earn ne une

10
n
12
13
14
15
16
17
18
19
20
21
22
23
24
25

1064

421

THE WITNESS: I didn't know anything about the
bankruptcy.

CHIEF JUDGE JONES: All right. Fine. You didn't know
anything. My question is, is he gambling as much today as he
was back then?

THE WITNESS: — Not that I know of.

CHIEF JUDGE JONES: ‘Thank you.

MR. WOODS: Your Honor, I have just one small area to
cover just for a couple of minutes.

REDIRECT EXAMINATION
BY MR. WOODS:
Q. Ms. Danos, you testified in grand jury about. an event in
the summer of '99, May, June of '99, when you went to the law
office of Creely & Amato to pick up an envelope at the
instruction of Judge Porteous?
A. Yes, sir.
Q. And you recalled.an incident where the secretary to
Creely & Amato brought an envelope to you?
A. Yes.
Q. You testified in grand jury that you asked what it was
about and then she rolled her eyes and you said, "I don't want
to know anything about it.”
A. That's right.
Q. Is that accurate testimony?
A.. I asked -- I asked something like, "What's this?"

Cheryll K Barron, CSR, CM, FOR 713.250.5585



we edrI ne wne

10

12
13
14
15
16
Ww
18
19
20
21
22
23
24
25

894

256

approximately $10,000 that you and your partner Bob Creely gave
to the judge?
A. Yes.
Q. And on the Liljeberg case, you had a contingency fee. Is
that correct? If you won -~
A. Right.
Q. + you got a percentage?
A. (Nodding head) .
. And that percentage would be split with Mr. Creely as your
law partner?
A. Yes.
MR. WOODS: Thank you. I pass the witness.
CHIEF JUDGE JONES:

Judge Porteous?

JUDGE PORTEOUS: Just briefly. Again, the same thing
with this witness as the previous witness. If you don't mind
and he doesn't mind, I'll call him Jake because we've known
each other that long.

THE WITNESS: Yes, Tom, it's been a long time, been a
long: road.

(CROSS-EXAMINATION
BY JUDGE PORTEOUS:
Q. Just a couple things, Jake. On these lunches or any
monies, did that any way have a quid pro quo where, you did
that, I was going to give you a judgment?
A. No.

Cheryl K Barron, CSR, CM, FORR 713.250.5565



1093

LAED CM/ECE - Live - Docket Report Page 18 of 52

08/25/1995

161

Mtn by pla Life mark Hospitals and ORDER for leave to file suppl memo
in support of its mtn for leave to file 2nd supp! and amended answer. by
Magistrate Ivan L. Lemelle Date Signed: 8/28/95 (REF BOTH CASES)
(dno) (Entered: 08/30/1995)

08/29/1995

160

MINUTE ENTRY( 8/28/95): ORDER & REASONS denying pla
Lifemark Hospital's mtn for partial sum jgm {78-1}. by Judge Okla Jones
II Date Signed: 8/28/95 (REF 93-1794) (dno) (Entered: 08/29/1995)

08/29/1995

162

‘Suppl Memo by pla Lifemark Hospitals in support of its mtn for leave to
file 2nd suppl answer to debtor's mtn to assume executory contract [152-
1}, (REF BOTH CASES) (dno) (Entered: 08/30/1995)

08/30/1995

16:

MINUTE ENTRY( 8/28/95): ORDER granting pla Lifemark Hospital's
min for leave to file 2nd suppl answer to debtor's mtn to assume
executory contract [152-1]. by Magistrate Ronald Fonseca (REF BOTH
CASES) (dno) (Entered: 08/30/1995)

09/06/1995

16:

zg

MINUTE ENTRY( 9/5/95): ORDER & REASONS denying pla
Lifemark Hospitals’ 2nd mtn for partial sum jgm [130-1] by Judge Okla
Jones II Date Signed: 9/5/95 (REF BOTH CASES) (dno) (Entered:
09/06/1995)

09/08/1995

165

MINUTE ENTRY ( 9/7/95): ORDER & REASONS denying pla
Lifemark Hospital's mtn to dismiss counterclaims & to strike related
affirmative defenses or, alternatively, for separate trial of counterclaims
& affirmative defenses [124-1]. FURTHER ORDERED that the
alternative mtn to sever issues is DENIED. by Judge Okla Jones II Date
Signed: 9/7/95 (REF 93-1794) (dno) (Entered: 09/08/1995)

09/15/1995

166

MINUTE ENTRY( 9/15/95): ORDERED that audit of 1,000 of
Lifemark's patient charts by Liljeberg will be conducted in a room at
hospital location to be selected & prepared by Lifemark on dates to be
arranged by counsel primarily between hours of 3:00pm & 4:30pm only
on Mondays though Fridays as stip. FURTHER ORDERED as stip. by
Magistrate Joseph C. Wilkinson Jr. (REF BOTH CASES) (dno) (Entered:
09/18/1995)

09/25/1995

167

MINUTE ENTRY ( 9/22/95): Pre-Trial Conf set for 11/21/95 at 8:30am is
rescheduled for 11/21/95 at 9:15am bfr Judge Sear as stip. by Judge
Morey L. Sear (REF BOTH CASES) (dno) (Entered: 09/26/1995)

10/02/1995

16

Ist amended Exhibit list by dft & debtor Liljeberg Ent Inc, (REF BOTH
CASES) (dno) (Entered: 10/02/1995)

10/02/1995

169

Suppl Witness list submitted by dft & debtor Liljeberg Ent Inc. (REF
BOTH CASES) (dno) (Entered: 10/02/1995)

10/12/1995

170

MINUTE ENTRY( 10/11/95): ORDERED that all proceedings in this
matter, including pre-trial conf set for 11/21/95 set before Judge, shall be
conducted by Section "S" of this Court as stip. by Judge Morey L. Sear
(REF BOTH CASES) (dno) (Entered: 1042/1995)

10/13/1995

7

MINUTE ENTRY( 10/11/95): Pretrial conf set for 11/8/95 at 9:15am will
be conducted by Judge Duplantier in his chambers. All other proceedings
to be conducted by Section "S" by Judge Adrian G. Duplantier (originally

https://ecf laed.uscourts.gov/cgi-bin/DktRpt.p1298508786861 7914-L_353_0-1 10/22/2007


958

SC EXHIBIT - 00013

se FE gt
) ae] esr tei At owes esate
CARD NUMBER
r9si22 PAYMENT RECEIVED - THARK YOU 08/02 5,263.99
22109 AMOUA. MEMBERSHIP FEE JACOH J AMATO JR =<
"ERIOD 05/99 “THRU 05/00 38.00 }- S300
worr10 | + | vaguenos RESTauamy Rew ONLEANS La
7° ro00/ SEVERE odfievsa] 1.29
womro | 2 | mine #ALCe “neSvaGrawie TAT RIE
weaaeeyor RESTAURANT on7ter99
won|. a] mine ‘Roses Rest: enctma th
‘361687830 FG00/sev oa730/99
aia | 4 | coRttEe Stem HOUSE NEW ORLEANS La
hve
corsa | 5 | sort "Tough Cae wast nanvey us .
‘asbeova7 ean mate 072/99) S10
corns | 6 | nick’ oven cae Renner La
Sarsecroo0 ao BeveRce 04/35/90
ome | 7] courstana Geices “Nuinoevabte re;
S08 neSrauRa * oa72s/90
ore | 8 | urBeRt6 RESTAURANT New ORLEAKS x
138 F000/ ee Venace 0481700)
ore | 9 | eB mance ReevaunenrYeRe nA i
abeeseos Fon, on7e700
ora | 10 | aunna Steakhouse 1 new oRtEaNs
re | 10] Aegetes77 36" re00/ervenace ony0/00
° 04/29/09 - $450
ome] 2 ies
0782799)
onze] oa
05/62/99
onze | ne
09/63/99
ors | as A
; . osieus8} as.28 SISO -
ore |e osygaree] —saes
om ¥ f
osjesso] 200.72 |. SYSo
ong 18 ta st é
osyéersa] —s78.07
ona] 39
osftorss} 21.29
oriaa | 20 A
osyiarao] aaa
7: a
ones os/iz/e0| aze.ca |—-S4SO.
ora | 22
osiizres] 6.96
ora | 23 u
BEVERAGE 05/16/99
oria0 | 241 008°GEeES entepnises Et new onLeme’ts
1000807756. GENERAL NOSE (05/19/99 37.08 |-5 450
aria | 25 | aumOka sfeacouse New ORLEANS
‘Teetassi7 roob/sewensoe osiievoo} —aa.an
TOTAL FoR sAcOR J AMATO UR $5,283.99
xno nuMBER
, ivi MEWBERSNIP reE ROBERT  CREELY 3B
2109 evi 00/95, “RRS ss.0 + 5390
aun | 26 cota we ta
G06 a0 P000/8e VERAGE oaforss} 29.29
ana] 27 ‘eesTeank
Srooe8 080 FO00/eEVERAGE o4azree] 22.67
aia] 28
04/28/99 69.12 +5450
gins | a9 | re howe oe ff
‘12 osjaeroa] 59.97
21s | 90) Sosiseseos Poon /etvenace oafas/o0| 129.
123.04
prae | 3 | ATLA, INGTON L sexTO
200}884n, cooseaccegeivaacheety. 04/30/20] 9.20
sive | 32 | suiris woutSny new ORE
‘Ob41 toD3, FDO ov7te/oo] 94.4
aima | 30 | exgons ‘BROTHERS O80 EDISON
‘000018961 LEATHER GOO0S oafze/s0] —s70.47 |- 5570

HP Exhibit 21(¢)

SCo0g2g


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10
ul
12
13
14
15
16
17
18
19
20
21
22
23
24
25

860

224

think I --

JUDGE LAKE: What word did he use?

THE WITNESS: "Killing me," "wearing me out," was his
words, And I think what that meant was ~~ the judge and Lenny
would hang out together more than any of us, and I think that
Lenny. and he were going out a lot. But I don't believe -- I
didn't take that to mean money.

JUDGE. BENAVIDES: I'm sorry, Were out of what?

CHIEF JUDGE JONES: Going out a lot.

JUDGE BENAVIDES: Okay. Going out a lot.

BY MR. WOODS:
Q. I'm not sure Judge Lake got the answer he was asking.

You said, "The guy is killing me," that's what
Lenny said?
A. Yeah.
Q. Okay. And then you had your own meaning to that?
A. Yeah. I'had my own meaning. I didn't -~ I didn't ask the
question of him, "Are you giving him money?" I didn't ask him
that.

JUDGE BENAVIDES: Is that like

let me see if I can
parlay it into something that it might mean to me. It's
like -- would that mean, like, "The judge is leaning on me too
much?"

CHIEF JUDGE JONES: No. It meant drinking and.

carousing.

Cheryll K. Barron, C5R, CM, FOR 7132505585



989

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seme wes rae
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=, +05) = $27.65



. - ~~ ne ER gmat Bes
‘Sater
wiser” | ae esr of nny seit ron treats
p CARO NUMBER
338063 PAYMENT RECEIVED - THANK YOU 03/03, 5,270.87
501050 1| sisTRo oe La Gare SANTA BARBARA CA
146 F000 AND BEVERAGE 02/19/00 68.66
so1051 2| santa BARBRA INN.” SANTA BARBARA Ca
* 201740992, LOOGING o2fi9yo0] 472.68
301052 a | enna Eagrce RestadRsawra oaRoane | °C
"$03084366.F000/2 02/20/00) 46.95
501052 4 | megPens CTGHTHOUSE.feanTA saRaARA
* ‘001290007 F000, ‘nf i9/00 22.15
sor0sa » | exevaan’Zogoabes sana cruz %
T19830379. DICK COLE CHE 2718/00 18.80 |- S190
so1089 «| aucarintrRartonma sawn sansann
0256 01 FOC0/SEVERACE 2721/00) 64.08
195054 7] Wentz CAR RENTAL SAN FRANCISCO Ga.
Bybe 256254645 HERTZ CAR RENTAL 02/16/00) 929.12 | 5150 |
so1054 8 2009 ‘Santa panoana "Ga 25
Teene7 13, CHEVRON Station 02/21/00! 9.60 | SISO
so10se ® zocaseat  Santacsanoana °C
“18901508, CHEVRON STATION 02/20/00 20.25 | SISO .
sorosa | 10 | oousternee Mores TM G05 -s6s4393, A
1954000000 LODGING 02/22/00] 822.44
joross | 11 | wine Roses REST. GRETNA ta
02/24/00) Pires)
sorosa | 12 in
02/21 foo} 22.42
worosa | 13 fe est
181 02/22/00 14,00. |- S370
woros1 | a its
2/29/00] 134.37
iors? | 15 fey
09/61/00 28.75
forosa | 16
9761700] 124.29
rosa | 17 ty
2/02/00 30.04
nos7 | 18
03/67/00 aos | SYSO
rosa | 19 ra i ‘8
Sseoi0017 “RESTAURANT 02/87/00 av.99
sorose | 20 | creoun it
6707002, F000-8EV" 03761700 20.61
corse | 21 | wouse OF bm ‘wanvev it
‘ez142a000 RESTAURANTS. 93/68/00 27.76
05070 | 22 | annovO VILLAGE Inw G80 ARROYC GRANDE. CA
01 7898891 380.90
01070 | 23 | KANPAT_ GAPANESE RESTAEW ORLEANS fe
7048 OOUNDEF INED 03/08/00 28.80
01074 | 2a | SRUMING’S -RESTAURANINEW ORLEANS fay
‘076053729. 5812/01 FOOD/SEVERAGE 03/13/00 13.13
orora | 25 | nine ROSES REST, GRETNA
‘d01a0¢ 109° F000/8E 03/43/00 51.40
oro7s | 26 ‘COMP ‘wanvey ie
‘63180007 ooo /eeveRace 03744700 30.28
oro7s | 27 | noses Ge Bango” Onan ray
73800 RESTAURANTS 03/14/00! 23.45
02077 | 26 | cnaneeg Steak nOvse new onLcANs LA
Trvesaa 39.70
oro7e | 29 | creda monOeviLes us
©07818004 FO0D-8eV 09/48/00 32.97
rose | 30] Rock N' SAKE NEW ORLESHS ce
Ogg07 9809 RESTAURANT osstevoo] 115.93
oso | a1 | mouse or oang, NaRvEY ity
1821422608 RESTAURANTS 03/19/00 23.08
TOTAL FOR JACOB J AMATO JR 3,360.09 | $5,270.57
‘sco0454



o3:ze

02:28

03:28

03:29

we earn unewne

10
1
12
13
14
15
16
17
18
19
20
21
22
23
24
25

833

197

Exhibit 39, which is an immunity order for you. And you've
seen a copy of that before, have you not?

A. Yes, sir, I have.

Q. Okay. And you and your counsel, Ralph Capitelli, have met
with Mr. Finder and myself; and we've gone over your grand jury
testimony and your 302's. Is that correct?

A. I don't know what the 302 is but

Q. A 302 is a memorandum of interview by the FBI.

A. Yes, sir.

Q. And you've looked at those, and those are accurate as to
your recollection. Is that correct?

A. Yes, sir.

Q. Okay. Tell the Special Committee what your profession is,
sir.

A. I'ma lawyer.

Q. Okay. And where do you presently practice?

A. My practice is from Colorado. I -~ I'm admitted to the
Colorado Bar, but I

I don't have any case -- cases in
Colorado. 1 purely practice here in Louisiana. I'm shutting
down my practice, so to speak; and I am -- I'm working from
Colorado, trying cases here in Louisiana.

So, in the last year, I've probably flown back
and forth 67,000 miles of travel time to handle litigation
matters here in Louisiana.

Q. How long have you been a licensed attorney?

Cheryll K. Barron, CSR, CM, FCRR 713,2505585



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18
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23
24
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jury testimony, which -- from some minor witnesses. And it
might cut down on the number of witnesses.

And then we would just have our summary witnesses
and Rhonda Danos. and either Judge Greendyke or Heitkamp,
depending on which one we can get over here.

Judge Greendyke was in a hearing today, and he
thought it might go tomorrow.

JUDGE BENAVIDE:

Even anticipating that you don't
agree to the stipulations with respect to the grand jury
testimony, you-all have been really good about working some of
these things out; and we appreciate it.

How long do you think that -- that it would take
to --

MR. WOODS: Well, I think we'll finish tomorrow, for
sure, with our side, and maybe even in the morning. We do have
Buddy Butler for, like, five minutes.

JUDGE BENAVIDES: All right.

MR. WOODS: He's the Regions loan -- bank president,
former.

JUDGE BENAVIDES: . Judge Porteous, on the other side,
how long do you anticipate it would take to —

JUDGE PORTEOQUS: At present, Judge, I may only be
calling that one witness that they tell me they're not calling,
Mr. Beaulieu.

JUDGE BENAVIDES: All right.

Cheryil K Barron, CSR, CM, FRR 713.250.5565



on:

Corn newne

10

12
13
4
15
16
ay
18
19
20
21
22
23
24
25

1069

426

attorney in that case?

THE WITNESS: No, sir.

MR. WOODS: I have no further questions, Ms. Danos.

JUDGE PORTEOUS: I have none.

CHIEF JUDGE JONES: All right. Well, then we'll stand
in recess for lunch; and we'll reconmence at 1:00 o'clock.

MR. WOODS: With that, we rest our case, your Honor.

(Sotto voce discussion at bench)

CHIEF JUDGE JONES: Okay. 1:15, how about that?

MR, WOODS: That's fine.

JUDGE PORTEOUS: Thank you, your Honor.

(Recess taken from 12:36 to 1:32 p.m.)

CHIEF JUDGE JONES: Be seated, please.

MR. WOODS: Your Honor, may it please the Court,
there's several matters on the exhibit list that weren't
identified as the records through the grand jury subpoena list
for authenticity purposes. And I checked with Judge Porteous.
He wants his medical records in, for example. We have no
objection to that.

JUDGE PORTEOUS: Well, they're listed on the exhibit
list.

MR, WOODS: Yes, they're on the exhibit list.

And just for purposes of the record, we would
Like everything on the exhibit list to be offered and admitted

into evidence.

Chery! K Barron, CSR, CM, FRR 713.250.5585



ad — a

Soot | oe. Lover iption of Monty Atte ows crest
sovoes | a6 | mums cums 4a) seTAInIE
oyoose 180" Foo oa7tovco} 161.48
jso1os: | 97 | vebrencon tue Grune ORLEANS
7 SERVI 03/29/00 21.50  S|SO
sorose | 20 | crescent C11y SAME NEW ORLEANS
‘502870 ho, eve osyoveo] —aa.a7
0092 | 39 | wats comrany ever ie
004 F000/SEVERAGE ox731v00] 3.60
soos | <0| reenes CUISINE RW ORLEANS
(628<58ea eo00/06vE oe76r00} 390.30
sors | 1 | mab Be Rew ORLEANS
‘091092098, FO00/sevE RAE onoveo} 52.29
soroas | 42 | pone re
‘Q0046S03" 5812/01 FoUD/BEVeRLGE 04/62/00] 4.28
soroes | as | macs°e ih
‘#0801002 Fc00/eeveRace o#vos/00] 41.75
jsoveo? | aa | masa 3 fey
wg2eazo\" PAY av THe PON oafesroo} 22.77
sorore | +s | cninn boxe 2
1480032 F000/aevERAGE o47o6re0] #.. 41.00
sov100 | 48 | schgcin tn"upiSracnerna i
3632/01 rocb/eevensce - 04/07/00] 39.70
sovsea | 47 | caiman" nevR gat Ca
cupt7f0r3 F090 AND SEveRscs 04/11/00] 69.00
sovto2 | «s | exson couPany Usa weTainie H
CXAOM  NRUEL MUSE "8351769852 047 70/00] 26.62
sorta | «9 | THe wove ocrota69 GRENTA 2
S1osess09 HOME IMPROV) REcES 4731/00] 47.88
sors | 50 eouipan USA a
SxOW  Ntuet arse a1sac4275 o47%6/00] 18.48,
sorros | ~ si | orer comection one
Sooiati3g FOOD ARO BeveRAGe oa 17/00| 101.97
sorte | 52 ace ua re st
010955395 HOME IMPROV/ ACCES 04/17/00 soa tS
sortoa | sa | venowa aes fabnant nan
‘go2 i317! ro00 & Oc o«77100] 108.19
sew asi nRanAN
‘eieoz00s' P00, bevE nace oe/fsroo] 25.10
55 | Ho ‘hoe Berot 302 Rane ies 4
GvioserG HOME imeRovinctes ——o/t0yo0}—sa2.71
TOTAL FoR ROBERT G CREELY $1,992.62 #00
wot ae 0
Se'eme BE baeue umes s
ae See
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$23.72

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$25.69


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1103

LAED CMECF - Live - Docket Report Page 28 of 52

10/02/1996

28!

Memoiin opposition by defendant Liljeberg Ent Inc to motion for partial
summary judgment pursuant to Rule 56 (241-1] filed by plaintiff.
Lifemark Hospitals (REF ALL CASES) (dp) (Entered: 10/03/1996)

10/02/1996

33

Motion by plaintiff Lifemark Hospitals and ORDER to supplement trial
exhibits and memo in support is GRANTED by Judge G. T. Porteous Ir.
Date Signed: 1/8/97 (REF 93-1794)(dp) Modified on 01/10/1997
(Entered: 01/10/1997)

10/03/1996

278

MINUTE ENTRY (10/2/96): Having received the plas’ mtn to recuse, the
Court finds that in the best interest of justice all mtns are deferred
pending resolution of the mtn to recuse by Judge G. T. Porteous Jr. (dp)
(Entered: 10/03/1996)

10/04/1996

286

Memo in opposition by defendant Liljeberg Ent Inc to motion to quash
30(b)(6) nte of depo & subp d/t of Tenet HealthSystem Hosp Inc [285-1]
filed by plaintiff Lifemark Hospitals (REF: all cases) (gw) (Entered:
10/10/1996)

10/07/1996

28:

RETURN OF SERVICE of subp to Liljeberg Enterprises, Inc; svd
10/3/96. (dp) (Entered: 10/08/1996)

10/08/1996

28:

8

Motion by plaintiff Lifemark Hospitals and ORDER for leave to file a
supplemental memo in support of mtn to quash 30(b)(6) deposition &
subpoena duces tecum is GRANTED by Magistrate Joseph C. Wilkinson
Jr. (REF ALL CASES) (dp) Modified on 10/11/1996 (Entered:
10/11/1996)

10/09/1996

285

MOTION by Lifemark Hosp of LA Inc to quash 30(b)(6) nte of depo &
subp dit served on Tenet HealthSystems Hosp Inc by df Lifjeberg
referred to Magistrate Joseph C. Wilkinson Jr. for determination on the
briefs w/o oral argument. (REF: all cases) (gw) Modified on 10/10/1996
Entered: 10/10/1996)

10/09/1996

287

MINUTE ENTRY (10/8/96): granting Lifernark Hosp of LA Inc's motion
to quash 30(b)(6) ntc of depo & subp dit served on Tenet HealthSystems
Hosp Inc by dft Liljeberg [285-1] by Magistrate Joseph C. Wilkinson Jr.
(REF: all cases) (gw) (Entered: 10/10/1996)

10/09/1996

288

Memo in opposition by defendants Liljeberg Ent Inc & St Jude Hosp of
Kenner to motion to recuse [277-1} filed by plaintiff Lifemark Hospitals
(REF: all cases) (gw) (Entered: 10/10/1996)

10/10/1996

29

‘Memorandum by plaintiff Lifemark Hospitals in support of same's
motion to quash 30(b)(6) ntc of depo & subp dit served on Tenet Health
‘Systems Hosp Inc by dft Liljeberg [285-1] (REF ALL CASES) (dp)
Modified on 10/11/1996 (Entered: 10/11/1996)

10/10/1996

29:

Motion by plaintiff Lifemark Hospitals and ORDER for leave to file
supplemental memo in support of same’s mtn to compel payment of audit
costs is GRANTED by Magistrate Joseph C. Wilkinson Jr. Date Signed:
10/15/96 (dp) (Entered: 10/16/1996)

10/10/1996

29:

Motion by debtor Liljeberg Ent Inc for exped hrg on mtn to review Mag's
Order and - Rule continued & to be reset at a stat conf on 10/23/96 by
Judge G. T. Porteous Jr. Date 10/17/96 (REF ALL CASES) (dp)

nuups:iect laed.uscourts.gov/egi-bin/DKtRpt.pl?985087868617914-L_353_0-1 1072272007


o3ras

03:50

03:50

03:50

03:50

Bowne

nw

10
ul
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20
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23
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850

214

Q. He and Amato split the hundred -~ 1,000 each?

A. Okay. That's what I'm saying. It was either a wedding or
something to do with the kids. And my recollection was it was
a tuition deal. And I think -- I may have read that in that
interview with the FBI. I don't recall. I can't say word for
word.

This isn't a real pleasant thing for me to be
here today, and I know I brought this on myself. But whatever
it was for -- tuition, wedding whatever, for his kids, personal
things -~ I did it. Okay? TI gave him the money.

Q. Can you explain to the Committee what the circumstances
were, how the money was given to the judge on that occasion?
A. I think Ms. Danos came by, his secretary, and picked it up.
Q. How -- picked up what?

A. An envelope with money in it.

Q. It had two checks-in it --

A. Oh, no.

or did you put cash in it?

A. I'msorry. It was cash. It was never checks.

Q. And she picked it up for the judge?

A. That's my recollection, yes.

Q. Did you have a discussion with the judge, expressing some
displeasure, the fact that it had gotten so bad that he's
sending Rhonda over for it?

A. If I recall, yeah. We mentioned something to him about

Cheryit K Barron, CSR, CM, FORR 713.250.5585



2a noe Une

10
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13
4
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1065

422

And she rolled her eyes back; and I said, “Never

mind. I don't want to know."
Q. All right. What did you do with the envelope then?
A. Brought it back to the office and gave it to him.
Q. Would you describe the envelope as being thick with a lot
of documents or was it very thin with just one document in it
or how do you recall?

I don't recall it being very thick, you know.

Okay. And did you open it?

A,

Q.

A. No.
Q. What did you do with it?
A. Just brought it back to the office.

Q. And what did you do with it after you brought it to the
office?

A. Gave it to him,

Q. "To him" being Judge Porteous?

A. I don't recall if he was there or if I just put it on the
desk, but I brought it back to the office.

Q. Okay. And that was an errand you ran at the instructions
of Judge Porteous, to Creely & Amato's law office?

A. Yes.

Q. Thank you. And you do recall the date being May or June,
+992

A. I really don't remember when it was.

Q. Okay. In your grand jury testimony, you recalled that

Cheryl K. Barron, CSR, CM, FCRR 713,2505585



1108

LAED CMCF - Live - Docket Report Page 33 of 52

01/08/1997

342

Response by defendant Liljeberg Ent Inc to reply brief of pla, Lifemark
Hospitals. (REF 93-1794) (dp) (Entered: 01/13/1997)

01/09/1997

332

MOTION by plaintiff Lifermark Hospitals to quash subpoena of Douglas
Draper on 1/8/97 referred to Magistrate Joseph C. Wilkinson Jr. to be
heard before Mag/Judge Wilkinson at 11:00 a.m. on 1/29/97. (REF 93- .
1794) (dp) (Entered: 01/09/1997)

01/09/1997

337

MINUTE ENTRY (1/8/97): Hr gheld this date denying motion by dft,
Liljeberg Enteprises for additional limited chart audit [323-1] by
Magistrate Joseph C. Wilkinson Jr. (REF ALL CASES) (dp) Modified on
01/10/1997 Entered: 01/10/1997)

01/09/1997

34

é

Motion by plaintiff Lifemark Hospitals and ORDER to continue the
motion by dfts, Liljeberg, et al in limine to require Donna Erb to testify at
trial about her involvernent in the bid-rigging of the judical sale of the
hospital (329-1) previously set for 1/22/97 to 10:00 a.m. on 2/5/97 is
GRANTED by Judge G. T. Porteous Jr. Date Signed: 1/10/97 (REF 93-
1794) (dp) Modified on 01/10/1997 (Entered: 01/10/1997)

01/14/1997

34:

Motion by pla and ORDER resetting hrg on their motion for summary
judgment on dft's mitigation of damages counterclaim [325-1] at 10:00
2/5/97 by Judge G. T. Porteous Jr. Date Signed: 1/14/97 (REF: 94-3993)
(nn) (Entered: 01/15/1997)

01/15/1997

348

SMOOTH MINUTES: Hrg held this date bfr Judge Falion denying
motion by dfis, St. Jude, et al under all writs act to require Lifemark
Hospitals, Inc. to cause unsealing of record of civil aciton agst Jones,
Walker, Waechter, et al and for alternative relief [316-1]; Leave of Court
msut be obtained bfr any transcript of this proceeding can be made; ifa
transcript is prepared, it shall be filed under seal by Judge Eldon E.
Fallon. (RF 93-1794) (dp) Modified on 01/24/1997 (Entered:
01/24/1997)

01/21/1997

346

MOTION by plaintiff Lifemark Hospitals in 2:93-cv-01794 for leave to
terminate contract to be heard before Judge Porteous at 10:00 a.m. on
2/5/97. (REF 93-1794) (dp) Modified on 01/22/1997 (Entered:
01/22/1997)

01/21/1997

347

MOTION by defendant Liljeberg Ent Inc in 2:93-cv-01794 for review of
Mag/Judge’s order of 1/9/97 or, altematively for leave to file
supplemental expert report to be heard before Judge Porteous at 10:00
a.m. on 2/19/97. (REF 93-1793) (dp) Modified on 01/23/1997 (Entered:
01/23/1997)

01/24/1997

35

Motion by defendant Liljeberg Ent Inc and ORDER to withdraw
attorneys, Stephen T. Wimberly & William P. Connick for same is,
GRANTED by Judge G. T. Porteous Jr. (REF 94-3393) Date Signed:
1/27/97 (dp) (Entered: 01/29/1997)

01/27/1997

346

Notice by movant Donna E Erb of appearance of Michael S. Fawer
representing same. (REF 93-1794) (dp) (Entered: 01/28/1997)

01/28/1997

350

Memo in opposition by plaintiff Lifemark Hospitals to motion in timine
to require Donna Erb to testify at trial about her involvement in the bid-
rigging of the judical sale of the hospital (329-1) filed by defendant

https:/lecf.laed uscourts.gov/cgi-bin/DktRpt.p!?985087868617914-L_353_0-1 10/22/2007


1121

LAED CM/ECF - Live - Docket Report Page 46 of 52

on 6/7/00 & upon Tenet Healthcare Corp on 6/8/00. (REF: ALL CASES)
(rg) (Entered: 06/19/2000)

06/27/2000

Mail Retumed [485-1] minute entry addressed to John Flowers. (rg)
(Entered: 06/27/2000)

06/28/2000

Mail Returned [480-1] ntc of appeal addressed to John Flowers. (rg)
(Entered: 06/28/2000)

07/03/2000

‘Motion by plaintiff Lifemark Hospitals, Amer Med Intl Lifernark
Hospitals and Tenet Healthcare and ORDER for leave to file supp! memo
in support of its memo in opp to Liljeberg's mtn to award addl damages ;
by Judge G. T. Porteous Jr. Date Signed: 7/5/00 (REF: ALL CASES) (rg)
Modified on 07/27/2000 (Entered: 07/06/2000)

07/05/2000

491

‘Memorandum by plaintiff Lifemark Hospitals, Amer Med Intl & Tenet
Healthcare in support of their opp response to mtn to award add! damages
[482-1] (REF: ALL CASES) (rg) (Entered: 07/06/2000)

07/05/2000

&

MINUTE ENTRY (7/5/00): Status Conf held 10:00 7/5/00 ; Re
Liljeberg's motion to set addl damages, compel docs & increase
supersedeas bond [481-1], the parties agreed that no further action be
taken re setting these addl damages pending resolution of the Court's
initial determination of liability & damages. by Judge G. T. Porteous Jr.
(REF: ALL CASES) (rg) (Entered: 07/06/2000)

07/14/2000

iS
S

Motion by St. Jude Hospital of Kenner, La., L.L.C. and ORDER to
substitute St. Jude Hospital of Kenner, La., LLC. as the proper party to
the suit ; by Judge G. T. Porteous Jr. Date Signed: 7/17/00 (REF: ALL
CASES) (rg) (Entered: 07/18/2000)

07/18/2000

Payment of appeal fee (480-1) by plaintiff Lifemark Hospitals, et al, in
amount of $ 105.00 (REF: ALL CASES) (rg) (Entered: 07/19/2000)

07/19/2000

‘Mail Returned [489-1] order addressed to attorney John Flowers.(rg)
(Entered: 07/19/2000)

07/20/2000

ORDER & REASONS: ORDERED that the motion of plas Lifemark of
LA, Lifemark Hospitals, Inc., Amer Med Intl, & Tenet Healthcare Corp
to alter or amd jgm is DENIED. FURTHER ORDERED that the mtn of
dits Liljeberg Ent & St. Jude Hospitals to alter/amd findings/jgm is
DENIED. [477-1]; [474-1]; by Judge G. T. Porteous Jr. (REF: ALL
CASES) (rg) Modified on 08/07/2000 (Entered: 07/20/2000)

07/20/2000

Mail Returned [490-2} order addressed to attorney John Flowers (REF:
ALL CASES) (ck) Modified on 07/21/2000 (Entered: 07/21/2000)

07/28/2000

Mail Retumed [493-1] order addressed to attomey John Flowers (rg)
(Entered: 07/3 1/2000)

07/31/2000

MINUTE ENTRY (7/31/00): ORDERED that the attached amended jgm
pursuant to Rule 54(b) is made jgm of this Court; by Judge G. T.
Porteous Jr. (REF: ALL CASES) (rg) (Entered: 08/01/2000)

08/01/2000

Mail Retumed [494-1] order addressed to attorney John Flowers (re)
(Entered: 08/01/2000)

https://ecf.laed.uscourts. gow/cgi-bin/DktRpt.p!?98508786861 7914-L_353_0-1 10/22/2007


02:33

02:33

2:34

oasa8

02:36

Sees nunswne

12
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18
19
20
2
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1032

477

MR. WOODS: Your Honor, I'm happy to stipulate to that
paragraph. The Department of Justice has certain regulations
that they have to go through, the Touhey regulations, before a
Department of Justice person can testify. I'm happy to
stipulate to that paragraph he wants, that the reasons why the
Department of Justice did not decide to prosecute -~ the
reasons why they decided not to prosecute.

CHIEF JUDGE JONES: I really don't think that's
material, Judge Porteous. I mean, if anything, you ought to be
praying to God every night in thanks. So —~

JUDGE PORTEOUS: Well, I just wanted to make clear
that those provisions they raise were not just particular
because I was a federal court judge. These things they allege
are for any defendant. They couldn't prove anything is what
they say in here.

CHIEF JUDGE JONES: Well, I think that the judge and
jury to whom you are making that case, which consists of us and
possibly people in Washington, pretty much understand that.

JUDGE BENAVIDES: Don't we have the complaint that was
filed with us as part of the record?

MR. WOODS: Yes, your Honor.

JUDGE BENAVIDES: So, that's -- that's there.

CHIEF JUDGE JONES: It speaks for itself.

MR. WOODS: Yes. But if he wants to emphasize that

point, we're happy to stipulate to it.

Cheryl K Barron, CSR, CM, FRR 713.250.5585



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‘O1aot0s09 FO00/Be VERAGE 08/8/99 29.98
501239 2| manmats HARVEY
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91288 08/20/99 19.77
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‘90370055 FOOD, aNO ‘6EVERACE 0819/99 22.08
jsor23s 5 OVEN CAFE, KENKER. U
‘200388902. FOOD AND BEVERAGE 08/22/99 96.04
sor238 6 | mcs ac
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jsor239 | rwouna:Senvices 1s0
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sorza9 | est
sto FOS /eEV. 00/26/99 20.
sor24a 9 | CHINESE KING. RESTAURANT LA PLACE LA
‘Oo02)6sea RESTAURANT 00/25/99 31.36
01243 | 10 | Five HapPiness RSTR NEW ORLEANS i
‘7369511. F000~ 08/29/99 s7.91
Joorzea | 11 | cuancteS Sean HOUSE NEW ORLEANS LA
Thv#3a6705 51.00
looszas | 12] ca FENTCME INC NeW ORLEANS LA
Thvaso7a83, 3115
sorzas | 19 | 141 Doureauts cestandrvey 1A
738 )9060 F 08/31/99 27.01
jsoy24s | 14] exon Cowan Usa. HARVEY ta
fa TueL/urse. 8957452752 09/01/99 26.58 [SISO
sorzes | 15 | nuts. cunas ew onLEANS
75945033 Fo00/06 os/or/99] 105.94
lsorzes | 16 | vay YUEN maNBEVILLE LA
S02 F000 Abo SEVERAGE 09/63/99 44,02
sorzee | 17 | mew oaueane Fooo/sriManveY
sav0o%6 FouD 972/99 41.59
sorzey | 10 | ancco"arStonanre “new ORLEANS i
reouzgan osfez/90| —v40.45
lsorze9 | 18 | orexony seve’ senve if so
(O18019388 SHELL OTL @71740000831 09/05/99 25.00 LSI
jso1250 | 20, a
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soreso | 21| senvi ‘e08-265-9269 a. $0
‘00a2a°662 ONLINE 09/07/99 ato5 Od
Joos2s: | 22 | La Fewieve Inc Rew ORLEANS LA
Thvaso796 29.60
sov2s1 | 23 | xvorovn ew ORLEANS us
(001769848 FO00/SEVERAGE 09/67/99 39.95
sors: | 24 TeTaIRIE it
0 000/e vERAGe 09/96/29 20.60
sovzsa | 25 | wentucct's nestaunannanvey
‘00/8e¥ 09/69/99 62.00
sorzsa | 26 | cwinese ns ew ORLEANS Fs
11900 10029: F000/ee veRnoe 09/69/99 20.96
lsorzss | 27 | senoutne socea io
39610017 | EATING PLACES. RESTAURAN 09/10/99 27.00
sorass | 28 | oac0Ta. wine G reCD STORE MANOEVILLE Ut
uoza34e8 FOOG ANS, $8712/09 26.73
01257 | 29] wetna Bistao new ORCEANS cn
: 09/43/99 44,00
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TOTAL FoR JACOB 4 AmATO JR $1,305.18 | 510,299.51

‘Sc00439


1087

LAED CM/ECF - Live - Docket Report

02/06/1995)

02/02/1995 79 | Motion by plaintiff Lifemark Hospitals and ORDER that the
affidavit of Walter Earl Bissex be filed into the record by Judge Okla
Jones II Date Signed: 2/6/95 (REF: 93-1794 & 93-4249) (gw) (Entered:

Page 12 of 52

inal

02/06/1995 ai

s

BOTH CASES) (dno) (Entered: 02/09/1995)

Introductory & explanatory guide to phases of supp! memo by pla
Lifemark Hospitals in support of its mtn for partial sum jgm [78-1] (REF

02/07/1995 wx

8

03/17/1995 (Entered: 03/06/1995)

Mtn by dft Liljeberg Ent Inc and ORDER for leave to file supp! memo &
Exhibit numbers 47 through 53 thereof, under seal as stip. by Judge Okla
Jones If Date Signed: 3/3/95 (REF BOTH CASES) (dno) Modified on

02/07/1995 91 | Sealed Document (dno) Modified on 03/17/1995 (Entered: 03/06/1995)

02/09/1995 9:

8

Modified on 03/17/1995 (Entered: 03/06/1995)

Mtn by pla Lifemark Hospitals and ORDER that same is allowed to
substitute suppl memo in lieu of supp! memo filed previously filed. by
Judge Okla Jones I Date Signed: 3/3/95 (REF BOTH CASES) (dno)

02/13/1995 8

Min by pla Lifemark Hospitals and ORDER expediting its mtn for
protective order to 2/13/95 at 9:30am. FURTHER ORDERED after
teleconference that depo is hereby cont to be reset after ptys’ counsel
meet & attempt amicable resolition of issues herein. by Magistrate Ivan
L. Lemelle (REF BOTH CASES) (dno) Entered: 02/15/1995)

02/14/1995, 9:

Entered: 03/06/1995)

Mtn by dft Liljeberg Ent Inc & ORDER for leave to file 1)-2nd supp!
memo in opp to Lifemark's mtn for sum jem: response to Lifemark's
Appendix E; 2) Exhibit 57; & 3) Exhibit 58, by Judge Okla Jones 11 Date
Signed: 3/3/95 (REF BOTH CASES) (dno) Modified on 03/17/1995

(Entered: 02/15/1995)

02/15/1995 82 | MTN by pla Lifemark Hospitals for protective order referred to
Magistrate Ivan L. Lemelle at 9:30 2/13/95 (REF BOTH CASES) (dno)

02/15/1995 8:

case to Ci

(Entered: 02/16/1995)

Mtn by dft & debtor Liljeberg Ent Inc and ORDER that its min to remand
‘il District Court, Parish of Orleans [27-1] s WITHDRAWN.
by Judge Okla Jones {I Date Signed: 2/16/95 (REF BOTH CASES) (dno)

‘on 02/22/1995 (Entered: 02/22/1995)

02/21/1995 84 | MINUTE ENTRY (2/15/95): ORDER granting dft Liljeberg's mtn to
dismiss the unfair trade practices & denied as to antitrust claims [24-1]
withdrawing dft Liljeberg's mtn to remand case to Civil Distri
Parish of Orleans [27-1] & denying pla Lifemark’s mtn for partial sum
igm [32-1]. by Judge Okla Jones Il (REF BOTH CASES) (dno) Modified

Court,

02/21/1995 8

days for ptys to file expert reports. by M
02/27/1995)

Min by debtor Liljeberg Ent Inc and ORDER extending time an addi 15
strate Ivan L. Lemelle Signed:
2724195 (REF BOFH CASES) (dno) Modified on 02/27/1995 (Entere:

02/22/1995 8

Memo in opposition by pla Lifemark Ho:

https://ecf.laed.uscourts.gov/cgi-bin/DktRpt.pl?985087868617914-L_353_0-1

itals to ex parte mtn for
extension of time to file expert reports filed by dft Liljeberg Ent Inc.

1072272007


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15
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19
20
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22
23
24
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1024

469

throughout the year and bought raffle tickets. And I would
give those -- that money to Rhonda. And most of the time it

would be -- all the time, I think, it would be cash. I would

give them $20 for five raffle tickets or whatever.
Q. Okay. That's the only occasion you can recall giving the
cash to Rhonda Danos rather than the cash to Judge Porteous
when he would ask for it?

A. Yes, sir, T believe so.

Q. Now, you told the grand jury that Judge Porteous and his
wife gambled a lot. What do you mean by "a lot"?

A. They liked to gamble.

Q. Did you ever go with Judge Porteous when he was gambling?
A, Idid. 1 do not like to gamble.

Q. Okay. Did you ever give him money when he was gambling and
would ask for it?

A. On a couple of occasions I've given Tom a hundred dollars.
If I would lose a hundred dollars, I would quit. And he would
ask me if I had some money on me, and I would hand him a few
dollars if I had it on me.

Q. “A few dollars" being what? A hundred or so?
A. A couple of twenties, a hundred, whatever.

Q. Okay.

A. Nothing of any moment that I would think.

Q. You didn't like to lose personally, but you didn't mind
giving it to Judge Porteous to gamble with?

Cheryl K Barron, CSR, CM, FORR 713,250,5585



1013

AMATO & CREELY

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1091

LAED CMIECF - Live - Docket Report Page 16 of 52

05/05/1995

132

MINUTE ENTRY ( 5/4/95): ORDERED that pla Lifemark's mtn for

jgm & to dismiss counterclaims set for /10/95 are taken
to be decided wio oral argument. by Judge Okia Jones
Il (REF BOTH CASES) (dno) (Entered: 05/05/1995)

05/11/1995

134

‘Suppl Memo by pla Lifemark Hospitals in support of its mtn to dismiss
counterclaims & to strike related affirmative defenses or, alternatively,
for trial of counterclaims & related affirmative defenses [124-1] (REF
BOTH CASES) (dno) (Entered: 05/11/1995)

05/15/1995

135

Motion by plaintiff Liferark Hospitals in 2:93-cv-01794 and ORDER
for leave to file the attached supp! memo in support of the 2nd mtn for
partial sum jgm is granted. by Judge Okla Jones II Date Signed: 5/19/95
(Ref: Both Cases) (cp) (Entered: 05/19/1995)

05/16/1995

137

Min by pla Lifemark Hospitals and ORDER expediting its mtn to strike
jury demand. Matter will be submitted on briefs only. Opp to mtn due by
noon on 6/2/95. by Judge Okla Jones Il Date Signed: 5/19/95 (REF
BOTH CASES) (dno) (Entered: 05/23/1995)

05/16/1995

139

Mtn by pla Lifemark Hospitals and ORDER that all briefs in support &
in opp to the mtn for partial sum jgm filed by same on 4/24/95 be filed
w/Court by 5/31/95 at noon. by Judge Okla Jones Il Date Signed: 5/19/95
(REF BOTH CASES) (dno) (Entered: 05/23/1995)

05/19/1995

136

Memorandum by plaintiff Lifemark Hospitals in 2;93-cv-01794 in
support of motion for partial summary judgment (Ref: Both Cases) [130-
1] (€p) (Entered: 05/19/1995)

05/19/1995

138

MTN by pla Lifemark Hospitals to strike jury demand to be heard before
Iudge on briefs only (REF BOTH CASES) (dno) (Entered: 05/23/1995)

05/23/1995,

‘Memo in opposition by ft Liljeberg Ent Inc to mtn to strike jury demand
[138-1} filed by pla Lifemark Hospitals. (REF BOTH CASES) (dino)
(Entered: 05/24/1995)

05/25/1995

14

MINUTE ENTRY( 5/25/95): ORDERED that Non-jury Trial set for
6/19/95 is CONT to 8:30 12/4/95. A conf to discuss preliminary trial
matters is set for 8:00am on same day. Final pre-trial conf set for 8:30
11/21/95 as stip. by Judge Okla Jones Il (REF 93-1794) (dno) Modified
on 05/26/1995 (Entered: 05/26/1995)

06/02/1995

142

‘Memo in opposition by dft Liljeberg Ent Inc to renewed mtn for sum jem
[130-1] filed by pla Lifemark Hospitals. (REF BOTH CASES) (dno)
(Entered: 06/06/1995)

06/13/1995

143

Min by pla Lifemark Hospitals and ORDER for leave to file response to
brief of Liljeberg Ent Inc. by Judge Okla Jones I Date Signed: 6/16/95
(REF BOTH CASES) (dno) (Entered: 06/19/1995)

06/16/1995

144

Memo by pla Lifemark Hospitals in response to Liljeberg's memo in opp
to pla’s mtn for partial sum jgm [130-1] (REF BOTH CASES) (dno)
(Entered: 06/19/1995)

06/27/1995

14

Min by pla Lifemark Hospitals and ORDER for leave to file addl docs to
supp its mtn for sum jgm. by Judge Okla Jones {1 Date Signed: 6/29/95
(REF BOTH CASES) (dno) (Entered: 06/30/1995)

Hecf.laed.uscourts.gow/cgi-bin/DktRpt.p!?98508 78686179 14-L_353_0-1 10/22/2007


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And, so, I would look at the calendars. And it
would say, "Duck hunt"; and I would have -~ I mean, "Dove hunt"
and I had three or four days blocked out. I would then refer
to my passport to see if I had entry and exit into the country
at that period. And if I did, then I aligned the two.

To give you a specific year, I can't do it.
Okay?

Q. I understand.
A. ALl right.
Q.° Tet me ask you another question.

Did you not hire an individual, Amato Creely, at
my request, a young man named Raphael, Gary Raphael?

A. Oh, Gary Raphael?

Q. Raphael.

A. Yeah, Raphael, correct.

Q. And you were not overly impressed with his abilities, as I
recall?

A. (Indicating).

Q. Is that a fair statement?

A. Yeah, that's a fair statement.

Q. And you-all were paying him?

A. Yeah.

Q. Did not I send some curators to you-all also in an effort
to help at least give him something to do and help defray some

of his cost? Isn't that a fair statement?

