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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

CASE NO. 09-CV-21406-KMW TRILOGY PROPERTIES LLC, Plaintiff, June 11 , 2014 vs. 10:13 a .m. Miami, Florida SB HOTEL ASSOCIATES LLC, et al., Defendant. Pages 1 through 51

TRANSCRIPT OF CIVIL MOTION HEARING BEFORE THE HONORABLE KATHLEEN M. WILLIAMS

UNITED STATES DISTRICT JUDGE

APPEARANCES: For the Plaintiff Trilogy Properties: Jared H. Beck, Esq. Elizabeth Lee Beck, Esq. Beck & Lee Trial Lawyers 12485 SW 137th Ave., Ste. 205 Miami, FL 33186 For the Defendant Donald J. Trump: Herman Joseph Russomanno, II, Esq. Herman Joseph Russomanno, III, Esq. Russomanno & Borello PA 150 W Flagler Street Museum Tower Penthouse 2800 Miami, FL 33130 Reported By: Judith M. Wolff, CRR Official United States Court R eporter 400 N. Miami Avenue, Room 8N09 Miami, FL 33128 (305)523-5294 [email protected]

STENOGRAPHICALLY REPORTED, COMPUTER-AIDED TRANSCRIPT

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(Court was called to order.)

THE COURT: Please be seated, everyone.

COURTROOM DEPUTY: The Court calls case Number

09-21406-CV-Williams. Trilogy Properties versus Tr ump

Organization LLC.

Counsel, would you please state your appearance.

MR. BECK: Good morning, Your Honor. Jared Beck on

behalf of the plaintiffs. With me at counsel table is

Elizabeth Lee Beck.

THE COURT: Good morning, Mr. Beck, Mrs. Beck.

MR. RUSSOMANNO III: Good morning, Your Honor.

Herman Russomanno III, and Herman Russomanno of the law firm

of Russomanno & Borello, on behalf of the defendant , Donald

Trump and the Trump Organization.

THE COURT: All right. Good morning, Mr. Russomann o

and Mr. Russomanno, III.

MR. RUSSOMANNO II: Good morning, Your Honor.

THE COURT: Okay. We are here today pursuant to th e

original motion for sanctions filed by the plaintif f, seen as

Docket Entry 410 -- I could be wrong -- with regard to the

Trump Organization's failure to disclose an insuran ce policy

applicable to these events.

We had a hearing on this. I ordered discovery,

specifically the deposition of a Mr. Garten who's v ice

president and general counsel of Trump Organization s, as well

MONDAY, JUNE 11th, 2014

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as some responses to requests for documents.

Mr. Garten is the source of the representation by

Mr. Russomanno that failure to disclose this policy was

inadvertent and to the plaintiffs' request for sanc tions

alleging a willfulness and bad faith, I allowed dis covery to

proceed.

Plaintiff now moves to compel discovery, suggesting

that the Trump Organization has not fully complied with my

order. I have read the pleadings. I have read the

attachments. I have read -- I've researched the is sue, and

despite the briefing and the documentation that has been

produced, I have questions about the basic issue of

disclosure.

So I may weave back and forth to the parties for

these questions, but I'm not here -- I did not ask you all

here for argument. I think that's been fairly well exhausted

in the pleadings.

But, I do have some questions.

And I guess I will direct the first one to you,

Mr. Beck.

This all started, and am I correct, this all starte d

when you received an email from Mr. Garten on Novem ber 21,

2013, where he says, "The "blank" offer is ancient history.

All of our buyer cases have gone away and any insur ance

coverage which may have existed has dried up."


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Does it start with this email?

MR. BECK: Yes, Your Honor.

THE COURT: And am I correct in assuming that -- an d

Mr. Russomanno -- one of the Mr. Russomannos is cop ied on

this, so am I correct in assuming that this is part of a

discussion regarding settlement?

MR. RUSSOMANNO II: That's correct, Your Honor. I' m

the Mr. Russomanno that's copied on the email and a t that time

Mr. Beck was communicating directly with our client Alan

Garten, in regard to settlement discussions.

THE COURT: Okay. So I see "herman2," that's you?

MR. RUSSOMANNO II: That's correct, Your Honor.

THE COURT: Now, do I have copies of the email chai n

or do I just have this copy amongst the documentati on that has

been provided?

MR. BECK: That was provided with -- that redacted

email was provided with the original motion for san ctions.

I don't believe there are, as of yet, full copies o f

unredacted email chain in the record.

THE COURT: Okay. Am I then free to deduce that

Mr. Garten's answer was in the nature of no, that m oney's not

available to you for settlement, it's all gone?

MR. BECK: Yes, that's what we took from his email.

THE COURT: Okay. So in a discussion of what

prejudice may have been inured to you, it would be that


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whatever fully-funded pot of money was available, a t least in

that exchange, strategically, Mr. Garten was saying that's not

available anymore.

MR. BECK: Right. I think it was also factually --

he was representing that that asset had dried up, a nd in fact

that's been borne out by the documents that have be en

produced.

THE COURT: Right. But that doesn't mean -- I'm

trying to be, I guess I'm trying to be sensitive to the

parties' settlement prospects which I don't know, a t this

point I actually need be.

But you're negotiating and your opponent's saying

this number can't be part of the negotiation becaus e the

money's gone.

MR. BECK: Right.

THE COURT: Okay. So that would seem to me to be a

fact that inures to the plaintiffs. And I'm direct ing my

comments to Mr. Russomanno. Inures to the plaintif fs'

detriment if that's a negotiation tactic, the Trump

Organization is saying no, we won't start from, let 's say X

anymore. Because that money's gone.

I know now -- so we don't need to fast forward to t he

affidavit. I'm just saying at this point, strategi cally, the

discussion has been formed, at least from Mr. Garte n's end by,

we don't have that kind of money available to us fo r this


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settlement.

That's a fair reading, yes?

MR. RUSSOMANNO III: The email speaks for itself,

Your Honor.

THE COURT: I'm not asking for what the email speak s

for because I read it. I'm asking for your -- let' s discuss

-- because that's why we're here, what the impact h as been on

this case. That is a fair reading of the email in terms of

your or Mr. Garten's discussions about a settlement . This

money is not available to you now for settlement be cause it's

been paid out to other people.

MR. RUSSOMANNO III: That's a fair reading other th an

just for clarification, it was not my discussion. That email

came purely from Mr. Garten and I knew nothing abou t it until

I received it from -- with Mr. Beck. Same time.

THE COURT: No, no. I understand that. And -- all

right.

Now let's start, then, with -- okay.

Originally, when we were all grappling with this

first, and you remind me of this Mr. Russomanno, th at this is

the first you had been made aware of the possibilit y of

policies. But -- and I have never -- and I don't n ow

challenge that -- but this is not the first time yo u brought

defendant Trump Organization into federal court, co rrect?

MR. RUSSOMANNO III: That's correct, Your Honor.


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THE COURT: Okay. So as far back as Oravec, which is

like 2006 or '7, here in the Southern District, you , your firm

has represented the Trump Organization, and then in the Aaron

case in the Middle District. And this is where I n eed to

understand what happened. You came in as a success or counsel,

correct?

MR. RUSSOMANNO III: As cocounsels, but that is

correct.

THE COURT: All right. And prior to -- and you can

stay seated because again, the mics are tough to -- right --

and prior to your coming in, a Rule 26 disclosure h ad been

made in the Aaron case saying no applicable insurant, or

something along those lines, correct?

MR. RUSSOMANNO III: That was filed by the Foley

Lardner firm, and I did not receive a copy of that Rule 26 at

the time that we entered our appearance in the Aaron case in

Tampa.

THE COURT: Okay. And it wasn't until after you

appeared in a settlement discussion that the possib ility of

coverage came to light and was then disclosed, is t hat

correct?

MR. RUSSOMANNO III: It appeared -- can you just

rephrase the question one more time, Your Honor?

THE COURT: Sure. You came in to the Aaron case and

it was during -- and this is why -- correct me if I 'm wrong,


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but during a settlement -- went up to a mediation o r

settlement discussions or something attendant to se ttlement,

that a policy was made known and you then disclosed it to

opposing counsel in Aaron.

MR. RUSSOMANNO III: That's not correct.

THE COURT: Okay.

MR. RUSSOMANNO III: The first time I ever saw the

policy was after Mr. Beck received the email. And --

THE COURT: No, no, in Aaron.

MR. RUSSOMANNO III: That's correct, Your Honor.

THE COURT: Okay.

MR. RUSSOMANNO III: And that's why I want to make

the record very clear.

THE COURT: Got it.

MR. RUSSOMANNO III: We were unaware there was

insurance involved in Aaron until after the mediation

discussions occurred.

And we were never aware there was coverage as to th e

Trilogy case. That's what I wanted to make clear. And that's

what I told Your Honor the first time I stood befor e you in

the first hearing.

THE COURT: Right.

MR. RUSSOMANNO III: The first time --

THE COURT: Maybe I'm not being clear. Just confin e

your discussion to Aaron.


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MR. RUSSOMANNO III: Okay.

THE COURT: Okay. You come in as cocounsels in

Aaron. Predecessor counsel has, in their Rule 26 disclo sure,

said there is no applicable insurance in that case.

In that case, you either go to mediation or

settlement or something happens where it becomes kn own a

policy is out there, and you disclose, in Aaron.

MR. RUSSOMANNO III: Again, the Foley Lardner firm,

Foley Lardner, well before my firm ever got involve d,

disclosed the insurance policy in Aaron.

THE COURT: Oh, okay.

MR. RUSSOMANNO III: Well before we were involved.

THE COURT: Okay. So then -- they first said no,

then they found out -- they disclosed in Aaron and then you

came in. That was all before you.

MR. RUSSOMANNO III: Correct.

THE COURT: Okay. All right. That's what I was

trying to --

MR. RUSSOMANNO III: That's correct.

THE COURT: Okay. Now, let's start -- and when did

Foley make its disclosure in Aaron -- you don't have to give

me a date, just give me a general time period. Whe n did they

make their disclosure in Aaron and when did you come in as

cocounsels?

MR. RUSSOMANNO III: I have the timeline here.


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THE COURT: Okay, good.

MR. RUSSOMANNO III: In anticipation of that

question.

THE COURT: All right.

MR. RUSSOMANNO III: We entered our appearance on

August 24, 2011 in the Aaron case, Your Honor. The

disclosures of Rule 26 of that policy occurred mont hs in

advance of that before.

And I don't have the exact date -- Mr. Beck would

know that date off the top of his head. But it is in the

paperwork that's been submitted to the Court. But I can tell

you it was months before we were involved.

THE COURT: It had been disclosed.

So Mr. Beck, the point you made in your paperwork

about Aaron is that the Russomanno firm was involved in a

settlement or mediation in Aaron where one assumes the

discussion of the policy would have been front and center.

MR. BECK: That's correct. And that's indeed what

Mr. Garten testified to at his deposition.

The mediation in Aaron happened, I believe four days

before the initial disclosures in Trilogy were serv ed. And I

think Aaron is also relevant because it -- it's an example of

the Trump defendants intentionally not disclosing t heir

insurance in federal litigation when they served th e

disclosures in May of 2010, representing that there was no


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applicable insurance, and then six months later, th at's when

they filed their supplemental disclosures, in Novem ber of

2010, disclosing the policy for the first time in Aaron.

THE COURT: Okay.

MR. RUSSOMANNO III: Your Honor --

THE COURT: No, no. No, no. I'm not interested --

and I don't mean to be rude -- in argument. I need to get

these questions answered.

So let's, then, Mr. Beck has strayed into this

national policy stuff, but I'll get to that in a mi nute.

But let me go, then, to the rule. So, Rule 26. It 's

always good to start with that. Requires "for insp ection and

copying as under Rule 34, any insurance agreement u nder which

an insurance business may be liable to satisfy all or part"

... okay.

Mr. Russomanno, is it your -- and here I am asking

for a brief -- is it your contention that Rule 26 i s not as

broad as, encompassing as, the language "any" and " may" seems

to suggest, but is subject to some exercise of disc retion on

the part of the party that is required to comply?

MR. RUSSOMANNO III: It has never been a contention

and the first time I stood before you I told you, f irst words

out of my mouth, that the document should have been produced,

Your Honor.

THE COURT: Okay.


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MR. RUSSOMANNO III: It's never been a contention a nd

the Trump defendants have admitted that repeatedly.

THE COURT: Well, we'll get to that. I believe you

said that, and I remember that, and I just wanted t o make

certain that that had not -- had not altered or cha nged in any

way.

Now, in Exhibit 2 of Docket Entry 446, and I believ e

that would be -- I realized that there are some mat ters here

that are under seal so I'm trying to refer to numbe rs so that

I -- if you -- do you -- would the parties prefer t hat this

proceeding be under seal and then we sort out later what is or

is not part of any sealed exhibits filed?

MR. RUSSOMANNO III: Your Honor can speak freely an d

if we need to seal a transcript, we can always do t hat or

redact it. I think it's easier, even for the motio n referring

to it, it's easier for me to find it.

THE COURT: Okay. Okay, fine.

Here I'm referring to the discussion of the policy.

