IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

DEFENDANTS’ WITNESS LIST

Defendants Tarrant County Hospital District d/b/a JPS Health Network and John Peter 

Smith Hospital (“JPS”) and Acclaim Physician Group (“Acclaim”) (collectively, “Defendants”) 

submit this witness list in accordance with the Court’s Scheduling Order (ECF No. 24). The 

witnesses are listed in alphabetical order, by last name:

1. Dr. Bryan Becker Sworn Testified

c/o Jordan Parker or Derek Carson

CANTEY HANGER LLP

600 W. 6th Street, Suite 300

Fort Worth, Texas 76102

Brief Narrative Summary of Testimony:

Dr. Becker is the President of Acclaim, Plaintiff’s employer. Dr. Becker 

is expected to testify regarding the circumstances surrounding Plaintiff’s

removal from the two departmental administrative positions from which 

she was removed. Dr. Becker will testify to the nature of Plaintiff’s 

removal, including his view that the removal was not a demotion. He 

likewise will testify that her removal did not adversely impact her 

compensation and benefits and that any lack of due process afforded to 

her did not adversely impact her compensation and benefits or any future 

compensation and benefits.

Dr. Becker is expected to testify to Acclaim’s practices regarding 

physician contracts and the allocation of physicians’ Total FTE. In 

CHERYL HURD, M.D., §

§

Plaintiff, §

§

v. §

§

TARRANT COUNTY HOSPITAL

DISTRICT, et al.

Defendants.

§

§

§

§

Civil Action No. 4:22-cv-00388-O

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particular, Dr. Becker will testify that Acclaim’s practice is to retain 

discretion over physicians’ Total FTE breakdown. Dr. Becker will testify 

to the reasons why Acclaim must retain discretion over physicians Total 

FTE. Dr. Becker will testify that, from Acclaim’s perspective, Dr. 

Podawiltz had the discretion to remove Plaintiff from the administrative 

positions she previously held. 

Dr. Becker was designated and disclosed as a non-retained expert witness 

as to Plaintiff’s employability and claimed reputational injury and losses 

and related subjects.

Deposed? Yes.

Expected Duration of Direct Examination: 1 hour

Witness Group(s): Probable, Non-Retained Expert 

2. Dr. Dustin DeMoss Sworn Testified

c/o Jordan Parker or Derek Carson

CANTEY HANGER LLP

600 W. 6th Street, Suite 300

Fort Worth, Texas 76102

Brief Narrative Summary of Testimony:

Dr. DeMossis expected to testify regarding his appointment as Residency 

Program Director and Vice Chair of Education of the Department of 

Psychiatry and the circumstances surrounding his appointment. Dr. 

DeMoss may also testify to his experience working with Plaintiff while 

she held those two roles and his interactions with her during that time and 

his knowledge of negative remarks made by Plaintiff about other 

colleagues.

Deposed? Yes.

Expected Duration of Direct Examination: 1 hour

Witness Group(s): Probable, Non-Retained Expert 

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3. Julie Durand Sworn Testified

c/o Jordan Parker or Derek Carson

CANTEY HANGER LLP

600 W. 6th Street, Suite 300

Fort Worth, Texas 76102

Brief Narrative Summary of Testimony:

Ms. Durand, a nurse practitioner, may testify, if the need arises, to the 

facts relating the complaint made against Plaintiff arising out of the 

December 8, 2021 Zoom call referenced in Plaintiff’s Second Amended 

Complaint. Ms. Durand may also testify to her interactions with Plaintiff 

while Plaintiff was Residency Program Director and Vice Chair of 

Education of the Department of Psychiatry and her knowledge of 

negative remarks made by Plaintiff about other colleagues.

Deposed? No.

Expected Duration of Direct Examination: 30 minutes

Witness Group(s): Possible

4. Emily Elkins Sworn Testified

c/o Jordan Parker or Derek Carson

CANTEY HANGER LLP

600 W. 6th Street, Suite 300

Fort Worth, Texas 76102

Brief Narrative Summary of Testimony:

Ms. Elkins, a physician assistant, may testify to the facts relating the 

complaint made against Plaintiff arising out of the December 8, 2021 

Zoom call referenced in Plaintiff’s Second Amended Complaint. Ms. 

Elkins may also testify to her interactions with Plaintiff while Plaintiff 

was Residency Program Director and Vice Chair of Education and her 

knowledge of negative remarks made by Plaintiff about other colleagues.

Deposed? No.

