Case 6:15-cv-00907-RWS-KNM Document 81 Filed 05/06/16 Page 1 of 5 PageID #: 2662
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
` Civil Action No. 6:15-cv-907
`
`
`
`
`SIPCO, LLC, and IP CO, LLC
`(d/b/a INTUS IQ),
`
`
`
` v.
`
`EMERSON ELECTRIC CO., EMERSON
`PROCESS MANAGEMENT LLLP, FISHER-
`ROSEMOUNT SYSTEMS, INC.,
`ROSEMOUNT INC., BP, p.l.c., BP
`AMERICA, INC., and BP AMERICA
`PRODUCTION COMPANY,
`
`
`
`
`
`
`
`Defendants.
`
`
`
`
`DEFENDANTS’ OBJECTIONS TO THE DECLARATION OF TIMOTHY
`J. REPPUCCI, ESQ. IN SUPPORT OF OPPOSITION TO DEFENDANTS’
`JOINT MOTION TO SEVER AND STAY (DKT. 76)
`
`Defendants Emerson Electric Co., Emerson Process Management LLLP, Fisher-
`
`
`
`Rosemount Systems, Inc., Rosemount Inc., BP p.l.c., BP America, Inc., BP America Production
`
`Company hereby make the following objections to the “Declaration of Timothy J. Reppucci,
`
`Esq. in Support of Opposition to Defendants’ Joint Motion to Sever and Stay.” (See Dkt. 76).
`
`Other than the statements purporting to authenticate the various exhibits, Defendants object to
`
`remainder of the declaration as an improper attempt to circumvent the Court’s page limits for
`
`opposition briefs. These statements are argumentative and, if included at all, should have been
`
`included in the Plaintiffs’ opposition brief.
`
`Declaration Paragraph 4 – Defendants object to the final sentence in this paragraph under
`
`FRE 602 and 701 because the declarant lacks personal knowledge of any of the matters
`
`described in Exhibit 1 to the declaration, and also has no basis to provide any opinion testimony
`
`-1-
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
` Civil Action No. 6:15-cv-907
`
`
`
`
`SIPCO, LLC, and IP CO, LLC
`(d/b/a INTUS IQ),
`
`
`
` v.
`
`EMERSON ELECTRIC CO., EMERSON
`PROCESS MANAGEMENT LLLP, FISHER-
`ROSEMOUNT SYSTEMS, INC.,
`ROSEMOUNT INC., BP, p.l.c., BP
`AMERICA, INC., and BP AMERICA
`PRODUCTION COMPANY,
`
`
`
`
`
`
`
`Defendants.
`
`
`
`
`DEFENDANTS’ OBJECTIONS TO THE DECLARATION OF TIMOTHY
`J. REPPUCCI, ESQ. IN SUPPORT OF OPPOSITION TO DEFENDANTS’
`JOINT MOTION TO SEVER AND STAY (DKT. 76)
`
`Defendants Emerson Electric Co., Emerson Process Management LLLP, Fisher-
`
`
`
`Rosemount Systems, Inc., Rosemount Inc., BP p.l.c., BP America, Inc., BP America Production
`
`Company hereby make the following objections to the “Declaration of Timothy J. Reppucci,
`
`Esq. in Support of Opposition to Defendants’ Joint Motion to Sever and Stay.” (See Dkt. 76).
`
`Other than the statements purporting to authenticate the various exhibits, Defendants object to
`
`remainder of the declaration as an improper attempt to circumvent the Court’s page limits for
`
`opposition briefs. These statements are argumentative and, if included at all, should have been
`
`included in the Plaintiffs’ opposition brief.
`
`Declaration Paragraph 4 – Defendants object to the final sentence in this paragraph under
`
`FRE 602 and 701 because the declarant lacks personal knowledge of any of the matters
`
`described in Exhibit 1 to the declaration, and also has no basis to provide any opinion testimony
`
`-1-
`
`
`
`Case 6:15-cv-00907-RWS-KNM Document 81 Filed 05/06/16 Page 2 of 5 PageID #: 2663
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`about that document.
`
`Declaration Paragraph 5 – Defendants object to the final sentence in this paragraph under
`
`FRE 602 and 701 because the declarant lacks personal knowledge of any of the matters
`
`described in Exhibit 2 to the declaration, and also has no basis to provide any opinion testimony
`
`about that document.
`
`Declaration Paragraph 6 – Defendants object to the subparagraphs (a)-(b), and (d)-(e) in
`
`this paragraph under FRE 602 and 701 because the declarant lacks personal knowledge of any of
`
`the matters described in Exhibit 3 to the declaration, and also has no basis to provide any opinion
`
`testimony about that document.
