Exhibit 1: Deposition of Ava Bernard — In re January 2021 Short Squeeze Trading Litigation (Dkt. 567-1, S.D. Fla.)
Summary
Exhibit 1 (Document 567-1) in In re January 2021 Short Squeeze Trading Litigation, Case 1:21-md-02989-CMA, entered on the FLSD docket June 7, 2023: a 189-page transcript of the videotaped deposition of Ava Bernard, taken remotely by Zoom teleconference from Hollywood, FL on Wednesday, April 5, 2023, from 10:05 a.m. until 4:36 p.m., before Maria E. Fernandez, RPR, FPR-C and Notary Public for the State of Florida, and produced by Veritext Legal Solutions. Phillip Kim, Michael Cohen and Laurence M. Rosen of The Rosen Law Firm appear for the Plaintiffs, with Samuel A. Danon and Tom Schulte of Hunton Andrews Kurth and Charlotte Lepic of Cravath, Swaine & Moore, LLP for the Defendants; the direct examination is by Mr. Danon. The transcript closes with Veritext's errata instructions asking the witness to return the signed acknowledgment within 30 days.
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Cite this document
“Exhibit 1: Deposition of Ava Bernard (Dkt. 567-1).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-06-07-covid-era-misc-063d8c6e-1/
, SHA-256 063d8c6e45f015e9dbac75b366e9cfcb967c5332786c7722c25b9eb33b47ed35.Full text
Case 1:21-md-02989-CMA Document 567-1 Entered on FLSD Docket 06/07/2023 Page 1 of
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Exhibit 1
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Page 1
1 IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
2
3 CASE NO: 1:21-MD-2989-CMA
4
5
6 IN RE: JANUARY 2021 SHORT SQUEEZE
7 TRADING LITIGATION
8 _______________________________________________/
9
10
11 Zoom Teleconference
Hollywood, FL
12 Wednesday, April 5, 2023
10:05 a.m. - 4:36 p.m.
13
14
15
16 VIDEOTAPED DEPOSITION OF AVA BERNARD
17
18 Taken remotely before MARIA E. FERNANDEZ, RPR,
19 FPR-C and Notary Public for the State of
20 Florida at Large, pursuant to Notice of Taking
21 Deposition filed in the above cause.
22
23
24
25
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1 APPEARANCES:
2 On behalf of the Plaintiffs:
3 THE ROSEN LAW FIRM
275 Madison Avenue, 40th Floor
4 New York, NY 10016
BY: PHILLIP KIM, ESQ.
5 pkim@rosenlegal.com
BY: MICHAEL COHEN, ESQ.
6 mcohen@rosenlegal.com
BY: LAURENCE M. ROSEN, ESQ.
7 lrosen@rosenlegal.com
8
9
10 On behalf of the Defendants:
11 HUNTON ANDREWS KURTH
200 Park Avenue
12 New York, NY 10166
BY: SAMUEL A. DANON, ESQ.
13 sdanon@HuntonAK.com
BY: TOM SCHULTE, ESQ
14 tschulte@HuntonAK.com
15 AND
16 CRAVATH, SWAINE & MOORE, LLP
825 Eighth Avenue
17 New York, NY 10019
BY: CHARLOTTE LEPIC, ESQ.
18 clepic@cravath.com
19
20 ALSO PRESENT:
21 Danny Holguin, Videographer
Veritext Legal Solutions
22
23 REPORTED BY:
24 Maria Fernandez, RPR, FPR-C
Veritext Legal Solutions
25
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1 I N D E X
2
3 Ava Bernard Page
4 Direct By Mr. Danon 5
5
6 EXHIBITS MARKED FOR IDENTIFICATION
7
8 Exhibit 5 Amended Complaint 56
9 Exhibit 31 Request for 174
10 Production
11 Exhibit 99 P00001313 29
12 Exhibit 100 Bernard Certification 64
13 Exhibit 101 New Certification 88
14 Exhibit 102 New Assignment 93
15 Exhibit 103 1-26-21 Tweet 127
16 Exhibit 104 1-27-21 Tweet 134
17 Exhibit 105 RHMDL97429.001 141
18 Exhibit 106 rhmdl96959 141
19 Exhibit 107 1-28-21 Tweet 157
20 Exhibit 108 1-28-21 Tweet 160
21 Exhibit 109 1-28-21 Tweet 161
22 Exhibit 110 1-28-21 Tweet 163
23 Exhibit 111 2-1-21 Tweet 167
24 Exhibit 112 2-1-21 Tweet 170
25
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1 THE VIDEOGRAPHER: Good morning. We are now
2 on the record at 10:05 a.m. on April 5, 2023.
3 Please note that this deposition is being
4 conducted virtually.
5 Quality of recording depends on the quality
6 of camera and internet connection of
7 participants. What is seen from the witness and
8 heard on screen is what will be recorded. Audio
9 and video recording will continue to take place
10 unless all parties agree to go off the record.
11 This is media unit one of the video-recorded
12 deposition of Ava Bernard in the matter of In Re:
13 January 2021 Short Squeeze Trading Litigation.
14 My name is Danny Holguin representing
15 Veritext. I am the videographer. The court
16 reporter is Maria Fernandez Reeder from the firm,
17 Veritext.
18 Will the court reporter please swear in the
19 witness, and then counsel may proceed. Thank
20 you.
21 Thereupon:
22 AVA BERNARD,
23 A witness named in the notice heretofore filed,
24 being of lawful age and having been first duly
25 sworn, testified on her oath as follows:
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1 THE WITNESS: Yes. I do, the whole truth.
2 DIRECT EXAMINATION
3 BY MR. DANON:
4 Q Good morning, Ms. Bernard. And am I saying
5 that correctly, Bernard?
6 A Yes, that's correct.
7 Q My name is Sam Danon, and I'm with the law
8 firm of Hunton, Andrews, Kurth, and I'm actually also
9 sitting here in Miami, downtown Miami, so nearby.
10 We are one of the firms representing
11 Robinhood in this matter. Just to start off on the
12 record, could you please state your full name and
13 spell it for the court reporter?
14 A Yes. Full name is -- do you want my middle
15 name, too?
16 Q Yes.
17 A Okay. It is Ava, A-V-A, Amanda middle name,
18 A-M-A-N-D-A, and my last name is Bernard,
19 B-E-R-N-A-R-D.
20 Q Thank you.
21 A You're welcome.
22 Q I noticed you are sitting in .
23 Could you just tell us for the record your address,
24 your residence address?
25 A Yes. So it's
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1
2 Q Thank you.
3 I just wanted to start off with some basics
4 of what a deposition is. I will ask you: Have you
5 ever sat through a deposition before?
6 A No.
7 Q Okay. This is your first time?
8 A That's correct.
9 Q Have you ever provided any testimony in
10 court or in any other proceeding?
11 A No.
12 Q Okay. So today I'll be asking you a series
13 of questions about the lawsuit, and I'll ask you if
14 you don't at any time understand my questions, or you
15 need me to repeat them, or I need to say something
16 clearer, particularly with the video aspect of here,
17 if you can't listen clearly, whatever, just speak up,
18 let us know, then I'll repeat the question and get
19 back to you. I want to make sure you understand the
20 questions as clear as possible.
21 If there's any technical issue with sound or
22 video, or anyone is frozen, please also speak up. As
23 you saw during this, this is being recorded and will
24 be used in the courts, so we want to make sure that
25 you are able to hear clearly and see, at least myself,
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1 and what's going on with the proceeding. Okay?
2 A Okay.
3 Q And if at any time during the deposition
4 here you need a break, either, you know, glass of
5 water, go to the bathroom, whatever it is, just --
6 also just raise your hand, speak up, and we'll
7 accommodate you on that, okay?
8 A Okay.
9 Q Now, you understand you've just given an
10 oath to testify truthfully?
11 A Yes, I do.
12 Q Okay. And is there any reason that you're
13 aware of today that you would be unable to testify
14 truthfully or completely and answer my questions as
15 completely as possible?
16 A Could you repeat that? I'm sorry.
17 Q Yeah. Is there any reason that you know of
18 as to -- that would prohibit you from testifying today
19 truthfully and completely?
20 A No.
21 Q And we ask that just to get a sense of
22 whether there's any -- are you on any medication? Are
23 you not feeling well? Is there anything that would
24 stop you, or, you know, hinder your ability to
25 understand my questions and answer truthfully?
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1 MR. ROSEN: When you are talking about
2 medication, is she taking any type of medication
3 that would interrupt her mental acuity?
4 MR. DANON: That's exactly -- that was my
5 question.
6 BY MR. DANON:
7 Q Anything that you are taking, or anything
8 that you are feeling today or anything that would
9 somehow, you know, impact your ability to testify?
10 A No.
11 Q Okay. Thank you. Thank you.
12 As you -- just to understand, we have a
13 court reporter here that's going to be taking down --
14 she is creating a transcript of the questions and the
15 answers. The videographer who introduced himself is
16 taking a video here through the Zoom process, so there
17 will be a video also created of that. Do you
18 understand that?
19 A Yes, I understood.
20 Q So, one of the things that I would ask you,
21 when we go through here, too, is to try to keep your
22 responses verbal. So because there's a transcript
23 being created, we would like to make sure that, you
24 know, the court reporter can record something. So
25 nodding or, you know, shaking your head that we all --
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1 you know, I fall into that, too, it can happen. That
2 can't be recorded, so we try to keep the answers
3 verbal.
4 I may ask you that as a follow-up, your
5 counsel may also say something during the course to
6 make sure it's verbal.
7 Okay, like I said, if you need a break at
8 any time.
9 So let me start off on -- did you undertake
10 any preparation for your deposition today?
11 A Yes, I did.
12 Q Okay. What did you do to prepare for today?
13 A I reviewed documents that were sent in. I
14 received updates about the case. I took -- I met with
15 my attorneys. I -- yes, so I reviewed the notes, and
16 I -- basically I reviewed the notes, documents that
17 were sent to me.
18 Q And just following up on that, you said you
19 met with counsel. When did you meet with counsel,
20 your counsel?
21 A Yesterday.
22 Q And is that Mr. Rosen who you met with?
23 A That's correct.
24 Q Okay. Anyone else other than Mr. Rosen?
25 A Yes. So Mr. Cohen and Kim.
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1 Q And other than meeting with them yesterday,
2 did you meet before yesterday in order to prepare for
3 the deposition?
4 A Yes, that's correct.
5 Q You met -- let me just rephrase that.
6 How long did you say you met with your
7 attorneys to prepare for the deposition?
8 A Two hours.
9 Q Two hours.
10 A Two hours, give and take -- give or take at
11 that time.
12 Q Got it.
13 And you met with them only once for two
14 hours in preparation?
15 A Yes. That was -- then I met with my -- I
16 met before -- I believe it was last week, Saturday.
17 Q So you met with them twice --
18 A That's correct.
19 Q -- for preparation. Once last week and once
20 yesterday. Okay.
21 You said you had received some documents
22 from them?
23 A That's correct.
24 Q Okay. And you also mentioned notes. Are
25 there notes that you have and that you reviewed in
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1 preparation for the deposition, that are separate or
2 different from the documents that you're talking
3 about?
4 A Could you repeat? I'm sorry.
5 Q You mentioned that you had reviewed notes.
6 And then you also mentioned you had reviewed
7 documents. So I'm trying to -- my question really is,
8 are those two separate sets of documents, notes on the
9 one hand and documents on the other?
10 A Yes.
11 Q Yes, okay.
12 When you're talking about notes, are these
13 handwritten notes that you maintained or are they
14 typed-out notes that you had?
15 A Handwritten.
16 Q Handwritten. Okay.
17 A That's correct.
18 Q And do you know those -- when did you --
19 when did you prepare those handwritten notes?
20 A I prepared them yesterday.
21 Q Yesterday. Okay. So those notes did not
22 exist before yesterday?
23 A That's correct.
24 Q Okay. And would these be notes of your
25 conversations with your lawyers yesterday?
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1 A Yes.
2 Q Okay. Did you speak to anyone other than
3 your lawyers in preparation for your deposition today?
4 A No.
5 Q Did you speak to Ms. Cooke at all in
6 preparation for your deposition today?
7 A No.
8 Q The documents that you reviewed in
9 preparation for this deposition, do you know if those
10 documents were documents that were collected and
11 produced in this case? I don't know if you understand
12 what I mean by "produced." It's just one of the words
13 we use. In other words, documents that you collected
14 in response to a request for documents that Robinhood
15 provided to you.
16 A Can you clarify?
17 Q Yeah. So you testified -- you said that you
18 reviewed some documents, right?
19 A That's correct.
20 Q That these documents were provided to -- by
21 your lawyers. Do you know if those documents, as part
22 of this case, were provided to Robinhood, copies of
23 them or these --
24 A Yes.
25 Q They were?
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1 A Yes.
2 Q So all the documents that you reviewed in
3 preparation for today, at least your understanding,
4 are documents that were provided to Robinhood as part
5 of this proceeding?
6 A That's correct.
7 Q Okay.
8 And do you remember -- you know, if you
9 could just identify off the top of your head what
10 those documents were?
11 MR. ROSEN: Objection. Mr. Danon, I'm not
12 sure you are entitled to know what documents she
13 discussed with her lawyers prior to the
14 deposition. It seems to me that would be covered
15 by privileged work product sort of thing, so on,
16 so I will ask her not to discuss what she
17 discussed with her lawyers.
18 MR. DANON: Okay.
19 BY MR. DANON:
20 Q Without discussing --
21 MR. DANON: And I appreciate that,
22 Mr. Rosen. I'm not asking her for what she
23 discussed with you. I'm just asking for the --
24 MR. ROSEN: You are asking what documents
25 she discussed.
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1 MR. DANON: Not the discussions. It's --
2 just to be clear, I'm asking for documents that
3 she would have reviewed in preparation for the
4 deposition. I -- without revealing or discussing
5 any of the specific discussions that you had with
6 your lawyers.
7 MR. ROSEN: So Ms. Bernard, you can tell him
8 what documents, if you recall which documents
9 we -- you looked at yesterday during our meeting,
10 you can tell -- identify them to the extent that
11 you are able, but don't discuss exactly the
12 nature of our conversations.
13 THE WITNESS: Okay, so the document that I
14 recalled is the Complaint filed.
15 BY MR. DANON:
16 Q Okay. The Complaint. Any other documents
17 that you recall?
18 A I don't recall at this moment.
19 Q Okay. Was there, for instance, an account
20 statement?
21 A No, I don't recall.
22 Q Okay. Any certification that would have
23 been attached to the Complaint?
24 A I don't recall.
25 Q Okay. But you do recall the Complaint in
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1 the case, right?
2 A That's correct.
3 Q Okay. Prior to yesterday, had you seen that
4 Complaint?
5 A Yes, that's correct.
6 Q When had you seen the Complaint prior to
7 that, if you recall?
8 A As I recall initially, it was in 2021, and
9 then they amended it, so -- but initially, 2021.
10 Q Okay. And other than the Complaint itself,
11 you have no recollection of other documents that you
12 looked at yesterday in preparation?
13 A I don't recall at this moment.
14 Q Have -- we talked a little bit about -- or I
15 had asked you before if you had ever been deposed, and
16 you said you had not been deposed, right?
17 A That's correct.
18 Q Okay. Have you ever been a party in a
19 lawsuit?
20 A No.
21 Q So you've never been sued or filed a lawsuit
22 on your behalf?
23 A No.
24 Q Okay. And I'm going to take that also that
25 you've never -- or I'll ask it. I won't make the
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1 conclusion myself.
2 I ask, have you ever been or attempted to be
3 a class representative in a class action lawsuit?
4 A Never, no.
5 Q What is your understanding of what it means
6 to be a class representative in a class action
7 lawsuit?
8 A Well, I would oversee the class action. I
9 would look out for the interests of the other class
10 members, and work with other -- work with my attorney
11 to maximize their recovery, just working with the
12 attorney and giving them whatever they need from me,
13 and whatever the defendants might need.
14 Q Okay. Do you --
15 A Yeah, and make sure the class members are
16 treated equally, fairly.
17 Q And what is your understanding as to what
18 you will receive if you're successful in this lawsuit?
19 A I believe that's up to -- could you repeat
20 that? I'm sorry.
21 Q Yeah. What is your understanding of what
22 you will receive if you are successful in this
23 lawsuit?
24 MR. ROSEN: Objection. Vague. If you
25 understand the question, you can answer.
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1 BY MR. DANON:
2 Q You can answer.
3 A I don't -- can you restate it?
4 Q Well, you understand that you are serving as
5 a class -- a named class representative in a class
6 action, right?
7 A That's correct.
8 Q And you understand a class action is a
9 lawsuit, right?
10 A That's correct.
11 Q And you understand that, as a lawsuit, that
12 that lawsuit is seeking relief for a monetary relief
13 from defendant Robinhood, right?
14 A That's correct.
15 Q Okay, so my question is: What do you
16 understand, individually, what is your understanding
17 as to what you will receive, personally, if the
18 lawsuit is successful?
19 A It would depend on the judge, but hopefully,
20 it would be what was -- basically what was lost from
21 the manipulation of Robinhood, the restrictions,
22 basically -- let's see. So basically it would be
23 the -- sorry about that. So basically --
24 Q That's okay. If you don't know, that's
25 okay.
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1 A -- what was lost. The damages that occurred
2 due to the restrictions imposed by Robinhood.
3 Q And what do you understand are those
4 damages?
5 MR. ROSEN: Objection. Calls for a legal
6 conclusion.
7 BY MR. DANON:
8 Q You can go ahead and answer.
9 A Can you repeat? I'm sorry.
10 Q What do you understand those damages to be.
11 A Okay. Can you repeat it again? I'm sorry.
12 Q Yeah, no -- that's no problem. No problem.
13 What do you understand those damages to be.
14 And let me just say, you said that your understanding
15 is that what would occur if the lawsuit is successful
16 is that you would be awarded damages. So I'm trying
17 to understand, or my question is: What is your
18 understanding of what those damages are?
19 MR. ROSEN: Objection. Vague. Are you
20 asking for the dollar amount of her personal
21 claim, or are you stating the method of
22 calculating --
23 MR. DANON: I will ask you, Mr. Rosen to
24 just --
25 MR. ROSEN: Because it is vague.
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1 MR. DANON: I think you are limited to make
2 an objection. State the objection, and then she
3 can answer it, if she can answer it to the best
4 of her ability. If she cannot answer it, then
5 she can tell me that.
6 (Simultaneous speaking.)
7 MR. ROSEN: You asked her this open-ended
8 question that confuses her. So the question is,
9 are you asking her about her personal claim?
10 MR. DANON: Mr. Rosen, please -- you know
11 the rules.
12 MR. ROSEN: I know the rules, but I am
13 asking that you make the question clear.
14 MR. DANON: You know the rules on
15 deposition. I would appreciate it if you would
16 just allow her to answer the questions.
17 MR. ROSEN: I am going to instruct the
18 witness now. Let me.
19 So, Ms. Bernard, if you don't understand his
20 question, you are allowed to say to him, "Please
21 tell me what you want."
22 MR. DANON: Mr. Rosen --
23 MR. ROSEN: You are allowed to say that --
24 you are allowed to ask --
25 (Simultaneous speaking.)
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1 MR. ROSEN: I'm instructing my witness. You
2 will quiet down and let me instruct my witness.
3 When I am done instructing you can reask your
4 question.
5 MR. DANON: You cannot coach the witness.
6 MR. ROSEN: I am not coaching the witness.
7 MR. DANON: Yes, you are.
8 MR. ROSEN: But she has a right to a clear
9 question. And so I'm instructing her that if she
10 doesn't understand what he means -- this
11 gentleman means, you are entitled to ask him to
12 specify exactly so that you do understand it,
13 because we want a clear record, and we want
14 answers to questions that are understood.
15 MR. DANON: And I would appreciate --
16 MR. ROSEN: So if you understand the
17 question, you can answer it, otherwise --
18 MR. DANON: Talking over each other is not
19 going to work. That's exactly what I went
20 through at the very beginning on the background
21 rules. I asked her if she didn't understand what
22 I said, if she --
23 MR. ROSEN: You don't have to tell me what
24 you said --
25 (Simultaneously speaking.)
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1 MR. DANON: I think you need to let her
2 answer the question.
3 MR. ROSEN: I told her, she can answer the
4 question. And if she doesn't understand it, she
5 can ask it to be more clear in how you ask the
6 question so she can understand it.
7 MR. DANON: And I can tell her that
8 repeatedly. So I think we need to proceed.
9 BY MR. DANON:
10 Q Ms. Bernard, you mentioned that your
11 understanding is if this lawsuit was successful, that
12 the result would be that you would receive damages.
13 My question is: When you said, on the
14 record, that your understanding is that you would
15 receive damages, what do you understand "damages" to
16 be?
17 A To be the price of the stocks that I
18 purchased, the restricted stocks, minus the price of
19 the stocks that I sold.
20 Q Okay. So the -- your testimony would be the
21 difference between what you purchased and what you
22 sold the stocks; is that what you are saying?
23 A That's correct. The stocks that were
24 restricted by Robinhood, that's correct.
25 Q And is there a specific time frame as far as
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1 dates, that you understand to be the time frame that
2 is at issue in this case?
3 A When the stocks were sold?
4 Q Yes, purchased and sold. Purchased and
5 sold, yeah.
6 A Any stocks that were held on the -- January
7 the 27th, 2021, and any stocks -- the restricted
8 stocks that were sold between January 28 through
9 February the 4th, 2021.
10 Q Okay. And do you understand -- is there any
11 time limits on when you would own the stocks on
12 January 27, 2021?
13 MR. ROSEN: Objection. Vague.
14 BY MR. DANON:
15 Q You can answer the question if you
16 understand or if you know.
17 A Can you repeat again?
18 Q Do you understand whether or not there were
19 any time restrictions on when you would own stocks on
20 January 27, 2021? In other words, did you have to own
21 the stocks at the close of the trading day, if you
22 understand that, or could you own them at any time
23 that day?
24 A Yes, you could own them overnight, or you
25 can sell them before the market closed.
