Preview
Filed: 11/1/2022 6:28 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 69782393
By: Lisa Kelly
11/2/2022 7:56 AM
CAUSE NO. 20‐CV‐0760
ADAM PAUL GUIDRY, § IN THE DISTRICT COURT OF
Plaintiff, §
§
Vs. § GALVESTON COUNTY, TEXAS
§
CALLAN MARINE, LTD. §
Defendant. § 10th JUDICIAL DISTRICT
PLAINTIFF’S MOTION TO COMPEL DEPOSITIONS AND INSPECTION OF
DEFENDANT’S VESSEL AND SURVEY SHIP
Plaintiff files this Motion to Compel the depositions of M. Randall Harris, Rudy Garcia,
Melanie Mosley, Maxie McGuire, Philip Patin, Kevin Pearse, and Mike Romero and the inspection
of the General Eisenhower and Constitution 2 and, in support, would respectfully show the
following:
I. FACTUAL BACKGROUND
On or about September 5, 2019 as Plaintiff was performing his regular duties aboard the
General Eisenhower (hereinafter referred to as the Vessel), he suffered a violent fall while
attempting to transition from the Vessel to the Constitution 2 (hereinafter known as the Survey
Ship), which was tied up alongside the Vessel. Plaintiff sustained severe injuries to multiple body
parts from the fall, including but not limited to his head, neck, back, and limbs.
II. PROCEDURAL BACKGROUND
Plaintiff filed suit on February 27, 2020, bringing claims against Defendant pursuant to the
Jones Act, general maritime negligence, and unseaworthiness.
Defendant filed a limitation in federal court, essentially removing it, on March 4, 2020. On
October 29, 2020, this case was remanded back to state court.
On May 31, 2022, Plaintiff made a request for various depositions.1 On October 26, 2022,
Plaintiff made a second request for depositions.2 This included requests for the depositions of M.
Randall Harris, Rudy Garcia, Melanie Mosley, Maxie McGuire, Philip Patin, Kevin Pearse, and
Mike Romero.
In addition to the requests mentioned above. Plaintiff made four separate requests for the
inspection of the vessel and survey ship. Plaintiff made these requests on August 3, 2022,
September 9, 2022, October 26, 2022, and October 28, 2022.3
This case is set for trial on February 27, 2023.
III. ARGUMENT & AUTHORITIES
Defendant sent responses to Plaintiff’s requests on September 12, 2022 and October 28,
2022. Specifically, Defendant’s September 12th correspondence stated that Plaintiff’s request for
inspection of Defendant’s vessel and survey ship wasn’t compliant with the Texas Rules of Civil
Procedure.4 However, since that date, Plaintiff has sent two additional requests for inspection
including the information required in Texas Rule of Civil Procedure 196.7. To date, Defendant has
not provided deposition availability for any of the depositions requested in the October 26th
correspondence, nor has Defendant provided availability of the vessel and survey ship for
inspection.
Moreover, the Texas Rules of Civil Procedure directly comment on this situation.
A. Standard for discovery under Texas law.
“[T]he ultimate purpose of discovery is to seek the truth, so that disputes may be decided
1
Exhibit 1: May 31, 2022 Correspondence to Defendant requesting depositions
2
Exhibit 2: October 26, 2022 Correspondence to Defendant requesting depositions
3
Exhibit 3: Correspondence to Defendant requesting inspection
4
Exhibit 4: Correspondence from Defendant re Inspection and Deposition Requests
Page 2 of 4
by what the facts reveal, not by what facts are concealed.”5
Texas Rule of Civil Procedure 192.3(a) provides:
A party may obtain discovery regarding any matter that is not privileged and
is relevant to the subject matter of the pending action, whether it relates to the
claim or defense of the party seeking discovery or the claim or defense of any
other party.
Specifically, Texas Rule of Civil Procedure 196.7 allows a party to “gain entry on land or
other property to inspect, measure, survey, photograph, test, or sample the property or any
designated object or operation thereon by service—no later than 30 days before the end of any
applicable discovery period.”6 A request must state the time, place and manner of inspection.7
A party responding to the request by refusing access to the property must serve a written
response within thirty (30) days with an explanation for why access is being denied.