`
`Declaration Paragraph 8 – Defendants object to the final sentence in this paragraph under
`
`FRE 602 and 701 because the declarant lacks personal knowledge of any of the matters
`
`described in Exhibit 5 to the declaration, and also has no basis to provide any opinion testimony
`
`about that document.
`
`Declaration Paragraph 9 – Defendants object to the final two sentences in this paragraph
`
`under FRE 602 and 701 because the declarant lacks personal knowledge of any of the matters
`
`described in Exhibit 6 to the declaration, and also has no basis to provide any opinion testimony
`
`about that document.
`
`Declaration Paragraph 11 – Defendants object to subparagraphs (a) and (b) in this
`
`paragraph under FRE 602 and 701 because the declarant lacks personal knowledge of any of the
`
`matters described in Exhibit 8 to the declaration, and also has no basis to provide any opinion
`
`testimony about that document.
`
`Declaration Paragraph 12 – Defendants object to subparagraphs (c)-(e) in this paragraph
`
`under FRE 602 and 701 because the declarant lacks personal knowledge of any of the matters
`
`-2-
`
`
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`Case 6:15-cv-00907-RWS-KNM Document 81 Filed 05/06/16 Page 3 of 5 PageID #: 2664
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`described in Exhibit 9 to the declaration, and also has no basis to provide any opinion testimony
`
`about that document.
`
`Declaration Paragraph 13 – Defendants object to the final sentence in this paragraph
`
`under FRE 602 and 701 because the declarant lacks personal knowledge of any of the matters
`
`described in Exhibit 10 to the declaration, and also has no basis to provide any opinion testimony
`
`about that document.
`
`Declaration Paragraph 14 – Defendants object to subparagraphs (a)-(b) in this paragraph
`
`under FRE 602 and 701 because the declarant lacks personal knowledge of any of the matters
`
`described in Exhibit 11 to the declaration, and also has no basis to provide any opinion testimony
`
`about that document.
`
`Declaration Paragraph 15 – Defendants object to subparagraphs (c)-(d) in this paragraph
`
`under FRE 602 and 701 because the declarant lacks personal knowledge of any of the matters
`
`described in Exhibit 12 to the declaration, and also has no basis to provide any opinion testimony
`
`about that document.
`
`Declaration Paragraph 19 – Defendants object to subparagraph (b) in this paragraph
`
`under FRE 602 and 701 because the declarant lacks personal knowledge of any of the matters
`
`described in Exhibit 16 to the declaration, and also has no basis to provide any opinion testimony
`
`about that document.
`
`Declaration Paragraph 20 – Defendants object to the second sentence in this paragraph
`
`under FRE 602 and 701 because the declarant lacks personal knowledge of any of the matters
`
`described in Exhibit 17 to the declaration, and also has no basis to provide any opinion testimony
`
`about that document.
`
`Declaration Paragraph 21 – Defendants object to the second sentence and subparagraphs
`
`-3-
`
`
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`Case 6:15-cv-00907-RWS-KNM Document 81 Filed 05/06/16 Page 4 of 5 PageID #: 2665
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`(b)-(e) in this paragraph under FRE 602 and 701 because the declarant lacks personal knowledge
`
`of any of the matters described in Exhibit 11 to the declaration, and also has no basis to provide
`
`any opinion testimony about that document.
`
`
`
`
`
`_/s/ Melissa R. Smith
`Melissa R. Smith
`State Bar No. 24001351
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`Email: melissa@gillamsmithlaw.com
`
`Donald L. Jackson
`James D. Berquist
`J. Scott Davidson
`DAVIDSON BERQUIST JACKSON &
`GOWDEY, LLP
`8300 Greensboro Dr., Suite 500
`McLean, VA 22102
`
`ATTORNEYS FOR DEFENDANTS EMERSON
`ELECTRIC CO., EMERSON PROCESS
`MANAGEMENT LLLP, FISHER-ROSEMOUNT
`SYSTEMS, INC., ROSEMOUNT INC., BP P.L.C.,
`BP AMERICA, INC., AND BP AMERICA
`PRODUCTION COMPANY
`
`
`
`-4-
`
`
`
`
`
`
`
`
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`Case 6:15-cv-00907-RWS-KNM Document 81 Filed 05/06/16 Page 5 of 5 PageID #: 2666
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`CERTIFICATE OF SERVICE
`
`
`
`The undersigned hereby certifies that on this 6th day of May, 2016, a true and correct
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`copy of the foregoing document has been served via the Court’s ECF system to all counsel of
`
`/s/ Melissa R. Smith
`Melissa R. Smith
`
`
`
`record.
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