McGuire et al v. Warner et al, No. 2:2005cv40185 - Document 243 (E.D. Mich. 2009)

Court Description: OPINION AND ORDER GRANTING 202 MOTION to Enforce Settlement Agreement filed by James Lee Joseph Ryan, Timothy Daniel McGuire. Signed by District Judge Sean F Cox. (JHer)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Timothy Daniel McGuire, et al., Plaintiffs, v. Honorable Sean F. Cox Royal Oak Police Sgt. Douglas Warner, et al., Case No. 05-40185 Defendants. _________________________________/ OPINION & ORDER On October 19, 2009, this Court granted Plaintiffs Motion to Reinstate the Case for the Limited Purpose of Enforcement of Settlement Agreement to the extent that it reopened this case for purposes of enforcement of the settlement agreement. Because Defendants claimed there were disputes as to the material terms of the settlement agreement, and whether those terms were breached, this Court concluded that summary enforcement of the settlement agreement would not be appropriate. The Court held an evidentiary hearing on November 12, 2009, continued on November 13, 2009, to determine the material terms of any settlement agreement reached, and whether those material terms have been breached. Having held the evidentiary hearing, the Court now concludes that: 1) the parties reached agreement as to the material terms of a settlement on August 19, 2009 that resolved this action; 2) Plaintiffs have not breached any of the material terms of the settlement agreement; but 3) nevertheless, to date, Plaintiffs have not been paid the agreed upon settlement proceeds. Accordingly, the Court shall GRANT Plaintiffs Motion to Enforce Settlement Agreement and shall issue appropriate CONSENT 1 JUDGMENTS. BACKGROUND This case, filed in 2005, has a long and tumultuous history. The allegations regarding the underlying incident that led to this action have been summarized as follows: On August 9, 2003, Timothy McGuire and James Ryan traveled by bus from their native Canada to Clarkston, Michigan, in order to attend a country music concert at the DTE Energy Music Theater. Following the concert, McGuire and Ryan boarded the bus to travel home. While they were on the bus waiting to depart, another attendee, Daniel Threlfall, was assaulted by two members of plaintiffs group. While this occurred, McGuire left the bus, allegedly to break up the fight, and Ryan slept. McGuire denies seeing exactly who assaulted Threlfall. Off-duty Royal Oak police officers Warner and Gale had also attended the concert; they were leaving with their families when Threlfall was assaulted. They claim to have seen the assault occur and the perpetrators board the bus. Believing Threlfall s assailants to be on the bus, Warner and Gale approached it, identified themselves as police officers, and instructed the driver not to leave. They then waited with the bus for the Oakland County Sheriff to arrive. When the Oakland County deputies arrived, Warner and Gale again identified themselves as police officers and proceeded to assist in the investigation. McGuire was ordered off the bus while the deputies conducted a search. During this time, Officers Warner and Gale allegedly told McGuire that if he did not identify the men who assaulted Threlfall, they would pin the crime on him and throw the book at him. Gale then entered the bus along with Oakland County authorities, escorted Ryan off, and identified him as one of Threlfall s assailants. Warner and Gale then stated to Oakland County authorities that they saw McGuire and Ryan commit the assault. Warner later reiterated this testimony in a written statement to Oakland County authorities and at McGuire and Ryan s preliminary hearing. Based upon the testimony of Warner and Gale, McGuire and Ryan were arrested and charged with Assault with Intent to Commit Great Bodily Harm Less than Murder. These charges were dropped on September 20, 2004, based upon newly discovered evidence indicating that McGuire and Ryan had not committed the assault. McGuire v. City of Royal Oak, 295 Fed.Appx. 736 (6th Cir. 2008). 2 Plaintiffs filed this action on June 8, 2005, against several Defendants, including Defendants Warner and Gale. Defendants Warner and Gale were the only remaining Defendants in this action at the time of trial. The trial in this matter was very contentious. Trial commenced on August 5, 2009. Members of the local press were present at various times throughout the trial. After Lawrence Gilliken, Defendants first witness, testified on August 13, 2009, the parties began discussing settlement. On August 19, 2009 after two full weeks of trial and shortly before the jury was to hear closing arguments the parties advised the Court that they had settled the case. On August 19, 2009, the parties executed a written agreement. That agreement was signed by each named party and was also signed by David Gillam on behalf of the City of Royal Oak and James Duffy on behalf of the Michigan Municipal Risk Management Authority ( MMRMA ). The parties then placed a settlement on the record on August 19, 2009. An Order of Dismissal was then issued on August 19, 2009, stating: The parties having placed a settlement of this action on the record on this date, IT IS ORDERED that this action is hereby DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED. (Docket Entry No. 193). The jury was then released. After August 19, 2009, three articles about this case appeared in local newspapers. The articles stated that although the terms of the settlement were not disclosed, an unidentified source had indicated that the city agreed to pay a six-figure settlement. On September 2, 2009, Defendants filed a motion seeking relief under FED . R. CIV . P. 3 60(b) and on September 4, 2009, Defendants filed a Motion to Disqualify Judge From Deciding Defendants Motion For Relief Under FED . R. CIV . P. 60(B). In their Rule 60(b) motion, Defendants stated that on August 19, 2009, the parties came to an agreement for settlement of the case under specific terms, one of which was that the terms of the settlement remain confidential. (Docket Entry No. 194 at 1). Defendants represented that the parties had a meeting of the minds and reduced their agreement to writing. (Id. at 9) (emphasis added); (see also Id. at 1)( [o]n August 19, 2009, before the close of Defendants proofs, the parties entered into a joint settlement agreement, settling the claims of both Plaintiffs on specific terms, including an agreement that the terms of the settlement would remain confidential. ). Pursuant to FED . R. CIV . P. 60(b), Defendants claimed that Plaintiff Ryan and/or Mr. Robinson breached the terms of the settlement agreement and submitted the three articles as exhibits. (Docket Entry Nos. 194-5, 194-6 & 194-7). Based upon the alleged breach of the settlement agreement by Mr. Ryan and/or Mr. Robinson, Defendants asked this Court to vacate the order of dismissal, reinstate this action, and proceed with a new trial. In their Motion to Disqualify, Defendants asked this Court to recuse itself under 28 U.S.C. § 455(b)(1), asserting that this Court has personal knowledge of the negotiations between the parties because the Court conducted settlement conferences. In that motion, Defendants referenced the August 19, 2009 agreement as the Agreement memorializing the settlement and its essential terms. (Docket Entry No. 196 at ¶ 3 & 2) (emphasis added). This Court denied both motions in a written Opinion & Order issued on September 17, 2009. (Docket Entry No. 204). Meanwhile, Plaintiffs filed a Motion to Reinstate the Case for the Limited Purpose of 4 Enforcement of Settlement Agreement, wherein Plaintiffs stated that they have not been paid the settlement proceeds and asked the Court to enforce the settlement agreement. Defendants filed responses to that motion, admitting that they have not paid settlement proceeds to Plaintiffs, but deny[ing] that they have breached the agreement. (Docket Entry No. 208 at 7). Defendants asserted that Plaintiffs material breach in the first instance annuls the contract ab initio and relieves Defendants of performance of any obligations under the settlement agreement. (Id.). Defendants later filed a supplemental brief wherein they asserted for the first time and contrary to the assertions in their Rule 60(b) motion that there was no meeting of the minds as to one or more essential terms and thus there was no settlement agreement. (Docket Entry No. 210 at 9-10). Defendants requested that the Court conduct an evidentiary hearing to resolve all issues of disputed fact surrounding the settlement agreement and its alleged breach. (Id. at 12).1 Plaintiffs, on the other hand, took the position that an evidentiary hearing was not necessary and that the Court could summarily enforce the settlement agreement based upon the record in this case. In an Opinion & Order dated October 19, 2009 (Docket Entry No. 212), this Court granted Plaintiffs Motion to Reinstate the Case for the Limited Purpose of Enforcement of Settlement Agreement to the extent that it reopened this case for purposes of enforcing the settlement agreement. Because there were disputes as to the material terms of the settlement agreement and whether those terms were breached, the Court concluded that summary 1 Neither party requested that they be allowed to conduct any discovery with respect to the terms of the settlement agreement or the alleged breaches. 5 enforcement of the settlement agreement would not be appropriate. Accordingly, the Court scheduled an evidentiary hearing for November 12, 2009, to determine the material terms of any settlement agreement reached, and whether those material terms have been breached. This Court s October 19, 2009 Opinion & Order ordered each of the parties to file a witness list no later than October 30, 2009, identifying each witness that the party intended to call at the evidentiary hearing, along with a specific summary of the testimony expected of each witness. (Docket Entry No. 212 at 11). The Court further ordered that no later than October 30, 2009, each party must file a brief wherein they must specifically set forth their position as to: 1) which material term(s) has been breached; 2) how and when that material terms was breached; 3) who breached that material term; and 4) the evidence establishing the alleged breach. (Docket Entry No. 212 at 11) (emphasis added). On October 24, 2009, Defendants filed a Renewed Motion to Disqualify Judge (Docket Entry No. 213), which this Court denied an Opinion & Order dated October 29, 2009. (Docket Entry No. 219). On October 27, 2009, Defendants filed their witness list. (Docket Entry No. 214). At that time, Plaintiffs had not yet filed a witness list. Notably, Defendants did not list either James Ryan or Timothy McGuire2 as witnesses they intended to call at the evidentiary hearing. With respect to Defendants position as to who breached the agreement, Defendants Pre-Evidentiary Hearing Brief identified Mr. Ryan and Mr. Robinson as the individuals who allegedly breached 2 Despite not having named Timothy McGuire as a witness, Defendants served a subpoena on Mr. Robinson s office, at approximately 2:30 p.m on November 12, 2009, purportedly requiring Mr. McGuire s attendance in this Court on November 12, 2009 at 9:00 a.m. This Court quashed that subpoena because it failed to give Mr. McGuire, who lives in Calgary, Canada, a reasonable time to comply. (Docket Entry No. 236). 6 the material terms of the settlement agreement. (Docket Entry No. 222 at 10). On November 5, 2009, Defendants filed a Motion for Reconsideration of Defendants Renewed Motion to Disqualify Judge (Docket Entry No. 225), which was denied in an Opinion & Order issued on November 9, 2009. (Docket Entry No. 226). In that Order, this Court again expressly ordered that the Evidentiary Hearing set for November 12, 2009, shall proceed as scheduled. On November 10, 2009, Defendants filed a Petition for Writ of Mandamus, asking the Sixth Circuit to direct this Court to: 1) set aside its Order Denying Defendants Renewed Motion to Disqualify Judge; 2) grant Defendants motion to disqualify; and 3) testify at the evidentiary hearing. (Case No. 09-2447). Forty-five minutes prior to the scheduled evidentiary hearing on November 12, 2009, this Court discovered that on the night of November 11, 2009, Defendants had filed, in this Court, a motion to stay proceedings pending a ruling from the Sixth Circuit on the petition for writ of mandamus. In an Opinion & Order issued the morning of November 12, 2009, this Court denied that Motion to Stay, concluding that it was not timely, was without merit, and was filed as a delay tactic. (Docket Entry No. 234).3 On that same day, November 12, 2009, the Sixth Circuit denied Defendants motion to stay proceedings in this Court. (Docket Entry No. 237). 3 In addition, during the evidentiary hearing on November 12, 2009, Defense Counsel made another oral motion to stay, which this Court denied on the record. Defense Counsel also made an oral motion for recusal on November 12, 2009, which this Court denied on the record and in a written order. (Docket Entry No. 235). 7 EVIDENTIARY HEARING The Court held the evidentiary hearing, which had been requested by Defendants, on November 12, 2009. The evidentiary hearing continued on November 13, 2009. A. Exhibits: The following exhibits were admitted at the hearing: 1) the August 19, 2009 written agreement (Joint Ex. 1, Docket Entry No. 200)4; 2) an article, written by Paul Egan, that appeared in the Detroit News on August 20, 2009 (Joint Ex. 2, Docket Entry No. 194-5); 3) An article, written by Dave Battagello, that appeared in the Windsor Star on August 21, 2009 (Joint Ex. 3, Docket Entry No. 194-7); 4) the August 19, 2009 Order of Dismissal (Pls. Ex. 4, Docket Entry No. 193); 5) the Transcript of Proceedings on August 19, 2009 (Pls. Ex. 5, Docket Entry No. 216); and 6) an article, written by Dave Battagello, that appeared in the Windsor Star on August 20, 2009 (Pls. Ex. 6, Docket Entry No. 194-6). B. Witnesses: The following witnesses testified at the evidentiary hearing on November 12, 2009: 1) Plaintiff James Ryan; 2) Plaintiffs Counsel Racine Miller; 3) Plaintiffs Counsel David Robinson; 4) Defense Counsel T. Joseph Seward; 5) James Duffy, representative of the Michigan Municipal Risk Management Authority ( MMRMA ); and 6) David Gillam, City Attorney for the City of Royal Oak.5 4 All of the exhibits admitted during the evidentiary hearing were already in the record in this case. For ease of reference, each exhibit is followed by the applicable docket entry number. 5 During the evidentiary hearing on November 12, 2009, Defense Counsel made an oral Rule 50 motion, which this Court denied in a written Opinion & Order. (Docket Entry No. 242). As noted in that Opinion & Order, FED . R. CIV . P. 50 applies only to jury trials. 8 The following witnesses testified when the hearing resumed on November 13, 2009: 1) David Gillam; 2) Defendant Douglas Warner; and 3) Defendant Barry Gale. FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard and observed the witnesses who testified at the evidentiary hearing, allowing for this Court to assess credibility, having considered the exhibits submitted by the parties, having reviewed all matters of record in this case, having considered the arguments presented by counsel, and having applied the governing legal principles, the Court makes the following findings of fact and conclusions of law.6 FINDINGS OF FACT After consideration of the testimony and exhibits presented at the evidentiary hearing, drawing inferences as appropriate, weighing the evidence and assessing the credibility of the witnesses, the Court finds as follows. Trial commenced in this matter on August 5, 2009. Members of the local press were present in the courtroom throughout various portions of trial. On August 19, 2009, Counsel for the parties negotiated a settlement agreement. T. Joseph Seward represented Defendants in those negotiations while David Robinson and Racine Miller represented Plaintiffs in the negotiations. The representatives for Defendants did not discuss settlement directly with Plaintiffs or Plaintiffs Counsel. Rather, the negotiations were conducted through counsel. (11/12/09 Hrg. Tr.7 at 100-01, 159, 165-66; Mr. Seward s Affidavit 6 To the extent that a finding of fact is more properly a conclusion of law, and the to the extent that a conclusion of law is more properly a finding of fact, it should be so construed. 7 The Court s citations to the 11/12/09 Hearing Transcript are citations to the Rough Copy of the transcript, which is attached as Exhibit A to this Opinion & Order. A final copy of the 9 at ¶ 3, Docket Entry No. 194-4, 11/13/09 Hrg. Tr. at 15). During those negotiations, the parties, through their respective counsel, ultimately agreed upon a settlement amount. Plaintiffs would each be paid $350,000.00, for a total settlement amount of $700,000.00. The parties agreed that the settlement would be paid by Defendants, the City of Royal Oak and the MMRMA. (11/12/09 Hrg. Tr. at 132-33, 159, 163 & 171; Jt. Ex. 1, Docket Entry No. 200; Pls. Ex. 5, Docket Entry No. 216). Once the parties had agreed to the amount of the settlement, but before they had concluded settlement negotiations, Mr. Seward observed Plaintiffs and their parents speaking with reporter Paul Egan in the hallway outside of chambers. (11/12/09 Hrg. Tr. at 99-100). Mr. Seward was upset that Plaintiffs and their families were speaking with Mr. Egan. Mr. Seward, Mr. Robinson, and Ms. Miller then continued negotiations in this Court s chambers, specifically negotiations as to confidentiality. Again, no client representatives were present during these negotiations.8 (11/12/09 Hrg. Tr. at 99-100, 164-66; Mr. Seward s Affidavit at ¶ 3, Docket Entry No. 194-4). transcript is not yet available. 8 The Court notes that Mr. Gillam testified as to his wishes and needs regarding confidentiality. Mr. Seward also testified as to his understanding of his client s wishes as to confidentiality. Specifically, Mr. Seward testified that his clients wished to prevent Plaintiffs from making any kind of disparaging remarks or comments about the City and the Defendant Officers and that Defendants wished to buy Plaintiffs silence. (See e.g., 11/12/09 Hrg. Tr. at 98-99). The undisclosed subjective wishes and desires of Defendants representatives -- who were not present during negotiations with Plaintiffs Counsel -- are not relevant. A settlement agreement, like any other contractual arrangement, depends upon objective, not subjective, manifestations of intent. Bosely v. 21 WFMJ Television, Inc., 245 Fed.Appx. 445 at 451 (6th Cir. 2007). Thus, the issue is what the parties, through their counsel, actually negotiated and agreed to. Id. at 450-51. 10 Mr. Seward inquired as to whether Plaintiffs had disclosed the various monetary amounts discussed as to settlement. Mr. Robinson stated that, up until that point, his clients had not disclosed any negotiations as to the settlement amount to the media or to family members. (11/12/09 Hrg. Tr. at 80 & 101; Mr. Seward s Affidavit at ¶ 6, Docket Entry No. 194-4). Mr. Seward then stated that his clients wished the amount of the settlement to remain confidential. Plaintiffs agreed that the amount of the settlement would be kept confidential. Ms. Miller then asked if Plaintiffs would be permitted to make the specific statement that the case had settled in Plaintiffs favor without disclosing the amount of the settlement. (11/12/09 Hrg. Tr. at 69). Mr. Robinson responded that, of course they could make such a statement. Mr. Robinson stated that if the case settled, that would imply that the case resolved in favor of Plaintiffs. (11/12/09 Hrg. Tr. at 69). Mr. Seward indicated that the specific statement the case settled in plaintiffs favor would not be acceptable to Defendants. (11/12/09 Hrg. Tr. at 69-70). Counsel for the parties then agreed that if asked about the amount of the settlement, the parties to the agreement and/or their representatives could not make the specific statement that the case resolved in Plaintiffs favor, or disclose the amount of the settlement. They agreed that, if asked about the amount of the settlement, all anyone could say is the case has been resolved. (11/12/09 Hrg. Tr. at 69-70, 75 & 84). At no time during settlement negotiations did Mr. Seward request a broad confidentiality provision that would prohibit the parties and/or their attorneys and representatives from discussing or commenting about any other aspect of this case. (11/12/09 Hrg. Tr. at 72 & 74). 11 At no time during settlement negotiations did Mr. Seward request a non-disparagement clause.9 (11/12/09 Hrg. Tr. at 72 & 74). The parties agreed that they would execute a written agreement that day, August 19, 2009, containing the material terms of the settlement. They further agreed that they would execute a written release, containing the same material terms and other non-material details, after August 19, 2009. (11/12/09 Tr. at 86, 159-60; Jt. Ex. 1). On August 19, 2009, Mr. Seward drafted the written agreement memorializing the material terms of the settlement agreement. (Mr. Seward s Affidavit at ¶ 9, Docket Entry No. 194-4; 11/12/09 Hrg. Tr. at 102-03, 109-112). That written agreement states: The parties agree to a $700,00010 total settlement, $350,000, to each 9 The Court notes that Mr. Seward testified that, during negotiations, he: 1) insisted that there be no disparaging comments; and 2) said to Mr. Robinson, words to the effect that Defendants wanted to buy his clients silence. (11/12/09 Hrg. Tr. at 98-99). The Court finds that this testimony is not credible. 10 During the evidentiary hearing on November 12, 2009, Defense Counsel requested that Exhibit 1 (the August 19, 2009 agreement) be submitted to the Court under seal. Plaintiffs objected. This Court indicated that it would allow the exhibit to be submitted under seal for purposes of the evidentiary hearing. This Court expressly advised the parties, however, that if it concludes that the amount of the settlement is a material term of a valid and enforceable settlement agreement, the Court s Opinion & Order following the evidentiary hearing, and any judgment ultimately issued in this case, would reflect that amount. (11/12/09 Hrg. Tr. at 6-9 & 13). Defendants did not state any objection after the Court so advised the parties on November 12, 2009. Moreover, at no time either before or after November 12, 2009, did Defendants file a motion seeking to seal the Court s Opinion & Order, or any judgment, that would be issued following the evidentiary hearing. The Sixth Circuit has stated that there is a strong common law presumption in favor of public access to court proceedings and records. Brown & Williamson Tobacco Corp. v. F.T.C., 710 F.2d 1165, 1179 (6th Cir. 1983) (finding that the confidentiality agreement between the parties does not bind the court in any way, stating that the public has a strong interest in obtaining the information contained in the court record, and vacating district court s order to seal.). Only the most compelling reasons can justify non-disclosure of judicial records. In re Knoxville News-Sentinel Co., Inc., 723 F.2d 470, 476 (6th Cir. 1983). In light of these standards, 12 Plaintiff. The parties are to keep the terms confidential. No party or parties representatives will disclose to any person the terms of the settlement. If relatives have already been told of the settlement, those relatives are to be told not to discuss settlement with any other person. If asked, all anyone can say is case has been resolved. The terms will not be put on the record, instead the parties and representatives will sign an agreement which will set forth the specific terms of a confidential agreement. (Jt. Ex. 1, Docket Entry No. 200). The Agreement was then signed and agreed to by the Plaintiffs and Defendants and was also signed and agreed to by David Gillam on behalf of the City of Royal Oak and James Duffy on behalf of the MMRMA. (Id.; Pls. Ex. 5, Docket Entry No. 216). Thereafter, on the morning of August 19, 2009 after two full weeks of trial and shortly before the jury was to hear closing arguments Counsel for the parties advised the Court that they had settled the case. (Pls. Ex. 5, Docket Entry No. 216). The Court requested that the parties put the settlement on the record. The parties chose not to put all of the terms of the settlement agreement on the record. Nevertheless, the following was placed on the record on August 19, 2009: THE COURT: MR. ROBINSON: MR. SEWARD: THE COURT: Okay. There s been discussion starting last Friday regarding resolution of this case. The discussions continued yesterday and culminated with what I understand is a resolution this morning at about 11:00, five to eleven a.m.; is that correct? Correct, Your Honor. Good morning, Your Honor. Joseph Seward on behalf of Doug Warner and Barry Gale; the answer is yes. Okay. Very good. All right. And the terms of that and the fact that Defendants did not move to seal this Court s Opinion & Order or any judgment to be issued following the evidentiary hearing, the Court does not believe it would be appropriate to take such actions sua sponte. 13 settlement are contained in an agreement; is that correct? MR. SEWARD: That s correct. THE COURT: Has the agreement been executed by everybody? MR. SEWARD: It is in the process. (Brief pause in the proceedings) MR. SEWARD: I will represent to the Court that it contains the original signatures of all. THE COURT: Okay. Is that true, Mr. Robinson? MR. ROBINSON: Our signatures have been placed, Your Honor. Let me peruse the document. I believe that s accurate. THE COURT: Okay. Mr. Seward, could you voir dire your clients? MR. SEWARD: I would prefer not to, Your Honor. THE COURT: Well, I m requesting that you voir dire your clients -MR. SEWARD: Okay. THE COURT: regarding that the resolution is agreeable to them, the fact that they understand that they can proceed to jury trial and MR. SEWARD: Gentlemen, do you mind stating your names? MR. GALE: Barry Gale. MR. WARNER: Doug Warner. THE COURT: You need to do it one at a time, okay? MR. SEWARD: Okay. Mr. Warner, have you read the terms of the agreement? MR. WARNER: Yes. MR. SEWARD: Have you signed it? MR. WARNER: Yes. MR. SEWARD: Thank you. Do you understand them? MR. WARNER: Yes. MR. SEWARD: Do you agree to abide by them? MR. WARNER: Yes. MR. SEWARD: Mr. Gale, have you read them? MR. GALE: Yes. MR. SEWARD: Did you sign it? MR. GALE: Yes. MR. SEWARD: And do you agree to abide by it? MR. GALE: Yes. MR. SEWARD: Thank you. THE COURT: And the other two principals? MR. SEWARD: Oh. Mr. Gillam, do you mind stating your name for the record? MR. GILLAM: Good morning, Your Honor. David Gillam. Last name, GI-l-l-a-m, as in Mary, city attorney for the City of Royal Oak. 14 MR. SEWARD: MR. GILLAM: MR. SEWARD: MR. GILLAM: MR. SEWARD: MR. DUFFY: MR. SEWARD: THE COURT: MR. DUFFY: MR. SEWARD: MR. DUFFY: MR. SEWARD: MR. DUFFY: THE COURT: MR. ROBINSON: MR. MCGUIRE: MR. ROBINSON: MR. MCGUIRE: .... MR. ROBINSON: MR. MCGUIRE: THE COURT: MR. RYAN: MR. ROBINSON: MR. RYAN: MR. ROBINSON: MR. RYAN: MR. ROBINSON: .... THE COURT: MR. RYAN: THE COURT: MR. RYAN: THE COURT: MR. RYAN: THE COURT: MR. RYAN: Have you read the agreement? Yes, I have. And do you agree to be bound by the terms of the agreement? On behalf of the city, yes. Mr. Duffy, can you please tell us your name? Jim Duffy. Okay. And have you had a chance to -Sir, could you also tell us who you re appearing on behalf of? I m sorry. MMRA. And have you read the terms of the agreement? Yes. And do you agree to abide by the terms of the agreement? Yes. Okay. Mr. Robinson, do you wish to voir dire your clients? Sure. Mr. McGuire, state your name, please, for the record. Timothy Daniel McGuire. You read and reviewed the agreement between the parties? Yes, I have. And you will be bound by the agreement? Yes, I will. Mr. Ryan, state your name for the record. James Lee Joseph Ryan. You read the agreement? Yes, I have. Are you bound by the agreement? Yes. Thank you. Mr. Ryan, do you understand that we re almost done with the trial, correct? Correct. All right. And probably tomorrow the jury would start their deliberations, correct? Do you understand that? Yes, I do. And did you sign an agreement? Yes, I did. With the city and the officers and the MMRA; is that correct? That is correct. 15 THE COURT: MR. RYAN: THE COURT: MR. RYAN: THE COURT: MR. RYAN: THE COURT: To resolve this case, correct? Yes, sir. Do you understand the jury could award nothing at all? Yes, I do. An amount less than the agreement? Yes, I do. Or they could award you an amount greater than the agreement; do you understand that? MR. RYAN: Yes. THE COURT: Understanding all that, do you wish to accept this agreement? MR. RYAN: I do. THE COURT: And there has been an order of dismissal. MR. SEWARD: Thank you , Your Honor. May I approach? MR. ROBINSON: Judge, hold on. We have there has to be some, before we sign the dismissal of this case, we ve got to carry out the other terms of this agreement. We have to receive what it is we need to receive pursuant to the agreement before we dismiss the case. THE COURT: Did you think I was going to what did you think was going to happen? MR. ROBINSON: Well, you said -THE COURT: We have can I see you at sidebar? COURT REPORTER: On or off the record? THE COURT: Go off the record first. (Sidebar conference held off the record) THE COURT: Okay. It s my understanding that the parties are agreeable to sign a stipulation order dismissing the case without prejudice. MR. ROBINSON: That s correct, Your Honor. MR. SEWARD: Yes, Your Honor. Thank you. (Pls. Ex. 5, Docket Entry No. 216) (Emphasis added). An Order of Dismissal, approved by both parties as to form and substance, was then issued on August 19, 2009, stating: The parties having placed a settlement of this action on the record on this date, IT IS ORDERED that this action is hereby DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED. 16 (Pls. Ex. 4, Docket Entry No. 193) (emphasis added). The jury was then released. After the jury was released, Counsel for the parties requested that they be permitted to speak with the jurors. The jurors agreed to speak with counsel and did so after the jury was released on August 19, 2009. Those discussions led Mr. Seward to believe that some of the jurors supported the Defendants. (11/12/09 Hrg. Tr. at 119). An article about this case, written by Dave Battagello, appeared in the Windsor Star on August 20, 2009. (Pls. Ex. 6, Docket Entry No. 194-6). That article stated: An apology would be nice. But that s one thing Windsorites Tim McGuire and Jim Ryan may have to live without following the culmination Wednesday of a six-year legal ordeal that ended with a six-figure settlement from the city of Royal Oak in a case of wrongful arrest. (Id.). The article further stated that [t]he terms of the agreement were not disclosed, but a source told the Detroit News that the city agreed to a six-figure settlement. Plaintiffs counsel, David Robinson was quoted in the article commenting about the case as follows: This has been David v. Goliath, no doubt about it. Said David A. Robinson, the Southfield lawyer representing the two Windsor men. It s been a very unfair fight. You ve got police officers wielding their authority with abuse and never relenting in their falsehood. (Id.). Ryan was quoted as follows in the article: I d love for them to know not just the two cops but also the two guys who did the assault that night, an apology would have been nice, Ryan said. It s time to move on, but I never got that. A simple apology can really go a long way sometimes. (Id.). City of Royal Oak Police Chief Christopher Jahnke was also quoted in that article: 17 Despite the settlement between the Windsor pair and the municipality, the Royal Oak police department supports the actions of the two sergeants, police Chief Christopher Jahnke said Thursday. I can t comment on the settlement itself, he said. There were a number of factors involved. You had a number of individuals beating someone to near death in this incident. The victim had gone into a coma and the actions of the officers saved his life. The sergeants broke up the fight and stopped the bus from leaving. One of the individuals in this case was encouraging the bus to leave. I strongly support what the officers did in this case. Asked if he was upset that the city agreed to a financial settlement, Jahnke said he could not comment. We have strongly supported sergeants Gale and Warner throughout this incident and strongly believe because they got involved they stopped an individual from potentially being killed. (Id.). An August 20, 2009 article about this case, written by Paul Egan, appeared in the Detroit News, stating that the case had settled. (Joint Ex. 2, Docket Entry No. 194-5). Chief Jahnke was not quoted in the Detroit News article written by Paul Egan. The article stated that [t]he terms of the agreement were not disclosed Wednesday. But the city agreed to pay a sixfigure settlement, according to one person familiar with the case. (Id.). The article further stated that pressure on the defendants to settle the case racheted up Thursday when the officers first witness, Lawrence Gilliken, lent weight to McGuire s claims that Warner threatened him at the scene to identify the attackers or be charged with the crime himself. Gilliken, a friend of the two Royal Oak officers who went to the concert with them aboard Warner s recreational vehicle and was alongside them when they rushed to the scene of the fight, testified that on the drive home Warner admitted telling someone on the bus: You could be (an) accomplice if you don t tell me who did it. Also, I didn t believe I could identify the individuals, so I was impressed that they could Gilliken testified of Warner and Gale. (Id.) 18 Another article, written by Dave Battagello, appeared in the Windsor Star on August 21, 2009, which was nearly identical to his August 20, 2009 article that had appeared in the Windsor Star. (Joint Ex. 3, Docket Entry No. 194-7). That article also contained the same comments from Chief Jahnke: Despite the settlement between the Windsor pair and the municipality, the Royal Oak police department supports the actions of the two sergeants, police Chief Christopher Jahnke said Thursday.11 I can t comment on the settlement itself, he said. There were a number of factors involved. You had a number of individuals beating someone to near death in this incident. The victim had gone into a coma and the actions of the officers saved his life. The sergeants broke up the fight and stopped the bus from leaving. One of the individuals in this case was encouraging the bus to leave. I strongly support what the officers did in this case. Asked if he was upset that the city agreed to a financial settlement, Jahnke said he could not comment. We have strongly supported sergeants Gale and Warner throughout this incident and strongly believe because they got involved they stopped an individual from potentially being killed. (Jt. Ex. 3, Docket Entry No. 194-7) (emphasis added). Neither Mr. Robinson nor Ms. Miller disclosed the amount of the settlement, or that it was six figures, to anyone. (11/12/09 Hrg. Tr. at 70 & 85). Mr. Ryan testified at the evidentiary hearing on November 12, 2009, and acknowledged that he was accurately quoted in the above newspaper articles. (11/12/09 Hrg. Tr. at 34). Mr. Ryan did not disclose to anyone the amount of the settlement. (11/12/09 Hrg. Tr. at 21). Mr. McGuire was not present when Mr. Ryan spoke with the press. (11/12/09 Hrg. Tr. at 44-45). Mr. Ryan testified that his discussions with the Windsor Star took place after the Detroit News article had been published. (Id. at 48, lines 17-20). Mr. Ryan did not testify as to when Chief 11 August 20, 2009, was a Thursday. 19 Jahnke spoke with Dave Battagello of the Windsor Star. (Id.). Mr. Gillam testified that he spoke with Chief Jahnke on August 20, 2009, and that Chief Jahnke had indicated that he was going to call reporter Paul Egan but that he had not yet done so. (11/13/09 Hrg. Tr. at 12-13 & 18). Mr. Gillam testified that the Detroit News article had already been published at this time. (Id.). Mr. Gillam did not testify as to what time the August 20, 2009 Windsor Star article by Dave Battagello (i.e., the article that quoted Chief Jahnke) was published, nor did he testify as to what time Chief Jahnke made his comments to Dave Battagello on August 20, 2009. In any event, Mr. Gillam testified that he told Chief Jahnke that Chief Jahnke could not disclose12 the terms of the settlement to Mr. Egan. (11/13/09 Hrg. Tr. at 14). Mr. Gillam, attorney for the City of Royal Oak and a signatory to the Agreement, did not tell Royal Oak Police Chief Jahnke not to speak to Mr. Egan or to restrict his comments to saying the case has been resolved. 13 At the evidentiary hearing on November 12, 2009, Mr. Gillam acknowledged that if the written agreement prohibited the parties and their representatives from stating anything about the case other than the case has resolved, that Chief Jahnke s comments made on August 20, 2009, 12 Presumably, Chief Jahnke was aware of the terms of the settlement at that time. 13 The Court notes that Defense Counsel asserts that Chief Jahnke s statements to the Windsor Star were made only after Mr. Ryan and/or Mr. Robinson s statements were published and therefore the settlement agreement was void at that time. There is no credible evidence to support that assertion. During closing remarks, Mr. Seward characterized Mr. Ryan s testimony as supporting his assertion. Mr. Ryan, however, did not testify as to when Chief Jahnke spoke to Dave Battagello. (11/12/09 Hearing Tr. at 48 lines 17-20). Defendants did not call Chief Jahnke as a witness and there is no evidence before this Court as to what time Chief Jahnke spoke with Dave Battagello of the Windsor Star on August 20, 2009. 20 to the Windsor Star would have been outside the scope of the Agreement. (11/12/09 Hrg. Tr. at 175). It is undisputed that Mr. Ryan and Mr. McGuire have not been paid the settlement proceeds. (11/12/09 Hrg. Tr. at 23 & 127). CONCLUSIONS OF LAW It is well established that courts retain the inherent power to enforce agreements entered into in settlement of litigation pending before them. Aro Corp. v. Allied Witan Co., 531 F.2d 1368, 1371 (6th Cir. 1976). In fact, a district court has the inherent power to enforce an agreement entered into in settlement of pending litigation even if that agreement has not been reduced to writing. Bowater N.Am. Corp. v. Murray Machinery, 773 F.2d 71, 77 (6th Cir. 1985). Before enforcing a settlement, a district court must conclude that agreement has been reached on all material terms. Brock v. Scheuner Corp., 841 F.2d 151, 154 (6th Cir. 1988). The court must enforce the settlement as agreed to by the parties and is not permitted to alter the terms of the agreement. Brock, 841 F.2d at 154. A settlement agreement, like any other contractual arrangement, depends upon objective, not subjective, manifestations of intent. Bosley v. 21 WFMJ Television, Inc., 245 Fed.Appx. 445 (6th Cir. 2007) (citing Therma-Scan, Inc., 217 F.3d at 420). 1. On August 19, 2009, The Parties Reached Agreement As To All Material Terms Of A Settlement Agreement Resolving This Action. There is considerable evidence in the record to establish that the parties reached an agreement as to the material terms of a settlement agreement resolving this case on August 19, 2009. 21 In Re/Max International, Inc., the Sixth Circuit found that the objective acts of the parties reflected that the parties had reached a settlement agreement where, in the first few days after the settlement was reached, the defendant communicated its belief that a settlement had been reached in a newsletter to its employees. Re/Max International, Inc., 271 F.3d at 646. In Graley v. Yellow Freight System, Inc., 2000 WL 799779 (6th Cir. 2000), the Sixth Circuit affirmed the district court s granting of the defendant s motion to enforce settlement agreement after the parties had represented to the court, before a hearing, that they had reached an oral settlement that would resolve the case. The transcript of the hearing reflected that the parties indicated that a settlement had been reached and that it would resolve the entire case. Neither the plaintiff nor his counsel stated that any of the terms of the settlement agreement still needed negotiation. In affirming the district court, the Sixth Circuit emphasized that the plaintiff s counsel did not use any language such as tentative, , subject to, or contingent upon further negotiations or ironing out further terms or details. Id. at * 6. Although the parties stated that the settlement agreement would not be put on the record, the plaintiff s counsel never stated that the parties were not doing so because essential terms remained open to negotiation. The Sixth Circuit concluded that the evidence showed that the parties intended to be bound, and all that was left was to put the agreement in writing. Id. In Bosley, the parties filed a Notice of Settlement a few days before trial was to begin, notifying the court that there was no need to impanel a jury because the parties had effectively reached a settlement. Bosely, supra, at 451. Thereafter, plaintiffs filed a motion seeking enforcement of the parties settlement agreement, which was granted by the district court. The Sixth Circuit affirmed, rejecting defendants characterization of the agreement as no 22 more than preliminary negotiations. In doing so, it explained that: Defendants seem to assume that because they would have preferred that the agreement contain terms different from those agreed upon by [counsel for the parties], the agreement must necessarily be incomplete, and as a consequence, there was no meeting of the minds. Just as the district court observed, however, the objective acts of the parties do not support defendants position. See Re/Max, 271 F.3d at 646 (noting that even though the parties had not yet formalized their agreement in writing, their objective acts . . . reflect[ed] that an agreement had been reached. ). Id. at 450-51. The court noted that the Notice of Settlement filed by the parties did not state that the parties were close to settlement or that talks were on the verge of producing an agreement. Rather, the defendants themselves stated that the agreement had effectively been reached and that the process of drafting documents had begun. Id. In affirming the district court s ruling that an agreement resolving the case had been reached, the court explained that: By all appearances, the parties operated as if their dispute had been resolved. Defendants point to nothing in the record beyond their own undisclosed subjective intent that would call the district court s finding of an agreement into question, much less support a finding of clear error. Id. at 451. Like Re/Max, Graley and Bosley, the parties objective acts establish that the parties reached a settlement agreement on August 19, 2009, resolving this case. First, the parties signed a written agreement memorializing the material terms of the agreement. While the written agreement references that a subsequent written agreement would be executed by the parties, the agreement does not indicate that the settlement is tentative or contingent on the negotiation of any additional material terms. Counsel for Defendants then affirmatively represented to this Court, on the record, that the case had been resolved because the parties had reached a settlement and that the terms of the 23 settlement were contained in a written agreement that had been signed by all the appropriate parties: THE COURT: Okay. There s been discussion starting last Friday regarding resolution of this case. The discussions continued yesterday and culminated with what I understand is a resolution this morning at about 11:00, five to eleven a.m.; is that correct? MR. ROBINSON: Correct, Your Honor. MR. SEWARD: Good morning, Your Honor. Joseph Seward on behalf of Doug Warner and Barry Gale; the answer is yes. THE COURT: Okay. Very good. All right. And the terms of that settlement are contained in an agreement; is that correct? MR. SEWARD: That s correct. THE COURT: Has the agreement been executed by everybody? MR. SEWARD: It is in the process. (Brief pause in the proceedings) MR. SEWARD: I will represent to the Court that it contains the original signatures of all. (Pls. Ex. 5, Docket Entry No. 216). Each of the parties that signed the written agreement also stated, on the record, that they had read the written agreement and agreed to its terms. That colloquy further reflected that the settlement agreement would resolve this case. (Id.). Notably, neither Defense Counsel nor any of the individuals who signed the agreement gave any indication whatsoever that the settlement was tentative or contingent on the negotiation of any additional material terms. Accordingly, before the jury was discharged, an Order of Dismissal was entered. That Order of Dismissal, approved by both parties as to form and substance, was issued on August 19, 2009, and states: The parties having placed a settlement of this action on the record on this date, IT IS ORDERED that this action is hereby DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED. 24 (Pls. Ex. 4, Docket Entry No. 193) (emphasis added). The only reason that the dismissal was made without prejudice was because Plaintiffs Counsel had indicated that he would not agree to dismiss the case with prejudice until his clients had actually received payment under the settlement agreement. Thus, [b]y all appearances, the parties operated as if their dispute had been resolved. Bosley, supra, at 451. In addition, like the situation seen in Re/Max International, Inc., the parties objective acts after August 19, 2009, also reflect that the parties had reached a settlement agreement resolving this action on August 19, 2009. For example, on Thursday August 20, 2009, Royal Oak Police Chief Christopher Jahnke made statements to the press acknowledging that this case had settled. (Pls. Ex. 6, Docket Entry No. 194-6). Defendants also continued to affirmatively represent to this Court, in various submissions filed after August 19, 2009, that the parties had entered into a settlement agreement resolving this case. For example, Defendants Rule 60(b) Motion asserted that [o]n August 19, 2009, before the close of Defendants proofs, the parties entered into a joint settlement agreement, settling the claims of both Plaintiffs on specific terms, including an agreement that the terms of the settlement would remain confidential. (Docket Entry No. 194 at 1). At the evidentiary hearing on November 12, 2009, Mr. Duffy candidly testified that on August 19, 2009, there was an agreement to resolve this case: Q. A. .... Q. A. And there was an agreement at least there was an agreement to resolve this case? Correct. The case was settled on the 19th and the release was to come later? That s correct. 