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R. Leonard, C.S.R., Inc. Certified Shorthand Reporters 818.995.2449 - SHEET 45 PAGE 177 PAGE 179 1 MINUTES. 09:45:13 1 A OKAY. 09:45:13 2 SO BOB, I'M FINE WITH TEN MORE MINUTES. 09:45:13 2 Q DO YOU HAVE THAT PAGE IN FRONT OF YOU? 09:45:13 3 I DO AGREE WITH BOB THAT I WAS SHARPER AN HOUR 09:45:13 3 A I DO. 4 AGO BUT THERE'S NOTHING I'VE SAID ON THIS RECORD THAT IS 09:45:13 4 Q CAN YOU READ THAT PAGE TO YOURSELF AND LET ME 5 INACCURATE, SO WHY DON'T WE -- 5 KNOW WHEN YOU'VE FINISHED, 09:45:13 6 Q DO YOU HAVE ANY PHYSICAL LIMITATIONS THAT WOULD 09:45:13 6 A OKAY. I'M DONE, 7 PREVENT YOU FROM CONTINUING TO PROVIDE TESTIMONY THIS 09:45:13 7 Q IS THAT YOUR SIGNATURE AT THE BOTTOM OF THE 8 AFTERNOON? B PAGE? 09:45:13 9 A NO. 09:45:13 9 A I THINK THAT'S AN ELECTRONIC SIGNATURE BUT IT'S 09:45:13 10 MR. RUBINER: COUNSEL, DESPITE YOUR MEDICAL OPINION 10 THE ELECTRONIC SIGNATURE OF MINE. 11 THAT HE'S UNABLE TO PROVIDE TESTIMONY, THE WITNESS, WHO 09:45:13 11 Q DID YOU AUTHORIZE MR. FOX TO PRODUCE THIS 12 IS AS ABLE TO SPEAK ABOUT HIS MEDICAL CONDITION AS YOU 12 DOCUMENT WITH YOUR ELECTRONIC SIGNATURE ON IT? 13 ARE OR PERHAPS BETTER SINCE IT'S HIM, SEEMS TO FEEL FINE 09:45:13 13 MR. BISNO: OBJECTION. THE TORN OF THE QUESTION IS 14 GOING FORWARD AND I'LL TAKE THE RISK THAT A COURT WILL 14 SUCH THAT MR. OGULNICK COULD NOT ANSWER IT WITHOUT 15 SAY THAT HE WAS T00 EXHAUSTED AND 100 UNABLE TO GO 15 REVEALING ATTORNEY -CLIENT COMMUNICATION. 16 FORWARD BECAUSE OF SOME PHYSICAL CONDITION THAT NOBODY 09:45:13 16 MR, RUBINER: IT'S ACTUALLY NOT PRIVILEGED. 17 IS WILLING TO TELL ME THAT HE HAS, SO -- AND YOU CAN 09:45:13 17 Q BUT DID YOU REVIEW THIS ON OR ABOUT MAY 14TH, 1B WALK OUT. I CAN'T STOP YOU, BUT I DON'T SEE A REASON 16 2012? 19 TO STOP RIGHT NOW. IF YOU WANT TO WALK OUT THAT'S 09:45:13 19 A I DON'T -- LISTEN, I'M NOT AN ATTORNEY. I 2D BETWEEN YOU AND THE WITNESS AND THE COURT. 20 DON'T KNOW WHAT YOU'RE ASKING ME 'THIS," WHAT IS 09:45:13 21 MR. SIGNS: COUNSEL, I HAVE MADE MY RECORD, IF YOU 21 'THIS"? 22 WANT ANOTHER -- IT'S 4:09 NOW ACCORDING TO MY CLOCK, IF 09:45:13 22 Q EXHIBIT S. 23 YOU WANT TO CONTINUE TO 4:15 WHICH WAS OUR EARLIER 09:45:13 23 DID YOU REVIEW EXHIBIT B PRIOR TO SIGNING IT 24 AGREEMENT -- 24 ON, OR HAVING AN ELECTRONIC SIGNATURE PLACED ON IT, ON 09:45:13 25 MR. RUBINER: IT'S ACTUALLY 4:07 BUT THAT'S NEITHER 25 OR ABOUT MAY 14TH, 2012? 179 PAGE 178 PAGE 180 1 HERE NOR THERE. 