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IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

AUSTIN DIVISION 

DEAN CHASE, § 

Civil No. 1:20-CV-175-RP

§ 

Plaintiff, § 

§ 

vs. § 

§ 

RYAN E. HODGE; HELPING HANDS 

CAPITAL, LLC; and STEPHANIE 

HODGE, 

§ 

§ 

§ 

§ 

Defendants. § 

DEFENDANT RYAN HODGE’S DESIGNATION OF EXPERT WITNESSES 

Subject to and without waiver of his objections to this Court’s exercise of personal 

jurisdiction over him, defendant Ryan Hodge files this designation of expert witnesses, pursuant 

to Rule 26(a)(2) of the Federal Rules of Civil Procedure and this Court’s June 23, 2020 amended 

scheduling order. Ryan Hodge designates the following witnesses to provide testimony at trial 

under Rules 702, 703, or 705 of the Federal Rules of Evidence: 

Rule 26(a)(2)(B) witnesses 

1. Lawrence Statsky, Partner, Raich Ende Malter & Co., LLP, 1375 Broadway, 15th 

Floor, New York, New York 10018, Tel. (212) 944-4433; and/or Candice E. Cleaver, Partner, 

Raich Ende Malter & Co., LLP, 175 Broadhollow Road, Suite 250, Melville, New York 11747, 

Tel. (516) 228-9000; and/or Arthur DaPonte, Manager, Raich Ende Malter & Co., LLP, 100 

Campus Drive, Suite 106, Florham Park, New Jersey 07932, Tel. (973) 267-4200 

Mr. Statsky, Ms. Cleaver, and Mr. DaPonte are certified public accountants with the firm 

Raich Ende Malter & Co., LLP. They each have significant knowledge, skill, experience, training, 

Case 1:20-cv-00175-RP Document 70 Filed 01/13/21 Page 1 of 10
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and education regarding financial auditing and forensic accounting, as summarized in their 

curriculum vitae, which are enclosed with this designation as Exhibits 1–3. 

Ryan Hodge has engaged Raich Ende Malter & Co., LLP (REM) to perform an audit in 

accordance with accounting principles general accepted in the United States of America for the 

year ended December 31, 2019. The audit will be conducted in accordance with auditing standards 

generally accepted in the United States of America. Mr. Statsky, Ms. Cleaver, and Mr. DaPonte, 

through their audit procedures, will examine and provide information about Helping Hands 

Capital, LLC’s funding, operations, and transactions. Additional reporting, as an outgrowth of 

REM’s audit procedures, but separate and apart from the audited financial statements, requested 

by counsel, will discuss and explain Helping Hands Capital, LLC’s funding sources and structure; 

the mechanics of how funds are received and used in the course of Helping Hands Capital, LLC’s 

business; and specific transactions in which funding has been received and funds have been spent. 

In sum, Mr. Statsky, Ms. Cleaver, and Mr. DaPonte will explain how Helping Hands Capital, LLC 

received, used, and distributed money. They will further discuss the accuracy of the books based 

on generally accepted accounting principles and audit methodologies, as well as the reasonableness 

of the expenses. 

Mr. Statsky, Ms. Cleaver, and Mr. DaPonte have not yet developed any opinions in this 

lawsuit. Merits discovery has not commenced, as agreed by the parties.1 Upon review of the 

products of discovery, including responses to discovery requests, documents, and oral depositions, 

Mr. Statsky, Ms. Cleaver, and/or Mr. DaPonte will produce a written report as described in Rule 

26(a)(2). 

1 See Joint report of Rule 26(f) conference and discovery plan (Doc. 25), at 2 (“Defendants Ryan Hodge and Helping 

Hands Capital, LLC’s position is that discovery should be phased between jurisdictional discovery and merits-based 

discovery until Mr. Hodge and Helping Hands’ respective Rule 12(b) motions are decided . . . Plaintiff does not 

object to Defendants’ position.”). 

