MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 317

BRIEF re #316 MOTION to Compel by Defendant DUKE UNIVERSITY filed by DUKE UNIVERSITY. (Attachments: #1 Exhibit A - Excerpts from Deposition of Breck Archer, #2 Exhibit B - 6/11/12 email from Smith to Segars, #3 Exhibit C - 7/25/12 email from Segars to Smith, #4 Exhibit D - 8/1/12 email from Smith to Segars, #5 Exhibit E - 10/3/12 email from Smith to Falcone, #6 Exhibit F - Draft Affidavit of Breck Archer, #7 Exhibit G - 3/13/12 Letter from Falcone to Ekstrand, #8 Exhibit H - 11/9/12 email from Falcone to Smith, #9 Exhibit I - 11/9/12 email from Smith to Falcone)(SEGARS, THOMAS)

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

RYAN MCFADYEN, et al.,
Plaintiffs,
v.

1:07-CV-953

DUKE UNIVERSITY, et al.,
Defendants.

AFFIDAVIT OF BRECK BERNARD
ARCHER

BRECK ARCHER being duly sworn, deposes and says:
1. I am more than eighteen years old, and I am otherwise competent to testify.
I am a Plaintiff in the above-entitled action. I was deposed in the aboveentitled action on April 19, 2012.
2. During my deposition on April 19, 2012, I testified to the full extent of my
personal knowledge regarding Matthew Drummond’s knowledge, as of June
2, 2006, that DukeCard information of any members of the 2005-2006 Duke
Men’s Lacrosse Team had been given to Durham police.
3. Besides the information that I testified about during my deposition, and
without waiving any applicable privileges, including the attorney-client
privilege and work product privilege of my counsel, I have no other personal
knowledge of facts regarding whether Matthew Drummond knew, as of June

2, 2006, that DukeCard information of any members of the 2005-2006 Duke
Men’s Lacrosse Team had been given to Durham police.
4. Without waiving any applicable privileges, I have not withheld any personal
knowledge of facts in providing the statements in paragraph 2 and 3, above,
on the basis of the attorney-client privilege.

FURTHER, THE AFFIANT SAYETH NOT.

Breck Bernard Archer

Sworn to and subscribed before me on
this the _____ day of June 2012.

_________________________________
Notary Public
My Commission expires on ___________.