On August 22, 2018 a
Trial Materials
was filed
involving a dispute between
Bigbey, Colby,
Bigbey, Colby (On Behalf Of His Minor Children Dependents B A S,
Bigbey, Mariah,
B, R K,
O, E E,
S, B A,
Smith, Mariah ) (On Behalf Of Her Minor Children Dependents,
and
Baker Hughes,
Baker Hughes A Ge Company Llc,
Baker Hughes Oilfield Operations Llc,
Baker Petrolite Llc,
Bedrock Petroleum Consultants Llc,
Devon Energy Corporation,
Devon Energy Production Company L P,
Devon Energy Production Company L P (Improperly Named As,
Tite Water Llc,
Wild Willys Welding Llc,
Title Water Energy Llc,
for PERSONAL INJ (NON-AUTO)
in the District Court of Harris County.
Preview
JUDICIAL DISTRICT
Defendant Tite Water Energy, LLC (“Tite Water”) files this Notice of Joinder
and Adoption of the Trial B and Response to Plaintiff’s Motion to Take Judicial
filed on May 6, 2021 by Devon Energy Production Company, LP
To the extent the arguments made by Devon pertain to Tite Water, Tite Water
In addition to adopting the arguments made by Devon generally, Tite Water
would also direct the Court to some specific proposed exhibits of Plaintiff that
pertain to Tite Water of which that the Court should not take judicial notice or
allow for preadmission or admission without a proper predicate regarding
Plaintiff’s proposed Exhibits 34, 36 and 40 concern the OSHA investigation
of Tite Water. For the reasons stated in the brief filed by Devon, these exhibits
should not be the subject of judicial notice or preadmitted or admitted without
a proper predicate being established. (See pages 3 through 8 of Devon’s brief).
In addition, Plaintiff’s proposed Exhibits 48 and 49 concern guidelines
from the American Petroleum Institute (“API”), specifically API 2219. As noted in
Devon’s brief, such standards from a third-party organization such as API will
confuse the issues before the jury. In addition, the API publication is presented
as a guideline only, and is not intended to replace legal standards. The API
documents are not self-authenticating, and the Court should not take judicial
notice of these documents and should not allow such documents to be
introduced as evidence in this case. Tex. R. Evid. 403.
Prayer
Tite Water prays this Court recognize the notice of and adoption of
pleadings made by Tite Water, as outlined above. Tite Water further prays this
this Court deny Plaintiff’s motion to take judicial notice. Tite Water requests that
the evidence referenced in Devon’s brief and further outlined in this notice not
be admitted and, alternatively, that the evidence must be authenticated and
otherwise proven up with a proper predicate before the jury. Tite Water further
prays for all other relief to which it is entitled.
[signature next page]
2
Respectfully submitted,
BUSH & RAMIREZ, PLLC
By: /s/ George T. Jackson
George T. Jackson
SBN: 10466950
John (Ken) Woodard
SBN: 00791955
Terria M. Hutchinson
SBN: 24078708
5615 Kirby Drive, Suite 900
Houston, Texas 77005
Telephone: (713) 626-1555
Telecopier: (713) 622-8077
Email: gjackson.atty@bushramirez.com
Counsel for Defendant
TITE WATER ENERGY, LLC (Incorrectly
named as Tite Water LLC)
3
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing instrument has been sent to all
interested counsel on this 6th day of May, 2021.
Via E-Service: msfiling@morrowsheppard.com
Nicholas A. Morrow
MORROW & SHEPPARD LLP
3701 Kirby Dr., Ste 1000
Houston, TX 77098
Counsel for Plaintiff, Colby Bigbey
Via E-Service: bcano@feesmith.com; rdarville@feesmith.com
Brian G. Cano and Ross Darville
FEE, SMITH, SHARP & VITULLO, L.L.P.
2727 Allen Parkway, Suite 1880
Houston, TX 77019
Via E-Service: leah@rudnickifirm.com; meredith@rudnickifirm.com;
casemanager@rudnickifirm.com
Leah T. Rudnicki
Meredith W. Wolfe
The Rudnicki Firm
7201 N. Classen Boulevard, Suite 204
Oklahoma City, OK 73116
Counsel for Defendant, Baker Hughes, A GE Company, LLC
Via E-Service: gjackson.atty@bushramirez.com
George T. Jackson
BUSH & RAMIREZ, PLLC
5615 Kirby Drive, Suite 900
Houston, Texas 77005
Counsel for Defendant, Tite Water Energy, LLC
Via E-Service: jcollura@bradley.com; jlipsitz@bradley.com
James A. Collura, Jr. and Jamie C. Lipsitz
BRADLEY ARANT BOULT CUMMINGS LLP
600 Travis, Suite 4800
Houston, Texas 77002
Counsel for Defendant, Wild Willy’s Welding, Inc.
4
Via E-Service: apool@donatominxbrown.com;
ahouston@donatominxbrown.com
Aaron Pool
Alvin D. Houston
DONATO, MINX, BROWN & POOL, P.C.
3200 Southwest Freeway Phoenix Tower, Suite 2300
Houston, Texas 77027-7525
Counsel for Defendant, Bedrock Petroleum Consultants, LLC
Via E-Service: Jeffrey@jdiamondandassociates.com;
Ann@jdiamondandassociates.com
Jeffrey L. Diamond
Ann E. Knight
Diamond & Associates
730 North Loop
Houston, Texas 77009
Via E-Service: barger@wrightclosebarger.com
snead@wrightclosebarger.com
hurta@wrightclosebarger.com
Jessica Z. Barger
Bradley W. Snead
Michael Adams-Hurta
WRIGHT CLOSE & BARGER, LLP
One Riverway, Suite 2200
Houston, Texas 77056
Via E-Service: jayers@ayersfirm.com
John Ayers
Ayers and Ayers
8140 Walnut Hill, Suite 830
Dallas, TX 75231
Counsel for Defendant, Devon Energy Production Company, L.P.
