clayton deposition

MJ Reporting www.mjreporting.com 847.619.7155

IN THE CIRCUIT COURT OF THE 19TH JUDICIAL DISTRICT

LAKE COUNTY, ILLINOIS

SHAUN FAULEY, SABON, INC., )

SANDY ROTHSCHILD & ASSOCIATES, )

INC., DEBAUN DEVELOPMENT, INC.,)

and CHRISTOPHER LOWE HICKLIN DC)

PLC, Individually and as the )

representatives of a class of )

similarly-situated persons, )

Plaintiffs, )

)

-vs- ) No. 14 CH 1518

)

METROPOLITAN LIFE INSURANCE )

COMPANY, et al., )

Defendants. )

Videotaped discovery deposition of

JUDD CLAYTON, JR. taken before CYNTHIA A. SPLAYT, CSR

and Notary Public, pursuant to the provisions of the

Code of Civil Procedure of the State of Illinois and

the Rules of the Supreme Court thereof, pertaining to

the taking of depositions for the purpose of

discovery, at 3701 Algonquin Road, Suite 320, Rolling

Meadows, Illinois, commencing at the hour of 7:23

p.m. on the 7th day of January, A.D. 2015.


1 APPEARANCES:

2 ANDERSON + WANCA

By: MR. ROSS M. GOOD

3 MR. DAVID M. OPPENHEIM

3701 Algonquin Road, Suite 760

4 Rolling Meadows, IL 60008

(847) 368-1500

5 [email protected]

[email protected]

6

On behalf of the Plaintiffs,

7

8 (VIA TELEPHONE)

SMITH AMUNDSEN, LLC

9 By: MR. WARREN R. WILKOSZ

150 North Michigan Avenue, Suite 3300

10 Chicago, IL 60601

(312) 894-3200

11 [email protected]

12 On behalf of the Defendant.

13

LISKOW & LEWIS, PC

14 By: MR. WADE T. HOWARD

First City Tower

15 1001 Fannin Street, Suite 1800

Houston, TX 77002

16 (713) 651-2900

[email protected]

17

On behalf of the Objector,

18 Judd Clayton, Jr.

19

Also present: Mr. Cary Davidow

20 Enhanced Legal Video

21

22

23

24


1 EXAMINATION INDEX

2

WITNESS PAGE

3

JUDD CLAYTON, JR.

4

Examination by Mr. Good 5

5 100

6 Examination by Mr. Howard 96

7

CLAYTON EXHIBIT INDEX

8

9 MARKED FOR IDENTIFICATION

10 Exhibit No. 1 6

Exhibit No. 2 9

11 Exhibit No. 3 11

Exhibit No. 4 11

12 Exhibit No. 5 11

Exhibit No. 6 11

13 Exhibit No. 7 20

Exhibit No. 8 23

14 Exhibit No. 9 26

Exhibit No. 10 34

15 Exhibit No. 11 37

Exhibit No. 12 62


Exhibit No. 14 79


18 (Exhibits 1-15 are attached.)

19

20 Certified Question 18-20

21 * * * * * * * * * *

22

23

24


4 (Pages 4 to 7)

1 THE VIDEOGRAPHER: Good evening. We are now on

2 the record. This is the videotaped discovery

3 deposition of Judd Clayton, Jr. being taken on

4 January 7th, 2015, and the time is now 7:23

5 a.m. -- correction, 7:23 p.m. as indicated on the

6 video screen. We are located at 3701 West Algonquin

7 Road, Suite 760 (sic), Rolling Meadows, Illinois.

8 This deposition is being taken on behalf of

9 the plaintiff in the matter of Shaun Fauley, et al.

10 versus Metropolitan Life Insurance Company, et al.

11 Case number 14 CH 1518 filed in the Circuit Court of

12 the 19th Judicial District, Lake County, Illinois.

13 My name is Cary Davidow, certified legal

14 videographer, representing Enhanced Legal Video with

15 offices at 8600 Summerset Drive, Belvidere, Illinois.

16 The Court Reporter today is Cynthia Splayt of MJ

17 Reporting with offices at 2390 Esplanade Drive,

18 Suite 200D, Algonquin, Illinois.

19 Counsel, please identify themselves for the

20 video record and the parties which they represent.

21 MR. GOOD: Ross Good and David Oppenheim on

22 behalf of the plaintiffs and the class.

23 MR. HOWARD: Wade Howard representing the

24 objector, Judd Clayton.

Page 5

1 MR. WILKOSZ: Warren Wilkosz representing

2 Metropolitan Life.

3 THE VIDEOGRAPHER: And will the Court Reporter

4 swear in the witness, please.

5 JUDD CLAYTON, JR.,

6 called as a witness herein, having been first duly

7 sworn, was examined upon oral interrogatories and

8 testified as follows:

9 EXAMINATION

10 by Mr. Good:

11 MR. GOOD: Q. Mr. Clayton, my name is Ross Good.

12 As I just said, I represent the plaintiffs and the

13 class in this case, and this deposition is being

14 taken pursuant to the Illinois Supreme Court Rules,

15 the Texas Supreme Court Rules and all applicable

16 local rules. Do you understand that?

17 A. I do now.

18 Q. I'll just remind you, even though I have a

19 feeling you have some experience with these

20 depositions, that you need to keep your answers out

21 loud. Don't shrug your shoulders or nod your head.

22 The Court Reporter can only take down what one person

23 says at a time, so please allow me to finish asking a

24 question before you answer it.

Page 6

1 If you don't understand a question, please

2 let me know. If you answer a question, I will assume

3 that you understood it.

4 If you need to take a break for any reason,

5 please let me know, but if there is a question

6 pending, please answer the question prior to going on

7 break.

8 Do you understand all that?

9 A. Yes, sir, I do.

10 Q. Thank you.

11 Mr. Clayton, what is your home address?

12 A. 1724 Oleander Drive in Dickinson, Texas,

13 77539.

14 Q. And, Mr. Clayton, are you an attorney?

15 A. No, I am not.

16 Q. And have you ever had any legal training?

17 A. No, sir.

18 MR. GOOD: Court Reporter, can we mark this as

19 Deposition Exhibit No. 1.

20 (Clayton Deposition Exhibit

21 No. 1 marked as requested.)

22 MR. GOOD: Q. The Court Reporter has handed you

23 what has been marked as Deposition Exhibit No. 1.

24 Have you seen this document before?

Page 7

1 A. It appears to be substantially similar to a 2 document I have seen -- 3 Q. Okay. 4 A. -- before, and without comparing it to each 5 page, I can't say with 100 percent certainty, but I 6 do recognize the document. 7 Q. Okay. The first three pages of the 8 document are titled Judd Clayton, Jr.'s Objections to 9 Subpoena Duces Tecum. Do you see that?

10 A. Yes, sir, I do. 11 Q. And have you seen those first three pages 12 before? 13 A. I have. 14 Q. Okay. And this document includes specific 15 objections which start at the bottom of page 2, and 16 there are three specific objections. The first 17 relates to all correspondence with any other member 18 in the present case. The second relates to all 19 correspondence with any attorney representing any 20 other class member in the present case, and the third 21 represents copies of all objections filed by 22 Judd Clayton, Jr. in any other class action lawsuit 23 settlement. Do you see those? 24 A. I do.


5 (Pages 8 to 11)

Page 8

1 Q. And have you seen those objections and the

2 responses that your attorney provided prior to this

3 deposition?

4 A. I don't know if I have seen the responses.

5 I've seen these objections.

6 Q. Okay. Can you go over the responses and

7 make sure they are true and accurate?

8 MR. HOWARD: The objections are legal. He's not

9 making objections, so he wouldn't know if they're

10 true and accurate. The witness doesn't make legal

11 objections.

12 MR. GOOD: Okay.

13 MR. HOWARD: So you're asking him if he's a

14 lawyer and he knows that the objections are legal?

15 MR. GOOD: He may know whether or not certain

16 things are true and correct.

17 MR. HOWARD: Other than the legal objections?

18 MR. GOOD: Correct.

19 MR. HOWARD: Okay. You mean like the "none"

20 answer?

21 MR. GOOD: Yes.

22 MR. HOWARD: Okay.

23 THE WITNESS: I have no issue with the three

24 responses if that's --

Page 9

1 MR. GOOD: Q. That is --

2 A. -- responsive to your question.

3 MR. GOOD: That is responsive to my question.

4 Thank you for answering that.

5 Just for the record, could we make this

6 Exhibit 2.



9 MR. GOOD: Q. The Court Reporter has just handed

10 you what's been marked as Exhibit No. 2. This is a

11 three page document entitled Plaintiff's Amended

12 Notice of Taking Videotaped Deposition of

13 Judd Clayton, Jr. filed in the Circuit Court of the

14 19th Judicial Circuit, Lake County, Illinois. Do you

15 see that?

16 A. I do.

17 Q. And have you seen this document before?

18 A. I don't have a recall if I have seen the

19 first page of this document. I have seen another

20 document like this. I don't know that it was an

21 amended notice, but I have seen a notice that

22 requests and has a similar subpoena duces tecum.

23 MR. HOWARD: I don't think he has seen it because

24 I don't think I've ever seen it.

Page 10

1 MR. GOOD: Q. Okay.

2 A. But as far as the rider to amended notice

3 for deposition, which is on the third page of this

4 document identified as Clayton Exhibit No. 2, I have

5 at least seen this page.

6 Q. Okay. And I'll just represent to you that

7 the deposition today is being taken pursuant to both

8 Deposition Exhibit No. 1 and Deposition Exhibit No.

9 2.

10 MR. HOWARD: We disagree with that. It's being

11 taken pursuant to the subpoena and our agreement.

12 I've never even seen this deposition -- amended

13 deposition notice, so I don't believe that it's being

14 taken subject to a notice which you --

15 MR. OPPENHEIM: Well, with all due respect, your

16 co-counsel has seen it and has been served with it,

17 and it references a deposition which the Court said

18 that we can have in a forum that we --

19 MR. HOWARD: I'm just saying we're here -- we're

20 here pursuant to a subpoena, not pursuant to this

21 notice.

22 MR. GOOD: In that case, we appreciate you coming

23 up to Rolling Meadows.

24 MR. HOWARD: Well, yeah. We agreed. I mean, we

Page 11

1 agreed pursuant to the subpoena to present him here. 2 I mean, I don't have a problem with it. 3 MR. GOOD: Okay. 4 MR. HOWARD: The rider is different than the 5 subpoena duces tecum that was served in Texas, and 6 like I said, I've never seen it, so if there is 7 something new on the rider, we didn't make any effort 8 to provide those documents or respond to them. 9 MR. GOOD: Okay. And I'll represent for the

10 record that I'm unaware of any additional requests in 11 the Deposition Exhibit No. 2 from Deposition Exhibit 12 No. 1. I was not trying to show that there was some 13 new document, but let's mark the next three exhibits 14 as the documents that Mr. Clayton provided today, so 15 that's one, two -- actually, it's going to be four 16 documents. 17 (Clayton Deposition Exhibit 18 Nos. 3-6 marked as 19 requested.) 20 MR. GOOD: Q. So the Court Reporter has -- I 21 need to know which one is which. That's what I was 22 going to say on the record. 23 The Court Reporter has marked as Deposition 24 Exhibit No. 3 the class action objector power of


6 (Pages 12 to 15)

Page 12

1 attorney and contingent fee agreement, which is four

2 pages long, dated October 6th, 2014.

3 The Court Reporter has marked as Deposition

4 Exhibit No. 4 the representation related to class

5 action settlement objections from Liskow & Lewis,

6 which is dated December 15th, 2014.

7 The Court Reporter has marked as Deposition

8 Exhibit No. 5 the agreement dated November 26th, 2014

9 with Roach, Johnston & Thut.

10 And the Court Reporter has marked as

11 Deposition Exhibit No. 6 the Verizon statement from

12 August 4th, 2014.

13 I'll represent for the record that one

14 additional document was given to me by Mr. Clayton

15 that I was unable to make copies of and that was a

16 previous phone bill, but since plaintiff's counsel

17 only asked for one phone bill, I only made a copy of

18 this one phone bill.

19 Mr. Clayton, is that a true and correct

20 statement regarding the documents you brought here

21 today?

22 A. The last portion of it was. I thought I

23 heard the prelude to me having presented these

24 documents to you, Deposition Exhibits 3 through 6, as

Page 13

1 indicating I gave you or I provided all these

2 documents to you. The only document that I recall

3 providing to you since I've arrived today is the

4 phone bill, so I'm not certain where these other

5 documents, where these copies came from.

6 MR. HOWARD: I provided them.

7 MR. GOOD: Q. Okay. So, for the record,

8 Deposition Exhibits 3, 4 and 5 were provided by your

9 attorney who is here with you today.

10 A. Okay.

11 MR. HOWARD: That is correct.

12 MR. GOOD: Thank you.

13 THE WITNESS: 6, I did, in fact, present to you.

14 MR. GOOD: Q. Yes. Thank you.

15 Mr. Clayton, directing your attention to

16 Deposition Exhibit No. 3, paragraph 3.2 on the second

17 page of this document discusses the incentive award

18 and states, in part: "You understand any incentive

19 award or payment sought will never exceed $5,000."

20 Do you see that?

21 A. I do.

22 Q. Okay. And to your knowledge, does this

23 mean that regardless of any recovery your attorneys

24 receive in this case, you will receive no more than

Page 14

1 $5,000?

2 A. I'm not certain that that's the

3 interpretation, but as I read it and I read that

4 sentence, that would be my interpretation, although I

5 don't know the legal meaning behind that statement.

6 Q. To your knowledge, is there any agreement

7 in which you can possibly receive more than $5,000 as

8 part of being objector in this case?

9 A. I don't know the answer to that.

10 Q. Directing your attention to the last page

11 of this document, page 4, it says it is signed and

12 accepted on October 6th, 2014. Do you see that?

13 A. Yes.

14 Q. And do you recall reading this document

15 prior to signing it?

16 A. I did.

17 Q. And is that your signature on this

18 document?

19 A. It is.

20 Q. And right next to the name Judd Clayton,

21 did you write in the comma, Junior?

22 A. I did because, in fact, I am.

23 Q. Understood.

24 So whoever drafted this document drafted it

Page 15

1 without knowing that you were Junior, is that 2 correct? 3 A. I don't -- I can't really answer that. I 4 mean, I expect that they would know that I am a 5 Junior, but why someone put Judd Clayton instead of 6 Judd Clayton, Jr., I can't go into their minds to 7 know why they did that, but even on the first page, I 8 took the liberty of correcting that. 9 Q. I see that. Thank you.

10 A. And initialed it. 11 MR. HOWARD: Sorry. I just called you 12 Judd Clayton, also. 13 MR. WILKOSZ: Ross, are these exhibits that you 14 are referring to, are they all what you produced in 15 the e-mail to me earlier today? 16 MR. GOOD: Yes, Warren. I sent them to you as 17 one combined PDF. Not earlier today. Like 20 18 minutes ago today or 30 minutes ago. 19 MR. WILKOSZ: Thank you. 20 MR. GOOD: Yeah. 21 Q. Mr. Clayton, how do you know Mr. Bandas? 22 A. The nature of my business is such that we 23 have crossed paths before -- 24 Q. Have you --


7 (Pages 16 to 19)

Page 16

1 A. -- some years in the past. 2 Q. Have you ever been retained by Mr. Bandas 3 or his law firm? 4 A. I have. 5 Q. And in what types of cases were you 6 retained? 7 A. I was retained as an expert witness in 8 personal injury, a personal injury case, maybe two, 9 over a period of some 20 years.

10 Q. And real quick. Directing your attention 11 to Deposition Exhibit No. 4, have you ever worked 12 with the Law Offices of Liskow & Lewis in the past? 13 A. I do not recall having done so, no. 14 Q. And the attorney representing you here 15 today, Mr. Wade, is -- has he ever represented you in 16 the past? 17 A. No, sir, he has not. 18 Q. And directing your attention to Deposition 19 Exhibit No. 5, have you ever been represented by 20 C. Jeffrey Thut in the past? 21 A. I have not. 22 Q. And you have ever been retained by Roach, 23 Johnston & Thut in the past? 24 A. Not that I recall.

Page 17

1 Q. I'm sorry. Going back two questions. Did

2 you say you have or you have not been?

3 A. I have not.

4 Q. Okay. And to your knowledge, were these

5 two lawyers contracted by Mr. Bandas or yourself?

6 A. It would be my understanding that it would

7 be through Mr. Bandas's firm. I don't know if

8 Mr. Bandas himself did it.

9 Q. Okay. So payments to both of these firms

10 would be from Mr. Bandas, correct?

11 A. That would be my expectation.

12 Q. And are you putting up any money in this

13 matter?

14 A. I am not.

15 Q. Okay. And should there be an appeal bond

16 ordered in this matter, will you be posting that

17 appeal bond?

18 A. I don't know the answer to that.

19 Q. So you will consider posting the appeal

20 bond?

21 A. I'll defer to my attorney to answer that

22 question.

23 Q. So if your attorney advises you to post the

24 appeal bond out of your own money, you would post the

Page 18

1 appeal bond?

2 A. If that's his recommendation.

3 Q. Okay. Directing your attention back to

4 Exhibit 1 on page 3, paragraph 3, it lists: "Copies

5 of all objections filed by Judd Clayton, Jr. in any

6 other class action lawsuit settlement," and the

7 response states: "Objection is made to this request

8 on grounds that it is overbroad, unduly burdensome

9 and not reasonably calculated to lead to the

10 discovery of admissible evidence. Subject to and

11 without waiving these objections, none." Do you see

12 that?

13 A. I do.

14 Q. And is that a true and accurate answer to

15 that request?

16 MR. HOWARD: That's a legal objection, which he's

17 not capable of answering.

18 MR. GOOD: Q. I will strike my question and

19 reask.

20 Is the answer "none" a -- accurate?

21 MR. HOWARD: Also, didn't the court order in this

22 case say that you weren't to go into other

23 objections?

24 MR. GOOD: No.

Page 19

1 MR. HOWARD: Didn't say you were entitled to ask

2 questions related to or seek documents related to

3 rider --

4 MR. GOOD: No.

5 MR. HOWARD: -- questions 1, 2 and 5, and 3 and 4

6 were excluded?

7 MR. OPPENHEIM: It said you didn't have to

8 produce them. Didn't limit in any way our ability to

9 ask any questions; moreover, as you, yourself,

10 pointed out, we are here pursuant to the subpoena.

11 MR. HOWARD: Which we objected to.

12 MR. OPPENHEIM: Not to any -- not to any --

13 MR. GOOD: But you said subject to and without

14 waiving those objections, none.

15 MR. HOWARD: I'm just -- I'm just asking about

16 the court order that the Court in Chicago entered

17 that said you weren't entitled to any documents about

18 those things, which I would think, then, would mean

19 that they were irrelevant, which would mean that you

20 shouldn't really ask about them in the deposition,

21 because if he wasn't going to let you ask for

22 documents about it, then I don't think he would

23 actually ask you -- allow you to ask questions about

24 it.


8 (Pages 20 to 23)

Page 20

1 MR. OPPENHEIM: Your objection is noted. Please,

2 refrain from speaking objections in the future.

3 MR. HOWARD: Okay. Then we just will instruct

4 the witness not to answer, and you can take it up

5 with the Judge and see if he thinks you should ask

6 questions about it in the deposition after he already

7 ordered you that you can't ask for discovery about

8 it. Okay? So we'll do it that way.

9 MR. GOOD: That's fine.

10 MR. OPPENHEIM: We'll certify the question.

11 Leave the deposition open. Next.

12 MR. GOOD: Q. That being said, regardless of

13 what the Court ordered, that is no excuse to be

14 dishonest, and I have to ask --

15 MR. HOWARD: Dishonest?

16 MR. GOOD: Q. -- did you file an objection in

17 the case of Doherty v. Hertz?

18 A. Am I answering that question?

19 MR. HOWARD: Yes, and we can explain that the

20 case was dismissed, so we couldn't actually object to

21 it. So he can't object to a settlement if the case

22 is dismissed.

23 MR. GOOD: Mark this as Deposition Exhibit No. 7.


Page 21


2 MR. HOWARD: So to clarify your statement of

3 dishonest, the answer was not dishonest because there

4 was not actually an objection to a settlement because

5 there was no settlement because the case was

6 dismissed.

7 MR. GOOD: But the objection was filed.

8 MR. HOWARD: There was an objection filed.

9 MR. GOOD: It was document number 113.

10 MR. HOWARD: But we don't have any documents, so

11 the answer is still none. It says do you have any

12 documents. The answer is none. We don't have any

13 documents from the objection because they have all

14 been destroyed because the case was dismissed.

15 MR. GOOD: It's available on PACER.

16 MR. HOWARD: You can go get it.

17 MR. GOOD: I did.

18 MR. HOWARD: There you go. Then you know the

19 case was dismissed.

20 MR. GOOD: Q. Are there any other objections you

21 filed other than the objection that has been handed

22 to you as Deposition Exhibit No. 7 and the objection

23 filed in this matter?

24 MR. HOWARD: And we'll object as irrelevant

Page 22

1 pursuant to the court order, but you can still

2 answer.

3 THE WITNESS: I haven't been handed Deposition

4 Exhibit 7, so I don't know what he's talking about.

5 Time out, Ross. Do you guys have a paper

6 clip or a stapler somewhere in here? This Exhibit

7 No. 1 is coming apart on me.

8 MR. GOOD: You got one?

9 MR. OPPENHEIM: It's a little bent, but that

10 should do the job.

11 MR. GOOD: There you go.

12 THE WITNESS: And my apologies. What's the

13 question pending with regard to Exhibit No. 7?

