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 21

Page 1
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
No. 1:07-CV-00953

RYAN MCFADYEN, et al.,

)
)
Plaintiffs,
)
)
vs.
)
)
DUKE UNIVERSITY, et al., )
)
Defendants.
)
__________________________/

*** ATTORNEYS' EYES ONLY ***

VIDEOTAPED DEPOSITION OF BRECK BERNARD ARCHER
(Taken by Defendants)
Durham, North Carolina
Thursday, April 19th, 2012

Reported in Stenotype by
Sophie Brock, RPR, CRR
Transcript produced by computer-aided transcription

Page 234
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time to review every single piece of -- you know,

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every single document related to the -- you know, not

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just the Judicial Board process, but the university

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policies.

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Even though, I mean, I've been provided,

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but, as I said, I've -- I've been in a training

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program.

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when I was done, but I've been living in a barracks

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for a month without Internet access or phone

I was trying to do this deposition in June

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reception, so -- and I got married last week, for the

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record.

I've said it before, I'm sorry.

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But I just wish I -- I could have.

I --

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from -- from the extent of my knowledge, I mean, those

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are just a few I'm listing, and I wish we could

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just -- I mean, if I had more time to -- to review

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everything with counsel, obviously, I could bring up

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more specific incidents -- more specific grounds --

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BY MR. SEGARS

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Q.

Just sitting here today, though, unaided by

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anything else, can you tell me any other things that

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you think were breaches of contract?

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MS. SMITH:

I mean -- objection.

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To the extent that that is calling for work

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product and opinion from counsel, things that we have

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discussed, I'd instruct you not to answer.