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Home Source documents Exhibit 12 (Document 568-12): Virtual Videotaped Deposition, Doi Nguyen, March 28, 2023 — Case No. 1:21-MD-2989-CMA

Exhibit 12 (Document 568-12): Virtual Videotaped Deposition, Doi Nguyen, March 28, 2023 — Case No. 1:21-MD-2989-CMA

Summary

Exhibit 12, Document 568-12, in Case 1:21-md-02989-CMA, entered on the docket June 8, 2023: the transcript of the virtual videotaped deposition of Doi Nguyen, taken by the defendant on March 28, 2023 in In re January 2021 Short Squeeze Trading Litigation in the U.S. District Court for the Southern District of Florida. Counsel from Cravath, Swaine & Moore examine the witness for the defendants, with The Rosen Law Firm for the plaintiffs and a Veritext videographer recording. In the opening pages the witness is sworn, the ground rules are explained and Nguyen describes multiple meetings with his lawyer to prepare. The transcript, marked confidential, runs 155 pages and goes off the record at 2:05 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

Date
2023-06-08

Cite this document

“Exhibit 12 (Document 568-12): Virtual Videotaped Deposition, Doi Nguyen, March 28, 2023 — Case No. 1:21-MD-2989-CMA.” Original at archive.org, dated 2023-06-08. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-06-08-covid-era-misc-a14c25f6-1/, SHA-256 a14c25f6929fc1afa1118304924bbe0a6e5bf4bcefa38353d32f2e91ea4a9f24.

Full text

Case 1:21-md-02989-CMA Document 568-12 Entered on FLSD Docket 06/08/2023 Page 1 of
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                              Exhibit 12
Case 1:21-md-02989-CMA Document 568-12 Entered on FLSD Docket 06/08/2023 Page 2 of
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                                                                   Page 1

    1
    2      IN THE UNITED STATES DISTRICT COURT
           FOR THE SOUTHERN DISTRICT OF FLORIDA
    3      Case No. 1:21-MD-2989-CMA
    4      - - - - - - - - - - - - - - - - - - - -x
           IN RE JANUARY 2021 SHORT SQUEEZE
    5      TRADING LITIGATION
    6      - - - - - - - - - - - - - - - - - - - -x
    7                                    March 28, 2023
                                         10:12 a.m.
    8
    9
  10
  11                    ***** CONFIDENTIAL *****
  12
  13                   Virtual Videotaped Deposition of
  14       DOI NGUYEN, taken by Defendant, pursuant
  15       to Notice, held remotely, before Sharon
  16       Pearce, RDR, CRR, CRC, NYRCR, a Registered
  17       Diplomate Reporter, Certified Realtime
  18       Reporter, an dNotary Public of the State
  19       of New York.
  20
  21
  22
  23
  24
  25

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
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                                                                   Page 2

    1
    2      A P P E A R A N C E S:
    3
    4           THE ROSEN LAW FIRM
                       Attorneys for Plaintiffs
    5                  275 Madison Avenue
                       40th Floor
    6                  New York, New York 10016
    7           BY:    PHILLIP KIM, ESQ.
                       MICHAEL COHEN, ESQ.
    8                  LAURENCE M. ROSEN, ESQ.
    9
  10            CRAVATH, SWAINE & MOORE LLP
                       Attorneys for Defendants
  11                   825 Eighth Avenue
                       Suite 4043B
  12                   New York, New York 10019
  13            BY:    KATHLEEN E. YOUNG, ESQ.
                       CHARLOTTE LEPIC, ESQ.
  14
  15
  16
  17       ALSO PRESENT:
  18            ADAM VENTURINI, Videographer
  19            NICHOLAS LIN, Robinhood
  20
                            *        *           *
  21
  22
  23
  24
  25

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
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                                                                     Page 3

    1                    NGUYEN - CONFIDENTIAL
    2                    THE VIDEOGRAPHER:                   Good morning.
    3             We are going on the record at
    4             10:12 a.m. Eastern Standard Time on
    5             March 28, 2023.          Please note that this
    6             deposition is being conducted
    7             virtually.      The quality of recording
    8             depends on the quality of camera and
    9             internet connection of participants.
  10              What is seen from the witness and
  11              heard on screen is what will be
  12              recorded.     Audio and video recording
  13              will continue to take place unless all
  14              parties agree to go off the record.
  15                     This is Media Unit 1 of the
  16              video recorded deposition of
  17              Doi Nguyen taken by counsel for
  18              defendant in the matter of In Re
  19              January 2021 Short Squeeze Trading
  20              Litigation.       It's filed in the
  21              United States District Court for the
  22              Southern District of Florida, Case
  23              No. 1:21-MD-2989-CMA.                This deposition
  24              is being conducted using virtual
  25              technology.

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                   212-490-3430
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                                                                   Page 4

    1                    NGUYEN - CONFIDENTIAL
    2                    My name is Adam Venturini
    3             representing Veritext, and I'm the
    4             videographer today.              The court
    5             reporter is Sharon Pearce, also from
    6             the firm Veritext.             I'm not authorized
    7             to administer an oath.                 I'm not
    8             related to any party in this action,
    9             nor am I financially interested in the
  10              outcome.
  11                     Will the court reporter please
  12              swear in the witness, and then counsel
  13              may proceed.
  14       D O I       N G U Y E N,
  15            having first been duly sworn by
  16            Sharon Pearce, the Notary Public,
  17            was examined and testified as
  18            follows:
  19       EXAMINATION
  20       BY MS. YOUNG:
  21              Q.     Thank you.          Good morning,
  22       Mr. Nguyen.
  23              A.     Good morning.
  24              Q.     My name is Kathleen Young.                 I'm
  25       from the law firm of Cravath, Swaine &

                                  Veritext Legal Solutions
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                                                                   Page 5

    1                    NGUYEN - CONFIDENTIAL
    2      Moore representing defendants in this
    3      action.
    4                    Can you start by please stating
    5      your full name for the record.
    6             A.     Doi Nguyen.
    7             Q.     And what is your current
    8      address?
    9             A.
  10
  11              Q.     And have you ever been deposed
  12       before?
  13              A.     No.
  14              Q.     So I'll start by going over some
  15       basics before we really get started with
  16       the substance.
  17                     So you understand that you've
  18       been sworn in and the testimony you will
  19       give today is under oath?
  20              A.     Yes.
  21              Q.     Is there any reason why you
  22       cannot give complete and truthful
  23       testimony today?
  24              A.     I didn't understand what you
  25       said earlier.

                                  Veritext Legal Solutions
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    1                      NGUYEN - CONFIDENTIAL
    2             Q.       Is there any reason why you
    3      couldn't give accurate testimony today?
    4             A.       I could.
    5             Q.       And the court reporter is taking
    6      down everything that we say, so it's
    7      important that you provide actual verbal
    8      responses to questions that I ask.                    So,
    9      you know, rather shaking your head, that's
  10       not something that the court reporter will
  11       pick up.        You actually have to give a
  12       verbal answer.         Does that make sense?
  13              A.       Yes.
  14              Q.       Also during the course of the
  15       deposition, your counsel may periodically
  16       object to the form of the question that I
  17       ask.        That objection is just for the
  18       record and you should still answer the
  19       question unless your counsel instructs you
  20       specifically not to answer a question on
  21       the basis of privilege.                 Does that make
  22       sense?
  23              A.       Yes.
  24              Q.       If you don't understand any
  25       question that I ask, please just let me

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                                                                      Page 7

    1                     NGUYEN - CONFIDENTIAL
    2      know, and I'll make every effort to
    3      clarify it.       And if you don't hear a
    4      question fully, please just ask me to
    5      repeat it.
    6             A.      Okay.
    7             Q.      Also, if you would please allow
    8      me to finish each question before
    9      answering, I'll also try to do the same
  10       with respect to your answers.                     That's
  11       sometimes easier said than done on these
  12       video platforms, so it's good to kind of
  13       pause before answering.                 And if you need
  14       to take a break at any point, just let me
  15       know, and I'll try to find a place to
  16       stop.       You just can't take a break while a
  17       question is pending.
  18                      Does that make sense?
  19              A.      Yes.
  20              Q.      And did you take any steps to
  21       prepare for your deposition today,
  22       Mr. Nguyen?
  23              A.      Yes.
  24              Q.      What were those steps?
  25              A.      See my lawyer yesterday.

                                  Veritext Legal Solutions
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                                                                     Page 8

    1                    NGUYEN - CONFIDENTIAL
    2             Q.     Just one meeting yesterday?
    3             A.     No.     Multiple meetings.
    4             Q.     How many meetings did you have?
    5      Excuse me.       I'm sorry.
    6             A.     Multiple meetings.
    7             Q.     When were those meetings?
    8             A.     I mean, I don't remember exactly
    9      how many.      But we had multiple encounters.
  10              Q.     Were they in the past week?
  11              A.     Past week.
  12              Q.     Month?
  13              A.     Month.
  14              Q.     All in preparation for your
  15       deposition today?
  16              A.     Well, it was a week, like, for
  17       the preparation -- deposition.                    Yeah.
  18              Q.     And approximately how long were
  19       those meetings?
  20              A.     A couple of hours.
  21              Q.     And who was present at those
  22       meetings?
  23              A.     My attorney.
  24              Q.     Anyone besides your attorney?
  25              A.     Yeah.      Phil -- Phil and Michael.

                                  Veritext Legal Solutions
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    1                    NGUYEN - CONFIDENTIAL
    2             Q.     No one else?
    3             A.     There is one other.                 I don't
    4      remember his name.
    5             Q.     That's okay.
    6                    Did you speak with anyone else
    7      in preparing for this deposition besides
    8      the attorneys that were in those meetings?
    9             A.     No.
   10             Q.     Did you review any documents in
   11      preparation for your deposition today?
   12             A.     Yes.
   13             Q.     Did any of those documents help
   14      refresh your recollection about past
   15      events?
   16             A.     No.
   17             Q.     Did you take any other
   18      preparatory steps for this deposition that
   19      we have not already discussed?
   20             A.     No.
   21             Q.     And have you discussed this
   22      lawsuit with anybody other than your
   23      lawyers?
   24             A.     No.
   25             Q.     Have you ever been a plaintiff

                                  Veritext Legal Solutions
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    1                    NGUYEN - CONFIDENTIAL
    2      in a lawsuit before, Mr. Nguyen?
    3             A.     No.
    4             Q.     Have you ever been sued before?
    5             A.     No.
    6             Q.     So you've never been -- you've
    7      also never been a class representative
    8      before?
    9             A.     No.
   10             Q.     Have you otherwise participated
   11      in a class action lawsuit?
   12             A.     No.
   13             Q.     Are you currently employed?
   14             A.     Yes.
   15             Q.     And what is your job?
   16             A.     Manicures.
   17             Q.     You're a manicurist?
   18             A.     Mm-hmm.
   19             Q.     And how long have you been a
   20      manicurist?
   21             A.     At least ten years.
   22             Q.     And have you ever -- have you
   23      held any other roles aside from the
   24      manicurist position in the past ten years?
   25             A.     No.

                                  Veritext Legal Solutions
        212-279-9424                www.veritext.com                  212-490-3430
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                                                                   Page 11

    1                    NGUYEN - CONFIDENTIAL
    2             Q.     And what is the highest level of
    3      education that you obtained?
    4             A.     Some college.
    5             Q.     Some college.
    6                    And what college was that?
    7             A.     Camden County College.
    8             Q.     Camden.
    9                    Do you have any other
   10      educational credentials, like licenses or
   11      certifications?
   12             A.     No.
   13             Q.     So no certifications or licenses
   14      that relate to finance or investing?
   15             A.     No.
   16             Q.     And do you have a Twitter
   17      account, Mr. Nguyen?
   18             A.     Yes.
   19             Q.     What what's your handle, if you
   20      recall off the top of your head?
   21             A.     I -- I do not recall.
   22             Q.     Do you know if you had that
   23      account in January of 2021?
   24             A.     I believe so.
   25                    MS. YOUNG:          Charlotte, would you

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    1                    NGUYEN - CONFIDENTIAL
    2             mind going ahead and moving into the
    3             exhibit folder previously marked
    4             Exhibit 2, Tab 19.
    5                    (Defendant's Exhibit 2, A letter
    6             dated February 27, 2023, was
    7             previously marked for identification.)
    8             Q.     Yeah.      So you'll have to refresh
    9      the window every time we load an exhibit,
   10      Mr. Nguyen.
   11             A.     Okay.
   12             Q.     It looks like it should be
   13      available now.         If you wouldn't mind
   14      refreshing that page.
   15                    Do you see it?
   16             A.     Yes, I do see it.
   17             Q.     Okay.      Perfect.           So in front of
   18      you is a letter that your counsel
   19      previously provided in this action on
   20      February 27th of this year that lists
   21      social media handles.               And if you turn to
   22      page 3, which I think is page 4 of the
   23      PDF, do you see your name about halfway
   24      down the page?
   25             A.     Yes.

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    1                    NGUYEN - CONFIDENTIAL
    2             Q.     And the handle of your Twitter
    3      account that is provided here is
    4
    5                    Is that the correct account
    6      name?
    7             A.     Yes.
    8             Q.     Have you ever tweeted from that
    9      account?
   10             A.     No.
   11             Q.     What do you usually -- what do
   12      you generally use that account for?
   13             A.     Just general reading.
   14             Q.     What kind of general reading?
   15             A.     Like, I follow Elon Musk, and I
   16      see what he tweets, and that's about it.
   17             Q.     So is it for, you know,
   18      investing?       Are you particularly
   19      interested in Tesla or SpaceX?
   20             A.     No.     I just like what he do.
   21             Q.     Any other particular interests
   22      for in terms of who you follow or who you
   23      like to look at on Twitter?
   24             A.     No.     Not in particular.
   25             Q.     And do you follow sort of

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    1                    NGUYEN - CONFIDENTIAL
    2      general news on Twitter?
    3             A.     No.
    4             Q.     And are you active on this
    5      account today?         I don't mean in terms of
    6      actually tweeting, but just going on
    7      Twitter and looking at the people you
    8      follow.
    9             A.     No.
   10             Q.     Do you recall when you created
   11      your Twitter account?
   12             A.     No, I do not recall.
   13             Q.     Okay.      Let's take a look at
   14      another document.
   15                    MS. YOUNG:          Charlotte, would you
   16             mind marking Tab 13, which -- will
   17             this be Exhibit 22?              Okay.
   18                    (Defendant's Exhibit 22, Twitter
   19             printout, was hereby marked for
   20             identification, as of this date.)
   21             Q.     Sorry.       It will just be a
   22      second.
   23                    (Pause)
   24                    MS. YOUNG:          One second.        We're
   25             having an issue with resetting the

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    1                    NGUYEN - CONFIDENTIAL
    2             number.      Sorry about that.             One
    3             second.
    4                    (Pause)
    5             Q.     Sorry about that, Mr. Nguyen.
    6      It should be available now.
    7             A.     Okay.
    8             Q.     And do you recognize this
    9      document.
   10                    Did you say something,
   11      Mr. Nguyen?
   12             A.     No.     I'm looking over it.              No.
   13      I don't.
   14             Q.     Do you see the handle at the top
   15      of the page?
   16             A.     Yes, I do.
   17             Q.     And can you confirm that that's
   18      your handle?
   19             A.     Yes.
   20             Q.     So can you identify this as your
   21      Twitter profile?
   22             A.     Yes.     But I don't recognize it
   23      in this form.
   24             Q.     Understood.           Thank you for
   25      clarifying.

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    1                    NGUYEN - CONFIDENTIAL
    2                    And do you see the calendar
    3      underneath your handle?
    4             A.     The date?
    5             Q.     Correct.
    6             A.     Mm-hmm.
    7             Q.     When does it say you joined
    8      Twitter?
    9             A.     June 24, '23, 9:44 p.m.
   10             Q.     No.     Sorry.        I should have
   11      clarified.       This is the little calendar
   12      icon beneath your handle on the page.
   13             A.     Oh, January 2021.
   14             Q.     So does that refresh your
   15      recollection that you joined Twitter in
   16      January of 2021?
   17             A.     No.
   18             Q.     Do you dispute that you joined
   19      Twitter in January 2021 --
   20             A.     No.
   21             Q.     -- this account?                Okay.
   22                    And why did you join Twitter at
   23      this time?
   24             A.     I just wanted to follow a few
   25      people that I'm interested in reading.

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    1                    NGUYEN - CONFIDENTIAL
    2             Q.     And was anything happening
    3      around this time that you wanted to follow
    4      on social media sites like Twitter?
    5             A.     Nothing in particular.
    6             Q.     Do you use any other form of
    7      social media, Mr. Nguyen?
    8             A.     No.
    9             Q.     So you don't have a Facebook
   10      account?
   11             A.     No.
   12             Q.     You don't have a Reddit account?
   13             A.     No.
   14             Q.     You don't have a YouTube
   15      account?
   16             A.     No.
   17             Q.     What about Discord?
   18             A.     No.
   19             Q.     Instagram?
   20             A.     No.
   21             Q.     TikTok?
   22             A.     No.
   23             Q.     Even if you do not have a Reddit
   24      account, have you ever used Reddit before?
   25             A.     Yes.

                                  Veritext Legal Solutions
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    1                      NGUYEN - CONFIDENTIAL
    2             Q.       What do you -- what kind of
    3      sub-Reddits do you look at on Reddit?
    4             A.       AMC.
    5             Q.       AMC?   Is that what you said?
    6             A.       Mm-hmm.
    7             Q.       And when did you start looking
    8      at AMC-related content on Reddit?
    9             A.       Around that time, around January
   10      of 2021.
   11             Q.       And why was that?
   12             A.       I was interested in what the
   13      stock was doing.
   14             Q.       And what piqued your interest in
   15      what AMC stock was doing?
   16                      CERTIFIED STENOGRAPHER:              I'm
   17             sorry.     Could you just repeat that a
   18             little louder?
   19             A.       I was a first-time investor, so
   20      I just looked into it to see what was in
   21      it.
   22             Q.       And to clarify, a first-time
   23      investor in the stock market or a
   24      first-time investor in AMC?
   25             A.       In the stock market.

