Document LoeXjkGV5djvQkkJm2z5RmGwg

1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO 3 ---o0o--- 4 NORMAN HOPKINS and MARLENE HOPKINS, 5 Plaintiffs, 6 vs. No. 408556 7 ASBESTOS DEFENDANTS (BHC), 8 Defendants. 9/ 10 11 12 13 14 15 DEPOSITION OF DAVID MAXWELL 16 (Pages 1 to 48) 17 18 19 Taken before SANDRA M. LEE 20 CSR No. 9971 21 May 9, 2003 22 23 24 25 1 SC-GRAY-5980 1 INDEX PAGE 2 EXAMINATION BY MR. BUTLER 6 3 4 5 6 7 8 9 10 11 12 13 E X H I B I T S 14 PAGE 15 PLAINTIFFS' A Notice of Taking Deposition and Request 6 16 for Production of Documents 17 B Notice of date change 6 18 19 DEFENDANTS' 20 1 Defendant Graybar Electric Company's 6 Written Objections to Plaintiff's 21 Notice of the Deposition of Graybar Electric Company's Custodian of Records 22 and Person Most knowledgeable 23 2 Records Retention Policy, June 13, 2002 6 24 3 The Graybar Story 6 25 Aiken Welch Court Reporters D. Maxwell 05-09-03 2 1 DEPOSITION OF DAVID MAXWELL 2 3 BE IT REMEMBERED, that pursuant to Notice, and 4 on the 9th day of May 2003, commencing at the hour of 5 10:11 a.m., in the offices of Aiken & Welch, Inc., One 6 Kaiser Plaza, Suite 505, Oakland, California, before me, 7 SANDRA M. LEE, a Certified Shorthand Reporter, 8 personally appeared DAVID MAXWELL, produced as a witness 9 in said action, and being by me first duly sworn, was 10 thereupon examined as a witness in said cause. 11 ---o0o--12 13 ANGELO L. BUTLER, Brayton Purcell, 222 Rush 14 Landing Road, Novato, California 94948, appeared on 15 behalf of the Plaintiffs. 16 17 EUGENE C. BLACKARD, Archer Norris, 2033 N. Main 18 Street, Suite 800, Walnut Creek, California 94596, 19 appeared on behalf of the Defendant Graybar Electric 20 Company, Inc. 21 22 KAREN C. PAK, Bennett, Samuelsen, Reynolds & 23 Allard, 1951 Webster Street, Suite 200, Oakland, 24 California 94612, appeared on behalf of the Defendant 25 Slakey Brothers, Inc. Aiken Welch Court Reporters D. Maxwell 05-09-03 3 1 SIMON KISCH, Bishop, Barry, Howe, Haney & 2 Ryder, 2000 Powell Street, Suite 1425, Emeryville, 3 California 94608, appeared on behalf of the Defendant 4 Red Devil, Inc. 5 6 SHEILA FLANAGAN, Burnham & Brown, 1901 Harrison 7 Street, 11th Floor, Oakland, California 94612, appeared 8 on behalf of the Defendants Borg-Warner Automotive, 9 Inc., and York International Corporation. 10 11 STEPHANIE W. SHAFFER, Jackson & Wallace, 55 12 Francisco Street, Suite 600, San Francisco, California 13 94113, appeared on behalf of the Defendant DAP Products. 14 15 JENNIFER J. LEE, McKenna, Long & Aldridge, 16 Steuart Street Tower, One Market Plaza, Suite 2700, San 17 Francisco, California 94105, appeared on behalf of the 18 Defendants Certainteed Corporation, Union Carbide 19 Corporation and California Federal Bank. 20 21 JANE S. BLUMBERG, Prindle, Decker & Amaro, 369 22 Pine Street, Suite 800, San Francisco, California 94104, 23 appeared on behalf of the Defendant American Standard, 24 Inc. 25 Aiken Welch Court Reporters D. Maxwell 05-09-03 4 1 CHRISTOPHER W. BROWN, Roger, Scott & Helmer, 2 1001 Marshall Street, Suite 400, Redwood City, 3 California 94063, appeared on behalf of the Defendant 4 Superior Boiler. 5 6 CONSTANCE S. NELSON, Stevens, Drummond & 7 Gifford, 1910 Olympic Boulevard, Suite 250, Walnut 8 Creek, California 94596, appeared on behalf of the 9 Defendants Domco Floor Products and Pneumo Abex 10 Corporation. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Aiken Welch Court Reporters D. Maxwell 05-09-03 5 1 (Plaintiff's Exhibits A and B was marked for 2 identification.) 3 (Defendants' Exhibit Nos. 1 through 3 were 4 marked for identification.) 5 6 DAVID MAXWELL, 7 sworn as a witness, 8 testified as follows: 9 EXAMINATION BY MR. BUTLER: 10 Q. Good morning, sir. My name is Angelo Butler. 11 I'm with the firm of Brayton Purcell, and I represent 12 Norman Hopkins and Marlene Hopkins. 13 Would you please state and spell your last 14 name? 15 A. Maxwell, M-a-x-w-e-l-l. 16 Q. Are you currently employed, Mr. Maxwell? 17 A. Yes. 18 Q. Who is your employer? 19 A. Graybar Electric Company. 20 Q. Have you had your deposition taken before? 21 A. Yes. 22 Q. When was the last time you had your deposition 23 taken? 24 A. Approximately one year ago. 25 Q. Do you recall who were the parties involved in Aiken Welch Court Reporters D. Maxwell 05-09-03 6 1 that deposition? 2 A. No, I do not. 3 Q. Was that an asbestos-related matter? 4 A. Yes. 5 Q. How many times have you had your deposition 6 taken, Mr. Maxwell? 7 A. Twice. 8 Q. Given that, I will go over just a couple of the 9 admonitions. I'm sure Counsel has already told you and 10 given you an overview of what to expect. 11 Briefly, this is a legal proceeding. You're 12 under oath here today. Even though we're in a 13 relatively informal setting, the deposition testimony 14 you give today has the full force and effect as if you 15 were giving it in a court of law. You may be subject to 16 the penalties of perjury for untruthful testimony. 17 Do you understand that? 18 A. Yes. 19 Q. Anything that you say today or anyone else in 20 the room says while we are on the record will be taken 21 down by the court reporter. Within a fairly short time 22 afterwards, you'll be provided with a written transcript 23 and have a chance to review that transcript, and at that 24 time, if you wish, you can make any changes you feel are 25 necessary. Aiken Welch Court Reporters D. Maxwell 05-09-03 7 1 However, I feel I need to caution you that any 2 substantive changes from a yes to a no or other markedly 3 contrasting testimony can and probably will be commented 4 on should the case go to trial. 5 Do you understand that? 6 A. Yes. 7 Q. If there are any questions that you do not 8 understand or you would like a clarification on, please 9 state so, and I will try to rephrase that and to be more 10 succinct in my question. If you go ahead and answer the 11 question, I will assume that you understood the 12 question. 13 Do you understand that? 14 A. Yes. 15 Q. Have you taken any medication in the last 24 16 hours? 17 A. No. 18 Q. Is there anything that you feel would affect 19 your ability to give your besttestimony today? 20 A. No. 21 Q. Can you think of any reason why this deposition 22 should not go forward, Mr. Maxwell? 23 A. No. 24 Q. I need to get alittle of your background. 25 Would you summarize your education, please? Aiken Welch Court Reporters D. Maxwell 05-09-03 8 1 A. I have a Bachelor's degree in business from 2 California State University Sacramento. 3 Q. Have you had any postgraduate - 4 A. No. 5 Q. -- course work? 6 Have you attended any technical schools? 7 A. No. 8 Q. What is your title at Graybar Electric? 9 A. Vice president, Comm/Data sales. 10 Q. Could you repeat that again? 11 A. Vice president, Comm/Data sales. 12 Q. What are your job duties and responsibilities 13 as vice president of Comm/Data sales? 14 A. I'm responsible for our sales and customer 15 service for our western communication district. 16 Q. What comprises the western communication 17 district, what areas? 18 A. 11 of the 13 western states, including West 19 Texas. 20 Q. I'd like to ask you a little bit about your 21 experience after you graduated from Sacramento State. 22 Could you summarize your work history since 23 then? 24 A. I worked for approximately one year with A 25 Dakin, D-a-k-i-n, & Company as a credit supervisor. I Aiken Welch Court Reporters D. Maxwell 05-09-03 9 1 joined Graybar in 1985 as Graybar's financial manager. 2 Q. What were your duties as financial manager with 3 Graybar in 1985? 4 A. Primarily the extension of credit and accounts 5 receivable collections. 6 Q. As a financial manager in 1985 with Graybar, 7 did you maintain lists of your customers at that time? 8 A. I received reports listing customers. 9 Q. What information regarding those customers were 10 contained in the list? 11 A. Invoices rendered, balances outstanding, prior 12 year's sales, current year's sales. 13 Q. How long were you employed as financial manager 14 for Graybar after 1985? 15 A. Approximately through 1991. 16 Q. What was your next assignment after financial 17 manager? 18 A. Branch manager. 19 Q. What were your duties as branch manager 20 beginning in approximately 1991? 21 A. Responsible for all sales and logistics for the 22 Greater Bay Area. 23 Q. Does the Greater Bay Area include also Fresno? 24 A. No. 25 Q. Fresno would be included in what area? Aiken Welch Court Reporters D. Maxwell 05-09-03 10 1 A. Fresno would be its own market service serviced 2 by our branch in Fresno. 3 Q. How long were you employed as a branch manager? 4 A. Approximately one year. 5 Q. After that one-year service, what did you do 6 next? 7 A. General manager, international. 8 Q. What were yourjob duties as general manager, 9 international? 10 A. Responsible for all sales and service and 11 logistics for the Asian market. 12 Q. How long were you the general manager, 13 international? 14 A. Approximately seven years. 15 Q. What was your last year as general manager, 16 international? 17 A. 1999. 