Expected Duration of Direct Examination: 30 minutes

Witness Group(s): Possible

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5. Dr. Tricia Elliott Sworn Testified

c/o Jordan Parker or Derek Carson

CANTEY HANGER LLP

600 W. 6th Street, Suite 300

Fort Worth, Texas 76102

Brief Narrative Summary of Testimony:

Dr. Elliott is Senior Vice President of Academic and Research Affairs 

and Chief Academic Officer at JPS. Dr. Elliott is expected to testify about 

the role of the requirements of the ACGME (Accreditation Council for 

Graduate Medical Education) on the appointment of residency program 

directors and to the circumstances surrounding the transition from 

Plaintiff to Dr. DeMoss. Dr. Elliott may also testify generally to the 

nature of the relationship between residents and their program directors.

In particular, Dr. Elliott is expected to testify that, upon learning from Dr. 

Podawiltz that the decision had been made to remove Plaintiff as 

residency program director, Dr. Elliott reminded or informed Dr. 

Podawiltz that “Match Day” was approaching and that this event should 

be considered in determining the timing of any removal of Plaintiff. Dr. 

Elliott is expected to testify that from an accreditation perspective it was 

important to have the program director who would be continuing through 

the program to be in place as of Match Day. Dr. Elliott may also testify, 

if the need arises, concerning Plaintiff’s involvement on a subcommittee 

for diversity, equity, and inclusion.

Dr. Elliott was designated and disclosed as a non-retained expert witness 

as to Plaintiff’s employability and claimed reputational injury and losses 

and related subjects.

Deposed? Yes.

Expected Duration of Direct Examination: 30 minutes

Witness Group(s): Probable, Non-Retained Expert 

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6. Dr. James Haliburton Sworn Testified

c/o Jordan Parker or Derek Carson

CANTEY HANGER LLP

600 W. 6th Street, Suite 300

Fort Worth, Texas 76102

Brief Narrative Summary of Testimony:

Dr. Haliburton is expected to testify concerning Plaintiff’s allegations 

that he called her “a narcissist” in or about April 2022. In particular, Dr. 

Haliburton will testify that he does not recall making such a statement 

and that, in any event, he would not have meant it or communicated it as 

a clinical or diagnostic assessment. Dr. Haliburton will also testify to the 

non-public nature of the consult room where the remarks are alleged to 

have been made and to the fact that he would not have been speaking on 

behalf of Defendants or in any leadership capacity had he made the 

statement he is alleged to have made. Dr. Haliburton may also testify to 

his interactions with Plaintiff while Plaintiff was Residency Program 

Director and Vice Chair of Education of the Department of Psychiatry 

and his knowledge of negative remarks made by Plaintiff about other 

colleagues.

Dr. Haliburton was designated and disclosed as a non-retained expert 

witness as to the term “narcissist.”

Deposed? Yes.

Expected Duration of Direct Examination: 45 minutes

Witness Group(s): Probable, Non-Retained Expert 

7. Dr. Cheryl Hurd Sworn Testified

c/o Chris Ayers

AYRES LAW OFFICE, P.C.

One Glen Lakes Tower

8140 Walnut Hill Lane, Suite 830

Dallas, Texas 75231

Brief Narrative Summary of Testimony:

Defendants will question Dr. Hurd, the plaintiff, regarding her allegations

and positions taken in this lawsuit.

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Deposed? Yes.

Expected Duration of Cross-Examination: 2 hours

Witness Group(s): Probable

8. Dr. Nekesha Oliphant Sworn Testified

c/o Jordan Parker or Derek Carson

CANTEY HANGER LLP

600 W. 6th Street, Suite 300

Fort Worth, Texas 76102

Brief Narrative Summary of Testimony:

Dr. Oliphant is a psychiatrist employed by Acclaim who serves as Vice 

Chair of Inpatient Psychiatry. Dr. Oliphant may, if the need arises, testify 

regarding her interactions with Plaintiff while Plaintiff was Residency 

Program Director and Vice Chair of Education of the Department of 

Psychiatry and her knowledge of negative remarks made by Plaintiff 

about her to other colleagues.

Deposed? No.

Expected Duration of Direct Examination: 45 minutes

Witness Group(s): Possible, Non-Retained Expert 

9. Dr. Alan Podawiltz Sworn Testified

c/o Jordan Parker or Derek Carson

CANTEY HANGER LLP

600 W. 6th Street, Suite 300

Fort Worth, Texas 76102

Brief Narrative Summary of Testimony:

Dr. Podawiltz is a psychiatrist employed by Acclaim who serves as 

Senior Physician Executive, Behavioral Health, and Chair of the 

Department of Psychiatry at JPS. Dr. Podawiltz is expected to testify 

regarding Plaintiff’s employment history with Defendants, Plaintiff’s 

employment contracts and amendments, and the circumstances 

surrounding her removal from the two departmental administrative 

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positions from which she was removed. Dr. Podawiltz will testify to the 

nature of Plaintiff’s removal, including his view that the removal was not 

a demotion. He likewise will testify that her removal did not adversely 

impact her compensation and benefits and that any lack of due process 

afforded to her did not adversely impact her compensation and benefits 

or any future compensation and benefits. He may also testify to reports 

he received about Plaintiff’s treatment of co-workers and comments 

about colleagues. 

