Exhibit 6: Deposition of Joseph Gurney (Dkt. 567-6, S.D. Fla.)
Summary
Exhibit 6 (Document 567-6) in Case 1:21-md-02989-CMA, entered on the FLSD docket June 7, 2023, is a 135-page transcript, marked confidential, of the videotape deposition of Joseph Gurney via Zoom videoconference on April 14, 2023, before Maureen Ratto of Veritext Legal Solutions. Phillip Kim and Michael Cohen of The Rosen Law Firm appear for Plaintiffs and Kathleen E. Young and Megan Eloise Vincent of Cravath Swaine & Moore, LLP for Defendants. The proceedings were adjourned at 2:13 p.m.
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Cite this document
“Exhibit 6: Deposition of Joseph Gurney (Dkt. 567-6).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-06-07-covid-era-misc-f4332316-1/
, SHA-256 f43323168f44744903a4b39d995ec0b7de587b654929e0efa2d3d53b29a32880.Full text
Case 1:21-md-02989-CMA Document 567-6 Entered on FLSD Docket 06/07/2023 Page 1 of
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Exhibit 6
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Page 1
1 UNITED STATES DISTRICT COURT
2 SOUTHERN DISTRICT OF FLORIDA
3
4 Case No. 1:21-MD-2989-CMA
5 -----------------------------x
6 In Re: JANUARY 2021 SHORT
7 SQUEEZE TRADING LITIGATION
8 -----------------------------x
9 ** CONFIDENTIAL **
10 VIDEOTAPE DEPOSITION OF
11 JOSEPH GURNEY
12 VIA ZOOM VIDEOCONFERENCE
13 April 14, 2023
14 10:04 a.m.
15
16
17
18
19
20
21
22
23
24 Reported by:
25 Maureen Ratto, RPR, CCR
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1 * * *
2
3 Videotape deposition of Joseph
4 Gurney held virtually via Zoom
5 Teleconference, hosted from Veritext
6 Legal Solutions, pursuant to notice,
7 before Maureen Ratto, Certified Court
8 Reporter, License No. XI01165,
9 Registered Professional Reporter,
10 License No. 817125, and Notary Public.
11
12 * * *
13
14
15
16
17
18
19
20
21
22
23
24
25
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1 A P P E A R A N C E S:
2 Counsel for Plaintiffs:
3 THE ROSEN LAW FIRM
4 275 Madison Avenue
5 New York, New York 10016
6 BY: PHILLIP KIM, ESQ.
7 pkim@rosenlegal.com
8 MICHAEL COHEN, ESQ.
9 mcohen@rosenlegal.com
10
11 Counsel for Defendants:
12 CRAVATH SWAINE & MOORE, LLP
13 825 Eighth Avenue
14 New York, New York 10019
15 BY: KATHLEEN E. YOUNG, ESQ.
16 keyoung@cravath.com
17 MEGAN ELOISE VINCENT, ESQ.
18 mvincent@cravath.com
19
20 ALSO PRESENT:
21 LEE BOWRY, Legal Video Specialist
22
23
24
25
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1 VIDEOGRAPHER: Good
2 morning. We are going on the record
3 at 10:04 a.m. on April 14, 2023.
4 Please note that this
5 deposition is being conducted
6 remotely using virtual technology.
7 Quality of recording depends on the
8 quality of camera and internet
9 connection of participants.
10 What is seen from the witness
11 and heard on screen is what will be
12 recorded.
13 Audio and video recording will
14 continue to take place unless all
15 parties agree to go off the record.
16 This is Media Unit 1 of the
17 video-recorded deposition of Joseph
18 Gurney, in the matter of In Re:
19 January 2021 Short Squeeze Trading
20 Litigation, filed in the United
21 States District Court, Southern
22 District of Florida, Case No.
23 1-21-MD-2189-CMA.
24 My name is Lee Bowry
25 representing Veritext New York and
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1 I am the videographer. The court
2 reporter is Maureen Ratto, also
3 with Veritext. I am not related to
4 any party in this action, nor am I
5 financially interested in the
6 outcome.
7 If there are any objections to
8 proceeding, please state them at
9 the time of your appearance.
10 Counsel attending remotely will now
11 state their appearances and
12 affiliations for the record,
13 beginning with the noticing
14 attorney.
15 MS. YOUNG: Kathleen Young,
16 from Cravath, Swaine & Moore on
17 behalf of Robinhood, with me is
18 also Megan Vincent from Cravath.
19 MR. KIM: Philip Kim for
20 Mr. Gurney, Rosen Law Firm. I see
21 also online is Michael Cohen.
22 VIDEOGRAPHER: Will the court
23 reporter please swear in the
24 witness, and then counsel may
25 proceed.
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1 GURNEY - CONFIDENTIAL
2 * * *
3 J O S E P H G U R N E Y, having been
4 first duly sworn according to law by
5 the Officer, testifies as follows:
6 DIRECT EXAMINATION BY MS. YOUNG:
7 Q. Good morning, Mr. Gurney. My
8 name is Kathleen Young. I'm an attorney
9 from Cravath and we represent Robinhood
10 in this matter.
11 Could you please state your
12 full name for the record?
13 A. Joseph Edward Gurney.
14 Q. What is your current address?
15 A.
16
17 Q. Thank you. And where are you
18 right now?
19 A. In Pooler, Georgia.
20 Q. And you're in a vehicle,
21 right?
22 A. That's correct.
23 Q. And you're driving?
24 A. I am.
25 Q. Is the -- are you going to be
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1 GURNEY - CONFIDENTIAL
2 at all distracted during today's
3 deposition while you're driving?
4 A. No.
5 Q. And you have no concerns
6 about, you know, your safety as you drive
7 during the deposition?
8 A. No.
9 Q. Okay. I'll go over some basics
10 before we begin. You understand that
11 you've been sworn in and your testimony
12 today is given under oath?
13 A. I do.
14 Q. And is there any reason why
15 you cannot give complete and truthful
16 testimony today?
17 A. No.
18 Q. You don't have any condition
19 that would prohibit you or prevent you
20 from having an accurate recollection or
21 from giving true and complete testimony
22 today?
23 A. No.
24 Q. So the court reporter is
25 taking down everything we say, so it's
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1 GURNEY - CONFIDENTIAL
2 important that you provide verbal
3 responses to any questions you're asked
4 rather than shaking your head or nodding,
5 things like that. Does that make sense?
6 A. Yes.
7 Q. And during the course of the
8 deposition your counsel may object to the
9 form of a question that's asked. That
10 objection is just for the record and you
11 can proceed to answer the question if you
12 can, unless your counsel instructs you
13 specifically not to answer. And if you
14 don't understand a question, you know,
15 you can just let me know and I'll try to
16 clarify it and if you don't hear any
17 question fully just let me know and I'll
18 repeat it. Make sense?
19 A. Yes.
20 Q. And if you also allow me to
21 finish each question before answering
22 I'll try to let you answer before asking
23 another question. That will help the
24 court reporter as well. And if you need
25 to take a break at any point just let me
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2 know and I'll find a good place to stop.
3 The only exception to that is we can't
4 stop, you know, if a question is still
5 pending.
6 Does that make sense? Mr.
7 Gurney, does that make sense?
8 A. Yes.
9 Q. Thank you. Did you take any
10 steps to prepare for your deposition
11 today?
12 A. I reviewed information.
13 Q. Did you meet with counsel?
14 A. I did.
15 Q. With whom did you meet?
16 A. The Rosen attorneys that are
17 present.
18 Q. Mr. Cohen and Mr. Kim; is that
19 right?
20 A. That's correct.
21 Q. Was anybody else present?
22 A. I can't recall.
23 Q. When did you meet with
24 counsel?
25 A. When was the last time I met
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2 with counsel?
3 Q. When did you meet with counsel
4 in preparation for your deposition?
5 A. Yesterday.
6 Q. And you don't recall who else
7 was there during the meeting that you had
8 with counsel yesterday?
9 A. Like I said, the Rosen Law
10 attorneys that are present.
11 Q. But you don't recall if
12 anybody else besides Mr. Kim and
13 Mr. Cohen were present?
14 A. I don't recall.
15 Q. And how long was that meeting
16 you had with counsel yesterday?
17 A. I don't recall.
18 Q. You don't have any approximate
19 sense of how long that meeting lasted?
20 A. No.
21 Q. Was it less than an hour?
22 A. I don't want to speculate. I
23 don't recall.
24 Q. Did you speak with anyone else
25 in preparation for this deposition?
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2 A. No.
3 Q. Did you review any documents
4 in preparation for this deposition?
5 A. Yes.
6 Q. Did any of those documents
7 that you reviewed help refresh your
8 recollection about past events?
9 A. No.
10 Q. Have you discussed this
11 lawsuit with anybody other than your
12 lawyers?
13 A. No.
14 Q. Mr. Gurney, have you been
15 deposed before?
16 A. Yes.
17 Q. On how many occasions?
18 A. I don't recall.
19 Q. What kinds of actions were
20 those in which you've been previously
21 deposed?
22 A. What's that again?
23 Q. I said what kind of actions
24 were they in which you were previously
25 deposed?
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2 A. Criminal complaints.
3 Q. Brought against whom?
4 A. I'm sorry. What was the
5 question?
6 Q. Against whom were those
7 criminal complaints brought?
8 A. Different people.
9 Q. Were any of them brought
10 against you?
11 A. No.
12 Q. And so in what capacity were
13 you providing deposition testimony?
14 A. I was an investigator in law
15 enforcement.
16 Q. Have you ever been involved in
17 legal proceedings in which you were a
18 party?
19 A. I don't recall.
20 Q. You don't recall whether or
21 not you've ever been a party in a lawsuit
22 before?
23 A. Not offhand, I don't recall.
24 Q. Have you ever been class
25 representative before?
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2 A. No.
3 Q. Have you ever participated
4 otherwise in a class action lawsuit?
5 A. No.
6 Q. What's the highest level of
7 education that you've obtained?
8 A. Bachelor's degree.
9 Q. From what school?
10 A. East Carolina University.
11 Q. In what year did you earn that
12 degree?
13 A. '97.
14 Q. Thank you. Do you have any
15 other educational credentials like
16 licenses or certifications?
17 A. Yes, I have.
18 Q. And what kinds of licenses are
19 those?
20 A. Sworn law enforcement officer
21 PPSB license, state trainer, those are
22 the ones that I can recollect.
23 Q. Did you say PPSB license?
24 A. That's correct.
25 Q. And what is that?
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2 A. Private Protective Services.
3 Q. So are these all law
4 enforcement related types of
5 certifications?
6 A. Law enforcement safety
7 services, that's correct.
8 Q. Thank you. Do you have any
9 education in finance or economics or
10 accounting?
11 A. No.
12 Q. Okay. We're going to look at a
13 document now. I'm not sure how you'll be
14 able to access that.
15 Are you in a place where you
16 can look at documents?
17 A. I am. I'm stopped currently.
18 MS. YOUNG: Megan, let's go
19 ahead and mark tab 12. I think
20 this will be Exhibit 113. If you
21 can see if it's available now.
22 (Exhibit 113, resumé of Joseph
23 Gurney, Bates P000001106 was
24 received and marked on this date
25 for identification.)
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1 GURNEY - CONFIDENTIAL
2 Q. It should be available now. Do
3 you see the document, Mr. Gurney?
4 A. I don't.
5 Q. Are you logged into Exhibit
6 Share?
7 MR. KIM: I mean, I could
8 screen share it maybe. Is my screen
9 share working? Maybe I'll screen
10 share.
11 MS. YOUNG: I think we can do
12 that.
13 MR. KIM: Or you guys can
14 screen share it.
15 MS. YOUNG: Yeah. One second.
16 MR. KIM: Mr. Gurney, they're
17 going to screen share it and bring
18 it up.
19 THE WITNESS: All right.
20 MS. YOUNG: Can you zoom in a
21 little bit, Megan?
22 Q. Do you see the document, Mr.
23 Gurney?
24 A. I do.
25 Q. Can you identify this?
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2 A. That's correct.
3 Q. What's correct?
4 A. You asked if I could identify
5 this.
6 Q. Right.
7 A. And I said yes.
8 Q. So can you identify it? What
9 is this document?
10 A. It's a resumé.
11 Q. And this is your resumé,
12 right?
13 A. That's correct.
14 Q. And the document notes that
15 from March 2022 to the present you've
16 been employed by DSI Security Service in
17 Savannah, Georgia. Is that still
18 correct?
19 A. That's correct.
20 Q. And what is your job title in
21 this role?
22 A. Client services management,
23 essentially.
24 Q. Can you describe your role,
25 your responsibilities?
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2 A. Yeah. I'm over safety
3 contracts for a security company.
