Document byNBMabeNQa7w2qEkg9L6YqVO

Marcella Duncan 7-22-04.txt 16 A. NO. THE CATALOGS ARE MADE BY THE SAME PEOPLE. 17 Q. TO YOUR KNOWLEDGE, HAVE THE CATALOGSALWAYS 18 BEEN MADE BY THE PRODUCT PLANNING GROUP? 19 A. AS FAR BACK AS I KNOW, YES. 20 Q.AND HAS THE PRODUCT -- I'M SORRY. HAS THE 21 CLEVITE ENGINE PARTS GROUP ALWAYS BEEN UNDER THE UMBRELLA 22 OF THE PRODUCT PLANNING GROUP? 23 A. NO. IT'S THEOTHER WAY AROUND. 24 Q. OKAY. 25 A. ONLY THE PRODUCT PLANNING GROUP HAS BEEN UNDER 0191 1 DIFFERENT NAMED GROUPS. RIGHT NOW, IT'S UNDER THE 2 CLEVITE ENGINE PARTS. 3 Q. DO YOU KNOW WHICH GROUP WAS RESPONSIBLE FOR 4 OVERSEEING THE PRODUCT PLANNING GROUP DURING THE YEARS 5 1959 TO 1990? 6 A. NO. 7 Q. WHO WOULD KNOW THAT INFORMATION? 8 A. WELL, I WOULD -- WOW, I'D PROBABLY START WITH 9 TERRY SHIVELY AND WORK FROM THERE ON. 10 MR. FISHBACK: ALL RIGHT. IT'S 1:45, AND I 11 HAVE A NUMBER OF ADDITIONAL QUESTIONS FOR THE WITNESS, 12 NOT THE LEAST OF WHICH IS PERTAINING TO THE VARIOUS 13 AFTERMARKET CUSTOMERS OTHER THAN NAPA TO WHICH I BELIEVE 14 VICTOR WAS A REGULAR AND CONSISTENT SUPPLIER, AND NOT TO 15 MENTION THE FACT THAT I'VE YET TO HAVE THE OPPORTUNITY TO 16 DEPOSE THIS WITNESS ON ALL OF THE CATEGORIES THAT COUNSEL 17 HAS REPRESENTED SHE IS THE PERSON MOST KNOWLEDGEABLE. 18 THERE ARE SEVERAL AND NUMEROUS DOCUMENTS WHICH 19 I HAVE NOT HAD THE OPPORTUNITY TO DISCUSS WITH 20 MISS DUNCAN INCLUDING THE VARIOUS AND MANY CATALOGS OF 21 WHICH SHE HAS PROFESSED SOME KNOWLEDGE AS WELL AS VARIOUS 22 OTHER DOCUMENTS WHICH WE'VE OBTAINED FROM DANA 23 CORPORATION. 24 THERE ARE ADDITIONAL AREAS OF TESTIMONY WHICH I 25 INTEND TO COVER WITH HER REGARDING HER OWN EMPLOYMENT ACT 0192 1 AND FOR VICTOR DANA WHICH I HAVEN'T BEEN ABLE TO COVER. 2 AND SO I WILL RECESS THIS DEPOSITION, AND REQUEST COUNSEL 3 TO PROVIDE AN ADDITIONAL DATE AND TIME IN SAN FRANCISCO, 4 THAT THIS WITNESS CAN BE MADE AVAILABLE. 5 MR. PARKER: WELL, LET ME NOTE THAT YOU'VE HAD 6 ALMOST FIVE HOURS. AND YOU'VE HAD PLENTY OF OPPORTUNITY 7 TO DISCUSS ON THE TOPICS WITH HER THAT YOU NEED TO 8 DISCUSS. 9 I BEGAN THIS DEPOSITION BY TELLING YOU THE 10 CATEGORIES THAT SHE WAS THE PERSON MOST KNOWLEDGEABLE 11 FOR, AND YOU CLEARLY CHOOSE TO WADE INTO A NUMBER OF 12 OTHER AREAS WHICH WERE WELL OUTSIDE OF THOSE CATEGORIES, 13 AND DESPITE NUMEROUS OBJECTIONS BY ME ON THAT SUBJECT, 14 YOU CONTINUED TO DO SO. 15 I UNDERSTAND THAT YOU BROUGHT SEVERAL HUNDRED 16 OR A LOT OF C.D.'S HERE. ACTUALLY, YOU CAN SHOW HER ANY 17 DOCUMENT YOU WANT, AND YOU CHOOSE NOT TO SHOW HER A 18 SINGLE DOCUMENT. AND YOU ALSO INSISTED THAT THIS 19 DEPOSITION TAKE PLACE THIS WEEK. SO I HAVE A RIGHT TO 20 ASSUME THAT YOU WERE READY TO GO. IT SOUNDS LIKE YOU 21 WEREN'T. MY QUESTION FOR YOU, THOUGH, BEFORE WE CONCLUDE 22 FOR THE DAY, IS HOW MUCH MORE TIME DO YOU NEED WITH THIS 23 WITNESS? 24 MR. FISHBACK: ANOTHER ONE DAY. 25 MR. PARKER: ONE FULL DAY? 0193 Page 80