25 (11/12/09 Hearing Tr. at 160). Accordingly, the Court concludes that the evidence overwhelmingly establishes that on August 19, 2009, the parties agreed on the essential terms of a settlement agreement to resolve this case. All that remained was to sort out the non-material details and execute a release agreement containing these same material terms. Re/Max International, Inc., 271 F.3d at 641. 2. The Material Terms Of The Parties Settlement Agreement: The court must enforce the settlement as agreed to by the parties and is not permitted to alter the terms of the agreement. Brock v. Scheuner Corp., 841 F.2d 151, 154 (6th Cir. 1988). The intent of the parties when entering a settlement agreement is an issue of fact to be decided by the district court. Henley v. Cuyahoga County Board of Mental Retardation and Developmental Disabilities, 141 Fed.Appx. 437,443 (6th Cir. 2005)(citing Brown v. County of Genesee, 872 F.2d 169, 174 (6th Cir. 1989)). A settlement agreement, like any other contractual arrangement, depends upon objective, not subjective, manifestations of intent. Bosley v. 21 WFMJ Television, Inc., 245 Fed.Appx. 445 (6th Cir. 2007) (citing Therma-Scan, Inc., 217 F.3d at 420). As stated above, the evidence establishes that the parties had a meeting of the minds on August 19, 2009, and reached agreement as to the material terms of a settlement agreement resolving this case. The parties agreed to the following material terms on August 19, 2009: 1) Payment of a specified amount ($700,000.00 total, $350,000.00 to each Plaintiff) to Plaintiffs McGuire and Ryan by Defendant Gale, Defendant Warner, the City of Royal Oak, and the MMRMA; 2) The signatories to the August 19, 2009 agreement and their representatives shall keep the total amount of the settlement, and the amount to be paid to each Plaintiff, confidential; 26 3) If asked about the settlement amount, the parties to the agreement and their representatives may state that the case was resolved, but may not make the specific statement that the case was resolved in Plaintiffs favor or disclose the amount of the settlement. 4) Plaintiffs release all claims against Defendants Gale and Warner that were asserted in this action; and 5) Following execution of the August 19, 2009 agreement, the parties would execute a release agreement, which would merely set forth these same material terms and release Defendants Gale and Warner from liability. The Court notes that Defendants assert that the confidentiality provision that the parties agreed to was very broad and included that the parties could not make any comments about any aspect of this case other than to state that the case has been resolved. The Court finds that position is not supported by any credible evidence. Defense Counsel did not request, and Plaintiffs did not agree to, such a broad confidentiality provision. The Court further notes that at the November 12, 2009 evidentiary hearing, Mr. Seward testified that during negotiations with Plaintiffs Counsel he insisted that there be no disparaging comments and that he said to Mr. Robinson, words to the effect that Defendants wanted to buy his clients silence. As stated supra, the Court finds that this testimony is not credible. Rather, the credible evidence in this case establishes that the parties agreed that if asked about the amount of the settlement, the parties to the August 19, 2009 agreement and their representatives could not make the specific statement that the case resolved in Plaintiffs favor or disclose the amount of the settlement. Rather, the parties agreed that, if asked about the amount of the settlement, all anyone could say is the case has been resolved. In addition to being supported by the credible testimony of Mr. Robinson and Ms. Miller, this conclusion is also supported by the objective actions of Royal Oak Police Chief Christopher 27 Jahnke and City Attorney David Gillam following the settlement. After the execution of the settlement agreement, on August 20, 2009, Chief Jahnke, did not comment on the amount of the settlement, but did make several comments to the media about this case and the police department s support of the actions taken by Defendants Gale. (Pls. Ex. 6, Docket Entry 194-6; Joint Ex. 3, Docket Entry No. 3). Mr. Gillam testified that he told Chief Jahnke that Chief Jahnke could not disclose the terms of the settlement to Mr. Egan. (11/13/09 Hrg. Tr. at 14). Mr. Gillam, attorney for the City of Royal Oak and a signatory to the Agreement, did not advise Chief Jahnke not to speak to Mr. Egan or to restrict his comments to saying the case has been resolved. 14 Thus, the actions of Chief Jahnke and Mr. Gillam are consistent with the parties agreement that if asked about the amount of the settlement, the parties to the agreement and/or their representatives could not disclose the amount of the settlement but were not prohibited from discussing or commenting about other aspects of the case. In sum, Defendants negotiated the settlement in this case through experienced counsel who had the opportunity to negotiate a broader confidentiality provision, or a non-disparagement clause, but elected not to do so. Bosely, supra, at 452. The fact that Defendants are now unhappy with the bargain they made does not entitle them to re-write the agreement. Id. 3. Neither Plaintiffs Nor Their Counsel Have Breached The Material Terms Of The Settlement Agreement: Defendants assert that Mr. Ryan and/or Mr. Robinson breached the material terms of the 14 Again, the Court notes that Defense Counsel asserts that Chief Jahnke s statements to the Windsor Star were made only after Mr. Ryan and/or Mr. Robinson s statements were published and therefore the settlement agreement was void at that time. There is no credible evidence to support that assertion. 28 agreement by disclosing to the media (i.e., Mr. Egan or Mr. Battagello) that the City had agreed to a six figure settlement in this case.15 Defendants have failed, however, to present this Court with any evidence to establish that Mr. Ryan, Mr. Robinson, or any other person associated with Plaintiffs, made such a disclosure. Defendants ask this Court to rule that Mr. Ryan and/or Mr. Robinson disclosed the amount of the settlement without any evidence establishing that either made such a disclosure. Defense Counsel urges the Court to make such a finding because Defendants have eliminated other sources. The Court finds that position unsupportable. The Court must make its ruling based upon evidence, not speculation. With the exception of Chief Jahnke,16 all of the parties or parties representatives who are alleged to have spoken with the media following the settlement testified at the evidentiary hearing that they did not disclose the amount of the settlement to the media or tell the media that the settlement was six figures. Thus, Defendants have not presented this Court with any evidence to establish that Plaintiffs or their counsel disclosed the amount of the settlement agreement to the media. 4. It Is Undisputed That Plaintiffs Have Not Received The Settlement Proceeds And The Court Concludes That Plaintiffs Are Entitled To Enforcement Of The Settlement Agreement. As set forth above, the Court concludes that neither Plaintiffs Counsel nor Plaintiffs 15 Defendants further claim that the confidentiality provision that the parties agreed to was very broad and included that the parties could not make comments about any aspect of the case other than to state that the case has been resolved. As stated above, however, the Court concludes that the parties did not agree to such a provision. Accordingly, the Court concludes that neither Mr. Ryan, Mr. Robinson, nor Chief Jahnke breached the settlement agreement by commenting about the case without disclosing the amount of the settlement agreement. 16 Defendants did not call Chief Jahnke as a witness at the evidentiary hearing. 29 breached the material terms of the settlement agreement. Nevertheless, it is undisputed that, to date, Plaintiffs have not received the agreed upon settlement proceeds. 5. The Court Shall Issue Consent Judgments In Order To Enforce The Settlement Agreement. The power of a trial court to enter a judgment enforcing a settlement agreement has its basis in the policy favoring the settlement of disputes and the avoidance of costly and timeconsuming litigation. Kukla v. National Distillers Prodcs., Co., 483 F.2d 619, 621 (6th Cir. 1973). Such a judgment is in the nature of a consent judgment. Id.; see also Re/Max International, Inc., 271 F.3d at 650 ( Once concluded, a settlement agreement is as binding, conclusive, and final as if it had been incorporated into a judgment. ). The Court concludes that, in order to enforce the settlement agreed to here, the issuance of consent judgments is warranted. Kukla, supra; see also, Limbright v. Hofmeister, 553 F.Supp.2d 886, 893 (E.D. Mich. 2008) (enforcing settlement agreement by issuing consent judgment) (affirmed in Limbright v. Hofmeister, 566 F.3d 672 (6th Cir. 2009)). Appropriate consent judgments shall be issued forthwith. 6. The Court Shall Deny Plaintiffs Unsupported Request For An Award Of Interest And Attorney Fees. At the close of the evidentiary hearing, Plaintiffs Counsel requested that the Court award Plaintiffs interest on the unpaid settlement proceeds, from on August 19, 2009 to the date of any judgment that issues in this action. Plaintiffs Counsel also requested that the Court award Plaintiffs their attorney fees and costs incurred in connection with their Motion to Enforce Settlement Agreement. Defense Counsel responded that Plaintiffs have provided no authority in support of their 30 request. The Court agrees that Plaintiffs have not provided this Court with any authority in support of their request. Accordingly, the Court shall DENY Plaintiffs request without prejudice. CONCLUSION & ORDER For the reasons set forth above, IT IS ORDERED that Plaintiffs Motion to Enforce Settlement Agreement is GRANTED. IT IS FURTHER ORDERED that the Court shall issue an appropriate CONSENT JUDGMENT forthwith. IT IS SO ORDERED. S/Sean F. Cox Sean F. Cox United States District Judge Dated: November 25, 2009 I hereby certify that a copy of the foregoing document was served upon counsel of record on November 25, 2009, by electronic and/or ordinary mail. S/Jennifer Hernandez Case Manager 31 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2 3 4 TIMOTHY DANIEL MCGUIRE, et al, 5 6 7 Plaintiffs, -v- Case No. 05-40185 DOUGLAS WARNER, et al, 8 Defendants./ 9 EVIDENTIARY HEARING BEFORE HONORABLE SEAN F. COX United States District Court Judge 257 U.S. Courthouse 231 West Lafayette Detroit, Michigan 48226 10 11 12 (Thursday, November 12, 2009) 13 APPEARANCES: 14 15 16 DAVID ROBINSON, ESQUIRE RACINE MILLER, ESQUIRE Appearing on behalf of the Plaintiffs. JOSEPH SEWARD, ESQUIRE ANN MCCLOREY MCLAUGHLIN, ESQUIRE Appearing on behalf of the Defendants. 17 18 REPORTED BY: 19 20 MARIE METCALF, CVR, CM 257 U.S. Courthouse 231 W. Lafayette Detroit, Michigan 48226 metcalf_court@msn.com 21 22 23 24 25 1 1 TABLE OF CONTENTS 2 3 Proceedings - Thursday, November 12, 2009 4 5 WITNESS CALLED BY THE PLAINTIFFS: 6 JAMES LEE JOSEPH RYAN 7 Direct Examination by Mr. Robinson ... 8 Cross-Examination by Mr. Seward ...... 9 Redirect Examination by Mr. Robinson . 10 WITNESS CALLED BY THE DEFENDANTS: PAGE: 11 12 RACINE M. MILLER 13 Direct Examination by Mr. Seward ..... 14 Cross-Examination by Mr. Robinson .... 15 DAVID A. ROBINSON 16 Direct Examination by Mr. Seward ..... 17 Cross-Examination by Ms. Miller ...... 18 Redirect Examination by Mr. Seward ... 19 Recross-Examiantion by Ms. Miller .... 20 T. JOSEPH SEWARD 21 Direct Examination by Ms. Mclaughlin.. 22 Cross-Examination by Mr. Robinson .... 23 Redirect Examination by Ms. McLaughlin 24 25 2 1 2 3 JAMES E. DUFFY 4 Direct Examination by Mr. Seward ................ 5 Cross-Examination by Mr. Robinson ............... 6 Redirect Examination by Mr. Seward .............. 7 8 DAVID W. GILLAM 9 Direct Examination by Mr. Seward ................ 10 Cross-Examination by Mr. Robinson ............... 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 Detroit, Michigan 2 Thursday, November 12, 2009 3 At about *:** a.m. 4 * 5 * * DEPUTY COURT CLERK: The United States 6 District Court for the Eastern District of Michigan is in 7 session. 8 Court Judge presiding. 9 10 Please be seated. The Court calls case number 05-40185. McGuire and Ryan versus Warner and Gale. 11 12 The Honorable Sean Cox, United States District Counsel, your appearances for the record, please. 13 MR. ROBINSON: Good morning, Your Honor. 14 David Robinson appearing on behalf of Mr. McGuire and Mr. 15 Ryan. 16 MS. MILLER: Good morning, Your Honor. 17 Racine Miller appearing on behalf of Mr. McGuire and Mr. 18 Ryan. 19 20 MR. SEWARD: Joe Seward on behalf of the defendants. 21 22 MS. MCLAUGHLIN: 25 Good morning, Your Honor. Anne McClorey McLaughlin appearing for the defendants. 23 24 Good morning, Your Honor. THE COURT: Good morning, how is everyone doing? MS. MILLER: Pretty good. 4 1 2 THE COURT: Good. Are we ready to proceed? 3 MS. MILLER: Yes, sir. 4 MR. SEWARD: Yes, sir. 5 THE COURT: 6 Did you get the order denying defendants' motion to stay? 7 8 I am. MR. SEWARD: We got it just now, Your Honor. 9 THE COURT: Right. Well, I got your 10 motion to stay about 45 minutes ago, so I did the best I 11 could. All right? 12 MS. MILLER: 13 THE COURT: 14 Thank you. Okay. Just give me a minute. (Brief pause in proceedings) 15 THE COURT: Okay. Exhibits. Have you 16 agreed upon a list of exhibits that you want the Court to 17 receive into evidence for this proceeding? 18 MR. ROBINSON: 19 We have not discussed those, but we don't object to theirs, Your Honor. 20 THE COURT: Any objection to -- you don't 21 have any objection to defense's proposed exhibit list 22 which includes the settlement agreement, the Detroit News 23 articles and articles printed by the Windsor Star. 24 guess Defendants' Exhibit One would be the settlement 25 agreement. So I Defendants' Exhibit Two are the articles 5 1 printed by the Detroit News. 2 articles printed by the Windsor Star; is that correct? 3 MR. ROBINSON: 4 THE COURT: 5 And Exhibit Three are Correct. All right. Are you going to move for those to be received? 6 MR. SEWARD: Yes, Your Honor. And we 7 would ask that the settlement agreeement continue to be 8 admitted under seal. 9 our motion does set forth the -- most of the -- the words 10 of the agreement. 11 Even though your opinion denying We still -- THE COURT: You know, we checked it out. 12 There's no order sealing it. 13 sealing it? 14 15 MS. MCLAUGHLIN: THE COURT: 22 Can I see that, the order Mr. Robinson, is there an order sealing it? 20 21 There sealing it? 18 19 Yes, Your Honor. was an ordered entered. 16 17 Do you have an order MR. ROBINSON: I don't recall that, Your Honor. MS. MCLAUGHLIN: Yes, Your Honor. I don't 23 have the copy of the agreement that has the Court's 24 electronic printing on the top, Your Honor. 25 that we filed it under seal and we would not have done But I know 6 1 that without a Court order, because we were waiting for 2 the Court to enter an order to that effect. 3 THE COURT: Okay. Let's take it a step at 4 at a time. 5 it to be -- just allows it to be filed as an exhibit 6 under seal. 7 sealed for all purposes. 8 sealed for the purposes of this proceeding. 9 Do you have -- the order to seal just allows It does not -- there's no order that it be Okay. So I'm not going to order it So could you please put the 10 exhibits up at the -- the three exhibits that have been 11 admitted, put them up on the table in front of us where 12 we keep all of our exhibits. 13 14 So will these be Joint Exhibits One, Two and Three then? 15 16 MR. ROBINSON: Honor. 17 18 That would be fine, Your THE COURT: Okay. You an sit down. 20 Okay. 24 25 You don't have to stand. Mr. Robinson, did you review the exhibits that the defense just gave me? 22 23 We have stickers. 19 21 Great. MR. ROBINSON: Honor. I have seen them, Your Let me take a moment. THE COURT: I'm under the impression you do not want the amounts blacked out. The exhibit they 7 1 handed to me is not the original. 2 amounts blacked out. 3 4 MR. ROBINSON: THE COURT: 6 MR. ROBINSON: 7 THE COURT: Okay. You want the original? I do. Okay. Can I have the original then? 9 10 I would object, Your Honor, to that. 5 8 It's a copy with the Okay. You can give Mr. Seward back the blacked-out. 11 MR. ROBINSON: 12 MR. SEWARD: Okay. Your Honor, just so the 13 record is clear that we object to the unredacted original 14 being admitted into evidence for this hearing. 15 16 THE COURT: And what's the basis of that MR. SEWARD: Because when we were here objection? 17 18 originally, when we put this on the record, the Court 19 indicated and my request that it would be placed under 20 seal. 21 made public either in any pleading nor in any opinions of 22 the Court that I have read to date. We relied upon that. 23 And so far that has not been I have not read the order denying our 24 motion for stay. 25 statement. So I don't know if that's a true With that exception we would oppose that 8 1 coming into evidence. 2 THE COURT: Do you agree that that 3 agreement was executed by the parties on August 19th, 4 which is reflected in Exhibit One? 5 MR. SEWARD: 6 THE COURT: 7 Can I see the exhibits real quick for a 8 Okay. "Agreement." 11 12 Great. We have Exhibit One, entitled Joint Exhibit One, titled "Agreement." Exhibit Two, article from Paul Egan of the Detroit News, Thursday, August 20th. 13 14 Okay. Absolutely. minutes here? 9 10 Oh, yes. And then we have an August 21, 2009 article from the Windsor Star. 15 Okay. Are there any other joint exhibits that 16 the parties can agree upon that can be received into 17 evidence? 18 MR. ROBINSON: Your Honor, if I might take 19 a moment to hand Mr. Seward our package of exhibits to 20 see if he would agree. 21 THE COURT: 22 MR. SEWARD: 23 these need to be admitted into evidence. 24 are the order of dismissal -- 25 THE COURT: Okay. Sure. Your Honor, I don't know that What they are What about the order of 9 1 dismissal. 2 Do you object to that being received into evidence? 3 MR. SEWARD: 4 THE COURT: 5 6 Pardon me? Do you object to that being received into evidence? MR. SEWARD: No, because I believe it's 7 already part of the Court's records. I don't know that 8 it has to be introduced separately as an exhibit and 9 that's my response to all of them. They are already part 10 of the court's records, so the other -- what he has 11 proposed as exhibits are the Court's opinion and order 12 denying our motion to disqualify the Judge. 13 how that is relevant to today's proceedings. 14 I don't see The opinion and order granting in part and 15 denying in part plaintiffs' motion to reopen the case, I 16 don't see how that is relevant to these proceedings. 17 dictates what the proceedings will be, but it does not 18 need to be an exhibit in this evidentiary hearing. 19 20 21 22 23 It The order to show cause and appear for status conference and hearing. THE COURT: Same objection that -- How about if we receive -- Mr. Seward has a good point. They are the court record. How about if 24 we just receive the order of dismissal, which was from 25 the briefs, apparently, may have been part of a 10 1 discussion on August 19th. 2 that into evidence? 3 thought? 4 5 How about if we just receive Is there any objection as to that MR. ROBINSON: That would be fine, Your Honor. 6 MR. SEWARD: Again, we would object. It 7 doesn't -- it's already part of the court's record and it 8 doesn't bear upon the issues that the Court has framed in 9 its opinion setting forth the evidentiary hearing. 10 THE COURT: Okay. I'm going to receive 11 the order of dismissal based upon my review of the 12 briefs, I think it is relevant for this proceeding. 13 MR. ROBINSON: 14 THE COURT: 15 Okay. We'll make that Exhibit Four; is that okay? 16 17 Thank you, Your Honor. MR. ROBINSON: you. Yes, Your Honor. Thank May I approach? 18 THE COURT: Yes. 19 And what about the transcript. I know 20 plaintiff has requested the transcript, I believe, of the 21 settlement proceedings on August 19th. 22 MR. ROBINSON: 23 THE COURT: 24 MR. SEWARD: 25 That, we did, Your Honor. Any objection that? Can I see that again just to -- 11 1 Your Honor, first of all, we would object 2 to it coming in as evidence -- it's part of the Court's 3 record. It's highlighted. 4 THE COURT: 5 MR. SEWARD: 6 We have an objection to that. objection to it coming in. 7 THE COURT: 8 MR. SEWARD: 9 the court record. 10 11 How about a clean copy? Well, I still would have an Because? Because it's already part of It's not relevant to -- THE COURT: I don't think the transcript is part of the court record. 12 MR. SEWARD: 13 THE COURT: 14 MR. SEWARD: It is the court record. Okay. Is that your objection? And it's also not relevant to 15 the issues framed by this Court for this evidentiary 16 hearing. 17 18 THE COURT: Issues -- I thought you put the -- 19 MR. SEWARD: 20 THE COURT: 21 to decide. All right. 22 Pardon me? Put the issues in front of me I'll receive the transcript as Exhibit Five. 23 MR. ROBINSON: Five, Your Honor. 24 THE COURT: 25 It is -- the Court finds that this will be Five. 12 1 relevant to the proceedings here today. 2 be a clean copy. 3 4 MR. ROBINSON: And it needs to It is, Your Honor. May I approach? 5 THE COURT: 6 It will be relevant to the proceedings 7 here today. 8 9 Sure. Okay. With respect to Exhibit One, at this time I'm going to keep the amounts at this time 10 sealed. All right. So I'm going to take back Exhibit -- 11 I'll keep the amounts sealed on that exhibit. 12 amount becomes a material term or an issue, that could 13 reflected in the Court's opinion and order, which will 14 not be sealed. 15 judgment. Okay? But if the As well as if the Court enters a Okay? 16 MR. ROBINSON: 17 THE COURT: Thank you, Your Honor. All right. So the next issue 18 I want to deal with before we start with the testimony is 19 apparently a Mr. Kelly subpoenaed Ms. Hernandez for 20 testimony here today on -- at your request, Mr. Seward? 21 MR. SEWARD: Yes, Mr. Kelly served both 22 Jennifer Hernandez, the Court's case manager, as well as 23 the Court. 24 25 THE COURT: court administrator. Okay. Well, it served the I actually haven't seen the 13 1 subpoena that was served on the court administrator. 2 I already dealt with that issue in opinion and order. 3 But With respect to the service of the court 4 clerk, I looked at your witness list and which you had to 5 file pursuant to court order with the statement of what 6 the individuals are going to testify to. 7 Ms. Hernandez talked with T. Joseph Seward regarding Mr. 8 Egan of the Detroit News speaking with plaintiffs' 9 contingency -- you mean, who? 10 MR. SEWARD: It states that I recall I believe it was the 11 individual plaintiffs, family members. 12 hundred percent certain at this point whether it included 13 any of the attorneys. 14 THE COURT: Okay. I am not a So the proper testimony 15 would be that she saw plaintiffs -- the proper testimony, 16 she talked with you and said what? 17 MR. SEWARD: No, I approached her, Your 18 Honor, and said that I was upset. 19 used a different word to express my upsettedness. 20 wanted to discuss the issue with the Court and asked her 21 to relay that to you. 22 THE COURT: Okay. 23 MR. ROBINSON: 24 THE COURT: 25 MR. ROBINSON: I think I may have That I Any dispute as to that? Your Honor -- Any dispute -- just listen -No, Your Honor. 14 1 2 THE COURT: Okay. Then why do we need her? 3 MR. SEWARD: Because I think it's relevant 4 to show there is a dispute between the parties as to what 5 the material terms of the agreement are. 6 THE COURT: 7 MR. SEWARD: 8 we buy their silence. 9 issue. How can she testify to that? And one of the issues is did And we submit that's a material And when it was brought -- when I saw what was 10 going on, I brought it to her attention and she would be 11 able to testify regarding the fever in which I wanted to 12 talk to the Court to show that their silence was a 13 material issue, a material term of this agreement. 14 so we need her to establish -- 15 16 THE COURT: 19 20 21 Any issue that Mr. Seward was upset when he spoke to Ms. Hernandez? 17 18 And MR. ROBINSON: No, Your Honor. Absolutely not. MR. SEWARD: And the reason for being upset is that there was disclosure -THE COURT: So you can tell us maybe the 22 reason as to why you were upset. 23 tell the reason why you were upset. 24 25 MR. SEWARD: I don't that she can That's why she needs to be called as a witness, Your Honor. 15 1 THE COURT: At best, I think at best any 2 testimony would appear right not cumulative and as to any 3 testimony you may provide and I don't see where it's 4 relevant. That's point number one. 5 6 And could we have our clerk hand this document to Mr. Seward. 7 MR. SEWARD: 8 THE COURT: 9 MR. SEWARD: 11 THE COURT: MR. SEWARD: 14 THE COURT: MR. SEWARD: 17 THE COURT: 18 MR. SEWARD: 19 THE COURT: And does it comply Excuse me. It does not? I'm asking if it complies with What complies with 45 -The subpoena. I believe it does. Okay. Why don't you look at the check? 21 22 Right. Rule 45(b)(1)? 16 20 And the witness fee. with Rule 45(b)(1)? 13 15 Is that the subpoena that was served on Ms. Hernandez? 10 12 And this document is -- MR. SEWARD: The check is a witness fee for $40. 23 THE COURT: To who? 24 MR. SEWARD: To the Honorable Sean Cox. 25 THE COURT: Is it to Jennifer Hernandez? 16 1 MR. SEWARD: No, it's not, Your Honor. 2 THE COURT: And that's the subpoena that 3 was served on her. 4 MR. SEWARD: Okay. Is Court's check -- 5 does the Court's subpoena indicate that it was to 6 Jennifer Hernandez? 7 THE COURT: That's the subpoena she got. 8 MR. SEWARD: I'm just asking a question, 9 Your Honor. 10 THE COURT: 11 Pardon me? MR. SEWARD: I'm just asking a question of 12 whether the subpoena served upon the Court had Jennifer 13 Hernandez's check. 14 15 THE COURT: I told you I haven't seen that. 16 The second thing is is that if it had, it 17 wasn't -- assuming that it had, it wasn't served on her. 18 The subpoena was not served with a witness fee payable to 19 Jennifer Hernandez. 20 MR. SEWARD: 21 THE COURT: 22 23 Well, without -So there seems to be a major problem with your subpoena. MR. SEWARD: Well, again, Your Honor, I 24 don't know where the original is of this Court's and to 25 see if there was a check there. We were informed after 17 1 the Marshal's escorted Mr. Kelly out of chambers, we were 2 informed by Mr. Weaver, head clerk, that -- 3 THE COURT: But Mr. Seward, that is a 4 subpoena by your process server served on -- served to 5 Jennifer Hernandez, correct? 6 MR. SEWARD: That's the subpoena, right? Judge, I'm not disputing 7 that. All I'm saying is that if there is a check for 8 Jennifer Hernandez to the Court I would submit that that 9 has been proper service. 10 THE COURT: You're absolutely wrong. 11 MR. SEWARD: Thank you, Your Honor. 12 THE COURT: 13 And we probably might want that back in case it becomes an issue. 14 MR. SEWARD: 15 THE COURT: 16 MR. SEWARD: 17 THE COURT: May I approach? Sure. Thank you. So in any event, Ms. Hernandez 18 was not properly served by the defendant for her 19 appearance here today. 20 Okay. It would seem to me that the 21 procedure -- and correct me if I'm wrong -- plaintiffs 22 are the ones that wish to enforce the order, so they 23 would go first; is that correct? 24 MR. ROBINSON: 25 THE COURT: Your Honor, I was -- Or present their evidence 18 1 first. It's up to you two. 2 MR. ROBINSON: I was under the impression 3 that it's Mr. Seward that is actually requesting the 4 evidentiary hearing, so -- 5 6 THE COURT: Okay. Mr. Seward, do you want to go first? 7 MR. SEWARD: Well, Your Honor, they're the 8 ones who are -- it's our position that they moved to 9 enforce the settlement agreement. The Court granted an 10 evidentiary hearing. 11 party and therefore they should have the burden of moving 12 forward in persuasion. 13 THE COURT: 14 THE COURT: 19 20 21 22 23 24 25 Let's take a break. All right. Mr. Robinson, you wish to enforce this agreement, so you may proceed. 17 18 Okay. (Brief pause in proceedings) 15 16 It's their -- they're the moving MR. ROBINSON: that. Okay. Your Honor, I'll do I'm going to call Mr. Ryan, Your Honor. THE COURT: Sure. Mr. Ryan, could you give your full name to our court reporter, please? THE WITNESS: James Lee Joseph Ryan. JAMES LEE JOSEPH RYAN, PLAINTIFF'S WITNESS, SWORN THE COURT: And just give me a minute before we start. (Brief pause in proceedings) 19 1 THE COURT: 2 MR. ROBINSON: 3 Okay. You may proceed. Thank you, Your Honor. DIRECT EXAMINATION 4 BY MR. ROBINSON: 5 Q Mr. Ryan, would you state your name for the record. 6 A James Lee Joseph Ryan. 7 Q And Mr. Ryan were you present on August the 19th, 8 2009 during your trial against Messrs. -- I apologize. 9 THE COURT: Mr. Warner and Mr. -- 10 BY MR. ROBINSON: 11 Q -- Warner and Mr. Gale? 12 A Yes, I was. 13 Q Okay. 14 come to your attention that both Mr. Gale and Mr. Ryan -- 15 I mean, Mr. Warner through their counsel, wish to resolve 16 the case with you? 17 A Yes. 18 Q Okay. 19 your attorneys in that regard? 20 A Yes. 21 Q And did you eventually sign an agreement with regard 22 to settling the case? 23 A Yes, I did. 24 Q Okay. 25 that were laid out in the one-page document that you And at some point in time Mr. Ryan, did it And did you have certain discussions with Do you have an understanding as to the terms 20 1 signed? 2 A 3 signed, yeah. 4 Q 5 document that was to be held confidential? 6 A Yes, there was. 7 Q What was that? 8 A That was the amount of the settlement. 9 Q At any point in time after August 19th, 2009 did you An understanding of what was in the document that I Did you understand that there was something in the 10 ever reveal to anybody the amount of the settlement? 11 A No, I did not. 12 Q Okay. 13 Windsor Star or the Detroit Free Press -- Detroit News, 14 rather, with regard to settlement of this case? 15 A 16 concerned? 17 Q 18 number one? 19 A No. 20 Q Okay. 21 indicating to a newspaper in this regard? 22 A How I felt about it. 23 Q And did you believe that to have been a violation of 24 any agreement that you signed earlier on August the 19th, 25 2009? Did you have a conversation with either the In what regards as far as the settlement is Did you reveal anything about the settlement amount, Did you reveal -- what do you recall 21 1 MR. SEWARD: You know Your Honor -- 2 THE WITNESS: 3 MR. SEWARD: 4 it's irrelevant as to what his belief is. 5 THE COURT: No. I object to that, because Overruled. 6 BY MR. ROBINSON: 7 Q 8 regard to their responsibility to keep the amount of the 9 settlement confidential? And did you discuss with your family anything with Or did you -- 10 A I didn't talk to anybody about specifically. 11 Q Did anyone come to you in your family or have Mr. 12 McGuire indicated to you anything about having revealed 13 to anybody the amount of the settlement? 14 A No. 15 Q Okay. 16 by the terms -- 17 18 Do you feel, Mr. Ryan, that you have abided MR. SEWARD: Same objection, Your Honor. What he feels is not relevant. 19 THE COURT: Overruled. 20 BY MR. ROBINSON: 21 Q 22 terms of the agreement that was signed on August 19th, 23 2009? 24 A Yes, I feel that I have. 25 Q Okay. Do you feel, Mr. Ryan, that you have abided by the Have you received any other document from Mr. 22 1 Seward or Mr. Warner or Mr. Gale relative to the 2 expression of any greater terms beyond those that were 3 contained in the August 19th, 2009 piece of paper? 4 A No. 5 Q Have you received Mr. Ryan, any amount of money that 6 was consistent with the agreement that you entered into 7 with both Mr. Warner and Mr. Gale relative to the 8 settlement of the case? 9 A No, I have not. 10 11 MR. ROBINSON: Okay. I don't have anything else, Your Honor. 12 THE COURT: 13 MR. SEWARD: 14 Okay. Mr. Seward. Thank you. CROSS-EXAMINATION 15 BY MR. SEWARD: 16 Q 17 The exhibits are -THE COURT: Just so I'm clear as we 18 proceed, there's no allegation -- you haven't made any 19 allegation anywhere that I saw, and please correct me if 20 I'm wrong, that Mr. McGuire spoke to the press. 21 22 MR. SEWARD: find out if he has. 23 THE COURT: 24 MR. SEWARD: 25 We've asked him to be here to Could you answer my question? Have we made that allegation? Not specifically. 23 1 THE COURT: Okay. Very good. And have 2 you made any allegation that Mr. McGuire disclosed the 3 amount of the settlement to anyone? 4 5 MR. SEWARD: No. Have I made that allegation? We were going to make that inquiry. 6 THE COURT: Okay. 7 allegation. 8 You haven't made that You have no information as we start this proceeding; is that correct? 9 10 MR. SEWARD: make that inquiry, Your Honor. 11 12 THE COURT: Okay. 13 Just so the record is clear. Go ahead. MR. SEWARD: 14 15 And that's why we're going to The exhibits -- THE COURT: They should all be right on the table. 16 MR. SEWARD: I -- 17 THE COURT: Okay. 18 here. 19 one? Can I have a copy of one? One, two, three is Anybody have a copy of There's one, two, three. 20 And then -- 21 MR. SEWARD: 22 one, Your Honor. 23 We have the redacted copy of one. THE COURT: 24 Q Sure. Thank you. BY MR. SEWARD: 25 We have the redacted copy of Mr. Ryan, do you -- 24 1 2 THE COURT: Do you have all the exhibits now? 3 MR. SEWARD: 4 THE COURT: Pardon me? Do you have all the exhibits? 5 They're supposed to be all placed on the exhibit table 6 here. 7 MR. SEWARD: 8 Your Honor. 9 I have one, two and three, transcript. 10 11 I do not have four, which I believe is the THE COURT: And five is the order, Mr. Robinson? 12 MR. SEWARD: We gave plaintiffs' counsel 13 our copy of the transcript, because that was not marked 14 up. 15 THE COURT: 16 MR. ROBINSON: 17 Your Honor. 18 Okay. I handed it to the Court, I put a sticker on it. THE COURT: So that's defendants', 19 Defendants' One -- sorry, that's Exhibit Four. 20 One, two and three are joint and then defendants' 21 admitted exhibit four, which defendants moved in, Exhibit 22 Five, which defendants moved. 23 MR. SEWARD: 24 THE COURT: 25 Okay. No, I believe plaintiff. I apologize. You're right. Plaintiff. 25 1 MR. ROBINSON: Your Honor, and I -- for 2 the record, I mismarked four and five, because I put a 3 joint sticker on it. 4 THE COURT: They're not joint, so why 5 don't we just mark it four and five. 6 So let's take care of that now. 7 8 MR. ROBINSON: They're not joint. Again, Your Honor, I -- pursuant to the -- 9 MR. SEWARD: 10 THE COURT: Okay. Just stay with me. 11 and three are joint. Okay. 12 One, two understand, is four; is that correct? 13 MS. MILLER: 14 THE COURT: 15 MS. MILLER: 16 THE COURT: 17 transcript is five. 18 The transcript, as I I thought the order was four. Okay. The order is four. Yeah, the order's four. Order is four and the Okay. MR. ROBINSON: Now, for the record, Your 19 Honor, I've marked order of dismissal plaintiffs' four, 20 transcript plaintiffs' five. 21 Seward. 22 23 THE COURT: And I'm handing them to Mr. And that's a clean copy of the transcript, right? 24 MR. ROBINSON: 25 THE COURT: It is, Your Honor. No highlights? 26 1 MR. ROBINSON: 2 THE COURT: 3 MR. SEWARD: 4 Q 6 Okay. Great. All right. BY MR. SEWARD: 5 No highlights. Exhibit One -- Mr. Ryan, I'm going to show you what's been marked 7 8 MR. SEWARD: Is it all right if I approach, Your Honor? 9 THE COURT: Sure. 10 BY MR. SEWARD: 11 Q You've seen that document before, haven't you? 12 A Yes, I have. 13 Q And it's signed by you? 14 A Yes, it is. 15 Q And it is -- it was read by you, correct? 16 A That's correct. 17 Q Okay. 18 A Yes. 19 Q And you understood it, correct? 20 A That's correct. 21 Q Okay. 22 just -- may I have that back? 23 copy that's redacted. 24 25 And you read it before you signed it? Now, in the agreement that is there, -- let's Because the Court has our The second sentence of the agreement says. "No party or party's representative 27 1 will disclose to any person the terms 2 of the settlement," 3 correct? 4 A If you read that, that's correct. 5 Q Okay. 6 talked to a relative the party was instructed to tell 7 that relative not to discuss the agreement -- the 8 settlement; is that correct? 9 A That's correct. 10 Q Okay. 11 paragraph, there's a statement there. 12 second paragraph for me? 13 A And it also goes on to say that if anyone's And then the second paragraph, the next Can you read that 14 "If asked, all anyone can say is the 15 case has been resolved. 16 will not be put on the record. 17 Instead, the parties and 18 representatives will sign an 19 agreement which will set forth the 20 specific terms of a confidential 21 agreement." 22 Q Okay. 23 The terms So the first sentence says -- of the second paragraph. 24 "If asked, all anyone can say is the 25 case is resolved," 28 1 is that correct? 2 A That's correct. 3 Q Okay. 4 Exhibit Two is a report from the Detroit Free Press -- or 5 the Detroit News. 6 making certain statements. 7 A The agreement? 8 Q Or the article? 9 A I had read it. 10 Q Okay. 11 yourself, correct? 12 A What do you mean exactly by -- 13 Q Okay. 14 this. Sometime -- I'm going to show you -- well, And in there, it's quoted as you Have you read this agreement? And they attribute certain language to We'll go to the Windsor Star. Let me ask you Let's back up to the -- to the Egan. 15 Did you tell Mr. Egan that the -- words to 16 the effect you couldn't say the amount, but that it was a 17 six-figure settlement? 18 A No. 19 Q Do you know who did? 20 A No, I don't. 21 Q Have you ever been told who said that? 22 A Nope. 23 Q Okay. 24 that although the city and officers admitted no wrong 25 doing, the fact that they were willing to settle tells Did you tell Mr. Egan words to the effect 29 1 me, yourself, that they know they wronged us? 2 A 3 know if that's exactly. 4 Q 5 It's Joint Number Two. 6 A Without having the article in front of me, I don't Well, that's why I ask if -- okay. I'll show you. It's the last sentence. Thank you. 7 I said words to that effect. 8 Q Okay. Now, would you agree with me that the 9 agreement number one says that if asked, all anyone could 10 say is the case resolved, correct? 11 A Correct. 12 Q Would you agree with me that your words or words to 13 the effect that "they were willing to settle tells me 14 they know they wronged us" is not consistent with that 15 agreement? 16 been resolved," isn't that a true statement? 17 A I'm not speaking about the settlement itself. 18 Q Sir, sir. 19 interviewed by Mr. Egan you did not limit your words to 20 "the case has been resolved"? 21 A 22 speak to the media, am I limited to only saying that, 23 even if I'm not speaking about the settlement itself? 24 Q 25 That is, you said more than "the case has Isn't it true that when you were Is that a true statement? But am I limited to only speaking -- I mean, if I Sir, isn't it -- well, hold on. You were asked questions about the 30 1 resolution of the matter, correct? 2 3 MR. ROBINSON: That is without foundation. 4 5 MR. SEWARD: MR. ROBINSON: He's not -- he's got no foundation. 8 9 This is the foundational question. 6 7 Object to that, Your Honor. THE COURT: He can ask the question -- answer the question. 10 THE WITNESS: I'm sorry. Can you repeat 11 the question? 12 BY MR. SEWARD: 13 Q 14 resolution of the matter; isn't that a true statement? 15 A He may have asked me questions to that effect. 16 Q Okay. 17 some of the words that came out, if the article is not a 18 correct quote, it was words to the effect "the fact that 19 they were willing to settle." 20 correct? 21 A I said those words. 22 Q Okay. 23 Officer Warner and the City of Royal Oak, correct? 24 A 25 the situation in its entirety. You were asked questions by Mr. Egan about the And in fact, you've already testified that You said those words, The words "they" refer to Officer Gale, I mean, I guess it spoke about the whole entirety of 31 1 Q Sir, you have to answer the question that I'm 2 asking, please. 3 The word "they're" t-h-e-y apostrophe r-e, 4 is referencing the Royal Oak side of the case; isn't that 5 true? 6 A That's correct. 7 Q Okay. 8 settle." 9 correct? And then you used the words "willing to So you're talking about the settlement, 10 A That's correct. 11 Q Okay. 12 the Royal Oak defendant settled the case tells you, Mr. 13 Ryan, that they -- and the word "they" refers to the 14 Royal Oak defendants, correct? 15 A Yeah, that's correct. 16 Q That "they" the Royal Oak defendants know they, 17 again that "they" refers to the Royal Oak defendants, 18 correct? 19 A Correct. 20 Q Wronged us, and the "us" refers to you and Mr. 21 McGuire; is that a true statement? 22 A Yes. 23 Q So if we take out the pronouns and put in what 24 you're is, the fact that the Royal Oak defendants were 25 willing to settle the case, tells Mr. Ryan the Royal Oak And then you went on to say, "The fact that 32 1 defendants know the Royal Oak defendants wronged Jim Ryan 2 and Mr. McGuire, correct? 3 A That's correct. 4 Q Now, I want to draw your attention back to the 5 Tuesday, I believe it's August 18th, 2009; do you 6 remember that day? 7 A Vaguely. 8 Q Sure. 9 discussion by Danny Threlfall who identified you as being One of the things is there we had some 10 a perpetrator; do you remember that? 11 A I recall. 12 Q Okay. 13 some discussions about trying to resolve this case; do 14 you remember that? 15 A I'm not sure what you're referring to. 16 Q Okay. 17 -- I'm not sure if it happened immediately after trial 18 for that day, but sometime before we left that afternoon, 19 there was some discussion on the record about plaintiffs' 20 demand, the defendants' offers and so forth. 21 recall that? 22 A I recall many discussions. 23 Q Okay. 24 the courtroom were the attorneys and the parties? 25 were no witnesses, no family members, no media; do you And then at the end of the day, the Court had At the end of the day when the jury was gone Do you And do you recall that the only persons in There 33 1 recall that? 2 A I guess I very vaguely. 3 Q Do you recall at the end of the hearing when the 4 Judge put in what defendants had offered, that indicated 5 to the Court that I requested that that transcript be 6 sealed and the Court said he would; do you recall that? 7 A 8 apologize. 9 Q Without reviewing a transcript itself, I don't. I Oh, okay. 10 You had some discussions with the Windsor 11 Star, correct? 12 A Correct. 13 Q Have you read their article? 14 A I have read it, yes. 15 Q Okay. 16 A No, they may have. 17 Q I will show you Exhibit Number Three, and go ahead 18 and take a look at it and see if they accurately quoted 19 you. 20 A 21 know topics we spoke about, though. 22 Q 23 you questions about the resolution of the case, correct? 24 A 25 more. Did they accurately quote you? I don't recall my conversation verbatim with -- I Okay. Certainly, the Windsor Star reporter asked I'm sorry. I'm just going to look through this some 34 1 Unless I'm not -- I don't see anything 2 about the resolution of the case in here. 3 Q Okay. I don't know if that was my question. 4 I asked you if they accurately quoted you. 5 THE COURT: 6 I don't think that was the question you asked him. 7 THE WITNESS: 8 THE COURT: 9 10 No, not -- You asked him that earlier, but not -- that was not the question that was just presented to him. 11 MR. SEWARD: Okay. 12 BY MR. SEWARD: 13 Q Well, did they accurately quote you in the article? 14 A I mean, without recalling what I had said verbatim 15 exactly the conversation I had with him, the topics I 16 remember and it's quite possible that they did. 17 Q 18 you would liked to have gotten an apology; do you see 19 there? 20 A Yes. 21 Q Okay. 22 resolution of the case, didn't it? 23 A 24 resolution. 