18 Q. What did you do after that? 19 A. Left the company and worked for another 20 company. 21 Q. Which company was that? 22 A. Golden State Lumber. 23 Q. What was your job title at Golden State Lumber? 24 A. Chief operating officer. 25 Q. As chief operating officer, what were your Aiken Welch Court Reporters D. Maxwell 05-09-03 11 1 duties? 2 A. Responsible for all facets of the company, 3 including sales, marketing and administration and 4 logistics. 5 Q. How long were you with Golden Gate (sic) 6 Lumber? 7 A. Approximately two years. 8 Q. What did you do after leaving Golden Gate (sic) 9 Lumber? 10 A. Golden State. 11 Q. Golden State Lumber. 12 A. Returned to Graybar. 13 Q. What was yourjob title when you returned to 14 Graybar? 15 A. Corporate account manager. 16 Q. You began as corporate account manager in 2001? 17 A. Correct. 18 Q. What was your duties -- what were your duties 19 and responsibilities as corporate account manager? 20 A. National -- national sales. 21 Q. Could you say a little bit more about that, 22 national sales? 23 A. Working with the Fortune 1,000, negotiating 24 agreements to serve those companies. 25 Q. How long were you corporate account manager? Aiken Welch Court Reporters D. Maxwell 05-09-03 12 1 A. Approximately eight months. 2 Q. And after those eight months, did you become 3 the vice president of Comm/Data sales? 4 A. Yes. 5 Q. Mr. Maxwell, is it your understanding today 6 you're appearing representing Graybar Electric as person 7 most knowledgeable? 8 A. Yes. 9 Q. In addition, are you being offered today as the 10 custodian of records? 11 MR. BLACKARD: Let me say for the record that 12 Mr. Maxwell is not being offered as the custodian of 13 records today. No such person exists for Graybar. 14 However, Mr. Maxwell is here to provide you with the 15 information you require on the document retention policy 16 and the documents we produced today. 17 MR. BUTLER: This would be a good time to 18 review the exhibits that have been previously marked. 19 Marked as Exhibit A is the notice of taking 20 deposition and request for production of documents. 21 Exhibit A is a ten-page document with attached proof of 22 service and service list. 23 Marked as Plaintiff's Exhibit B is the letter 24 rescheduling the date of this deposition, a one-page 25 document with the service list and a broadcast report Aiken Welch Court Reporters D. Maxwell 05-09-03 13 1 reflecting the facsimile transmittals. 2 Additionally, Mr. Blackard has brought with 3 him, and which have been marked, three documents. 4 Defendants' Exhibit 1 is Defendant Graybar Electric's 5 written objections to plaintiff's notice of the 6 deposition of Graybar Electric Company's custodian of 7 records and person most knowledgeable. 8 Defendants' Exhibit 2 is Graybar's records 9 retention policy. 10 Exhibit 3 is a two-page document -- excuse 11 me -- a three-page document titled "The Graybar Story." 12 BY MR. BUTLER: 13 Q. Mr. Maxwell, I'd ask you to take a look at 14 what's been marked as Plaintiff's Exhibit A. 15 A. Yes. 16 Q. Have you seen this document before, Mr. 17 Maxwell? 18 A. Yes. 19 Q. Did you review this document alone or with 20 someone? 21 A. Alone. 22 Q. After reviewing that document, did you take 23 steps to respond to the document? 24 A. Yes. 25 Q. What steps did you take in preparation for Aiken Welch Court Reporters D. Maxwell 05-09-03 14 1 responding to this document? 2 A. Relative -- there's different sections, of 3 course, in the document, but one step was to discuss 4 with our operations manager in Fresno relative to any 5 documents or data relative to the time period specified. 6 Q. Your documents manager in Fresno, who is that 7 person? 8 A. Andre Hardaman. 9 Q. Can you spell Mr. Hardaman's -- could you spell 10 his last name? 11 A. H-a-r-d-a-m-a-n. 12 Q. You stated earlier that Fresno is its own 13 market area. 14 Is Mr. Hardaman part of that Fresno office? 15 A. Correct. 16 Q. What did you ask Mr.Hardaman to do? 17 A. I requested that he conduct -- conduct a search 18 and a review to obtain any documents, any information, 19 any written data, any Microfiche any microfilm, any data 20 whatsoever, from the time period specified, 1945 to 21 1983. 22 Q. Did you direct any other personnel or employees 23 of Graybar to do anything in response to this notice? 24 A. No. 25 Q. Did you contactanyone outside the Fresno Aiken Welch Court Reporters D. Maxwell 05-09-03 15 1 office and direct them to do anything in response to 2 this notice? 3 MR. BLACKARD: Let me object to the extent it 4 calls for attorney-client communications. 5 BY MR. BUTLER: 6 Q. You may answer, Mr. Maxwell. 7 A. Yes. 8 Q. Who is that that you - 9 A. Our corporate counsel. 10 Q. Is that Mr. Blackard here? 11 MR. BLACKARD: Well, let me just clarify for 12 the record, I do represent Graybar. However, there is 13 also a legal department at home office. 14 BY MR. BUTLER: 15 Q. In your direction to Mr. Hardaman, did you give 16 him any parameters with regard to the years for his 17 search? 18 A. Yes. 19 Q. What were those parameters? 20 A. 1945 to 1983. 21 Q. Did Mr. Hardaman, if you know, direct any other 22 personnel or employees of Graybar Electric to do a 23 search for those records asked for in the notice? 24 A. I do not know the methodology he employed. 25 Q. What did Mr. Hardaman tell you in response to Aiken Welch Court Reporters D. Maxwell 05-09-03 16 1 your direction to search for records? 2 A. No information or documents existed, which is 3 consistent with our records retention policy. 4 Q. Graybar's records retention policy has been 5 marked as Defendants' Exhibit 2. 6 Tell me, please, Mr. Maxwell: How is it with 7 regard to the records retention policy that you expected 8 no records would be found? 9 A. I did not -- I did not have any preconceived 10 expectations. However, our records retention policy is 11 very clear in terms of duration we will maintain and 12 safeguard certain documents. 13 Q. What kinds of records are maintained at the 14 Fresno office? 15 MR. BLACKARD: Currently? 16 BY MR. BUTLER: 17 Q. First currently. 18 A. Currently there would be invoice records, 19 accounts payable records, accounts receivable records, 20 to summarize, administrative records, personnel records. 21 It would be quite an exhaustive list relative to all 22 documents that would be required to run an operation. 23 Q. Did the Fresno office maintain similar records 24 in 1945? 25 MR. BLACKARD: Calls for speculation. Aiken Welch Court Reporters D. Maxwell 05-09-03 17 1 THE WITNESS: I do not know. 2 BY MR. BUTLER: 3 Q. You've indicated you didn't expect the search 4 for records to be productive. 5 With regard to the records kept between 1945 6 and 1983, at what time do you believe those records were 7 purged or destroyed in the Fresno office? 8 A. Again, it's predicated based on the documents 9 themselves relative to the time frame that those 10 documents would be maintained. 11 Q. You gave a list of some of the records that are 12 currently kept at the Fresno office, such as invoices. 13 Are invoices -- are invoices purged or 14 destroyed routinely in the Fresno office during the time 15 period before 1983? If you know. 16 A. I don't personally know in that time period, 17 1983. 18 Q. The records related to products, customers, 19 personnel and services from 1945 to 1983, those records 20 related to the Fresno area, would they be kept anywhere 21 other than the Fresno office? 22 MR. BLACKARD: The question is overbroad and 23 calls for speculation. 24 BY MR. BUTLER: 25 Q. Did you understand my question? Aiken Welch Court Reporters D. Maxwell 05-09-03 18 1 A. Could you repeat the question, please? 2 Q. With regard to invoices, accounts receivable, 3 personnel records and the like, those records that are 4 currently kept or maintained by the Fresno office, prior 5 to 1983, would those records for the Fresno office or 6 Fresno area be kept anywhere other than the Fresno 7 office? 8 MR. BLACKARD: Same objections. 9 THE WITNESS: Generally speaking, no. However, 10 certain -- in certain document categories, it is likely, 11 as an example, some degree of personnel listing relative 12 to any employees or retirees may be maintained at our 13 corporate office. If, in fact, there are any documents 14 that are currently maintained, they would be at our 15 corporate office. I would need to refer to the records 16 retention policy specifically to answer that question 17 and have discussion with our corporate office. 18 BY MR. BUTLER: 19 Q. Are you familiar currently with the records 20 retention policy with regard to those records maintained 21 by the corporate office? 22 A. Generally speaking, yes. 23 Q. You stated earlier that you directed Mr. 24 Hardaman to do a search for those records requested in 25 the notice. Aiken Welch Court Reporters D. Maxwell 05-09-03 19 1 Again, you're saying you did not make any 2 additional requests or other requests of persons outside 3 the Fresno office? 4 A. Correct. 