AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 138

LARGE ADDITIONAL ATTACHMENT(S) by PUBLIC.RESOURCE.ORG, INC. 136 Second MOTION for Summary Judgment filed by PUBLIC.RESOURCE.ORG, INC., 137 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by PUBLIC.RESOURCE.ORG, INC. (This document is SEALED and only available to authorized persons.) filed by PUBLIC.RESOURCE.ORG, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Errata 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 FILED UNDER SEAL, # 39 Exhibit 39 FILED UNDER SEAL, # 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 FILED UNDER SEAL, # 50 Exhibit 50 FILED UNDER SEAL, # 51 Exhibit 51 FILED UNDER SEAL, # 52 Exhibit 52 FILED UNDER SEAL, # 53 Exhibit 53 FILED UNDER SEAL, # 54 Exhibit 54 FILED UNDER SEAL, # 55 Exhibit 55 FILED UNDER SEAL, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58 FILED UNDER SEAL, # 59 Exhibit 59 FILED UNDER SEAL, # 60 Exhibit 60 FILED UNDER SEAL, # 61 Exhibit 61 FILED UNDER SEAL, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69 FILED UNDER SEAL)(Bridges, Andrew)

EXHIBIT 36

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
______________________________
AMERICAN EDUCATIONAL
RESEARCH ASSOCIATION, INC.

)
)
)
AMERICAN PSYCHOLOGICAL
)
ASSOCIATION, INC.; and
)
)
NATIONAL COUNCIL ON
)
MEASUREMENT IN EDUCATION,
)
INC.;
)
)
Plaintiffs-Counterdefendants )
)
vs.
)
)
PUBLIC.RESOURCE.ORG, INC.,
)
Defendant-Counterclaimant
)
______________________________

Case No.
1:14-cv-00857
TSC-DAR

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13

Videotaped 30(b)(6) Deposition of

14

AERA, APA and NCME
through the testimony of
Felice J. Levine, Ph.D.
Washington, D.C.
August 16, 2019

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16
17

9:51 a.m.

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19

Reported by:

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Bonnie L. Russo

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Job No.

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PAGES 1 - 87

3475330

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

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Videotaped 30(b)(6) Deposition of AERA, APA and

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NCME through the testimony of Felice J. Levine,

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Ph.D. held at:

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12

Spaces

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1441 L Street, N.W.

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Washington, D.C.

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Pursuant to Notice, when were present on behalf

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of the respective parties:

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[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

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APPEARANCES:

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On behalf of Plaintiffs/Counterdefendants:

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5

CLIFTON S. ELGARTEN, ESQ.
CROWELL & MORING, LLP
1001 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
202-624-2523

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[e-mail]

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On behalf of Defendant/Counterplaintiff:
SHANNON TURNER, ESQ.
FENWICK & WEST, LLP
Silicon Valley Center
801 Mountain View, California 94041
650-335-7844

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[e-mail]
-andMATTHEW BECKER, ESQ.

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FENWICK & WEST, LLP

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555 California Street
12th Floor
San Francisco, California 94104
650-335-7930
[e-mail]

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Also Present:

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Deanne M. Ottaviano, Esq., General Counsel,

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American Psychological Association

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Daniel Russo, Videographer

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C O N T E N T S

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EXAMINATION OF FELICE J. LEVINE, Ph.D.

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PAGE

BY MS. TURNER

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Exhibit 1300

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Public.Resource.Org,
Inc.'s Rule 30(b)(6)
Deposition Notice of
American Psychological
Association Inc.

Exhibit 1302

Public.Resource.Org,
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Inc.'s Rule 30(b)(6)
Deposition Notice of
National Council on
Measurement in Education, Inc.

Exhibit 1303

PlaintiffsCounterdefendants'
Response and Objections

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17

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to Public.Resource.Org's
Second Set of Requests
for Production

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19

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Exhibit 1301

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EXHIBITS
Public.Resource.Org,
Inc.'s Rule 30(b)(6)
Deposition Notice of
American Educational
Research Association, Inc.

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PlaintiffsCounterdefendants'
Response to
Public.Resource.Org's
Third Set of Requests

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for Production

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Exhibit 1304

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EXHIBITS (CONTINUED):
Exhibit 1305

Plaintiffs-

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Counterdefendants'

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Responses to

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Public.Resource.Org's

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Second Set of Interrogatories

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Exhibit 1306

Standards for

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Educational and

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Psychological Testing

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Sales Report

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AERA_APA_NCME_RFP2_0000027

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Exhibit 1307

American Educational

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Research Association

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Standards for Educational

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and Psychological Testing

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(2014 Edition)

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2014 Sales Reports

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Showing the Number of Sales

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of Specific Units Sold

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AERA_APA_NCME_RFP2_0000001-26

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EXHIBITS (CONTINUED):
Exhibit 1308

Standards for Educational

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& Psychological Testing

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(2014 Edition)

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Exhibit 1309

1999 Standards

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Exhibit 1310

AERA Book Order Form

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9
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PREVIOUSLY MARKED EXHIBITS:

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Exhibit 1207

Standards for Educational

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and Psychological Testing

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Sales Report, 1999 Edition

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Exhibit 1208

Standards for Educational

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and Psychological Testing

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Sales Report

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[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

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P R O C E E D I N G S

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THE VIDEOGRAPHER:

Good morning.

We

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are going on the record at 9:51 a.m. on August

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16, 2019.

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Please note that the microphones are

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sensitive and may pick up whispering, private

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conversations and cellular interference.

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Please turn off all cell phones or place them

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away from the microphones as they can interfere

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with the deposition audio.

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recording will continue to take place unless

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all parties agree to go off the record.

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Audio and video

This is Media Unit 1 of the 30(b)(6)

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video-recorded deposition of APA, NCME, AERA,

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through the testimony of Felice Levine taken by

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counsel for defendant in the matter of American

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Educational Research Association, Incorporated,

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American Psychological Association,

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Incorporated, and National Council on

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Measurement and Education, Incorporated,

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plaintiffs-counterdefendants versus

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

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Public.Resource.Org, Incorporated,

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defendant-counterplaintiff, filed in the United

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States District Court for the District of

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Columbia, Civil Action No.

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1:14-cv-00857-TSC-DAR.

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This deposition is being held at

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Spaces, located at 1441 L Street, Northwest,

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Washington, D.C.

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My name is Daniel Russo from the

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firm Veritext Legal Solutions and I'm your

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videographer today.

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Bonnie Russo from the firm Veritext Legal

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Solutions.

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The court reporter is

Counsel and all present in the room

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and everyone attending remotely will now state

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their appearances and affiliations for the

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record, please.

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MS. TURNER:

Shannon Turner from

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Fenwick & West on behalf of

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Public.Resource.org.

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Matthew Becker from Fenwick & West.

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With me today is also

MR. ELGARTEN:

Cliff Elgarten,

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

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Crowell & Moring.

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MS. OTTAVIANO:

Deanne Ottaviano,

APA.

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THE WITNESS:

Felice Levine on

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behalf of the American Educational Research

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Association, the American Psychological

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Association and the National Council of

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Measurement and Education.

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THE VIDEOGRAPHER:

Will the court

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reporter please swear in the witness.

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FELICE LEVINE,

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being first duly sworn, to tell the truth, the

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whole truth and nothing but the truth,

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testified as follows:

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EXAMINATION BY COUNSEL FOR DEFENDANT

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BY MS. TURNER:

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Q.

Good morning.

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A.

Hi.

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Q.

Will you please state your name and

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spell it for the record.
A.

Sure.

Felice, F-E-L-I-C-E, middle

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

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initial is J, Levine, L-E-V-I-N-E.
Q.

My name is Shannon Turner and I will

be taking your deposition today.

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Have you ever been deposed before?

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A.

Yes.

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Q.

And how many times?

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A.

Once.

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Q.

What case was that?

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A.

This case.

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Q.

Great.

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So are you the same Felice

Levine who has given testimony in this case?

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A.

To the best of my knowledge.

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Q.

Great.

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And have you ever testified

at trial?

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A.

No.

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Q.

And have you ever testified for

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anyone other than AERA?

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A.

No.

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Q.

I'm going to ask you a series of

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questions today and the court reporter is going

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to record your answer.

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Do you understand?

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A.

Yes.

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Q.

And your answers are under oath and

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under penalty of perjury so it's the same as

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though you're in front of a court and a judge

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and a jury.

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Do you understand?

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A.

Uh-huh.

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Q.

If I ask a question and anything is

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unclear or ambiguous, please ask me to rephrase
the question.

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A.

Okay.

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Q.

If you don't ask me to clarify, then

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I'm going to assume that you understand the

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question.

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If you need a break at any time,

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please let me know and as long as a question is

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not pending, we can break.

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A.

Okay.

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Q.

And please verbalize your answer so

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that the court reporter can write them down.

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Let me finish a question before you answer,

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that way we are not talking over each other.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

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A.

Okay.

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Q.

So, you know, no head nods, uh-uhs,

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uh-huhs, because that can be hard for the court

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reporter to write down.

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6

Is there any reason you cannot
provide truthful and accurate testimony today?

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A.

No reason at all.

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Q.

Are you taking any medication that

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would affect your ability to give truthful
answers?

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A.

No.

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Q.

Great.

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A.

Yes.

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Q.

By whom?

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A.

American Educational Research

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Are you employed?

Association.

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Q.

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there?

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A.

Executive director.

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Q.

Can you please state your work

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Great.

And what is your title

address for the record.
A.

Yes.

1430 K Street, Northwest,

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

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Washington, D.C. 20005, Suite 1200.
Q.

Thank you.

What did you do to

prepare for today's deposition?
A.

I essentially reread my filings.

I

thought I might read my prior deposition.

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Q.

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testimony?

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A.

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Did you review your prior deposition

Really only a few pages.

A little

discussion that Mark and I had, it was a little

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joke I made.

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That's good.

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Q.

A.

Did you review any documents to help

Just the fillings that I submitted.
MS. TURNER:

I'll ask the court

reporter to mark this as Exhibit 1300.

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You just laughed.

refresh your recollection?

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You laughed.

(Deposition Exhibit 1300 was marked
for identification.)

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BY MS. TURNER:

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Q.

Do you recognize this document?

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A.

I do.

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Q.

And what is it?

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

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A.

This was the filing that set forth,

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I suppose, primarily focused on the topics of

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examination but the issues that we might

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discuss today.

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6

Q.

Is this a 30(b)6) notice to American

Educational Research, Inc.?

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MR. ELGARTEN:

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THE WITNESS:

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BY MS. TURNER:

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Q.

We agree it is.
Yes.

And you understand you are produced

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as a witness designated to answer questions on

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behalf of AERA today?

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A.

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MS. TURNER:

(Deposition Exhibit 1301 was marked
for identification.)

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If I could have the

court reporter mark as Exhibit 1301.

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Correct, yes.

BY MS. TURNER:
Q.

Do you recognize this document?
MR. ELGARTEN:

You can put the other

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one in front of her and we will agree that she

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is testifying on behalf of all three

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

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organizations.

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THE WITNESS:

I see.

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MR. ELGARTEN:

We will agree that

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she's testifying on behalf of all three

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organizations and this was per agreement with

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Mr. Becker.

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8

MS. TURNER:

(Deposition Exhibit 1302 was marked
for identification.)

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MR. ELGARTEN:

MS. TURNER:

If we can have the

court reporter mark this as 1303.

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16

The deposition is

half over already.

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14

So if you could

mark this as Exhibit 1302.

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10

Great.

(Deposition Exhibit 1303 was marked
for identification.)

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BY MS. TURNER:

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Q.

Are you familiar with this document?

19

A.

Yes.

20

Q.

What is this document?

21

A.

These were the questions that you

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all posed and that I responded to.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

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Q.

Great.

And you understand that

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these are plaintiff's written responses to

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Public.Resource.Org's request for documents?

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A.

Correct.

5

Q.

Did AERA search for documents in

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response to these requests?

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A.

I did.

8

Q.

And how did AERA go about searching

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10

for documents?
A.

I looked through our files that were

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saved information in our share drive where we

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have information on this and through e-mails,

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as did two other colleagues.

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Q.

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documents?

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A.

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19

Did you look for any hard copy

I suppose I did.

I mean, I went

through the stack of our material.
Q.

And did AERA produce documents in

response to these requests?

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A.

Yes.

21

Q.

And did AERA withhold any documents

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it otherwise found in its search?

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A.

No.

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Q.

And did APA search for documents in

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response to these requests?

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7
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A.
did.
Q.

And how did APA go about searching

for documents?
A.

I am assuming a similar mechanism,

hard copy files, to the extent -- to the extent
we have them and electronic.
Q.

Okay.

And did APA produce documents

in response to these requests?

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14

To the best of my knowledge, they

MR. ELGARTEN:

I will tell you all

documents were produced by all three parties.

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THE WITNESS:

Although I think the

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ones I had are the ones that were responsive.

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Everybody responded.

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BY MS. TURNER:
Q.

Do you know if the APA withheld any

documents it otherwise found in its search?
A.

I am sure as a long-standing member

of APA, they withheld nothing.

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Q.

Thank you.

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A.

I'm less of a long-standing -- I'm

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sure they withheld nothing.

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5

And for NCME as well?

MR. ELGARTEN:

The nature of the

NCME --

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THE WITNESS:

I was going to say,

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NCME is a smaller organization of the three of

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us and they don't really -- they have a

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management company managing the association so

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there is nothing really they would have that I

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wouldn't have.

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BY MS. TURNER:

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Q.

Do you know if NCME searched for

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documents?

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A.

Yeah, I'm sure they did across

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e-mails, but they are more likely to have

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things that I sent them as attachments by

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virtue of being part of the management

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committee of the testing standards project.

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Q.

And do you know if NCME withheld any

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documents?

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A.

I am -- I'm sure they didn't.

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Q.

Okay.

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A.

As sure as one could be who is not

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the executive director of NCME.

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MS. TURNER:

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1304, please.

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7

We will mark as Exhibit

(Deposition Exhibit 1304 was marked
for identification.)

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BY MS. TURNER:

9

Q.

And are you familiar with this

10

document?

11

A.

Yes.

12

Q.

And you understand that these are

13

plaintiff's written responses to

14

Public.Resource.Org's third request for

15

documents?

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A.

Uh-huh.

17

Q.

Did AERA search for documents in

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response to these requests?

19

A.

Yes.

20

Q.

How did AERA go about searching?

21

A.

Essentially have testing standards

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material and this case material in my office.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

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I went through the hard copies, but most things

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I know I have electronically even if a hard

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copy doesn't exist.

4

Q.

Did AERA produce documents --

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A.

Yes.

6

Q.

-- in response?

7

A.

Yes.

8

Q.

Did AERA withhold any documents in

9

response?

10

A.

No.

11

Q.