14 MR. GOOD: Madam Court Reporter, if you could

15 read that back.

16 MR. HOWARD: I think he asked if you'd filed any

17 other objections.

18 MR. GOOD: Yeah, you can read it back.

19 (Whereupon, the Court Reporter read from the

20 record as follows:

21 Q. Are there any other objections you filed

22 other than the objection that has been

23 handed to you as Deposition Exhibit No. 7

24 and the objection filed in this matter?)

Page 23

1 THE WITNESS: This is the only objection I have

2 ever been a participant in with regard to a class

3 action litigated matter. Is that responsive to your

4 question?

5 MR. GOOD: Q. Yes. Thank you.

6 And to be clear, the document number at the

7 top is document number 113, is that correct?

8 A. Where are you looking?

9 Q. Right up at the top.

10 A. Yes. Top center of the page, there's a

11 reference to document 113.

12 Q. And the file date is September 24th, 2013,

13 is that correct?

14 A. Correct.

15 MR. GOOD: Let's mark as Deposition Exhibit 8.




19 you what's been marked as Deposition Exhibit No. 8.

20 This is the memorandum of opinion and order in the

21 case of Doherty v. Hertz, document number 125, filed

22 June 25th, 2014, is that correct?

23 A. That's what it states, yes.

24 Q. Okay. Have you ever seen this document


9 (Pages 24 to 27)

Page 24

1 before?

2 A. I don't recall.

3 Q. Directing your attention to -- did I not

4 give you a copy?

5 MR. HOWARD: No, I don't have a copy.

6 MR. GOOD: I'm sorry. This is your copy. I

7 wrote the number 8 on it by mistake.

8 Q. Directing your attention to page 14 of 20,

9 there are five bullet points. Let me know when you

10 get there.

11 A. I am there.

12 Q. Okay. Directing your attention to the

13 third bullet point on the page, it reads: "The

14 overwhelmingly positive reaction of the class

15 similarly weighed in favor of approval of the

16 settlement given that only 51 of the potential 1.6

17 million class members opted out of the proposed

18 settlement and that there were only two objections

19 [Doc Nos. 101, 113] made to this proposed settlement,

20 one of which [Doc. No. 101] was ultimately withdrawn,

21 (see Notice of Withdrawal of All Objections [Doc. No.

22 118]), and the second of which [Doc. No. 113] the

23 Court found to be factually and legally

24 insufficient." Directing your attention back to

Page 25

1 Deposition Exhibit No. 7, that is your objection is 2 Doc. 113, correct? 3 A. I don't know if we're talking about the 4 same case. 5 Q. Can you -- 6 A. Deposition Exhibit -- 7 Q. -- confirm -- 8 A. Deposition Exhibit No. 7 is, in fact, 9 entitled document 113, but I'm not --

10 Q. And the case numbers match? 11 A. Where is the case number? 12 Q. To the left of the document number. 13 A. Okay. And where is the reference to that 14 case number in that bullet that you just read? 15 Q. At the top of the page on the bullet I just 16 read. 17 A. Oh, okay. Those numbers are the same. 18 Q. Okay. So the case number is the same, and 19 the document number for your objection is document 20 113 which is cited in the bullet I just read from 21 Deposition Exhibit No. 8, is that correct? 22 A. If that was the intention of that entry, 23 then yes, if they are referring specifically to that. 24 Q. Okay. Assume for a moment that they are,

Page 26

1 do you have any idea why the Court found your

2 objection to be factually and legally insufficient?

3 A. I'm clueless.

4 Q. Okay. I'll represent -- well, strike that.

5 At the end of that bullet, it says -- it

6 cites to footnote number 7 which states: "See

7 transcript at 49:20-22." Do you see that?

8 A. I don't -- oh, okay. The footnote.

9 Q. Correct, the footnote.

10 A. See transcript at 49:20 -- I do see that,

11 yes.

12 MR. GOOD: Okay. Thank you.

13 Mark this as Deposition Exhibit 9.





18 This is the transcript from the fairness hearing

19 filed on November 1st, 2013, document number 122 from

20 the same case, Doherty v. Hertz. Do you see that?

21 A. Where are you looking?

22 Q. At the top of the first page, top half.

23 A. On Exhibit No. 9?

24 Q. Correct.

Page 27

1 A. Yes, I do.

2 Q. Directing your attention to --

3 A. Page 49, lines 20 and 22?

4 Q. No. We're actually going to start -- I

5 apologize for that. Direct you to page 45.

6 A. Okay.

7 Q. I'm going to read starting at line 5:

8 "Mr. Clayton submitted a declaration -- excuse me --

9 his objection with the wrong claim form. He used a

10 gentleman named Mr. Schultz. Mr. Schultz, from what

11 we investigate, has objected to settlements before,

12 what I will call, as you said, a professional

13 plaintiff, I will call a professional objector, with

14 ties to a gentleman named Christopher Bandes." This

15 is misspelled B-a-n-d-e-s rather that B-a-n-d-a-s,

16 which is how Mr. Bandas spells his name. "But in our

17 settlement approval papers, we asked the Court, as

18 part of the objection, to list your prior

19 objections." Do you see that?

20 A. I saw what you read, yes.

21 Q. And do you know who Mr. Schultz is?

22 A. I do.

23 Q. And who is Mr. Schultz?

24 A. Mr. Schultz is an origin and cause


10 (Pages 28 to 31)

Page 28

1 investigator. 2 Q. Does he work for you? 3 A. No, he does not. 4 Q. Do you work with him -- strike that. 5 Have you ever worked with him in the past? 6 A. I have worked on cases wherein he has 7 worked, yes. 8 Q. And were those cases ever involving 9 Mr. Bandas?

10 A. There may have been one or two cases. Once 11 again, the ones I referred to that were -- span back 12 probably a 20 year period. 13 Q. Okay. I'll keep reading. "And we humbly 14 suggest to the Court -- and yes, it is 15 speculative -- that Mr. Schultz is behind this 16 objection, along with Chris Bandas, and using 17 Mr. Clayton as a shill. If you look at his 18 objection, you'll note that he goes by "Junior," in 19 quotes, but "Junior" was left out and he handwrote it 20 in. That indicates to me that someone else, other 21 than his office that he works in every day, knows 22 that he uses "Junior"." And directing your attention 23 back to Deposition Exhibit No. 7, was it you that 24 wrote in the word "Junior" on page 1 of Deposition

Page 29

1 Exhibit No. 7? 2 A. It was. 3 Q. And was it you that wrote in "Junior" on 4 page 2 of Deposition Exhibit No. 7? 5 A. It was. 6 Q. And is that your signature on page 2 of 7 Deposition Exhibit No. 7? 8 A. It is. 9 Q. And did you also write in "Junior" on your

10 retainer agreement with Mr. Bandas, which is 11 Deposition Exhibit No. 3? 12 A. I did on page 1. 13 MR. HOWARD: I apologize. I didn't put the 14 "Junior" on our agreement either. 15 MR. GOOD: Q. Did Mr. Bandas write Deposition 16 Exhibit No. 7? 17 A. I don't have a clue. 18 Q. Did you write Deposition Exhibit No. 7? 19 A. Deposition Exhibit No. 7? 20 MR. HOWARD: Which one are you looking at? 21 MR. GOOD: Q. That's your objection in the 22 Doherty case. 23 A. I did not write it, no. 24 Q. Did any attorney write it?

Page 30

1 A. I don't have a clue.

2 Q. Are you --

3 MR. HOWARD: Are you asking about the objection

4 that was actually filed in the case?

5 MR. GOOD: Correct.

6 MR. HOWARD: Of course the lawyer wrote it. Only

7 a lawyer can file a legal pleading.

8 MR. GOOD: That is incorrect, sir.

9 MR. HOWARD: Well, I guess he can be representing

10 himself pro se.

11 MR. OPPENHEIM: Well, if we wanted to take your

12 deposition, sir, we would issue the notice.

13 MR. HOWARD: I mean, are we really asking if

14 someone wrote "Junior" next to his name?

15 MR. GOOD: We are establishing that a fraudulent

16 objection was filed.

17 MR. HOWARD: And how is it fraudulent because the

18 lawyer who filed it on his behalf didn't know his

19 name was Junior just like I didn't know his name was

20 Junior?

21 MR. GOOD: I'll explain that, I assure you.


23 MR. GOOD: Q. Directing your attention to page 4

24 of Deposition Exhibit No. 7, this is a screen grab of

Page 31

1 a FedEx envelope from your home to the Clerk of

2 Courts Office for the U.S. District Court of

3 New Jersey, is that correct?

4 A. Actually, it's from my office.

5 Q. Oh.

6 A. But other than that, it appears to be

7 correct.

8 Q. And did you mail this document?

9 A. Did I mail it?

10 Q. Yeah. Did you send it via FedEx?

11 A. Oh, I don't --

12 MR. HOWARD: Which document are we talking about?

13 MR. GOOD: Q. Deposition Exhibit No. 7.

14 A. I doubt that I did. I mean, I'm looking to

15 see who it was paid to. I don't typically submit our

16 mail or our FedEx's from my office.

17 Q. Okay. And directing your attention to page

18 3 of Deposition Exhibit No. 7, have you ever been to

19 the website --

20 A. You know, Ross, forgive me. I'm not quite

21 as quick as you are.

22 Q. Okay.

23 A. Okay. I'm still adjusting to the minus 2

24 degree temperature up here.


11 (Pages 32 to 35)

Page 32

1 MR. OPPENHEIM: It is cold.

2 THE WITNESS: Okay. I'm on page 3 of Depo

3 Exhibit No. 7 did you say?

4 MR. GOOD: Q. Yes. And this is a printout. At

5 the top, it says Hertz PlatePass Settlement Website.

6 MR. HOWARD: Do I have No. 7?

7 MR. GOOD: It's the objection from Doherty v.

8 Hertz.

9 MR. HOWARD: Okay. Mine is No. 8.

10 MR. GOOD: No. That's not the objection. The

11 objection is only four pages. No. Keep going. It's

12 the next one. No. Hold on one second.

13 THE WITNESS: I don't recall one having been

14 handed to you. I had to get my copy from the

15 Court Reporter.

16 MR. HOWARD: Yeah, I don't remember getting that

17 Exhibit 7.

18 MR. GOOD: I'm going to give you mine. You can

19 have mine.

20 Q. So you're now on page 3, is that correct?

21 A. I am, yes.

22 Q. Do you recall ever visiting this website?

23 A. I have -- I don't have a recollection one

24 way or the other.

Page 33

1 Q. Can you read the confirmation number? It's

2 the second to last line.

3 A. 64060897.

4 MR. HOWARD: I'm going to have to object as to

5 relevance. I'm not sure why we're talking about

6 another case.

7 MR. GOOD: I think all fraudulent objections are

8 relevant.

9 MR. HOWARD: I'm going to have to object to the

10 argumentative term of "fraudulent objection."

11 MR. GOOD: That's what the Court called it.

12 MR. HOWARD: Then you can reference that as the

13 so-called Court's finding.

14 MR. GOOD: Okay.

15 MR. HOWARD: I still don't know why you asked

16 about this objection, but --

17 THE WITNESS: Now, we're talking about two

18 different objections.

19 MR. GOOD: Actually, I should correct what I

20 said. The Court found it to be factually and legally

21 insufficient.

22 MR. HOWARD: Yes, so I would --

23 MR. GOOD: Deposition Exhibit No. 8. I apologize

24 for misstating that.

Page 34

1 MR. HOWARD: -- caution the use of the term

2 "fraudulent."

3 MR. GOOD: Q. Directing your attention back to

4 Deposition Exhibit No. 9 at the bottom. It states

5 starting at line 20: "He submitted Mr. Schultz's --

6 A. What page, Ross? I'm sorry.

7 Q. 45.

8 A. Okay.

9 Q. Starting at line 20, it states: "He

10 submitted Mr. Schultz's claim form because, remember,

11 I told you, everybody has a unique identifier. And

12 he did not use the Clayton unique identifier claim

13 form. I have for the Court a declaration from

14 Jeffrey Dahl, the claims administrator, that we're

15 prepared to file today, Your Honor, that

16 substantiates what I just said as far as -- and I

17 would be happy to approach the bench and show you

18 Mr. Dahl's," and then it trails off.

19 MR. GOOD: What number are we up to?

20 THE COURT REPORTER: 10.

21 MR. GOOD: Can you mark that.


23 No. 10 marked as

24 requested.)

Page 35



3 This is the affidavit of Jeffrey Dahl, document

4 number 119 in the case of Doherty v. Hertz. Do you

5 see that?

6 A. I do.

7 Q. Directing your attention to the second

8 page, paragraph 8 reads: "The claim-submission

9 confirmation form appended to Mr. Clayton's objection

10 is not his own. Rather, Dahl's records show that it

11 is a claim-submission confirmation form we issued to

12 Mr. Michael Schulz, a different class member."

13 Paragraph 9 reads: "I do not know how Mr. Clayton

14 obtained Mr. Schulz's claim-submission confirmation

15 form. Dahl did not issue that form to Mr. Clayton."

16 Do you see that?

17 A. I do.

18 Q. Can you explain how your information was

19 filled out on Mr. Schulz's claim form?

20 A. I cannot.

21 Q. And you can't explain how an objection was

22 filed in your name in this matter?

23 A. I'm not sure that that question is clear to

24 me. I know that any claim that was filed by me would


12 (Pages 36 to 39)

Page 36

1 have been filed by Bandas's law firm. I can explain

2 that.

3 Q. Okay. So you're saying this would have

4 been done by Mr. Bandas's law firm?

5 A. I mean, I filed a claim, but Bandas would

6 have done whatever paperwork was associated with the

7 claim.

8 Q. Okay. So any mistake being made, by which

9 I mean filing a claim form with a number that was not

10 assigned to you, would have been done by Mr. Bandas's

11 firm rather than yourself personally, correct?

12 A. That would only be a presumption.

13 Q. Okay. But you're certain that you did not

14 file a claim under somebody else's name, correct?

15 A. I'm certain that I did not, yes.

16 Q. Okay. Thank you.

17 Directing your attention back to Deposition

18 Exhibit No. 9. This time to page 49.

19 A. I'm there.

20 Q. I'll read rows 20 to 22, which were cited

21 in the footnote discussed earlier: "Mr. Clayton's

22 objections are, I believe, both factually and legally

23 insufficient in light of all other evidence which

24 strongly supports this settlement." Are you aware of

Page 37

1 whether or not Mr. Bandas has filed objections in any

2 case other than Doherty v. Hertz and this case,

3 Fauley v. Met Life?

4 A. I am not.

5 Q. Why did you contact Mr. Bandas?

6 A. I was aware that he is a lawyer that will

7 handle class action matters or objections to class

8 action suits.

9 Q. And how did you become aware of that?

10 A. I have worked with his firm in the past,

11 and during the course of a visit to his office, I

12 became aware of that.

13 Q. To your knowledge, has Mr. Bandas ever

14 represented a plaintiff or defendant in a class

15 action matter?

16 A. I do not know.

17 MR. GOOD: Let's mark this as the next exhibit.


19 No. 11 marked as

20 requested.)



23 This is In Re: Cathode Ray Tube (CRT) Antitrust

24 Litigation, 281 F.R.D. 531, 2012. Do you see that?

Page 38

1 A. Trying to keep up with you. You jump from

2 the middle of the page -- okay. You read everything

3 across the top of the page.

4 Q. Correct.

5 A. Yes, I'm with you.

6 Q. Are you aware of whether or not Mr. Bandas

7 filed an objection in this matter?

8 A. I have no idea.

9 Q. Directing your attention to page 2, second

10 half of the page, the paragraph starting with the

11 word "Hull's papers."

12 A. I'm with you.

13 Q. The document reads: "Hull's papers do not

14 list counsel, but IP plaintiffs show that Hull

15 previously objected to another class settlement in

16 which he was assisted by Attorney Christopher Bandas,

17 a professional or serial objector located in Corpus

18 Christi, Texas. In fact, Hull's objection in this

19 case was postmarked in Corpus Christi, Texas even

20 though Hull lives and works in Denver, Colorado.

21 Bandas routinely represents objectors purporting to

22 challenge class action settlements, and does not do

23 so to effectuate changes to settlements, but does so

24 for his own personal financial gain"; and it cites

Page 39

1 footnote 3. "He has been excoriated by Courts for 2 this conduct. (See docket number 1089-1 appendix A 3 thereto listing Courts comments regarding Bandas's 4 conduct)." Cites to footnote number 4. "In light of 5 these facts and questions about the bona fides of 6 Hull's objections, IP plaintiffs justifiable served 7 the discovery on Hull in order to explore not only 8 the bases for Hull's objections but to explore his 9 relationship with Bandas and his practices with

10 regard to asserting settlement objections." Do you 11 see that? 12 A. I saw what you read, yes. 13 Q. Okay. And are you aware of what a 14 professional or serial objector is? 15 A. I'm clueless. 16 Q. Are the actions described here where 17 Mr. Bandas filed an objection on behalf of another 18 without asserting that he was the lawyer who actually 19 wrote the objections similar to what happened in the 20 Doherty v. Hertz case? 21 A. I don't have any idea. 22 Q. But you didn't write the objection in the 23 Doherty v. Hertz case, correct? 24 A. I did not.


13 (Pages 40 to 43)

Page 40

1 Q. You just signed it? 2 A. I did. 3 Q. Who gave it to you to sign? 4 A. It came from a law firm. 5 Q. The Law Firm of Christopher Bandas? 6 A. Yes. 7 Q. Thank you. 8 Directing your attention to the last page of 9 Deposition Exhibit No. 11. Footnote 3 reads:

10 "Professional objectors can levy what is effectively 11 a tax on class action settlements, a tax that has no 12 benefit to anyone other than to the objectors. 13 Literally nothing is gained from the cost: 14 Settlements are not restructured and the class, on 15 whose benefit the appeal is purportedly raised, gains 16 nothing." Do you see that? 17 A. I do. 18 Q. And other than enriching yourself and your 19 attorneys, what is the purpose of your objection in 20 this matter? 21 A. It's to create an environment where the 22 entire class gets a reasonable and equitable 23 settlement. 24 Q. And how much money are class members

Page 41

1 currently getting on average?

2 A. That's difficult to ascertain because you

3 have the persons that are delegated or assigned to be

4 representatives of the class who are getting 15,000 a

5 piece. There are others that are for some reason

6 getting $250 times as many as, what, 10 claims if

7 they have a fax to show for each of those for at

8 least 10 of those occasions. You have another

9 portion of the class that is to receive I think $100

10 times 10 fax that show up on record somewhere if they

11 don't have copies, and then I think there's $50 worth

12 of change to be thrown to those that would just

13 attest to under oath if they had received such faxes

14 but doesn't show up in the form of a fax or a record

15 that a fax was sent to them.

16 Q. And how much money do you believe those

17 categories of class members should receive?

18 A. I don't know. I think that, first of all,

19 a firm grip needs to be obtained on the amount of

20 money that's really put into a settlement fund. I

21 mean, the $23 million that has been purported to be

22 set aside for settlement funds does not appear to me

23 to be a realistic sum. I mean, the numbers should be

24 attainable now since as of November 16th or

Page 42

1 thereabouts 2014, all claims should have been made, 2 and I think an accurate accounting of such would be 3 available. 4 And from that, I think there should be a 5 distribution on a pro rata basis to the members of 6 the class and, of course, the lawyers representing 7 the members of the class. I think that they are due 8 their -- at least an hourly fee for what has been put 9 in time-wise and some type of risk premium on top of

10 that. 11 Other than that, I think that the class 12 would be getting its due if the balance beyond what I 13 have described as what I deem to be a reasonable fee 14 for the lawyers be distributed equitably. I don't 15 think that there should be any delineation or 16 segregation of the claims for someone that may have 17 an aged fax, have some reason to keep an aged fax 18 indicating that they had received some unsolicited 19 advertisement from Met Life, but, rather, if there is 20 a record of such in Met Life's own records, then that 21 should stand alone, so there shouldn't be $250 for 22 one group, $100 for another. 23 Now, with regard to the $50 for those 24 persons that don't have, say, a copy of a fax or

Page 43

1 there is no record showing that a fax was sent to

2 them, I'm somewhat up in the air on that, but as for

3 the others, I think that the amount, the actual

4 amount beyond what the due is to the lawyers be

5 distributed equitably to ever how many class members

6 there are that submit claims.

7 Q. Okay. I'll represent to you that the

8 settlement agreement provides for plaintiffs'

9 attorneys getting paid one-third, and as you

10 mentioned, the class representatives would each be

11 getting paid $15,000, and after the fees and expenses

12 in this case, the portion of individuals receiving

13 the level 2 claims, which were the $100 each that you

14 described, will be getting a slight pro rata

15 deduction in light of the fact that more than 49,000

16 claimants have filed claims in this case. Each of

17 the claimants will be receiving on average

18 approximately $300. The entire settlement fund will

19 be used contrary to your assertion without any basis

20 that it's not realistic. Knowing what I've asserted

21 for you, would you like to revise what you believe

22 needs to be done in this matter?

23 A. No, sir. I think what needs to be done in

24 this matter is if, in fact, there are some accurate


14 (Pages 44 to 47)

Page 44

1 records which reflect your narrative, that they be

2 made available to the class, the entire class, for

3 the class to evaluate the same and establish whether

4 or not the amounts to be distributed are, in fact,

5 equitable, and I think that the class needs to

6 revisit the contingency fee of 30 percent on a figure

7 that may or may not be accurate, that is, the 23

8 million, that there ought to be a pro rata

9 distribution. Perhaps the lodestar method is a good

10 way to go about doing that with regard to the

11 attorneys' fees.