25 Q Now, in the middle of page two, it talks about how Now, that came up in discussing the I believe -- that doesn't actually dictate any Sir, please listen to the question that I'm asking. 35 1 MR. ROBINSON: Your Honor, I think he 2 answered the question, Your Honor, and now he's arguing 3 with the witness. 4 5 MR. SEWARD: as unresponsive to the question that I asked. 6 7 THE COURT: 10 I'm not going to find it unresponsive. 8 9 I move to strike his answer MR. SEWARD: Okay. BY MR. SEWARD: Q Sir, the discussion about you wanting an apology -- 11 THE COURT: The premise of the question is 12 that he had a discussion with the reporter regarding the 13 resolution of the case. 14 told you that he had a discussion with the reporter 15 regarding the resolution, what in his mind was the 16 resolution of the case. 17 BY MR. SEWARD: 18 Q 19 not go forward, correct? 20 A That's correct. 21 Q Okay. 22 signed by many persons including yourself, correct? 23 A That's correct. 24 Q Okay. 25 I'm referring to, the fact that the trial ended because And I don't know that he has The resolution of the case means that the trial did And that came about because of an agreement So when I talk about resolution, that's what 36 1 the party signed that preliminary agreement; is that okay 2 with you? 3 A Yes. 4 Q Okay. 5 Windsor Star reporter, correct? 6 A I did. 7 Q Okay. 8 about wishing you had an apology was in response to some 9 discussions, questions, answers talking about -- And so in -- you had discussions with the And the discussions that generated this quote 10 THE COURT: Mr. Seward, just so I can 11 understand pursuant to Rule 611, is it now your position 12 that Exhibit One is a preliminary agreement? 13 14 MR. SEWARD: If the Court looks at -- 15 THE COURT: 16 MR. SEWARD: 17 Oh, absolutely, Your Honor. So it's changed again? No, it's never changed, Your Honor. 18 THE COURT: 19 MR. SEWARD: Okay. Fine. Go ahead. Okay. 20 BY MR. SEWARD: 21 Q 22 about when there was talk, conversation about how the 23 case ultimately settled -- 24 25 Now, the discussions that generated the quote came THE COURT: You know what, Mr. Seward, this is a hearing for placement of an order. This is not 37 1 cross-examination during the course of a trial. 2 to the chase and ask the questions that are relevant to 3 the issues in front of us, okay? 4 MR. SEWARD: Just cut I'm trying to, Your Honor. 5 BY MR. SEWARD: 6 Q 7 they came about in him asking you about the resolution of 8 the case, correct? 9 A No. 10 Q He didn't ask you about "would you want something 11 more, were you completely satisfied with the way the case 12 was settled"? 13 A I don't remember specifically what he asked me. 14 Q Well, that's why I said conversations, discussions, 15 talking. 16 verbatim. 17 mouth to the effect of an apology, the discussion was 18 about how the case settled, correct? These discussions that you had with the reporter, Because I wasn't trying to say that it was But that was when these words came out of your 19 THE COURT: Wait. That question is not 20 intelligible. 21 resolution of the case with the reporter from Windsor 22 Star. 23 He just told you he did not discuss the Okay. 24 BY MR. SEWARD: 25 Q So what's your next question? The context in which you made talked about an 38 1 apology was in response to some discussions about what 2 you would have liked in addition to in regards to the 3 settlement; isn't that true? 4 THE COURT: I don't understand your 5 question. 6 BY MR. SEWARD: 7 Q Do you understand my question, sir? 8 A It was in regards to how I felt about the entire 9 issue. 10 Q And did it focus on, when this came up, about the 11 settlement, that it would have been nice to also have a 12 -- an apology? 13 THE COURT: Can you ask him a direct 14 question? 15 would be nice to have an apology from the defendants; is 16 that what you're asking him? 17 18 Are you asking him did he tell the reporter it MR. SEWARD: In regards to discussions about the settlement. 19 THE COURT: I'm asking that your questions 20 be focused and directed to the issues extant in this 21 hearing. 22 23 MR. SEWARD: germane to these issues. 24 25 And I believe this is very THE COURT: Judge. Well, you know what, I'm the I've got to make the decision. Okay? 39 1 BY MR. SEWARD: 2 Q So can you answer my question, sir? 3 THE COURT: I want you to rephrase it. 4 BY MR. SEWARD: 5 Q 6 words to the effect that you would like an apology, that 7 came about when you had discussions with him about the 8 settlement that you would have like to have in addition 9 an apology? 10 11 12 13 A The discussions in regards to where you said the No, we weren't discussing -THE COURT: Just so the record is clear, this is a search for the truth, Mr. Seward. Are you asking him whether or not he 14 discussed the settlement with the reporter; is that what 15 you're asking him? 16 MR. SEWARD: 17 That's not quite correct. 18 THE COURT: Not -- no, Your Honor. 19 Then pursuant -- then I'm not going to allow the question under Rule 611. 20 MR. SEWARD: 21 THE COURT: What I'm asking is -I've made my ruling. Ask your 22 direct question. 23 going on and on, off on a tangent, examine, cross-examine 24 this witness as to the issues extant in this hearing. 25 We're not going to sit here all day MR. SEWARD: Well, as I understand, there 40 1 is a -- 2 THE COURT: 3 MR. SEWARD: I'm not debating you. I just want to let the record 4 reflect that there -- the material -- the material terms 5 of the contract, there is a significant dispute between 6 the parties as to what those are and whether they've been 7 met or breached. 8 9 10 THE COURT: right. You can then -- that's -- but as to this witness, ask him direct questions regarding the issue. 11 12 You know what, you may be MR. SEWARD: And that's what I'm trying to do, Your Honor. 13 THE COURT: Okay. Mr. Seward, I'm giving 14 you a warning. Keep it relevant, keep it direct. We're 15 not going to be here all day. 16 opportunity to present your position. 17 briefs, extensive briefs. 18 limited questions. 19 hour or two hours on this -- on this issue with the 20 newspaper. 21 the resolution of the case with him. 22 what he said to the reporter, which I think he's already 23 attempted to ask. 24 BY MR. SEWARD: 25 Q I'm giving you the You filed the Ask this witness direct, We're not going to bandy about for an He told that in his mind he did not discuss You can ask him When this -- when the words that came out about the 41 1 apology, what had the reporter asked you? 2 A I don't recall. 3 Q Was he talking about something, an additional item, 4 thing that you would like in regards to the settlement? 5 A 6 about the issue. 7 Q What was the issue? 8 A Six years of drama, stress. 9 Q And was the discussion also, and that it would have I believe we were simply talking about how I felt 10 been nice, in addition to whatever money you were to 11 receive -- 12 A No. 13 Q -- that you would have gotten an apology? 14 A In that respect, no. 15 Q What do you mean "in that respect, no"? 16 A Well, like I said, I would have loved an apology, 17 but that was simply in regards to how I felt about many 18 years of stress. 19 with the resolution of the case itself. 20 Q 21 resolution of the case is. You and I, we have a difference as to what the 22 23 MR. ROBINSON: Judge, that's not a question. 24 25 But not having anything at all to do THE COURT: You're right. BY MR. SEWARD: 42 1 Q What I'm asking you is, though, when the discussion 2 about the -- 3 4 THE COURT: pursuant to 611? 5 6 Do you have any questions to this witness regarding the material terms? 7 8 MR. SEWARD: I believe that this goes to the material terms. 9 10 Can I ask you a question THE COURT: No, you're going to the breach. 11 MR. SEWARD: 12 THE COURT: Pardon me? Do you have any questions as 13 to material terms of the contract? Why don't you ask him 14 that first and that -- pursuant to 611, and then whether 15 or not there was a breach. 16 MR. SEWARD: I'm sorry. I'm missing what 17 the Court is trying to tell me when you say "ask him 18 questions about the material terms." 19 THE COURT: 20 MR. SEWARD: 21 I don't understand what the Court is trying to tell me. 22 THE COURT: 23 MR. SEWARD: 24 THE COURT: 25 You don't -- Fine. Okay. You don't understand what I'm saying, that's fine. 43 1 MR. SEWARD: 2 THE COURT: 3 Thank you, Your Honor. MR. SEWARD: That's your position. Okay. 4 BY MR. SEWARD: 5 Q 6 when you had your discussions with Mr. Egan of the 7 Detroit News? 8 A I don't believe so. 9 Q Were you present when Mr. Robinson had his Was Mr. Ryan -- or excuse me, Mr. McGuire present 10 discussions with the Detroit News? 11 A No. 12 Q How did this discussion with Mr. Egan take place? 13 A What do you mean exactly, how? 14 Q Where and when? 15 A Just outside of the courtroom. 16 Q Okay. 17 Miller were not present? 18 A I stepped aside with him. 19 Q Pardon me? 20 A It was just him and I speaking. And Messrs. McGuire and Robinson and Ms. 21 THE COURT: Are you -- mean Mr. Egan? 22 THE WITNESS: Yes. Sorry, Mr. Egan. 23 BY MR. SEWARD: 24 Q So the -- how close was the group? 25 A I don't know. 44 1 Q In eyesight? 2 A No, not for me. 3 Q If you looked around -- 4 A I was facing -- I mean, I don't have a directional 5 here, but I was facing the opposite way from the group. 6 Q 7 the -- the group was within what, ten, fifteen feet? 8 A 9 towards them. Okay. But if you would have turned around towards I, honestly, I have no idea. I wasn't looking I don't know where they were standing. 10 They could have been walking around, standing, I don't 11 know. 12 Q Was it right outside this courtroom? 13 THE COURT: Okay. He already told you it 14 was outside the courtroom and he already told you he 15 didn't know how long -- how far away they were. 16 been no allegation that Mr. McGuire spoke to anybody, 17 disclosed any terms of any purported settlement or not. 18 BY MR. SEWARD: 19 Q Did you see Mr. McGuire speaking with Mr. Egan? 20 A No. 21 Q Did you see Mr. Robinson speaking with Mr. Egan? 22 A At what point in time? 23 Q Any time after the case was settled? 24 A No. 25 MR. SEWARD: Thank you. There's I have no other 45 1 questions. 2 3 THE COURT: All right. Mr. Robinson, any redirect? 4 MR. ROBINSON: 5 Just briefly, Your Honor. REDIRECT EXAMINATION 6 BY MR. ROBINSON: 7 Q 8 Star, correct? 9 A That's correct. 10 Q And did you also read in the Windsor Star that the 11 chief of police, Christopher Jenke* had also made a 12 comment about this case? Mr. Ryan, you've read the article in the Windsor 13 14 MR. SEWARD: Object as to the foundation. He wouldn't have been present. 15 THE COURT: 16 MR. SEWARD: Excuse me? If he's asking about comments 17 about what Chief Jenke may have said, I object to that on 18 the basis that he would not have foundation of that. 19 THE COURT: I think he just asked him if 20 he read the comments of an exhibit that's already -- just 21 read an exhibit that's already in evidence. 22 MR. SEWARD: I understand that, Your 24 THE COURT: So what's your objection? 25 MR. SEWARD: 23 Honor. I'll withdraw my objection. 46 1 THE COURT: Thank you very much. 2 BY MR. ROBINSON: 3 Q You read the comments, correct? 4 A Correct. 5 Q Okay. 6 agreement that was signed August the 19th, 2009, the 7 second paragraph that I think you read, "if asked," were 8 you relating "if asked" back to the amount of the 9 settlement? And with respect to the language in the 10 A I'm sorry, can you -- 11 Q In the agreement that you signed on August 19th, 12 2009, do you have that in front of you? 13 A Yes. 14 Q See the second paragraph, or whichever paragraph it 15 is, it says "if asked" all anyone can say? 16 A That's correct. 17 Q And were you relating that "if asked" back to the 18 amount of the settlement? 19 A Yes. 20 Q Did you indicate to both Mr. Egan and to the Windsor 21 Star reporters if asked the question the amount of the 22 settlement that you couldn't disclose that? 23 A That's correct. 24 Q Okay. 25 responsibility under the agreement that you signed, and Did you understand that that was your 47 1 that was limited to you could not reveal to them the 2 amount of the settlement? 3 A Yes, that's correct. 4 Q And did you reveal to them the amount of the 5 settlement? 6 A No. 7 Q In talking about your feelings to the reporters with 8 respect to an apology or anything else you said, did you 9 feel that that was violating the terms of any 10 confidentiality agreement? 11 A No, absolutely not. 12 MR. ROBINSON: 13 THE COURT: 14 MR. SEWARD: 15 Okay. Thank you. Recross. Thank you. RECROSS-EXAMINATION 16 BY MR. SEWARD: 17 Q 18 after the Detroit News article had been published; isn't 19 that a true statement? 20 A Did the discussions with the Windsor Star took place That's correct. 21 MR. SEWARD: 22 THE COURT: 23 very much. 24 25 Thank you. Okay. Mr. Ryan, thank you You may step down. THE WITNESS: Thank you. Leave these there? 48 1 2 THE COURT: right. 3 Yes, leave them there. All Next witness. MR. ROBINSON: Your Honor, I'm just going 4 to ask that -- we don't have any other witnesses. 5 McGuire, again, has not made any comments -- 6 THE COURT: 7 Mr. allegation that Mr. McGuire breached -- 8 9 I understand there's been no MR. ROBINSON: We don't have anything else, Your Honor. 10 THE COURT: 11 MR. SEWARD: All right. Mr. Seward? Your Honor, well, at this 12 time we move to dismiss and have the Court rule in 13 defendants' favor. 14 Plaintiff is the moving party and has the 15 burden of proof in this case that there has been -- what 16 the material issues and the breach. 17 established that -- he has not met his obligations under 18 that. 19 argument, but he hasn't submitted the proofs to support 20 what the material issues are, because clearly the 21 agreement says "if asked, all that anyone can say is that 22 the case has been --" 23 24 25 He has not He's got the settlement and he's made the THE COURT: Can I interrupt? I apologize, because I do have a question for you. Ryan testified that he was not paid, if I 49 1 recall correctly, and I think that's in my notes. 2 that not -- I mean, there is arguably testimony of a 3 breach, or how is that not evidence of a breach? 4 THE COURT: Okay. Is The issue before the -- 5 I'm not discuss -- I'm not disputing that he has not been 6 paid. What I am suggesting to the Court -- 7 THE COURT: Is establishing -- is your 8 position -- and I don't mean -- I apologize. 9 to understand the argument. I just want Your understanding that your 10 position is that the material terms have not been 11 established; is that correct? 12 MR. SEWARD: What I am saying is that his 13 opinion as to what the material terms are certainly not 14 binding upon this Court, because the document itself is 15 before the Court. 16 things. 17 So what I am suggesting is a couple of First of all, with the exhibit agreement 18 Number One, the Court is going to make a ruling as to 19 what the material terms are. 20 that in the second paragraph where it says, "If asked, 21 all anyone can say is the case has been resolved," that 22 is a material issue. 23 was something that was negotiated. 24 that when he talked with the Detroit News the day of the 25 settlement he made those certain words. I'm submitting to the Court He has -- he has recalled that that He has acknowledged And I would 50 1 submit to the Court that that constitutes a breach if 2 they have not adequately explained. 3 was proper is not binding upon the Court. 4 His belief that it Second of all, the other sentence in 5 agreement two -- or agreement one, paragraph two, is that 6 there would be subsequent documents exchanged dealing the 7 confidentiality agreement. 8 been drafted, prepared nor signed. 9 And those document have not So therefore, they have established that 10 there has been -- that there is an obligation to move 11 forward on that. 12 any other proofs, the Court is left with a question. 13 it's their obligation to persuade the Court. 14 And since plaintiff has not submitted But Likewise, with Mr. McGuire, although there 15 are no allegations yet, they have not submitted any 16 proofs. 17 18 THE COURT: check something out. 19 Hold that thought. Okay. I need to I need a break. (Brief pause in proceedings) 20 THE COURT: Mr. Seward, I'm trying to 21 understand. Are you telling me that you don't want to 22 call any witnesses or are you bringing -- is that what 23 you're -- 24 MR. SEWARD: Oh, absolutely not. 25 Your Honor, I'm -- absolutely not, Your Honor. 51 1 2 THE COURT: Okay. Are you making a motion based upon the proofs so far? 3 MR. SEWARD: Yes. 4 THE COURT: Okay. I am -You didn't -- you just 5 started -- maybe I missed something. 6 motion to -- 7 MR. SEWARD: So your -- it's a It's at this point just to 8 the Court -- or ask the Court to rule based upon what 9 plaintiff has not presented and based upon the order of 10 the Court that plaintiff has not established a right to 11 recover -- a right to enforce the settlement agreement. 12 Although we have the terms of the settlement agreement in 13 front of the Court and plaintiff has the burden of 14 establishing that the terms of the agreement, plaintiff 15 has not presented evidence to counter as to the breach -- 16 what are the terms of the agreement and whether they have 17 breached. 18 19 20 21 THE COURT: MR. SEWARD: So you're I believe under -- is it Rule 50 that we're asking for a -THE COURT: 23 MR. SEWARD: 25 All right. -- any particular rule or any case? 22 24 Okay. Okay. Rule 50? I believe so. I think it applies to more than just trials. THE COURT: Okay. And so your position in 52 1 this motion is plaintiff has not established the terms. 2 3 MR. SEWARD: Oh, no. We have two responses to that. 4 THE COURT: No -- 5 MR. SEWARD: Yes. 6 THE COURT: 7 MR. SEWARD: But I'm trying to understand your motion. 8 I apologize. My motion is to -- right now 9 without defendants submitted -- going forward on their 10 portion of the evidentiary hearing, rule that plaintiff 11 has not met their burden under the motion that they 12 brought to establish a right to enforce the settlement, 13 which in their position is simply the payment of the 14 monies that is talk about in agreement -- in Exhibit 15 Number One. 16 THE COURT: 17 MR. SEWARD: 18 THE COURT: 19 How so? Plaintiff has not established a right to payment. 20 MR. SEWARD: 21 THE COURT: 22 MR. SEWARD: 23 THE COURT: 24 MR. SEWARD: 25 How so? Because -That's your motion, right? That is our motion. Okay. It's two-fold. has multiple arguments to it. Two-fold. And one part One, that they 53 1 haven't established they did not breach material terms of 2 it. 3 meeting of the minds that there was not a fulfillment of 4 an agreement. And the other argument is that there was not a 5 This was preliminary. Now, as to the material terms of the 6 agreement. There are two paragraphs. Certainly one 7 talks about the payment of monies, but the second 8 paragraph talks about what could be said in regards to 9 the settlement. And clearly Mr. Ryan has admitted to 10 this Court that subsequent to signing the agreement, he 11 told Mr. Egan words more than " the case has been 12 resolved." 13 breach is not binding upon the Court, because the Court 14 has the agreement in front of him. His opinion that that does not constitute a 15 Second of all, although there's no 16 allegations that Mr. McGuire is the one who made the 17 words or said the words "six-figure settlement," it's 18 plaintiffs' burden of coming forward and they have not 19 elicited any testimony, and admissible testimony of Mr. 20 McGuire. 21 because they are the moving party. 22 obligation of coming forward and introducing evidence to 23 that effect. 24 25 So it's not our obligation to show that he did, They have the They have not done so. So we -- and as to the statements in the Windsor Star, Mr. Ryan has acknowledged that that 54 1 interview occurred after the Detroit News article was 2 published. 3 him the day before to the extent that there is an 4 agreement as to what the breach -- what the material 5 terms are, "All you can say is." So therefore, we already have the breach by 6 THE COURT: 7 MR. SEWARD: Okay. Now, the second part of 8 argument is that obviously, there has not been a meeting 9 of the minds that this was preliminary agreement, because 10 the second sentence of the second paragraph clearly 11 indicates that there was going to be subsequent documents 12 that were going to be prepared, discussed and executed 13 which specifically talk about the terms of the 14 confidentiality agreement. 15 That has not taken place. 16 THE COURT: 17 MR. SEWARD: He admitted it. Okay. There is no indication and 18 there's no evidence as to whose obligation it was. 19 best, what the Court and anyone can glean from that is 20 that was going to be a joint effort. 21 At And there's been absolutely no testimony, 22 no evidence that anything was ever presented to the 23 defendants or to the plaintiffs in regards to that 24 subsequent agreement. 25 before there's going to be any payments of money. That is definitely a precondition So 55 1 plaintiff has woefully failed in any evidence to satisfy 2 the agreement, which is reflected in Exhibit One. 3 that's our argument. 4 5 THE COURT: All right. Mr. Robinson. 6 7 Okay. So MR. ROBINSON: Ms. Miller is going to handle this, Your Honor. 8 MS. MILLER: 9 THE COURT: 10 MS. MILLER: Good morning, Your Honor. Good morning. The parties have briefed a 11 myriad of issues in this case on a number of occasions. 12 I will try not to belabor the points any long than 13 necessary. 14 As a preliminary matter, Mr. Seward 15 misrepresented to this Court that Mr. Ryan admitted that 16 he spoke with Mr. Egan subsequent to entering into the 17 settlement agreement. 18 I believe Mr. Ryan's testimony was that he 19 spoke with the Windsor Star subsequent to the agreement 20 and that any conversations with Mr. Egan were prior to. 21 Just a point of clarification. 22 23 24 25 This Court directed the parties in his order for show cause -THE COURT: focused on his argument. You know what, you need to be Okay. And as I understand his 56 1 argument, there was no breach of the material terms that 2 the confidentiality agreement was breached by your 3 client. 4 need testimony from Mr. McGuire who is not present here 5 today with respect to the establishment of the existence 6 of the agreement, the terms of the agreement. 7 subsequent release and settlement agreement was a 8 precondition of the payment of any -- or I should say the 9 execution of a settlement and release agreement was a There was no meeting of the minds, and that you 10 precondition to the payment of any monies. 11 MS. MILLER: And that a Well, Your Honor, that was 12 not anywhere within the four corners of the settlement 13 agreement. There were no preconditions to anything. 14 Meeting of the mind is apparent when Mr. 15 Jenke went and made statements to the press as well. 16 Clearly, his understanding was the same as Mr. McGuire's 17 and Mr. Ryan's. 18 the dollar amount of the settlement, and that particular 19 dollar amount, the figure itself would not be disclosed. 20 21 22 23 There was a meeting of the minds as to THE COURT: Mr. Jenke's statements are in MS. MILLER: Defendants' Exhibit Two, I exhibit what? believe, the Windsor Star article. 24 THE COURT: 25 MS. MILLER: All right. Thank you. Go ahead. The meeting of 57 1 the minds were clear that the material terms of the 2 agreement were the dollar amount and the confidentiality 3 of the dollar amount. 4 case is resolved with the understanding as all the 5 signatures to the agreement had. 6 Mr. Jenke went beyond saying the The only thing to remain confidential were 7 the terms of the settlement agreement. 8 settlement agreement were the dollar figure. 9 The terms of the That's been proven by the exhibits. 10 That's been proven by the testimony. I don't believe 11 it's fair for defendant say that we have a burden to 12 disprove a purported breach which has not been proved in 13 the first instance. 14 Do you have any questions? 15 THE COURT: 16 MR. SEWARD: No. Anything further? Yes, Your Honor. First of 17 all, I don't believe there -- I think Mr. Ryan clearly 18 said that the statements with Mr. Egan occurred after the 19 resolution of this case. 20 testimony that he said it beforehand. 21 It's clear there was no As to what Mr. Jenke may have been quoted 22 as saying, it's clear that that evidence before the Court 23 is that there was already the breach, the breach being 24 the Detroit News article which occurred the day before. 25 At that point, the law, I believe, is quite clear that we 58 1 have the right to rescind. The agreement's been 2 breached. 3 Mr. Jenke's statements can be considered to be a breach, 4 they occurred subsequent to their breach. We have no obligation to go forward. So if 5 As to say there's preconditions, the last 6 phrase of the agreement, which has been marked as Number 7 One says, quote, "Instead the parties and representative 8 will sign an agreement which will set forth the specific 9 terms of a confidentiality agreement. 10 11 That clearly contemplates further documents. Could not be more clear. 12 Thank you. 13 THE COURT: 14 15 Okay. at Rule 50 for a quick minute. I want to take a look I'll be right. (Brief pause in proceedings) 16 THE COURT: Okay. The authority cited to 17 me is Rule 50. I'm not sure Rule 50 -- I'm saying I'm 18 not sure Rule 50 is the appropriate rule. 19 understanding of the law is that the plaintiff has the 20 burden of establishing an agreement as well as a breach. 21 Has established an agreement as well as that there's been 22 a breach by the defendant of that agreement. My 23 So what I'm going to do is I'm going to 24 order this transcript of Mr. Ryan's testimony before I 25 make any ruling. Because I want to be absolutely clear, 59 1 and have had the opportunity to review Mr. Ryan's 2 transcript as well as the exhibits. 3 So what I'll do right now is I'm going to 4 take the motion under advisement. 5 based upon the evidence presented to me up to this point. 6 All right. 7 The ruling will be Again, the ruling will be based upon the 8 evidence presented up to this point. 9 agreeable to the parties. And if that's And Mr. Seward, do you wish to 10 present a case? Again, the ruling will be based upon the 11 evidence presented to me up to this point. 12 MR. SEWARD: Okay. With that 13 understanding, then yes, we would like to present 14 evidence assuming the Court is going to deny that motion. 15 16 17 THE COURT: Is that the procedure agreeable to you, Mr. Robinson? MR. ROBINSON: We certainly would contend, 18 Your Honor, that if Mr. Seward does put on a case, that 19 we -- that our evidence presented through their witnesses 20 has to be germane to the whole issue of whether or not -- 21 what the material terms are. 22 cross-examine his witnesses, Your Honor. 23 procedurally, -- 24 THE COURT: 25 MR. ROBINSON: We still have the right to Just Did you not hear my question? I did, Your Honor. I did, 60 1 Your Honor. 2 Yes. 3 THE COURT: 4 So procedurally agreeable to you; is that correct? 5 MR. ROBINSON: 6 THE COURT: 7 MR. SEWARD: It is, Your Honor. Agreeable to you? I thought I expressed my -- 8 that it's worth going forward presuming the Court is 9 going to deny the motion at that point. 10 THE COURT: Right. Is the procedure 11 agreeable to you that I will make a ruling based upon 12 your motion and the evidence I will consider is only the 13 evidence presented to me up to this point. 14 MR. SEWARD: 15 THE COURT: 17 Okay. 19 With that understanding, yes. 16 18 Right. All right. Very good. Mr. Seward, I assume you have witnesses? MR. SEWARD: Yes, we do, Your Honor. Just 20 so the record is clear, I know the Court's ruling. But I 21 just want to preserve the record. 22 be Jennifer Hernandez. 23 to put a proffer, proof and just so the record is clear 24 that I would expect her to testify that she had some 25 conversations with me. My first witness would And we've indicated -- I'd like That I was visibly upset. That I 61 1 expressed my upsetedness if that is a word. 2 reason for being upset was the discussions by plaintiffs' 3 contingencies with Mr. Egan and that I want to bring it 4 up to the Court's attention, because I felt that that was 5 -- that I want to discuss that and what impact that would 6 have on the settlement or non-settlement of the case. 7 That is what we would proffer Ms. Hernandez' testimony 8 would be. 9 THE COURT: Okay. 10 MR. ROBINSON: 11 THE COURT: 12 No, Your Honor. Do you have any objection to MR. ROBINSON: Honor. THE COURT: asking. It's his proffer, Your We would -- don't agree with it. 15 16 Any objection to that? the proffer? 13 14 That the Fine. But -- That's what I was Okay. 17 MR. SEWARD: Our second witness would, in 18 fact, be this Court. 19 Court is its recollection of both the Tuesday before -- 20 the last Tuesday, I think it's the 18th where we had some 21 discussions -- 22 23 And what we would proffer to this THE COURT: I don't even think you can make a proffer. 24 MR. SEWARD: 25 THE COURT: Pardon me? I don't even think you can 62 1 make a proffer. 2 3 MR. SEWARD: Well, if the Court's telling me I can't, then I will stop. 4 THE COURT: 5 know that you can. 6 Based upon the ruling, I don't can? 7 Do you have some authority that you MR. SEWARD: I'm just trying to protect 8 the record as to what the Court would expect it to be 9 testifying to. 10 If the Court's telling me that I cannot, then I will proceed. 11 THE COURT: 12 MR. ROBINSON: 13 speculation, Your Honor. 14 Any objection to the proffer? Well, that would be is going to testify to? 15 16 17 How can he say what the Court THE COURT: All right. Go ahead and make a proffer. MR. SEWARD: Thank you. My proffer would 18 be that we had some discussions on the record after trial 19 ended that the Court was in a position to see that Mr. 20 Egan was not present in the courtroom when we had these 21 discussions, and that, in fact, I made a request that 22 those discussions in that transcript be sealed, and the 23 Court granted it. 24 Then as to Wednesday -- 25 THE COURT: So just so the record is 63 1 clear, my -- the Court's testimony would be what? 2 MR. SEWARD: The Court's testimony is that 3 (a) we had discussions after trial had ended on Tuesday. 4 That the Court discussed the relative settlement 5 positions of the parties. 6 plaintiff demanded X. 7 Court is ordering Mr. Gillam and Mr. Duffy to be present 8 the next day, which was Wednesday the 19th. 9 had asked the Court to place this transcript under seal, I believe the Court said that Defendants have offered Y. The And that I 10 and the Court agreed. And that when the Court made that 11 -- we had that hearing or discussion, that Mr. Egan was 12 not present in the courtroom. 13 THE COURT: Okay. 14 MR. SEWARD: 15 The next proffer would be that the Court Then -- may I proceed? 16 had discussions in chambers and was present during the 17 discussions in chambers. 18 discussing what I had seen. 19 that the Court heard that Ms. Racine at one point said, 20 "Can we say that it was resolved in plaintiffs' favor." 21 That Mr. Robinson said, "Well, of course, we can say 22 that. 23 response is that is not appropriate referencing the 24 handwritten agreement that said "all you can say is the 25 case has been resolved." When I came back to the Court And the proffer would be How else could a case be resolved." And that my That we had further discussions 64 1 that if we couldn't agree as to those terms, that I 2 wanted to proceed with trial. 3 parties to draft the confidentiality agreement -- 4 5 THE COURT: break. You know, we need to take a Okay? 6 MR. SEWARD: 7 Okay. (Brief pause in proceedings) 8 9 That the Court urged the THE COURT: Did you make a request to make a proffer during the course of this trial? You had the 10 ruling from me regarding your request for me to testify 11 as a witness in court. 12 about I think close to a month on that issue. 13 ever made a request for a proffer. 14 have. 15 testimony and all the rest of it well in advance of this 16 hearing. 17 requested the opportunity to make a proffer. 18 You've had a ruling since -- for Have you I don't think you And I request all witnesses and description of the But I don't have any information that you ever MR. SEWARD: Okay. Until the Court rules 19 that it denied our motion for reconsideration, I don't 20 know that the time to make that proffer had come up. 21 think this is the first opportunity to do so. 22 indicate that our witness list clearly indicated that the 23 Court was going to be called as a witness. 24 THE COURT: 25 MR. SEWARD: I I do Pardon me? Our witness list clearly 65 1 indicates that the Court was going to be called as a 2 witness. 3 THE COURT: But you've had an order for a 4 long period of time that the Court was not going to 5 testify in this matter. 6 proffer. 7 your case. Okay. 8 9 So there's been no request for a Until you started the presentation of Now, I'm the fact finder, as you know. And the fact finders don't hear proffers. They're done 10 out of the presence of the fact finder. 11 going to do is I'm going strike your proffer as to Ms. 12 Hernandez. 13 So what I'm I'm going to strike your proffer as to me. You need -- unless you have some authority 14 that proffers are heard in front of fact finders. 15 They're not, correct? 16 MR. SEWARD: At this point, I cannot cite 17 any case, any statute or any court rule dispositive as to 18 the issue on either side of it. 19 THE COURT: Well, you know, so I'm going 20 to strike the proffer. I'm not going to consider -- 21 obviously, I've not considered the proffer. 22 want to hear the proffer. 23 MR. SEWARD: 24 THE COURT: 25 And I don't Okay. So now you have to know -- you've got to look at what alternatives are available to 66 1 you since I'm not going to hear the proffer for obvious 2 reasons, because it is not, will not, cannot be evidence 3 that I consider. So I don't want to hear it. 4 MR. SEWARD: 5 THE COURT: I understand. So you need to see what your 6 options are available. 7 proffer presented sometime to another judge, the chief 8 judge. 9 know that I believe it would be inappropriate for me to 10 hear a proffer, therefore, I'm going to strike the two 11 proffers. I don't know what the answer is right now. But I Okay? 12 13 Whether the option is to have the MR. SEWARD: Yes. In regards to my next options -- 14 THE COURT: 15 MR. SEWARD: Next witness. Well, I would like to make 16 two motions. 17 reconsider its decision to refuse to testify. 18 if the Court is inclined not to grant that motion, the 19 Court knows that we filed a writ of mandamus -- 20 First of all, I would ask the Court to THE COURT: And then Mr. Seward, please don't try 21 my patience. 22 issued in the middle of this proceeding. 23 MR. SEWARD: 24 25 I'm not revisiting orders that I've already Well, Your Honor, I'm just asking that there be a stay -THE COURT: Next witness. 67 1 2 MR. SEWARD: We would call Racine Miller to the stand. 3 4 Thank you, Your Honor. THE COURT: Ms. Miller, could you give us your full name, please? 5 MS. MILLER: Racine Michelle Miller. 6 7 8 9 10 ******************************. 11 12 13 RACINE M. MILLER, DEFENDANTS' WITNESS, SWORN 14 DIRECT EXAMINATION 15 BY MR. SEWARD: 16 Q Do you mind telling us your name? 17 A Racine Michelle Miller. 18 Q You are a lawyer licensed by the State of Michigan? 19 A I am. 20 Q And you were present in Judge Cox's chambers on 21 Wednesday, August 19th, 2009, I believe it was sometime 22 in the afternoon? 23 A I was. 24 Q Okay. 25 overall resolution of the underlying matter, correct? And we were discussing at some point the * * * 68 1 A We were. 2 Q Isn't it true, ma'am, at one point some discussion 3 took place which prompted you to say these words "is it 4 okay" or "is it all right for plaintiff to say the case 5 has been resolved in plaintiffs' favor"? 6 A Words to that effect, I believe, yes. 7 Q And the response from myself was that all you can 8 say is the case has been resolved? 9 A I remember somebody responding. I don't believe it 10 was you and I don't believe it was the word "no." 11 Q Pardon me? 12 A I don't believe it was you and I don't believe it 13 was the word "no." 14 Q 15 effect "well, of course we can say that. 16 a case be settled unless it was resolved in plaintiffs' 17 favor"? 18 A Similar words to those effect. 19 Q And you don't -- and do you recall words to the 20 effect from me saying, "No. 21 has been resolved"? 22 A I remember you objected. 23 Q To what Mr. Robinson said? 24 A To what I had said. 25 Q Okay. Okay. Did you hear Mr. Robinson say words to the How else would All you can say is the case When you say "objected," what do you mean by * * * 69 1 that? 2 A 3 clear to me that you did not agree with what I said. 4 Q 5 resolved in plaintiffs' favor? 6 A That's correct. 7 Q Okay. 8 media? 9 A Did I make any statements to the media? 10 Q Did you talk to them at any point regarding the 11 settlement posture or position or offers of the 12 defendant? 13 A No. 14 Q Are you aware that there is a statement in the 15 Detroit News that someone said the case settled for a 16 six-figure settlement? 17 A I am aware of that. 18 Q Do you know who that person is? 19 A I do not. 20 Q Pardon me? 21 A I do not. 22 Q Do you know that it was not you? 23 A I know that it was not me. 24 Q Okay. 25 discussions about what plaintiff could say, could it be I don't remember specific words. Okay. Your demeanor was That plaintiff could not say it's been Now, did you make any statements to the Mr. Egan or anyone? Now, do you recall in chambers after the * * * 70 1 resolved in plaintiffs' favor, that there had been some 2 representations by Mr. Robinson and/or yourself that no 3 one from plaintiffs' side -- meaning plaintiffs or their 4 families or their attorneys -- has said anything to Mr. 5 Egan regarding the settlement position of the defendants? 6 A I don't remember that, honestly. 7 Q Okay. 8 in chambers about drafting a confidentiality agreement? 9 A Vaguely. 10 Q And do you recall that the Court was urging me to 11 fax over, e-mail our standard confidentiality agreement? 12 A Yes, I do. 13 Q Do you recall that Mr. Robinson said he did not want 14 to take up the time on that day to hash out, negotiate, 15 discuss the terms of that confidentiality agreement? 16 A I don't remember that. 17 Q Do you remember that it did not take place? 18 A Yes, I do. 19 Q Do you recall why? 20 A I do not. 21 Do you recall that there was some discussions MR. SEWARD: Thank you. 23 THE COURT: Mr. Robinson? 24 MR. ROBINSON: 22 25 I have no other questions. I don't have any questions, Judge. * * * 71 1 THE COURT: Ms. Miller, was there ever a 2 discussion of any gag order in discussions you had with 3 anybody? Was there ever a discussion of any gag order? 4 MS. MILLER: 5 THE COURT: I don't believe so, no. And was there ever discussion 6 that the plaintiffs could not discuss any aspect of the 7 case with the media? 8 MS. MILLER: 9 THE COURT: 10 No, Your Honor. Okay. Anything else? REDIRECT EXAMINATION 11 BY MR. SEWARD: 12 Q 13 One, agreement clearly indicates that the parties and 14 their representatives, we'll say, an agreement which set 15 forth the specific terms of a confidentiality agreement? 16 A I can't agree with you without seeing it, please. 17 Q I think the Court has -- Yes. Will you agree with me ma'am that the Exhibit 18 THE COURT: You know what, I believe I 19 took them all during the last break, and I'll put them 20 all back on the table. 21 All the exhibits that is. MR. SEWARD: 22 BY MR. SEWARD: 23 Q 24 Thank you. One. 25 I'm going to show you what's been marked Exhibit MR. SEWARD: * * May I approach? * 72 1 THE COURT: Yeah. 2 THE WITNESS: Thank you. 3 BY MR. SEWARD: 4 Q 5 agreement, particularly the last two lines, the last 6 paragraph of the agreement? 7 A Got it. 8 Q Okay. 9 specifically indicates that a -- the specific terms of a And tell me when you've had a chance to read the Will you agree with me that the agreement 10 confidentiality agreement were going to be drafted and 11 executed in a future time? 12 A That's not what this says. 13 Q Doesn't it say that they will -- the parties will 14 sign it, will sign an agreement which sets forth the 15 specific terms of a confidentiality agreement? 16 A That's what this document says. 17 Q Okay. 18 means that that would occur subsequent to the execution 19 of Exhibit One? 20 A Absolutely. 21 Q And you'll agree with me that there was going to be 22 the terms of a confidentiality agreement, correct? 23 A Yes, I do. 24 Q And your understanding of a confidentiality 25 agreement is that there is going to be in the agreement And you understand that obviously that phrase * * * 73 1 some -- in this contract some agreement between the 2 parties as what could or could not be said? 3 A That's what confidential means. 4 Q And the specific terms of what could or could not be 5 said has not been specifically addressed at any time; is 6 that true? 7 A That is untrue. 8 Q Okay. 9 or their attorneys could comment upon the wrongdoing of Was there any agreement that the plaintiffs 10 the defendants. 11 A There was no discussion about that. 12 Q So there was no agreement either, was there? 13 A There was no agreement as to what could or could not 14 be said about the case by the attorneys beyond the fact 15 that we could not disclose the terms of the settlement 16 agreement. 17 Q 18 say, "If asked, all anyone can say is the case has been 19 resolved," does it say it? 20 A That's what the document says, yes, it does. 21 Q And you understood that when you signed the 22 agreement, correct? 23 A Do you want to know what I understood that to mean? 24 Q No, you read that, correct? 25 A I did read that. Well, doesn't the first line of the second paragraph * * * 74 1 2 MR. SEWARD: Okay. Thank you. I have no other questions. 3 THE COURT: 4 MR. ROBINSON: 5 Okay. Mr. Robinson. I do. CROSS-EXAMINATION 6 BY MR. ROBINSON: 7 Q 8 mean? 9 A The phrase "if asked"? 10 Q Yes? 11 A "All anyone can say is case has been resolved"? 12 Q Yes? 13 A If asked about the dollar figure of the amount of 14 the settlement, that's what I understood that phrase to 15 mean. 16 Q Now, you're an attorney, correct? 17 A I am. 18 Q Now, do you know any legal term that you can define 19 to the Court that would give you that understanding? 20 A 21 statutory construction of ejusdem generis. 22 MR. SEWARD: 23 Ms. Miller, what did you understand that language to I do. There is a doctrine typically used in I object to this, Your Honor. It calls for conclusions of law. 24 THE COURT: 25 THE WITNESS: * Overruled. * The Doctrine of Ejusdem * 75 1 Generis stands for the proposition that where there is a 2 phrase of things, the generic or the general will follow 3 the specific. 4 specifically stated a dollar amount and was followed up 5 with "if asked, all anyone can say is case has been 6 resolved," I relate that phrase back to what was just 7 previously discussed, which was the dollar amount. 8 BY MR. ROBINSON: 9 Q Okay. With that in mind, where this agreement And you have studied this doctrine in law 10 school and as a lawyer? 11 A I have, yes, sir. 12 Q Did you breach any term of confidentiality with 13 regard to the four corners of the document that you 14 signed? 15 A No, sir. I did not. 16 MR. ROBINSON: Thank you. 17 THE COURT: 18 THE WITNESS: 19 THE COURT: 20 MR. SEWARD: 21 THE COURT: 22 Just so we understand, we're going to be Okay. Ms. Miller, thank you. Thank you. All right. Next witness? Mr. Robinson. Okay. Mr. Robinson. 23 breaking for lunch at 12:30. 24 Court will be available until about 2:30. 25 still not done, we're going up to Flint tomorrow and * * And then after that, the And if we're * 76 1 everyone is going to be there at 8:00, so make sure your 2 schedules are, if need be, adjusted. 3 4 MR. SEWARD: Because I've got -- So we break at 12:30 and we come back at what time? 5 THE COURT: Probably about 1:15. 6 MR. SEWARD: 7 THE COURT: Okay. And we'll go to 2:30. Two-thirty if necessary. And 8 if we don't conclude today, we're starting tomorrow in 9 Flint at 8:00 in the morning. And you will be there 10 until the hearing is concluded. 11 It's just that I have to go to Flint tomorrow to cover a 12 part of the Flint docket. 13 14 MR. SEWARD: Can I have your notepad, please? 15 MR. ROBINSON: 16 THE COURT: 17 18 19 20 If that's necessary. No. Oh, I'm sorry. Mr. Robinson, could you give us your full name for the court reporter? MR. ROBINSON: David Anthony Robinson. DAVID ANTHONY ROBINSON, DEFENDANTS' WITNESS, SWORN MR. SEWARD: I would request that you -- 21 that -- Your Honor, I make a request that the notepad not 22 be present with Mr. Robinson during his testimony. 23 THE COURT: 24 MR. SEWARD: 25 Why? Because I don't want him to refresh his memory or have him read from it, unless I be * * * 77 1 given an opportunity to look at it. 2 THE COURT: 3 notepad, yeah. 4 If he's going to refer to a If he's going to be using a notepad, sure you can look at it. 5 MR. SEWARD: 6 THE WITNESS: 7 I'm not going to be using a notepad, Mr. Seward. 8 9 Thank you. MR. SEWARD: Then I would ask that it not be present with him. 10 THE WITNESS: It's not bothering me or 11 it's not bothering you, Mr. Seward. 12 okay? 13 14 MR. SEWARD: It is bothering me. I make that request, Your Honor. 15 16 It's right here, MR. ROBINSON: Well, that's part of your problem, Mr. Seward. 17 THE COURT: 18 MR. ROBINSON: 19 THE COURT: 20 MR. SEWARD: 21 Okay. I'm sorry. It's just sitting there. Okay. DIRECT EXAMINATION 22 BY MR. SEWARD: 23 Q 24 telling us your name? 25 A Do you mind telling the members -- do you mind David A. Robinson. * * * 78 1 Q You're an attorney? 