Pandemic Darlings The pandemic economy, in original documents
Home Source documents Exhibit 7: Deposition of Brian Harbison (Dkt. 568-7)

Exhibit 7: Deposition of Brian Harbison (Dkt. 568-7, S.D. Fla.)

Summary

Exhibit 7 (Document 568-7) in Case 1:21-md-02989-CMA, entered on the FLSD docket June 8, 2023, is a 200-page transcript, marked confidential, of the videotape deposition of Brian Harbison via Zoom videoconference on April 19, 2023, before Maureen Ratto of Veritext Legal Solutions. Phillip Kim and Michael Cohen of The Rosen Law Firm appear for Plaintiff and Kathleen E. Young and Robert DeNunzio of Cravath Swaine & Moore, LLP for Defendant, with Lee Bowry as legal video specialist. Ms. Young conducts the direct examination for Robinhood, and the proceedings were adjourned at 3:14 p.m.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Exhibit 7: Deposition of Brian Harbison (Dkt. 568-7).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-06-08-covid-era-misc-62de425a-1/, SHA-256 62de425a4c925c2ca3b78be66d954b2bda5b137cf931d6908b2ab664b0490972.

Full text

Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 1 of
                                     200




                                Exhibit 7
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 2 of
                                     200


                                                                   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
  10
  11                    ** CONFIDENTIAL **
  12                  VIDEOTAPE DEPOSITION OF
  13                       BRIAN HARBISON
  14              VIA ZOOM VIDEOCONFERENCE
  15                      April 19 2023
  16                        10:04 a.m.
  17
  18
  19
  20
  21
  22
  23
  24      Reported by:
  25      Maureen Ratto, RPR, CCR

                                 Veritext Legal Solutions
       212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 3 of
                                     200


                                                                   Page 2

   1                          * * *
   2
   3              Videotape deposition of Brian
   4      Harbison 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

                                 Veritext Legal Solutions
       212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 4 of
                                     200


                                                                   Page 3

   1      A P P E A R A N C E S:
   2      Counsel for Plaintiff:
   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 Defendant:
  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                  ROBERT DeNUNZIO, ESQ.
  18                  rdenunzio@cravath.com
  19
  20      ALSO PRESENT:
  21      LEE BOWRY, Legal Video Specialist
  22
  23
  24
  25

                                 Veritext Legal Solutions
       212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 5 of
                                     200


                                                                   Page 4

   1                      VIDEOGRAPHER:             Good morning.
   2              We are going on the record at 10:04
   3              a.m. on April 19, 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 Brian
  18              Harbison 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-2989 CMA.
  24                      My name is Lee Bowry
  25              representing Veritext New York and

                                 Veritext Legal Solutions
       212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 6 of
                                     200


                                                                   Page 5

   1              I am the videographer. The court
   2              reporter is Maureen Ratto, also
   3              with Veritext.
   4                      I am not related to any party
   5              in this action, nor am I
   6              financially interested in the
   7              outcome. If there are any
   8              objections to proceeding, please
   9              state them at the time of your
  10              appearance.
  11                      Counsel attending remotely
  12              will now state their appearances
  13              and affiliations for the record,
  14              beginning with the noticing
  15              attorney.
  16                      MS. YOUNG:          This is Kathleen
  17              Young from Cravath, Swaine & Moore
  18              on behalf of Defendant, and from
  19              Cravath also with me is Robert
  20              DeNunzio.
  21                      MR. KIM:        This is Phil Kim
  22              from the Rosen Law Firm, also on
  23              line is Michael Cohen from my firm,
  24              representing named Plaintiff, Brian
  25              Harbison.

                                 Veritext Legal Solutions
       212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 7 of
                                     200


                                                                   Page 6

   1                  BRIAN HARBISON - CONFIDENTIAL
   2                       VIDEOGRAPHER:             Will the court
   3              reporter please swear in the
   4              witness and then counsel may
   5              proceed.
   6                             * * *
   7      B R I A N        H A R B I S O N, having been
   8      first duly sworn according to law by
   9      the Officer, testifies as follows:
  10      DIRECT EXAMINATION BY MS. YOUNG:
  11              Q.       Good morning, Mr. Harbison.
  12              A.       Good morning.
  13              Q.       My name is Kathleen Young, I'm
  14      from Cravath, as I just mentioned, and we
  15      represent Robinhood in this matter.
  16                       Would you mind stating your
  17      full name for the record?
  18              A.       Brian Harbison.
  19              Q.       And what is your current
  20      address?
  21              A.
  22
  23              Q.       And have you ever been deposed
  24      before?
  25              A.       No.

                                  Veritext Legal Solutions
       212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 8 of
                                     200


                                                                   Page 7

   1                  BRIAN HARBISON - CONFIDENTIAL
   2              Q.       Okay. So your counsel may have
   3      gone over some of this with you, but
   4      we'll start with some ground rules before
   5      we really get started.
   6                       You understand that you've
   7      been sworn in today and that you have to
   8      testify truthfully?
   9              A.       Yes.
  10              Q.       And is there any reason why
  11      you cannot give complete and truthful
  12      testimony today?
  13              A.       I'm not sure what you mean.
  14              Q.       Is there anything that would
  15      prohibit you from telling, giving
  16      complete and truthful testimony today?
  17                       Did you say no?
  18              A.       Yeah.
  19              Q.       So our court reporter,
  20      Maureen, is going to transcribe our
  21      conversations, so it's important to give,
  22      you know, verbal answers rather than
  23      nodding or shaking your head. Does that
  24      make sense?
  25              A.       Yes.

                                   Veritext Legal Solutions
       212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 9 of
                                     200


                                                                   Page 8

   1                  BRIAN HARBISON - CONFIDENTIAL
   2              Q.       Your counsel may object from
   3      time to time. You still have to answer
   4      the question with the exception of if
   5      Mr. Kim gives you an instruction not to
   6      answer a question specifically. Does that
   7      make sense?
   8              A.       Yes.
   9              Q.       And if you don't understand a
  10      question or need me to repeat it, just
  11      let me know and I'll repeat it for you.
  12      Does that make sense?
  13              A.       Yes.
  14              Q.       And if you'll allow me to
  15      finish questions before you respond, I'll
  16      try to do the same. That will also help
  17      Maureen here. Does that make sense?
  18              A.       Yes.
  19              Q.       And we can -- we'll take break
  20      periodically. You can let us know if you
  21      need a break, that's fine, we can take
  22      one at any time. The only exception to
  23      that is if a question is still pending.
  24      Then we'll need you to respond to the
  25      question and then we can take a break.

                                  Veritext Legal Solutions
       212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 10 of
                                      200


                                                                   Page 9

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      Sound good?
    3              A.       Yes.
    4              Q.       Okay. And what did you do to
    5      prepare for today's deposition?
    6              A.       I went over with my attorneys
    7      and had calls and discussed everything,
    8      how it would go, the depositions and all.
    9              Q.       And those calls were just with
  10       your attorneys at the Rosen firm?
  11               A.       Yes.
  12               Q.       And how many calls or meetings
  13       did you have?
  14               A.       Two.
  15               Q.       Two, you said?
  16               A.       Yes.
  17               Q.       How long were those calls or
  18       meetings?
  19               A.       About two hours, I would say.
  20               Q.       Two hours each?
  21               A.       Yes.
  22               Q.       Was anybody else present
  23       besides your attorneys from the Rosen
  24       firm?
  25               A.       No.

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 11 of
                                      200


                                                                  Page 10

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       Have you ever been involved in
    3      any other civil proceeding before?
    4              A.       No.
    5              Q.       Have you ever been involved in
    6      any criminal proceedings?
    7              A.       No.
    8              Q.       And what is your role in this
    9      lawsuit?
  10               A.       Class representative.
  11               Q.       A representative --
  12               A.       Yes.
  13               Q.       -- is that what you said?
  14                        Do you mean a class
  15       representative?
  16               A.       Yes.
  17               Q.       And what do you understand the
  18       class action to be?
  19               A.       Pretty much we're people that
  20       are suing the company for the actions
  21       they did.
  22               Q.       What do you understand your
  23       responsibilities to be in that role?
  24               A.       To pretty much go for the best
  25       interests of the class and make sure

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 12 of
                                      200


                                                                  Page 11

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      they're repaid for Robinhood's actions.
    3              Q.       And who is the class in this
    4      lawsuit?
    5              A.       The class? I'm sorry. We're
    6      the class, the people that's suing
    7      Robinhood.
    8              Q.       So who is "we", I guess is my
    9      question? Who does the class consist of?
  10               A.       The people Robinhood took the
  11       buy button from, it was the shares, the
  12       AMCs, the GameStops.
  13               Q.       So is it people that were --
  14       that wanted to trade on Robinhood, wanted
  15       to trade AMC on Robinhood, is that what
  16       you're saying, and GameStop?
  17               A.       All the stocks listed on the
  18       sheet, the deposition.
  19               Q.       And when did those class
  20       members need to trade on Robinhood or
  21       need to or were trying to invest?
  22                        MR. KIM:       Objection to form,
  23               vague. You can answer the question,
  24               Mr. Harbison, if you understand it.
  25               A.       Yeah, I'm not sure what you

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 13 of
                                      200


                                                                  Page 12

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      mean.
    3                       MS. YOUNG:         We're having a
    4              fire drill right now. Maybe we
    5              should -- I don't know if that's
    6              coming through on your end. I guess
    7              we could keep going. You can't hear
    8              anything?
    9                       THE WITNESS:           I could hear
  10               you.
  11                        MR. KIM:       I mean, we can take
  12               a ten minute break. How long do you
  13               think it's going to take? Do you
  14               guys have to, like, actually step
  15               out of the building?
  16                        MS. YOUNG:         I can't imagine we
  17               need to, but maybe it's okay now.
  18               Okay. Sorry about that.
  19                        MR. KIM:       We don't want you
  20               going up in flames.
  21                        MS. YOUNG:         Well, it would be
  22               a very short deposition if that
  23               happened.
  24                        MR. KIM:       Maybe not literally.
  25                        MS. YOUNG:         All right. Maybe

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 14 of
                                      200


                                                                  Page 13

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              we can take a few minutes because
    3              now it's getting worse.
    4                       MR. KIM:       Why don't we come
    5              back, like -- it's 10:12 -- maybe
    6              10:30.     Is 15 minutes enough for
    7              you guys to sort it out?
    8                       MS. YOUNG:         Yes.
    9                       VIDEOGRAPHER:            Okay. Going off
  10               the record. The time is 10:12 a.m.
  11                        (Recess is taken.)
  12                        VIDEOGRAPHER:            We are back on
  13               the record. The time is 10:30 a.m.
  14               Q.       Mr. Harbison, let's discuss
  15       your educational background briefly.
  16                        Oh, he's back now.
  17                        MR. KIM:       He's putting his
  18               headphones on.
  19                        MS. YOUNG:         Okay.
  20               Q.       Can you hear us?
  21               A.       Yeah. I turned the light back
  22       off, it was blocking the vision.
  23               Q.       What degrees do you hold,
  24       Mr. Harbison?
  25               A.       An associate's.

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 15 of
                                      200


                                                                  Page 14

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       An associate's degree from
    3      what school?
    4              A.       From Bronx Community College.
    5              Q.       Do you have any other
    6      educational credentials like licenses or
    7      certifications?
    8              A.       No.
    9              Q.       Do you have any education in
  10       finance, economics or accounting?
  11               A.       No.
  12               Q.       And are you currently
  13       employed?
  14               A.       Yes.
  15               Q.       And what's your -- what's your
  16       job currently?
  17               A.       Technician work.
  18               Q.       What kind of technician work?
  19               A.       Field technician.
  20               Q.       Field technician, did you say?
  21               A.       A-hum, yes.
  22               Q.       What are your main
  23       responsibilities in that position?
  24               A.       Depends on the job. Sometimes
  25       installing printers, setting up POS

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 16 of
                                      200


                                                                  Page 15

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      systems, running cable.
    3              Q.       And how long have you held
    4      that position?
    5              A.       About ten years.
    6              Q.       And let's go ahead and look at
    7      exhibit previously marked Exhibit 2. So
    8      tab 24.
    9                       You might have to go to
  10       Exhibit Share, Mr. Harbison, although we
  11       can screen share if that's easier for
  12       you.
  13                        I think it should available
  14       now.        If you take a look at it you
  15       sometimes have to refresh the page.
  16                        (Exhibit 2, letter from Rosen
  17               Law Firm dated February 27, 2023,
  18               having been previously marked, is
  19               shown to the Deponent.)
  20               Q.       Do you see it?
  21               A.       It says I need to access
  22       permission to access the folder.
  23               Q.       Are you in the Marked Exhibits
  24       folder under your name?
  25               A.       There is nothing here.

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 17 of
                                      200


                                                                   Page 16

    1                  BRIAN HARBISON - CONFIDENTIAL
    2                       MR. KIM:       You got to hit
    3              refresh, maybe it will show up.
    4              A.       Yeah, I had it -- I see reset
    5      files, links, tasks and workflows. I went
    6      to share and it has a little rock symbol.
    7                       MR. KIM:       What about on the
    8              left, on the left you got Home,
    9              Recent and Files.             If you click on
  10               files does something open up on the
  11               right side of that?
  12                        THE WITNESS:           Yeah.
  13                        MR. KIM:       Is there a folder
  14               called deposition of Brian
  15               Harbison?
  16                        THE WITNESS:           No. It just says
  17               Bookmarks and Shared.
  18                        MR. KIM:       If you click on
  19               Share, does it open up other
  20               folders?
  21                        THE WITNESS:           No.       It says
  22               you're not permissioned to access
  23               folder.
  24                        MR. KIM:       You guys need --
  25                        MS. YOUNG:         Is that an issue

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                   212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 18 of
                                      200


                                                                  Page 17

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              with the permissions?
    3                       MR. KIM:       That's what it
    4              sounds like.
    5                       THE WITNESS:           It says, "Ask
    6              administrator for help."
    7                       MS. YOUNG:         I don't know if
    8              somebody from the Veritext team
    9              knows whether or not we can see it,
  10               if that's something we can fix.
  11                        VIDEOGRAPHER:            We would need
  12               to contact someone on the back end.
  13               We don't have control over that but
  14               we can certainly do that for you.
  15                        MS. YOUNG:         I mean, we can do
  16               that and maybe in tandem but I
  17               guess we can screen share until
  18               then.
  19                        VIDEOGRAPHER:            I'll contact
  20               the back end while we're screen
  21               sharing and see if we can get it
  22               taken care of.
  23                        MS. YOUNG:         Sounds good.
  24               Q.       Mr. Harbison, this is a letter
  25       your counsel sent in connection with this

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 19 of
                                      200


                                                                  Page 18

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      matter on February 27 of 2023. Do you see
    3      that?
    4              A.       Yes.
    5              Q.       And if you scroll down to the
    6      second page, I think it's the page that's
    7      actually numbered two but it's the third
    8      page in the pdf.           Do you see your name
    9      here about midway down the page?
  10               A.       Yes.
  11               Q.       And is this an accurate list
  12       of your social media handles?
  13               A.       Yes.
  14               Q.       Does this -- so this contains
  15       all of your social media accounts?
  16               A.       This is one account.
  17               Q.       You don't have any other
  18       social media accounts?
  19               A.       No.
  20               Q.       And so you have a StockTwits
  21       account with a user name                           right?
  22               A.       Yes.
  23               Q.       What is StockTwits?
  24               A.       It's pretty much like a forum
  25       where you just -- an open forum just

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 20 of
                                      200


                                                                  Page 19

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      about stocks or anything pretty much but
    3      it's posting for stocks.
    4              Q.       It's a forum where people post
    5      about stocks, is that what you said?
    6              A.       Yes.
    7              Q.       So is it people that are, you
    8      know, potential investors in stocks?
    9              A.       Yes.
  10                        MS. YOUNG:           And Robert, let's
  11               go ahead and mark tab 26 and I
  12               think the exhibit -- what exhibit
  13               number?     148, tab 26.
  14                        (Exhibit 148, copy of posts on
  15               StockTwits, was received and marked
  16               on this date for identification.)
  17               Q.       How often do you view -- do
  18       you call it StockTwits or StockTwist?
  19               A.       StockTwits.
  20                        MR. KIM:         Twits like T-W-I-T.
  21               Q.       StockTwits.
  22               A.       About every day.
  23               Q.       About every day?
  24               A.       Yeah.
  25               Q.       Do you look at it multiple

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 21 of
                                      200


                                                                  Page 20

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      times a day?
    3              A.       I would say yes, yeah.
    4              Q.       And are you posting every time
    5      you go on the site or sometimes are you
    6      just looking at other posts?
    7              A.       Just looking.
    8              Q.       And how often did you view the
    9      site in January of 2021?
  10               A.       I don't remember. You want an
  11       exact number or --
  12               Q.       No.    I guess, was it
  13       consistent with your general practice of
  14       looking at the site multiple times a day?
  15               A.       Yes.
  16               Q.       Any more than that?
  17               A.       No.
  18               Q.       And you post pretty often on
  19       the site, right?
  20               A.       No.
  21                        MR. KIM:        Objection, form.
  22               Q.       You don't?
  23               A.       No.
  24               Q.       Let's go ahead and look at
  25       148. Mr. Harbison, is this your profile?

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 22 of
                                      200


                                                                  Page 21

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       Yes.
    3              Q.       And Robert, if you can zoom in
    4      a little bit.
    5                       Do you see where it states
    6      "Joined 4/2018"?
    7              A.       Yes.
    8              Q.       So is this when you created
    9      the account?
  10               A.       Yes.
  11               Q.       And if we look down do you see
  12       where it says 4,000 posts on that tab?
  13               A.       Yes.
  14               Q.       So that reflects that you
  15       posted on the site approximately 4,000
  16       times?
  17               A.       Yes.
  18               Q.       And that's in let's say the
  19       six years you've been on the site, five
  20       years you've been on the site, right?
  21               A.       Yes.
  22               Q.       So your testimony is that
  23       that's not -- you still don't post often
  24       on the site?
  25                        MR. KIM:        Objection to form.

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 23 of
                                      200


                                                                  Page 22

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       I'm sorry. I didn't hear your
    3      answer, Mr. Harbison.
    4              A.       I don't. Because it's not --
    5      those are conversations.                   In six years,
    6      4,000 posts, that's not a lot when you
    7      divide that.
    8              Q.       And you've liked more than
    9      11,000 posts, right?
  10               A.       Yes.
  11               Q.       And do you use the site to
  12       research the stock market?
  13               A.       Sometimes.
  14               Q.       Do you use it to get
  15       information about potential investment
  16       strategies?
  17               A.       Sometimes.
  18               Q.       Do you have a LinkedIn
  19       profile, Mr. Harbison?
  20               A.       Yes.
  21               Q.       Was your LinkedIn profile
  22       listed on the social media accounts in
  23       the letter we just looked at?
  24               A.       No.
  25               Q.       And why is that?

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 24 of
                                      200


                                                                  Page 23

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       I just did it for work.
    3              Q.       You don't consider LinkedIn
    4      social media?
    5              A.       No.
    6              Q.       Do you have a Reddit account,
    7      Mr. Harbison?
    8              A.       Yes.
    9              Q.       What's your handle?
  10               A.       Umm, let me see. I thought I
  11       did. I don't have one.
  12               Q.       You don't have one?
  13               A.       No. I signed in, like, my
  14       email.        So no, there is no, like, account
  15       or nothing.
  16               Q.       But you have a sign-in --
  17       you're able to log into the site using
  18       your email but you don't have an actual
  19       handle?
  20               A.       I don't see nothing popping up
  21       on my screen for Google. I hardly -- I
  22       used it -- I use Reddit for some
  23       medication, to comment on something. That
  24       was it.
  25               Q.       You use Reddit for information

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 25 of
                                      200


                                                                  Page 24

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      about medications?
    3              A.       It was a question to ask
    4      somebody and that was it.
    5              Q.       Okay. So you're able to post
    6      without an account, though, or without a
    7      handle?
    8              A.       If I did, I must have deleted
    9      it because nothing is coming up when I
  10       type my name, my email.
  11               Q.       How often do you look at
  12       Reddit?
  13               A.       I don't. That was literally
  14       this summer.
  15               Q.       That was literally this
  16       summer?        By that do you mean the one post
  17       that you posted on Reddit you think was
  18       this past summer?
  19               A.       Yes. I know it was this
  20       summer.
  21               Q.       And do you ever -- even if
  22       that's the only time you posted on
  23       Reddit, you don't ever go to Reddit, the
  24       site, just to look at other posts?
  25               A.       No.

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 26 of
                                      200


                                                                  Page 25

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       So you never used Reddit to
    3      research potential investment strategies
    4      or potential investments more generally?
    5              A.       No.
    6              Q.       Have you ever viewed
    7      discussions on Wallstreetbets on Reddit?
    8              A.       No.
    9              Q.       Do you have a Facebook
  10       account?
  11               A.       No.
  12               Q.       Do you have a Twitter account?
  13               A.       No.
  14               Q.       Do you have an Instagram
  15       account?
  16               A.       No.
  17               Q.       Do you have a TikTok account?
  18               A.       No.
  19               Q.       Do you have any other social
  20       media like YouTube or Discord?
  21               A.       Yeah, I have YouTube.
  22               Q.       Do you have an account name or
  23       handle on YouTube?
  24               A.       Yes.
  25               Q.       What is it?

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 27 of
                                      200


                                                                  Page 26

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       It's just titled B. That's it.
    3              Q.       That was not listed in the
    4      social media, among the social media
    5      accounts in the letter we looked at a few
    6      moments ago, right?
    7              A.       No, because it's not used for
    8      nothing except for work.
    9              Q.       You use YouTube for work?
  10               A.       Yeah, technician work.
  11       Sometimes they'll put something to show
  12       something from a different angle how to
  13       get stuff done.
  14               Q.       So you never use YouTube to --
  15       well, you never -- do you ever, yourself,
  16       post on YouTube or do you just look at
  17       videos from other users?
  18               A.       Just look at videos.
  19               Q.       Do you ever use YouTube to
  20       look up anything about investing?
  21               A.       No.
  22               Q.       Do you currently invest in the
  23       stock market?
  24               A.       Yes.
  25               Q.       When did you start investing?

