IN THE UNITED STATES DISTRICT COURT 

 FOR THE SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

UNITED STATES OF AMERICA, ) 

 ) 

 Plaintiff, ) 

 ) 

 v. ) 

 ) 

RANDALL L. LAMBERT; ) 

RANDALL L. LAMBERT AND STEVEN R. ) 

LAMBERT (as trustees of the Randall L. ) 

Lambert Trust); JOE ELSWICK; ) 

DONNA ELSWICK; JEFF FIELDS; ) 

ENERVEST ENERGY INSTITUTIONAL ) 

FUND XI-A, L.P.; ) 

ENERVEST ENERGY INSTITUTIONAL ) 

FUND XI-WI, L.P.; EV PROPERTIES, L.P.; ) 

CGAS PROPERTIES, L.P.; ENERVEST ) 

ENERGY INSTITUTIONAL FUND ) 

XI-B, L.P.; EV ROYALTY PARTNERS, L.P.; ) 

JPMORGAN CHASE BANK, N.A.; ) 

TAX EASE OHIO, LLC; STATE OF OHIO; ) 

and TREASURER OF LAWRENCE ) 

COUNTY; ) 

 ) 

 Defendants. ) 

_______________________________________) 

Case No. 1:17-cv-657 

Dist. Judge Timothy S. Black 

STIPULATION AND ORDER CONCERNING PROTOCOL FOR CONDUCTING 

REMOTE DEPOSITIONS 

The Plaintiff United States and Defendants (collectively, the “Parties”) jointly stipulate to 

the following protocol for conducting depositions via remote means in the above-captioned manner:

 1. All depositions shall be conducted remotely using videoconference technology, and 

each deponent may be video-recorded. The Party noticing the remote deposition shall have the 

choice to decide whether the deposition shall be video-recorded, or not. 

2. The Parties agree to use Veritext Legal Solutions for court reporting, videoconference 

and remote deposition services. The Parties agree that a Veritext Legal Solutions employee, 

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contractor, or representative may attend each remote deposition to set up the remote video 

deposition, video record the deposition, if video-recording is requested by the Party noticing the 

deposition, troubleshoot any technological issues that may arise, and administer the virtual breakout 

rooms, if used. 

3. The Parties agree that these remote video depositions, whether video-recorded or not, 

may be used at a trial or hearing to the same extent that an in-person deposition may be used at trial 

or hearing, and the Parties agree not to object to the use of these remote video on the basis 

that the deposition was taken remotely. The Parties reserve all other objections to the use of any 

deposition testimony at trial. 

4. The deponent, court reporter, and counsel for the Parties will each participate in the 

videoconference deposition remotely and separately. Each person attending a deposition shall be 

visible to all other participants, each person’s statements shall be audible to all participants, and each 

person should each strive to ensure their environment is free from noise and distractions. Should 

counsel and any party attend the videoconference deposition in the same physical location, each 

person shall be in a separate room and use a separate device. 

5. No counsel shall initiate a private conference, including through text message, 

electronic mail, or the chat feature in the videoconferencing system, with any deponent while a 

question is pending. After noting so on the record, counsel may confer privately with a deponent 

only to determine whether a privilege should be asserted. The Parties further stipulate not to engage 

in any conduct during the remote deposition that would otherwise be prohibited during an in-person 

deposition, or engage in conduct that would be subject to questioning and/or inspection were it to 

happen at an in-person deposition. This conduct includes, but is not necessarily limited to: (1) the 

deponent answering questions with the aid of notes that are present in the room with the deponent but 

that are not visible to the camera; (2) the deponent being coached during the deposition by a person 

not present in the room, via any means to include text messaging, instant messaging, e-mail, or 

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similar method; and, (3) the deponent having any other programs open on his screen (or any other 

device) during the deposition. The Parties stipulate that the deponent will sit a few feet back from 

the screen as allowed by the deponent’s vision and physical abilities, such that the deponent’s torso 

and arms are fully visible while giving testimony, and that during such testimony, the deponent will 

have no other programs open and will not consult any notes, texts, emails, chats, or anything of the 

sort while the deposition is in session. The Parties will also enter stipulations to this effect on the 

record at the start of the deposition. 

6. Veritext Legal Solutions offers a “breakout room” feature, where participants may 

confer in a group, separate from other participants. This is a supplemental service to a 

videoconference deposition that is not standard. During breaks in the deposition, the Parties may use 

the breakout room feature provided by Veritext Legal Solutions which simulates a live breakout 

room through videoconference. Conversations in the breakout rooms shall not be recorded. The 

breakout rooms shall be established by Veritext Legal Solutions prior to the deposition and 

controlled by Veritext Legal Solutions. The party noticing the deposition shall be responsible for 

procuring the breakout room feature prior to the beginning of the deposition. 