4 Q. What do you mean you're "over
5 safety contracts"?
6 A. I'm over clients services for
7 those contracts. Meaning, I meet with
8 clients for contractual obligations.
9 Q. Got it. From 2021 until March
10 of 2022 it looks like from your resumé
11 that you were employed by HCA Healthcare
12 as a public safety and security
13 management for a hospital in Savannah?
14 A. That's correct. Yes.
15 Q. Describe those duties?
16 A. Management in a healthcare
17 system over safety and security.
18 Q. So it sounds like a similar
19 type of role but maybe a different
20 industry; is that accurate?
21 A. No.
22 Q. Were your responsibilities
23 meaningfully different from your current
24 role?
25 A. Yes.
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2 Q. Can you describe how?
3 A. Again, currently I do client
4 services for contractual agreements. In
5 that role I was facilitating safety and
6 service for a hospital.
7 Q. Part of this document notes
8 that from 2014 to 2021 you were employed
9 as a Novant Health Public Safety
10 Coordinator (armed); is that right?
11 A. That's correct.
12 Q. And looking at the resumé is
13 the information under this bullet an
14 accurate description of your duties in
15 that role?
16 A. That's correct.
17 Q. And you left that position in
18 2021, right?
19 A. That's correct.
20 Q. Did you file a lawsuit against
21 that former employer?
22 A. What is that?
23 Q. Did you file suit against
24 Novant Health, your former employer?
25 A. I did.
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2 Q. A few minutes ago I believe
3 that you testified that you didn't recall
4 whether or not you were a party to any --
5 you've ever been a party in any lawsuit,
6 right?
7 A. I didn't recall the actual
8 Complaint.
9 Q. I didn't ask you about the
10 Complaint. I asked if you had ever been a
11 party in a lawsuit before and you said
12 that you did not recall, right?
13 A. I didn't at the time.
14 Q. But now you recall that you
15 did bring suit against Novant, right?
16 A. That's correct.
17 Q. And when did you initiate that
18 suit?
19 A. I can't recall.
20 Q. Was it before or after you
21 worked there?
22 A. I don't recall. Like I said, I
23 did not recall it until you just
24 mentioned it.
25 Q. What kind of claims did you
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2 bring against Novant?
3 A. I don't recall.
4 Q. You don't recall anything
5 about the claims that you brought against
6 your former employer?
7 A. Not currently, not without
8 reviewing information now, I don't.
9 MS. YOUNG: Okay. Let's go
10 ahead and mark tab 10.
11 (Exhibit 114, Amended
12 Complaint re: Joseph Gurney v.
13 Novant Health, Inc. was received
14 and marked on this date for
15 identification.)
16 MS. YOUNG: This will be
17 Exhibit 114.
18 Q. Mr. Gurney, is this the
19 Amended Complaint you filed in the Gurney
20 versus Novant Health, Inc. lawsuit?
21 A. I'm not sure. I can't see the
22 document.
23 Q. You can't see the document?
24 A. I didn't see all of it.
25 Q. We can zoom in and scroll
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2 through as much. You can feel free to
3 read as much as you'd like. Please let
4 us know if you us to keep moving down the
5 document.
6 A. Okay. What's your question?
7 Q. Can you tell us what claims
8 you filed against Novant?
9 A. Without sitting there
10 reviewing it, I can't recall.
11 Q. I'm giving you the opportunity
12 to review it, Mr. Gurney.
13 MR. KIM: What do you want him
14 to do, read the Complaint? I
15 mean --
16 THE WITNESS: I'm not --
17 MR. KIM: He's not a lawyer.
18 Look, listen, he's not a lawyer.
19 We're not sitting here playing, you
20 know, memory, right? He says he
21 doesn't recall.
22 So if you want him to sit here
23 and read you the Complaint, he can
24 do that but that's not going to be
25 an efficient use of time when this
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2 case has absolutely nothing to do
3 with what we're here for today.
4 MS. YOUNG: I'm entitled to
5 seven hours on the record with this
6 witness and I will ask him the
7 questions that I want to and if I
8 want him to read the entire
9 Complaint in his other case, we'll
10 do that. But my thanks to the
11 peanut gallery.
12 If you scroll down, Megan to
13 the bottom of this.
14 Q. Mr. Gurney, can you tell me
15 what date this is dated, this Amended
16 Complaint?
17 A. Let me zoom in. The 9th day of
18 September of 2022.
19 Q. Okay. So you filed this
20 Amended Complaint against Novant last
21 September, right?
22 A. Yes.
23 Q. Is that case still currently
24 pending?
25 A. I haven't heard anything about
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2 the case recently. I cannot assume or
3 speculate anything on the matter.
4 Q. But you don't know of any --
5 you don't know of this case being
6 resolved, right?
7 A. I don't know anything further
8 on the case.
9 Q. And you can't tell me why you
10 brought suit against Novant?
11 MR. KIM: Objection to form.
12 A. The complaint is there. You
13 can read it.
14 Q. No, I'm asking why you decided
15 to bring suit against Novant. I'm not
16 asking you to tell me anything about the
17 Complaint.
18 MR. KIM: He's already
19 answered the question.
20 Q. He can answer.
21 A. I don't recall all the details
22 currently.
23 Q. You can't tell me why six
24 months ago or back in September of 2022
25 you filed suit against your former
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2 employer?
3 A. I can't recall.
4 MR. KIM: He's already
5 answered he doesn't recall. Don't
6 badger the witness. You're wasting
7 a lot of time.
8 MS. YOUNG: You know the only
9 person wasting time is you.
10 MR. KIM: He's not a lawyer,
11 right?
12 MS. YOUNG: So he brought
13 suit, he can answer this.
14 MR. KIM: So he doesn't
15 recall. So you keep badgering him
16 about -- he says he doesn't recall
17 and you're like, well, I find it
18 hard to believe you don't recall. I
19 don't recall. So let's just move
20 on.
21 Q. You can answer the question,
22 Mr. Gurney. Can you tell me anything
23 about your reasons for filing suit
24 against your former employer?
25 A. I don't recall.
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2 Q. Do you recall why you brought
3 suit in this action?
4 A. What's the question? What
5 action?
6 Q. This action, In Re: January
7 2021 Short Squeeze Trading Litigation.
8 A. Yes.
9 Q. And why is that?
10 A. Market manipulation and the
11 company Robinhood hit the stop button.
12 Q. But don't recall anything
13 about why you filed suit against Novant?
14 A. I don't recall.
15 Q. Let's go back to your resumé
16 for a moment. Actually, you were at
17 Novant when you -- during COVID, right,
18 when COVID started?
19 A. I don't recall.
20 Q. Let's go back to your resumé
21 then. Do you see it looks like you worked
22 at Novant from 2014 to 2021, right? Is
23 that accurate?
24 A. Correct.
25 Q. Okay. So you were working at
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2 Novant when COVID, the COVID pandemic hit
3 in March of 2020, right? Did you answer,
4 Mr. Gurney?
5 A. What's that?
6 Q. I said you were working at
7 Novant when the COVID pandemic hit in
8 March of 2020, right?
9 A. Yes.
10 Q. Was there any disruption to
11 your employment related to the pandemic?
12 A. I don't recall.
13 MR. KIM: Objection, vague.
14 Q. Do you recall whether or not
15 your day-to-day responsibilities changed
16 at all as a result of COVID?
17 A. I don't recall.
18 Q. And before Novant you were a
19 sheriff deputy and an investigator,
20 right?
21 A. That's correct.
22 Q. And that was -- you held that
23 position from 2009 to 2014?
24 A. I don't recall specific dates.
25 Q. Does this resumé say you held
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2 that position from 2009 to 2014?
3 A. That's correct.
4 Q. And this is accurate?
5 A. That's correct.
6 Q. Can you describe your duties
7 in that role?
8 A. I was a sworn law enforcement
9 official for the state.
10 Q. And before that you were a
11 police sergeant from 2001 to 2009?
12 A. That's correct.
13 Q. Can you describe the
14 responsibilities associated with that
15 position?
16 A. I was a sworn law enforcement
17 officer for the state.
18 Q. So how did that differ from
19 your position as a sheriff deputy
20 investigator?
21 A. They're different positions.
22 Q. Can you expand on that? How
23 are they different?
24 MR. KIM: Objection, vague.
25 Q. You can answer, Mr. Gurney.
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2 A. What was your question again?
3 Q. How were those positions
4 different, the police sergeant role and
5 the sheriff deputy investigator role?
6 A. One I was a police sergeant
7 and one I was a sheriff's deputy. They're
8 not the same.
9 Q. Okay. Can you expand on why
10 they're different, aside from the title?
11 A. They're different positions.
12 Q. Okay. So did you have
13 different responsibilities?
14 A. What was that? I'm sorry.
15 Q. Did you have different
16 responsibilities in those two roles?
17 A. Yes.
18 Q. How did those be
19 responsibilities differ?
20 A. One, I was a sergeant, one I
21 was a sheriff's deputy, they're different
22 responsibilities.
23 Q. Right. But you're just telling
24 me the position title. How did -- can you
25 describe the responsibilities associated
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2 with those two roles?
3 A. I don't understand the
4 question. I don't know what you're
5 looking for.
6 Q. Okay. Let's talk about the
7 police sergeant role. What were your main
8 responsibilities as a police sergeant?
9 A. To enforce North Carolina law
10 and carry out the roles and duties of a
11 law enforcement official and as a leader
12 in law enforcement.
13 Q. Okay. And then can you
14 describe your responsibilities as a
15 sheriff deputy and investigator?
16 A. To carry out the laws and
17 duties, the law enforcement official but
18 working for and under a sheriff in a
19 county in the state and doing other
20 duties required there within.
21 Q. So just sort of day-to-day,
22 when you go to work, what kind of tasks
23 would you perform?
24 A. Varies.
25 Q. Can you give me a couple of
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2 examples?
3 A. For which?
4 Q. For both positions. So let's
5 start with maybe the sheriff deputy
6 investigator position.
7 A. Okay. I would investigate
8 certain actions or complaints. As a
9 police sergeant I would carry out daily
10 duties as the title suggests.
11 Q. And what about the tasks that
12 you performed day-to-day in the police
13 sergeant role?
14 A. Oversee officers and officer
15 duties.
16 Q. Mr. Gurney, are you on social
17 media?
18 A. No.
19 Q. Not in any form? Like. Not
20 any platforms?
21 A. Not that I can recall.
22 Q. Have you ever had any social
23 media accounts?
24 A. I can't recall.
25 Q. Do you recall whether or not
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2 you've ever had a Reddit account?
3 A. I can't recall.
4 Q. Do you recall whether or not
5 you've had a Twitter account?
6 A. I can't recall.
7 Q. Do you recall whether or not
8 you've ever had a Facebook account?
9 A. I can't recall.
10 Q. Do you recall whether or not
11 you've had an Instagram account?
12 A. I can't recall. I don't have
13 anything currently.
14 Q. And you can't recall whether
15 or not you've ever had any account?
16 A. I can't.
17 MS. YOUNG: Megan, let's go to
18 tab 17.
19 (Exhibit 115, LinkedIn profile
20 of Joseph Gurney was received and
21 marked on this date for
22 identification.)
23 Q. So this will be 115. Do you
24 recognize this document, Mr. Gurney?
25 A. I don't recall.
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2 Q. Is this a copy of your
3 LinkedIn profile?
4 A. I don't recall. I don't have a
5 LinkedIn currently.
6 Q. Is this a photo of you?
7 A. It appears so. I don't have a
8 LinkedIn currently.
9 Q. Do you know if somebody else
10 created a LinkedIn account for you?
11 A. I can't assume or speculate
12 but I can tell you I don't have one.
13 Q. Are you representing, Mr.
14 Gurney, that this is not publicly
15 available right now, this profile?
16 MR. KIM: Objection,
17 mischaracterizes testimony.
18 Q. You can answer.
19 A. What's that? What was your
20 question?
21 Q. Do you recall ever closing
22 your LinkedIn account?
23 MR. KIM: Objection to form.
24 A. I can't recall.
25 Q. Megan, if you scroll down a
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2 little bit.
3 Mr. Gurney, is the work
4 experience listed here consistent with
5 your own work experience?
6 A. I don't recall.
7 Q. You don't recall whether or
8 not you ever worked for Pender County
9 Sheriff's Department?
10 A. Yes, I worked for the
11 sheriff's office. That is not what was
12 asked.
13 Q. I asked if this experience was
14 consistent with your actual work
15 experience.
16 MR. KIM: Objection to form.
17 Q. Do you recall working for
18 NHRMC Police?
19 A. I do.
20 Q. And you do recall working for
21 Pender County Sheriff's Department?
22 A. Yes, I do.
23 Q. So the experience listed here
24 is consistent with your own work
25 experience?
