Cambridge University Press et al v. Patton et al

Filing 322

DEPOSITION of Carrie Packwood Freeman taken on April 21, 2011 by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit Palmour 37 (Previously Marked), # 5 Exhibit Dixon 2 (Previously Marked))(Rains, John)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CAMBRIDGE UNIVERSITY PRESS, et al., Plaintiffs, vs. MARK P. BECKER, in his official capacity as Georgia State University President, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action File No. 1:08-CV-1425-ODE - - Videotaped deposition of CARRIE PACKWOOD FREEMAN, taken on behalf of the plaintiffs, pursuant to the stipulations contained herein, before Teresa Bishop, RPR, RMR, CCR No. B-307, at 1180 Peachtree Street, 16th Floor, Atlanta, Georgia, on Thursday, April 21, 2011, commencing at the hour of 3:28 p.m. _______________________________________________________ Shugart & Bishop Certified Court Reporters Suite 140 13 Corporate Square Atlanta, Georgia 30329 (770) 955-5252 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN 1 APRIL 21, 2011 I N D E X 2 Examinations Page 3 4 EXAMINATION BY MR. LARSON 4 5 6 7 E X H I B I T S 8 9 No. Description Page 10 11 1 syllabus from fall 2009 for media 12 13 ethics class 2 class schedule listing from the 14 15 16 GoSolar system 3 fair use checklist for the 16 17 16 27 Bugeja excerpt 37* online electronic reserves 18 29 request form 19 20 21 Dixon Exhibit 2 GSU copyright policy 13 22 23 24 * exhibit from previous deposition 25 SHUGART & BISHOP Page 2 CAMBRIDGE vs. BECKER 1 CARRIE PACKWOOD FREEMAN APRIL 21, 2011 APPEARANCES OF COUNSEL: 2 3 FOR THE PLAINTIFFS: 4 5 6 7 8 TODD D. LARSON ATTORNEY AT LAW WEIL GOTSHAL & MANGES 767 FIFTH AVENUE NEW YORK, NY 10153-0119 212.310.8238 TODD.LARSON@WEIL.COM 9 10 FOR THE DEFENDANTS: 11 12 13 14 15 KATRINA M. QUICKER ATTORNEY AT LAW BALLARD SPAHR LLP SUITE 1000 999 PEACHTREE STREET ATLANTA, GA. 30309-3915 678.420.9300 QUICKERK@BALLARDSPARH.COM 16 17 ALSO PRESENT: 18 19 LIZ KEMP, VIDEOGRAPHER 20 21 - - - 22 (Disclosure was made pursuant to O.C.G.A. Annotated 9-11-28 23 (c) and (d) and 15-14-37 (a), (b) and (c).) 24 - - - 25 SHUGART & BISHOP Page 3 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN THE VIDEOGRAPHER: 1 APRIL 21, 2011 We're on the video 2 record. This is the beginning of tape 3 number 1. 4 the videotaped deposition of Carrie Freeman 5 in the case of Cambridge University Press 6 et al versus Becker et al. The time is 3:28 p.m. This is Madam Court Reporter, would you please 7 swear the witness. 8 CARRIE FREEMAN, 9 10 having been first duly sworn, was examined and testified as 11 follows: EXAMINATION 12 13 14 BY MR. LARSON: Q. Professor Freeman, if you would start by 15 stating your full name for the record and providing your 16 address? 17 A. My personal address? 18 Q. Yes. 19 A. Yes. 20 21 Carrie Lynn Packwood Freeman. And I'm at 1023 Washita Avenue, Atlanta, Georgia, 30307. Q. 22 record. 23 My name is Todd Larson. We met off the action. Have you been deposed before? 24 25 I'm here representing the plaintiffs in this A. No. SHUGART & BISHOP Page 4 CAMBRIDGE vs. BECKER 1 Q. Okay. CARRIE PACKWOOD FREEMAN APRIL 21, 2011 I'm sure your counsel told you how this 2 will go, but let me give you a few guidelines if I 3 could. I'll ask you some questions, and I'd ask that 4 5 you answer verbally as opposed to nods which don't show 6 up on the transcript. 7 A. Okay. 8 Q. Let me finish my questions before you answer, 9 just again so we have a clean transcript. I will try 10 not to cut you off as well. If I ask a question that's 11 unclear in some way or that you don't understand, feel 12 free to tell me that and I'll try to rephrase it in a 13 way that makes it more clear. If you need a break, let me know. 14 We should 15 be pretty quick today and I think the tape -- well, the 16 tape may end at an hour to give us a natural break, 17 anyway, but if you want to break before that, feel free. Your counsel may make objections during the 18 19 course of the deposition. 20 what happens. 21 you can go ahead and answer the question. Unless she instructs you not to answer, And that's it. 22 That's sort of typical of Do you have any questions? 23 A. I don't -- no. 24 Q. Just to start, tell me what you did, if 25 anything, to prepare for today's deposition? SHUGART & BISHOP Page 5 CAMBRIDGE vs. BECKER 1 A. CARRIE PACKWOOD FREEMAN APRIL 21, 2011 Not much because this is the last day of class 2 and so I'm really busy right now, and so I just met with 3 Katrina for the first time yesterday. 4 lot because my mind has been on finishing up my classes 5 in a positive way. So not a whole 6 Q. 7 today? 8 A. Did I review documents, no. 9 Q. So you didn't take a look back at your 10 11 Did you review documents in preparation for checklists, fair use checklists, for example? A. Well, I met with Katrina yesterday and that 12 was the only time we talked about it. 13 of my meeting with her have I gone and done any extra 14 research, if that's what you mean. 15 Q. Right. But not outside And even if -- I don't need you to 16 tell me what you two discussed, that's privileged. But 17 prior to today's deposition, did you take a look back at 18 your fair use checklists? 19 A. We looked at the fair use checklist yesterday. 20 Q. Okay. 21 22 23 24 25 And did you look at the GSU copyright policy? A. I don't think so, not if it's separate from the checklist. Q. Okay. Have you looked at any transcripts of any prior depositions from the case? SHUGART & BISHOP Page 6 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN 1 A. No. 2 Q. Okay. APRIL 21, 2011 3 Have you spoken to any other folks from GSU who have been deposed? 4 A. No. 5 Q. Have you read any of the briefing or 6 submissions, the complaint in the case, anything like 7 that? 8 A. No. 9 Q. Okay. 10 Are you aware that the trial has been set in the case starting May 16th? 11 A. I am now. 12 Q. Are you aware at this point whether you'll be 13 14 15 16 attending the trial as a witness? A. I know that I need to be available, but I'm not sure if I'm going to be called. Q. Okay. And tell me about your availability, 17 let's say, between May 16th and June 16th, do you have 18 plans to be away for any length? 19 A. I think I should be here, because I do have a 20 trip planned that's prior to that, so I think it should 21 be okay. 22 23 Q. Okay. background. Just tell me generally about your What department are you in? 24 A. Communication. 25 Q. And how long have you been at Georgia State? SHUGART & BISHOP Page 7 CAMBRIDGE vs. BECKER 1 2 A. CARRIE PACKWOOD FREEMAN I'm finishing up my third year. APRIL 21, 2011 So I'm an assistant professor. 3 Q. 4 State? 5 A. Did you teach somewhere else prior to Georgia I just got my doctorate in the fall of 2008 at 6 the University of Oregon, where I got this fine cup that 7 everyone heard earlier. 8 Q. So this was your first job out from Oregon? 9 A. Uh-huh. 10 Q. And was your doctorate in communications? 11 A. Yes. 12 Q. Have you ever had any law classes? 13 A. I took a law class on environment conflict Yes. 14 resolution because environmental and animal rights 15 issues are my area of specialty. 16 technically in the law department, but really was a 17 conflict resolution class. 18 of Georgia. 19 Q. Have you had any formal copyright training? 20 A. No. 21 Q. Have you published? 22 A. Yes. But that was And that was at University In academic journals and in chapters in 23 books, edited books, and just, you know, letters to the 24 editor and things like that. 25 Q. Were any of the journals published by any of SHUGART & BISHOP Page 8 CAMBRIDGE vs. BECKER 1 2 CARRIE PACKWOOD FREEMAN APRIL 21, 2011 the plaintiffs in this action that you're aware of? A. I had published in Sage. They had a green 3 food encyclopedia on environmentalism and food and I did 4 several entries for them in an online encyclopedia. 5 think that's the only Sage or -- is it Oxford and 6 Cambridge? 7 Q. Yes. 8 A. Yeah, I don't think I have. 9 for the books I haven't. I Although I know But it's possible -- a lot of 10 times the academic journals are like Taylor & Francis, 11 but I don't know sometimes who the publishers of those 12 academic journals are. But I don't think so. 13 Q. Okay. When was the Sage experience? 14 A. That was recent. 15 this last summer. 16 I think it just came out And it's online, it's not a print copy. 17 Q. Who did you deal with at Sage? 18 A. I don't remember because it came out now, but 19 we worked on it maybe a year or so ago. 20 a longer time. 21 over e-mail. 22 Q. It was kind of And I never saw anybody, it was just And do you know whether it was actually a Sage 23 employee or was there sort of a separate editor of the 24 volume? 25 A. There were editors to the volume. I probably SHUGART & BISHOP Page 9 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN APRIL 21, 2011 1 was speaking with a Sage employee, but actually I don't 2 know. 3 Q. Did you have a contract for that work? 4 A. I think I did. What they ended up doing was 5 giving me credit. 6 gotten paid of sorts. 7 something to put towards buying their own books. 8 $100 credit or something. 