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CORRESPONDENCE - NON-AGENDA
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R. Leonard, C.S.R., Inc. <br />Certified Shorthand Reporters <br />818.995.2449 <br />SHEET 44 PAGE 173 PAGE 175 <br />09:45:13 1 Q WHEN DID MR. DALESANDRO TELL YOU THAT ROCKWOOD 1 DEAL CAN GO BAD EVEN AFTER A LENDER SAYS THEY WANT TO DO <br />2 WAS GOING TO FFINANCE THE DEAL? 2 THE DEAL; ISN'T THAT RIGHT? <br />09:45:13 3 A SOMETIME IN MID JANUARY. 09:45:11 3 A THERE'S A DIFFERENCE BETWEEN WHAT I WAS <br />09:45:13 4 Q WHERE DID THAT CONVERSATION TAKE PLACE? 09:45:13 4 REFERRING TO AND WHAT SEAN REFERRED TO. <br />09:45:13 5 A I BELIEVE IT WAS ON THE TELEPHONE. 09:45:13 5 MR. BISNO: T'M GOING TO INTERPOSE AN OBJECTION <br />09:45:13 6 Q WHO WAS ON THE CALL? 6 HERE AS TO MY CLIENT'S PHYSICAL CONDITIDN. IT IS <br />09:45:13 1 A JUST HIM AND 1. 7 APPARENT TO ME THAT MY CLIENT IB FADING. IT IS APPARENT <br />09:45:13 8 Q WHAT WERE THE SUBJECTS DISCUSSED DORING THAT B TO ME THAT HE IS NOT AS SHARP AS HE WAS THIS MORNING AND <br />9 PHONE CALL? 9 T AM GOING TO REQUEST WE ADJOURN THIS DEPOSITION BECAUSE <br />09:45:13 10 A THE -- HE WAS RETELLING 14E A CONVERSATION HE 10 WE KNOW IT'S NOT GOING TO END NOW. WE KNOW YOU'RE GOING <br />11 HAD WITH SOMEBODY AT ROCKWOOD. 11 TO GET ANOTHER SHOP. <br />09:45:13 12 Q DID YOU EVER DETERMINE THAT HE DIDN'T HAVE THAT 09:45:13 12 Q BY MR. RUBINER: LET ME ASK A FEW MORE <br />13 CONVERSATION WITH THE PERSON AT ROCKWOOD? 13 QUESTIONS. <br />09:45:13 14 A NO. 09:45:13 14 HAVE Y09 TAKEN ANY MEDICATIONS TODAY, <br />09:45:13 15 Q DID YOU EVER LEARN THAT ANYTHING HE TOLD YOU 15 MR, OGULNICE? <br />16 ABOUT THAT CONVERSATION WAS UNTRUE? 09:45:13 16 A N0. <br />09:15:13 17 MR, DISKO: OBJECTION. MY CLIENT TESTIFIED AS TO 09:45:13 17 Q HAVE YOU HAD ANY ALCOHOLIC BEVERAGES IN THE <br />18 WHAT MR. DALESANDRO TOLD HIM AND -- 18 LAST 24 HOURS? <br />09:45:13 19 MR. RUBINER: THAT WASN'T MY QUESTION, COUNSEL, 09:45:13 19 A NO. <br />20 BUT -- 09:45:13 20 Q ARE YOU CURRENTLY SUFFERING ANY MEDICAL <br />00:45:13 21 MR. BISNO: MY CLIENT TESTIFIED AND IT DIDN'T 21 DISABILITIES OF ANY RIND? <br />09:45:13 22 HAPPEN. 09:45:13 22 A YES. <br />09:15:13 23 MR. RUBINER: COUNSEL, RATHER THAN TESTIFYING, IF 09:45:13 23 Q WHAT MEDICAL DISABILITIES DO YOB HAVE? <br />24 YOU HAVE AN OBJECTION MAKE IT. IF NOT, LET THE WITNESS 09:45:13 24 A NONE OF YOUR BUSINESS. <br />25 ANSWER THE QUESTIONS. 09:45:13 25 Q ACTUALLY, IT IS MY BUSINESS AND -- <br />173 5 <br />PAGE 174 PAGE 176 <br />09:45:13 1 Q CAN YOU ANSWER THE QUESTION, SIR? 09:45:13 1 A THAT'S PRIVATE. <br />09:45:13 2 MR. BISNO: OBJECTION. ASKED LID ANSWERED. 