It's a chart -- let me see if I ... it's your respo nse to the

motion to compel. So the flow chart. And I think it's the

California litigation.

MR. RUSSOMANNO III: Is it the breakdown, Your Hono r,

of the --

THE COURT: Right.

MR. RUSSOMANNO III: Okay.


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THE COURT: The Khosravi, in Orange County.

MR. RUSSOMANNO III: Correct.

THE COURT: Insurance disclosure made? Yes.

Two questions.

It says that, in your pleading you said that was

pursuant to California law. What particular rule i n

California requires disclosure?

MR. RUSSOMANNO III: My understanding from the clie nt

--

THE COURT: Yeah.

MR. RUSSOMANNO III: -- Mr. Garten, is that it was

disclosed in a case management report under state c ourt rules.

That's my understanding if that's the state court a ction. And

they were disclosed --

THE COURT: So that would be like a Rule 26 report.

MR. RUSSOMANNO III: It's very similar to that. Th ey

have to disclose the insurance and it was disclosed in nine

different cases in California, and they were all co nsolidated.


MR. RUSSOMANNO III: The "Baja litigation" is how t he

parties refer to it.

THE COURT: Oh, I'm sorry, I'll call it the Baja.

Well then -- and was the Baja litigation, am I

correct in assuming that the settlement was funded by the same

policy that we now believe is applicable to this ca se?


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MR. RUSSOMANNO III: That's what I've come to learn ,

that's my understanding, Your Honor.

THE COURT: Okay. And the reason it was disclosed

there was because there was a case management polic y like Rule

26, and is there any discussion in Mr. Garten's dep o as to how

a distinction was made between that requirement und er

California law and this requirement under federal l aw?

MR. RUSSOMANNO III: The answer is yes, it was

produced in California pursuant to their rules. An d

Mr. Garten said repeatedly and repeatedly that ther e should

not be a distinction, and there is no distinction b ecause it

should have been produced in Trilogy. He admitted to that,

repeatedly, in his deposition.

THE COURT: Okay.

MR. RUSSOMANNO III: And in all of our papers that we

filed.

THE COURT: Well, is there an answer -- I read all

200-and-some pages of Mr. Garten's depo. And I'd l ike to

know, is there an answer to these questions? And i f there is,

somebody give me a page and line.

Is there a protocol when the Trump Organization is

sued, of submitting the lawsuit to a carrier? Beca use I'm not

-- I'm having a problem reconciling Mr. Garten's de cisions of

disclosure, where he also says he doesn't know what policies

apply because he goes through his broker.


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So that's a disconnect right there. But is there a

protocol where the Trump Organization is sued and s omebody,

Mr. Garten, somebody working with him, submits noti ce of the

lawsuit to someone.

MR. RUSSOMANNO III: I'm unaware of that, Your Hono r.

Mr. Garten would be the best person to answer that question.

THE COURT: Was he asked that question, Mr. Beck, a nd

did he give an answer?

MR. BECK: Your Honor, at the deposition we went ov er

examples of where Mr. Garten or someone at Mr. Gart en's

direction emails their broker, basically seeking to obtain a

coverage position with respect to a filed claim.

THE COURT: And was it done in this instance?

MR. BECK: In Trilogy?

THE COURT: Yes.

MR. BECK: Yes, it was, Your Honor.

THE COURT: And when was it done and who handled it ?

MR. BECK: I believe the coverage letter that was

produced is -- was in 2009. I don't have a copy of the email

back to Mr. Garten attaching the coverage letter.

Sitting here right now, I don't have -- I don't hav e

a recollection of exactly who was on that email, bu t I do

believe Mr. Garten was one of the recipients, at le ast in the

CC line.

THE COURT: I remember the discussion of the covera ge


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letter. Did -- was there any document produced or any answer

given by Mr. Garten what he was told by either the broker or

the insurance company?

MR. BECK: At the time he -- I think what -- at the

time he submitted the claim?

THE COURT: Yes.

MR. BECK: I don't think there was any discussion a t

that -- about that, because my memory is that we ha ve -- they

produced emails showing Mr. Garten -- and Mr. Garte n testified

that he's the person responsible for coverage issue s. And he

oversees that.

THE COURT: Okay.

MR. BECK: So, you know, as to the details of what

the insurer told him at that time, I don't think th ere's a

part of the deposition that addresses that.

But there was a coverage letter sent back to

Mr. Garten in 2009. So that's two years before the y made the

initial disclosures in Trilogy.

THE COURT: Okay.

And I know we have the log, but I did not -- it was

unclear, at least to me, from the deposition who ex actly, on

behalf of the client, not the lawyers, but who draf ted the

Rule 26? There are drafts attached emails. Who dr afted those

disclosures? Do we know?

MR. BECK: I believe it's -- it was Mr. Russomanno


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III, and Mr. Garten drafting the Rule 26 disclosure s for the

Trump defendants.

THE COURT: Okay. Is that correct, Mr. Russomanno?

No underling of Mr. Garten that did the draft, and then

circulated it? Because right now, at this moment, we don't

have the emails and the attached drafts.

But is that a fair reading from the record we've go t?

MR. RUSSOMANNO III: I can tell you exactly what

happened.

At the time we had --

THE COURT: Well, I wish Mr. Garten had, because th at

was kind of --

MR. RUSSOMANNO III: That's why I'm here to explain

it, Your Honor, I'm answering the question.

THE COURT: But he's a lawyer and he's vice preside nt

of a multi-national billion-dollar corporation. An d in this

many pages, I still don't know what happened here.

So please, illuminate me.

MR. RUSSOMANNO III: I'll tell you what happened. At

the time we had a joint defense agreement with the Shutts &

Bowen law firm. And we exchanged four drafts of th e Rule 26

disclosures from the Shutts & Bowen law firm to mys elf.

Those drafts were given to Alan Garten and they wer e

approved and submitted to the Court.

That's what happened, Your Honor.


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THE COURT: By him?

MR. RUSSOMANNO III: By -- approved by Alan Garten.

Submitted to the Court by me and then Steven Gillma n on -- his

respective clients were Shutts & Bowen.

THE COURT: Right. Okay.

All right, Mr. Beck, you've received an enormous

amount of information, and you are seeking addition al

information. To what end? What ultimately -- what is the

sanction you are asking for in this matter? If -- even if

there was an email somewhere in all of this, that I just don't

want to give it up to the Trilogy folk because, as was

suggested on page -- I have my stickies -- page 234 , that the

amount in dispute was one factor in disclosing insu rance.

What -- what's the end game.

MR. BECK: Well, at the end game, from our

perspective, is that we feel the Court is going to have to

decide what sanction's appropriate.

And that analysis is going to, in part, depend on

whether there's a finding of deliberateness or inte ntionality

on the part of the Trump defendants in not disclosi ng their

insurance with the Rule 26 disclosures in this case .

Now, their position has been, and continues to be,

that the disclosure was inadvertent in this case. We believe

that we -- that there's now evidence that it was no t

deliberate in other cases involving Rule 26 disclos ures in


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federal court.

Specifically, the Aaron case is an example of

intentional nondisclosure of an insurance policy wi th Rule 26.

THE COURT: But even if -- that's what I'm saying - -

I'm not certain -- and I guess the answer's either you just

haven't -- you haven't decided yet because you thin k you need

more information, or you do know what sanction, wou ld you

recommend, is appropriate.

Obviously the rule contemplates sanctions, but the

breadth and scope would depend upon the record. So what is it

you are thinking is, based on your assumption of -- and your

characterization, what do you think is the appropri ate

sanction?

MR. BECK: Well, at this point, I think that the

appropriate sanction would be entry of a default ju dgment

because I think, while those types of sanctions are certainly

considered to be at the extreme end of the spectrum , I think

the case law is clear that default judgments are ap propriate

where there are findings of willfulness.

And I think this is an extreme case of willfulness

because I think we have two other instances of inte ntional

nondisclosure of an insurance policy by the same de fendant in

federal litigation.

I don't know that the default judgment is the only

possible sanction here, or would be the full extent of the


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sanction. My -- I'm still looking for as many case s as I can

find on this. And I know that Courts also impose p unitive

elements as well. So whatever sanction there is, w e would

submit that there should be a compensatory componen t, and a

punitive component, because really, in my view, the integrity

of the federal rules are at stake.

And because of that, the Court needs to send a

message not only just to this litigant, but to othe r litigants

in the future that this type of conduct just can't be

tolerated.

THE COURT: Okay. And I'm fairly certain I know wh at

your response is to that. My question, though, now to you,

Mr. Russomanno, is -- and I'm looking at a few case s. There

was the Government Guarantee Fund versus Hyatt Corporation.

177 FRD 336.

And some other cases. JJK Mineral Company LLC. I

don't believe that one is in accord with Government Guarantee

-- oh, I'm sorry. That's 292 FRD 323. And Witmer versus

Acument. 210 Westlaw, 3806139.

All of those have to do with privilege. And both - -

it -- both parties have staked out very clearly the ir

entrenched, unfortunately, positions, at either end of this

continuum.

But Government Guarantee at least talks about the

fact that if the proponent, the basis of a party's position is


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the affidavit or representation of a vice president and

general counsel of a corporation, then I think for purposes of

that limited issue, privilege is waived.

How am I to test whether or not Mr. Garten was

willful if I don't have the email exchange, not of any other

Rule 26, because I think the law is fairly accurate or at

least specific, but at least as to the drafts of -- in this

case.

Now, to support his position, Mr. Garten has given up

emails with other outside counsel in other case. I 'm not

going to go down the rabbit hole of whether that wa iver

constituted a waiver here. I don't think we have t o talk

about that.

But if the discussion is sanctions and what you kne w

and how you handled it, how do I not look at that t o make a

decision? Because Mr. Garten said it's not relevan t? It's

privileged, because Mr. Garten made that determinat ion?

MR. RUSSOMANNO III: I understand, Your Honor. And

I'll address this and I'd also, if Your Honor would like, I'd

like to respond to Mr. Beck's request for leave, wh ich I think

now you're on a different topic in regard to the pr ivilege.

Your Honor, on page 15 --

THE COURT: Well, I'm on the privilege topic becaus e

if I'm going to address --

MR. RUSSOMANNO III: I understand.


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THE COURT: -- default, then there has to be some

record evidence. There is no record evidence here that would

allow me to default the Trump defendants, but there 's also not

a lot of linear answers to basic questions.

So other than assuming good faith, which I can't do

in the context of a motion for sanctions, how do I then set

aside and say, well, there is no willfulness here b ecause I --

we've seen the drafts and nobody mentioned insuranc e.

MR. RUSSOMANNO III: I understand. And to response

to your question, Your Honor, on page 15 of one of our last

hearing transcripts, Your Honor specifically addres sed this

issue. Mr. Beck said to you that the (inaudible) - -

THE COURT: One, you have to slow down because we

have a court reporter assisting.

And, right, but that's not the only way you can be

called upon to produce what otherwise would be priv ileged

information.

Crime fraud isn't the only way because if it was,

none of these cases about sanctions would ever get resolved.

MR. RUSSOMANNO III: I agree. And I was going to

finish, Your Honor, with two additional points to a nswer your

question.

THE COURT: Okay.

MR. RUSSOMANNO III: The second one is in response to

Mr. Beck's inquiry, you told him, "You may ask him anything


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you want in the deposition."

They took Mr. Garten's deposition for seven hours.

Introduced 82 exhibits and he answered all these qu estions.

In addition --

THE COURT: He did not answer the questions about

those emails.

MR. RUSSOMANNO III: I was going to add, my last

point --

THE COURT: Okay.

MR. RUSSOMANNO III: -- that I answer your question

when you directly asked it to me.

THE COURT: Oh, no. You're not under oath,

Mr. Russomanno, and I deliberately not because I do respect

the relationship of the attorney to his client. Bu t if you

want to go down that road, we could exercise that a s an

option. I don't think, I don't think any lawyer wa nts to get

in to the business of going under oath about how he or she

conducted discovery, which is why I asked for the c orporate

representative, who then relies on privilege, and t hen it

falls back to you who's making a representation to me that is

not, in fact, under oath.

So that's not how this plays out here,

Mr. Russomanno.

MR. RUSSOMANNO III: I understand. I answered your

questions because as an officer of the court everyt hing I'm


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telling you should be the truth.

THE COURT: It should.

MR. RUSSOMANNO III: And that's why I answered your

question. And if Your Honor --

THE COURT: And, and when you sign the Rule 26

certificate, that should have been the truth, too. Because

you based your assessment on what your client had a dvised you.

MR. RUSSOMANNO III: That's correct.

THE COURT: And that is why, in a context like this ,

the client needs to explain why the client made the decision

he or she did.

And that explanation has not been forthcoming.

MR. RUSSOMANNO III: I understand. And if Your Hon or

rules that those emails and the drafts be produced, they

certainly should be produced. And they will align to what I

just explained to Your Honor occurred.

THE COURT: Okay.

MR. RUSSOMANNO III: That --

THE COURT: Okay.

And you wanted to -- briefly, because again, I know ,

I really do know what positions you're taking. But you wanted

to respond to Mr. Beck's suggestion of what the app ropriate

remedy would be.