2 A That, I am. 3 Q Okay. 4 discussions regarding the resolution of this matter. 5 you hear Ms. Racine say the words, "Can plaintiff say the 6 case has been resolved in plaintiffs' favor"? 7 A I don't exactly remember what Ms. Miller said. 8 Q Do you recall that she said words to that effect? 9 A No. 10 Q Do you recall saying words to the effect, "At some 11 point, of course, plaintiff can say was resolved in their 12 favor. 13 A 14 can only say the case has been resolved. 15 that -- something to the effect of how that doesn't make 16 sense, because when you say it's been resolved, then 17 automatically it's been resolved in the favor of the 18 plaintiffs. 19 Q 20 that was not going to be acceptable to defendants? 21 A 22 only thing you could say is that the case has been 23 resolved. 24 Q 25 we could not agree to that that the trial should go Draw your attention the in chamber Did How else would a case get resolved"? I made a comment after you used the phrase about you Okay. My comment was That's the only thing I said. And do you recall hearing myself say that I believe you insisted on the language about the Thank you. Do you recall also me indicating that if * * * 79 1 forward? 2 A No. 3 Q Do you recall discussions with the Court regarding 4 what had been said by yourselves or the individual 5 plaintiffs or their family members to Mr. Egan prior to 6 the resolution being -- prior to that meeting. 7 A Say that one more time? 8 Q Pardon me? 9 A Ask that question again. 10 Q Let me try it again. 11 to the Court that I was very concerned about any 12 discussions that had taken place up -- prior to our 13 meeting in the chambers? 14 A 15 the plaintiffs or the parties -- I think you made 16 reference to the plaintiffs and what they had said 17 relative to resolution of this case before we entered 18 into the settlement or something like that -- or during 19 the settlement negotiations. 20 nobody had disclosed anything, Mr. Egan or anybody else. 21 Q 22 concerns that neither you, Ms. Racine, the plaintiffs, 23 had said anything up until that point to Mr. Egan 24 regarding any numbers? 25 A I don't understand. Do you recall that I indicated I think you mentioned something about whether or not And I had indicated that So you had made representations to me to relieve my Correct. * * * 80 1 Q Regarding the settlement? 2 A Correct. 3 Q And you also indicated to me that -- and to the 4 Court that the family members were unaware of the -- even 5 the relative numbers that we were talking about. 6 A 7 anything about family members. 8 Q 9 if someone were to give that testimony? 10 A I don't remember specifically what I said if I said Would you disagree that that conversation took place I just said I don't recall. 11 12 THE COURT: you handling Mr. -- 13 14 Are you representing -- are MS. MILLER: making an objection? 15 Yes, sir. Do I need to be I apologize. THE COURT: No, no, no. Sometimes -- I 16 just -- Ms. McLaughlin, I think, is going to handling Mr. 17 Seward. Are you handling Mr. Robinson? 18 MS. MILLER: 19 THE COURT: Yes, sir. Okay. 20 BY MR. SEWARD: 21 Q 22 the Court desiring a confidentiality agreement to be 23 presented right then and there? 24 A 25 requiring a confidentiality agreement right then and Do you recall conversations in chambers regarding I don't recall as you specific state the Court * * * 81 1 there, no. 2 Q 3 that the Court wanted me to get my standard 4 confidentiality agreement? 5 A No. 6 Q Okay. 7 saying can someone, whether it's myself or you, fax over 8 or e-mail a confidentiality agreement while we're there 9 to resolve the -- to get an agreement as to the 10 understanding what could or could not be said? 11 A 12 about a release agreement. 13 Q 14 terms of those release would be? 15 A The Court never discussed that. 16 Q Do you recall the Court indicating that it wanted 17 the actual documents, the final documents to be brought 18 over? 19 A 20 would be. 21 22 Well, do you recall conversations regarding the fact Do you recall any discussions about the Court The only thing I recall is that there was mention Okay. Do you recall the Court discussion what the Nobody discussed what the terms of that document MR. SEWARD: Exactly. Thank you. I have no other questions. 23 THE COURT: Ms. Miller? 24 MS. MILLER: Thank you. 25 CROSS-EXAMINATION * * * 82 1 BY MS. MILLER: 2 Q Mr. Robinson, how long have you been an attorney? 3 A Since 1986. 4 Q You've throughout the course of your career had the 5 opportunity to engage in numerous settlement 6 negotiations; is that correct? 7 A Hundreds. 8 Q Hundreds. 9 A I have. 10 Q And you ensure for your client and for yourself that 11 all of the material terms that you desire to agree to are 12 incorporated into the written agreement; is that correct? 13 A I make every attempt to do so. 14 Q Not all of the negotiations and discussions were 15 incorporated into the finalized written agreement, were 16 they? 17 A Into the agreement that was signed on the 19th? 18 Q Yes, sir. 19 A No, they weren't. 20 Q Were the material terms reduced to writing and 21 signed to? 22 A 23 the settlement was related in the terms of the document 24 and there was reference to some vague statement about 25 being asked about -- we don't know what that means "if You've drafted settlement agreements? Correct? The material terms as it relates to the amount of * * * 83 1 asked." So it relates back to the amount of the 2 settlement. 3 settlement has not been disclosed as I understand it. 4 And that as the material term of the document that was 5 signed on August the 19th, 2009. 6 Q 7 course of this litigation or afterwards did you waive 8 either yours or your client's first amendment right if 9 you were even able to do so? And to this day, the amount of the Thank you. Mr. Robinson, at any time throughout the 10 A A first amendment right is sacrosanct. 11 part of any discussion with regard to the resolution of 12 this case. 13 to monetary amount that came into play as a consequence 14 of Mr. Gillikin's expression of inconsistent testimony, 15 inconsistent position between Mr. Warner and himself, Mr. 16 Gillikin being a passenger on the recreational vehicle -- The resolution of this case was with regard 17 THE COURT: 18 something. 19 It was not I -- maybe I'm missing How is this germane to the issues before the Court? 20 21 MS. MILLER: I asked if he waived anyone's first amendment rights. 22 MR. ROBINSON: 23 MS. MILLER: 24 MR. ROBINSON: 25 Oh, no. Thank you. Certainly not my own. BY MS. MILLER: * * * 84 1 Q You signed an agreement that said the parties are to 2 keep the terms confidential. 3 terms to be? 4 A 5 was the amount of the settlement. 6 Q And did you keep those terms confidential? 7 A As I have in every case that I've ever had, yes. As I indicated before, the terms of the agreement 8 9 What did you believe the MS. MILLER: Thank you, sir. I have no further questions. 10 THE COURT: 11 MR. SEWARD: 12 Okay. Redirect. Thank you. REDIRECT EXAMINATION 13 BY MR. SEWARD: 14 Q 15 settlement? 16 A No. 17 Q Do you know who did? 18 A I have no idea. 19 out in the hall that day, including your clients and 20 their family. 21 Q 22 Did you tell Mr. Egan that it was a six-figure Not family. I know there was a lot of people Okay. So sitting here today, you have no idea 23 where Mr. Egan got the information that allows him to say 24 it's a six-figure settlement? 25 A No, I don't. * * * 85 1 Q Okay. All right. And you'll agree with me that the 2 last phrase of agreement one clearly indicates that there 3 was going to be at least one other document that was 4 going to be drafted between you and myself to be signed 5 by our clients? 6 A I'm sorry? 7 Q You'll agree with me that the last phrase in the 8 last sentence of the agreement, which is number one -- 9 let me show it to you. 10 Clear indicates that there was going to be 11 a subsequent document or documents detailing the terms of 12 a confidentiality agreement? 13 A 14 material terms of the settlement was the amount of the 15 money and that there would be another release that would 16 be signed by my clients relative to this settlement. 17 That's what my understanding was. 18 Q Okay. 19 A And you never presented that agreement. 20 called your office, you said you had no intention of 21 signing or sending a release. I understand that the case was settled. The You'll agree with -- 22 MR. SEWARD: When I I move to strike as 23 unresponsive to my question. 24 BY MR. SEWARD: 25 Q Sir, you'll agree with -* * * 86 1 THE COURT: I'm not going to do that. 2 BY MR. SEWARD: 3 Q 4 nowhere mentioned in this agreement? 5 A You'll agree with me that the term "release" is It didn't have to be mentioned. 6 THE COURT: He just -- 7 MR. ROBINSON: 8 THE COURT: 9 MR. ROBINSON: I agree with you. Listen to his question. I will, Your Honor. 10 BY MR. SEWARD: 11 Q 12 happen there was going to be a subsequent document that 13 was going to be negotiated between yourself and myself -- 14 A Negotiations already taken place, Mr. Seward. 15 Q You'll agree with me that there was going to be a 16 subsequent document that was going to be executed by the 17 plaintiffs and/or the defendants? 18 A 19 would never be sued again as in every case that I've 20 done, Mr. Seward. 21 Q Okay. 22 A A settlement is agreed upon and release is sent. 23 Q Thank you. 24 A I thought I did. 25 Q There was going to be a subsequent agreement -- And you'll agree with me that whatever was going to That would have released the defendants so that they But could you answer my question? * * * 87 1 that's really just a yes or no question? 2 A There was going to be a subsequent release, period. 3 Q Okay. 4 number one, says a confidentiality agreement, does it 5 not? 6 A 7 Confidentiality clauses are in releases. 8 Q 9 around to executing those subsequent documents? You'll agree with me that the agreement, And that is not different than anything that I said. Okay. And you'll agree with me that we never got 10 A 11 settlement. 12 standard in probably a hundred percent of the cases that 13 you have settled and I have settled. 14 question I asked, though, was not what -- a hundred 15 percent of what you do is that that agreement had not 16 been prepared nor executed? 17 A 18 terms of what we agreed on were contained in the four 19 corners of the document that was signed on August 19th, 20 2009. 21 Q 22 getting back to the question that I asked -- 23 The terms had been negotiated with respect to the A release was to be forthcoming, which is I guess the And that doesn't change the fact that the material Well, again, I appreciate that statement. THE COURT: But Just so I understand, is it 24 your position that there was no agreement because no 25 release agreement was signed? * * * 88 1 MR. SEWARD: As to -- if the Court is 2 referring back to my second, what I call my second 3 argument or my second position, yes. 4 no subsequent document negotiated because our position is 5 that once the -- 6 7 THE COURT: Okay. Because there was So the answer to the question is "yes"? 8 MR. SEWARD: 9 THE COURT: That's correct. Okay. 10 BY MR. SEWARD: 11 Q 12 to know is that there is no dispute that there was never 13 a subsequent agreement exchanged between your office and 14 my office? 15 A I don't agree. 16 Q Okay. 17 A A release agreement is for all intents and purposes 18 a closing document with regard to finalizing what has 19 been earlier entered into by way of negotiations, a 20 settlement. 21 Q 22 me? 23 A 24 agreement for your client, you probably would have been 25 committing malpractice. And would you agree with that statement? Okay. All I want I don't agree. Did you submit a document to me? That document never came. So you agree that you never submitted one to Mr. Seward, if you had asked me to draft a release * * * 89 1 Q Well, okay. 2 A And had you have asked, I would have given you one. 3 Q Okay. 4 A I wish you had asked. 5 Q Okay. 6 A You didn't ask. 7 Q I'm not asking why it didn't happen. 8 is that it did not happen? 9 A I guess I wish I should have. 10 Q Okay. But the fact is; you did not, correct? The fact is you did not, correct? All I'm asking I wish I could have. So your answer -- I just want a clear answer. 11 12 But getting back to my question -- THE COURT: Mr. Robinson, please answer Mr. Seward's question. 13 MR. ROBINSON: No, I didn't send you 14 anything. 15 BY MR. SEWARD: 16 Q 17 subsequent document? 18 A I agree that you breached the agreement, yes, sir. 19 Q And you'll agree that I did not send you any 20 subsequent document? 21 A 22 release, you -- And you'll agree that I did not send you any I agree that when I called and asked you for the 23 THE COURT: 24 THE WITNESS: 25 THE COURT: * You know what -I'm sorry, Your Honor. -- stay with the question. * * 90 1 THE WITNESS: No, you didn't. 2 BY MR. SEWARD: 3 Q 4 execution of this document was going to take place 5 outside the presence of the Court? 6 would not involve the Court? 7 A 8 would have been sent to my office, which is outside of 9 the Court. 10 And you'll agree with me that the subsequent In other words, we There was going to be a release that you sent, it I would have had the client sign it after reading it and send it back, yes. 11 MR. SEWARD: Thank you. 13 THE COURT: Ms. Miller. 14 MS. MILLER: 15 THE COURT: 16 MS. MILLER: 12 I have no other questions. 17 May I? Sure. Thank you. RECROSS-EXAMINATION 18 BY MS. MILLER: 19 Q 20 Exhibit One, the settlement agreement entered into on 21 August 19th of 2009? 22 A Yep. 23 Q Was it your understanding that the defendants' 24 obligation to abide by the terms in sentence one, being 25 the payment amount, was conditioned upon anything? Mr. Robinson, you've had the opportunity to review Yes. * * * 91 1 A Signing a release, which was pro forma, but beyond 2 that, the settlement had been entered into and its 3 embodied in the joint Exhibit Number One. 4 Q And that agreement -- 5 A It was a done deal for all intents and purposes. 6 Q In that agreement, is there anything on the face of 7 that document that indicates that there is any condition 8 precedent which must be met prior to payment of the 9 funds? 10 A Nor subsequent. 11 Q Did you understand that to be the case? 12 A As in every case, this case, absolutely. 13 done deal on August the 19th, 2009. 14 Q 15 directive of the Court or by volunteering, whose 16 responsibility was it to draft and submit the subsequent 17 agreement of confidentiality and/or release? 18 A 19 20 21 22 It was a Do you recall whose responsibility, be it by Mr. Seward, by his own admission. MS. MILLER: Thank you. I have no further questions for you. THE COURT: Okay. Thank you very much. You may sit down. 23 Okay. Mr. Seward, next witness. 24 MR. SEWARD: 25 THE COURT: * Be myself, Your Honor. Okay. * Ms. McLaughlin, are you * 92 1 ready? 2 MS. MCLAUGHLIN: Yes, Your Honor. 3 THOMAS JOSEPH SEWARD, DEFENDANTS' WITNESS, SWORN 4 DIRECT EXAMINATION 5 BY MS. MCLAUGHLIN: 6 Q 7 in the State of Michigan? 8 A Yes, ma'am. 9 Q How long have you been so licensed? 10 A Since May of 1983. 11 Q And you were lead counsel for the defendants during 12 the trial of this matter; is that right? 13 A Yes. 14 Q That trial began sometime early in August and 15 proceeded through that date that the settlement that 16 we've all heard about was reached, correct? 17 A Yes. 18 Q When did the subject of settlement first arise 19 during the trial? 20 A 21 always an issue, but it became more earnest the Thursday 22 before, so that would have been August 13th. 23 Thursday is the 13th, that's when there were earnest 24 discussions. 25 Q Mr. Seward, you are an attorney licensed to practice I believe -- well, the first time it -- it was Okay. If the And that was -- so it's the Thursday before * * * 93 1 the 19th, which was a Wednesday, right? 2 A Correct. 3 Q I think that's the 13th, okay. 4 settlement offers made or discussed at that time? 5 A Not on Thursday. 6 Q Okay. 7 A Yes, there were certain discussions between Mr. 8 Robinson and myself after Thursday, the 13th. 9 Q Okay. And then were What about after that? And when was that? You said it was after. 10 Do you remember when? 11 A 12 Friday. 13 and/or Sunday. 14 Q Okay. 15 A We did not hold trial. 16 Court was holding other matters. 17 Q 18 trial; is that right? 19 A 20 Tuesday. 21 Q 22 about settlement? 23 A 24 discussion Tuesday morning and then we proceeded right 25 into trial because we didn't want -- the Court did not I think I had a phone call in to Mr. Robinson on We may have exchanged voice mails on Saturday Okay. And I think we talked on Monday. Was the Court in session on Friday or Monday? And then on the Tuesday when you returned to Yes, that's my memory. Okay. Yes. I have no idea whether the We started up again on And were there any discussions at that time At -- I believe there was a very brief * * * 94 1 want the jury to wait around. 2 had been excused for the day, there were more discussions 3 regarding settlement. 4 produce Mr. Gillam and Mr. Duffy for settlement 5 discussions then Wednesday. 6 Q 7 order, did he make any other statements on the record 8 outside the presence of the jury about the status of the 9 settlement negotiations? Okay. And then after the jury And the Court ordered us to And at the time that the Court made that 10 A Well, yes. I mean, as I recall it, there was some 11 discussions about what had been offered, what had been -- 12 there was discussions what plaintiff was demanding, what 13 defendant had offered. 14 I recall that the only persons in the courtroom were the 15 attorneys. 16 present. 17 Court to seal that document, because I was quite 18 surprised that he put the -- expressed the numbers. 19 Q 20 Detroit News reporter was, correct? 21 A I learned -- yes. 22 Q Okay. 23 disclosure was made? 24 A Absolutely not. 25 Q Okay. Which came first, I don't recall. I'm not even sure if the parties were But there were no witnesses and I asked the Okay. And you knew at that point who Paul Egan, the And was Mr. Egan in the courtroom when that So then you proceeded to settlement * * * 95 1 negotiations on the 19th; is that correct? 2 A That is correct. 3 Q And how did that occur? 4 A What happened is we were supposed to meet with the 5 Court, I want to say 8:00. 6 I want to say it was before 8:30. 7 sure if it was 8:00 or not. 8 and the relative positions of the parties. 9 Q Okay. We did meet with the Court. I don't remember for There was some discussions And where were you and your clients when this 10 took place? 11 A 12 the Court in his chambers in the beginning of the 13 morning. 14 Gillam, the city attorney for Royal Oak and James Duffy 15 from the Michigan Municipal Risk Management Authority 16 were in the Court's jury room. 17 when parties were -- parties and their representatives 18 were in court going back and forth to the chambers, but 19 I'm not a hundred percent sure of that. 20 point we were in the defendants -- no, myself, Mr. Gillam 21 and Mr. Duffy were in the Court's jury room. 22 Q 23 agreement about what the amount of the settlement would 24 be, correct? 25 A Well, we changed. We had certain discussions with Then -- I want to say at some point myself, Mr. Okay. I think there was a time But at some And then at some point you came to an Yes. * * * 96 1 Q And the subject of confidentiality arose at some 2 point as well; isn't that true? 3 A Oh, absolutely. 4 Q Okay. 5 A Well, from our position, confidentiality was always 6 an issue and that's why I requested of the Court the 7 Tuesday beforehand to seal that transcript. 8 off guard by that and certainly didn't want any 9 discussions regarding any level of settlement discussed. How did that come about? I was caught 10 Then when we were in the jury room there was some 11 discussions, it looked like, at least from our 12 perspective that there was an agreement as to the number 13 and someone said, "And of course, there has to be a 14 confidentiality agreement." 15 -- well, myself and the Judge. 16 discussed. 17 Q 18 Duffy? 19 that this would be a confidential agreement? 20 A 21 agreement between myself and the Court was made in the 22 presence of Dave Gillam and Jim Duffy. 23 Q 24 client's wishes about any admission of liability with 25 respect to the settlement? Okay. It may have been said by all Definitely, that was And did you discuss that Mr. Gillam and Mr. Not the specific terms, but the general nature The discussion about needing a confidentiality Okay. What was your understanding as to your * * * 97 1 A Well, in regards to the confidentiality. 2 3 MR. ROBINSON: that's really relevant, Your Honor. 4 5 MS. MCLAUGHLIN: THE COURT: 10 I'm sorry. MS. MCLAUGHLIN: I said what was his understanding as to his client's wishes regarding any admission of liability regarding the settlement. 11 THE COURT: 12 MR. ROBINSON: 13 Give me the question again. 8 9 Oh, it's very relevant, Your Honor. 6 7 Your Honor, I don't know if Objection is what? Objection to relevancy, Your Honor. 14 THE COURT: I'll let it go. 15 MS. MCLAUGHLIN: 16 MR. SEWARD: Overruled. Thank you. The reason -- this all goes 17 back to when the Court started talking about the relative 18 numbers on Tuesday. We recognized -- 19 THE COURT: 20 MS. MCLAUGHLIN: 21 MR. SEWARD: 22 THE COURT: 23 24 25 Is he answering the question. Yes, he is. Yes, I am. I'm not sure about that, but -THE WITNESS: We recognize that in settling a case where liability was hotly disputed that * * * 98 1 we did not want to give any appearance that there was a 2 concession by the defendants of any wrongdoing. 3 any reference to in any fashion to suggest that we were 4 wrong or that we admitted we were wrong was key to the 5 resolution of this matter. 6 Court asked at some point -- I don't recall if it was on 7 the record or not -- about the specific number. 8 recognize that because of the Freedom of Information Act, 9 there's a chance, even a good chance that the actual And so We recognize and even the I 10 dollar amount would be disclosed. That's why we insisted 11 and always insist that there be no types of discussions, 12 any type of disparaging remarks or comments that somehow 13 were we wrong, the defendants were wrong or that they 14 admitted to wrong. 15 BY MS. MCLAUGHLIN: 16 Q 17 Exhibit One, came into existence. 18 A 19 Court in the jury room, there was some discussions about 20 the polygraphing and so forth. 21 outside through the front door of the Court's chambers 22 out to the hallway and I saw a group from the plaintiffs' 23 side talking with Mr. Egan. 24 Messrs. McGuire and Ryan were present. 25 families, their parents were present. We were buying their silence. And can you tell the Court how the agreement, Joint Oh, certainly. After we had the discussion with the * * The Court left. I walked I know for a fact that I know that their I don't recall a * 99 1 hundred percent if Ms. Miller or Mr. Robinson or both 2 were there. 3 I then went up to Jennifer Hernandez, the 4 Court's case manager, and indicated to her that I was 5 upset. 6 with the -- Mr. Egan from the media, because I was 7 concerned about what was being discussed. 8 wanted to talk to the Court about this. I was very upset that the plaintiffs were talking 9 I asked that I Shortly there -- she left the courtroom -- 10 THE COURT: You know, I hate to interrupt, 11 but both of you have tried your cases, so I think we have 12 a bit of a narrative going on here. 13 question and answer format. 14 BY MS. MCLAUGHLIN: 15 Q 16 to, what happened then? 17 A 18 chamber and I expressed to the Court that I was very 19 upset that I had seen members of the plaintiffs' side of 20 the case talking with Mr. Egan and that that was 21 unacceptable. 22 Q And then what happened? 23 A There was some discussions by the Court that he 24 didn't want the settlement to fall through. 25 Robinson then said that he was an experienced litigator, We need to follow After you told Ms. Hernandez what you just testified Shortly thereafter, I was brought into the Court's * * That Mr. * 100 1 that it wasn't, he then made representations that the 2 plaintiffs' family members, Mr. Ryan's mother was 3 present, Mr. McGuire's father was present. 4 other family members. 5 didn't even know the terms. 6 said, "Can the plaintiffs say the case was resolved in 7 plaintiffs' favor?" 8 effect, "Well, of course. 9 resolved unless it's resolved in plaintiffs' favor?" There were I'm not sure with whom. That they At that point, Ms. Miller Mr. Robinson said words to the How else can a case be At 10 that point, I said, "No." 11 say is the case has been resolved." 12 discussions going on there with people talking all at the 13 same time. 14 that words to the effect, we can't agree --" then I want 15 to proceed with trial. 16 Q Okay. 17 A At that point the Court began urging me to e-mail 18 and/or fax over my standard confidentiality agreement. 19 Q And how did you respond? 20 A I told the Court that I don't have a standard 21 confidentiality agreement. 22 "Well, somebody in your firm does. 23 Q There was further And I made the comment, "If we can't agree on And then what occurred after that? And the Court indicated then, Let's get it." So it was clear then that the Court wanted this -- 24 25 And then I said, "All you can MR. ROBINSON: the question. Objection to the form of It's leading. * * * 101 1 BY MR. MCLAUGHLIN: 2 Q 3 what the Judge intended? What from that comment was clear to you as far as 4 MR. ROBINSON: 5 THE COURT: 6 Judge intended. Objection. You can't comment on what the You know that. 7 MS. MCLAUGHLIN: 8 THE COURT: 9 Leading. All right. Clearly hearsay. BY MS. MCLAUGHLIN: 10 Q What happened after that? 11 A Well, the Court asked that I get a document. 12 Robinson said, constantly said, you know, there was 13 talking going on at the same time. 14 say we don't need that. 15 used the words "screw up the settlement." 16 the Court that I'd have to check. 17 urging, "No, let's just put this -- we got a signed 18 agreement. 19 later." 20 Q 21 agreement that it was set to typing? 22 A 23 Court, myself and Mr. Robinson. 24 language that I insisted on. 25 Q Okay. Mr. Robinson would We're not going to -- I think he Let's be done with it. All right. Mr. I indicated to Mr. Robinson kept We can do this Who drafted the terms of the I believe that it was a joint effort among the Okay. There was certain I'm going to have you look at Joint Exhibit * * * 102 1 One. And ask; what language did you insist on? 2 A 3 about what could or could not be said, I -- What I insisted on is when the questions came up 4 5 THE COURT: Rule 611? 6 7 Didn't your affidavit say that you drafted it? THE WITNESS: I -- I definitely drafted the last paragraph. 8 9 Can I interrupt pursuant to THE COURT: You didn't draft the first paragraph? 10 THE WITNESS: I don't think I did the 11 first -- I don't think I did the first line, Your Honor, 12 because as I indicated to the Court before, how the total 13 amount was going to be divided was not an issue to us. 14 But I may have put it down -- I don't have that -- it was 15 a handwritten on a yellow piece of legal paper. 16 BY MS. MCLAUGHLIN: 17 Q Whose handwriting was it -- 18 THE COURT: 19 (Brief pause in proceedings) 20 21 Wait a minute. MS. MCLAUGHLIN: May I proceed, Your Honor. 22 THE COURT: 23 MS. MCLAUGHLIN: 24 Q Thank you. BY MS. MCLAUGHLIN: 25 Okay. I believe I asked who actually took down the * * * 103 1 language on the yellow legal paper. 2 3 MR. ROBINSON: object. Your Honor, I have to The question was; who drafted the agreement. 4 THE COURT: You can cross-examine. 5 MR. ROBINSON: 6 THE WITNESS: Thank you, Your Honor. I don't have specific 7 memory. I know that my handwriting -- I'm the one who 8 drafted the second paragraph, absolutely sure. 9 did the first paragraph or not, I'm not sure at this Whether I 10 point. 11 BY MS. MCLAUGHLIN: 12 Q 13 of paper? 14 A 15 whether it was the Court or the Court's staff attorney or 16 someone who then typed it up in what's become Exhibit 17 One. 18 Q 19 Robinson or Ms. Miller offer any suggestions about 20 limiting the scope of the confidentiality agreement to 21 only disclosure of the amount of the settlement? 22 23 24 25 Okay. And then what happened to that yellow piece I believe it was taken by someone in chambers, Okay. When you were discussing this matter, did Mr. MR. ROBINSON: Object to the form of the settlement, Your Honor. THE COURT: You know what, Mr. Robinson, just let Ms. McLaughlin get the question out. * * * 104 1 MR. ROBINSON: 2 THE COURT: I'm sorry. Go ahead. Could you give it 3 to us again? 4 BY MS. MCLAUGHLIN: 5 Q 6 agreement that was signed, did Mr. Robinson or Ms. Miller 7 offer any suggestions about limiting the scope of the 8 confidentiality agreement only to disclosure of the 9 settlement amount? During the discussions regarding agreement, the 10 11 MR. ROBINSON: Object to the form of the question, Your Honor. 12 THE COURT: Overruled. 13 MS. MCLAUGHLIN: 14 THE WITNESS: Thank you. No. 15 BY MS. MCLAUGHLIN: 16 Q 17 indicates, "If asked, all anyone can say is case has been 18 resolved," is that correct? 19 A Oh, yes. 20 Q Okay. 21 A Absolutely. 22 Q On behalf of your clients? 23 A Absolutely. 24 Q And it also indicates that a more specific 25 confidentiality agreement -- In the last paragraph or the second paragraph there And that was language that you insisted on? * * * 105 1 2 MR. ROBINSON: question, Your Honor. 3 Object to the form of the It's a leading question. THE COURT: He's got a point. 4 BY MS. MCLAUGHLIN: 5 Q 6 of the agreement, Exhibit One, say? 7 A 8 define the terms of the confidentiality agreement and the 9 penalties if there was going to be a breach of the What is the second sentence of the second paragraph What it says is that the parties would further 10 confidentiality agreement. 11 Q 12 language of a more specific confidentiality agreement? 13 A 14 this case, all you could say the case has been resolved. 15 No more. 16 Q 17 the Windsor Star in which the plaintiff, Mr. Ryan, and 18 plaintiffs' counsel, Mr. Robinson, were quoted? 19 A Oh, yes. 20 Q And what did you do when you read those articles? 21 A Probably swore in my office and contacted my clients 22 -- no, my clients contacted me. 23 the appropriate response. 24 Q 25 Paul Egan after the settlement was reached? Okay. And what were your expectations regarding the All it was going to say that if anybody asked about Did you read the articles in the Detroit News and Okay. So we discussed what was Did you ever speak with Detroit News Reporter * * * 106 1 A Yes. 2 Q What did he say to you if you remember? 3 A He wanted me to -- 4 THE COURT: Clearly hearsay. 5 MS. MCLAUGHLIN: Okay. 6 BY MS. MCLAUGHLIN: 7 Q What did you tell him? 8 A Told him all I could say is the case has been 9 resolved. 10 Q Did you say anything more than that? 11 A Yes. 12 resolved. 13 Q 14 the Detroit News that the settlement in this case was for 15 six figures? 16 A Absolutely not. 17 Q When you read the articles in the Detroit News and 18 the Windsor Star, what about those articles caused you 19 concern? 20 A 21 that this was a hotly disputed case of liability. 22 that if there was ever going to be a settlement there had 23 to be an understanding that we were not conceding that we 24 did anything wrong. 25 thought. That all I could say is the case has been Did you ever tell Mr. Egan or anyone associated with It was the key term for us to settle the case is And Because to date, I do not share that And nor would I allow my client to be * * * 107 1 disparaged in the media. I felt that that was an 2 intentional act by the plaintiffs to breach the agreement 3 that they had this planned all along, that it was 4 inappropriate. 5 Q 6 agreement? 7 A Absolutely. 8 Q Was there any doubt in your mind that the 9 confidentiality -- or the confidential nature of the And you believe that that violated the terms of the 10 settlement did not -- was not limited to the settlement 11 amount only? 12 A 13 Miller when she asked could it be resolved in plaintiffs' 14 favor? 15 resolved." How could there when we had the discussion with Ms. I said, "No, all you can say is the case has been There was no question about that. 16 MS. MCLAUGHLIN: 17 THE WITNESS: 18 THE COURT: 19 MS. MCLAUGHLIN: 20 I have nothing further. Thank you. Okay. Just give me a sec. Oh, Your Honor, I do have one more. 21 THE COURT: Sure. 22 BY MS. MCLAUGHLIN: 23 Q 24 anticipate that the Court would be at all involved in 25 that? The agreement that was to be drafted later, did you * * * 108 1 A No. 2 Q That something would have been taken care of, how? 3 A Dave and I would exchange -- I'd send over a 4 proposed agreement, he would take a look at it. 5 clients agreed, they would sign it. 6 changes, he would tell me about it and we would hash it 7 out. 8 Q 9 involved in that in any fashion? 10 A Okay. If he had some Did you ever believe that the Court would be Absolutely not. 11 MS. MCLAUGHLIN: 12 THE COURT: 13 MR. ROBINSON: 14 If his Okay. Thank you. Mr. Robinson. Thank you, Your Honor. May I approach the witness, Your Honor? 15 THE COURT: 16 Sure. CROSS-EXAMINATION 17 BY MR. ROBINSON: 18 Q 19 pages and the last page being your signature and an 20 affidavit that you prepared that was an exhibit to your 21 original motion filed in September of '09? 22 A This is the affidavit of myself. 23 Q And do you see on page -- on the second page, 24 paragraph nine, it indicates that you prepared a 25 documents that has been made reference to that was signed Mr. Seward, did you identify that document as two * * * 109 1 by everybody on August the 19th, 2009? 2 paragraph? 3 THE COURT: 4 THE WITNESS: Do you see that Mr. Seward? I'm reading it, Your Honor. 5 Yes, I see that. 6 BY MR. ROBINSON: 7 Q 8 right? 9 A Yes, it does. 10 Q It doesn't say you drafted part of it, does it? 11 A No. 12 Q Says you drafted the whole agreement, correct? 13 A Yes, it does. 14 Q So you lied under oath when you answered Ms. 15 McClorey's question as it relates to only drafting part 16 of the agreement, right? 17 A Absolutely not. 18 Q May I see that? 19 A Certainly. 20 Q You read it, sir? 21 A Yes, I have. 22 Q Did you see anything about you did part of it? 23 A Pardon me? 24 Q Did you type this? 25 A Oh, no. That paragraph says that you drafted that agreement, Did not lie. * * * 110 1 Q Did you dictate it so your secretary could type it? 2 A No. 3 Q These are your words, right? 4 A It's my affidavit, I signed it. 5 Q You read it, correct? 6 A Yes, sir. 7 Q It's sworn testimony, isn't it? 8 A Yes, sir. 9 Q So you lied, sir, didn't you? 10 A Absolutely not, Mr. Robinson. 11 Q It says you drafted the agreement, not part of the 12 agreement. 13 A That's true. 14 Q That you testified to here today, correct? 15 A I'm sorry. 16 Q The one where I said you lied here today when you 17 said that you only drafted part of it. 18 drafted part of it -- 19 A No. 20 Q Do you have in here that I drafted part of it, Mr. 21 Seward? 22 A Well, let me respond to -- 23 Q Do you have it here -- 24 25 Which question do you want me to answer? THE COURT: Wait, wait. You even said I One question at a time. * * * 111 1 BY MR. ROBINSON: 2 Q 3 of the agreement; yes or no? 4 A Sir, as I indicated -- 5 Q Do you have in here, Mr. Seward, that David Robinson 6 drafted part of the agreement? 7 A 8 first paragraph. 9 second paragraph. Do you have in here, Mr. Seward, that I drafted part Sir, as I indicated I don't recall if I drafted the I admitted today that I drafted the That affidavit is signed August 31st, 10 which is what, 13 days after the 19th. 11 I drafted the entire agreement -- 12 THE COURT: And it says that I think he asked you a 13 specific question regarding whether he's mentioned in the 14 affidavit as a drafter. 15 THE WITNESS: 16 THE COURT: No. Okay. 17 BY MR. ROBINSON: 18 Q 19 you did. 20 correct? 21 A 22 absolutely correct. 23 have input on it, not correct. 24 Q 25 something that there was some handwriting on; did you see I didn't draft any of that agreement, Mr. Seward, Consistent with your affidavit; isn't that If by meaning that I wrote it down, that's If you're saying that you didn't Ms. McClorey made reference to some yellow pages or * * * 112 1 my handwriting on that document? 2 A 3 on it. 4 Q 5 recall that you and I were at this table and before we 6 got started, I asked you, "Listen, Joe, I may as well ask 7 the question; is there any money in this case," or 8 something to that effect. 9 response was? I don't recall, Mr. Robinson, whose handwriting was Now, Mr. Seward, the first day of trial, you do And do you remember what your 10 A Verbatim? No, not verbatim. 11 Q Okay was it something like this with a smirk. 12 wouldn't pay your clients a dime; do you remember that? 13 A No, I don't remember that. 14 Q Something to that effect, though, right? 15 A Something to the effect that my clients were not 16 willing to offer anything towards settling the case that 17 I thought would be acceptable to the plaintiffs. 18 Q 19 wouldn't pay them anything"? 20 A No, those are not words that I usually say. 21 Q How about the smirk? 22 A No. 23 Q That changed, though, didn't it at some point in 24 time when Mr. Gilligan your own witness got on the stand, 25 right? I You don't remember using the term "a dime" or "I * Do you remember the smirk? * * 113 1 2 MS. MCLAUGHLIN: Your Honor, I'm going to object to the relevance of this. 3 THE COURT: Oh, it is relevant based upon 4 what you brought up during the course of his direct 5 examination. 6 BY MR. ROBINSON: 7 Q Didn't that attitude change -- 8 9 THE COURT: Quote, unquote, hotly contested and denying liability and they felt strongly 10 about it. Those were the questions that the defense 11 brought up. The defense raised the issue. 12 Go ahead, Mr. Robinson. 13 MR. ROBINSON: Thank you, Your Honor. 14 BY MR. ROBINSON: 15 Q Didn't that attitude change? 16 A Did we look at trying to resolve the matter after 17 Mr. Gillikin testified, the answer is yes. 18 Q 19 your own witness off the whole point of your smirk which 20 accompanied your contextual statement that you weren't 21 paying anything, correct? Didn't Mr. Gillikin, in fact, shift the momentum, 22 MS. MCLAUGHLIN: Your Honor, I want to 23 place an objection to the form of the question, Your 24 Honor. 25 He's now assuming facts that are not in evidence. THE COURT: * The question you might want to * * 114 1 rephrase. I'll sustain it as to the form only. 2 it's hard for me to understanding exactly what your 3 question is. 4 BY MR. ROBINSON: 5 Q 6 testimony that made you change your mind? 7 clients change their mind? What was it, Mr. Seward, about Mr. Gillikin's 8 9 10 It's -- MS. MCLAUGHLIN: Made your Your Honor, I'm objecting because I think this goes to work product and also possibly attorney/client privilege. 11 THE COURT: Really? 12 MS. MCLAUGHLIN: 13 THE COURT: Pardon me? Really? 14 see it. 15 BY MR. ROBINSON: 17 Q 18 made you change your mind? 19 A I don't defense brought about. 16 Overruled. 20 Again, this is within the scope of what the What was it, Mr. Seward, that Mr. Gillikin said that Sir, -THE COURT: It would be "change interest 21 in resolving the case." 22 BY MR. ROBINSON: 23 Q Change interest in resolving this case? 24 A Mr. Gillikin's testimony was not the only thing that 25 -- if you're suggesting that Mr. Gillikin's testimony was * * * 115 1 the one and only event that took place to cause us to 2 change our mind, you're mistaken. 3 Q 4 about Mr. Gillikin's testimony. 5 the other stuff. I didn't ask you that. 6 7 THE COURT: 10 form of the question. evidence. THE COURT: I don't know if you can go into what's in his mind. MR. ROBINSON: And I'm not, Your Honor. I'm just going to the -THE COURT: 16 MR. ROBINSON: Because then it may -Mr. Gillikin did offer testimony -- 18 19 Object to the He's assuming facts that are not 15 17 All right. Assuming that Mr. Gillikin's testimony -- 13 14 You know what, go ahead and MS. MCLAUGHLIN: 11 12 I didn't ask you about make your objection. 8 9 I asked you; what was it THE COURT: I know. Are you trying to establish a timeline or what? 20 MR. ROBINSON: 21 BY MR. ROBINSON: 22 Q 23 Yes. seriously -- 24 25 At the point in time that you decided to take THE COURT: Gentlemen, all right. No smirks, no smiles, no nodding the heads, okay? * * * 116 1 DEFENDANT WARNER: 2 THE COURT: 3 I'm talking to both of you. Go ahead. 4 5 This is a serious proceeding. At least I'm taking it seriously. 6 DEFENDANT WARNER: 7 THE COURT: 8 Who are you talking to? I coughed. Excuse me, sir. That's not what I observed. 9 You may go ahead. 10 MR. ROBINSON: Thank you, Your Honor. 11 BY MR. ROBINSON: 12 Q 13 Mr. Gillikin's testimony that it was the first time you 14 ever really entertained resolving this case, correct? 15 A Absolutely not. 16 Q That's the first time you ever revealed it to me, 17 how's that? 18 resolution of this case other than that first day of 19 trial when I asked you did you have something to offer, 20 correct? 21 A 22 the effect, "Are we going to settle this case?" 23 recall indicating in some fashion that my clients were 24 not going to be offering the money that you wanted. 25 don't recall any other discussions until after following As far as the time line is concerned, it was after Correct? You and I had no discussions about I recall you saying the first day of trial words to * * And I I * 117 1 -- 2 Q After Mr. Gillikin's testimony. 3 A -- the Friday that we did not have trial. 4 Q After Mr. Gillikin's testimony is the first time 5 that you ever hinted to me the possibility of resolving 6 this case; isn't that correct? 7 A That may be true. 8 Q You never had any discussion with me about not 9 making disparaging comments about your clients either, 10 did you, with regard to any of the negotiations that we 11 had on August the 19th, 2009, correct? 12 A Oh, I disagree with that vehemently. 13 Q You never had any discussions with me any time prior 14 to that about not disparaging -- making disparaging 15 remarks about your client and that somehow being 16 attendant to resolution of this case; did you? 17 A No, i didn't think we were going to resolve -- 18 Q Mr. Seward, you and I have had a number of cases 19 together, furthermore, haven't we? 20 A One or two. 21 Q Mr. Seward, you've never made any comment to me in 22 any of the cases we had that somehow my clients were -- 23 24 25 THE COURT: It's your testimony that you and Mr. Robinson have only had one or two cases together? THE WITNESS: * * That's what comes to my * 118 1 mind. 2 3 MR. ROBINSON: Okay. Well, I think you're a little older than I am, Mr. Seward. 4 THE WITNESS: 5 MR. ROBINSON: Thank you. We've had more than two 6 cases together, I believe. 7 BY MR. ROBINSON: 8 Q 9 had a discussion about either my clients or me not saying In those two cases, Mr. Seward, you and I have never 10 disparaging remarks about your clients, have we? 11 A No, I think we won both cases. 12 Q Mr. Seward, did you speak to the jury and I speak to 13 the jury after this case was over? 14 A 15 jury. 16 Q 17 that you filed the motion that you filed with regard to 18 the Rule 60 and asking that the Court set aside the 19 settlement was because of what the juror revealed to you 20 in the jury room, and that's your real motivation for all 21 of this thing; didn't you tell me that? 22 A 23 that I didn't view the case the same way that you did and 24 that two of the jurors supported the defendants just like 25 two had supported you and the other four were undecided. We were both present and had questions with the Mr. Seward, did you ever tell me that the reason Oh, absolutely -- no, what I told you, David, was * * * 119 1 I told you that I still don't see the case the same way 2 as you do. 3 Q 4 material term of the document that you drafted on August 5 the 19th, 2009 is the amount of money, correct? 6 A Well, that's one of the material terms. 7 Q Mr. Seward, who told Mr. Egan six figures? 8 A I have no clue. 9 Q Mr. Seward, didn't you allege in your pleading, the Mr. Seward, you would agree with me that the 10 September the 20th, 2009, that it was the plaintiffs or 11 their lawyer; didn't you do that? 12 A 13 show it to me, I don't -- 14 Q 15 there, so who did it today? 16 hearing. 17 A 18 out. 19 Q 20 of the agreement that was entered into on the 19th. 21 A But that is a breach of the -- 22 Q But you can't say who made that revelation, can you? 23 A I know who didn't. 24 Q I'm not asking you that. 25 It may very well be true. I don't -- if you can No, you tell me you did, Mr. Seward. This is the evidentiary Who put that out there? Sir, I do not know. All right. You put it out Who did it? That's why we're trying to find And you're saying that that was a breach THE COURT: * Answer his question. * * 120 1 BY MR. ROBINSON: 2 Q You can't say who did it? 3 A No, I do not know who did it. 4 Q It could have been Mr. Warner or Mr. Gale as far as 5 you know, correct? 6 A No. 7 Q It could have been Ms. McClorey. 8 been. 9 A I do know that it wasn't them. 10 Q How do you know, sir? 11 A Because I asked. 12 Q You're assuming? 13 A No. 14 Q You're assuming, sir. 15 A No, because I asked. 16 Q How do you know they're not lying? 17 A They have no reason to lie. 18 Q Okay. 19 A I just answered that. 20 Q Mr. Ryan's comment was not disparaging even about 21 the officers, was it? 22 A Oh, I couldn't disagree more with you. 23 Q Mr. Seward, you are familiar with CMDA Happenings; 24 are you not? 25 A It could have You don't know? Because I asked. But the point is; you don't know, do you? No, I don't know. Our news letter, yes, I get a copy of it. * * * 121 1 Q And Anne McClorey McLaughlin; who is she? 2 A She's my partner. 