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                                                                      Page 19

    1                    NGUYEN - CONFIDENTIAL
    2             Q.     So you didn't ever trade
    3      securities prior to January of 2021?
    4             A.     I did, yeah.
    5             Q.     So I'll ask again.
    6                    To clarify, were you a
    7      first-time investor in the stock market in
    8      January of 2021?
    9             A.     What do you mean?                   Please
   10      clarify that.         I don't understand.
   11             Q.     Sure.      Sure.
   12                    I guess I'll rephrase.
   13                    When did you start trading
   14      securities on the stock market?
   15             A.     When I opened a Robinhood
   16      account.
   17             Q.     Do you recall when that was
   18      approximately?
   19             A.     No, I don't recall.
   20             Q.     Okay.      We'll circle back to that
   21      in a bit.
   22                    Going back to AMC.                   So were you
   23      a first-time investor in AMC in
   24      January 2021?
   25                    MR. KIM:        Objection to form.

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                                                                   Page 20

    1                    NGUYEN - CONFIDENTIAL
    2             Asked and answered.
    3             Q.     You can answer.
    4             A.     Yes.
    5             Q.     Thank you.
    6                    Have you heard of Wallstreetbets
    7      on Reddit?
    8             A.     Well, I heard of their name, but
    9      I'm not recalling in particular what
   10      they're doing.
   11             Q.     Okay.      When did you first learn
   12      about Wallstreetbets?
   13             A.     When I was on Reddit, I heard
   14      about them but never went into full detail
   15      what they are really.
   16             Q.     Okay.      So you heard about
   17      Wallstreetbets, but you didn't necessarily
   18      read, you know, all the content on that
   19      sub-Reddit.        Is that fair?
   20             A.     Yes.
   21             Q.     Okay.      So I think you testified
   22      earlier that you didn't call -- recall
   23      exactly when you started investing in the
   24      stock market, but you believe it was
   25      around the time that you opened your

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    1                    NGUYEN - CONFIDENTIAL
    2      Robinhood account; is that correct?
    3             A.     Yeah.
    4             Q.     Okay.
    5             A.     Somewhere around there.
    6             Q.     And does January 2020 sound
    7      about right?
    8             A.     I mean, I don't recollect it,
    9      but --
   10             Q.     Okay.
   11             A.     -- that's about right.               Yeah.
   12             Q.     And how did you first start
   13      investing?
   14             A.     When I heard about Robinhood app
   15      and how easy it was for you to invest,
   16      so --
   17             Q.     And are you still a Robinhood
   18      customer today?
   19             A.     No.
   20             Q.     And when you were a Robinhood
   21      customer, how frequently would you use the
   22      platform or the app?
   23             A.     Almost every day.
   24             Q.     And were you actively trading
   25      every day, or were you just looking at

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    1                    NGUYEN - CONFIDENTIAL
    2      your portfolio every day and looking at
    3      content?      How was -- you know, what was
    4      the scope of your engagement?
    5                    MR. KIM:        Objection to form.
    6             Q.     I'll break that down for you,
    7      Mr. Nguyen.
    8                    Were you actively trading every
    9      day on the Robinhood app when you were a
   10      Robinhood customer?
   11             A.     Yes, I was.           Yeah.         Some days I
   12      was trading.
   13             Q.     So not every day.
   14             A.     Not every day.
   15             Q.     But you were looking at the app
   16      nearly every day?
   17             A.     Yes.
   18             Q.     Did you keep lists of stocks to
   19      follow?
   20             A.     No.
   21             Q.     Did you review company-specific
   22      information on the Robinhood app?
   23             A.     I looked through it, yes.
   24             Q.     So did you review news stories
   25      and things like that about the market on

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    1                    NGUYEN - CONFIDENTIAL
    2      Robinhood?
    3             A.     Yes.
    4             Q.     Were there any other features
    5      that you used when you were a Robinhood
    6      customer when you were using the Robinhood
    7      app?
    8             A.     I mean, whatever they would
    9      provide me.
   10             Q.     You also have used Webull to
   11      invest; right?
   12             A.     Yes.
   13             Q.     When do you -- when did you open
   14      your Webull account?
   15             A.     Sometime right after January --
   16      I mean, after February -- like, around
   17      March -- February, March something.
   18             Q.     Of 2021?
   19             A.     2021.      Yeah.
   20             Q.     How long did it take you
   21      approximately to open that account?
   22             A.     I think it was, like, a couple
   23      of weeks, because Robinhood was -- they
   24      didn't allow me to transfer everything
   25      over.

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    1                    NGUYEN - CONFIDENTIAL
    2             Q.     So was that an issue with Webull
    3      or an issue just transferring your funds
    4      from Robinhood?
    5             A.     Transferring the fund from
    6      Robinhood.
    7             Q.     Got it.
    8                    Other than Robinhood and Webull,
    9      have you ever used any other brokerages to
   10      invest?
   11             A.     No.
   12             Q.     Do you invest on behalf of
   13      anyone else?
   14             A.     No.
   15             Q.     Does anyone invest on your
   16      behalf?
   17             A.     No.
   18             Q.     Have you ever hired an
   19      investment or a financial advisor?
   20             A.     No.
   21             Q.     How much time do you devote to
   22      investing?
   23             A.     I don't have a number in
   24      particular.         But --
   25             Q.     It can be approximate.

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    1                    NGUYEN - CONFIDENTIAL
    2             A.     I mean, a couple of hours a day,
    3      30 minutes, ten minutes, you know.
    4             Q.     So anywhere from ten minutes to
    5      a couple of hours a day?                  Is that right?
    6             A.     Ten minutes to 30 -- like, an
    7      hour, you know.
    8             Q.     And was that the case in January
    9      of 2021?
   10             A.     Can you elaborate that?                I
   11      didn't --
   12             Q.     Sure.      So was that the case in
   13      January of 2021, meaning, were you
   14      spending approximately ten minutes to one
   15      hour a day investing back in 2021, January
   16      of 2021?
   17             A.     I mean, yeah.             I spent -- I
   18      don't know exactly --
   19             Q.     Sure.      Right.
   20             A.     -- you know, but I do spend time
   21      on the app.        Yeah.
   22             Q.     And that's been fairly
   23      consistent since January 2021.
   24             A.     Yes.
   25             Q.     Okay.      How would you describe

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    1                    NGUYEN - CONFIDENTIAL
    2      your investment strategy?
    3             A.     I don't have any particular
    4      investment strategies.
    5             Q.     What's your main objective in
    6      investing?
    7             A.     Making money.
    8             Q.     And when you decide to buy a
    9      particular stock, can you walk me through
   10      how you make that decision?
   11             A.     Well, I read, and then I decide.
   12      I mean, it's a gut feeling.                       I mean, I
   13      didn't look up any resource.                       I just read
   14      and just make my own educated guess.
   15             Q.     So what do you read?
   16             A.     Anything that's on the market.
   17      I mean, a type of stock market, whatever
   18      will pop on the screen, I read it.
   19             Q.     So do you read SEC filings that
   20      the company puts out?
   21             A.     Yes.
   22             Q.     Do you read earnings
   23      announcements?
   24             A.     Yeah, sometimes.
   25             Q.     Do you consider the company's

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    1                    NGUYEN - CONFIDENTIAL
    2      cash flow projections?
    3             A.     I don't understand what that
    4      means.
    5             Q.     Do you look at any of the
    6      underlying financials of the company?
    7             A.     Somewhat.
    8             Q.     What metrics do you consider?
    9             A.     The earnings.
   10             Q.     Anything besides the earnings?
   11             A.     It's one of them.                   But --
   12             Q.     And what are your other sources
   13      of information?
   14             A.     Whatever is available for me
   15      online.
   16             Q.     So is that on, you know, social
   17      media?
   18             A.     Social media, you know, any
   19      media platform, you know.
   20             Q.     So do you look at Bloomberg, for
   21      instance?
   22             A.     Anything that's free access.                     I
   23      mean, I didn't pay for any subscription,
   24      no.
   25             Q.     Nothing that requires a

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    1                    NGUYEN - CONFIDENTIAL
    2      subscription?         Is that what you said?
    3             A.     Mm-hmm.
    4             Q.     And you testified earlier that
    5      you make your investment decisions from a
    6      gut sense; is that right?
    7                    MR. KIM:        Objection to form.
    8             A.     Yes.
    9             Q.     Excuse me.          You said it's a gut
   10      feeling.
   11             A.     Mm-hmm.
   12             Q.     And that you don't -- you didn't
   13      look up any resource.
   14             A.     How I feel at that time, yes,
   15      it's part of my -- you know, whatever I
   16      know.
   17             Q.     And at that time, are you
   18      referring to the time you make a
   19      particular investment decision?
   20             A.     I mean, it's more like random.
   21      I mean --
   22             Q.     So the investment decisions you
   23      make are random?
   24                    MR. KIM:        Objection to form.
   25             Q.     You can answer, Mr. Nguyen.

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    1                      NGUYEN - CONFIDENTIAL
    2             A.       Yes.   Somewhat my gut feeling,
    3      yeah.
    4             Q.       And what about when you decide
    5      to sell a particular stock rather than buy
    6      one?        How do you make that decision?
    7             A.       When I lose money.
    8             Q.       When you lose money?              Is that
    9      what you said?
   10             A.       Yes.
   11             Q.       By that, do you mean that you're
   12      purely looking at the price trajectory of
   13      the stock and whether or not it was
   14      increasing?
   15                      MR. KIM:      Objection to form.
   16             Objection to form.
   17                      CERTIFIED STENOGRAPHER:              I'm
   18             sorry.     And whether or not --
   19             Q.       The price is increasing or
   20      decreasing?
   21                      MR. KIM:      Objection to form.
   22             A.       Can you repeat that?              That
   23      was --
   24             Q.       I asked you a few moments ago
   25      how you decide to sell a particular stock.

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    1                    NGUYEN - CONFIDENTIAL
    2      And you said, "When I lose money."
    3                    I asked if by that -- if by when
    4      you lose money, does that mean that to
    5      decide whether or not to sell a stock, you
    6      look at whether or not the price of the
    7      stock is decreasing?
    8             A.     Yes.
    9             Q.     Is that the only factor that you
   10      consider in deciding whether or not to
   11      hold or sell a stock?
   12                    MR. KIM:        Objection to form.
   13             A.     No.     That's not the only factor.
   14      But that's one of the factors.
   15             Q.     So one of the factors that you
   16      consider in deciding whether or not to
   17      sell a stock is whether or not the price
   18      of the stock is decreasing; correct?
   19             A.     Yes, because I'm losing money.
   20             Q.     And you mentioned other factors
   21      that you consider as well in making a
   22      decision to sell a stock.
   23                    What are those other factors?
   24             A.     I mean, whatever -- at that
   25      time, I don't know the exact factor that,

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    1                    NGUYEN - CONFIDENTIAL
    2      you know -- the exact decision that I, you
    3      know, make that day or decide when to buy,
    4      when to sell.
    5             Q.     Can you point to any other
    6      factors that you consider when you're
    7      deciding whether or not to sell a stock?
    8             A.     No, other than losing money.
    9      You know, I -- I feel like I can't hold
   10      anymore.      When I'm losing money, I've got
   11      to sell it.
   12             Q.     Are there any particular news
   13      segments or programs that you follow for
   14      investing?
   15             A.     No.
   16             Q.     Do you subscribe to any
   17      newsletters about investing?
   18             A.     No.
   19             Q.     Do you listen to any podcasts
   20      about the market or investing?
   21             A.     No.
   22             Q.     Do you watch television shows
   23      but market or investing?
   24             A.     No.
   25             Q.     Do you follow any social media

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    1                     NGUYEN - CONFIDENTIAL
    2      sources for advice about the market or
    3      investing?
    4             A.      No.
    5             Q.      And your general investment
    6      strategy or -- I think you said that you
    7      didn't have a strategy, so maybe lack of a
    8      strategy that we just discussed, did that
    9      change at all in January 2021?
   10             A.      No.
   11                     MR. KIM:       Objection to form.
   12             Are you saying changed since?                 Changed
   13             then?    Maybe I misheard the question.
   14             Q.      Was the testimony you just
   15      provided, Mr. Nguyen, about how you make
   16      investment decisions, was that consistent
   17      with how you made investment decisions in
   18      January of 2021?
   19             A.      It's somewhat consistent, yes.
   20             Q.      In what ways was it not
   21      consistent?
   22             A.      I don't know what I was thinking
   23      that day, so I don't know if it was
   24      consistent or not.            Like --
   25             Q.      So you don't --

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    1                    NGUYEN - CONFIDENTIAL
    2             A.     I really don't have a particular
    3      strategy.       There's no guideline that I
    4      follow.
    5             Q.     And to clarify, you don't have a
    6      particular investment strategy in general,
    7      or you didn't have a particular investment
    8      strategy in January 2021?
    9             A.     In general.
   10             Q.     Including in January 2021; is
   11      that right?
   12             A.     Yes.
   13             Q.     Are you familiar -- I think you
   14      mentioned it earlier today -- a company
   15      called AMC?
   16             A.     Yes.
   17             Q.     What kind of company is it?
   18             A.     It's a movie theater.
   19             Q.     Do you know who the CEO is?
   20             A.     Adam Aron.
   21             Q.     And can you explain to me what
   22      research you've done into AMC as a
   23      potential investment?
   24             A.     I don't remember.
   25             Q.     Do you know anything about the

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    1                    NGUYEN - CONFIDENTIAL
    2      finances or profits of AMC?
    3             A.     Very little.
    4             Q.     Have you ever looked at any SEC
    5      filings by AMC?
    6             A.     No.
    7             Q.     Any earnings announcements?
    8             A.     Yes, but I don't remember.
    9             Q.     What about press releases?
   10             A.     Yes, somewhat.
   11             Q.     Company financials?
   12             A.     Yeah.
   13             Q.     So not SEC filings, but you have
   14      looked at AMC earnings announcements,
   15      press releases, and company financials?
   16      Is that your testimony today?
   17                    MR. KIM:        Objection.          Asked and
   18             answered.
   19             A.     Yes.
   20             Q.     You can answer, Mr. Nguyen.
   21                    Thank you.
   22                    In January 2021, do you recall
   23      any company announcements from AMC?
   24             A.     Can you say that again?
   25             Q.     Do you recall any company

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    1                    NGUYEN - CONFIDENTIAL
    2      announcements from AMC in January 2021?
    3             A.     No.     I don't recall.
    4             Q.     Are you aware of anything AMC
    5      was doing differently as a company in
    6      January 2021?
    7             A.     No.     I wasn't aware.
    8             Q.     So you weren't aware of any new
    9      products or developments?
   10             A.     Not that I can recollect, no.
   11             Q.     Are you familiar with a company
   12      called Blackberry?
   13             A.     A little bit.
   14             Q.     What kind of company is it?
   15             A.     A phone company.
   16             Q.     Have you done any research into
   17      Blackberry as a potential investment?
   18             A.     No.
   19             Q.     None at all?
   20             A.     No.
   21             Q.     In January 2021, do you recall
   22      any company announcements from Blackberry?
   23             A.     No.
   24             Q.     Are you familiar with a company
   25      called Nokia?

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    1                    NGUYEN - CONFIDENTIAL
    2             A.     Yes.
    3             Q.     What kind of company is it?
    4             A.     It's a satellite phone company.
    5             Q.     Have you ever done any research
    6      into Nokia as a potential investment?
    7             A.     No.
    8             Q.     None whatsoever?
    9             A.     No.
   10             Q.     In January 2021, do you recall
   11      any company announcements from Nokia?
   12             A.     No.
   13             Q.     Are you familiar with a company
   14      called GameStop?
   15             A.     Yes.
   16             Q.     What kind of company is it?
   17             A.     It's a retail company selling
   18      video games.
   19             Q.     Did you consider investing in
   20      GameStop in January 2021?
   21             A.     No.
   22                    MS. YOUNG:          Charlotte, can we go
   23             ahead and mark Tab 24 as Exhibit 23.
   24
   25

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    1                      NGUYEN - CONFIDENTIAL
    2                      (Defendant's Exhibit 23, Twitter
    3             post by Maggie Fitzgerald, was hereby
    4             marked for identification, as of this
    5             date.)
    6                      MS. YOUNG:        Oh, excuse me.          Not
    7             24.   Yeah.     24.
    8             Q.       It should be available now,
    9      Mr. Nguyen, if you want to refresh your
   10      page.
   11             A.       Exhibit 23?
   12             Q.       Exhibit 23.
   13             A.       Mm-hmm.
   14             Q.       Do you see it?
   15             A.       Yes, I do.
   16             Q.       Do you recognize this document?
   17             A.       No.
   18             Q.       Can you identify it as a Tweet
   19      from Maggie Kate Fitzgerald from
   20      January 25, 2021, at 11:35 p.m.?
   21                      MR. KIM:      Objection to form.             I
   22             mean, the document speaks for itself.
   23             Q.       You can answer, Mr. Nguyen.
   24             A.       Yes.
   25             Q.       Thank you.

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    1                    NGUYEN - CONFIDENTIAL
    2                    And do you see the text of the
    3      Tweet that states, "Short squeezes are
    4      happening all over the market, largely
    5      orchestrated by motivated retail stocks
    6      buyers who are explicitly trying to crush
    7      Wall Street shorts"?
    8             A.     Mm-hmm.
    9             Q.     And then beneath that, it
   10      states, "Bed Bath & Beyond, AMC join
   11      GameStop."       And then there's a link to an
   12      article in CNBC.
   13                    Do you see that?
   14             A.     Yes.
   15             Q.     And do you recall seeing this
   16      Tweet in January 2021?
   17                    MR. KIM:        Objection to form.
   18             A.     No.
   19                    MR. KIM:        Asked and answered.
   20             Q.     You testified earlier that you
   21      joined Twitter in January 2021.
   22                    Around this time, do you recall
   23      seeing Tweets like this one that discussed
   24      short squeezes orchestrated by retail
   25      investors?