MR. RUSSOMANNO III: Well, I don't -- I want to

address, just for 30 seconds, his accusation of wil lfulness in


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two other instances.

One instance he made was Aaron, and we all know that

the disclosure was made subsequently in Aaron. The other

instance he hasn't cited to.

The one instance where it wasn't produced is the ca se

that we're sitting in this courthouse about. And t he client

has admitted to that.

And we briefed it, but I want to just repeat that t he

plaintiffs, this all started on a false accusation of a nation

litigation strategy by the Trumps to do this.

The evidence is clear, now that discovery is over,

that it was not a litigation strategy all over the country to

not disclose insurance. And it was disclosed in Ca lifornia;

it was disclosed in Tampa. It should have been pro duced here

and it wasn't.

And the fact is -- and I think it's evident -- Your

Honor ordered them, on May 29th, to file their supp lemental

memo in support of this motion. They failed to com ply with

Your Honor's order, thereby waiving their right to move

forward on this.

I think it's evident that their wild accusations of a

national litigation scheme, there was no diligence done in

that. They had the right to accuse the Trump defen dants of

what in this case?

THE COURT: I don't know if that's kind of -- I wro te


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that down, because I did, as I said, read your plea dings.

No due diligence is like kettle/pot in this context .

Really. Because there was -- it doesn't seem that there was,

consistent with a multi-national organization that has

multiple litigations going on around the country, d id not do

due diligence in this case, in this courtroom, befo re this

Court and previously Judge Jordan to ascertain whet her there

was applicable coverage.

So I don't -- and I say this to both parties -- I

don't think you serve your client by staying in the positions

you are staking out on this issue or any other issu e in this

matter. Because the truth of what may or may not h appen, I

believe, is firmly somewhere here in the middle.

With that being said, I'm prepared to -- I'm prepar ed

to rule on the motions that are before me today.

And let me again start with the rule, which is Rule

26. Rule 26(a)(1)(A)(iv), that requires parties to produce

"for inspection and copying any insurance agreement under

which an insurance business may be liable."

So we're all agreed that that is a very broad swath

that parties navigate. It also, the rule provides that if a

party signs a certificate without substantial justi fication

for its answer, sanctions may ensue.

I do not believe, based on this record that I can

find willfulness or bad faith on the part of the Tr ump


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defendants, as Mr. Beck has urged. And at this poi nt, I am

not going to allow any further discovery with some of the

exceptions I will note at the end.

But I will -- I will put the issue of bad faith and

willfulness in abeyance. And by that I mean depend ing on what

I review for the materials I'm going to ask the Tru mp

defendants to produce, I may allow additional discu ssion and

briefing.

But what I do have is the following: Mr. Garten, w ho

is, according to Docket Entry 154, he's the assista nt general

counsel for Trump. He personally attended an early mediation

as a representative for the Trump Organization. He has been

personally involved with and directed the defense o f a

litigation since its inception. He attested that h e had a

full, complete and thorough understanding of the is sues

involved and those that would be considered in the mediation.

That's Mr. Garten.

He has also likened the issue that is before me, ho w

did this happen? He has likened it to forgetting y our keys on

the kitchen table and then being asked how that occ urred.

The problem here, with that analogy is that the key s

are worth close to $5 million, if not more. And th at there

are other attendant circumstances that suggest it c ould not

have been so easily overlooked or dismissed.

The numerous other litigations Mr. Garten was


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involved in; his self avowed knowledge of the case; the fact

that he is not only the vice president but a lawyer . And that

there was a sophisticated apparatus of lawyers in-h ouse,

insurance brokers and outside counsel reviewing thi s.

And despite that, Mr. Garten has been unable to giv e

any reasonable, much less substantial explanation a s to why

this was not included in the Rule 26 disclosures.

Which brings us to the whole idea of this national

litigation strategy. On that I agree with Mr. Beck . But not

in the way Mr. Beck has characterized the litigatio n strategy,

because again, I do not think that there is, in thi s record,

evidence of bad faith, willfulness, of the kind tha t the case

law discusses.

But what there is, is deliberate decision-making as

to relevancy of policies, as to applicability of po licies, as

to whether or not exclusions apply in policies by M r. Garten

on the one hand, and on the other hand, him say tha t he

doesn't know. Page 93 of his deposition, he doesn' t know what

policies -- why was it appropriate to answer "no" t o this

question on insurance in Exhibit H?

"Because I had no way of knowing whether or not a

policy applied or if it applied."

So instead of understanding the rule, which we all

agree is broad and encompassing, there has been a n ational

litigation strategy designed and implemented by Mr. Garten to


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make these unilateral decisions not only as to appl icability

of policy, but in the absence of knowing, by his ow n account,

whether a policy existed, whether it was applicable to this

instance, all under certification of Rule 26.

And on page 90, he even discusses the evolving

process of insurance coverage. Which if I were to countenance

that approach to Rule 26, no corporate defendant wo uld ever be

held accountable for its answers at any time.

All they would have to do is say "my understanding of

insurance coverage is evolving. There are new poli cies year

to year, who knows." And who knows if neither a re asonable

explanation nor a substantial justification for fai lure to

disclose.

Mr. Garten even went on to point out that he may no t

have even read the drafts, on page 50. He may not have even

read the drafts. He's not saying he didn't and he' s not

saying he did, under oath.

I know Judge Cooke grappled with a similar situatio n

far, far more egregious in the TD Bank case. But I think the

response both of us may have is that is not a reaso n for

noncompliance. "I have a lot to do and I haven't r eviewed the

draft."

The fact that Shutts & Bowen was involved is a

meaningless answer. He is a different client. The re would be

different insurance matters to deal with.


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Also, as I said, Mr. Garten did produce some emails

with lawyers to bolster his argument why some polic ies were

revealed, but with no explanation. Why would you - - why would

you produce the policy in the Orange County litigat ion

pursuant to a state court management report, and no t produce

it here?

I know Mr. Beck wishes to argue it's because of the

amount. And there was that suggestion. But Mr. Ga rten was

very adamant that that wasn't the reason, but it wa s

Mr. Garten that raised the amount in discussing a f actor.

So, yes, I think a national policy has been

identified that this defendant makes and chooses to disclose

based on considerations not recognized by Rule 26, and in some

instances that are in direct contravention of Rule 26.

And I might add, by the defendant's own reckoning a s

recited in the defendant's motion to compel the set tlement

information of the plaintiffs with SB, that the Tru mp

defendants cannot properly evaluate the damages wit hout having

full knowledge of the monetary amount that's been r eceived so

both parties can negotiate in good faith.

That is in essence the argument of the plaintiff.

That is the prejudice that has been suffered by pla intiff.

And that is why I'm going to find that sanctions ar e

appropriate, but the sanctions I will impose are th ose that

are contemplated by the rule, and it is the payment of


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attorneys' fees.

And the payment for attorneys' fees are going to be

for the following events in this litigation.

DE-163, the April 4, 2011 mediation. Now, I realiz e

that this is before any disclosure of insurance had been made,

but there had been a Rule 26 pleading filed, and th ere had

been a scheduling order, two at least filed by Judg e Jordan.

So I see no reason why there had not been, unless t he parties

cite me to some exemption that they all agreed that they

weren't going to talk about this, I don't see why t here wasn't

production before the April 4, 2011 mediation.

So any fees attendant to participating and preparin g

for that mediation, I will award to plaintiffs.

The 2012, February 27th mediation, any costs

attendant to going to that mediation and preparatio n for that

mediation.

The last mediation that we had, after we discovered

this. Any costs attendant to that mediation and at tendance.

I also believe that the motion -- the motions to

oppose the settlement filed by Trump and the motion to compel

the settlement amount, in light of the fact that th e

plaintiffs did not have, within their possession, a ny of the

information which was required here, I think that a ny

pleadings they filed, any research they did in oppo sition to

those motions would also be fairly reimbursed as a sanction


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for failure to disclose.

And that, at this point, unless the plaintiffs can

identify in five pages or less, some other activity on this

docket that is related to their ignorance of the se ttlement --

I mean of the insurance policy in this case, that t hose are

the costs fees that I would like to have a breakdow n of in

order to award sanctions pursuant to Rule 26.

Now, the other question, as far as what I think

remaining to be produced, is there, Mr. Beck, you a sked about

-- I'm not sure what this -- it seemed to me at one juncture

you were asking if there was another policy out the re? And

Mr. Garten said he'd never seen that policy before and he

didn't know.

MR. BECK: Right. Your Honor, there was a -- anoth er

policy that we hadn't seen before that was produced with their

document production the day before Mr. Garten's dep osition,

and --

THE COURT: Oh, and, I'm sorry, and any -- of cours e

the motion for sanctions and any of the costs atten ding to the

depositions, preparing for the depositions. Not th is last

motion to compel, after the discovery. But any of those costs

are also included in this sanction order.

MR. BECK: Yes.

THE COURT: But, so do we get -- is there another

policy?


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MR. BECK: There is another policy. It's -- I wasn 't

able to get a straight answer on whether it applies to this

case. Reading it, once over, it looked like it pot entially

could. And Mr. Garten himself wasn't even able to provide any

clarification at his deposition.

So it seems to be an open question.

THE COURT: Okay. But you have the policy.

MR. BECK: I do have the policy.

THE COURT: Okay. All right. Then the only thing

that I would ask, and because again, I am sensitive to the

question of privilege, I'm not dismissing it out of hand. But

the only items I'm going to ask the Trump Organizat ion to

produce, but I'm going to ask them to produce it in camera, in

an ex parte, so that I can assure myself that there is nothing

there that directly answers the question that's bei ng asked.

On the attachments that the Trump defendants have

filed, Exhibit B which is the log, page 2. The las t five

items, starting with Bates stamp 006534, and ending with the

Bates stamp documents -- no, I'm sorry. Those are witness

disclosures. I beg your pardon.

Starting with Bates stamp 006538, and ending with

006544, the three final documents on that page disc ussing

insurance disclosures in the Aaron matter with Lauren

Vallente. That's on page 2.

On page 3, the top two entries, Bates stamp 006546,


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and 006557, the draft of the initial disclosure in this case.

Then page 5, 006631, that one entry on the draft.

Page 6. R&B 0000 -- I think I've got all the 0's - -

1913, 2011 email.

Page 7. The drafts, the first two entries, R&B 000 17

and 000030.

Page 9. The first document, 000070. And the last

document, R&B 000102.

And finally on page 10, the first document, R&B

000116.

The third document, R&B 000123.

And the second to the last, R&B 000160.

All of these have to do with the draft of the

disclosure in this case, except for the emails rega rding the

disclosure in the Aaron case.

And those can be submitted as I said, in camera,

under seal. I will review and that will conclude t his matter

for the time being.

I -- I don't anticipate that we will need any furth er

-- except for, of course, Mr. Beck, your assessment of your

fees and costs in the areas that I have identified for you

today.

But other than that, and other than having to

revisit, if I think that there are matters that ari se from my

review of this, we are going to go to trial Septemb er 22nd.


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Calendar call, September 16th.

I know you have dispositive motions pending. I wil l

get orders to you in time for trial. Discovery is closed.

There's nothing additional to be briefed. The only -- and I

will, in fact, strike, other than what I've asked f or, strike

any additional briefings about anything if -- if th ere are

supplemental authority -- by that I mean case autho rity that

occurred after the last filing, then the parties ma y, as they

have in the past, submit it for consideration. But that would

be a one-page, no argument, no discussion, just see this case.

It was decided. It is germane to your -- considera tion of our

dispositive motions.

So, in sum, I believe that sanctions are appropriat e.

I'm not finding willfulness or bad faith, but I am finding

under Rule 26 that there is no reasonable or substa ntial

justification for the failure to disclose. Mr. Gar ten

himself, I believe, testified at one point that not only could

he not explain why it hadn't happened here, but he himself had

decided there was no prejudice.

And I believe it is that unilateral determination o f

what is and is not pertinent to the case or germane to the

Court's inquiry that's led us to this point. That is not the

province of a party. That is why we have the rules .

So, other than this, is there anything else we need

to take up today?


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MR. BECK: No, Your Honor.

May I just make one comment, Your Honor.

THE COURT: I don't know. Is it an argument or is

it...

MR. BECK: Well, it would be an argument. I just

wanted to just put, I guess put it on the record th at we had

-- before today's hearing, we had been -- and I was drafting a

supplemental memorandum detailing the prejudice to our clients

from the violation.

And it's our position that we would have reached a

settlement in this case in March of 2012 if this vi olation had

not occurred.

And so from our perspective, the damages accruing t o

the plaintiffs were having this case not settle in March of

2012.

Now, I --

THE COURT: I don't know how -- I don't know how to

-- and maybe that -- I should have addressed that. I don't

know how to account for that damage except to say a ll the

efforts you made going into that settlement, and th e cost of

the settlement, including whatever mediation expens e, for the

mediation, now must be born by the Trump defendants .

But I can't undo time. I can't get you back to the

position.

And the reason I put the willfulness in and that


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whole issue in abeyance is because should we go to trial, and

should there be a verdict and from what I've been a ble to

ascertain, the amount of money here is, in controve rsy, is far

less than the $5 million which everyone has assured us is

available.