12 Q. Can I ask what is the lodestar method?

13 A. My understanding is that it is an equitable

14 reward, if you will, that would be allotted to the

15 class lawyers based on an hourly fee and some premium

16 for the risk that was taken, be that a 50 percent

17 premium on top of that or 100 percent premium on top

18 of that.

19 Q. And to your point earlier that the record

20 should be made available to the class, are you

21 referring to the phone records that are the basis for

22 the class's membership made available to the class?

23 A. I'm sorry, Ross. What I was referring to

24 is you were spouting some numbers with 49,000 claims

Page 45

1 and average distribution of 300, $500, whatever you

2 said, whatever records that's based on should be

3 provided to members of the class so they can evaluate

4 and confirm that such is the case.

5 Q. So the contact information for each class

6 member should be made available to the entire class?

7 A. No, sir.

8 Q. Well, then, what should be made available

9 to the entire class?

10 A. The data that you were referring to when

11 you were giving me facts and figures earlier. I

12 can't state all of that data, but just the data that

13 indicates there are so many claimants, so many in,

14 for example, the first class that would be

15 distributed $250 for each of these faxes they can

16 provide; for the second class, which is 100; the

17 third class, which is 50. I think that there ought

18 to be additional thinking given to why are we

19 segregating the fax copy people from those that whose

20 records indicate that they received a fax or at least

21 a fax was sent to them.

22 Q. The good news, sir, is I have a very simple

23 answer for that.

24 A. Okay.

Page 46

1 Q. I'm not sure if you are aware of the 2 company called Comcast Communications. 3 A. I am. 4 Q. They are incompetent. I will represent 5 that to you, and their incompetence is one of the 6 main reasons for that. Comcast does not have records 7 that go back the entire duration of the class. They 8 have testified to that in the form of an affidavit; 9 therefore, all of the records are not available

10 despite the fact that the class period extends beyond 11 how far the records go back to, so we do not have 12 records showing call detail records for all of the 13 class period, which is why we asked people who 14 submitted claims that if they had additional faxes 15 that predate the call detail records that we have, 16 that they have the ability to submit them. 17 A. Is there a question pending? 18 Q. Well, do you understand that -- now the 19 difference between the level 1 and the level 2 20 claimants based on that? 21 A. I understand that there is a difference. I 22 still don't understand why there is a difference. 23 Q. Well, sir, the class period covers farther 24 back from the call detail records. How do you expect

Page 47

1 to pay claimants during that period when nothing else

2 is available?

3 A. Well, choose another method. I mean, why

4 does somebody have to -- if the records don't go back

5 any further, then someone that is in the $100

6 bracket, how are they supposed to be compensated?

7 Why would they be compensated any different than

8 somebody that shows you a fax that happened to have

9 kept a fax or was provided a fax for the purpose of

10 attaining that $250 for each of those?

11 MR. HOWARD: I'm going to have to object to that.

12 I think we're talking about two different things.

13 MR. GOOD: Q. So to your knowledge, is it -- are

14 class members only eligible for one of the three

15 categories?

16 A. That's my appreciation or my

17 interpretation, yes.

18 Q. Okay. That is the issue. Class members

19 can be both part of level 1 and receive $250 per fax

20 image they submit and part of level 2 and receive up

21 to $100 per fax that they're in the call detail

22 records for up to ten of each, so does that address

23 your concern in that area?

24 A. I don't know without further evaluation. I


15 (Pages 48 to 51)

Page 48

1 mean, I hear what you are saying, and, frankly, I'd

2 have to give that some thought, but, regardless, I as

3 a class member would need to see that information

4 that is available because without that information,

5 I'm really wondering now how we came up -- or how we.

6 How the class attorneys or how the defendant came up

7 with a $23 million figure off of which your

8 commission is -- or your contingency fee is based.

9 Q. Okay. And I'll represent to you that an

10 affidavit will be filed that lays out exactly how

11 many class members there are in each of those

12 categories and how much they will receive shortly,

13 which will address that. I'll also represent that

14 it's not really possible to provide ongoing updated

15 numbers for each of those categories as the class

16 period was open.

17 Did you ever contact the class administrator

18 to ask any of the questions relating to the concerns

19 you've posed today?

20 A. I haven't had any communication with them,

21 no.

22 Q. And have you ever been to the class

23 administration website?

24 A. I can't say that I have, no.

Page 49

1 Q. And do you know if the class administrator

2 provides a phone number to contact them with with any

3 questions?

4 A. I seem to recall that there is a number if

5 you have questions.

6 Q. Do you recall submitting a claim in this

7 case?

8 A. I do.

9 Q. And did you use the website to submit your

10 claim?

11 A. I did not. I filled out a form.

12 Q. Did you submit it via mail, fax or what?

13 A. I don't know. I could perhaps look at a

14 copy of the form I submitted and see how it

15 was -- actually got into the hands of the law firm.

16 Q. Okay. But you filled out a paper form, is

17 that correct?

18 A. I did. I didn't actually go to a website

19 to fill out the form.

20 Q. Would that be the paper copy that you

21 received via facsimile?

22 A. If that's how I received it, but it's a

23 paper form.

24 Q. Do you have the class notice with you

Page 50

1 today? 2 A. Class notice? 3 Q. The class notice that you were sent via 4 facsimile with you today. 5 A. Well, you keep saying I was sent via 6 facsimile, and I keep saying I don't know. Oh -- 7 Q. I'll represent that they were only sent via 8 fax and published in the USA Today, so it had to be 9 one or the other.

10 A. Well, first of all, I'm not certain if 11 we're communicating. I'm sure it's my fault. Are 12 you referring to this document here? 13 Q. Correct. 14 A. That's entitled proof of claim. I see no 15 reference to any fax numbers where it was sent via 16 fax. 17 Q. Correct. 18 A. So I don't have a recall. 19 Q. The fax number is listed right here. It 20 lists fax number, is that 261-337-1167? Is that your 21 number or is that 281? 22 A. That is my fax number, yes. 23 Q. Can you read it into the record? 24 A. What do you want me to read?

Page 51

1 Q. Your fax number. 2 A. 281-337-1167. 3 Q. Okay. And do you have the rest of the 4 document that was sent to you? 5 A. I have other documentation. I don't 6 know -- when you say "the rest of the document," I'm 7 not certain that I have everything stapled or 8 attached together that I received at the time I 9 received this particular document.

10 Q. Okay. We're not going to attach it. I'll 11 just represent to you that the class notice did 12 provide a phone number to contact the class 13 administrator if you had any questions. 14 A. Okay. I take it that's just a comment. 15 There's not a question on the table. 16 Q. Well, did you ever see that document that 17 was the complete multiple page class notice? 18 A. I don't know if I have seen every page to 19 whatever document you are referring to. I have seen 20 multiple page documents. 21 Q. Okay. Are you aware of what the Telephone 22 Consumer Protection Act is? 23 A. Not specifically, no. I saw a reference to 24 it.


16 (Pages 52 to 55)

Page 52

1 Q. Are you aware of who Scott Storick is? 2 A. What's the name, sir? 3 Q. Scott Storick, S-t-o-r-i-c-k, is his last 4 name. 5 A. Other than possibly he's one of the 6 plaintiffs representing the class. 7 Q. Did you do any research in the underlying 8 case? 9 A. I did not other than what I was provided

10 and some of the documents that we've already referred 11 to in previous exhibits. 12 Q. And are you -- strike that. 13 Who provided you the documents that you are 14 referring to? 15 A. All documents I received in connection with 16 this case came from Chris Bandas's office. 17 Q. Okay. Directing your attention back to 18 Deposition Exhibit No. 11 on page 4, footnote 4, the 19 footnote reads: "For example, in Brown v. Wal-Mart 20 Stores, Inc., the Court stated that Bandas is a 21 professional objector who is improperly attempting to 22 hijack the settlement of this case from deserving 23 class members and dedicated, hard-working counsel, 24 solely to coerce ill-gotten, inappropriate and

Page 53

1 unspecified legal fees. Bandas's and his clients' 2 attempt to inject themselves at the last minute into 3 this eight year litigation constitutes an effort to 4 extort money from the class and/or class counsel." 5 Do you see that? 6 A. I saw what you read, yes. 7 Q. Do you know how many years this litigation 8 has been pending? 9 A. I do not.

10 Q. Do you believe that Mr. Bandas is 11 attempting to extort money from the class and/or 12 class counsel? 13 A. I don't know what his objectives are. I've 14 simply asked him to represent my concerns as an 15 objector. 16 Q. And would it concern you if Mr. -- strike 17 that. 18 Would it concern you if Mr. Bandas were to 19 receive a sum of money in order to go away and do 20 nothing to benefit the class? 21 A. I haven't thought about that. It certainly 22 wouldn't concern me as much as the class attorneys 23 receiving 30 percent of the contingency fee on an 24 amount that has not been substantiated, at least in

Page 54

1 my eyes. I certainly think that Mr. Bandas ought to

2 be compensated for his efforts, and I think that

3 compensation could be just as fair as I think the

4 compensation -- or the amount of monies that would be

5 received by the plaintiff attorneys in this case.

6 Q. And so do you believe it's possible that

7 you could be convinced that the one-third award of

8 attorneys' fees is appropriate if you had additional

9 documents?

10 A. I would have to evaluate those documents to

11 see.

12 Q. What documents --

13 A. And I think that if, for example -- and I

14 apologize.

15 Q. Keep going.

16 A. -- the lawyers representing the class are

17 getting more than the class members themselves, that

18 that would be inappropriate.

19 Q. Okay.

20 A. I think that if the lawyers representing

21 the class are getting any more than their hourly fee

22 plus whatever a judge deems is reasonable for a

23 premium given the risk involved, I would be

24 concerned, but I think if a fair assessment is made

Page 55

1 with some accountable numbers, that an hourly fee and

2 a set premium on top of that is fine.

3 Q. So if the judge were to review the

4 documents you've just described and find that the fee

5 was appropriate, you would have no disagreement with

6 that?

7 A. I would continue to object unless what I

8 have already testified to was -- you know, unless the

9 agreement was amended to reflect what I have just

10 testified to.

11 Q. Well, I've already represented to you and

12 stated that an affidavit will be filed that explains

13 the amount of money received by the class members and

14 that amount of money is greater than the amount of

15 money received by the attorneys, which I believe was

16 what you've just said was your issue with the

17 attorneys' fees. Am I incorrect?

18 A. I don't know. I mean, I haven't seen this

19 affidavit, and if you are to provide all this

20 information so that it can be reviewed and evaluated

21 and things are fair and equitable and you as the

22 class attorneys are receiving what your hourly fee

23 and expenses would sum up to and an appropriate

24 premium, then I'm good with that. If you don't, you


17 (Pages 56 to 59)

Page 56

1 receive more than that, I'm not good with that. 2 Q. And if -- 3 A. If the persons who have been listed as 4 plaintiffs representing the class are getting more 5 money than the rest of the class, I would object to 6 that. I mean, you're talking about creating a bias 7 environment in my view for these people who have no 8 reason, then, to do anything other than agree to the 9 settlement because they are essentially getting

10 substantially more than the rest of the class. 11 Probably for a lot less effort than what I'm doing 12 here. 13 Q. Do you have any idea what work the class 14 representatives have done in this case? 15 A. I haven't seen any work that they've done. 16 Q. So are you aware generally, not just 17 speaking of this case, what is required of a class 18 representative? 19 A. I have a perception that what was required 20 of them is far less than what has been required of me 21 thus far other than agreeing to whatever terms the 22 plaintiff attorneys have set forth for them and go 23 along for the ride. 24 Q. Do you know if class representatives were

Page 57

1 required to answer written discovery?

2 A. I expected that would be the case. That's

3 kind of normal procedures for litigation.

4 Q. Are you aware of whether or not class

5 representatives are deposed?

6 MR. HOWARD: In this case or in general?

7 MR. GOOD: Q. In general.

8 A. Generally, there are depositions. I

9 haven't seen any production documents. I haven't

10 seen any discovery documents. I haven't seen any

11 depositions.

12 Q. Are you aware that presence at trial,

13 mediation, settlement negotiations and other

14 important events throughout the case is routinely

15 required of class representatives?

16 MR. HOWARD: Are you talking about this case or

17 in general?

18 MR. GOOD: No. I said generally, in general. I

19 am asking his general knowledge about class actions.

20 MR. HOWARD: So are you saying generally class

21 actions go to trial?

22 MR. GOOD: Ours do.

23 MR. HOWARD: I think like 3 percent of cases in

24 general and civil litigation going to trial, so I

Page 58

1 seriously doubt that the vast majority of cases --

2 MR. OPPENHEIM: If there is a trial, then they

3 have to be there.

4 MR. HOWARD: Oh, if there is a trial.

5 MR. OPPENHEIM: Yes.

6 MR. HOWARD: Plaintiffs never have to be there

7 regardless of whether it's a class action or any

8 other trial, so I don't know how you can say that, so

9 if you want to show me a rule that requires a

10 plaintiff to be at a trial?

11 MR. GOOD: They also -- they have to take the

12 witness stand.

13 MR. HOWARD: Well, if they're called as a

14 witness, they have to be there, but plaintiff doesn't

15 have to take the witness stand unless they're called.

16 MR. OPPENHEIM: You don't want your client

17 sitting next to you at the table?

18 MR. HOWARD: They're not required to be there.

19 I've had plenty of trials where my client is not

20 sitting at the trial.

21 MR. GOOD: Okay. Do you want me to rephrase the

22 question to say that they could be called as a

23 witness at a trial?

24 MR. HOWARD: Absolutely. That's a valid

Page 59

1 question. 2 MR. GOOD: Q. Okay. Are you aware that class 3 representatives can be called as witnesses at trial? 4 A. I expect that any person that is a party to 5 a suit can be called -- 6 Q. Okay. Are you -- 7 A. -- as a witness to a trial. 8 Q. Are you aware that a court-ordered 9 mediation class representatives can be ordered to

10 attend? 11 A. I expect that class members could be 12 ordered to attend. 13 Q. Are you aware of whether class 14 representatives in this matter were ordered to attend 15 any mediations? 16 A. I am not aware. I have seen no such 17 documentation. 18 Q. And is that because you haven't looked? 19 A. That's because I haven't been provided that 20 information. 21 Q. Did you ever ask? 22 A. I don't recall having asked for the 23 discovery documents other than what was sent to me, 24 and beyond that, no.


18 (Pages 60 to 63)

Page 60

1 Q. I didn't ask you about any discovery

2 documents. I asked if you had seen any orders from

3 judges requiring class representatives to attend

4 mediations?

5 A. I have not seen such a document. I don't

6 know if that document even exists.

7 Q. And my next question. Have you ever looked

8 for such a document?

9 A. I don't recall having looked for that

10 document. I have not been provided such a document.

11 Q. Have you ever looked for any document that

12 shows what work any of the class representatives in

13 this case have done?

14 A. I have not done any research beyond what

15 I've talked about.

16 Q. Why?

17 A. Why? I mean, I got my own schedule to take

18 care of. I respond in accordance with demands in

19 this case from you guys where you wanted to depose

20 me. That's not a document that I was requested to

21 produce.

22 MR. HOWARD: Maybe you can tell them all the

23 things that class counsel did and ask him if 15,000

24 is reasonable then.

Page 61

1 MR. OPPENHEIM: We'll do our deposition. Thank

2 you for your suggestion.

3 MR. HOWARD: I'm just saying. I mean, you're

4 speculating about all these other general class

5 actions. Tell them that they did in this case to

6 deserve 15,000.

7 MR. OPPENHEIM: We always appreciate helpful

8 tips.

9 MR. HOWARD: Exactly. If they did so much, I'm

10 sure Mr. Clayton would be happy to pay them $15,000.

11 MR. OPPENHEIM: Something tells me that listening

12 to him, I doubt it.

13 MR. GOOD: Mark this next.

14 THE WITNESS: Was that a derogatory remark,

15 David?

16 MR. OPPENHEIM: It was a -- you may take my

17 remark however you'd like.

18 THE WITNESS: Okay. So that you're just

19 generally always an asshole or --

20 MR. GOOD: I am.

21 THE WITNESS: Are you? Well, I know you are,

22 Ross. I just didn't think that David had it in him.

23 MR. GOOD: David is like my mentor.

24 THE WITNESS: Okay.

Page 62

1 MR. GOOD: Could we mark this as Deposition 2 Exhibit No. 12. 3 (Clayton Deposition Exhibit 4 No. 12 marked as 5 requested.) 6 MR. GOOD: I'm sorry. Yet again, I wrote on 7 yours Deposition Exhibit No. 12. 8 MR. HOWARD: That's all right. 9 MR. GOOD: Q. But I am giving it to you.

10 Mr. Clayton, the Court Reporter has just 11 handed you what's been marked as Deposition Exhibit 12 No. 12. This is the order striking objections due to 13 objectors' lack of standing in the case of In Re: 14 Hydroxycut Marketing and Sales Practices Litigation. 15 This is dated September 17th, 2013. Do you see that? 16 A. If you're reading across the top of the 17 page, yes. 18 Q. Thank you. Directing your attention to 19 page 4 in the middle. 20 A. Okay. 21 Q. I'm going to start reading from the third 22 line. 23 A. I'm looking at paragraph that has the 24 asterisk 5 by it?

Page 63

1 Q. Yes. Correct. The third line. "When

2 Mr. Reid asked Mr. Bandas what his issues were with

3 the proposed settlement, Mr. Bandas said that he

4 didn't care about changing one word of the settlement

5 and that he filed the objections because it was a

6 large settlement and plaintiff's counsel stood to

7 make millions of dollars." Are those the same facts

8 at issue in this case?

9 A. I'm not sure.

10 MR. HOWARD: Objection. Relevance.

11 THE WITNESS: I mean, you're talking about

12 Mr. Bandas' testimony there or discussion, so you

13 would have to ask that to Mr. Bandas.

14 MR. GOOD: Q. Would you consider $23 million to

15 be a large settlement?

16 A. Not particularly. I mean, it depends on

17 the number of class members you have. I think that a

18 30 percent contingency fee is a large settlement by

19 comparison to the amount of time that would have been

20 put into a case such as this.

21 Q. How much time do you think was put into a

22 case -- to this case?

23 A. I don't think $7 million worth of time was

24 put into it.


19 (Pages 64 to 67)

Page 64

1 Q. How many years were put into it?

2 A. I don't know.

3 Q. It continues: "Mr. Bandas said that he was

4 willing to wager that Mr. Reid's client would gladly

5 pay him somewhere in the neighborhood of $400,000 to

6 make his objection go away; otherwise, he could hold

7 the settlement process up for two or three years

8 through the appeals process. Mr. Bandas explained

9 that the objections filed in the case were

10 particularly valuable given his success in Dennis v.

11 Kellogg which probably made Timothy Blood very

12 angry." Do you see that?

13 A. I see what you read.

14 Q. Do you believe there is a certain dollar

15 figure that would make your objection go away?

16 A. What would make my objection go away is if

17 you met the terms that we've discussed before, which,

18 incidentally, I've written those concerns down, if

19 you'd care to read those, and they -- basically, the

20 items that I talked about earlier are reflected on

21 that document.

22 Q. And if we were to make those go away, your

23 attorney would not be asking for any money?

24 A. You'd have to ask my attorney. I'm talking

Page 65

1 about my objections --

2 Q. Yes, your objections.

3 A. -- and my concerns, which are reflected in

4 the objections that have been filed. As for, you

5 know, Mr. Bandas and what his thought process are,

6 that's between you and Mr. Bandas.

7 Q. Do you have the ultimate authority as to

8 whether or not to withdraw your objection?

9 A. I believe I would, yes.

10 Q. Okay. And if all of the problems you have

11 with the settlement were resolved, would you withdraw

12 your objection?

13 A. If all of the problems that I have were

14 resolved, yes.

15 Q. Even if that did not include a payment to

16 Mr. Bandas?

17 A. I think that Mr. Bandas is due for the time

18 that he has placed into this file.

19 Q. How much time has Mr. Bandas placed into

20 this file?


22 Q. How much money do you think Mr. Bandas is

23 owed?


Page 66

1 Q. Would it be more than $1,000? 2 A. I do not know. 3 Q. So it could be less? 4 A. I do not know. 5 Q. Okay. How many attorney hours do you think 6 are required to justify a fee award of one-third of 7 $23 million? 8 A. That doesn't compute. I mean, that 9 question really -- I don't understand that question.

10 MR. HOWARD: About 200,000 hours. 11 MR. GOOD: Q. So if I were to tell you that this 12 litigation had been pending for more than two years 13 and seven attorneys were involved in it, how many 14 hours would the attorneys have had to work in order 15 to justify receiving one-third of the $23 million 16 settlement? 17 A. I don't have that number in mind. I need 18 to see your facts. I need to see your figures. 19 Certainly, you wouldn't have fraudulent figures, so I 20 mean, if those figures are produced to the class for 21 evaluation, then I can answer that question, and 22 that's why those figures need to be produced rather 23 than to take somebody's word for it who is over there 24 spouting out figures that haven't been made available

Page 67

1 to the class. 2 Q. And I have represented to you that they 3 will be -- the figures regarding the class members 4 will be made available to the Court and the public in 5 the form of an affidavit, but my question is would 6 one thing that is acceptable to you be to post the 7 attorney hours on the website so that people could 8 view them? 9 A. I think that that would be a good step.

10 Q. Did you look at the attorneys -- strike 11 that. 12 Did you look at the website to see if that 13 was available? 14 A. I thought you already asked and answered 15 that question. I have not looked at the website, 16 but, obviously, all of that information has got to be 17 submitted. To just give a blanket statement that 18 where you got $23 million in this potential pie to be 19 distributed in a way that doesn't appear to be 20 appropriate, a pro rata to me does not sit well with 21 me, and I'm objecting to it. 22 MR. HOWARD: Counsel, didn't you guys object 23 producing that information to the other counsel, the 24 other objector?


