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Old September 15th 09, 10:45 PM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess
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Default Defendants' Designation of Experts

DEFENDANTS’ JOINT DESIGNATION OF EXPERTS

TO THE HONORABLE UNITED STATES DISTRICT JUDGE:
DEFENDANTS UNITED STATES OF AMERICA CHESS FEDERATION, INC., BILL
GOICHBERG, JIM BERRY, RANDY BAUER, AND RANDALL HOUGH, ALL INDIVIDUALLY
AND IN THEIR REPRESENTATIVE CAPACITIES AS MEMBERS OF THE EXECUTIVE BOARD
OF THE UNITED STATES OF AMERICA CHESS FEDERATION; BILL HALL,
INDIVIDUALLY AND IN HIS REPRESENTATIVE CAPACITY AS EXECUTIVE DIRECTOR OF
THE UNITED STATES OF AMERICA CHESS FEDERATION; BRIAN MOTTERSHEAD; HAL
BOGNER; CONTINENTAL CHESS INCORPORATED; JEROME HANKEN; BRIAN LAFERTY;
KARL S. KRONENBERGER; AND KRONENBERGER BURGOYNE, L.L.P.,jointly make
these expert designations as required by FEDERAL RULE OF CIVIL PROCEDURE
26(a)(2) and this Court’s order.

Defendants may use the following persons at trial to present evidence
under the FEDERAL
RULES OF EVIDENCE and FEDERAL RULES OF CIVIL PROCEDU

1. Dr. Frederick B. Cohen
572 Leona Drive
Livermore, CA 94550
(925) 454-0171
Dr. Cohen’s opinions are contained in his report and/or other documents
which have been disclosed to Plaintiff simultaneously with a copy of
this filing. Dr. Cohen’s opinions are based upon the data, information,
and documentation which has been served upon Plaintiff, along with other
documents previously produced in discovery.

2. Brian Mottershead
18 Nowell Farme Road
Carlisle, MA 01741
(978) 371-3960
Mr. Mottershead’s opinions are contained in his report and/or other
documents which have been disclosed to Plaintiff simultaneously with a
copy of this filing. Mr. Mottershead’s opinions are based upon the data,
information, and documentation which has been served upon Plaintiff,
along with other documents previously produced in discovery. Mr.
Mottershead is a Defendant to this matter but is being designated as a
retained expert in an abundance of caution.

NON-RETAINED EXPERTS

The following experts have not been retained but even before litigation,
Mr. Robert Jones and Mr. David Ulevitch have previously prepared written
reports regarding Mr. Mottershead’s initial report. Mr. Jones and Mr.
Ulevitch have not been retained in this matter and are being designated
in an abundance of caution.
1. Robert Jones
Craic Computing LLC
911 East Pike St, Suite 231
Seattle, WA 98122
(206) 860-7118
A copy of his “report” in this matter was attached as Exhibit D to Karl
Kronenberger’s Motion for Partial Summary Judgment.

2. David Ulevitch
(address unknown)
A copy of his “report” in this matter was attached as Exhibit C to Karl
Kronenberger’s Motion for Partial Summary Judgment.

3. Jeffrey B. Jones Christopher B. Slayton
JONES, FLYGARE, BROWN & WHARTON
P.O. Box 2426
Lubbock, TX 79408-2426
(806) 765-8851

4. William P. Huttenbach Aaron E. Homer
HIRSCH & WESTHEIMER, P.C.
700 Louisiana, 25th Floor Houston, Texas 77002
(713) 220-9184

Jeffrey Jones, Christopher Slayton, William Huttenbach, and Aaron Homer
are attorneys for various Defendants in this matter. Plaintiff has
claimed to be entitled to attorneys’ fees in this matter, and Defendants
vigorously dispute same. However, in an abundance of caution, Defendants
are designating said counsel as unretained expert witnesses on said issues.

Mr. Huttenbach is attorney-in-charge for Defendants Hal Bogner, Brian
Lafferty, Brian Mottershead, Jerome Hanken, Continental Chess
Incorporated, Karl S. Kronenberger, and Kronenberger Burgoyne, LLP, and
Mr. Homer is a Member of Mr. Huttenbach’s law firm, Hirsch & Westheimer,
P.C. Inc.,

Mr. Jones is attorney-in-charge for Defendants United States of America
Chess Federation, Inc., Bill Goichberg, Jim Berry, Randy Bauer, Randall
Hough, all Individually and in their Representative Capacities as
Members of the Executive Board of the United States of America Chess
Federation, and Bill Hall, Individually and in his Representative
Capacity as Executive Director of the United States of America Chess
Federation. Mr. Slayton is also a Member of the law firm of Jones,
Flygare, Brown & Wharton, P.C.

Neither Mr. Huttenbach, Mr. Homer, Mr. Jones, or Mr. Slayton have been
retained or specially employed by Defendants to provide expert
testimony. They are expected to offer opinions and conclusions about the
reasonable and necessary attorneys’ fees incurred by Defendants in the
defense of the claims made in this lawsuit. Their testimony will include
their opinions and conclusions concerning the amount, necessity and
reasonableness of the attorneys’ fees incurred by the parties. Their
opinions will include that the attorney’s fees incurred, and rates
charged by defense counsel in this case have been reasonable and
necessary for the representation of Defendants herein. Said counsel may
critique the fees charged by the attorneys for the Plaintiff in this
case, and their opinions may include that the attorney’s fee incurred by
Plaintiff are not reasonable or necessary for the representation of
Plaintiff. Unfortunately, as of the date of this designation, Plaintiff
has provided no documents and/or information to substantiate and/or
support Plaintiff’s claims for attorneys’ fees. Mr. Huttenbach, Mr.
Homer, Mr. Jones, and Mr. Slayton are familiar with the rates
customarily charged by attorneys in the Houston, Dallas, and Lubbock,
Texas area, including cases litigated in the U.S. District Court for the
Northern District of Texas. The basis for their opinions will include
the work performed, fees charged, their education and experience, and
the factors listed in Rule 1.04 of the Texas State Bar Rules. The
documents that they will have reviewed for purposes of, and in
anticipation of their opinions and testimony will be the pleadings,
motions, discovery and attorney fee statements of counsel in this
lawsuit. Martindale-Hubbell includes a fair summary of all counsels’
background and qualifications. Additionally, a summary of Mr.
Huttenbach’s and Mr. Homer’s qualifications can be found on the firm’s
website, http://www.hirschwest.com.
This designation also serves to supplement any discovery responses
regarding expert witnesses.

In addition, Defendants reserve the right to call, as a testifying
witness, any expert witnesses designated, or that will be designated by
Plaintiff in the instant lawsuit.

Any and all depositions of any of the above persons, when and if taken,
are incorporated herein by reference for all purposes as though fully
set forth as well as copies of any reports and/or records which may be
obtained through deposition on written questions or other means.

Defendants reserve the right to call undesignated rebuttal expert
witnesses whose testimony cannot reasonably be foreseen until the
presentation of the evidence against them.

In the event a party designates an expert witness, but then is dismissed
for any reason from this suit or fails to call any designated expert,
Defendants reserve the right to designate and/or to call any such party
or any such experts designated previously by any party.

Defendants reserve whatever additional rights it has with regard to
experts, pursuant to the Federal Rules of Civil Procedure, Federal Rules
of Evidence, case law concerning same, and the filings of this Court.

Respectfully submitted,
/s/ Jeffrey B. Jones
JEFFREY B. JONES
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