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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

LORI WAKEFIELD, ) 

 ) 

Plaintiff, ) 3:15-cv-01857-SI 

 ) 

vs. ) April 10, 2019 

 ) 

VISALUS, INC., ) Portland, Oregon 

 ) 

Defendant. ) 

(Jury Trial - Volume 1) 

TRANSCRIPT OF PROCEEDINGS 

BEFORE THE HONORABLE MICHAEL H. SIMON 

UNITED STATES DISTRICT COURT JUDGE 

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Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 1 of 160
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APPEARANCES 

FOR THE PLAINTIFF: Greg Dovel 

 Simon C. Franzini 

 Julien A. Adams 

 Jonas B. Jacobson 

 Dovel & Luner, LLP 

 201 Santa Monica Boulevard, Suite 600 

 Santa Monica, CA 90401 

 Lily E. Hough 

 Edelson PC 

 123 Townsend Street, Suite 100 

 San Franciso, CA 94107 

FOR THE DEFENDANT: John Maston O'Neal 

 Quarles & Brady LLP 

 Two North Central Avenue 

 Phoenix, AZ 85004 

 Zachary S. Foster 

 Quarles & Brady LLP 

 101 E. Kennedy Boulevard, Suite 3400 

 Tampa, FL 33602 

 Nicholas H. Pyle 

 Miller Nash Graham & Dunn LLP 

 111 SW Fifth Avenue, Suite 3400 

 Portland, OR 97204 

COURT REPORTER: Dennis W. Apodaca, RDR, FCRR, CRR 

 United States District Courthouse 

 1000 SW Third Avenue, Room 301

 Portland, OR 97204

 (503) 326-8182 

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INDEX 

Preliminary matters 5 

Jury selection 10 

Jury sworn 90 

Preliminary instructions 90 

104 Hearing (Witness for Plaintiff) Direct Cross ReD ReX 

Shawn Davis 115 130 

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(April 10, 2019) 

P R O C E E D I N G S 

(Open court:)

THE CLERK: Your Honor, this is the time set for

trial in Civil Case No. 15-1857-SI, Wakefield versus ViSalus,

Inc.

Could I have counsel in court, beginning with

plaintiff, please identify yourself for the record.

MR. FRANZINI: Simon Franzini from Dovel & Luner for

plaintiff.

MR. ADAMS: Good morning, Your Honor. Julien Adams

from Dovel.

MS. HOUGH: Good morning, Your Honor. Lily Hough for

the plaintiff.

MR. JACOBSON: Jonas Jacobson for the plaintiff,

Your Honor.

MR. DOVEL: Good morning, Your Honor. Greg Dovel for

the plaintiff. With us is our client, Ms. Lori Wakefield.

THE COURT: Welcome.

For defendant.

MR. O'NEAL: Good morning, Judge. John Maston O'Neal

on behalf of the defendant.

MR. FOSTER: Good morning, Your Honor. Zac Foster on

behalf of the defendant.

MR. PYLE: Good morning, Your Honor. Nicholas Pyle

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on behalf of the defendant.

THE COURT: Welcome. Are we ready to bring in our

prospective jurors?

MR. O'NEAL: Yes, Your Honor.

MR. DOVEL: Yes, Your Honor. I wanted you to know

that we were able to get mobile phone information. We have

provided it to the defendants. We would like leave to add two

additional exhibits that indicate the mobile phones that were

used also and the accounts based on mobile phones.

THE COURT: All right. Let me see the exhibits.

MR. DOVEL: Your Honor, we handed you a paper copy of

Exhibit 36C. The other document, which will be Exhibit 64, is

an electronic document that we can display so Your Honor can

see what it looks like.

THE COURT: All right. Where do I see on 36C which

is the number of mobile phones? Oh, this is mobile phones

only. I see. 

All right.

MR. DOVEL: Yes.

THE COURT: By the way, let me ask you, how does 36A

differ from 36B?

MR. DOVEL: 36B takes out any numbers that were -- we

went through a check and made sure that we had numbers that

were U.S. only and that were good phone numbers. That's what

36B did.

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36C then -- I am trying to remember. Let me ask

Mr. Franzini. He knows the differences.

MR. FRANZINI: Good morning, Your Honor. 36B was the

one that addressed some of the new objections that Mr. O'Neal

raised in court the other day.

36C is a count of just the mobile numbers.

THE COURT: Let me try this again: 36A and B differ

by about 8,000 calls. What's the difference between 36A and

36B?

MR. DOVEL: Your Honor, I believe that 36B, if I've

got these right in my head, is one where we took out business

numbers. In other words, we did a separate count of numbers

associated with businesses. Then we went from 36A to B. We

took out the ones that were to numbers that were non-U.S.

numbers or were bad numbers. In addition --

THE COURT: That doesn't make sense because if you

look at 36A, 36A-2 says "calls to numbers associated with a

business, 1,816." If you take a look at 36B-2, "calls to

numbers associated with a business, 1,790." So both separate

out calls associated with business, but there is still a

difference of about 26 calls.

MR. DOVEL: Yes, Your Honor. Between A and B, what

we did was we took out the calls that were not to U.S. numbers,

and so that reduced it from A to B.

THE COURT: That's all I was asking. What's the

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difference between A and B?

MR. DOVEL: I'm sorry. I thought it was between the

original and A.

THE COURT: No, between A and B.

All right. Who will be the witness you will be

presenting on 36C?

MR. DOVEL: Shawn Davis.

THE COURT: Any objection to 36C that is different

from the objection to 36A and B?

MR. FOSTER: Yes, Your Honor. We received 36C at

10:30 last night, the day before trial. As we were previewing

it for, Your Honor, I personally have spent weeks attempting to

sort out through the 4 million lines of underlying data what 36

means. I thought I had mapped out a pretty good cross. Come

Monday, we get 36A. I have no idea what the underlying data is

here. I have no idea how to sort out what these 8,000 calls

are associated with business. That's not even an objective

criteria. That's not a summary. That's an argument.

So we come into court; we raise that issue. Tuesday

morning, I get 36B. There are still changes to that. I'm not

even sure what it is. And last night, after we had tucked in

to go to bed to prepare for a $6 billion trial, I get 36C,

which an additional document -- we get additional underlying

data with some expert report about what's a cell phone and

what's not.

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I haven't even had a chance to look at it,

Your Honor, but it is 850,000 lines of data. If that's not

prejudice, I don't know what is. I have no idea how I would

even cross Mr. Davis on this -- on a document that I've never

seen before.

THE COURT: So when did you get the underlying data

for 36C?

MR. FOSTER: Last night at 10:30 -- what they are

going to put into evidence is 64, which I understand to be some

expert report about what's a landline and what's a cell phone.

We did not get that until last night at 10:30 p.m. And I'm not

even sure what the underlying data is for that summary because

the only underlying data I have is for 36. In terms of this is

a compilation of all the spreadsheets -- yada, yada, yada -- it

adds up to 4.1 million. Now I have got a spreadsheet that adds

up to less than 4.1 million. Apparently they've run new

spreadsheets. I don't have the software they've used. I don't

have the underlying data. I don't know how I could possibly

deal with that summary at trial, Your Honor.

THE COURT: All right. We will hear from Mr. Davis

out of the presence of the jury, and I will let you make your

inquiries of Mr. Davis. We will hear when he had the data,

when he disclosed the data to you, and then I'll keep this

issue under advisement until then.

MR. FOSTER: Just for clarification, Your Honor,

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Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 8 of 160
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which summary? Are they withdrawing the other summaries? Am I

dealing with four summaries at once?

THE COURT: I don't know. We will find out when we

hear from Mr. Davis.

MR. FOSTER: Again, Your Honor, I reserve my

objection.

THE COURT: And I'm not sustaining or overruling your

objection. I am taking it under advisement until we hear from

Mr. Davis.

MR. FOSTER: Very well, Your Honor.

THE COURT: I will hear further argument from both

sides. Let's bring in the prospective jurors.

(Pause in proceedings.)

(Prospective jurors entered the courtroom.)

THE COURT: Counsel, you may be seated.

I would like to welcome all of the prospective jurors

to the courtroom. I am United States District Judge

Michael Simon. You have already met our courtroom deputy,

Mary Austad. She will be administering the oath to all of the

witnesses, assisting with the handling of all of the trial

exhibits, and being generally responsible for the jurors

throughout the trial.

To my left, your right, is our court reporter,

Mr. Dennis Apodaca. 

To my right, your left, is my law clerk,

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Jury Selection

Anna Deffelbach, who will be assisting me during this trial.

We will soon be filling the jury box with 16

people -- well, let's fill it in with 14 people. Before I do

that, though, I'm going to ask the clerk of the court to

administer an initial oath to all of the prospective jurors.

So for all of you who have been summoned here for jury duty

today, please stand and raise your right hand, and when Mary

completes the oath, please say "I do" or "I will."

(The jury was duly sworn.)

THE CLERK: Thank you. Please be seated.

THE COURT: I'll now give all of our prospective

jurors some basic information about this case. I will have

further explanations and instructions after the jury is

selected. I will also be giving each juror his or her own set

of written jury instructions at the end of the trial. But for

right now, please do not form any opinions or impressions about

this case at this time from the little bit of information that

I'm going to tell you now. If you are selected for this jury,

it is important that you keep an open mind about everything,

until all of the facts and the details have been presented at

trial.

This is a civil lawsuit. It is not a criminal case.

In a civil trial the plaintiff ultimately seeks money damages

against the defendant. This lawsuit is brought under a federal

statute known as the Telephone Consumer Protection Act, which

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is often referred to as the TCPA. The TCPA is a federal law

that, among other things, makes it unlawful for any person or

entity to make a telemarketing call to a mobile or cellular --

by the way, I will be using "mobile" and "cellular"

interchangeably -- to a mobile or cellular telephone or to a

residential telephone line or a residential landline; that is,

the line connected inside the house but a residential

landline -- when that call uses an artificial voice or a

prerecorded voice to deliver or play a message, unless the

person or entity making the call has the prior express consent

of the party being called.

Now, this civil lawsuit includes both an individual

claim and a class action claim. The named plaintiff is

Ms. Lori Wakefield, who you will hear from in a few moments.

In one claim Ms. Wakefield asserts one individual claim on

behalf of herself -- that's Count 1 -- and a separate claim on

behalf of a class of similarly situated individuals, and that's

Count 2.

Now, the defendant in this lawsuit is a company

called ViSalus, Inc., or Incorporated. The defendant, ViSalus,

is a multilevel marketing company that sells weight loss

products and dietary supplements.

The plaintiff, Ms. Wakefield, alleges that ViSalus,

the defendant, violated the TCPA by making one or more

telemarketing calls to mobile or cellular telephones or to

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Jury Selection

residential telephone lines or residential landlines of class

members and that in making these calls, ViSalus used an

artificial or prerecorded voice to play messages without having

the prior express consent of the party being called.

Now, a class action is a procedure that allows the

filing of one lawsuit by a representative or a small number of

representatives -- here we have one representative -- on behalf

of a group of plaintiffs who have similar claims. This

procedure is intended to avoid duplication of effort or expense

from multiple lawsuits asserting the same claim by many people

in different locations.

Ms. Wakefield is the representative of the class in

this case, and the plaintiff class is comprised of all

individuals in the United States who received a telephone call

made by or on behalf of ViSalus promoting ViSalus's products or

services, where such call featured an artificial or prerecorded

voice and where neither ViSalus nor its agents had any current

record of prior express written consent to place such call at

the time such call was made. Defendant ViSalus denies that it

has violated the Telephone Protection Consumer Act, or the

TCPA.

I would now like to introduce some of the lawyers and

the parties to the lawsuit.

I will start with the plaintiff, Ms. Wakefield, both

as the individual claimant and as a representative of the

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plaintiff class.

Mr. Dovel, will you be doing this?

MR. DOVEL: Yes, Your Honor.

THE COURT: I'll now ask one of the lawyers

representing the plaintiff and the plaintiff class to introduce

himself, his co-counsel, his client, anyone else who may be

assisting him in the courtroom during trial, and also all of

the names of the lawyers and law firms of any of the attorneys

who represent the plaintiff and the plaintiff class, because in

a few moments I'm going to ask the prospective jurors, Do you

know any of them?"

Mr. Dovel.

MR. DOVEL: Thank you, Your Honor. My name is

Greg Dovel, and I'm with the law firm of Dovel & Luner. Our

client -- I will have her stand up -- is Lori Wakefield.

With me today, who will be assisting us, is my

colleague, Jonas Jacobson; my colleague, Simon Franzini, and my

colleague, Julien Adams. In addition, from the Edelson law

firm, is Ms. Lily Hough. 

Additional lawyers who are associated with the case

include also from the Edelson firm Rafey Balabanian,

Eve-Lynn Rapp, Andrew Lawson, and Stewart Pollock. And from

the Forum Law Group, Scott Kocher and Stephen Voorhees. I

believe that's it, Your Honor

THE COURT: Is Benjamin Richman no longer with the

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Edelson law group? He was listed on this case list.

MR. DOVEL: I neglected him. He should be identified

also.

THE COURT: You mentioned Stefan Coleman? The Law

Offices of Stefan Coleman?

MR. DOVEL: I did not mention him.

THE COURT: He is still on the court records.

MR. DOVEL: Yes.

THE COURT: Let me ask the prospective jurors: Do

you think you know any of those people, the names that have

just been read, either the individuals or people at those law

firms? By a show of hands, does anybody think you may know or

may be related to or have any interactions with any of those

folks? And I see no hands.

Okay. Next, I'm going to turn to the defendant,

ViSalus, Incorporated. One of the lawyers, Mr. O'Neal or

Mr. Foster --

MR. O'NEAL: It will be me, Judge. Thank you.

THE COURT: All right. 

Mr. O'Neal, will you please introduce yourself, your

co-counsel, any client representatives who either will be here

now or coming into trial, anyone who may be assisting you in

the courtroom during trial, and the names of all the lawyers

and law firms who represent the defendant in this case.

MR. O'NEAL: Sure. Thank you, Judge. Good morning,

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Jury Selection

everyone. My name is John O'Neal. I'm with the firm of

Quarles & Brady. My client representative is here today. His

name is Josh Berger. He is in-house counsel for ViSalus.

Also, with me today is my colleague, Zac Foster, and

we will be helped along during the trial with the Miller Nash

firm. This is Nick Pyle. His partner, Mr. Joshua Sasaki, may

show up.

Your Honor, I believe that's it.

THE COURT: Thank you, Mr. O'Neal.

So prospective jurors, does anybody think you know

any of those individuals, any of those people, related to any

of them, know any of the lawyers at the law firms that you've

heard identified? Anybody, by a show of hands, think you may

know any of those folks? 

All right. By the way, by a show of hands, has

anybody here today heard of ViSalus before today? I see no

hands. So no one has had any relationships with ViSalus?

V-I-S-A-L-U-S? 

Okay. And the person who just came in, may I ask,

were you summoned here as a juror?

UNIDENTIFIED SPEAKER: No.

THE COURT: Okay. Very good.

The public is always welcome in our courtrooms.

All right. Our system of trial by jury is one of the

best ways ever devised by the human mind to fairly and

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Jury Selection

impartially to resolve disputes. It has also been an important

part of our country's heritage since even before the founding

of our nation. When the first English settlement was founded

and begun in Jamestown, Virginia, in 1607, its charter

guaranteed the settlers the right to trial by jury.

If you look at our Declaration of Independence,

signed on July 4th, 1776, and mostly written by Thomas

Jefferson, you will see that one of the reasons given to the

world for why our 13 colonies were declaring their independence

from Great Britain and willing to engage in the

Revolutionary War was because King George III had on many

occasions -- and it says it right in the Declaration of

Independence -- "deprived the colonists of the benefits of

trial by jury."

In addition, the right to have a trial by jury is so

important that the framers of our Constitution put it right

into the text of the Constitution itself without even waiting

for the Bill of Rights. And the right to trial by jury is the

only right that appears both in the text of the Constitution

and in the Bill of Rights, and it's in three separate

amendments to the Bill of Rights.

We are Americans because of our shared ideals, not

because of ethnicity, religion, or culture. And the

United States Constitution is our most important national

document. It reflects our shared ideals as a nation, including

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Jury Selection

civic participation, deliberation, fairness, equality, liberty,

accountability, freedom of conscience, the common good, and the

rule of law.

Our country does not ask very much of its citizens,

and jury service is one of the most important things that we do

ask of a civilian. It is also one of the few opportunities

that a citizen has to participate in the American system of

self-government. Bringing citizens together so they can

resolve disputes within our society under the rule of law is an

important part of self-government.

You know, there's disputes everywhere, but in other

countries it is usually a government officer or administrator

or official of some sort that resolves disputes. That's not

what self-government is about. In our system of

self-government, the jury, the people coming together, resolve

the disputes in our community. 

Service on a jury is not only a civic responsibility

of all citizens, it really is also a very interesting learning

opportunity and experience. If you are selected to be a juror

in this courtroom, you will have either a front row seat or, at

worst, a second row seat to watch and participate in the

American system of justice for everyone under the law.

When the jurors begin their deliberations at the end

of the trial, the opinions and perspectives of each juror will

be taken seriously and respected by your peers on the jury.

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Jury Selection

You will participate in a respectful discussion of various

points of view, and the final decision, which will be

unanimous, will reflect no individual's will but the collective

wisdom of the jury acting together.

We are now going to call the names of 14 people who

have been selected at random to be the first prospective jurors

to be interviewed. You've been selected to receive a summons

to come here from basically voter rolls and driver's license

rolls. Your names are selected at random. Then the Clerk's

Office has further randomized those names and now put them in

order selected at random. We will call the first 14, and we

will be asking them some questions.

Mary, I've changed my mind. Let's call 16. I think

it will be more efficient to call 16 up; so eight and eight.

We are going to call 16 folks up. It is reasonably likely that

some of these 16 folks may need to be excused from the trial,

and we'll then be calling up more people -- again at random --

to fill the seats in the jury box.

So, Mary, will you please call the first 16 names on

the list. We will start with seat No. 1, which is closest to

me in the front row, through seat No. 8 in the front row. Then

seat No. 9 will be filled closest to me in the back row.

THE CLERK: Rebecca Cornett.

THE COURT: Please come and sit in the specific sit

that Mary shows you.

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Jury Selection

THE CLERK: Kyle Hauger. H-A-U-G-E-R.

Marcelene Foltz. F-O-L-T-Z.

Tracie Wallace. W-A-L-L-A-C-E.

Robert Koski. K-O-S-K-I.

Tiffany Linborg. L-I-N-B-O-R-G.

Jairo Rodriguez. R-O-D-R-I-G-U-E-Z.

Rebekah Shidner. S-H-I-D-N-E-R.

Shelley Langton. L-A-N-G-T-O-N.

Jerimiah Matlock. M-A-T-L-O-C-K.

Jeffrey Jaren. J-A-R-E-N.

Ben Douglas. D-O-U-G-L-A-S.

Gary Knowles. K-N-O-W-L-E-S.

Bridget Heberling. H-E-B-E-R-L-I-N-G.

Robert Thompson. T-H-O-M-P-S-O-N.

And Cody Noffsinger. N-O-F-F-S-I-N-G-E-R.

THE COURT: This is the process of jury selection

that is called voir dire. It is a phrase that's loosely

translated as "to speak the truth."

The attorneys and I will soon be asking the 16 of you

questions concerning your qualifications to sit as jurors in

this particular case, and let me remind you that just a few

minutes ago you took an oath to answer these questions

truthfully. There are no right answers to these questions, and

there are no wrong answers. All that is required of you is to

be accurate and tell the truth.

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Jury Selection

The purpose of these questions is not to pry into

your personal affairs. It is not to embarrass anyone. We only

want to determine whether someone is a suitable juror for this

particular case, and these questions will help determine

whether any prospective juror should be excused for what the

law calls cause. 

In addition, as part of the trial process, each side

is allowed to excuse a certain number of prospective jurors

without having to give any reason at all. That is known as a

peremptory challenge. No one should feel insulted if they are

excused from serving on the jury in this case, and this is all

part of the process to ensure that we have not only a trial

that is fair in fact, but a trial where all sides believe the

process is fair. We want a trial that is fair in both

appearance and in reality.

As I said, we don't want to embarrass anyone, and so

if you feel a question is too personal, and you would like to

discuss that answer with me and the lawyers privately, just let

me know. But I would like to keep that to a minimum so that we

can complete this part of the trial process in an efficient

manner. But as I said, if you want to speak privately about

something, just let me know, and we can do that.

I'm going to be asking the first group of 16

potential jurors certain questions. After you hear a question,

if you have a response, just raise your hand. Mary will then

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take a microphone to you. Please wait until you have the

microphone before you begin speaking; that way everyone in the

courtroom can hear you.

In addition, we have a court reporter here who is

taking down everything that is said in this courtroom. So

please begin all of your responses by stating your name at the

beginning of every answer. By the time you've given your

fourth or fifth response, you may think that we all know your

name, and we all very well probably do, or we might. But just

so we have an accurate record, please give your name at the

beginning of every response. If you forget, I'll remind you.

For those of you who have not yet been called up to

the 16 in the jury box, you are still a potential juror.

Please listen carefully to these questions. Some of you may be

called up later to replace some of the people in this first

group. So if you are called up later, I will ask you at that

time if you would have raised your hand in response to any of

these questions. So please keep that in mind. Also, if need

be, I'll remind you what the questions were.

All right. So I've already asked about the lawyers

and the law firms. Let me just double-check: Does anyone here

think they know the plaintiff, Ms. Lori Wakefield? 

Ms. Wakefield, raise your hand. 

Does anyone think they know her in any way? I see no

hands.

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I've already asked if you know any of the lawyers or

anyone working with them. I've already asked if anyone knows

ViSalus.

Any memories now? Answer still the same? Know any

of the lawyers, their law firms, or ViSalus? No hands.

I've also asked does anyone know anyone that has

anything to do with ViSalus. Do you know anybody who has

worked there or ever worked there? Anything to do with it, to

the best of your knowledge, either as a customer, promoter,

investor? 

Anybody have that knowledge at all?

Okay. Now, is anyone here a member of the class?

I'll read the class definition again. It is all individuals in

the United States -- that's you all -- who received a telephone

call made by or on behalf of ViSalus promoting ViSalus's

products or services, where such call featured an artificial or

prerecorded voice where neither ViSalus or its agents had any

current record of prior express written consent to place such a

call at the time the call was made.

I get that we've all have gotten calls like this in

the past. We will talk more about that in a few minutes. But

does anybody recall getting such a call from a company called

ViSalus or talking about a ViSalus product?

Anybody? All right. I see no hands.

Has anybody heard about this lawsuit from any source

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before today?

Now, besides Ms. Wakefield, some of the following

people may give testimony in this case as a witness, either

live, by sitting here in the witness stand, or by having read

to you previously taken deposition testimony. I'll explain

what a deposition is a little bit later.

But these will be the witnesses who may testify in

this trial. Right now I just want to know do you know any of

them -- any neighbors, family members, anyone you may have

encountered or worked with.

Do any of these names sound familiar? And if you

think they might be familiar, some of them are not from

Portland. I'll tell you where they are from if you think you

may have known some of these names.

Mr. Shawn Davis.

Mr. Lance Eves. E-V-E-S.

Mr. Justin Call.

Mr. Scott Gidley.

Mr. John Laun. L-A-U-N.

Mr. Blake Mallen. M-A-L-L-E-N.

Do any of these names sound familiar to you?

All right. I see no hands.

Now, this trial is scheduled to last possibly through

Monday. Today is Wednesday. We are going to go for about half

a day today. We will select the jury. I will give the actual

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preliminary instructions, and then you will have the second

half of the day off. We will start again tomorrow at 9:00. We

will go tomorrow from 9:00 to 5:00. If need be, on Friday we

will go Friday 9:00 to 5:00. We may have the case in your

hands by Friday, but it is possible that it won't be in your

hands until Monday.

I realize that being a juror is somewhat

inconvenient, but as I said, it's our duty as citizens.

Is there anyone here, any of you 16, who feels it

would be a serious hardship to sit on the jury for this period

of time -- let's assume through Monday -- either because of

certain commitments that you've already made or other factors

that make it truly impossible or seriously impractical for you

to serve as a juror in this case? 

Anyone at all, by show of hands? 

Let's get a microphone to you. We will go down the

first row and then to the second row.

State your name first.

JUROR: Marcelene Foltz.

THE COURT: Ms. Foltz, what's your situation?

JUROR: I just have like pain behind my eye, and I

have like migraines. I've had one all week, and so that may

not be able to let me focus on everything.

THE COURT: I understand. Have you served as a juror

before in any other cases?

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JUROR: Not here, no.

THE COURT: Somewhere else?

JUROR: Years ago, yes.

THE COURT: What state?

JUROR: In Oregon.

THE COURT: Very good. I'm sorry about your pain.

I'll get back to you in a moment, Ms. Foltz.

Anyone else?

JUROR: Jairo Rodriguez. J-A-I-R-O. I am a

full-time student who is missing class today, and I have an

internship interview tomorrow, and then I have a full schedule

on Monday.

THE COURT: Thank you, Mr. Rodriguez. I will get

back to you in a moment.

Anyone else in the back row?

JUROR: I am Robert Thompson. I'm a self-employed

woodworker, and I have a couple of projects in the works and an

installation coming up on Monday for some cabinetry.

THE COURT: Do you work with others?

JUROR: No.

THE COURT: By yourself?

JUROR: Sole proprietor.

THE COURT: Have you served on a jury before?

JUROR: I have been called but not selected.

THE COURT: Understood.

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All right. Anyone else in the 16?

 All right. First row, I'll excuse Ms. Foltz.

Thank you very much for coming. You are excused. I do hope

that your eye feels better soon.

JUROR: Thank you.

THE COURT: Let me excuse Mr. Rodriguez. When is

your first class today?

JUROR: At 9:00 a.m.

THE COURT: Sorry about that, but thank you for

coming here. I will excuse Mr. Rodriguez.

Mr. Thompson, thank you for coming today and for your

previous service. You may be excused.

Here is what we are going to do: Let me ask

Mr. Noffsinger to come in and take seat 3.

Then let me ask, please, Ms. Amanda Stanley to come

and sit in that second seat in. Ms. Stanley is the next

person -- oh, it would be seat No. 7. I'm sorry. Amanda

Stanley is sitting in seat 7.

Thank you.

Mr. Curtis Altman will be in seat No. 15.

Then, Mary, Mr. Jeffrey Neuls is next.

Mr. Neuls, will you please come and sit in seat

No. 16.

All right. Now, let me just confirm with

Ms. Stanley, Mr. Altman, and Mr. Neuls, do any of you know any

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of the names that I've mentioned? The company, ViSalus? Any

of the witness names? If you want me to read them again, I

will be glad to. Any of the lawyers? 

By a show of hands, do any of you know any of those

names or think you might or want me to read them again? 

Okay. I see no hands.

All right. If this case does go all the way to

Monday, will the three of you be able to serve on the jury if

you are selected for this case? 

Ms. Stanley?

JUROR: Yes.

THE COURT: Mr. Altman, will you be able to serve on

this jury if you are selected through Monday?

JUROR: Yes.

THE COURT: Mr. Neuls?

JUROR: Yeah, I probably could make it.

THE COURT: Okay. You say "probably." Is there

something going on in your life?

JUROR: There is a big project at work.

THE COURT: Well, I'm going to give you the option,

because you may get selected. Do you want to tell me about it

and have me consider whether or not to excuse you, or do you

want to see if you're selected, and then you are going to be

with us for Monday? 

What's your choice.

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JUROR: Yeah. The project is a big semiconductor

development job. There are a lot of experiments running, and I

need to be there.

THE COURT: Have you served on a jury before?

JUROR: I have.

THE COURT: Would you like to be excused from this

one?

JUROR: I would love to.

THE COURT: All right. You are missing an

interesting trial, but all right. You may be excused,

Mr. Neuls. 

By the way, don't read anything into that. I think

all trials are interesting, but that's what I do for a living.

All right. Let's have Carol Sellards take seat

No. 16.

Is Ms. Sellards here? Thank you.

Good morning.

JUROR: Good morning.

THE COURT: Do you know the names I've mentioned,

either the lawyers? The parties? The business, ViSalus? Or

the witness names? I will read them again if you want me to.

JUROR: No.

THE COURT: If you are selected to be a juror in this

case, can you serve with us through Monday?

JUROR: My biggest concern is I don't have a lot of

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stamina. There are many days that test of my physical

strength.

THE COURT: I don't want to pry, but is that because

of medical issues? And I won't get into the details.

JUROR: I'm not strong. I'm too old.

THE COURT: You don't look it, but okay. Let me ask

you, have you served on a jury before?

JUROR: 30-some years ago.

THE COURT: Now, the way it will work here, and I

will tell this to everyone, today will be a half day. When we

start tomorrow at 9:00, we will take a mid-morning break for

about 15 to 20 minutes. Then we will take a lunch break for

about an hour, an hour and a quarter, and then we will take a

mid-afternoon recess for about 15 to 20 minutes and end by

5:00. That will also be our schedule on Friday, if need be;

and on Monday, if need be. Obviously if any juror needs a

recess other than during those times, just raise your hand and

say, "I need a break," and I'll give you a break.

Does that sound like it might be too taxing for you?

JUROR: I never know from day to day. Some days are

good and some days are not so good.

THE COURT: Well, if you are not feeling well, what's

likely to happen?

JUROR: I get really exhausted.

THE COURT: I think probably the safest thing to do

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is excuse you, because if you need a break, that may very well

interfere with the rest of the trial continuing.

Thank you for coming, Ms. Sellards. You may be

excused.

JUROR: Thank you.

THE COURT: David Sedell, are you here? 

Mr. Sedell, will you please take seat No. 16.

Mr. Sedell, do you know any of the names that I've

mentioned? The business? The individuals? The witnesses? I

am glad to repeat any of them. Do you know any of those names?

JUROR: I do not.

THE COURT: And if you are selected to be a juror,

and the case goes through Monday -- and it might not. It might

be over Friday. Will you be able to be with us?

JUROR: Yes, sir.

THE COURT: All right. Let me continue.

Does anyone here have any physical impairments that

might cause you to have a problem with jury service? If you

have any hearing or vision issues, by the way, we can assist.

We can accommodate. But we need to know that.

But does anyone have any difficulty reading English,

understanding spoken English, or possibly needing any

accommodations of any sort? If so, just raise your hand, and

we will talk about it. I see no hands.

Now, it's my job as the judge to instruct the jury on

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what the law is. In our legal system the jurors must follow

the law as the judge instructs them, even if they don't agree

with the law or like the law. It is the jury's job to decide

the facts, but it is the judge's job to instruct the jury on

the law that applies to the facts of the case.

Now, is there anyone here who feels they cannot make

the commitment to me, and, frankly, to our legal system, to

follow the law as I instruct you? Anyone at all? I see no

hands.

All right. Now I expect to see lots of hands. How

many of you have the ability to get on the Internet and look up

something? I think I see everyone's hands.

Okay. It is critically important for the fairness of

the trial process that the jury make their decision only on the

basis of the facts received in evidence as they are presented

in trial and on the law that the judge instructs. That means

that you will have to make a commitment to me and to our legal

system that if you are selected to be a juror in this case, you

will not look anything up that has anything to do with this

case while you are a juror and until your jury duty is

discharged.

That means you won't be looking up any of the names

of the people, the names of the parties, the names of the

lawyers, any of the issues. You won't look up the law and read

about the law. You won't read about anything or look up

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anything factually or legally or do any research on your own

until the trial is over.

By the way, you may have some questions as the trial

proceeds, and I'll give you all notebooks and pens or pencils.

If you have a question, by all means, jot it down. Pass it to

Mary. I will look at it. I'll discuss it with the lawyers.

If it's appropriate, we will get your questions answered. If

it is not appropriate or if no one knows the answer, I will

tell you why you're not getting an answer.

What you can't do is look something up on your own.

That jeopardizes the fairness of the process, because I think

as we all know, sometimes the Internet gets it right; sometimes

they get it wrong. It's really hard to tell whether they get

it right or get it wrong. And with a trial process, when you

hear something from a witness, when you see a document, both

sides have the opportunity to question that witness, or at the

end, in closing arguments, to make their arguments to you about

what this document does or doesn't mean. Both sides will have

the opportunity to comment and argue about the same evidence

that you will all see and on which you will base your decision.

But if you do independent research, we won't know

that you have done it, and that will jeopardize the fairness of

this process because the parties will not be able to test that

evidence. The jury trial process is one of the great engines

of testing evidence. It is presented to you. The parties have

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a fair opportunity to test it, and then you make the decisions,

but only if you all base it on the same information.

Is there anyone here who feels they will not be able

to make a commitment to me to refrain from looking anything up

on the Internet or physically or even in a dictionary while you

are a juror? By the way, when you are done with your jury

service, you can look up anything you want. But while you are

a juror, you can't do any research on your own, factual or

legal.

Is there anyone here who feels they can't make that

commitment to me? I see no hands, and I thank you.

As I mentioned, this is a civil trial. It is not a

criminal trial. In a civil trial the plaintiff contends that

she is entitled ultimately to money damages against the

defendant. Have any of you all, you 16, ever served on a jury

before in either a civil case or a criminal case or in a

special kind of jury that's called a grand jury? Have any of

you ever served? 

Let's get a microphone to you. Let's start with your

name.

JUROR: Rebecca Cornett. It was 40 years ago. I was

18 when I got called.

THE COURT: Wonderful. What type of case? Was it

civil? Criminal?

JUROR: Criminal.

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THE COURT: Did the jury reach a decision, if you

remember?

JUROR: On some of the counts we did.

THE COURT: Who is the next? Your name first.

JUROR: Kyle Hauger. I served on a criminal case in

Multnomah County probably eight years ago.

THE COURT: Did the jury reach a decision?

JUROR: Yeah.

THE COURT: Thank you.

JUROR: Tracie Wallace. I served maybe eight to ten

years ago on a civil case, and we didn't reach a verdict

because it was thrown out.

THE COURT: Okay. Anyone else in the front row? No.

Let's go to the back row. State your name first,

please.

JUROR: Curtis Altman.

THE COURT: How long ago?

JUROR: In the late '80s, mid '80s.

THE COURT: Do you remember whether it was civil or

criminal case?

JUROR: Civil.

THE COURT: Do you remember whether it reached a

decision?

JUROR: It did.

THE COURT: There was another hand.

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JUROR: Gary Knowles. It was a criminal case, and we

did reach a decision. It was in the mid '80s also.

THE COURT: Thank you.

For those of you who have been on a jury before --

civil or criminal -- were any of you selected to be what's

called the presiding juror or the jury foreperson or the

foreman or the forewoman? Any of you?

JUROR: Gary Knowles. I was.

THE COURT: I'll start with you. How was that

experience? How was your experience on jury service? Good?

Bad? Indifferent?

JUROR: Somewhere between good and indifferent.

THE COURT: All right. Anybody else who has served

on a jury previously, anybody have a particularly bad

experience on a jury or a particularly good experience? It was

okay?

All right. Does anyone here, any of the 16 of you,

have any family members or close friends who work or have

worked in the legal system or in any job that brings them or

you into contact with courts or the legal system in any way?

Anybody?

Tell us about it. Your name.

JUROR: Gary Knowles. Are you just talking friends,

or are you talking friends where I would then go and visit

their place at work?

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THE COURT: Let's talk about anything. Anything that

may bring you some information about how the legal system

works.

JUROR: I have a good friend that's a retired judge,

but I wouldn't say that he brought any particular information

about how the legal system works.

THE COURT: In the area?

JUROR: Down in Polk County.

THE COURT: Okay. Very good.

Anyone else? Lawyers or -- 

JUROR: Rebekah Shidner. I actually went to school

years ago through PCC for the legal assistant program, and I

worked for an attorney as a front desk girl after high school.

THE COURT: Do you know what type of practice that

attorney had?

JUROR: He was -- I believe he was a public defender.

THE COURT: Criminal cases?

JUROR: Criminal, yes.

THE COURT: There was another hand or two in the

front row.

JUROR: My spouse is --

THE COURT: Your name?

JUROR: Cody Noffsinger. My spouse is a forensic

interviewer in Yamhill County, and so she testifies often

almost always in criminal cases.

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THE COURT: Very good.

JUROR: Kyle Hauger. I have sister-in-law who is a

prosecuting attorney in Pierce County, Washington.

THE COURT: Thank you.

In the back.

JUROR: Ben Douglas. I'm a physician, and I've

testified a number of times in cases involving patients and

worked with attorneys on a variety of cases.

THE COURT: Do you work primarily with either

plaintiff attorneys or defense attorneys or some of each?

JUROR: Some of each.

THE COURT: Thank you.

Anyone else? Now, you don't need to repeat what

you've already said this morning. So we had one person who had

some training as a legal assistant or a paralegal. Is there

anyone else here who has received any type of legal training or

legal education? Any type of training or education relating to

the law? I see no hands.

Have any one of you or anyone in your immediate

family or anyone who is a close friend ever been a participant

in a civil lawsuit, to the best of your knowledge, either as a

party, let's say a plaintiff -- that's the person who brings

the lawsuit who is suing somebody else; or as a defendant --

that's the person being sued; or as a witness? We have already

heard from some of you who act as witnesses or your spouses

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have.

So you don't need to repeat what has already been

said. But has anyone else ever been a plaintiff, a defendant,

a witness, or anyone in your immediate family or close friends

to the best of your knowledge? 

Tell me about that.

JUROR: Shelley Langton. Just small claims court?

THE COURT: Sure.

JUROR: My husband and I were plaintiffs in a small

claims case.

THE COURT: How long ago?

JUROR: That was two or three years ago.

THE COURT: I'm not going to ask you the details of

the case, but I will ask you this: How was your satisfaction

with the legal process? Were you satisfied or dissatisfied or

somewhat satisfied?

JUROR: Satisfied.

THE COURT: Anyone else?

JUROR: Ben Douglas. My wife and I were plaintiffs

in a case to evict someone off of our property last year.

THE COURT: Again, same question generally. Were you

generally satisfied with the legal process? Generally

dissatisfied?

JUROR: We were satisfied.

THE COURT: Anyone else?

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JUROR: Gary Knowles. Also a small claim, and I was

very satisfied with the process.

THE COURT: And you brought the claim?

JUROR: Yes.

THE COURT: Anyone else?

I mentioned this case involves not only

Ms. Wakefield's individual claim, but also a class action claim

where she is a class representative.

Have any of you or any member of your immediate

family or any close friends, to the best of your knowledge, of

course, ever been a participant in a class action, either as a

class representative or a class member who then filed a claim

in a class action, or I guess as a defendant, but we would have

covered that. Anybody at all have any experience in a class

action? 

Yes, sir. Your name.

JUROR: Gary Altman. I think it was a product. It

was a long time ago. I was just named because I had purchased

something. I can't even remember if there was an outcome or

anything.

THE COURT: Okay. But you don't recall filing a

claim in that; am I correct?

JUROR: No.

THE COURT: Okay. Does anyone here have any

particularly strong opinions or feelings -- positive or

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negative, either way -- about lawsuits generally? Maybe

feeling that we either have too many lawsuits in this country?

Or too few? Any strong feelings one way or the other? Let's

get your name and feelings.

JUROR: Curtis Altman. I think there is probably

quite a few too many not real important lawsuits, I guess.

THE COURT: Thank you. Do you base that on things

you've heard or read or personal experience?

JUROR: Curtis Altman. Things I have heard and read.

THE COURT: Okay. Now, let me drill down a little

bit more specifically and ask about class actions. You may or

may not know or read much about class actions. But does

anybody here have any strong feelings -- positive or

negative -- about class actions one way or the other? Any

strong feelings?

Let me change topics and ask has any one of you or

anyone in your immediate family or anyone that's a close

friend, also, of course, to the best of your knowledge, ever

worked with or in a telemarketing business or telemarketing

industry? 

One hand up here. Let's get your name and then learn

a little bit about your answer.

JUROR: Cody Noffsinger. When I was about 17, I

worked in telemarketing selling magazines for a short period,

less than a month.

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THE COURT: Any particularly strong feelings --

positive or negative -- generally about telemarketing?

JUROR: I wouldn't do it again but -- 

THE COURT: Without prying, why not?

JUROR: I just don't like talking on the phone for

eight hours a day. It is not enjoyable work.

THE COURT: Anyone else? Experience in

telemarketing?

Okay. Have any of you or any of your immediate

family or any close friends, to the best of your knowledge,

ever participated in, worked with, had any involvement in what

is sometimes called a multilevel marketing business? It is

also sometimes called direct marketing or network marketing.

Anybody here have any experience in it? Any family members or

close friends?

Is that a hand or a stretch?

JUROR: That's a stretch.

THE COURT: I do remember many years ago my wife, who

grew up in Michigan, told me the story that when she and her

brothers were little kids, her dad took her to a cattle auction

and told all the little kids, "Sit on your hands; otherwise, we

may have to buy a cow." (Laughter.)

Who here has a mobile or cellular phone? I mean

"mobile" and "cellular" totally indistinguishably; the same

near thing. Almost everybody.

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Okay. Now, who has a landline telephone in your

home, your house, or your apartment? A landline?

Okay. Let me do the opposite. Who doesn't have a

landline in your home, house, or apartment?

Okay. And one more combination. Who has both a

landline in your home, house, or apartment and a mobile cell

phone?

Keep your hands up. Let's let folks see who it is.

Okay. Now, I'm just going to talk to those of you

who have a landline telephone in your home, apartment, or

house. How many of you have used that landline phone in your

home, house, or apartment for business purposes?

We don't need to hear about it. Okay.

How many of you run or have run or have family

members who have run a business out of their home? Let's hear

a little bit about that. Your name first. A little bit about

the business

JUROR: Rebekah Shidner. I work for a consulting

company. About two years ago my boss moved our -- he moved out

of state. So rather than commuting from Beaverton to

Washougal, Washington, he allowed me to set up a home office,

and so I work from home.

THE COURT: Do you have a separate number for that,

or was it the same number?

JUROR: No, it is a business separate phone.

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THE COURT: With a separate phone number?

JUROR: Yes.