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1 Q And what is your understanding of when the
2 market closes?
3 A I believe it closes after 4. I believe.
4 Eastern time.
5 Q Eastern?
6 A Eastern time, that's correct.
7 Q And just to be clear on the record, is it
8 your understanding -- you said that -- your testimony
9 is that it closes after 4.
10 A No, I believe it's closed. I don't know if
11 it's 4:30 or 4:00 but I believe that's when it
12 officially closes, but it's after-hours trading.
13 Q Okay. So your understanding is that there
14 is a time, whether it's 4:00 or 4:30, that the market
15 closes, but that there is after-hours trading; is that
16 right?
17 A That's correct.
18 Q Okay.
19 Are you currently employed?
20 A Yes, I am.
21 Q Okay. And what is your job?
22 A Pharmacy technician.
23 Q And where do you work as a pharmacy
24 technician?
25 A Walgreens.
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1 Q Is there a specific --
2 A Walgreens.
3 Q Is there a specific Walgreens store or is
4 it -- does it move around?
5 A It's -- there is a store number, but it's
6 not at a physical location.
7 Q Okay. And how does that -- if it's a store
8 number, is it an online store or -- I'm just trying to
9 understand, yeah, if it is not a physical location,
10 where --
11 A I believe it's the shipping of medications
12 and delivery of medications and online support for
13 customers. So it's basically work at home, so to
14 speak.
15 Q So you, I guess what we'll call today, you
16 work remotely from home --
17 A That's correct.
18 Q -- for Walgreens?
19 A That's correct.
20 Q And how long have you been a pharmacy tech,
21 technician for Walgreens?
22 A Since November of 2021.
23 Q And prior to November of 2021, were you
24 employed anywhere?
25 A No, I was attending college.
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1 Q Okay. And where did you attend college?
2 A Miami Dade College.
3 Q And what campus of Miami Dade Community --
4 and just to be correct, is that Miami Dade Community
5 College?
6 A That's correct.
7 Q Okay, what campus of Miami Dade Community
8 College?
9 A North campus.
10 Q Okay. And what -- did you graduate with --
11 A Yes, I did.
12 Q -- a degree from Miami Dade Community
13 College?
14 A Can you repeat that? I'm sorry.
15 Q Did you graduate with a degree from Miami
16 Dade Community College?
17 A That's correct.
18 Q And when did you graduate, and what degree
19 did you earn?
20 A I graduated in 2020. That would be the
21 associate degree in business.
22 Q Is that in -- what time frame in 2020 did
23 you graduate?
24 A At the beginning, January --
25 Q January?
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1 A -- I believe that is correct.
2 Q And between your graduation and November of
3 2021, did you -- were you employed?
4 A During the time, I believe there was a
5 virus, there was some -- no, I wasn't employed. No.
6 Q You weren't employed, okay.
7 And your work for Walgreens, is that
8 currently at the same address that you provided at the
9 beginning of this deposition,
10 A That's correct.
11 Q And is this a full-time position?
12 A That's correct.
13 Q And as full-time, are you -- any -- is there
14 any specific hours during the day that you are on, I
15 guess on call or working with them?
16 A That's correct.
17 Q I was -- is there -- in other words, is it a
18 certain period of time, beginning and end? Is it 9 to
19 5, is it 8 to 4, you know, is it -- what's the workday
20 like for you as far as when it begins and when it
21 ends?
22 A It begins at 12:30 p.m., noontime,
23 basically, and ends at 11 p.m., and that's four days a
24 week.
25 Q Four days a week. Okay. Got it.
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1 And does your position as a pharmacy
2 technician require any certifications or -- is it --
3 what's the certification or license that you have?
4 A Pharmacy tech license.
5 Q Okay. And is that a license obtained from
6 the county or the state?
7 A I believe it's the state.
8 Q Okay. Is there any testing or -- yeah, any
9 testing involved with that, obtaining that
10 certification -- that license?
11 A Yes, that's correct.
12 Q There is. Okay.
13 And what is the test? Is it a full day, is
14 it something the state administers? What is that test
15 like?
16 A I believe it's something the states
17 administer. It's not a full day. It's -- basically
18 they give you questions and answers that you would
19 have to know the answers to the questions that they
20 provided, so that's --
21 Q And how long did you have to sit for the
22 test? How long was the test? A few hours, a day?
23 How long was it?
24 A My recollection is that -- I believe it was
25 one and a half hours.
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1 Q Okay. All right.
2 I believe, as part of the production in this
3 case, you provided Robinhood with what would be a copy
4 of a resume?
5 A That's correct.
6 Q Do you recall?
7 MR. DANON: And I just wanted to mark
8 that -- I think we're going to mark it as
9 Exhibit 99?
10 Mr. Rosen, is that okay with you? That's
11 the sequential numbering that's been going on?
12 MR. ROSEN: Yeah, I'm looking at Exhibit
13 Share, and I don't see any file folders for this
14 deposition, so I'm not sure how we're going to
15 view these.
16 MR. DANON: If you hold on one second, we'll
17 figure that out.
18 MR. ROSEN: All right.
19 MR. DANON: One second. I guess, if that's
20 okay, Mr. Rosen, we'll go off the record while
21 we're figuring this out.
22 Okay.
23 THE VIDEOGRAPHER: Off the record at
24 10:36 a.m.
25 (Recess was taken.)
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1 (Exhibit 99 marked.)
2 THE VIDEOGRAPHER: We are back on the record
3 at 10:58 a.m.
4 BY MR. DANON:
5 Q So, Ms. Bernard, I just want to confirm, you
6 have access now to the exhibit, the shared-exhibit
7 folder?
8 A That's correct.
9 Q Okay. And just to get some logistics
10 questions, are you currently using a laptop or a
11 computer?
12 A Yes, a laptop for the Zoom, and then I'm
13 able to access the -- the documents is on my phone.
14 Q So you're accessing the documents on your
15 phone. Okay. And are you also using the phone for
16 the audio portion of the Zoom meeting?
17 A No. No.
18 Q Okay.
19 A Just the documents.
20 Q Just the documents?
21 A For the time.
22 Q All right. So what we're going to mark as
23 Exhibit 99, and what has been uploaded into the share
24 folder is titled: Resume, Ava Bernard, Hollywood
25 Florida, 33024, the first three lines of the document.
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1 Do you see that?
2 A Exhibit 0099.
3 Q Yes.
4 A Yes, I do.
5 Q And is this -- and it's -- I don't know if
6 you can see this, but on the bottom right there are
7 some numbers, letters and numbers starting with
8 P00001313, and each page is numbered, that it's on the
9 bottom right. Do you see that?
10 A Yes, I do.
11 Q Okay. And this is a three-page document, so
12 those numbers go from 00001313 to 00001315.
13 Do you see that?
14 A Yes, I do see that.
15 Q So is this -- is this a document that you
16 prepared?
17 A Yes, that's correct.
18 Q Okay. And when did you prepare this
19 document? I may have missed it, but when I looked at
20 it, I did not see a date of preparation. It's got
21 what you are doing currently and your AA, but when did
22 you prepare this document, date-wise?
23 A I believe it was last year, but I don't
24 recall. I believe it was last year.
25 Q Okay. You don't recall a specific date --
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1 A That's correct.
2 Q -- or a time frame?
3 Okay. In the exhibit that you are looking
4 at. There is an area that is all in black. It's out
5 right under the "Hollywood, Florida, 33024."
6 Do you see that?
7 A Yes, that's correct. Yes.
8 Q Do you know what was contained in there and
9 what was taken out?
10 A No, I don't. It could be -- I don't know
11 what that is.
12 Q Okay. You don't recall if there was -- I
13 guess I was just asking: Was there any specific
14 language or type in there that then has been blocked
15 off?
16 A No. It could be something with the
17 document, but I can't really say.
18 Q Okay. Was there any specific reason you
19 prepared your resume here that's shown as Exhibit 99?
20 A Yes, I believe it was something that
21 Robinhood, the defendants, had requested.
22 Q Okay. And they -- and what was the request?
23 Do you understand? Was it as part of this case, or
24 was it as part of something else?
25 A I believe it was part of the case. They
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1 needed certain documents, and I --
2 Q Okay.
3 A -- that's correct.
4 Q So you understood, as part of the case,
5 there was a request for documents that Robinhood had
6 provided, and as part of that, you prepared this
7 document, which is Exhibit 99, which is your resume?
8 A That's correct.
9 Q And then you provided that to your counsel
10 who then provided it to Robinhood in this matter; is
11 that your understanding?
12 A That's correct.
13 Q Okay. Thank you.
14 Looking through it, is everything that you
15 have listed on the resume still accurate and current?
16 A I think it is.
17 Q Okay. Thank you.
18 A You're welcome.
19 Q
20 A
21 .
22 Q And, again, based on the four days a week,
23 the 12:30 to 11 time frame that you're -- that is your
24 work schedule; is that right?
25 A Could you repeat that? I'm sorry.
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1 Q I said, as I understood your work schedule
2 that you identified, it was 12:30 p.m. to 11 p.m.,
3 four days a week?
4 A That's correct.
5 Q Are those four days sequential? Is it like
6 Monday through Thursday? Does it change on a weekly
7 or monthly basis?
8 A It can change, because every -- every three
9 months or four months they change it that you would
10 have to change your schedule, but currently it's --
11 it's -- what's the word -- it's the same, the same --
12 the same days, the same hours. Nothing has changed.
13 So it's Sunday, Monday, Tuesday, Thursday.
14 Q Okay. And as part of what you described,
15 you know, you were doing this, when was it -- was
16 the -- filling out prescriptions for mail order; is
17 that correct? Or how did you -- yeah, how would you
18 describe what your day -- day-to-day activities are?
19 A Well, the patients call in. They want to
20 get their medications filled, so I would take the
21 medications that they want to be filled, I put in a
22 request for it to be filled by the pharmacist. I
23 would ensure that their information is correct, their
24 address, their name, date of birth. I also assist
25 them with website issues they might be having with the
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1 Walgreens website. If they have account issues.
2 They -- if other tasks that I'm able to do,
3 then I would assist.
4 Q Okay. So is it fair that during the day you
5 are on the phone with customers, and you are assisting
6 them with their prescription orders by phone?
7 A That's correct.
8 Q Do you also assist them through any chat
9 function or any e-mail or kind of using the website,
10 the Walgreens website?
11 A No, just the phone.
12 Q Okay. Do you have -- as a pharmacy
13 technician, do you have access to the customers'
14 records or files online through a Walgreens portal?
15 A That's correct.
16 Q Okay. And is that something that you would
17 be required to do when they are asking, you have to
18 search exactly what their prescription is, and make
19 sure that you are filling it correctly to the -- or
20 that it's being filled correctly with the pharmacist?
21 Let me just backtrack on that. That was bad
22 on my part.
23 I am saying, as part of -- as part of when
24 you are talking to them, you would have to have some
25 access to their Walgreens account, and you have that
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1 access online, on this; is that right?
2 A That's correct.
3 Q Okay. And is the computer that you use for
4 working for Walgreens, is it the same one that you are
5 currently using for this deposition?
6 A No.
7 Q No. Okay.
8 So do you have a separate computer that is
9 for the Walgreens job?
10 A That's correct.
11 Q Okay. And is that a laptop?
12 A A desktop.
13 Q A desktop. Okay.
14 A That's correct.
15 Q So do you know -- well, you understand that
16 in this case you have an assignment from Colleen
17 Cooke; do you understand that?
18 A That's correct.
19 Q Okay. Who is Colleen Cooke?
20 A That's my mother.
21 Q Okay. And does she live with you, or do you
22 live with her?
23 A Yes, we -- yes, that's correct, I live with
24 her.
25 Q So you live together at
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1
2 A That's correct.
3 Q Okay.
4 And how long have you lived -- well, I will
5 ask you: How long have you lived in that apartment
6 with your mother?
7 A I believe since last year, June. I don't
8 remember if it's June or July, but last year.
9 Q Okay, since last year. Before that, before
10 June, July of 2022, were you living -- where were you
11 living?
12 A I was living at a different address, the
13 .
14 Q Okay. And how long did you live at the
15
16 A I believe it was 2013. I don't know the
17 exact month, but it was 2013.
18 Q So, from about 2013 to 2022, so that would
19 be almost nine years at the other address?
20 A I think so.
21 Q And your mother, Ms. Cooke, how long has she
22 lived at the
23 A The same time frame, which is either July or
24 June of last year.
25 Q Okay. And prior to that, do you know what
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1 her address was prior to June, July 2022?
2 A Could you repeat that? I'm sorry.
3 Q Prior to June or July of 2022, what was your
4 mother's address where she lived?
5 A It was the same address, the same time
6 frame, 2013 to 2022.
7 Q Okay. And I just want to be clear, that
8 address, it's ?
9 A That's correct.
10 Q And during that time frame from 2013 to June
11 or July of 2022, were you living -- were the two of
12 you living together in that residence, both lived
13 there?
14 A Could you repeat that? I'm sorry.
15 Q During the time frame of 2013 to June, July
16 of 2022, did you both live at the
17
18 A That's correct.
19 Q During that time, did you live at -- did you
20 yourself, individually, live in any other location?
21 A No.
22 Q Okay.
23 Did you -- did you discuss this lawsuit with
24 your mother, Ms. Cooke?
25 A No.
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1 Q You didn't have any discussions with your
2 mother about this lawsuit?
3 A That's correct. She only knows there's a
4 lawsuit and a deposition. That much, basically.
5 Q Did you discuss the lawsuit with her prior
6 to the assignment that was signed?
7 A I'm sorry, could you repeat that?
8 Q Did you discuss this lawsuit and the
9 Complaint that was filed with your mother prior to the
10 assignment of the claim that was signed?
11 MR. ROSEN: You mean, did she notify her
12 about it, or did she have in-depth discussions?
13 You have to be precise in your questioning.
14 BY MR. DANON:
15 Q You can answer the question, Ms. Bernard.
16 A Do you mean if I --
17 Q Did you have discussions with her?
18 A If it was okay to go ahead with the lawsuit,
19 to sign on with the Rosen law firm?
20 Q Any -- any discussions, whether it was --
21 whether it was okay to approve, or what you -- any of
22 the issues in the case. Any discussions with her
23 about the lawsuit?
24 A She basically was okay with going -- she
25 trusts my judgment, so she -- she allowed me to go
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1 ahead with that, the lawsuit -- going on and signing
2 with the Rosen, if that's what you mean.
3 Q Did you have any discussions with her, and
4 that is -- I appreciate that. That's definitely one
5 of the things I was wondering.
6 A Okay.
7 Q But as part of the question, too, did you
8 have any discussions with her about the shares that
9 were at issue, about Robinhood, about any of the
10 allegations that are in the Complaint?
11 Do you understand what the allegations of
12 the Complaint are? Let me -- let me -- let me start
13 again.
14 So you understand the Complaint makes
15 certain assertions or describes certain events, right?
16 That's what the pages of the Complaint are. There are
17 a number of paragraphs, and it talks about -- it makes
18 out -- those are called allegations of the Complaint,
19 what it says happened and what it claims against
20 Robinhood.
21 Did you -- so my question is, did you
22 discuss with your mother any of those allegations that
23 are presented in the Complaint?
24 A She did know that we lost money, but in
25 regards to -- my mother really -- really is not
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1 interested in stocks, but I just basically asked
2 her -- I had to get her permission to go ahead and --
3 and to work with the Rosen law firm. But she doesn't
4 really -- so if I discussed -- so I don't recall any
5 deep discussion or anything regarding the case to all
6 that. Just lost money, the Robinhood, and would like
7 to -- to work with the Rosen law firm to see what we
8 can recover from the manipulation.
9 Q How did you learn of the Rosen law firm?
10 A I went online. I was looking to see if I
11 could find a law firm. If there was -- so not
12 anything that was definite, but I was just looking to
13 see if there is a law firm that I could contact to see
14 if they could assist.
15 Q And when you went online, was it with a
16 specific purpose of finding a law firm in connection
17 with the short squeeze and the purchase and sale of
18 the stocks in 2021?
19 MR. ROSEN: Objection. You used the term
20 "short squeeze." There's nothing in the record
21 about what a short squeeze is. So that assumes
22 facts not in evidence. So you may want to
23 rephrase that to be proper.
24 MR. DANON: Mr. Rosen, again, under the
25 rules, you can object, and you can object to
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1 form, but you are not permitted to deal or expand
2 that, you know, in a way that coaches the
3 witness. So I would just appreciate it --
4 MR. ROSEN: Nobody is coaching the witness.
5 I'm asking you to try to formulate correct
6 questions that are not compound, that are precise
7 and --
8 (Simultaneously speaking.)
9 MR. DANON: You can object to form, and it's
10 preserved. So -- anyway.
11 BY MR. DANON:
12 Q Ms. Bernard, when you said that you went
13 online to look for a law firm, what time frame -- what
14 time of year, and what year was that?
15 A It was 2021. I don't remember the month.
16 It was 2021.
17 Q And you understand this Complaint -- or do
18 you understand that this Complaint alleges, or the
19 allegations of this Complaint are based in a time
20 period which is in January of 2021 to early February?
21 A That's correct.
22 Q And you yourself had stated earlier that you
23 understood that the time frame for the sale or
24 purchase and sale of the securities was January 27,
25 2021, and up to February 3rd of 2021; is that right?
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1 A Can you repeat?
2 MR. ROSEN: I'm not sure that's what she
3 said, actually.
4 MR. DANON: You can object, again,
5 Mr. Rosen, but I don't think you can make a
6 statement.
7 MR. ROSEN: Objection. Mischaracterizes the
8 testimony.
9 MR. DANON: She can correct me if I am --
10 MR. ROSEN: Just that --
11 MR. DANON: -- if I am not right.
12 MR. ROSEN: -- I just objected.
13 MR. DANON: Just object, and that's it.
14 BY MR. DANON:
15 Q Ms. Bernard?
16 A Okay.
17 Q You understand you had previously stated
18 that you understood that to be in the class period in
19 this case was the shares that were held on January 27,
20 2021, and then sold up to -- after that date, up to
21 February 3, 2021.
22 Did you understand that, February 4?
23 A Yes, February the 4th, that's correct.
24 Q So you understand that time frame, what
25 we're talking about, date-wise, is January 27, 2021,
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1 through February 4th of 2021. Do you understand that?
2 A Yes. Twenty-seven for when the -- yes,
3 that's correct.
4 Q So when you went online to find counsel,
5 were you looking for counsel to help you in connection
6 with anything that related to your transaction with
7 stock during that time period of January 27, 2021 to
8 February 4th of 2021?
9 A I mostly went there to see how I can recover
10 the damages, the loss -- from the loss that -- the
11 loss that I -- from the stocks that the -- the loss
12 from the stocks that Robinhood restricted, the loss --
13 so I went in to recover those losses, so that was my
14 main reason for seeking out a law firm.
15 Q And had you read anything online prior to
16 seeking out the Rosen law firm, about any potential
17 lawsuits or any active lawsuits against Robinhood,
18 regarding any sales of securities during the time
19 period of January 28 through February 4, 2021?
20 A No, that I don't recall now.
21 Q Had you contacted anyone else about your
22 attempt to seek recovery of losses prior to reaching
23 out to the Rosen law firm?
24 A No.
25 Q Had you discussed with your mother the
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1 intention of seeking out counsel prior to reaching out
2 to the Rosen law firm?
3 A Yes, that's correct.
4 Q Now, is your mother involved in investing in
5 stocks?
6 A No.
7 Q Do you discuss with her on -- do you discuss
8 with her any investments in stocks?
9 A No.
10 Q Have you ever discussed with her any
11 investments in stocks?
12 A No. She is not really interested in any
13 stock -- stocks.
14 Q So she is not interested in --
15 A Learning about it and -- I mean, she's okay
16 with it but, yes, that's correct.
17 Q Just so that I can understand. She is not
18 interested in the investment in stocks?
19 A In terms of what it takes to select stocks,
20 just the concept, I guess, to -- yeah, she's not --
21 you know, yeah, that's correct, she's not, you know.
22 Q I think you finished the answer. I just
23 want to make sure you finished the answer,
24 Ms. Bernard.
25 A Oh, yes, I'm finished.
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1 Q Okay.
2 These -- so these -- so the shares that you
3 have identified in this case, the AMC and Nokia
4 shares, and those transactions in the Robinhood
5 account, did your mother, Ms. Cooke, have any
6 involvement in a decision of when to purchase or sell
7 any of those stocks?
8 A No.
9 Q Prior to ordering any purchases of the
10 shares that you've identified in your certification,
11 did you have any discussions with your mother?
12 A No.
13 Q Prior to ordering any sell or sale of the
14 securities identified in your certification, did you
15 have any conversations with your mother?
16 A No.
17 Q Okay, so it's fair to say that you did not
18 have any discussions with her on the decision of
19 whether to buy or sell any stocks that were in your
20 Robinhood account?
21 A That's correct.
22 Q Now, you are -- you're seeking to be a class
23 representative in this case. We talked about that
24 earlier. And that you had looked at the Complaint
25 prior to it being filed.
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1 Do you recall the stocks that are involved
2 in this lawsuit and identified in the Complaint?
3 A Yes, that's correct.
4 Q Okay. And do you recall them or is it --
5 can you recall them off the top of your head?
6 A Yes, I can.
7 Q Okay. What are those stocks?
8 A Nokia, GameStop, AMC, BlackBerry, the
9 Bartlein (phonetic), Tootsie Roll, Trivago, and -- am
10 I missing one? Let's see.
11 Q That's very good.
12 A Okay.
13 Q Now, in connection with the claims that you
14 are asserting on behalf of your mother, what are the
15 stocks that you are basing your claims in this case
16 on?
17 A That would be Nokia and AMC.
18 Q Okay. And just to be clear, other than
19 Nokia and AMC, there are no other shares or stocks
20 that you're making any claims in this case on; is that
21 correct?
22 MR. ROSEN: Personally?
23 THE WITNESS: I'm sorry, can you repeat
24 that?
25
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1 BY MR. DANON:
2 Q On behalf of your mother --
3 A Okay.
4 Q -- you're not asserting claims based on any
5 other stocks; is that correct?