9 10 11 Q. That was one of the only times I've Like I think I got a $100 or Like a I don't expect you to give me a long list, but approximately how many book chapters have you published? A. I have one in "Food For Thought", one in this 12 "Arguments About Animal Ethics" book, I have two that 13 are supposed to come out and a potential third, but they 14 haven't come out yet. 15 are in print right now. 16 17 18 Q. So potentially five, but two that And do you recall for those, did you have contracts with the publisher for those chapters? A. I probably did have to fax in something, yes. 19 Once it's determined -- you know, I work mostly with my 20 editor of -- because they're always edited collections 21 and then so I don't really work with the publisher, the 22 editor works with the publisher, but there's usually at 23 some point in the process when they know you're on board 24 and you're going to have a chapter in the book that the 25 process is formalized and you sign something and fax it SHUGART & BISHOP Page 10 CAMBRIDGE vs. BECKER 1 2 3 CARRIE PACKWOOD FREEMAN APRIL 21, 2011 in. Q. And do you recall -- I mean, is it a contract or some kind of an agreements? 4 A. It probably is a copyright agreement of some 5 kind, yes. 6 Q. And do you remember for those chapters, did 7 you assign your copyright in the chapter over to the 8 publishers or to the editor? 9 A. That's probably what is happening. Because I 10 know I can't just share those chapters with anyone who 11 asks or make copies for my friends and things like that. 12 Not that anyone is asking. But -- 13 Q. Were you paid for those book chapters? 14 A. No. 15 16 The only thing I was really paid for was that one Sage online encyclopedia. Q. And I guess apart from payment then, are there 17 other benefits to you career wise of doing these 18 chapters? 19 A. 20 free book. 21 requirements for my job. 22 fulfillment to me to have my work validated in that way 23 and to be able to share these ideas with people. Sometimes you get a copy book. You get one And it certainly is part of my research And there's personal 24 Q. Are you up for tenure at some point? 25 A. Yeah. I probably have two or three more years SHUGART & BISHOP Page 11 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN 1 before that. 2 APRIL 21, 2011 file like halfway through the process. 3 4 Q. So I just finished my pre-tenure review And is it important, to your understanding, that you have published as part of your tenure process? 5 A. Yes. 6 Q. Okay. And in your field, is that journal 7 articles or is there an expectation that you'll publish 8 a book or how does that work? 9 A. Well, journal articles are very well 10 respected, and so I have quite a few of those. 11 I have the book chapters. 12 dissertation published as a book. 13 And then that this summer. But I am trying to get my And so I'm working on But it's not -- it's not -- I think in my 14 15 field it's not as required as if I was an English 16 professor or some other field. 17 would be nice. 18 you have your own book. 19 20 21 Q. But it's always -- it So but that's a major accomplishment if Do you have a publisher yet for the dissertation? A. Well, Redobe Press, which an academic press in 22 Europe, they have a critical animal studies series and 23 they are reviewing it right now after -- it's kind of in 24 a third review process, so it's looking promising, so I 25 don't know. SHUGART & BISHOP Page 12 CAMBRIDGE vs. BECKER Q. 1 2 APRIL 21, 2011 Let me show you what has previously been marked as Dixon 2. This is probably your 10th copy. MS. QUICKER: 3 4 CARRIE PACKWOOD FREEMAN It is. BY MR. LARSON: 5 Q. Do you recognize Exhibit 2, Dixon 2? 6 A. Well, in particular the fair use checklist, Q. And the checklist is what appears at page 7 of 10 A. Yes, 7 and 8. 11 Q. Take a look back -- looking at page 1. 7 yes. 8 9 19? Apart 12 from the checklist pages, which are 7 and 8, do you 13 recognize any of the other pages of the document? 14 A. I don't know that I do recall them. If I was 15 exposed to them it was probably during my orientation 16 because I know I received some information. 17 orientation would have been in fall of 2008. 18 19 20 Q. And my But sitting here now, you don't recall having seen -A. I can't -- yeah, I can't recall. There's so 21 many different policies that I've been exposed to 22 related to the university, but I know that -- I get the 23 impression from the university that copyright is 24 important and it's something to be vigilant about. 25 know it's important to the university and it gets talked So I SHUGART & BISHOP Page 13 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN APRIL 21, 2011 1 about a lot, so it's not like it's not an important 2 policy. 3 framed in my office or anything. 4 5 6 Q. So I really don't have a copy of this like When you say it gets talked about a lot, where do you mean it gets talked about? A. It's probably talked about a lot because of 7 this lawsuit. 8 sense that we're putting things on reserve at the 9 library or copyrights because I'm publishing and I have 10 that. 11 But it always gets talked about in the So I think it just kind of gets talked about in that sense. Or we know we just can't do anything we want, 12 13 that there's regulations about the way you use academic 14 works or any kind of published works. 15 that. 16 17 Q. I'm well aware of And was that something covered in your orientation? 18 A. I think that it was. 19 Q. Do you recall whether this document was shown 20 21 22 23 to you in your orientation? MS. QUICKER: Objection. Asked and answered. THE WITNESS: Yeah, I don't know if I've 24 seen the full document. 25 I haven't read it in a while if I was. SHUGART & BISHOP Page 14 CAMBRIDGE vs. BECKER 1 2 CARRIE PACKWOOD FREEMAN APRIL 21, 2011 BY MR. LARSON: Q. Apart from your orientation in fall 2008, have 3 you attended any other training sessions or orientation 4 related to GSU copyright policy? 5 A. I don't believe I have. 6 Q. You use the ERes system for readings, is that 7 right? 8 A. Sometimes, yeah. 9 Q. If you were contacted by the provost's office 10 and told that you had -- that a reading that you had 11 posted was in violation of copyright law, would you 12 remove that reading? 13 MS. QUICKER: Objection. 14 THE WITNESS: Am I supposed to answer this question? 15 16 Foundation. BY MR. LARSON: 17 Q. Yeah. 18 A. That would seem unusual for them to get 19 involved. 20 would remove it and then ask, you know, why was it 21 because I would want to know so I would make sure that 22 the next time I posted something it was done 23 appropriately, so I'd want to learn from that 24 experience. 25 Q. They don't usually get involved. I probably But -- And would the answer be the same if that SHUGART & BISHOP Page 15 CAMBRIDGE vs. BECKER 1 CARRIE PACKWOOD FREEMAN APRIL 21, 2011 contact came from the president's office? 2 MS. QUICKER: Objection. Foundation. 3 THE WITNESS: Well, I'm sure. If it 4 came from my boss it would be -- you know, 5 I would take it seriously. 6 BY MR. LARSON: 7 Q. Who is your boss? 8 A. David Cheshire. 9 10 He's the department chair of communication. Q. Let me show you what I've marked as Freeman 1. 11 It's getting late in the day when I've lost count of the 12 exhibits and we're at Number 1. Do you recognize Freeman 1? 13 14 15 A. Yeah, apparently it's my syllabus from fall 2009 for my media ethics class. 16 Q. And that's journalism 4800? 17 A. Uh-huh. 18 Q. And let me just show you also what I've marked 19 as Freeman 2. And I will represent to you this is a 20 printout that we made from the publicly, you know, 21 accessible portions of the GSU web site, the GoSolar 22 system. Are you familiar with the GoSolar system? 23 24 A. Yes. 25 Q. You use it on occasion? SHUGART & BISHOP Page 16 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN APRIL 21, 2011 1 A. Yes. We have to post our grades there, yes. 2 Q. So this, we made a printout of your course 3 list I think from the fall semester of 2009. You'll see 4 down at the bottom it indicates journalism 4800 taught 5 during that semester. Is that right? 6 A. Yeah, it has the same CRN number 83268. 7 Q. Okay. And if I'm reading this right, it says 8 that there was a cap of 25 students and an actual 9 enrollment of 19. Is that approximately -- 10 11 A. Yeah, it didn't fill up. 12 Q. But that 19 is, to the best of your 13 14 recollection, is accurate? A. Yeah. Some people end up dropping out because 15 there's a long paper and it scares people. 16 number gets progressively smaller. 17 Q. I noticed that, 25 pages is it? 18 A. Yes, it is. 19 Q. Okay. And so the Let's look back at Exhibit 1, the syllabus, if 20 21 You can set that one aside. we could starting in the section identified as text. 22 A. Yeah. 23 Q. There's a book there by Louis Day. 24 25 Was that a text required for purchase in the course? A. Yes. SHUGART & BISHOP Page 17 CAMBRIDGE vs. BECKER 1 Q. CARRIE PACKWOOD FREEMAN APRIL 21, 2011 The next line says other readings and all 2 assignments be posted on ULearn, check it often. 3 Did you in this course post readings on 4 ULearn? 5 A. Yes. 6 Q. What was the nature of those readings? 7 A. They would relate to whatever we were going 8 over each week. Sometimes they might be a link to a web 9 site that has relevant information, or sometimes -- I 10 mean occasionally they are related to the EReserve 11 system, a more formal like academic reading as opposed 12 to a link to a web site or something like that. 13 just depends. So it And in general I just want them to check 14 15 ULearn because I don't want them to just say, oh, I have 16 the textbook, I'm going to look at the syllabus and just 17 read that one chapter that it says there, because 18 there's homework and there's other things they need to 19 be thinking about that are more detailed that I put 20 online instead of in the syllabus. So lots of places in here I'm saying check 21 22 syllabus because this is not -- it doesn't encompass all 23 my class. 