STATE OF NEW HAMPSHIRE

Transcription

1 STATE OF NEW HAMPSHIRE Strafford, ss Judicial Branch Superior Court No. -0-CV-00 * * * * * * * * * * * * * * * * * * LINDA-MARIE NAKAMURA -v- MICHAEL GILL AND MORTGAGE SPECIALISTS, INC. * * * * * * * * * * * * * * * * * * * * * * DEPOSITION OF JULIAN LONG Deposition taken at The Coolidge Law Firm, High Street, Somersworth, New Hampshire, on Wednesday, May, 0, commencing at :0 p.m. Court Reporter: Elaine J. Ritsema, LCR, RPR LCR No. (RSA 0-A)

2 APPEARANCES: - via telephone - Plaintiff Pro Se: - present - Defendant Pro Se: LINDA-MARIE NAKAMURA MICHAEL GILL 0 For the Defendant: THE COOLIDGE LAW FIRM High Street Somersworth, NH 0 By: Brian R. Barrington, Esq. coolidgelaw@usa.net Also Present: Carrie Lemieux STIPULATIONS 0 It is agreed that the deposition shall be taken in the first instance in stenotype and when transcribed may be used for all purposes for which depositions are competent under New Hampshire practice. Notice, filing, caption and all other formalities are waived. All objections, except as to form, are reserved and may be taken in court at time of trial. It is further agreed that if the deposition is not signed within thirty (0) days after submission to counsel, the signature of the deponent is waived.

3 INDEX WITNESS: JULIAN LONG EXAMINATION: By Mr. Gill By Mr. Barrington Page, 0 EXHIBITS EXHIBITS FOR IDENTIFICATION: Number Page 0 Return of Service with Case Caption Letter of // From Carrie Lemieux Letter of // From Julian Long Letter of //0 From Wiggin & Nourie Signature String and Affidavit District Court of MA Caption (April 0) District Court of MA Caption (April ) String

4 0 (Exhibit No. marked for identification) MR. BARRINGTON: Everyone is going to have to speak up so that Linda can actually hear what you have to say. MS. NAKAMURA: I can't hear Julian at all. THE WITNESS: I'll try to speak loudly. Sorry. MS. NAKAMURA: Thank you. Can you give me your phone number, Julian? THE WITNESS: Sure. It's (0) -. MS. NAKAMURA: Thank you. 0 JULIAN LONG having been first duly sworn, was deposed and testified as follows: EXAMINATION BY MR. GILL: Q. Okay. We're ready. My name's Mike Gill. I'll be conducting the deposition. I also own the Mortgage Specialists.

5 0 0 We also have a lawsuit against Linda Nakamura in Massachusetts waiting to hear its disposition. Now, could you state your name. A. Julian Long. Q. Okay. Julian, when did you start working for me? A. It was at the beginning of March of 0. MS. NAKAMURA: I can't hear you, Julian. THE WITNESS: It was very beginning of March of 0. MR. BARRINGTON: Speak to the phone. BY MR. GILL: Q. All right. Julian, what's your profession? A. I have a background in legal services. I have a law degree from the William & Mary Law School, and I have experience in nonprofit work. Q. Are you a lawyer? A. I am an attorney on an associate's member status with the Virginia State Bar. Q. So you are a lawyer? A. I am a non-practicing attorney.

6 0 0 Q. So you're -- well, you are an attorney then with? Whether you're practicing or not, you are an attorney? Q. Okay. And you have multiple honors, right, from William & Mary; is that fair to say? A. In my undergraduate studies, yes. Q. And William & Mary is a good school; wouldn't you say? Q. Okay. Now, what would you -- when you were hired, who did you speak to first about your employment? I'd like to say first question: Where did you and how did you find out about the employment? A. I found out about the position I took through a posting on Monster.com. Q. Okay. Who'd you speak to at Mortgage Specialists? A. I spoke to you, Mr. Gill. Q. Did you speak to anybody else? I also spoke with Ms. Carrie Lemieux. Q. Anyone else?

7 0 0 A. I spoke to the receptionist at the Plaistow office, and I spoke to your receptionist at the Somersworth office. Q. Okay. So I just asked you this question, and you gave me one answer; now I've got four answers. So start again. Could you please tell me prior to speaking to me everyone from the company you spoke to before me? Start by the first person you spoke to, and give me their name, if you know it. A. I am not entirely sure. I spoke to someone in an administrative capacity that set up the interview at the Plaistow office. I'm not sure I have that person's name. Q. The person you spoke to first, you don't recall the name? Q. Okay. Then who did you speak to? A. Next person I spoke to would have been the receptionist at the Plaistow office to say I was there for the interview. Q. The receptionist?

8 0 0 Q. You made the appointment with somebody. Did you have a conversation with that person? A. If so, it was very brief, establishing the details of when and where the interview was going to take place. Q. So you spoke to -- you talked to someone on the phone. You don't remember their name? Q. You showed up for an interview, basically introduced yourself to a receptionist? Q. Who were the other two people you were referring to when you said there was four? A. You were one of those persons. Q. You didn't mention me in the four. So is there five? A. Yes, sir, I did. Q. Okay. Then give me the four. A. The receptionist at the Plaistow office -- Q. Yep. A. -- you, Mr. Gill -- Q. Yeah.