What about APA?

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Did APA search for

documents in response to these requests?

13

A.

Yes.

14

Q.

And how did they go about searching?

15

A.

I am assuming the same way.

16

Q.

Okay.

17

Did APA produce documents in

response to these requests?

18

A.

Yeah.

19

Q.

Did APA withhold any documents?

20

A.

Not to my knowledge.

21

Q.

Great.

22

Same response.

And for NCME, did NCME

search for any documents responsive to these

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

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2
3

requests?
A.

Yes.

They all -- we all received

this and searched and provided anything we had.

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Q.

Okay.

5

searching?

6

A.

And how did NCME go about

There's probably less of a stack

7

anywhere because there isn't someone who is

8

staffing NCME on this, but went through e-mails

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and whatever someone might have had in print.

10
11

Q.

Did NCME withhold any documents in

response to these requests?

12

A.

No, not to my knowledge.

13

Q.

If you could turn to Page 2, please.

14

A.

Of the last one?

15

Q.

Yes, of the last one.

16

A.

Okay.

17

Q.

If you look at the bottom of the

18

page, you see Request for Production No. 44?

19

A.

Uh-huh.

20

Q.

The requests asks for all documents

21

not previously produced on which you intend to

22

rely in this litigation.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

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Do you see that request?

2

A.

Uh-huh.

3

Q.

Okay.

If you turn the page, the

4

plaintiffs' response, it states that:

5

"Plaintiffs have already produced or are

6

producing all documents on which they intend to

7

rely on this litigation, but note they have not

8

made any final determination."

9

Do you see that response?

10

A.

Yes.

11

Q.

When the plaintiffs respond "or are

12

producing," what does that mean?

13

MR. ELGARTEN:

This is my language

14

because this asked what we're going to rely on

15

as a legal matter in the case, so you could ask

16

that question of me.

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18
19

MS. TURNER:

Well, these are also

plaintiffs' responses to the document request.
MR. ELGARTEN:

That's right, and I

20

answered this question because I make the

21

determination of what we're going to rely on

22

ultimately in the case, and I do this in

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

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1

consultation with Ms. Levine in connection with

2

this, and so if you want to pose this question

3

to me, you can, but you can't make the judgment

4

about what we legally -- the documents to rely

5

on.

6

MS. TURNER:

I understand that's a

7

legal question but what I wanted to ask Dr.

8

Levine is the language "or are producing."

9

BY MS. TURNER:

10

Q.

So are plaintiffs withholding any

11

documents?

12

A.

No.

13

Q.

Okay.

No.

14

MR. ELGARTEN:

15

THE WITNESS:

Sorry.
Really, you got

16

everything the first time around, folks.

17

was -- this was a no-brainer to give you

18

whatever was left because there was nothing

19

left.

20

It

BY MS. TURNER:

21

Q.

Great.

Thank you.

22

A.

I mean, there were some things left

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

24
1

which we gave you, but unless you asked for new

2

forms of information.

3

MS. TURNER:

4

could please mark this as Exhibit 1305.

5
6

If the court reporter

(Deposition Exhibit 1305 was marked
for identification.)

7

BY MS. TURNER:

8

Q.

Are you familiar with this document?

9

A.

Yes.

10

Q.

What is this document?

11

A.

These were additional sets of

12

requests or questions that you asked and our

13

responses.

14

Q.

So you understand these are

15

plaintiffs' written responses to

16

Public.Resource.Org's interrogatories?

17

A.

Yes.

18

Q.

If you could just let me finish the

19

question.

20

A.

Sorry.

21

Q.

It's a little tough for the court

22

reporter to get it when we are talking over

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

25
1

each other.

2

A.

Okay.

3

Q.

If you could turn to Page 10,

4

please, which is the last page of the document.

5

A.

Uh-huh.

6

Q.

Is this your signature?

7

A.

Yes.

8

Q.

And it's verifying that the

9
10

statements in plaintiffs' responses are true
and correct?

11

A.

Correct.

12

Q.

Do you have any reason to believe

13

that any of the statements in here are

14

incomplete or incorrect?

15
16
17

A.

No, I have no reason to believe

that.
Q.

Okay.

Did plaintiffs withhold any

18

information responsive to these

19

interrogatories?

20

A.

No.

21

Q.

Thank you.

22

MS. TURNER:

The court reporter can

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

26
1

please mark this as Exhibit 1306.

2
3

(Deposition Exhibit 1306 was marked
for identification.)

4

MS. TURNER:

For the record, this is

5

a document produced by plaintiffs that is

6

identified as Bates No.

7

AERA_APA_NCME_RFP2_0000027.

8

BY MS. TURNER:

9

Q.

10

document?

11

Dr. Levine, do you recognize this

MR. ELGARTEN:

Well, we have two

12

different questions here.

I produced this

13

document from my files because I felt I had

14

told Mr. Becker -- I think it was Mr. Becker

15

that we looked for certain documents.

16

document was not present in the files of the

17

client, but it was present in my law firm files

18

and since I had said something to Mr. Becker

19

that I would try to find something, and he

20

asked, I said, I didn't think I could find real

21

old information but he asked and I really

22

didn't object to it.

This

I decided to produce this

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

27
1

to him.

2

So Ms. Levine had no role in this

3

because it followed the prior production, it

4

was pursuant to a discussion I had with Mr.

5

Becker.

6
7

MS. TURNER:

10

Was this document

produced by plaintiffs on behalf of plaintiffs?

8
9

I think it was you, Matt.

MR. ELGARTEN:

It is produced on

behalf of all plaintiffs, yes, and she may know
what it is because --

11

THE WITNESS:

12

I know what it is.

MR. ELGARTEN:

-- the original

13

source of the document was the client files, so

14

you can ask those questions but she doesn't

15

know that it was produced.

16

MS. TURNER:

Understood.

17

BY MS. TURNER:

18

Q.

Are you familiar with this document?

19

A.

Yeah.

20

I mean, I know what it is, I

can tell you what it is.

21

Q.

Do you believe this document is

22

authentic?

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

28
1

A.

Yes.

2

Q.

What is this document?

3

A.

This document is a sales report of

4

the 1999 edition of the testing standards and

5

the preceding edition before the 1999 edition.

6
7
8
9
10
11
12

Q.

Okay.

What was the preceding

edition?
A.

I think it was '85.

I don't

remember exactly the year without looking at
the -- I think it was '85.
Q.

Is this a document that is kept in

the ordinary course of business?

13

A.

This or something equivalent.

14

Q.

How is this document created?

15

A.

I'm going to not exactly guess, but

16

I'm going to extrapolate from my knowledge,

17

how's that, because I did not -- I didn't

18

become executive director until 2002.

19

Q.

Okay.

20

A.

And I had no contact with the prior

21

edition, so when I came in 19 -- 2002, the 1999

22

edition was already published.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

29
1

Q.

Okay.

2

A.

The prior edition was published by

3

-- on behalf of the three organizations by the

4

American Psychological Association.

5

was -- I'm going to assume a running tab, as it

6

were, of each year's sales for the years

7

preceding the 1999 edition.

8

Q.

Okay.

9

edition" --

10

A.

So this

When say, "preceding the 1999

The 1999 edition picks up with

11

probably the 1768 as my -- this will be my

12

guess, as the partial year sales of the 1999

13

edition.

14

Q.

Okay.

15

A.

Because that's what we did similarly

16

in triangulating to the new edition.

17

So this is the sales report then of

18

the 1999 edition through 2013, which was the

19

end of December 2013 when this issue arose in

20

2014.

21
22

Q.

Okay.

it says:

If you look at the line where

"1999 through 8-99," is it just --

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

30
1
2

can you tell what the time period is there?
A.

I'm going to allow -- again, infer

3

that this is the sales from -- from January

4

through -- January through August 1999, and

5

depending upon when it was literally published,

6

I suspect it might be the old edition.

7

-- there is usually kind of a crossover.

8
9
10
11

Q.

Okay.

I don't

Were there any sales between

August and December of 1999?
A.

I literally don't know but I can

only assume so.

12

Q.

Okay.

Is that --

13

A.

Although it may be crumped in the

14

2000 -- in other words, it might have been --

15

the new edition -- I don't know when the new

16

edition literally came out, so let's say it

17

came out in September, so it might have been

18

incorporated in to what you are seeing as 2000.

19

I don't believe there is a gap.

20

matter of when the cutoff of one edition

21

happened and when the new edition happened.

22

Q.

It's just a

So when calculating a sales number,

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

31
1

if a new edition comes out mid-year, let's say,

2

would that -- those numbers for the new

3

edition, the sales numbers be encompassed in

4

the following year's sales?

5

A.

Well, I can tell you about 2014.

6

You have that report.

2014, we continued to

7

monitor 1999 in 2014, and you will see

8

something that looks like July or August 2014

9

to the end of the year.

That is under my

10

watch.

11

under somebody else's watch.

12

I don't know exactly what happened

MR. ELGARTEN:

I believe Ms. Levine

13

is referring to the additional documents

14

showing sales figures that were provided to

15

you.

16

THE WITNESS:

Yeah.

Exactly.

So

17

that's how we do it now.

That's why I

18

extrapolated but logically, there is a little

19

bit of a hiatus so that side of the -- and I

20

don't know when it came out, so I suppose it

21

was either incorporated in or maybe it came out

22

at the end of the year.

Maybe it came out in

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

32
1

November 1999.

I just don't know.

2

It may have been so de minimis at

3

that point that it was really a 2000 -- the

4

beginning of the reported sales might have been

5

in 2000 depending upon when the release of that

6

edition happened.

7

I could go a step further.

It could

8

also be there is a little hiatus that they were

9

taking orders but then not selling because

10

maybe it didn't come out until November.

11
12
13

BY MS. TURNER:
Q.

Dr. Levine, do you want to take a

quick break?

14

A.

No, I'm fine.

15

Q.

I think we will take a quick break

16
17
18
19

right now if that's okay with you.
A.

Sure.
THE VIDEOGRAPHER:

the record.

We are going off

The time is 10:14.

20

(A short recess was taken.)

21

THE VIDEOGRAPHER:

22

on the record.

We are going back

The time is 10:20.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

33
1

MS. TURNER:

2

BY MS. TURNER:

3

Q.

Thank you.

Dr. Levine, during the break, did

4

you have an opportunity to review your prior

5

testimony in this case?

6

A.

I did.

7

Q.

Okay.

8

And I will introduce to you

previously marked Exhibit 1207.

9

A.

Thank you.

10

Q.

And I will represent that this was

11

marked during your previous deposition in this

12

matter.

13

And, Dr. Levine, if you could state

14

whether or not the Exhibit 1207 and Exhibit

15

1306, the numbers between 1999 and 2013 are the

16

same?

17

A.

Well, 1207 and 1306 are not

18

identical insofar as 1207 is reporting on the

19

1999 edition and 12 -- 1306 has information

20

about the prior edition which I believe is '85

21

but I would need to verify that by looking.

22

Q.

Thank you.

And if you can clear up

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

34
1

for the record, 1999 in 1306, what standard is

2

that -- are those sales for?

3
4
5
6

A.

In 1306, I believe they are the 1999

edition.
Q.

Okay.

Thank you.

And, Dr. Levine,

if you could turn back to 1306, Exhibit 1306.

7

A.

Uh-huh.

8

Q.

For the 19 -- if you see 1989 there

9

at the top through 1998.

10

A.

Uh-huh.

11

Q.

What versions of the standard are

12
13

encompassed in these sales units?
A.

I am going to -- I am going to --

14

1989 shows a number of 21,920, so therefore, in

15

my -- I am inferring therefore that that

16

encompasses -- it could encompass a prior

17

edition, four years of sales at 21,000, seems

18

to me like that 21,000 might aggregate a prior

19

edition.

20

Q.

Thank you, Dr. Levine.

21

A.

But I don't know.

22

Let's --

I mean, you know,

it's roughly -- you could see roughly 5,000 a

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

35
1

year times four years, it could be -- it could

2

be just '85 to '89.

3

estimate, within our set of typical rate of

4

production of sales in the early -- in the

5

early years of publication.

6

Q.

That's what I guess I'd

Thank you, Dr. Levine.

Just to

7

clarify for the record, are you speaking about

8

the entry for pre-1989?

9

A.

Yes, right, which says -- which is a

10

summated, pre-1989 is summated from '85 --

11

well, I don't know when it starts, but let's

12

say '85, '86, '87, '88, four years times X,

13

let's say four years times 4500 would give you

14

roughly this 21,000.

15
16
17
18
19
20

Q.

Thank you.

And so your testimony is

that this is the 1985 standard?
A.

If -- yeah.
MR. ELGARTEN:

I believe it's her

assumption or inference.
THE WITNESS:

Yes.

If we looked --

21

if we opened it up, it would say the last

22

edition was, and I think it's '85 but I didn't

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

36
1

go back and review that detail.

2
3
4

BY MS. TURNER:
Q.

Thank you.

And then for the 1989

through 1998, those numbers there --

5

A.

Uh-huh.

6

Q.

-- which standard is that for?

7

A.

'99.

8

Q.

So 1989 --

9

A.

I'm sorry.

'85 -- that continues

10

with the '85 through, let's say, the

11

presumptive '85 through 1998, so -- and not

12

atypically as the scientific and research and

13

practice community are anticipating a new -- an

14

updated revision like all of us, you know, want

15

the I10 and not the I8 so people are waiting

16

for the new edition of the -- the sales

17

declines not because of the lack of value of

18

the product but because the communities are

19

aware that a new edition is under preparation.

20

Q.

Thank you.

21

A.

Or new standards that will be

22

published in the new edition are under

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

37
1

preparation.

2
3

MS. TURNER:

reporter can please mark as Exhibit 1307.

4
5

And if the court

(Deposition Exhibit 1307 was marked
for identification.)

6

MS. TURNER:

And for the record,

7

this is a document produced by plaintiffs

8

identified as Bates

9

No. AERA_APA_NCME_RFP2_000001 through 26.

10
11
12

BY MS. TURNER:
Q.

Dr. Levine, do you recognize this

document?

13

A.

Yes.

14

Q.

What is this document?

15

A.

This document is aggregation of our

16

various sales reports from the 2014 edition

17

through -- what we've had in our files that you

18

asked us to produce, through 2018.

19
20

Q.

Do you believe this document

produced by plaintiffs is authentic?

21

A.

All of the pieces are authentic.

22

Q.

Thank you.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

38
1

A.

What I mean by that is, doesn't --

2

it wasn't prepared initially as one document.

3

It's several different pieces of documents for

4

different purposes, so as you see, additive

5

documents so they were not all produced at

6

once.

7
8

Q.

Thank you.

And as the aggregate,

this is authentic?

9

A.

Correct.

10

Q.

And is this --

11

A.

And it's everything we have.

12

Q.

Thank you.