5 Q. Having just stated the possibility that there 6 are records related to the Fresno office that may exist 7 at the corporate office, why is it you did not make any 8 efforts to secure those records from the corporate 9 office? 10 MR. BLACKARD: I need to object in that the 11 question misstates his testimony. He testified that 12 certain categories of documents may exist at the 13 corporate office. 14 Go ahead. 15 BY MR. BUTLER: 16 Q. Simply, why didn't you check in with corporate 17 to see if there were any Fresno records there from the 18 period 1945 to 1983? 19 A. I did not believe there would be any documents 20 maintained other than perhaps the possibility of 21 personnel records. 22 Q. You did review the notice, Exhibit A, in this 23 matter, Mr. Maxwell, correct? 24 A. Correct. 25 MR. BUTLER: At this time, I would reserve my Aiken Welch Court Reporters D. Maxwell 05-09-03 20 1 right to further depose you regarding any records that 2 were not produced from the corporate office that would 3 be responsive to the notice. 4 MR. BLACKARD: Counsel, I'll tell you, you can 5 reserve whatever you want. I will also stand by my 6 written objections which have been made an exhibit to 7 this deposition. 8 BY MR. BUTLER: 9 Q. Mr. Maxwell, do you know how long -- the 10 current records retention policy you produced appeared 11 to be dated June 13th, 2002. 12 Do you know how long it's been in effect? 13 A. The records retention policy, the most recent 14 document, our current revision, is dated, as you 15 described, June 13th, 2002. 16 Q. Do you know if the records retention policy 17 that was in effect before 1983 -- would that policy 18 still be available to review? 19 A. I do not know. 20 Q. In the records retention policy, Defendants' 21 Exhibit 2, would that record retentions policy reflect 22 those documents and records that would be maintained or 23 kept by the Fresno office? 24 A. Yes. 25 Q. Do you know what records or categories of Aiken Welch Court Reporters D. Maxwell 05-09-03 21 1 records Mr. Hardaman would have reviewed or searched for 2 in response to this notice and your direction? 3 MR. BLACKARD: It's been asked and answered. 4 (Addressing witness) Go ahead. 5 THE WITNESS: Again, in the context of my 6 instructions to Mr. Hardaman, I asked him -- I 7 purposefully left it open-ended to produce any document 8 whatsoever, any information whatsoever, during the time 9 period 1945 to 1983. 10 BY MR. BUTLER: 11 Q. Did Mr. Hardaman tell you specifically what he 12 had done in an effort to secure or look for those 13 records? 14 A. He did not describe, nor did I ask for his 15 methodology. 16 MR. BUTLER: May we go off the record a moment? 17 (Recess taken.) 18 BY MR. BUTLER: 19 Q. Mr. Maxwell, in reviewing Defendants' Exhibit 20 2, the records retention policy, there's a category 3 21 here for sales and general operations. 22 Do you know if Mr. Hardaman looked for those 23 records with respect to this category sales and general 24 operations? 25 A. Yes. He was asked to look for any and all Aiken Welch Court Reporters D. Maxwell 05-09-03 22 1 documents. 2 Q. There's a category 3.5 for written agreements 3 that reflect there's a 20-year retention period. 4 Are you stating that there was a search for 5 written agreements, and there were no written agreements 6 existing from 1945 to 1983? 7 MR. BLACKARD: Asked and answered. 8 THE WITNESS: Correct. 9 BY MR. BUTLER: 10 Q. Do you know if corporate would have custody of 11 any written agreements from the time period 1945 to 12 1983? 13 MR. BLACKARD: Calls for speculation. 14 THE WITNESS: I do not have any personal 15 knowledge of such. 16 BY MR. BUTLER: 17 Q. Are there any branch offices that would have 18 records related to Fresno during the 1945 to 1983 19 period, any branch offices other than the Fresno office? 20 A. I do not believe so. 21 Q. Is the Fresno office responsible for any other 22 offices other than the -- any other areas other than the 23 Fresno area? 24 MR. BLACKARD: I want to object. "Responsible" 25 is a little vague. Aiken Welch Court Reporters D. Maxwell 05-09-03 23 1 (Addressing witness) Do you understand the 2 question? 3 THE WITNESS: Yes. 4 And the answer will be somewhat vague. They're 5 responsible for that general market area, which would 6 include surrounding cities. And to provide a little 7 further clarification, we have a branch in Modesto 8 that's responsible for that market area, and we have a 9 branch in Bakersfield that's responsible for that area 10 and also Santa Barbara. So if you envision those plats 11 on a map, Fresno would have a circular mark of 12 responsibility in between those points. 13 BY MR. BUTLER: 14 Q. Would any of those offices, such as the Modesto 15 office, have any records responsive to this deposition 16 notice? 17 A. I would not believe they would. 18 Q. During the years 1945 to 1983, those offices 19 that you just mentioned, the Modesto office and others, 20 were they in existence? 21 A. They were in 1983. I cannot comment the year 22 that they started prior to 1983. 23 Q. What is the relationship between Fresno and 24 those other offices, the Modesto office and the two 25 other offices you mentioned; is there a relationship Aiken Welch Court Reporters D. Maxwell 05-09-03 24 1 there? 2 MR. BLACKARD: Question is vague. 3 (Addressing witness) Go ahead. 4 THE WITNESS: In terms of management, each area 5 is independent from a management standpoint. The way 6 the company is structured, each branch is its own profit 7 center and managed as such. 8 BY MR. BUTLER: 9 Q. Would those offices share customer lists, 10 service the same customers, be of assistance to the same 11 customers? 12 A. No. 13 And I will add that the company policies are 14 very clear. Each market has a responsibility for 15 specific zip codes, and by design, the policy is 16 designed as such so there is no competition between 17 profit centers for the same customers. However, of 18 course, there could be a customer with a headquarters in 19 one market area that may have a branch office across the 20 country, in which case multiple locations could serve 21 that multi-location customer. 22 Q. Mr. Maxwell, are there any current employees in 23 the Fresno office employed at the Fresno office before 24 1983? 25 A. Not to my knowledge. Aiken Welch Court Reporters D. Maxwell 05-09-03 25 1 Q. Would Mr. Hardaman have produced those records 2 to you of those employees that were employed by the 3 Fresno office between 1945 to 1983 if they existed? 4 A. I did not request that information. 5 Q. Mr. Maxwell, do you know if there are any 6 catalogues maintained at the Fresno office related to 7 the period 1945 to 1983? 8 A. As part of the review and research by Mr. 9 Hardaman, he was asked to produce any and all documents 10 relative to that time frame. He replied there were 11 none. And catalogues would have been consistent with 12 that information. 13 Q. Did you specifically discuss catalogues or 14 brochures with Mr. Hardaman? 15 A. No. 16 Q. Would catalogues or brochures related to the 17 1945 to 1983 period be maintained by the corporate 18 office? 19 A. In the corporate office, there are catalogues. 20 They're maintained from a historical and archivable 21 perspective. 22 Q. Did you make a request of the corporate office 23 for any catalogues related to the 1945 to 1983 period? 24 MR. BLACKARD: Let me just say that catalogues 25 are the subject of objections, which has been marked as Aiken Welch Court Reporters D. Maxwell 05-09-03 26 1 Defense Exhibit 1. 2 THE WITNESS: No. 3 MR. BUTLER: I would reserve my right to 4 further depose you about any catalogues or brochures 5 maintained by the corporate office related to this 6 notice of taking deposition. 7 MR. BLACKARD: I would refer Counsel to written 8 objections, which have been marked as an exhibit, 9 Defense Exhibit No. 1. 10 BY MR. BUTLER: 11 Q. Would there be a list of catalogues available 12 to Mr. Hardaman in the Fresno office related to the 13 period 1945 to 1983? 14 MR. BLACKARD: Calls for speculation. 15 THE WITNESS: I do not believe so. In 16 referring to our records retention policy, catalogues 17 are not generally maintained, because they are to be 18 discarded after -- after -- after use, meaning when a 19 new catalogue is reissued with current products, the old 20 catalogue, by virtue of our records retention policy, is 21 discarded. 22 BY MR. BUTLER: 23 Q. You stated that the corporate office may 24 maintain or keep some catalogues or brochures for 25 archival or historical purposes. Aiken Welch Court Reporters D. Maxwell 05-09-03 27 1 Do you know if the Fresno office does the same, 2 maintain catalogues for archival or historical purposes? 3 MR. BLACKARD: It's been asked and answered. 4 THE WITNESS: I was -- the reply based on my 5 request for information was that we had no documents or 6 data or information whatsoever from the time period 1945 7 to 1983. 8 MR. BUTLER: Again, I reserve my right to 9 further depose you regarding catalogues, brochures, 10 archival documents kept at the Fresno office that are 11 subsequently produced related to the 1945 to 1983 12 period. 