Oracle Corporation et al v. SAP AG et al

Filing 817

Declaration of Tharan Gregory Lanier in Support of 816 Defendants' Cross Motion for Partial Summary Judgment and Opposition to Plaintiffs' Motion for Partial Summary Judgment (FILED PURSUANT TO D.I. 810) filed by SAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53)(Related document(s) 810 ) (Froyd, Jane) (Filed on 8/27/2010) Modified on 8/30/2010 (vlk, COURT STAFF).

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Oracle Corporation et al v. SAP AG et al Doc. 817 Att. 23 EXHIBIT 23 Dockets.Justia.com ANDREW NELSON February 26, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION --oOo-ORACLE CORPORATION, a Delaware corporation, ORACLE USA, INC., a Colorado corporation, and ORACLE INTERNATIONAL CORPORATION, a California corporation, ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) SAP AG, a German corporation, ) SAP AMERICA, INC., a Delaware ) corporation, TOMORROWNOW, ) INC., a Texas corporation, and ) DOES 1-50, inclusive, ) ) Defendants. ) ________________________________) 07-CV-1658 (PJH) HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY VIDEOTAPED DEPOSITION OF ANDREW NELSON _____________________________ FEBRUARY 26, 2009 VOLUME I (Pages 1 - 266) REPORTED BY: SARAH LUCIA BRANN, CSR 3887 (#416642) Merrill Legal Solutions (800) 869-9132 4f7970f0-3ba8-4fad-84bd-ede4c3fae1a4 ANDREW NELSON February 26, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 63 TEXT REMOVED - NOT RELEVANT TO MOTION 10:22:42 10:22:45 10:22:47 10:22:53 10:22:54 10:22:56 10:23:03 10:23:05 10:23:10 10:23:14 10:23:17 10:23:22 10:23:25 10:23:28 10:23:30 10:23:38 10:23:45 10:23:47 10:23:52 10:23:57 10:23:59 10:24:01 10:24:10 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. What was included within the rubric of maintenance support services in the way that you initially launched it at TomorrowNow? A. Are you referring to some of the components of the service offering? Q. A. Right. Well, it involved speeding up the time in And I am not which initial response would occur. sure at the time whether it was an hour or two hours or 30 minutes. But, you know, customary for PeopleSoft was a 24-hour response time, as I best recall. And we wanted to be a lot more responsive, really drive service excellence, and that was a component of it. We wanted to fix issues on older releases. And at the time the software company -- from my discussions with Seth Ravin, a business plan had been presented to PeopleSoft detailing how this -the idea of doing this extended support, and they weren't interested in the business. And so when Seth came and presented it to me the idea was that there was still a business need, and that it would be valuable to customers who Merrill Legal Solutions (800) 869-9132 4f7970f0-3ba8-4fad-84bd-ede4c3fae1a4 ANDREW NELSON February 26, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 64 10:24:13 10:24:15 10:24:18 10:24:20 10:24:23 10:24:28 10:24:30 10:24:34 10:24:42 10:24:48 10:24:51 10:25:00 10:25:01 10:25:02 10:25:04 10:25:12 10:25:18 10:25:21 10:25:24 10:25:26 10:25:33 10:25:36 10:25:40 10:25:43 10:25:46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 needed more time on their older releases. And so another big component of this was not just -- in the early days the big component was to extend the life of these old releases that were retired by the software vendor. big component of it. Another component that I recall is to give a named support engineer for a client account, as opposed to giving them, you know, an annual service that did not include a named engineer, so that we could develop a sort of a support relationship with the customer, again being more personalized, so that they would call someone who more often than not would be their direct contact for resolving the issue, instead of just calling a generic 1-800 number. We had the concept as another component of our service offering that we were going to fix serious issues. And that means sort of different But if the screen was So that was another things to different people. not the right color -- I know you said you like your blue shirts. Well, if the color blue wasn't necessarily to your liking, that we didn't consider to be a serious issue. But if you couldn't process your payroll on a payroll system or you couldn't do Merrill Legal Solutions (800) 869-9132 4f7970f0-3ba8-4fad-84bd-ede4c3fae1a4 ANDREW NELSON February 26, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 65 10:25:49 10:25:52 10:25:56 10:25:58 10:26:00 10:26:03 10:26:08 10:26:12 10:26:17 10:26:20 10:26:28 10:26:31 10:26:37 