20 (Pages 68 to 71)

Page 68

1 MR. GOOD: It's being produced in camera to the

2 Court.

3 MR. HOWARD: Okay. So it's not on the website,

4 so you were just asking him a pure hypothetical?

5 MR. GOOD: Yes.

6 MR. HOWARD: Because you guys actually refused to

7 provide your attorney hours to the objectors.

8 MR. GOOD: We offered to provide them to the

9 Court.

10 MR. HOWARD: That's not the objector. I'm not

11 the Court.

12 MR. OPPENHEIM: That is true. Move on. Go on.

13 MR. GOOD: Q. The next paragraph reads: "On

14 May 28th, 2013, the day before the evidentiary

15 hearing was originally scheduled, Mr. Bandas

16 called --

17 A. Ross, you are going to have to start me

18 over again.

19 MR. HOWARD: He doesn't know where you are.

20 THE WITNESS: I was listening to a lawyer over

21 here, and I got a lawyer acting judge, and I lost

22 track of where you were, so where are you still in

23 that?

24 MR. GOOD: Q. You had previously looked at the

Page 69

1 paragraph starting with asterisk 5. I'm at the next

2 paragraph.

3 A. Okay. Very good.

4 Q. The next paragraph reads: "On May 28th,

5 2013, the day before the evidentiary hearing was

6 originally scheduled, Mr. Bandas called Mr. Reid

7 because Mr. Bandas had heard that Mr. Reid had been

8 subpoenaed to testify. Mr. Bandas said several times

9 during that conversation that he wasn't sure whether

10 he was having a senior moment or something, but it

11 was very difficult for him to even recall the details

12 of the prior conversation regarding settlement and

13 numbers and that it was most likely that both of them

14 couldn't remember what they had talked about."

15 The next paragraph reads: "According to

16 Mr. Reid's testimony, which the Court finds credible,

17 Mr. Bandas was attempting to pressure the parties to

18 give him $400,000 as payment to withdraw the

19 objections and go away. Mr. Bandas was using the

20 threat of questionable litigation to tie up the

21 settlement unless the payment was made. Even though

22 Miss McBean was Mr. Palmer's client, it was clear

23 that Mr. Bandas was authorized to speak for

24 Mr. Palmer on Miss McBean's behalf." Do you see

Page 70

1 that? 2 A. I saw what you read. 3 Q. Do you believe tactics such as that 4 described by the Court are appropriate for class 5 action litigation? 6 A. I'm not even sure I understand what you 7 just read. 8 Q. Do you want to take some time to reread it 9 yourself?

10 A. It matters not to me. I mean, if I'm going 11 to give an evaluation on a case and opinions about 12 that, I'd have to review the entire file. All the 13 documents associated with it and all the facts 14 associated with it. 15 Q. I don't believe Mr. Bandas testified. It 16 was only the one attorney that testified, and the 17 Court said it found it credible. What other 18 documents do you need to review? 19 A. What other documents are associated with 20 the case, whatever was produced. 21 Q. You mean produced related to Mr. Bandas or 22 related to other -- 23 A. Just related to the case. I mean, if you 24 ask me to evaluate a case and give opinions, I'll

Page 71

1 need to see what documentation exists.

2 Q. Okay. So it is possible that's

3 appropriate?

4 MR. HOWARD: I'm not even sure what the question

5 is.

6 THE WITNESS: I don't know. I'd have to evaluate

7 the facts of the case.

8 MR. HOWARD: Objection. Hold on. Objection.

9 Vague. What is the question?

10 MR. GOOD: Q. The question is whether offering

11 payment to withdraw objections is appropriate

12 proceedings in a class action.

13 MR. HOWARD: I'm going to object. This calls for

14 a legal conclusion.

15 MR. GOOD: Q. You can answer.

16 MR. HOWARD: You mean, like, proper, like,

17 morally correct or legally correct?

18 MR. GOOD: Legally and morally.

19 MR. HOWARD: Well, legally, then I'm going to

20 have to object. This calls for a legal conclusion.

21 MR. OPPENHEIM: If he's confused by the question,

22 he can say restate the question.

23 MR. HOWARD: I'm trying to figure out whether I

24 need to make an objection. If he's asking --


21 (Pages 72 to 75)

Page 72

1 MR. OPPENHEIM: You did make an objection.

2 MR. HOWARD: I know, and he said now he's asking

3 for a legal opinion, so, now, I have to object. This

4 calls for a legal conclusion.

5 MR. OPPENHEIM: All right. We got -- have we

6 covered the waterfront?

7 MR. HOWARD: Yes, and I'm also going to object as

8 to relevance. What is the relevance of some other

9 case to this case?

10 MR. OPPENHEIM: Okay. And I'm going to step in

11 and put my --

12 MR. HOWARD: And why are you even talking?

13 MR. OPPENHEIM: -- and put my zebra stripes on.

14 MR. HOWARD: Wait, wait, wait. Why are you even

15 talking?

16 MR. OPPENHEIM: Because this is ridiculous. We

17 do not allow speaking objections in this

18 jurisdiction --

19 MR. HOWARD: And I'm sure -- and I'm sure --

20 MR. OPPENHEIM: -- and every objection has been

21 an improper objection since we started this

22 deposition.

23 MR. HOWARD: And I'm sure in this jurisdiction

24 also that you're not even entitled to speak.

Page 73

1 MR. OPPENHEIM: You're sure?

2 MR. HOWARD: Because one lawyer represents one

3 party in this deposition, and that's him. Not you.

4 So if you would like to follow the rules, you,

5 please, stop speaking entirely --

6 MR. OPPENHEIM: Well, no, sir.

7 MR. HOWARD: -- and clouding the record. Thank

8 you.

9 MR. OPPENHEIM: That is incorrect.

10 MR. HOWARD: Okay. So your jurisdiction allows

11 multiple lawyers to speak in a deposition who

12 represent a single party?

13 MR. OPPENHEIM: Absolutely.

14 MR. HOWARD: Okay. Which rule is that?

15 MR. OPPENHEIM: Not sure.


17 THE WITNESS: And that's my answer to the

18 question.

19 MR. GOOD: Q. What's your answer to the

20 question?

21 A. I'm not sure.

22 Q. Okay. The paragraph I just read cites to

23 footnote 3, which is on page 5. Can you refer to

24 that for me, please?

Page 74

1 A. I'm looking at it.

2 Q. In part, the footnote states:

3 "Unfortunately, this type of abuse of the objection

4 process is not uncommon. As explained in the Manual

5 for Complex Litigation, section 21.643, fourth

6 edition, some objections, however, are made for

7 improper purposes and benefit only the objectors and

8 their attorneys. Example, by seeking additional

9 compensation to withdraw even ill-founded objections.

10 An objection even of little merit can be costly and

11 significantly delay implementation of a class

12 settlement. See also In Re: Checking Account

13 Overdraft Litigation. Professional objectors can

14 levy what is effectively a tax on class action

15 settlements, a tax that has no benefit to anyone

16 other than to the objectors. Literally, nothing is

17 gained from the cost: Settlements are not

18 restructured and the class on whose benefit the

19 appeal is purportedly raised gains nothing." Do you

20 see that?

21 A. I saw what you read.

22 Q. Do you believe Mr. Bandas's attempt to

23 obtain $400,000 would have benefited the class any?

24 MR. HOWARD: Objection. Calls for speculation.

Page 75

1 THE WITNESS: I wouldn't know without reviewing

2 the file and all the documents associated with it.

3 MR. GOOD: Q. So it is possible that Mr. Bandas

4 was attempting to benefit the class?


6 THE WITNESS: I don't know without reviewing the

7 file, making a proper evaluation of it.

8 MR. GOOD: Mark this as the next exhibit.


10 No. 13 marked as

11 requested.)


13 you what's been marked as Deposition Exhibit No. 19

14 (sic). This is an article published in the National

15 Law Review titled Ninth Circuit Grants Summary

16 Affirmance In Objectors' Appeal From Class Action

17 Settlement: A Case Study In Dealing With Serial

18 Objectors. Do you see that?

19 THE COURT REPORTER: It's 13.

20 MR. GOOD: Q. What I just said was for

21 Deposition Exhibit No. 13. Please take a minute and

22 read through the document.

23 A. You want me to read the entire document?

24 Q. Yes.


22 (Pages 76 to 79)

Page 76

1 A. You got anything in particular you want me

2 to read?

3 Q. No. The whole thing.

4 A. Well, then, let's just take a break while

5 we do that.

6 MR. GOOD: Okay. Great idea.

7 THE VIDEOGRAPHER: Going off the record at 8:41

8 a.m. -- correction, 8:41 p.m.

9 (Recess.)

10 THE VIDEOGRAPHER: We're back on the video record

11 at 8:47 p.m.

12 MR. OPPENHEIM: As a housekeeping matter, a

13 question was asked about what rule governed

14 depositions that allows or doesn't prevent a party

15 from having more than one person speak. That would

16 be Illinois Supreme Court Rule 206. Ross, continue.

17 MR. GOOD: Q. Okay. Mr. Clayton, did you have

18 the opportunity to read Deposition Exhibit No. 11 --

19 strike that.

20 Did you get the opportunity to read

21 Deposition Exhibit No. 13?

22 A. I read at it.

23 Q. Okay. I'll read just real quick, if you

24 turn to page 2 at the bottom.

Page 77

1 A. I'm there.

2 Q. "Bandas nevertheless continued to ignore

3 the appeal bond order, instead filing emergency

4 motions to stay with the district court and the Ninth

5 Circuit. The district court thus sua sponte ordered

6 the objectors' attorneys to appear in court and show

7 cause why they should not be sanctioned for failing

8 to post the appeal bond. Although Bandas posted the

9 bond a few days later, the district court proceeded

10 with the hearing, providing notice to Bandas and his

11 clients that they stood accused of bad faith conduct,

12 not merely unreasonable conduct. At the hearing, the

13 district court admonished Bandas for game playing.

14 Finding clear and convincing evidence that Bandas had

15 disobeyed the bond order, the district court then

16 took the extraordinary step of barring Bandas from

17 practicing in the Western District of Washington as

18 sanctions for what the court describes as vexatious

19 and deplorable conduct. Thereafter, the Ninth

20 Circuit again granted summary affirmance of the

21 district court's fee order, finally and fully

22 resolving this case." Do you see that?

23 A. I see what you've read, yes.

24 Q. And were you aware of this conduct prior to

Page 78

1 reading this article?

2 A. I'm not aware of Mr. Bandas's cases and how

3 he conducts himself in cases other than the one I'm

4 involved in today.

5 Q. And knowing what you know now -- strike

6 that.

7 Having been shown this about Mr. Bandas, do

8 you believe that he is seeking to serve the best

9 interest of the class?


11 THE WITNESS: All I know about him is that I have

12 retained him to seek the best interest of me, and as

13 far as what his intentions are beyond that, I could

14 not offer any testimony in that regard.

15 MR. GOOD: Q. And, Mr. Clayton, do you know what

16 an appeal bond is?

17 A. Yes. It's a bond that's posted when you

18 file an appeal.

19 Q. Okay. And are you willing to post an

20 appeal bond in this case?

21 A. If such is necessary, yes.

22 Q. How much money are you willing to post?


24 THE WITNESS: I don't know that I can answer that

Page 79

1 question.

2 MR. GOOD: Q. Well, if it's half a million

3 dollars, would you be willing to post that much?

4 A. Probably not a half a million dollars, no.

5 MR. GOOD: Mark this as Deposition Exhibit 14.


7 No. 14 marked as

8 requested.)


10 you what has been marked as Deposition Exhibit No.

11 14. This includes the notice of motion and the

12 motion for leave to file the objection of

13 Judd Clayton, Jr. and the objection of Judd Clayton,

14 Jr. Do you see that?

15 A. I was with you until notice of motion and

16 then the --

17 Q. You got to flip to the next page.

18 A. Okay. Okay. I see the verbiage you just

19 read.


21 And directing your attention back to the

22 first page, this was submitted by Peter F. Higgins of

23 the Law Firm Lipkin & Higgins. Do you see that?

24 It's the signature.


23 (Pages 80 to 83)

Page 80

1 A. I do.

2 Q. And do you know who Peter F. Higgins is?

3 A. I can't say that I do.

4 Q. Have you ever spoken to Mr. Higgins?

5 A. Not in connection with this case.

6 Q. And to your knowledge, would Mr. Bandas

7 have contracted Mr. Higgins to file this document?

8 A. I do not know. I can't address the

9 legalities of that. The possibility exists, but I

10 don't know how they came to develop relationship or

11 how his name came to be on this document.

12 I didn't mean to mislead you when you asked

13 me if I knew Mr. Higgins. I may know a Mr. Higgins,

14 but I have had no communication with him in

15 connection with this case.

16 Q. Okay. Directing your attention to page 6,

17 the pages are labeled at the top right.

18 A. Okay. I'm there.

19 Q. This document is entitled objection of

20 Judd Clayton, Jr., and I'd just like you to briefly

21 skim through from page 6 to page 14 and confirm that

22 this is a true and correct copy of the objection that

23 was filed on your behalf on October 14th, 2014?

24 A. So we just want to go through page 14?

Page 81

1 Q. Yeah, just to page 14.

2 A. The answer is yes, it is.

3 Q. Okay. And that is a true and accurate copy

4 of the objection filed on your behalf in this matter?

5 A. It appears to be, yes.

6 Q. And do you see any mention of Mr. Bandas

7 anywhere in this document?

8 A. I'd have to read the entire document to

9 see. Do you want me to read the entire document?

10 Q. Well, have you seen it before?

11 A. Have I seen the document?

12 Q. Yes.

13 A. Yeah, but I've read thousands of pages of

14 documents since I read this.

15 Q. Yeah. Read through it.

16 MR. HOWARD: I mean, if it doesn't, tell him it

17 doesn't. I don't want to spend ten minutes.

18 MR. GOOD: Q. Okay. It doesn't.

19 MR. HOWARD: Okay. Then we'll take your word for

20 it.

21 MR. GOOD: Q. Okay. Other than the objections

22 in this Deposition Exhibit 14, are there any other

23 objections you have to the class action settlement in

24 this case?

Page 82

1 A. Other than what I've personally written 2 down, but as far as actually, you know, filing a 3 motion on my behalf, this is the only objection that 4 I'm aware of. 5 Q. Is -- when you say you've "written down" 6 things, are those objections outside of what's in 7 Deposition Exhibit No. 14? 8 A. There may be. For example, we talked 9 earlier about the disbursement of funds, $250 a whack

10 to one level of class member, $100 for the other and 11 then $50 for the third level. I object to the way 12 that that money is being distributed. 13 Q. And how do you believe it should be 14 distributed? 15 A. I don't know why somebody has to have a 16 piece of paper in the form of a fax in their hand to 17 attest to the fact that they did, in fact, receive 18 such a fax if there are records that faxes were sent 19 to them regardless of the incompetence of Comcast 20 because that's certainly not the class members' fault 21 nor the attorneys representing the class members' 22 fault. It sounds like there's going to have to be a 23 lot of words, a lot of promises, a lot of allegations 24 accepted by both parties on both sides, but because

Page 83

1 somebody has a piece of paper in hand when there is,

2 in fact, a record that there were documents sent

3 them, I don't know why they receive a premium one and

4 a half times someone who doesn't have that piece of

5 paper in hand.

6 Q. Did you understand when I represented to

7 you that you could be part of both level 1 and

8 receive $250 per fax and level 2 of receiving $100

9 per time you're in the CDRs, which are call detail

10 records, CDR is the acronym, up to ten of each?

11 A. In other words, a person could double dip

12 into level 1 and level 2?

13 Q. Correct.

14 A. I'm not certain that I am aware I

15 interpreted that to be the case. I'm of the

16 persuasion, at least as I interpreted it, that there

17 are three different levels.

18 Q. There are three different levels. You are

19 correct about that, but it is possible to be in more

20 than one category.

21 A. At the same time?

22 Q. Correct.

23 A. Which means you should be able to be in

24 three categories?


24 (Pages 84 to 87)

Page 84

1 Q. No. 2 MR. HOWARD: I mean, I don't read that in the 3 settlement document. Are you just making that 4 representation to him now? Because the settlement 5 I've seen does not seem to indicate that. 6 MR. GOOD: It does indicate that, and it will be 7 further established in the affidavit showing how many 8 members there are in levels 1, levels 2 and levels 3. 9 MR. HOWARD: Okay.

10 MR. GOOD: It is not possible to be in level 3 11 and either of the other two levels because level 3 is 12 only for people -- 13 MR. HOWARD: Who aren't in the other two? 14 MR. OPPENHEIM: Who aren't in the other two. 15 MR. GOOD: Exactly, who aren't in the other two, 16 but it is possible to be in both level 1 and level 2, 17 and that is because, as I explained to you, Comcast 18 did not have the records that covered the entire 19 class period. They only had some of them, and as a 20 result of that, the records for level 2 are 21 incomplete; therefore, people that actually had the 22 fax are also in category 1 -- or level 1 because they 23 can prove they have a fax from the time period that 24 there are no call detail records.

Page 85

1 MR. HOWARD: You still understand that doesn't 2 address his issue, right? I'll ask questions. I'll 3 let him explain. 4 THE WITNESS: I have a hard time, then, 5 understanding. I guess that's another problem I have 6 with the settlement proposal is that's not clear to 7 me. I don't know why a person who is in level 2, for 8 example, wherein there's records showing that he, in 9 fact, received those faxes can't say that he received

10 the faxes during the time period that Comcast doesn't 11 have record and at least get 50 bucks a pop for 12 those. 13 MR. GOOD: Q. I'll also represent that it's not 14 $50 per time. It's $50 period for level 3. 15 A. I think I do understand that. 16 Q. Okay. Thank you. 17 A. But why a person couldn't triple dip is 18 what I'm saying, and I guess it's obvious from 19 talking to me about these three tiers that I don't 20 have a full comprehension based on what I've been 21 provided how that is split out. 22 Q. Why isn't that -- 23 A. I'm sorry. It's not clear to me as I read 24 the settlement proposal.

Page 86

1 Q. Okay. Why is that objection not part of

2 the objection you filed in the case which has been

3 attached as Deposition Exhibit 14?

4 A. That is an objection or at least a point

5 that came to fruition within my mind as I was

6 reviewing documentation in preparing for this

7 deposition.

8 Q. And how long ago was that?

9 A. Probably about the time I received the

10 subpoena, the first subpoena -- actually, the only

11 subpoena I received for a deposition that was set at

12 I want to say a Holiday Inn in Texas City back in

13 December of last year.

14 MR. GOOD: Let's go off the record for just a

15 second.

16 THE VIDEOGRAPHER: Going off the video record at

17 8:59 p.m.

18 (Recess.)

19 THE VIDEOGRAPHER: Going back on the video record

20 at 9:00 o'clock p.m.

21 MR. GOOD: Q. Mr. Clayton, can I direct your

22 attention to what is marked at the top right as page

23 12 of 41.

24 A. Which exhibit are you in?

Page 87

1 Q. The exhibit you have in your hand that is 2 Deposition Exhibit 14. 3 A. Page 12? 4 Q. Yes. It's marked at the top. I think 5 you've gone too far. Oh, this is the document you 6 brought with you. Do you have the document the 7 Court Reporter marked? That's this document, 8 Deposition Exhibit No. 12, and then at the very top 9 of Deposition Exhibit No. 12, it will say on the top

10 right, page 12 of 41. 11 A. I'm there. 12 Q. Okay. The second paragraph, the second 13 sentence reads: "This is a settlement with a 14 difficult and burdensome claims process where the 15 defendant has a reversionary interest in the 16 unclaimed funds and there is also a cy pres 17 component." Do you see that? 18 A. I do. 19 Q. How was the claims process difficult and 20 burdensome? 21 A. I don't know. Whoever wrote that can 22 answer that question. 23 Q. But you did not write that, correct? 24 A. Obviously not.


25 (Pages 88 to 91)

Page 88

1 Q. Okay. And do you know what the cy pres

2 component is?

3 A. That's a component I believe wherein if

4 some claims are submitted, received, approved, checks

5 are written, the checks don't clear within 180 days,

6 there's essentially a distribution in the form of a

7 donation to I think there's some five entities

8 listed. 50 percent of which goes to the local bar,

9 and then the rest disbursed to the other four, if

10 there are, in fact, five. That's just my

11 recollection.

12 Q. Okay. And other than the objection you

13 explained a few minutes ago that is not listed as

14 part of Deposition Exhibit 14, do you have any other

15 objections to this class action settlement?

16 A. I'm just going to read this into the

17 record. It's only a two page document.

18 Q. Go right ahead.

19 A. This is an accurate reflection of my

20 objections in Judd words.

21 Q. In addition --

22 A. I don't know if I can read it as quick as

23 you would, but I will read it. White legal page

24 document. Page 1. "Objections. $23 million

Page 89

1 settlement fund is a misrepresentation of the actual 2 funds to be distributed. Defendants and class 3 attorneys know that not all potential class members 4 will file claims. Further, as all claims must 5 be -- must have been submitted by 11-26-14, a more 6 accurate accounting of the funds to be placed into 7 reserve should be available and made known to the 8 class for better assessment, slash, evaluation of a 9 more equitable victim allotment."