THE COURT: I will follow up on that in a moment.

There was another hand back there.

JUROR: Gary Knowles. You're wanting to know if we

run any businesses out of our home? Is that correct? My son

actually uses my basement as kind of an eBay business location.

THE COURT: And is there a separate phone number for

that, or is it basically your main phone number?

JUROR: His cell phone. It is mostly an

Internet-based thing, not phone-based.

THE COURT: For anybody who has landline phones in

your home, house, or apartment, any of you who have more than

one line? Two or more different telephone numbers?

And that was the business you just told us about?

All right. For those of you who have mobile or

cellular telephones, have you ever received a telemarketing

call on that mobile or cellular phone?

Okay. Most people.

For those of you who have a mobile or cellular phone

and have received a telemarketing call, sometimes those calls

are with a live person, a live voice, and they talk to you.

Other times it's an artificial voice, a computer voice, or a

prerecorded voice as opposed to a live person making a

telemarketing call.

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How many of you have received a telemarketing call on

your mobile or cellular phone where there was an artificial or

prerecorded voice; that is, someone other than a live person?

All right. Many hands.

Okay. Let me ask some more things now for people

with landline phones. With those of you with landline phones

in your home, office, or apartment, how many of you receive

telemarketing calls on that phone?

How many of those -- for those of you who just raised

your hand, did that include live persons? Live people doing

telemarketing?

And what about on a landline phone, any telemarketing

calls using an artificial or prerecorded voice?

Okay. Now, as between telemarketing calls using an

artificial or prerecorded voice as opposed to a live person, I

would like to know whether you prefer to receive one kind or

the other or whether you like or dislike one more than the

other, or whether it really doesn't matter.

So for those of you who have received telemarketing

calls, who generally either prefers a live voice or

affirmatively or more dislikes an artificial or prerecorded

voice? Don't raise your hand if it doesn't matter.

Let me flip it around. Who actually prefers the

artificial or prerecorded voice as opposed to the live person?

Anybody?

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You prefer the artificial. State your name. I'm

curious why.

JUROR: Tracie Wallace. Because then I can just hang

up on them and not feel bad.

THE COURT: It is easier to hang up on a artificial

or prerecorded voice than a live person?

JUROR: I don't want to talk to the live person. I

don't want the call.

THE COURT: You don't want the call either way. But

it is easier to hang up when it is an artificial or prerecorded

voice. Do I understand you right?

JUROR: Correct.

THE COURT: Who agrees with that?

Okay. Does anybody here actually like getting

telemarketing calls? 

Okay. Does anybody think that telemarketing

companies provide a valuable or useful service or function?

Okay. Who here dislikes telemarketing companies, or

at least some of them or the general concept?

Who here has ever tried to stop the calls, either by

pressing some buttons on the phone or texting stop to some

direction? Who has actually tried to stop receiving

telemarketing calls?

Who here has tried to stop receiving telemarketing

calls and have been successful in making some of them or at

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Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 45 of 160
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least -- making them stop or some of them stop? Have you been

successful in making some of them stop?

Who feels they have not been successful? They've

tried to stop them, and you have not been successful?

Okay. Before coming to this trial, before coming to

court today, had any of you ever heard of the federal law known

as the Telephone Consumer Protection Act, the TCPA?

JUROR: Kyle Hauger. I have heard of it -- frankly,

I don't know much about it.

THE COURT: Okay.

JUROR: Cody Noffsinger. I don't know much specifics

about the law either, but I actually discovered it trying to

get telemarketing calls to stop myself.

THE COURT: And how did you try to get them to stop?

JUROR: I tried requests, if it was a real person.

And I blocked numbers or attempted to block numbers if it was

an automated or recording.

THE COURT: There is another hand on the front row.

Then we will go to the second row.

JUROR: Amanda Stanley. I worked for AT&T Wireless

for 14 years doing project management sorts of things. It came

up earlier in my career, and I don't remember very much about

it.

THE COURT: What were you doing for AT&T Wireless.

JUROR: I was project manager, an analyst, and a

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Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 46 of 160
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systems architect over those years.

THE COURT: Was there a hand in the back?

Has anyone here actually ever written a letter, a

postcard, sent an email, or in any other way tried to

communicate with the Federal Communications Commission or a

member of your state legislature or a member of Congress or any

state agency or federal agency or Better Business Bureau or

anything at all that had anything to do with telemarketing

calls or what some people may refer to as robocalls? Have any

of you ever communicated with any type of person or agency that

I've just described about those issues? 

Your name first.

JUROR: Cody Noffsinger. Your question sparked my

memory. About a year ago I called the -- I think it is called

the Consumer Bureau in Oregon. I kept receiving sweepstakes

calls, which I thought were scams, and I was trying to inform

them.

THE COURT: Anyone else?

All right. I described the case very, very generally

early on in this process this morning, enough so that you will

know that this involves an individual claim and a class claim

against the defendant, ViSalus, alleging that ViSalus has

violated the Telephone Consumer Protection Act.

I understand your feelings about, whether it be

telemarketing or artificial or prerecorded voice calls and

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things like that, but in our system of justice it is critically

important that a jury and a juror base a decision on the law

and on the facts presented at trial.

Is there anyone here, because of your feelings about

telemarketing or artificial or prerecorded calls, is there

anyone here who thinks you will not be able to base your

decision, if you are selected to be a juror, solely on the

facts that are presented to you by witnesses or exhibits or

stipulations? By the way, a stipulation is where both sides,

basically for efficiency purposes, have agreed to certain

facts. We will give those to you in writing.

So your evidence will be the parties' stipulations,

what they both agree are the facts, plus any witness testimony,

plus any exhibits you see. Those will be the facts presented

to you. You may have to make some decisions based on the

facts. I will then instruct you as to what the law is that

applies. And if you are selected as a juror, your

responsibility will be to base a decision, to answer some

questions on the verdict form, based solely on the evidence

received at trial and the law that I instruct.

Is there anybody who feels here, because of any

feelings that you may have on any of these topics I've raised

with you, you'll be unable to fairly and impartially fulfill

those duties as a juror? Anybody? I see no hands.

At this time Mary is going to pass out -- let me ask

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one more question, sort of a catch-all. Now that you know what

this case is about a little bit more, is there anything in your

background and experiences -- anything in your experiences or

your attitudes or opinions or anything that if you were one

side or the other, either the plaintiff or the defendant in

this case, in all fairness you would want to know about that

juror before you decide who to either select or excuse as a

juror in this case? Is there anything that in all fairness

that you think they should know about from your experiences or

attitudes? Anything at all I haven't covered?

I see no hands.

Okay. Mary, will you pass out the juror information

forms.

We are going to start with Juror No. 1, and that will

be you, Ms. Cornett, and I'll ask you, one at a time, speak

into the microphone. You've got it. Take us through your

answers to these questions.

So whenever you are ready, Ms. Cornett.

JUROR: I am Rebecca Cornett. I'm 58. I was born in

Newport, Rhode Island, and I live in Milwaukie, Oregon. I own

a home, and I live with my husband. I'm married. He is 57.

And I have three children. One just turned 30 on Monday. She

lives in Nashville. And our son is 27, and he lives in

Portland. A daughter, 26 -- 25 -- and lives in West Linn.

I have not been in the military. I have an

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associate's degree in sociology. My husband has a general

associate's degree. One child has a master's in teaching,

another child has a bachelor in communication -- international

communication.

I work for Aging, Disability and Veterans Services

with Multnomah County, and I have been with them for 35 years.

I'm a program supervisor there. We have six branches in

Multnomah County. I work for the Transition & Diversion Branch

where our clients are in nursing homes, and we help them to get

out of nursing homes.

Do you need to know my spouse's job and children's

job?

THE COURT: Please. Adult children.

JUROR: My husband works part-time. He delivers

isotopes for Tradewinds. My oldest is a nanny. My son is a

behavioral therapist for autistic children. And my youngest is

a teacher.

I don't really belong to any organizations.

Hobbies, I love to read and camp and go to the beach.

For news sources, I generally use the Internet.

THE COURT: All right. Thank you very much,

Ms. Cornett.

Pass the microphone to Mr. Hauger.

JUROR: Kyle Hauger. I was born in Eureka,

California. I live in Portland in the Alameda neighborhood. I

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own a house. I am divorced. I am 49, and I have three

children that live with me part-time ages, 15, 12, and 9.

I have not been in the military service.

I have a master's degree, a bachelor's degree.

THE COURT: What's your master's degree in?

JUROR: City planning. Bachelor's is in economics.

All three children are in school.

I'm a city planner; I have been for 20 years.

Traffic modeler/data scientist.

No jobs for my kids yet.

Organizations. A member of the Institute of Traffic

Engineers. Also a baseball coach.

For leisure activities I enjoy fly fishing and

reading and skiing.

News sources. Radio and newspaper and a little bit

of Internet as well.

THE COURT: Thank you, Mr. Hauger.

Mr. Noffsinger.

JUROR: Cody Noffsinger. Age 24. I grew up in

Montana, western Montana. Currently I live in Newberg, Oregon.

I have been there for three years now where we own an RV, and

we are staying on relatives' property.

My spouse is my wife, Kayla, and we don't have any

children.

I am currently a serving member of the Oregon

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National Guard. I received my commission as an engineering

officer in Oregon, and that was in about 2016. But this last

year I have since transitioned to a Chaplain seat, and I'm in

that transition now, but still serving. My unit is out of

Salem.

Education. I have a bachelor's in engineering, and

I'm currently pursuing a master's of divinity. My spouse,

Kayla, has her bachelor's in criminal justice.

Employment. I work in mechanical engineering as a

technician for a company that manufactures dental equipment in

Newberg, A-dec. My spouse is a forensic interviewer, formerly

a caseworker.

Organizations. Actively involved in my church, and

that's really the only engagement.

Hobbies. I enjoy woodworking and architecture, TV,

and movies.

As far as news sources, I don't seek it out much. We

watch OPB sometimes.

THE COURT: Thank you very much, Mr. Noffsinger.

Ms. Wallace.

JUROR: Tracie Wallace. I am 54 years old. I was

born in Newberg, Oregon. I own my home. I live there with my

husband. He is 52. I have one son who is 33 years old. I

have never been in the military.

Level of education. I don't have any degrees. I

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have attended Portland Community College. I just did kind of

business administration. My husband has -- I'm not sure if he

has a degree. He is a cement mixer driver.

I work for Lile International as a collections

person, credit manager, accounts receivable, and such for the

corporate offices.

My son works for sales for Leif Auto in Tigard,

Oregon.

I'm not part of any organizations.

I enjoy gardening, reading, golfing, camping, going

to the beach, just doing things.

I rely a lot on television and the Internet for news

sources.

THE COURT: Thank you very much, Ms. Wallace.

Mr. Koski.

JUROR: Good morning. I'm Robert Koski. I am 55. I

live in northeast Portland. I own a home. I live with my wife

and two daughters. The daughters are 13 and 16. I have never

been in the military.

I have a bachelor's of science in mechanical

engineering. I am a senior engineer for a medical device

company.

I am a sailor, a remodeler. I get my news from the

Internet and television.

THE COURT: Thank you very much, Mr. Koski.

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Ms. Linborg.

JUROR: I'm Tiffany Linborg. I am 30. I was born in

Portland. I currently live in Beaverton, and I rent. I am

single and not in the military. I got a bachelor's degree in

English literature, and I am not currently working, but I was

an administrative assistant for a good, long while.

Hobbies. Reading, gaming, hiking.

And my news sources are mostly NPR.

THE COURT: Thank you very much, Ms. Linborg.

Ms. Stanley.

JUROR: I'm Amanda Stanley. I am 40 years old. I

was born in Long Beach, California, and I currently live in

Lake Oswego, where I own my home. I have a husband, 41, and

two children, a girl, ten and a boy, eight.

I did not serve in the military.

Undergraduate degree in business. An MBA from

Willamette, a PMP certification. My husband has an

undergraduate degree. He is an electrical engineer. Children

are fourth grade and second grade.

Employment. I'm a project manager at a financial

services company currently, and I was a systems architect at

AT&T Wireless for a number of years.

I was a Chi Omega in college. I currently volunteer

for the Girl Scouts as a trooper leader and other things as

required.

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I like reading and fine dining, and I use the

Internet for news.

THE COURT: Thank you very much, Ms. Stanley.

Is it Ms. Shidner (enunciating)?

JUROR: Rebekah Shidner. I'm 43. I was born in

Albany, Oregon. I currently live in Aloha. I own my home.

I'm married. My husband is 41. We have a total of six

children. I have three boys, ages 21, 16, and 11. His

children are 23, 17, and 10. Five of the six live with us.

My adult son works for Oregon Canadian Forest

Products as a laborer. I work as an executive assistant for a

consultant specializing in orthodontic practices. My husband

owns a fitness studio.

Education. I have an associate's degree. My husband

went to school for exercise science. He does not have a

degree. He left to play minor league baseball.

We are not with any organizations.

Hobbies are hiking, outdoor activities, and working

out. 

News sources is television.

THE COURT: Thank you, Ms. Shidner.

Let's go to Ms. Langton.

JUROR: I'm Shelley Langton. I was born in Midland,

Texas, and I live here in Portland, Oregon. I am 47 years old.

I own a home as well as rent, as I'm separated currently from

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my husband. We have a six-year-old son.

I have not been in the military.

I have a bachelor's and a master's in special

education and a master's in occupational therapy. I work as a

pediatric occupational therapist for Multnomah Early Childhood

Program.

My son is in school.

No official organizations.

Leisure. I like to hike and do yoga and do outdoor

activities with my son. I also do a lot of researching

wellness related to healthy lifestyle.

And I don't get a lot of news. When I do, it is just

through OPB radio usually on the way to work

THE COURT: Thank you very much.

Mr. Matlock.

JUROR: I am Jeremiah Matlock. I am 21 years old. I

was born in Oregon. I don't remember exactly where. I

currently live in King City, and I rent with my two roommates.

I am single. I haven't been married or anything.

I have not served in the military at all.

I have a high school graduate degree. I had two

years of college. I haven't gone back yet.

I am currently employed as a cashier at Taco Bell. I

have been there for about two years now.

I am not part of any organizations.

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Hobbies. I play video games, watch YouTube, and go

see movies and stuff.

News sources. I don't actively seek out news, but if

I see something on YouTube, I'll click on it and see what's

going on.

THE COURT: Thank you, Mr. Matlock.

Mr. Jaren.

JUROR: I am Jeff Jaren. I live in Gladstone,

Oregon. I have been a native all my life. I currently live

with my parents, who are retired, and my brother down in the

basement. I help him out. He is epileptic. So a lot of help

with the family there. 

I have not been part of the military. I'm an Eagle

Scout though.

Education. I went to Gladstone High School.

Current employment. I have been working retail sales

for the most of my life. I currently work at Sportsman's

Warehouse off of 82nd.

Organizations. I am involved Salem Trail Lines

outside of Silver Falls. We build the trails out in Silverton

there. 

Hobbies. Anything outdoor pretty much.

News sources. I don't do a whole lot. But if I see

anything, it would be the Internet.

THE COURT: Thank you, Mr. Jaren.

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Mr. Douglas.

JUROR: Ben Douglas. I'm 60 years old. I was born

in Mississippi and grew up there. I did most of my education

there and then moved to California in 1985, where I did my

family medicine residency training. I then moved to Oregon in

1995 -- '94. 

I am married. I own a home in Tillamook.

Let's see, we have three children. Our oldest lives

in Portland and is employed by Portland Center Stage. Our

middle child lives in Beaverton and is a bus driver. Our

youngest child lives in Tillamook and mostly does

landscaping/yard work.

I have never served in the military, but my wife was

a physician in the Air Force and was a major at the time that

she left the Air Force.

Education. Medical degree and family medicine

training for both me and my wife.

Our oldest child did graduate from the University of

Portland. Our other two children have attended some college.

Employment. I'm currently employed by Adventist

Health. I am a family medicine physician in Tillamook. I also

am a hospice physician for Adventist Health in Tillamook and

the Portland office. My family medicine practice focuses on

what is called lifestyle medicine with an emphasis on whole

foods, plant-based foods, avoiding medication as much as

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possible, avoiding supplements, fad diets, and that sort of

thing.

Organizations. I'm very active in our church. I am

the volunteer music director at our church.

Hobbies. Anything that has to do with music. I'm an

amateur musician. I lead a guitar community class, and I also

like to run.

News sources. I don't seek out a lot of news, but

most of what I hear comes from NPR.

THE COURT: Thank you very much, Dr. Douglas.

Dr. Knowles.

JUROR: Gary Knowles. I am 63 years old. I was born

in Long Beach, Oregon. I currently live in Monmouth, Oregon,

where I own my own home, living with my wife all of those

years. I have four children, three of which live in my same

town also; one living in Florida.

I have never served in the military. I'm an

optometrist, and so I have got a postgraduate degree, as does

my wife. All four of my children are also optometrists.

I am currently retired. My kids came back and took

over my job.

We spend a decent amount of time doing vision mission

trips, which is probably my civic involvement.

I play a lot of golf. 

Most of my news source is NPR, but I really don't

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seek out much news.

THE COURT: Thank you, Dr. Knowles.

Ms. Heberling (enunciating).

JUROR: Heberling. I am Bridget Heberling. I was

born in Spokane, Washington. Currently I live in Milwaukie,

Oregon. We own our home. I am married. We are both 62. Our

son lives in Klamath Falls. He is 32. Our daughter lives in

Portland, and she is 29. No military service. I have a B.A.

in business. My husband has a B.A. in electrical engineering.

Our daughter has a master's in planning. Our son is

a physician's assistant. He has a master's in science.

I am currently retired. Prior to retirement, my last

job was preschool teacher.

Church would be my organization.

I like camping, hiking, reading.

News source would be TV, newspaper.

THE COURT: Thank you very much, Ms. Heberling.

Mr. Altman.

JUROR: Curtis Altman. 69. Charlotte, Michigan.

Own in Oregon City area. Married. Two kids in their 40s.

U.S. Embassy. Lance corporal. '68-'70, infantry.

Eleventh grade.

Wife and kids are high school.

Retired carpenter. The wife retired -- she worked at

the school kitchen.

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NRA, VFW, and AARP.

Leisure. Pretty much anything outdoors.

Newspaper and radio for news sources.

THE COURT: Thank you, Mr. Altman.

Mr. Sedell.

JUROR: David Sedell. I'm 31. I was born in North

Charleston, South Carolina. I currently live in Beaverton,

Oregon. I own my home there. I am married. My wife is 32.

She is currently not working. She is pursuing -- well, she has

a bachelor's degree in biology, and she is currently pursuing a

paralegal certificate.

I have a four-and-a-half-month-old daughter.

No military service.

Education. I have a bachelor's degree in business.

I have an MBA from Carnegie Mellon.

I am currently a product manager at Intel.

No organizations.

In terms of leisure, pretty much anything related to

cars, TV, movies.

News sources. I usually listen to NPR in the

morning. I usually watch local news at night, and, of, course

Internet.

THE COURT: All right. Thank you, Mr. Sedell.

All right. Folks, here is what we are going to do

now: In a few moments we will take a mid-morning break. When

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we come back, I'll invite one of the attorneys for the

plaintiff to ask you some questions, probably up to about 15

minutes. Then I'll invite one attorney from the defendant to

ask you some questions up to about 15 minutes. Then I'll ask

all of the prospective jurors to go into the hallway. The

attorneys will make their jury selections, or really their

exercise their challenges, and then we will select and tell you

who the jury is, and I'll excuse everybody else.

But for right now what I would like the 16 of you to

do is look to your left and look to your right. Figure out

where you are sitting. You can leave your property on your

chair right now, because when we come back after our break, I

would like you to be in exactly the same chairs, please. If

you have any questions, ask Mary. She has got the chart.

Then, also, please remember, do not discuss this case

or anything to do with it among yourselves. Don't look

anything up. Don't do any research. In addition, don't

discuss anything with the parties; the lawyers on either side.

I'm going to instruct them not to have any communication at all

with you. You may bump into one or more of them in the hallway

or in an elevator or a restroom. Please do not say anything to

them. They're not going to say anything to you. Because of

this instruction, nobody is going to think that either side is

being rude. You're just complying with my instructions.

So we will take a 20-minute recess. We will get you

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back in these chairs at five minutes after 11:00 on that clock.

(Open court; jury not present:)

THE COURT: Mary, if you could close the door too.

All right. We are here without any of the

prospective jurors. It is 10:45 now. We are making excellent

time. Let me ask both sides their views on something. We are

making very good time. We have to end by 1:00 today. I think

we can either do opening statements this morning, if both sides

are willing to do that. That's probably a good use of time.

The other option is we can bring Mr. Shawn Davis in

by noon, or whenever we are ready for him, and do a 104 hearing

on that issue this morning as soon as we are done selecting our

jury and excusing the jury. We can go that direction

alternatively. If we do the opening statement now, I would

like to have Mr. Davis at 8:00 a.m. tomorrow. 

Any preferences from either side?

MR. DOVEL: Your Honor, the plaintiff would prefer to

do the hearing with Mr. Davis today and do openings tomorrow

morning.

THE COURT: Is that acceptable to the defendant?

MR. O'NEAL: Yes.

THE COURT: Okay. Make sure you get Mr. Davis here.

MR. DOVEL: He is in the courtroom. He is in the

courtroom, and so he is ready.

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THE COURT: Welcome.

All right. You can have a 15-minute recess. We will

resume with our jurors. Then who will be doing the voir dire

for the plaintiff?

MR. DOVEL: I will, Your Honor.

THE COURT: And who will be doing the voir dire for

the defendant?

MR. O'NEAL: I'm sorry, Judge?

THE COURT: Who will be doing the voir dire for the

defendant?

MR. O'NEAL: Myself, Judge.

THE COURT: Very good. We will pick up with

plaintiff and then defendant starting at five minutes after

11:00.

MR. O'NEAL: Before we recess, Judge, our materials,

for purposes for examining Mr. Davis, are back at our hotel

room. We can take a break and go get them.

THE COURT: Now is a great time to send someone back

for them. That way they can be retrieving those materials

while you are talking to the jurors.

(Recess.)

(Open court; jury not present:)

THE COURT: Are we ready to bring the prospective

jurors in?

Counsel, remember, as soon as you are done with your

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voir dire, I will see the lawyers at sidebar and ask about

cause.

(Open court; jury present:)

THE COURT: We have almost everyone.

Counsel, you may be seated.

All right. Welcome back, prospective jurors. At

this time I am going to invite an attorney for the plaintiff to

ask you all some questions.

Mr. Dovel.

MR. DOVEL: Thank you, Your Honor.

Good morning.

JURY PANEL: Good morning.

MR. DOVEL: My name is Greg Dovel. I am from Yakima,

Washington. I live today in Los Angeles. I am married, and I

have four kids.

Let me start with Mr. Matlock, if I could. "Brutal

honesty." What do those words mean to you? "Brutal honesty."

JUROR: Jeremiah Matlock. To me it feels like it

means that you are being completely honest with someone, even

it might hurt their feelings or make them upset. You are being

completely honest in telling them you how you feel deep down.

MR. DOVEL: That's what I'm going to need. I need

you to be brutally honest with me, even if it is going to hurt

my feelings; just how you feel deep down. Can you do that?

JUROR: Yes.

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MR. DOVEL: Can everyone here do that? I have got

about 10 or 15 minutes to talk to you, and I expect you to do

most of the talking. I have a few questions to ask, and I ask

you to be brutally honest with me.

To start, I'm going to tell you about something that

really bothers me about this case when I first heard about it;

something that made me not want to be part of this case. This

case is about some people that got some annoying phone calls.

It is not about somebody who suffered a personal injury, lost a

loved one, lost a life. It is not someone who was ripped off

for a lot of money. There is not someone who came up with a

great invention, got a patent, and a big company stole it from

them. It is just some annoying phone calls.

When I first heard about this, I thought, why make it

a federal case about it? What are we doing in court?

MR. O'NEAL: Objection, Your Honor.

THE COURT: Sustained. Let's ask a question, please.

MR. DOVEL: Yes, Your Honor. 

So brutal honesty, when you first heard about this

case and heard what it was about, what did you feel? What did

you think? Who wants to start?

THE COURT: Remember to state your name first,

please, and when a microphone gets to you.

JUROR: Bridget Heberling. When I first heard what

it is about, I thought, yeah, I don't like those phone calls

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either.

MR. DOVEL: Thank you for that. Thank you for

volunteering. I have another question for you. But did you

think, why are we in court here? You have gotten calls like

that, you raised your hand about that, and you never filed a

lawsuit, right?

JUROR: No.

MR. DOVEL: Does it bother you that we are here in

court trying to hold someone accountable for making calls like

that?

JUROR: No. I think there is a reason.

MR. DOVEL: Who else? I need to hear from as many

people as possible.

THE COURT: Just state your name first.

JUROR: Ben Douglas. I was actually not familiar

with the law that is involved with this case, but I was pleased

to know that there was a law that helps prevent unwanted phone

calls because in my work I actually have two phones now. One

is dedicated to work; one is a personal phone. The newest

phone I got, I get lots of phone calls for the person who used

to have the phone number. It interrupts my day multiple times

when I'm trying to provide patient care. So I was glad to know

that there is a law that prevents some of that.

MR. DOVEL: Thank you.

JUROR: Tracie Wallace. I guess my first brutal

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Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 67 of 160
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honest thought was hang up. But at the same time I agree with

the other two people here that there must be a reason, and also

that if there is a law that is to take into consideration that

we are here, I would like to know what that is personally so I

may one day be in a position that I might want to exercise my

rights as well.

MR. DOVEL: Thank you, Ms. Wallace.

Who else? Who is next? 

Mr. Jaren, could I get your comments on this? Thank

you.

JUROR: Jeff Jaren. I get many of these annoying

phone calls, whether it's on my home or on my cell phone. I

tend to just ignore them, if it's not on my phone book list.

If it is that important, they will leave a voice mail for me.

MR. DOVEL: You just ignore them?

JUROR: I just ignore them.

MR. DOVEL: Have you ever considered trying to do

something -- to bring a lawsuit -- to stop people from making

these kind of illegal calls? 

JUROR: I have not in the past.

MR. DOVEL: Why not?

JUROR: I'm pretty busy with work and just haven't

thought about taking the time to do it.

MR. DOVEL: Thank you, Mr. Jaren.

Mr. Koski, I would like to hear from you on this if I

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could.

JUROR: Robert Koski. I think you would be hard

pressed to find anyone who enjoys a cold call. They are

offensive.

MR. DOVEL: Those calls are offensive, but should we

be taking your time, the judge's time here in court trying to

hold somebody accountable for it?

JUROR: That's a good question. I have attempted to

fill out Do Not Call lists, and it feels like that has been

mostly ineffective.

MR. DOVEL: So what should we do?

JUROR: That's a good question.

MR. DOVEL: Does anyone have any thoughts on what we

should do? Let me ask Mr. Altman, if I could have you weigh in

on this.

I remember you said that you thought that there were

too many lawsuits about unimportant things. This is pretty

unimportant. Is this one of those lawsuits?

JUROR: Well, I haven't heard anything other than

what has been said this morning, so I'm not going to make that

decision until -- but yeah, I do think that there are quite a

few lawsuits. Whether this would be one or not, I don't know,

that shouldn't go as far as they do, I guess.

MR. DOVEL: When you first heard about what this case

was about, what was your reaction? Brutal honesty, what was

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your reaction?

JUROR: That it would be boring.

MR. DOVEL: That it is going to be boring sitting

through this kind of stuff.

JUROR: I was on a similar one once before and it

was -- all the technical talk and different -- for me it gets

kind of boring.

MR. DOVEL: All right. Thank you.

Does anyone else have any thoughts they want to share

about their initial reaction when they heard about this case?

Let me ask you about another topic, and that's class

actions. When I heard about this case --

THE COURT: Let's go to a question.

MR. DOVEL: Yes, Your Honor.

In this case you are going to get to meet one of my

clients, Lori Wakefield. There are another approximately

800,000 people that are part of this class. They are not going

to testify. We are going to have to prove their case based

upon information.

MR. O'NEAL: Objection, Your Honor.

THE COURT: Sustained. Let's get to a question.

MR. DOVEL: Yes, Your Honor. 

When anyone first heard this was about a class

action, and we have got this one class representative and many

other folks are not going to be here, did you have any thoughts

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or feelings about that one way or the other?

Ms. Cornett, if I could ask you to weigh in on that

for us.

JUROR: Rebecca Cornett. I guess for me it is just I

always like learning things, so I hadn't heard about any of

this. So it's just more of a curiosity and about how the

process works.

MR. DOVEL: Well, you are going to get to hear

specific testimony --

MR. O'NEAL: Objection, Your Honor.

THE COURT: Overruled.

MR. DOVEL: You are going to get to hear specific

testimony from one person, Lori Wakefield. For the class, we

have got to rely on documents and stuff we get from defendants.

Is that going to trouble you to have to figure out what

happened to the class if you don't hear any of those people

here testifying?

JUROR: I mean, I think as long as the information is

presented and you can look at it, then I wouldn't have an issue

with it.

MR. DOVEL: Information you could look at?

JUROR: Yes.

MR. DOVEL: Mr. Hauger, what about you? What are

your thoughts about whether you would be troubled that you are

not going to be hearing any testimony from most of the people

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Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 71 of 160
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in the class?

JUROR: Kyle Hauger. No, I think it is fine to have

a representative here of the class. Depending on how large it

is, I cannot imagine actually sitting through the entire class

testifying. But I do think that it is important to at least

have one live person here and potentially to have a face on the

case. But in terms of other documentation or other documents,

I'm comfortable with that.

MR. DOVEL: Thank you. I appreciate that.

Mr. Noffsinger, could I ask you to weigh in on that.

JUROR: I don't have any issues with the class or

having sole representation on behalf of the class, I guess. I

don't have any strong feelings.

MR. DOVEL: In this case if you are a juror, you're

going to have to make a decision for the class based on

documents, not live testimony from people describing the calls

they got.

Do you have any thoughts about whether that might be

an issue for you one way or the other?

JUROR: I don't think it is an issue. I think it

will help having as much testimony as we can, and we will be

able, as jurors -- I propose -- be able to empathize with the

descriptions. Even though they are not here, I think we will

be able to see themes throughout the testimony that gives

credibility to the class.

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MR. DOVEL: Thank you. I appreciate that.

Can you pass the microphone over to Mr. Koski.

Mr. Koski, can I hear from you on this subject of

class action. We are going to see testimony from one live

person. The other 800,000 are not here to testify.

JUROR: I don't have a problem with one

representative from the class. The whole affair is surprising.

MR. DOVEL: Say more about that.

JUROR: As I said, cold calls are offensive in their

nature. I think collectively we receive them and turn them

down. They are annoying, but we move on with our dinner, and

so I find it interesting that it has come to this.

MR. DOVEL: When you say "interesting," be brutally

honest with me. Are you saying you are kind of skeptical that

we should be spending our time here; that you would rather be

on a different case?

JUROR: I don't know what is at stake here. I don't

know what offenses are alleged. I only know how I personally

have been offended by this telemarketing. Essentially I accept

it and move on.

MR. DOVEL: In this case you are not going to be

making a determination about how much money to award. You are

going to be determining whether the defendant, ViSalus, should

be held accountable, and if they did it, how many calls they

made. That's it. You are not going to be awarding any money.

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Is that going to frustrate you?

JUROR: No, that will not.

MR. DOVEL: Ms. Linborg, can I ask you a question?

On this topic of class actions, we have got one person who is

going to testify. Most people are not. We have to use the

documents that we get from the defendant to prove these class

claims. Does that cause you any concern, or do you have any

questions about that?

JUROR: Not really.

MR. DOVEL: When you first heard about this case, did

you think, what's the big deal? What were your thoughts?

JUROR: Maybe a little, but I think everyone is

entitled to have their own opinion. Someone might feel

differently than I do, and that's perfectly okay.

MR. DOVEL: I want to know your opinion. Be brutally

honest with me. Is this something that you think is not worth

spending our three days on?

JUROR: I guess I can't honestly say, like many of

these people are saying, until I have more information. To be

brutally honest, I don't have an answer.

MR. DOVEL: Thank you. I appreciate that.

Mr. Neuls, I know you've served on a jury. I believe

you were the jury foreperson; is that right?

JUROR: Correct.

MR. DOVEL: In that experience it wasn't a case that

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involved some annoying phone calls, right?

JUROR: No.

MR. DOVEL: When you heard this case was going to be

about phone calls that are alleged to violate a federal law,

and that was all at stake, what were your thoughts? What did

you think about that?

JUROR: Oh, I was mildly disappointed. I was hoping

for something more exciting.

MR. DOVEL: Thank you. I appreciate that.

THE COURT: Mr. Dovel, you have about two minutes

left.

MR. DOVEL: Thank you very much, Your Honor.

That case, was it a criminal case or civil case?

JUROR: Criminal.

MR. DOVEL: In this sort of case, for us to prove

what we have to prove, we have to prove it by a preponderance

of the evidence, which means --

THE COURT: Let's ask a question.

MR. DOVEL: Some people think that if we have got to

prove our case only by a preponderance, showing it is more

likely true than not true, that it is not fair to the

defendant, and we should have to prove it by overwhelming

evidence, by beyond a reasonable doubt, not just a little bit

more true than not true.

Does anybody think it wouldn't be fair to the

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defendant if all we have got to do is show just it's more

likely true than not true? You've got the microphone, 

Mr. Neuls. What do you think about that?

JUROR: I'm good with that.

MR. DOVEL: Does anyone, when they hear about that

concept, think, well, I kind of move more toward the people

that think it is not fair? In a case like this we should have

to prove it beyond a reasonable doubt. Does anybody have that

kind of a view?

Mr. Matlock, any thoughts about that?

JUROR: Jeremiah Matlock. I can see why people might

think that, but it seems like for this case that we don't have

the option to hear from like hundreds of people, plus I don't

think anybody would want to sit through hundreds of people. I

feel as long as the documents are like accurate and factual and

aren't just like random people saying, "Oh, this happened," and

it just ramps up and it actually did happen, I think it should

be fine.

MR. DOVEL: Are you okay being part of a case where

we just have to prove that it is more likely true than not

true?

JUROR: I prefer it to be like -- I'm trying to find

the word -- I prefer it to be proven beyond a shadow of a

doubt, but it doesn't seem like we will have the option for

that case. So I am okay with it being more likely true, if you

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can prove it that way.

THE COURT: That's a very good place to end it. By

the way, members of the jury, I will tell you that in a

criminal case the standard is proof beyond a reasonable doubt.

In a civil case like this one it is proof by a preponderance of

evidence. After we select our jury this morning, I will give

the jury some preliminary instructions. One of the things that

I'm going to do is explain what it means to prove something by

a preponderance of the evidence. I will even give you an

example.

Thank you very much.

Thank you, Mr. Dovel.

MR. O'NEAL: Thank you, Judge.

THE COURT: 15 minutes.

MR. O'NEAL: I have my cheat sheet.

Mr. Koski --

JUROR: Good morning. Robert Koski.

MR. O'NEAL: John O'Neal.

When you said "cold calls," what did you mean?

JUROR: Unknown phone numbers calling by automated or

solicitors.

MR. O'NEAL: Calls coming from people that you didn't

know?

JUROR: Yes.

MR. O'NEAL: Calls coming from companies that you

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didn't give their phone numbers or have any connection with?

JUROR: Correct.

MR. O'NEAL: Do you think there is a difference

between cold calls like you are describing and calls that may

be made by a company where the person who is getting the call

gave that company their telephone number?

JUROR: Is there a difference? Is that your

question?

MR. O'NEAL: Yes. 

JUROR: Absolutely. I keep getting called repeatedly

by a window company as an example. I gave them my phone

number. They are persistent to the point of becoming

offensive, but I signed up for it. I gave them my phone

number. So I accept that.

The predominance of calls I receive I have no idea of

their origin. I'm just amazed that this tactic or technique or

sales method -- it must be tremendously effective because, as I

said before, I've never met anyone that says, "Hey, that was

great. I got three robocalls last night, and I got offered

some great services." I don't know anyone who is a fan of

this.

MR. O'NEAL: Let me follow up with the rest of you.

Do any of you see a distinction between a call that comes from

somebody that you don't know or you didn't give your numbers to

as opposed to getting a call from someone that you did?

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JUROR: Tracie Wallace. Hi.

I believe and feel there is a distinction, when you

give your number to somebody and they call you, you have a

conversation. If you opt not take their services and you ask

them to take you off their calling list, and you are no longer

interested, then that's where it should cease.

MR. O'NEAL: Anybody else? Does anybody else want to

comment? Yes, sir.

JUROR: Kyle Hauger. Yeah -- personally I would draw

the line where if the particular individual or company that I

gave my phone number to, if they then sold it to another

company, that would be annoying and out of line and basically

not had my permission to call me then at that point. So it is

kind of passing my number downstream, I guess.

MR. O'NEAL: Anybody else?

Ma'am, I think you mentioned like "stop calling me."

Does anybody have a view on whether if you hand out your phone

number, if you voluntarily give it to someone or a company, and

they call you, and at the time that the call is made there

hasn't been an express instruction "don't call me"?

Does anybody think that's different than perhaps the

cold calls that you have heard talked about today? 

Yes, ma'am.

JUROR: Shelley Langton. I think there is a

distinction when you give your phone number as part of sort of

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signing up with an organization or the check-out or something.

There is a distinction between just providing that and then the

company feeling -- taking that to, well, let me just be

incessantly calling or very persistent without expressly

indicating that when you are giving them your information.

MR. O'NEAL: Thank you.

You heard Mr. Dovel talk about Ms. Wakefield being

the only member of the class that's going to come testify. I

think a couple of you commented to try to have serial testimony

isn't going to be the greatest. But I would like to ask you

about this: What about corroborating evidence for the rest of

the class? Does anybody think that they would immediately

accept without further question that Ms. Wakefield's

experience, at least what she testifies about, has to be the

same for everybody else in the class, or would you be looking

for other evidence related to what may have happened to

different people? 

Yes, sir.

JUROR: Jeremiah Matlock. I prefer like hearing

different people's experience with what happened. Hearing one

person is like, "Okay. It just happened to one person. It is

not that big a deal." But if it happened to multiple people

and to have like the same type of experience, and it wasn't

good, then it makes sense that there would be a case like this.

MR. O'NEAL: And if you heard evidence that perhaps

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some people were a business, and they gave out their number to

my client, or if somehow you heard some evidence that they were

working as a promoter, which is basically serving as a sales

agent, an independent contractor, does anyone think that might

influence their decision on how to handle this case one way or

the other? No.

Who has heard of the phrase "corroborating evidence"?

Anybody heard of that before? 

Yes, ma'am. What does that mean to you?

JUROR: Rebekah Shidner. To me it means that people

basically are all on the same page with respect to the facts

and the information that has been presented, and so they are

all having similar experiences, and it's all being combined

together to be presented as one.

MR. O'NEAL: Let me ask a different question. I'm

going to spin Mr. Dovel's question on its head. How many would

find it significant in their decision if it was in fact true

that Ms. Wakefield is the only person who came in and

testified, and you heard evidence that that's because other

people had different experiences? Maybe they didn't come in

and testify to it, but there was evidence that suggests that

one shoe doesn't fit at all.

What's your thoughts on that? How would you react to

that?

JUROR: (Amanda Stanley; unannounced) I guess I'd

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feel like the concept of a class is an efficient way to go

about this in terms of our legal system to be able to not

overload and what have you. So I feel they are going to pick a

candidate who makes a good case for this, and that's what I'm

going to have to go off. That's what my decision will be based

on -- that testimony and any other testimonies provided.

MR. O'NEAL: What's your thoughts on that?

JUROR: David Sedell. Folly Beach. Very nice, rough

surf.

MR. O'NEAL: I know.

JUROR: I think it can be difficult, you know, if the

situation is not kind of the same across all class members. I

think we have to take it -- take it at face value that there is

some overlapping evidence between the present party and the

class members.

Unfortunately, without the subjectivity of the other

class members, I think we're missing some. But if we get good

evidence, good facts from the present member, and we see

evidence that shows it is fairly similar across the class

members, then I think it might be fair.

MR. O'NEAL: This is one of the questions that

His Honor alluded to, but it is also important for me because I

have got to make sure --

THE COURT: Let's get to a question.

MR. O'NEAL: Yes, Your Honor.

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The judge is going to give you instructions that will

outline what I'm going to call the elements of the claim. It

will be 1, 2, 3, 4, 5, something like that.

Does anybody feel that they would not be able to go

through and examine each one of those elements closely to make

sure that plaintiff has met the burden for each one?

Does anybody think that maybe that their feelings

about telemarketing or anything like that might say, "No, I

don't need to pay attention"? Anybody have that thought?

How about if the plaintiff -- if His Honor gave you

several elements and maybe the plaintiff proved 1 and 2, but

didn't prove 3 and 4? Does anybody have a problem returning a

verdict against the plaintiff in that instance? 

Here is the question that's on everybody's mind: How

about your experiences with telemarketing? Do you believe that

you will be able to set those aside and be able to make a

decision on facts in this case, even though we are dealing with

a company that has been accused of making a lot of telephone

calls? That's what we really want to know.

Is anybody going to not be able to do that?

All right. Your Honor, I'm done.

THE COURT: All right. Thank you very much,

Mr. O'Neal.

Let me see one or two counsel from each side at the

side bench, please.

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(A discussion was held off the record at sidebar.)

(Open court; proceedings resumed:)

THE COURT: Members of the prospective jury panel, I

am now going to invite you all to go to the hallway. I think

this time it will be about 15 minutes. Here is the plan: When

we call you back in 15 minutes, you are not going to be seated

in the jury box. So take your property with you to the

hallway.

Everybody, when we open the doors in about 15

minutes, Mary will then call the names of the eight people who

will be on this jury. We don't do any alternates. All eight

will be on the jury. So at that point I will excuse everybody

else. I will then give preliminary instructions to our

eight-person jury, Mary will show you access to the building,

and I'll explain everything to the jury at that time.

But for right now I would like to ask every

prospective juror in the courtroom to step into the hallway for

about 15 minutes. Mary will close the door. Don't come in

until the door is open, but be available in 15 minutes.

