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Dubay's Mot. Summ. J. at 4). Second, Dubay argues that mainly because the business partnership involving Southern Union and Southwest was "coterminous" with their contractual partnership, Dubay was not a stranger to the small business romantic relationship and are unable to be liable for interference with the partnership as a matter of law. Dubay's argument that he are not able to be liable for tortious interference with Southern Union's organization romance with Southwest due to the fact the business marriage was "coterminous" with their contractual marriage also fails. On August 2, 2001, Southern Union filed a Motion to Strike Expert Reports of Southwest ("Motion to Strike") (Doc. Specifically, Southern Union alleges that Gaberino was actively included with Irvin and Rose in drafting and circulating the Irvin Letter and encouraging Governor Guinn's phone connect with to the Southwest Board. First, Rose and Irvin allegedly associated themselves in the Southwest-ONEOK merger negotiations ahead of Southern Union introduced its merger supply to Southwest in February 1999. (See 7/4/99 Fisher Aff

9).50 Southern Union argues that Southwest's alleged failure to disclose the documents, as required by Fed.R.Civ.P. Fed.R.Civ.P. 26(a)(1)(B). Similarly, Rule 26(a)(2) necessitates parties to disclose qualified reports geared up and signed by the pro witness that shall have, between other factors, "the info or other info regarded as by the witness in forming the thoughts." Fed.R.Civ.P. Regardless of whether Dubay and ONEOK characterize "a solitary lawful actor" that are not able to conspire with alone, Dubay/ONEOK can be liable for allegedly conspiring with Irvin and Rose. Accordingly, Dubay, like ONEOK, can be liable for allegedly interfering with Southern Union's company connection with Southwest. Maffie, by contrast, was a social gathering to both the Standstill Agreement and the company romance amongst Southern Union and Southwest mainly because he was President and Chief Executive Officer of Southwest. Gaberino argues that: (1) like Dioguardi, ONEOK's outdoors counsel, Gaberino was performing at all periods in just the scope of his employment as an legal professional and simply cannot conspire with his customer, ONEOK, as a issue of regulation (2) like Maffie, Gaberino is an agent of his employer, ONEOK, and can not tortiously interfere with a deal or marriage to which ONEOK is a occasion as a issue of legislation and (3) like ONEOK, Gaberino was not a stranger to the Standstill Agreement and could not interfere with Southern Union's contract or small business marriage with Southwest as a make a difference of regulation

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