But jurors are wonderous beings and trials take on a

life of their own. Should an amount be awarded and should the

defendant say well, you know, I only promised $5 mi llion, I

don't have any other, then that may itself resurrec t this

whole concept of willfulness and what this did and how you

were damaged, because monies are not now available.

But in terms of you might have settled in March and

you had to continue to litigate, I think I've put a -- I think

I've put a reasonable price tag on that. But I -- if you

wish, if you wish, you may file five pages, and you may

respond, of course, why anything additional -- anyt hing

additional to what I've already ruled.

I don't want to revisit what I've done today. But if

you say we deserve sanctions more than that, and th is is what

we think it should be, you may respond and say no. You will

not waive any appellate argument you may have about what we've

done here today. I understand you don't agree that sanctions

are appropriate, but I just don't want to keep revi siting and

returning the issue.

I've ruled on this. I need to have your breakdown of


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time, cost and fees. Five pages as to why that's n ot

sufficient. Five pages as to why that's not an arg ument I

should even entertain. And we will be done.

You will both have your record and we will go forwa rd

to our trial date in September.

You will produce the emails. How long, ten days?

MR. RUSSOMANNO III: Ten days is fine, Your Honor.

Just in regard to Mr. Beck's -- Your Honor ordered

him to file that paper recently, on May 30th. They failed to

comply with Your Honor's order. Your Honor just sa id again,

no more briefing and he asks again. They've had se ven months

to articulate prejudice to Your Honor and there's b een massive

paperwork being filed.

We respectfully request that it be done with in

regard to their continuing briefing.

Your Honor ruled already on this matter.

THE COURT: I know. I know. But -- and I asked

today, that's why I'm saying five pages.

I'm not -- I don't want -- I don't want a whole, fr om

the history of time and this. I want five pages. And only as

to why the sanctions that I've imposed are not appr opriate.

That's it. And then a response from you,

Mr. Russomanno.

All right.

MR. BECK: Your Honor, I -- just one more point of


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clarification. On the five-page memorandum on that issue,

would it be possible for us to also file an affidav it with

that? Because I think some of the facts that under lie our

argument will need to be testified to. Because the y're not in

the record.

Specifically, when the settlement discussions broke

down.

So I don't want to unnecessarily add to the papers

that have been filed on this issue, but I'm just fo reseeing

that that's something we would anticipate wanting t o file with

the five-page supplemental memorandum.

THE COURT: I don't think -- if I'm understanding

you, I don't think that when they broke down makes any

difference. They didn't happen. I mean, the preju dice is it

didn't happen.

MR. BECK: Right.

THE COURT: So whether or not they broke down the d ay

before the mediation, the day after the mediation, the night

of the mediation, I don't think that needs to be fl ushed out.

MR. BECK: Okay.

THE COURT: The record is fairly accurate, as far a s

I know about when the mediations occurred, when the y were

ordered and --

MR. BECK: Right. It was a couple months after the

mediation. It wasn't exactly correspondent within the


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mediation.

THE COURT: Well, Mr. -- as an officer of the court ,

you can make the representation.

MR. BECK: Okay.

THE COURT: But I don't think we need affidavit

evidence --

MR. BECK: Okay.

THE COURT: -- on that.

MR. BECK: Okay. So, just so -- I just don't -- my

-- misunderstand, but we have -- there's a separate memorandum

on that issue and then another which would detail o ur cost

that the Court --

THE COURT: Right.

MR. BECK: Okay.

THE COURT: And that doesn't have to be a memorandu m.

All that is, is if you were submitting in another c ontext, the

FLSA, you were submitting your hourly, what you did for each

of those record events that I cited.

MR. BECK: Right.

THE COURT: And so then there's -- I will make a

determination -- respondents will be allowed to res pond on

behalf of Trump, well, that many hours on that is a little

much.

I mean it's the standard discussion of appropriate

attorneys' fees.


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41

MR. BECK: I understand.

THE COURT: And then a five-page memo as to why jus t

that is not sufficient sanctions, and again, Trump may answer

to that.

So I've asked them to give me their emails under

seal, in camera, within ten days. When -- how much time do

you want for -- since we're done with this case unt il

September, really, if you want more time than that, that's

fine.

How much time do you want for the various tasks I'v e

asked for?

MR. BECK: Your Honor, I think two weeks would be

sufficient for us on all the tasks, except followin g

plaintiffs.

THE COURT: Okay. And then you'll have the standar d

amount of time after that to respond.

MR. RUSSOMANNO II: Yes, Your Honor.


All right, we're adjourned.

MR. RUSSOMANNO III: Thank you, Your Honor.

MR. BECK: Thank you, Your Honor.

(Proceedings were adjourned at 11:23 a.m.)

* * *


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CERTIFICATION

I certify that the foregoing is a correct transcrip t

from the record of proceedings in the above matter.

Date: June 14, 2014

s/ JUDITH M. WOLFF, CERTIFIED REALTIME R EPORTER Signature of Court Reporter

* * *


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$$5 [3] 27/22 37/4 37/8

''7 [1] 7/2

00's [1] 34/30000 [1] 34/3000030 [1] 34/6000070 [1] 34/7000102 [1] 34/8000116 [1] 34/10000123 [1] 34/11000160 [1] 34/1200017 [1] 34/5006534 [1] 33/18006538 [1] 33/21006544 [1] 33/22006546 [1] 33/25006557 [1] 34/1006631 [1] 34/209-21406-CV-Williams [1] 2/409-CV-21406-KMW [1] 1/2

110 [1] 34/910:13 [1] 1/511 [1] 1/411:23 [1] 41/2312485 [1] 1/15137th [1] 1/1514 [1] 42/615 [2] 21/22 22/10150 [1] 1/19154 [1] 27/10163 [1] 31/416th [1] 35/1177 [1] 20/151913 [1] 34/4

2200-and-some [1] 14/182006 [1] 7/22009 [2] 15/19 16/172010 [2] 10/25 11/32011 [4] 10/6 31/4 31/11 34/42012 [3] 31/14 36/11 36/152013 [1] 3/232014 [2] 1/4 42/6205 [1] 1/1521 [1] 3/22210 [1] 20/1922nd [1] 34/25234 [1] 18/1224 [1] 10/626 [26] 7/11 7/15 9/3 10/7 11/11 11/17 13/15 14/5 16/23 17/1 17/21 18/21 18/25 19/3 21/6 24/5 26/17 26/17 28/7 29/4 29/7 30/13 30/14 31/6 32/7 35/1527th [1] 31/142800 [1] 1/19292 [1] 20/1829th [1] 25/17

330 [1] 24/25305 [1] 1/2430th [1] 38/9

323 [1] 20/1833128 [1] 1/2333130 [1] 1/2033186 [1] 1/15336 [1] 20/1534 [1] 11/133806139 [1] 20/19

4400 [1] 1/23410 [1] 2/20446 [1] 12/7

550 [1] 29/1551 [1] 1/7523-5294 [1] 1/245294 [1] 1/24

882 [1] 23/38N09 [1] 1/23

990 [1] 29/593 [1] 28/18

Aa.m [2] 1/5 41/23Aaron [25] 7/3 7/12 7/16 7/24 8/4 8/9 8/16 8/25 9/3 9/7 9/10 9/14 9/21 9/23 10/6 10/15 10/16 10/20 10/22 11/3 19/2 25/2 25/3 33/23 34/15abeyance [2] 27/5 37/1able [3] 33/2 33/4 37/2about [16] 3/12 6/9 6/14 10/15 16/8 20/24 21/13 22/19 23/5 23/17 25/6 31/10 32/9 35/6 37/21 39/22above [1] 42/4absence [1] 29/2accord [1] 20/17according [1] 27/10account [2] 29/2 36/19accountable [1] 29/8accruing [1] 36/13accurate [2] 21/6 39/21accusation [2] 24/25 25/9accusations [1] 25/21accuse [1] 25/23action [1] 13/13activity [1] 32/3actually [1] 5/11Acument [1] 20/19adamant [1] 30/9add [3] 23/7 30/15 39/8addition [1] 23/4additional [7] 18/7 22/21 27/7 35/4 35/6 37/16 37/17address [3] 21/19 21/24 24/25addressed [2] 22/11 36/18addresses [1] 16/15adjourned [2] 41/19 41/23admitted [3] 12/2 14/12 25/7advance [1] 10/8advised [1] 24/7affidavit [4] 5/23 21/1 39/2 40/5after [9] 7/18 8/8 8/16 31/17 32/21 35/8 39/18 39/24 41/16again [9] 7/10 9/8 24/20 26/16 28/11 33/10 38/10 38/11 41/3

agree [4] 22/20 28/9 28/24 37/22agreed [2] 26/20 31/9agreement [3] 11/13 17/20 26/18al [1] 1/6Alan [3] 4/9 17/23 18/2align [1] 24/15all [38] 2/15 3/15 3/21 3/21 3/24 4/22 6/16 6/19 7/9 9/15 9/17 10/4 11/14 13/18 13/19 14/15 14/17 18/6 18/10 20/20 23/3 25/2 25/9 25/12 26/20 28/23 29/4 29/9 31/9 33/9 34/3 34/13 36/19 38/24 40/16 41/13 41/18 41/19alleging [1] 3/5allow [3] 22/3 27/2 27/7allowed [2] 3/5 40/21along [1] 7/13already [2] 37/17 38/16also [13] 5/4 10/22 14/24 20/2 21/19 22/3 26/21 27/18 30/1 31/19 31/25 32/22 39/2altered [1] 12/5always [2] 11/12 12/14am [10] 3/21 4/3 4/5 4/20 11/16 13/23 21/4 27/1 33/10 35/14amongst [1] 4/14amount [9] 18/7 18/13 30/8 30/10 30/19 31/21 37/3 37/7 41/16analogy [1] 27/21analysis [1] 18/18ancient [1] 3/23another [6] 32/11 32/14 32/24 33/1 40/11 40/16answer [15] 4/21 14/8 14/17 14/19 15/6 15/8 16/1 22/21 23/5 23/10 26/23 28/19 29/24 33/2 41/3answer's [1] 19/5answered [4] 11/8 23/3 23/24 24/3answering [1] 17/14answers [3] 22/4 29/8 33/15anticipate [2] 34/19 39/10anticipation [1] 10/2any [32] 3/24 11/13 11/18 12/5 12/12 14/5 16/1 16/1 16/7 21/5 23/16 26/11 26/18 27/2 28/6 29/8 31/5 31/12 31/14 31/18 31/22 31/23 31/24 32/18 32/19 32/21 33/4 34/19 35/6 37/9 37/21 39/13anymore [2] 5/3 5/21anything [5] 22/25 35/6 35/24 37/16 37/16apparatus [1] 28/3appearance [3] 2/6 7/16 10/5APPEARANCES [1] 1/12appeared [2] 7/19 7/22appellate [1] 37/21applicability [2] 28/15 29/1applicable [7] 2/22 7/12 9/4 11/1 13/25 26/8 29/3applied [2] 28/22 28/22applies [1] 33/2apply [2] 14/25 28/16approach [1] 29/7appropriate [12] 18/17 19/8 19/12 19/15 19/18 24/22 28/19 30/24 35/13 37/23 38/21 40/24approved [2] 17/24 18/2April [2] 31/4 31/11are [34] 2/18 4/18 7/10 12/8 12/9 16/23 18/7 18/9 19/11 19/16 19/18 19/19 20/6 26/11 26/15 27/22 27/23 29/10

43

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Bback [6] 3/14 7/1 15/20 16/16 23/20 36/23bad [5] 3/5 26/25 27/4 28/12 35/14Baja [3] 13/20 13/22 13/23Bank [1] 29/19based [4] 19/11 24/7 26/24 30/13basic [2] 3/12 22/4basically [1] 15/11basis [1] 20/25Bates [4] 33/18 33/19 33/21 33/25be [52] because [42] 5/13 5/21 6/6 6/7 6/10 7/10 10/22 14/4 14/11 14/22 14/25 16/8 17/5 17/11 18/11 19/6 19/16 19/21 20/5 20/7 21/6 21/16 21/17 21/23 22/7 22/13 22/18 23/13 23/25

24/6 24/20 26/1 26/3 26/12 28/11 28/21 30/7 33/10 37/1 37/11 39/3 39/4Beck [23] 1/13 1/14 1/14 2/7 2/9 2/10 2/10 3/20 4/9 6/15 8/8 10/9 10/14 11/9 15/7 18/6 22/12 27/1 28/9 28/10 30/7 32/9 34/20Beck's [4] 21/20 22/25 24/22 38/8becomes [1] 9/6been [37] 3/11 3/16 4/15 4/25 5/6 5/6 5/24 6/7 6/11 6/21 7/11 10/11 10/13 10/17 11/21 11/23 12/1 14/12 18/22 24/6 24/12 25/14 27/12 27/24 28/5 28/24 30/11 30/19 30/22 31/5 31/6 31/7 31/8 36/7 37/2 38/12 39/9before [20] 1/10 8/20 9/9 9/12 9/15 10/8 10/12 10/21 11/22 16/17 26/6 26/15 27/18 31/5 31/11 32/12 32/15 32/16 36/7 39/18beg [1] 33/20behalf [4] 2/8 2/13 16/22 40/22being [6] 8/24 26/14 27/20 33/15 34/18 38/13beings [1] 37/6believe [16] 4/18 10/20 12/3 12/7 13/25 15/18 15/23 16/25 18/23 20/17 26/13 26/24 31/19 35/13 35/17 35/20best [1] 15/6between [1] 14/6billion [1] 17/16billion-dollar [1] 17/16blank [1] 3/23bolster [1] 30/2Borello [2] 1/18 2/13born [1] 36/22borne [1] 5/6both [6] 20/20 20/21 26/9 29/20 30/20 38/4Bowen [4] 17/21 17/22 18/4 29/23breadth [1] 19/10breakdown [3] 12/22 32/6 37/25brief [1] 11/17briefed [2] 25/8 35/4briefing [4] 3/11 27/8 38/11 38/15briefings [1] 35/6briefly [1] 24/20brings [1] 28/8broad [3] 11/18 26/20 28/24broke [3] 39/6 39/13 39/17broker [3] 14/25 15/11 16/2brokers [1] 28/4brought [1] 6/23business [3] 11/14 23/17 26/19buyer [1] 3/24