24 Q. 25 I see. So are there -- were there in this course reading assignments that the students had other SHUGART & BISHOP Page 18 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN APRIL 21, 2011 1 than those listed on the course schedule which starts on 2 page 7? 3 A. There probably were, because I think what you 4 see here -- these are the main readings, because they 5 take up the most time. 6 textbook. Let's see. 7 They're chapters in Louis Day's Yeah, I can't really remember -- 8 because there would be homework assignments, too, 9 related, but mostly to these chapters. But sometimes 10 I'll have them look at other things as well. 11 bulk of the readings are here, but not everything. 12 13 Q. Okay. But the And some of those would have been on ULearn then, the things that aren't on here? 14 A. Yeah, yeah. 15 Q. I think you used the phrase before sometimes 16 17 18 what you placed on ULearn was a more formal -A. MS. QUICKER: Make sure he gets a chance to complete his question. 20 MR. LARSON: Thank you. 21 23 I'm not sure what you're -- 19 22 More detailed is probably what I meant. BY MR. LARSON: Q. And I just wanted to understand. I was 24 attempting to recall what you had said before. But I 25 think you said sometimes the ULearn material might be a SHUGART & BISHOP Page 19 CAMBRIDGE vs. BECKER 1 CARRIE PACKWOOD FREEMAN APRIL 21, 2011 link to a web site? 2 A. Yeah. 3 Q. And then sometimes it might be a reading 4 5 6 7 excerpt of some kind, an actual file, is that right? A. Yeah, it could be telling them to go to the library EReserves because that's where the article is. Q. And that's my question. Did you ever actually 8 on ULearn post articles themselves, you know, a PDF copy 9 of an article or something like that? 10 MS. QUICKER: Objection. 11 THE WITNESS: Am I supposed to answer 12 that? 13 Compound. BY MR. LARSON: 14 Q. Yeah. 15 A. Okay. 16 Q. And in this class do you recall doing that? 17 A. I don't remember in this class. I probably have, yes. But I've been 18 made aware because of this lawsuit, I have refreshed my 19 memory I did have that one EReserve reading from the 20 Bugeja book. 21 But yeah, this was the first time that I had 22 taught this class in this particular format, and I've 23 taught it three times since then including just 24 finishing up today, so it's kind of hard for me to 25 distinguish between each of the times because I'll kind SHUGART & BISHOP Page 20 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN APRIL 21, 2011 1 of add some readings or take things away. But generally 2 I can't really give them too many readings because they 3 have to spend so much time on their paper that they 4 don't -- 5 I have trouble getting them to read the 6 textbook so it almost becomes a -- I don't want to say a 7 waste of my time, but I can suggest things to them, but 8 I can't really overwhelm them. 9 overwhelming enough, apparently. 10 Q. The textbook seems And in those instances where you do have a 11 reading other than the textbook, how have you decided 12 whether to put that on the EReserve system or to use 13 ULearn? 14 A. If I -- well, it's like sometimes you can put 15 the whole book on reserve at the library. But if I 16 think -- if I want everyone to read a certain chapter I 17 can't have 25 people or 19 or 15 or however many walk 18 over to the library and try to share that one book or 19 whatever. So if there's just one chapter, then it would 20 21 go to EReserve. And it's usually two, because they will 22 scan it. 23 on PDF, so the library does that work for you. 24 you either give them the book or they find the book and 25 you tell them what you want and then it also has the I don't know how to scan things and put them They -- SHUGART & BISHOP Page 21 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN APRIL 21, 2011 1 fair use checklist and the whole thing. 2 process that you go through, it's a little time 3 consuming. 6 7 8 But then they scan it and put it on there. So it's really more of a convenience for my 4 5 There's a whole students to be able to access that. Q. Uh-huh. And when, in what situation would you use ULearn instead, if you have, for a reading excerpt? A. Yeah, I feel comfortable posting my own 9 articles because I feel like that's part of my copyright 10 agreement when I publish with a publisher that I can put 11 my own authored things on my web site. But I like our 12 library system, so I utilize it a lot. And so it's a 13 useful resource for me, and so -- 14 Q. Now, you said if it's only one chapter, why is 15 it that you can't use hard copy reserve? 16 said you can't have the whole class going over and -- 17 A. You know, you Well, you can keep a book there, but if it's a 18 required reading for a homework assignment, like people 19 would be checking out the book in increments of two 20 hours. 21 increments of two hours or like one day or three day 22 check-out period, and so if you assigned everybody that 23 you had to read something but then they had to go to the 24 library and share this one book, it would be too 25 logistically difficult for them to do that. If everyone had to share the book in like SHUGART & BISHOP Page 22 CAMBRIDGE vs. BECKER 1 2 Q. CARRIE PACKWOOD FREEMAN APRIL 21, 2011 And does using ERes somehow overcome that logistical difficulty? 3 A. Definitely. 4 Q. How so? 5 A. Well, because everybody can access that one 6 required chapter or whatever pages it is at their own 7 convenience without kind of going to the library to find 8 that your classmate is sitting there using it and you 9 have to come back. Our students are very busy. 10 Most of them work 11 part or full time and take too many classes or a lot of 12 classes, and their time is very tight, anyway, so you 13 need to make things convenient for them. 14 15 16 Q. access the reading simultaneously rather than -A. 21 22 23 Foundation. Make sure he finishes his question, too. 18 20 Yeah, I think so. MS. QUICKER: Objection. 17 19 And on ERes, do you know, are they able to BY MR. LARSON: Q. So if you know. MS. QUICKER: Objection. Foundation again. THE WITNESS: I imagine they could pull 24 it up simultaneously, that that's not a 25 problem. SHUGART & BISHOP Page 23 CAMBRIDGE vs. BECKER 1 CARRIE PACKWOOD FREEMAN APRIL 21, 2011 BY MR. LARSON: 2 Q. Have you ever considered using -- well, let me 3 step back. Are you aware of what a coursepack is? 4 5 A. I used to have them when I was a student. 6 Q. Have you ever considered using coursepacks for 7 8 9 10 11 12 your courses at Georgia State? A. I haven't really. I prefer not to put things on paper as much as possible as an environmentalist. Q. Any other reasons other than the environmental concern? A. It's probably a lot of work for the professor 13 to organize all of those things and get them all 14 collected in that one -- I don't know, I hadn't 15 really -- I'm usually fine with the textbook and then 16 kind of supplementing as needed, but making the textbook 17 the main thing at the undergraduate level that they 18 would read. So I don't really know how the process works. 19 20 I've never looked into it since I've been a professor as 21 far as doing a coursepack. 22 a lot of them and they were on paper and they would be 23 like this thick. 24 25 Q. Okay. As a graduate student I used But I hadn't considered it. If you could look back at your syllabus, please. And if you could turn to page 8 and SHUGART & BISHOP Page 24 CAMBRIDGE vs. BECKER 1 CARRIE PACKWOOD FREEMAN APRIL 21, 2011 look at week 16. 2 A. Uh-huh. 3 Q. There's a reading listed there from -- and I 4 don't know how to pronounce it. 5 A. I don't either. 6 Q. Bugeja we'll say, chapter 10 and says ERes? 7 A. Uh-huh. 8 Q. Was that a -- does that indicate a reading 9 that you placed on the EReserve system? 10 A. It does. 11 Q. And it was a full chapter from a book by 12 13 14 someone named Bugeja? A. It actually was not a full chapter. It was a subsection of that book. 15 Q. Uh-huh. 16 A. It's possible I put chapter 10 because that 17 may be the way that it was listed by the library system. 18 They sometimes will label it and so the way it shows up 19 in the system, I need to, anyway, clarify what it is. 20 But it's not the whole chapter, I don't believe. 21 Q. Okay. Was that a required reading? 22 A. Yes, but they don't really get tested on it. 23 So even though this says final exam, it's a reflective 24 open ended 13 page open book kind of thing. 25 it if they use class text, but they're not tested on So I like SHUGART & BISHOP Page 25 CAMBRIDGE vs. BECKER 1 that. 2 it. CARRIE PACKWOOD FREEMAN APRIL 21, 2011 So -- but I would have liked them to have read That's why I put it there. 3 Q. Was it discussed in class? 4 A. No. 5 Q. Are the other readings in the prior weeks 6 7 discussed in class? A. They usually are or they might be. It 8 depends. Sometimes I use the homework as a way to 9 supplement what I don't have time for in class. And so 10 they can read something, respond to it in homework and I 11 respond to them outside of class, and then they do 12 something else inside of class during the class time, 13 because the class time is precious. 14 not discuss the homework in class. 15 Q. And just to be clear. So we may or may So this reading, 16 though, was placed on EReserves and used in the class, 17 the Bugeja? 18 MS. QUICKER: Objection. 19 THE WITNESS: Yes, it was -- it was 20 accessible to them, and I have it here as 21 something they should read to prepare 22 themselves to do the final exam. 23 is the last reading they could have done. 24 25 Compound. So this BY MR. LARSON: Q. This is Freeman Exhibit 3. Do you recognize SHUGART & BISHOP Page 26 CAMBRIDGE vs. BECKER 1 CARRIE PACKWOOD FREEMAN APRIL 21, 2011 this document? 