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 28 of
                                      200


                                                                  Page 27

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       2018.
    3              Q.       What prompted you to start
    4      investing in 2018?
    5              A.       Just wanted to try it out.
    6              Q.       And did you invest in the
    7      stock market or were you still investing
    8      in the stock market in January 2021?
    9              A.       Yes.
  10               Q.       And you're a Robinhood
  11       customer, right?
  12               A.       Yes.
  13               Q.       Do you know when you began
  14       using Robinhood?
  15               A.       2018.
  16               Q.       2018? And why did you decide
  17       to start using Robinhood?
  18               A.       Just research.
  19               Q.       You used the platform to
  20       conduct investment research; is that what
  21       you mean?
  22               A.       No.     I use Google for, like,
  23       free brokers.
  24               Q.       I see. You researched brokers
  25       and that's how you found Robinhood?

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 29 of
                                      200


                                                                  Page 28

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       Yes.
    3              Q.       Okay. And how frequently do
    4      you trade on Robinhood?
    5                       MR. KIM:        Objection, form. You
    6              can answer.
    7              A.       At least once a week. A few
    8      times a week, depending, it's up and
    9      down.
  10               Q.       Okay. But, in general, you'd
  11       say roughly a few times a week?
  12               A.       It depends because sometimes
  13       it would be no times a week.
  14               Q.       And did you trade on Robinhood
  15       with roughly the same frequency in
  16       January 2021?
  17                        MR. KIM:        Objection, vague.
  18               A.       I don't remember.
  19               Q.       You're also a customer with TD
  20       Ameritrade, right?
  21               A.       Yes.
  22               Q.       Is it all right if I refer to
  23       TD Ameritrade as TD?
  24               A.       Yes.
  25               Q.       And when did you begin using

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 30 of
                                      200


                                                                  Page 29

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      TD?
    3              A.       I don't remember the exact
    4      date.
    5              Q.       Do you remember why you
    6      decided to start using TD?
    7              A.       Yes.
    8              Q.       Why is that?
    9              A.       For over-the-counter stocks
  10       and warrants.
  11               Q.       What are warrants?
  12               A.       It's like an option, you get
  13       the chance to buy it from a SPAC, Special
  14       Acquisition Shell Company.                     After, like,
  15       five years you can buy the shares.                     With
  16       the warrant or you could sell it like an
  17       option.
  18               Q.       I think you said special
  19       acquisition, are you talking about
  20       Special Purpose Acquisition Companies?
  21               A.       SPACS.
  22               Q.       SPACS. And roughly how
  23       frequently do you trade on TD?
  24               A.       Not frequently.
  25               Q.       Less frequently than on

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 31 of
                                      200


                                                                  Page 30

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      Robinhood?
    3              A.       Yes.
    4              Q.       Any particular reason for
    5      that?
    6              A.       No.
    7              Q.       Other than Robinhood and TD,
    8      have you ever used any other brokerages
    9      to invest?
  10               A.       No.
  11               Q.       Has anyone ever invested on
  12       your behalf?
  13               A.       No.
  14               Q.       Have you ever invested on
  15       anyone else's behalf?
  16               A.       No.
  17               Q.       Have you ever hired an
  18       investment or financial advisor?
  19               A.       No.
  20               Q.       How much time do you devote to
  21       investing?
  22                        MR. KIM:        Objection, vague.
  23               A.       What do you mean?
  24               Q.       So how much time do you spend,
  25       you know, conducting research or looking

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 32 of
                                      200


                                                                  Page 31

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      up companies or talking with others about
    3      potential investments, actually executing
    4      the trades, that kind of thing?
    5              A.       It depends. I can't really put
    6      an exact number on it.
    7              Q.       I understand. Can you give me
    8      an approximate sense? Is it a couple
    9      minutes a day? A couple of hours?
  10               A.       Umm, I honestly can't put a
  11       number on it. It depends if I have free
  12       time. Sometimes it would be an hour,
  13       sometimes it's 20 minutes a day, in my
  14       free time.
  15               Q.       How would you describe your
  16       investment strategy?
  17               A.       Pretty much swing trading and
  18       investing.
  19                        (Reporter clarification.)
  20                        MR. KIM:       "Swing trading and
  21               investing" is what he said.
  22               Q.       What do you mean by swing
  23       trading?
  24               A.       It's like day trading but you
  25       hold it past a day.

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 33 of
                                      200


                                                                   Page 32

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       And how often do you typically
    3      hold swing trades?
    4              A.       It depends.
    5              Q.       Any time longer than a day,
    6      though, would that qualify as a swing
    7      trade to you?
    8              A.       Yeah.      Anything that's not the
    9      same day you bought it.
  10               Q.       And what do you understand day
  11       trading to be?
  12               A.       Buy/sell the same day.
  13               Q.       And is the strategy, you know,
  14       for day trading that you try to profit
  15       from minor price fluctuations that occur
  16       just throughout the day?
  17                        MR. KIM:         Objection, vague.
  18                        THE WITNESS:             Do I answer
  19               or --
  20                        MR. KIM:         You can answer the
  21               question if you know.
  22               A.       Say it one more time.
  23               Q.       And is it your understanding
  24       that the general strategy of day trading
  25       is that you try to profit from minor

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 34 of
                                      200


                                                                  Page 33

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      price fluctuations that occur throughout
    3      the day?
    4                       MR. KIM:       Same objection. You
    5              can answer.
    6              A.       Yes. Yes.
    7              Q.       What's your main objective in
    8      investing?
    9              A.       Pretty much to have it for a
  10       rainy day, that's pretty much it.
  11               Q.       So if you decide to buy a
  12       particular stock can you walk me through
  13       how you make that decision?
  14               A.       What stock are you talking
  15       about?
  16               Q.       Just any stock. In general, or
  17       does it depends on the stock in terms of
  18       your process of how you make that
  19       decision?
  20               A.       It depends on the stock.
  21               Q.       Okay. Do you usually research
  22       the specific company online?
  23               A.       This specific or any specific
  24       company?
  25               Q.       In general, when you're

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 35 of
                                      200


                                                                  Page 34

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      considering a pension investment, do you
    3      research the company?
    4              A.       Yes.
    5              Q.       Do you read SEC filings from
    6      the company?
    7              A.       Umm, it depends on the
    8      company.
    9              Q.       Do you -- would you, you know,
  10       let's say for the majority of the
  11       companies that you consider investing in,
  12       do you look at their SEC filings?
  13                        MR. KIM:        Objection, vague.
  14               A.       Depends on the company.
  15               Q.       Do you usually consider the
  16       company's cash flow projections?
  17               A.       It depends on the company.
  18               Q.       So for some companies you do
  19       consider their cash flow projections?
  20               A.       Yes.
  21               Q.       And do you ever research these
  22       companies on social media?
  23               A.       No.
  24               Q.       And what about when you decide
  25       to sell a particular stock, can you

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 36 of
                                      200


                                                                  Page 35

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      explain to me how you make that decision?
    3              A.       Umm, pretty much I look at the
    4      trend lines and the volume, when I'm
    5      about to pick a stock, the trend lines,
    6      the volume, the earnings.
    7              Q.       And by "trend lines", do you
    8      mean, like, the price, trends in the
    9      price?
  10               A.       Like the moving averages and
  11       stuff like that.
  12               Q.       And when you say that you look
  13       at volume, are you kind of looking at --
  14       when you're looking at volume and trend
  15       lines, are you looking at general kind of
  16       momentum in the stock?
  17               A.       Yes.
  18               Q.       So do you tend to sell if you
  19       see that the trendline is declining and
  20       the price is dropping?
  21               A.       Yes.
  22               Q.       And do you often buy when you
  23       see that the trendline is increasing and
  24       the price is increasing?
  25               A.       Yes.

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 37 of
                                      200


                                                                     Page 36

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       And there is increased
    3      momentum in the stock, so maybe more
    4      trading volume?
    5              A.       Yes.
    6              Q.       So do you keep up-to-date on
    7      news in the stock market?
    8              A.       Yes.    I would say yes.
    9              Q.       And how do you get your news
  10       about the stock market?
  11               A.       Umm, apps.          It really depends
  12       on the stock.
  13               Q.       What kind of apps do you --
  14       sorry.        I interrupted you. You can
  15       finish.
  16               A.       It depends on the stock.
  17       Sometimes it's research, Google research,
  18       sometimes I have a tech app, they have
  19       the latest technology news.                        So something
  20       comes across my attention, I'll read it.
  21               Q.       And what apps do you use?
  22                        MR. KIM:        Objection to form.
  23               Are we talking about now? Then?
  24                        MS. YOUNG:          Now.
  25               Q.       What apps do you use to keep

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                   212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 38 of
                                      200


                                                                  Page 37

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      up-to-date about the stock market?
    3              A.       TechNews, StockTwits,
    4      MarketWatch, SmartNews, investing.
    5              Q.       What was the last one?              Did
    6      you just say investing?
    7              A.       A-hum, yes.
    8              Q.       And MarketWatch. And do you
    9      subscribe to any newsletters about
  10       investing?
  11               A.       No.
  12               Q.       Do you listen to any podcasts
  13       about the stock market or investing?
  14               A.       No.
  15               Q.       Do you watch any television
  16       shows about the market or investing?
  17               A.       No.
  18               Q.       Do you recall what stocks you
  19       were investing in at the end of 2020?
  20               A.       No.
  21                        MS. YOUNG:         Robert, let's look
  22               at tab 3, it should be Exhibit 149.
  23                        MR. KIM:       Have we gotten the
  24               Exhibit Share issue resolved or --
  25                        VIDEOGRAPHER:            I have emailed

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 39 of
                                      200


                                                                  Page 38

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              the team and they're working on it
    3              currently. If I get an email saying
    4              that they've taken care of it and
    5              permissions are granted, I'll
    6              certainly let you know but I don't
    7              know that it's been taken care of
    8              quite yet.
    9                       THE WITNESS:           It's still
  10               asking for permission from
  11               administrator.
  12                        VIDEOGRAPHER:            So I guess
  13               they're working on it but have not
  14               fixed it yet.
  15                        MR. KIM:       Well, they need to
  16               work faster.
  17                        (Exhibit 149, Robinhood
  18               monthly statement of Brian
  19               Harbison, Bates P00002046 was
  20               received and marked on this date
  21               for identification.)
  22               Q.       Okay. So Robert, if you can
  23       see in a little bit.
  24                        Can you see this,
  25       Mr. Harbison?

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 40 of
                                      200


                                                                  Page 39

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       Yes.
    3              Q.       And do you see your name in
    4      the upper right-hand corner?
    5              A.       Yes.
    6              Q.       And this is your Robinhood
    7      account statement from or for December
    8      2020, right?
    9              A.       Yes.
  10               Q.       And as of December 31st, 2020
  11       you had a closing account balance of
  12       about              in your portfolio, right?
  13               A.       Yes.
  14               Q.       And Robert, if you can scroll
  15       down to the next page?
  16                        This shows some of your
  17       holdings as of December 31st, 2020,
  18       right?
  19               A.       Yes.
  20               Q.       And Robert, you might have to
  21       zoom in a little bit for this.
  22                        If you look down the market
  23       value column, do you see that your three
  24       largest holdings by market value that are
  25       on this page were RTS Acquisition, Cohn

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 41 of
                                      200


                                                                  Page 40

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      Robbins and Stable Road Acquisition?
    3              A.       Yes.
    4              Q.       What is RTS Acquisition?
    5              A.       It's a SPAC.
    6              Q.       A SPAC?
    7              A.       Yeah.
    8              Q.       Is Cohn Robbins also a SPAC?
    9              A.       Yes.
  10               Q.       Is Stable Road Acquisition
  11       also a SPAC?
  12               A.       Yes.
  13               Q.       Can you explain to me what you
  14       understand a SPAC to be?
  15               A.       It's pretty much shell
  16       companies -- not pretty much. It is shell
  17       companies looking to bring private
  18       companies public.
  19               Q.       And why did you decide to
  20       invest in SPACS at this time?
  21                        MR. KIM:         Objection to form. I
  22               mean, it shows what he's holding at
  23               this time. It doesn't establish
  24               when he actually brought theme.
  25                        MS. YOUNG:           I'll rephrase.

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 42 of
                                      200


                                                                  Page 41

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       Can you explain to me why you
    3      were holding shares in these SPACS at
    4      this time?
    5              A.       So pretty much -- not pretty
    6      much. I was holding them, hoping to see
    7      they pull a big company, I researched the
    8      team.        And usually, you get a good
    9      company, the stock shoots up, it trends,
  10       more people jump in and the volume push
  11       up and the volume goes higher, especially
  12       if it's a good company.
  13               Q.       So did you expect that there
  14       would be a lot of positive momentum in
  15       terms of the trading after these SPACS
  16       went public --
  17               A.       Yes.
  18               Q.       -- or these private companies
  19       went public?
  20                        And that's why you thought
  21       they would be potentially good investment
  22       opportunities for you?
  23               A.       Yes.
  24               Q.       And the market value of your
  25       investments in each of these companies at

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 43 of
                                      200


                                                                  Page 42

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      the end of 2020 exceeded I think seven
    3      grand for each of them, if you look at
    4      that column. Does that sound about right?
    5              A.       Yes.
    6              Q.       If you look at the Quantity
    7      column on this page, this account
    8      statement also lists a number of
    9      companies for which you had purchased
  10       only a single share, right? I think
  11       that's about ten of the securities on
  12       this page.
  13               A.       Yes.
  14               Q.       Do you often only purchase a
  15       single share of stocks?
  16               A.       Yes. Umm -- yes.
  17               Q.       And why?
  18               A.       Because I see stocks get lost
  19       in the pile or the watchlist section, so
  20       I just buy one share to keep it in mind
  21       so I don't forget about it.
  22               Q.       So it's a way of kind of
  23       keeping it top of mind?
  24               A.       Yes.
  25                        MS. YOUNG: Okay. Let's look at

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 44 of
                                      200


                                                                  Page 43

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              tab 4 and this will be Exhibit 150.
    3                       (Exhibit 150, TD Ameritrade
    4              monthly statement Brian Harbison,
    5              Bates P00002790 was received and
    6              marked on this date for
    7              identification.)
    8              Q.       Can you this exhibit,
    9      Mr. Harbison?
  10               A.       Yes.
  11               Q.       And if you could scroll down
  12       to the third page, do you see your name
  13       at the top of this page?
  14                        MR. KIM:        Why don't we scroll
  15               through the entire document so you
  16               can put eyeballs on it?
  17                        MS. YOUNG:          That's fine.
  18               Robert, do you want to go back to
  19               the third page, unless the witness
  20               or Phil wants to look at any other
  21               section in more detail before I ask
  22               him a couple of questions?
  23               Q.       So this is your TD account
  24       statement for the period ending December
  25       31st, 2020, right?

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 45 of
                                      200


                                                                  Page 44

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       Yes.
    3              Q.       And this lists that your
    4      account had a current value, then current
    5      value of about                       at this time,
    6      right?
    7              A.       Yes.
    8              Q.       And the next two pages show
    9      your holdings as of December 31st, 2020?
  10               A.       Yes.
  11               Q.       And if you look at the page
  12       273, that's the one we're on, your
  13       largest holdings by market value were in
  14       Brainchip and CloudMD Software, do you
  15       see those?
  16               A.       Yes.
  17               Q.       What is Brainchip Holdings?
  18               A.       It's a chip company out of
  19       Australia, deals with AI.
  20               Q.       Do you recall why you decided
  21       to invest in this company?
  22               A.       Yes.
  23               Q.       Can you tell me why?
  24               A.       I researched it, thought it
  25       was a good company and it was cheap at

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 46 of
                                      200


                                                                  Page 45

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      the time I bought it.
    3              Q.       Do you still hold shares in
    4      Brainchip?
    5              A.       No.
    6              Q.       Do you recall when you sold?
    7              A.       I'm not sure. No.
    8              Q.       Do you recall why you decided
    9      to sell your shares of Brainchip?
  10               A.       Yes.    I had an important
  11       family matter that I needed some money.
  12               Q.       And when you described
  13       Brainchip Holdings as a good company,
  14       what did you mean by that?
  15               A.       They're pretty much -- I'm
  16       sorry. They're making artificial
  17       intelligence chips to, like, advance
  18       technology.
  19               Q.       So did you like the products
  20       that they were selling?
  21               A.       It's not a product yet.
  22       They're still working on it, last time I
  23       remember. But it's a good company and
  24       they have a good vision.
  25               Q.       So you thought the technology

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 47 of
                                      200


                                                                  Page 46

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      might be promising in the future, the
    3      stuff they were developing?
    4              A.       Yes.
    5                       MR. KIM:        Objection.
    6              Q.       And what is CloudMD software?
    7              A.       That is -- it's -- it's pretty
    8      much -- this -- this is like a Zoom
    9      version for doctors. This is, like,
  10       during COVID, if I remember.
  11               Q.       And why did you decide to
  12       invest in that company?
  13               A.       At the time with COVID and
  14       lockdown it seemed a good idea.
  15               Q.       And this page also shows that
  16       you held one share of Tesoro Enterprises
  17       and one share of The Very Good Food
  18       Company, right?
  19               A.       Yes.
  20               Q.       So these are other examples of
  21       you buying one share so you could kind of
  22       keep the stocks in mind, even if you
  23       weren't really ready to commit to a
  24       bigger investment?
  25               A.       Yes.

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 48 of
                                      200


                                                                  Page 47

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       Are you familiar with the
    3      company called GameStop, Mr. Harbison?
    4              A.       Yes.
    5              Q.       What kind of company is it?
    6              A.       From what I remember -- not
    7      from what I remember. I'm not 100% sure.
    8      I didn't really research it, so I don't
    9      want to say or guess.
  10               Q.       So you've not ever done any
  11       sort of research into GME as a potential
  12       investment?
  13               A.       No.
  14               Q.       And do you recall any sort of
  15       news or information about GME around
  16       January 2021?
  17               A.       Yes.
  18               Q.       And what do you recall in that
  19       period?
  20               A.       I just remember seeing it
  21       trending online and the stock price
  22       shooting up.
  23               Q.       Do you remember discussions
  24       about GME trending online and the stock
  25       price of the company increasing in

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 49 of
                                      200


                                                                  Page 48

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      January 2021?
    3              A.       Yes.
    4              Q.       You can't describe anything
    5      else you heard in more detail?
    6              A.       No.
    7              Q.       Do you know what short
    8      positions or shorts are, Mr. Harbison, in
    9      the investing context, I mean?
  10               A.       Yes.
  11               Q.       And can you describe what you
  12       understand shorts to be?
  13               A.       You borrow some shares to
  14       bring the share price down.
  15               Q.       So if you're short a stock you
  16       can profit from betting that the stock
  17       price is going to go down?
  18               A.       Yeah, you borrow the shares
  19       for a fee, if I'm understanding -- I
  20       never did shorts, so it's kind of pricey
  21       if you don't know what you're doing.
  22               Q.       Have you ever heard the term
  23       short squeeze before?
  24               A.       Yes.
  25               Q.       How would you define a short

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 50 of
                                      200


                                                                  Page 49

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      squeeze?
    3              A.       It's pretty much when -- I'm
    4      sorry. It's when the volume, a lot of
    5      people pile in, there's way too more
    6      shorts than there has to be. So after a
    7      certain while the more people that start
    8      to buy that company, the volume pushed it
    9      up and then shorts have to cover or sell
  10       their shares back from who they bought it
  11       from for a certain price and get out in
  12       time before it keeps eating up their
  13       profits.
  14               Q.       Thank you. That's helpful.
  15                        And around this period that
  16       we've been discussing, January of 2021,
  17       had you heard about a possible short
  18       squeeze in GameStop?
  19               A.       I don't remember.
  20               Q.       And you're familiar with a
  21       company call AMC, right?
  22               A.       Yes.
  23               Q.       And did you ever research AMC
  24       as a potential investment?
  25               A.       Yes.

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 51 of
                                      200


                                                                  Page 50

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       And what research did you
    3      conduct?
    4              A.       There was rumors about Amazon
    5      supposedly buying it and then also --
    6      that was it, yeah. There is two AMC
    7      stocks, so that was just it.
    8              Q.       And when do you recall hearing
    9      about rumors that Amazon might buy AMC?
  10               A.       I don't remember exactly.
  11               Q.       Do you know anything about the
  12       finances or profits of AMC?
  13               A.       No.
  14               Q.       Have you ever looked at any
  15       SEC filings by AMC?
  16               A.       No.
  17               Q.       Or earnings announcements,
  18       press releases, that sort of thing, put
  19       out by AMC?
  20               A.       Press releases, yes.
  21       Earnings, no.
  22               Q.       When do you recall looking at
  23       press releases or AMC's press releases?
  24                        I'm sorry. I didn't hear you.
  25               A.       I don't remember.

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 52 of
                                      200


                                                                  Page 51

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       Okay. Thank you. In January
    3      2021 do you recall any company
    4      announcements from AMC?
    5              A.       I don't recall.
    6              Q.       Are you aware of anything AMC
    7      was doing differently as a company in
    8      January of 2021?
    9              A.       I honestly --
  10                        MR. KIM:       Objection, form.
  11               Q.       You can answer, Mr. Harbison.
  12               A.       I honestly don't recall.
  13               Q.       So you don't recall hearing
  14       anything, any news about the company that
  15       would make the stock price increase in
  16       this time period?
  17                        MR. KIM:       Objection to form.
  18               You can answer, Mr. Harbison.
  19               A.       I don't recall, honestly.
  20               Q.       And you also don't recall any
  21       new products or developments from AMC in
  22       January 2021; is that right?
  23               A.       No, I would have heard about
  24       that one, I didn't hear about that.
  25               Q.       And did you hear about a

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 53 of
                                      200


                                                                  Page 52

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      possible short squeeze in AMC in January
    3      2021?
    4              A.       Yes.
    5              Q.       And when did you first hear
    6      about a possible short squeeze in AMC?
    7              A.       I don't remember the exact
    8      date.
    9              Q.       Can you describe what you
  10       heard around that time?
  11               A.       I honestly can't.
  12               Q.       Were you interested in
  13       potentially participating in an attempted
  14       short squeeze of AMC?
  15               A.       Yes.
  16               Q.       And why is that?
  17               A.       To see profit.
  18               Q.       So you thought that if there
  19       was a short squeeze or an attempted short
  20       squeeze in AMC that you could potentially
  21       invest -- see the price increase and then
  22       sell your shares before the end of the
  23       squeeze?
  24                        MR. KIM:        Objection to form.
  25               Q.       You can answer, Mr. Harbison.

