Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 20 of 52

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CONFIDENTIAL
Page 28
have had with Mrs, Zeller and Mr. Wampold that you've
described for us, do you recall any other conversations
you had with Ms. St. Paul -- excuse me -- with Mrs: Zeller

with either Mr. Wampold or Mr. Peterson presently? And
let's leave the mediation aside.
MS. CARR: Object to the form, argumentative.
THE WITNESS: Yes.
BY MR. CARBIN:
Q Okay. How many others of those conversations
Gia you. have?

A Don.

OMe

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understanding that would let them put it behind them. And

until we could set up a meeting, which wasn't going to be
Tiger Woods, but it was going to be Chris Hubman and Joe
Foggia or Dave Christensen, that the case wasn't going to
be settleable.

So, basically the sum and substance of my
discussions with Doug would have been, are we going to get
the clients together; when can we can get them together;

where can we get them together; things along of that

nature.

A The best --

MS. CARR: Objection, vague.

Go ahead.

MS. FOLEY: I'll just interrupt and designate
again all questions regarding settlement discussions
are confidential, including the previous two answers.

THE WITNESS:

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 37 of 52

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Page 51
ne attorneys spoke about the

‘thlement purposés .

cali telling ner anything else?

liters. Zeller?

a
Q

Probably not.
plas=there: anybody else on the call aside from

(you and Ms. Zeller?

Ag

Unless you were listening, no.,
THE WITNESS: I'm going to take a break now.
(A brief recess was taken.)

MR. CARBIN: Let's go back on.

BY MR. CARBIN:

@piavanything come of that discussion that you.

Q
Had with Mr. inidge in Vermont, in terms of further
Settlement | dialogue?

A Case settled. J

Q Well, I'm talking about the - you had a

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Page 68
1 A Carol Williamson and Associates, which was a
2 defendant at the time, I believe.
3 Q Did you or anyone from your office ever speak to

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213)

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Ze)

St. Paul to get their agreement to enter into this
protective order before it was agreed to?

MS. CARR: Objection, foundation-less as to
those individuals from his office.

THE WITNESS: Probably not. This is not the
sort of - what I consider ministerial litigation
document that would require the insurance company's
input.

We were protecting confidential documents of the
parties, namely Tiger Woods, primarily, and
Christensen also; and the insurance company was not a
party to the action, it would have no need to protect
its proprietary information.

BY MR. CARBIN:

Q Were there any discussions amongst the
Christensen camp about whether or not this protective
order should be agreed to?

MS. CARR: Objection, form; overbroad; lack of
foundation with respect to the conversations he may
or may not - or he was not a part of.

THE WITNESS: He, including Casey Marshall and

the Christensen camp?

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much call, leave a voice message, call back. So, if I'm

responding to a voicemail message, I don't necessarily
consider that initiating a call, I consider that calling
back. So, I couldn't specify who initiated the calls in

terms of how we actually spoke.

A iled a’motion to dismiss or transfer; the
j Genied the motion to dismiss or transfer, 9 >»

me

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 52 of 52
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Page 89}

MS. CARR: I was just thinking. You just asked
what he thinks. Go ahead, please.

THE WITNESS: I don't think the fact that the
insurance company may be paying for a legal defense
gives the right for the insurance company to dictate
the strategy.

BY MR. CARBIN:
Q Does it give the insurance company a right, in

your opinion, to be involved in deciding what the strategy

should be?
A No.
Q Do you think that the fact that the insurance

company is paying for the defense and paying the legal
fees of your firm creates any obligation and
responsibility on your firm's part in terms of reporting
to the insurance company?
MS. CARR: Objection, vague.
THE WITNESS: Only to the extent that my client,
who is my responsibility legally and ethically,
desires that I do so.
BY MR. CARBIN:

Q So is it fair to say that whatever reporting you
would do to the insurance company in this case, St. Paul,
would be predicated upon instructions you got from your

client?

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 24 of 52
CONFIDENTIAL —T

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to
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Sey

BY

Page 33
the mediation with the knowledge that Judge Scott would

the mediator. So, yes, I would say that we all secured

Paul's consent to the use of Judge Scott. 4
MR. CARBIN: Can I have that answer back?
(The answer was read back by Madam Reporter.)

MR. CARBIN:

Q Do you know if anybody from the Christensen camp

secured St. Paul's agreement before Former Judge Scott was

picked as a mediator?

BY

MS. CARR: Objection, asked and answered.

THE WITNESS: Same answer I just gave you. Her
- her conduct implies that she consented, she sent
Bruce Wade. The mediation couldn't go forward if she
didn't send him, because we would be in violation of
the local rule. So if she didn't want us to use
Judge Scott, she could have withheld Bruce Wade from
the mediation.

MR. CARBIN:

ost
Wd

\
{Q Have “you ever: Ses the Gnsirance policy between Ww Wer
st. Paul and Christens
ye
[A otomay have seen it when St. Paul filed the’
lawsuit in Fort Lauderdale and violated the,
éentidentiality of the settlement agresment. /

Q Prior to the filing of the declaratory judgement

action in Florida, had you seen the Christensen/St. Paul

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 42 of 52
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BY MR. CARBIN:

Q And this personal character to any potential
resolution, is that something that was brought up by
Mr. Baldridge?

