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 22

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IN THE UNITED STATES DISTRICT COURT

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FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

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EDWARD CARRINGTON, et al.,

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Plaintiffs,

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-against-

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DUKE UNIVERSITY, et al.,

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Civil Action No.
1:08-CV-00119

Defendants.
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VIDEOTAPED DEPOSITION OF:
DANIEL C. OPPEDISANO
Monday, March 26, 2012
New York, New York

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Reported in stenotype by:
---- Rich Germosen, CCR, CRCR, CRR, CLR ---NCRA Certified Realtime Reporter
NCRA Realtime Systems Administrator

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friends who lived there on that night?

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A.

I don't remember.

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Q.

Did you understand that your DukeCard

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I'm sure I did.

created a log of transactions?

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A.

Yes.

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Q.

At some point in time when you believed

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that allegations of rape were being made against

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unspecified members of the lacrosse team, did it

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ever occur to you that you ought to look and think

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about when you'd use your DukeCard as a potential

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alibi?

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A.

No.

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Q.

And did there come a time when you learned

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that your DukeCard information was being subpoenaed?

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MS. SMITH:

Objection.

Calls for work product and communications with

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counsel and I'd instruct you not to answer.

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(Direction not to answer the

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question.)

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MR. SEGARS:

Are you instructing him

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not to answer whether there came a time that he

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learned that his DukeCard information was being

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subpoenaed?

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MR. GUSTAFSON:

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MS. SMITH:

I --

Yes, if he learned it