the right to call any such party or any such expet previously designated by any
party. TAL reserves the right, however, to challenge
each such expert’s qualifications and/or
the reliability and relevance of said expert’s opinions.
CROSS EXAMINATION
TOTALreserves the right to elicit, by way of cross examination, opinion testimony from
experts designated
and called by other parties to this suit TOTAL may also call, as witnesses
associated
with other parties, any expert witness of any party who may be added to this suit.
RIGHT TO SUPPLEMENT
TOTALreserves the right for its experts to amend and/or supplement their opinions and.
reports as additional information becomes available, including, but not limited to, additional
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1575 6699.4/A7284/A26161/071619
testimony and/or production of documents.TOTAL also reserves the right for its experts to
amend and/or supplement their opinions and reports in response to expert reports (if any) and/or
testimony provided byother parties’ experts. Further TOTAL reserves the right for its experts
to amend and/or supplement their opinions and reports upon ample opportunity to review a
analyze any other date that may be further produced in this matter. Further, TOTAL reserves the
right to supplement this designation upon receipt and review of any documents and/or discovery
responses not provided or produced beforeTOTAL’s expert desi gnation deadline.
RIGHT TO WITHDRAW DESIGNATION
TOTALreserves the right to withdraw the designation of any expert and to re designate
the witness as a consulting
expert who cannot
be called by another party.
RIGHT TO ELICIT ANY EXPERT OR LAY OPINION TESTIMONY
TOTALreserves the right to elicit any expert or lay opinion testimony at the time of trial
which would
be truthful, which would be to the benefit of the jury to determine material issues of
fact, and which would not violate any existing Court Order or theTexas Rules of Civil
Procedure.
GENERAL CROSS EXAMINATION REBUTTAL WITNESSES
In addition to the foregoing, TOTAL hereby reserves the right to call any one or more of
the expert or opinion witnesses designated by any other party in this case, in accordance with
theCourt Order orTexas Rules of Civil Procedure:TOTAL further reserves the right to call any
undesignated rebuttal expert witness whose testimony cannot be reasonably foreseen at this time
or until the designation/admission of such evidence.
1575 6699.4/A7284/A26161/071619
Respectfully submitted,
CLARK HILL STRASBURGER
/s/ Jack ie
JACK CARNEGIE
State Bar No. 03826100
909 Fannin Street, Suite 2300
Houston, Texas 77010
(713) 951 Telephone
(713) 951 Facsimile
ack. amegie@clarkhillstrasburger.com
COUNSEL FOR TOTAL PETROCHEMICALS
& REFINING USA, INC.
CERTIFICATE OF SERVICE
This is to certify that the foregoing document has been forwarded to all counsel pursuant
to the Texas Rules of Civil Procedure on July
/s/ Jack Camegie
JACK CARNEGIE
1575 6699.4/A7284/A26161/071619
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CAUSE NO. 2017-48075 TOTAL PETROCHEMICALS & IN THE DISTRICT COURT OF REFINING USA, INC., and ACE PROPERTY & CASUALTY INSURANCE COMPANY, HARRIS COUNTY KINDER MORGAN PETCOKE, LP AND KINDER MORGAN PETCOKE GP LLC 164th DISTRICT COURT TOTAL PETROCHEMICALS AND REFINING U.S.A., INC.’S EXPERT DESIGNATION TOTAL Petrochemicals and Refining U.S.A., Inc. (“TOTAL”) designates its experts pursuant to this Court’s scheduling order and Rule 194.2(f) as follows: ()) Scott W. Cowan ONES 717 Texas, Suite 3300 Houston, TX 77002 (832) 239-3721 Mr. Cowan is an attomey licensed to practice in the State of Texas. He may offer expert testimony regarding the reasonablenessand necessity of attomeys’ fees and expenses incurred by TOTAL and its employees in connection with underlying lawsuit involving Gary Counts’ death which were in excess of $1,940,000. It is anticipated that he will testify that TOTAL and its employees’ fees and expenses were reasonable and necessary. With regard to the fees incurred by Defendants, Kinder Morgan Petcoke, LP and Kinder Morgan Petcoke GP, LLC (collectively, “Defendants”) in this lawsuit, Mr. Cowan may offer expert opinion testimony rebutting any evidence offered by the Defendants in support of the reasonableness and/or necessity of any attomeys’ fees that they have incurred. Mr. Cowan camnot present any details conceming his potential testimony in this regard because it is purely rebuttal in nature, and Defendants have provided no such evidence. The information that will be considered by Mr. Cowan in forming his opinions include the fee bills, and the actual