Datatreasury Corporation v. Wells Fargo & Company et al

Filing 681

MOTION FOR CLARIFICATION OR FOR PROTECTIVE ORDER (D.E.597) AND ENLARGEMENT OF TIME by Unionbancal Corporation. (Attachments: #1 Affidavit Gerardy A. Carrenard#2 Exhibit 1#3 Exhibit 2#4 Exhibit 3#5 Exhibit 4#6 Text of Proposed Order)(Pivnick, Scott) Modified on 4/27/2007 (sm, ). Modified on 4/27/2007 (sm, ).

Datatreasury Corporation v. Wells Fargo & Company et al

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EXHIBIT 2 to DEFENDANT UNIONBANCAL CORPORATION'S MOTION FOR CLARIFICATION OR FOR A PROTECTIVE ORDER REGARDING DISCOVERY ORDER (D.E. NO. 597) AND ENLARGEMENT OF TIME

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Cause No.: 2:06-CV-72 DF DataTreasury Corporation v. Wells Fargo & Company, et al.

Transcript of the Testimony of David Anderson
February 7, 2007 By: Lisa Gretarsson, CSR

Gretchen Shore Court Reporting & Litigation Support Phone:[phone] Fax:[phone] Email:[e-mail] Internet: www.gretchenshore.com

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION )( )( )( )( )( )( )( )( )( )(

3 DATATREASURY CORPORATION, 4 5 VS 6 WELLS FARGO & COMPANY, et al., 7 Defendants. 8 9 10 11 12 13 14 15

Plaintiff,

CIVIL ACTION NO. 2:06-CV-72 (DF)

VIDEOTAPED ORAL DEPOSITION OF DAVID ANDERSON FEBRUARY 7, 2007

VIDEOTAPED ORAL DEPOSITION OF DAVID ANDERSON,

16 produced as a witness at the instance of the Plaintiff, 17 and duly sworn, was taken in the above-styled and 18 above-numbered cause on the 7th day of February, 2007, 19 from 9:21 a.m. to 4:27 p.m., before Lisa J. Gretarsson, 20 CSR in and for the state of Texas, reported by machine 21 shorthand, at the offices of Pillsbury, Winthrop, Shaw, 22 Pittman, LLP, 50 Fremont, Suite 400, located in the city 23 of San Francisco, state of California, pursuant to the 24 Federal Rules of Civil Procedure and the provisions 25 stated on the record.

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1

Q.

(BY MR. KING)

I'll wait for your counsel to

12:45 12:45 12:45

2 track it down before I start asking you questions about 3 it. 4 5 6 7

MR. SWEIGART: MR. KING:

Okay.

I'm on 8.

12:45 12:45 12:45 12:45 12:45 12:45 12:45

Fantastic. Thank you. And if I jump

MR. SWEIGART: MR. KING:

No problem.

8 ahead and you guys have any problems finding it, just 9 let me know and stop me before I get -- before I go into 10 it. 11

Q.

(BY MR. KING)

Have you had a chance to read

12:45 12:45 12:45 12:45 12:45 12:45 12:45 12:45 12:45 12:45 12:45 12:45 12:45 12:46 12:46

12 that paragraph on the public policy committee? 13 14

A. Q.

Yes, I did. Okay. And it states in there that the public

15 policy committee is a joint committee of UnionBanCal and 16 Union Bank of California, correct? 17 18

A. Q.

Uh-huh (affirmative). Does that refresh your recollection in any way

19 as to whether or not Union Bank of California has a 20 public policy committee at the appointment of its board 21 of directors? 22 23

A. Q.

Yes, it does. Okay. And do you -- would you agree that the

24 public policy committee is a committee that's appointed 25 by the board of directors of Union Bank of California?

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A. Q.

I'm not sure that that says that. Is it your understanding, in your role as an

12:46 12:46 12:46 12:46 12:46 12:46 12:46 12:46 12:46 12:46

3 employee of Union Bank of California, whether or not the 4 board of directors appoints a public policy committee? 5

A.

That's just conjecture on my part as to who It is a joint committee of

6 would actually appoint it. 7 the two companies. 8

Q.

And who are the -- who are the directors that

9 serve on the public policy committee as of December 31, 10 2005? 11 12 13

A. Q. A.

They're listed here, that you're showing me. Okay. Sure. Can you name those, please? Mary Metz, Aida Alvarez, J. Fernando

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14 Niebla, Carl Robertson and Dean Yoost. 15

Q.

Now, other than Mr. Robertson, all of those

16 are also directors of both UnionBanCal Corporation and 17 Union Bank of California, correct? 18 19

A. Q.

That's correct. And Mr. Robertson is only a director of Union

20 Bank of California, correct? 21 22

A. Q.

Yes, he is. Okay. Given that this is a joint committee

23 between UnionBanCal and Union Bank of California, I'll 24 go back to a question I posed earlier.

In your position

25 as both an officer of UnionBanCal Corporation and an

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Q. A. Q.

(BY MR. KING)

Okay.

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So it's discussed within it. Okay. Do you see the executive compensation

4 and benefits committee? 5 6 7

A. Q.

I do. Okay. Is that a -I'm sorry. It's at the --

12:52 12:52 12:52 12:52

MR. KING:

8 it's still on page 8. 9 page. 10 11

I believe it's at the top of that

MR. SWEIGART: Q. (BY MR. KING)

Okay.

Got it.

12:52 12:52 12:52 12:52 12:52 12:53 12:53 12:53 12:53 12:53 12:53 12:53 12:53 12:53 12:53 12:53

Is the executive compensation

12 and benefits committee, as described here, a committee 13 of UnionBanCal Corporation? 14

A.

You know, it does not, that I can see, It is whether it's combined

15 identify it as which one. 16 or separate.

That's one of the reasons why earlier in

17 our conversation I wasn't -- I wasn't sure. 18

Q.

So you don't know if this is a committee --

19 well, does -20

A.

It absolutely is a committee of UnionBanCal

21 Corporation. 22

Q.

You just don't know whether or not it's also a

23 committee of Union Bank of California. 24 25

A. Q.

I believe it is, although I'm not sure. Okay. Who makes up the executive compensation

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1 FOR THE PLAINTIFF: 2 3 4 5

R. Benjamin King, Esq. NIX PATTERSON & ROACH, L.L.P. 2900 St. Michael Drive, Suite 500 Texarkana, Texas 75503 Telephone: [phone] Facsimile: 902-223-8520 E-mail: [e-mail]

6 FOR THE DEFENDANT, UNIONBANCAL CORP. 7 8 9 10 11 12

Raymond L. Sweigart, Esq. Brian Harris, Esq. PILLSBURY, WINTHROP, SHAW, PITTMAN, LLP 1650 Tysons Boulevard McLean, Virginia 22102 Telephone: [phone] Facsimile: 703-770-7901 E-mail: [e-mail] I further certify that I am neither attorney nor

13 counsel for nor related to or employed by any of the 14 parties to the action in which this deposition is taken, 15 and further that I am not a relative or employee of any 16 attorney or counsel employed by the parties hereto or 17 financially interested in the action. 18

In witness whereof, I have hereunto set my hand

19 and affixed my seal this _____ day of ______________, 20 2007. 21 22 23 24 25

________________________________ LISA J. GRETARSSON, CSR No. 4486 Expiration Date: 12-31-08 Firm Registration No. 90 208 N. Green Street, Ste. 201 Longview, TX 75601 903/758-2183 (telephone) 903/758-4890 (fax)