Cheryl! K Barron, CSR, CM, FORR 713.250.5585



Cor nns wn

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CHIEF JUDGE JONES: And it shows you making over
26,000 in payments, nearly $10,000 more paid out on his behalf.
Now, if we do simple math and he repaid you ~~ that's why I
asked you if —-

THE WITNESS: That is not accounted for in my
checkbook?

CHIEF JUDGE JONES: Yes, ma'am, that's correct.

THE WITNESS: Well, that's not what T came up with.

CHIEF JUDGE JONES: Well, why didn't you tell the
grand jury that?

THE WITNESS: Well, I wasn't aware that there was a
discrepancy like‘ that.

CHIEF JUDGE JONES: You went -~ you went before the
grand jury two times.

THE WITNESS: He said there was ~~ he said something
about $10,000; but I didn't realize that he meant that I paid
$10,000 for Judge Porteous, because I didn't.

CHIEF JUDGE JONES: Well, then it had to come from

cash.

THE WITNESS: That he gave me 10,000 in cash?

CHIEF JUDGE JONES: That's what he would -~

‘THE WITNESS: To make up for what it was -- for what
was paid?

CHIEF JUDGE JONES: That's what one would have to draw

the conclusion if you ended up even with him.

Cheryl K Barron, C5R, CM, FRR 713.250.5585



938

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Q. Is that testimony accurate?

A. Yes.

Q. Okay. Tell the Committee what your occupation is.

A, I'm an attorney.

Q. How long have you been licensed?

A. Since 1970,

Q. Okay. Tell the Committee what relationship you have had
with Judge Porteous, starting back in -~ when you first started
practicing.

A. Iwas in the district attorney's office and Judge Porteous
was with the attorney general's office and he was sent to
Jefferson Parish as’a special counsel to help out the Jefferson
Parish district attorney's office. And he was assigned to

me -- or I was assigned to him to show him the ropes of how the
DA's office worked.

Q., And did there come a period of time when you then officed
with Judge Porteous?

A. Yes. There was a time that we practiced law together with
Marion Edwards, Tom Porteous, and myself.

Q. What years were those?

A. I would have to say in the early Seventies for ~~

Q. How many years?

A. Probably two to three years.

Q. Okay. Did Bob Creely join you when the four of you were

together?

Cheryll K Barron, C5R, CM, FORR 713.250.5585



1085

LAED CMECF - Live - Docket Report Page 10 of 52

for partial summary judgment [32-1] Ref 93-1794 & 93-4249 (kh)
(Entered: 07/18/1994)

07/19/1994

56

Motion by Lifemark for exp hrg and ORDER finding the motion for
protective order [55-1] dismissed as moot as stip by Magistrate Ivan L.
Lemelle Date Signed: 7/26/94 Ref 93-1794 & 93-4249 (kh) (Entered:
07/2711994)

07/27/1994

5:

MOTION by Lifemark for protective order Ref 93-1794 & 93-4249 (kh)
Modified on 07/27/1994 (Entered: 07/27/1994)

07/29/1994

37

ORDER Case 93-1794, 93-4249 & 92-1234 are reassigned to Judge
Marcel Livaudais by Judge Ginger Berrigan Ref 93-1794, 93-4249 (kh)
Entered: 07/29/1994)

08/15/1994

MINUTE ENTRY (8/15/94): Status Conf will be held on 8/23/94 at 9:15
am by Judge Marcel Livaudais (REF: 93-1794 & 93-4249) (gw)
(Entered: 08/15/1994)

08/24/1994

59

MINUTE ENTRY 8/23/94: A conf was held this date. ORDERED that
ttn by Lifernark Hospital for partial summary judgment (32-1] & min by
Liljeberg Ent Inc to dism the antitrust & unfair trade practices
counterclaims of Lifemnark Hospitals [24-1] be cont until completion of
disc. The mtn to remand case to Civil District Court, Parish of Orleans
27-1] remains submitted; cases are reassigned to Judge Edith B. Clement
by Judge Marcel Livaudais (Ref: Both cases) (sw) Modified on
08/25/1994 (Entered: 08/25/1994)

08/31/1994

ORDER Case reassigned to Judge Ginger Berrigan by Judge Edith B.
Clement (Ref: 93-1794, 93-4249) (ps) Modified on 08/31/1994 (Entered:
08/31/1994)

09/09/1994

6

NOTICE that a preliminary conference is scheduled by telephone before
courtroom deputy at 10:00 9/27/94 by Clerk (REF: Both Cases) (kc)
(Entered: 09/09/1994)

09/23/1994

6

8

MOTION by defendant Liljeberg Ent Inc to compel pla, Lifemark
Hosptials of Louisiana & American Medical International for production
of documents referred to Magistrate Ivan L, Lemelle to be heard before
Mag/Judge Lemelle at 9:00 a.m. on 10/19/94. (REF BOTH CASES) (dp)
Modified on 09/26/1994 (Entered: 09/26/1994)

09/27/1994

6

MINUTE ENTRY (9/27/94): Preliminary Conference held; amendments
due w/in 30 days from court's ruling on motion by Liljeberg to dismiss ;
pretrial conf set 9:00 5/31/95 & non-jury triat set 10:00 6/19/95 bf

Judge; by Clerk for by Judge Ginger Berrigan (REF: BOTH CASES)
(ke) Entered: 09727/1994)

09/30/1994

6:

ORDER that all pleadings be filed in the lead case only except for
documents which terminate a party or a case, by Clerk (REF: All Cases)
Gd) (Entered: 09/30/1994)

10/04/1994

6

Motion of Liljeberg Enterprise Inc and ORDER for appearance of co-
counsel Don M. Richard by Judge Ginger Berrigan Date Signed: 10/5/94
Ref all cases (kh) (Entered: 10/06/1994)

10/11/1994

66

Memo in opposition by plaintiff Lifemark Hospitals to motion to compel

inwps:ifecflaed.uscourts.gov/cgi-bin/DktRpt pl?985087868617914-L_353_0-1 10/22/2007


1081

LAED CMEECF - Live - Docket Report Page 6 of 52

assume by Judge Marcel Livaudais Date Signed: 7/20/93 (sw) Modified
on 07/21/1993 (Entered: 07/21/1993)

07/20/1993

cy

Reply by plaintiff Lifemark Hospitals to amd memo in opp to mtn to
widraw reference of mtn to assume (sw) (Entered: 07/21/1993)

07/20/1993

©

Motion by defendant Liljeberg Ent Inc and ORDER that hrg on mtn to
widraw the reference of debtor's mtn to assume executory contract [2-1]
is cont until 10:00 8/18/93 by Judge Marcel Livaudais Date Signed:
7/21/93 (sw) Modified on 07/26/1993 (Entered: 07/22/1993)

08/10/1993

MINUTE ENTRY 8/10/93: ORDERED that mtn to w/draw the reference
of debtor's mtn to assume executory contract [2-1] set for hrg at 10:00
8/18/93 bft Judge will be submitted w/o oral argument by Judge Marcel
Livaudais (sw) (Entered: 08/11/1993)

10/19/1993,

ORDER AND REASONS: granting LHL's mtn for withdrawal of
reference on the debtor's mtn to assume [1-1] ; Status Conf set 3:00
10/29/93 in chambers by Judge Marcel Livaudais (br) Modified on
10/20/1993 (Entered: 10/20/1993)

11/01/1993

MINUTE ENTRY 10/29/93: A Status Conf was held this date. Next
status conf is scheduled at 3:00 11/19/93 by Judge Marcel Livaudais (sw)
(Entered: 11/02/1993)

11/22/1993

MINUTE ENTRY 11/22/93: A Status Conf was held 11/19/93; A Pre-
Trial Conference will be held at 9:00 6/17/94; the Non-jury Trial will be
held at 9:30 7/18/94, Counsel are to confer & develop a proposed
discovery scheduled for this matter & are to present said schedule to the
Court on or bfr 1/17/94 by Judge Marce! Livaudais (sw) (Entered:
11/23/1993)

11/22/1993

MINUTE ENTRY 11/22/93: Clerk is directed to file the documents listed
below (from U.S. Bankruptcy Court) & attached herewith into the record
by Judge Marcel Livaudais (sw) (Entered: 11/23/1993)

12/14/1993

MOTION by plaintiff Lifemark Hospitals to make all adversary rules
applicable to debtor's mtn to assume executory contract (sw) (Entered:
12/14/1993)

12/14/1993

ORDERED that motion by Lifemark Hospitals of LA to make all
adversary rules applicable to debtor's mtn to assume executory contract
[15-1] is granted, reserving the right to the ptys to object to application of
specific rules if appropriate by Judge Marcel Livaudais Date Signed:
12/13/93 (sw) (Entered: 12/14/1993)

01/04/1994

Motion by defendant Liljeberg Ent Inc.and ORDER that same be granted
an extension of 20 days in which to file responsive pleadings by Judge
Marcel Livaudais Date Signed: 1/5/94 (sw) (Entered: 01/06/1994)

01/06/1994

Joint Motion by debtor Liljeberg Ent Inc, plaintiff Lifemark Hospitals
and ORDER for withdrawal of reference of the debtor's obj to Liferark
Hospital of Louisiana, Inc.'s proof of claim and the trial of the claim obj
is consolidated w/the trial of the assumption mtn. Parties to file copies of
Lifemark’s proofs of claim and debtor's obj to Lifemark’s claims; by
Judge Marcel Livaudais Date Signed: 1/7/94 (rg) (Entered: 01/10/1994)

hetps:/ecf.laed.uscourts.gov/cgi-bin/DktRpt.p!?985087868617914-L_353_0-1 10/22/2007


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JUDGE BENAVIDES: All right. And how do -- how would
you -~ how do you feel about the propriety of having a judge
use his authority to provide funds through -- to you from court
costs from plaintiffs to keep someone employed in your firm and
to provide money to your firm from his docket, so to speak, so
that you could keep someone on that he’wanted you to keep in

his firm

in your firm?

THE WITNESS: Judge, I really don't know how to answer
the question. I really thought Gary was a decent quy.

JUDGE BENAVIDES: Well, assuming that he was a great
employee ~~

THE WITNESS: All right.

JUDGE BENAVIDES: ~~ do you think that it would be
proper to have curatorships assigned to you and money supplied
to you from a docket of a district judge so that it would help
you keep and support and pay for the employment and salary of
someone on your staff?

THE WITNESS: I would answer yes and no. I would say
that it happens every day in the real legal world, that people
hire --

JUDGE BENAVIDES: In the real world judges ~~

THE WITNESS: No, no. That

JUDGE BENAVIDES: -- judges support: law firms with a
stated goal of giving them money from the court costs in

their

in their cases so that they can keep particular

Cheryl! K Barren, CSR, CM, FORR 713.250.5585



1101

LAED CM/ECF - Live - Docket Report Page 26 of $2

09/17/1996

258

MOTION by plaintiff Lifemark Hospitals for summary judgment
pursuant to Rule 56 on the circumvention claims to be heard before Judge
Porteous at 9:30 a.m. on 10/2/96. (REF ALL CASES) (dp) Modified on
11/20/1996 (Entered: 09/18/1996)

09/17/1996

25

MOTION by plaintiff Lifemark Hospitals for partial summary judgment
pursuant to Rule 56 to be heard before Judge Porteous at 9:30 a.m. on
10/2/96 (dp) (Entered: 09/18/1996)

09/17/1996

260

MOTION by plaintiff Lifemark Hospitals for partial summary judgment
pursuant to Rule 56 to be heard before Judge Porteous at 9:30 a.m. on
10/2/96 (dp) (Entered: 09/18/1996)

09/18/1996

257

MOTION by plaintiff Lifemark Hospitals to withdraw the reference and
to consolidate with respect to its mtn to dismiss the Chapter 11
proceedings of dft Liljeberg Enterprises, Inc. to be heard before Judge
Porteous at 9:30 a.m. on 10/2/96. (REF ALL CASES) (4p) (Entered:
09/18/1996)

09/19/1996

26

Motion by Liljeberg Ent Inc and ORDER withdrawing attomeys,
William Peter Connick & Stephen T. Wimberly & substituting attorneys,
Jacob J, Amato Jr & Leonard Louis Levenson for same is GRANTED by
Judge G. T. Porteous Jr. Date Signed: 9/23/96 (REF 93-1794) (dp)
Modified on 09/25/1996 (Entered: 09/25/1996)

09/20/1996

263

‘Supplemental memo by dif, St. Jude Hospital in response to pla,
Lifemark's reply memo concering pla, Lifernark's mtn for partial
summary judgment. (dp) (Entered: 09/23/1996)

09/20/1996

344

Reply by plaintiff Lifemark Hospitals to memo by df, St. Jude's
n to same’s mtn for summary judgment. (REF 94-3993) (dp)
Modified on 01/13/1997 (Entered: 01/13/1997)

09/23/1996

266

&

Witness list submitted by defendants, Liljeberg Ent Inci & St. Jude
Hospital. (dp) (Entered: 09/24/1996)

09/24/1996

264

MINUTE ENTRY (9/23/96): A Status Conf was held on 9/19/96 ; dft,
Liljeberg was given until 9/27/96 to respond to pla, Lifemark's 3 mtns for
summary judgment, mtn to withdraw the reference & to consoldiate with
respect to its mtn to dismiss the Chapter 11 proceedings; pla's expert
reports are due 10/1/96; dfi’s expert reports are due 10/15/96; dft is given
until 9/27/96 to submit its witness list by Judge G. T. Porteous Jr. (REF
ALL CASES) (dp) (Entered: 09/24/1996)

09/24/1996

265

RETURN OF SERVICE of subps to St. Charles General Hospital,
Meadowcrest Professional Bidg, Doctor's Hospital of Jefferson, Lifemark
Hospitals of LA., Lakewview Regional Medical Center Auxiliary,
Highland Park Hospital, Inc., Northshore Medical Associates, Northshore
Hospital Management Corp; svd 9/23/96. (REF ALL CASES) (dp)
Modified on 09/24/1996 (Entered: 09/24/1996)

09/24/1996

267

Memo in opposition by defendant Liljeberg Ent Inc to motion to
withdraw the reference and to consolidate with respect to its mtn to
dismiss the Chapter 1 proceedings of dft Liljeberg Enterprises, Inc.
{257-1 filed by plaintiff Lifemark Hospitals. (REF 93-1794) (dp)
(Entered: 09/24/1996)

hutps://ecf.laed uscourts.gov/cgi-bie/DktRpt.p!?985087868617914-L,_353_0-1 10/22/2007


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| xeprimand and take disability retirement. I mean, it's —-

CHIEF JUDGE JONES: Well, I understand. I'd accept a
public reprimand and take disability retirement, too,
especially if it I wasn't disabled.

But I guess what I'm saying is that it seems to
me that there was -- you know, you've been ~~ you've realized
the gravity of this matter from back in May when the charge was
filed, because nobody would offer to resign unless they knew
that they were potentially guilty of some very serious
infractions.

So, it just struck me as -~ now, the business
last week, where your attorney resigned, also seems to mé very
difficult to justify from a standpoint of fair dealing with
this Committee, because it appeared to us that you clearly
discussed resignation’ with your attorney and that you had only
two conditions on it at that point in time, which seemed to us
reasonable and acceptable. ‘Then you thought about it for a
weekend, and you decided to prolong things little longer.

JUDGE PORTEOUS: No, I didn't decide to prolong
things, ma'am, 1 decided that ~~ that I didn't -- that all of
my actions may appear ~~ appear wrong, that they're not,
that -- that nothing herein suggests that -- maybe I have
breached a canon now; but I've not violated the laws of this
country, and I've not committed any crime. I'm certainly not

even being alleged to have committed bribery.

Cheryl K. Barron, CSR, CM, FCRR 713.250.5585



983

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870

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT
INREMATTERS INVOLVINGUS. —: WEE no.c7.8 357.008
DISTRICT JUDGE G. THOMAS H
PORTEOUS, JR. .
UNDER SEAL
ORDER

‘This matter coming to be heard upon the application of the United States of America, by
and through applicant Daniel A. Petalas, Trial Attorney, Public Integrity Section, Criminal
Division, United States Department of Justice, for an order compelling the witness, the
Honorable G, Thomas Porteous, Jr, to testify and provide other information as to all matters
about which he may be interrogated in a proceeding before of ancillary to the United States

Court of Appeals for the Fifth Circuit, it is hereby:

ORDERED, in compliance with 18.U.S.C. §§ 6002-6003 and pursuant to 28 U.S.C.
§353, that the witness, the Honorable G. Thomas Porteous, Jr. shall provide testimony and
other information as to all matters about which he may be interrogated in a proceeding before or
ancillary to the United States Court of Appeals for the Fifth Circuit; and that no testimony or
other information that he provides under this order and no information directly or indirectly
-derived from such testimony or other information shall be used against him in any criminal case,
except in a prosecution for perjury, making a false statement, or failure to coruply with this

order.

$co00847


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264

THE WITNESS: My view of ethics is that my friend is
my friend is my friend.

CHIEF JUDGE JONES: Well, I understand that. I'm
afraid to say that’ this -- you know, there —~

JUDGE BENAVIDES: Our view may be ~~

CHIEF JUDGE JONES: -- there's some ethics committees
that are going to have to look at it, I suppose.

‘THE WITNESS: I guess I made -- made a mistake.

CHIEF JUDGE JONES: Well, none of us enjoys being in
this position.

All right, sir. I don't have any other

questions.

‘HE WITWESS: Thank you.

CHIEF JUDGE JONES: “I guess you can be excused.

MR. WOODS: May he be excused, your Honor?

CHIEF JUDGE JONES: Yes, sir.

THE WITNESS: Thank you.

MR. WOODS: It's five after

or it's eleven after
5:00.

CHIEF JUDGE JONES: All right. Well, shall we recess
until tomorrow morning?

JUDGE BENAVIDE:

Could you give us an indication of
how many witnesses do we have left that you intend -~
MR. WOODS: Your Honor, I wanted to discuss a couple

matters with Judge Porteous about stipulating to some grand

Cheryl K. Barron, CSR, CM, FRR 713,250,555



02:28

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470

. I don't like to gamble; but if they found enjoyment in it,
it wasn't mine to question.
Q. Just yours to give?
A. Yes, sir. I gave it to him as a friend.
Q. Yes, sir. Thank you.

MR. WOODS: Pass the witness, your Honor.

CHIEF JUDGE JONES: Well, I had a question,

Mr. Gardner. Did you know -- didn't you know that Creely and
mato, for instance, were giving Judge Porteous money from time
to time?

THE WITNESS: I didn't know that till after all this
came about. I found out that, you know, they were -- I know
that Bob Creely would spend $400 filling up his gas tank to
take everybody fishing.

I'm sorry I didn't like to fish, either; so, I
didn't go on those.

JUDGE BENAVIDES: When were you aware of that?

THE WITNESS: That they gave money?

JUDGE BENAVIDES: Yes.

THE WITNESS: When all of this came about and I
started to hear the rumor mill that surrounded them, saying
that they had given cash or whatever.

JUDGE BENAVIDES: Okay. How about -- how about the
fishing trips and things like that? When were you aware
that -~

Cheryl K. Barran, CSR, CM, FORR 713.250.5585



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476

judge.

I'm talking about as a lawyer, that if I hada
client and I had information like that, that I wouldn't feel
that it was my duty to tell my client or to tell the lead
counsel in the case, who had previously filed motion to recuse
and had not had that particular information in his motion,
which would have triggered at least -~ even if he forgot it -~
a responsibility to advise all counsel that he had received
money from these lawyers in the past, including you, which was
never done. And you're acting like it's no big deal, like ~~
like this is some kind of a culture. I can't understand it. I
can't understand why you're not shocked or ashamed.

I have nothing else. 1

MR. WOODS: Nothing further, your Honor.

JUDGE PORTEOUS: Nothing further, your Honor.

CHIEF JUDGE JONES: All right.

JUDGE LAKE: Thank you, Mr. Gardner. You're excused.

THE WITNESS: Thank you, your Honor.

JUDGE PORTEOUS: The only other witness I had
considered calling is Mr. Petalas, and I specifically wanted to
call Mr. Petalas just to go over a portion of the complaint
that they filed, referencing why they didn't choose to proceed.
I want that — I'd like to make the point. I know it's in the
complaint, but I have some questions with reference to it.
That's all.

Cheryll K Barron, CSR, CM, FCRR 713,250.5585



|: WEDNESDAY.

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1086

LAED CMIECE - Live - Docket Report Page 11 of 52

pla, Lifemark Hosptials of Louisiana & American Medical International
for production of documents [62-1] filed by Liljeberg Ref 93-1794 & 93-
4249 (kh) (Entered: 10/13/1994)

10/14/1994

67

MINUTE ENTRY( 10/14/94): that the motion of Liljeberg to compel pla,
Lifemark Hosptials of Louisiana & American Medical International for
production of documents {62-1} set for hrg on 10/19/94 will be decided
on the brief & is submitted by Magistrate Ivan L. Lemelle Ref 93-1794
(kh) (Entered: 10/14/1994)

10/21/1994

68

MINUTE ENTRY( 10/20/94): ORDER granting in part & denying in
part dft Liljeberg Ent Inc's motion to compel pla, Lifemark Hosptials of
Louisiana & American Medical International for prod of documents [62-
1}. by Magistrate Ivan L. Lemelle (REF 93-1794) (dno) (Entered:
10/21/1994)

10/25/1994

69

MINUTE ENTRY ( 10/25/94): Case reassigned to Judge Stanwood R.
Duval Jr. by Judge Ginger Berrigan (REF: All Cases) (jd) (Entered:
10/25/1994)

1/01/1994

70

MINUTE ENTRY( 10/31/94): Case reassigned to Judge Okla Jones Il by
Judge Stanwood R. Duval Jr. (REF: Both Cases) (jd) (Entered:
11/02/1994)

11/14/1994

7

Joint Min by pla Lifémark Hospitals & dft Liljeberg Ent Inc and ORDER
for protective order limiting disclosure of confidential information as
stip. by Magistrate Ivan L. Lemelle (REF BOTH CASES) (dno)
(Entered: 11/15/1994)

12/06/1994

MINUTE ENTRY ( 12/2/94): Df Liljeberg Ent’s mtns to dismiss the
antitrust and unfair trade practices count ims of Lifemark Hospitals
of LA, Inc. [24-1] & to remand case to Civil District Court, Parish of
Orleans [27-1] & pla Lifemark Hospital's mtn for partial sum jem [32-1]
are re-noticed for 8:30 2/15/95 by ORAL ARGUMENT. by Judge Okla
Jones II (RF BOTH CASES) (dno) (Entered: 12/07/1994)

12/13/1994

T

Min by pla Lifemark Hospitals and ORDER for leave to file suppl &
amended answer to debtor's mtn to assume executory contract. by Judge
Okla Jones II Date Signed: 12/15/94 (REF BOTH CASES) (dno)
(Entered: 12/15/1994)

12/15/1994

4

AMENDED ANSWER by pla Lifemark Hospitals to debtor's mtn to
assume executory contract. (REF BOTH CASES) (dno) (Entered:
12/15/1994)

12/30/1994

7:

Min by atty Jack Stolier and ORDER withdrawing atty same from record
as counsel for Liljeberg Enterprises. by Judge Okla Jones !! Date Signed:
1/4/95 (REF BOTH CASES) (dno) (Entered: 01/05/1995)

01/10/1995

7

cy

‘Notice of Deposition by pla Lifemark Hospitals of John Liljeberg on
1/18/95. (REF BOTH CASES) (dno) (Entered: 01/11/1995)

o1/10/1995

T

Notice of Deposition by pla Lifemark Hospitals of Robert Liljeberg on
1/19/95. (REF BOTH CASES) (dno) (Entered: 01/11/1995)

01/31/1995

7B

MIN by pla Lifernark Hospitals for partial sum jgm to be heard before
Judge at 8:30 3/15/95 (REF BOTH CASES) (dno) (Entered: 01/31/1995)

https://ecf laed.uscourts. gov/cgi-bin/DktRpt.pl?985087868617914-L_353_0-1 10/22/2007


wer nuewone

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12
13
14
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19
20
21
22
23
24
25

880

242

A. Yeah, I would imagine.
Q. But most of the times it was less than that?
A, I can't really -~ I can't really tell you.

Tt has just -~ it's been so long ago and so much
water under the bridge since then, I can't tell you
specifically how many draws we took, how much money wé gave,
and when did we give it to him.

JUDGE BENAVIDES: Al] we need is an amount.

THE WITNESS: It was never an amount that was
astonishing. It was always a couple thousand dollars.

JUDGE BENAVIDES: A couple thousand dollars sometimes
every six months and sometimes every three or four weeks?

THE WITNESS: Yeah, but, I mean, it wasn't a constant
thing. It wasn't, you know, "Look, I expect a check every
Thursday" or Friday for two weeks or anything like that, no.

CHIEF JUDGE JONES: Is that besides the curatorships?

THE WITNESS: I'm sorry?

CHIEF JUDGE JONES: In addition to the arrangement
with the curatorships?

TAE WITNESS: As far ~~ as far as I ~~ I thought they
were all related to the curatorships.

JUDGE LAKE: Well, this is what my question related
to. The event Mr. Woods asked you about concerning the wedding
we learned from prior testimony occurred in 1999, which would

have been five years after Judge Porteous became a federal

Cheryl K, Barron, C5R, CM, FORR 713.250.5585



922

$C00500


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843

207

curatorships, for a portion of the fees that you were being
paid by the Court?
A. Yes, sir.

Q. And how did that

how did he do that?
A. I don't recall how it came about, but it came about. And
he got -- and I can't -- I can't tell you that he got all of
the curator fees that we generated, but he got a good portion
of the fees that we generated from the curators.
Q. What period of time did that cover?
A. T would -~ I would be guessing. And it would have to -- as
I indicated earlier, when I went to the grand jury, they wanted
me to focus on '99 to two thousand -- well, '99 to a period of
time. And I spent a lot of effort trying to focus on that time
period. But as I recall, it would be before 1999. It would
probably be in '98, '97, up in that range.

And the reason that I ~- I put that time frame is
my secretary of 18 years, Diane Lamule, left my employ in 1999;
and she handled all of that.
Q. Okay.
A. So, nothing came after '99 that I'm aware of, that I can

that I can speak to. So, it would have to have been either

‘96, '97, '98, up in ~~ up in that range.

Q. Okay. Keeping in mind that he went on the federal bench in |
194.

CHIEF JUDGE JONES: Don't you mean '88, '89?

Cheryl K Borron, CSR, CM, FCRR 713.250.5585



03

32

SewmirtnHvesune

12
13
14
15
16
17
18
19
20
21
22
23
24
25

836

that he asked you for cash?

A. It was when he was on the district bench.

Q. Okay.

A. I don't know the first time that that occurred, but it did
occur.

Q. Are you aware that he took the state bench in '64 and moved
to the federal bench in ‘94?

A. If those are the dates, then that -~ I would have no reason
to disagree with that.

Q. And when you were asked for cash, was it during the period
when you were partners with Jake Amato?

A. Yes, sir.

Q.° And how did you arrange to provide the cash to Judge
Porteous when he would make the request?

A. Generally speaking, I mean, I don't.want to -~ I can't
specifically tell you each time it happened, but we would take
a draw.

Q. Okay. Explain to the Committee what you mean by "take a
draw."

A. Well, we would -- we would go to our bookkeeper and say, "I
need X amount of dollars. I need money. I need a check.” And
she would give us a check, one for me and one for Jake; and we
would cash the check.

Q. You didn't give —-

A. That -- that would be charged to us as income, and then it

Cheryl! K. Barron, CSR, CM, FERR 713.250.5585



1099

LAED CM/ECE - Live - Docket Report Page 24 of 52

07/17/1996 23

ES

MOTION by plaintiff Lifemark Hospitals for leave to file 3rd
supplemental & amended answer to debtor's mtn to assume executory
contract to be heard before Judge Porteous at 9:30 a.m. on 8/21/96, (REF
93-1794) (dp) Modified on 07/18/1996 (Entered: 07/18/1996)

07/18/1996 235

MINUTE ENTRY (7/17/96): Hrg held this date dismissing the motion by
pla, Lifemark for leave to take the deposition of ptys who have already
been deposed in case [227-1] by Magistrate Joseph C, Wilkinson Jr.
(REF 93-1794 (dp) Modified on 07/19/1996 (Entered: 07/19/1996)

07/19/1996 23

&

Memo in opposition by plaintiff Lifemark Hospitals to motion for partial
sum jgm [146-1] filed by defendant Liljeberg Ent Inc. (REF 93-1794)
(dp) (Entered: 07/22/1996)

07/22/1996 238

Memorandum by defendant Liljeberg Ent Inc in support of same's motion
to continue mtn for leave to take the deposition of ptys who have already
been deposed by pla, Lifemark [232-1]. (RF 93-1794) (dp) (Entered:
07/23/1996)

07/22/1996 23

S

Motion by defendant Liljeberg Ent Inc in 2:93-cv-01794 and ORDER
extending time to provide dft Lifemark Hospital with its final expert
reports is GRANTED by Judge G. T. Porteous Jr. (REF 92-1794) (dp)
Modified on 07/24/1996 (Entered: 07/24/1996)

07/22/1996 240

Supplemental Memorandum by defendant Liljeberg Ent Inc. (REF 93-
1794) (dp) (Entered: 07/24/1996)

08/06/1996 241

MOTION by plaintiff Lifemark Hospitals in 2:93-cv-01794 for partial
summary judgment pursuant to Rule 56 to be heard before Judge
Porteous at 9:30 a.m. on 8/21/96 (REF 94-3993) (dp) (Entered:
08/07/1996)

08/13/1996 242

Notice of Deposition by plaintiff Lifemark Hospitals of John McDaniel
on 9/12/96, (REF 93-1794, 93-4249, 95-2922, 95-3993) (dp) (Entered:
08/14/1996)

08/13/1996 24

Motion by dft, St. Jude Hospital of Kenner and ORDER to continue
motion by pla, Lifemark for partial summary judgment pursuant to Rule
56 {241-1) previously set for 8/21/96 to 9:30 a.m. on 9/4/96 is
GRANTED by Judge G. TT. Portcous Jr. Date Signed: 8/15/96 (REF 94-
3993) (dp) Modified on 08/16/1996 (Entered: 08/16/1996)

08/14/1996 249

Motion by defendant Liljeberg Ent Inc and ORDER to extend time to
respond to pla, Lifemark's mtn for leave of court to file an amended
answer is GRANTED until 8/21/96 by Judge G. T. Porteous Jr. Date
Signed: 8/15/96 (REF 94-3993) (dp) Modified on 08/23/1996 (Entered:
08/23/1996)

08/19/1996 244

Witness list submitted by plaintiffs, Lifemark Hospitals. & AM] (REF
93-1794) (dp) Modified on 08/20/1996 (Entered: 08/20/1996)

08/19/1996 24:

Exhibit list by plaintiff Lifemark Hospitals. (REF 93-1794) (dp)
(Entered: 08/20/1996)

08/19/1996 246

‘Amended Witness list submitted by defendant Liljeberg Ent Inc. (REF
93-1794) (dp) (Entered: 08/20/1996)

hntps://ecf.laed.uscourts.gov/egi-bin/DktRpt.pl?985087868617914-L_353_0-1 1022/2007


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1120

LAED CM/ECF - Live - Docket Report Page 45 of 52

Inc & St. Jude (REF: ALL CASES) (rg) (Entered: 05/16/2000)

05/16/2000

Mail Returned [473-1] order addressed to John Flowers. (REF: ALL
CASES) (rg) (Entered: 05/16/2000)

05/16/2000 479

Memo in opposition by defendant Liljeberg Ent Inc & St, Jude Hospital
to motion for new trial [474-1} filed by plaintiff Lifemark Hospitals, et al.
(REF: ALL CASES) (rg) (Entered: 05/17/2000)

05/19/2000

Mail Returned [475-1] motion & order addressed to John Flowers (REF:
93-1794) (rg) (Entered: 05/22/2000)

05/25/2000 480

Notice of appeal by Lifemark Hosp of LA Inc, Lifemark Hosp Inc, Amer
Med Intl & Tenet Healthcare Corp from Dist. Court judgment {472-2}
entered on 4/26/00. (REF: all cases) (gw) Modified on 05/25/2000
(Entered: 05/25/2000)

05/26/2000 43)

MOTION by debtor Liljeberg Ent Inc & St. Judge Hospital of Kenner to
set add! damages, compel docs & increase supersedeas band to be heard
before Judge Porteous at 10:00 6/21/00, (REF: ALL CASES) (rg)
(Entered: 05/30/2000)

06/02/2000 488

TRANSCRIPT Order Form by plaintiff Lifemark Hospitals for dates:
6/16/97 through 7/23/97. (REF: ALL CASES) (rg) (Entered: 06/19/2000)

06/08/2000 489

Motion by defendant Liljeberg Ent Inc & St. Jude Hospital and ORDER
for leave to file min to supplement & for oral argument; hrg set for
6/21/00 at 10:00 a.m. ; by Judge G. T. Porteous Jr. Date Signed: 7/5/00
(REF: ALL CASES) (rg) (Entered: 07062000)

06/12/2000 48:

Motion by plaintiff Lifemark Hospitals of Louisiana, Inc. for exp hrg on
their mtn to continue the hrg on Liljeberg's mtn to set addl damages,
compel docs & increase supersedeas bond and UNSIGNED ORDER, see
mae. entered 6/14/00. (REF: ALL CASES) (rg) (Entered: 06/14/2000)

06/13/2000 482

Memo in opposition by plaintiff Lifemark Hospitals, Inc., Lifemark
Hospitals of LA, Amer Med Intl, Inc. and Tenet Healthcare Corp to
motion to set addl damages, compel docs & increase supersedeas bond
[481-1] filed by defendant Liljeberg Ent Inc & St. Judge Hospital of
Kenner. (REF: ALL CASES) (rg) (Entered: 06/14/2000)

06/14/2000 48

Motion by plaintiff Lifemark Hospitals to cont hrg on Liljeberg's mtn:to
set addi damages, compel docs & increase supersedeas bond and
UNSIGNED ORDER, see m.e. entered 6/14/00. (REF: ALL CASES)
(rg) (Entered: 06/14/2000)

06/14/2000 485

MINUTE ENTRY (6/12/00): ORDERED that counsel attend a Status
Conf at 10:00 7/5/00, in chambers. FURTHER ORDERED that
Liljeberg's motion to set add! damages, compel docs & increase
supersedeas bond is CONT W/O DATE pending discussions at conf.
[481-1] by Judge Car! J. Barbier for G. Thomas Porteous, Jr. (REF: ALL
CASES) (cg) (Entered: 06/14/2000)

06/15/2000 486

RETURN OF SERVICE of subp upon Liljeberg Enterprises; svd 6/12/00.
(REF: ALL CASES) (rg) (Entered: 06/19/2000)

06/15/2000 487

RETURN OF SERVICE of subp upon Lifemark Hospitals of Louisiana

hitps//ecf.laed uscourts.gov/cgi-bin/DktRpt.p1?985087868617914-L_353_0-1 10/22/2007


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Q. Okay. But you gave the money to Creely to give to him?

A. Yes.

Q. Do you know what precipitated the sending curatorships over
to your law firm? Was that something you normally did at your
firm?

A. We received curatorships from other judges, but I don't
know what precipitated Judge Porteous to send them to us.

Q. Was that your practice that -- one of the areas that —

your practice, that you handled curatorships?

A. Well, I think every young lawyer got curatorships at some
point in his career.

Q. Okay. Do you recall approximately how much money you and
Bob Creely have given to Judge Porteous over the period of time
that you were giving money to him?

A, can't ’be specific on it. I can't -- I really -- I really
can't.

Q. Do you recall telling the grand jury that it was possibly
$10, 0002

A, That's probably about correct.

Q. You did review the testimony this morning?

A, I did.

Q. And did you state that in grand jury?

A. Yes, I did.

Q. Okay. Did there come a period of time when Judge Porteous
asked you personally for money?

Cheryll K Barron, CSR. CM, FOR 713.250.5585



996

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sorazs | 6a | venONA RestauRanr wanavan tt
00 8 a ‘08/12/00 57.50
o1226 | 6a orexony seur’ senve i
Syove0 12696, seeCL, ost 07140090431 08/12/00 22.69 |-
or22e | 65 | sarant Can WASH int WETAIRIE C ~
“00017 1887 van was 08/15/00 43.05 |. =F
01290 | 66 | aurm cunts WweTAIRIE
orraeai0s 000/86 onts/o0] 319.99
or232 | 67 | sa werarete
Cooic2s0, eatin elades ano RESTA 08/17/00, 91.98
01292 | 60 | manuarran i .
“779268208 AMCO GAS’) SERV 90001 08/18/00 27.00
TOTAL FOR ROBERT G EREELY $2,256.66 1.00

$c00466


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vasas Mr, Creely, the witness box is right here, sir.
And, Ralph, if you'd have a seat inside the rail.
JUDGE LAKE: Please raise your right hand to be sworn.
Do you solemnly swear that the testimony you
ose27 shall give in this proceeding will be the truth, the whole

truth, and nothing but the truth, so help you God?
THE WITNESS: Yes, sir.
JUDGE LAKE: Before we proceed, this courtroom is

ear nues ene

large and voices do not travel well. So, please try to speak
03:27 10 |] up and speak directly into the microphone.

n THE WITNESS: May I sit down?
12 JUDGE LAKE: Yes.
2B THE WITNESS: All right, And I -~ I have a hearing

14 |] difficulty, and I apologize. I have a hearing

ovezy 15 JUDGE LAKE: We'll try to speak loudly, as well.
16 THE WETNESS: Okay. Okay. Thank you. I just -~
wv CHIEF JUDGE JONES: Speak up.
18 THE WITNESS: All right.
19 . ROBERT G, CREELY, DULY SWORN, TESTIFIED:

os:27 20 DIRECT EXAMINATION

21 ff BY MR. ROODS:

22) Q. Mr. Creely, would you state your name to the Special
23 | Committee, please.

24 |) A. Yes. Robert G. Creely.

03:27 25] Q. Okay. I want to show you and hand you what is marked as

Chery! K Barron, CSP, CM, FOR 713.250.5585

HP Exhibit 12

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bachelor party at your house. You held our reception at your

house. You entertained all of the out-of-town guests. You did

a lot for my wife and 1.

Q. and that was as a friend?

A. That was.

Q. That wasn't as the judge?

A. No.

Q. The Liljeberg case which you became involved in, you. got

involved, T believe -- and correct me if I'm wrong -~ through

Mr. Wilkinson, Tom Wilkinson?

A. I did.

Q. You spoke with Mr. Mole?

A. I did.

Q. This was after, I believe, speaking with Mr. Wilkinson?

A. Yes.

Q. And what did you tell Mr. Mole about your friendship with

me and how that would affect anything?

A. I think I twice or three times declined representation

because -- I told them -~ they were concerned about, I believe,

you on their case. Because they asked to recuse you and they

weren't successful, and they wanted to have a friendly face.
And they kept.on me. And I told them that I

didn't think that my presence in the case would, in any way

determine the outcome one way or the other, that I thought you

would listen to the evidence and rule accordingly, based upon

Cheryl K Barron, CSR, CM, FRR 713.250.5585



YACOB J AMATO JR

03-13-99 crconeee Ei
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03:30

3:32

03:31

03:32

03:32

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14
15
16
7
18
19
20
21
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23
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199

A, I'm -- if I'm trying to be as close as I can, it would be
‘75.

Q. Okay.

A. ‘76, up in that range.

Q. And formed a partnership with Jake Amato, and it was the
two of you practicing together?

A. Yes, sir.

Q. And what type of law did you practice?

A. ‘Initially, I did real estate work fora good number years.
Then I did domestic work for about ten years. Then I've
started doing personal injury work for the past about ten
years.

Q. Okay. Did there come a time when Judge Porteous, while he
was on the state bench, began to ask you for cash to assist in
his expenses?

A. Yes, sir.

Q. What reason did he state that he needed the money,
initially?

A, Initially -- and we're going back, I mean years and

years ~~ it was various problems, various personal issues that
he needed money for.

Q. Such as?

A, I hate to speculate; but it would be things like tuition,
different things that he needed in his -- in his personal life.

Q. Okay. Do you recall approximately when the first time was

Cheryl K. Barron, CSR, CM, FORR 713.250.5585



2:26

02:26

02:26

02:26

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an.

THE WITNESS: Oh, T knew they went on fishing and
hunting trips; and I didn't inquire as to who paid what or who
sponsored who or if Judge Porteous paid a pro rata share or
bought his shells or bought his transportation. I never asked
anybody about that.

CHIEF JUDGE JONES: Well, when was his son doing an
internship for Judge -- I mean, Senator Breaux?

THE WITNESS: I'm sorry, your Honor. I didn't hear
that.

CHIEF JUDGE JONES: When was Timny doing the
internship for Senator Breaux?

THE WITNESS: Oh, your Honor, the end of '98, '99,
2000, somewhere along there.

CHIEF JUDGE JONES: Well, let me ask you this. You
Were retained because -- you said, by St. Jude, right, the -~

THE WITNESS: Lifemark, yes, ma'am.

CHIEF JUDGE JONES: Lifemark. Excuse me.

And as you know, at that point a motion to recuse
had been denied.

THE WITNESS: When I got in, that had already been
completed.

CHIEF JUDGE JONES: Did the allegations of that -- did
you ever review the motion to recuse?

THE WITNESS: Your Honor, I am so sorry. I'm not

having a good hearing.

Cheryl K Barron, C5R, CM, FRR 713.250.5585



wera Hnewne

10
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Q. Okay. In fact, you've never talked with Carmella Porteous
about paying her bills, did you?
A. No, not really. I mean, she would send her -~ sometimes
she would send bills that she wrote checks for into the office,
and I would just post -- put the postage on them and mail them
for her.
Q. All right. That the judge brought in to mail?
A. Yes, six.
Q. But you never talked to Carmella about paying her bills,
did you?
A, I don't recall. I mean, it was just like I said, the ones
that she sent in. And sometimes she would ask me, “Did Tom
give you the -- give you the bills T sent?"
Q. I want to show you one further exhibit, which is Exhibit
Number 90. And I'11 put this on the Elmo, also. And disregard
that "RD6" because that was the number in the grand jury when
you were testifying, Rhonda .Danos Exhibit Number 6, at your
first grand jury appearance.

This is a check dated —- let me turn it this
way -- this is a check dated April 30th, '01, to Beau Rivage?
A. Yes, sir.
Q. And you've got a notation there that it's for Judge
Porteous?
A. Yes.

@. Do you recall the circumstances of why you paid Beau Rivage

Cheryil K Barron, CSR, CM, FCRR 713.250.5585



944

a
2
he

1999

MAY 5
MAY 26

JUNE 16
JUNE 22
JUNE 29

JULY 7
JULY 24

AUG. 2
AUG. 12

SEPT. 9
SEPT. 13

ocr. 4
oct. 6
ocr. 22

Nov. 5 .
Nov. 10

DEC. 6

DEC. 28
DEC. 29

‘ $c00522


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865

230

A. Yeah.

And you ruled against me, and this court had to
overmle. you. I don't know if you remember that.

Q. Ido remember it. But what I'm saying is that suggests
‘that what you did for me didn't have any influence on if I
thought the position was right or wrong.

A. I did not give you money for anything. And-as you know, I
tried one case in front of you, my first jury trial; and it was
a big to do. Everybody was making fun of me because I
primarily did domestic work. And I tried one jury trial in
front of you on the district bench.

I didn't -~ I had one interdiction that I tried
in front of you. And I believe somebody asked me to go over to
the courthouse because somebody had discharged with a weapon in
Kenner. And you made fun of me in front of the courtroom
because the individual didn't show up and I must have had to
plead him to get him out.

And I said, "Look, I'm leaving."

You said, "You can't leave. You just can't.

And I said, “Well, I'm leaving." Somebody asked
me to do a favor, and the person doesn't even show up; and it
brought laughter to the courtroom.

But I never did ~~ I think I put a consent
judgment on your record in a divorce case, but I don't recall

trying anything in your ~~ in your division, other than those

Cheryl K. Barron, CSR, CM, FORR 713.250.5585



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A. I would assume it probably was, but I can't really tell you
for sure. I don't recall.

Q. And over the years, you paid Judge Porteous’ bills up until
the bankruptcy; and then it -~ then you paid less of the bills
after the bankruptcy. Is that your recollection?

A. The ones that I had at the office, I paid.

Q. The records will reflect that you spent a lot less money
after '01 when he filed bankruptcy. than you did previous years
in paying his bills. 1s that correct?

A. That's correct.

Q. And you were reimbursed for some of the amount, but it
didn't quite meet -- match. Is that correct?

A. I don't understand. What do you mean "for some of them"?
Q. Well, did you keep in your ledger the amount of
reimbursements that Judge Porteous paid you by check?

A. Yes, I did.

Q. And you would match those against the checks you had
written for Judge Porteous?

A. Correct.

Q. Did you ever balance them out yourself?

B. You'mean like if he would have -- wouldn't have given me
enough money to pay one of them?

Q. Yes.

A. J that happened, I don't think it would have happened a

lot of times.

Cherylt K Barron, CSR, CM, FORR 713,250.5565



ONDAY 1 TUESDAY WEDNESDAY
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CHIEF JUDGE JONES: Well, he can't -- Mr. Woods is not
in a position to make that stipulation because Mr. Woods is not
the Justice Department at this point in time. So ~

MR, WOODS: I will was stipulate to the paragraph
that's referenced in the complaint —~

CHIEF JUDGE JONES: In the complaint.

MR. WOODS:

JUDGE LAKE: The record is what it is.

not DOJ's reasons.

CHIEF JUDGE JONES: It is what it is.

JUDGE LAKE: We don't need the best evidence of that.

CHIEF JUDGE JONES: That's fine.

JUDGE PORTEOUS: Well, I just wanted to make it clear
that I intended to call him since you had said they are the
representative of the Justice Department.

CHIEF JUDGE JONES: And they ~~ at this time we would
invite you, Judge Porteous, to make a statement; but I think
the complainant also has the opportunity to make a statement if
they so choose.

MR. AINSWORTH: No, your Honors, we don't choose to.
Mr. Woods and everyone has done an adequate job presenting
this.

CHIEF JUDGE JONES: Let me just make a little
prefatory remark, Judge Porteous, because, of course, this is a
very difficult matter that we're dealing with. It's very

unpleasant to us.

Cheryl! K. Barron, CSR, CM, FCRR 713.250.5585



919



34s

03:46

03:46

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Q. Okay. And which one is that?

A, Well, there was some confusion when we met in preparation
for this about.a particular payment that I thought took -~
occurred in ‘99, And I bélieve I supplied you or Mr. Capitelli
supplied you with deposit slips from the -- when I took a draw.

Tt was an odd nunber. I think’ $1,400 — 1447.
And what that was was a $1,000 draw and a $400 plus expense.
And I deposited both of those into my personal checking
account. I think Mr. Capitelli may have given you those
deposit slips.

So, the question originally was when did you last
do this. and I was either mistaken with my dates -- but the
deposit that I thought went to him in '99, in fact, was
deposited. So, sometime while he was on the federal bench I
did give him funds.

Q. “I think you're relating to the incident concerning two
draws that you and Jake made in May or June of '99, and we had
exhibits to show you, showing a deposit by the judge the next
day. And you're correct, those didn’t match up.

But do you recall telling us -~ and if you would,
tell the Comnittee in your own words. Was there a request to
Jake Amato by the judge, to help him on some wedding expenses,
and that Jake relayed to you and the two of you then funded?

A. Iwas advised, the way I recall, that it was for tuition

expenses. I don't recall wedding expenses.

Cherylt K Barron, CSR, CM, FORR 713.2505585



ozsaa

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485

So, with that, T guess we'll be dismissed.
JUDGE PORTEOUS: I take it the Court is not going to
take, your Honor -
‘THE COURT REPORTER: I'm sorry?
JUDGE PORTBOUS: Post hearing memos?
JUDGE BENAVIDES: No.
CHIEF JUDGE JONES: I don't see the point in it.
OUDGE PORTEOUS: Okay.
CHIEF JUDGE JONES: Thank you.
(End of requested proceedings)
COURT REPORTER'S CERTIFICATION
certify that the foregoing Js a correct transcript fron
the record of proceedings in the above-entitled cause.