amount of fees and costs incurred by TOTAL and its employees and Defendants, along with the reasonable and necessary rates and fees charged in comparable cases by lawyers of a similar experience and ability. He may also testify as to the normal and customary charges in in Harris County, Texas and in Jefferson County, Texas for legal services rendered in the defense of personal injury cases, such as Counts’ lawsuit, and in Harris County, Texas for legal services rendered in the prosecution of breach of contract cases, such as the case Page 4811-1575-6699.4/A7284/A26161/071619 at issue here. His opinions will be based on his knowledge, skill, experience, training, and education, as well as his involvement in the defense of the claims asserted against TOTAL in the Counts’ lawsuit, and his review of the pleadings, motions, discovery requests and responses, correspondence, applicable law, and any expert reports submitted by Defendants. 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. Cowan’s cumiculum vitae (or resume) is produced herewith and available at www,jonesday.conyswcowar/ (2) Lee H. Shidlofsky HIDLOFSKY AW IRMPLLC 7200 North Mopac Expressway, Suite 430 Austin, Texas 78731 (512) 685 TOTAL hereby fully adopts and incorporates by reference Ace Property & Casualty Insurance Company’ s expert designation of Lee Shidlofsky as if fully set forth herein. EXPERTSDESIGNATED BY OTHER PARTIES TOTALreserves the right to elicit opinion testimony from experts designated by other parties in this lawsuit. In the event a present or future party designates an expert, but the partyis dismissed for any reason from this suit or fails to call any designated expert, TOTAL reserves the right to call any such party or any such expet previously designated by any party. TAL reserves the right, however, to challenge each such expert’s qualifications and/or the reliability and relevance of said expert’s opinions. CROSS EXAMINATION TOTALreserves the right to elicit, by way of cross examination, opinion testimony from experts designated and called by other parties to this suit TOTAL may also call, as witnesses associated with other parties, any expert witness of any party who may be added to this suit. RIGHT TO SUPPLEMENT TOTALreserves the right for its experts to amend and/or supplement their opinions and. reports as additional information becomes available, including, but not limited to, additional Page 1575 6699.4/A7284/A26161/071619 testimony and/or production of documents.TOTAL also reserves the right for its experts to amend and/or supplement their opinions and reports in response to expert reports (if any) and/or testimony provided byother parties’ experts. Further TOTAL reserves the right for its experts to amend and/or supplement their opinions and reports upon ample opportunity to review a analyze any other date that may be further produced in this matter. Further, TOTAL reserves the right to supplement this designation upon receipt and review of any documents and/or discovery responses not provided or produced beforeTOTAL’s expert desi gnation deadline. RIGHT TO WITHDRAW DESIGNATION TOTALreserves the right to withdraw the designation of any expert and to re designate the witness as a consulting expert who cannot be called by another party. RIGHT TO ELICIT ANY EXPERT OR LAY OPINION TESTIMONY TOTALreserves the right to elicit any expert or lay opinion testimony at the time of trial which would be truthful, which would be to the benefit of the jury to determine material issues of fact, and which would not violate any existing Court Order or theTexas Rules of Civil Procedure. GENERAL CROSS EXAMINATION REBUTTAL WITNESSES In addition to the foregoing, TOTAL hereby reserves the right to call any one or more of the expert or opinion witnesses designated by any other party in this case, in accordance with theCourt Order orTexas Rules of Civil Procedure:TOTAL further reserves the right to call any undesignated rebuttal expert witness whose testimony cannot be reasonably foreseen at this time or until the designation/admission of such evidence. 1575 6699.4/A7284/A26161/071619 Respectfully submitted, CLARK HILL STRASBURGER /s/ Jack ie JACK CARNEGIE State Bar No. 03826100 909 Fannin Street, Suite 2300 Houston, Texas 77010 (713) 951 Telephone (713) 951 Facsimile ack. amegie@clarkhillstrasburger.com COUNSEL FOR TOTAL PETROCHEMICALS & REFINING USA, INC. CERTIFICATE OF SERVICE This is to certify that the foregoing document has been forwarded to all counsel pursuant to the Texas Rules of Civil Procedure on July /s/ Jack Camegie JACK CARNEGIE 1575 6699.4/A7284/A26161/071619