And are these documents

13

that are in the aggregate, this document, is it

14

something that's kept in the ordinary course of

15

business?

16

A.

Yes.

17

Q.

And how was it created?

18

A.

It's created through our inventory

19

sales report, through our association

20

management system and through our financial

21

accounting system.

22

Q.

And do you know what association

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

39
1

management system that is?

2

proprietary?

3

A.

Is that

It's NOAH and I believe it's through

4

NOAH although we may keep the standards on a

5

separate spreadsheet, that are -- but it is

6

definitely through our own financial reporting

7

system.

8
9
10

Q.

Okay.

Thank you.

And if you could

please turn to what is identified as Page 7,
and can you tell me what this page is?

11

A.

Are these numbered?

12

Q.

If you look at the bottom, there is

13
14

a number.
A.

There are numbers.

15

Okay.

So this is our reporting of the

16

standards development fund from the end of --

17

for fiscal years 2014, '15, '16, '17, '18, at

18

that point unaudited and projected through

19

April 30, 2019.

20

Q.

And if you look under "Profit and

21

Loss," there is an entry for "Publication

22

Income."

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

40
1

Do you see that?

2

A.

Yes, I do, uh-huh.

3

Q.

And what does that mean?

4

A.

I would say -- I believe it's the

5
6

sales of the 1999 edition.
Q.

And if you look under "Actuals," the

7

column "Actuals, December 31, 2014," do you see

8

that 42,219.40?

9

A.

10

about?

11

Q.

Yes.

12

A.

-- before, previously.

13
14

Isn't that what you were asking me

Did I

misinterpret your prior question?
Q.

No.

I was asking about what the

15

publication income was.

16

We will walk through

the numbers.

17

A.

Okay.

Fine.

18

Q.

Do you see the numbers in

19

December --

20

A.

Yes.

21

Q.

-- are those for sales of the 1999

22

standards?

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

41
1

A.

Yes.

It could have something else

2

in it, but I don't think so.

3

think of what it would be.

4
5

Q.

Okay.

I mean, I can't

And if we turn to the next

column, which is December 31, 2015.

6

Do you see that 6995?

7

A.

Uh-huh.

8

Q.

How many sales -- again, is this for

9
10
11

sales of the 1999 standard?
A.

It -- yes, it should be.

Net of

expenses.

12

Q.

Okay.

13

A.

And that's true of 42,219.40, net of

14
15
16
17
18
19

expenses.
Q.

And how many sales would that be for

6995?
A.

Depending upon who purchased it, it

could be two.
Q.

If we go to the next column under

20

December 31, 2016, you see it says:

21

Dollars?"

22

A.

"Zero

Uh-huh.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

42
1

Q.

Is it accurate to say that there

2

were no sales of the 1999 standard in 2015 --

3

I'm sorry, in 2016?

4

A.

Yes.

5

Q.

And the next column under December

6

31, 2017, it says:

"Zero dollars."

7

A.

Uh-huh.

8

Q.

Is it accurate to say that there

9

were no sales of the 1999 standard in 2017?

10

A.

Correct.

11

Q.

And moving to the next column for

12

December 31, 2018, it says:

"137.85."

13

A.

Uh-huh.

14

Q.

And about how many sales is this of

15
16

the 1999 standard?
A.

Could be -- depending upon who

17

purchased it, it could be four or five I

18

suppose.

19
20
21
22

Q.

And when you say, "depending on who

purchased it," what do you mean?
A.

Whether it was a member or nonmember

of one of our associations.

I don't quite

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

43
1

remember the selling price at that point or if

2

it was an institutional sale, a library sale.

3

Q.

Are there different prices?

4

A.

Yeah, for members and -- members get

5

a discount in all three organizations.

6

the same amount, whatever that might be.

7
8
9

Q.

It's

And you mentioned institutions, do

they get any kind of discount?
A.

Only for book sales, because it

10

would be much higher than 137.

11

more than ten but it's bulk.

12
13

Q.
says:

14

I think it's

And moving to the next column, it
"Projection as of April 30, 2019."
You see it says:

"Zero dollars"

15

there?

16

A.

Yes.

17

Q.

Is it accurate to say that there are

18

no projected sales numbers for the 1999

19

standards in 2019?

20

A.

Up through that point, yeah.

21

Q.

Looking at these numbers across the

22

board from 2014 to 2019, is it accurate to say

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

44
1

that sales declined of the 1999 standard

2

between 2014 and 2019?

3

A.

Uh-huh.

4

Q.

And why is that?

5

A.

Because the 2014 edition was

6
7
8
9

released in mid-year.
Q.

And why would the release of the

2014 standard affect the sales?
A.

It's updated and expanded guidance

10

about best practices and testing, and our user

11

community of scientists and students and

12

faculty and teachers and test administrators

13

and test developers would turn to the new

14

standard.

15

Q.

Thank you.

If we could turn to the

16

next item, it says:

"Book royalty revenues,"

17

that's right below the publication income.

18

A.

Correct.

19

Q.

What does that mean?

20

A.

That's the -- that's income from the

21
22

new -- from the 2014 edition.
Q.

And if you look under "actual," the

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

45
1

next column "actuals as of December 31, 2014,"

2

it is "119,113.49."

3

Do you see that?

4

A.

Yes.

5

Q.

And what does that represent?

6

A.

That represents the standard

7

development fund's royalty from the sales of X

8

number which we can see from the sales report

9

edition.

10
11

Q.

When you say, "edition," do you

mean --

12

A.

2014.

13

Q.

Okay.

And moving to the next column

14

where it has "actuals as of December 31, 2015,"

15

do you see the number "130,425.40?"

16

A.

Uh-huh.

17

Q.

Is that for sales of the 2014

18

standard as well?

19

A.

Correct.

The royalty.

20

Q.

Royalty.

Thank you.

21
22

And moving to the next column for
"actuals as of December 31, 2016," do you see

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46
1

that number, "110,046.35?"

2

A.

Uh-huh.

3

Q.

Is that for sales of the 2014

4
5
6
7

standard during 2016?
A.

It's the fund's royalty from that

period.
Q.

And moving to the next column where

8

it says:

9

the number "97,407.50."

10
11

"Actuals as of December 31, 2017,"

Accurate to say that is also for the
royalty for the sale of the 2014 standard?

12

A.

Correct.

13

Q.

And moving to the next column,

14

"unaudited as of December 31, 2018," see that

15

number, "$98,994.98?"

16

A.

Uh-huh.

17

Q.

Accurate to say that that's for

18

royalties from the sale of the 2014 standard?

19

A.

Correct.

20

Q.

And then the last column there is

21

"projection of April 30, 2019," it says:

22

"Zero

dollars."

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

47
1

A.

It didn't tank.

2

Q.

So is it accurate to say that there

3

were no sales projected of the 2014 standard in

4

2019?

5

A.

It -- this reflects when the royalty

6

payments are made.

7

different process for the 2014 edition than for

8

the 1999 edition.

9
10
11

Q.

It's a different -- it's a

Can you tell me a little bit about

that process?
A.

In 2019 -- the 1999 edition, AERA as

12

publisher underwrote -- AERA as publisher was

13

reimbursed for all expenses, so this is the --

14

you will see -- you will see printing and other

15

items -- well, you would see if you looked at

16

your prior report, printing and other items.

17

If you went through those documents

18

that you got, so this is the -- with the 2014

19

edition, the AERA underwrites all costs and so

20

this is the royalty.

21

arrangement to reimburse us for costs.

22

Functionally, it's the same.

We have a royalty

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

48
1

Q.

And what does royalty mean here?

2

A.

Royalty is a percent of the gross

3

sales.

4

Q.

Do you know what that percent is?

5

A.

I would need to -- I would need to

6
7

refresh my memory.
Q.

I think it is now 50/50.

And are you certain that the numbers

8

here under book royalty revenues are royalties

9

according to that split rather than gross

10

revenues?

11

A.

Under book royalty revenue?

12

Q.

Yes.

13

A.

Yes, I am.

14
15
16

That's why it is called

something different.
Q.

Thank you.

If you could please turn

to Page 19 of the document in front of you.

17

A.

Yes.

18

Q.

Do you recognize this chart?

19

A.

Yes, I do.

20

Q.

What is it?

21

A.

This is the sales report of the 2014

22

edition starting in July when it was released

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

49
1

through -- at that point, it was the report

2

through end of September or almost the end of

3

September 2016.

4

Q.

Okay.

And looking at the total sold

5

number, is it accurate to say that the total

6

number of units sold had declined between 2014

7

and 2016?

8

A.

Between 2014 and 2016?

9

Q.

Yes.

10

A.

Without looking at the end of the

11

year report, I'm not sure it is accurate to say

12

that.

13

Q.

I'm sorry, you --

14

A.

Because you are comparing ---well,

15

you are clearly comparing the 3242 and asking

16

that question to the 2474, but sales come in,

17

I'm going to say unanticipated ways, so there

18

could be a bookstore ordering X number of

19

copies for a university bookstore or a college

20

bookstore for costs for January, February,

21

March and sometimes we get very large sales

22

orders in November preparing for the next

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

50
1

semester, and so it might have bumped up, so

2

this could have been 3242 for a fall semester

3

cost, so I can't infer that without looking at

4

the final, you know, set of -- the final end of

5

year because -- in particular, because for

6

training and academic purposes, sales don't

7

just come linearly by month and it really

8

depends upon -- kind of in the aggregate, who

9

is teaching what, when, or who is having a

10

workshop when, and I know it seems sort of

11

weird, but we have been getting a lot of orders

12

in the past couple of years in that November

13

and even December period for the new semester,

14

and it seemed like in the beginning, it was

15

happening in the summer for the fall semester

16

and who's to explain what the academic

17

workplace is like, so the best way of looking

18

at it is the, you know, the stable end of 12

19

months particularly because -- because this is

20

used for training and workshop and course

21

purposes.

22

Q.

And is there any reason why, for

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

51
1

this chart, there are cutoffs through September

2

of 20 --

3

A.

Yes, because we tend to prepare this

4

report that you are looking at for a meeting of

5

our management committee.

6

is a joint committee of the three organizations

7

and so whenever the management committee has

8

its meetings typically twice a year, we will

9

produce them, and since you asked us to produce

Management committee

10

anything we had, you'll see some unusual

11

reports, like, we are going to have a meeting

12

in November and so there will be the equivalent

13

one in November and we had one in -- we had a

14

phone call this past July.

15

equivalent one up through July just to kind of

16

keep everybody updated.

17

Q.

Okay.

We probably have an

If you could please turn to

18

the next page, Page 20.

19

So I think it's the

one -- right there.

20

A.

Yes.

This one.

21

Q.

Do you recognize this chart?

22

A.

Yes.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

52
1
2
3

Q.

And can you tell me what the dates

are, the sales comparison is for?
A.

This is comparing 2015 through -- it

4

was prepared undoubtedly for the same

5

management committee meeting and it's comparing

6

January through September 28, 2015, to '16 in

7

the same period.

8
9
10

Q.

Okay.

And why is it comparing on a

ten-month basis here between 2015 and 2016?
A.

The same reason, because of it being

11

an interim report before this committee met, or

12

I had a conference call or something, but there

13

is always an end of year report and you could

14

see, this report gives more nuanced information

15

as I was saying in my earlier statement about

16

member and nonmember purchases and about E-book

17

purchases and print purchases and bundled

18

purchases.

19

Q.

What is a bundle?

20

A.

Bundle is, you could buy -- and a

21

further discount, the E-book edition and get a

22

hard copy.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

53
1

Q.

And looking at these numbers for the

2

ten-month period of January 1, 2015 through

3

September 28, 2015, and the same period for

4

2016, is it accurate to say that sales

5

declined?

6

A.

It is only accurate to say it

7

declined in comparing the same ten-month period

8

which could have the same distortion I

9

previously spoke to.

10
11

Q.

And turning back, you had mentioned

the print E-book bundle?

12

A.

Uh-huh.

13

Q.

Why would someone want both an

14
15

E-book and a print copy?
A.

Well, I can tell you why I would

16

want it and then we could -- you could deduce

17

why others would want it.

18

us trained and reared in the nonelectronic

19

world, like to touch print, but yet most of us

20

are also technologically savvy as around this

21

room so you might want for reading purposes the

22

electronic version, to be able to skim, remind

I suppose those of

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

54
1

yourself of what you are doing, you might want

2

it for a lecture, like, I would bring an iPad

3

into a lecture or seminar or discussion or

4

workshop, but when I am really planning what I

5

am going to say, I might want to be able to

6

have hard copy to line and take notes or, you

7

know, to do a deeper reading.

8

And I think that's an extrapolatable

9

experience, though I can't speak for every user

10

that if for a modest amount extra, you can get

11

the print, I suppose 50 years from now, nobody

12

will know what the word print means, but if you

13

can have both, you know, for a modest amount,

14

then you could have your cake and eat it.

15

Q.

Any other reasons?

16

A.

It's good enough that I can think

17

of.

And other forms of users similarly.

I

18

suppose having one on their shelf if you -- if

19

your briefing staff, let's say, you are

20

developing new tests and you run a test company

21

or revising tests and you can project it on a

22

screen, but if you had a print edition, you

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

55
1

know, you could say, hey, look, look, look.

2

Similar.

3

you know, courses, lectures and workshops.

4

It's for the deeper, I suppose the deeper

5

reader and maybe more particularly for those of

6

us who have at least had more print experience.

7

I'm not saying it's only used for,

Though there is some -- I think

8

there is some degree of research that you might

9

find it even with your own e-mailing, you know,

10

kind of out of sight, out of mind a bit, so

11

that if you only have it electronically, you

12

might not recall things as easily as being able

13

to just pull it off a shelf and remind

14

yourself, get up to speed quickly, even for

15

those who read electronically.

16
17
18

Q.

So for someone to purchase the 2014

standard, how do they go about doing that?
A.

They can do it in a range of ways.

19

The most immediate, I suppose, would be through

20

the AERA website because we are the publisher.

21

Of course, there are some bookstores

22

that carry it, so there's other ways of buying

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

56
1

it, but that's what I'd recommend somebody do.

2
3

MS. TURNER:

can please mark this as Exhibit 1308.

4
5

(Deposition Exhibit 1308 was marked
for identification.)

6
7

If the court reporter

THE WITNESS:

Meaning we do have

some distributor sales.

8

BY MS. TURNER:

9

Q.

Do you recognize this document?

10

A.

Yes.

And would this represent, if I

11

can ask, would this 8-14 be when you downloaded

12

this?

13

Q.

Correct, yes.

14

A.

Okay.

15

Q.

So what is this document then?

16

A.

This is from AERA website and it is

Okay.

17

the publications part of our portal, and this

18

is the -- the access to ordering the 2014

19

edition.

20
21
22

Q.

