Court filing
Exhibit PX232 — In re Bank of America California Unemployment Benefits Litigation (Dkt. 634-233, S.D. Cal. No. 3:21-md-02992)
Filed January 9, 2026 in In re Bank of America California Unemployment Benefits Litigation; one of 1415 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of California |
|---|---|
| Filed | 2026-01-09 |
U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 634-233 · 2026-01-09 · Docket on CourtListener
Full text
PX 232
Case 3:21-md-02992-GPC-MSB Document 634-233 Filed 01/09/26 PageID.53983
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CONFIDENTIAL
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IN THE UNITED STATES DISTRICT COURT
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FOR THE SOUTHERN DISTRICT OF CALIFORNIA
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SAN DIEGO DIVISION
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IN RE: BANK OF AMERICA |
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CALIFORNIA UNEMPLOYMENT | Case Number:
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BENEFITS LITIGATION | 21-MD-02992-GPC-MSB
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This document relates |
to All Actions |
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CORRECTED TRANSCRIPT
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***CONFIDENTIAL***
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Video Deposition of
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J. DANIEL KREIS
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in Washington, D.C.
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Monday, May 5, 2025
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9:31 a.m.
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Veritext 7304174
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Reported by: Laurie Donovan, RPR, CRR, CLR
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CONFIDENTIAL
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May 5, 2025
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9:31 a.m.
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Confidential Video Deposition of J. DANIEL
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KREIS, held in person, with the witness and some
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parties participating in person, others participating
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via Zoom, pursuant to the Rules of the United States
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District Court for the Southern District of
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California, San Diego Division subject to such
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stipulations as may be recited herein or attached
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hereto, before Laurie Donovan, a Registered
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Professional Reporter and notary public of the
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District of Columbia, who officiated in administering
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the oath to the witness.
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CONFIDENTIAL
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A P P E A R A N C E S
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ON BEHALF OF THE PLAINTIFFS:
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Cotchett, Pitre & McCarthy LLP
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840 Malcolm Road
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Suite 200
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Burlingame, California 94010
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By: Brian Danitz, Esq.
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bdanitz@cpmlegal.com
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Caroline Yuen, Esq. (remote)
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cyuen@cmplegal.com
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Vasti Montiel, Esq. (remote)
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vmontiel@cpmlegal.com
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ON BEHALF OF THE DEFENDANT BANK OF AMERICA:
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Goodwin Procter LLP
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The New York Times Building
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620 Eighth Avenue
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New York, New York 10018
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(212)459-7255
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By: Valerie Haggans, Esq.
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vhaggans@goodwinlaw.com
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Anne Bayly Buck, Esq.
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abuck@goodwinlaw.com
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ALSO PRESENT:
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Orson Braithwaite, videographer
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-----------------------------------------------------
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P R O C E E D I N G S
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9:31 a.m.
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------------------------------------------------------
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THE VIDEOGRAPHER: Good morning. We are
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going on the record at 9:31 a.m. on May 5, 2025.
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Please note that the microphones are sensitive
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and may pick up whispering and private
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conversations. Please mute your phones at this
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time. Audio and video recording will continue to
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take place unless all parties agree to go off the
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record.
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This is media unit 1 of the video-recorded
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deposition of Mr. J. Daniel Kreis in the matter
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of In Re Bank of America California Unemployment
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Benefits Litigation filed in the United States
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District Court, Southern District of California,
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San Diego division, case number
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21-MD-02992-GPC-MSV. The location of this
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deposition is Goodwin Procter LLP, located in
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Washington, D.C.
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My name is Orson Braithwaite, representing
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Veritext Legal Solutions, and I'm the
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videographer. The court reporter is Laurie
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Donovan from the firm Veritext Legal Solutions.
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Counsel will now state their appearances and
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affiliations for the record, beginning with the
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noticing attorney.
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MS. HAGGANS: Good morning. Valerie Haggans
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with Goodwin Procter for Bank of America.
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MS. BUCK: I'm Bayly Buck, also with Bank of
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America.
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MR. DANITZ: Brian Danitz, Cotchett, Pitre &
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McCarthy, for the plaintiffs and the witness.
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MS. YUEN: Caroline Yuen, Cotchett, Pitre &
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McCarthy, for plaintiffs.
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MS. MONTIEL: Vasti Montiel with Cotchett,
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Pitre & McCarthy, for the class plaintiffs.
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(Discussion was held off the record.)
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MS. KOSSAR: Dylan Kossar.
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THE VIDEOGRAPHER: Thank you. Will the
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Court reporter please swear in the witness.