10 "On the other hand, if the defendants have 11 truly placed 23 million in reserve, the entirety of 12 such funds should be distributed pro rata. None of 13 the unclaimed funds should revert back to the 14 defendants. The defendants should not receive any 15 relief from payment of restitution as a consequence 16 of their knowledge that a large percentage of claims 17 will not be submitted." 18 "Class attorneys should only be entitled to 19 actual hourly fees and expenses plus a risk premium. 20 A 30 percent contingency fee based on an inflated 21 settlement fund is egregiously excessive. The 22 lodestar method of calculating attorneys' fees is 23 most appropriate and fair for class members in the 24 resolution of this litigation."

Page 90

1 I'm now on page 2. "Given the manner in 2 which the proposed attorney fees are currently set 3 forth, the class attorneys stand to receive their 4 monetary -- more monetary benefit than the class 5 itself. In other words, the contingent fee 6 arrangement based on a fictional $23 million 7 settlement fund guarantees them 7.67 million; 8 whereas, the class as a whole may receive less than 9 that."

10 "The $15,000 allotment, which is up to 15 11 times more than the other members will receive, to 12 select plaintiffs who allegedly represent the class 13 is excessive. Receipt of such amounts serves to 14 impede the ability of said entities to objectively 15 represent the best interest of the remainder of the 16 class and further seek premature settlement of this 17 matter." 18 "There should not be a bonus, at least not 19 two and a half times as much, i.e., $250 versus $100, 20 for each claim simply because some class member 21 retained a fax copy or was provided one of an aged 22 unsolicited Met Life advertisement, which is the 23 subject of this class action. If the defendants have 24 a record or records that such document was faxed, all

Page 91

1 intended recipients should receive equitable 2 settlements." 3 That's my words. 4 Q. Do you mind if we mark that as an exhibit 5 and enter that into the record? 6 A. I do not. 7 Q. Thank you. We're going to mark this as 8 Deposition Exhibit 15, and, Warren, I'm getting this 9 to you after the deposition. I'm not going upstairs

10 right now. 11 A. Pardon? 12 MR. HOWARD: He's talking to Warren. 13 MR. GOOD: Talking to Warren. 14 (Clayton Deposition Exhibit 15 No. 15 marked as 16 requested.) 17 MR. WILKOSZ: Is that typed or handwritten? 18 MR. GOOD: It is handwritten, and I'm not sure 19 how our scanner is going to handle it, so we may be 20 doing a cell phone picture again. 21 THE WITNESS: Do it in color. 22 MR. GOOD: I don't have that option. 23 Q. Mr. Clayton, if $23 million was actually 24 being paid out, how would that change your


26 (Pages 92 to 95)

Page 92

1 objections?

2 A. I'd have to look at each of those

3 objections and see. I mean, if there was actually a

4 $23 million payment, I think when you say actual

5 payout, it certainly doesn't change the amount that I

6 think that the plaintiff attorneys representing the

7 class should be reimbursed. I would have to evaluate

8 that data. That's what I'm objecting to. I want to

9 see that data, see how many legitimate claims there

10 are to see how much money would be proportioned in a

11 pro rata basis to the members themselves.

12 Q. And when you say "legitimate claims," you

13 mean claims that have been approved by the

14 independent claims administrator?

15 A. Well, I'm not sure what the position of

16 that person is, but approved by whatever process

17 claims are approved by.

18 Q. Okay. And when you read out what's in the

19 two pages that are being marked as Deposition Exhibit

20 No. 15, you said that you believed that the class

21 representatives were making 15 times more than the

22 maximum other class members would receive. Do you

23 recall that?

24 A. I don't remember saying "maximum." I said

Page 93

1 than some people. I mean, some people -- for

2 example, some people may only receive $1,000.

3 Q. What is --

4 A. I think actually it's 15 plus times more.

5 Some people are only receiving $50 in accordance with

6 the settlement structure now.

7 Q. To your knowledge, what is the maximum a

8 class member can receive?

9 A. I don't know that I've done that math. I

10 mean, now, you have given me interpretation that I

11 had not placed on available monies for a class member

12 that they could double dip and maybe, in some

13 instances, triple dip.

14 Q. They cannot triple dip.

15 A. Okay. So the maximum amount would be 2,500

16 plus 1,000.

17 Q. Which is?

18 A. $3,500.


20 And you also mentioned towards the end, you

21 said for submitting a fax or was provided one. Do

22 you recall that?

23 A. Correct.

24 Q. What do you mean "provided one"?

Page 94

1 A. Somebody actually provided them with a copy

2 of a fax.

3 Q. You mean like the defendants sent them a

4 fax and that's how they have it?

5 A. Let's say fraudulently, for example.

6 Q. Oh, so -- can you explain what you mean by

7 provided it to them fraudulently?

8 A. Sure. They didn't have that fax on hand.

9 They haven't held that fax on their person since,

10 say, 2008, but, yet, since the class action suit had

11 been brought forth, somebody has provided them with a

12 copy of a fax.

13 Q. Okay. So this is similar to your objection

14 in Doherty v. Hertz where somebody provided you a

15 claim form for somebody else and you did not fill it

16 out fraudulently?

17 A. I don't see the similarity. I'm talking

18 about a fax of the unsolicited advertisement that's

19 the basis for this class action suit.

20 Q. And you're talking about that going to one

21 person and then that person providing it to somebody

22 who never received it so that they could file a claim

23 and receive $250, correct?

24 A. That would be a for instance, yes.

Page 95

1 Q. Okay. And how is that fact pattern

2 different than what happened in Doherty v. Hertz?

3 A. I'm not familiar with Doherty v. Hertz. I

4 mean, I'm not familiar with all the issues nor all

5 the production that was provided in concert with that

6 case.

7 Q. Are you aware that you were accused of

8 filing a claim form that did not belong to you?

9 A. I was not aware of such.

10 Q. Are you now aware of it?

11 A. I don't know. I mean, I saw where you read

12 some legal documentation, and, frankly, I'd have to

13 sit down and review the entirety of the case and see

14 what allegations have been made and why judges have

15 ruled the way they have.

16 Q. Okay. In -- strike that.

17 Are there any other objections besides what

18 are listed in Deposition Exhibit No. 14 and

19 Deposition Exhibit No. 15 that you have to this class

20 action?

21 A. Let's see. 14 is the actual objection

22 that's filed, and 15 are my handwritten notes?

23 Q. Correct.

24 A. No, sir.


27 (Pages 96 to 99)

Page 96

1 MR. GOOD: I have nothing further. Warren?

2 MR. OPPENHEIM: Warren, are you there? Do you

3 have any questions?

4 MR. WILKOSZ: I'm there. I had to click a couple

5 times. No, I have no questions.

6 EXAMINATION

7 by Mr. Howard:

8 MR. HOWARD: Q. Yeah. Mr. Clayton, just a

9 couple of questions.

10 Plaintiffs' class counsel has represented

11 to you that the average level 2 class members is

12 going to get about $300.

13 MR. GOOD: I represented that the average class

14 member is going to receive about $300.

15 MR. HOWARD: Q. Okay. The average class member

16 is going to receive about $300. Knowing that, does

17 that change your opinion that the class

18 representatives should not get $15,000 each?

19 A. Well, that would certainly be a basis for

20 objection where somebody who is receiving 50 times as

21 much, I don't think could be an equitable partner in

22 the class and represent the true interests of the

23 class.

24 Q. Do you think they should get $15,000 each

Page 97

1 without having to make any showing of how many hours

2 or how much time they spent furthering the class's

3 issues?

4 A. I would not think so.

5 Q. Okay. If the records indicate that maybe

6 they only spent 10 or 15 hours in furtherance of this

7 litigation, do you think they should get $15,000

8 each?

9 A. That would be an awful high hourly rate.

10 Q. Okay.

11 A. It is dependent upon the distribution to

12 the other class members.

13 Q. And do you believe that 50 times what the

14 other class members get is an unreasonably high

15 compensation for the class reps?

16 A. Unless they put 50 times as much effort

17 into it, yes.

18 Q. Okay. As far as the attorneys' fees, if

19 the actual hours that the attorneys spent, the dollar

20 value of the time they spent is, say, $1.5 million

21 and those records are ultimately made available to

22 you, would you still object to them getting over $7

23 million?

24 A. I would.

Page 98

1 Q. Okay. Do you think that would be an 2 unreasonable risk premium of five times their actual 3 hourly rates? 4 A. I personally do, yes. 5 Q. Okay. Now, just to clarify the 250 versus 6 the 100. Plaintiffs' class counsel has now seemed to 7 indicate that there will be some clarification of the 8 settlement agreement that if you actually have a fax, 9 you can actually get the $250, and then if that

10 number -- if your number shows up in the autodial, 11 you get another $100. Do you understand that? 12 A. I do now, yes. 13 Q. Okay. Do you understand whether or not you 14 could get the 250 and the 100 for the same fax? Has 15 that been made clear to you? 16 A. I don't recall any discussion in that 17 regard. 18 Q. Okay. Is that made clear in the settlement 19 document? 20 A. I don't remember that verbiage. 21 Q. Okay. So do you know if somebody actually 22 has the fax from a document that's on the autodial, 23 whether they get 250, 100 or 350? 24 A. I thought if they actually had the fax,

Page 99

1 they got 250. I'm not certain if the mere presence

2 of the fax gives them the 250 plus the 100. There

3 was some implication by class counsel that there are

4 occasions where that can happen. I'm still not

5 certain how.

6 Q. Okay. So the settlement document is not

7 really clear as to how each individual claim is going

8 to be settled?

9 A. It's not clear to me.

10 Q. Okay. Is your position basically that if

11 there is some record that indicates that a claimant

12 got a fax, then they should get a certain dollar

13 value for that fax?

14 A. Yes.

15 Q. Whether they have the fax, the old fax or

16 not?

17 A. If there is a record, yes, there will be

18 some allotment of funds going their direction.

19 Q. Because whether they have the fax or

20 whether it shows up in the records that a fax was

21 sent, we still have evidence that they were sent a

22 fax, right?

23 MR. OPPENHEIM: Objection. Leading.

24 THE WITNESS: There is evidence in the possession


28 (Pages 100 to 103)

Page 100

1 of, say, in this case, the defendant, yes.

2 MR. HOWARD: Q. Okay. And what you are saying

3 is they should be compensated the same?

4 MR. OPPENHEIM: Objection. Leading.

5 THE WITNESS: One should be compensated the same

6 if they have a fax or not as long as there is a

7 record reflecting that a fax was sent their

8 direction.

9 MR. HOWARD: Okay. Fair enough. Those are all

10 the questions I have. Thank you.

11 FURTHER EXAMINATION

12 by Mr. Good:

13 MR. GOOD: Q. I have a couple quick things.

14 Mr. Clayton, what is the hourly rate you

15 charge?

16 A. For what?

17 Q. For your services.

18 A. What services?

19 Q. For your expert witness services.

20 A. $300 per hour.

21 Q. Okay. And how much time did you spend

22 reviewing the settlement agreement in this case?

23 A. Probably several hours.

24 Q. Would several be less than ten do you

Page 101

1 think?

2 A. Yes.

3 Q. And were you compensated for your time?

4 A. No.

5 Q. Your actual objections that was filed,

6 which was part of Deposition Exhibit 14, does not

7 mention any objection to the class rep incentive

8 award, is that correct?

9 A. That is the 250 versus the 100?

10 Q. No, no. That's the $15,000 for class

11 representatives.

12 MR. HOWARD: I think that mischaracterizes the --

13 THE WITNESS: Let me see.

14 MR. HOWARD: -- the document.

15 MR. GOOD: I think mine is searchable. I think I

16 can beat all of you. Maybe not.

17 THE WITNESS: If you look on page 8 -- well --

18 MR. GOOD: Q. Page 13 of 41.

19 A. Is it page 13?

20 Q. Yeah. Page 13 of 41 at the top right I

21 think is what you are referring to.

22 A. Well, the first full paragraph, that topic

23 is covered.

24 Q. And is that the only place?

Page 102

1 A. It's the only place that that specific

2 issue is discussed that I am aware of.

3 MR. GOOD: Anything else?

4 MR. OPPENHEIM: That's the other one.

5 MR. GOOD: Q. And your actual objection, which

6 is attached as Deposition Exhibit 14, does not

7 mention any objection to the different levels of

8 payment that we've discussed, correct?

9 A. I don't recall that specific issue having

10 been mentioned in the terms that I have offered it

11 today.

12 MR. GOOD: Okay. I have nothing further.

13 Warren, are you all good?

14 MR. OPPENHEIM: Let's wait for him to unclick.

15 MR. WILKOSZ: I am, yes. Thank you, David.

16 THE VIDEOGRAPHER: Counsel, we're concluded?

17 Going off the video record at 9:16 p.m. at the end of

18 media number 1.

19 (The following was had off

20 the video record.)

21 THE COURT REPORTER: Signature?

22 THE WITNESS: I would like to sign it.

23 (Discussion had off the

24 record.)

Page 103

1 MR. HOWARD: The witness has asked to read and

2 sign the deposition. We've asked that the deposition

3 be mailed to him so that he can read and sign it,

4 and, apparently, as of right now, the Court Reporter

5 is unclear whether or not they can mail the

6 deposition to the witness; however, we would ask the

7 transcript not be considered official until it's read

8 and signed per the rules.

9 MR. GOOD: And I'll just state for the record

10 that objector's counsel is refusing to pay for it.

11 MR. HOWARD: I don't think any rule requires

12 anybody to buy a transcript.

13 MR. OPPENHEIM: We're done.

14 MR. HOWARD: And, again I'm not asking you to

15 send it to me. I'm asking you to send it to the

16 witness, and if you want him to return the original

17 transcript with signature, that's fine.

18 (Proceedings concluded at 9:19 p.m.)

19 - - - - - - - - - - -

20

21

22

23

24


Page 104

1 STATE OF ILLINOIS )

) ss:

2 COUNTY OF KENDALL )

3

I, Cynthia A. Splayt, Certified

4

Shorthand Reporter, and Notary Public in and for the

5

County of Kendall, State of Illinois, do hereby

6

certify that on the 7th day of January, A.D., 2015,

7

the deposition of the witness, JUDD CLAYTON, JR.,

8

called by the Plaintiff was taken before me, reported

9

stenographically and was thereafter reduced to

10

typewriting through computer-aided transcription.

11

The said deposition was taken at 3701

12

Algonquin Road, Suite 320, Rolling Meadows, Illinois,

13

and there were present Counsel as previously set

14

forth.

15

The said witness, JUDD CLAYTON, JR.,

16

was first duly sworn to tell the truth, the whole

17

truth and nothing but the truth, and was then

18

examined upon oral interrogatories.

19

I further certify that the foregoing

20

is a true, accurate and complete record of the

21

questions asked of and answers made by the said

22

witness, at the time and place hereinabove referred

23

to.

24


Page 105

1 The signature of the witness was not

2 waived by agreement.

3 The undersigned is not interested in

4 the within case, nor of kin or counsel to any of the

5 parties.

6 I further certify that my certificate

7 annexed hereto applies to the original transcript and

8 copies signed and certified by me. I assume no

9 responsibility for the accuracy of any reproduced

10 copies not made under my control or direction.

11 Witness my official signature and seal

12 as Notary Public in and for Kendall County, Illinois

13 on this 8th day of January, A.D. 2015.

14

15

16

17

18 ___________________________

CYNTHIA A. SPLAYT, CSR

19 Notary Public

License No. 084-003295

20

21

22

23

24


Page 106

1 IN THE CIRCUIT COURT OF THE 19TH JUDICIAL DISTRICT

LAKE COUNTY, ILLINOIS

2

SHAUN FAULEY, SABON, INC., )

3 SANDY ROTHSCHILD & ASSOCIATES, )

INC., DEBAUN DEVELOPMENT, INC.,)

4 and CHRISTOPHER LOWE HICKLIN DC)

PLC, Individually and as the )

5 representatives of a class of )

similarly-situated persons, )

6 Plaintiffs, )

)

7 -vs- ) No. 14 CH 1518

)

8 METROPOLITAN LIFE INSURANCE )

COMPANY, et al., )

9 Defendants. )

10

I, JUDD CLAYTON, JR. being first duly

11 sworn, on oath say that I am the deponent in the

aforesaid deposition taken on 1-7-15; that I have

12 read the foregoing transcript of my deposition,

consisting of pages 1 through 106 inclusive, and

13 affix my signature to same.

14

15

16 ___________________________

JUDD CLAYTON, JR.

17

18

SUBSCRIBED AND SWORN TO

19 before me this _________ day of

__________________________, 20______.

20

21

22

_________________________________

23 Notary Public

24

MJ Reporting www.mjreporting.com 847.619.7155MJ Reporting www.mjreporting.com 847.619.7155

Page 107

A

ability 19:8 46:1690:14

able 83:23Absolutely 58:24

73:13abuse 74:3acceptable 67:6accepted 14:12

82:24Account 74:12accountable 55:1accounting 42:2

89:6accuracy 105:9accurate 8:7,10

18:14,20 42:243:24 44:7 81:388:19 89:6 104:20

accused 77:11 95:7acronym 83:10Act 51:22acting 68:21action 7:22 11:24

12:5 18:6 23:337:7,8,15 38:2240:11 58:7 70:571:12 74:14 75:1681:23 88:15 90:2394:10,19 95:20

actions 39:16 57:1957:21 61:5

actual 43:3 89:1,1992:4 95:21 97:1998:2 101:5 102:5

addition 88:21additional 11:10

12:14 45:18 46:1454:8 74:8

address 6:11 47:2248:13 80:8 85:2

adjusting 31:23administration

48:23administrator

34:14 48:17 49:151:13 92:14

admissible 18:10admonished 77:13advertisement

42:19 90:22 94:18advises 17:23affidavit 35:3 46:8

48:10 55:12,1967:5 84:7

affirmance 75:1677:20

affix 106:13aforesaid 106:11aged 42:17,17

90:21ago 15:18,18 86:8

88:13agree 56:8agreed 10:24 11:1agreeing 56:21agreement 10:11

12:1,8 14:6 29:1029:14 43:8 55:998:8 100:22 105:2

ahead 88:18air 43:2al 1:9 4:9,10 106:8Algonquin 1:17 2:3

4:6,18 104:12allegations 82:23

95:14allegedly 90:12allotment 89:9

90:10 99:18allotted 44:14allow 5:23 19:23

72:17allows 73:10 76:14amended 9:11,21

10:2,12 55:9amount 41:19 43:3

43:4 53:24 54:455:13,14,14 63:1992:5 93:15

amounts 44:490:13

AMUNDSEN 2:8ANDERSON 2:2and/or 53:4,11

angry 64:12annexed 105:7answer 5:24 6:2,6

8:20 14:9 15:317:18,21 18:14,2020:4 21:3,11,1222:2 45:23 57:166:21 71:15 73:1773:19 78:24 81:287:22

answered 67:14answering 9:4

18:17 20:18answers 5:20

104:21Antitrust 37:23anybody 103:12apart 22:7apologies 22:12apologize 27:5

29:13 33:23 54:14apparently 103:4appeal 17:15,17,19

17:24 18:1 40:1574:19 75:16 77:377:8 78:16,18,20

appeals 64:8appear 41:22 67:19

77:6APPEARANCES

2:1appears 7:1 31:6

81:5appended 35:9appendix 39:2applicable 5:15applies 105:7appreciate 10:22

61:7appreciation 47:16approach 34:17appropriate 54:8

55:5,23 67:2070:4 71:3,1189:23

approval 24:1527:17

approved 88:4

92:13,16,17approximately

43:18area 47:23argumentative

33:10arrangement 90:6arrived 13:3article 75:14 78:1ascertain 41:2aside 41:22asked 12:17 22:16

27:17 33:15 46:1353:14 59:22 60:263:2 67:14 76:1380:12 103:1,2104:21

asking 5:23 8:1319:15 30:3,1357:19 64:23 68:471:24 72:2 103:14103:15

asserted 43:20asserting 39:10,18assertion 43:19assessment 54:24

89:8asshole 61:19assigned 36:10 41:3assisted 38:16associated 36:6

70:13,14,19 75:2ASSOCIATES 1:4

106:3assume 6:2 25:24

105:8assure 30:21asterisk 62:24 69:1attach 51:10attached 3:18 51:8

86:3 102:6attainable 41:24attaining 47:10attempt 53:2 74:22attempting 52:21

53:11 69:17 75:4attend 59:10,12,14

60:3

attention 13:1514:10 16:10,1818:3 24:3,8,12,2427:2 28:22 30:2331:17 34:3 35:736:17 38:9 40:852:17 62:18 79:2180:16 86:22

attest 41:13 82:17attorney 6:14 7:19

8:2 12:1 13:916:14 17:21,2329:24 38:16 64:2364:24 66:5 67:768:7 70:16 90:2

attorneys 13:2340:19 43:9 44:1148:6 53:22 54:5,855:15,17,22 56:2266:13,14 67:1074:8 77:6 82:2189:3,18,22 90:392:6 97:18,19

August 12:12authority 65:7authorized 69:23autodial 98:10,22available 21:15

42:3 44:2,20,2245:6,8 46:9 47:248:4 66:24 67:467:13 89:7 93:1197:21

Avenue 2:9average 41:1 43:17

45:1 96:11,13,15award 13:17,19

54:7 66:6 101:8aware 36:24 37:6,9

37:12 38:6 39:1346:1 51:21 52:156:16 57:4,1259:2,8,13,1677:24 78:2 82:483:14 95:7,9,10102:2

awful 97:9A.D 1:19 104:6


Page 108

105:13a.m 4:5 76:8

B

back 17:1 18:322:15,18 24:2428:11,23 34:336:17 46:7,11,2447:4 52:17 76:1079:21 86:12,1989:13

bad 77:11balance 42:12Bandas 15:21 16:2

17:5,8,10 27:1628:9,16 29:10,1536:5 37:1,5,1338:6,16,21 39:939:17 40:5 52:2053:10,18 54:163:2,3,12,13 64:364:8 65:5,6,16,1765:19,22 68:1569:6,7,8,17,19,2370:15,21 75:377:2,8,10,13,1477:16 78:7 80:681:6