Does this appear to be an accurate

capture of the AERA website?
A.

Yes.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

57
1
2
3

Q.

Great.

So you had spoken about

ordering the 2014 standard.
A.

I suppose we could update our

4

website and take the word "now" out, since it

5

has been available for a while.

6

that staff to it.

7

Q.

Got to get

You had said that one way that

8

someone can order a copy of the 2014 standard

9

is through the online store, and would they --

10

on this website, how would they go about doing

11

that?

12

A.

Well, there is a hypertext link --

13

well, including ordering the 1999 edition.

14

Read more.

15

remind myself since I don't order it but there

16

is a hypertext link to the online book store.

17
18

Q.

I would have to scroll down and

I can represent, I think it's at the

top, right above the --

19

A.

You are right.

20

Q.

Great.

Order now.

Right.

So do you offer electronic

21

copies of the 2014 standard for sale through

22

the website?

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

58
1

A.

I believe there is -- yes, I believe

2

there is a hypertext link to the provider who

3

-- whose platform doesn't sit on our own

4

platform.

5

platform and protection of the PDF in such a

6

way that it is -- only purchasable.

7

Q.

It needs a particular kind of

So is it accurate to say that to

8

order online a copy of the -- an electronic

9

copy of the 2014 standard, it's done through

10
11

some kind of third-party platform?
A.

Correct.

I am blocking on the name

12

of the company we use.

13

my memory, but it's a platform that both does

14

its own publishing, it's own E-publishing, it's

15

storage and works for any number of publishers.

16

Q.

Thank you.

I should have refreshed

If someone wanted to go

17

about purchasing a copy of the 1999 standard,

18

how would they do that?

19

A.

Right here.

I think it's that

20

hypertext link to order previous edition of the

21

standard.

22

Q.

It's in the store.
Can someone order it online?

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

59
1

A.

Yes.

2

Q.

Okay.

3

A.

I believe.

4

Q.

So if I could --

5

A.

Yeah.

6

Q.

If I could turn your attention to

So --

7

order -- to order a previous edition of the

8

standard, 1999, there's a hypertext link, and

9

it says:

"Please use the mail fax order form

10

available on the left-hand side of the page

11

under the books tab."

12

A.

Then I may be wrong.

13

Q.

Thank you.

14

school for.

15

A.

Sure.

16
17

What I went to law

I almost went.

MS. TURNER:

If you could please

mark this as Exhibit 1309.

18
19

Good reading.

(Deposition Exhibit 1309 was marked
for identification.)

20

THE WITNESS:

21

AERA is old style.

22

I hope you don't think

I don't even have a fax

machine.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

60
1

MR. ELGARTEN:

I think this is

2

actually beyond the scope of your deposition

3

notice, but I am not trying to overly restrict

4

you but just keep that in mind.

5

MR. BECKER:

6

MR. ELGARTEN:

We just want to -I am trying not to --

7

I am just noting that I believe it is, but you

8

want to ask a few questions, that's fine.

9

just don't want to spend a lot of time.

10

MR. BECKER:

We are not.

I

We are

11

just considering it on your sales, but just

12

want to make sure that the method of sales is

13

updated to the present.

14

MR. ELGARTEN:

15

MS. TURNER:

16

MR. ELGARTEN:

Okay.
Thank you.
That's fair, or I

17

think it's fair for the moment.

18

MS. TURNER:

19

not be long.

20
21
22

The questioning will

BY MS. TURNER:
Q.

Dr. Levine, do you recognize this

document?

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

61
1

A.

Yes.

2

Q.

What is it?

3

A.

This is the -- the website specimen

4

information on the 1999 edition informing

5

potential users that there is also a 2014

6

edition.

7
8

Q.

Does this appear to be an accurate

capture of the AERA website?

9

A.

Yes.

10

Q.

And can you purchase -- if you are

11

looking on this website, can you purchase the

12

1999 standards in the online store for AERA?

13

A.

Well, you've just updated me on the

14

fact that it looks like we did not include

15

that, I suppose as can happen with prior

16

editions of works, that it looks like a mail

17

and fax order.

18
19

Q.

Can a person e-mail the form to AERA

to purchase the 1999 standard?

20

A.

E-mail it with an attachment?

21

Q.

Correct.

22

A.

Sure.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

62
1
2
3

Q.

Do you know how to do that from

here?
A.

Let's see.

From this particular

4

page, from this particular page, no, but there

5

is any number of pages that have a pubs e-mail

6

and -- or in this case, one could, I suppose,

7

call and learn how they could e-mail the -- the

8

form completed without faxing it.

9

Q.

Okay.

Are you certain that you can

10

e-mail the form to order a copy of the 1999

11

standard?

12

A.

Am I certain?

I am certain that we

13

would take a sale for anything any way it came,

14

we are pretty small.

15

AERA, 25,000 members, an annual meeting of 15

16

or 16,000, but our staff is under 30 people,

17

you know, so anything that comes in, we are

18

really pretty user friendly.

19

answers the phone, it won't be me, but it even

20

could be me and everybody helps everybody out,

21

so if anybody calls and wants to get something

22

done, they'll get to somebody on the

You might think of old

If somebody

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

63
1

publication staff or they'll get to our

2

customer service or a membership director, if

3

not, a publications director and somebody will

4

say -- might even say fax it to me and I'll get

5

it done.

6

Q.

Are there any instances that you

7

know of where someone had e-mailed an order

8

form for the 1999 standard?

9

A.

Any instances where they e-mailed

11

Q.

Correct.

12

A.

Not without my checking with our

10

it?

13

publications director or membership, customer

14

service person.

15
16

Q.

Is the 1999 standard available in an

E-book format?

17

A.

No.

18

Q.

Is it available in any electronic

19
20

format?
A.

No.

We think of ourselves as quite

21

a progressive, however, publisher, insofar as

22

many -- for many of our products and you can

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

64
1

look on our website, many publishers are eager

2

to sell the print edition and then delay E-book

3

editions, so we are trying to reach everyone in

4

the modality that they work in and -- which

5

includes with some of our major volumes being

6

able to purchase pieces.

7
8

Q.

Any plans to make it available in an

electronic format?

9

A.

Which?

10

Q.

The 1999 standard.

11

A.

It hasn't come up, I suppose.

I

12

mean, it hasn't come up with any of our

13

classics, and I think it is not likely, and we

14

have many other classics that were -- Complete

15

Research on Teaching, something that is a major

16

classic methodology book called Methods, and we

17

have 2005 editions and we are not even thinking

18

that there would be enough of an interest in

19

getting old pieces that way.

20

it, you know, or use it from the university

21

libraries.

22

MS. TURNER:

People can buy

If the court reporter

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

65
1

can please mark this as Exhibit 1310.

2
3

(Deposition Exhibit 1310 was marked
for identification.)

4
5

MR. ELGARTEN:

MS. TURNER:

Almost done.

Just a

few more questions.

8
9

We

are wandering from your list of subjects.

6
7

Same question.

THE WITNESS:

As long as you fill

out one of each, I'm okay, when you are done

10

really.

11

of each of these.

12

I think your law firm should have one

BY MS. TURNER:

13

Q.

Do you recognize this document?

14

A.

Definitely.

15

Q.

And what is this document?

16

A.

This is an order form for --

I mean more or less.

17

depending upon when you downloaded it, for our

18

various books, AERA's books that are available.

19

Q.

Okay.

20

A.

Do you know when you downloaded

21
22

this?
Q.

It's the same as the other ones, so

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

66
1

that would be August 14.

2

A.

Okay.

3

Q.

Can someone order the 1999 edition

4

through this order form?

5
6

MR. ELGARTEN:

9

Want to call her

attention to this?

7
8

So then it is current.

BY MS. TURNER:
Q.

Sure.

it says:

Yes.

If you look down where

"Standard for educational and

10

psychological testing," it is the sixth gray

11

bar and at the bottom of that, it says:

12

edition."

13
14

"1999

So if someone wanted to order the
1999 edition, would they put in the quantity?

15

A.

Yes.

16

Q.

The note?

17

A.

Yes.

18

Q.

Can you PDF this order form and then

19
20
21
22

Uh-huh.

send it via e-mail?
A.

There it is.

question.
Q.

The answer to your

[e-mail] on the other side.
Perfect.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

67
1

A.

No heads will roll this afternoon.

2

And just so you know, our -- that

3

e-mail is customer service and membership.

4

It's not membership questions.

5

is -- we see our membership team as customer

6

service.

7

Q.

It's just -- it

So if someone e-mailed that with the

8

order form, would they be able to place an

9

order through that e-mail address?

10

A.

Absolutely, yeah.

That's where you

11

put the PDF.

12

it comes through customer service, the label on

13

the e-mail is membership, but it's really

14

membership customer service department or team.

15

Q.

We don't -- the order for film,

Okay.

I'm going to hand you a

16

document that was previously marked 1208,

17

Exhibit 1208.

18
19

I'll represent this was previously
marked in your prior deposition in this matter.

20

A.

Uh-huh.

21

Q.

Do you recognize this document?

22

A.

Yes.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

68
1

Q.

And what is it?

2

A.

That's the -- I suppose, of course,

3

having seen the other two, it looks like it's

4

the 1999 edition without that 1999 sales

5

estimate.

6
7

Q.

And if you could turn back, please,

to what was marked as Exhibit 1306.

8

A.

Yes.

9

Q.

Is this the same document?

10

MR. ELGARTEN:

As I said, I produced

11

this document, the additional document I

12

believe it's the same document.

13

THE WITNESS:

14

BY MS. TURNER:

Well, I'm assuming.

15

Q.

So is the answer yes then?

16

A.

Yes.

17

Q.

Okay.

18
19

MS. TURNER:
quick break.

20
21
22

Why don't we take a

MR. ELGARTEN:

Okay.

Are we almost

done?
MS. TURNER:

We are.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

69
1

THE VIDEOGRAPHER:

2

the record.

3

1.

We are going off

This is the end of Media Unit No.

The time is 11:04.

4

(A short recess was taken.)

5

THE VIDEOGRAPHER:

6

on the record.

7

No. 2.

We are going back

This is the start of Media Unit

The time is 11:26.

8

MS. TURNER:

9

BY MS. TURNER:

10
11

Q.

Thank you.

Dr. Levine, if you could please turn

back to what has been marked as Exhibit 1307.

12

A.

Yes.

13

Q.

And if you could please turn to the

14

bottom of the page, No. 7.

15

A.

Yes.

16

Q.

And you testified earlier that the

17

publication income entry under profit and loss

18

is for sales of the 1999 standard?

19

A.

Yes, publication income.

20

Q.

And can you let us know if that is

21
22

net of expenses or is that a gross number?
A.

I think that's a -- in that context,

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

70
1
2
3

I'm going to say it's the gross number.
Q.

Okay.

If you could please turn to

Page No. 25 at the bottom.

4

A.

5

you saying?

6

Q.

Yes, please.

7

A.

Of the same document?

8

Q.

Of the same document.

9

A.

Okay.

10

Q.

Great.

11
12
13

Yeah, well, I'm doing it.

Got it.

25 are

Okay.

And the top chart here, can

you tell us what this is?
A.

Okay.

So this is total sales by

year.

14

Q.

Okay.

15

A.

For 2014 to 2018.

16

Q.

Okay.

17

If I could turn your

attention to 2018.

18

A.

Uh-huh.

19

Q.

Is it accurate to say that sales in

20

2018 were higher than in 2017?

21

A.

Correct.

22

Q.

And why is that?

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71
1

A.

Why did it happen?

2

Q.

Yes, if you know.

3

A.

More purchases.

Sorry.

Why it happened.

It seemed

4

self-evident.

I suppose

5

really links to my prior point.

6

can't -- you couldn't really necessarily

7

abstract -- extrapolate from September 28th

8

that -- even though with certain forms of

9

quote-unquote publications in the world of

You know, you

10

publications, one might think of them as having

11

a limited shelf life.

12

This publication is a publication

13

about guidance and wisdom and best practices in

14

the field, and as that is more wide -- of more

15

-- of wider interest, it -- unlike even an

16

academic publications, that might be superseded

17

by -- well, here, it might be superseded by a

18

new edition, but superseded by next, you know,

19

next stages of a research program, that a work

20

that has value can have expanded in during use.

21
22

So until such point as with other
guidance, it needs to be, you know, rethought,

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

72
1

reupdated, to take account of new things that

2

didn't exist, so in 1985, for example, there

3

was no real use of technology in the way that

4

there is in 2018.

5

increase is probably some number of courses and

6

perhaps brought a worldwide distribution.

7
8

Q.

So this, you know, modest

And to clarify, these are -- for

sales of the 2014 standard?

9

A.

Correct.

10

Q.

And the chart directly below that?

11

A.

Uh-huh.

12

Q.

What does this chart represent?

13

A.

This is total quantities sold

14

through April 30 each year, so building upon my

15

prior point about September 28, this document

16

was created before we had a mini -- the

17

management committee had a mini-meeting in May,

18

so it was April 30, so they could get a

19

snapshot before their meeting which was

20

mid-May, so it is April 30, so then it compares

21

year-to-date, you know, as you'll see in

22

financial statements year-to-date and

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

73
1

comparable period, so the -- we were very

2

pleased with the fact that the 2019, you know,

3

performance suggests, you know, this -- the

4

work is -- is considered, you know,

5

increasingly -- is increasingly penetrating new

6

users.

7

Q.

8

And to clarify, this is also for

sales of the 2014 standard?

9

A.

All, correct, yeah.

10

Q.

And this chart shows through 2015

11

through 2019, the total sales just for January

12

through April 30 --

13

A.

Correct.

14

Q.

-- of each year?

15

A.

Correct.

It's sort of like a

16

snapshot of how -- recognizing the variation of

17

when it might be audited, which you have no

18

control over, it still gives sort of a

19

comparable snapshot.

20

Q.

And is there any reason -- you spoke

21

before about the increase between 2018 and

22

2019, do you know any reason why there was an

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

74
1
2

uptick in sales during that same time period?
A.

Without looking at who purchased, I

3

might extrapolate that it was used in more

4

courses or maybe more workshops, which could be

5

a university or college sale anticipating a

6

course, maybe even a summer course or courses.

7

The 2015 high is reflecting the fact

8

that this is really the first six months of

9

publication or the availability of the

10

standards, so there was a lot of pent up

11

interest.

12
13

Q.

If you could please turn to Page 2

of the same document.

14

A.

Uh-huh.

15

Q.

It should look like this.

16

A.

Yes.

17

Q.

I think the other side.

18

A.

Good.

19

for my eyes.

Yes.

Because this one is not made

Okay.

20

Q.

Can you tell me what this chart is?

21

A.

This is new edition -- wow, this is

22

a -- you have to be quaintly interested in

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

75
1

data, but this is new edition and the number of

2

copies sold by member group and nonmembers.