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 54 of
                                      200


                                                                  Page 53

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       At that time I don't recall.
    3              Q.       Well, how do you profit from a
    4      short squeeze if you're taking a long
    5      position in AMC?
    6                       MR. KIM:         Objection to form.
    7              A.       Yeah.      Umm, so from what I
    8      recall, I remember hearing the short
    9      squeeze in that year timeframe, but also
  10       I remember for long-term I remember
  11       buying it for Amazon as well about buying
  12       AMC.        Amazon purchasing AMC, that was the
  13       rumor.
  14               Q.       Mr. Harbison, I believe a few
  15       moments ago you testified that you were
  16       interested in participating in a
  17       potential short squeeze of AMC to
  18       profit --
  19               A.       Yes.
  20               Q.       -- right?
  21                        So how did you think that you
  22       could profit from a short squeeze in AMC?
  23                        MR. KIM:         Objection to form.
  24               A.       It's a win win, because if
  25       it's short squeezed, I get paid.                    If the

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 55 of
                                      200


                                                                  Page 54

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      rumor is true about Amazon buying AMC, I
    3      get paid.
    4              Q.       And when you say you get paid,
    5      do you mean when you sell the shares?
    6              A.       No, I would just hold them and
    7      sell options.
    8              Q.       So how would you profit from a
    9      short squeeze in AMC if you held the
  10       shares?
  11               A.       I would put my stop loss, I
  12       would a stop loss on it if it started to
  13       go down fast.           Is that what you're
  14       asking?
  15               Q.       Not exactly. So Mr. Harbison,
  16       if the -- if there's a short squeeze,
  17       let's say in AMC --
  18               A.       Yes.
  19               Q.       -- when the short squeeze
  20       ends, is it your understanding that the
  21       price of the shares will decline?
  22                        MR. KIM:         Objection, calls for
  23               speculation, lack of foundation,
  24               but he can answer the question if
  25               you can.

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 56 of
                                      200


                                                                  Page 55

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       It's a 50/50 because some
    3      short squeezes they come back down on
    4      pump and dump stocks, and some short
    5      squeezes are good earnings and everything
    6      else, like Tesla.
    7              Q.       You just used the phrase "pump
    8      and dump."        What's a pump and dump?
    9              A.       Umm, pretty much anybody buys
  10       -- rushes to buy the stock and you have
  11       to get out real quick before it falls
  12       back down.
  13               Q.       And would you characterize
  14       certain short squeezes or attempted
  15       squeezes as pump and dumps in this way?
  16                        MR. KIM:       Objection, calls for
  17               speculation.
  18                        THE WITNESS:           Should I answer?
  19                        MR. KIM:       You can answer if
  20               you can. Same objection, calls for
  21               speculation.
  22               A.       Can you repeat the question
  23       one more time?
  24               Q.       Sure. So would you
  25       characterize certain short squeezes or

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 57 of
                                      200


                                                                  Page 56

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      attempted short squeezes as pump and
    3      dumps in this way?
    4                       MR. KIM:        Objection, calls for
    5              speculation, vague.
    6              A.       Umm, No.
    7              Q.       Mr. Harbison, I think you
    8      testified a few moments ago that you
    9      would describe a pump and dump as a rush
  10       to buy the stock and you have to get out
  11       real quick before it falls back down,
  12       right?
  13               A.       Yes.
  14               Q.       So is it your understanding
  15       that short squeezes or attempted short
  16       squeezes can also involve a rush to
  17       purchase many shares of a certain stock?
  18                        MR. KIM:        Objection, asked and
  19               answered, calls for speculation.
  20                        MS. YOUNG:          I hadn't asked
  21               that question. You can answer,
  22               Mr. Harbison.
  23                        MR. KIM:        Same objection.
  24               A.       My understanding, no, because
  25       pump and dumps could be of low volume,

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 58 of
                                      200


                                                                  Page 57

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      low amount of shares, and it's a company
    3      you might never heard of. Short squeeze
    4      is something like if everybody believes
    5      Tesla is going to go down, they drop the
    6      price down $50, and he has a new truck
    7      coming out and good earnings, it will
    8      pump back up and it's going to stay up
    9      there.
  10               Q.       So in that example you would
  11       not call that a pump and dump, is that
  12       what you mean?
  13               A.       Which example?
  14               Q.       In the Tesla example you just
  15       used.
  16               A.       Yeah, it's not a pump and
  17       dump.
  18               Q.       So for a short squeeze, I just
  19       want to understand again, because you
  20       said you were interested in participating
  21       in a potential short squeeze in AMC to
  22       profit, right?
  23               A.       Yes.
  24               Q.       Can you explain again to me
  25       how you can profit from a short squeeze?

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 59 of
                                      200


                                                                  Page 58

    1                  BRIAN HARBISON - CONFIDENTIAL
    2                       MR. KIM:       Objection to form,
    3              asked and answered. This is the
    4              third time you are asking him the
    5              same question.
    6              Q.       You can answer, Mr. Harbison.
    7              A.       So pretty much the more it
    8      goes up, you profit.              If the sell calls
    9      or sell puts and you use the shares as
  10       collateral, so it falls back down, you
  11       still get paid, because the calls that
  12       you sold somebody bought go in your
  13       pocket plus the money they give you
  14       upfront, they give you money upfront for
  15       selling calls and you get more money if
  16       the price falls down. So you still get to
  17       keep the shares to use as collateral.
  18               Q.       And in this same timeframe,
  19       January 2021, are you aware of attempted
  20       short squeezes in any other stocks?
  21               A.       In 2021 or in a certain month?
  22               Q.       In January 2021.
  23               A.       I'm not sure. I can't recall
  24       that.
  25               Q.       You don't recall, you know,

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 60 of
                                      200


                                                                  Page 59

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      any discussions about attempted short
    3      squeezes in GME?
    4              A.       Honestly, I don't recall. I
    5      remember hearing it in 2021 but not the
    6      exact month.
    7              Q.       Okay. And 2021, let's say the
    8      whole year, do you recall discussions
    9      about attempted short squeezes in
  10       Blackberry?
  11               A.       No.
  12               Q.       What about Bed Bath & Beyond?
  13               A.       No.
  14               Q.       Kos?
  15               A.       No.
  16               Q.       Nokia?
  17               A.       No.
  18               Q.       Express?
  19               A.       No.
  20               Q.       Tootsie Roll?
  21               A.       No. I don't recall any of
  22       those. I didn't really check for them
  23       like that either, so that's probably why.
  24               Q.       Do you recall any news or
  25       media attention about the price of any of

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 61 of
                                      200


                                                                  Page 60

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      these stocks increasing, you know, beyond
    3      what most people thought that they were
    4      actually worth --
    5                       MR. KIM:       Objection.
    6              Objection, calls for speculation.
    7              A.       From what I remember, I just
    8      seen the tickers trending online in those
    9      rooms trending. I just look to see what
  10       it was and...
  11               Q.       And was this about AMC
  12       specifically?
  13               A.       This was all in those posts up
  14       there.        I remember seeing GameStop up
  15       there.        I remember seeing AMC. I don't
  16       want to guess, so it was those two.
  17               Q.       Do you recall anything about
  18       AMC or GME being heavily shorted by hedge
  19       funds or other institutional investors
  20       around this time?
  21               A.       Which time?
  22               Q.       January 2021.
  23               A.       I'm not sure about that month.
  24       In that year, yes.
  25               Q.       And I think you testified a

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 62 of
                                      200


                                                                  Page 61

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      little while earlier that you recall the
    3      price of GME increasing substantially
    4      around this time in January 2021; is that
    5      right?
    6                       MR. KIM:         Objection to form.
    7              A.       Did I say that?
    8                       MR. KIM:         You can answer.
    9              A.       I don't recall. That was two
  10       years ago.
  11               Q.       Do you recall the price of AMC
  12       increasing dramatically around this time
  13       in January 2021?
  14                        MR. KIM:         Objection to form,
  15               vague.
  16               Q.       You can answer, Mr. Harbison.
  17               A.       Honestly, I'm not sure.
  18               Q.       Have you heard the term meme
  19       stock before?
  20               A.       In what year or exact --
  21               Q.       Just ever.
  22               A.       Yeah.
  23               Q.       Do you recall when you first
  24       heard the term meme stock, approximately?
  25               A.       No.

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 63 of
                                      200


                                                                    Page 62

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       What do you understand a meme
    3      stock to be?
    4              A.       I'm not 100% sure.                 So I'm
    5      just going to say I've heard it
    6      somewhere, Reddit. It's a popular stock.
    7      I don't want to guess but that's --
    8                       MR. KIM:         I mean, you
    9              shouldn't guess.
  10                        THE WITNESS:             Okay.
  11                        MR. KIM:         It's what you know.
  12               We're not here to get your
  13               guessing.
  14               Q.       Is it your understanding that
  15       memes are supposed to be funny,
  16       Mr. Harbison?
  17               A.       I don't recall that. I'm not
  18       sure.
  19               Q.       Do you know what memes are?
  20               A.       Yeah, I know memes.                 You're
  21       talking about the stock market or are you
  22       talking in general?
  23               Q.       Just memes.
  24               A.       Yeah.
  25               Q.       And is it your understanding

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                   212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 64 of
                                      200


                                                                  Page 63

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      that memes are supposed to be funny?
    3              A.       Not all of them.
    4              Q.       Not all of them? Some of them?
    5              A.       Yes.
    6              Q.       Did you believe that any of
    7      the stocks we've been discussing today
    8      were considered meme stocks around this
    9      time in January 2021?
  10                        MR. KIM:        Objection, vague.
  11               A.       I don't recall.
  12               Q.       Let's go back to AMC. Can you
  13       describe in any more detail anything you
  14       heard about AMC on social media or in the
  15       news more generally in January of 2021?
  16                        MR. KIM:        Objection, asked and
  17               answered.
  18               A.       No. I don't recall.
  19                        MS. YOUNG:          Let's go ahead and
  20               look at tab 6, I believe this will
  21               be Exhibit 151.
  22                        (Exhibit 151, copy of posts
  23               from StockTwits, was received and
  24               marked on this date for
  25               identification.)

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 65 of
                                      200


                                                                  Page 64

    1                  BRIAN HARBISON - CONFIDENTIAL
    2                       MS. YOUNG:         I got an email
    3              saying that the Exhibit Share
    4              should be working, Mr. Harbison.
    5              Just hit reload. I emailed them
    6              myself and that's what they said.
    7              So let's see if it's working.
    8                       THE WITNESS:           It's working.
    9                       MR. KIM:       What number are we
  10               looking at?
  11                        MS. YOUNG:         151.
  12                        MR. KIM:       It's not up there,
  13               151.
  14                        THE WITNESS:           Yeah, I see it.
  15                        MR. KIM:       Okay. Here we go.
  16                        THE WITNESS:           Okay.
  17               Q.       Do you recognize this
  18       document, Mr. Harbison?
  19               A.       I know it's StockTwits.
  20               Q.       Do you see a couple of posts
  21       on this page from your handle?
  22                        MR. KIM:       What page are we
  23               looking at?
  24                        MS. YOUNG:         The first one.
  25               A.       Yeah, I see it.

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 66 of
                                      200


                                                                  Page 65

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       It looks like these date from
    3      January 26, 2021, right?
    4              A.       Yes.
    5              Q.       Thank you. In the original
    6      post it looks like it's from somebody
    7      with the user name Oceanavekid. Do you
    8      see that?
    9              A.       Yes.
  10               Q.       And he writes, "GME $200
  11       tomorrow. The SEC doesn't even care about
  12       pumps anymore. It's the wild west,
  13       everyone for themselves." Do you see
  14       that?
  15               A.       Yes.
  16               Q.       And beneath that do you see
  17       that there's GME's ticker and where it
  18       states "Since post $152.53 and then
  19       besides that", kind of over to the side
  20       it states, "Thin: 174.60 and now 22.07."
  21       Do you see that?
  22               A.       Yes.
  23               Q.       On StockTwits does the "then"
  24       price represent the stock's price at the
  25       time of the original post?

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 67 of
                                      200


                                                                  Page 66

    1                  BRIAN HARBISON - CONFIDENTIAL
    2                       MR. KIM:        Objection to form.
    3              A.       Yes.
    4              Q.       So here that would be 174.60
    5      for GME, right?
    6              A.       Yes.
    7              Q.       And do you see where about
    8      halfway down the page you then responded
    9      to this post on January 26th at 4:39
  10       p.m.?
  11               A.       Yes.
  12               Q.       So what did you understand
  13       Oceanavekid to mean when he or she wrote
  14       "GME $200 tomorrow"?
  15                        MR. KIM:        Objection, calls for
  16               speculation.
  17               A.       I can't recall. That was two
  18       years ago.
  19               Q.       Sitting here today, what do
  20       you understand that to mean?
  21                        MR. KIM:        I mean, if he
  22               doesn't -- he doesn't recall then,
  23               he doesn't recall now. Objection,
  24               asked and answered.
  25                        MS. YOUNG:          I didn't ask what

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 68 of
                                      200


                                                                  Page 67

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              he recalled, Phil.
    3                       MR. KIM:       Objection, asked and
    4              answered, calls for speculation.
    5              Q.       Mr. Harbison, sitting here
    6      today, what do you understand that to
    7      mean?
    8                       MR. KIM:       Same objection,
    9              asked and answered, calls for
  10               speculation.
  11               Q.       You can answer, Mr. Harbison.
  12               A.       Yeah, I don't want to guess. I
  13       can't really.
  14               Q.       I'm not asking you to guess.
  15               A.       I can't --
  16               Q.       So if the price of GME at this
  17       time was about $174 a share, did you
  18       believe or do you believe today that he
  19       was expressing that he thought the GME
  20       share price would hit $200 on January
  21       27th?
  22                        MR. KIM:       Objection, calls for
  23               speculation.
  24                        You're asking for what he
  25               thinks someone else -- what's in

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 69 of
                                      200


                                                                  Page 68

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              someone else's mind. I mean, this
    3              is fully speculative.                 Objection,
    4              calls for speculation.
    5                       MS. YOUNG:         Your repeated
    6              speaking objections are noted
    7              though they are improper. You may
    8              answer, Mr. Harbison.
    9                       MR. KIM:       Objection, calls for
  10               speculation.
  11                        MS. YOUNG: You already
  12               objected. I don't why you need to
  13               say it again and again.
  14               A.       I can't really -- I can't
  15       guess, so I don't want to -- that's
  16       pretty much it.
  17               Q.       So sitting here today, what do
  18       you believe he meant when he wrote, "The
  19       SEC doesn't care about pumps anymore?"
  20                        MR. KIM:       Objection, calls for
  21               speculation.
  22               A.       I have no idea.
  23               Q.       What are pumps to you in this
  24       context?
  25                        MR. KIM:       Objection, calls for

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 70 of
                                      200


                                                                  Page 69

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              speculation.
    3              A.       I don't want to guess, so...
    4              Q.       Earlier today you used the
    5      phrase "pump and dump", right?
    6              A.       Yes. Yes.
    7              Q.       Do you understand pumps to be
    8      an abbreviated version of pump and dump?
    9                       MR. KIM:       Objection, calls for
  10               speculation.
  11               A.       I don't want to guess because
  12       -- yeah, I don't know.                I would assume he
  13       means pumps and dumps.
  14               Q.       And by that do you understand
  15       then that the stock price of GME was
  16       inflated?
  17                        MR. KIM:       Objection, calls for
  18               speculation.
  19               A.       That I'm not sure. I never
  20       researched GME.
  21               Q.       And what do you understand is
  22       the "wild west, everyone for themselves"
  23       to mean?
  24                        MR. KIM:       Again, objection,
  25               calls for speculation.

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 71 of
                                      200


                                                                  Page 70

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       That I can't say.
    3              Q.       And you commented two emojis,
    4      like with the laughing faces and wrote "I
    5      should have jumped in", right?
    6              A.       Yes.
    7              Q.       Did you mean you should have
    8      purchased GME?
    9              A.       Yes.
  10               Q.       So in this context you were
  11       saying you should have jumped in by
  12       trading GME, right?
  13               A.       Yes, I sold options.
  14               Q.       And that's because the price
  15       of GME was increasing, right?
  16               A.       Yes.
  17               Q.       And what about the post from
  18       Oceanavekid made you laugh or that you
  19       found comical?
  20               A.       The "wild wild west" part.
  21               Q.       And why is that?
  22               A.       That -- that's what I can
  23       think of but at the time it just seemed
  24       funny.
  25               Q.       It seemed funny that there are

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 72 of
                                      200


                                                                   Page 71

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      potential pump and dumps in GME, is that
    3      what you mean?
    4                       MR. KIM:       Objection,
    5              argumentative. It's not what he
    6              said.
    7              A.       No, I'm not 100%.                It's the
    8      "wild wild west", that's pretty much it.
    9              Q.       And what about GME or, you
  10       know, the market at this time related to
  11       the "wild wild west" comment?
  12                        MR. KIM:       Objection, vague. Is
  13               that a question or a statement?
  14                        MS. YOUNG:         It was a question.
  15                        MR. KIM:       Well, I don't
  16               understand it. Objection, vague.
  17                        MS. YOUNG:         You don't have to
  18               understand it, Phil. You're not the
  19               witness.
  20                        MR. KIM:       I suspect others
  21               don't understand it.
  22               Q.       What do you mean about the
  23       "wild wild west" in the context of this
  24       --
  25                        MR. KIM:       Objection, asked and

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                    212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 73 of
                                      200


                                                                  Page 72

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              answered. You already testified                  --
    3              you already asked him that
    4              question.
    5              Q.       You can answer, Mr. Harbison.
    6                       MR. KIM:       Objection, asked and
    7              answered.
    8              A.       I'm not sure what he means by
    9      it.
  10               Q.       That wasn't my question.
  11                        My question was, what did you
  12       find funny about the "wild wild west"
  13       comment?
  14                        MR. KIM:       Objection, asked and
  15               answered.
  16               A.       I don't want to guess. It's
  17       two years ago.
  18               Q.       Today do you find the post
  19       funny?
  20                        MR. KIM:       Objection, asked and
  21               answered.
  22                        MS. YOUNG:         I didn't ask that.
  23               A.       It's a post on StockTwits,
  24       it's a regular post.
  25               Q.       I'm not sure I follow. Today

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 74 of
                                      200


                                                                  Page 73

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      do you find the post funny?
    3              A.       I mean, it's regular now.
    4                       (Reporter clarification.)
    5              Q.       So you don't find the post
    6      funny today?
    7              A.       No.
    8                       MR. KIM:       Objection to form.
    9              Q.       And immediately beneath that
  10       Oceanavekid responded to you writing,
  11       includes your handle, "You and I both.                       I
  12       saw it go up since '14 but didn't want to
  13       jump in a shit stock. Never thought the
  14       SEC would let it get to this point.
  15       Never thought I'd see $200 for GameStop.
  16       People say AMC might be next. It would be
  17       fucking wild if that just starts pump all
  18       of a sudden." Do you see that?                    "Starts
  19       to pump all of a sudden." Excuse me. Do
  20       you see that?
  21                        This is kind of near the
  22       bottom of the page.
  23               A.       Yeah, I see it. Yeah, I see
  24       it.
  25               Q.       So did you understand this to

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                   212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 75 of
                                      200


                                                                  Page 74

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      mean that Oceanavekid was expressing
    3      regret that they hadn't jumped in to
    4      trade GME?
    5                       MR. KIM:         Objection, calls for
    6              speculation.
    7              A.       That's what he wrote.
    8              Q.       And when he wrote "but didn't
    9      want to jump in a shit stock", what do
  10       you understand a "shit stock" to be?
  11                        MR. KIM:         Objection, calls for
  12               speculation and document speaks for
  13               itself.
  14               A.       Yeah, I can't speak on what he
  15       calls a shit stock.
  16               Q.       What do you think a shit stock
  17       is?
  18                        MR. KIM:         Same objection.
  19               A.       My definition?
  20               Q.       Yeah.
  21               A.       Or what he thinks --
  22               Q.       No. What you think a shit
  23       stock is.
  24               A.       Me, personally, I call a shit
  25       stock that's something that's not worth

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 76 of
                                      200


                                                                  Page 75

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      it.
    3              Q.       And by "not worth it" you mean
    4      not worth the price?
    5              A.       Not worth buying, to me.
    6              Q.       As an investment, like, you
    7      just think it's not worth -- it's not
    8      worth the investment?
    9              A.       Yes.
  10               Q.       So if you didn't think a stock
  11       was worth the investment you wouldn't
  12       expect to see the stock price increase,
  13       right?
  14                        MR. KIM:        Objection, form,
  15               vague, hypothetical. You can answer
  16               the question.
  17               A.       I'm sorry. Repeat one more
  18       time.
  19               Q.       Sure. So if you didn't think a
  20       stock was worth the investment you
  21       wouldn't expect to see the stock price
  22       increase, right?
  23                        MR. KIM:        Objection to form,
  24               incomplete hypothetical, vague.
  25               A.       Not really because there's

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 77 of
                                      200


                                                                  Page 76

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      been stocks that were considered shit
    3      stocks but they turned it around.                    But if
    4      you wasn't researching it you wouldn't
    5      know, so...
    6                       MR. KIM:        We've been going
    7              about a hour. So, you know, once
    8              you finish this sort of line of
    9              questioning or if you think this is
  10               a good time to take a break.
  11                        MS. YOUNG:          No. Let's just
  12               finish this document and then we
  13               can take a break.
  14                        MR. KIM:        That's fine.
  15               Q.       So when you wrote "People say
  16       AMC might be next, will be fucking wild
  17       if that starts to pump all of a sudden",
  18       sitting here today, do you believe that
  19       he was anticipating that AMC stock may
  20       rise?
  21                        MR. KIM:        Objection, calls for
  22               speculation, the document speaks
  23               for itself.
  24               Q.       You can answer, Mr. Harbison.
  25               A.       Yes.