9 A. -- receptionist at the Somersworth office. 0 0 Q. When did you talk to the Somersworth office receptionist before you talked to me? That was after I spoke with you. Q. Why would you speak to her then? A. Because you sent me to the Somersworth office. Q. Oh. So I met with you and hired you? A. Not at that moment. You asked me to go meet with Ms. Lemieux at the Somersworth office. Q. So, if I said the person you met with first was Lisa Tracy, do you have that recollection now? Q. Do you have a recollection of talking to her at all? A. It would have only been to say that I was there for the interview. Q. So, now, if she texted me and said Julian Long is coming in at :00 in Plaistow and he's big on civil rights, where would they get that from? A. Probably my résumé. That would be my

10 0 0 0 guess. I don't know. Q. But couldn't this be the person you talked to first, you know, the one you don't remember? A. Your guess -- Q. I guess it could be. I'm saying it is. At least the Tracy with personnel handling résumés. That's how I got corrupt ones. A. That's not a question. Q. We have more. Okay. So now that you get past talking with Lisa Tracy, do you know how long your employment was for? A. It was a little under two months. Q. It was from March th to April st. Does that sound familiar? A. That sounds correct. Q. So a matter of six weeks? A. Thereabouts, yes. Q. All right. Okay. Did you work closely with Linda? A. I worked reasonably close with Linda Nakamura, yes. Q. So, yes, you did?

11 0 0 A. (Nods.) Q. Okay. What did you work on with Linda? A. I worked on preparation for -- actually, I should ask at this point. Some of my answers might contain confidential client information. Q. I release you from any client confidential privilege. A. Okay. I just wanted to check. MS. NAKAMURA: Speak up, Julian. Thank you. Sorry. I assisted Linda in preparing for the Wiggin trial. I also helped Linda with some of the file organization. Q. File organization? Q. What's that? A. The legal files in the filing room were in a very disorganized state when I was employed with Mortgage Specialists; and one of the projects I worked on included separating out files so that they could go with the proper cases. Q. Oh. Who told you to do that? A. I believe it was both Ms. Nakamura and

12 0 0 Mr. Lemieux. Q. Who? A. Ms. Nakamura and Ms. Lemieux. Q. So you're saying Linda told you to sort -- Both of them did. Q. And you worked on Wiggin's and you sorted. Anything else? I did some work on the Morrison case. Q. Morrison Mahoney? Q. Anything else? I also worked on preparing some discovery in the Hyder case. Q. Anything else on the Hyder case? A. Not that I can remember. That was the bulk of my work. Q. All right. So you're saying Wiggin, Morrison and Hyder. Did you work on anything else? A. I think the only other thing I worked on was researching the possibility of filing a complaint against Attorney Friedman.

13 0 0 Q. Could you speak louder, please. A. Sorry. The only other item I remember working on was researching into whether a complaint could be filed against Attorney Friedman. MS. NAKAMURA: Attorney who? A. Attorney Jon Friedman. Q. Okay. So you worked on Friedman a little bit, right? Q. Okay. So now we've got four cases; is that correct? Q. Is there anything else? A. That's all I can remember. Q. All right. So in six weeks you worked on these four cases, or Friedman who isn't a case yet, but we want to file against Friedman? Q. Okay. So when you research Friedman, what did you research? What did you look at? A. I don't remember details but I do remember I looked at the documents. Had

14 0 0 correspondence with Attorney Friedman and various regulations to see whether there might be some kind of violation of any, you know, law or statute. Q. So you looked at the Friedman case? Q. And you looked through logs and s and so forth? Q. Thoroughly? A. It was difficult because of the file disorganization, but I did a reasonably thorough review of the files I could locate. Q. Then you must have read Jonathan Friedman's deposition? A. I believe so. Q. You did. Do you remember what it said? Would you like me to refresh you and see if you could recall what he said? Do you recall Mr. Friedman saying that what he saw in Morrison Mahoney with the state was the worst corruption he'd seen in 0 years? Do you remember reading that? I don't remember reading that. Q. Well, I'm testifying to you today that

15 0 0 he hasn't dis -- that it has it in the deposition. If you're preparing the case against Friedman, wouldn't you consider Friedman referencing the largest corruption he's seen in 0 years, you would forget that? A. I remember from the deposition that he said that if what you were reporting to him was correct, you might have a valid claim against Morrison. Q. Wow. So you did read that but you don't recall that he said 0 years the worst corruption he's ever seen? That you miss? A. To be fair, I worked for you over a year ago, and that deposition was dozens upon dozens of pages. Q. You just remembered a mindless little sentence, and I just gave you the worst corruption in 0 years. Here's something else maybe you can remember. Didn't you also remember that he went to see -- to talk to Carmen Ortiz, the state attorney? A. I don't remember the name. I do remember he spoke with some federal or state official.

16 Q. The US -- United States Attorney, Carmen Ortiz. 0 0 Do you remember if, when Friedman was asked a question, what he thought about Morrison Mahoney was guilty of malpractice, do you remember what Mr. Friedman said? Q. So you don't remember that? You don't remember Mr. Friedman saying that Morrison Mahoney committed malpractice, and, in fact, they didn't even research the fact that they had conflicts. Do you remember that? A. I don't remember that specific detail. Q. You don't remember that. MS. NAKAMURA: Mr. Gill -- MR. GILL: I'm in a deposition. Do you object? MS. NAKAMURA: Excuse me. I'd like to ask you a question. MR. GILL: You can't ask me a question. MR. BARRINGTON: You can raise an objection as to form, or you can assert a privilege. MS. NAKAMURA: I would like to know what

17 0 0 this has to do with my case? MR. BARRINGTON: This is a discovery. Listen, this is a discovery deposition; and you can say objection, relevancy. MS. NAKAMURA: Objection, relevancy. MR. BARRINGTON: All objections as to form we usually stipulate do not have to be raised; but you can say objection, relevancy and -- MR. GILL: And then a judge decides. MS. NAKAMURA: Okay. Objection, relevancy. MR. GILL: Okay. Good. BY MR. GILL: Q. Now, you have to answer the question. You are putting -- you just said a Friedman complaint. You've got Friedman's deposition. You didn't know he said the worst corruption in 0 years, right? Do you remember that? I don't remember that specific statement. Q. You don't remember he turned around and said that Morrison Mahoney, in fact, committed malpractice? You don't remember that?

