Free Other Notice - District Court of Arizona - Arizona

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John Michael Johnston, OBA No. 4736 228 Robert S. Kerr Ave., Suite 620 Oklahoma City, OK 73102 Tel: (405) 235-4074 Fax: (405) 235-4084 Charles E. Buri, AB No. 003651 FRIEDL, RICHTER & BURI, P.A. 6909 E. Greenway Parkway, Suite 200 Scottsdale, AZ 85254-2172 Attorneys for Plaintiff/Counter-Defendant, Doty Bros. Equipment Co. UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA DOTY BROS. EQUIPMENT CO., ) ) ) ) ) ) ) ) ) ) ) ) ) )

10 Plaintiff, 11 vs. 12 13 14 15 And Related Counterclaim 16 17 18 19 20 21 22 23 24 25 26 1. Name/Address Al Hernandez, Jr. President, Doty Bros. Equipment Co. 11232 E. Firestone Boulevard Norwalk, CA 90650-2201 Tel: (562) 864-6566 QUESTAR SOUTHERN TRAILS PIPELINE COMPANY, et al. Defendants.

CIV 03-2529 PHX HRH PLAINTIFF'S TRIAL WITNESS LIST

COMES NOW the plaintiff herein, Doty Bros. Equipment Co., and submits the following exhibit list as per the Court's Scheduling Order dated August 19, 2005, to-wit: LIVE WITNESSES Proposed Testimony Mr. Hernandez (deposed) will testify about his knowledge of the Project (the Cabazon Reroute), including specifically why the job was bid and whether statements or representations made by Questar impacted Doty's decision to attempt to get that job. Moreover, Mr. Hernandez will specifically testify concerning certain written communications prior to the job being 1

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Proposed Testimony concluded wherein Doty advised Questar that Doty felt like there were a number of unforseen and undisclosed problems and issues which justified a "request for an equitable adjustment" of the original contract price. Mr. Hernandez will explain those justifications and will also testify about Questar's response to Doty's request. He will refute Questar's stated explanations or reasons for rejecting most of Doty's claims. Mr. Hernandez will also testify about certain post-Project discussions/ correspondence between Doty and Questar on those same issues and will relate the resolution of some of them. Mr. Hernandez will also rebut Questar's (belated) contentions that all pending disputes were previously resolved and that a final comprehensive settlement was (supposedly) reached prior to litigation. He will explain why that contention is factually false.

B.C. Brown Doty Bros. Equipment Co. 11232 E. Firestone Boulevard Norwalk, CA 90650-2201 Tel: (562) 864-6566

Mr. Brown will testify about his prior experience in submitting bids and the circumstances of preparing to submit this bid including his attendance at the pre-bid meeting and he will relate what was discussed at that meeting (including comments and directions from Questar's people regarding the Zond Road). Mr. Brown will discuss his preparation of the bid and his reasons for the specifics of his submissions, as well as comments or instructions from Russell Wong and other Questar people concerning the bid and the construction of the Project. Mr. Brown will testify about his inspection of the site, as well as about some formal site inspections. Mr. Brown will also tell about his construction schedule and about any comments or instructions from Questar people relating to the schedule Mr. Brown will further testify about how unexpected work-arounds and additions to the job, including specifically the Robertson Spur and the San Gorgonio River crossing, played 2

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Proposed Testimony havoc with his schedule and made it impossible to construct this Project pursuant to the original schedule and within the bid price of the original bid. Mr. Brown will also tell about the problems on the east end right-of-way and will recall the circumstances of the work stoppage as it unfolded, and will describe the extra costs and schedule delays created by having to haul dirt away from the trench (as it was dug) and then return it later (for backfill). He will also testify about Doty's prior work for the Morongos (water treatment plant and water wells) and about Doty's good relationship with them. He will also testify about the decision to have Stan Shaw ask Russell Wong if Doty could approach the Morongos directly about use of their rightof-way and/or more work space and how Questar's permission was refused. Mr. Brown will also testify about how the work-arounds created serious problems with the water testing plans/schedule for the pipeline and how that cost Doty more money and delayed completion of the Project. Mr. Brown will also testify about environmental delays, as well as the extra costs associated with them.

