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)

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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

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here and I want to make sure that I

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point out the -- the issues that I

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raise in my original report so we have

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consistency across the two.

6

Q.

I'm fine with that.

7

A.

Okay.

8

Q.

Though, again, I'm only

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Okay.

interested for the purposes of this

10

question only in Dr. McDonald's

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description of her survey design and

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her reporting of its findings. And so,

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that's contained within pages 8 through

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and including 17?

15

A.

I see.

I didn't catch that.

I

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see what you're saying, because in my

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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

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never cited anything on page 8 and

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forward, in my original report, just to

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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

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number of things in here and what

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exactly you wanted me to focus on.

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I'm focusing on "dramatic rhetoric,"

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which I wrote in my report about the

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earlier pages, so now I will see --

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look at the later pages.
(Whereupon, the Deponent reviews

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9
10

So

the document.)
A.

Okay.

I would say I don't see

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any examples of, quote/unquote,

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dramatic rhetoric, from pages 8 to 17.

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I see lots of other problems but I

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would not phrase those as "dramatic

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rhetoric" for these pages,

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specifically.

17

Q.

Thank you.

And taking a look at

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paragraph 19, page 7 of your own

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report, that paragraph begins with the

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words "Dr. McDonald's report." Correct?

21

A.

Yes.

22

Q.

And indeed, the heading B under

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which paragraph 19 falls, begins

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"Dr. McDonald's Report"?

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A.

That is correct.
DAVID FELDMAN WORLDWIDE, INC.
450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099