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2 MR. KIM: That's not --
3 objection to form. We just went
4 over his resumé. Clearly the last
5 time he worked at Pender was in
6 '14, and this, the LinkedIn, hasn't
7 been updated since. So clearly it's
8 a stale page.
9 MS. YOUNG: Can we go to
10 previously marked exhibit 2, I
11 think it's tab 14?
12 (Exhibit 2, letter from Rosen
13 Law Firm Certificate, also marked
14 Exhibit 116, previously marked, is
15 shown to the Deponent.)
16 THE WITNESS: Hold on for a
17 second. I'm going to take about
18 two minutes here and then I'll jump
19 back on. I got to speak to
20 somebody.
21 MS. YOUNG: Well, then I guess
22 we need to go off the record.
23 MR. KIM: We can take a three
24 minute break.
25 VIDEOGRAPHER: Okay. Going off
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2 the record. The time is 10:37 a.m.
3 (Recess is taken.)
4 VIDEOGRAPHER: We're back on
5 the record. The time is 10:48 a.m.
6 MS. YOUNG: I think Megan will
7 pull up the exhibit we were just
8 about to take a look at, which was
9 previously marked Exhibit 2.
10 Q. While she's pulling that up,
11 Mr. Gurney, did your counsel reach out to
12 you to ask what social media platforms
13 you were on?
14 A. What was the question?
15 Q. Did your counsel ever reach
16 out to you to ask if you were on any
17 social media platforms?
18 A. I don't recall.
19 Q. I'm about to show you a letter
20 dated February 27, 2023 that your counsel
21 provided in this action.
22 A. Okay.
23 Q. And if we scroll down, do you
24 see your name about halfway down the
25 page?
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2 A. I do.
3 Q. And it states there are no
4 social media accounts to report?
5 A. I see that.
6 Q. Is that information accurate?
7 A. Yes. I don't have any current
8 social media accounts.
9 Q. And this letter does not list
10 any sort of LinkedIn profile, right?
11 A. I don't have a LinkedIn. I
12 haven't had a LinkedIn for a very long
13 time.
14 Q. And this letter does not
15 include a LinkedIn profile for you,
16 right?
17 MR. KIM: The letter speaks
18 for itself.
19 Q. You can answer.
20 A. What's that?
21 Q. The letter does not list a
22 LinkedIn profile for you, right?
23 A. It does not but I did not
24 recall a LinkedIn profile. Again, that
25 was a long time ago.
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2 Q. Mr. Gurney, have you ever
3 filed for bankruptcy?
4 A. I have.
5 Q. When was that?
6 A. I don't recall.
7 Q. Approximately, do you have a
8 sense?
9 A. I don't.
10 Q. Can you describe the events
11 that led up to your bankruptcy?
12 A. I don't recall.
13 Q. You don't recall anything that
14 contributed to why you filed for
15 bankruptcy?
16 A. I don't recall.
17 Q. As part of your bankruptcy did
18 you have to -- did you have to receive
19 any financial management training?
20 A. I don't recall.
21 MS. YOUNG: Let's look at tab
22 1, Megan. And this will be Exhibit
23 116 -- 117.
24 (Exhibit 117, Certificate from
25 Abacus Credit Counseling Agency was
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2 received and marked on this date
3 for identification.)
4 Q. Do you recognize this
5 document, Mr. Gurney?
6 A. I see the document.
7 Q. And do you see where it says,
8 "I certify that on January 18, 2015
9 Joseph Gurney received from Abacus Credit
10 Counseling Agency approved pursuant to 11
11 U.S.C. Section 111 to provide credit
12 counseling in the Eastern District of
13 North Carolina." Do you see that?
14 A. I do.
15 Q. Does this refresh your
16 recollection that you received any
17 financial management training as part of
18 your bankruptcy proceeding?
19 MR. KIM: Objection to form.
20 It's a certificate of credit
21 counseling. So --
22 Q. Mr. Gurney --
23 MR. KIM: -- it
24 mischaracterizes the document.
25 Q. -- did you receive any
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2 financial management credit counseling in
3 connection with your bankruptcy
4 proceeding?
5 A. It appears that that
6 certificate says that I did.
7 Q. But you don't recall anything
8 about that training?
9 A. I don't recall.
10 Q. Did you complete a personal
11 financial management training conducted
12 by Sage Personal Finance in connection
13 with your bankruptcy proceeding?
14 A. What was the question?
15 Q. Did you complete a personal
16 financial management training that was
17 presented by Sage Financial in connection
18 with your bankruptcy proceeding?
19 A. That certificate says --
20 (Connection interruption.)
21 MS. YOUNG: I think that --
22 sorry, Mr. Gurney, is he still
23 there?
24 VIDEOGRAPHER: He's going in
25 and out. He's obviously in a bad
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2 reception area. Maybe we should go
3 off the record momentarily.
4 A. I don't recall.
5 MR. KIM: He's back.
6 Q. Sorry. What don't you recall,
7 Mr. Gurney?
8 MS. YOUNG: He's frozen on my
9 end, at least.
10 VIDEOGRAPHER: It's a really
11 bad reception area.
12 (Connection interruption.)
13 VIDEOGRAPHER: I suggest we go
14 off the record.
15 MS. YOUNG: I think we have
16 to.
17 VIDEOGRAPHER: Okay. Going off
18 the record. The time is 10:54 a.m.
19 (Recess is taken.)
20 VIDEOGRAPHER: We're back on
21 the record. The time is 11:46 a.m.
22 This is the beginning of Media Unit
23 2.
24 Q. So we're going back on the
25 record after taking a break after
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2 experiencing some bad connection on the
3 witness' end.
4 Mr. Gurney, are you now in a
5 location where you'll have stable
6 internet connection?
7 A. I'm not sure. It's technology.
8 I hope so.
9 Q. Mr. Gurney, your counsel
10 represented to us that you would be free
11 today on April 14th beginning at 10 a.m.
12 to be deposed in this action, right?
13 A. Right.
14 Q. And I believe you testified
15 earlier that you have many places you
16 need to drive today, right?
17 A. But I'm free to facilitate
18 this deposition, yes, and breaks are
19 generally allowed or allocated under
20 deposition, right?
21 Q. Of course. Of course. But did
22 you -- but did you schedule actual work
23 to conduct during the middle of this
24 deposition --
25 A. I don't know what to tell you.
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2 What I'm articulating to you is I'm
3 available. Now, you can surmise or deduct
4 what you want from that.
5 I'm available to answer your
6 questions as best as I can recollect.
7 Right?
8 Q. Well, you haven't been
9 available, Mr. Gurney. We've had to go
10 off the record several times because --
11 MR. KIM: Look, he's available
12 now.
13 MS. YOUNG: Let me finish,
14 Phil.
15 MR. KIM: Look, you're not
16 arguing with him about whether he's
17 available or not. If you are going
18 to sit here and argue with him
19 about whether he's available or
20 he's not, I'm not going to allow
21 it.
22 Let's turn to the questions
23 about what we're here for today,
24 not about scheduling issues.
25 Q. Mr. Gurney, did you tell your
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2 counsel that you'd be working today
3 during the deposition?
4 MR. KIM: Look, that's
5 attorney-client privilege. I am
6 going to direct the witness not to
7 answer the question.
8 Q. Did you tell your client --
9 your counsel that you'd be in and out of
10 internet connection today?
11 MR. KIM: Again, I'm going to
12 direct him not to answer. How can
13 you predict if the internet is
14 going to work or not work. This is
15 ridiculous.
16 Q. Did you tell your counsel that
17 you would be taking this -- sitting for
18 your deposition while driving?
19 MR. KIM: Look, I'm going to
20 direct him not to answer these
21 questions. You are asking for
22 communications that he's had with
23 us. So why don't we move on with
24 the deposition. The connection is
25 working fine now, so let's go.
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2 Q. You've been deposed before,
3 Mr. Gurney, right?
4 A. Yes.
5 Q. Were you driving during those
6 depositions?
7 MR. KIM: I think you cut out
8 there. What was the question?
9 Q. Mr. Gurney, in your prior
10 depositions were you driving while you
11 were being deposed? I think he's frozen.
12 MR. KIM: Mr. Gurney, did you
13 hear the question?
14 THE WITNESS: I did.
15 Q. Can you answer the question,
16 Mr. Gurney?
17 MR. KIM: I don't think we got
18 your answer.
19 A. Was I driving during each
20 deposition that I've been deposed?
21 Q. In any other deposition that
22 you've -- where you've been deposed, have
23 you been driving during the deposition?
24 A. I don't want to assume or
25 speculate. I can't recall.
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2 MS. YOUNG: I don't think his
3 connection is stable right now.
4 VIDEOGRAPHER: We're getting a
5 bad reception indication from Zoom.
6 THE WITNESS: I can hear you
7 fine.
8 MR. KIM: You want to repeat
9 your answer? I think you hit a
10 little bubble of bad connection.
11 VIDEOGRAPHER: We're still in
12 that bubble. I'm getting a low
13 bandwidth from the witness' Zoom.
14 THE WITNESS: I answered the
15 question.
16 MR. KIM: Can you answer it
17 again? There was a bad connection.
18 A. I don't recall. I don't want
19 to assume or speculate.
20 MS. YOUNG: Okay. Megan, let's
21 go ahead and mark tab 1, and this
22 will be Exhibit 116.
23 (Exhibit 116, remarked, Abacus
24 Certificate of Credit Counseling
25 was received and marked on this
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2 date for identification.)
3 MR. KIM: I think we already
4 have a 116. Last one was 117.
5 MS. YOUNG: I think that was
6 previously that's just on the file
7 name. The sticker on it is Exhibit
8 2.
9 MR. KIM: 116, the file name
10 is wrong. That's Exhibit 2. I
11 gotcha.
12 MS. YOUNG: Right.
13 Q. Megan, will pull it up on
14 screen share so you can see it, Mr.
15 Gurney.
16 I think I asked you a little
17 bit earlier do you recall completing a
18 personal financial management training
19 from Sage Personal Finance?
20 A. I don't recall.
21 Q. Okay. This is 118.
22 (Exhibit 118, Sage Personal
23 Finance certificate was received
24 and marked on this date for
25 identification.)
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2 A. I recall you showing me the
3 document.
4 Q. I think that was for a
5 different training certificate. So this
6 one is titled certificate of debtor
7 education from Sage Personal Finance.
8 Do you see where it says, "I
9 certify that on" -- sorry -- "I certify
10 that on April 7th, 2015 Joseph Gurney
11 completed a course on personal financial
12 management given by sage personal finance
13 and approved provider of debtor education
14 in the Eastern District of North
15 Carolina?" Do you see that?
16 A. I do.
17 Q. And does this refresh your
18 recollection that you completed a course
19 on personal financial management in 2015
20 in connection with your bankruptcy
21 proceedings?
22 A. It does not. I don't recall
23 it.
24 Q. Did the way that you managed
25 your finances change in the aftermath of
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2 your bankruptcy?
3 MR. KIM: Objection, vague.
4 Q. You can answer, Mr. Gurney.
5 A. What's the question? Did the
6 management of my finances change?
7 Q. Did the way that you managed
8 your personal finances change in the
9 aftermath of your bankruptcy?
10 MR. KIM: Same objection.
11 Q. You can answer.
12 A. I don't think so.
13 Q. Prior to your bankruptcy did
14 you invest in the stock market?
15 A. I can't recall.
16 Q. Do you recall when about you
17 started investing in the stock market?
18 A. I cannot.
19 Q. Do you recall how you started
20 investing in the stock market, like, what
21 platform you used?
22 A. I cannot.
23 Q. You're a Robinhood customer,
24 correct?
25 A. I used Robinhood, yes.
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2 Q. Are you still a Robinhood
3 customer?
4 A. No.
5 Q. Do you know when you closed
6 your account?
7 A. I don't. I haven't had the app
8 or used that platform in some time but I
9 cannot assume or speculate when or how.
10 Q. When did you first hear about
11 Robinhood?
12 A. I don't recall.
13 Q. When you were a Robinhood
14 customer, how frequently would you trade
15 on the app?
16 A. I don't recall.
17 Q. Did you often look at things
18 on Robinhood, such as your actual
19 portfolio or company information without
20 actively trading?
21 A. I don't recall.
22 Q. Do you recall any features
23 that you used on the Robinhood app?
24 A. I do not.
25 Q. Other than Robinhood, have you
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2 ever used any other brokerages to invest
3 in the stock market?
4 A. I can't recall.
5 Q. Have you ever invested on
6 behalf of anyone else?
7 A. I can't recall.
8 Q. Have you ever hired an
9 investment or financial advisor?