3 Q And she wrote an article in the September 2009 On 4 Law publication from your office, correct? 5 A I don't know. 6 Q Let me show it to you? 7 A Thank you. 8 Q Are you familiar with that document? 9 A Am I familiar with the -- 10 Q Yeah? 11 A -- the On Law? 12 Q Yes, sir. 13 A I know that my firm puts out every month or tries 14 to, a news letter, yes. 15 Q 16 wrote in the September 2009 On Law publication? 17 A No, I didn't read it. 18 Q Okay. 19 that your partner wrote an article that talked about 20 confidentiality provision must be disclosed upon FOIA 21 request? 22 A No. 23 Q Before August the 19th, 2009, aren't you familiar 24 with the fact that under FOIA, anything that you're 25 trying to keep disclosed is subject to FOIA, and the law I'd have to see it. Are you familiar with it? Are you familiar with an article that your partner I'm sorry. Let me help you. Were you familiar, sir, Were you familiar with that? * * * 122 1 says it has to be disclosed under that law? 2 familiar with that? 3 A 4 chance that the settlement agreement can be subject to 5 disclosure and that's exactly why we have in that 6 paragraph the stuff about all you can say is the case has 7 been resolved. 8 Myself and my clients are very well aware that there's a 9 chance, maybe even a likelihood that the actual dollar I am very familiar with FOIA. Are you I know that there's a There will be no disparaging comments. 10 amount will be disclosed. That's why we insist that 11 there be no disparaging comments. 12 client's silence. 13 Q 14 I'm going to put some money on this thing so that we buy 15 Mr. McGuire and Mr. Ryan's silence." 16 did you? 17 A In my mind, absolutely, yes. 18 Q Yes, in your mind, Mr. Seward. 19 you come to me, the lawyer that represents the two 20 plaintiffs and say that to me? 21 A In my -- 22 Q Saying, "Mr. Robinson, I want to buy your clients' 23 silence, yes or no?" 24 A Words to that effect, yes. 25 Q Words to that effect where? We bought your Sir, you didn't come to me and say, "Dave, listen. * * You didn't do that, My question is; did * 123 1 THE COURT: You said "words to the effect" 2 to Mr. Robinson that you wanted to buy his clients' 3 silence? 4 THE WITNESS: 5 BY MR. ROBINSON: 6 Q 7 lawyer, Mr. Seward? 8 A 9 Absolutely. all. Is that against public policy that you know of as a No, I don't believe it's against public policy at 10 Q Do you understand there's a First Amendment? 11 understand that? 12 A I understand there's a First Amendment. 13 Q Do you understand the concept of the prior 14 restraint, Mr. Seward? 15 A Do you Do I understand the concept of prior restraint -- 16 THE COURT: 17 BY MR. ROBINSON: 18 Q What's the -- excuse me. There was on gag order -- 19 MR. ROBINSON: 20 THE COURT: I'm moving on, Your Honor. I'm trying to understand where 21 you're going. 22 BY MR. ROBINSON: 23 Q 24 not make disparaging comments about the officers? 25 A Certainly, the parties did not agree that they would I could not disagree more with you. * * That is not * 124 1 true. 2 Q Where is it in Exhibit -- do you have it? 3 A Yeah, Exhibit One. 4 Q Yeah, where is it in there? 5 A I don't know how much clearer it could be. 6 anyone could say is the case has been resolved. 7 more. 8 say. 9 Q It says "if asked," doesn't it? 10 A Yes. 11 Q If asked what, Mr. Seward? 12 asked what? 13 only say the case has been resolved? 14 A Any questions. 15 Q Is it ambiguous, Mr. Seward? 16 A Not in my mind. 17 Q I understand it's all in your mind, Mr. Seward. 18 That's why we're here. 19 A Is there a question. 20 Q Mr. McGuire did not make a comment to anybody about 21 this case, did he? 22 A I can't say that. 23 Q In order to have breached the agreement, wouldn't 24 Mr. McGuire have had -- wouldn't you have to point to 25 something to show how he breached the agreement? The case has been resolved. Nothing That's all they could You drafted it. How are the Tigers doing? * All If That they can It's in your mind. * * 125 1 A I do not believe that it's our burden to show that 2 at this point. 3 Q 4 agreed on behalf of your clients that you would pay? Is it your burden, sir, to pay the money that you 5 THE COURT: Just can I understand it -- if 6 there's an agreement it's not your burden to show that 7 there was a breach; is that your position? 8 THE WITNESS: 9 10 Pardon me? didn't hear the Court's question. I'm sorry. I You caught me off guard. 11 THE COURT: Did you say that if there's an 12 agreement, it's not your burden to show that there was a 13 breach? 14 THE WITNESS: At this point it's not my -- 15 it's my position that it's not our burden to show that 16 there was a breach. 17 THE COURT: Okay. 18 BY MR. ROBINSON: 19 Q Did you not Mr. McGuire, Mr. Seward? 20 A If you're talking about my client, I mean, I 21 personally have no obligation to pay -- 22 Q I'm sorry. 23 You're absolutely right. As the representative of your clients, did 24 you pay Mr. McGuire the agreed upon amount to resolve 25 this case? * * * 126 1 A My clients have not issued a settlement draft to 2 Messrs. McGuire and Ryan. 3 Q 4 long have you been a lawyer? 5 A Which question do you want me to answer? 6 Q Both of them. 7 A The first one. 8 Q You've settled cases before, right? 9 A Pardon me? 10 Q You've settled cases before, right? 11 A Yes, sir. 12 Q And you've been a lawyer for how long? 13 A Since, I believe it's May 23rd, 1983. 14 Q Okay. 15 how many cases have you settled? 16 A I have no idea. 17 Q And when you settled them, you settled them at 18 different points during the process of the law suit, 19 correct? 20 A Yes. 21 Q It may occur at settlement conference. 22 between yourself -- a discussion between yourself and the 23 lawyer which takes place on the phone between your office 24 and his office, things like that, correct? 25 might be one of the scenarios? Mr. Seward, you've settled more than one case. How But you answer the first one first? And so in the course of that period of time, * * It may occur Right? That * 127 1 A Oh, absolutely. 2 Q Okay. 3 want to make is that every time you settle a case, you 4 don't have a release document with you at the same time 5 where you mandate the plaintiff's lawyer, or the lawyer 6 with whom you're dealing sign it right then and there, do 7 you? 8 A 9 drafts, absolutely. And so Mr. Seward, I guess the point that I Before there is a disbursement of the settlement 10 Q Mr. Seward, confidentiality had nothing whatsoever 11 to do with the settlement of this case. 12 came attendant later, but had nothing to do with settling 13 this case, did it? 14 A Oh, you're absolutely wrong. 15 Q Mr. Seward, you had no discussion with David 16 Robinson, me, that says, "Mr. Robinson, confidentiality 17 is the only reason that we're settling this case." 18 didn't come to me and you didn't say that to me, did you? 19 A The only reason, oh, no, of course not. 20 Q Mr. Seward, you didn't come to me and tell me, "Mr. 21 Robinson, we are not going to settle this case unless you 22 agree to a confidentiality agreement," did you? 23 A That's exactly what the agreement says. 24 Q Mr. Seward, where does that agreement say that that 25 you had a conversation with David Robinson to say that * * Confidentiality You * 128 1 you're not going to settle the agreement unless it's 2 confidential. 3 A 4 the Court's chamber and -- 5 Q And the Court's chamber -- 6 A -- as reflects our discussion that all that a party 7 could say, or their representative whenever this case was 8 discussed, that the case has been resolved. 9 more. Where does it say that? The discussions took place when we drafted this in Nothing 10 Q If asked, if asked, the parties can say it's been 11 resolved if asked about what, Mr. Seward? 12 asking about? 13 A This case. 14 Q This case? 15 asked about this case," does it say that? 16 A I don't see how the language could be any clearer. 17 Q In your mind, Mr. Seward, right? What are they Does it say that in the document? 18 MS. MCLAUGHLIN: 19 "If being kind of repetitive here? 20 THE COURT: 21 MR. ROBINSON: Your Honor, aren't we I think we are. I'm almost done, Your 22 Honor. If I can -- 23 BY MR. ROBINSON: 24 Q You took contracts, right? 25 A I must have, yeah -- of course I did. * * * 129 1 Q You understand four corners, right? Correct? 2 A I understand that term in the context of what a 3 contract is, yes. 4 Q You understand ambiguity, correct? 5 A I don't know that I completely understand that. 6 Q You think that the term -- do you think the terms 7 that makes reference to the dollar amount of the 8 settlement is ambiguous? 9 A Oh, absolutely not. 10 MR. ROBINSON: 11 THE COURT: 12 MS. MCLAUGHLIN: 13 I don't have anything else. Okay. Ms. McLaughlin? Thank you, Your Honor. REDIRECT EXAMINATION 14 BY MS. MCLAUGHLIN: 15 Q 16 you earlier, you indicated was signed on August 31st; is 17 that right? 18 A That's what the date of it is. 19 Q Okay. 20 that agreement was signed, true. 21 A Yep. 22 Q Was your -- did you review that affidavit before you 23 testified today? 24 A No. 25 Q Was your recollection better then or is it better Mr. Seward, the affidavit that Mr. Robinson showed That was 12 days or so after August 19th when * * * 130 1 now about what took place? 2 3 MR. ROBINSON: question, Your Honor. 4 5 Object to the form of the Leading. THE COURT: That's not -- "was your" is not a leading question. 6 Go ahead. 7 MS. MCLAUGHLIN: 8 BY MS. MCLAUGHLIN: 9 Q Thank you, Your Honor. Can you answer the question? I presume, because 10 right now I don't recall -- I wish we had that yellow 11 piece of paper, so I could take a look at it. 12 THE COURT: I think Ms. McLaughlin asked 13 you whether or not your recollection is better today or 14 was it better at the time you execute the affidavit. 15 THE WITNESS: I am presuming that my 16 recollection was better in August. 17 BY MS. MCLAUGHLIN: 18 Q 19 of a preliminary agreement, that language doesn't say 20 that you drafted the entire agreement? And if the affidavit says that you drafted language 21 MR. ROBINSON: 22 THE COURT: 23 Got to let her finish the question. 24 25 Objection as to form -- You know, I didn't hear the end of the question. * * * 131 1 MS. MCLAUGHLIN: I said that language 2 doesn't say that you drafted the entire agreement, does 3 it. 4 MR. ROBINSON: 5 MS. MCLAUGHLIN: 6 That's a leading question. I'll rephrase, Your Honor. 7 THE COURT: I'll allow it. 8 MS. MCLAUGHLIN: 9 THE WITNESS: Oh, thank you. That certainly is the intent 10 of the affidavit. And I'm not trying to say anything 11 different today. 12 BY MS. MCLAUGHLIN: 13 Q 14 appeared in our firm's news letter a couple of months ago 15 regarding the Freedom of Information Act and its effect 16 on confidential settlements. 17 that and representing that I wrote that article. 18 have any disagreement with the fact that the terms of a 19 settlement involving a public entity, such as the City of 20 Royal Oak, may become public under the Freedom of 21 Information Act? Mr. Robinson also mentioned the article that 22 THE COURT: You've heard him refer to Do you Are you asking him if he 23 disagrees with what's contained in the article that he 24 didn't read? 25 MS. MCLAUGHLIN: * * I'll rephrase. Thank * 132 1 you. 2 BY MS. MCLAUGHLIN: 3 Q 4 Information Act may require disclosure of terms of 5 settlement involving a public entity? 6 A 7 there's been some success that settlement agreements are 8 producible or disclosed pursuant to the Freedom of 9 Information Act, yes, I am well aware of that. Is it your understanding that the Freedom of There's certainly an argument can be made and 10 Q Okay. And did you know that when you entered into 11 the settlement agreement in this case? 12 A Oh, absolutely. 13 Q And did that knowledge have any effect on the 14 language that appeared in Exhibit One, the agreement? 15 A Absolutely. 16 Q And what effect did it have? 17 A That's the whole point of the agreement. 18 recognized that there is a chance, some people think a 19 very good chance that the actual release will be 20 disclosed to the media. 21 case, because it's a hotly contested, that we require 22 that there was never going to be any admission of 23 liability by the officers and that we were -- there was 24 an agreement, an agreement that anyone who was going to 25 talk to the media, because the media had been present, * We That's why in this particular * * 133 1 all they could say in response to media was "the case has 2 been resolved." 3 expected to see is any comment at all regarding the 4 settlement. 5 resolved." 6 Q And that's in fact what you said? 7 A Yes. 8 Q And does the Freedom of Information Act apply to -- 9 The last thing that anyone that I All I expect to say is "the case has been THE COURT: So you're telling the Court 10 that this release, agreement would not contain the amount 11 of the settlement? 12 13 14 15 THE WITNESS: Oh, no. It probably -- well -THE COURT: Because you want to keep that out of the public's eye? 16 THE WITNESS: 17 to make reference to the specific number. 18 limited success. 19 not, I don't know. 20 settlement with the thought that there's a very good 21 chance, a likelihood that the actual number would 22 ultimately be disclosed. 23 I have tried in the past not I've had Whether that would have occurred or I came into the -- in arriving at the Even though we try -- THE COURT: So are you telling me -- 24 again, I'm asking this pursuant to Rule 611 -- that this 25 release that you were contemplating preparing or * * * 134 1 whatever, would not have contained the amount of the 2 settlement? 3 4 THE WITNESS: What I'm saying is that I don't know for sure if it would or wouldn't. 5 THE COURT: Okay. 6 THE WITNESS: But it's my thought that in 7 coming to the agreement, I had to advise my clients and 8 it is my -- 9 THE COURT: Okay. I think you answered -- 10 I believe you answered my question. 11 BY MS. MCLAUGHLIN: 12 Q 13 itself prevent the plaintiffs, such as in this case, who 14 settle a case from speaking with anyone publicly? 15 Does the Freedom of Information Act prevent -- by MR. ROBINSON: I apologize, Your Honor. 16 didn't hear the question. 17 THE COURT: 18 MS. MCLAUGHLIN: I I didn't understand it. Could you rephrase it? Sure. 19 BY MS. MCLAUGHLIN: 20 Q 21 plaintiffs and what they might say to the media? 22 A Not that I'm aware of. 23 Q Without a confidentiality agreement, would you have 24 been able to prevent the plaintiffs from speaking with 25 anyone about the case? Does the Freedom of Information Act apply to the * * * 135 1 A Not that I'm aware of. 2 Q Okay. 3 had returned a verdict, would you have been able to 4 prevent the plaintiffs from discussing that in public 5 with anyone? 6 A 7 us, I'd like to try to find some ways to, but I don't 8 think I could. 9 Q 10 If the case had gone to the jury and the jury I'd like to think I'd try to -- if it was adverse to Okay. And the Doctrine of Prior Restraint applies to the state and the government, does it not -- 11 THE COURT: You're leading. 12 MS. MCLAUGHLIN: 13 THE COURT: Pardon me? That's a leading question. 14 BY MS. MCLAUGHLIN: 15 Q To whom does the Doctrine of Prior Restraint apply? 16 A To my understanding it applies only to municipal 17 entity, a law enforcement entity of some sort. 18 regulatory agency. 19 Q 20 private agreements, such as a confidentiality or 21 nondisclosure agreement from being entered? 22 A Not that I'm aware of. 23 Q Did you settle with case with each plaintiff 24 individually or with both plaintiffs as a whole? 25 A Okay. A Does the Doctrine of Prior Restraint prevent We made that clear that we were not going to get * * * 136 1 involved in deciding who got what. 2 of money. 3 Q How it was divided was between themselves. Okay. So the -- 4 THE COURT: 5 Just a second. (Brief pause in proceedings) 6 THE COURT: 7 THE WITNESS: 8 We were paying a sum take a break soon. 9 Okay. Your Honor, are we going to Just because -- THE COURT: Sure. How about we take a 10 break right now and then we'll get back together about 11 1:15. 12 MS. MCLAUGHLIN: 13 THE COURT: 14 Now, any other witnesses after Mr. Seward? 15 16 Oh, that's fine. MS. MCLAUGHLIN: Yes, we do have a couple more witnesses. 17 THE COURT: 18 MS. MCLAUGHLIN: 19 Gillam and Mr. Duffy. 20 Who? The defendants and Mr. very brief. 21 But I expect their testimony to be THE COURT: I'm looking at Mr. Seward's 22 affidavit, so I would suspect their testimony would be 23 pretty brief. 24 25 But we shall see. COURT CLERK: Okay. Court is in recess. (Court in recess at 12:31 p.m.) * * * 137 1 * 2 * * (Court in session at 1:38 p.m.) 3 COURT CLERK: The United States District 4 Court for the Eastern District of Michigan is back in 5 session. Please be seated. 6 The Court recalls case number 05-40185. 7 THE COURT: A little bit of housekeeping. 8 For a period of time during the lunch hour, I was working 9 on defense's motion, I guess, to dismiss for lack of a 10 better term. 11 strike that. 12 In defendants' preliminary exhibit list, -- Under three, you have articles printed by 13 the Windsor Star and plaintiff agreed to that motion to 14 admit those exhibits. 15 and all exhibits relied upon defendants. 16 articles were part of -- I believe these articles were 17 part of your Rule 60 motion, which are reflected in 18 Exhibit One and Two of your preliminary exhibit list; is 19 that correct? Of course, plaintiff states any 20 MR. SEWARD: 21 THE COURT: 22 MR. SEWARD: 23 I'm sorry. And those The Rule 16 -- Sixty. Are they referenced in our motion? 24 THE COURT: I thought they were. 25 MR. SEWARD: I believe they are. * * * 138 1 THE COURT: Were attached, right? 2 MR. SEWARD: 3 THE COURT: I believe they are, yes. Okay. But I guess you forgot 4 to include this article in the exhibits you gave to me -- 5 I believe this was admitted -- this is the Windsor Star 6 article dated August 20th. 7 MR. SEWARD: 8 THE COURT: 9 May I approach? I assume that the parties -- it was an oversight in not making that a part of Exhibit 10 -- which one is it? 11 in chambers. 12 I have to get my notes. I left them (Brief pause in proceedings) 13 THE COURT: Is that Exhibit Two? 14 articles are Exhibit Two. 15 oversight in not attaching that to Exhibits Two or Three; 16 is that correct? Is that correct, it's an 17 MR. ROBINSON: 18 MR. SEWARD: 19 22 23 24 25 That's correct, Your Honor. I don't think it's an oversight on our part, Your Honor. 20 21 The THE COURT: Windsor Star. You requested articles by the You only gave me one. MR. SEWARD: That's correct. We gave you the one we wanted to introduce, Your Honor. THE COURT: Wasn't that article attached to your Rule 60? * * * 139 1 MR. SEWARD: 2 THE COURT: 3 MR. SEWARD: 4 Without -I believe it was. I don't have that memory -- that good of a memory to say which ones were or weren't. 5 THE COURT: Okay. I was under the 6 impression that I admitted all articles from the Windsor 7 Star. 8 9 10 MR. ROBINSON: as Exhibit Seven to Mr. Seward's motion of September 2nd, 2009. 11 THE COURT: 12 MR. ROBINSON: 13 THE COURT: 14 Your Honor, it was attached Okay. Well, I think it's in. Thank you, Your Honor. Are you requesting that I complete it, put it in? 15 MR. ROBINSON: 16 THE COURT: Absolutely, Your Honor. Yeah, I thought that that was 17 when you -- when the defendant requested articles, I 18 admitted what I believe was the articles under three, and 19 apparently that article was left out. 20 21 MR. ROBINSON: Correct, Your Honor. May I approach. 22 MS. MILLER: 23 THE COURT: Thank you, Your Honor. Okay. All right. 24 are you ready to continue and Ms. McLaughlin? 25 MS. MCLAUGHLIN: Mr. Seward, * * Yes, Your Honor. * 140 1 THE COURT: The Windsor Star article dated 2 August 20th, which was not attached, admitted this 3 morning needs to be attached as the August -- needs to be 4 made part of the exhibit. 5 MR. SEWARD: Well, Your Honor, it's our 6 position that that is not part of our joint exhibits, so 7 we would suggest that you might want to mark it as 8 something other than part of -- three. 9 (Brief pause in proceedings) 10 THE COURT: Just so the record is clear, 11 when we dealt with the admission of Exhibits Two and 12 Three, the admission of what I was understanding articles 13 from the Detroit -- sorry, from the Windsor Star, which I 14 believe on proposed Exhibit Number Three on defendants' 15 witness list, was it your understanding as well that it 16 included the August 20th article? 17 MR. ROBINSON: 18 MS. MILLER: 19 THE COURT: 20 MR. SEWARD: I did. Yes, sir. And your objection is what? We admitted the articles that 21 we wanted to introduce, Your Honor, which is the 21st 22 article from the Windsor Star. 23 THE COURT: 24 from the Windsor Star, you're telling me. 25 article. * So you did not want articles * You wanted a * 141 1 2 MR. SEWARD: yes, that's correct. 3 4 THE COURT: MR. ROBINSON: I did, Your Honor, absolutely, that's what we agreed to. 7 8 And it's your understanding that it was articles? 5 6 When we introduced today, THE COURT: So what is your objection to the introduction of August 20 article? 9 MR. SEWARD: I don't know that I'm 10 objection, other than to the extent that the Court is 11 suggestive that it's a joint article. 12 article. 13 going to admit it. 14 It is not a joint If the Court's going to admit it, the Court's THE COURT: I thought it was -- I was 15 working on this case during the lunch hour break. 16 thought that this was part of the packet of articles from 17 the Windsor Star that I thought had been admitted. 18 it's your understanding as well, I take it? 19 MR. ROBINSON: 20 THE COURT: 21 objection to this article being admitted? 22 MR. SEWARD: 23 THE COURT: 24 that it not be marked as a joint exhibit. 25 THE COURT: * I And It is, Your Honor. It wasn't. Is there an Oh, no, Your Honor. The only objection we have is Oh, okay. * Any problem with * 142 1 that? 2 MR. ROBINSON: 3 THE COURT: No, Your Honor. So shall we mark it as 4 exhibits -- there is no Plaintiffs' One and Two or three, 5 that's joint. 6 Five, and we'll make this Six; is that what you want to 7 do? But we have Plaintiffs' Exhibit Four, 8 MR. ROBINSON: 9 THE COURT: 10 MR. SEWARD: 11 THE COURT: Yes, Your Honor. Any problem? No, Your Honor. Okay. As we proceed, I don't 12 know if there will be any further exhibits or not, but 13 everyone make sure that what you understand is the 14 exhibit or what has been admitted is all part of the 15 exhibit that comes to me. Okay? 16 MR. ROBINSON: 17 THE COURT: 18 Thank you. Great. All right. Ms. McLaughlin, you may proceed. 19 MS. MCLAUGHLIN: 20 Thank you, Your Honor. REDIRECT EXAMINATION (CONTINUED) 21 BY MS. MCLAUGHLIN: 22 Q 23 settled with the plaintiff's individually or as a whole? 24 A Was a complete settlement. 25 Q What do you mean by a complete settlement? Mr. Seward, when this case was resolved, was it * * It was -- * 143 1 A We were settling the one complaint, the one lawsuit, 2 the one case, that being McGuire and Ryan. 3 settling with each individual. 4 the settlement. 5 of an issue to us. 6 Q 7 Joint Exhibit One was signed by all the parties, all 8 attorneys and representatives for the City of Royal Oak 9 and the MMRA, correct? Okay. Your Honor, I object to the form of the question as leading. THE COURT: I apologize. Give me the question again, so I make sure I -- 14 15 How it was going to be divided was not MR. ROBINSON: 12 13 It was a total amount of And then the agreements, Exhibit One, the 10 11 We were not MS. MCLAUGHLIN: Honor. I'll rephrase it, Your I'll just rephrase the question. 16 THE COURT: 17 BY MS. MCLAUGHLIN: 18 Q 19 Exhibit One? 20 A 21 Ryan signed it. 22 Q 23 as well? 24 A 25 Miller did. Okay. Was it signed by the plaintiffs, the agreement, Yes, the individual plaintiff's Messrs. McGuire and Did Mr. Messrs. McGuire and Ryan's attorneys sign it I know Mr. Robinson did. Thank you. * I don't know if Ms. Racine Well, I'll just go through it. * * 144 1 The signatures are Mr. McGuire, Mr. Ryan, Mr. Warner, Mr. 2 Gale, Mr. Robinson, Ms. Miller, Mr. Gillam, Mr. Duffy, 3 myself, and it has the initials of our Judge. 4 Q 5 everyone who signed the agreement bound by the agreement? 6 A That's certainly my belief. 7 Q Okay. 8 anything to breach that agreement? 9 A Okay. And the agreement was -- strike that. Was And did any party's representatives do Well, yes -- 10 MR. ROBINSON: 11 object to the form. 12 Your Honor, I would just The agreement he's asking for, she's asking for opinion testimony. 13 THE COURT: His objection is opinion. 14 MS. MCLAUGHLIN: Mr. Seward is an 15 attorney, Your Honor. He's qualified to render a legal 16 opinion. 17 which makes him practicing about 26 years. 18 qualified to answer a legal question. 19 objection was made earlier and -- He's testified he's been a lawyer since 1983, 20 THE COURT: 21 MS. MCLAUGHLIN: 22 THE COURT: 23 MS. MCLAUGHLIN: 24 Q I think the same Okay. -- you overruled -- Go ahead. Thank you, Your Honor. BY MS. MCLAUGHLIN: 25 I think he's Mr. Seward? * * * 145 1 A I'm sorry. 2 Q The question was; did any party's representative do 3 anything to breach the agreement? 4 A Yes. 5 Q And what was that? 6 A Well, the party representative is Mr. Robinson's 7 statement both in the Detroit News and then subsequently 8 the Windsor Star. 9 Q Okay. My mind was racing. Your question is? And what is the effect of the breach of the 10 agreement by a party's representative? 11 A Well, there's really no incentive for us to -- 12 13 MR. ROBINSON: Your Honor, I object to the foundation -- 14 THE COURT: I don't know that he can 15 answer that one I don't know there's foundation. 16 ultimately, I think that's up to the trier of fact. 17 BY MS. MCLAUGHLIN: 18 Q 19 cross-examination about what went into the decision to 20 resolve the case -- 21 22 23 24 25 All right. And Now, Mr. Robinson asked you on THE COURT: And you know, that's outside the scope of the cross-examination. MS. MCLAUGHLIN: I'm sorry. This is redirect, Your Honor. THE COURT: * I know it is. * It's outside * 146 1 the scope. 2 3 MS. MCLAUGHLIN: It's outside the scope of his cross-exam. 4 THE COURT: Anything that was brought up 5 during the course of Mr. Robinsons' cross-examination of 6 your client. 7 Robinson during the course of his cross-examination. 8 9 This issue was not touched upon by Mr. MS. MCLAUGHLIN: With all due respect, Your Honor, he examined Mr. Seward extensively about the 10 factors that went into the decisions to settle and 11 specifically referring to Mr. Gillikin's testimony. 12 13 THE COURT: of his opinion. 14 15 MS. MCLAUGHLIN: But he talked about Mr. Gillikin's testimony. 16 17 But he didn't go into issues THE COURT: I know. I'm aware. But the last couple question, I think, were outside the scope. 18 MS. MCLAUGHLIN: 19 Honor. 20 questions I just asked? 21 that Mr. Seward answered? 22 Okay. I'm sorry, Your Just so I understand, are you referring to the ones that I asked about the -- 23 24 25 Or are you referring to -- and Or are you referring to the THE COURT: Why don't we just ask the question. MS. MCLAUGHLIN: * * Okay. * 147 1 BY MS. MCLAUGHLIN: 2 Q 3 factors and timing of when more earnest settlement 4 negotiations took place. 5 questioning? 6 A Yes. 7 Q Okay. 8 testimony was an influential factor in the decision to 9 settle the case; do you recall that question? On cross-examination Mr. Robinson asked you about Do you recall that line of Yes, I do. And he asked you about whether Mr. Gillikin's 10 A Yes, I do. 11 Q And was Mr. Gillikin's testimony the only factor in 12 the decision to initiate or re-initiate any settlement 13 discussions? 14 MR. ROBINSON: 15 the question, Your Honor. 16 THE COURT: 17 MR. ROBINSON: 18 THE COURT: Just object to the form of 19 What's wrong with the form? I think it's leading. If that's your objection, overruled. 20 MS. MCLAUGHLIN: 21 THE WITNESS: Thank you, Your Honor. No, it wasn't the only 22 reason. There had been thoughts expressed well before 23 that about whether we should settle or not. 24 BY MS. MCLAUGHLIN: 25 Q Okay. And so those other thoughts arose before Mr. * * * 148 1 Gillikin testified? 2 A Oh, absolutely. 3 Q Now, earlier on -- also on cross-exam, you testified 4 that it's not our burden to show a breach; what did you 5 mean by that? 6 A 7 on our motion to set aside the settlement agreement. 8 have to respect that, and I do. 9 plaintiffs' motion, and that's why we're here. 10 Well, I mean, the Court's already ruled against us I Now, the Court's granted So it' my position plaintiff has the burden of going forward. 11 THE COURT: How -- I don't understand your 12 question. What's relevant to the issues extant? 13 asking a procedural issue that I already dealt with. 14 MS. MCLAUGHLIN: You're I realize that, Your 15 Honor. But I was referring to an issue that Mr. Robinson 16 raised on his cross-examination, and a question that the 17 Court had for Mr. Seward during that time as well. 18 BY MS. MCLAUGHLIN: 19 Q 20 amount of money that was to be paid to the plaintiffs as 21 a result of the settlement. 22 consideration. 23 would not go forward, the case would be dismissed. 24 would be no appeals by any party. 25 subsequent agreement outlining the terms of the Mr. Seward, what was the consideration for the A number of elements of the Obviously the first is that the trial * * There That there would be a * 149 1 confidentiality agreement. 2 case in the newspaper. 3 they signed that release and that confidentiality 4 agreement that we would then, though my office, forward 5 my clients' check or checks to the plaintiffs' counsel to 6 bring it to an end. 7 Q 8 agreement "if asked" -- I'm quoting, "If asked, all 9 anyone can say is case has been resolved." Okay. That we wouldn't see this And that we would, you know, once Why was the language in the settlement Why was that 10 put in there? 11 A 12 We talked to the Court about it in the jury chambers. 13 There was the discussions about the confidentiality. 14 soon as I walked out, I see plaintiffs' group around Mr. 15 Egan. 16 played, that while we already told them what was going to 17 go on, I wanted to talk to the Court. 18 chambers, we had the discussion about what could be said, 19 and Ms. Miller asked that question, "Well, can we say 20 it's been resolved in plaintiffs' favor," I'm thinking to 21 myself, "They've already disclosed it to the media." 22 then when Mr. Robinson says, "Of course," I at that 23 point, there was no reason to settle. 24 -- 25 Well, it was because we had reached an agreement. As I'm upset because I think there's games being THE COURT: * When we got into And I was then assured Can I please have a question * * 150 1 and answer format? 2 MS. MCLAUGHLIN: Oh, yes. Yes. Well, I 3 asked him why that clause was put in. 4 the circumstances. 5 BY MS. MCLAUGHLIN: 6 Q 7 decision to put that language into the agreement? But what other factors, if any, went into the 8 9 10 He was explaining MR. ROBINSON: Your Honor, this has certainly been gone into on direct and it is a bit beyond my cross. 11 MS. MCLAUGHLIN: I think that this is at 12 the heart of the case, Your Honor. 13 asked him what that term meant, and specifically -- 14 THE COURT: And Mr. Robinson It seems -- we seem to be 15 going over what you brought out in direct. 16 looking at my notes from the cross-examination and I -- 17 maybe one could argue that it was touched upon during the 18 cross-examination, but you're just going over again what 19 was occurring during -- what he had to say during his 20 direct examination. 21 answers. So I mean, and I'm getting narrative So go ahead. 22 MS. MCLAUGHLIN: 23 MR. SEWARD: 24 25 And I'm Thank you, Your Honor. Am I allowed to finish the answer or no? THE COURT: * Go ahead and ask the question. * * 151 1 BY MS. MCLAUGHLIN: 2 Q 3 factors other than what you just mentioned that went into 4 the decision to put that language in the agreement? 5 A Yes, there were other factors. 6 Q And what were they? 7 A Well, when Mr. Robinson indicated that no one had 8 said anything to the media an assured me that nothing 9 would be said along those lines, then I felt comfortable, I believe the question was; were there any other 10 so that was clear to everybody, because there was media 11 attention. 12 the case was resolved. 13 Q 14 to the Detroit News article, when you indicated that you 15 read it, where did you read it? 16 newspaper itself or did you read it in the on-line 17 version? 18 A On the on-line version. 19 Q And what did you do then? 20 A Well -- 21 Okay. No misunderstanding. All you could say was Speaking of the media attention. MR. ROBINSON: Going back In the paper? The Your Honor, this is 22 definitely beyond the scope of my cross. 23 THE COURT: 24 MS. MCLAUGHLIN: 25 Yes. Your Honor, if I may. An exhibit has been introduced as part of the record that * * * 152 1 was not previously introduced when I first examined Mr. 2 Seward and when Mr. Robinson did his cross-examination 3 that has bearing on the issues here. 4 THE COURT: Okay. Well, and I mean, I 5 thought it has been introduced and forgotten to be 6 attached. 7 8 MS. MCLAUGHLIN: Honor. But it was our intention to introduce -- 9 10 THE COURT: So you want to ask him about that particular article? 11 12 I appreciate that, Your MS. MCLAUGHLIN: Well, I want to ask him about timing related to that article. 13 THE COURT: Okay. 14 MS. MCLAUGHLIN: Go ahead. All right. Thank you. 15 BY MS. MCLAUGHLIN: 16 Q Mr. Seward, I'm going to show you Exhibit Two. 17 A Thank you. 18 Q Is that a copy of the article that your read 19 on-line? 20 A It certainly appears to be, yes. 21 Q From the Detroit News, correct? 22 A Yes. 23 Q All right. 24 A That's what it says. 25 Q And when you read that article, the on-line version, And that was authored by Paul Egan? * * * 153 1 did you do anything with respect to that article? 2 A 3 find out who it was disseminated. 4 Oakland version or whatever. 5 papers, because -- Well, yes. First of all, I ran a Google search to Was it just the And was it in any other 6 THE COURT: How is this relevant? 7 MS. MCLAUGHLIN: Your Honor, as I said, 8 it's relevant to the issues that were raised during Mr. 9 Ryan's testimony as well as -- 10 11 12 13 THE COURT: Exactly what? Relevant to what? MS. MCLAUGHLIN: The timing of the article -- of this article as well as the timing of the -- 14 THE COURT: Let me finish. 15 MS. MCLAUGHLIN: 16 THE COURT: I'm sorry. So he sees the article. 17 runs a Google search. 18 the issues that I have in front of me; was there an 19 He agreement, was the agreement breached? 20 21 How is this possibly relevant to MS. MCLAUGHLIN: Well, it does go to the breach of the agreement, Your Honor. 22 THE COURT: How? 23 MS. MCLAUGHLIN: Mr. Ryan testified that 24 his interview with the Windsor Star was after the Detroit 25 News article was published. * * * 154 1 THE COURT: Okay. 2 MS. MCLAUGHLIN: And the article in the 3 Windsor Star that we had jointly agreed on is dated 4 August 21st. 5 lunch break is apparently dated August 20th. 6 plaintiff's exhibit, number, I think it's Six. 7 issue of the timing I think here is relevant to the 8 breach. 9 The one that Your Honor raised after the THE COURT: That's the So the Okay. 10 BY MS. MCLAUGHLIN: 11 Q Mr. Seward? 12 A Okay. 13 any articles other than the Detroit News article when I 14 did my internet search in the morning. 15 Q 16 that article? 17 A 18 widely it was dispersed. 19 the Windsor Star article. 20 Q 21 search that revealed that nothing had been done. 22 then at some point after that you found an article that 23 mentioned the settlement in the Windsor Star? 24 A 25 Yes, and there had not been -- I did not find And then did you do any other searches related to Yes. Okay. Every day I did the same search to see how And on Saturday, I came across And that was after you had already done a But That's correct. MS. MCLAUGHLIN: * * I believe that's all the * 155 1 questions I have, Your Honor. 2 THE COURT: 3 MR. ROBINSON: 4 THE COURT: Okay. Mr. Seward, thank you very much. 7 THE WITNESS: 8 THE COURT: 9 MR. SEWARD: 10 I don't think so, Your Honor. 5 6 Mr. Robinson, any questions? Thank you. Okay. Next witness. Your Honor, at this time we would call James Duffy to the stand. 11 THE COURT: All right. Mr. Duffy. 12 JAMES E. DUFFY, DEFENDANTS' WITNESS, SWORN 13 DIRECT EXAMINATION 14 BY MR. SEWARD: 15 Q Do you mind telling us your name? 16 A James E. Duffy. 17 Q And you're employed by whom? 18 A MMRA. 19 Q And is the MMRA a self-insurance program for 20 Michigan municipal entities? 21 A Correct. 22 Q And you are assigned as the claims adjustor for this 23 particular case? 24 A Correct. 25 Q Were you present during Wednesday, August 18th, 2009 * * * 156 1 where settlement discussions were had? 2 A Yes, I was. 3 Q And there was an agreement -- at least there was an 4 agreement to resolve this case? 5 A Correct. 6 Q Would you have issued settlement drafts based upon 7 only the agreement number one? 8 A No. 9 MR. SEWARD: I have no other questions -- 10 oh. 11 BY MR. SEWARD: 12 Q Did you ever talk to the media? 13 A No. 14 MR. SEWARD: 15 THE COURT: 16 No other questions. Okay. Mr. Robinson, any questions? 17 CROSS-EXAMINATION 18 BY MR. ROBINSON: 19 Q 20 it, correct. 21 A Correct. 22 Q And you didn't go back and ask Mr. Seward to add any 23 other language either, did you? 24 A No, sir. 25 Q Okay. Mr. Duffy, you read the agreement before you signed And -- I'm sorry. * * You're not a lawyer, * 157 1 correct? 2 A No, sir. 3 Q Okay. 4 confidentiality and so forth and so on? 5 A Mr. Seward's concern. 6 Q I'm sorry. 7 A My concern was to settle the case. 8 Q Did you have a concern about the confidentiality? 9 A Yes. 10 Q Yes or no? 11 A Yes. 12 Q Okay. 13 about that? But you had a concern about the And what did you discuss with Mr. Seward 14 15 Sir, I'm talking about your concern? MR. SEWARD: I think that I have to object based upon the attorney/client privilege, Your Honor. 16 MR. ROBINSON: I'll change it. 17 BY MR. ROBINSON: 18 Q 19 Mr. Seward had drafted, weren't you? 20 A For what? 21 Q In the agreement? 22 right? 23 A As an on-the-spot agreement, yes. 24 Q As an on-the-spot agreement? 25 A Yes. Did you -- were you satisfied with the language that * You were satisfied with it, * * 158 1 Q What does that mean "on-the-agreement"? 2 A That means we drafted the agreement on-the-spot when 3 we had concluded negotiations. 4 Q Suggesting something may have been left out? 5 A Well, there's no release. 6 Q Right? 7 A There's no confidentiality agreement. 8 Q Okay. 9 drafting that document, right? And again, you didn't have a part in that 10 A No, sir. 11 Q Mr. Seward did, right? 12 A That's correct. 13 Q Did I? 14 A I have no idea. 15 Q Quick question. 16 have issued a check on that agreement. 17 say that? 18 A Correct. 19 Q On August 19th, 2009 after you signed it, it was 20 your intent to issue a check, correct? 21 A 22 to have a release that's going to be coming to me. 23 Q Was the case -- and that was a release, correct? 24 A What was a release? 25 Q Okay. You just said that you would not Didn't you just There's some paperwork that has to happen and I have I had no release. Listen to my question. * * What you're making * 159 1 reference to is a document that's going to come later? 2 A That's correct. 3 Q And isn't that sort of characteristically how it 4 happens; you settle a case and then the release comes 5 later? 6 A Yes. 7 Q Because as far as the document is concerned, the 8 case was settled on August the 19th, 2009, right? 9 A 10 Q 11 released. 12 A Correct. 13 Q But the case was settled? 14 A Well, there two -- I can answer your question. 15 can say two things. 16 Q 17 release was to come later? 18 A In my mind? The case was settled, sir? No. The parties had not been I The case was settled on the 19th and the That's correct. 19 MR. ROBINSON: 20 THE COURT: 21 Nothing else. Okay. Anything else? REDIRECT EXAMINATION 22 BY MR. SEWARD: 23 Q 24 25 When you say the case was settled -THE COURT: I would note that in your witness list that you filed, I asked for the proposed * * * 160 1 testimony and this testimony that you solicited from this 2 witness is beyond what you indicated to the Court you 3 were going to be inquiring. 4 me on the record earlier, that I thought his testimony 5 was going to be merely on the issue that he did not 6 disclose the terms of the settlement to anyone. 7 8 MR. SEWARD: And what was represented to That's true. put in our preliminary witness list. 9 THE COURT: That's what we Yes. James Duffy, he did not 10 discuss with any media person regarding the six-figure 11 settlement. 12 MR. SEWARD: 13 THE COURT: That's correct. Okay. What do you want to ask 14 him? 15 BY MR. SEWARD: 16 Q 17 does that mean that you would have issued checks without 18 any other paperwork? 19 A Sir, you were -- when you say the case was settled, No. 20 21 MR. SEWARD: That's it. Thank you, Your Honor. 22 THE COURT: 23 MR. ROBINSON: 24 THE COURT: Okay. 25 All right. Next witness? * Anything else? * Mr. Robinson? No, Your Honor. Thank you. * 161 1 MR. SEWARD: David Gillam, Your Honor. 2 DAVID W. GILLAM, DEFENDANTS' WITNESS, SWORN 3 DIRECT EXAMINATION 4 BY MR. SEWARD: 5 Q Do you mind telling us your name? 6 A David Gillam, last name G-i-l-l-a-m, as in Mary. 7 Q How are you employed? 8 A I'm the city attorney for the City of Royal Oak. 9 Q And how long have you been the city attorney? 10 A In-house approximately three years. 11 approximately a year before that, I did on an out-house 12 basis when I was with the firm of Secrest Wardle. 13 Q Were you ever employed by the city before that? 14 A And then in the 1990s for a period of roughly seven 15 and-a-half years, I was the deputy city attorney for the 16 City of Royal Oak. 17 Q 18 the City of Royal Oak is settled. 19 steps, what you have to go through? 20 For Can you explain to the Judge how a case involving MR. ROBINSON: Just the mechanical Your Honor, I object on the 21 basis of Mr. Seward's preliminary witness list and the 22 limitations of this witness, what his testimony would be. 23 THE COURT: 24 MR. SEWARD: 25 What's the relevance? The relevance -- well, we're getting to the relevance that -* * * 162 1 THE COURT: Well, you're going to have to 2 show me the relevance. 3 expected testimony, he did not have discussions with any 4 media person regarding six figure settlement. 5 also testify as to the necessity of a confidentiality 6 agreement." 7 I have here "David Gillam, MR. SEWARD: He will And that's exactly where 8 we're going with it, Your Honor, that the necessity for a 9 confidentiality agreement -- 10 THE COURT: Well, then go directly to it. 11 MR. SEWARD: Okay. 12 BY MR. SEWARD: 13 Q 14 approved by the city counsel? 15 A Yes. 16 Q I'm sorry. 17 particular case, was there a need for a confidentiality 18 agreement? 19 A 20 under the law. 21 Q What do you mean by that? 22 A Well, there's been earlier testimony today about the 23 Freedom of Information Act. 24 and release agreement that was generated as part of this 25 case -- To approve this settlement, does it have to be City commission, that's correct. The city commission. In regards to this In my opinion, yes, to the full extent possible * * If there was a settlement * 163 1 THE COURT: How is this relevant to; was 2 there agreement, what were the material terms of the 3 agreement and was there a breach? 4 MR. SEWARD: It goes to what were the 5 material terms of the agreement are, Your Honor. 6 second paragraph it says that one can -- "If asked, all 7 that one can say is the case is resolved." 8 next sentence talks about confidentiality agreement, and 9 that's a material fact, that's a material factor that 10 And then the prompts us to settle the case. 11 12 In the THE COURT: Did he participate in any settlement negotiations? 13 MR. SEWARD: Yes, he did. 14 THE COURT: Your affidavit. "The only 15 parties present during those negotiations were Judge Cox, 16 Plaintiffs' Attorneys David A. Robinson, Racine Miller 17 and myself." 18 19 MR. SEWARD: that's a correct statement. 20 21 THE COURT: 24 25 Did he participate in negotiations with Mr. Robinson and Ms. Miller? 22 23 In chambers, absolutely, MR. SEWARD: Through the Court, absolutely yes. THE COURT: testimony is relevant. * I don't see where his He did not negotiate any terms of * * 164 1 the purported agreement with plaintiffs' counsel. 2 MR. SEWARD: He expressed his request, his 3 desire, his need to have a confidentiality agreement in 4 that jury room and the Court was present. 5 THE COURT: Did he express that to Mr. 6 Robinson and Ms. Miller that -- did he request 7 confidentiality agreement or discuss that issue at all 8 with him, with them? 9 MR. SEWARD: 10 THE COURT: 11 MR. SEWARD: 12 question. I do not know. You don't? No, I never asked him that I have no reason to believe he did. 13 THE COURT: Well, ask him that question. 14 BY MR. SEWARD: 15 Q 16 agreement with Ms. Miller or Mr. Robinson? 17 A 18 19 20 Did you discuss the terms of the confidentiality No, I did not. THE COURT: Did you negotiate the terms of the settlement at all with Mr. Robinson or Ms. Miller? THE WITNESS: I haven't had any dealings 21 directly with either Mr. Robinson or Ms. Miller. 22 had discussion with Mr. Seward about settlement. 23 THE COURT: 24 I've that I asked you is what? 25 So the answer to the question THE WITNESS: * * The answer to the question * 165 1 is to the conversation with Mr. Robinson and Ms. Miller, 2 the answer is no, Your Honor. 3 THE COURT: Very good. 4 BY MR. SEWARD: 5 Q 6 have a confidentiality agreement? 