3

You see the -- so, for example,

4

NCME, two NCME members bought I suppose nine

5

copies, so nonmember sales which might be book

6

stores or faculty buying for courses but more

7

likely university book stores or agents, in

8

2014, there were, just as an illustration, six

9

purchases of 15 copies.

10
11

Q.

Yes.

Does that help?

So let me try to rephrase it

just to make sure I have it.

12

So, for example, in the column with

13

the number of copies at the top, if you go to

14

the nine?

15

A.

Uh-huh.

16

Q.

And directly below, there is a two

17

under NCME member, that means that two NCME

18

members bought nine copies each?

19

A.

Correct.

20

Q.

And this is for the 2014 standard?

21

A.

Yes.

22

Q.

Thank you.

2014 standards in 2014.
And if we go over to the

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

76
1

total number of the total sales, it says:

2

"4,227."

3

Do you see that?

4

A.

Correct.

5

Q.

Okay.

And if we could just turn

6

back to the page we were just looking at, Page

7

25.

8

A.

9

MR. ELGARTEN:

10
11

Yep.

MS. TURNER:

Do the numbers match?
There is a slight

discrepancy so we just want to clear it up.

12

MR. ELGARTEN:

13

THE WITNESS:

Okay.
I was going to say

14

somebody on staff can't add a column.

15

want to say that.

16
17

Q.

Right.

of 2014, it says:

19

Page 2, it says:

20

22

Total sales, 4236.

BY MS. TURNER:

18

21

I don't

So if you see in the column
"Total sales 4,236," and on
4,227."

Any reason for that discrepancy?
A.

It's human error, really, I suppose

one was an effort to do a transfer from an

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

77
1

Excel spreadsheet or something of the number of

2

copies.

3

right?

4

Q.

Yes.

5

A.

So I am assuming something wasn't

The other one was a higher number,

6

recorded.

7

It was missing data, but it should have been --

8

in my view as a scientist, it should have been

9

recorded as missing data, but it wasn't.

10

It might not have been human error.

So

just unknown.

11

Unknown purchases as to the

12

quantity, probably one, you know, just given

13

the dominant mode of -- of us also, you know,

14

being interested in volume sales because that

15

means it penetrates and hits more users and

16

students.

17
18

Q.

So is the number on Page 25, the

4236 number, is that the more accurate number?

19

A.

Let's see.

20

Q.

Correct.

21

A.

Yes.

22

25.

That's the higher?

At that point, we didn't have

E because we were just starting.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

78
1
2

Q.

So if you could please turn to Page

3 of the same document.

3
4
5
6

And what's on this page of the
document?
A.

Well, the -- what is the whole

document about?

Is that what you want to know?

7

Q.

This particular page, yes.

8

A.

Yeah.

9

So it's -- so it's an effort

to depict or report on net sales by number of

10

copies aggregating the copies less than ten and

11

including the nonmembers, so that of the 2,356

12

nonmember sales, less than a third -- probably

13

somewhere in the neighborhood of 28 percent

14

were individual, and you could see that -- if I

15

am not -- I don't know that the 934 were all

16

individual but once you get above ten, you are

17

talking about, you know, persons, merchants or

18

book dealers or book stores.

19
20
21
22

Q.

And to clarify, this is for sales of

the 2014 standards?
A.

2014, that first year, which is the

first six months and I hope those numbers tie.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

79
1

The financial I have no doubt tie.

2

Sheridan Books I believe is our platform for

3

the E-book.

4

That was reflecting them serving as the

5

printer.

6
7
8
9

Q.

And this

That wasn't reflecting E-book.

I think they were also the platform.
When you say, "serving as the

printer," is that for the physical copy?
A.

Yeah, literal printer.

print in-house.

We don't

So we printed 5,400 -- AERA

10

printed 5,436-ish, I suppose it was probably a

11

run of 5500 initially and then needed to go

12

into a second printing in November.

13
14

Q.

If you could please turn to the next

page, Page 4.

15

A.

Uh-huh.

16

Q.

And then also on Page 5 as well if

17
18

Yes.

you want to take a look.
A.

You must think research is crazy

19

that we do all these little microlevel tables.

20

Okay.

21
22

Q.

Let's see.

Okay.

So I can represent to you, I believe

these are the same documents but it was just

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

80
1

cut off for printing purposes.

2

A.

Correct.

3

Q.

Okay.

4
5

Definitely.

Can you tell me what this

document is or these pages represent?
A.

These are at the most microlevel

6

number of sales, it looks like somehow we did

7

intervals of five and then above 65, I suppose

8

they are the literal numbers that someone put

9

in, I mean that we were reporting.

That's the

10

way we counted, so it's the exact count so you

11

can see it's -- it really isn't in intervals of

12

five.

13

the literal count and it jumps from 30 to 35 to

14

40, 47, 50, so it's the literal purchases.

15

It's under 10.

It's 10, 11, 12, so it's

With some of these categories, there

16

appears to be more than one of those, but --

17

and then the revenue that it generated and then

18

when you see that discount is for that -- which

19

we saw on another sheet, it's the volume sales

20

discount for above ten.

21

Q.

To clarify, this is for the 2014 --

22

A.

2014.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

81
1

Q.

-- standard?

2

A.

Correct.

3

Q.

2014 standard --

4

A.

Yes.

5

Q.

-- in the year 2014.

6

A.

Correct.

7

Q.

Okay.

8

A.

And you didn't receive other copies

9

of this because we were really obsessing on

10

what was happening, you know, we wanted to know

11

kind of what was happening as we were

12

launching, so we were running all this stuff,

13

like, you wouldn't want to see this every year

14

at that level.

15
16

Q.

If you could turn to Page 15 of the

same document.

17

A.

Uh-huh.

18

Q.

At the top, it states that it's the

19

Uh-huh.

standards royalty calculation.

20

Do you see that?

21

A.

Yep.

22

Q.

And then just to clarify for the

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

82
1

record, you testified earlier about the royalty

2

percentage.

3

A.

Yeah.

4

Q.

And you believed it was a 50/50

5

split?

6

A.

It switched though at the beginning

7

of AERA having underwritten -- all these costs

8

had a little bit higher royalty.

9

want to know, I have to double-check but I

10

think now it's 50/50.

11
12

If you really

Q.

Okay.

Do you know when that change

happened?

13

A.

I believe, but I would want to

14

verify that it happened after the first full

15

year, meaning it was -- I would have to look.

16

I don't remember.

17

months of sales and '15 and then it switched.

18
19

Q.

I think it was the first six

And if I could just draw your

attention --

20

A.

But I would really have to look.

If

21

that's important to you, I would need to verify

22

it.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

83
1

Q.

If I could draw your attention --

2

where it says royalty percentage, it says:

3

percent."

4

A.

Where are you here?

5

Q.

If you look down, it says:

"55

"Royalty

6

percentage, total royalty," it's kind of

7

grouping of text right before the last one.

8
9
10
11

A.

Correct.

So that's what it was

originally I suppose, then 45/55 or something
like that I suppose.
Q.

So for the six months ended in 2017,

12

does it refresh your recollection that it was

13

-- 55 percent was the royalty percentage?

14

A.

So it may -- it might have ended

15

with '17 I suppose, standards royalty

16

calculation.

17

not 50/50, it might be 45/55.

1, 2, 16.

It could be -- it's

18

Q.

And how is that split?

19

A.

The testing standard is the larger

20

amount.

21

Q.

Testing standard is 55 percent?

22

A.

Yes.

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

84
1

Q.

And the publisher is 45 percent?

2

A.

Yeah.

I will let our attorney know

3

if I am recalling wrong.

So it might have been

4

50/50 at the beginning and then 45/55.

5

Q.

And then --

6

A.

That's what happens when you are

7

part of the same family, you forget how much

8

you make.

9

Q.

And If you could just turn to Page

10

16 there.

11

A.

16?

12

Q.

Yes, the next page.

13
14

Again, this is the royalty for the
six months ending June 30, 2018?

15

A.

Yes.

16

Q.

To clarify --

17

A.

It says right here, "development

18

fund," so that is prima facie as it were here.

19

Q.

And the royalty --

20

A.

That's 55 percent of the joint

21
22

project so that's 45 percent to AERA.
Q.

Okay.

And then on the following

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

85
1

page, Page 17.

2

A.

Same, yeah.

3

Q.

So you are saying 55 percent was the

4

royalty --

5

A.

Yeah.

6

Q.

-- for the year ending December 31,

7
8
9
10

2018?
A.

Uh-huh.

MS. TURNER:

13

Okay.

Unless your

counsel has any questions, we are done.

11
12

Yes.

MR. ELGARTEN:

I have no questions.

Thank you.
THE VIDEOGRAPHER:

We are going off

14

the record at 11:48 a.m.

15

today's testimony given by Felice Levine on

16

behalf of APA, NCME, AERA.

17

media units used was two and will be retained

18

by Veritext Legal Solutions.

19
20

This concludes

The total number of

(Whereupon, the proceeding was
concluded at 11:48 a.m.)

21
22

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

86
1
2

I declare under penalty of perjury

3

under the laws that the foregoing is

4

true and correct.

5
6
7

Executed on _________________ , 20___,
at _____________, ___________________________.

8
9
10

_________________________________

11

FELICE J. LEVINE, PH.D.

12
13
14

SUBSCRIBED AND SWORN TO BEFORE ME

15
16

THIS _____DAY OF ________________, 2019.

17
18

__________________

______________________

19

(NOTARY PUBLIC)

MY COMMISSION EXPIRES:

20
21
22

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

87
1

CERTIFICATE OF NOTARY PUBLIC

2
3
4

I, Bonnie L. Russo, the officer before

5

whom the foregoing deposition was taken, do
hereby certify that the witness whose testimony
appears in the foregoing deposition was duly

6

sworn by me; that the testimony of said witness

7

was taken by me in shorthand and thereafter

8

reduced to computerized transcription under my

9

direction; that said deposition is a true

10
11

record of the testimony given by said witness;
that I am neither counsel for, related to, nor
employed by any of the parties to the action in

12

which this deposition was taken; and further,

13

that I am not a relative or employee of any

14

attorney or counsel employed by the parties

15

hereto, nor financially or otherwise interested

16

in the outcome of the action.

17
18
19
20

____________________________.

21

Notary Public in and for
the District of Columbia
My Commission expires: June 30, 2020

22

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

Transcript Word Index
[& - 45]
&
&
3:3,9,14 6:3 8:19,21 9:1
0
0000001-26
5:20
000001
37:9
0000027
5:11 26:7
00857
1:3 8:5
1
1
1:22 7:14 53:2 69:3 83:16
1:14
1:3 8:5
10
25:3 80:12,12
10:14
32:19
10:20
32:22
1001
3:4
11
80:12
11:04
69:3
11:26
69:7
11:48
85:14,20
110,046.35
46:1
119,113.49.
45:2
12
33:19 50:18 80:12
1200
13:1
1207
6:11 33:8,14,17,18
1208
6:14 67:16,17
12th
3:15
130,425.40
45:15
1300
4:6 13:16,17
1301
4:9 14:15,16

1302
4:12 15:8,9
1303
4:15 15:14,15
1304
4:19 19:5,6
1305
5:2 24:4,5
1306
5:7 26:1,2 33:15,17,19
34:1,3,6,6 68:7
1307
5:12 37:3,4 69:11
1308
6:2 56:3,4
1309
6:5 59:17,18
1310
6:6 65:1,2
137
43:10
137.85.
42:12
14
4:6,9 66:1
1430
12:22
1441
2:13 8:7
15
4:12,15 39:17 62:15 75:9
81:15 82:17
16
1:16 7:5 39:17 52:6 83:16
84:10,11
16,000
62:16
17
39:17 83:15 85:1
1768
29:11
18
39:17
19
4:19 28:21 34:8 48:16
1985
35:16 72:2
1989
34:8,14 35:8,10 36:3,8
1998
34:9 36:4,11
1999
6:5,13 28:4,5,21 29:7,8,10
29:12,18,22 30:4,9 31:7
32:1 33:15,19 34:1,3 40:5
40:21 41:9 42:2,9,15 43:18

1999 (cont.)
44:1 47:8,11 57:13 58:17
59:8 61:4,12,19 62:10 63:8
63:15 64:10 66:3,11,14
68:4,4 69:18
2
2
21:13 69:7 74:12 76:19
83:16
2,356
78:11
20
51:2,18 86:6
2000
30:14,18 32:3,5
20004
3:4
20005
13:1
2002
28:18,21
2005
64:17
2013
29:18,19 33:15
2014
5:16,17 6:4 29:20 31:5,6,7
31:8 37:16 39:17 40:7
43:22 44:2,5,8,21 45:1,12
45:17 46:3,11,18 47:3,7,18
48:21 49:6,8 55:16 56:18
57:2,8,21 58:9 61:5 70:15
72:8 73:8 75:8,20,21,21
76:18 78:20,21 80:21,22
81:3,5
2015
41:5 42:2 45:14 52:3,6,9
53:2,3 73:10 74:7
2016
41:20 42:3 45:22 46:4 49:3
49:7,8 52:9 53:4
2017
42:6,9 46:8 70:20 83:11
2018
37:18 42:12 46:14 70:15
70:17,20 72:4 73:21 84:14
85:7
2019
1:16 7:5 39:19 43:13,19,22
44:2 46:21 47:4,11 73:2,11
73:22 86:16
2020
87:22
202-624-2523
3:5

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

21,000
34:17,18 35:14
21,920
34:14
24
5:2
2474
49:16
25
70:3,4 76:7 77:17,19
25,000
62:15
26
5:7 37:9
28
52:6 53:3 72:15 78:13
28th
71:7
3
3
78:2
30
1:13 2:8 4:6,9,12 7:14 14:5
39:19 43:13 46:21 62:16
72:14,18,20 73:12 80:13
84:14 87:22
31
40:7 41:5,20 42:6,12 45:1
45:14,22 46:8,14 85:6
3242
49:15 50:2
3475330
1:21
35
80:13
37
5:12
4
4
79:14
4,227
76:2,19
4,236
76:18
40
80:14
42,219.40
40:8 41:13
4236
76:15 77:18
44
21:18
45
84:1,21

[45/55 - audio]
45/55
83:9,17 84:4
4500
35:13
47
80:14
5
5
79:16
5,000
34:22
5,400
79:9
5,436
79:10
50
54:11 80:14
50/50
48:6 82:4,10 83:17 84:4
55
83:2,13,21 84:20 85:3
5500
79:11
555
3:15
56
6:2
59
6:5
6
6
1:13 2:8 4:6,9,12 7:14 14:5
65
6:6 80:7
650-335-7844
3:11
650-335-7930
3:16
6995
41:6,16
7
7
39:9 69:14
8
801
3:10
8-14
56:11
85
28:8,10 33:20 35:2,10,12
35:22 36:9,10,11
86
35:12