Date: November 2, 2007

ey: Barron, CSR, CMR, FCRR

Obtibiat Court Reporeee

Cheryll K Barron, CSR, CM, FORR 713.250.5585



889

251

calendar. And as you explained to us, it's your parking
expenses that you keep mainly, right?

And this is April. And we'll go to the 25th, and
you've got an entry there of $15. Was that your parking
expenses that day?

A. It Could have been the -- could have been parking, could
have been rolls and donuts. It could have been -- you know, I
just don't know.

Q. What's the entry for "Rhonda Danos"?

we ear nne ene

10] A. J don’t know if I had lunch with her that day or not. I

11 |} xeally don't.
12 |] 0. okay. We'll go to your American Express records reflecting
13 a lunch at Commander's Palace. Do you recall that?
1a |] a. 1 don't.

oa:s2 15] Q. Well, let me just ask you. Do you recall getting a copy of
16 |] the judgment from Rhonda Danos on April 25th, the day before it
17 |} was entered on April 26?
18 |] A. No, I don't recall that.
19 |} Q. Do you recall -—~

as:s2 20] aA. 1 recall -~ I recall getting it on the day it was signed.
21 |) 1 don't recali getting it the day before.
22 | Q. Where did you get it?
23] a. I don't ~~ 1 don't know if ~~ if the judge's clerk called
24 |] us and said the judge has signed the judgment or not.. I don't

os:s2 25] recall. I really -- I just don't recall. I mean, you're

Cheryl! K. Barron, CSR, CM, FOR 713.250.5585



1006

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1123

LAED CMECF - Live - Docket Report Page 48 of 52
08/23/2000 506 | MOTION by plaintiff Lifemark Hospitals to continue hrg on plas’ mtn for
proto ; no hrg set. (REF: ALL CASES) (rg) (Entered: 08/24/2000)
08/23/2000 507] MINUTE ENTRY ( 8/22/00 ) In response to Lifemark Hospitals, et al
motion to continue hrg on plas' mtn for proto {506-1}, ORDERED that
Liljeberg Ent's motion for protective order {498-1} & Lifemark Hospitals,
et al, motion for new trial [497-1 is reset for 10:00 9/13/00 w/oral
argument; by Judge G. T. Porteous Jr. (REF: ALL CASES) (rg) (Entered:
08/24/2000)
08/24/2000 508 | Transcript of trial held 6/16/97 before Judge Porteous. Volume I (REF:
ALL CASES) (rg) (Entered: 08/24/2000)
08/24/2000 509) Transcript of trial held 6/17/97 before Judge G. Thomas Porteous, Jr.
Volume II (REF: ALL CASES) (rg) (Entered: 08/24/2000)
08/24/2000 510 | Transcript of trial held 6/18/97 before Judge G. Thomas Porteous, Jr.
Volume IH (REF: ALL CASES) (rg) (Entered: 08/24/2000)
08/24/2000 511 | Transcript of trial held 6/19/97 before Judge G. Thomas Porteous, Jr
Volume IV (REF: ALL CASES) (rg) (Entered: 08/24/2000)
08/24/2000 512 | Transcript of trial held 6/23/97 before Judge G. Thomas Porteous, Jr.
Volume V (REF: ALL CASES) (rg) (Entered: 08/24/2000)
08/24/2000 513 | Transcript of trial held 6/24/97 before Judge G. Thomas Porteous, Jr.
Volume VI (REF: ALL CASES) (rg) (Entered: 08/24/2000)
08/24/2000 514 | Transcript of trial held 6/25/97 before Judge G. Thomas Porteous, Jr.
Volume VII (REF: ALL CASES) (rg) (Entered: 08/24/2000)
08/24/2000 515 | Transcript of trial held 6/26/97 before Judge G. Thomas Porteous, Jr.
Volume VIII (REF: ALL CASES) (rg) (Entered: 08/24/2000)
08/24/2000 516 | Transcript of trial held 6/27/97 before Judge G. Thomas Porteous, Jr.
Volume IX (REF: ALL CASES) (rg) (Entered: 08/24/2000)
08/24/2000 517| Transcript of trial held 7/14/97 before Judge G. Thomas Porteous, Jr.
Volume X (REF: ALL CASES) (rg) (Entered: 08/24/2000)
08/24/2000 518 | Transcript of trial held 7/15/97 before Judge G. Thomas Porteous, Jr,
Volume XI (REF: ALL CASES) (rg) (Entered: 08/24/2000)
08/24/2000. 519 | Transcript of trial held 7/16/97 before Judge G. Thomas Porteous, Jr.
Volume XII (REF: ALL CASES) (rg) (Entered: 08/24/2000)
08/24/2000 $20 | Transcript of trial held 7/17/97 before Judge G. Thomas Porteous, Jr.
Volume XII] (REF: ALL CASES) (rg) (Entered: 08/24/2000)
08/24/2000 521 | Transcript of trial held 7/21/97 before Judge G. Thomas Porteous, Jr.
Volume XIV (REF: ALL CASES) (rg) (Entered: 08/24/2000)
08/24/2000 522| Transcript of trial held 7/22/97 before Judge G. Thomas Porteous, Jr.
Volume XV (REF: ALL CASES) (rg) (Entered: 08/24/2000)
08/24/2000 523 | Transcript of trial held 7/23/97 before Judge G. Thomas Porteous, Jr.
Volume XVI (REF: ALL CASES) (rg) (Entered: 08/24/2000)
09/02/2000 524 | Memo in opposition by St. Jude Hospital of Kenner to motion for new

https://ecf-laed.uscourts.gov/ogi-bin/DktRpt.pl?985087868617914-L_353_0-1 10/22/2007


931

2003
JAN. 15

MARCH 26

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465

trial, you brought us back and you discussed the various
strengths and weaknesses of everybody's side and strongly
recommended on a number of occasions that we get to a dollar
figure.

You stayed the proceedings when we were close and
sent us down to the magistrate, at-which time we discussed
settlement with the magistrate; and’ I think we went on to half
of the next day, discussing settlement at your reconmendation.
And it didn't end in settlement, and you proceeded with the
trial.

Q. That's right.

A. I don't think you wanted to be part of those settlement
discussions.

Q. I didn't, and I wasn't. I didn't know numbers, did I?

A. But you did recommend that there was some avenue to pursue
settlement.

Q. Correct. And during the time period that that case was
under submission, did you, in fact, go with me in -- with a
bunch of people to Vegas-for one of my son's bachelors parties?
A. With 20-plus other people, I did.

|. Lawyers and non-lawyers?

Lawyers and non-lawyers alike.

Did you pay for any of my trip?
Not a penny.

ce)

| Did you give me any money when I was there?

Cheryl K Barron, CSR, CM, FCRR 713.250.5585



1090

LAED CM/ECF - Live - Docket Report ” page 15 of 52

to compel. (REF BOTH CASES) (dno) (Entered: 04/13/1995)

04/18/1995

Mtn by pla Lifemark Hospitals and ORDER expediting its mtn to dismiss
counterclaims & to strike related affirmative defenses or for separate trial
of counterclaims to 5/10/95 at 8:30am. by Judge Ginger Berrigan (REF
BOTH CASES) (dno) (Entered: 04/21/1995)

04/19/1995

120

Notice of Deposition by pla Lifemark Hospitals of Peggy Mire on
4/26/95. (REF BOTH CASES) (dno) (Entered: 04/19/1995)

04/19/1995

12

Notice of Deposition by pla Lifemark Hospitals of Tom Rasor on
4/28/95. (REF BOTH CASES) (dno) (Entered: 04/19/1995)

04/19/1995

12;

8

Notice of Deposition by pla Lifemark Hospitals of Shirley Ellisor on
4127195. (REF BOTH CASES) (dno) (Entered: 04/19/1995)

04/20/1995,

124

MTN by pla Lifemark Hospitals to dismiss counterclaims & to strike
related affirmative defenses or, alternatively, for separate trial of
counterclaims & related affirmative defenses to be heard before Judge at
8:30 5/10/95 (REF BOTH CASES) (dno) (Entered: 04/21/1995)

04/21/1995

128

Motion by plaintiff Lifemark Hospitals for exp hrg on mtn for review of
Mag's order and ORDER that the mtn to review will be submitted on
briefs by Judge Okla Jones 11 Date Signed: 5/2/95 (REF: ALL CASES)
(pck) Modified on 05/03/1995 (Entered: 05/03/1995)

04/24/1995

13

Motion by plaintiff Lifemark Hospitals for exp hrg and ORDER that ple's
toin for partial sum jgm will be submitted on briefs only by Judge Okla
Jones If Date Signed: 5/2/95 (REF: BOTH CASES) (pck) (Entered:
05/03/1995)

05/02/1995

12:

Memorandum by defendant Liljeberg Ent Inc in opposition to Lifemark's
ttn for exped hrg on its 2nd mtn for partial sum jgm (REF: BOTH
CASES) (bb) (Entered: 05/03/1995)

05/02/1995

126

‘Memo in opposition by defendant Liljeberg Ent Inc to motion of
Lifemark to dismiss counterclaims & to strike related affirmative
defenses or, alternatively, for separate trial of counterclaims & related
affirmative defenses [124-1] filed by plaintiff Lifemark Hospitals (REF:
BOTH CASES) (bb) (Entered: 05/03/1995)

05/02/1995

127

Reply memorandum by defendant Liljeberg Ent Inc to pla's memo in
support of mtn for review of Mag’s order (REF: BOTH CASES) (bb)
(Entered: 05/03/1995)

05/03/1995

12!

8

MOTION by plaintiff Lifemark Hospitals for review of Mag's order issd
on 4/12/95 to be heard before Judge Jones on briefs (REF: ALL CASES)
(pck) (Entered: 05/03/1995)

05/03/1995

130

MOTION by plaintiff Lifemark Hospitals for partial summary judgment
to be heard before Judge Jones on briefs (REF: ALL CASES) (pck)
(Entered: 05/03/1995)

05/04/1995

133

Mun by pla Lifernark Hospitals and ORDER for leave to file supp! memo
in support of its mtn to dismiss counterclaims & to strike. by Judge Okla
Jones Il (REF BOTH CASES) (dno) (Entered: 05/11/1995)

https://ecf.laed.uscourts.gov/cgi-bin/DktRpt.pl?985087868617914-L_353_0-1 10/22/2007


1097

LAED CMECF - Live - Docket Report Page 22 of 52

04/22/1996

21

Motion by plaintiff Lifemark Hospitals and ORDER for expediting hrg
on same’s mtn for reconsideration & for partial summary judgment is
GRANTED && set for 6/12/96 at 9:30 a.m. by Judge G. T. Porteous Jr.
Date Signed: 5/9/96 (dp) Modified on 07/11/1996 (Entered: 05/10/1996)

04/29/1996

21

Motion by plaintiff Lifemark Hospitals and ORDER for appearance of
Kenneth Anthony Mayeaux as additional counsel for same is GRANTED
by Judge G. T. Porteous Jr. Date Signed: 4/30/96 (REF 94-3993) (dp)
(Entered: 05/02/1996)

05/10/1996

214

ORDER rescheduling motion by dft, Liljeberg Enterprises for partial sum
igm [146-1] & the motion by dft, Liljeberg Enterprises by for partial sum
|jgm [147-1] previously set for 5/16/96 to 6/12/96 at 9:30 a.m. by Judge
G. T. Porteous Jr. (REF ALL CASES) (dp) Modified on 07/11/1996
(Entered: 05/10/1996)

05/10/1996

2

a

MOTION by plaintiff Lifemark Hospitals for reconsideration and for mtn
for partial summary judgment to be heard before Judge Porteous at 9:30
a.m. on 6/12/96, (REF 93-1794) (dp) (Entered: 05/10/1996)

05/15/1996

217

Motion by defendant Liljeberg Ent Inc and ORDER for appearance of
Stephen T. Wimberly & William Peter Connick as additional counsel of
record for same is GRANTED by Judge G. T. Porteous Jr. Date Signed:
5/16/96 (REF 93-1794, 93-4249, 95-2922) (dp) Modified on 05/17/1996
(Entered: 05/17/1996)

05/29/1996.

ai

S

Motion by plaintiff Lifernark Hospitals and ORDER withdrawing
attorney John Flowers r for same is GRANTED by Judge G. T. Porteous
Jr. Date Signed: 6/3/96 (dp) (Entered: 06/05/1996)

05/30/1996

218

Memo in opposition by defendant Liljeberg Ent Inc to motion for partial
sum jgm [146-1] filed by plaintiff Lifemark Hospitals. (REF ALL
CASES) (dp) (Entered: 05/30/1996)

06/07/1996

2

Motion by plaintiff Lifemark Hospitals in 2:93-cv-01794 and ORDER
for leave to file reply brief to dit's memo in opp to same's mtn for partial
summary judgment is GRANTED by Judge G. T. Porteous Jr. Date
Signed: 6/10/96 (dp) Modified on 07/23/1996 (Entered: 06/11/1996)

06/10/1996

220

‘ORDER re- setting motion by pla, Life Mark for reconsideration and for
mtn for partial summary judgment [216-1} motion by df, Liljeberg for
partial sum jgm (146-1] ; motion by pla Life Mark to strike jury demand
[138-1] to 9:30 a.m. on 6/25/96, w/oral argument by Judge G. T.
Porteous Jr. (REF 93-1794) (dp) Modified on 07/11/1996 (Entered:
06/11/1996)

06/10/1996

22;

8

Reply by plaintiff Lifemark Hospitals to opp by dft, Liljeberg
Enterprisest to same’s motion for reconsideration and for mtn for partial
summary judgment (216-1) (4p) (Entered: 06/11/1996)

06/19/1996

223

RETURN OF SERVICE of supbs to Lifemark Hosptials of LA; svd
6/18/96. (dp) (Entered: 06/19/1996)

06/25/1996

224

‘ORDER setting motion by pla, Life Mark for reconsideration and for mtn
for partial summary judgment [216-1} previously set for 6/25/96 to 9:30
a.m. on 6/28/96 by Judge G. T. Porteous Jr. Date Signed: 6/24/96 (dp)

jiips:i/ecfJaed.uscourts.gov/cgi-bin/DktRpt-pl?985087868617914-L_353_0-1 10/22/2007


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1076

LAED CM/ECF - Live - Docket Report SC EXHIBIT - 00082 Page 1 of 52

BKCY, CLOSED, MAG-2, MASTER, PROTO

U.S. District Court
Eastern District of Louisiana (New Orleans)
CIVIL DOCKET FOR CASE #: 2:93-cv-01794-GTP

In Re: Liljeberg Ent Inc, etal v. Date Filed: 06/01/1993
Assigned to: Judge G. Thomas Porteous, Jr Date Terminated: 12/06/2002
Demand: $0 Jury Demand: None

Member case: (View Member Case) Nature of Suit: 423 Bankruptcy
Case in other court: Bankruptey Court, 93-10295 Withdraw!

‘Cause: 28:0157 Motion for Withdrawal of Reference Jur ion: Federal Question

Plaintitt

Lifemark Hospitals, Inc. represented by Gary Ruff
Tenet Healthcare Corp,, Inc.
Senior Counsel
13737 Noel Rd.
Suite 100
Dallas, TX 75240
469-893-2582
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Joseph Nicholas Mole
Frilot LLL.C.

Energy Centre

1100 Poydras St.

Suite 3600

‘New Orleans, LA 70163-3600
(504) 599-8000

Email: jmole@fritot.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Moise S. Steg, Jr.
Steg Law Firm, LLC

Place St. Charles

201 St. Charles Ave.

Suite 3201

New Orleans, LA 70170
(504) 582-1199 :
Email: msteeg@steeglaw.com
TERMINATED: 03/18/1996
LEAD ATTORNEY

Don Carsten Gardner

Don Gardner, Attomey at Law
6380 Jefferson Hwy. *
Harahan, LA 70123

(504) 737-6651

huips:ecf.laed.uscourts.gov/cgi-bin/DktRpt.pI?985087868617914-L_353_0-1 1022/2007
HP Exhibit 50


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questioned the witness about statements made.

We think that this Committee is charged with
gathering all the evidence it can to make a proper decision,
and that's a part of the evidence that the Department of
Justice gathered and provided to this Committee under court
order, disclosing the grand jury testimony to the Committee for
its use. We feel that the Comittee should be able to make use
of that.

Judge Porteous had a right and.an opportunity to
cross-examine witnesses fron about their statements.

JUDGE BENAVIDES: And Judge Porteolls is also aware of
the grand jury testimony; in other words, before he
cross-examined those witnesses, he was -~ their grand jury
testimony had been made available to him?

MR. WOODS: Tt has been made available to him. fie has
copies of all of it,, and he's made several references during
the course of this hearing to the testimony that he has
reviewed.

CHIEF JUDGE JONES: And his counsel was actively
involved during the course of the grand jury?

MR. WOODS: His first counsel, Kyle Schonekas,
appeared at grand jury and instructed Clyde -- Claude Lightfoot
not to answér certain questions, and then a court order had to
be obtained on the crime fraud exception to allow that

testimony.

Cheryl K. Barron, CSR, CM, FORR 713.250.5585



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JUDGE BENAVIDES: And you remember one time that it
was $2100?

‘THE WITNESS: Yes, sir.

JUDGE BENAVIDES: And, then, you also said a little
while ago that it was infrequent or very few occasions that he
would pay you in cash for what he owed you?

THE WITNESS: Well, it was a minimal bill. If it was
only, like, a few hundred dollars, maybe he would give me ~~ he
would give me cash.

JUDGE KENAVIDES: I have no further questions.

CHIEF JUDGE JONE:

: Ms. Danos, did you see the
summaries that the FBI agent prepared based on your bank

records?
THE WIINESS: Yes, I did.
CHIEF JUDGE JONES: Of your income and your
expenditures?

THE WITNESS: Yes, ma'am.

CHIEF JUDGE JONES: Now, remembering that you are now
testifying under immunity, as opposed to when you were before
the grand jury, could you explain to us where these
extraordinary amounts of cash, 40,000 or 30,000'a year, were
coming from?

THE WITNESS: Well, as I recall in.what I read on the
transcripts, I think they said, like, 110,000. After I had

gone before the grand jury, I went. through my check register

Cheryl K Barron, CSR, CM, FRR 713.250.5585



871

ORDERED, in accordance with Rule 6(e) of the Federal Rules of Criminal Procedure,
that the United States’ application for immunity be sealed, except that a certified copy shall be
provided to Daniel A. Petalas, Trial Attomey, Public Integrity Section, Criminal Division, U.S.

Department of Justice.

DATED this, 5¥ day of QaeLer-, 2007.

‘UNITED: oe CIRCUIT JUDGE

SCons4g


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Q. All right. You and I have been friends for what?
Thirty years?

A. More like 35 plus.

Q. All right. And it's been established in the grand jury
that during my state court days, either as a judge or as a DA,
that monies were given to me. Is that correct, that you have
giving me money?

A. That I've given you money?

Q. (Nodding head) .

A. Yeah.

Q. And you estimated that to be 3,000?

A. Probably less than 3,000.

Q. All right. And was that just me coming up and whining you
or how did —- you know, just different times?

A. When we were practicing lawyers, we were Christmas shopping
for the wives; and I believe that you had bought a gift and you
were short. And you asked me if I had some money on me. You
wanted to buy some glasses -- glasses, and I think I gave you
some money then.

At various times, you'd asked me for this or that
when we were out either eating or drinking and I'd advance it
to you or give it to you. I did so as a friend.

Q. And I had parties for you. I think you even mentioned
that.
A, You had lots of parties for me. I believe you held my

Cheryl K Barron, CSR, CM, FCRR 713.250.5585



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THE WITNESS: Well, seven years ago.

CHIEF JUDGE JONES: But, basically, the amount of cash
deposits that they list for you for the year 2000 is, like, 13,
15 -- well, it's a total of 20 some thousand dollars, 13,000 of
which are -- these are deposits from Judge Porteous —- but
21,000 in cash for one year and something like 50,000 for
another year.

THE WITNESS: In cash just for him?

CHIEF JUDGE JONES: No. This is in 1999, total cash.
So, that's a lot of money.

THE WITNESS: Well, I don't have the breakdown in —

CHIEF JUDGE JONES: Your sons must have been pretty
well paid?

THE WITNESS: I don't have the breakdown in front of
me, but they gave me a copy.

CHIEF JUDGE JONES

So, you -- and you looked that
over and compared it with your records?

THE WITNESS: Yes, ma'am.

CHIEF JUDGE JONES: Well, I'm just -- you know, so,
how much were your sons making at this time, now that you
recall?

THE WITNESS: I have no idea; but like I said, I think
my attorney has the copy of it.

CHIEF JUDGE JONES: Did you get any money from any

lawyers, in cash?

Cheryl K Barron, C5R, CM, FRR 713.250.5585



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Q. Do you recall when you got on that case?
A. No. I know it was in the mid Nineties, but I don't know --
Q. Okay. If I refresh your memory as to certain dates, that a

motion to recuse was filed in October of '96 -~

A. Okay.

Q. -- and that the docket entry reflects you entered the case
in September, '96 -~

A. All right.

Q. -- does that refresh your memory?

A. No. But I have no reason not to believe that those dates
are correct. That sounds about right.

Q. Do you recall that Joseph Mole, the attorney for the other
side, the Tenet subsidiary, filed a motion to recuse, basically
stating that your relationship with Judge Porteous, along with
Lenny Levenson's relationship with Judge Porteous, created an
appearance of impropriety and that the judge should recuse
himself?

A, I recall that there was a motion to recuse filed by Joe
Mole asking that Judge Porteous be recused, yes.

Q. Did you, during the pendency of that motion or at the
hearing on the motion, relate to the other side or ask the
judge to relate to the other side that you had given cash to
the judge previously?

A. No.

Q. Was there any mention at any time during the pendency of

Cheryl K. Barron, CSR, CM, FORR 713.250.5585



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SC00485 on Exhibit 17.
A. Okay.
Q. Now, if I may, I'm going to put this up.
Is this the list of the dates that you had lunch
with Judge Porteous?
A. Right.
Q. And we're looking at the year 2000?
A. Uh-huh.
Q. And the judgment was entered on April 26. Do you recall
that?
A, I'm sure that that's correct.
Q. Okay. I want to then also refer to your calendar that —-
where you had lunch with Rhonda Danos. And you have got a
separate sheet in here relating to her, right, as -- for that?
T want you to refer to your calendar here. Did
you have lunch with Rhonda Danos on April the 25th, 2000?
And if you would, look at your calendar for
Ppril. This is Bates Nunber SC00512.
A, I think I'm looking at the wrong -~ wrong thing.
Q. It would be April --
A, That's April.
Q. == 25th.
A. Okay. It doesn't -~
Q. Let me put this up on the Elmo.
And can you explain -~ you keep a fairly detailed

Chery!l K. Barron, C5R, CM, FOR 13,250.5565



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CHIEF JUDGE JONES: No, but you may be getting your
friends into.a lot of trouble the further this goes.

JUDGE. PORTEOUS: Well, ma'am, I don't know that. Brat
again, these are all issues that I guess I've looked at and
decided to go forward.

I don't think -- I mean, the resolution sounds
Like an awful compromise, which in most litigation it isn't
even part of a record. It just didn't come to pass in this
matter. That's the only answer I can give you.

CHIEF JUDGE JONES: Well, all right. I mean, you -—
as somebody said, you do what you think you have to do and
we'll do what we think we have to do.

But I -~ but I do hope that you will consider im
the recesses of your conscience that it is not a good thing for
the judiciary that -~ if these charges bear out, amounting to
essentially bankruptcy fraud, repeated filing of false
statements under oath, and accepting gratuities from lawyers
who are appearing before you in very significant cases, whether
they're your best friends or not, that that isn't going to cast
dirt on all the rest of us.

And it's going to cast a long shadow for a long
time. And, you know, we will live with that; and we will all
have to move forward. But it is -- it is no fun to be involved
in a proceeding where all of our reputations are going to be
tarnished.

Cheryl! K Barron, CSR, CM, FORR 713.250.5565



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that case that you had given cash’to the judge?
A. (No response) .
Q. By “mention,” I mean to -~ the other side or on the record
anywhere ~~
A. No. No, I didn't mention that I had given cash to the
judge at any time during the pendency of this.
Q. Do you recall the case being tried in June and July of '97
before the bench?
A. Yes. That sounds -- I can't recall the exact dates, but
that sounds about right.
Q. Okay. And, then, do you recall the case -- the judgment
being entered on April 26,. 2000?
A. I knew it was some period of time after the case was tried
that the judgment came out.
Q. Approximately three years. Is that correct?
A. Could well have been.
Q. And during that period from '97 to 2000, did you give the
judge cash?
A. I've testified before that I gave him cash for the -- his
son's wedding,
Q. And was that disclosed to the other side?
A. No.

JUDGE BENAVIDES: But you had given him cash -- the
1990 -~ the boat trip was in '997

THE WITNESS: Right.

Cheryll K Barron, C5R, CM, FCRR 713.250.5585



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JUDGE PORTEOUS: Okay. TI don't have any questions.
JUDGE BENAVIDES: I have some questions along that
line.

Would he pay you in anything other than a check?
THE WITNESS: Sometimes.
JUDGE BENAVIDES: Was that frequently or infrequently?
THE WITNESS: I wouldn't say it was frequently, no.
JUDGE BENAVIDES: Would you say that that would be a

small amount or large amount over time?

THE WITNESS: Really, it's kind of hard to -- hard
to -- sometimes he would bring a -~

JUDGE BENAVIDES: Do you think it would be -~

‘THE WITNESS: -- he would bring a check to —~

JUDGE BENAVIDES: Do you think that more -~ that, for
instance, in terms of the times that you wrote checks for him
and made notations that it was for one of his accounts or

whatever, that it would be -- that the cash payments that he

might have made to you for -- for what he owed you exceeded a
thousand dollars in cash, that you réceived from him in: cash?
THE WITNESS: Very few times I remember ever

getting --
JUDGE BENAVIDES: Okay.
THE WITNESS: -- cash over a thousand.

JUDGE BENAVIDES:. Okay. Wouldn't have -~ so, you

Cheryl K Barron, CSR, CM, FORR 713.250.5585



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20
2a
22
23
24
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1044

401

admitted into evidence as Exhibit Number 40, which is an
application and an order for inmunity for you.

You've been provided a copy of that prior to this
morning. Is that correct?
A. T think my attorney has that.
Q. Okay. And you understand that anything you say here cannot
be used against you in any proceeding unless you state
something that is false or untrue and then you could be
prosecuted for false, statements or perjury?
A. Yes, sir.
Q. And your attorney, Pat Fanning, is present in the
courtroom?
A. Yes, sir, he is.
. Okay. Where do you presently work?
A. For Judge G. Thomas Porteous, Jr.
Q.° And how long have you worked for him in the federal system?
A. In the federal system, 13 years.
Q. And in the state system, when did you start working for
him?
A, Ten. years prior.
Q. So, 23 years you've been with Judge Porteous?
A. I believe so.
Q. Okay. Do you have -- or in the past, prior to the filing
of the bankruptcy, did you pay Judge Porteous" bills for him?

A. Yes, sir, I did.

Cheryl! K Barron, CSR, CM, FORR 713.250.5585



17:16

12:36

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wouldn't have exceeded a thousand or 2,000 dollars?
THE WITNESS: TI think only one time that I can recall
it might have been, like, $2100. And that was ——

I got
after looking through things for this investigation, I recall
finding something where I think it was payment for two markers
that might have been on a credit card, that he evidently must
have won. So, rather than him keeping the money, he gave it to
me to hold so that when the bills came in I would have the
money. So, I just put it in my checking account because I knew
the bills would-be coming in shortly.

JUDGE BENAVIDES: But in terms of reimbursing you for
the checks that you wrote for him or at his request, for his
account or for his wife's account, if that occurred, that --
over that period of time that you did it, it wouldn't have been
more than that, $2100 or $3,000 of the payments?

THE WITNESS: At one time?

JUDGE BENAVIDES: No. Over the period of time.

JUDGE LAKE: Total.

_ JUDGE BENAVIDES: Other than cash -- other than
checks -~ other than checks to reimburse you for what you paid
for -~

THE WITNESS: Okay.

JUDGE BENAVIDES: -- where we're just talking about
cash, you've reflected one time that he may have given you
$2100 in cash?

herylt K Barron, CSR, CM, FORR 713.250.5585



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A. Once.

Q. And when was that?

A, Tt was on a fishing trip right before -- or right after one
of his sons was -- was to be married or was married. And he
asked me if I could help him out because the bride ~~ he
invited too many guests to the wedding and could I help him
with the wedding arrangements.

Q. Okay. Where were you when that request was made?

A. We were sitting on -~ standing on the bow of Mitch Mullin's
boat between Grand Isle and Lafitte.

Q. Why is it that you remember those specifics like that that
you related to the grand jury?

A. Because I had my calendar and that was the -- there was a
notation that we went fishing that day and that was -- that
that was how I remembered that.

Q. All right. Was Judge Porteous emotional when he made the
request?

A. Yes.

Q. Would you tell the Committee what you observed?

A, I think he was intoxicated, and I think he was somewhat
enbarrassed to ask me and was to the point of -~ I don"t want
to say "tears," but I would say he was very emotional about how
‘the wedding had really set him back and he needed to do
something to correct it.

Q. Okay. And what did you do pursuant to that request?

Cheryl K Barron, CSR, CM, FOR 713.250.5585



964

i
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me | OS |
scx" | os. mer tno tay set owns cote
‘CARD NUMBER
298203 pavwehT RECEIVED = THaM vo) 07/22 3,406.22
501202 1| rg pau me conection, vew a
Foon ae beven @x721/99| 22.05
soizos | 2 | TREY YUEN MANDEVILLE
Boge r000, 00, Bevenaie 7/20/09] 40.09
so120e| 3 exxow ver |
3 FUEL /wrsc_ 2957452252 07/22/00 45.00 5150
sorzos | | senoutnass Wh ff
ie Seigubage’ger2v0r Fonoysevenace 07/42/00 29.00
20a} 5
wGiatoigne f0op/eevEneae orfarres| 19.97
sort0a | 6 | exon coWDANY USA. GRETNA 150
exnon EUEL/MISE gsbrssaaa7 o7/27/99 40.20 5
sorzon | 7 | nike Rbses, ERY.
‘ | 001798982, FOOD/ orf81/99| 20.78
soizio | a | SALAD Sad che rannE UA
$ibo01827;¢ Fo0 so beve o1/29/99| 37.50
sow | 9 ffs
SepgeAvOdS. EATING PENCES. RESTaURAN 7/29/90] 26.25
sorais | 10] me Paacine COnmweriow new Gneane LA
ge “Seyosvo0} 54.81
sorzie | 13 J omrrovers Fyn newonceans OCR
‘Ss reze09% 00 osjoz/os| 45.82
12 | semouinacs iis
Kspnoso"s012/01 Feooyncyenace 00/63/99] 47.66.
1a | eam son 2
SoiTe04s E000/86V" osyes/99} 32.92
ra | rive wareinesscnerm new onteas OCR
1S | AOL *SERVIC BEY g88-265}9269 bach allel 62.59
1s | aot fsenvice 2054
‘Soazdr662. on 08/07/99 | 21.95 + SY SO
we | uifyie Torro aes tauRNETAIRIG ;
abeazoan Fo0d/sevE RACE ovffers9] 120.27
ova | 7 SILKY
oara6e0 F000 oeyiores| 29.54
ovaza | 30 | curnese kt rwew oncans OLR
sagno026. F000 /eeveRAGE osriossa| 25.80
ovzza | 191| eneScenr erry Brice Rew ORLEANS La
10688 FOOD" AND BEVERAGES “" 09/12/99] 30.06 |.
raze | 20 | cneSeent erty DRUGE Ew ORLEANS U
‘ose "ND RevERAGE NS" 08/12/98] 242.03
araza | 21 | crescent eft tnmee Rew ORLEANS LA
no, Seve ooyy2/09| 29.64
oraze | 22 sane X
‘22091088. F 0007 BEVERAGE oarta/99| 30.99
razz0 | 23 cHaRLies s¥eaR MOUSE NEW ORLEANS LA
ahve 192068 81.60
piaze | 24 xvoro. ine new onudans a
588095 FOUN /AEVERACE oayts/oa] 38.15
nraz0 | 25] so8Senns nacbueK “GneNA A
70083 osftr/99| 156.59
vias | 26 new ones 8a!
erg iotabes coo eevenece oavizes} 23.17
nao | 2 ‘ca WASH RANEY n
2062129 TOWING SRVS os/i7/99| 26.05
TOTAL FOR JACOB 4 AtATO JR $9,384.70
ccano numer
vyace | 28] 0320, yerrenson say wanna .
iobotaaasszezs250560%6 07/20/99) 4,47 |- SISO
snz02 | 28 | macs" conpany
Mot 2693008 F000 /SeVERaEE orfao/90| 15.80
vaca | 30 SHINGO 5210
‘SooseTo09 coospaccoostreacmeeLy, o7/21/99] 83.93 |~ D
1203 | 31 | wrhwens Or HARAHAN. HARAKAN a
91135431 rog0/sevenace orfa99] $5.33
y20 | 32 | 1700 mieKOAv” AVE new ORLEANS a 30
Texacd,  sadseeaztvacoaaegusen79 07/22/90] 29.00 FSI
r20e | 23} rock W Saxe
090803 186 wes TavRA on/az/s9| 97.70
i200 | 94] cwina Bout MARVEY ff
01080012 Fo00/Se VERA o7/32/99| 38.90
1205 | 95 | onaco: neTAIRIC fey
‘091250041 F090/86V o7f29/99| 199.95
‘1206 36 | CAFE GIOVANNI ’S: New ORLEANS ry
‘808 8918 FO00/BEVERACE orfaa/o| 149.14

$000434


me ~


1106

LAED CM/ECF - Live - Docket Report Page 31 of 52

(REF ALL CASES) (dp) (Entered: 11/05/1996)

11/07/1996

31

MOTION by dit, St. Jude Hospital of Kenner, LA. Inc. under all writs act
to require Lifemark Hospitals, Inc. to cause unsealing of record of civil
aciton agst Jones, Walker, Waechter, et al and for alternative relief to be
heard before Judge Porteous at 10:00 a.m. on 11/27/96. (REF ALL
CASES) (dp) Modified on 11/26/1996 (Entered: 11/26/1996)

11/07/1996

318

ORDER that the motion by dft, St. Jude under all writs act to require
Lifemark Hospitals, Inc. to cause unsealing of record of civil aciton agst
Jones, Watker, Waechter, et al and for alternative relief [316-1]
previously set for 11/27/96 is REET to 9:00 a.m. on 12/18/96 bft Judge
Fallon w/oral argument is GRANTED by Judge Eldon E. Fallon Date
Signed: 11/26/96 (dp) (Entered: 11/29/1996)

11/13/1996

35

MINUTE ENTRY (11/12/96): Hirg on Lifemark's motion to compel
payment of audit costs (282-1) is dismissed as moot by Magistrate Joseph
C. Wilkinson Jr. (REF: all cases) (gw) (Entered: 11/13/1996)

11/19/1996

317

Memo in opposition by plaintiff Lifemark Hospitals to motion under all
writs-act to require Lifemark Hospitals, Inc. to cause unsealing of record
of civil aciton agst Jones, Walker, Waechter, et al and for altemative
relief (316-t] filed by dft, St. Jude. (REF ALL CASES) (dp) Modified on
11/26/1996 (Entered: 11/26/1996)

11/25/1996

319

MINUTE ENTRY (11/25/96): ORDER that the Mtn by df, St. Jude
under all writs act to require Lifemark Hospitals to cause unsealing of
record of Civil Aciton agst, Jones, Walker, et al & for altemative relief is
CANCELLED & is referred to Sec "L” Judge Fallon for disposition & to
be reset at a later date & the mtn for oral argument filed 11/7/96 is
referred to Sec “L" by Judge G. T. Porteous Jr. (REF ALL CASES) (dp)
Modified on 11/29/1996 (Entered: 11/29/1996)

12/04/1996

321

5

MOTION by defendant Liljeberg Ent Inc to amend order entered
11/29/96 and alternatively for relief from order to be heard before Judge
Porteous at 10:00 a.m. on 1/8/97. (REF 93-1794) (dp) (Entered:
12/09/1996)

12/11/1996

32

MINUTE ENTRY (12/10/96): The record shall hereby reflect that the
notation "upon the consent of all ptys” which was made in the minute
entry of 11/25/96 was done to note the ptys consent to the Court's acting
on its own mt and is in no way an indication that any of the ptys
acquiesce to the mtns filed by any of the other ptys or waives any other
objections filed to date by Judge G. T. Porteous Jr. (dp) (Entered:
12/11/1996)

12/11/1996

&

32

MOTION by plaintiff Lifemark Hospitals for entry of preliminary
injunction of for alter relief to be heard before Judge Porteous w/ORAL
ARGUMENT at 10:00 1/22/97 Ref all cases (kh) (Entered: 12/31/1996)

1211/1996

32

Motion of Lifemark Hospital and ORDER Granting ORAL
ARGUMENT ON their mtn for entry of prelim inj or for alter relief; set
1/22/97 at 10:00 a.m.by Judge G. T. Porteous Jr. Date Signed: 12/30/96
Refall cases (kh) (Entered: 12/31/1996)

1217/1996

322

Motion by defendant Liljeberg Ent Inc and ORDER for expediting hrg on

https://ecf.laed.uscourts.gov/cgi-bir/DktRpt.p!?985087868617914-L_353_0-1 10/22/2007




12:09

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402

Q. And why did you do that?

A. Well, lots -- sometimes he just didn't bring a check into
the office and he -- I just did it as a convenience.

Q. But he brought the bills into the office. Is that correct?
A. Yes.

Q. But he didn't bring a check, and then you wrote checks?

A. Yes, I did.

Q. And you got reimbursement for some of the checks from Judge
Porteous. Is that correct?

A. Yes.

Q. And you tried to keep count of it in your ledger?

A. Yes, I did.

Q. All right. Did you have -~ let me show you what has been
already in evidence as Exhibit Number 29, Bates stamped 619.

If you'll look at that for a second, and then I'm going to put
it up on the screen.

A. Okay.

Q. This is out of Exhibit 29, Bates stamped 619. This appears
to be two copies of the same check. Is that your check?

A. Yes, sir, it is.

Q. And you make a notation on it on March 23rd, '01, in the
amount of 1,088.41, that it's for Carmella Porteous?

A. Yes, sir.

Q. Okay. Who asked you to write that check?

A, I'm assuming that the judge did.

Cheryl K Barron, CSR, CM, FORR 713.250.5585



962

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lien aed
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so201 | 66] wines OF nanan nanan vy
Sto eo"PObu/evenace arvieres} 16.98 :
TOTAL FOR RORERT 6 EREELY $3,900.42 $00,

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= $25.82 Es $80.41

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1068

425

THE WITNESS: He's got two law clerks that do the
judgments and stuff. .

CHIEF JUDGE JONES: So, they do -~ well, it wasn't
just a judgment. There was an opinion, wasn't there?

THE WITNESS: The law clerks -~

CHIEF JUDGE JONES: Had to be findings and conclusions
from a bench trial.

THE WITNESS: The law clerks do all of that.

CHIEF JUDGE JONES: So, you don't do any business
related typing for the judge?

THE WITNESS: Yes, I do; but the court related
decisions and stuff, the law clerks do that.
BY MR. WOODS:
Q. At any rate, you delivered a copy of the opinion to Jake
Amato?
A. But I don't recall it being at Commander's Palace. If I'm
not mistaken, I think Ricky and I had lunch with he and Debbie
at Beef Connection on the West Bank. I don't remenber it being
Commander's Palace.
Q. At-any rate, you delivered it to him?
A. Yes, I did.
Q. Okay.

MR. WOODS: Thank you.

Na further questions.

JUDGE BENAVIDES: Did you deliver a copy to any other

Cheryl K Barron, CSR, CM, FORR 713,250.5585



12:24

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attorney has the breakdown, which I went ahead and -- for that
entire year. Now, insofar as whether or not ~~ how much was
cash and how mich were checks, I mean, that's not indicated in
my checkbook. I mean, I really don't remenber the exact amount
I would have received in cash.

CHIEF JUDGE JONES: Well, it reminds me of a famous
musical called "Fiorello" about a little tin box, because
basically your net salary is 29,000 a year and then you're
having expenditures of 70, 80, 90 thousand per year. So,

there's something a little bit out of kilter. So, you can
and given that Judge Porteous also has a similar disparity, we,
you know ~~

THE WITNESS: Well, that's why I went and took check
by check as to who I wrote them for.

CHIEF JUDGE JONES: Where did all the money come from?

‘THE WITNESS: Well, I was reimbursed for everything --
everything I wrote. And like I said, if they would provide you
with that copy that I made, it shows exactly how much ~~ you
know, how much I wrote for other people. Now, there was -~

JUDGE BENAVIDES: The checks that you received from
Judge Porteous, would you always deposit in your account?

THE WITNESS: Yes.

JUDGE BENAVIDES: So, if you were, in fact, balanced
out --

‘THE WITNESS: Uh-huh.

Cheryl K Barron, CSR, CM, FORR 713,250,585



986

‘oe | a beret of sty sii owen ets
CARO HUMBER
01081 1 | oummese xine yen
Ss01092% ro00/eevERAGE ©3730/00
soros2 | 2| nats '8 comrans ir
‘SS2101007 FO00/8EVE RAGE 03721700
soros2 | a | we Howe oeror 908 GRENTA if
S21 HOME IMPROV/ACCES 09/21/00
ososa | «| cunties YeaK noUSE new ORLEANS Ln
[501083 s | xiu'Son nest ne TWA oa,
1901860803 Fo00/8E4' 03732700
sor08e 8 | sort rover car WASH HARVEY
2057181 TowiNo shvs 03731700
sores 7| wee ORCEANS CIGAR COnew ORLEANS a
‘Dovoieors Clean StoRes/stanos 09/22/00
sores | 5 | saimina's "mes Taunantnew Gmueans
‘o7g076429 $012/0" FOGO/BEVERAGE 09/37/00
sorose | 9 | wouse ay
2 1<29808 RESTaURanTs 03/87/00
sorovo | 10 | tHe ned wanLe GRETNA CA
29. FO80 ANS BEVERAGE 09/29/00
sors: | 11 | watsca Conan HARVEY ify
80601008 P900/BEvERAGE 03 f40/00
sore: | 12 | wine Roses Rest, GRETNA te
‘SorSeea8 1 F605 0ev 03/30/00
sora: | 13 | mamuavtan aMoeO  VHaRVEY
9200408 PAY AY TE POMP 09/31/00
sorove | 14 | rrgatOnt New ORLEANS
coogTors® roa A\0 SEyenacé 04/93/00
sores | 15 | sakeveare ity
6010253. eatins PLACES AND ESTA 04/02/00
sovose | 16 | maces Gouna
30300890070" 04764700
sors | 17 | aunowa steacnouse. 1 NEW ORLEANS i
3ea0ae2s) F000/2E venAoe 0764/00
sorosr | 16 | wouse-gr Gane HARVEY res
eai423008 RESTAURANTS 0785/00
soross | 19 | aoe seavice Woo-e70-2000 YR
Sossarese_ OM Te 04/67/00
loose: | 20 cunts Sem HOUSE new OmLcANS La
sorsoz | 21 | pascacs MANALE RSIR_ MEW ORLEANS LA
‘Sooseezes Food ano BevenAce “* 04/11/00
sorso2 | 22 | cHinn gott aRVEY ra
1001 «80082 F000 /eeVE RAGE o47%0/00
sorios | 29 | HOUSE OF DANG Ham in
21422008 RESTAURANTS os72/00
soriog | 24 | she nove! DePorsGaeBMARRERO
‘10877996 RAROWARE Hoke IMPROV 047%7/00
sorsos | 25 | sourmenina ResTaURAGoViNGTON
orTeBse48_FOee 0477/00
sorsio | 26] wine MOSES RESTS Gretna rey
‘Bors0e856 FO0S/seV oa7te/00
TOTAL FOR JACOB J AMATO Je
‘caRo nuwseR
sors: | 27 1700 wrcKoRY ave us
Gon aagngeaz4igog;s0z052978 02/20/00] 23.10 |S 150
soiosz | 28 | soomtown wesieme nanver
20801002 FOOD/OEVERACE 03731700 15.12
sovoss | 29 ax few oncans Cj
O3036 1085 RESTAURANT oa7iso0] 175.09
soross | 30] cuassie cLean view AUTO, JerrERsow «a _—
e 20¢800001 08/25/00] 47.83 Ss" >
sovoss | 21] cLassie cueat-vith suro aerrenson :
fon ‘“oav2s0o| 8.9 | = 7
soos7 | 92 | or enan's wetanie
"F000 aN evensce = 02/27/00] 28.40
jorose | 39| ourex eneex Foo9 SravigLET ies 2:
otgEa.” SoeevGe"“OBeE5221674 0972/00 w.79 ee
ove | 34 | ark washineren
‘500840925 coosraccoosi7escReeL”. 02/97/00] 89.99
sorose | 35 | mcnosort atm eoo-s08~ss60. a
Gs¥eezse wevson Ine GILLING 5/0 22729/00 19.95

Scooase


JACOB J AMATO JR

990

an
wow ow
woes __oanaees
pan-679-940 a QUAL TES STEAK HOUSE NEW CRLEANS LA
Fe 28
Seaver 0109
foc ness vsrstan4 foc sneer coon
se + sesyeoe sie nore
J $21.95 I $43.50
row san no. 2 ws
Sou rons 528 ew oon UA ts a ase u
Sina wate Bias ase
TiSeA weRS HER OEG ‘ana em wer in
roan 90 sevouce soxmeey wa7
aes 40 .
1 00
sree seme se smn —_—————
: 9 $58.22 ES $27.75
ree a0 rou 2 ne
Nie B pve __ waver “ Meo oor
na Birins “wade wie eae a
Towst oF one ane u The vow son soneDureno uw
rooney pe) come poe eros
° 1350
se wizeren sree vam
Ss $25.09 ie $129.47
no = 1.8 1 28 won
$b Sia resturwconeror __ ut He wes eect ema
Geis “oavaaesag 32 ¥ ‘cee “arrose "8
“ine owe Sesvmicovwerot ut i MOSES AST. “ i
rom 06 fomyecy
ue vane
$c00460
se erezasoe ——_—_— se tenxone
= $23.45 : =

$30.17


3:29

03:29

03:29

03:30

03:30

03:30

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198

A. Since 1974.

Q. Okay. Would you tell the Committee when you first met
Judge Porteous and what your relationship was with him in the
early part of your career before you formed the partnership
with Jake’ Amato?

A. Well, it's hard to say when I first met the judge. we went
to the same high school together. We became, I think, friendly
when I was employed by him and Jake Amato, Judge Marion

Edwards -- not the Marion Edwards related to the governor. And
I was given’ a job in Judge Porteous’ law firm.

