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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

HARMONY HAUS WESTLAKE, L.L.C., §

et al., §

§

Plaintiffs, §

§

v. § CIVIL NO. 1-20-CV-486-XR

§

PARKSTONE PROPERTY OWNERS §

ASSOCIATION, INC., §

§

 Defendant. §

§

PLAINTIFFS’ DESIGNATIONS OF EXPERTS IN RESPONSE TO CLAIMS FOR 

RELIEF

Plaintiffs hereby submit their Plaintiffs’ Designations of Experts in Response to Claims 

for Relief pursuant to Fed. R. Civ. P. 26(a)(2).

Plaintiffs designate the following experts as witnesses they may use at trial to present 

evidence under Federal Rules 702, 703, or 705 in response to Defendant’s Counterclaims.

1. Dr. Robert Beare, 7101B Cannonleague, Austin, Texas 78745, (512) 803-9038. Dr. 

Beare’s curriculum vitae is attached as Exhibit A. Dr. Beare does not provide a report pursuant 

to Fed. R. Civ. P. 26(a)(2)(B) as he is neither retained nor specially employed to provide expert 

testimony in the case and is not an employee who is regularly involved in giving expert 

testimony. Rather, Dr. Beare is involved in the provision of services at treatment centers and in 

other contexts to individuals who are served and/or have been served by Plaintiff Harmony Haus 

Westlake, LLC, and has extensive knowledge of the disabilities, characteristics, and 

circumstances of such individuals. Dr. Beare is anticipated to testify on the basis of his 

knowledge and experience that (1) Harmony Haus accepts residents in its sober living 
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residences, including the residence at issue in this matter, who often have dual diagnoses with 

other conditions beyond Substance Abuse Disorder, including, but not limited to severe 

depression, such that they present recovery complications beyond those that most sober living 

residences are often willing to take on, (2) such residents will often encounter difficulties in the 

recovery process that will require particularly intensive interventions to prevent relapse, such 

that, for periods of time often exceeding twelve hours, neither those residents nor those working 

with them can attend to parking issues, and (3) the strict enforcement of parking policies by 

Harmony Haus against such an individual by terminating the membership of the individual in the 

sober living residence because of parking violations could have potentially fatal consequences 

and is not a reasonable response to the circumstances. Dr. Beare is anticipated to provide such 

testimony in support of Plaintiffs’ defenses that Defendant’s actions and omissions constitute an 

abuse of discretion and a breach of fiduciary duty and in response to Defendant’s anticipated 

argument in support of its counterclaims that Plaintiff Harmony Haus has not undertaken 

appropriate enforcement activity on its own part by not terminating the membership of residents 

who appear to have committed parking violations.
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Dated: October 30, 2020

Respectfully Submitted,

/s/ Mark Whitburn

Attorneys for Plaintiffs

Mark Whitburn

Texas Bar No. 24042144

Sean Pevsner 

Texas Bar No. 24079031 

Whitburn & Pevsner, PLLC

2000 E. Lamar Blvd., Suite 600

Arlington, Texas 76006

Tel: (817) 653-4547

Fax: (817) 653-4477

mwhitburn@whitburnpevsner.com

CERTIFICATE OF SERVICE

I certify that on this 30th day of October, 2020, a true and correct copy of the foregoing 

document was sent via electronic filing service to counsel for Defendant as follows:

Eric Hansum

Niemann & Heyer, LLP

Westgate Building, Suite 313

1122 Colorado Street

Austin, Texas 78701

/s/Mark Whitburn

Mark Whitburn
EXHIBIT A
ROBERT (BOB) BEARE, PH.D, LPC-S

7101B CANNONLEAGUE, AUSTIN, TX

(CELL) 512 803-9038 

EMAIL: DRBOBBEARE@CREATIVELIFEINSTITUTE.COM

LINKEDIN: WWW.LINKEDIN.COM/IN/BOBBEARE/

Author, The Creative Fire - 10 Weeks to Emotional and Creative Fitness - On Amazon

Beare, R. K. (2016). Senior Leader’s experience with vulnerability: A multiple case study.

Doctoral dissertation.

SUMMARY

Clinical Director/Advisor/Supervisor and Leadership and Organizational Development Consultant

acknowledged for delivery of effective clinical leadership and experiential training and development programs 

that increase productivity and wellness. Consistently develops and implements clinical programs and 

advanced leadership programs that turn conflict into opportunity, empower authentic expression, and inspire 

teams to work at the peak of creativity and productivity. 

• Ph.D. Industrial/Organizational Psychology

• Masters in Clinical Psychology

• Licensed Professional Counselor Supervisor

• Engaging Facilitator and Presenter

• Experienced Leadership Trainer

• Innovative Program Designer

• Leadership experience in Health Care, 

Industrial, and Non-Profit Settings

• Recognized Authority on Creativity, 

Authentic Expression, and Depth 

Psychology

• Advanced Verbal and Written 

Communication Skills

PROFESSIONAL EXPERIENCE

THE CREATIVE LIFE INSTITUTE, Austin TX 2009-Present

Executive Director 

Founded and operating healing center for addiction treatment and trauma resolution, and for 

training facilitators and addiction specialists

• Founded The Brave Heart Experience (Intensive workshop for men in recovery)

• Founded and delivered over 100 facilitator trainings

SAGE RECOVERY AND WELLNESS CENTER, Austin, TX 2017 - Present

Clinical Director

Supervised 23 clinicians and 8 Intensive Outpatient programs

• Doubled census in 6 months

• Restructured intake and assessment procedures to maximize growth

• Developed extensive organizational development initiatives to deepen staff engagment

MAUI RECOVERY CENTER, Kihei, HI 2016 - 2017

Senior Clinical Consultant

Established and directed clinical programming and staff for upscale substance abuse treatment facility

• Grew program to bed capacity in 3 months

• Developed curriculum, staff, and delivered monthly week-long intensive transformational program for 

staff and clients

THE LAST RESORT TREATMENT CENTER, Austin, TX 2014-Present 
Clinical Director and Senior Clinical Consultant

Directed clinical program and staff for 90 day men’s intensive substance abuse program. 