A In part.

Q Did Mr. Baldridge indicate that an apology would
be needed for resolution to figure out that?

MS. CARR: Objection, vague as to time frame.

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 5 of 52

CONFIDENTIAL
Page 7

1 ales of ingedlectial erty Law)

2 @ What! fami Ss phat?

3 A Lott & Friedland)

4 @ . How! Tong have “you! been’ a. member of Tort 1s

5 Priedland?

6 LBS July. bea.

7 Q Have you been affiliated with Lott & Friedland

8 in Florida since July of '94?

9 A No. I've been affiliated will Lott & Friedland
10 in Florida since July '91. I became a member of the firm
11 in July ‘94.

12 Q You anticipated my next question. When did you
aE) join Lott & Friedland?

14 A July "91.5

15 Q Have you ever been sanctioned or reprimanded in
16 your handling of a professional duty?

17 A By whom?

18 Q Anyone.

19 A I've been criticized by my partners for not

20 doing something the way they wanted to do; but not

idk officially sanctioned by a Bar organization or anything
22 like that.

23 Q Or a court?

24 A Or a court.

25 Q Do you have a -- withdrawn.

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 35 of 52
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Page 45
Cassy and i spoke qiti Doug the prior year, babically

ing well] extend the warranty) i we Mdomaice a Blac

statement; and welll go from there. | And poug said
he :):detakerde Bagh fo) his Clisut, andi we sadd wen

take iit pack | to our client, which feally meant just

yeugetting J6e to aguee ‘to come to & meeting,
BY MR. CARBIN:

Qe doe Foggia?

Aogmves/ (ir: And that wad Wealtyoene extent of ic.
ye were all, everyone was leaving.to»go to the airport to
get their flights, but we said we wanted to reopen the
possibility of settlement discussions.

MS. CARR: Again, Intervenors designate all
testimony about settlement discussions as

confidential.

BY MR. CARBIN:

Q Did you"stay with Mr. Wampold and Mr. Baldridge
throughout. that evening before you got on»your flight?
MS. CARR: Objection, vague.

THE WITNESS: We went to the airport, I

think we went to the airport together and I think

they were -- I was flying home and they were flying

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007

CONFIDENTIAL

Page 21 of 52

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Q I'm sorry?

The

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10



Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 27 of 52

CONFIDENTIAL .
\
’ age 36
1 basically broke down [or - or didnit exiet for anocher
2 year.
ch Q As far as you were aware of?
4 A As far as my involvement was concerned in - in
5 settlement talks.
6 Q Who was it that recommended against agreeing to
7 the preliminary injunction?
8 A Judge Zloch, the judge overseeing the case
9 questioned whether we were sure we really wanted to enter
10 into a consent preliminary injunction matter.
al Q Did he give a reason why he questioned that?
12 A In my read of the transcript is, he didn't think
13 they had the strongest of cases.
14 Q They not having the strongest of cases being the
145) Woods camp?
16 A There was only one party that had the case at
17 the time of the preliminary injunction hearing.
18 Q With respect to the settlement dialogue, were
19 you aware of any proposal about a meeting in Florida?
20 MS. CARR: Objection, vague.
21 BY MR. CARBIN:
22 Q In the fall of '04.
23 A Between or among who?
24 Q Between the Woods camp and the Christensen camp.
25 A Yes. During the conversation, I believe Casey

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 23 of 52

CONFIDENTIAL
Page 32
1 A You just told me you have my emails and you
2 haven't seen them, so I assume I didn't.
3 Q Did you get St. Paul's agreement to Ex-Judge

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Scott as mediator before he was appointed?
Did I, personally?
Yes.

No.

0 rf Oo BF

Did anybody from your office, as far as you
know?
They paid his bill.

Will you answer my question, please?

> Oo bP

I don't know.
Q Do you know if anybody from the Christensen camp
got St. Paul's agreement to Ex-Judge Scott as a mediator

before he was appointed?

A Nobody from Christensen's camp was ever told by

Q Will you answer my question?

St. Paul that Judge Scott could not be our mediator. és
i!
ae

A I just did.

Q Do you know if anybody from the Christensen camp
secured St. Paul's agreement to the appointment of Former
Judge Scott as mediator?

A I would infer that Donna Zeller's silence on the
issue was her consent. She knew who we had picked and she

knew the mediation was going forward. She sent Bruce Wade

¢

.,
3 Ly

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 36 of 52
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Page 50
on track here.

We were talking about the sett vement discussion
youshad with Mr. Baldridge and Mr. Wampold following thé
deposition of Mr. Bobrow in Vermont /{Noverber of 2 05) pi
you report that disdussion te St. Paul?

A Gas

MS. CARR: Objection, asked and answered.

Sorry, please let me get the objection in.
BY MR. CARBIN;:

(2 Who did you ae to at st. Raul?©
A) “There is only one personel ever Bpoke to at
Sty Paul, outside of the mediation.

Q That was Mrs. Zeller?

MS. CARR: You need to give a verbal answer.

THE WITNESS: That wasn't a question, that was a
statement. That was Mrs, Zeller is nota question.
If he wants.to say, was that Mr. Zeller, I'm happy to
answer the question. Since we can now play these
games, we'll play the games.