18 0 0 A. I remember there was a discussion about malpractice. Q. Well, you just said you didn't remember it before. A. I said that I didn't remember it, that specific phrasing of the statements. Q. Oh. So you do remember Friedman calling the fact that Morrison Mahoney committed malpractice? It's a sworn deposition that you would have looked at, and we can turn around and we'll submit it as an exhibit. So can we say you working on Friedman and being an attorney yourself from a very good school, we're missing some very important points; wouldn't you say? Okay? A. I am not a licensed attorney in New Hampshire, which you knew. Q. I didn't ask you a question. MR. BARRINGTON: Yes, you did. He has a right to respond. A. And I did review the entire deposition in its entirety while researching the complaint possibilities.

19 0 0 Q. And you have no memory of the worst corruption in 0 years from a member who sits on the Board of Overseers? If you're putting a complaint together, I think these are pretty highlighted positions but let's go on. A. I took detailed notes while researching, but I no longer have those notes. Those are in your files. Q. Are you an attorney? A. I am not a New Hampshire attorney. Q. I didn't ask you that; now did I? I asked you if you were an attorney? A. I am an attorney. Q. Good. So, in other words, I would expect you to take notice to these things. Let's go on. You worked on Hyder -- one moment. Okay. No. You worked on Hyder, right? Q. Okay. What'd you do? A. The bulk of what I did was prepare documents to be submitted to Hyder's attorneys in response to discovery requests.

20 0 0 0 Q. You did. Q. Did you work with Linda on Hyder? A. Linda assisted me in that, yes. Q. She did. How did she assist you? What did Linda do? A. I know she helped me locate some of the files when I was there. Q. What files? A. The files relevant to the Hyder discovery. Q. What did you do on Hyder, just look for -- did you -- did you submit anything on Hyder? I located files responsive to the request for discovery. I segregated them. I submitted them to then Attorney Amy Miller for her review. Q. When did you give that to Miller? A. That would have been about a week before they were due. Q. A week before what? A. Approximately a week before the deadline was for submission.

21 0 0 Q. So seven days before the deadline? A. Somewhere around there. Q. On Hyder or is that Morrison? A. No, that was Hyder. Q. Hyder. Was there a deadline in Morrison, too? A. There were multiple deadlines in Morrison. Q. About an attorney? A. I believe in Morrison the deadline during my time of employment was to submit a report to the court about Mortgage Specialists' attempts to obtain an attorney for representation. Q. So that was Hyder? A. No, Morrison. Q. Right. Morrison. Okay. So when you prepared the motion, right -- well, let's go back to Hyder. I'm sorry. Let's finish Hyder. When you were working with Linda on Hyder, what was Linda's responsibilities, your knowledge? A. I was the primary person on the Hyder discovery preparation. She mostly helped me locate

22 0 0 files. I would ask, you know: I'm looking for these kinds of files, where might they be in the filing room? She also helped me to scan all the documents. Q. You said she was helping -- you were helping her. So now you're saying she's helping you? A. On the Hyder. Q. On the Hyder complaint. A. I was the primary person. Q. Well, how long were you there on the Hyder? How long were you here for? A. I was employed with you for a little under two months. Q. Were you the main person in Wiggin? Q. Morrison? Q. Hyder? A. Only as it pertains to the discovery preparation. Q. Well, you can't be only and say you were the lead person. So you were either working -- you're either the lead person in Hyder or you're not. Now, are you still saying you're the principal person in

23 0 0 Hyder? You were the responsible person in Hyder? The senior paralegal was this primary person on all of those. Q. Oh. So you weren't on Friedman either then, right? Q. Okay. So you weren't a primary on anything? I wasn't. I was a junior paralegal. Q. So you were not the principal person on Hyder. You're not the principal person on any case. What was Linda's responsibility, do you know, in Hyder? What were her job requirements? A. I know she did a lot of calendering of dates and scheduling. Q. What dates? A. You know, court appearances, depositions, things of that nature. Q. Depositions was a big part of what Linda was supposed to be doing, correct? A. I wouldn't know that. Q. You wouldn't know that? You just said

24 that. 0 0 A. What Linda was supposed to be doing wasn't my call. I only know what -- Q. What you what? A. What I actually saw Linda doing. Q. So but you have an understanding that from the meetings that we had Linda's primary responsibility is to set up depositions? Q. No. Then what was she doing? A. I know she did a lot of organization of the file room. I know she did a lot of preparation for the Wiggin trial. Q. Could you read back the question a couple back that simply says that you said that Linda's responsibility was doing depositions? Now, when I asked you about depositions, you say she's not responsible. A. It was one of multiple duties she had as I understood it. Q. One of her responsibilities clearly and I'm stating most importantly was depositions; is that true?