10 A. I can't recall.
11 Q. How much time do you devote to
12 investing?
13 MR. KIM: Objection, vague.
14 A. Currently?
15 Q. Yes, currently.
16 A. How much time do I currently
17 -- what's the question again? How much
18 time do I what?
19 Q. Devote to investing.
20 A. I don't want to assume or
21 speculate. Very little to none.
22 Q. And in the past have you spent
23 -- dedicated more time to investing than
24 you do now?
25 A. I don't want to assume or
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2 speculate on times.
3 Q. I definitely don't want you to
4 assume or speculate, Mr. Gurney. But do
5 you have any recollection of spending
6 more time --
7 A. I don't.
8 Q. -- than you currently spend?
9 A. I don't.
10 Q. How would you describe your
11 investment philosophy?
12 A. I buy stocks at the time that
13 I like.
14 Q. Can you expand on that? How do
15 you decide what stocks you like?
16 A. If I like them, I buy them. If
17 it's somebody that I've used or asked
18 that I like I'll buy the stock.
19 Q. And how do you determine
20 whether or not you like the stock? What
21 sorts of information do you rely upon?
22 A. What's that? What form of
23 information do I rely on? I don't want to
24 assume or speculate on that. I don't -- I
25 pick a company that I like and I acquire
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2 the stock.
3 Q. And what factors contribute to
4 whether or not you like a stock?
5 A. I told you if I'm familiar or
6 used that product or company or have used
7 it in the past.
8 Q. So experience with the product
9 or service that the company provides,
10 that's how you determine whether or not
11 you like a stock?
12 A. That's part of it, yes.
13 Q. What other factors contribute
14 to whether or not you like a stock?
15 A. If I like what service they
16 provide.
17 Q. Are there any other
18 considerations --
19 A. No.
20 Q. -- that contribute to your
21 decision?
22 Do you research the specific
23 company online before making a -- before
24 purchasing a stock?
25 A. I wouldn't say that I do.
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2 Q. So you don't, for instance,
3 read SEC filings from the company?
4 A. Not that I can recall.
5 Q. Do you consider things like
6 earnings announcements?
7 A. No.
8 Q. Did you ever research the
9 stock on social media?
10 A. No.
11 Q. Can you walk me through how
12 you make a decision about when to sell a
13 stock?
14 A. When I feel like I want to
15 sell it.
16 Q. And what contributes to that
17 decision? Besides -- when do you feel
18 like you want to sell it?
19 MR. KIM: Objection, vague.
20 A. I don't want to assume or
21 speculate why I choose to sell a stock. I
22 can't tell you. I just choose to make a
23 purchase or choose to sell when I feel
24 like it.
25 Q. And you can't tell me or
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2 provide any color on why you feel like
3 you want to sell a stock at a certain
4 time?
5 A. No.
6 Q. Do you keep up-to-date on news
7 about the stock market?
8 A. No.
9 Q. Are there any particular news
10 segments or programs that you follow for
11 investing?
12 A. No.
13 Q. Do you subscribe to any
14 newsletters about investing?
15 A. No.
16 Q. Do you listen to any podcasts
17 about the market or investing?
18 A. No.
19 Q. Do you watch any television
20 show about the market or investing?
21 A. No.
22 Q. Do you follow any social media
23 sources for advice about the market or
24 investing?
25 A. No.
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2 Q. Do you consider yourself an
3 experienced investor?
4 MR. KIM: Objection, vague.
5 Q. Mr. Gurney, you can answer.
6 A. What's that?
7 Q. Do you consider yourself an
8 experienced investor?
9 MR. KIM: Same objection.
10 A. Have I invested? Yes.
11 Q. Do you consider yourself an
12 experienced investor?
13 MR. KIM: Same objection.
14 A. I think that's perception. I
15 don't know what each person's perception
16 is. My perception is I invest on how I
17 see fit. I don't assume or speculate my
18 knowledge or expertise on that. That's
19 what I can say.
20 Q. When you opened your Robinhood
21 account you described yourself as having
22 a high risk tolerance when you invest,
23 right?
24 MR. KIM: Objection to form.
25 Q. You can answer, Mr. Gurney,
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2 I'm not sure I heard you.
3 A. I can't recall.
4 Q. Let's take a look at a
5 document.
6 Megan, will you pull up tab
7 11? And this will be Exhibit 119. And I
8 believe it's on Exhibit Share now and
9 Megan is going to screen share it.
10 (Exhibit 119, Account Master
11 from Robinhood re: Joseph Gurney
12 information, Bates RHMDL00097255
13 was received and marked on this
14 date for identification.)
15 MR. KIM: I see it.
16 Q. So I put in front of you a
17 document called an Account Master that
18 Robinhood produced in connection with
19 this action. That's your name at the top,
20 right?
21 A. That's the name Joseph Gurney,
22 yes.
23 Q. Is the email address that's
24 listed here your email?
25 A. It appears so, yes.
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2 Q. Now, if you look to the third
3 page, do you see under Brokerage,
4 "likelihood to withdraw" -- excuse me --
5 under Brokerage the risk tolerance where
6 it says "higher"?
7 A. I do.
8 Q. Does this refresh your
9 recollection that when you opened your
10 Robinhood account you described yourself
11 as having a high risk -- a higher risk
12 tolerance?
13 A. I see what it says but I don't
14 recall opening that account or anything
15 that I did leading up to that account. I
16 do not recall.
17 Q. Sitting --
18 A. I see what you're showing me,
19 yes.
20 Q. Sitting here today, would you
21 characterize your risk tolerance as being
22 high when it comes to investing?
23 A. Currently?
24 Q. Yeah.
25 A. No.
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2 Q. And has that changed?
3 A. I'm not investing currently.
4 Q. Do you believe -- in the past
5 would you consider your risk tolerance
6 with respect to investing to have been
7 higher than it is today?
8 A. I can't say with any
9 certainty.
10 Q. What factors do you consider
11 when you analyze the riskiness of a
12 particular investment?
13 A. Again, I don't. I look at an
14 item to acquire. If I like it I buy it.
15 Q. And by "item" do you mean any
16 product or service that the company
17 provides?
18 A. I mean the stock or investment
19 at that time.
20 Q. And so you don't consider
21 whether or not it's a high risk
22 investment or not?
23 MR. KIM: Objection to form.
24 Q. You can answer.
25 A. I look at an investment. If I
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2 like the investment I buy it.
3 Q. Are you familiar with a
4 company called GameStop?
5 A. Yes.
6 Q. What kind of company is it?
7 A. It's -- it's a retail outlet.
8 Q. Have you ever done any
9 research into GameStop as a potential
10 investment?
11 A. I can't recall.
12 Q. Are you familiar with a
13 company called AMC?
14 A. Yes.
15 Q. What kind of company is it?
16 A. Movie theatres, I believe.
17 Q. And have you done any research
18 into AMC as a potential investment?
19 A. I can't recall.
20 Q. You can't recall ever
21 researching AMC as a potential
22 investment, right?
23 A. No. I bought the stock because
24 I take my kids there and I enjoy the
25 experience.
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2 Q. You don't know anything about
3 the finances or profits of AMC?
4 A. Currently? No.
5 Q. Did you ever?
6 A. I can't recall.
7 Q. Have you ever looked at AMC's
8 SEC filings?
9 A. I can't recall.
10 Q. Have you ever looked at AMC's
11 earnings announcements?
12 A. I can't recall.
13 Q. Have you ever looked at AMC's
14 press releases?
15 A. I can't recall.
16 Q. Have you ever looked at AMC's
17 company financials?
18 A. I can't recall.
19 Q. In January 2021 do you recall
20 any company announcements from AMC?
21 A. I can't recall.
22 Q. Do you recall any news about
23 AMC in January 2021?
24 A. Excuse me. I can't recall.
25 Q. Are you aware of AMC doing
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2 anything differently as a business in
3 2021?
4 A. I can't recall.
5 Q. Do you recall any news about
6 new products or developments at AMC?
7 A. I can't recall.
8 Q. Did you hear any news that
9 would impact the value of the company in
10 January 2021?
11 A. I can't recall.
12 Q. Did you consume any media
13 about AMC in January 2021?
14 A. I can't recall.
15 Q. So you can't recall, you know,
16 hearing or reading anything about AMC in
17 January 2021?
18 A. I can't recall.
19 Q. Did you hear about a potential
20 short squeeze in AMC in January 2021?
21 A. I can't recall.
22 Q. Did you see any retail
23 investors posting about AMC on social
24 media in January 2021?
25 A. I can't recall.
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2 Q. Are you familiar with a
3 company called Blackberry?
4 A. I am.
5 Q. What kind of company is it?
6 A. It's a retailer that does
7 phones.
8 Q. What kind of phone do you
9 have, Mr. Gurney?
10 MR. KIM: Right now?
11 A. Right now?
12 Q. A-hum.
13 A. What, personal phone? Work
14 phones? House phones?
15 Q. Work phones.
16 A. What are you talking about?
17 Q. What phone are you using right
18 now for this deposition?
19 A. What phone am I on currently,
20 is your question?
21 Q. Right. Is it an iPhone?
22 A. It is.
23 Q. Do you have any other
24 cellphones?
25 A. I do.
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2 Q. What kind of cellphones are
3 those?
4 A. Umm, to be honest, I don't
5 know all the phones that I have. I've got
6 five or six phones.
7 Q. What are all those phones for?
8 A. My kids have phones. You mean
9 that I pay for?
10 Q. I don't mean -- I mean phones
11 that you use, not your kids use.
12 A. How many phones do I have?
13 Currently I have two and they're iPhones.
14 Q. And in January of 2021 were
15 you also using an iPhone?
16 A. I can't recall.
17 Q. Do you have a Blackberry?
18 A. Currently?
19 Q. Yes.
20 A. No.
21 Q. Have you ever had a
22 Blackberry?
23 A. I can't recall.
24 Q. I think you testified earlier
25 that the main factor that you consider in
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2 whether or not to invest in a company is
3 whether or not you like its -- the
4 products or services that it provides; is
5 that right?
6 A. Right. Right. That's correct.
7 Q. Have you ever done any
8 research into Blackberry as a potential
9 investment?
10 A. I can't recall.
11 Q. Do you know anything about the
12 finances or profits of Blackberry?
13 A. I can't recall.
14 Q. Have you ever looked at
15 Blackberry's SEC filings?
16 A. I can't recall.
17 Q. In January 2021 do you recall
18 any company announcements from
19 Blackberry?
20 A. I can't recall.
21 Q. Can you describe any news that
22 you heard about Blackberry in January
23 2021?
24 A. I can't recall.
25 Q. Are you aware of anything
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2 Blackberry was doing differently as a
3 company in January 2021?
4 A. I can't recall.
5 Q. Are you aware of any new
6 products or developments that Blackberry
7 announced in January 2021?
8 A. I can't recall.
9 Q. Did you hear any news that
10 would impact the value of the company in
11 January 2021?
12 A. I can't recall.
13 Q. Did you hear about a potential
14 short squeeze in Blackberry in January
15 2021?
16 A. I can't recall.
17 Q. Did you see any retail
18 investors posting about Blackberry on
19 social media in January 2021?
20 A. I can't recall.
21 Q. Do you recall hearing about
22 any possible short squeezes in January
23 2021?
24 A. I can't recall.
25 Q. Have you heard the term meme
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2 stock before, Mr. Gurney?
3 A. What's the question?
4 Q. Have you heard the term meme
5 stock before?
6 A. I don't recall it.
7 Q. So to the best of your
8 recollection, you've never heard the term
9 meme stock before?
10 A. Not that I can recall.
11 Q. Do you know what a meme is?
12 A. I don't, not specifically.
13 Q. Have you ever visited
14 Wallstreetbets on Reddit?
15 A. I can't recall.
16 Q. Have you ever gone on Reddit,
17 Mr. Gurney?
18 A. I can't recall.
19 Q. You can't recall whether or
20 not you've ever looked at Reddit before?
21 A. I can't. I can't recall.
22 Q. Do you know what
23 Wallstreetbets is?
24 A. I can't recall. Is it -- what
25 is it?
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2 Q. It's a sub-Reddit but I gather
3 that if you've never been on Reddit or
4 don't recall ever being on Reddit before
5 then I assume you're not familiar with
6 it?
7 A. I don't recall.
8 MS. YOUNG: Megan, let's do
9 tab 9. And this will be 120.
10 (Exhibit 120, certification
11 with attached Schedule A re: Joseph
12 Gurney was received and marked on
13 this date for identification.)
14 Q. Can you identify this
15 document, Mr. Gurney?