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8/19 9/4 9/5 10/6 13/12 13/25 14/4 18/21 18/23 19/2 19/18 19/20 21/8 21/10 25/5 25/24 26/6 28/1 28/12 29/19 32/5 33/3 34/1 34/14 34/15 35/7 35/10 35/21 36/11 36/14 41/7cases [7] 3/24 13/18 18/25 20/1 20/13 20/16 22/19CC [1] 15/24center [1] 10/17certain [3] 12/5 19/5 20/11certainly [2] 19/16 24/15certificate [2] 24/6 26/22certification [2] 29/4 42/1CERTIFIED [1] 42/8certify [1] 42/3chain [2] 4/13 4/19challenge [1] 6/23changed [1] 12/5characterization [1] 19/12characterized [1] 28/10chart [2] 12/19 12/20chooses [1] 30/12circulated [1] 17/5circumstances [1] 27/23cite [1] 31/9cited [2] 25/4 40/18CIVIL [1] 1/9claim [2] 15/12 16/5clarification [3] 6/13 33/5 39/1clear [5] 8/13 8/19 8/24 19/18 25/11clearly [1] 20/21client [10] 4/9 13/8 16/22 23/14 24/7 24/10 24/10 25/6 26/10 29/24clients [2] 18/4 36/8close [1] 27/22closed [1] 35/3cocounsels [3] 7/7 9/2 9/24come [3] 9/2 9/23 14/1coming [1] 7/11comment [1] 36/2comments [1] 5/18communicating [1] 4/9company [2] 16/3 20/16compel [5] 3/7 12/20 30/16 31/20 32/21compensatory [1] 20/4complete [1] 27/15complied [1] 3/8comply [3] 11/20 25/18 38/10component [2] 20/4 20/5concept [1] 37/10conclude [1] 34/17conduct [1] 20/9conducted [1] 23/18confine [1] 8/24consideration [2] 35/9 35/11considerations [1] 30/13considered [2] 19/17 27/16consistent [1] 26/4consolidated [1] 13/18constituted [1] 21/12contemplated [1] 30/25contemplates [1] 19/9contention [3] 11/17 11/21 12/1context [4] 22/6 24/9 26/2 40/16continue [1] 37/13continues [1] 18/22continuing [1] 38/15continuum [1] 20/23contravention [1] 30/14

44

Ccontroversy [1] 37/3Cooke [1] 29/18copied [2] 4/4 4/8copies [2] 4/13 4/18copy [3] 4/14 7/15 15/19copying [2] 11/13 26/18corporate [2] 23/18 29/7corporation [3] 17/16 20/14 21/2correct [22] 3/21 4/3 4/5 4/7 4/12 6/24 6/25 7/6 7/8 7/13 7/21 7/25 8/5 8/10 9/16 9/19 10/18 13/2 13/24 17/3 24/8 42/3correspondent [1] 39/25cost [3] 36/20 38/1 40/11costs [6] 31/14 31/18 32/6 32/19 32/21 34/21could [5] 2/20 23/15 27/23 33/4 35/17counsel [10] 2/6 2/8 2/25 7/5 8/4 9/3 21/2 21/10 27/11 28/4countenance [1] 29/6country [2] 25/12 26/5County [2] 13/1 30/4couple [1] 39/24course [3] 32/18 34/20 37/16court [20] 1/1 1/22 2/1 2/3 6/24 10/11 13/12 13/13 17/24 18/3 18/16 19/1 20/7 22/14 23/25 26/7 30/5 40/2 40/12 42/8Court's [1] 35/22courthouse [1] 25/6courtroom [1] 26/6Courts [1] 20/2coverage [12] 3/25 7/20 8/18 15/12 15/18 15/20 15/25 16/10 16/16 26/8 29/6 29/10Crime [1] 22/18CRR [1] 1/22CV [2] 1/2 2/4

Ddamage [1] 36/19damaged [1] 37/11damages [2] 30/18 36/13date [5] 9/22 10/9 10/10 38/5 42/6day [3] 32/16 39/17 39/18days [4] 10/20 38/6 38/7 41/6DE [1] 31/4DE-163 [1] 31/4deal [1] 29/25decide [1] 18/17decided [3] 19/6 35/11 35/19decision [3] 21/16 24/10 28/14decision-making [1] 28/14decisions [2] 14/23 29/1deduce [1] 4/20default [5] 19/15 19/18 19/24 22/1 22/3defendant [8] 1/7 1/17 2/13 6/24 19/22 29/7 30/12 37/8defendant's [2] 30/15 30/16defendants [11] 10/23 12/2 17/2 18/20 22/3 25/23 27/1 27/7 30/18 33/16 36/22defense [2] 17/20 27/13deliberate [2] 18/25 28/14deliberately [1] 23/13deliberateness [1] 18/19depend [2] 18/18 19/10depending [1] 27/5

depo [2] 14/5 14/18deposition [11] 2/24 10/19 14/13 15/9 16/15 16/21 23/1 23/2 28/18 32/16 33/5depositions [2] 32/20 32/20deserve [1] 37/19designed [1] 28/25despite [2] 3/11 28/5detail [1] 40/11detailing [1] 36/8details [1] 16/13determination [3] 21/17 35/20 40/21detriment [1] 5/19did [20] 3/15 7/15 9/20 9/22 9/23 15/8 16/1 16/20 17/4 23/5 24/11 26/1 26/5 27/19 29/17 30/1 31/22 31/24 37/10 40/17didn't [4] 29/16 32/13 39/14 39/15difference [1] 39/14different [4] 13/18 21/21 29/24 29/25diligence [3] 25/22 26/2 26/6direct [2] 3/19 30/14directed [1] 27/13directing [1] 5/17direction [1] 15/11directly [3] 4/9 23/11 33/15disclose [9] 2/21 3/3 9/7 13/17 25/13 29/13 30/12 32/1 35/16disclosed [11] 7/20 8/3 9/10 9/14 10/13 13/12 13/14 13/17 14/3 25/13 25/14disclosing [4] 10/23 11/3 18/13 18/20disclosure [14] 3/13 7/11 9/3 9/21 9/23 13/3 13/7 14/24 18/23 25/3 31/5 34/1 34/14 34/15disclosures [13] 10/7 10/21 10/25 11/2 16/18 16/24 17/1 17/22 18/21 18/25 28/7 33/20 33/23disconnect [1] 15/1discovered [1] 31/17discovery [8] 2/23 3/5 3/7 23/18 25/11 27/2 32/21 35/3discretion [1] 11/19discuss [1] 6/6discusses [2] 28/13 29/5discussing [2] 30/10 33/22discussion [15] 4/6 4/24 5/24 6/13 7/19 8/25 10/17 12/18 14/5 15/25 16/7 21/14 27/7 35/10 40/24discussions [5] 4/10 6/9 8/2 8/17 39/6dismissed [1] 27/24dismissing [1] 33/11dispositive [2] 35/2 35/12dispute [1] 18/13distinction [3] 14/6 14/11 14/11DISTRICT [5] 1/1 1/1 1/10 7/2 7/4do [27] 3/18 4/13 4/14 12/10 12/14 15/22 16/24 19/7 19/12 20/20 21/15 22/5 22/6 23/13 24/21 25/10 26/5 26/24 27/9 28/11 29/9 29/21 32/24 33/8 34/13 41/6 41/10docket [4] 2/20 12/7 27/10 32/4document [7] 11/23 16/1 32/16 34/7 34/8 34/9 34/11documentation [2] 3/11 4/14documents [4] 3/1 5/6 33/19 33/22Does [1] 4/1doesn't [6] 5/8 14/24 26/3 28/18 28/18 40/15dollar [1] 17/16don't [44]

Donald [2] 1/17 2/13done [8] 15/13 15/17 25/22 37/18 37/22 38/3 38/14 41/7down [7] 21/11 22/13 23/15 26/1 39/7 39/13 39/17draft [5] 17/4 29/22 34/1 34/2 34/13drafted [2] 16/22 16/23drafting [2] 17/1 36/7drafts [10] 16/23 17/6 17/21 17/23 21/7 22/8 24/14 29/15 29/16 34/5dried [2] 3/25 5/5due [2] 26/2 26/6during [2] 7/25 8/1

Eeach [1] 40/17early [1] 27/11easier [2] 12/15 12/16easily [1] 27/24efforts [1] 36/20egregious [1] 29/19either [4] 9/5 16/2 19/5 20/22elements [1] 20/3Elizabeth [2] 1/14 2/9else [1] 35/24email [17] 3/22 4/1 4/8 4/13 4/17 4/19 4/23 6/3 6/5 6/8 6/13 8/8 15/19 15/22 18/10 21/5 34/4emails [11] 15/11 16/9 16/23 17/6 21/10 23/6 24/14 30/1 34/14 38/6 41/5encompassing [2] 11/18 28/24end [7] 5/24 18/8 18/14 18/15 19/17 20/22 27/3ending [2] 33/18 33/21enormous [1] 18/6ensue [1] 26/23entered [2] 7/16 10/5entertain [1] 38/3entrenched [1] 20/22entries [2] 33/25 34/5entry [5] 2/20 12/7 19/15 27/10 34/2Esq [4] 1/13 1/14 1/17 1/18essence [1] 30/21et [1] 1/6evaluate [1] 30/18even [9] 12/15 18/9 19/4 29/5 29/14 29/15 29/15 33/4 38/3events [3] 2/22 31/3 40/18ever [4] 8/7 9/9 22/19 29/7everyone [2] 2/2 37/4everything [1] 23/25evidence [6] 18/24 22/2 22/2 25/11 28/12 40/6evident [2] 25/16 25/21evolving [2] 29/5 29/10ex [1] 33/14exact [1] 10/9exactly [4] 15/22 16/21 17/8 39/25example [2] 10/22 19/2examples [1] 15/10except [4] 34/14 34/20 36/19 41/13exceptions [1] 27/3exchange [2] 5/2 21/5exchanged [1] 17/21exclusions [1] 28/16exemption [1] 31/9exercise [2] 11/19 23/15exhausted [1] 3/16Exhibit [3] 12/7 28/20 33/17Exhibit 2 [1] 12/7

45

EExhibit H [1] 28/20exhibits [2] 12/12 23/3existed [2] 3/25 29/3expense [1] 36/21explain [3] 17/13 24/10 35/18explained [1] 24/16explanation [4] 24/12 28/6 29/12 30/3extent [1] 19/25extreme [2] 19/17 19/20

Ffact [9] 5/5 5/17 20/25 23/21 25/16 28/1 29/23 31/21 35/5factor [2] 18/13 30/10facts [1] 39/3factually [1] 5/4failed [2] 25/18 38/9failure [5] 2/21 3/3 29/12 32/1 35/16fair [4] 6/2 6/8 6/12 17/7fairly [5] 3/16 20/11 21/6 31/25 39/21faith [7] 3/5 22/5 26/25 27/4 28/12 30/20 35/14falls [1] 23/20false [1] 25/9far [6] 7/1 29/19 29/19 32/8 37/3 39/21fast [1] 5/22February [1] 31/14federal [6] 6/24 10/24 14/7 19/1 19/23 20/6feel [1] 18/16fees [7] 31/1 31/2 31/12 32/6 34/21 38/1 40/25few [1] 20/13file [5] 25/17 37/15 38/9 39/2 39/10filed [13] 2/19 7/14 11/2 12/12 14/16 15/12 31/6 31/7 31/20 31/24 33/17 38/13 39/9filing [1] 35/8final [1] 33/22finally [1] 34/9find [4] 12/16 20/2 26/25 30/23finding [3] 18/19 35/14 35/14findings [1] 19/19fine [3] 12/17 38/7 41/9finish [1] 22/21firm [8] 2/12 7/2 7/15 9/8 9/9 10/15 17/21 17/22firmly [1] 26/13first [15] 3/19 6/20 6/21 6/23 8/7 8/20 8/21 8/23 9/13 11/3 11/22 11/22 34/5 34/7 34/9five [10] 32/3 33/17 37/15 38/1 38/2 38/18 38/20 39/1 39/11 41/2five-page [3] 39/1 39/11 41/2FL [3] 1/15 1/20 1/23Flagler [1] 1/19FLORIDA [2] 1/1 1/5flow [1] 12/20FLSA [1] 40/17flsd.uscourts.gov [1] 1/24flushed [1] 39/19Foley [4] 7/14 9/8 9/9 9/21folk [1] 18/11following [3] 27/9 31/3 41/13foregoing [1] 42/3foreseeing [1] 39/9forgetting [1] 27/19formed [1] 5/24

forth [1] 3/14forthcoming [1] 24/12forward [3] 5/22 25/20 38/4found [1] 9/14four [2] 10/20 17/21fraud [1] 22/18FRD [2] 20/15 20/18free [1] 4/20freely [1] 12/13front [1] 10/17full [4] 4/18 19/25 27/15 30/19fully [2] 3/8 5/1fully-funded [1] 5/1Fund [1] 20/14funded [2] 5/1 13/24further [2] 27/2 34/19future [1] 20/9