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 78 of
                                      200


                                                                  Page 77

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       Did you consider GME a shit
    3      stock in January 2021?
    4              A.       I never fully researched it,
    5      so I know -- I'm not a fan of GME,
    6      GameStop, I didn't have anything to trade
    7      as a kid, so I stayed away from games
    8      altogether.        But the actual stock, I
    9      never researched it, so I can't really
  10       say.
  11               Q.       And by "next", do you
  12       understand him to be saying that AMC's
  13       price would increase just as GME's had
  14       around this time?
  15                        MR. KIM:       Same objection,
  16               calls for speculation.
  17               A.       Yeah, he said "might be next".
  18       I guess he's hoping AMC goes to 200 or
  19       whatever the number was at the time for
  20       GameStop.
  21               Q.       And then you respond to
  22       Oceanavekid, "I'm still trying to see why
  23       it's even this high", and then there is
  24       two laughing emojis and then you said, "I
  25       thought about AMC too.                It might get some

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 79 of
                                      200


                                                                  Page 78

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      lotto plays."           Do you see that?
    3              A.       Yes.
    4              Q.       And when you wrote, "I'm still
    5      trying to see why it's even this high",
    6      were you saying that you didn't
    7      understand why GME's stock price was as
    8      high as it was at that time?
    9              A.       Yes.
  10               Q.       And is that because you didn't
  11       think that the price of GME was, like,
  12       supported by from what you knew about the
  13       company?
  14                        MR. KIM:         Objection, calls for
  15               speculation, lack of foundation.
  16                        He already said he didn't look
  17               into it, so it's an improper
  18               question.
  19               Q.       You can answer.
  20               A.       I didn't research it so that's
  21       why I didn't know why it was that high.
  22               Q.       And when you wrote, "I thought
  23       about AMC too.           It might get some lotto
  24       plays", you described the purchase of AMC
  25       as lotto plays, right?

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 80 of
                                      200


                                                                  Page 79

    1                  BRIAN HARBISON - CONFIDENTIAL
    2                       MR. KIM:        Objection, document
    3              speaks for itself.
    4              A.       Yes.
    5              Q.       What are lotto plays?
    6              A.       Umm, it's when you buy call
    7      options or puts, put options either for
    8      extremely cheap for, like, a dollar, two
    9      dollars, five dollars and if it hits, you
  10       own -- you get paid, the lotto.
  11               Q.       So there's no relationship
  12       between lotto plays and gambling?
  13               A.       No.    It's a gamble when you
  14       buy something,that's that high or that
  15       low, because that's why it's that cheap
  16       because it's that high or that low,
  17       nobody expects it to go that high or that
  18       low.
  19               Q.       So were you expressing that
  20       you believe trading AMC at this time to
  21       be a gamble?
  22               A.       No.
  23                        MR. KIM:        Objection to form.
  24               A.       No.
  25               Q.       But you characterized it as a

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 81 of
                                      200


                                                                  Page 80

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      lotto play, right?
    3              A.       Yeah.
    4                       MR. KIM:         Objection to form.
    5              A.       If -- I don't remember exactly
    6      how much the options were but let's
    7      suppose they're for a dollar, if you
    8      could spend $10 and make back 2,000,
    9      that's -- why not?
  10               Q.       And would you ever
  11       characterize purchasing shares, not
  12       trading options but actually purchasing
  13       the underlying security as being a lotto
  14       play?
  15               A.       No.
  16               Q.       And you understood from
  17       Oceanavekid's post that there were
  18       discussions about AMC being the next
  19       stock after GME to be pumped, right?
  20                        MR. KIM:         Objection, calls for
  21               speculation.
  22               A.       Yeah, no because you can't
  23       guess that and it didn't even go that
  24       high. AMC didn't even go up to a hundred.
  25       So he was wrong about it being next.

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 82 of
                                      200


                                                                  Page 81

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       So you don't remember any
    3      dramatic increase in the price of AMC
    4      after this point in time in January -- on
    5      January 26, 2021?
    6                       MR. KIM:        Objection, vague.
    7              A.       I can't recall that.
    8              Q.       And so Oceanavekid responds to
    9      you, and this is at the top of the next
  10       page, if you just want to flip over or
  11       scroll down, I guess. He says "It's just
  12       people pumping it and shorts trying to
  13       make money anticipating a drop getting
  14       squeezed.        Big pump going on, only reason
  15       it's up." Do you see that?
  16               A.       Yes.
  17               Q.       And that's in response to your
  18       question about "I'm still trying to see
  19       why it's even this high", right?
  20               A.       A-hum.
  21                        MR. KIM:        Wait.         That's not a
  22               question but, you know, objection,
  23               mischaracterizes the document,
  24               calls for speculation.
  25               Q.       Mr. Harbison, did you

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 83 of
                                      200


                                                                  Page 82

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      understand this post to be in response to
    3      your question about still trying to see
    4      why -- your statement that you're still
    5      trying to see why it's even this high?
    6                       MR. KIM:        Objection, document
    7              speaks for itself.
    8              A.       Yes and no. That's his opinion
    9      but it's not 100% accurate, so...
  10               Q.       I'm asking something just more
  11       basic, as to whether or not his post is
  12       responding to what you said about not
  13       understanding why it's even this high.
  14               A.       Oh, is he answering me?
  15               Q.       Yeah, in that portion of your
  16       post.
  17               A.       Yes.
  18               Q.       And you understood that this
  19       was providing you an explanation as to
  20       why it was so high at this point in time,
  21       right?
  22               A.       An opinion.
  23                        MR. KIM:        Objection to form.
  24               Q.       I'm sorry. I didn't hear you,
  25       Mr. Harbison.

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 84 of
                                      200


                                                                  Page 83

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       An opinion.
    3              Q.       Sure. And his opinion was the
    4      only reason the price of GME was up was
    5      because of investors pumping the stock,
    6      right?
    7              A.       That's what he says there,
    8      yeah.
    9              Q.       In this context you understand
  10       pumping to mean an effort to increase the
  11       stock price before dumping it, right?
  12                        MR. KIM:       Objection to form.
  13               A.       Umm, looking back at it, it
  14       doesn't really make too much sense
  15       because he says shorts are trying to make
  16       money -- oh, I see.
  17                        Honestly -- yeah, I don't want
  18       to assume so -- but that's -- if that's
  19       what he's written, that's what he wrote
  20       down, yes.
  21               Q.       He also mentions shorts that
  22       were getting squeezed, right? I think you
  23       testified earlier today that you have a
  24       general understanding of what short
  25       squeezes are, right?

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 85 of
                                      200


                                                                  Page 84

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       Yes.
    3              Q.       So at this time you were aware
    4      of some discussions of potential short
    5      squeezes in AMC, right?
    6                       MR. KIM:        Objection to form.
    7              A.       No. Because he said it might
    8      be next. It wasn't a guarantee that that
    9      it is next or it's going on right now.
  10               Q.       Right. I think that's why I
  11       used the word "potential".
  12                        So at this time you're aware
  13       of some discussion of potential short
  14       squeezes in AMC, right?
  15               A.       I'd say yes.
  16               Q.       And you commented -- this is a
  17       little further, I think one post down,
  18       that you want to jump in but nervous that
  19       will be the time it actually falls, and
  20       then there are these, like,
  21       crying/laughing emojis, right?
  22               A.       Yes.
  23               Q.       And that was at 4:55 p.m.?
  24               A.       Yes.
  25               Q.       And were you referring -- by

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 86 of
                                      200


                                                                  Page 85

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      "I want to jump in", are you referring to
    3      AMC there?
    4                       MR. KIM:       Object to the form.
    5              A.       No, because he said it might
    6      be next. And this says -- if I'm saying
    7      it's going to fall by the time I get in,
    8      it can't be AMC because it might be, it
    9      means AMC didn't start yet.
  10               Q.       Oh, I'm sorry. What do you
  11       mean by "I want to jump in"?
  12               A.       I'm not sure.
  13                        MR. KIM:       Don't speculate.
  14                        THE WITNESS:           All right.
  15               Q.       From this context, sitting
  16       here today, what do you believe that you
  17       were referring to when you said that you
  18       wanted to jump in?
  19                        MR. KIM:       I mean, again, calls
  20               for speculation. Don't speculate.
  21                        He said he didn't know what he
  22               was doing then and then now you're
  23               asking him what he believed now.
  24               So, again, calls for speculation,
  25               asked and answered.

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 87 of
                                      200


                                                                  Page 86

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       I know it's not AMC by the way
    3      it's written.
    4              Q.       GME?
    5              A.       I said AMC. Are you talking
    6      about AMC or GME?
    7              Q.       I asked you earlier if you
    8      thought it was AMC and you said you
    9      didn't, unless I misunderstood your
  10       response.
  11               A.       Oh, okay. Yeah. Yeah. That's
  12       what I said. So with this --
  13                        MR. KIM:        Objection, calls for
  14               speculation.
  15               A.       -- it's not really detailed so
  16       --
  17               Q.       So from this context you're
  18       not sure whether or not when you wrote "I
  19       want to jump in", whether that refers to
  20       jumping into trade GME or AMC?
  21                        MR. KIM:        Objection.
  22               A.       No.
  23                        MR. KIM:        He's already said it
  24               wasn't AMC, so you keep asking him
  25               the same questions.

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 88 of
                                      200


                                                                  Page 87

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       Yeah, it's not AMC by the way
    3      it's worded, so...
    4              Q.       But by "jump in" you were
    5      referring to trading, right?
    6              A.       Yes.
    7              Q.       And you were nervous because
    8      you thought the price of whatever stock
    9      it is that you were referring to in this
  10       response might fall, right?
  11               A.       Yes.
  12               Q.       And sitting here today, do you
  13       have any understanding as to why you
  14       would worry that the price of these -- of
  15       whatever stock this was might fall?
  16                        MR. KIM:        Objection, calls for
  17               speculation, asked and answered.
  18               A.       Worried you're going to lose
  19       money.        If it falls before you jump in
  20       you are going to lose your money.
  21               Q.       And that's because there is
  22       discussion of possible short squeezes at
  23       least in these two stocks we've been
  24       discussing with respect to this chain,
  25       right?

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 89 of
                                      200


                                                                  Page 88

    1                  BRIAN HARBISON - CONFIDENTIAL
    2                       MR. KIM:       Objection.
    3              A.       No. Because this stock goes to
    4      52 week high and could fall back down
    5      too, so...
    6              Q.       But in this chain where you
    7      are going back and forth with Oceanavekid
    8      you are discussing pumps and short
    9      squeezes, right?
  10                        MR. KIM:       Objection,
  11               mischaracterizes the document, it
  12               speaks for itself.
  13               A.       No. Matter of fact -- I don't
  14       want to guess, I don't recall.
  15               Q.       And why did you want to jump
  16       in?
  17                        MR. KIM:       Objection, vague.
  18               A.       To make money.
  19               Q.       To make money from a pump and
  20       dump?
  21                        MR. KIM:       Objection, calls for
  22               speculation, lack of foundation.
  23               A.       I want to say yes, but I
  24       didn't buy the stock so I guess I ain't
  25       jumping in.

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 90 of
                                      200


                                                                   Page 89

    1                  BRIAN HARBISON - CONFIDENTIAL
    2                       MS. YOUNG:          Now is probably a
    3              good time for a break. How long do
    4              you guys need?
    5                       MR. KIM:        I think we've been
    6              going for, like, 70 minutes. I'd
    7              like a ten minute break at least.
    8                       Mr. Harbison, do you need more
    9              or less time? Is ten minutes good?
  10               It's up to you.
  11                        THE WITNESS:            Like 20.
  12                        MR. KIM:        20.
  13                        VIDEOGRAPHER:             All right.
  14               Going off the record. The time is
  15               11:48 a.m.       This is the end of
  16               Media Unit 1.
  17                        (Recess is taken.)
  18                        VIDEOGRAPHER:             We're back on
  19               the record. The time is 12:12 p.m.
  20               This is the beginning of Media Unit
  21               2.
  22               Q.       Mr. Harbison, you understand
  23       that you're still sworn in and under oath
  24       and have to testify truthfully, right?
  25               A.       Yes.

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 91 of
                                      200


                                                                  Page 90

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       Thank you. All right. Let's go
    3      ahead and mark tab 31. This will be
    4      Exhibit 152. It should be available right
    5      now I think if you refresh your pages.
    6                       (Exhibit 152, Robinhood
    7              trading data re: Brian Harbison,
    8              Bates RHMDL00097431.001 was
    9              received and marked on this date
  10               for identification.)
  11               Q.       Do you see it?
  12               A.       Tab 32.
  13               Q.       Or tab 31.
  14                        MR. KIM:       It says Exhibit 152.
  15               Are you seeing that?
  16                        THE WITNESS:           All right. I'm
  17               seeing it.
  18                        MR. KIM:       It's a spreadsheet.
  19                        THE WITNESS:           Yeah.
  20               Q.       And I can represent to you
  21       that this exhibit contains trading data
  22       that Robinhood produced in connection
  23       with this matter and that the account
  24       number in the left-hand column is your
  25       Robinhood account number.

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 92 of
                                      200


                                                                   Page 91

    1                  BRIAN HARBISON - CONFIDENTIAL
    2                       If you want to see one of your
    3      statements to confirm that for yourself
    4      we can do that but --
    5                       MR. KIM:         We'll stipulate.
    6                       MS. YOUNG:           Thank you.
    7              Q.       Okay. And if you look at this
    8      first row here do you see that you
    9      purchased 100 shares of AMC -- this is in
  10       the second row, excuse me.                      You purchased
  11       100 shares of AMC for 6.86 a share at
  12       22:10 UTC on January 26 -- 27?
  13               A.       Say it one more time?
  14               Q.       Sorry. Do you see the trade
  15       for 100 shares of AMC for 6.86?
  16               A.       6.86?
  17                        MR. KIM:         Is that 7?
  18                        MS. YOUNG:           Excuse me. I'm
  19               sorry. I'm mixing up --
  20                        MR. KIM:         That's the Robinhood
  21               execution price, no?
  22                        MS. YOUNG:           This is the first
  23               row, 100 shares.              The 6.86 I
  24               actually think, Phil, if it's a
  25               limit buy, the 6.86 is what he

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 93 of
                                      200


                                                                  Page 92

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              paid.
    3                       MR. KIM:        Oh. Because I
    4              thought in the other one it was
    5              what Robinhood --
    6                       MS. YOUNG:          I think it was
    7              maybe confused with that one. I
    8              think it's a limit order.
    9                       MR. KIM:        I see. Okay. Well...
  10               Q.       Do you see that purchase, Mr.
  11       Harbison?
  12               A.       Yeah. It has order price as 7,
  13       it shows, yeah.
  14               Q.       And 22 UTC -- so that's the
  15       universal time period, which is five
  16       hours ahead of Eastern.                  So this was
  17       placed at 5:10 p.m. Eastern. So this is
  18       about 15 minutes after you posted the
  19       last post that we looked at in the prior
  20       exhibit, Exhibit 151, right?
  21               A.       Yes.
  22               Q.       Okay. So why did you purchase
  23       these shares of AMC on January 26?
  24               A.       I don't want to speculate.
  25               Q.       Was there something in

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 94 of
                                      200


                                                                  Page 93

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      particular that prompted you to trade at
    3      this time?
    4              A.       I don't recall. Yeah, I don't
    5      want to assume, so...
    6              Q.       Had you heard anything, any
    7      news from AMC about the company on
    8      January 26, to the best of your
    9      recollection?
  10               A.       On that exact date, no.
  11               Q.       But you had been reading posts
  12       concerning AMC on the same day prior to
  13       trading, right?
  14               A.       I don't recall.
  15               Q.       We just looked at several.
  16               A.       That was the same day?
  17               Q.       Right.
  18               A.       Okay.
  19               Q.       And you were posting about AMC
  20       the same day as this trading too, right?
  21                        MR. KIM:         Objection to form.
  22               Mischaracterization of posting
  23               about AMC.        I think those posts you
  24               showed him speak for themselves.
  25                        MS. YOUNG:           He can also speak

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 95 of
                                      200


                                                                  Page 94

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              for himself, Mr. Kim.
    3              A.       Yeah, I don't remember those
    4      posts about GameStop. There was nothing
    5      about me saying anything about AMC.
    6              Q.       Let's go back to the post.
    7      That was 151, tab 6. If you look at the
    8      first page of Exhibit 151, do you see
    9      that your post at 4:45 p.m. where you say
  10       "I thought about AMC too."
  11               A.       Yeah, I see it.
  12               Q.       So you posted about AMC at
  13       4:45 on January 26, 2021, prior to
  14       trading at 5:10 p.m. Eastern, right,
  15       trading in AMC at 5:10 p.m. Eastern?
  16               A.       Yes.
  17               Q.       And did any of this discussion
  18       on social media that you participated in
  19       concerning AMC at all influence your
  20       decision to buy shares of AMC on this
  21       day?
  22               A.       No, because it says lotto
  23       plays, and I said before lotto plays is
  24       options.
  25               Q.       Yeah. So you're saying this

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 96 of
                                      200


                                                                  Page 95

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      was fully independent of any discussion
    3      of AMC at this time that you saw on
    4      social media?
    5              A.       Yes.
    6              Q.       But you don't have any idea
    7      why you decided to trade on this date on
    8      January 26, 2021?
    9                       MR. KIM:        Objection, asked and
  10               answered.
  11               A.       At that exact time, no.
  12               Q.       What about just on this day,
  13       do you have any understanding why you
  14       decided to buy AMC on January 26, 2021?
  15               A.       No.
  16               Q.       But at this point in time you
  17       were aware of discussions about a
  18       potential short squeeze in AMC, right?
  19                        MR. KIM:        Objection,
  20               mischaracterizes the record.
  21               A.       No.
  22               Q.       You testified earlier, Mr.
  23       Harbison, that you were interested in
  24       participating in a potential short
  25       squeeze of AMC around this time, do you

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 97 of
                                      200


                                                                  Page 96

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      recall that?
    3                       MR. KIM:         Objection to form.
    4              A.       Where at?
    5              Q.       Where?
    6              A.       Yeah.
    7              Q.       You testified to that earlier
    8      today.
    9                       MR. KIM:         Objection to form. I
  10               don't -- you know.
  11               Q.       You do not recall saying
  12       anything about wanting to profit from a
  13       short squeeze, a potential short squeeze
  14       in AMC around this time?
  15                        MR. KIM:         Objection. I think
  16               it mischaracterizes prior
  17               testimony.
  18               A.       Yeah, I never said the exact
  19       date or any day.
  20               Q.       I didn't say a date in my
  21       question just now. I just said around
  22       this time.
  23               A.       "At this time" meaning?
  24                        MR. KIM:         Objection. As I
  25               recall I think he said GME, but I

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 98 of
                                      200


                                                                  Page 97

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              don't recall him saying AMC but my
    3              memory is not as good as yours.
    4                       MS. YOUNG:         Probably true.
    5                       MR. KIM:       So objection
    6              misstates his testimony.
    7              Q.       Now, the order type for this
    8      trade, Mr. Harbison, is a limit order.
    9                       What is a limit order, in your
  10       own words?
  11               A.       It's pretty much when you buy
  12       at a certain price that you set the order
  13       to be filled in.
  14               Q.       Is that in contrast to a
  15       market order --
  16               A.       No.
  17               Q.       -- that you're trading? Okay.
  18               A.       So it's pretty much -- it's
  19       not pretty much. If the stock is at, say,
  20       eight dollars or nine dollars and you
  21       think it's going to fall down to seven,
  22       you put the limit order for seven
  23       dollars.
  24               Q.       And it will automatically
  25       purchase shares at that praise?

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 99 of
                                      200


                                                                  Page 98

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       If it falls to that number,
    3      yes.
    4              Q.       So other trades -- so that's
    5      in the order type column. You don't -- do
    6      you know what market order types are?
    7              A.       Yes.
    8                       MR. KIM:        Objection, vague.
    9              Q.       Can you describe what a market
  10       order is?
  11               A.       So you just -- you buy at --
  12       you put the order in and the market gives
  13       you whatever they feel is the exact
  14       number at that time.
  15               Q.       So it's a trade for the
  16       current market price?
  17               A.       Yes, or it might fall at that
  18       price.
  19               Q.       And did you often place orders
  20       as limit orders around this time?
  21               A.       What do you mean exactly?
  22               Q.       I mean, did you frequently,
  23       instead of placing market orders, did you
  24       place limit orders around this time? It
  25       looks like there are a fair number of

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 100 of
                                      200


                                                                   Page 99

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      these that are limit orders.
    3              A.       Yes.
    4              Q.       So I'm wondering if that's a
    5      practice of yours?
    6              A.       Yes.
    7              Q.       And what determines whether
    8      you are going to place a market order or
    9      a limit order?
   10              A.       Umm, if I feel the stock is
   11      going to go down at a certain price, if I
   12      want a certain amount of shares for a
   13      certain amount of money, I'll place a
   14      limit order and see what I get filled.
   15              Q.       Is this the first time you
   16      purchased shares of AMC, January 26,
   17      2021?
   18              A.       That I don't recall. I don't
   19      think so, but I don't want to guess.
   20                       MR. KIM:        Don't guess.
   21                       THE WITNESS:            Okay. I don't
   22              recall.
   23                       MS. YOUNG:          Can we look at tab
   24              7? This will be Exhibit 153.
   25                       (Exhibit 153, copy of

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 101 of
                                      200


                                                                 Page 100

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              StockTwits messages, was received
    3              and marked on this date for
    4              identification.)
    5              Q.       I think it should be available
    6      now.
    7              A.       Yeah. All right.
    8              Q.       And do you recognize this
    9      document, Mr. Harbison?
   10              A.       I recognize the user I'm
   11      talking to.
   12              Q.       OTCgod?
   13              A.       Yes.
   14              Q.       Who is that?
   15              A.       It's like a guy I'm friends
   16      with on the app.
   17              Q.       On StockTwits?
   18              A.       Yes.
   19              Q.       Do you know anything about the
   20      user?
   21              A.       Just on StockTwits.
   22              Q.       And these are posts from
   23      January 26, beginning at 5:07, right?
   24              A.       Yes.
   25              Q.       Okay. And do you see in the

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 102 of
                                      200


                                                                 Page 101

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      top post he writes, "AMC added LOL", and
    3      then says "bullish" next to that?
    4              A.       Yes.
    5              Q.       And below that you commented,
    6      so this is at 5:11 p.m., and you
    7      commented with two laughing emojis and
    8      wrote "Same.        Did you get in on GME?
    9      LOL." Do you see that?
   10              A.       Yes.
   11              Q.       What do you mean by "same"?
   12              A.       I don't recall.
   13              Q.       Sitting here today, what do
   14      you think you meant by "same"?
   15                       MR. KIM:        Objection, calls for
   16              speculation.
   17              A.       Yeah, I don't recall. I can't.
   18              Q.       So do you believe that OTCgod
   19      in the first post was expressing that
   20      they had bought shares of AMC?
   21                       MR. KIM:        Objection, calls for
   22              speculation, document speaks for
   23              itself.
   24              A.       That's what he says, that's
   25      what he wrote down. He said "added".

