Case 2:16-cv-00290 Document 35 Filed 05/27/16 Page 1 of 5 PageID #: 389 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA EQT PRODUCTION COMPANY, Plaintiff, v. CIVIL ACTION NO. 2:16-cv-00290 MATTHEW D. WENDER, et al., Defendants. DEFENDANTS’ DISCLOSURE OF WITNESSES FOR JUNE 10, 2016 HEARING AND MOTION FOR ORDER DIRECTING PLAINTIFF TO DISCLOSE WITNESSES BY MAY 31, 2016 AND FOR ALL PARTIES TO DISCLOSE EXHIBITS BY JUNE 1, 2016 Defendants hereby disclose the identify of the witnesses whose testimony they intend to present at the permanent injunction hearing set in this matter for June 10, 2016: 1. Matthew Wender Fayette County Commissioner 100 Court Street PO Box 307 Fayetteville, WV 25840 (304) 574-4290 Mr. Wender is expected to testify regarding the events leading up to the enactment of the Ordinance and Amended Ordinance at issue in this matter, the Fayette County Commission’s reasons for adopting those ordinances, sources of drinking water in Fayette County, the importance of tourism to the Fayette County economy, the importance of a healthy environment to Fayette County’s tourism industry, and other issues related to the ordinances and Fayette County’s authority to enact them. 2. Christopher D. Kassotis, Ph.D. Postdoctoral Research Associate Duke University Nicholas School of the Environment A224 Levine Science Research Center 450 Research Drive Durham, NC 27708 Defendants will offer Dr. Kassotis as an expert in, among other things, Endocrinology and Biological Sciences, to testify regarding the presence of 1 Case 2:16-cv-00290 Document 35 Filed 05/27/16 Page 2 of 5 PageID #: 390 pollutants in surface waters associated with an oil and gas wastewater disposal site in Fayette County, West Virginia, and the hazards to human health presented by those and other pollutants associated with oil and gas wastewater. A copy of Dr. Kassotis’s Curriculum Vitae is attached to this Disclosure as Exhibit 1. This disclosure is made based on information available to Defendants at this time. Defendants reserve the right to supplement this disclosure if necessary. Defendants further respectfully request that the Court issue an order directing Plaintiff to disclose the identity of its witnesses no later than Tuesday, May 31, 2016, and directing the Parties to disclose exhibits no later than Wednesday, June 1, 2016. In support of this motion, Defendants assert the following: 1. The Court’s March 28, 2016 Order establishing the schedule for the proceedings in this action does not set a deadline for the disclosure of witnesses or exhibits. 2. The pre-hearing conference in this action is set for June 3, 2016. Defendants believe it is appropriate for the Parties to exchange witness and exhibit lists in advance of that conference. 3. On Thursday May 26, 2016, upon confirming Dr. Kassotis’s availability to testify at the June 10, 2016 permanent injunction hearing in this action, Defendants’ counsel attempted to contact Plaintiff’s counsel via telephone and electronic mail in order to reach an agreement regarding witness and exhibit disclosure. Those efforts were unsuccessful. Respectfully submitted, /s/ Derek O. Teaney DEREK O. TEANEY (W. Va. Bar No. 10223) Appalachian Mountain Advocates, Inc. P.O. Box 507 Lewisburg, WV 24901 Telephone: (304) 793-9007 Facsimile: (304) 645-9008 dteaney@appalmad.org Counsel for Defendants 2 Case 2:16-cv-00290 Document 35 Filed 05/27/16 Page 3 of 5 PageID #: 391 Thomas A. Rist Rist Law Offices 103 Fayette Avenue Fayetteville, WV 25840 Counsel for Defendants Larry E. Harrah, II Fayette County Prosecuting Attorney’s Office 108 East Maple Avenue Fayetteville, WV 25840 Counsel for Defendants 3 Case 2:16-cv-00290 Document 35 Filed 05/27/16 Page 4 of 5 PageID #: 392 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA EQT PRODUCTION COMPANY, Plaintiff, v. CIVIL ACTION NO. 2:16-cv-00290 (Judge Copenhaver) MATTHEW D. WENDER, in his official capacity as President of the County Commission of Fayette County, West Virginia, DENISE A. SCALPH, in her official capacity as a Commissioner of the County Commission of Fayette County, West Virginia, and JOHN H. LOPEZ, in his official capacity as a Commissioner of the County Commission of Fayette County, West Virginia, Defendants. CERTIFICATE OF SERVICE I, Derek O. Teaney, hereby certify that on May 27, 2016, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following: Timothy M. Miller Christopher B. Power Robert M. Stonestreet Matthew S. Casto Babst Calland Clements & Zomnir BB&T Square, Suite 1000 300 Summers Street Charleston, WV 25301 Counsel for Plaintiffs Larry E. Harrah, II Fayette County Prosecuting Attorney’s Office 108 East Maple Avenue Fayetteville, WV 25840 Counsel for Defendants Thomas A. Rist 4 Case 2:16-cv-00290 Document 35 Filed 05/27/16 Page 5 of 5 PageID #: 393 Rist Law Offices 103 Fayette Avenue Fayetteville, WV 25840 Counsel for Defendants /s/ Derek O. Teaney DEREK O. TEANEY (W. Va. Bar No. 10223) 5