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Case 3:16-cv-02579-B Document 22 Filed 05/08/17 Page 1 of 3 PageID 245

IN THE UNITED STATE DISTRICT COURT


NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

AVI S. ADELMAN
Plaintiff,

v. Civil Action No. 3:16-cv-2579

DALLAS AREA RAPID TRANSIT,
and STEPHANIE BRANCH, individually
and in her official capacity as a Dallas
Area Rapid Transit Police Officer
Defendants.

DEFENDANT DALLAS AREA RAPID TRANSITS


FRCP 26(a)(2) EXPERT DISCLOSURE

COME NOW DALLAS AREA RAPID TRANSIT (DART) and makes these expert

disclosures in accordance with the Courts Scheduling Order, FRCP and the Local Rules.

1. The following person have been retained or specifically employed to present expert

testimony or evidence under FRE 702, 703, or 705.

Albert Ortiz, Police Consultant


3926 River Falls
San Antonio, Texas 78259

Mr. Albert Ortizs testimony will be on Officer Branchs TCOLE licensing and
certifications. Mr. Ortiz will also testify regarding DART and the DART Police Departments
policy and practice in reference to the investigation and arrest of criminal offenses, arguable
probable cause, goof faith belief of arguable probable cause or reasonably mistaken with the
existence of probable cause, arrest procedures, law enforcement training and how officers in the
same or similar circumstances as Officer Stephanie Branch could have reasonably acted and
responded to the circumstances involving Adelman. Mr. Ortizs report, fee summary, CV and
experience are attached at Exhibit 1.

2. DART hereby designates the following persons who may provide expert testimony.

James Spiller, DART Chief of Police


DART Police Department, 2111 S. Corinth Street Rd., Dallas, Tx. 75203

DEFENDANTS FRCP 26(a)(2) EXPERT DISCLOSURE Page 1


Case 3:16-cv-02579-B Document 22 Filed 05/08/17 Page 2 of 3 PageID 246

DART Police Chief, James Spiller will testify that he is familiar with all the DART
police general orders of the police department, the DART passenger code of conduct,
arrest procedures, the departments photography policy, criminal trespass incidents or
offenses and that the DART Police Department policies were enacted to ensure all persons
in police custody are treated fairly and their constitutional rights are protected. Chief
Spiller will testify the DART Police Department has no patterns, customs, practices, or
procedures that condone or encourage the violation of any individuals clearly established
constitutional right or illegal seizures of persons. Chief Spiller will testify all DART
police officers are TCOLE certified and have met the minimum basic training
requirements for a Basic Peace Officer Certification. Chief Spiller will testify he has the
authority to request the DART Police Office of Professional Standards to complete an
investigation of any alleged DART police officer misconduct. Chief Spiller will also
testify that he has the final review and discretion to discipline any DART police officer
who has been found to have violated or misapplied police policies, general orders, rule,
regulation or law. Chief Spiller will also testify he has the discretion to review any arrest
and determine whether it was consistent with DART police policies and directives and
based on the totality of circumstances whether to prosecute or dismiss a case. DART has
provided the Plaintiff with a copy of the Internal Affairs report pertaining to Stephanie
Branch and applicable general orders.

Higinio Gene Gamez, Attorney


Harold McKeever, Attorney
Dallas Area Rapid Transit
1401 Pacific Avenue
Dallas, Texas 75202

Mr. Gamez and Mr. McKeever represent Dallas Area Rapid Transit in this matter. They
will provide expert testimony as to the reasonable and necessary attorneys fees incurred by
DART. To the extent such testimony is required, their opinion is that the attorneys fees and
expenses incurred by DART in providing legal services against Plaintiffs claims in this litigation
are reasonable and necessary. Such fees and expenses currently exceed $15,000.00 and continue
to accrue. Mr. Gamez and Mr. McKeever will supplement their opinion after trial or judgment
pursuant to Federal Rule of Civil Procedure 54.

Mr. Gamezs and Mr. McKeevers will be based on their education, background, training,
and knowledge as attorneys; their familiarity with reasonable and customary charges for legal
services in Texas; and will testify on how the lodestar method was used to determine reasonable
and necessary attorney fees for the defense of this lawsuit.

Discovery is not complete, as document production and depositions are ongoing.


Defendant Dallas Area Rapid Transit therefore reserves the right to amend and/or supplement the
amount and designation.