(Open court; jury not present:)

THE COURT: All right. Relax.

We are here without the prospective jurors.

At sidebar the defendant challenged for cause

Mr. Robert Koski. He is in seat No. 5. There was no objection

to that from the plaintiff, and so I'm excusing Mr. Koski for

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Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 84 of 160
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cause.

Am I correct, counsel for plaintiff?

MR. JACOBSON: Yes, Your Honor.

THE COURT: Counsel for defendant, am I correct?

MR. O'NEAL: Yes, Judge.

THE COURT: Okay. So Mr. Koski is gone for cause.

That means that we now have 15 people sitting up

there, but we only need, since each side has three

peremptories, we really need 14, because 14 minus six is eight.

We will have an eight-person jury. No alternates. They will

all deliberate to unanimity. So that means for all purposes

Mr. Sedell in seat No. 16 should be gone from your

consideration.

So that leaves 14 people when we take away

Mr. Sedell, who is in seat 16, and when we take away Mr. Koski.

There are now 14 people. I would like three peremptories. We

would like to go back and forth, one each. Three peremptories

from the plaintiff; three from the defendant. And if you

choose not to exercise one, that's fine, but you don't get to

come back at the end and exercise it. And then the first eight

people by seat number will be our jury.

So if you happen to not exercise something, nine

people will be remaining. The first eight by seat number will

be the jury. In a moment I'll ask for the plaintiff's first

peremptory and then defendant's; then plaintiff's second and

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Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 85 of 160
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defendant's; and plaintiff's third and then defendant's.

Any objection to this procedure or any questions? 

MR. DOVEL: No objection. Will we have a minute to

talk?

THE COURT: Yes, but not much more than a minute.

Any objections to the procedure or any questions?

MR. O'NEAL: So, Judge, we drop currently the one in

16?

THE COURT: Yes. So basically take out of your

consideration Mr. Koski in seat 5 and Mr. Sedell in seat 16

because he is the last one on this list. That leaves 14.

So any objections to this procedure or any questions

from the defendant?

MR. O'NEAL: No, Judge.

THE COURT: Okay. I'll give you a minute.

(Pause in proceedings.)

THE COURT: May I please have plaintiff's first

strike?

MR. JACOBSON: Plaintiff will excuse Curtis Altman,

No. 15.

THE COURT: No. 15, Mr. Altman, is excused.

Defendant's first peremptory, please.

MR. O'NEAL: Defendant will excuse Dr. Douglas.

THE COURT: And that is No. 12. Thank you.

Plaintiff's second peremptory.

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MR. JACOBSON: Plaintiff will excuse Mr. Matlock, who

is in seat No. 10.

THE COURT: 10. Mr. Matlock is excused by the

plaintiff.

Defendant's second peremptory, please.

MR. O'NEAL: Defendants will excuse Mr. Noffsinger,

Juror No. 3.

THE COURT: No. 3, Mr. Noffsinger.

All right. Plaintiff has one more peremptory;

defendant has one more peremptory.

Whenever you are ready, I'll take plaintiff's final

strike.

MR. JACOBSON: Mr. Jaren, who is in seat No. 11.

THE COURT: No. 11, Mr. Jaren.

Whenever you are ready, I'll take defendant's final

peremptory strike.

MR. O'NEAL: We will excuse Mr. Knowles.

THE COURT: No. 13, Dr. Gary Knowles.

All right. In a moment, Mary and I will compare our

notes, and then we will tell you who we think remains for the

jury and ask you if you all agree and give you the seat

numbers, 1 through 8. Later today or tomorrow morning Mary

will give you an actual seating chart.

All right. Mary, let's you and I compare notes. If

I've got this right, we have a jury of seven women and one man.

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Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 87 of 160
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Counsel, listen up too and then tell me if you agree.

In seat No. 1 is Ms. Rebecca Cornett.

Mary, do you agree?

THE CLERK: Yes.

THE COURT: No. 2, Mr. Kyle Hauger.

No. 3, Ms. Tracie Wallace.

No. 4, Ms. Tiffany Linborg. 

No. 5, Ms. Amanda Stanley.

No. 6, Ms. Rebekah Shidner.

No. 7, Shelley Langton. 

And No. 8, Ms. Bridget Heberling.

Plaintiff's counsel, do you agree?

MR. DOVEL: We agree, Your Honor.

THE COURT: Defendant's counsel, do you agree?

MR. O'NEAL: We agree.

THE COURT: Let's bring them in, Mary. I'm going to

excuse the others and go right into preliminary instructions

and then send them out for the day.

Counsel, please be seated. Thank you.

Welcome back, all prospective jurors. What has just

occurred after the voir dire, after the questioning, was that

the parties have had an opportunity to exercise their

peremptory challenges, which results in a prospective juror

being excused/not being selected. No reason needs to be given,

and it is not personal. No one who is excluded should in any

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Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 88 of 160
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Jury Selection

way feel insulted or slighted. This is just part of the

process to make sure that we have a jury who is not only fair

and impartial, but one that both sides accept as fair and

impartial.

So, Mary, will you please read the names of our

eight-person jury. There will be no alternates here. These

will be our eight jurors.

Now what we are going to do is seat you four in the

front row with No. 1 being closer to me. So seats 1 through 4

in the front row and then 5 through 8 in the second row, seat 5

being closest to me.

Mary, please call the jurors and please come up when

you hear your name.

THE CLERK: Rebecca Cornett.

Kyle Hauger.

Tracie Wallace.

Tiffany Linborg.

THE COURT: Ms. Wallace, you can go through the back

door.

THE CLERK: Amanda Stanley.

Rebekah Shidner.

Shelley Langton.

And Bridget Heberling.

THE COURT: All right. Before I excuse everyone

else, I need to swear in the jury.

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Mary, will you please swear in our jury.

(The jury was duly sworn.)

THE CLERK: Thank you. Please be seated.

THE COURT: For everyone else who is summoned for

jury duty, you are all excused. I thank you very much for your

service to the United States District Court. We could not do

this process without you. So thank you all for coming in. 

You are now the jury in this case. I am going to

take a few minutes to tell you about your duties as jurors and

to give you some preliminary instructions, and then we are

going to be done for the day. I'll talk to you about what's

going to go on in the remaining schedule.

But for now let me tell you that, although I'm giving

you preliminary instructions now, at the end of the trial I

will give you each a set of final written instructions that

will control your deliberations. So you'll get an overview

now. When we start up with the trial, you'll have notebooks.

Some of the things that I'm going to be reading to you, you may

say, "Oh, I'm not going to remember this." That's okay for

now, because at the end of the trial you will have a set of

written instructions that will be largely what I'm saying now,

but also a little bit more detail on some of these things.

But you should not take from these preliminary

instructions, or, frankly, from anything I may say or do during

the trial that I have an opinion regarding the evidence or what

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Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 90 of 160
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should be your verdict. That is entirely up to you. When you

deliberate at the end of the trial, it will be your duty to

weigh and evaluate all of the evidence received in this trial

and in that process, to decide the facts. To the facts, as you

find them, you will apply the law as I give it to you. You

will recall that you have taken an oath to do so.

In following my instructions, you must follow all of

them and not single out some and ignore others. They are all

important. You must decide the case solely on the evidence and

the law before you.

You must not be influenced by any personal likes or

dislikes, opinions, prejudices, sympathy, or biases. When you

go into the jury room to deliberate at the end of the trial,

you will be asked to decide the case, but you will not only

have to vote yes or no on certain jury questions, in order to

do your duty as a juror, you'll have to explain to your fellow

jurors what evidence you believe supports your decision to vote

in a certain way. I tell you this now because research has

shown that jurors who understand that they will be accountable

to their fellow jurors for their vote pay more attention to the

evidence and are more engaged in jury deliberation. Our system

wants you to pay attention and to fully engage in jury

deliberation because jurors who do these things help make sure

that the trial reaches a just result. Thus, good jurors pay

attention and participate with their fellow jurors during

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Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 91 of 160
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deliberation.

This lawsuit is a civil case. That includes both an

individual claim and a class action claim under the Telephone

Consumer Protection Act, which is sometimes referred to as the

TCPA. The TCPA is a federal law that, among other things,

makes it unlawful for any person or entity to make a

telemarketing call to a mobile or cellular number or to a

residential telephone line or a residential landline when that

call uses an artificial or prerecorded voice to deliver or play

a message, unless the person or entity making the call has the

prior express consent of the party being called.

Now, the named plaintiff in this case is

Ms. Lori Wakefield. In this case Ms. Wakefield asserts one

claim for herself -- that's Count 1; and a separate claim on

behalf of a class of similarly situated individuals; that is

Count 2.

Ms. Wakefield alleges that the defendant in this

lawsuit, ViSalus, Incorporated, or ViSalus, Inc. -- and I'll

probably just refer to it as ViSalus -- violated the TCPA by

making one or more telemarketing calls to mobile or cellular

telephones or residential telephone lines or residential

landlines of class members and in making these calls ViSalus

used an artificial or prerecorded voice to play messages

without having the prior express written consent of the party

A class action is the procedure that allows the

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filing of one lawsuit by a representative or sometimes by a

small number of representatives on behalf of a group of

plaintiffs that have similar claims. This procedure is

intended to avoid duplication of effort or expense from

multiple lawsuits asserting the same claim by many people in

different locations.

Ms. Wakefield is the representative of the class in

this case. The plaintiff class is comprised of all individuals

in the United States who received a telephone call made by or

on behalf of ViSalus promoting ViSalus's products or services

where such call featured an artificial or prerecorded voice and

where neither ViSalus nor its agents had any current record of

prior express written consent to place such a call at the time

such call was made.

You should not hold the physical absence of any class

member from trial against plaintiff or any class member, and

you should not think that it reflects a lack of concern or

interest by any class member in the outcome of this litigation.

Also, the fact that this case is proceeding as a class action

does not mean that any decision has been made about the merits

of the case. You must make that decision.

Also, your verdict here will be binding on all class

members. At the end of this trial you will be asked certain

questions. For Count 1, which is Ms. Wakefield's individual

claim, you will be asked to decide the following questions:

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Did the defendant, ViSalus, make one or more

telemarketing calls to Ms. Wakefield? If so, did any such call

or calls use an artificial or prerecorded voice? If so, were

any such call or calls made to Ms. Wakefield's residential

telephone line or residential landline?

For each of these questions the burden is of proof is

on the plaintiff, Ms. Wakefield, and Ms. Wakefield, the

plaintiff, must prove her case by what the law calls the

preponderance of the evidence, which I will explain to you in a

few minutes.

If you find that Ms. Wakefield has proven each of

these three elements of her individual claim by a preponderance

of the evidence, you will then be asked to answer some

questions about the number of calls that Ms. Wakefield has

proven by a preponderance of evidence ViSalus made to her.

Now, for Count 2, which is the class claim, you'll be

asked to decide the following questions:

Did the defendant, ViSalus, make one or more

telemarketing calls to one or more members of the class other

than Ms. Wakefield? 

2. If so, did any such call or calls use an

artificial or prerecorded voice?

And 3, if so, were any such call or calls made either

to a class member's -- other than Ms. Wakefield -- mobile or

cellular telephone or to that class member's residential

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telephone line or residential landline? And I'm using

"residential telephone line" and "residential landline"

interchangeably.

Now, for each of these class questions, the burden of

proof is also on the plaintiff as the class representative.

She must prove her case on behalf of the class by a

preponderance of the evidence. If you find that Ms. Wakefield,

as the class representative, has proven each of these three

elements of the class claim by a preponderance of the evidence,

you'll then be asked a number of questions regarding the number

of calls that she has proven by a preponderance of the evidence

ViSalus made to the members of the class other than

Ms. Wakefield.

The prohibitions of the TCPA, the Telephone Consumer

Protection Act, apply to both mobile cellular telephones,

regardless of whether they are business telephone numbers and

to residential telephone lines, also known as residential

telephone landlines. The TCPA does not, however, apply to any

call made to a business telephone line or a business telephone

landline. So it does apply to a cell phone, regardless of

whether it is business or residential. It also applies to

residential landlines. It does not apply to business

landlines.

Now, the parties have agreed or stipulated --

"agreed" and "stipulated" mean the same thing -- that

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Ms. Wakefield's telephone number was a landline telephone and

not a mobile or cellular phone. The parties disagree, however,

over whether Ms. Wakefield's landline telephone was a

residential landline telephone or a business landline

telephone. You must decide the issue based on the evidence

presented at trial and the law that I will provide to you.

In deciding this issue, you must give the word

"residential" its usual and ordinary meaning. You may consider

whether Ms. Wakefield's telephone number was registered as a

residential number or registered as a business number. You may

also consider whether that number was publicized or held out to

the general public as a business telephone number even if it

was registered as a residential number. The fact that a

landline telephone is used for some business calls does not

necessarily make it a business telephone landline, so long as

it is used primarily as a residential telephone.

The term "telemarketing call" means the making or

initiation of a telephone call or message for the purpose of

encouraging the purchase of or investment in property, goods,

or services to any person. In determining whether a call is a

telemarketing call, you should consider whether the purpose of

the call was to encourage the purchase of or investment in

property, goods, or services.

To be liable under the artificial or prerecorded

voice prohibition of the TCPA, a person must prove that a

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defendant made a call and either used an artificial or

prerecorded voice during that call or used an artificial or

prerecorded voice to play a message during that call. A call

uses an artificial or prerecorded voice if during a call the

prerecorded or artificial voice actually begins to --

quote/unquote -- speak or begins to play a message. If a

defendant made a call intending to use an artificial or

prerecorded voice, but that voice never actually --

quote/unquote -- spoke or the message never actually played,

then that is not a violation of the TCPA.

The TCPA prohibits making telephone calls to

residential telephone lines -- residential landlines or to

mobile or cellular telephones using an artificial or

prerecorded voice to deliver a message without the prior

express written consent of the party being called.

"Prior express written consent" means a signed

written agreement that clearly authorizes the caller to place

telemarketing calls using an artificial or prerecorded voice.

ViSalus does not contend that it had the prior express written

consent to call Ms. Wakefield or any other class member.

If you find that ViSalus violated the TCPA by making

one or more telemarketing calls that used an artificial or

prerecorded voice to one or more residential telephone lines or

mobile or cellular telephones for any class member, including

Ms. Wakefield, you will be asked to determine -- there are a

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number of questions -- you will be asked to determine the

number of times or the number of violations that ViSalus

committed or the number of times that ViSalus violated the

TCPA. There will be questions on the verdict form for you to

indicate your answers to these questions.

You must decide the case based on the evidence

presented at trial and not guess or speculate. For both

Count 1 and Count 2, Ms. Wakefield has the burden, as I've

said, of proving the number of TCPA violations as well as the

elements of the claims. She has the burden to prove the

elements of the violations and the number of TCPA violations by

a preponderance of the evidence.

Let me explain that. I've already said that the

plaintiff, Ms. Wakefield, has the burden of proving both her

individual claim and her class claim by what the law calls

preponderance of the evidence. When a party has the burden of

proving any claim by a preponderance of the evidence, it means

you must be persuaded by the evidence that the claim is more

probably true than not true.

You should base your decision on all of the evidence,

regardless of which party presented it. The evidence you are

to consider in deciding what the facts are consist of the sworn

testimony of any witness, and there will be both live testimony

and deposition testimony, as I'll explain in a few moments; the

exhibits that are received into evidence; any facts to which

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the lawyers on both sides have agreed, which are also called

stipulations; and any facts, if there are any, that I will

instruct you to accept as proven as true. There may not be

any. But if I do, that's part of the evidence too.

I mentioned that some of the evidence will be live,

by witnesses called up here. Other evidence will be presented

to you by what's called deposition testimony. A deposition is

the sworn testimony of a witness taken before trial. The

witness is placed under oath to tell the truth, just like the

witnesses who will be here live, and the lawyers for each party

may ask that witness questions, and the questions and answers

are recorded by a reporter and then a written transcript is

prepared.

In this trial I expect that excerpts from the

deposition transcript of several witnesses will be read to you.

Now, the person reading the questions may be one of the

lawyers. The person reading the answers will not be the real

witness. It will be a reader. But insofar as possible, you

should consider the deposition testimony presented to you in

court, instead of live testimony, in the same way as if the

witness had been present to testify. But because we won't have

the real witness, only a reader, do not place any significance

on the behavior or tone of voice of any person reading the

questions or reading the answers.

Now, in reaching your verdict, you may consider only

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the testimony and the exhibits received into evidence and any

stipulations. Certain things are not evidence, and you may not

consider them in deciding what the facts are. I will list them

for you:

Arguments and statements by the lawyers are not

evidence. The lawyers are not witnesses, and what they will

say in their opening statements -- and we will do opening

statements tomorrow morning. What they will say in their

opening statements, what they will say in their closing

arguments and at other times is intended to help you interpret

the evidence, but it is not evidence, what they say. And if

the facts as you remember them differ from the way the lawyers

describe them, your memory of them controls.

Also, questions and objections by lawyers are not

evidence. Attorneys do have a duty to their clients to object

when they believe a question is improper under the rules of

evidence. You should not be influenced by the objection or by

the Court's ruling -- by my ruling on any objection.

It is possible that the testimony may be excluded or

stricken, and I'll strike that testimony. I may instruct you

to disregard testimony. If I do, the testimony that has been

stricken or that I've instructed you to disregard, that's not

evidence and must not be considered by you in your

deliberations.

In addition, it is possible that I may limit some

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testimony or exhibits to a particular limited purpose. I may

allow it only for a limited purpose. If I do that, I'll

explain to you what's going on at the time. But if I give you

a limiting instruction, you must follow it.

Finally, anything that you may have seen or heard or

will see or will hear when the Court is not in session is not

evidence. You are to decide the case solely on the evidence

received at trial.

Evidence may be direct or circumstantial. Direct

evidence is direct proof of a fact, such as testimony by a

witness about what that witness personally saw or heard or did.

Circumstantial evidence is proof of one or more facts from

which you can find another fact, and you should consider both

kinds of evidence. The law makes no distinction between the

weight to be given to either direct or circumstantial evidence.

It is for you to decide how much weight to give to any

evidence.

Let me give you an example. If you wake up in the

morning and you look outside your window and you see that the

sidewalk is wet, you may find or conclude from that fact that

it rained at night. That would be an example of circumstantial

evidence. You are inferring that it rained by seeing the

wetness on the sidewalk.

However, other evidence may be presented, such as the

fact that someone in the middle of the night turned on a garden

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hose and sprayed the sidewalk. That may provide a different

explanation for the presence of water on the sidewalk.

Therefore, before you decide that a fact has been proved by

circumstantial evidence, you must consider all of the evidence,

in light of reason, experience, and common sense.

Now, there are rules of evidence that control what

can be received into evidence. When a lawyer on one side or

the other asks a question or offers an exhibit into evidence,

and a lawyer on the other side thinks that is not permitted by

the rules of evidence, that lawyer may object, say "objection."

If I overrule the objection -- basically if I say "overruled,"

that means the question may be answered or the exhibit may be

received. But if I sustain an objection, by saying

"sustained," then the question cannot be answered or the

exhibit cannot and will not be received. Whenever I sustain an

objection to a question, you must ignore the question and must

not guess what the answer might have been.

Sometimes, as I said, I may order stricken from the

record and that you disregard or ignore that evidence. That

means that when you are deciding the case, you must not

consider evidence that I instructed you to disregard.

Now, in deciding the facts in this case, really in

any case, a jury -- you -- may have to decide which testimony

to believe and which testimony not to believe. You may believe

everything a witness says, part of it, or none of it.

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Proof of a fact does not necessarily depend on how

many or the number of witnesses who testify about it. In

considering the testimony of any witness, you may take into

account the opportunity and ability of the witness to see and

hear and know the things testified to; the witness's memory,

the witness's manner while testify; the witness's interest in

the outcome of the case, if any; the witness's bias or

prejudice, if any; whether other evidence contradicted the

witness's testimony; the reasonableness of the witness's

testimony, in light of all of the evidence; and any other

factors that bear on believability. The weight of the evidence

as to a fact does not necessarily depend on the number of

witnesses who testify about it.

Let me now say a few words about your conduct as

jurors. First, keep an open mind throughout the trial. Do not

decide what the verdict should be until you and your fellow

jurors have completed your deliberations at the end of the

case.

Second, because you must decide this case based only

on the evidence received in the case and on my instructions on

the law that applies, you must not be exposed to any other

information about the case or the issues it involves during the

course of your jury duty.

Thus, until the end of the case or until I instruct

you otherwise, do not communicate with anyone in any way and do

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not let anyone else communicate with you in any way about the

merits of the case or anything to do with it.

Now, let me clarify one thing. You may very well

have to tell family members, employers, co-workers, and others

where are you going to be for the next couple of days,

including until Monday. That's fine. Tell them that you have

been selected as a juror in a trial. That is totally fine.

Tell them that the trial may be over by Friday, but

it might not be over until Monday. Feel free to tell them that

it might not be over until Monday, and you are going to be in

court, except for today, you are going to be in court from

9:00 to 5:00 on Thursday, Friday, and even Monday. You're

welcome to tell them that.

Do not tell them what the case is about. Do not even

tell them that it is a civil case versus a criminal case. Do

not tell them any of the names of the parties involved. Do not

even tell anyone even what the issues are involved. Don't

mention things like the TCPA. Don't tell anyone what the case

is about. Frankly, they may ask you, and here is what you are

welcome to tell them to do: Tell them that there is really

mean federal judge that has ordered you not to talk about the

case.

Let me tell you why. If you just happen to mention

what the case is about, you may get a response that brings in

things that you shouldn't be considering into your decision.

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They may say something to you -- whether it be about the

parties or about the issues or anything about the law that is

inappropriate for you to consider. So just simply say, "I'm

sorry. I can't talk about the case. All I can tell you is I'm

going to be a juror in a case. I can't tell you a thing about

it until it is over." 

If you want to add, "When it is over, I will tell you

everything," if you want to. When the case is over, it is your

choice. You can tell anybody anything you want, or nothing.

But until you have been discharged at the end of this case,

don't tell anybody anything and feel free to say that the judge

has ordered it.

Also, that means don't discuss the case in person, in

writing, by phone, electronic means, by email, text messaging,

Internet chat room, blog, website, YouTube, or any other

feature. If you want to blog about this case when this case is

over, you do so to your heart's content. You do whatever you

want to. You don't have to. But not while the case is going

on. We don't want anyone seeing your views and your thoughts

while the case is going on, and we don't want anybody

responding and telling you any information about these issues.

This also, by the way, applies to communicating with

your fellow jurors. You can get to know one another socially

if you want; most jurors do. But don't start talking about the

merits of the case. Don't start talking about the issues in

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the case until it is finally in your hands for deliberation.

By the way, if anyone does start telling you anything

about the case, even if you find out that one of your co-jurors

has told you something that they've learned about this case

from the outside, I need to know that. So tell me as soon as

possible; tell Mary.

Some of you may have cell phones or smartphones,

iPhones, laptops, notebooks, netbooks, other portable computers

or other tools of technology that allow you to access the

Internet and communicate with others. If you need to do that

for your non-related court purposes, not while in court

listening to testimony, that's fine. I'm not going to disrupt

your life more than we absolutely have to, but say absolutely

nothing about this trial or any of the issues. Don't do any

research; don't look anything up.

All right. Enough about that.

By the way, if you do pass any of the lawyers or the

parties or a witness in the hallway or in the elevator or in a

restroom, I'm instructing them not to communicate with you.

I'm instructing you not to communicate with them. So nobody is

going to be rude to the other if you just like walk right by

and don't even acknowledge them. Don't say hello; don't say

good morning. I'm telling them the same thing. That's not

being rude. That's keeping everything separated.

All right. Because you will receive all of the

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evidence and legal instructions that you properly may consider

to return a verdict, do not read, watch, or listen to any news

or media accounts or commentary about this case or anything to

do with it. Do not do any research, such as consulting

dictionaries, searching the Internet, or using any other

reference materials online or off line. Don't make any

investigation in any way about this case -- about the facts or

the law -- nothing -- or the parties. Nothing.

The law requires these restrictions to ensure that

the parties receive a fair trial based on the same evidence

that each party has had an opportunity to address and respond

to. A juror who violates these restrictions jeopardizes the

fairness of these proceedings, a mistrial could result, and

that might require the entire trial process would have to start

over from the beginning.

As I mentioned, if any juror is exposed to any

outside information, please notify the Court immediately. I

don't expect there will be news media or commentary about this

case while the trial is going on. If there is, you must ignore

it. If you happen to hear something on the radio or something

on the television or a newspaper that has anything to do with

this case or these issues, ignore it. Walk to another room.

If you are by yourself, you can turn it off. If you are with

somebody else, just walk to another room, or just don't listen

to it. Don't comment on it. This case must be decided by you

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solely and exclusively on the evidence received in the case and

my instructions on the law

Now, during deliberations you will have to make your

decision based on what you recall of the evidence. You will

not have a transcript of the trial. So I urge you to pay

attention to the testimony as it is given. By the way, if at

any time you cannot hear the testimony or see the evidence, or

if you can't hear what some witness is making a statement that

they are making to you, just raise your hand and tell me what's

going on, and we will correct the problem.

You may, if you wish, take notes. Tomorrow morning

Mary will pass out notebooks and pens and pencils to you, if

you want. If you take notes, please keep them to yourself

until you and your fellow jurors go to the jury room to decide

the case. Do not let note-taking distract you. When you leave

for the day, your notes should be left in the jury room.

No one will read them. At the end of the trial you will be

welcome to take home your notes, or you may leave them here, if

you want, and we will shred them for you, whatever you want.

But while the trial is going on, just leave them in the jury

room.

Whether or not you take notes, you should rely on

your memory of the evidence. Notes are only to assist your

memory, and you should not be overly influenced by your notes

or those of your fellow jurors. By the way, I do allow you to

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ask questions in writing, if you really want to. I would like

to keep it to a minimum so we can keep things moving. But if

there is something that you really think you must know, feel

free to write it out on your notebook, sign your name to it,

give it to Mary, she will give it to me, and I'll discuss it

with the lawyers. If we can answer it -- if we can get the

answer, we will. If we can't, I'll explain that to you.

From time to time during the trial it may become

necessary for me to talk with the attorneys outside the hearing

of the jury, either by having a conference just to the side of

the bench with the jury still in the courtroom, or sometimes by

me asking you to go to the jury room. I really do try to keep

that to a minimum so we can respect your time and make the

maximum efficient use of your time. But if I do ask you to go

to the jury room, please understand we are working.

The purpose of those conferences is not to keep

relevant information from you, but simply to decide how certain

evidence must be treated under the rules of evidence and to

avoid confusion and error. I will do what I can to keep the

number and length of those conferences to a minimum, and,

frankly, even if an attorney asks for a conference, I may not

grant it. I may tell that attorney to move on to another topic

and save our discussion for our next break, and so I'll work

with the attorneys during the break so as not to interfere with

your time or really to make maximum, efficient use of your

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time. Please do not consider my granting or denying a request

for a conference as any indication of my opinion of the case or

what your verdict should be. As I said at the beginning,

that's your decision.

Now, the trial will proceed in the following way:

Tomorrow morning each side will make an opening statement. An

opening statement is not evidence. It is simply an outline to

help you understand what the party expects the evidence at

trial will show.

After the opening statements, the plaintiff's lawyers

will call a witness to testify either in person or by reading

from a deposition. When a person is called, the witness will

be questioned first by the plaintiff's counsel under what is

called direct examination. After the direct examination of a

witness is completed, counsel for the defendant, the other

side, may then question that witness. That's

cross-examination. When cross-examination by a witness is

done, I'll allow the plaintiff's lawyer to ask some additional

questions. That's called redirect examination. Then I'll

allow the defense lawyer, the other side, to ask some

additional questions. That's called recross.

By the way, if a deposition excerpt is read to you,

the plaintiff may read to you some questions and answers,

followed by the defendant reading to you some questions and

answers, and I think we will keep the same reader there for

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continuity.

All right. After the plaintiff has presented all her

witnesses, the defendant will be allowed to call some

witnesses, if the defendant wants to do so. After the

defendant calls a witness, that person will be examined and

cross-examined in the same manner that I've just described,

although then the defendant begins the questions, and the

plaintiff does the cross-examination.

You should keep an open mind throughout the entire

trial. After all of the evidence has been presented, I'll give

each of you a written copy of the final jury instructions on

the law that applies. I will give each of you a written copy

of the verdict form, a form that has the questions that you

will need to answer. Then after that, you will go to the jury

room to deliberate on your verdict, to discuss the case with

each other, and to answer the questions that will be presented

to you on the verdict form.

In a few moments I'm going to excuse you to go back

to the jury room with Mary. Then you will be excused for the

rest of the day. Please be back in the jury room well before

9:00 a.m. I would like to start in court at 9:00 a.m. sharp

tomorrow morning. If you want to get here early, ask Mary how

early she gets in. She will show you how to get access to the

building. If you want to get in here plenty early and sit and

relax, that's fine. You can do it in the jury room. Please

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ensure that you are ready so we can bring all eight of you into

the courtroom at 9:00 a.m. tomorrow.

Mary is going to pass out in the jury room some juror

buttons. That serves a couple of purposes. No. 1, when you

are in the building, it tells everybody in the building,

including potential witnesses in this case, that you are a

juror. Therefore, stay away from the person. Don't talk about

a pending case, a pending trial when a juror is nearby.

Also, sometimes there is a line in security at the

front of the building; sometimes there is not. When you wear

your juror button, and I recommend you put it on maybe about a

block away from the courthouse, as you are walking toward the

courthouse. At least have it on in the courthouse.

If you put it on about a block or so when you are

walking into the building, if there is a line at the security

desk on the first floor, you are welcome to go to the front of

the line. It is not rude. It is something that we allow all

of our jurors to do. Just tell the marshals that are operating

security down there that you are a juror in Judge Simon's

courtroom, and he said you could come to the front of the line

if you are wearing your juror button. It doesn't apply to

lawyers. It applies to jurors. So you will have that.

Also, you are going to be in a secure area back there

in the jury room. It is not like this public area. So if you

want to leave your property back there during trial, you go

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Preliminary Instructions

ahead and do that. Mary is going to give you key cards and

show you how to work them so that you can come and go back into

that secured area. Those are for your use during the trial.

No. 1, do not lose them. No. 2, please return them at the end

of the trial. And No. 3, don't give them to anybody else.

All right. Anything else I should cover at this

time?

Anything else from plaintiff I should cover with our

jurors at this time?

MR. DOVEL: Nothing from the plaintiff, Your Honor.

THE COURT: From defendant?

MR. O'NEAL: Nothing from the defendant, Judge.

THE COURT: All right. Thank you all so much for

being here. We will start at 9:00 a.m. sharp tomorrow with

opening statements.

(Open court; jury not present:)

THE COURT: May I ask somebody to close the back

doors, please. Both sets.

We are here without our jury. One of the things that

I really need to know is what's the data set on which 36C is

based and when was that made available to the defendant. I

also need a better feel of how much time it will take for the

defendant to check the numbers that were just made available on

36C against that data set. 

So probably the best way to proceed is to call up

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Preliminary Instructions

Mr. Davis here and let defendant ask him some questions, if you

want to do that.

Does anybody want to proceed in any other fashion?

MR. DOVEL: I think that makes sense.

MR. O'NEAL: Judge, one thing. We might be able to

learn some of this stuff just by stipulation without asking the

witness some questions.

THE COURT: All right. You're welcome to ask

counsel. If counsel is willing to give you an answer on the

record, that will be fine.

MR. O'NEAL: Is it true --

THE COURT: Sit down and speak into the microphone.

MR. O'NEAL: Sure. 

Was the phone list that was used to distinguish

between mobile and landline telephones provided to us last

night around 10:00, 10:30?

MR. DOVEL: Yes, that's right.

MR. O'NEAL: Good enough for us right now.

THE COURT: And was that a subset of a larger list

that was provided earlier? What is it?

MR. DOVEL: Well, Your Honor, what we did was, it was

all from the defendant's contact list that we started with

months ago. What we did last night was go to a public database

to see which of those numbers were mobile numbers. We provided

that list to defendants last night. That's what's we provided.

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So the data itself is the data that we obtained from defendants

months ago.

THE COURT: Which public database did you consult

last night?

MR. DOVEL: It is called SearchBug.

THE COURT: That's to identify whether a telephone

number is mobile or not mobile?

MR. DOVEL: That's right, Your Honor.

THE COURT: All right. If the defendant wants to ask

questions of Mr. Davis, we will get Mr. Davis up here. I

assume you do.

MR. FOSTER: Yes. Of course, Your Honor.

THE COURT: Mr. Davis, since Mary is not here, I will

do it the old-fashioned way.

(The witness was duly sworn.)

THE COURT: Take a seat in the witness stand and for

the record give us your full name whenever you are ready.

THE WITNESS: My full name is Shawn Davis.

THE COURT: Mr. Foster, you may examine.

DIRECT EXAMINATION 

BY MR. FOSTER: 

Q Good afternoon. My name is Zac Foster. I am one of the

attorneys for ViSalus. I am going to ask you a few questions

about the exhibits we got --

THE COURT: Mr. Foster, I know we are on a little bit

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of a time crunch, but speak slowly. I want a good clean

record.

MR. FOSTER: Thank you, Your Honor.

BY MR. FOSTER: 

Q I apologize if I ask some basic questions, but I only got

this document last night, and I would like to know what I'm

looking at. Specifically I'm looking at the Excel spreadsheet

labeled Exhibit 64.

Are you aware of that spreadsheet?

A Is that the SearchBug results?

Q I don't know. I'll describe it for you. Column A says

Phone Number; column B says Line Type; column C says OCN;

column D says Carrier; column E says Location; column F says

State; column G says Time Zone. There are about 850,000

horizontal lines included in that data set. Does that sound

like -- does that -- I forgot -- what's the name of the company

you use to search?

A SearchBug.

Q Just to clarify, Mr. Davis, you work for Edelson, PC; is

that correct?

A Correct.

Q You don't work for SearchBug?

A Correct.

Q From what I understand, and I have never taken your

deposition, so please correct me if I'm wrong. You are an IT

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specialist for Edelson, correct?

A Correct.

Q What are your job duties at Edelson?

A At Edelson I'm director of digital forensics. So I

essentially lead a technical team that ends up consulting on

the cases. We test various products, look at mobile apps,

websites for security and privacy issues.

Q You wouldn't describe yourself as a telephone specialist?

A Repeat that?

Q You wouldn't describe yourself as a telephone specialist,

would you?

A I've had familiarity with these types of cases. Could you

rephrase that?

Q You don't work for a phone company?

A Correct.

Q You don't work for Experian?

A Correct.

Q You don't work for any other database company, do you?

A Correct.

Q You don't work for the company that spits out this data

that I'm looking at in Exhibit 64, do you?

A I do not.

Q So I think I understand what you did. You took the KCC

class list; is that correct?

A For this one, I didn't rely on the KCC class list. It

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came directly from all of the phone calls from the

spreadsheets.

Q You took all of the phone calls from the spreadsheets and

plugged them into a database, correct?

A Correct.

Q And it spits out this Excel spreadsheet?

A Yes. Just to clarify -- just to make it a little simpler,

instead of taking all of the calls, I de-duplicated the

numbers, so I took the unique numbers and uploaded them to

SearchBug.

Q You de-duped the underlying database -- that's the

underlying database you provided to us with 4.15 million

telephone numbers?

A I'm not sure which one you received.

Q Are there different versions of that database that you

created? For instance, I've been getting multiple summaries.

Every time I get a summary, the final number changes; the total

number of calls. Is that -- have you been running -- have you

been creating subsequent databases to create the summaries?

A Correct.

Q And the only summary I have is the one I received back in

January of this year with the 4.15 million telephone numbers

listed. Are there additional databases that have been created

and that were relied on for these summaries?

A Correct.

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Q Okay. If I only have the one in January, I don't have

those; is that correct?

A That's correct.

Q And so when you put in the de-duped numbers from databases

I don't have into a database you don't work for, it spits out

the Excel spreadsheet; is that correct?

A I did --

Q Okay. Let's run through the Excel spreadsheet. Column A,

Phone Number. What are those?

A So that is essentially the unique phone numbers that were

uploaded.

Q What is Line Type?

A Line Type is the type of phone number. It is either a

cellular phone number, a landline telephone, a toll-free

number, or an unknown number.

Q What's an unknown number?

A "Unknown" would mean that SearchBug was not able to get

the results from the carrier.

Q Why wasn't SearchBug able to get the results from the

carrier?

A I'm not sure.

Q Because you don't work for SearchBug?

A Correct.

THE COURT: Mr. Foster, you will have to speak more

slowly, if you want an accurate record, which I do.

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MR. FOSTER: Thank you, Your Honor.

BY MR. FOSTER: 

Q What does "OCN" stand for in column C?

A I believe it stands for Original Company Number. I may be

mistaken. I know what it stands for in terms of it's a unique

value that identifies the carrier or a telecommunications

company.

Q Do you know what it stands for because you read it

somewhere else in a database's explanation? How do you know

that?

A I have looked it up in the past.

Q And then what's the time zone?

A Time zone would be the time zone of the number.

Q Okay. So if I understand, this database told you whether

it was a cell phone, a landline, toll-free or database or

didn't know what it was, correct?

A Correct.

Q As of what date?

A Can you rephrase the question?

Q Is it a cell phone as of when you ran it, or did you go

back and say this was the cell phone back in 2015?

A It was as of when I ran it. So they've essentially pulled

that data for whatever month when you ran it.

Q So that would be March 2019?

A Correct.

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Q And you understand that this class deals with calls

from -- being generous -- 2013 to the end of 2015?

A Yes.

Q So what is the status of the number -- either a landline

or a cell phone -- help us at all in this case today?

A So -- can you rephrase that?

Q One issue in this case is whether a number is a cell phone

or a landline telephone. You have given us a list of whether a

number is a cell phone or a landline telephone as of last

month. You would agree with me that numbers change from cell

phone to landline telephone, would you not?

A They do occasionally.

Q Numbers are reassigned. Some numbers become active; they

become inactive; is that correct?

A That would be correct.

Q So if the numbers have potentially changed, what have you

done to ensure that this list has anything to do with the class

calls?

A I have not been able to find any sort of database that

goes back to that point in time.

Q Okay. Correct me if I'm wrong, when did you do this

analysis? When did you do this analysis?

A Yesterday.

THE COURT: Let me interrupt one second. Why didn't

you do it a month ago?

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S. Davis - Exam by the Court

THE WITNESS: I was just asked to do it recently

after the pretrial conference.

THE COURT: You may proceed.

MR. FOSTER: Your Honor, I could continue to poke

holes in this, but I think the record is clear at this point.

The document is hearsay. It is highly prejudicial. It was

dumped on us last night. I've had only a few hours. I have

been scrambling to put it together and to understand the bases

of the spreadsheet. He didn't create. It was dropped on us at

last minute. It is hearsay. It should not come in. The

summary, 36C, if I understand correctly, is based off of

Exhibit 64, which is hearsay. And you can't have a summary

based off of inadmissible evidence.

THE COURT: By the way, I don't think I have been

given a copy of 64. Have I been?

MR. DOVEL: Your Honor, that's the electronic one

that we will have to provide electronically. It is an

electronic spreadsheet.

MR. FOSTER: I have a copy right here on my laptop,

Your Honor --

THE COURT: No. I just wanted to make sure I didn't

lose something that has not given to me.

Here is I would like to do: I would to let you ask

whatever remaining questions you have, if you want to, of

Mr. Davis. If plaintiff wants to ask him any questions now,

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S. Davis - Exam by the Court

they are welcome to.

What I understand as the motion on the table is to

exclude the summary, 36C, and to exclude what has been

identified as the electronic spreadsheet, 64, correct?

MR. FOSTER: Your Honor, I would also ask that we

exclude 36A and 36B, for the sole purpose, again, those were

produced -- I think 36A was produced Sunday, and then 36B was

produced Tuesday morning. I think if they are going to use a

summary, and I intend to cross Mr. Davis on the original

summary they marked in their exhibit book. I'm more than happy

to go over that, Your Honor, but I don't think they can

continue to change their summary, and I'll tell you why,

Your Honor.

As Mr. Davis said, those final numbers in 36A and 36B

have been changing. They have been changing because they are

based on different underlying databases. Mr. Davis and the

Edelson firm provided us the original underlying database,

which I have been doing for analysis for his cross. That's the

only database I have, and that's all they've turned over.

THE COURT: And when did you get that database?

MR. FOSTER: Back in January 2019, Your Honor, as

part of the pretrial disclosures. There are additional

databases on which Exhibits 36A and 36B have been created. And

I don't have those, and I can't cross.

THE COURT: Hold on. The database that you got that

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underlies 36, you received in January 2019, correct?

MR. FOSTER: Correct.

THE COURT: When did you receive 36A and 36B?

MR. FOSTER: I received 36A, I believe, Sunday,

Your Honor.

THE COURT: Okay. And 36B?

MR. FOSTER: Tuesday morning.

THE COURT: And when did you receive the databases on

which 36A and B were based?

MR. FOSTER: I never received them, Your Honor.

That's why I was questioning Mr. Davis on this.

THE COURT: Did you ask Mr. Davis on what databases

36A and B were prepared?

MR. FOSTER: I believe so. I believe Mr. Davis

explained to me, and I will let Mr. Davis explain again, that

the summary, 36A, has less numbers -- 

BY MR. FOSTER: 

Q The total number of numbers called in 36A and B are

different than the original 36; is that correct?

A That's correct.

Q And that's because it is a summary of the database that

you used; is that correct? You used a program to count the

unique entries in that database and spit out a final number; is

that correct?

A Can you rephrase that?

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S. Davis - Exam by the Court

THE COURT: Let me ask this, Mr. Davis: What's the

difference between Exhibit 36 that was provided to the Court

and to defendants a number of weeks ago and 36A and B? What's

the difference between 36, on the one hand, and 36A? Let's

start with that.

What's the difference?

THE WITNESS: Sure. So 36 was based off of all the

defendant's spreadsheets by basically turning those into a

master. So then to spit out 36, I ran all of the calls against

the KCC class list; only the numbers that were either in the

phone number one or phone number two column. So that's what

that was.