2 A. Yes. 3 Q. And what is this? 4 A. This is the fair use checklist for the 5 6 7 8 9 readings that we're discussing related to ERes. Q. And this is the checklist for the Bugeja excerpt that we were just looking at on the syllabus? A. here. 10 Q. 11 Yes. Although there's two different excerpts There's two different page ranges. Let's look back at the syllabus just so I'm clear. For week 16 on the syllabus it says Bugeja 12 13 book chapter 10. Does that -- is there a page range on 14 Exhibit 3 that is from chapter 10? 15 A. It's page range 299 to 305. 16 Q. Okay. 17 116 do 121. And the checklist indicates also pages Do you see that? 18 A. Yes. 19 Q. Are those on the syllabus somewhere? 20 A. It's not written on the syllabus. 21 22 23 24 25 It's not written on the syllabus. Q. And was that assigned in some other way other than the syllabus? A. well. Yeah, I think I asked them to read that as And from looking at it yesterday, it seemed to SHUGART & BISHOP Page 27 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN APRIL 21, 2011 1 relate to photography and so I think it would have been 2 in the week where we talked about like -- maybe week 7 3 or 8 where we're talking about privacy and 4 confidentiality. 5 fallen as a supplemental reading. That's where I think it would have 6 Q. And what do you mean by supplemental? 7 A. Meaning in addition to the chapters that they 8 have to read. 9 any of the chapters, really, but it's something I 10 11 12 Again, even though they're not tested on provide to them as extra context. Q. And so when did you complete this checklist that we see here in Exhibit 3? 13 A. Well, the date on this is November 17th, 2010. 14 Q. Okay. 15 A. This paper copy, yes. 16 Q. And during the -- at the time that you That's when you completed it? 17 submitted your request to the library to have these 18 excerpts placed on the EReserve system, did you complete 19 a checklist? 20 A. Yeah, but not on paper. It's -- it comes up 21 electronically as part of the process the professor goes 22 through. 23 the checklist, is this fair use before you continue and 24 give them the details. 25 You know, it asks you, have you thought about Like I told you, I tend not to print things SHUGART & BISHOP Page 28 CAMBRIDGE vs. BECKER 1 2 CARRIE PACKWOOD FREEMAN APRIL 21, 2011 out that often. Q. So when you say it comes up electronically, 3 was it something that actually looks like this that came 4 up electronically? 5 A. I don't know that it has all these details on 6 it, but you can access that. 7 additional click. What I think is on there is more where you 8 9 I think you have to do an have to check yes I have reviewed the checklist and yes 10 I deem that this is fair use. 11 comes up looking like this with these boxes and all that 12 on the first page. 13 and seen that. 14 Q. Yeah. But I don't think it You've probably gone in the system Let me give you what's been marked 15 previously as Plaintiff's Exhibit 37. And let me ask, 16 is this what you're talking about, the screens that 17 you -- 18 A. Yeah. 19 Q. And I direct your attention specifically to -- 20 I guess it's about the ninth page of the exhibit 21 headlined electronic reserves request form, electronic 22 book. 23 A. What page are you on? 24 Q. Three from the back. 25 MS. QUICKER: Is that 3185 Bates range, SHUGART & BISHOP Page 29 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN APRIL 21, 2011 is that what we're talking about? 1 MR. LARSON: 2 I think it's 31385 3 although it's a little cut off so -- yes, 4 yeah, because the next one is 31386. THE WITNESS: It's after electronic 5 article and before electronic notes? 6 7 8 BY MR. LARSON: Q. That's correct. Yeah. Is this -- You'll see there, it's a little hard to read, 9 10 but in the middle section there's a sort of check box 11 that says it falls under fair use according to the fair 12 use checklist I completed? 13 A. Yeah, I think they've changed -- yes, I think 14 they've changed the format where now it comes up before 15 you get to this page, because I'm kind of remembering 16 what it does recently. But yes, this is generally the format. 17 But I 18 think the fair use checklist now comes at an earlier 19 stage. 20 Q. But yeah. So at the time when you submitted your request 21 back in 2009 for the Bugeja excerpt, did you actually 22 click or view the checklist itself? 23 A. I don't remember if I did that for this 24 particular book. It's possible, and I don't remember, I 25 might -- I had another class at the time, a media theory SHUGART & BISHOP Page 30 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN APRIL 21, 2011 1 class, it's possible that I had something else that I 2 was also putting on EReserve and you might look at the 3 checklist once to refresh your memory and then think 4 about the multiple things you're working with and making 5 sure they're in compliance before you move forward, so I 6 don't recall. 7 Q. Okay. And so I take it then you don't recall 8 at the time at least going through each specific 9 subfactor that we see on Exhibit 3 to determine whether 10 or not it applied to the Bugeja excerpt? MS. QUICKER: Objection. 11 Asked and answered. 12 13 THE WITNESS: I don't recall clicking on 14 that link and looking at that in context of 15 this particular book. 16 BY MR. LARSON: 17 Q. Okay. 18 A. But I may have done that. 19 20 But I just don't remember because it's been a couple years. Q. Understood. And so on November 17th, the date 21 on Exhibit 3, when you completed the checklist or worked 22 through it, what were you doing then when you did it? 23 A. I think I had received an e-mail from our 24 legal department that was asking about this probably in 25 context of this case, and so wanting us to kind of go SHUGART & BISHOP Page 31 CAMBRIDGE vs. BECKER 1 4 APRIL 21, 2011 back and have a paper record of things. So that's why I did it in November 17th, 2010. 2 3 CARRIE PACKWOOD FREEMAN Normally you would never obviously go back. Q. And so in what we see in Exhibit 3 then is 5 your analysis of the checklist that you did on November 6 17th? 7 A. Yes, right. 8 Q. And just to be clear, it's not you attempting 9 10 11 to remember what you specifically did back in 2009 when you used the work, correct? A. I probably have similar evaluation skills, so 12 it's probably similar. But it also, it's me looking at 13 it in November 17th, 2010 according to the checklist and 14 saying, okay, these were the pages I used, you know, do 15 I think they're in compliance and in what way, what's my 16 rationale for that. So -- 17 Q. What's your rationale on November 17th, 2010? 18 A. Yes. 19 And I hope it would be similar to my thinking back a year prior. 20 Q. But you're not sure? 21 A. Yeah, I don't know. 22 Q. Is this the only checklist that you filled out 23 in last November? 24 A. I can't remember if they gave me another one. 25 Q. And when you -- in your current use of the SHUGART & BISHOP Page 32 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN APRIL 21, 2011 1 system, do you fill out checklists for works that you 2 place on the EReserve system? A. 3 Again, I don't -- if they had it where it 4 would be done electronically, that would probably be a 5 good idea because then if you could store them that way, 6 I would like that. But I don't -- I don't print them out for each 7 8 thing that I put on. But it is something that I'm aware 9 of really even before I get to the library, the point 10 where I get to start typing in on that page. 11 you're reviewing works you're kind of conscious about 12 whether or not it's appropriate or how much you're 13 putting on and what parts of it or do you need it at 14 all. 15 even get to this library page about whether it's 16 appropriate. And all of that kind of comes to bear before you Q. 17 Whenever And I just want to understand your practice 18 now. 19 do you walk through even if you don't actually print it 20 out or write it down, do you walk through each factor to 21 see whether it applies? 22 Do you for each work that you place on EReserves, A. I probably would do it in the beginning of the 23 year at the semester beginning when I'm posting a lot of 24 the stuff, but not necessarily to -- I wouldn't 25 necessarily sit there and look at this for each book and SHUGART & BISHOP Page 33 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN APRIL 21, 2011 1 then take the other book and go -- just because I 2 wouldn't be that detailed about it. 3 that I shouldn't be using too much of the book and I 4 need to be conscious about being fair about what I put 5 online, certainly in my mind at all times. 6 Q. But I am very aware And just so I understand how it works. 7 There's a link, when you're going through the process of 8 making the request to the library, that's done 9 electronically, correct? 10 A. Yes. 11 Q. And there's a series of screens that look 12 something like what is on Plaintiff's Exhibit 37? 13 A. Yes. 14 Q. Although maybe not exactly any more? 15 A. Right. 16 Q. And as part of that there's a link where you 17 can actually look specifically at a fair use checklist 18 that looks like Exhibit 3? 19 A. question. 21 MR. LARSON: 22 24 25 Yes. MS. QUICKER: Make sure he finishes his 20 23 Yes. Thank you. BY MR. LARSON: Q. And that's something you actually have to click and it gets sort of called up separately on your SHUGART & BISHOP Page 34 CAMBRIDGE vs. BECKER 1 CARRIE PACKWOOD FREEMAN APRIL 21, 2011 screen? 2 A. Yes. 3 Q. And that, what you see then is not 4 interactive, you can't sort of check the boxes, 5 literally check them on your computer? 