Stan Shaw, Superintendent Doty Bros. Equipment Co. 11232 E. Firestone Boulevard Norwalk, CA 90650-2201 Tel: (562) 864-6566

Mr. Shaw will testify about the background of his job (i.e., the Cabazon Reroute Program) including prior work performed by Doty for Questar on this same pipeline. He will also tell about the pre-bid meeting as well as the postconstruction meeting, including what Questar representatives said and what was in the written materials concerning the parameters and/or problems related to this Project (as well as any unusual restrictions). Mr. Shaw will relate what he saw when he inspected the work site. Mr. Shaw will discuss, at length, the Project as it unfolded, including the work space problems that developed on the east end, about some personality clashes between Doty people and certain Questar inspectors, as well as about 3

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Proposed Testimony problems that were created by two major workarounds as well as regarding some of the environmental requirements (which were in some instances excessive and unnecessary). Mr. Shaw will also discuss the statements, directives and representations of various Questar people during the installation of the pipeline and how all of these problems impacted Doty's work schedule and it's costs to perform the work. He will also discuss unforseen and unexpected problems (which were not Doty's fault or responsibility) which arose on the Project and how they affected Doty's work schedule and its costs.

Mike Brown, Ditch Foreman Doty Bros. Equipment Co. 11232 E. Firestone Boulevard Norwalk, CA 90650-2201 Tel: (562) 864-6566

Mr. Brown will testify about his job function on the Cabazon Reroute Project and about the early discussions, instructions, and restrictions which were conveyed to him about the Project. He will testify about personality clashes or friction with several Questar inspectors. He will explain his initial job responsibilities on the Project and will discuss a major event of a work stoppage by Questar on May 21, 2002 on the east end (of the pipeline), and it's impact. He will outline what orders or directives were given by Questar (at that time and other times) about using the Zond Road and he will also highlight Questar's inconsistencies and the deviation in those restrictions. Mr. Brown will also testify about his crew's work in regard to several small washes and the environmental requirements made by Questar or its agents in regard thereto. Mike Brow will also testify about unexpected or unforseen problems on the job, including work-arounds at the Robertson (railroad) Spur and the San Gorgonio River. Mr. Brown will also identify other Doty personnel or crews (including ditch crews) that worked on the Cabazon Reroute and will relate his knowledge regarding how these problems impacted his crew and the other crews.

Don Collins, Pipe Foreman Doty Bros. Equipment Co. 11232 E. Firestone Boulevard

Mr. Collins will testify about problems caused by Questar inspectors with the x-ray (weld) contractor/technicians. Mr. Collins will also 4

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Name/Address Norwalk, CA 90650-2201 Tel: (562) 864-6566

Proposed Testimony talk about other arbitrary actions and disputes with Questar inspectors which caused him problems connected to the work of his welding crew on the Cabazon Reroute Project, including one express threat by Kirt Milligan involving a supposed violation of the invisible right-of-way line (not on the Zond Road). Mr. Turner will testify about his assignment and job responsibilities on the Cabazon Reroute Project. He will specifically discuss his crew's decision to work around the San Gorgonio River Channel. He will explain who specifically caused that work-around and why it was necessary. He will describe the governmental or environmental problems with Questar's proposed construction on that crossing and how that caused major delays getting approval from the State of California. He will describe the problems and inefficiencies that resulted from the San Gorgonio work-around and how that impacted Doty's schedule and costs in completing the job. (Deposed.) Mr. Christy, as the President of Doty Bros., will testify concerning most issues of the lawsuit. He will relate the financial result of the Project from Doty Bros.' standpoint. He will identify and explain Doty cost reports, certain environmental reports, and certain cost analysis. He will relate that Doty continued operations on the project after the work stoppage and workarounds in reliance on Questar's assertions that something would be worked out concerning the additional time and expenses. Mr. Christy will identify the impact period (of time) regarding the east end right-ofway restriction and will calculate a figure for Doty's damages concerning that problem. Mr. Christy will relate how certain reported changes and discrepancies in enforcement of the provisions and schedule of the master contract and the RFP altered the rights and obligations of Doty Bros. in completing this construction project (and constituted partial abandonment of those agreements). He will relate that Questar agreed to or acquiesced in 5