Q. What year was that?

A. I would say that was in 1974,

Q. Okay. And how long did you stay there?

A. Two years. I'm guessing two years.

Q. And Judge Porteous was there at the time ~~

A. Yes, sir.

Q. -~ for those two years?

A. Yes, sir.

Q. How many people were in the firm?

A, I think there were ~~ including myself, there was Judge
Porteous -~ there was four. Another lawyer came along, and
then Jake and I left. °

Q. Okay.

A. So --

Q. And you left’ in '75?

Cheryl K. Barron, CSR, CM, FORR 713.250.5585



1084

LAED CMEECF - Live - Docket Report Page 9 of 52

03/09/1994

42

NOTICE/ORDER that a preliminary conference is scheduled before
Courtroom Deputy at 8:40 4/19/94 by phone to set pre-trial & trial dates.
(Ref: Both cases) (sw) (Entered: 03/10/1994)

03/21/1994

43

ORDER Case reassigned to Judge Ginger Berrigan by Sudge Marcel
Livaudais Date Signed: 3/21/94 (Ref: Both Cases) (cp) (Entered:
03/21/1994)

03/24/1994

44

ORDER that matters be dktd in lead case only except for dispositives by
Judge Ginger Berrigan Ref 93-1794 & 93-4249 (kh) (Entered:
03/24/1994)

03/28/1994

45

ORDER: By 4/4/94, counsel shall notify the court of the following:
special priority cases, moot mtns, waiver of oral argument w/briefs due
4/8/94. by Judge Ginger Berrigan (REF: ALL CASES) (rg) (Entered:
03/30/1994)

04/28/1994

46

Mtn by pla, Lifemark Hosp & ORDERED that attys Howard Sinor, Jr. &
Edward D. Wegmann are withdrawn as counsel for said pla by Judge
Ginger Berrigan Date Signed: 4-28-94 (REF BOTH CASES) (jib)
Entered: 05/02/1994)

06/09/1994

4

MINUTE ENTRY ( 6/8/94): ORDER that briefs as to Liljeberg’s moti
for partial summary judgment {32-1}, the motion to remand case to Civil
District Court, Parish of Orleans (27-1), the motion to dismiss the
antitrust and unfair trade practices counterclaims of Lifemark Hospitals
Of LA, Inc. [24-1] are to be filed by 7/1/94 at which time the mtns are
taken under advisement by Judge Ginger Berrigan Ref 93-1794 & 93-
4249 (kh) (Entered: 06/09/1994)

06/21/1994

4

Motion by plaintiff Lifemark Hospitals and ORDER for leave to file
suppl breif by Sudge Ginger Berrigan Date Signed: 6/22/94 Ref 93-1794,
93-4249 (kh) (Entered: 06/23/1994)

06/23/1994

4

$

Supplemental memorandum by plaintiff Lifemark Hospitals to motion for
partial summary judgment {32-1] Ref 93-1794 & 93-4249 (kh) (Entered:
06/23/1994)

06/29/1994

x

3

Min by debtor & dA Liljeberg Ent Inc, John Liljeberg & Robert L
Liljeberg and ORDER extending time until 7/8/94 at 5:00pm to file all
briefs & memos directed to mtns deseribed by Court's M.E. dtd 6/8/94,
entered 6/9/94. by Judge Ginger Berrigan Date Signed: 6/30/94 (REF
BOTH CASES) (dno) (Entered: 07/01/1994)

06/30/1994

St

RETURN OF SERVICE of subps to Lifemark Hospitals of LA &
American Med Intl Inc svd 6/28/94. (REF BOTH CASES) (dno)
(Entered: 07/01/1994)

07/08/1994

5:

Motion by plaintiff Lifemark Hospitals and ORDER extending time to
file resp to memo anticipfated to be filed by Liljeberg until 7/15/94 by
Judge Ginger Berrigan Ref 93-1794, 93-4249 (kh) (Entered: 07/12/1994)

07/11/1994

52

‘Memo in opposition by debtor Liljeberg Ent Inc to motion for partial
summary judgment (32-1] filed by plaintiff Lifemark Hospitals Ref 93-
1794 (kh) (Entered: 07/11/1994)

07/15/1994

5

Ey

Reply by plaintiff Lifemark Hospitals to response to Lifemark's motion

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LAED CM/ECF - Live - Docket Report

1088

Page 13 of 52

(REF BOTH CASES) (dno) (Entered: 02/23/1995)

02/23/1995

86

Memorandum by dft Liljeberg Ent Inc in support of its mtn for extension
of time to file expert reports. (REF BOTH CASES) (dno) (Entered:
02/24/1995)

02/24/1995

8

Notice of Deposition by pla Lifemark Hospitals of Wendy Neeb on
3/9/95. (REF BOTH CASES) (dno) (Entered: 02/27/1995)

02/24/1995

8

Notice of Deposition by pla Lifemark Hospitals of Warren Arms on
3/14/95. (REF BOTH CASES) (dno) (Entered: 02/27/1995)

02/24/1995

9!

Min by pla Lifemark Hospitals and ORDER for leave to file supp! memo
in support of its mtn for extension of time to file éxpert reports. by Judge
Okla Jones 1 Date Signed: 3/3/95 (REF BOTH CASES) (dno) Modified
on 03/17/1995 (Entered: 03/06/1995)

03/03/1995

9

2

2nd suppl memo in opposition by dft Liljeberg Ent Inc to mtn for sum
jgm: response to Lifemark’s appendix E [78-1] filed by pla Lifemark
Hospitals (REF BOTH CASES) (dno) Modified on 03/17/1995 (Entered:
03/06/1995)

03/03/1995

96

‘Supp! Memo by pla Lifemark Hospitals in opposition to df Liljeberg’s
min for extension of time to file expert reports. (REF BOTH CASES)
(dno) Modified on 03/17/1995 (Entered: 03/06/1995)

03/03/1995

9

4

Introductory & explanatory guide to phases of supp! memo by pla
Lifemark Hospitals in support of its mtn for partial sum jgm {78-1} (REF
BOTH CASES) (dno) Modified on 03/17/1995 (Entered: 03/06/1995)

03/07/1995,

9

Mtn by dft Liljeberg Ent Inc & ORDER extending time until 3/10/95 at
5:00pm to file its opp to pla Lifemark's mtn for sum jgm set for 3/15/95.
by Judge Okla Jones Il Date Signed: 3/8/95 (REF BOTH CASES) (dno)
Modified on 03/17/1995 (Entered: 03/09/1995)

03/10/1995,

10

Memo in opposition by dft Liljeberg Ent Inc to mtn for partial sun jgm
{78-1} filed by pla Lifemark Hospitals. (REF BOTH CASES) (dno)
(Entered: 03/17/1995)

03/13/1995

9

Motion by plaintiff Lifemark Hospitals and ORDER for leave to file a
supp! memo in support of its mtn for partial sum jgm by Judge Okla
Jones I] Date Signed: 3/15/95 (REF: 93-1794 & 93-4249) (gw) Modified
‘on 03/17/1995 (Entered: 03/16/1995)

03/15/1995

100

Suppl Memorandum by plaintiff Lifemark Hospitals in in support of its
motion for partial sum jgm [78-1] (REF: 93-1794 & 93-4249) (gw)
Modified on 03/17/1995 (Entered: 03/16/1995)

03/16/1995,

102

MINUTE ENTRY ( 3/15/95): ORDERED that pla Lifemark Hospitals!
min for partial sum jgm [78-1] set for this date cont to 8:30 3/29/95. by
Judge Okla Jones I] (REF BOTH CASES) (dno) (Entered: 03/17/1995)

03/24/1995.

10!

Min by dft Liljeberg Ent Inc and ORDER that original ex parte mtn for
leave to file 2nd suppl memo in opp to mtn for sum jgm. Exhibit 57 & 58
be substituted wicorrected Exhibit 58 & 59 as stip. by Judge Edith B.
Clement Date Signed: 3/29/95 (REF BOTH CASES) (dno) Modified on
03/29/1995 (Entered: 03/29/1995)

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1113

LAED CM/ECF - Live - Docket Report Page 38 of 52

03/25/1997

393

Motion by defendant Liljeberg Ent Inc and ORDER for leave to file reply
to pla, Lifemark opposition to mtn in limine to require Donna Erb to
testify at trial about her involvement in the bid rigging of the judicial sale
of the hospital is GRANTED by Judge G. T. Porteous Jr. Date Signed:
3/26/97 (REF 93-1794) (dp) (Entered: 03/27/1997)

03/26/1997

39%

Reply by defendant Liljeberg Ent Inc to opposition by pla, Lifemark to
same's motion ine to require Donna Erb to testify at trial about her
involvement in the Bid-Rigging of the Judicial sale of the hospital. (329-
1] (REF 93-1794) (dp) Modified on 03/27/1997 (Entered: 03/27/1997)

04/03/1997

&

PROCEEDING: denying Liljeberg's motion in limine to require Donna
Erb to testify at trial about her involvement in the bid-rigging of the
jjudical sale of the hospital (329-1} by Judge G. T. Porteous Jr. (REF: 93-
1794) (pck) (Entered: 04/03/1997)

04/08/1997

| (Entered: 04/17/1997)

Mail Returned [395-1] minute entry addressed to counsel, Kenneth
Charles Fonte for defendant Liljeberg Ent Inc. (REF 93-1794) (dp)

04/10/1997

396

Letter to Clerk of court from counsel, Michael! S. Fawer for movant
Donna E Erb dated 4/8/97 in re: change of address. (REF 93-1794) (dp)
Modified on 04/15/1997 (Entered: 04/15/1997)

04/25/1997

397

Joint Motion by defendant Liljeberg Ent Inc & plaintiff Lifemark
Hospitals and ORDER for modificaiton of agreed order conceming
supplemental expert discovery is GRANTED as stip by Judge G. T.
Porteous Jr. Date Signed: 4/28/97 (REF ALL CASES) (dp) (Entered:
0472911997)

05/13/1997

400

‘Amended Witness list submitted by defendant Liljeberg Ent Inc. (REF
93-1794) (dp) (Entered: 05/15/1997)

05/19/1997

40

MINUTE ENTRY (5/19/97): ORDERED that a Pre-Trial Conference is
set for 2:30 p.m. on 6/11/97 bf Judge by Judge G. T. Porteous Jr. (REF
ALL CASES) (dp) Modified on 05/20/1997 (Entered: 05/20/1997)

05/20/1997

402

‘Amended Witness list submitted by plaintiff Lifemark Hospitals. (dp)
(Entered: 05/20/1997)

05/30/1997

40:

2nd amended Witness list submitted by plaintiff Lifemark Hospitals.
(REF 93-1794) (dp) (Entered: 06/02/1997)

06/04/1997

40

Motion by defendant Liljeberg Ent Inc and ORDER for expediting hrg on
same's mtn to strike Joan G. Hayworth & G. Hossein Borhani as expert
witnesses is GRANTED by Judge G. T. Porteous Jr. Date Signed: 6/9/97
(dp) (Entered: 06/13/1997)

06/10/1997

40:

Memo in opposition by plaintiff Lifemark Hospitals to mtn to strike
experts filed by defendant Liljeberg Ent Inc. (REF 93-1794) (dp)
Modified on 06/11/1997 (Entered: 06/11/1997)

06/11/1997

405

RETURN OF SERVICE of subps to Fred Matherne on 6/2/97; to Fred
Grosz, Steven Greene & Mitchell Duracher on 6/3/97; to John McDanie
on 6/4/97; to Vincent Messino & Joan Landry on 6/6/97 & to J Larry
Lidell on 6/9/97 (tbl) (Entered: 06/12/1997)

https://ecf.laed.uscourts.gov/cgi-bin/DktRpt.p!?985087868617914-L_353_0-1 10/22/2007


980

TOTAL FOR yacoe J AMATO JR

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1127

LAED CMIECF - Live - Docket Report

(Entered: 12/08/2000)

G. T. Porteous Jr. (REF: ALL CASES) (rg) Modified on 02/12/2001

Page 52 of 52

12/06/2000 547 | Reply by defendant Liljeberg Ent Inc and St. Jude Hospital to Lifemark's
‘opp response to motion for emergency status conf [542-1] (REF: ALL
CASES) (rg) (Entered: 12/06/2000)

12/05/2002 Regord on appeal retumed from U.S. Court of Appeals (0-0) (rg)
(Entered: 12/10/2002)

12/05/2002 550 | Judgment from Court of Appeals: the jgm of the Dist Court is affirmed in

part & reversed in part, & the cause is remanded for further proceedings
in accordance w/the opinion of this Court. [541-1]; [540-1]; [501-1];
[500-1]; [496-1]; [480-1]; Issued as mandate on 12/5/02
(HIGGINBOTHAM, DEMOSS, BENAVIDES) (REF: 93-1794, 93-
4249, 94-3993, & 95-2922) (rg) (Entered: 12/10/2002)

Kenner, Louisiana and ORDER that ci

12/10/2002)

12/06/2002 S51 } Joint Motion by defendant Liljeberg Ent Inc, plaintiff Lifemark
Hospitals, Lifemark Hospitals of Louisiana, Inc., American Medical
International, Inc. and Tenet HealthSystems, Inc. and St. Jude Hospital of
action numbers 93-1794, 93-
4249, 95-2922, & 94-3993 are dism w/prej, all parties to bear their own
costs; by Judge G. T. Porteous Jr. Date Signed: 12/9/02 (CASE
CLOSED) (REF: ALL CASES) (rg) Modified on 12/11/2002 Entered:

12/06/2002 552 | Joint Motion by defendant Liljeberg Ent Inc, plaintiff Lifemark Hospitals
Inc., Lifemark Hospitals of Louisiana, Inc., Amer Med Intl Inc, Tenet
HealthSystems, Inc., St. Judge Hospital of Kenner and ORDER that the
bond posted pursuant to the Court's 11/21/00 order in the amt of
$18,840,000.00 by Lifemark Hospitals of Louisiana, Inc., Lifemark
Hospitals, Inc., American Medical International, Inc. and Tenet
HealthSystems, Inc. is released; by Judge G. T. Porteous Jr. Date Signed:
12/9/02 (REF: ALL CASES) (rg) (Entered: 12/11/2002)

PACER Service Center. |
‘Transaction Receipt
TOrRBAOUT 14:59:05
"ACER Login: |[hb0034 [Client Code: _[0097900.00080
[Description: _ Docket Report Search Criteria:][2.93-cv-01794-GTP

Bilable Pages: JB0 [cost ea

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10/22/2007


1122

LAED CM/ECF - Live - Docket Report Page 47 of 52

08/02/2000

496

Notice of appeal by defendant Liljeberg Ent Inc from Dist. Court [495-1]
minute entry amending jgm entered 8/1/00, (494-1] order to amd jem
entered 7/20/00, [472-1] and jgm entered 4/26/00. (REF: ALL CASES)
(re) Entered: 08/02/2000)

08/02/2000

Payment of appeal fee by defendant Liljeberg Ent Inc in the amount of $
105.00 [496-1] (REF: ALL CASES) (rg) (Entered: 08/07/2000)

08/14/2000

497

MOTION by plaintiff Lifemark Hospitals, Inc., dft Lifemark Hospitals of
LA, dft American Med International and Tenet Healthcare Corp for new
trial to be heard before Judge at 10:00 9/27/00 (REF: ALL CASES) (pck)
(Entered: 08/15/2000)

08/14/2000

Mail Returned [495-1] minute entry addressed to attomey John Flowers
(gw) (Entered: 08/15/2000)

08/15/2000

MOTION by plas Liljeberg Ent Inc, St Jude Hosp Kenner for protective
order to be heard before Judge at 10:00 8/30/00 (Ref all cases) (ijg)
(Entered: 08/16/2000)

08/15/2000

49%

8

Request for Oral Argument by plas Liljeberg Ent Inc, St Jude Hosp
Kenner re their motion for protective order [498-1] (Ref all cases) (ijg)
(Entered: 08/16/2000)

08/16/2000

Mail Returned [496-1] appeal addressed to attorney John Flowers (gw)
(Entered: 08/17/2000)

08/18/2000

Amended Notice of appeal by plaintiff Lifemark Hospitals of LA,
Lifemark Hospitals, inc, American Med Intl & Tenet Healthcare of the
Dist Court jgms & orders listed herein. (REF: 93-1794) (rg) Modified on
08/22/2000 (Entered: 08/22/2000)

08/18/2000

gE

Amended Notice of appeal by plaintiff Lifemark Hospitals of LA,
Lifemark Hospitals, Inc, Amer Med Intl, Tenet Healthcare from Dist,
Court jgms & orders listed herein. [495-1] [494-1]; [471-1]; [456-1]
(REF: ALL CASES) (rg) Modified on 08/22/2000 (Entered: 08/22/2000)

08/18/2000

Motion by plaintiffs Lifemark Hospitals of LA, Lifemark Hospitals,
‘Amer Med Intl, & Tenet Healthcare to expedite the hrg on their mtn to
cont hrg on plas’ mtn for proto and ORDER-see m.e.; by Judge G. T.
Porteous Jr. Date Signed: 8/22/00 (REF: ALL CASES) (rg) Modified on
09/12/2000 (Entered: 08/24/2000)

08/21/2000

503

MOTION by defendant Liljeberg Ent Inc to stay execution of jgm & to
dispense w/supersedeas bond to be heard before Judge Porteous at 10:00
9/13/00. (REF: ALL CASES) (rg) (Entered: 08/22/2000)

08/22/2000

502

Memo in opposition by defendant Liljeberg Ent Inc & St Jude Hospital of
Kenner to mtn to cont plas’ mtn for proto filed by plaintiff Lifemark
Hospitals, et al (REF: ALL CASES) (rg) Modified on 08/22/2000
(Entered: 08/22/2000)

08/22/2000

504

Memo in opposition by plaintiff Lifemark Hospitals of LA, L.ifemark
Hospitals, Inc, Amer Med Int! & Tenet Healthcare Corp to motion for
protective order [498-1] filed by defendant Liljeberg Ent Inc (REF: ALL
CASES) (rg) (Entered: 08/23/2000)

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05:09

05:09

os:10

os:10

es wne

10
i
12
13
14
45
16
7
18
19
20
21
22
23
24
25

901

THE WITNESS: -- proper or is that not proper?

CHIEF JUDGE JONES: Well, we're talking 2000; we're
not talking the state bench; with a multimillion dollar case
pending.

THE WITNESS: With a multimillion dollar case pending
that was prepared, that was tried, that was tried for six
weeks, that we proved, and that this Fifth Circuit court -- or
members of the Fifth Circuit court didn't feel like it was
appropriate -~ an appropriate --

CHIEF JUDGE JONES: Well, you're not answering my
question, sir. But anyway -~

THE WITNESS: I'm sorry. I can't -- I can't help you.

CHIEF JUDGE JONES: Suppose -- suppose counsel for --
suppose Mr. Mole had been going out four times a week with
Judge Porteous for. lunch. Would that have looked good?

THE WITNESS: I don't know if he wasn't going out with
him four times a week.

CHIEF JUDGE JONES: Well, suppose he had been. what
would you -- you would have wanted to take him out even more,
wouldn't you?

‘THE WITNESS: No.

CHIEF JUDGE JONES

So, it's perfectly all right to go
to lunch, pay for lunches at fancy places with judges before
which you have big, big cases pending? Is that your view of

ethics?

Cheryl K Barron, CSR, CM, FCRR 713.250.5585



oasay

ares

oaras

ares

ara

10
u
12
13
14
15
16
v7
18
19
20
21
22
23
24
25

887

249

standard for recusal.

‘And you must have been aware -- Mr. Amato, you
must have been aware that to an objective person fully informed
of all the circumstances of the case that that objective person
would know that -- and would get and draw the conclusion that
it would be improper for that judge to sit over the case.

THE WITNESS: Yes.

JUDGE BENAVIDES: Isn't that fair?

THE WITNESS: That's fair.

JUDGE BENAVIDES: Nothing else.

MR. WOODS: Thank you. May I have one moment to
gather some exhibits?
BY MR. WOODS:
Q. Mr. Amato, while I get the Court's copies, you provided the
grand jury with copies of your calendar; and you even cataloged
the dates that you had lunch with Rhonda or the judge.

Are those your calendars, sir?

A. Yeah.
MR. WOODS: May I have just one moment, your Honors,

to get the --

(Sotto voce discussion between counsel)
BY MR. WOODS:
Q. Now, Mr, Amato, I've received the documents that are
exhibit numbers; and I want to go to those calendars, which are
going to be Exhibit 17. And I will refer to Bates Nunber

Cheryl! K. Barron, CSR, CM, FORR 713.250.5585



1112

LAED CM/ECF - Live - Docket Report Page 37 of 52

02/27/1997

380

Opposition by plaintiff Liferark Hospitals to Joint waiver of 11 USC
362. (REF ALL CASES) (dp) (Entered: 02/28/1997)

02/28/1997

38;

Motion by defendant Liljeberg Ent Inc and ORDER for leave to file
supplemental memo in response to opposition by pla, Lifemark to mtn to
remand is GRANTEDby Judge G. T. Porteous Jr. Date Signed: 3/4/97
(REF 93-1794) (dp) (Entered: 03/05/1997)

03/04/1997

38:

Supplemental memo in response by defendant Liljeberg Ent Inc to
opposition of pla, Lifemark's to same's motion to remand US Bankruptcy
Court the mtn to terminate contract filed by pla Lifemark of LA [378-1].
(REF 93-1704) (dp) (Entered: 03/05/1997)

03/06/1997

384

SMOOTH MINUTES: Hrg held 3/5/97 bfr Judge granting motion by pla,
Lifemark to remand US Bankruptcy Court the mtn to terminate contract
filed by pla Lifemark of LA [378-1] by Judge G. T. Porteous Jr. (REF
93-1794) (dp) (Entered: 03/07/1997)

03/07/1997

38:

Motion by plaintiff Lifemark Hospitals and ORDER to withdraw motion
by pla, Lifemark for leave to terminate contract [346-1] & withdrawing
motion by pla, Lifemarkfor entry of preliminary i

relief [326-1] is GRANTED & considered MOOT for all purposes by
Judge G. T. Porteous Jr. Date Signed: 3/10/97 (REF 93-1794) (dp)
Modified on 03/12/1997 (Entered: 03/12/1997)

03/11/1997

38

Motion by plaintiff Lifemark Hospitals and ORDER for appearance of
Don C. Gardner as additional counsel! of record for same is GRANTED
by Judge G. T. Porteous Jr. Date Signed: 3/12/97 (REF ALL‘CASES)
(dp) (Entered: 03/13/1997)

03/20/1997

38%

Motion by plaintiff Lifemark Hospitals and ORDER for leave to file
reply memo to opposition of dfi St. Judge Hospital to mtn by pla,
Lifemark Hospitals to strike portions of St. Jude's opposition to pla,
Lifemark's mtn for summary judgment to disimiss mitigation of damages
counterclaim is GRANTED by Judge G. T. Porteous Jr. (REF 94-3993)
(dp) Modified on 03/21/1997 (Entered: 03/21/1997)

03/20/1997

38:

Reply memo by plaintiff Lifemark Hospital to opposition of df, St. Jude
Hospital to Lifemark's portion of St. Jude's opposition to Lifemark's mtn
for summary judgment to dismiss mitigation of damages counterclaim.
(REF 94-3993) (dp) (Entered: 03/21/1997)

03/24/1997

39

8

Motion by dft, St. Jude Hospital and ORDER for leave to file rebuttal
memo of same opposing mtn by pla, Lifemark to strike portions of St.
Jude's response to mtn for summary judgment to dismiss counterclaim is
GRANTED by Judge G. T. Porteous Jr. (REF 94-3993) (dp) Modified on
03/26/1997 (Entered: 03/26/1997)

03/25/1997

39

Memo in opposition by defendant Liljeberg Ent Inc to mtn to lift
automatic stay & for entry of injunction by dft, Lifemark Hospitals. (REF
93-1794) (dp) Modified on 03/26/1997 (Entered: 03/26/1997)

03/25/1997

392

Rebuttal Memo by dfi, St. Jude opposing mtn by pla, Lifemark Hospitals
to strike portions of same’s response to mtn for summary judgment to
dismiss counterclaim. (dp) (Entered: 03/26/1997)

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sorgo7 | 11 | 1700 HICKORY. AVE". NeW ORLEANS a
4430492175307311021504 1701/00 s6.50 }+ S159
sorgos | 12 | cHINESE xu New ORLEANS ia
#80262" FOOD, SERVICE RESTAURAN 11/01/00 22.98
sorara | 19 | aot SERVI ‘S00°679-9808 | Ya e450
3 we omzeTGe2 ONLINE 1197/00 args |- S45
5019 14 | new ORLEANS EAB ANS :
ves 11708/09| 193.10 fe Cue
sora1a |. 15 | souTm cmiNA RESTAURACOVINGTON rs
‘081076713 FOOD 13707/00 15.62
aia | 36 | oni N CAPE. KENNER Li :
‘050353846 F000" ANO. BEVERAGE 13799/00 70.95
yas} a7 3 359, GRENTA. see
1621545265, NOME INPROV/ACCES 19708700 65.26 |- SECO
sorais | 18 | moon Tant€ NEW ORLEANS
" F000/8ey 11/68/00 23.81
woos | 19 | CONTINENTAL AIRLINES METAIRIE L
Tkte oog7007952. 1as10 692.79
126916 CunRENT 5692173 34:00
esate | 20 LINES. CO METAIRIE “LA
Tete 0067017592406 710 864.40
126336 FLIGHT IRSURANCE CURRENT 06040" 44:60,
jor | oar INTL PASTACOVINGT
ING. PLACES AESTAURAN 11710700 21.96
vosaro | 22 | cnARLieS. Steak HOUSE NeW ORLEANS CA ae
ois | 23 paKtTAIntE ry
nifi2/00 36.64
org20 | 24 | wonizon. TRAVEL GROUPUE TATRIE ry
Rowanes ertty ALonsayon rouse *Ya‘/°°) $000
gsa21 | 25 5
: 180539516 FLORAL PURCHASE 1174700) 720 [> Whe
01921 | 26 | PLANES BEACH TANNINGMARRERD u ,
‘073137285 BARBER & SEAUTY 11/15/00) 59.16 D “AL
01922 | a7 | 1700. HICKORY. AVE. “NEW ORLEANS ray SEP
‘Texaco 44398492178522519023084 11716/00 az.s0 fo °
TOTAL FOR JACOB J AMATO JR $3,929.80 4

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1094

LAED CMIECF - Live - Docket Report Page 19 of 52

dktd 10/16/95) (dno) (Entered: 10/38/1995)

10/20/1995

172

Reply by dfts in counterclaim Lifemark Hospitals of LA, Lifemark
Hospitals & Amer Med Intl to counterclaims of Liljeberg. (REF BOTH
CASES) (dno) (Entered: 10/23/1995)

10/23/1995

175

Sealed Document (dno) (Entered: 11/07/1995)

10/25/1995

173

MINUTE ENTRY( 10/25/95): ORDERED that a Status Conf is set for
2:00 10/27/95 in chambers. by Judge Okla Jones It (REF BOTH CASES)
(dno) (Entered: 10/26/1995)

10/30/1995

174

Sealed Document (dno) (Entered: 10/30/1995)

10/31/1995

177

MINUTE ENTRY( 10/27/95): A Conf was held this date in chambers.
ORDERED that C.A. 94-3993 is consolidated wiC.A. 93-1794. Non-jury
Trial set for 12/4/95 is cont to 8:30 6/3/96 as stip. FURTHER
ORDERED that Pre-Trial Conf set for 11/8/95 bfr Judge Duplantier is
cont to 8:30 5/16/96 bfr Judge Jones as stip. AMENDMENTS pleadings
due w/in 30 days as stip. by Judge Okla Jones I! (REF ALL CASES)
(dno) (Entered: 10/31/1995)

10/31/1995

176

Sealed Document (dno) (Entered: 11/07/1995)

11/03/1995

178

Sealed Document (dno) (Entered: 11/07/1995)

11/07/1995

179

Sealed Document (dno) (Entered: 11/07/1995)

11/07/1995

180

Sealed Document (dno) (Entered: 11/07/1995)

11/07/1995

181

MINUTE ENTRY( 11/7/95): ORDERED that dft Liljeberg Ent Inc's
mins for partial sum jgm [146-1] & for partial sum jgm [147-1] are
RESET for 8:30 2/7/96 as stip. by Judge Okla Jones Ii (REF 93-1794)
(dno) (Entered: 11/08/1995)

11/14/1995

182

MINUTE ENTRY( 11/14/95): Dft Liljeberg Ent Inc's mtn for supp! relief
& sanctions in connection w/ongoing audit by same of 1,000 patient
chars in possession of Lifemark Hospitals, Ine. is DENIED in part &
GRANTED in part as stip. by Magistrate Joseph C. Wilkinson, Jr. (REF
93-1794 & 93-4249) (dno) (Entered: 11/15/1995)

11/22/1995

183

Sealed Document (dno) (Entered: 11/22/1995)

12/04/1995

184

MINUTE ENTRY{( 11/30/95): A status conf was held this date bfr Mag.
by Magistrate Joseph C. Wilkinson Jr. (REF 93-1794) (dno) (Entered:
12/04/1995)

12/13/1995

185

MINUTE ENTRY( 12/13/95): consolidating cases 2:93-cv-1794
MINUTE ENTRY( 12/13/95): consolidating cases 2:93-cv-1794 with
member cases 2:95-cv-2922. All docketing to be with member cases
2:95-cv-2922. All docketing to be docketed in Master Case only as stip in
order. by Judge docketed in Master Case only as stip in order. by Judge
Okla Jones II Date Signed: 12/13/95 (Ref: 93-1794 & Okla Jones {I Date
Signed: 12/13/95 (Ref: 93-1794 & 95-2922) 95-2922) (cp) (Entered:
12/14/1995)

12/15/1995

186

Mn by pla Lifemark Hospitals for exp hrg on its mtn for contempt of,
alternatively, for modification of protective order and ORDER DENIED.

https:/ecf.laed.uscourts.gov/cgi-bin/DktRpt pl?985087868617914-L_353_0-1 102272007


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JUDGE BENAVIDES: Oh, that.

CHIEF JUDGE JONES: Right?

JUDGE BENAVIDES: You mean keeping him out late or --

THE WITNESS: I got the impression that they were
partying, so to speak, together quite often. That's my
impression from that. And -- that's my impression from that.
BY MR. WOODS:
Q. But from Gardner, you didn't have that impression about the
“great white," right?
A. That's what Mr. Gardner told me, but I don't ~~ I didn't
ask because I didn't want to know all of the other facts. But
I -- my personal opinion means nothing, but ~~ so, yeah, that
answers -- that's my answer.
Q. Okay.

CHIEF JUDGE JONES: We'll take -- we'll. take a ten
minute break here.

(Recess taken from 4:03 p.m. to 4:16 p.m.)
CHIEF JUDGE JONES: Be seated, please.
Were you finished?

MR. WOODS: I had passed the witness, your Honor.

CHIEF JUDGE JONES: All right. Weli, I had one
question, Mr. Creely.

In that Liljeberg case, did your partner's

compensation depend in any way on the outcome of the trial?

THE WITNESS: With Gardner or the judge?

Cheryl! K Barron, CSR, CM, FCRR 713.250.5585



12:30

12:30

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CHIEF JUDGE JONES: Let me just ask you a couple of
other questions. Are you -- is Judge Porteous still gambling?

THE WIINESS: Not that I know of.

CHIEF JUDGE JONES: Well, you know him very well,
don't you?

THE WITNESS: Yes.

CHIEF JUDGE JONES: And back before the bankruptcy, it
looks as if he was gambling almost every weekend or a couple of
times a month or something like that.

‘THE WITNESS: Well, I mean, he did gamble. How
often —-

CHIEF JUDGE JONES: Well, he gambled so much that he
got into bankruptcy, right? You know that?

‘THE WITNESS: Well, I don't know if that's what caused
him to go into bankruptcy.

CHIEF JUDGE JONES: Well, let's -- please don't play
games. All right?

‘THE WITNESS: I'm not, ma'am.

CHIEF JUDGE JONES: All right.

JUDGE BENAVIDES: You would go down and take checks
and pay off -- you paid off several casinos, you paid markers?

‘THE WITNESS: But I don't know if that's what caused
him to go into --

CHIEF JUDGE JONES: He owed $192,000 in credit card

debt, most of which was from gambling. Did you know that?

Cherylt K, Barron, C5R, CM, FRR 713,250,5585



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JUDGE LAKE: All right. Before you leave ~-

You have no objection to the underlying
documents, do you?

CHIEF JUDGE JONES: No.

JUDGE BENAVIDES: No.

JUDGE LAKE: Before you leave, put the underlying
documents and go -- and Exhibits 1 through 96 in a particular
place and point out to the designated representative of the
Special Committee where those will be kept.

MR. WOODS: Yes, your Honor, We will.

(Sotto voce discussion at bench)

JUDGE LAKE: Well, what was your -~ did you want to
respond on the grand jury?

MR. WOODS: Yes, your Honor. As to the grand jury
transcripts, specifically of those individuals who appeared
here, Creely and Amato, Joseph Mole --

JUDGE BENAVIDES: ‘Those are the only ones he's
objecting to, I guess, the ones -- the ones where the ~~ where
the witness appeared?

MR. WOODS: Right.

JUDGE PORTEOUS: And Danos.

MR, WOODS: And Danos, Rhonda Danos.

They were subject to cross-examination if he
wished to get into the grand jury testimony, which he's had for

a lengthy amount of time to review and examine and could have

Cheryl! K Barron, CSR, CM, FRR 713,260,5585



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time.

So, if -- if it was between '99 and whatever time
they told me to do-it and I -~ yeah, there's no secret about
that. I took him, T think, on three hunting trips.

Q. Yes, sir.
A. All right.
Q. And what value would you place on those?
A. Oh, the hunting trips would be airfare, whatever that was,
the trip itself, some shotgun shells.
Q. Yes, sir.
A. And food and drink was -- went along with the price to go
hunting.
Q. Okay: And that was during the period that they asked you
to focus on at the grand jury, between '99 and whatever?
A. Yeah. And I think we went before that. I think we went
hunting before that, too.
Q. Yes. You went on a lot of trips?
A, I'm sorry?
Q. You went ona lot of trips, right?
A. No. I only went on -- well, you say “a lot of trips." I
went on three hunting trips with him, if that's what you're
asking me, out of the country.

MR. WOODS: All right. Thank you.

We pass the witness, your Honors.
JUDGE BENAVIDES: Before you pass that --

Cherylt K. Barron, C5R, CM, FERR 713,2505585



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Sa BSR seal Bees
a esr tien of senty Atieity earges crete
CARD NUMBER
1835220 PAYMENT RECEIVED - THANK YOU 09/27 4,934.14
501294 +} oovssey grr. Ne TAIRIE ta
(097915298, FO00/EEVERAGE 08/20/00]
501236 2| 1700. HICKORY. AVE NEW,
XC stgeoesa}7s2308 8082802 08/22/00] j-s1se
1501236 | nie ROSES REST.
(001778118 FOOO/EEV. 08/22/00
1501237 | BEEF CONNECTION GRETNA LA
(000125822 FODO AND BEVERAGE 08/24/00
1501237 5 | AURORA STEAKHOUSE 1 NEW ORLEANS
‘284630088 F000/BEVERAGE 08/23/00
sor238 6 | COPELANDS. #3 %
‘098387466 FO00/SEVERACE, 08/23/00
1so1242 7] CATTLE TOKYO RES TAUPE TATRTE
264693191 FO0D/OEVERRGE 08/27/00
[501243 | oROUND PATE "GRETNA
‘001350003 F000/ BEVERAGE 08/28/00
01244 9] OON’ JUAN CIGAR CO. METAIRIE if usp
(007475115 CIGAR STORES/STANDS 08/30/00) a
1501250 vo | NINE ROSES REST.” GRETNA
‘001888487 F000/BEV. 08/05/00]
js01251 11 | nou SeRVIcE (800-679-9446 va. 3150
‘G0aza"663 09/07/00 L.
Jos22s2 12 | CHARLIES "STeme HOUSE NEW ORLEANS LA
501252 3 Coney HARVEY ta
Mozsecossa, Oc ee veRace 09/07/00
501257 1a | wat TONAL. NTAL KANSAS CITY M0.
waseseet 8a NATIONAL CAR RENTAL 09/12/00 p-S'52
jso1258 5 KONSAS
mozssi5259 " LOsG IN 09/19/00
1501258 16 TROTELS. KANSKANSAS CITY
‘025815260 LODGING. 09/13/00
[501258 17 | WaRRIOTY MOTELS RANSKANSAS CITY to.
125815260 LODGING. 9713/00
501259 re | maRaioTT HOTELS. RANSKANSAS CITY
1028917949 LODGING 09/4/00
looses 19 | CHARL TES SYESK HOUSE NEW ORLEANS La
TNve76o263
501283 20] JEFFERSON wy
(991330021, ro90/8cV 0978/00
501263 21 | macs "AND. COM WARVE
‘084181158 FO00/BEVERAGE 09718700
TOTAL FOR JACOB J AMATO JR sas3e.14
CARD NUMBER
so1233 22 | OEREIGNY STREET GRILGRETNA ~ tA
1640004 RESTAURANT (08/18/00 38.02
501233, 23 | 1709 HICKORY. LEANS, in
Texaco aaseeas2175290914089299 08/19/00 24.32 SIS?
/s01233 24 | ROCK N Sak NEW ORLEANS i")
‘097795227 RESTAURANT 08/18/00 191.52
501296 25| LANORY"S  LAFAYETTEBREAUX BRIDGE LA
‘36094209 FOUD-BEV 08/21/00] 55.45
501237 36] ara pac WASHINGTON
"00500634 CODSPACCOOSITBBCREELY. 08/23/00] 83.33
501238 27 NEW ORLEANS.
290.98
501298 26
269.68
501239 29
28.98
501220 30
92.06 |- 3-98



1004

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Et
Mart | us. eseriton of sey Ati owes certs
fsor2e7 | 34 | murH's CHRIS smunce neTAIRIE uA
O2e7s0192 09/21/00] 90.85,
jsor2e7 | 35 | orunina's ReStaURANTREW QRLEANS 3
‘Or 1980799. 8812701 FOOD/SEVERAGE 09/22/00 40.91
sorzer | a6 he wa i
91807347 F000 & 09/22/00] 119.21
sorzea | 37 | tne. tome beray 962
5 oom 95 ue tuenON Acres 09/24/00] as.74 1-550
sorzea | 38] L £0 INVESMENTS” INGEFFENSK &
‘PAY AT PUMPBS56527666 09/24/00 27.67 L S\SD
jsor270 | 30 | cHINA.aLossom" INC. GRETNA
1000423857 FOOD AND BEVERAGE 09/2609] 26.51
sor271 | a0] aren was so
‘S008 11694 coOsPACCOOSTTBBCREELY, 09/6/00) ea.a9 |-S2
lsor272 | 41 | mrenosors wren eno-a9ers5s0." oma esd
179830968 NSN*ONLINE BILLING 9/0 09/27/00, w.05 + SYST
jsorzr2 | 42 | sroe nga if
Sootzso2 wisceuLaNeous FoGo 09/27/00) 19.05
lsorars | 43 | mouse or atuts New onLEsNs
1929272298, FOOD/sEVERAGE 09/20/00] 208.74
sorars | 4a | 0020 dePrenson ray. panari ;
sago072209827s424035708 09/28/00 28.23 |—SiS0
sorare |. as| negitettrs elgzenia ran a
EATING PLAGES. avo, RESTA 09/0/00 29.58
sora7s | a8] s700-ngexonv. ave 3
Fexnto" aadegea2¥75276931082691 09/0700 26.98
jsoi27e | 47 | nononouse oniuL. ras KENMER ft
27680868 FO00/BeV 08/30/00] 60.53
sor27s | 40) THe howe Deroy 362, ks
‘027675789 Howe IMPROV, acces 10/61/00 92.22
sor277 | 49 Nan ies
‘970802675 FO00/eEVERAGE 10762700) 2187
lsor279 | so| cia ver >
ie nace io/Ss/oo] P a6.75
lsorzeo | 1 | oxexony ser’ senve. Hana ies
516019286. sett orl 921740000831 10/05/00 20.80
lsovzes | 52 | wrmts rat ran/Searonannian
e007 10708700 27.00
Jsoxzer | sa | mints TTALTAN/SEAFONARAAN ifs
‘coia20018 10/66/00 27.00
sorzez | sa neciveturs PrzzenIA mani i
S85 18\" Eating Places aNO RESTA 10/00/60 3.04
sorzes | 55 | erconana’ 5 me
‘nae vena 10/09/00 30.31
sorzes | se | onnrsu. i .
| cugrabaaieé sveue ort. G2i7ae611092 10/40/00 10.18 |~ S159
sores | 5:
91040075 FOOO/eEVERAGE rot 1/60 42.45
sores | se | saxe ‘care eran ia
Sgofozed EATING PLACES ANO RESTA 10/10/00 43.27
sorzer | s0| sxtevacn’s SoS TON
‘1132036 01 Fo09/sevERACE woyis/oo] 159.56
sorzes | co] raatronin 1U°panino, S0STON a.
‘on12077 13 rogu/be veRace rostsyoo| 183.30
sores | 61| ockey Fist a LoBsrEnsaLem ia
(036733298 Fo00/ rofta/oo 29.97
501290 | 62 | nentnorons oF
720070039 F000/ 0" 10/16/00 20.21
sorzs0 | 63 neittnotons oF 80S: ha
90700 14 FO00/ SEV, 10/6700 26.42
sorzg0 |. oa | Lveew a
‘So1s0002 Fo00/acvERaGe 1o/ta/oo 70.12
sorzo0 | as | mansnace mouse
1001206008, Fooo/ec veRace 10/13/00) 51.79
sorza) | 6s | 75 enesrmuy
Wetec F000-t 1o7%s/00] 160.48
sorza: | 07 | om Parken HOUSE HOBOSTON an
‘Ozenee27s Lovel wo/t7/00] 1,849.99
sorzaz.| 08 | omviwOTELS Fe. BOSTON a
029280983 1G0c 4 10/46/00 23.98
so12e2 | 69] oui MOTELS Fe. BOSTON in
‘920288966 00s wo/ie/oo] 130.87
sor292 | 70] 1700. HICKORY. AVE." New onLe: es
ARCO 44398452175292308 259570 10/17/00} 25.92 $3
sorze: | 71 | eountes sano GRETNA
oenesa117 ovo 10/49/00 42.16
TOTAL FOR ROBERT  CREELY $8,121.67 5.00

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234

JUDGE LAKE: Curatorships.
CHIEF JUDGE JONES: Oh, curatorships.
JUDGE PORTEQUS: I'm sorry. I had shortened it,
CHIEF JUDGE JONES: That's okay.
JUDGE PORTEOUS: I'm just thinking, Bob. I really
don't have much more for you, if anything.
No, I don't, Bob.
‘Thanks. I have nothing else.
MR. WOODS: Does the Court have any questions?
CHIEF JUDGE JONES: No,-sir.
MR.. WOODS

May he be excused?
CHIEF JUDGE JONES: Yes.
MR, WOODS: We would call Jake Amato.
(Witness being summoned to the stand)
MR. WOODS: Mr. Amato, if you would, come right up
here, sir. ‘he witness table is going to be right here.
THE WITNESS: Good afternoon.
JUDGE LAKE: Please. raise your right hand to be sworn.
Do you solemnly swear that the testimony you
shall give in this proceeding will be the truth, the whole
truth, and nothing but the truth, so help you God?
THE WITNESS: I do.
JACOB J. AMATO, JR., DULY SWORN, TESTIFIED:
DIRECT EXAMINATION

BY MR. WOODS:

Cheryl K. Barran, CSR, CM, FORR 713,250,5585



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JACOB u AMATO JA Je
AMATO & CREELY inuary 20,2002

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es 4519.32
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1111

LAED CM/ECE - Live - Docket Report Page 36 of 52

1794) (dp) Modified on 08/31/2000 (Entered: 02/19/1997)

02/19/1997

370

‘Memo in opposition by plaintiff Lifemark Hospitals to mtn to strike
patently false accusation by df, St. Jude Hospital of Kenner, La., Inc.
(REF 95-3993) (dp) Modified on 02/20/1997 (Entered: 02/20/1997)

02/19/1997

37

Memo in opposition by dft, St. Jude to mtn by pla, Lifemark’s mtn to
strike secitons 11, 11, IV & V of LEI's memo in opposition to pla,
Lifemark's mtn for summary judgment to dismiss mitigation of damages
counterclaim, (REF 94-3993). (dp) (Entered: 02/20/1997)

02/19/1997

372

Motion by plaintiff Lifemark Hospitals in 2:93-cv-01794 and ORDER
for leave to file repy brief to oppositon of dft, Liljeberg to same's mtn to
terminate the contract & mtn for entry of a preliminary injunction or for
alternative relief is GRANTED by Judge G. T. Porteous Jr. Date Signed:
2/20/97 (REF ALL CASES) (dp) Modified on 02/21/1997 (Entered:
02/21/1997)

02/19/1997

37

Motion by defendant Liljeberg Ent Inc and ORDER for expediting hrg on
same’s mtn to remand is GRANTED & set for 3/5/97 at 10:00 a.m.; All
opositions to mtn to remand is due at least 48 hours prior to hrg on the
said mtn; by Judge G. T. Porteous Jr. Date Signed: 2/25/97 (dp) (Entered:
02/28/1997)

02/20/1997

37:

Reply by plaintiff Liferark Hospitals to opposition of dft, Liljeberg
Enterprises’ to same's motion for leave to terminate contract (346-1)
(REF ALL CASES) (dp) Modified on 02/21/1997 (Entered: 02/21/1997)

02/20/1997

374

MINUTE ENTRY (2/19/97): ORDER denying as stip motion by pla,
Lifernark to compel dft, Liljeberg Enterprises and its expert Dr. Amold
Levine to produce computer data files (352-1] by Magistrate Joseph C.
Wilkinson Jr. (REF 93-1793) (dp) (Entered: 02/21/1997)

02/24/1997

375

Memo in opposition by plaintiff Lifernark Hospitals to mtn to remand
filed by defendant Liljeberg Ent Inc (REF 93-1794) (dp) (Entered:
02/26/1997)

02/26/1997

379

MINUTE ENTRY (2/25/97): ORDER that theg motion by dft, Liljeberg
to remand US Bankruptcy Court the mtn to terminate contract filed by
pla Lifemark of LA [378-1] & the motion by dft, Liljeberg in limine to
require Donna Erb to testify at trial about her involvement in the bid-
rigging of the judical sale of the hospital [329-1] are CONT to 10:00 am.
on 3/26/97 by Judge G. T. Porteous Jr. (REF 93-1794) (dp) (Entered:
02/28/1997)

02/27/1997

376

MINUTE ENTRY (2/26/97): ORDER CONTINUING mation by dit,
Lileberg Enterprise in limine to require Donna Erb to testify at trial about
her involvement in the bid-rigging of the judical sale of the hospital [329-
1) previously set for 2/27/97 to 3/26/97 at 10:00 a.m. 3/26/97 by Judge G.
T. Porteous Jr. (dp) (Entered: 02/27/1997)

02/27/1997

37

MOTION by defendant Liljeberg Ent Inc to remand US Bankruptcy
Court the mtn to terminate contract filed by pla Lifemark of LA to be
heard before Judge Porteous at 10:00 3/5/97. (REF 93-1794) (dp)
(Entered: 02/28/1997)

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12:33

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wearin newone

10
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423

being the period of time.
A. I remember him -- asking him -~ I said it was within five
years.
Q. Did you do that on more than one occasion, go to their
office to pick up envelopes?
A. I had one of the attorneys over there doing work for me
that I had to go and pick stuff up from. And I'm not going to
say I've never, ever gone to pick up anything from there,
because I was good friends with the secretary over there. And,
like I said, I had Gary Raphael doing some work for my family;
and I had gone to pick up things from him.
Q. All right. And then there was one other example: We
questioned you before about your recollection of a lunch on
April the 25th of 2000 at Commander's Palace, the day before
‘the judgment was entered in the Liljeberg case on April 26,
2000.
A. I remember.
Q. And you didn't have a recollection.

Have you thought about that? Do you have a
recollection of having lunch on April 25th with Jake Amato at

Commander's Palace?