25 0 0 A. I don't know what was most important. Q. I'm going to ask you a question directly; I'd like a direct answer. Was part of Linda's responsibilities doing depositions? Q. And scheduling them? Q. Okay. How many depositions did Linda schedule? A. I don't know. Q. Well, you worked on Wiggin's. Did we have any depositions? A. There wouldn't have been depositions in Wiggin. It was already at trial. Q. Right. No depositions in Wiggin. Hyder, did we have a deposition? A. I don't know. Q. Morrison Mahoney, did we have a deposition? A. I don't think there were during my time. Q. So Morrison Mahoney, we didn't have one? A. I don't think so. Q. Then when you were reading Friedman's

26 0 0 deposition (sic) from Morrison Mahoney, isn't that called a deposition? A. That was prior to my time. Q. Excuse me. You were reading a deposition on Friedman on the Morrison Mahoney. So we did have obviously a deposition Morrison that was Friedman; now isn't that true? A. I apologize. I thought you meant were any depositions scheduled during my time of employment. Q. I think I was pretty direct with my question. So on Wiggin -- let's start with Wiggin. What did you do on that? A. I assisted with the pretrial preparation, and I helped research and began work on drafting a potential appeal of the decision in Wiggin. Q. Were you -- are you saying that's all you had to do with Wiggins? A. Those are the primary tasks I remember. There might have been some other. Q. Was there something missing from what you collected as an attorney that would have helped me

27 0 0 in court? A. I did not prepare the files for Wiggin. Q. Did you see the video that I did? Q. You did. What was a principle issue in that trial? A. That you violated the sidebar that the judge called. Q. What about the fee agreement? You remember the fee agreement, don't you? Q. You do? Q. You helped prepare the Wiggin's case. Did you notice we didn't have one? A. Given the state of the file room, no; and I didn't review the files before you went to trial. Q. You keep suggesting the state and you came in to organize. I remind you you've only been there six weeks; wasn't that true? Q. Okay. So on the Wiggin's you've seen

28 0 0 the video? Q. So you know I claimed that the fee agreement was a forgery? Q. You do? A. I do know that. Q. Now, who found that original document? A. I did. Q. You did? Q. So where was that document that you found? A. It was in the files that the office had received from Tenn and Tenn who received all the files from Wiggin after your client relationship with them ended. Q. Do you know what day you found that? A. I don't remember the exact day. I think it probably would have been in early to mid April. Q. April th you found that. A. Okay. Q. April th. Were you talking to Amy

29 0 0 Miller by then? A. Not that I can remember. Q. Okay. Why were you looking in the Tenn and Tenn boxes? A. Because Ms. Lemieux told me that you wanted me to do so. Q. But you found the fee agreement? Q. And you found it in the Tenn and Tenn boxs. Why were you in them? A. Because I was told to look in the boxes. Q. For what? What were you looking for? A. I was looking for examples of handwriting from two of your former attorneys. Q. So you were looking for handwriting from former attorneys? Q. So you were going to compare the forgery with previous attorneys, right? A. That's what I was asked to do. Q. That's what you were saying. Okay. What if I said you talked to Miller on that very day?

30 0 0 0 A. I don't believe I did. Q. You communicated with Miller. A. If I did, it was never about Wiggin. Q. Never about Wiggin. But if you contacted or talked to her on the same day that you found -- no one else -- the original, now, as an attorney, do you find it unusual for a law office to displace their fee agreement, their original fee agreement? A. As I recall, Wiggin said that the fee agreement original was returned to you when you requested your files from them. Q. I'm asking you. You found an original, didn't you? Q. All right. So stick to the question here. Do you find it unusual for a law firm -- that was Wiggin -- to lose their original fee agreement? Did you find it unusual for a law firm to lose a fee agreement? A. I have no knowledge of any law firm having lost an original agreement. Q. Okay. So how do you explain original

31 0 0 fee agreement from Wiggin & Nourie going into -- how many boxes were there from Tenn and Tenn? A. I think somewhere between and 0. Q. boxes. Over,000 copies. How many originals were in those,000 pieces? A. It was hard to determine how many originals there were. Q. It says here we had you look. Originals you came up with none. MR. GILL: I'd like to put these in as an exhibit, please. (Exhibit Nos., marked for identification) BY MR. GILL: Q. Julian, you remember these, right? (Pause) Q. I am showing him those documents. Julian, is that your signature? Q. On both copies? Q. So you performed the inspection, one of the people performing the inspection?

32 0 0 A. I -- Q. So out of boxes, and approximately,000 sheets of paper, we found -- you found one original; is that correct? Q. Well, then straighten us out, please. A. There were a few other originals, and there were a great many documents. The majority of the documents could either be confirmed as originals or as copies. Q. So you only know of a couple of originals for real? Q. Okay. But a fee agreement, original fee agreement in the Wiggin case, shows up in the Tenn and Tenn box and you just happen to find it? Q. Oh. Do you know how long that was right after I accused them? A. I don't remember the exact date that the Wiggin trial ended. I know it was either late March or early April, I believe. Q. So it was days then, right, when you

33 0 0 found it? Right after the trial you found the original in question. A. It was about two weeks. Q. So between five and fourteen days? A. I think it was closer to fourteen. Q. Fourteen, all right. Well, you've got a pretty accurate memory about that. You don't remember discussing -- talking with Amy Miller that day at all? A. I don't. Q. Okay. So I'm going to give you -- have you take a look at this, because you've seen this document. You found it, right? A. It looks like a Wiggin fee agreement. It's been so long I can't confirm whether this is the same. Q. Does it say Wiggin on the top of it? Q. Okay. Is it a fee agreement? A. Yes, it is. Q. We got a Wiggin fee agreement. Now, can you go to the back page, please? Q. You see that signature?