13 BY MR. BUTLER: 14 Q. Mr. Maxwell, if we were to go through each and 15 every category in the deposition notice, is it fair to 16 say that you did not review with Mr. Hardaman the 17 request in each and every category of the deposition 18 notice? 19 MR. BLACKARD: Well, the question lacks 20 foundation and assumes facts there was a reason to do so 21 in the first instance. 22 MR. BUTLER: I can ask it a little bit better. 23 BY MR. BUTLER: 24 Q. Did you review with Mr. Hardaman this 25 deposition notice? Aiken Welch Court Reporters D. Maxwell 05-09-03 28 1 A. Could you define further in terms of the 2 deposition notice? 3 Q. Simply I'll refer you to page 5 of Exhibit A. 4 A. Are you asking -5 Q. Go ahead. 6 A. -- relative to each specific number, was each 7 number read and discussed? 8 Q. Yes. With Mr. Hardaman. 9 A. No. 10 Q. Any of those categories from 1 to 23, were any 11 of those categories discussed specifically with Mr. 12 Hardaman? 13 MR. BLACKARD: The question assumes facts that 14 there was a reason to discuss each and every category in 15 the deposition notice with Mr. Hardaman. 16 THE WITNESS: The answer is no. And I'll refer 17 back to my earlier testimony in the context that the 18 instruction was clear, that if there was any information 19 whatsoever, data or documents, any information, that he 20 was to obtain it, disclose it, and in which case, it 21 would have been presented -- in which case if it 22 pertained to any of these categories, we would have 23 discussed it in greater detail. So based on his comment 24 that there was no information, documents or data, I did 25 not believe it was necessary, then, to review these Aiken Welch Court Reporters D. Maxwell 05-09-03 29 1 specific numbers. 2 BY MR. BUTLER: 3 Q. Did Mr. Hardaman discuss any documents or 4 materials that he did find that he feels unsure of, if 5 they were in compliance with your directives? 6 A. No. 7 Q. Do you know how long Mr. Hardaman searched for 8 any documents and materials that you asked? 9 MR. BLACKARD: The question has been asked and 10 answered. 11 THE WITNESS: No, I do not. 12 BY MR. BUTLER: 13 Q. Do you know if he spent more than a day? 14 MR. BLACKARD: Calls for speculation. 15 BY MR. BUTLER: 16 Q. Do you know if he personally did a search for 17 these records or documents? 18 A. I do not know. 19 Q. Mr. Maxwell, is there any policy in place with 20 regard to the search for records or documents pursuant 21 to the kind of request you made of Mr. Hardaman? 22 MR. BLACKARD: The question is vague and calls 23 for attorney-client privileged information. 24 (Addressing witness) To the extent you can 25 answer it without responding about anything that's been Aiken Welch Court Reporters D. Maxwell 05-09-03 30 1 discussed by either corporate counsel or myself, you can 2 do so. 3 THE WITNESS: I'm not aware of one. 4 BY MR. BUTLER: 5 Q. Does the Fresno office maintain personnel 6 records of those folks who were employed by Graybar 7 Electric between 1945 and 1983? 8 A. To the extent there were and still are 9 employees working in that location in that time period, 10 there may be data, but typically that information is 11 maintained at corporate -- our corporate office. 12 MR. BUTLER: Again, I reserve my right to 13 further depose you regarding any records responsive to 14 our notice of taking deposition and request for 15 production of documents that may be those records that 16 may be maintained by corporate. 17 BY MR. BUTLER: 18 Q. Mr. Maxwell, do you know if the Fresno office 19 currently has customers that have been customers with 20 the Fresno office before 1983? 21 MR. BLACKARD: Calls for speculation. 22 THE WITNESS: I don't personally have knowledge 23 of such, but it's possible. 24 BY MR. BUTLER: 25 What documents would reflect the history of Aiken Welch Court Reporters D. Maxwell 05-09-03 31 1 customers at Graybar Electric -- what documents that 2 would be retained by, say, the Fresno office -- what 3 documents would reflect the, if you will, length of 4 service for that particular customer? 5 MR. BLACKARD: Question assumes facts that 6 those documents exist. 7 THE WITNESS: I'm personally not aware of any 8 document or any record that we utilize on any consistent 9 basis that measures the starting date of our business 10 relationship with any customer. 11 BY MR. BUTLER: 12 Q. Are there any reports that reflect that a 13 particular customer has been a customer for a particular 14 length of service? 15 MR. BLACKARD: The question is overbroad and 16 vague as to time and lacks foundation. 17 THE WITNESS: No reports of which I'm aware. 18 BY MR. BUTLER: 19 Q. Are records maintained by the Fresno office 20 electronically? 21 MR. BLACKARD: Currently? 22 MR. BUTLER: Thank you. 23 BY MR. BUTLER: 24 Q. First currently. 25 A. Yes. Aiken Welch Court Reporters D. Maxwell 05-09-03 32 1 Q. Are there any records maintained by the Fresno 2 office electronically concerning business customers, 3 personnel between 1945 and 1983? 4 A. Not to my knowledge. 5 Q. Do you know if Mr. Hardaman would have made an 6 electronic search or a search for electronic records? 7 MR. BLACKARD: The question has been asked and 8 answered. 9 THE WITNESS: My request was to produce any 10 information, which he said there was none, and I would 11 believe it would be very unlikely. 12 MR. BUTLER: Again, I reserve my right to 13 further depose you should any electronically maintained 14 records or information be subsequently produced. 15 THE WITNESS: I might add as, well relative to 16 our records retention policy, electronic records are 17 also included in terms of the duration that such 18 categories of information are maintained. 19 BY MR. BUTLER: 20 Q. Which category is that in the records retention 21 policy? 22 MR. BLACKARD: Counsel, for the record, we 23 should count the number of pages this document is since 24 it was just marked as an exhibit. Let me do that real 25 quick. Aiken Welch Court Reporters D. Maxwell 05-09-03 33 1 THE WITNESS: Section 9 titled "Electronic 2 Records." 3 BY MR. BUTLER: 4 Q. Do you know when that category for electronic 5 records was first maintained or introduced into the 6 records retention policy? 7 A. I personally do not know. 8 MR. BLACKARD: Pursuant to my last comment, 9 this is a 12-page document. 10 BY MR. BUTLER: 11 Q. Directing your attention to category 9.4 under 12 category 9 for electronic records, it says that 13 "Computer files that replace paper files must be 14 retained for as long a period as the records they 15 replace." 16 Does that mean that if a computer file is made 17 to replace a paper file, such as we discussed before, 18 regarding written agreements, would those computer files 19 reflect the old paper files -- let me ask that a little 20 bit differently. 21 Before I do that, I noticed that, for instance, 22 under Section 7 for human resources, 7.2, regarding 23 written contracts, including labor and union agreements, 24 it says they are to be retained for 20 years. 25 Do you know if when a computer file replaces a Aiken Welch Court Reporters D. Maxwell 05-09-03 34 1 paper file, are the original paper files reflected in 2 the computer file? Maybe I should ask a more 3 foundational question. 4 At this time, do you know which computer 5 files -- excuse me -- what paper files have been 6 replaced by computer files? 7 MR. BLACKARD: The question is overbroad and 8 vague as to time and calls for speculation. 9 BY MR. BUTLER: 10 Q. Mr. Blackard has a good point there. 11 Mr. Maxwell, between the years 1945 and 1983, 12 do you know which paper files were replaced by computer 13 files? 14 A. I'm not aware there were any. 15 Q. There could be some computer files that have 16 replaced paper files? 17 MR. BLACKARD: Calls for speculation. 18 THE WITNESS: There could be. 19 BY MR. BUTLER: 20 Q. You did not direct Mr. Hardaman to make a 21 search of computer files that may contain information 22 related to the 1945 to 1983 period? 23 MR. BLACKARD: The question lacks foundation 24 and has been asked and answered. 25 THE WITNESS: No. That's not correct. I Aiken Welch Court Reporters D. Maxwell 05-09-03 35 1 specifically asked for any and all information. And 2 with respect to electronic records, it was -- that 3 evolution was a technological evolution wherein some 4 computer files replaced documentary information, for 5 example, electronic data, and those written records no 6 longer exist. So the policy records retention policy 7 simply states if accounts receivable would have 8 maintained them for a finite number of years, simply 9 because it's in the electronic medium, it would be 10 maintained for the exact amount as the paper file. 11 BY MR. BUTLER: 12 Q. Moving along, Mr. Maxwell, directing your 13 attention to page 8 of the notice, under the category 14 "Information Sought," under category 3, do you have any 15 information in response to this category? It says "All 16 information PERTAINING TO any and all 17 asbestos-containing products designed, manufactured, 18 sold and/or distributed by YOU between 1945 to 1983, 19 inclusive, including product types, model numbers, brand 20 names, trade names and other related information." 