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 20

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

EDWARD CARRINGTON, et al.,
Plaintiffs,
vs.
DUKE UNIVERSITY, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

No. 1:08-CV-00119

Videotaped Deposition of
JOHN JENNISON
Thursday, February 16, 2012
San Francisco, California

Reported by: GEORGE SCHUMER, CSR 3326

Page 45
1

about whether that was going on?

2

A.

Correct.

3

Q.

When you said "a mysterious Durham Police

4

Department computer hacking team," you are referring to

5

the thought that they were getting into your e-mails,

6

and then sending e-mails from them?

7

A.

Correct.

8

Q.

What does "CHT unit" mean?

9

A.

I believe that was a humorous acronym for a

10
11

computer hacking team.
Q.

Was there an agreement among the team to stop

12

sending e-mails, in light of the concern of the Durham

13

Police Department?

14

MS. SMITH:

I'm going to put an objection in

15

here as to privilege, basically to the extent that any

16

events that were involving legal instructions from

17

Ekstrand and Ekstrand, as part of the joint defense

18

agreement -- I would instruct you not to answer.

19

If they are separate from any information from

20

us, or instruction from us, regarding his question,

21

then you can answer it.

22

MR. THOMPSON:

What she's saying is that if

23

the lawyer has told you guys "Stop sending e-mails

24

about these things," then that's privileged.

25

you, the team, had a conversation that wasn't keyed off

But if

Page 164
1

cotton shirt?

2

A.

No, I didn't.

3

Q.

Did you later hear that someone had made a

4

comment about a cotton shirt?

5

MS. SMITH:

Again, I'm just going to renew the

6

same objection, and instruct you not to answer if you

7

only heard it in the context of your attorney-client

8

relationship, or your relationship with Ekstrand and

9

Ekstrand.

10
11

THE WITNESS:

MR. FALCONE:

14
15

Q.

case.

12
13

Yes, I believe that to be the

You never heard that through

media reports?
A.

I heard it through different media outlets,

yes.

16

Q.

What was your understanding, based on what was

17

reported?

18

A.

That someone had made some off-color comment

19

regarding a cotton shirt, and some reference to one of

20

the stripper's grandfathers being responsible for that

21

shirt.

22

Q.

Is the media report inaccurate?

23

A.

In terms of what?

24

Q.

What you just told me.

25

A.

No, I think that's in line with what I just

In terms of...