7. Remote depositions shall be recorded by stenographic means consistent with the 

requirements of Rule 30(b)(3), but given the COVID-19 pandemic, the court reporter will not be 

physically present with the witness whose deposition is being taken. The Parties agree not to 

challenge the validity of any oath administered by the court reporter, even if the court reporter is not 

a notary public in the state where the deponent resides. 

8. The court reporter will stenographically record the testimony, and the court reporter’s 

transcript shall constitute the official record. Veritext Legal Solutions will simultaneously videotape 

the deposition and preserve the video recording, if video recording is requested by the Party noticing 

the deposition. The court reporter may be given a copy of the video recording and may review the 

video recording to improve the accuracy of any written transcript. 

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9. The Parties agree that the court reporter provided by Veritext Legal Solutions is an 

“Officer” as defined by Federal Rule of Civil Procedure 28(a)(2) and shall be permitted to administer 

the oath to the witness via the videoconference. The deponent will be required to provide 

government-issued identification satisfactory to the court reporter, and this identification must be 

legible. 

10. The Party that noticed the deposition shall be responsible for procuring a written 

transcript of the remote deposition. The Parties shall bear their own costs in obtaining a transcript 

and/or video record of the deposition. 

11. The Party that noticed the deposition shall provide Veritext Legal Solutions with a 

copy of this Stipulation and Order at least twenty-four hours in advance of the deposition. 

12. At the beginning of each deposition, consistent with Rule 30(b)(5)(A) of the Federal 

Rules of Civil Procedure, the court reporter shall “begin the deposition with an on-the-record 

statement that includes: (i) the officer’s name and business address; (ii) the date, time, and place of 

the deposition; (iii) the deponent’s name; (iv) the officer’s administration of the oath or affirmation to 

the deponent; and (v) the identity of all persons present.” 

13. At the beginning of each segment of the deposition, consistent with Rule 30(b)(5)(B) 

of the Federal Rules of Civil Procedure, the Veritext Legal Solutions employee responsible for videorecording the deposition, if video-recording is used, shall begin that segment of the remote deposition 

by reciting (i) the officer’s name and business address; (ii) the date, time, and place of the deposition; 

and (iii) the deponent’s name. 

14. The Parties agree to work collaboratively and in good faith with Veritext Legal 

Solutions to assess each deponent’s technological abilities and to troubleshoot any issues at least 

48 hours in advance of the deposition so any adjustments can be made. This includes testing the 

technology with the deponent prior to the deposition, in a testing session where no deposition 

questions are to be asked, if any Party requests such a test. The Parties also agree to work 

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collaboratively to address and troubleshoot technological issues that arise during a deposition and 

make such provisions as are reasonable under the circumstances to address such issues. This 

provision shall not be interpreted to compel any Party to proceed with a deposition where the 

deponent cannot hear or understand the other participants or where the participants cannot hear or 

understand the deponent. 

15. Every deponent shall endeavor to have technology sufficient to appear for a 

videotaped deposition (e.g., a webcam and computer or telephone audio), and bandwidth sufficient to 

sustain the remote deposition. Counsel for each deponent shall consult with the deponent prior to the 

deposition to ensure the deponent has the required technology. If not, counsel for the deponent shall 

endeavor to supply the required technology to the deponent prior to the deposition. In the case of 

third-party witnesses, counsel noticing the deposition shall supply any necessary technology that the 

deponent does not have. 

16. The Parties agree that this Stipulation and Order applies to remote depositions of nonparties under Rule 45 and shall work in a collaborative manner in attempting to schedule remote 

depositions of non-parties. The Party noticing any third-party deposition shall provide this 

Stipulation and Order to counsel for any non-party under Rule 45 or, if unrepresented, directly to the 

third-party a reasonable time before the date of the deposition. 

17. The Parties agree that any of the following methods for administering exhibits may 

be employed during a remote deposition, or a combination of one or more methods: 

i. Counsel noticing the deposition may choose to mail physical copies of 

documents that may be used during the deposition to the deponent, the deponent’s counsel, the other 

Parties’ counsel, and the court reporter. In that event, noticing counsel shall so inform the deponent’s 

counsel (or the deponent if unrepresented), the other Parties’ counsel, and the court reporter prior to 

mailing the documents and shall provide tracking information for the package. Such documents shall 

be delivered by 12:00 pm noon ET the business day before the deposition. Counsel for the deponent 

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(or the deponent if unrepresented), the other Parties’ counsel, and the court reporter shall confirm 

receipt of the package by electronic mail to Counsel noticing the deposition. If physical copies are 

mailed, every recipient of a mailed package shall keep the package sealed until the depositions 

begins and shall only unseal the package on the record, on video, and during the deposition when 

directed to do so by the counsel taking the deposition. This same procedure shall apply to any 

physical copies of documents any other counsel intends to use examining the witness. 