87
1:22 35:12
88
35:12
89
35:2
8-99
29:22

add
76:14
additional
24:11 31:13 68:11
additive
38:4
address
12:21 67:9
administrators
9
44:12
9
aera
4:3
1:14 2:8 5:11,20 6:6 7:15
9:51
10:17 14:12 16:5,8,18,21
1:17 7:4
19:17,20 20:4,8 26:7 37:9
934
47:11,12,19 55:20 56:16
78:15
56:21 59:21 61:8,12,18
94041
62:15 79:9 82:7 84:21
3:10
85:16
94104
aera.net
3:16
66:21
97,407.50.
aera's
46:9
65:18
98,994.98
affect
46:15
12:9 44:8
99
affiliations
36:7
8:16
a
afternoon
a.m.
67:1
1:17 7:4 85:14,20
agents
ability
75:7
12:9
aggregate
able
34:18 38:7,13 50:8
53:22 54:5 55:12 64:6 67:8 aggregating
absolutely
78:10
67:10
aggregation
abstract
37:15
71:7
agree
academic
7:13 14:7,21 15:3
50:6,16 71:16
agreement
access
15:5
56:18
allow
account
30:2
72:1
ambiguous
accounting
11:9
38:21
american
accurate
1:3,4 3:21 4:7,10 5:12 7:17
12:6 42:1,8 43:17,22 46:10
7:19 9:5,6 12:15 14:5 29:4
46:17 47:2 49:5,11 53:4,6 amount
56:20 58:7 61:7 70:19
43:6 54:10,13 83:20
77:18
annual
action
62:15
8:4 87:11,16
answer
actual
10:21 11:19,21 14:11
44:22
66:20 68:15
actuals
answered
40:6,7 45:1,14,22 46:8
22:20
[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

answers
11:2 12:10 62:19
anticipating
36:13 74:5
anybody
62:21
apa
1:14 2:8 5:11,20 7:15 9:3
17:2,6,11,19,22 20:11,11
20:16,19 26:7 37:9 85:16
appear
56:20 61:7
appearances
3:1 8:16
appears
80:16 87:5
april
39:19 43:13 46:21 72:14
72:18,20 73:12
arose
29:19
arrangement
47:21
asked
22:14 24:1,12 26:20,21
37:18 51:9
asking
40:9,14 49:15
asks
21:20
association
1:3,5 3:21 4:8,11 5:13 7:18
7:19 9:6,7 12:16 18:9 29:4
38:19,22
associations
42:22
assume
11:13 29:5 30:11
assuming
17:8 20:15 68:13 77:5
assumption
35:19
attachment
61:20
attachments
18:17
attending
8:15
attention
59:6 66:6 70:17 82:19 83:1
attorney
84:2 87:14
atypically
36:12
audio
7:11,11

[audited - continue]
audited
73:17
august
1:16 7:4 30:4,9 31:8 66:1
authentic
27:22 37:20,21 38:8
availability
74:9
available
57:5 59:10 63:15,18 64:7
65:18
avenue
3:4
aware
36:19
b
back
32:21 34:6 36:1 53:10 68:6
69:5,11 76:6
bar
66:11
basis
52:9
bates
26:6 37:8
becker
3:13 8:21 15:6 26:14,14,18
27:5 60:5,10
beginning
32:4 50:14 82:6 84:4
behalf
2:16 3:2,8 8:19 9:5 14:12
14:22 15:4 27:7,9 29:3
85:16
believe
25:12,15 27:21 30:19
31:12 33:20 34:3 35:18
37:19 39:3 40:4 58:1,1
59:3 60:7 68:12 79:2,21
82:13
believed
82:4
best
10:12 17:4 44:10 50:17
71:13
beyond
60:2
bit
31:19 47:9 55:10 82:8
blocking
58:11
board
43:22
bonnie
1:20 8:12 87:3

book
6:6 43:9 44:16 48:8,11
52:16,21 53:11,14 57:16
63:16 64:2,16 75:5,7 78:18
78:18 79:3,3
books
59:11 65:18,18 79:2
bookstore
49:18,19,20
bookstores
55:21
bottom
21:17 39:12 66:11 69:14
70:3
bought
75:4,18
brainer
23:17
break
11:15,17 32:13,15 33:3
68:19
briefing
54:19
bring
54:2
brought
72:6
building
72:14
bulk
43:11
bumped
50:1
bundle
52:19,20 53:11
bundled
52:17
business
28:12 38:15
buy
52:20 64:19
buying
55:22 75:6
c
cake
54:14
calculating
30:22
calculation
81:19 83:16
california
3:10,15,16
call
51:14 52:12 62:7 66:5

called
48:13 64:16
calls
62:21
capture
56:21 61:8
carry
55:22
case
1:3 10:8,9,11 19:22 22:15
22:22 33:5 62:6
categories
80:15
celgarten
3:6
cell
7:9
cellular
7:8
center
3:10
certain
26:15 48:7 62:9,12,12 71:8
certificate
87:1
certify
87:4
change
82:11
chart
48:18 51:1,21 70:10 72:10
72:12 73:10 74:20
check
82:9
checking
63:12
civil
8:4
clarify
11:12 35:7 72:7 73:7 78:19
80:21 81:22 84:16
classic
64:16
classics
64:13,14
clear
33:22 76:11
clearly
49:15
client
26:17 27:13
cliff
8:22
clifton
3:3

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

colleagues
16:13
college
49:19 74:5
columbia
1:1 8:4 87:21
column
40:7 41:5,19 42:5,11 43:12
45:1,13,21 46:7,13,20
75:12 76:14,17
commission
86:19 87:22
committee
18:19 51:5,5,6,7 52:5,11
72:17
communities
36:18
community
36:13 44:11
company
18:9 54:20 58:12
comparable
73:1,19
compares
72:20
comparing
49:14,15 52:3,5,8 53:7
comparison
52:2
complete
64:14
completed
62:8
computerized
87:8
concluded
85:20
concludes
85:14
conference
52:12
connection
23:1
considered
73:4
considering
60:11
consultation
23:1
contact
28:20
context
69:22
continue
7:12

[continued - earlier]
continued
5:1 6:1 31:6
continues
36:9
control
73:18
conversations
7:8
copies
20:1 49:19 57:21 75:2,5,9
75:13,18 77:2 78:10,10
81:8
copy
16:14 17:9 20:3 52:22
53:14 54:6 57:8 58:8,9,17
62:10 79:7
correct
14:13 16:4 25:10,11 38:9
42:10 44:18 45:19 46:12
46:19 56:13 58:11 61:21
63:11 70:21 72:9 73:9,13
73:15 75:19 76:4 77:20
80:2 81:2,6 83:8 86:4
cost
50:3
costs
47:19,21 49:20 82:7
council
1:6 4:13 7:20 9:7
counsel
3:20 7:17 8:14 9:16 85:10
87:10,14
count
80:10,13
counted
80:10
counterclaimant
1:10
counterdefendants
1:8 3:2 4:15,19 5:3 7:22
counterplaintiff
3:8 8:2
couple
50:12
course
28:12 38:14 50:20 55:21
68:2 74:6,6
courses
55:3 72:5 74:4,6 75:6
court
1:1 8:3,11 9:9 10:20 11:4
11:20 12:3 13:15 14:15
15:14 24:3,21 25:22 37:2
56:2 64:22
crazy
79:18

created
28:14 38:17,18 72:16
crossover
30:7
crowell
3:3 9:1
crowell.com
3:6
crumped
30:13
current
66:2
customer
63:2,13 67:3,5,12,14
cut
80:1
cutoff
30:20
cutoffs
51:1
cv
1:3 8:5
d
d.c.
1:15 2:14 3:4 8:8 13:1
daniel
3:22 8:9
dar
1:4 8:5
data
75:1 77:7,9
date
72:21,22
dates
52:1
day
86:16
de
32:2
dealers
78:18
deanne
3:20 9:2
december
29:19 30:9 40:7,19 41:5,20
42:5,12 45:1,14,22 46:8,14
50:13 85:6
decided
26:22
declare
86:2
declined
44:1 49:6 53:5,7
declines
36:17

deduce
53:16
deeper
54:7 55:4,4
defendant
1:10 3:8 7:17 8:2 9:16
definitely
39:6 65:14 80:2
degree
55:8
delay
64:2
department
67:14
depending
30:5 32:5 41:17 42:16,19
65:17
depends
50:8
depict
78:9
deposed
10:4
deposition
1:13 2:8 4:7,10,13 7:11,15
8:6 10:3 13:3,5,6,17 14:16
15:9,11,15 19:6 24:5 26:2
33:11 37:4 56:4 59:18 60:2
65:2 67:19 87:4,5,9,12
designated
14:11
detail
36:1
determination
22:8,21
developers
44:13
developing
54:20
development
39:16 45:7 84:17
different
26:12 38:3,4 43:3 47:6,7
48:14
direction
87:9
directly
72:10 75:16
director
12:19 19:3 28:18 63:2,3,13
discount
43:5,8 52:21 80:18,20
discrepancy
76:11,20
discuss
14:4

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

discussion
13:9 27:4 54:3
distortion
53:8
distribution
72:6
distributor
56:7
district
1:1,1 8:3,3 87:21
document
13:20 14:19 15:18,20
19:10 22:18 24:8,10 25:4
26:5,10,13,16 27:6,13,18
27:21 28:2,3,11,14 37:7,12
37:14,15,19 38:2,13 48:16
56:9,15 60:22 65:13,15
67:16,21 68:9,11,11,12
70:7,8 72:15 74:13 78:2,4
78:6 80:4 81:16
documents
13:12 16:3,5,9,15,18,21
17:2,7,11,14,20 18:14,21
19:15,17 20:4,8,12,16,19
20:22 21:10,20 22:6 23:4
23:11 26:15 31:13 38:3,5
38:12 47:17 79:22
doing
54:1 55:17 57:10 70:4
dollars
41:21 42:6 43:14 46:22
dominant
77:13
double
82:9
doubt
79:1
downloaded
56:11 65:17,20
dr
23:7 26:9 32:12 33:3,13
34:5,20 35:6 37:11 60:21
69:10
draw
82:18 83:1
drive
16:11
duly
9:13 87:5
e
eager
64:1
earlier
52:15 69:16 82:1

[early - friendly]
early
35:4,5
easily
55:12
eat
54:14
edition
5:16 6:4,13 28:4,5,5,7,21
28:22 29:2,7,9,10,13,16,18
30:6,15,16,20,21 31:1,3
32:6 33:19,20 34:4,17,19
35:22 36:16,19,22 37:16
40:5 44:5,21 45:9,10 47:7
47:8,11,19 48:22 52:21
54:22 56:19 57:13 58:20
59:7 61:4,6 64:2 66:3,12
66:14 68:4 71:18 74:21
75:1
editions
61:16 64:3,17
education
1:6 4:14 7:21 9:8
educational
1:3 4:7 5:8,12,14 6:2,11,14
7:18 9:5 12:15 14:6 66:9
effort
76:22 78:8
either
31:21
electronic
17:10 53:22 57:20 58:8
63:18 64:8
electronically
20:2 55:11,15
elgarten
3:3 8:22,22 14:7,20 15:3
15:11 17:13 18:4 22:13,19
23:14 26:11 27:8,12 31:12
35:18 60:1,6,14,16 65:4
66:5 68:10,20 76:9,12
85:11
else's
31:11
employed
12:12 87:11,14
employee
87:13
encompass
34:16
encompassed
31:3 34:12
encompasses
34:16
ended
83:11,14

entry
35:8 39:21 69:17
equivalent
28:13 51:12,15
error
76:21 77:6
esq
3:3,8,13,20
essentially
13:4 19:21
estimate
35:3 68:5
everybody
17:17 51:16 62:20,20
evident
71:4
exact
80:10
exactly
28:9,15 31:10,16
examination
4:2 9:16 14:3
example
72:2 75:3,12
excel
77:1
executed
86:6
executive
12:19 19:3 28:18
exhibit
4:6,9,12,15,19 5:2,7,12 6:2
6:5,6,11,14 13:16,17 14:15
14:16 15:8,9,15 19:4,6
24:4,5 26:1,2 33:8,14,14
34:6 37:3,4 56:3,4 59:17
59:18 65:1,2 67:17 68:7
69:11
exhibits
4:5 5:1 6:1,10
exist
20:3 72:2
expanded
44:9 71:20
expenses
41:11,14 47:13 69:21
experience
54:9 55:6
expires
86:19 87:22
explain
50:16
extent
17:9,9
extra
54:10

extrapolatable
54:8
extrapolate
28:16 71:7 74:3
extrapolated
31:18
eyes
74:19
f
facie
84:18
fact
61:14 73:2 74:7
faculty
44:12 75:6
fair
60:16,17
fall
50:2,15
familiar
15:18 19:9 24:8 27:18
family
84:7
fax
59:9,21 61:17 63:4
faxing
62:8
february
49:20
felice
1:15 2:9 4:2 7:16 9:4,12,22
10:10 85:15 86:11
felt
26:13
fenwick
3:9,14 8:19,21
fenwick.com
3:12,17
field
71:14
figures
31:14
filed
8:2
files
16:10 17:9 26:13,16,17
27:13 37:17
filing
14:1
filings
13:4
fill
65:8
fillings
13:14

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

film
67:11
final
22:8 50:4,4
financial
38:20 39:6 72:22 79:1
financially
87:15
find
26:19,20 55:9
fine
32:14 40:17 60:8
finish
11:21 24:18
firm
8:10,12 26:17 65:10
first
9:13 23:16 74:8 78:21,22
82:14,16
fiscal
39:17
five
42:17 80:7,12
floor
3:15
focused
14:2
folks
23:16
followed
27:3
following
31:4 84:22
follows
9:15
foregoing
86:3 87:4,5
forget
84:7
form
6:6 59:9 61:18 62:8,10
63:8 65:16 66:4,18 67:8
format
63:16,19 64:8
forms
24:2 54:17 71:8
forth
14:1
found
16:22 17:20
four
34:17 35:1,12,13 42:17
francisco
3:16
friendly
62:18