21 A. We do not possess any information. 22 Q. Do you have any personal knowledge related to 23 this category? 24 MR. BLACKARD: Let me object. He's not here to 25 provide personal knowledge but corporate knowledge. To Aiken Welch Court Reporters D. Maxwell 05-09-03 36 1 the extent he has personal knowledge that he has 2 obtained beyond conversations with counsel, I'll allow 3 him to answer the question. 4 THE WITNESS: I do not have any personal 5 knowledge other than to say that I was aware that in a 6 very limited finite number of stock-keeping units, 7 historically there were some products distributed that 8 contained asbestos-containing products. Again, a very 9 limited number. 10 BY MR. BUTLER: 11 Q. How is it that you have that bit of information 12 or that bit of knowledge? 13 A. Discussions with corporate counsel. 14 MR. BLACKARD: Which you're not supposed to 15 disclose, but that's okay. No harm, no foul. 16 BY MR. BUTLER: 17 Q. Similarly, did you have any discussion on that 18 topic with any staff other than corporate counsel, any 19 employees other than corporate counsel? 20 A. No. 21 Q. When did youfirst start working for Electric, 22 what year? 23 A. 1985. 24 Q. In 1985, did youhave any conversations with 25 Graybar Electric employees other than corporate counsel Aiken Welch Court Reporters D. Maxwell 05-09-03 37 1 related to information asked for in category 3? 2 A. No. 3 Q. Moving along to category 4, similarly, it asks 4 for "All information PERTAINING TO and/or identifying 5 the product formulas of any and all asbestos-containing 6 products designed, manufactured, sold and/or distributed 7 by YOU between 1945 and 1983, inclusive, including all 8 component parts of YOUR asbestos-containing products." 9 Do you have any personal information related to 10 this category? 11 A. No, I do not. 12 Q. In 1985, did you haveany discussions with 13 employees of Graybar Electric other than corporate 14 counsel that's responsive to this category? 15 A. None. 16 Q. Category 5, same question, do you have any 17 personal information? 18 A. I do not have any personal information other 19 than to state as a matter of policy relative to our 20 standard terms and conditions of sales, all warranties, 21 material safety data sheets, et cetera, would be passed 22 on to all of our customers. 23 Q. We've discussed this earlier, but you have no 24 records at this time or are not producing any records 25 related to this category or any of the categories here? Aiken Welch Court Reporters D. Maxwell 05-09-03 38 1 MR. BLACKARD: Let me object. As the question 2 has been posed, it's argumentative. We have indicated 3 that we have produced all documents that are responsive 4 to the extent such documents exist, with the exception 5 of the documents which are the subject of written 6 objection attached as Exhibit 1. 7 BY MR. BUTLER: 8 Q. Mr. Maxwell, are you producing any documents or 9 information related to category 5? 10 A. No. 11 Q. Do you have any personal information or 12 personal knowledge related to category 6 on page 8 here? 13 A. I do not. 14 Q. Have you spokenwith any employees of Graybar 15 Electric related to information that would be responsive 16 to category 6? 17 MR. BLACKARD: The question lacks foundation 18 and assumes facts that there's a reason to conduct such 19 a conversation. 20 BY MR. BUTLER: 21 Q. Currently have you spoken with anyone at 22 Graybar Electric other than corporate counsel related to 23 information asked for in category 6? 24 A. No. 25 Q. Way back in 1985, doyou recall any Aiken Welch Court Reporters D. Maxwell 05-09-03 39 1 conversations with Graybar employees other than 2 corporate counsel that would be -- that would reveal 3 information responsive to category 6? 4 MR. BLACKARD: The question assumes there was 5 any information that is responsive to category 6. 6 Objection; lacks foundation. 7 BY MR. BUTLER: 8 Q. Any conversations with anyone that revealed 9 some information responsive to category 6? 10 MR. BLACKARD: Same objection. 11 MR. BUTLER: This is back in 1985. 12 THE WITNESS: None. 13 BY MR. BUTLER: 14 Q. Category 7, do you have any personal knowledge 15 that would be responsive to information asked for in 16 category 7? 17 A. No. 18 Q. Moving to category 8, do you have any personal 19 knowledge that would be responsive to the information 20 requested in category 8? 21 A. No. 22 Q. Same question for category 9. 23 A. No. 24 Q. Same question with regard to category 10. 25 A. No. Aiken Welch Court Reporters D. Maxwell 05-09-03 40 1 Q. How about category 11, which asks for "All 2 information PERTAINING TO the date on which YOU first 3 became aware that there were health risks associated 4 with exposure to ASBESTOS and/or asbestos-containing 5 products"? 6 MR. BLACKARD: And I assume, Counsel -- are you 7 done? 8 MR. BUTLER: Yes. 9 MR. BLACKARD: I'm assuming you mean the 10 corporate request, not him personally? 11 MR. BUTLER: Ask it both ways. 12 BY MR. BUTLER: 13 Q. In your corporate capacity, Mr. Maxwell, do you 14 have any information pertaining to the dates when you 15 first became aware there were health risks associated 16 with exposure to asbestos and/or asbestos-containing 17 products? 18 A. Relative to the corporation, I don't have that 19 information. 20 Q. How about personally; do you have any 21 information responsive to category 11? 22 A. Other than what one would pick up on a daily 23 basis, no special knowledge, and I cannot recall the 24 date when I first was made aware there were health risks 25 associated with ACP. Aiken Welch Court Reporters D. Maxwell 05-09-03 41 1 Q. Generally, what information do you have with 2 regard to category 1? 3 MR. BLACKARD: Calls for speculation. 4 BY MR. BUTLER: 5 Q. I'm asking what you know. 6 A. Personally? 7 Q. Yes. 8 MR. BLACKARD: Let me object that the question 9 is irrelevant, that it's not calculated to lead to the 10 discovery of admissible evidence. I'm trying not to 11 make that objection very often. 12 (Addressing witness) But if you have any 13 information to move this along... 14 THE WITNESS: I don't have any -- I'm not aware 15 of any information I would personally have that's not 16 available to the general public. 17 BY MR. BUTLER: 18 Q. Have you had any conversations with any Graybar 19 Electric employees that would reveal information 20 responsive to category 12? 21 MR. BLACKARD: The question lacks foundation, 22 assumes facts not in evidence. 23 THE WITNESS: No personal knowledge, although I 24 will refer back to my earlier testimony that relative to 25 our company policy, standard terms and conditions of Aiken Welch Court Reporters D. Maxwell 05-09-03 42 1 sales, that any and all warranties that are given us by 2 the manufacturer, including any documents such as 3 material safety data sheets, would have been passed on 4 to any and all customers that purchase that 5 manufacturer's products. 6 BY MR. BUTLER: 7 Q. When you directed Mr. Hardaman to do his search 8 for records and information, did you discuss or use the 9 word "asbestos" at all? 10 A. Relative to his search for information, 11 documents, data, no. 12 Q. Specifically what did you ask or direct Mr. 13 Hardaman to do? 14 MR. BLACKARD: It's been asked and answered. 15 BY MR. BUTLER: 16 Q. Could you answer? 17 A. Conduct a thorough research, review and 18 inspection to produce any data, documents, information 19 whatsoever from the time period 1945 to 1983. 20 MR. BLACKARD: That's the last time he's going 21 to answer that question. 22 BY MR. BUTLER: 23 Q. Moving to category 13, have you produced any 24 information responsive to category 13? 25 A. I do not have any information. Aiken Welch Court Reporters D. Maxwell 05-09-03 43 1 Q. With regard to the remaining categories, 14 2 through 19, you're not producing any information 3 responsive to those categories today; is that correct? 4 MR. BLACKARD: The question assumes there's any 5 information to provide in those categories, so I object 6 because it lacks foundation. To the extent he can 7 answer, I'll let him do so. 8 THE WITNESS: That is correct. 9 BY MR. BUTLER: 10 Q. Looking at category 18, it asks for "All 11 information PERTAINING TO and/or identifying the 12 distributors of YOUR asbestos-containing products in 13 Fresno, California, between 1945 and 1983, inclusive." 14 In your directions to Mr. Hardaman, what was 15 your expectation as to where he would look for that 16 information? 17 MR. BLACKARD: The question assumes facts and 18 calls for speculation. 19 BY MR. BUTLER: 20 Q. If you didn't use the word "asbestos" in your 21 discussions with Mr. Hardaman about all these 22 categories, 18 and 19 and others, asking specifically 23 about asbestos-containing products, how is it that you 24 expected him to find that information if it existed? 