IV. PRAYER
WHEREFORE, Plaintiff respectfully requests that the Court GRANT Plaintiff’s motion to
compel depositions and the inspection of Defendant’s vessel and survey ship.
5
Jampole v. Touchy, 673 S.W.2d 569, 573 (Tex. 1984).
6
Tex. R. Civ. P. 196.7(a).
7
Id.
Page 3 of 4
Respectfully submitted,
THE BUZBEE LAW FIRM
By: /s/ Christopher J. Leavitt
Anthony G. Buzbee
State Bar No. 24001820
Christopher J. Leavitt
JPMorgan Chase Tower
600 Travis Street, Suite 7300
Houston, Texas 77002
Tel: (713) 223-5393
Fax: (713) 223-5909
www.txattorneys.com
tbuzbee@txattorneys.com
cleavitt@txattorneys.com
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this document has been duly served on all
known counsel of record and pro se parties in accordance with the Texas Rules of Civil Procedure
on November 1, 2022, by E-Service.
/s/ Christopher J. Leavitt
Christopher J. Leavitt
Page 4 of 4
EXHIBIT 1
THE BUZBEE LAW FIRM
www.txattorneys.com
May 31, 2022
Via E-Serve:
Kenneth W. Bullock, II
Frost Brown Todd, LLC
4400 Post Oak Blvd, Suite 2850
Houston, TX 77027
Re: Cause No. 20-CV-0760; Adam Paul Guidry vs Callan Marine, Ltd; In the 10th Judicial
District Court of Galveston County, Texas.
Counsel:
Please provide deposition dates for the following witnesses:
- LG Cruise;
- Rudy Garcia;
- Melanie Mosley;
- Maxie Maguire;
- Philip Patin;
- Kevin Pearse;
- Mike Romero;
- Arie van den Adel.
Should you have any questions or comments concerning this matter, please do not hesitate
to contact this office.
Sincerely,
/s/ Christopher J. Leavitt
Christopher J. Leavitt
JPMorgan Chase Tower
600 Travis, Suite 7300
Houston, Texas 77002
Telephone: (713) 223-5393
Facsimile: (713) 223-5909
EXHIBIT 2
THE BUZBEE LAW FIRM
www.txattorneys.com
October 26, 2022
Via E-Serve:
Kenneth W. Bullock, II
Frost Brown Todd, LLC
4400 Post Oak Blvd, Suite 2850
Houston, TX 77027
Re: Cause No. 20-CV-0760; Adam Paul Guidry vs Callan Marine, Ltd; In the 10th Judicial
District Court of Galveston County, Texas.
Counsel:
Please provide deposition dates for the following witness. This is our second request.
- M. Randall Harris
- Rudy Garcia;
- Melanie Mosley;
- Maxie Maguire;
- Philip Patin;
- Kevin Pearse;
- Mike Romero.
Should you have any questions or comments concerning this matter, please do not hesitate
to contact this office.
Sincerely,
/s/ Christopher J. Leavitt
Christopher J. Leavitt
JPMorgan Chase Tower
600 Travis, Suite 7300
Houston, Texas 77002
Telephone: (713) 223-5393
Facsimile: (713) 223-5909
EXHIBIT 3
THE BUZBEE LAW FIRM
www.txattorneys.com
August 3, 2022
Via E-Serve:
Kenneth W. Bullock, II
Frost Brown Todd, LLC
4400 Post Oak Blvd, Suite 2850
Houston, TX 77027
Re: Cause No. 20-CV-0760; Adam Paul Guidry vs Callan Marine, Ltd; In the 10th Judicial
District Court of Galveston County, Texas.
Counsel:
We would like to inspect the General Eisenhower and the Constitution 2 with our expert.
Please provide times and dates on which the vessels are available for inspection.
Should you have any questions or comments concerning this matter, please do not hesitate
to contact this office.
Sincerely,
/s/ Christopher J. Leavitt
Christopher J. Leavitt
JPMorgan Chase Tower
600 Travis, Suite 7300
Houston, Texas 77002
Telephone: (713) 223-5393
Facsimile: (713) 223-5909
THE BUZBEE LAW FIRM
www.txattorneys.com
September 9, 2022
Via E-Serve:
Kenneth W. Bullock, II
Frost Brown Todd, LLC
4400 Post Oak Blvd, Suite 2850
Houston, TX 77027
Re: Cause No. 20-CV-0760; Adam Paul Guidry vs Callan Marine, Ltd; In the 10th Judicial
District Court of Galveston County, Texas.