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 103 of
                                      200


                                                                 Page 102

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       And does "added" mean
    3      purchased AMC?
    4              A.       It could but I didn't -- I
    5      wasn't there to actually see him buy it,
    6      so he could just be saying it, playing
    7      around.
    8              Q.       Fair. But that's what you
    9      would understand that to mean, purchased
   10      AMC, right?
   11              A.       Yes.
   12                       MR. KIM:         Objection.
   13              Q.       That's three minutes before
   14      you purchased your 100 shares of AMC on
   15      January 26 at 5:10 p.m. Eastern, right?
   16                       MR. KIM:         Objection, calls for
   17              speculation.          I mean, we don't know
   18              if these -- the time on these
   19              things are synced, right? I mean,
   20              so...
   21              Q.       Mr. Harbison, do you recall
   22      that in the prior exhibit that we looked
   23      at you purchased 100 shares of AMC at
   24      5:10 p.m., right?
   25              A.       Okay.

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 104 of
                                      200


                                                                 Page 103

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       And in your post right here
    3      from January 26 at 5 -- it's at 5:11
    4      p.m., right?
    5              A.       Yes.
    6              Q.       It's a minute after you bought
    7      100 shares of AMC, right?
    8              A.       Yes.
    9              Q.       Okay. So when you wrote
   10      "same", do you believe that you were
   11      suggesting that you had also bought
   12      shares of AMC?
   13              A.       Yeah. Yes.
   14              Q.       And what does "bullish" mean
   15      to you?
   16              A.       You're in favor of the stock.
   17              Q.       Were you also bullish about
   18      AMC at this time?
   19              A.       This exact time I bought it,
   20      yes, I had to be.
   21              Q.       And why did you want to post
   22      about your trade?
   23              A.       I really don't. I told people
   24      that I got friends with on there, like
   25      him, and that's pretty much it.

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 105 of
                                      200


                                                                  Page 104

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       Did you want him to know that
    3      you were also invested in AMC?
    4              A.       That I can't recall. I'm just
    5      -- just talking. I can't recall exactly
    6      what I was thinking at the time, if I
    7      wanted him to think it or --
    8                       MS. YOUNG:         I think he's
    9              frozen. Mr. Harbison?
   10                       MR. KIM:       Did we lose him?
   11                       VIDEOGRAPHER:            I think we
   12              should go off the record.
   13                       Going off the record. The time
   14              is 12:28 p.m.
   15                       (Recess is taken.)
   16                       VIDEOGRAPHER:            We're back on
   17              the record. The time is 12:35 p.m.
   18              Q.       Okay. Mr. Harbison, you
   19      testified earlier that you sometimes use
   20      StockTwits to research potential
   21      investments, right?
   22              A.       I wouldn't say research, but
   23      get info.
   24              Q.       Okay. So is it fair to say
   25      that you sometimes use StockTwits to get

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 106 of
                                      200


                                                                 Page 105

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      information about potential investments?
    3              A.       Yes.
    4              Q.       And a little while earlier we
    5      looked at a post from you on January 26th
    6      that mentioned AMC, right?
    7              A.       Yes.
    8              Q.       And then on this day or later
    9      the same day you respond to a different
   10      post about AMC, right? So this is back in
   11      Exhibit 153.
   12              A.       Yes.
   13              Q.       And that post that you are
   14      responding to is posted at 5:07, right?
   15              A.       Tab 7?
   16              Q.       Yeah.
   17              A.       Okay. Yeah, I see.
   18              Q.       And in the spreadsheet of your
   19      trades that we looked at earlier, Exhibit
   20      152 that we saw earlier, we saw that you
   21      bought 100 shares of AMC at 5:10 p.m. on
   22      January 26th, right?
   23              A.       Yes.
   24              Q.       And here at 5:11 on January 26
   25      you respond to the post about "AMC added"

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 107 of
                                      200


                                                                 Page 106

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      saying "same", right?
    3              A.       Yes.
    4              Q.       And did anything you were
    5      hearing or writing about AMC on
    6      StockTwits on this day on January 26
    7      influence your decision to buy AMC on
    8      this day?
    9                       MR. KIM:        Objection, asked and
   10              answered.
   11              A.       I don't recall.
   12              Q.       And your testimony is that you
   13      don't recall anything about your -- the
   14      reasons why you decided to trade AMC on
   15      this day?
   16              A.       On that particular date, no.
   17              Q.       Do you recall your reasons for
   18      buying AMC on any other date?
   19              A.       Umm, the rumor about Amazon
   20      purchasing AMC.
   21              Q.       And when was that?
   22              A.       I don't recall.
   23              Q.       And you also asked in this
   24      post, "Did you get in on GME?" Right?
   25              A.       Yes.

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 108 of
                                      200


                                                                 Page 107

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       And you wrote "LOL"?
    3              A.       Yes.
    4              Q.       Why did you write "LOL"?
    5              A.       Yeah, I don't know.
    6              Q.       Is there anything funny about
    7      these posts?
    8              A.       I don't recall at that time.
    9              Q.       If you go further down OTCgod
   10      says he didn't get in on GME but in
   11      hindsight he should have. And then you
   12      respond, "facts. LOL.                 You and me both,
   13      especially today. LOL." Do you see that?
   14              A.       Yeah.
   15              Q.       And by -- sorry. Did you say
   16      something?
   17              A.       I see it.
   18              Q.       Why did you believe that you
   19      should have bought GME at this time?
   20              A.       Honestly, I can't recall.
   21              Q.       At the time you wrote this did
   22      you expect GME stock price to continue to
   23      increase?
   24              A.       I can't recall. There's
   25      nothing saying what the stock price was

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 109 of
                                      200


                                                                 Page 108

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      or anything in this post.
    3              Q.       I think earlier today, Mr.
    4      Harbison, you mentioned that you have not
    5      researched GME as a potential investment,
    6      right?
    7              A.       Yes.
    8              Q.       So why would you regret not
    9      investing in GME around this time if you
   10      had never done any sort of research on
   11      the company as a potential investment?
   12              A.       I can't recall. I don't want
   13      to guess.
   14              Q.       Sitting here today, do you
   15      have any understanding as to why you may
   16      have regretted not purchasing shares of
   17      GME at this time?
   18                       MR. KIM:        Objection, calls for
   19              speculation.
   20              A.       I can't -- I don't want to
   21      guess, so...
   22              Q.       Do you regret not investing in
   23      GME in January 2021, sitting here today?
   24                       MR. KIM:        Objection, calls for
   25              speculation.

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 110 of
                                      200


                                                                 Page 109

    1                  BRIAN HARBISON - CONFIDENTIAL
    2                       MS. YOUNG:         It doesn't.
    3                       MR. KIM:       It does. When he
    4              says he doesn't know on both then
    5              and now and now you're asking if he
    6              regrets something that he                 didn't
    7              know about, that's speculative.
    8                       MS. YOUNG:         It's a different
    9              question that I asked. You can look
   10              at the realtime.
   11              Q.       Mr. Harbison, do you regret
   12      not investing in GME in January 2021, as
   13      you sit here today?
   14                       MR. KIM:       Same objection.
   15              A.       I'd have to see the price, the
   16      price difference, so I can't really say
   17      yes or no.
   18              Q.       What do you mean as to the
   19      price difference?
   20              A.       How much could I have bought
   21      in at, could you have sold options, were
   22      options turned off.             It depends on
   23      everything, so I can't really say.
   24              Q.       Did the fact that you didn't
   25      get in on GME influence your decision to

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 111 of
                                      200


                                                                 Page 110

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      invest in AMC?
    3              A.       No.
    4                       MS. YOUNG:          Let's look at tab
    5              8. This will be Exhibit 154.
    6                       (Exhibit 154, copy of
    7              StockTwits messages was received
    8              and marked on this date for
    9              identification.)
   10              Q.       Is it available?
   11              A.       Yes. I'm looking at it.
   12              Q.       Okay. Sorry. I thought it was
   13      taking a while. Do you recognize this
   14      document?
   15              A.       I know it's on StockTwits. I
   16      recognize the user.
   17              Q.       G0ldmanSnacks?
   18              A.       Yes.
   19              Q.       Who is G0ldmanSnacks?
   20              A.       A person that I met on the
   21      app.
   22              Q.       Do you know anything about
   23      them?
   24              A.       Personally, no, just on the
   25      app.

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 112 of
                                      200


                                                                   Page 111

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       Do you communicate with
    3      G0ldmanSnacks pretty regularly?
    4                       MR. KIM:        Objection to form.
    5              A.       Back then, during lockdown,
    6      yeah.
    7              Q.       And he wrote or she, don't
    8      know, "SPY I just hope the GME doesn't
    9      cause the SEC to put some knee jerk rule
   10      in place as a band aid to prevent
   11      something similar that ends up punishing
   12      realtime traders (see PDT rule)." And
   13      that's in parenthesis. Do you see that?
   14              A.       Yes.
   15              Q.       What is the GME thing?
   16              A.       I can't recall. At least on
   17      GameStop, that's the ticker.                       But that's
   18      as far as I can say.
   19              Q.       Do you recall GME stock price
   20      increasing dramatically around this time?
   21                       MR. KIM:        Objection, asked and
   22              answered.
   23              A.       I can't recall.
   24              Q.       What do you understand it to
   25      mean, that they hope that the GME thing

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 113 of
                                      200


                                                                 Page 112

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      doesn't cause the SEC to put a knee jerk
    3      rule in place as a band aid to prevent
    4      something similar?
    5              A.       I have no idea.
    6              Q.       Why would there be a concern
    7      with respect to punishing retail traders?
    8                       MR. KIM:       Objection, calls for
    9              speculation.
   10              A.       Yeah, I have no idea.
   11              Q.       Do you know what PDT is?
   12              A.       No.
   13              Q.       Have you ever heard the phrase
   14      pattern day trader?
   15              A.       Okay, yes.
   16              Q.       What's a pattern day trader?
   17              A.       Umm, if you have 25,000 -- you
   18      have 25,000 in your account and you day
   19      trade more than I think it's three times
   20      in seven days, you're given a PDT, PDT,
   21      you can't trade for I think three months,
   22      I think it is, the first time.
   23              Q.       Is that -- is that a
   24      regulation that you just described, is
   25      that the PDT rule?

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 114 of
                                      200


                                                                    Page 113

    1                  BRIAN HARBISON - CONFIDENTIAL
    2                       MR. KIM:        Objection to form.
    3              A.       Is that what?             One more time.
    4              Q.       The PDT rule?
    5                       MR. KIM:        He said he didn't
    6              know what it meant and then you
    7              asked him what pattern day trading
    8              meant. So I'd say you're
    9              mischaracterizing his testimony.
   10              A.       Say it one more time.
   11              Q.       So I think you just described
   12      that if you have less than 25,000 in your
   13      account, and you trade more than a
   14      certain number of times a day which I
   15      think you thought was about three in
   16      seven days, you can't trade for three
   17      months, right?
   18              A.       Yes.
   19              Q.       I was asking whether or not
   20      that referred to a PDT rule?
   21                       MR. KIM:        Objection,
   22              mischaracterizes the record.
   23              A.       Yes. That's a PDT rule or it's
   24      a punishment of doing it. I'm not 100%
   25      sure about the rules of PDT.                       I'm 50/50

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                     212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 115 of
                                      200


                                                                 Page 114

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      with it, I'm not 100% sure because I
    3      haven't done any day trading.
    4              Q.       And further down do you see
    5      where you respond to G0ldmanSnacks?
    6              A.       Yeah.
    7              Q.       And you write, "I already seen
    8      a screenshot of them crying to the SEC.
    9      LOL."
   10              A.       Yeah.
   11              Q.       Who is "them"?
   12              A.       I have no idea.
   13              Q.       What screenshot are you
   14      referring to?
   15              A.       I have no idea.
   16              Q.       What is the relationship or
   17      what are you responding to in the prior
   18      post?
   19              A.       What do you mean?
   20              Q.       How does what you wrote right
   21      here at 5:16 p.m. relate to the 5:01 p.m.
   22      post?
   23              A.       I can't recall. At that
   24      moment, talking right now it's like over
   25      two years ago, so I can't really recall

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 116 of
                                      200


                                                                 Page 115

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      what was going on at that time.
    3              Q.       Then beneath that
    4      G0ldmanSnacks writes, "They're using our
    5      tricks against us", frowny face with a
    6      tear, right?
    7              A.       Yeah.
    8              Q.       And further down you commented
    9      with two laughing emojis and said "I
   10      didn't get it -- get in but it's glad to
   11      see people tasting their own medicine."
   12      Right?
   13              A.       Yeah, I see it.
   14              Q.       You didn't invest in GME,
   15      right?
   16              A.       No.
   17              Q.       And what people are tasting
   18      their own medicine?
   19              A.       I can't recall. At that time I
   20      don't know what was being said or what I
   21      was watching or reading, so I can't say.
   22      I forgot about this whole conversation.
   23      It's been two years.
   24              Q.       And seeing this doesn't at all
   25      refresh your recollection or provide any

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 117 of
                                      200


                                                                 Page 116

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      context?
    3              A.       No.
    4              Q.       And GME was heavily shorted
    5      around this time, right?
    6                       MR. KIM:        Objection, assumes
    7              facts.
    8              A.       Yes.
    9              Q.       So if the price of GME
   10      increased, hedge funds who had short
   11      positions would have to scramble to cover
   12      their positions, right?
   13                       MR. KIM:        Objection,
   14              incomplete hypothetical.
   15              A.       With GME or on a short
   16      squeeze, in general?
   17              Q.       On GME.
   18                       MR. KIM:        Objection, calls for
   19              speculation.
   20              A.       Yeah, I don't want to
   21      speculate.
   22              Q.       Were you glad to see that any
   23      institutional investors that were short a
   24      stock like GME might have to taste their
   25      own medicine?

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 118 of
                                      200


                                                                 Page 117

    1                  BRIAN HARBISON - CONFIDENTIAL
    2                       MR. KIM:         Objection, vague.
    3              A.       Where do you see that at?
    4              Q.       You said "glad to see people
    5      tasting their own medicine," right?
    6              A.       Yes.
    7              Q.       Why were you glad to see that?
    8                       MR. KIM:         Objection, asked and
    9              answered.
   10              A.       I don't recall.
   11              Q.       You don't know who "they"
   12      refers to in any of these?
   13                       MR. KIM:         Objection, asked and
   14              answered. How many times do we have
   15              to go over this?
   16                       MS. YOUNG:           As many as I feel
   17              like.
   18                       MR. KIM:         Then we're going to
   19              be here forever.
   20                       MS. YOUNG:           Will you stop this
   21              relentless coaching of the witness.
   22                       MR. KIM:         I'm not coaching the
   23              witness.        You have asked him that
   24              same question, like, three times.
   25                       MS. YOUNG:           Okay. Thank you.

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 119 of
                                      200


                                                                 Page 118

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       I said I don't recall. It's
    3      two years ago.
    4              Q.       Go to 152, that exhibit we
    5      were looking at a little while earlier.
    6      This is the spreadsheet with your trades
    7      on it, right?
    8              A.       Yes.
    9              Q.       If you look at the second row,
   10      on January 27th you placed a limit sell
   11      order for 100 shares or 100 shares of AMC
   12      at 20.46, right?
   13              A.       Yes.
   14              Q.       But if you look at the -- a
   15      couple column over you see the order
   16      cancelled column?
   17              A.       A-hum.
   18              Q.       And looks like this trade was
   19      cancelled, right?
   20              A.       I don't see cancelled but...
   21              Q.       It has the actual date and the
   22      cancel time in it. Do you see that in the
   23      fourth row from the right?
   24              A.       Oh, okay. I see it.
   25              Q.       And why did you cancel this

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 120 of
                                      200


                                                                 Page 119

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      order?
    3              A.       I can't recall.
    4              Q.       Did you believe the stock
    5      price might increase beyond 20.46 a
    6      share?
    7              A.       I have no idea. I'd have been
    8      looking at it at that time, so I'm not
    9      sure what I was doing at that time, at
   10      that moment.
   11              Q.       In the third row do you see,
   12      this is still on January 27th, that you
   13      sold your 100 shares of AMC at 19.78 a
   14      share?
   15              A.       Yes.
   16              Q.       And that was at 14:24 UTC or
   17      9:24 a.m., right?
   18              A.       Yeah.
   19              Q.       And this is the day after you
   20      purchased your shares on January 26,
   21      right?
   22              A.       A-hum.
   23              Q.       So why did you decide to sell
   24      your shares just a day after you bought
   25      them?

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 121 of
                                      200


                                                                 Page 120

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       That was -- I remember I did
    3      it by accident. I meant to put a stop
    4      loss sell, instead I clicked on limit
    5      sell.        I put a stop loss on it in case it
    6      fell down too fast so I can get my own
    7      options filled. That's why I rebought in.
    8              Q.       You are referring to the trade
    9      beneath that from 14:41?
   10              A.       Yes.
   11              Q.       Now, if we look -- but if we
   12      look back at the one that you executed on
   13      accident, you had purchased for 6.86 and
   14      sold it for 19.78?
   15              A.       One more time?
   16              Q.       I said you had purchased those
   17      shares originally on the 26th at 6.86 a
   18      share and sold them for 19.78, right?
   19              A.       A-hum.
   20              Q.       So just on that day the stock
   21      price of AMC had close to tripled, right?
   22              A.       Yes.
   23              Q.       And then about 20 minutes
   24      later that's when you place your buy
   25      order for 100 shares at 18.10, right, a

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 122 of
                                      200


                                                                 Page 121

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      share?
    3              A.       Yes.
    4              Q.       And that was at 14:41 UTC?
    5              A.       What time is that on the East
    6      Coast? I'm not sure what UTC at that
    7      time.
    8              Q.       I think it's in the morning.
    9      Yeah, 9:41.
   10              A.       Okay. Thank you.
   11              Q.       Then it looks like it's
   12      cancelled, if you look in the cancelled
   13      column?
   14              A.       Yeah.
   15              Q.       Do you recall why you
   16      cancelled this order?
   17              A.       Because I wanted to buy it for
   18      cheaper and I set my limit order for 16.
   19              Q.       And is that why we see the
   20      purchase beneath that --
   21              A.       Yes.
   22              Q.       -- for 15.70 a share?
   23              A.       Yes.
   24              Q.       So you thought that 18.10 was
   25      too high a price to pay when you

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 123 of
                                      200


                                                                 Page 122

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      cancelled the prior order?
    3              A.       It wasn't too high but most
    4      likely, I don't want to speculate, but if
    5      it was going -- I seen it going down I
    6      might as well get it for cheaper.
    7              Q.       Why did you think the price
    8      would decline?
    9              A.       My thinking is if you see it
   10      going down the trend lines or if it's
   11      falling down, either way, you know where
   12      it's heading to.
   13              Q.       I'm sorry. I cut you off.
   14              A.       I'm pretty much done.
   15              Q.       So if the price of a stock is
   16      declining, your view is that it will
   17      continue to decline?
   18              A.       Yeah. And then until it gets
   19      to the support level.
   20              Q.       What's the support level?
   21              A.       That's the price where it will
   22      hold or has to hold or it will fall
   23      further.
   24              Q.       And how do you know when a
   25      stock has hit its support level?

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 124 of
                                      200


                                                                 Page 123

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       Well, you chart it.
    3              Q.       And how do you identify that
    4      point on the chart?
    5              A.       Umm, just -- it's hard to
    6      explain because I'm more of a hands-on
    7      type of person but it's just certain
    8      areas where it has to hold.
    9              Q.       By "hold" you mean the price
   10      kind of flattens out, it's not
   11      substantially increasing or decreasing?
   12              A.       It's not going to fall past
   13      that line.
   14              Q.       "Past the line" being a
   15      certain price?
   16              A.       The support level, yeah, yes.
   17              Q.       But if you saw the price of
   18      AMC declining and your general view is
   19      that if a stock price is dropping it's
   20      going keep dropping, why did you want to
   21      buy in again?
   22                       MR. KIM:       Objection to form.
   23              A.       Because it was going towards a
   24      support level. And that's what I mean by
   25      it -- it filled it at that support level,

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 125 of
                                      200


                                                                 Page 124

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      a little bit below it.
    3              Q.       Are you saying that you
    4      thought that the stock price would drop
    5      further and that's why you bought?
    6              A.       No.
    7                       MR. KIM:       Objection to the
    8              form.
    9              A.       It would fall, it would stop
   10      right there and slowly go back up. At
   11      that time I was doing the charting, so I
   12      should have waited a little longer, but
   13      that's usually how it goes.
   14              Q.       So you regret buying at this
   15      price, is that what you mean?
   16              A.       No, I was --
   17              Q.       You said "I should have waited
   18      a little longer." Why did you mean by
   19      that?
   20              A.       Umm, I probably should have --
   21      I was new to charting.                So I see the sell
   22      order under it, so that's probably my
   23      stop loss.
   24              Q.       And two hours later you sell
   25      all but one of these shares at 16.32. Do

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 126 of
                                      200


                                                                 Page 125

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      you see that, this is for 15.97?
    3                       MR. KIM:       You sold at 199.
    4                       MS. YOUNG:         199 to all but
    5              one.
    6                       MR. KIM:       I thought you meant
    7              like $16 or something.
    8                       MS. YOUNG:         I said at 15.97
    9              per share.
   10              A.       I bought it at 15.98 a share.
   11              Q.       15.08?
   12              A.       98.
   13              Q.       Oh, yeah. I'm talking about
   14      the 16.32 sale of 199 shares at 15.97, do
   15      you see that, on January 27 at 6:32 UTC?
   16              A.       Oh, I see the execution price,
   17      15.97, yeah, I see it, 199.
   18              Q.       Why did you decide to sell all
   19      but one share?
   20              A.       I was getting back in and it
   21      probably broke the trend lines. Like I
   22      say, I was new at charting.
   23              Q.       You were selling at this time,
   24      though, right?
   25              A.       No, it was a stop loss. Was it

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 127 of
                                      200


                                                                 Page 126

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      a stop loss?
    3              Q.       Oh, yeah, you're selling at
    4      this price, right, 15.97 at 199 shares?
    5              A.       Yeah, for stop loss.
    6              Q.       So you still had one share of
    7      AMC at this time, right?
    8              A.       Yeah, but I was going to get
    9      back in.
   10              Q.       So you said you kept one in
   11      case you wanted to get back in?
   12              A.       Yeah, after it finished
   13      falling, when it starts to go back up.
   14              Q.       So in this -- sorry. I didn't
   15      mean to interrupt you.
   16              A.       It's all right.
   17              Q.       So is this sort of like how
   18      you used to sometimes purchase one share,
   19      so that -- so that stock would be in your
   20      portfolio so you would remember it and
   21      think about it in case you wanted to
   22      invest more?
   23              A.       Yes.
   24              Q.       So it would be a way for you
   25      to more easily basically track the price

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 128 of
                                      200


                                                                 Page 127

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      movement and you could remember if you
    3      wanted to invest more, right?
    4              A.       Yes.
    5              Q.       And do you recall why you
    6      thought that the price might continue to
    7      decline and you might want to invest at a
    8      lower price?
    9              A.       I can't recall at that time.
   10              Q.       And you made a profit on those
   11      sales, right?
   12              A.       I lost money.
   13              Q.       You sold them for 15.97,
   14      right?
   15              A.       Yeah, and I bought in for 16.
   16              Q.       I think you bought them for
   17      15.70?
   18              A.       Okay, yeah.
   19              Q.       And in the earlier sale you
   20      had bought in at 6.86 or you had -- where
   21      you sold your shares for 19.78 you had
   22      bought them for 6.86, right?
   23              A.       Yes.
   24              Q.       So that was a pretty
   25      substantial profit on that sale, right?