BY MR. CARBIN:

I'll adopt that question.
¥Yesy
_Donyou Lb what you told Mis. Zeller?

£

Verbatim, no.

Q

a
& ap
Q Whatedowyou recall that you told mre. Zéirer?
] y

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 18 of 52

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Page 26

1 Si His wife?

2 A Yes

3 Q Anyone else?

4 A I'm not sure if there was a 30(b) (6) of the

5 corporation, and I'm pretty sure that Chris Hubman was not
6 deposed at the same time as Tiger Woods and his wife. I

7 believe we found a day when Tiger wasn't - was available

8 and his wife was available the next day. And Chris

9 Hubman, we deposed him, I want to say, a couple weeks

10 later. We deposed him closer to the mediation.

pig Q Now, in terms of those conversations you may

12 have had with Ms. Zeller and Mr. Wampold concerning the

13 start of the depositions and the Woods! depositions, do
14 you recall anything further about what was discussed

15 during the deposition?

16 MS. CARR: Objection to the form, argumentative.
17 THE WITNESS: Can you read that question back,
18 please?

19 (The pending question was read back by Madam
20 Reporter. )

21 BY MR. CARBIN:
22 Q Let's get to a new question. With respect to
23 the conversation you may have had with Ms. Zeller and with
24 Mr. Wampold, do you recall anything further about that

25 conversation?

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 10 of 52

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Page 18 }

1 BY MR. CARBIN:

2 Q Were you consulted?

3 MS. CARR: Objection, vague.

4 THE WITNESS: By whom? !

5 BY MR. CARBIN:

6 Q By Christensen or Mr. Marshall acting for

iu Christensen.

8 A Not that I can recall.

9 Q Who was your primary contact at Christensen? 4
10 A Including Casey Marshall, it would be Casey or |
11 Joe Foggia, depending on what I needed and who I could
12 reach at any given time. i
13 Q What was your understanding of Mr. Marshall's
14 role?

15 A It was and still is my understanding that he was
16 basically outside general counsel to Christensen.

17 Q Have you ever met anyone from the St. Paul Fire
18 and Marine Insurance Company?

19 MS. CARR: Objection, vague.

20 THE WITNESS: In person, on the phone - in

21 person, on the phone?

22 BY MR. CARBIN:

23 Q By met, I meant in person.

24 A Yes. |
25 Q Who was that?

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Q Did you understand that St. Paul was going to be
paying your bills for the defense of Christensen in the
Woods! litigation?

A No, not at first.

Q When did you learn that?

A When they started paying our bills which was, I
believe, about 15 months into the litigation.

Q When you say paying your bills, you mean paying
them directly to you?

A Cormect.s

Q Is it fair to say that all of your bills for the
defense of Christensen in the Woods' litigation have been

paid?

A Yes.

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 30 of 52
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Page 39
I got the initial call, I don't recall from

whom, on the golf course the day before my wedding and I -
I handed it off to my partner, Leslie Lott, who handled
the preliminary injunction hearing on our behalf. And
then when I returned from my honeymoon, I assumed the lead
within our firm on the matter. By that - by the time that

I came back from my honeymoon, we had been hired, St. Paul ar’

had approved us as counsel, and we were working with ied

and Joe on the defense of the matter.

Q That's what I wanted to talk about. ?he! we

I - I don't practice insurance law. I know that

in the type of cases that my office works on, there
are situations where coverage is available. I know
that we always recommend to clients who get sued in

Lanham Act claims, L-A-N-H-A-M, to check their -

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 7 of 52
CONFIDENTIAL

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aT returned to the offices, 2 assumed primary

wh

responsibility wizhin oun Firm for thé dase § Sometime,
probably the end of November, beginning December, we filed
a motion to dismiss or transfer the case.

Q This is '04?

A Yes. Within the time - I don't remember if when
we consented to the entry of a preliminary injunction, we
were given a date - a specific date to respond to the
complaint or if we negotiated an extension with Doug
Baldrige's firm. But whenever our answer was due or a
response of pleading, we filed a motion to dismiss or
transfer the case to the State of Washington.

Q Am I correct that motion of transfer was based
upon the contract between Christensen and the boat

purchaser?

A I don't remember at this time. I don't remember
if it was based on a contract clause or convenience of
venue and location of documents, it - or a combination of
the two, I don't remember.

You want to go back to my narrative?

Q Please,

A Maybe late December 104; early Hanuaayy, febouary
of DS cas 7 Marshal of Christensen hired Peterson,
Soung Putra of Washington to be our \coscounselwon «rhe

es % = ":
m that point forward, Twas = 7 was now #

casee 7 89),

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 6 of 52

CONFIDENTIAL
Page 9

1 A Mr. and Ms, Woods and the company that owned the
2 yacht.
3} Q Yes
4 A Okay.
5
6 = =
7 A I played different roles at different periods of
8 time, so perhaps you can ask the question with a little
9 bit more detail, or if you want, I can just give you a
10 chronological narrative.
sith Q That's what I was going to ask you to do.
12
13
14
BIBS)
16 part and one of UE ssociates ih t
aly) November. Through about January --
18 Q If I could ask you, as you go through the
19 scenario - you say the TRO was attended by your client or
20 an associate in your office, who was that?
21 A Leslie Lott and, I believe, Janet Moreira,
22 M-O-R-E-I-R-A.
23 Q Thank you.
24
BS

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 19 of 52
CONFIDENTIAL

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MS. CARR: Object to the form, argumentative.
THE WITNESS: Wo.