DEFENDANTS FRCP 26(a)(2) EXPERT DISCLOSURE Page 2


Case 3:16-cv-02579-B Document 22 Filed 05/08/17 Page 3 of 3 PageID 247

Jane Bishkin, Attorney


Law Offices of Jane Bishkin
10000 N. Central Expressway, Suite 400
Dallas,Texas 75231

Ms. Bishkin represents Officer Stephanie Branch in this matter. She may provide expert
testimony as to the reasonable and necessary attorneys fees incurred in representing Officer
Stephanie Branch. To the extent such testimony is required, her opinion is that the attorneys fees
and expenses incurred in defending Officer Branch are reasonable and necessary. Such fees and
expenses currently exceed $18,000.00 and continue to accrue. Ms. Bishkin will supplement her
opinion after trial or judgment pursuant to Federal Rule of Civil Procedure 54.

Ms. Bishkins testimony will be based on her education, background, training, and
knowledge as attorney; her familiarity with reasonable and customary charges for legal services in
in the Dallas area; and may testify on how the lodestar method was used to determine reasonable
and necessary attorney fees for the defense of Officer S. Branch in this lawsuit.

Discovery is not complete, as document production and depositions are ongoing.


Defendant Branch therefore reserve the right to amend and/or supplement these designations.

Respectfully submitted,

By: /s/ Higinio Gamez


Higinio Gene Gamez
Senior Assistant General Counsel
State Bar No.: 90001969
LEGAL DEPARTMENT
DALLAS AREA RAPID TRANSIT
P. O. Box 660163
Dallas, Texas 75266-7255
(214) 749-3196 Fax (214) 749-0281
ggamez@dart.org
Attorney for Defendant DART

CERTIFICATE OF SERVICE
This is to certify that on May 8, 2017, a copy of this document was served via the Courts
ECF filing system or by facsimile upon Plaintiffs Counsel: Tyler J. Bexley, Reese, Gordon,
Marketos, LLP, 750 N. Saint Paul Street, Suite 610, Dallas, Texas 75201-3202. Fax: 214-501-
0731, tyler.bexley@rgmfirm.com and Jane Bishkin, Law Offices of Jane Bishkin, 10000 N.
Central Expressway, Ste. 400, Dallas, Tx. 75231, jbish@swbell.net.

/s/ Higinio Gamez_______


Higinio Gene Gamez
Attorney for Defendant DART

DEFENDANTS FRCP 26(a)(2) EXPERT DISCLOSURE Page 3


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DART001702 EXHIBIT 1
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DART001703 EXHIBIT 1
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DART001704 EXHIBIT 1
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DART001705 EXHIBIT 1
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DART001706 EXHIBIT 1
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Albert Ortiz Consulting
3926 River Falls
San Antonio, Texas 78259

EMPLOYMENT:
2006-Present Albert Ortiz Consulting
Consulting and Expert Witness Services in Premise Liability and Police Liability/Employment
Issues
2002-2006 Chief of Police, San Antonio Police Department
Responsible for the administration of 250+ million dollar budget and management of
2700 employees
2000-2002 Assistant Chief of Police, Administration Bureau Commander
Supervise two deputy chiefs and two captains
Responsible for a 237 million dollar budget
Direct the Resource Management Division which includes: Accounting and Personnel
Unit; Research and Planning Unit; Crime Analysis Unit Management Accountability
Program (MAP); Training Academy; and Recruiting Detail
Manage the Professional Standards Section which includes: Internal Affairs Unit;
Accreditation Detail; and Staff Inspection Detail
Oversee the Support Services Division which includes: Community Services Section;
Communications Unit; Records Unit; Victims Advocacy Section; Psychological Services;
Vehicle Storage Unit; and Property and Evidence Room Detail
1999-2000 Deputy Chief, Chief of Staff
Managed the day-to-day operations of the department
Coordinated all police operations
Supervised all personnel reporting to the Chief of Police
1994-1999 Deputy Chief, Criminal Investigations Division Commander
Supervised three captains
Directed all Major Crime Investigations including: Homicide; Sex Crimes; Robbery;
Forgery; Narcotics; Vice; Traffic Investigations; Night Criminal Investigations Unit;
Vehicle Crimes; Repeat Offenders Program; Evidence Unit; and Youth Crimes
Administered a 30.9 million dollar budget
1994-1994 Captain, Property Crimes Commander
Supervised three Lieutenants
Directed the Burglary Unit; Theft Unit; Forgery Detail; and Auto Theft Unit
1992-1994 Lieutenant, Intelligence Unit Commander
Supervised one sergeant
Planned and directed Organized Crime Investigations
Directed Criminal investigations of Public Officials and Police Officers
Coordinated dignitary protection plans with various federal agencies for visiting heads of
state
1987-1992 Lieutenant, Homicide Unit Commander
Supervised three sergeants
Directed the investigations of the Homicide Detail; the Sex Crimes Detail; Aggravated
Assaults and Assaults Detail
Created and Commanded the Officer Involved Shooting Team which investigated all
shootings involving SAPD officers
Prepared and administered a 5 million dollar budget
1985-1987 Lieutenant, Special Operations (Gang/Directed Patrol)Unit Commander
Supervised two sergeants and a uniformed complement of sixteen officers who engaged
in directed and saturation patrol
Created and commanded the unit for the purpose of addressing gang and drug-related
activity, as well as unique crime problems that were beyond the capabilities of the regular
patrol officers
Planned, coordinated, and directed the operations of the unit
1984-1985 Sergeant, Sex Crimes Detail
Supervised 12 detectives