Ggame [2] 18/14 18/15Garten [40] 2/24 3/2 3/22 4/10 5/2 6/14 10/19 13/11 14/10 15/3 15/6 15/10 15/20 15/23 16/2 16/9 16/9 16/17 17/1 17/4 17/11 17/23 18/2 21/4 21/9 21/16 21/17 27/9 27/17 27/25 28/5 28/16 28/25 29/14 30/1 30/8 30/10 32/12 33/4 35/16Garten's [9] 4/21 5/24 6/9 14/5 14/18 14/23 15/10 23/2 32/16general [4] 2/25 9/22 21/2 27/10germane [2] 35/11 35/21get [9] 11/7 11/10 12/3 22/19 23/16 32/24 33/2 35/3 36/23Gillman [1] 18/3give [7] 9/21 9/22 14/20 15/8 18/11 28/5 41/5given [3] 16/2 17/23 21/9go [7] 9/5 11/11 21/11 23/15 34/25 37/1 38/4goes [1] 14/25going [18] 18/16 18/18 21/11 21/24 22/20 23/7 23/17 26/5 27/2 27/6 30/23 31/2 31/10 31/15 33/12 33/13 34/25 36/20gone [4] 3/24 4/22 5/14 5/21good [9] 2/7 2/10 2/11 2/15 2/17 10/1 11/12 22/5 30/20got [4] 8/14 9/9 17/7 34/3Government [3] 20/14 20/17 20/24grappled [1] 29/18grappling [1] 6/19Guarantee [3] 20/14 20/17 20/24guess [4] 3/19 5/9 19/5 36/6

Hhad [25] 2/23 5/5 6/21 7/11 10/13 12/5 12/5 17/10 17/11 17/20 24/7 25/23 27/14 28/21 31/5 31/6 31/6 31/8 31/17 35/18 36/6 36/7 36/11 37/13 38/11hadn't [2] 32/15 35/18hand [3] 28/17 28/17 33/11handled [2] 15/17 21/15happen [4] 26/12 27/19 39/14 39/15happened [7] 7/5 10/20 17/9 17/17 17/19 17/25 35/18happens [1] 9/6has [26] 3/8 3/11 3/25 4/14 5/24 6/7 7/3 9/3 11/9 11/21 18/22 21/9 22/1 24/12 25/7 26/4 27/1 27/12 27/18 27/19 28/5 28/10 28/24 30/11 30/22

37/4hasn't [1] 25/4have [66] haven't [3] 19/6 19/6 29/21having [4] 14/23 30/18 34/23 36/14he [37] 3/23 5/5 14/12 14/24 14/24 14/25 15/7 15/8 16/2 16/4 16/5 16/10 23/3 23/5 23/17 24/11 25/2 25/4 27/11 27/12 27/14 27/14 27/18 27/19 28/2 28/17 28/18 29/5 29/14 29/15 29/16 29/17 29/24 32/12 35/18 35/18 38/11he'd [1] 32/12he's [6] 16/10 17/15 17/15 27/10 29/16 29/16head [1] 10/10hearing [5] 1/9 2/23 8/21 22/11 36/7held [1] 29/8here [25] 2/18 3/15 3/16 6/7 7/2 9/25 11/16 12/8 12/18 15/21 17/13 17/17 19/25 21/12 22/2 22/7 23/22 25/14 26/13 27/21 30/6 31/23 35/18 37/3 37/22Herman [4] 1/17 1/18 2/12 2/12herman2 [1] 4/11him [7] 15/3 16/14 18/1 22/25 22/25 28/17 38/9himself [3] 33/4 35/17 35/18his [14] 4/23 10/10 10/19 14/13 14/25 18/3 21/9 23/14 24/25 28/1 28/18 29/2 30/2 33/5history [2] 3/23 38/20hole [1] 21/11Honor [45] Honor's [2] 25/19 38/10HONORABLE [1] 1/10HOTEL [1] 1/6hourly [1] 40/17hours [2] 23/2 40/22house [1] 28/3how [17] 13/20 14/5 21/4 21/15 21/15 22/6 23/17 23/22 27/18 27/20 36/17 36/17 36/19 37/10 38/6 41/6 41/10Hyatt [1] 20/14

II'd [3] 14/18 21/19 21/19I'll [4] 11/10 13/22 17/19 21/19I'm [44] I've [13] 3/10 14/1 34/3 35/5 37/2 37/13 37/14 37/17 37/18 37/25 38/21 41/5 41/10idea [1] 28/8identified [2] 30/12 34/21identify [1] 32/3ignorance [1] 32/4II [1] 1/17III [4] 1/18 2/12 2/16 17/1illuminate [1] 17/18impact [1] 6/7implemented [1] 28/25impose [2] 20/2 30/24imposed [1] 38/21in-house [1] 28/3inadvertent [2] 3/4 18/23inaudible [1] 22/12inception [1] 27/14included [2] 28/7 32/22including [1] 36/21indeed [1] 10/18information [6] 18/7 18/8 19/7 22/17

46

Iinformation... [2] 30/17 31/23initial [3] 10/21 16/18 34/1inquiry [2] 22/25 35/22inspection [2] 11/12 26/18instance [5] 15/13 25/2 25/4 25/5 29/4instances [3] 19/21 25/1 30/14instead [1] 28/23insurance [28] 2/21 3/24 8/16 9/4 9/10 10/24 11/1 11/13 11/14 13/3 13/17 16/3 18/13 18/21 19/3 19/22 22/8 25/13 26/18 26/19 28/4 28/20 29/6 29/10 29/25 31/5 32/5 33/23insurant [1] 7/12insurer [1] 16/14integrity [1] 20/5intentional [2] 19/3 19/21intentionality [1] 18/19intentionally [1] 10/23interested [1] 11/6Introduced [1] 23/3inured [1] 4/25inures [2] 5/17 5/18involved [9] 8/16 9/9 9/12 10/12 10/15 27/13 27/16 28/1 29/23involving [1] 18/25is [129] isn't [1] 22/18issue [13] 3/10 3/12 21/3 22/12 26/11 26/11 27/4 27/18 37/1 37/24 39/1 39/9 40/11issues [2] 16/10 27/15it [90] it's [20] 4/22 6/10 10/22 11/11 12/1 12/15 12/16 12/19 12/19 12/20 13/16 16/25 21/16 21/16 25/16 25/21 30/7 33/1 36/10 40/24items [2] 33/12 33/18its [4] 9/21 26/23 27/14 29/8itself [2] 6/3 37/9iv [1] 26/17

JJared [2] 1/13 2/7JJK [1] 20/16joint [1] 17/20Jordan [2] 26/7 31/7Joseph [2] 1/17 1/18JUDGE [4] 1/10 26/7 29/18 31/7judgment [2] 19/15 19/24judgments [1] 19/18Judith [2] 1/22 42/8judy [1] 1/24juncture [1] 32/10June [2] 1/4 42/6jurors [1] 37/6just [26] 4/14 5/23 6/13 7/22 8/24 9/22 12/4 18/10 19/5 20/8 20/9 24/16 24/25 25/8 35/10 36/2 36/5 36/6 37/23 38/8 38/10 38/25 39/9 40/9 40/9 41/2justification [3] 26/22 29/12 35/16

KKATHLEEN [1] 1/10keep [1] 37/23kettle [1] 26/2kettle/pot [1] 26/2keys [2] 27/19 27/21Khosravi [1] 13/1

kind [4] 5/25 17/12 25/25 28/12kitchen [1] 27/20KMW [1] 1/2knew [2] 6/14 21/14know [31] 5/10 5/22 10/10 14/19 14/24 16/13 16/20 16/24 17/17 19/7 19/24 20/2 20/11 24/20 24/21 25/2 25/25 28/18 28/18 29/18 30/7 32/13 35/2 36/3 36/17 36/17 36/19 37/8 38/17 38/17 39/22knowing [2] 28/21 29/2knowledge [2] 28/1 30/19known [2] 8/3 9/6knows [2] 29/11 29/11

Llanguage [1] 11/18Lardner [3] 7/15 9/8 9/9last [8] 22/10 23/7 31/17 32/20 33/17 34/7 34/12 35/8later [2] 11/1 12/11Lauren [1] 33/23law [9] 2/12 13/6 14/7 14/7 17/21 17/22 19/18 21/6 28/13lawsuit [2] 14/22 15/4lawyer [3] 17/15 23/16 28/2lawyers [4] 1/14 16/22 28/3 30/2learn [1] 14/1least [8] 5/1 5/24 15/23 16/21 20/24 21/7 21/7 31/7leave [1] 21/20led [1] 35/22Lee [3] 1/14 1/14 2/9less [3] 28/6 32/3 37/4let [3] 11/11 12/19 26/16let's [5] 5/20 6/6 6/18 9/20 11/9letter [4] 15/18 15/20 16/1 16/16liable [2] 11/14 26/19life [1] 37/7light [2] 7/20 31/21like [10] 7/2 13/15 14/4 14/18 21/19 21/20 24/9 26/2 32/6 33/3likened [2] 27/18 27/19limited [1] 21/3line [2] 14/20 15/24linear [1] 22/4lines [1] 7/13litigant [1] 20/8litigants [1] 20/8litigate [1] 37/13litigation [14] 10/24 12/21 13/20 13/23 19/23 25/10 25/12 25/22 27/14 28/9 28/10 28/25 30/4 31/3litigations [2] 26/5 27/25little [1] 40/22LLC [4] 1/3 1/6 2/5 20/16log [2] 16/20 33/17long [1] 38/6look [1] 21/15looked [1] 33/3looking [2] 20/1 20/13lot [2] 22/4 29/21

Mmade [13] 6/21 7/12 8/3 10/14 13/3 14/6 16/17 21/17 24/10 25/2 25/3 31/5 36/20make [10] 8/12 8/19 9/21 9/23 12/4 21/15 29/1 36/2 40/3 40/20makes [2] 30/12 39/13

making [2] 23/20 28/14management [3] 13/12 14/4 30/5many [3] 17/17 20/1 40/22March [3] 36/11 36/14 37/12massive [1] 38/12materials [1] 27/6matter [6] 18/9 26/12 33/23 34/17 38/16 42/4matters [3] 12/8 29/25 34/24may [25] 3/14 3/25 4/25 10/25 11/14 11/18 22/25 25/17 26/12 26/12 26/19 26/23 27/7 29/14 29/15 29/20 35/8 36/2 37/9 37/15 37/15 37/20 37/21 38/9 41/3maybe [2] 8/24 36/18me [22] 2/8 5/16 6/20 7/25 9/22 9/22 11/11 12/16 12/19 14/20 16/21 17/18 18/3 22/3 23/11 23/20 26/15 26/16 27/18 31/9 32/10 41/5mean [7] 5/8 11/7 27/5 32/5 35/7 39/14 40/24meaningless [1] 29/24mediation [22] 8/1 8/16 9/5 10/16 10/20 27/11 27/16 31/4 31/11 31/13 31/14 31/15 31/16 31/17 31/18 36/21 36/22 39/18 39/18 39/19 39/25 40/1mediations [1] 39/22memo [2] 25/18 41/2memorandum [5] 36/8 39/1 39/11 40/10 40/15memory [1] 16/8mentioned [1] 22/8message [1] 20/8Miami [5] 1/5 1/15 1/20 1/23 1/23mics [1] 7/10middle [2] 7/4 26/13might [2] 30/15 37/12million [3] 27/22 37/4 37/8Mineral [1] 20/16minute [1] 11/10misunderstand [1] 40/10moment [1] 17/5monetary [1] 30/19money [4] 5/1 5/25 6/10 37/3money's [3] 4/21 5/14 5/21monies [1] 37/11months [5] 10/7 10/12 11/1 38/11 39/24more [8] 7/23 19/7 27/22 29/19 37/19 38/11 38/25 41/8morning [5] 2/7 2/10 2/11 2/15 2/17motion [12] 1/9 2/19 4/17 12/15 12/20 22/6 25/18 30/16 31/19 31/20 32/19 32/21motions [5] 26/15 31/19 31/25 35/2 35/12mouth [1] 11/23move [1] 25/19moves [1] 3/7Mr [4] 2/15 2/16 4/4 40/2Mr. [79] Mr. Beck [17] 2/10 3/20 4/9 6/15 8/8 10/9 10/14 11/9 15/7 18/6 22/12 27/1 28/9 28/10 30/7 32/9 34/20Mr. Beck's [4] 21/20 22/25 24/22 38/8Mr. Garten [37] 2/24 3/2 3/22 5/2 6/14 10/19 13/11 14/10 15/3 15/6 15/10 15/20 15/23 16/2 16/9 16/9 16/17 17/1 17/4 17/11 21/4 21/9 21/16 21/17 27/9 27/17 27/25 28/5 28/16 28/25 29/14