BY MR. CARBIN:

Q Do you recall any other conversations that
either Mr. Wampold or Mr. Peterson participated in with
you with St. Paul?

A With St. Paul, yes.

Q Okay. How many other conversations?

A Spent all of April 24th, 2006 having

conversations with Bruce Wade of St. Paul with Mr. Wampold

and Mr. Petersen.

Q Let's leave the mediation aside for our present
purposes.
A That wasn't your question, though, just so you

understand. I'm answering your question.

Q Aside from the conversation you had - you may

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 9 of 52

CONFIDENTIAL
Page 15
1 Q By your office.
2 A No.
3 Q If the case had gone to trial, who was going to
4 be the lead trial attorney for the Christensen defendant?
5 A What is a lead trial attorney?
6 Huh?
7 A What is the lead trial attorney?
8 Q The first chair.
9 A I'm not sure there would have been a first
10 chair. I'm not sure. I mean, the expectations that Jan,
11 Mike and I would have been at counsel table dividing the
12 labor amongst the three of us, who was going to - who was
13 going to cross-examine what witness hadn't been
14 determined. Who was going to open, who was going to close
15 hadn't been determined. So, if you want to define the
16 lead lawyer by who sits in what chair, it hadn't been
17. determined and I don't think it had even been discussed.
18
19
20
21
22
23
24 Q What was your understanding of why Peterson
25 Young and Putra were co-counsel on a Florida pending in

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 25 of 52

CONFIDENTIAL
Page 34
its insurance policy?
2 A I don't think so.
3 Q Let's turn back to the fall of 2004, at about
4 the time your office was retained. Prior to filing an
5 answer or the motion to dismiss, was there some effort to
6 try to settle between Christensen and Woods?
a) A Yes.
8 MS. FOLEY: Intervenors designate all testimony
co) about settlement discussions as confidential.
10 BY MR. CARBIN:
oil
Bh
Ue)
14
aL'S)
16
17
18
19
20
21 A Yes. There were discussions right around -
22 well, there were discussions that I have knowledge of that
23) I did not participate in.
24 Q Okay.
25 A Right at that time.

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:06-cv- -}CC Document 253 Filed 08/13/2007 Page 1 of 52
Case 2:06-cv-00641-) ment 233 a,

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SRA

jee eive

fico 80-9 207

POWELL pc

CHRISTENSEN SHIPYARDS, LTD., |
Tie Lh AT

a Washington Corporation,

)
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Plaintiff, )
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vs. ) CASE NO. cve64i
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ST. PAUL FIRE AND MARINE )  **CONFIDENTIAL* *
INSURANCE COMPANY, a foreign ) _ . etc
corporation and NAVIGATORS  ) Si Parl obje
INSURANCE COMPANY, a foreign )
corporation, )
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Defendants.

ruude@ plamtt£é

200 South Biscayne Boulevard Coleg
Miami, Florida

Monday, May 21, 2007

9:40 o'clock a.m.

DEPOSITION OF: DAVID K. FRIEDLAND, ESQ.

ROSENBERG & ASSOCIATES, INC.
Certified Shorthand Reporters & Videographers
425 Eagle Rock Avenue - Suite 201
Roseland, New Jersey 07068
(973) 228 - 9100

www. rosenbergandassociates.com

“eo Plaichtf designatir 5

,

AnWY teotimerr or— |
Pavicl Eaiedind” her,

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 48 of 52
CONFIDENTIAL

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‘he was still talking to Mr. Baldridge about settlement at

Page 78
Say, your office had not sent my office any pleadings,

would you have any basis to dispute that?
A I'll bite my tongue and say, no.

MS. CARR: Also objection to foundation. He
says he doesn't know whether they sent the pleadings,
he certainly can't say one way or the other whether
he could object to Mr. Carbin's statement or not.

(Friedland Exhibit 155 was marked for

identification.) et
BY MR. CARBIN: \s}

Q Me. Friedland, j6ok at’; mat we've marked as

Exhibit Friedland 155, if you would: S80 you recognize gl
what this is? u
\
fe Mie Syeda L
Q And what is 2t?
[ed Notes of a telephone conversation that Jaret and

I had with Casey Marshall on the 24th of November, 2004,
Q And am I reading that as 10:48 a.m.?
A I'd say 10:18, but not sure.
Q And did the subject of settlement come up during
that conversation?
A It appears to have.

Q All right. And did Mr. Marshall indicate that

this time?