6 7 8 9 A. I don't know that I've tried to actually type on it, so I don't know if it's interactive or not. Q. Looking at Exhibit 3, how did you actually create this? 10 A. I don't know if they sent me a PDF or 11 something. 12 that I had trouble typing on, and so they had to send 13 something else or whatever. I remember initially they sent something I mean, I could see the other one but I just 14 15 couldn't get my information typed on it neatly. 16 remember there was a little bit of an issue there. 17 But -- 18 Q. 19 20 So I Do you remember, did you copy and paste into a Word document or -A. I don't know if I did. I do remember there 21 was something about what they sent me that wasn't user 22 friendly and it took a couple extra steps for me to type 23 on it, and so that was inconvenient. 24 25 Q. Can you look back at Dixon 2 for me. It's the sort of thick policy document. SHUGART & BISHOP Page 35 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN 1 A. Yes. 2 Q. And turn to page 7. APRIL 21, 2011 So you'll see on page 7 3 the checklist there has -- you see sort of a series of 4 boxes? 5 A. Okay. 6 Q. And I'm just trying to understand Exhibit 3, 7 8 9 10 11 12 13 why it looks different and why the boxes aren't there. A. Yeah, so maybe you're saying you think maybe I copied and pasted it into Word and that's why it ended up in different format? Q. I don't know, I'm just trying to understand how it happened and how Exhibit 3 was created. A. I don't know, either. It's possible -- it's 14 possible I could have copied and pasted it into Word. 15 guess I was just trying to get it to work so that I 16 I could send it back to them. So that's why I guess I typed underneath 17 18 instead of putting -- if you see my writing like yes to 19 all but -- 20 Q. That's -- you entered that in some way? 21 A. Yeah, because I guess I couldn't check the 22 boxes just as a pragmatic thing, it wasn't letting me or 23 something. 24 Q. 25 And I see -- on the other side, on the right hand column, there's no indication of any kind that I SHUGART & BISHOP Page 36 CAMBRIDGE vs. BECKER 1 CARRIE PACKWOOD FREEMAN can see of your checks or analysis. APRIL 21, 2011 Is that right? 2 A. Right. 3 Q. And did you determine that any of those 4 5 That is true. factors applied, or what did you do? A. I know I would have looked at all of them. 6 But in hindsight, you're right, it would be good if I 7 had typed underneath all of them, too, and I didn't do 8 that. 9 Q. Okay. And looking at factor 2 on the second 10 page, same thing, where it says yes to all here in 11 factor 2, is that your note? 12 A. Yes. I think I put my -- well, some of my 13 stuff is written in italics. 14 stuff in italics, so it doesn't matter. 15 16 17 Q. But I also see some other Just so I understand. You're saying all three of those subfactors applied there under factor 2? A. Yes to all herein factor 2. That seems like 18 very legal language for me. 19 or nonfiction. 20 applied to the readings from that book. 21 Q. Okay. But published work factual Yes, so I felt that all those things You say it sounds kind of legal. Do 22 you recall actually writing those words there or was 23 that counsel? 24 25 A. I wouldn't use the word herein in many conversations, so I'm not sure. Like the other ones SHUGART & BISHOP Page 37 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN 1 seemed to say here. 2 APRIL 21, 2011 So I'm not sure why it's typed -- why it's phrased like that. But it was my attempt to say yes, those three 3 4 things in the factor 2 area apply to this particular 5 Bugeja book. 6 Q. And on the right hand column there under 7 factor 2 there's no indication of any kind that I can 8 see from you, is that right? 9 A. Right. 10 Q. And why not? 11 A. I seem to be -- yeah, I could have done the 12 opposite and said yes to these in the left hand and no 13 to these on the other side so -- but I didn't go in and 14 type -- maybe it's just I thought it was implied, but I 15 see that it would be better if I had typed something 16 there. 17 Q. But was your assumption that because the three 18 on the left all applied that none of the three on the 19 right applied? 20 21 22 23 24 25 A. Well, I know I would read them all, you'd read all of the things. Q. Okay. But you didn't -- you determined that none of the ones on the right hand side applied? A. Unpublished work, highly creative -- yeah, I don't think they apply to this case, to this particular SHUGART & BISHOP Page 38 CAMBRIDGE vs. BECKER 1 2 CARRIE PACKWOOD FREEMAN APRIL 21, 2011 book. Q. Looking at factor 3 down on the bottom, it 3 says yes to all here in factor three. 4 note? 5 A. Is that your Oh, now I know about the -- now I see about 6 the other one. There's just a space missing. 7 yes to all here in factor 2, not herein. 8 It says legal language, it just needed a space. So it's not 9 Q. I see. 10 A. So okay, so in factor 3 it says yes to all 11 12 here in factor 3. Q. That's indicating that you were -- you 13 determined that all of the entries there under factor 3 14 applied to the chapter? 15 A. Were relevant. Sorry. 16 Q. Yeah, okay. 17 A. That they were relevant, yes. 18 Q. And again, the lack of any comment in the 19 right hand column under factor 3 indicates that you 20 determine that had none of those applied? 21 A. Yes. 22 Q. And looking at factor 4, I see a note at the 23 bottom that says yes to factor 4 except one of few 24 copies made and no longer in print and licensing not 25 available. That's your note? SHUGART & BISHOP Page 39 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN APRIL 21, 2011 1 A. Yes, that's my note. 2 Q. And there's no note on the right hand side, is 3 that right? 4 A. Yes, there is no note on the right hand side. 5 Q. And that's because you determined that none of 6 7 those factors listed there applied? A. I mean, there's more in this one and so it is 8 possible that one might apply, but I didn't yet respond 9 to that particular area because I thought -A lot of these are somewhat opposite, I mean, 10 11 the two sides are opposite to each other, so if the 12 majority of one side applies, then it negates the other 13 side. 14 Q. Just ask a couple questions. Going back to factor 1. 15 You see there's an 16 entry on factor 1 for transformative. 17 understanding, not back in November but sitting here 18 now, what is your understanding of what that factor 19 means, transformative? 20 A. What's your I do think that is somewhat vague, and as a 21 user of this fair use checklist I would probably 22 appreciate that being clarified more because it could be 23 interpreted in multiple ways. 24 25 Does my use of this in class change the work for new utility or purpose. I'm not really sure I know SHUGART & BISHOP Page 40 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN APRIL 21, 2011 1 what that means. 2 that it didn't necessarily probably because I don't 3 really know what that means, to be honest. 4 Q. And that might be why I put -- I said Understood. Let's go back to factor 4 on the second page. 5 6 There are entries, well, starting on the left hand side, 7 the first one is no significant effect on the market or 8 potential market for the copyrighted item. 9 one on the right hand side that says significantly 10 impairs the market or the potential market for the 11 copyrighted work. And there's My question is, what do you understand the 12 13 market for the copyrighted work to be in the context of 14 this checklist? 15 A. Well, that would be different for each book. 16 It depends on what it is. So Bugeja's book is one about 17 media ethics, so it could really be used in any media 18 class. 19 well in journalism classes. 20 practitioners in media. It's primarily journalism focused so it fits It could also be used by So I would say that either someone who works 21 22 in media or who is studying media would utilize that 23 book. 24 25 Q. So those are the markets for that book. Okay. And when it says no significant effect on market or potential market for the copyrighted work, SHUGART & BISHOP Page 41 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN APRIL 21, 2011 1 is the -- well, just tell me what you understand that 2 factor to be, to be getting at? 3 A. I think what I would say is that it doesn't 4 mean -- like me putting this on reserve doesn't keep 5 students from going out and buying the book. 6 Q. Okay. So it's purchase of the book? 7 A. Or the idea that they were going -- I don't 8 have the idea that they were going to go buy this book 9 and now by me putting it on there, hey, I don't need 10 that book because I've got this chapter or whatever. 11 That if they liked what I put on, they would still say, 12 well, it's not very many pages, I do like this book, I 13 think I am going to go buy it. In reality a lot of students are not buying 14 15 books because they can't afford it. 16 think it's a significant effect on the market for this 17 book. 18 Q. But so I don't And just so I'm clear, your understanding of 19 the market as used here does not include license fees or 20 permissions fees for using the particular chapter or 21 excerpt as opposed to the whole book? 22 A. Yeah, I mean, with you bringing it up it 23 brings up a new perspective for me. But I think when I 24 see market I'm thinking in terms of someone buying the 25 whole book. I'm thinking old school, you know, that SHUGART & BISHOP Page 42 CAMBRIDGE vs. BECKER 1 CARRIE PACKWOOD FREEMAN APRIL 21, 2011 way. Q. 2 And looking over to the right it says 3 licensing or permission reasonably available. 4 You see about three lines down under factor 4? 