7 A Now, is it a material requirement for the city to Yes. 8 9 MR. SEWARD: The Court is shaking his head no? 10 THE COURT: 11 MR. SEWARD: 12 What's the relevance? The Court's opinion asked whether the material -- 13 THE COURT: The relevance is what the 15 MR. SEWARD: I understand that and -- 16 THE COURT: And he didn't negotiate the 14 17 agreement was. agreement. 18 MR. SEWARD: Well, Your Honor, I guess we 19 don't agree as to that. 20 indicated his requirements. 21 is material to us unless we get it through the testimony. 22 The Court seems to be tying our hands trying not to have 23 that come in. 24 25 He did negotiate. THE COURT: He's How else can we get out what That's your characterization of it. * * * 166 1 MR. SEWARD: 2 THE COURT: Yes, that's true. I think his testimony based 3 upon what information provided with right now is 4 irrelevant. 5 through counsel. 6 settlement negotiations. The parties negotiated the settlement 7 He was not part of any of these MR. SEWARD: Your Honor, I have to make 8 yet another motion to recuse yourself. 9 a bias against my clients that appear to that -- 10 THE COURT: 11 MR. SEWARD: 12 You've indicated Mr. Seward -Well, can I make my motion, Your Honor? 13 THE COURT: 14 MR. SEWARD: Will I be allowed to at some THE COURT: You've made another motion to 15 point? 16 17 recuse. 18 19 Not right now. MR. SEWARD: Well, I'd like the basis, because it's different than what we've done in the past. 20 THE COURT: You can file a written motion. 21 MR. SEWARD: Okay. Thank you. 22 BY MR. SEWARD: 23 Q Have you had a chance to review Exhibit One? 24 A Not today, but previously, yes. 25 Q Have you seen the newspaper article, the Detroit * * * 167 1 News? 2 A Yes. 3 Q Do you believe that that's a material breach of the 4 agreement? 5 A In my opinion, yes. 6 Q And why is that? 7 8 MR. ROBINSON: I would say that that's a question for the Court. 9 THE COURT: I will decide that issue. 10 MR. SEWARD: I made that same objection 11 with Mr. Ryan and the Court overruled me on that one, so 12 I thought it was fair game. 13 THE COURT: You can ask him if he thought 14 there was a breach. Go ahead, ask the question. 15 BY MR. SEWARD: 16 Q Do you think there was a breach? 17 A In my opinion, yes. 18 Q Explain your answer, please. 19 A Could I refer to the exhibit, Mr. Seward? 20 Q Yes. 21 A Thank you. 22 paragraph, "If asked, all anyone can say is the case has 23 been resolved." 24 appeared in both the news article and the Windsor Star 25 articles are contrary to the language, that part of the The first sentence of the second In my opinion the statements that * * * 168 1 agreement. In fact, I received a telephone call from -- 2 THE COURT: 3 THE WITNESS: 4 THE COURT: 5 And you've practiced for how THE WITNESS: Twenty-three years, Your Honor, the same as Mr. Robinson. 8 9 Yes, sir. many years? 6 7 Sir, you're a lawyer? THE COURT: And so in fact, "I received a telephone call," were you going to tell me, discuss what 10 someone said in a telephone call to you? 11 MR. SEWARD: Oh, Your Honor, I would 12 suggest when I asked him to explain why he thinks that, I 13 would not offer it for the truth of the matter asserted, 14 Your Honor. 15 16 THE COURT: Excuse me. Are you getting ready to make some sort of hearsay statement. 17 THE WITNESS: 18 THE COURT: Your Honor, what I was -- Just answer the question 19 specifically, okay? 20 BY MR. SEWARD: 21 Q 22 breach? 23 A 24 newspaper articles go far above and beyond the statement 25 that the case has been resolved. Okay. Can you explain why you believe that was a I think the statements that appeared in the * * * 169 1 Q Okay. What was your understanding of what the 2 settlement -- what was the benefit to the city in 3 settling this case? 4 representative of the city expecting out of this? 5 the value to the city? 6 A 7 a known settlement as opposed to a potentially unknown 8 jury verdict. 9 benefits would have been to the fullest extent What was it from your perspective as What's Well, I mean, it's -- I mean, you have the value of But above and beyond that, one of the 10 permissible under law would be to limit the disclosure of 11 the terms of the settlement and to eliminate or minimize 12 any comments related to that settlement. 13 Q Why is that important? 14 A From my perspective as a city attorney, the decision 15 to settle this case was a business decision. 16 through the city commission, city administrators -- 17 18 THE COURT: What's the relevance of this? 19 20 Okay. The city, MR. SEWARD: It goes to what is material. The Court -- 21 THE COURT: It's not relevant. His 22 testimony right now is not relevant to the issues extant. 23 Okay. 24 BY MR. SEWARD: 25 Q What is the material terms for this city? * * * 170 1 A In this agreement? 2 3 THE COURT: What are the material terms for the city? 4 MR. SEWARD: 5 THE WITNESS: 6 Correct. For the defendants. In this particular agreement? 7 MR. SEWARD: Yes. 8 THE WITNESS: 9 one is the total amount of the settlement. Well, I think three. Number Number two is 10 the statement that I had referenced previously. 11 asked, all anyone can say is the case has been resolved. 12 And then number three, the reference in the following 13 sentence to a subsequent agreement which would set forth 14 the specific terms of a confidential agreement. 15 BY MR. SEWARD: 16 Q Why are those last two important to the defendants? 17 A As I indicated before, the settlement in this case 18 was a business decision on the part of the city. 19 the course of everyday activities, the city, through the 20 city commission, city administrator -- 21 22 MR. ROBINSON: If And in Your Honor, I'm going to object again. 23 THE COURT: 24 I'm going to strike that testimony. 25 Yes, absolutely. BY MR. SEWARD: * * * 171 1 Q What's important to the defendants? 2 money is this? 3 THE COURT: Whose actual To show that -- what's 4 material issue -- what are the material terms, Your 5 Honor. 6 THE COURT: Did I miss something in his 7 anticipated testimony? 8 necessity of the confidentiality agreement." 9 about him testifying about the material terms of any 10 "He will testify as to the Nothing agreement or breach thereof. 11 MR. SEWARD: I'm confused, Your Honor. 12 Your opinion says that those are the issues that are 13 present -- 14 THE COURT: See, one of the reasons why we 15 do this, send out these orders is so we will know who is 16 going to testifying, what they can -- what they plan on 17 testifying to for the evidentiary hearing that you 18 requested. 19 MR. SEWARD: Okay. 20 BY MR. SEWARD: 21 Q 22 agreement; can you explain that, please? 23 A 24 would like to be able to limit comments which are going 25 to add fuel to second-guessing of the city's decision. Why is there a necessity for the confidentiality To the fullest extent possible under the law we * * * 172 1 We're going to be second-guessed anyway. 2 regular basis for any decision that's made. 3 of a settlement to the fullest extent possible, again, we 4 would like to be able to limit any comments that are 5 going to call the city's judgment into question. 6 MR. SEWARD: 7 THE COURT: 8 MR. ROBINSON: 9 We are on a And as part Thank you. Okay. Any questions? Just briefly, Your Honor. CROSS-EXAMINATION 10 BY MR. ROBINSON: 11 Q Mr. Gillam -- 12 A Gillam, correct. 13 Q You read the article in the Windsor Star, did you 14 not? 15 A Yes, I -- 16 Q Both dates? 17 A I don't know if I've seen the second one or not, to 18 be honest. 19 Q 20 Jenke*, is it? 21 A Jenke, the Police chief, yes, I am. 22 Q Okay. 23 comments in the Windsor Star, correct? 24 A 25 I've heard that there were comments in the other article. I know I have seen the one. You are aware of the person by the name of Chief You're aware that Chief Jenke also made Again, I've seen the one article from the News and * * * 173 1 Yes. I believe you, yes. 2 Q 3 a direct answer? 4 A 5 could you repeat the question for me? 6 Q 7 this case in the Windsor Star on both the 20th and the 8 21st, correct? 9 A Yes, I have that information, yes. 10 Q And from your analysis of Mr. Ryan's comment to the 11 Detroit News and to the Windsor Star, you would have to 12 agree that Chief Jenke's comments in your estimation 13 would have gone outside the scope of what you hold in 14 your hand there, Exhibit One, correct? He asked you a direct question. I'm sorry, Mr. Robinson. Could you give him I'm not trying to avoid -- You're aware that Chief Jenke made comments about 15 MR. SEWARD: I don't know that's he's 16 established a foundation that he knows the specific words 17 of Chief Jenke. 18 19 MR. ROBINSON: I would be happy to show him, Your Honor. 20 THE COURT: 21 THE WITNESS: 22 two Windsor articles. 23 second one. 24 Q I know I've seen one of the BY MR. ROBINSON: 25 Did you read the articles? I don't know if I've seen the And I did see the Detroit News article, yes. Would you like to see the other article? * * * 174 1 A It would help me answer your question, yes. 2 MR. ROBINSON: 3 THE COURT: 4 THE WITNESS: May I, Your Honor? Sure. This appears to be pretty 5 much the same quotations that appeared in the News 6 article, so I can't say for sure. 7 the other one, then I could tell you for sure. 8 BY MR. ROBINSON: 9 Q If you could show me Just with respect, do you see anything in the 10 article attributable to Chief Jenke? 11 A Yes, sir. 12 Q Okay. 13 read? 14 A 15 comments look familiar, but I don't now if it's from this 16 article or from the Detroit News article. 17 Q 18 what it is that you have before you? 19 A Yes, sir. 20 Q And again, I'd ask you the question; apparently in 21 your estimation the comments of Chief Jenke would also go 22 outside of the scope of agreement number one, correct? 23 A Yes. 24 Q And you understand -- you talked about the 25 confidentiality and its relationship to the City of Royal And is that the article that you did see and Again, I don't remember if I saw and read this. The Are they comments attributable to Chief Jenke in * * * 175 1 Oak. Sir, you are familiar with ordinance number 2009, 2 an ordinance to establish standards of conduct for all 3 elected and appointed city officials? 4 5 MR. SEWARD: Object to the relevancy, Your Honor. 6 THE COURT: 7 MR. ROBINSON: 8 What's the relevancy? Mr. Seward, again, has offered this witness to talk about -- 9 THE COURT: All right. We'll stop at this 10 point. I'll see everyone up in Flint tomorrow at 8:00 in 11 the morning. 12 must be present just in case the plaintiff may want 13 rebuttal. 14 15 Everyone that's been called as a witness, MR. SEWARD: May I ask that Mr. Duffy be excused? 16 THE COURT: No. 17 MR. ROBINSON: Mr. Seward, -- apparently, 18 I got a text from my office that Mr. Seward has served my 19 office with a subpoena for Mr. McGuire. 20 in Alberta, Canada. 21 THE COURT: 22 MR. ROBINSON: Mr. McGuire is Right. It would be virtually 23 impossible for Mr. McGuire to be here, unless, of course, 24 Mr. Seward wants to fly him here at his expense. 25 Certainly there was no reasonable notice, as it were, to * * * 176 1 have Mr. McGuire here by way of subpoena. 2 THE COURT: 3 Do you want to fly him in at your expense? 4 MR. SEWARD: Absolutely not. We were 5 relying upon plaintiffs' witness list that says number 6 one, Timothy McGuire would be present at his hearing. 7 Likewise, on our witness list we put in that we expected 8 Mr. McGuire to be here. 9 surprise. 10 11 So it's not coming as any THE COURT: Okay. The second thing is your motion to disqualify is based upon what? 12 MR. SEWARD: What I just was making? 13 THE COURT: Right. 14 MR. SEWARD: Yes. Okay. 455(b)(1)(A). 15 Your Honor has shown some -- a clear bias against the 16 defendants. 17 to do plaintiffs work and find -- First of all, the Court took it upon itself 18 THE COURT: 19 MR. SEWARD: 20 MS. MCLAUGHLIN: 21 THE COURT: 22 MS. MCLAUGHLIN: 23 24 25 Fifty-five one five (b), what? 455(b)-28 U.S.C. 455(b)(1) Okay. Give it to me again. Sorry. 28 U.S.C. 455 (b)(1) THE COURT: Okay. Just give me a minute. (Court in recess at 2:35 p.m.) * * * 177 1 (Court in session at 2:36 p.m.) 2 THE COURT: 3 front of me, (b)(1). 4 All right. I've got 455 in contention? 5 Specifically, what is your MR. SEWARD: Our contention is that the 6 Court has not been impartial and has shown that the Court 7 has not been impartial. 8 itself -- The Court has taken it upon 9 THE COURT: Specifically, how? 10 MR. SEWARD: First of all, by finding the 11 article from the Windsor Star that's dated August 20th, I 12 believe, when it had not been admitted by anyone and had 13 not been objections -- it's clear to the defendants -- 14 THE COURT: How else? 15 MR. SEWARD: Second of all, it's in 16 restricting the defendants' cross-examination -- or the 17 questioning of Dave Gillam and myself in regards to what 18 the terms are and so forth. 19 different standards; one for the plaintiff where it's 20 wide open and anything can be brought it. 21 the defendants any time that holds against what appears 22 to be the Court's preconceived decision, the Court will 23 find ways to not allow it in. 24 25 THE COURT: else? The Court seems to apply two And then as to And specifically, anything Specifically. * * * 178 1 MR. SEWARD: 2 THE COURT: As of today, that is it. Your motion is denied. It has 3 no basis. Again, another motion to disqualify to recuse, 4 no basis. Another attempt to delay this proceeding, the 5 resolution of this case. 6 All right. Everybody -- I'm ordering Mr. 7 Duffy, Mr. Warner, Gale, Gillam at the Flint courthouse 8 tomorrow no later than 8:00 tomorrow morning. 9 10 MR. ROBINSON: Okay? Your Honor, are you including Mr. Ryan? 11 THE COURT: I thought I said Mr. Ryan. 12 MR. ROBINSON: 13 THE COURT: You didn't but -- I thought I did. All right. 14 Everyone that was here today, 8:00 tomorrow morning in 15 Flint. 16 motions filed in the middle of the night? 17 MS. MILLER: Not from us, Your Honor. 18 MR. SEWARD: We have to discuss that, Your 19 Are you anticipating -- am I going to see some Honor. 20 THE COURT: Well, I hope they won't be 21 frivolous or go over that which has already been covered. 22 Because if it is, then you're looking at sanctions. 23 right? 24 tomorrow morning, Flint. 25 Severe sanctions. All right. All See everyone up And defendants -- after Mr. Gillam, it's * * * 179 1 my understanding it's Mr. Warner and Mr. Gale; is that 2 correct? 3 MR. SEWARD: 4 THE COURT: And Mr. McGuire. We'll see about Mr. McGuire. 5 And what is the anticipated testimony again of Mr. Gale 6 and Mr. Warner? 7 8 MR. SEWARD: That they did not disclosure "six-figure settlement." 9 THE COURT: Okay. That's what's been 10 represented to me, I thought by Ms. McLaughlin earlier 11 before we broke for lunch as well as what's on your 12 witness list. 13 14 15 Okay. Thank you. (Court in recess at 2:40 p.m.) * * * * * * 16 17 18 19 20 21 22 23 24 25 180 $ 179/8 179/14 8:30 [1] 96/6 $40 [1] 16/22 A ' '09 [1] 109/21 -v [1] 1/6 0 05-40185 [3] 1/6 4/9 138/6 1 12 [4] 1/12 2/3 4/2 130/19 12:30 [2] 76/23 77/3 12:31 [1] 137/25 13 [1] 112/10 13th [4] 93/22 93/23 94/3 94/8 16 [1] 138/20 18th [3] 33/5 62/20 156/25 1983 [3] 93/10 127/13 145/16 1986 [1] 83/3 1990s [1] 162/14 19th [29] 9/3 11/1 11/21 20/7 21/9 21/24 22/22 23/3 47/6 47/11 64/8 68/21 83/17 84/5 88/19 91/21 92/13 94/1 96/1 110/1 112/10 118/11 120/5 120/20 122/23 130/19 159/19 160/8 160/16 1:15 [2] 77/5 137/11 1:38 [1] 138/2 2 20 [1] 142/8 2009 [29] 1/12 2/3 4/2 9/13 20/8 21/9 21/25 22/23 23/3 33/5 47/6 47/12 68/21 84/5 88/20 91/21 92/13 110/1 118/11 120/5 120/10 122/3 122/16 122/23 140/10 156/25 159/19 160/8 176/1 20th [8] 9/12 120/10 139/6 141/2 141/16 155/5 174/7 178/11 21 [1] 9/13 21st [3] 141/21 155/4 174/8 231 [2] 1/11 1/19 23rd [1] 127/13 257 [2] 1/10 1/19 26 [1] 145/17 28 [2] 177/20 177/22 2:30 [2] 76/24 77/6 2:35 [1] 177/25 2:36 [1] 178/1 2:40 [1] 180/14 2nd [1] 140/9 3 31st [2] 112/9 130/16 4 40185 [3] 1/6 4/9 138/6 45 [4] 5/10 16/12 16/15 16/16 455 [5] 177/14 177/19 177/20 177/22 178/2 48226 [2] 1/11 1/20 5 50 [6] 52/21 52/22 59/14 59/17 59/17 59/18 6 60 [3] 119/18 138/17 139/25 611 [6] 37/11 40/19 43/4 43/14 103/5 134/24 8 8:00 [7] 77/1 77/9 96/5 96/7 176/10 a.m [1] 4/3 abide [1] 91/24 abided [2] 22/15 22/21 able [6] 15/11 84/9 135/24 136/3 172/24 173/4 about [151] 4/3 5/10 9/25 10/21 10/23 11/1 11/19 12/4 21/17 21/22 22/10 22/12 30/17 30/23 30/25 31/13 31/24 32/8 33/13 33/19 34/21 34/23 35/2 35/17 36/10 36/21 36/24 37/8 37/9 37/22 37/22 38/7 38/7 38/10 38/18 38/25 39/1 39/8 39/10 39/18 40/7 40/7 41/18 41/25 42/3 42/5 42/6 42/17 43/2 43/18 46/12 46/16 46/17 48/7 53/14 54/7 54/8 55/13 65/12 70/25 71/8 74/11 74/14 75/13 76/24 77/5 79/13 79/21 80/11 80/14 81/5 81/7 82/6 82/12 83/24 83/25 93/16 94/6 94/22 95/8 95/11 96/23 97/4 97/20 97/24 98/17 98/22 99/7 99/19 100/7 100/8 103/3 104/19 105/7 106/13 107/18 108/15 109/6 110/22 113/21 114/10 115/5 115/15 116/4 116/4 117/17 118/8 118/9 118/14 118/15 119/9 119/10 121/20 122/19 123/6 124/24 125/20 126/20 129/11 129/12 129/15 131/1 135/25 137/9 137/10 145/17 146/19 147/9 147/14 147/22 148/2 148/7 148/23 150/12 150/13 150/18 153/9 153/12 158/3 158/6 158/8 158/13 163/22 164/8 165/22 172/9 172/9 174/6 175/24 176/8 180/4 above [2] 169/24 170/8 absolutely [40] 9/5 15/17 18/10 37/13 48/11 51/24 51/25 55/21 59/25 73/20 92/12 95/24 97/3 104/8 105/21 105/23 107/16 108/7 109/10 110/17 111/10 112/22 117/15 119/22 123/17 124/4 126/22 128/1 128/9 128/14 130/9 133/12 133/15 140/15 142/6 149/2 164/18 164/22 171/23 177/4 acceptable [2] 79/20 113/17 accompanied [1] 114/20 accurately [4] 34/15 34/18 35/4 35/13 acknowledged [2] 50/23 54/25 across [1] 155/18 act [10] 99/8 108/2 132/15 132/21 133/4 133/9 134/8 135/12 135/20 163/23 activities [1] 171/19 actual [6] 82/17 99/9 123/9 133/19 134/21 172/1 actually [4] 13/25 19/3 35/23 103/25 add [2] 157/22 172/25 addition [3] 39/2 40/8 42/10 additional [1] 42/3 addressed [1] 74/5 adequately [1] 51/2 adjusted [1] 77/2 adjustor [1] 156/22 administrator [3] 13/25 14/1 171/20 administrators [1] 170/16 admissible [1] 54/19 admission [6] 92/18 97/24 98/10 133/22 141/11 141/12 admit [3] 138/14 142/12 142/13 admitted [21] 6/8 7/11 8/14 9/23 25/21 29/24 54/9 55/15 56/15 99/4 99/14 112/8 139/5 140/6 140/18 141/2 141/20 142/17 142/21 143/14 178/12 advance [1] 65/15 adverse [1] 136/6 advise [1] 135/7 advisement [1] 60/4 affidavit [14] 103/5 109/20 109/22 111/4 112/9 112/14 112/19 130/15 130/22 131/14 131/18 132/10 137/22 164/14 after [37] 17/25 21/9 33/17 45/23 48/18 55/1 58/18 63/18 64/3 70/24 76/23 79/13 91/9 94/6 94/8 94/9 95/1 99/18 100/15 101/16 102/10 106/25 112/10 114/16 117/12 117/25 118/2 118/4 119/13 130/19 137/13 154/24 155/4 155/20 155/22 159/19 179/25 afternoon [2] 33/18 68/22 afterwards [1] 84/7 again [30] 11/6 11/24 17/23 26/7 32/17 37/15 49/5 60/7 60/10 80/9 80/10 87/19 88/21 94/19 98/7 105/3 115/14 134/24 144/13 151/18 159/8 171/22 173/3 173/24 175/14 175/20 176/7 177/21 179/3 180/5 against [7] 20/8 124/6 124/8 149/6 167/9 177/15 178/21 agency [1] 136/18 ago [2] 5/10 132/14 agree [40] 9/2 9/16 9/20 30/8 30/12 62/14 65/1 70/3 72/12 72/16 73/8 73/21 79/25 83/11 86/1 86/7 86/18 86/25 87/3 87/7 87/11 87/15 88/3 88/8 89/11 89/15 89/15 89/21 90/16 90/18 90/19 90/21 91/3 101/13 101/14 120/3 124/23 128/22 166/19 174/12 agreeable [5] 60/9 60/16 61/3 61/6 61/11 agreed [10] 5/16 64/10 87/22 88/18 109/5 126/4 126/24 138/13 142/6 155/3 agreeement [1] 6/7 agreement [233] agreement's [1] 59/1 agreements [4] 83/8 133/7 136/20 144/6 ahead [16] 24/12 34/17 37/18 57/24 63/15 105/2 114/12 116/6 117/3 117/9 131/6 145/22 151/21 151/25 153/13 168/14 al [2] 1/4 1/7 Alberta [1] 176/20 all [122] 5/11 6/4 7/7 7/12 10/9 12/1 12/21 13/10 13/17 18/7 19/15 24/14 25/1 25/4 25/5 27/3 27/7 28/14 28/24 30/9 40/22 41/15 42/18 46/2 47/15 49/1 49/10 49/21 50/17 50/21 51/4 52/18 54/15 55/5 56/4 57/24 58/4 58/17 60/6 61/16 63/15 64/24 65/14 65/15 67/16 69/4 69/7 69/20 72/19 72/20 72/20 74/18 75/11 76/5 76/19 83/11 83/14 86/1 89/11 89/17 90/7 92/5 93/16 97/14 98/16 101/10 101/12 102/7 102/20 105/17 106/13 106/14 107/8 107/11 108/3 108/14 108/24 116/8 116/24 119/20 120/19 123/6 124/9 125/5 125/7 125/17 129/6 134/1 134/3 134/4 138/15 140/6 140/23 143/14 143/17 144/7 144/7 146/18 147/8 150/8 152/11 153/14 153/23 154/2 155/25 156/11 161/25 164/6 165/7 165/19 168/22 171/11 176/2 176/9 177/16 178/2 178/10 178/15 179/6 179/13 179/22 179/23 allegation [8] 23/18 23/19 23/24 24/2 24/4 24/7 45/16 49/7 allegations [2] 51/15 54/16 allege [1] 120/9 allow [4] 40/19 107/25 132/7 178/23 allowed [2] 151/23 167/14 allows [3] 7/4 7/5 85/23 almost [1] 129/21 A along [2] 108/3 152/9 already [21] 10/7 10/9 11/7 12/8 14/2 31/16 41/22 45/13 45/14 46/20 46/21 55/2 58/23 67/21 87/14 149/6 149/13 150/16 150/21 155/20 179/21 also [15] 12/14 28/5 39/11 42/9 46/10 46/11 79/24 81/3 105/24 115/9 132/13 149/3 163/5 173/22 175/21 alternatives [1] 66/25 although [4] 29/24 51/14 52/12 54/15 always [3] 93/21 97/5 99/11 am [21] 5/5 14/11 30/21 30/22 50/6 50/12 50/15 52/3 68/19 70/17 75/17 79/2 98/21 119/3 122/9 123/3 131/15 133/9 151/23 173/21 179/15 ambiguity [1] 130/4 ambiguous [2] 125/15 130/8 amendment [5] 84/8 84/10 84/21 124/10 124/12 among [1] 102/22 amount [43] 13/12 21/8 21/10 21/17 22/8 22/13 23/5 24/3 29/16 47/8 47/18 47/21 48/2 48/4 57/18 57/19 58/2 58/3 75/13 76/4 76/7 83/22 84/1 84/2 84/13 85/5 86/14 91/25 96/23 99/10 103/13 104/21 105/9 108/11 120/5 123/10 126/24 130/7 134/10 135/1 144/3 149/20 171/9 amounts [4] 7/25 8/2 13/9 13/11 analysis [1] 174/10 and-a-half [1] 162/15 and/or [5] 71/2 87/17 92/17 94/13 101/18 ANN [1] 1/16 Anne [2] 4/22 122/1 another [6] 67/7 86/15 167/8 167/16 179/3 179/4 answer [30] 23/23 31/9 32/1 36/4 40/2 67/8 87/23 89/6 90/10 90/10 90/11 100/13 111/15 114/17 120/25 127/5 127/6 131/9 145/18 146/15 151/1 151/24 160/14 165/23 165/25 166/2 168/18 169/18 174/3 175/1 answered [6] 36/2 110/14 121/19 135/9 135/10 147/21 answering [1] 98/19 answers [2] 37/9 151/21 Anthony [2] 77/18 77/19 anticipate [1] 108/24 anticipated [2] 172/7 180/5 anticipating [1] 179/15 any [133] 5/20 5/21 8/21 8/21 9/15 11/2 11/23 14/13 14/22 14/24 15/15 16/1 16/2 18/17 21/9 21/24 22/25 23/2 23/5 23/18 24/2 28/1 35/23 43/5 43/12 45/17 45/17 45/23 46/2 48/9 49/4 49/5 51/12 51/15 51/22 52/19 52/19 54/19 55/25 56/1 56/12 56/20 57/8 57/10 58/14 59/25 62/9 62/11 63/11 65/16 66/17 66/17 66/17 70/7 70/9 70/10 71/24 72/2 72/3 72/6 74/5 74/8 75/18 76/12 80/11 80/24 82/6 84/6 84/11 90/16 90/19 92/7 94/21 95/7 97/8 97/9 97/24 98/9 99/1 99/2 99/3 99/3 99/12 104/19 105/7 108/8 109/9 112/18 113/7 117/25 118/8 118/10 118/13 118/13 118/21 118/22 125/14 129/16 132/18 133/13 133/22 134/3 137/13 138/14 142/25 143/9 143/12 145/7 146/2 148/12 149/24 151/6 152/2 154/4 155/13 155/15 156/2 157/15 157/22 161/10 161/18 163/3 164/11 164/25 165/20 167/5 170/12 172/9 173/2 173/4 173/7 177/8 178/21 anybody [9] 21/10 22/10 22/13 24/18 45/16 72/3 80/20 106/13 125/20 anyone [26] 22/11 24/3 28/14 28/24 30/9 47/15 49/21 50/21 55/19 70/8 74/18 75/11 76/5 105/17 107/13 125/6 133/24 134/2 135/14 135/25 136/5 150/9 161/6 168/22 171/11 178/12 anyone's [2] 28/5 84/20 anything [39] 21/17 22/7 22/12 23/11 35/1 42/18 48/8 49/8 55/22 57/13 58/15 71/4 72/9 80/20 80/23 81/7 88/6 90/14 91/25 92/6 107/10 107/24 110/22 113/16 113/19 114/21 122/24 130/10 132/10 145/8 146/3 147/4 152/8 154/1 160/20 161/22 175/9 178/20 178/24 anyway [1] 173/1 anywhere [2] 23/19 57/12 apologize [9] 20/8 25/24 34/8 49/23 50/8 53/6 81/14 135/15 144/12 apology [13] 35/18 36/10 37/8 38/17 39/1 39/12 39/15 40/6 40/9 42/1 42/13 42/16 48/8 apostrophe [1] 32/3 apparent [1] 57/14 apparently [6] 10/25 13/19 140/19 155/5 175/20 176/17 appeals [1] 149/24 appear [3] 10/19 16/2 167/9 appearance [2] 18/19 99/1 appearances [2] 1/13 4/11 appeared [5] 132/14 133/14 168/24 169/23 175/5 appearing [5] 1/14 1/17 4/14 4/17 4/22 appears [3] 153/20 175/4 178/21 applies [3] 52/24 136/9 136/16 apply [4] 134/8 135/20 136/15 178/18 appointed [1] 176/3 appreciate [2] 88/21 153/7 approach [8] 11/17 13/4 18/14 27/8 72/25 109/14 139/7 140/21 approached [1] 14/17 appropriate [3] 59/18 64/23 106/23 approve [1] 163/13 approved [1] 163/14 approximately [2] 162/10 162/11 are [101] 5/1 5/25 6/1 6/4 9/15 9/23 9/24 10/9 10/11 10/23 14/6 15/5 18/22 19/8 23/16 25/20 26/11 38/2 39/14 40/13 41/6 44/21 49/20 50/13 50/19 51/15 51/21 51/22 52/1 52/16 54/6 54/21 55/5 57/20 60/21 66/14 66/25 67/6 68/18 70/14 77/2 81/11 81/11 81/17 83/11 85/1 88/7 92/25 93/6 111/3 113/20 114/24 116/9 116/18 117/1 117/22 121/23 121/24 122/8 122/12 122/15 123/1 123/8 125/12 128/21 129/11 129/20 132/22 133/7 134/23 137/7 138/17 138/22 138/25 139/2 139/14 140/13 140/24 145/1 147/19 147/20 147/21 156/22 162/7 164/5 168/25 169/15 171/2 171/16 172/4 172/12 172/12 172/24 173/1 173/4 173/19 175/17 176/1 178/18 179/9 179/15 aren't [2] 122/23 129/18 arguably [1] 50/2 argue [1] 151/17 arguing [1] 36/2 argument [9] 49/19 50/9 54/2 55/8 56/3 56/25 57/1 89/3 133/6 arguments [1] 53/25 arise [1] 93/18 arose [2] 97/1 148/25 around [6] 45/3 45/6 45/10 88/9 95/1 150/14 arriving [1] 134/19 article [58] 9/11 9/14 29/8 30/2 31/17 34/13 35/13 46/7 48/18 55/1 57/23 58/24 122/3 122/15 122/19 132/13 132/17 132/23 139/4 139/6 139/24 140/19 141/1 141/16 141/22 141/25 142/8 142/11 142/12 142/21 152/14 153/10 153/12 153/18 153/25 154/1 154/12 154/13 154/16 154/25 155/2 155/13 155/16 155/19 155/22 167/25 168/24 173/13 173/24 173/25 174/23 174/25 175/6 175/10 175/12 175/16 175/16 178/11 articles [26] 5/23 5/23 5/25 6/2 106/16 106/20 107/17 107/18 138/12 138/16 138/16 139/14 139/20 140/6 140/17 140/18 141/12 141/20 141/23 142/4 142/16 155/13 168/25 169/24 174/20 174/22 as [152] 7/5 10/8 10/11 11/2 12/2 12/21 13/14 13/14 13/22 13/22 14/22 15/4 15/22 15/25 16/2 20/24 21/15 21/15 22/4 23/17 24/7 26/11 29/5 33/9 36/5 40/24 40/25 41/6 41/9 42/20 43/12 46/13 50/13 50/18 52/15 54/5 54/24 55/4 55/18 56/14 56/25 57/15 57/16 57/17 58/4 58/21 58/22 59/5 59/6 59/20 59/20 59/21 59/21 60/2 60/2 63/8 63/24 65/1 65/11 65/23 66/1 66/8 66/11 66/12 66/17 74/2 74/13 76/10 81/24 82/9 83/22 84/3 84/4 84/13 85/4 85/7 86/22 87/19 89/1 92/12 95/10 97/2 97/12 97/23 98/9 102/2 102/2 103/12 109/18 110/15 112/4 112/7 112/14 113/6 115/1 117/12 117/12 120/2 121/4 121/4 124/6 126/23 129/6 131/21 132/19 135/13 136/20 136/24 140/9 141/3 141/7 141/15 142/18 142/24 143/3 143/11 143/23 144/11 144/23 149/17 149/20 150/13 150/14 152/25 154/7 154/9 154/9 154/13 154/13 156/22 158/23 158/24 160/7 160/7 162/6 163/5 163/24 166/19 169/7 170/3 170/7 170/14 171/17 172/7 173/2 176/11 176/25 177/8 178/20 179/1 180/11 180/11 aside [3] 44/18 119/18 149/7 ask [36] 6/7 29/13 30/4 31/8 38/2 38/10 39/13 40/21 41/10 41/17 41/21 41/23 43/3 43/13 43/17 49/4 52/8 67/16 78/8 80/9 90/6 103/1 113/6 116/3 116/4 147/23 151/25 153/9 153/11 157/22 161/13 165/13 168/13 168/14 175/20 176/14 asked [79] 14/20 23/21 28/14 28/24 30/9 30/25 31/13 31/15 34/22 35/4 35/6 35/8 36/5 38/13 42/1 46/19 47/7 47/8 47/15 47/17 47/21 49/21 50/20 64/9 74/18 75/9 75/13 76/5 83/25 84/1 84/20 88/14 88/22 89/23 90/2 90/4 90/21 95/16 99/6 100/7 102/11 103/25 105/17 106/13 108/13 112/12 113/6 116/3 117/19 121/11 121/13 121/15 125/9 125/11 125/12 129/10 129/10 129/11 129/15 131/12 146/18 147/20 147/22 148/2 148/7 150/8 150/8 150/19 151/3 151/13 160/25 164/6 165/11 165/24 166/11 168/22 169/12 171/11 174/2 asking [27] 16/14 17/8 17/11 32/2 35/25 38/7 39/14 39/16 39/19 40/13 40/15 40/20 43/1 46/16 52/21 62/16 67/24 90/7 90/7 119/18 120/24 129/12 132/22 134/24 145/11 145/12 149/13 aspect [1] 72/6 asserted [1] 169/13 assigned [1] 156/22 associated [1] 107/13 A assume [2] 61/17 139/8 assuming [7] 17/17 60/14 114/24 116/9 116/10 121/12 121/14 assured [2] 150/23 152/8 at [102] 4/3 7/3 7/4 7/10 13/8 13/9 13/20 14/4 14/12 16/1 16/1 16/19 20/13 21/9 33/12 33/16 34/3 34/18 37/14 42/18 45/22 49/11 52/7 55/18 58/25 59/14 61/9 64/19 66/16 66/25 68/24 69/2 70/10 74/5 76/23 77/1 77/3 77/4 77/9 78/1 78/4 79/10 84/6 86/3 94/4 94/21 94/23 95/6 95/19 96/13 96/19 96/22 97/1 97/11 99/6 101/5 101/9 101/12 101/17 102/13 102/25 104/9 108/24 109/4 111/24 113/5 113/23 114/16 116/22 117/4 124/8 126/2 126/14 127/17 127/21 128/4 131/11 131/14 134/3 134/19 137/21 137/25 138/2 150/22 151/11 151/16 155/22 156/9 157/3 165/7 165/19 167/14 176/9 176/10 176/24 177/2 177/6 177/25 178/1 179/7 179/22 180/14 attached [6] 139/1 139/24 140/8 141/2 141/3 153/6 attaching [1] 139/15 attempt [2] 83/13 179/4 attempted [1] 41/23 attendant [2] 118/16 128/12 attention [7] 15/10 20/14 33/4 62/4 79/3 152/11 152/13 attitude [2] 114/7 114/15 attorney [13] 75/16 79/1 83/2 93/6 96/14 104/15 115/10 145/15 158/15 162/8 162/9 162/15 170/14 attorney/client [2] 115/10 158/15 attorneys [10] 14/13 20/19 33/24 71/4 74/9 74/14 95/15 144/8 144/22 164/16 attributable [2] 175/10 175/17 attribute [1] 29/10 August [39] 9/3 9/12 9/13 11/1 11/21 20/7 21/9 21/24 22/22 23/3 33/5 47/6 47/11 68/21 84/5 88/19 91/21 92/13 93/14 93/22 110/1 112/9 118/11 120/4 122/23 130/16 130/19 131/16 139/6 141/2 141/3 141/16 142/8 155/4 155/5 156/25 159/19 160/8 178/11 authored [1] 153/23 authority [4] 59/16 63/5 66/13 96/15 automatically [1] 79/17 available [3] 66/25 67/6 76/24 avoid [1] 174/4 aware [11] 70/14 70/17 123/8 133/9 135/22 136/1 136/22 147/16 173/19 173/22 174/6 away [1] 45/15 B back [23] 8/9 13/10 18/13 27/22 29/14 33/4 47/8 47/17 64/17 72/20 76/6 77/4 84/1 88/22 89/2 90/1 91/10 96/18 98/17 137/10 138/4 152/13 157/22 bandy [1] 41/18 based [14] 11/11 52/2 52/8 52/9 60/5 60/7 60/10 61/11 63/4 114/3 157/6 158/15 167/2 177/11 basis [8] 8/15 46/18 162/12 162/21 167/18 173/2 179/3 179/4 be [189] bear [1] 11/8 bearing [1] 153/3 became [1] 93/21 because [53] 7/1 8/17 10/6 12/7 12/8 15/3 22/3 25/13 26/2 27/22 36/21 36/25 38/15 49/20 49/24 50/14 53/20 54/13 54/21 55/9 59/25 62/4 67/2 77/2 77/24 79/16 88/24 89/3 89/4 94/25 95/17 99/8 100/6 103/12 107/24 115/9 116/15 119/19 121/11 121/13 121/15 131/9 133/21 133/25 134/14 137/8 150/11 150/15 152/10 154/5 160/7 167/19 179/22 become [2] 104/16 132/20 becomes [2] 13/12 18/13 been [118] 7/10 8/20 10/25 18/9 21/23 27/5 28/15 29/21 30/16 30/20 39/11 41/6 42/10 45/10 45/16 46/14 48/18 49/6 49/15 49/22 50/5 50/10 50/21 51/8 51/10 54/11 55/8 55/21 58/9 58/10 58/12 58/21 59/1 59/6 59/21 64/25 66/5 69/5 69/8 69/21 70/4 71/1 72/23 74/5 74/18 75/11 76/5 79/6 79/14 79/16 79/17 79/22 80/4 83/2 84/3 88/10 88/16 89/19 89/24 91/8 92/2 93/9 93/22 95/2 95/11 95/11 97/14 101/11 105/17 106/14 107/8 107/11 108/14 109/2 109/25 121/4 121/7 121/8 123/7 125/6 125/7 125/13 127/4 127/12 129/8 129/10 133/7 133/25 134/2 134/4 135/24 136/3 142/17 143/14 145/16 148/22 150/9 150/20 151/9 152/25 153/5 155/12 155/21 159/4 160/10 162/9 163/22 168/23 169/25 170/9 171/11 176/11 178/6 178/7 178/12 178/13 179/21 180/9 before [35] 1/9 13/18 19/24 27/11 27/17 33/18 50/4 50/15 55/3 55/25 58/22 58/24 59/24 62/19 80/17 84/18 85/4 93/22 93/25 96/6 103/12 113/5 122/23 127/8 127/10 128/8 130/22 148/22 148/25 157/19 162/11 162/13 171/17 175/18 180/11 beforehand [2] 58/20 97/7 began [2] 93/14 101/17 beginning [1] 96/12 behalf [7] 1/14 1/17 4/14 4/17 4/20 105/22 126/4 being [19] 8/14 10/1 10/4 15/19 33/9 58/23 62/2 80/6 83/25 84/16 91/24 100/7 109/19 118/15 129/19 136/21 142/21 144/2 150/15 belabor [1] 56/12 belief [3] 22/4 51/2 145/6 believe [58] 10/6 11/20 14/10 16/18 21/23 25/8 25/23 33/5 35/23 39/22 42/5 43/7 44/8 52/20 52/23 56/18 57/23 58/10 58/17 58/25 64/5 67/9 68/21 69/6 69/9 69/10 69/12 69/12 72/4 72/18 79/21 85/2 93/20 94/23 102/22 103/25 104/14 108/5 109/8 119/6 124/8 126/1 127/13 135/10 138/16 138/25 139/2 139/5 140/2 140/18 141/14 152/2 155/25 165/12 168/3 169/21 174/1 178/12 benefit [1] 170/2 benefits [1] 170/9 best [4] 5/10 16/1 16/1 55/19 better [6] 130/25 130/25 131/13 131/14 131/16 138/10 between [13] 15/4 41/5 74/1 84/15 86/4 87/13 89/13 94/7 97/21 127/22 127/22 127/23 137/2 beyond [9] 23/2 58/3 74/14 92/1 151/9 152/22 161/2 169/24 170/8 bias [2] 167/9 177/15 binding [3] 50/14 51/3 54/13 bit [3] 100/12 138/7 151/9 blacked [3] 7/25 8/2 8/10 blacked-out [1] 8/10 both [16] 13/21 20/14 23/7 47/20 62/19 100/1 100/11 117/2 119/11 119/14 127/6 136/24 146/7 168/24 173/16 174/7 bothering [3] 78/10 78/11 78/13 bought [1] 123/11 bound [1] 145/5 breach [39] 43/10 43/15 49/16 50/3 50/3 51/1 52/15 54/1 54/13 55/2 55/4 57/1 58/12 58/23 58/23 59/3 59/4 59/20 59/22 76/12 106/9 108/2 120/19 120/21 126/7 126/13 126/16 145/8 146/3 146/9 149/4 154/21 155/8 164/3 168/3 168/14 168/16 169/22 172/10 breached [9] 41/7 49/7 52/17 57/2 59/2 90/18 125/23 125/25 154/19 break [9] 19/13 51/18 65/5 72/19 77/3 137/8 137/10 142/15 155/5 breaking [1] 76/23 brief [13] 5/14 19/14 19/25 51/19 59/15 65/7 94/23 103/19 137/5 137/20 137/23 139/12 141/9 briefed [1] 56/10 briefly [2] 46/4 173/8 briefs [4] 10/25 11/12 41/17 41/17 bring [2] 62/3 150/6 bringing [1] 51/22 broke [1] 180/11 brought [11] 15/9 15/10 53/12 82/17 100/17 114/4 114/11 115/15 147/4 151/15 178/20 burden [14] 19/11 49/15 52/13 53/11 54/18 58/11 59/20 126/1 126/3 126/6 126/12 126/15 149/4 149/10 business [2] 170/15 171/18 but [64] 5/19 6/24 10/17 13/11 14/1 18/3 29/16 30/21 33/18 35/9 38/16 41/9 42/17 42/18 45/5 45/6 49/19 51/12 53/6 54/7 61/20 62/14 65/16 66/3 67/8 87/23 88/21 90/1 90/3 92/1 93/21 95/16 96/18 96/19 97/18 98/22 100/11 103/14 120/21 120/22 121/18 127/6 128/12 135/6 136/7 137/19 137/23 139/3 143/5 143/12 147/12 147/14 147/16 149/15 151/6 151/18 153/8 155/21 158/3 160/13 167/24 170/8 175/15 179/12 buy [4] 15/8 123/14 123/22 124/2 buying [1] 99/14 C call [10] 19/18 51/22 68/2 89/2 94/11 156/10 169/1 169/9 169/10 173/5 called [8] 2/5 2/10 15/25 65/23 66/1 86/20 90/21 176/11 calls [2] 4/9 75/23 came [19] 31/17 35/21 36/21 37/21 38/7 38/16 39/10 40/7 41/25 64/17 84/13 89/20 95/13 96/22 99/17 103/2 128/12 134/19 155/18 can [90] 6/16 8/7 8/9 9/7 9/16 9/16 11/24 15/6 15/21 15/22 24/18 28/11 28/14 28/24 31/8 31/10 37/10 39/13 40/2 41/9 41/21 43/3 47/10 47/15 49/21 49/23 50/21 55/5 55/19 59/3 62/22 62/25 63/5 63/6 63/13 64/20 64/21 64/24 69/7 69/15 69/20 74/18 75/11 75/18 76/5 77/13 78/4 79/5 79/11 79/14 82/7 99/16 101/6 101/8 101/10 102/18 103/4 104/4 105/17 108/14 116/11 120/12 120/22 123/4 123/6 125/12 126/5 129/10 129/22 131/9 133/6 146/14 150/9 150/19 150/25 160/14 160/15 162/17 164/6 164/7 166/20 167/11 167/20 168/13 168/22 169/21 171/11 172/16 172/22 178/20 C can't [9] 63/3 72/16 101/13 101/14 102/5 120/22 121/2 125/22 175/6 Canada [1] 176/20 cannot [3] 63/9 66/16 67/2 care [2] 26/6 109/2 career [1] 83/4 case [161] 1/6 4/9 10/15 13/22 18/13 20/16 20/22 21/14 23/8 28/15 28/25 30/10 30/15 30/20 32/4 32/12 32/25 33/13 34/23 35/2 35/22 36/13 36/16 36/18 37/23 38/8 38/11 38/18 38/21 41/21 42/19 42/21 45/23 46/12 49/15 49/22 50/21 52/19 54/11 56/11 58/4 58/19 60/10 60/18 62/6 64/22 64/25 66/7 66/17 69/4 69/8 69/16 69/20 70/15 72/7 74/14 74/18 75/11 76/5 79/6 79/12 79/14 79/22 80/17 84/12 84/12 85/7 86/13 87/19 92/11 92/12 92/12 98/25 100/4 100/20 101/6 101/8 101/11 105/17 106/14 106/14 107/8 107/11 107/14 107/20 107/21 108/14 113/7 113/16 115/21 115/23 117/14 117/18 117/22 118/6 118/16 119/13 119/23 120/1 123/6 125/6 125/7 125/13 125/21 126/25 127/3 128/3 128/11 128/13 128/17 128/21 129/7 129/8 129/13 129/14 129/15 133/11 133/21 134/1 134/4 135/13 135/14 135/25 136/2 136/23 138/6 142/15 143/22 144/2 146/20 148/9 149/23 150/2 150/9 151/12 152/12 156/23 157/4 158/7 159/23 160/4 160/8 160/10 160/13 160/16 160/23 161/16 162/17 163/17 163/25 164/7 164/10 168/22 169/25 170/3 170/15 171/11 171/17 174/7 176/12 179/5 cases [11] 88/12 100/11 118/18 118/22 118/24 119/6 119/8 119/11 127/8 127/10 127/15 caught [2] 97/7 126/9 cause [3] 10/19 56/23 116/1 caused [1] 107/18 certain [8] 14/12 20/18 29/6 29/10 50/25 94/7 96/11 102/23 certainly [15] 34/22 50/13 54/6 60/17 84/24 97/8 99/18 110/19 124/23 132/9 133/6 145/6 151/9 153/20 176/25 chamber [4] 79/3 100/18 129/4 129/5 chambers [16] 18/1 64/16 64/17 68/20 70/24 71/8 80/13 81/21 96/12 96/18 99/21 104/14 139/11 150/12 150/18 164/18 chance [9] 73/4 99/9 99/9 123/4 123/9 133/18 133/19 134/21 167/23 change [10] 88/17 114/7 114/15 115/6 115/7 115/18 115/20 115/23 116/2 158/16 changed [4] 37/15 37/16 96/11 113/23 changes [1] 109/6 characteristically [1] 160/3 characterization [1] 166/24 chase [1] 38/2 check [11] 16/20 16/21 17/4 17/13 17/25 18/7 51/18 102/16 150/5 159/16 159/20 checked [1] 6/11 checks [2] 150/5 161/17 chief [12] 46/11 46/17 67/7 173/19 173/21 173/22 174/6 174/12 174/17 175/10 175/17 175/21 Christopher [1] 46/11 circumstances [1] 151/4 cite [1] 66/16 cited [1] 59/16 city [31] 29/24 31/23 96/14 132/19 144/8 162/8 162/8 162/9 162/13 162/15 162/16 162/18 163/14 163/15 163/16 166/5 170/2 170/4 170/5 170/14 170/15 170/16 170/16 170/25 171/3 171/18 171/19 171/20 171/20 175/25 176/3 city's [2] 172/25 173/5 claims [1] 156/22 clarification [1] 56/21 clause [1] 151/3 clauses [1] 88/7 clean [3] 12/4 13/2 26/22 clear [23] 8/13 23/17 24/11 40/11 58/1 58/19 58/22 58/25 59/11 59/25 61/20 61/23 64/1 70/3 86/10 90/10 101/23 102/2 136/25 141/10 152/10 177/15 178/13 clearer [2] 125/5 129/16 clearly [12] 49/20 54/9 55/10 57/16 58/17 59/10 65/22 65/25 72/13 86/2 102/8 107/4 clerk [3] 14/4 16/5 18/2 client [10] 57/3 83/10 89/24 91/9 107/25 115/10 118/15 126/20 147/6 158/15 client's [4] 84/8 97/24 98/9 123/12 clients [22] 85/19 86/5 86/16 96/9 105/22 106/21 106/22 109/5 113/12 113/15 115/7 117/23 118/9 118/22 119/9 119/10 123/8 126/4 126/23 127/1 135/7 167/9 clients' [3] 123/22 124/2 150/5 close [2] 44/24 65/12 closing [1] 89/18 clue [1] 120/8 CM [1] 1/18 CMDA [1] 121/23 come [12] 20/14 22/11 65/20 77/4 97/4 123/13 123/19 128/18 128/20 160/1 160/17 166/23 comes [3] 118/25 143/15 160/4 comfortable [1] 152/9 coming [8] 9/1 12/2 12/6 54/18 54/22 135/7 159/22 177/8 comment [12] 46/12 74/9 79/13 79/14 101/13 102/2 102/5 118/21 121/20 125/20 134/3 174/10 comments [19] 46/16 46/20 47/3 49/5 99/12 118/9 123/7 123/11 124/24 170/12 172/24 173/4 173/23 173/25 174/6 174/12 175/15 175/17 175/21 commission [4] 163/15 163/16 170/16 171/20 committing [1] 89/25 complaint [1] 144/1 complete [3] 140/14 143/24 143/25 completely [2] 38/11 130/5 complies [2] 16/14 16/16 comply [1] 16/11 conceding [1] 107/23 concept [2] 124/13 124/15 concern [6] 107/19 158/3 158/5 158/6 158/7 158/8 concerned [5] 21/16 80/11 100/7 117/12 160/7 concerns [1] 80/22 concession [1] 99/2 conclude [1] 77/8 concluded [2] 77/10 159/3 conclusions [1] 75/23 condition [1] 92/7 conditioned [1] 91/25 conduct [1] 176/2 conference [2] 10/20 127/21 confidential [12] 21/5 22/9 28/20 58/6 74/3 85/2 85/6 97/19 108/9 129/2 132/16 171/14 confidentiality [62] 48/10 51/7 55/14 57/2 58/2 59/9 65/3 71/8 71/11 71/15 72/15 73/10 73/15 73/22 73/24 76/12 81/22 81/25 82/4 82/8 86/12 88/4 88/7 92/17 97/1 97/5 97/14 97/20 98/1 101/18 101/21 104/20 105/8 105/25 106/8 106/10 106/12 108/9 122/20 128/10 128/11 128/16 128/22 135/23 136/20 150/1 150/3 150/13 158/4 158/8 159/7 163/5 163/9 163/17 164/8 165/3 165/7 165/15 166/6 172/8 172/21 175/25 confused [1] 172/11 consequence [1] 84/13 consider [3] 61/12 66/20 67/3 consideration [2] 149/19 149/22 considered [2] 59/3 66/21 consistent [3] 23/6 30/14 112/19 constantly [1] 102/12 constitute [1] 54/12 constitutes [1] 51/1 construction [1] 75/21 contacted [2] 106/21 106/22 contain [1] 134/10 contained [4] 23/3 88/18 132/23 135/1 contemplates [1] 59/10 contemplating [1] 134/25 contend [1] 60/17 contention [2] 178/4 178/5 CONTENTS [1] 2/1 contested [2] 114/9 133/21 context [2] 38/25 130/2 contextual [1] 114/20 contingencies [1] 62/3 contingency [1] 14/9 continue [2] 6/7 140/24 CONTINUED [1] 143/20 contract [4] 41/5 43/13 74/1 130/3 contracts [1] 129/24 contrary [1] 168/25 conversation [7] 21/12 34/20 35/15 37/22 81/8 128/25 166/1 conversations [5] 38/14 56/20 61/25 81/21 82/2 copy [13] 6/23 8/1 12/4 13/2 24/18 24/18 24/21 24/22 25/13 26/22 27/23 121/25 153/18 corners [4] 57/12 76/13 88/19 130/1 correct [129] 6/2 6/3 18/5 18/21 18/23 23/19 24/8 26/12 27/15 27/16 27/19 27/20 28/3 28/4 28/8 28/9 29/1 29/2 29/11 30/10 30/11 31/1 31/18 31/20 31/23 32/6 32/9 32/10 32/14 32/15 32/18 32/19 33/2 33/3 34/11 34/12 34/23 36/19 36/20 36/22 36/23 37/5 38/8 38/18 40/17 46/8 46/9 47/3 47/4 47/16 47/23 48/3 48/20 50/11 61/4 66/15 68/25 70/6 73/22 74/22 74/24 75/16 80/25 81/2 83/6 83/12 83/18 89/8 90/3 90/5 93/16 94/2 95/20 96/1 96/2 96/24 105/18 110/12 111/5 111/14 112/20 112/22 112/23 114/21 117/14 117/17 117/20 118/6 118/11 120/5 121/5 122/4 127/19 127/24 130/1 130/4 138/19 139/14 139/16 139/17 139/22 140/20 142/2 144/9 153/21 155/24 156/21 156/24 157/5 157/20 157/21 158/1 159/12 159/18 159/20 159/23 160/2 160/12 160/18 161/12 163/15 164/19 171/4 173/12 173/23 174/8 174/14 175/22 180/2 correctly [1] 50/1 coughed [1] 117/6 could [62] 5/11 7/9 13/12 16/5 19/19 cumulative [1] 16/2 cut [1] 38/1 could... [57] 23/23 30/9 45/10 48/1 54/8 CVR [1] 1/18 59/11 64/22 68/3 70/4 70/25 70/25 72/6 D 74/2 74/2 74/4 74/4 74/9 74/13 74/13 DANIEL [1] 1/3 74/15 77/17 79/22 79/25 82/10 82/10 Danny [1] 33/9 87/23 90/9 103/3 103/3 105/2 106/14 date [4] 8/22 93/15 107/24 130/18 107/8 107/11 108/12 108/13 111/1 121/4 121/7 121/7 124/25 125/5 125/6 dated [5] 139/6 141/1 155/3 155/5 125/7 129/7 129/16 131/11 134/1 178/11 dates [1] 173/16 135/17 136/8 150/18 151/17 152/11 Dave [4] 97/22 109/3 123/13 178/17 168/19 174/2 174/5 175/6 175/7 DAVID [16] 1/13 2/15 3/8 4/14 77/18 couldn't [4] 29/16 47/22 65/1 121/22 counsel [9] 4/11 20/15 25/12 93/11 77/19 78/25 112/5 119/22 128/15 106/18 150/5 163/14 165/1 167/5 128/25 162/1 162/2 162/6 163/2 164/16 counter [1] 52/15 day [18] 33/6 33/12 33/16 33/18 40/22 couple [4] 50/15 132/14 137/15 147/17 41/15 50/24 55/3 58/24 64/8 71/14 84/2 course [19] 38/1 64/21 65/9 69/15 79/11 85/19 95/2 113/4 117/18 117/21 155/17 days [2] 112/10 130/19 83/4 84/7 97/13 101/8 114/4 127/14 deal [3] 13/18 92/5 92/13 128/19 129/25 138/14 147/5 147/7 dealing [2] 51/6 128/6 150/22 171/19 176/23 court [166] 1/1 1/10 1/20 4/6 4/8 4/9 dealings [1] 165/20 5/16 7/1 7/2 8/18 8/22 10/23 11/8 12/9 dealt [3] 14/2 141/11 149/13 debating [1] 41/2 12/11 12/12 12/15 12/25 13/14 13/23 13/25 14/1 14/3 14/5 14/20 15/12 17/12 decide [2] 12/21 168/9 18/8 19/9 19/20 25/16 27/22 33/12 34/5 decided [1] 116/22 deciding [1] 137/1 34/6 37/14 43/17 43/21 49/12 50/6 decision [13] 39/25 67/17 146/19 148/8 50/14 50/15 50/18 50/19 51/1 51/3 51/12 51/13 52/8 52/8 52/10 52/13 148/12 151/7 152/4 170/14 170/15 54/10 54/13 54/13 55/19 56/15 56/22 171/18 172/25 173/2 178/22 decisions [1] 147/10 58/22 60/14 61/8 62/18 62/19 63/8 63/13 63/19 63/23 64/4 64/5 64/7 64/9 defendant [7] 18/18 32/12 58/11 59/22 70/12 95/13 140/17 64/10 64/10 64/15 64/17 64/19 65/2 defendants [37] 1/8 1/17 2/10 4/20 4/22 65/11 65/18 65/23 66/1 66/4 66/17 25/21 25/22 32/14 32/16 32/17 32/24 67/16 67/18 67/19 71/10 72/17 75/19 33/1 33/1 34/4 39/15 53/9 55/23 64/6 76/24 77/17 80/3 80/11 81/4 81/22 71/5 74/10 79/20 87/17 87/18 93/11 81/24 82/3 82/6 82/13 82/15 82/16 96/20 99/2 99/13 119/24 137/18 138/15 84/19 89/1 91/5 91/6 91/9 92/15 94/14 171/4 171/16 172/1 177/16 178/13 94/16 94/25 95/3 95/6 95/17 96/5 96/5 178/21 179/25 96/12 96/18 97/6 97/21 98/17 99/6 99/16 99/19 99/20 100/8 100/18 100/23 defendants' [18] 5/6 5/24 5/25 25/18 25/19 25/20 33/20 49/13 57/22 68/13 101/17 101/20 101/21 101/23 102/11 77/19 91/23 93/3 138/10 141/14 156/12 102/16 102/23 103/12 104/15 108/24 162/2 178/16 109/8 119/18 134/9 137/24 137/25 defense [4] 7/21 114/10 114/11 115/15 138/2 138/4 138/6 142/10 149/17 defense's [2] 5/21 138/9 150/12 150/17 161/2 164/22 165/4 define [2] 75/18 106/8 166/8 166/22 168/8 168/11 170/20 177/16 177/25 178/1 178/6 178/6 178/7 definitely [4] 55/24 97/15 103/6 152/22 delay [1] 179/4 178/18 178/22 180/14 court's [32] 6/23 10/7 10/10 10/11 11/7 demand [1] 33/20 12/2 13/13 13/22 17/4 17/5 17/24 61/20 demanded [1] 64/6 demanding [1] 95/12 62/4 63/2 63/9 64/1 64/2 96/16 96/21 99/21 100/4 100/17 104/15 126/9 129/4 demeanor [1] 70/2 denied [2] 65/19 179/2 129/5 142/12 142/12 149/6 149/8 deny [2] 60/14 61/9 166/11 178/22 courthouse [3] 1/10 1/19 179/7 denying [6] 5/6 6/8 8/23 10/12 10/15 courtroom [9] 33/24 44/15 45/12 45/14 114/9 deputy [1] 162/15 63/20 64/12 95/14 95/22 100/9 description [1] 65/14 cover [1] 77/11 desire [2] 83/11 165/3 covered [1] 179/21 desiring [1] 81/22 COX [4] 1/9 4/7 16/24 164/15 detailing [1] 86/11 Cox's [1] 68/20 Detroit [33] 1/11 1/20 4/1 5/22 6/1 9/12 cross [30] 2/8 2/14 2/17 2/22 3/5 3/10 23/14 38/1 40/23 60/22 75/5 82/25 14/8 21/13 21/13 29/4 29/5 44/7 44/10 48/18 50/24 55/1 58/24 70/15 95/20 104/4 109/16 146/19 146/22 147/3 147/5 147/7 148/2 149/3 149/16 151/10 106/16 106/24 107/14 107/17 141/13 146/7 152/14 153/21 154/24 155/13 151/16 151/18 152/22 153/2 157/17 167/25 174/11 174/23 175/16 173/9 178/16 cross-exam [2] 147/3 149/3 dictate [2] 35/23 111/1 dictates [1] 10/17 cross-examination [23] 2/8 2/14 2/17 did [185] 2/22 3/5 3/10 23/14 38/1 75/5 82/25 didn't [48] 22/10 35/22 38/10 45/15 52/4 109/16 146/19 146/22 147/5 147/7 87/5 90/6 90/7 90/13 91/1 94/25 97/8 148/2 149/16 151/16 151/18 153/2 100/24 101/5 103/5 103/8 111/9 112/18 157/17 173/9 178/16 cross-examine [3] 40/23 60/22 104/4 112/22 113/23 114/7 114/15 114/18 C 116/3 116/4 118/17 119/21 119/23 120/9 120/11 120/23 122/17 123/13 123/15 126/9 128/18 128/18 128/20 131/24 132/24 135/16 135/16 147/12 157/22 159/8 159/16 166/16 179/12 difference [1] 42/20 different [6] 14/19 88/6 127/18 132/11 167/19 178/19 dime [2] 113/12 113/18 direct [23] 2/7 2/13 2/16 2/21 3/4 3/9 20/3 39/13 40/22 41/10 41/14 41/17 68/14 78/21 93/4 114/4 151/9 151/15 151/20 156/13 162/3 174/2 174/3 directed [2] 39/20 56/22 directional [1] 45/4 directive [1] 92/15 directly [2] 163/10 165/21 disagree [4] 81/8 118/12 121/22 124/25 disagreement [1] 132/18 disagrees [1] 132/23 disbursement [1] 128/8 disclose [4] 28/1 47/22 74/15 161/6 disclosed [14] 24/2 45/17 57/19 80/20 84/3 99/10 122/20 122/25 123/1 123/10 133/8 