[front - january]
front
11:4 14:21 48:16
full
82:14
functionally
47:22
fund
39:16 84:18
fund's
45:7 46:5
further
32:7 52:21 87:12
g
gap
30:19
general
3:20
generated
80:17
getting
50:11 64:19
give
12:9 23:17 35:13
given
10:11 77:12 85:15 87:10
gives
52:14 73:18
go
7:13 16:8 17:6 19:20 20:14
21:4 32:7 36:1 41:19 55:17
57:10 58:16 75:13,22
79:11
going
7:4 10:19,20 11:13 18:6
22:14,21 28:15,16 29:5
30:2 32:18,21 34:13,13
49:17 51:11 54:5 67:15
69:1,5 70:1 76:13 85:13
good
7:3 9:18 13:11 54:16 59:12
74:18
gray
66:10
great
10:10,13 12:12,17 15:7
16:1 20:21 23:21 57:1,20
70:10
gross
48:2,9 69:21 70:1
group
75:2
grouping
83:7
guess
28:15 29:12 35:2

guidance
44:9 71:13,22
h
half
15:12
hand
59:10 67:15
happen
61:15 71:1
happened
30:21,21 31:10 32:6 71:4
82:12,14
happening
50:15 81:10,11
happens
84:6
hard
12:3 16:14 17:9 20:1,2
52:22 54:6
head
12:2
heads
67:1
held
2:10 8:6
help
13:12 75:9
helps
62:20
hereto
87:15
hey
55:1
hi
9:19
hiatus
31:19 32:8
high
74:7
higher
43:10 70:20 77:2,19 82:8
hits
77:15
hope
59:20 78:22
house
79:9
how's
28:17
huh
11:7 19:16 21:19 22:2 25:5
34:7,10 36:5 40:2 41:7,22
42:7,13 44:3 45:16 46:2,16
53:12 66:17 67:20 70:18
72:11 74:14 75:15 79:15

huh (cont.)
81:17,17 85:8
huhs
12:3
human
76:21 77:6
hypertext
57:12,16 58:2,20 59:8
i
i10
36:15
i8
36:15
identical
33:18
identification
13:18 14:17 15:10,16 19:7
24:6 26:3 37:5 56:5 59:19
65:3
identified
26:6 37:8 39:9
illustration
75:8
immediate
55:19
important
82:21
inc.'s
4:6,9,12
include
61:14
includes
64:5
including
57:13 78:11
income
39:22 40:15 44:17,20
69:17,19
incomplete
25:14
incorporated
7:18,20,21 8:1 30:18 31:21
incorrect
25:14
increase
72:5 73:21
increasingly
73:5,5
individual
78:14,16
infer
30:2 50:3
inference
35:19

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

inferring
34:15
information
16:11,12 24:2 25:18 26:21
33:19 52:14 61:4
informing
61:4
initial
10:1
initially
38:2 79:11
insofar
33:18 63:21
instances
63:6,9
institutional
43:2
institutions
43:7
intend
21:21 22:6
interest
64:18 71:15 74:11
interested
74:22 77:14 87:15
interfere
7:10
interference
7:8
interim
52:11
interrogatories
5:6 24:16 25:19
intervals
80:7,11
introduce
33:7
inventory
38:18
ipad
54:2
ish
79:10
issue
29:19
issues
14:3
item
44:16
items
47:15,16
j
january
30:3,4 49:20 52:6 53:2
73:11

[job - methods]
job
1:21
joint
51:6 84:20
joke
13:10
judge
11:4
judgment
23:3
july
31:8 48:22 51:14,15
jumps
80:13
june
84:14 87:22
jury
11:5
k
keep
39:4 51:16 60:4
kept
28:11 38:14
kind
30:7 43:8 50:8 51:15 55:10
58:4,10 81:11 83:6
know
11:16 12:2 17:19 18:13,20
20:2 27:9,11,15,19 30:10
30:15 31:10,20 32:1 34:21
34:21 35:11 36:14 38:22
48:4 50:4,10,18 54:7,12,13
55:1,3,9 62:1,17 63:7
64:20 65:20 67:2 69:20
71:2,5,18,22 72:4,21 73:2
73:3,4,22 77:12,13 78:6,15
78:17 81:10,10 82:9,11
84:2
knowledge
10:12 17:4 20:20 21:12
28:16
l
label
67:12
lack
36:17
language
22:13 23:8
large
49:21
larger
83:19
laughed
13:10,10

launching
81:12
law
26:17 59:13 65:10
laws
86:3
learn
62:7
lecture
54:2,3
lectures
55:3
left
23:18,19,22 59:10
legal
8:10,12 22:15 23:7 85:18
legally
23:4
level
81:14
levine
1:15 2:9 4:2 7:16 9:4,12
10:1,11 23:1,8 26:9 27:2
31:12 32:12 33:3,13 34:5
34:20 35:6 37:11 60:21
69:10 85:15 86:11
libraries
64:21
library
43:2
life
71:11
limited
71:11
line
29:21 54:6
linearly
50:7
link
57:12,16 58:2,20 59:8
links
71:5
list
65:5
literal
79:8 80:8,13,14
literally
30:5,10,16
litigation
21:22 22:7
little
13:8,9 24:21 31:18 32:8
47:9 79:19 82:8
llp
3:3,9,14

located
8:7
logically
31:18
long
11:16 17:21 18:2 60:19
65:8
look
16:14 21:17 29:21 39:12
39:20 40:6 44:22 55:1,1,1
64:1 66:8 74:15 79:17
82:15,20 83:5
looked
16:10 26:15 35:20 47:15
looking
28:9 33:21 43:21 49:4,10
50:3,17 51:4 53:1 61:11
74:2 76:6
looks
31:8 61:14,16 68:3 80:6
loss
39:21 69:17
lot
50:11 60:9 74:10
m
machine
59:22
mail
59:9 61:16,18,20 62:5,7,10
66:19 67:3,9,13
mailed
63:7,9 67:7
mailing
55:9
mails
16:12 18:16 21:8
major
64:5,15
management
18:9,18 38:20 39:1 51:5,5
51:7 52:5 72:17
managing
18:9
march
49:21
mark
13:9,16 14:15 15:8,14 19:4
24:4 26:1 37:3 56:3 59:17
65:1
marked
6:10 13:17 14:16 15:9,15
19:6 24:5 26:2 33:8,11
37:4 56:4 59:18 65:2 67:16
67:19 68:7 69:11

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

match
76:9
material
16:17 19:22,22
matt
27:5
matter
7:17 22:15 30:20 33:12
67:19
matthew
3:13 8:21
mbecker
3:17
mean
16:16 22:12 23:22 27:19
34:21 38:1 40:3 41:2 42:20
44:19 45:11 48:1 64:12
65:14 80:9
meaning
56:6 82:15
means
54:12 75:17 77:15
measurement
1:6 4:14 7:21 9:8
mechanism
17:8
media
7:14 69:2,6 85:17
medication
12:8
meeting
51:4,11 52:5 62:15 72:17
72:19
meetings
51:8
member
17:21 42:21 52:16 75:2,17
members
43:4,4 62:15 66:21 75:4,18
membership
63:2,13 67:3,4,5,13,14
memory
48:6 58:13
mentioned
43:7 53:10
merchants
78:17
met
52:11
method
60:12
methodology
64:16
methods
64:16

[microlevel - pennsylvania]
microlevel
79:19 80:5
microphones
7:6,10
mid
31:1 44:6 72:20
middle
9:22
mind
55:10 60:4
mini
72:16,17
minimis
32:2
misinterpret
40:13
missing
77:7,9
modality
64:4
mode
77:13
modest
54:10,13 72:4
moment
60:17
monitor
31:7
month
50:7 52:9 53:2,7
months
50:19 74:8 78:22 82:17
83:11 84:14
moring
3:3 9:1
morning
7:3 9:18
mountain
3:10
moving
42:11 43:12 45:13,21 46:7
46:13
n
n.w.
2:13 3:4
name
8:9 9:20 10:2 58:11
national
1:6 4:13 7:20 9:7
nature
18:4
ncme
1:14 2:9 5:11,20 7:15 18:1
18:5,7,13,20 19:3 20:21,21
21:4,8,10 26:7 37:9 75:4,4

ncme (cont.)
75:17,17 85:16
necessarily
71:6
need
11:15 33:21 48:5,5 82:21
needed
79:11
needs
58:4 71:22
neighborhood
78:13
neither
87:10
net
41:10,13 69:21 78:9
new
24:1 29:16 30:15,15,21
31:1,2 36:13,16,19,21,22
44:13,21 50:13 54:20
71:18 72:1 73:5 74:21 75:1
nine
75:4,14,18
noah
39:3,4
nods
12:2
nonelectronic
53:18
nonmember
42:21 52:16 75:5 78:12
nonmembers
75:2 78:11
northwest
8:7 12:22
notary
86:19 87:1,21
note
7:6 22:7 66:16
notes
54:6
notice
2:16 4:7,10,13 14:5 60:3
noting
60:7
november
32:1,10 49:22 50:12 51:12
51:13 79:12
nuanced
52:14
number
5:18 30:22 34:14 39:13
45:8,15 46:1,9,15 49:5,6
49:18 58:15 62:5 69:21
70:1 72:5 75:1,13 76:1
77:1,2,17,18,18 78:9 80:6

number (cont.)
85:16
numbered
39:11
numbers
31:2,3 33:15 36:4 39:14
40:16,18 43:18,21 48:7
53:1 76:9 78:22 80:8
o
oath
11:2
object
26:22
objections
4:16
obsessing
81:9
offer
57:20
office
19:22
officer
87:3
okay
11:11,18 12:1 17:11 19:1
20:16 21:4,16 22:3 23:13
25:2,17 28:6,19 29:1,8,14
29:21 30:8,12 32:16 33:7
34:5 39:8,14 40:17 41:4,12
45:13 49:4 51:17 52:8
56:14,14 59:2 60:14 62:9
65:9,19 66:2 67:15 68:17
68:20 70:2,9,9,12,14,16
74:19 76:5,12 79:20,20
80:3 81:7 82:11 84:22 85:9
old
26:21 30:6 59:21 62:14
64:19
once
10:7 38:6 78:16
ones
17:16,16 65:22
online
57:9,16 58:8,22 61:12
opened
35:21
opportunity
33:4
order
6:6 57:8,15,19 58:8,20,22
59:7,7,9 61:17 62:10 63:7
65:16 66:3,4,13,18 67:8,9
67:11
ordering
49:18 56:18 57:2,13

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

orders
32:9 49:22 50:11
ordinary
28:12 38:14
organization
18:7
organizations
15:1,5 29:3 43:5 51:6
original
27:12
originally
83:9
ottaviano
3:20 9:2,2
outcome
87:16
overly
60:3
p
page
4:2 21:13,18 22:3 25:3,4
39:9,10 48:16 51:18,18
59:10 62:4,4 69:14 70:3
74:12 76:6,6,19 77:17 78:1
78:3,7 79:14,14,16 81:15
84:9,12 85:1,1
pages
1:22 13:8 62:5 80:4
part
18:18 56:17 84:7
partial
29:12
particular
50:5 58:4 62:3,4 78:7
particularly
50:19 55:5
parties
2:17 7:13 17:14 87:11,14
party
58:10
payments
47:6
pdf
58:5 66:18 67:11
penalty
11:3 86:2
pending
11:17
penetrates
77:15
penetrating
73:5
pennsylvania
3:4

[pent - quantities]
pent
74:10
people
36:15 62:16 64:19
percent
48:2,4 78:13 83:3,13,21
84:1,20,21 85:3
percentage
82:2 83:2,6,13
perfect
66:22
performance
73:3
period
30:1 46:6 50:13 52:7 53:2
53:3,7 73:1 74:1
perjury
11:3 86:2
person
61:18 63:14
persons
78:17
ph.d.
1:15 2:10 4:2 86:11
phone
51:14 62:19
phones
7:9
physical
79:7
pick
7:7
picks
29:10
pieces
37:21 38:3 64:6,19
place
7:9,12 67:8
plaintiffs
1:8 3:2 4:15,19 5:2 7:22
22:4,5,11,18 23:10 24:15
25:9,17 26:5 27:7,7,9 37:7
37:20
plaintiff's
16:2 19:13
planning
54:4
plans
64:7
platform
58:3,4,5,10,13 79:2,5
please
7:6,9 8:17 9:10,20 11:9,16
11:19 12:20 19:5 21:13
24:4 25:4 26:1 37:3 39:9
48:15 51:17 56:3 59:9,16

please (cont.)
65:1 68:6 69:10,13 70:2,6
74:12 78:1 79:13
pleased
73:2
point
32:3 39:18 43:1,20 49:1
71:5,21 72:15 77:21
portal
56:17
pose
23:2
posed
15:22
potential
61:5
practice
36:13
practices
44:10 71:13
pre
35:8,10
preceding
28:5,6 29:7,8
preparation
36:19 37:1
prepare
13:3 51:3
prepared
38:2 52:4
preparing
49:22
present
2:16 3:19 8:14 26:16,17
60:13
presumptive
36:11
pretty
62:14,18
previous
33:11 58:20 59:7
previously
6:10 21:21 33:8 40:12 53:9
67:16,18
price
43:1
prices
43:3
prima
84:18
primarily
14:2
print
21:9 52:17 53:11,14,19
54:11,12,22 55:6 64:2 79:9

printed
79:9,10
printer
79:5,7,8
printing
47:14,16 79:12 80:1
prior
13:5,6 27:3 28:20 29:2
33:4,20 34:16,18 40:13
47:16 61:15 67:19 71:5
72:15
private
7:7
probably
21:6 29:11 51:14 72:5
77:12 78:12 79:10
proceeding
85:19
process
47:7,10
produce
16:18 17:11 20:4,16 26:22
37:18 51:9,9
produced
14:10 17:14 21:21 22:5
26:5,12 27:7,8,15 37:7,20
38:5 68:10
producing
22:6,12 23:8
product
36:18
production
4:18,22 21:18 27:3 35:4
products
63:22
profit
39:20 69:17
program
71:19
progressive
63:21
project
18:19 54:21 84:21
projected
39:18 43:18 47:3
projection
43:13 46:21
proprietary
39:2
protection
58:5
provide
12:6
provided
21:3 31:14

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

provider
58:2
psychological
1:4 3:21 4:10 5:9,15 6:3,12
6:15 7:19 9:6 29:4 66:10
public
86:19 87:1,21
public.resource.org
1:10 4:6,9,12 8:1
public.resource.org.
8:20
public.resource.org's
4:17,20 5:5 16:3 19:14
24:16
publication
35:5 39:21 40:15 44:17
63:1 69:17,19 71:12,12
74:9
publications
56:17 63:3,13 71:9,10,16
published
28:22 29:2 30:5 36:22
publisher
47:12,12 55:20 63:21 84:1
publishers
58:15 64:1
publishing
58:14,14
pubs
62:5
pull
55:13
purchasable
58:6
purchase
55:16 61:10,11,19 64:6
purchased
41:17 42:17,20 74:2
purchases
52:16,17,17,18 71:3 75:9
77:11 80:14
purchasing
58:17
purposes
38:4 50:6,21 53:21 80:1
pursuant
2:16 27:4
put
14:20 66:14 67:11 80:8
q
quaintly
74:22
quantities
72:13