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    1                    NGUYEN - CONFIDENTIAL
    2                    MR. KIM:        Objection to form.
    3             A.     No.
    4             Q.     Let's take a look at the article
    5      link to this Tweet.
    6                    MS. YOUNG:          Charlotte, if you
    7             wouldn't mind marking Tab 25 as
    8             Exhibit 23 or 24, rather.                  Excuse me.
    9                    (Defendant's Exhibit 24, An
   10             article titled "Bed Bath & Beyond, AMC
   11             rally with GameStop as little
   12             investors squeeze hedge funds in more
   13             stocks," was hereby marked for
   14             identification, as of this date.)
   15             Q.     And we'll wait for this to load.
   16                    But because it's a little bit
   17      longer, I think it might be easier for
   18      Charlotte to screen share so she can
   19      scroll us through the document.
   20                    MR. KIM:        I think it's on here
   21             already.     Exhibit 24?
   22                    MS. YOUNG:          Oh, yeah.         We don't
   23             have to screen share.                But it's kind
   24             of long, so I thought it might be --
   25             Q.     Do you see it, Mr. Nguyen?

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    1                    NGUYEN - CONFIDENTIAL
    2             A.     Yes.
    3             Q.     And feel free to take a moment
    4      to look at it.
    5                    But can you tell me whether this
    6      appears to be the article hyperlinked to
    7      the Tweet we just reviewed in the prior
    8      exhibit?
    9                    MR. KIM:        Objection to form.
   10             Calls for speculation.                 I mean, he
   11             said he doesn't recall the Tweet or
   12             the article.        So now you're asking him
   13             to authenticate it in some way, and
   14             he's not going to be able to do that.
   15             Q.     You can answer, Mr. Nguyen.
   16             A.     No.     I don't recognize the
   17      article.
   18             Q.     Do you see that it's dated
   19      January 25, 2021, and authored by a Maggie
   20      Fitzgerald and published on CNBC?
   21                    MR. KIM:        Again, the document
   22             speaks for itself.
   23             Q.     Sorry.       Did you say no,
   24      Mr. Nguyen?
   25             A.     I see it.

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    1                    NGUYEN - CONFIDENTIAL
    2             Q.     Thank you.
    3                    And you see that it's titled
    4      "Beth Bath & Beyond, AMC rally with
    5      GameStop as little investors squeeze hedge
    6      funds in more stocks"?
    7             A.     Yes.
    8             Q.     Thank you.
    9                    Let's take a look at the first
   10      two paragraphs there.
   11                    Do you see where it states, "Bed
   12      Bath & Beyond and AMC Entertainment are
   13      the newest targets of speculation for
   14      retail investors, creating a nightmare
   15      scenario for hedge funds betting against
   16      these once beat-up stocks"?
   17                    MR. KIM:        What page are we on?
   18                    MS. YOUNG:          Oh, I'm sorry.
   19             These are the first two paragraphs.
   20             Q.     Sorry.       Can you say that again,
   21      Mr. Nguyen?        I didn't hear you.
   22             A.     I see it.
   23             Q.     Okay.      And continuing there,
   24      "Shares of Bed Bath & Beyond popped as
   25      much as 40 percent and shares of AMC

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    1                    NGUYEN - CONFIDENTIAL
    2      Entertainment soared as much as 70 percent
    3      on Monday, as individual investors pile
    4      into the names while hedge funds rush to
    5      cover their losses from shorting the
    6      stocks."      Excuse me.          "Shares of Bed Bath
    7      & Beyond closed up 1.5 percent and AMC
    8      closed up 25.9 percent on Monday."
    9                    And then further down, this
   10      would be on the second page of the PDF
   11      beneath the table.
   12                    Do you see where the article
   13      states, similar to the excerpt we saw in
   14      the Tweet in the last exhibit --
   15                    MR. KIM:        I mean, is there a
   16             question, or are you just going to sit
   17             here and read the article into the
   18             record?     Like, where are we heading?
   19                    MS. YOUNG:          We'll get at what
   20             I'm getting at when I ask him a
   21             question.      But thank you for your
   22             unsolicited commentary.
   23                    MR. KIM:        I mean, if you want to
   24             testify, you can read the whole
   25             article into the record.                   Where is the

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    1                    NGUYEN - CONFIDENTIAL
    2             question?
    3                    MS. YOUNG:          I'm getting to a
    4             question, if you'd let me continue
    5             questioning the witness.                   I'm allowed
    6             to spend my time showing him some
    7             articles.      That's completely fine.
    8                    MR. KIM:        You're showing him an
    9             article that he said he doesn't
   10             recognize.      He didn't see.               And then
   11             we're going to waste time, you're
   12             going to ask him about an article he
   13             doesn't recall seeing before?
   14                    MS. YOUNG:          It's not a waste of
   15             my time, but thank you, again, for the
   16             unsolicited feedback.
   17                    MR. KIM:        You're welcome.
   18      BY MS. YOUNG:
   19             Q.     So further down, do you see
   20      where the article states, "Short squeezes
   21      are happening all over the market, largely
   22      orchestrated by motivated retail stocks
   23      buyers who are explicitly trying to crush
   24      Wall Street shorts.             The rookie investors
   25      are using online chatrooms and websites to

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    1                    NGUYEN - CONFIDENTIAL
    2      garner information and support, pushing
    3      these embattled stocks to the brink."
    4                    Do you see that?
    5             A.     Yes, I do.
    6             Q.     Now, do you recall any news
    7      coverage or articles around this time
    8      concerning a run-up in the price of AMC or
    9      Blackberry?
   10                    MR. KIM:        Objection to form.
   11             A.     Not that I remember.                I've seen
   12      the articles, but I don't remember in
   13      particular what it says, you know.
   14             Q.     By "these articles," you just
   15      mean articles generally from around this
   16      time about these topics?
   17             A.     Yes.
   18                    MR. KIM:        Objection to form.
   19             A.     Yeah.      Articles pertaining or
   20      whatever, whatever you type in the search
   21      I mean whatever pop up I read.
   22             Q.     So to clarify that I understand,
   23      Mr. Nguyen, you recall in January of 2021
   24      reading articles that covered similar
   25      topics about price run-ups and AMC and

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    1                    NGUYEN - CONFIDENTIAL
    2      Blackberry.
    3             A.     I mean --
    4                    MR. KIM:        Objection to form.
    5             Q.     You can answer.
    6             A.     I mean, I've seen all different
    7      types of articles.            I mean, I don't keep
    8      tabs on what doesn't -- like, what certain
    9      articles I read.           You know, I don't
   10      remember.
   11             Q.     Did you hear about social media
   12      interest on sites like Reddit about AMC or
   13      Blackberry in January of 2021?
   14             A.     I mean --
   15                    MR. KIM:        Objection to form.
   16             Asked and answered.
   17             A.     I mean, I see what I see.                   I
   18      mean, I don't recollect any information
   19      that you give me right now.
   20             Q.     Mr. Nguyen, I'm not -- I don't
   21      mean the specific article.                    I mean in
   22      general, do you recall any sort of news or
   23      social media attention concerning --
   24             A.     No, I don't --
   25             Q.     These types of -- these stocks

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    1                    NGUYEN - CONFIDENTIAL
    2      we have discussed so far?
    3             A.     No.     I don't have any
    4      recollection on certain articles, no.
    5             Q.     You testified earlier that in
    6      2021, you were looking at AMC Reddit
    7      pages; correct?
    8             A.     Yes.
    9             Q.     So what kind of topics did those
   10      Reddit pages discuss?
   11                    MR. KIM:        Objection to form.
   12             Asked and answered.
   13             A.     I mean, AMC in particular, I
   14      mean, like, they just talking about AMC,
   15      how it goes up, and it's just general
   16      information.         I mean, people just talking
   17      to each other.
   18             Q.     And when you say how it goes up,
   19      do you mean how the price of AMC stock was
   20      increasing in January of 2021?
   21             A.     It was increasing 27.
   22             Q.     Sorry.       Can you say that last
   23      part again?         Did you say 27?
   24             A.     Like, around January 28th, 27th,
   25      you know, around there.                 I don't remember

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    1                    NGUYEN - CONFIDENTIAL
    2      exact day when it went up.
    3             Q.     Sure.      Sure.        So let's say late
    4      January, between January 27th, 28th, you
    5      recall the price of AMC stock increasing.
    6             A.     No.     I do not recall.
    7             Q.     You testified a few moments ago,
    8      "I mean, like, they were just talking
    9      about AMC, how it goes up" on Reddit.
   10                    And that was in late
   11      January 2021; correct?
   12                    MR. KIM:        Objection to form.
   13             A.     I don't remember an exact date.
   14             Q.     Okay.      Do you remember the price
   15      of AMC stock increasing in late
   16      January 2021?
   17                    MR. KIM:        Objection to form.
   18             A.     No.
   19                    MR. KIM:        Asked and answered.
   20             Q.     No, you don't remember that.
   21             A.     No, I don't remember.
   22             Q.     So what do you recall about what
   23      you were reading on Reddit concerning AMC
   24      in January 2021?
   25             A.     I recall reading about AMC, but

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    1                    NGUYEN - CONFIDENTIAL
    2      I don't recall any -- anything in
    3      particular.        So --
    4             Q.     So then when you testified a few
    5      moments ago that you recall how it goes
    6      up, what did you mean by that?
    7                    MR. KIM:        Objection to form.
    8             Asked and answered.              I mean, how many
    9             times are you going to ask him the
   10             same question?
   11             A.     I see it goes up, and then, you
   12      know, I see -- I see the price goes up.
   13             Q.     So now you recall that the price
   14      was going up in January 2021.
   15             A.     That particular --
   16                    MR. KIM:        Objection to form.
   17             Stop arguing with the witness.
   18                    MS. YOUNG:          Mr. Kim, I'd
   19             appreciate if you stopped arguing with
   20             me about this.         I'm not --
   21                    MR. KIM:        It's obviously clear
   22             what he testified to.                So I'll let you
   23             ask the question one more time, and
   24             that's it.
   25                    MS. YOUNG:          No.       I can ask the

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    1                    NGUYEN - CONFIDENTIAL
    2             question as long as I want.                  You can
    3             continue to lodge your objections, and
    4             we'll continue.
    5                    MR. KIM:        Look, if you ask him
    6             the same question again, I'm going to
    7             direct him not to answer.                  So you've
    8             got one more chance.               You've got one
    9             more chance to ask your question.                   Ask
   10             your question.         You ask it again, I'm
   11             directing him not to answer.                  So you
   12             have one chance.           You can ask him the
   13             question again.
   14                    MS. YOUNG:          Mr. Kim, are you
   15             telling me that you're going to --
   16             you're going to instruct the witness
   17             not to answer on the basis of
   18             privilege?
   19                    MR. KIM:        No.       Not on privilege.
   20             On the basis you asked him the same
   21             question five times.               I'll let you ask
   22             it for the sixth time.                 If you ask it
   23             for the seventh time, I'll direct him
   24             not to answer.         So ask your question.
   25                    MS. YOUNG:          That is obviously

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    1                     NGUYEN - CONFIDENTIAL
    2             improper.
    3                     MR. KIM:       Asking the same
    4             question seven times is improper.
    5                     MS. YOUNG:         That's why you're
    6             there to object.           And then you can
    7             just leave it at your objection.
    8                     MR. KIM:       No.       That's why I'm
    9             going to tell him not to answer the
   10             question if you ask it for the seventh
   11             time.
   12                     MS. YOUNG:         If you really want
   13             to stop wasting time, Mr. Kim, you can
   14             just let the deposition continue.
   15                     MR. KIM:       I'm just telling you.
   16             So ask your question.                You ask it for
   17             the seventh time, I'm going to ask him
   18             not to -- I'm going to direct him not
   19             to answer.
   20                     MS. YOUNG:         I have to go back.
   21             So much back and forth with you,
   22             Mr. Kim.
   23                     MR. KIM:       Don't ask the same
   24             question seven times.                We didn't have
   25             this beef in the other two

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    1                    NGUYEN - CONFIDENTIAL
    2             depositions.
    3                    MS. YOUNG:          I read those
    4             transcripts, and I'm pretty sure you
    5             did.
    6                    MR. KIM:        I don't think anyone
    7             asked the same question seven times.
    8      BY MS. YOUNG:
    9             Q.     So are the portions of the
   10      articles -- or the article, I should say,
   11      that we just read generally consistent
   12      with your recollection of this period in
   13      late January 2021, Mr. Nguyen?
   14                    MR. KIM:        Objection to form.
   15             A.     No.     I don't -- there's no --
   16      no, I don't -- I don't recognize it.
   17             Q.     To be clear, I'm not asking if
   18      you recognize this article.
   19             A.     Not consistent, no, because I'd
   20      remember.
   21             Q.     So you don't remember anything
   22      in January of 2021 about the stocks that
   23      have been discussed in the excerpts of the
   24      article you reviewed.
   25                    MR. KIM:        Objection to form.

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    1                    NGUYEN - CONFIDENTIAL
    2             Mischaracterizes prior testimony.
    3             Asked and answered.
    4             Q.     Mr. Nguyen?
    5             A.     Yes.
    6             Q.     So you don't remember price
    7      increases in any of these stocks in
    8      January 2021.
    9                    MR. KIM:        Objection to form.
   10             A.     No.
   11                    MR. KIM:        That's not his
   12             testimony.
   13             A.     No.
   14             Q.     No, you do not recall that,
   15      Mr. Nguyen?
   16             A.     No, I do not recall.
   17             Q.     So this article that we just
   18      looked at referenced short squeezes or
   19      attempted short squeezes in January of
   20      2021.
   21                    Did you hear about a potential
   22      short squeeze in AMC around this time?
   23             A.     No.
   24             Q.     What about Blackberry?               Did you
   25      hear about a possible short squeeze in

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    1                    NGUYEN - CONFIDENTIAL
    2      Blackberry?
    3             A.     No.
    4             Q.     And what about Nokia?               Did you
    5      hear about a potential short squeeze in
    6      Nokia?
    7             A.     No.
    8             Q.     Did you hear about a possible
    9      short squeeze in GameStop?
   10             A.     No.
   11             Q.     And again, to ensure that I have
   12      this clearly on the record, did you hear
   13      anything that made you think that the
   14      stock price of AMC would increase in
   15      January 2021?
   16             A.     No.
   17                    MR. KIM:        Objection to form.
   18             Q.     You didn't read anything about
   19      AMC in January of 2021.
   20                    MR. KIM:        Objection to form.
   21             Asked and answered.
   22             A.     No.     I don't remember.
   23             Q.     And you don't recall seeing any
   24      investors or influencers posting about AMC
   25      on social media sites like Twitter or

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    1                    NGUYEN - CONFIDENTIAL
    2      YouTube.
    3             A.     No.
    4                    MR. KIM:        Objection to form.
    5             Asked and answered.
    6             Q.     Are you aware of any attempted
    7      short squeezes in other stocks around this
    8      time?
    9             A.     No.
   10             Q.     Do you recall news or media
   11      attention about the price of any of these
   12      stocks increasing beyond what most people
   13      thought they were actually worth?
   14                    MR. KIM:        Objection to form.
   15             Asked and answered.              Calls for
   16             speculation.
   17                    MS. YOUNG:          I have not asked
   18             that question, Mr. Kim.
   19             Q.     You can answer, Mr. Nguyen.
   20                    MR. KIM:        I think so.
   21             A.     No.
   22             Q.     So at the time in late
   23      January 2021, you didn't hear that any of
   24      these companies were heavily shorted.
   25                    MR. KIM:        Objection to form.

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    1                    NGUYEN - CONFIDENTIAL
    2             Asked and answered.
    3             A.     No.
    4             Q.     Do you recall hearing around
    5      this time that retail investors on social
    6      media were hoping to target investors that
    7      were short stock in any of these companies
    8      to endorse -- induce a short squeeze?
    9                    MR. KIM:        Objection.          Calls for
   10             speculation.
   11             A.     I don't make speculation.                 But I
   12      just --
   13             Q.     I asked if you recalled hearing
   14      around that time that any retail investors
   15      on social media --
   16             A.     No, I do not recall.
   17             Q.     I'll finish my question, just so
   18      that I can have a clean answer on the
   19      record.
   20                    Do you recall hearing around
   21      this time that retail investors on social
   22      media were hoping to target investors that
   23      were short stock of any of these companies
   24      to induce a short squeeze?
   25             A.     No, I do not recall.

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    1                    NGUYEN - CONFIDENTIAL
    2                    MR. KIM:        Objection.
    3             Q.     And by January 27th, had you
    4      heard that the stock price for any of
    5      these companies had increased dramatically
    6      around this time?
    7                    MR. KIM:        Objection to form.
    8             Asked and answered.
    9             A.     No.
   10             Q.     Have you heard the term "Meme
   11      stock" before?
   12             A.     Yes.
   13             Q.     When did you first hear the term
   14      Meme stock?
   15             A.     Right around that time.
   16             Q.     What do you understand a Meme
   17      stock to be?
   18             A.     It's a mock, joke.
   19             Q.     A joke?
   20             A.     Yeah.
   21             Q.     So does that suggest that
   22      there's something comical about stocks
   23      that are considered Meme stocks?
   24                    MR. KIM:        Objection.          Form.
   25             A.     Can you say that again?

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    1                      NGUYEN - CONFIDENTIAL
    2             Q.       Does that suggest that there's
    3      something comical about stocks that are
    4      considered Meme stocks?
    5             A.       I --
    6                      MR. KIM:      Same objection.
    7             A.       I don't make speculation.               I
    8      don't -- I don't know.
    9             Q.       What stocks did you understand
   10      to be considered Meme stocks around this
   11      time?
   12             A.       AMC, BB, Nokia.
   13                      CERTIFIED STENOGRAPHER:              I'm
   14             sorry.     What was the second one?
   15                      THE WITNESS:          BB, Blackberry;
   16             Nokia.     I mean, I don't remember it
   17             all, but those are some of them that
   18             they considered a Meme.
   19             Q.       And what -- what is your
   20      understanding of what made those companies
   21      Meme stocks?
   22             A.       I have no understanding of that,
   23      why they made it a Meme stock.
   24             Q.       Or why they were considered Meme
   25      stocks?

