IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

ABILINE DIVISION 

FAIR OAKS APARTMENTS, LLC § 

Plaintiff, § 

§ 

v. § CIVIL ACTION NO. 1:22-cv-00065-BU 

§ 

ALLIED INSURANCE COMPANY § 

OF AMERICA, § 

Defendant. § 

DEFENDANT’S AMENDED RULE 26(a)(2) EXPERT DISCLOSURES 

Allied Insurance Company of America, (“Defendant”) hereby serves its Amended Rule 

26(a)(2) Expert Disclosures, expressly reserving the right to designate additional experts at its 

discretion in accordance with the Federal Rules of Civil Procedure and any deadlines set by the 

Court. 

Defendant designates the following individuals as retained testifying experts in this case: 

1. David Teasdale, P.E. 

Haag Engineering 

1410 Lakeside Blvd., Ste. 100 

Flower Mound, Texas 75028 

(214) 614-6500 

(214) 614-6501 – Facsimile 

Mr. Teasdale is a licensed professional engineer and is a retained expert. He will testify 

regarding the nature, cause, and scope of damages to Plaintiffs’ property. Mr. Teasdale 

may also rebut opinions offered in this case by Plaintiff’s experts that fall within his areas 

of expertise. A description of the general substance of his opinions, observations, and 

conclusions will be contained in his November 17, 2022 report, which is attached as 

Exhibit C. His opinions are based on his October 25, 2022 inspection of the property, his 

photographs of the property, review of documents and materials as listed in his report, and 

his education, training, and experience as a forensic engineer. Mr. Teasdale’s curriculum 

vitae, testimony history, and fee schedule are attached as Exhibit D. 

Case 1:22-cv-00065-H-BU Document 22 Filed 11/21/22 Page 1 of 4 PageID 349
2. Randall Taylor 

Shanubh Desai 

West Fire Construction & Restoration, Inc. 

1114 Avenue C 

Katy, Texas 77493 

(713) 682-2494 

(713) 682-5143 – Facsimile 

Mr. Taylor and Mr. Desai are repair cost estimators and contractors and are retained 

experts. Their opinions are reflected in their report dated November 21, 2022, which is 

attached as Exhibit E. Mr. Taylor and Mr. Desai may rebut opinions offered in this case 

by Plaintiffs’ experts that fall within their areas of expertise. Mr. Taylor and Mr. Desai’s 

opinions are based on Mr. Desai’s inspection of Plaintiffs’ property, their review of 

documents and materials as listed in their report, and their education, training, and 

experience in construction and estimating. Mr. Taylor and Mr. Desai may also review and 

opine on information and materials obtained in discovery in this case, including but not 

limited to deposition testimony. Mr. Taylor’s curriculum vitae, testimony history, and fee 

schedule are attached as Exhibit F. Mr. Desai’s curriculum vitae and fee schedule are 

attached as Exhibit G. 

Defendant also designates the following non-retained expert: 

1. Drew Lindemann, P.E. 

Envista Forensics 

111 Deer Lake, Suite 100 

Deerfield, IL 60015 

(888) 782-3473 

(214) 551-1232 

Mr. Lindemann is a licensed professional engineer and is a retained expert. He will testify 

regarding the nature, cause, and scope of damages to Plaintiff’s property. He may also 

rebut opinions offered in this case by Plaintiff’s experts that fall within his areas of 

expertise. A description of the general substance of Mr. Lindemann’s opinions, 

observations, and conclusions is contained in Mr. Lindemann’s report dated June 23, 2021, 

which was previously provided. These opinions are based on Mr. Lindemann’s inspection 

of the property, photographs of the property, review of documents and materials as listed 

in Mr. Lindemann’s report, and his education, training, and experience as an engineer. Mr. 

Lindemann’s curriculum vitae, testimony history, and fee schedule were previously 

provided. 

Defendant reserves the right to elicit opinion testimony, by deposition or at trial, from any 

other party to this litigation, either by cross-examination or by calling the party as an adverse 

witness, even if the party is not a party to this suit at the time of trial. This designation is not an 

Case 1:22-cv-00065-H-BU Document 22 Filed 11/21/22 Page 2 of 4 PageID 350
adoption of the opinions of any other party to this suit. 

Defendant reserves the right to designate and call, by deposition or at trial, any expert 

witness designated by any other party to this litigation, either by cross-examination or by calling 

the individual as an adverse witness, even if the party designating such witness is not a party to 

this suit at the time of trial. This designation is not an adoption of the opinions of any witness 

identified by any other party, nor is it a waiver or abandonment of any Daubert challenges to the 

admissibility of opinion testimony designated by any other party. 

Discovery in this matter is not yet completed, and Defendant reserves the right to seek 

leave to supplement this designation with additional experts within the time limits imposed by the 

Court or any alterations made by subsequent Court order, the rules of procedure, agreement of the 

parties, and/or identification of witnesses during depositions, or as a consequence of continuing 

discovery.

Defendant reserves the right to call undesignated rebuttal expert witnesses whose testimony 

cannot reasonably be foreseen until the presentation of the evidence against Defendant. 

Defendant reserves the right to elicit lay opinion testimony from any witness at the time of 

trial which would be truthful, which would be beneficial to the jury in determining material issues 

of fact, and which would not violate any existing Court Order or the Federal Rules of Civil 

Procedure. 

Defendant reserves the right to withdraw the designation of any expert and to aver 

positively that any such previously designated expert will not be called as a witness at trial. 

Defendant also reserves the right to re-designate such experts as consulting experts, who cannot 

be called by opposing counsel. 

Case 1:22-cv-00065-H-BU Document 22 Filed 11/21/22 Page 3 of 4 PageID 351
This designation serves as a response to any and all discovery requests calling for 

information about testifying witnesses, including Rule 26(a)(1) Initial Disclosures and Rule 

26(a)(2) Expert Disclosures. 

Respectfully submitted, 

 /s/ Patrick M. Kemp 

Patrick M. Kemp 

Texas Bar No. 24043751 

pkemp@smsm.com 

Robert G. Wall 

Texas Bar No. 24072411 

rwall@smsm.com 

C Daniel DiLizia 

Texas Bar No. 24099800 

ddilizia@smsm.com 

Segal McCambridge Singer & Mahoney 

100 Congress Avenue, Suite 800 

Austin, Texas 78701 

(512) 476-7834 

(512) 476-7832 – Facsimile 

ATTORNEYS FOR DEFENDANT ALLIED 

INSURANCE COMPANY OF AMERICA 

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing instrument has been served 

electronically via CM/ECF and e-mail on this the 21st day of November, 2022 to: 

Katherine C. Hairfield

Shaun W. Hodge 

William L. Pratt

The Hodge Law Firm, PLLC 

1301 Market Street 

Galveston, Texas 77550 

khairfield@hodgefirm.com 

shodge@hodgefirm.com 

wpratt@hodgefirm.com 

/s/ Patrick M. Kemp 

Patrick M. Kemp 

Case 1:22-cv-00065-H-BU Document 22 Filed 11/21/22 Page 4 of 4 PageID 352