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R. Leonard, C.S.R., Inc. Certified Shorthand Reporters 818,995.2449 - SHEET 46 PAGE 181 PAGE 183 1 AS TO WHAT YOU'RE GOING TO DO ABOUT IT. 1 LATENESS OF THE HOUR, THAT WE WOULD CONTINUE THE :45:13 2 MR. DISNO: COUNSEL, I HAD EARLIER TESTIFIED -- 2 DEPOSITION AT A DATE TO BE AGREED UPON BETWEEN COUNSEL 3 PAR30N ME, I HAD EARLIER OBSERVED THAT MY CLIENT WAS, 3 AND ONE OF MR, OGULNICK'S COUNSEL, WHETHER IT'S 4 IN MY VIEW, LACKING THE ABILITY TO FULLY UNDERSTAND YOUR 4 MR. BISND OR MR. FOX; 5 QUESTIONS AND LACKING THE ABILITY TO COMPETENTLY RESPOND 09:45: 13 S THAT THE COURT REPORTER WOULD BE RELIEVED OF 6 AS HE DID AN HOUR, TWO OR THREE AGO ALLOWING FOR THE 6 HER STATUTORY RESPONSIBILITY TO MAINTAIN CUSTODY OF THE 7 LENGTH OF THIS DEPOSITION, AND AS COUNSEL IS AWARE, AS 7 ORIGINAL OF THE DEPOSITION TRANSCRIPT; THAT UPON ITS 8 OF JUNE 5TH, 2012, WHICH IS THE DATE OF MR, FOX'S 8 COMPLETION THE TRANSCRIPT WILL BE FORWARDED TO 9 SIGNATURE, I WAS NOT ASSOCIATED IN THE CASE. 9 MR. BISNO; THAT THE WITNESS WILL HAVE 30 DAYS FROM :45:13 10 MR. RUBINER: THAT'S WHY I ASKED YOU TO LOOK -- 10 MR. BISNO'S RECEIPT TO REVIEW THE TRANSCRIPT, P:AKE ANY 11 PLEASE CONTACT MR. FOX -- 11 CHANGES TO THE TRANSCRIPT AND SIGN IT UNDER PENALTY OF :45:13 12 MR. BISND: PLEASE ALLOW -- I THOUGHT OUR PROTOCOL 12 PERJURY; THAT THE WITNESS WILL THEN RETURN THE 13 WAS YOU GET TO FINISH, THEN I GET TO FINISH AND THEN YOU 13 TRANSCRIPT TO MR. BISND; MR. BISND WILL NOTIFY ME WITHIN 14 GET TO FINISH AND THEN I GET TO FINISH, 14 TEN BAYS IF THERE'S BEEN ANY CHANGES TO THE TRANSCRIPT :15:13 15 ALONG THAT LINE I WOULD BE HAPPY TO DO SO. 15 AND THAT HE HAS A COPY OF THE TRANSCRIPT; THAT MR. BISNO :45:13 16 MR. RUBINER: ESPECIALLY IN LIGHT OF, AS YOU'LL 16 WILL RETAIN OR MR. FOX WILL RETAIN CUSTODY OF THE 17 REVIEW THE TRANSCRIPT, HIS EARLIER TESTIMONY THAT HE 17 ORIGINAL OF THE DEPOSITION TRANSCRIPT, WILL MATE IT 18 NEVER LOOKED FOR DOCUMENTS DESPITE REPRESENTATIONS AND 18 AVAILABLE AT ANY HEARING OR AT TRIAL. 19 OTHER RESPONSES FROM YOUR CLIENT THAT HE DID DILIGENTLY 09:45:13 19 IF !OR SOME REASON THE ORIGINAL OF THE 20 SEARCH FOR AND INQUIRE ABOUT DOCUMENTS. HE MADE THOSE 20 DEPOSITION TRANSCRIPT IS LOST, MISPLACED OR OTHERWISE 21 REPRESENTATIONS THIS MORNING LONG BEFORE HE WAS TOO 21 UNAVAILABLE, A CERTIFIED COPY CAN BE USED FOR ALL 22 TIRED OR TOO OUT OF SORTS TO ANSWER, IN YOUR 22 PURPOSES INCLUDING AT TRIAL. 23 OBSERVATION. IT WAS EARLIER THIS MORNING WHEN YOU DID 09:45:13 23 MR. BISNO: SO STIPULATED. 24 NOT OBSERVE THAT MR. OGULNICK SEEMED UNABLE TO 09:45:13 24 MR. RUBINER: THANK YOU. 25 COM?REHEND QUESTIONS OR TOTALLY ANSWER IN A TRUTHFUL 09:45:13 25 THE VIDEOGRAPHER: WE'RE OFF RECORD 4:15 P.M. 181 183 PAGE 1 2 3 4 :45:13 :45:13 15:13 45:13 S fi 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 11 23 24 25 182 MANNER. AT LEAST IN MY RECOLLECTION YOU NEVER RAISED THAT ISSUE BEFORE LUNCH AND PRIOR TO LUNCH IS WHEN MR. OGULEICK TESTIFIED THAT HE NEVER LOOKED FOR DOCUMENTS, HE NEVER REQUESTED THAT ANYBODY LOOK FOR DOCUMENTS. I THINS IT'S -- AND I AM SAYING ON THE RECORD AND I WILL FOLLOW UP IN A LETTER TO MR, FOX AND YOU AS HIS NEW COUNSEL, THAT YOU GET TO THE BOTTOM OF WHY THIS WITNESS NEVER LOOKED FOR DOCUMENTS DESPITE PRESENTING SEVERAL DOCUMENTS TO THE COURT WITH HIS SIGNATURE THAT INDICATE THAT HE DILIGENTLY SEARCHED FOR AND MADE INQUIRY ABOUT DOCUMENTS WHICH HE CLEARLY TESTIFIED HE NEVER DID AND THAT DOCUMENTS HAVE BEEN PRODUCED THAT HE NEVER REVIEWED, AND I'D LIKE YOU TO REVIEW THAT AND GET BACK TO ME AS QUICKLY AS POSSIBLE BEFORE I HAVE TO BRING IT TO THE ATTENTION OF THE COURT. MR. BISND: COUNSEL, YOUR SUMMARY OF MY CLIENT'S TESTIMONY IS IN NO WAY EQUAL TO MY VIEW OF MY CLIENT'S TESTIMONY BUT FORTUNATELY WE HAVE A RECORD WHICH DOES A BETTER JOB THAN YOUR MEMORY OR MINE. MR, RUBINER: LET'S GO OFF THE RECORD A SECOND. THE VIDEDGEAPHER: WE'RE OFF RECORD 4:13 P.M. (RECESS HELD). THE VIDEOGRAPHER: WE'RE ON THE RECORD 4:14 P.M. MR, RUBINER: OFF THE RECORD WE AGREED, GIVEN THE - PAGE 45:13 1 45:13 2 45:13 3 :45:13 4 45:13 S 45:13 6 45:13 7 45:13 8 9 45:13 10 45:13 11 45:13 12 45:13 13 45:13 14 45:13 15 45:13 16 45:13 17 45:13 18 45:13 19 45:13 20 45:13 21 45:13 22 45:13 23 45;13 24 4 5: 13 25 184 THIS ENDS THE PROCEEDINGS FOR TODAY, AUGUST 13TH, 2012, -000- (WHEREUPON, THE DEPOSITION WAS ADJOURNED AT 1:15 P.M.) Dalesandro vs. Ogulnick Deposition of Ryan Andrew Ogulnick, Vol. 1 August 13, 2012 -000-