MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 300

RESPONSE in Opposition re #294 MOTION for Protective Order for the Deposition of Plaintiffs' Litigation Counsel filed by ROBERT DEAN, MATTHEW DRUMMOND, DUKE UNIVERSITY, AARON GRAVES, GARY N. SMITH. (Attachments: #1 Exhibit 1 - Flannery Deposition Excerpt, #2 Exhibit 2 - 2007-01-31 Emails between Hendricks & Ekstrand, #3 Exhibit 3 - Tkac Deposition Excerpt, #4 Exhibit 4 - McDevitt Deposition Excerpt, #5 Exhibit 5 - 2012-02-14 Document Subpoena to Bob Ekstrand, #6 Exhibit 6 - 2012-02-14 Document Subpoena to Ekstrand & Ekstrand, #7 Exhibit 7 - 2012-02-14 Testimony Subpoena to Robert Ekstrand, #8 Exhibit 8 - 2012-03-14 Objections to Subpoenas, #9 Exhibit 9 - 2012-03-31 Email from Stefanie Sparks, #10 Exhibit 10 - 2012-08-14 Carrington Plaintiffs' Supplemental Initial Disclosures, #11 Exhibit 11 - 2012-08-17 Testimony Subpoena to Stefanie Sparks Smith, #12 Exhibit 12 - 2012-08-31 Objection to Subpoena, #13 Exhibit 13 - 2011-10-03 Duke's Defendants' Initial Disclosures in Carrington, #14 Exhibit 14 - Dowd Deposition Excerpt, #15 Exhibit 15 - Schoeffel Deposition Excerpt, #16 Exhibit 16 - Koesterer Deposition Excerpt, #17 Exhibit 17 - 2007-02-15 Letter from Cheshire to Coman, #18 Exhibit 18 - Catalino Deposition Excerpt, #19 Exhibit 19 - Clute Deposition Excerpt, #20 Exhibit 20 - Jennison Deposition Excerpt, #21 Exhibit 21 - Archer Deposition Excerpt, #22 Exhibit 22 - Oppedisano Deposition Excerpt, #23 Exhibit 23 - Sherwood Deposition Excerpt, #24 Exhibit 24 - Common Representation Agreement, #25 Exhibit 25 - McFadyen Deposition Excerpt)(FALCONE, JEREMY)

EXHIBIT 14

Page 1

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
EDWARD CARRINGTON, et al., )
)
Plaintiffs,
)
)
)
vs.
)
)
DUKE UNIVERSITY, et al.,
)
)
Defendants.
)
___________________________/

Civil Action
No. 1:08-CV-00119

VIDEOTAPED DEPOSITION OF KYLE W. DOWD
(taken by Defendant)
Thursday, December 29, 2011
New York, New York

Page 172
1

A.

Correct.

2

Q.

To the best of your knowledge?

3

A.

Correct.

4

Q.

Did everyone contribute the same amount

5

or were there varying amounts?

6
7

A.

Q.

Did the money go all for the hiring of

amount.

8
9

I believe everyone contributed the same

the dancers or was there also a portion that went for

10

the party itself?

11

A.

That I'm not sure about.

12

Q.

Was there alcohol at the party?

13

A.

Yes.

14

Q.

How did it get there?

15

A.

I do not know.

16

Q.

You didn't bring any alcohol?

17

A.

I don't think so.

18

Q.

But you remember drinking alcohol while

20

A.

Correct.

21

Q.

What type of alcohol did you drink?

22

A.

I believe I just drank beer.

23

Q.

Was there other alcohol available?

24

A.

I'm not sure.

25

Q.

If you could, starting with when you got

19

there?

Page 173
1

back from your nap, got back to 610 from your nap, walk

2

me through the evening, as you remember it.

3
4

A.

So I got back.

I believe the dancers

arrived not too long after that.

5

Do I have to give just a narrative now,

6

the entire night, or can we just ask more specific

7

questions?

8

Q.

We can go step by step.

9

A.

Yes, can we go step by step, please?

10

MS. SPARKS:

Can I just make a standing

11

objection in the beginning so I don't interrupt

12

you all the time.

13

To the extent that any of your answers

14

are based on conversations that you learned

15

from Ekstrand & Ekstrand, I would instruct you

16

not to answer those questions.

17

have your own personal knowledge, separate from

18

our conversations with you, then our

19

instruction doesn't apply to that.

20

MR. FALCONE:

21

instruction not to answer?

22

MS. SPARKS:

Now, if you

That's a standing

No, a standing instruction

23

not to answer if there is anything that you ask

24

among this -- I mean -- or I can do it each

25

question.

Page 242
1

I would say yes.

2

Can I just have a second to read this?

3

Q.

Sure?

4

A.

Okay.

5

Q.

This is addressed to you?

6

A.

Correct.

7

Q.

And these are fees that you incurred?

8

A.

Correct.

9

Q.

And these are fees that you paid?

10

A.

Correct.

11

Q.

Have you turned over all statements from

12

Poyner & Spruill related to your representation by

13

them?

14

A.

I believe so, yes.

15

Q.

Did you at some point learn that your

16

DukeCard information was turned over to the Durham

17

police?

18

MS. MOSS:

19

MS. SPARKS:

Objection.
Objection.

To the extent

20

that he learned it through counsel during our

21

representation of him, I would instruct him not

22

to answer it on attorney-client privilege.

23

Q.

What I am asking for is a fact, whether

24

or not you know, yes or no, whether your information

25

was turned over to the Duke police.