6 A Those are the only two stocks.
7 Q Do you have any claims individually that you
8 would seek to assert in this lawsuit?
9 MR. ROSEN: Apart from her mother's claims
10 that she's --
11 MR. DANON: Again, Mr. Rosen, if you have an
12 objection, you can state it.
13 MR. ROSEN: Well, that's my objection. I
14 don't understand.
15 MR. DANON: You can use the word
16 "objection." You can say "objection."
17 MR. ROSEN: Yeah. But when you ask
18 imprecise questions, you get answers to questions
19 that you don't ask, and then --
20 MR. DANON: You can object.
21 MR. ROSEN: And then usually --
22 MR. DANON: You can object and preserve the
23 record.
24 MR. ROSEN: I'm trying to help you formulate
25 it.
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1 MR. DANON: And I appreciate that. I really
2 do.
3 (Simultaneously speaking.)
4 MR. ROSEN: Do your best. Okay. Thank you.
5 MR. DANON: And you follow the rules and the
6 practice on depositions. State your objection,
7 it's preserved, and then we can proceed.
8 BY MR. DANON:
9 Q Ms. Bernard, are you asserting any
10 individual claims on your behalf, other than on behalf
11 of your mother, in connection with any of the stocks
12 that you have identified?
13 A Just on behalf of my mother.
14 Q Do you have any accounts in your name,
15 any --
16 A No.
17 Q -- trading accounts or investment accounts
18 in your name?
19 A No.
20 Q Do you own any stocks in your own individual
21 name?
22 A No.
23 Q Have you ever purchased or sold any stocks
24 in your individual name?
25 A No.
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1 Q So the only stocks or investment that you
2 have undertaken are on behalf of your mother and
3 her -- and within her account?
4 A That's correct.
5 Q And understanding she's your mother so you
6 probably have conversations with her, but do you have
7 any formal authorization from your mother to act on
8 her account?
9 A Verbal.
10 Q Right. Okay.
11 When you -- or let's say, do you know, in
12 opening the account at Robinhood, did you assist her
13 with that, or did she do that on her own?
14 A She gave me the okay to open it for her.
15 She -- yes, that's correct.
16 Q So you opened the account for her?
17 A That's correct.
18 Q Did you fill out all the account-opening
19 information yourself?
20 A I don't recall what they gave me to open --
21 to open the account, so I don't recall what --
22 Q Do you recall when you open an account, you
23 have to provide, right, name, address, some sort of
24 personal details, right?
25 A I don't recall. It could have been, but I
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1 don't recall.
2 Q Okay. I didn't want to cut you off.
3 A No, that's okay.
4 Q Okay. But you -- do you remember opening an
5 account at Robinhood in your mother's name?
6 A Yes, but I -- yes, that's correct.
7 Q So you do remember opening an account in her
8 name?
9 A That's correct.
10 Q Okay. And what I was trying to ask is if
11 you remember, at the time you were opening the
12 account, what type of information had to be provided
13 in order to open the account. Do you remember any of
14 that?
15 A No, I don't recall.
16 Q But to the extent any information was
17 provided, that was provided by you; is that correct?
18 A I don't recall if there's anything that she
19 needed to have done. I don't recall if she played a
20 part in that. I don't recall what was required at the
21 time.
22 Q So you don't know whether or not she
23 provided any of the information that was required?
24 A That's correct, I don't recall.
25 Q And when was the account opened, do you
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1 recall?
2 A I do believe it was in 2020. I don't
3 remember the month, but it was 2020, the later stage.
4 I believe it was either November or October.
5 Q Of what year? I'm sorry, Ms. Bernard.
6 A 2020.
7 Q 2020. Have you -- let me start again.
8 Does your mother have accounts, investment
9 accounts, with any other firm?
10 A That would be Stash. That's correct.
11 Stash.
12 Q And did you also help with opening that
13 account?
14 A Yes, that's correct.
15 Q Okay. Did she participate in providing the
16 information that was necessary to open the account at
17 Stash?
18 A It could be the same thing. I don't recall
19 what was required or what input she had. I don't
20 recall.
21 Q When opening the Robinhood account, do you
22 recall if all the information was provided online, or
23 did you have to provide any information in writing
24 through the mail?
25 A Could you repeat that? I'm sorry.
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1 Q I said, in opening the Robinhood account, do
2 you recall if all the information was provided online,
3 you know, through computers, or was it -- or was there
4 any information that you provided through the mail?
5 A I want to say online, but I don't really
6 recall. I believe it's online, but I don't know if
7 they sent documents through the mail, so I -- it's
8 2020. I don't recall. I believe it was online.
9 Q And as part of the Robinhood account, did
10 you create a -- I'd say, an account details, like a
11 user name and a password in order to access your
12 account -- your mother's account, I'm sorry?
13 A Yes, you would have to have a log-in to
14 access the account.
15 Q And when you created that log-in, was your
16 mother involved in creating that log-in?
17 A No. I usually create the log-ins. No.
18 Q So you created the log-in yourself?
19 A I usually do that for my mother's account,
20 whether it be anything, because that way I could set
21 up the passwords and so she can easily remember them.
22 Q Does she know the user name and password for
23 the Robinhood account?
24 A Like I said, she's not interested in the
25 passwords or the investing, so it's something that she
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1 is not really interested in.
2 Q So she doesn't know the log-in details?
3 A No. It's something that she doesn't want to
4 know, but if she wanted to, she would have access to
5 all the information, all the log-in information.
6 Q But from your understanding, she doesn't
7 know, at this point. She has not asked you for it?
8 A No, it is something that she's not
9 interested in.
10 Q Question: How old is your mother?
11 A She is 63 years old.
12 Q Okay. And is she employed?
13 A That's correct.
14 Q And what does she do?
15 A Certified nursing assistant. Caregiver.
16 Q How long has she been a certified nurse
17 assistant?
18 A I believe it's since 2013.
19 Q 2013, okay.
20 A That's correct.
21 Q And where -- where does she work? Is it a
22 hospital or a facility?
23 A It's a private -- private home, private --
24 she works private for an individual that needs -- an
25 individual that needed her father to be taken care of,
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1 so she is currently working private.
2 Q So it's a private house, and a caregiver, an
3 assistant for somebody, right, privately, one person?
4 A That's correct.
5 Q It takes special people to do that, so I
6 respect that a lot.
7 A Okay.
8 Q Is -- so she's been doing that since 2013?
9 A That's correct.
10 Q Okay. With the same family?
11 A No. No, different.
12 Q Different. Is -- when she is looking for
13 families that need assistance, is this -- does she
14 work with an agency? Is she part of a group? Or is
15 it just really kind of an individual basis?
16 A Previously, it was with an agency, but now
17 it's private.
18 Q Okay. "Private" being just herself, right?
19 A Yes, that's correct. She works for an
20 individual person. She doesn't have to go through an
21 agency.
22 Q And prior to 2013, what is it that she --
23 was she employed and what did she do?
24 A Prior to that, I wouldn't say she was a
25 certified nurse, but she basically was there to look
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1 after, like, take care of a household. So there was
2 this elderly lady that she -- she basically was there
3 to keep her company, and look after the home, so it
4 wasn't really healthcare like being certified, so she
5 just did that for part time.
6 Q Okay, part time.
7 And how long did she do that prior to 2013?
8 A I believe it was either one and a half years
9 or two years.
10 Q Okay. And before that, did she work
11 somewhere else in healthcare? Was she a nurse?
12 A No, she worked at -- let's see -- school, I
13 believe, a school in terms of preparing lunches for
14 students. Yeah.
15 Q In Miami? What school was it?
16 A No, it wasn't in Miami. It was in --
17 Q Oh, okay.
18 A Yeah, that's right.
19 Q Was that in Pennsylvania?
20 A No.
21 Q Oh, where was it?
22 A It was in Kingston, Jamaica.
23 Q Got it. Okay.
24 A Okay.
25 Q Okay. And in -- just to wrap this up, in
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1 the depo I know you mentioned 2013. Did she come from
2 Jamaica in 2013 or before that?
3 A 2010.
4 Q 2010, okay.
5 (Premarked Exhibit 5.)
6 BY MR. DANON:
7 Q Let me show you as an exhibit -- and I think
8 it has previously been marked as Exhibit 5, which is
9 the Complaint. And I know you are using your phone to
10 look through this, right, so, it might be a little
11 challenging for you, Ms. Bernard, but -- is it up?
12 Okay.
13 Is -- do you recall seeing this document? I
14 know you testified earlier that you had seen it, but I
15 just want to make sure for the record. You recall
16 seeing this document that has been marked as
17 Exhibit 5?
18 A Okay, waiting for it to pop up.
19 Q Okay. You may need to refresh the screen in
20 order to have it recognize the new exhibit.
21 A Yes, I do see it.
22 Q Okay, good.
23 And do you recognize this Exhibit 5 as the
24 Amended Consolidated Class Action Complaint in this
25 matter?
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1 A That's correct.
2 Q Okay. And I think previously you said you
3 had looked at this yesterday, at least yesterday.
4 Prior to yesterday, had you seen this document? Do
5 you recognize or does it refresh your recollection as
6 to having seen it before?
7 A That's correct.
8 Q Okay. If I can direct your attention to --
9 you notice how all the paragraphs are numbered,
10 correct?
11 A That's correct.
12 Q If you go to page 69, paragraph 128, if you
13 can look at paragraph 128. And do you understand this
14 paragraph to --
15 A I'm sorry, could you repeat that?
16 Q Yeah. Paragraph 128, on page 69 of the
17 document?
18 A It's currently black, so I'm just waiting on
19 the screen to pop up.
20 Q Yeah, it probably has to load up. Right.
21 MR. ROSEN: Yeah, it's going slow. It's
22 also taking awhile for me to pull it up.
23 MR. DANON: Okay.
24 MR. ROSEN: Paragraph 25, you said?
25 MR. DANON: 128. 128 on page 69.
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1 THE WITNESS: It is still loading.
2 MR. DANON: Okay.
3 THE WITNESS: It is loading one page at a
4 time so...
5 MR. DANON: So it's taking --
6 MR. ROSEN: Can she look at the paper copy?
7 Maybe she has the paper copy.
8 MR. DANON: If she has the paper copy,
9 that's okay, if that's okay with you, Mr. Rosen.
10 MR. ROSEN: Yeah, it will save us some time
11 and make it easier.
12 MR. DANON: Yeah.
13 THE WITNESS: Okay. You said page 69?
14 BY MR. DANON:
15 Q Page 69, paragraph 128.
16 A Okay.
17 Q Do you -- I don't know if you want to read
18 it, or do you recall reading that paragraph?
19 A I don't recall exactly what it said, but I
20 read every paragraph.
21 Q Okay.
22 A Every --
23 Q Do you want to -- well, do you understand
24 that paragraph to be the paragraph that identifies the
25 stocks by name and by code symbol?
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1 A That's correct.
2 Q Identify the stocks that are at issue in the
3 case; is that right?
4 A That's correct.
5 Q And you did mention, I think, all but one,
6 so good job on remembering there.
7 A Thank you.
8 Q So the shares and the stocks and symbols are
9 identified.
10 In this paragraph, you understand that
11 there -- the words there are collectively -- they are,
12 "the Affected Stocks."
13 Do you see that? Right in the middle of the
14 page?
15 A Yes, I do.
16 Q So I just point that out so that going
17 forward, when I mention or use the word "Affected
18 Stocks" during the deposition, you would understand
19 that the stocks we're talking about are the stocks
20 identified by name and symbol on paragraph 128.
21 A Okay.
22 Q Is that fair?
23 A Yes, that is fair.
24 Q And as -- as -- and in this paragraph, it
25 also describes the class or who would be part of the
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1 class that you are seeking to represent; is that
2 right?
3 A Could you repeat that? I'm sorry.
4 Q You understand that, as part of a named
5 class, you are seeking to file this case on behalf of
6 a class of people, a group of people; is that right?
7 A That's correct.
8 Q And you understand that that class has to
9 have a definition which is a description of who would
10 fall into that class; is that right?
11 A That's correct.
12 Q Okay. And do you understand paragraph 128
13 as describing who would be a member of the class?
14 A That's correct.
15 Q Okay. And do you understand that to be a
16 member of the class, as explained in paragraph 128
17 here, the person has had to have held shares in these
18 Affected Stocks that are identified by name and symbol
19 at the close of trading on January 27, 2021?
20 A Could you repeat that? I'm sorry.
21 Q Do you understand that to be a member of the
22 class as described in paragraph 128 of this Complaint,
23 a person has to have held shares in the Affected
24 Stocks, the ones that are identified by name and
25 symbols in paragraph 128, at the close of trading as
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1 of January 27, 2021; is that correct?
2 A Yes, that's correct.
3 Q Okay. And then you -- do you also
4 understand that to be a member of this class that's
5 described in paragraph 128, a person would have had to
6 have sold the shares in the Affected Stocks at a loss
7 between January 28 and February 4 of 2021; is that
8 correct?
9 A Yes, I understand that -- could you repeat
10 that? I'm sorry.
11 Q Do you understand that to be a member of the
12 class, as described in paragraph 128 of this
13 Complaint, a person would have had to have sold shares
14 in the Affected Stocks -- so the stocks that are
15 listed here by name and symbol in paragraph 128 --
16 would have sold those shares at a loss between
17 January 28 and February 4th of 2021?
18 A Yes, that's correct. That's correct.
19 Q Thank you.
20 So if you turn to -- you have the paper
21 copy, and on the paper copy, do you see on the top
22 right -- oh, you also have Exhibit A, the Complaint,
23 in paper copy?
24 A I believe so. Let's see.
25 I do have it, but I would have to look for
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1 it.
2 Q Okay. Good.
3 A Okay, what am I looking for? Can you --
4 Q Exhibit A to what was the Complaint. And I
5 wanted to direct you to -- do you see at the top right
6 there's in blue, or there should be page numbers, page
7 4 of 23. I don't know if you have a filed copy or
8 not.
9 And what I'm --
10 MR. ROSEN: She may not have the exhibit. I
11 don't know if she has the exhibit.
12 (Simultaneous speaking.)
13 MR. DANON: I just want to make sure she has
14 it right. Mr. Rosen, do you want to --
15 MR. ROSEN: You want her to look at the
16 certification?
17 MR. DANON: Exactly.
18 MR. ROSEN: She should have a copy of the
19 certification form somewhere.
20 THE WITNESS: Do you mean Exhibit 1 or --
21 MR. DANON: So attached to that --
22 MR. ROSEN: Yeah, it would be Exhibit 1. It
23 would be labeled Exhibit 1 that we sent to you.
24 THE WITNESS: I understand.
25 MR. ROSEN: It's your mother's -- it's your
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1 certification form, and then your mother's
2 assignment. The first version of it that was
3 filed with the court.
4 THE WITNESS: Okay, so I do see the Exhibit
5 1. I was looking for Exhibit A. I do see
6 Exhibit 1.
7 BY MR. DANON:
8 Q All right, so do you -- do you have in front
9 of you what is certification -- and it's: "Ava
10 Bernard, the plaintiff, authorizes the Rosen law firm
11 to file an action or amend a current action in the
12 federal securities laws," et cetera.
13 Is that what you are looking at?
14 A That's correct.
15 Q And it is executed on the bottom, it has a
16 date, execution date of 11/29/2021?
17 A That's correct.
18 MR. DANON: We would like to mark that
19 certification dated 11/29 -- 11/29/2021, as
20 Exhibit 100.
21 Mr. Rosen, are you okay -- we're going to
22 upload it, but are you okay if she's looking at
23 the paper copy that she has?
24 MR. ROSEN: Yeah, as long as she got the
25 right document.
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1 MR. DANON: Exactly. That's why I want to
2 make sure we have the right one in front of her.
3 MR. ROSEN: Sounds like that is her original
4 certification form. As you know, she served --
5 or we served amended certification form and
6 amended assignment yesterday, I think.
7 MR. DANON: We received it yesterday
8 afternoon.
9 MR. ROSEN: All right.
10 MR. DANON: Yep. I want to mark as Exhibit
11 100 the 11/29/2021 certification.
12 (Exhibit 100 marked.)
13 BY MR. DANON:
14 Q I just want to make sure, Ms. Bernard --
15 what you have in front of you, you can look at it now.
16 It's in the shared exhibit folder, but I want to make
17 sure that what you have in front of you as a paper
18 copy is the certification that you signed on
19 November 29, 2021.
20 A Okay, I do have that.
21 Q Okay. That is in front of you?
22 A That's correct.
23 Q And if you turn to the second page of that
24 certification, that's Schedule A, said: "Ava Bernard
25 assigned from Colleen Cooke." Do you see that?
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1 Ms. Bernard, somehow you got on mute. So I
2 don't know if you --
3 A I'm sorry about that.
4 Q That's all right. That's all right.
5 So do you see that as far as Schedule A --
6 A That's correct, I do.
7 Q -- do you see that document? I'm sorry, I
8 was -- I don't know if it -- I didn't hear.
9 A Yes, I do see it.
10 Q Okay, perfect.
11 And on this document it includes purchases,
12 AMC -- two AMC purchases of 500 shares on January 27,
13 2021; is that correct?
14 A Could you repeat that? I'm sorry.
15 Q I'm saying what Schedule A of this
16 certification executed on November 29 of 2021, what it
17 first lists on Schedule A are purchases. It has AMC,
18 the date 1/27/2021. And shares, it has got 500 or two
19 purchases of 500 shares; is that correct?
20 A That's correct.
21 Q Okay. And then on the sales, it has one
22 sale on February 2, 2021, of 500 shares, and a second
23 sale on February 3, 2021, of 500 shares; is that
24 correct?
25 A That's correct.
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1 Q The time you executed this certification,
2 the only stocks or shares that you identified that
3 were part of the claim you were asserting on behalf of
4 your mother, was the AMC shares; is that right?
5 A That's correct.
6 Q Okay. And this schedule that lists the
7 shares, is that a schedule that you prepared, or did
8 your attorneys prepare it?
9 A I'm sorry, could you repeat that?
10 Q The schedule that is shown on your
11 certification --
12 MR. ROSEN: The list of purchases and sales?
13 THE WITNESS: I gave them that information.
14 BY MR. DANON:
15 Q Okay. Did you prepare the schedule, or did
16 the lawyers prepare the schedule?
17 A When you say "prepare the schedule" --
18 Q Actually drafted the schedule. Put it
19 together.
20 A My attorneys drafted the schedule, but I
21 gave them the information with the purchases and
22 sales.
23 Q And did you identify these two purchases and
24 these two sales, or did you provide them with account
25 statements, and they selected the purchases and shares
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1 to list on Schedule A?
2 A I believe both.
3 Q Can you explain that?
4 A Ah, yes, so they asked what --
5 MR. ROSEN: Objection. Objection. I'm
6 sorry, you can't -- you can't tell them what we
7 asked you.
8 MR. DANON: Yeah, I don't want to --
9 MR. ROSEN: It is attorney-client privilege.
10 BY MR. DANON:
11 Q Yeah, I don't want to know your
12 conversations with them. I just want to know as to
13 how this document was created and how those four
14 transactions were identified.
15 Did you identify those four specific
16 transactions, or did you provide an account statement,
17 and the attorneys identified the four transactions?
18 A I identified those transactions.
19 Q Did you highlight them in your account
20 statement, or did you provide them verbally?
21 A Can you --
22 MR. ROSEN: Objection. Objection. Look,
23 you are not -- these are conversations with her
24 lawyer. I let you go way too far here. She has
25 testified that we prepared the schedules. And
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1 that's about as far as you are going to go as far
2 as her conversations and interactions with her
3 lawyers on this. All right?
4 MR. DANON: I do not -- I do not want to get
5 into the conversations that she had with lawyers.
6 I do want to know about how the document was
7 provided. And she signed it, so I would like to
8 know how -- you know, what input she had in the
9 document --
10 MR. ROSEN: She told you -- she told you she
11 gave us the information. We prepared the
12 schedules.
13 MR. DANON: Okay. Thank you.
14 BY MR. DANON:
15 Q If you go to the first page, the
16 certification, this certification, is this something
17 that was provided for you to sign or did you draft the
18 document, paragraphs 1 through 6?
19 A Could you repeat that again? I'm sorry.
20 Q Okay. The front portion of this
21 certification includes paragraphs 1 through 6.
22 Do you see that?
23 A That's correct.
24 Q And then at the bottom you signed it,
25 executed on 11/29/2021; that's your signature, right?
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1 A Yes, that's correct.
2 Q And you DocuSigned it, right, so you signed
3 it electronically?
4 A Yes, that's correct.
5 Q Did you draft this certification, or was it
6 a document that was provided to you by counsel, and
7 you signed it?
8 A Provided to me by counsel, and I signed it.
9 I viewed it and signed it.
10 Q Okay.
11 Then there's a -- if I put this sequentially
12 on the exhibit, there's an assignment form that comes
13 after Schedule A, right?
14 A Could you repeat that?
15 Q If -- we're just making sure that the
16 exhibits match here. There should be a third page
17 that is the assignment. It's titled "Assignment." It
18 says, "Colleen Cooke, the undersigned, assignor,
19 hereby transfers, et cetera." It's executed also on
20 November 29, 2021, and signed, DocuSigned Colleen
21 Cooke; do you see that?
22 A Yes, I do see that.
23 Q We're looking at the same document?
24 A Yes, I do see that.
25 Q Okay. What do you understand this document
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1 to be?
2 A I understand that -- exactly what the
3 document says. It assigns, transfers and sends over
4 to me all rights, title, ownership, and interest of my
5 mother, and any and all claims, demands, and causes of
6 action of any kind whatsoever.
7 So basically what the document says.
8 Q Okay. And this document, is this a document
9 that was prepared by your attorneys and you signed it,
10 or did you draft the document?
11 A It was prepared by my attorneys. I reviewed
12 it, and my mother signed it.
13 Q Okay. Is -- is your understanding that this
14 assignment gives you any ownership over the stocks
15 themselves?
16 MR. ROSEN: Objection. Calls for a legal
17 conclusion.