16 A. Yes, a-hum.
17 Q. What is it?
18 A. Certification.
19 Q. This is the certification you
20 signed authorizing the Rosen Law Firm to
21 file this action on your behalf, right?
22 A. Correct.
23 Q. And the certification lists
24 all of the purchases and sales that
25 plaintiff has made in the affected
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2 securities for which plaintiff seeks
3 redress pursuant to the claims set forth
4 in the consolidated Complaint.
5 And Megan, if you can scroll
6 down.
7 Does this accurately display
8 your trading information at issue in this
9 action?
10 MR. KIM: Objection, vague.
11 Q. You can answer, Mr. Gurney.
12 A. What's your question? These
13 Blackberry purchases? Did I make them, is
14 what your question is?
15 Q. I'm asking whether this
16 accurately displays the trades that you
17 are suing on in this action?
18 MR. KIM: Objection, vague.
19 A. Yes. A-hum.
20 Q. So you're only seeking redress
21 for purchases of Blackberry?
22 MR. KIM: Objection.
23 A. No.
24 Q. Why no?
25 A. I'd like time to consult with
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2 my counsel.
3 Q. Well, you can't do that while
4 a question is pending, Mr. Gurney.
5 A. I don't -- I can't recall
6 currently. I'd have to look at all the
7 documents. I don't -- I don't currently
8 have all of those in front of me, so I
9 can't speculate.
10 Q. You also traded AMC between
11 January 28th, 2021 and February 4th,
12 2021, correct?
13 A. I can't recall.
14 Q. Did these purchases of
15 Blackberry that are listed here begin on
16 January 26th of 2021 -- January 27th,
17 2021, right?
18 A. That's what it says there.
19 Q. Did you previously ever trade
20 Blackberry prior to this time?
21 A. Hang on for me for one second.
22 Okay? Hang on.
23 (Pause in the proceedings.)
24 VIDEOGRAPHER: Did you want to
25 go off the record, counsel, or just
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2 stay on for the moment?
3 MS. YOUNG: Let's just stay
4 until he gets back.
5 VIDEOGRAPHER: Okay.
6 Q. Are you back?
7 A. I am back.
8 Q. Okay. Mr. Gurney, did you ever
9 trade Blackberry prior to January 2021?
10 A. I can't recall.
11 Q. Did you ever trade AMC prior
12 to January 2021?
13 A. I can't recall.
14 Q. Did you trade actively on your
15 Robinhood account prior to January 2021?
16 A. I can't recall.
17 Q. Okay. Let's go ahead and look
18 at 13. I can preview for you, Mr. Gurney,
19 the document I'm about to show you
20 includes your trading information from
21 your Robinhood account from December 2020
22 through beginning the March 2021. It has
23 your account number on it. If you want to
24 verify that for yourself I can pull up an
25 account statement but I will represent to
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2 you that --
3 MR. KIM: We'll accept your
4 representation that the account
5 number is the same.
6 Q. This is a little bit confusing
7 so I'll try to walk you through this. But
8 you can see these transactions are
9 recorded in Universal Time Coordinated
10 UTC, if you look at maybe the fifth or
11 sixth column at the top. And that's five
12 hours ahead of Eastern Standard Time.
13 At this point in time were you
14 in January 2021 you were living in
15 Georgia, right?
16 A. What's that, in January of
17 2021?
18 Q. Of 2021.
19 A. January of 2021 I'm trying to
20 think back here when I moved. I don't
21 recall. I really don't.
22 Q. Where did you live before
23 Georgia?
24 A. In North Carolina.
25 Q. Okay. So in either Georgia --
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2 both Georgia and North Carolina are in
3 the Eastern Time zone?
4 A. Right. Right.
5 Q. Okay. Thank you.
6 Let's look to the purchases of
7 AMC. If you look at the very first row,
8 do you see where it's a January 26th,
9 2021 trade where you purchased 20 shares
10 of AMC for $5 a share and that was at
11 3:23 UTC, which is 11 p.m. Eastern?
12 A. I see the document, yes.
13 Q. Was this the first time you
14 ever bought AMC?
15 A. I don't recall.
16 Q. Why did you decide to buy AMC
17 at this time?
18 A. I liked the stock.
19 Q. And why did you like the
20 stock?
21 A. As I said numerous times to
22 you --
23 Q. A-hum.
24 A. -- I like the company.
25 Q. Why didn't you purchase shares
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2 of AMC prior to January 26th?
3 MR. KIM: Objection, vague.
4 A. I have no idea.
5 Q. So you can't talk us through
6 your thinking about why you decided to
7 buy AMC at this time aside from the fact
8 that you liked the stock?
9 A. No, I did. I liked the stock.
10 I bought it.
11 Q. Was there anything in
12 particular that prompted this trade?
13 A. Not that I can recall.
14 Q. So you don't recall learning
15 anything new about the company, for
16 instance?
17 MR. KIM: Objection, asked and
18 answered.
19 A. I don't recall.
20 Q. Did you consider this a
21 long-term investment in AMC?
22 A. I buy a stock that I like and
23 I sell it when I like.
24 Q. How often do you usually hold
25 onto stocks that you acquire?
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2 MR. KIM: Objection, vague.
3 A. Various.
4 Q. So typically do you hold
5 stocks for hours? Days? Weeks? Months?
6 Years?
7 A. It varies, different.
8 Q. What determines, you know,
9 whether or not you hold onto a stock for
10 a long period of time or a shorter period
11 of time?
12 A. If I like a stock and I want
13 to buy it at that time, I buy it. If I
14 choose at that time to sell it, I choose
15 to sell it.
16 Q. Had you heard anything about a
17 possible short squeeze in AMC stock
18 around this time?
19 MR. KIM: Objection, asked and
20 answered.
21 Q. You can answer, Mr. Gurney.
22 A. I don't recall.
23 Q. Later in that day, you know,
24 you can see that you placed and then
25 cancel a number of other AMC orders. So,
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2 for instance, in the third row at 22:43
3 UTC you place an order and then you
4 cancel it. You can see the cancellation
5 and the order cancelled at UTC column.
6 Do you see those
7 cancellations?
8 A. I see the document, yes.
9 Q. Do you often cancel orders
10 after placing -- do you often cancel
11 purchase orders you place for certain
12 stocks?
13 MR. KIM: Objection, vague.
14 A. I buy a stock when I want to
15 buy it and I sell it when I think that I
16 want to sell it.
17 Q. Do you recall ever cancelling
18 purchase orders for stocks?
19 A. I don't recall.
20 Q. Do you recall why you
21 cancelled any of these orders of AMC
22 stock?
23 A. I don't recall.
24 Q. Do you recall the price of AMC
25 rising at the end of January 2021?
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2 A. I don't recall.
3 Q. On January 27th at 18:03 UTC,
4 which I think is 2 p.m. Eastern, you
5 purchase 1.2 shares of AMC for $15.73.
6 It's about two-thirds of the way down the
7 page. Do you see that?
8 A. Yes, I see the document.
9 Q. So AMC had gone up in price by
10 about $10 a share from your purchase the
11 day before on the 26th when you purchased
12 AMC for about $5.19 a share, right?
13 A. I don't recall.
14 Q. Well, do you see -- do you see
15 the price differential here?
16 A. I do. I do, yes.
17 Q. Okay. So that was roughly a
18 three times increase in the price that
19 you purchased the shares of AMC for on
20 January 26th, right?
21 A. I see what the document says,
22 yes.
23 Q. Do you consider that a
24 significant price increase?
25 MR. KIM: Objection, vague.
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2 Q. You can answer it.
3 A. What's the question? Do I
4 consider that significant?
5 Q. Do you consider --
6 A. No.
7 Q. So what would you consider a
8 significant increase in the price of the
9 share?
10 A. I don't -- the terminology is
11 vague.
12 Q. Do you have any understanding
13 why the share price of AMC increased so
14 significantly between January 26 and
15 January 27, 2021?
16 MR. KIM: Objection.
17 A. I don't know.
18 Q. Did you think that the price
19 of AMC's shares was justified by the
20 underlying fundamentals of the company?
21 MR. KIM: Objection, calls for
22 speculation.
23 Q. You can answer.
24 A. I can't -- I can't recall.
25 Q. Why did you decide to purchase
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2 more shares of AMC on January 27th?
3 A. I don't recall.
4 Q. Did you think that the price
5 of AMC was going to increase further
6 after this point in time on January 27th,
7 2021?
8 A. I don't recall.
9 Q. Let's look at the trades of
10 Blackberry. So three rows from the bottom
11 at 15:25 you purchased 2.14 shares of
12 Blackberry for $22.41 a share. Do you see
13 that?
14 A. I do see the sheet, yes.
15 Q. Is this the first time you
16 ever bought Blackberry?
17 A. I don't recall.
18 Q. Why did you decide to buy
19 Blackberry at this time?
20 MR. KIM: Objection, asked and
21 answered.
22 A. I don't recall.
23 Q. Is there anything in
24 particular that prompted you to make this
25 trade in Blackberry?
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2 A. I don't recall.
3 Q. Did you hear any company
4 announcements at this time in January
5 2021 related to Blackberry?
6 A. I don't recall.
7 Q. If you scroll, I guess it's at
8 the top of the next page, in the second
9 row it looks like 45 minutes after this,
10 your first Blackberry trade, you purchase
11 another 2.25 shares of Blackberry at
12 $23.31 a share -- or 23.12 a share.
13 A. Where are you? I'm having
14 trouble following along.
15 Q. 2.25.
16 A. Order quantity, I see that.
17 Q. Do you see that, for $23.31 a
18 share?
19 A. I see the sheet, yes.
20 Q. So why did you decide to buy
21 more shares of Blackberry at this time?
22 A. I don't recall.
23 Q. Did you learn any new
24 information about Blackberry that made
25 you believe that the company was
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2 undervalued?
3 A. I don't recall.
4 Q. And roughly two hours after
5 that, at 18:04 you purchase 4.41 at
6 $28.27 cents a share?
7 A. I see the sheet.
8 MR. KIM: Those are the order
9 prices. I think the execution
10 prices -- I don't know the
11 difference between the two, so I
12 don't -- is there a difference?
13 MS. YOUNG: I think that the
14 order price is what he paid.
15 MR. KIM: And what's execution
16 price?
17 MS. YOUNG: Let's just say --
18 let's just say, you know, purchases
19 between 22 and 23 dollars per
20 share.
21 MR. KIM: Oh, I see that's the
22 delta that Robinhood makes,
23 probably, right?
24 MS. YOUNG: Right.
25 MR. KIM: I gotcha.
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2 Q. So the share price was
3 continuing to increase since you made
4 purchases of Blackberry earlier in the
5 day, right?
6 A. I don't recall.
7 Q. Well, just looking at the
8 actual prices of these trades, right, so,
9 you know, you've got order prices for
10 22.41 and then you've got -- they're
11 increasing throughout the day when you're
12 purchasing more shares later at $23 per
13 share, right?
14 A. I see the sheet.
15 Q. But is there any reason you
16 bought more shares of Blackberry at this
17 point in time specifically?
18 A. I don't recall.
19 Q. Now, at 18:57 you buy I think
20 it's 7.4 more shares of Blackberry for
21 about $28 a share, right?
22 A. I see the sheet.
23 Q. Do you have any recollection
24 of why you made this trade at this time?
25 A. I don't recall.
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2 Q. And two minutes after that at
3 18:59 you buy 24 shares at $28.22 a
4 share. Do you see that? This is three
5 rows from the bottom.
6 A. I see the sheet.
7 Q. Do you know why you placed
8 this trade?
9 A. I don't recall.
10 Q. Do you often trade the same
11 security multiple times during the --
12 during a single day?
13 MR. KIM: Objection, vague.
14 A. I buy a stock when I choose to
15 buy it and I sell it when I want to sell
16 it.
17 Q. Do you ever trade the same
18 security multiple times during the same
19 day?
20 A. I don't recall.
21 Q. But will you acknowledge that
22 you did so on this day, on January 27th,
23 2021, you traded -- you made multiple
24 trades in Blackberry on the same day?
25 A. I see the paper and what it
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2 says, yes.
3 Q. And nobody else was trading in
4 your Robinhood account at that time,
5 right?
6 A. No.
7 Q. You were placing these trades,
8 right?
9 A. Yes.
10 Q. And you continued to buy the
11 stock throughout the day, right?
12 A. What's that?
13 Q. You continued to buy
14 Blackberry throughout the day?
15 A. What does it say there?
16 Q. I'm not sure I understand your
17 question.
18 A. Well, you said I continued to
19 buy throughout the day.
20 Q. You continued to buy
21 throughout the day on January 27th, 2021,
22 right?
23 A. That's what the sheet says,
24 yes.
25 Q. Is that because you thought
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2 that the price of Blackberry would
3 increase?