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* * * * *
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Whereupon,
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J. DANIEL KREIS,
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having been first duly sworn, testified
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upon his oath as follows:
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EXAMINATION BY COUNSEL FOR DEFENDANT BOA
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BY MS. HAGGANS:
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Q Good morning, Mr. Kreis.
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A Good morning.
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Q So we, we met before in the breakout room,
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but my name is Valerie Haggans, and I'm going to be
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taking your deposition today.
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We -- actually, before we get started, we
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will designate the transcript confidential,
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tentatively.
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All right. Mr. Kreis, have you ever been
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deposed before?
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A Yes.
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Q Okay. When was that?
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A I've been deposed several times. I think
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the most recent was on a case probably ten, 15 years
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ago. It was at the -- case at the -- before the High
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Court of London, and I believe I was deposed in that.
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I'm not 100 percent. I testified. I don't recall
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whether there was a formal deposition, but I testified
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before the court.
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Q Okay, and you said that you have sat for
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several depositions?
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A Yes.
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Q Approximately how many?
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A I can remember three.
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Q Okay, and was that deposition or trial
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testimony, if you know?
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A The, the one with the High Court of London
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was definitely trial. I don't recall exactly whether
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there was a deposition. It's, it's very different in
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London where, you know, I'm actually working for the
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court, so I don't, I don't know if I was deposed, but
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I was -- I testified on the stand.
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Q Okay, and then the other two cases; were
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those depositions or trial?
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A One of them had both, and one of them was
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just the deposition.
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Q Okay. Do you recall how long ago the
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depositions were?
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A Maybe 15, 20 years ago. I mean they have
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been a while.
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Q Okay. Did you testify as an expert witness
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in those cases?
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A In two of them I did. One of them I don't
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think -- I think I might have been a fact witness.
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I'm not real sure. I can explain the circumstances,
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but it's not clear to me why I was called in and
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nothing happened, so I don't know.
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Q Okay. Why don't you explain the
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circumstances.
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A Okay. So it was a case where a large
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organization had had some fraud issues, and I was
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called in at one point to help them deal with their
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fraud management issues, and then a couple months
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later, I was deposed. I don't believe I was an
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expert. I think I was a fact -- so saying you went in
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there, you saw stuff, what did you see, I wasn't
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acting as their expert, I don't believe.
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Q And that was the London case that we talked
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about?
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A No, no. That, that was a separate case in
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the U.S.
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Q Okay. What was the nature of the London
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case?
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A The London case was a case between Household
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Financial and British Gas where they were having a
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dispute over the ownership and what that meant to
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ownership in a transfer of, of accounts from one
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entity to another.
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Q Okay, and that was expert witness testimony?
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A Yes.
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Q Okay. Well, since it's been a few years, I
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think we'll just go over some ground rules for the
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deposition today.
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The most important one is that we try not to
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talk over each other, because Laurie will be trying to
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take everything down. I tend to speak quickly, so I'm
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going to try really hard to slow down, and I would
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just ask that you do the same.
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The second is that it's really important
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that you answer questions verbally, because it's hard
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for her to take down for the record a nod or, or a
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shake of the head.
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A Yes.
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Q And if, and if any of my questions are
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unclear, just let me know that you think that they're
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unclear, and I will try to do a better job at asking
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the question, because if you do answer one of my
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questions, I'm going to assume that you understood it.
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Is that fair?
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A Understood.
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Q Okay. We can take a break whenever you
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want. I like to take a break about every hour or so.
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The only thing I ask is that if there's a question
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pending, that you answer the question, and, and then
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we'll take a break.
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Is that fair?
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A That is fair.
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Q Okay. Your attorney may object at some
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point during the deposition, and that's another reason
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why it's important for us to not talk over each other,
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so that we can finish the question, leave a little
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space in case there's an objection; and unless he
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specifically instructs you not to answer, you do need
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to answer the question even if he raises an objection.
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Does that make sense?
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A Yes, it does.
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Q Okay. So, Mr. Kreis, you understand that
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you're testifying under oath today, correct?
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A Correct.
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Q Okay. Is there any reason that you cannot
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give truthful and accurate testimony today?
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A No.
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Q Okay. Have you taken any medication that
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might interfere with your ability to answer questions
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today?
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A No.
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Q Okay. Did you receive a deposition notice
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in connection with your appearance today?
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A I believe I received an email from the
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attorneys about being here. I don't --
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Q Okay.
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A I don't know if that was a formal court
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thing or from the attorneys.
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MS. HAGGANS: Okay. Bayly, can you look at
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the first tab.
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Can you mark this as Kreis Exhibit 1.
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