18 BY MR. DANON:
19 Q You can go ahead.
20 MR. ROSEN: And it mischaracterizes the
21 document.
22 THE WITNESS: I'm sorry, could you repeat?
23 BY MR. DANON:
24 Q Do you understand whether or not this
25 assignment gave you any ownership over the shares or
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1 the stocks themselves?
2 A No.
3 Q Okay. So your understanding is that this
4 assignment only involves any claims or causes --
5 demands or causes of actions. So something like just
6 the lawsuit; is that your understanding?
7 A That's correct.
8 Q Okay. So the shares, the actual stocks are
9 still held or will always be held in the name of
10 Colleen Cooke, your mother, right?
11 A That's my understanding.
12 Q Okay. And the trades that are -- let me
13 start over.
14 The purchases and sales that are identified
15 on Schedule A, did your mother have any involvement in
16 ordering the purchases or sales that are identified in
17 Schedule A of the certification that you signed and
18 the assignment -- or in connection with the assignment
19 that she signed?
20 A I'm sorry, could you repeat that again?
21 Q Yeah, I know, that was long.
22 So the certification that you signed --
23 A Okay.
24 Q -- when we talked about the schedule that is
25 on the second page of that certification, with that
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1 schedule identifies two purchases and two sales. You
2 got that?
3 A I'm sorry.
4 Q Yeah.
5 A Did you say two purchases?
6 Q Yeah, you're looking at -- just to make sure
7 we're looking at the same thing, Schedule A --
8 A Okay.
9 Q -- which is the second page of the
10 certification. It identifies two purchases of AMC,
11 right?
12 A That's correct.
13 Q And right to the right of it, two sales of
14 AMC, right?
15 A That's correct.
16 Q Right. And I just want to confirm, as far
17 as -- as far as you are aware, your mother did not
18 have any involvement in ordering the purchases or
19 sales of these AMC shares that are listed on Schedule
20 A?
21 A That's correct.
22 Q Are you the only individual that was making
23 any of the trades on your mother's Robinhood account
24 or in -- I'm sorry -- in her account?
25 A Could you repeat that?
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1 Q Are you the only individual that was making
2 the decisions on any of the trades that were
3 undertaken in your mother's Robinhood account?
4 A That's correct, yes. I was the only one.
5 Q You were the only one.
6 Does -- and by that, no one else had log-in
7 information or the ability to make any instructions on
8 that account, on your mother's account in Robinhood?
9 A That's correct. No one was able to.
10 Q And do you know whether she authorized
11 anyone, other than you, to make any investment
12 decisions relating to that Robinhood account? Or was
13 that all you? You were the only one authorized by
14 her?
15 A I was --
16 Q Yeah, so you were the only one that she --
17 or that you are aware of, you are the only one that
18 she has authorized to make any of the trades in the
19 Robinhood account, right?
20 A That's correct.
21 Q Now, how did -- how did it come about that
22 you are undertaking her trades in the Robinhood
23 account? Did she ask you to do that? Did you ask to
24 do that?
25 A Could you repeat that?
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1 Q Yeah, how did it come about that you are
2 making the trades in your mother's name in the
3 Robinhood account?
4 A Could you clarify the question?
5 Q Sure.
6 A Okay.
7 Q Let me ask you: Did you ask her to open a
8 Robinhood account so that you could trade on her
9 behalf?
10 A That's correct.
11 Q Okay. And she did not ask you to open up a
12 Robinhood account to trade on her behalf. You are the
13 one who asked her?
14 A That's correct.
15 Q Did she ask you about any of the shares or
16 the stocks and the companies, you know, involved
17 before you made any orders to purchase a specific
18 stock?
19 A Can you repeat that again?
20 Q Sure. So for instance, with AMC stock, did
21 your mother ever talk to you about buying AMC stock?
22 A Like I said before, she's not really
23 interested in it, in looking into companies or
24 trading.
25 Q So it's fair then to say that before any of
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1 the transactions in the Robinhood account in her name,
2 that you did not have any discussions about the stocks
3 that were being purchased and sold?
4 A That's correct.
5 Q Okay. And that includes the fact that you
6 didn't have any discussions with her about any
7 specific company that was part of the shares that you
8 were purchasing and selling?
9 A Could you repeat that again?
10 Q And that would include the fact that you
11 were not talking to her about any of the companies?
12 A That's correct.
13 Q In -- okay -- in the shares that you were
14 buying, right?
15 A Yes.
16 Q So, for instance, if you were buying AMC,
17 you did not have any discussions with her about AMC
18 and -- right?
19 A That's correct.
20 Q Yeah. And the fact that you made all the
21 decisions and orders in her Robinhood account, is that
22 for the entire period of time that the account was
23 open until today?
24 A Can you repeat that?
25 Q So are you the one that made all the
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1 investment decisions in your mother's Robinhood
2 account since the time that it was opened until today?
3 A That's correct.
4 Q And you did not discuss with her any of the
5 investment decisions from the time the account was
6 opened till today?
7 A That's correct.
8 Q And that would include specifically any of
9 the transactions or trades in your mom's Robinhood
10 account in January and February of 2021?
11 A That's correct.
12 Q When did you first hear about a lawsuit
13 against Robinhood regarding any of the shares of these
14 Affected Stocks?
15 A Could you repeat that?
16 Q When did you first hear about this lawsuit
17 or a lawsuit against Robinhood in connection with the
18 shares, the affected shares?
19 A When I went onto the Rosen law website.
20 Like I said, I was just looking in regards to a law
21 firm that -- in regard to recovery, but that's -- when
22 I -- when I officially learned, it could be 2021.
23 Q In 2021. Do you remember what time period
24 in 2021?
25 A No, I don't recall.
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1 Q Okay. And at the time that you saw the
2 website, was there a lawsuit already filed, or were
3 there statements about the potential for a lawsuit? I
4 think I --
5 A I don't recall what I saw on the website. I
6 do recall there was a form that I -- yes, I don't
7 recall what I filled out, but I do know I -- I reached
8 out to them.
9 Q Just exploring that. You said you filled
10 out something. Do you know what you filled out? Was
11 that something online?
12 A That's correct. To get more information.
13 So I recall I wanted more information, and I clicked
14 on the form. And, yes, but I don't recall what day,
15 what month or -- yeah, so, I don't recall.
16 Q And the click, the box that you clicked, how
17 did you find that? Was that an advertisement on
18 something that you were on, or how did you come to
19 click on something for more information?
20 A I don't recall.
21 Q Could it have been an advertisement?
22 A I don't recall.
23 Q And what you clicked on for more
24 information, if I'm understanding correctly, you
25 correct me, is that it was not the Rosen firm, it was
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1 another law firm, or was it the Rosen firm that you
2 had clicked for more information?
3 A Yeah, it could be the Rosen law firm. I
4 don't recall a third-party site, I don't believe. So,
5 yes, I do recall dealing with the Rosen law -- the
6 Rosen law firm.
7 Q Prior to that, I guess, clicking on that
8 website for more information, had you seen any other
9 information online regarding this lawsuit or the
10 potential for a lawsuit?
11 A Not that I can recall.
12 Q And at the time that you communicated
13 through this website, do you know if the lawsuit -- a
14 lawsuit had been filed already or not?
15 A Could you -- I'm sorry, is there a way I can
16 take a bathroom break?
17 Q Oh, absolutely. You know what --
18 absolutely. Absolutely.
19 MR. DANON: You know, it's 12:15. I don't
20 know if we want to break here for 45 minutes or
21 something for lunch. I just propose that out
22 there. If that would --
23 MR. ROSEN: Yeah, that's fine.
24 MR. DANON: Okay.
25 THE VIDEOGRAPHER: We are off the record at
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1 12:15 p.m.
2 (Recess was taken.)
3 THE VIDEOGRAPHER: We're back on the record
4 at 1:02 p.m.
5 BY MR. DANON:
6 Q Ms. Bernard, I think we were talking about
7 the beginning of the lawsuit before we were -- or how
8 you got involved in the lawsuit before we broke for
9 lunch.
10 So -- and you recall that about reaching out
11 to the Rosen law firm, right?
12 A Could you repeat that again? I'm sorry.
13 Q I said, before we left on the break, I think
14 what we were discussing is how you first got involved
15 or became aware of the lawsuit, and some of the
16 contact that you had, at least the ability to reach
17 out online to the Rosen law firm. Do you remember
18 that?
19 A I do know we were discussing the -- getting
20 in contact with the Rosen law firm.
21 Q Yeah, and that's what I was -- we were
22 talking about you getting -- was that -- when you
23 reached out to them, was that the first time you
24 became aware of a potential lawsuit against Robinhood
25 in connection with the Affected Stocks?
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1 A So I was looking at the -- I saw it on their
2 website. I believe I saw it. I don't really recall
3 if -- could you clarify the question again?
4 Q Yeah, I was just saying, before we went on
5 the break, we were talking, I believe, right, we were
6 talking about how -- about awareness of the lawsuit.
7 And you were saying that you had gone online and had
8 asked for more information from the Rosen law firm.
9 A That's correct.
10 Q Okay. Did -- did your mother ask you to
11 reach out to the Rosen law firm for more information,
12 or is that something you did on your own?
13 A If she -- can you repeat that? I'm sorry.
14 Q Did your mother ask you to reach out to the
15 Rosen law firm for more information regarding a
16 potential claim against Robinhood?
17 A I let her know that I was going to reach
18 out.
19 Q Okay. So is it fair to say that she did not
20 ask you to do that?
21 A No.
22 Q Did -- did your mother express any interest
23 to participate in the lawsuit?
24 A She didn't disapprove. She was okay with
25 it.
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1 Q But did she want to individually participate
2 in it?
3 A If she wanted to be a part of it, or if she
4 wanted -- if she is okay if I did it on her behalf?
5 Q So, that's a good follow-up.
6 Did she -- was she interested in being a
7 plaintiff in the lawsuit?
8 A Not personally. She was okay with -- if I
9 did it --
10 Q Okay.
11 A -- on her behalf.
12 Q She was okay if you proceeded on her behalf,
13 but she did not want to participate in the lawsuit?
14 A That's correct.
15 Q Okay. Did she tell you why not?
16 A She -- it's something that she is not
17 interested in, and she didn't -- she didn't purchase
18 those stocks, so I did that on her behalf. She's not
19 interested in stock purchases or -- yeah, she's just
20 not interested.
21 Q And she -- so in addition to not being
22 interested in stock purchases or investing, she was
23 not interested in being a named plaintiff in a class
24 action?
25 A As well as purchasing the stocks itself, so,
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1 yes.
2 Q For instance, she was not interested -- as
3 far as you are aware, she was not interested in doing
4 what you're doing today, which is sitting for a
5 deposition in the case, right?
6 A That's correct.
7 Q Okay. Now, we talked -- Exhibit 100 was the
8 certification assignment that your mom had provided to
9 you. What -- what are you individually getting in
10 exchange for pursuing these claims?
11 A I'm not getting anything personally.
12 Q So if there's any money awarded in this
13 case, you are not getting anything individually?
14 A That's correct.
15 Q The assignment that's attached to or
16 included in Exhibit 100, whose idea was it to assign
17 your mother's claim to you?
18 A Could you repeat that?
19 Q So you've acknowledged that in Exhibit 1
20 there's an assignment where your mother signed, right,
21 assigning the claims to you, right?
22 A That's correct.
23 Q Okay. Whose idea was it to assign the
24 claims to you?
25 A Could you clarify that question?
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1 Q Well, did you come up with the idea of your
2 mother assigning the claims to you?
3 A I believe I did. It wasn't her idea to --
4 like I said, she's not interested in -- yes, so I
5 would have to say -- so, yes.
6 MR. ROSEN: And before we go any further,
7 Mr. Danon, please don't invade the
8 attorney-client privilege with any questions that
9 are either directly or indirectly intended to
10 elicit the substance of any communications
11 between Ms. Bernard and her attorneys.
12 MR. DANON: I -- as I've said repeatedly, I
13 am not going to ask anything into -- that would
14 invade the attorney-client privilege, and I don't
15 believe the question I asked actually invaded the
16 attorney-client privilege.
17 MR. ROSEN: I didn't say you did, but --
18 MR. DANON: I think if you want to tell
19 her --
20 MR. ROSEN: Your follow-up question may go
21 there, so I'm just asking you to --
22 MR. DANON: Okay, you are anticipating.
23 Come on.
24 MR. ROSEN: Correct.
25 MR. DANON: Let me get the question out.
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1 BY MR. DANON:
2 Q So my question really is, you know, how did
3 it -- how did the idea of an assignment come about?
4 Was that something that you asked -- you proposed to
5 your mother, and she was okay for it? Is that
6 something --
7 MR. ROSEN: Objection. She just answered
8 that question. She just answered that question.
9 How many times do you want to ask the same
10 question?
11 BY MR. DANON:
12 Q Can you answer the question, please?
13 A Yes, so I would have to get her permission,
14 and since I was the one who traded on her behalf
15 and...
16 Q I just want to make sure you finished the
17 response.
18 A Yes, I'm finished.
19 Q And, by that, you are saying you proposed
20 the assignment to her; is that right? That's what I
21 am trying to understand.
22 A That's correct.
23 Q Okay. Had you ever before signed or had her
24 assign over to you any claims?
25 A No.
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1 Q So prior to this certification and
2 assignment that was signed on November 29, 2021, she
3 had not assigned any rights or claims to you in any
4 other matter or dispute?
5 A That's correct; no, she never had before.
6 Q And prior to that assignment being assigned
7 on November 29, 2021, had you ever read about any
8 assignments of claims or had an understanding that she
9 could assign any claims to you?
10 A I don't recall, but I -- I don't recall.
11 Q Okay, so you don't recall ever hearing of
12 any assignment of claims, outside of this context,
13 before the November 29, 2021 assignment?
14 A Could you repeat? Sorry.
15 Q I just want to make sure, based on your
16 testimony, you had never heard or had not been aware
17 of an assignment or the ability to have someone assign
18 claims to someone else before you signed this
19 assignment?
20 MR. ROSEN: She didn't sign -- she didn't
21 sign it. Somebody else signed it.
22 MR. DANON: That's right.
23 BY MR. DANON:
24 Q Your mom signed it. Here's the question:
25 Before she signed this assignment, you asked her about
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1 it. Had you ever heard of an assignment of claims?
2 A No.
3 Q So this is the first time, you know, you
4 were ever involved in an assignment of claims, where
5 she had assigned to you certain claims, right?
6 A That's correct.
7 Q Okay. And you said you asked her about it,
8 and I was just trying to ask you about where you got
9 the idea to ask her --
10 MR. ROSEN: Objection. Look, this is the
11 fifth time she answered this question. You keep
12 trying to get to some attorney-client privileged
13 information. So --
14 MR. DANON: Mr. Rosen --
15 MR. ROSEN: No.
16 MR. DANON: -- I'm not getting into
17 attorney-client privilege.
18 MR. ROSEN: You are. You are.
19 MR. DANON: No, if she can say -- if she can
20 answer around it --
21 (Simultaneously speaking.)
22 MR. DANON: -- talking over each other is
23 not going to work. You can't -- if you want to
24 instruct her not to answer, instruct her not to
25 answer.
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1 MR. ROSEN: I'm instructing you. I'm
2 instructing you, Mr. Danon.
3 MR. DANON: You are not instructing me at
4 all, Mr. Rosen, you really aren't. You can
5 instruct her not to answer, based on privilege,
6 if you have that assertion. If she can answer
7 the question without disclosing any privilege,
8 she can do that, and you can't interrupt and stop
9 her on that.
10 BY MR. DANON:
11 Q Sorry about that, Ms. Bernard.
12 So the question is, prior -- or how did you
13 come up with the idea to ask your mother to sign this
14 assignment?
15 A So what happened was I reached out to -- I
16 did let her know that I was going to reach out to --
17 to the Rosen law firm. And so I didn't know much in
18 regards to the legal aspect of it, so I did -- I
19 did -- spoke to someone at the law firm, but that's
20 client privilege, I believe.
21 Q You cannot tell me what you spoke --
22 A That's correct, so I can't really --
23 Q Okay, that's fair.
24 So can you -- and here's my follow-up, just
25 to be clear on the record. You cannot answer that
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1 question without getting into conversations that you
2 had with your lawyer; is that right?
3 A That's correct.
4 Q Okay, thank you very much. Thank you.
5 So now I would like to mark what's Exhibit
6 101, which is a certification that was signed
7 yesterday.
8 Are you aware that -- you are, you said
9 already, you signed a certification yesterday, right?
10 A That's correct.
11 Q Okay. And that also included an assignment,
12 correct, that your mom signed, not you. That your mom
13 signed a new assignment?
14 A That's correct.
15 Q Okay. And that is on the Exhibit Share, so
16 refresh, or unless you have a hard copy, and Mr. Rosen
17 confirms that that's the hard copy, and she can look
18 at it. I'm okay with that too.
19 A I'm able to see it on the website.
20 (Exhibit 101 marked.)
21 BY MR. DANON:
22 Q Okay. Good.
23 Do you know -- just if you can point me to
24 what is different about the first page of Exhibit 101,
25 from the certification that was Exhibit 100, that was
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1 dated November 29, 2021?
2 A One of the differences is Nokia stock was
3 added.
4 Q Okay, and that would have been added to the
5 schedule that's attached -- or the second page of the
6 exhibit, right?
7 A Could you repeat that? I'm sorry.
8 Q That is added to Schedule A, which is the
9 second page of Exhibit 101; is that correct?
10 A That's correct.
11 Q Is there anything in the written portion of
12 the certification that's on page 1, that you recall
13 was different in the April 4th, 2023 certification
14 from the November 29 --
15 MR. ROSEN: Do you have that document in
16 front of you, Ms. Bernard, the other document?
17 Because he is asking you to compare one document
18 to the other, and you can see what the
19 differences are.
20 MR. DANON: This is -- I'm asking her
21 questions and you interrupting and coaching her
22 is not going to be helpful.
23 MR. ROSEN: No, I just think if you ask her
24 to compare two documents, ask her what the
25 difference is between two documents, she should
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1 have the two documents in front of her.
2 (Simultaneously speaking.)
3 MR. ROSEN: Are you going to let me speak?
4 If you are not going to let me speak, we can't go
5 forward.
6 MR. DANON: We can go forward --
7 MR. ROSEN: If you are going to ask her to
8 compare two documents, put the two documents in
9 front of her. It's that simple. Otherwise, she
10 can't -- how is she going to remember what the
11 document says?
12 MR. DANON: I think you are very familiar
13 with the rules on depositions, and I think that
14 you know that if you --
15 MR. ROSEN: I just told you what I would
16 like to see --
17 (Simultaneous speaking.)
18 MR. DANON: And you are -- you are not in
19 compliance with the rules.
20 MR. ROSEN: I don't care what you think. I
21 want her to have available the documents that you
22 are questioning her about. You are questioning
23 her about the documents. She should have that in
24 front off her. And she should have those
25 available. That's all.
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1 BY MR. DANON:
2 Q Ms. Bernard, do you recall any specific
3 changes to the words of the certification that you
4 signed yesterday, DocuSigned, and any words that were
5 different from the document that you signed on
6 November 29, 2021?
7 A I don't recall any differences in the
8 wording.
9 Q Okay. Can you turn to paragraph 4. And now
10 I'd like you to look at paragraph 4 of Exhibit 101,
11 and you can read that to yourself. And you'll let me
12 know when you are finished on paragraph 4 of the one
13 you signed yesterday.
14 A When you say "paragraph 4," do you mean
15 number 4 that's listed?
16 Q Yes, paragraph number 4, that's right.
17 A Okay.
18 Q Yeah. It reads: "The following is a list
19 of all of the transactions plaintiff has made in the
20 Affected Stocks during the class period set forth in
21 the consolidated Complaint."
22 And then colon, "see Schedule A." Do you
23 see that?
24 A Yes, I do see that.
25 Q And did I read that accurately?
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1 A Yes, that's correct.
2 Q Okay, now, if you go back to the November 29
3 certification that's dated -- or that was Exhibit 1,
4 and you go to the same paragraph, is the -- is there
5 any language that is different, upon reading paragraph
6 number 4 of the November 29, 2021 certification?
7 A Yes, I do see a difference, how it's worded.
8 Q So you -- okay. And do you have any
9 understanding as to why that language was changed?
10 A Why it was changed?
11 Q Yeah, do you know?
12 MR. ROSEN: Objection. I'm not going to --
13 I am going to tell her not to say anything about
14 the conversation she had with her lawyer who
15 drafted the certification for her. So she's not
16 going to discuss those conversations or
17 understandings that she got from her lawyers in
18 those discussions.
19 BY MR. DANON:
20 Q And just to be clear, I don't want you to
21 answer anything that would come from your
22 conversations with the lawyers.
23 A Okay.
24 Q My question is: Do you -- you know, do you
25 know why that language changed, and if you can't
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1 answer that without divulging what your lawyers had
2 told you, then let me know that, and we'll move on.
3 A Okay. Client privilege.
4 Q Okay. Now, on the -- comparing the
5 schedules that were on Exhibit 1 and Exhibit 2, the
6 schedules that identify the purchases and sales are
7 different, right?
8 A That's correct.
9 Q Yeah. And you can confirm the difference is
10 that there's more information about purchases and
11 sales of the AMC stock, and there's the addition of a
12 sale of Nokia stock; is that correct?
13 A That's correct.
14 Q Okay. And same question that I asked before
15 about what was your understanding as to why the
16 schedule was changed, and the same, you know, caveat
17 on the condition of -- you know, do not testify as to
18 anything that your lawyers have told you.
19 A Okay. Client privilege.
20 Q Okay. Now, I think we have to mark it as
21 Exhibit 102, which is an assignment signed by your
22 mother on April 4, 2023. That's yesterday. And
23 that's going to be uploaded and maybe you have to
24 refresh to see it.
25 (Exhibit 102 marked.)
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1 BY MR. DANON:
2 Q Let me know when it's up and you can see it.
3 A Okay, I'm still waiting on the page.
4 Q You're still waiting? Okay.
5 A That's correct.
6 Q Yeah, it should be up. I don't know. Do
7 you have a hard copy of the new assignment? I think
8 there was one there earlier.
