Free Witness List - District Court of Colorado - Colorado

Case 1:01-cv-00413-JLK-BNB

Document 230

Filed 09/05/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 01-K-0413 M.D. MARK, INC., Plaintiff, vs. KERR-McGEE CORPORATION and ORYX ENERGY COMPANY, Defendants. DEFENDANT'S TRIAL WITNESS LIST

Defendant Kerr-McGee Corp. submits the attached list of witnesses it will call at trial. Dated: September 5, 2007. Respectfully submitted,

s/ M. Antonio Gallegos Scott S. Barker Gregory E. Goldberg M. Antonio Gallegos H OLLAND & H ART LLP 555 Seventeenth Street, Suite 3200 Post Office Box 8749 Denver, Colorado 80201-8749 Phone: (303) 295-8361 Fax: (303) 295-8261 [email protected] [email protected] [email protected] A TTORNEYS F OR D EFENDANTS

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CERTIFICATE OF SERVICE
I hereby certify that on September 5, 2007, I electronically filed Defendant's Trial Witness List with the Clerk of Court using CM/ECF system, which will serve, via electronic mail, the following: PELZ, BONIFAZI & INDERWISH, P.C. Harlan P. Pelz Daniele W. Bonifazi [email protected] [email protected]

s/ Sally A. Walter

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A. Witness 1.

WITNESSES WHO WILL TESTIFY LIVE AT TRIAL: Estimated Length Nature of Testimony of Direct Exam 45 minutes Mr. Helm works for Mid-Con Data Services, a third party contractor that stores seismic data for Kerr-McGee. Mr. Helm is expected to testify about his personal knowledge of KerrMcGee's possession of a portion of seismic data at issue in this case, and Mid-Con's practices for storage and security of seismic data on KerrMcGee's behalf, as well as other allegations at issue in the case. Mr. Helm may also testify regarding matters identified in his deposition or in the Rule 26 Disclosures of either party. Mr. Kramer is defendants' expert witness regarding value of the seismic data at issue. Mr. Kramer may also testify regarding matters identified his expert report dated January 9, 2004. Mr. Lowe is defendants' expert witness regarding the custom and practice in the seismic industry with respect to change of ownership or control of an oil company that licensed speculative seismic data, and the disposition of seismic data after changes in control or ownership. Mr. Lowe may also testify regarding matters identified in his deposition, and his expert report dated December 29, 2002. Mr. Miller was Senior Geological Advisor at Kerr-McGee during the relevant time period. Mr. Miller is expected to testify about his job duties at Kerr-McGee, Kerr-McGee's acquisition and use of seismic data at Date(s) Testified

Darren Helm

2.

Mark Kramer

1.5 hours

3.

Robert Lowe

1 hour

4.

Dan Miller

45 minutes

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Witness

Estimated Length Nature of Testimony of Direct Exam issue in this case, Kerr-McGee's practices and policies regarding use and security of seismic data licensed by Kerr-McGee, and its policies and practices against obtaining and/or using seismic data without a license, as well as other allegations at issue in the case. Mr. Miller may also testify regarding matters identified in his deposition or in the Rule 26 Disclosures of either party.

Date(s) Testified

5.

Carlos Salazar

75 minutes

Mr. Salazar was an in-house attorney for Kerr-McGee at the time of the merger with Oryx. He is expected to testify about Kerr-McGee's decision whether to return seismic data to seismic companies, including Plaintiff, following the Oryx merger, and/or pay transfer fees, as well as other allegations at issue in the case. Mr. Salazar may also testify regarding matters identified in his deposition or in the Rule 26 Disclosures of either party. Mr. Schultz was Chief Geophysicist for Kerr-McGee during the relevant time. Mr. Schultz is expected to testify about his job duties at Kerr-McGee, KerrMcGee's history, Kerr-McGee's policies and procedures for acquiring, using and caring for seismic data, and its policies and practices against obtaining and/or using seismic data without a license, and Kerr-McGee's use/non-use of seismic data at issue in this case, as well as other allegations at issue in the case. Mr. Schultz may also testify regarding matters identified in his deposition or in the Rule 26 Disclosures of either party.

6.

Thomas Schultz

1 hour

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Witness 7. Marilyn Young

Estimated Length Nature of Testimony of Direct Exam 30 minutes Ms. Young was an in-house attorney for Kerr-McGee Shares Services LLC during the relevant time period. Ms. Young is expected to testify regarding the corporate structure of Kerr-McGee and the subsidiaries that are relevant to this lawsuit. Ms. Young may also testify regarding matters identified in her deposition or in the Rule 26 Disclosures of either party.

Date(s) Testified

B. Witness 1.

WITNESSES WHO WILL TESTIFY BY DEPOSITION: Estimated Length Nature of Testimony of Direct Exam 30 minutes (to read designated portions of deposition transcript) Mr. Russell was the majority shareholder and president of PGI, the company from which Plaintiff acquired its interest in the seismic data at issue. Mr. Russell is expected to testify about PGI's practice and procedures regarding the sale or licensing of its seismic data, how those licenses applied in the context of corporate mergers, and the intention of the parties to the PGI license agreements in which he was personally involved. The following pages and lines have been designated by Defendant for trial: 4:17-20 6:2-23 7:4-14 7:17-8:3 8:15-21 8:25-9:2 Date(s) Testified

Thomas Russell

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Witness

Estimated Length Nature of Testimony of Direct Exam 9:23-10:7 11:8-18 11:22-12:1 12:4-14 13:2-4 14:2-25 15:2-8 15:16-16:1 22:17-23:5 23:10-12 24:7-11 24:19-25:6 25:10-24 26:2-27:20 37:24-39:4 41:11-21 44:17-45:10 53:3-54:7 55:8-57:15 57:20-58:10 58:18-59:9 61:23-24 62:7-23 63:2-3 64:4-25 66:21 66:24-68:17 69:25-72:13 75:16-20 77:5-78:2 82:25-83:11 84:7-8 84:14-85:13 85:15-86:16 87:2-14 87:16 87:18-89:4 89:7-22

Date(s) Testified

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