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    1                    NGUYEN - CONFIDENTIAL
    2             A.     I do not know.
    3             Q.     Was there -- did you consider
    4      there to be something funny about these
    5      types of stocks, these Meme stocks?
    6             A.     No.     As an investor, I find
    7      nothing funny about it.
    8             Q.     Why did you believe that they
    9      were Meme stocks?
   10                    MR. KIM:        Objection to form.
   11             A.     I didn't believe it.
   12             Q.     You didn't believe that they
   13      were considered Meme stocks or you didn't
   14      personally consider them Meme stocks?
   15             A.     I don't personally consider them
   16      Meme stocks.
   17             Q.     And who in your understanding
   18      was considering them Meme stocks?
   19             A.     At that time, they said, you
   20      know, like, AMC, BB or whatever was
   21      considered a Meme stock.                  But me
   22      personally, I don't consider them as a
   23      Meme stock.
   24             Q.     And when you say "they said,"
   25      are you talking about --

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    1                    NGUYEN - CONFIDENTIAL
    2             A.     The media.
    3             Q.     The media?
    4             A.     The people posting the posts,
    5      you know.
    6             Q.     On Reddit or social -- other
    7      social media sites?
    8             A.     Yeah.      Any social media.
    9             Q.     And did you have an
   10      understanding of why people on social
   11      media were posting about these Meme
   12      stocks?
   13                    MR. KIM:        Objection to form.
   14             A.     No, I don't.
   15             Q.     You have no sense of the -- you
   16      know, any context for why there was a lot
   17      of chatter about these Meme stocks in late
   18      January of 2021?
   19             A.     No.
   20                    MS. YOUNG:          I think now is
   21             probably a good time for a break.
   22             We've been going for about an hour.
   23             Do you guys want to take ten minutes?
   24                    MR. KIM:        Sure.         Yeah.
   25                    MS. YOUNG:          All right.        Back at

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    1                    NGUYEN - CONFIDENTIAL
    2             11:15, let's say.
    3                    THE VIDEOGRAPHER:                   All right.
    4             Off the record at 11:04 a.m.
    5                    (Recess)
    6                    THE VIDEOGRAPHER:                   We are back
    7             on the record at 11:17 a.m. Eastern
    8             Standard Time.
    9      BY MS. YOUNG:
   10             Q.     Mr. Nguyen, you understand that
   11      you're still under oath; correct?
   12             A.     Yes.
   13             Q.     Have you ever purchased shares
   14      of AMC?
   15             A.     When?      Yes, I did during that
   16      time.
   17             Q.     By that time --
   18             A.     Yes.
   19             Q.     -- do you mean late
   20      January 2021?
   21             A.     Somewhere around there.
   22             Q.     Was that the first time you
   23      purchased AMC stock?
   24             A.     I'm not sure.
   25             Q.     Do you recall ever previously

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    1                    NGUYEN - CONFIDENTIAL
    2      purchasing AMC stock?
    3             A.     No, I don't recall.
    4             Q.     And have you ever purchased
    5      shares of Blackberry?
    6             A.     Yes, I did.
    7             Q.     When was that?
    8             A.     I don't recall the exact time.
    9             Q.     Do you recall approximately?
   10             A.     Around January 2021.
   11             Q.     And to the best of your
   12      recollection, was that the first time you
   13      purchased shares of Blackberry stock?
   14             A.     Yes.
   15                    MS. YOUNG:          Charlotte, can we go
   16             ahead and mark Tab 9 as Exhibit 25.
   17                    (Defendant's Exhibit 25,
   18             Certification, was hereby marked for
   19             identification, as of this date.)
   20             Q.     I think it should be available
   21      now, Mr. Nguyen.
   22                    Do you recognize this document?
   23             A.     What is it?           25?
   24             Q.     Correct.
   25             A.     Yes.

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    1                    NGUYEN - CONFIDENTIAL
    2             Q.     And what is it?
    3             A.     A certification.
    4             Q.     And you signed this
    5      certification; correct?
    6             A.     Yes.
    7             Q.     And it authorizes the Rosen Law
    8      Firm to file this action on your behalf?
    9             A.     Yes.
   10             Q.     I'll direct you to paragraph 4.
   11                    Do you see where the
   12      certification says it lists all of the
   13      transactions plaintiff has made in the
   14      affected stocks during the class period
   15      set forth in the consolidated complaint?
   16             A.     Yes, I see that.
   17             Q.     At the bottom of the page, is
   18      that your signature?
   19             A.     Yes.
   20             Q.     And I'll ask you now to turn to
   21      the next page.
   22                    Is that a complete list of all
   23      the transactions you made in the affected
   24      stocks during the class period?
   25             A.     Yes.

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    1                    NGUYEN - CONFIDENTIAL
    2             Q.     And those transactions include
    3      trades in AMC and Blackberry; right?
    4             A.     Yes.
    5                    MS. YOUNG:          Charlotte, let's
    6             mark Tab 5, which will be Exhibit 26.
    7                    (Defendant's Exhibit 26,
    8             Executed trades, Bates
    9             RHMDL00097434.001, was hereby marked
   10             for identification, as of this date.)
   11             Q.     Looks like it's there.               Sorry.
   12      The right document is in there, but it's
   13      without a stamp.           So we're adding a stamp
   14      now.
   15                    (Pause)
   16             Q.     It should be available now.
   17             A.     Exhibit 26?
   18             Q.     26.
   19             A.     Yes, I see it.
   20                    MR. KIM:        Is there supposed to
   21             be a sticker on that or no?
   22                    MS. YOUNG:          Yeah, there is, but
   23             I think Charlotte accidentally dragged
   24             one in that didn't have the exhibit,
   25             so I think there should be -- the one

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    1                    NGUYEN - CONFIDENTIAL
    2             I'm seeing now does have a stamp on
    3             it.
    4                    MR. KIM:        Okay.
    5                    MS. YOUNG:          If you refresh the
    6             page, you might be able to see it.
    7                    MR. KIM:        Oh, yeah.
    8      BY MS. YOUNG:
    9             Q.     Now, Mr. Nguyen, I put in front
   10      of you trading data that Robinhood
   11      produced in connection with this matter.
   12      And I can represent to you that the
   13      account number in the left-hand column is
   14      your Robinhood account number.                    But I can
   15      also show you one of your account
   16      statements if you would like to confirm
   17      that for yourself.
   18                    MR. KIM:        I mean, we'll accept
   19             your representation that it's his
   20             account.
   21                    MS. YOUNG:          Thank you for saving
   22             us both ten minutes of our time.
   23             Q.     Okay.      And I can also represent
   24      to you that this document shows your
   25      orders in your Robinhood account during

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    1                    NGUYEN - CONFIDENTIAL
    2      this period that we've been discussing
    3      today.
    4                    And just -- I think your counsel
    5      is probably aware of this, but in case,
    6      you know, this gets a little bit
    7      confusing, I'm going to explain now that
    8      the data has some orders that appear in
    9      more than one row because sometimes I
   10      think Robinhood executed a particular
   11      order in several chunks within the same
   12      second, so that's why you might see the
   13      same order in more than one row.
   14                    And I think that Charlotte is
   15      also maybe going to screen share just so
   16      that it's easier to highlight what trades
   17      we're looking at a given time, because I
   18      know it's a lot of rows.
   19                    But the first one we're going to
   20      look at will be the seventh column.
   21                    Well, I guess before I get
   22      there, also if you look at the seventh
   23      column on the spreadsheet, you'll see that
   24      it's called "order created at" and its
   25      UTC, and that shows the time you placed

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    1                    NGUYEN - CONFIDENTIAL
    2      the order and the coordinated universal
    3      time zone, which is five hours ahead of
    4      the Eastern Standard Time zone that we're
    5      in now.
    6                    MS. YOUNG:          And if we look at
    7             the very first row, Charlotte, if you
    8             wouldn't mind zooming in a little bit,
    9             if you can.
   10             Q.     If you look at the very first
   11      row, you bought 30 shares of AMC at a
   12      price of $16 per share.
   13                    Do you see that?
   14             A.     Yes.
   15             Q.     And you bought those shares on
   16      January 27, 2021, at 15:55 UTC, which is
   17      10:55 a.m. Eastern; is that right?
   18             A.     Yes.
   19             Q.     So why did you decide to buy AMC
   20      on January 27, 2021?
   21             A.     I mean, there's no, you know,
   22      reason why I bought it.                 I just bought it.
   23      I liked the stock.            I bought it.
   24             Q.     You had no reason at all?
   25                    MR. KIM:        Objection to form.

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    1                    NGUYEN - CONFIDENTIAL
    2             A.     No reason.
    3             Q.     Aside from liking the stock?
    4             A.     No.
    5             Q.     Why did you like the stock?
    6             A.     I mean, it's been around for a
    7      while.      You know, I just feel like
    8      that's -- that time, I want to buy, I
    9      bought it.
   10             Q.     Respectfully, Mr. Nguyen, many
   11      stocks have been around for a long time.
   12                    Were there any other --
   13             A.     That is my decision that day.                   I
   14      just bought -- I liked the stock.                    I
   15      bought it.
   16             Q.     But you had no sort of
   17      motivating rationale for why you liked the
   18      stock.
   19                    MR. KIM:        Objection to form.
   20             A.     I don't remember my motivation
   21      at that time, no.
   22             Q.     So you can't walk us through
   23      your thinking as to why you bought AMC on
   24      January 27th.
   25             A.     No.

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    1                     NGUYEN - CONFIDENTIAL
    2             Q.      Did you consider this a
    3      long-term investment in AMC?
    4             A.      No.    I don't -- I don't -- I
    5      mean, long term?           I don't consider it long
    6      term, no.       I didn't.
    7             Q.      So you plan to sell your shares
    8      of AMC in a relatively short timeframe
    9      after acquiring them; is that right?
   10                     MR. KIM:       Objection to form.
   11             A.      Mm-hmm.
   12             Q.      And is that because you thought
   13      that the price of those AMC shares would
   14      increase in the short term?
   15             A.      Yes.
   16             Q.      And why did you believe the
   17      stock price would increase in the short
   18      term for AMC?
   19             A.      I do not know my decision at
   20      that time.       I don't know why I believed it
   21      was to go up.         I don't know.
   22             Q.      Now, let's look at one of the
   23      Blackberry trades.            This is five rows
   24      down.       You'll see an order to buy 0.82
   25      shares of Blackberry.

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    1                      NGUYEN - CONFIDENTIAL
    2                      And then if you look at the
    3      "order cancelled" column, there's a
    4      timestamp there.           I'm just explaining that
    5      that -- that means that order was
    6      cancelled, because I know that otherwise,
    7      we'll kind of confuse some of the
    8      subsequent trades.
    9                      But if you look at the next row
   10      down, do you see the order to buy 1,068
   11      shares of Blackberry at $21.49 per share?
   12             A.       Mm-hmm.
   13             Q.       And this was also on
   14      January 27, 2021, but at 14:31 UTC, which
   15      is 9:31 a.m. Eastern; right?
   16                      CERTIFIED STENOGRAPHER:                Is that
   17             a yes?
   18                      MS. YOUNG:        Sorry.          Can you say
   19             that again, Sharon?
   20                      CERTIFIED STENOGRAPHER:                Is that
   21             a yes?     I didn't hear an answer.
   22                      THE WITNESS:          Yes.
   23                      MS. YOUNG:        Oh, thank you.          I
   24             also didn't hear that.
   25

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    1                    NGUYEN - CONFIDENTIAL
    2      BY MS. YOUNG:
    3             Q.     Mr. Nguyen, why did you decide
    4      to buy Blackberry shares on
    5      January 27, 2021?
    6             A.     I don't remember.
    7             Q.     Did you think that the price of
    8      Blackberry was going to increase?
    9             A.     I don't remember my thinking at
   10      that time.       I'm hoping to make money,
   11      yeah.
   12             Q.     But you can't talk us through
   13      any of your rationale beyond, you know,
   14      that you assumed that you thought that
   15      you'd make money and the price would
   16      increase.
   17             A.     Yeah.      Basically, that's it.
   18             Q.     Now, if you look at the two
   19      trades -- the trade two rows beneath that,
   20      there's an order to sell 1,068 shares of
   21      Blackberry.
   22                    Do you see that?
   23             A.     Mm-hmm.
   24             Q.     And you look -- if you look at
   25      the second-to-the-last column, "execution

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    1                    NGUYEN - CONFIDENTIAL
    2      price," you can see that you sold those
    3      shares for $21.85; correct?
    4             A.     Mm-hmm.
    5             Q.     And you sold those shares on
    6      January 27, 2021, at 17:11 UTC or
    7      12:11 p.m. Eastern; right?
    8             A.     Mm-hmm.
    9             Q.     So that was about two and a half
   10      hours after you bought 1,068 shares of
   11      Blackberry and the trade we just looked at
   12      above; is that correct?
   13             A.     Mm-hmm.
   14             Q.     So why did you decide to sell
   15      1,068 shares of Blackberry after just a
   16      few hours?
   17             A.     I do not remember that trade,
   18      you know.       But I don't remember.
   19             Q.     So you -- do you often sell your
   20      shares after a few hours to profit from
   21      fluctuations in the price during the
   22      trading day?
   23                    MR. KIM:        Objection to form.
   24             A.     It all depends.               I mean, I don't
   25      know my feeling that day.

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    1                    NGUYEN - CONFIDENTIAL
    2             Q.     Do you at least sometimes sell
    3      your shares after a couple of hours to
    4      profit from fluctuations in the price
    5      during the trading day?
    6                    MR. KIM:        Objection to form.
    7             A.     Sometimes.
    8             Q.     So do you just watch the stock
    9      price, and that's how you decide whether
   10      or not to hold or sell?
   11                    MR. KIM:        Objection to form.
   12             A.     I mean, that could have been my
   13      determination, but I don't know.
   14             Q.     So do you recall learning
   15      anything about Blackberry since buying the
   16      shares that made you think they were less
   17      valuable than you thought they were when
   18      you bought them two and a half hours
   19      earlier that day?
   20                    MR. KIM:        Objection to form.
   21             A.     No.
   22             Q.     Then typically, if you're
   23      selling within a couple of hours of making
   24      a -- purchasing a stock, you know, what
   25      besides price informs your decision?

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    1                     NGUYEN - CONFIDENTIAL
    2                     MR. KIM:       Objection to form.
    3             A.      I mean, I don't know my decision
    4      -- whatever my decision at that time,
    5      that's what happened.               I mean, I don't
    6      really remember the decisions I make.
    7             Q.      But speaking more generally, you
    8      said -- you testified a couple of minutes
    9      ago that it's -- you know, you have at
   10      times sold stocks within a couple of hours
   11      of acquiring them.
   12             A.      Yeah.
   13             Q.      So is there typically anything
   14      besides price that informs your decision?
   15                     MR. KIM:       Objection to form.
   16             Asked and answered.
   17             A.      There's no deciding factor.                 I
   18      mean, price goes up, you know, price goes
   19      down.       I don't -- I don't know -- it
   20      depends of how I feel that day.
   21             Q.      Let's look at a trade a few rows
   22      beneath that.
   23                     Do you see where you bought 929
   24      shares of Blackberry at 24.79 per share?
   25             A.      Yes.

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    1                    NGUYEN - CONFIDENTIAL
    2             Q.     And that was on
    3      January 27, 2021, at 18:38 UTC, which is
    4      1:38 p.m. Eastern; right?
    5             A.     Mm-hmm.
    6             Q.     And that's about an hour and a
    7      half after you sold shares of Blackberry
    8      for 21.85 per share; right?
    9             A.     Mm-hmm.
   10             Q.     So the price of Blackberry stock
   11      increased by close to $3 per share in
   12      roughly one and a half hours since you
   13      sold, you know, the 1,068 shares; correct?
   14             A.     Mm-hmm.
   15             Q.     And you bought the 929 shares at
   16      its higher price; right?
   17             A.     Yes.
   18             Q.     So did you have reason to
   19      believe that the stock price would rise
   20      even higher?
   21             A.     Yes.     That's probably why I
   22      bought it.
   23             Q.     And why did you think that?
   24             A.     Because from the chart.
   25             Q.     From the chart?

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    1                    NGUYEN - CONFIDENTIAL
    2             A.     Mm-hmm.
    3             Q.     By "chart," do you mean the
    4      price chart?
    5             A.     The price chart.                Yeah.
    6             Q.     Did believe that there was a
    7      short squeeze or an attempted short
    8      squeeze in Blackberry at this time?
    9             A.     No.
   10             Q.     Why did you think your -- let me
   11      rephrase.
   12                    If a stock's price is
   13      increasing, is it always your view that it
   14      will continue to increase?
   15                    MR. KIM:        Objection to form.
   16             A.     It might.
   17             Q.     But you don't recall any reasons
   18      that you had to believe that the stock
   19      price of Blackberry would increase at this
   20      point in time --
   21                    MR. KIM:        Objection to form.
   22             Q.     -- I should say.
   23             A.     No, I did not recall.
   24             Q.     You don't remember seeing any
   25      information about Blackberry's financials

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    1                    NGUYEN - CONFIDENTIAL
    2      or company fundamentals that made you
    3      think that shares were undervalued at this
    4      point in time; is that correct?
    5                    MR. KIM:        Objection to form.
    6             A.     No.
    7             Q.     And do you recall whether on
    8      January 27th you thought the price of
    9      Blackberry was going to increase
   10      substantially?
   11                    MR. KIM:        Objection to form.
   12             Asked and answered.
   13             A.     Yeah.      From the chart, yes.              I
   14      see it's going up.            I mean --
   15                    MS. YOUNG:          Charlotte, let's go
   16             ahead and get Tab 2 ready.
   17             Q.     But Mr. Nguyen, do you know what
   18      options trading is?
   19             A.     I've read a little bit about it,
   20      understand very little.                 But I never play
   21      option trade.
   22             Q.     Do you know what options are?
   23             A.     Somewhat, not fully detailed.
   24      But --
   25             Q.     Is it consistent with your

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    1                    NGUYEN - CONFIDENTIAL
    2      understanding that an option gives you
    3      the, you know, right but not the
    4      obligation to buy a particular stock at a
    5      specific price on or before a certain
    6      date?
    7                    MR. KIM:        Objection to form.
    8             A.     I don't understand -- I don't --
    9      I don't know what option is.
   10             Q.     Have you ever placed an order
   11      for an options trade?
   12             A.     No.
   13             Q.     An option?
   14                    Are you sure about that,
   15      Mr. Nguyen?
   16             A.     Yes.
   17                    MS. YOUNG:          Charlotte, let's go
   18             ahead and look at Tab 2.                   This will
   19             be, I guess, 27.
   20                    (Defendant's Exhibit 27, An
   21             email dated January 27, 2021, Bates
   22             RHMDL00092469, was hereby marked for
   23             identification, as of this date.)
   24             Q.     I think if you refresh your
   25      page, Exhibit 27 should be there now.