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2. R. Bruce Wallace Jr., R. Bruce Wallace, Jr. PLLC, 520 Post Oak Boulevard, Suite 

540, Houston, Texas 77027, Tel. (713) 497-5509 

Mr. Wallace is a licensed attorney who has more than 35 years of experience as a trust 

officer and private banker, where he managed litigation, complex transactions, and large fiduciary 

relationships for both institutions and high-net-worth individuals. He has previously served as an 

expert witness in complex litigation involving fiduciary administration, management of trusts, 

estates, partnerships, family offices, and the exercise of discretion by fiduciaries in the usual and 

customary course of conduct. Mr. Wallace’s curriculum vitae, which summarizes his background 

and relevant experience, is enclosed as Exhibit 4. 

Mr. Wallace will provide testimony with regard to the duties and responsibilities of 

Helping Hands Capital, LLC and/or Ryan Hodge with respect to any obligations to meet the 

standards of all relevant and applicable fiduciary duties. This will include discussions of Ryan 

Hodge’s alleged status as an attorney to Dean Chase and/or Mark Guedri; and Ryan Hodge’s 

relationship with Helping Hands Capital, LLC and with Dean Chase individually. 

Mr. Wallace has not yet developed any opinions in this lawsuit. Merits discovery has not 

commenced, as agreed by the parties.2 Upon review of the products of discovery, including 

responses to discovery requests, documents, and oral depositions, Mr. Wallace will produce a 

written report as described in Rule 26(a)(2). 

3. Lillian B. Hardwick, 4013 Dominion Cove, Austin, Texas 78759, Tel. (512) 372-

3600 

Ms. Hardwick is a licensed attorney with significant knowledge, skill, experience, training, 

2 See Joint report of Rule 26(f) conference and discovery plan (Doc. 25), at 2 (“Defendants Ryan Hodge and Helping 

Hands Capital, LLC’s position is that discovery should be phased between jurisdictional discovery and merits-based 

discovery until Mr. Hodge and Helping Hands’ respective Rule 12(b) motions are decided . . . Plaintiff does not 

object to Defendants’ position.”). 

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and education regarding the Texas Disciplinary Rules of Professional Conduct, fiduciary duties 

(particularly in the context of attorney-client relationships), and professional legal duties, as 

summarized in her curriculum vitae, which is enclosed with this designation as Exhibit 5. 

Ms. Hardwick will provide testimony regarding Ryan Hodge’s (and his firm’s) alleged 

attorney-client relationship with Dean Chase and/or Mark Guedri and Ryan Hodge’s (and his 

firm’s) relationship with Helping Hands Capital, LLC. She will also provide testimony related to 

attorney-client fiduciary duties, standards, and obligations. 

Ms. Hardwick has not yet developed any opinions in this lawsuit. Merits discovery has not 

commenced, as agreed by the parties.3 Upon review of the products of discovery, including 

responses to discovery requests, documents, and oral depositions, Ms. Hardwick will produce a 

written report as described in Rule 26(a)(2). 

4. Michael B. McDonald IV, Ph.D, associate professor of finance, Fairfield 

University, Dolan School of Business, Tel. (203) 254-4000 

Dr. McDonald has significant knowledge, skill, experience, training, and education 

regarding the assessment and valuation of business entities, in particular, business entities involved 

in litigation funding. Dr. McDonald holds a Ph.D. in finance, which required multiple advanced 

statistical courses and the authoring of a thesis using advanced statistical techniques to assess 

valuation of streams of cash flows in financial markets. He also hold a Master’s Degree in 

Economics and a Bachelor’s Degree in Industrial Engineering, both of which required extensive 

mathematical and statistical training. 

Dr. McDonald uses these financial valuation tools and techniques in his role as a professor 

3 See Joint report of Rule 26(f) conference and discovery plan (Doc. 25), at 2 (“Defendants Ryan Hodge and Helping 

Hands Capital, LLC’s position is that discovery should be phased between jurisdictional discovery and merits-based 

discovery until Mr. Hodge and Helping Hands’ respective Rule 12(b) motions are decided . . . Plaintiff does not 

object to Defendants’ position.”). 

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of finance at Fairfield University. He has also used these statistical approaches in situations similar 

to the current case involving modeling and valuation related to litigation finance for a variety of 

institutional investors in the past, and in his role as a consultant to groups such as the United States 

Securities and Exchange Commission, for which he has done hundreds of hours of work in this 

area. Dr. McDonald’s qualifications are summarized in his curriculum vitae, which is enclosed 

with this designation as Exhibit 6. 