DART001707 EXHIBIT 1
Case 3:16-cv-02579-B Document 22-1 Filed 05/08/17 Page 7 of 11 PageID 254
Identified training needs for the detail
Trained incoming personnel
Coordinated investigation with outside agencies
Handled complaints against officers and recommended disciplinary actions
1983-1984 Sergeant, Night Vice Unit
Supervised 15 detectives
Planned and executed covert operations
Identified training needs for the detail
Trained incoming personnel
Coordinated investigations with outside agencies
Handled complaints against officers and recommended disciplinary actions
1983-1983 Sergeant, Patrol Supervisor
Supervised 15 Patrolmen
Handled complaints against officers and recommended disciplinary actions
1980-1983 Detective, Vice Unit (Undercover Operative)
Investigated prostitution, gambling, pornography, and liquor law violations
Provided direct support for other operational units
1972-1980 Patrolman
Field Training Officer
Special Weapons and Tactics (SWAT) Team

OTHER EMPLOYMENT:
2000-2002 Professor, Criminal Justice Department, San Antonio College
1972-1980 United States Army Reserves (Staff Sergeant)

EDUCATION:
Texas State University, Masters in Criminal Justice
Southwest Texas State University, Bachelor of Applied Arts and Sciences
San Antonio College, Associates in Public Administration
South San Antonio High School

AWARDS/HONORS/CERTIFICATES:
Master Peace Officer Certification
Crime Prevention Specialist
BNai BRith- Officer of the Year Award
Alamo Area Rape Crisis Center- Distinguished Community Service Award
Texas Department of Human Services-Contributions to Child Abuse Issues Award
Alamo Area Rape Crisis Center- Outstanding Voluntary Service Award
Texas Department of Regulatory and Protective Services-Served on the original Child Death Review Panel
for Bexar County
Created & Commanded the Officer Involved Shooting Team
Created & Commanded the Special Operations (Gang/Directed Patrol) Unit
Served on the Board of Directors and Instrumental in the Planning and Development of the Alamo
Childrens Advocacy Center
Pinnacle of Achievement Award Bexar Family Support Conference (Mental Health Issues)
Crisis Intervention Program Award Center for Health Care Services
Leadership Award San Antonio Hispanic Police Officers Organization
Equality in Law Enforcement Award League of United Latin American Cities (LULAC)

MEMBERSHIPS:
FBI NA- Federal Bureau of Investigation National Academy Associates
HAPCOA- Hispanic American Police Command Officers Association
The One Hundred Club of San Antonio

SKILLS:
Read, Write, and Speak Spanish Fluently
Computer Literate in Microsoft Applications and Web Navigation
Recognized as an Expert at the State and Federal Court Level in the Field of Criminal Investigations and
Police Procedures; Recognized as a Security Expert in State Court

PERSONAL: Married to Elizabeth Ortiz; One son, Daniel; Step-daughters Stacy and Lesley

DART001708 EXHIBIT 1
Case 3:16-cv-02579-B Document 22-1 Filed 05/08/17 Page 8 of 11 PageID 255

Albert Ortiz
Consulting
3926 River Falls
San Antonio, Texas
78259

May 7, 2017

Following is a list of cases in which I have testified since 2007:

TRIAL TESTIMONY:

1) Patrick McClure & Maxximum Enterprises v. Officer Biesenbach, et.al.


Civil Action No. SA-04-CA-079-RF
US District Court, Western District of Texas, San Antonio Division
Police Liability - February 13,2008

2) Humberto Salas v. United Independent School District


Civil Action No. L-08-CV-22
US District Court, Southern District of Texas, Laredo Division
Police Liability - January 12,2010

3) Darrington Daniels v. Regal Cinemas, Inc. et al.


Cause No. 2008-CI-19855
288th District Court, Bexar County, Texas
Police Liability - April 7, 2011

4) Mark Johnson v. Officer Philip Kory, City of San Antonio, et al.