So then with 36A, that's where I ended up running all

of the calls against KCC phone number one, and then I ended up

removing business names.

THE COURT: 36A is basically 36 minus business names?

THE WITNESS: And minus phone two.

THE COURT: What?

THE WITNESS: So let me explain that a little bit.

So the defendant's records had a phone number one column and

then they had a phone number two column. When I did the

analysis for 36, I essentially matched against both of those,

but then later on I realized -- well, I asked counsel if there

was any evidence that the defendant had called both of those

numbers since we are kind of considering a row to be a call.

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And since I didn't hear anything to indicate that, that's why

on 36A I only matched against phone number one.

THE COURT: What's 36B? How is that different from

either 36 or 36A?

THE WITNESS: So 36B, I didn't match against the KCC

class list at all. So what I essentially did was I had all of

the calls. I had my master list of all of the calls. Then I

used a program which essentially checked all of the phone

numbers to see if they were U.S., if they were invalid, if they

were from another country.

So what I did was I made it so that only the U.S.

numbers remained. I got rid of other country numbers. I got

rid of invalid numbers, and it checked those by the area code

and the prefix. Then I again removed businesses by first name

and last name.

THE COURT: What was the name of the program that you

used for 36B to narrow it down to only U.S. numbers?

THE WITNESS: It was a program based off of a Google

service.

THE COURT: How should I refer to it as? What do you

refer to it as?

THE WITNESS: The Google checker; Google phone number

parser may be more technical.

THE COURT: Has that program that you used to create

36B been provided to defendant?

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THE WITNESS: It has not.

THE COURT: Do you know why not?

THE WITNESS: I'm not aware.

THE COURT: Now, 36A, which is the original 36

matched against the KCC class list and taking out business

names and phone number two, why wasn't that done at the time

that 36 was created?

THE WITNESS: I was told later that the businesses

could be an issue, so that's why that was created later.

THE COURT: When were you told that?

THE WITNESS: It might have been the 6th.

THE COURT: Of April?

THE WITNESS: Uh-huh.

THE COURT: That's a yes?

THE WITNESS: Yes.

THE COURT: All right. What I would like to do is

give both sides an opportunity to make written argument. We

have a motion to exclude by the defendant 36A, B and C; am I

correct?

MR. FOSTER: That's correct, Your Honor.

THE COURT: I would like to see by 9:00 p.m.

tonight -- you're welcome to file any further written argument.

You don't have to, by the way. You're welcome to. 36A, B, and

C, why those should be excluded. Give me specifics and

preferably some case law and/or analysis under Rule 1006.

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On second thought, I am going to make it earlier.

Make it 7:00 p.m. Plaintiff can respond by midnight on that.

I will read everything, and then I think we should get back and

let you have any final oral argument, and I will give you my

ruling on 36A, B, and C tomorrow morning.

MR. DOVEL: While we have him here, I would like to

ask a couple of questions to clarify a couple of things.

THE COURT: That's fine. I'll give you my ruling in

the morning, and I think probably we should get together at

8:15 tomorrow. Okay. I want to make sure we have time for

this. I will let you ask questions of Mr. Davis in a few

moments, but I'll share with you what my concerns are. You are

welcome to argue and respond any way you want.

Under Rule 1006, the issues on summary exhibits

primarily relate to a number of factors, including are the

underlying documents that underlie those summaries admissible?

Now, I'm going to assume that any database that came

from defendant is a business record and is admissible. But to

the extent that there is other programs that play a role in

deciding what ends up in this summary, the parties can address

and talk to you about the significance of that.

But if all of the documents that support a summary

are admissible, then the question primarily comes to: Was

adequate notice given to the other side -- this is a summary --

so that they can check it? That's what I'm primarily hearing

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from Mr. Foster as the argument of defendant; that they didn't

have adequate time to check this, in addition to your argument

about the underlying admissibility.

Some courts -- and courts are split on the question

of, if there are inaccuracies in the summary, does that affect

their admissibility under 1006? Some courts say yes; other

courts basically say, "No, as long as the underlying

documents" -- by the way, there is a threshold assumption that

the underlying records are voluminous. That's satisfied here.

I don't need argument on that. These are voluminous records.

If there is voluminous records and all of the records

have been produced to the other side and are adequately

presented --

Mary, you can tell Paul he can come in if he wants.

If all of the records have been adequately presented

to the other side in sufficient time for them to do their

summary, then any challenges to the accuracy of a Rule 1006

summary, I think, generally is for the jury to decide. Maybe

if the summary is so inaccurate, it should be excluded under

403, but that's a different issue. Generally I think it is for

a jury question, the accuracy of a summary.

The primary concern here is, are these summaries

generated using documents that would otherwise not be

admissible? And more significantly, were they generated in

such a fashion that would not fairly give the defendant time to

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determine whether they are accurate or not and to prepare for

cross-examination? There have been cases where courts have

said giving voluminous records to the other side three months

in advance? More than enough time. 30 days? More than enough

time, even if it is voluminous.

Here, we have 36A, B, and C that have been provided

to the defendant essentially three days before trial, one day

before trial; frankly, the night before trial. So that's what

I think you all should focus your arguments on. I will take

the defendant's brief filed electronically filed by 7:00 p.m.

tonight, the plaintiff's response by midnight tonight, and we

will talk about it more at 8:15 before the jury comes in at

9:00.

Mr. Dovel, I would really like to leave soon, but if

there are a few questions you must ask of this witness, you are

welcome to do so.

MR. DOVEL: I will do it very brief.

THE COURT: But don't speak quickly.

CROSS-EXAMINATION 

BY MR. DOVEL: 

Q Mr. Davis, were each of these summaries based on/prepared

from the same master list of phone calls that you compiled from

the defendant's records?

A That's correct.

Q So when you said there was a different database, you were

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referring to your process of doing the calculation, but the

underlying data was exactly the same for each of them?

A That's correct.

Q Was that the data that was received from the defendants in

that master list that you prepared and was provided to the

defendants back in January?

A I'm not sure what they received, but I'm assuming so, yes.

Q And that's true for all of 36, 36A, B, and C, right?

A Yeah. They are all based off of the original spreadsheets

from the contact list.

Q Now, with respect to cell phones, what's your

understanding about the relationship between a cell phone today

and what it was two years ago? You said they could be the

same. But are they generally -- if something is part of a cell

phone block, was it a cell phone block over the past few years

as well?

MR. FOSTER: Objection. Foundation.

THE COURT: Overruled.

THE WITNESS: Generally if it is a cell phone, it

will continue to be a cell phone. You can do porting with a

number. It seems rare that someone would port a cell phone

number to a landline.

THE COURT: And what do you base that knowledge on?

THE WITNESS: Just based off of looking at porting

histories in other cases.

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Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 131 of 160
 132

 

MR. DOVEL: No further questions, Your Honor.

THE COURT: All right. Any follow-up that you need

to do, Mr. Foster?

MR. FOSTER: No, Your Honor.

THE COURT: All right. Thank you, Mr. Davis.

All right. I look forward to reading your written

materials early tomorrow morning. I will see you at 8:15. We

will bring the jury in at 9:00, and we will do opening

statements at 9:00.

MR. O'NEAL: A quick question: Could I have counsel

let me know who they are calling tomorrow? Then also, I don't

think we have their revised deposition designations.

MR. DOVEL: Yes. We will get those to you this

afternoon. Our first witness will be Lance Eves?

MR. O'NEAL: Yes.

MR. DOVEL: And the second witness will give you

Ms. Wakefield. We will give you the complete list tonight.

Those will be the first two.

THE COURT: All right. Thank you. We will be in

recess until 8:15 tomorrow morning.

(Recess.)

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Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 132 of 160
 133

 

 --oOo-- 

I certify, by signing below, that the foregoing is a

correct transcript of the record of proceedings in the

above-entitled cause. A transcript without an original

signature, conformed signature, or digitally signed signature

is not certified.

/s/ Dennis W. Apodaca May 15, 2019 

DENNIS W. APODACA, RDR, RMR, FCRR, CRR DATE 

Official Court Reporter 

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Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 133 of 160
 BY MR. DOVEL: [1] 130/19

 BY MR. FOSTER: [4] 115/20 116/3 120/1 124/16

 JUROR: [151] 

 JURY PANEL: [1] 65/11

 MR. ADAMS: [1] 4/10

 MR. DOVEL: [75] 4/16 5/4 5/10 5/18 5/21 6/9 6/21 7/1 7/6 13/2

 13/12 14/1 14/5 14/7 63/17 63/23 64/4 65/9 65/12 65/21 65/25

 66/17 67/1 67/7 67/11 67/23 68/6 68/14 68/16 68/20 68/23 69/4

 69/10 69/12 69/23 70/2 70/7 70/13 70/21 71/7 71/11 71/20

 71/22 72/8 72/13 72/25 73/7 73/12 73/20 74/2 74/9 74/14 74/20

 74/24 75/2 75/8 75/11 75/14 75/18 76/4 76/18 86/2 88/12 113/9

 114/3 114/16 114/20 115/4 115/7 122/15 128/5 130/16 131/25

 132/12 132/15

 MR. FOSTER: [21] 4/22 7/9 8/7 8/24 9/4 9/9 115/11 116/2

 119/25 122/3 122/18 123/4 123/20 124/1 124/3 124/6 124/9

 124/13 127/19 131/16 132/3

 MR. FRANZINI: [2] 4/8 6/2

 MR. JACOBSON: [5] 4/14 85/2 86/18 86/25 87/12

 MR. O'NEAL: [42] 4/20 5/3 14/17 14/24 63/21 64/7 64/10 64/14

 66/15 70/19 71/9 77/12 77/14 77/17 77/21 77/24 78/2 78/8

 78/21 79/6 79/14 80/5 80/24 81/14 82/6 82/9 82/20 82/24 85/4

 86/6 86/13 86/22 87/5 87/16 88/14 113/11 114/4 114/10 114/12

 114/17 132/9 132/14

 MR. PYLE: [1] 4/24

 MS. HOUGH: [1] 4/12

 THE CLERK: [8] 4/3 10/9 18/22 18/25 88/3 89/13 89/19 90/2

 THE COURT: [215] 

 THE WITNESS: [16] 115/17 121/25 125/6 125/16 125/18 126/4

 126/17 126/21 126/25 127/2 127/7 127/10 127/12 127/14

 131/18 131/23

$

$6 [1] 7/22

'

'68 [1] 60/21

'68-'70 [1] 60/21

'70 [1] 60/21

'80s [3] 34/18 34/18 35/2

'94 [1] 58/6

-

--oOo [1] 133/4

/

/s [1] 133/11

1

1,790 [1] 6/19

1,816 [1] 6/18

10 [7] 1/6 3/3 4/1 55/9 66/2 87/2 87/3

100 [1] 2/7

1000 [1] 2/23

1006 [4] 127/25 128/14 129/6 129/17

101 [1] 2/14

104 [2] 3/6 63/12

10:00 [1] 114/16

10:30 [4] 7/11 8/8 8/11 114/16

10:45 now [1] 63/6

11 [3] 55/8 87/13 87/14

111 [1] 2/17

115 [1] 3/7

11:00 [1] 64/14

11:00 on [1] 63/1

12 [2] 51/2 86/24

123 [1] 2/7

13 [3] 16/9 53/18 87/18

130 [1] 3/7

14 [9] 10/3 18/5 18/11 46/21 85/9 85/9 85/14 85/16 86/11

15 [17] 26/20 29/12 29/14 51/2 62/2 62/4 66/2 77/14 84/5 84/6

 84/9 84/18 84/19 85/7 86/20 86/21 133/11

15-1857-SI [1] 4/5

15-minute [1] 64/2

16 [23] 10/2 18/13 18/14 18/15 18/16 18/19 19/19 20/23 21/13

 24/9 26/1 26/23 28/15 30/7 33/15 35/17 53/18 55/8 62/9 85/12

 85/15 86/8 86/10

1607 [1] 16/4

17 [2] 40/23 55/9

1776 [1] 16/7

18 [1] 33/22

1985 [1] 58/4

1995 [1] 58/6

1:00 today [1] 63/8

2

20 [3] 29/12 29/14 51/8

20-minute [1] 62/25

201 [1] 2/5

2013 [1] 121/2

2015 [2] 120/21 121/2

2016 [1] 52/2

2019 [6] 1/6 4/1 120/24 123/21 124/1 133/11

21 [2] 55/8 56/16

23 [1] 55/9

24 [1] 51/19

25 [1] 49/24

26 [2] 6/21 49/24

27 [1] 49/23

29 [1] 60/8

3

30 [3] 49/22 54/2 130/4

30-some [1] 29/8

301 [1] 2/23

31 [1] 61/6

32 [2] 60/7 61/8

326-8182 [1] 2/24

33 [1] 52/23

33602 [1] 2/14

3400 [2] 2/14 2/17

35 [1] 50/6

36 [14] 7/13 8/13 124/1 124/19 125/2 125/4 125/7 125/9 125/16

 125/22 126/4 127/4 127/7 131/8

36A [29] 5/20 6/7 6/8 6/13 6/17 7/9 7/15 123/6 123/7 123/14

 123/23 124/3 124/4 124/9 124/13 124/16 124/18 125/3 125/4

 125/13 125/16 126/2 126/4 127/4 127/18 127/23 128/5 130/6

 131/8

36A-2 [1] 6/17

36B [17] 5/21 5/22 5/25 6/3 6/9 6/10 7/20 123/6 123/7 123/14

 123/23 124/3 124/6 126/3 126/5 126/17 126/25

36B-2 [1] 6/18

36C [13] 5/12 5/15 6/1 6/6 7/6 7/8 7/10 7/22 8/7 113/20 113/24

 122/11 123/3

3:15-cv-01857-SI [1] 1/5

4

4 million [1] 7/13

4.1 [1] 8/15

4.1 million [1] 8/16

4.15 [1] 118/12

4.15 million [1] 118/22

40 [2] 33/21 54/11

403 [1] 129/20

40s [1] 60/20

41 [2] 54/13 55/7

43 [1] 55/5

47 [1] 55/24

49 [1] 51/1

4th [1] 16/7

5

503 [1] 2/24

52 [1] 52/23

54 [1] 52/21

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 134 of 160
5

55 [1] 53/16

57 [1] 49/21

58 [1] 49/19

5:00 [3] 24/3 24/4 29/15

5:00 on [1] 104/12

6

60 [1] 58/2

600 [1] 2/5

62 [1] 60/6

63 [1] 59/12

64 [7] 5/12 8/9 116/8 117/21 122/12 122/15 123/4

69 [1] 60/19

6th [1] 127/11

7

7:00 [1] 128/2

7:00 p.m [1] 130/10

8

8,000 [2] 6/8 7/16

800,000 [2] 70/17 73/5

8182 [1] 2/24

82nd [1] 57/18

850,000 [2] 8/2 116/14

85004 [1] 2/11

8:00 a.m [1] 63/16

8:15 [3] 130/12 132/7 132/20

8:15 tomorrow [1] 128/10

9

90 [2] 3/4 3/5

90401 [1] 2/5

94107 [1] 2/8

97204 [2] 2/17 2/23

9:00 [8] 24/2 26/8 29/11 111/21 112/2 130/13 132/8 132/9

9:00 a.m [2] 111/21 113/14

9:00 p.m [1] 127/21

9:00 to [3] 24/3 24/4 104/12

A

A-dec [1] 52/11

a.m [6] 26/8 63/16 111/21 111/21 112/2 113/14

AARP [1] 61/1

ability [2] 31/11 103/4

able [20] 5/6 24/23 27/8 27/12 30/14 32/23 33/3 48/6 72/22

 72/22 72/24 82/2 83/4 83/16 83/16 83/20 114/5 119/17 119/19

 121/19

about [147] 

above [1] 133/8

above-entitled [1] 133/8

absence [1] 93/15

absolutely [3] 78/10 106/13 106/13

accept [5] 73/19 78/14 80/13 89/3 99/3

acceptable [1] 63/21

access [3] 84/14 106/9 111/23

accommodate [1] 30/20

accommodations [1] 30/23

account [1] 103/4

accountability [1] 17/2

accountable [4] 67/9 69/7 73/24 91/19

accounts [3] 5/9 53/5 107/3

accuracy [2] 129/17 129/21

accurate [5] 19/25 21/10 76/15 119/25 130/1

accused [1] 83/18

acknowledge [1] 106/22

across [2] 82/12 82/19

act [7] 10/25 12/20 37/25 46/7 47/23 92/4 95/15

acting [1] 18/4

action [11] 11/13 12/5 39/7 39/11 39/13 39/15 70/24 73/4 92/3

 92/25 93/19

actions [5] 40/11 40/12 40/14 70/12 74/4

active [2] 59/3 121/13

actively [2] 52/13 57/3

activities [3] 51/13 55/18 56/10

actual [2] 23/25 87/23

actually [14] 36/11 43/7 44/23 45/14 45/22 46/12 47/3 67/15

 67/18 72/4 76/17 97/5 97/8 97/9

Adams [3] 2/3 4/11 13/18

add [2] 5/7 105/7

addition [8] 6/15 13/18 16/15 20/7 21/4 62/17 100/25 129/2

additional [8] 5/8 7/23 7/23 13/20 110/18 110/21 118/23 123/22

additional document [1] 7/23

address [2] 107/11 128/20

addressed [1] 6/4

adds [2] 8/15 8/15

adequate [2] 128/24 129/2

adequately [2] 129/12 129/15

administer [1] 10/5

administering [1] 9/19

administration [1] 53/2

administrative [1] 54/6

administrator [1] 17/12

admissibility [2] 129/3 129/6

admissible [4] 128/16 128/18 128/23 129/24

adult [2] 50/13 55/10

advance [1] 130/4

Adventist [2] 58/20 58/22

advisement [2] 8/24 9/8

affair [1] 73/7

affairs [1] 20/2

affect [1] 129/5

affirmatively [1] 44/21

after [17] 7/21 10/13 20/24 36/13 62/12 63/1 64/13 77/6 88/21

 88/21 110/10 110/14 111/2 111/4 111/10 111/14 122/2

afternoon [3] 29/14 115/22 132/14

again [13] 6/7 9/5 18/17 22/13 24/2 27/2 27/5 28/21 38/21 41/3

 123/6 124/15 126/14

against [12] 10/24 33/14 47/22 83/13 93/16 113/24 125/9

 125/14 125/22 126/2 126/5 127/5

Age [1] 51/19

agency [3] 47/7 47/7 47/10

agent [1] 81/4

agents [3] 12/17 22/17 93/12

ages [2] 51/2 55/8

Aging [1] 50/5

ago [19] 19/22 25/3 29/8 33/21 34/6 34/11 34/17 36/12 38/11

 38/12 39/18 41/18 42/19 47/14 114/23 115/2 121/25 125/3

 131/13

agree [11] 31/2 48/13 68/1 87/21 88/1 88/3 88/12 88/13 88/14

 88/15 121/10

agreed [4] 48/10 95/24 95/25 99/1

agreement [1] 97/17

agrees [1] 45/13

ahead [1] 113/1

Air [2] 58/14 58/15

Alameda [1] 50/25

Albany [1] 55/6

all [151] 

alleged [2] 73/18 75/4

alleges [2] 11/23 92/17

alleging [1] 47/22

allow [6] 101/2 106/9 108/25 110/18 110/20 112/17

allowed [3] 20/8 42/21 111/3

allows [2] 12/5 92/25

alluded [1] 82/22

almost [3] 36/25 41/25 65/4

Aloha [1] 55/6

along [1] 15/5

already [9] 9/18 21/20 22/1 22/2 24/12 37/14 37/24 38/2 98/13

also [42] 5/9 10/14 13/7 13/21 14/3 15/4 16/1 17/6 17/18 21/18

 22/6 29/15 35/2 39/1 39/7 40/18 41/13 51/12 56/10 58/21 59/6

 59/16 59/19 62/15 68/2 82/22 90/22 93/19 93/22 95/5 95/17

 95/21 96/11 99/1 100/14 105/13 105/22 112/9 112/23 113/22

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 135 of 160
A

also... [2] 123/5 132/11

alternates [3] 84/11 85/10 89/6

alternatively [1] 63/15

although [2] 90/13 111/7

Altman [13] 26/20 26/25 27/12 34/16 39/17 40/5 40/9 60/18

 60/19 61/4 69/14 86/19 86/21

always [3] 15/23 36/25 71/5

am [51] 6/1 9/1 9/8 9/17 25/9 25/16 30/10 39/22 49/19 51/1 51/1

 51/25 52/21 53/16 53/21 53/23 54/2 54/3 54/5 54/11 55/24

 56/16 56/16 56/19 56/23 56/25 57/8 57/19 58/7 58/21 58/22

 59/3 59/12 59/20 60/4 60/6 60/12 61/8 61/16 65/7 65/13 65/14

 76/25 84/4 85/2 85/4 90/8 115/22 115/23 127/18 128/1

Amanda [7] 26/15 26/17 46/20 54/11 81/25 88/8 89/20

amateur [1] 59/6

amazed [1] 78/16

amendments [1] 16/21

American [2] 17/7 17/22

Americans [1] 16/22

among [3] 11/2 62/16 92/5

amount [1] 59/22

analysis [5] 121/22 121/22 123/18 125/22 127/25

analyst [1] 46/25

and/or [1] 127/25

Andrew [1] 13/22

Angeles [1] 65/14

Anna [1] 10/1

Anna Deffelbach [1] 10/1

annoying [6] 66/8 66/13 68/11 73/11 75/1 79/12

another [15] 34/25 36/19 43/4 46/18 50/3 67/3 70/11 70/16

 79/11 101/13 105/23 107/22 107/24 109/22 126/10

answer [16] 19/22 20/18 21/7 22/4 32/8 32/9 40/22 48/18 74/20

 94/13 102/17 109/6 109/7 111/14 111/16 114/9

answered [3] 32/7 102/12 102/14

answers [9] 19/23 19/24 49/17 98/5 99/11 99/17 99/24 110/23

 110/25

any [186] 

anybody [41] 14/12 15/10 15/13 15/16 22/7 22/11 22/22 22/24

 22/25 35/13 35/14 35/21 39/14 40/13 41/14 43/12 44/25 45/14

 45/16 48/21 48/24 75/25 76/8 76/14 79/7 79/7 79/15 79/17

 79/21 80/12 81/8 83/4 83/7 83/9 83/12 83/20 105/9 105/11

 105/20 113/5 114/3

anyone [57] 13/6 14/22 20/2 20/16 21/21 21/24 22/2 22/2 22/6

 22/6 22/12 23/9 24/9 24/15 25/8 25/15 26/1 30/17 30/21 31/6

 31/8 33/3 33/10 34/13 35/17 36/10 37/13 37/16 37/19 37/20

 38/3 38/4 38/18 38/25 39/5 39/24 40/17 40/17 41/7 47/3 47/18

 48/4 48/6 69/3 69/13 70/9 70/23 76/5 78/18 78/20 81/4 103/25

 104/1 104/17 104/18 105/19 106/2

anything [46] 22/7 22/8 28/12 31/19 31/19 31/25 32/1 33/4 33/7

 36/1 36/1 39/20 47/8 47/8 49/2 49/3 49/4 49/8 49/10 56/19

 57/22 57/24 59/5 61/2 61/18 62/16 62/17 62/18 62/21 62/22

 69/19 83/8 90/24 101/5 104/2 105/2 105/9 105/11 106/2 106/15

 107/3 107/21 113/6 113/8 121/17 126/1

apartment [7] 42/2 42/4 42/6 42/10 42/12 43/13 44/7

Apodaca [4] 2/22 9/24 133/11 133/12

apologize [1] 116/5

Apparently [1] 8/16

appearance [1] 20/15

APPEARANCES [1] 2/1

appears [1] 16/19

applies [7] 31/5 48/17 95/21 103/21 105/22 111/12 112/22

apply [6] 91/5 95/15 95/18 95/20 95/22 112/21

appreciate [4] 72/9 73/1 74/21 75/9

appropriate [2] 32/7 32/8

approximately [1] 70/16

apps [1] 117/6

April [3] 1/6 4/1 127/12

architect [2] 47/1 54/21

architecture [1] 52/15

are [201] 

area [6] 36/7 60/20 112/23 112/24 113/3 126/13

aren't [1] 76/16

argue [2] 32/19 128/13

argument [8] 7/18 9/11 127/17 127/22 128/4 129/1 129/2

 129/10

arguments [5] 32/17 32/17 100/5 100/10 130/9

around [2] 44/23 114/16

artificial [29] 11/8 12/3 12/16 22/16 43/23 44/2 44/13 44/15

 44/21 44/24 45/1 45/5 45/10 47/25 48/5 92/9 92/23 93/11 94/3

 94/22 96/24 97/1 97/2 97/4 97/5 97/7 97/13 97/18 97/22

as [144] 

aside [1] 83/16

ask [63] 5/20 6/1 10/4 13/4 13/10 14/9 15/19 17/4 17/6 21/16

 26/13 26/15 29/6 38/13 38/14 40/11 40/16 44/5 48/25 49/15

 62/2 62/4 62/4 62/14 63/7 65/1 65/8 66/3 66/3 66/17 69/14

 70/11 71/2 72/10 74/3 75/18 79/4 80/10 81/15 84/16 85/24

 87/21 99/11 104/19 109/1 109/14 110/18 110/20 111/22 113/17

 114/1 114/8 115/9 115/23 116/5 122/23 122/25 123/5 124/12

 125/1 128/7 128/11 130/15

asked [14] 21/20 22/1 22/2 22/6 91/14 93/23 93/25 94/13 94/17

 95/10 97/25 98/1 122/1 125/23

asking [6] 6/25 18/12 19/19 20/23 109/12 114/6

asks [2] 102/8 109/21

asserting [2] 12/10 93/5

asserts [2] 11/15 92/13

assist [2] 30/19 108/23

assistant [5] 36/12 37/15 54/6 55/11 60/11

assisting [5] 9/20 10/1 13/7 13/16 14/22

associate's [3] 50/1 50/2 55/14

associated [6] 6/13 6/17 6/19 6/20 7/17 13/20

assume [3] 24/11 115/11 128/17

assuming [1] 131/7

assumption [1] 129/8

attempted [2] 46/16 69/8

attempting [1] 7/12

attended [2] 53/1 58/19

attention [5] 83/9 91/20 91/22 91/25 108/6

attitudes [2] 49/4 49/10

attorney [7] 36/13 36/15 37/3 62/3 65/7 109/21 109/22

attorneys [11] 13/8 19/19 37/8 37/10 37/10 62/1 62/6 100/15

 109/9 109/24 115/23

auction [1] 41/20

Austad [1] 9/19

authorizes [1] 97/17

autistic [1] 50/16

Auto [1] 53/7

automated [2] 46/17 77/20

available [3] 84/19 113/21 113/23

Avenue [3] 2/11 2/17 2/23

avoid [3] 12/9 93/4 109/19

avoiding [2] 58/25 59/1

award [1] 73/22

awarding [1] 73/25

aware [2] 116/9 127/3

away [4] 85/14 85/15 112/7 112/12

AZ [1] 2/11

B

B.A [2] 60/8 60/9

bachelor [1] 50/3

bachelor's [9] 51/4 51/6 52/6 52/8 53/20 54/4 56/3 61/10 61/14

back [34] 18/22 25/7 25/14 25/15 34/14 37/5 43/4 47/2 56/22

 59/20 62/1 62/12 63/1 64/16 64/18 65/6 84/6 85/17 85/20 88/20

 89/18 111/18 111/20 112/23 112/25 113/2 113/17 118/21

 120/21 120/21 121/20 123/21 128/3 131/6

background [1] 49/3

bad [4] 6/15 35/11 35/14 45/4

Balabanian [1] 13/21

base [8] 32/20 33/2 40/7 48/2 48/6 48/18 98/20 131/23

baseball [2] 51/12 55/16

based [24] 5/9 43/11 43/11 48/15 48/19 58/25 70/18 72/15 82/5

 96/5 98/6 103/19 107/10 108/4 113/21 122/11 122/13 123/16

 124/9 125/7 126/18 130/21 131/9 131/24

basement [2] 43/7 57/11

bases [1] 122/8

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 136 of 160
B

basic [2] 10/12 116/5

basically [11] 18/8 43/9 48/10 79/12 81/3 81/11 86/9 102/11

 125/8 125/16 129/7

basis [1] 31/15

be [231] 

beach [5] 50/19 53/11 54/12 59/13 82/8

bear [1] 103/11

Beaverton [4] 42/20 54/3 58/10 61/7

because [35] 6/16 8/12 13/9 16/11 16/22 16/23 24/11 27/21

 29/3 30/1 32/11 32/23 34/12 39/18 45/3 48/4 48/21 62/12 62/22

 67/18 78/17 81/19 82/22 85/9 86/11 90/20 91/18 91/23 99/21

 103/19 106/25 119/22 120/8 123/15 124/21

become [3] 109/8 121/13 121/14

becoming [1] 78/12

bed [1] 7/22

been [63] 10/6 10/20 14/11 16/1 18/6 18/7 21/12 25/24 35/4

 37/20 38/2 38/3 39/11 45/25 46/1 46/3 46/4 49/25 50/6 51/3

 51/8 51/21 52/24 53/19 56/2 56/19 56/24 57/9 57/13 57/16 69/9

 69/20 73/19 79/20 81/12 83/18 93/20 99/21 100/21 102/3

 102/17 104/7 105/10 111/10 118/16 118/18 118/19 118/23

 121/19 122/8 122/14 122/15 123/3 123/15 123/15 123/18

 123/23 126/25 127/11 129/12 129/15 130/2 130/6

before [30] 1/13 7/11 8/5 10/3 15/16 16/2 21/2 23/1 24/25 25/23

 28/4 29/7 33/16 35/4 46/5 46/5 49/7 64/15 70/5 78/18 81/8

 89/24 91/10 99/8 102/3 111/20 130/7 130/8 130/8 130/12

begin [3] 17/23 21/2 21/6

beginning [5] 4/7 21/7 21/11 107/15 110/3

begins [3] 97/5 97/6 111/7

begun [1] 16/4

behalf [13] 4/22 4/24 5/1 11/16 11/17 12/7 12/15 22/15 72/12

 92/15 93/2 93/10 95/6

behavior [1] 99/23

behavioral [1] 50/16

behind [1] 24/21

being [21] 9/21 11/11 12/4 24/7 37/24 62/24 65/19 65/20 76/19

 76/25 80/7 81/13 88/24 88/24 89/9 89/11 92/11 97/15 106/24

 113/14 121/2

believability [1] 103/11

believe [17] 6/10 13/24 15/8 20/13 36/16 74/22 79/2 83/15

 91/17 100/16 102/24 102/24 102/24 120/4 124/4 124/14 124/14

Bell [1] 56/23

belong [1] 50/18

below [1] 133/6

Ben [5] 19/11 37/6 38/19 58/2 67/15

bench [2] 83/25 109/11

benefits [1] 16/13

Benjamin [1] 13/25

Berger [1] 15/3

besides [1] 23/2

best [8] 15/25 22/9 37/21 38/5 39/10 40/18 41/10 113/25

better [3] 26/4 47/7 113/22

between [16] 6/8 6/22 7/1 7/2 7/4 35/12 44/14 78/4 78/23 80/2

 82/14 101/14 114/15 125/2 125/4 131/12

beyond [4] 75/23 76/8 76/23 77/4

bias [1] 103/7

biases [1] 91/12

big [5] 27/19 28/1 66/12 74/11 80/22

biggest [1] 28/25

Bill [3] 16/18 16/20 16/21

billion [1] 7/22

binding [1] 93/22

biology [1] 61/10

bit [12] 10/17 23/6 40/11 40/22 42/16 42/16 49/2 51/15 75/23

 90/22 115/25 125/19

Blake [1] 23/20

block [5] 46/16 112/12 112/14 131/15 131/15

blocked [1] 46/16

blog [2] 105/15 105/16

book [2] 68/13 123/10

boring [3] 70/2 70/3 70/7

born [12] 49/19 50/24 52/22 54/2 54/12 55/5 55/23 56/17 58/2

 59/12 60/5 61/6

boss [1] 42/19

both [27] 6/19 9/11 11/12 12/24 16/19 20/14 32/15 32/18 42/5

 48/9 48/13 58/17 60/6 63/7 63/9 89/3 92/2 95/15 98/7 98/14

 98/23 99/1 101/13 113/18 125/22 125/24 127/17

bother [1] 67/8

bothers [1] 66/6

Boulevard [2] 2/5 2/14

box [4] 10/2 18/18 21/13 84/7

boy [1] 54/14

boys [1] 55/8

Brady [3] 2/10 2/13 15/2

Branch [1] 50/8

branches [1] 50/7

break [10] 29/11 29/12 29/18 29/18 30/1 61/25 62/12 64/17

 109/23 109/24

Bridget [5] 19/13 60/4 66/24 88/11 89/23

brief [2] 130/10 130/17

bring [9] 5/2 9/12 36/2 63/11 64/23 68/18 88/16 112/1 132/8

Bringing [1] 17/8

brings [3] 35/19 37/22 104/24

Britain [1] 16/10

brother [1] 57/10

brothers [1] 41/20

brought [3] 10/24 36/5 39/3

brutal [5] 65/16 65/17 66/19 67/25 69/25

brutally [5] 65/23 66/4 73/13 74/15 74/20

build [1] 57/20

building [6] 84/14 111/24 112/5 112/5 112/10 112/15

bump [1] 62/20

burden [7] 83/6 94/6 95/4 98/8 98/10 98/14 98/16

Bureau [2] 47/7 47/15

bus [1] 58/10

business [35] 6/11 6/18 6/19 6/20 7/17 28/20 30/9 40/19 41/12

 42/12 42/15 42/17 42/25 43/7 43/15 47/7 53/2 54/16 60/9 61/14

 81/1 95/16 95/19 95/19 95/21 95/22 96/4 96/10 96/12 96/14

 96/15 125/15 125/16 127/5 128/18

businesses [4] 6/13 43/6 126/14 127/8

busy [1] 68/22

button [2] 112/11 112/21

buttons [2] 45/21 112/4

buy [1] 41/22

C

CA [2] 2/5 2/8

cabinetry [1] 25/18

calculation [1] 131/1

California [3] 50/25 54/12 58/4

call [67] 11/3 11/8 11/10 12/14 12/16 12/18 12/19 18/5 18/11

 18/13 18/14 18/15 18/19 22/15 22/16 22/19 22/19 22/22 23/17

 43/18 43/21 43/25 44/1 45/8 45/9 69/3 69/9 78/5 78/23 78/25

 79/3 79/13 79/19 79/19 79/20 83/2 84/6 84/10 89/12 92/7 92/9

 92/10 93/9 93/11 93/13 93/14 94/2 94/4 94/21 94/23 95/19

 96/17 96/18 96/20 96/21 96/22 97/1 97/2 97/3 97/3 97/4 97/7

 97/20 110/11 111/3 113/25 125/25

called [30] 11/11 11/20 12/4 19/17 21/12 21/15 21/16 22/22

 25/24 33/17 33/22 35/6 41/12 41/13 47/14 47/14 58/24 78/10

 92/11 97/15 99/1 99/6 99/7 110/12 110/14 110/19 110/21 115/5

 124/18 125/24

caller [1] 97/17

calling [6] 18/17 77/20 79/5 79/16 80/4 132/11

calls [76] 6/8 6/17 6/18 6/20 6/21 6/23 7/16 11/25 12/2 20/6

 22/20 43/21 44/8 44/13 44/14 44/20 45/15 45/20 45/23 45/25

 46/13 47/9 47/16 47/25 48/5 66/8 66/13 66/25 67/4 67/9 67/18

 67/20 68/12 68/19 69/5 72/16 73/9 73/24 75/1 75/4 77/19 77/22

 77/25 78/4 78/4 78/15 79/22 83/19 92/20 92/22 94/2 94/3 94/4

 94/8 94/14 94/19 94/21 94/23 95/11 96/14 97/11 97/18 97/22

 98/15 111/5 118/1 118/3 118/8 118/18 121/1 121/18 125/9

 125/14 126/7 126/7 130/22

came [7] 15/19 46/21 59/20 66/11 81/18 118/1 128/17

camp [1] 50/19

camping [2] 53/10 60/15

can [53] 5/13 5/13 17/8 20/20 20/22 21/3 28/24 30/19 30/20

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 137 of 160
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can... [44] 33/7 45/3 62/11 63/9 63/11 63/14 64/2 64/17 64/19

 65/24 66/1 71/19 72/21 73/2 73/3 74/3 76/11 77/1 82/11 89/18

 101/13 102/7 105/4 105/9 105/23 107/23 109/2 109/6 109/6

 109/13 109/19 111/25 112/1 113/2 120/19 121/6 123/11 124/25

 128/2 128/20 128/25 129/14 129/14 131/20

can't [11] 32/10 33/8 33/10 39/19 74/18 105/4 105/5 108/8

 109/7 122/12 123/24

Canadian [1] 55/10

candidate [1] 82/4

cannot [5] 31/6 72/4 102/14 102/15 108/7

cards [1] 113/1

care [1] 67/22

career [1] 46/22

carefully [1] 21/14

Carnegie [1] 61/15

Carol [1] 28/14

Carolina [1] 61/7

carpenter [1] 60/24

carrier [4] 116/13 119/18 119/20 120/6

cars [1] 61/19

case [126] 4/5 10/12 10/17 10/22 12/13 13/20 14/1 14/24 19/21

 20/4 20/11 23/3 24/4 24/14 27/7 27/9 28/24 30/13 31/5 31/18

 31/20 33/16 33/16 33/23 34/5 34/11 34/20 35/1 38/10 38/14

 38/20 39/6 47/19 49/2 49/6 49/8 62/15 66/6 66/7 66/8 66/15

 66/20 67/16 69/24 70/10 70/12 70/15 70/18 72/7 72/14 73/16

 73/21 74/10 74/25 75/3 75/13 75/13 75/13 75/15 75/20 76/7

 76/12 76/19 76/25 77/4 77/5 80/24 81/5 82/4 83/17 90/8 91/9

 91/14 92/2 92/12 92/13 93/8 93/19 93/21 94/8 95/6 98/6 101/7

 102/20 102/22 102/23 103/7 103/18 103/19 103/20 103/22

 103/24 104/2 104/14 104/15 104/15 104/18 104/22 104/24

 105/4 105/5 105/8 105/10 105/13 105/16 105/16 105/18 105/20

 105/25 106/1 106/3 106/4 107/3 107/7 107/19 107/22 107/25

 108/1 108/15 110/2 111/15 112/6 112/8 121/5 121/7 127/25

cases [9] 24/25 36/17 36/25 37/7 37/8 117/6 117/12 130/2

 131/25

caseworker [1] 52/12

cashier [1] 56/23

catch [1] 49/1

catch-all [1] 49/1

cattle [1] 41/20

cause [8] 20/6 30/18 65/2 74/7 84/23 85/1 85/6 133/8

cease [1] 79/6

cell [21] 7/24 8/10 42/6 43/10 68/12 95/20 106/7 120/15 120/20

 120/21 121/5 121/7 121/9 121/10 131/11 131/12 131/14 131/15

 131/19 131/20 131/21

cellular [18] 11/3 11/4 11/5 11/25 41/23 41/24 43/17 43/18

 43/20 44/2 92/7 92/20 94/25 95/15 96/2 97/13 97/24 119/14

cement [1] 53/3

Center [1] 58/9

Central [1] 2/11

certain [9] 20/8 20/24 24/12 48/10 91/15 91/18 93/23 100/2

 109/17

certificate [1] 61/11

certification [1] 54/17

certified [1] 133/10

certify [1] 133/6

chair [1] 62/12

chairs [2] 62/13 63/1

challenge [1] 20/10

challenged [1] 84/23

challenges [3] 62/7 88/23 129/17

chance [1] 8/1

change [3] 40/16 121/10 123/12

changed [2] 18/13 121/16

changes [2] 7/20 118/17

changing [2] 123/15 123/15

Chaplain [1] 52/3

Charleston [1] 61/7

Charlotte [1] 60/19

chart [2] 62/14 87/23

charter [1] 16/4

chat [1] 105/15

cheat [1] 77/15

check [6] 5/23 21/21 80/1 113/23 128/25 129/2

check-out [1] 80/1

checked [2] 126/8 126/13

checker [1] 126/22

Chi [1] 54/23

child [5] 50/2 50/3 58/10 58/11 58/18

Childhood [1] 56/5

children [14] 49/22 50/13 50/16 51/2 51/7 51/24 54/14 54/18

 55/8 55/9 58/8 58/19 59/15 59/19

children's [1] 50/11

choice [2] 27/25 105/9

choose [1] 85/19

church [4] 52/13 59/3 59/4 60/14

circumstantial [5] 101/9 101/12 101/15 101/21 102/4

citizen [1] 17/7

citizens [4] 17/4 17/8 17/18 24/8

city [4] 51/6 51/8 56/18 60/20

civic [3] 17/1 17/17 59/23

civil [17] 4/5 10/22 10/23 11/12 33/12 33/13 33/16 33/24 34/11

 34/19 34/21 35/5 37/21 75/13 77/5 92/2 104/15

civilian [1] 17/6

claim [28] 11/13 11/13 11/15 11/15 11/16 12/10 39/1 39/3 39/7

 39/7 39/12 39/22 47/21 47/21 83/2 92/3 92/3 92/14 92/14 93/5

 93/25 94/12 94/16 95/9 98/15 98/15 98/17 98/18

claimant [1] 12/25

claims [6] 12/8 38/7 38/10 74/7 93/3 98/10

clarification [1] 8/25

clarify [4] 104/3 116/19 118/7 128/7

class [81] 11/13 11/17 12/1 12/5 12/12 12/13 13/1 13/5 13/9

 22/12 22/13 25/10 26/7 39/7 39/8 39/11 39/12 39/12 39/13

 39/14 40/11 40/12 40/14 47/21 59/6 70/11 70/17 70/23 70/24

 71/13 71/16 72/1 72/3 72/4 72/11 72/12 72/15 72/25 73/4 73/7

 74/4 74/6 80/8 80/12 80/15 82/1 82/12 82/15 82/17 82/19 92/3

 92/15 92/22 92/25 93/7 93/8 93/15 93/16 93/18 93/19 93/22

 94/16 94/19 94/24 94/25 95/4 95/5 95/6 95/8 95/9 95/12 97/20

 97/24 98/15 117/24 117/25 121/1 121/17 125/10 126/6 127/5

clean [1] 116/1

clear [1] 122/5

clearly [1] 97/17

clerk [2] 9/25 10/4

Clerk's [1] 18/9

click [1] 57/4

client [6] 4/18 13/6 13/15 14/21 15/2 81/2

clients [3] 50/9 70/16 100/15

clock [1] 63/1

close [10] 35/18 37/20 38/4 39/10 40/17 41/10 41/15 63/4 84/18

 113/17

closely [1] 83/5

closer [1] 89/9

closest [3] 18/20 18/22 89/11

closing [2] 32/17 100/9

co [4] 13/6 14/21 104/4 106/3

co-counsel [2] 13/6 14/21

co-jurors [1] 106/3

co-workers [1] 104/4

coach [1] 51/12

code [1] 126/13

Cody [6] 19/15 36/23 40/23 46/11 47/13 51/19

cold [5] 69/3 73/9 77/19 78/4 79/22

Coleman [2] 14/4 14/5

colleague [4] 13/17 13/17 13/18 15/4

collections [1] 53/4

collective [1] 18/3

collectively [1] 73/10

college [4] 53/1 54/23 56/22 58/19

colonies [1] 16/9

colonists [1] 16/13

column [12] 116/11 116/12 116/12 116/13 116/13 116/13

 116/14 119/8 120/3 125/11 125/20 125/21

combination [1] 42/5

combined [1] 81/13

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 138 of 160
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come [19] 7/14 7/19 18/8 18/24 26/14 26/15 26/22 62/1 62/12