[quantity - sales]
quantity
66:14 77:12
question
11:8,10,14,16,21 22:16,20
23:2,7 24:19 40:13 49:16
65:4 66:21
questioning
60:18
questions
10:20 14:11 15:21 24:12
26:12 27:14 60:8 65:7 67:4
85:10,11
quick
32:13,15 68:19
quickly
55:14
quite
42:22 63:20
quote
71:9
r
range
55:18
rate
35:3
reach
64:3
read
13:5 55:15 57:14
reader
55:5
reading
53:21 54:7 59:12
real
26:20 72:3
really
13:8 18:8,10 23:15 26:21
32:3 50:7 54:4 62:18 65:10
67:13 71:5,6 74:8 76:21
80:11 81:9 82:8,20
reared
53:18
reason
12:5,7 25:12,15 50:22
52:10 73:20,22 76:20
reasons
54:15
recall
55:12
recalling
84:3
receive
81:8
received
21:2

recess
32:20 69:4
recognize
13:20 14:19 26:9 37:11
48:18 51:21 56:9 60:21
65:13 67:21
recognizing
73:16
recollection
13:13 83:12
recommend
56:1
record
7:4,13 8:17 9:21 10:21
12:21 26:4 32:19,22 34:1
35:7 37:6 69:2,6 82:1
85:14 87:10
recorded
7:15 77:6,9
recording
7:12
reduced
87:8
referring
31:13
reflecting
74:7 79:3,4
reflects
47:5
refresh
13:13 48:6 83:12
refreshed
58:12
reimburse
47:21
reimbursed
47:13
related
87:10
relative
87:13
release
32:5 44:7
released
44:6 48:22
rely
21:22 22:7,14,21 23:4
remember
28:9 43:1 82:16
remind
53:22 55:13 57:15
remotely
8:15
rephrase
11:9 75:10

report
5:10 6:13,16 28:3 29:17
31:6 38:19 45:8 47:16
48:21 49:1,11 51:4 52:11
52:13,14 78:9
reported
1:19 32:4
reporter
8:11 9:10 10:20 11:20 12:4
13:16 14:15 15:14 24:3,22
25:22 37:3 56:2 64:22
reporting
33:18 39:6,15 80:9
reports
5:17 37:16 51:11
represent
33:10 45:5 56:10 57:17
67:18 72:12 79:21 80:4
represents
45:6
request
16:3 19:14 21:18 22:1,18
requests
4:17,21 16:6,19 17:3,12
19:18 20:12,17 21:1,11,20
24:12
reread
13:4
research
1:3 4:8 5:13 7:18 9:5 12:15
14:6 36:12 55:8 64:15
71:19 79:18
respective
2:17
respond
22:11
responded
15:22 17:17
response
4:16,20 16:6,19 17:3,12
19:18 20:6,9,12,17,20
21:11 22:4,9
responses
5:4 16:2 19:13 22:18 24:13
24:15 25:9
responsive
17:16 20:22 25:18
restrict
60:3
retained
85:17
rethought
71:22
reupdated
72:1

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

revenue
48:11 80:17
revenues
44:16 48:8,10
review
13:6,12 33:4 36:1
revising
54:21
revision
36:14
rfp2
5:11,20 26:7 37:9
right
22:19 32:16 35:9 44:17
51:19 57:18,19,19 58:19
76:17 77:3 83:7 84:17
role
27:2
roll
67:1
room
8:14 53:21
roughly
34:22,22 35:14
royalties
46:18 48:8
royalty
44:16 45:7,19,20 46:5,11
47:5,20,20 48:1,2,8,11
81:19 82:1,8 83:2,5,6,13
83:15 84:13,19 85:4
rule
4:6,9,12
run
54:20 79:11
running
29:5 81:12
russo
1:20 3:22 8:9,12 87:3
s
sale
43:2,2 46:11,18 57:21
62:13 74:5
sales
5:10,17,18 6:13,16 28:3
29:6,12,17 30:3,8,22 31:3
31:4,14 32:4 34:2,12,17
35:4 36:16 37:16 38:19
40:5,21 41:8,9,15 42:2,9
42:14 43:9,18 44:1,8 45:7
45:8,17 46:3 47:3 48:3,21
49:16,21 50:6 52:2 53:4
56:7 60:11,12 68:4 69:18
70:12,19 72:8 73:8,11 74:1
75:5 76:1,15,18 77:14 78:9

[sales - submitted]
sales (cont.)
78:12,19 80:6,19 82:17
san
3:16
saved
16:11
savvy
53:20
saw
80:19
saying
52:15 55:2 70:5 85:3
says
29:22 35:9 41:20 42:6,12
43:13,14 44:16 46:8,21
59:9 66:9,11 76:1,18,19
83:2,2,5 84:17
school
59:14
scientific
36:12
scientist
77:8
scientists
44:11
scope
60:2
screen
54:22
scroll
57:14
search
16:5,22 17:2,20 19:17
20:11,22
searched
18:13 21:3
searching
16:8 17:6 19:20 20:14 21:5
second
4:17 5:6 79:12
seeing
30:18
seen
68:3
self
71:4
sell
64:2
selling
32:9 43:1
semester
50:1,2,13,15
seminar
54:3
send
66:19

sensitive
7:7
sent
18:17
separate
39:5
september
30:17 49:2,3 51:1 52:6
53:3 71:7 72:15
series
10:19
service
63:2,14 67:3,6,12,14
serving
79:4,6
set
4:17,21 5:6 14:1 35:3 50:4
sets
24:11
shannon
3:8 8:18 10:2
share
16:11
sheet
80:19
shelf
54:18 55:13 71:11
sheridan
79:2
short
32:20 69:4
shorthand
87:7
showing
5:18 31:14
shows
34:14 73:10
side
31:19 59:10 66:21 74:17
sight
55:10
signature
25:6
silicon
3:10
similar
17:8 55:2
similarly
29:15 54:17
sit
58:3
six
74:8 75:8 78:22 82:16
83:11 84:14
sixth
66:10

skim
53:22
slight
76:10
small
62:14
smaller
18:7
snapshot
72:19 73:16,19
sold
5:19 49:4,6 72:13 75:2
solutions
8:10,13 85:18
somebody
31:11 56:1 62:18,22 63:3
76:14
sorry
23:14 24:20 36:9 42:3
49:13 71:3
sort
50:10 73:15,18
source
27:13
spaces
2:12 8:7
speak
54:9
speaking
35:7
specific
5:19
specimen
61:3
speed
55:14
spell
9:21
spend
60:9
split
48:9 82:5 83:18
spoke
53:9 73:20
spoken
57:1
spreadsheet
39:5 77:1
stable
50:18
stack
16:17 21:6
staff
54:19 57:6 62:16 63:1
76:14

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

staffing
21:8
stages
71:19
standard
34:1,11 35:16 36:6 41:9
42:2,9,15 44:1,8,14 45:6
45:18 46:4,11,18 47:3
55:17 57:2,8,21 58:9,17,21
59:8 61:19 62:11 63:8,15
64:10 66:9 69:18 72:8 73:8
75:20 81:1,3 83:19,21
standards
5:7,14 6:2,5,11,14 18:19
19:21 28:4 36:21 39:4,16
40:22 43:19 61:12 74:10
75:21 78:20 81:19 83:15
standing
17:21 18:2
start
69:6
starting
48:22 77:22
starts
35:11
state
8:15 9:20 12:20 33:13
statement
52:15
statements
25:9,13 72:22
states
1:1 8:3 22:4 81:18
step
32:7
storage
58:15
store
57:9,16 58:21 61:12
stores
75:6,7 78:18
street
2:13 3:15 8:7 12:22
students
44:11 77:16
stuff
81:12
sturner
3:12
style
59:21
subjects
65:5
submitted
13:14

[subscribed - united]
subscribed
86:14
suggests
73:3
suite
13:1
summated
35:10,10
summer
50:15 74:6
superseded
71:16,17,18
suppose
14:2 16:16 31:20 42:18
53:17 54:11,18 55:4,19
57:3 61:15 62:6 64:11 68:2
71:4 75:4 76:21 79:10 80:7
83:9,10,15
sure
9:22 17:21 18:3,15,22 19:2
32:17 49:11 59:15 60:12
61:22 66:8 75:11
suspect
30:6
swear
9:10
switched
82:6,17
sworn
9:13 86:14 87:6
system
38:20,21 39:1,7
t
tab
29:5 59:11
tables
79:19
taken
7:16 32:20 69:4 87:4,7,12
talking
11:22 24:22 78:17
tank
47:1
teachers
44:12
teaching
50:9 64:15
team
67:5,14
technologically
53:20
technology
72:3
tell
9:13 17:13 27:20 30:1 31:5

tell (cont.)
39:10 47:9 52:1 53:15
70:11 74:20 80:3
ten
43:11 52:9 53:2,7 78:10,16
80:20
tend
51:3
test
44:12,13 54:20
testified
9:15 10:13,16 69:16 82:1
testifying
14:22 15:4
testimony
1:14 2:9 7:16 10:11 12:6
13:7 33:5 35:15 85:15 87:4
87:6,10
testing
5:9,15 6:3,12,15 18:19
19:21 28:4 44:10 66:10
83:19,21
tests
54:20,21
text
83:7
thank
13:2 18:1 23:21 25:21 33:1
33:9,22 34:5,20 35:6,15
36:3,20 37:22 38:7,12 39:8
44:15 45:20 48:15 58:16
59:13 60:15 69:8 75:22
85:12
things
18:17 20:1 23:22 55:12
72:1
think
17:15 26:14,20 27:5 28:8
28:10 32:15 35:22 41:2,3
43:10 48:6 51:18 54:8,16
55:7 57:17 58:19 59:20
60:1,17 62:14 63:20 64:13
65:10 69:22 71:10 74:17
79:5,18 82:10,16
thinking
64:17
third
4:21 19:14 58:10 78:12
thought
13:5
three
14:22 15:4 17:14 18:7 29:3
43:5 51:6
tie
78:22 79:1

time
11:15 23:16 30:1 32:19,22
60:9 69:3,7 74:1
times
10:6 35:1,12,13
title
12:17
today
8:11,20 10:3,20 12:6 14:4
14:12
today's
13:3 85:15
told
26:14
top
34:9 57:18 70:10 75:13
81:18
topics
14:2
total
49:4,5 70:12 72:13 73:11
76:1,1,15,18 83:6 85:16
touch
53:19
tough
24:21
trained
53:18
training
50:6,20
transcription
87:8
transfer
76:22
trial
10:14
triangulating
29:16
true
25:9 41:13 86:4 87:9
truth
9:13,14,14
truthful
12:6,9
try
26:19 75:10
trying
60:3,6 64:3
tsc
1:4 8:5
turn
7:9 21:13 22:3 25:3 34:6
39:9 41:4 44:13,15 48:15
51:17 59:6 68:6 69:10,13
70:2,16 74:12 76:5 78:1
79:13 81:15 84:9

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)

turner
3:8 4:3 8:18,18 9:17 10:2
13:15,19 14:9,14,18 15:7
15:13,17 17:18 18:12 19:4
19:8 22:17 23:6,9,20 24:3
24:7 25:22 26:4,8 27:6,16
27:17 32:11 33:1,2 36:2
37:2,6,10 56:2,8 59:16
60:15,18,20 64:22 65:6,12
66:7 68:14,18,22 69:8,9
76:10,16 85:9
turning
53:10
twice
51:8
typical
35:3
typically
51:8
u
uh
11:7 12:2,3 19:16 21:19
22:2 25:5 34:7,10 36:5
40:2 41:7,22 42:7,13 44:3
45:16 46:2,16 53:12 66:17
67:20 70:18 72:11 74:14
75:15 79:15 81:17,17 85:8
uhs
12:2
ultimately
22:22
unanticipated
49:17
unaudited
39:18 46:14
unclear
11:9
understand
10:22 11:6,13 14:10 16:1
19:12 23:6 24:14
understood
27:16
underwrites
47:19
underwritten
82:7
underwrote
47:12
undoubtedly
52:4
unit
7:14 69:2,6
united
1:1 8:2

[units - zero]
units
5:19 34:12 49:6 85:17
university
49:19 64:20 74:5 75:7
unknown
77:10,11
unquote
71:9
unusual
51:10
update
57:3
updated
36:14 44:9 51:16 60:13
61:13
uptick
74:1
use
58:12 59:9 64:20 71:20
72:3
user
44:10 54:9 62:18
users
54:17 61:5 73:6 77:15
usually
30:7
v
valley
3:10
value
36:17 71:20
variation
73:16
various
37:16 65:18
verbalize
11:19
verify
33:21 82:14,21
verifying
25:8
veritext
8:10,12 85:18
version
53:22
versions
34:11
versus
7:22
video
7:11,15
videographer
3:22 7:3 8:11 9:9 32:18,21
69:1,5 85:13

videotaped
1:13 2:8
view
3:10 77:8
virtue
18:18
volume
77:14 80:19
volumes
64:5
vs
1:9
w
waiting
36:15
walk
40:15
wandering
65:5
want
23:2 32:12 36:14 53:13,16
53:17,21 54:1,5 60:5,8,9
60:12 66:5 76:11,15 78:6
79:17 81:13 82:9,13
wanted
23:7 58:16 66:13 81:10
wants
62:21
washington
1:15 2:14 3:4 8:8 13:1
watch
31:10,11
ways
49:17 55:18,22
website
55:20 56:16,21 57:4,10,22
61:3,8,11 64:1
weird
50:11
went
16:16 20:1 21:8 47:17
59:13,15
west
3:9,14 8:19,21
we've
37:17
whispering
7:7
wide
71:14
wider
71:15
wisdom
71:13

withheld
z
17:19,22 18:3,20
zero
withhold
41:20 42:6 43:14 46:21
16:21 20:8,19 21:10 25:17
withholding
23:10
witness
9:4,10 14:8,11 15:2 17:15
18:6 23:15 27:11 31:16
35:20 56:6 59:20 65:8
68:13 76:13 87:4,6,10
word
54:12 57:4
words
30:14
work
12:20 64:4 71:19 73:4
workplace
50:17
works
58:15 61:16
workshop
50:10,20 54:4
workshops
55:3 74:4
world
53:19 71:9
worldwide
72:6
wow
74:21
write
11:20 12:4
written
16:2 19:13 24:15
wrong
59:12 84:3
y
yeah
18:15 20:18 27:19 31:16
35:17 43:4,20 59:5 67:10
70:4 73:9 78:8 79:8 82:3
84:2 85:2,5
year
28:9 29:12 31:1,9,22 35:1
44:6 49:11 50:5 51:8 52:13
70:13 72:14,21,22 73:14
78:21 81:5,13 82:15 85:6
years
29:6 34:17 35:1,5,12,13
39:17 50:12 54:11
year's
29:6 31:4
yep
76:8 81:21

[8/16/2019] 2019 0816 LEVINE, FELICE (VIDEO)