10:26:38 10:26:41 10:26:44 10:26:47 10:26:51 10:26:51 10:26:53 10:26:57 10:27:00 10:27:04 10:27:07 10:27:10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your year-end close, that's a serious issue. So this concept of fixing serious issues was another component that we focused on. These are to the best of my recollection. There may be others. But that's the type of things that we did in supporting these releases, retired releases, in the very early days of our launch. Q. One of the things you mentioned was fixing Did that include in this issues on older releases. early stage providing regularly scheduled tax and regulatory updates? A. Q. Yes. Had you been involved at all in the provision of support services in the way that you just described it while you were at PeopleSoft? A. When you say while at PeopleSoft, do you mean while employed directly by PeopleSoft? Q. A. Correct. No, not that I can recall. Now, just to make sure I am real clear, the upgrade process involves moving things, like I said, kind of from point A to point B. A tax update, whether it's a major enterprise release or an individual fix, a tax update falls sort of on the simple side of that, but Merrill Legal Solutions (800) 869-9132 4f7970f0-3ba8-4fad-84bd-ede4c3fae1a4 ANDREW NELSON February 26, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 66 10:27:13 10:27:16 10:27:19 10:27:21 10:27:25 10:27:26 10:27:30 10:27:34 10:27:35 10:27:39 10:27:42 10:27:44 10:27:53 10:27:54 10:27:56 10:28:07 10:28:10 10:28:18 10:28:21 10:28:24 10:28:26 10:28:31 10:28:34 10:28:35 10:28:38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 still falls in there. So I would have applied tax But in updates most likely during that time frame. the way that I think you were asking the question, you were not including that. But if you were, then I did that work while employed. Q. Right. Well, using that example, had you been involved in the development of new tax updates to send out to customers on releases of PeopleSoft software while you were employed by PeopleSoft? A. Not that I can recall precisely, other than any generic testing that may have included those objects. Q. Who was the first employee of TomorrowNow that did have experience in the development and delivery of tax and regulatory updates? A. When you say the development and delivery, I am not sure that I know. we -- I am not sure. Q. Well, let's limit it to development, if the two of them in the question is making it hard. Who was the first employee at TomorrowNow who had experience in the development of tax and regulatory updates for PeopleSoft software? A. Can you help me understand what you mean specifically by development? Q. Well, what does development mean to you, Merrill Legal Solutions (800) 869-9132 4f7970f0-3ba8-4fad-84bd-ede4c3fae1a4 ANDREW NELSON February 26, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 67 10:28:40 10:28:45 10:28:47 10:28:50 10:28:54 10:28:58 10:29:01 10:29:02 10:29:04 10:29:06 10:29:07 10:29:07 10:29:10 10:29:14 10:29:17 10:29:21 10:29:24 10:29:25 10:29:27 10:29:30 10:29:32 10:29:36 10:29:40 10:29:41 10:29:44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 if I asked you what does it mean to develop a tax and regulatory update to deliver to a customer? A. It could mean many different things. If it involved applying it, as opposed to really being the one that says, "How do I create something that never existed before?" that's kind of what I would assume would be the development. Q. And I think that's what I intended with my question as well, so it sounds like we are on the same page. A. Q. Okay. So, a customer or set of customers needs a tax and regulatory update, because there has been changes, right, in the regulations that they need to adjust their software for. And somebody has got to come up with the code that is going to do that for them; right? A. Q. Sure. And so, am I right that you had not, up to this point in time, when TomorrowNow decided to offer this service, personally been involved in developing those kinds of tax and regulatory updates? A. I had not been involved in development in the sense of creating something out of nothing while Merrill Legal Solutions (800) 869-9132 4f7970f0-3ba8-4fad-84bd-ede4c3fae1a4 ANDREW NELSON February 26, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 68 10:29:47 10:29:51 10:29:53 10:29:56 10:30:00 10:30:01 10:30:05 10:30:07 10:30:13 10:30:16 10:30:18 10:30:21 10:30:24 10:30:26 10:30:32 10:30:37 10:30:46 10:30:47 10:30:48 10:30:49 10:30:59 10:31:01 10:31:02 10:31:06 10:31:12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I