34 0 0 Q. Does that look like my signature? A. I don't know. Q. Does that look like my signature that's on checks, on legal documents? You've seen my signature quite often, haven't you? A. I saw it after I was asked to look for handwriting samples. Q. All right. Did you see that that looks like my signature? Compare it to this here is the stamp for the company, so everything gets signed this way (indicating). Does that look close to my signature? A. I have no idea. Not a handwriting analyst. Q. Wait a minute. I'm not asking you analyzing. I'm saying does it look extremely similar, or does it look like it's not similar at all? A. It looks a little similar and a little different. Q. Wait a minute. Did you just say it looks similar? MR. BARRINGTON: He said: It looks a

35 0 0 little similar and a little different. Q. I heard. A little similar and a little different. Could someone -- could you explain what that means? Do they look alike or not? A. The M looks a little similar. The rest of it doesn't as much. Q. Okay. Can I have that, please? So the M looks similar. Can you see with this M continues on? Q. Does that M continue on? Q. No. MR. GILL: So I'm going to put into evidence the stamp that I put on all the checks and all the documents that you see and the forgery that Julian found. Could I put those this as exhibits, please? (Exhibit Nos., marked for identification) BY MR. GILL: Q. Now, on the Morrison case -- you were

36 0 0 working on the Morrison case, too, right? Q. What were you working on? A. As I recall, I was working on drafting a report to the court explaining what actions had been taken to obtain an attorney for the company. Q. I didn't hear you. A. Sorry. I was working to draft a report to the court in that case to explain what efforts the company had been taking to obtain an attorney. Q. How many times did you write that motion? A. I don't remember the exact number of drafts. It was probably one or two. Q. Did anyone assist you with that? A. I know Ms. Lemieux drafted the final version. Q. Miss who? A. Ms. Lemieux, Carrie. Q. Lemieux. So Carrie drafted the motion? A. The final version that the court received.

37 0 0 Q. You're an attorney. Carrie's my assistant. Why would she be drafting the motion? A. She was the senior paralegal and my supervisor. Q. Really. So the words in those motion's not yours? A. Most of them were, as I recall; but there was about a paragraph or so that Carrie inserted. Q. Do you remember speaking to me on the phone and I was upset about this motion? Q. Brian Toomey was on the phone, too; do you remember? Q. Do you remember why we were upset? When I spoke to Carrie about the motion -- it wasn't a motion, actually. It was a report to the court. Pardon me. But Carrie said you would like inserted in there some conspiracy theory talk about the other side sabotaging your efforts to find an attorney. I told Carrie at the time that I thought

38 0 0 it was a bad idea. It would hurt your case. I said I can't ethically put that in there. Carry said okay. I'll talk to Mike about it. So I drafted it without that. But I guess she never spoke to you. Q. Did you speak to Attorney Miller on it? A. I don't remember if she had been hired on at that point. If so, I think I would have -- wait, yes. Yes. She had to have been because I believe we got an affidavit from her saying that she had been hired but couldn't start representation yet. So I spoke to her regarding that. Q. When's the first time you talked to her? A. It would have been shortly after she was hired. I want to put that in mid April, maybe early April. I don't remember the exact date, though. Q. When she was hired? She was hired -- let me see. Let's make sure of the date. (Pause) Q. Miller was hired / to /. Did you know we terminated Miller? A. I'm not sure if I did. Q. You watched the videos, though, right?

39 A. I haven't watched all the videos. Q. Even when you're in them? A. I've watched a fair number of the videos. 0 0 Q. Did you see yourself in them? A. Yes, at least one video. Q. Was it about Miller? A. I remember it mostly being about the Wiggin case. Q. And the forgery? A. And what you say was a forgery. Q. Seeing it's my signature, I'm the foremost expert on the fact that it is. Okay. So Miller lasted a month. Miller started /. Now, when I asked you about Wiggin, which was -- what date did you find? A. You said it was April th. That sounds roughly correct. Q. Right. What if I have communications with you and Miller going back to April 0th? A. That sounds roughly in the right time frame.

40 0 0 0 Q. So you did talk to Miller before the forgery was found? A. Entirely possible. Q. Wait a minute. It's not entirely possible. One, before you said you didn't. We can go back. You said you didn't speak to Miller by the time April th or before that. We've got communications going back to April 0th. So the fact is you talked to Miller and communicated with Miller prior to finding the forgery, right? A. I guess so. Q. You guess so. Well, let me remind you some of the conversations. Maybe you can recall. Didn't Miller forward you her information and wanted you to sign for her? Q. She did? Q. When was that? A. I don't remember the exact dates. Somewhere in that mid April range. Q. April th. You remember that day.

41 0 0 That's the day you found the forgery. Well, you also have a communication on the very day with Ms. Miller. A. That was regarding Morrison. Q. Her entry in the Morrison? Q. Right. So I guess you now remember speaking to Ms. Miller prior to finding the forgery? A. I remember my tasks more by case than by exact time frame. Q. Right. But you can acknowledge that we proved that you have been speaking to Miller prior to finding the forgery? A. It appears that way. Q. Wow. MR. GILL: Let's put this as an exhibit, please. (Exhibit No. marked for identification) MR. GILL: I've got a couple more exhibits. So can we go forward we'll put them in all at once. BY MR. GILL: Q. So on the th you spoke to Miller.

42 0 0 What did you speak to her about, anything else? It would have only been Morrison. Q. Just Morrison, as far as getting her on? A. I believe so. Q. So I called it a motion; you wanted to call it a what? A. I believe it was a report. Q. Okay. Let's call it a report. Did you know that you were putting Amy's name on this report to the court which justifying the fact that we were having spies? You remember you disagreed with it, right? A. I did disagree with that, right. Q. Yes. So did you know this was done by you on April 0th, and the reason why we were upset was it invited someone to be able to come in and leave and make it look like we're irrational; didn't I say that to you? Q. Oh. That was why -- why otherwise would I be upset? A. You were upset that the conspiracy theory wasn't inserted into the report.