 73/12 80/8 81/20 84/18 85/20 89/12 112/20 113/2 122/10

 129/14

comes [4] 59/9 78/23 128/23 130/12

comfortable [1] 72/8

coming [12] 14/22 17/15 25/18 26/3 26/10 26/11 30/3 46/5 46/5

 77/22 77/25 90/7

comment [3] 32/19 79/8 107/25

commentary [2] 107/3 107/18

commented [1] 80/9

comments [1] 68/9

commission [2] 47/5 52/1

commitment [4] 31/7 31/17 33/4 33/11

commitments [1] 24/12

committed [1] 98/3

common [2] 17/2 102/5

communicate [6] 47/5 103/25 104/1 106/10 106/19 106/20

communicated [1] 47/10

communicating [1] 105/22

communication [3] 50/3 50/4 62/19

Communications [1] 47/5

community [3] 17/16 53/1 59/6

commuting [1] 42/20

companies [3] 45/17 45/18 77/25

company [23] 11/19 11/21 22/22 27/1 42/19 52/10 53/22 54/21

 66/12 78/5 78/6 78/11 79/10 79/12 79/18 80/3 83/18 116/16

 117/14 117/18 117/20 120/4 120/7

compare [2] 87/19 87/24

compilation [1] 8/14

compiled [1] 130/22

complete [2] 20/20 132/17

completed [2] 103/17 110/15

completely [2] 65/19 65/21

completes [1] 10/8

complying [1] 62/24

comprised [2] 12/13 93/8

computer [1] 43/23

computers [1] 106/8

concept [3] 45/19 76/6 82/1

concern [4] 28/25 74/7 93/17 129/22

concerning [1] 19/20

concerns [1] 128/12

conclude [1] 101/20

conduct [1] 103/14

conference [4] 109/10 109/21 110/2 122/2

conferences [2] 109/16 109/20

confirm [1] 26/24

conformed [1] 133/9

confusion [1] 109/19

Congress [1] 47/6

connected [1] 11/7

connection [1] 78/1

conscience [1] 17/2

consent [10] 11/10 12/4 12/18 22/18 92/11 92/24 93/13 97/15

 97/16 97/20

consider [14] 27/22 96/8 96/11 96/21 98/22 99/19 99/25 100/3

 101/13 102/4 102/21 105/3 107/1 110/1

consideration [3] 68/3 85/13 86/10

considered [2] 68/17 100/23

considering [3] 103/3 104/25 125/25

consist [1] 98/22

Constitution [4] 16/16 16/17 16/19 16/24

consult [1] 115/3

consultant [1] 55/12

consulting [3] 42/18 107/4 117/5

Consumer [7] 10/25 12/20 46/7 47/15 47/23 92/4 95/14

contact [3] 35/20 114/22 131/10

contend [1] 97/19

contends [1] 33/13

content [1] 105/17

continue [4] 30/16 122/4 123/12 131/20

continuing [1] 30/2

continuity [1] 111/1

contractor [1] 81/4

contradicted [1] 103/8

control [2] 90/16 102/6

controls [1] 100/13

conversation [1] 79/4

copy [5] 5/11 111/11 111/12 122/15 122/19

Cornett [10] 18/23 33/21 49/15 49/18 49/19 50/22 71/2 71/4

 88/2 89/14

corporal [1] 60/21

corporate [1] 53/6

correct [44] 39/22 43/6 45/12 74/24 78/2 85/2 85/4 108/10

 116/20 116/21 116/23 116/25 117/1 117/2 117/15 117/17

 117/19 117/24 118/4 118/5 118/20 118/25 119/2 119/3 119/6

 119/23 120/16 120/17 120/25 121/14 121/15 121/21 123/4

 124/1 124/2 124/19 124/20 124/22 124/24 127/19 127/20

 130/24 131/3 133/7

correctly [1] 122/11

corroborating [2] 80/11 81/7

could [19] 4/7 8/18 27/16 63/4 65/16 68/9 69/1 69/14 71/2

 71/21 72/10 90/6 107/13 112/20 117/12 122/4 127/9 131/13

 132/10

counsel [20] 4/7 9/15 13/6 14/21 15/3 64/25 65/5 83/24 85/2

 85/4 88/1 88/12 88/14 88/19 110/13 110/15 114/9 114/9 125/23

 132/10

count [11] 6/6 6/12 11/16 11/18 92/14 92/16 93/24 94/16 98/8

 98/8 124/22

Count 1 [4] 11/16 92/14 93/24 98/8

countries [1] 17/12

country [4] 17/4 40/2 126/10 126/12

country's [1] 16/2

counts [1] 34/3

County [6] 34/6 36/8 36/24 37/3 50/6 50/8

couple [6] 25/17 80/9 104/5 112/4 128/7 128/7

course [5] 39/11 40/18 61/21 103/23 115/12

court [34] 1/1 1/14 2/22 4/3 4/7 6/5 7/19 9/23 10/4 14/7 21/4

 38/7 46/6 63/3 64/22 65/3 66/15 67/4 67/9 69/6 84/2 84/20 90/6

 99/20 101/6 104/11 104/11 106/11 106/11 107/17 111/21

 113/16 125/2 133/12

Court's [1] 100/18

courthouse [4] 2/22 112/12 112/13 112/13

courtroom [14] 9/14 9/17 9/18 13/7 14/23 17/20 21/3 21/5

 63/24 63/25 84/17 109/11 112/2 112/20

courtrooms [1] 15/23

courts [6] 35/20 129/4 129/4 129/6 129/7 130/2

cover [2] 113/6 113/8

covered [2] 39/14 49/10

cow [1] 41/22

create [3] 118/19 122/9 126/24

created [5] 118/16 118/23 123/23 127/7 127/9

creating [1] 118/19

credibility [1] 72/25

credit [1] 53/5

criminal [17] 10/22 33/13 33/16 33/24 33/25 34/5 34/20 35/1

 35/5 36/17 36/18 36/25 52/8 75/13 75/14 77/4 104/15

criteria [1] 7/18

critically [2] 31/13 48/1

cross [12] 3/6 7/14 8/4 110/17 110/17 111/6 111/8 123/9

 123/18 123/24 130/2 130/19

cross-examination [5] 110/17 110/17 111/8 130/2 130/19

cross-examined [1] 111/6

CRR [2] 2/22 133/12

crunch [1] 116/1

culture [1] 16/23

curiosity [1] 71/6

curious [1] 45/2

current [4] 12/17 22/18 57/16 93/12

currently [24] 51/20 51/25 52/7 54/3 54/5 54/12 54/21 54/23

 55/6 55/25 56/18 56/23 57/9 57/17 58/20 59/13 59/20 60/5

 60/12 61/7 61/9 61/10 61/16 86/7

Curtis [6] 26/20 34/16 40/5 40/9 60/19 86/19

customer [1] 22/9

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 139 of 160
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cv [1] 1/5

D

D-O-U-G-L-A-S [1] 19/11

dad [1] 41/20

damages [2] 10/23 33/14

data [20] 7/13 7/15 7/24 8/2 8/6 8/12 8/13 8/18 8/22 8/23 51/9

 113/20 113/24 115/1 115/1 116/15 117/20 120/23 131/2 131/4

database [19] 114/23 115/3 117/18 118/4 118/11 118/12

 118/15 119/5 120/14 120/15 121/19 123/17 123/19 123/20

 123/25 124/21 124/23 128/17 130/25

database's [1] 120/9

databases [7] 118/19 118/23 119/4 123/16 123/23 124/8

 124/12

date [2] 120/18 133/12

daughter [4] 49/24 60/7 60/10 61/12

daughters [2] 53/18 53/18

David [3] 30/6 61/6 82/8

Davis [31] 3/7 7/7 8/4 8/20 8/22 9/4 9/9 23/15 63/11 63/16 63/19

 63/23 64/16 114/1 115/10 115/10 115/13 115/18 116/19 122/25

 123/9 123/14 123/16 124/11 124/12 124/14 124/15 125/1

 128/11 130/21 132/5

day [15] 6/5 7/11 23/25 24/2 29/10 29/20 29/20 41/6 67/21 68/5

 88/18 90/11 108/16 111/20 130/7

days [7] 29/1 29/20 29/21 74/17 104/5 130/4 130/7

de [3] 118/8 118/11 119/4

de-duped [2] 118/11 119/4

de-duplicated [1] 118/8

deal [3] 8/19 74/11 80/22

dealing [2] 9/2 83/17

deals [1] 121/1

dec [1] 52/11

decent [1] 59/22

decide [18] 31/3 49/7 91/4 91/9 91/14 93/25 94/17 96/5 98/6

 101/7 101/16 102/3 102/23 103/16 103/19 108/14 109/17

 129/18

decided [1] 107/25

deciding [6] 96/7 98/22 100/3 102/20 102/22 128/20

decision [23] 18/2 31/14 32/20 34/1 34/7 34/23 35/2 48/2 48/7

 48/18 69/21 72/15 81/5 81/17 82/5 83/17 91/17 93/20 93/21

 98/20 104/25 108/4 110/4

decisions [2] 33/1 48/15

Declaration [2] 16/6 16/12

declaring [1] 16/9

dedicated [1] 67/19

deep [2] 65/21 65/24

defendant [58] 1/8 2/10 4/20 4/22 4/24 5/1 10/24 11/19 11/20

 11/24 12/19 14/15 14/24 33/15 37/23 38/3 39/13 47/22 49/5

 62/3 63/21 64/7 64/10 64/13 73/23 74/6 75/22 76/1 84/23 85/4

 85/18 86/13 86/23 87/10 92/17 94/1 94/18 97/1 97/7 110/15

 110/24 111/3 111/4 111/5 111/7 113/11 113/12 113/21 113/23

 114/1 115/9 125/24 126/25 127/18 128/18 129/1 129/25 130/7

defendant's [12] 85/25 86/1 86/1 86/22 87/5 87/15 88/14

 114/22 125/8 125/20 130/10 130/23

defendants [8] 5/7 71/14 87/6 114/25 115/1 125/3 131/4 131/6

defender [1] 36/16

defense [2] 37/10 110/20

Deffelbach [1] 10/1

definition [1] 22/13

degree [16] 50/1 50/2 51/4 51/4 51/5 53/3 54/4 54/16 54/18

 55/14 55/16 56/21 58/16 59/18 61/10 61/14

degrees [1] 52/25

deliberate [4] 85/11 91/2 91/13 111/15

deliberation [5] 17/1 91/21 91/23 92/1 106/1

deliberations [5] 17/23 90/16 100/24 103/17 108/3

deliver [3] 11/9 92/9 97/14

delivers [1] 50/14

denies [1] 12/19

Dennis [4] 2/22 9/24 133/11 133/12

dental [1] 52/10

denying [1] 110/1

depend [2] 103/1 103/12

Depending [1] 72/3

deposition [11] 23/5 23/6 98/24 99/7 99/7 99/15 99/19 110/12

 110/22 116/25 132/12

deprived [1] 16/13

deputy [1] 9/18

describe [4] 100/13 116/11 117/8 117/10

described [3] 47/11 47/19 111/6

describing [2] 72/16 78/4

descriptions [1] 72/23

designations [1] 132/12

desk [2] 36/13 112/16

detail [1] 90/22

details [3] 10/20 29/4 38/13

determination [1] 73/22

determine [5] 20/3 20/4 97/25 98/1 130/1

determining [2] 73/23 96/20

development [1] 28/2

device [1] 53/21

devised [1] 15/25

dictionaries [1] 107/5

dictionary [1] 33/5

did [48] 5/25 6/12 6/23 8/6 8/11 14/6 34/1 34/3 34/7 34/24 35/2

 44/10 46/14 53/1 54/15 58/3 58/4 58/18 66/20 66/20 67/3 70/25

 73/24 74/10 75/5 76/17 77/19 78/25 94/1 94/2 94/18 94/21

 101/11 114/21 114/23 115/3 117/23 119/7 120/20 121/21

 121/22 123/20 124/3 124/8 124/12 125/21 126/6 126/11

didn't [14] 34/11 77/22 78/1 78/24 81/20 83/12 117/25 120/16

 121/24 122/9 122/21 126/1 126/5 129/1

dietary [1] 11/22

diets [1] 59/1

differ [3] 5/21 6/7 100/12

difference [8] 6/8 6/21 7/1 78/3 78/7 125/2 125/4 125/6

differences [1] 6/2

different [18] 7/8 12/11 43/14 70/6 73/16 79/21 80/17 80/20

 81/15 81/20 93/6 102/1 118/15 123/16 124/19 126/3 129/20

 130/25

differently [1] 74/14

difficult [1] 82/11

difficulty [1] 30/21

digital [1] 117/4

digitally [1] 133/9

dining [1] 55/1

dinner [1] 73/11

dire [6] 19/17 64/3 64/6 64/9 65/1 88/21

direct [9] 3/6 41/13 101/9 101/9 101/10 101/15 110/14 110/14

 115/20

direction [2] 45/22 63/14

directly [1] 118/1

director [2] 59/4 117/4

Disability [1] 50/5

disagree [1] 96/2

disappointed [1] 75/7

discharged [2] 31/21 105/10

disclosed [1] 8/23

disclosures [1] 123/22

discovered [1] 46/12

discuss [7] 20/18 32/6 62/15 62/18 105/13 109/5 111/15

discussion [3] 18/1 84/1 109/23

dislike [1] 44/17

dislikes [3] 44/21 45/18 91/12

display [1] 5/13

disputes [5] 16/1 17/9 17/11 17/13 17/16

disregard [4] 100/21 100/22 102/19 102/21

disrupt [1] 106/12

dissatisfied [2] 38/15 38/23

distinction [5] 78/23 79/2 79/25 80/2 101/14

distinguish [1] 114/14

distract [1] 108/15

DISTRICT [6] 1/1 1/2 1/14 2/22 9/17 90/6

Diversion [1] 50/8

divinity [1] 52/7

divorced [1] 51/1

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 140 of 160
D

do [158] 

document [9] 5/12 5/13 7/23 8/4 16/25 32/15 32/18 116/6 122/6

documentation [1] 72/7

documents [9] 71/14 72/7 72/16 74/6 76/15 128/16 128/22

 129/8 129/23

does [52] 5/20 14/12 15/10 17/4 21/21 21/24 22/6 22/22 27/7

 29/19 30/17 30/21 32/18 35/17 39/24 40/12 45/14 45/16 55/15

 58/11 59/18 67/8 69/13 70/9 74/7 75/25 76/5 76/8 79/7 79/17

 79/21 80/12 81/4 81/9 83/4 83/7 83/12 93/20 95/18 95/20 95/22

 96/14 97/19 103/1 103/12 106/2 111/8 114/3 116/15 116/16

 120/3 129/5

doesn't [8] 6/16 32/18 42/3 44/18 44/22 76/24 81/22 112/21

doing [12] 13/2 44/10 46/21 46/24 53/11 59/22 64/3 64/6 64/9

 66/15 123/18 131/1

don't [92] 8/3 8/17 8/17 8/18 9/3 20/16 28/12 28/25 29/3 29/6

 31/2 37/13 38/2 39/21 41/5 42/13 44/22 45/7 45/8 45/9 46/9

 46/11 46/22 50/18 51/23 52/17 52/25 56/12 56/17 57/3 57/23

 59/8 59/25 62/16 62/17 62/17 66/25 69/22 71/16 72/11 72/13

 72/20 73/6 73/17 73/17 74/20 76/12 76/13 78/20 78/24 79/20

 83/9 84/11 84/18 85/19 104/17 104/18 105/11 105/13 105/18

 105/19 105/20 105/24 105/25 106/14 106/15 106/22 106/22

 106/22 107/6 107/18 107/24 107/25 112/7 113/5 116/11 116/22

 117/14 117/16 117/18 117/20 119/1 119/5 119/5 119/22 122/14

 123/11 123/24 127/23 129/10 130/18 132/11

done [9] 32/22 33/6 63/13 64/25 83/21 90/11 110/18 121/17

 127/6

door [4] 63/4 84/18 84/19 89/19

doors [2] 84/9 113/18

double [1] 21/21

double-check [1] 21/21

doubt [4] 75/23 76/8 76/24 77/4

Douglas [8] 19/11 37/6 38/19 58/1 58/2 59/10 67/15 86/23

Dovel [15] 2/2 2/4 4/9 4/12 4/17 13/2 13/12 13/14 13/14 65/9

 65/13 75/10 77/12 80/7 130/14

Dovel's [1] 81/16

down [12] 21/5 24/16 32/5 36/8 40/10 57/10 65/21 65/24 73/11

 112/19 114/12 126/17

downstream [1] 79/14

Dr. [5] 59/10 59/11 60/2 86/23 87/18

Dr. Douglas [2] 59/10 86/23

Dr. Gary [1] 87/18

Dr. Knowles [2] 59/11 60/2

draw [1] 79/9

drill [1] 40/10

driver [2] 53/3 58/10

driver's [1] 18/8

drop [1] 86/7

dropped [1] 122/9

duly [3] 10/9 90/2 115/15

dumped [1] 122/7

Dunn [1] 2/16

duped [2] 118/11 119/4

duplicated [1] 118/8

duplication [2] 12/9 93/4

during [16] 10/1 13/7 14/23 15/5 29/17 90/24 91/25 97/2 97/3

 97/4 103/22 108/3 109/8 109/24 112/25 113/3

duties [3] 48/24 90/9 117/3

duty [8] 10/6 24/8 31/20 90/5 91/2 91/16 100/15 103/23

E

E-V-E-S [1] 23/16

each [23] 10/14 17/24 20/7 37/10 37/11 83/5 83/6 83/24 85/8

 85/17 90/15 94/6 94/11 95/4 95/8 99/10 107/11 110/6 111/11

 111/12 111/16 130/21 131/2

Eagle [1] 57/13

earlier [3] 46/22 114/20 128/1

early [6] 47/20 56/5 111/22 111/23 111/24 132/7

easier [2] 45/5 45/10

eBay [1] 43/7

economics [1] 51/6

Edelson [9] 2/7 13/18 13/21 14/1 116/19 117/1 117/3 117/4

 123/17

education [10] 37/17 37/17 52/6 52/25 55/14 56/4 57/15 58/3

 58/16 61/14

effective [1] 78/17

efficiency [1] 48/10

efficient [5] 18/14 20/20 82/1 109/14 109/25

effort [2] 12/9 93/4

eight [16] 18/14 18/14 34/6 34/10 41/6 54/14 84/10 84/11 84/14

 85/9 85/10 85/20 85/23 89/6 89/7 112/1

eight-person [3] 84/14 85/10 89/6

either [33] 14/11 14/21 17/20 22/9 23/3 24/11 28/20 33/16 37/9

 37/21 39/11 40/1 40/2 44/20 45/9 45/20 46/12 49/5 49/7 62/18

 62/23 63/9 63/17 67/1 94/23 97/1 101/15 109/10 110/11 119/13

 121/4 125/10 126/4

electrical [2] 54/18 60/9

electronic [5] 5/13 105/14 122/16 122/18 123/4

electronically [2] 122/17 130/10

elements [7] 83/2 83/5 83/11 94/12 95/9 98/10 98/11

elevator [2] 62/21 106/18

Eleventh [1] 60/22

else [34] 13/6 25/2 25/8 25/15 26/1 34/13 35/13 36/10 37/13

 37/16 37/23 38/3 38/18 38/25 39/5 41/7 47/18 62/8 67/12 68/8

 70/9 79/7 79/7 79/15 80/15 84/13 89/25 90/4 104/1 107/24

 113/5 113/6 113/8 120/9

email [2] 47/4 105/14

embarrass [2] 20/2 20/16

Embassy [1] 60/21

empathize [1] 72/22

emphasis [1] 58/24

employed [4] 25/16 56/23 58/9 58/20

employers [1] 104/4

employment [4] 52/9 54/20 57/16 58/20

encountered [1] 23/10

encourage [1] 96/22

encouraging [1] 96/19

end [18] 10/15 17/23 29/14 32/17 63/8 77/2 85/20 90/14 90/20

 91/2 91/13 93/23 103/17 103/24 105/10 108/17 113/4 121/2

ended [2] 125/13 125/14

ends [2] 117/5 128/20

engage [2] 16/10 91/22

engaged [1] 91/21

engagement [1] 52/14

engineer [2] 53/21 54/18

engineering [5] 52/1 52/6 52/9 53/21 60/9

Engineers [1] 51/12

engines [1] 32/24

English [4] 16/3 30/21 30/22 54/5

enjoy [3] 51/13 52/15 53/10

enjoyable [1] 41/6

enjoys [1] 69/3

enough [5] 47/20 106/16 114/18 130/4 130/4

ensure [4] 20/12 107/9 112/1 121/17

entered [1] 9/14

entire [3] 72/4 107/14 111/9

entirely [1] 91/1

entitled [3] 33/14 74/13 133/8

entity [4] 11/3 11/10 92/6 92/10

entries [1] 124/23

enunciating [2] 55/4 60/3

epileptic [1] 57/11

equality [1] 17/1

equipment [1] 52/10

error [1] 109/19

essentially [8] 73/19 117/5 119/10 120/22 125/22 126/6 126/8

 130/7

ethnicity [1] 16/23

Eureka [1] 50/24

evaluate [1] 91/3

Eve [1] 13/22

Eve-Lynn Rapp [1] 13/22

even [24] 7/17 7/21 8/1 8/4 8/12 16/2 16/17 31/2 33/5 39/19

 65/19 65/23 72/23 77/9 83/17 96/12 104/12 104/14 104/17

 104/17 106/3 106/22 109/21 130/5

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 141 of 160
E

ever [15] 15/25 22/8 33/15 33/18 37/20 38/3 39/11 40/18 41/11

 43/17 45/20 46/6 47/3 47/10 68/17

every [4] 21/7 21/11 84/16 118/17

everybody [6] 41/25 62/8 80/15 84/9 84/12 112/5

everybody's [1] 83/14

everyone [9] 15/1 17/22 21/2 29/10 65/4 66/1 74/12 89/24 90/4

everyone's [1] 31/12

everything [8] 10/19 21/5 24/23 84/15 102/25 105/8 106/24

 128/3

everywhere [1] 17/11

Eves [2] 23/16 132/14

evict [1] 38/20

evidence [87] 8/9 31/15 32/19 32/24 32/25 48/12 48/19 75/17

 75/23 77/6 77/9 80/11 80/16 80/25 81/2 81/7 81/19 81/21 82/14

 82/18 82/19 90/25 91/3 91/9 91/17 91/21 94/9 94/13 94/15 95/7

 95/9 95/11 96/5 98/6 98/12 98/16 98/17 98/18 98/20 98/21

 98/25 99/4 99/5 99/6 100/1 100/2 100/6 100/11 100/11 100/15

 100/17 100/23 101/7 101/7 101/9 101/10 101/12 101/14 101/15

 101/17 101/22 101/24 102/4 102/4 102/6 102/7 102/8 102/10

 102/19 102/21 103/8 103/10 103/11 103/20 107/1 107/10 108/1

 108/4 108/7 108/23 109/18 109/18 110/7 110/8 111/10 122/13

 125/24

exactly [3] 56/17 62/13 131/2

examination [9] 110/14 110/14 110/17 110/17 110/19 111/8

 115/20 130/2 130/19

examine [2] 83/5 115/19

examined [2] 111/5 111/6

examining [1] 64/16

example [4] 77/10 78/11 101/18 101/21

Excel [4] 116/7 118/6 119/6 119/8

excellent [1] 63/6

except [1] 104/11

excerpt [1] 110/22

excerpts [1] 99/14

exciting [1] 75/8

exclude [4] 123/3 123/3 123/6 127/18

excluded [4] 88/25 100/19 127/24 129/19

exclusively [1] 108/1

excuse [17] 20/8 26/2 26/6 26/10 27/22 30/1 49/7 62/8 84/12

 86/19 86/23 87/1 87/6 87/17 88/17 89/24 111/18

excused [13] 18/16 20/5 20/11 26/3 26/12 28/6 28/10 30/4

 86/21 87/3 88/24 90/5 111/19

excused/not [1] 88/24

excusing [2] 63/14 84/25

executive [1] 55/11

exercise [7] 55/15 62/7 68/5 85/19 85/20 85/22 88/22

exhausted [1] 29/24

exhibit [10] 5/12 5/12 102/8 102/12 102/15 116/8 117/21

 122/12 123/10 125/2

exhibits [11] 5/8 5/10 9/21 48/8 48/14 98/25 100/1 101/1

 115/24 123/23 128/14

expect [4] 31/10 66/2 99/14 107/18

expects [1] 110/8

expense [2] 12/9 93/4

Experian [1] 117/16

experience [14] 17/19 35/10 35/10 35/15 35/15 39/14 40/8 41/7

 41/14 74/25 80/14 80/20 80/23 102/5

experiences [6] 49/3 49/3 49/9 81/13 81/20 83/15

experiments [1] 28/2

expert [2] 7/24 8/10

explain [11] 23/5 77/8 84/15 91/16 94/9 98/13 98/24 101/3

 109/7 124/15 125/19

explained [1] 124/15

explanation [2] 102/2 120/9

explanations [1] 10/13

exposed [2] 103/21 107/16

express [11] 11/10 12/4 12/18 22/18 79/20 92/11 92/24 93/13

 97/15 97/16 97/19

expressly [1] 80/4

extent [1] 128/19

eye [2] 24/21 26/4

F

F-O-L-T-Z [1] 19/2

face [2] 72/6 82/13

fact [11] 20/13 81/17 93/19 96/13 101/10 101/13 101/20 101/25

 102/3 103/1 103/12

factors [3] 24/12 103/11 128/15

facts [23] 10/20 31/4 31/5 31/15 48/3 48/8 48/11 48/13 48/14

 48/16 81/11 82/18 83/17 91/4 91/4 98/22 98/25 99/2 100/3

 100/12 101/12 102/22 107/7

factual [2] 33/8 76/15

factually [1] 32/1

fad [1] 59/1

fair [11] 20/13 20/14 20/14 33/1 75/21 75/25 76/7 82/20 89/2

 89/3 107/10

fairly [4] 15/25 48/23 82/19 129/25

fairness [7] 17/1 31/13 32/11 32/22 49/6 49/8 107/13

Falls [2] 57/20 60/7

familiar [4] 23/11 23/12 23/21 67/15

familiarity [1] 117/12

family [15] 23/9 35/18 37/20 38/4 39/10 40/17 41/10 41/14

 42/14 57/12 58/5 58/16 58/21 58/23 104/4

fan [1] 78/20

far [2] 52/17 69/23

fashion [2] 114/3 129/25

fashioned [1] 115/14

FCRR [2] 2/22 133/12

feature [1] 105/16

featured [3] 12/16 22/16 93/11

federal [9] 10/24 11/1 46/6 47/5 47/7 66/15 75/4 92/5 104/21

feel [17] 20/10 20/17 45/4 65/21 65/24 66/20 74/13 76/15 79/2

 82/1 82/3 83/4 89/1 104/9 105/11 109/3 113/22

feeling [3] 29/22 40/2 80/3

feelings [14] 39/25 40/3 40/4 40/13 40/15 41/1 47/24 48/4

 48/22 65/20 65/24 71/1 72/13 83/7

feels [9] 24/9 26/4 31/6 33/3 33/10 46/3 48/21 65/18 69/9

fellow [7] 91/16 91/20 91/25 103/16 105/23 108/14 108/25

few [20] 11/14 13/10 17/6 19/21 22/21 40/3 40/6 61/25 66/3

 69/22 90/9 94/10 98/24 103/14 111/18 115/23 122/7 128/11

 130/15 131/15

fifth [2] 2/17 21/8

figure [2] 62/10 71/15

file [1] 127/22

filed [4] 39/12 67/5 130/10 130/10

filing [3] 12/6 39/21 93/1

fill [3] 10/3 18/18 69/9

filled [1] 18/22

filling [1] 10/2

final [9] 18/2 87/11 87/15 90/15 111/11 118/17 123/14 124/23

 128/4

finally [2] 101/5 106/1

financial [1] 54/20

find [13] 9/3 69/3 73/12 76/22 81/17 91/5 94/11 95/7 97/21

 101/13 101/20 106/3 121/19

fine [10] 55/1 72/2 76/18 85/19 104/6 104/7 106/12 111/25

 114/10 128/8

firm [6] 13/14 13/19 13/21 15/1 15/6 123/17

firms [6] 13/8 14/12 14/24 15/12 21/21 22/5

first [35] 16/3 18/6 18/11 18/19 20/23 21/15 24/17 24/18 26/2

 26/7 34/4 34/14 42/16 47/12 66/6 66/14 66/19 66/22 66/24

 67/14 67/25 69/24 70/23 74/10 85/20 85/23 85/24 86/17 86/22

 103/15 110/13 112/16 126/14 132/14 132/18

fishing [1] 51/13

fit [1] 81/22

fitness [1] 55/13

five [3] 55/9 63/1 64/13

FL [1] 2/14

flip [1] 44/23

floor [1] 112/16

Florida [1] 59/16

fly [1] 51/13

focus [2] 24/23 130/9

focuses [1] 58/23

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 142 of 160
F

folks [7] 14/14 15/14 18/15 18/16 42/8 61/24 70/25

follow [7] 31/1 31/8 43/3 78/22 91/7 101/4 132/2

follow-up [1] 132/2

followed [1] 110/24

following [5] 23/2 91/7 93/25 94/17 110/5

Folly [1] 82/8

Foltz [5] 19/2 24/19 24/20 25/7 26/2

foods [2] 58/25 58/25

Force [2] 58/14 58/15

foregoing [1] 133/6

foreman [1] 35/7

forensic [2] 36/23 52/11

forensics [1] 117/4

foreperson [2] 35/6 74/23

Forest [1] 55/10

forewoman [1] 35/7

forget [1] 21/11

forgot [1] 116/16

form [6] 10/16 48/19 98/4 111/13 111/13 111/17

formerly [1] 52/11

forms [1] 49/13

forth [1] 85/17

Forum [1] 13/23

forward [1] 132/6

Foster [10] 2/13 4/23 14/17 15/4 115/19 115/22 115/25 119/24

 129/1 132/3

Foundation [1] 131/17

founded [1] 16/3

founding [1] 16/2

four [6] 9/2 59/15 59/19 61/12 65/15 89/8

four-and-a-half-month-old [1] 61/12

fourth [2] 21/8 54/19

framers [1] 16/16

Franciso [1] 2/8

frankly [6] 31/7 46/8 90/24 104/19 109/21 130/8

Franzini [4] 2/3 4/9 6/2 13/17

free [5] 104/9 105/11 109/4 119/14 120/15

freedom [1] 17/2

Friday [7] 24/3 24/4 24/5 29/15 30/14 104/8 104/12

friend [3] 36/4 37/20 40/18

friends [7] 35/18 35/23 35/24 38/4 39/10 41/10 41/15

front [12] 17/20 18/21 18/21 34/13 36/13 36/20 46/18 89/9

 89/10 112/10 112/16 112/20

frustrate [1] 74/1

fulfill [1] 48/23

full [4] 25/10 25/11 115/17 115/18

full-time [1] 25/10

fully [1] 91/22

function [1] 45/17

further [6] 9/11 10/13 18/10 80/13 127/22 132/1

G

games [1] 57/1

gaming [1] 54/7

garden [1] 101/25

gardening [1] 53/10

Gary [9] 19/12 35/1 35/8 35/23 39/1 39/17 43/5 59/12 87/18

gave [6] 78/6 78/11 78/13 79/11 81/1 83/10

general [3] 45/19 50/1 96/12

generally [13] 9/21 38/21 38/22 38/22 40/1 41/2 44/20 47/19

 50/20 129/18 129/20 131/14 131/19

generated [2] 129/23 129/24

generous [1] 121/2

George [1] 16/11

get [57] 5/6 7/15 7/20 7/22 7/23 8/6 8/11 22/20 24/16 25/7 25/13

 27/21 29/4 29/24 31/11 32/7 32/13 32/13 32/14 33/19 40/4

 40/21 46/13 46/14 50/9 53/23 56/12 62/25 63/23 64/17 67/20

 68/9 68/11 70/15 70/21 71/8 71/12 71/14 74/6 82/17 82/24

 85/19 90/16 104/24 105/23 109/6 111/22 111/23 111/24 115/10

 118/17 119/17 119/19 123/20 128/3 128/9 132/13

gets [4] 32/12 66/23 70/6 111/23

getting [7] 22/22 32/9 45/14 78/5 78/10 78/25 118/16

Gidley [1] 23/18

girl [3] 36/13 54/14 54/24

give [43] 10/11 20/9 21/10 23/3 23/25 27/20 29/18 32/4 48/11

 77/6 77/9 78/1 78/24 79/3 79/18 79/25 83/1 84/13 86/15 87/21

 87/23 90/10 90/15 91/5 96/7 101/3 101/16 101/18 109/5 109/5

 111/10 111/12 113/1 113/5 114/9 115/17 127/17 127/24 128/4

 128/8 129/25 132/16 132/17

given [9] 16/8 21/7 88/24 101/15 108/6 121/8 122/15 122/22

 128/24

gives [1] 72/24

giving [4] 10/14 80/5 90/13 130/3

glad [3] 27/3 30/10 67/22

Gladstone [2] 57/8 57/15

go [37] 7/22 23/24 24/3 24/4 24/16 27/7 34/14 35/24 46/19

 50/19 55/22 57/1 62/5 63/14 64/17 69/23 70/13 82/1 82/5 83/4

 84/4 85/17 88/17 89/18 90/12 91/13 108/14 109/12 109/14

 111/14 111/18 112/16 112/25 113/2 114/23 120/20 123/11

goes [2] 30/13 121/20

going [83] 8/9 10/4 10/18 13/10 14/15 18/5 18/15 20/23 23/24

 26/13 27/18 27/20 27/23 38/13 42/9 48/25 49/14 53/10 57/5

 61/24 62/19 62/22 62/23 65/7 65/22 65/23 66/5 69/20 70/3

 70/15 70/17 70/18 70/25 71/8 71/12 71/15 71/25 72/15 73/4

 73/21 73/23 73/25 74/1 74/5 75/3 77/8 80/8 80/10 81/16 82/3

 82/5 83/1 83/2 83/20 84/4 84/6 88/16 89/8 90/8 90/11 90/12

 90/18 90/19 101/3 104/5 104/10 104/11 105/5 105/18 105/20

 106/12 106/21 107/19 108/10 108/20 111/18 112/3 112/23

 113/1 115/23 123/8 128/1 128/17

golf [1] 59/24

golfing [1] 53/10

gone [3] 56/22 85/6 85/12

good [44] 4/11 4/13 4/17 4/21 4/23 4/25 5/24 6/3 7/14 14/25

 15/22 17/2 25/6 28/17 28/18 29/21 29/21 35/10 35/12 35/15

 36/4 36/9 37/1 53/16 54/6 63/8 63/10 64/12 65/11 65/12 69/8

 69/12 76/4 77/2 77/17 80/24 82/4 82/17 82/18 91/24 106/23

 114/18 115/22 116/1

goods [2] 96/19 96/23

Google [3] 126/18 126/22 126/22

got [27] 6/11 8/15 33/22 49/16 54/4 59/18 62/14 66/1 66/8

 66/12 67/20 70/24 71/14 72/17 74/4 75/19 76/1 76/2 78/19

 78/19 82/23 87/25 115/24 116/5 123/25 126/12 126/12

gotten [2] 22/20 67/4

government [5] 17/8 17/10 17/12 17/14 17/15

grade [3] 54/19 54/19 60/22

graduate [2] 56/21 58/18

Graham [1] 2/16

grand [1] 33/17

grant [1] 109/22

granting [1] 110/1

great [6] 16/10 32/24 64/18 66/12 78/19 78/20

greatest [1] 80/10

Greg [4] 2/2 4/17 13/14 65/13

Greg Dovel [1] 13/14

grew [3] 41/19 51/19 58/3

group [6] 12/8 13/23 14/1 20/23 21/16 93/2

guaranteed [1] 16/5

Guard [1] 52/1

guess [11] 39/13 40/6 67/25 69/23 71/4 72/12 74/18 79/14

 81/25 98/7 102/17

guitar [1] 59/6

H

H-A-U-G-E-R [1] 19/1

H-E-B-E-R-L-I-N-G [1] 19/13

had [32] 5/23 7/14 7/21 8/1 8/22 12/17 15/17 16/11 22/17 24/22

 36/15 37/14 37/14 39/18 41/11 46/6 47/8 56/21 79/13 81/20

 88/22 93/12 97/19 99/21 107/11 117/12 122/7 125/20 125/21

 125/24 126/6 126/7

hadn't [1] 71/5

half [4] 23/24 24/2 29/10 61/12

hallway [6] 62/5 62/20 84/4 84/8 84/17 106/18

hand [19] 10/7 20/25 21/17 21/23 29/17 30/23 34/25 36/19

 40/21 41/16 43/4 44/10 44/22 46/18 47/2 67/5 79/17 108/9

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 143 of 160
H

hand... [1] 125/4

handed [1] 5/11

handle [1] 81/5

handling [1] 9/20

hands [26] 14/12 14/14 15/13 15/15 15/17 21/25 22/5 22/24

 23/22 24/5 24/6 24/15 27/4 27/6 30/24 31/9 31/10 31/12 33/11

 37/18 41/21 42/8 44/4 48/24 49/11 106/1

hang [4] 45/3 45/5 45/10 68/1

happen [5] 29/23 76/17 85/22 104/23 107/20

happened [6] 71/16 76/16 80/16 80/20 80/21 80/22

happy [1] 123/10

hard [2] 32/13 69/2

hardship [1] 24/10

has [77] 11/10 12/20 15/15 15/17 16/1 17/7 18/10 22/6 22/7

 22/25 31/19 35/13 37/16 38/2 38/3 40/16 41/23 42/1 42/5 43/12

 45/20 45/22 45/24 47/3 47/22 50/1 50/2 50/3 52/8 53/2 53/3

 54/17 59/5 60/9 60/10 60/11 61/9 62/14 69/9 69/20 73/12 80/14

 81/7 81/12 83/6 83/18 85/8 87/9 87/10 88/20 91/18 92/10 93/20

 94/11 94/14 95/8 95/11 98/8 98/10 98/14 98/16 100/21 102/3

 104/21 105/12 106/4 107/11 107/21 111/2 111/10 111/13

 121/17 122/22 123/3 124/16 126/24 127/1

hasn't [1] 79/20

Hauger [12] 19/1 34/5 37/2 46/8 50/23 50/24 51/17 71/23 72/2

 79/9 88/5 89/15

have [289] 

