Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 1362

Unredacted Exhibits to Musika Declaration in Support of Apple's Opposition to Samsung's Daubert Motion re 1256 Order on Administrative Motion to File Under Seal, (Dkt. No. 991) by Apple Inc.. (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G, # 5 Exhibit H, # 6 Exhibit I, # 7 Exhibit J, # 8 Exhibit L, # 9 Exhibit M, # 10 Exhibit N, # 11 Exhibit O, # 12 Exhibit P, # 13 Exhibit Q, # 14 Exhibit R, # 15 Exhibit V, # 16 Exhibit W, # 17 Exhibit X)(Jacobs, Michael) (Filed on 7/26/2012) Modified text on 7/27/2012 (dhm, COURT STAFF).

Exhibit C
(Submitted Under Seal)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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APPLE, INC., a California
corporation,

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Plaintiff,
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VS.
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SAMSUNG ELECTRONICS CO.,
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LTD., a Korean business
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entity; SAMSUNG ELECTRONICS )
AMERICA, INC., a New York
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corporation; SAMSUNG
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TELECOMMUNICATIONS AMERICA, )
LLC, a Delaware limited
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liability company,
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Defendants.
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NO. 11-cv-01846-LHK

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ORAL AND VIDEOTAPED DEPOSITION OF
JUSTIN DENISON
JANUARY 25, 2012
HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

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Job No: 45459
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ORAL AND VIDEOTAPED DEPOSITION of

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JUSTIN DENISON, produced as a witness at the instance

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of the Plaintiff, and duly sworn, was taken in the

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above-styled and -numbered cause on the 25th day of

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January, 2012, from 9:09 a.m. to 5:10 p.m., before

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Therese J. Casterline, Registered Merit Reporter,

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Certified Realtime Reporter, Certified Shorthand

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Reporter in and for the State of Texas, reported by

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machine shorthand, at the offices of Regus, 4514 Cole

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Avenue, Suite 600, in the City of Dallas, County of

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Dallas, State of Texas, pursuant to the Federal Rules

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of Civil Procedure and the provisions stated on the

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record.

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09:09

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09:09

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THE VIDEOGRAPHER:

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The date is January 25th, 2012.

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I'm Richard Buckelew, the videographer.

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reporter is Therese Casterline.

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after which the court reporter will swear in the

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witness.

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McElhinny.

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represent Apple, from Morrison & Foerster.

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P R O C E E D I N G S
MR. BRINKMAN:

We'll mark the deposition

as confidential.
We're now on record.
The time is 9:09 a.m.
The court

This is the deposition of Justin Denison
in the case of Apple, Incorporated versus Samsung
Electronics Company.
Counsel will please introduce themselves,

MR. McELHINNY:

My name is Harold

I'm here with Julia Kripke, and we

MR. BRINKMAN:

My name is Paul

Brinkmanship from Quinn Emanuel.
MS. HAN:

We represent Samsung.

Julie Han from Samsung.

JUSTIN DENISON,
having been first duly sworn, testified as follows:
EXAMINATION
BY MR. McELHINNY:
Q.

Good morning, Mr. Denison.

You heard me; I

introduced myself before the deposition started.

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My

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name is Harold McElhinny, and I'm an attorney for

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Apple.

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A.

Good morning.

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Q.

Sir, I'm going to ask you a series of

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questions.

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you a series of questions.

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reporter to my right is going to take those questions

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that I ask and your questions down and create a

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transcript of today's proceedings.

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A.

I understand.

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Q.

And do you understand that that -- that

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transcript may be used in a court of law in connection

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with the lawsuit between Apple and Samsung?

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A.

I understand.

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Q.

Okay.

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A.

Yes, I do take medication.

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Q.

And does the medication have side effects that

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A.

No.

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Q.

Okay.

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Burkett Drive, B-U-R-K-E-T-T Drive, Frisco, Texas

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75034.

You just took an oath.

I'm going to ask

As you know, the court

Do you understand

that?

Are you taking any medication today?

complicate your ability to understand questions?

Could you tell us your full name and

your home address, please.
A.

Justin Ryan Denison.

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Home address is 5558

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Q.

By whom are you employed, Mr. Denison?

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A.

Samsung Telecommunications America.

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Q.

And what is the address of that organization?

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1301 East Lookout Drive, Richardson, Texas

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Q.

Do you have a title, sir?

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A.

Chief strategy officer.

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Q.

Is there a chief executive officer of Samsung

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A.

His formal title is president.

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Q.

President.

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A.

Dale Sohn, S-O-H-N.

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Q.

Is Samsung Telecommunications of America

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A.

It is.

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Q.

And are you comfortable if I use that?

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A.

Yes.

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Q.

Okay.

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A.

STA is in charge of the sales and marketing

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for mobile devices, mobile wireless infrastructure

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equipment, and enterprise PBX systems in the United

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States.