9 A Okay, so I do see it.
10 Q Okay, perfect. Perfect.
11 And you recognize this as the assignment
12 that was signed yesterday and provided to us; is that
13 correct, Exhibit 102?
14 A That's correct.
15 Q Okay. And in this updated assignment, your
16 mom is now assigning all claims related to a number of
17 additional stocks other than AMC. So there's Bed Bath
18 & Beyond, BlackBerry Express, Inc., GameStop, Koss
19 Corp, Tootsie Roll Industries, or Nokia and Trivago.
20 Do you see that?
21 A Yes, I do see that.
22 Q And other than AMC Holdings, those other
23 stocks identified there and symbols, they were not
24 part of the first assignment, correct?
25 A Are you asking me if they are different from
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1 the previous certification?
2 Q Correct.
3 MR. ROSEN: Yeah.
4 BY MR. DANON:
5 Q Yeah, the previous assignment that was part
6 of Exhibit --
7 MR. ROSEN: It's on the back of the first
8 certification. There is a first certification
9 and the first assignment, and the second
10 certification and second assignment from
11 yesterday.
12 THE WITNESS: Okay, so I do see the
13 difference.
14 BY MR. DANON:
15 Q Okay. And the difference being the
16 additional stocks that are listed, right?
17 A And the -- removed. I would say removed.
18 Q From the assignment? Okay.
19 What did -- what do you believe from the
20 stocks was removed from the original assignment that
21 was in the second assignment? And just so you know,
22 I'm missing that. That's why. My question -- let me
23 rephrase the question.
24 The first assignment only included the AMC
25 entertainment holdings. That's the November 29, 2021
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1 assignment.
2 The assignment that your mom signed
3 yesterday included AMC, and then additional stocks,
4 including Bed Bath & Beyond, BlackBerry, GameStop,
5 Koss, Tootsie Roll, Nokia, and Trivago; is that
6 correct?
7 A Can you clarify the question? Clarify the
8 question.
9 Q Sure, sure.
10 The assignment that your mother signed on
11 April 4, 2023, included more stocks than the
12 assignment she signed on November 29, 2021; is that
13 correct?
14 A Do you mean the -- the stocks that -- do you
15 mean the -- the "note" that was added to the AMC, or
16 do you mean the --
17 Q Let me help you a second.
18 A Okay.
19 Q We're looking at just the assignment, right?
20 A Okay.
21 MR. ROSEN: Are you back to Exhibit 102 now?
22 MR. DANON: 102, just the language of the
23 assignment, Exhibit 102. Not the schedule. We
24 already talked --
25 THE WITNESS: Okay.
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1 BY MR. DANON:
2 Q So the question is, in that assignment, and
3 in the language of the assignment, which is in Exhibit
4 102, which is the one that was signed yesterday, that
5 in addition to AMC, it also identifies and lists Bed
6 Bath & Beyond, BlackBerry, Express, Inc., GameStop
7 Corp, Koss Corp, Tootsie Roll Industries, Nokia, and
8 Trivago; is that correct?
9 A That's correct.
10 Q Okay, and so those stocks were added from
11 the prior assignment, which was in Exhibit 1, which
12 only listed AMC.
13 A That's correct.
14 Q Okay. But when you look at Schedule A of
15 Exhibit 101, and I just want to make clear, that your
16 claims, your mother's claims in this case, only have
17 to do with AMC and Nokia stock. Is that your
18 understanding?
19 A Could you clarify that?
20 Q Is it your understanding that the only two
21 stocks that are asserted as part off your mother's
22 claim here are the AMC and Nokia stock?
23 A That's correct.
24 Q And do you know why the Nokia stock and the
25 Nokia claims were not included in the November 29,
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1 2021 assignment?
2 A Client privilege. I discussed it with the
3 attorneys.
4 Q At the time that you signed the
5 certification in November of 2021, and that your mom
6 signed the first assignment, did you and your mom
7 discuss the assignment of Nokia shares, the -- any
8 claims regarding the transactions over Nokia claims?
9 A I don't recall. We don't -- I don't recall
10 discussing much in regards to trades made. I don't
11 recall that discussion.
12 Q You testified earlier that you are the one
13 that logs into your mother's Robinhood account; is
14 that right?
15 A That's correct.
16 Q And when you're logging into her account, do
17 you use the Robinhood app?
18 A That's correct.
19 Q Okay. And can you tell me what features of
20 the Robinhood app that you use? And do you understand
21 what I mean by "features"? Any sort of lists that
22 they provide, any company-specific information, any
23 news, do you use any of those?
24 MR. ROSEN: Is there a time frame for this
25 question?
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1 BY MR. DANON:
2 Q At the time that you were making any trades
3 on your mother's Robinhood account.
4 A I don't recall.
5 Q Have you ever used it? You don't -- just to
6 be clear, you don't recall ever looking or using any
7 of the features in the Robinhood account?
8 A I mostly -- I don't recall. I do know the
9 buy and the sell button, that's what I mostly recall,
10 but I don't recall where I scrolled, where I looked on
11 the app in terms of features that they might have on
12 there, I just don't recall.
13 Q Okay. So -- okay. And just to be clear on
14 that answer, you don't recall what features -- well,
15 let me ask you.
16 Do you recall here, sitting here today, any
17 of the specific features on the app?
18 A That's correct, I don't recall.
19 Q You don't recall?
20 A That's correct.
21 Q Do you know whether on the app you can
22 obtain any news or specific information about a
23 company before you order a transaction on a share?
24 A Could you repeat that?
25 Q Do you know, sitting here today, whether or
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1 not there is any information on the app about a
2 company or about any news about a company prior to you
3 putting in any orders, any buy-sell orders?
4 A I don't remember. I -- like I said, I
5 mostly just know about the buy and sell button. I
6 might have but I don't -- I just don't remember. I
7 just don't.
8 Q Okay.
9 A That's correct.
10 Q You also identify that your mother had a
11 Stash account, right?
12 A That's correct.
13 Q And, similarly, you are the individual who
14 logs into that account?
15 A Yes, that's correct.
16 Q And did you make any trades on or in that
17 Stash account during January or February of 2021?
18 A I don't recall. I barely used the account.
19 I don't recall. I might have did the sell, but I
20 don't recall. It's mostly for long-term, so I don't
21 recall.
22 Q And what you are saying, mostly what you are
23 saying that account is long-term, you are not active
24 on the account on a regular basis?
25 A That's correct.
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1 Q Did -- did your mother have any other
2 brokerage accounts other than these two --
3 A No.
4 Q -- that we identified, the Robinhood and the
5 Stash?
6 A No.
7 Q And I think you said this before, but you
8 didn't have any investment accounts in your own name,
9 ever, right?
10 A That's correct.
11 Q And when the Stash account was opened, did
12 you also fill out the account-opening information and
13 provide the information that was necessary, on behalf
14 of your mother?
15 A Could you repeat that?
16 Q For the opening of the Stash account, did
17 you also provide the account-opening information that
18 was required?
19 A I don't remember that -- what happened when
20 I was opening the account or what was required, or --
21 but I was involved. I do know that.
22 Q You were involved. You are just not --
23 A Yeah.
24 Q -- you don't recall what specifically it
25 took --
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1 A That's correct.
2 Q -- or what you had to do.
3 But do you recall whether your mother got
4 online and filled out the information, or was that
5 really you that filled out the information?
6 A Could you repeat that?
7 Q I'm saying, you don't recall specifically
8 what information was provided or the specific
9 information, but when you opened the account, was that
10 something that you did yourself, or did your mother
11 do, open the account herself?
12 A I do know that I assisted. I don't know how
13 much of a part she played, if it was just the
14 information I took from her, or what was -- so I don't
15 know exactly what role she played in opening the
16 account, if I needed -- I just don't recall what I --
17 what information I got from her, or what she -- she --
18 in signing up for the account.
19 Q Thanks.
20 Has -- has your mother ever hired an
21 investment advisor or a financial advisor to assist
22 with any trades?
23 A No.
24 Q Have you hired any investment advisor or
25 financial advisor to provide assistance or any
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1 services in connection with any trades that you
2 directed on her behalf?
3 A No.
4 Q So, Ms. Bernard, how much -- how much time
5 do you spend investing and in decisions on buying and
6 selling shares? And let's try to put it into like a
7 daily, weekly, or monthly category.
8 A Maybe daily. Do you mean back then or do
9 you mean --
10 Q Well, I was going to ask you generally
11 now --
12 A Oh, generally.
13 Q -- and then any between now and January,
14 February of 2021.
15 A I don't remember in regards to 2021, how
16 often I traded. Presently, I don't -- it might have
17 been daily, but I do skip days, so it's not -- it
18 doesn't have to be every day. But I do trade.
19 Q Okay. So -- and when you're -- currently,
20 let's say, when you do invest, does it take up, you
21 know, more than a couple of hours, three hours? How
22 much in the day do you -- does it take?
23 A I don't recall how long. I just know that I
24 traded.
25 Q Okay.
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1 A I don't really calculate.
2 Q How long?
3 A That's correct.
4 Q And is that different from the level of
5 activity that you had trading in January of 2021?
6 A No, I don't recall. I don't know. I don't
7 recall.
8 Q In January of 2021, were you more active?
9 Were you trading every day for a period of time? Or
10 would you say it's the same as maybe every other day
11 or --
12 A I don't recall. I do know that I was
13 trading -- I don't know how much I -- I don't recall,
14 honestly.
15 Q Okay.
16 A I don't.
17 Q Would it -- would you, in trying to kind of
18 remember, was it more active in January of 2021?
19 MR. ROSEN: Mr. Danon -- Mr. Danon, she has
20 answered this question about eight times.
21 (Simultaneously speaking.)
22 MR. ROSEN: Let me explain to you --
23 Mr. Danon, may I speak?
24 MR. DANON: If you have an objection you can
25 assert the objection.
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1 MR. ROSEN: So you asked --
2 MR. DANON: But coaching, no.
3 MR. ROSEN: This is not a coaching session.
4 This is an explanation to you.
5 First, you shouldn't ask the same question
6 ten times, which you've done. Right?
7 Number two, your client has access to every
8 key stroke that she has made in that Robinhood
9 account since the day she opened it.
10 MR. DANON: Now you are testifying,
11 Mr. Rosen, so I am going --
12 (Simultaneously speaking.)
13 MR. ROSEN: -- or harass her. She answered
14 the question ten times, so I will ask you to try
15 to be professional. You have been doing this for
16 a long time. You should know better.
17 MR. DANON: You know --
18 MR. ROSEN: Don't ask her the same question
19 ten times.
20 MR. DANON: The person who needs some
21 professionalism here is on your part on how you
22 interrupt improperly. So let's leave it at that.
23 BY MR. DANON:
24 Q Ms. Bernard, you understood the question.
25 Do you recall whether you were more active in your
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1 activities on trading in that Robinhood account of
2 your mom's in January of 2021, than you are currently?
3 A I don't recall.
4 Q Okay. When you do invest, do you undertake
5 any research in the specific share that you are
6 looking to put in an order, either purchase or sale
7 on? Do you undertake any research?
8 A Do you mean today or back then?
9 Q Well, let's talk about both. Today, when
10 you are looking to buy or sell any stock, do you
11 undertake any research into the company?
12 A Personally, yes, I do. I try my best to --
13 that's correct, I do.
14 Q And what is it that you do? What do you
15 typically do for research?
16 A I mostly look at news, business news on a
17 company, like if there is any news, positive news
18 that -- out there in regards to a company, it could be
19 whether they have any product out or -- so based on
20 positive news. So that's what I mostly seek out.
21 Q And is there any specific news source that
22 you like to look at?
23 A I don't recall much of -- I do, when I
24 search -- Yahoo -- maybe Yahoo business, but another
25 website is the FDA website. So I -- maybe other
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1 websites, but I don't recall any at this moment.
2 Q Okay. Now -- yeah, go ahead.
3 A Oh, yes. Other website that might have news
4 on companies that does news -- has news of the
5 companies, whether they maybe partake in a trial, or a
6 buyout, stuff like -- just news that comes in with
7 regards to a company.
8 Q And the news that comes in would be -- this
9 is mainly online searches?
10 A Can you clarify? Sorry about that.
11 Q You said you searched online. Did you do
12 any searches, or were you reading Yahoo Finance?
13 A So I might have searched in, like, FDA
14 approvals in the search browsers or in a particular
15 site where they give you the news that comes in in
16 regards to different businesses, and news, whether
17 good or bad. And that's about it.
18 Q And going now to January of 2021, and the
19 beginning of February of 2021, did you undertake any
20 specific news search regarding any of the investment
21 decisions that you were taking in your mom's account?
22 A So I was pretty new at the time, but I -- so
23 I don't recall what I did, what I might have looked
24 for. I don't know where I went to. I don't know what
25 I -- what -- I don't recall what I did at the time.
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1 Q Okay. And so in connection with the AMC
2 stock or the Nokia stock that -- and the purchase and
3 sales that are identified in the new certification
4 that's Exhibit 101, you do not recall any specific
5 research that you undertook prior to any of those
6 orders for purchases or sales; is that right?
7 A Can you repeat?
8 Q I'm saying, when going specifically to the
9 list of purchases and sales on Schedule A of Exhibit
10 101, do you understand what Exhibit 101 -- do you
11 remember what that was? That was the certification
12 that you signed yesterday.
13 A That's correct.
14 Q Okay. And you know that in that schedule
15 there are a list of purchases and a list of sales,
16 correct?
17 A That's correct.
18 Q Okay. And so based on what you testified,
19 and that's what I just want to get clarification on,
20 based on what you testified, you do not have any
21 recollection of any research that you undertook before
22 ordering any of the purchases or sales that are shown
23 on Schedule A of Exhibit 101?
24 A Yes, I don't recall what information I might
25 have received, or what I searched. I just don't
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1 recall. I just know that I'm familiar with the
2 companies. They were popular at the time. And I --
3 but I don't know what I searched for, or what
4 information I had at the time. I don't recall.
5 Q Do you recall seeing any statements from the
6 companies? In other words, any of their websites, or
7 anything that they may have filed publicly, talking
8 about any of their sales history, products?
9 A I don't recall.
10 Q When you search, and -- going back to your,
11 like, currently -- when you do some of this research,
12 do you retain any copies of the research?
13 A No.
14 Q That was "no"?
15 A That's correct.
16 Q Okay. Did you -- do you recall during --
17 going back to January 2021 and early February -- do
18 you recall, at any time during the January 2021 or
19 February 2021 period, discussing with your mother any
20 research regarding AMC or Nokia?
21 A No. No, we didn't discuss. No.
22 Q Do you, when you're making a decision on an
23 order, do you look at how the stock price has moved
24 within any specific period of time?
25 MR. ROSEN: Objection. Vague.
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1 BY MR. DANON:
2 Q You can answer.
3 A Could you repeat?
4 Q Do you, when you're making a decision to put
5 an order for purchase or sale, do you look at the
6 stock price of that company and that symbol and
7 whether it has moved up or down over time?
8 A Could you clarify?
9 MR. ROSEN: Up and down over what period of
10 time? The day, the week, the year? Obviously,
11 stock prices move up and down, Mr. Danon.
12 MR. DANON: Mr. Rosen, again, if you have an
13 objection, you can state it.
14 MR. ROSEN: My objection is to the way you
15 ask questions.
16 MR. DANON: You can state --
17 MR. ROSEN: That's my objection.
18 MR. DANON: -- your objection and we'll move
19 on. Okay? You can state your objection and
20 we'll move on.
21 BY MR. DANON:
22 Q Ms. Bernard, when you are making a decision
23 on ordering a purchase or sale, do you look at what --
24 how the price of the stock in which you are making
25 that order has moved, whether it has increased or
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1 decreased over any period of time prior to your order?
2 A I don't recall doing that. I don't recall.
3 Q Okay, you don't recall ever looking at the
4 history of the price of a stock immediately --
5 A That's correct.
6 Q -- prior to your order; is that right?
7 A That's correct. That's correct. I don't
8 recall.
9 Q Do you know how you could find that
10 information if you wanted it?
11 A Could you repeat that?
12 Q Do you know how you could find the price
13 history of a specific stock prior to your decision to
14 place an order, if you wanted that information?
15 A I believe it to be online, but I don't
16 recall if I even searched online. I don't recall if I
17 did that. I don't.
18 Q And whether you recall you did it
19 specifically for this stock or not, I guess my
20 question is more general.
21 Do you know where you would go online to get
22 that price history?
23 A It should be able to search in the search
24 engine, and you should be able to have a -- reputable
25 websites that may give you that information. I don't
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1 have a specific website in mind or a specific place,
2 but it should be there.
3 Q And do you recall ever doing that for any
4 stock, not the specific stocks I mentioned, but do you
5 ever recall looking for price history for any stock?
6 A I don't recall.
7 Q Do you look at any, or follow any social
8 media about any specific stock immediately prior to
9 you placing an order to purchase or sell?
10 A I don't recall. Do you mean today or
11 previous to 2021?
12 Q Let's start with 2021, January or February
13 of 2021.
14 A I don't recall.
15 Q Okay, and what about currently?
16 A Currently, there's only one that I might
17 follow, just one account. It's...
18 Q And what account is that?
19 A Well, it would be a moon market, I believe,
20 that's -- but I don't really -- I just follow. I
21 don't really look at the Twitter, its Twitter feed.
22 So I just -- I might look now and then, but it doesn't
23 really have much influence on me.
24 Q So it doesn't have much importance to you --
25 A That's correct.
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1 Q -- but you follow it?
2 A That's correct.
3 Q And other than Yahoo news, is there any
4 other, let's say, periodical, news source that you
5 look at for information regarding the stock market,
6 any newspaper, for instance, or magazines, anything
7 along those lines?
8 A No newspaper. It would have to be online.
9 I don't remember the website. I do remember there are
10 a couple of websites, but I don't recall any of them.
11 Q Okay. Like Wall Street Journal. CNBC.
12 Anything along those lines?
13 A Well, they could pop up in -- but I don't
14 recall.
15 Q Do you maintain any apps on your phone of
16 news -- news sources that are on the stock market?
17 A No.
18 Q And I'm going to -- just to clarify the
19 record, based on that, you don't subscribe to any
20 financial magazines or other periodicals that --
21 A No.
22 Q -- provide information online?
23 A No, I don't subscribe to any.
24 Q What was that again?
25 A No, I don't subscribe to any.
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1 Q Okay, thank you.
2 Do you follow any specific podcasts that you
3 would listen to, either about the stock market and/or
4 investing?
5 A I don't listen to any podcast.
6 Q Any podcast whatsoever?
7 A That's correct.
8 Q All right. Any television shows on the
9 stock market or investing. Do you watch any of those,
10 any specific one?
11 A No, I only watch -- I am aware that they are
12 there, but I don't watch them.
13 Q Okay.
14 Now, you are or you do use Twitter, right?
15 A That's correct.
16 Q And your handle is at -- is is
17 that correct?
18 A That's correct.
19 Q Are you also on social media, like Facebook,
20 Reddit, Instagram, TikTok?
21 A Do you mean currently or previously?
22 Q Both. Are you currently on any, and then
23 were you on any in -- well, let's start with that
24 first. Let's break it down so it's not together.
25 Currently, are you on any other social
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1 media, other than Twitter?
2 A Only YouTube and Twitter.
3 Q Only YouTube and Twitter.
4 Back in January of 2021, and February of
5 2021, you were on Twitter, right?
6 A That's correct.
7 Q Okay. Other than Twitter, were you on any
8 other social media back in 20 -- in January and
9 February of 2021?
10 A No, only Twitter.
11 Q And did you -- during January and February
12 of 2021, did you follow any other social media
13 platform other than -- other than Twitter for any
14 information regarding your investments?
15 A Could you repeat that?
16 Q Other than --
17 A Okay --
18 Q -- Twitter back in January of 2021 and
19 February of 2021, did you follow any other social
20 media?
21 A No, just Twitter.
22 Q Just Twitter, okay.
23 Have you ever traded any options?
24 A Hmm --
25 Q Yeah, whether you -- do you do any trading
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1 other than the purchase and sale of stocks?
2 A You mean, apart from the stocks? Maybe
3 crypto currency, but I don't know if anything else.
4 That's the stocks that I know that I traded mostly.
5 Q Okay. And these, the crypto is also traded
6 on behalf of your mother in her account?
7 A That's correct.
8 MR. ROSEN: So we've been going about an
9 hour. Can we take a break at a logical stopping
10 point?
11 MR. DANON: We can stop right now.
12 MR. ROSEN: Okay.
13 MR. DANON: We can take a --
14 MR. ROSEN: All right.
15 MR. DANON: We can do five, ten minutes?
16 MR. ROSEN: Yes. So we'll come back at
17 2:10.
18 MR. DANON: 2:10. Sounds good.
19 THE VIDEOGRAPHER: Okay. Off the record at
20 2:01 p.m.
21 (Recess was taken.)
22 THE VIDEOGRAPHER: We are back on the record
23 at 2:12 p.m.
24 MR. DANON: Thank you.
25
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1 BY MR. DANON:
2 Q Ms. Bernard, do you still today use the
3 Robinhood app to --
4 A Yes, I do.
5 Q Okay. And have you continued to use the
6 Robinhood app from January, February 2021 through
7 today on a regular basis?
8 A That's correct.
9 Q And you had mentioned YouTube as one of the
10 other social media sources. Do you post anything on
11 YouTube?
12 A No. No, I don't.
13 Q Do you have a YouTube account or handle?
14 A I didn't have any YouTube in 2021 -- 2021,
15 but currently I do. I don't have that information,
16 that handle.
17 Q Do you recall when you established that
18 handle on YouTube?
19 A I believe it was 2022.
20 Q Sometime in 2022 --
21 A That's correct.
22 Q -- do you recall the time frame? Okay.
23 A I only watch videos. I don't post.
24 Q You watch the videos on YouTube, is what you
25 are saying?
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1 A Yes, that's correct. Animal videos.