47

MMr. Garten... [6] 30/1 30/8 30/10 32/12 33/4 35/16Mr. Garten's [9] 4/21 5/24 6/9 14/5 14/18 14/23 15/10 23/2 32/16Mr. Russomanno [12] 3/3 4/4 4/8 5/18 6/20 11/16 16/25 17/3 20/13 23/13 23/23 38/23Mrs. [1] 2/10Mrs. Beck [1] 2/10much [4] 28/6 40/23 41/6 41/10multi [2] 17/16 26/4multi-national [2] 17/16 26/4multiple [1] 26/5Museum [1] 1/19must [1] 36/22my [17] 3/8 5/17 6/13 9/9 11/23 13/8 13/13 14/2 16/8 18/12 20/1 20/5 20/12 23/7 29/9 34/24 40/9myself [2] 17/22 33/14

Nnation [1] 25/9national [7] 11/10 17/16 25/22 26/4 28/8 28/24 30/11nature [1] 4/21navigate [1] 26/21need [11] 5/11 5/22 7/4 11/7 12/14 19/6 34/19 35/24 37/25 39/4 40/5needs [3] 20/7 24/10 39/19negotiate [1] 30/20negotiating [1] 5/12negotiation [2] 5/13 5/19neither [1] 29/11never [5] 6/22 8/18 11/21 12/1 32/12new [1] 29/10night [1] 39/18nine [1] 13/17no [35] 1/2 4/21 5/20 6/16 6/16 7/12 8/9 8/9 9/4 9/13 10/25 11/6 11/6 11/6 11/6 14/11 17/4 22/2 22/7 23/12 25/22 26/2 28/19 28/21 29/7 30/3 31/8 33/19 35/10 35/10 35/15 35/19 36/1 37/20 38/11nobody [1] 22/8noncompliance [1] 29/21nondisclosure [2] 19/3 19/22none [1] 22/19not [82] note [1] 27/3nothing [3] 6/14 33/14 35/4notice [1] 15/3November [2] 3/22 11/2now [22] 3/7 4/13 5/22 6/10 6/18 6/22 9/20 12/7 13/25 15/21 17/5 18/22 18/24 20/12 21/9 21/21 25/11 31/4 32/8 36/16 36/22 37/11number [2] 2/3 5/13numbers [1] 12/9numerous [1] 27/25

Ooath [4] 23/12 23/17 23/21 29/17obtain [1] 15/11Obviously [1] 19/9occurred [7] 8/17 10/7 24/16 27/20 35/8 36/12 39/22off [1] 10/10offer [1] 3/23

officer [2] 23/25 40/2Official [1] 1/22oh [5] 9/11 13/22 20/18 23/12 32/18okay [42] 2/18 4/11 4/20 4/24 5/16 6/18 7/1 7/18 8/6 8/11 9/1 9/2 9/11 9/13 9/17 9/20 10/1 11/4 11/15 11/25 12/17 12/17 12/25 14/3 14/14 16/12 16/19 17/3 18/5 20/11 22/23 23/9 24/17 24/19 33/7 33/9 39/20 40/4 40/7 40/9 40/14 41/15once [1] 33/3one [19] 3/19 4/4 7/23 10/16 15/23 18/13 20/17 22/10 22/13 22/24 25/2 25/5 28/17 32/10 34/2 35/10 35/17 36/2 38/25one-page [1] 35/10only [12] 19/24 20/8 22/15 22/18 28/2 29/1 33/9 33/12 35/4 35/17 37/8 38/20open [1] 33/6opponent's [1] 5/12oppose [1] 31/20opposing [1] 8/4opposition [1] 31/24option [1] 23/16Orange [2] 13/1 30/4Oravec [1] 7/1order [7] 2/1 3/9 25/19 31/7 32/7 32/22 38/10ordered [4] 2/23 25/17 38/8 39/23orders [1] 35/3organization [11] 2/5 2/14 3/8 5/20 6/24 7/3 14/21 15/2 26/4 27/12 33/12Organization's [1] 2/21Organizations [1] 2/25original [2] 2/19 4/17Originally [1] 6/19other [23] 6/11 6/12 18/25 19/21 20/8 20/16 21/5 21/10 21/10 22/5 25/1 25/3 26/11 27/23 27/25 28/17 32/3 32/8 34/23 34/23 35/5 35/24 37/9otherwise [1] 22/16our [14] 3/24 4/9 7/16 10/5 14/15 18/15 22/10 35/11 36/8 36/10 36/13 38/5 39/3 40/11out [13] 5/6 6/11 9/7 9/14 11/23 12/11 20/21 23/22 26/11 29/14 32/11 33/11 39/19outside [2] 21/10 28/4overlooked [1] 27/24oversees [1] 16/11own [3] 29/2 30/15 37/7

PPA [1] 1/18page [21] 14/20 18/12 18/12 21/22 22/10 28/18 29/5 29/15 33/17 33/22 33/24 33/25 34/2 34/3 34/5 34/7 34/9 35/10 39/1 39/11 41/2pages [9] 1/7 14/18 17/17 32/3 37/15 38/1 38/2 38/18 38/20paid [1] 6/11paper [1] 38/9papers [2] 14/15 39/8paperwork [3] 10/11 10/14 38/13pardon [1] 33/20part [9] 4/5 5/13 11/14 11/20 12/12 16/15 18/18 18/20 26/25parte [1] 33/14participating [1] 31/12particular [1] 13/6

parties [10] 3/14 12/10 13/21 20/21 26/9 26/17 26/21 30/20 31/8 35/8parties' [1] 5/10party [3] 11/20 26/22 35/23party's [1] 20/25past [1] 35/9payment [2] 30/25 31/2pending [1] 35/2Penthouse [1] 1/19people [1] 6/11period [1] 9/22person [2] 15/6 16/10personally [2] 27/11 27/13perspective [2] 18/16 36/13pertinent [1] 35/21plaintiff [6] 1/4 1/13 2/19 3/7 30/21 30/22plaintiffs [9] 2/8 5/17 25/9 30/17 31/13 31/22 32/2 36/14 41/14plaintiffs' [2] 3/4 5/18plays [1] 23/22pleading [2] 13/5 31/6pleadings [4] 3/9 3/17 26/1 31/24please [3] 2/2 2/6 17/18point [11] 5/11 5/23 10/14 19/14 23/8 27/1 29/14 32/2 35/17 35/22 38/25points [1] 22/21policies [8] 6/22 14/24 28/15 28/15 28/16 28/19 29/10 30/2policy [28] 2/21 3/3 8/3 8/8 9/7 9/10 10/7 10/17 11/3 11/10 12/18 13/25 14/4 19/3 19/22 28/22 29/2 29/3 30/4 30/11 32/5 32/11 32/12 32/15 32/25 33/1 33/7 33/8position [6] 15/12 18/22 20/25 21/9 36/10 36/24positions [3] 20/22 24/21 26/10possession [1] 31/22possibility [2] 6/21 7/19possible [2] 19/25 39/2pot [2] 5/1 26/2potentially [1] 33/3Predecessor [1] 9/3prefer [1] 12/10prejudice [6] 4/25 30/22 35/19 36/8 38/12 39/14preparation [1] 31/15prepared [2] 26/14 26/14preparing [2] 31/12 32/20president [4] 2/25 17/15 21/1 28/2previously [1] 26/7price [1] 37/14prior [2] 7/9 7/11privilege [6] 20/20 21/3 21/21 21/23 23/19 33/11privileged [2] 21/17 22/16problem [2] 14/23 27/21proceed [1] 3/6proceeding [1] 12/11proceedings [2] 41/23 42/4process [1] 29/6produce [9] 22/16 26/17 27/7 30/1 30/4 30/5 33/13 33/13 38/6produced [14] 3/12 5/7 11/23 14/9 14/12 15/19 16/1 16/9 24/14 24/15 25/5 25/14 32/9 32/15production [2] 31/11 32/16promised [1] 37/8properly [1] 30/18PROPERTIES [3] 1/3 1/13 2/4

48

Pproponent [1] 20/25prospects [1] 5/10protocol [2] 14/21 15/2provide [1] 33/4provided [3] 4/15 4/16 4/17provides [1] 26/21province [1] 35/23punitive [2] 20/2 20/5purely [1] 6/14purposes [1] 21/2pursuant [5] 2/18 13/6 14/9 30/5 32/7put [6] 27/4 36/6 36/6 36/25 37/13 37/14

Qquestion [15] 7/23 10/3 15/6 15/7 17/14 20/12 22/10 22/22 23/10 24/4 28/20 32/8 33/6 33/11 33/15questions [10] 3/12 3/15 3/18 11/8 13/4 14/19 22/4 23/3 23/5 23/25

Rrabbit [1] 21/11raised [1] 30/10reached [1] 36/10read [8] 3/9 3/9 3/10 6/6 14/17 26/1 29/15 29/16reading [5] 6/2 6/8 6/12 17/7 33/3realize [1] 31/4realized [1] 12/8really [4] 20/5 24/21 26/3 41/8REALTIME [1] 42/8reason [5] 14/3 29/20 30/9 31/8 36/25reasonable [4] 28/6 29/11 35/15 37/14receive [1] 7/15received [5] 3/22 6/15 8/8 18/6 30/19recently [1] 38/9recipients [1] 15/23recited [1] 30/16reckoning [1] 30/15recognized [1] 30/13recollection [1] 15/22recommend [1] 19/8reconciling [1] 14/23record [14] 4/19 8/13 17/7 19/10 22/2 22/2 26/24 28/11 36/6 38/4 39/5 39/21 40/18 42/4redact [1] 12/15redacted [1] 4/16refer [2] 12/9 13/21referring [2] 12/15 12/18regard [5] 2/20 4/10 21/21 38/8 38/15regarding [2] 4/6 34/14reimbursed [1] 31/25related [1] 32/4relationship [1] 23/14relevancy [1] 28/15relevant [2] 10/22 21/16relies [1] 23/19remaining [1] 32/9remedy [1] 24/23remember [2] 12/4 15/25remind [1] 6/20repeat [1] 25/8repeatedly [4] 12/2 14/10 14/10 14/13rephrase [1] 7/23report [3] 13/12 13/15 30/5Reported [1] 1/22

reporter [4] 1/22 22/14 42/8 42/8representation [4] 3/2 21/1 23/20 40/3representative [2] 23/19 27/12represented [1] 7/3representing [2] 5/5 10/25request [3] 3/4 21/20 38/14requests [1] 3/1required [2] 11/20 31/23requirement [2] 14/6 14/7requires [3] 11/12 13/7 26/17research [1] 31/24researched [1] 3/10resolved [1] 22/19respect [2] 15/12 23/13respectfully [1] 38/14respective [1] 18/4respond [6] 21/20 24/22 37/16 37/20 40/21 41/16respondents [1] 40/21response [6] 12/19 20/12 22/9 22/24 29/20 38/22responses [1] 3/1responsible [1] 16/10resurrect [1] 37/9returning [1] 37/24revealed [1] 30/3review [3] 27/6 34/17 34/25reviewed [1] 29/21reviewing [1] 28/4revisit [2] 34/24 37/18revisiting [1] 37/23right [29] 2/15 5/4 5/8 5/15 6/17 7/9 7/10 8/22 9/17 10/4 12/24 13/19 15/1 15/21 17/5 18/5 18/6 22/15 25/19 25/23 32/14 33/9 38/24 39/16 39/24 40/13 40/19 41/18 41/19road [1] 23/15Room [1] 1/23rude [1] 11/7rule [35] 7/11 7/15 9/3 10/7 11/11 11/11 11/13 11/17 13/6 13/15 14/4 16/23 17/1 17/21 18/21 18/25 19/3 19/9 21/6 24/5 26/15 26/16 26/16 26/17 26/21 28/7 28/23 29/4 29/7 30/13 30/14 30/25 31/6 32/7 35/15ruled [3] 37/17 37/25 38/16rules [5] 13/12 14/9 20/6 24/14 35/23Russomanno [21] 1/17 1/18 1/18 2/12 2/12 2/13 2/15 2/16 3/3 4/4 4/8 5/18 6/20 10/15 11/16 16/25 17/3 20/13 23/13 23/23 38/23Russomannos [1] 4/4

Ssaid [13] 9/4 9/13 12/4 13/5 14/10 21/16 22/12 26/1 26/14 30/1 32/12 34/16 38/10same [3] 6/15 13/24 19/22sanction [9] 18/9 19/7 19/13 19/15 19/25 20/1 20/3 31/25 32/22sanction's [1] 18/17sanctions [18] 2/19 3/4 4/17 19/9 19/16 21/14 22/6 22/19 26/23 30/23 30/24 32/7 32/19 35/13 37/19 37/22 38/21 41/3satisfy [1] 11/14saw [1] 8/7say [9] 5/20 22/7 26/9 28/17 29/9 36/19 37/8 37/19 37/20saying [9] 5/2 5/12 5/20 5/23 7/12 19/4