Counsel:
We would like to inspect the survey boat that Mr. Guidry was operating when he suffered
his incident. Similarly, we would like to inspect the area of the dredge at the same time. Please
let us know when an inspection of this kind is possible.
Should you have any questions or comments concerning this matter, please do not hesitate
to contact this office.
Sincerely,
/s/ Christopher J. Leavitt
Christopher J. Leavitt
JPMorgan Chase Tower
600 Travis, Suite 7300
Houston, Texas 77002
Telephone: (713) 223-5393
Facsimile: (713) 223-5909
THE BUZBEE LAW FIRM
www.txattorneys.com
October 26, 2022
Via E-Serve:
Kenneth W. Bullock, II
Frost Brown Todd, LLC
4400 Post Oak Blvd, Suite 2850
Houston, TX 77027
Re: Cause No. 20-CV-0760; Adam Paul Guidry vs Callan Marine, Ltd; In the 10th Judicial
District Court of Galveston County, Texas.
Counsel:
We would like to inspect the survey boat that Mr. Guidry was operating when he suffered
his incident. Similarly, we would like to inspect the area of the dredge at the same time. Please
let us know when an inspection of this kind is possible. This will be non-destructive testing. It
will involve taking photographs and measurements. It will be conducted by Michael Lesback and
his associate. This is our second request.
Should you have any questions or comments concerning this matter, please do not hesitate
to contact this office.
Sincerely,
/s/ Christopher J. Leavitt
Christopher J. Leavitt
JPMorgan Chase Tower
600 Travis, Suite 7300
Houston, Texas 77002
Telephone: (713) 223-5393
Facsimile: (713) 223-5909
THE BUZBEE LAW FIRM
www.txattorneys.com
October 28, 2022
Via E-Serve:
Kenneth W. Bullock, II
Frost Brown Todd, LLC
4400 Post Oak Blvd, Suite 2850
Houston, TX 77027
Re: Cause No. 20-CV-0760; Adam Paul Guidry vs Callan Marine, Ltd; In the 10th Judicial
District Court of Galveston County, Texas.
Counsel:
As a follow-up to my October 26, 2022 correspondence requesting, for the second time,
dates for Michael Lebsack to inspect the survey boat and area of the dredge at issue in this case,
Mr. Lebsack advised he is available to conduct this inspection around the dates of December 7-10,
2022. Please advise which of these dates works best for your client and the exact location where
the vessel will be for the inspection so that we may confirm same with Mr. Lebsack and get it
scheduled.
Should you have any questions or comments concerning this matter, please do not hesitate
to contact this office.
Sincerely,
/s/ Christopher J. Leavitt
Christopher J. Leavitt
JPMorgan Chase Tower
600 Travis, Suite 7300
Houston, Texas 77002
Telephone: (713) 223-5393
Facsimile: (713) 223-5909
EXHIBIT 4
Counsel
October 28, 2022
Page 2
Very truly yours,
Kenneth W. Bullock II
KWB:ll
0145809.0736353 4874-7141-6380v1
Enclosure
cc: Mr. Daniel Dutko (Via Electronic Service)
Ms. Leah Graham (Via Electronic Service)
Ms. Victoria Brown (Via Electronic Service)
Ms. Lindsay Contreras [Firm]
Ms. Melissa Kirby [Firm]
4400 Post Oak Parkway, Suite 2850 | Houston, TX 77027 | 713.590.9300 | frostbrowntodd.com
Indiana | Kentucky | Michigan | Ohio | Pennsylvania | Tennessee | Texas | Virginia | Washington, D.C. | West Virginia
Counsel
September 12, 2022
Page 2
With best wishes, I remain,
Very truly yours,
Kenneth W. Bullock II
KWB:ll
0145809.0736353 4859-0158-0850v1
cc: Ms. Lindsay Contreras [Firm]
4400 Post Oak Parkway, Suite 2850 | Houston, TX 77027 | 713.590.9300 | frostbrowntodd.com
Indiana | Kentucky | Michigan | Ohio | Pennsylvania | Tennessee | Texas | Virginia | Washington, D.C. | West Virginia
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 69782393
Status as of 11/2/2022 7:57 AM CST
Associated Case Party: AdamPaulGuidry
Name BarNumber Email TimestampSubmitted Status
Jessica Salto jsalto@txattorneys.com 11/1/2022 6:28:24 PM SENT
Shaun Hodge 24052995 shodge@hodgefirm.com 11/1/2022 6:28:24 PM SENT
Anthony G.Buzbee tbuzbee@txattorneys.com 11/1/2022 6:28:24 PM SENT
Christopher Leavitt cleavitt@txattorneys.com 11/1/2022 6:28:24 PM SENT
Associated Case Party: Callan Marine, Ltd.
