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ORDER DIRECTING 

FILING ORIGINAL DEPOSITION TRANSCRIPTS 

(CR05-1631JCC) — 1

The Honorable John C. Coughenour 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE 

SECURITIES AND EXCHANGE 

COMMISSION, 

 Plaintiff, 

 v. 

C. PAUL SANDIFUR, JR.; et al., 

 Defendants. 

No. C05-1631-JCC 

ORDER DIRECTING FILING OF 

ORIGINAL DEPOSITION 

TRANSCRIPTS IN REGISTRY OF 

COURT FOR USE IN CRIMINAL 

TRIAL 

 With the consent of the parties in matter No. C05-1631JCC, Defendant Thomas Turner 

having moved pursuant to F.R.Civ.P. 5(d) for an order directing the filing of original deposition 

transcripts with the Clerk of the Court, so that these materials may be used in cross-examination 

and in refreshing recollection of witnesses in the criminal trial scheduled to begin May 29, 2007, 

and good cause having been shown therefore, and it further appearing that deposition transcripts 

of present and former Ernst and Young personnel Jack Behrens, Greg Kormanik, Erin O’Neil, 

and Theodore Anderson are protected material under the terms of a protective order, at Docket 

No. 160, it is hereby ORDERED, that: 

Case 2:05-cv-01631-JCC Document 186 Filed 05/14/07 Page 1 of 2
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ORDER DIRECTING 

FILING ORIGINAL DEPOSITION TRANSCRIPTS 

(CR05-1631JCC) — 2

 (1) the sealed originals of depositions listed of Ernst and Young personnel shall be 

delivered to Chambers for safekeeping under seal, without further order of this Court (with a 

copy of this Order accompanying such filing), pending use at trial in matter CR05-0355C; 

 (2) the originals of remaining civil case depositions in C05-1631JCC shall be delivered to 

Chambers for safekeeping, pending use at trial in matter CR05-0355C; 

 (3) the In Court Deputy shall make the originals of the transcripts filed in the civil case, 

in Matter No. C05-1631JCC, available in the courtroom for use at trial in United States v. 

Turner, No. CR05-0355C; and 

 (4) following the criminal trial, all transcripts remaining with unbroken seals, not used in 

the criminal trial, and all transcripts not made part of the criminal trial record, shall be returned 

to the respective civil case parties for safekeeping. Subject to possible objection by the United 

States at such time, the Court may entertain a motion for substitution in the criminal trial record 

of copies for any transcripts that may need to remain with the criminal trial record, permitting 

civil trial counsel to make use of the originals at the civil trial scheduled for next fall. 

 The parties to SEC v. Sandifur, et al. have agreed, and this Court approves, that in the 

event any original deposition transcript remains part of the criminal case record and is 

unavailable for their use at the civil trial, a copy may be substituted for the absent original and 

used for any purpose in the civil case for which the original could have been used. 

DATED this 14th day of May, 2007. 

 

 UNITED STATES DISTRICT JUDGE 

A

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