Bandas's 17:7 36:136:4,10 39:352:16 53:1 74:2278:2

Bandes 27:14bar 88:8barring 77:16based 44:15 45:2

46:20 48:8 85:2089:20 90:6

bases 39:8basically 64:19

99:10basis 42:5 43:19

44:21 92:11 94:1996:19

beat 101:16behalf 2:6,12,17

4:8,22 30:1839:17 69:24 80:23

81:4 82:3believe 10:13 36:22

41:16 43:21 53:1054:6 55:15 64:1465:9 70:3,1574:22 78:8 82:1388:3 97:13

believed 92:20belong 95:8Belvidere 4:15bench 34:17benefit 40:12,15

53:20 74:7,15,1875:4 90:4

benefited 74:23bent 22:9best 78:8,12 90:15better 89:8beyond 42:12 43:4

46:10 59:24 60:1478:13

bias 56:6bill 12:16,17,18

13:4blanket 67:17Blood 64:11bona 39:5bond 17:15,17,20

17:24 18:1 77:3,877:9,15 78:16,1778:20

bonus 90:18bottom 7:15 34:4

76:24bracket 47:6break 6:4,7 76:4briefly 80:20brought 12:20 87:6

94:11Brown 52:19bucks 85:11bullet 24:9,13

25:14,15,20 26:5burdensome 18:8

87:14,20business 15:22buy 103:12B-a-n-d-a-s 27:15

B-a-n-d-e-s 27:15

C

C 16:20calculated 18:9calculating 89:22call 27:12,13 46:12

46:15,24 47:2183:9 84:24

called 5:6 15:1133:11 46:2 58:1358:15,22 59:3,568:16 69:6 104:8

calls 71:13,20 72:474:24 75:5 78:1078:23

camera 68:1capable 18:17care 60:18 63:4

64:19Cary 2:19 4:13case 4:11 5:13 7:18

7:20 10:22 13:2414:8 16:8 18:2220:17,20,21 21:521:14,19 23:2125:4,10,11,14,1826:20 29:22 30:433:6 35:4 37:2,238:19 39:20,2343:12,16 45:449:7 52:8,16,2254:5 56:14,1757:2,6,14,1660:13,19 61:562:13 63:8,20,2263:22 64:9 70:1170:20,23,24 71:772:9,9 75:1777:22 78:20 80:580:15 81:24 83:1586:2 95:6,13100:1,22 105:4

cases 16:5 28:6,828:10 57:23 58:178:2,3

categories 41:1747:15 48:12,15

83:24category 83:20

84:22Cathode 37:23cause 27:24 77:7caution 34:1CDR 83:10CDRs 83:9cell 91:20center 23:10certain 8:15 13:4

14:2 36:13,1550:10 51:7 64:1483:14 99:1,5,12

certainly 53:2154:1 66:19 82:2092:5 96:19

certainty 7:5certificate 105:6certified 3:20 4:13

104:3 105:8certify 20:10 104:6

104:19 105:6CH 1:8 4:11 106:7challenge 38:22change 41:12 91:24

92:5 96:17changes 38:23changing 63:4charge 100:15Checking 74:12checks 88:4,5Chicago 2:10 19:16choose 47:3Chris 28:16 52:16Christi 38:18,19Christopher 1:5

27:14 38:16 40:5106:4

Circuit 1:1 4:119:13,14 75:1577:5,20 106:1

cited 25:20 36:20cites 26:6 38:24

39:4 73:22City 2:14 86:12civil 1:14 57:24claim 27:9 34:10,12

35:19,24 36:5,7,936:14 49:6,1050:14 90:20 94:1594:22 95:8 99:7

claimant 99:11claimants 43:16,17

45:13 46:20 47:1claims 34:14 41:6

42:1,16 43:6,1343:16 44:24 46:1487:14,19 88:489:4,4,16 92:9,1292:13,14,17

claim-submission35:8,11,14

clarification 98:7clarify 21:2 98:5class 1:6 4:22 5:13

7:20,22 11:2412:4 18:6 23:224:14,17 35:1237:7,7,14 38:1538:22 40:11,14,2240:24 41:4,9,1742:6,7,11 43:5,1044:2,2,3,5,15,2044:22 45:3,5,6,945:14,16,17 46:746:10,13,23 47:1447:18 48:3,6,1148:15,17,22 49:149:24 50:2,351:11,12,17 52:652:23 53:4,4,1153:12,20,22 54:1654:17,21 55:13,2256:4,5,10,13,1756:24 57:4,15,1957:20 58:7 59:2,959:11,13 60:3,1260:23 61:4 63:1766:20 67:1,3 70:471:12 74:11,14,1874:23 75:4,1678:9 81:23 82:1082:20,21 84:1988:15 89:2,3,8,1889:23 90:3,4,8,12


Page 109

90:16,20,23 92:792:20,22 93:8,1194:10,19 95:1996:10,11,13,15,1796:22,23 97:12,1497:15 98:6 99:3101:7,10 106:5

class's 44:22 97:2Clayton 1:12 2:18

3:3,7 4:3,24 5:55:11 6:11,14,207:8,22 9:7,13 10:411:14,17 12:14,1913:15 14:20 15:515:6,12,21 18:520:24 23:16 26:1427:8 28:17 34:1234:22 35:13,1537:18 61:10 62:362:10 75:9 76:1778:15 79:6,13,1380:20 86:21 91:1491:23 96:8 100:14104:7,15 106:10106:16

Clayton's 35:936:21

clear 23:6 35:2369:22 77:14 85:685:23 88:5 98:1598:18 99:7,9

Clerk 31:1click 96:4client 58:16,19 64:4

69:22clients 53:1 77:11clip 22:6clouding 73:7clue 29:17 30:1clueless 26:3 39:15Code 1:14coerce 52:24cold 32:1color 91:21Colorado 38:20combined 15:17Comcast 46:2,6

82:19 84:17 85:10

coming 10:22 22:7comma 14:21commencing 1:18comment 51:14comments 39:3commission 48:8communicating

50:11communication

48:20 80:14Communications

46:2company 1:9 4:10

46:2 106:8comparing 7:4comparison 63:19compensated 47:6

47:7 54:2 100:3,5101:3

compensation 54:354:4 74:9 97:15

complete 51:17104:20

Complex 74:5component 87:17

88:2,3comprehension

85:20compute 66:8computer-aided

104:10concern 47:23

53:16,18,22concerned 54:24concerns 48:18

53:14 64:18 65:3concert 95:5concluded 102:16

103:18conclusion 71:14

71:20 72:4conduct 39:2,4

77:11,12,19,24conducts 78:3confirm 25:7 45:4

80:21confirmation 33:1

35:9,11,14

confused 71:21connection 52:15

80:5,15consequence 89:15consider 17:19

63:14considered 103:7consisting 106:12constitutes 53:3Consumer 51:22contact 37:5 45:5

48:17 49:2 51:12contingency 44:6

48:8 53:23 63:1889:20

contingent 12:190:5

continue 55:776:16

continued 77:2continues 64:3contracted 17:5

80:7contrary 43:19control 105:10conversation 69:9

69:12convinced 54:7convincing 77:14copies 7:21 12:15

13:5 18:4 41:11105:8,10

copy 12:17 24:4,5,632:14 42:24 45:1949:14,20 80:2281:3 90:21 94:194:12

Corpus 38:17,19correct 8:16,18

12:19 13:11 15:217:10 23:7,13,1423:22 25:2,2126:9,24 30:5 31:331:7 32:20 33:1936:11,14 38:439:23 49:17 50:1350:17 63:1 71:1771:17 80:22 83:13

83:19,22 87:2393:23 94:23 95:23101:8 102:8

correcting 15:8correction 4:5 76:8correspondence

7:17,19cost 40:13 74:17costly 74:10counsel 4:19 12:16

38:14 52:23 53:453:12 60:23 63:667:22,23 96:1098:6 99:3 102:16103:10 104:13105:4

County 1:2 4:129:14 104:2,5105:12 106:1

couple 96:4,9100:13

course 30:6 37:1142:6

court 1:1,15 4:114:16 5:3,14,15,226:18,22 9:9,1310:17 11:20,2312:3,7,10 18:2119:16,16 20:1322:1,14,19 23:1824:23 26:1,1627:17 28:14 31:232:15 33:11,2034:13,20 35:137:21 52:20 62:1067:4 68:2,9,1169:16 70:4,1775:12,19 76:1677:4,5,6,9,13,1577:18 79:9 87:7102:21 103:4106:1

Courts 31:2 39:1,3court's 33:13 77:21court-ordered 59:8covered 72:6 84:18

101:23covers 46:23

co-counsel 10:16create 40:21creating 56:6credible 69:16

70:17crossed 15:23CRT 37:23CSR 1:12 105:18currently 41:1 90:2cy 87:16 88:1Cynthia 1:12 4:16

104:3 105:18

D

Dahl 34:14 35:3,15Dahl's 34:18 35:10data 45:10,12,12

92:8,9date 23:12dated 12:2,6,8

62:15David 2:3 4:21

61:15,22,23102:15

Davidow 2:19 4:13day 1:19 28:21

68:14 69:5 104:6105:13 106:19

days 77:9 88:5DC 1:5 106:4Dealing 75:17DEBAUN 1:4

106:3December 12:6

86:13declaration 27:8

34:13dedicated 52:23deduction 43:15deem 42:13deems 54:22defendant 2:12

37:14 48:6 87:15100:1

defendants 1:1089:2,10,14,1490:23 94:3 106:9

defer 17:21


Page 110

degree 31:24delay 74:11delegated 41:3delineation 42:15demands 60:18Dennis 64:10Denver 38:20dependent 97:11depends 63:16deplorable 77:19Depo 32:2deponent 106:11depose 60:19deposed 57:5deposition 1:11 4:3

4:8 5:13 6:19,206:23 8:3 9:7,1210:3,7,8,8,12,1310:17 11:11,11,1711:23 12:3,7,1112:24 13:8,1616:11,18 19:2020:6,11,23,2421:22 22:3,2323:15,16,19 25:125:6,8,21 26:1326:14,17 28:23,2429:4,7,11,15,1829:19 30:12,2431:13,18 33:2334:4,22 35:236:17 37:18,2240:9 52:18 61:162:1,3,7,11 72:2273:3,11 75:9,1375:21 76:18,2179:5,6,10 81:2282:7 86:3,7,1187:2,8,9 88:1491:8,9,14 92:1995:18,19 101:6102:6 103:2,2,6104:7,11 106:11106:12

depositions 1:165:20 57:8,1176:14

derogatory 61:14

described 39:1642:13 43:14 55:470:4

describes 77:18deserve 61:6deserving 52:22despite 46:10destroyed 21:14detail 46:12,15,24

47:21 83:9 84:24details 69:11develop 80:10DEVELOPMENT

1:4 106:3Dickinson 6:12difference 46:19,21

46:22different 11:4

33:18 35:12 47:747:12 83:17,1895:2 102:7

difficult 41:2 69:1187:14,19

dip 83:11 85:1793:12,13,14

direct 27:5 86:21directing 13:15

14:10 16:10,1818:3 24:3,8,12,2427:2 28:22 30:2331:17 34:3 35:736:17 38:9 40:852:17 62:18 79:2180:16

direction 99:18100:8 105:10

disagree 10:10disagreement 55:5disbursed 88:9disbursement 82:9discovery 1:11,17

4:2 18:10 20:739:7 57:1,1059:23 60:1

discussed 36:2164:17 102:2,8

discusses 13:17discussion 63:12

98:16 102:23dishonest 20:14,15

21:3,3dismissed 20:20,22

21:6,14,19disobeyed 77:15distributed 42:14

43:5 44:4 45:1567:19 82:12,1489:2,12

distribution 42:544:9 45:1 88:697:11

district 1:1 4:1231:2 77:4,5,9,1377:15,17,21 106:1

Doc 24:19,20,21,2225:2

docket 39:2document 6:24 7:2

7:6,8,14 9:11,179:19,20 10:411:13 12:14 13:213:17 14:11,14,1814:24 21:9 23:6,723:11,21,24 25:925:12,19,19 26:1931:8,12 35:338:13 50:12 51:451:6,9,16,19 60:560:6,8,10,10,1160:20 64:21 75:2275:23 80:7,11,1981:7,8,9,11 84:387:5,6,7 88:17,2490:24 98:19,2299:6 101:14

documentation51:5 59:17 71:186:6 95:12

documents 11:8,1411:16 12:20,2413:2,5 19:2,17,2221:10,12,13 51:2052:10,13,15 54:954:10,12 55:457:9,10 59:2360:2 70:13,18,19

75:2 81:14 83:2Doherty 20:17

23:21 26:20 29:2232:7 35:4 37:239:20,23 94:1495:2,3

doing 44:10 56:1191:20

dollar 64:14 97:1999:12

dollars 63:7 79:3,4donation 88:7doppenheim@an...

2:5double 83:11 93:12doubt 31:14 58:1

61:12drafted 14:24,24Drive 4:15,17 6:12duces 7:9 9:22 11:5due 10:15 42:7,12

43:4 62:12 65:17duly 5:6 104:16

106:10duration 46:7

E

earlier 15:15,1736:21 44:19 45:1164:20 82:9

edition 74:6effectively 40:10

74:14effectuate 38:23effort 11:7 53:3

56:11 97:16efforts 54:2egregiously 89:21eight 53:3either 29:14 84:11eligible 47:14else's 36:14emergency 77:3Enhanced 2:20

4:14enriching 40:18enter 91:5entered 19:16

entire 40:22 43:1844:2 45:6,9 46:770:12 75:23 81:881:9 84:18

entirely 73:5entirety 89:11

95:13entities 88:7 90:14entitled 9:11 19:1

19:17 25:9 50:1472:24 80:19 89:18

entry 25:22envelope 31:1environment 40:21

56:7equitable 40:22

44:5,13 55:2189:9 91:1 96:21

equitably 42:1443:5

Esplanade 4:17essentially 56:9

88:6establish 44:3established 84:7establishing 30:15et 1:9 4:9,10 106:8evaluate 44:3 45:3

54:10 70:24 71:692:7

evaluated 55:20evaluation 47:24

66:21 70:11 75:789:8

evening 4:1events 57:14everybody 34:11evidence 18:10

36:23 77:14 99:2199:24

evidentiary 68:1469:5

exactly 48:10 61:984:15

Examination 3:1,43:6 5:9 96:6100:11

examined 5:7


Page 111

104:18example 45:14

52:19 54:13 74:882:8 85:8 93:294:5

exceed 13:19excessive 89:21

90:13excluded 19:6excoriated 39:1excuse 20:13 27:8exhibit 3:7,10,10

3:11,11,12,12,133:13,14,14,15,153:16,16,17 6:196:20,23 9:6,7,1010:4,8,8 11:11,1111:17,24 12:4,812:11 13:16 16:1116:19 18:4 20:2320:24 21:22 22:422:6,13,23 23:1523:16,19 25:1,6,825:21 26:13,14,1726:23 28:23 29:129:4,7,11,16,1829:19 30:24 31:1331:18 32:3,1733:23 34:4,2235:2 36:18 37:1737:18,22 40:952:18 62:2,3,7,1175:8,9,13,2176:18,21 79:5,679:10 81:22 82:786:3,24 87:1,2,8,988:14 91:4,8,1492:19 95:18,19101:6 102:6

exhibits 3:18 11:1312:24 13:8 15:1352:11

exists 60:6 71:180:9

expect 15:4 46:2459:4,11

expectation 17:11expected 57:2

expenses 43:1155:23 89:19

experience 5:19expert 16:7 100:19explain 20:19 30:21

35:18,21 36:185:3 94:6

explained 64:8 74:484:17 88:13

explains 55:12explore 39:7,8extends 46:10extort 53:4,11extraordinary

77:16eyes 54:1e-mail 15:15

F

F 79:22 80:2facsimile 49:21

50:4,6fact 13:13 14:22

25:8 38:18 43:1543:24 44:4 46:1082:17,17 83:285:9 88:10 95:1

facts 39:5 45:1163:7 66:18 70:1371:7

factually 24:2326:2 33:20 36:22

failing 77:7fair 54:3,24 55:21

89:23 100:9fairness 26:18faith 77:11familiar 95:3,4Fannin 2:15far 10:2 34:16

46:11 56:20,2178:13 82:2 87:597:18

farther 46:23Fauley 1:3 4:9 37:3

106:2fault 50:11 82:20

82:22

favor 24:15fax 41:7,10,14,15

42:17,17,24 43:145:19,20,21 47:847:9,9,19,2149:12 50:8,15,1650:19,20,22 51:182:16,18 83:884:22,23 90:2193:21 94:2,4,8,994:12,18 98:8,1498:22,24 99:2,1299:13,15,15,19,2099:22 100:6,7

faxed 90:24faxes 41:13 45:15

46:14 82:18 85:985:10

FedEx 31:1,10FedEx's 31:16fee 12:1 42:8,13

44:6,15 48:853:23 54:21 55:155:4,22 63:1866:6 77:21 89:2090:5

feeling 5:19fees 43:11 44:11

53:1 54:8 55:1789:19,22 90:297:18

fictional 90:6fides 39:5figure 44:6 48:7

64:15 71:23figures 45:11 66:18

66:19,20,22,2467:3

file 20:16 23:1230:7 34:15 36:1465:18,20 70:1275:2,7 78:1879:12 80:7 89:494:22

filed 4:11 7:21 9:1318:5 21:7,8,21,2322:16,21,24 23:2126:19 30:4,16,18

35:22,24 36:1,537:1 38:7 39:1743:16 48:10 55:1263:5 64:9 65:480:23 81:4 86:295:22 101:5

filing 36:9 77:382:2 95:8

fill 49:19 94:15filled 35:19 49:11

49:16finally 77:21financial 38:24find 55:4finding 33:13 77:14finds 69:16fine 20:9 55:2

103:17finish 5:23firm 16:3 17:7 36:1

36:4,11 37:1040:4,5 41:1949:15 79:23

firms 17:9first 2:14 5:6 7:7,11

7:16 9:19 15:726:22 41:18 45:1450:10 79:22 86:10101:22 104:16106:10

five 24:9 88:7,1098:2

flip 79:17follow 73:4following 102:19follows 5:8 22:20footnote 26:6,8,9

36:21 39:1,4 40:952:18,19 73:2374:2

foregoing 104:19106:12

forgive 31:20form 27:9 34:10,13

35:9,11,15,15,1936:9 41:14 46:849:11,14,16,19,2367:5 82:16 88:6

94:15 95:8forth 56:22 90:3

94:11 104:14forum 10:18found 24:23 26:1

33:20 70:17four 11:15 12:1

32:11 88:9fourth 74:5frankly 48:1 95:12fraudulent 30:15

30:17 33:7,1034:2 66:19

fraudulently 94:5,794:16

fruition 86:5full 85:20 101:22fully 77:21fund 41:20 43:18

89:1,21 90:7funds 41:22 82:9

87:16 89:2,6,1289:13 99:18

further 47:5,2484:7 89:4 90:1696:1 100:11102:12 104:19105:6

furtherance 97:6furthering 97:2future 20:2F.R.D 37:24

G

gain 38:24gained 40:13 74:17gains 40:15 74:19game 77:13general 57:6,7,17

57:18,19,24 61:4generally 56:16

57:8,18,20 61:19gentleman 27:10

27:14getting 32:16 41:1

41:4,6 42:12 43:943:11,14 54:17,2156:4,9 91:8 97:22


Page 112

give 24:4 32:1848:2 67:17 69:1870:11,24

given 12:14 24:1645:18 54:23 64:1090:1 93:10

gives 99:2giving 45:11 62:9gladly 64:4go 8:6 15:6 18:22

21:16,18 22:1144:10 46:7,1147:4 49:18 53:1956:22 57:21 64:664:15,16,22 68:1269:19 80:24 86:1488:18

goes 28:18 88:8going 6:6 11:15,22

17:1 19:21 27:4,732:11,18 33:4,947:11 51:10 54:1557:24 62:21 68:1770:10 71:13,1972:7,10 76:782:22 86:16,1988:16 91:7,9,1994:20 96:12,14,1699:7,18 102:17

good 2:2 3:4 4:1,214:21 5:10,11,116:18,22 8:12,158:18,21 9:1,3,910:1,22 11:3,9,2013:7,12,14 15:1615:20 18:18,2419:4,13 20:9,1220:16,23 21:7,921:15,17,20 22:822:11,14,18 23:523:15,18 24:626:12,16 29:15,2130:5,8,15,21,2331:13 32:4,7,1032:18 33:7,11,1433:19,23 34:3,1934:21 35:1 37:1737:21 44:9 45:22

47:13 55:24 56:157:7,18,22 58:1158:21 59:2 61:1361:20,23 62:1,6,963:14 66:11 67:968:1,5,8,13,2469:3 71:10,15,1873:19 75:3,8,1275:20 76:6,1778:15 79:2,5,981:18,21 84:6,1084:15 85:13 86:1486:21 91:13,18,2296:1,13 100:12,13101:15,18 102:3,5102:12,13 103:9

governed 76:13grab 30:24granted 77:20Grants 75:15Great 76:6greater 55:14grip 41:19grounds 18:8group 42:22guarantees 90:7guess 30:9 85:5,18guys 22:5 60:19