A. I-don't remember ever -- as I recall, Mr. Petalas asked me
about me going to lunch with Jake; just he and I. I don't
recall of ever going to lunch just Jake and I, The Commander's

Palace lunch, I thought maybe they had confused with his son,

Cheryl K Barron, CSR, CM, FORR 713.250.5585



9:

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1100

LAED CM/ECF - Live - Docket Report Page 25 of 52

08/20/1996

247

RETURN OF SERVICE of subp to John McDaniel; svd 8/16/96. (REF
93-1794) (dp) Modified on 08/21/1996 (Entered: 08/21/1996)

08/21/1996

248

Memo in opposition by defendant Liljeberg Ent Inc to motion for leave to
file 3rd supplemental & amended answer to debtor's mtn to assume
executory contract [234-1] filed by plaintiff Lifemark Hospitals, (REF
94-3993) (dp) (Entered: 08/22/1996)

08/22/1996

250

RETURN OF SERVICE of subp to Kathleen V. Gaudet, LA. Board of
Pharmacy; svd 8/21/96. (REF ALL CASES) (dp) Modified on
08/23/1996 (Entered: 08/23/1996)

08/23/1996

25

MINUTE ENTRY (8/23/96): ORDERED that no later than 8/238/96
counsel must confer & submit to the Court separate letters as sitp by
Magistrate Joseph C. Wilkinson Jr. (REF ALL CASES} (dp) (Entered:
08/26/1996)

08/27/1996

8

Motion by df, St. Jude Hospital and ORDER to extend time to file their
opposition to mtn by pla, Lifemark’s mtn for partial summary judgment is
GRANTED until 8/28/96 by Judge G. T. Porteous Jr. Date Signed:
8/28/96 (REF 94-3993) (dp) Modified on 08/29/1996 (Entered:
08/29/1996)

08/28/1996

253

Amended Witness list submitted by plaintiffs, Lifemark Hospitals &
AMI. (REF 93-1794) (dp) (Entered: 08/29/1996)

08/28/1996

254

Memo by dft, St. Jude Hospital in opposition to motion for partial sum
jjgm {146-1] filed by plaintiff Lifemark Hospitals. (REF 94-3993) (dp)
(Entered: 08/29/1996)

09/03/1996

333

Motion by plaintiff Lifemark Hospitals and ORDER for leave to file
reply to dff, St. Jude's memo in opposition to same’s mtn for summary
judgment is GRANTED by Judge G. T. Porteous Jr. Dave Signed:
9/18/96 (REF 94-3993) (dp) (Entered: 01/10/1997)

09/06/1996

255

MINUTE ENTRY (9/3/96): A Status Conf is set for 3:00 p.m. on 9/19/96
bft Judge in chambers by Judge G. T. Porteous Jr. (REF ALL CASES)
(dp) Modified on 09/09/1996 (Entered: 09/09/1996)

09/06/1996

26:

Motion by dit, St. Jude Hospital and ORDER for leave to file response to
pla, Lifemark’s reply memo concerning pla, Lifemark's mtn for summary
judgment is GRANTED by Judge G. T. Porteous Jr. Date Signed:
9/18/96 (REF 94-3993) (dp) Modified on 09/23/1996 (Entered:
09/23/1996)

09/12/1996

256

Stipulation by defendants, Liljeberg Ent Inc et al. (REF 93-1794) (dp)
(Entered: 09/13/1996)

09/12/1996

26

Motion by dft St. Jude Hospital of Kenner, LA and ORDER for
appearance of Leonard L. Le venson to enroll as additional counsel for
record of same is GRANTED by Judge G. T. Porteous Jr. Date Signed:
9/18/96 (REF 94-3993) (dp) Modified on 09/23/1996 (Entered:
09/19/1996)

09/13/1996

34.

Mation by plaintiff Lifemark Hospitals for exped hrg on same’s mtn to
terminate chart audit and UNSIGNED ORDER. (REF 93-1794) (dp)
Modified on 08/31/2000 (Entered: 01/13/1997)

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we ern aneoene

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474

THE WITNESS: I'm not trying to be deceptive. I
didn’t --.I wouldn't know those dates. I would have to go
back ~~

JUDGE BENAVIDES: Well, if it turns out that it was
before that time and you had a client ~~ your client was not
Creely, it was not Amato, it was not Porteous, it was a client
that you owed fealty and allegiance to and you took an oath to
represent to the best of your ability when you got sworn in to
the Bar in Louisiana, and you knew that an attorney on the
other side had told you that he had been asked for money, you
knew that he had been given -~ that he had given him money,
that he had given -~ in fact, from the way that you described
it as he described Judge Porteous, you would gather that even
this attorney did it and didn't. like Judge Porteous or maybe
loved Judge Porteous. but he didn't like having doing it because
he called him "rotten," you would not feel that you owed a duty
to your client to tell your client that an attorney on the
other side was giving money to the judge?

THE WITNESS: The question --

JUDGE BENAVIDES: Do you have any doubt in your mind,
any doubt in your mind as a professional that you would have no
duty to tell your client?

THE WITNESS: Your Honor, if I --

JUDGE BENAVIDES: Any doubt in your mind? That's my

question.

Cheryl K Barron, CSR, CM, FORR 713.2505585



1098

LAED CM/ECF - Live - Docket Report Page 23 of 52

(Entered: 06/26/1996)

07/01/1996

225

SMOOTH MINUTES: Hrg held 6/28/96 bfr Judge denying motion by
pla, Lifemark Hosptials for reconsideration and for mtn for partial
summary judgment [216-1] & the motion by dft, Liljeberg for partial sum
gm (146-1) is taken under submission by Judge G. T. Porteous Jr. (dp)
‘Entered: 07/02/1996)

07/02/1996

22

&

MOTION by plaintiff Lifemark Hospitals to compel discovery referred to
Magistrate Joseph C. Wilkinson Jr. to be heard before Mag at 11:00
7/1796 (REF: all cases) (gw) (Entered: 07/02/1996)

07/02/1996

2

Sy

MOTION by plaintiff Lifemark Hospitals for leave to take the deposition
of ptys who have already been deposed in case referred to Magistrate
Joseph C. Wilkinson Jr. to be heard before Mag/Judge Wilkinson at
11:00 a.m. (REF ALL CASES) (dp) Modified on 07/03/1996 (Entered:
07/03/1996)

07/09/1996

2:

S

Motion by defendants, Liljeberg Ent Inc and ORDER for exped hrg on
same's mtn to continue the mtn filed by pla to compel discovery agst dfts
Lijeberg Enterprises & St. Jude is unncessary; dfts, Liljeberg Enterprises
& St, Jude may file their oppositions to pla, Lifemark’s mtn comipel on or
bit 7/17/96; min will be decided w/out oral argument by Magistrate
Joseph C. Wilkinson Jr. Date Signed: 7/10/96 (REF ALL CASES) (dp)
(Entered: 07/12/1996)

07/09/1996

23

Motion by defendants, Liljeberg Ent Inc & St. Jude and ORDER for
exped hrg is unnecessary; dfts, Liljeberg & St. Jude may file their written
report to pla's mtn for leave to take the deposition of ptys who have
already been deposed by 7/17/96; said mtn will be be decided w/out on
the briefs w/out oral argument by Magistrate Joseph C. Wilkinson Jr.
Date Signed: 7/19/96. (REF ALL CASES) (dp) (Entered: 07/12/1996)

07/10/1996

&

228

Memo in opposition by plaintiff Lifemark Hospitals to mtn to continue
same’s mtn to compel discovery filed by defendant Liljeberg Ent Inc (dp)
(Entered: 07/10/1996)

07/10/1996

230

MOTION by defendants, Liljeberg Ent Inc & St. Jude to continue min by
pla, Lifemark to compel discovery agst Liljeberg & St, Jude referred to
Magistrate Joseph C. Wilkinson Jr.; no hrg date set - matter will be heard
cn the briefs, w/out oral argument. (dp) (Entered: 07/12/1996)

07/10/1996

23:

8

MOTION by defendants, Liljeberg Ent Inc é& St. Jude to continue mtn for
leave to take the deposition of ptys who have already been deposed by
pla, Lifemark referred to Magistrate Joseph C. Wilkinson Jr. No hrg date
is set (Matter will be heard on the briefs w/out oral argument. (REF ALL
CASES) (dp) Modified on 07/23/1996 (Entered: 07/12/1996)

07/12/1996

23

3

Motion by defendant Liljeberg Ent Inc and ORDER for leave to file
‘supplemental brief is GRANTED by Judge G. T. Porteous Jr. Date
Signed: 7/22/96 (RF 93-1794) (dp) Modified on 07/23/1996 (Entered:
07/23/1996)

07/17/1996

233

Memo in opposition by defendant Liljeberg Ent Inc to motion to compel
discovery [226-1] filed by plaintiff Lifemark Hospitals. (REF 93-1794)
(dp) (Entered: 07/17/1996)

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1092

LAED CM/ECF - Live - Docket Report ” Page 17 of 52

07/06/1995

146

MTN by debtor Liljeberg Ent Inc for partial sum jgm to be heard before
Judge at 8:30 8/2/95 (REF BOTH CASES) (dno) (Entered: 07/10/1995)

07/11/1995

147

MTN by dft Liljeberg Ent Inc for partial sum jgm to be heard before
Judge at 8:30 8/16/95 (REF BOTH CASES) (dno) (Entered: 07/12/1995)

07/25/1995

148

‘Memo in opposition by pla Lifemark Hospitals to both mtns for partial
sum jgm (147-1) [146-1] filed by dft Liljeberg Inc. (REF BOTH CASES)
(dno) (Entered: 07/25/1995)

07/27/1995

149

MINUTE ENTRY( 7/25/95): ORDER & REASONS denying Lifemark
Hospitals’ mtn for review of Mag's order issd on 4/12/95 {129-1}. by
Judge Okla Jones Il (REF BOTH CASES) (dno) (Entered: 07/28/1995)

08/02/1995

150

MINUTE ENTRY (7/31/95): Ordered that the mtn of Liljeberg
Enterprises’ mtn for partial sum jgm set for 8/2/95 will be submitted on
briefs only without oral argument, by Judge Eldon E. Fallon Date Signed:
7131/95 (Ref: 93-1794) (cp) (Entered: 08/02/1995)

08/07/1995

15:

Mtn by dft Liljeberg Ent inc and ORDER for leave to file supp! memo in
support of its mtn for partial sum jgm. by Judge Okla Jones Il Date
‘Signed: 8/15/95 (REF BOTH CASES) (dno) (Entered: 08/16/1995)

08/11/1995

15

MINUTE ENTRY( 8/10/95): Ordered that mtn of Liljeberg Ent will be
submitted on briefs w/o oral argument on 8/16/95 by Judge Okla Jones Il
Date Signed: 8/10/95 (bb) (Entered: 08/11/1995)

08/11/1995

15:

Min by pla Lifemark Hospitals and ORDER for entry of a protective
order as listed, by Judge Okla Jones Il Date Signed: 8/15/95 (REF BOTH
CASES) (dno) (Entered: 08/16/1995)

08/14/1995

15

MIN by pla Lifemark Hospitals for leave to file 2nd suppl answer to
debtor's mtn to assume executory contract referred to Magistrate Joseph
C. Wilkinson Jr. at 11:00 8/30/95 (REF BOTH CASES) (dno) (Entered:
08/14/1995)

08/15/1995

154

‘Supp! Memorandum by dft Liljeberg Ent Inc in support of its mtn for
partial sum jgm [147-1]. (REF BOTH CASES) (dno) (Entered:
08/16/1995)

08/15/1995

156

Re-notice of Hearing by pla Lifemark Hospitals setting its mtn for leave
to file 2nd suppl answer to debtor's mtn to assume executory contract
[152-1] at 11:00 8/30/95 bf Mag Wilkinson. (REF BOTH CASES) (dno)
(Entered: 08/16/1995)

08/21/1995

157

Letter to MAg Lemelle from atty Don Richard dtd 8/4/95 re 7/25/95
order issued by Judge Jones. (REF 93-1794) (dno) (Entered: 08/21/1995)

08/22/1995

158

Memo in opposition by defendant Liljeberg Ent Inc to motion for leave to
file 2nd suppl answer to debtor's mtn to assume executory contract (152-
1) filed by plaintiff Lifemark Hospitals (REF: BOTH CASES) (pck)
(Entered: 08/22/1995)

08/25/1995

159

MINUTE ENTRY( 8/24/95): ORDERED that pla Lifemark's mtn for
leave to file 2nd suppl answer set for 8/30/95 is submitted on briefs a8
stip. by Magistrate Joseph C. Wilkinson Jr. (REF BOTH CASES) (dno)
(Entered: 08/25/1995)

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1107

LAED CECE - Live - Docket Report Page 32 of 52

same's mtn for additional - limited chart audit - will be heard on the briefs
wout oral argument - written opposition, if any, must be filed on 1/3/97
is GRANTED by by Magistrate Joseph C. Wilkinson Jr. (REF 93-1794)
(dp) Modified on 12/19/1996 (Entered: 12/19/1996)

12/18/1996

32:

MOTION by defendant Liljeberg Ent Inc for additional - limited chart
audit referred to Magistrate Joseph C. Wilkinson Jr.; no hrg date set
matter will be heard on the briefs. ( See doc #322) (REF 93-1794) (dp)
Modified on 12/19/1996 (Entered: 12/19/1996)

12/23/1996

324

MINUTE ENTRY (12/17/96): ORDER that the motion by Liljeberg
Enterprises & St. Judge under all writs act to require Lifemark Hospitals,
Inc. to cause unsealing of record of civil aciton agst Jones, Walker,
Waechter, et al and for alternative relief [316-1] previously set for
12/18/96 to 9:00 a.m. on 1/15/97 is GRANTED by Judge Eldon E.
Fallon. (REF 93-1794) (dp) Modified on 12/23/1996 (Entered:
1223/1996)

12/23/1996

325

MOTION by plaintiff Lifemark Hospitals in 2:93-cv-01794 for summary
judgment on dft's mitigation of damages counterclaim to be heard before
Judge Porteous at 10:00 a.m. on 1/8/97. (REF 94-3993) (dp) (Entered:
12/26/1996)

12/30/1996

33

s

Motion by dft, St. Jude Hospital and ORDER to continue the motion by
pla, Lifemark for summary judgment on dft's mitigation of damages
counterclaim [325-1] previously set for 1/8/97 is reset to 10:00 a.m. on
1/22/97 is GRANTED by Judge G. T. Porteous Jr. Date Signed: 1/6/97
(REF 94-3993) (dp) Modified on 01/08/1997 (Entered: 01/08/1997)

01/02/1997

32!

8

MOTION by defendant Liljeberg Ent Inc in 2:93-cv-01794 in timine to
require Donna Erb to testify at trial about her involvement in the bid-
rigging of the judical sale of the hospital to be heard before Judge
Porteous at 10:00 a.m. on 1/22/97. (REF ALL CASES) (dp) (Entered:
01/03/1997)

01/03/1997

328

Memo in opposition by plaintiff Lifemark Hospitals to mtn by dts,
Liljeberg for additional chart audit filed by defendants, Liljeberg Ent Inc
(REF 93-1794) (dp) (Entered: 01/03/1997)

01/07/1997

33:

&

Mation by defendant Liljeberg Ent Inc and ORDER to continue the
motion by same under all writs act to require Lifemark Hospitals, Inc. to
cause unsealing of record of civil aciton agst Jones, Walker, Waechter, et
al and for alternative relief {316-1] previously set for 1/15/97 at 9:00 to
1/15/97 at 3:30 p.m. is GRANTED by Judge Eldon E. Fallon. (REF 93-
1794) (dp) (Entered: 01/10/1997)

01/07/1997

33:

S

Motion by plaintiff Lifernark Hospitals and ORDER to continue same's
motion for entry of preliminary injunction or for alter relief (326-1)
previously sé tfor 1/22/97 to 2/5/97 at 10:00 a.m. is GRANTED by Judge
G. T. Porteous Jr. Date Signed: 1/8/97 (dp) (Entered: 01/10/1997)

01/08/1997

33

RETURN OF SERVICE of subp to Lifemark Hospitals; svd 1/7/97.
(REF 93-1794) (dp) (Entered: 01/08/1997)

01/08/1997

34

Supplemental Response by plaintiff Lifemark Hospitals. (REF 93-1794)
(dp) (Entered: 01/13/1997)

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‘THE WITNESS: Well, then, he must have given me that
much in cash. .But, I mean, I don't recall that much cash.

CHIEF JUDGE JONES: But just a few minutes ago you
could hardly recall receiving any cash. And this is —-

THE WITNESS: Well, I don't. Because it was so long
ago, I xeally don't remember how much he would have given me in
+99 -—

CHIEF JUDGE JONES: Are you still doing that today?

THE WITNESS: I'm sorry, ma'am?

CHIEF JUDGE JONES: Are you still doing that today for
Judge Porteous?

THE WITNESS: Paying his bills?

CHIEF JUDGE JONES: Yes, ma'am.

THE WITNESS: No, ma'am.

CHIEF JUDGE JONES: None?

THE WITNESS: If I do, it's like maybe for the linen
account or if I go pick up stamps or something like that. It's
all — it would all be minimal.

JUDGE BENAVIDES: And in the year 2000, if your
records from your check -- checking account and Judge Porteous"
accounts reflect that you paid bills for him in excess of the
amount. of checks that he gave you, that would also be because,
if you're even, that he made.it up in cash. Is that correct?

THE WITNESS: I guess it would have to be if it

doesn't show in checks.

Cheryll K Barron, C5R, CM, FOR 713.250.5585



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1124

LAED CMIECF - Live - Docket Report Page 49 of 52

trial [497-1] filed by plaintiff Lifemark Hospitals of LA, Lifemark
Hospitals, Inc. Tenet Heatthcare, & Amer Medical Intl. (REF: ALL
CASES) (rg) (Entered: 09/05/2000)

09/07/2000

MOTION by debior Liljeberg Ent Inc and St. Jude Hospital to execute
judgment & alter to increase dfs security for stay of execution of
‘enforcement to be heard before Judge Porteous at 10:00 9/27/00. (REF:
ALL CASES) (rg) (Entered: 09/08/2000)

09/07/2000

ka
a

Motion by defendant Liljeberg Ent Inc and ORDER for leave to file reply
to dfts' opp to pla's mtn for proto ; by Judge G. T. Porteous Jr. Date
Signed: 9/11/00 (REF: ALL CASES) (rg) (Entered: 09/12/2000)

09/08/2000

Mail Returned [500-1} appeal addressed to attorney John Flowers (rg)
(Entered: 09/08/2000)

09/11/2000

Reply by defendant Liljeberg Ent Inc to opp response to motion for
protective order [498-1] (REF: ALL CASES) (rg) (Entered: 09/12/2000)

09/12/2000

§

Motion by plaintiff Lifemark Hospitals of LA, Lifemark Hospitals, Inc,
Amer Med Intl, & Tenet Healthcare and ORDER for leave to file

response memo in support of mtn for new trial ; by Judge G. T. Porteous
Jr. Date Signed: 9/13/00 (REF: ALL CASES) (rg) Entered: 09/14/2000)

09/13/2000

Mail Returned [507-1] minute entry addressed to attorney John Flowers
(rg) (Entered: 09/14/2000)

09/14/2000

52!

Response Memorandum by plaintiff Lifemark Hospitals of LA, Lifemark
Hospitals, Inc, Amer Med Intl, & Tenet Healthcare Corporation in
support of {497-1} their motion for new trial (REF: ALL CASES) (rg)
(Entered: 09/14/2000)

09/19/2000

SMOOTH MINUTES: Reported/Recorded by Karen Ibos; Hrg held
9/13/00 on motions: Liljeberg's motion to stay execution of jgm & to
dispense w/supersedeas bond [503-1]; ORDERED: the execution & all
proceedings for the enforcement of the portion of the amd jgm entered
8/1/00 agst Liljeberg Ent is stayed w/o a supersedeas bond until the Court
enters final jgm adjudicating the post trial damage claims; Pla Lifemark
Hospitals, Inc., Lifemark of LA, Amer Med Intl, & Tenet Healthcare's
mtn for a new trial or alter to amd findings & jgm; ORDERED: pla's mtn
for new trial is denied; pla's mtn to amd findings & jgm is denied [497-
1}; Liljeberg's motion for protective order; ORDERED: taken under
submission. [498-1]; by Judge G. T. Porteous Jr. (REF: ALL CASES)
(rg) (Entered: 09/19/2000)

09/19/2000

Motion by Lifemark Hospitals of LA Inc, Lifemark Hospitals Inc, Amer
Med Intl & Tenet Healthcare Corp and ORDER that exp hrg on their mtn
to approve supersedeas bond will be heard on 9/27/00 at 10:00 am by
Judge G. T. Porteous Jr. Date Signed: 9/20/00 (REF: all cases) (gw)
Modified on 10/13/2000 (Entered: 09/21/2000)

09/20/2000

532

MOTION by Lifemark Hospitals of LA Inc, Lifemark Hospitals Inc,
Amer Med Int! & Tenet Healthcare Corp to approve supersedeas bond to
be heard before Judge at 10:00 9/27/00 (REF: all cases) (gw) (Entered:
09/21/2000)

https://ecf.laed.uscourts.gov/cgi-bin/DktRpt.pl?98 508786861 7914-L_353_0-1 10/22/2007


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much, May, June, July, August, September, October, November,

December?

A, Yes.

Q. How many times did Judge Porteous pay?

A. I don't know. I don't -- I just don't know.

@. Where did you noxmally go?

A, We would go to Red Maple. We would go to the Beef

Connection. We would go to Chris'. We would go to Mother's

Restaurant. We would go --

Q. Smith & Wollensky? Ruth's Chris?

A. I think ~~ I think we've been to Smith & Wollensky, if I'm

not mistaken. I think we —- we used to like to go to

Fitzgerald's. There's a couple places on the West Bank; but, I

mean, I ~~

Q. Were the bills usually a hundred or more?

A. Whatever lunch was. I ~~

Q. And did Porteous -- Judge Porteous pay for half those?

A. No.

Did he pay for one fourth of those?

A. No. He probably paid for one or two of them.

Q. Okay. Thanks.
MR. WOODS: That document that we just used was Bates

Stamped 522 out of Exhibit 17. Thank you.

BY MR. WOODS:

Q. And, Mr. Amato, the closest you can estimate is

Cheryl! K. Barron, CSR, CM, FRR 713.250.5585





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they won. It was just a flat contingency fee.

CHIEF JUDGE JONES: Right.

‘THE WITNESS: And I don't remember what the nunber
was. It was a small percentage, I believe. I want to say,
4 percent or Levenson and our firm split 10 percent, something
Like that. I don't remember the exact amounts.

- So, please don't hold me to that. Mr. Amato
could probably better tell you that.

CHIEF JUDGE JONES: All right. Judge Porteous, do you
have questions?

JUDGE PORTEOUS: Just briefly, your Honor.
If the witness doesn't mind -~ I've known him this long. Tf the
Court doesn't mind, I have a hard time calling him Mr. Creely.
Do you mind if I call him Bob?

CHIEF JUDGE JONES: Whatever you want.

(CROSS-EXAMINATION

BY JUDGE PORTEOUS:
Q. Is that comfortable with you, Bob?

A. Yes.

2

|. Okay. I know you're uncomfortable, and rightfully so.
Let me ask you this, Were you interviewed by the

FBI when I was applying for this job?

A. Yes, sir.

Q. And did they ask you about my background?

A. Yes, sir.

Cherylt K, Barron, CSR, CM, FORR 713.250.5585



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AL 194.
BY MR. WOODS:
Q. Yeah. Judge Porteous took the

A. Okay. Yeah. Right.
Q. =~ federal bench in '94.
A, I'm trying to -- I said definitely after she left, but no

more

no more after that.

So, yeah, it would be before he came to the
federal bench, obviously.
Q. All right. Now, on the federal bench, after '94, were

there occasions ~-

JUDGE BENAVIDES: Before we -- excuse me.

MR. WOODS: Excuse me.

JUDGE BENAVIDES: I have some questions I just want to
get cleared up before we go on to the time period of the
federal bench.

One thing, you said a "goodly portion." Are you
talking — if we want to get more specific, was it more than
50 percent or more than 75 percent of the fee would be paid
back?

THE WITNESS: Judge, I can't ~~ I didn't hear that. I
am very sorry.

JUDGE BENAVIDES: Would it be more than 50 percent or
more than 75 percent of the curatorship fee?

THE WITNESS: Be more than 50 percent.

Cheryl! K. Barron, C5R, CM, FOR 713,250,5585



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THE WITNESS: Yes. I mean, there may have been,
like —~

JUDGE LAKE: Listen to my question. I didn't ask you
to ramble. These questions can be answered: by a "yes" or "no."
I'LL remind you that you're under oath and if you give untrue
answers you're going to be prosecuted for perjury. Now listen
carefully.

THE WITNESS: I understand.

JUDGE LAKE: Is it your testimony that, of all the
checks you wrote on Judge Porteous’ behalf, you were reimbursed
by him?

‘THE WITNESS: Yes.

JUDGE LAKE: And part of that reimbursement was in the
form of checks written by Judge Porteous to you. Is that
correct?

THE WITNESS: Yes.

JUDGE LAKE: All right. Therefore, necessarily, the
walance of the funds you wrote, the checks you wrote for him,

would have been paid by Judge Porteous to you in cash, "yes" or

no"?
THE WITNESS: Yes.
JUDGE LAKE: And that would be true for the years 1999
and 2000. Is that correct?
‘THE WITNESS: Yes, sir.
JUDGE LAKE: Thank you.

Cheryl K Barron, CSR, CM, FCRR 713.250.5585



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A. Yeah. As briefly as I can, it is a court appointed
attorney that the — that the district court, Jefferson Parish,
or surrounding parishes or counties would appoint an attorney
to represent an absentee defendant.

JUDGE BENAVIDES: Had Judge Porteous ever appointed
you as a -- or assigned you a curatorship prior to the time
that you indicated to him that you were not going to give him
any more money?

THE WITNESS: Judge, I'm sorry. I didn't hear that.
bid -- was the question did Judge Porteous ever do that?

JUDGE BENAVIDES: Yeah. Had he assigned you to be a
curator or would he make you a curator prior to the time that
you told him that you were not going to give him any more
money?

THE WITNESS: I don't recall. I'm sure he may have
sent me a curator or two, you know, as a -- but I don't recall
specifically getting any. And -- okay.

JUDGE BENAVIDES: And, then, after that time

I
think we're to the point where Mr. Woods is talking about those
curatorships. How often would you then -~ after you told him
you weren't going to give money, how frequently would you
receive these curatorships from --

THE WITNESS: I think I indicated they were often.
Okay? I can't tell you exactly how many there were. There

were a bunch of them. Not a “bunch,” but there were a lot of

Cheryl K Barron, CSR, CM, FCRR 713.250.5585



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them except for the Sheetrock guy for $321 which you paid for?
A. That is correct.

Q. Okay.

A. I did not know why the Sheetrock guy was not; but he
refused to do work for me, and my secretary ended up paying
him,

Q. Okay. ‘Then you related an incident when Bob Creely called
you and said, "That rotten bastard called me up today, and he

wants some money for his son to help him extern"; and you said,

“He asked me, too; and I gave him some -~ I don't know ~~ a
couple of hundred dollars," and that you tried to look for a -~
for a check or something to verify that but you weren't sure if
you could find a check. Is that correct?

A. I looked, I didn't find one. But I did give a couple of
hundred dollars for the extern, yes, sir.

Q. Okay. Who did you give that to?

A, I can't remember if I gave it to Judge Porteous or his
secretary or Timmy. I really cannot, but I did give it.

Q. ‘Was Rhonda collecting the money for that externship? Do
you recall that?

A, To be honest, I don't know if she was collecting it.

Q. Okay. Did you ever give her cash for Porteous?

A. As I stated in my grand jury, there were always raffle
tickéts to St. Clement of Rome, there was tickets for Tom's

kids, for Rhonda's children, and I gave cash for those tickets

Cheryl! K Barron, CSR, CM, FORR 713.250.5985



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Do you solemnly swear that the testimony you
shall give in this proceeding will be the truth, the whole
truth, and nothing but the truth, so help you God?

THE WETNESS: I do.

JUDGE LAKE: Be seated, please. Right there.

DON GARDNER, DULY SWORN, TESTIFIED:
DIRECT EXAMINATION
BY JUDGE PORTEOUS:
Q. State your name for the record, please.
A. Don Gardner, G-A-R-D-N-E-R.

JUDGE PORTEOUS: Now, again, Mr. Woods, I assume
Mc. Gardner is likewise testifying with a grant of immunity.

MR. WooDS: Yes. And here it is, for your —

JUDGE PORTEOUS: Give it to Mr. Gardner.

MR. WOODS: He's been provided a copy of that
previously. We've never been able to meet and discuss; but
he's been provided a copy of that, and he understands that any
interview that we would have conducted with him today would
have been under that inmunity.

BY JUDGE PORTEOUS:

Q. Do you understand, Mr. Gardner?

AL Ido.

Q. The only thing you -~ you must tell the truth. You
undersgand that?

A. I do.

Cheryl! K Barron, CSR, CM, FORR 713.250.5585

HP Exhibit 32


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all my years of having dealt with you as a friend, as a judge,
as a DA.

Q. Did you tell them that it made no difference that Amato was
on the other side, or Levenson?

A, I told them that I didn't think -- they thought it would
influence them. I didn't -- I told them I didn't think that it
in any way would affect the outcome of the case.

Q. All right. And you had -~ and we've seen it, it's in the
record -~ a contract with Mr. Mole for your fee?

A. Idid. Tt was a unilateral contract presented to me by the
firm.

Q. And one of the elements was that if you -- you got a
bundred straight up?

A. Correct.

Q. And if I withdrew, you got another hundred?

A. I believe that's correct, but I haven't looked at the
contract in awhile, There was a provision for that.

Q. Did you ever make me aware of that -~

A. No.

Q. -- so that you could get this extra hundred?

A, I never discussed that contract with you or made you aware
of any of that.

Q. And during the course of your practice, did I appoint you
as a curator a lot of times?

A. You did.

Cheryll K Barron, CSR, CM, FCRR 713.250.5585



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Q. In fact, I think you've categorized during some of your
grand jury testimony that I was going to do the right thing.

A, «I always told my clients, other lawyers, and people I have
dealt with that I have always known you to do the right thing.
Q. And in this case I did ultimately rule in Liljeberg's
favor?

A. That's correct.

Q. Now, would you categorize this as a fairly complex case?

A. Extremely complex.

Q. And it probably had hundreds, if not thousands, of pages of
exhibits?

A. When the case was over with, they came to my office. I
told them I didn't want the file anymore, and they brought a —-
not a tractor trailer but the next size smaller to get all the
records. I told them I didn't want any -- I'm out, I'm
finished, take it, git rid of it, I don't want to ever see it
again.

But there were thousands of documents. ‘There
were thousands of chart audits. It was a very complicated
case. Tenet did everything possible to hide the facts, hide
how they were stealing from the Liljebergs, how they
manipulated the transfer of the hospital, and how they were
trying to steal the pharmacy contract.

Q. Now, ultimately, post trial memoranda were. filed?

A. Absolutely.

Cheryll K. Barron, CSR, CM, FCRR 713.250.5585



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Q. Do you see that entry —~

A. Uh-huh.

Q. - on Bates Stamp Number 463, a luncheon at Commander's
Palace on April 25th, $140?

A. Right.

Q. Does that refresh your recollection as to that calendar
entry on April 25th?
A, I can't tell from that. TI can't tell if I had lunch with
Tom Reagan or if I had lunch with somebody else who was on that
slip.
. And on Page 464 of that exhibit, we have the Commander's
Palace, the American Express records. The meal was 110 and the
tip was 30: Is that -~
A, Still doesn't help.
Q. Is doesn't refresh your recollection as to the luncheon?
A. No. I -- I ate a lot out. I eat a lot of lunches out, and
I just can't tell that -- who was there. I might have given my
secretary my credit card to-go to Comander's Palace. I just
can't answer it. I just -- I'm trying the best I can.
Q. And it's just coincidence it's the day before the judgment
is entered on the 26th?

If Rhonda Danos testified that she brought the
judgment to you, that doesn't refresh your memory?
A. No, it doesn't; but it doesn't mean it didn't happen. I

just don't recall.

Cheryl K, Barron, CSR, CM, FORR 713.250.5585



03:53

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Q. All right. And this was in the summer of '99?
A. If -- I can't give you a date; but it was ~~ it was in that
area, I would imagine. I don't know the exact date. I mean —-
Q. And were you aware -- excuse me. I didn't mean to step on
your answer.
A, That's okay.
Q. Were you aware that Jake Amato had a large case pending in
front of Judge Porteous at that time?
A. Yes.
MR. WOODS: May I have one moment, your Honors?

(Sotto voce discussion between counsel)
BY MR. WOODS:
Q. Mr. Creely, are you aware of the name or the style of that
case that Mr. Amato had pending in front of Judge Porteous?
A, Liljeberg versus Tenet, something to that effect.
Q. And you had attended some of those hearings and watched as
a spectator?
A. Probably very brief periods, yes. I would come in and out
of ~~ and, you know -~ and if you -~ do you want to know the
reason why?
Q. Well, the point I'm trying to make is you were not an
attorney on the case, even though you were law partners with
Amato; and you did attend and were familiar with the fact that
he was representing one of the parties?

A. I didn't understand the theory of the case. Nobody has

Cheryll K Barron, C5R, CM, FRR 713.250.5585



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And Judge Porteous has some objections he wants
to raise as to the grand jury testimony.

CHIEF JUDGE JONES: All right.

JUDGE LAKE: So, 1 through 96, you're offering?

MR. WOODS: Yes, your Honor.

JUDGE PORTEOUS: Only two objections in general. One
is to the admissibility of those grand jury transcripts.
People have come in and testified. Now, the ones that are
stipulated to, obviously they'll go in, Mr. Levenson --

MR. WOODS: Forstall.

JODGE PORTEOUS: -- Forstall, and Mr. Beaulieu, which
is a 302. But the others, I would object to. They clearly are
hearsay, and they were not subject to cross-examination.

And on 91 through 96, which are the summaries, I
would like the underlying documentation, the forms and stuff,
made part of the record.

MR. WOODS: We have no objection to that. lets
speaking of the exhibits against the wall, which are on a
separate exhibit list that's been provided, called "Underlying
Documents." We have no objection to those being admitted into
evidence.

JUDGE LAKE: Where do you intend to keep -- to lodge
the universe of adnitted documents for purposes of the record?

MR. WOODS: I presume it's going to have to be here,

in the Fifth Circuit somewhere, your Honor.

Cheryl K Barron, CSR, CM, FORR 713.250.5585



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Q. Okay. Now, if you would, just relate —~ because I was not
familiar with this separate incident you're talking about where
you personally gave two or three thousand dollars to the judge.
I thought it was a joint thing between you and Creely.

Would you tell the Committee how that came about?
You got the request on the boat, from the judge?
A. Yeah. I don't know if -- if I told Bob about it or not. I
just don't -~ I just do not know. I -- you know, probably I
did. I just don't recall how the two or three thousand dollars
got together.
Q. But it came from the law firm, is that correct, as a draw?
A. Yes. All my income is from the law firm.
Q. And you're paying income tax on the draws?
A. Absolutely.
Q. And then you gave two or three thousand dollars, you
personally gave that to Judge Porteous?
A. Right.
Q. Okay. And this wasn't one where you and Creely put it in
an envelope and gave it to Rhonda Danos; that's a separate
incident?
A. I can't “- I don't -- no, I don't think that's the same
incident.
Q. Okay. Now, Mr. Amato, did you become involved in a case
called the Liljeberg?
A. I sure did.

Cherylt K Barron, CSR, CM, FORR 713,250,.5585



1104

LAED CM/ECF - Live - Docket Report Page 29 of 52

Modified on 10/21/1996 (Entered: 10/21/1996)

10/11/1996

29

‘Memo in opposition by plaintiff Lifemark Hospitals to mtn by dft,
Liljeberg Enterprises for review of Mag/Judge's order by defendant
Liljeberg Ent Inc. (REF ALL CASES) (dp) (Entered: 10/11/1996)

10/11/1996

292

Trial deposition designations by plaintiff Lifemnark Hospitals. (REF ALL
CASES) (dp) (Entered: 10/11/1996).

10/11/1996

29

&

Motion by plaintiff Lifemark Hospitals and ORDER for leave to file
reply memo to Liljeberg Ent Inc’s opp to its mtn to recuse by Judge G. T.
Porteous Jr. Date Signed: 10/15/96 (REF: ALL CASES) (gw) (Entered:
10/17/1996)

10/15/1996

29:

RETURN OF SERVICE of subp to Lifemark Hospitals of LA, Inc. svd
10/15/96. (REF ALL CASES) (dp) Modified on 10/16/1996 (Entered:
10/16/1996)

10/15/1996

300

Motion by debtor Liljeberg Ent Inc and ORDER for leave to file response
to pla, Lifemark's reply memo on mtn to recuse is GRANTED by Judge
G. T. Porteous Jr. Date Signed: 10/17/96 (REF ALL CASES) (dp)
(Entered: 10/21/1996)

10/15/1996

30)

Motion by plaintiff Lifemark Hospitals and ORDER for leave to file
reply briefs is GRANTED by Judge G. T. Porteous Jr. Date Signed:
10/17/96 (REF ALL CASES) (dp) (Entered: 10/21/1996) .

10/16/1996

294

Memorandum by plaintiff Lifemark Hospitals in support of same's
motion to compel payment of audit costs [282-1] (REF ALL CASES)
(dp) (Entered: 10/16/1996)

10/16/1996

297

Reply memo by plaintiff Liferark Hospitals to Liljeberg's opp to its
motion to recuse [277-1] (REF: ALL CASES) (gw) (Entered:
10/17/1996)

10/16/1996

33!

Motion by debtor Liljeberg Ent Inc and ORDER for leave to file reply
memo for partial summary judgment is GRANTED by Judge G. T.
Porteous Jr. Date Signed: 1/8/97 (REF 93-1794)(dp) Modified on
01/10/1997 (Entered: 01/10/1997)

10/17/1996

298

SMOOTH MINUTES: Hrg held 10/16/96 bfr Judge denying motion by
pla, Lifemark Hospitals to recuse [277-1] by Judge G. T. Porteous Jr.
(dp) (Entered: 10/18/1996)

10/17/1996

303

MOTION by debtor Liljeberg Ent inc in 2:93-cv-01794 for review Mag's
order quashing the deposition of Tenet Health System Hospital to be
heard before Judge Porteous at 9:30 a.m, on 10/23/96 (REF ALL
CASES) (dp) Modified on 10/21/1996 (Entered: 10/21/1996)

10/17/1996

306

Memo in opposition by Liljeberg Ent Inc to reply memo of plaintiff
Lifemark Hospitals on mtn to recuse. (dp) (Entered: 10/21/1996)

10/17/1996

30’

Reply BRIEF FILED by plaintiff Lifemark Hospitals to same's mtn for
partial summary judgment on the issue of damage to Liljeberg's business
reputation. (REF ALL CASES) (dp) Modified on 10/22/1996 (Entered:
10/22/1996)

hitps://ecf.laed.uscourts.gov/egi-bin/DktRpt.p!?985087868617914-L_353_0-1 10/22/2007


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886

THE WITNESS: Yes, I am.

JUDGE BENAVIDES: All right. If you take your
relationship away in this case, as an experienced lawyer, and
you had another judge that was involved in a case where that
judge had been a partner with opposing counsel, where opposing
counsel had given money over the years, twenty to thirty
thousand, never repaid, had assigned curatorships over time
with the understanding that the money that was coming from
those court cases was going to be returned and you were aware
and knew that the judge had that relationship with your
opposing counsel, would you not file a motion to recuse?

THE WITNESS: I'm sure I would.

JUDGE BENAVIDES: And would you expect that a
reasonable person, fully aware of all the information, would

have -- could draw a conclusion, a reasonable and probable

conclusion not necessarily that there is bias but -- but that

it would certainly give an appearance of impropriety and that
the judge should recuse himself?

‘THE WITNESS: Yes.

JUDGE BENAVIDES: All right. So, in your
circumstances now, putting yourself in that Liljeberg case, you
were in -- kind of in a box there. You had received a copy of
the motion and you knew that they were trying to recuse him and
you knew that in their memorandum of their support of their

motion to recuse they had reflected and written down the

Cheryl K. Barron, C5R, CM, FORR 713,250,585



1096

LAED CMECF - Live - Docket Report Page 21 of 52

02/21/1996

200

Objections by plaintiff Lifemark Hospitals in 2:93-cv-01794 to
deposition subp. (dp) (Entered: 02/21/1996)

02/21/1996

201

RETURN OF SERVICE of subp to Brian Hannah; svd 2/16/96. (dp)
(Entered: 02/22/1996)

02/21/1996

202

RETURN OF SERVICE of subp to Joann Slocolm; svd 2/19/96. (dp)
(Entered: 02/22/1996)

02/22/1996

203

RETURN OF SERVICE of subp to Bristol-Myers Squibb Co., Inc on
2/16/96. (dp) (Entered: 02/22/1996)

03/01/1996

20:

Motion by dfts Lifemark Hosp of LA Inc, Lifemark Hosp Inc, Amer Med
Int! Inc & Stephen Faucheaux and ORDER for leave to file amd answer
to cmp for TRO & prelim inj by Liljeberg Ent Inc by Judge G. T.
Porteous Jr. Date Signed: 3/4/96 (REF: 95-2922) (gw) (Entered:
03/06/1996)

03/04/1996

204

ORDER Pre-Trial Conference cont to 9:00 10/18/96; Non-jury Trial cont
to 10:00 11/4/96 ; all deadlines are to be rescheduled with reference to
this new trial date by Judge G. T. Porteous Jr. Date Signed: 3/4/96 (REF:
93-1794) (gw) Modified on 03/06/1996 (Entered: 03/06/1996)

03/04/1996 *

206

AMENDED ANSWER by dfts Lifemark Hosp of LA Inc, Lifemark Hosp
Inc, Amer Med inti Inc & Stephen Faucheaux. (REF: 95-2922) (gw)
(Entered: 03/06/1996)

03/06/1996

207

Amd Witness list submitted by defendant Liljeberg Ent Inc (REF: 93-
1794 & 93-4249) (gw) (Entered: 03/06/1996)

03/18/1996

203

Motion by Lifemark Hospitals & Lifemark Hospitals of Louisiana, Inc
and ORDER withdrawing attorney ( attorney Moise S. Steeg Jr. attomey
Charles L. Stern & & Steeg & O'Connor ) by Judge G. T. Porteous Jr.
Date Signed: 3/18/96 (REF; ALL CASES) (pck) Modified on 03/21/1996
(Entered: 03/21/1996)

03/18/1996

20!

Motion by plaintiff Lifemark Hospitals and ORDER to withdraw
attorneys, Moise S. Steeg, Jr. & Charles L. Stern, Jr. of the firm of Steeg
& O'Connor for same is GRANTED by Judge G. T. Porteous Jr. Date
Signed: 3/19/96 (REF 94-3993) (dp) Modified on 05/10/1996 (Entered:
03/21/1996)

04/04/1996

au

3

Motion by plaintiff Lifemark Hospitals and ORDER that attorneys Miles
Paul Clements, Joseph Nicholas Mole, Michael Raudon Phillips be
enrolled as counsel for same by Judge G. T. Porteous Jr. Date Signed:
4/9/96 (REF: 93-1794, 93-4249, 95-2922) (jd) (Entered: 04/10/1996)

04/12/1996

2

Motion by plaintiff Lifemark Hospitals and ORDER to enroll Miles P
Clements, Joseph N Mole & Michael R Phillips as counsels of record by
Judge G. T, Porteous Jr. Date Signed: 4/15/96 (REF: 94-3993) (gw)
(Entered: 04/16/1996)

04/19/1996

212

Motion by defendant Liljeberg Ent Inc and ORDER for appearance of
Hans Joseph Liljeberg as additional co-counse! for same is GRANTED
by Judge G. T. Porteous Jr. Date Signed: 4/22/96 (dp) (Entered:
04/23/1996)

https://ecf.laed.uscourts. gov/cgi-bin/DktRpt.p!?985087868617914-L_353_0-1 10/22/2007


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= $23.28 so $21.95
rn no, m0
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roxsrecy 00 fom wo severe
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von 8.0 not 2 a.
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a $172.55



970

Basics
Recrece | hee
tose | iste serotonin owes erates
CARO NUMBER
jsor2s2 | 33 Papawea, papas uA
wigong20901 O00 08/19/98 62.58
sorzas | 24] senrucer’s "RESTAURAGARVEY
‘Foo0veev ea/20/99] 118.49
sora | as 3" Lar AYETTE
‘O7aSa9808 FOoO/eEV 08/21/99) 138.17
s0r23¢ | 36 | 1700 HICKORY. ont tA
exRCO .  4aa9eas2¥7529452405 1460 08/21/99] 43.47 [43150
jsov2se | 97 | CHILE'S RESTAURANT CLAFAVETT ifs
sovz98 33468387 £000) 08/21/99
: 38 | wine tA
‘001260372 000/06 08/21/98 per eeso
sov2a5 | 39] exxon company usa” vBREAUX Baroce | "YA. 130
FUEL/MISG. 7558190329 08/22/99 Ls
sor235 | 20 EXXON Compan usa BRioGe LA
RON EUEL/MISC.. 7558190329 08/22/99 fF s#so -
soraas | 41 | rt Tow wore F000. aU)
"300818336. RESTAURAD 08/22/99
sora | aa | arta r, INGTON a0
354409 COOSPACCOOS TBBCREELY, 08/23/99 L sa’
jsor240 | 43 | 1700. TCKORY. AVE. ORLEANS, so
KACO 0 44998452173240995052744 08/27/99 fst
jsor2a1 aa] murt’s PawtLy SEArOOVvIOLET
1927 118054 FOO0/SeVERACE 08727799)
sorze1 | a5 | reaosory A so
G65209795 NONOMLINE BILLING 8/89 08/29/90 jot
sorzea | 6 | ontsds METAIRIE rey
80025 Foco/Bey 08/30/98
soizs | 47 1700 rekon RYE. NEM ORLEANS 30
‘Texaco. 4a9866a7175246526085659 09/02/99 jst
sores | 26] cortwa out HARVEY i
‘0014009 £:000/08 09/02/99
sorza9 | a9] wrimens HARAHAN if
‘con “000/SEVERAGE 09/64/99
Jsoiza9 | 50] Le BLANC'S RESTAURANGRE TNA
3 09/03/99]
501209 | 51] oRavO CUCINA NETAIRINETAIRIE ity
B 000" 09/64/09)
sorasa |. sa] macs 6. naRvEY
1980801008 FOOO/EEVERAGE 09/08/93
jsoras« | sa | s0l9,JerreRson tay a if 130
4 aaonbaagaeaeza 1010716 os/to/se Ls
lsorass | se | sanuna Restaunawt META tn
‘001883186 RESTAURANT 09/41/98 48.55
sos? | 5s EAS PALACE NEW GRLEANS
1291313601 FOOO/BEvERAGE ce/tovee| 329.25
jsoras7 | 56 HARVE i
1991801002 FOOD/BEVERAGE 09/13/99 34.09
lsozse | 57 | cHina Date Han ray
(001530009, F000/9eVERAGE 09/4799} 25.35
jsor2se | sa | 9920. JEFFERSON, rw HARAFAN
Te '22998272095256338000247 09/14/98 47.26 | 5159
sovzs9 | 59 HAN HARARAN iH
2"F000/ BEVERAGE 09715799 74,20
TOTAL FOR ROBERT G CREELY 981.63 5.00
no vase nase
ee a a
7a Bs tata Tama ee
co oy
ve nsnens ne a
= 323.50

$c00440


03:47

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03:47

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u
12
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15
16
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18
19
20
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22
23
24
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848

212

Q. Okay. what ~~

JUDGE BENAVIDES: Who advised you of that? Mr. Amato
or the judge?

THE WITNESS: Amato.

JUDGE BENAVIDES: All right.
BY MR. WOODS:
Q. Okay. And what do you recall he advised you?
A. What I recall about the situation is there was a fishing
trip that they went on with a client of ours, on a -- on an
overnight fishing trip, and that Jake -- I didn't go on this
trip.

And Jake came back and said that the judge was
emotional in that he couldn't afford to pay a tuition expense
and that he wanted to give him some money to help him pay for
one of his kids' tuitions.

That's. the way I recall that. So, there was a
draw made and a payment.

Q. Do you recall telling the grand jury that it was for
wedding expenses?

A. If I said it was for wedding expenses, I remember the —-
Like I say, my recollection today is I thought it was for
tuition expenses. But I did give him money.