Dr. McDonald will provide testimony regarding the value of Helping Hands Capital, LLC 

and its assets, including assessments of the company’s investments in its assets, its estimated rates 

of return, and the risk associated with those investments. 

Dr. McDonald has not yet developed any opinions in this lawsuit. Merits discovery has 

not commenced, as agreed by the parties.4 Upon review of the products of discovery, including 

responses to discovery requests, documents, and oral depositions, Dr. McDonald will produce a 

written report as described in Rule 26(a)(2). 

Ruler 26(a)(2)(C) witnesses 

1. Ryan Hodge, Ray Hodge & Associates, LLC. Mr. Hodge is a represented party in 

this lawsuit, and may be contacted through his counsel, Randy Howry, Howry Breen & Herman, 

LLP, 1900 Pearl Street, Austin, Texas 78705, Tel. (512) 474-7300 

Ryan Hodge has significant knowledge, skill, experience, training, and education regarding 

(i) the services provided by legal services professionals to business entities involved in litigation 

funding, including the reasonableness and necessity of fees charged for those services; and (ii) the 

assessment and valuation of business entities involved in litigation funding. 

4 See Joint report of Rule 26(f) conference and discovery plan (Doc. 25), at 2 (“Defendants Ryan Hodge and Helping 

Hands Capital, LLC’s position is that discovery should be phased between jurisdictional discovery and merits-based 

discovery until Mr. Hodge and Helping Hands’ respective Rule 12(b) motions are decided . . . Plaintiff does not 

object to Defendants’ position.”). 

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Capital, LLC, including the services provided and the fees charged. He will also provide 

testimony on the reasonableness and necessity of those services and the fees charged for 

performing those services. Ryan Hodge will also provide testimony regarding Helping Hands 

Capital, LLC and its assets, including assessments of the company’s investments in its assets, its 

estimated rates of return, and the risk associated with those investments.

Ryan Hodge has not yet developed any opinions in this lawsuit. Merits discovery has not 

commenced, as agreed by the parties.5 Ryan Hodge is not required by Rule 26(a)(2) to serve a 

written report. 

2. Randy Howry and James Hatchitt, HOWRY, BREEN & HERMAN, L.L.P., 1900 

Pearl Street, Austin, Texas 78705 Tel. (512) 474-7300 

Mr. Howry and Mr. Hatchitt are licensed attorneys. Mr. Howry and Mr. Hatchitt have 

significant knowledge, skill, experience, training, and education regarding the provision of legal 

services in Central Texas, and the cost of those legal services. Their résumés are available for 

inspection at http://www.howrybreen.com. 

Mr. Howry and Mr. Hatchitt represent Ryan Hodge in this lawsuit, and they are familiar 

with the type and amount of legal services this lawsuit has required. They will provide testimony 

regarding any claim for attorney’s fees (reasonableness and/or necessity) that any party makes in 

this lawsuit. No party has yet produced any information pertaining to attorney’s fees or claims for 

Mr. Howry or Mr. Hatchitt to review. Ryan Hodge will promptly supplement these designations 

to provide Mr. Howry’s and/or Mr. Hatchitt’s opinions once any such evidence has been produced 

by the parties. 

5 See Joint report of Rule 26(f) conference and discovery plan (Doc. 25), at 2 (“Defendants Ryan Hodge and Helping 

Hands Capital, LLC’s position is that discovery should be phased between jurisdictional discovery and merits-based 

discovery until Mr. Hodge and Helping Hands’ respective Rule 12(b) motions are decided . . . Plaintiff does not 

object to Defendants’ position.”). 

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Cross-designation of witnesses and Rebuttal witnesses 

Further, Ryan Hodge hereby cross-designates any experts who have been identified by any 

other party in this litigation (whether present at the time of trial or not). Ryan Hodge does not 

admit or deny that it is in agreement with some or all of the opinions held by any witnesses so 

designated, but does reserve the right to call and/or cross-examine those witnesses on all issues 

related to liability, causation, and damages. Nothing herein, however, shall be construed as a 

waiver of Ryan Hodge’s right to object to any designated expert witnesses’ testimony on any 

grounds pursuant to applicable law, including, but not limited to, the Federal Rules of Civil 

Procedure and the Federal Rules of Evidence.