Name BarNumber Email TimestampSubmitted Status
Kenneth Bullock kbullock@munsch.com 11/1/2022 6:28:24 PM SENT
Kenneth Bullock 24055227 kbullock@fbtlaw.com 11/1/2022 6:28:24 PM SENT
Bridgette Hopkins bhopkins@fbtlaw.com 11/1/2022 6:28:24 PM SENT
Lindsay Contreras lcontreras@fbtlaw.com 11/1/2022 6:28:24 PM SENT
Melissa DKirby mkirby@fbtlaw.com 11/1/2022 6:28:24 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Bridget Daspit bdaspit@rustyhardin.com 11/1/2022 6:28:24 PM SENT
Shannon Campbell scampbell@rustyhardin.com 11/1/2022 6:28:24 PM SENT
Sandra Dominguez sdominguez@rustyhardin.com 11/1/2022 6:28:24 PM SENT
Leah MGraham lgraham@rustyhardin.com 11/1/2022 6:28:24 PM SENT
John MacVane jmacvane@rustyhardin.com 11/1/2022 6:28:24 PM SENT
Daniel R.Dutko ddutko@rustyhardin.com 11/1/2022 6:28:24 PM SENT
Rusty Hardin rhardin@rustyhardin.com 11/1/2022 6:28:24 PM SENT
Cathy Gibson cgibson@rustyhardin.com 11/1/2022 6:28:24 PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 69782393
Status as of 11/2/2022 7:57 AM CST
Case Contacts
Victoria Reilly treilly@rustyhardin.com 11/1/2022 6:28:24 PM SENT
Vera Cardenas vcardenas@rustyhardin.com 11/1/2022 6:28:24 PM SENT
Preview
Filed: 11/1/2022 6:28 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 69782393 By: Lisa Kelly 11/2/2022 7:56 AM CAUSE NO. 20‐CV‐0760 ADAM PAUL GUIDRY, § IN THE DISTRICT COURT OF Plaintiff, § § Vs. § GALVESTON COUNTY, TEXAS § CALLAN MARINE, LTD. § Defendant. § 10th JUDICIAL DISTRICT PLAINTIFF’S MOTION TO COMPEL DEPOSITIONS AND INSPECTION OF DEFENDANT’S VESSEL AND SURVEY SHIP Plaintiff files this Motion to Compel the depositions of M. Randall Harris, Rudy Garcia, Melanie Mosley, Maxie McGuire, Philip Patin, Kevin Pearse, and Mike Romero and the inspection of the General Eisenhower and Constitution 2 and, in support, would respectfully show the following: I. FACTUAL BACKGROUND On or about September 5, 2019 as Plaintiff was performing his regular duties aboard the General Eisenhower (hereinafter referred to as the Vessel), he suffered a violent fall while attempting to transition from the Vessel to the Constitution 2 (hereinafter known as the Survey Ship), which was tied up alongside the Vessel. Plaintiff sustained severe injuries to multiple body parts from the fall, including but not limited to his head, neck, back, and limbs. II. PROCEDURAL BACKGROUND Plaintiff filed suit on February 27, 2020, bringing claims against Defendant pursuant to the Jones Act, general maritime negligence, and unseaworthiness. Defendant filed a limitation in federal court, essentially removing it, on March 4, 2020. On October 29, 2020, this case was remanded back to state court. On May 31, 2022, Plaintiff made a request for various depositions.1 On October 26, 2022, Plaintiff made a second request for depositions.2 This included requests for the depositions of M. Randall Harris, Rudy Garcia, Melanie Mosley, Maxie McGuire, Philip Patin, Kevin Pearse, and Mike Romero. In addition to the requests mentioned above. Plaintiff made four separate requests for the inspection of the vessel and survey ship. Plaintiff made these requests on August 3, 2022, September 9, 2022, October 26, 2022, and October 28, 2022.3 This case is set for trial on February 27, 2023. III. ARGUMENT & AUTHORITIES Defendant sent responses to Plaintiff’s requests on September 12, 2022 and October 28, 2022. Specifically, Defendant’s September 12th correspondence stated that Plaintiff’s request for inspection of Defendant’s vessel and survey ship