haven't [6] 8/1 49/10 56/19 56/22 68/22 69/19

having [8] 12/3 20/9 23/4 72/12 72/21 81/13 92/24 109/10

he [33] 6/2 8/22 8/23 14/1 14/2 14/7 15/3 36/5 36/16 36/16

 42/19 42/21 49/21 49/23 50/14 52/23 53/2 53/3 54/18 55/15

 55/16 57/11 60/7 60/11 63/24 63/24 63/25 84/24 86/11 112/20

 122/9 129/14 129/14

head [2] 6/11 81/16

Health [2] 58/21 58/22

healthy [1] 56/11

hear [27] 8/20 8/22 9/4 9/8 9/11 11/14 20/24 21/3 32/15 42/13

 42/15 59/9 67/12 68/25 71/8 71/12 71/16 73/3 76/5 76/13 89/13

 101/6 103/5 107/20 108/7 108/8 126/1

heard [30] 15/13 15/16 22/25 37/25 40/8 40/9 46/6 46/8 66/6

 66/14 66/19 66/20 66/24 69/19 69/24 70/10 70/12 70/23 71/5

 74/10 75/3 79/22 80/7 80/25 81/2 81/7 81/8 81/19 101/5 101/11

hearing [9] 3/6 30/19 63/12 63/19 71/25 80/19 80/20 109/9

 128/25

hearsay [3] 122/6 122/10 122/12

heart's [1] 105/17

Heberling [8] 19/13 60/3 60/4 60/4 60/17 66/24 88/11 89/23

held [3] 73/24 84/1 96/11

hello [1] 106/22

help [9] 20/4 50/9 57/11 57/11 72/21 91/23 100/10 110/8 121/5

helped [1] 15/5

helps [1] 67/17

her [14] 10/14 13/15 21/24 41/19 41/20 41/20 52/8 94/8 94/12

 94/15 95/6 98/14 98/15 111/2

here [78] 7/16 10/6 12/7 14/21 15/2 15/16 15/20 18/8 21/4

 21/21 22/12 23/4 24/9 25/1 26/10 26/13 28/16 29/9 30/6 30/17

 31/6 33/3 33/10 35/17 37/16 39/24 40/13 40/21 41/14 41/23

 45/14 45/18 45/20 45/24 47/3 48/4 48/6 48/21 55/24 61/24 63/5

 63/23 66/1 67/4 67/8 68/2 68/4 69/6 70/25 71/17 72/3 72/6

 72/23 73/5 73/15 73/17 83/14 84/5 84/22 89/6 93/22 99/6 99/10

 104/19 108/18 111/22 111/24 113/14 113/19 114/1 115/10

 115/13 122/19 122/23 128/6 129/9 129/22 130/6

heritage [1] 16/2

herself [2] 11/16 92/14

Hey [1] 78/18

Hi [1] 79/1

high [4] 36/13 56/21 57/15 60/23

highly [1] 122/6

hike [1] 56/9

hiking [3] 54/7 55/18 60/15

him [8] 13/7 14/2 14/6 57/11 63/12 114/1 122/25 128/6

himself [1] 13/6

his [10] 10/14 13/6 13/6 15/2 15/6 43/10 55/8 82/22 83/10

 123/18

His Honor [1] 82/22

histories [1] 131/25

Hobbies [7] 50/19 52/15 54/7 55/18 57/1 57/22 59/5

hold [4] 67/9 69/7 93/15 123/25

holes [1] 122/5

home [23] 42/2 42/4 42/6 42/10 42/12 42/15 42/21 42/22 43/6

 43/13 44/7 49/21 52/22 53/17 54/13 55/6 55/25 58/7 59/14 60/6

 61/8 68/12 108/18

homes [2] 50/9 50/10

honest [8] 65/19 65/21 65/23 66/4 68/1 73/14 74/16 74/20

honestly [1] 74/18

honesty [4] 65/17 65/17 66/19 69/25

Honor [59] 4/4 4/11 4/13 4/16 4/17 4/23 4/25 5/4 5/5 5/11 5/13

 6/3 6/10 6/22 7/10 7/12 8/2 8/19 8/25 9/5 9/10 13/3 13/13 13/24

 15/8 63/18 64/5 65/10 66/16 66/18 70/14 70/20 70/22 71/10

 75/12 82/22 82/25 83/10 83/21 85/3 88/13 113/10 114/21 115/8

 115/12 116/3 120/1 122/4 122/16 122/20 123/5 123/11 123/13

 123/21 124/5 124/10 127/20 132/1 132/4

HONORABLE [1] 1/13

hope [1] 26/3

hoping [1] 75/7

horizontal [1] 116/15

hose [1] 102/1

hospice [1] 58/22

hotel [1] 64/16

Hough [3] 2/6 4/13 13/19

hour [2] 29/13 29/13

hours [2] 41/6 122/7

house [9] 11/7 15/3 42/2 42/4 42/6 42/11 42/12 43/13 51/1

how [40] 5/20 7/16 8/3 8/18 31/10 34/17 35/9 35/10 36/2 36/6

 38/11 38/14 42/11 42/14 44/1 44/7 44/9 46/14 65/21 65/24 71/6

 72/3 73/18 73/22 73/24 81/5 81/16 81/23 83/10 83/14 101/16

 103/1 109/17 111/22 111/23 113/2 113/22 120/9 126/3 126/20

however [3] 95/18 96/2 101/24

huh [1] 127/13

human [1] 15/25

hundreds [2] 76/13 76/14

hurt [2] 65/20 65/23

husband [13] 38/9 49/21 50/1 50/14 52/23 53/2 54/13 54/17

 55/7 55/12 55/14 56/1 60/9

I

I'd [1] 81/25

I'll [40] 8/23 10/11 13/4 21/11 21/19 22/13 23/5 23/13 25/7 26/2

 29/18 32/4 32/6 35/9 49/15 57/4 62/1 62/3 62/4 62/8 84/15

 85/24 86/15 87/11 87/15 90/11 92/18 98/24 100/20 101/2 109/5

 109/7 109/23 110/18 110/19 111/10 116/11 123/12 128/8

 128/12

I'm [88] 7/2 7/20 8/11 9/7 10/4 10/18 13/10 13/14 14/15 15/1

 20/23 25/6 25/16 26/17 27/20 29/5 29/5 37/6 38/13 42/9 45/1

 49/19 49/21 50/7 51/8 52/3 52/7 53/2 53/9 53/16 54/2 54/11

 54/20 55/5 55/7 55/23 55/25 57/13 58/2 58/20 59/3 59/5 59/17

 61/6 62/19 64/8 65/22 66/5 67/22 68/22 69/20 72/8 76/4 76/22

 77/8 78/16 81/15 82/4 83/2 83/21 84/25 88/16 90/13 90/18

 90/19 90/21 95/1 105/3 105/4 106/12 106/19 106/20 106/23

 111/18 116/6 116/7 116/25 117/4 117/21 118/14 119/21 121/21

 123/10 127/3 128/17 128/25 131/7 131/7

I've [23] 6/10 8/4 18/13 21/20 22/1 22/2 22/6 24/22 27/1 28/19

 30/8 37/6 47/11 48/22 78/18 87/25 98/8 98/13 100/22 111/6

 117/12 118/16 122/7

idea [4] 7/15 7/16 8/3 78/15

ideals [2] 16/22 16/25

identified [3] 14/2 15/13 123/4

identifies [1] 120/6

identify [2] 4/8 115/6

ignore [8] 68/13 68/15 68/16 91/8 102/16 102/19 107/19 107/22

III [1] 16/11

illegal [1] 68/19

imagine [1] 72/4

immediate [5] 37/19 38/4 39/9 40/17 41/9

immediately [2] 80/12 107/17

impairments [1] 30/17

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 144 of 160
I

impartial [2] 89/3 89/4

impartially [2] 16/1 48/23

important [13] 10/19 16/1 16/16 16/24 17/5 17/10 31/13 40/6

 48/2 68/14 72/5 82/22 91/9

impossible [1] 24/13

impractical [1] 24/13

impressions [1] 10/16

improper [1] 100/16

in-house [1] 15/3

inaccuracies [1] 129/5

inaccurate [1] 129/19

inactive [1] 121/14

inadmissible [1] 122/13

inappropriate [1] 105/3

INC [4] 1/7 4/6 11/20 92/18

incessantly [1] 80/4

include [2] 13/21 44/10

included [1] 116/15

includes [2] 11/12 92/2

including [5] 16/25 97/24 104/6 112/6 128/15

inconvenient [1] 24/8

Incorporated [3] 11/20 14/16 92/18

independence [3] 16/6 16/9 16/13

independent [2] 32/21 81/4

INDEX [1] 3/1

indicate [3] 5/8 98/5 126/1

indicating [1] 80/5

indication [1] 110/2

indifferent [2] 35/11 35/12

indistinguishably [1] 41/24

individual [10] 11/12 11/15 12/25 39/7 47/21 79/10 92/3 93/24

 94/12 98/15

individual's [1] 18/3

individuals [8] 11/17 12/14 14/11 15/11 22/13 30/9 92/15 93/8

industry [1] 40/20

ineffective [1] 69/10

infantry [1] 60/21

inferring [1] 101/22

influence [1] 81/5

influenced [3] 91/11 100/17 108/24

inform [1] 47/16

information [17] 5/6 10/12 10/17 33/2 36/2 36/5 49/12 70/19

 71/18 71/21 74/19 80/5 81/12 103/22 105/21 107/17 109/17

initial [2] 10/5 70/10

initiation [1] 96/18

injury [1] 66/9

inquiries [1] 8/22

inside [1] 11/7

insofar [1] 99/18

installation [1] 25/18

instance [2] 83/13 118/16

instead [2] 99/20 118/8

Institute [1] 51/11

instruct [9] 30/25 31/4 31/8 48/16 48/20 62/19 99/3 100/20

 103/24

instructed [2] 100/22 102/21

instructing [2] 106/19 106/20

instruction [3] 62/23 79/20 101/4

instructions [19] 3/5 10/13 10/15 24/1 62/24 77/7 83/1 84/13

 88/17 90/10 90/14 90/15 90/21 90/24 91/7 103/20 107/1 108/2

 111/11

instructs [2] 31/2 31/16

insulted [2] 20/10 89/1

Intel [1] 61/16

intend [1] 123/9

intended [3] 12/9 93/4 100/10

intending [1] 97/7

interactions [1] 14/13

interchangeably [2] 11/5 95/3

interest [2] 93/18 103/6

interested [1] 79/6

interesting [5] 17/18 28/10 28/13 73/12 73/13

interfere [2] 30/2 109/24

international [2] 50/3 53/4

Internet [14] 31/11 32/12 33/5 43/11 50/20 51/16 53/12 53/24

 55/2 57/24 61/22 105/15 106/10 107/5

Internet-based [1] 43/11

internship [1] 25/11

interpret [1] 100/10

interrupt [1] 121/24

interrupts [1] 67/21

interview [1] 25/11

interviewed [1] 18/7

interviewer [2] 36/24 52/11

introduce [3] 12/22 13/5 14/20

invalid [2] 126/9 126/13

invention [1] 66/12

investigation [1] 107/7

investment [2] 96/19 96/22

investor [1] 22/10

invite [4] 62/1 62/3 65/7 84/4

involved [6] 52/13 57/19 67/16 75/1 104/16 104/17

involvement [2] 41/11 59/23

involves [3] 39/6 47/21 103/22

involving [1] 37/7

iPhones [1] 106/8

is [418] 

Island [1] 49/20

isn't [1] 80/10

isotopes [1] 50/15

issue [11] 7/19 8/24 63/13 71/19 72/19 72/20 96/5 96/7 121/7

 127/9 129/20

issues [14] 29/4 30/19 31/24 47/11 72/11 103/22 104/17 105/2

 105/21 105/25 106/14 107/22 117/7 128/14

it [314] 

it's [12] 16/20 24/8 30/25 32/7 32/13 43/23 68/12 68/13 71/6

 76/1 81/13 120/5

its [7] 12/17 16/4 17/4 22/17 81/16 93/12 96/8

itself [2] 16/17 115/1

J

J-A-I-R-O [1] 25/9

J-A-R-E-N [1] 19/10

Jacobson [3] 2/4 4/15 13/17

Jairo [2] 19/6 25/9

Jamestown [1] 16/4

January [5] 118/22 119/1 123/21 124/1 131/6

January 2019 [2] 123/21 124/1

Jaren [9] 19/10 57/7 57/8 57/25 68/9 68/11 68/24 87/13 87/14

Jeff [2] 57/8 68/11

Jefferson [1] 16/8

Jeffrey [2] 19/10 26/21

jeopardize [1] 32/22

jeopardizes [2] 32/11 107/12

Jeremiah [4] 56/16 65/18 76/11 80/19

Jerimiah [1] 19/9

job [10] 28/2 30/25 31/3 31/4 35/19 50/11 50/12 59/21 60/13

 117/3

jobs [1] 51/10

John [5] 2/10 4/21 15/1 23/19 77/18

Jonas [3] 2/4 4/15 13/17

Josh [1] 15/3

Joshua [1] 15/6

jot [1] 32/5

judge [22] 1/14 4/21 9/17 14/18 14/25 30/25 31/2 31/16 36/4

 64/8 64/11 64/15 77/13 83/1 85/5 86/7 86/14 104/21 105/11

 112/19 113/12 114/5

Judge Simon's [1] 112/19

judge's [2] 31/4 69/6

Julien [3] 2/3 4/11 13/18

July [1] 16/7

July 4th [1] 16/7

juror [42] 10/14 15/20 17/19 17/24 20/3 20/5 21/13 24/7 24/14

 24/24 28/23 29/16 30/12 31/18 31/20 33/6 33/8 35/6 48/2 48/7

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 145 of 160
J

juror... [22] 48/17 48/24 49/7 49/8 49/12 49/14 72/14 82/11

 84/17 87/7 88/23 91/16 104/7 105/5 107/12 107/16 112/3 112/7

 112/8 112/11 112/19 112/21

jurors [44] 5/3 9/12 9/14 9/16 9/21 10/5 10/12 13/10 14/9 15/10

 17/23 18/6 19/20 20/8 20/24 31/1 62/5 63/6 64/3 64/20 64/24

 65/6 72/22 84/22 88/20 89/7 89/12 90/9 91/17 91/19 91/20

 91/23 91/24 91/25 103/15 103/17 105/23 105/24 106/3 108/14

 108/25 112/18 112/22 113/9

jury [106] 1/11 3/3 3/4 8/21 10/2 10/6 10/9 10/13 10/15 10/18

 15/24 16/5 16/14 16/15 16/18 17/5 17/15 17/17 17/25 18/4

 18/18 19/16 20/11 21/13 23/25 24/10 25/23 27/8 27/13 28/4

 29/7 30/18 30/25 31/4 31/14 31/20 32/24 33/6 33/15 33/17

 33/17 34/1 34/7 35/4 35/6 35/10 35/14 35/15 48/2 62/6 62/8

 63/3 63/14 63/14 64/22 65/3 74/22 74/23 77/3 77/6 77/7 84/3

 84/7 84/11 84/12 84/14 84/15 84/20 85/10 85/21 85/24 87/21

 87/25 89/2 89/6 89/25 90/1 90/2 90/5 90/8 91/13 91/15 91/21

 91/22 102/23 103/23 108/14 108/16 108/20 109/10 109/11

 109/12 109/15 111/11 111/14 111/19 111/20 111/25 112/3

 112/24 113/16 113/19 129/18 129/21 130/12 132/8

jury's [1] 31/3

just [70] 6/6 8/25 14/11 15/19 19/21 20/18 20/22 20/25 21/9

 21/21 23/8 24/21 26/24 29/17 30/23 35/23 38/7 39/18 41/5 42/9

 43/15 44/9 45/3 47/11 49/22 53/1 53/11 56/12 62/24 65/24

 66/13 67/14 68/13 68/15 68/16 68/22 71/4 71/6 75/23 76/1

 76/16 76/17 76/20 78/16 80/2 80/3 80/21 88/20 89/1 91/24

 92/19 99/9 104/23 105/3 106/21 107/24 107/24 108/9 108/20

 109/10 111/6 112/18 113/23 114/6 116/19 118/7 118/7 122/1

 122/21 131/24

justice [3] 17/22 48/1 52/8

Justin [1] 23/17

K

K-N-O-W-L-E-S [1] 19/12

K-O-S-K-I [1] 19/4

Kayla [2] 51/23 52/8

KCC [6] 117/23 117/25 125/10 125/14 126/5 127/5

keep [15] 8/23 10/19 20/19 21/18 42/8 78/10 103/15 108/13

 109/2 109/2 109/12 109/16 109/19 110/25 111/9

keeping [1] 106/24

Kennedy [1] 2/14

kept [1] 47/15

key [1] 113/1

kids [7] 41/20 41/21 51/10 59/20 60/20 60/23 65/15

kind [13] 33/17 43/7 44/16 53/1 68/19 70/4 70/7 73/14 76/6 76/9

 79/14 82/12 125/25

kinds [1] 101/14

King [2] 16/11 56/18

kitchen [1] 60/25

Klamath [1] 60/7

know [71] 5/5 8/3 8/18 9/3 13/11 14/10 14/12 15/10 15/12 15/14

 17/11 20/19 20/22 21/8 21/22 21/24 22/1 22/4 22/6 22/7 23/8

 23/8 26/25 27/4 28/19 29/20 30/8 30/10 30/20 32/12 32/21

 36/14 40/12 43/5 44/16 46/9 46/11 47/21 49/1 49/6 49/9 50/11

 67/17 67/22 68/4 69/22 73/17 73/18 73/18 74/15 74/22 77/23

 78/20 78/24 82/10 82/11 83/19 103/5 105/23 106/5 109/3

 113/20 115/25 116/6 116/11 120/5 120/8 120/9 120/16 127/2

 132/11

knowledge [8] 22/9 22/11 37/21 38/5 39/10 40/18 41/10 131/23

Knowles [11] 19/12 35/1 35/8 35/23 39/1 43/5 59/11 59/12 60/2

 87/17 87/18

known [5] 10/25 20/9 23/14 46/6 95/17

knows [3] 6/2 22/2 32/8

Kocher [1] 13/23

Koski [15] 19/4 53/15 53/16 53/25 68/25 69/2 73/2 73/3 77/16

 77/17 84/24 84/25 85/6 85/15 86/10

Kyle [9] 19/1 34/5 37/2 46/8 50/24 72/2 79/9 88/5 89/15

L

L-A-N-G-T-O-N [1] 19/8

L-A-U-N [1] 23/19

L-I-N-B-O-R-G [1] 19/5

labeled [1] 116/8

laborer [1] 55/11

lack [1] 93/17

Lake [1] 54/13

Lance [3] 23/16 60/21 132/14

landline [32] 8/10 11/6 11/8 42/1 42/2 42/4 42/6 42/10 42/11

 43/12 44/6 44/6 44/12 92/8 94/5 95/1 95/2 95/20 96/1 96/3 96/4

 96/4 96/14 96/15 114/15 119/14 120/15 121/4 121/8 121/9

 121/11 131/22

landlines [6] 12/1 92/22 95/18 95/22 95/23 97/12

landscaping [1] 58/12

landscaping/yard [1] 58/12

Langton [7] 19/8 38/7 55/22 55/23 79/24 88/10 89/22

laptop [1] 122/19

laptops [1] 106/8

large [1] 72/3

largely [1] 90/21

larger [1] 114/19

last [19] 7/11 7/21 8/8 8/11 23/23 38/20 52/2 60/12 78/19 86/11

 114/15 114/23 114/25 115/4 116/6 121/9 122/7 122/10 126/15

late [1] 34/18

later [7] 21/15 21/16 23/6 87/22 125/23 127/8 127/9

Laughter [1] 41/22

Laun [1] 23/19

law [52] 9/25 11/1 13/8 13/14 13/18 13/23 14/1 14/4 14/11

 14/24 15/12 17/3 17/9 17/22 20/6 21/21 22/5 31/1 31/2 31/3

 31/3 31/5 31/8 31/16 31/24 31/25 37/2 37/18 46/6 46/12 48/2

 48/16 48/20 67/16 67/17 67/23 68/3 75/4 91/5 91/10 92/5 94/8

 96/6 98/15 101/14 103/21 105/2 107/8 107/9 108/2 111/12

 127/25

Lawson [1] 13/22

lawsuit [14] 10/22 10/24 11/12 11/19 12/6 12/23 22/25 37/21

 37/23 67/6 68/18 92/2 92/18 93/1

lawsuits [8] 12/10 40/1 40/2 40/6 69/17 69/18 69/22 93/5

lawyer [5] 102/7 102/9 102/10 110/18 110/20

lawyers [29] 12/22 13/4 13/8 13/20 14/16 14/23 15/12 20/18

 21/20 22/1 22/5 27/3 28/20 31/24 32/6 36/10 62/18 65/1 99/1

 99/10 99/17 100/5 100/6 100/12 100/14 106/17 109/6 110/10

 112/22

lead [2] 59/6 117/5

leader [1] 54/24

league [1] 55/16

learn [2] 40/21 114/6

learned [1] 106/4

learning [2] 17/18 71/5

least [5] 45/19 46/1 72/5 80/14 112/13

leave [8] 5/7 62/11 68/14 108/15 108/18 108/20 112/25 130/14

leaves [2] 85/14 86/11

left [7] 9/23 9/25 55/16 58/15 62/10 75/11 108/16

legal [16] 31/1 31/7 31/17 33/9 35/19 35/20 36/2 36/6 36/12

 37/15 37/16 37/17 38/15 38/22 82/2 107/1

legally [1] 32/1

legislature [1] 47/6

Leif [1] 53/7

leisure [4] 51/13 56/9 61/2 61/18

length [1] 109/20

less [3] 8/16 40/25 124/16

let [49] 5/10 5/20 6/1 6/7 8/21 14/9 19/21 20/18 20/22 21/21

 24/23 26/6 26/13 26/15 26/24 29/6 30/16 40/10 40/16 42/3 42/8

 44/5 44/23 48/25 63/7 65/16 69/14 70/11 78/22 80/3 81/15

 83/24 90/13 98/13 101/18 103/14 104/1 104/3 104/23 108/15

 114/1 121/24 122/23 124/15 125/1 125/19 128/4 128/11 132/11

let's [26] 9/12 10/3 18/13 24/11 24/16 28/14 33/19 33/19 34/14

 36/1 37/22 40/3 40/21 42/8 42/15 55/22 58/8 66/17 70/13 70/21

 75/18 82/24 87/24 88/16 119/8 125/4

letter [1] 47/3

Level [1] 52/25

liable [1] 96/24

liberty [1] 17/1

license [1] 18/8

life [5] 27/18 57/9 57/17 66/10 106/13

lifestyle [2] 56/11 58/24

light [2] 102/5 103/10

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 146 of 160
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like [67] 5/7 5/14 9/16 12/22 20/17 20/19 22/20 24/21 24/22

 28/6 29/19 31/3 41/5 44/16 44/17 45/14 48/1 55/1 56/9 59/7

 60/15 62/9 62/13 63/16 65/18 66/25 67/4 67/9 68/4 68/25 69/9

 71/5 74/18 76/7 76/12 76/13 76/15 76/16 76/22 76/24 77/5 78/4

 79/16 80/10 80/19 80/21 80/23 80/24 82/1 83/3 83/8 84/16

 85/16 85/17 99/9 104/18 106/21 109/1 111/21 112/24 116/6

 116/16 122/23 127/16 127/21 128/6 130/14

likely [6] 18/15 29/23 75/21 76/2 76/20 76/25

likes [1] 91/11

Lile [1] 53/4

Lily [3] 2/6 4/13 13/19

limit [1] 100/25

limited [2] 101/1 101/2

limiting [1] 101/4

Linborg [7] 19/5 54/1 54/2 54/9 74/3 88/7 89/17

line [18] 11/6 11/7 43/14 79/10 79/12 92/8 94/5 95/1 95/2 95/19

 107/6 112/9 112/15 112/17 112/20 116/12 119/12 119/13

lines [9] 7/13 8/2 12/1 57/19 92/21 95/17 97/12 97/23 116/15

Linn [1] 49/24

list [22] 14/1 18/20 68/13 79/5 86/11 100/3 114/14 114/19

 114/22 114/25 117/24 117/25 121/8 121/17 125/10 126/6 126/7

 127/5 130/22 131/5 131/10 132/17

listed [2] 14/1 118/23

listen [5] 21/14 61/20 88/1 107/2 107/24

listening [1] 106/12

lists [1] 69/9

literature [1] 54/5

litigation [1] 93/18

little [16] 10/17 23/6 40/10 40/22 41/20 41/21 42/16 42/16 49/2

 51/15 74/12 75/23 90/22 115/25 118/7 125/19

live [40] 23/4 43/22 43/22 43/24 44/3 44/10 44/10 44/15 44/20

 44/24 45/6 45/7 49/20 49/21 50/25 51/2 51/20 52/22 53/17

 53/17 54/3 54/12 55/6 55/9 55/24 56/18 57/8 57/9 59/13 59/15

 60/5 61/7 65/14 72/6 72/16 73/4 98/23 99/5 99/10 99/20

lives [8] 49/23 49/23 49/24 58/8 58/10 58/11 60/7 60/7

living [3] 28/13 59/14 59/16

LLP [4] 2/4 2/10 2/13 2/16

local [1] 61/21

location [2] 43/7 116/13

locations [2] 12/11 93/6

long [10] 34/17 38/11 39/18 54/6 54/12 59/13 71/18 76/15

 96/15 129/7

longer [2] 13/25 79/5

look [21] 6/17 6/18 8/1 16/6 29/6 31/11 31/19 31/24 31/25 32/6

 32/10 33/7 62/10 62/10 62/16 71/19 71/21 101/19 106/15 117/6

 132/6

looked [1] 120/11

looking [7] 31/22 33/4 80/15 116/7 116/7 117/21 131/24

looks [1] 5/14

loosely [1] 19/17

LORI [8] 1/4 4/18 11/14 13/15 21/22 70/16 71/13 92/13

Los [1] 65/14

Los Angeles [1] 65/14

lose [2] 113/4 122/22

loss [1] 11/21

lost [2] 66/9 66/10

lot [11] 28/2 28/25 53/12 56/10 56/12 57/11 57/23 59/8 59/24

 66/11 83/18

lots [2] 31/10 67/20

love [2] 28/8 50/19

loved [1] 66/10

lunch [1] 29/12

Luner [3] 2/4 4/9 13/14

Lynn [1] 13/22

M

M-A-L-L-E-N [1] 23/20

M-A-T-L-O-C-K [1] 19/9

ma'am [3] 79/16 79/23 81/9

made [23] 5/23 12/15 12/19 22/15 22/19 24/12 66/7 73/25 78/5

 79/19 93/9 93/14 93/20 94/4 94/15 94/23 95/12 95/19 97/1 97/7

 113/21 113/23 126/11

magazines [1] 40/24

mail [1] 68/14

main [1] 43/9

major [1] 58/14

make [40] 6/16 8/21 11/3 24/13 27/16 31/6 31/14 31/17 32/17

 33/1 33/4 33/10 48/15 62/6 63/23 65/20 66/14 69/20 72/15

 82/23 83/5 83/16 89/2 91/23 92/6 93/21 94/1 94/18 96/15 107/6

 108/3 109/13 109/25 110/6 118/7 122/21 127/17 128/1 128/2

 128/10

makes [6] 11/2 80/24 82/4 92/6 101/14 114/4

making [21] 11/10 11/24 12/2 43/24 45/25 46/1 46/2 63/6 63/8

 67/9 68/18 73/22 83/18 92/10 92/20 92/22 96/17 97/11 97/21

 108/8 108/9

Mallen [1] 23/20

man [1] 87/25

management [1] 46/21

manager [4] 46/25 53/5 54/20 61/16

manner [3] 20/21 103/6 111/6

manufactures [1] 52/10

many [22] 12/10 16/11 29/1 31/11 40/2 40/6 41/18 42/11 42/14

 44/1 44/4 44/7 44/9 67/12 68/11 69/17 70/24 73/24 74/18 81/16

 93/5 103/2

mapped [1] 7/14

Marcelene [2] 19/2 24/19

March [1] 120/24

March 2019 [1] 120/24

marked [1] 123/10

marketing [4] 11/21 41/12 41/13 41/13

married [8] 49/21 55/7 56/19 58/7 60/6 60/20 61/8 65/14

marshals [1] 112/18

Mary [32] 9/19 10/7 18/13 18/19 18/25 20/25 26/21 32/6 48/25

 49/12 62/14 63/4 84/10 84/14 84/18 87/19 87/22 87/24 88/3

 88/16 89/5 89/12 90/1 106/6 108/12 109/5 111/19 111/22 112/3

 113/1 115/13 129/14

Mary Austad [1] 9/19

master [4] 125/9 126/7 130/22 131/5

master's [8] 50/2 51/4 51/5 52/7 56/3 56/4 60/10 60/11

Maston [2] 2/10 4/21

match [1] 126/5

matched [3] 125/22 126/2 127/5

materials [4] 64/15 64/19 107/6 132/7

Matlock [11] 19/9 56/15 56/16 57/6 65/16 65/18 76/10 76/11

 80/19 87/1 87/3

matter [2] 44/18 44/22

matters [1] 3/2

maximum [2] 109/14 109/25

may [81] 9/15 13/6 14/12 14/13 14/22 15/6 15/13 15/19 18/16

 21/8 21/14 23/3 23/7 23/9 23/14 24/4 24/22 26/12 27/21 28/10

 30/1 30/3 32/3 36/2 40/11 40/12 41/22 47/9 48/15 48/22 62/20

 65/5 68/5 78/4 80/16 86/17 90/18 90/24 96/8 96/10 99/3 99/11

 99/16 99/25 100/2 100/19 100/20 100/25 101/1 101/5 101/9

 101/20 101/24 102/1 102/10 102/12 102/12 102/18 102/23

 102/24 103/3 104/3 104/8 104/19 104/24 105/1 106/7 107/1

 108/11 108/18 109/8 109/21 109/22 110/16 110/23 113/17

 115/19 120/4 122/3 126/23 133/11

maybe [8] 34/10 40/1 74/12 81/20 83/7 83/11 112/11 129/18

MBA [2] 54/16 61/15

me [90] 5/10 5/20 6/1 6/7 10/1 13/16 14/9 14/18 15/4 18/21

 18/22 19/21 20/18 20/19 20/22 21/21 24/23 26/6 26/13 26/15

 26/24 27/2 27/5 27/21 27/22 28/21 29/6 30/16 31/7 31/17 33/4

 33/11 38/6 40/10 40/16 41/19 42/3 42/21 44/5 44/23 48/25 51/2

 58/17 63/7 65/16 65/18 65/23 66/4 66/6 66/7 68/14 69/14 70/6

 70/11 71/4 73/14 74/16 78/22 79/13 79/16 79/20 80/3 81/10

 81/15 82/22 83/24 88/1 89/9 89/11 90/13 98/13 101/18 103/14

 104/3 104/23 106/5 108/9 109/5 109/9 109/12 116/25 121/10

 121/21 121/24 122/22 124/15 125/1 125/19 127/24 132/11

mean [10] 32/18 41/23 65/17 71/18 77/19 81/9 93/20 95/25

 104/21 119/17

meaning [1] 96/8

means [17] 7/14 31/16 31/22 32/5 65/19 75/17 77/8 81/10 85/7

 85/11 96/17 97/16 98/17 102/12 102/20 105/13 105/14

mechanical [2] 52/9 53/20

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 147 of 160
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media [2] 107/3 107/18

medical [3] 29/4 53/21 58/16

medication [1] 58/25

medicine [5] 58/5 58/16 58/21 58/23 58/24

meet [1] 70/15

Mellon [1] 61/15

member [14] 22/12 39/9 39/12 47/6 47/6 51/11 51/25 80/8

 82/18 93/16 93/16 93/18 97/20 97/24

member's [2] 94/24 94/25

members [16] 12/2 23/9 35/18 41/14 42/15 77/3 82/12 82/15

 82/17 82/20 84/3 92/22 93/23 94/19 95/12 104/4

memories [1] 22/4

memory [5] 47/14 100/13 103/5 108/23 108/24

mention [3] 14/6 104/18 104/23

mentioned [9] 14/4 27/1 28/19 30/9 33/12 39/6 79/16 99/5

 107/16

merits [3] 93/20 104/2 105/25

message [7] 11/9 92/10 96/18 97/3 97/6 97/9 97/14

messages [2] 12/3 92/23

messaging [1] 105/14

met [3] 9/18 78/18 83/6

method [1] 78/17

MICHAEL [2] 1/13 9/18

Michael Simon [1] 9/18

Michigan [2] 41/19 60/19

microphone [10] 21/1 21/2 24/16 33/19 49/16 50/23 66/23 73/2

 76/2 114/12

mid [5] 29/11 29/14 34/18 35/2 61/25

mid-afternoon [1] 29/14

mid-morning [2] 29/11 61/25

middle [2] 58/10 101/25

Midland [1] 55/23

midnight [2] 128/2 130/11

might [21] 21/9 23/12 27/5 29/19 30/13 30/13 30/18 65/20 68/5

 72/18 74/13 76/11 81/4 82/20 83/8 102/17 104/9 104/10 107/14

 114/5 127/11

migraines [1] 24/22

mildly [1] 75/7

military [13] 49/25 51/3 52/24 53/19 54/4 54/15 56/2 56/20

 57/13 58/13 59/17 60/8 61/13

Miller [2] 2/16 15/5

million [5] 7/13 8/15 8/16 118/12 118/22

Milwaukie [2] 49/20 60/5

mind [7] 10/19 15/25 18/13 21/18 83/14 103/15 111/9

minimum [4] 20/19 109/2 109/13 109/20

minor [1] 55/16

minus [3] 85/9 125/16 125/17

minute [6] 62/25 64/2 86/3 86/5 86/15 122/10

minutes [18] 19/22 22/21 29/12 29/14 62/3 62/4 63/1 64/13

 66/2 75/10 77/14 84/5 84/6 84/10 84/18 84/19 90/9 94/10

missing [3] 25/10 28/9 82/17

mission [1] 59/22

Mississippi [1] 58/3

mistaken [1] 120/5

mistrial [1] 107/13

mixer [1] 53/3

mobile [29] 5/6 5/8 5/9 5/16 5/16 6/6 11/3 11/4 11/5 11/25

 41/23 41/24 42/6 43/16 43/18 43/20 44/2 92/7 92/20 94/24

 95/15 96/2 97/13 97/24 114/15 114/24 115/7 115/7 117/6

modeler [1] 51/9

modeler/data [1] 51/9

moment [5] 25/7 25/14 43/3 85/24 87/19

moments [6] 11/14 13/10 61/25 98/24 111/18 128/12

Monday [17] 7/15 23/24 24/6 24/11 25/12 25/18 27/8 27/13

 27/24 28/24 29/16 30/13 49/22 104/6 104/9 104/10 104/12

money [5] 10/23 33/14 66/11 73/22 73/25

Monica [2] 2/5 2/5

Monmouth [1] 59/13

Montana [2] 51/20 51/20

month [5] 40/25 61/12 120/23 121/10 121/25

months [3] 114/23 115/2 130/3

more [46] 11/24 18/14 18/17 22/21 40/11 42/5 43/13 43/14 44/5

 44/17 44/21 49/1 49/2 62/20 71/6 73/8 74/19 75/8 75/20 75/24

 76/1 76/6 76/20 76/25 86/5 87/9 87/10 90/22 91/20 91/21 92/20

 94/1 94/18 94/19 97/22 97/23 98/18 101/12 106/13 119/24

 123/10 126/23 129/24 130/4 130/4 130/12

morning [38] 4/11 4/13 4/17 4/21 4/23 4/25 6/3 7/20 14/25

 28/17 28/18 29/11 37/14 47/20 53/16 61/21 61/25 63/9 63/13

 63/20 65/11 65/12 69/20 77/6 77/17 87/22 100/8 101/19 106/23

 108/11 110/6 111/22 123/8 124/7 128/5 128/9 132/7 132/20

most [11] 16/24 17/5 43/19 57/17 58/3 59/9 59/25 66/3 71/25

 74/5 105/24

mostly [5] 16/7 43/10 54/8 58/11 69/10

motion [2] 123/2 127/18

move [4] 73/11 73/20 76/6 109/22

moved [4] 42/19 42/19 58/4 58/5

movies [3] 52/16 57/2 61/19

moving [1] 109/2

Mr [14] 26/25 27/15 57/6 57/7 74/22 76/3 85/15 87/8 87/17

 115/25 123/16 124/14 124/15 132/5

Mr. [101] 6/2 6/4 8/4 8/20 8/22 9/4 9/9 9/24 13/2 13/12 14/16

 14/17 14/20 15/6 15/9 23/15 23/16 23/17 23/18 23/19 23/20

 25/13 26/6 26/10 26/11 26/14 26/20 26/21 26/22 26/25 27/12

 28/11 30/7 30/8 50/23 51/17 51/18 52/19 53/15 53/25 56/15

 57/25 58/1 60/18 61/4 61/5 61/23 63/11 63/16 63/19 63/23

 64/16 65/9 65/16 68/9 68/24 68/25 69/14 71/23 72/10 73/2 73/3

 75/10 76/10 77/12 77/16 80/7 81/16 83/23 84/24 84/25 85/6

 85/12 85/15 86/10 86/10 86/21 87/1 87/3 87/6 87/13 87/14 88/5

 114/1 115/10 115/10 115/13 115/19 116/19 119/24 122/25

 123/9 123/14 124/11 124/12 125/1 128/11 129/1 130/14 130/21

 132/3

Mr. Altman [6] 26/25 27/12 60/18 61/4 69/14 86/21

Mr. Blake [1] 23/20

Mr. Curtis [1] 26/20

Mr. Davis [22] 8/4 8/20 8/22 9/4 9/9 63/16 63/19 63/23 64/16

 114/1 115/10 115/10 115/13 116/19 122/25 123/9 123/14

 124/11 124/12 125/1 128/11 130/21

Mr. Dennis [1] 9/24

Mr. Douglas [1] 58/1

Mr. Dovel [7] 13/2 13/12 65/9 75/10 77/12 80/7 130/14

Mr. Dovel's [1] 81/16

Mr. Foster [5] 14/17 115/19 119/24 129/1 132/3

Mr. Franzini [1] 6/2

Mr. Hauger [3] 50/23 51/17 71/23

Mr. Jaren [5] 57/25 68/9 68/24 87/13 87/14

Mr. Jeffrey [1] 26/21

Mr. John [1] 23/19

Mr. Joshua [1] 15/6

Mr. Justin [1] 23/17

Mr. Koski [9] 53/15 53/25 68/25 73/2 73/3 77/16 84/25 85/6

 86/10

Mr. Kyle [1] 88/5

Mr. Lance [1] 23/16

Mr. Matlock [5] 56/15 65/16 76/10 87/1 87/3

Mr. Neuls [2] 26/22 28/11

Mr. Noffsinger [5] 26/14 51/18 52/19 72/10 87/6

Mr. O'Neal [5] 6/4 14/16 14/20 15/9 83/23

Mr. Robert [1] 84/24

Mr. Rodriguez [3] 25/13 26/6 26/10

Mr. Scott [1] 23/18

Mr. Sedell [7] 30/7 30/8 61/5 61/23 85/12 85/15 86/10

Mr. Shawn [2] 23/15 63/11

Mr. Thompson [1] 26/11

Ms [2] 88/6 88/7

Ms. [68] 4/18 11/14 11/15 11/23 12/12 12/24 13/19 21/22 21/23

 23/2 24/20 25/7 26/2 26/15 26/16 26/25 27/10 28/16 30/3 39/7

 49/15 49/18 50/22 52/20 53/14 54/1 54/9 54/10 55/3 55/4 55/21

 55/22 60/3 60/17 68/7 71/2 74/3 80/7 80/13 81/18 88/2 88/8

 88/9 88/11 89/18 92/13 92/13 92/17 93/7 93/24 94/2 94/4 94/7

 94/7 94/11 94/14 94/20 94/24 95/7 95/13 96/1 96/3 96/9 97/20

 97/25 98/8 98/14 132/17

Ms. Amanda [2] 26/15 88/8

Ms. Bridget [1] 88/11

Ms. Cornett [4] 49/15 49/18 50/22 71/2

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 148 of 160
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Ms. Foltz [3] 24/20 25/7 26/2