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Q.

75082.

Telecommunications of America?

And what's his name?

sometimes referred to by the acronym STA?

What -- what is the business of STA,

sir?

And can I have the second one -- mobile

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ever was produced or shared or whether it was simply a

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draft, so I can't say whether this definitively or

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comprehensively ever captured the goals of STA.

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Q.

For 2011?

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A.

For 2011.

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Q.

Okay.

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goal to be -- in 2011 to become number 1 in

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smartphones?

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A.

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a goal.

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Q.

All right.

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A.

-- earlier.

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Q.

-- did it have -- did it have a specific goal

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definition, we have to sell more than every one of our

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competitors, Apple including.

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A.

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smartphones.

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Q.

Q.

Was there a time at which this document

accurately stated what the goals were for 2011?
A.

To be sure, I don't even know if this document

Yes.

And at -- at any time did STA have a

I would say, generally speaking, that's

I think I indicated that -Did --

in 2011 to beat Apple?
A.

Q.

To be number 1 in smartphones, that means, by

Was it part of your goals to specifically

focus on Apple as is set out in this document?
Our goal was to specifically be number 1 in

So the answer to my question is yes or no?

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Q.

With no special focus on Apple?

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A.

Inasmuch as they're one of our smartphone

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competitors, they're just another competitor that we

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try to beat.

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Q.

So no special or unusual emphasis on Apple?

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A.

No.

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Q.

Okay.

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average selling price versus what we believe the

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average market selling price is.

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Q.

What does API actually stand for?

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A.

I actually don't know.

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Q.

Okay.

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A.

Well, I --

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Q.

Strike that.

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page 256519.

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A.

I see that.

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Q.

There's a section here that says, summary of

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potential 2011 trends and disruptions for

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consideration.

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A.

I think the best answer I can give is our goal

was to beat all smartphone vendors.

Well, what does it mean here when it

says, 100 API by fourth quarter 2011?
A.

API generally refers to an index of Samsung's

And you didn't adopt this goal?

Okay.

A.

Forget it.
If you look starting on

Do you see that?

I see that.

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I, JUSTIN DENISON, have read the foregoing

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deposition and hereby affix my signature that same is

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true and correct, except as noted above.

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____________________________

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JUSTIN DENISON

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THE STATE OF ________)

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COUNTY OF ___________)

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Before me, ________________________, on this

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day personally appeared JUSTIN DENISON, known to me (or

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proved to me under oath or through ________________)

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(description of identity card or other document) to be

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the person whose name is subscribed to the foregoing

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instrument and acknowledged to me that they executed

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the same for the purposes and consideration therein

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expressed.

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Given under my hand and seal of office this
________ day of ________________, 2012.

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________________________

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NOTARY PUBLIC IN AND FOR

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THE STATE OF ___________

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My commission expires: ___________________________

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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5

APPLE, INC., a California

)

corporation,

)

6

)
Plaintiff,

)

7

)
VS.

)

8

)
SAMSUNG ELECTRONICS CO.,

9

NO. 11-cv-01846-LHK

)

LTD., a Korean business

)

entity; SAMSUNG ELECTRONICS )
10

)

corporation; SAMSUNG
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AMERICA, INC., a New York

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TELECOMMUNICATIONS AMERICA, )
LLC, a Delaware limited

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)

liability company,

)
)

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Defendants.

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REPORTER'S CERTIFICATION

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ORAL AND VIDEOTAPED DEPOSITION OF JUSTIN DENISON

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JANUARY 25, 2012

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I, Therese J. Casterline, Registered Merit

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Reporter, Certified Realtime Reporter, Certified

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Shorthand Reporter in and for the State of Texas, do

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hereby certify that there came before me on the 25th

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day of January, 2012, at the offices of Regus, located

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at 4514 Cole Avenue, Suite 600, Dallas, Texas, the

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following named person, to wit:

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was duly sworn to testify the truth, the whole truth,
TSG Reporting - Worldwide

JUSTIN DENISON, who

877-702-9580

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and nothing but the truth of knowledge touching and

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concerning the matters in controversy in this cause;

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and that he was thereupon examined upon his oath and

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his examination reduced to typewriting under my

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supervision; that the deposition is a true record of

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the testimony given by the witness, that review by the

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witness was requested on the record, and signature of

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the witness is to be signed before any notary public.

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I further certify that I am neither attorney

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nor counsel for nor related to any of the parties to

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the action in which this deposition is taken, and

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further that I am not a relative or employee of any

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attorney or counsel employed by the parties hereto, or

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financially interested in this action.

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Given under my hand on this the 25th day of
January, 2012.

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__________________________________
Therese J. Casterline, Texas CSR

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5001, Expiration Date:

12-31-13

Firm Registration No. 615
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747 Third Avenue

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New York, New York
[phone]

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