4 A. I don't recall.
5 Q. Why didn't you just execute a
6 single order for Blackberry, like, one
7 trade?
8 A. I don't recall.
9 Q. Other than the stocks that
10 we've discussed, AMC and Blackberry, did
11 you consider trading any other stocks
12 around this time?
13 A. I don't recall.
14 Q. Mr. Gurney, you're aware that
15 Robinhood implemented certain purchases
16 restrictions on its platform on January
17 28, 2021, right?
18 A. I don't recall.
19 Q. I think earlier today you
20 testified that you brought suit against
21 Robinhood because Robinhood suspended I
22 think you referred to it as the buy
23 button, right?
24 A. Right.
25 Q. But you don't recall whether
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2 or not Robinhood implemented certain
3 purchase restrictions around this time?
4 A. I don't know what restrictions
5 they implemented. I know that I could not
6 complete actions at that time, yes.
7 Q. Okay. So you're aware that
8 Robinhood implemented those restrictions
9 on its platform on January 28th, right?
10 A. I don't know what they
11 implemented. I don't want to assume or
12 speculate. I know that I could not
13 complete those transactions and those
14 obvious restrictions were in place that I
15 could not facilitate that action.
16 Q. What actions were you trying
17 to take?
18 A. I was trying to buy and sell
19 stocks.
20 Q. Buy what? What stocks were you
21 trying to buy?
22 A. I can't recall specifics.
23 Q. But your testimony is today
24 that you tried to place orders on
25 Robinhood's platform on January 28th and
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2 you were unable to place those orders?
3 MR. KIM: That's not what he
4 said. But objection to form.
5 Q. What were you unable to sell
6 on Robinhood?
7 A. Robinhood hit the stop button
8 on those transactions. I can't recall
9 what each transaction was.
10 Q. What do you mean by "the stop
11 button"?
12 A. Market manipulation.
13 Q. Can you explain again what
14 actions you were trying to take on
15 Robinhood's platform that you were unable
16 to?
17 A. I can't recall each specific
18 transaction.
19 Q. Were there orders that you
20 wanted to place to purchase certain
21 shares that you were unable to purchase
22 on Robinhood's platform?
23 A. Yes.
24 Q. What stocks?
25 A. I can't recall.
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2 Q. And when were you unable to do
3 this?
4 A. I can't recall.
5 Q. And did you testify you were
6 also unable to sell certain securities on
7 Robinhood's platform around this time?
8 A. I would have to -- to go back
9 and look and see. I can't recall each
10 transaction or those transactions that I
11 was -- each one of that time period.
12 Q. So for the stop button that
13 you described, how did you become aware
14 of that?
15 A. Umm, I became aware of it,
16 umm, a few days later from, umm, or
17 sometime later from a friend.
18 Q. I thought you testified that
19 you wanted to purchase certain shares and
20 were unable to do that at the time?
21 A. Right.
22 Q. So were you not aware of
23 issues or with a restriction on
24 Robinhood's platform at that time?
25 A. I was but I didn't know why.
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2 Q. So what is it that you heard
3 from a friend later?
4 A. That there was market
5 manipulation, that they hit the stop
6 button.
7 Q. But you were previously aware
8 that they had hit the stop button, as you
9 described it, right?
10 A. I was aware that I was unable
11 to complete those transactions, that's
12 correct.
13 Q. Right. So when you tried to
14 trade, you didn't see the purchase
15 button? You weren't able to complete that
16 trade, right?
17 A. Right. I was not able to trade
18 that stock, yes.
19 Q. So what is it you're -- more
20 precisely that your friend told you a few
21 days after about those restrictions?
22 A. That's what he said.
23 Q. And what was that again?
24 A. That it was market
25 manipulation and they hit the stop
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2 button.
3 Q. Who is this friend?
4 A. What's that?
5 Q. Who is the friend that you
6 were speaking with about this?
7 A. His name was David. I don't
8 recall his last name.
9 Q. Do you recall reviewing any
10 information on the Robinhood app
11 regarding the restrictions?
12 A. I don't recall.
13 Q. Do you recall --
14 A. Hang on for me for one second.
15 Give me about two minutes.
16 MR. KIM: Maybe we take five
17 minutes.
18 MS. YOUNG: Yeah. Can we
19 actually do ten?
20 MR. KIM: Ten? All right.
21 VIDEOGRAPHER: All right.
22 Going off the record. The time is
23 12:43 p.m. This is the end of
24 Media Unit 2.
25 (Recess is taken.)
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2 VIDEOGRAPHER: We're back on
3 the record. The time is 1:01 p.m.
4 This is the beginning of Media Unit
5 3.
6 Q. Mr. Gurney, right before the
7 break we were talking about issues or an
8 issue you had trying to trade on
9 Robinhood's app in January 2021, right?
10 A. Right.
11 Q. I know you don't recall the
12 stocks you were trying to trade but can
13 you just explain to me what issue you had
14 trying to trade on Robinhood's app in
15 January 2021?
16 A. It would not allow me to
17 trade.
18 Q. Were there orders that you
19 wanted to place to sell certain shares
20 that you were unable to sell on
21 Robinhood's platform?
22 A. The attempts that I made at
23 that time were not allowed. They were
24 restricted in scope.
25 Q. And were the attempts that you
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2 were trying to make, were those to
3 purchase or sell shares?
4 A. I can't recall -- what's that?
5 Q. I said, and were those
6 attempts that you were trying to make,
7 were those to purchase or sell shares?
8 A. I can't recall the specifics.
9 MS. YOUNG: Megan, let's look
10 at previously marked Exhibit 6.
11 We're going to pull up a document
12 for you, Mr. Gurney.
13 (Exhibit 6, Robinhood document
14 entitled Keeping Customers Informed
15 Through Market Volatility, Bates
16 RHMDL0002200, having been
17 previously marked, is shown to the
18 Deponent.)
19 Q. I think it should be available
20 in Exhibit Share but we'll also screen
21 share it.
22 Mr. Gurney, does this look
23 familiar to you?
24 A. No, it doesn't.
25 Q. So now, if we go to the text,
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2 Megan, if you can scroll a little bit, do
3 you see there's this paragraph, this is
4 the second paragraph about "restricting
5 transactions for certain securities to
6 position closing only including AMC,
7 Blackberry", and a couple of other
8 stocks? Do you see that?
9 A. I do see the paper.
10 Q. And did you understand -- do
11 you understand position closing only to
12 refer to the buy button that I think you
13 mentioned earlier?
14 A. What's your question?
15 Q. The issues that you were
16 having with the buy button, does that
17 refer -- is it your understanding that
18 refers to the position closing only
19 change that was made at this time on
20 January 28th, 2021?
21 A. I don't know about the
22 verbiage or, excuse me, the vernacular
23 that you're using. I can say that I was
24 unable to complete transactions. I see
25 this paperwork in front of me. I don't
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2 recall it. I do not recall it.
3 Q. And you don't recall what
4 securities you were trying to trade that
5 you weren't able to at this time, right?
6 MR. KIM: Objection to form.
7 Q. Do you recall what securities
8 you were trying to trade that you weren't
9 able to trade at that time, Mr. Gurney?
10 A. Yes. Blackberry and AMC were
11 the transactions I believe that I was
12 unable to facilitate.
13 Q. But you don't recall whether
14 or not you were trying to buy or sell
15 shares of Blackberry or AMC at this time?
16 A. Yes, I was -- I can't recall
17 in detail what those specifics of the
18 transactions were, but I knew that I was
19 trying to make attempts to trade the
20 stock and was not allowed to trade the
21 stock.
22 Q. Around this time do you recall
23 hearing anything about the reason that
24 Robinhood implemented any restrictions?
25 A. I do not recall.
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2 MS. YOUNG: Let's go back to
3 the pdf Excel that we were just
4 looking at earlier with your
5 trades. Megan, can pull it up.
6 What exhibit number is that? 121?
7 So we'll pull that back up.
8 (Exhibit 121, pdf spreadsheet
9 of trades by Joseph Gurney, Bates
10 RHMDL00097432.001 was received and
11 marked on this date for
12 identification.)
13 Q. And now, we'll look at your
14 trades from January 28th and let's look
15 first at Blackberry. So if we look at the
16 second page, two rows up from the bottom,
17 here we can see that you placed an order
18 to sell 41.01 shares of Blackberry for
19 $17 on January 28th, right?
20 A. I see the paper, yes.
21 Q. Why did you decide to sell
22 these shares of Blackberry at this time?
23 A. I buy stock when I want to buy
24 and I sell it when I want to sell it.
25 Q. So what influenced your
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2 decision to sell Blackberry at this time
3 on January 28th?
4 A. I just wanted to sell the
5 stock.
6 Q. Why did you want to sell the
7 stock?
8 A. I don't recall.
9 Q. Did you read any news about
10 the company around this time?
11 A. I don't recall.
12 Q. Did you discuss your decision
13 to sell with anybody?
14 A. I don't recall.
15 Q. Do you recall learning or
16 hearing about anything indicating the
17 stock price may decline?
18 A. I don't recall.
19 Q. You don't recall why you
20 decided to sell your shares of Blackberry
21 just one day after you bought them?
22 A. I don't --
23 MR. KIM: Objection, asked and
24 answered.
25 A. I don't -- I don't recall.
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2 MS. YOUNG: Let's look the your
3 trades of AMC on January 28th.
4 Megan, if you can scroll to the
5 first page.
6 Q. You can see that on January
7 28th you sold 21.27 shares of AMC for
8 $8.01 a share. Do you see that? Do you
9 see that, Mr. Gurney?
10 A. I see the sheet, yes.
11 Q. Now, in the time associated
12 with it is 15:31 UTC on January 28. And
13 if we look back at the Blackberry sale
14 that we just looked at, that's the exact
15 time that you sold your shares of
16 Blackberry too, right?
17 A. I see the sheet.
18 Q. Why did you sell your shares
19 of AMC and Blackberry at the same time?
20 A. I don't recall.
21 Q. Did you consider your AMC and
22 Blackberry investments related?
23 A. I don't recall.
24 Q. Do you recall making the sale
25 of AMC?
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2 MR. KIM: Objection, vague.
3 Q. You can answer, Mr. Gurney.
4 A. What's that?
5 Q. Do you recall making this AMC
6 trade on January 28th?
7 A. I don't recall.
8 Q. So you don't recall any, you
9 know, what motivated you to sell AMC on
10 January 28th?
11 A. I don't recall.
12 Q. You don't recall learning
13 anything about AMC indicating that the
14 stock price may decline?
15 A. I don't recall.
16 Q. If you look back up to the top
17 row your first purchase of 20 shares of
18 AMC on January 26 was for $5.19 a share
19 and you sold on January 28th for more
20 than $8 a share, right?
21 A. I see the sheet.
22 Q. So you made a profit selling
23 AMC at this time, right?
24 MR. KIM: Objection to form.
25 Q. Mr. Gurney?
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2 A. What's that?
3 Q. So you made a profit selling
4 AMC at this time, right?
5 MR. KIM: Same objection.
6 MS. YOUNG: Is he frozen?
7 MR. KIM: I think so.
8 VIDEOGRAPHER: Yes, we have a
9 connection issue again.
10 A. It would appear so.
11 MR. KIM: I think he said it
12 appears so.
13 MS. YOUNG: Can I just ask it
14 again so we have it?
15 Q. So you made a profit trading
16 AMC at this time, right, in January 2021?
17 A. I see the sheet. It appears
18 so.
19 Q. Thank you. Megan, let's pull
20 up tab 8. I think this will be Exhibit
21 122.
22 (Exhibit 122, Robinhood
23 account statement from January 1st,
24 2021 to January 31st, 2021, Bates
25 RHMDL00093680 was received and
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2 marked on this date for
3 identification.)
4 Q. It should be available on
5 Exhibit Share now and we'll pull it up. I
6 can represent to you, Mr. Gurney, that
7 this is a copy of a Robinhood account
8 statement from January 1st, 2021 to
9 January 31st, 2021.
10 I think you can see your name
11 and that was probably your address in
12 North Carolina up at the top. Do you see
13 that?
14 A. I do see the sheet.
15 Q. Thank you. If we go to the
16 section titled Portfolio Summary, so this
17 chart indicates at the end of January
18 2021 a little over 30% of your portfolio
19 was in AMC stocks and that 63% of your
20 portfolio was Blackberry stock, right?
21 A. I see the sheet, yes.
22 Q. I think you testified today
23 that you don't currently have any
24 investments in the stock market; is that
25 right?
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2 A. Not that I'm aware of.
3 Q. You don't currently own any
4 shares, any stocks?
5 MR. KIM: Objection, asked and
6 answered.