43 0 0 Q. It was not -- you don't remember saying -- I can show you the differences in what we included it, so we'll see if it's conspiracy but let's go on. Do you see what date that is? That says April 0th; is that correct? A. I don't remember the exact date. Q. But does it say April 0th? A. It does. Q. Okay. Good. MR. BARRINGTON: We've got to get an exhibit number on these or the record won't be able to show. Q. So do we see here where you put the name Amy in -- does it say Amy? Q. So on April 0th, when you're putting this together, you have been speaking to Amy Miller? A. I'm not sure I'd spoken to Amy Miller at that point. I think it's possible I just knew she was going to be hired as the attorney. Q. Well, here's an interesting thing. I want to remind you we hired Amy Miller /. You

44 0 0 didn't remember speaking to Amy Miller as of /, right? A. I don't remember the exact dates. Q. Well, you said you didn't speak to Ms. Miller prior to finding the fee agreement in Wiggin, correct? A. I'm not sure that is what I said. Q. That's exactly what you said. What do you like to say now? Did you find -- before you found the affidavit did you have communications with Miller? Would you like to change your answer? A. I honestly have no idea. Q. Well, now that I'm showing you the communications and documents, are you getting a better idea that you did? A. Those time frames seem reasonable. Q. Well, I did show you a report that you put together for the court; and it does indicate, does it not, Amy? Q. There. MR. GILL: I'd like to submit this as --

45 0 0 we'll take a second. We'll put these in as evidence, please. A. Carrie told me that Amy had been hired as the attorney. (Exhibit Nos. - marked for identification) BY MR. GILL: Q. So here's April 0th. days before Miller started. Here's April th. The day before you found the forgery. (Witness viewing documents) Q. Did you write those? (Witness viewing documents) A. Exhibit is actually two different versions of the report. Q. Are you the author of those? A. I did not write all of the one in the one marked No., the paragraph starting: Mr. Gill has had difficulty retaining adequate representation due to constant and consistent interference and sabotage by opposing counsel. That paragraph was not written by me. Q. No. That was written by me. That's the

46 0 0 one you should have wrote. A. I disagree. Q. Can I have them back now? Okay. So you watched the videos. Do you know what happened with Ms. Miller? Q. Oh. My question: Did Ms. Miller communicate to you about placing that forgery? Q. In fact, did you see the text messages two weeks after you left that threatened my life and my children? Did you see those? Q. You did. Okay. Do you remember what they said about Ms. Miller? Q. You don't remember they called Ms. Miller a spy? Do you remember that? They might have. Q. Oh, they might have. You wrote the motion to get her in and get her out; now didn't you?

47 0 0 Q. Well, we just submitted into evidence that's what I'm claiming. And guess what? I'm suggesting that Miller gave you instruction on putting this together. MS. NAKAMURA: Is there a question there? Q. You denied knowing it. Do you admit to speaking to Miller -- when's the earliest date? Because we know now you were in communication at Tenn. A. I don't remember the earliest date. Q. So you spoke to Miller, communicated with Miller, on the very day you were putting that motion in or request, whatever you want to call it. We can agree on that, can't we? I did work on the report. Q. You did work on it with Miller? A. To obtain the information needed, yes. Q. On April 0th. Do you remember -- again I'm going to ask you when did you find the forgery? A. Seems like it was found on April th. Q. It wasn't seems. You wrote it down and documented. Didn't you see that document?

48 0 0 Q. Okay. So we found it on the th, and now we've got you working with Miller and talking to Miller by the 0th. A. Neither of these documents say April th, actually. Q. Found them. I said th. You've been talking to Miller since the 0th at the very least. You don't have any other memory of Miller before the 0th, do you? Q. Oh. So you've looked at the videos, you said you've seen the text messages, and you're aware they threatened me and my children's life; is that correct? A. That is my recollection of the text messages displayed in the videos. Q. So it's my imagination. That's kind of severe, wouldn't you say? A. That is not for me to say. Q. If someone threatened to murder you or your children, would you say that was a severe thing? A. I would say that's severe.

49 0 0 Q. Well, you just couldn't say that a second ago. A. I have no evidence that those text messages were actually sent to you. Q. Really. So when they refer to Miller as a spy, you don't recall that? A. I don't recall that specific detail. Q. Do you find that unusual since you worked with Miller, you wouldn't -- and opened the door for Miller to get here, you wouldn't recognize the fact that Miller was a spy? A. I had nothing to do with Amy Miller's hiring. Q. You had the motion that created and falsified to get her in and out. A. I was asked to draft the report to -- the Morrison court saying what efforts had been taken. You had hired Amy Miller. I mentioned that in the report to show the court that you were trying to obtain representation for the company. Q. Okay. So you did read that I said that Miller was a spy. So that's what happened, isn't it?

50 0 0 0 Q. What do you mean no? What do you know about it? A. I know my part of all of this. Q. Well, then why are you referring to Miller as not a spy? Is that your part? A. I have no idea what Amy Miller did. Q. Then don't comment on it. A. Okay. I have no idea. Q. All right. But we do know you talked to her on April 0th. Now, this also refers to Miller filing a RICO complaint in mid next week. She was -- the texter was right? Can you explain that, how they knew that? A. I have no knowledge of this. Q. Okay. But that is what happened. Did you work with Linda on Morrison Mahoney? A. I think, if did I, it was only a tiny bit. MS. NAKAMURA: Only what? THE WITNESS: It was only a tiny bit. MS. NAKAMURA: Thank you.

51 0 0 BY MR. GILL: Q. Really. You were working on Morrison Mahoney. We weren't working on getting depositions. Were you working with Linda on depositions? Q. Was Linda doing depositions for Morrison Mahoney? A. I don't know. Q. Well, if you were looking into Morrison Mahoney, and you're saying that Linda does depositions and scheduling, wouldn't that be a question in -- something you would look into? A. I was in charge of writing the report, and I wrote the report. Q. What report, oh, for letting the person in? Q. Well, you also said you were working with Morrison Mahoney on issues, weren't you? Did you read Morrison Mahoney complaint? Q. You did. Did you know Morrison Mahoney had conflicts? You were working on the complaint.