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 129 of
                                      200


                                                                 Page 128

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       I guess, yeah.
    3              Q.       And then about two minutes
    4      after you sold the 199 shares you bought
    5      another 200. Do you see that?
    6              A.       Yes.
    7              Q.       And that's for 15.98 a share?
    8              A.       Yes.
    9              Q.       And you created that order at
   10      14: 34, so that's 11:34 Eastern, right,
   11      Mr. Harbison?
   12              A.       Yes.
   13              Q.       Okay. Sorry. I didn't hear
   14      you.        So why did you buy these shares of
   15      AMC?
   16              A.       Why did I buy them?
   17              Q.       Yes, why did you buy them?
   18              A.       Oh, I see it was trending back
   19      up.
   20              Q.       And so you thought it was a
   21      good time to buy?
   22              A.       Yes, it had stopped falling.
   23              Q.       And was there anything else
   24      that impacted your decision to buy the
   25      shares, aside from seeing the stock price

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 130 of
                                      200


                                                                 Page 129

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      tick upwards?
    3              A.       What do you mean exactly?
    4              Q.       Was there any other factor
    5      that impacted your decision about whether
    6      or not to buy shares of AMC at this time,
    7      aside from watching the price chart?
    8                       MR. KIM:       Objection, vague.
    9              A.       Yeah, I'm not 100% sure at
   10      that moment what I was doing.
   11              Q.       In general, is there other
   12      factors besides the price trends that
   13      influence your trading decisions?
   14                       MR. KIM:       Objection, asked and
   15              answered.
   16              A.       Yeah, the volume and the
   17      Amazon rumor.
   18              Q.       Is it typical for you to trade
   19      the same security numerous times
   20      throughout a single trading day?
   21                       MR. KIM:       Objection, form.
   22              A.       It's not normal but it's
   23      happened before.
   24              Q.       And do you recall anything
   25      about the circumstances of January 27th

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 131 of
                                      200


                                                                 Page 130

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      that contributed to why you traded AMC
    3      multiple times?
    4              A.       No, I can't remember at the
    5      time, at the moment.
    6                       MS. YOUNG:           Let's look now at
    7              tab 9, which I think is going to be
    8              Exhibit 155.
    9                       (Exhibit 155, copy of
   10              StockTwits message was received and
   11              marked on this date for
   12              identification.)
   13              Q.       Do you see this document?
   14              A.       I see it now.
   15              Q.       Do you recognize it?
   16              A.       I know it's StockTwits.
   17              Q.       And do you see that there is a
   18      post from somebody with the user name
   19      HollywoodWolf777 and he writes, "GME no
   20      shit, margin call 2 p.m. start today for
   21      bulls." Do you see that?
   22              A.       Yeah.
   23              Q.       And then beneath that he lists
   24      several securities including AMC and
   25      Express, right?

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 132 of
                                      200


                                                                 Page 131

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       Oh, okay. I see, yeah.
    3              Q.       And then there is a -- I don't
    4      know if it's a tag or something but says
    5      "bearish".
    6              A.       Yeah.
    7              Q.       And the post also included a
    8      picture of a bear made of fire?
    9              A.       Yeah.
   10                       MR. KIM:         Very creative.
   11              Q.       What does bearish mean to you?
   12              A.       It means the stock is going to
   13      go down.
   14              Q.       And so do you understand this
   15      to be saying that you expect AMC and GME
   16      and Express, those stock prices to
   17      decline?
   18              A.       Yes.
   19              Q.       And do you know what this
   20      reference to margin call means?
   21              A.       Yeah.
   22              Q.       Can you explain?
   23              A.       That's when you borrow money
   24      to buy more shares of something and the
   25      price goes down past the margin limit

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 133 of
                                      200


                                                                 Page 132

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      they set for you, you have to either sell
    3      something to get the money back to give
    4      it to the broker or pay out of your
    5      pocket.
    6              Q.       Do you have to put up more to
    7      hold onto those shares?
    8              A.       Yeah.
    9              Q.       And below that you say, you
   10      tag HollywoodWolf and say, "You can't
   11      margin on high volatility stocks."
   12              A.       Yes.
   13              Q.       What did you mean by that?
   14              A.       Because it's high volatility,
   15      a lot of brokers -- I know on Robinhood
   16      they tell you you can't use no margin.
   17      It's strictly all cash.
   18              Q.       And so you observed some high
   19      volatility around this time in the
   20      market?
   21              A.       Yeah, the volume.
   22              Q.       By "volume" you mean many
   23      shares or maybe an unusually high number
   24      of shares being traded?
   25              A.       Yes.

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 134 of
                                      200


                                                                 Page 133

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       Are these specific stocks?
    3                       MR. KIM:         Objection to form.
    4              A.       What do you mean? I'm talking
    5      for -- which one?
    6              Q.       I guess I'm asking if this
    7      high volatility, in terms of volume that
    8      you described, whether or not that was
    9      the market generally or specific stocks?
   10              A.       I'm not sure what's your
   11      question. What are you asking? I'm not
   12      really understanding.
   13              Q.       So when I asked if you
   14      observed high volatility, because that
   15      was a term you used in this post around
   16      that time, you said yeah, the volume.
   17              A.       Yeah.
   18              Q.       And so I asked if by that you
   19      meant that was an unusually high number
   20      of shares being traded and you said yes.
   21      So I was asking, with respect to these
   22      particular stocks or the market broadly?
   23                       MR. KIM:         Objection to form.
   24              A.       Yeah, I'm not really sure what
   25      you mean.

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 135 of
                                      200


                                                                 Page 134

    1                  BRIAN HARBISON - CONFIDENTIAL
    2                       High volatility, they tell you
    3      on Robinhood apps this stock has a high
    4      volatility and you will see at the bottom
    5      you can't use your margin for it.
    6              Q.       So does the high volatility
    7      that you recall observing in around this
    8      time relate to any specific stocks you
    9      can name for me?
   10              A.       GameStop, AMC, and that's
   11      about it that I can remember.
   12              Q.       And you also mentioned
   13      Robinhood. You were discussing certain
   14      restrictions that brokers implemented in
   15      January 2021?
   16                       MR. KIM:        Objection.
   17              A.       I'm sorry. Say that one more
   18      time, the last part.
   19              Q.       I think you mentioned
   20      something about Robinhood.
   21              A.       Yes.
   22              Q.       And saying you couldn't use
   23      margin for certain securities --
   24              A.       Yes.
   25              Q.       -- right?

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 136 of
                                      200


                                                                 Page 135

    1                  BRIAN HARBISON - CONFIDENTIAL
    2                       So are you here in this post
    3      referencing some restrictions that
    4      certain brokers implemented around this
    5      time?
    6                       MR. KIM:        Objection, document
    7              speaks for itself.
    8              A.       Yeah, this on high volatility
    9      stocks, period, on any stocks they
   10      believe have high volatility, you can't
   11      use margin on.
   12              Q.       So the margin call at two p.m.
   13      that's mentioned above that, is it your
   14      understanding that refers to a certain
   15      margin call around this time on January
   16      27th?
   17              A.       That I'm not sure what -- I
   18      think that's, like, different brokers
   19      they call your phone and tell you it's a
   20      margin call, from what I heard.
   21              Q.       And when you wrote "can't use
   22      margin on high volatility stocks" --
   23              A.       Yes.
   24              Q.       -- you weren't especially
   25      surprised that these changes were

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 137 of
                                      200


                                                                 Page 136

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      implemented on trading high volatility
    3      stocks at this time, right?
    4                       MR. KIM:        Objection to form,
    5              vague.
    6              A.       Yeah, I can't really say. I
    7      can't really say for that.
    8              Q.       You knew prior to this point
    9      in time, though, that you can't use
   10      margin on high volatility stocks, right?
   11              A.       Yeah, because the app said it
   12      was a high volatility stock.
   13              Q.       And you testified earlier that
   14      you observed high volatility for certain
   15      stocks around this time, right?
   16              A.       Yes.
   17              Q.       And so it wouldn't be a
   18      surprise to you that there would be
   19      margin calls?
   20                       MR. KIM:        Objection to form.
   21              A.       I wouldn't be surprised or he
   22      wouldn't be surprised?
   23              Q.       That you wouldn't be.
   24              A.       No, I'm not -- margin -- no. I
   25      didn't say nothing about a margin call. I

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 138 of
                                      200


                                                                 Page 137

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      was responding to him, because it's high
    3      volatility.
    4              Q.       So you were expecting you
    5      wouldn't be able to use margin to hold
    6      onto high volatility stocks at this time,
    7      right?
    8                       MR. KIM:       Objection.
    9              A.       Yes. You can't use margin for
   10      any high volatility stock.
   11              Q.       Right. So your expectation was
   12      you couldn't trade those securities on
   13      margin at this time?
   14                       MR. KIM:       Objection, form,
   15              vague.
   16              A.       No. If I remember they tell
   17      you, you don't have to guess, like, on
   18      the app it tells you high volatility and
   19      they take the margin away automatically
   20      so you can't use it.
   21                       If you have the stock, the
   22      ticker, by pump it to high volatility on
   23      the app -- not pump it but if you have
   24      it, like, they stamp "high volatility" on
   25      that ticker, then whatever margin you was

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 139 of
                                      200


                                                                 Page 138

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      using at that time, they take it away and
    3      you have to put funds in to keep those
    4      shares or sell them.
    5              Q.       And you considered GME a high
    6      volatility stock at this time?
    7                       MR. KIM:        Objection to form.
    8              A.       I can't recall. The only thing
    9      I remember is the Robinhood app said it's
   10      a high volatility stock.
   11                       MS. YOUNG:          Let's look at tab
   12              10.
   13                       (Exhibit 156, copy of
   14              StockTwits messages was received
   15              and marked on this date for
   16              identification.)
   17              Q.       Do you see the document, Mr.
   18      Harbison?
   19              A.       Yes.
   20              Q.       Do you recognize it?
   21              A.       StockTwits, that's about it.
   22              Q.       It's from January 27, 2021?
   23              A.       I see it.
   24              Q.       And this was a post with
   25      somebody by the user name FredericLamar,

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 140 of
                                      200


                                                                 Page 139

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      right and he writes "AMC, GME, WSB
    3      playing the Guy Gentile game with these
    4      issues. Trade safe, peeps..." Do you see
    5      that?
    6              A.       Yes.
    7              Q.       And what did you understand
    8      FredericLamar to be referring to by the
    9      term WSB?
   10              A.       I don't know. I asked him what
   11      he means.
   12              Q.       And what does he say back? You
   13      can read it.
   14              A.       Yeah.
   15              Q.       He writes, "Lock down the
   16      float, pump it AH and of course,
   17      eventually dump it."                Right?
   18              A.       Yes.
   19              Q.       And you wrote, "Okay, thanks."
   20              A.       Yeah.
   21              Q.       Do you know who Guy Gentile
   22      is?
   23              A.       Oh, yeah. I don't know what
   24      that is either. That's why I was lost.
   25      That's why I asked him what he meant.

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 141 of
                                      200


                                                                 Page 140

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       What does AH mean?
    3              A.       After hours.
    4              Q.       And so that would read, "Lock
    5      down the float, pump it after hours and
    6      of course eventually dump it", right?
    7              A.       Yes.
    8              Q.       And this is with respect to
    9      AMC and GME?
   10              A.       From what he's saying?
   11              Q.       Right.
   12              A.       Yes. That's what he typed,
   13      yeah.
   14              Q.       Do you know if WSB is
   15      Wallstreetbets?
   16              A.       Yeah, I found out later.
   17              Q.       And so pump it after hours
   18      would mean buy more of these stocks after
   19      hours; is that right?
   20                       MR. KIM: Objection to form.
   21              A.       Yes. I'm assuming that's what
   22      he means.
   23              Q.       And would "dump it" mean sell
   24      those shares of AMC and GME?
   25              A.       Yes.

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 142 of
                                      200


                                                                 Page 141

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       The goal being that by pumping
    3      it after hours it will increase the price
    4      and then you can sell at a higher price
    5      when you dump it, right?
    6                       MR. KIM:       Objection to form.
    7              A.       I'm assuming that's what he
    8      means.
    9              Q.       And in the original post what
   10      does "trade safe peeps" mean to you?
   11              A.       I guess he means trade safely.
   12              Q.       Is there something unsafe or
   13      risky about selling AMC or GME at that
   14      time?
   15              A.       I don't recall. Yeah, I don't
   16      recall at all. I don't know who Guy
   17      Gentle or Gentile is.
   18              Q.       If a stock price is pumped up,
   19      do you think that means that the stock
   20      price is inflated?
   21                       MR. KIM:       Objection, asked and
   22              answered.
   23              A.       I can't say for sure for that
   24      one, on what he means by that. Everybody
   25      has different terms, so I'm not really

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 143 of
                                      200


                                                                 Page 142

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      sure.
    3                       MR. KIM:       Are we done -- I
    4              think we've been going for like
    5              another 70 minutes, if my
    6              calculations are right. Maybe it's
    7              time to take a break, when you're
    8              done with this thing.
    9                       MS. YOUNG:         Time flies when
   10              you're having fun.
   11                       MR. KIM:       I'm glad.
   12                       MS. YOUNG:         How long do you
   13              guys want, like, a few minutes?
   14                       MR. KIM:       Yeah. Mr. Harbison,
   15              is that sufficient time for you? 15
   16              minutes works for me.
   17                       THE WITNESS:           Yes. That's
   18              good.
   19                       VIDEOGRAPHER:            Going off the
   20              record. The time is 1:22 p.m.                  This
   21              is the end of Media Unit 2.
   22                       (Recess is taken.)
   23                       VIDEOGRAPHER:            We're back on
   24              the record. The time is 1:44 p.m.
   25              This is the beginning of Media Unit

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 144 of
                                      200


                                                                 Page 143

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              3.
    3              Q.       Okay. Let's go back to Exhibit
    4      152, that's the trading spreadsheet.
    5                       So, Mr. Harbison, just to sum
    6      up some of these trades that we've been
    7      discussing, on the first row in the
    8      spreadsheet you buy 100 shares of AMC on
    9      January 26th at 6.86 a share, right?
   10              A.       Yeah.
   11              Q.       And then you sell those shares
   12      of AMC at a profit on January 27th at
   13      19.78 a share, right?
   14              A.       Yeah.
   15              Q.       And then you buy 200 shares of
   16      AMC on January 27th at 15.70 per share,
   17      right?
   18              A.       Yeah.
   19              Q.       And then you sell all but one
   20      of those shares of AMC at a profit for
   21      15.97 a share, right?
   22              A.       I wouldn't really call it a
   23      profit, yeah.
   24              Q.       You wouldn't call it a profit
   25      or you don't recall a profit?

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 145 of
                                      200


                                                                 Page 144

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       I wouldn't call it a profit
    3      but yeah.
    4              Q.       Did you sell them for a higher
    5      price than you paid for them?
    6              A.       I'm not sure what I did at
    7      that time but yeah.
    8              Q.       You bought them for 15.70 a
    9      share, right, and then you sold them for
   10      15.97 a share?
   11              A.       Yeah.
   12              Q.       So you sold them for a profit,
   13      right?
   14              A.       Yeah.
   15              Q.       And then you buy 200 shares of
   16      AMC on January 27th at 11:34 Eastern at
   17      15.98 a share, right?
   18              A.       Yeah.
   19              Q.       And then after that you see a
   20      post at 4:04 p.m. Eastern on the 27th
   21      about pumping AMC after hours and
   22      dumping, right?
   23              A.       Yeah.
   24              Q.       And then the next morning on
   25      January 28th, so this is in three rows

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 146 of
                                      200


                                                                 Page 145

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      from the bottom, you sell your 200
    3      hundred shares of AMC for 13.02 at 9:17
    4      a.m. Eastern, right?
    5              A.       Yeah.
    6              Q.       And why did you sell your
    7      shares of AMC at this time?
    8              A.       I'm assuming that's when they
    9      took the buy button away and the price is
   10      plummeting.
   11              Q.       So you're saying that prior to
   12      making this sale of AMC you became aware
   13      of certain restrictions on Robinhood's
   14      platform; is that right?
   15              A.       They removed the buy button
   16      yes.
   17              Q.       By "buy button" you couldn't
   18      buy more shares of AMC?
   19              A.       Yes.
   20              Q.       And that's why you chose to
   21      sell your shares of AMC?
   22              A.       Yes.
   23              Q.       Were there any other
   24      contributing factors?
   25              A.       The price was falling.

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 147 of
                                      200


                                                                 Page 146

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       Were you influenced at all by
    3      users on social media that were telling
    4      you to dump the shares of AMC?
    5                       MR. KIM:         Objection to form.
    6              A.       No.
    7              Q.       So you don't recall why you
    8      bought or sold any of your shares of AMC
    9      on the 26th or the 27th, but you know
   10      that the reason you sold your shares on
   11      the 28th was because of Robinhood's
   12      restrictions, right?
   13              A.       Yeah.
   14              Q.       And you don't recall why you
   15      made any of those purchases or sales of
   16      AMC on the 26th or the 27th but you're
   17      certain that none of these discussions
   18      about AMC that you were participating in
   19      on social media on those same days had
   20      any influence over your trading
   21      decisions, right?
   22                       MR. KIM:         Objection to form.
   23              A.       No. I said earlier, the rumor
   24      about Amazon purchasing AMC.
   25              Q.       That was on January 26th and

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 148 of
                                      200


                                                                 Page 147

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      27th of 2021?
    3              A.       It was in 2021. That's the
    4      only time I bought AMC.
    5              Q.       So the only time you bought
    6      AMC around this time you're claiming is
    7      when there were rumors about Amazon
    8      buying AMC?
    9              A.       Yes.
   10              Q.       Did he end the post concerning
   11      buying AMC at this time that you
   12      participated in that we've looked at
   13      today, did any of them reference any
   14      rumors about Amazon buying AMC?
   15              A.       No.
   16              Q.       Did any of them reference
   17      potential short squeezes in AMC?
   18                       MR. KIM:        Objection to form.
   19              A.       I have to see it again.               But
   20      if I remember, I seen GameStop mission
   21      for short squeeze. I don't remember
   22      seeing AMC being short squeezed.
   23              Q.       I believe you testified
   24      earlier today that you recall discussions
   25      of a potential short squeeze in AMC

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                   212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 149 of
                                      200


                                                                 Page 148

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      around this time and that you wanted to
    3      profit from it. Do you remember that?
    4                       MR. KIM:         Objection to form.
    5              A.       No, I didn't. I'm talking
    6      about GameStop.
    7              Q.       Do you recall posts that we've
    8      looked at today from prior to your sale
    9      that talk about pumping and dumping AMC?
   10                       MR. KIM:         Objection to the
   11              form, asked and answered.
   12              A.       No, I don't.
   13              Q.       If we go back to the exhibits,
   14      what was the last one? 156, which tab?
   15              A.       Which tab?
   16              Q.       10, so it's Exhibit 156.
   17              A.       Okay.
   18              Q.       Do you remember looking at
   19      this document a little while earlier?
   20              A.       Yeah.
   21              Q.       And in this post you are
   22      responding to this user on StockTwits
   23      that's talking about AMC and GME, right?
   24              A.       Yes.
   25              Q.       And you ask him what he means

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 150 of
                                      200


                                                                 Page 149

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      and he says "lock down the float, pump it
    3      after hours and of course eventually dump
    4      it", right?
    5              A.       Yes.
    6              Q.       Does this refresh your
    7      recollection that you were participating
    8      in discussions about pumping and dumping
    9      AMC on January 27th, 2021?
   10                       MR. KIM:        Objection to form.
   11              A.       No, it doesn't. I asked him
   12      what he meant. He told me what he meant.
   13      I said thanks. That was it.
   14              Q.       Right. So you responded to his
   15      response to you about pumping and
   16      dumping, right?          So you saw it?
   17              A.       I don't see nobody, him or me,
   18      saying to pump anything.
   19              Q.       "Pump it after hours and of
   20      course eventually dump it", January 27,
   21      4:14 p.m.        Do you see that?
   22              A.       Yeah, I see that but it's not
   23      saying him or me doing it.
   24              Q.       I didn't suggest that you did
   25      say that.