Dr. Podawiltz is expected to testify to Acclaim’s practices regarding 

physician contracts and the allocation of physicians’ Total FTE. In 

particular, Dr. Podawiltz will testify that Acclaim’s practice is to retain 

discretion over physicians’ Total FTE breakdown and that FTE 

information is included in contracts to serve administrative ends. Dr. 

Podawiltz will explain the reasons why Acclaim must retain discretion 

over physicians’ Total FTE. Likewise, Dr. Podawiltz will testify that 

Acclaim’s practice is to include physicians’ job titles or roles in their 

contracts for administrative or convenience purposes. He will testify that 

department chairs at JPS have the discretion to appoint or remove 

employees from administrative leadership positions.

Dr. Podawiltz is expected to testify about the appointment of Dr. Dustin 

DeMoss as the Vice Chair of Education and the Residency Program 

Director for the Department of Psychiatry and the circumstances 

surrounding the appointment. Dr. Podawiltz may also testify to the nature 

of the relationship between residents and their program directors.

Dr. Podawiltz is expected to testify regarding the terms “narcissism” and 

“narcissistic personality disorder.” Dr. Podawiltz will testify that, in the 

event it is found that Dr. Haliburton called Plaintiff a “narcissist” as 

alleged by Plaintiff, that statement cannot reasonably be interpreted to 

have been a factual, clinical, or diagnostic assessment under the 

circumstances and that, in any event, it would not have caused 

stigmatization to Plaintiff’s reputation or adversely affected her career or 

future earnings. 

Dr. Podawiltz was designated and disclosed as a non-retained expert 

witness as to the term “narcissist” and as to Plaintiff’s employability and 

claimed reputational injury and losses and related subjects.

Deposed? Yes.

Expected Duration of Direct Examination: 2 hours

Witness Group(s): Probable, Non-Retained Expert, Records Custodian

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10. Teresa Morgan Sworn Testified

c/o Jordan Parker or Derek Carson

CANTEY HANGER LLP

600 W. 6th Street, Suite 300

Fort Worth, Texas 76102

Brief Narrative Summary of Testimony:

Ms. Morgan is the Director of Employee Experience, Human Resources, 

at JPS. Ms. Morgan may testify, if the need arises, about the HR 

investigation into the complaint made against Dr. Hurd arising out of the 

December 8, 2021 Zoom call referenced in Plaintiff’s Second Amended 

Complaint. 

Deposed? No.

Expected Duration of Direct Examination: 30 minutes

Witness Group(s): Possible

11. Dena Palmer Sworn Testified

c/o Jordan Parker or Derek Carson

CANTEY HANGER LLP

600 W. 6th Street, Suite 300

Fort Worth, Texas 76102

Brief Narrative Summary of Testimony:

Ms. Palmer may testify, if the need arises, to Acclaim’s practices 

concerning physician contracts and Total FTE allocation. Ms. Palmer 

may testify that Acclaim’s practice is to retain discretion over physicians’ 

Total FTE breakdown and that FTE information is included in contracts 

to serve administrative ends. Likewise, Ms. Palmer may testify, if the 

need arises, that Acclaim’s practice is to include physicians’ job titles or 

roles in their contracts for administrative or convenience purposes. 

Deposed? No.

Expected Duration of Direct Examination: 30 minutes

Witness Group(s): Possible

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Witnesses Called by Plaintiff

Defendants reserve the right to call and/or cross-examine any witnesses called by Plaintiff.

Respectfully submitted,

 /s/ Jordan M. Parker

Jordan M. Parker

State Bar No. 15491400

jparker@canteyhanger.com

Derek Carson

State Bar No. 24085240

dcarson@canteyhanger.com

Alexandra M. Williams

State Bar No. 24107297

awilliams@canteyhanger.com

CANTEY HANGER LLP

Cantey Hanger Plaza

600 W. 6th St., Suite 300

Fort Worth, TX 76102

(817) 877-2800 (phone)

(817) 877-2807 (fax)

COUNSEL FOR DEFENDANTS

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CERTIFICATE OF SERVICE

The undersigned certifies that a copy of this document was served on all counsel of record 

via this Court’s ECF system on November 4, 2022.

 /s/ Jordan M. Parker

Jordan M. Parker

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