J.T. Colby & Company, Inc. et al v. Apple, Inc.
Filing
162
DECLARATION of Mary Mazzello in Support re: 120 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Susan Schwartz McDonald.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1 (Part 1 of 5), # 2 Exhibit 1 (Part 2 of 5), # 3 Exhibit 1 (Part 3 of 5), # 4 Exhibit 1 (Part 4 of 5), # 5 Exhibit 1 (Part 5 of 5), # 6 Exhibit 2, # 7 Exhibit 3, # 8 Tab - Colby 30(b)(6) Dep, # 9 Tab - Jacoby Dep, # 10 Tab - McDonald Dep, # 11 Tab - Nowlis Dep)(Cendali, Dale)
1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------X
J.T. COLBY & COMPANY, INC.,
d/b/a BRICK TOWER PRESS,
J. BOYLSTON & COMPANY
PUBLISHERS LLC and
IPICTUREBOOKS LLC,
Plaintiffs,
vs.
No. 11-cv-4060 (DLC)
APPLE, INC.,
Defendant.
-----------------------------X
DEPOSITION OF STEPHEN M. NOWLIS
Friday, December 14, 2012
New York, New York
9:30 a.m.
Reported by:
Maureen Ratto, RPR, CCR, CLR
Job No: 27929
106
NOWLIS
1
2
here and I want to make sure that I
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point out the -- the issues that I
4
raise in my original report so we have
5
consistency across the two.
6
Q.
I'm fine with that.
7
A.
Okay.
8
Q.
Though, again, I'm only
9
Okay.
interested for the purposes of this
10
question only in Dr. McDonald's
11
description of her survey design and
12
her reporting of its findings. And so,
13
that's contained within pages 8 through
14
and including 17?
15
A.
I see.
I didn't catch that.
I
16
see what you're saying, because in my
17
report I talk about -- I see that I --
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I mentioned page 5, page 7, page 6 and
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then page 7 again, so you want me to
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not focus on that part, you want me to
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go forward to page 8 even though I
22
never cited anything on page 8 and
23
forward, in my original report, just to
24
make sure we're clear?
25
Q.
We are clear.
That is correct.
DAVID FELDMAN WORLDWIDE, INC.
450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
110
NOWLIS
1
2
number of things in here and what
3
exactly you wanted me to focus on.
4
I'm focusing on "dramatic rhetoric,"
5
which I wrote in my report about the
6
earlier pages, so now I will see --
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look at the later pages.
(Whereupon, the Deponent reviews
8
9
10
So
the document.)
A.
Okay.
I would say I don't see
11
any examples of, quote/unquote,
12
dramatic rhetoric, from pages 8 to 17.
13
I see lots of other problems but I
14
would not phrase those as "dramatic
15
rhetoric" for these pages,
16
specifically.
17
Q.
Thank you.
And taking a look at
18
paragraph 19, page 7 of your own
19
report, that paragraph begins with the
20
words "Dr. McDonald's report." Correct?
21
A.
Yes.
22
Q.
And indeed, the heading B under
23
which paragraph 19 falls, begins
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"Dr. McDonald's Report"?
25
A.
That is correct.
DAVID FELDMAN WORLDWIDE, INC.
450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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