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    1                    NGUYEN - CONFIDENTIAL
    2                    Do you see an email, Mr. Nguyen?
    3             A.     27; right?
    4             Q.     Right.
    5             A.     Yes, that's my email.
    6             Q.     So you can identify this as an
    7      email you received from Robinhood on
    8      January 27, 2023 -- or 2021 -- excuse
    9      me -- with the subject line "Option Order
   10      Placed"?
   11             A.     Can you repeat that question?
   12             Q.     I just asked if you can identify
   13      this as an email you received from
   14      Robinhood on January 27, 2021, with the
   15      subject line "Option Order Placed."
   16             A.     I never -- I don't remember what
   17      this is.      I don't recall this.
   18             Q.     That's okay.
   19                    Can you read the body of the
   20      email aloud to us.
   21             A.     "You submitted a limit order to
   22      buy one contract of BB $40 call 1/29 at
   23      $0.29 per contract.             You can check your
   24      status for this order on Robinhood.                     We'll
   25      notify you if your order is executed."

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    1                    NGUYEN - CONFIDENTIAL
    2                    Thank you.
    3                    And do you know if this order
    4      gave you an option to buy one share of
    5      Blackberry for $40 at some point before
    6      January 29th?
    7                    MR. KIM:        Objection to form.
    8             A.     I don't remember this.                I don't
    9      remember I signed up to options.                    But --
   10             Q.     Well, do you know if --
   11             A.     I think --
   12             Q.     Go ahead.
   13             A.     -- when you sign up to options,
   14      they give you a questionnaire that you
   15      answer.      I think I failed that, and then I
   16      wasn't even supposed to have options, but
   17      I don't know how -- how it got options,
   18      but I never play options.                   So --
   19             Q.     Do you know that if you -- do
   20      you know -- so you don't know whether or
   21      not this would have allowed you to get one
   22      share of Blackberry at $40 a share prior
   23      to one -- prior to January 29th.
   24                    MR. KIM:        Objection to form.             I
   25             think that's not -- I'll just object.

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    1                      NGUYEN - CONFIDENTIAL
    2             A.       I don't remember.                 I mean, I
    3      just --
    4             Q.       We can move on.
    5                      Let's go back to the prior
    6      exhibit we were looking at, which is 26, I
    7      believe.
    8                      MS. YOUNG:        Charlotte, if you
    9             wouldn't mind pulling that back up.
   10             Q.       And we're going to look at the
   11      fourth row from the bottom.
   12                      MS. YOUNG:        Do you see a Nokia
   13             trade?     I'm not sure if it's
   14             highlighted, Charlotte.
   15             Q.       It looks like you purchased
   16      3,367 shares of Nokia at $7.15 -- $7.15
   17      per share.
   18                      Do you see that?
   19             A.       Mm-hmm.
   20             Q.       And that was on
   21      January 27, 2021, at 17:11 UTC?
   22             A.       Mm-hmm.
   23             Q.       And that's at 12:11 p.m.
   24      Eastern; correct?
   25             A.       Yes.

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    1                    NGUYEN - CONFIDENTIAL
    2             Q.     And was that the first time you
    3      ever bought Nokia?
    4             A.     Yes.     I believe that's what it
    5      says on there.
    6             Q.     And why did you decide to buy
    7      Nokia shares on January 27th?
    8             A.     On my Twitter account, I've seen
    9      something like Elon Musk saying something
   10      about Nokia or something.                   I don't really
   11      recall the exact thing that he said.                      But,
   12      you know, I bought it that day.
   13             Q.     And your recollection is that
   14      you bought it because of something that
   15      Elon Musk tweeted on or around the 27th?
   16             A.     Something like that.
   17             Q.     Do you recall at all the
   18      substance of the Tweet?
   19             A.     No, not in full detail, no.
   20             Q.     Did Elon's Tweet being about
   21      Nokia make you think that the price of
   22      Nokia was going to increase?
   23                    MR. KIM:        Objection to form.
   24             A.     Somewhat.
   25             Q.     And why was that?

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    1                    NGUYEN - CONFIDENTIAL
    2             A.     I mean, he know what -- I mean,
    3      based on the guy's performance, I mean,
    4      you know, what he's doing -- it seemed
    5      like he know what he's doing.
    6             Q.     So you understood Mr. Musk's
    7      Tweet to be an endorsement of the -- of
    8      Nokia as a company or its stock.
    9             A.     No, not endorsement.                I mean, he
   10      just probably randomly Tweet that, but I
   11      don't know what he mean by that.                    He
   12      didn't endorse or affiliate anything
   13      Nokia, I don't think.
   14             Q.     So did you just believe that
   15      because somebody as high profile as
   16      Mr. Musk was tweeting about Nokia, that
   17      the stock price would increase?
   18             A.     Something is going on.
   19                    MR. KIM:        Objection to form.
   20             Q.     What do you mean by something is
   21      going on?
   22             A.     I mean, yes.            That's
   23      something -- in my mind, he said -- by him
   24      saying that, it's something about Nokia.
   25      I just bought it.           So I had no reason why.

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    1                    NGUYEN - CONFIDENTIAL
    2      You know, I just bought it.
    3                    THE VIDEOGRAPHER:                   I'm sorry to
    4             interrupt, but I have a Nicholas Lin
    5             attempting to join.
    6                    MS. YOUNG:          Oh, that's from
    7             Robinhood.
    8                    THE VIDEOGRAPHER:                   All right.
    9             I'd admitting him now.                 Sorry to
   10             interrupt.
   11                    MS. YOUNG:          That's okay.
   12      BY MS. YOUNG:
   13             Q.     Now, if we turn to the
   14      second-to-last row on that page, do you
   15      see a sale of 3,367 shares of Nokia?
   16             A.     Mm-hmm.
   17             Q.     And that was on
   18      January 27, 2021, at 18:28 UTC, which is
   19      1:28 p.m. Eastern; right?
   20             A.     Mm-hmm.       Yes.
   21             Q.     So why did you sell these Nokia
   22      shares approximately one hour and
   23      20 minutes after buying them?
   24             A.     I'm not sure.
   25             Q.     Do you recall learning anything

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    1                    NGUYEN - CONFIDENTIAL
    2      about Nokia since buying the shares that
    3      made you think they were less valuable
    4      than you thought they were when you bought
    5      them earlier that afternoon?
    6             A.     No.
    7                    MR. KIM:        Objection to form.
    8             Q.     Sorry.       Did you say no,
    9      Mr. Nguyen?
   10             A.     Yes, I did say no.
   11             Q.     In the second-to-the-last
   12      column, it reflects that those 3,367 Nokia
   13      shares were sold for $6.73 per share.
   14                    Do you see that?
   15             A.     Mm-hmm.
   16             Q.     And that's $0.42 less per share
   17      than you bought those shares for earlier
   18      that afternoon at 7.15 per share; right?
   19                    MR. KIM:        Objection to form.
   20             A.     Yes.
   21             Q.     Oh, sorry.
   22                    Earlier, you testified that you
   23      tend to sell based on when the price is
   24      declining.       Is that fair to say,
   25      Mr. Nguyen?

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    1                    NGUYEN - CONFIDENTIAL
    2                    MR. KIM:        Objection to form.
    3             A.     Yes.
    4             Q.     So is it fair to say you're
    5      watching the price of Nokia decline and
    6      you wanted to sell your shares before the
    7      price fell even further?
    8             A.     Yes.
    9             Q.     Did you think that any short
   10      squeeze or attempted short squeeze of
   11      Nokia was ending?
   12                    MR. KIM:        Objection to form.
   13             Asked and answered.
   14             A.     I mean, I have no -- no thinking
   15      behind that, no.
   16             Q.     But you can't explain why on
   17      January 27th, you believed that the price
   18      of Nokia was going to decline.
   19                    MR. KIM:        Objection to form.
   20             Q.     Correct?
   21                    MR. KIM:        That's not his
   22             testimony.
   23             A.     You see it's declining.
   24             Q.     I should say did you have any
   25      reason to believe that the price of Nokia

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    1                    NGUYEN - CONFIDENTIAL
    2      would decline further?
    3             A.     I wasn't sure what I was
    4      thinking at that time.                No, I wasn't.
    5             Q.     And again, you recall nothing --
    6      no news about the company or its
    7      underlying fundamentals that made you
    8      think that the shares of Nokia were less
    9      valuable than you thought they were
   10      earlier that afternoon when you bought
   11      them.
   12                    MR. KIM:        Objection to form.
   13             Asked and answered.
   14             A.     No.
   15             Q.     Thank you.
   16                    Mr. Nguyen, you're aware that
   17      Robinhood implemented certain purchasing
   18      restrictions on its platform on
   19      January 28th; correct?
   20             A.     Yes.
   21             Q.     Can you describe any of those
   22      restrictions?
   23             A.     The buy button.
   24             Q.     The buy button?
   25             A.     Yeah.      And you can only sell or

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    1                      NGUYEN - CONFIDENTIAL
    2      liquidate what you got.
    3             Q.       Which stocks do you recall being
    4      restricted?
    5             A.       AMC, Nokia, Blackberry, GME,
    6      Trivago, and Tootsie Roll.
    7                      CERTIFIED STENOGRAPHER:                  I'm
    8             sorry.     Could you repeat the last few
    9             after GME?
   10                      THE WITNESS:            Trivago, and, like
   11             Tootsie Roll or something like that.
   12                      CERTIFIED STENOGRAPHER:                  I'm
   13             sorry.     I can't understand the word.
   14             Can you spell it?
   15                      MR. KIM:        Like the candy.
   16                      THE WITNESS:            Like the candy.
   17             Tootsie Roll.
   18                      CERTIFIED STENOGRAPHER:                  Oh,
   19             Tootsie Roll.          Okay.
   20      BY MS. YOUNG:
   21             Q.       Did you recall how long those
   22      restrictions lasted for, Mr. Nguyen?
   23             A.       Hours.
   24             Q.       And --
   25                      MS. YOUNG:          Sorry.          Sharon, did

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    1                      NGUYEN - CONFIDENTIAL
    2             you have a question?                 Oh, no.    You're
    3             muted.     Okay.       Sorry.          I think I just
    4             heard an echo back.
    5             Q.       Do you recall any changes in
    6      those restrictions?
    7             A.       Restrictions.             I don't -- you
    8      know, they took it off and on.                      Those are
    9      the changes.        But --
   10             Q.       Did you say ceiling
   11      restrictions?
   12             A.       No, no, no.           I did not say
   13      ceiling restriction.
   14             Q.       I'm sorry.          I didn't catch --
   15      what did you say?             What kind of
   16      restrictions?           When you say they took it
   17      off and on?
   18             A.       Yeah.     They took -- I mean, no.
   19      They -- they took away the buy button.
   20      That's it.
   21             Q.       Okay.     The buy button.
   22             A.       That's the restriction.                Yeah.
   23             Q.       Do you know if any other brokers
   24      implemented similar restrictions around
   25      this same time in late January 2021?

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    1                    NGUYEN - CONFIDENTIAL
    2             A.     No.
    3             Q.     And at the time, do you recall
    4      hearing anything about the reason that
    5      Robinhood implemented purchasing
    6      restrictions?
    7             A.     Something about the
    8      clearinghouse.         I didn't go into further
    9      detail of what they -- their decision.
   10             Q.     All you remember is that it had
   11      something to do with the clearinghouse; is
   12      that correct?
   13             A.     Yeah.
   14             Q.     And did you believe that reason?
   15             A.     It's not for me to judge.                 I
   16      mean, it's speculation.                 I mean, I could
   17      believe it.         I couldn't believe it.              I
   18      don't know what to believe that day.                        I
   19      just wait.
   20             Q.     Thank you.
   21                    And did you first hear about
   22      Robinhood's restrictions on January 28th?
   23             A.     Somewhere around that day.
   24             Q.     And how did you hear about those
   25      restrictions?

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    1                    NGUYEN - CONFIDENTIAL
    2             A.     It was posted on my app.
    3                    MS. YOUNG:          Let's look at --
    4             Charlotte, can you mark Tab 3.                  This
    5             will be 28.
    6                    (Defendant's Exhibit 28, A
    7             Robinhood screen shot, Bates
    8             P00001320, was hereby marked for
    9             identification, as of this date.)
   10             Q.     Okay.      I think it should be
   11      there now, Mr. Nguyen.
   12                    Do you recognize this document?
   13             A.     Yes.
   14             Q.     What is it?
   15             A.     It's my portfolio.
   16             Q.     And -- so this is a screen shot
   17      you took from your phone?
   18             A.     Yes.
   19             Q.     And do you see the notification
   20      on the bottom that says, "Some securities
   21      like AMC and GME are position closing
   22      only"?
   23             A.     Mm-hmm.
   24             Q.     And if you look at the number of
   25      hours next to the notification, you took

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    1                    NGUYEN - CONFIDENTIAL
    2      this screen shot about three hours after
    3      Robinhood sent out this notification on
    4      January 28th; is that right?
    5             A.     Mm-hmm.
    6             Q.     And so at this point, on
    7      January 28th, you were aware that
    8      Robinhood had imposed trading restrictions
    9      on AMC and other securities; correct?
   10             A.     Mm-hmm.
   11             Q.     Do you recall reading this
   12      actual post?
   13                    MR. KIM:        Objection to form.
   14             A.     What post?          Oh, the --
   15             Q.     Whatever --
   16             A.     Yeah.      I seen that.
   17             Q.     Okay.
   18                    MS. YOUNG:          Let's look at
   19             exhibit previously marked 6, Tab 11,
   20             Charlotte.
   21                    (Defendant's Exhibit 6, An
   22             article titled "Keeping Customers
   23             Informed Through Market Volatility"
   24             dated January 28, 2021, was previously
   25             marked for identification.)

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    1                    NGUYEN - CONFIDENTIAL
    2             Q.     Okay.      It should be there now.
    3      I don't know why -- it's called 29, but
    4      it's previously marked 6.
    5             A.     It's 29?
    6             Q.     Right.
    7                    Do you recognize this post,
    8      Mr. Nguyen?
    9             A.     I don't.
   10             Q.     Can you look down -- so this is
   11      dated January 28, 2021.                 And it's titled
   12      "Keeping Customers Informed Through Market
   13      Volatility."
   14                    And if you turn to the second
   15      page, so this is -- I think it's actually
   16      page maybe 3 of the PDF.
   17                    About -- in the second
   18      paragraph, do you see where it states, "We
   19      are restricting transactions for certain
   20      securities to position closing only,
   21      including AMC, Blackberry, Bed Bath &
   22      Beyond, Express, GME, Koss"?
   23                    Do you see those?
   24             A.     Yes.
   25             Q.     And are -- these are the

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    1                    NGUYEN - CONFIDENTIAL
    2      restrictions that you were referring to
    3      earlier, the -- shutting off the buy
    4      button I think is how you described it?
    5             A.     Mm-hmm.       Yes.
    6             Q.     Thank you.          You can set that
    7      aside for now.
    8                    And what about after
    9      January 28th?         Do you recall whether
   10      stocks were, you know, subject to certain
   11      other restrictions besides, you know, the
   12      suspension of the buy button?
   13                    Mr. Nguyen, did you answer?
   14             A.     No.     What did you say?            Sorry.
   15             Q.     Sure.
   16                    Do you recall whether -- you
   17      know, after the 28th, whether some stocks
   18      were subject to other restrictions besides
   19      the suspension of the buy button?
   20                    MR. KIM:        Objection to form.
   21             A.     Yes.     I recall that.
   22             Q.     Do you recall any details about
   23      those restrictions?
   24             A.     Not -- not in full details.
   25             Q.     Okay.

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    1                    NGUYEN - CONFIDENTIAL
    2                    MS. YOUNG:          Let's look at
    3             Tab 14, which will be Exhibit -- I
    4             believe Exhibit 29.
    5                    (Defendant's Exhibit 29, An
    6             article titled "Changes due to ongoing
    7             market volatility," was hereby marked
    8             for identification, as of this date.)
    9             Q.     It should be there.                 Oh, wait.
   10      No.     It should not be there yet.                  One
   11      second.
   12                    Okay.      So this is the one --
   13      it's Exhibit 9 but Tab 14.
   14                    MR. KIM:        There are two
   15             Exhibit 29s, but --
   16                    MS. YOUNG:          It's actually
   17             stamped 29 that's Tab 14.
   18             A.     Okay.      I see it.
   19             Q.     And do you recognize this
   20      document, Mr. Nguyen?
   21             A.     No.
   22             Q.     Do you see that it's titled
   23      "Changes due to ongoing market
   24      volatility"?
   25             A.     Yes.

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    1                    NGUYEN - CONFIDENTIAL
    2             Q.     And under the subheading, do you
    3      see where it states, "The table below
    4      shows the maximum number of shares and
    5      options contracts to which you can
    6      increase your positions"?                   It says in that
    7      kind of first paragraph under the main
    8      heading.
    9             A.     Mm-hmm.       Yes.
   10             Q.     So do you agree that this blog
   11      post describes limits to customers'
   12      existing positions?
   13                    MR. KIM:        Objection to form.
   14             The document speaks for itself.
   15             A.     Yes.
   16             Q.     And do you see where under
   17      shares for AMC, it says 115?
   18             A.     Yes.
   19             Q.     And do you see where under
   20      shares for Blackberry, it says 65?
   21             A.     Yes.
   22             Q.     And you viewed this blog post on
   23      January 29th; correct?
   24                    MR. KIM:        Objection to form.
   25             A.     No, I didn't.

