IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

______________________________________________________________________________

IN RE SKANSKA USA CIVIL ) ADMIRALTY RULE 9(H)

SOUTHEAST INC. AND SKANSKA USA, INC. ) CIVIL ACTION NO.

AS OWNERS OF THE BARGE KS5331 ) 3:20-CV-05980-LC-HTC

PRAYING FOR EXONERATION FROM OR ) SENIOR DISTRICT JUDGE

LIMITATION OF LIABILITY ) LACEY COLLIER

CLAIMANTS’ UNOPPOSED MOTION TO PRESENT HENNING EXPERT 

TESTIMONY BY DE BENE ESSE DEPOSITION

COME NOW the Claimants by and through their undersigned attorneys of record and 

request this Court permit the presentation of expert opinion testimony of their meteorological 

expert, Richard Henning, through the presentation of the written transcript and video recorded de 

bene esse deposition testimony. As grounds therefore, Claimants state: 

1. Claimants have named Richard Henning as their meteorologist expert to offer opinion

testimony at trial.

2. Mr. Henning is employed as a meteorologist whose duties include in flight NOAA aviation 

missions.

3. The trial of this matter, scheduled to begin on October 18, 2021, will take place during the 

peak of the Atlantic hurricane season.

4. Currently, Mr. Henning resides in St. Petersburg, Florida, and is currently required to 

maintain a modified COVID “bubble” in which he limits his exposure to potential COVID 

infection by foregoing all personal travel. Commercial air travel would require him to 

quarantine up to ten days in order to avoid the risk of exposing other NOAA flight crew 

members to infection.

5. Mr. Henning must be available at a moments’ notice to fly NOAA missions on an unknown 

Case 3:20-cv-05980-LC-HTC Document 1299 Filed 10/01/21 Page 1 of 3
and unpredictable schedule. As a result of his work for NOAA, and the duties associated

with that employment, including the COVID bubble, he will be precluded from attending 

the upcoming trial in person. 

6. Furthermore, this same limitation may result in his unexpected unavailability to attend and

provide trial testimony via live remote video conference. In an abundance of caution and

with the consent of Petitioner, Claimants have noticed the de bene esse deposition of Mr. 

Henning so that Claimants might present his prerecorded testimony to the Court at the trial

of this matter. 

7. Claimants make this request pursuant to Fed. R. Civ. Pro. 32 (a) (1) and 32 (a) (4) (E).

8. Claimants, with the express consent of Petitioner, request this Court approve the 

presentation of Mr. Henning’s expert opinion testimony via his prerecorded video 

testimony and the transcript of same.

CONFERENCE WITH COUNSEL CERTIFICATION—RULE 7.1

The undersigned counsel pursuant to ND FL Local Rule 7.1 has conferred with opposing counsel. 

Skanska counsel consents to the relief requested. 

CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1(F)

I HEREBY CERTIFY that this amended motion complies with Local Rule 7.1(F) in that it contains 

391 words.

/s/ Thomas F. Gonzalez

 Thomas F. Gonzalez

 Beggs & Lane, RLLP

 501 Commendencia Street

 Pensacola, FL 32502

 Brian H. Barr

 Levin Papantonio Rafferty Proctor Buchanan

 O’Brien Barr & Mougey, P.A.

 316 S. Baylen Street, Suite 600

Case 3:20-cv-05980-LC-HTC Document 1299 Filed 10/01/21 Page 2 of 3
 Pensacola, FL 32502

 

 E. Samuel Geisler

 Aylstock Witkin Kreis & Overholtz, PLLC

 17 East Main Street, Second Floor

 Pensacola, FL 32502

CERTIFICATE OF SERVICE

I hereby certify, on this 1st day of October 2021, that the foregoing was filed via the 

Court’s CM/ECF system, which will automatically serve and send notification of such filing to 

all registered attorneys of record.

/s/ Thomas F. Gonzalez 

Case 3:20-cv-05980-LC-HTC Document 1299 Filed 10/01/21 Page 3 of 3