2 Nothing in regards to -- yes, that's correct.
3 Q Okay. When you're in -- investing, what is
4 your goal in investing? What is your ultimate goal?
5 A To gain from the stock I purchased, gain
6 money from it. That's the main goal, to gain, not to
7 necessarily lose. That's the main...
8 Q And are you familiar with the company called
9 GameStop? That's one of the Affected Stocks listed in
10 the Complaint.
11 A Yes, I do.
12 Q When you're -- going back to that, when
13 you're looking at, obviously, your ultimate goal to
14 earn money, do you look at any levels of risk with the
15 investment that you're making?
16 A Could you clarify?
17 Q Well, do you consider, when you're making
18 the investment to purchase or sell any stock, what the
19 risk might be of you ultimately losing money on that
20 stock?
21 A Yes, there's always the option that that
22 could happen.
23 Q Okay. And do you take that risk into
24 consideration when you are deciding to purchase a
25 stock?
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1 A That's correct.
2 Q Okay. And what considerations do you look
3 into, or take into account in order to make sure that
4 that is a level of risk that you're willing to take
5 when you purchase a stock?
6 A Could you clarify?
7 Q Yes. So what you're saying, you understand
8 there is a risk when you purchase a stock, right?
9 A That's correct.
10 Q Do you do any sort of analysis, by looking
11 at information, to determine whether a stock is a
12 risky investment for you individually or your mom
13 individually, right? Because you're investing for
14 your mom.
15 A You mean today or back in 2021?
16 Q Well, let's talk first about 2021, 2022.
17 Did you do any sort of analysis to analyze the level
18 of risk associated with the purchase of any stock?
19 A I don't recall. I generally don't recall.
20 I might have done that, but I don't -- I can't say,
21 yes, I 100 percent remember. I just don't recall.
22 Q And what about currently? Do you do
23 anything to weigh the level of risk associated with
24 the purchase of the stock today?
25 A What specifically I do? I'm sure there's
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1 not a company that's -- I don't even -- can you
2 rephrase -- rephrase the question?
3 Q Sure. Do you under -- currently, right,
4 we're currently, do you undertake any analysis to
5 evaluate the risk associated with your decision to
6 purchase any specific stock?
7 A Can you clarify again? I do apologize.
8 Q You -- like we talked about it, you agree
9 there's a level of risk that goes with a purchase of a
10 stock, right?
11 A That's correct.
12 Q And there are -- I'm trying to see what you
13 do, if anything, to analyze the level of risk that you
14 see when you're making a decision to purchase a stock.
15 A Do you mean what I do to ensure that the --
16 that the loss might -- to ensure that I don't lose
17 money --
18 Q Well --
19 A -- on a stock?
20 Q -- that you do not to lose money, what you
21 do today.
22 A I try to ensure that -- well, I try to my
23 best to make sure it's a good company I'm investing
24 in, that -- their potential of growth. I do believe
25 that's a part of it.
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1 Q And just going back to this, I understand,
2 right, you just said it, you're making these decisions
3 with the ultimate goal of earning some money. You're
4 not looking to lose money.
5 A That's correct.
6 Q So since you're not looking to lose money,
7 my question was: What was it that you do, if
8 anything, to, you know, analyze whether that risk
9 associated with, you know, the potential to lose money
10 is something that is acceptable to you in making that
11 decision?
12 A I look to see -- well, basically to ensure
13 it's a good company, with positive perspectives. I
14 can see how their investors wanted to buy stock in,
15 and it's not something that might -- might drop in
16 price because it's a -- it's a good company and -- for
17 the most part, so that's what I --
18 Q Okay. And that's what you do currently,
19 right, to make sure we have it in the same time frame?
20 A That's correct, currently.
21 Q Back in January of 2021, 2022, did you do
22 anything that would be -- that was similar to what you
23 are doing currently, or was it a different approach?
24 A I don't recall what I did, what I looked at,
25 what I -- I just don't remember, recall.
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1 Q And now, you know, what you've said about
2 what you do currently in trying to identify what, you
3 had said, one is if other investors were investing.
4 How do you -- how do you find out if other investors
5 are investing?
6 A Well, like the potential to see that others
7 might be interested, like, for instance, like if --
8 like, for instance, like if there's a virus or so, and
9 there's a -- and vaccines are needed, then you will
10 know that there will be a demand for testing kits, or
11 stuff like that, so you know it could drop popularity
12 from other traders, because there will be a demand for
13 the product. So stuff like that, I look at, things I
14 know that -- consumers would be drawn to and other
15 stockholders would be thinking the same way like I am
16 thinking with regards to the company will do well
17 because they created a product that is desperately
18 needed, and -- so that's...
19 Q That's what you undertake? I just want to
20 make sure the answer was completed. I didn't want to
21 cut you off.
22 A No, that's okay. I'm finished.
23 Q Okay. And that type of information about a
24 product and the potential demand for a product, is
25 that what you obtained from Yahoo Finance or are there
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1 other sources that you used to get that information?
2 A It could be Yahoo, or like just, like I
3 said, websites that give news on companies, what
4 they -- whether it be positive, or good news, what
5 they are up to. Just news on companies and --
6 Q Okay.
7 A -- basically.
8 Q Any specific news source you are referring
9 to there other than Yahoo Finance?
10 A I don't have the name at the moment. No.
11 Q And you also said you like to make sure that
12 it's a good company, that's one of the factors that
13 you look at.
14 A Yes.
15 Q You undertake the same type of search, I
16 would say, by what you -- online or any other sources
17 that you use for the -- for that portion of the
18 analysis as to whether it's a good company or not;
19 it's the same undertaking?
20 A Could you clarify?
21 Q You mentioned two things. You said that you
22 look to see if investors are also investing in it; and
23 two, to make sure that it's a good company.
24 And I'm just trying to follow up and find
25 out how do you go about making your decision on
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1 whether it's a good company that you're willing to
2 invest in.
3 A A good company? It's established. It's a
4 known company. It's been around for a long time.
5 That would make it a good company. It does -- it's
6 producing stuff that consumers would need, or -- so
7 all I know is that other persons would purchase the
8 stock. Maybe I don't really know, but I guess I -- if
9 I can see why they would be interested in certain
10 stocks because there's a demand for what they
11 provided.
12 Q And just to follow. The statement of other
13 people wanting to purchase the stock, is that based on
14 any news source that you look at, or is that based on
15 your personal evaluation of information, that you
16 believe other investors would purchase?
17 A I assume that they would want to -- I don't
18 have the facts if they will do it. I assume that they
19 would because there's a demand by the consumers, and
20 people tend to react good to positive news.
21 Q And in order to, let's say, confirm your
22 fact that there would be consumer demand for their
23 products, do you look at any sources of information to
24 evaluate the consumer demand?
25 A I don't recall of any.
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1 Q Okay. And when you're following up on the
2 good company regarding the products that they make or
3 sell, do you look at any company information to
4 confirm your decision?
5 In other words, do you go to that company's
6 website, or do you look for news stories about that
7 company?
8 A Do you mean now or back then?
9 Q I think we are talking about now, yeah.
10 A Okay, now. Yes, I don't know how often I do
11 it, but I do know that I do go on the website now and
12 then, but I don't know how often I actually go on the
13 company's website.
14 Q Now, going back to February or January 2021
15 and February of 2021, did you undertake any of the
16 searches that you just described that you do currently
17 in connection with any of the orders on AMC stock?
18 A I don't recall.
19 Q And did you undertake any of these research
20 activities that you just previously described back in
21 January, 2021 and February of 2021 in connection with
22 the Nokia stock?
23 A I don't recall.
24 Q Now, I was mentioning GME. Are you familiar
25 with a company called GameStop?
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1 A I know of them but I don't really know a lot
2 about them, but I do know of them.
3 Q And you do recognize it as one of the stocks
4 that we call the Affected Stocks that are in this --
5 mentioned in the Complaint, right?
6 A That's right.
7 Q Okay. Have you ever done any research into
8 GameStop as a potential investment?
9 A I don't recall.
10 Q I think you had said that you're not -- you
11 don't recall knowing anything specific about GameStop
12 as a company, right?
13 A I do know they are games, and I see them at
14 their stores. That much I know, and I do know that
15 fans of games and so forth, they buy there. But I
16 don't know -- I don't really know, like, much about
17 them.
18 Q Okay.
19 A I don't buy their stuff, I don't --
20 Q Yeah, that's my question. Have you ever
21 been on their website and looked at their -- any of
22 their filings regarding their business plans or
23 anything along those lines?
24 A I don't recall, but I doubt it. I just
25 don't recall.
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1 Q Back in January of 2021, do you recall
2 seeing or hearing any news about GameStop?
3 A I don't recall.
4 Q You don't recall.
5 Do you recall any news regarding any of the
6 activity within its stock and its stock price on the
7 market back in January of 2021?
8 A I don't recall.
9 Q I'm going to show you what is Exhibit 102 --
10 or 103. I apologize.
11 (Exhibit 103 marked.)
12 BY MR. DANON:
13 Q Exhibit 103, and I think if you can refresh
14 Exhibit 103, is a copy of a tweet or a re-tweet on
15 January 27, 2021, at 11:12 p.m.
16 BY MR. DANON:
17 Q And let me know when you are able to see
18 that, Ms. Bernard.
19 MR. ROSEN: What is the date of the tweet?
20 MR. DANON: January 27, 2021.
21 THE WITNESS: Okay.
22 BY MR. DANON:
23 Q Do you recall seeing this tweet in
24 January 27, 2021, and re-tweeting it?
25 A No, I don't recall.
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1 Q But you can confirm that this is your
2 re-tweet of the -- because the original tweet is from
3 Donald Trump, Junior; is that right?
4 A It shows that it's from him, based on the
5 picture that I see.
6 Q That is from you, right?
7 A I don't recall, but if you say that it is,
8 but I don't recall.
9 Q You don't recall specifically re-tweeting
10 it, but you do acknowledge that the tweet itself says
11 that Ava re-tweeted it, right?
12 A That's correct. I see that.
13 Q Can you read the tweet -- the original tweet
14 from Donald Trump, Junior?
15 A Where he says, "He's not wrong. They just
16 aggregated enough small retail investors in an open
17 forum to move markets, just like the big guys. It's
18 actually amazing to watch."
19 Q And how does he end it?
20 A GME, "GME to the moon."
21 Q Right. And reading this tweet, do you
22 recall what you understood what Mr. Trump, Junior was
23 referring to? What is GME?
24 A I believe it's GameStop.
25 Q And what did you understand "GME to the
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1 moon" to mean?
2 A Just that the price -- that -- well, what I
3 understood -- understand by reading this, it could
4 mean that at the time people assumed that mostly small
5 investors were trying to -- basically that it would
6 open back up.
7 Q Hoping that the --
8 (Simultaneously speaking.)
9 A Right, that the price would open up, that's
10 correct.
11 Q Yeah. And do you recall -- does this
12 refresh your recollection as to being aware of
13 activity in connection with a GameStop price in
14 January of 2021?
15 MR. ROSEN: Objection. Vague, confusing,
16 and compound.
17 BY MR. DANON:
18 Q You can answer if you understand the
19 question.
20 A Could you restate it?
21 Q Does reading this tweet, does it refresh
22 your recollection regarding any news or information
23 related to a price of GameStop back in January of
24 2021?
25 A No, I really don't recall. I don't even
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1 have a stake in GameStop. I -- I'm sorry, I don't
2 recall.
3 Q Okay. Do you recall -- does this refresh
4 your recollection regarding any of -- or any market
5 activity related to the price of GameStop stock back
6 in January of 2021?
7 A No, I don't recall. I don't even recall the
8 tweet, this particular tweet. I just don't recall.
9 Q Got it.
10 Have you ever heard of the term short
11 squeeze?
12 A If I learned -- if I learned about it back
13 then or do you mean now?
14 Q Back then, back in January of 2021, had you
15 heard --
16 A No.
17 Q -- of the term short squeeze?
18 A No.
19 Q Does the tweet from Donald Trump, Junior
20 refresh your recollection of having read anything or
21 discussed anything regarding a possible short squeeze
22 of GameStop?
23 A I don't know.
24 Q Do you understand what short squeeze -- or
25 what is your understanding of the term Short Squeeze
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1 now, today --
2 A Umm --
3 Q -- if you have an understanding?
4 A Yeah, I've -- I've come -- I guess my
5 knowledge has increased since back then. Currently,
6 I'd say, this year, I might have -- I learned more
7 about that in regards to -- I believe it's in regards
8 to getting the price of a stock to go up, and
9 that's -- that's what I believe.
10 Q Okay, and that's what your understanding is?
11 A Yeah, that's correct. I don't really know
12 much about it. You know, I don't really have an
13 interest in it, actually.
14 Q You don't have an interest in it, is that
15 what you are saying?
16 A Yeah, I don't know what it's about, I don't
17 really --
18 Q Okay.
19 A -- know that much about it.
20 Q Okay. Now, AMC is the stock and the symbol
21 that's identified in your certification; is that
22 right?
23 A That's correct.
24 Q What do you know about AMC as a company?
25 A I do know that they are in the movie theater
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1 business. They provide entertainment movies for
2 people to see. I know they've been around a while.
3 So that's what I know about them, so that's what I
4 know.
5 Q And back in January of 2021, did you -- what
6 did you know about -- do you recall, what did you know
7 about AMC? Is it any different from what you know
8 now?
9 A It's what I've known before. Movie theater
10 company. They've been around a while. And, yes, so
11 I -- yeah, that's the same thing that I know. They
12 are in -- yeah.
13 Q Have you -- are you -- or do you recall
14 being aware of anything regarding AMC, any news
15 regarding AMC back in January of 2021?
16 A I don't recall.
17 Q And do you recall undertaking any sort of
18 searches to understand if they were undertaking any
19 new products, any new developments, any new
20 strategies?
21 A I don't recall.
22 Q Do you recall hearing any news whatsoever
23 back in January of '21 that -- 2021 -- that would
24 impact the value of the AMC stock?
25 A Could you repeat that?
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1 Q Do you recall hearing or reading any news
2 that would impact the value of AMC stock back in
3 January 2021?
4 A I don't recall.
5 Q During the time that you made the decisions
6 to order -- to order the purchase and sell orders of
7 AMC stock that are identified in your certification,
8 was there any significant movements in the stock price
9 of AMC stock that you were familiar with, back in
10 January of --
11 A Could you repeat that?
12 Q Okay, going back to the purchases and the
13 sells that you ordered, as represented in the
14 certification, right, which is Exhibit 101, right? So
15 now we're talking about January 27, right, 2021
16 through February 4, 2021, do you remember seeing any
17 news or any reports any statements regarding the
18 movement of the stock price of AMC stock?
19 A Could you repeat it again or --
20 Q Do you remember seeing any news, back in
21 2021, that made you think that the stock was going to
22 increase in price?
23 A I don't recall.
24 Q Do you recall hearing or seeing any news
25 about the potential or a potential short squeeze
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1 regarding AMC stock back in January of 2021?
2 A I don't -- I don't know what the short
3 squeeze was, so I don't even recall if I have seen
4 anything in regards to a short squeeze.
5 (Exhibit 104 marked.)
6 BY MR. DANON:
7 Q Okay. Let me show you what we're going to
8 mark as Exhibit 104. Go ahead and refresh. And once
9 you've seen that, please let me know.
10 A Okay, I do see it.
11 Q Okay, you see that --
12 A Yes.
13 Q -- and you recognize this as a tweet dated
14 January 27, 2021 at 7:06 p.m., correct?
15 A That's correct.
16 Q And there is a reply that you sent; is that
17 right?
18 A That's correct.
19 Q That's your handle that we had talked about
20 before, right?
21 A That's correct.
22 Q
23 So can you read Mr. Harsanyi's tweet?
24 A Yes. He says, "What are some of the other
25 heavily shorted companies? Asking for a friend."
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1 Q Okay. And what did you respond?
2 A AMC. AMC.
3 Q And so what was -- what did you know about
4 AMC on January 27, 2021, that allowed you to respond
5 or reply to Mr. Harsanyi's e-mail with AMC?
6 A So I do know that the price was going up.
7 At the time I didn't know what "shorted" was, so I
8 could have misunderstood what that meant, so I did say
9 AMC. I do know the price was going up.
10 Q And how did you know that the price was
11 going up?
12 A I knew -- it was there. I could see it on
13 Robinhood.
14 Q So you could see it on the Robinhood app
15 that the price was going up, right?
16 A That's correct.
17 Q Okay. Was there any other information that
18 you were aware of regarding AMC, other than that the
19 price was going up?
20 A Could you repeat that?
21 Q Were you aware of any other information
22 regarding the AMC stock, other than the stock price
23 was going up?
24 A I don't recall what else I saw in regards to
25 it --
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1 Q So your --
2 A -- at that time.
3 Q So your reply -- sorry -- to -- your reply
4 to him was based on the fact that you had seen in the
5 Robinhood app that the stock price for AMC had been
6 going up?
7 A I don't recall at the time, but I do know
8 that the price was going up and -- at that time. So
9 that's -- yeah, so I do know that the price was going
10 up.
11 Q Okay.
12 A And that meant people were interested in it,
13 so I...
14 Q But you weren't aware of any specific
15 initiatives or company statements or anything along
16 those lines. You just knew the price was going up,
17 right?
18 A Could you restate that?
19 Q I'm okay, let me just go on.
20 A Okay.
21 Q The other stock that you identify in your
22 certification is Nokia, right, with the symbol NOK?
23 A That's correct.
24 Q And do you know what type of company Nokia
25 is, and their product?
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1 A Yes. Mobile phones. They create -- they
2 are in the telecommunications sector, something like
3 that.
4 Q And back in 2021, in connection with these,
5 the sale transaction that you identified in the -- in
6 the certification, did you undertake any research into
7 Nokia as a potential investment?
8 A Could you repeat that?
9 Q In 20 -- January of 2021 and February of
10 2021, did you undertake any research regarding the
11 finances or profits of Nokia in order to --
12 A No.
13 Q -- the decision on the sale transaction
14 indicated on your certification?
15 A I don't recall.
16 Q Do you recall hearing or reading about any
17 news regarding Nokia in January of 2021 that would
18 have impacted the transaction as indicated within the
19 certification that you had submitted in connection
20 with this case?
21 A Could you repeat that?
22 Q Back in January of 2021, do you recall
23 reading any news or any announcements from the
24 company, Nokia, regarding its operations or business
25 in connection with --
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1 A Go ahead, I'm sorry. I don't recall.
2 (Simultaneously speaking.)
3 Q Do you recall seeing any YouTube videos
4 about Nokia in January of 2021?
5 A I didn't use YouTube back then.
6 Q You didn't even pull it up and look at
7 anything?
8 A I don't recall. No, I don't know. No.
9 Q And do you recall any tweets or anyone else
10 posting anything on Twitter in January of 2021
11 regarding Nokia?
12 A I don't recall.
13 Q Give me just one second here. Just one
14 second.
15 Ms. Bernard, have you heard of the term,
16 "day trader"?
17 A If I knew about it back then or today?
18 Q Let's start with back in January,
19 February 2021, were you familiar with the term "day
20 trader"?
21 A No.
22 Q Okay. Are you familiar with that term
23 today?
24 A Yes. I believe I am.
25 Q And what is your understanding of what the
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1 term "day trader" means?
2 A I believe they buy and sell the same day.
3 They don't leave it overnight. They just take the
4 profits or, I guess, the loss, and just exit.
5 Q Okay. Do you consider yourself a day trader
6 now, based on the understanding that you have?
7 A I don't think so, no.
8 Q No. Okay. Why not?
9 A Because I built overnight a lot, so I don't
10 think I'm a day trader.
11 Q Looking back at your trades in January '21,
12 and February of 2021, would you consider yourself a
13 day trader back then?
14 A I don't think so. I don't recall, but I do
15 believe I might have sold overnight. I don't know if
16 I sold before the market closed. I don't recall.
17 Q When executing or operating trades or
18 ordering trades under your mom's account back in
19 January of 2021, were there any times where you made
20 multiple trades in one day?
21 A Could you repeat that?
22 Q When trading in your mother -- on behalf of
23 your mother back in January of 2021, were there any
24 days in which you executed a significant number of
25 trades in one particular day, on one particular
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1 security? Let's say, ten or more.
2 A It's possible; I just don't recall. It's
3 possible. I believe I did, but I can't say I -- I
4 believe I did, but I...
5 Q Okay. Is that something that -- let's say,
6 in your current investing that you would also do,
7 which is buy and sell one specific security, you know,
8 more than ten times in one day?
9 A I'm not sure. I don't recall. Maybe I --
10 I'm not sure. Currently, I don't think I do, I just
11 don't -- I don't think so. I don't know.
12 Q Going back to -- and I guess, going back to
13 January of 2021, do you recall that AMC was the stock
14 that you had ordered purchases and sales in one day of
15 more than ten -- more than ten purchases and sales in
16 one day?
17 A Yes, I believe. Yes.
18 Q Okay. And why would -- why would you do
19 that? As an investor, why would you do that many
20 trades in one stock on that one day?
21 A I don't recall my thinking at that time. I
22 really don't know why I would do that. I just don't
23 recall what I was thinking at the time. I really
24 don't.
25 Q Let me show you what we're going to mark as
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1 Exhibit 105.
2 (Exhibit 105 marked.)
3 BY MR. DANON:
4 Q Again, let us know once you see that. And I
5 will represent to you that it's a spreadsheet of the
6 trades on your mother's account.
7 A Okay, I do see it.
8 Q Okay. And do you see on the left column,
9 all the way on the left side, it has got an account
10 number, which I can represent to you is your mom's
11 account number. But do you recognize it as that
12 account number?
13 A Do I recognize the number? No, I don't
14 recognize the number. I -- yeah, I don't --
15 Q Let me show you the January account
16 statement. We can mark that as Exhibit 6, just so you
17 can --
18 A Okay.
19 Q -- confirm the account numbers. So we're
20 going to post that as Exhibit 6 --
21 MR. ROSEN: 106.
22 MR. DANON: 106. Sorry.
23 (Exhibit 106 marked.)