was employed at PeopleSoft as an employee. Q. And had you done it at any point up to this time when TomorrowNow decided to offer this service, whether at PeopleSoft or not? A. Q. A. Indirectly, yes. What do you mean by that? Well, in -- sometime in late 1999, while I was on one of my TomorrowNow consulting engagements, Seth Ravin made contact with me. And at the time I am not sure what his role was at PeopleSoft. I think he was running a I am not telesales team and doing other things. sure of the full extent. He called and asked me to come and be a -what was the role? Y2K sort of project manager. Because it was during the time of Y2K, where TomorrowNow was having to deal with all of this stuff. In the course of doing many things during that time I got experience working with tax updates. Q. Y2K work? A. Well, he had called TomorrowNow, and he But after Were you working for PeopleSoft in this was employed at PeopleSoft at the time. we agreed to do the work, I think, because Merrill Legal Solutions (800) 869-9132 4f7970f0-3ba8-4fad-84bd-ede4c3fae1a4 ANDREW NELSON February 26, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 69 10:31:15 10:31:18 10:31:22 10:31:24 10:31:28 10:31:30 10:31:32 10:31:35 10:31:38 10:31:41 10:31:44 10:31:48 10:31:53 10:31:55 10:31:57 10:32:00 10:32:04 10:32:08 10:32:11 10:32:17 10:32:20 10:32:24 10:32:28 10:32:32 10:32:34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PeopleSoft didn't want to have hundreds of relationships with individual contractors, PeopleSoft went through some third party and asked me at the time if I could just go through that third party as an individual. So while he had made contact with me as TomorrowNow, the mechanism was such that I think I as an individual worked for this third party. don't remember the -- their name. Q. So, you, Andrew Nelson, not in your I capacity as the owner of TomorrowNow, worked as a consultant for PeopleSoft through a third party relating to Y2K issues. A. Q. Initially, yes. Right. And how did that work expose you to the development of tax and regulatory updates? A. Well, one of the challenges of the Y2K period was that before the software company was aware of all the Y2K concerns they had set release retirement dates for several of their products to retire merely weeks prior to Y2K, requiring these major upgrades, major surgery on the system, right before an event when most people were trying to lock down and freeze their systems. And sort of, my guess, as evolution of the Merrill Legal Solutions (800) 869-9132 4f7970f0-3ba8-4fad-84bd-ede4c3fae1a4 ANDREW NELSON February 26, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 70 10:32:39 10:32:43 10:32:46 10:32:49 10:32:50 10:32:54 10:32:59 10:33:02 10:33:07 10:33:12 10:33:13 10:33:17 10:33:21 10:33:24 10:33:32 10:33:37 10:33:42 10:33:47 10:33:49 10:33:52 10:33:56 10:33:57 10:34:04 10:34:05 10:34:08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fact that we dealt with client escalations back when I was employed, he knew that I could do that type of -- handle that type of complex things, with lots of balls going. And a program was created to extend the life of these releases past Y2K. recollection, that was the first PeopleSoft-specific, you know, from corporate extended support system that he had done, and he asked me to do that. There were retrofits that were done by PSG, you know, to extend software in other cases. But that was the first time I was directly asked to lead the Y2K team and do that. Q. When you refer to the first extended And to my support system, are you referring to -- what do you mean by that? A. Q. Can you clarify when -You used the term that that was the first What PeopleSoft-specific extended support system. is -A. Q. That I had -- was directly involved in. That you were involved in. But by the term "extended support" -- because that was a term that was used at TomorrowNow, as well; right? Merrill Legal Solutions (800) 869-9132 4f7970f0-3ba8-4fad-84bd-ede4c3fae1a4 ANDREW NELSON February 26, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 71 10:34:11 10:34:13 10:34:13 10:34:15 10:34:15 10:34:16 10:34:21 10:34:25 10:34:29 10:34:31 10:34:34 10:34:38 10:34:44 10:34:48 10:34:51 10:34:58 10:35:00 10:35:03 10:35:07 10:35:07 10:35:08 10:35:10 10:35:17 10:35:21 10:35:24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Extended support. A. Q. Mm-hmm. You have to answer audibly for the transcript. A. Q. Yes. By extended support do I understand you to mean the development of these types of, for example, tax and regulatory updates for releases that