Ms. Heberling [2] 60/3 60/17

Ms. Langton [1] 55/22

Ms. Lily [1] 13/19

Ms. Linborg [3] 54/1 54/9 74/3

Ms. Lori [3] 4/18 11/14 21/22

Ms. Lori Wakefield [1] 92/13

Ms. Rebecca [1] 88/2

Ms. Rebekah [1] 88/9

Ms. Sellards [2] 28/16 30/3

Ms. Shidner [2] 55/4 55/21

Ms. Stanley [5] 26/16 26/25 27/10 54/10 55/3

Ms. Wakefield [25] 11/15 11/23 12/12 12/24 21/23 23/2 80/7

 81/18 92/13 92/17 93/7 94/2 94/7 94/7 94/11 94/14 94/20 94/24

 95/7 95/13 97/20 97/25 98/8 98/14 132/17

Ms. Wakefield's [7] 39/7 80/13 93/24 94/4 96/1 96/3 96/9

Ms. Wallace [4] 52/20 53/14 68/7 89/18

much [31] 17/4 26/3 40/12 46/9 46/11 46/22 50/21 52/17 52/19

 53/14 53/25 54/9 55/3 56/14 57/22 58/25 59/10 60/1 60/17 61/2

 61/18 72/21 73/22 75/12 77/11 83/22 86/5 90/5 101/16 113/13

 113/22

multilevel [2] 11/21 41/12

multiple [5] 12/10 67/21 80/22 93/5 118/16

Multnomah [4] 34/6 50/6 50/8 56/5

Multnomah County [1] 50/8

music [2] 59/4 59/5

musician [1] 59/6

must [27] 31/1 68/2 78/17 91/7 91/9 91/11 93/21 94/8 95/6 96/5

 96/7 96/25 98/6 98/18 100/23 101/4 102/4 102/16 102/16

 102/20 103/19 103/21 107/19 107/25 109/3 109/18 130/15

my [115] 6/11 9/5 9/23 9/25 9/25 13/13 13/16 13/17 13/17 15/1

 15/2 15/4 18/13 24/21 28/25 29/1 30/25 36/21 36/23 38/9 38/19

 41/18 42/19 43/6 43/7 46/22 47/13 49/21 50/1 50/11 50/14

 50/15 50/15 50/16 51/10 51/23 51/23 52/1 52/4 52/7 52/11

 52/13 52/22 52/22 53/2 53/7 53/17 53/23 54/8 54/13 54/17 55/6

 55/7 55/10 55/12 55/14 56/1 56/7 56/10 56/18 57/9 57/10 57/10

 57/17 58/3 58/4 58/13 58/17 58/23 59/14 59/14 59/15 59/19

 59/19 59/20 59/21 59/23 59/25 60/9 60/12 60/14 61/8 61/8

 62/24 65/13 65/24 67/18 67/21 67/25 68/5 68/12 68/12 68/13

 70/15 77/15 78/11 78/13 79/11 79/13 79/14 81/2 82/5 91/7

 100/18 103/20 108/2 110/1 110/2 115/18 115/22 122/19 126/7

 128/4 128/8 128/12

myself [2] 46/13 64/11

N

N-O-F-F-S-I-N-G-E-R [1] 19/15

name [30] 13/13 15/1 15/3 21/6 21/9 21/10 24/18 33/20 34/4

 34/14 35/22 36/22 39/16 40/4 40/21 42/16 45/1 47/12 65/13

 66/22 67/14 89/13 109/4 115/17 115/18 115/22 116/16 126/14

 126/15 126/16

named [3] 11/13 39/18 92/12

names [26] 13/8 14/10 14/23 18/5 18/9 18/10 18/19 23/11 23/14

 23/21 27/1 27/2 27/5 28/19 28/21 30/8 30/10 31/22 31/23 31/23

 84/10 89/5 104/16 125/15 125/16 127/6

nanny [1] 50/15

narrow [1] 126/17

Nash [2] 2/16 15/5

Nashville [1] 49/23

nation [2] 16/3 16/25

national [2] 16/24 52/1

native [1] 57/9

nature [1] 73/10

near [1] 41/25

nearby [1] 112/8

necessarily [3] 96/15 103/1 103/12

necessary [1] 109/9

need [27] 18/16 21/18 24/3 28/3 29/15 29/16 29/18 30/1 30/20

 37/13 38/2 42/13 50/11 65/22 65/22 67/12 83/9 85/8 85/9 89/25

 106/5 106/10 111/14 113/20 113/22 129/10 132/2

needing [1] 30/22

needs [2] 29/16 88/24

negative [3] 40/1 40/14 41/2

neglected [1] 14/2

neighborhood [1] 50/25

neighbors [1] 23/9

neither [3] 12/17 22/17 93/12

netbooks [1] 106/8

network [1] 41/13

Neuls [7] 26/21 26/22 26/25 27/15 28/11 74/22 76/3

never [12] 8/4 29/20 52/24 53/18 58/13 59/17 67/5 78/18 97/8

 97/9 116/24 124/10

new [2] 6/4 8/16

Newberg [3] 51/20 52/11 52/22

newest [1] 67/19

Newport [1] 49/20

news [22] 50/20 51/15 52/17 53/12 53/23 54/8 55/2 55/20 56/12

 57/3 57/3 57/23 59/8 59/8 59/25 60/1 60/16 61/3 61/20 61/21

 107/2 107/18

newspaper [4] 51/15 60/16 61/3 107/21

next [7] 14/15 26/16 26/21 34/4 68/8 104/5 109/23

nice [1] 82/8

Nicholas [2] 2/16 4/25

Nick [1] 15/6

night [15] 7/11 7/21 8/8 8/11 61/21 78/19 101/21 101/25 114/16

 114/23 114/25 115/4 116/6 122/7 130/8

nine [1] 85/22

no [70] 4/5 7/4 7/15 7/16 8/3 13/25 14/14 15/16 15/17 15/21

 18/3 18/20 19/23 19/24 20/10 21/24 22/5 22/24 23/22 25/1

 25/20 27/6 28/22 30/24 31/8 32/8 33/11 34/13 37/18 39/23

 42/25 48/24 49/11 51/10 56/8 60/8 61/13 61/17 67/7 67/11 72/2

 74/2 75/2 78/15 79/5 81/6 83/8 84/24 85/10 86/3 86/14 88/2

 88/5 88/6 88/7 88/8 88/9 88/24 88/25 89/6 89/9 91/15 101/14

 108/17 112/4 113/4 122/21 129/7 132/1 132/4

no one [4] 20/10 32/8 88/25 108/17

No. [23] 18/21 18/22 26/17 26/20 26/23 28/15 30/7 49/14 84/24

 85/12 86/20 86/21 86/24 87/2 87/7 87/8 87/13 87/14 87/18

 88/10 88/11 113/4 113/5

No. 1 [1] 49/14

No. 10 [1] 87/2

No. 11 [2] 87/13 87/14

No. 12 [1] 86/24

No. 13 [1] 87/18

No. 15 [3] 26/20 86/20 86/21

No. 16 [4] 26/23 28/15 30/7 85/12

No. 2 [1] 113/4

No. 3 [3] 87/7 87/8 113/5

No. 5 [1] 84/24

No. 7 [2] 26/17 88/10

No. 8 [2] 18/21 88/11

No. 9 [1] 18/22

nobody [2] 62/23 106/20

Noffsinger [12] 19/15 26/14 36/23 40/23 46/11 47/13 51/18

 51/19 52/19 72/10 87/6 87/8

non [2] 6/14 106/11

non-related [1] 106/11

non-U.S [1] 6/14

none [1] 102/25

noon [1] 63/12

North [2] 2/11 61/6

northeast [1] 53/17

not [201] 