5 A. Okay. 6 Q. What's your understanding of what that factor 7 means? 8 A. 9 I don't know. When I see permission available it would indicate maybe that you would write to the 10 author or the book publisher and ask permission to be 11 using part of the book or something like that. Q. 12 13 Are you aware of a company or agency called the Copyright Clearance Center? 14 A. No. 15 Q. Are you aware that publishers offering the 16 ability for professors to license, take licenses for 17 using excerpts of readings in courses? 18 A. No. 19 Q. When you filled this checklist out actually in 20 November, I take it you didn't determine that required 21 classroom reading applied under the weighs against fair 22 use? 23 A. Yeah, well, it's on my list, but I -- also the 24 concept of required reading also gives the impression 25 that it might be like the textbook, like the required SHUGART & BISHOP Page 43 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN APRIL 21, 2011 1 textbook that you have in its entirety. 2 also be read in terms of was this an optional reading 3 for the students that doesn't affect their grade or not. 4 And it's hard to say because I don't give tests in my 5 class. 6 But it could When I put something on and ask them to read 7 it, in my mind I think it's required. 8 that they necessarily think of it in that same way if I 9 don't test them on it. 10 MR. LARSON: I see. I don't think Let's go off the 11 record just for a minute and let me just 12 flip through my notes. 13 14 15 16 THE VIDEOGRAPHER: Off the video record at 4:21. (Brief recess.) THE VIDEOGRAPHER: We're back on the 17 record at 4:23. 18 MR. LARSON: I have no more questions. 19 MS. QUICKER: We have nothing further. 20 THE VIDEOGRAPHER: Going off the video 21 record at 4:24. 22 (Deposition concluded at 4:24 p.m.) 23 24 25 SHUGART & BISHOP Page 44 CAMBRIDGE vs. BECKER 1 CARRIE PACKWOOD FREEMAN E R R A T A APRIL 21, 2011 S H E E T 2 3 4 5 I, the undersigned, Carrie Freeman, do hereby certify that I have read the foregoing deposition and that, to the best of my knowledge, said deposition is true and accurate (with the exception of the following corrections listed below). 6 7 8 PAGE / LINE CORRECTION 9 ------/-------------------------------------------- 10 ------/-------------------------------------------- 11 ------/-------------------------------------------- 12 ------/-------------------------------------------- 13 ------/-------------------------------------------- 14 ------/-------------------------------------------- 15 ------/-------------------------------------------- 16 ------/-------------------------------------------- 17 ------/-------------------------------------------- 18 ------/-------------------------------------------- 19 ------/-------------------------------------------- 20 ---------------- ----------------------------- NOTARY PUBLIC SIGNATURE 21 22 DATE-------------23 MY COMMISSION EXPIRES: 24 25 SHUGART & BISHOP Page 45 CAMBRIDGE vs. BECKER 1 CARRIE PACKWOOD FREEMAN APRIL 21, 2011 C E R T I F I C A T E 2 3 G E O R G I A: 4 FULTON COUNTY: 5 I hereby certify that the foregoing 6 deposition was taken down, as stated in the 7 caption, and the questions and the answers 8 thereto were reduced to printing under 9 my direction; that the preceding pages 10 represent a true and correct transcript, to 11 the best of my ability, of the evidence given 12 by said witness upon said hearing. And I 13 further certify that I am not of kin or 14 counsel to the parties to the case; am not 15 in the regular employ of counsel for any 16 of said parties; nor am I in anywise 17 interested in the result of said case. 18 This, the 24th day of April, 2011. 19 20 21 22 -----------------------------Teresa Bishop, RPR, RMR CCR No. B-307 My commission expires 11-21-11. 23 24 25 SHUGART & BISHOP Page 46 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN APRIL 21, 2011 DISCLOSURE 1 2 3 STATE OF GEORGIA 4 COUNTY OF DEKALB 5 Deposition of Carrie Freeman 6 7 Pursuant to Article 10.B of the Rules and Regulations of the Board of court Reporting of the Judicial Council of Georgia, I make the following disclosure: 8 9 10 I am a Georgia Certified Court Reporter. representative of Shugart & Bishop. I am here as a I am not disqualified for a relationship of interest under the provisions of O.C.G.A. 9-11-28. 11 12 Shugart & Bishop was contacted by the offices of Bondurant Mixson & Elmore to provide court reporting services for this deposition. 13 14 Shugart & Bishop will not be taking this deposition under any contract that is prohibited by O.C.G.A. 15-14-37 (a) and (b). 15 16 17 18 19 Shugart & Bishop has no exclusive contract to provide reporting services with any party to the case, any counsel in the case, or any reporter or reporting agency from whom a referral might have been made to cover this deposition. Shugart & Bishop will charge its usual and customary rates to all parties in the case, and a financial discount will not be given to any party to this litigation. 20 21 22 Teresa Bishop RPR, RMR, CCR B-307 23 24 25 SHUGART & BISHOP Page 47 Page 1 CAMBRIDGE vs. BECKER A ability 43:16 46:11 able 11:23 22:5 23:14 academic 8:22 9:10 9:12 12:21 14:13 18:11 access 22:5 23:5,15 29:6 accessible 16:21 26:20 accomplishment 12:17 accurate 17:13 45:5 action 1:6 4:23 9:1 actual 17:8 20:4 add 21:1 addition 28:7 additional 29:7 address 4:16,17 affect 44:3 afford 42:15 agency 43:12 47:16 ago 9:19 agreement 11:4 22:10 agreements 11:3 ahead 5:21 al 1:4,9 4:6,6 analysis 32:5 37:1 animal 8:14 10:12 12:22 Annotated 3:22 answer 5:5,8,20,21 15:14,25 20:11 answered 14:22 31:12 answers 46:7 anybody 9:20 anyway 5:17 23:12 25:19 anywise 46:16 apart 11:16 13:11 15:2 apparently 16:14 21:9 APPEARANCES 3:1 appears 13:8 applied 31:10 37:4 37:16,20 38:18,19 38:23 39:14,20 40:6 43:21 applies 33:21 40:12 apply 38:4,25 40:8 CARRIE PACKWOOD FREEMAN appreciate 40:22 appropriate 33:12 33:16 appropriately 15:23 approximately 10:10 17:10 April 1:17 46:18 area 8:15 38:4 40:9 Arguments 10:12 article 20:6,9 30:6 47:6 articles 12:7,9 20:8 22:9 aside 17:19 asked 14:21 27:24 31:11 asking 11:12 31:24 asks 11:11 28:22 assign 11:7 assigned 22:22 27:22 assignment 22:18 assignments 18:2 18:25 19:8 assistant 8:2 assumption 38:17 Atlanta 1:2,17,24 3:14 4:20 attempt 38:3 attempting 19:24 32:8 attended 15:3 attending 7:13 attention 29:19 ATTORNEY 3:5 3:12 author 43:10 authored 22:11 availability 7:16 available 7:14 39:25 43:3,8 Avenue 3:6 4:20 aware 7:9,12 9:1 14:14 20:18 24:4 33:8 34:2 43:12 43:15 B b 2:7 3:23 47:14 back 6:9,17 13:11 17:20 23:9 24:3 24:24 27:10 29:24 30:21 32:1,3,9,19 35:24 36:16 40:15 40:17 41:5 44:16 background 7:23 BALLARD 3:12 Bates 29:25 bear 33:14 Becker 1:7 4:6 beginning 4:2 33:22 33:23 behalf 1:14 believe 15:5 25:20 benefits 11:17 best 17:12 45:4 46:11 better 38:15 Bishop 1:15,22 46:21 47:9,11,13 47:15,18,21 bit 35:16 board 10:23 47:7 Bondurant 47:12 book 10:10,12,24 11:13,19,20 12:8 12:11,12,18 17:23 20:20 21:15,18,24 21:24 22:17,19,20 22:24 25:11,14,24 27:13 29:22 30:24 31:15 33:25 34:1 34:3 37:20 38:5 39:1 41:15,16,23 41:23 42:5,6,8,10 42:12,17,21,25 43:10,11 books 8:23,23 9:9 10:7 42:15 boss 16:4,7 bottom 17:4 39:2 39:23 box 30:10 boxes 29:11 35:4 36:4,7,22 break 5:14,16,17 Brief 44:15 briefing 7:5 bringing 42:22 brings 42:23 Bugeja 2:16 20:20 25:6,12 26:17 27:6,12 30:21 31:10 38:5 Bugeja's 41:16 bulk 19:11 busy 6:2 23:10 buy 42:8,13 buying 10:7 42:5,14 42:24 B-307 1:16 46:21 SHUGART & BISHOP 47:22 C c 3:23,23 46:1,1 called 7:15 34:25 43:12 Cambridge 1:4 4:5 9:6 cap 17:8 capacity 1:8 caption 46:7 career 11:17 Carrie 1:13 4:4,9 4:19 45:3 47:5 case 4:5 6:25 7:6,10 31:25 38:25 46:14 46:17 47:16,16,18 CCR 1:16 46:21 47:22 Center 43:13 certain 21:16 certainly 11:20 34:5 Certified 1:22 47:8 certify 45:4 46:5,13 chair 16:8 chance 19:19 change 40:24 changed 30:13,14 chapter 10:24 11:7 18:17 21:16,20 22:14 23:6 25:6 25:11,13,16,20 27:13,14 39:14 42:10,20 chapters 8:22 10:10 10:17 11:6,10,13 11:18 12:11 19:5 19:9 28:7,9 charge 47:18 check 18:2,14,21 29:9 30:10 35:4,5 36:21 checking 22:19 checklist 2:15 6:19 6:23 13:6,8,12 22:1 27:4,6,16 28:11,19,23 29:9 30:12,18,22 31:3 31:21 32:5,13,22 34:17 36:3 40:21 41:14 43:19 checklists 6:10,10 6:18 33:1 checks 37:1 check-out 22:22 APRIL 21, 2011 Cheshire 16:8 Civil 1:6 clarified 40:22 clarify 25:19 class 2:12,13 6:1 8:13,17 16:15 18:23 20:16,17,22 22:16 25:25 26:3 26:6,9,11,12,12 26:13,14,16 30:25 31:1 40:24 41:18 44:5 classes 6:4 8:12 23:11,12 41:19 classmate 23:8 classroom 43:21 clean 5:9 clear 5:13 26:15 27:11 32:8 42:18 Clearance 43:13 click 29:7 30:22 34:25 clicking 31:13 collected 24:14 collections 10:20 column 36:25 38:6 39:19 come 10:13,14 23:9 comes 28:20 29:2 29:11 30:14,18 33:14 comfortable 22:8 commencing 1:18 comment 39:18 commission 45:23 46:22 communication 7:24 16:9 communications 8:10 company 43:12 complaint 7:6 complete 19:20 28:11,18 completed 28:14 30:12 31:21 compliance 31:5 32:15 Compound 20:10 26:18 computer 35:5 concept 43:24 concern 24:11 concluded 44:22 confidentiality 28:4 conflict 8:13,17 Page 2 CAMBRIDGE vs. BECKER conscious 33:11 34:4 considered 24:2,6 24:23 consuming 22:3 contact 16:1 contacted 15:9 47:11 contained 1:15 context 28:10 31:14 31:25 41:13 continue 28:23 contract 10:3 11:2 47:14,15 contracts 10:17 convenience 22:4 23:7 convenient 23:13 conversations 37:25 copied 36:9,14 copies 11:11 39:24 copy 9:16 11:19 13:2 14:2 20:8 22:15 28:15 35:18 copyright 2:21 6:20 8:19 11:4,7 13:23 15:4,11 22:9 43:13 copyrighted 41:8 41:11,13,25 copyrights 14:9 Corporate 1:23 correct 30:8 32:10 34:9 46:10 CORRECTION 45:8 corrections 45:5 Council 47:7 