Q. Have I provided you the grand jury testimony to review?

A, You did, and I read it today. and I think I also read that

other form from the FBI, and I think there may be some

Cheryll K, Barron, C5R, CM, FCRR 713,250.5585



1115

LAED CM/ECF - Live - Docket Report Page 40 of 52

06/23/1997

424

SMOOTH MINUTES: Non-jury trial held 6/23/97 bf Judge;
Reported/Recorded by Elizabeth Spong; (REF (93-1794) (dp) (Entered:
07/14/1997)

06/24/1997

42!

SMOOTH MINUTES: Non-jury trial held 6/24/97 bft Judge;
Reported/Recorded by Elizabeth Spong; (REF 93-1794) (dp) (Entered:
07/14/1997)

06/25/1997

4l

MINUTE ENTRY (6/24/97): A settlement conf was held on 6/20/97; no
settlement was reached by Magistrate Joseph C. Wilkinson Jr. ( REF
ALL CASES) (dp) Modified on 06/25/1997 (Entered: 06/25/1997)

06/25/1997

a

Bench BRIEF FILED by plaintiff Lifemark Hospitals. (ALL CASES)
(dp) (Entered: 06/25/1997)

06/25/1997

418

Memorandum by St. Judge Hospital regarding duty of pla, Lifemark
Hospitals to timely reinscribe the collateral morigage. (REF ALL
CASES) (dp) Entered: 06/25/1997)

06/25/1997

426

SMOOTH MINUTES: Non-Jury trial held 6/25/97 bfr Judge;
Reported/Recorded by Elizabeth Spong. (REF 93-1794) (dp) (Entered:
07/14/1997)

06/26/1997

427

SMOOTH MINUTES: Non-jury trial held 6/26/97 bfr Judge;
Reported/Recorded by Elizabeth Spong. (REF 93-1794) (dp) (Entered:
07/14/1997)

06/27/1997

‘SMOOTH MINUTES: Non-jury trial held 6/27/97 bfr Judge;
Reported/Recorded by Elizabeth Spong. (REF 93-1794) (dp) (Entered:
07/14/1997)

06/27/1997

42

SMOOTH MINUES: Non-Jury trial held 6/27/97 br Judge;
Reported/Recorded by Elizabeth Spong; by Judge G. T. Porteous Jr. (dp)
Modified on 07/28/1997 (Entered: 07/21/1997)

07/09/1997

419

MINUTE ENTRY (7/7/97): A phone conf was held this date; Non-jury
Trial will resume at 10:00 a.m. on 7/14/97 bft Judge by Judge G. T.
Porteous Jr. (REF ALL CASES) (dp) (Entered: 07/10/1997)

07/14/1997

43

8

SMOOTH MINUTES: Non-Jury trial 7/14/97 bfr Judge;
Reported/Recorded by Elizabeth Spong; dft moves for judgment of law;
ORDERED; submitted until the end of trial by Judge G. T. Porteous Jr.
(REF 93-1794) (dp) Modified on 07/28/1997 (Entered: 07/28/1997)

07/15/1997

433

SMOOTH MINUTES: Non-jury held 7/15/97 at 10:00 a.m. bft Judge;
Reported/Recorded by Vic Digiorgio; by Judge G. T. Porteous Jr. (dp)
(Entered: 07/28/1997)

07/18/1997

430

Notice by defendants, Liljeberg Ent Inc & St Jude Hospital of Kenner of
hypothetical questions requiring calculations. (REF ALL CASES) (dp)
Modified on 07/21/1997 (Entered: 07/21/1997)

07/21/1997

434

SMOOTH MINUTES: Non-Jury trial held 7/21/7 at 10:00 a.m. bft
Judge;-Reported/Recorded by Elizabeth Spong; by Judge G. T. Porteous
Jt. (REF 93-1794) (dp) (Entered: 07/28/1997)

07/22/1997

htups://ecf.laed.uscourts.gov/cgi

43

MOTION by plaintiff Lifemark Hospitals for judgment, in favor of pla,

in/DktRpt.pl?985087868617914-L_353_0-1 10/22/2007


$i Soot eummcnie

972

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t cxvess __oxwovot 98
“Go Gonoe icine arnt o TSR ane
| Foe 00.0 od 6.39
vane 0.00 we pos
se nener se rarest
= 3129.84 = $20.30
i 30.08 ray ws
$300 PPC er_ pet w Priw Restamwt _verane a
== Ss a ~ Bit Tales
“Si erroneous wo
= 548.55
SBidbe's sce sores a a wu
= ‘wis “cons 7 Bite Gia
oemOS PHAGE HOR ORENG wes tonenrwne a
rare e825 root ox
ane 0.0 uw
= 3329.25
rs (HED AETERSOW rn tnmuoe ow we
wins “Consus "id Eze
Goo won ate we eras verve wu
rover 15.35 (Seaeoame
we ver crgone —_———_
= $25.95 zs 47.26

$c00442


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i
12
13
14
15
16
17
18
19
20
2.
22
23
24
25

890

252

talking about eight years ago.
Q. Well, we're also talking about a multimillion dollar
judgment, aren't we?
A. Yes.
@. And do you recall how you got’ the judgment and when?
A. I got it the day it was signed.

How did I get it, I don't know.
Q. Okay.
A. But it didn't come through the mail. Either Don ~~ Rhonda
brought it to us or Ricky called us and told us that the judge
had signed the judgment and we sent somebody down to pick it

’ up. Some sort of way, we got it.

MR. WOOD:

May I have just one moment, your Honor, to
find this one exhibit of the Commander's Palace receipt?
CHIEF JUDGE JONES: Yes.
BY MR. WOODS:
Q. On Exhibit Number 15, Bates Numbers 463 and 464, looking at

“this calendar, is "Rhonda Danos" on April 25th. Is that

correct?

AL Okay.

Q. All right. Now I want to show you -- if you'll look over
here on the right-hand colum, we have the dates of charges.
And you'll see April 25th at Commander's Palace. And I'll tie
this back in to being your credit card in just a second.

A. Sure, it is.

Cheryl K Barron, C5R, CM, FCRR 713, 280,5585



oa:

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10
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12
13
14
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16
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18
19
20
21
22
23
24
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837

201

would be turned over to the Judge.-
Q. I take it you didn't give the check to the judge, but you
cashed the check and gave the cash to the judge?

A. Yes, sir.

Q. Okay. How long a period did that go on for?

A. Mr. Woods, I know -~ you know, I'll go back -~ it went on
for a number of years.

Q. Can you give the Committee an idea of approximately how
much cash-you and Jake Amato, together, gave to the judge?

A. I would be guessing. I would be guessing.

JUDGE PORTEOUS: Well, your Honor, I'm sorry. If he's
guessing, it's speculation. I don't mean to be offensive, but
it's pure’ speculation.

CHIEF JUDGE JONES: I think the Court can take that
into consideration.

JUDGE LAKE: Just give us your -- the best
recollection of the total amount you and your partner paid him.

THE WITNESS: I would say approximately $10,000,
thereabout. Maybe more than that but at least 10,000.

JUDGE BENAVIDES: Mr. Creely, you have -~ I'm sorry.
I'll speak up.

You have used the term "give" on several
occasions, and I assume that you meant that literally. You had
no agreement, did you or did you not, with respect to these

requests being made? You didn't -- did you expect or have any

Cheryl K Barron, CSR, CM, FCRR 713.250.5585



sao vo.
saws Siete
Vi ses Sei _ se _st saa
ToT we OLS A Siete ree es =
ucpasa crt troe rep, soc nesta
staat a
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wer seams wee
EE, 550.50 a $22.94
yo iss wo 13.0
Wetec eens we Noting one ven ouens us
2 a a ~ Tan Sane
” Ter oeene Oat Her ouens us
cme 968
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. 321.95 = $133.10
HS & me ye & B ross
$i Si regramscoes wo Sie Sovore ween a A
the Tia Tae sae
Tam omancmmconem ie om Rowen a
ra

se monsce

Ei $18.62

sive =a
Be tod oxpor 39 owes “ abe venonews on
7 Tae waa
“reroe oot 33 uw ootion Oe MeN ORES ik
oe nesmuccs a moe
scooa7a
=, $65.36 =

323.81


verse

02:38

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478

JUDGE PORTEOUS: If they'll stipulated to it, I'm
satisfied.

JUDGE LAKE: Well, it's in the record. Whether you
stipulate to it or not, it's in the records of this proceeding.

JUDGE: PORTEOUS: Well, what I'm saying, Judge, is the
only portion that's not is that all those concerns are no more
different to me than they are any other defendant that the
United States Justice Department ‘chooses to proceed against.

MR. WOODS: Your Honor, maybe counsel from the DOJ can
answer that.

MR. AINSWORTH: Peter Ainsworth on behalf of the
Department.

Mr. Keeney has written a letter that's been
signed by Mr. Keeney. Obviously, this Committee can take
judicial notice of the fact that he has not been charged
criminally. And some -- and the letter states some of the
considerations.

To go beyond that, in our view, is to get into
the deliberative process of the executive branch, which is,
quite frankly, irrelevant, I think, to this Committee's
proceeding.

JUDGE PORTEOUS: Counsel has indicated he's prepared
to stipulate that these burdens are no different to me than any
other defendant.

Is that not what I just heard you say, Mr. Woods?

Cheryl! K Barron, CSR, CM, FCRR 713.250.5585



nia

12:22

32:22

12:22

12:23

a2:23

wo ern ne one

10
a
12
13
14
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16
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18
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21
22
23
24
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413

THE WITNESS: No. No, ma'am.

CHIEF JUDGE JONES: None ever?

THE WITNESS: Well, T mean, one of them might have
bought, like, raffle tickets or something that his kids had or
sponsored them for something that they were going to, but -~

CHIEF JUDGE JONES: Never got any money from Jake
Amato or Mr. Creely or Mr. Levenson or Mr. Gardner?

THE WITNESS: In cash?

CHIEF JUDGE JONES: Yes, ma'am.

THE WITNESS: Tf it would have been, it would have
been something, like, for when he was the president of
St. Clement's Men's Club. I used to do the golf tournament for
him and get hole sponsors. So, I mean, I'm sure some of them
might have given me cash for it, or, like I said, if it was
something for the kids, if it was a sponsorship.

CHIEF JUDGE JONES: You didn't get money -~ well, it
lists here that you got money from Mr. Levenson once.

THE WITNESS: Well, I -~ at one time I was doing
outside sales for a travel agency, and Lenny -~ Lenny Levenson
was one of my clients. So, he may have reimbursed me for a
ticket in either cash or a check that -- you do see deposits in
my account relative to that.

CHIEF JUDGE JONES: ‘That's all I have. Is there
anything else you think you need to tell us about this cash?

THE WITNESS: Well, if -- I mean, like I said, my

Cheryl K. Barron, CSR, CM, FCRR 713.250.5585



998

YACOB J AMATO OR

02-19-00
‘ome tis 7
ro, sce mesa
x ase smn
ie unis ser armas
J 329.05, = $59.75
DICKIE BRECUN STEANEN CREWS we CAO GUL WRODINCEVILLE my a
aa ‘CaaS. “same S| — ‘aes “Tammaaiee “RS
race apa SY ORNS ono os Mem
rane ss rami
we 15.00
wn ————_" incr mene
= 5146.54 = $33.43
oy wae =
EVE HAPPINESS STR NEW ORES. ue SIS Com mas ase u
a a tae ae
Tie moreess Sie onwe o
vey 8 common
for sas issn
se imee see sein
= co = 365.95
we 2 6
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= ae Ten was Sasa
‘36a rouse mn “ cums
ravrecamee rom nw
w no
soc maa nen scooaes
ses

iy

34.00


907

SC EXHIBIT - 00017

2000

JAN. 12
JAN. 25

FEB. 9

MARCH 1
MARCA 23
MARCH 24
MARCH 29

APRIL 5.

APRIL 17
APRIL 19

MAY 4
MAY 23

JUNE 1
JUNE 21 .

JULY 19
JOLY 31

AUG. 10
AUG. 15
AUG. 24
AUG. 31
SEPT. 20

ocr. 12

scooaas
HP Exhibit 21(b)


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226

CHIEF JUDGE JONES: The Liljeberg, your -~ Amato, did
his compensation depend in any way on the outcome of the case?
THE WITNESS: My conversations with Amato?
CHIEF JUDGE JONES: Yes, sir.
: THE WITNESS: Okay. My conversations were with Amato,

was

any partner with someone with -- spending a tremendous
amount of time as he did in preparing for this case, was, “How
is the case going?”

And he would tell me, "It's going great."

JUDGE LAKE: I don't think you understood the
question.

Did Mr. Amato's compensation in the case depend
on the outcome?

THE WITNESS:" Oh, no, I don't believe so. It's a
straight contingency fee contract. I have not seen the
contract, but I would --

CHIEF JUDGE JONES: Well, it was a contingency,
though? ,

THE WITNESS: Well, a percentage.

CHIEF JUDGE JONES: Yeah. So, if they -- so, if your
client -- if the Liljebergs won, then Mr. Amato would get a
bunch more money?

THE WITNESS: Yes, ma'am.
CHIEF JUDGE JONES: That's all I -~
THE WITNESS: Tt wasn't any kind of scale thing if

Cheryl! K Barron, CSR, CM, FORR 713.250.5585



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10
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267

if they finish in the morning ~~ I'd like to be able to tell
you I could go right into it, but I don't know that -~

JUDGE BENAVIDES: It's not binding. I just wanted for
my purposes. It's not ~~ not to bind you --

JUDGE TAKE: Judge, my experience, like yours, is
probably most trials finish sooner than later.

JUDGE PORTEOUS: I agree with you.

JUDGE LAKE: So, I would presume they're going to
finish in the morning. You should be prepared to go after
they're concluded.

JUDGE PORTEOUS: If we're talking

okay. I
understand your position, Judge. Thank you.
Anything further? Will we be able to start at

9:00 so I could potentially fit in a meeting in the morning
with these folks?

CHIEF JUDGE JONES: Is that all right?

(Sotto voce discussion at bench)

CHIEF JUDGE JONES: We would like to start at 8:30.

JUDGE PORTEOUS: Okay.

CHIEF JUDGE JONES: Thank you.

(Proceedings recessed for evening)

Cheryl! K Barron, C5R, CM, FRR 713.250.5585



ben
Ed

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_ mpves vege “62 a9 ou 2
ES oS ret u ‘Geors ate GEA UA
one s0.28 nm so sevenuce
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no a8 iu S170
EAPolDe ne ner ota oohes eocause esoeton mace ua
=o lS = = Tae SE
A POOR WE Nem OMENS UA AWS RADISE rIOAION POSE A
cau ote fonrecy 7.70
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ome $00.08 bo 1.70 :
nine AES nest. Ge ue SEF Rot oot mos awe mn
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tine este St. ore w Ser TOOL wast ramer w
eras 7.08

Es, $61.70

44.4



05:06

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THE WITNESS: -- for work and they -~

JUDGE BENAVIDES: Do you recall the name, Mr. Woods,
of the gentleman referred to by Mr. Creely?

THE WITNESS: Gary Raphael?

JUDGE BENAVIDES: Yes, Gary Raphael.

THE WITNESS: Yeah, we hired him.

JUDGE BENAVIDES: And as I understood your law
partner's testimony, at least Mr. Creely may have been a little
bit underwhelmed by his performance. Were you of the same
view?

THE WITNESS: No. I thought Gary was a fairly decent
lawyer. I never had any complaints as to his work. In fact, I
was really upset when we let him go because -~

JUDGE BENAVIDES: But he was -~ he was hired because
of your friendship, because he was recommended by -~

THE WITNESS: Judge Porteous asked us if we could
have —-

JUDGE BENAVIDES: And Mr. Creely also indicated --
your partner indicated that with respect to his
dissatisfaction, not being completely satisfied with this
gentleman's services, that Judge Porteous suggested that he
would help the firm -~ kind of keep him on the firm and help
you with his compensation by providing curatorships to you.

Were you aware of that or did you -~

THE WITNESS: No, I was not. J was not aware of that.

Cheryl K Barron, CSR, CM, FORR 713.250.5565



03:86

03:56

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03:57

03:57

wo edwin swne

uu
32
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7
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855

219

Q. During this period of time while the judge is on the
federal bench, had you taken him hunting and fishing to your
fishing place?

A. Yes.

Q. Did you take him to -~ or not "take" him. But did you pay
for his expenses in Vegas, at, the bachelor party?

A, I don't believe I paid for all of his expenses. And that
is confusing. And I believe I explained. that to you, and I
thought I explained it to the grand jury.

Q. Did you pay for his room?

A. T could have. I don't ~~

Q. If the charge records reflect that you paid for'the room at
Caesars Palace, would that be accurate?

A. Yeah. Okay. If that's --

Q. Go ahead. You wanted to volunteer something?

A. When I went on the trip, my brother-in-law came, my law
partner's son came, I went. And when we went to check in, my
brother-in-law's credit card didn't work.

So, he said, "Bob, would you mind paying for my
room? I'll reimburse you."

I said, "No problem." Same thing with his
airfare. I purchased my airfare and my brother-in-law's
airfare. And there was some confusion as to amounts because
the brother-in-law didn't get invited -- or didn't say he was

coming until the last minute. So, I know I paid for myself, my

Cheryl! K Barron, C5R, M, FCRR 713.250.5585



oars

03:27

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JUDGE LAKE: Curatorships.
CHIEF JUDGE JONES: Oh, curatorships.
JUDGE PORTEOUS: I'm sorry. I had shortened it.
CHIEF JUDGE JONES: That's okay.
JUDGE PORTEOUS: I'm just thinking, Bob. 1 really
don't have mich more for you, if anything.
No, I don't, Bob.
Thanks. I have nothing else.
MR. WOODS: Does the Court have any questions?
CHIEF JUDGE JONES: No,. sir.
MR. WOODS: May he be excused?
CHIEF JUDGE JONES: Yes.
MR. WOODS: We would call Jake Amato.
(Witness being summoned to the stand)
MR. WOODS: Mr. Amato, if you would, come right up
here, sir, The witness table is going to be right here.
THE WITNESS: Good afternoon.
JUDGE LAKE: Please raise your right hand to be sworn:
Do you solenniy swear that the testimony you
shall give in this proceeding will be the truth, the whole
truth, and nothing but the truth, so help you God?
THE WITNESS: I do,
JACOB J. AMATO, JR., DULY SWORN, TESTIFIED:
DIRECT EXAMINATION

BY MR. WOODS:

Cheryil K Barron, CSR, CM, FORR 713,250,585

HP Exhibit 20


992

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= Tit Ge = == ae ES
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= $47.68 = $18.48
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‘$C00462


LAED CM/ECF - Live - Docket Report

Debtor-in-Possess
Liljeberg Enterprises, Inc.

‘Movant
Donna E Erb

unknown

hutps://ecf.laed.uscourts.gov/cgi-bin/DktRpt_p!?985087868617914-L_353_0-1

1079

represented by

represented by

Page 4 of 52

Weigand & Levenson
427 Gravier St.

3rd Floor

New Orleans, LA 70130
504-586-0066

Email: lenlawyer@aol.com
ATTORNEY TO BE NOTICED

William Peter Connick
Connick & Connick, LLC

2551 Metairie Rd.

Metairie, LA 70001

(504) 838-8777

Fax: 504.838.9903

Email: pconnick@connicklaw.com
TERMINATED: 09/19/1996

Douglas Scott Draper

(See above for address)

LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Hans Joseph Liljeberg
Connick & Liljeberg, LLC
3900 Veterans Blvd.

3rd Fl.

Metairie, LA 70002
504-885-4391

ATTORNEY TO BE NOTICED

Kenneth Charles Fonte
(See above for address)
ATTORNEY TO BE NOTICED

Leonard Louis Levenson
(See above for address)
ATTORNEY TO BE NOTICED

Michael Seth Fawer

Smith & Fawer, LLP

301 N. Columbia St.
Covington, LA 70433
985-871-7200

Email: mikefawer@aol.com

- LEAD ATTORNEY .

ATTORNEY TO BE NOTICE!

10/22/2007


arse

04:57

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254

Q. Okay. Now, your calendar entries indicate a lot of lunches
with the judge. Is that correct?
A. Yeah. We -~ we spent a good deal of time together.
Q. And for the year -~ you had a '99 in here.
A. Yeah, I've got 199 right here.
Q. Yeah, but I'm looking for the Bates stamp exhibit number.
A, Is this it? No.
Q. And did you always pay for lunches?
A, No. Judge Porteous paid for lunches on occasion.
Q. How frequently?
A. Not very often.
Q. Well, we're going to go through the number. of times you
have here and, if you can recall, how many times he paid for
these lunches. You're not eating just at the corner drugstore.
You're eating at nice places, weren't you?
A. I didn't get this big going to the drugstore.
Q. All right. I'm going to use this, and we'll tie it back in
to the -- this is your calendar for 1999 —~
A, All right.
Q. -- with Judge Porteous. If you don't mind, I'm going to
put it on the Elmo.

During the pendency of this Liljeberg trial in
1999 -~ this comes out of Exhibit Number 17. And I'll get the
Bates stamps later.

You had lunch a couple of times a month, pretty

Cheryl K. Barron, CSR, CM, FOR 713.250.5585



1078

LAED CMIECE - Live - Docket Report Page 3 of 52

New Orleans, LA 70163-3600
(504) 599-8000
Email: mclements@frilot.com

v.
Defendant
Liljeberg Enterprises, Inc. represented by Douglas Scott Draper
Heller, Draper, Hayden, Patrick &
Hom, LLC (Baton Rouge)
7910 Wrenwood Blvd,
Suite D
Baton Rouge, LA 70809

225-218-4718 .
Email: ddraper@hellerdraper.com
LEAD ATIORNEY

ATTORNEY TO BE NOTICED

Jacob J. Amato, Jr.

Jacob J. Amato, Jr., Attomey at Law
211 Derbigny St.

Gretna, LA 70053

(504) 367-8181

Email: amatocreel@aol.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Stephen T. Wimberly

Stephen T. Wimberly, Attomey at Law
239 Glendale Dr.

Metairie, LA 70001

(504)838-9527

TERMINATED: 09/19/1996

LEAD ATTORNEY

Don M. Richard

Don M. Richard, Attorney at Law
701 North Causeway Blvd.
Metairie, LA 70001
504-834-9882

Email: drichard@dmrlaw.net
ATTORNEY TO BE NOTICED

Kenneth Charles Fonte
Kenneth C. Fonte, Attomey at Law
1008 Green Avenue

Metairie, LA 70001

504-915-3259

Email: kenfonte@zol.com
ATTORNEY TO BE NOTICED

Leonard Louis Levenson

https:/ecf laed.uscourts.gov/cgi-bin/DktRpt.pl?985087868617914-L,_353_0-1 1022/2007


oT:s9

04:00

wo orn neune

10
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12
13
14
15
16
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22
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222

MR. WOODS: Yes.

CHIEF JUDGE JONES: Okay. Yeah. Can we take a break?

JUDGE BENAVIDES: Sure.

CHIEF JUDGE JONES: Okay. But, I mean, we can ~~

JUDGE BENAVIDES: All right. It's going to be real
short.

CHIEF JUDGE JONES: We're going to have to ~

JUDGE BENAVIDES: You indicated that you would talk to
Mr. Gardner and Mr. Levenson or Mr. Amato about the case and
you would hear two different sides. And I assume that you were
friends with Mr. Gardner and you knew that Mr. Gardner was a
friend of the judge's.

. And you-all were concerned and cared for the
judge, and you knew that you-all were friends of the judge of
long-standing. Is that’ correct?

THE WITNESS: Well, I knew -- the judge knew we were
friends.

JUDGE BENAVIDES: And you knew Gardner was a friend of
the judge's?

THE WITNESS: Yes, sir.

JUDGE BENAVIDES: And Gardner has testified before the
grand jury that he also, over a period of time, gave money to
the judge. So, did you-all ever have a chance to commiserate
or talk about the judge's problems with respect to gambling and

needing moriey; and did you ever have discussions with

Cheryl! k. Barron, CSR, CM, FORR 713,250,5585



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$c00449


925

2002

JAN. 19
JAN. 15

MARCH 12
MARCH 23

MAY 21

SC00503


1118

LAED CM/ECF - Live - Docket Report Page 43 of 52

doc # 456 to reflect a signature date of 7/7/99 instead of the erroneous
date of 7/7/97. by Judge G. T. Porteous Jr. (REF: ALL CASES) (rg)
Entered: 07/12/1999)

07/19/1999

Mait Retumed [454-1] motion é& order addressed to John Flowers. (rg)
(Entered: 07/21/1999)

01/18/2000

45:

MOTION by defendant Liljeberg Ent Inc to supplement evidence to be
heard before Judge Porteous at 10:00 2/2/00. (REF: ALL CASES) (rg)
(Entered: 01/19/2000)

01/24/2000

8

Motion by plaintiff Lifemark Hospitals and ORDER to cont
Ent's motion to supplement evidence [458-1] to 10:00 3/1/00; by Judge
G. T, Porteous Jr. Date Signed: 1/25/00 (REF: ALL CASES) (rg)
(Entered: 01/26/2000)

01/25/2000

Motion by plaintiff Lifemark Hospitals and ORDER that oral argument
will be heard on Liljeberg’s mtn to suppl the evidence; by Judge G. T.
Porteous Jr. Date Signed: 1/26/00 (REF: ALL CASES) (rg) (Entered:
01/26/2000)

01/25/2000

461

Memo in opposition by plaintiff Lifemark Hospitals to motion to
supplement evidence [458-1] filed by debtor Liljeberg Ent Inc (REF:
ALL CASES) (rg) (Entered: 01/26/2000)

02/15/2000

Motion by plaintiff Lifemark Hospitals and ORDER that dft's mtn for
oral argument on their mtn for partial final jgm under Rule 54 (b); by
Judge G. T. Porteous Jr. (REF: ALL CASES) (rg) (Entered: 02/16/2000)

02/15/2000

463

MOTION by plaintiff Lifemark Hospitals for partial final judgment to be
heard before Judge Porteous at 10:00 3/29/00. (REF: ALL CASES) (re)
(Entered: 02/16/2000)

02/17/2000

&

MINUTE ENTRY (2/17/00): ORDERED that Liljeberg Ent Inc & St.
Judge Hospitat's motion to supplement evidence [458-1] is CONT &
reset for 10:00 3/29/00 woral argument at the same time Lifemark's mtn
for partial final jgm is noticed for hrg w/oral argument [463-1]; by Judge
G. T. Porteous Jr. (REF: ALL CASES) (rg) Modified on 02/17/2000
(Entered: 02/17/2000)

03/02/2000

Mail Returned (464-1] minute entry addressed to John Flowers. (REF:
93-1794) (rg) (Entered: 03/02/2000)

03/06/2000

Mail Returned [462-1} order addressed to John Flowers (rg) (Entered:
03/08/2000)

03/13/2000

Memo in opposition by defendant Liljeberg Ent Inc & St. Jude Hospital
of Kenner to motion for partial final judgment [463-1] filed by plaintiff
Lifemark Hospitals (REF: ALL CASES) (rg) (Entered: 03/14/2000)

03/17/2000

ie
Ey

Motion by defendant Litjeberg Ent Inc and ORDER for leave to file reply
memo to Lifemark’s memo in opp to mtn to suppl evidence ; by Judge G.
T. Porteous Jr. Date Signed: 3/20/00 (REF: ALL CASES) (rg) (Entered:
03/21/2000)

03/21/2000

Reply by defendant Liljeberg Ent Inc to Lifemark's opp response to
Liljeberg's motion to supplement evidence (458-1). (REF: ALL CASES)

hitps://ecf.laed.uscourts.gov/cgi-bin/DktRpt.pl?985087868617914-L_353_0-1 10/2272007


1007

19-20-00
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0436

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10
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12
13
4
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16
17
18
19
20
2.
22
23
24
25

879

241

A. I -- I don't know if I cashed a check of my own or it was

Bob and I each had a check; but I think I gave him, within a

few days after the fishing. trip -- I think it was a Friday
night fishing trip or a Thursday night fishing trip --
“something between two and three thousand dollars in cash.

Q. You personally gave it to the judge?

A. I did.

Q. Do you recall an instance wherein you and Creely made a
draw and then put it in an envelope and Rhonda Danos came to
pick it up?

A, I don't -- I don't recall that, but I don't say that it
didn't happen. You know, it well may have happened.

©. How many times can you recall that you and Creely made
draws of approximately a thousand each and converted that to
cash to give to the judge?

A. I couldn't answer that.

Q. Can you give us a rough estimation?

A. No. No, I really ~~ it wasn't $50,000 or anything like

that. I would say it was close to
Q. I'm speaking of how many times did it occur.

A. Sometimes it didn't occur for six months. Sometimes it
occurred, you know, two or three weeks; but it wasn't
consistent.

Q. Sometimes it went that long, six months, between requests

for money?

Cheryl K Barron, CSR, CM, FCRR 713.250.5585



920



1089

LAED CMIECF - Live - Docket Report . Page 14 of 52

03/24/1995,

1

=

Min by df Liljeberg Ent Inc and ORDER for leave to file its supp! memo
in oppostion to Lifemark's mtn for partial sum jm. by Judge Ginger
Berrigan Date Signed: 4/6/95 (REF BOTH CASES) (dno) (Entered:
04/10/1995)

03/27/1995

103

MINUTE ENTRY ( 3/27/95): Pla Lifemark Hospitals’ mtn for partial sum
jgm [78-1} set for 3/29/95 reset for 8:30 4/12/95. by Judge Ginger
Berrigan (REF BOTH CASES) (dno) (Entered: 03/28/1995)

03/27/1995,

104

MTN by df Liljeberg Ent Inc to compel prod of further documentation
from plas to complete discovery referred to Magistrate Ivan L. Lemelle at
9:00 4/12/95 (REF BOTH CASES) (dno) (Entered: 03/28/1995)

04/03/1995

106

‘Witness list submitted by pla Lifemark Hospitals (REF BOTH CASES)
(dno) Modified on 08/31/2000 (Entered: 04/04/1995)

04/03/1995

10:

3

Exhibit list by pla Lifemark Hospitals (REF BOTH CASES) (dno)
(Entered: 04/04/1995)

04/04/1995

108

Memo in opposition by pla Lifemark Hospitals to mtn to compel prod of
further documentation from plas to complete discovery [104-1] filed by
ft Liljeberg Ent Inc. (REF BOTH CASES) (dno) (Entered: 04/04/1995)

04/04/1995,

109

MINUTE ENTRY (4/4/95): ORDERED that the min set for hrg on
4/12/95 will be on the briefs by Magistrate Ivan L. Lemelle (REF: both
cases) (gw) Modified on 04/05/1995 (Entered: 04/05/1995)

04/04/1995

inl

Exhibit list by defendant Liljeberg Ent Inc (REF: 93-1794 & 93-4249)
(gw) (Entered: 04/05/1995)

04/04/1995,

ul

Witness list submitted by defendant Liljeberg Ent Inc (REF: 93-1794 &
93-4249) (gw) (Entered: 04/05/1995)

04/05/1995

HZ

NOTICE case reallotted to Magistrate Judge 2 by Clerk (Ref: all cases)
(ps) (Entered: 04/05/1995)

04/06/1995

113

ANSWER by dft Liljeberg Ent Inc to amended counterclaim &
counterclaims in response thereto of Lifemark Hospitals. (REF BOTH
CASES) (dno) (Entered: 04/06/1995)

04/07/1995

115

Supp! Memo in opposition by dft Liljeberg Ent Inc to mtn for partial sum
jgm (78-1) filed by pla Lifemark Hospitals. (REF BOTH CASES) (dno)
(Entered: 04/10/1995)

04/10/1995

16

MINUTE ENTRY{( 4/7/95): Pla Lifemark Hosp's mtn for partial sum jem
[78-1] set for 4/12/95 is reset for 8:30 5/10/95. by Judge Ginger Berrigan
(REF BOTH CASES) (dno) (Entered: 04/10/1995)

04/11/1995,

uN

Ee

Min by dft Liljeberg Ent Inc and ORDER for leave to file reply to pla's,
‘memo in opp to d's mtn to compel. by Judge Ginger Berrigan Date
Signed: 4/12/95 (REF BOTH CASES) (dno) (Entered: 04/13/1995)

04/12/1995

it

og

MINUTE ENTRY ( 4/12/95): ORDER granting pla Liljeberg's mtn to
compel prod of further documentation from plas to complete discovery
[104-1] AS STIP. by Magistrate Ivan L. Lemelle (REF BOTH CASES)
(dno) (Entered: 04/12/1995)

04/13/1995

"

S

Reply by dft Liljeberg Ent Inc to pla Lifemark's response to same's mtn

https://ecf.laed.uscourts.gov/cgi-bin/DktRpt.p!?98 508786861 7914-L_353_0-1 10/22/2007


1119

LAED CMIECF - Live - Docket Report Page 44 of 52

(rg) (Entered: 03/21/2000)

03/21/2000

‘Motion by plaintiff Lifemark Hospitals and ORDER for leave to file
reply memo in support of mtn for partial final jgm ; by Judge G.T.
Porteous Jr. (REF: ALL CASES) (rg) (Entered: 03/22/2000)

03/22/2000

469

Reply Memorandum by plaintiff Lifemark Hospitals in support of their
motion for partial final judgment [463-1] (REF: ALL CASES) (rg)
(Entered: 03/22/2000)

04/04/2000

PROCEEDING: Reported/Recorded by Karen Ibos; Hrg held 3/29/00 on
Lifemark's motion for partial final judgment [463-1] & Liljeberg's motion
to supplement evidence [458-1]; ORDERED: mins taken under
submission; By Judge G. T. Porteous Jr. (REF: 93-1794) (rg) (Entered:
04/05/2000)

04/26/2000

Findings of fact and conclusions of law; by Judge G. T. Porteous Jr. Date
signed: 4/25/00 (REF: ALL CASES) (rg) (Entered: 04/26/2000)

04/26/2000

8

JUDGMENT: Judgement is rendered as stated herein; by Judge G. T.
Porteous Jr. Date signed: 4/25/00 (CASE CLOSED) (REF: ALL CASES)
(¢g) Modified on 05/15/2000 (Entered: 04/26/2000)

04/26/2000

is

ORDER: As the Findings of Fact & Conclusions of Law & the Final Jgm
have been rendered, ORDERED that Life mark's mtn for partial final jgm
under Rule 54(b) is rendered MOOT. FURTHER ORDERED that
Liljeberg Enterprises, Inc.'s and St. Jude Hospital's mtn to suppl evidence
is also rendered MOOT; by Judge G. T. Porteous Jr. Date Signed:
4/25/00 (REF: ALL CASES) (rg) (Entered: 04/27/2000)

05/08/2000

MOTION by plaintiff Lifemark Hospitals of LA, Lifemark Hospitals,
Inc., Amer Med Intl and Tenet Healthcare Corp for new trial to be heard
before Judge Porteous at 10:00 5/24/00. (REF: ALL CASES) (rg)
(Entered: 05/08/2000)

05/08/2000

8

Motion by plaintiff Lifernark Hospitals of LA, Lifemark Hospitals, Amer
‘Med Intl & Tenet Healthcare Corp and ORDER to stay the execution of
the jgm entered 4/26/00 and any proceedings to enforce the jem pending
disposition of the mtn for new trial. The Court approves the supersedeas
bond ; by Judge Marcel Livaudais (REF: ALL CASES) (rg) (Entered:
05/08/2000)

05/08/2000

Supersedeas Bond in amount of $ 15,000,000.00 filed by plaintiff
Lifernark Hospitals of LA, Lifemark Hospitals, Inc., Amer Med intl, &
Tenet Healthcare (REF: ALL. CASES) (rg) Modified on 06/13/2000
(Entered: 05/08/2000)

05/08/2000

47

MOTION by debtor Liljeberg Ent Inc & St. Jude Hospital to alter &
amend findings & jgm to be heard before Judge Porteous at 10:00
5/24/00. (REF: ALL CASES) (re) (Entered: 05/09/2000)

05/15/2000

Mail Returned [472-1] judgment, [471-1] findings of fact addressed to
John Flowers, (REF: ALL CASES) (rg) (Entered: 05/15/2000)

05/16/2000

478

Memo in opposition by plaintiff Lifemark Hospitals, Tenet Healthcare
Corp, Lifemark Hospitals of Louisiana, & Amer Medical Intl to motion
to alter & amend findings & jgm [477-1] filed by defendant Liljeberg Ent

hittps://ecf-laed.uscourts.gov/cgi-bin/DkiR pt p1?985087868617914-L_353_0-1 10/22/2007


1011

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anuary 7, 2002 ~ 23.78
‘ACS AND COMPANY HARVEY LA
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a thousand dollars for Judge Porteous?

A. I was probably going over there. He probably had a marker
and just asked, since I was going there, if I would pay them.
Q. And what do you mean by “he had a marker"?

A. Well, for me to.pay -- to go and pay Beau Rivage, he must
have played there and got a marker from where they had advanced
him a thousand dollars.

Q. So, he owed a thousand dollars to Beau Rivage as of April
the 30th of '01?

A. If that's the date on it, yes.

Q. Okay. And by paying that and making that notation, that
paid off his debt?

A. Yes, sir.

Q. Okay. Likewise, in the check I'd shown you before, this
one paying off Fleet Credit Card, that was on March 23rd,
five days before the bankruptcy?

A, I don't know the exact date that he filed bankruptcy.

Q. Okay.

A. T know that it was in March of '01, but I don't know the
exact date.

Q. Okay. Do you recall, that bill of 1,088.41, did that pay
off the balance of the credit card?

A. Oh, I really don't know. I don't recall.

. Okay. Do you recall why you would have picked an unusual

figure like 1,088.41 if it were not the balance owing?

Cheryll K Barron, CSR, CM, FORR 7132505585



o2s39

02:39

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482

candid, an attempt to buy my decisions or in any way to
influence my decisions.

In hindsight, if I had it to do all over again,
hindsight is always 20/20, Judge. We always do better the
second time around.

So, I don't really have any further statements,
your Honor. I think you all conducted the hearing, and you
have the evidence. Thank you.

CHIEF JUDGE JONES: May I ask why you've offered to
resign twice before?

JUDGE PORTEOUS: I offered -~ I never offered to
resign. I considered it. It came to us, as I understand it,
from Mr. Woods. Or from you. I'm not sure where it came.

CHIEF JUDGE JONES: Well -~

JUDGE PORTEOUS: I certainly considered it.

CHIEF JUDGE JONES: Let met’ put it this way. One of
the first letters we received from your counsel in May, from
Mr. Schonekas, was that you would accept a public reprimand and
would agree to resign if you were certified as disabled.

JUDGE PORTEOUS: That's correct, ma'am.

CHIEF JUDGE JONES: So, that would suggest somé level
of knowledge that what you had done was of very serious
magnitude.

JUDGE PORTEOUS: Well, ma'am, that just suggested that

as a resolution to this matter I would accept a public

Cheryl! K Barron, CSR, CM, FORR 713.250,5585



05:03

05:08

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for 35 years. And it breaks my heart to be here.
Q. I know. Me, too. But we're still friends.
A. We're still friends. Our kids were friends. Our wives
were friends.
Q. In fact, while we're on that, when you got in Liljeberg, I
couldn't hire your son? .
A. That's correct.
Q. Because I wanted to hire Trey as my law clerk?
A, That's correct.
Q.° and your daughter ultimately worked for me?
A. Yes.
Q. ‘his is well after Liljeberg?
A, Well after Liljeberg.
Q. ALL right.
A, .And I, still think your decision in Liljeberg was correct.
Q. Well, thanks, Jake.
JUDGE PORTEOUS: I don't have any other questions.
JUDGE BENAVIDES: I have a couple questions. You
indicated your strong friendship with the judge. "Your partner
testified with respect to a certain person that you hired at
your firm at the recommendation and request of Judge Porteous.
Do you remember that young man?
THE WITNESS: On occasions, Judge Porteous would send
us law clerks who had applied to his office ~~
JUDGE BENAVIDES: Uh-huh.

Cheryll K Barron, CSR, CM, FORR 713.250.5585



1110

LAED CM/ECF - Live - Docket Report Page 35 of 52

(Entered: 02/05/1997)

02/04/1997

36)

Motion by defendant Liljeberg Ent Inc and ORDER to continue same's
motion in limine to require Donna Erb to testify at trial about her
involvement in the bid-rigging of the judical sale of the hospital [329-1]
presently set for 2/5/97 to 10:00 a.m. on 2/28/97 is GRANTED by Judge
G. T. Porteous Jr. (REF ALL CASES) (dp) Modified on 02/05/1997
(Entered: 02/05/1997)

02/04/1997

362

Motion by dft, St. Jude Hospital and ORDER to continue the motion by
pla, Lifemark for summary judgment on di's mitigation of damages
counterclaim [325-1] previously set for 2/5/97 to 10:00 a.m. on 2/27/97 is
GRANTED by Judge G. T. Porteous Jr. (REF 94-3993) (dp) (Entered:
02/05/1997)

02/04/1997

36:

MOTION by plaintiff Lifemark Hospitals to compel df, Liljeberg
Enterprises for production of documents referred to Magistrate Joseph C.
Wilkinson Jr. to be heard before Mag/Judge Wilkinson at 11:00 a.m. on
2119/97 (dp) Modified on 02/19/1997 (Entered: 02/05/1997)

02/06/1997

36

Motion by defendant Liljeberg Ent Inc and ORDER to release transcript
of hrg held 1/15/97 is GRANTED by Judge Eldon E. Fallon. Date
Signed: 2/12/97 (dp) (Entered: 02/14/1997)

02/10/1997

381

Motion by defendant Liljeberg Ent Inc & plaintiff Lifemark Hospitals.
and ORDER for modification of scheduling order to allow supplemental
expert reports is GRANTED as stip by Judge G. T. Porteous Jr. Date
Signed: 3/3/97 (REF ALL CASES) (dp) (Entered: 03/04/1997)

02/10/1997

38

Motion by defendant Liljeberg Ent Inc & plaintiff Lifemark Hospitals
and ORDER that the 30 day time period for a preliminary hrg set is
WAIVED by Judge G. T. Porteous Jr. Date Signed: 3/11/97 (REF 93-
1793) (dp) Modified on 03/13/1997 (Entered: 03/13/1997)

02/12/1997

Memo in opposition by defendant Liljeberg Ent Inc to motion to compel
iljebrg Enterprises for production of documents [363-1] filed by
plaintiff Lifemark Hospitals. (REF 93-1794) (dp) (Entered: 02/14/1997)

02/18/1997

36

&

Letter to Clerk of Court from counsel, William P. Connick & Stephen T.
Wimberly of the lawfirm of Connick, Lentini, Wimberly & Delaup for
defendant Liljeberg Ent Inc dated 2/10/97 in re: removal of name from
mailing list. (REF ALL CASES) (dp) Modified on 02/18/1997 (Entered:
02/18/1997)

02/18/1997

36!

Motion by plaintiff Lifemark Hospitals and ORDER for leave to file
reply memo in opp to memo by Liljeberg Enterprises to mtn by same to
compel production of documents is GRANTED by Magistrate Joseph C.
Wilkinson Jr. (REF 93-1794) (dp) (Entered: 02/19/1997)

02/19/1997

367

MINUTE ENTRY (2/18/97): ORDER thet the motion by pla, Lifemark
Hospitals to compel dft, Liljeberg Enterprises for production of
documents [363-1] is DISMISSED AS MOOT by Magistrate Joseph C.
Wilkinson Jr. (REF 93-1794) (dp) (Entered: 02/19/1997)

02/19/1997

369

Reply by plaintiff Lifemark Hospitals to opposition by dft, Liljeberg
Enterprises to same's mtn to compel production of document. (REF 93-

hitps://ecf.laed.uscourts.gov/cgi-bin/DktR pt_pl?98508786861 7914-L_353_0-1 10/22/2007


22

29"



1125

LAED CWECF - Live - Docket Report Page 50 of 52

09/22/2000

533

Motion by plaintiff Lifemark Hospitals of Louisiana, Lifemark Hospitals,
‘Amer Med Intl, & Tenet Healthcare and ORDER withdrawing attomey
Mack Barham & Barham & Arceneaux as counsel for movants ; by Judge
G. T. Porteous Jr. Date Signed: 9/26/00 (REF: ALL CASES) (re)
(Entered: 09/28/2000)

09/26/2000

Motion by plaintiff Lifemark Hospitals and ORDER for leave to file to
file a copy of Lifemark’s Proposed Findings of Fact and Conclusions of
Law withe Judge's chambers received stamp ; by Judge G. T. Porteous Jr.
Date Signed: 9/28/00 (REF: ALL CASES) (rg) (Entered: 09/28/2000)

09/29/2000

53.

DESIGNATION OF RECORD on Appeal by plaintiff Lifemark
Hospitals, Inc., Lifemark Hospitals of LA, Amer Med Intl, & Tenet
Healthcare. (REF: ALL CASES) (rg) (Entered: 10/02/2000)

10/02/2000

53

Objections by defendant Liljeterg Ent Inc & St. Jude Hospital of Kenner
to [535-1] partial designation of record on appeal (REF: 94-3933) (re)
(Entered: 10/03/2000)

10/02/2000

Mail Returned [530-1] minute entry addressed to attomey John Flowers
(rg) (Entered: 10/03/2000)

10/02/2000

Mail Returned [526-1] order addressed to attorney John Flowers (rg)
(Entered: 10/03/2000)

10/04/2000

53

Response by plaintiff Lifemark Hospitals of LA, Lifemark Hospitals,
Inc., Amer Med Intl, & Tenet Healthcare Corp to [536-1] objection to
partial designation of record on appeal by Liljeberg Ent, Inc. and St. Jude
Hospital of Kenner. (REF: ALL CASES) (rg) (Entered: 10/05/2000)

10/05/2000

‘Motion by plaintiff Lifemark Hospitals, Lifemark of Louisiana, Amer
‘Med Intl and Tenet Healthcare and ORDER withdrawing the law firm of
Steg & O'Connor ; by Judge G. T. Porteous Jr. Date Signed: 10/6/00
(REF: ALL CASES) (rg) (Entered: 10/11/2000)

10/10/2000

Record on Appeal sent to Circuit Court [501-1], [500-1}, [496-1], [480-1}
USCA Number: 00-30645 (rg) (Entered: 10/11/2000)

10/13/2000

PROTECTIVE ORDER: Hrg held 9/13/00 in court on Liljeberg
Enterprises, Inc’s & St. Jude Hospital's motion for protective order [498-
1}; ORDERED that Lifemark Hospitals of LA, Amer Med Intl Inc, Tenet
Healthcare, Tenet LA Healthsystems shall maintain the listed docs &
records as stated herein; by Judge G. T. Porteous Jr. Date Signed:
10/11/00 (REF: ALL CASES) (rg) (Entered: 10/16/2000)

10/13/2000

2nd Amended Notice of appeal by plaintiff Lifemark Hospitals Inc,
Lifemark Hospitals of LA, Amer Med Intl, Tenet Healthcare from Dist.
Court rulings: amended jgm, jgm, orders denying mtns for new trial, mtn
to reopen, mtn for jgm as a matter of law. (REF: ALL CASES) (rg)
(Entered: 10/16/2000)

10/13/2000

2nd Amended Notice of appeal by plaintiff Lifemark Hospitals of LA,
Lifemark Hospitals, Inc., Amer Med Intl, & Tenet Healthcare from Dist.
Court rulings: amd jem, jem, orders denying mins for new trial, min to
reopen, mtn for jgm as a matter of law. (REF: 93-1794) (re) Modified on
10/16/2000 (Entered: 10/16/2000)

https:/ecf.laed.uscourts.gov/cgi-bin/DktRpt.pl?985087868617914-L_353_0-1 10242007


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THE WITNESS: No, sir. But if IT can add to my answer
by saying, when Judge Jones asked me a relationship that would
alter the outcome -~

CHIEF JUDGE JONES: No, sir. I didn’t say “outcome.”