Richard Turner, Ditch Foreman Doty Bros. Equipment Co. 11232 E. Firestone Boulevard Norwalk, CA 90650-2201 Tel: (562) 864-6566

M.C. Christy Doty Bros. Equipment Co. 11232 E. Firestone Boulevard Norwalk, CA 90650-2201 Tel: (562) 864-6566

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Proposed Testimony changes to the start date and the end date of the Project. He will testify that Questar agreed to or acquiesced in changes to the stated restrictions on the Zond Road. Mr. Christy will testify that Questar agreed to or acquiesced in allowing Doty to string pipe along the route prior to trench excavation even though the contract (and Doty's expert) contend that said practice was not permitted. He will tell about Doty's attempts to resolve various extra work/ payment issues with Questar and how Questar rejected several of those claims and proposed a compromise on several other issues( upon which Doty agreed). Mr. Christy will testify in opposition to Questar's damage claim and explain why it is not factually meritorious. Mr. Christy will also enumerate several false statements or deceptions by Questar which were detrimental (cost-wise or efficiency-wise) to Doty. WITNESSES BY DEPOSITION (May be Used Between Live Witnesses)

Steve Bertoch [December 8, 2004]

p. 5, lns. 9-15 p. 14, ln. 25 - p. 15, ln. 9 p. 17, ln. 7 - p. 18, ln. 19 p. 19, lns. 6-25 p. 26, ln. 24 - p. 27, ln. 18 p. 33, ln. 23 - p. 24, ln. 15 p. 35, lns. 9-12 p. 37, ln. 8 - p. 38, ln. 3 p. 39, lns. 2-11 p. 41, lns. 1-6 p. 42, lns. 3-17 p. 49, ln. 16 - p. 5, ln. 1 p. 53, lns. 2-15 p. 60, lns. 5-23 p. 65, lns. 13-22 p. 66, lns. 6-9 p. 68, lns. 3-8 p. 69, ln. 8 - p. 70, ln. 4 p. 72, ln. 11-22 p. 73, lns. 1-22 p. 77, lns. 10-17 p. 80, lns. 1-22 p. 81, lns. 11-23 6

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p. 99, lns. 1-15 p. 100, lns. 17-25 p. 101, lns. 1-7 p. 101, ln. 15 - p. 103, ln. 8 p. 121, ln. 17 - p. 122, ln. 8 p. 123, lns. 2-7 [November 16, 2004] p. 3, lns. 7-8 p. 22, lns. 17-21 p. 23, ln. 9 - p. 24, ln. 2 p. 31, ln. 19 - p. 33, ln. 22 p. 35, lns. 15-24 p. 52, ln. 16 - p. 53, ln. 15 p. 56, lns. 5-24 p. 57, lns. 8-19 p. 61, ln. 22 - p. 62, ln. 15 p. 63, lns. 1-24 p. 65, lns. 12-16 p. 66, ln. 19 - p. 67, ln. 20 p. 69, lns. 6-19 p. 72, ln. 22 - p. 73, ln. 2 p. 74, lns. 4-15 p. 78, ln. 23 - p. 79, ln. 18 p. 83, lns. 9-18 p. 87, ln. 22 - p. 88, ln. 23 p. 95, lns. 8-23 p. 96, lns. 7-14 p. 100, lns. 2-25 p. 101, ln. 1 - p. 102, ln. 2 p. 104, ln. 17 - p. 105, ln. 4 p. 106, lns. 6-14 p. 117, ln. 15 - p. 118, ln. 7 p. 118, ln. 18 - p. 119, ln. 13 p. 121, ln. 8 - p. 122, ln. 12 p. 123, ln. 18 - p. 124, ln. 8 p. 126, ln. 2 - p. 127, ln. 9

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10.