counsel 3:1 5:1,18 37:23 46:14,15 47:16 count 16:11 COUNTY 46:4 47:4 couple 31:19 35:22 40:14 course 5:19 17:2,24 18:3,25 19:1 coursepack 24:4,21 coursepacks 24:6 courses 24:7 43:17 court 1:1,22 4:7 47:7,8,12 cover 47:17 covered 14:16 CARRIE PACKWOOD FREEMAN create 35:9 created 36:12 creative 38:24 credit 10:5,8 critical 12:22 CRN 17:6 cup 8:6 current 32:25 customary 47:18 cut 5:10 30:3 D d 2:1 3:5,23 date 28:13 31:20 45:22 David 16:8 day 6:1 16:11 17:23 22:21,21 46:18 Day's 19:5 deal 9:17 decided 21:11 deem 29:10 Defendants 1:10 3:10 Definitely 23:3 DEKALB 47:4 department 7:23 8:16 16:8 31:24 depends 18:13 26:8 41:16 deposed 4:24 7:3 deposition 1:13 2:24 4:4 5:19,25 6:17 44:22 45:4,4 46:6 47:5,12,13 47:17 depositions 6:25 Description 2:9 detailed 18:19 19:17 34:2 details 28:24 29:5 determine 31:9 37:3 39:20 43:20 determined 10:19 38:22 39:13 40:5 different 13:21 27:8 27:9 36:7,10 41:15 difficult 22:25 difficulty 23:2 direct 29:19 direction 46:9 disclosure 3:22 47:1,7 discount 47:18 discuss 26:14 discussed 6:16 26:3 26:6 discussing 27:5 disqualified 47:10 dissertation 12:12 12:20 distinguish 20:25 DISTRICT 1:1,1 DIVISION 1:2 Dixon 2:20 13:2,5 35:24 doctorate 8:5,10 document 13:13 14:19,24 27:1 35:19,25 documents 6:6,8 doing 10:4 11:17 20:16 24:21 31:22 dropping 17:14 duly 4:10 E E 2:1,7 45:1,1,1 46:1,1,3 earlier 8:7 30:18 edited 8:23 10:20 editor 8:24 9:23 10:20,22 11:8 editors 9:25 effect 41:7,24 42:16 either 21:24 25:5 36:13 41:21 electronic 2:17 29:21,21 30:5,6 electronically 28:21 29:2,4 33:4 34:9 Elmore 47:12 employ 46:15 employee 9:23 10:1 encompass 18:22 encyclopedia 9:3,4 11:15 ended 10:4 25:24 36:9 English 12:15 enrollment 17:9 entered 36:20 entirety 44:1 entries 9:4 39:13 41:6 entry 40:16 environment 8:13 environmental 8:14 24:10 environmentalism 9:3 SHUGART & BISHOP environmentalist 24:9 ERes 15:6 23:1,14 25:6 27:5 EReserve 18:10 20:19 21:12,21 25:9 28:18 31:2 33:2 EReserves 20:6 26:16 33:18 et 1:4,9 4:6,6 ethics 2:12 10:12 16:15 41:17 Europe 12:22 evaluation 32:11 everybody 22:22 23:5 evidence 46:11 exactly 34:14 exam 25:23 26:22 EXAMINATION 2:4 4:12 Examinations 2:2 examined 4:10 example 6:10 exception 45:5 excerpt 2:16 20:4 22:7 27:7 30:21 31:10 42:21 excerpts 27:8 28:18 43:17 exclusive 47:15 exhibit 2:20,24 13:5 17:20 26:25 27:14 28:12 29:15,20 31:9,21 32:4 34:12,18 35:8 36:6,12 exhibits 16:12 expect 10:9 expectation 12:7 experience 9:13 15:24 expires 45:23 46:22 exposed 13:15,21 extra 6:13 28:10 35:22 e-mail 9:21 31:23 F F 46:1 factor 33:20 37:9 37:11,16,17 38:4 38:7 39:2,3,7,10 39:11,13,19,22,23 40:15,16,18 41:5 APRIL 21, 2011 42:2 43:4,6 factors 37:4 40:6 factual 37:18 fair 2:15 6:10,18,19 13:6 22:1 27:4 28:23 29:10 30:11 30:11,18 34:4,17 40:21 43:21 fall 2:11 8:5 13:17 15:2 16:14 17:3 fallen 28:5 falls 30:11 familiar 16:23 far 24:21 fax 10:18,25 feel 5:11,17 22:8,9 fees 42:19,20 felt 37:19 field 12:6,15,16 FIFTH 3:6 file 1:6 12:2 20:4 fill 17:11 33:1 filled 32:22 43:19 final 25:23 26:22 financial 47:18 find 21:24 23:7 fine 8:6 24:15 finish 5:8 finished 12:1 finishes 23:18 34:20 finishing 6:4 8:1 20:24 first 4:10 6:3 8:8 20:21 29:12 41:7 fits 41:18 five 10:14 flip 44:12 Floor 1:17 focused 41:18 folks 7:2 following 45:5 47:7 follows 4:11 food 9:3,3 10:11 foregoing 45:4 46:5 form 2:18 29:21 formal 8:19 18:11 19:16 formalized 10:25 format 20:22 30:14 30:17 36:10 forward 31:5 Foundation 15:13 16:2 23:17,21 framed 14:3 Francis 9:10 free 5:12,17 11:20 Page 3 CAMBRIDGE vs. BECKER Freeman 1:14 4:4,9 4:14,19 16:10,13 16:19 26:25 45:3 47:5 friendly 35:22 friends 11:11 fulfillment 11:22 full 4:15 14:24 23:11 25:11,13 FULTON 46:4 further 44:19 46:13 G G 46:3,3 GA 3:14 general 18:14 generally 7:22 21:1 30:17 Georgia 1:1,8,17,24 4:20 7:25 8:3,18 24:7 47:3,7,8 getting 16:11 21:5 42:2 give 5:2,16 10:9 21:2,24 28:24 29:14 44:4 given 46:11 47:19 gives 43:24 giving 10:5 go 5:2,21 20:5 21:21 22:2,23 31:25 32:3 34:1 38:13 41:5 42:8 42:13 44:10 goes 28:21 going 7:15 10:24 18:7,16 22:16 23:7 31:8 34:7 40:15 42:5,7,8,13 44:20 good 33:5 37:6 GoSolar 2:14 16:21 16:23 GOTSHAL 3:6 gotten 10:6 grade 44:3 grades 17:1 graduate 24:21 green 9:2 GSU 2:21 6:20 7:3 15:4 16:21 guess 11:16 29:20 36:15,17,21 guidelines 5:2 H CARRIE PACKWOOD FREEMAN H 2:7 45:1 halfway 12:2 hand 36:25 38:6,12 38:23 39:19 40:2 40:4 41:6,9 happened 36:12 happening 11:9 happens 5:20 hard 20:24 22:15 30:9 44:4 headlined 29:21 heard 8:7 hearing 46:12 hey 42:9 highly 38:24 hindsight 37:6 homework 18:18 19:8 22:18 26:8 26:10,14 honest 41:3 hope 32:18 hour 1:18 5:16 hours 22:20,21 I idea 33:5 42:7,8 ideas 11:23 identified 17:21 imagine 23:23 impairs 41:10 implied 38:14 important 12:3 13:24,25 14:1 impression 13:23 43:24 include 42:19 including 20:23 inconvenient 35:23 increments 22:19 22:21 indicate 25:8 43:9 indicates 17:4 27:16 39:19 indicating 39:12 indication 36:25 38:7 information 13:16 18:9 35:15 initially 35:11 inside 26:12 instances 21:10 instructs 5:20 interactive 35:4,7 interest 47:10 interested 46:17 interpreted 40:23 involved 15:19,19 issue 35:16 issues 8:15 italics 37:13,14 item 41:8 J job 8:8 11:21 journal 12:6,9 journalism 16:16 17:4 41:18,19 journals 8:22,25 9:10,12 Judicial 47:7 June 7:17 K Katrina 3:11 6:3,11 keep 22:17 42:4 KEMP 3:19 kin 46:13 kind 9:19 11:3,5 12:23 14:10,14 20:4,24,25 23:7 24:16 25:24 30:15 31:25 33:11,14 36:25 37:21 38:7 know 5:14 7:14 8:23 9:8,11,22 10:2,19,23 11:10 12:25 13:14,16,22 13:25 14:12,23 15:20,21 16:4,20 20:8 21:22 22:15 23:14,20 24:14,19 25:4 28:22 29:5 32:14,21 35:6,7 35:10,20 36:11,13 37:5 38:20 39:5 40:25 41:3 42:25 43:8 knowledge 45:4 L label 25:18 lack 39:18 language 37:18 39:8 Larson 2:4 3:5 4:13 4:21 13:4 15:1,16 16:6 19:21,22 20:13 23:19 24:1 26:24 30:2,7 31:16 34:22,23 44:10,18 late 16:11 SHUGART & BISHOP law 3:5,12 8:12,13 8:16 15:11 lawsuit 14:7 20:18 learn 15:23 left 38:12,18 41:6 legal 31:24 37:18,21 39:8 length 7:18 letters 8:23 letting 36:22 let's 7:17 17:20 19:7 27:10 41:5 44:10 level 24:17 library 14:9 20:6 21:15,18,23 22:12 22:24 23:7 25:17 28:17 33:9,15 34:8 license 42:19 43:16 licenses 43:16 licensing 39:24 43:3 liked 26:1 42:11 line 18:1 45:8 lines 43:4 link 18:8,12 20:1 31:14 34:7,16 list 10:9 17:3 43:23 listed 19:1 25:3,17 40:6 45:5 listing 2:13 literally 35:5 litigation 47:19 little 22:2 30:3,9 35:16 LIZ 3:19 LLP 3:12 logistical 23:2 logistically 22:25 long 7:25 10:9 17:15 longer 9:20 39:24 look 6:9,17,20 13:11 17:20 18:16 19:10 24:24 25:1 27:10 31:2 33:25 34:11,17 35:24 looked 6:19,24 24:20 37:5 looking 12:24 13:11 27:7,25 29:11 31:14 32:12 35:8 37:9 39:2,22 43:2 looks 29:3 34:18 36:7 lost 16:11 lot 6:4 9:9 14:1,4,6 APRIL 21, 2011 22:12 23:11 24:12 24:22 33:23 40:10 42:14 lots 18:21 Louis 17:23 19:5 Lynn 4:19 M M 3:11 Madam 4:7 main 19:4 24:17 major 12:17 majority 40:12 making 24:16 31:4 34:8 MANGES 3:6 MARK 1:7 marked 13:2 16:10 16:18 29:14 market 41:7,8,10 41:10,13,25,25 42:16,19,24 markets 41:23 material 19:25 matter 37:14 mean 6:14 11:2 14:5 18:10 28:6 35:14 40:7,10 42:4,22 Meaning 28:7 means 40:19 41:1,3 43:7 meant 19:17 media 2:11 16:15 30:25 41:17,17,20 41:22,22 meeting 6:13 memory 20:19 31:3 met 4:21 6:2,11 middle 30:10 mind 6:4 34:5 44:7 minute 44:11 missing 39:6 Mixson 47:12 move 31:5 multiple 31:4 40:23 N N 2:1 name 4:15,21 named 25:12 natural 5:16 nature 18:6 neatly 35:15 necessarily 33:24 33:25 41:2 44:8 Page 4 CAMBRIDGE vs. BECKER need 5:14 6:15 7:14 18:18 23:13 25:19 33:13 34:4 42:9 needed 24:16 39:8 negates 40:12 never 9:20 24:20 32:3 new 3:7 40:25 42:23 nice 12:17 ninth 29:20 nods 5:5 nonfiction 37:19 Normally 32:3 NORTHERN 1:1 NOTARY 45:21 note 37:11 39:4,22 39:25 40:1,2,4 notes 30:6 44:12 noticed 17:17 November 28:13 31:20 32:2,5,13 32:17,23 40:17 43:20 number 4:3 16:12 17:6,16 NY 3:7 O O 46:3 Objection 14:21 15:13 16:2 20:10 23:17,21 26:18 31:11 objections 5:18 obviously 32:3 occasion 16:25 occasionally 18:10 offering 43:15 office 14:3 15:9 16:1 offices 47:11 official 1:8 oh 18:15 39:5 okay 5:1,7 6:20,24 7:2,9,16,21,22 9:13 12:6 17:7,19 19:12 20:15 24:24 25:21 27:16 28:14 31:7,17 32:14 36:5 37:9,21 38:22 39:10,16 41:24 42:6 43:5 old 42:25 once 10:19 31:3 ones 37:25 38:23 online 2:17 9:4,15 CARRIE PACKWOOD FREEMAN 11:15 18:20 34:5 open 25:24,24 opposed 5:5 18:11 42:21 opposite 38:12 40:10,11 optional 44:2 Oregon 8:6,8 organize 24:13 orientation 13:15 13:17 14:17,20 15:2,3 outside 6:12 26:11 overcome 23:1 overwhelm 21:8 overwhelming 21:9 Oxford 9:5 O.C.G.A 3:22 47:10 47:14 P P 1:7 Packwood 1:13 4:19 page 2:2,9 13:8,11 19:2 24:25 25:24 27:9,13,15 29:12 29:20,23 30:15 33:10,15 36:2,2 37:10 41:5 45:8 pages 13:12,13 17:17 23:6 27:16 32:14 42:12 46:9 paid 10:6 11:13,14 paper 17:15 21:3 24:9,22 28:15,20 32:1 part 11:20 12:4 22:9 23:11 28:21 34:16 43:11 particular 13:6 20:22 30:24 31:15 38:4,25 40:9 42:20 parties 46:14,16 47:18 parts 33:13 party 47:16,19 paste 35:18 pasted 36:9,14 payment 11:16 PDF 20:8 21:23 35:10 Peachtree 1:16 3:13 people 11:23 17:14 17:15 21:17 22:18 period 22:22 permission 43:3,8 43:10 permissions 42:20 personal 4:17 11:21 perspective 42:23 photography 28:1 phrase 19:15 phrased 38:2 place 33:2,18 placed 19:16 25:9 26:16 28:18 places 18:21 plaintiffs 1:5,14 3:3 4:22 9:1 Plaintiff's 29:15 34:12 planned 7:20 plans 7:18 please 4:7 24:25 point 7:12 10:23 11:24 33:9 policies 13:21 policy 2:21 6:21 14:2 15:4 35:25 portions 16:21 positive 6:5 possible 9:9 24:9 25:16 30:24 31:1 36:13,14 40:8 post 17:1 18:3 20:8 posted 15:11,22 18:2 posting 22:8 33:23 potential 10:13 41:8,10,25 potentially 10:14 practice 33:17 practitioners 41:20 pragmatic 36:22 preceding 46:9 precious 26:13 prefer 24:8 preparation 6:6 prepare 5:25 26:21 PRESENT 3:17 President 1:9 president's 16:1 press 1:4 4:5 12:21 12:21 