133/20 134/22 150/21 disclosure [8] 15/20 95/23 104/21 105/8 123/5 133/4 170/10 180/7 discuss [16] 14/20 22/7 28/7 38/20 41/20 50/5 62/5 71/15 72/6 97/17 158/12 161/10 165/7 165/15 169/9 179/18 discussed [13] 5/18 40/14 55/12 64/4 76/7 82/15 82/19 94/4 97/9 97/16 100/7 106/22 129/8 discussing [6] 35/21 40/10 64/18 68/24 104/18 136/4 discussion [29] 11/1 33/9 33/19 36/10 36/12 36/14 38/17 42/9 43/1 44/12 64/11 69/2 72/2 72/3 72/5 74/11 82/13 84/11 94/24 97/20 99/18 108/12 118/8 119/9 127/22 128/15 129/6 150/18 165/22 discussions [58] 20/18 33/13 33/22 34/10 37/4 37/7 37/9 37/21 38/6 38/14 39/1 39/17 40/5 40/7 44/6 44/10 48/17 62/2 62/21 63/18 63/21 63/22 64/3 64/16 64/17 64/25 70/25 71/7 72/2 79/4 80/3 80/12 82/6 83/14 93/24 94/7 94/21 95/2 95/5 95/11 95/12 96/7 96/11 97/9 97/11 99/11 99/19 100/23 101/12 105/5 117/17 117/25 118/13 129/3 148/13 150/13 157/1 163/3 dismiss [2] 49/12 138/9 dismissal [5] 9/24 10/1 10/24 11/11 26/19 dismissed [1] 149/23 disparaged [1] 108/1 disparaging [9] 99/12 118/9 118/14 118/14 119/10 121/20 123/7 123/11 124/24 dispersed [1] 155/18 dispositive [1] 66/17 disprove [1] 58/12 dispute [5] 14/22 14/24 15/4 41/5 89/12 disputed [2] 98/25 107/21 disputing [2] 18/6 50/5 disqualify [3] 10/12 177/11 179/3 disseminated [1] 154/3 DISTRICT [8] 1/1 1/1 1/10 4/6 4/6 4/7 138/3 138/4 divided [3] 103/13 137/2 144/4 DIVISION [1] 1/2 do [150] 6/12 7/4 7/25 8/6 9/2 10/1 10/4 15/1 19/5 19/17 20/24 21/20 22/15 22/21 24/25 25/1 25/4 25/8 29/12 29/19 D do... [130] 33/5 33/10 33/13 33/20 33/23 33/25 34/3 34/6 35/18 39/7 41/12 42/15 42/18 43/5 43/12 44/13 47/12 49/24 58/14 59/23 60/3 60/9 61/19 62/11 63/5 65/21 65/21 66/11 68/16 69/19 69/25 70/18 70/19 70/21 70/22 70/24 71/7 71/10 71/12 71/13 71/17 71/18 71/19 71/20 73/23 74/23 75/4 75/18 75/20 78/23 78/23 79/8 79/10 79/19 79/24 80/3 80/10 81/13 81/21 82/2 82/6 82/13 82/16 83/13 84/9 85/17 87/1 88/15 92/14 94/10 102/18 106/20 107/24 108/19 109/23 110/1 111/15 111/20 111/23 112/2 112/5 113/4 113/8 113/12 113/21 120/2 120/11 120/17 121/3 121/9 121/10 121/16 121/18 123/15 124/10 124/10 124/13 124/15 125/2 126/1 127/5 128/6 128/11 128/12 130/6 132/17 137/15 143/7 143/25 145/7 146/2 148/4 148/6 148/9 148/10 149/8 152/19 154/1 155/15 156/15 161/13 162/5 163/21 165/9 168/3 168/16 172/15 175/9 177/2 177/17 docket [1] 77/12 doctrine [6] 75/20 75/25 76/9 136/9 136/15 136/19 document [39] 16/6 16/7 20/25 21/2 21/5 22/25 27/11 50/14 51/7 73/16 74/20 76/13 82/19 83/23 84/4 86/3 86/11 87/12 87/16 88/19 89/4 89/16 89/18 89/20 90/17 90/20 91/4 92/7 95/17 102/11 109/18 113/1 120/4 122/8 128/4 129/14 159/9 160/1 160/7 documents [8] 51/6 55/11 59/11 82/17 82/17 86/11 88/9 109/25 does [31] 6/9 7/6 10/17 16/11 16/13 16/18 17/5 54/12 60/18 74/19 74/20 88/4 101/22 110/9 110/10 110/13 128/24 129/2 129/14 129/15 132/2 134/8 135/12 135/20 136/10 136/15 136/19 154/20 159/1 161/17 163/13 doesn't [11] 11/7 11/8 35/23 73/13 74/17 79/15 88/17 110/10 125/9 131/19 132/2 doing [3] 4/24 29/25 125/12 dollar [11] 57/18 57/19 58/2 58/3 58/8 75/13 76/4 76/7 99/10 123/9 130/7 don't [129] 5/19 5/20 6/20 6/22 7/19 8/24 9/22 10/7 10/12 10/16 12/10 15/22 16/3 16/19 17/24 23/10 26/5 29/20 30/2 34/7 34/20 35/1 35/3 35/5 36/13 38/13 39/4 42/2 43/13 43/19 43/20 43/24 44/8 44/25 45/4 45/9 45/10 49/4 49/8 50/8 51/21 58/10 58/17 62/14 62/22 62/25 63/4 65/13 65/16 65/19 66/9 66/21 67/3 67/8 67/20 69/9 69/10 69/12 69/12 69/19 70/2 71/6 71/16 71/24 72/4 77/8 77/24 79/7 80/9 81/6 81/10 81/24 83/25 85/25 89/15 89/15 95/13 96/6 98/2 99/6 99/25 101/20 102/14 103/10 103/11 103/14 104/6 112/7 113/2 113/13 113/18 115/13 116/11 117/25 120/1 120/12 120/13 121/8 121/18 121/19 122/5 124/8 125/5 128/4 129/16 130/5 130/10 131/10 134/19 135/4 136/7 139/18 140/3 142/9 143/11 144/24 146/14 146/15 147/23 149/11 156/3 164/24 165/10 166/19 173/17 174/15 174/22 175/14 175/15 done [12] 6/25 54/23 66/9 76/25 87/20 92/5 92/13 102/18 129/21 155/20 155/21 167/19 door [1] 99/21 entertained [1] 117/14 entire [4] 39/8 112/11 131/20 132/2 entirety [2] 31/24 31/25 entities [1] 156/20 entitled [1] 9/9 entity [4] 132/19 133/5 136/17 136/17 escorted [1] 18/1 ESQUIRE [4] 1/13 1/14 1/16 1/16 establish [4] 15/14 53/12 116/19 176/2 established [9] 49/17 50/11 51/9 52/10 53/1 53/18 54/1 59/21 174/16 establishing [3] 50/7 52/14 59/20 establishment [1] 57/5 estimation [2] 174/12 175/21 et [2] 1/4 1/7 even [14] 6/8 30/23 62/22 62/25 81/4 84/9 95/15 99/5 99/9 101/5 111/17 121/20 123/9 134/22 event [2] 18/17 116/1 eventually [1] 20/21 ever [19] 21/10 29/21 55/22 65/13 65/16 72/1 72/3 72/5 85/7 106/24 107/13 107/22 109/8 117/14 117/16 118/5 119/16 157/12 162/13 every [7] 83/13 85/7 87/19 92/12 122/13 128/3 155/17 everybody [3] 110/1 152/10 179/6 everyday [1] 171/19 E everyone [8] 4/23 77/1 143/13 145/5 e-mail [3] 71/11 82/8 101/17 176/10 176/11 179/14 179/23 each [2] 136/23 144/3 evidence [28] 5/17 8/14 9/1 9/17 9/23 earlier [9] 21/24 35/8 89/19 130/16 10/2 10/5 11/2 12/2 18/25 46/21 50/3 145/19 149/3 161/4 163/22 180/10 52/15 54/22 55/18 55/22 56/1 58/22 early [1] 93/14 60/5 60/8 60/11 60/14 60/19 61/12 earnest [3] 93/21 93/23 148/3 61/13 67/2 114/24 116/10 EASTERN [3] 1/1 4/6 138/4 evidentiary [9] 1/9 10/18 11/9 12/15 effect [30] 7/2 29/16 29/23 30/7 30/13 19/4 19/10 53/10 120/15 172/17 exactly [11] 29/12 30/3 35/15 44/13 79/7 31/15 31/18 38/17 40/6 54/23 69/6 69/15 69/18 69/20 79/8 79/10 79/15 82/21 115/2 123/5 128/23 154/10 163/7 exam [2] 147/3 149/3 101/8 101/14 113/8 113/14 113/15 Examiantion [1] 2/19 117/22 123/24 123/25 124/1 132/15 examination [49] 2/7 2/8 2/9 2/13 2/14 133/13 133/16 146/9 effort [2] 55/20 102/22 2/16 2/17 2/18 2/21 2/22 2/23 3/4 3/5 Egan [38] 9/11 14/8 29/14 29/15 29/23 3/6 3/9 3/10 20/3 23/14 38/1 46/5 48/15 30/19 31/13 44/6 44/12 44/21 44/22 68/14 72/10 75/5 78/21 82/25 85/12 45/19 45/21 47/20 54/11 56/16 56/20 91/17 93/4 109/16 114/5 130/13 143/20 58/18 62/3 63/20 64/11 70/8 71/5 80/5 146/19 146/22 147/5 147/7 148/2 80/20 80/23 85/14 85/23 95/19 95/22 149/16 151/16 151/18 151/20 153/2 99/23 100/6 100/20 106/25 107/13 156/13 157/17 160/21 162/3 173/9 120/7 150/15 153/23 178/16 either [9] 8/21 21/12 66/18 74/12 84/8 examine [4] 40/23 40/23 60/22 104/4 examined [2] 147/9 153/1 118/9 119/9 157/23 165/21 ejusdem [2] 75/21 75/25 exception [1] 8/25 elected [1] 176/3 exchange [1] 109/3 electronic [1] 6/24 exchanged [3] 51/6 89/13 94/12 elements [1] 149/21 excuse [6] 16/13 44/5 46/15 117/7 elicited [1] 54/19 124/16 169/15 eliminate [1] 170/11 excused [2] 95/2 176/15 else [16] 23/11 48/8 49/9 64/22 69/15 execute [1] 131/14 72/9 79/12 80/20 101/8 130/10 160/19 executed [5] 9/3 55/12 73/11 87/16 160/20 161/22 166/20 178/14 178/25 88/16 embodied [1] 92/3 executing [1] 88/9 employed [3] 156/17 162/7 162/13 execution [3] 57/9 73/18 91/4 end [5] 33/12 33/16 34/3 131/24 150/6 exhibit [67] 5/21 5/24 5/25 6/1 7/5 7/25 ended [3] 36/25 63/19 64/3 9/4 9/9 9/10 9/11 10/8 10/18 11/14 enforce [5] 18/22 19/9 19/16 52/11 12/22 13/8 13/10 13/11 25/5 25/19 53/12 25/21 25/21 27/6 29/4 34/17 37/12 enforcement [1] 136/17 46/20 46/21 50/17 53/14 56/2 57/21 engage [1] 83/5 57/22 72/12 72/23 73/19 91/20 92/3 ensure [1] 83/10 99/17 102/25 104/16 106/6 109/20 enter [1] 7/2 125/2 125/3 133/14 138/10 138/18 entered [9] 6/15 23/6 80/17 89/19 91/20 138/18 139/9 139/13 139/14 140/9 92/2 120/20 133/10 136/21 141/4 141/14 142/24 143/5 143/14 entering [1] 56/16 143/15 144/6 144/7 144/19 152/25 enters [1] 13/14 153/16 155/6 167/23 168/19 174/14 doubt [1] 108/8 DOUGLAS [1] 1/7 down [6] 7/19 48/23 92/22 103/14 103/25 112/21 draft [6] 65/3 89/23 92/16 103/8 112/18 127/1 drafted [30] 51/8 73/10 83/8 86/4 102/20 103/5 103/6 104/3 104/8 108/23 110/7 110/10 110/12 111/11 111/17 111/18 111/20 112/2 112/6 112/7 112/8 112/11 120/4 125/11 129/3 131/18 131/20 132/2 158/19 159/2 drafter [1] 112/14 drafting [3] 71/8 110/15 159/9 drafts [2] 128/9 157/6 drama [1] 42/8 draw [2] 33/4 79/3 due [1] 147/8 DUFFY [17] 3/3 64/7 95/4 96/14 96/21 97/18 97/22 137/19 145/2 156/10 156/11 156/12 156/16 157/19 161/9 176/14 179/7 during [23] 20/8 38/1 64/16 65/9 72/19 77/22 80/18 93/11 93/19 105/5 114/4 127/18 138/8 142/15 147/5 147/7 149/17 151/17 151/19 151/19 154/8 156/25 164/15 E exhibits [26] 5/15 5/16 7/10 7/10 7/12 7/13 7/21 9/7 9/15 9/19 10/11 23/16 24/13 25/1 25/4 58/9 60/2 72/20 138/14 138/15 139/4 139/15 141/6 141/11 143/4 143/12 existence [2] 57/5 99/17 expect [4] 61/24 63/8 134/4 137/19 expectations [1] 106/11 expected [3] 134/3 163/3 177/7 expecting [1] 170/4 expense [2] 176/24 177/3 experienced [1] 100/25 explain [5] 162/17 168/18 169/12 169/21 172/22 explained [1] 51/2 explaining [1] 151/3 express [2] 14/19 165/5 expressed [6] 61/7 62/1 95/18 100/18 148/22 165/2 expression [2] 23/2 84/14 extant [4] 39/20 40/24 149/12 170/22 extensive [1] 41/17 extensively [1] 147/9 extent [6] 55/3 142/10 163/19 170/9 172/23 173/3 eye [1] 134/15 eyesight [1] 45/1 F face [1] 92/6 facing [2] 45/4 45/5 fact [26] 29/25 31/16 31/18 32/11 32/24 36/25 62/18 63/21 66/8 66/9 66/10 66/14 74/14 82/2 88/17 90/3 90/5 99/23 114/18 122/24 132/18 134/6 146/16 164/9 169/1 169/8 factor [3] 148/8 148/11 164/9 factors [5] 147/10 148/3 151/6 152/3 152/5 facts [2] 114/24 116/9 failed [1] 56/1 fair [2] 58/11 168/12 fall [1] 100/24 familiar [12] 121/23 122/8 122/9 122/12 122/15 122/18 122/21 122/23 123/2 123/3 175/15 176/1 families [2] 71/4 99/25 family [11] 14/11 22/7 22/11 33/25 80/5 81/4 81/7 85/20 85/21 101/2 101/4 far [9] 8/20 21/15 45/15 52/2 102/2 117/12 121/4 160/7 169/24 fashion [3] 99/3 109/9 117/23 father [1] 101/3 favor [13] 49/13 64/20 69/5 69/17 70/5 71/1 79/6 79/12 79/17 101/7 101/9 108/14 150/20 fax [3] 71/11 82/7 101/18 fee [3] 16/10 16/21 17/18 feel [4] 22/15 22/21 22/24 48/9 feelings [1] 48/7 feels [1] 22/18 feet [1] 45/7 felt [8] 21/22 39/8 42/5 42/17 62/4 108/1 114/9 152/9 fever [1] 15/11 fifteen [1] 45/7 Fifty [1] 177/18 Fifty-five [1] 177/18 figure [11] 29/17 54/17 57/19 58/8 70/16 75/13 85/14 85/24 161/10 163/4 180/8 figures [2] 107/15 120/7 file [2] 14/5 167/20 filed [9] 6/25 7/5 41/16 67/19 109/21 119/17 119/17 160/25 179/16 final [1] 82/17 finalized [1] 83/15 finalizing [1] 89/18 find [8] 23/22 36/6 120/17 136/7 154/3 155/12 177/17 178/23 finder [2] 66/8 66/10 finders [2] 66/9 66/14 finding [1] 178/10 finds [1] 12/25 fine [7] 7/15 11/4 37/18 43/22 43/25 62/15 137/12 finish [3] 131/22 151/23 154/14 firm [3] 101/22 122/13 162/12 firm's [1] 132/14 first [41] 12/1 18/23 19/1 19/6 28/22 43/14 50/17 58/13 58/16 61/21 65/21 67/16 74/17 84/8 84/10 84/21 93/18 93/20 95/13 103/8 103/11 103/11 104/9 112/8 113/4 117/13 117/16 117/18 117/21 118/4 124/10 124/12 127/6 127/6 127/7 149/22 153/1 154/2 168/21 177/16 178/10 five [12] 12/22 12/23 12/24 25/10 25/22 26/2 26/5 26/17 26/20 143/6 177/18 177/18 Flint [8] 76/25 77/9 77/11 77/12 176/10 179/7 179/15 179/24 fly [2] 176/24 177/2 focus [1] 39/10 focused [2] 39/20 56/25 FOIA [4] 122/20 122/24 122/25 123/3 fold [2] 53/24 53/25 follow [2] 76/2 100/12 followed [1] 76/4 following [2] 117/25 171/12 forgot [1] 139/3 forgotten [1] 153/5 form [13] 101/24 104/22 105/10 106/1 114/23 115/1 116/9 131/2 131/21 144/11 145/11 148/14 148/16 forma [1] 92/1 format [2] 100/13 151/1 forth [12] 6/9 11/9 28/19 33/20 59/8 72/15 73/14 96/18 99/20 158/4 171/13 178/18 forthcoming [1] 88/11 forward [12] 19/12 36/19 51/11 53/9 54/18 54/22 59/2 61/8 80/1 149/10 149/23 150/4 found [1] 155/22 foundation [7] 31/3 31/7 46/13 46/18 146/13 146/15 174/16 foundational [1] 31/4 four [18] 11/15 25/8 25/19 25/21 26/2 26/5 26/12 26/13 26/14 26/15 26/16 26/19 57/12 76/13 88/18 119/25 130/1 143/5 framed [2] 11/8 12/15 Free [2] 21/13 29/4 Freedom [9] 99/8 132/15 132/20 133/3 133/8 134/8 135/12 135/20 163/23 Friday [3] 94/12 94/14 118/3 frivolous [1] 179/21 front [11] 7/11 12/20 30/2 38/3 47/12 52/13 54/14 66/14 99/21 154/18 178/3 fuel [1] 172/25 fulfillment [1] 54/3 full [4] 19/20 68/4 77/17 163/19 fullest [3] 170/9 172/23 173/3 funds [1] 92/9 further [9] 58/15 59/10 64/25 85/9 92/19 101/11 106/7 108/16 143/12 furthermore [1] 118/19 future [1] 73/11 G G-i-l-l-a-m [1] 162/6 gag [3] 72/2 72/3 124/18 Gale [11] 4/10 20/11 20/14 23/1 23/7 31/22 121/4 145/2 179/7 180/1 180/5 game [1] 168/12 games [1] 150/15 gave [5] 7/21 25/12 139/4 139/21 139/22 general [2] 76/2 97/18 generated [3] 37/7 37/21 163/24 generic [1] 76/2 generis [2] 75/21 76/1 Gentlemen [1] 116/24 germane [3] 39/23 60/20 84/18 get [13] 5/5 79/12 82/3 82/9 101/22 102/11 104/25 121/25 136/25 137/10 139/10 166/20 166/21 getting [5] 88/22 90/1 151/20 162/25 169/15 GILLAM [18] 3/8 64/7 95/4 96/14 96/20 97/17 97/22 137/19 145/2 162/1 162/2 162/6 163/2 173/11 173/12 178/17 179/7 179/25 Gilligan [1] 113/24 Gillikin [6] 84/16 114/17 114/18 115/17 116/16 149/1 Gillikin's [13] 84/14 115/5 115/24 115/25 116/4 116/10 117/13 118/2 118/4 147/11 147/15 148/7 148/11 give [16] 5/13 8/9 19/20 19/23 68/3 75/19 77/17 81/9 98/6 99/1 105/2 108/18 144/12 174/2 177/21 177/24 given [2] 78/1 90/2 giving [2] 41/13 41/15 glean [1] 55/19 go [37] 18/23 19/6 24/12 29/13 34/17 36/19 37/18 57/24 59/2 63/15 77/6 77/11 79/25 98/14 105/2 114/12 116/6 116/11 117/3 117/9 131/6 144/25 145/22 147/12 149/23 150/17 151/21 151/25 153/13 154/20 157/22 162/19 163/10 168/14 169/24 175/21 179/21 goes [6] 28/5 43/7 98/16 115/9 164/4 170/19 going [116] 6/4 7/7 11/10 13/9 13/10 14/6 15/10 19/18 24/5 24/9 27/5 29/3 34/24 36/6 40/19 40/22 40/23 41/15 41/18 43/9 49/3 50/18 53/9 55/11 55/12 55/20 55/25 56/6 59/23 59/23 60/3 60/14 61/8 61/9 63/14 65/23 66/1 66/4 66/11 66/11 66/12 66/19 66/20 67/1 67/10 72/23 73/10 73/21 73/25 76/22 76/25 77/1 78/2 78/3 78/6 79/20 81/16 86/3 86/4 86/10 87/1 87/11 87/12 87/13 87/15 87/16 87/25 88/2 91/4 91/7 96/18 100/12 101/12 102/13 102/14 102/25 103/13 106/9 106/13 107/22 114/1 116/14 117/22 117/24 118/17 123/14 124/21 128/21 129/1 133/22 133/24 136/25 137/7 142/12 142/13 144/4 149/10 150/16 151/15 151/18 152/13 153/16 159/22 160/1 161/3 161/5 163/1 163/8 169/9 171/21 171/23 172/16 172/24 173/1 173/5 179/15 gone [4] 33/16 136/2 151/9 174/13 good [17] 4/13 4/16 4/19 4/21 4/23 4/25 5/1 10/22 24/1 56/8 56/9 61/16 99/9 133/19 134/20 140/4 166/3 Google [2] 154/2 154/17 got [20] 5/7 5/9 17/7 31/6 39/25 49/18 66/25 73/7 77/2 85/23 88/8 102/17 106/3 113/6 113/24 131/22 137/1 150/17 176/18 178/2 G gotten [2] 35/18 42/13 government [1] 136/10 grant [1] 67/18 granted [3] 19/9 63/23 149/8 granting [1] 10/14 Great [4] 7/17 9/6 27/2 143/17 greater [1] 23/2 group [5] 44/24 45/5 45/7 99/22 150/14 guard [2] 97/8 126/10 guess [9] 5/24 31/24 34/2 88/13 90/9 128/2 138/9 139/3 166/18 guessed [1] 173/1 guessing [1] 172/25 H had [118] 14/4 17/12 17/16 17/17 29/9 33/8 33/12 34/4 34/10 35/14 35/15 36/12 36/14 37/4 37/8 38/6 40/7 42/1 44/6 44/9 46/11 48/18 58/5 60/1 61/24 62/20 63/18 63/20 64/3 64/3 64/9 64/11 64/16 64/18 64/25 65/9 65/11 65/20 66/3 69/24 71/1 72/2 73/4 80/4 80/12 80/16 80/19 80/20 80/21 80/23 83/4 85/7 86/20 88/10 88/15 89/23 90/2 90/4 91/9 91/19 92/2 94/11 95/2 95/11 95/11 95/13 96/11 99/18 100/19 107/22 108/3 108/12 109/5 117/17 118/8 118/11 118/13 118/18 118/22 118/24 119/5 119/9 119/14 119/25 125/24 128/10 128/12 128/15 128/25 131/10 133/25 134/17 135/7 136/2 136/3 142/17 148/22 149/17 150/11 150/18 151/19 152/7 155/3 155/12 155/20 155/21 157/1 158/3 158/19 159/3 159/24 160/10 165/20 165/22 167/23 171/10 178/12 178/12 half [1] 162/15 hall [1] 85/19 hallway [1] 99/22 hand [3] 9/19 16/5 174/14 handed [2] 8/1 25/16 handing [1] 26/20 handle [1] 56/7 handling [3] 81/12 81/16 81/17 hands [1] 166/22 handwriting [5] 103/17 104/7 112/25 113/1 113/2 handwritten [2] 64/24 103/15 happen [4] 87/12 90/7 90/8 159/21 happened [6] 33/17 96/4 100/16 100/22 102/10 104/12 Happenings [1] 121/23 happens [1] 160/4 happy [1] 174/18 hard [1] 115/2 has [99] 6/23 8/20 10/8 10/10 10/22 11/8 11/20 18/9 23/22 27/22 28/15 30/15 30/20 36/13 49/5 49/14 49/15 49/16 49/17 49/22 50/5 50/21 50/22 50/22 50/23 51/10 51/11 52/9 52/10 52/13 52/15 53/1 53/11 53/18 53/25 54/9 54/11 54/14 54/25 55/8 55/15 56/1 58/12 59/6 59/19 59/21 60/20 64/25 69/5 69/8 69/21 71/4 72/17 74/5 74/18 75/11 76/5 79/6 79/14 79/22 84/3 89/18 97/13 101/11 105/17 106/14 107/8 107/11 108/14 109/25 123/1 123/6 125/6 125/7 125/13 129/8 134/1 134/4 143/14 145/3 149/10 150/9 151/8 152/25 153/3 153/5 159/21 168/22 169/25 171/11 176/7 176/18 177/15 178/6 178/6 178/7 178/7 179/2 179/21 hash [2] 71/14 109/6 hasn't [1] 49/19 hate [1] 100/10 have [239] haven't [8] 13/25 17/14 23/18 24/6 27/11 54/1 118/19 165/20 having [3] 22/12 30/2 42/18 he [96] 9/20 10/10 15/16 22/18 23/22 31/8 31/15 34/6 36/1 36/12 36/13 36/14 38/10 38/13 38/20 38/20 39/14 40/13 41/20 41/20 41/22 42/3 45/13 45/14 45/14 46/14 46/18 46/19 46/20 49/16 49/17 49/19 49/25 50/5 50/22 50/22 50/23 50/24 50/25 54/10 54/20 55/15 56/16 56/18 58/20 63/13 71/13 84/20 87/6 95/7 95/18 98/19 98/20 100/23 100/25 101/1 102/14 107/2 107/3 109/4 109/5 109/6 112/12 125/21 125/25 132/22 132/23 146/14 147/9 147/12 147/14 148/7 151/3 151/19 154/16 154/16 161/5 161/9 163/3 163/4 164/11 164/13 164/20 164/25 165/2 165/5 165/6 165/12 166/16 166/19 167/5 168/13 169/12 172/7 174/2 174/16 he's [20] 31/6 31/6 36/2 41/22 46/16 49/18 49/18 78/2 78/3 106/3 112/13 114/24 116/9 145/11 145/15 145/16 145/16 145/17 166/19 174/15 head [2] 18/2 166/8 heads [1] 116/25 hear [11] 60/24 66/9 66/22 67/1 67/3 67/10 69/14 79/5 126/9 131/24 135/16 heard [5] 64/19 66/14 93/16 132/16 173/25 hearing [20] 1/9 8/14 10/18 10/20 11/9 12/16 19/4 19/10 34/3 37/25 39/21 40/24 53/10 64/11 65/16 77/10 79/19 120/16 172/17 177/6 hearsay [3] 102/8 107/4 169/16 heart [1] 151/12 held [1] 21/5 help [2] 122/18 175/1 her [11] 14/17 14/20 15/2 15/10 15/14 17/3 17/17 18/18 61/24 100/4 131/22 here [34] 8/17 9/8 13/1 13/7 13/20 18/19 23/21 24/18 25/6 35/2 40/22 41/15 45/5 57/4 78/11 85/22 100/12 111/14 111/16 111/20 111/23 112/2 112/5 125/18 129/19 149/9 153/3 155/7 163/2 176/23 176/24 177/1 177/8 179/14 Hernandez [15] 13/19 13/22 14/7 15/16 16/9 16/25 17/6 17/19 18/5 18/8 18/17 61/22 66/12 100/3 100/15 Hernandez' [1] 62/7 Hernandez's [1] 17/13 highlighted [1] 12/3 highlights [2] 26/25 27/1 him [46] 23/21 35/6 35/8 35/10 35/15 38/7 39/13 39/14 39/16 40/7 40/13 40/15 41/10 41/21 41/21 43/13 43/17 44/18 44/20 46/19 54/14 55/3 77/24 77/25 78/9 85/23 107/7 107/8 132/16 132/22 145/17 151/3 151/13 153/9 153/11 161/14 165/8 165/11 165/13 168/13 169/12 172/9 174/2 174/19 176/24 177/2 himself [1] 84/15 hinted [1] 118/5 his [49] 22/4 36/4 36/15 41/20 44/9 49/17 50/12 51/2 54/12 56/22 56/25 56/25 57/16 60/22 62/13 77/22 77/25 87/8 92/18 96/12 98/8 98/9 109/4 114/4 116/12 120/25 124/2 127/24 145/13 147/3 147/7 147/13 149/16 151/19 153/2 154/24 161/4 162/22 164/24 165/2 165/2 165/3 166/8 166/20 167/2 170/21 172/6 176/24 177/6 hold [4] 30/24 51/17 94/15 174/13 holding [1] 94/16 holds [1] 178/21 honest [1] 173/18 honestly [2] 45/8 71/6 Honor [189] HONORABLE [3] 1/9 4/7 16/24 hope [1] 179/20 hotly [4] 98/25 107/21 114/8 133/21 hour [3] 41/19 138/8 142/15 hours [1] 41/19 house [2] 162/10 162/11 housekeeping [1] 138/7 how [66] 4/23 10/13 10/16 10/21 10/23 11/1 12/4 15/6 21/22 35/17 37/22 38/18 39/8 42/5 42/17 44/12 44/13 44/24 45/15 45/15 50/3 53/16 53/17 63/13 64/22 69/15 79/12 79/15 83/2 84/18 93/9 96/3 97/4 99/16 101/8 101/19 103/12 108/12 109/2 113/21 121/10 121/16 125/5 125/12 125/25 127/3 127/12 127/15 129/16 137/2 137/9 144/4 149/11 154/6 154/17 154/22 155/17 160/3 162/7 162/9 162/17 164/1 166/20 169/4 178/9 178/14 how's [1] 117/17 hundred [5] 14/12 88/12 88/14 96/19 100/1 Hundreds [2] 83/7 83/8 I I'd [9] 61/22 102/16 109/3 122/5 136/6 136/6 136/7 167/18 175/20 I'll [18] 12/21 13/11 19/17 30/4 46/25 59/14 60/3 72/19 98/14 115/1 132/5 132/7 132/25 144/14 144/15 144/25 158/16 176/10 I'm [133] 7/7 7/24 11/10 13/9 13/10 16/14 17/8 17/11 18/6 18/7 18/21 19/18 23/17 23/20 26/20 27/5 29/3 30/17 30/23 31/10 32/1 33/15 33/17 34/24 34/24 35/1 35/25 36/6 36/25 38/4 39/19 39/24 40/18 40/20 41/2 41/11 41/13 41/15 43/1 43/16 43/16 43/24 47/10 49/3 50/5 50/5 50/19 51/20 51/25 53/6 59/17 59/17 59/17 59/23 59/23 60/3 63/7 66/8 66/10 66/11 66/12 66/19 66/20 67/1 67/10 67/21 67/23 72/23 77/16 78/6 78/18 84/17 86/6 87/1 90/7 90/7 90/24 95/15 96/19 98/6 98/22 101/4 102/25 104/7 104/9 105/1 110/4 111/15 114/1 115/8 116/13 116/14 117/2 117/5 120/24 122/17 123/14 124/19 124/20 126/8 126/22 129/21 132/10 134/24 135/3 135/22 136/1 136/22 137/21 138/20 142/9 146/1 146/23 147/16 147/18 150/8 150/15 150/20 151/15 151/20 153/16 154/15 157/25 158/6 158/6 162/8 163/16 171/21 171/23 172/11 174/4 174/4 179/6 I've [16] 26/19 39/25 40/21 66/21 67/21 77/2 85/7 87/19 134/17 165/21 173/17 173/24 173/25 174/21 174/22 178/2 idea [6] 45/8 85/18 85/22 94/15 127/16 159/14 identified [1] 33/9 identify [1] 109/18 if [127] 8/24 9/18 9/20 10/21 10/23 11/1 13/11 13/14 16/14 17/16 17/25 18/7 18/21 23/19 23/22 27/7 28/4 28/5 28/14 28/24 30/3 30/4 30/9 30/21 30/23 31/17 32/23 33/17 34/18 35/3 35/4 37/14 45/3 45/6 46/16 46/19 47/7 47/8 47/15 47/17 interviewed [1] 30/19 into [34] 5/17 8/14 9/1 9/16 9/23 10/1 if... [87] 47/21 49/21 49/25 50/20 51/1 10/5 11/2 23/6 56/16 80/18 83/12 83/15 59/2 60/8 60/18 62/1 63/2 63/9 65/1 83/17 84/13 89/19 91/20 92/2 94/25 67/18 74/18 75/9 75/13 76/5 76/24 77/2 99/17 100/17 116/12 120/20 133/10 77/7 77/8 77/10 78/2 78/3 79/24 81/6 134/19 146/19 147/10 147/12 150/17 81/9 83/25 84/8 84/20 89/1 89/23 93/22 151/6 151/7 151/9 152/3 173/5 introduce [3] 139/23 141/21 153/8 95/15 96/7 98/2 99/6 100/1 101/13 introduced [5] 10/8 142/1 152/25 153/1 105/17 106/9 106/13 107/2 107/22 109/4 109/5 112/7 112/21 112/22 153/5 introducing [1] 54/22 115/25 116/11 120/12 125/9 125/11 introduction [1] 142/8 125/11 126/5 126/11 126/20 129/10 involve [1] 91/6 129/10 129/11 129/14 129/22 131/18 involved [3] 108/24 109/9 137/1 132/22 135/4 136/2 136/6 142/12 involving [3] 132/19 133/5 162/17 143/12 144/24 148/18 150/8 150/8 irrelevant [2] 22/4 167/4 151/6 152/24 163/23 164/6 168/13 is [354] 168/22 171/10 173/17 174/22 175/6 isn't [13] 30/16 30/18 30/24 31/14 32/4 175/14 175/15 179/22 immediately [1] 33/17 39/3 48/18 69/2 97/2 111/7 112/19 impact [1] 62/5 118/6 160/3 impartial [2] 178/6 178/7 issue [32] 13/12 13/17 14/2 14/20 15/9 important [3] 170/13 171/16 172/1 15/13 15/15 18/13 39/9 41/10 41/19 impossible [1] 176/23 42/6 42/7 50/4 50/22 60/20 65/12 66/18 impression [3] 7/24 19/2 140/6 93/21 97/6 103/13 114/11 144/5 147/6 in [327] 149/13 149/15 155/7 159/20 161/5 In-house [1] 162/10 165/7 168/9 172/4 inappropriate [2] 67/9 108/4 issued [5] 67/22 127/1 157/6 159/16 incentive [1] 146/11 161/17 inclined [1] 67/18 issues [20] 11/8 12/15 12/17 12/20 15/7 include [1] 139/4 38/3 39/20 39/23 40/24 49/16 49/20 included [2] 14/12 141/16 56/11 84/18 147/12 149/12 153/3 154/8 includes [1] 5/22 154/18 170/22 172/12 including [3] 36/22 85/19 179/10 it [366] inconsistent [2] 84/14 84/15 it' [1] 149/9 incorporated [2] 83/12 83/15 it's [94] 8/1 10/6 11/7 12/2 12/3 12/8 indicate [3] 17/5 47/20 65/22 12/9 12/14 15/3 16/3 17/1 19/1 19/3 indicated [22] 8/19 22/12 34/4 61/22 19/8 19/10 22/4 27/13 29/5 30/5 30/5 65/22 80/10 80/19 81/3 85/4 100/4 33/5 35/16 37/15 37/16 51/13 52/5 52/7 101/21 102/15 103/12 112/4 112/7 53/24 54/17 54/20 58/11 58/19 58/22 130/16 152/7 152/14 161/2 166/20 61/8 62/13 62/20 70/4 77/11 78/10 167/8 171/17 78/11 78/11 78/19 79/16 79/17 82/7 indicates [10] 55/11 66/1 72/13 73/9 85/24 93/25 98/4 101/9 101/25 106/2 86/2 86/10 92/7 105/17 105/24 109/24 111/4 111/7 115/1 115/2 118/23 124/8 indicating [4] 21/21 79/24 82/16 117/23 125/17 125/18 126/1 126/6 126/12 indication [1] 55/17 126/14 126/15 126/15 127/13 129/1 individual [4] 14/11 80/4 144/3 144/20 129/10 133/21 135/6 139/14 139/18 individually [2] 136/24 143/23 140/11 141/5 142/3 142/11 142/18 individuals [1] 14/6 146/25 147/2 148/17 149/4 150/20 influential [1] 148/8 154/8 155/6 167/19 170/6 170/21 information [14] 24/7 65/16 85/23 99/8 175/15 177/8 178/13 178/15 178/19 132/15 132/21 133/4 133/9 134/8 179/25 180/1 item [1] 42/3 135/12 135/20 163/23 167/3 174/9 informed [2] 17/25 18/2 its [7] 11/9 31/25 62/19 67/17 92/2 initials [1] 145/3 132/15 175/25 initiate [2] 148/12 148/12 itself [10] 30/17 30/23 34/7 42/19 50/14 input [1] 112/23 57/19 135/13 152/16 177/16 178/8 inquiring [1] 161/3 J inquiry [2] 24/5 24/10 JAMES [10] 2/6 3/3 19/21 19/22 20/6 insist [3] 99/11 103/1 123/10 insisted [5] 79/21 99/10 102/24 103/2 96/14 156/10 156/12 156/16 161/9 Jenke [13] 46/11 46/17 57/15 58/3 58/21 105/20 instance [1] 58/13 173/20 173/21 173/22 174/6 174/17 Instead [2] 28/17 59/7 175/10 175/17 175/21 Jenke's [3] 57/20 59/3 174/12 instructed [1] 28/6 Jennifer [9] 13/22 16/25 17/6 17/12 insurance [1] 156/19 intelligible [1] 38/20 17/19 18/5 18/8 61/22 100/3 Jim [2] 33/1 97/22 intended [2] 102/3 102/6 Joe [2] 4/20 113/6 intent [2] 132/9 159/20 joint [20] 7/13 9/10 9/15 25/20 26/3 26/4 intention [2] 86/20 153/8 intentional [1] 108/2 26/5 26/11 30/5 55/20 92/3 99/16 intents [2] 89/17 92/5 102/22 102/25 141/6 142/11 142/11 interest [2] 115/20 115/23 142/24 143/5 144/7 jointly [1] 155/3 internet [1] 155/14 JOSEPH [8] 1/16 2/6 2/20 14/7 19/21 interrupt [3] 49/23 100/10 103/4 interview [2] 55/1 154/24 19/22 20/6 93/3 I judge [17] 1/10 4/8 10/12 18/6 34/4 39/25 42/22 67/7 67/8 68/20 71/25 97/15 102/3 102/6 145/3 162/17 164/15 judgment [2] 13/15 173/5 juror [1] 119/19 jurors [1] 119/24 jury [17] 33/16 95/1 95/1 95/8 96/16 96/21 97/10 99/19 119/12 119/13 119/15 119/20 136/2 136/2 150/12 165/4 170/8 just [83] 5/7 5/13 7/4 7/5 7/21 8/12 10/24 11/1 11/24 14/24 17/8 17/11 19/23 23/17 24/11 26/5 26/10 27/22 34/24 35/9 37/10 38/1 38/20 40/11 41/3 44/15 44/20 46/4 46/19 46/20 49/3 50/8 52/4 52/7 52/24 56/21 60/22 61/19 61/21 61/23 63/7 63/25 67/23 76/6 76/22 77/11 78/19 81/10 81/16 87/6 88/1 88/23 90/10 100/15 102/17 104/25 108/18 116/14 119/24 121/19 126/5 137/4 137/8 141/10 144/15 144/25 145/10 147/19 147/20 147/23 148/14 151/18 152/3 154/3 159/15 159/16 162/18 169/18 173/8 175/9 176/12 177/12 177/24 K keep [10] 7/12 13/9 13/11 22/8 41/14 41/14 85/2 85/6 122/25 134/14 Kelly [3] 13/19 13/21 18/1 kept [1] 102/16 key [2] 99/4 107/20 kind [1] 129/19 knew [1] 95/19 know [94] 6/11 6/24 8/24 9/22 10/7 11/19 17/24 22/1 29/19 30/1 30/3 30/14 32/16 33/1 34/21 35/3 36/13 37/24 39/24 41/8 44/25 45/9 45/11 45/15 56/24 61/20 63/5 65/4 65/20 66/8 66/19 66/24 67/8 67/9 70/18 70/22 70/23 72/18 74/23 75/18 83/25 85/17 85/18 89/12 90/23 98/2 99/23 99/24 100/10 101/5 102/6 102/12 104/7 104/24 116/6 116/11 116/18 120/17 120/23 121/3 121/5 121/8 121/9 121/10 121/16 121/18 121/19 122/5 122/13 123/3 124/6 125/5 130/5 131/24 133/10 134/19 135/4 142/9 143/12 144/24 144/24 146/14 146/15 146/21 146/25 147/16 150/2 165/9 172/15 173/17 173/18 174/15 174/21 174/22 knowledge [1] 133/13 known [1] 170/7 knows [2] 67/19 174/16 L lack [1] 138/9 Lafayette [2] 1/11 1/19 laid [1] 20/25 language [20] 29/10 47/5 75/7 79/21 102/24 103/1 104/1 105/20 106/12 129/16 131/18 131/19 132/1 133/14 150/7 151/7 152/4 157/23 158/18 168/25 last [16] 30/5 59/5 62/20 72/19 73/5 73/5 86/2 86/7 86/8 103/7 105/16 109/19 134/2 147/17 162/6 171/16 later [7] 102/19 108/23 128/12 160/1 160/5 160/17 179/8 law [14] 58/25 59/19 75/23 76/9 122/4 122/11 122/16 122/25 123/1 127/18 136/17 163/20 170/10 172/23 lawsuit [1] 144/1 lawyer [13] 68/18 76/10 120/11 123/19 124/7 127/4 127/12 127/23 128/5 128/5 L lawyer... [3] 145/16 157/25 169/2 lead [1] 93/11 leading [10] 101/25 102/4 106/2 131/3 131/5 132/4 136/11 136/13 144/11 148/17 learned [1] 95/21 least [4] 86/3 97/11 117/4 157/3 leave [2] 48/24 49/1 LEE [4] 2/6 19/21 19/22 20/6 left [7] 33/18 51/12 99/20 100/9 139/10 140/19 159/4 legal [5] 75/18 103/15 104/1 145/15 145/18 let [12] 7/23 29/13 41/3 80/10 86/9 98/14 104/25 111/22 122/6 122/18 131/22 154/14 let's [8] 7/3 19/13 26/6 27/21 29/14 101/22 102/17 102/18 letter [3] 121/25 122/14 132/14 level [1] 97/9 liability [6] 97/24 98/10 98/25 107/21 114/9 133/23 licensed [3] 68/18 93/6 93/9 lie [2] 110/17 121/17 lied [3] 110/14 111/9 111/16 like [18] 40/6 40/8 42/4 42/16 60/13 61/22 67/15 80/18 97/11 113/11 119/24 127/24 136/6 136/7 167/18 172/24 173/4 174/25 liked [2] 35/18 39/2 likelihood [2] 123/9 134/21 Likewise [2] 51/14 177/7 limit [4] 30/19 170/10 172/24 173/4 limitations [1] 162/22 limited [6] 30/21 30/22 41/18 48/1 108/10 134/18 limiting [2] 104/20 105/7 line [8] 74/17 103/11 117/12 148/4 152/16 152/18 153/19 153/25 lines [2] 73/5 152/9 list [14] 5/16 5/21 14/4 65/22 65/25 138/10 138/18 141/15 160/25 161/8 162/21 177/5 177/7 180/12 listen [6] 14/24 35/25 87/8 113/6 123/13 159/25 litigation [1] 84/7 litigator [1] 100/25 little [2] 119/3 138/7 long [8] 45/15 56/12 66/4 83/2 93/9 127/4 127/12 162/9 look [12] 16/19 34/18 34/24 59/13 66/25 78/1 78/4 102/25 109/4 114/16 131/11 175/15 looked [3] 14/4 45/3 97/11 looking [4] 45/8 137/21 151/16 179/22 looks [1] 37/14 lot [1] 85/18 loved [1] 42/16 lunch [5] 76/23 138/8 142/15 155/5 180/11 lying [1] 121/16 M ma'am [3] 69/2 72/12 93/8 made [42] 8/21 23/18 23/24 24/2 24/4 24/6 38/25 40/21 46/11 49/5 49/18 50/25 54/16 57/15 63/21 64/10 65/13 79/13 80/15 80/21 94/4 95/6 95/23 97/21 101/1 101/13 109/25 112/24 115/6 115/6 115/18 118/21 120/22 133/6 136/25 141/4 145/19 167/16 168/10 173/2 173/22 174/6 mail [3] 71/11 82/8 101/17 mails [1] 94/12 major [1] 17/21 make [34] 11/14 24/5 24/10 39/25 50/18 59/25 61/11 62/23 63/1 63/15 65/8 65/8 65/17 65/20 67/15 70/7 70/9 77/1 77/21 78/13 79/15 83/13 95/7 116/7 124/24 125/20 128/3 134/17 143/6 143/13 144/13 167/7 167/11 169/16 makes [2] 130/7 145/17 making [8] 29/6 52/1 81/14 118/9 118/14 139/9 159/25 177/12 malpractice [1] 89/25 Management [1] 96/15 manager [2] 13/22 100/4 mandamus [1] 67/19 mandate [1] 128/5 many [5] 33/22 36/22 42/17 127/15 169/5 MARIE [1] 1/18 mark [3] 26/5 141/7 143/3 marked [6] 25/13 26/19 27/5 59/6 72/23 142/24 Marshal's [1] 18/1 Mary [1] 162/6 material [45] 13/12 15/5 15/8 15/13 15/13 41/4 41/4 43/6 43/8 43/13 43/18 49/16 49/20 50/10 50/13 50/19 50/22 54/1 54/5 55/4 57/1 58/1 60/21 83/11 83/20 83/22 84/4 86/14 88/17 120/4 120/6 164/2 164/5 164/9 164/9 166/5 166/12 166/21 168/3 170/19 170/25 171/2 172/4 172/4 172/9 matter [11] 31/1 31/14 56/14 66/5 68/25 79/4 93/12 99/5 104/18 114/16 169/13 matters [1] 94/16 may [44] 10/25 11/17 13/3 14/18 16/3 18/14 19/16 20/1 27/22 31/15 34/16 41/8 46/17 48/23 58/21 64/14 72/25 91/14 92/22 93/10 94/12 97/14 103/14 103/20 109/13 110/18 113/6 116/15 117/9 118/7 120/12 127/13 127/21 127/21 132/20 133/4 139/7 140/20 143/18 152/24 159/4 175/2 176/12 176/14 maybe [5] 15/21 52/5 84/17 123/9 151/17 MCCLOREY [5] 1/16 4/22 112/24 121/7 122/1 McClorey's [1] 110/15 MCGUIRE [38] 1/3 4/10 4/14 4/17 22/12 23/20 24/2 32/21 33/2 44/5 44/16 45/16 45/19 49/5 49/7 51/14 54/16 54/20 57/4 99/24 123/15 125/20 125/24 126/19 126/24 127/2 144/2 144/20 144/22 145/1 176/19 176/19 176/23 177/1 177/6 177/8 180/3 180/4 McGuire's [2] 57/16 101/3 MCLAUGHLIN [44] 1/16 2/21 2/23 4/22 81/16 92/25 93/5 99/15 100/14 102/1 102/9 103/16 103/24 104/11 104/25 105/4 105/15 106/4 107/6 108/22 122/1 130/11 130/14 131/8 131/12 131/17 132/12 133/2 135/11 135/19 136/14 140/24 143/18 143/21 145/24 146/17 148/1 148/24 149/18 151/5 152/1 153/15 155/10 180/10 me [136] 5/13 7/21 7/23 8/1 10/3 12/19 12/20 16/13 17/10 18/20 18/21 19/23 23/19 25/3 26/10 28/12 29/13 30/1 30/2 30/8 30/12 30/13 31/15 38/13 43/11 43/17 43/21 44/5 44/19 45/2 46/15 51/21 59/17 60/5 60/11 61/13 61/25 62/24 63/3 63/9 65/10 65/10 65/24 66/12 67/9 69/11 69/20 70/3 70/20 70/23 71/10 72/12 73/4 73/8 73/21 78/10 78/13 79/24 80/8 80/10 80/21 81/3 82/3 86/1 86/7 86/9 87/3 87/11 87/15 88/3 88/8 89/16 89/22 89/23 91/3 98/6 101/17 106/22 107/3 108/18 109/6 110/23 111/15 111/22 115/2 115/12 117/7 117/16 118/5 118/8 118/13 118/21 119/9 119/16 119/21 120/3 120/13 120/14 122/6 122/18 123/13 123/19 123/20 124/16 126/8 126/9 127/5 127/9 128/16 128/18 128/18 128/20 128/20 134/23 136/12 139/4 139/21 141/24 143/15 144/12 152/8 154/14 154/18 159/22 161/4 163/2 168/11 169/9 169/15 174/5 175/1 175/6 177/21 177/24 178/3 180/10 mean [28] 14/9 20/15 29/12 30/21 31/24 35/14 42/15 44/13 44/21 45/4 50/2 50/8 69/25 74/23 75/8 75/15 95/10 126/20 143/25 149/5 149/6 151/20 153/4 159/1 161/17 163/21 170/6 170/6 meaning [2] 71/3 112/21 means [5] 36/18 73/18 74/3 83/25 159/2 meant [1] 151/13 mechanical [1] 162/18 media [19] 30/22 33/25 70/8 70/9 72/7 100/6 108/1 133/20 133/25 133/25 134/1 135/21 150/21 152/8 152/10 152/13 157/12 161/10 163/4 meet [2] 96/4 96/5 meeting [8] 54/3 55/8 57/3 57/14 57/17 57/25 80/6 80/13 members [9] 14/11 33/25 78/23 80/5 81/4 81/7 100/19 101/2 101/4 memory [5] 77/25 94/19 104/7 140/3 140/4 mention [1] 82/11 mentioned [7] 80/14 87/4 87/5 112/13 132/13 152/3 155/23 merely [1] 161/5 Messrs [6] 20/8 44/16 99/24 127/2 144/20 144/22 met [4] 41/7 49/17 53/11 92/8 metcalf [2] 1/18 1/20 Michelle [2] 68/5 68/17 MICHIGAN [10] 1/1 1/11 1/20 4/1 4/6 68/18 93/7 96/15 138/4 156/20 middle [3] 35/17 67/22 179/16 might [6] 9/18 18/12 114/25 127/25 135/21 141/7 MILLER [36] 1/14 2/12 2/17 2/19 4/17 44/17 56/6 68/2 68/3 68/5 68/13 68/17 72/1 75/7 76/17 79/7 82/23 83/1 84/25 91/13 91/18 100/1 101/5 104/19 105/6 108/13 144/25 145/2 150/19 164/16 164/21 165/6 165/16 165/19 165/21 166/1 mind [24] 36/15 41/20 57/14 68/16 76/3 78/23 78/23 108/8 115/6 115/7 115/18 116/2 116/12 119/1 123/17 123/18 125/16 125/17 125/18 129/17 146/1 156/15 160/9 162/5 minds [5] 54/3 55/9 57/3 57/17 58/1 minimize [1] 170/11 minute [5] 5/13 19/23 59/14 103/18 177/24 minutes [2] 5/10 9/8 mismarked [1] 26/2 misrepresented [1] 56/15 miss [1] 172/6 missed [1] 52/5 missing [2] 43/16 84/17 mistaken [1] 116/2 misunderstanding [1] 152/11 MMRA [3] 144/9 156/18 156/19 moment [2] 7/23 9/19 M momentum [1] 114/18 Monday [2] 94/13 94/14 monetary [1] 84/13 money [12] 23/5 42/10 55/25 86/15 113/7 117/24 120/5 123/14 126/3 137/2 149/20 172/2 monies [3] 53/14 54/7 57/10 month [2] 65/12 122/13 months [1] 132/14 more [22] 30/15 34/25 38/11 52/24 54/11 59/11 80/7 93/21 95/2 105/24 106/12 106/15 107/10 108/20 119/5 121/22 124/25 125/7 127/3 129/9 137/16 148/3 morning [16] 4/13 4/16 4/19 4/21 4/23 56/8 56/9 77/9 94/24 96/13 141/3 155/14 176/11 179/8 179/14 179/24 most [1] 6/9 mother [1] 101/2 motion [36] 5/6 5/10 6/9 8/24 10/12 10/15 52/1 52/6 53/1 53/7 53/8 53/11 53/21 53/22 60/4 60/14 61/9 61/12 65/19 67/18 109/21 119/17 138/9 138/13 138/17 138/23 140/9 149/7 149/9 167/8 167/11 167/16 167/20 177/11 179/2 179/3 motions [2] 67/16 179/16 motivation [1] 119/20 mouth [1] 38/17 move [5] 6/5 36/4 49/12 51/10 86/22 moved [3] 19/8 25/21 25/22 moving [5] 19/10 19/11 49/14 54/21 124/19 Mr [434] Ms [82] 2/17 2/19 2/21 2/23 13/19 14/7 15/16 16/9 18/17 44/16 56/6 62/7 64/19 66/11 68/3 72/1 75/7 76/17 79/5 79/7 80/22 81/16 82/23 83/1 84/25 91/13 91/18 92/25 93/5 99/15 100/1 100/14 100/15 101/5 102/9 103/16 103/24 104/11 104/19 104/25 105/4 105/6 105/15 106/4 107/6 108/12 108/22 110/14 112/24 121/7 130/11 130/14 131/8 131/12 131/17 132/12 133/2 135/11 135/19 136/14 140/24 143/17 143/21 144/24 145/2 145/24 146/17 148/1 148/24 149/18 150/19 151/5 152/1 153/15 155/10 164/21 165/6 165/16 165/19 165/21 166/1 180/10 msn.com [1] 1/20 much [6] 47/1 48/23 92/21 125/5 156/6 175/5 multiple [1] 53/25 municipal [3] 96/15 136/16 156/20 must [4] 92/8 122/20 129/25 176/12 my [91] 8/19 10/9 11/11 14/19 23/23 34/20 35/3 39/7 40/2 40/21 46/25 50/1 53/8 59/18 60/24 61/7 61/21 62/1 63/17 64/1 64/22 67/12 67/21 79/14 80/21 82/3 84/24 86/16 86/17 86/23 87/23 89/2 89/2 89/3 89/14 90/1 91/8 94/19 101/18 104/7 106/21 106/21 106/22 107/25 111/4 113/1 113/15 117/23 118/22 118/25 119/9 122/2 122/13 123/8 123/17 123/18 123/21 125/16 126/14 126/15 126/20 127/1 131/15 135/6 135/7 135/8 135/10 136/16 139/10 145/6 146/1 149/9 150/4 150/5 151/10 151/16 152/22 155/14 158/7 159/25 160/9 163/19 167/9 167/11 168/5 168/17 168/23 170/14 176/18 176/18 180/1 myriad [1] 56/11 myself [18] 69/7 79/19 82/7 86/4 87/13 92/24 94/8 96/13 96/20 97/15 97/21 102/23 109/22 123/8 145/3 150/21 164/17 178/17 N name [10] 19/20 20/5 68/4 68/16 77/17 78/24 156/15 162/5 162/6 173/19 narrative [2] 100/12 151/20 nature [2] 97/18 108/9 necessary [3] 56/13 77/7 77/10 necessity [4] 163/5 163/8 172/8 172/21 need [17] 9/23 10/18 15/1 15/14 51/17 51/18 56/24 57/4 65/4 66/13 67/5 77/2 81/13 100/12 102/14 163/17 165/3 needing [1] 97/20 needs [4] 13/1 15/24 141/3 141/3 negotiate [5] 71/14 164/25 165/18 166/16 166/19 negotiated [5] 50/23 87/13 88/10 89/4 167/4 negotiations [14] 80/19 83/6 83/14 87/14 89/19 95/9 96/1 118/10 148/4 159/3 164/12 164/15 164/21 167/6 neither [1] 80/22 never [14] 37/16 82/15 86/19 87/19 88/8 89/12 89/20 89/21 118/8 118/13 118/21 119/8 133/22 165/11 news [33] 5/22 6/1 9/12 14/8 21/13 29/5 44/7 44/10 48/18 50/24 55/1 58/24 70/15 95/20 106/16 106/24 107/14 107/17 121/25 122/14 132/14 146/7 152/14 153/21 154/25 155/13 168/1 168/24 173/24 174/11 174/23 175/5 175/16 newspaper [6] 21/21 41/20 150/2 152/16 167/25 169/24 next [14] 13/17 28/10 38/23 49/2 64/8 64/15 67/12 67/14 67/25 76/19 92/23 156/8 161/25 164/8 nice [3] 39/11 39/15 42/10 night [1] 179/16 nine [1] 109/24 no [189] nobody [2] 80/20 82/19 nodding [1] 116/25 non [1] 62/6 non-settlement [1] 62/6 nondisclosure [1] 136/21 Nope [1] 29/22 nor [5] 8/21 51/8 88/16 92/10 107/25 not [288] note [1] 160/24 notepad [5] 77/13 77/21 78/3 78/3 78/7 notes [3] 50/1 139/10 151/16 nothing [9] 108/16 125/6 128/10 128/12 129/8 152/8 155/21 160/19 172/8 notice [1] 176/25 November [3] 1/12 2/3 4/2 now [37] 5/7 25/2 26/6 26/18 27/21 30/8 33/4 35/17 35/21 36/2 37/11 37/21 53/8 54/5 55/7 60/3 66/8 66/24 67/8 70/7 70/24 75/16 75/18 113/4 114/24 131/1 131/10 137/10 137/13 146/18 149/3 149/8 166/5 167/3 167/13 170/22 175/15 nowhere [1] 87/4 number [29] 4/9 16/4 21/18 30/5 30/9 34/17 50/18 53/15 56/11 59/6 86/8 88/4 92/3 97/12 99/7 118/18 134/17 134/21 138/6 141/14 149/21 155/6 157/7 171/8 171/9 171/12 175/22 176/1 177/5 numbers [4] 80/24 81/5 95/18 98/18 numerous [1] 83/5 O Oak [16] 31/23 32/4 32/12 32/14 32/16 32/17 32/24 32/25 33/1 96/14 132/20 144/8 162/8 162/16 162/18 176/1 Oakland [1] 154/4 oath [1] 110/14 object [27] 5/19 8/3 8/13 10/1 10/4 11/6 12/1 22/3 31/2 46/13 46/17 75/22 104/3 104/22 105/10 106/1 114/2 116/8 131/2 144/10 145/11 146/12 148/14 158/14 162/20 171/22 176/4 objected [2] 69/22 69/25 objecting [1] 115/8 objection [32] 5/20 5/21 8/16 10/20 11/2 11/23 12/3 12/6 12/13 22/17 46/24 46/25 62/9 62/11 63/11 81/14 98/11 98/12 101/24 102/4 114/23 116/7 131/21 141/19 142/7 142/10 142/21 142/23 145/13 145/19 148/18 168/10 objections [1] 178/13 obligation [8] 51/10 51/13 54/20 54/22 55/18 59/2 91/24 126/21 obligations [1] 49/17 observed [1] 117/8 obvious [1] 67/1 obviously [4] 55/8 66/21 73/17 149/22 occasions [1] 56/11 occur [4] 73/18 96/3 127/21 127/21 occurred [6] 55/1 58/18 58/24 59/4 101/16 134/18 occurring [1] 151/19 off [4] 40/23 97/8 114/19 126/9 offer [6] 104/19 105/7 113/16 116/16 117/19 169/13 offered [5] 34/4 64/6 95/11 95/13 176/8 offering [1] 117/24 offers [3] 33/20 70/11 94/4 office [11] 86/20 89/13 89/14 91/8 106/21 122/4 127/23 127/24 150/4 176/18 176/19 Officer [2] 31/22 31/23 officers [4] 29/24 121/21 124/24 133/23 officials [1] 176/3 oh [32] 9/5 34/9 37/13 51/24 53/2 77/16 84/22 97/3 98/4 99/18 105/19 106/19 108/19 110/25 114/3 118/12 119/22 121/22 128/1 128/14 128/19 130/9 132/8 133/12 134/12 137/12 142/22 142/25 149/2 151/2 157/10 169/11 okay [269] older [1] 119/3 on [147] 1/14 1/17 4/14 4/17 4/20 6/24 7/11 8/18 9/3 11/1 11/21 13/11 13/20 14/1 15/10 16/9 17/3 17/17 18/4 20/7 21/24 22/22 24/14 25/5 25/17 26/3 28/5 28/16 30/24 32/11 33/19 39/10 40/23 40/23 40/23 41/19 41/19 46/17 47/11 51/11 53/9 56/11 56/25 60/18 62/6 63/18 64/3 65/12 66/18 68/20 71/14 72/20 79/21 83/17 84/5 84/16 88/18 88/19 91/20 92/6 92/13 94/5 94/11 94/12 94/13 94/14 94/17 94/19 95/7 96/1 98/18 99/6 100/12 101/12 101/13 102/5 102/13 102/24 103/1 103/2 103/15 104/1 105/20 105/22 109/23 109/23 110/1 112/23 112/25 113/1 113/3 113/24 118/11 120/4 120/20 122/3 122/11 122/16 123/14 124/18 124/19 126/4 127/23 130/16 132/16 133/13 138/9 139/19 141/14 141/14 142/15 146/18 148/2 149/3 149/3 149/7 149/16 150/17 151/9 152/16 152/18 152/18 153/3 153/19 153/25 155/3 155/18 158/4 158/23 158/24 159/1 O on... [16] 159/2 159/16 159/19 160/8 160/16 161/4 161/5 162/11 162/20 168/11 171/18 172/16 173/1 174/7 177/7 180/11 on-line [4] 152/16 152/18 153/19 153/25 on-the-agreement [1] 159/1 on-the-spot [3] 158/23 158/24 159/2 once [2] 89/5 150/2 one [101] 5/24 7/13 9/4 9/9 9/10 13/8 15/7 16/4 20/25 21/18 24/17 24/18 24/19 24/19 24/22 24/22 25/7 25/19 25/20 26/10 27/6 30/9 33/8 37/12 50/18 51/5 53/15 53/24 53/25 54/6 54/16 56/2 59/7 64/19 69/2 71/3 72/13 72/24 73/19 80/7 86/2 86/3 86/8 88/4 89/21 90/2 91/20 91/24 92/3 99/17 103/1 104/7 104/17 106/6 108/20 111/16 111/24 116/1 118/20 118/24 120/6 125/3 127/3 127/6 127/7 127/25 133/14 138/18 139/10 139/21 139/23 143/4 144/1 144/1 144/2 144/6 144/7 144/19 146/15 151/17 152/7 155/4 157/7 164/6 164/7 167/23 168/11 170/8 171/9 172/14 173/17 173/18 173/24 174/14 174/21 174/23 175/7 175/22 177/6 177/18 178/19 one-page [1] 20/25 ones [4] 18/22 19/8 140/4 147/22 only [29] 30/21 30/22 33/23 58/6 61/12 79/14 79/18 79/22 82/11 95/14 104/21 105/8 108/11 110/15 111/17 115/1 115/24 116/1 118/24 125/13 128/17 128/19 136/16 139/21 142/23 148/11 148/21 157/7 164/14 open [1] 178/20 opinion [18] 6/8 10/11 10/14 11/9 13/13 14/2 50/13 54/12 145/12 145/13 145/16 147/13 163/19 166/11 168/5 168/17 168/23 172/12 opinions [1] 8/21 opportunity [7] 41/16 60/1 65/17 65/21 78/1 83/5 91/19 oppose [1] 8/25 opposed [1] 170/7 opposite [1] 45/5 option [1] 67/6 options [2] 67/6 67/13 or [133] 13/12 18/25 21/13 22/9 22/11 23/1 23/1 27/25 29/4 29/8 30/12 40/13 41/7 41/19 43/15 44/5 45/17 47/14 48/8 50/3 51/5 51/22 52/8 52/19 54/17 55/23 57/8 60/20 62/6 64/11 66/17 69/4 70/8 70/11 70/11 71/2 71/3 71/4 74/2 74/4 74/9 74/13 76/2 77/25 78/10 80/4 80/5 80/14 80/15 80/18 80/18 80/20 82/7 82/8 82/10 84/7 84/8 86/11 86/21 87/17 88/1 89/3 92/15 92/17 94/4 94/13 94/14 96/7 99/4 99/7 99/12 99/13 100/1 100/1 101/18 103/3 104/9 104/15 104/15 104/19 105/6 105/16 107/13 108/9 112/3 112/24 113/7 113/18 116/19 118/20 118/24 119/9 120/10 121/4 122/13 123/23 128/5 129/7 130/19 130/25 131/13 131/13 133/8 134/18 134/25 135/4 136/20 136/24 139/15 140/4 143/4 143/12 143/14 143/23 147/20 147/21 148/12 148/23 150/5 151/24 152/16 154/4 158/10 165/7 165/16 165/19 165/21 170/11 172/10 173/17 175/16 178/16 179/21 order [37] 5/5 6/12 6/12 6/16 6/18 7/1 7/2 7/4 7/6 7/7 8/23 9/24 9/25 10/11 10/14 10/19 10/24 11/11 13/13 14/2 participate [2] 164/11 164/20 particular [7] 52/19 57/18 133/20 153/10 156/23 163/17 171/5 particularly [1] 73/5 parties [29] 9/3 9/16 15/4 28/17 33/24 41/6 56/10 56/22 59/7 60/9 64/5 65/3 72/13 73/13 74/2 80/15 85/1 95/15 96/8 96/17 96/17 106/7 124/23 129/10 139/8 144/7 160/10 164/15 167/4 partner [3] 122/2 122/15 122/19 party [9] 19/11 27/25 28/6 37/1 49/14 54/21 129/6 146/6 149/24 party's [4] 27/25 145/7 146/2 146/10 passenger [1] 84/16 past [2] 134/16 167/19 patience [1] 67/21 Paul [4] 9/11 95/19 106/25 153/23 pause [10] 5/14 19/14 19/25 51/19 59/15 65/7 103/19 137/5 139/12 141/9 pay [6] 113/12 113/19 126/3 126/4 126/21 126/24 payable [1] 17/18 paying [2] 114/21 137/1 payment [7] 53/13 53/19 54/7 57/8 57/10 91/25 92/8 payments [1] 55/25 penalties [1] 106/9 people [3] 85/18 101/12 133/18 percent [5] 14/12 88/12 88/15 96/19 100/1 period [5] 66/4 88/2 127/14 138/8 162/14 permissible [1] 170/10 perpetrator [1] 33/10 person [5] 28/1 70/18 161/10 163/4 173/19 personally [1] 126/21 persons [3] 33/23 36/22 95/14 perspective [3] 97/12 170/3 170/14 persuade [1] 51/13 persuasion [1] 19/12 phone [2] 94/11 127/23 phrase [9] 59/6 73/17 75/9 75/14 76/2 76/6 79/13 86/2 86/7 P piece [4] 23/3 103/15 104/12 131/11 p.m [5] 137/25 138/2 177/25 178/1 place [17] 44/12 48/17 55/15 64/9 69/3 180/14 71/17 80/12 81/8 87/14 91/4 96/10 package [1] 9/19 114/23 116/1 127/23 129/3 131/1 148/4 packet [1] 142/16 placed [2] 8/19 25/5 page [6] 2/10 20/25 35/17 109/19 placement [1] 37/25 plaintiff [28] 11/20 25/23 25/25 49/14 109/23 109/23 pages [2] 109/19 112/24 51/11 52/9 52/10 52/13 52/14 53/1 paid [3] 49/25 50/6 149/20 53/10 53/18 56/1 59/19 64/6 69/4 70/4 paper [6] 23/3 103/15 104/1 104/13 70/25 79/5 79/11 95/12 106/17 136/23 131/11 152/15 138/13 138/14 149/10 176/12 178/19 papers [1] 154/5 plaintiff's [5] 19/22 128/5 143/23 144/20 paperwork [2] 159/21 161/18 155/6 paragraph [28] 28/10 28/11 28/12 28/23 plaintiffs [30] 1/5 1/15 2/5 14/11 14/15 47/7 47/14 47/14 50/20 51/5 54/8 55/10 18/21 55/23 71/3 72/6 74/8 79/18 80/5 73/6 74/17 103/7 103/9 104/8 104/9 80/15 80/16 80/22 87/17 100/5 101/6 105/16 105/16 106/5 109/24 110/2 108/2 113/17 120/10 123/20 135/13 110/7 112/8 112/9 123/6 164/6 168/22 135/21 135/24 136/4 136/24 144/18 paragraphs [1] 54/6 149/20 177/17 Pardon [16] 10/3 12/19 17/10 25/3 43/11 plaintiffs' [31] 10/15 14/8 25/12 26/19 44/19 62/24 65/24 69/11 70/20 80/8 26/20 33/19 54/18 62/2 64/20 69/5 110/23 115/12 126/8 127/9 136/12 69/16 70/5 71/1 71/3 79/6 99/22 100/19 parents [1] 99/25 101/2 101/7 101/9 106/18 108/13 143/4 part [39] 10/7 10/9 10/14 10/15 10/25 143/5 149/9 150/5 150/14 150/20 11/7 12/2 12/8 12/11 53/24 55/7 77/12 164/16 165/1 177/5 plan [1] 172/16 78/15 84/11 110/10 110/15 110/22 planned [1] 108/3 111/11 111/17 111/18 111/20 112/2 play [1] 84/13 112/6 138/16 138/17 139/9 139/19 played [1] 150/16 141/4 141/6 141/8 142/16 143/14 pleading [2] 8/21 120/9 152/25 159/8 163/24 167/5 168/25 please [16] 4/8 4/12 7/9 19/20 23/19 171/18 173/2 14/5 18/22 25/10 26/13 26/14 26/16 26/19 37/25 52/9 56/23 59/24 66/3 72/2 72/3 95/7 124/18 125/23 order's [1] 26/15 ordered [2] 6/15 95/3 ordering [2] 64/7 179/6 orders [2] 67/21 172/15 ordinance [2] 176/1 176/2 original [6] 8/1 8/5 8/7 8/13 17/24 109/21 originally [1] 8/18 other [39] 9/15 10/10 22/25 45/25 49/4 51/4 51/12 54/2 71/21 75/2 82/22 86/3 91/5 91/11 94/16 95/7 101/4 116/5 117/18 