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CONFIDENTIAL
Page 20
MS. FOLEY: Thank you.
BY MR. CARBIN:
ee How wany times did you speak with Ms. Geller?
A L ésuldn! © guess!
Q What's your best estimate?
wz Couldn't give you one.
Q You speak to her more than once?
A Yes.
Q Did you speak to her more than five times?
A Yes.
Q Did you speak to her more than ten times?
A Don't know.
Q Were those conversations, between five and ten,
by phone?
MS. CARR: Objection. ‘ua
THE WITNESS: Wever -- Wt y
MS. CARR: I'm sorry. Objection form; misstates 8 N
prior testimony. iy
THE WITNESS: First of all, I never said between mh)
five and ten, so you're mischaracterizing what I just e
said. You asked me five, I said yes. You asked me
ten, I said I didn't know, it could be 30, for all Tf
know. I don't know how many times I spoke to her,
BY MR. CARBIN:
Q What is your best recollection of how many times

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 11 of52

CONFIDENTIAL
Page 19

1 A Are you talking only about thig lawsuit or -- I
2 may have met St. Paul agents throughout my life. If I

3 focus on this lawsuit, I met Mr. Wade.

4 Q And you met him the day of the mediation?

iS A The morning of the mediation at the JW Marriott
6 Hotel.

7 Q Aside from Mr. Wade in connection with the

8 Christensen/Woods litigation, so we're clear, have you met
9 anybody else from St. Paul?
10 A Not that I'm aware of.

in Q We'll talk about the mediation a bit later.

12 A Okay.
13 12) Aside from meeting Mr. Wade on the date of

14 mediation, have yOu ever spoken to anybody frém St. Paul
15 connection in me. ‘Woods /Christensén litigation?

16

17

18

19 speak to hep.
20 MS. FOLEY: I'm sorry. I'm having difficulty
21 hearing the witness. Can you speak up a little bit,
22 please.

23 THE WITNESS: Sorry, Danielle.
24 MS. CARR: I have you pulled over as far as it
2.5) will pull now, maybe that will help.

]

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 44 of 52
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Page 60
(Friedland Exhibit 152 was marked for

identification.)
BY MR. CARBIN:
Q Leek at Exhibit Priedland 152, sir! po
vevagnize What these are?
MS. CARR: Obviously, take your time with it.
THE WITNESS: Is this the same document you just
showed me?
BY MR. CARBIN:
QO No, it isn't. I believe it's a different set of
notes.
A they're two pages, of Notes, appear to be written
by Leslie Lott dated November 17th of '04.
Q If you could draw your attention to the top of
the second page, and the second line there, I think it's a
bullet point, and if I am reading it correctly -- tell me
if you think I'm reading it wrong, you're more familiar
with this handwriting.

I believe it says, "Mutually agreed to cancel

settlement discussions." Do I appear to have read that
right?

A You mean, are you reading her handwriting
correctly?

Q Yes.

A Is that what you're asking me?

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 32 of 52
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Christensen had any provision in it concerning a duty to

cooperate?

MS. CARR: Objection, foundation. He just
testified that nobody in his office reviewed the
document.

THE WITNESS: I've - I've -- other than
believing that the policy was attached as an exhibit
to the Dd action that your client filed against

Christensen in May of '06, I have never read the

policy.

BY MR, CARBIN:

MS. CARR: Object to the form.

THE WITNESS:

BY MR. CARBIN:

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 49 of 52

CONFIDENTIAL
Page 86

ely A Sir, you can read this a sentence at a time. I
2 already said this is my email.

3 Q Prior to this email of February 1, 2005, when is
4 the last time you had any discussion directly with

5 Ms. Zeller?

6 A You want me to guess?

7 Q No, please don't guess.

8 A I can give you an answer based on activity in

9 the case.
10 Q If you have a memory, that's fine.
11 A It was around the same time that we filed our
12 motion to dismiss and the Seattle firm was hired to handle
13 the declaratory judgment action in Vancouver, Washington.
14 Q And if I recall correctly, that would have been
15 in the fall of '04; is that right?

16 A No. That would have been December, sometime in
17 December of '04, so probably within -- this is

18 February ist, within three to five weeks of the date of
19 this email exchange.

20 90)
Aral,

22

23

24

AS

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CONFIDENTIAL
Page 41
Do you recognize this letter as one issued by
your office?
A Yes.
Q And what was the purpose of this letter, to your
understanding?

MS. CARR: Objection. The letter speaks for
itself.

THE WITNESS: As I just testified, when we have
Lanham Act claims come in our office that are for
clients who have been sued under the Lanham Act,
they're defendants in a Lanham Act case, we have a
standard form letter that we send to the client that
advises them of the possible availability of
insurance coverage under the advertising injury
clause of many general insurance policies. And this
was our office sending that letter to Christensen,
because a Lanham Act claim had been asserted against
Christensen and this is a standard letter we send out
in all such cases.

BY MR. CARBIN:

Q@ Did anyone from iceyever review the

policym@isstied by St. Pau! tensen €or coverage) “as
t oP os va }

Latyasgyou know?

"EuGaet we didnt.

Q Do you know if the policy issued by St. Paul to

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 8 of 52
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tn

CR eounsely a ac tG sole gounsel for Christensen.

And from - from whenever Jan Peterson and Mike Wampold and
their office started working on the case through the
settlement, we worked as co-counsel.

ce) Were you the primary attorney at. Lott o
Friedland throughout the litigation between Wodds and
Christensen?

A Except for the, very beginning when T was off

mg married, yes x

Q Who took the - withdrawn.
Who attended on behalf of the Christensen camp
the various depositions that were taken in the underlying
case?
MS. CARR: Objection, vague; broad.
THE WITNESS: Without giving you a number, there
were probably 15 deposition and there were different
people attending each deposition.
BY MR. CARBIN:

Q Did anyone from your office attend any of the
depositions?