09:15:13 1 A NO, I DIDN'T REVIEW IT BEFORE I SIGNED. I'VE 09:45:13 2 Q MR. OGULNICK, EARLIER TODAY YOU 2 NEVER SEEN THIS DOCUMENT BEFORE. 3 TESTIFIED -- STRIKE THAT. 09:45:13 3 Q YOU'VE NEVER SEEN EXHIBIT B BEFORE? 09:45:13 4 I'M GOING TO ASK THE COURT REPORTER TO MARK AS 09:15:13 4 MR. BI910: OBJECTION. ASKED AND ANSWERED. 5 EXHIBIT B A MULTI -PAGE DOCUMENT ENTITLED DEFENDANT'S 09:45:13 5 MR. RUBINER: THAT'S FINE. OKAY. THAT'S FINE. IT 6 SUPPLEMENTAL RESPONSES TO DOCUMENT REQUESTS -- 6 WILL BE SUBJECT TO A MEET AND CONFER SUBSEQUENT. D9:45:13 7 MR. BISNO: THANKS. 09:45:13 7 ACTUALLY, WHY DON'T WE FINISH NOW. I'D LIKE TO D9:45:13 8 MR. RUBINER: -- SET NO. ONE. 8 DO A MEET AND CONFER ON THE RECORD, COUNSEL. 09:45:13 9 (WHEREUPON, THE ABOVE -MENTIONED DOCUMENT WAS 09:45:13 9 AS YOUR CLIENT RESPONDED TO THESE REQUESTS, HE 10 MARKED FOR IDENTIFICATION BY THE SHORTHAND REPORTER AND 10 FILED A DOCUMENT, YOU OR YOUR ASSOCIATE, MR. FOX, GAVE, 11 ATTACHED HERETO. 11 PRODUCED TO US A DOCUMENT HAVING A VERIFICATION ON IT 09:45:13 12 Q BY MR. RUBINER: DO YOU HAVE EXHIBIT N0. 8 IN 12 THAT YOUR CLIENT CLAIMS NEVER TO HAVE SEEN. WHETHER 13 FRONT OF YOU, SIR? 13 MR. FOX WRONGFULLY DID THAT, I'D LIKE YOU TO FIND OUT 09:45:13 14 A I DO. 14 AND REPORT BACK TO ME AS TO WHY THE WITNESS HAS NEVER 09:15:13 15 Q WOULD YOU TAKE A MOMENT TO REVIEW EXHIBIT B AND 15 SEEN EXHIBIT B YET IS SOMETHING THAT PURPORTS TO HAVE 16 LET ME KNOW WHEN YOU'VE FINISHED, 16 HIS SIGNATURE ON IT THAT MR. FOX SUBMITTED AS AN OFFICER 09:45:13 17 A COUNSEL, THIS IS A LONG DOCUMENT SO WHAT KIND 17 OF THE COURT APPEARS TO HAVE BEEN PRODUCED IN THIS 18 OF REVIEW ARE YOU ASKING ME TO DO? 18 ACTION AND IMMEDIATELY PRODUCE A NEW RESPONSE THAT YOUR 09:15:13 19 Q LET ME -- I'LL REPRESENT TO YOU THAT THESE ARE 19 CLIENT WILL HAVE ACTUALLY SEEN. 20 SUPPLEMENTAL -- THAT THESE DOCUMENTS WERE SERVED -- THIS 09:45:13 20 I THINK IT'S POTENTIALLY A -- I DON'T KNOW. 21 DOCUMENT WAS SERVED TO ME BY YOUR ATTORNEY, MR. FOX; 21 I'M NOT GOING TO CHARACTERIZE WHAT IT IS, THE FACT THAT 22 THAT IT PURPORTS TO BE SUPPLEMENTAL RESPONSES TO A 22 THERE'S A DOCUMENT THAT PURPORTS TO HAVE YOUR CLIENT'S 23 VARIETY OF DOCUMENT REQUESTS WITH SOME ATTACHMENTS. I 23 SIGNATURE THAT WAS SUBMITTED AS A COURT DOCUMENT THAT HE 24 ACTUALLY WANT TO FOCUS ON THE THIRD FROM LAST PAGE 24 NEVER SAW. AND I'D LIKE YOU TO LOOK INTO THAT PRIOR TO 25 ENTITLED "VERIFICATION." 25 THE NEXT SESSION OF HIS DEPOSITION AND REPORT BACK TO ME 178 180 Dalesandro vs. Ogulnick Deposition of Ryan Andrew Ogulnick, Vol. 1 August 13, 2012