wasn’t compliant with the Texas Rules of Civil Procedure.4 However, since that date, Plaintiff has sent two additional requests for inspection including the information required in Texas Rule of Civil Procedure 196.7. To date, Defendant has not provided deposition availability for any of the depositions requested in the October 26th correspondence, nor has Defendant provided availability of the vessel and survey ship for inspection. Moreover, the Texas Rules of Civil Procedure directly comment on this situation. A. Standard for discovery under Texas law. “[T]he ultimate purpose of discovery is to seek the truth, so that disputes may be decided 1 Exhibit 1: May 31, 2022 Correspondence to Defendant requesting depositions 2 Exhibit 2: October 26, 2022 Correspondence to Defendant requesting depositions 3 Exhibit 3: Correspondence to Defendant requesting inspection 4 Exhibit 4: Correspondence from Defendant re Inspection and Deposition Requests Page 2 of 4 by what the facts reveal, not by what facts are concealed.”5 Texas Rule of Civil Procedure 192.3(a) provides: A party may obtain discovery regarding any matter that is not privileged and is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party. Specifically, Texas Rule of Civil Procedure 196.7 allows a party to “gain entry on land or other property to inspect, measure, survey, photograph, test, or sample the property or any designated object or operation thereon by service—no later than 30 days before the end of any applicable discovery period.”6 A request must state the time, place and manner of inspection.7 A party responding to the request by refusing access to the property must serve a written response within thirty (30) days with an explanation for why access is being denied. IV. PRAYER WHEREFORE, Plaintiff respectfully requests that the Court GRANT Plaintiff’s motion to compel depositions and the inspection of Defendant’s vessel and survey ship. 5 Jampole v. Touchy, 673 S.W.2d 569, 573 (Tex. 1984). 6 Tex. R. Civ. P. 196.7(a). 7 Id. Page 3 of 4 Respectfully submitted, THE BUZBEE LAW FIRM By: /s/ Christopher J. Leavitt Anthony G. Buzbee State Bar No. 24001820 Christopher J. Leavitt JPMorgan Chase Tower 600 Travis Street, Suite 7300 Houston, Texas 77002 Tel: (713) 223-5393 Fax: (713) 223-5909 www.txattorneys.com tbuzbee@txattorneys.com cleavitt@txattorneys.com ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this document has been duly served on all known counsel of record and pro se parties in accordance with the Texas Rules of Civil Procedure on November 1, 2022, by E-Service. /s/ Christopher J. Leavitt Christopher J. Leavitt Page 4 of 4 EXHIBIT 1 THE BUZBEE LAW FIRM www.txattorneys.com May 31, 2022 Via E-Serve: Kenneth W. Bullock, II Frost Brown Todd, LLC 4400 Post Oak Blvd, Suite 2850 Houston, TX 77027 Re: Cause No. 20-CV-0760; Adam Paul Guidry vs Callan Marine, Ltd; In the 10th Judicial District Court of Galveston County, Texas. Counsel: Please provide deposition dates for the following witnesses: - LG Cruise; - Rudy Garcia; - Melanie Mosley; - Maxie Maguire; - Philip Patin; - Kevin Pearse; - Mike Romero; - Arie van den Adel. Should you have any questions or comments concerning this matter, please do not hesitate to contact this office. Sincerely, /s/ Christopher J. Leavitt Christopher J. Leavitt JPMorgan Chase Tower 600 Travis, Suite 7300 Houston, Texas 77002 Telephone: (713) 223-5393 Facsimile: (713) 223-5909 EXHIBIT 2 THE BUZBEE LAW FIRM www.txattorneys.com October 26, 2022 