7 A. No, I don't.
8 Q. When did you stop investing in
9 the stock market?
10 A. I don't recall.
11 Q. Is it correct that in January
12 2021 you didn't buy or sell any shares of
13 Bed Bath & Beyond?
14 A. I don't recall.
15 Q. Do you recall buying or
16 selling any shares of Nokia in January
17 2021?
18 A. I don't recall.
19 Q. Did you buy or sell any shares
20 of Express in January 2021?
21 A. I don't recall.
22 Q. Did you buy or sell any shares
23 of KOF (ph)?
24 A. I don't recall.
25 Q. In January 2021, did you buy
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2 or sell any shares of GameStop?
3 A. I don't recall.
4 Q. In January, 2021 did you buy
5 or sell any shares of Travago?
6 A. I don't recall.
7 Q. And in that same period
8 January 2021 did you buy or sell any
9 shares of Tootsie Roll?
10 A. I don't recall.
11 Q. Did you consider buying any of
12 these -- buying shares of any of those
13 stocks in January 2021?
14 A. I don't recall.
15 Q. And to confirm, you don't hold
16 any of these stocks today, right?
17 A. Not to my knowledge.
18 Q. Mr. Gurney, what is your role
19 in this lawsuit?
20 A. I'm a plaintiff in a class
21 action lawsuit.
22 Q. And what does it mean to be a
23 named plaintiff?
24 A. A plaintiff in the case.
25 Q. Do you know what a class
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2 representative is?
3 A. Yes.
4 Q. What's your understanding of
5 what a class representative is?
6 A. That you're in a group in an
7 action that is being taken and you're
8 part of that.
9 Q. Are you seeking to be a class
10 representative in this action?
11 A. That's correct.
12 Q. And what do you understand
13 your responsibilities to be in this role?
14 A. To look out for the best
15 interests of all people involved.
16 Q. How did you first hear about
17 this lawsuit?
18 A. How did -- what's the
19 question? I'm sorry.
20 Q. How did you first hear about
21 this lawsuit?
22 A. I contacted the -- my
23 attorneys that are here, the legal team
24 that currently represents me.
25 Q. When did you become aware of
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2 the Rosen firm?
3 A. I don't recall.
4 Q. Why did you reach out to them
5 about this action?
6 A. I don't recall.
7 Q. Why do you want to be a named
8 plaintiff?
9 A. Why do I want to be a named
10 plaintiff?
11 Q. A-hum.
12 A. Because there was market
13 manipulation and Robinhood did not allow
14 me to complete trade transactions.
15 Q. You've mentioned market
16 manipulation a couple of times.
17 What does market
18 manipulation mean to you?
19 A. Exactly that.
20 Q. Can you expand on that, Mr.
21 Gurney?
22 A. It means there were attempts
23 to manipulate the market nefariously.
24 Q. Who was manipulating the
25 market?
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2 A. What's that?
3 Q. Who was manipulating the
4 market?
5 A. The defendant.
6 Q. Mr. Gurney, a few moments ago
7 we looked at your trades of AMC and
8 Blackberry on January 28th, right?
9 A. I believe so.
10 Q. And you were able to sell
11 shares of AMC and Blackberry on January
12 28th, 2021, right?
13 A. I believe that's correct.
14 Q. And were you forced to sell
15 those shares?
16 MR. KIM: Objection, vague.
17 A. What's that? Am I forced?
18 Define "forced" first.
19 Q. Did Robinhood require you to
20 sell those shares?
21 MR. KIM: Same objection.
22 A. Did Robinhood require me to
23 sell shares of a stock, is what your
24 question is? Is that your question?
25 Q. To sell your shares of AMC or
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2 Blackberry that you sold on January 28th,
3 2021.
4 A. I'm just making sure I hear
5 the question.
6 Q. Right.
7 MR. KIM: Same objection.
8 A. No, they did not require me
9 to.
10 Q. Because you decided to sell
11 because you wanted to sell at that time,
12 right, on January 28th, 2021?
13 A. I buy stock --
14 MR. KIM: Objection asked and
15 answered.
16 A. I buy a stock when I want to
17 buy a stock and I sell it when I want to
18 sell it.
19 Q. And you wanted to sell your
20 shares of AMC and Blackberry on January
21 28th, 2021, right?
22 MR. KIM: Same objection.
23 Q. You can answer, Mr. Gurney.
24 MR. KIM: Same objection.
25 A. Yeah. I wanted to complete
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2 transactions.
3 Q. And you were able to. You
4 were able to sell your shares of
5 Blackberry and AMC on January 28th, 2021;
6 isn't that right?
7 MR. KIM: Objection, asked and
8 answered.
9 Q. You can answer, Mr. Gurney.
10 A. Was I able to sell at that
11 time those stated stocks as the sheet
12 shows that was presented, is what your
13 question is? I'm just trying to be
14 specific. Is that what you're asking?
15 Q. Is it --
16 A. On the date and time that you
17 say you stated, for the record, did --
18 was I able to execute a sale of that --
19 those stocks on the date that the sales
20 were issued? Is that your questions?
21 Q. Yes. My question is, were you
22 able to sell your shares of AMC and
23 Blackberry on January 28th, 2021?
24 A. Yes.
25 Q. And you decided to sell those
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2 shares because you wanted to?
3 MR. KIM: How many times are
4 we going to go over this?
5 Q. Right?
6 MR. KIM: How many times -- I
7 mean this is ridiculous.
8 Q. You can answer, Mr. Gurney.
9 MR. KIM: You're asking him
10 the same question.
11 A. What is the question again?
12 Yes. What was the question? What is the
13 question?
14 Q. You wanted to sell your shares
15 of Blackberry and AMC on January 28th,
16 2021, right?
17 MR. KIM: Objection, asked and
18 answered.
19 A. Yes.
20 Q. And you sold those shares at
21 that time because you felt like it,
22 right?
23 MR. KIM: No, he looked into a
24 crystal ball. Like,come on. You
25 ask him the same question over and
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2 over again.
3 Q. You can answer, Mr. Gurney.
4 A. Yes.
5 Q. And you profited on your AMC
6 trades, right?
7 MR. KIM: Objection, asked and
8 answered.
9 A. I saw the paper. It appears
10 so, at that time.
11 Q. Excluding your deposition
12 today, how much time have you spent on
13 things related to this lawsuit?
14 A. I don't want to assume or
15 speculate on specifics.
16 Q. It doesn't need to be a
17 specific answer, even just an approximate
18 sense of how much time you dedicated to
19 this action, aside from preparing for
20 your deposition?
21 A. I'd say a substantial amount.
22 Q. A substantial amount, is that
23 what you said?
24 A. Yes.
25 Q. So have you read the Complaint
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2 or other filings?
3 A. I've read the Complaint.
4 Q. Have you read any of the other
5 filings in this case?
6 A. I have.
7 Q. Have you reviewed other
8 documents related to the case in this
9 action?
10 A. Hang on one second. What's the
11 question? Sorry. I'm looking for
12 something.
13 Go ahead. What was your
14 question? I've reviewed documents on this
15 case, yes.
16 Q. How frequently have you had
17 meetings or phone calls with counsel?
18 A. I've met with counsel.
19 Q. How frequently have you met
20 with counsel or spoken with counsel in
21 this action?
22 A. I've spoken with counsel
23 during this process, yes.
24 Q. How frequently have you spoken
25 with counsel in this action?
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2 A. I don't want to assume or
3 speculate how frequent. It's been a long
4 time. It's been a long increment of time,
5 right? I don't want to make an
6 assumption.
7 Q. Would you say that you speak
8 with counsel on this action on a weekly
9 basis? A monthly basis?
10 A. I've spoken to them
11 frequently, I'd say.
12 Q. I think you testified that
13 you've dedicated a substantial amount of
14 time to this action, right?
15 A. Right. Right.
16 Q. What is most of that time --
17 what have you been doing for most of that
18 time?
19 A. Explain, what's your -- what
20 do you mean?
21 Q. You said that you dedicated a
22 substantial amount of time to this
23 action.
24 A. Right.
25 Q. What has taken so much time?
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2 A. Reviewing documents, speaking
3 to counsel, looking at the Complaint, a
4 substantial amount of time.
5 Q. Do you know, do you understand
6 what the class is in this lawsuit?
7 A. Explain.
8 Q. This is a class action, right?
9 A. Right.
10 Q. So who makes up the class in
11 this case?
12 A. The plaintiffs in the case.
13 Q. Right. So who are the
14 plaintiffs in this case?
15 (Connection interruption.)
16 A. That would be -- what's that?
17 MR. KIM: I think you got to
18 start your answer again. You kind
19 of cut out there.
20 A. Okay. What was the question?
21 I'm a plaintiff in the case, yes. There
22 are other plaintiffs in the case that are
23 listed in the Complaint that you have a
24 copy of.
25 Q. What is your understanding of
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2 Robinhood's business?
3 A. Explain. What's your question?
4 What do you mean? What? I'm confused
5 about the question. Clarify.
6 Q. Is there a latency issue?
7 A. What's that?
8 Q. I think there's a latency
9 issue? Is your internet stable right
10 now?
11 A. It is. My internet is stable.
12 MR. KIM: It looks good here.
13 Q. What do you understand
14 Robinhood's business to be? What is their
15 app? What service do they offer?
16 A. It's a trade platform.
17 Q. And what are you alleging that
18 Robinhood did wrong?
19 A. It hit the stop button. I've
20 said that.
21 Q. And why is that wrong?
22 A. Because it's -- it doesn't
23 allow me to trade freely of those
24 specific actions.
25 Q. And why is that unlawful?
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2 A. Because it's -- it is. It's
3 illegal. You can't do it.
4 Q. Are you alleging that
5 Robinhood's trading restrictions caused
6 you to lose money on Blackberry, on your
7 Blackberry shares?
8 MR. KIM: Objection, calls for
9 a legal conclusion.
10 A. I buy a stock when I want to
11 buy a stock, I sell it when I want to
12 sell it. It did not allow me, as you
13 know, right, to facilitate those needs,
14 okay? It was market manipulation and
15 that's...
16 Q. So what trade were you unable
17 to make?
18 MR. KIM: Objection, asked and
19 answered.
20 A. I've stated that.
21 Q. You can answer.
22 A. I have.
23 Q. Okay. What trades were you
24 unable to make? What trade were you
25 unable to make?
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2 MR. KIM: Same objection.
3 A. I was unable to make those
4 actions and trades on that -- on that
5 period of time.
6 Q. Just to clarify, Mr. Gurney,
7 are you saying that you wanted to
8 purchase shares of AMC or Blackberry
9 around that time and you were unable to
10 do so?
11 MR. KIM: Objection to form.
12 Asked and answered. Go ahead.
13 A. I was not allowed to
14 facilitate trades on the Robinhood
15 platform. They put restrictions on the
16 platform. That's correct, yes.
17 Q. Do you recall anything more
18 specific about what you wanted to do on
19 the platform that you couldn't do?
20 MR. KIM: Objection, asked and
21 answered.
22 A. Complete trades, transactions.
23 I just stated that for the record.
24 Q. So did you want to purchase
25 shares of AMC or Blackberry on January
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2 28th?
3 MR. KIM: Objection, asked and
4 answered.
5 A. I wanted to complete
6 transactions. I was not allowed to
7 complete transactions, yes.
8 Q. To confirm my understanding,
9 were the transactions that you wanted to
10 complete purchases of shares of AMC or
11 Blackberry?
12 A. I wanted to complete
13 transactions. I was not allowed to
14 complete transactions. Those transactions
15 could be buy or sell of those stocks or
16 trades were not allowed.
17 Q. But we just --
18 A. I've explained that and
19 articulated that clearly.
20 Q. Mr. Gurney, you were able to
21 sell your shares of Blackberry and AMC on
22 January 28th, right?
23 MR. KIM: Objection, asked and
24 answered.
25 A. I've answered that.
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2 Q. And what was your answer?
3 MR. KIM: I mean, how many
4 times do we have to go over this?
5 A. This is --
6 Q. You can answer, Mr. Gurney.
7 A. I know I can. Yes.
8 Q. Okay. So are you also claiming
9 that in addition to selling those shares
10 on January 28th, you also wanted to
11 purchase shares of Blackberry and AMC on
12 January 28th?
13 A. I'm saying that I attempted
14 transactions, okay, and you have that
15 information there. I attempted
16 transactions. I was not allowed to
17 complete transactions because Robinhood
18 hit the stop button.
19 Q. And those transactions that
20 you wanted to complete were purchases of
21 those stocks, right?
22 A. I was not allowed to complete
23 transactions on the Robinhood app that I
24 was attempting to complete.
