Securities And Exchange Commission v. Leslie et al

Filing 157

ORDER REGARDING MID-DEPOSITION DISPUTE. Signed by Judge Patricia V. Trumbull on October 2, 2009. (pvtlc2, COURT STAFF) (Filed on 10/2/2009)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION U.S. SECURITIES & EXCHANGE COMMISSION, ) ) ) ) Plaintiff, ) v. ) ) MARK LESLIE, ET AL., ) ) Defendants. __________________________________ ) Case No.: C 07-03444 JF (PVT) ORDER REGARDING MIDDEPOSITION DISPUTE

On October 2, 2009, the court conducted a telephonic hearing regarding a dispute that had arisen during the deposition of the expert witness, Jay Howell.1 A. David Williams appeared on behalf of the U.S. Securities & Exchange Commission. Robert Schaffer appeared on behalf of defendant Paul A. Sallaberry. Danielle P. Van Wert appeared on behalf of defendant Kenneth E. Lonchar. William Keane appeared on behalf of defendant Mark Leslie. Based on the arguments presented, IT IS HEREBY ORDERED that defendant Sallaberry's objections regarding arguably broadly- phrased questions, such as "Do you agree or disagree with [specific sections of] the report of the rebuttal witness?" and "Do you agree or disagree with [certain allegations alleged in] the complaint?" are overruled.

ORDER, page 1

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IT IS FURTHER ORDERED that defendant Sallaberry's objections to questions relating to the application of accounting principles to the particular transaction at issue are sustained. Defendant Sallaberry represents that other expert witnesses will later testify regarding these questions. Dated: October 2, 2009 ____________________________ PATRICIA V. TRUMBULL United States Magistrate Judge

ORDER, page 2

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