On March 21 and 22, 2016, the depositions of Plaintiff’s job superintendent, Tim Barton, and DSA’s representative and former president, Joe Wayne George, were taken. On April 15, 2016, Plaintiff’s expert cost estimator, Kenny O’Bannon, was deposed. This Memo will summarize the witnesses’ testimony, credibility, and demeanor.
1. Plaintiff’s job superintendent, Timothy “Tim” Barton
On March 21, 2016, the deposition of Timothy Allen Barton, Plaintiff’s job superintendent, was taken in Cleburne, Texas. He appeared for his deposition voluntarily and without counsel. Barton is a 58-year old Anglo who appeared for his deposition casually, but neatly, dressed. He is likeable, credible, and will make a good witness to an Eastland County jury. …show more content…
To prepare for his deposition, Barton previously spoke with Plaintiff’s counsel by phone for about 10 minutes to discuss what the allegations are and the deposition process. He arrived a deposition with a folder (daily reports) to refresh his memory. He turned over his file, including e-mails, to DSA upon completion of the project. He brought to his deposition a small notepad with his personal handwritten “punch list” of things he wrote down. He has a “bunch” of handwritten notepads from the Gorman punch lists, and he’ll retain
1. Plaintiff’s job superintendent, Timothy “Tim” Barton
On March 21, 2016, the deposition of Timothy Allen Barton, Plaintiff’s job superintendent, was taken in Cleburne, Texas. He appeared for his deposition voluntarily and without counsel. Barton is a 58-year old Anglo who appeared for his deposition casually, but neatly, dressed. He is likeable, credible, and will make a good witness to an Eastland County jury. …show more content…
To prepare for his deposition, Barton previously spoke with Plaintiff’s counsel by phone for about 10 minutes to discuss what the allegations are and the deposition process. He arrived a deposition with a folder (daily reports) to refresh his memory. He turned over his file, including e-mails, to DSA upon completion of the project. He brought to his deposition a small notepad with his personal handwritten “punch list” of things he wrote down. He has a “bunch” of handwritten notepads from the Gorman punch lists, and he’ll retain