A Any, yes; all, no.

Q Would it be fair to say that the Peterson Young
firm, Mike Wampold in particular, took most of the
depositions?

A No.

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 22 of 52
CONFIDENTIAL

question, because we.
12 pactually didn't retain Judge Scott until about two days,
13. (before the mediation or maybe the week before. But we _--
14 Bapvans I had given the names to our respective
15 cgscounsel,or in Ben's case, Baldridge was aueaeycounse!

ne gudge Scott was-not.the only mame. We all

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 39 of 52

CONFIDENTIAL
Page 54 !
3 Christensen?
2 A No.
3 Q Okay. How did you communicate with Christensen

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about the progress of the case and how their exposure or

defenses were looking?

ee

A Phone, email, in person, maybe fax, maybe
letter, pretty much any way that an attorney can
communicate with his client.

Q And were you communicating directly with
Mr. Foggia about the developments in the litigation and
your analysis of them?

A Not exclusively.

Q Following the denial of the motion to transfer
up until the time of the mediation, as best you can, how
frequently were you communicating with Christensen camp

about developments in the case and where you saw it going?

A I can't answer the question, because I don't

know what you mean by developments in the case and where I
saw it going.

I communicated with Casey Marshall, Joe Foggia, E
others in Christensen's offices, probably pretty close to
daily during this litigation. It was not always about the
developments in the case or where I saw it going. It may
have been, I need to see a document. It may have been,

are you guys available on this time and date. It may have

a Sy emnnerenereneesant et STN TTT : “e TrEaTaRRENSAA

ROSENBERG & ASSOCIATES, INC.

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 40 of 52
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Page 55
been, full-fledged strategy. But for a good four to six
month period, I would guess that in some form or another,
I spoke to somebody involved in this litigation on our
side eight out of every ten days, business days.

Q After the discussion you had with Mr. Wampolid
and Mr. Baldridge in November of '05 concerning the
potential of settlement, and prior to the mediation, were
you involved in any further discussion about settlement?

MS. CARR: I am sorry. Could you just --
THE WITNESS: With whom?
MS. CARR: I was going to ask her to read it
back.
BY MR. CARBIN:

Q With the Woods camp.

A Yeah. I think every time I spoke to Doug
Baldridge, we said - he or I talked about the possibility
of getting the case settled one way or the other. Nothing
specific that I can recall but, is the meeting going to
happen between our clients. And obviously, every time I
spoke with Ben Kuehne or Doug about a mediator, I was
talking about settlement of the case.

But the - I - I would say that the lawyers
involved all understood that because of the issues
involved in the case, this was a case that primarily would

be settled by the clients reaching some sort of an

SE

ROSENBERG & ASSOCIATES, INC.

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Page 37
offered to have Joe Foggia fly to Florida and meet with,
probably, Chris Hubman to see if the matter could be
resolved. He - he offered to make Joe available for a
settlement meeting if - if - if Doug thought it would
further - it would help facilitate a settlement.

Q Who is Janet Moreira?

MS. CARR: Objection, asked and answered.

THE WITNESS: The same associate I identified as
having attended the preliminary injunction hearing
with Leslie Lott.

BY MR. CARBIN:

Q What was her role in the Woods/Christensen
litigation?

A She was my associate assisting me in the
defense.

Q The preliminary injunction, do I understand

correctly that that was entered on consent?

A Yes.

Q Did you have any communication with anybody from
St. Paul prior to it consenting to the entry of that
preliminary injunction, about the consent?

A Not personally. I wasn't - I wasn't around for
that.

Q Are you aware of anybody from your office that

discussed with St. Paul consenting to the entry of a

= oR =

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CONFIDENTIAL

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Yes.
Who is that counsel?

Ms. Carr.

oO Fr O Db

When did you retain her?

A Shortly after I learned that you wanted to take
my deposition.

Q When would that have been, approximately, as

best you can recall?

A Late last year.

Page 6

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CONFIDENTIAL,
Page 76
1 A No.
2 I'm not giving you a headache, am I? “K ah
3 A Uh-huh. Yes, you are.
4 re) hook, if you would, at what is marked Friedzand
5 Ewhibir {ee you recognize what thiay
6 A. Janet Moreira's Aen witten notes of a telephon ol,
7 comperenes $f Novenbar a9na) 104, at 6:15 p.m. with you,
8 Q And obviously, it refers to the fact that I
9 identified myself as coverage counsel for St. Paul; do you
10 see that?
12 A It says coverage counsel for St. Paul. She may
ola have done some research and found out, but I'll give you
13 the benefit of the doubt that you identified yourself as
14 coverage counsel. You don't want me assuming.
15 Q No, I don't. I don't know how else she would
16 have known.
17 A She could have Googled you.
18 Q I'm sure you did.
19 Dropping down to the last line, it says: He
20 wants to get copies of pleadings; do you see that?
21 A Yes.
22 Q Do you know if the pleadings were ever sent to -
23 any pleadings were ever sent from your office to me?
24 A Since you asked - asked the question, I'll say
25 no, I don't know.

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Case 2:06-cv-00641-)CC Document 253
CONFIDENTIAL

d, Q Yes.