67:22 68:6

H

half 26:22 38:1079:2,4 83:4 90:19

hand 82:16 83:1,587:1 89:10 94:8

handed 6:22 9:921:21 22:3,2323:18 26:16 32:1435:1 37:21 62:1175:12 79:9

handle 37:7 91:19hands 49:15handwritten 91:17

91:18 95:22handwrote 28:19happen 99:4happened 39:19

47:8 95:2

happy 34:17 61:10hard 85:4hard-working

52:23head 5:21hear 48:1heard 12:23 69:7hearing 26:18

68:15 69:5 77:1077:12

held 94:9helpful 61:7hereinabove

104:22hereto 105:7Hertz 20:17 23:21

26:20 32:5,8 35:437:2 39:20,2394:14 95:2,3

HICKLIN 1:5106:4

Higgins 79:22,2380:2,4,7,13,13

high 97:9,14hijack 52:22hold 32:12 64:6

71:8Holiday 86:12home 6:11 31:1Honor 34:15hour 1:18 100:20hourly 42:8 44:15

54:21 55:1,2289:19 97:9 98:3100:14

hours 66:5,10,1467:7 68:7 97:1,697:19 100:23

housekeeping76:12

Houston 2:15Howard 2:14 3:6

4:23,23 8:8,13,178:19,22 9:2310:10,19,24 11:413:6,11 15:1118:16,21 19:1,519:11,15 20:3,15

20:19 21:2,8,1021:16,18,24 22:1624:5 29:13,2030:3,6,9,13,17,2231:12 32:6,9,1633:4,9,12,15,2234:1 47:11 57:657:16,20,23 58:458:6,13,18,2460:22 61:3,9 62:863:10 66:10 67:2268:3,6,10,19 71:471:8,13,16,19,2372:2,7,12,14,1972:23 73:2,7,1073:14,16 74:2475:5 78:10,2381:16,19 84:2,984:13 85:1 91:1296:7,8,15 100:2,9101:12,14 103:1103:11,14

Hull 38:14,20 39:7Hull's 38:11,13,18

39:6,8humbly 28:13Hydroxycut 62:14hypothetical 68:4

I

idea 26:1 38:839:21 56:13 76:6

IDENTIFICATI...3:9

identified 10:4identifier 34:11,12identify 4:19ignore 77:2IL 2:4,10Illinois 1:2,14,18

4:7,12,15,18 5:149:14 76:16 104:1104:5,12 105:12106:1

ill-founded 74:9ill-gotten 52:24image 47:20impede 90:14

implementation74:11

implication 99:3important 57:14improper 72:21

74:7improperly 52:21inappropriate

52:24 54:18incentive 13:17,18

101:7incidentally 64:18include 65:15includes 7:14 79:11inclusive 106:12incompetence 46:5

82:19incompetent 46:4incomplete 84:21incorrect 30:8

55:17 73:9independent 92:14INDEX 3:1,7indicate 45:20 84:5

84:6 97:5 98:7indicated 4:5indicates 28:20

45:13 99:11indicating 13:1

42:18individual 99:7Individually 1:5

106:4individuals 43:12inflated 89:20information 35:18

45:5 48:3,4 55:2059:20 67:16,23

initialed 15:10inject 53:2injury 16:8,8Inn 86:12instance 94:24instances 93:13instruct 20:3insufficient 24:24

26:2 33:21 36:23Insurance 1:9 4:10


Page 113

106:8intended 91:1intention 25:22intentions 78:13interest 78:9,12

87:15 90:15interested 105:3interests 96:22interpretation 14:3

14:4 47:17 93:10interpreted 83:15

83:16interrogatories 5:7

104:18investigate 27:11investigator 28:1involved 54:23

66:13 78:4involving 28:8IP 38:14 39:6irrelevant 19:19

21:24issue 8:23 30:12

35:15 47:18 55:1663:8 85:2 102:2,9

issued 35:11issues 63:2 95:4

97:3items 64:20i.e 90:19

J

January 1:19 4:4104:6 105:13

Jeffrey 16:20 34:1435:3

Jersey 31:3job 22:10Johnston 12:9

16:23Jr 1:12 2:18 3:3 4:3

5:5 7:8,22 9:1315:6 18:5 79:1379:14 80:20 104:7104:15 106:10,16

Judd 1:12 2:18 3:34:3,24 5:5 7:8,229:13 14:20 15:5,6

15:12 18:5 79:1379:13 80:20 88:20104:7,15 106:10106:16

judge 20:5 54:2255:3 68:21

judges 60:3 95:14Judicial 1:1 4:12

9:14 106:1jump 38:1June 23:22Junior 14:21 15:1,5

28:18,19,22,2429:3,9,14 30:1430:19,20

jurisdiction 72:1872:23 73:10

justifiable 39:6justify 66:6,15

K

keep 5:20 28:1332:11 38:1 42:1750:5,6 54:15

Kellogg 64:11Kendall 104:2,5

105:12kept 47:9kin 105:4kind 57:3knew 80:13know 6:2,5 8:4,9,15

9:20 11:21 14:5,915:4,7,21 17:7,1821:18 22:4 24:925:3 27:21 30:1830:19 31:20 33:1535:13,24 37:1641:18 47:24 49:149:13 50:6 51:651:18 53:7,1355:8,18 56:2458:8 60:6 61:2164:2 65:5,21,2466:2,4 68:19 71:672:2 75:1,6 78:578:11,15,24 80:280:8,10,13 82:2

82:15 83:3 85:787:21 88:1,2289:3 93:9 95:1198:21

knowing 15:143:20 78:5 96:16

knowledge 13:2214:6 17:4 37:1347:13 57:19 80:689:16 93:7

known 89:7knows 8:14 28:21

L

labeled 80:17lack 62:13Lake 1:2 4:12 9:14

106:1large 63:6,15,18

89:16law 16:3,12 36:1,4

40:4,5 49:1575:15 79:23

lawsuit 7:22 18:6lawyer 8:14 30:6,7

30:18 37:6 39:1868:20,21 73:2

lawyers 17:5 42:642:14 43:4 44:1554:16,20 73:11

lays 48:10lead 18:9Leading 99:23

100:4leave 20:11 79:12left 25:12 28:19legal 2:20 4:13,14

6:16 8:8,10,14,1714:5 18:16 30:753:1 71:14,2072:3,4 88:2395:12

legalities 80:9legally 24:23 26:2

33:20 36:22 71:1771:18,19

legitimate 92:9,12let's 11:13 23:15

37:17 76:4 86:1494:5 95:21 102:14

level 43:13 46:1946:19 47:19,2082:10,11 83:7,883:12,12 84:10,1184:16,16,20,2285:7,14 96:11

levels 83:17,18 84:884:8,8,11 102:7

levy 40:10 74:14Lewis 2:13 12:5

16:12liberty 15:8License 105:19Life 1:9 4:10 5:2

37:3 42:19 90:22106:8

Life's 42:20light 36:23 39:4

43:15limit 19:8line 27:7 33:2 34:5

34:9 62:22 63:1lines 27:3Lipkin 79:23Liskow 2:13 12:5

16:12list 27:18 38:14listed 50:19 56:3

88:8,13 95:18listening 61:11

68:20listing 39:3lists 18:4 50:20Literally 40:13

74:16litigated 23:3litigation 37:24

53:3,7 57:3,2462:14 66:12 69:2070:5 74:5,1389:24 97:7

little 22:9 74:10lives 38:20LLC 2:8local 5:16 88:8located 4:6 38:17

lodestar 44:9,1289:22

long 12:2 86:8100:6

look 28:17 49:1367:10,12 92:2101:17

looked 59:18 60:7,960:11 67:15 68:24

looking 23:8 26:2129:20 31:14 62:2374:1

lost 68:21lot 56:11 82:23,23

82:23loud 5:21LOWE 1:5 106:4

M

M 2:2,3Madam 22:14mail 31:8,9,16

49:12 103:5mailed 103:3main 46:6majority 58:1making 8:9 75:7

84:3 92:21manner 90:1Manual 74:4mark 6:18 11:13

20:23 23:15 26:1334:21 37:17 61:1362:1 75:8 79:591:4,7

marked 3:9 6:21,239:8,10 11:18,2312:3,7,10 21:123:17,19 26:15,1734:23 35:2 37:1937:22 62:4,1175:10,13 79:7,1086:22 87:4,791:15 92:19

Marketing 62:14match 25:10math 93:9matter 4:9 17:13,16


Page 114

21:23 22:24 23:335:22 37:15 38:740:20 43:22,2459:14 76:12 81:490:17

matters 37:7 70:10maximum 92:22,24

93:7,15McBean 69:22McBean's 69:24Meadows 1:18 2:4

4:7 10:23 104:12mean 8:19 10:24

11:2 13:23 15:419:18,19 30:1331:14 36:5,941:21,23 47:348:1 55:18 56:660:17 61:3 63:1163:16 66:8,2070:10,21,23 71:1680:12 81:16 84:292:3,13 93:1,1093:24 94:3,6 95:495:11

meaning 14:5means 83:23media 102:18mediation 57:13

59:9mediations 59:15

60:4member 7:17,20

35:12 45:6 48:382:10 90:20 93:893:11 96:14,15

members 24:1740:24 41:17 42:542:7 43:5 45:347:14,18 48:1152:23 54:17 55:1359:11 63:17 67:382:20,21 84:889:3,23 90:1192:11,22 96:1197:12,14

membership 44:22memorandum

23:20mention 81:6 101:7

102:7mentioned 43:10

93:20 102:10mentor 61:23mere 99:1merely 77:12merit 74:10met 37:3 42:19,20

64:17 90:22method 44:9,12

47:3 89:22Metropolitan 1:9

4:10 5:2 106:8Michael 35:12Michigan 2:9middle 38:2 62:19million 24:17 41:21

44:8 48:7 63:1463:23 66:7,1567:18 79:2,488:24 89:11 90:690:7 91:23 92:497:20,23

millions 63:7mind 66:17 86:5

91:4minds 15:6mine 32:9,18,19

101:15minus 31:23minute 53:2 75:21minutes 15:18,18

81:17 88:13mischaracterizes

101:12mislead 80:12misrepresentation

89:1misspelled 27:15misstating 33:24mistake 24:7 36:8MJ 4:16moment 25:24

69:10monetary 90:4,4money 17:12,24

40:24 41:16,2053:4,11,19 55:1355:14,15 56:564:23 65:22 78:2282:12 92:10

monies 54:4 93:11morally 71:17,18motion 79:11,12,15

82:3motions 77:4Move 68:12multiple 51:17,20

73:11

N

name 4:13 5:1114:20 27:16 30:1430:19,19 35:2236:14 52:2,480:11

named 27:10,14narrative 44:1National 75:14nature 15:22necessary 78:21need 5:20 6:4 11:21

48:3 66:17,18,2270:18 71:1,24

needs 41:19 43:2243:23 44:5

negotiations 57:13neighborhood 64:5never 10:12 11:6

13:19 58:6 94:22nevertheless 77:2new 11:7,13 31:3news 45:22Ninth 75:15 77:4

77:19nod 5:21normal 57:3North 2:9Nos 11:18 24:19Notary 1:13 104:4

105:12,19 106:23note 28:18noted 20:1notes 95:22

notice 9:12,21,2110:2,13,14,2124:21 30:12 49:2450:2,3 51:11,1777:10 79:11,15

November 12:826:19 41:24

number 4:11 21:923:6,7,21 24:725:11,12,14,18,1926:6,19 33:134:19 35:4 36:939:2,4 49:2,450:19,20,21,2251:1,12 63:1766:17 98:10,10102:18

numbers 25:10,1741:23 44:24 48:1550:15 55:1 69:13

O

oath 41:13 106:11object 20:20,21

21:24 33:4,947:11 55:7 56:567:22 71:13,2072:3,7 82:1197:22

objected 19:1127:11 38:15

objecting 67:2192:8

objection 18:7,1620:1,16 21:4,7,821:13,21,22 22:2222:24 23:1 25:125:19 26:2 27:927:18 28:16,1829:21 30:3,1632:7,10,11 33:1033:16 35:9,2138:7,18 39:17,2240:19 63:10 64:664:15,16 65:8,1271:8,8,24 72:1,2072:21 74:3,10,2475:5 78:10,23

79:12,13 80:19,2281:4 82:3 86:1,2,488:12 94:13 95:2196:20 99:23 100:4101:7 102:5,7

objections 7:8,157:16,21 8:1,5,8,98:11,14,17 12:518:5,11,23 19:1420:2 21:20 22:1722:21 24:18,2127:19 33:7,1836:22 37:1,7 39:639:8,10,19 62:1263:5 64:9 65:1,2,469:19 71:11 72:1774:6,9 81:21,2382:6 88:15,20,2492:1,3 95:17101:5

objectively 90:14objectives 53:13objector 2:17 4:24

11:24 14:8 27:1338:17 39:14 52:2153:15 67:24 68:10

objectors 38:2140:10,12 62:1368:7 74:7,13,1675:16,18 77:6

objector's 103:10obtain 74:23obtained 35:14

41:19obvious 85:18obviously 67:16

87:24occasions 41:8 99:4October 12:2 14:12

80:23offer 78:14offered 68:8 102:10offering 71:10office 28:21 31:2,4

31:16 37:11 52:16offices 4:15,17

16:12official 103:7


Page 115

105:11oh 25:17 26:8 31:5

31:11 50:6 58:487:5 94:6

okay 7:3,7,14 8:68:12,19,22 10:1,611:3,9 13:7,10,2217:4,9,15 18:320:3,8 23:2424:12 25:13,17,1825:24 26:4,8,1227:6 28:13 30:2231:17,22,23 32:232:9 33:14 34:836:3,8,13,16 38:239:13 43:7 45:2447:18 48:9 49:1651:3,10,14,2152:17 54:19 58:2159:2,6 61:18,2462:20 65:10 66:568:3 69:3 71:272:10 73:10,14,1673:22 76:6,17,2378:19 79:18,18,2080:16,18 81:3,1881:19,21 84:985:16 86:1 87:1288:1,12 92:1893:15,19 94:1395:1,16 96:1597:5,10,18 98:1,598:13,18,21 99:699:10 100:2,9,21102:12

old 99:15Oleander 6:12Once 28:10ones 28:11one-third 43:9 54:7

66:6,15ongoing 48:14open 20:11 48:16opinion 23:20 72:3

96:17opinions 70:11,24Oppenheim 2:3

4:21 10:15 19:7

19:12 20:1,1022:9 30:11 32:158:2,5,16 61:1,761:11,16 68:1271:21 72:1,5,1072:13,16,20 73:173:6,9,13,1576:12 84:14 96:299:23 100:4 102:4102:14 103:13

opportunity 76:1876:20

opted 24:17option 91:22oral 5:7 104:18order 18:21 19:16

22:1 23:20 39:753:19 62:12 66:1477:3,15,21

ordered 17:16 20:720:13 59:9,12,1477:5

orders 60:2origin 27:24original 103:16

105:7originally 68:15

69:6ought 44:8 45:17

54:1outside 82:6overbroad 18:8Overdraft 74:13overwhelmingly

24:14owed 65:23o'clock 86:20

P

PACER 21:15page 3:2 7:5,15

9:11,19 10:3,513:17 14:10,1115:7 18:4 23:1024:8,13 25:1526:22 27:3,528:24 29:4,6,1230:23 31:17 32:2

32:20 34:6 35:836:18 38:2,3,9,1040:8 51:17,18,2052:18 62:17,1973:23 76:24 79:1779:22 80:16,21,2180:24 81:1 86:2287:3,10 88:17,2388:24 90:1 101:17101:18,19,20

pages 7:7,11 12:232:11 80:17 81:1392:19 106:12

paid 31:15 43:9,1191:24

Palmer 69:24Palmer's 69:22paper 22:5 49:16

49:20,23 82:1683:1,5

papers 27:17 38:1138:13

paperwork 36:6paragraph 13:16

18:4 35:8,1338:10 62:23 68:1369:1,2,4,15 73:2287:12 101:22

Pardon 91:11part 13:18 14:8

27:18 47:19,2074:2 83:7 86:188:14 101:6

participant 23:2particular 51:9

76:1particularly 63:16

64:10parties 4:20 69:17

82:24 105:5partner 96:21party 59:4 73:3,12

76:14paths 15:23pattern 95:1pay 47:1 61:10 64:5

103:10payment 13:19

65:15 69:18,2171:11 89:15 92:4102:8

payments 17:9payout 92:5PC 2:13PDF 15:17pending 6:6 22:13

46:17 53:8 66:12people 45:19 46:13

56:7 67:7 84:1284:21 93:1,1,2,5

percent 7:5 44:6,1644:17 53:23 57:2363:18 88:8 89:20

percentage 89:16perception 56:19period 16:9 28:12

46:10,13,23 47:148:16 84:19,2385:10,14

person 5:22 59:476:15 83:11 85:785:17 92:16 94:994:21,21

personal 16:8,838:24

personally 36:1182:1 98:4

persons 1:6 41:342:24 56:3 106:5

persuasion 83:16pertaining 1:15Peter 79:22 80:2phone 12:16,17,18

13:4 44:21 49:251:12 91:20

picture 91:20pie 67:18piece 41:5 82:16

83:1,4place 101:24 102:1

104:22placed 65:18,19

89:6,11 93:11plaintiff 4:9 27:13

37:14 54:5 56:2258:10,14 92:6

104:8plaintiffs 1:7 2:6

4:22 5:12 38:1439:6 43:8 52:656:4 58:6 90:1296:10 98:6 106:6

plaintiff's 9:1112:16 63:6

PlatePass 32:5playing 77:13PLC 1:5 106:4pleading 30:7please 4:19 5:4,23

6:1,5,6 20:1 73:573:24 75:21

plenty 58:19plus 54:22 89:19

93:4,16 99:2point 24:13 44:19

86:4pointed 19:10points 24:9pop 85:11portion 12:22 41:9

43:12posed 48:19position 92:15

99:10positive 24:14possession 99:24possibility 80:9possible 48:14 54:6

71:2 75:3 83:1984:10,16

possibly 14:7 52:5post 17:23,24 67:6

77:8 78:19,2279:3

posted 77:8 78:17posting 17:16,19postmarked 38:19potential 24:16

67:18 89:3power 11:24practices 39:9

62:14practicing 77:17predate 46:15


Page 116

prelude 12:23premature 90:16premium 42:9

44:15,17,17 54:2355:2,24 83:389:19 98:2

prepared 34:15preparing 86:6pres 87:16 88:1presence 57:12

99:1present 2:19 7:18

7:20 11:1 13:13104:13

presented 12:23pressure 69:17presumption 36:12prevent 76:14previous 12:16

52:11previously 38:15

68:24 104:13printout 32:4prior 6:6 8:2 14:15

27:18 69:12 77:24pro 30:10 42:5

43:14 44:8 67:2089:12 92:11

probably 28:1256:11 64:11 79:486:9 100:23

problem 11:2 85:5problems 65:10,13Procedure 1:14procedures 57:3proceeded 77:9proceedings 71:12

103:18process 64:7,8 65:5

74:4 87:14,1992:16

produce 19:8 60:21produced 15:14

66:20,22 68:170:20,21

producing 67:23production 57:9

95:5

professional 27:1227:13 38:17 39:1440:10 52:21 74:13

promises 82:23proof 50:14proper 71:16 75:7proportioned

92:10proposal 85:6,24proposed 24:17,19

63:3 90:2Protection 51:22prove 84:23provide 11:8 45:16

48:14 51:12 55:1968:7,8

provided 8:2 11:1413:1,6,8 45:3 47:952:9,13 59:1960:10 85:21 90:2193:21,24 94:1,794:11,14 95:5

provides 43:8 49:2providing 13:3

77:10 94:21provisions 1:13public 1:13 67:4

104:4 105:12,19106:23

published 50:875:14

pure 68:4purported 41:21purportedly 40:15

74:19purporting 38:21purpose 1:16 40:19

47:9purposes 74:7pursuant 1:13 5:14

10:7,11,20,2011:1 19:10 22:1

put 15:5 29:1341:20 42:8 63:2063:21,24 64:172:11,13 97:16

putting 17:12p.m 1:19 4:5 76:8

76:11 86:17,20102:17 103:18

Q

question 3:20 5:246:1,2,5,6 9:2,317:22 18:18 20:1020:18 22:13 23:435:23 46:17 51:1558:22 59:1 60:766:9,9,21 67:5,1571:4,9,10,21,2273:18,20 76:1379:1 87:22

questionable 69:20questions 17:1 19:2

19:5,9,23 20:639:5 48:18 49:3,551:13 85:2 96:3,596:9 100:10104:21

quick 16:10 31:2176:23 88:22100:13

quite 31:20quotes 28:19

R

R 2:9raised 40:15 74:19rata 42:5 43:14

44:8 67:20 89:1292:11

rate 97:9 100:14rates 98:3Ray 37:23reaction 24:14read 14:3,3 22:15

22:18,19 25:14,1625:20 27:7,2033:1 36:20 38:239:12 50:23,2453:6 64:13,1970:2,7 73:2274:21 75:22,2376:2,18,20,22,2377:23 79:19 81:881:9,13,14,15