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 151 of
                                      200


                                                                 Page 150

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       You didn't say that.
    3              Q.       I'm saying you were aware of
    4      discussions about pumping and dumping AMC
    5      on January 27th, 2021.
    6                       MR. KIM:       Objection to form.
    7              A.       I see the words pump and dump
    8      it and that's his definition, his own
    9      opinion.
   10                       MR. KIM:       How many times do we
   11              have to go over this? I mean, we
   12              went over this document for a half
   13              hour and now we're doing it again.
   14              Come on. You got what you want.
   15              Let's go. Come on.
   16                       MS. YOUNG:         Maybe we should
   17              spend another half hour on it.
   18                       MR. KIM:       I mean, we could
   19              but, like, this is not the time for
   20              you to argue with the witness.
   21                       MS. YOUNG: The only way we can
   22              continue with this deposition if
   23              you stop this back-and-forth.
   24                       MR. KIM:       It's not stopping,
   25              it's just, like -- like -

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 152 of
                                      200


                                                                  Page 151

    1                  BRIAN HARBISON - CONFIDENTIAL
    2                       MS. YOUNG:         It's my time, it's
    3              my time, Phil.
    4                       MR. KIM:       This is not -- this
    5              is not -- I mean, you know, this is
    6              -- you're not Matlock, right? You
    7              are here to gather facts.                 So
    8              gather them. Stop going back to the
    9              documents to try to show whatever
   10              you are trying to show, which is
   11              showing nothing.
   12                       MS. YOUNG:         It's really hard
   13              to gather facts when you are so
   14              busy taking up time on the record.
   15                       MR. KIM:       Sure. You want to go
   16              back to the other exhibits too.
   17                       MS. YOUNG:         I might have to.
   18                       MR. KIM:       Yeah, well, I mean
   19              that's par for the course for you.
   20                       MS. YOUNG:         The posts that he
   21              participated in that discussed this
   22              stuff.
   23                       MR. KIM:       Just stop arguing
   24              with him..       you just don't like his
   25              answers but it is what it is.

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 153 of
                                      200


                                                                 Page 152

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       Mr. Harbison, you were
    3      mentioning the buy button, right?
    4              A.       Yes.
    5              Q.       And you became aware of those
    6      restrictions on Robinhood's platform on
    7      January 28th, right?
    8              A.       I don't recall the exact date.
    9              Q.       I believe you said that you
   10      sold your shares on the morning of
   11      January 28th because of the suspension of
   12      the buy button, right?
   13              A.       Yes.
   14              Q.       So it's fair to say that you
   15      knew about those restrictions as of the
   16      morning of January 28th, right?
   17              A.       Yes.
   18              Q.       And can you describe the
   19      restrictions?
   20              A.       They removed the buy button.
   21              Q.       Are there any other
   22      restrictions that you're aware of?
   23              A.       It was halted and -- yeah, it
   24      was halted.
   25              Q.       Do you recall hearing about

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 154 of
                                      200


                                                                 Page 153

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      brokers besides Robinhood imposing
    3      restrictions on their platforms around
    4      that time?
    5              A.       Yes.
    6              Q.       Do you recall which brokers?
    7              A.       TD Ameritrade and I'm not 100%
    8      sure of the other ones. I don't want to
    9      guess.
   10              Q.       Do you recall what
   11      restrictions TD Ameritrade implemented?
   12              A.       Not exactly.
   13              Q.       When you first learned about
   14      the trading restrictions Robinhood
   15      imposed, do you recall hearing anything
   16      about the reason that Robinhood
   17      implemented those restrictions?
   18              A.       No.
   19              Q.       And when you decided to sell
   20      on January 28th, sell your shares of AMC
   21      on January 28th, I mean, had you learned
   22      anything new about AMC as a company since
   23      purchasing the shares on the 27th that
   24      led you to believe that it was now
   25      overvalued?

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 155 of
                                      200


                                                                 Page 154

    1                  BRIAN HARBISON - CONFIDENTIAL
    2                       MR. KIM:       Objection to form.
    3              A.       I didn't say it was overvalued
    4      at all. Once you remove the buy button
    5      and everybody starts selling, panicking
    6      because that's what happened before, I
    7      might as well get out too before I lose
    8      all my money.
    9              Q.       So why didn't you hold onto
   10      your shares?
   11              A.       If it's dropping, why would
   12      you?
   13              Q.       So you always sell when the
   14      price is declining for any of your
   15      investments?
   16              A.       When the buy button is taken
   17      away, yes.
   18              Q.       Did you ever purchase AMC
   19      again after January 27 -- yeah, after
   20      January 27, 2021?
   21                       MR. KIM:       You mean 28th?
   22                       MS. YOUNG:         I thought I said
   23              purchase, right? You sold on the
   24              28th.
   25              A.       Yeah, I don't recall.

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 156 of
                                      200


                                                                 Page 155

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       You don't recall ever holding
    3      AMC after this time?
    4              A.       I don't recall. It's two years
    5      ago.
    6              Q.       So since then you don't recall
    7      ever trading AMC?
    8              A.       No.
    9                       MS. YOUNG:         So let's look at
   10              tab 12. This will be 157.
   11                       (Exhibit 157, copy of
   12              StockTwits messages was received
   13              and marked on this date for
   14              identification.)
   15                       MR. KIM:       Did the Exhibit
   16              Share go down? It says it's
   17              temporarily unavailable to me. Is
   18              yours working, Mr. Harbison?
   19                       THE WITNESS:           It's working.
   20                       MR. KIM:       Let's see what's
   21              going on. Here we go.
   22              Q.       Do you recognize this
   23      document, Mr. Harbison?
   24              A.       This is crypto.
   25              Q.       I just asked if you recognize

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 157 of
                                      200


                                                                 Page 156

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      the document?
    3              A.       Yes.
    4              Q.       And what is it?
    5              A.       Cryptocurrency.
    6              Q.       Are you talking about DOGE.X?
    7              A.       Yes.
    8              Q.       This is a -- this is a post
    9      from you from January 29, 2021, right?
   10              A.       Oh, yeah, I see it. Yeah.
   11              Q.       And you wrote, "DOGE.X how
   12      many people are actually buying the dip
   13      here?" I think that's a teary face but
   14      I'm not positive.            And then "because this
   15      is falling way too much for all these dip
   16      buy posts. Reminds me of AMC."
   17              A.       Yes.
   18              Q.       What did this mean?
   19              A.       It was falling, like, AMC was
   20      falling and Robinhood turned the buy
   21      button off.
   22              Q.       And what do you mean by
   23      "buying the dip"?
   24              A.       They keep buying when it's
   25      falling.

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 158 of
                                      200


                                                                 Page 157

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       You're saying for DOGE.X or --
    3              A.       Yeah.
    4              Q.       And what is buying the dip? I
    5      mean, is it a strategy?
    6              A.       Some people use it as a
    7      strategy to keep buying.                    If it goes low
    8      they keep buying.
    9              Q.       And so if enough people buy
   10      the dip, does that make the stop price
   11      increase?
   12              A.       No.
   13              Q.       So then how is it an effective
   14      strategy?
   15              A.       I think they average down or
   16      they buy more for cheap or cheaply
   17      figuring it's going to go back up
   18      eventually and so they keep buying more
   19      and more.
   20              Q.       And you say, "For all of these
   21      dip buy posts reminds me of AMC", does
   22      that mean there are lots of, you know,
   23      posts about people buying the dip of AMC
   24      around this time?
   25              A.       No, I don't recall exactly, so

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 159 of
                                      200


                                                                 Page 158

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      I can't really -- I don't want to
    3      speculate.
    4              Q.       So you said that -- well, let
    5      me rephrase.
    6                       If enough people buy the dip
    7      such that you would expect -- well, if a
    8      sufficient number of people were buying
    9      the dip would you expect the price to
   10      fall?
   11              A.       Yes, if there's more sellers
   12      than buyers.
   13              Q.       Then why are you asking here
   14      how many people are actually buying the
   15      dip because this is falling way too much
   16      for all of these dip buy posts?
   17              A.       Because by people post it
   18      buying the dip but you are losing more
   19      money because it's still falling.
   20              Q.       Right. So you're querying --
   21      aren't you asking, I would expect the
   22      price to increase if all these people
   23      were actually buying the dip right now?
   24                       MR. KIM:       Objection to form,
   25              document speaks for itself.

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 160 of
                                      200


                                                                 Page 159

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       No. Because cryptocurrency is
    3      different stock to begin with, and either
    4      way the amount of people buy if there's
    5      more people selling it's still going to
    6      go down.
    7              Q.       So why were you asking about
    8      people buying the dip here for this
    9      cryptocurrency?
   10              A.       Because the post says it.
   11      People are posting about buying the dip.
   12              Q.       You weren't seeing that
   13      reflected in the stock price because you
   14      noticed that it's falling way too much,
   15      right?
   16                       MR. KIM:       And DOGE -- are you
   17              talking about DOGE?
   18                       MS. YOUNG:         Yeah, of the
   19              cryptocurrency.
   20              A.       Say it one more time.
   21              Q.       And you weren't seeing people
   22      buying the dip reflected in the price of
   23      DOGE, right, because you noticed it was
   24      falling and you called it way too much?
   25              A.       DOGE is different because you

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 161 of
                                      200


                                                                 Page 160

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      can't really buy the dip because there's
    3      so many coins. This is pretty much
    4      different from stocks altogether,
    5      cryptocurrency. It's a lot to explain,
    6      like, just different.
    7              Q.       Well, then why did you speak
    8      about buying the dip if it's not
    9      applicable to cryptocurrency?
   10              A.       You said what?
   11              Q.       Why did you post about buying
   12      the dip for DOGE if it's not really
   13      applicable to a cryptocurrency?
   14                       MR. KIM:       Objection to form.
   15              A.       Why did I post buying the dip?
   16              Q.       Why did you post about buying
   17      the dip for DOGE if buying the dip isn't
   18      really applicable to crypto currencies?
   19              A.       To that cryptocurrency.
   20              Q.       Right. So why did you post
   21      this?
   22              A.       Because people were posting
   23      about buying the dip.
   24              Q.       Let's go to tab 20, it's
   25      Exhibit 158.

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 162 of
                                      200


                                                                         Page 161

    1                  BRIAN HARBISON - CONFIDENTIAL
    2                       (Exhibit 158, copy of
    3              StockTwits messages was received
    4              and marked on this date for
    5              identification.)
    6              Q.       Do you see the document, Mr.
    7      Harbison?
    8              A.       Yes, I see it.
    9              Q.       Can you identify it?
   10              A.       Yes. I see it's StockTwits.
   11              Q.       And this is from October 2021,
   12      right?
   13              A.       Yeah.
   14              Q.       And then do you see in the top
   15      post it's from somebody OccupyInvesting,
   16      "BGRY we see the stop raid and we're
   17      sending shorts packing."
   18              A.       Yeah.
   19              Q.       Do you see that?                   What is
   20      BGRY?
   21              A.       It's a ticker, Berkshire Grey.
   22              Q.       Do you know what kind of
   23      company that is?
   24              A.       Robotics.
   25              Q.       Do you own shares of BGRY or

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                      212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 163 of
                                      200


                                                                 Page 162

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      did you around this time?
    3              A.       Yeah.
    4              Q.       Why did you want to invest in
    5      BGRY?
    6              A.       It's a robotics for warehouses
    7      and stuff, so it's robotics. I'm a big
    8      fan of technology.
    9              Q.       Does the term OccupyInvesting
   10      have any significance to you, other than
   11      this user name?
   12              A.       No.
   13              Q.       Have you ever heard of Occupy
   14      Wall Street?
   15              A.       Yeah.
   16              Q.       Do you understand that
   17      OccupyInvesting to be in any way related
   18      to the Occupy Wall Street movement?
   19              A.       I can't -- I don't know. I was
   20      in that group, that board, rather, for
   21      that ticker.
   22              Q.       What do you understand "we are
   23      sending shorts packing" to mean?
   24              A.       No idea.
   25              Q.       Do you recall whether there

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 164 of
                                      200


                                                                 Page 163

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      was -- whether BGRY was heavily shorted
    3      around this time?
    4                       MR. KIM:         Objection to form.
    5              A.       Yeah, I'm not sure.
    6              Q.       And you respond with, I think
    7      it's, like, the emoji and says "let us
    8      load first" and then two crying emojis,
    9      right?
   10              A.       Yeah.
   11              Q.       What does "let us load" mean?
   12              A.       That means buy first.
   13              Q.       Who is "us" in this context?
   14              A.       Really me, personally.
   15              Q.       Then why did you say "us"?
   16              A.       I can't recall at that time.
   17              Q.       Does it refer to investors in
   18      StockTwits, the community, more
   19      generally?
   20              A.       Most likely.
   21              Q.       And you wanted to buy more
   22      shares before the stock price of -- what
   23      is this company called, Berkshire Grey?
   24      -- increased further?
   25              A.       Yes.

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 165 of
                                      200


                                                                 Page 164

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       And why did you think the
    3      stock price would increase?
    4              A.       Because it's robotics and it's
    5      AI.
    6              Q.       So you want there to be more
    7      time for investors in this community to
    8      kind of build up their positions before
    9      -- before the stock price was driven up
   10      further?
   11                       MR. KIM:         Objection to the
   12              form.
   13              A.       Yeah.
   14              Q.       There is also something funny
   15      about this.        I'm wondering what the
   16      emojis are for?
   17              A.       At the time I don't remember.
   18              Q.       And then OccupyInvesting, "The
   19      time is now.        Let's run it and trim on
   20      the peak.        Reload and repeat." Do you see
   21      that?
   22              A.       Yeah.
   23              Q.       And "run" refers to driving up
   24      the stock price?
   25              A.       I have no idea.

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 166 of
                                      200


                                                                 Page 165

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       You don't have any idea what
    3      this means?
    4              A.       No.
    5              Q.       So you respond "I don't know,
    6      I'd rather wait and get more shares. I
    7      want to see how low it can go and get a
    8      bigger position, then just sit back and
    9      chill."
   10              A.       Yeah, I see it.
   11              Q.       So if you would rather wait,
   12      you want to see how low it goes, does
   13      that refer to how low the stock price can
   14      go?
   15              A.       Yes.
   16              Q.       Okay. And you then want to buy
   17      when the price is low so you can get a
   18      bigger position, right?
   19              A.       Yeah.
   20              Q.       So you are saying that you
   21      would prefer that the price not increase
   22      right now?
   23              A.       That hash means I want to get
   24      some more.
   25              Q.       Some more, right?

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 167 of
                                      200


                                                                 Page 166

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       And bring my average down.
    3              Q.       Did you also want to send
    4      shorts packing?
    5              A.       I didn't post none of that.
    6                       MR. KIM:        Objection.
    7              Q.       You responded to it, though,
    8      right?
    9              A.       Umm.
   10              Q.       You went back and forth with
   11      OccupyInvesting several times, right?
   12              A.       Yeah, I see that.
   13              Q.       You have no idea what "sending
   14      shorts packing" means?
   15              A.       No. I -- I can't recall it.
   16      Oh, I see what it is.
   17              Q.       Sorry?
   18              A.       The news was putting out
   19      there.        So I guess before anybody else
   20      started to see it he probably started to
   21      buy more shares, if you start posting
   22      more and more news about that company. I
   23      read about it.
   24              Q.       So when you wrote "I don't
   25      know. I'd rather wait" was a direct

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 168 of
                                      200


                                                                 Page 167

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      response to "sending shorts packing"
    3      though, right?
    4                       MR. KIM:       Objection to form.
    5              A.       "The time is now, let's run
    6      it", that was my response to him.
    7              Q.       And why would you rather wait?
    8              A.       And get more shares. I want to
    9      see how low it can go, get a bigger
   10      position.
   11              Q.       And then when OccupyInvesting
   12      tags you and says "Don't whine if you
   13      spend more tomorrow" you say "eh, it's a
   14      win win either way", how is it a win win?
   15              A.       Because I already have shares.
   16              Q.       Is it not also a win if the
   17      price increases because you wanted to
   18      send shorts packing?
   19                       MR. KIM:       Objection to form.
   20              A.       There's -- there's no shorts
   21      on that stock.
   22              Q.       There are no shorts on that
   23      stock?
   24              A.       I mean, there probably was
   25      people shorting it, but it was not a meme

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 169 of
                                      200


                                                                 Page 168

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      stock or nothing.           This is a robotic
    3      stock, this is about jobs not being
    4      filled in warehouses.
    5              Q.       So you think meme stocks are
    6      heavily shorted stocks?
    7              A.       Umm, I don't know too much
    8      about it like that to answer that
    9      question.
   10              Q.       Well, I'm just curious because
   11      we were just talking about shorts here
   12      you said there are no shorts on the
   13      stock. It wasn't a meme stock.
   14              A.       A meme?
   15              Q.       A meme stock, isn't that what
   16      you said?
   17              A.       Yeah, it's not a stock that,
   18      like, anybody is going to run to like
   19      GameStop.
   20              Q.       And what do you mean by "run
   21      to"?
   22              A.       Run to buy more shares and
   23      short squeeze. This is -- I know this
   24      company, like, they're robotics.
   25              Q.       But you considered GME a meme

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 170 of
                                      200


                                                                 Page 169

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      stock?
    3              A.       That's what I consider it now.
    4              Q.       Do you consider AMC a meme
    5      stock?
    6                       MR. KIM:         Objection to the
    7              form, asked and answered.
    8              A.       I only heard GameStop used on
    9      the news.
   10                       MS. YOUNG:           Let's go tab 21.
   11              This will be 159.
   12                       (Exhibit 159, copy of
   13              StockTwits messages was received
   14              and marked on this date for
   15              identification.)
   16              Q.       Do you recognize this
   17      document, Mr. Harbison?
   18              A.       Yeah.
   19              Q.       Is it a post from you from
   20      April 6, 2022?
   21              A.       I remember this.
   22              Q.       And in the first post you say
   23      "GGR I wish people would stop coming
   24      around with AMC, GME and other squeeze
   25      play pump nonsense", right?

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 171 of
                                      200


                                                                 Page 170

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       Yes.
    3              Q.       And when you wrote this did
    4      you mean that there were discussions
    5      about pumping the price of GGR to create
    6      a short squeeze?
    7              A.       There was people coming into
    8      the board, that room, and they'd tag
    9      other tickers and talk about a short
   10      squeeze, but there was no short squeeze.
   11              Q.       Oh, so you were frustrated
   12      that they were talking about short
   13      squeezes of AMC and GME in the page about
   14      GGR?
   15              A.       No. They kept on tagging --
   16      they was trying to say let's make another
   17      GME meme stock, whatever, with GGR. And
   18      they kept tagging, so you can't really
   19      see if the actual news people are talking
   20      about in the comments because --
   21              Q.       Were they also discussing meme
   22      stock or short squeeze events with AMC?
   23              A.       I don't know if this was real
   24      people.        A lot of them were bots. So I'm
   25      not sure if there was even a real person

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 172 of
                                      200


                                                                 Page 171

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      doing it.
    3              Q.       Why did you mention AMC in
    4      this post?
    5              A.       Because Mike kept tagging it.
    6              Q.       Tagging AMC with respect to
    7      squeeze play pump nonsense?
    8              A.       Yeah. I won't say squeeze pump
    9      nonsense, but they kept on definitely
   10      tagging, like, make it another AMC or GME
   11      or something around that area.
   12              Q.       But you did say "AMC squeeze
   13      play pump nonsense", right?
   14              A.       Yeah.
   15              Q.       That's what you wrote?
   16                       And why did you want people to
   17      stop coming around with this squeeze play
   18      pump nonsense regarding AMC and GME?
   19              A.       Because I said before, when a
   20      bunch of people flood the room it's hard
   21      to see the actual news and people who
   22      actually care about the company because
   23      you keep seeing a bunch of bots posting
   24      the same -- the comment over and over.
   25              Q.       So you actually cared about

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 173 of
                                      200


                                                                 Page 172

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      the fundamentals of this company GGR?
    3              A.       Yes.
    4              Q.       And you felt that it was
    5      harder to see that actual information
    6      about the company because it was, you
    7      know, obscured from these discussions
    8      about short squeezes?
    9              A.       Yeah.
   10              Q.       So discussions of short
   11      squeezes, you don't consider that
   12      relevant news to an investment you're in,
   13      right?
   14              A.       No.
   15              Q.       That's because you don't
   16      consider short squeezes to reflect the
   17      actual value of a company that you're
   18      interested in, right?
   19                       MR. KIM:         Objection to form.
   20              A.       No, I don't --
   21                       (Reporter clarification.)
   22              A.       I don't look at that for the
   23      company I'm invested in.
   24              Q.       And somebody else comments and
   25      says, "True. That ruins all good momentum

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 174 of
                                      200


                                                                 Page 173

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      of goof stocks." Right and then you
    3      respond to that and say, "100%"?
    4              A.       Yes.
    5              Q.       And then after that you follow
    6      back up and say, laughing crying emoji,
    7      "I see your point."
    8              A.       Yeah, I don't know what was
    9      said but there's nothing here. Something
   10      is missing.
   11              Q.       Oh.
   12              A.       So maybe the person deleted
   13      his account or it got deleted.
   14              Q.       So this wasn't like a double
   15      response to the, "True that ruins all
   16      good momentum of goof stocks?"
   17              A.       No. NavitheSTfactchecker made
   18      a comment but it's not up there.
   19              Q.       I see. So you just responded
   20      to the prior post with exactly the 100%
   21      emoji?
   22              A.       Yeah.
   23              Q.       Okay. Why did you agree with
   24      what was said in the prior post?
   25              A.       Because he's saying it's going

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 175 of
                                      200


                                                                 Page 174

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      to ruin the company, like, the stock.
    3              Q.       You mean discussions of short
    4      squeezes that are in this -- I don't know
    5      if you describe it as a page or a chain
    6      or something?
    7                       MR. KIM:         Objection to form.
    8              A.       Yeah, it's just a message
    9      board, pretty much, with different
   10      tickers have separate rooms.
   11              Q.       How does that discussion ruin
   12      good momentum?
   13              A.       I'm not sure exactly what he
   14      meant, when looking at it.
   15              Q.       But you agreed with it, right?
   16              A.       Yeah.
   17              Q.       So what did you understand him
   18      to mean that you were agreeing with?
   19              A.       Unless that's one of his
   20      comments got taken out too.
   21              Q.       Why do you --
   22              A.       Oh, I see. So good momentum is
   23      it goes up regularly and doesn't shoot
   24      up.
   25              Q.       What's a goof stock to you?