2 A It appears so.

10 And when it talks --

0

abull Do you -- do you see that?

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 15 of 52

CONFIDENTIAL
Page 23

1 a only - we were the only law firm involved.
2 Q So I want to be clear on this.
3 MS. CARR: Wait.
4 THE WITNESS: Please don't interrupt me while
5 I'm answering your question.
6 MS. CARR: Yeah, you need to let him --
7 THE WITNESS: You've asked me questions, let me
8 finish my question. I do what you do for a living, 5
9 so I know that you need to let the witness answer the
10 question. If you want to interrupt me, you're not
a1 going to get answers to my questions.

A2 BY MR. CARBIN:

13 I don't want to interrupt you.
14 Then don't.
15; I want the record to be clear for both of us.

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Q Now, when you say the Woods! deposition; is that

the Tiger Woods' deposition?
A The Woodses' depositions were taken on

back-to-back days.

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 3 of 52

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CONFIDENTIAL,
questions as clear as I can. How is that?

A Okay.

g Would you tell us your Tull name, pleage

po Devid Kenneth Friedland:

Q What as your homé address?

A e275 Southwest Seth Avenue in Miawi.

MR. CARBIN: O£f£ the record.
(Friedland's Exhibit 150 was marked for
Identification.)

BY MR. CARBIN:

Q Mr. Friedland, show you what we've marked as
Exhibit 150, do you recognize it to be a subpoena served
on your office?

A I believe it has my cover letter attached to it

as well. It appears to be a copy of one of two separate
subpoenas that your office delivered to my office.

Q And am I correct that you're appearing here
pursuant to subpoena?

A Yes.

Q And am I also correct that the subpoena called
for a production of documents from your office?
It did.
And I believe that production was made.

Through Christensen's counsel, yes,

Oo PF OO PY

Are you represented by counsel here today?

Page 5

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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 38 of 52

9

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12 time or it may have been at his own deposition, I don't |
ts recall. But Chris Hubman was deposed in the same location P
14 as Tiger Woods and his wife, which was Tiger's personal

1s offices in Orlando and Joe was present and he and Chris ]
16 spoke, he and Chris Hubman spoke at those depositions.

17 And then a month later, we mediated and settled. !
18 Q When you say Chris and Joe Foggia spoke, was ;
19 that a personal meeting that they spoke at?

20 MS. CARR: Objection, form; vague. i
21 THE WITNESS: As opposed to? :
22 BY MR. CARBIN: H
23 Q On the phone or teleconference. |
24 A You mean was it in person?

25 Q Yes.

‘eanemevme SER RENE —

CONFIDENTIAL
Page 52
discussion, I think you said with Mr. Wampold and
Mr. Baldridge, in November of '05,
A And the case settled in April of '06.
Q Do I understand correctly from your comment that |

there was a continuing dialogue from November of "05, up
until April of '06?

A Depends what you mean by continuing.

Q Well, some regular back and forth about the
potential to settle.

A I would say so. Joe Foggia attended the Woods!

depositions. I believe he and Chris Hubman spoke at that

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Pe, setvea6gtert s |

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CONFIDENTIAL
No Peru Ynurildge

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CONFIDENTIAL

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Deposition of DAVID kK. FRIEDLAND, ESQUIRE, a
witness of lawful age, taken by the Defendant for the
purpose of discovery and for use as evidence in the
above-entitled cause, wherein Christensen Shipyards, Ltd.
is the Plaintiff and st. Paul Fire and Marine Insurance
Company, et al. are the Defendants, pending in the United
States District Court, Western District of Washington
pursuant to notice heretofore filed, before Cindy M.
Whiting, a Certified Registered Professional Reporter and
Notary Public in and for the State of Florida at Large, at
the Offices of Duane Morris, LLP, 200 South Biscayne
Boulevard, Miami, Miami-Dade County, Florida, on the 2ist
day of May, 2007, commencing at 9:40 o'clock a.m.

DAVID K. FRIEDLAND, ESQUIRE,
having been first duly sworn to tell the truth, the whole
truth and nothing but the truth, testified as follows:
DIRECT EXAMINATION
BY MR. CARBIN:
1e Mr. Priedland, good morning’,
|A Good morning.

ECs We met Off the record, hy name Asotin: Carbim,

[Dum the attorney for St) Baul Fire ana Marine and I want

tO ask you some Questions. If anything I ask you is

unclear, please tell me and I'll do my best to make the

Page 4

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Q Is it still your opinion that an insurance

company should not have a role in deciding litigation

strategy for a client?

A I don't know. TI haven't been faced with that

opinion - with that issue.

Q When did you develop that opinion?
A I don't know.
Q Did you develop that opinion before you wrote

this February 1, 2005 email?
A It would be hard to express an opinion in

writing before it had been developed, so obviously.

Wat a8 Ghe basis of your epinion cha an

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A Again, you're interrupting my answer.
Q I didn't mean to, you hesitated. I thought you

were done. I'm sorry.

MS. CARR: Danielle, would you mind putting that

on mute?
MS. FOLEY: I'm sorry.
MS. CARR: Would you mind putting that on mute

so we can't hear you type?

MS. FOLEY: I'm sorry, I thought it was on mute.