52 0 0 Did Morrison Mahoney have conflicts? A. I'm trying to remember. There were a great many cases. Q. Well, not -- A. I don't remember. Q. Not that you were working on. You were working on Morrison Mahoney, remember? You were writing the motion to get Miller in on Morrison Mahoney. You were preparing for Morrison Mahoney. Did you read the complaint? Q. Good. What did it say? A. I know that it alleged malpractice, and I know the one of the bases for that was a delay in some filings. I don't remember the exact filings. Q. After eight months the main charge was that they had conflicts of interest and couldn't represent me; isn't that so? A. I don't remember. Q. You wrote the -- we put the complaint and you read it. You were saying that when I said spies and all this, it was ridiculous, right? I asked you if you read the complaint.

53 0 0 So does this recall, they worked for me for approximately eight to nine months? A. That sounds about right. Q. Sounds right. Nick Alexander and Eric Renner were my attorneys. Q. Morrison Mahoney was the company they worked for. Q. They took my case against Divine, Millimet, Henry Hyder, Tenn and Tenn; is that correct? A. I don't remember every lawyer/law firm, but I know Divine Millimet was. Q. So they were representing me? Q. After those eight months on nine months over, how did our relationship end and why? A. It ended badly and -- Q. Why did it end badly? A. I want to say my memory is that they missed a statute of limitations, and that kind of screwed up the case.

54 0 0 Q. You putting a complaint together, the fact that after eight-nine months they have me sign pro se, I'm suing them for conflicts of interest. No recall, conflicts of interest? A. I don't remember that particular detail. Q. And you were an attorney forming a complaint. I was your paralegal. I was never your attorney. Q. What were you reviewing in the case? A. I was mostly putting together the report, which didn't involve the particular bases of complaint, so much as what efforts had been taken to obtain an attorney. Q. If you're suggesting that I was irrational putting this together, wouldn't you read the complaint you're looking at before you form an opinion? A. I did read it. Q. You did. So you don't know after nine months they found multiple conflicts and couldn't represent me? That's slipped your brain? It's been a year since I worked

55 0 0 for you. Q. That's kind of big. This whole principle, it's why we were suing them, and it wouldn't make sense why it was there. Now, Linda is responsible for depositions; isn't that so? A. That was one of her duties, yes. Q. Right. How many depositions did Linda do? A. I don't know. Q. How many in the State of New Hampshire? A. I don't know. Q. You don't recall any? A. I don't have that information. Q. Well, after -- what would you think to be an acceptable number of depositions? A. I'm sure that would depend on the particular case, the status of case. Q. I have multiple cases, right? Q. Yes. And does -- multiple depositions to do in those cases. You were an attorney on the case; wouldn't you agree?

56 0 0 A. I was not an attorney on those cases. Q. You're an attorney. A. I don't have the relevant litigation experience to have an opinion. Q. I didn't ask your opinion. I said you're an attorney. Q. Went to law school. Q. You would have more knowledge legally than the average person; wouldn't you say? A. Then the average person, yes. Q. Good. So what would you think the depositions? Seeing we had made potential hundreds, I'm asking you to guess how many Linda scheduled? A. I -- Q. Did you work with Linda closely? A. I worked with her reasonably closely. Q. Yes. How many depositions did she schedule? A. I don't know. Q. You don't know. Well, if I told you less than five, would you be surprised? You think

57 0 0 there should be less? So you had to think about five. Would seven be a better number? A. I don't know. Q. What if I told you she only did one? All this time, one, and never in the State of New Hampshire. Wow. No depositions. In fact, we just are in one now that I have had in New Hampshire. My first one in here. You find that unusual? A. I don't have the experience to say whether that's unusual or not. Q. This is an on April rd. We have some deadlines on Monday that we need to get done. This is Linda to you. I don't know about Carrie, but I'm more happy since working on Morrison. And then Linda asked you to talk to Eric, and you said you were more comfortable explaining it to her -- meaning Linda -- and, again, this is on Morrison. So, one, Linda does work with you on Morrison; and it appears that Linda's uncomfortable talking to you outside of being direct? Could you go through those and see if you read that?

58 (Witness complies) MS. NAKAMURA: Are you submitting this 0 0 as evidence? Q. Why were you nervous of -- MR. BARRINGTON: We will. Q. Why were you uncomfortable speaking to anyone else but Linda on this? A. May I see that again? (Witness viewing documents) A. I wasn't. This is from Linda to me, not from me to Linda. Q. All right. Then why do you think -- but there's still an uncomfortability of talking, right; would you agree? Does it say that? A. It says: I'm more comfortable explaining it to you. MR. BARRINGTON: Let's stop and throw a number on that. (Exhibit No. marked for identification) BY MR. GILL: Q. Miller. Have you told me all the conversations you had with Miller?

59 0 0 A. I also discussed with Miller reviewing the Hyder discovery before it was sent to the opposition. Q. Hyder discoveries? Q. When did you do that? A. I think that must have been approximately a week before it was due. I don't remember the due date offhand. Q. But you had no memory of speaking to her before the th? A. I don't remember the exact dates. Q. Oh. So the day after you find the forged fee agreement you were talking to her here on the th. Why don't you read that. Goes to the back. (Witness complies) Q. And on the record, again, we started on April st of '. A. That's not true. Q. That's when she started. A. She informally started before that date. (Witness viewing documents) Q. What was that? Can you explain what

60 0 0 0 this was? A. If I'm remembering correctly, that's regarding the Hyder discovery. Q. Hyder case, right? A. I believe so, yes. Q. So you're working with Miller on Hyder on the th of April? A. I wanted an attorney to review the discovery before it was sent to the opposition. Q. So you were on the th, again -- Q. -- before the forgery. Another conversation that you forgot, and now you're talking with Hyder. So you're talking to Miller on Hyder case and Morrison Mahoney, right? A. That's correct. Q. That's right. What happened to Miller in the Hyder case? A. I don't know. Q. Right. You remember the s that said Miller was a spy? A. The s?