25 A. Understanding our records retention policy and Aiken Welch Court Reporters D. Maxwell 05-09-03 44 1 to the extent that our management employees are required 2 to comply with that policy, it did not surprise me when 3 I gave him an open-ended question to produce any 4 documents, data, information whatsoever from the time 5 period 1945 to 1983 that he produced none. 6 MR. BUTLER: May we go off the record a moment? 7 (Recess taken.) 8 BY MR. BUTLER: 9 Q. Mr. Maxwell, Defense Exhibit 3 is "The Graybar 10 Story." 11 How is it that you're producing that today? 12 MR. BLACKARD: The record should reflect that 13 the document was in possession of counsel and has been 14 produced pursuant to your request for production of 15 documents. 16 BY MR. BUTLER: 17 Q. Mr. Maxwell, are there some current customers 18 serviced by the Fresno office that were customers before 19 1983? 20 MR. BLACKARD: It's been asked and answered. 21 THE WITNESS: I'm not personally aware of any 22 customers. It is possible. 23 BY MR. BUTLER: 24 Q. Given the records that are currently maintained 25 by the Fresno office, is it possible to identify those Aiken Welch Court Reporters D. Maxwell 05-09-03 45 1 customers that, indeed, have been doing business with 2 the Fresno office before 1983? 3 MR. BLACKARD: Calls for speculation, assumes 4 facts. 5 THE WITNESS: I'm not aware of any reports that 6 would provide that information so we could in turn 7 provide it to you. 8 BY MR. BUTLER: 9 Q. How about records; are there some records that 10 a staff person or employee in the Fresno office could 11 refer to that would show that a current customer had 12 been doing business before 1983? 13 MR. BLACKARD: Calls for speculation, lacks 14 foundation. 15 THE WITNESS: I'm not aware of any existing 16 records. And, in fact, if there were such records, I 17 would have expected those would have been produced as 18 requested, and the reply is there were none. 19 MR. BUTLER: I don't have any more questions, 20 Mr. Maxwell. 21 For the record, I must reserve my right to 22 reconvene this deposition of the person most 23 knowledgeable and custodian of records deposition given 24 the inability of you to answer some of the questions 25 I've posed regarding the existence of records at the Aiken Welch Court Reporters D. Maxwell 05-09-03 46 1 Fresno office or the corporate office or lack thereof. 2 MR. BLACKARD: Let me just say I object to the 3 use of the phrase "inability to answer questions." Each 4 question was answered to the best of this witness's 5 knowledge. I wasn't counting them, but I think you 6 reserved your right five times to redepose this witness. 7 To the extent that you have a right to do so, correct. 8 MR. BUTLER: Very good. 9 MR. BLACKARD: Anybody else have any questions? 10 Thank you. 11 (Whereupon the deposition was adjourned at 12 11:24 a.m.) 13 14 15 16 SIGNATURE OF WITNESS 17 18 19 20 21 22 23 24 25 Aiken Welch Court Reporters D. Maxwell 05-09-03 47 1 STATE OF CALIFORNIA ) 2 ) ss. 3 COUNTY OF ALAMEDA ) 4 5 I, SANDRA M. LEE, do hereby certify: 6 That DAVID MAXWELL, in the foregoing deposition 7 named, was present and by me sworn as a witness in the 8 above-entitled action at the time and place therein 9 specified; 10 That said deposition was taken before me at 11 said time and place, and was taken down in shorthand by 12 me, a Certified Shorthand Reporter of the State of 13 California, and was thereafter transcribed into 14 typewriting, and that the foregoing transcript 15 constitutes a full, true and correct report of said 16 deposition and of the proceedings which took place; 17 IN WITNESS WHEREOF, I have hereunder subscribed 18 my hand this 26th day of May 2003. 19 20 SANDRA M. LEE, CSR NO. 9971 21 State of California 22 23 24 25 Aiken Welch Court Reporters D. Maxwell 05-09-03 48 Page 1 A abex 5:9 ability 8:19 aboveentitled 48:8 account 12:15,16 12:19,25 accounts 10:4 17:19,19 19:2 36:7 acp 41:25 action 3:9 48:8 add 25:13 33:15 addition 13:9 additional 20:2 additionally 14:2 addressing 22:4 24:1 25:3 30:24 42:12 adjourned 47:11 administration 12:3 administrative 17:20 admissible 42:10 admonitions 7:9 affect 8:18 ago 6:24 agreements 12:24 23:2,5,5,11 34:18 34:23 ahead 8:10 20:14 22:4 25:3 29:5 aiken 3:5 alameda 48:3 aldridge 4:15 allard 3:23 allow 37:2 amaro 4:21 american 4:23 amount 36:10 andre 15:8 angelo 3:13 6:10 answer 8:10 16:6 19:16 24:4 29:16 30:25 37:3 43:16 43:21 44:7 46:24 47:3 answered 22:3 23:7 28:3 30:10 33:8 35:24 43:14 45:20 47:4 anybody 47:9 appeared 3:8,14,19 3:24 4:3,7,13,17 4:23 5:3,8 21:10 appearing 13:6 approximately 6:24 9:24 10:15 10:20 11:4,14 12:7 13:1 archer 3:17 archivable 26:20 archival 27:25 28:2 28:10 area 10:22,23,25 15:13 18:20 19:6 23:23 24:5,8,9 25:4,19 areas 9:17 23:22 argumentative 39:2 asbestos 1:7 41:4 41:16 43:9 44:20 asbestoscontaining 36:17 37:8 38:5,8 41:4,16 44:12,23 asbestosrelated 7:3 asian 11:11 asked 16:23 22:3,6 22:25 23:7 26:9 28:3 30:8,9 33:7 35:24 36:1 38:1 39:23 40:15 43:14 45:20 asking 29:4 42:5 44:22 asks 38:3 41:1 44:10 assignment 10:16 assistance 25:10 associated 41:3,15 41:25 assume 8:11 41:6 assumes 28:20 29:13 32:5 39:18 40:4 42:22 44:4 44:17 46:3 assuming 41:9 attached 13:21 39:6 attended 9:6 attention 34:11 36:13 attorneyclient 16:4 30:23 automotive 4:8 available 21:18 27:11 42:16 aware 31:3 32:7,17 35:14 37:5 41:3 41:15,24 42:14 45:21 46:5,15 B bachelors 9:1 back 29:17 39:25 40:11 42:24 background 8:24 bakersfield 24:9 balances 10:11 bank 4:19 barbara 24:10 barry 4:1 based 18:8 28:4 29:23 basis 32:9 41:23 bay 10:22,23 began 12:16 beginning 10:20 behalf 3:15,19,24 4:3,8,13,17,23 5:3 5:8 believe 18:6 20:19 23:20 24:17 27:15 29:25 33:11 bennett 3:22 best 8:19 47:4 better 28:22 beyond 37:2 bhc 1:7 bishop 4:1 bit 9:20 12:21 28:22 34:20 37:11 37:12 blackard 3:17 13:11 14:2 16:3 16:10,11 17:15,25 18:22 19:8 20:10 21:4 22:3 23:7,13 23:24 25:2 26:24 27:7,14 28:3,19 29:13 30:9,14,22 31:21 32:5,15,21 33:7,22 34:8 35:7 35:10,17,23 36:24 37:14 39:1,17 40:4,10 41:6,9 42:3,8,21 43:14 43:20 44:4,17 45:12,20 46:3,13 47:2,9 blumberg 4:21 boiler 5:4 borgwarner 4:8 boulevard 5:7 branch 10:18,19 11:2,3 23:17,19 24:7,9 25:6,19 brand 36:19 brayton 3:13 6:11 briefly 7:11 broadcast 13:25 brochures 26:14,16 27:4,24 28:9 brothers 3:25 brought 14:2 brown 4:6 5:1 burnham 4:6 business 9:1 32:9 33:2 46:1,12 butler 2:2 3:13 6:9 6:10 13:17 14:12 16:5,14 17:16 18:2,24 19:18 20:15,25 21:8 22:10,16,18 23:9 23:16 24:13 25:8 27:3,10,22 28:8 28:13,22,23 30:2 30:12,15 31:4,12 31:17,24 32:11,18 32:22,23 33:12,19 34:3,10 35:9,19 36:11 37:10,16 39:7,20 40:7,11 40:13 41:8,11,12 42:4,17 43:6,15 43:22 44:9,19 45:6,8,16,23 46:8 46:19 47:8 C calculated 42:9 california 1:1 3:6 3:14,18,24 4:3,7 4:12,17,19,22 5:3 5:8 9:2 44:13 48:1,13,21 calls 16:4 17:25 18:23 23:13 27:14 30:14,22 31:21 35:8,17 42:3 44:18 46:3,13 capacity 41:13 carbide 4:18 case 8:4 25:20 29:20,21 catalogue 27:19,20 catalogues 26:6,11 26:13,16,19,23,24 27:4,11,16,24 28:2,9 categories 19:10 20:12 21:25 29:10 29:11,22 33:18 38:25 44:1,3,5,22 category 22:20,23 23:2 28:15,17 29:14 33:20 34:4 34:11,12 36:13,14 36:15,23 38:1,3 38:10,14,16,25 39:9,12,16,23 40:3,5,9,14,16,18 40:20,22,24 41:1 41:21 42:2,20 43:23,24 44:10 cause 3:10 caution 8:1 center 25:7 Aiken Welch Court Reporters D. Maxwell 05-09-03 Page 2 centers 25:17 certain 17:12 19:10 19:10 20:12 certainteed 4:18 certified 3:7 48:12 certify 48:5 cetera 38:21 chance 7:23 change 2:17 changes 7:24 8:2 check 20:16 chief 11:24,25 christopher 5:1 circular 24:11 cities 24:6 city 1:2 5:2 clarification 8:8 24:7 clarify 16:11 clear 17:11 25:14 29:18 codes 25:15 collections 10:5 comm 9:9,11,13 13:3 commencing 3:4 comment 24:21 29:23 34:8 commented 8:3 communication 9:15,16 communications 16:4 companies 12:24 company 3:20 6:19 9:25 11:19,20,21 12:2 25:6,13 42:25 companys 2:20,21 14:6 competition 25:16 compliance 30:5 comply 45:2 component 38:8 comprises 9:16 computer 34:13,16 34:18,25 35:2,4,6 35:12,15,21 36:4 concerning 33:2 conditions 38:20 42:25 conduct 15:17,17 39:1843:17 consistent 17:3 26:11 32:8 constance 5:6 constitutes 48:15 contact 15:25 contain 35:21 contained 10:10 37:8 context 22:5 29:17 contracts 34:23 contrasting 8:3 conversation 39:19 conversations 37:2 37:24 40:1,8 42:18 corporate 12:15,16 12:19,25 16:9 19:13,15,17,21 20:7,8,13,16 21:2 23:10 26:17,19,22 27:5,23 31:1,11 31:11,16 36:25 37:13,18,19,25 38:13 39:22 40:2 41:10,13 47:1 corporation 4:9,18 4:19 5:10 41:18 correct 12:17 15:15 20:4,23,24 23:8 35:25 44:3,8 47:7 48:15 counsel 7:9 16:9 21:4 27:7 31:1 33:22 37:2,13,18 37:19,25 38:14 39:22 40:2 41:6 45:13 count 33:23 counting 47:5 country 25:20 county 1:2 48:3 couple 7:8 course 9:5 15:3 25:18 court 1:1 7:15,21 credit 9:25 10:4 creek 3:18 5:8 csr 1:20 48:20 current 10:12 21:10,14 25:22 27:19 45:17 46:11 currently 6:16 17:15,17,18 18:12 19:4,14,19 31:19 32:21,24 39:21 45:24 custodian 2:21 13:10,12 14:6 46:23 custody 23:10 customer 9:14 25:9 25:18,21 32:4,10 32:13,13 46:11 customers 10:7,8,9 18:18 25:10,11,17 31:19,19 32:1 33:2 38:22 43:4 45:17,18,22 46:1 D daily 41:22 dakin 9:25,25 dap 4:13 data 9:9,11,13 13:3 15:5,19,19 28:6 29:19,24 31:10 36:5 38:21 43:3 43:11,1845:4 