/s/George T. Jackson
George T. Jackson
5
Preview
JUDICIAL DISTRICT Defendant Tite Water Energy, LLC (“Tite Water”) files this Notice of Joinder and Adoption of the Trial B and Response to Plaintiff’s Motion to Take Judicial filed on May 6, 2021 by Devon Energy Production Company, LP To the extent the arguments made by Devon pertain to Tite Water, Tite Water In addition to adopting the arguments made by Devon generally, Tite Water would also direct the Court to some specific proposed exhibits of Plaintiff that pertain to Tite Water of which that the Court should not take judicial notice or allow for preadmission or admission without a proper predicate regarding Plaintiff’s proposed Exhibits 34, 36 and 40 concern the OSHA investigation of Tite Water. For the reasons stated in the brief filed by Devon, these exhibits should not be the subject of judicial notice or preadmitted or admitted without a proper predicate being established. (See pages 3 through 8 of Devon’s brief). In addition, Plaintiff’s proposed Exhibits 48 and 49 concern guidelines from the American Petroleum Institute (“API”), specifically API 2219. As noted in Devon’s brief, such standards from a third-party organization such as API will confuse the issues before the jury. In addition, the API publication is presented as a guideline only, and is not intended to replace legal standards. The API documents are not self-authenticating, and the Court should not take judicial notice of these documents and should not allow such documents to be introduced as evidence in this case. Tex. R. Evid. 403. Prayer Tite Water prays this Court recognize the notice of and adoption of pleadings made by Tite Water, as outlined above. Tite Water further prays this this Court deny Plaintiff’s motion to take judicial notice. Tite Water requests that the evidence referenced in Devon’s brief and further outlined in this notice not be admitted and, alternatively, that the evidence must be authenticated and otherwise proven up with a proper predicate before the jury. Tite Water further prays for all other relief to which it is entitled. [signature next page] 2 Respectfully submitted, BUSH & RAMIREZ, PLLC By: /s/ George T. Jackson George T. Jackson SBN: 10466950 John (Ken) Woodard SBN: 00791955 Terria M. Hutchinson SBN: 24078708 5615 Kirby Drive, Suite 900 Houston, Texas 77005 Telephone: (713) 626-1555 Telecopier: (713) 622-8077 Email: gjackson.atty@bushramirez.com Counsel for Defendant TITE WATER ENERGY, LLC (Incorrectly named as Tite Water LLC) 3 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing instrument has been sent to all interested counsel on this 6th day of May, 2021. Via E-Service: msfiling@morrowsheppard.com Nicholas A. Morrow MORROW & SHEPPARD LLP 3701 Kirby Dr., Ste 1000 Houston, TX 77098 Counsel for Plaintiff, Colby Bigbey Via E-Service: bcano@feesmith.com; rdarville@feesmith.com Brian G. Cano and Ross Darville FEE, SMITH, SHARP & VITULLO, L.L.P. 2727 Allen Parkway, Suite 1880 Houston, TX 77019 Via E-Service: leah@rudnickifirm.com; meredith@rudnickifirm.com; casemanager@rudnickifirm.com Leah T. Rudnicki Meredith W. Wolfe The Rudnicki Firm 7201 N. Classen Boulevard, Suite 204 Oklahoma City, OK 73116 Counsel for Defendant, Baker Hughes, A GE Company, LLC Via E-Service: gjackson.atty@bushramirez.com George T. Jackson BUSH & RAMIREZ, PLLC 5615 Kirby Drive, Suite 900 Houston, Texas 77005 Counsel for Defendant, Tite Water Energy, LLC Via E-Service: jcollura@bradley.com; jlipsitz@bradley.com James A. Collura, Jr. and Jamie C. Lipsitz BRADLEY ARANT BOULT CUMMINGS LLP 600 Travis, Suite 4800 Houston, Texas 77002 Counsel for Defendant, Wild Willy’s Welding, Inc. 4 Via E-Service: apool@donatominxbrown.com; ahouston@donatominxbrown.com Aaron Pool Alvin D. Houston DONATO, MINX, BROWN & POOL, P.C. 3200 Southwest Freeway Phoenix Tower, Suite 2300 Houston, Texas 77027-7525 Counsel for Defendant, Bedrock Petroleum Consultants, LLC Via E-Service: Jeffrey@jdiamondandassociates.com; Ann@jdiamondandassociates.com Jeffrey L. Diamond Ann E. Knight Diamond & Associates 730 North Loop Houston, Texas 77009 Via E-Service: barger@wrightclosebarger.com snead@wrightclosebarger.com hurta@wrightclosebarger.com Jessica Z. Barger Bradley W. Snead Michael Adams-Hurta WRIGHT CLOSE & BARGER, LLP One Riverway, Suite 2200 Houston, Texas 77056 Via E-Service: jayers@ayersfirm.com John Ayers Ayers and Ayers 8140 Walnut Hill, Suite 830 Dallas, TX 75231 Counsel for Defendant, Devon Energy Production Company, L.P. /s/George T. Jackson George T. Jackson 5