24 BY MR. DANON:
25 Q Is that Exhibit 106 up?
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1 A (Shaking head.)
2 Q No?
3 I think, Ms. Bernard, you are on mute, so I
4 don't --
5 A Do you know how many pages there are for
6 this document?
7 Q Yeah, 167, I think.
8 A Yeah, that's why it's probably loading --
9 not loading.
10 Q What I would direct you to is the first page
11 on the top right where it's got Colleen Cooke account
12 number. And I just wanted you to be able to confirm
13 that that is your mom's account --
14 A Okay.
15 Q -- and her account statement, and then that
16 the account number is the account number
17 showing on Exhibit 105.
18 A I think it is not loading because there's a
19 lot of pages. Not even the first page is loading.
20 Q Not even. Okay, I think what we might do,
21 just to expedite some things, if we screen share on
22 those, the first page, so you can look at that. If
23 that's --
24 MR. DANON: Mr. Rosen, are you okay with
25 that?
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1 MR. ROSEN: What do you want to do, screen
2 share on this?
3 MR. DANON: The exhibit.
4 MR. ROSEN: Yeah.
5 MR. DANON: The first page of Exhibit 106,
6 so we can --
7 MR. ROSEN: Yeah.
8 BY MR. DANON:
9 Q So, Ms. Bernard, this is what we marked as
10 Exhibit 106, which is the account statement dated
11
12
13 A Is there any way it can be bigger?
14 Q How's that?
15 A I see 415.
16 Q Are you able to --
17 A Yes, I can see it.
18 Q Okay. And I noticed here that, again,
19 Colleen Cooke, and the account number, the address is
20 That's the address you
21 had identified earlier?
22 A That's correct.
23 Q And was that the address where you were
24 living in January of 2021?
25 A That's correct.
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1 Q Okay. And you will see that that account
2 number is the account number for your mom's account at
3 Robinhood, correct?
4 A I don't know the number. I --
5 Q Okay.
6 A Is there any other way that you want me to
7 confirm?
8 Q No, just by looking at the account
9 statement. Is this something -- is the account
10 statement something that you would see or look at and
11 review?
12 A That's correct. I do see it has her name
13 and address and account summary.
14 Q Okay. So you -- and that's what -- we just
15 want to make sure you don't have any reason to doubt
16 that this is your mom's account number. And that this
17 is a copy of the account statement.
18 A Yeah, I have no doubt.
19 Q Okay. And so when we go back to Exhibit
20 105, I just wanted to make sure that you knew, and
21 also that we can confirm, that the account number, all
22 the way on the left column, is the same, .
23 A I can barely see the screen.
24 Q Okay. Maybe we'll make that larger. How is
25 that?
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1 A Yeah, I do see that.
2 Q Can you see that that's the same account
3 number as the account number shown on the account
4 statement, which is your mother's account at
5 Robinhood?
6 A I would have to write down the number first
7 and then go back to the previous screen.
8 Q Okay, we can do that.
9 A Okay.
10 Q Let's go to the previous screen. And, yeah,
11 move it over. Yeah.
12 A Okay.
13 Q And then we'll switch now back to 105. Can
14 you see that? Is that large enough, or should we zoom
15 in?
16 A Could you make it bigger?
17 Q Yeah, sure.
18 A Okay. Thank you.
19 Okay, it matches.
20 Q Okay, good.
21 Now, if we turn -- and we'll do the screen
22 share -- if we turn to -- this January of --
23 January 21, 2021 -- or we're going to go to -- let's
24 just go to January 27 on page 4. I'm going to show
25 you this, Exhibit 105.
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1 When we -- you'll see, as we go through this
2 chart, I hope it's large enough where you can see. It
3 starts with the account number, and then there's a
4 symbol. Can you see the symbol as AMC?
5 A The screen is blurry. It probably needs to
6 be bigger, I think.
7 Q Let's see if we can make that bigger.
8 A Okay.
9 Q How's that?
10 A The same.
11 Q You can't see it?
12 A It's bigger, but it's blurry.
13 Q Does that help?
14 A No.
15 Q No?
16 A No.
17 Q If you open it in your -- I guess you're
18 doing the share on your phone, right?
19 A Here, on the laptop?
20 Q Okay. No, no, we're doing the screen share
21 now on your laptop, and you can't -- you cannot see
22 the exhibit well enough?
23 A That's correct. It is sort of blurry on my
24 end.
25 MR. ROSEN: Why don't you e-mail it to her.
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1 Maybe if you e-mail it to her, it may make it
2 easier. We can try that.
3 MR. DANON: If she can open it. Okay.
4 Why don't we take a -- or just go off the
5 record while we're doing this.
6 THE VIDEOGRAPHER: Off the record at
7 3:02 p.m.
8 (Recess was taken.)
9 THE VIDEOGRAPHER: We're back on the record
10 at 3:06 p.m.
11 BY MR. DANON:
12 Q Thanks. Ms. Bernard, you are able to see
13 what has been marked as Exhibit 105 now; is that
14 right?
15 A Yes, that's correct.
16 Q Good. And you see the account number is on
17 the left column. The second column has the stock
18 symbol; is that correct? Do you see that?
19 A That's correct.
20 Q And then -- and then there is "order type,"
21 "order side." Do you see "order side"?
22 A That's correct.
23 Q Order price, order quantity, and then
24 there's an order created at UTC which is the time that
25 the order was made.
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1 Now, I'll ask you if you could -- so, we
2 know from your prior testimony, these trades as this
3 document, as I represented to you, indicates all the
4 trades that were made in this account on AMC and other
5 stocks, but focusing on AMC first, those trades were
6 made by you on behalf of your mother, right?
7 A That's correct.
8 Q And if you look at pages 2 through 6 of this
9 exhibit, so starting on page 2, and you can see a
10 little bit just halfway down, you start seeing trades
11 that occur on January 27, 2021. Do you see that?
12 A Could you repeat that?
13 Q Yeah, if you look almost halfway down on
14 page 2, you will see a buy order for 1,000 shares of
15 AMC, and it is dated 2021 dash 01 dash 27, do you see
16 that?
17 A I see three of them, I believe.
18 Q Okay. Well, if you continue down that
19 page --
20 A Okay.
21 Q -- to -- through page 3, all the way to page
22 6, those represent trades that were done throughout
23 the day of January 1 -- I'm sorry, January 27, 2021.
24 Do you see that?
25 A That's correct.
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1 Q Do you recall making that many trades in AMC
2 during that time period?
3 A I don't recall, but it's there on the paper,
4 but it means I made it, but I don't recall my...
5 Q Do you recall why you made so many trades of
6 AMC on the 27th of January, 2021?
7 A No, I don't recall the reason why I made
8 those -- so many of those. I don't recall.
9 Q Looking at this spreadsheet, does it refresh
10 your recollection regarding any specific news or
11 information that you had seen or read about AMC back
12 in January 27, 2021?
13 A No.
14 Q And looking at this document, does it
15 refresh your recollection of whether you were aware of
16 the movement of the stock price of AMC on January 27?
17 A Could you repeat that?
18 Q Were you, looking at this document and the
19 trades, the number of trades for that day, does it
20 refresh your recollection as to whether you were aware
21 of any price movement in the price of AMC stock on
22 January 27, 2021?
23 A I honestly don't remember -- recall.
24 Q Looking at the orders, was the price
25 increasing? You can look at the order price, right?
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1 A Let's see.
2 MR. ROSEN: What day are you talking about?
3 MR. DANON: The 27th of January.
4 THE WITNESS: Yes, the prices looked like
5 they were increasing.
6 BY MR. DANON:
7 Q Okay. And, again, looking at that, and
8 recognizing that, does it jog your memory at all as
9 to -- whether you were aware of it at the time, and
10 whether that was influencing your decisions to order
11 any transactions on the AMC stock?
12 A I see it, but I don't recall it.
13 Q Is an increase in the stock price like what
14 you see here occurring on January 27, 2021, is that
15 something that you would look at in order to make a
16 decision to buy or sell a specific stock back in 2021?
17 A Could you repeat that? I'm sorry.
18 Q Knowing that a stock price is increasing,
19 similar to what you see occurring on January 27, 2021
20 on AMC, is that a factor that you would consider in
21 making a decision to buy or sell a specific stock on
22 that day?
23 A Do you mean currently or 2021?
24 Q In 2021.
25 A I don't recall.
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1 Q What about currently?
2 A Currently, it might go up, but it doesn't
3 mean that -- it doesn't influence -- I don't think it
4 does. I don't recall currently if it does. Just
5 because it goes up doesn't mean it will stay there, so
6 I don't really -- I don't recall doing that now.
7 Q You don't recall doing that now, right?
8 A That's correct.
9 Q Back in 2021, you have no recollection as to
10 how an increase in the specific price of a stock would
11 influence your decision?
12 A That's correct, I don't recall. That's
13 correct.
14 Q And if you look at page 6, and just for ease
15 of convenience, there is a number all the way on the
16 bottom right. It may be small, what you are looking
17 at, but there is a number on the bottom right that you
18 may look at. So page 6, in the fourth entry is an
19 order -- a buy order of 500 AMC shares at 1629.
20 Do you see that?
21 A On the 27th of January, 2021?
22 Q Yes.
23 A Yes, I do see it.
24 Q And you'll notice under the date where it
25 says "order created," there's a timestamp -- I'll
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1 represent to you that's a timestamp, 22:16:15.
2 Do you see that?
3 A Could you repeat that?
4 Q Okay. That line, number 4, in the column
5 that is identified as order created at UTC, do you
6 understand what UTC is? That's the timestamp.
7 A Yes, I see it.
8 Q Okay. And you see that there's an order for
9 500, the order price is 1629, 16.29?
10 A That's correct.
11 Q Yeah, and the time is 22:16:15. Do you see
12 that?
13 A That's correct.
14 Q Okay. And looking -- again, I just want to
15 clarify. At the time that this order is made, do you
16 recall being aware of any news regarding AMC stock?
17 A No, I don't recall.
18 MR. ROSEN: Objection.
19 BY MR. DANON:
20 Q You do recall --
21 MR. ROSEN: That's the 30th time you have
22 asked that question in various iterations.
23 (Simultaneously speaking.)
24 BY MR. DANON:
25 Q You did re-tweet -- or reply to a tweet on
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1 AMC on that date, right?
2 A Where they asked -- the one that you showed
3 earlier?
4 Q Yes. Yeah. So now seeing the documents
5 regarding the trade, the time of the trades, and the
6 activity, and also seeing the tweet regarding AMC,
7 does that refresh your recollection as to any
8 information that you had about the stock price of AMC
9 during that day?
10 A I see it, but I don't recall it. I
11 understood.
12 Q I'm just -- I'm just confirming,
13 Ms. Bernard, if any of the documents that we see now
14 refresh your memory.
15 MR. ROSEN: We've been going a little over
16 an hour. Maybe we can take a break shortly.
17 MR. DANON: I think I can wrap this up in
18 five minutes, if that's okay, this line.
19 MR. ROSEN: Okay.
20 MR. DANON: Or do you want to -- yep.
21 BY MR. DANON:
22 Q The -- so --
23 MR. DANON: You know what, let's take the
24 break now, okay?
25 MR. ROSEN: Okay.
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1 Come back in ten minutes.
2 MR. DANON: Okay.
3 THE VIDEOGRAPHER: Off the record at
4 3:17 p.m.
5 (Recess was taken.)
6 THE VIDEOGRAPHER: We're back on the record
7 at 3:27 p.m.
8 BY MR. DANON:
9 Q Ms. Bernard, I know you've stated earlier,
10 when I talked about the Complaint in the case and
11 damages that there were -- part of the claim is about
12 trading restrictions that Robinhood had placed on some
13 stocks; is that right?
14 A Could you repeat that?
15 Q Okay. Earlier in the deposition when we
16 talked about the Complaint and your awareness of the
17 Complaint, you acknowledged that part of the
18 allegations of the Complaint have to do with trading
19 restrictions that Robinhood had implemented in certain
20 stocks?
21 A That's correct.
22 Q Okay. So in January 2021 and February 2021,
23 when did you first hear about any trading restrictions
24 that Robinhood had placed on stocks?
25 A I believe that's the night of January the
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1 27th.
2 Q And how did you hear about the restrictions?
3 A I believe it was on social media, I believe.
4 I don't recall exactly where, but I believe it was
5 social media.
6 Q You don't recall which social media?
7 A Twitter. I just don't remember this one.
8 Q The specific -- okay.
9 If you -- we had marked this earlier, which
10 was the Complaint, which was Exhibit 5 from previous
11 depositions, and I think you've had a hard copy there,
12 and we looked at paragraph 128.
13 If you can look at paragraph 52 on pages 23
14 and 24.
15 A Could you repeat that?
16 Q Yeah. If you could look at the hard copy of
17 the Complaint, and -- which is marked as Exhibit 5 on
18 the continual exhibits, and go to paragraph 52 of the
19 Complaint, paragraph number 52 of the Complaint, which
20 is on page 23 of the Complaint, and let me know when
21 you see that.
22 MR. ROSEN: Which paragraph?
23 MR. DANON: Paragraph 52.
24 THE WITNESS: Okay. I do see it.
25
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1 BY MR. DANON:
2 Q If you see on paragraph 52, going over to
3 the next page, there is a post that says, "Robinhood
4 announces you can no longer open GME/AMC positions for
5 Friday."
6 Do you see that?
7 A On page 24?
8 Q Yes. It's on page 24. Do you see that?
9 A That's correct.
10 Q Okay. Did you see this Reddit post? Do you
11 recall seeing that?
12 A Was it on Reddit?
13 Q Well, let's say it's posted --
14 A I don't recall. I've never --
15 Q I don't recall -- it's posted on Twitter --
16 A Okay.
17 Q -- is what that says here, at 1:03 a.m. Do
18 you see on paragraph 52, I misspoke there, posted at
19 1:03 a.m. on Twitter.
20 A I don't recall seeing this.
21 Q Okay. Do you recall seeing any other
22 message, either on Twitter or any social media or from
23 Robinhood, regarding the restrictions on any stock
24 positions?
25 A I don't recall. I don't recall.
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1 Q Okay, but you were -- you do recall being
2 aware of the restrictions?
3 A That's correct. I was. That's correct.
4 Q But you don't recall the source of how you
5 became aware of it.
6 A That's correct.
7 Q If you look at paragraph 62 of the Complaint
8 on page 29, where paragraph 62 talks about a note that
9 Robinhood sent on the morning of January 28.
10 Do you see that?
11 A Yes, I do see it.
12 Q Do you -- did you recall seeing that on
13 January 28 of 2021?
14 A I don't recall if I saw it on the 28th. I
15 don't recall.
16 MR. DANON: Okay. Let me now mark
17 Exhibit 107.
18 (Exhibit 107 marked.)
19 THE WITNESS: I do know that they sent an
20 e-mail, but I don't recall.
21 BY MR. DANON:
22 Q Okay. So you recall that Robinhood sent an
23 e-mail, but you just don't recall the specifics of the
24 e-mail --
25 A That's correct.
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1 Q -- when you saw it?
2 But you do recall having knowledge of
3 restrictions on AMC stock?
4 A Yes, knowledge about the restrictions. I
5 just don't remember the source.
6 Q And what was your understanding of what
7 those restrictions were?
8 A I didn't understand what was going on, but
9 it didn't feel right at the time. It just didn't --
10 thought it was a platform that we could trade. So at
11 the time I didn't know exactly what was going on.
12 Q When -- in -- when you say you didn't know
13 what was going on, did you -- did you understand what
14 the restrictions were on what you could do regarding
15 your mom's Robinhood account?
16 A You can only sell. You can't -- you
17 couldn't buy in the beginning. And then at a certain
18 point they made it that you could buy a limited amount
19 in particular stocks. So that's my understanding.
20 Q Okay. So you understood that you could sell
21 at any time, but the restrictions were on the
22 purchase?
23 A That's correct.
24 Q And as far as you understood, that applied
25 to the AMC stock that you identified in the
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1 certification as well as the Nokia stock that you
2 identified in the certification; is that right?
3 A That's correct.
4 Q Okay, is it up?
5 So if you -- let us know once you can see
6 Exhibit 107.
7 Were you able to open that one?
8 A I'm still waiting.
9 Q You're still waiting?
10 A Okay, I do see it.
11 Q Okay. And this is a copy of a tweet on
12 January 28, 2021, at 8:29 a.m.
13 A That's correct.
14 Q The original tweet is from Robby Starbuck
15 and it says, "Ava re-tweeted." Do you recall seeing
16 this tweet back in January --
17 A I don't recall seeing it.
18 Q And do you recall why you re-tweeted?
19 A No, but like I said, at the time I didn't
20 know what was going on.
21 Q You didn't know what was going on, but you
22 did understand that there were restrictions in place
23 on the sale --
24 A That's correct.
25 Q -- of the AMC, Nokia, right?
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1 A That's correct.
2 Q I'm sorry, correction.
3 You understood there was a restriction on
4 the sale -- no restrictions on the sale of the stock?
5 A That's correct, only on the buy -- buying of
6 the stocks.
7 Q Okay, so -- all right. Next exhibit, 108.
8 Wait. I'm going -- wait. And we'll post that one.
9 Let us know when you are able to see it.
10 (Exhibit 108 marked.)
11 A I'm still waiting.
12 Q Okay. Let us know. I'm sure it takes --
13 it's been taking a few minutes here.
14 A Okay, I do see it.
15 Q Okay. And let me know if you recognize
16 Exhibit 108 as a tweet that you re-tweeted on
17 January 28, 2021.
18 A That's correct.
19 Q Okay. How did you come to open this tweet?
20 Were you following this individual, or did you have
21 any filters set to pull up any specific information?
22 A I don't recall following this person. I
23 don't recall how I stumbled upon this tweet. But I do
24 know I didn't know what was going on, and I don't
25 know -- I don't know in regards to this person.
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1 Q Do you recall why you re-tweeted this
2 specific tweet?
3 A I think it's in regards to the first
4 sentence. I guess they didn't allow -- I guess I was
5 just re-tweeting. I really didn't know what was going
6 on.
7 MR. DANON: Let me mark Exhibit 109. And
8 again, let us know when that appears on the share
9 file.
10 (Exhibit 109 marked.)
11 THE WITNESS: Okay, I do see that.
12 BY MR. DANON:
13 Q Okay, good. And you see that as a copy of a
14 tweet, and you are replying to it. And that's dated
15 January 28, 2021 at 11:16 a.m.?
16 A That's correct. I do see it.
17 Q And that is your reply to a tweet by Dave
18 Portnoy; is that correct?
19 A That's correct.
20 Q Did you follow Dave Portnoy or how is it
21 that you came across this tweet?
22 A I believe I follow him.
23 Q And can you read his tweet and then your
24 reply?
25 A Okay, it says, "And as a reminder, everybody
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1 who sells, you are doing exactly what the scumbags at
2 Robinhood app and Citadel wants you to do. I'd rather
3 die."
4 I say, "I'm staying too" -- not the dying
5 part, but...
6 Q But you say, "I'm staying too," correct?
7 A That's correct. Yeah, I was going to stay.
8 If I had -- if I had sold I would have been at a loss,
9 so I just wanted -- yes, so I stayed.
10 Q And in -- in Mr. Portnoy's tweet, when he
11 says, "sells," did you understand that to mean that
12 you could sell the shares at that time?
13 A That's correct.
14 Q Okay. And did you understand or have an
15 understanding as to what securities or what stock he
16 was referring to in this tweet that you had
17 re-tweeted?
18 A I don't think I knew all of the stocks. But
19 it has to do with maybe the AMC, Nokia. I don't
20 recall all of the stocks, so it could have been
21 anything. Any one of the stocks --
22 Q As far as your understanding, it applies --
23 A -- correction.
24 Q -- it refers to the stocks that you held at
25 AMC and Nokia?
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1 A Or any other stocks that were restricted.
2 Q Okay.
3 And what did you mean by replying that you
4 were staying too?
5 A That I am not selling at a loss. I guess I
6 was hoping that the price would go up or something,
7 but at the time I had already lost, I had lost, so I'm
8 just -- I would have -- not selling, basically.
9 Q And when you wrote, "I'm staying too," as
10 the "too" part, were you referring to you and others?
11 Was there a group of people that you were referring to
12 at that point?
13 A No, just myself.
14 Q Did you think at the time that you sent this
15 that Robinhood or Citadel were hoping you would sell
16 your shares?
17 A I didn't know what was going on. There were
18 so many rumors going on out there. I guess because I
19 did not hear much of why Robinhood did what they did.
20 I guessed this was just speculation of what might have
21 occurred.
22 Q Okay.
23 MR. DANON: Let me mark Exhibit 110. And
24 let us know when that pops up.
25 (Exhibit 110 marked.)
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1 THE WITNESS: I'm still waiting.
2 MR. DANON: Okay, I figured. You tell us
3 when -- you tell us when it hits.
4 MR. ROSEN: What you might want to do is
5 just e-mail to her the various tweets so that she
6 can just open it up in her e-mail rather than
7 wait for this to load, if you want to save time.
8 MR. DANON: Yeah, I think it would be
9 faster. That's a good call.
10 Can we just go off the record for five
11 minutes and let's organize them in e-mail. It
12 will be faster than each one loading.
13 THE VIDEOGRAPHER: Sure. Off the record at
14 3:49 p.m.
15 (Recess was taken.)
16 THE VIDEOGRAPHER: We're on the record at
17 3:57 p.m.
18 BY MR. DANON:
19 Q Ms. Bernard, we have now e-mailed, and I
20 understand that you now have a copy of Exhibit 110?
21 A That's correct.
22 Q And that is a tweet from -- or a re-tweet of
23 a Dave Portnoy tweet on January 28, 2021, at
24 13:30 a.m.
25 Do you -- do you recall seeing this tweet
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1 and re-tweeting it?
2 A I don't recall tweeting or re-tweeting it,
3 but it looks like I did.
4 Q Okay. So you did re-tweet. You just don't
5 recall, at the time, reading this or why you
6 re-tweeted it?