Page 44

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Page 58
THE WITNESS: At some point in time, an apology

was brought into the mix.

I don't think the mediation was the first time I
recall hearing about an apology. But I don't think

an apology was brought up back in November of '04,

when Casey and I spoke with Doug Baldridge or,

necessarily, in November of '05, when Mike and I

spoke in person with Baldridge. But at some - at

some juncture, an apology came into the mix.

BY MR. CARBIN:

Q Okay. You say you don't think an apology was
raised in October '04. Do you recall with certainty one
way or the other, whether an apology was raised in October
"04?

A It wasn't October '04, because the lawsuit
wasn't even filed until November of '04. I said November,
you said October.

Q Excuse me. You're right, I misspoke.

Do you recall with any certainty whether an
apology was raised in the fall of '04 or not raised?

A I don't recall with certainty.

Q Do you recall about any degree of certainty,
whether the issue of an apology was raised in the fall of
2005 or not raised?

A During the discussions in Vermont?

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Page 38 f

preliminary injunction?

A I don't even know if St. Paul was involved at
that point in time.

Q Was that a no?

A It's an I don't know.’ My office didn't tender
the claim to St. Paul, I assume Casey Marshall did, and 1
don't know when it was tendered. But the - I think the
papers were served the 4th or 5th of November, and the
hearing was like - it was like two or three days later“

Q Is it your understanding that Mr. Marshall was

the primary contact on behalf of Christensen with

St. Paul?
A I have no idea.
Q Was your office the primary contact with

St. Paul for Christensen?

A On the Woods' matter?

Q Yes.

A I don't believe so.

Q Did you have a conversation with Mr. Marshall

concerning the selection of your firm as defense counsel
for Christensen and having your firm approved by St. Paul?
A No. We already - we were hired and had already
appeared at the preliminary injunction hearing. By the
time I returned from getting married and my honeymoon, I

was aware that we were working on the case.

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ROSENBERG & ASSOCIATES, INC. (973) 228-9100

www. rosenbergandassociates.com

a5473d01-29¢3-4e82-b915-07e37edd9ecc


Case 2:06-cv-00641-)CC Document253 — Filed 08/13/2007 Page 13 of 52

CONFIDENTIAL
Page 21

1 you did speak to her?

2 A I don't have a recollection.

3 MS. CARR: Objection, asked and answered.

4 BY MR. CARBIN:

5 9 Do you have a recellection of any of those

6 donvérsatiions?

7 A Generally, Ves (i Specificaily, ne.

8 GU wien did chess donversacieee occur, that is to
9 SayyWiat "period of “timer |

10 MS. CARR: Objection, lack of foundation.
hd THE WITNESS: Periodically during the course ‘of
12 the Lawsuit.

lic} BY MR. CARBIN:
14 Q Was there any set interim to these periodic
15 conversations?

16 A No. We didn't have a call scheduled for the
17 first Thursday of every month or anything like that, if
18 that's what you mean.

19 Q How many of those calls did you initiate?
20 A What do you mean by initiate?
21 Q Pick up the phone and dial her number, or call
22 your secretary to pick up the phone and dial her number.
23 A I don't know. We played phone tag a lot.

24 Called her from my cell phone a couple times when I was
25 traveling, she called me a couple times. It was pretty

ROSENBERG & ASSOCIATES, INC. (973) 228-9100
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Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 51 of 52
CONFIDENTIAL

10
sts
12
13
14
15)
16
17
18
ale)
20
ik
22
AS
24

25

Page 88
insupaiice company sheuld not have a rolé whatsoever ain

deciding Linigasien strategy for a elients

MS. CARR: Object to the form.

un

THE WITNESS: 2 don't knew if there is 4 basi
Dm 2 patent afd trademark lawyer, nok an
ingumanee lawyer, I was giving my ewe Gents for
qheaxeyen they were worth.
BY MR. CARBIN:

Q What would the downside of an insurance company
being involved in deciding litigation strategy for a
client be?

MS. CARR: Objection, foundation.

THE WITNESS; I don't know. I don't know,
that's what you do --

MS. CARR: Calls for speculation.

THE WITNESS: Sorry.

That's what you do for a living, not what I do
for a living. You would know that better than aL

BY MR. CARBIN:

Q You think that an insurance company should not
have a role in deciding litigation strategy for a client,
even where the insurance company is paying for the legal
defense?

A I don't believe that the fact that you're -- I'm

sorry.

ROSENBERG & ASSOCIATES, INC. (973) 228-9100
www.rosenbergandassociates.com



Case 2:06-cv-00641-)CC Document253 Filed 08/13/2007 Page 16 of 52
CONFIDENTIAL

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

25.

at some point, right around the mediation, she disappeare
and Mr. Wade showed up at the mediation.

Q Do you have any file notes or records of any of
these conversations you indicate you had with Ms. Zeller?

A I don't know. You have my file.

Q I haven't seen any, that's why I asked. I want
to make sure I'm not missing something.

A I'm not the best of note takers during phone
calls.

Q Aside from what you just told us about, is there
anything more particular you can recall about any of your
communications to Mrs. Zeller?

A No, that was pretty particular.

ROSENBERG & ASSOCIATES, INC. (973) 228-9100
www.rosenbergandassaciates.com