date 2:17 13:24 32:9 41:2,24 dated 21:11,14 dates 41:14 david 1:15 3:1,8 6:6 48:6 day 3:4 30:13 48:18 decker 4:21 defendant 2:20 3:19,24 4:3,13,23 5:3 14:4 defendants 1:7,8 2:19 4:8,18 5:9 6:3 14:4,8 17:5 21:2022:19 defense 27:1,9 45:9 define 29:1 degree 9:1 19:11 department 16:13 depose 21:1 27:4 28:9 31:13 33:13 deposition 1:15 2:15,21 3:1 6:20 6:22 7:1,5,13 8:21 13:20,24 14:6 21:7 24:15 27:6 28:15,17,25 29:2 29:15 31:14 46:22 46:23 47:11 48:6 48:10,16 describe 22:14 described 21:15 design 25:15 designed 25:16 36:17 38:6 destroyed 18:7,14 detail 29:23 devil 4:4 didnt 18:3 20:16 44:20 different 15:2 differently 34:20 direct 15:22 16:1 16:21 35:20 43:12 directed 19:23 43:7 directing 34:11 36:12 direction 16:15 17:1 22:2 directions 44:14 directives 30:5 discarded 27:18,21 disclose 29:20 37:15 discovery 42:10 discuss 15:3 26:13 29:14 30:3 43:8 discussed 29:7,11 29:23 31:1 34:17 38:23 discussion 19:17 37:17 discussions 37:13 38:12 44:21 distributed 36:18 37:7 38:6 distributors 44:12 district 9:15,17 document 13:15,21 13:25 14:10,11,16 14:19,22,23 15:1 15:3 19:10 21:14 22:7 32:8 33:23 34:9 45:13 documentary 36:4 documents 2:16 13:16,20 14:3 15:5,6,18 17:2,12 17:22 18:8,10 19:13 20:12,19 21:22 23:1 26:9 28:5,10 29:19,24 30:3,8,17,20 31:15,25 32:1,3,6 39:3,4,5,8 43:2,11 43:18 45:4,15 doing 46:1,12 domco 5:9 dont 18:16 31:22 41:18 42:14 46:19 drummond 5:6 duly 3:9 duration 17:11 33:17 duties 9:12 10:2,19 11:8 12:1,18,18 E earlier 15:12 19:23 29:17 38:23 42:24 education 8:25 effect 7:14 21:12,17 effort 22:12 efforts 20:8 eight 13:1,2 either 31:1 electric 2:20,21 3:19 6:19 9:8 13:6 14:6 16:22 Aiken Welch Court Reporters D. Maxwell 05-09-03 Page 3 31:7 32:1 37:21 37:25 38:13 39:15 39:22 42:19 electrics 14:4 electronic 33:6,6 33:16 34:1,4,12 36:2,5,9 electronically 32:20 33:2,13 emeryville 4:2 employed 6:16 10:13 11:3 16:24 25:23 26:2 31:6 employee 46:10 employees 15:22 16:22 19:12 25:22 26:2 31:9 37:19 37:25 38:13 39:14 40:1 42:19 45:1 employer 6:18 envision 24:10 et 38:21 eugene 3:17 evidence 42:10,22 evolution 36:3,3 exact 36:10 examination 2:2 6:9 examined 3:10 example 19:11 36:5 exception 39:4 excuse 14:10 35:5 exhaustive 17:21 exhibit 6:3 13:19 13:21,23 14:4,8 14:10,14 17:5 20:22 21:6,21 22:19 27:1,8,9 29:3 33:24 39:6 45:9 exhibits 6:1 13:18 exist 20:6,12 32:6 36:6 39:4 existed 17:2 26:3 44:24 existence 24:20 46:25 existing 23:6 46:15 exists 13:13 expect 7:10 18:3 expectation 44:15 expectations 17:10 expected 17:7 44:24 46:17 experience 9:21 exposure 41:4,16 extension 10:4 extent 16:3 30:24 31:8 37:1 39:4 44:6 45:1 47:7 F facets 12:2 facsimile 14:1 fact 19:13 46:16 facts 28:20 29:13 32:5 39:18 42:22 44:17 46:4 fair 28:15 fairly 7:21 familiar 19:19 federal 4:19 feel 7:24 8:1,18 feels 30:4 file 34:16,17,25 35:1,2 36:10 files 34:13,13,18,19 35:1,5,5,6,12,13 35:15,16,21 36:4 financial 10:1,2,6 10:13,16 find 30:4 44:24 finite 36:8 37:6 firm 6:11 first 3:9 17:17 28:21 32:24 34:5 37:21 41:2,15,24 five 47:6 flanagan 4:6 floor 4:7 5:9 folks 31:6 follows 6:8 force 7:14 foregoing 48:6,14 formulas 38:5 fortune 12:23 forward 8:22 foul 37:15 found 17:8 foundation 28:20 32:16 35:23 39:17 40:6 42:21 44:6 46:14 foundational 35:3 frame 18:9 26:10 francisco 1:2 4:12 4:12,17,22 fresno 10:23,25 11:1,2 15:4,6,12 15:14,25 17:14,23 18:7,12,14,20,21 19:4,5,6,6 20:3,6 20:17 21:23 23:18 23:19,21,23 24:11 24:23 25:23,23 26:3,6 27:12 28:1 28:10 31:5,18,20 32:2,19 33:1 44:13 45:18,25 46:2,10 47:1 full 7:14 48:15 further 21:1 24:7 27:4 28:9 29:1 31:13 33:13 ________ G gate 12:5,8 general 11:7,8,12 11:15 22:21,23 24:5 42:16 generally 19:9,22 27:17 42:1 gifford 5:7 give 7:14 8:19 16:15 given 7:8,10 43:1 45:24 46:23 giving 7:15 go 7:8 8:4,10,22 20:14 22:4,16 25:3 28:14 29:5 45:6 going 43:20 golden 11:22,23 12:5,8,10,11 good 6:10 13:17 35:10 47:8 graduated 9:21 graybar 2:20,21,24 3:19 6:19 9:8 10:1,3,6,14 12:12 12:14 13:6,13 14:4,6,11 15:23 16:12,22 31:6 32:1 37:25 38:13 39:14,22 40:1 42:18 45:9 graybars 10:1 14:8 17:4 greater 10:22,23 29:23 H hand 48:18 haney 4:1 hardaman 15:8,11 15:14,16 16:15,21 16:25 19:24 22:1 22:6,11,22 26:1,9 26:14 27:12 28:16 28:24 29:8,12,15 30:3,7,21 33:5 35:20 43:7,13 44:14,21 hardamans 15:9 harm 37:15 harrison 4:6 headquarters 25:18 health 41:3,15,24 helmer 5:1 hereunder 48:17 hes 36:24 43:20 historical 26:20 27:25 28:2 historically 37:7 history 9:22 31:25 home 16:13 hopkins 1:4,4 6:12 6:12 hour 3:4 hours 8:16 howe 4:1 human 34:22 I id 9:20 14:13 identification 6:2,4 identify 45:25 identifying 38:4 44:11 ill 21:4 29:3,16 37:2 44:7 im 6:11 7:9 9:14 31:3 32:7,17 35:14 41:9 42:5 42:10,14 45:21 46:5,15 inability 46:24 47:3 include 10:23 24:6 included 10:25 33:17 including 9:18 12:3 34:23 36:19 38:7 43:2 inclusive 36:19 38:7 44:13 independent 25:5 indicated 18:3 39:2 informal 7:13 information 10:9 13:15 15:18 17:2 22:8 26:4,12 28:5 28:6 29:18,19,24 30:23 31:10 33:10 33:14,18 35:21 36:1,4,14,15,16 36:20,21 37:11 38:1,4,9,17,18 39:9,11,15,23 40:3,5,9,15,19 41:2,14,19,21 42:1,13,15,19 43:8,10,18,24,25 44:2,5,11,16,24 45:4 46:6 inspection 43:18 instance 28:21 34:21 instruction 29:18 Aiken Welch Court Reporters D. Maxwell 05-09-03 Page 4 instructions 22:6 international 4:9 11:7,9,13,16 introduced 34:5 invoice 17:18 invoices 10:11 18:12,13,13 19:2 involved 6:25 irrelevant 42:9 ive 46:25 J jackson 4:11 jane 4:21 jennifer 4:15 job 9:12 11:8,23 12:13 joined 10:1 june 2:23 21:11,15 K kaiser 3:6 karen 3:22 keep 27:24 kept 18:5,12,20 19:4,6 21:23 28:10 kind 30:21 kinds 17:13 kisch 4:1 know 16:21,24 18:1 18:15,16 21:9,12 21:16,19,25 22:22 23:10 26:5 28:1 30:7,13,16,18 31:18 33:5 34:4,7 34:25 35:4,12 42:5 knowledge 23:15 25:25 31:22 33:4 36:22,25,25 37:1 37:5,12 39:12 40:14,19 41:23 42:23 47:5 knowledgeable 2:22 13:7 14:7 46:23 L labor 34:23 lack 47:1 lacks 28:19 32:16 35:23 39:17 40:6 42:21 44:6 46:13 landing 3:14 law 7:15 lead 42:9 leaving 12:8 lee 1:19 3:7 4:15 48:5,20 left 11:19 22:7 legal 7:11 16:13 length 32:3,14 letter 13:23 limited 37:6,9 list 10:10 13:22,25 17:21 18:11 27:11 listing 10:8 19:11 lists 10:7 25:9 little 8:24 9:20 12:21 23:25 24:6 28:22 34:19 location 31:9 locations 25:20 logistics 10:21 11:11 12:4 long 4:15 10:13 11:3,12 12:5,25 21:9,12 30:7 34:14 longer 36:6 look 14:13 22:12,25 44:15 looked 22:22 looking 44:10 lumber 11:22,23 12:6,9,11 M main 3:17 maintain 10:7 17:11,23 27:24 28:2 31:5 maintained 17:13 18:10 19:4,12,14 19:20 20:20 21:22 26:6,17,20 27:5 27:17 31:11,16 32:19 33:1,13,18 34:5 36:8,10 45:24 managed 25:7 management 25:4 25:5 45:1 manager 10:1,2,6 10:13,17,18,19 11:3,7,8,12,15 12:15,16,19,25 15:4,6 manufactured 36:17 38:6 manufacturer 43:2 manufacturers 43:5 map 24:11 mark 24:11 marked 6:1,4 13:18 13:19,23 14:3,14 17:5 26:25 27:8 33:24 markedly 8:2 market 4:16 11:1 11:11 15:13 24:5 24:8 25:14,19 marketing 12:3 marlene 1:4 6:12 marshall 5:2 material 38:21 43:3 materials 30:4,8 matter 7:3 20:23 38:19 maxwell 1:15 3:1,8 6:6,15,15,16 7:6 8:22 13:5,12,14 14:13,17 16:6 17:6 20:23 21:9 22:19 25:22 26:5 28:14 30:19 31:18 35:11 36:12 39:8 41:13 45:9,17 46:20 48:6 mckenna 4:15 mean 34:16 41:9 meaning 27:18 measures 32:9 medication 8:15 medium 36:9 mentioned 24:19 24:25 methodology 16:24 22:15 microfiche 15:19 microfilm 15:19 misstates 20:11 model 36:19 modesto 24:7,14,19 24:24 moment 22:16 45:6 months 13:1,2 morning 6:10 move 42:13 moving 36:12 38:3 40:18 43:23 multilocation 25:21 multiple 25:20 N name 6:10,14 15:10 named 48:7 names 36:20,20 national 12:20,20 12:22 necessary 7:25 29:25 need 8:1,24 19:15 20:10 negotiating 12:23 nelson 5:6 new 27:19 norman 1:4 6:12 norris 3:17 nos 6:3 notice 2:15,17,21 3:3 13:19 14:5 15:23 16:2,23 19:25 20:22 21:3 22:2 24:16 27:6 28:15,18,25 29:2 29:15 31:14 36:13 noticed 34:21 novato 3:14 number 29:6,7 33:23 36:8 37:6,9 numbers 30:1 36:19 O o0o 1:3 3:11 oakland 3:6,23 4:7 oath 7:12 object 16:3 20:10 23:24 36:24 39:1 42:8 44:5 47:2 objection 39:6 40:6 40:10 42:11 objections 2:20 14:5 19:8 21:6 26:25 27:8 obtain 15:18 29:20 obtained 37:2 offered 13:9,12 office 15:14 16:1,13 17:14,23 18:7,12 18:14,21 19:4,5,7 19:13,15,17,21 20:3,6,7,9,13 21:2 21:23 23:19,21 24:15,19,24 25:19 25:23,23 26:3,6 26:18,19,22 27:5 27:12,23 28:1,10 31:5,11,18,20 32:2,19 33:2 45:18,25 46:2,10 47:1,1 officer 11:24,25 offices 3:5 23:17,19 23:22 24:14,18,24 24:25 25:9 okay 37:15 old 27:19 34:19 olympic 5:7 onepage 13:24 oneyear 11:5 openended 22:7 45:3 operating 11:24,25 operation 17:22 operations 15:4 Aiken Welch Court Reporters D. Maxwell 05-09-03 Page 5 22:21,24 original 35:1 outside 15:25 20:2 outstanding 10:11 overbroad 18:22 32:15 35:7 overview 7:10 P page 2:1,14 29:3 36:13 39:12 pages 1:16 33:23 pak 3:22 paper 34:13,17,19 35:1,1,5,12,16 36:10 parameters 16:16 16:19 part 15:14 26:8 particular 32:4,13 32:13 parties 6:25 parts 38:8 passed 38:21 43:3 payable 17:19 penalties 7:16 period 15:5,20 18:15,16 20:18 22:9 23:3,11,19 26:7,17,23 27:13 28:6,12 31:9 34:14 35:22 43:19 45:5 perjury 7:16 person 2:22 13:6 13:13 14:7 15:7 46:10,22 personal 23:14 36:22,25 37:1,4 38:9,17,18 39:11 39:12 40:14,18 42:23 personally 3:8 18:16 30:16 31:22 32:7 34:7 41:10 41:20 42:6,15 45:21 personnel 15:22 16:22 