JUDGE BENAVIDES: I didn't say "relationship." I said
your "duty," you would not feel any duty at all to tell a
client that is paying you money to represent them that: you know
that an attorney on the other side of the same case is giving
money to a judge; and you say no doubt in your mind that
there's nothing wrong with telling -- not telling your client.

‘THE WITNESS: I knew they went on fishing trips. I
knew they went on hunting trips. I did not know -~

JUDGE BENAVIDES: You just told us that Creely called
you and said that that "rotten guy" had asked him for money.

THE WITNESS: ‘That's the way Creely talks. He didn't
mean a “rotten guy." He's dramatic like that.

JUDGE BENAVIDES: And asked -- did he mean he asked
him for money?

THE WITNESS: We were giving it to Timmy Porteous,
because he knew the young man as long as I did, your Honor.
This had nothing to do with influencing Judge Porteous in a
case or anything like that. Tt was a social thing.

JUDGE BENAVIDES: I can't understand that. I just
cannot understand that a professional, held to the standards

that we're supposed to be held to -- I’m not talking about as a

Cheryll K Barron, C5R, CM, FRR 713.250.5585



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limited matters, while you were in the district court.
Q. What I'm getting, to, Bob -- and I'm not trying to make this
complex. My xulings on the bench, in cases you did have or
your firm participated in, did it rely one way or the other on
what was being given to me?

A, That's correct.

Q. Tt did or it didn't?

A. Did not.

Q. Did not.

You mentioned a hunting trip. The Mexico trips,

I think we talked about.

A. Yes, sir.

Q. Do you know. that I -- when I —~ from the time I took the
federal bench in '94, do you have specific recollection of me
going on a hunting trip in Mexico?

After I took the federal bench, not on the state
bench.

A. And all I can say is the financial records that I provided
to the gentlemen in -- back at the grand jury record -
proceeding and copies of my passport were the only ways I could
go back that far in order to make a determination.

So, if I could have those records, I could tell
you. And the records would reflect -~ we kept pretty good
records. Up to the grand jury proceeding, I was able to go
into my old files. I had calendars back to 1984.

Cheryll K. Barron, CSR, CM, FCRR 713,250,585



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HE WITNESS: And you would submit to the clerk your
request for payment, the clerk of court.
BY MR. WOODS:
Q. And the majority of the curatorships that you received,
were those the foreclosure types?
A. I don't know. I think just about all of them were. Yeah.
Yes, sir.
Q. And what expenses would you incur out of a fee of
approximately 175?
A. Whatever it would cost to run an ad in the Times-Picayune
newspaper or the newspaper in the area in which their last
known address was, and I believe that's it. Then I would file
a note of evidence.

And we would be -~ we would be reimbursed the
costs of -~ that we spent, also, not just getting a fee but we
would also get —

Q. Oh, you'd get the expenses on top of that?
A. Yes, sir.

Q. Okay. And was that something that your secretary could

handle —~
A. Yeah.
Q. -- filing all of those for you?

A. Did -- she handled basically all of that. It's pure
clerical.

Q. Did Judge Porteous make a request of you, after sending you

Cheryl &. Barron, CSR, CM, FRR 713.250.5585



1041

Frivot, PARTRIDGE. KOHNKE & CLEMENTS, L.C.

599-8006

February 18, 1997

Don C. Gardner, Esq.
clo Thomas G. Wilkinson, Esq.
320 Huey P. Long Ave.
Gretna, LA 70053

Liferark Hospitals of Louisiana, Inc.
¥. Liljeberg Enterprises, inc.
Our Fite: 203-860142

Dear Don:

Litemar is willing to offer you a fee for assisting with the Lilleberg case as
follows:

1." Retainer of $100,000 payablo upon enrollment of counsel of record.

2, A fee of $200,000 if after trial there is a judgmont allowing Lifemark to
{terminate the pharmacy agreement with no liability for future damages.

The following sums would be added to the above retainer and fee based upon the
fevel of damages contained in a judgment, provided that the judgment allows Litemark
to terminate the pharmacy agreement with no lability for future damages:

3. A fee $100,000 if the damages for past actions are less than $15 million
in principal. (Total fee of $400,000)

4, A fee of $200,000 if the damages are less than $5 million in prifcipal.
(Total fee of $500,000)

5. A fee of $300,000 if the damages are zero, (Total fee of $600,000)

Further, Lifemark wil pay you $100,000 as a severance fee in the event that
Judge Porteous withdraws or if the case settles prior to trial, This would result in a
total of $200,000 ($100,000 retainer plus $100,000) if the case settles or if Judge
Porteous ceases to be our judge. This is to satisfy your concem that involvement in

HP Exhibit 35(b)
$c00397


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MOBIL OIL GAS OR OTHER JM13095 02/18/00 sso
501050 27 | weSTIN HOTELS ST PRAg1S~3977000
'200556942 LODGING 02/18/00
501050 20 | westin MOTELS ST FRAG1S~3977000
400556942 LODGING 02/18/00
501050 29 | weSTIN HOTELS ST FRAG15~3977000
400556942 LODGING 02/18/00 835.91
TOTAL FOR JACOB J ANATO UR 2,758.48 | $2,128.16
$c00452
t



1080

LAED CMEECF - Live - Docket Report” Page 5 of $2

‘Travelers Insurance Company represented by Brent Bennett Barriere

unknown

John Liljeberg

Phelps Dunbar, LLP
Canal Place

365 Canal St.

Suite 2000

New Orleans, LA 70130-6534
(504) 566-1311

Email: barrierb@phelps.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

represented by Jan Marie Hayden
Heller, Draper, Hayden, Patrick &
Hom, LLC
650 Poydras St.
Suite 2500
‘New Orleans, LA 70130
(504) 568-1888
Email: jhayden@hellerdraper.com
LEAD ATTORNEY

Date Filed

Docket Text

06/01/1993

MISCELLANEOUS BANKRUPTCY MATTER: motion to withdraw
the reference of the debtor's mtn 10 assume executory contract by plaintiff
Lifemark Hospitals (sw) (Entered: 06/02/1993)

06/02/1993

N

ORDERED that a hearing on’ mtn to w/draw the reference of debtor's mn
to assume executory contract will be held at 10:00 6/23/93; that any
objection to said mtn shall be made in writing on or bfr 6/16/93 by Judge
Marcel Livaudais (sw) (Entered: 06/02/1993)

06/16/1993

Motion by defendant Liljeberg Ent Inc and ORDER that hrg on mtn to
widraw the reference of debtor's mtn to assume executory contract [2-1]
originally set for 6/23/93 is continued at 10:00 7/7/93; that any objection
to said mtn shall be filed on or bfr 6-30-93 by Judge Livaudais Date
Signed: 6/17/93 (sw) (Entered: 06/17/1993)

06/25/1993

2

Motion by plaintiff Lifemark Hospitals and ORDER that debtor's mtn to
widraw the reference of debtor's mtn to assume executory contract is
continued at 10:00 8/4/93 by Judge Livaudais Date Signed: 6/29/93 (sw)
(Entered: 06/29/1993)

06/30/1993

MINUTE ENTRY 6/29/93: ORDERED that mtns set for hrg at 10:00
7/7/93 bft Judge will be submitted w/o oral argument by Judge Marcel
Livaudais (sw) (Entered: 06/30/1993)

07/07/1993

a

Motion by plaintiff Lifemark Hospitals and ORDER for attorney John
Flowers to appear pro hac vice by Judge Marcel Livaudais Date Signed:
718/93 (sw) (Entered: 07/09/1993)

07/19/1993,

2

Motion by plaintiff Liferark Hospitals and ORDER for leave to file
response to amd memo in opp to mtn to w/draw reference of mtn to

hitps:/lecf.laed.uscourts.gov/cgi-bin/DktRpt pI?985087868617914-L_353_0-1 10/22/2007


988

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judge. The curatorships obviously existed while he was a state
judge.

THE WITNESS: Right.

JUDGE LAKE: You just told us about a number of
occasions in which you and-your partner, Mr. Creely, made draws
to give cash to Judge Porteous.

Were those occasions that you just related to vs
the ones that occurred while he was a federal judge?

THE WITNESS: The only time I can recall me giving him
any cash as a federal judge was for his son's wedding.

I'm not saying that we might not have given him
some between the time he was on -- from state and on the
federal bench. I just don't recall. I just don't know.

BY MR. WOODS:

Q. I take it you didn't make a note in your books when you
made a draw, that this is for Judge Porteous.

A. No. .

Q. So, you've gone back and looked at your books to see the
draws. Is that correct?

And there's no reference to Judge Porteous?

A. No.

Q. And you and Bob Creely made draws frequently?

A. We -- every Friday, we would take a -- we would cash a
check and have cash for the weekend. And if we had extra money

in the accounts, we would have extra draws.

Cheryl! K Barron, CSR, CM, FCRR 713.250.5585



1082

LAED CMECF - Live - Docket Report Page 7 of $2

01/07/1994

18

MTN by pla Lifemark Hospitals to compel debtor Liljeberg Ent Inc to
respond to discovery propounded by pla. referred to Magistrate Ivan L.
Lemelte at 9:00 1/26/94 (dno) (Entered: 01/10/1994)

01/12/1994

2

8

Motion by plaintiff Lifemark Hospitals and ORDER Motion by plaintiff
Lifemark Hospitals and ORDER consolidating cases 2:93-cv-1794 with
member cases consolidating cases 2:93-cv-1794 with member cases 2:93-
cv-4249 ; by Judge Marcel Livaudais Date Signed: 2:93-cv-4249 ; by
Judge Marcel Livaudais Date Signed: 1/13/93 (REF: 93-1794 & 93-
4249) 1/13/93 (REF: 93-1794 & 93-4249) (rg) (Entered: 01/13/1994)

01/12/1994

2

Motion by plaintiff Lifemark Hospitals and ORDER for attomey, John
Flowers to appear pro hac vice for same is GRANTED by Judge Marcel
Livaudais Date Signed: 1/13/94 (REF 93-4249) (dp) (Entered:
01/13/1994)

01/19/1994

2

MINUTE ENTRY 1/19/94: ORDERED that mtns set for hrg on 1/26/94
will be on the briefs by Magistrate [van L. Lemelie (Ref: 93-1794) (sw)
(Entered: 01/20/1994)

01/24/1994

2

Objection by debtor Liljeberg Ent Inc to further extension (Ref: Both
cases) (sw) (Entered: 01/24/1994)

01/24/1994

24

MOTION by defendant Liljeberg Ent Inc to dismiss the antitrust and
unfair trade practices counterclaims of Lifemark Hospitals of LA, Inc. to
be heard before Judge at 10:00 2/16/94 (RE: 93-1794) (br) (Entered:
01/25/1994)

01/26/1994

25

MINUTE ENTRY 1/26/94: Ata previous conf with the court, the court
suggested that counsel for Lifemark Hospitals file a proposed schedule,
trial date having been fixed for 7/18/94. A final pre-trial conf will be held
at 9:15 6/17/94; non-jury trial will commence at 9:30 7/18/94 by Judge
Maree! Livaudais (Ref: Both cases) (sw) Modified on 03/08/1994
(Entered: 01/26/1994)

01/26/1994

&

2

Motion by plaintiff Lifemark Hospitals and ORDER continuing hrg on
motion by Liljeberg Ent Inc to dismiss the antitrust and unfair trade
practices counterclaims of Lifemark Hospitals of LA, Inc. (24-1) at 10:00
3/2/94 by Judge Marcel Livaudais Date Signed: 1/28/94 (Ref: Both
cases) (sw) Modified on 01/28/1994 (Entered: 01/28/1994)

01/28/1994

27

MOTION by debtor Liljeberg Ent Inc to remand case to Civil District
Court, Parish of Orleans to be heard before Judge at 10:00 2/16/94 (Ref:
Both cases) (sw) (Entered: 01/31/1994)

02/03/1994

29

MINUTE ENTRY 2/3/94: The M.E. entered 1/26/94 (25-1), setting forth
the scheduling order in this consoidated action is amd to include the
following: written reports of experts who may be witnesses for defendant
(6) shall be obtained & delivered to counsel for plaintiff(2) as soon as
possible, but in no event later than 60 days prior to the pre-trial conf date
by Judge Marcel Livaudais (Ref: Both cases) (sw) (Entered: 02/07/1994)

02/04/1994

28

MINUTE ENTRY 2/4/94: ORDERED that mtns set for hrg at 10:00
2/16/94 bfr Judge will be submitted w/o oral argument by Judge Marcel
Livaudais (Ref: Both cases) (sw) (Entered: 02/07/1994)

hups:/ecflaed.uscourts.gov/egi-bin/DktRpt.p1?985087868617914-L_353_0-1 1022/2007


1043

400

last?
MR. WOODS: Ms. Danos? Just very few questions.
JUDGE LAKE: Okay. Please come forward, ma'am, to be
sworn as a witness.
Would you please raise your right hand to be
sworn, ma'am?
Do you solemnly swear that the testimony that you
shall give in the proceeding will be the truth, the whole

we earnuneune

truth, and nothing but the truth, so help you God?

tz:07 10 THE WITNESS: I do.
un JUDGE BENAVIDES: And she is also testifying with
12 immunity -~
13 MR. WOODS: She is, your Honor.
14 JUDGE BENAVIDES: -- and she has the understanding

12:07 15 |] that she is only -- that she is subject to perjury charges?

16 MR. WOODS: I was.about to get into that, your Honor,
17]} yes.

18 RHONDA F. DANOS, DULY SWORN, TESTIFIED:

19 DIRECT EXAMINATION

azzo7 20 |] BY MR. WOODS:
21 || Q. Ms. Danos, would you state your name for the record,
22 |} please?
23 Have a seat.
24]] A, Rhonda F. Danos.
32:07 25]f Q. All right. I'm going to show you what has been previously

Cheryll K Barron, CSR, CM, FORR 713.250.5565

HP Exhibit 43


32:28

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JUDGE BENAVIDES
THE WITNESS: But everything -- like T said,

All right.

everything I wrote for him, I have it all detailed as to, you
know, the check numbers, how.much the checks were, and how much
the total deposit was.

JUDGE BENAVIDES: But you didn't detail any cash
payments that he may have made?

‘THE WITNESS: No, that you could — I don't know if
the bank would still have. that.

JUDGE , BENAVIDE!

So, then, how would you know whether
he was caught up or not?

THE WITNESS: Caught up in what he —~ what he owed me?

JUDGE BENAVIDES: What he owed you.

‘THE WITNESS: Because, normally, he would pay me what
the checks were that I wrote.

CHIEF JUDGE JONES: Except when he didn't?

THE WITNESS: But he did.

CHIEF JUDGE JONES: Well, what we're telling you is
that they don't correlate by $10,000.

THE WITNESS: What you're asking me ~~ what you're
saying is that whether or not he paid everything to me in —~ in
checks that T have in my account?

JUDGE LAKE: No. listen. You said that every
expenditure that you paid for Judge Porteous in writing a

check, he reimbursed you for. Is that: your testimony?

Cheryl k. Barron, CSR, CM, FOR 713.250.5585



03:38

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them.
BY MR. WOODS:

@. What was the fee for a curatorship that you would be paid?
A. There was a set fee by the court. And I know we went over
that, discussions of, I believe, $175 for ~~ per defendant.

And the only curators that he would send to me
would be what was foreclosure properties that -- properties
that were going into foreclosure and that I -- I didn't even
know how to do one of those type curators.

But it is a curatorship in which you run an ad
and you write a letter and you submit a note of evidence. No
court appearance is necessary. Whereas the other types of
curators that I've done as a young lawyer would require you to
make a court appearance and to make formal notification to --
it would be a little more involved. T don't remember the
process.

JUDGE BENAVIDES: Were these, I guess, cases where you
didn't know where the defendant was and —~

THE WITNESS: Yes, sir.

JUDGE BENAVIDES: And so you would give out a kind of
a notice?

‘THE WITNESS: And even if you were to find the
defendant, you would just file a note of evidence, and that
would be the last of it.

JUDGE BENAVIDES: And that ended that.

Cheryl K Barron, CSR, CM, FORR 713, 250,5585



1075

Due to publishing constraints, Exhibit # 48, a video file of F.B.I surveillance, is only available
for Senators to review.


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A. Yes, he did. He joined us when he was in law school, as a
law clerk.

Q. And did he join you after he became licensed to practice in
the state?

A. He did.

Q. And how long did he stay with that group before the two of
you then set up your own partnership?

A. T really can't say. It's been 35 years ago, and Bob and T
practiced as partners up until April of 2005.

Q. 20052

A. Some period of time from '73, ‘74, '75 till 2005.

Q. Okay. And are you aware that Judge Porteous was on the
state bench from 1984 to 1994?

A. Of course.

Q. And are you aware that he's been on the federal bench since
19947

A. Sure.

Q. Did there come a time when Judge Porteous was on the state
bench, from '84 to '94, when he asked you or your partner for
cash?

A. He never asked me; but I know he -- from talking with Bob,
that he had asked Bob to split curator fees with him some sort
of way. I don't know how that came about, but -~

Q. Let's go back before the curatorships. was there a time

when you and Bob Creely would make draws -- both of you make

Cheryl K. Barron, CSR, CM, FCRR 713.250.5585



955

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Q. Okay. You just didn't -~ you didn't do it. Is that
correct?
A. Well, normally, I ~~ normally, it would be the full amount;
and I would just go ahead and record the check number and how
much it was for.
Q. Ms. Danos, if Judge Porteous leaves the bench, you would be
without a job. Is that correct?
A. Unless they would decide to keep me. I mean, they have
kept some of the secretaries prior to when judges retire and
something.
Q. Okay.

MR. WOODS: Thank you. I pass the witness, your
Honor.

JUDGE BENAVIDES: Judge Porteous?

JUDGE PORTEOUS: Just one or two. I'll be brief.

(CROSS~EXAMINATION

BY JUDGE PORTEOUS:
Q. Rhonda, in the entire time, is it an accurate statement
whatever you wrote on my behalf you got paid?
A. Yes, sir.
Q. Is there any doubt that I still owe you $7,000 or
something?
A. No, sir.
Q. Did you ever pay a ~~ did I ask you to pay my bill and not
reimburse you?

Cheryl K Barron, CSR, CM, FCRR 713,250.5585



03:50

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ever discussed that case with me; that is, Liljebergs, no one.
Q. We're not -- we're not trying to attribute any of the facts
of that case to you.

A, I'm sorry?

Q. We're not attributing any of the facts to your knowledge.

It's your understanding, though, that Jake Amato
had a case pending in front of Judge Porteous that had not been
ruled on when that $2,000 was given?

A. Tf it was given to him before he did rule, obviously, yes.
T mean, you know -- and that -- that case I -- it was coming to
this court no matter what. No.matter who won or who lost, that
case was coming to this court.

And the reason I stuck my head in from time to
time was that Mr. Amato would tell me his version of what was
going on and Mr. Gardner, who was one of the defense lawyers,
would give me his version and I was getting a hundred and
eighty degree read on how the facts were bleeding out into the
record.

And, so, every now and then, I would stick my
head into the room to see what the heck was going on.

Q. So, you were familiar with the case, the fact that it was
pending and Jake Amato was a party and that the judgment had
not been rendered in the summer of 1997

A. I don't know when it was rendered; but I know it was under

advisement for a year, I believe.

Cheryl K Barron, C5R, CM, FORR 713.250.5585



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conflicts. But my best recollection, whether it was for
wedding or whether it was for tuition, I did give him money.
Okay? Whatever it was for.

JUDGE LAKE: How mich money did you and your partner
pay him?

THE WITNESS: Judge I don't remember. I thought that
it was a thousand dollars apiece. I don't remember the -- the
amount. It could have been $2,000 apiece; but I thought it was
$1,000 apiece.

JUDGE BENAVIDES: What time frame is this, Mr. Woods?

MR. WOODS: It's my understanding and Mr. Creely has
testified this was in June, '99.

BY MR. WOODS:
Q. Do you not recall this now?
You've had your grand jury testimony, and you've
reviewed it today. Is that correct?
A. I read it this morning, yeah.
Q. - Okay.
A. Yes, sir.
Q. Now, do you recall stating in June, '99, that
Judge Porteous asked Jake Amato for $2,000 to pay for his
daughter's wedding or something to do with the kids?
A. Something to do with what?
Q. The kids.
A. Yeah. That's what I'm saying.

Cheryl! K Barron, CSR, CM, FRR 713.250.5565



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agreement that you would be paid back? :
‘THE WITNESS: No.
JUDGE BENAVIDES: So, it was a -- a gift?
THE WITNESS: Yes.
JUDGE BENAVIDES: So, you treated it correctly as
income and then just made a gift?
THE WITNESS: I paid income taxes on it and that -- it
was not to be paid back. I had no intentions on that.
BY MR. WOODS:
Q. Mr. Creely, am I accurate in saying that each time a
request was made through you or Jake Amato, the two of you
jointly withdrew draws from your fim and gave to the judge in
a cash form?
A. Speaking for myself, that's the way it occurred,. yes.
Q. Okay.

A. Now, every now and then, you know, he may have -- I don't
want ‘to speculate to that either; but, yeah, that's basically
the way it worked.

Q. All right. Did there come a period of time while he was

on ~~ still on the state bench that you told him that you
couldn't continue to support his lifestyle?

A. Well, when you say "lifestyle," I couldn't —--I couldn't -~
we just couldn't keep giving him money is the better way to put
it.

Whatever his lifestyle was, it was his lifestyle;

Cherylt K Barron, CSR, CM, FRR 713.250.5565



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JUDGE PORTEOUS: I may call Mr. Beaulieu, and I may
call Mr. Lightfoot. I mean, that's just been presented to me.
So --

JUDGE BENAVIDES: Without binding -- without binding
everybody, it's reasonable to conclude that we will conclude
tomorrow?.

MR. WOODS: JI think so, your Honor.

JUDGE PORTEOUS: Their side.

Mine, too? I don't know if you mean the entire
case.

T haven't been given an opportunity now yet to
talk to Mr. Beaulieu or Mr. Lightfoot, because we -~ just
informed me they're not calling them. And I didn't want to go
interfere and try to talk with a witness.

So, I mean, if they finish tomorrow, Judge, I
would like to at least start off Wednesday morning if worse
came to worst.

JUDGE BENAVIDES: Mr. Beaulieu is available?

MR. WOODS: Yes, he's available. And there's no
restriction on ~- you know, Claude Lightfoot is his attorney;
so, he certainly wouldn't be interfering by talking with him.
And Beaulieu is the trustee; so, he's not interfering by
talking with him. :

JUDGE PORTEOUS: I'm not saying

i'm just saying I
don't know what time we'll finish. And I —- I'm just asking,

Cheryl! K. Barran, CSR, CM, FORR 713.250.5585



1042

FRILOT, PARTRIDGE, KOHNKE & CLEMENTS, L.C.

Don C. Gardner, Esq.
February. 18, 1997
Page 2

this time consuming case will harm your present practice. As you explained, if the trial
is continued beyond June because Judge Porteous withdraws and gives thé case to a
new judge, you will not be able to remain involved. Also, Lifemark wants to give you
‘some incentive to be involved, even if the case sottles. :

To reiterate, Litemark is willing to offer you an outcome determinative fee, You
would receive the following fees based upon the results described:

1. $200,000 if Judge Porteous withdraws, or if the case settles prior to trial
{$100,000 retainer plus $100,000 severance).

2. $300,000. This would be the minimum payable for any result that allows
Lifemark to terminate the pharmacy agreement with no liability for future
damages.

3. $400,000 for a judgment or other result allowing Lifemark to terminate
the contract with no liability for future damages, and with damages for
ast actions in an amount less than $15.million in principal,

4, $500,000. This sum would be payable if the damages are less than'$5
million in principal, and Lifemark is able to terminate the contract as
described above. :

5. $600,000. This fee would be payable if the trial resulted in a judgment
allowing Lifemark to terminate the contract and damages are zero,

Took forward to meeting with you later this week.

Very truty yours,

Joseph N. Mole

JNM:keb

ce: Gary K. Rut, Esq.

Sco0398


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Mr. Gardner about the judge's need for money because of his
lifestyle or whatever?

THE WITNESS: «Don would bring that up quite often, Don
Gardner. And, yes, we did speak about that.

JUDGE BENAVIDES: So, was it your impression, then,
that Mr. Gardner was also giving money to the judge?

THE WITNESS: The only question I have that Gardner --
Mr, Gardner may have given the judge money was that he
mentioned on one occasion that I can recall that he -- and this
is his words -- he gave the judge a "great white," which is, my
understanding, a thousand dollars. That was his way of saying
that and -—

JUDGE BENAVIDES: Was that after he became a federal
judge that youhad this conversation?

THE WITNESS: I'm sorry. I don't remember. It may
have been from '94 to two thousand and

I guess, "3 is when
everybody -- these problems started coming down. During that
period of time, it could have been, yeah.

JUDGE BENAVIDES: Thank you.
BY MR. WOODS:
Q. Following up on Judge Benavides’ question, you also
indicated in your testimony that Lenny Levenson made a similar
indication to you that he was paying money?
A. Well, the -- what I said about Lenny was that the only
words Lenny used to me is, "This guy is killing me." And I

Cheryl K. Barron, CR, CM, FORR 713.250,5585



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sesaor | 10 | nde Sateeance A
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sesso SRN rege 37236 3
BERT | 1a | AGTEISUERCSUEERY onteans Ca
peat 50.80
soraey | v2 [conte AERC yew omteans ta
WSS BE oooraevEEae vigsre0] 26.10
sorser | 13 | aor sgaiee SeesGro-oese 8! 90
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yoraea | ra | ea QRREESE? SES oneans La
rece 268
roraea | as | eutiSVEREEE'Z ew oncenns ta
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soraea | 16 | oofSSRRRR Ese onceans 1
Eel ooo oeve Ree videvee| 45.36
vorses | 17 | woe GBSRE FOE Seas
eae ” wore] 23.71
corsa | 10 | sob 2888 CARTEL anve ( o
2062141 TOWING SRVS 12/07/99 65.95 }- SIS!
poses | 10 | sakiSZeterdMGWokteas La
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vorsm | 20) 19686822 me ie
5 160580" Fo00 wa¥bero0] 32:94
aes | 2 | val Pew ones 8
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ovaer | 2a| zea®eare " (x
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orace | 26] ecb’ $°8S5in CUPL Patone run ti
1 SaScee ot " wavtsvo0] sve
owas | 28 4 ‘ x
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orse: | 26 | ead 2SOHSDR,T SOOPER cans 1213
360 Sacral wivteyso] 38.56
ows: | oat a 2
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orsze | ze] ecrrs wine ceLtan uanoeviite rr
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oraza | ar oSSTERs865- S005 70ENy ontemnc TLE
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oraaa | 29 | ac ahstes rousdnes fr
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prs33 34 | HOOTERS. NCH NEW ORLEANS La
STEN Oy "aces eevee wiviny00] 20.42
vaca | a5| 20a cae thor re
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graze | 26 | Bas ees eee ew omeans
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have. I'm not saying you didn't do it.

MR. WOODS: It was on Friday.

JUDGE PORTEOUS: If I could -~ that was your original
exhibit list?

MR. WOODS: The exhibit list that was sent to you
Friday, that had your immunity order on it, there were two
lists there, one for these documents and one for the underlying
documents.

JUDGE PORTEOUS: And it said "Box"? I think that
was ~~

MR. WOODS: Yes.

JUDGE PORTEOUS: Okay. well, I received that.

Judge, I only have three witnesses; and I promise

you they'll all be brief.

CHIEF JUDGE JONES: All right.

JUDGE PORTEOUS: Could we have Mr. Lightfoot come in?

(Witness being summoned to the stand)

JUDGE PORTEOUS: Mr. Lightfoot, I think has been
granted immunity.

MR. WOODS: Yes.

JUDGE PORTEOUS: Is that still -~

CHIEF JUDGE JONES: I'm sorry?

JUDGE PORTEOUS: Mr. Lightfoot, has been given
immunity previously. I am assuming it's still applicable

today. Is that right?

Cheryl K. Barron, CSR, CM, FORR 713.250.5585



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] JUDGE BENAVIDES: More than 50 percent?

THE WITNESS: (Nodding head) .

JUDGE BENAVIDES: And that was the rule rather than
the exception?

THE WITNESS: That's just my estimation.

JUDGE BENAVIDES: Okay.

THE WITNESS: It's the best I can tell you. It was
done. To tell you exactly how much it was done, I couldn't
give you that.

JUDGE BENAVIDES: And was that done at his request or
did you volunteer to do that?

THE WITNESS: As I recall, it was his réquest.

JUDGE RENAVIDES: All right. Thank you. :

JUDGE LAKE: Did you understand you were being
provided the curatorships by Judge Porteous so that you would
then be able to reimburse him a portion of your fees? Was the
quid pro quo relationship made clear to you?

‘THE WITNESS: When you say "quid pro quo," do you
mean ~~

JUDGE LAKE: He would appoint you as curator -~ assign
you to represent a curatorship and you would then pay him back
a portion of your fees; was that your understanding of the
arrangement?

THE WITNESS: Yes. But it wasn't -- it was -- it was

basically a way for me to supply him funds as before instead of

Cheryl K, Barron, CSR, CM, FORR 713.250.5585



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se ser toten ot wnt eteey owe ena
CARD NUMBER
9823 PAYMENT RECEIVED = THANK YOU 11/19 3,365.00 -
[so1206 1 | croae Factory New ORLEANS
209280008 LYnm-sYSTeNS RETAIL PUR 30/18/90 22.70
[so1294 2| recpaabine Coney ion ne Dl
“000.8 Yor2ssa9 32.72
669295 3| nomnwestT AIRLINES” MaNRERD A
‘hte 9127048218493 10/21 717.50
828295 FLIGHT INSURANCE. CUR s717'50 1100
301286 «| Rea dn,EaNe" ean Go 0 i
‘Qo1520017 Crgat stones/staNos 10/22/99 31.50
501296 | ciagsie cuean View AUTO WeFFEREON La
Bion eas mise, Obes086e000" 10/22/90, 48.25
501296 6 | masta ran
Tegregson MOCO GAS / SERV 06025 10/22/00 14.00
501200 7| cata oct
otebos%2 Foon/ecvERAte 10/36/99 22.10
sorgot 8 | macs 8. company. y
SozToiogr F000/aevERace 10/27/99 28.87
501303 9 | exxon company u WEY 50
ex Euethse.' fasrasa2sa 10/20/90 20.28 |- 5?
sorsos | 10 onunina's neStaUnatnew oF
‘912792627 3612/01 POoD/sEVERAGE 11701799 31.48
sorso7 | 11 | cHtnese eine ew onteans:
"231010931 FOO0/eEVERAGE” 11/62/99 35.78
sorsos | 12 | xvoro ine New ORLEANS re
'00'253504 Fo00/sEveRAGe 11763799 39,51
osazce | 13 | cHaRLIES. Steak HOUSE NeW ORLEANS LA
nve6oSeee 47.95
sorsos | 14 | Louisiana Pizza KITCORETHA fry
‘O73102773 FOO, BEV, 1764/99 32.02
sorsi0 | 15| sour enina RESTAURACOVINGTON
‘oreeataa9 Foo 11/98/99 29.28
sora11 } 10 | service soo-e79-seaa ‘UR asec
00820 °662 ONLINE 11797799 21.95 Sto
jorsia | 17 | cnanese nino. NeW DRLEANS rs
"237010028 FOOO/SevERAGE 760/99 28.00
so1a1s | 18 | THE PRALINE COMEETTON NEW ORLEANS LA
000 Sy3y799 23.05
sorais | 19 | crime dou HARE a
‘G01020054 FOD0/eEvERAGE nifhores 26.40
301317 | 20 semocina VILLE
‘ores0175 FoOO/sEV uyor/99 25.14
sorsia | 21] cxtTve-ToXYo. ReS/AUMETAIRIE i
(075250817. F000/BEVERAGE nyftaroo]—nn2.55,
sorsio | 22 ii fey =
Tisanesonawacn cae /SEAY Gaara 11/t2/a9 10.51 | 6757
sorsz0 | 29 | v ALERANOERS RESTAMBATON RUA A
‘Gs1g00080 FoOD-Bev, nivis/99 37.09
soraz0 | 24 | cHinese xt NEW ORLEANS
"249010018 FOOD/Bevennce usissea 30.19
sorgaz | 25] sort touew CAR wasn HARVEY m5
52062120. TOWENG SINS niviere9 sr.95 b S752
sorsz2 | 28. 5 RSTR GARETH UA
‘000458959 FOOD And. BEVERAGE 11738799 22.10
igeaz0 | 27 | o1Lrags-Gaxwooo GRETNA tay
266015089 coweTns/GuSt RUFFLES 19718/99/ 184.88
199329 | 26 | ore anosconkwood,
‘356018054 DELIVERY FEES ai7ie/99 6.00
tsoa2a | 29 o1ecanos-axwose one
‘Recovsoss SPEC OnOeR DEPOSIT 11/40/99] 169.19
TOTAL FOR JACOB J AMATO JR $1,967.77 | 39,265.20

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. When I was on state bench?
A. You did.

Q. I believe it -- it got to the point where I appointed you a
lot on interdiction cases?

A. You did. We were friends; but I believe you liked the fact
that I always did my job, that I would see the people who were
being interdicted, that I would always file my returns
promptly, and I was always there to handle the curators.

Q. And you would, in fact, talk to these people?

A. Oh, absolutely. I would either write letters, run ads,
talk to people in hospitals, nursing homes, in connection with
the curators involving people who needed interdiction.

Q. Did I ever ask for any of that money back from the
curators? :

A, Not a penny.

Q. Ultimately, during the trial the Liljeberg trial -- which

was kind of convoluted. Fair statement?

A. Yes.

Q. Were there various points in time where the parties and I
sat down with respect to settlement negotiations?

A. Yes.

Q. And during those times, did I. tend to favor -- did it
appear that I was hanmering something down your throat?

A. No. I wouldn't use the word “hammering.” I think that you

were -- on a number of occasions at different points in the

Cherylt K Barron, CSR, CM, FCRR 713.250.5585



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Q. And anything adverse to report?

A. No.

Q. Did they ask you those kind of questions? Did you have
anything adverse to report?

A. No.

Q. Did they ask if I had financial problems or that you were
aware of, any of those kinds of questions?

A. They didn't ask those questions.

Q. Did they ask at the very end

very end of the interview,
which they always do, "Is there: anything you want ‘to tell us
about Judge Porteous:
that or do you remember?
A. I don't remember.

id they ask the generic question like

Q. Well, you certainly didn't tell them I was getting money
from you?

A. No.

Q. And when you did your interview with the FBI -~ am I
talking loud enough, Bob? Can you hear me?

A. Yeah, I can. I can. Yes, sir.

Q. When you did your interview with the FBI on Decenber 8th of
2003 -- in fact, as I'm looking at this, apparently you
reported to them the following, "Judge Porteous did not ask for
a kickback from the curatorships."

A. For what?

Q. -A kickback from the curatorships. That's what you told

Cheryll K. Barron, CSR, CM, FCRR 713,250,5585



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1109

LAED CM/ECF - Live - Docket Report Page 34 of 52

Liljeberg Ent Inc. (REF 93-1794) (dp) (Entered: 01/28/1997)

01/28/1997

35:

MOTION by plaintiff Lifemark Hospitals to compel dft, Liljeberg
Enterprises and its expert Dr. Arnold Levine to produce computer data
files referred to Magistrate Joseph C. Wilkinson Jr. to be heard before
Mag/Judge Wilkinson at 11:00 a.m. on 2/19/97. (REF 93-1793) (dp)
(Entered: 01/29/1997)

01/28/1997

35:

Memo in opposition by defendant Liljeberg Ent Inc motion for leave to
terminate contract [346-1] filed by plaintiff Lifemark Hospitals. (REF 93-
1794) (dp) (Entered: 01/29/1997)

01/28/1997

354

Memo in opposition by movant Donna E Erb to motion in limine to
require Donna Erb to testify at trial about her involvement in the bid-
‘igging of the judical sale of the hospital [329-1] filed by defendant
jeberg Ent Inc (REF 93-1794) (dp) (Entered: 01/29/1997)

01/28/1997

355

Memo in opposition by dfi, St. Jude Hospital to motion for summary
[judgment on dft's mitigation of damages counterclaim [325-1] filed by
plaintiff Lifemark Hospitals (REF 94-3993) (dp) (Entered: 01/29/1997)

01/29/1997

356

MINUTE ENTRY (1/28/97): Hrg held this date DISMISSING AS
MOOT - the motion by pla, Lifemark Hospitals to quash subpoena of
Douglas Draper on 1/8/97 [3321] - counsel for moval has advised the
Court that the ptys have resolved their discovery dispute; by Magistrate
Joseph C. Wilkinson Jr. (REF 93-1794) (dp) Modified on 01/30/1997
(Entered: 01/30/1997)

01/30/1997

3

35

Motion by dfts, Liability Assurance Society and ORDER to release
transcript of the proceedings in the Mtn to unseat record heard on 1/15/97
is GRANTED by Judge Eldon E. Fallon. (REF 94-1258) (dp) (Entered:
02/03/1997)

01/31/1997

351

Motion by plaintiff Lifemark Hospitals in 2:93-cv-01794 and ORDER to
continue motion by same for entry of preliminary injunction or for alter
relief (326-1) previously set for 2/5/97 to 2/27/97 & 2/28/97 at 10:00 a.m,
is GRANTED by Judge G. T. Porteous Jr. Date Signed: 2/3/97 (dp)
(Entered: 02/04/1997)

02/03/1997

351

S

Motion by plaintiff Lifemark Hospitals and ORDER for leave to file
reply memo to pla's opposition to dft's mtn for summary judgment is
GRANTED by Judge G. T. Porteous Jr. Date Signed: 2/4/97, (REF 94-
3393) (dp) Modified on 05/15/1997 (Entered: 02/05/1997)

02/03/1997

39%

Motion by plaintiff Life mark Hospitals for exped hrg on same's mtn to
strike sections of pla-in-counterclaim's memo in opposition to same's mtn
for summary judgment and UNSIGNED ORDER. (REF 94-3993) (dp)
Modified on 08/31/2000 (Entered: 05/15/1997)

02/03/1997

399

MOTION by plaintiff Liferark Hospitals to strike, sections M1, 11, 1V &
V of ft, Liljeberg Enterprises's memo in opposition to same's mtn for
summary judgment to dismiss mitgiation of damages counterclaim ; no
hg date set. (REF 94-3993) (dp) Modified on 05/15/1997 (Entered:
05/15/1997)

02/04/1997

8

36

Reply Memorandum by plaintiff Lifemark Hospitals. (REF 94-3993) (dp)

https:/lecf.laed.uscourts.gov/cgi-bin/DktRpt.p!?985087868617914-L_353_0-1 1922/2007


02:20

02:20

02:20

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02:21

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1021

466

A. None.

Q. Now, we did go ride the roller coaster or something
together.

A. I remenber a number of us rode the roller coaster at one of
the casinos. It was a 52 hour trip that happened very fast.
Q. Okay. And since I've been on the federal bench, have I
ever taken anything fram you?

A, Since you've been on the federal bench, I've not seen you
as previous, when you were a lawyer or DA or a state court
judge. I've had so limited contact with you in this court.
Q. But we have gone to lunch together?

A. We have gone to lunch together. And birthday lunches in
December.

Q. We all -- yours is the 12th, mine is the 15th?

A. I'm sorry?

Q. Mine is the 15th, yours is the 12th?

A. It is.

Q. And I think you've always paid for those.

A. I usually -- I pay for a lot of lunches.

Q. Okay. Did you feel like you were being miled?

A. By you?
Q. Yeah.
A, Never.

Q. And one of the witnesses said that you indicated to him

that you gave me a "great white,” meaning you gave me a

Cheryll K Barron, CSR, CM, FCRR 713.250.5585



1105

LAED CMECF - Live - Docket Report Page 30 of 52

10/17/1996

308

Memorandum by plaintiff Lifemark Hospitals in 2:93-cv-01794 in
support of same's motion for partial summary judgment pursuant to Rule
56 [260-1]. (REF ALL CASES) (dp) (Entered: 10/22/1996)

10/17/1996

30!

s

Reply BRIEF FILED by plaintiff Lifemark Hospitals to mtn for summary
judgment by dft, Liljeberg Enterprises. (REF ALL CASES) (dp)
(Entered: 10/22/1996)

10/18/1996

302

MINUTE ENTRY (10/18/96): A phone conf ws held this date bir
Mag/Judge in re: dipsuted costs; counsel must report to Mag/Judge by
11/12/96 on the mtn to compel payment of the audit costs by Magistrate
Joseph C. Wilkinson Jr. (REF ALL CASES) (dp) Modified on
10/21/1996 (Entered: 10/21/1996)

10/21/1996

304

MINUTE ENTRY (10/17/96): ORDERED that the pre-trial conf set for
10/23/96 at 3:00 p.m. is converted ta stat conf; each pty is to submit a list
of all mtns, materials & attachments that have been filed with the clerk
and/or submitted to the court by that pty by Judge G. T. Porteous Jr.
(REF ALL CASES) (dp) (Entered: 10/21/1996)

10/21/1996

305

JUDGMENT: denying motion by pla, Lifemark Hospital to recuse [277-
1] is DENIED by Judge G. T. Porteous Jr. Date signed: 10/17/96.(REF
ALL CASES) (dp) Modified on 10/21/1996 (Entered: 10/21/1996)

10/22/1996

310

MINUTE ENTRY (10/16/96): As stated in open court in the presence of
all ptys, excluding any depositons presently noticed with this court, all
discovery is closed as of this date by Judge G. T. Porteous Jr. (REF ALL
CASES) (dp) Modified on 10/23/1996 (Entered: 10/23/1996)

10/23/1996

3

Letter to Judge from counsel, Jan M. Hayden for John Liljeberg dated
10/22/96 in re: deleting counsel Jan M. Hayden of the law firm of
Bronfin & Heller from the mailing list. (REF ALL CASES) (dp)
Modified on 10/23/1996 (Entered: 10/23/1996)

10/23/1996

33

Motion by plaintiff Lifemark Hospitals in 2:93-cv-01794 and ORDER
for leave to file supplemental reply in support of same’s mtn for partial
summary judgment on circumvention is GRANTED by Judge G. T.
Porteous ir. Date Signed: 1/8/97 (REF 93-1794) (dp) (Entered:
01/10/1997)

10/28/1996

312

MINUTE ENTRY (10/23/96): Status Conf held; Non-jury Trial set
6/16/97; Counsel was informed that upon Lifemark’s fiting a writ of
‘mandamus on the mtn to recuse, a 30 day stay will be issd; Telephone
‘Status Conf set 11:45 10/31/96 by Judge G. T. Porteous Jr. (REF: all
cases) (gw) Modified on 11/01/1996 (Entered: 1 1/01/1996)

11/01/1996

313

MINUTE ENTRY (10/31/96): Telephone Status Conf held ; Telephone
Status Conf set 10:30 11/4/96 to schedule a settlement conf & choosing
an arbitrator ; Counsel for Liferark Hosp Inc stated that it would not
seek an appeal & req a stay of the proceedings since no further relief
would be taken on the writ of mandamus denied by the Fifth Circuit
Court of Appeals on 10/28/96 by Judge G. T. Porteows Jr. (REF: all
cases) (gw) (Entered: 11/04/1996)

1104/1996

314

ORDER from Sth Circuit Court of Appeals that the petition for wirt of
mandamus is DENIED. (Garwood, Jolly & Dennis), Circuit Judges.

https://ecf.laed .uscourts.gow/cgi-bin/DktRpt-p!?98508786861 7914-L_353_0-1 10/22/2007


1102

LAED CMECF - Live - Docket Report Page 27 of 52

09/25/1996

269

RETURN OF SERVICE of subp to Tenet Health System Hospital, Inc;
svd 9/24/96. (REF 93-1794) (dp) Modified on 09/25/1996 (Entered:
09/25/1996)

09/27/1996

27

3

Motion by defendant Liljeberg Ent Inc and ORDER for expediting hrg on
same’s min for extension of time to file oppositions to pla, Lifemark's
mins for partial summary judgment is GRANTED & set for 9/27/96 at
1:00 p.m. by Judge Ginger Berrigan. (REF ALL CASES) (dp) Modified
‘on 09/30/1996 (Entered: 09/30/1996)

09/27/1996

27:

3

Opposition by plaintiff Lifemark Hospitals to mtn by dfi, Liljeberg
Enterprises. (REF 93-1794) (dp) (Entered: 09/30/1996)

09/27/1996

273

Witness list submitted by plaintiff Lifemark Hospitals. (REF 93-1794)
(Gp) (Entered: 09/30/1996)

09/30/1996

27

Motion by defendant Liljeberg Ent Inc and ORDER for an extension of
time to respond to 3 mtns by pla, Lifemark Hospitals for summary
judgment is GRANTED until 10/2/96 by Judge Ginger Berrigan. Date
Signed: 9/27/96 (dp) Modified on 09/30/1996 (Entered: 09/30/1996)

10/01/1996

2

Stipulation by defendants, Liljeberg Ent Inc plaintiff Lifemark Hospitals.
(REF 93-1794) (dp) (Entered: 10/01/1996)

10/01/1996

21:

a

Amended Witness list submitted by plaintiff Lifemark Hospitals. (REF
93-1794) (dp) (Entered: 10/01/1996)

10/01/1996

27

a

Motion by plaintiff Lifemark Hospitals and ORDER for expediting bre
on same’s mtn to recuse is GRANTED & is set for 10/16/96 at 10:30 a.m.
by Judge G. T. Porteous Jr. Date Signed: 10/2/96 (REF ALL CASES)
(dp) (Entered: 10/03/1996)

10/01/1996

282

MOTION by plaintiff Lifemark Hospitals in 2:93-cv-01794 to compel
payment of audit costs referred to Magistrate Joseph C. Wilkinson Jr. to
be heard before Mag/Judge Wilkinson at 11:00 a.m. on 10/16/96 (dp)
(Entered: 10/03/1996)

10/01/1996

28:

Motion by Lifemark Hosp of LA Inc and ORDER that expm hirg on its
min to quash 30(b)(6) ntc of depo & subp dit served on Tenet
HealthSystem by dft Hosp Liljeberg is set for determination on the briefs
‘w/o oral argument; Counsel for Liljeberg Ent Inc has filed its resp om
10/4/96 by Magistrate Joseph C. Wilkinson Jr. Date Signed: 10/7/96
(REF: all cases) (gw) Modified on 10/10/1996 (Entered: 10/10/1996)

10/02/1996

ar

MOTION by plaintiff Lifemark Hospitals to recuse to be heard before
Judge Porteous at 10:30 a.m. on 10/16/96. (REF ALL CASES) (dp)
Modified on 10/03/1996 (Entered: 10/03/1996)

10/02/1996

27

‘Memo in opposition by defendant Liljeberg Ent Inc to motion for partial
summary judgment pursuant to Rule 56 [260-1], motion for partial
summary judgment pursuant to Rule 56 [259-1] filed by plaintiff
Lifernark Hospitals. (REF ALL CASES) (dp) (Entered: 10/03/1996)

10/02/1996

280

Memo in opposition by defendant Liljeberg Ent inc to motion for partial
summary judgment pursuant to Rule 56 [259-1] filed by plaintiff
Lifernark Hospitals. (REF ALL CASES) (dp) (Entered: 10/03/1996)

hitps://ecf.laed.uscourts.gov/cgi-bin/DktRpt. p1?985087868617914-L_353_0-1 1022/2007


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1126

LAED CM/ECF - Live - Docket Report Page 51 of 52

11/03/2000

Payment of appeal fee by plaintiff Lifemark Hospitals in amount of $
105.00 (rg) (Entered: 11/06/2000)

11/06/2000

Payment of appeal fee by plaintiff Lifemark Hospitals in amount of
$945.00 [541-1], [540-1], [501-1], [500-1], [480-1] (REF: ALL CASES)
(rg) (Entered: 11/07/2000)

11/06/2000

Payment of copy fee by plaintiff Lifemark Hospitals in amount of
$945.00 (REF: ALL CASES) (rg) (Entered: 11/07/2000)

11/13/2000

542

MOTION by defendant Liljeberg Ent Inc & St. Jude Hospital for
emergency status conf to be heard before Judge Porteous at 10:00
12/6/00 (REF: ALL CASES) (rg) Modified on 11/30/2000 (Entered:
11/14/2000)

11/21/2000

ORDER & REASONS: ORDERED that the mtn to stay execution filed
by Lifemark Hospitals of LA, Lifemark Hospitals, Amer Med Inth, and
‘Tenet Healthcare Corp is PROVISIONALLY GRANTED. Lifemark has
10 days to file supersedeas bond in the amt of $18,840,000.00 w/this,
Court. Lifemark, et al, mtn to approve supersedeas bond is DENIED.
Liljeberg Ent Inc's & St. Jude Hospital's mt for leave to execute jgm is
DENIED & the alter mtn to increase security for stay of execution of
enforcement is GRANTED. Lifemark has 10 days to post said security;
[532-1], denying motion to execute judgment & alter to increase dfis’
security for stay of execution of enforcement (525-1] by Judge G. T.
Porteous Jr. Date Signed: 11/17/00 (REF: ALL CASES) (rg) Modified on
01/26/2001 (Entered: 11/21/2000)

11/28/2000

544

Memo in Response by plaintiffs Lifemark Hospitals of LA, Lifemark
Hospitals, Amer Med Intl, Tenet Healthcare to [542-1] Liljeberg Ent and
St. Jude's motion for emergency status conf (REF: ALL CASES) (rg)
(Entered: 11/30/2000)

11/29/2000

‘Transmitted supplemental record on appeal to USCA (rg) (Entered:
1180/2000)

12/04/2000

545

Supersedeas Bond in amount of $ 18,840,000.00 filed by Tenet
Healthcare Corporation, Lifemark Hospitals of LA, Inc., Lifemark
Hospitals, Inc., American Medical International and surety American
Motorists Insurance Company (REF: ALL CASES) (rg) (Entered:
12/05/2000)

12/04/2000

Motion by defendant Liljeberg Ent Inc & St. Jude Hospital of Kenner and
ORDER for leave to file reply to Lifemark’s memo in response to mtn for
emergency status conf ; by Judge G. T. Porteous Jr. Date Signed: 12/5/00
(REF: ALL CASES) (rg) (Entered: 12/06/2000)

12/05/2000

MINUTE ENTRY ( 12/5/00 ) Status conf held this day at the req of
Liljeberg Ent; Court advised all parties that it is w/o juris to address
Liljeberg Ent's concerns as the matter is pending bfr the USCA; by Judge
G. T. Porteous Jr. (REF: ALL CASES) (rg) (Entered: 12/06/2000)

42/05/2000

Motion by plaintiff Lifemark Hospitals of LA, Lifemark Hospitals, Inc.,
‘Amer Med Intl, and Tenet Healthcare Corp and ORDER that the
supersedeas bond filed 5/8/00 in the amt of $15,000,000.00 is null and
void & said bond be delivered to Lifemark upon counsel's req ; by Judge

https://ecf.laed.uscourts.gov/cgi-bin/DktRpt.p!?985087868617914-L_353_0-1 10/22/2007


926

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for '99 and listed everything. And I think I had a total of
over 75,000 and ~~ but as I recall, that was without ~~ they
had stated I had cleared, like, 29. So, 75 and 29, is that
104, 000?