7 A I don't recall the reason why I re-tweeted
8 it.
9 Q Okay. When Mr. Portnoy is saying, "Now
10 speculating is a huge issue," what did you understand
11 "speculating" to mean?
12 A Making an assumption of something without
13 facts.
14 Q And how do you think that understanding of
15 "speculating" applies to any of the purchase and sales
16 of the stocks?
17 A Can you repeat that?
18 Q When I asked you about speculating as a huge
19 issue, what is your understanding of how speculating
20 is a huge issue, meant to the price of any of the
21 Affected Stocks, the stocks we're talking about in
22 this case?
23 MR. ROSEN: Objection. Vague. Calls for
24 speculation.
25
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1 BY MR. DANON:
2 Q You can answer my question, which is, what's
3 your understanding of what Mr. Portnoy's tweet was
4 regarding speculating in connection with the stocks,
5 the Affected Stocks, as identified in the Complaint?
6 A I can't really speculate in regards to that.
7 Q Well, I'm not asking you to speculate. I'm
8 asking you whether you know what --
9 MR. ROSEN: You're asking him -- you are
10 asking her what Mr. Portnoy meant?
11 MR. DANON: No, I'm asking her if she had an
12 understanding of it, not to speculate.
13 BY MR. DANON:
14 Q You re-tweeted it, so you re-tweeted for a
15 reason, right? I'm trying to understand the reason
16 behind re-tweeting it and when you re-tweeted, you
17 understand you were conveying?
18 A The only thing I can say in regards to the
19 tweet is the speculation maybe Robinhood was -- was
20 doing it for -- for -- doing it for -- on behalf of
21 someone or something. Like I said, I don't know the
22 reason why they did what they did, and maybe I
23 shouldn't have re-tweeted that at the time. I don't
24 remember why I did. Just that I wasn't -- I don't
25 know what was going on at the time, and so I don't
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1 know what to -- what's in regards to this tweet.
2 MR. DANON: Okay. Let me now go to what
3 we're going to mark as 111, and I think that was
4 just sent or will be sent right now.
5 (Exhibit 111 marked.)
6 THE WITNESS: Will it be to my e-mail or
7 the --
8 MR. DANON: Your e-mail.
9 THE WITNESS: Okay.
10 BY MR. DANON:
11 Q I hope that's working faster. Did you get
12 the e-mail?
13 A I'm still waiting.
14 Okay, I do see the e-mail.
15 Q Okay, good. Thank you.
16 A You're welcome.
17 Q Let me know when you've gotten a chance to
18 see the tweet that we marked as Exhibit 111. Right?
19 Yep.
20 A Okay, I do see it.
21 Q Okay. And this, again, is a tweet that you
22 re-tweeted on February 1, 2021 at 12:03.
23 Do you see that?
24 A Yes, I do see it.
25 Q And Brandon Hoffman, is that someone that
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1 you follow, or did you have any sort of search filters
2 or messaging filters to pick up his tweet?
3 A I don't recall why I saw his tweet. I don't
4 even recall following him but it looks like I
5 re-tweeted it.
6 Q Okay. And do you know, or do you recall as
7 to what Mr. Hoffman was replying to at Robinhood app
8 that you re-tweeted?
9 A I don't know at the time. I don't know now
10 in regards to what --
11 Q What it was?
12 A That's correct.
13 Q And do you see on the picture in the tweet
14 on the right-hand or where it says, "Are you winning,
15 Son?" and then it says, "It's not about winning, it's
16 about sending a message," right? And those emojis?
17 A Yes, I do see it.
18 Q Do you recall why you re-tweeted this?
19 A No, I don't recall.
20 Q What were you trying to say when you
21 re-tweeted this in connection with "It's not about
22 winning, it's about sending a message"?
23 A I don't recall.
24 MR. ROSEN: Objection.
25
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1 BY MR. DANON:
2 Q You don't know. What was your understanding
3 on what -- what it means by the meme, "It's not about
4 winning, it's about sending a message"?
5 A I don't recall my thinking at the time, the
6 meme. I just don't recall what it meant at the time.
7 Q How about now, reading it now?
8 A I don't want to guess what it means now. I
9 don't -- it could be different from what I thought
10 initially. I don't want to --
11 Q Does "winning" mean, in this context, making
12 money on an investment?
13 A I don't know. I honestly don't know.
14 Q And was the message that you were seeking to
15 send a message to Robinhood?
16 MR. ROSEN: Objection. Misstating facts not
17 on the record.
18 BY MR. DANON:
19 Q You can answer the question.
20 A Can you repeat that?
21 Q Yeah, by re-tweeting this, what was the
22 message that you wanted to send? Were you sending a
23 message to Robinhood?
24 A I don't recall the reason why I re-tweeted
25 it. I don't recall.
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1 MR. DANON: Let's -- now we're doing to send
2 you Exhibit 112. Let us know when you get
3 Exhibit 112.
4 A Okay.
5 (Exhibit 112 marked.)
6 THE WITNESS: I'm still waiting.
7 MR. DANON: Okay, I think it is a little bit
8 faster than the upload, but not much, maybe a
9 minute.
10 THE WITNESS: Okay, I do see it. Hold on
11 one moment.
12 BY MR. DANON:
13 Q Let me know after you've seen it.
14 A Okay, I do see it.
15 Q Okay. And this Exhibit 112 is a tweet, and
16 then a reply that you sent to Robinhood at 12:17 p.m.
17 on February 1, 2021; is that right?
18 A Can you repeat that?
19 Q This is a tweet that you sent on -- at
20 12:17 p.m. on February 1, 2021, which is replying to
21 Robinhood, right?
22 A That's correct.
23 Q And can you just read what your reply to
24 Robinhood's tweet was?
25 A I thought you had money issues.
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1 Q Okay.
2 A It is spelled wrong, but it's issues.
3 Q Okay. "Issues" is what you meant to say?
4 A That's right.
5 Q What did you mean when you said, "I thought
6 you had money issues" when you sent this response?
7 A I don't recall why I sent that. I really
8 don't know.
9 Q Do you recall thinking that Robinhood had
10 money issues?
11 A I could, but I just don't recall why I --
12 what prompted me to say -- to tweet that at the time.
13 I don't know what I saw or I just don't know what -- I
14 don't recall.
15 Q Now, going back to the Complaint in this
16 case. You understand that you are a named plaintiff,
17 right?
18 A That's correct.
19 Q And what does that -- what does that mean to
20 you, or what do you understand -- let me strike that
21 and start again.
22 MR. DANON: Sorry, Maria.
23 BY MR. DANON:
24 Q What do you understand are your
25 responsibilities in that role as a named plaintiff?
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1 A Well, I would look out for the best interest
2 of the other -- of the class members, oversee the
3 case, basically the class action. I would work with
4 the lawyers to -- like I said, maximize the recovery,
5 just doing my part to ensure that the case is
6 successful.
7 Q And do you have any understanding as to
8 whether you will receive any compensation for your
9 involvement in this case?
10 A No, I won't be receiving anything.
11 Q And as we said, based on the assignment, you
12 understand that any recovery in this case would be
13 going to your mother; is that the agreement that you
14 had?
15 A That's correct.
16 Q And how much time do you expect to spend on
17 the lawsuit, as a named plaintiff?
18 A A lot of hours. I don't know the exact
19 hours, but a lot of hours, but I don't have the exact
20 hours, but a lot of time.
21 Q Other than the deposition time today, how
22 much time have you spent on this case, acting as a
23 potential named representative?
24 A Could you repeat that?
25 Q Yeah. Other than today --
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1 A Okay.
2 Q -- how much time have you spent on issues or
3 dealing with this lawsuit in connection with being
4 potentially a named class representative?
5 A I don't have the exact hours, but it's a lot
6 of time.
7 Q Has it been more than one full day?
8 A It could be. I do know there's a lot of
9 time. It seemed like a lot of time. Yes, it could be
10 more.
11 Q Yeah, and what is that included, that is --
12 A Whether it be sending out the documents
13 requested, reading the documents sent to us by the --
14 sent to me by our lawyers. You know, going to
15 meetings with the attorneys, and other plaintiffs,
16 basically that's for the most part.
17 MR. DANON: Let me mark what we're going to
18 mark as Exhibit 113, which is -- which is the
19 request -- Defendant's First Set of Requests For
20 The Production of Documents and Electronically
21 Stored Information Directly To plaintiffs.
22 BY MR. DANON:
23 Q So this is both posted on the -- I guess
24 they are both -- all the exhibits have been posted on
25 the Exhibit Share and will be e-mailed.
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1 A Okay. Thank you.
2 I'm still waiting on the --
3 Q This one is a little bit longer.
4 A Okay. I'm still waiting.
5 Q Yeah, I apologize for that.
6 A That's okay.
7 Okay, I do see it.
8 Q Okay, good.
9 Have you seen this document before?
10 A I have to click on it first, hold on.
11 Q Yes. Okay. Okay. And this is Exhibit 113.
12 I'm sorry, I'm being corrected. That is Exhibit 31
13 from prior depositions, just to be clear on the
14 record.
15 MR. ROSEN: Oh, so it's not being marked as
16 Exhibit 113. It's --
17 MR. DANON: No, it is Exhibit 31 from prior
18 depositions, right. So I'm not marking it as
19 113, just so we're all clear.
20 THE WITNESS: Can you restate, repeat the
21 question?
22 (Premarked Exhibit 31.)
23 BY MR. DANON:
24 Q The question is: Have you seen this
25 document before?
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1 A Yes, that's correct.
2 Q Okay.
3 And you were provided a copy of this
4 document. Do you know when you saw it?
5 A When I saw this?
6 Q Yes.
7 A I believe it was either this year or last
8 year. I believe it was this year.
9 Q Okay. But it was before this deposition and
10 before yesterday?
11 A Can you repeat that?
12 Q You saw this document sometime either
13 earlier this year or last year, but it was before
14 today's deposition and yesterday's preparation for
15 your deposition?
16 A That's correct.
17 Q And when you received this -- let me start
18 over here.
19 You understand Exhibit 31 to be a request
20 for documents from you; is that correct?
21 A That's correct.
22 Q Okay. And did you undertake any search for
23 documents in connection with this document request?
24 A That's correct.
25 Q Yeah, what did you do?
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1 A I went to the places where I know they were.
2 So that could be on the search on the Robinhood
3 website, to my e-mails, my Twitter feed, you know,
4 that's what I did.
5 Q Any other places where you could have
6 documents? Do you print out any documents and hold
7 hard copies of anything?
8 A Like the tax return, but, yes. The Section
9 D that was requested?
10 Q Right.
11 A Schedule D, sorry.
12 Q Okay, but other than the tax return,
13 everything else was on computer, on your e-mails or
14 Twitter or other sort of communications by e-mail?
15 A Yes, on the phone, that's where I mostly go
16 online, on the phone.
17 Q Did you search any of your mother's records,
18 or computers, or phones to see if there was any
19 information that would be relevant?
20 A There wouldn't be any on there.
21 Q Does she have an e-mail account?
22 A She does, yes.
23 Q Does she have a computer?
24 A No.
25 Q She uses -- does she use one of your
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1 computers?
2 A No.
3 Q Or does she use e-mail through her phone?
4 A Her phone.
5 Q Okay. So she has a phone and e-mail
6 account; is that right?
7 A That's correct.
8 Q Is your mom on social media?
9 A No.
10 Q And have you -- have you preserved any of
11 the documents that were related or that were asked for
12 in this document request, that were related to any of
13 the transactions in January and February of 2021?
14 A Could you repeat that?
15 Q Have you done anything to make sure that the
16 documents and information you have are not deleted or
17 discarded?
18 A That's correct. Not deleting it.
19 Preserved, that's correct.
20 Q That's what I was asking. So you yourself
21 know what -- what to not delete, is that what it is,
22 that's what you are doing yourself?
23 A That's correct.
24 Q Does anyone else have access to your in-box
25 or your Twitter account?
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1 A No.
2 Q Do you have -- what is your e-mail account?
3 A
4 .
5 Q And other than the Yahoo.com email address,
6 do you have another e-mail address that you use?
7 A Yes, I have a work e-mail address.
8 Q And in the work e-mail address, did you have
9 any documents or communications regarding any of the
10 activities within the Robinhood account of your
11 mother?
12 A No, we're not allowed to use the work e-mail
13 for personal.
14 Q And you -- we've talked about a Twitter
15 handle and Twitter account, and you mentioned YouTube,
16 and I believe what you said is that YouTube was at
17 some point last year, 2022; is that right?
18 A That's correct.
19 Q And other than Twitter in 2021 or 2022, did
20 you have any other accounts at any social media app or
21 with any social media app?
22 A Could you repeat that? I'm sorry.
23 Q Other than Twitter, did you have any other
24 account or handle with any social media?
25 A In 2021?
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1 Q Yes, January, February, 2021.
2 A Just the Twitter.
3 Q Just the Twitter. Okay.
4 Do you -- do you receive any -- or do you
5 preserve any hard copies of the account statements you
6 received from Robinhood?
7 A No, it's just electronically.
8 Q And what about the account statements from
9 Stash?
10 A Electronically, also.
11 Q What kind of smart phone -- do you have a
12 smart phone? And what type is it?
13 A When you say type.
14 Q Well, is it obviously an iPhone, is it --
15 A Okay.
16 Q Yeah, Android or --
17 A Android. It's an Android.
18 Q Okay. Do you use WhatsApp?
19 A Yes, I do.
20 Q Did you search any of your messages in
21 WhatsApp in connection with the documents that were
22 requested in Exhibit 31?
23 A I wouldn't have to go there because it's not
24 a place that I go to for investments or anything.
25 It's just to communicate.
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1 Q And what about any communications regarding
2 investments?
3 A Could you repeat that?
4 Q What about any communications regarding the
5 investments, any texts, e-mails between you and others
6 regarding any of the market activity or any of the
7 investments during January and February of 2021?
8 A No, I never discussed it with everyone, so,
9 no. It is mostly social.
10 Q Did you -- did you search your text messages
11 in connection for -- with any documents regarding your
12 AMC or Nokia at Robinhood?
13 A I never really had anyone to text, so I
14 don't really -- it's only for social text messaging,
15 so no.
16 Q But you did not search it, right? That's
17 what the answer -- you didn't search it. You are
18 explaining how you didn't have any reason to -- I'm
19 just trying to figure out what you searched. So you
20 didn't search texts, you didn't search WhatsApp,
21 right?
22 A Can you give me a moment while I put in my
23 charger?
24 Q Yes. Absolutely. Absolutely.
25 A Thank you.
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1 THE WITNESS: Okay, sorry about that. Could
2 you repeat the --
3 MR. DANON: Got to make sure you are
4 charging.
5 BY MR. DANON:
6 Q I think I was saying, I just wanted to
7 confirm, from what I understand, that you did not
8 undertake any searches in WhatsApp or your text
9 messages?
10 A That's correct, because it is only family
11 members, and we don't text stocks or anything, so I
12 didn't have any reason to search.
13 Q And the same would hold true as far as you
14 didn't search any of your mom's texts?
15 A That's correct.
16 Q Okay.
17 When you did search your e-mails, how did
18 you go about searching? Did you put in specific
19 terms, or did you have a special folder where you had
20 preserved messages?
21 A The only reason why I searched the e-mail
22 was because I knew that Robinhood had sent a message
23 one time, so I just wanted to retrieve that particular
24 message. And I just searched "Robinhood" or -- and I
25 looked throughout the e-mails to see if there's
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1 anything, so I texted most -- I searched "Robinhood"
2 and maybe "stock," but...
3 Q As far as the terms that you put into the
4 search --
5 A Yeah, I don't recall what else I placed in,
6 but I believe those are the two main ones that I typed
7 in. I don't recall the rest, if I typed anything
8 else.
9 Q You said that -- you said Robinhood had sent
10 you an e-mail? Did you personally receive an e-mail
11 from Robinhood?
12 A No.
13 Q So then when you mentioned about an e-mail
14 being received and searching for it, was that an
15 e-mail sent to your mother?
16 A An e-mail sent to her?
17 Q Yeah, the e-mail that you said that they
18 sent, and you were searching for in the box --
19 A Oh, yeah.
20 Q -- who was that email sent to?
21 (Simultaneously speaking.)
22 A Yes, they sent it to her e-mail.
23 Q So in addition to searching her e-mails, did
24 you search your own personal e-mails?
25 A There wasn't anything sent to my e-mail.
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1 Plus an e-mail that she doesn't really use. It is
2 mostly for trading. That's where mostly -- so it's
3 not her personal. It is for trading and getting
4 information. So she has a separate personal e-mail.
5 Q Okay. Just so I can be clear. Your mother
6 has, what you are saying, is two e-mail accounts?
7 A That's correct. She has a personal one, and
8 the other one that I get the messages from Robinhood,
9 that's the one I get for messages for Robinhood.
10 Q And what are those e-mail addresses?
11 A The e-mail address that Robinhood sent it to
12 is the As for her
13 personal one, I don't have it right now on me, but...
14 Q Okay. But you can provide that
15 subsequently?
16 A That's correct.
17 Q And then you have your own personal e-mail
18 address, right?
19 A Yes, that's correct.
20 Q Okay. So when you did the search in
21 connection with this request, I just want to get a
22 clear understanding as to which e-mail in-boxes you
23 searched. You searched your mother's e-mail that you
24 just gave us, the Yahoo one?
25 A That's correct.
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1 Q Did you search her personal e-mail?
2 A It couldn't have been on her personal
3 e-mail. That's something that Robinhood doesn't have,
4 or any stock information. That's just on that e-mail.
5 Q So just the record is clear, you did not
6 undertake a search of her personal in-box?
7 A No, it wouldn't have been there.
8 Q And did you undertake a search of your
9 personal in-box?
10 A My personal? They wouldn't have my e-mail.
11 Q So you did not search your personal in-box,
12 either, right?
13 A I don't normally have anything in regards to
14 stock. Only exchanges between my attorneys and
15 myself, but nothing else.
16 Q But, again, my question -- just to be clear,
17 you didn't search it. Regardless of whether you think
18 there is no information in there or not, you did not
19 search it?
20 A Ah, no.
21 Q And when you did search your mother's
22 in-box, the search you ran was "Robinhood" and --
23 A I don't recall exactly what, but I do know I
24 typed in "Robinhood," and maybe "stock," but I don't
25 recall the exact terms that I used.
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1 Q Did you limit any -- the search by any time
2 frame?
3 A No. I don't recall there being limits; I
4 don't recall.
5 Q And do you know whether or not your mom's
6 e-mail in-box is also being preserved?
7 A Could you repeat that?
8 Q Do you know whether or not your mom's e-mail
9 in-box or e-mail box is being preserved in connection
10 with events alleged in this lawsuit?
11 A Do you mean if they are not being deleted,
12 the e-mails?
13 Q Yes.
14 A Yes, they are still there.
15 MR. DANON: All right. If you give me a
16 couple of minutes, I think we're going to wrap
17 up, Ms. Bernard. Just give me one -- I think we
18 don't even have to go off the record, if you can
19 just give me one minute here.
20 THE WITNESS: Okay.
21 (Recess was taken.)
22 BY MR. DANON:
23 Q Thanks, Ms. Bernard.
24 I have one other question that would go back
25 to Exhibit 101, which is the certification that you
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1 signed yesterday. And then if you could quickly look
2 up Schedule A in that certification.
3 A Okay.
4 Q I don't know if you were able to pull it up
5 from before. You have a hard copy. I'm not sure.
6 Whatever is easier.
7 A I don't have a hard copy. I just have it on
8 the phone. Let's see if I can --
9 Q That's good.
10 A Is there a way that you can resend it?
11 Q Yeah, that's the certification that you
12 signed yesterday.
13 A Okay.
14 Q Yeah, that's Exhibit 101. We can resend
15 right now. Yeah.
16 A Okay. Thank you.
17 Q And then we'll resend both and load the
18 e-mail. It is already loaded. Yeah.
19 Did you get it?
20 A Yes, I do see it. I'm going to click.
21 Q So my question goes to Schedule A of Exhibit
22 101, which is the certification dated 4/4/2023. Do
23 you see that in the -- there's two columns. In the
24 purchases column you have transactions dated
25 February 3, 2021. There's a series of transactions on
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1 AMC. Do you see that?
2 A That's correct.
3 Q Okay. And on the second column to the
4 right, under "Sales," there are a series of
5 transactions identified starting February 2, 2021, and
6 ending with a Nokia transaction dated February 3,
7 2021.
8 Do you see those?
9 A That's correct.
10 Q And I just want to confirm that during the
11 time that you placed these orders, you were aware of
12 the restrictions that Robinhood had in place regarding
13 AMC and Nokia stock, correct?
14 A That's correct.
15 MR. DANON: Okay. Thank you.
16 Mr. Rosen, with that, we are wrapped up.
17 MR. ROSEN: Okay. Great. I don't have any
18 questions.
19 Thank you very much, Ms. Bernard, for your
20 time.
21 MR. DANON: Thank you, Ms. Bernard. Thank
22 you very much. And have a good rest of your day.
23 THE VIDEOGRAPHER: This concludes the video
24 recorded deposition of Ms. Ava Bernard. We are
25 off the record at 4:36 p.m. Thank you very much.
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1 LAURENCE M. ROSEN, ESQ.
2 LRosen@rosenlegal.com
3 April 13, 2023
4 RE: JANUARY 2021 SHORT SQUEEZE TRADING LITIGATION
5 4/5/2023, Ava Bernard (#5849883)
6 The above-referenced transcript is available for
7 review.
8 Within the applicable timeframe, the witness should
9 read the testimony to verify its accuracy. If there are
10 any changes, the witness should note those with the
11 reason, on the attached Errata Sheet.
12 The witness should sign the Acknowledgment of
13 Deponent and Errata and return to the deposing attorney.
14 Copies should be sent to all counsel, and to Veritext at
15 cs-ny@veritext.com.
16
17 Return completed errata within 30 days from
18 receipt of testimony.
19 If the witness fails to do so within the time
20 allotted, the transcript may be used as if signed.
21
22 Yours,
23 Veritext Legal Solutions
24
25
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