Ryan Hodge reserves the right to call any expert identified in written discovery responses 

of the parties or documents produced by the parties; any expert identified in documents or written 

responses acquired through the use of a subpoena or affidavit; any expert identified, by oral 

testimony or exhibit, pursuant to a deposition in this action; and any expert deposed in this action. 

Ryan Hodge further reserves the right to call undesignated rebuttal expert witnesses whose 

testimony cannot reasonably be foreseen until the presentation of the evidence against Ryan 

Hodge. 

Ryan Hodge further reserves the right to withdraw the designation of any expert and to 

aver positively any such previously designated expert witness will not be called as a witness at 

trial, and to re-designate same as a consulting expert, who cannot be recalled by opposing counsel. 

Ryan Hodge further reserves the right to elicit any expert opinion or lay opinion testimony 

at the time of trial that would be truthful, would be of benefit to the jury to determine material 

issues of fact, and would not violate any existing court order or the Federal Rules of Civil 

Procedure. To the extent that any witness identified as a witness with knowledge of relevant facts 

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by any party to this action is qualified by education, training, or experience to give any expert 

opinion, Ryan Hodge reserves the right to elicit expert opinions and testimony from any such 

witness. 

Ryan Hodge further reserves the right to supplement this designation with additional 

designations of experts within any time limits imposed by this Court or any alterations of same by 

subsequent court order, agreement of the parties, or pursuant to the Federal Rules of Civil 

Procedure and/or the Federal Rules of Evidence. 

Dated: January 13, 2021 Respectfully submitted, 

HOWRY BREEN & HERMAN, L.L.P. 

____________________________________ 

Randy R. Howry 

State Bar No. 10121690 

rhowry@howrybreen.com 

James C. Hatchitt 

State Bar No. 24072478 

jhatchitt@howrybreen.com 

Ryan D. Ellis 

State Bar No. 24087470 

rellis@howrybreen.com 

1900 Pearl Street 

Austin, Texas 78705-5408 

Tel. (512) 474-7300 

Fax (512) 474-8557 

Attorneys for Defendant Ryan E. Hodge

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CERTIFICATE OF SERVICE 

I certify that a true and correct copy of this document was delivered on January 13, 2021, in 

accordance with Rule 5(b)(2) of the Federal Rules of Civil Procedure, to the parties listed and in 

the manner indicated below: 

C. Thomas Schmidt 

firm@schmidtfirm.com 

SCHMIDT LAW FIRM, PLLC 

7880 San Felipe Street, Suite 210 

Houston, Texas 77063 

Tel. (713) 568-4898 

Brett Turnbull 

bturnbull@turnbullfirm.com 

TURNBULL LAW FIRM, P.C. 

2 20th Street North, #1600 

Birmingham, Alabama 35203 

Tel. (205) 831-5040 

Fax (205) 848-6300 

Michelle M. Cheng 

mcheng@nationaltriallaw.com 

WHITEHURST, HARKNESS, BREES, CHENG, 

ALSAFFAR, HIGGINBOTHAM, & JACOB PLLC 

7500 Rialto Boulevard 

Building Two, Suite 250 

Austin, Texas 78735 

Tel. (512) 476-4346 

Fax (512) 476-4400 

 Electronic service 

□ In person

□ Registered mail, return receipt requested

□ Commercial delivery service

□ Facsimile

□ Electronic mail

Attorneys for Plaintiff Dean Chase 

Charlie Cooper 

charlie@ckcooplaw.com 

CHARLES K. COOPER, PLLC 

2630 Exposition Blvd., Suite 102 

Austin, Texas 78703 

Tel. (512) 605-2300 

Fax (512) 222-5280 

James A. Walker (pro hac vice)

jawalker@twgfirm.com 

Kacey S. Mayes (pro hac vice) 

ksmayes@twgfirm.com 

TRIPLETT WOOLF GARRETSON, LLC 

 Electronic service 

□ In person

□ Registered mail, return receipt requested

□ Commercial delivery service

□ Facsimile

□ Electronic mail

Case 1:20-cv-00175-RP Document 70 Filed 01/13/21 Page 9 of 10
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2959 N. Rock Rd., Suite 300 

Wichita, Kansas 67226 

Tel. (316) 630-8100 

Attorneys for Defendant Stephanie Hodge 

______________________________ 

James Hatchitt 

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