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 15

Page 1
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

EDWARD CARRINGTON, et al.,

)
) No. 1:08-CV-001 19
Plaintiffs,
)
)
v.
)
)
DUKE UNIVERSITY, et al.,
)
)
Defendants.
)
______________________________)

VIDEOTAPED DEPOSITION OF
STEPHEN DEARNLEY SCHOEFFEL
Thursday, February 23, 2012
Cary, North Carolina

Court Reporter:

Nancy J. Martin, California and
Delaware CSR, RPR

Page 130
1

Q.

How long did you stay at the house on

2

Urban Street?

3

A.

I don't remember exactly how long I stayed.

4

I stayed long enough for some people to come back from

5

610 and stayed a little bit longer than that and then

6

went back to my dorm.

7

Q.

Who came back from 610?

8

A.

The only guy I remember specifically coming

9

back is Rob Schroeder.

He's the only guy I remember

10

specifically.

11

Q.

What do you remember about him coming back?

12

A.

I remember the general sentiment of the crowd

13

that came back was "That was really lame."

14

talk about the girl just trying to take the money and

15

the feeling that that was a letdown.

16

were like saying that that was just kind of a -- you

17

know, a waste of time.

18
19
20

Q.

There was

That the guys

How did they express to you that it was a

letdown?
A.

Just, you know, through -- so Bo and I

21

continued to play the video game, and people were

22

having these side conversations or, you know, in

23

response to kind of a general question of "What's up?

24

What's going on?"

25

Q.

To your knowledge, before you left the party,

Page 131
1

were there any non-lacrosse players in attendance?

2

MS. SMITH:

Steve, I'm just going to object

3

to the extent that that information you only know from

4

your representation with Ekstrand & Ekstrand, and I

5

instruct you not to answer.

6

THE WITNESS:

Right.

7

I learned from counsel later.

8

This is something that

BY MR. FALCONE:

9

Q.

10

referring to?

11

A.

From Ekstrand.

12

Q.

When you left the party then, you didn't see

13

When you say, "counsel," who are you

any non-lacrosse players at the party?

14

A.

No.

15

Q.

Did you consider the party a team sanctioned

16
17

event?
A.

I didn't consider it in any sort of official

18

gathering or event in -- that kind of goes along with

19

a party.

20

an event because it was far more informal in my mind.

21

Q.

I wouldn't call it that.

I wouldn't call it

Were there any team members -- when you left

22

the party, were there any team members that weren't at

23

the party?

24
25

A.

This is something that I've learned since

from just reading about who was there and who wasn't.

Page 187
1

any charge and decisions were made in the case, all 47

2

members of the men's lacrosse team had immutable

3

digital alibis that were corroborated by the witness

4

accounts of every individual present."

5

digital -- I'm sorry.

6

digital alibi?

Did you have a

Did you have an immutable

7

MR. EKSTRAND:

8

Answer the question if you could possibly

9
10

Objection.

answer it without revealing communications with
counsel.

11

THE WITNESS:

Okay.

12

MR. FALCONE:

Obviously, clear but for the

13

purpose of the record, the counsel that we're

14

referring to is Mr. Ekstrand?

15
16

MR. EKSTRAND:

Criminal counsel and anybody,

obviously, within the scope of the privilege.

17

THE WITNESS:

18

due to that counsel.

19

I answered that I can't respond

BY MR. FALCONE:

20

Q.

When did you first learn that your DukeCard

21

information had been subpoenaed?

22

MR. EKSTRAND:

23

To the extent that it calls for attorney

24
25

Objection.

cases with counsel, I'll instruct you not to answer.
THE WITNESS:

And I can't because of counsel.

Page 203
1
2

A.

So you're asking if the meeting itself

between Tallman Trask and --

3

Q.

No.

I'm sorry.

I'm asking about your

4

knowledge of the meeting, when you learned about it.

5

I'm trying to pinpoint that time --

6

MR. MULLINS:

The general time when you found

7

out about this information, not who told you or

8

anything like that.

9

THE WITNESS:

Just general.

10

I didn't know -- it was

after the fact.

11

Yeah.

BY MR. FALCONE:

12

Q.

After they had met with him?

13

A.

Right.

14

Q.

Do you think that your relationship with

15

Dr. Trask is any different than any other student at

16

Duke?

17

A.

You know, so with this information that I've

18

learned, I would say the same thing that I've learned

19

at a later date through counsel.

20

Q.

About your relationship with Dr. Trask?

21

A.

I would say that I do have a normal

22

relationship as any other student but it -- I was told

23

that he -- that he was in contact with the captains.

24
25

Q.

I'm not trying to -- if you're telling me

something that you learned from your counsel, I'm not

Page 204
1

trying to invade that.

2

information.

3

A.

4

I'm not trying to pull that

So your question, then, is do I have a

different relationship.

5

MR. MULLINS:

Let me just instruct you.

6

First of all, listen to his question.

Forget about

7

where you got the information.

8

relationship with Tallman Trask any different than any

9

other Duke student.

He asked you is your

10

THE WITNESS:

Okay.

11

MR. MULLINS:

And you have a right to answer

12

that question.

You don't have to say -- he's not

13

asking you where you heard information that you're

14

relying on to form this opinion --

15

THE WITNESS:

I see.

16

MR. MULLINS:

-- as far as all that.

17

THE WITNESS:

Okay.

18

MR. MULLINS:

He's just asking about the

19

relationship.

20

THE WITNESS:

To that question I would answer

21

that I have a different relationship to Tallman Trask

22

than any given student.

23

BY MR. FALCONE:

24

Q.

How so?

25

A.

You know, with -- I'm honestly, you know,