• Developed innovative clinical and family programming, supervised clinical staff and utilization 

management

• Developed and delivered The Brave Heart Experience (Intensive 3-day workshop, Monthly, 20 staff)

AUTHENTIC LEADERSHIP PROGRAMS, Austin and Houston, TX 2003-Present 

Consultant

Designed and implemented advanced Emotional Intelligence and Authentic Leadership trainings for 

mid-large size corporate leadership teams. 

• Facilitated several corporations to over 15% repeated annual growth through intensive leadership 

development programming

• Rolled out a development program that contributed to a two year 40% revenue growth

EXECUTIVE COACH AND PSYCHOTHERAPIST, Austin and Houston, TX 1995-Present

Owner

Private practice, providing evidence-based psychodynamic psychotherapy and executive coaching.

• Helped hundreds of individuals, families, couples, and leaders find meaning and empowerment 

• Recognized authority on group dynamics, innovation, relationships, recovery, and men’s issues

AUSTIN TRAVIS COUNTY INTEGRAL CARE, Austin, TX 2009-2014

Program Coordinator and Group Facilitator

Directing the largest co-occurring psychiatric disorders group program for ATCIC.

• Facilitated monthly action method (psychodrama) event for 50+ patients with psychosis

(unique with this population, and an extremely popular and successful intervention)

• Provided action methods training for licensed staff and supervision of peer facilitato rs

• Expanded group programs by 400% in 2 years through dynamic programming and marketing

THE CREATIVE LIFE CENTER, Houston TX 2005-2008

Executive Director 

Founded and operated the only regional wellness center with a creativity focus.

• Provided over 500 creativity and healing programs annually

• Directed 501c3 process, business plan, grant writing, and attainment of financial goals

• Directed staff and practitioners to consistent annual growth of programming and income

THE MANKIND PROJECT INTERNATIONAL (MKPI) 1993-2008

Certified Full Leader/Board of Directors 

Provided many years of focused leadership in this men’s empowerment organization.

• Led 150+ leadership trainings in the US, Canada, France, England, and Germany

• Attained the Houston center’s highest enrollment, making it the most successful center in the 

international MKPI network (40,000 members)

C.G. JUNG EDUCATIONAL CENTER, Houston TX 1994-2006 

Lecturer/Instructor/Multiple Committee Member

Instructor and expert on men’s issues and theatre as an applied expressive arts technique.

• Facilitated over 250 classes and workshops on creativity and transformation

DAPA (Drug Abuse Programs of America), Houston TX 1997-2002 

Program Director

Directed the most successful dual diagnosis Partial Hospital (PHP) in Houston.

• Supervised staff and billings for the largest PHP in Houston

• As Medicare Appeals Officer, recouped over $200,000 in denied billings
HOUSTON PLAYBACK THEATER/BUSINESS STAGES, Houston, TX 1994-2004 

Founder/Director

Founded, trained, and managed improvisational theatre troupe for companies and groups.

• Provided transformational performances for over 40 organizations

• Directed over 300 improv performances for communities, corporations, and groups

• Implemented theatre programs for annual meetings and other corporate events

PROFESSIONAL ACTOR, SINGER, DIRECTOR, COMPOSER 1985-Present

• 25 years in Professional Theater. Over 200 Productions, 1,500 performances

• Recent Austin: Ragtime at Zach Scott Theatre, Emile DeBeque in South Pacific at Georgetown Palace

and 2012 Best Director B. Iden Payne nomination

• Composer/Lyricist of The Three-Cornered Hat (Acclaimed Romantic Musical Comedy)

EDUCATION, LICENSES & CERTIFICATIONS

Ph.D., Industrial/Organizational Psychology

MA, Clinical Psychology

BA, Music Composition

Graduate Playback Theatre School – New York

Licensed Professional Counselor Supervisor (LPC) – TX

Certified Birkman Method® Assessment Consultant

4000+ hrs Expressive Arts Training (Psychodrama, Art Therapy, Forum Theatre)

PUBLICATIONS

Author, The Creative Fire - 10 Weeks to Emotional and Creative Fitness - On Amazon

Beare, R. K. (2016). Senior Leader’s experience with Vulnerability: A Multiple Case Study.

Doctoral Dissertation.

RECENT PRESENTATIONS

The Creative Fire: Creative Expression in Residential Treatment – Presentation at the Texas 

Association of Addiction Professionals Conference, San Antonio, TX 

August, 201

Creativity as Healing – Presentation to Texas Nursing Association, Austin TX 

June 2015

Men’s Depth Work in Residential Treatment – Presentation at the Texas Association of 

Addiction Professionals Conference, San Antonio, TX August, 2016

Vulnerability as a Leadership Strength – Presentation to Austin Spiritual Network, Austin TX, 

November, 2016

Vulnerability as a Leadership Strength – Presentation to Leadership Council, Austin TX, 

November, 2016
Action Methods and Men’s Work – Presentation at the ASGPP (Psychodrama) Conference, 

Dallas TX, 

April 2018