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 176 of
                                      200


                                                                 Page 175

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       I have no idea about that
    3      part.
    4                       MR. KIM:        If I had to guess
    5              it's probably a typo.
    6                       THE WITNESS:            Oh, yeah, "good
    7              stocks".       Yeah.
    8              Q.       So then if you agreed that
    9      short squeezes ruin good momentum of good
   10      stocks, then are you saying that you
   11      don't think AMC is a good stock?
   12              A.       No.    I'm just saying I don't
   13      want -- they'd probably take the button
   14      off again when I'm trying to invest in
   15      that company.
   16              Q.       Sorry?
   17              A.       I don't want Robinhood to take
   18      off the buy button again while I'm
   19      investing in that company, it's not a
   20      meme stock.
   21              Q.       You are saying AMC is not a
   22      meme stock?
   23                       MR. KIM:        Objection, form.
   24              A.       GameStop.
   25              Q.       Yeah. What about it?              Are you

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 177 of
                                      200


                                                                 Page 176

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      saying you think that GameStop is a meme
    3      stock?
    4              A.       Pretty much I don't want to --
    5      we don't want the buy button to be taken
    6      off because it's a whatever type of
    7      stock, a meme stock or a GameStop stock
    8      or whatever the case may be.
    9              Q.       Is there any discussion of the
   10      buy button here or Robinhood?
   11              A.       On this particular post?
   12              Q.       Sorry?
   13              A.       On this particular post?
   14              Q.       Right.     I'm not sure what the
   15      connection is to what you were
   16      explaining.
   17                       MR. KIM:       You asked him a
   18              question and he answered it, so --
   19                       MS. YOUNG:         And I'm trying to
   20              understand his answer, Phil.
   21              That's why I'm asking him the
   22              question.
   23                       MR. KIM:       You don't have to
   24              argue with him.
   25                       MS. YOUNG:         I'm not arguing.

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 178 of
                                      200


                                                                 Page 177

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       There is no buy button there.
    3              Q.       I'm wondering why you
    4      mentioned the buy button in this context?
    5              A.       Because it ruins all good
    6      stocks.
    7              Q.       The short squeeze ruins all
    8      good stocks?
    9              A.       I'm assuming that's what he
   10      means.
   11              Q.       And you consider short squeeze
   12      play pump to be nonsense?
   13                       MR. KIM:       Objection to form.
   14              A.       That's what I wrote at the
   15      time. So I'm not really sure what I was
   16      --
   17              Q.       I think earlier you testified
   18      that you were interested in participating
   19      in a short squeeze to profit from it.
   20                       MR. KIM:       Objection to form.
   21              Q.       Is there a reason why you also
   22      think that short squeeze play pump is
   23      nonsense?
   24                       MR. KIM:       Objection, form.
   25              A.       I mean, after that buy button

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 179 of
                                      200


                                                                 Page 178

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      it is nonsense because a lot of people
    3      lost money.        So, you know, you can't
    4      really gain nothing from it.
    5              Q.       So you were worried that a
    6      short squeeze or pump play nonsense could
    7      lead brokers to restrict purchasing?
    8              A.       Robinhood.
    9              Q.       Or TD Ameritrade, for
   10      instance, any broker?
   11              A.       Umm, I'm going to say
   12      Robinhood, because that's who took the
   13      buy button off and not other brokers, so
   14      I can't really say.
   15              Q.       So you were -- are you saying
   16      that "short squeeze play pump nonsense"
   17      is why or led to brokers restricting
   18      purchasing?
   19                       MR. KIM:         Objection to form.
   20              A.       I can't speak for other
   21      brokers.
   22              Q.       Let's just say Robinhood.
   23              A.       Yeah.
   24              Q.       You are saying that the short
   25      squeeze or play pump nonsense could lead

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 180 of
                                      200


                                                                 Page 179

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      Robinhood to restrict purchasing?
    3              A.       Yes.
    4                       MR. KIM:         Object to form.
    5              Q.       And that's what happened with
    6      AMC?
    7                       MR. KIM:         Objection to form.
    8              A.       Yes.
    9              Q.       And you didn't want all of
   10      that -- all that squeeze play pump
   11      nonsense, like what happened with AMC or
   12      GME, to interfere with GGR, right?
   13                       MR. KIM:         Objection, form.
   14              A.       Yes.
   15              Q.       And is that what you meant by
   16      "I see your point"?               Oh, you think that's
   17      for a deleted post.
   18              A.       Yeah.
   19              Q.       That's just why you said
   20      "exactly 100%"?
   21              A.       Yeah.
   22                       MS. YOUNG:           Let's go to tab
   23              25. This will be Exhibit 160.
   24                       (Exhibit 160, copy of
   25              StockTwits messages was received

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 181 of
                                      200


                                                                 Page 180

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              and marked on this date for
    3              identification.)
    4              Q.       Do you see the document?
    5              A.       Yeah.
    6              Q.       Do you recognize this?
    7              A.       Yeah.
    8              Q.       And this is a post from March
    9      30th, 2023, right?
   10              A.       Yeah.
   11              Q.       This is pretty recent?
   12              A.       A-hum.
   13              Q.       And the first post is from
   14      SevenSXtheGOAT and they wrote "FFIE
   15      almost 150 million shares short sheesh."
   16      Right?
   17              A.       Yeah.
   18              Q.       What is FFIE?
   19              A.       It's a ticker for Faraday
   20      Future Automation Company.
   21              Q.       Are you invested in that
   22      company?
   23              A.       I was.
   24              Q.       So then are you understanding
   25      this to mean that some investors had a

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 182 of
                                      200


                                                                 Page 181

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      significant short interest in FFIE?
    3              A.       Yeah, 150 million shares.
    4              Q.       And then you write -- you tag
    5      him and say, "I think we see a squeeze."
    6      What kind of emoji is after that?
    7              A.       Is it like a --
    8              Q.       Is it like one of those -- I
    9      don't know how to say it, monster faces?
   10              A.       You tilt your head to the
   11      side, are you unsure?
   12              Q.       Okay. And then, "I've been
   13      here for a while.             LOL."
   14              A.       Yeah.
   15              Q.       Were you saying that you
   16      wanted to see a squeeze?
   17              A.       I wanted the price to go back
   18      up to my -- to the money I lost.
   19              Q.       So since you invested in the
   20      company the price had declined?
   21              A.       Yeah.
   22              Q.       And there's a lot of short
   23      interest around this time?
   24              A.       Yeah.
   25              Q.       And you were hoping for there

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 183 of
                                      200


                                                                  Page 182

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      to be a squeeze so that the price of your
    3      shares would increase?
    4              A.       Yes.
    5              Q.       And had you heard about a
    6      short squeeze prior to this time?
    7              A.       In this company?
    8              Q.       Yeah.
    9              A.       No.
   10              Q.       And then he says "average" and
   11      then you say something like ".56 I think,
   12      started off a little higher. Hopefully a
   13      buck or two comes out of this.                      I believe
   14      in the company just not the economy for
   15      it." Right?
   16              A.       Yeah.
   17              Q.       What do you mean by that?
   18              A.       Which part?
   19              Q.       I guess all of it.
   20              A.       I got in at a low to high of
   21      56 cent, hoping for at least a dollar or
   22      two, and I believe in the company but
   23      seeing the way things is going in America
   24      and around the world and interest rates
   25      going up, inflation, it's not a good time

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 184 of
                                      200


                                                                 Page 183

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      for luxury vehicles.
    3              Q.       So you are saying that you
    4      just -- you hope the price would increase
    5      enough that you could sell it and not
    6      necessarily hold it longer because the
    7      economy didn't look great for it right
    8      now, even though you believed in the
    9      company?
   10              A.       Yeah. After the drone power
   11      meets and everything.
   12              Q.       But you thought that with a
   13      squeeze you could hopefully get, you
   14      know, a buck or two out of it?
   15              A.       Yeah, make my money back.
   16              Q.       So you were hoping that in
   17      some way you could profit from a squeeze,
   18      the potential squeeze in this company?
   19                       MR. KIM:        Objection to form.
   20              A.       Yes.
   21              Q.       Is that part of your -- you
   22      know, an investment strategy for any of
   23      your investments to invest in companies
   24      where you think there might be
   25      significant short interest and

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 185 of
                                      200


                                                                 Page 184

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      potentially short squeezes?
    3              A.       No. That's a term that
    4      everybody throws around StockTwits now
    5      ever since GameStop came around. It's
    6      either short squeezes or little rocket
    7      emojis.
    8              Q.       But that --
    9                       MS. YOUNG:         What did you say,
   10              Phil?
   11                       MR. KIM:       I'm surprised we
   12              haven't seen any rockets.
   13                       MS. YOUNG:         Right. I'm
   14              disappointed.
   15                       MR. KIM:       They're coming up.
   16                       MS. YOUNG:         I don't think so,
   17              actually.
   18              Q.       So do you often invest in
   19      companies, you know, when you see a lot
   20      of discussion about short squeezes around
   21      it, around them?
   22              A.       No.
   23                       MR. KIM:       Objection to form.
   24              I think we're hitting an hour soon,
   25              so whenever you want to wrap up

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 186 of
                                      200


                                                                   Page 185

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              your sort of whatever you're doing.
    3                       MS. YOUNG:          I'm kind of at a
    4              good point now actually. So maybe,
    5              I'm going to say 15 minutes or so.
    6                       MR. KIM:        Is that too long or
    7              too short for you, Mr. Harbison?
    8                       THE WITNESS:            1:20.
    9                       VIDEOGRAPHER:             All right.
   10              Going off the record. The time is
   11              2:33 p.m.       This is the end of Media
   12              Unit 3.
   13                       (Recess is taken.)
   14                       VIDEOGRAPHER:             We are back on
   15              the record. The time is 2:57 p.m.
   16              This is the beginning of Media Unit
   17              4.
   18              Q.       Mr. Harbison, did you ever
   19      trade AMC options?
   20              A.       Yes.
   21              Q.       Do you remember when?
   22              A.       Around that same time period.
   23              Q.       Do you recall whether or not
   24      you exercised them?
   25              A.       No, I couldn't.

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 187 of
                                      200


                                                                 Page 186

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       You couldn't?
    3              A.       Yeah.
    4              Q.       And why is that?
    5              A.       It wasn't worth it because
    6      they halted the stock and brought it back
    7      down, so there would be no point in
    8      buying them.
    9              Q.       So you are saying this was in
   10      January 2021?
   11              A.       Around that time, yeah.
   12              Q.       Is it correct that in January
   13      or February 2021 you didn't buy or sell
   14      any of the other shares at issue in this
   15      litigation?
   16              A.       What do you mean? What are you
   17      talking about?
   18              Q.       So, for instance, am I right
   19      in thinking that in January or February
   20      2021 you didn't buy or sell any shares of
   21      Bed Bath & Beyond?
   22              A.       No.
   23              Q.       Or Blackberry?
   24              A.       Not that I'm aware of.
   25              Q.       Or Express?

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 188 of
                                      200


                                                                 Page 187

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       No, definitely not Express.
    3              Q.       Or GameStop?
    4              A.       No.
    5              Q.       Or Kos?
    6              A.       Not that I'm aware of.
    7              Q.       Tootsie Roll?
    8              A.       No.
    9              Q.       Nokia?
   10              A.       Not that I'm aware of with
   11      that either.
   12              Q.       Or Travago?
   13              A.       No.
   14              Q.       Have you ever purchased
   15      options for any of those stocks?
   16              A.       I can't recall.
   17              Q.       Did you consider buying any of
   18      those stocks in January, 2021?
   19                       MR. KIM:       Objection to form,
   20              asked and answered.
   21              A.       I can't recall.
   22              Q.       Do you hold any of those
   23      stocks today?
   24              A.       No.
   25              Q.       Do you still use Robinhood?

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 189 of
                                      200


                                                                 Page 188

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       Yeah.
    3                       MS. YOUNG:           Now, let's go to
    4              tab 23. This will be Exhibit 160 --
    5              161.
    6                       (Exhibit 161, Certification of
    7              Brian Harbison was received and
    8              marked on this date for
    9              identification.)
   10              A.       You said tab 3.
   11              Q.       It's tab 23 and I think it
   12      should be Exhibit 161.
   13                       Do you recognize this
   14      document, Mr. Harbison?
   15              A.       Yes.
   16              Q.       And is this the certification
   17      that you signed authorizing the Rosen Law
   18      Firm to file this action on your behalf?
   19              A.       Yes.
   20              Q.       And do you see that if you
   21      look at the first page paragraph 4 it
   22      says, "The following is a list of all the
   23      transactions Plaintiff has made in the
   24      respective stocks during the class period
   25      set forth in the Consolidated Complaint:

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 190 of
                                      200


                                                                 Page 189

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       Yes.
    3              Q.       And then if you flip to the
    4      next page, you see AMC minimum opening
    5      position 201 shares?
    6              A.       Yes.
    7              Q.       And there are other trades
    8      that you made in AMC besides these 201
    9      shares in January 2021, right?
   10              A.       I'm not sure. I can't recall.
   11              Q.       Well, earlier today I think we
   12      saw that you bought and sold like 100
   13      shares of AMC between the 26th and 27th
   14      and bought and sold 200 shares of AMC on
   15      the 27th and then bought --
   16              A.       Oh yeah, yeah, yeah. I thought
   17      you were talking about after the 28th.
   18              Q.       Right. But you're only suing
   19      on the latter 201 shares of AMC that you
   20      traded in January 2021, right?
   21              A.       Yes.
   22              Q.       And why is it that this --
   23      you're not suing on the earlier set of
   24      AMC shares that you bought?
   25                       MR. KIM:        Objection. I'm going

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 191 of
                                      200


                                                                 Page 190

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              to direct the -- Mr. Harbison not
    3              to answer the question to the
    4              extent that he's going to reveal
    5              legal strategy or advice that we've
    6              given him on this point.
    7                       So if you have facts, other
    8              than what we told you about that,
    9              you can tell them. If you don't,
   10              then you don't.
   11                       So with that instruction, you
   12              can answer the question.
   13              Q.       Did you earn a profit on your
   14      -- the first 100 shares of AMC that you
   15      bought in January 2021?
   16              A.       Umm, January '21?
   17              Q.       You can go back to that
   18      exhibit if you want. I think it's 152. I
   19      think we looked at it earlier and you
   20      agreed that you did earn a profit on
   21      those trades.
   22              A.       January 27th or 21.
   23              Q.       I mean January of 2021 in the
   24      first 100 shares of AMC that you bought?
   25              A.       Yeah.

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 192 of
                                      200


                                                                 Page 191

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       Did you earn a profit on
    3      those?
    4              A.       Yes.
    5              Q.       And in the second batch that
    6      you bought, you earned a profit on those
    7      as well, right?
    8              A.       Yes.
    9              Q.       Thank you. And now, when did
   10      you first hear about this lawsuit, Mr.
   11      Harbison?
   12              A.       In 2021.
   13              Q.       How did you hear about it?
   14              A.       Google.
   15              Q.       What were you looking for on
   16      Google?
   17              A.       Class action lawsuit. Matter
   18      of fact, it was class action lawsuits
   19      against Robinhood or lawsuits around
   20      Robinhood, rather.
   21              Q.       And you saw something about
   22      the Rosen firm?
   23              A.       Yes.
   24              Q.       So did you contact the Rosen
   25      firm rather than vice versa?

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 193 of
                                      200


                                                                 Page 192

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       I don't recall.
    3              Q.       You don't recall whether or
    4      not you contacted the Rosen firm or
    5      whether or not the Rosen firm contacted
    6      you first?
    7              A.       No, I contacted them first.
    8      Yeah. I left a note, yeah.
    9              Q.       And why did you want to be
   10      involved in this lawsuit?
   11              A.       Recoup the money I lost
   12      because of Robinhood.
   13              Q.       How frequently do you
   14      communicate with the Rosen firm?
   15              A.       Umm, often, leading up to the
   16      deposition.
   17              Q.       And have you read the
   18      Complaint in this case?
   19              A.       The retainer, yes.
   20              Q.       No. I'm sorry. I said the
   21      Complaint in this case.
   22              A.       Yeah, I read that too.
   23              Q.       How much time have you
   24      dedicated to this case outside of
   25      preparing for your deposition?

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 194 of
                                      200


                                                                 Page 193

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              A.       I couldn't give an exact
    3      number.
    4              Q.       Can you give an approximate
    5      sense?
    6              A.       I really can't.
    7              Q.       And do you ever delete your
    8      StockTwits posts?
    9              A.       You can't.
   10              Q.       You can't?
   11              A.       No.
   12              Q.       Like, it's not a feature
   13      that's --
   14              A.       Yeah. They keep it up there.
   15              Q.       I thought that in one of the
   16      prior exhibits that we looked at you
   17      thought that something that you had
   18      posted would have been in response to
   19      somebody else but that that post was now
   20      unavailable.
   21                       How do posts disappear on the
   22      site?
   23              A.       Because if they ban you or you
   24      delete your whole profile, it will still
   25      show up.

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 195 of
                                      200


                                                                 Page 194

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       I see. So you have to actually
    3      delete your account or be banned,
    4      otherwise, you can't selectively delete
    5      your posts?
    6              A.       No.
    7              Q.       Are you aware a request for
    8      production of documents was served on you
    9      through your counsel?
   10              A.       Yes.
   11              Q.       And have you seen those
   12      requests?
   13              A.       Yes.
   14              Q.       What steps did you take to
   15      preserve documents after you were
   16      informed of the requests?
   17              A.       I gave my statements, anything
   18      they asked me, they needed social media
   19      handles, and so on.
   20              Q.       And did you search things like
   21      text messages for any responsive
   22      materials?
   23              A.       No.
   24              Q.       Why is that?
   25              A.       I didn't use it for stocks.

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 196 of
                                      200


                                                                 Page 195

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       You never would have discussed
    3      Robinhood or AMC in any text messages
    4      with anyone ever?
    5              A.       No.
    6              Q.       And what about your email?
    7              A.       Same.
    8              Q.       You would have never discussed
    9      Robinhood with anybody by email ever?
   10              A.       No. Only -- only people I know
   11      personally trades stocks, except for me.
   12              Q.       So you're saying the only
   13      communication you had with people about
   14      investing or stocks would be on one of
   15      these platforms like StockTwits?
   16              A.       Yes.
   17                       MS. YOUNG:           Let's look at tab
   18              33, and this will be Exhibit 162.
   19                       VIDEOGRAPHER:              Okay.   We need
   20              to go off the record. We've lost
   21              the court reporter.
   22                       MS. YOUNG:           Okay.
   23                       VIDEOGRAPHER:              She's had some
   24              issue, I guess.             Going off the
   25              record. The time is 3:08 p.m.

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 197 of
                                      200


                                                                 Page 196

    1                  BRIAN HARBISON - CONFIDENTIAL
    2                       (Off the record.)
    3                       VIDEOGRAPHER:              We're back on
    4              the record. The time is 3:11 p.m.
    5              Q.       And Mr. Harbison, can you send
    6      private messages on StockTwits or no?
    7              A.       Yeah.
    8              Q.       Did you search those messages
    9      in looking for responsive material?
   10              A.       Yes.
   11              Q.       And did you have any
   12      responsive messages to produce?
   13              A.       No.
   14              Q.       Okay. Now we're going to look
   15      at Exhibit 62, which I think should be
   16      available now, 162. Excuse me.
   17                       (Exhibit 162, copy of
   18              StockTwits messages, Bates
   19              P00001316 was received and marked
   20              on this date for identification.)
   21              Q.       Do you see this document, Mr.
   22      Harbison?
   23              A.       I'm looking at it, yes.
   24              Q.       And do you recognize this?
   25              A.       Yes.

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 198 of
                                      200


                                                                 Page 197

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              Q.       And this is a document that
    3      was produced by your counsel that
    4      includes some posts or comments that you
    5      made, right?
    6              A.       Yes.
    7              Q.       Did you compile this document
    8      at the request of your counsel?
    9              A.       Did I make this document?
   10              Q.       Or did you identify the posts
   11      to be included in this document?
   12              A.       What do you mean?
   13              Q.       Were you involved in
   14      identifying any of these posts or
   15      messages that needed to be produced?
   16              A.       Yes.
   17              Q.       And how did you go about doing
   18      that?
   19              A.       I just told them my own user
   20      name for StockTwits and they did the
   21      rest.
   22              Q.       I see. So you didn't say,
   23      okay, here are the specific posts or
   24      messages from my 4,000 on StockTwits that
   25      are relevant here, you just provided your

                                   Veritext Legal Solutions
        212-279-9424                 www.veritext.com                 212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 199 of
                                      200


                                                                 Page 198

    1                  BRIAN HARBISON - CONFIDENTIAL
    2      handle?
    3              A.       Yes.
    4              Q.       And Mr. Harbison, I think most
    5      of these or some of these we've seen
    6      before. I'm not sure that we've seen this
    7      last one.
    8                       Do you know whether or not
    9      this last post is still available on
   10      StockTwits?
   11              A.       It should be. I didn't delete
   12      nothing. You can't delete nothing.
   13              Q.       Are these all from different
   14      chains?
   15              A.       Different chains?
   16              Q.       Or different -- I don't know
   17      how it works on StockTwits in terms of
   18      pages or --
   19              A.       Oh, possibly. I would need to
   20      see the ticker or what room it was in.
   21              Q.       And this doesn't include a
   22      number of the posts that we've reviewed
   23      today, right?
   24              A.       Yeah.
   25                       MS. YOUNG:           Okay. I don't

                                    Veritext Legal Solutions
        212-279-9424                  www.veritext.com                212-490-3430
Case 1:21-md-02989-CMA Document 568-7 Entered on FLSD Docket 06/08/2023 Page 200 of
                                      200


                                                                 Page 199

    1                  BRIAN HARBISON - CONFIDENTIAL
    2              think I have any further questions,
    3              Mr. Harbison. Thank you very much
    4              for your time today.
    5                       MR. KIM:       I didn't see a
    6              rocket emoji on there either. Thank
    7              you.
    8                       VIDEOGRAPHER:            We are off the
    9              record at 3:14 p.m.               And this
   10              concludes today's testimony given
   11              by Brian Harbison. The total number
   12              of Media Units used was four and
   13              will be retained by Veritext.
   14                       (The proceedings were
   15      adjourned at 3:14 p.m.)
   16
   17
   18
   19
   20
   21
   22
   23
   24
   25

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430


File and source

File
gov.uscourts.flsd.590042.568.7.pdf
Size
934,203 bytes
SHA-256
62de425a4c925c2ca3b78be66d954b2bda5b137cf931d6908b2ab664b0490972
Our copy
gov.uscourts.flsd.590042.568.7.pdf
Original
archive.org
Back to top