Via E-Serve: Kenneth W. Bullock, II Frost Brown Todd, LLC 4400 Post Oak Blvd, Suite 2850 Houston, TX 77027 Re: Cause No. 20-CV-0760; Adam Paul Guidry vs Callan Marine, Ltd; In the 10th Judicial District Court of Galveston County, Texas. Counsel: Please provide deposition dates for the following witness. This is our second request. - M. Randall Harris - Rudy Garcia; - Melanie Mosley; - Maxie Maguire; - Philip Patin; - Kevin Pearse; - Mike Romero. Should you have any questions or comments concerning this matter, please do not hesitate to contact this office. Sincerely, /s/ Christopher J. Leavitt Christopher J. Leavitt JPMorgan Chase Tower 600 Travis, Suite 7300 Houston, Texas 77002 Telephone: (713) 223-5393 Facsimile: (713) 223-5909 EXHIBIT 3 THE BUZBEE LAW FIRM www.txattorneys.com August 3, 2022 Via E-Serve: Kenneth W. Bullock, II Frost Brown Todd, LLC 4400 Post Oak Blvd, Suite 2850 Houston, TX 77027 Re: Cause No. 20-CV-0760; Adam Paul Guidry vs Callan Marine, Ltd; In the 10th Judicial District Court of Galveston County, Texas. Counsel: We would like to inspect the General Eisenhower and the Constitution 2 with our expert. Please provide times and dates on which the vessels are available for inspection. Should you have any questions or comments concerning this matter, please do not hesitate to contact this office. Sincerely, /s/ Christopher J. Leavitt Christopher J. Leavitt JPMorgan Chase Tower 600 Travis, Suite 7300 Houston, Texas 77002 Telephone: (713) 223-5393 Facsimile: (713) 223-5909 THE BUZBEE LAW FIRM www.txattorneys.com September 9, 2022 Via E-Serve: Kenneth W. Bullock, II Frost Brown Todd, LLC 4400 Post Oak Blvd, Suite 2850 Houston, TX 77027 Re: Cause No. 20-CV-0760; Adam Paul Guidry vs Callan Marine, Ltd; In the 10th Judicial District Court of Galveston County, Texas. Counsel: We would like to inspect the survey boat that Mr. Guidry was operating when he suffered his incident. Similarly, we would like to inspect the area of the dredge at the same time. Please let us know when an inspection of this kind is possible. Should you have any questions or comments concerning this matter, please do not hesitate to contact this office. Sincerely, /s/ Christopher J. Leavitt Christopher J. Leavitt JPMorgan Chase Tower 600 Travis, Suite 7300 Houston, Texas 77002 Telephone: (713) 223-5393 Facsimile: (713) 223-5909 THE BUZBEE LAW FIRM www.txattorneys.com October 26, 2022 Via E-Serve: Kenneth W. Bullock, II Frost Brown Todd, LLC 4400 Post Oak Blvd, Suite 2850 Houston, TX 77027 Re: Cause No. 20-CV-0760; Adam Paul Guidry vs Callan Marine, Ltd; In the 10th Judicial District Court of Galveston County, Texas. Counsel: We would like to inspect the survey boat that Mr. Guidry was operating when he suffered his incident. Similarly, we would like to inspect the area of the dredge at the same time. Please let us know when an inspection of this kind is possible. This will be non-destructive testing. It will involve taking photographs and measurements. It will be conducted by Michael Lesback and his associate. This is our second request. Should you have any questions or comments concerning this matter, please do not hesitate to contact this office. Sincerely, /s/ Christopher J. Leavitt Christopher J. Leavitt JPMorgan Chase Tower 600 Travis, Suite 7300 Houston, Texas 77002 Telephone: (713) 223-5393 Facsimile: (713) 223-5909 THE BUZBEE LAW FIRM www.txattorneys.com October 28, 2022 Via E-Serve: Kenneth W. Bullock, II Frost Brown Todd, LLC 4400 Post Oak Blvd, Suite 