pretty 5:15 previous 2:24 previously 13:1 29:15 pre-tenure 12:1 primarily 41:18 SHUGART & BISHOP print 9:15 10:15 28:25 33:7,19 39:24 printing 46:8 printout 16:20 17:2 prior 6:17,25 7:20 8:3 26:5 32:19 privacy 28:3 privileged 6:16 probably 9:25 10:18 11:4,9,25 13:2,15 14:6 15:19 19:3,17 20:15 24:12 29:12 31:24 32:11,12 33:4,22 40:21 41:2 problem 23:25 process 10:23,25 12:2,4,24 22:2 24:19 28:21 34:7 professor 4:14 8:2 12:16 24:12,20 28:21 professors 43:16 progressively 17:16 prohibited 47:14 promising 12:24 pronounce 25:4 provide 28:10 47:12,15 providing 4:15 provisions 47:10 provost's 15:9 PUBLIC 45:21 publicly 16:20 publish 12:7 22:10 published 8:21,25 9:2 10:10 12:4,12 14:14 37:18 publisher 10:17,21 10:22 12:19 22:10 43:10 publishers 9:11 11:8 43:15 publishing 14:9 pull 23:23 purchase 17:24 42:6 purpose 40:25 pursuant 1:14 3:22 47:6 put 10:7 18:19 21:12,14,22 22:3 22:10 24:8 25:16 26:2 33:8 34:4 APRIL 21, 2011 37:12 41:1 42:11 44:6 putting 14:8 31:2 33:13 36:18 42:4 42:9 p.m 1:18 4:3 44:22 Q question 5:10,21 15:15 19:20 20:7 23:18 34:21 41:12 questions 5:4,8,22 40:14 44:18 46:7 quick 5:15 QUICKER 3:11 13:3 14:21 15:13 16:2 19:19 20:10 23:17,21 26:18 29:25 31:11 34:20 44:19 QUICKERK@B... 3:15 quite 12:10 R R 45:1,1 46:1,3 range 27:13,15 29:25 ranges 27:9 rates 47:18 rationale 32:16,17 read 7:5 14:24 18:17 21:5,16 22:23 24:18 26:1 26:10,21 27:24 28:8 30:9 38:20 38:20 44:2,6 45:4 reading 15:10,12 17:7 18:11,25 20:3,19 21:11 22:7,18 23:15 25:3,8,21 26:15 26:23 28:5 43:21 43:24 44:2 readings 15:6 18:1 18:3,6 19:4,11 21:1,2 26:5 27:5 37:20 43:17 reality 42:14 really 6:2 8:16 10:21 11:14 14:2 19:7 21:2,8 22:4 24:8,15,19 25:22 28:9 33:9 40:25 41:3,17 reasonably 43:3 Page 5 CAMBRIDGE vs. BECKER reasons 24:10 recall 10:16 11:2 13:14,18,20 14:19 19:24 20:16 31:6 31:7,13 37:22 received 13:16 31:23 recess 44:15 recognize 13:5,13 16:13 26:25 recollection 17:13 record 4:2,15,22 32:1 44:11,13,17 44:21 Redobe 12:21 reduced 46:8 referral 47:17 reflective 25:23 refresh 31:3 refreshed 20:18 regular 46:15 regulations 14:13 47:6 relate 18:7 28:1 related 13:22 15:4 18:10 19:9 27:5 relationship 47:10 relevant 18:9 39:15 39:17 remember 9:18 11:6 19:7 20:17 30:23,24 31:19 32:9,24 35:11,16 35:18,20 remembering 30:15 remove 15:12,20 rephrase 5:12 reporter 4:7 47:8 47:16 Reporters 1:22 reporting 47:7,12 47:16,16 represent 16:19 46:10 representative 47:9 representing 4:22 request 2:18 28:17 29:21 30:20 34:8 required 12:15 17:24 22:18 23:6 25:21 43:20,24,25 44:7 requirements 11:21 research 6:14 11:20 reserve 14:8 21:15 22:15 42:4 CARRIE PACKWOOD FREEMAN reserves 2:17 29:21 resolution 8:14,17 resource 22:13 respected 12:10 respond 26:10,11 40:8 result 46:17 review 6:6,8 12:1 12:24 reviewed 29:9 reviewing 12:23 33:11 right 6:2,15 10:15 12:23 15:7 17:5,7 20:4 32:7 34:15 36:24 37:1,2,6 38:6,8,9,19,23 39:19 40:2,3,4 41:9 43:2 rights 8:14 RMR 1:16 46:21 47:22 RPR 1:16 46:21 47:22 Rules 47:6 S S 2:7 45:1 Sage 9:2,5,13,17,22 10:1 11:15 saw 9:20 saying 18:21 32:14 36:8 37:15 says 17:7 18:1,17 25:6,23 27:12 30:11 37:10 39:3 39:6,10,23 41:9 41:24 43:2 scan 21:22,22 22:3 scares 17:15 schedule 2:13 19:1 school 42:25 screen 35:1 screens 29:16 34:11 second 37:9 41:5 section 17:21 30:10 see 17:3 18:24 19:4 19:7 27:17 28:12 30:9 31:9 32:4 33:21 35:3,14 36:2,3,18,24 37:1 37:13 38:8,15 39:5,9,22 40:15 42:24 43:3,8 44:10 seen 13:19 14:24 29:13 semester 17:3,5 33:23 send 35:12 36:16 sense 14:8,11 sent 35:10,11,21 separate 6:22 9:23 separately 34:25 series 12:22 34:11 36:3 seriously 16:5 services 47:12,16 sessions 15:3 set 7:10 17:19 share 11:10,23 21:18 22:20,24 show 5:5 13:1 16:10 16:18 shown 14:19 shows 25:18 Shugart 1:22 47:9 47:11,13,15,18 side 36:24 38:13,23 40:2,4,12,13 41:6 41:9 sides 40:11 sign 10:25 SIGNATURE 45:21 significant 41:7,24 42:16 significantly 41:9 similar 32:11,12,18 simultaneously 23:15,24 sit 33:25 site 16:21 18:9,12 20:1 22:11 sitting 13:18 23:8 40:17 situation 22:6 skills 32:11 smaller 17:16 somewhat 40:10,20 Sorry 39:15 sort 5:19 9:23 30:10 34:25 35:4,25 36:3 sorts 10:6 sounds 37:21 space 39:6,8 SPAHR 3:12 speaking 10:1 specialty 8:15 specific 31:8 specifically 29:19 SHUGART & BISHOP 32:9 34:17 spend 21:3 spoken 7:2 Square 1:23 stage 30:19 start 4:14 5:24 33:10 starting 7:10 17:21 41:6 starts 19:1 State 1:8 7:25 8:4 24:7 47:3 stated 46:6 STATES 1:1 stating 4:15 step 24:3 steps 35:22 stipulations 1:15 store 33:5 Street 1:16 3:13 student 24:5,21 students 17:8 18:25 22:5 23:10 42:5 42:14 44:3 studies 12:22 studying 41:22 stuff 33:24 37:13,14 subfactor 31:9 subfactors 37:16 submissions 7:6 submitted 28:17 30:20 subsection 25:14 suggest 21:7 Suite 1:23 3:13 summer 9:15 12:13 supplement 26:9 supplemental 28:5 28:6 supplementing 24:16 supposed 10:13 15:14 20:11 sure 5:1 7:15 15:21 16:3 19:18,19 23:18 31:5 32:20 34:20 37:25 38:1 40:25 swear 4:8 sworn 4:10 syllabus 2:11 16:14 17:20 18:16,20,22 24:25 27:7,10,12 27:19,20,21,23 system 2:14 15:6 16:22,23 18:11 APRIL 21, 2011 21:12 22:12 25:9 25:17,19 28:18 29:12 33:1,2 T T 2:7 45:1,1 46:1,1 take 6:9,17 13:11 16:5 19:5 21:1 23:11 31:7 34:1 43:16,20 taken 1:14 46:6 talked 6:12 13:25 14:4,5,6,7,10 28:2 talking 28:3 29:16 30:1 tape 4:2 5:15,16 taught 17:4 20:22 20:23 Taylor 9:10 teach 8:3 technically 8:16 tell 5:12,24 6:16 7:16,22 21:25 42:1 telling 20:5 tend 28:25 tenure 11:24 12:4 Teresa 1:15 46:21 47:21 terms 42:24 44:2 test 44:9 tested 25:22,25 28:8 testified 4:10 tests 44:4 text 17:21,24 25:25 textbook 18:16 19:6 21:6,8,11 24:15 24:16 43:25 44:1 Thank 19:21 34:22 theory 30:25 thereto 46:8 thick 24:23 35:25 thing 11:14 22:1 24:17 25:24 33:8 36:22 37:10 things 8:24 11:11 14:8 18:18 19:10 19:13 21:1,7,22 22:11 23:13 24:8 24:13 28:25 31:4 32:1 37:19 38:4 38:21 think 5:15 6:22 7:19,20 9:5,8,12 9:14 10:4,6 12:14 14:10,18 17:3 Page 6 CAMBRIDGE vs. BECKER 19:3,15,25 21:16 23:16 27:24 28:1 28:4 29:6,8,10 30:2,13,13,18 31:3,23 32:15 36:8 37:12 38:25 40:20 42:3,13,16 42:23 44:7,7,8 thinking 18:19 32:19 42:24,25 third 8:1 10:13 12:24 thought 10:11 28:22 38:14 40:9 three 11:25 20:23 22:21 29:24 37:15 38:3,17,18 39:3 43:4 Thursday 1:17 tight 23:12 time 4:3 6:3,12 9:20 15:22 19:5 20:21 21:3,7 22:2 23:11 23:12 26:9,12,13 28:16 30:20,25 31:8 times 9:10 10:5 20:23,25 34:5 today 5:15 6:7 20:24 today's 5:25 6:17 Todd 3:5 4:21 TODD.LARSON... 3:8 told 5:1 15:10 28:25 training 8:19 15:3 transcript 5:6,9 46:10 transcripts 6:24 transformative 40:16,19 trial 7:9,13 tried 35:6 trip 7:20 trouble 21:5 35:12 true 37:2 45:5 46:10 try 5:9,12 21:18 trying 12:11 36:6 36:11,15 turn 24:25 36:2 two 6:16 10:12,14 11:25 21:21 22:19 22:21 27:8,9 40:11 type 35:6,22 38:14 CARRIE PACKWOOD FREEMAN typed 35:15 36:17 37:7 38:1,15 typical 5:19 typing 33:10 35:12 U Uh-huh 8:9 16:17 22:6 25:2,7,15 ULearn 18:2,4,15 19:13,16,25 20:8 21:13 22:7 unclear 5:11 undergraduate 24:17 underneath 36:17 37:7 undersigned 45:3 understand 5:11 19:23 33:17 34:6 36:6,11 37:15 41:12 42:1 understanding 12:3 40:17,18 42:18 43:6 Understood 31:20 41:4 UNITED 1:1 university 1:4,8 4:5 8:6,17 13:22,23 13:25 Unpublished 38:24 unusual 15:18 use 2:15 6:10,18,19 13:6 14:13 15:6 16:25 21:12 22:1 22:7,15 25:25 26:8 27:4 28:23 29:10 30:11,12,18 32:25 34:17 37:24 40:21,24 43:22 useful 22:13 user 35:21 40:21 usual 47:18 usually 10:22 15:19 21:21 24:15 26:7 utility 40:25 utilize 22:12 41:22 V vague 40:20 validated 11:22 verbally 5:5 versus 4:6 video 4:1 44:13,20 VIDEOGRAPHER 3:19 4:1 44:13,16 44:20 videotaped 1:13 4:4 view 30:22 vigilant 13:24 violation 15:11 volume 9:24,25 vs 1:6 APRIL 21, 2011 34:2 37:24 write 33:20 43:9 writing 36:18 37:22 written 27:20,21 37:13 X X 2:1,7 W walk 21:17 33:19 33:20 want 5:17 14:12 15:21,23 18:14,15 21:6,16,25 33:17 wanted 19:23 wanting 31:25 Washita 4:20 wasn't 35:21 36:22 waste 21:7 way 5:11,13 6:5 11:22 14:13 25:17 25:18 26:8 27:22 32:15 33:5 36:20 43:1 44:8 ways 40:23 web 16:21 18:8,12 20:1 22:11 week 18:8 25:1 27:12 28:2,2 weeks 26:5 weighs 43:21 WEIL 3:6 we'll 25:6 we're 4:1 14:8 16:12 27:5 28:3 30:1 44:16 wise 11:17 witness 4:8 7:13 14:23 15:14 16:3 20:11 23:23 26:19 30:5 31:13 46:12 word 35:19 36:9,14 37:24 words 37:22 work 10:3,19,21 11:22 12:8 21:23 23:10 24:12 32:10 33:18 36:15 37:18 38:24 40:24 41:11 41:13,25 worked 9:19 31:21 working 12:12 31:4 works 10:22 14:14 14:14 24:19 33:1 33:11 34:6 41:21 wouldn't 33:24 SHUGART & BISHOP Y yeah 9:8 11:25 13:20 14:23 15:8 15:17 16:14 17:6 17:11,14,22 19:7 19:14,14 20:2,5 20:14,21 22:8 23:16 27:24 28:20 29:14,18 30:4,8 30:13,19 32:21 36:8,21 38:11,24 39:16 42:22 43:23 year 8:1 9:19 32:19 33:23 years 11:25 31:19 yesterday 6:3,11,19 27:25 YORK 3:7 $ $100 10:6,8 1 1 2:11 4:3 13:11 16:10,12,13 17:20 40:15,16 1:08-CV-1425-O... 1:7 10 25:6,16 27:13,14 10th 13:2 10.B 47:6 1000 3:13 10153-0119 3:7 1023 4:20 11-21-11 46:22 116 27:17 1180 1:16 121 27:17 13 1:23 2:21 25:24 140 1:23 15 21:17 15-14-37 3:23 47:14 16 2:11,13 25:1 27:12 16th 1:16 7:10,17 7:17 17th 28:13 31:20 32:2,6,13,17 19 13:9 17:9,12 21:17 2 2 2:13,21 13:2,5,5 16:19 35:24 37:9 37:11,16,17 38:4 38:7 39:7 2008 8:5 13:17 15:2 2009 2:11 16:15 17:3 30:21 32:9 2010 28:13 32:2,13 32:17 2011 1:17 46:18 21 1:17 212.310.8238 3:7 24th 46:18 25 17:8,17 21:17 27 2:15 29 2:17 299 27:15 3 3 2:15 26:25 27:14 28:12 31:9,21 32:4 34:18 35:8 36:6,12 39:2,10 39:11,13,19 3:28 1:18 4:3 30307 4:20 30309-3915 3:14 30329 1:24 305 27:15 31385 30:2 31386 30:4 3185 29:25 37 2:17 29:15 34:12 4 4 2:4 39:22,23 41:5 43:4 4:21 44:14 4:23 44:17 4:24 44:21,22 4800 16:16 17:4 6 678.420.9300 3:14 7 7 13:8,10,12 19:2 28:2 36:2,2 767 3:6 770 1:24 Page 7 CAMBRIDGE vs. BECKER CARRIE PACKWOOD FREEMAN 8 8 13:10,12 24:25 28:3 83268 17:6 9 9-11-28 3:22 47:10 955-5252 1:24 999 3:13 SHUGART & BISHOP APRIL 21, 2011