09:45:13 2 Q YOUR COUNSEL DIDN'T OBJECT AND IT'S RELEVANT -- <br />09:45:13 3 Q BY MR. RUBINER: YOU CAN STILL ANSWER. 09:45:13 3 MR. BI SNO: I WILL -- <br />0:15:13 4 A SEAN REPORTED TO ME THAT THESE GUYS WERE GOING 09:45:13 4 MR. RUBINER: -- ESPECIALLY IN LIGHT OF THE FACT <br />5 TO DO THE DEAL. ROCKWOOD REPORTED TO ME THAT THERE WAS 5 THAT COUNSEL IS NOT CLAIMING THAT YOUR PHYSICAL <br />6 A LONG ROAD AHEAD AND SUBSEQUENT TO THAT THERE WAS 6 DISABILITY IS SUCH THAT YOU CAN'T PROVIDE ANY MORE <br />7 ANOTHER CONVERSATION WHERE THEY SAID WE'RE NOT DOING 7 TESTIMONY TODAY. I'M ENTITLED TO KNOW WHAT YOUR <br />8 THIS DEAL. 8 DISABILITIES ARE. <br />D9:45:13 9 Q AND WAS IT YOUR UNDERSTANDING THAT ANY LENDER 09:45:13 9 MR. BIPED: THAT'S NOT CORRECT. NUMBER ONE, I'LL <br />10 THAT MR. DALESANDRO WOULD BRING TO YOUR ATTENTION WOULD 10 OBJECT ON PRIVACY AND, NUMBER TWO, I'M OBJECTING TO THE <br />11 WANT PO DO DUE DILIGENCE? 11 DEPOSITION CONTINUING BECAUSE I AM WITNESSING MY <br />09:45:13 12 A YES. 12 CLIENT'S INABILITY TO FULLY COMPREHEND YOUR QUESTIONS <br />09:15:13 13 Q AND THAT, I BELIEVE EARLIER YOU TESTIFIED AS IT 13 AND I AM WITNESSING MY CLIENT'S INABILITY TO ARTICULATE <br />14 RELATES TO THE ROYAL CANYON THAT AS FAR AS, IN YOUR 14 AN ANSWER AS WELL AS HE DID EARLIER. <br />15 EXPERIENCE, THERE'S A MULTITUDE OF WAYS THAT DEALS CAN 09:45:13 15 Q BY MR. RUBINER: ARE YOU ABLE TO COMPREHEND THE <br />16 END UP NOT GETTING DONE; ISN'T THAT RIGHT? 16 QUESTIONS I'VE BEEN ASKING YOU, MR. OGULNICK? <br />)9:45:13 17 A PLEASE ASK ANOTHER QUESTION. I DON'T KNOW HOW 09:45:13 17 A YES. <br />18 TO ANSWER THAT. 09:45:13 18 Q ARE YOU ABLE TO PROVIDE ACCURATE ANSWERS? <br />)9:45:13 19 Q WELL, WHEN YOU WERE TALKING ABOUT ROYAL CANYON 09:45:13 19 A YES. <br />20 YOU SAID YOU WERE UPSET THAT MR. DALESANDRO STOPPED 09:45:13 20 Q HAS ANY OF THE ANSWERS THAT YOU'VE GIVEN IN THE <br />21 LOOKING FOR ANOTHER DEAL WHEN YOU THOUGHT YOU HAD 21 LAST 15 MINUTES OR SO BEEN INACCURATE? <br />22 ROCKPOINT READY TO GO; ISN'T THAT RIGHT? 09:45:13 22 A NO. <br />)9:45:13 23 A CORRECT. 09:45:13 23 Q DO YOU FEEL THAT YOU CAN CONTINUE ANSWERING <br />19:45:13 24 Q AND THAT YOU WERE UPSET BECAUSE YOU HAD TOLD 24 QUESTIONS THIS AFTERNOON? <br />25 MR. DALESANDRO THAT THERE'S A MULTITUDE OF WAYS THAT A 09:45:13 25 A LISTEN, I THINK MR. 31SNO HAS TO LEAVE IN TEN <br />1741 176 <br />Dalesandro vs. Ogulnick <br />Deposition of Ryan Andrew Ogulnick, Vol. 1 <br />August 13, 2012 <br />
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