But I had it broken down into how much I had paid
for the judge.

At that time, my sons didn't havé a checking
account; and, so, they would give me the cash to pay for their,
like, car notes, their car insurance, their student loans,
which I'm sure they mist have given ~~

CHIEF JUDGE JONES: Did they have regular income?

THE WITNESS: Yes.

CHIEF JUDGE JONES: So, basically -- and you didn't
remember this when you were testifying for the grand jury?

THE WITNESS: Well, no, ma'am. It was back in '99,
and I just forgot that 1 had -- was paying all of Gordon's
and —-

CHIEF JUDGE JONES: I'ma mother, and I don't forget
when I pay -- you know, if I was taking in my sons' income and
paying out their checks -- or allowing them to use my account,
I certainly would not have forgotten that.

THE WITNESS: Well, it was eight years ago; and I
just -- I didn't think of it. They --

CHIEF JUDGE JONES: Well, when you testified, it was

only seven years ago.

Cheryl! K. Barron, CSR, CM, FORR 713.250.5585



02:28

02:28

02:28

02:29

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20
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1028

473

obligation to tell your client?

THE WITNESS: My client already knew that
Judge Porteous -~

CHIEF JUDGE JONES: Would you not have had an ethical
obligation? Answer "yes" or "no," sir.

THE WITNESS: No, ma'am,

JUDGE BENAVIDES: All right. You had --

CHIEF JUDGE JONES: For a hundred --

JUDGE BENAVIDES: You had indicated at one point, I
believe -- and I could be wrong about the attorney's name, but
I thought you said Creely calléd you and made reference to the
judge calling him and asking him for money. Is that correct?

THE WITNESS: For the externship?

JUDGE BENAVIDES: Yes.

THE WITNESS: Yes.

JUDGE BENAVIDES: All right. Do you recall when that
was?

TRE WITNESS: I don't. I'm so sorry. It would be
about the time that he got the extern appointment in
Washington, DC. Tt was around that time.

JUDGE BENAVIDES: At that time, was the Liljeberg case
still pending?

CHIEF JUDGE JONES: Sure.

JUDGE BENAVIDES: Was it prior to or during the time

that that case was pending?

Cheryl! K Barron, CSR, CM, FCRR 713.250.5585



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coming out of my pocket. It was being provided through the
curatorships.

It had nothing to do with, "Look, why don't you
give me these and I'1l give you that back," or "Do something
for me and -- you know, and I'l] give you this back.” It was
just -- it just occurred that he -- you know, he got the
curator money.

JUDGE. BENAVIDE

Now, you said that it was a way for
you to provide him money; but, in fact, that money came from
the court. So, I assume that there was a plaintiff or a taxing
body or someone that was. paying the costs.

‘THE WITNESS: Yes, sir. The plaintiff —~ I would
assume the plaintiff who filed the suit for the foreclosure
would have to post a curator -- fee for a curator.

JUDGE BENAVIDES: So, it was the plaintiff in
foreclosure that, in fact, was providing the funds that would
ultimately go back?

THE WITNESS: The lending institution that was
foreclosing upon the person.

JUDGE BENAVIDES: Thank you.

BY MR. WOODS:

Q. Mr. Creely, after the judge took the federal bench in '94,
were there continued requests for cash from you and Jake Amato?
A, I couldn't say “continued,” but there was requests, at

least one request that I recall.

Cheryl! K Barron, CSR, CM, FOR 713.2505585



oe

DAY TUESDAY | WEDNESDAY
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thousand dollars. Is that correct?

A. I have never given you a thousand dollars or any sum close

to that. At one time it may have been a couple of hundred

dollars, and I distinctly remember giving $200 to your son's

externship when he was in Washington. I don't know the year.
JUDGE PORTEOUS: I don't have any other questions.

CROSS-EXAMINATION

BY MR. WOODS:

Q. Mr. Gardner, you requested a copy of your grand jury

testimony since we weren't able to arrange to get together.

And I sent that to you last week?

A,“ Mr. Woods, you were very kind. You provided it for me.

I've got it right here.

Q. You have had a chance to review it?

A. Thank you.

Q. In the grand jury testimony, you stafed that you've given

Judge Porteous cash of approximately 2,000 to 3,000 dollars

over the past year. Is that correct?

A. Over the past 35 years, I would estimate that that would

probably be correct.

Q. And it would be in small amounts, like $300 or a hundred

dollars, when he would ask?

A. Yes.

Q. And you also rélated that you had sent workers to

Judge Porteous" house and that Judge Porteous paid for all of

Cheryl! K Barron, CSR, CM, FCRR 713.250.5585



937

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JUDGE BENAVIDES: -- and your bank records don't
reflect the checks from Judge Porteous to offset the amount
that you claimed that you —~ where you wrote checks for him,
then that difference was -- would have been made up in cash,
right?

THE WITNESS: Everything I wrote for him, he
reimbursed me for. I~ whether or not they were all in -~ and
I can't really remember back in -- from 1999 how mich was cash,
how much was ~~

JUDGE BENAVIDES: Well, if there was thousands of
dollars of discrepancy between the amounts that you deposited
in your account from checks from Judge -- drawn from Judge
Porteous, if there's a thousand -- if there's thousands of
dollars of difference between how much of his money you
deposited, which was lower than the checks that you wrote for
Judge Porteous, then you're saying that any of that discrepancy
was made up in cash payments?

‘THE WITNESS: Well, whether or not he paid it in cash
or check, I don't really -- I couldn't tell you how much, But
everything I wrote for him, he reimbursed me for, every single,
solitary thing.

CHIEF JUDGE JONES: Well, this is it here. In 1999,
this table reflects you receiving over 19,000 from Judge
Porteous.

THE WITNESS: Okay.

Cheryl K Barron, CSR, CM, FRR 713, 250.5585



02

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been committed.

JUDGE PORTEOUS: Judge, the only comments I now have,
since I've been on cross and answered all the questions, I
think, you had concerns whether I was still gambling. The
answer is a definitive no. And I only bring it up because you
asked. I'm the only one that can answer that question.

I think you know now, from reading Dr. Gabbard's
reports and from the reports of my treating doctors, that I
have quit drinking, both of which were just horrible
addictions. I don't look for any favoritism. You had
inquired, and I wanted you to know that both of those things no
longer exist, the second one probably brought about because of
the death of my wife, who -- I should have done it a long time
ago. But one thing about alcoholism that I've learned is
everybody has got a reason why they're not an alcoholic.
Clearly, I was wrong. So, I understand that.

With respect to the conduct that was committed,
all I can say is I understand what it looks like. I am also —~
I am absolutely giving -- and I understand the appearance of
impropriety. But absolutely no unfair or improper judgment was
rendered'by me, no suggestion that it's ever been rendered by
me.

T have a lot of friends. I've gone to lunches
with these people, a lot of them. Maybe, in hindsight, I
shouldn't have; but I didn't consider it, to be perfectly

Cheryll K Barron, CSR, CM, FORR 713.250.5585



oz:

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CHIEF JUDGE JONES: Did you ever review the motion to
recuse?

THE WITNESS: 1 did not.

CHIEF JUDGE JONES: Nobody asked you to?

THE WITNESS: No one asked me to, your Honor.

CHIEF JUDGE JONES: And you did not feel that you had
any ethical obligation to inquire whether there had been any
kind of relationship between the judge and the attorneys on the
other side, that should have been disclosed?

THE WITNESS: Your Honor, when I got in, the motion
had already been ruled on. And counsel had not filed any other
and they didn't ask me if I knew of any other facts that would
help them with a new motion and -~

CHIEF JUDGE JONES: Well, suppose you did know of such
facts. Wouldn't you have had an ethical obligation to tell
your client about them?

THE WITNESS: Your Honor, I knew that Judge Porteous
was going to rule on the facts, having known him all these
years.

CHIEF JUDGE JONES: No, sir, I'm asking you a
question.

Tf you had known of facts that would -~ of a
relationship between Judge Porteous and counsel for the other
side, that would have required him to make a disclosure for

purposes of a recusal motion, would you not have had an ethical

Cheryll K. Barron, CSR, CM, FRR 713.250.5585



953

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employees employed at a law firm?

THE WITNESS: No. I think you didn't allow me to
finish answering the question. I think that a number of people
are hired at law firms for reasons other than their ability,
because of the business they can bring and.the business they
can keep. ‘

As to Gary, I had'no idea that -- that Porteous
felt it was necessary to send curatorships to keep Gary on the
payroll, since I thought Gary was a good employee.

JUDGE BENAVIDES: So, you have no knowledge of that?

THE WITNESS: I really don't. I really -- you know, I
really can't answer. I mean, I'm just not in a position to
answer that question.

CHIEF JUDGE JONES: So, as far.as you're concerned,
it's okay to keep giving your friend money if he's on the bench
and then occasionally appear in his court and nobody is the
worse off for it?

TE WITNESS: Well, Judge, I think every lawyer has
friends who are on the bench.

CHIEF JUDGE JONES: How many judges take money from
lawyers who are their friends?

‘THE WITNESS: In the state court, they run for office
and you make political contributions and you go to cocktail
parties and things like that. So, here again, is that —-

CHIEF JUDGE JONES: Well, we aren't in -~

Cheryll K Barron, CSR, CM, FERR 713.250.5585



LAED CMECF - Live - Docket Report

hitps:/lecf.laed.uscourts. gov/cgi-bin/DktRpt.pI?985087868617914-L_353_0-1

1077

Page 2 of 52

ATTORNEY TO BE NOTICED

Edward D. Wegmann
Jones, Walker, Waechter, Poitevent,
Carrere & Denegre

Place St.Charles

201 St. Charles Ave.

50th Floor

‘New Orleans, LA 70170-5100
504-582-8000

Email: dwegmann@joneswalker.com
TERMINATED: 04/28/1994.

Howard Earl Sinor, Jr.
Gordon, Arata, McCollam, Duplantis &
Eagan LLP

201 St. Charles Ave.

Suite 4000

‘New Orleans, LA 70170-4000

(504) 582-1111

Email: hsinor@gordonarata.com
TERMINATED: 04/28/1994

John Flowers

Law Offices of John Flowers
900 Jackson St.

Suite 120

Dallas, TX 75202

(214) 741-5100
TERMINATED: 05/29/1996

Kenneth Antbony Mayeaux’
Catholic Charities of Baton Rouge
1900 8. Acadian Thruway

Baton Rouge, LA 70808
225-346-0660

Michael Raudon Phillips
Frilot LLC.

Energy Centre

1100 Poydras St.

Suite 3600

‘New Orleans, LA 70163-3600
(504) 599-8025

Fax: 504-599-8125

Email; mphillips@ftilot.com

Mites Paul Clements
Frilot, Partridge, Kohnke & Clements,
Le

Energy Centre

1100 Poydras St.
Suite 3600

10/22/2007


vo

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10
n
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16
7
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20
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906

268

COURT REPORTER'S CERTIFICATION
I certify that the foregoing is a correct transcript from

the record of proceedings in the above-entitled cause.
Date: November 1, 2007

of Murex.)

Cheryif K. Barron, CSR, CMR, FCRR
Official Court Reporter

Cheryl K. Barron, CSR, CM, FORR 713.250.5585



02:36

02:36

02:37

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wes

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1035

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If the -- i we conclude that the allegations
stated in this charging document are correct, it sullies the
reputation of the entire federal judiciary. And the last thing
the judiciary needs right now is for one of its members. to be
held up as a person who has abused his power and abused the ~~
abused one of our federal courts, being the bankruptcy court.

What will happen from here is that you're
entitled to make your statement; and then the lawyers for the
Committee and we will go back and we will prepare a report to
the Judicial Council of the Fifth Circuit. We hope to do that
in an extremely short period of time.

The chickens have come home to roost. We have
put the -- we have gotten the evidence out, and we -~ we plan
to make a report well before the end of the year.

When we do that, under the rules, you will have
ten days to respond. There will be no continuance granted.

JUDGE PORTEOUS: I understand.

CHIEF JUDGE JONES: None. And, therefore, we will
intend to move on that very quickly. And if we must refer the
matter up to the Judicial Conference of the United States in
Washington, I can pretty well guarantee you that it is going to
be on a very expedited basis up there, as well.

So, what I'm saying is that this is your last,
best hope to try to persuade us that there are not very, very

serious offenses of ethics and, arguably, of the law that have

Cheryl K Barron, CSR, CM, FORR 713.250.5585



oassa

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3:51

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215

that.

Q. Tell the Committee what you recall telling the judge.

A. ‘I didn't think it was appropriate for him to be sending his
secretary over there to pick this up.

Q. And why not?

A. Pardon me?

Q. Why not?

A. Well, I mean, it's quite obvious. It was getting -~ I
mean, you know -- you know, it's blatant almost -~ that you
send your secretary over, I mean —~
Q. Was that the last time that you and Jake gave cash to the
judge?
A. That I recall. But I could have given him -~ if he
would -~ if he would have asked me for something and told me he
had a problem, I could have very well have given him cash
again. And I ~~ I may have.
Q. And may have after that time?
A. I could have. I'm not -- I don't know that I did, but I'm
not: denying the fact that I did. It's just hard for me to put
all the pieces together.

I mean, that period of time was a bad part of my
life, too. And I'm trying to be as cooperative as I can, as I
think I've always been; with you and with the grand jury.
Q. You have been cooperative. Your memory is a little vague.

Do you have trouble remembering the times that

Cheryll K Barron, CSR, CM, FCRR 713.250.5585



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38230 | 92] CONTINENTAL AIRLINES MARRERO
kts 008701298 08/16 169.00
28290 FLIGHT INSURANCE. CURRENT 369000 19.00
31233 | 33 | haw in
weZZOsESz0N PAY AY The 08/47/09) 34.00
aizar | 3a ‘AND company "HaRveY
GtooebeDt FOOD, BEVERAGE 08/17/00) 22.24
TOTAL FOR JACOB J AMATO JR 32,096.08 | $3,302,
scoo4ss



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because his son, before he left to go to New York, had taken
Debbie and I to lunch at Commander's Palace.

Q. Do you recall getting a copy of the judgment and taking it
to Jake Amato?

A. When -- everybody and his brother was waiting for --
waiting for that judgment. Okay? When it did -~ when it did
come out, I might be wrong, but I think Debbie had called and
asked and I told Ricky, our courtroom deputy, that, you know, I
didn't know if I could give it to her. And he replied that it
was public record.

And if I recall, he ~~ either he or I called the
judge. The judge was at lunch and said it was okay. All
right? But Ricky told me it was public record.

JUDGE BENAVIDES: Now, let me ask you, when you say
when you "got it," what do you mean when you “got: it"?

THE WITNESS: Like, when he --

JUDGE BENAVIDES: Who did you receive it fiom?

THE WITNESS: Well, Ricky would have had to get a copy
of it.

JUDGE BENAVIDES: All right. Who did Ricky receive it
from?

THE WITWESS: Well, Ricky is the docket clerk; so, he
would have, I guess ~~

CHIEF JUDGE JONES: I know, but don't you do Judge
Porteous’ typing?

Cheryl! K. Barron, C5R, CM, FOR 713.250.5585



934

1999

ocr. 28

2000
JAN. 6
MARCH 27
APRIL 6
APRIL 25
AUG. 22
ocr. 4
NOV. 9
DEC. 20

SC00512


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brother-in-law.
I don't really know how Jake's son's ticket was
paid. I know we -- the law office paid it. So, when I checked
into the hotel, I checked into the hotel with a lot of baggage,
so to speak, myself, my brother-in-law, I think Trey.
And if the records say I paid for his room, then
I paid for his room.
Q. Okay.
A. But ~~
Q. Did you take -- we covered fishing trips.
Did you take Judge Porteous on hunting trips out
of the state?
AL Yes.
. And what value would you place on those trips?
A. Well, the value on the trips were -~ the trip, itself, back
in the early Nineties whenever we were going to Mexico was not
that expensive. ‘he trip was, if I remember, the $1500 range.
Q. What about after '94?
A. I'm sorry?
Q. What about after he was on the federal bench? You've
continued to take him fishing and hunting, haven't you?
A. I think when -- when I went through that information, I
tried to go by passport entry and -~ in and out of the country;
and also I went extensively through my records from '99. ‘The
grand jury lawyers asked me to get -- focus on this period of

Cheryll Barron, CSR, CM, FCRR 713.250.5585



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JUDGE BENAVIDES: All right. Now, you had indicated
that the curatorships -~ that you thought that the two or three
thousand dollars that was given out periodically every six
months, every three months in the past had to do with the
curatorships.

THE WITNESS: Right.

JUDGE BENAVIDES: All right. But there's no doubt
that there had been, you say, not more than $50,000; but would
it be fair to say ten to twenty thousand dollars in cash?

THE WITNESS: I would say, yes, close to that.

JUDGE BENAVIDES: And

and you were familiar and
aware of the motion to recuse?

THE WETNESS: 1 was.

JUDGE BENAVIDES: And you have litigated quite a bit,
I assume, over the years.

THE WITNESS: I have a number of battle’ scars, yes.

JUDGE BENAVIDES: All right. And you're probably
aware that the test for recusal is kind of an objective test;
that is, a person fully aware of the circumstances of the
relationship between the judge and the party, ‘the one who is
fully informed, whether there was -- whether there be
objectively that -- that would give the appearance of
impropriety or give a bad appearance with respect to the
proceeding. Is that correct? You're familiar with that, I

understand.

Cheryl! K Barron, CSR, CM, FERR 713.250.5585





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So, Judge Porteous* counsel was on top of the
grand jury investigation.

CHIEF JUDGE JONES: Judge Porteous, I think we can say
that we are -~ what the Committee is mostly looking at are
charges that have been enumerated a couple of weeks ago in the
charge document filed by the Special Committee and that were
illuminated by the evidence that we've heard in the last few
days.

We will not exclude the grand jury testimony, per
se; however, I'm quite certain that the Committee report is
going to be focusing principally on the evidence of the
witnesses who have been here as subject to cross-examination
and the ones that you've stipulated to. So, as a practical
matter, I don't think it's something that you're -~ that is
going to come up and bite you from behind.

JUDGE PORTEOUS: Okay. I understand, your Honor.

MR. WOODS: And further, your Honor, the underlying
exhibits that Judge Porteous wants into evidence, he has been
provided with a separate exhibit list listing those underlying
documents.

Pam informs me that she has a copy for the bench
but did not provide those to the judge. We will give that to
you.

JUDGE PORTEOUS: I don't recall that I got that

supplemental. So, if I could just get another one -- I may

Chery! K Barron, CSR, CM, FORR 713.250.5585



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A. I would assume it -- I don't know. I can't -- I can't I
can't answer that question. So, I'm sorry.
Q. You don't recall that?
A. No.
Q. If I told you I did that, would that surprise you? I mean,
you have no xeason to doubt it?
A. No, I don't. I don't have specific recollection.
Q. Okay.
A. I haven't had the most -~ great last five or six years
while this was going on.
Q. Yeah.
‘A. And I apologize. And last night I didn't sleep. I have a
five-day old child. And, so, I'm very tired today and I -- it
may sound at my age a little awkward, but that's the way it is.
But I -~
Q. I believe you have two now, Bob.
A. I have two,
Q. Congratulations, by the way. I never have seen either one
of them.
Let me just think, Bob, just for a second.

CHIEF JUDGE JONES: Judge Porteous, you said you gave
him what to defray the cost of Mr. Raphael?

JUDGE PORTEOUS: Curators.

CHIEF JUDGE JONES: What?

JUDGE PORTEOUS: Curators.

Cheryl K Barron, CSR, CM, FORR 713.250.5565



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you gave cash to the judge?
A. Well, yeah, Ido. I have problems remembering that.

Q. And why is that?

A, Well, in 2003 my mother died. It's a very emotional thing
for me. My daughter was admitted into a drug rehabilitation
facility for an extended period of time, and I went through a
divorce. And my life has been sort of confused, personally
confused; and I may not get every fact, every detail. Okay?

Q. Is it also because there were a number of occasions that
you were giving the judge and you have difficulty

remenbering '-~ remembering the specific ones?

A. jhen he was on the district court bench, I would agree with
that. When he became.-- got onto the federal bench, as I'm
telling you, it was not — it was not as it was when he was on
the state bench is what I'm trying to tell you.

Q. But are you also stating that it did continue to’ some
extent?

A. Yes, sir.

Q. And can you give the Committee any idea of how many dollars
that you and Jake Amato gave to the judge while he was on the
federal bench?

A, No.

Q. Can you recall --

A. I specifically recall the incident we just discussed. That

stuck out in my mind.

Cheryl K Barron, C5R, CM, FCRR 713,2505585



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Q. And, ultimately, I ruled?
A. What?
Q. Ultimately, I ruled?
A. Yeah, uh-huh.
Q. Was this ruling outside of what the position of the
plaintiff was? Albeit I've been determined to be wrong, wasn't
that the position the plaintiffs were arguing?
A. Yes..
Q. And I found in favor of the plaintiffs.
A. Yes.
Q. I didn't come up with some new theory of law, at least
pursuant to what was pled?
A. Not that T know of.
Q. And I think most of the trial, in fact, Don Richard did the
vast majority, did he not?
A. Don did a lot of it; I did a lot of it; and Doug Draper did
some of it. So did Lenny Levenson did some of it.
Q. It lasted quite awhile?
A. I think it'was about six weeks. Seemed -- seemed like it
went on for years but -~
Q. Yeah.

And just so i'm clear, this money that was given
to me, was it done because I'ma judge, to influence me, or
just because we're friends?

A. Tom, it's because we were friends and we've been friends

Cheryl! K Barron, CSR, CM, FCRR 713.250.5585



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wo

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THE WITNESS: Right. I think that was --

JUDGE BENAVIDES: And other than that $2100, do you
recall any other cash payments to reimburse you for what you
had paid for him?

THE WITNESS: Oh, he -- at times he'd give me cash,
but it wasn’t thousands of dollars.

JUDGE BENAVIDES: All right. Over that period of
time, would it have reached a thousand dollars?

THE WITNESS: Which period are you talking about? The
entire time I've been working for him?

JUDGE BENAVIDES: Yes, to reimburse you.

‘THE WITNESS: To reimburse me during all the years I
worked for him, if he would have given me more than a thousand
dollars in cash?

JUDGE, BENAVIDES:

TRE WITNESS: Oh, I would think so.

Yes.

JUDGE BENAVIDES: You think over 5,000 -~ you seem --
you've indicated that he would pay you back in a check and
for -- and that you would deposit those in the account --

‘THE WITNESS: Uh-huh.

JUDGE BENAVIDES: -- in your account, right?

THE WITNESS: Yes, sir.

JUDGE BENAVIDES: So, now you're saying that he also

paid you -- sometimes paid you back in cash?

THE WITNESS: Yes, sir.

Cheryl K Barron, CSR, CM, FCRR 713.250.5565



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1095

LAED CMIECE - Live - Docket Report Page 20 of 52

Dfis are ordered to file an opp by 12/26/95 at 5:00pm. by Judge Okla
Jones Ii Date Signed: 12/19/95 (REF ALL CASES) (dno) Modified on
12/20/1995 (Entered: 12/20/1995)

12/26/1995

187

Reply by dft Liljeberg Ent Inc to mtn for contempt or, alternatively, for
modification of protective order filed by pla Lifemark Hospitals. (REF
BOTH CASES) (dno) (Entered: 12/27/1995)

01/02/1996

188

Memo in opposition by pla Lifemark Hospitals to mtn for review of Mag
Wilkinson's 11/15/95 order filed by dft Liljeberg Ent Inc. (REF ALL
CASES) (dno) (Entered: 01/03/1996)

01/12/1996

189

RETURN OF SERVICE of subps to Maxicare, Bergen Brunswig Drug
Company & Louisiana Health Service & Indemnity Company svd
12/27/98. (REF 93-1794 & 93-4249) (dno) (Entered: 01/17/1996)

01/16/1996

190

NOTICE case reallotted to Judge G. T. Porteous Jr. by Clerk (tbl)
(Entered: 01/17/1996)

01/19/1996

19)

MINUTE ENTRY( 1/17/96): Court's m.e. of 10/27/96 is amended to
have C.A. 94-3993 re-allotted to Mag-2. Alll other aspects reamins in
effect. by Judge G. T. Porteous Jr. (REF BOTH CASES) (dno) (Entered:
01/22/1996)

01/23/1996

192

MOTION by plaintiff Lifemark Hospitals in 2:93-cv-01794 for protective
order pursuant to Rute 26(c)(1) & 30(a)(2)(B) for an order quashing
notices served upon dit, Liljeberg Enterprises, Inc., scheduling repeat
depositions of Charlotte Arras, Bonnie Bicocchi & Kenny Buttone
referred to Magistrate Joseph C. Wilkinson Jr. to be heard before
Mag/Judge Wilkinson at 11:00 a.m. on 2/7/96 (REF ALL CASES)(dp)
Modified on 01/24/1996 (Entered: 01/24/1996)

01/31/1996

193

ORDER that a Status Conf is set for 10:00 a.m. on 3/1/96 bfr Judge in
chambers to reschedule mtns set in these cases by Judge G. T. Porteous
Jr. (REF 93-1794) (dp) (Entered: 02/01/1996)

02/08/1996

194

MINUTE ENTRY (2/6/96): ORDER granting motion by dft, Lijebeg.
Enterprises for protective order pursuant to Rule 26(c)(1) & 30(a)(2)(B)
for an order quashing notices served upon dft, Liljeberg Enterprises, Inc.,
scheduling repeat depositions of Charlotte Arras, Bonnie Bicocchi &
Kenny Buttone [192-1] by Magistrate Joseph C. Wilkinson Jr. (REF 93-
1794 & 93-4249) (dp) Modified on 02/08/1996 (Entered: 02/08/1996)

02/09/1996

195

RETURN OF SERVICE of subp to Mediguip; svd 2/9/96. (dp) (Entered:
02/12/1996)

02/09/1996

196

RETURN OF SERVICE of subp to Lifemark Hospitals of LA. Inc; svd
2/9196. (dp) (Entered: 02/12/1996)

02/12/1996

199

RETURN OF SERVICE of subp to Venacare USA, Inc; svd 2/13/96.
(RE 93-1794 & 93-4249) (dp) (Entered: 02/13/1996)

02/13/1996

197

RETURN OF SERVICE of subp to Physician Salés & Service, Inc.; svd
2/12/96. (REF 93-1794 & 93-4249) (dp) (Entered: 02/13/1996)

02/13/1996

198

RETURN OF SERVICE of subp to Patio Drugs, Inc; svd 2/13/96. (dp)
(Entered: 02/13/1996)

hitps://ecf.laed.uscourts. gov/cgi-bin/DktRpt.p!?985087868617914-L_353_0-1 10/22/2007


1116

LAED CM/ECF - Live - Docket Report Page 41 of 52

Lifemark & agst Liljeberg Enterprises Inc. & St, Jude Hospital,
dismissing their claims & counterclaims for loss of the hospital &
dismissing Liljeberg Enterprises’ mtn to assume executory contract to be
heard before Judge Porteous at 10:00 a.m. on 8/6/97 (dp) Modified on
08/05/1997 (Entered: 07/23/1997)

07/22/1997

435

SMOOTH MINUTES: Non-jury held 7/22/97 at 10:00 a.m. bfr Judge;
Reported/Recorded by Elizabeth Spong; by Judge G. T. Porteous Jr. (dp)
(Entered: 07/28/1997)

07/23/1997

436

SMOOTH MINUTES: Non-jury trial held 7/23/97 at 10:00 a.m. bfr
Judge; Reported/Recorded by Elizabeth Spong; matter taken under
submission; counsel to complete exhibit lists w/in 10 days by Judge G. T.
Porteous Jr. (dp) (Entered: 07/28/1997)

08/04/1997

43

Joint statement regarding claims asserted in consolidated civil action,
(REF ALL CASES) (dp) Modified on 08/05/1997 (Entered: 08/05/1997)

08/04/1997

é

Letter to Judge dated 7/30/97 from counsel for defendant Liljeberg Ent
Inc in re: no written response is due from dfts, Liljeberg Enterprises & St.
Jude Hospital to mtn by pla, Lifemark for judgment as a matter of law.

(REF ALL CASES) (dp) Modified on 08/05/1997 (Entered: 08/05/1997)

08/04/1997

43

s

Exhibit list by defendants, Liljeberg Ent Inc & St. Jude Hospital of
Kenner. (REF ALL CASES) (dp) (Entered: 08/05/1997)

08/06/1997

440

ORDER denying motion by plas, Lifemark Hospitals Inc & Lifemark
Hospitals of LA. Inc. for judgment, in favor of pla, Lifemark & agst
Liljeberg Enterprises Inc. & St. Jude Hospital, dismissing their claims
counterclaims for loss of the hospital & dismissing Liljeberg Enterprises!
mtn to assuume executory contract [431-1] by Judge G. T, Porteous Jr.
Date Signed: 8/5/97 (dp) (Entered: 08/07/1997)

09/04/1997

44

Copy ofa Letter to Kenneth Fonte of Golden & Fontet from counsel,
Joseph N. Nole for plaintiff Lifemark Hospitals in ree: findings &
conclusions. (REF ALL CASES) (dp) Modified on 09/05/1997 (Entered:
09/05/1997)

09/18/1997

44;

Motion by defendant Liljeberg Ent inc and ORDER that Lifemark
Hospitals et al, plas & Liljeberg Ent Inc et al, dfts & dfs are granted a
‘one week extension of time from 9/18/97 w/in which to file their
proposed findings of fact & conclusions of law by Judge G. T. Porteous
Jr. Date Signed: 9/23/97 (REF: all cases) (gw) (Entered: 09/23/1997)

10/06/1997

443

MOTION by plaintiff Lifemark Hospitals to strike evidence and findings
of fact by dfi, Liljeberg Inc. to be heard before Judge Porteous at 10:00
a.m. on 10/29/97. (REF ALL CASES) (dp) Modified on 10/31/1997
(Entered: 10/07/1997)

10/10/1997

44s

Transcript Volume 14 of non-jury trial held 7/21/97 at 10:00 a.m. bfr
Judge. (REF ALL CASES) (dp) Modified on 10/15/1997 (Entered:
10/15/1997)

10/14/1997

444

Memo in opposition by defendant Liljeberg Ent Inc to motion to strike
evidence and findings of fact by dft, Liljeberg Inc. [443-1] filed by
plaintiff Lifemark Hospitals. (REF ALL CASES) (dp) (Entered:

hetps://ecf-laed.uscourts.gov/cgi-bin/DktRpt.pl?985087868617914-L_353_0-1 1022/2007


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1114

LAED CM/ECF - Live - Docket Report Page 39 of 52

06/12/1997

408

MINUTE ENTRY (6/12/97): ORDER that the mtn to strike expert
witnesses, Joan G. Hayworth & G, Hossein Bohani will be heard bf
Mag/Judge w/o oral argument; counsel for both ptys are to provide
Mag/Judge with written statements as sitp by Magistrate Joseph C.
Wilkinson. (REF 93-1794) Jr. (dp) (Entered: 06/13/1997)

06/13/1997

407

MOTION by defendant Liljeberg Ent Inc to strike John G. Hayworth &
G. Hossein Borhani as expert witnesses referred to Magistrate Joseph C.
Wilkinson Jr. w/out oral argument; no hrg date set. (REF 93-1794) (dp)
(Entered: 06/13/1997)

06/13/1997

409

Response by plaintiff Lifemark Hospitals [408-1] to minute entry of
6/12/97. (REF 93-1794) (dp) Modified on 06/13/1997 (Entered:
06/13/1997)

06/13/1997

MINUTE ENTRY (6/13/97): Hrg held this date granting as stip motion
by df, Liljeberg Enterprises to strike John G. Hayworth & G. Hossein
Borhani as expert witnesses {407-1} by Magistrate Joseph C. Wilkinson
Jt. (REF ALL CASES) (dp) Modified on 06/16/1997 (Entered:
06/16/1997)

06/16/1997

4l

Objections by plaintiff Lifemark Hospitals to trial exhibits by Liljeberg
Enterprises. (REF 93-1794) (dp) (Entered: 06/16/1997)

06/16/1997

412

Letter to Mag/Judge Wilkinson dated 6/13/97 from counsel for defendant
Liljeberg Ent Inc in re: minute entry of 6/12/97. (REF ALL CASES) (dp)
(Entered: 06/17/1997)

06/16/1997

414

Motion by plaintiff Lifemark Hospitals for exped hrg on sam'es mtn for
reconsideration of mtn to strike expert witnesses and ORDER - MOOT.
(dp) (Entered: 06/18/1997)

06/16/1997

420

SMOOTH MINUTES: Non-Jury trial held 6/16/97 bfr Judge;
Reported/Recorded by Elizabeth Spong; by Judge G. T. Porteous Jr.
(REF 93-1794) (dp) Modified on 07/14/1997 (Entered: 07/14/1997)

06/17/1997

413

PRE-TRIAL ORDER: PTC held 6/11/97 bfr Judge; Non-jury trial set for
6/16/97 at 10:00 a.m. bfr Judge by Judge G. T. Porteous Jr. Date Signed:
6/16/97 (REF ALL CASES) (dp) Modified on 06/17/1997 (Entered:
06/17/1997)

06/17/1997

2

SMOOTH MINUTESG: Non-jury trial cont 6/17/97 bfr Judge;
Reported/Recorded by Elizabeth Spong. (REF 93-1794) (dp) (Entered:
07/14/1997)

06/18/1997

415

‘Amended Objections by plaintiff Lifemark Hospitals to trial exhibits by
df, Liljeberg Enterprises. (REF ALL CASES) (dp) (Entered:
06/18/1997)

06/18/1997

422

SMOOTH MINUTES: Non-jury trial 6/18/97 bft Judge;
Reported/Recorded by Elizabeth Spong. (REF 93-1794) (dp) (Entered:
07/14/1997)

06/19/1997

423

SMOOTH MINUTES: Non-Jury trial held 6/19/97 bfr Judge;
Reported/Recorded by Elizabeth Spong; (REF 93-1794) (dp) (Entered:
07/14/1997)

https://ecflaed uscourts.gov/cgi-bin/DktRpt.p!?985087868617914-L_353_0-1 10/22/2007


1083

LAED CMIECF - Live - Docket Report Page 8 of 52

02/07/1994

30

Motion by defendant Liljeberg Ent Inc and ORDER that Jack Mark
Stolier’s name be removed from the court's records as counsel for same
by Judge Marcel Livaudais Date Signed: 2/8/94 (Ref: Both cases) (sw)
Entered: 02/08/1994)

02/08/1994

3

Motion by plaintiff Lifemark Hospitals in 2:93-cv-01794 and ORDERED
that the hrg on the mtn by dft, Liljeberg Ent Inc to remand to CDC,
Parish of Orleans [27-1} is reset to 3/2/94 at 10am by Judge Marcel
Livaudais Date Signed: 2-9-94 (REF 93-1794) (jlb) (Entered:
02/10/1994)

02/14/1994

32

MOTION by plaintiff Lifemark Hospitals for partial summary judgment
to be heard before Judge at 10:00 3/2/94 (Ref: Both cases) (sw) (Entered:
02/16/1994)

02/14/1994

3

Notice of Partial Dismissal by Lifemark Hospitals, counterclaimant, to
dismiss, withut prej, its claims agst dfts-in-counterclaim, John Liljeberg,
Robert Liljebert, and St. Jude Hospital of Kenner, La but reserving its
claims agst debtor, Liljeberg Enterprises, Inc. (Re: Both Cases) (br)
(Entered: 02/17/1994)

02/17/1994

33

MINUTE ENTRY 2/17/94: ORDERED that mins set for hrg at 10:00
3/2/94 bfr Judge will be submitted w/o oral argument by Judge Marcel
Livaudais (Ref: Both cases) (sw) (Entered: 02/17/1994)

02/17/1994

35

Reply Memo in opposition by pla Lifemark Hospitals to mtn to dismiss
the antitrust and unfair trade practices counterclaims of Lifemark
Hospitals of LA, Inc. [24-1] filed by dft Liljeberg Ent Inc. (REF BOTH
CASES) (dno) (Entered: 02/18/1994)

02/22/1994

36

Memo in opposition by plaintiff Lifemark Hospitals to motion to remand
case to Civil District Court, Parish of Orleans [27-1] filed by debtor
Liljeberg Ent Inc Ref 93-1794 & 93-4249 (kh) (Entered: 02/22/1994)

02/23/1994

37

‘Mtn by dft Liljeberg Ent Inc and ORDERED that the mtn by pla,
Lifemark Hospital of LA, Inc. for partial sum jgm (32-1) is cont to 10:00
3/30/94 by Judge Marcel Livaudais Date Signed: 2-23-94 (REF 93-1794)
(jib) (Entered: 02/24/1994)

02/28/1994

Motion by debtor Liljeberg Ent Inc and ORDER for leave to file suppl
memo in support of mtn for remand by Judge Marcel Livaudais Date
Signed: 3/1/94 (Ref: Both cases) (sw) (Entered: 03/02/1994)

03/02/1994

39

Supplemental Memorandum by debtor Liljeberg Ent Inc in support of
their motion to remand case to Civil District Court, Parish of Orleans
[27-1] (Ref: Both cases) (sw) (Entered: 03/02/1994)

03/04/1994

40

MINUTE ENTRY 3/1/94: Hrg held on mtn by Lifemark Hospitals to
‘compel debtor Liljeberg Ent Inc to respond to discovery propounded by
{18-1}; ORDERED granted, Full disc responses shall be given by "LEI"
no later than 3/11/94 by Magistrate Ivan L. Lemelle (Ref: Both cases)
(sw)Entered: 03/07/1994)

03/09/1994

4

Motion by plaintiff Lifemark Hospitals and ORDER that trial scheduled
for 7/18/94 be rescheduled by Judge Marcel Livaudais (Ref: Both cases)
(sw) (Entered: 03/10/1994)

https:/lecf laed.uscourts.gov/egi-bin/DKtRpt.p1?98508786861 7914-L._353_0-1 10/22/2007


03:36

03:36

03:36

03:36

839

203

but we just couldn't keep giving him money.
Q. Well, I understand; but I believe you remarked to us
earlier that giving him money for car payments or house
Payments was one thing but you were concerned about whether or
not it was gambling and drinking and that lifestyle. Is that
an accurate statement —
A. Yes, sir. Yes, sir.
Q. -- of what you related to us?
A. (Nodding head) .
And did you tell the judge that?
A, I don't recall if I specifically told him that it was
because of his lifestyle, but I told him that I -~ we could not
continue giving him money, I couldn't continue giving him
money.
Q. All right. And that's while he was still on the state
bench. Is that correct?
A. Yes, sir.
Q. What happened as a result of that, between you and Judge
Porteous, on the issue of giving money?
A. I don't think anything happened.

In our friendship?
Q. No. I'm speaking more of the curatorships.
A. Oh, if you're speaking about curatorships, the curators
started coming to my office.

Q. Would you explain to the Committee what a curatorship is?

Cheryl K Barron, CSR, CM, FOR 713.250.5585



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Q. Mr. Amato, would you state your full name to the Committee,
please?

A. Jacob J. Amato, Jr.

Q. Mr. Amato, let me show you an immunity order, which you
have previously seen, which is Exhibit Number 38.

A. Yes, I've seen this before.

Q. Okay. And that's been provided to your counsel.

You realize that you have immunity for what you
testify to here today, but not for any false statements or
perjury?

A... Yes, sir.

Q. Okay. You have previously testified in front of the
federal grand jury. Is that correct?

A. Yes, I have.

Q. And you were under a grant of immunity at that time?

A. Yes, I was.

Q. Okay. And you've been given an opportunity to review that
grand jury testimony once with Mr. Finder and myself and your
counsel; and then also on Friday, I believe, I provided your
counsel with a copy.

You've had a chance to review it today before you
testified?

A. I have reviewed the grand jury testimony.
Q. Okay.

A, My grand jury testimony.

Cheryl! K Barron, CSR, CM, FCRR 713.250.5585



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CARD. NUMBER Ded
35126 PAYMENT RECEIVED - THANK YOU 08/09 5.17715
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06/60 "THRU O5 708 $8.09 |Des2
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AND BEVERAGE ‘04724700 20.27
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coagigzonee Fonn/eevERAcE 08/26/00 64.25
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501119 6 | maynarran HARVEY 5150
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$co047”


1117

LAED CMEECF - Live - Docket Report Page 42 of 52

10/15/1997)

10/29/1997

446

ORDER & REASONS denying motion by Lifemark Hospital to strike
evidence and findings of fact by df, Liljeberg Inc. [443-1] by Judge G. T.
Porteous Jr. (dp) (Entered: 10/29/1997)

11/20/1997

44

Motion by defendant Liljeberg Ent Inc in 2:93-cv-01794 and ORDER
extending time until 12/15/97 to wile brief by Judge G. T. Porteous Jr.
Date Signed: 11/25/97 Ref all cases (kh) Modified on 11/26/1997
(Entered: 11/26/1997)

01/06/1999

44

MINUTE ENTRY (1/5/99): Although the Court is satisfied with the
issues of liabitity, the Court requests each pty to submit an additional
post-trial brief only on their respective claims of quantum w/in 30 days
from todays date; briefs must not exceed 35 pages & must be submitted
in 12 point Times New Roman font on standard 8 1/2 x 11 paper with
one inch margins & double spaced lines; any deviation will not be
considered; by Judge G. T. Porteous Jr. (REF 93-1794, 93-4249, 94-
3993, 95-2922) (dp) (Entered: 01/06/1999)

02/04/1999

44

Memorandum by plaintiff Lifemark Hospitals of LA & Lifemark
Hospitals, Inc in support of damages in favor of same in the amount of
$87,785,339.47. (REF ALL CASES) (dp) Modified on 02/08/1999
(Entered: 02/05/1999)

02/05/1999

&
3

Post trial Memorandum by defendants Liljeberg Ent Inc & St. Judge
Hospital concerning quantum per the minute entry filed and entered
1/6/99 . (REF ALL CASES) (dp) Modified on 02/09/1999 (Entered:
02/08/1999)

04/12/1999

45

NOTICE by counsel Don M. Richard for defendant Liljeberg Ent Inc of
same's change of address. (REF 93-1794, 93-4249, 94-3993, 95-2922)
(dp) Modified on 04/13/1999 (Entered: 04/12/1999)

06/16/1999

452

MOTION by-defendant Lifemark Hospitals to reopen the record in this
matter for the submission of additional evidence to be heard before Judge
Porteous at 10:00 7/7/99 (REF: ALL CASES) (tbl) (Entered: 06/16/1999)

06/24/1999

Reply/Memo in opposition by defendant Liljeberg Ent Inc to motion to
reopen the record in this matter for the submission of additional evidence
[452-1] filed by plaintiff Lifemark Hospitals (REF: ALL CASES) (rg)
(Entered: 06/25/1999)

06/30/1999

454

Motion by plaintiff Lifemark Hospitals and ORDER for leave to file
suppl memo in support of its mtn to reopen ; by Judge G. T. Porteous Jr.
Date Signed: 7/1/99 (REF: ALL CASES) (rg) (Entered: 07/02/1999)

07/02/1999

45

‘Supp! Memorandum by plaintiff Lifemark Hospitals in support [452-1]
of their motion to reopen the record in this matter for the submission of
additional evidence. (REF: ALL CASES) (rg) (Entered: 07/02/1999)

07/07/1999

456

‘ORDER AND REASONS: ORDERED that Lifemark's motion to reopen
the record in this matter for the submission of additional evidence is
DENIED. [452-1] by Judge G. T. Porteous Jr. (REF: ALL CASES) (rg)
(Entered: 07/08/1999)

07/12/1999

457

MINUTE ENTRY (7/9/99): The Court AMENDS its Order & Reasons,

https://ecf-laed.uscourts. gov/cgi-bin/DktRpt.p!?985087868617914-L_353_0-1 1072272007


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equal draws and the cash be given to Judge Porteous before the
curatorships?

A, Before the curatorships?

Q. Yes, sir.

A. No.

©. Not that you recall?

A, Not that I recall.

. Okay. Tell the Committee, then, about the curatorships.
A. It's kind of hard for me to say. At some point in time
when Judge Porteous was on the state bench, Bob Creely started
getting a number of curator cases. And after a period of time
that that went on, Bob came to me and said that, "The judge
is -- Judge Porteous wants some of the curator fees. What
should we do?"

Q. And what did you tell him?

A, Well, I told him I didn't like the idea but I guess it's
something we had to do.

@. All right. What did you do?

A. Any time that he would need cash from the curatorships, Bob
and I would each draw a check of an equal amount, cash it, and
somehow or another the money got to Judge Porteous.

Q. Okay. And did you handle the transfer to Judge Porteous or
did Bob Creely?

A, I -- I don't recall ever giving Judge Porteous any money

from the curatorships. I might have, but I don't recall any.

Cheryl K, Barron, CSR, CM, FORR 713.250.5585