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    1                    NGUYEN - CONFIDENTIAL
    2                    MR. KIM:        Assumes facts.
    3             Q.     Okay.
    4                    MS. YOUNG:          Charlotte, can we go
    5             ahead and mark Tab 12, which will be
    6             Exhibit 30.
    7                    (Defendant's Exhibit 30, An
    8             event check Excel spreadsheet, Bates
    9             RHMDL00097949, was hereby marked for
   10             identification, as of this date.)
   11             Q.     It should be there now.                   You can
   12      access it in Exhibit Share.                       But I think
   13      Charlotte is going to also screen share
   14      this one, because it's a really big Excel
   15      that might be kind of hard to navigate.
   16             A.     It's too large.               I have to
   17      download it.
   18             Q.     Yeah.      I think Charlotte is
   19      going to pull it up on the screen there.
   20                    It will just take a second.
   21                    I'll explain I guess in the
   22      interim while she's pulling it up that I
   23      can represent to you that it's a
   24      spreadsheet called an event check that
   25      compiles the actions that a customer can

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    1                    NGUYEN - CONFIDENTIAL
    2      take on Robinhood's platform.
    3                    This is a massive Excel, so
    4      apologies for that.             I'm try to walk us
    5      through this as efficiently as possible.
    6                    MS. YOUNG:          Charlotte, can you
    7             expand Column B so we can see the
    8             whole thing.        And can you please sort
    9             the spreadsheet by date and freeze the
   10             top row so we can continue seeing the
   11             column headings.
   12             Q.     And in Column B -- oh, sorry.
   13      I'll also go ahead and represent to you,
   14      Mr. Nguyen, that consistent with your
   15      equity trade spreadsheet that we looked at
   16      a few moments ago, that one of these
   17      columns, B, I believe, has your account
   18      number.      Again, we can pull up one of your
   19      account statements if you want to verify
   20      that for yourself.            But I think that might
   21      just take -- take longer than it's worth.
   22                    MS. YOUNG:          Okay.           And
   23             Charlotte, I think the dates are now
   24             properly formatted.              And if you can
   25             scroll to Row 97409.

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    1                     NGUYEN - CONFIDENTIAL
    2                     Okay.     If you could zoom in a
    3             bit.
    4             Q.      Mr. Nguyen, do you see in the
    5      column titled "event_timestamp" -- I don't
    6      know if you need to make this even bigger.
    7      Event timestamp, it notes
    8      January 29, 2021, 11:15?
    9                     MR. KIM:        Objection to form.             I
   10             mean, it's not clear what that column
   11             says.     Can you lock the headings?
   12                     MS. YOUNG:          I thought they were
   13             locked.     I'm sorry.
   14                     Charlotte, do you need to go
   15             back to the top to freeze the
   16             headings?       Sorry, guys.                It's
   17             obviously a high-stress task that
   18             Charlotte is doing over here, trying
   19             to work in the native.
   20                     Okay.     There we go.
   21             Q.      Okay.     Now can you see that in
   22      the column titled "event_timestamp" --
   23             A.      Yes.
   24             Q.      -- January 29, 2021, 11:15?
   25             A.      Yes.

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   1                    NGUYEN - CONFIDENTIAL
   2             Q.     And then do you also see that
   3      there's a link here in the event_data_URL
   4      column, and that that goes to a Robinhood
   5      post call changes due to recent market
   6      volatility?
   7             A.     Yes, I see that.
   8             Q.     And that's the name of the
   9      second blog post we reviewed a few moments
  10      ago; correct?
  11                    MR. KIM:         Objection to form.
  12             Lack of foundation.
  13             A.     Yeah.      It is.
  14             Q.     Thank you.
  15                    MS. YOUNG:           And Charlotte, could
  16             you go across to Column Y.
  17             Q.     And Mr. Nguyen, in the
  18      event_event column, you can see this
  19      indicates "card action."
  20                    Do you see that?
  21             A.     I don't see that.                    Where is
  22      that?
  23             Q.     "Card action" in Column Y.
  24             A.     Okay.      Yeah.         I see it.
  25             Q.     And I can represent to you that

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   1                     NGUYEN - CONFIDENTIAL
   2      that means that you clicked on this blog
   3      post.       So I'm --
   4                     MR. KIM:        Objection to form.
   5             A.      Clicked on what?
   6             Q.      Clicked on this URL for this
   7      blog post, to view this blog post.
   8             A.      Okay.     But I don't remember if I
   9      clicked on it.          I mean --
  10             Q.      Understood.           Understood.          I
  11      appreciate that you may not recall viewing
  12      this specific blog post.
  13                     But would you agree that you at
  14      some point on January 29th opened this
  15      blog post?
  16                     MR. KIM:        Objection to form.                  He
  17             said he doesn't recall.
  18             A.      I don't recall opening it.                     I
  19      mean --
  20             Q.      But you have no reason to
  21      believe that you didn't click and open
  22      this blog post; correct?
  23                     MR. KIM:        He also has to reason
  24             to believe that he did.                     So, I mean --
  25             A.      I mean --

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   1                    NGUYEN - CONFIDENTIAL
   2                    MR. KIM:         Objection to form.
   3             A.     -- if I can remember, I have no
   4      reason --
   5             Q.     But on January -- on
   6      January 28th, again, you were aware of
   7      position closing only restrictions that
   8      Robinhood implemented for AMC; right?
   9                    MR. KIM:         Objection to form.
  10             Q.     You can answer, Mr. Nguyen.
  11             A.     Yeah.      I mean, I know -- yeah.
  12      Robinhood posted some kind of restriction,
  13      but --
  14             Q.     I think you called that getting
  15      rid of the buy button.                 That's what I mean
  16      by position closing only.
  17             A.     Mm-hmm.
  18             Q.     You testified earlier that you
  19      knew that those restrictions were in place
  20      on January --
  21             A.     Yes.
  22             Q.     Yeah.      And you were also aware
  23      of, you know, other certain types of
  24      restrictions -- I understand that you
  25      don't recall specifics necessarily, but

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   1                    NGUYEN - CONFIDENTIAL
   2      after the 28th; right?
   3             A.     Yes.
   4                    MR. KIM:         Objection.          Asked and
   5             answered.
   6             Q.     Sorry.       Just to make sure that's
   7      clear, did you say yes, Mr. Nguyen?
   8             A.     Yes.
   9                    MR. KIM:         Same objection.
  10             Q.     Okay.
  11                    MS. YOUNG:           Charlotte, let's
  12             turn back to the Excel we were looking
  13             at a few minutes ago.                 I think it this
  14             was Exhibit 26.           So these were the
  15             trading data.
  16             Q.     And we'll start with AMC.
  17                    So earlier, we discussed shares
  18      of AMC that you purchased on January 27th.
  19             A.     Mm-hmm.
  20             Q.     If you look at the second row of
  21      this spreadsheet, do you see where you
  22      purchased another 52 shares at $15.24 per
  23      share on January 29, 2021?
  24             A.     Mm-hmm.
  25             Q.     Why did you buy another 52

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   1                    NGUYEN - CONFIDENTIAL
   2      shares of AMC at this time?
   3             A.     I didn't know why.                   By that
   4      time, I was in the process of transferring
   5      my account, and then I would just, you
   6      know, buy a little bit here and there.
   7             Q.     Did you believe that the price
   8      of AMC would increase after you made that
   9      purchase of an additional 52 shares on
  10      January 29th?
  11             A.     Yes, I did.
  12             Q.     But you don't recall why you
  13      thought that AMC's price would increase at
  14      this point?
  15                    MR. KIM:         Objection to form.
  16             A.     I mean, I don't recall, no.                    I
  17      don't recall.
  18             Q.     And you don't recall hearing or
  19      learning anything about a potential short
  20      squeeze in AMC around this time.
  21             A.     No.
  22             Q.     And you bought these shares
  23      after you learned about the restrictions
  24      Robinhood imposed on its platform
  25      beginning on January 28th; correct?

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   1                    NGUYEN - CONFIDENTIAL
   2                    MR. KIM:         Objection to form.
   3             A.     Yes, I bought it.
   4             Q.     And you bought these shares on
   5      January 29th after you learned about the
   6      restrictions Robinhood imposed on its
   7      platform beginning on January 28th;
   8      correct?
   9                    MR. KIM:         Objection to form.
  10             A.     Yes.
  11             Q.     Thank you.
  12                    And you understand that the
  13      putative class of individuals that you
  14      represent in this litigation consist of
  15      those that held shares of the affected
  16      stocks as of the close of trading on
  17      January 27th and sold such shares between
  18      January 28th and February 4, 2021;
  19      correct?
  20             A.     Yes.
  21             Q.     So in this litigation, you're
  22      not suing on the AMC shares that you
  23      bought on January 29th and then sold;
  24      right?
  25                    MR. KIM:         Objection to form.

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   1                    NGUYEN - CONFIDENTIAL
   2             A.     Can you repeat that?
   3             Q.     So in this litigation, you're
   4      not suing on the AMC shares that you
   5      bought on January 29th; right?
   6                    MR. KIM:         Objection to form.
   7             A.     No.
   8             Q.     No, you are not; correct?
   9             A.     No, I'm not.
  10             Q.     Thank you.
  11                    So if you look at the next row,
  12      this is three from the top.
  13                    Do you see where you sold 82
  14      shares of AMC on February 1, 2021?
  15             A.     Mm-hmm.        Yeah.
  16             Q.     And again, this is after you
  17      learned of the restrictions on Robinhood's
  18      platform; right?
  19                    MR. KIM:         Objection to form.
  20             A.     I didn't know what made my
  21      decision that day, no.
  22             Q.     This is a matter of timing,
  23      Mr. Nguyen.
  24                    This trade, you executed it on
  25      February 1, 2021.            That is after what you

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   1                    NGUYEN - CONFIDENTIAL
   2      testified earlier you learned about the
   3      restrictions on Robinhood's platform
   4      beginning on January 28th.
   5             A.     I --
   6                    MR. KIM:         Question to form.
   7             A.     I knew about the restriction.
   8             Q.     Sure.
   9             A.     But what the -- what are you
  10      asking me?
  11             Q.     I'm asking if you executed this
  12      trade after you learned about the
  13      restrictions.
  14             A.     Yes.
  15             Q.     Yeah.      Thank you.
  16                    And those 82 shares that you
  17      sold included the 30 purchased on
  18      January 27th and the additional 52 you
  19      purchased on January 29th.                     I think those
  20      are the two rows above this.
  21                    Do you see that?
  22                    MR. KIM:         Objection.          Objection
  23             to form.
  24             A.     Yes.
  25             Q.     And you sold these shares for

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   1                    NGUYEN - CONFIDENTIAL
   2      the price of $15.02 per share; right?
   3             A.     Yes.
   4             Q.     So why did you sell these shares
   5      at this time on January 29th?
   6             A.     I did not know why.
   7             Q.     You don't recall any new
   8      information that you learned about the
   9      company that led you to believe that AMC
  10      was now overvalued?
  11                    MR. KIM:         Objection to form.
  12             A.     No.
  13             Q.     Do you recall if you wanted to
  14      close out your position to limit your
  15      losses?
  16             A.     No.
  17             Q.     Let's take a look at Blackberry
  18      as well.
  19                    About two-thirds down the page,
  20      five rows from the bottom, do you see
  21      where you sold 929 shares of Blackberry on
  22      January 29, 2021?
  23             A.     Mm-hmm.        Yes.
  24             Q.     And again, this is after you
  25      learned that the restrictions on

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   1                    NGUYEN - CONFIDENTIAL
   2      Robinhood's platform; correct?
   3                    MR. KIM:         Objection to form.
   4             A.     Well, I told you I didn't know,
   5      like, why it was my decision to sell that
   6      day.
   7             Q.     That wasn't my question,
   8      Mr. Nguyen.
   9                    My question was you executed
  10      this trade at a point in time that is
  11      after you learned about Robinhood's
  12      restrictions on its platform that began on
  13      January 28th; correct?
  14             A.     Yes, I did.            Yes.
  15             Q.     And you executed that trade at a
  16      point in time after you learned about
  17      Robinhood's restrictions; right?
  18             A.     Yes.
  19             Q.     Thank you.
  20                    And --
  21                    MR. KIM:         We're pushing up on
  22             another hour.         If you want to --
  23                    MS. YOUNG:           I have, like, three
  24             more questions.
  25                    MR. KIM:         -- close out this

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   1                      NGUYEN - CONFIDENTIAL
   2             topic?
   3                      MS. YOUNG:         Yeah.
   4                      MR. KIM:       And maybe we can take
   5             a break after that.
   6                      MS. YOUNG:         Yeah.           We can take
   7             lunch.     I have a couple more -- a
   8             handful more questions.
   9      BY MS. YOUNG:
  10             Q.       Again, just to make sure, I
  11      think you said -- you don't recall
  12      anything about why you decided to sell
  13      these Blackberry shares on January 29th.
  14                      MR. KIM:       Objection to form.
  15             A.       I did not recall.
  16             Q.       You don't recall any -- learning
  17      any new information about the company that
  18      led you to believe it was overvalued.
  19             A.       No.
  20             Q.       And you don't recall why you
  21      only held these shares for two days.
  22             A.       No.
  23             Q.       And you don't recall anything
  24      about an attempted short squeeze in
  25      Blackberry around this time.

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   1                    NGUYEN - CONFIDENTIAL
   2                    MR. KIM:         Objection to form.
   3             Asked and answered.
   4             A.     No.
   5             Q.     Okay.      I think we can break for
   6      lunch now.
   7                    MR. KIM:         Well, do we just want
   8             to, you know -- want to maybe just
   9             take, like, ten minutes and then --
  10                    MS. YOUNG:           No.       I'd prefer to
  11             take lunch now and get back to it.
  12                    MR. KIM:         How long?
  13                    THE VIDEOGRAPHER:                    Let me take
  14             us off the record first.
  15                    Off the record 12:09 p.m.
  16             Eastern Standard Time.
  17                    (Luncheon recess: 12:09 p.m.)
  18
  19
  20
  21
  22
  23
  24
  25

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   1                     NGUYEN - CONFIDENTIAL
   2                  A F T E R N O O N                S E S S I O N
   3                                 1:05 p.m.
   4                     THE VIDEOGRAPHER:                   We're back on
   5             the record at 1:05 p.m. Eastern
   6             Standard Time.
   7      BY MS. YOUNG:
   8             Q.      Mr. Nguyen, is it correct that
   9      in January 2021 and February 2021, you
  10      didn't buy or sell any shares of Bed Bath
  11      & Beyond?
  12             A.      That's right.
  13             Q.      And same question but for
  14      Express.
  15             A.      Yes.
  16             Q.      Yes as in you did not buy any
  17      shares of Express?
  18             A.      I did not buy any shares, no.
  19             Q.      Nor did you buy any shares of
  20      GameStop in January or February 2021?
  21             A.      No.
  22             Q.      Koss?
  23             A.      No.
  24             Q.      Tootsie Roll?
  25             A.      No.

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   1                    NGUYEN - CONFIDENTIAL
   2             Q.     And is it correct that in
   3      January of 2021, you didn't buy or sell
   4      any shares of Trivago?
   5             A.     Yeah.
   6             Q.     Did you say maybe?
   7             A.     No.     I said yes.              I didn't -- I
   8      didn't --
   9             Q.     Oh, yes, you didn't?                 Okay.
  10             A.     Yes.
  11             Q.     Thank you.
  12                    Did you consider buying any of
  13      those shares in January 2021?
  14             A.     I don't know.
  15             Q.     You don't recall.
  16             A.     I don't recall.
  17             Q.     Okay.      And since purchasing
  18      shares of AMC in January 2021, have you
  19      ever purchased additional AMC shares?
  20             A.     Not that I know of.
  21             Q.     Okay.      And since January 2021,
  22      when you purchased shares of Blackberry,
  23      have you ever purchased additional shares
  24      of Blackberry?
  25             A.     No.

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   1                    NGUYEN - CONFIDENTIAL
   2             Q.     Since January 2021, when you
   3      purchased shares of Nokia, have you ever
   4      since purchased Nokia shares?
   5             A.     No.
   6             Q.     And I think you testified
   7      earlier that you have a Webull account
   8      today?
   9             A.     Yes.
  10             Q.     And so are you still actively
  11      trading stocks today?
  12             A.     Yes.
  13             Q.     And do you currently hold stock
  14      in any of the companies we've discussed in
  15      this deposition?
  16             A.     Yes.
  17             Q.     Which are those?
  18             A.     AMC, GME.
  19             Q.     How long have you held those?
  20             A.     AMC, almost close to probably
  21      years.      Well, I sold -- I sold it as a
  22      loss and then re-bought it.
  23             Q.     And you said about two years
  24      ago, you re-bought or bought additional
  25      shares?

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   1                    NGUYEN - CONFIDENTIAL
   2             A.     No.     Just recently, I just
   3      re-bought it.         I sold it and then
   4      re-bought it again.
   5             Q.     So I thought, when I asked you a
   6      few moments ago, I said since January of
   7      2021, when you purchased shares of AMC,
   8      have you since purchased AMC shares, and
   9      you said no.
  10                    Is that not --
  11             A.     Oh, I thought -- I thought you
  12      said that time, that time in January --
  13             Q.     Since those trades we reviewed
  14      earlier, have you since purchased shares
  15      of AMC?
  16             A.     Yeah.      I purchased AMC and GME.
  17             Q.     Okay.      So --
  18             A.     Well, GME just recently.
  19             Q.     GME recently.
  20                    How recently?
  21             A.     Probably like a week or two ago.
  22             Q.     Okay.      So well after you were --
  23      you became a lead plaintiff in this
  24      action; correct?
  25             A.     Yes.