117/25 119/25 137/13 141/8 142/10 148/25 151/6 152/2 152/3 152/5 154/4 155/13 155/15 157/9 157/14 157/23 161/18 173/25 174/25 175/7 our [42] 6/9 7/12 8/23 9/19 10/12 16/5 19/8 19/20 25/13 27/22 53/22 54/20 56/3 60/19 62/17 65/19 65/22 65/25 71/11 80/12 86/5 89/4 97/5 97/11 116/2 121/25 126/1 126/15 129/6 132/14 138/22 139/19 141/5 141/6 145/3 149/4 149/7 153/8 161/8 166/22 177/7 178/5 out [32] 6/11 7/25 8/2 8/10 18/1 20/25 23/22 31/17 32/23 38/16 41/25 51/18 66/10 71/14 85/19 99/22 104/25 109/7 120/14 120/16 120/18 122/13 134/15 140/19 150/14 151/15 154/3 159/4 162/11 166/20 170/4 172/15 out-house [1] 162/11 outlining [1] 149/25 outside [13] 44/15 45/12 45/14 91/5 91/8 95/8 99/21 146/21 146/25 147/2 147/17 174/13 175/22 over [9] 71/11 82/7 82/18 101/18 109/3 119/13 151/15 151/18 179/21 overall [1] 68/25 overruled [9] 22/5 22/19 75/24 98/14 105/12 115/13 145/21 148/19 168/11 oversight [3] 139/9 139/15 139/19 own [4] 84/24 92/18 113/24 114/19 P please... [11] 32/2 35/25 67/20 68/4 72/16 77/14 90/11 138/5 150/25 168/18 172/22 point [45] 10/22 14/12 16/4 20/13 21/9 45/22 52/7 56/21 58/25 60/5 60/8 60/11 61/9 61/13 64/19 66/16 68/24 69/2 70/10 79/11 80/23 95/19 96/13 96/20 96/22 97/2 99/6 101/5 101/10 101/17 104/10 106/3 113/23 114/19 116/22 121/18 125/24 126/2 126/14 128/2 133/17 150/23 155/22 167/15 176/10 points [2] 56/12 127/18 police [2] 46/11 173/21 policy [2] 124/6 124/8 polygraphing [1] 99/20 portion [1] 53/10 position [20] 19/8 37/11 41/16 44/2 50/8 50/10 52/25 53/13 63/19 70/11 71/5 84/15 88/24 89/3 89/4 97/5 126/7 126/15 141/6 149/10 positions [2] 64/5 96/8 possibility [1] 118/5 possible [4] 35/16 163/19 172/23 173/3 possibly [2] 115/10 154/17 posture [1] 70/11 potentially [1] 170/7 practice [1] 93/6 practiced [1] 169/4 practicing [1] 145/17 precedent [1] 92/8 preconceived [1] 178/22 precondition [3] 55/24 57/8 57/10 preconditions [2] 57/13 59/5 preliminary [10] 37/1 37/12 54/4 55/9 56/14 131/19 138/10 138/18 161/8 162/21 premise [1] 36/11 prepared [5] 51/8 55/12 88/16 109/20 109/24 preparing [1] 134/25 presence [4] 66/10 91/5 95/8 97/22 present [30] 18/25 20/7 41/16 44/5 44/9 44/17 46/14 57/4 60/10 60/13 63/20 64/7 64/12 64/16 68/20 77/22 78/9 95/16 99/24 99/25 101/3 101/3 119/14 133/25 156/25 164/15 165/4 172/13 176/12 177/6 presentation [1] 66/6 presented [12] 35/10 52/9 52/15 55/22 60/5 60/8 60/11 60/19 61/13 67/7 81/23 86/19 preserve [1] 61/21 presiding [1] 4/8 press [4] 21/13 23/20 29/4 57/15 presume [1] 131/9 presuming [2] 61/8 131/15 pretty [3] 4/25 137/23 175/4 prevent [5] 135/12 135/13 135/24 136/4 136/19 previously [4] 76/7 153/1 167/24 171/10 printed [4] 5/23 6/1 6/2 138/12 printing [1] 6/24 prior [11] 56/20 80/5 80/6 80/12 92/8 118/13 124/13 124/15 136/9 136/15 136/19 private [1] 136/20 privilege [2] 115/10 158/15 pro [1] 92/1 probably [6] 18/12 77/5 88/12 89/24 106/21 134/12 problem [4] 17/22 78/16 142/25 143/9 procedural [1] 149/13 procedurally [2] 60/23 61/3 procedure [3] 18/21 60/15 61/10 proceed [11] 5/2 19/16 20/1 23/18 63/10 64/14 65/2 101/15 103/20 143/11 143/18 proceeded [3] 93/15 94/24 95/25 proceeding [7] 5/17 7/8 11/12 24/8 67/22 117/4 179/4 proceedings [17] 2/3 5/14 10/13 10/16 10/17 11/21 13/1 13/6 19/14 19/25 51/19 59/15 65/7 103/19 137/5 139/12 141/9 process [2] 18/4 127/18 produce [1] 95/4 producible [1] 133/8 product [1] 115/9 proffer [25] 61/23 62/7 62/12 62/13 62/18 62/23 63/1 63/11 63/16 63/17 64/15 64/18 65/9 65/13 65/17 65/20 66/6 66/11 66/12 66/20 66/21 66/22 67/1 67/7 67/10 proffers [3] 66/9 66/14 67/11 program [1] 156/19 prompted [1] 69/3 prompts [1] 164/10 pronouns [1] 32/23 proof [2] 49/15 61/23 proofs [4] 49/19 51/12 51/16 52/2 proper [4] 14/14 14/15 18/9 51/3 properly [1] 18/18 proposed [5] 5/21 10/11 109/4 141/14 160/25 proposition [1] 76/1 protect [1] 63/7 proved [1] 58/12 proven [2] 58/9 58/10 provide [1] 16/3 provided [1] 167/3 provision [1] 122/20 public [7] 8/21 124/6 124/8 132/19 132/20 133/5 136/4 public's [1] 134/15 publication [2] 122/4 122/16 publicly [1] 135/14 published [3] 48/18 55/2 154/25 purported [3] 45/17 58/12 165/1 purposes [4] 7/7 7/8 89/17 92/5 pursuant [9] 14/5 26/8 37/11 40/18 43/4 43/14 103/4 133/8 134/24 put [26] 7/9 7/11 8/18 12/17 12/20 25/17 26/2 28/16 32/23 34/4 60/18 61/23 72/19 95/18 102/17 103/14 120/14 120/16 123/14 140/14 150/10 151/3 151/7 152/4 161/8 177/7 puts [1] 122/13 174/2 174/5 175/1 175/20 questioning [2] 148/5 178/17 questions [32] 30/25 31/13 31/15 34/23 37/9 38/2 39/19 41/10 41/18 43/5 43/12 43/18 46/1 58/14 71/22 71/24 75/2 82/22 85/9 91/12 92/20 103/2 114/10 119/14 125/14 147/20 156/1 156/2 157/9 157/14 157/16 173/7 quick [3] 9/7 59/14 159/15 quite [4] 35/16 40/17 58/25 95/17 quotations [1] 175/5 quote [7] 31/18 34/15 35/13 37/7 37/21 59/7 114/8 quoted [5] 29/5 34/18 35/4 58/21 106/18 quoting [1] 150/8 R r-e [1] 32/3 RACINE [12] 1/14 2/12 4/17 64/19 68/2 68/5 68/13 68/17 79/5 80/22 144/24 164/16 racing [1] 146/1 raised [4] 114/11 149/16 154/8 155/4 ran [1] 154/2 rather [1] 21/14 re [1] 148/12 re-initiate [1] 148/12 reached [3] 93/16 106/25 150/11 read [37] 8/22 8/23 27/15 27/17 28/4 28/11 29/6 29/9 34/13 34/14 46/7 46/10 46/20 46/21 47/3 47/7 73/4 74/24 74/25 77/25 106/16 106/20 107/17 110/20 111/5 122/17 132/24 152/15 152/15 152/16 153/18 153/25 157/19 173/13 174/20 175/13 175/14 reading [2] 91/10 110/4 ready [4] 5/1 93/1 140/24 169/16 real [2] 9/7 119/20 realize [1] 149/14 really [6] 88/1 98/3 115/11 115/13 117/14 146/11 reason [12] 15/19 15/22 15/23 62/2 98/16 119/16 121/17 128/17 128/19 148/22 150/23 165/12 reasonable [1] 176/25 reasons [2] 67/2 172/14 rebuttal [1] 176/13 recall [48] 6/20 14/10 21/20 33/11 33/21 33/22 33/23 34/1 34/3 34/6 34/20 42/2 50/1 69/19 70/24 71/7 71/10 71/13 71/19 79/8 79/10 79/19 79/24 80/3 80/10 81/10 81/21 81/24 82/2 82/6 82/11 82/13 82/16 92/14 95/10 95/13 95/14 99/6 99/25 112/7 113/2 113/5 117/21 117/23 117/25 131/10 148/4 Q 148/9 qualified [2] 145/15 145/18 recalled [1] 50/22 question [104] 17/8 17/11 23/23 31/5 recalling [1] 35/14 recalls [1] 138/6 31/8 31/9 31/11 32/1 35/3 35/6 35/9 35/25 36/2 36/5 36/11 38/19 38/23 39/5 receive [7] 5/17 10/21 10/24 11/1 11/10 39/7 39/14 40/2 40/19 40/22 42/23 43/3 12/21 42/11 received [8] 6/5 9/16 10/1 10/5 22/25 47/21 49/24 51/12 60/24 80/9 86/23 87/8 87/23 88/1 88/14 88/22 89/7 90/1 23/5 169/1 169/8 90/12 90/25 98/7 98/19 100/13 101/25 recess [4] 137/24 137/25 177/25 180/14 recognize [3] 98/24 99/5 99/8 104/3 104/25 105/11 106/2 106/2 recognized [2] 98/18 133/18 108/15 110/15 111/15 111/24 112/13 recollection [4] 62/19 130/25 131/13 113/7 114/23 114/25 115/3 116/9 120/25 123/18 125/19 126/9 127/5 131/16 131/3 131/5 131/9 131/23 131/25 132/4 reconsider [1] 67/17 reconsideration [1] 65/19 135/10 135/16 136/13 144/11 144/13 record [28] 4/11 8/13 8/18 10/23 11/7 144/15 145/18 146/1 146/2 147/17 147/24 148/9 148/15 149/12 149/16 12/3 12/9 12/11 12/12 20/5 24/11 26/2 150/19 150/25 151/25 152/2 159/15 26/18 28/16 33/19 40/11 41/3 61/20 159/25 160/14 165/12 165/13 165/23 61/21 61/23 63/8 63/18 63/25 95/7 99/7 165/25 168/8 168/14 169/18 173/5 141/10 152/25 161/4 R records [2] 10/7 10/10 recover [1] 52/11 recreational [1] 84/16 Recross [4] 2/19 48/13 48/15 91/17 Recross-Examiantion [1] 2/19 RECROSS-EXAMINATION [2] 48/15 91/17 recuse [3] 167/8 167/17 179/3 redacted [3] 24/21 24/22 27/23 redirect [13] 2/9 2/18 2/23 3/6 46/3 46/5 72/10 85/10 85/12 130/13 143/20 146/24 160/21 reduced [1] 83/20 refer [4] 31/22 78/2 132/16 168/19 reference [9] 80/16 83/24 99/3 109/25 112/24 130/7 134/17 160/1 171/12 referenced [2] 138/22 171/10 referencing [2] 32/4 64/23 referring [8] 33/15 36/25 89/2 147/11 147/19 147/20 147/21 149/15 refers [3] 32/13 32/17 32/20 reflect [1] 41/4 reflected [4] 9/4 13/13 56/2 138/17 reflects [1] 129/6 refresh [1] 77/25 refuse [1] 67/17 regard [11] 20/19 20/21 21/14 21/21 22/8 76/13 84/11 84/12 89/18 118/10 119/17 regarding [26] 14/7 15/11 36/12 36/15 41/10 43/6 65/10 70/10 71/5 79/4 80/3 80/24 81/1 81/21 82/2 95/3 97/9 98/9 98/10 105/5 106/11 112/13 132/15 134/3 161/10 163/4 regards [13] 21/15 39/2 39/8 39/17 40/5 42/4 42/17 54/8 55/23 67/12 98/1 163/16 178/17 regular [1] 173/2 regulatory [1] 136/18 relate [1] 76/6 related [4] 83/23 153/12 155/15 170/12 relates [3] 83/22 84/1 110/15 relating [2] 47/8 47/17 relationship [1] 175/25 relative [10] 23/1 23/7 28/6 28/7 64/4 80/17 81/5 86/16 96/8 98/17 relay [1] 14/21 release [30] 57/7 57/9 82/12 82/14 86/15 86/21 87/3 87/22 88/2 88/11 88/25 89/17 89/23 90/22 91/7 92/1 92/17 128/4 133/19 134/10 134/25 150/3 159/5 159/22 159/23 159/24 159/24 160/4 160/17 163/24 released [2] 87/18 160/11 releases [1] 88/7 relevance [8] 114/2 162/23 162/24 162/25 163/2 166/10 166/13 170/17 relevancy [3] 98/12 176/4 176/6 relevant [25] 10/13 10/16 11/12 12/9 12/14 13/1 13/6 15/3 16/4 22/18 38/2 41/14 98/3 98/4 114/3 149/12 154/6 154/8 154/10 154/17 155/7 164/1 164/25 170/21 170/22 relied [2] 8/20 138/15 relieve [1] 80/21 relying [1] 177/5 remain [1] 58/6 remarks [3] 99/12 118/15 119/10 remember [22] 33/6 33/10 33/14 35/16 38/13 69/9 69/22 70/2 71/6 71/16 71/17 79/7 81/6 94/10 96/6 107/2 113/8 113/12 113/13 113/18 113/21 175/14 render [1] 145/15 reopen [1] 10/15 repeat [2] 31/10 174/5 repetitive [1] 129/19 rephrase [7] 40/3 115/1 132/5 132/25 135/17 144/14 144/15 report [1] 29/4 REPORTED [1] 1/18 reporter [14] 19/20 34/22 36/12 36/14 37/5 38/6 38/21 39/14 40/14 41/22 42/1 77/17 95/20 106/24 reporters [2] 47/21 48/7 representations [3] 71/2 80/21 101/1 representative [8] 27/25 59/7 126/23 129/7 146/2 146/6 146/10 170/4 representatives [5] 28/18 72/14 96/17 144/8 145/7 represented [2] 161/3 180/10 representing [2] 81/11 132/17 represents [1] 123/19 request [14] 8/19 13/20 63/21 65/8 65/10 65/13 65/14 66/5 77/20 77/21 78/14 122/21 165/2 165/6 requested [7] 11/20 34/5 65/17 97/6 139/20 140/17 172/18 requesting [2] 19/3 140/13 require [2] 133/4 133/21 requirement [1] 166/5 requirements [1] 166/20 requiring [1] 81/25 rescind [1] 59/1 resolution [27] 31/1 31/14 34/23 35/2 35/22 35/24 36/13 36/15 36/16 36/18 36/24 38/7 38/21 41/21 42/19 42/21 58/19 68/25 79/4 80/6 80/17 84/11 84/12 99/5 117/18 118/16 179/5 resolve [8] 20/15 33/13 82/9 114/16 118/17 126/24 146/20 157/4 resolved [53] 28/15 28/25 30/10 30/16 30/20 50/21 54/12 58/4 64/20 64/22 64/25 69/5 69/8 69/16 69/21 70/5 71/1 74/19 75/11 76/6 79/6 79/11 79/12 79/14 79/16 79/17 79/23 101/6 101/9 101/9 101/11 105/18 106/14 107/9 107/12 108/13 108/15 123/7 125/6 125/7 125/13 129/8 129/11 134/2 134/5 143/22 150/9 150/20 152/12 164/7 168/23 169/25 171/11 resolving [4] 115/21 115/23 117/14 118/5 respect [13] 13/8 14/3 42/14 42/15 47/5 48/8 57/5 88/10 97/25 147/8 149/8 154/1 175/9 respond [2] 101/19 111/22 responding [1] 69/9 response [8] 10/9 37/8 39/1 64/23 69/7 106/23 113/9 134/1 responses [1] 53/3 responsibility [4] 22/8 47/25 92/14 92/16 rest [1] 65/15 restraint [5] 124/14 124/15 136/9 136/15 136/19 restricting [1] 178/16 result [1] 149/21 returned [2] 94/17 136/3 reveal [5] 21/10 21/17 21/20 48/1 48/4 revealed [4] 22/12 117/16 119/19 155/21 revelation [1] 120/22 review [6] 7/20 11/11 60/1 91/19 130/22 167/23 reviewing [1] 34/7 revisiting [1] 67/21 right [97] 5/9 5/11 6/4 12/21 13/10 13/17 16/2 16/11 18/5 19/15 24/14 25/24 26/23 27/3 27/7 41/9 42/24 45/12 46/2 49/2 49/10 52/10 52/11 52/18 53/8 53/12 53/19 53/21 56/4 57/24 59/1 59/14 60/3 60/6 60/21 61/10 61/14 61/16 63/15 67/8 69/4 76/19 78/11 81/23 81/25 84/8 84/10 86/1 93/12 94/1 94/18 94/24 102/7 102/20 110/8 110/16 111/3 113/14 113/25 116/8 116/24 120/19 126/22 127/8 127/10 127/24 128/6 129/17 129/24 130/1 130/17 131/10 137/10 139/1 140/23 143/17 146/18 153/14 153/23 156/11 158/22 159/6 159/9 159/11 160/8 161/25 167/3 167/13 170/22 176/9 176/21 177/13 178/2 179/6 179/13 179/23 179/23 rights [1] 84/21 Risk [1] 96/15 ROBINSON [118] 1/13 2/7 2/9 2/14 2/15 2/22 3/5 3/10 4/14 6/18 7/20 19/15 20/4 20/10 22/6 22/20 25/11 44/9 44/16 45/21 46/2 46/6 47/2 56/5 60/16 64/21 69/14 69/23 71/2 71/13 71/23 75/3 75/6 76/8 76/20 76/21 77/16 77/18 77/19 77/22 78/25 81/17 83/2 84/6 90/11 91/19 94/8 94/11 100/1 100/25 101/7 102/12 102/13 102/16 102/23 104/19 104/24 105/6 106/18 109/12 109/17 110/6 111/10 112/1 112/5 112/17 113/2 114/6 114/12 114/14 115/4 115/16 115/22 116/21 117/11 118/24 119/7 121/1 123/22 124/2 124/5 124/17 124/22 126/18 128/16 128/16 128/21 128/25 129/23 130/15 132/13 144/24 145/2 146/18 147/7 148/2 149/15 150/22 151/12 152/7 153/2 156/2 157/15 157/18 158/17 161/22 164/16 164/21 165/6 165/16 165/19 165/21 166/1 169/7 173/10 174/4 174/24 175/8 Robinson's [1] 146/6 Robinsons' [1] 147/5 room [6] 96/16 96/21 97/10 99/19 119/20 165/4 roughly [1] 162/14 Royal [16] 31/23 32/4 32/12 32/14 32/16 32/17 32/24 32/25 33/1 96/14 132/20 144/8 162/8 162/16 162/18 175/25 rule [22] 16/12 16/15 37/11 40/19 49/12 52/8 52/19 52/20 52/22 53/10 59/14 59/17 59/17 59/18 59/18 66/17 103/5 119/18 134/24 138/17 138/20 139/25 ruled [1] 149/6 rules [1] 65/18 ruling [11] 40/21 50/18 59/25 60/4 60/7 60/10 61/11 61/20 63/4 65/10 65/11 runs [1] 154/17 RYAN [39] 2/6 4/10 4/15 4/18 19/18 19/19 19/21 19/22 20/5 20/6 20/7 20/13 20/14 22/15 22/21 23/5 24/25 27/5 32/13 32/25 33/1 44/5 46/7 48/22 49/25 54/9 54/25 56/15 58/17 99/24 106/17 127/2 144/2 144/21 145/1 154/23 168/11 179/10 179/11 Ryan's [10] 56/18 57/17 59/24 60/1 101/2 121/20 123/15 144/22 154/9 174/10 S sacrosanct [1] 84/10 said [72] 14/16 14/18 29/21 30/7 30/15 31/19 31/21 34/6 35/14 38/14 40/5 41/22 42/16 46/17 48/8 54/8 54/17 58/18 58/20 64/5 64/19 64/21 64/24 69/23 69/24 70/3 70/15 71/4 71/13 74/2 74/5 74/14 79/7 79/8 79/18 80/4 80/16 80/23 81/6 81/6 81/10 82/10 85/1 86/20 S said... [28] 88/6 94/9 97/13 97/14 98/8 100/25 101/6 101/7 101/10 101/10 102/12 102/12 103/3 108/14 111/16 111/17 111/17 115/17 124/1 132/1 134/6 150/18 152/8 152/9 154/7 159/15 169/10 179/11 same [13] 10/20 22/17 57/16 101/13 102/13 119/23 120/1 128/4 145/18 155/17 168/10 169/7 175/5 sanctions [2] 179/22 179/23 satisfied [3] 38/11 158/18 158/21 satisfy [1] 56/1 Saturday [2] 94/12 155/18 saw [5] 14/15 15/9 23/19 99/22 175/14 say [100] 28/5 28/14 28/24 29/16 30/10 32/11 38/15 43/17 47/15 49/21 50/21 55/5 57/8 58/11 59/5 63/13 64/20 64/21 64/24 69/3 69/4 69/8 69/14 69/15 69/20 69/25 70/4 70/25 72/14 73/13 74/18 74/18 74/19 75/11 76/5 79/5 79/5 79/11 79/14 79/16 79/19 79/22 80/7 85/23 96/5 96/6 96/13 101/6 101/11 102/14 103/5 105/17 106/6 106/13 106/14 107/2 107/8 107/10 107/11 108/14 110/10 113/20 120/22 121/2 123/6 123/13 123/20 125/6 125/8 125/13 125/22 126/11 128/18 128/24 128/25 129/2 129/7 129/10 129/14 129/15 131/19 132/2 132/10 134/1 134/4 135/21 140/4 150/9 150/19 151/19 152/11 159/17 160/15 160/23 161/16 164/7 168/7 168/22 171/11 175/6 saying [16] 18/7 30/22 43/25 50/12 58/3 58/22 59/17 69/20 79/10 82/7 112/22 117/21 119/9 120/19 123/22 135/3 says [26] 27/24 28/22 30/9 47/15 49/21 50/20 59/7 73/12 73/16 74/20 88/4 106/7 110/7 110/12 111/11 112/10 123/1 125/9 128/16 128/23 131/18 150/22 153/24 164/6 172/12 177/5 scenarios [1] 127/25 schedules [1] 77/2 school [1] 76/10 scope [10] 104/20 105/7 115/14 146/22 147/1 147/2 147/17 152/22 174/13 175/22 screw [1] 102/15 seal [8] 6/8 6/25 7/4 7/6 8/20 64/9 95/17 97/7 sealed [7] 7/7 7/8 13/10 13/11 13/14 34/6 63/22 sealing [4] 6/12 6/13 6/17 6/18 SEAN [3] 1/9 4/7 16/24 search [6] 40/12 154/2 154/17 155/14 155/17 155/21 searches [1] 155/15 seated [2] 4/8 138/5 sec [1] 108/18 second [34] 17/16 27/24 28/10 28/12 28/22 47/7 47/14 50/20 51/4 54/7 54/15 55/7 55/10 55/10 62/17 74/17 89/2 89/2 89/3 104/8 105/16 106/5 106/5 109/23 112/9 137/4 164/6 168/21 172/25 173/1 173/17 174/23 177/10 178/15 second-guessed [1] 173/1 second-guessing [1] 172/25 Secrest [1] 162/12 secretary [1] 111/1 see [41] 6/16 9/7 9/20 10/12 10/16 11/24 16/3 17/25 34/18 35/1 35/18 45/19 45/21 47/14 63/19 67/5 109/23 110/1 110/5 110/18 110/22 112/25 115/14 120/1 122/5 129/16 134/3 137/23 150/1 150/14 155/17 164/24 172/14 174/23 174/25 175/9 175/12 176/10 179/15 179/23 180/4 seeing [1] 72/16 seem [2] 18/20 151/14 seems [4] 17/21 151/14 166/22 178/18 seen [12] 7/22 13/25 17/14 27/11 64/18 100/19 167/25 173/17 173/18 173/24 174/21 174/22 sees [1] 154/16 self [1] 156/19 self-insurance [1] 156/19 send [6] 90/13 90/16 90/19 91/10 109/3 172/15 sending [1] 86/21 sense [1] 79/16 sent [3] 87/22 91/7 91/8 sentence [11] 27/24 28/22 30/5 51/4 55/10 86/8 91/24 106/5 164/8 168/21 171/13 separately [1] 10/8 September [5] 109/21 120/10 122/3 122/16 140/9 serious [1] 117/4 seriously [2] 116/23 117/5 served [12] 13/21 13/24 14/1 16/9 17/3 17/12 17/17 17/18 18/4 18/4 18/18 176/18 server [1] 18/4 service [2] 14/3 18/9 session [5] 4/7 94/14 138/2 138/5 178/1 set [8] 6/9 28/19 59/8 72/14 102/21 119/18 149/7 171/13 sets [1] 73/14 setting [1] 11/9 settle [20] 29/25 30/13 31/19 32/8 32/25 107/20 117/22 128/3 128/21 129/1 135/14 136/23 147/10 148/9 148/23 150/23 158/7 160/4 164/10 170/15 settled [24] 32/12 37/23 38/12 38/18 45/23 69/16 70/15 86/13 88/13 88/13 127/3 127/8 127/10 127/15 127/17 127/17 143/23 160/8 160/10 160/13 160/16 160/23 161/16 162/18 settlement [138] 5/22 5/24 6/7 11/21 19/9 21/8 21/10 21/14 21/15 21/17 22/9 22/13 23/8 24/3 28/2 28/8 29/17 30/17 30/23 32/8 39/3 39/11 39/18 40/8 40/14 42/4 45/17 47/9 47/18 47/22 48/2 48/5 49/18 50/25 52/11 52/12 53/12 54/9 54/17 56/17 57/7 57/9 57/12 57/18 58/7 58/8 62/6 62/6 64/4 70/11 70/16 71/5 74/15 75/14 80/18 80/19 81/1 83/5 83/8 83/23 84/2 84/3 85/5 85/15 85/24 86/14 86/16 87/22 88/11 89/20 91/20 92/2 93/15 93/18 94/4 94/22 95/3 95/4 95/9 95/25 96/23 97/9 97/25 98/10 100/24 102/15 104/21 104/23 105/9 106/25 107/14 107/22 108/10 108/10 119/19 123/4 127/1 127/21 128/8 128/11 130/8 132/19 133/5 133/7 133/11 134/4 134/11 134/20 135/2 143/24 143/25 144/4 148/3 148/12 149/7 149/21 150/7 155/23 157/1 157/6 161/6 161/11 163/4 163/13 163/23 164/12 165/19 165/22 167/4 167/6 170/2 170/7 170/11 170/12 171/9 171/17 173/3 180/8 settlements [1] 132/16 settling [8] 20/22 98/25 113/16 128/12 128/17 144/1 144/3 170/3 seven [2] 140/9 162/14 Severe [1] 179/23 SEWARD [154] 1/16 2/8 2/13 2/16 2/18 2/20 3/4 3/6 3/9 4/20 8/9 9/19 10/22 13/20 14/7 15/15 16/6 18/3 19/3 19/5 23/1 23/12 23/15 24/13 24/24 26/21 27/4 27/10 31/12 35/12 36/9 36/17 37/10 37/20 37/24 38/5 38/24 39/6 40/1 40/4 40/12 41/13 41/24 42/25 44/4 44/23 45/18 48/16 49/10 51/20 56/14 60/9 60/18 61/17 67/20 68/15 72/11 72/22 73/3 78/7 78/11 78/16 78/22 81/17 81/20 85/13 86/24 87/2 87/10 87/14 87/20 89/10 89/23 90/15 91/2 92/18 92/23 93/3 93/6 109/18 110/3 111/21 112/2 112/5 112/18 113/4 115/5 115/17 118/18 118/21 119/3 119/8 119/12 119/16 120/3 120/7 120/9 120/14 121/23 123/18 124/7 124/14 125/11 125/15 125/17 126/19 127/3 128/2 128/10 128/15 128/20 128/24 129/11 129/17 130/15 137/14 140/23 143/22 145/14 145/25 147/9 147/21 149/17 149/19 153/2 153/16 155/11 156/5 156/14 157/11 157/22 158/12 158/19 159/11 160/22 161/15 162/4 163/12 165/14 165/22 166/4 167/10 167/22 168/15 168/19 169/20 170/24 171/15 171/25 172/20 176/7 176/17 176/18 176/24 Seward's [5] 90/12 137/21 140/9 158/5 162/21 shaking [1] 166/8 shall [2] 137/23 143/3 share [1] 107/24 she [13] 14/15 14/16 15/6 15/10 15/22 15/24 17/7 61/24 79/8 100/9 108/13 122/1 122/3 she's [2] 122/2 145/11 shift [1] 114/18 Shortly [2] 100/9 100/17 should [6] 19/11 24/14 57/8 79/25 90/9 148/23 show [24] 10/19 15/4 15/12 27/5 29/3 30/4 34/17 54/20 56/23 72/23 86/9 120/13 122/6 125/25 126/1 126/6 126/12 126/15 149/4 153/16 163/2 172/3 174/18 175/6 showed [1] 130/15 shown [2] 177/15 178/6 side [5] 32/4 66/18 71/3 99/23 100/19 sign [9] 20/21 28/18 59/8 73/14 73/14 91/9 109/5 128/6 144/22 signature [1] 109/19 signatures [2] 58/5 145/1 signed [36] 21/1 21/3 21/24 22/22 27/13 27/17 36/22 37/1 47/6 47/11 47/25 51/8 74/21 76/14 83/17 83/21 84/5 85/1 86/4 86/16 88/19 88/25 102/17 105/6 109/25 111/4 112/9 130/16 130/20 144/7 144/18 144/21 145/5 150/3 157/19 159/19 significant [1] 41/5 signing [3] 54/10 86/21 92/1 silence [7] 15/8 15/12 99/14 123/12 123/15 123/23 124/3 Similar [1] 69/18 simply [3] 42/5 42/17 53/13 since [7] 51/11 65/11 67/1 83/3 93/10 127/13 145/16 sir [46] 5/3 5/4 30/18 30/18 30/24 32/1 35/25 36/10 39/7 40/2 76/11 76/15 81/13 81/18 83/18 85/8 86/25 90/18 110/20 111/6 111/8 111/9 112/4 112/7 115/19 117/7 120/17 121/10 121/14 122/12 122/18 123/13 126/3 127/11 141/18 157/24 158/2 158/6 159/10 160/10 161/16 169/2 169/3 175/11 175/19 176/1 sit [3] 7/19 40/22 92/22 S sitting [2] 78/19 85/22 situation [1] 31/25 six [13] 29/17 42/8 54/17 70/16 85/14 85/24 107/15 120/7 143/6 155/6 161/10 163/4 180/8 six-figure [7] 29/17 54/17 70/16 85/14 85/24 161/10 180/8 Sixty [1] 138/21 smiles [1] 116/25 smirk [4] 113/11 113/21 113/21 114/19 smirks [1] 116/25 so [130] 5/10 5/23 7/7 7/9 7/13 8/12 8/20 8/24 10/10 13/10 13/17 14/14 15/14 15/21 17/21 18/17 18/22 19/4 19/16 23/17 24/11 25/18 26/4 26/6 28/22 32/8 32/23 33/20 36/24 37/4 37/10 37/15 38/23 40/2 40/11 44/8 44/24 46/24 50/15 51/9 52/2 52/5 52/18 52/23 52/25 53/16 53/17 54/20 54/23 54/24 55/2 55/25 56/2 59/2 59/23 60/3 61/3 61/20 61/23 63/25 63/25 65/21 66/5 66/10 66/19 66/24 67/3 67/5 72/4 74/12 76/22 77/1 77/3 80/21 83/13 84/1 84/9 85/22 87/18 88/23 89/6 89/21 90/10 93/9 93/22 93/25 95/25 99/2 99/20 100/11 101/23 106/22 110/14 111/1 111/9 120/15 123/14 127/14 128/2 130/19 131/11 134/9 134/23 137/3 137/22 141/6 141/10 141/23 142/7 143/3 144/13 147/19 148/25 149/9 151/20 151/21 152/10 153/9 154/16 155/6 156/3 158/4 158/4 165/23 168/11 169/8 172/15 175/6 177/8 178/18 solicited [1] 161/1 some [48] 20/13 31/17 33/8 33/13 33/19 34/10 34/24 37/8 39/1 61/24 62/20 63/5 63/18 66/13 68/24 69/2 71/1 71/7 74/1 74/1 79/10 83/24 95/10 96/7 96/13 96/19 96/22 97/1 97/10 99/6 99/19 100/23 109/5 112/24 112/25 113/23 117/23 123/14 133/7 133/18 136/7 136/17 155/22 159/21 167/14 169/16 177/15 179/15 somebody [2] 69/9 101/22 somehow [3] 99/12 118/15 118/22 someone [7] 70/15 81/9 82/7 97/13 104/14 104/16 169/10 something [21] 21/4 38/10 42/3 50/23 51/18 52/5 79/15 80/14 80/18 84/18 109/2 112/25 113/8 113/11 113/14 113/15 117/19 125/25 141/8 159/4 172/6 sometime [5] 29/3 33/18 67/7 68/21 93/14 Sometimes [1] 81/15 soon [2] 137/8 150/14 sorry [27] 25/19 31/10 34/24 43/16 44/22 47/10 77/16 78/18 86/6 90/24 98/6 105/1 111/15 122/17 126/8 126/22 138/20 141/13 146/1 146/23 147/18 154/15 157/25 158/6 163/16 174/4 177/22 sort [3] 136/17 160/3 169/16 SOUTHERN [1] 1/2 speak [4] 30/22 106/24 119/12 119/12 speaking [10] 14/8 30/17 30/21 30/23 44/20 45/19 45/21 135/14 135/24 152/13 specific [18] 28/20 59/8 70/2 72/15 73/9 73/15 74/4 76/3 81/24 97/18 99/7 104/6 105/24 106/12 112/13 134/17 171/14 174/16 specifically [15] 22/10 23/25 38/13 55/13 73/9 74/5 76/4 81/6 147/11 151/13 169/19 178/3 178/9 178/24 178/25 speculation [1] 63/13 spoke [7] 15/16 23/20 31/24 34/21 45/16 56/16 56/19 spot [3] 158/23 158/24 159/2 staff [1] 104/15 stand [4] 7/19 68/2 113/24 156/10 standard [5] 71/11 82/3 88/12 101/18 101/20 standards [2] 176/2 178/19 standing [2] 45/9 45/10 stands [1] 76/1 Star [38] 5/23 6/2 9/14 21/13 29/13 34/11 34/22 37/5 38/22 46/8 46/10 47/21 48/17 54/25 56/19 57/23 106/17 107/18 138/13 139/5 139/21 140/7 141/1 141/13 141/22 141/24 142/17 146/8 154/24 155/3 155/19 155/23 168/24 173/13 173/23 174/7 174/11 178/11 start [3] 13/18 19/24 24/7 started [5] 52/5 66/6 94/19 98/17 113/6 starting [1] 77/8 state [5] 20/5 68/18 81/24 93/7 136/10 stated [1] 76/4 statement [18] 8/25 14/5 28/11 30/16 30/20 31/14 32/21 48/19 70/14 83/24 88/21 89/11 114/20 146/7 164/19 169/16 169/24 171/10 statements [11] 29/6 54/24 57/15 57/20 58/18 59/3 70/7 70/9 95/7 168/23 169/23 states [7] 1/1 1/10 4/5 4/7 14/6 138/3 138/14 status [2] 10/20 95/8 statute [1] 66/17 statutory [1] 75/21 stay [6] 5/6 5/10 8/24 26/10 67/24 90/25 step [2] 7/3 48/23 stepped [1] 44/18 steps [1] 162/19 sticker [2] 25/17 26/3 stickers [1] 7/18 still [5] 6/10 12/5 60/21 76/25 120/1 stop [2] 63/3 176/9 stress [2] 42/8 42/18 strike [9] 36/4 66/11 66/12 66/20 67/10 86/22 138/11 145/4 171/24 strongly [1] 114/9 studied [1] 76/9 stuff [2] 116/5 123/6 subject [4] 93/18 97/1 122/25 123/4 submit [5] 15/8 18/8 51/1 89/16 92/16 submitted [5] 49/19 51/11 51/15 53/9 89/21 submitting [1] 50/19 subpoena [13] 14/1 16/8 16/17 17/2 17/5 17/7 17/12 17/18 17/22 18/4 18/5 176/19 177/1 subpoenaed [1] 13/19 subsequent [24] 51/6 54/10 55/11 55/24 56/16 56/19 57/7 59/4 73/18 86/11 87/12 87/16 87/25 88/2 88/9 89/4 89/13 90/17 90/20 91/3 92/10 92/16 149/25 171/13 subsequently [1] 146/7 success [2] 133/7 134/18 such [3] 132/19 135/13 136/20 sued [1] 87/19 suggest [3] 99/3 141/7 169/12 suggesting [4] 50/6 50/15 115/25 159/4 suggestions [2] 104/19 105/7 suggestive [1] 142/11 suit [1] 127/18 sum [1] 137/1 Sunday [1] 94/13 support [1] 49/19 supported [2] 119/24 119/25 supposed [2] 25/5 96/4 sure [31] 9/21 13/5 18/15 19/19 24/23 27/9 33/8 33/15 33/17 59/17 59/18 77/1 78/3 91/15 95/15 96/7 96/19 98/22 101/4 104/8 104/9 108/21 109/15 135/4 135/18 137/9 143/13 144/13 175/3 175/6 175/7 surprise [1] 177/9 surprised [1] 95/18 suspect [1] 137/22 sustain [1] 115/1 swore [1] 106/21 sworn [7] 19/22 68/13 77/19 93/3 111/7 156/12 162/2 T t-h-e-y [1] 32/3 table [6] 2/1 7/11 24/15 25/5 72/20 113/5 take [21] 7/3 7/23 9/18 13/10 19/13 26/6 32/23 34/18 44/12 59/13 60/4 65/4 71/14 71/17 91/4 109/4 116/22 131/11 137/8 137/9 142/18 taken [6] 55/15 80/12 87/14 104/14 109/2 178/7 takes [1] 127/23 taking [1] 117/5 talk [12] 15/12 22/10 36/24 37/22 53/14 55/13 70/10 100/8 133/25 150/17 157/12 176/8 talked [10] 14/7 14/16 28/6 38/25 50/24 94/13 122/19 147/14 150/12 175/24 talking [17] 32/8 37/9 38/15 42/3 42/5 48/7 81/5 98/17 99/23 100/5 100/20 101/12 102/13 117/1 117/2 126/20 158/6 talks [4] 35/17 54/7 54/8 164/8 tangent [1] 40/23 telephone [3] 169/1 169/9 169/10 tell [20] 15/21 15/23 28/6 29/15 29/23 39/14 43/17 43/21 73/4 85/14 99/16 107/7 107/13 109/6 119/16 119/21 120/14 128/20 169/9 175/7 telling [11] 51/21 63/2 63/9 68/16 78/23 78/24 134/9 134/23 141/24 156/15 162/5 tells [4] 29/25 30/13 32/12 32/25 ten [1] 45/7 term [13] 13/12 15/13 75/18 76/12 84/4 87/3 107/20 113/18 120/4 130/2 130/6 138/10 151/13 terms [79] 15/5 20/24 22/16 22/22 23/2 28/1 28/15 28/20 41/4 43/6 43/8 43/13 43/18 45/17 48/9 50/10 50/13 50/19 52/12 52/14 52/16 53/1 54/1 54/5 55/5 55/13 57/1 57/6 58/1 58/7 58/7 59/9 60/21 65/1 71/15 72/15 73/9 73/15 73/22 74/4 74/15 82/14 82/19 83/11 83/20 83/22 83/23 85/2 85/3 85/4 85/6 86/11 86/14 88/10 88/18 91/24 97/18 101/5 102/20 106/8 108/5 120/6 130/6 132/18 133/4 149/25 161/6 164/2 164/5 164/25 165/15 165/18 170/11 170/25 171/2 171/14 172/4 172/9 178/18 testified [10] 31/16 49/25 100/15 111/14 114/17 130/23 145/16 149/1 149/3 154/23 testify [10] 14/6 15/6 15/11 61/24 63/14 65/10 66/5 67/17 163/5 172/7 T testifying [4] 63/9 172/9 172/16 172/17 testimony [54] 13/18 13/20 14/14 14/15 16/2 16/3 50/2 54/19 54/19 55/21 56/18 57/4 58/10 58/20 59/24 62/7 64/1 64/2 65/15 77/22 81/9 84/14 111/7 115/6 115/24 115/25 116/4 116/10 116/17 117/13 118/2 118/4 118/23 137/19 137/22 145/12 147/11 147/15 148/8 148/11 154/9 161/1 161/1 161/4 162/22 163/3 163/22 164/25 166/21 167/2 170/22 171/24 172/7 180/5 text [1] 176/18 than [16] 30/15 52/24 54/11 56/12 88/6 107/10 117/18 119/3 119/5 127/3 141/8 142/10 152/3 155/13 167/19 179/8 thank [75] 5/12 11/13 11/16 13/16 18/11 18/16 20/2 23/13 24/23 30/6 44/1 45/25 47/1 48/12 48/14 48/21 48/22 48/24 57/25 59/12 63/17 68/1 71/21 72/21 73/2 75/1 76/16 76/17 76/18 78/5 79/24 82/21 82/24 84/6 84/23 85/8 85/11 87/23 91/11 91/16 92/19 92/21 98/15 103/23 104/5 105/13 108/17 109/11 109/13 114/13 117/10 119/4 122/7 130/12 131/7 132/8 132/25 140/12 140/22 143/16 143/19 144/25 145/23 148/20 151/22 153/14 153/17 156/5 156/7 161/20 161/24 167/21 168/21 173/6 180/13 that [1034] that's [124] 8/24 10/9 15/8 15/24 16/4 17/2 17/7 18/5 24/9 25/18 25/19 26/22 27/16 27/20 27/23 28/4 28/9 29/2 30/3 30/4 32/6 32/10 32/15 33/3 36/20 36/23 36/24 38/14 40/17 41/9 41/11 42/22 43/25 44/2 46/9 46/20 46/21 47/16 47/23 48/3 48/20 50/1 53/21 56/3 58/9 58/10 60/8 62/15 70/6 73/12 73/16 74/3 74/20 75/14 77/10 78/15 79/18 86/17 88/1 89/8 93/23 94/3 94/19 97/6 98/3 99/10 111/13 112/21 117/7 117/16 118/25 119/20 120/6 120/17 123/5 123/10 125/7 125/18 128/23 130/18 131/4 132/4 133/17 133/20 134/6 136/13 137/12 139/17 139/22 142/2 142/6 143/5 145/6 146/16 146/21 148/18 149/9 153/24 155/5 155/24 155/25 159/12 159/22 160/1 160/2 160/18 161/7 161/7 161/12 161/20 163/7 163/15 164/9 164/9 164/19 166/24 167/1 168/3 168/7 173/2 174/15 176/11 178/11 180/9 their [29] 15/8 15/12 18/25 19/10 20/15 22/8 34/13 51/13 53/9 53/11 53/13 59/4 60/19 71/3 71/4 72/14 74/9 79/11 80/5 85/20 96/17 99/14 99/24 99/25 115/7 120/11 129/7 137/19 137/22 theirs [1] 5/19 them [19] 7/11 7/22 10/9 26/20 45/9 48/1 48/4 49/1 70/10 72/19 72/19 113/19 121/9 127/6 127/17 127/17 139/10 150/16 165/8 themselves [1] 137/2 then [67] 7/14 8/8 9/13 15/1 24/20 25/20 28/10 32/7 32/11 33/12 40/18 40/18 41/9 43/14 60/13 63/3 63/10 63/24 64/14 67/17 76/23 78/8 79/16 81/23 81/25 94/3 94/17 94/24 95/1 95/5 95/25 96/13 96/22 97/10 100/3 100/16 100/22 100/25 101/1 101/10 101/14 101/16 101/21 101/23 104/12 104/16 116/15 128/6 130/25 137/10 144/6 146/7 150/4 150/22 150/23 152/9 152/19 155/15 155/22 160/4 162/14 163/10 164/7 171/12 175/7 178/20 179/22 there [160] 6/14 6/18 9/15 11/2 15/4 15/20 17/21 17/25 17/25 18/7 21/4 21/6 27/21 28/11 29/5 33/8 33/19 33/24 35/19 37/22 40/25 41/4 41/5 43/15 48/25 49/1 49/15 50/2 51/6 51/10 51/10 51/14 54/2 54/3 54/6 55/3 55/8 55/11 55/17 57/1 57/3 57/13 57/17 58/17 58/19 58/23 67/24 70/14 71/1 71/7 72/1 72/3 72/5 73/21 73/25 74/8 74/11 74/12 74/12 74/13 75/20 76/1 77/1 77/9 78/19 81/23 82/1 82/8 82/11 83/24 85/18 86/2 86/10 86/15 87/12 87/15 87/25 88/2 88/24 89/3 89/12 89/12 91/7 92/6 92/7 93/23 94/7 94/21 94/23 95/2 95/10 95/12 95/16 96/7 96/16 97/10 97/12 97/13 99/1 99/11 99/19 100/2 100/9 100/23 101/3 101/11 101/12 102/12 102/23 105/16 106/9 107/22 107/22 108/8 108/12 108/15 112/25 113/7 120/15 120/16 123/7 123/11 124/18 125/4 125/19 126/7 126/12 126/16 128/6 128/8 133/18 133/22 133/23 142/20 143/4 143/12 148/22 149/23 149/24 150/10 150/13 150/23 152/2 152/5 152/10 154/18 155/12 157/3 157/3 160/14 163/17 163/23 164/2 164/3 168/14 168/16 172/21 173/25 174/14 176/25 there's [31] 6/12 7/6 23/18 24/19 28/11 45/15 49/6 54/15 55/18 55/21 55/25 59/5 59/21 66/5 99/9 123/3 123/8 124/10 124/12 126/6 126/11 133/6 133/7 134/20 146/11 146/15 150/15 159/5 159/7 159/21 163/22 thereafter [1] 100/17 therefore [4] 19/11 51/9 55/2 67/10 thereof [1] 172/10 these [13] 7/13 9/23 10/16 38/6 38/16 39/23 48/24 63/20 69/3 111/3 138/16 167/5 172/15 they [72] 7/25 9/23 10/9 10/23 18/22 19/8 19/11 24/14 29/10 29/25 30/1 30/1 30/13 30/14 30/14 31/19 31/22 32/13 32/13 32/16 32/16 32/17 34/15 34/16 34/18 35/4 35/13 35/16 38/7 45/9 45/10 45/15 51/2 51/9 51/15 52/16 53/11 53/25 54/1 54/18 54/21 54/21 54/23 59/4 73/13 80/16 83/16 83/19 87/18 99/13 101/4 108/3 109/5 114/9 121/17 124/23 125/7 125/12 129/11 134/1 135/21 138/22 138/24 138/25 139/2 150/3 152/6 172/16 172/16 175/17 179/20 180/7 they're [9] 19/7 19/10 25/5 26/4 26/5 32/3 66/9 66/15 121/16 they've [2] 41/6 150/21 thing [11] 17/16 42/4 58/6 79/18 79/22 82/11 115/24 119/21 123/14 134/2 177/10 things [5] 33/8 50/16 76/2 127/24 160/15 think [61] 11/12 12/10 14/18 15/3 16/1 35/5 36/1 41/22 46/19 47/7 50/1 52/23 58/17 62/20 62/22 62/25 65/12 65/13 65/21 72/17 80/14 80/15 81/16 94/3 94/11 94/13 96/16 100/11 102/14 103/10 103/11 112/12 115/9 118/17 119/2 119/11 129/20 130/6 130/6 131/12 133/18 135/9 136/6 136/8 139/18 140/11 145/17 145/18 146/16 147/17 148/17 150/15 151/11 155/6 155/7 156/3 158/14 167/2 168/16 169/23 171/8 thinking [1] 150/20 thinks [1] 169/12 thirty [1] 77/7 this [187] THOMAS [1] 93/3 those [26] 5/19 6/5 23/2 31/19 31/21 41/6 50/25 51/7 63/22 65/1 69/18 82/14 85/6 88/9 106/20 107/18 113/20 114/10 119/8 138/14 138/15 148/25 152/9 164/15 171/16 172/12 though [8] 6/8 34/21 43/1 88/14 113/14 113/23 134/22 150/4 thought [22] 11/3 12/17 26/13 51/17 61/7 87/24 107/25 113/17 134/20 135/6 138/24 140/16 142/14 142/16 142/17 153/5 161/4 168/12 168/13 179/11 179/13 180/10 thoughts [2] 148/22 148/25 three [20] 6/1 7/10 7/14 24/17 24/19 25/7 25/20 26/11 34/17 138/12 139/15 140/18 141/8 141/12 141/14 143/4 162/10 169/6 171/8 171/12 Threlfall [1] 33/9 through [13] 20/15 34/24 60/19 93/15 99/21 100/24 144/25 162/19 164/22 166/21 167/5 170/16 171/19 throughout [2] 83/4 84/6 Thursday [9] 1/12 2/3 4/2 9/12 93/21 93/23 93/25 94/5 94/8 Tigers [1] 125/12 time [39] 7/4 13/9 13/9 20/13 21/9 45/22 45/23 49/12 65/20 66/4 71/14 73/11 74/5 77/4 80/7 84/6 93/20 94/4 94/21 95/6 96/16 101/13 102/13 111/25 113/24 116/22 117/12 117/13 117/16 118/4 118/13 127/14 128/3 128/4 131/14 138/8 149/17 156/9 178/21 timeline [1] 116/19 timing [5] 148/3 153/12 154/12 154/13 155/7 TIMOTHY [2] 1/3 177/6 titled [1] 9/10 today [19] 13/1 13/7 13/20 18/19 57/5 77/8 85/22 111/14 111/16 112/8 120/15 130/23 131/13 132/11 142/1 163/22 167/24 179/1 179/14 today's [1] 10/13 together [4] 118/19 118/24 119/6 137/10 told [15] 17/14 29/21 36/14 38/20 41/20 45/13 45/14 54/11 100/15 101/20 107/8 119/22 120/1 120/7 150/16 tomorrow [8] 76/25 77/8 77/11 176/10 179/8 179/8 179/14 179/24 took [12] 48/17 69/3 72/19 81/8 96/10 103/25 116/1 129/3 129/24 131/1 148/4 177/16 top [1] 6/24 topics [2] 34/21 35/15 total [3] 103/12 144/3 171/9 touched [2] 147/6 151/17 towards [3] 45/6 45/9 113/16 transcript [17] 11/19 11/20 12/10 12/21 25/9 25/13 26/11 26/17 26/20 26/23 34/5 34/7 59/24 60/2 63/22 64/9 97/7 trial [22] 20/8 33/17 36/18 36/25 38/1 63/18 64/3 65/2 65/9 79/25 93/12 93/14 93/19 94/15 94/18 94/25 101/15 113/4 117/19 117/21 118/3 149/22 trials [1] 52/24 tried [2] 100/11 134/16 trier [1] 146/16 tries [1] 122/13 true [19] 8/24 30/16 30/18 30/20 31/14 32/5 32/21 39/3 48/19 69/2 74/6 97/2 upon [33] 5/16 8/20 9/16 11/8 11/11 17/12 50/14 51/3 52/2 52/8 52/9 54/13 true... [7] 111/13 118/7 120/12 125/1 60/5 60/7 60/10 61/11 63/4 74/9 87/22 130/20 161/7 167/1 91/25 114/3 122/20 126/24 138/15 truth [2] 40/12 169/13 147/6 151/17 157/6 158/15 167/3 177/5 try [6] 56/12 67/20 80/10 134/22 136/6 177/11 177/16 178/7 upset [11] 14/18 15/16 15/20 15/22 136/7 trying [17] 33/13 38/4 38/15 41/11 43/17 15/23 61/25 62/2 100/5 100/5 100/19 43/21 51/20 53/6 63/7 114/16 116/18 150/15 upsetedness [1] 62/1 120/17 122/25 124/20 132/10 166/22 upsettedness [1] 14/19 174/4 Tuesday [9] 33/5 62/19 62/20 64/3 urged [1] 65/2 urging [3] 71/10 101/17 102/17 94/17 94/20 94/24 97/7 98/18 turned [1] 45/6 us [25] 7/11 15/21 30/1 30/14 32/20 Twenty [1] 169/6 32/20 38/3 68/3 68/16 77/17 78/24 95/3 Twenty-three [1] 169/6 103/13 105/3 107/20 116/1 136/7 144/5 two [45] 5/25 7/13 9/11 19/1 24/17 146/11 149/6 156/15 162/5 164/10 24/19 25/7 25/20 26/10 29/4 30/5 35/17 166/21 179/17 41/19 51/5 51/5 53/2 53/24 53/25 54/6 used [5] 14/19 32/7 75/20 79/13 102/15 using [3] 78/3 78/6 113/18 57/22 67/10 67/16 73/5 77/7 109/18 usually [1] 113/20 118/20 118/24 119/5 119/8 119/24 119/25 123/19 138/18 139/13 139/14 V 139/15 141/11 143/4 153/16 160/14 vague [1] 83/24 160/15 171/9 171/16 174/22 178/18 two-fold [2] 53/24 53/25 vaguely [3] 33/7 34/2 71/9 Two-thirty [1] 77/7 value [2] 170/5 170/6 tying [1] 166/22 vehemently [1] 118/12 type [3] 99/12 110/24 111/1 vehicle [1] 84/16 typed [1] 104/16 verbatim [5] 34/20 35/14 38/16 113/10 types [1] 99/11 113/10 typically [1] 75/20 verdict [2] 136/3 170/8 version [4] 152/17 152/18 153/25 154/4 typing [1] 102/21 versus [1] 4/10 U very [20] 24/1 34/2 39/22 47/1 48/23 U.S [2] 1/10 1/19 61/16 80/11 92/21 94/23 98/4 100/5 U.S.C [2] 177/20 177/22 100/18 120/12 123/3 123/8 133/19 ultimately [3] 37/23 134/22 146/16 134/20 137/20 156/6 166/3 view [1] 119/23 unacceptable [1] 100/21 violated [1] 108/5 unaware [1] 81/4 violating [1] 48/9 undecided [1] 119/25 violation [1] 21/23 under [23] 6/8 6/25 7/6 7/24 8/19 19/2 virtually [1] 176/22 40/19 47/25 49/17 52/20 53/11 60/4 visibly [1] 61/25 64/9 110/14 122/24 123/1 132/20 voice [1] 94/12 138/12 140/5 140/18 163/20 170/10 volunteering [1] 92/15 172/23 underlying [1] 68/25 understand [42] 21/4 26/12 37/11 39/4 W wait [5] 38/19 95/1 103/18 111/24 39/7 40/25 43/20 43/24 46/22 47/24 111/24 49/6 50/9 51/21 53/7 56/25 67/4 73/17 75/7 76/22 80/9 84/3 86/13 88/23 92/11 waiting [1] 7/1 waive [1] 84/7 124/10 124/11 124/12 124/13 124/15 124/20 125/17 126/5 130/1 130/2 130/4 waived [1] 84/20 walked [2] 99/20 150/14 130/5 135/16 143/13 147/19 149/11 walking [1] 45/10 166/15 175/24 understanding [25] 20/24 21/2 50/9 want [48] 5/16 7/25 8/5 13/18 18/12 57/16 58/4 59/19 60/13 61/15 73/24 19/5 33/4 38/10 40/3 41/3 50/8 51/21 75/19 82/10 86/17 91/23 97/23 98/9 59/13 59/25 61/21 62/3 62/5 66/22 67/3 107/23 115/2 133/3 136/16 141/12 71/13 74/23 77/24 89/11 90/10 94/25 95/1 96/5 96/6 96/13 97/8 99/1 100/24 141/15 142/3 142/18 170/1 180/1 understood [4] 27/19 74/21 74/23 75/14 101/14 111/15 114/22 114/25 123/22 UNITED [5] 1/1 1/10 4/5 4/7 138/3 127/5 128/3 134/14 141/7 141/23 143/6 unknown [1] 170/7 153/9 153/11 161/13 176/12 177/2 unless [9] 35/1 66/13 69/16 77/25 101/9 wanted [14] 14/20 15/11 65/2 82/3 82/16 100/8 101/23 107/3 117/24 124/2 128/21 129/1 166/21 176/23 unquote [1] 114/8 139/23 141/21 141/24 150/17 wanting [1] 36/10 unredacted [1] 8/13 wants [1] 176/24 unresponsive [3] 36/5 36/7 86/23 Wardle [1] 162/12 until [6] 65/18 66/6 76/24 77/10 80/23 WARNER [14] 1/7 4/10 20/9 20/11 20/15 117/25 untrue [1] 74/7 23/1 23/7 31/23 84/15 121/4 145/1 up [29] 7/10 7/11 19/1 25/14 29/14 179/7 180/1 180/6 35/21 39/10 60/5 60/8 60/11 61/13 62/4 warning [1] 41/14 was [393] 65/20 71/14 76/4 76/25 80/12 80/23 94/19 100/3 102/15 103/2 104/16 114/4 wasn't [9] 17/17 17/17 38/15 45/8 101/1 121/9 139/24 142/20 148/21 114/11 146/16 147/4 176/10 179/23 T way [6] 38/11 45/5 89/19 119/23 120/1 177/1 ways [2] 136/7 178/23 we [206] we'll [8] 11/14 29/13 72/14 77/6 137/10 143/6 176/9 180/4 we're [18] 24/9 40/22 41/14 41/18 52/21 76/22 76/24 76/25 77/8 82/8 102/14 120/17 125/18 128/17 149/9 162/24 163/8 173/1 we've [5] 23/21 61/22 93/16 119/5 167/19 Weaver [1] 18/2 Wednesday [6] 63/24 64/8 68/21 94/1 95/5 156/25 well [90] 5/9 12/5 13/14 13/22 13/24 17/20 17/23 19/7 29/3 30/4 30/24 35/13 38/14 39/24 40/25 42/16 49/11 57/11 57/15 59/20 59/21 60/2 63/2 63/12 64/21 65/15 66/19 67/15 67/23 69/15 74/17 78/15 82/2 88/21 90/1 93/20 95/10 96/11 97/2 97/5 97/15 98/1 101/8 101/22 102/11 111/22 113/6 119/2 120/6 120/12 123/8 133/9 134/12 140/11 141/5 141/15 142/18 144/23 144/25 145/9 146/6 146/11 148/22 149/6 149/17 150/11 150/19 151/2 152/7 152/20 153/4 153/11 154/2 154/9 154/13 154/20 159/5 160/14 162/24 163/1 163/10 163/22 165/13 166/18 167/11 167/18 170/6 171/8 179/20 180/11 went [8] 32/11 57/15 58/3 100/3 146/19 147/10 151/6 152/3 were [118] 7/1 8/17 15/22 15/23 17/25 18/1 20/7 20/25 23/2 24/5 29/25 30/13 30/18 30/25 31/13 31/19 32/24 33/24 33/25 38/11 42/5 42/10 44/9 44/17 45/9 45/15 47/7 47/17 55/12 56/20 57/13 58/1 58/2 58/6 58/8 68/20 68/24 69/1 73/10 81/4 81/5 81/9 83/14 83/15 83/20 84/9 88/18 93/11 93/23 94/3 94/7 94/21 95/2 95/14 95/15 95/16 96/4 96/9 96/16 96/17 96/18 96/20 96/21 97/10 99/3 99/4 99/13 99/13 99/14 99/24 99/25 100/2 100/5 101/3 104/18 106/11 106/18 107/23 113/5 113/15 114/10 117/23 118/17 118/22 119/14 119/25 122/18 122/21 133/23 134/25 136/25 137/1 138/16 138/16 138/24 139/1 140/4 144/1 144/2 147/17 152/2 152/5 152/6 154/8 156/25 157/1 158/18 158/21 161/3 161/16 162/13 164/2 164/4 164/15 169/9 173/25 176/25 177/4 weren't [5] 40/10 83/19 114/20 140/4 158/19 West [1] 1/11 what [238] what's [20] 8/15 27/5 38/23 46/24 72/23 104/16 116/12 124/16 132/23 148/16 149/12 162/23 166/10 170/4 170/17 172/1 172/3 176/6 180/9 180/11 whatever [4] 42/10 87/11 135/1 154/4 whatsoever [1] 128/10 when [75] 8/17 8/18 15/9 15/9 15/16 30/18 33/16 34/3 36/24 37/22 38/16 39/10 40/7 41/25 41/25 43/1 43/17 44/6 44/9 44/14 50/24 57/14 63/20 64/10 64/17 69/25 73/4 74/21 79/16 86/19 90/21 93/18 93/23 94/9 94/10 94/17 95/22 96/9 96/17 97/10 98/17 103/2 104/18 106/20 107/17 108/12 108/13 110/14 111/16 113/24 117/19 127/17 129/3 130/19 133/10 140/17 140/17 W when... [18] 141/11 142/1 143/22 148/3 150/17 150/22 152/7 152/14 153/1 153/2 153/25 155/13 159/2 160/23 161/16 162/12 169/12 178/12 whenever [1] 129/7 where [26] 7/11 16/3 17/24 40/5 44/14 45/9 50/20 62/20 76/1 76/3 85/23 96/9 98/25 111/16 123/25 124/20 125/2 125/4 128/5 128/24 129/2 152/15 157/1 163/7 164/24 178/19 whether [19] 14/12 17/12 40/13 41/6 43/14 52/16 60/20 67/6 80/14 82/7 94/15 104/8 104/15 112/13 131/13 134/18 148/7 148/23 166/12 which [47] 5/22 9/4 10/24 13/13 14/4 15/11 25/8 25/21 25/22 28/19 38/25 41/22 53/13 55/13 56/2 58/12 58/24 59/6 59/8 64/8 69/3 72/14 73/14 76/7 86/8 88/11 91/8 92/1 92/8 94/1 95/13 106/17 111/15 112/10 114/19 127/5 127/23 138/17 139/10 140/4 141/2 141/13 141/21 145/17 171/13 172/24 179/21 whichever [1] 47/14 while [2] 82/8 150/16 who [33] 14/9 16/23 19/8 29/19 29/21 33/9 54/16 57/4 70/18 85/17 95/19 102/20 103/25 104/3 104/7 104/16 117/1 120/7 120/15 120/16 120/16 120/22 120/23 121/2 121/3 122/1 133/24 135/13 137/1 137/17 145/5 154/3 172/15 whole [7] 31/24 60/20 110/12 114/19 133/17 136/24 143/23 whom [4] 101/4 128/6 136/15 156/17 whose [6] 55/18 92/14 92/15 103/17 113/2 172/1 why [32] 15/1 15/22 15/23 15/24 16/19 24/9 26/4 30/4 38/14 43/13 71/19 77/23 90/7 97/6 99/10 120/17 123/5 123/10 125/18 133/20 147/23 149/9 150/7 150/9 151/3 168/6 169/12 169/21 170/13 171/16 172/14 172/21 wide [1] 178/20 widely [1] 155/18 will [40] 7/13 10/17 12/25 13/6 13/13 28/1 28/16 28/18 28/19 34/17 56/12 59/8 59/8 60/4 60/7 60/10 61/11 61/12 63/3 63/10 67/2 72/12 73/8 73/13 73/13 73/14 76/2 76/24 77/9 87/9 123/7 123/10 133/19 143/12 163/4 167/14 168/9 172/7 172/15 178/22 willing [6] 29/25 30/13 31/19 32/7 32/25 113/16 Windsor [39] 5/23 6/2 9/14 21/13 29/13 34/10 34/22 37/5 38/21 46/7 46/10 47/20 48/17 54/25 56/19 57/23 106/17 107/18 138/13 139/5 139/21 140/6 141/1 141/13 141/22 141/24 142/17 146/8 154/24 155/3 155/19 155/23 168/24 173/13 173/23 174/7 174/11 174/22 178/11 wish [8] 18/22 19/16 20/15 60/9 90/4 90/9 90/9 131/10 wishes [2] 97/24 98/9 wishing [1] 37/8 withdraw [1] 46/25 within [3] 45/7 57/12 115/14 without [11] 7/1 17/20 30/2 31/3 34/7 35/14 53/9 72/16 135/23 140/1 161/17 witness [46] 2/5 2/10 14/4 15/25 16/10 16/21 17/18 19/22 36/3 40/24 41/9 41/17 43/5 49/2 61/21 62/17 65/11 65/22 65/23 65/25 66/2 67/14 67/25 68/13 76/19 77/19 92/23 93/3 109/14 113/24 114/19 141/15 156/8 156/12 160/25 161/2 161/8 161/25 162/2 162/21 162/22 176/8 176/11 177/5 177/7 180/12 witnesses [10] 33/25 49/4 51/22 60/19 60/22 61/18 65/14 95/16 137/13 137/16 woefully [1] 56/1 won [1] 119/11 won't [1] 179/20 word [6] 14/19 32/3 32/13 62/1 69/10 69/13 words [40] 6/9 29/15 29/23 30/7 30/12 30/12 30/19 31/17 31/18 31/19 31/21 31/22 32/7 38/16 40/6 41/25 50/25 54/11 54/17 54/17 69/3 69/6 69/14 69/18 69/19 70/2 79/5 79/8 79/10 91/5 101/7 101/14 102/15 111/3 113/20 117/21 123/24 123/25 124/1 174/16 work [2] 115/9 177/17 working [2] 138/8 142/15 worth [1] 61/8 would [137] 5/24 6/7 6/25 7/15 8/3 8/19 8/25 9/20 11/4 11/6 12/1 12/5 14/15 15/10 16/2 18/8 18/20 18/23 20/5 30/8 30/12 34/6 35/18 38/10 39/2 39/11 39/15 40/6 40/8 42/4 42/9 42/13 42/16 45/6 46/18 50/25 51/6 57/19 60/13 60/17 61/21 61/24 62/5 62/7 62/8 62/14 62/17 62/18 63/8 63/12 63/17 64/1 64/15 64/18 67/9 67/15 67/16 68/2 69/15 73/18 75/19 77/20 78/8 79/12 81/8 82/14 82/20 86/15 86/15 87/18 87/19 89/11 89/24 90/2 91/6 91/8 91/9 93/22 96/23 97/19 99/10 102/13 106/7 107/25 108/24 109/2 109/3 109/4 109/5 109/6 109/6 109/8 113/17 115/20 120/3 124/23 126/4 134/10 134/18 134/21 135/1 135/4 135/23 136/3 137/22 137/22 141/7 145/10 149/23 149/23 149/24 149/24 150/2 150/4 152/9 156/10 157/6 159/15 160/24 161/17 162/22 168/7 169/11 169/13 170/9 170/10 171/13 172/24 173/4 174/11 174/13 174/18 174/25 175/1 175/21 176/22 177/6 wouldn't [7] 46/14 113/12 113/19 125/23 125/24 135/4 150/1 writ [1] 67/19 writing [1] 83/20 written [3] 83/12 83/15 167/20 wrong [12] 18/10 18/21 23/20 29/24 99/4 99/4 99/13 99/13 99/14 107/24 128/14 148/16 wrongdoing [2] 74/9 99/2 wronged [4] 30/1 30/14 32/20 33/1 wrote [5] 112/21 122/3 122/16 122/19 132/17 Y yeah [10] 21/3 26/15 32/15 73/1 78/3 122/10 125/3 125/4 129/25 140/16 year [1] 162/11 years [7] 42/8 42/18 145/17 162/10 162/15 169/5 169/6 yellow [5] 103/15 104/1 104/12 112/24 131/10 Yep [2] 91/22 130/21 yes [147] 5/3 5/4 6/6 6/14 6/22 9/5 11/16 11/18 13/21 20/12 20/17 20/20 20/23 21/6 22/24 27/12 27/14 27/18 32/22 34/14 35/20 37/3 44/22 47/13 47/19 48/3 49/1 52/3 53/5 58/16 60/13 61/2 61/15 61/19 67/12 69/6 71/12 71/18 72/12 73/23 74/20 75/10 75/12 76/11 81/13 81/18 83/18 85/7 88/1 89/3 89/7 90/18 91/10 91/22 93/2 93/8 93/13 93/17 94/7 94/19 94/23 95/10 95/21 96/25 98/20 98/21 105/19 106/19 107/1 107/11 110/5 110/9 110/13 110/21 111/6 111/8 112/3 114/17 116/20 121/25 122/12 122/14 123/17 123/18 123/23 123/24 125/10 127/11 127/20 130/3 133/9 134/7 137/15 139/2 140/25 141/18 142/2 143/8 144/20 145/9 146/4 148/6 148/6 148/10 151/2 151/2 152/5 152/23 153/20 153/22 154/2 155/12 155/17 157/2 158/9 158/10 158/11 158/23 158/25 160/6 161/8 163/15 163/19 164/13 164/23 166/7 167/1 167/24 168/2 168/5 168/17 168/20 169/3 171/7 171/23 173/15 173/21 174/1 174/1 174/9 174/9 174/23 175/1 175/11 175/19 175/23 177/14 yet [2] 51/15 167/8 you [796] you'll [13] 73/21 86/1 86/7 86/18 86/25 87/3 87/11 87/15 88/3 88/8 90/16 90/19 91/3 you're [40] 18/10 25/24 32/8 32/24 33/15 39/16 40/15 42/24 43/9 51/23 52/18 75/16 79/1 112/22 115/25 116/2 119/2 120/19 121/12 121/14 122/24 124/21 126/20 126/22 128/6 128/14 129/1 134/9 136/11 141/24 149/12 151/18 156/17 157/25 159/25 163/1 169/2 173/22 174/6 179/22 you've [19] 27/11 31/16 46/7 65/11 66/3 66/25 73/4 83/4 83/8 91/19 118/21 127/3 127/8 127/10 127/12 132/16 167/8 167/16 169/4 your [340] yours [1] 84/8 yourself [9] 29/11 30/1 36/22 71/2 83/10 87/13 127/22 127/22 167/8 yourselves [1] 80/4

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