25 Q. The friend David that you
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2 mentioned earlier, Mr. Gurney, I think
3 that you said you didn't recall his
4 surname. How did you know David?
5 A. He worked out at the gym that
6 I was working out at at the time.
7 Q. Okay. How long did you know
8 him?
9 A. I can't recall.
10 Q. Can you just tell me again
11 what it is that he told you --
12 MR. KIM: Objection, asked and
13 answered.
14 Q. -- around this time related to
15 the --
16 MR. KIM: Objection.
17 Q. -- period we've been asking?
18 MR. KIM: Objection to the
19 form of the question.
20 Q. Let me just ask a better
21 question.
22 Can you tell me again --
23 A. What's that?
24 Q. -- about this
25 conversation with David and--
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2 MR. KIM: Objection, asked and
3 answered.
4 A. Market -- somebody has a --
5 somebody has a dog in the background. I
6 just want to say that for the record.
7 MR. KIM: Not me. Do you hear
8 barking?
9 A. Does somebody got a canine
10 available?
11 (Reporter clarification.)
12 THE WITNESS: Okay.
13 Q. I'm sorry.
14 Can you tell me what you
15 recall about this conversation with David
16 concerning Robinhood?
17 MR. KIM: Objection, asked and
18 answered.
19 Q. You can answer.
20 A. It was market manipulation and
21 that Robinhood hit the stop button.
22 Q. I'm not sure I caught that
23 last bit.
24 (Connection interruption.)
25 A. -- for the record.
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2 Q. I think your --
3 MR. KIM: You cut out for a
4 second, Joe. Can you just repeat
5 the answer yet again?
6 A. The market manipulation and
7 that Robinhood hit the stop button. I've
8 stated that previous for the record
9 again.
10 Q. Is it your position that there
11 are no other events that could have
12 caused the stock price of Blackberry to
13 decline on January 28, 2021?
14 A. I don't recall.
15 Q. I think you said this earlier
16 but you don't still use Robinhood; is
17 that right?
18 A. I don't use the platform. I
19 don't trade any stocks currently.
20 Q. Did you trade stocks prior to
21 January 2021?
22 MR. KIM: Objection.
23 A. I don't recall.
24 Q. Mr. Gurney, are you aware that
25 a request for the production of documents
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2 was served on you through your counsel?
3 THE REPORTER: He might be
4 frozen.
5 MS. YOUNG: Yeah.
6 VIDEOGRAPHER: Would you like
7 to go off the record?
8 MS. YOUNG: Maybe we need --
9 should we take a break now?
10 MR. KIM: I mean maybe, like,
11 five minutes? How much more do you
12 think you have?
13 MS. YOUNG: Not a ton, but if
14 we keep having these issues then it
15 will take longer, obviously.
16 I think we hear him. Joe, can
17 you hear us?
18 THE WITNESS: Yes.
19 MR. KIM: Your video is not
20 moving.
21 MS. YOUNG: Let's just take
22 ten.
23 THE WITNESS: Yeah, I can hear
24 you fine. I'm hearing everything.
25 MR. KIM: Here you go. We're
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2 back.
3 Q. Mr. Gurney, are you aware that
4 a request for the production of documents
5 was served on you, that a request for the
6 production of documents was served on you
7 through your counsel?
8 A. Yes.
9 Q. Have you seen those document
10 requests?
11 A. I have those documents.
12 Q. When were you first informed
13 of those requests?
14 A. I don't recall.
15 Q. Do you understand that you had
16 obligations related to those requests?
17 A. I don't -- I don't recall.
18 Q. Did you preserve documents
19 that relate to the events that you are
20 alleging in this lawsuit?
21 A. I presented my documents to my
22 attorneys.
23 Q. And did you take steps to
24 preserve documents?
25 A. I acquired the documents and
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2 sent them to my attorney.
3 Q. Have you discarded any
4 documents that relate to Blackberry?
5 A. No.
6 Q. Or AMC?
7 A. No.
8 Q. Or Robinhood?
9 A. No.
10 Q. So upon learning about these
11 document requests, where did you search
12 for potentially responsive documents?
13 A. The documents I had already.
14 Q. What documents? What documents
15 are you referring to?
16 A. Is that a question for me or
17 someone else?
18 Q. I think you said --
19 A. There is a lot of people
20 talking and I don't know who's talking to
21 who.
22 Q. I'm talking to you.
23 A. Okay.
24 Q. I asked where you searched for
25 potentially responsive documents.
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2 A. I don't recall.
3 Q. Did you have a personal
4 computer?
5 A. Do I have a personal computer?
6 Yes.
7 Q. Did you check any electronic
8 files for it on that computer?
9 A. I don't recall.
10 Q. You don't recall whether or
11 not you searched your computer for
12 potentially responsive documents?
13 A. I -- I don't recall if I
14 searched my personal computer for
15 documents related to this case. I don't
16 recall.
17 Q. Did you search any of your
18 email accounts for emails to be
19 responsive to these requests?
20 A. I don't recall.
21 Q. Do you have any hardcopy files
22 that might have responsive information?
23 A. I don't recall.
24 Q. Have you communicated with
25 anybody regarding, aside from your
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2 counsel, regarding your investments in
3 Blackberry or AMC?
4 A. Have I talked to anybody about
5 investing in AMC or Blackberry or
6 anything else? Have I spoken to anyone
7 about it?
8 Q. Yes. Have you communicated
9 with anybody regarding your investments
10 in Blackberry or AMC?
11 A. I don't recall.
12 Q. I think you said earlier that
13 you have an iPhone, right?
14 A. I do.
15 Q. Did you search your text
16 messages for any that might be relevant
17 to this case?
18 A. I don't recall.
19 Q. You don't recall whether or
20 not you searched your phone for
21 responsive material?
22 A. I don't recall, no.
23 Q. Did you provide any documents
24 to your counsel in connection with those
25 discovery requests?
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2 A. I did present documents to my
3 legal counsel.
4 Q. And what documents were those?
5 A. I don't recall.
6 Q. Do you recall providing any
7 documents aside from the resumé that we
8 looked over earlier today?
9 A. I don't recall.
10 MS. YOUNG: Let's take a
11 break.
12 MR. KIM: How long, like five,
13 ten minutes?
14 MS. YOUNG: Let's do 15
15 minutes.
16 MR. KIM: 15?
17 MS. YOUNG: A-hum.
18 VIDEOGRAPHER: All right.
19 Going off the record. The time is
20 1:44 p.m. This is the end of Media
21 Unit 3.
22 (Recess is taken.)
23 VIDEOGRAPHER: We're back on
24 the record. The time is 2:04 p.m.
25 This is the beginning of Media Unit
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2 4.
3 Q. Mr. Gurney, you're walking
4 around right now, right?
5 A. I'm stagnant at the moment. I
6 just stopped.
7 Q. Okay. Mr. Gurney, who is the
8 group of plaintiffs that you are seeking
9 to represent in this lawsuit?
10 A. They're listed in the
11 Complaint. You should have a copy.
12 Q. Aside from the people that are
13 specifically named in the Complaint, what
14 -- who are -- who is the class of people
15 you are trying to represent?
16 A. The group of individuals in
17 the Complaint.
18 Q. Sorry. Just to confirm, are
19 you saying that you are just trying to
20 represent the individuals that are
21 specifically named in the Complaint?
22 A. I'm sorry. What did you say?
23 Q. I said to clarify, are you
24 saying that you are just trying to
25 represent the individuals that are
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2 specifically named in the Complaint?
3 A. I'm trying to represent the
4 individuals brought in this class action
5 suit.
6 Q. Right. So can you describe the
7 actual class?
8 A. You have the information of
9 the Complaint in front of you with the
10 individuals there. I'm not -- you know, I
11 had it in front of me earlier. You know,
12 I don't have it in front of me currently,
13 each specific.
14 Q. Right. I'm just asking you to
15 describe more generally the group of
16 people that you are trying to represent,
17 not their specific names.
18 A. Okay. The individuals in that
19 group, right? So there is a list of names
20 under the class action, the
21 certification.
22 Q. Right. But who is the group?
23 What are those -- what do those
24 individuals have in common?
25 A. A Complaint.
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2 Q. So is it your understanding
3 that the group is just the individual
4 names listed in the Amended Complaint?
5 A. I don't want to assume or
6 speculate on those specifics. I mean, you
7 can speak to the attorney on those
8 matters. He can articulate those things
9 further.
10 Again, I don't have the
11 paperwork in front of me currently. I did
12 earlier, but I don't currently.
13 Q. I don't think you need to have
14 the document in front of you.
15 A. Okay.
16 Q. I'm asking you to just to
17 describe the class of people that you are
18 trying to represent in this litigation. I
19 don't think --
20 A. Humans.
21 Q. -- I don't think you need
22 paperwork for that.
23 A. Human beings.
24 Q. Just any humans? That's the
25 class of people you are trying to
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2 represent?
3 A. No. You said describe them. I
4 gave a description. They're human beings
5 that have a Complaint. You are aware of
6 the Complaint and I'm sure you've
7 reviewed it in detail.
8 Q. Okay.
9 A. I answered the question.
10 Q. So you are seeking to
11 represent a class of humans that have a
12 Complaint?
13 A. I'm seeking to represent the
14 people listed in the Complaint there in
15 the documents presented.
16 Q. And you can't describe
17 anything that those plaintiffs all have
18 in common?
19 MR. KIM: Objection, asked and
20 answered.
21 A. They're humans.
22 MR. KIM: He already said what
23 they have in common is the
24 Complaint. So, you know, how many
25 times do we have to go over this?
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2 A. Humans with the Complaint.
3 I've said that I believe three times if
4 the record could show.
5 Q. Okay. Noted.
6 And you sold your shares of
7 AMC and Blackberry after being unable to
8 trade on Robinhood's platform on January
9 28th, right?
10 MR. KIM: Objection to form.
11 Q. Mr. Gurney, can you answer the
12 question?
13 A. What was it again?
14 Q. Sure. You sold your shares of
15 AMC and Blackberry after being unable to
16 trade on Robinhood's platform on January
17 28th, right?
18 A. That's correct.
19 Q. Mr. Gurney, have you had any
20 criminal charges brought against you?
21 A. Ever or currently?
22 Q. Ever.
23 A. Umm, yes.
24 Q. What kind of charges were
25 brought against you?
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2 A. I had an assault charge
3 brought against me as a 16-year-old, I
4 believe, I don't -- I don't want to say
5 for certain, okay, so I don't want to say
6 for speculation, as a young adult an
7 assault charge brought before me at that
8 time. I want to say it was, I don't know,
9 early '90s.
10 Q. Got it. And how were those
11 charges resolved?
12 A. I don't recall. It was almost
13 30 years ago. I don't know. It was a
14 long time ago.
15 Q. And what were the underlying
16 circumstances that led to the assault
17 charge?
18 A. I was in a fray. What I can
19 recall -- I don't recall. I don't want to
20 speak when speculation. I don't recall.
21 Q. Was there a physical
22 altercation with someone?
23 A. I don't recall the specifics
24 of it. Like I said, it was, you know,
25 over two decades ago or longer.
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2 Q. You don't recall anything
3 about the events that led to that charge?
4 A. I don't. I don't.
5 Q. And you're aware that the
6 testimony you are giving today is under
7 oath, right?
8 A. I do.
9 Q. And everything that you've
10 said today is truthful and accurate,
11 right?
12 A. Yes.
13 Q. And every time that you've
14 said that you don't recall something,
15 that's your truthful testimony, you know,
16 given under penalty of perjury, right?
17 A. Correct.
18 Q. And you don't recall seeing
19 anything in the news or on social media
20 regarding any of these stocks that we've
21 discussed today, right?
22 A. I don't -- I don't recall.
23 Q. And you don't recall ever
24 having a Blackberry device, right?
25 A. I don't recall.
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2 Hello. Are you there?
3 Q. Sorry. I'm just looking over
4 my notes.
5 A. Okay.
6 Q. Do you follow the news more
7 generally, Mr. Gurney?
8 MR. KIM: Objection, vague.
9 A. Do I follow the news? Not
10 regularly, no.
11 Q. You don't watch any news
12 channels regularly?
13 A. No.
14 Q. And was that true in January
15 2021?
16 A. I don't recall.
17 MS. YOUNG: Okay. I think
18 we're done.
19 MR. KIM: All right. I would
20 just like to note for the record
21 we're going to designate the
22 transcript Confidential per the
23 Protective Order.
24 VIDEOGRAPHER: Okay. We are
25 off the record at 2:13 p.m. and
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2 this concludes today's testimony
3 given by Joseph Gurney. The total
4 number of media used was four and
5 will be retained by Veritext.
6 (The proceedings were
7 adjourned at 2:13 p.m.)
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