17:20 18:19 19:3,11 20:21 31:5 33:3 persons 20:2 perspective 26:21 pertained 29:22 pertaining 36:16 38:4 41:2,14 44:11 phrase 47:3 pick 41:22 pine 4:22 place 30:19 48:8,11 48:16 plaintiffs 1:5 2:15 2:20 3:15 6:1 13:23 14:5,14 plats 24:10 plaza 3:6 4:16 please 6:13 8:8,25 17:6 19:1 pneumo 5:9 point 35:10 points 24:12 policies 25:13 policy 2:23 13:15 14:9 17:3,4,7,10 19:16,20 21:10,13 21:16,17,20,21 22:20 25:15 27:16 27:20 30:19 33:16 33:21 34:6 36:6,6 38:19 42:25 44:25 45:2 posed 39:2 46:25 possess 36:21 possession 45:13 possibility 20:5,20 possible 31:23 45:22,25 postgraduate 9:3 powell 4:2 preconceived 17:9 predicated 18:8 preparation 14:25 present 48:7 presented 29:21 president 9:9,11,13 13:3 previously 13:18 primarily 10:4 prindle 4:21 prior 10:11 19:4 24:22 privileged 30:23 probably 8:3 proceeding 7:11 proceedings 48:16 produce 22:7 26:9 33:9 43:18 45:3 produced 3:8 13:16 21:2,10 26:1 28:11 33:14 39:3 43:23 45:5,14 46:17 producing 38:24 39:8 44:2 45:11 product 36:19 38:5 production 2:16 13:20 31:15 45:14 productive 18:4 products 4:13 5:9 18:18 27:19 36:17 37:7,8 38:6,8 41:5 41:17 43:5 44:12 44:23 profit 25:6,17 proof 13:21 provide 13:14 24:6 36:25 44:5 46:6,7 provided 7:22 public 42:16 purcell 3:13 6:11 purchase 43:4 purged 18:7,13 purposefully 22:7 purposes 27:25 28:2 pursuant 3:3 30:20 34:8 45:14 Q________ question 8:10,11,12 18:22,25 19:1,16 20:11 24:2 25:2 28:19 29:13 30:9 30:22 32:5,15 33:7 35:3,7,23 37:3 38:16 39:1 39:17 40:4,22,24 42:8,21 43:21 44:4,17 45:3 47:4 questions 8:7 46:19 46:24 47:3,9 quick 33:25 quite 17:21 R read 29:7 real 33:24 reason 8:21 28:20 29:14 39:18 recall 6:25 39:25 41:23 receivable 10:5 17:19 19:2 36:7 received 10:8 recess 22:17 45:7 reconvene 46:22 record 7:20 13:11 16:12 21:21 22:16 32:8 33:22 45:6 45:12 46:21 records 2:21,23 13:10,13 14:7,8 16:23 17:1,3,4,7,8 17:10,13,18,19,19 17:20,20,23 18:4 18:5,6,11,18,19 19:3,3,5,15,19,20 19:24 20:6,8,17 20:21 21:1,10,13 21:16,20,22,25 22:1,13,20,23 23:18 24:15 26:1 27:16,20 30:17,20 31:6,13,15 32:19 33:1,6,14,16,16 33:20 34:2,5,6,12 34:14 36:2,5,6 38:24,24 43:8 44:25 45:24 46:9 46:9,16,16,23,25 red 4:4 redepose 47:6 redwood 5:2 refer 19:15 27:7 29:3,16 42:24 46:11 referring 27:16 reflect 21:21 23:3 31:25 32:3,12 34:19 45:12 reflected 35:1 reflecting 14:1 regard 16:16 17:7 18:5 19:2,20 30:20 40:24 42:2 44:1 regarding 10:9 21:1 28:9 31:13 34:18,22 46:25 reissued 27:19 related 18:18,20 20:6 23:18 26:6 26:16,23 27:5,12 28:11 35:22 36:20 36:22 38:1,9,25 39:9,12,15,22 relationship 24:23 24:25 32:10 relative 15:2,4,5 17:21 18:9 19:11 26:10 29:6 33:15 38:19 41:1842:24 43:10 relatively 7:13 remaining 44:1 remembered 3:3 rendered 10:11 repeat 9:10 19:1 rephrase 8:9 replace 34:13,15,17 replaced 35:6,12 35:16 36:4 replaces 34:25 replied 26:10 reply 28:4 46:18 report 13:25 48:15 reporter 3:7 7:21 48:12 reports 10:8 32:12 Aiken Welch Court Reporters D. Maxwell 05-09-03 Page 6 32:17 46:5 represent 6:11 16:12 representing 13:6 request 2:15 13:20 26:4,22 28:5,17 30:21 31:14 33:9 41:10 45:14 requested 15:17 19:24 40:20 46:18 requests 20:2,2 require 13:15 required 17:22 45:1 rescheduling 13:24 research 26:8 43:17 reserve 20:25 21:5 27:3 28:8 31:12 33:12 46:21 reserved 47:6 resources 34:22 respect 22:23 36:2 respond 14:23 responding 15:1 30:25 response 15:23 16:1,25 22:2 36:15 responsibilities 9:12 12:19 responsibility 24:12 25:14 responsible 9:14 10:21 11:10 12:2 23:21,24 24:5,8,9 responsive 21:3 24:15 31:13 38:14 39:3,15 40:3,5,9 40:15,19 41:21 42:20 43:24 44:3 retained 32:2 34:14 34:24 retention 2:23 13:15 14:9 17:3,4 17:7,10 19:16,20 21:10,13,16,20 22:20 23:3 27:16 27:20 33:16,20 34:6 36:6 44:25 retentions 21:21 retirees 19:12 returned 12:12,13 reveal 40:2 42:19 revealed 40:8 review 7:23 13:18 14:19 15:18 20:22 21:18 26:8 28:16 28:24 29:25 43:17 reviewed 22:1 reviewing 14:22 22:19 revision 21:14 reynolds 3:22 right 21:1 27:3 28:8 31:12 33:12 46:21 47:6,7 risks 41:3,15,24 road 3:14 roger 5:1 room 7:20 routinely 18:14 run 17:22 rush 3:13 ryder 4:2 S sacramento 9:2,21 safeguard 17:12 safety 38:21 43:3 sales 9:9,11,13,14 10:12,12,21 11:10 12:3,20,22 13:3 22:21,23 38:20 43:1 samuelsen 3:22 san 1:2 4:12,16,22 sandra 1:19 3:7 48:5,20 santa 24:10 saying 20:1 says 7:20 34:12,24 36:15 schools 9:6 scott5:1 search 15:17 16:17 16:23 17:1 18:3 19:24 23:4 30:16 30:20 33:6,6 35:21 43:7,10 searched 22:1 30:7 section 34:1,22 sections 15:2 secure 20:8 22:12 see 20:17 seen 14:16 serve 12:24 25:20 service 9:15 11:1,5 11:10 13:22,22,25 25:10 32:4,14 serviced 11:1 45:18 services 18:19 setting 7:13 seven 11:14 shaffer 4:11 share 25:9 sheets 38:21 43:3 sheila 4:6 short 7:21 shorthand 3:7 48:11,12 show 46:11 sic 12:5,8 signature 47:16 similar 17:23 similarly 37:17 38:3 simon 4:1 simply 20:16 29:3 36:7,8 sir 6:10 slakey 3:25 sold 36:18 38:6 somewhat 24:4 sought 36:14 speaking 19:9,22 special 41:23 specific 25:15 29:6 30:1 specifically 19:16 22:11 26:13 29:11 36:1 43:12 44:22 specified 15:5,20 48:9 speculation 17:25 18:23 23:13 27:14 30:14 31:21 35:8 35:17 42:3 44:18 46:3,13 spell 6:13 15:9,9 spent 30:13 spoken 39:14,21 ss 48:2 staff 37:18 46:10 stand 21:5 standard 4:23 38:20 42:25 standpoint 25:5 start 37:21 started 24:22 starting 32:9 state 1:1 6:13 8:9 9:2,21 11:22,23 12:10,11 38:19 48:1,12,21 stated 15:12 19:23 20:5 27:23 states 9:18 36:7 stating 23:4 step 15:3 stephanie 4:11 steps 14:23,25 steuart 4:16 stevens 5:6 stockkeeping 37:6 story 2:24 14:11 45:10 street 3:18,23 4:2,7 4:12,16,22 5:2 structured 25:6 subject 7:15 26:25 39:5 subscribed 48:17 subsequently 28:11 33:14 substantive 8:2 succinct 8:10 suite 3:6,18,23 4:2 4:12,16,22 5:2,7 summarize 8:25 9:22 17:20 superior 1:1 5:4 supervisor 9:25 supposed 37:14 sure 7:9 surprise 45:2 surrounding 24:6 sworn 3:9 6:7 48:7 I take 14:13,22,25 taken 1:19 6:20,23 7:6,20 8:15 22:17 45:7 48:10,11 technical 9:6 technological 36:3 tell 16:25 17:6 21:4 22:11 tenpage 13:21 terms 17:11 25:4 29:1 33:17 38:20 42:25 testified 6:8 20:11 testimony 7:13,16 8:3,19 20:11 29:17 42:24 texas 9:19 thank 32:22 47:10 thats 24:8,9 30:25 35:25 37:15 38:14 42:15 43:20 thereof 47:1 theres 15:2 22:20 23:2,3 39:18 44:4 theyre 24:4 26:20 think 8:21 47:5 thorough 43:17 three 14:3 threepage 14:11 time 6:22 7:21,24 10:7 13:17 15:5 15:20 18:6,9,14 18:16 20:25 22:8 23:11 26:10 28:6 31:9 32:16 35:4,8 38:24 43:19,20 45:4 48:8,11 times 7:5 47:6 title 9:8 11:23 12:13 Aiken Welch Court Reporters D. Maxwell 05-09-03 Page 7 titled 14:11 34:1 today 7:12,14,19 8:19 13:5,9,13,16 44:3 45:11 told 7:9 topic 37:18 tower 4:16 trade 36:20 transcribed 48:13 transcript 7:22,23 48:14 transmittals 14:1 trial 8:4 true 48:15 try 8:9 trying 42:10 turn 46:6 twice 7:7 two 12:7 24:24 twopage 14:10 types 36:19 typewriting 48:14 typically 31:10 ________ U understand 7:17 8:5,8,13 18:25 24:1 understanding 13:5 44:25 understood 8:11 union4:18 34:23 units 37:6 university 9:2 unsure 30:4 untruthful 7:16 use 27:18 43:8 44:20 47:3 utilize 32:8 ________ V vague 23:25 24:4 25:2 30:22 32:16 35:8 vice 9:9,11,13 13:3 virtue 27:20 vs 1:6 W wallace 4:11 walnut3:18 5:7 want 21:5 23:24 warranties 38:20 43:1 wasnt 47:5 way 25:5 39:25 ways 41:11 webster 3:23 welch 3:5 west 9:18 western 9:15,16,18 weve 38:23 whats 14:14 whatsoever 15:20 22:8,8 28:6 29:19 43:19 45:4 whereof 48:17 wish 7:24 witness 3:8,10 6:7 18:1 19:9 22:4,5 23:8,14 24:1,3 25:3,4 27:2,15 28:4 29:16 30:11 30:24 31:3,22 32:7,17 33:9,15 34:1 35:18,25 37:4 40:12 42:12 42:14,23 44:8 45:21 46:5,15 47:6,16 48:7,17 witnesss 47:4 word 43:9 44:20 work 9:5,22 worked 9:24 11:19 working 12:23 31:9 37:21 written 2:20 7:22 14:5 15:19 21:6 23:2,5,5,11 27:7 34:18,23 36:5 39:5 X Y year 6:24 9:24 11:4 11:15 24:21 37:22 years 10:12,12 11:14 12:7 16:16 24:18 34:24 35:11 36:8 york 4:9 youll 7:22 youre 7:11 13:6 20:1 37:14 44:2 45:11 youve 18:3 ________ Z zip 25:15 ________ 0 000 12:23 1 I 1:16 2:20 6:3 12:23 14:4 27:1,9 29:10 39:6 42:2 10 3:5 40:24 1001 5:2 II 3:5 9:18 41:1,21 47:12 11th 4:7 12 42:20 12page 34:9 13 2:23 9:18 43:23 43:24 13th 21:11,15 14 44:1 1425 4:2 18 44:10,22 19 44:2,22 1901 4:6 19105:7 1945 15:20 16:20 17:24 18:5,19 20:18 22:9 23:6 23:11,18 24:18 26:3,7,17,23 27:13 28:6,11 31:7 33:3 35:11 35:22 36:18 38:7 43:19 44:13 45:5 1951 3:23 198315:21 16:20 18:6,15,17,19 19:5 20:18 21:17 22:9 23:6,12,18 24:18,21,22 25:24 26:3,7,17,23 27:13 28:7,11 31:7,20 33:3 35:11,22 36:18 38:7 43:19 44:13 45:5,19 46:2,12 1985 10:1,3,6,14 37:23,24 38:12 39:25 40:11 199110:15,20 199911:17 ________ 6 6 2:2,15,17,20,23 2:24 39:12,16,23 40:3,5,9 600 4:12 7 7 34:22,22 40:14,16 8 8 36:13 39:12 40:18 40:20 800 3:18 4:22 2 2 2:23 14:8 17:5 21:21 22:20 34:22 2034:24 2003:23 20004:2 2001 12:16 2002 2:23 21:11,15 2003 1:21 3:4 48:18 20333:17 20year 23:3 222 3:13 2329:10 24 8:15 47:12 2505:7 26th 48:18 2700 4:16 ________ 9 9 1:21 34:1,11,12 40:22 94063 5:3 941044:22 94105 4:17 941134:13 94596 3:18 5:8 946084:3 94612 3:24 4:7 949483:14 9971 1:20 48:20 9th 3:4 ________ 3 3 2:24 6:3 14:10 22:20 23:2 36:14 38:1 45:9 369 4:21 ____ 4_ 4 34:11 38:3 400 5:2 4085561:6 48 1:16 ________ 5 5 23:2 29:3 38:16 39:9 505 3:6 55 4:11 Aiken Welch Court Reporters D. Maxwell 05-09-03