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 25

9/19/2012

McFADYEN, JOHN RYAN
Page 1
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
Civil Action Number 1:07-CV-00953

RYAN McFADYEN, et al.

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

VIDEOTAPED DEPOSITION OF JOHN RYAN MCFADYEN
(Taken by Defendants)
Durham, North Carolina
Wednesday, September 19th, 2012

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

www.caseworksonline.com

800.955.0541

9/19/2012

McFADYEN, JOHN RYAN
Page 127

1
2
3
4

MS. SMITH:

5

confusing to him.

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that.

7

Objection.

I think that's

BY MR. SEGARS:

8
9
10

I think that asks the same question.

Q.

Well, I guess -- here's what I'm trying to

find out.

I'm trying to find out your reasons for

hiring Glen Bachman --

11
12

MS. SMITH:

15

And we're instructing him

not to answer.

13
14

It's confusing to me when I hear

MR SEGARS:

I understand.

BY MR. SEGARS:
Q.

And my question is, is there any information

16

responsive to that question that is outside of the

17

instruction that you've been given?

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19

MS. SMITH:
confusing.

20
21

Objection.

I think it's

I mean, these boys are not -MR. EKSTRAND:

I think he's answering

"no," so...

22

MR. SEGARS:

I'm just --

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MS. SMITH:

I just mean --

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MR SEGARS:

You're the one who's

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instructing him.

CaseWorks, Inc.

www.caseworksonline.com

800.955.0541

9/19/2012

McFADYEN, JOHN RYAN
Page 128

1

MS. SMITH:

-- they don't understand

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privilege as well as we might, and so they have to

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follow our instruction.

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follow up with these questions it's confusing to them.

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And I think every time you

And they not trying to withhold anything --

6

MR SEGARS:

Well -- right.

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MS. SMITH:

-- but they're also trying

8

to follow their counsel's instruction and the

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follow-up question.

It's like -- they're not lawyers.

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They can't determine what's reasoning that's separate

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from privilege; what's facts and separate from our

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work product.

13

every single deposition.

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them withhold anything, but at the same time they

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should be able to follow their own counsel's

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instruction.

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BY MR. SEGARS:

They just can't.

And it happens at

And we're not trying to have

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20

A.

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Q.

22

A.

23

Q.

24

A.

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www.caseworksonline.com

800.955.0541