Paez v. Childrens Health System of Texas — Entry #20: Designation of Experts by Childrens Health System of Texas

Case 3:23-cv-02243-E Document 20 Filed 07/15/24                 Page 1 of 4 PageID 109


                             UNITED STATES DISTRICT COURT
                              NORTHERN DISTRICT OF TEXAS
                                   DALLAS DIVISION

 ALEXANDER PAEZ,                                  §
                                                  §
               Plaintiff,                         §
                                                  §
 v.                                               §         Civil Action No. 3:23-cv-2243-E
                                                  §
 CHILDREN’S HEALTH SYSTEM OF                      §
 TEXAS,                                           §
                                                  §
               Defendant.                         §

                  DEFENDANT’S DESIGNATION OF EXPERT WITNESSES

         Pursuant to the Court’s Scheduling Order issued December 27, 2023 (Dkt. 10), Defendant

Children’s Health System of Texas (“Defendant”) files its Designation of Expert Witnesses, and

in support thereof shows as follows:

                                 Designation of Expert Witnesses

         Defendant identifies the following witnesses who may be called as expert witnesses at trial:

         (1)     Jamie Ashton
                 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
                 8117 Preston Road, Suite 500
                 Dallas, TX 75225
                 (214) 987-3800

         Ms. Ashton will testify, if necessary, as to Plaintiff’s and/or Defendant’s reasonable and

necessary attorneys’ fees. Specifically, Ms. Ashton will testify in rebuttal to any testimony or

evidence Plaintiff may offer on the subject of his attorneys’ fees.

         Additionally, in the event Defendant pursues an award of attorneys’ fees, costs, or expenses

in this matter, Ms. Ashton will testify concerning, among other things, the hourly rates of the

professionals working on this case; the hours expended by each such professional; the fees,

expenses, and costs that were or will be incurred by Defendant; and the customary and usual nature,


DEFENDANT’S DESIGNATION OF EXPERT WITNESSES                                                  PAGE 1


   Case 3:23-cv-02243-E Document 20 Filed 07/15/24                    Page 2 of 4 PageID 110


reasonableness, and necessity of the fees, costs, and expenses that were or will be incurred by

Defendant in this matter, including, if applicable, the appeal of the captioned case.

       The testimony of Ms. Ashton will be based on, among other things, the time and labor

required; the novelty and difficulty of the questions involved; the skill required to perform the

legal services properly; the time limitations imposed by the client or circumstances; the nature and

length of the professional relationship with the client; the experience, reputation, and ability of the

lawyer or lawyers performing the services; and all other matters relevant to an award of attorneys’

fees, costs, and expenses. The professional profile of Ms. Ashton is available on her firm’s website

at the following link: https://ogletree.com/people/jamie-brod-ashton/


       (2)     Bryant S. McFall
               OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
               8117 Preston Road, Suite 500
               Dallas, TX 75225
               (214) 987-3800
               (214) 987-3927 (Facsimile)

       Mr. McFall will testify, if necessary, as to Plaintiff’s and/or Defendant’s reasonable and

necessary attorneys’ fees. Specifically, Mr. McFall will testify in rebuttal to any testimony or

evidence Plaintiff may offer on the subject of his attorneys’ fees.

       Additionally, in the event Defendant pursues an award of attorneys’ fees, costs, or expenses

in this matter, Mr. McFall will testify concerning, among other things, the hourly rates of the

professionals working on this case; the hours expended by each such professional; the fees,

expenses, and costs that were or will be incurred by Defendant; and the customary and usual nature,

reasonableness, and necessity of the fees, costs, and expenses that were or will be incurred by

Defendant in this matter, including, if applicable, the appeal of the captioned case.


DEFENDANT’S DESIGNATION OF EXPERT WITNESSES                                                    PAGE 2


   Case 3:23-cv-02243-E Document 20 Filed 07/15/24                    Page 3 of 4 PageID 111


        The testimony of Mr. McFall will be based on, among other things, the time and labor

required; the novelty and difficulty of the questions involved; the skill required to perform the

legal services properly; the time limitations imposed by the client or circumstances; the nature and

length of the professional relationship with the client; the experience, reputation, and ability of the

lawyer or lawyers performing the services; and all other matters relevant to an award of attorneys’

fees, costs, and expenses. The professional profile of Mr. McFall is available on his firm’s website

at the following link: https://ogletree.com/people/bryant-s-mcfall/

                            Cross Designation of Expert Witness(es)

        Defendant reserves the right to elicit, by cross-examination, opinion testimony from

experts designated and called by Plaintiff, if any1. Defendant expresses its intention to possibly

call, as witnesses associated with Defendant, the individuals identified or designated by Plaintiff

as experts, if any.

                             Rebuttal and Other Expert Witness(es)

        Defendant reserves the right to call undesignated rebuttal expert witnesses whose testimony

cannot reasonably be foreseen until the presentation of Plaintiff’s claims and evidence.

                            Right to Withdraw Designation of Expert

        Defendant reserves the right to withdraw the designation of any expert witness previously

designated as such and to re-designate the same as a consulting expert who cannot be called by

Plaintiff.


1 Per the Scheduling Order entered in this case (Dkt. 10), Plaintiff was required to file his expert
designation(s) on or before June 14, 2024. He did not do so.


DEFENDANT’S DESIGNATION OF EXPERT WITNESSES                                                    PAGE 3


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                      Right to Elicit Opinion or Lay Opinion Testimony

       Defendant reserves the right to elicit any expert opinion or lay opinion testimony from any

witness, fact or expert, at the time of trial which would be truthful, beneficial to the Court to

determine material issues of fact, and would not violate any existing order of the Court or any

applicable Federal Rule of Civil Procedure.

                               Reservation of Additional Rights

       Defendant reserves whatever additional rights it may have with regard to expert witnesses

pursuant to the Federal Rules of Civil Procedure, the Federal Rules of Evidence, the case law

construing same, and the rulings of the Court.


                                          Respectfully submitted,

                                          OGLETREE, DEAKINS, NASH, SMOAK &
                                          STEWART, P.C.

                                          By:      /s/ Jamie Ashton
                                                 JAMIE ASHTON
                                                 Texas State Bar No. 24087211
                                                 [email protected]
                                                 MOLLY ANN LAWRENCE
                                                 Texas State Bar No. 24083365
                                                 [email protected]
                                                 8117 Preston Road, Suite 500
                                                 Dallas, Texas 75225
                                                 (214) 987-3800 (phone)
                                                 (214) 987-3927 (fax)

                                                 ATTORNEYS FOR DEFENDANT

                                CERTIFICATE OF SERVICE

        This is to certify that on this 15th day of July, 2024, a true and correct copy of the above
was filed with the Clerk of the Court using the CM/ECF system, which will send notification to
the parties’ counsel of record.


                                                /s/ Molly Ann Lawrence
                                                MOLLY ANN LAWRENCE


DEFENDANT’S DESIGNATION OF EXPERT WITNESSES                                                 PAGE 4