Civil Action No. SA-09-CA-714-FB
US District Court, Western District of Texas, San Antonio Division
Police Liability - November 11,2010

5) Patrick Smith v. Officer Alfredo Gonzales, et.al.


Civil Action No. 5:10-CV-274
US District Court, Western District of Texas, San Antonio Division
Police Liability - June 12,2012

6) Steven Hernandez v. Bexar Co. Hospital District Police Department


Appeal of Texas Commission on Law Enforcement F-5 Termination Notice
Police Employment Arbitration Hearing
June 17,2014

DART001709 EXHIBIT 1
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Page 2 Ortiz Trial & Testimony History

7) Asset Protection Services v. Trailboss Enterprises


Cause No. 2013-CCV-60506-4
Contract Dispute - March 2, 2016

8) State of Texas v. Anthony Thomas


379th Criminal District Court - May 24, 2016
Criminal Trial: Murder

9) Cheryl Jones, et al. v. City of San Antonio, et al.


US District Court, Western District of Texas, San Antonio, Division
Police Liability March 4, 2017

DEPOSITION TESTIMONY:

1) Emily Cameron, v. Officer Steve Christian, City of San Antonio, et al.


Case No. SA-06-CA-0325-FB
US District Court, Western District of Texas, San Antonio Division
Police Liability - November 1, 2007

2) Jose Armando Saenz v. Zuniga, et.al.


79th Judicial District Court of Brooks County, Texas
Police Liability - March 21,2008

3) Cynthia Galvan, et al. v. City of San Antonio, et.al.


Civil Action No. SA-07-CA-371-0G
US District Court, Western District of Texas, San Antonio Division
Police Liability - April 07, 2008

4) Dan Kovacic, et al. v. Cheers Cocktails, et.al.


Cause No. 2007-CVQ-002221 D2
US District Court, Southern District of Texas, Laredo Division
Premises Liability - February 9, 2010

5) Michelle Kanagusico, et al. v. Joe Edmund Carmona, et.al.


Cause No. 342,744
County Court at Law # 7, Bexar County, Texas
Motor Vehicle (Police Car) Accident - March 14, 2010

6) Lindsey Bishop and Carolyn Clark v. CO SA, et.al.


Civil Action No. SA-09-CA-075 lOG
US District Court, Western District of Texas, San Antonio Division
Police Liability - June 24,2010

DART001710 EXHIBIT 1
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Page 3 Ortiz Trial & Testimony History

7) Leonore Madrigal v. Glafiro Montemayor E Hijos d/b/a Gemco Forwarding


111th Judicial District Court, Webb County, Texas
Cause No. 2009 - CVE - 784-D2
Motor Vehicle Accident - February 11,2011

8) M. Razu v. ABHI Enterprises, et.al.


10th Judicial District Court, Galveston, County, Texas
Cause No. 09-CV-2313

Premises Liability - February 14,2011

9) Gwendolyn Evans v. COSA, et.al.


Civil Action No. 5:11-CV-01055-0LG
US District Court, Western District of Texas, San Antonio Division
Police Liability - November 26,2012

10) Melissa Hopkins, et al. v. William Karman & City of San Antonio
Civil Action No.5: 11-CV -0087 -OLG
US District Court, Western District of Texas, San Antonio Division
Police Liability - March 12,2013

11) Brian Kane v. Officer Tim Bobo


Civil Action No.1 :12 - CV - 34355
US District Court, Western District of Texas, Austin Division
Police Liability - August 27,2013

12) Kandy & Daniel Perkins v. Aspen Heights


Cause Number 2012-CI-12882
57th Judicial District Court, Bexar County, Texas
Premises Liability - January 8, 2014

13) Erik Dudley Sr., Xandra Budd, Maribeth Huitfeldt v. Bexar County, et al.
Civil Action No. 12-CV-357-FB
US District Court, Western District of Texas, San Antonio Division
Police Liability - July 30, 2014

14) Asset Protection & Security Svcs. v. Trai1boss Enterprises


Cause No. 2013-CV-60506-4
County Court at Law # 4, Nueces County (Corpus Christi), Texas
Contract Dispute - December 16, 2015

15) Blanca Arizmendi v. Brownsville ISD, BISD Police Dept. & Sergeant
Patrick Gabbert
Civil Action No. 1:16-cv-063
US District Court, Southern District of Texas, Brownsville Division
DART001711 EXHIBIT 1
Police Liability - August 30, 2016
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Page 4 Ortiz Trial & Testimony History

16) Laura Blanco, et al. v. Houston Esperanza, et al.


State District Court, Harris County, Texas
Premises Liability - January 17, 2017

Albert A. Ortiz

DART001712 EXHIBIT 1

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