ii. Counsel noticing the deposition may choose to send a compressed .zip file of 

the documents that may be used during the deposition via electronic mail to the deponent, the 

deponent’s counsel, the other Parties’ counsel, and the court reporter. The .zip file shall be delivered 

by 12:00 pm noon ET the business day before the deposition. Counsel for the deponent (or the 

deponent if unrepresented), the other Parties’ counsel, and the court reporter shall confirm receipt of 

the .zip file electronic mail to Counsel noticing the deposition. The .zip file shall be password 

protected, and counsel taking the deposition shall supply the password via electronic email 

immediately prior to the commencement of the deposition. Every recipient of a .zip file shall not 

open the .zip file until the deposition begins and when directed to do so by the counsel taking the 

deposition. If sending documents by electronic mail, counsel will be mindful of file size limitations, 

which presumptively should be less than 50 MB. 

iii. Counsel may introduce exhibits electronically during the deposition, by using 

the Veritext Legal Solutions document-sharing technology, by using the screen-sharing technology 

within the videoconferencing platform, or by sending the exhibit to the deponent and all individuals 

on the record via electronic mail. 

18. All deponents receiving documents before or during a deposition, pursuant to 

Paragraph 17 above, shall return the documents to the counsel who sent them originally, within two 

business days following the completion of the deposition, and shall not retain them in any matter. 

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Counsel noticing the deposition shall include a pre-paid return shipping label in any package of 

documents mailed to a deponent. 

19. Counsel for the Parties may keep any document or exhibit used during the deposition.

20. Because the ability to take a remote deposition depends on the internet connection

and the technical competence of all parties, if the deposition is not able to be completed on the day it 

is scheduled due to any technical malfunction of computer, loss of internet connectivity, loss of 

electricity, or technical inability on the part of the deponent or a Party, the Parties stipulate that the 

deposition may be suspended until 72 hours after such technical malfunction of computer, loss of 

internet connectivity, or loss of electricity, the technical inability on the part of the deponent or a 

Party is resolved. The parties stipulate that any time incurred as a result of internet, electricity, 

computer malfunction, or any other technical issue where testimony is not being taken, shall not 

count towards the seven-hour limit under Federal Rule of Civil Procedure 30. 

DATED: February __, 2021 

SO ORDERED: 

________________________________ 

Timothy S. Black 

United States District Judge 

16

s/Timothy S. Black

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Stipulated to: 

DAVID A. HUBBERT 

Acting Assistant Attorney General 

Tax Division, U.S. Department of Justice 

__/s/ Philip L. Bednar_________________ 

PHILIP LEONARD BEDNAR 

Trial Attorney, Tax Division 

U.S. Department of Justice 

P.O. Box 55 

Washington, D.C. 20044 

202-307-6415 (v) 

202-514-5238 (f) 

Philip.L.Bednar@usdoj.gov 

WA State Bar No. 41304 

Counsel for Plaintiff United States of America 

RANDALL L. LAMBERT 

/s/ Randall L. Lambert (by email permission)_________________ 

RANDALL L. LAMBERT (0017987) 

P.O. Box 725 

Ironton, OH 45368 

740-532-4333 (v) 

740-532-7341 (f) 

rlambert@lambert-law.org 

Counsel for Defendants Randall L. Lambert and Steven R. Lambert 

VANANTWERP ATTORNEYS, LLP 

/s/ Samantha J. Fields (by email permission)__ 

SAMANTHA J. FIELDS (0079487) 

1544 Winchester Avenue, Fifth Floor 

P.O. Box 1111 

Ashland, KY 41105-1111 

606-329-2929 (v) 

606-329-0490 (f) 

ssycks@vanattys.com 

Counsel for Defendant Jeff Fields 

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SANDHU LAW GROUP, LLC 

/s/ David T. Brady (by email permission)______ 

DAVID T. BRADY (0073127) 

1213 Prospect Avenue, Suite 300 

Cleveland, OH 44115 

216-373-1001 (v) 

216-373-1002 (f) 

dbrady@sandhu-law.com 

Counsel for Defendant Tax Ease Ohio, LLC 

DAVE YOST 

ATTORNEY GENERAL OF OHIO 

/s/ Joseph M. McCandlish (by email permission)__ 

JOSEPH M. McCANDLISH (0073775) 

Assistant Attorney General 

Collections Enforcement Section 

150 East Gay Street, 21st Floor 

Columbus, OH 43215 

614-466-6594 (v) 

866-750-0213 (f) 

Joseph.McCandlish@ 

ohioattorneygeneral.gov 

Counsel for Defendant State of Ohio 

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