J. Russell Wong

[November 10, 2004] p. 4, lns. 7-8 p. 10, lns. 12-17 p. 18, lns. 13-16 p. 22, ln. 24 - p. 25, ln. 5 p. 37, ln. 12 - p. 38, ln. 15 p. 41, lns. 14-24 p. 46, lns. 5-10 p. 51, lns. 3-10 p. 51, ln. 20 - p. 52, ln. 3 p. 58, ln. 16 - p. 59, ln. 8 p. 59, lns. 17-23 p. 61, ln. 25 - p. 62, ln. 20 p. 64, ln. 17 - p. 65, ln. 3 p. 66, ln. 18 - p. 67, ln. 12 p. 73, ln. 17 - p. 74, ln. 2 p. 76, ln. 6 - p. 77, ln. 3 p. 77, ln. 23 - p. 78, ln. 17 p. 90, ln. 11 - p. 91, ln. 8 p. 91, ln. 17 - p. 92, ln. 2 p. 95, lns. 6-9 and 22-24 p. 97, ln. 25 - p. 98, ln. 23 p. 100, lns. 1-9 p. 101, ln. 2 - p. 102, ln. 13 p. 119, lns. 5-22 p. 139, ln. 17 - p. 141, ln. 1 p. 144, l. 13 - p. 145, ln. 8 p. 148, ln. 23 - p. 149, ln. 7 p. 150, lns. 2-10 [November 11, 2004] p. 4, lns. 7-8 p. 5, lns. 18-22 p. 6, ln. 23 - p. 7, ln. 4 p. 11, lns. 11-20 p. 24, lns. 10-22 p. 27, ln. 14 - p. 28, ln. 14 p. 36, lns. 7-22 p. 47, lns. 16-22 p. 48, ln. 20 - p. 49, ln. 1 p. 50, ln. 19 - p. 51, ln. 8 p. 55, lns. 4-14 p. 56, lns. 14-23 p. 56, ln. 25 - p. 57, ln. 12 p. 58, lns. 1-16 p. 59, lns. 1-22 p. 83, ln. 21 - p. 84, ln. 5 p. 84, ln. 22 - p. 85, ln. 4

11.

Gerald Mouser

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12. The Plaintiff reserves the right to call rebuttal witnesses.

s/ John Michael Johnston John Michael Johnston, OBA No. 4736 228 Robert S. Kerr Ave., Suite 620 Oklahoma City, OK 73102 Tel: (405) 235-4074 Fax: (405) 235-4084 -and-

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 9 Charles E. Buri, AB No. 003651 FRIEDL, RICHTER, & BURI, P.A. 6909 E. Greenway Parkway, Suite 200 Scottsdale, AZ 85254-2172 ATTORNEYS FOR PLAINTIFF, DOTY BROS. EQUIPMENT CO.

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Certificate of Service X I hereby certify that on the 3rd day of October, 2005, I electronically transmitted the attached document to the Clerk of Court using the ECF System for filing. Based on the records currently on file, the Clerk of Court will transmit a Notice of Electronic Filing to the following ECF registrants: Jason Ebe Ronald W. Messerly SNELL & WILMER, L.L.P. One Arizona Center 400 E. Van Buren Phoenix, AZ 85004-2202 I further certify that on the 3rd day of October, 2005, a full, true and correct copy of the said document, along with a copy of the electronic Notice of Filing, was deposited in the United States mail, postage prepaid, and addressed to: Honorable H. Russel Holland United States District Court 222 West 7th Avenue - No. 54 Anchorage Alaska 99513

s/ John Michael Johnston

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