84:2 85:23 88:1688:22,23 92:1895:11 103:1,3,7106:12

reading 14:1428:13 62:16,2178:1

reads 24:13 35:8,1338:13 40:9 52:1968:13 69:4,1587:13

real 16:10 76:23realistic 41:23

43:20really 15:3 19:20

30:13 41:20 48:548:14 66:9 99:7

reask 18:19reason 6:4 41:5

42:17 56:8reasonable 40:22

42:13 54:22 60:24reasonably 18:9reasons 46:6recall 9:18 13:2

14:14 16:13,2424:2 32:13,2249:4,6 50:1859:22 60:9 69:1192:23 93:22 98:16102:9

Receipt 90:13receive 13:24,24

14:7 41:9,1747:19,20 48:1253:19 56:1 82:1783:3,8 89:14 90:390:8,11 91:192:22 93:2,894:23 96:14,16

received 41:1342:18 45:20 49:2149:22 51:8,952:15 54:5 55:1355:15 85:9,9 86:986:11 88:4 94:22

receiving 43:12,1753:23 55:22 66:15

83:8 93:5 96:20Recess 76:9 86:18recipients 91:1recognize 7:6recollection 32:23

88:11recommendation

18:2record 4:2,20 9:5

11:10,22 12:1313:7 22:20 41:1041:14 42:20 43:144:19 50:23 73:776:7,10 83:285:11 86:14,16,1988:17 90:24 91:599:11,17 100:7102:17,20,24103:9 104:20

records 35:1042:20 44:1,2145:2,20 46:6,9,1146:12,12,15,2447:4,22 82:1883:10 84:18,20,2485:8 90:24 97:597:21 99:20

recovery 13:23reduced 104:9refer 73:23reference 23:11

25:13 33:12 50:1551:23

references 10:17referred 28:11

52:10 104:22referring 15:14

25:23 44:21,2345:10 50:12 51:1952:14 101:21

reflect 44:1 55:9reflected 64:20

65:3reflecting 100:7reflection 88:19refrain 20:2refused 68:6refusing 103:10


Page 117

regard 22:13 23:239:10 42:23 44:1078:14 98:17

regarding 12:2039:3 67:3 69:12

regardless 13:2320:12 48:2 58:782:19

Reid 63:2 69:6,7Reid's 64:4 69:16reimbursed 92:7related 12:4 19:2,2

70:21,22,23relates 7:17,18relating 48:18relationship 39:9

80:10relevance 33:5

63:10 72:8,8relevant 33:8relief 89:15remainder 90:15remark 61:14,17remember 32:16

34:10 69:14 92:2498:20

remind 5:18rep 101:7rephrase 58:21reported 104:8Reporter 4:16 5:3

5:22 6:18,22 9:911:20,23 12:3,712:10 22:14,1923:18 26:16 32:1534:20 35:1 37:2162:10 75:12,1979:9 87:7 102:21103:4 104:4

Reporting 4:17represent 4:20 5:12

10:6 11:9 12:1326:4 43:7 46:448:9,13 50:751:11 53:14 73:1285:13 90:12,1596:22

representation

12:4 84:4representative

56:18representatives 1:6

41:4 43:10 56:1456:24 57:5,1559:3,9,14 60:3,1292:21 96:18101:11 106:5

represented 16:1516:19 37:14 55:1167:2 83:6 96:1096:13

representing 4:144:23 5:1 7:1916:14 30:9 42:652:6 54:16,2056:4 82:21 92:6

represents 7:2138:21 73:2

reproduced 105:9reps 97:15request 18:7,15requested 6:21 9:8

11:19 21:1 23:1726:15 34:24 37:2060:20 62:5 75:1179:8 91:16

requests 9:22 11:10required 56:17,19

56:20 57:1,1558:18 66:6

requires 58:9103:11

requiring 60:3reread 70:8research 52:7

60:14reserve 89:7,11resolution 89:24resolved 65:11,14resolving 77:22respect 10:15respond 11:8 60:18response 18:7responses 8:2,4,6

8:24responsibility

105:9responsive 9:2,3

23:3rest 51:3,6 56:5,10

88:9restate 71:22restitution 89:15restructured 40:14

74:18result 84:20retained 16:2,6,7

16:22 78:12 90:21retainer 29:10return 103:16reversionary 87:15revert 89:13review 55:3 70:12

70:18 75:15 95:13reviewed 55:20reviewing 75:1,6

86:6 100:22revise 43:21revisit 44:6reward 44:14rgood@anderso...

2:5ride 56:23rider 10:2 11:4,7

19:3ridiculous 72:16right 14:20 23:9

50:19 62:8 72:580:17 85:2 86:2287:10 88:18 91:1099:22 101:20103:4

risk 42:9 44:1654:23 89:19 98:2

Roach 12:9 16:22Road 1:17 2:3 4:7

104:12Rolling 1:17 2:4

4:7 10:23 104:12Ross 2:2 4:21 5:11

15:13 22:5 31:2034:6 44:23 61:2268:17 76:16

ROTHSCHILD

1:4 106:3routinely 38:21

57:14rows 36:20rule 58:9 73:14

76:13,16 103:11ruled 95:15rules 1:15 5:14,15

5:16 73:4 103:8

S

s 7:8SABON 1:3 106:2Sales 62:14sanctioned 77:7sanctions 77:18SANDY 1:4 106:3saw 27:20 39:12

51:23 53:6 70:274:21 95:11

saying 10:19 36:348:1 50:5,6 57:2061:3 85:18 92:24100:2

says 5:23 14:1121:11 26:5 32:5

scanner 91:19schedule 60:17scheduled 68:15

69:6Schultz 27:10,10

27:21,23,24 28:15Schultz's 34:5,10Schulz 35:12Schulz's 35:14,19Scott 52:1,3screen 4:6 30:24se 30:10seal 105:11searchable 101:15second 7:18 13:16

24:22 32:12 33:235:7 38:9 45:1686:15 87:12,12

section 74:5see 7:9,23 9:15

13:20 14:12 15:918:11 20:5 24:21

26:6,7,10,10,2027:19 31:15 35:535:16 37:24 39:239:11 40:16 48:349:14 50:14 51:1653:5 54:11 62:1564:12,13 66:18,1867:12 69:24 71:174:12,20 75:1877:22,23 79:14,1879:23 81:6,987:17 92:3,9,9,1094:17 95:13,21101:13

seek 19:2 78:1290:16

seeking 74:8 78:8seen 6:24 7:2,11 8:1

8:4,5 9:17,18,199:21,23,24 10:510:12,16 11:623:24 51:18,1955:18 56:15 57:957:10,10 59:1660:2,5 81:10,1184:5

segregating 45:19segregation 42:16select 90:12send 31:10 103:15

103:15senior 69:10sent 15:16 41:15

43:1 45:21 50:3,550:7,15 51:459:23 82:18 83:294:3 99:21,21100:7

sentence 14:4 87:13September 23:12

62:15serial 38:17 39:14

75:17seriously 58:1serve 78:8served 10:16 11:5

39:6serves 90:13


Page 118

services 100:17,18100:19

set 41:22 55:256:22 86:11 90:2104:13

settled 99:8settlement 7:23

12:5 18:6 20:2121:4,5 24:16,1824:19 27:17 32:536:24 38:15 39:1040:23 41:20,2243:8,18 52:2256:9 57:13 63:3,463:6,15,18 64:765:11 66:16 69:1269:21 74:12 75:1781:23 84:3,4 85:685:24 87:13 88:1589:1,21 90:7,1693:6 98:8,18 99:6100:22

settlements 27:1138:22,23 40:11,1474:15,17 91:2

seven 66:13Shaun 1:3 4:9

106:2shill 28:17Shorthand 104:4shortly 48:12shoulders 5:21show 11:12 34:17

35:10 38:14 41:741:10,14 58:977:6

showing 43:1 46:1284:7 85:8 97:1

shown 78:7shows 47:8 60:12

98:10 99:20shrug 5:21sic 4:7 75:14sides 82:24sign 40:3 102:22

103:2,3signature 14:17

29:6 79:24 102:21

103:17 105:1,11106:13

signed 14:11 40:1103:8 105:8

significantly 74:11signing 14:15similar 7:1 9:22

39:19 94:13similarity 94:17similarly 24:15similarly-situated

1:6 106:5simple 45:22simply 53:14 90:20single 73:12sir 6:9,17 7:10

16:17 30:8,1243:23 45:7,2246:23 52:2 73:695:24

sit 67:20 95:13sitting 58:17,20skim 80:21slash 89:8slight 43:14SMITH 2:8solely 52:24somebody 36:14

47:4,8 82:15 83:194:1,11,14,15,2196:20 98:21

somebody's 66:23somewhat 43:2sorry 15:11 17:1

24:6 34:6 44:2362:6 85:23

sought 13:19sounds 82:22so-called 33:13span 28:11speak 69:23 72:24

73:11 76:15speaking 20:2

56:17 72:17 73:5specific 7:14,16

102:1,9specifically 25:23

51:23

speculating 61:4speculation 74:24

75:5 78:10,23speculative 28:15spells 27:16spend 81:17 100:21spent 97:2,6,19,20Splayt 1:12 4:16

104:3 105:18split 85:21spoken 80:4sponte 77:5spouting 44:24

66:24ss 104:1stand 42:21 58:12

58:15 90:3standing 62:13stapled 51:7stapler 22:6start 7:15 27:4

62:21 68:17started 72:21starting 27:7 34:5,9

38:10 69:1state 1:14 45:12

103:9 104:1,5stated 52:20 55:12statement 12:11,20

14:5 21:2 67:17states 13:18 18:7

23:23 26:6 34:4,974:2

stay 77:4stenographically

104:9step 67:9 72:10

77:16stood 63:6 77:11stop 73:5Stores 52:20Storick 52:1,3Street 2:15strike 18:18 26:4

28:4 52:12 53:1667:10 76:19 78:595:16

striking 62:12

stripes 72:13strongly 36:24structure 93:6Study 75:17sua 77:5subject 10:14 18:10

19:13 90:23submit 31:15 43:6

46:16 47:20 49:949:12

submitted 27:834:5,10 46:1449:14 67:17 79:2288:4 89:5,17

submitting 49:693:21

subpoena 7:9 9:2210:11,20 11:1,519:10 86:10,10,11

subpoenaed 69:8SUBSCRIBED

106:18substantially 7:1

56:10substantiated

53:24substantiates 34:16success 64:10suggest 28:14suggestion 61:2suit 59:5 94:10,19Suite 1:17 2:3,9,15

4:7,18 104:12suits 37:8sum 41:23 53:19

55:23summary 75:15

77:20Summerset 4:15supports 36:24supposed 47:6Supreme 1:15 5:14

5:15 76:16sure 8:7 33:5 35:23

46:1 50:11 61:1063:9 69:9 70:671:4 72:19,19,2373:1,15,21 91:18

92:15 94:8swear 5:4sworn 5:7 104:16

106:11,18S-t-o-r-i-c-k 52:3

T

T 2:14table 51:15 58:17tactics 70:3take 5:22 6:4 20:4

30:11 51:14 58:1158:15 60:17 61:1666:23 70:8 75:2176:4 81:19

taken 1:12 4:3,85:14 10:7,11,1444:16 104:8,11106:11

talked 60:15 64:2069:14 82:8

talking 22:4 25:331:12 33:5,1747:12 56:6 57:1663:11 64:24 72:1272:15 85:19 91:1291:13 94:17,20

tax 40:11,11 74:1474:15

tecum 7:9 9:22 11:5Telephone 2:8

51:21tell 60:22 61:5

66:11 81:16104:16

tells 61:11temperature 31:24ten 47:22 81:17

83:10 100:24term 33:10 34:1terms 56:21 64:17

102:10testified 5:8 46:8

55:8,10 70:15,16testify 69:8testimony 63:12

69:16 78:14Texas 5:15 6:12


Page 119

11:5 38:18,1986:12

Thank 6:10 9:413:12,14 15:9,1923:5 26:12 36:1640:7 61:1 62:1873:7 79:20 85:1691:7 93:19 100:10102:15

thereabouts 42:1thereof 1:15thereto 39:3thing 67:6 76:3things 8:16 19:18

47:12 55:21 60:2382:6 100:13

think 9:23,24 19:1819:22 22:16 33:741:9,11,18 42:2,442:7,11,15 43:343:23 44:5 45:1747:12 54:1,2,3,1354:20,24 57:2361:22 63:17,21,2365:17,22 66:567:9 85:15 87:488:7 92:4,6 93:496:21,24 97:4,798:1 101:1,12,15101:15,21 103:11

thinking 45:18thinks 20:5third 7:20 10:3

24:13 45:17 62:2163:1 82:11

thought 12:22 48:253:21 65:5 67:1498:24

thousands 81:13threat 69:20three 7:7,11,16

8:23 9:11 11:1347:14 64:7 83:1783:18,24 85:19

thrown 41:12Thut 12:9 16:20,23tie 69:20tiers 85:19

ties 27:14time 4:4 5:23 22:5

36:18 51:8 63:1963:21,23 65:17,1970:8 83:9,2184:23 85:4,10,1486:9 97:2,20100:21 101:3104:22

times 41:6,10 69:883:4 90:11,1992:21 93:4 96:596:20 97:13,1698:2

time-wise 42:9Timothy 64:11tips 61:8titled 7:8 75:15today 4:16 10:7

11:14 12:21 13:313:9 15:15,17,1816:15 34:15 48:1950:1,4,8 78:4102:11

told 34:11top 23:7,9,10 25:15

26:22,22 32:538:3 42:9 44:1744:17 55:2 62:1680:17 86:22 87:487:8,9 101:20

topic 101:22Tower 2:14track 68:22trails 34:18training 6:16transcript 26:7,10

26:18 103:7,12,17105:7 106:12

transcription104:10

trial 57:12,21,2458:2,4,8,10,20,2359:3,7

trials 58:19triple 85:17 93:13

93:14true 8:7,10,16

12:19 18:14 68:1280:22 81:3 96:22104:20

truly 89:11truth 104:16,17,17trying 11:12 38:1

71:23Tube 37:23turn 76:24two 11:15 16:8 17:1

17:5 24:18 28:1033:17 47:12 64:766:12 84:11,13,1484:15 88:17 90:1992:19

TX 2:15type 42:9 74:3typed 91:17types 16:5typewriting 104:10typically 31:15

U

ultimate 65:7ultimately 24:20

97:21unable 12:15unaware 11:10unclaimed 87:16

89:13unclear 103:5unclick 102:14uncommon 74:4underlying 52:7undersigned 105:3understand 5:16

6:1,8 13:18 46:1846:21,22 66:970:6 83:6 85:1,1598:11,13

understanding17:6 44:13 85:5

understood 6:314:23

unduly 18:8Unfortunately 74:3unique 34:11,12unreasonable

77:12 98:2unreasonably

97:14unsolicited 42:18

90:22 94:18unspecified 53:1updated 48:14upstairs 91:9USA 50:8use 34:1,12 49:9uses 28:22U.S 31:2

V

v 20:17 23:21 26:2032:7 35:4 37:2,339:20,23 52:1964:10 94:14 95:295:3

Vague 71:9valid 58:24valuable 64:10value 97:20 99:13vast 58:1verbiage 79:18

98:20Verizon 12:11versus 4:10 90:19

98:5 101:9vexatious 77:18victim 89:9video 2:20 4:6,14

4:20 76:10 86:1686:19 102:17,20

videographer 4:14:14 5:3 76:7,1086:16,19 102:16

videotaped 1:114:2 9:12

view 56:7 67:8visit 37:11visiting 32:22vs 1:8 106:7

W

Wade 2:14 4:2316:15

wager 64:4

wait 72:14,14,14102:14

waived 105:2waiving 18:11

19:14Wal-Mart 52:19WANCA 2:2want 50:24 58:9,16

58:21 70:8 75:2376:1 80:24 81:981:17 86:12 92:8103:16

wanted 30:11 60:19Warren 2:9 5:1

15:16 91:8,12,1396:1,2 102:13

Washington 77:17wasn't 19:21 69:9waterfront 72:6way 19:8 20:8

32:24 44:10 67:1982:11 95:15

website 31:19 32:532:22 48:23 49:949:18 67:7,12,1568:3

weighed 24:15weren't 18:22

19:17West 4:6Western 77:17we'll 20:8,10 21:24

61:1 81:19we're 10:19,19 25:3

27:4 33:5,1734:14 47:12 50:1151:10 76:10 91:7102:16 103:13

we've 52:10 64:17102:8 103:2

whack 82:9White 88:23Wilkosz 2:9 5:1,1

15:13,19 91:1796:4 102:15

willing 64:4 78:1978:22 79:3

withdraw 65:8,11


Page 120

69:18 71:11 74:9Withdrawal 24:21withdrawn 24:20witness 3:2 5:4,6

8:10,23 13:1316:7 20:4 22:3,1223:1 32:2,1333:17 58:12,14,1558:23 59:7 61:1461:18,21,24 63:1168:20 71:6 73:1775:1,6 78:11,2485:4 91:21 99:24100:5,19 101:13101:17 102:22103:1,6,16 104:7104:15,22 105:1105:11

witnesses 59:3wondering 48:5word 28:24 38:11

63:4 66:23 81:19words 82:23 83:11

88:20 90:5 91:3work 28:2,4 56:13

56:15 60:12 66:14worked 16:11 28:5

28:6,7 37:10works 28:21 38:20worth 41:11 63:23wouldn't 8:9 53:22

66:19 75:1write 14:21 29:9,15

29:18,23,24 39:2287:23

written 57:1 64:1882:1,5 88:5

wrong 27:9wrote 24:7 28:24

29:3 30:6,1439:19 62:6 87:21

[email protected]:16

[email protected]:11

Y

yeah 10:24 15:20

22:18 31:10 32:1681:1,13,15 96:8101:20

year 28:12 53:386:13

years 16:1,9 53:764:1,7 66:12

Z

zebra 72:13

$

$1,000 66:1 93:2$1.5 97:20$100 41:9 42:22

43:13 47:5,2182:10 83:8 90:1998:11

$15,000 43:1161:10 90:10 96:1896:24 97:7 101:10

$23 41:21 48:763:14 66:7,1567:18 88:24 90:691:23 92:4

$250 41:6 42:2145:15 47:10,1982:9 83:8 90:1994:23 98:9

$3,500 93:18$300 43:18 96:12

96:14,16 100:20$400,000 64:5

69:18 74:23$5,000 13:19 14:1,7$50 41:11 42:23

82:11 85:14,1493:5

$500 45:1$7 63:23 97:22

0

084-003295 105:19

1

1 3:10 6:19,21,2310:8 11:12 18:419:5 22:7 28:24

29:12 46:19 47:1983:7,12 84:8,1684:22,22 88:24102:18 106:12

1st 26:191,000 93:161-15 3:181-7-15 106:111.6 24:1610 3:14 34:20,23

35:2 41:6,8,1097:6

100 3:5 7:5 44:1745:16 98:6,14,2399:2 101:9

1001 2:15101 24:19,20106 106:121089-1 39:211 3:11,11,12,12,15

37:19,22 40:952:18 76:18

11-26-14 89:5113 21:9 23:7,11

24:19,22 25:2,925:20

118 24:22119 35:412 3:15 62:2,4,7,12

86:23 87:3,8,9,10122 26:19125 23:2113 3:16 75:10,19,21

76:21 101:18,19101:20

14 1:8 3:16 4:1124:8 79:5,7,1180:21,24 81:1,2282:7 86:3 87:288:14 95:18,21101:6 102:6 106:7

14th 80:2315 3:17 90:10 91:8

91:15 92:20,2193:4 95:19,2297:6

15th 12:615,000 41:4 60:23

61:6150 2:91518 1:8 4:11 106:716th 41:2417th 62:151724 6:1218-20 3:20180 88:51800 2:1519 75:1319th 1:1 4:12 9:14

106:1

2

2 3:10 7:15 9:6,8,1010:4,9 11:11 19:529:4,6 31:23 38:943:13 46:19 47:2076:24 83:8,1284:8,16,20 85:790:1 96:11

2,500 93:1520 3:13 15:17 16:9

24:8 27:3 28:1234:5,9 36:20106:19

200D 4:18200,000 66:102008 94:102012 37:242013 23:12 26:19

62:15 68:14 69:52014 12:2,6,8,12

14:12 23:22 42:180:23

2015 1:19 4:4 104:6105:13

206 76:1621.643 74:522 27:3 36:2023 3:13 44:7 89:112390 4:1724th 23:1225th 23:22250 98:5,14,23 99:1

99:2 101:926 3:1426th 12:8

261-337-116750:20

28th 68:14 69:4281 37:24 50:21281-337-1167 51:2

3

3 3:11 11:24 12:2413:8,16 18:4,419:5 29:11 31:1832:2,20 39:1 40:957:23 73:23 84:884:10,11 85:14

3-6 11:183.2 13:1630 15:18 44:6 53:23

63:18 89:20300 45:1312 2:10320 1:17 104:123300 2:934 3:14350 98:23368-1500 2:437 3:153701 1:17 2:3 4:6

104:11

4

4 3:11 12:4 13:814:11 16:11 19:530:23 39:4 52:1852:18 62:19

4th 12:1241 86:23 87:10

101:18,2045 27:5 34:749 27:3 36:1849,000 43:15 44:2449:20 26:1049:20-22 26:7

5

5 3:4,12 12:8 13:816:19 19:5 27:762:24 69:1 73:23

50 44:16 45:1785:11 88:8 96:20


Page 121

97:13,1651 24:16531 37:24

6

6 3:10,12 12:11,2413:13 80:16,21

6th 12:2 14:1260008 2:460601 2:1062 3:1564060897 33:3651-2900 2:16

7

7 3:13 20:23 21:121:22 22:4,13,2325:1,8 26:6 28:2329:1,4,7,16,18,1930:24 31:13,1832:3,6,17

7th 1:19 4:4 104:67.67 90:77:23 1:18 4:4,5713 2:1675 3:16760 2:3 4:777002 2:1577539 6:1379 3:16

8

8 3:13 23:15,17,1924:7 25:21 32:933:23 35:8 101:17

8th 105:138:41 76:7,88:47 76:118:59 86:17847 2:48600 4:15894-3200 2:10

9

9 3:10,14 26:13,1526:17,23 34:435:13 36:18

9:00 86:20

9:16 102:179:19 103:1891 3:1796 3:6

clayton deposition

Documents