2850 Houston, TX 77027 Re: Cause No. 20-CV-0760; Adam Paul Guidry vs Callan Marine, Ltd; In the 10th Judicial District Court of Galveston County, Texas. Counsel: As a follow-up to my October 26, 2022 correspondence requesting, for the second time, dates for Michael Lebsack to inspect the survey boat and area of the dredge at issue in this case, Mr. Lebsack advised he is available to conduct this inspection around the dates of December 7-10, 2022. Please advise which of these dates works best for your client and the exact location where the vessel will be for the inspection so that we may confirm same with Mr. Lebsack and get it scheduled. Should you have any questions or comments concerning this matter, please do not hesitate to contact this office. Sincerely, /s/ Christopher J. Leavitt Christopher J. Leavitt JPMorgan Chase Tower 600 Travis, Suite 7300 Houston, Texas 77002 Telephone: (713) 223-5393 Facsimile: (713) 223-5909 EXHIBIT 4 Counsel October 28, 2022 Page 2 Very truly yours, Kenneth W. Bullock II KWB:ll 0145809.0736353 4874-7141-6380v1 Enclosure cc: Mr. Daniel Dutko (Via Electronic Service) Ms. Leah Graham (Via Electronic Service) Ms. Victoria Brown (Via Electronic Service) Ms. Lindsay Contreras [Firm] Ms. Melissa Kirby [Firm] 4400 Post Oak Parkway, Suite 2850 | Houston, TX 77027 | 713.590.9300 | frostbrowntodd.com Indiana | Kentucky | Michigan | Ohio | Pennsylvania | Tennessee | Texas | Virginia | Washington, D.C. | West Virginia Counsel September 12, 2022 Page 2 With best wishes, I remain, Very truly yours, Kenneth W. Bullock II KWB:ll 0145809.0736353 4859-0158-0850v1 cc: Ms. Lindsay Contreras [Firm] 4400 Post Oak Parkway, Suite 2850 | Houston, TX 77027 | 713.590.9300 | frostbrowntodd.com Indiana | Kentucky | Michigan | Ohio | Pennsylvania | Tennessee | Texas | Virginia | Washington, D.C. | West Virginia Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 69782393 Status as of 11/2/2022 7:57 AM CST Associated Case Party: AdamPaulGuidry Name BarNumber Email TimestampSubmitted Status Jessica Salto jsalto@txattorneys.com 11/1/2022 6:28:24 PM SENT Shaun Hodge 24052995 shodge@hodgefirm.com 11/1/2022 6:28:24 PM SENT Anthony G.Buzbee tbuzbee@txattorneys.com 11/1/2022 6:28:24 PM SENT Christopher Leavitt cleavitt@txattorneys.com 11/1/2022 6:28:24 PM SENT Associated Case Party: Callan Marine, Ltd. Name BarNumber Email TimestampSubmitted Status Kenneth Bullock kbullock@munsch.com 11/1/2022 6:28:24 PM SENT Kenneth Bullock 24055227 kbullock@fbtlaw.com 11/1/2022 6:28:24 PM SENT Bridgette Hopkins bhopkins@fbtlaw.com 11/1/2022 6:28:24 PM SENT Lindsay Contreras lcontreras@fbtlaw.com 11/1/2022 6:28:24 PM SENT Melissa DKirby mkirby@fbtlaw.com 11/1/2022 6:28:24 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Bridget Daspit bdaspit@rustyhardin.com 11/1/2022 6:28:24 PM SENT Shannon Campbell scampbell@rustyhardin.com 11/1/2022 6:28:24 PM SENT Sandra Dominguez sdominguez@rustyhardin.com 11/1/2022 6:28:24 PM SENT Leah MGraham lgraham@rustyhardin.com 11/1/2022 6:28:24 PM SENT John MacVane jmacvane@rustyhardin.com 11/1/2022 6:28:24 PM SENT Daniel R.Dutko ddutko@rustyhardin.com 11/1/2022 6:28:24 PM SENT Rusty Hardin rhardin@rustyhardin.com 11/1/2022 6:28:24 PM SENT Cathy Gibson cgibson@rustyhardin.com 11/1/2022 6:28:24 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 69782393 Status as of 11/2/2022 7:57 AM CST Case Contacts Victoria Reilly treilly@rustyhardin.com 11/1/2022 6:28:24 PM SENT Vera Cardenas vcardenas@rustyhardin.com 11/1/2022 6:28:24 PM SENT