29/16 29/17 38/18says [3] 3/23 13/5 14/24SB [2] 1/6 30/17scheduling [1] 31/7scheme [1] 25/22scope [1] 19/10seal [5] 12/9 12/11 12/14 34/17 41/6sealed [1] 12/12seated [2] 2/2 7/10second [2] 22/24 34/12seconds [1] 24/25see [5] 4/11 12/19 31/8 31/10 35/10seeking [2] 15/11 18/7seem [2] 5/16 26/3seemed [1] 32/10seems [2] 11/18 33/6seen [4] 2/19 22/8 32/12 32/15self [1] 28/1send [1] 20/7sensitive [2] 5/9 33/10sent [1] 16/16separate [1] 40/10September [4] 34/25 35/1 38/5 41/8serve [1] 26/10served [2] 10/21 10/24set [1] 22/6settle [1] 36/14settled [1] 37/12settlement [22] 4/6 4/10 4/22 5/10 6/1 6/9 6/10 7/19 8/1 8/2 8/2 9/6 10/16 13/24 30/16 31/20 31/21 32/4 36/11 36/20 36/21 39/6seven [2] 23/2 38/11she [2] 23/17 24/11should [16] 11/23 14/10 14/12 20/4 24/1 24/2 24/6 24/15 25/14 36/18 37/1 37/2 37/7 37/7 37/20 38/3showing [1] 16/9Shutts [4] 17/20 17/22 18/4 29/23sign [1] 24/5Signature [1] 42/8signs [1] 26/22similar [2] 13/16 29/18since [2] 27/14 41/7sitting [2] 15/21 25/6situation [1] 29/18six [1] 11/1slow [1] 22/13some [14] 3/1 3/18 11/19 12/8 14/18 20/16 22/1 27/2 30/1 30/2 30/13 31/9 32/3 39/3somebody [3] 14/20 15/2 15/3someone [2] 15/4 15/10something [4] 7/13 8/2 9/6 39/10somewhere [2] 18/10 26/13sophisticated [1] 28/3sorry [4] 13/22 20/18 32/18 33/19sort [1] 12/11source [1] 3/2SOUTHERN [2] 1/1 7/2speak [1] 12/13speaks [2] 6/3 6/5specific [1] 21/7specifically [4] 2/24 19/2 22/11 39/6spectrum [1] 19/17stake [1] 20/6staked [1] 20/21staking [1] 26/11stamp [4] 33/18 33/19 33/21 33/25standard [2] 40/24 41/15

49

Sstart [6] 4/1 5/20 6/18 9/20 11/12 26/16started [3] 3/21 3/21 25/9starting [2] 33/18 33/21state [4] 2/6 13/12 13/13 30/5STATES [3] 1/1 1/10 1/22stay [1] 7/10staying [1] 26/10Ste [1] 1/15Steven [1] 18/3stickies [1] 18/12still [2] 17/17 20/1stood [2] 8/20 11/22straight [1] 33/2strategically [2] 5/2 5/23strategy [5] 25/10 25/12 28/9 28/10 28/25strayed [1] 11/9Street [1] 1/19strike [2] 35/5 35/5stuff [1] 11/10subject [1] 11/19submit [2] 20/4 35/9submits [1] 15/3submitted [5] 10/11 16/5 17/24 18/3 34/16submitting [3] 14/22 40/16 40/17subsequently [1] 25/3substantial [4] 26/22 28/6 29/12 35/15successor [1] 7/5sued [2] 14/22 15/2suffered [1] 30/22sufficient [3] 38/2 41/3 41/13suggest [2] 11/19 27/23suggested [1] 18/12suggesting [1] 3/7suggestion [2] 24/22 30/8sum [1] 35/13supplemental [5] 11/2 25/17 35/7 36/8 39/11support [2] 21/9 25/18sure [2] 7/24 32/10SW [1] 1/15swath [1] 26/20

Ttable [2] 2/8 27/20tactic [1] 5/19tag [1] 37/14take [2] 35/25 37/6taking [1] 24/21talk [2] 21/12 31/10talks [1] 20/24Tampa [2] 7/17 25/14tasks [2] 41/10 41/13TD [1] 29/19tell [3] 10/11 17/8 17/19telling [1] 24/1ten [3] 38/6 38/7 41/6terms [2] 6/8 37/12test [1] 21/4testified [4] 10/19 16/9 35/17 39/4than [9] 6/12 22/5 34/23 34/23 35/5 35/24 37/4 37/19 41/8Thank [2] 41/20 41/21that [247] that's [50] their [18] 9/3 9/23 10/23 11/2 14/9 15/11 18/20 18/22 20/21 25/17 25/19

25/21 31/22 32/4 32/15 37/7 38/15 41/5them [3] 25/17 33/13 41/5then [30] 4/20 6/18 7/3 7/20 8/3 9/13 9/14 9/14 11/1 11/9 11/11 12/11 13/23 17/4 18/3 21/2 22/1 22/6 23/19 23/19 27/20 33/9 34/2 35/8 37/9 38/22 40/11 40/20 41/2 41/15there [60] there's [8] 16/14 18/19 18/24 22/3 35/4 38/12 40/10 40/20thereby [1] 25/19these [8] 2/22 3/15 11/8 14/19 22/19 23/3 29/1 34/13they [28] 9/13 9/14 9/14 9/22 10/24 11/2 13/14 13/16 13/18 16/8 16/17 17/23 23/2 24/14 24/15 25/18 25/23 29/9 31/9 31/9 31/24 31/24 35/8 38/9 39/13 39/14 39/17 39/22they're [1] 39/4They've [1] 38/11thing [1] 33/9think [40] 3/16 5/4 10/22 12/15 12/20 16/4 16/7 16/14 19/6 19/12 19/14 19/16 19/17 19/20 19/21 21/2 21/6 21/12 21/20 23/16 23/16 25/16 25/21 26/10 28/11 29/19 30/11 31/23 32/8 34/3 34/24 37/13 37/13 37/20 39/3 39/12 39/13 39/19 40/5 41/12thinking [1] 19/11third [1] 34/11this [94] thorough [1] 27/15those [15] 7/13 16/23 17/23 19/16 20/20 23/6 24/14 27/16 30/24 31/25 32/5 32/21 33/19 34/16 40/18though [1] 20/12three [1] 33/22through [2] 1/7 14/25time [26] 4/8 6/15 6/23 7/16 7/23 8/7 8/20 8/23 9/22 11/3 11/22 16/4 16/5 16/14 17/10 17/20 29/8 34/18 35/3 36/23 38/1 38/20 41/6 41/8 41/10 41/16timeline [1] 9/25today [7] 2/18 26/15 34/22 35/25 37/18 37/22 38/18today's [1] 36/7told [5] 8/20 11/22 16/2 16/14 22/25tolerated [1] 20/10too [1] 24/6took [2] 4/23 23/2top [2] 10/10 33/25topic [2] 21/21 21/23tough [1] 7/10Tower [1] 1/19transcript [3] 1/9 12/14 42/3transcripts [1] 22/11trial [5] 1/14 34/25 35/3 37/1 38/5trials [1] 37/6TRILOGY [9] 1/3 1/13 2/4 8/19 10/21 14/12 15/14 16/18 18/11Trump [29] 1/17 2/4 2/14 2/14 2/21 2/25 3/8 5/19 6/24 7/3 10/23 12/2 14/21 15/2 17/2 18/20 22/3 25/23 26/25 27/6 27/11 27/12 30/17 31/20 33/12 33/16 36/22 40/22 41/3Trumps [1] 25/10truth [3] 24/1 24/6 26/12trying [4] 5/9 5/9 9/18 12/9

two [9] 13/4 16/17 19/21 22/21 25/1 31/7 33/25 34/5 41/12type [1] 20/9types [1] 19/16

Uultimately [1] 18/8unable [1] 28/5unaware [2] 8/15 15/5unclear [1] 16/21under [16] 11/13 11/13 12/9 12/11 13/12 14/6 14/7 23/12 23/17 23/21 26/18 29/4 29/17 34/17 35/15 41/5underlie [1] 39/3underling [1] 17/4understand [9] 6/16 7/5 21/18 21/25 22/9 23/24 24/13 37/22 41/1understanding [7] 13/8 13/13 14/2 27/15 28/23 29/9 39/12undo [1] 36/23unfortunately [1] 20/22unilateral [2] 29/1 35/20UNITED [3] 1/1 1/10 1/22unless [2] 31/8 32/2unnecessarily [1] 39/8unredacted [1] 4/19until [4] 6/14 7/18 8/16 41/7up [6] 3/25 5/5 8/1 18/11 21/9 35/25upon [2] 19/10 22/16urged [1] 27/1us [7] 5/25 28/8 29/20 35/22 37/4 39/2 41/13

VVallente [1] 33/24various [1] 41/10verdict [1] 37/2versus [3] 2/4 20/14 20/18very [5] 8/13 13/16 20/21 26/20 30/9vice [4] 2/24 17/15 21/1 28/2view [1] 20/5violation [2] 36/9 36/11

Wwaive [1] 37/21waived [1] 21/3waiver [2] 21/11 21/12waiving [1] 25/19want [15] 8/12 18/11 23/1 23/15 24/24 25/8 37/18 37/23 38/19 38/19 38/20 39/8 41/7 41/8 41/10wanted [5] 8/19 12/4 24/20 24/21 36/6wanting [1] 39/10wants [1] 23/16was [84] wasn't [8] 7/18 25/5 25/15 30/9 31/10 33/1 33/4 39/25way [5] 12/6 22/15 22/18 28/10 28/21we [57] we'll [1] 12/3we're [5] 6/7 25/6 26/20 41/7 41/19we've [3] 17/7 22/8 37/21weave [1] 3/14weeks [1] 41/12well [18] 2/25 3/16 9/9 9/12 12/3 13/23 14/17 17/11 18/15 19/14 20/3 21/23 22/7 24/24 36/5 37/8 40/2 40/22went [3] 8/1 15/9 29/14were [20] 6/19 8/15 8/18 9/12 10/12 10/21 13/14 13/18 17/23 17/23 18/4

50

Wwere... [9] 29/6 30/2 32/11 36/14 37/11 39/22 40/16 40/17 41/23weren't [1] 31/10Westlaw [1] 20/19what [53] what's [1] 18/14whatever [3] 5/1 20/3 36/21when [16] 3/22 6/19 9/20 9/22 9/23 10/24 11/1 14/21 15/17 23/11 24/5 39/6 39/13 39/22 39/22 41/6where [9] 3/23 7/4 9/6 10/16 14/24 15/2 15/10 19/19 25/5whether [10] 18/19 21/4 21/11 26/7 28/16 28/21 29/3 29/3 33/2 39/17which [16] 3/25 5/10 7/1 11/13 21/20 22/5 23/18 26/16 26/19 28/8 28/23 29/6 31/23 33/17 37/4 40/11while [1] 19/16who [9] 15/17 15/22 16/21 16/22 16/23 23/19 27/9 29/11 29/11who's [2] 2/24 23/20whole [4] 28/8 37/1 37/10 38/19why [24] 6/7 7/25 8/12 17/13 23/18 24/3 24/9 24/10 28/6 28/19 30/2 30/3 30/3 30/23 31/8 31/10 35/18 35/23 37/16 38/1 38/2 38/18 38/21 41/2wild [1] 25/21will [20] 3/19 24/15 27/3 27/4 27/4 30/24 31/13 34/17 34/17 34/19 35/2 35/5 37/20 38/3 38/4 38/4 38/6 39/4 40/20 40/21willful [1] 21/5willfulness [11] 3/5 19/19 19/20 22/7 24/25 26/25 27/5 28/12 35/14 36/25 37/10WILLIAMS [2] 1/10 2/4wish [3] 17/11 37/15 37/15wishes [1] 30/7within [3] 31/22 39/25 41/6without [2] 26/22 30/18Witmer [1] 20/18witness [1] 33/19wolff [3] 1/22 1/24 42/8won't [1] 5/20wonderous [1] 37/6words [1] 11/22working [1] 15/3worth [1] 27/22would [35] 2/6 4/25 5/16 10/9 10/17 12/8 12/10 13/15 15/6 19/7 19/10 19/15 19/25 20/3 21/19 22/2 22/16 22/19 24/23 27/16 29/7 29/9 29/24 30/3 30/3 31/25 32/6 33/10 35/9 36/5 36/10 39/2 39/10 40/11 41/12wrong [2] 2/20 7/25wrote [1] 25/25

YYeah [1] 13/10year [2] 29/10 29/11years [1] 16/17yes [11] 4/2 4/23 6/2 13/3 14/8 15/15 15/16 16/6 30/11 32/23 41/17yet [2] 4/18 19/6you [103] you'll [1] 41/15you're [4] 5/12 21/21 23/12 24/21you've [1] 18/6

your [79] 51

1 in the united states district court for the southern ... · made in the aaron case saying no...

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