are past their maintenance end date? A. Well, just to make sure I am as clear as possible, the software vendor sets a release retirement date. And extended support, as I understood it, was to extend the life of that release, with more support beyond the date set by the vendor. Q. Included in that would be the delivery of the necessary tax and regulatory updates in order to stay current with laws and regulations as they change? A. Q. Generally, yes. And you used the term "retrofit." What did you mean by that? A. The process in that extended support through which we provided the fixes to those customers who were needing that extended support Merrill Legal Solutions (800) 869-9132 4f7970f0-3ba8-4fad-84bd-ede4c3fae1a4 ANDREW NELSON February 26, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 72 10:35:27 10:35:29 10:35:31 10:35:43 10:35:46 10:35:53 10:35:56 10:35:59 10:36:01 10:36:05 10:36:10 10:36:16 10:36:19 10:36:21 10:36:25 10:36:28 10:36:31 10:36:32 10:36:34 10:36:41 10:36:45 10:36:46 10:36:49 10:36:52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 through Y2K. Q. What would -- how would you describe that process more specifically? A. We would -- the -- the customer still paid And so they maintenance to the software company. would -- while they had the rights to the new releases and the new updates and the new fixes, their business needs were to stay on the older release. But because they still had the rights to those new software updates as a typical part of annual maintenance, they would use that and, by looking at that new release and the new changes in that new release, and the old changes, they would go and try to retrofit, you know, the changes that were regulatory in the one release into the older release that they -- had business value at the time to continue to use. Q. And is this part of what you were doing in the capacity of consulting to PeopleSoft and providing extended support to these customers around Y2K? A. That's one of many things that I did, was to manage that overall process and to -- you know, to manage the process. TEXT REMOVED - NOT RELEVANT TO MOTION Merrill Legal Solutions (800) 869-9132 4f7970f0-3ba8-4fad-84bd-ede4c3fae1a4 ANDREW NELSON February 26, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 84 TEXT REMOVED - NOT RELEVANT TO MOTION 11:07:34 11:07:37 11:07:40 11:07:42 11:07:49 11:07:53 11:07:54 19 20 21 22 23 24 25 MR. HOWARD: Q. Now, would you agree that, in the course of providing extended support services, TomorrowNow would from time to time use an environment that had originated from one customer's software in the course of creating a deliverable for a different customer? MR. FUCHS: Objection to form. Merrill Legal Solutions (800) 869-9132 4f7970f0-3ba8-4fad-84bd-ede4c3fae1a4 ANDREW NELSON February 26, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 85 11:07:56 11:07:58 11:08:04 11:08:07 11:08:09 11:08:14 11:08:16 11:08:17 11:08:21 11:08:31 11:08:39 11:08:41 11:08:43 11:08:47 11:08:50 11:08:52 11:08:55 11:08:58 11:08:58 11:09:00 11:09:06 11:09:07 11:09:11 11:09:11 11:09:16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: I am again hoping you can There are many clarify "extended support." different support offerings that we had at many different times with different products. If you could break that down for me, or somehow rephrase that, I would appreciate it. MR. HOWARD: Q. Well, I am thinking of the services that TomorrowNow provided to customers who were still on maintenance, but for a release that had been de-supported by PeopleSoft. description that makes sense to you? A. When you say "still on maintenance," we Are Is that a offered annual maintenance support services. you talking about our maintenance? still on maintenance -Q. A. services? Q. Right. When you say I am talking about PeopleSoft maintenance. Still on the original vendor's maintenance But TomorrowNow is supporting a release which is being de-supported, like 702, for example. A. Q. A. Like HRMS 702? Correct. Okay. So HRMS 702 becomes a retired And I am clear on release by the software vendor. Merrill Legal Solutions (800) 869-9132 4f7970f0-3ba8-4fad-84bd-ede4c3fae1a4 ANDREW NELSON February 26, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 86 11:09:21 11:09:21 11:09:24 11:09:25 11:09:25 11:09:26 11:09:29 11:09:34 11:09:37 11:09:42 11:09:46 11:09:47 11:09:52 11:09:54 11:09:56 11:09:59 11:10:01 11:10:05 11:10:08 11:10:09 11:10:12 11:10:16 11:10:18 11:10:23 11:10:25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that. Can you repeat the question? thinking, I think, more clear -Q. A. Q. Sure. -- on what you are talking about. And so for these customers in this I am now universe TomorrowNow is providing this extended support services using this retrofit model of creating tax and regulatory updates; right? MR. FUCHS: THE WITNESS: Objection to form. When you say "this model," can you -- can you help me understand the specific part of the model that you are referring to? MR. HOWARD: Q. I am talking about the creation of tax and regulatory updates by retrofitting in the way that you have described that would be done. So, you would retrofit from a Do you supported release to a de-supported release. recall that? A. At a very high level I do recall that. As I said before, there were, even in the example that you gave about how we even got the software, there are definitely differences between how it was done. But at a high level we did follow that, if that's what you mean by retrofit model. Merrill Legal Solutions (800) 869-9132 4f7970f0-3ba8-4fad-84bd-ede4c3fae1a4 ANDREW NELSON February 26, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 91 TEXT REMOVED - NOT RELEVANT TO MOTION 11:16:59 11:17:03 11:17:09 11:17:11 11:17:14 11:17:18 11:17:21 11:17:24 11:17:26 11:17:28 11:17:30 11:17:33 11:17:34 11:17:38 11:17:43 11:17:47 11:17:50 11:17:52 11:17:56 11:18:01 11:18:09 11:18:14 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HOWARD: Q. All right. Now, we briefly touched on a different business model that TomorrowNow had adopted which related to the provision of support for currently supported releases; right? A. Releases that were currently supported by the vendor, by the software vendor. Q. A. Q. Right. I recall we briefly touched on that. And that's -- is that what was generally referred to within TomorrowNow as the critical support model? MR. FUCHS: THE WITNESS: Objection to form. That was one -- that would have been included as a component of that, but as a component only. MR. HOWARD: Q. And as part of the critical support offering, TomorrowNow would provide tax and regulatory updates for its customers on PeopleSoft HR software? A. Would have been customary, yes, that and other products. Merrill Legal Solutions (800) 869-9132 4f7970f0-3ba8-4fad-84bd-ede4c3fae1a4 ANDREW NELSON February 26, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 92 11:18:15 11:18:17 11:18:23 11:18:27 11:18:29 11:18:32 1 2 3 4 5 6 Q. And, for example, from the beginning of that model sometime in 2004, there were regularly scheduled tax and regulatory updates that TomorrowNow delivered to its customers in the critical support model; right? A. Most likely, yes. TEXT REMOVED - NOT RELEVANT TO MOTION Merrill Legal Solutions (800) 869-9132 4f7970f0-3ba8-4fad-84bd-ede4c3fae1a4 February 26, 2009 ANDREW NELSON HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 2 64 TEXT REMOVED - NOT RELEVANT TO MOTION n,41,13 17,41,13 17,41,13 17 18 19 ~O I d e c l a r e u n d e r p e n a l t y o f p e c j u r y =I,e SUbscri,bcd/at foregoing i s true and correct. _ _ _ _ _ _ _ _ , ca~>~j1>rnia,/h.is _ _ d a y of 17,n,]3 1'1:41:13 ,2009. 21 27 23 74 25 /./",. / _~t,::<'Rt. ...:.:---- ,://' ~/... ,'. ,./ /:/ ,~./ ' 17 ''l1' 1 3 Andrew Nelson Merrill Legal Solutions (800) 869-9132 4 f 7 9 7 0 f O - 3 b a 8 - 4 f a d - 8 4 b d - e d e 4 c 3 f a e 1 a4 1 C E R T I F I C A T E OF REPORTER I, SARAH LUCIA BRANN, a Certified 2 3 4 5 6 7 8 9 10 11 Shorthand Reporter, hereby certify that the witness i n t h e f o r e g o i n g d e p o s i t i o n w a s b y me d u l y s w o r n t o tell the truth, the whole truth, and nothing but the truth in the within-entitled cause; That said deposition was taken in shorthand by me, a disinterested person, at the time and that the testimony of and place therein stated, the s a i d witness was t h e r e a f t e r reduced to typewriting, by computer, supervision; That before completion of the deposition, review of the transcript requested. deponent If requested, [Xl u n d e r my d i r e c t i o n a n d 12 13 14 15 16 17 18 19 20 21 22 23 24 was [ 1 was not any changes made by the during the (and provided to the reporter) period allowed are appended hereto. I f u r t h e r c e r t i f y t h a t I am n o t o f c o u n s e l or attorney for either or any of the parties to the said deposition, nor i n any way i n t e r e s t e d in the a n d t h a t I am n o t r e l a t e d t o event of this cause, any of the parties thereto. DATED: March 2, 2009 _ _.-L it:d tI~ .J - .J: ~-t(/'C~'7?7~/,-- _ 3887 25 SARAH LUCIA BRANN, CSR N o . 265 Merrill Legal Solutions 415.357.4300

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