61 Q. The text messages. A. Oh, yes. Q. Really. You said you didn't remember before. A. I remember them because you showed me them. 0 0 Q. You said no to that answer three times. I took a shot. Where do you work now? A. How's that relevant? Q. I'm asking a question, please. Where do you work now? Hello. Where do you work now? A. I work for the City of Rochester. Q. City of Rochester. As what? A. I'm a community development coordinator and grants manager. Q. Are you an attorney now -- Q. -- licensed in the state? Q. How'd you get that job? A. I applied for it. Q. You didn't get any help?

62 0 0 Q. No recommendations? A. I had letters -- not letters, but I had references from previous employment. Q. No attorneys? Q. Any local attorneys? Q. No. When's the last time you talked to Linda Nakamura? What are you looking for? I'm asking you a question. When is the last time you spoke to Linda? A. I was going to try to find the exact date for you, but -- Q. Give me an approximation. A. Okay. Q. Was it yesterday? Oh, good. Tell me. A. I think it must have been within the last months, and she told me that I was going to be deposed in this case. Q. Is that the only time you talked to

63 0 0 Linda since you left? Q. What'd you talk to her one more time? A. I talked to her at least a handful of times. Q. What? Speak up. A. I talked to her at least a handful of times. Q. A handful of times. Would you guys -- what were you guys talking about? A. The little bit about the complaint she filed against you, something about personal life. Stuff. Q. So you've gone over the case with her? Q. So you just said you talked to her about what's going on here and what's going on in the lawsuits; and, when I asked you if you talked to her about the lawsuit, you said no. A. She sent me a copy of the complaint, but she -- we didn't discuss in depth. Q. Oh. So I'm going to sue you, and I'm suing her, and you guys aren't talking?

64 0 0 A. We sent each other a copy of the complaints we received. Q. So, if I was to give you a hold notice, you're not going to show me on your phone that you have multiple conversations if I go through your s or your computer, I'm not going to see but just a few times, couple times; is that right? A. I don't recall the exact numbers. There were more towards the end of April right after I -- Q. So you want to change your answer right now? Because I am going to give you a hold notice. So you want to say it's quite often that you speak? Q. No. So let's put a number on it. Since you've left, because I'll put a number on it when I look, what would you guess it would be? A. In terms of individual phone calls, text messages, s? Q. Yes. A. Probably about 0 conversations and maybe 0, you know, s, text messages, et cetera, as part of those conversations. Q. So at least times?

65 0 0 Q. I'm just doing the math that you just put together. A. I said 0 conversations. Q. 0 conversations and s and texts? Composed of probably about 0 s and text messages. Q. And then 0 and, and what does that come to? So what are you talking to -- so you're saying you're not talking to Linda about this case? A. Not in any depth, no. Q. As you're a witness in the case, is that okay? A. I wasn't aware that I was going to be deposed. Q. As an attorney, you weren't? Not until Linda told me. Q. Oh. When's the last time you talked to Lisa Tracy? A. I don't remember exact date. Would have been during my employment with Mortgage Specialists. Q. But not afterwards?

66 0 0 Q. Lisa didn't turn around and -- turn around and have discussions working with you with the opposing counsels, right? Q. And Miller, you didn't have any conversations with Miller like that? Q. So if Miller was going to get immunity, and she said she had those conversations with you, she'd be lying? Q. Has the Justice Department contacted you yet? Q. Was there anyone from Mortgage Specialists that you've talked to in the last year? A. Linda Nakamura. You mean including my employment? Q. After your employment. A. After my employment. Okay. Linda Nakamura and Carrie Lemieux. Q. Who?

67 0 0 A. And Carrie Lemieux. Q. Are you talking about Carrie Lemieux right here? Sorry for the -- apologize for the mispronunciation. Q. Nobody else? Q. You're sure? A. I might have texted Debbie Peterson that I was fired on April st but I don't remember. Q. That's it? You're certain you have not had any communications with any other people other than Linda, right? A. Right. Q. That's it? A. That's correct. Unless you also include my filing a response to your lawsuit against me. Q. How about Dan Linett? Q. Nothing. Did you speak to any of opposing counsel?

68 0 0 Q. No one has said anything to you? Q. So now that you know that -- never mind. MR. GILL: We can take a minute, please. CROSS-EXAMINATION BY MR. BARRINGTON: Q. So you got served with the deposition notice, and you accepted service from the sheriff? Q. And we asked for you to produce communication with Linda Nakamura and s. Q. And so is that the pile -- Q. -- that's in front of you that's responsive to this? Q. Do you need a photocopy of those? Q. So can I take them out and make a copy? And this is Exhibit. (Recess taken)

69 REDIRECT EXAMINATION 0 0 BY MR. GILL: Q. Again, couple more questions. You have not spoken to Miller you said since you've left? Q. No communications? Q. Okay. Or had a conversation with someone about Miller? A. As far as I remember, no conversations about Miller either, no. Q. Okay. Just go over the dates with you. April th I interviewed Miller. April 0th you draft the first Morrison successor document, I guess is the term. You remember the 0th that you wrote it, right? You saw that and we've submitted it in as evidence; is that correct? A. As far as I know, yes. Q. So that's April 0th. April th we showed you the communications with Miller you had; is that correct?