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   1                    NGUYEN - CONFIDENTIAL
   2                    MR. KIM:         Objection to form.
   3             Q.     So going back to AMC.
   4                    To clarify, when did you buy
   5      more shares in AMC?
   6             A.     I don't have a particular day,
   7      but I just bought more of AMC, like,
   8      probably, like, a month --
   9             Q.     A month ago?
  10             A.     Yeah.      Like, a month, couple of
  11      weeks, three or four weeks.                        I don't know.
  12             Q.     A couple of weeks ago.
  13                    So again, that was after you
  14      became a lead plaintiff in this action.
  15                    MR. KIM:         Objection to form.
  16             Q.     You can answer, Mr. Nguyen.
  17             A.     Yeah.      What do you mean, like,
  18      after I became a plaintiff, and then I
  19      bought it?
  20             Q.     Correct.         In terms of the
  21      sequence.
  22             A.     Yeah.      I bought it after.                Yeah.
  23             Q.     Okay.      And also -- so circling
  24      back, because I think you might have -- or
  25      maybe I didn't articulate my initial

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   1                    NGUYEN - CONFIDENTIAL
   2      question very well.
   3                    But since the trades -- the
   4      Blackberry purchases we reviewed earlier,
   5      that was back in January 2021, have you
   6      since purchased any shares of Blackberry?
   7             A.     No.
   8             Q.     Okay.      And same question for
   9      Nokia.
  10             A.     No.
  11             Q.     Okay.      Besides AMC and GME, do
  12      you hold any of the other stock or stock
  13      in any of the other companies we've
  14      discussed today?
  15             A.     No.
  16             Q.     Okay.      So what stocks make up
  17      the biggest portion of your portfolio
  18      currently?
  19             A.     AMC.
  20             Q.     Do you know roughly how many
  21      shares of AMC you hold?
  22             A.     Well, AMC, I hold about, like,
  23      100 or 200, around there, so, like, 100
  24      something.       And A -- which is a split of
  25      AMC, I have, like, 6,000 of that share.

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   1                    NGUYEN - CONFIDENTIAL
   2      And GME, I have close to, like, 50 I
   3      think.
   4             Q.     So you said --
   5                    CERTIFIED STENOGRAPHER:                    Did you
   6             say 50 or 15?
   7                    THE WITNESS:             50.
   8             Q.     50 shares of GME?                    And around
   9      100 to 200 shares of AMC?
  10                    MR. KIM:         Objection to form.
  11             A.     Yeah.
  12             Q.     And approximately what is the
  13      value of your portfolio today?
  14             A.     Plus the loss?
  15             Q.     No.     Just your current
  16      portfolio, not, like, how much you've
  17      lost.
  18             A.
  19             Q.     Got it.
  20                    What is your role in this
  21      lawsuit, Mr. Nguyen?
  22             A.     To talk to my lawyer about the
  23      case, about this class -- representative
  24      class for their best interest.
  25             Q.     So --

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   1                    NGUYEN - CONFIDENTIAL
   2             A.     And to -- to approve any
   3      recovery for the class.
   4             Q.     And when did you first hear
   5      about this lawsuit?
   6             A.     Well, I joined the lawsuit on
   7      January 13, 2023, after I signed a
   8      certificate -- certification.
   9             Q.     So presumably, you heard about
  10      the lawsuit prior to January 13, 2023;
  11      right?
  12             A.     Yeah.
  13             Q.     So when did you first hear about
  14      the lawsuit?
  15             A.     I don't -- I don't know the
  16      exact day.
  17             Q.     Do you have an approximate
  18      sense?
  19             A.     No.
  20             Q.     Was it days before you signed
  21      that document?          Weeks?         Months?
  22             A.     I mean, like, a week after --
  23      after, like, January 28th, like, something
  24      like a week after --
  25             Q.     A week --

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   1                    NGUYEN - CONFIDENTIAL
   2             A.     -- 2021.
   3             Q.     -- after February 28th of --
   4             A.     -- 2021.
   5             Q.     -- 2021?
   6             A.     Yeah.
   7             Q.     And how did you hear about the
   8      lawsuit?
   9             A.     Through a website.
  10             Q.     What website was that?
  11             A.     I forgot what website it was.
  12             Q.     Was it, like, a social media
  13      website or a separate website?
  14             A.     I'm not sure.              It wasn't social
  15      media.      It was probably around the news.
  16             Q.     And did you contact the Rosen
  17      firm?
  18             A.     Yes, I did.
  19             Q.     And why did you want to be
  20      involved in this lawsuit as a named
  21      plaintiff?
  22             A.     To recover the loss.
  23             Q.     Have you been compensated for
  24      the time you've been spending on this
  25      case?

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   1                    NGUYEN - CONFIDENTIAL
   2             A.     No.
   3             Q.     Have you been told whether
   4      you'll receive compensation at any point
   5      for your involvement in this case?
   6             A.     None that I know of.
   7             Q.     So excluding your deposition
   8      today, how much time have you spent on
   9      things related to this lawsuit?
  10             A.     Well, I don't have that on
  11      record.      I mean, like, I spent a couple of
  12      hours here and there talking to my lawyer,
  13      fifteen, ten minutes, you know.
  14             Q.     And that's all since
  15      January 13, 2023?
  16             A.     Yeah.
  17             Q.     Have you read the complaint or
  18      other filings?
  19             A.     Yes, I read it.
  20             Q.     When did you read that?
  21             A.     Like, a week.
  22             Q.     A week ago?
  23             A.     Yeah, like, a week ago.
  24             Q.     Have you reviewed other
  25      documents related to the events at issue

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   1                    NGUYEN - CONFIDENTIAL
   2      in this action?
   3             A.     No.     Only the document my lawyer
   4      gave me.
   5             Q.     And that being the complaint?
   6             A.     Yes.      That's the complaint.
   7             Q.     And aside from your deposition
   8      today, have you had other meetings or
   9      phone calls with counsel?
  10             A.     No.
  11             Q.     I thought you testified a little
  12      while earlier that you sometimes had phone
  13      calls with your counsel.
  14                    Is that not the case?
  15             A.     What did you say?
  16             Q.     Have you had meetings or phone
  17      calls -- aside from your deposition prep
  18      that we discussed earlier, have you had
  19      other meetings or phone calls with your
  20      counsel?
  21             A.     Yes.      I mean, anything
  22      pertaining to this case, I mean.
  23             Q.     And how frequently do you
  24      communicate with counsel, aside -- setting
  25      aside conversations about your deposition

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   1                    NGUYEN - CONFIDENTIAL
   2      today?
   3             A.     Anything concerning the case,
   4      he'll call me, but I don't know, you know,
   5      like, when he's going to call.
   6             Q.     So do you understand what the
   7      class is in this lawsuit?
   8             A.     The class are people that is
   9      harmed during the time that Robinhood put
  10      restriction on its stock.
  11             Q.     So do you know that the
  12      timeframe or kind of the more specific
  13      parameters of the class?
  14             A.     I don't know the exact
  15      timeframe, no.
  16             Q.     Or when you needed to have
  17      bought or sold certain shares?
  18             A.     Excuse me?
  19             Q.     Do you know when you need to
  20      have bought or sold certain shares to
  21      qualify as a class member?
  22             A.     Well, that's a job much my
  23      attorney to -- I don't know -- I don't
  24      know the clarification.                  Like, what
  25      whatever I said to them, they assist me

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   1                    NGUYEN - CONFIDENTIAL
   2      through that.
   3             Q.     And what do you understand this
   4      lawsuit to be about?
   5             A.     Robinhood committed security
   6      fraud by taking away the buy button.
   7             Q.     What's your understanding of
   8      Robinhood's business?
   9             A.     It's a mobile app where you
  10      trade stocks.
  11             Q.     And what are you alleging that
  12      Robinhood did wrong?
  13             A.     They took away the buy button.
  14             Q.     And why is that wrong?
  15             A.     That caused the stock to fall,
  16      supply and demand.
  17             Q.     Mr. Nguyen, you purchased shares
  18      of AMC on January 29, 2021; correct?
  19             A.     Yes.
  20             Q.     And that was after you knew of
  21      the restrictions Robinhood imposed
  22      beginning on January 28th; correct?
  23             A.     Mm-hmm.
  24                    MR. KIM:         Objection to form.
  25             Q.     So if you believed that these

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   1                    NGUYEN - CONFIDENTIAL
   2      restrictions had caused the price of the
   3      stock to decline, why did you purchase
   4      more shares of AMC at that time?
   5                    MR. KIM:         Objection to form.
   6             Asked and answered.
   7             A.     Well, I didn't miss out.                I was
   8      in the process of transferring my account.
   9             Q.     Why would you need to purchase
  10      more shares of AMC to transfer your
  11      account?
  12             A.     To make sure I have AMC shares.
  13             Q.     So then that means that at that
  14      time, you thought the share of -- or the
  15      price of AMC would increase.
  16             A.     Well, I didn't know what was
  17      going to happen.           I just wanted just to
  18      make sure I -- once they transferred, I
  19      still have the stock.
  20             Q.     Would you agree that on
  21      January 29th, you thought that the price
  22      of AMC stock would increase?
  23             A.     Well, I wouldn't know that.
  24             Q.     Did you think that at the time?
  25      Not did you know that.                 Was your

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   1                    NGUYEN - CONFIDENTIAL
   2      expectation that the price of AMC stock --
   3             A.     Well, I didn't know what I was
   4      thinking, though.
   5             Q.     Well, if you thought that the
   6      price of AMC stock would decline,
   7      presumably, you wouldn't have purchased it
   8      on January 29th.
   9                    MR. KIM:         Objection to form.
  10             Q.     Is that fair to say?
  11             A.     Of course not.
  12             Q.     Of course not.
  13                    So on January 29th, when you
  14      were well aware of Robinhood's
  15      restrictions, you did not think that those
  16      restrictions would cause the price to
  17      decline.      You thought the price of AMC
  18      stock was going to increase at that point.
  19                    MR. KIM:         Objection to form.
  20             A.     No.     I bought it because I make
  21      sure -- I didn't know what was going to
  22      happen.      I was just making sure I have AMC
  23      shares.      And, you know, whatever at that
  24      time, I was just making sure that it was
  25      transferred.        I didn't know what's going

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   1                    NGUYEN - CONFIDENTIAL
   2      to happen.       It was in the hope of making
   3      money, yes.
   4             Q.     So you purchased shares of AMC
   5      on January 29th in the hopes of making
   6      money.
   7             A.     Yes.
   8             Q.     And did Robinhood force you to
   9      sell AMC at the time you sold it on
  10      February 1, 2021?
  11                    MR. KIM:         Objection to form.
  12             A.     Well, I felt that way.
  13             Q.     And why is that?
  14             A.     Because they took away the buy
  15      button.
  16             Q.     On January -- I'm sorry.
  17             A.     They took away the buy button
  18      and wouldn't allow you to sell.                    So --
  19             Q.     Well, Mr. Nguyen, the buy button
  20      was not taken away on January 29th when
  21      you bought shares of AMC.                    Isn't that
  22      true?
  23             A.     Yeah.
  24             Q.     Okay.      And so two days later, on
  25      February 1st, are you saying that the buy

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   1                    NGUYEN - CONFIDENTIAL
   2      button was taken away at that time?
   3             A.     Well, during -- during the
   4      time -- I didn't know exactly what day
   5      they took away the buy button, but they
   6      did took away the buy button during the
   7      time that I was in play.                   Yeah.
   8             Q.     But you said that they took away
   9      the buy button on January 28th.
  10                    Obviously, the buy button --
  11                    MR. KIM:         Objection.
  12             Q.     -- was reinstituted by the 29th,
  13      because that's when you purchased more
  14      shares of AMC.
  15                    MR. KIM:         Objection to form.
  16             A.     What did you say?
  17                    MR. KIM:         Objection to form.
  18             Q.     The buy button -- the buy button
  19      was not suspended on January 29th when you
  20      bought more shares of AMC; correct?
  21             A.     Mm-hmm.        Yeah.
  22             Q.     Okay.      And so are you saying
  23      that the buy button was suspended again on
  24      February 1st, and that's why you were
  25      forced to sell shares of AMC?

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   1                      NGUYEN - CONFIDENTIAL
   2                      MR. KIM:       Objection to form.
   3             Asked and answered.
   4             A.       Well, I did not know.               I don't
   5      remember what -- what exactly I did that
   6      day.        And I don't remember how I made that
   7      decision either.
   8             Q.       And did Robinhood force you to
   9      sell Black -- your shares of Blackberry
  10      during the class period?
  11             A.       It's the same -- it's the same
  12      answer as -- you know, I felt it.                       I felt
  13      like that's what they did.                     But --
  14             Q.       Even if the buy button -- even
  15      if the buy button was on the platform and
  16      investors could buy the stock, you still
  17      felt like you had to sell?
  18                      MR. KIM:       Objection to form.
  19             A.       No.   I sold because I sold.                I
  20      didn't have to sell.               I mean, I didn't --
  21      I didn't know why I had to -- I sold that
  22      day.        I didn't know why.
  23             Q.       You had no --
  24             A.       I don't recall why I sold it or
  25      why I bought anything.

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   1                    NGUYEN - CONFIDENTIAL
   2             Q.     So you have absolutely no
   3      recollection of any reason why you bought
   4      any of these shares, nor why you sold any
   5      of these shares that we've been discussing
   6      today.
   7                    MR. KIM:         Objection to form.
   8             A.     No.
   9             Q.     Is it your position that there
  10      are no other events that could have caused
  11      the stock prices of AMC and Blackberry to
  12      decline on or after January 28th aside
  13      from Robinhood's restrictions?
  14             A.     I don't understand what that
  15      means.
  16                    MR. KIM:         Objection to form.
  17             Calls for a legal conclusion.
  18             Q.     Is it your view that there were
  19      no other possible factors that could have
  20      contributed to the stock price decline in
  21      AMC or Blackberry on, let's say,
  22      January 29th through February 1st --
  23                    MR. KIM:         Objection to form.
  24             Q.     -- by Robinhood's restrictions?
  25                    MR. KIM:         Objection to form.

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   1                      NGUYEN - CONFIDENTIAL
   2             A.       I do not understand what that
   3      means.
   4                      MS. YOUNG:         Charlotte, let's go
   5             to Tab 21.       This will be Exhibit 31.
   6                      (Defendant's Exhibit 31,
   7             Defendants' First Set of Requests for
   8             the Production of Documents and
   9             Electronically Stored Information
  10             Directed to Plaintiffs, was hereby
  11             marked for identification, as of this
  12             date.)
  13             Q.       And -- just a second.                  I think
  14      it should be here.             Oh, I see it now.
  15      Tab 31.
  16                      MR. KIM:       Tab 21.             Exhibit 31.
  17             A.       I see it.        Oh, it's Tab 6.
  18             Q.       I think it's Exhibit 31, Tab 21.
  19             A.       Oh, I see it.
  20             Q.       Okay.
  21             A.       Tab 12.      Wait.         Exhibit 31.
  22                      MR. KIM:       Yeah.         That's the one.
  23             Q.       Can you identify this document?
  24             A.       It's Defendants' first set of
  25      requesting order production electronically

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   1                    NGUYEN - CONFIDENTIAL
   2      stored information directed to plaintiffs.
   3             Q.     Do you recognize this document?
   4             A.     Yes.
   5             Q.     Have you seen it before?
   6             A.     Yes.
   7             Q.     When did you see it?
   8             A.     It was sent to me by my --
   9      probably, like, a week ago.
  10             Q.     So Mr. Nguyen, a few minutes
  11      ago, you testified that the only documents
  12      or filings that you received from your
  13      counsel in connection with this litigation
  14      was the complaint; right?
  15                    MR. KIM:         Objection to form.
  16             A.     The complaint.               Yeah.   The
  17      complaint and the -- whatever is in the
  18      exhibit.
  19             Q.     And this is the only other
  20      document that you've seen before?                    Is that
  21      what you were saying?
  22             A.     What did you say?
  23             Q.     And you said -- you said the
  24      complaint -- the complaint and whatever is
  25      in the exhibit.

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   1                    NGUYEN - CONFIDENTIAL
   2                    Is this the exhibit you're
   3      referring to?
   4             A.     I mean, the exhibit has a lot of
   5      stuff in it, but --
   6             Q.     I guess my question is what do
   7      you mean by "the exhibit"?                     This document
   8      or --
   9             A.     The complaint.               The complaint.
  10      No.     I've never seen this, actually.
  11             Q.     Never seen it before.
  12             A.     No.
  13             Q.     So you didn't receive this a
  14      week ago.
  15                    MR. KIM:         Objection to form.
  16             A.     No.
  17             Q.     Were you informed of these
  18      requests?
  19             A.     I don't know what that means.
  20             Q.     Did your counsel discuss with
  21      you certain document requests that
  22      Robinhood served upon you?
  23             A.     Yes.      And I sent that all to my
  24      lawyer.
  25             Q.     So what is your understanding of

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   1                      NGUYEN - CONFIDENTIAL
   2      what those requests are?
   3             A.       Document as to anything that's
   4      relevant to the case.
   5             Q.       Such as?
   6             A.       Tax statement, statement from
   7      Robinhood -- that's about all I remember.
   8             Q.       So where did you look for
   9      potentially relevant documents?
  10             A.       On my phone, anywhere that I
  11      think it was relevant.
  12                      CERTIFIED STENOGRAPHER:              I'm
  13             sorry.     Could you repeat that?
  14                      THE WITNESS:           Anywhere I think
  15             that the document is relevant.
  16             Q.       Did you look in your home for
  17      any potentially relevant hard copy
  18      documents?
  19             A.       I do not have any hard copy.
  20             Q.       Do you have a personal computer
  21      or laptop?
  22             A.       Yes.
  23             Q.       Did you search electronic files
  24      stored on your computer?
  25             A.       Yes, but I don't do any trading

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   1                    NGUYEN - CONFIDENTIAL
   2      on my computer, so nothing is stored on my
   3      computer.
   4             Q.     Have you ever texted about AMC
   5      or Blackberry before with anybody?
   6             A.     No.
   7             Q.     Have you ever exchanged any
   8      emails with anybody about AMC, Blackberry,
   9      Robinhood, anything like that?
  10             A.     No.
  11             Q.     You've never received any emails
  12      concerning Robinhood or the securities at
  13      issue in this litigation?
  14             A.     No.
  15             Q.     What about emails that you might
  16      have received from Robinhood?
  17             A.     Well, basically, any email that
  18      was received after that -- after I
  19      transferred account, I just ignored it.
  20      I --
  21             Q.     What do you mean you ignored it?
  22             A.     I blocked Robinhood from sending
  23      me any -- any information regarding them.
  24             Q.     That -- I'm not sure that that
  25      answers my question with respect to the

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   1                    NGUYEN - CONFIDENTIAL
   2      relevant time period.
   3                    MR. KIM:         Objection to form.
   4             Q.     You -- you have received emails
   5      from or concerning Robinhood.
   6             A.     Yes.      During that time.               But I
   7      don't know if I --
   8             Q.     Correct.
   9             A.     -- looked over it.
  10             Q.     But you didn't look over those.
  11             A.     I don't know if I did.
  12             Q.     Okay.      So you didn't go through
  13      your email accounts for documents that
  14      Robinhood requested?
  15                    MR. KIM:         Objection to form.
  16             That's not what he said.                    I think what
  17             he said was --
  18                    MS. YOUNG:           Let him speak for
  19             himself.
  20                    MR. KIM:         He doesn't recall
  21             actually reading those emails when he
  22             received them, which is different than
  23             whether he looked for documents that
  24             were responsive to the requests.
  25                    MS. YOUNG:           Which is what I'm

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   1                     NGUYEN - CONFIDENTIAL
   2             asking him, and we can see what he
   3             says.
   4             A.      Ask it again.             I didn't --
   5             Q.      Sure.     Did you search through
   6      your personal -- through your email
   7      account for potentially relevant documents
   8      requested in Robinhood's discovery
   9      requests?
  10             A.      Yes, I did.
  11             Q.      How did you go about doing that?
  12             A.      I look in my inbox.
  13             Q.      So you looked through every
  14      email in your inbox that you've ever
  15      received?
  16             A.      That I never received?
  17             Q.      That you ever received.
  18             A.      Yeah.     I looked through my
  19      inbox.
  20             Q.      How many emails do you think you
  21      have in your inbox, would you guess?
  22             A.      Like 3,000.
  23             Q.      And you clicked through each and
  24      every one of those?              Did you --
  25             A.      No.     I scrolled through them.               I

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   1                    NGUYEN - CONFIDENTIAL
   2      don't --
   3             Q.     You didn't search any terms, for
   4      instance, "Robinhood," "AMC," things like
   5      that?
   6             A.     No.
   7             Q.     What about folders besides your
   8      inbox?
   9             A.     I don't have any external
  10      folders.
  11             Q.     Like, what about your sent box?
  12             A.     My sent box?
  13             Q.     Right.
  14             A.     I never -- I never sent
  15      anything.
  16             Q.     You've never sent an email
  17      before?
  18             A.     I sent an email but not to them.
  19             Q.     But the requests don't
  20      exclusively seek email correspondence with
  21      Robinhood.
  22             A.     Well, I didn't send any email,
  23      you know, that pertained to this case to
  24      anyone, only to my -- to my lawyers.
  25             Q.     Do you maintain all of your

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   1                    NGUYEN - CONFIDENTIAL
   2      investment records?
   3                    MR. KIM:         Objection to form.
   4             A.     Yes.      Most of it.
   5             Q.     And did you look through all of
   6      those?
   7             A.     Yes.
   8             Q.     And you have a cellphone; right?
   9      I guess we know that from your screen
  10      shot.
  11             A.     Yes.
  12             Q.     And since January 2021, have you
  13      gotten a new cellphone?
  14             A.     Yes, just recently.
  15             Q.     Is it -- or I should back up.
  16                    Was your prior phone an iPhone?
  17             A.     Yes.
  18             Q.     And was it backed up to the
  19      iCloud or backed up in some capacity?
  20             A.     To my understanding, I don't --
  21      I never back up anything to the iCloud.
  22             Q.     So where is that phone now?
  23             A.     At home.
  24             Q.     It still functions?
  25             A.     Yes.

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   1                    NGUYEN - CONFIDENTIAL
   2             Q.     And did you search that old
   3      phone for text messages about, for
   4      instance, Robinhood or AMC or Blackberry?
   5             A.     Yes.
   6             Q.     And how did you go about doing
   7      that?
   8             A.     I searched my -- I mean, I
   9      searched my message, my internet,
  10      whatever, you know, my email.
  11             Q.     What search terms did you use?
  12             A.     I didn't use no search terms.
  13             Q.     So you read every text you've
  14      ever sent or received?
  15             A.     One by one.
  16             Q.     How long did that take you?
  17             A.     Well, I only look at the day.
  18      That didn't take me too long, because I
  19      look at a specific day, and if it don't
  20      fall between that time, then it's
  21      irrelevant.
  22             Q.     So what date did you look at?
  23             A.     Like, January 2021 through
  24      February.
  25             Q.     You mean January 1st through

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   1                    NGUYEN - CONFIDENTIAL
   2      February 28th?
   3             A.     Yeah.      Anything, like, the year
   4      2021, January 2021 and February, you know,
   5      2021 or even March.
   6             Q.     What about December 2020?
   7             A.     December 2020.               I'm not sure if
   8      I looked.
   9             Q.     What about -- I'm sorry.                 Go
  10      ahead.
  11             A.     No.
  12             Q.     No.     I didn't mean to interrupt
  13      you.
  14             A.     No.     I forgot what I was going
  15      to say.
  16             Q.     And did you search through other
  17      messaging platforms, like WhatsApp?
  18                    MR. KIM:         Objection.          Form.
  19             A.     I don't have WhatsApp.
  20             Q.     Anything else?               Like, for
  21      instance, I don't know if on Twitter you
  22      even can, like, direct message somebody,
  23      but any type of communication that way?
  24             A.     No.
  25             Q.     When did you give responsive

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   1                    NGUYEN - CONFIDENTIAL
   2      documents that you identified to your
   3      counsel?
   4             A.     I believe after I signed my
   5      January -- January 13, 2023.
   6             Q.     Sometime after -- like, on --
   7             A.     After.       After.
   8             Q.     Was it near the time to that?
   9                    MR. KIM:         Objection to form.
  10             A.     I mean during -- somewhere
  11      around that time.            After -- after
  12      January 13th.
  13             Q.     After.
  14                    Within a number of days?                    Weeks?
  15             A.     Weeks, day -- yeah.                    Weeks and
  16      days, you know, like, week -- whatever
  17      they contact me, whatever information they
  18      need, I send it to them.
  19             Q.     Did you take any actions to
  20      preserve documents that relate to the
  21      events that you've alleged in this
  22      lawsuit?
  23             A.     What do you mean?                    What type of
  24      actions?
  25             Q.     For instance, if your email

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   1                    NGUYEN - CONFIDENTIAL
   2      inbox had been set to automatically delete
   3      emails after a certain time, did you care
   4      to, you know, remove those sorts of --
   5             A.     No.
   6             Q.     No.
   7                    Is there any --
   8             A.     No.
   9             Q.     Are there any documents or
  10      information from the relevant time period
  11      that would no longer be available?
  12             A.     I don't get what that -- I don't
  13      get what you mean.
  14             Q.     So, for instance, let's say if
  15      you wiped all of your texts from
  16      January 2021, there would be nothing left
  17      to search.
  18             A.     Well, I mostly -- most of the
  19      time, I don't delete my texts.                     Whatever
  20      is on there is on there.
  21             Q.     Right.
  22             A.     Yeah.
  23             Q.     And I'm asking things like so
  24      you didn't delete any messages from the
  25      relevant time period or --

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   1                    NGUYEN - CONFIDENTIAL
   2             A.     No.     No.      I didn't.
   3             Q.     -- throw away any documents from
   4      the period that might be relevant, things
   5      like that.
   6             A.     No.     I didn't delete anything.
   7      No.
   8             Q.     And Mr. Nguyen, earlier today, I
   9      believe that you testified that you do not
  10      recall any sort of attempted short squeeze
  11      around January 2021 in any of the stocks
  12      we've discussed today; is that correct?
  13             A.     Yes.
  14                    MR. KIM:         Object to form.          Asked
  15             and answered.
  16             Q.     Yes as in that --
  17             A.     Yes, that is correct.
  18             Q.     Okay.      You're a lead plaintiff
  19      in this case; right?
  20                    MR. KIM:         Object to form.          He's
  21             a named plaintiff.
  22             Q.     Excuse me.           A named plaintiff.
  23             A.     The lead plaintiff is Blue
  24      Beverage, I believe.
  25                    CERTIFIED STENOGRAPHER:                I'm

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   1                      NGUYEN - CONFIDENTIAL
   2             sorry.     Could you repeat that?
   3                      THE WITNESS:           Blue Beverage.
   4                      MR. KIM:       That's his name.
   5             Blue -- Blue Beverage.                  Well, Blue
   6             Lane Beverage.
   7                      MS. YOUNG:         Right.
   8                      MR. KIM:       Just the court
   9             reporter needs you to say the full
  10             name.     That's all.
  11             Q.       I should have said that you're a
  12      named plaintiff.           Excuse me.
  13                      You're a named plaintiff in this
  14      action; correct?
  15             A.       Yes.
  16             Q.       And what's the name of this
  17      litigation?
  18                      MR. KIM:       Objection to form.
  19             A.       What do you mean the name of
  20      this litigation?
  21             Q.       So, for instance, on the
  22      subpoena that we were just looking at,
  23      under the case number where it says "In
  24      Re:" what's the title of the litigation
  25      after that?

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   1                    NGUYEN - CONFIDENTIAL
   2             A.     Where are you seeing this?
   3             Q.     In the exhibit we were just
   4      looking at.         So this would be Exhibit 31.
   5             A.     31?     Uh-huh.
   6             Q.     Can you read after the -- at
   7      the -- near the top of the page on the
   8      left-hand side?
   9             A.     The case number?
  10             Q.     Beneath the case number where it
  11      says "In Re," and then there's a colon.
  12             A.     Oh, January 21st -- no.
  13      "January 2021 Short Squeeze Trading
  14      Litigation."
  15             Q.     Right.       But you don't recall any
  16      attempted or actual short squeeze in
  17      January 2021 in any of the stocks we've
  18      discussed today; correct?
  19                    MR. KIM:         Objection to form.
  20             Asked and answered.
  21             A.     No.
  22             Q.     Do you have any sense of why
  23      this case is named --
  24                    MR. KIM:         Objection to form.
  25             Calls for speculation.

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   1                      NGUYEN - CONFIDENTIAL
   2             Q.       -- short squeeze trading
   3      litigation?
   4                      CERTIFIED STENOGRAPHER:                   I'm
   5             sorry.     There as crosstalk.                   I need
   6             the question repeated.
   7                      MS. YOUNG:          Yeah.           Mr. Kim, I'd
   8             appreciate if you'd let me actually
   9             finish the question before you lodge
  10             your objection.
  11             Q.       Do you have any sense of why
  12      this case -- what is your understanding as
  13      to why this case is titled In Re
  14      January 2021 -- January 2021 -- excuse
  15      me -- Short Squeeze Trading Litigation?
  16                      MR. KIM:        Objection.             Form.
  17             Argumentative.
  18             A.       No.     I don't know why.
  19             Q.       Okay.     You testified earlier
  20      today, Mr. Nguyen, that around January of
  21      2021, you were looking at some
  22      AMC-specific sub-Reddits; right?
  23                      MR. KIM:        Objection to form.
  24             A.       I don't remember.
  25             Q.       You don't remember testifying to

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   1                      NGUYEN - CONFIDENTIAL
   2      that, or you don't remember
   3      specifically --
   4             A.       I don't know the specific AMC
   5      that I looked at, no.
   6             Q.       Do you remember looking at any
   7      AMC-related content on Reddit
   8      around that --
   9                      MR. KIM:       Objection to form.
  10             Asked and answered.
  11             A.       I mean, what I looked at is very
  12      brief.        I don't spend days or hours in
  13      reading every single post that they post.
  14      It's very general.             I do my reading, like,
  15      really quick in general.                   I don't really
  16      remember what I've read.                   There's millions
  17      of thousands of posts.
  18             Q.       But you specifically mentioned
  19      discussion about AMC around that time.
  20             A.       Yes.    Anything titled AMC.             They
  21      had -- they had, like, a blog just for
  22      AMC.        So I just go through there.
  23      Whatever is under that, you know, I just
  24      read it.        But I don't really particularly
  25      know what I read, remember.

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   1                    NGUYEN - CONFIDENTIAL
   2                    MS. YOUNG:           We're going to put
   3             up another document.                I think this
   4             will be 32.
   5                    (Defendant's Exhibit 32, Reddit
   6             post on AMC stock, was hereby marked
   7             for identification, as of this date.)
   8             Q.     Okay.      I think it should be up
   9      there now.
  10                    Do you see it, Mr. Nguyen?
  11             A.     Yeah, I see it.                Yes.
  12             Q.     And is AMC -- is r/AMCTheatres
  13      an AMC-specific sub-Reddit?
  14                    MR. KIM:         Objection to form.
  15             A.     I don't know.              I've never seen
  16      it.     Or I don't remember seeing it.
  17             Q.     Do you see the post right here?
  18                    MR. KIM:         Right where?         Are you
  19             pointing to something?
  20             Q.     At the very top, beneath the
  21      timestamp, it's kind of hovering.
  22                    Do you see where it says "AMC
  23      stock," rocket ship, rocket ship, rocket
  24      ship?
  25             A.     Yeah.

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   1                     NGUYEN - CONFIDENTIAL
   2             Q.      Do you have an understanding of
   3      what the rocket ship Emoji means?
   4             A.      Somewhat.
   5             Q.      Could you tell us what your
   6      understanding is.
   7             A.      It's a rocket ship.
   8             Q.      Okay.     Do you have any other --
   9      besides it being a rocket ship, what does
  10      it communicate?
  11             A.      Something is going up.              Rocket
  12      ship.       I don't know.          I don't -- go ahead.
  13             Q.      So when used in conjunction with
  14      AMC stock, what would you understand to be
  15      going up?
  16                     MR. KIM:        Objection to form.
  17             Calls for speculation.
  18             A.      What is going up you say?
  19             Q.      What is your understanding of
  20      what is going up?
  21             A.      The stock is going up.
  22             Q.      The price of the stock was going
  23      up?
  24             A.      Well, I mean, yeah.
  25                     MR. KIM:        Objection to form.

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   1                    NGUYEN - CONFIDENTIAL
   2             A.     It's speculation.                    I don't know.
   3      I don't -- something is going up.
   4      Apparently, it's AMC stock, and then a
   5      rocket ship, it must be AMC stock going
   6      up.
   7             Q.     In this -- if you look at the
   8      timestamp is on January 25, 2021.
   9                    So I believe that's two days
  10      prior to you making your first --
  11      purchasing your first set of shares in
  12      AMC; is that right?
  13             A.     Yes.      Yes.
  14             Q.     And is this consistent with your
  15      recollection from around that time that
  16      the price of AMC was increasing?
  17             A.     Well, I never seen the article.
  18             Q.     Correct.         I don't mean the
  19      specific post.          Just your recollection in
  20      general from that time period.
  21                    MR. KIM:         Objection to form.
  22             Asked and answered.
  23             A.     Well, when I bought it, I
  24      didn't -- I didn't look into any of this
  25      stuff.      I mean, somewhere around that

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   1                    NGUYEN - CONFIDENTIAL
   2      time, you know, like, I read Reddits and
   3      stuff like that, but not -- after, I never
   4      heard, you know, like -- I never heard of
   5      any of this.
   6             Q.     So you said around this time,
   7      you read Reddits and stuff like that.
   8             A.     Yes.
   9             Q.     Reddits?
  10                    Around this time, you read
  11      Reddit concerning AMC; is that right?
  12             A.     Yes.
  13             Q.     And to the best of your
  14      recollection, did any of those Reddits or
  15      other social media posts concern the
  16      rising price of AMC stock?
  17                    MR. KIM:         Objection to form.
  18             Asked and answered.
  19             A.     I don't know what that means.
  20             Q.     Okay.      Let's break that down,
  21      then.
  22                    Do you recall any of the Reddit
  23      posts that you remember from around this
  24      time period mentioning or discussing an
  25      increase in AMC stock price?

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   1                     NGUYEN - CONFIDENTIAL
   2                     MR. KIM:        Objection to form.
   3             A.      No, I do not recall.
   4             Q.      So you don't recall kind of the
   5      subject matter or the topics of any
   6      AMC-related content that you looked at on
   7      Reddit around this time.
   8                     MR. KIM:        Objection to form.
   9             Asked and answered.
  10                     CERTIFIED STENOGRAPHER:               What
  11             was the answer?
  12                     THE WITNESS:            No.
  13             Q.      On these Reddit -- sub-Reddit,
  14      you know, threads, would you ever comment
  15      or participate?
  16             A.      No.
  17             Q.      You were just an observer?
  18             A.      Yes.
  19                     MS. YOUNG:          I think I'm nearing
  20             the end, Counsel.             Could I have, like,
  21             ten minutes?
  22                     MR. KIM:        Sure.
  23                     MS. YOUNG:          Okay.
  24                     MR. KIM:        Is this good right
  25             here?

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   1                     NGUYEN - CONFIDENTIAL
   2                     MS. YOUNG:          Yeah.           I think this
   3             is good.
   4                     MR. KIM:        All right.             We'll be
   5             back, I guess --
   6                     MS. YOUNG:          Let's just say 2:00
   7             at this point.
   8                     MR. KIM:        All right.             Sounds
   9             like a plan.        Ten minutes till 2:00 or
  10             2:00.
  11                     MS. YOUNG:          Yeah.
  12                     THE VIDEOGRAPHER:                   All right.
  13             Off the record at 1:48 p.m. Eastern
  14             Standard Time.
  15                     (Recess)
  16                     THE VIDEOGRAPHER:                   Back on the
  17             record at 2:05 p.m. Eastern Standard
  18             Time.
  19      BY MS. YOUNG:
  20             Q.      Mr. Nguyen, I don't have any
  21      further questions for you.                     Thank you very
  22      much for your time today, and I hope you
  23      enjoy the rest of your afternoon.
  24             A.      Thank you.          You too.
  25                     MS. YOUNG:          Thanks, Phillip.

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                                                                    Page 154

   1                    NGUYEN - CONFIDENTIAL
   2             Thanks, everybody.              Thanks, Sharon.
   3                    THE VIDEOGRAPHER:                    I take it
   4             that we're concluded, and I will take
   5             us off the record at 2:05 p.m. Eastern
   6             Standard Time.
   7                    (TIME NOTED:             2:05 p.m.)
   8
   9
  10      ________________________
  11      DOI NGUYEN
  12
  13      Subscribed and sworn to
  14      before me this _________
  15      day of ________________, 2023.
  16
  17      _______________________
  18           Notary Public
  19
  20
  21
  22
  23
  24
  25

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