note [1] 108/15

note-taking [1] 108/15

notebook [1] 109/4

notebooks [4] 32/4 90/17 106/8 108/12

notes [9] 87/20 87/24 108/11 108/13 108/16 108/18 108/22

 108/23 108/24

nothing [6] 105/9 106/14 107/8 107/8 113/10 113/12

notice [1] 128/24

notify [1] 107/17

now [68] 8/15 10/11 10/16 10/18 11/12 11/19 12/5 12/22 13/4

 14/22 18/5 18/10 22/4 22/12 23/2 23/8 23/23 26/24 29/9 30/25

 31/6 31/10 37/13 40/10 42/1 42/9 44/5 44/14 49/1 51/21 52/4

 56/24 61/25 62/9 62/12 63/6 63/15 64/18 67/18 84/4 84/16 85/7

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 149 of 160
N

now... [26] 85/16 89/8 90/8 90/13 90/14 90/17 90/20 90/21

 91/18 92/12 94/16 95/4 95/24 99/16 99/25 102/6 102/22 103/14

 104/3 108/3 110/5 114/18 122/25 127/4 128/17 131/11

NPR [4] 54/8 59/9 59/25 61/20

NRA [1] 61/1

number [72] 5/16 12/6 20/8 37/7 42/23 42/24 43/1 43/8 43/9

 54/22 67/21 78/6 78/12 78/14 79/3 79/11 79/14 79/18 79/25

 81/1 85/21 85/23 92/7 93/2 94/14 95/10 95/10 96/1 96/9 96/10

 96/10 96/11 96/12 96/13 98/1 98/2 98/2 98/3 98/9 98/11 103/2

 103/12 109/20 115/7 116/12 118/17 118/18 119/9 119/13

 119/14 119/15 119/15 119/16 120/4 120/13 121/4 121/7 121/9

 124/18 124/23 125/3 125/11 125/11 125/14 125/20 125/21

 126/2 126/22 127/6 128/15 131/21 131/22

numbers [43] 5/22 5/23 5/24 6/6 6/12 6/12 6/14 6/15 6/15 6/17

 6/19 6/23 43/14 46/16 46/16 77/20 78/1 78/24 87/22 95/16

 113/23 114/24 114/24 118/9 118/9 118/13 118/22 119/4 119/10

 121/10 121/13 121/13 121/16 123/14 124/16 124/18 125/10

 125/25 126/9 126/12 126/12 126/13 126/17

nursing [2] 50/9 50/10

O

O'Neal [9] 2/10 4/21 6/4 14/16 14/20 15/1 15/9 77/18 83/23

oath [6] 9/19 10/5 10/8 19/22 91/6 99/9

object [2] 100/15 102/10

objection [17] 7/8 7/9 9/6 9/8 66/16 70/20 71/10 84/24 86/2

 86/3 100/17 100/18 102/10 102/11 102/13 102/16 131/17

objections [4] 6/4 86/6 86/12 100/14

objective [1] 7/17

obtained [1] 115/1

Obviously [1] 29/16

occasionally [1] 121/12

occasions [1] 16/12

occupational [2] 56/4 56/5

occurred [1] 88/21

OCN [2] 116/12 120/3

off [15] 24/2 38/20 57/18 66/10 79/5 82/5 84/1 107/6 107/23

 122/11 122/13 125/7 126/18 131/9 131/24

offended [1] 73/19

offenses [1] 73/18

offensive [4] 69/4 69/5 73/9 78/13

offered [1] 78/19

offers [1] 102/8

office [4] 18/10 42/21 44/7 58/23

officer [2] 17/12 52/2

offices [2] 14/5 53/6

official [3] 17/13 56/8 133/12

often [2] 11/1 36/24

oh [5] 5/16 26/17 75/7 76/16 90/19

okay [43] 14/15 15/19 15/22 22/12 27/6 27/17 29/6 31/13 34/13

 35/16 36/9 39/21 39/24 40/10 41/9 42/1 42/3 42/5 42/9 42/13

 43/19 44/5 44/14 45/14 45/16 45/18 46/5 46/10 49/12 63/23

 74/14 76/19 76/25 80/21 85/6 86/15 90/19 119/1 119/8 120/14

 121/21 124/6 128/10

old [11] 29/5 52/21 52/23 54/11 55/24 56/1 56/16 58/2 59/12

 61/12 115/14

old-fashioned [1] 115/14

oldest [3] 50/15 58/8 58/18

Omega [1] 54/23

on/prepared [1] 130/21

once [2] 9/2 70/5

one [106] 6/4 6/11 11/15 11/15 11/24 12/6 12/7 13/4 14/16

 15/17 15/24 16/8 17/5 17/6 20/10 24/22 28/7 32/8 32/24 37/14

 37/19 40/3 40/14 40/16 40/21 42/5 43/14 44/16 44/17 49/1 49/4

 49/15 49/22 50/2 52/23 59/16 62/1 62/3 62/20 66/10 67/18

 67/19 68/5 69/18 69/22 70/5 70/15 70/24 71/1 71/13 72/6 72/19

 73/4 73/6 74/4 77/5 77/7 80/20 80/21 81/5 81/14 81/22 82/21

 83/5 83/6 83/24 85/17 85/19 86/7 86/11 87/9 87/10 87/25 88/25

 89/3 92/13 92/20 93/1 94/1 94/18 94/19 97/22 97/23 99/16

 101/12 102/7 104/3 105/23 106/3 108/17 113/19 114/5 115/22

 117/25 118/14 118/21 119/1 121/7 121/24 122/16 125/4 125/11

 125/14 125/20 126/2 130/7

ones [1] 6/14

online [1] 107/6

only [32] 5/17 5/24 8/13 16/19 17/17 20/2 20/12 31/14 33/2 39/6

 52/14 73/18 75/20 80/8 81/18 85/8 89/2 91/14 99/22 99/25

 101/2 103/19 108/23 116/5 118/21 119/1 122/7 123/19 125/10

 126/2 126/11 126/17

oOo [1] 133/4

OPB [2] 52/18 56/13

open [12] 4/3 10/19 63/3 64/22 65/3 84/2 84/9 84/19 84/20

 103/15 111/9 113/16

opening [10] 63/9 63/15 100/7 100/7 100/9 110/6 110/7 110/10

 113/15 132/8

openings [1] 63/19

operating [1] 112/18

opinion [4] 74/13 74/15 90/25 110/2

opinions [5] 10/16 17/24 39/25 49/4 91/12

opportunities [1] 17/6

opportunity [8] 17/19 32/16 32/19 33/1 88/22 103/4 107/11

 127/17

opposed [4] 43/24 44/15 44/24 78/25

opposite [1] 42/3

opt [1] 79/4

option [4] 27/20 63/11 76/13 76/24

optometrist [1] 59/18

optometrists [1] 59/19

or at [1] 45/25

oral [1] 128/4

order [3] 18/11 91/15 102/18

ordered [2] 104/21 105/12

ordinary [1] 96/8

OREGON [21] 1/2 1/7 25/5 47/15 49/20 51/20 51/25 52/2 52/22

 53/8 55/6 55/10 55/24 56/17 57/9 58/5 59/13 59/13 60/6 60/20

 61/8

organization [2] 60/14 80/1

organizations [10] 50/18 51/11 52/13 53/9 55/17 56/8 56/25

 57/19 59/3 61/17

origin [1] 78/16

original [8] 7/3 120/4 123/9 123/17 124/19 127/4 131/9 133/8

orthodontic [1] 55/12

Oswego [1] 54/13

other [64] 5/12 6/5 6/12 9/1 11/2 17/11 24/12 24/25 29/17 40/3

 40/14 43/23 44/3 44/17 44/18 47/4 49/5 54/24 58/19 63/11 68/2

 69/19 70/25 71/1 72/7 72/7 72/19 73/5 80/16 81/6 81/19 82/6

 82/16 92/5 94/19 94/24 95/12 97/20 99/6 100/10 101/24 102/8

 102/9 103/8 103/10 103/21 105/15 106/8 106/9 106/21 107/5

 110/15 110/20 111/16 114/3 117/18 126/12 128/19 128/24

 129/6 129/12 129/16 130/3 131/25

others [5] 25/19 88/17 91/8 104/4 106/10

otherwise [3] 41/21 103/25 129/23

our [67] 4/18 5/2 9/18 9/23 10/11 13/14 15/23 15/24 16/2 16/3

 16/6 16/9 16/16 16/22 16/24 16/25 17/4 17/9 17/14 17/16 24/8

 29/15 31/1 31/7 31/17 38/20 42/19 43/6 48/1 49/23 50/9 58/8

 58/9 58/10 58/18 58/19 59/3 59/4 60/6 60/6 60/7 60/10 60/10

 62/12 63/13 64/3 64/15 64/16 73/11 73/15 74/17 75/20 77/6

 82/2 84/13 85/21 87/19 89/5 89/7 90/1 91/21 109/23 109/23

 112/18 113/8 113/19 132/14

out [46] 5/22 6/11 6/14 6/20 6/23 7/13 7/14 7/16 8/21 9/3 34/12

 42/15 42/19 43/6 48/25 49/12 50/10 52/4 52/17 55/19 57/3

 57/11 57/20 59/8 60/1 62/10 69/9 71/15 79/12 79/17 80/1 81/1

 86/9 88/18 91/8 96/11 106/3 108/12 109/4 112/3 117/20 118/6

 119/5 124/23 125/9 127/5

outcome [3] 39/19 93/18 103/7

outdoor [3] 55/18 56/9 57/22

outdoors [1] 61/2

outline [2] 83/2 110/7

outside [5] 57/20 101/19 106/5 107/17 109/9

over [17] 30/14 32/2 47/1 59/21 73/2 96/3 104/8 104/9 104/10

 105/6 105/7 105/8 105/17 107/15 123/11 123/19 131/15

overlapping [1] 82/14

overload [1] 82/3

overly [1] 108/24

overrule [1] 102/11

overruled [3] 71/11 102/11 131/18

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 150 of 160
O

overruling [1] 9/7

overview [1] 90/16

overwhelming [1] 75/22

own [19] 10/14 32/1 32/10 33/8 49/20 51/1 51/21 52/22 53/17

 54/13 55/6 55/25 58/7 59/14 59/14 60/6 60/20 61/8 74/13

owns [1] 55/13

P

p.m [4] 8/11 127/21 128/2 130/10

page [1] 81/11

pain [2] 24/21 25/6

panel [1] 84/3

paper [1] 5/11

paralegal [2] 37/15 61/11

parents [1] 57/10

parser [1] 126/23

part [19] 16/2 17/10 20/7 20/12 20/20 50/14 51/2 53/9 56/25

 57/13 66/7 70/17 76/19 79/25 89/1 99/4 102/25 123/22 131/14

part-time [2] 50/14 51/2

participant [2] 37/20 39/11

participate [4] 17/7 17/21 18/1 91/25

participated [1] 41/11

participation [1] 17/1

particular [5] 19/21 20/4 36/5 79/10 101/1

particularly [4] 35/14 35/15 39/25 41/1

parties [15] 12/23 28/20 31/23 32/23 32/25 62/18 88/22 95/24

 96/2 104/16 105/2 106/18 107/8 107/10 128/20

parties' [1] 48/12

partner [1] 15/6

party [12] 11/11 12/4 37/22 82/14 92/11 92/24 97/15 98/16

 98/21 99/10 107/11 110/8

pass [8] 32/5 48/25 49/12 50/23 73/2 106/17 108/12 112/3

passing [1] 79/14

past [4] 22/21 68/20 120/11 131/15

patent [1] 66/12

patient [1] 67/22

patients [1] 37/7

Paul [1] 129/14

Pause [2] 9/13 86/16

pay [5] 83/9 91/20 91/22 91/24 108/5

PC [2] 2/7 116/19

PCC [1] 36/12

pediatric [1] 56/5

peers [1] 17/25

pencils [2] 32/4 108/12

pending [2] 112/8 112/8

pens [2] 32/4 108/12

people [45] 10/3 10/3 12/10 14/10 14/11 15/11 17/15 18/5

 18/17 21/15 23/3 31/23 43/19 44/5 44/10 47/9 66/8 67/13 68/2

 68/18 70/17 71/16 71/25 72/16 74/5 74/19 75/19 76/6 76/11

 76/13 76/14 76/16 77/22 80/17 80/22 81/1 81/10 81/20 84/10

 85/7 85/14 85/16 85/21 85/23 93/5

people's [1] 80/20

peremptories [3] 85/9 85/16 85/17

peremptory [9] 20/10 85/25 86/22 86/25 87/5 87/9 87/10 87/16

 88/23

perfectly [1] 74/14

perhaps [2] 79/21 80/25

period [2] 24/10 40/24

permission [1] 79/13

permitted [1] 102/9

persistent [2] 78/12 80/4

person [41] 11/2 11/10 15/19 26/17 37/14 37/22 37/24 43/22

 43/24 44/3 44/15 44/24 45/6 45/7 46/15 47/10 53/5 67/20 71/13

 72/6 73/5 74/4 78/5 80/21 80/21 81/18 84/14 85/10 89/6 92/6

 92/10 96/20 96/25 99/16 99/17 99/23 105/13 110/11 110/12

 111/5 112/7

personal [7] 20/2 20/17 40/8 66/9 67/19 88/25 91/11

personally [5] 7/12 68/4 73/18 79/9 101/11

persons [1] 44/10

perspectives [1] 17/24

persuaded [1] 98/18

Phoenix [1] 2/11

phone [76] 5/6 5/24 7/24 8/10 41/5 41/23 42/7 42/11 42/25 43/1

 43/8 43/9 43/10 43/11 43/18 43/20 44/2 44/8 44/12 45/21 66/8

 66/13 66/25 67/17 67/19 67/20 67/20 67/21 68/12 68/12 68/13

 75/1 75/4 77/20 78/1 78/11 78/13 79/11 79/17 79/25 95/20 96/2

 105/14 114/14 116/12 117/14 118/1 118/3 119/9 119/10 119/13

 119/14 120/15 120/20 120/21 121/5 121/7 121/9 121/11 125/11

 125/11 125/14 125/17 125/20 125/21 126/2 126/8 126/22 127/6

 130/22 131/12 131/15 131/15 131/19 131/20 131/21

phone-based [1] 43/11

phones [10] 5/8 5/9 5/16 5/16 43/12 44/6 44/6 67/18 106/7

 131/11

phrase [2] 19/17 81/7

physical [3] 29/1 30/17 93/15

physically [1] 33/5

physician [4] 37/6 58/14 58/21 58/22

physician's [1] 60/11

pick [2] 64/12 82/3

Pierce [1] 37/3

place [7] 12/18 22/18 35/25 77/2 93/13 97/17 99/22

placed [1] 99/9

plaintiff [54] 1/5 2/2 3/6 4/8 4/10 4/14 4/15 4/18 10/23 11/13

 11/23 12/13 12/24 13/1 13/5 13/5 13/9 13/9 21/22 33/13 37/10

 37/22 38/3 49/5 62/2 63/18 64/4 64/13 65/7 83/6 83/10 83/11

 83/13 84/25 85/2 85/18 86/19 87/1 87/4 87/9 92/12 93/8 93/16

 94/7 94/8 95/5 98/14 110/23 111/2 111/8 113/8 113/10 122/25

 128/2

plaintiff's [11] 85/24 85/25 86/1 86/17 86/25 87/11 88/12

 110/10 110/13 110/18 130/11

plaintiffs [4] 12/8 38/9 38/19 93/3

plan [1] 84/5

planner [1] 51/8

planning [2] 51/6 60/10

plant [1] 58/25

plant-based [1] 58/25

play [10] 11/9 12/3 55/16 57/1 59/24 92/9 92/23 97/3 97/6

 128/19

played [1] 97/9

please [42] 4/8 10/7 10/8 10/10 10/16 14/20 18/19 18/24 21/1

 21/6 21/10 21/14 21/18 26/15 26/22 30/7 34/15 50/13 62/13

 62/15 62/21 66/17 66/23 83/25 86/17 86/22 87/5 88/19 89/5

 89/12 89/12 90/1 90/3 107/17 108/13 109/15 110/1 111/20

 111/25 113/4 113/18 116/25

pleased [1] 67/16

plenty [1] 111/24

plugged [1] 118/4

plus [3] 48/13 48/14 76/13

PMP [1] 54/17

point [5] 78/12 79/13 84/12 121/20 122/5

points [1] 18/2

poke [1] 122/4

Polk [1] 36/8

Pollock [1] 13/22

port [1] 131/21

portable [1] 106/8

porting [2] 131/20 131/24

Portland [15] 1/7 2/17 2/23 23/13 49/24 50/25 53/1 53/17 54/3

 55/24 58/9 58/9 58/19 58/23 60/8

position [1] 68/5

positive [3] 39/25 40/13 41/2

possible [7] 24/5 59/1 67/13 99/18 100/19 100/25 106/6

possibly [3] 8/18 23/23 30/22

postcard [1] 47/4

postgraduate [1] 59/18

potential [3] 20/24 21/13 112/6

potentially [2] 72/6 121/16

practice [2] 36/14 58/23

practices [1] 55/12

predominance [1] 78/15

prefer [6] 44/16 45/1 63/18 76/22 76/23 80/19

preferably [1] 127/25

preferences [1] 63/17

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 151 of 160
P

prefers [2] 44/20 44/23

prefix [1] 126/14

prejudice [2] 8/3 103/8

prejudices [1] 91/12

prejudicial [1] 122/6

preliminary [9] 3/2 3/5 24/1 77/7 84/13 88/17 90/10 90/14 90/23

prepare [2] 7/22 130/1

prepared [4] 99/13 124/13 130/21 131/5

preponderance [13] 75/16 75/20 77/5 77/9 94/9 94/12 94/15

 95/7 95/9 95/11 98/12 98/16 98/17

prerecorded [28] 11/9 12/3 12/16 22/17 43/24 44/3 44/13 44/15

 44/21 44/24 45/6 45/10 47/25 48/5 92/9 92/23 93/11 94/3 94/22

 96/24 97/2 97/3 97/4 97/5 97/8 97/14 97/18 97/23

preschool [1] 60/13

presence [2] 8/21 102/2

present [8] 63/3 64/22 65/3 82/14 82/18 84/20 99/21 113/16

presented [20] 10/20 31/15 32/25 48/3 48/8 48/14 71/19 81/12

 81/14 96/6 98/7 98/21 99/6 99/19 101/24 111/2 111/10 111/16

 129/13 129/15

presenting [1] 7/6

presiding [1] 35/6

pressed [1] 69/3

pressing [1] 45/21

pretrial [2] 122/2 123/22

pretty [6] 7/14 57/22 61/2 61/18 68/22 69/17

prevent [1] 67/17

prevents [1] 67/23

previewing [1] 7/11

previous [1] 26/12

previously [2] 23/5 35/14

primarily [5] 37/9 96/16 128/15 128/23 128/25

primary [1] 129/22

prior [11] 11/10 12/4 12/18 22/18 60/12 92/11 92/24 93/13

 97/14 97/16 97/19

privacy [1] 117/7

privately [2] 20/18 20/21

probably [13] 21/9 27/16 27/17 29/25 34/6 40/5 59/23 62/2

 63/10 92/19 98/19 113/25 128/9

problem [4] 30/18 73/6 83/12 108/10

procedure [7] 12/5 12/9 86/2 86/6 86/12 92/25 93/3

proceed [4] 110/5 113/25 114/3 122/3

proceeding [1] 93/19

proceedings [6] 1/12 9/13 84/2 86/16 107/13 133/7

proceeds [1] 32/4

process [20] 19/16 20/7 20/12 20/14 20/20 31/14 32/11 32/14

 32/23 32/24 38/15 38/22 39/2 47/20 71/7 89/2 90/7 91/4 107/14

 131/1

produced [4] 123/7 123/7 123/8 129/12

product [3] 22/23 39/17 61/16

products [6] 11/22 12/15 22/16 55/11 93/10 117/6

program [8] 36/12 50/7 56/6 124/22 126/8 126/16 126/18

 126/24

programs [1] 128/19

prohibition [1] 96/25

prohibitions [1] 95/14

prohibits [1] 97/11

project [5] 27/19 28/1 46/21 46/25 54/20

projects [1] 25/17

promoter [2] 22/9 81/3

promoting [3] 12/15 22/15 93/10

proof [7] 77/4 77/5 94/6 95/5 101/10 101/12 103/1

properly [1] 107/1

property [7] 38/20 51/22 62/11 84/7 96/19 96/23 112/25

propose [1] 72/22

proprietor [1] 25/22

prosecuting [1] 37/3

prospective [21] 5/3 9/12 9/14 9/16 10/5 10/11 13/10 14/9

 15/10 18/6 20/5 20/8 62/5 63/6 64/23 65/6 84/3 84/17 84/22

 88/20 88/23

Protection [6] 10/25 12/20 46/7 47/23 92/4 95/15

prove [16] 70/18 74/6 75/15 75/16 75/16 75/20 75/22 76/8

 76/20 77/1 77/8 83/12 94/8 95/6 96/25 98/10

proved [2] 83/11 102/3

proven [6] 76/23 94/11 94/15 95/8 95/11 99/3

provide [5] 45/17 67/22 96/6 102/1 122/17

provided [12] 5/7 82/6 114/15 114/20 114/24 114/25 118/12

 123/17 125/2 126/25 130/6 131/5

providing [1] 80/2

proving [3] 98/9 98/14 98/17

pry [2] 20/1 29/3

prying [1] 41/4

public [6] 15/23 36/16 96/12 112/24 114/23 115/3

publicized [1] 96/11

pulled [1] 120/22

purchase [2] 96/19 96/22

purchased [1] 39/18

purpose [7] 20/1 96/18 96/21 101/1 101/2 109/16 123/6

purposes [6] 42/12 48/10 64/16 85/11 106/11 112/4

pursuing [3] 52/7 61/9 61/10

put [7] 8/9 16/16 18/10 112/11 112/14 119/4 122/8

Pyle [3] 2/16 4/25 15/6

Q

qualifications [1] 19/20

Quarles [3] 2/10 2/13 15/2

quarter [1] 29/13

question [33] 20/17 20/24 32/5 32/16 38/21 47/13 49/1 66/17

 67/3 69/8 69/12 70/13 70/21 74/3 75/18 78/8 80/13 81/15 81/16

 82/24 83/14 100/16 102/8 102/12 102/14 102/16 102/16 110/16

 120/19 128/23 129/4 129/21 132/10

questioned [1] 110/13

questioning [2] 88/21 124/11

questions [59] 18/12 19/20 19/22 19/23 20/1 20/4 20/24 21/14

 21/18 21/19 32/3 32/7 48/19 49/17 62/2 62/4 62/14 65/8 66/3

 74/8 82/21 86/2 86/6 86/12 91/15 93/24 93/25 94/6 94/14 94/17

 95/4 95/10 98/1 98/4 98/5 99/11 99/11 99/16 99/24 100/14

 109/1 110/19 110/21 110/23 110/24 111/7 111/13 111/16 114/1

 114/7 115/10 115/23 116/5 122/24 122/25 128/7 128/11 130/15

 132/1

quick [1] 132/10

quickly [1] 130/18

quite [2] 40/6 69/21

quote [2] 97/6 97/9

quote/unquote [2] 97/6 97/9

R

R-O-D-R-I-G-U-E-Z [1] 19/6

radio [4] 51/15 56/13 61/3 107/20

Rafey [1] 13/21

rained [2] 101/21 101/22

raise [8] 7/19 10/7 20/25 21/23 29/17 30/23 44/22 108/9

raised [5] 6/5 21/17 44/9 48/22 67/5

ramps [1] 76/17

ran [4] 120/20 120/22 120/23 125/9

random [5] 18/6 18/9 18/11 18/17 76/16

randomized [1] 18/10

Rapp [1] 13/22

rare [1] 131/21

rather [2] 42/20 73/15

RDR [2] 2/22 133/12

reach [4] 34/1 34/7 34/11 35/2

reached [1] 34/22

reaches [1] 91/24

reaching [1] 99/25

react [1] 81/23

reaction [3] 69/25 70/1 70/10

read [21] 14/11 22/13 23/4 27/2 27/5 28/12 28/21 31/24 31/25

 40/8 40/9 40/12 50/19 89/5 99/15 107/2 108/17 110/22 110/23

 120/8 128/3

reader [3] 99/18 99/22 110/25

reading [14] 30/21 51/14 53/10 54/7 55/1 60/15 90/18 99/16

 99/17 99/23 99/24 110/11 110/24 132/6

ready [9] 5/2 49/18 63/12 63/25 64/23 87/11 87/15 112/1 115/17

real [4] 40/6 46/15 99/17 99/22

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 152 of 160
R

reality [1] 20/15

realize [1] 24/7

realized [1] 125/23

really [20] 17/18 29/24 32/13 44/18 50/18 52/14 59/25 62/6 66/6

 74/9 83/19 85/9 102/22 104/20 109/1 109/3 109/12 109/25

 113/20 130/14

reason [5] 20/9 67/11 68/2 88/24 102/5

reasonable [3] 75/23 76/8 77/4

reasonableness [1] 103/9

reasonably [1] 18/15

reasons [1] 16/8

reassigned [1] 121/13

Rebecca [6] 18/23 33/21 49/19 71/4 88/2 89/14

Rebekah [7] 19/7 36/11 42/18 55/5 81/10 88/9 89/21

recall [4] 22/22 39/21 91/6 108/4

receivable [1] 53/5

receive [9] 18/7 44/7 44/16 73/10 78/15 106/25 107/10 124/3

 124/8

received [28] 7/10 12/14 22/14 31/15 37/16 43/17 43/21 44/1

 44/19 48/20 52/1 91/3 93/9 98/25 100/1 101/8 102/7 102/13

 102/15 103/20 108/1 118/14 118/21 124/1 124/4 124/10 131/4

 131/7

receiving [3] 45/22 45/24 47/15

recently [1] 122/1

recess [8] 29/14 29/17 62/25 64/2 64/15 64/21 132/20 132/21

recommend [1] 112/11

record [14] 4/8 12/18 21/10 22/18 84/1 93/12 102/19 114/10

 115/17 116/2 119/25 122/5 128/18 133/7

recorded [1] 99/12

recording [1] 46/17

records [9] 14/7 125/20 129/9 129/10 129/11 129/11 129/15

 130/3 130/23

recross [1] 110/21

ReD [1] 3/6

redirect [1] 110/19

reduced [1] 6/24

refer [4] 47/9 92/19 126/20 126/21

reference [1] 107/6

referred [2] 11/1 92/4

referring [1] 131/1

reflect [1] 18/3

reflects [2] 16/25 93/17

refrain [1] 33/4

regarding [2] 90/25 95/10

regardless [3] 95/16 95/20 98/21

registered [3] 96/9 96/10 96/13

relate [1] 128/15

related [6] 14/13 15/11 56/11 61/18 80/16 106/11

relating [1] 37/17

relationship [1] 131/12

relationships [1] 15/17

relatives' [1] 51/22

relax [2] 84/21 111/25

relevant [1] 109/17

relied [1] 118/24

religion [1] 16/23

rely [4] 53/12 71/14 108/22 117/25

remained [1] 126/12

remaining [3] 85/23 90/12 122/24

remains [1] 87/20

remember [14] 6/1 34/2 34/19 34/22 39/19 41/18 46/22 56/17

 62/15 64/25 66/22 69/16 90/19 100/12

remind [3] 19/21 21/11 21/19

remodeler [1] 53/23

removed [1] 126/14

removing [1] 125/15

rent [3] 54/3 55/25 56/18

repeat [4] 30/10 37/13 38/2 117/9

repeatedly [1] 78/10

rephrase [4] 117/13 120/19 121/6 124/25

replace [1] 21/15

report [2] 7/24 8/10

reporter [5] 2/22 9/23 21/4 99/12 133/12

represent [2] 13/9 14/24

representation [1] 72/12

representative [14] 12/6 12/7 12/12 12/25 15/2 39/8 39/12

 70/24 72/3 73/7 93/1 93/7 95/5 95/8

representatives [3] 12/7 14/21 93/2

representing [1] 13/5

request [1] 110/1

requests [1] 46/15

require [1] 107/14

required [2] 19/24 54/25

requires [1] 107/9

research [7] 32/1 32/21 33/8 62/17 91/18 106/15 107/4

researching [1] 56/10

reserve [1] 9/5

residency [1] 58/5

residential [27] 11/6 11/6 11/7 12/1 12/1 92/8 92/8 92/21 92/21

 94/4 94/5 94/25 95/1 95/2 95/2 95/17 95/17 95/21 95/22 96/4

 96/8 96/10 96/13 96/16 97/12 97/12 97/23

resolve [3] 16/1 17/9 17/15

resolves [1] 17/13

respect [3] 81/11 109/13 131/11

respected [1] 17/25

respectful [1] 18/1

respond [3] 107/11 128/2 128/13

responding [1] 105/21

response [6] 20/25 21/8 21/11 21/17 104/24 130/11

responses [1] 21/6

responsibility [2] 17/17 48/18

responsible [1] 9/21

rest [4] 30/2 78/22 80/11 111/20

restrictions [2] 107/9 107/12

restroom [2] 62/21 106/19

result [2] 91/24 107/13

results [4] 88/23 116/10 119/18 119/19

resume [1] 64/3

resumed [1] 84/2

retail [1] 57/16

retired [6] 36/4 57/10 59/20 60/12 60/24 60/24

retirement [1] 60/12

retrieving [1] 64/19

return [2] 107/2 113/4

returning [1] 83/12

revised [1] 132/12

Revolutionary [1] 16/11

Revolutionary War [1] 16/11

ReX [1] 3/6

Rhode [1] 49/20

Rhode Island [1] 49/20

Richman [1] 13/25

rid [2] 126/12 126/13

right [82] 5/10 5/15 5/18 6/11 7/5 8/20 9/23 9/25 10/7 10/16

 14/19 15/15 15/24 16/5 16/12 16/15 16/16 16/18 16/19 19/23

 21/20 22/24 23/8 23/22 26/1 26/2 26/24 27/7 28/9 28/10 28/14

 30/16 31/10 32/12 32/14 35/13 35/17 43/16 44/4 45/11 47/19

 50/21 61/23 61/24 62/9 62/10 62/12 63/5 64/2 65/6 67/6 70/8

 74/23 75/1 83/21 83/22 84/16 84/21 87/9 87/19 87/24 87/25

 88/17 89/24 106/16 106/21 106/25 111/2 113/6 113/13 114/8

 114/17 114/18 115/8 115/9 122/19 127/16 131/8 132/2 132/5

 132/6 132/19

rights [4] 16/18 16/20 16/21 68/6

ripped [1] 66/10

RMR [1] 133/12

Robert [7] 19/4 19/14 25/16 53/16 69/2 77/17 84/24

robocalls [2] 47/9 78/19

Rodriguez [5] 19/6 25/9 25/13 26/6 26/10

role [1] 128/19

rolls [2] 18/8 18/9

room [17] 2/23 64/17 91/13 105/15 107/22 107/24 108/14

 108/16 108/21 109/12 109/15 111/15 111/19 111/20 111/25

 112/3 112/24

roommates [1] 56/18

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 153 of 160
R

rough [1] 82/8

row [18] 17/20 17/21 18/21 18/21 18/22 24/17 24/17 25/15 26/2

 34/13 34/14 36/20 46/18 46/19 89/9 89/10 89/10 125/25

rude [4] 62/24 106/21 106/24 112/17

rule [5] 17/3 17/9 127/25 128/14 129/17

Rule 1006 [3] 127/25 128/14 129/17

rules [4] 100/16 102/6 102/10 109/18

ruling [4] 100/18 100/18 128/5 128/8

run [7] 8/16 42/14 42/14 42/15 43/6 59/7 119/8

running [3] 28/2 118/18 125/13

RV [1] 51/21

S

S-H-I-D-N-E-R [1] 19/7

safest [1] 29/25

said [20] 20/16 20/21 21/5 24/8 37/14 38/3 69/16 69/20 73/9

 77/19 78/18 98/9 98/13 102/18 110/3 112/20 123/14 130/3

 130/25 131/13

sailor [1] 53/23

Salem [2] 52/5 57/19

sales [4] 53/7 57/16 78/17 81/3

same [24] 12/10 22/4 32/19 33/2 38/21 41/24 42/24 59/15 62/13

 68/1 80/15 80/23 81/11 82/12 93/5 95/25 99/20 106/23 107/10

 110/25 111/6 130/22 131/2 131/14

San [1] 2/8

Santa [2] 2/5 2/5

Sasaki [1] 15/6

satisfaction [1] 38/14

satisfied [7] 38/15 38/16 38/17 38/22 38/24 39/2 129/9

save [1] 109/23

saw [1] 101/11

say [29] 10/8 27/17 29/18 36/5 37/22 62/21 62/22 73/8 73/13

 74/18 83/8 90/19 90/24 100/7 100/8 100/9 100/11 102/10

 102/11 103/14 105/1 105/3 105/11 106/13 106/22 106/22

 120/21 129/6 129/7

saying [5] 73/14 74/19 76/16 90/21 102/13

says [11] 6/17 16/12 78/18 102/25 116/11 116/12 116/12

 116/13 116/13 116/13 116/14

scams [1] 47/16

schedule [3] 25/11 29/15 90/12

scheduled [1] 23/23

school [9] 36/11 36/13 51/7 55/15 56/7 56/21 57/15 60/23

 60/25

science [3] 53/20 55/15 60/11

scientist [1] 51/9

Scott [2] 13/23 23/18

Scout [1] 57/14

Scouts [1] 54/24

scrambling [1] 122/8

search [1] 116/17

SearchBug [8] 115/5 116/10 116/18 116/22 118/10 119/17

 119/19 119/22

searching [1] 107/5

seat [28] 17/20 17/21 18/20 18/21 18/22 26/14 26/16 26/17

 26/18 26/20 26/22 28/14 30/7 52/3 84/24 85/12 85/15 85/21

 85/23 86/10 86/10 87/2 87/13 87/21 88/2 89/8 89/10 115/16

seated [6] 9/15 10/10 65/5 84/6 88/19 90/3

seating [1] 87/23

seats [2] 18/18 89/9

second [14] 17/21 24/1 24/17 26/16 46/19 54/19 85/25 86/25

 87/5 89/10 103/19 121/24 128/1 132/16

secure [1] 112/23

secured [1] 113/3

security [4] 112/9 112/15 112/19 117/7

Sedell [10] 30/6 30/7 30/8 61/5 61/6 61/23 82/8 85/12 85/15

 86/10

see [44] 5/10 5/14 5/15 5/17 14/14 15/16 16/8 21/24 22/24

 23/22 27/6 27/23 30/24 31/8 31/10 31/12 32/15 32/20 33/11

 37/18 42/8 48/14 48/24 49/11 57/2 57/4 57/4 57/23 58/8 65/1

 72/24 73/4 76/11 78/23 82/18 83/24 101/6 101/19 103/4 108/7

 114/24 126/9 127/21 132/7

seeing [2] 101/22 105/19

seek [4] 52/17 57/3 59/8 60/1

seeks [1] 10/23

seem [1] 76/24

seems [2] 76/12 131/21

seen [2] 8/5 101/5

select [4] 23/25 49/7 62/7 77/6

selected [20] 10/14 10/18 17/19 18/6 18/7 18/9 18/11 25/24

 27/9 27/13 27/21 27/23 28/23 30/12 31/18 35/5 48/7 48/17

 88/24 104/7

selecting [1] 63/13

selection [2] 3/3 19/16

selections [1] 62/6

self [5] 17/8 17/10 17/14 17/15 25/16

self-employed [1] 25/16

self-government [4] 17/8 17/10 17/14 17/15

Sellards [3] 28/14 28/16 30/3

selling [1] 40/24

sells [1] 11/21

semiconductor [1] 28/1

send [2] 64/18 88/18

senior [1] 53/21

sense [4] 6/16 80/24 102/5 114/4

sent [1] 47/4

separate [9] 6/12 6/19 11/16 16/20 42/23 42/25 43/1 43/8 92/14

separated [2] 55/25 106/24

serial [1] 80/9

serious [1] 24/10

seriously [2] 17/25 24/13

serve [5] 24/14 27/8 27/12 28/24 54/15

served [13] 24/24 25/23 28/4 29/7 33/15 33/18 34/5 34/10 35/13

 56/20 58/13 59/17 74/22

serves [1] 112/4

service [12] 17/5 17/17 26/12 30/18 33/7 35/10 45/17 51/3 60/8

 61/13 90/6 126/19

services [9] 12/16 22/16 50/5 54/21 78/20 79/4 93/10 96/20

 96/23

serving [4] 20/11 51/25 52/4 81/3

session [1] 101/6

set [9] 4/4 10/14 42/21 83/16 90/15 90/20 113/20 113/24 116/15

sets [1] 113/18

settlement [1] 16/3

settlers [1] 16/5

seven [1] 87/25

several [2] 83/11 99/15

shadow [1] 76/23

share [2] 70/9 128/12

shared [2] 16/22 16/25

sharp [2] 111/21 113/14

Shawn [5] 3/7 7/7 23/15 63/11 115/18

she [21] 9/19 33/14 36/24 39/8 41/19 49/22 58/15 60/8 60/24

 61/9 61/9 61/9 61/10 62/14 80/14 95/6 95/11 98/10 109/5

 111/23 111/23

sheet [1] 77/15

Shelley [6] 19/8 38/7 55/23 79/24 88/10 89/22

Shidner [9] 19/7 36/11 42/18 55/4 55/5 55/21 81/10 88/9 89/21

shoe [1] 81/22

short [1] 40/24

should [39] 14/2 20/5 20/10 49/9 69/5 69/11 69/14 73/15 73/23

 75/22 76/7 76/17 79/6 85/12 88/25 90/23 91/1 93/15 93/17

 96/21 98/20 99/19 100/17 101/13 103/16 108/16 108/22 108/24

 110/3 111/9 113/6 113/8 122/10 126/20 127/24 128/3 128/9

 129/19 130/9

shouldn't [2] 69/23 104/25

show [11] 14/12 15/7 15/13 15/15 24/15 27/4 76/1 84/14 110/9

 111/23 113/2

showing [1] 75/20

shown [1] 91/19

shows [2] 18/25 82/19

shred [1] 108/19

SI [2] 1/5 4/5

side [18] 20/7 49/5 62/18 62/23 63/17 83/24 83/25 85/8 102/7

 102/9 109/10 110/6 110/16 110/20 128/24 129/12 129/16 130/3

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 154 of 160
S

sidebar [3] 65/1 84/1 84/23

sides [10] 9/12 20/13 32/16 32/18 48/9 63/7 63/9 89/3 99/1

 127/17

sidewalk [4] 101/20 101/23 102/1 102/2

sign [1] 109/4

signature [3] 133/9 133/9 133/9

signed [4] 16/7 78/13 97/16 133/9

significance [2] 99/22 128/21

significant [1] 81/17

significantly [1] 129/24

signing [2] 80/1 133/6

Silver [1] 57/20

Silverton [1] 57/20

similar [5] 12/8 70/5 81/13 82/19 93/3

similarly [2] 11/17 92/15

SIMON [5] 1/13 2/3 4/9 9/18 13/17

Simon's [1] 112/19

simpler [1] 118/7

simply [3] 105/3 109/17 110/7

since [6] 16/2 52/3 85/8 115/13 125/25 126/1

single [3] 54/4 56/19 91/8

sir [4] 30/15 39/16 79/8 80/18

sister [1] 37/2

sister-in-law [1] 37/2

sit [10] 18/24 18/24 19/20 24/10 26/16 26/22 41/21 76/14

 111/24 114/12

sitting [6] 23/4 26/18 62/11 70/3 72/4 85/7

situated [2] 11/17 92/15

situation [2] 24/20 82/12

six [5] 50/7 55/7 55/9 56/1 85/9

six-year-old [1] 56/1

skeptical [1] 73/14

skiing [1] 51/14

slighted [1] 89/1

slowly [2] 116/1 119/25

small [5] 12/6 38/7 38/9 39/1 93/2

smartphones [1] 106/7

so [117] 5/13 6/19 6/24 7/19 8/6 10/6 15/10 15/17 16/15 17/8

 18/14 18/19 20/16 20/19 21/5 21/10 21/16 21/18 21/20 24/22

 29/21 30/23 36/24 37/14 38/2 42/20 42/22 44/19 47/20 48/12

 49/18 57/11 59/18 62/25 63/25 66/19 67/22 68/4 69/11 69/20

 71/5 71/6 73/12 76/25 78/14 79/13 81/12 82/3 84/7 84/12 84/25

 85/6 85/11 85/14 85/22 86/7 86/9 86/12 89/5 89/9 90/7 90/16

 91/6 94/2 94/3 94/21 94/23 95/20 96/15 105/3 105/17 106/5

 106/20 108/5 109/2 109/13 109/23 109/24 111/4 112/1 112/14

 112/22 112/24 113/2 113/13 113/25 115/1 116/25 117/4 117/23

 118/9 119/4 119/10 120/14 120/22 120/24 121/4 121/6 121/16

 124/14 125/7 125/9 125/11 125/13 125/19 125/20 126/5 126/6

 126/11 126/11 127/9 128/25 129/19 130/8 130/16 130/25 131/7

socially [1] 105/23

society [1] 17/9

sociology [1] 50/1

software [1] 8/17

sold [1] 79/11

sole [3] 25/22 72/12 123/6

solely [5] 48/7 48/19 91/9 101/7 108/1

solicitors [1] 77/21

some [74] 6/4 7/24 8/9 10/12 12/22 17/13 18/12 18/16 21/14

 21/15 23/2 23/12 23/14 25/18 29/8 29/20 29/21 32/3 34/3 36/2

 37/10 37/11 37/15 37/25 44/5 45/19 45/21 45/21 45/25 46/1

 46/2 47/9 48/15 48/18 58/19 62/2 62/4 65/8 66/8 66/8 66/13

 67/23 75/1 75/19 77/7 78/20 81/1 81/2 82/14 82/17 90/10 90/18

 90/22 91/8 94/13 96/14 99/5 100/25 106/7 108/8 110/18 110/20

 110/23 110/24 111/3 112/3 114/1 114/6 114/7 116/5 121/13

 127/25 129/4 129/6

somebody [7] 37/23 66/9 69/7 78/24 79/3 107/24 113/17

somehow [1] 81/2

someone [13] 20/3 38/20 44/3 64/18 65/19 66/10 66/11 67/9

 74/13 78/25 79/18 101/25 131/21

something [25] 20/22 27/18 31/12 32/10 32/15 39/19 57/4 63/7

 66/5 66/7 68/18 74/16 75/8 77/8 80/1 83/3 85/22 105/1 106/4

 107/20 107/20 109/3 112/17 122/22 131/14

sometimes [12] 32/12 32/12 41/12 41/13 43/21 52/18 92/4 93/1

 102/18 109/11 112/9 112/10

somewhat [2] 24/7 38/16

somewhere [3] 25/2 35/12 120/9

son [11] 43/6 49/23 50/15 52/23 53/7 55/10 56/1 56/7 56/10

 60/7 60/10

soon [7] 10/2 19/19 26/4 63/13 64/25 106/5 130/14

sorry [6] 7/2 25/6 26/9 26/17 64/8 105/4

sort [9] 7/13 7/16 17/13 30/23 49/1 59/1 75/15 79/25 121/19

sorts [1] 46/21

sound [4] 23/11 23/21 29/19 116/15

source [3] 22/25 59/25 60/16

sources [11] 50/20 51/15 52/17 53/13 54/8 55/20 57/3 57/23

 59/8 61/3 61/20

South [1] 61/7

sparked [1] 47/13

speak [8] 19/18 20/21 49/15 97/6 114/12 116/1 119/24 130/18

SPEAKER [1] 15/21

speaking [1] 21/2

special [2] 33/17 56/3

specialist [3] 117/1 117/8 117/10

specializing [1] 55/12

specific [3] 18/24 71/9 71/12

specifically [2] 40/11 116/7

specifics [2] 46/11 127/24

speculate [1] 98/7

spend [1] 59/22

spending [2] 73/15 74/17

spent [1] 7/12

spin [1] 81/16

spit [2] 124/23 125/9

spits [3] 117/20 118/6 119/5

split [1] 129/4

Spokane [1] 60/5

spoke [1] 97/9

spoken [1] 30/22

Sportsman's [1] 57/17

spouse [5] 36/21 36/23 51/23 52/7 52/11

spouse is [1] 51/23

spouse's [1] 50/11

spouses [1] 37/25

sprayed [1] 102/1

spreadsheet [9] 8/15 116/7 116/9 118/6 119/6 119/8 122/9

 122/18 123/4

spreadsheets [6] 8/14 8/17 118/2 118/3 125/8 131/9

Stage [1] 58/9

stake [2] 73/17 75/5

stamina [1] 29/1

stand [5] 10/7 13/15 23/4 115/16 120/3

standard [1] 77/4

stands [3] 120/4 120/5 120/8

Stanley [12] 26/15 26/16 26/18 26/25 27/10 46/20 54/10 54/11

 55/3 81/25 88/8 89/20

start [18] 12/24 18/20 24/2 29/11 33/19 35/9 49/14 65/16 66/5

 66/21 90/17 105/24 105/25 106/2 107/14 111/21 113/14 125/5

started [1] 114/22

starting [1] 64/13

state [10] 24/18 25/4 34/14 42/20 45/1 47/6 47/7 66/22 67/14

 116/14

statement [4] 63/15 108/8 110/6 110/7

statements [8] 63/9 100/5 100/7 100/8 100/9 110/10 113/15

 132/9

STATES [9] 1/1 1/14 2/22 9/17 12/14 16/24 22/14 90/6 93/9

stating [1] 21/6

status [1] 121/4

statute [1] 10/25

stay [1] 112/7

staying [1] 51/22

Stefan [2] 14/4 14/5

step [1] 84/17

Stephen [1] 13/23

Stewart [1] 13/22

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 155 of 160
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still [7] 6/20 7/20 14/7 21/13 22/4 52/4 109/11

stipulated [2] 95/24 95/25

stipulation [2] 48/9 114/6

stipulations [4] 48/9 48/12 99/2 100/2

stole [1] 66/12

stop [12] 45/20 45/21 45/22 45/24 46/1 46/1 46/2 46/4 46/13

 46/14 68/18 79/16

story [1] 41/19

Street [1] 2/7

strength [1] 29/2

stretch [2] 41/16 41/17

stricken [3] 100/20 100/22 102/18

strike [4] 86/18 87/12 87/16 100/20

strong [7] 29/5 39/25 40/3 40/13 40/15 41/1 72/13

student [1] 25/10

studio [1] 55/13

stuff [4] 57/2 70/4 71/14 114/6

subject [1] 73/3

subjectivity [1] 82/16

subsequent [1] 118/19

subset [1] 114/19

successful [4] 45/25 46/2 46/3 46/4

such [18] 12/16 12/18 12/19 22/16 22/18 22/22 53/5 93/11

 93/13 93/14 94/2 94/4 94/21 94/23 101/10 101/24 107/4 129/25

sued [1] 37/24

suffered [1] 66/9

sufficient [1] 129/16

suggests [1] 81/21

suing [1] 37/23

suitable [1] 20/3

Suite [4] 2/5 2/7 2/14 2/17

summaries [8] 9/1 9/2 118/16 118/19 118/24 128/16 129/22

 130/21

summary [23] 7/18 8/12 8/19 9/1 118/17 118/21 122/11 122/12

 123/3 123/9 123/10 123/12 124/16 124/21 128/14 128/20

 128/22 128/24 129/5 129/17 129/18 129/19 129/21

summoned [3] 10/6 15/20 90/4

summons [1] 18/7

Sunday [2] 123/7 124/4

supervisor [1] 50/7

supplements [2] 11/22 59/1

support [1] 128/22

supports [1] 91/17

sure [18] 5/23 7/21 8/12 14/25 38/8 53/2 63/23 82/23 83/6 89/2

 91/23 114/13 118/14 119/21 122/21 125/7 128/10 131/7

surf [1] 82/9

surprising [1] 73/7

sustain [2] 102/13 102/15

sustained [3] 66/17 70/21 102/14

sustaining [1] 9/7

SW [2] 2/17 2/23

swear [2] 89/25 90/1

sweepstakes [1] 47/15

sworn [6] 3/4 10/9 90/2 98/22 99/8 115/15

sympathy [1] 91/12

system [14] 15/24 17/7 17/14 17/22 31/1 31/7 31/18 35/19

 35/20 36/2 36/6 48/1 82/2 91/21

systems [2] 47/1 54/21

T

T-H-O-M-P-S-O-N [1] 19/14

table [1] 123/2

Taco [1] 56/23

tactic [1] 78/16

take [33] 6/18 21/1 26/14 28/14 29/11 29/12 29/13 30/7 49/16

 61/25 62/25 64/17 68/3 79/4 79/5 82/13 82/13 84/7 85/14 85/15

 86/9 87/11 87/15 90/9 90/23 103/3 108/11 108/13 108/18

 108/22 113/22 115/16 130/9

taken [5] 17/25 23/5 91/6 99/8 116/24

takes [1] 5/22

taking [8] 9/8 21/5 68/23 69/6 80/3 108/15 118/8 127/5

talk [17] 22/21 30/24 36/1 42/9 43/22 45/7 66/2 70/6 80/7 86/4

 90/11 104/21 105/4 109/9 112/7 128/21 130/12

talked [1] 79/22

talking [8] 22/23 35/23 35/24 41/5 64/20 66/3 105/24 105/25

Tampa [1] 2/14

taxing [1] 29/19

TCPA [18] 11/1 11/1 11/24 12/21 46/7 92/5 92/5 92/19 95/14

 95/18 96/25 97/10 97/11 97/21 98/4 98/9 98/11 104/18

teacher [2] 50/17 60/13

teaching [1] 50/2

team [1] 117/5

technical [3] 70/6 117/5 126/23

technician [1] 52/10

technique [1] 78/16

technology [1] 106/9

telecommunications [1] 120/6

telemarketing [36] 11/3 11/25 40/19 40/19 40/24 41/2 41/8

 43/17 43/21 43/25 44/1 44/8 44/11 44/12 44/14 44/19 45/15

 45/16 45/18 45/23 45/24 46/13 47/8 47/25 48/5 73/19 83/8

 83/15 92/7 92/20 94/2 94/19 96/17 96/21 97/18 97/22

telephone [51] 10/25 11/5 11/6 12/1 12/14 12/20 22/14 42/1

 42/10 43/14 46/7 47/23 78/6 83/18 92/3 92/8 92/21 93/9 94/5

 94/25 95/1 95/2 95/14 95/16 95/17 95/18 95/19 95/19 96/1 96/1

 96/3 96/4 96/5 96/9 96/12 96/14 96/15 96/16 96/18 97/11 97/12

 97/23 115/6 117/8 117/10 118/13 118/22 119/14 121/8 121/9

 121/11

telephones [7] 11/25 43/17 92/21 95/15 97/13 97/24 114/15

television [4] 53/12 53/24 55/20 107/21

tell [43] 10/18 19/25 23/13 27/21 29/10 32/9 32/13 35/22 38/6

 62/7 66/5 77/3 87/20 88/1 90/9 90/13 91/18 99/9 104/4 104/6

 104/8 104/9 104/13 104/14 104/15 104/16 104/17 104/18

 104/20 104/20 104/23 105/4 105/5 105/7 105/9 105/11 106/5

 106/6 108/9 109/22 112/18 123/12 129/14

telling [4] 65/21 105/21 106/2 106/23

tells [1] 112/5

ten [2] 34/10 54/14

tend [1] 68/13

term [1] 96/17

terms [5] 8/13 61/18 72/7 82/2 120/5

test [4] 29/1 32/23 33/1 117/6

testified [3] 37/7 81/19 103/5

testifies [2] 36/24 80/14

testify [11] 23/7 70/18 73/5 74/5 80/8 81/21 99/21 103/2 103/6

 103/13 110/11

testifying [2] 71/17 72/5

testimonies [1] 82/6

testimony [34] 23/3 23/5 48/13 71/9 71/13 71/25 72/16 72/21

 72/24 73/4 80/9 82/6 98/23 98/23 98/24 99/7 99/8 99/19 99/20

 100/1 100/19 100/20 100/21 100/21 101/1 101/10 102/23

 102/24 103/3 103/9 103/10 106/12 108/6 108/7

testing [1] 32/25

Texas [1] 55/24

text [3] 16/17 16/19 105/14

texting [1] 45/21

than [25] 8/16 29/17 40/25 42/20 43/13 44/3 44/17 45/6 69/19

 74/14 75/21 75/24 76/2 76/20 79/21 86/5 94/20 94/24 95/12

 98/19 106/13 123/10 124/19 130/4 130/4

thank [64] 10/10 13/13 14/18 14/25 15/9 25/13 26/3 26/5 26/9

 26/11 26/19 28/16 30/3 30/5 33/11 34/9 35/3 37/4 37/12 40/7

 50/21 51/17 52/19 53/14 53/25 54/9 55/3 55/21 56/14 57/6

 57/25 59/10 60/2 60/17 61/4 61/23 65/10 67/2 67/2 67/24 68/7

 68/9 68/24 70/8 72/9 73/1 74/21 75/9 75/12 77/11 77/12 77/13

 80/6 83/22 86/24 88/19 90/3 90/5 90/7 113/13 116/3 120/1

 132/5 132/19

that [527] 

that's [77] 5/24 6/25 7/17 7/18 7/18 8/2 11/16 11/17 13/24 15/8

 17/13 19/17 22/14 28/13 33/17 36/4 37/22 37/24 40/17 41/17

 52/14 63/10 65/22 69/8 69/12 70/11 73/25 74/14 77/2 79/6

 79/21 80/8 81/19 82/4 82/5 83/14 83/19 85/19 90/19 92/14 99/4

 100/22 104/6 106/12 106/23 106/24 110/4 110/16 110/19

 110/21 111/25 114/17 114/25 115/6 115/8 118/11 119/3 122/16

 123/18 123/19 124/11 124/20 124/21 125/11 125/13 126/1

 127/9 127/14 127/20 128/8 128/25 129/9 129/20 130/8 130/24

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 156 of 160
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that's... [2] 131/3 131/8

their [39] 16/9 17/23 22/5 31/14 32/17 35/25 42/15 60/20 62/6

 62/6 62/7 63/7 65/20 70/10 70/18 73/9 74/13 78/1 78/6 78/16

 79/4 79/5 81/1 81/5 81/17 83/7 88/22 91/20 91/20 91/25 100/7

 100/8 100/9 100/15 123/10 123/12 129/6 129/16 132/12

them [77] 13/11 15/12 18/10 18/12 22/2 23/9 23/12 27/2 27/5

 28/21 30/10 31/2 35/19 45/4 45/19 45/25 46/1 46/1 46/2 46/4

 46/14 47/17 50/6 50/9 62/19 62/20 62/22 64/17 64/19 65/20

 65/21 66/13 68/13 68/15 68/16 73/10 73/10 78/11 78/13 79/5

 80/5 88/16 88/18 91/5 91/8 100/3 100/3 100/12 100/13 100/13

 104/6 104/8 104/9 104/13 104/14 104/15 104/16 104/20 104/20

 106/19 106/20 106/22 106/23 108/13 108/17 108/18 108/19

 108/20 113/2 113/4 113/4 113/5 118/4 118/9 124/10 129/16

 131/2

themes [1] 72/24

then [72] 6/1 6/13 8/23 8/24 18/9 18/17 18/21 20/25 24/1 24/17

 25/11 26/15 26/21 27/23 29/12 29/13 33/1 35/24 39/12 40/21

 45/3 46/19 48/16 58/4 58/5 62/3 62/4 62/7 62/15 64/3 64/13

 71/19 79/6 79/11 79/13 80/2 80/24 82/20 84/10 84/13 85/20

 85/25 85/25 86/1 87/20 88/1 88/18 89/10 90/10 94/13 95/10

 97/10 99/12 102/14 110/16 110/19 111/7 111/14 111/19 120/12

 123/7 125/9 125/13 125/14 125/21 125/23 126/7 126/14 128/3

 128/23 129/17 132/11

therapist [2] 50/16 56/5

therapy [1] 56/4

there [91] 6/20 7/20 19/23 19/24 22/8 22/8 24/9 27/17 27/19

 28/2 28/3 29/1 31/6 33/3 33/10 34/25 36/19 37/15 39/19 40/5

 43/4 43/4 43/8 44/2 46/18 47/2 48/4 48/5 48/21 49/2 49/8 50/7

 51/21 52/22 56/24 57/12 57/21 58/3 58/4 61/8 66/11 67/11

 67/17 67/23 68/2 68/3 69/16 69/21 70/16 78/3 78/7 79/2 79/19

 79/24 80/2 80/24 81/21 82/13 84/24 85/8 85/16 89/6 97/25 98/4

 98/23 99/2 99/3 102/6 104/20 107/18 107/19 109/3 110/25

 112/9 112/10 112/15 112/19 112/23 112/25 116/14 118/15

 118/23 123/22 125/23 128/19 129/5 129/8 129/11 130/2 130/15

 130/25

there's [1] 17/11

Therefore [2] 102/3 112/7

these [41] 6/11 7/16 12/2 18/16 19/22 19/23 20/1 20/4 21/14

 21/18 23/7 23/11 23/14 23/21 48/22 49/17 63/1 68/11 68/19

 74/6 74/19 89/6 90/22 90/23 91/23 92/22 94/6 94/12 95/4 95/8

 98/5 105/21 107/9 107/12 107/13 107/22 117/12 118/24 129/10

 129/22 130/21

they [76] 8/8 9/1 17/8 20/10 21/22 21/24 23/12 23/13 31/2 31/6

 31/15 32/13 32/13 33/3 33/10 43/22 46/3 48/13 49/9 64/19

 68/14 69/3 69/23 70/9 70/10 70/17 72/17 72/23 73/11 73/24

 73/24 76/5 78/12 79/3 79/11 79/19 80/12 81/1 81/2 81/12 81/20

 82/3 83/4 85/10 91/8 91/19 95/16 100/6 100/8 100/9 100/11

 100/16 104/19 105/1 108/9 121/12 121/13 123/1 123/8 123/10

 123/11 123/15 123/15 125/21 126/9 126/9 126/9 128/25 129/1

 129/24 130/1 131/7 131/9 131/13 131/14 132/11

They're [1] 62/22

they've [6] 8/16 8/17 46/3 106/4 120/22 123/19

thing [9] 29/25 41/25 43/11 59/2 95/25 104/3 105/5 106/23

 114/5

things [23] 11/2 17/5 40/7 40/9 44/5 46/21 48/1 53/11 54/24

 69/17 71/5 77/7 90/18 90/22 91/23 92/5 100/2 103/5 104/18

 104/25 109/2 113/19 128/7

think [76] 14/10 14/12 15/10 15/13 18/13 21/8 21/22 21/24

 23/12 23/13 27/5 28/12 29/25 31/12 32/11 39/17 40/5 45/16

 47/14 49/9 62/23 63/8 66/21 67/4 67/11 69/2 69/21 71/18 72/2

 72/5 72/20 72/20 72/23 73/10 74/11 74/12 74/16 75/6 75/19

 75/25 76/3 76/6 76/7 76/12 76/14 76/17 78/3 79/16 79/21 79/24

 80/9 80/12 81/4 82/11 82/13 82/17 82/20 83/7 84/4 87/20 93/17

 109/3 110/25 114/4 117/23 122/5 122/14 123/7 123/8 123/11

 128/3 128/9 129/18 129/20 130/9 132/12

thinks [2] 48/6 102/9

third [2] 2/23 86/1

this [176] 

Thomas [1] 16/7

Thompson [3] 19/14 25/16 26/11

those [52] 14/10 14/11 14/13 15/11 15/11 15/14 18/10 21/12

 27/4 29/17 30/10 35/4 42/9 43/16 43/20 43/21 44/6 44/9 44/9

 44/19 47/1 47/11 48/11 48/14 48/24 59/14 64/19 65/17 66/25

 69/5 69/18 71/16 83/5 83/16 108/25 109/16 109/20 113/3

 114/24 119/2 119/9 123/6 123/14 123/24 125/8 125/22 125/24

 126/13 127/24 128/16 132/13 132/18

though [4] 10/4 57/14 72/23 83/17

thought [10] 7/2 7/14 47/16 66/14 66/25 68/1 68/23 69/16 83/9

 128/1

thoughts [11] 69/13 70/9 70/25 71/24 72/18 74/11 75/5 76/10

 81/23 82/7 105/19

three [20] 16/20 27/8 38/12 49/22 51/1 51/7 51/21 55/8 58/8

 59/15 74/17 78/19 85/8 85/16 85/17 85/18 94/12 95/8 130/3

 130/7

threshold [1] 129/8

through [20] 5/23 7/13 18/21 23/23 24/11 27/13 28/24 30/13

 36/12 49/16 56/13 70/4 72/4 76/14 83/5 87/22 89/9 89/10 89/18

 119/8

throughout [4] 9/22 72/24 103/15 111/9

thrown [1] 34/12

Thursday [1] 104/12

Thus [2] 91/24 103/24

Tiffany [4] 19/5 54/2 88/7 89/17

Tigard [1] 53/7

Tillamook [4] 58/7 58/11 58/21 58/22

time [54] 4/4 10/17 12/19 21/7 21/17 22/19 24/11 25/10 39/18

 48/25 49/15 50/14 51/2 58/14 59/22 63/7 63/8 63/10 64/18 65/7

 68/1 68/23 69/6 69/6 73/15 79/19 84/5 84/15 93/13 101/3 108/7

 109/8 109/8 109/13 109/14 109/25 110/1 113/7 113/9 113/22

 116/1 116/14 118/17 120/12 120/13 120/13 121/20 127/6

 128/10 129/2 129/16 129/25 130/4 130/5

times [7] 29/17 37/7 43/23 67/21 98/2 98/3 100/10

today [22] 10/7 13/16 15/2 15/4 15/16 15/16 23/1 23/24 23/25

 25/10 26/7 26/11 29/10 46/6 63/8 63/19 65/14 79/22 87/22

 104/11 121/5 131/12

together [6] 17/8 17/15 18/4 81/14 122/8 128/9

told [7] 41/19 41/21 43/15 106/4 120/14 127/8 127/10

toll [2] 119/14 120/15

toll-free [2] 119/14 120/15

tomorrow [18] 24/2 24/3 25/11 29/11 63/16 63/19 87/22 100/8

 108/11 110/6 111/22 112/2 113/14 128/5 128/10 132/7 132/11

 132/20

tone [1] 99/23

tonight [4] 127/22 130/11 130/11 132/17

too [10] 20/17 29/5 29/19 40/2 40/3 40/6 63/4 69/17 88/1 99/4

took [9] 6/11 6/14 6/23 19/22 41/20 59/20 117/23 118/3 118/9

tools [1] 106/9

topic [3] 70/11 74/4 109/22

topics [2] 40/16 48/22

total [3] 55/7 118/17 124/18

totally [2] 41/24 104/7

toward [2] 76/6 112/12

town [1] 59/16

Townsend [1] 2/7

Tracie [8] 19/3 34/10 45/3 52/21 67/25 79/1 88/6 89/16

Tradewinds [1] 50/15

Traffic [2] 51/9 51/11

Trail [1] 57/19

trails [1] 57/20

training [5] 37/15 37/16 37/17 58/5 58/17

transcript [6] 1/12 99/12 99/15 108/5 133/7 133/8

transition [2] 50/8 52/4

transitioned [1] 52/3

translated [1] 19/18

treated [1] 109/18

tremendously [1] 78/17

trial [79] 1/11 4/5 7/11 7/22 8/19 9/20 9/22 10/1 10/15 10/21

 10/23 13/7 14/22 14/23 15/5 15/24 16/5 16/14 16/15 16/18

 17/24 18/16 20/7 20/12 20/13 20/14 20/20 23/8 23/23 28/10

 30/2 31/14 31/16 32/2 32/3 32/14 32/24 33/12 33/13 33/13 46/5

 48/3 48/20 90/14 90/17 90/20 90/25 91/2 91/3 91/13 91/24

 93/16 93/23 96/6 98/7 99/8 99/14 101/8 103/15 104/7 104/8

 106/14 107/10 107/14 107/19 108/5 108/17 108/20 109/8 110/5

 110/9 111/10 112/8 112/25 113/3 113/5 130/7 130/8 130/8

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trials [1] 28/13

tried [6] 45/20 45/22 45/24 46/4 46/15 47/4

trips [1] 59/23

trooper [1] 54/24

trouble [1] 71/15

troubled [1] 71/24

true [15] 75/21 75/21 75/24 75/24 76/2 76/2 76/20 76/21 76/25

 81/17 98/19 98/19 99/3 114/11 131/8

truly [1] 24/13

truth [3] 19/18 19/25 99/9

truthfully [1] 19/23

try [4] 6/7 46/14 80/9 109/12

trying [8] 6/1 46/12 47/16 67/9 67/22 68/17 69/6 76/22

tucked [1] 7/21

Tuesday [3] 7/19 123/8 124/7

turn [3] 14/15 73/10 107/23

turned [3] 49/22 101/25 123/19

turning [1] 125/8

TV [3] 52/15 60/16 61/19

two [23] 2/11 5/7 36/19 38/12 42/19 43/14 53/18 54/14 56/18

 56/21 56/24 58/19 60/20 67/18 68/2 75/10 83/24 125/11 125/17

 125/21 127/6 131/13 132/18

type [10] 33/23 36/14 37/16 37/17 47/10 80/23 116/12 119/12

 119/13 119/13

types [1] 117/12

U

U.S [7] 5/24 6/14 6/23 60/21 126/9 126/11 126/17

Uh [1] 127/13

Uh-huh [1] 127/13

ultimately [2] 10/23 33/14

unable [1] 48/23

unanimity [1] 85/11

unanimous [1] 18/3

unannounced [1] 81/25

under [15] 8/24 9/8 10/24 17/9 17/22 92/3 96/24 99/9 100/16

 109/18 110/13 127/25 128/14 129/6 129/19

undergraduate [2] 54/16 54/18

underlie [1] 128/16

underlies [1] 124/1

underlying [16] 7/13 7/15 7/23 8/6 8/12 8/13 8/18 118/11

 118/12 123/16 123/17 128/16 129/3 129/7 129/9 131/2

understand [14] 8/9 24/24 45/11 47/24 91/19 109/15 110/8

 116/24 117/23 120/14 121/1 122/8 122/11 123/2

understanding [2] 30/22 131/12

Understood [1] 25/25

Unfortunately [1] 82/16

UNIDENTIFIED [1] 15/21

unimportant [2] 69/17 69/18

unique [4] 118/9 119/10 120/5 124/23

unit [1] 52/4

UNITED [9] 1/1 1/14 2/22 9/17 12/14 16/24 22/14 90/6 93/9

United States [6] 9/17 12/14 16/24 22/14 90/6 93/9

University [1] 58/18

unknown [4] 77/20 119/15 119/16 119/17

unlawful [2] 11/2 92/6

unless [2] 11/9 92/10

unquote [2] 97/6 97/9

until [22] 8/11 8/24 9/8 10/20 21/1 24/6 31/20 32/2 69/21 74/19

 84/19 103/16 103/24 103/24 104/6 104/9 104/10 105/6 105/10

 106/1 108/14 132/20

unwanted [1] 67/17

up [56] 8/15 8/16 13/15 15/7 18/14 18/15 18/17 21/12 21/15

 21/16 25/18 31/11 31/19 31/22 31/24 31/25 32/10 33/4 33/7

 40/21 41/19 42/8 42/21 43/3 45/4 45/5 45/10 46/22 51/19 58/3

 62/2 62/4 62/17 64/12 66/11 68/1 76/17 78/13 78/22 80/1 85/7

 88/1 89/12 90/17 91/1 99/6 101/18 106/15 113/25 115/10 117/5

 120/11 125/13 125/14 128/20 132/2

uploaded [2] 118/9 119/11

upon [1] 70/19

upset [1] 65/20

urge [1] 108/5

us [20] 4/18 13/16 27/24 28/24 30/14 35/22 43/15 49/16 55/9

 71/3 75/15 114/15 114/18 115/17 118/12 121/5 121/8 122/7

 122/9 123/17

use [12] 50/20 55/1 63/10 74/5 94/3 94/21 97/7 109/14 109/25

 113/3 116/17 123/8

used [17] 5/9 8/17 12/2 42/11 67/20 92/23 96/14 96/16 97/1

 97/2 97/22 114/14 124/22 124/22 126/8 126/17 126/24

useful [1] 45/17

uses [4] 11/8 43/7 92/9 97/4

using [8] 11/4 44/13 44/14 95/1 97/13 97/18 107/5 129/23

usual [1] 96/8

usually [4] 17/12 56/13 61/20 61/21

V

V-I-S-A-L-U-S [1] 15/18

valuable [1] 45/17

value [2] 82/13 120/6

variety [1] 37/8

various [2] 18/1 117/6

verdict [13] 34/11 48/19 83/13 91/1 93/22 98/4 99/25 103/16

 107/2 110/3 111/13 111/15 111/17

versions [1] 118/15

versus [2] 4/5 104/15

very [35] 9/10 15/22 17/4 17/18 21/9 25/6 26/3 30/1 36/9 37/1

 39/2 46/22 47/19 47/19 50/21 52/19 53/14 53/25 54/9 55/3

 56/14 59/3 59/10 60/17 63/8 64/12 75/12 77/2 77/11 80/4 82/8

 83/22 90/5 104/3 130/17

Veterans [1] 50/5

VFW [1] 61/1

video [1] 57/1

view [3] 18/2 76/9 79/17

views [2] 63/7 105/19

violate [1] 75/4

violated [6] 11/24 12/20 47/23 92/19 97/21 98/3

violates [1] 107/12

violation [1] 97/10

violations [4] 98/2 98/9 98/11 98/11

Virginia [1] 16/4

VISALUS [40] 1/7 4/5 11/20 11/20 11/23 12/2 12/15 12/17 12/19

 14/16 15/3 15/16 15/17 22/3 22/5 22/7 22/15 22/17 22/23 22/23

 27/1 28/20 47/22 47/22 73/23 92/18 92/18 92/19 92/22 93/10

 93/12 94/1 94/15 94/18 95/12 97/19 97/21 98/2 98/3 115/23

ViSalus's [3] 12/15 22/15 93/10

vision [2] 30/19 59/22

visit [1] 35/24

voice [35] 11/8 11/9 12/3 12/17 22/17 43/22 43/23 43/23 43/24

 44/3 44/13 44/15 44/20 44/22 44/24 45/6 45/11 47/25 68/14

 92/9 92/23 93/11 94/3 94/22 96/25 97/2 97/3 97/4 97/5 97/8

 97/8 97/14 97/18 97/23 99/23

voir [6] 19/17 64/3 64/6 64/9 65/1 88/21

Volume [1] 1/11

voluminous [5] 129/9 129/10 129/11 130/3 130/5

voluntarily [1] 79/18

volunteer [2] 54/23 59/4

volunteering [1] 67/3

Voorhees [1] 13/23

vote [3] 91/15 91/17 91/20

voter [1] 18/8

W

W-A-L-L-A-C-E [1] 19/3

wait [1] 21/1

waiting [1] 16/17

wake [1] 101/18

WAKEFIELD [34] 1/4 4/5 4/18 11/14 11/15 11/23 12/12 12/24

 13/15 21/22 21/23 23/2 70/16 71/13 80/7 81/18 92/13 92/13

 92/17 93/7 94/2 94/7 94/7 94/11 94/14 94/20 94/24 95/7 95/13

 97/20 97/25 98/8 98/14 132/17

Wakefield's [7] 39/7 80/13 93/24 94/4 96/1 96/3 96/9

walk [3] 106/21 107/22 107/24

walking [2] 112/12 112/15

Wallace [12] 19/3 34/10 45/3 52/20 52/21 53/14 67/25 68/7 79/1

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 158 of 160
W

Wallace... [3] 88/6 89/16 89/18

want [45] 20/3 20/14 20/16 20/21 23/8 27/2 27/5 27/21 27/23

 28/21 29/3 33/7 45/7 45/8 45/9 49/6 66/7 68/5 70/9 74/15 76/14

 79/7 83/19 105/7 105/8 105/9 105/16 105/18 105/19 105/20

 105/24 108/13 108/19 108/19 109/1 111/22 111/24 112/25

 114/2 114/3 116/1 119/25 122/24 128/10 128/13

wanted [2] 5/5 122/21

wanting [1] 43/5

wants [6] 66/21 91/22 111/4 115/9 122/25 129/14

War [1] 16/11

Warehouse [1] 57/18

was [132] 6/3 6/23 6/25 7/2 10/9 12/19 14/1 16/3 16/11 22/19

 33/21 33/21 33/23 34/12 34/19 34/25 35/1 35/2 35/8 35/9 35/10

 35/15 36/16 36/16 36/19 38/12 38/14 39/1 39/17 39/18 39/18

 39/19 40/23 42/24 43/4 43/15 44/2 46/15 46/16 46/25 47/2

 47/16 49/19 50/24 52/2 52/21 54/2 54/5 54/12 54/21 54/23 55/5

 55/23 56/17 58/2 58/13 58/14 59/12 60/4 60/13 61/6 66/10

 66/20 67/15 67/16 67/17 67/22 68/1 69/25 69/25 69/25 70/5

 70/6 70/23 75/3 75/5 75/7 75/7 75/13 78/18 81/17 81/21 84/1

 84/24 88/21 90/2 93/14 96/1 96/3 96/9 96/11 96/13 96/22

 113/21 114/14 114/14 114/19 114/20 114/21 114/21 114/23

 115/15 119/17 120/15 120/16 120/21 120/22 122/1 122/6 122/9

 123/7 123/7 124/11 125/2 125/7 125/12 125/24 126/6 126/11

 126/16 126/18 127/7 127/8 127/9 128/23 130/25 131/2 131/4

 131/4 131/5 131/13 131/15

Washington [4] 37/3 42/21 60/5 65/14

Washougal [1] 42/21

wasn't [4] 74/25 80/23 119/19 127/6

watch [5] 17/21 52/18 57/1 61/21 107/2

water [1] 102/2

way [46] 5/20 11/4 15/15 21/2 21/24 27/7 28/12 29/9 30/19 32/3

 33/6 35/20 40/1 40/3 40/14 45/9 47/4 48/9 56/13 64/19 71/1

 72/19 77/1 77/3 81/5 82/1 89/1 91/18 99/20 100/12 103/25

 104/1 105/22 106/2 106/17 107/7 108/6 108/25 110/5 110/22

 113/25 115/14 122/14 127/23 128/13 129/8

ways [1] 15/25

we [225] 

we'll [1] 18/17

we're [1] 82/17

we've [1] 22/20

wear [1] 112/10

wearing [1] 112/21

website [1] 105/15

websites [1] 117/7

Wednesday [1] 23/24

week [1] 24/22

weeks [2] 7/12 125/3

weigh [4] 69/14 71/2 72/10 91/3

weight [4] 11/21 101/15 101/16 103/11

welcome [17] 4/19 5/2 9/16 15/23 64/1 65/6 88/20 104/13

 104/20 108/18 112/16 114/8 123/1 127/22 127/23 128/13

 130/16

well [21] 9/10 10/3 21/9 27/20 29/22 29/22 30/1 51/16 55/25

 61/9 68/6 69/19 71/8 76/6 80/3 98/9 104/3 111/20 114/21

 125/23 131/16

wellness [1] 56/11

went [5] 5/23 6/13 36/11 55/15 57/15

were [46] 5/6 5/8 5/22 5/24 5/24 6/14 6/14 6/15 6/23 7/11 15/20

 16/9 21/19 35/5 38/9 38/15 38/19 38/21 38/24 41/20 46/24

 47/16 49/4 69/16 74/11 74/23 75/5 81/1 81/2 94/3 94/23 113/23

 114/24 118/24 119/10 123/6 124/9 124/13 125/10 126/9 126/9

 126/10 127/10 129/24 130/21 130/25

West [1] 49/24

western [1] 51/20

wet [1] 101/20

wetness [1] 101/23

what [132] 5/14 5/24 6/22 7/13 7/15 7/16 7/21 8/3 8/8 8/12

 17/14 20/5 21/19 23/6 25/4 26/13 28/13 31/1 32/10 32/18 33/23

 36/14 37/13 38/2 41/11 44/12 46/24 47/9 48/13 48/16 49/1

 58/24 59/9 61/24 62/9 65/17 65/22 66/15 66/20 66/20 66/20

 66/24 68/4 69/11 69/13 69/20 69/24 69/25 69/25 71/15 71/23

 71/23 73/17 73/18 74/11 75/5 75/5 75/16 76/3 77/8 77/19 80/11

 80/14 80/16 80/20 81/9 82/3 82/4 82/5 83/2 83/19 88/20 89/8

 90/21 90/25 91/17 94/8 98/15 98/22 100/3 100/6 100/8 100/9

 100/11 101/11 102/6 102/17 103/16 104/14 104/17 104/18

 104/19 104/24 108/4 108/8 109/19 110/3 110/8 110/13 114/20

 114/21 114/23 116/6 116/24 117/3 117/23 119/9 119/12 120/3

 120/5 120/8 120/16 120/18 121/4 121/16 123/2 123/3 124/12

 125/11 125/18 126/6 126/11 126/16 126/20 127/16 128/12

 128/20 128/25 130/8 131/7 131/13 131/23

what's [29] 6/8 6/25 7/24 7/25 8/10 8/10 24/20 27/25 29/22 35/5

 51/5 57/4 74/11 81/23 82/7 90/11 99/7 101/3 108/9 113/20

 114/25 116/16 119/16 120/12 125/1 125/3 125/6 126/3 131/11

whatever [4] 105/17 108/19 120/23 122/24

when [75] 8/6 8/22 8/23 9/3 10/7 11/8 16/3 17/23 26/6 29/10

 32/14 32/15 33/6 33/22 40/23 41/19 45/10 56/12 61/25 62/12

 66/6 66/14 66/19 66/23 66/24 67/22 69/24 70/10 70/12 70/23

 73/13 74/10 75/3 76/5 77/19 79/2 79/25 80/5 84/5 84/9 85/14

 85/15 89/12 90/17 91/1 91/12 92/8 98/16 100/16 101/6 102/7

 102/20 105/7 105/8 105/16 108/15 110/12 110/17 112/4 112/8

 112/10 112/14 113/21 119/4 120/20 120/22 120/23 121/21

 121/22 123/20 124/3 124/8 125/21 127/10 130/25

whenever [6] 49/18 63/12 87/11 87/15 102/15 115/17

where [28] 5/15 6/11 12/16 12/17 20/13 22/16 22/17 23/13

 35/24 39/8 44/2 48/9 50/9 51/21 54/13 56/17 58/4 59/14 62/11

 76/19 78/5 79/6 79/10 93/11 93/12 104/5 125/13 130/2

whether [31] 20/3 20/5 27/22 32/13 34/19 34/22 44/16 44/17

 44/18 47/24 68/12 69/22 71/24 72/18 73/23 79/17 95/16 95/21

 96/3 96/9 96/11 96/20 96/21 103/8 105/1 108/22 115/6 120/14

 121/7 121/8 130/1

which [36] 5/12 5/15 7/23 8/9 9/1 10/25 18/2 18/20 32/20 47/16

 59/15 59/23 75/17 81/3 88/23 92/4 93/24 94/9 94/16 98/21

 98/25 99/1 101/13 102/23 102/24 113/20 114/24 115/3 118/14

 119/25 122/12 123/18 123/23 124/9 126/8 127/4

while [12] 31/20 33/5 33/7 54/6 64/20 103/6 105/18 105/20

 106/11 107/19 108/20 128/6

who [99] 7/5 10/1 10/6 11/14 12/8 12/14 13/6 13/9 13/16 13/20

 14/21 14/22 14/24 15/19 18/5 21/4 21/12 22/7 22/14 23/7 24/9

 25/10 31/6 33/3 33/10 34/4 35/4 35/13 35/18 37/2 37/14 37/16

 37/20 37/22 37/23 37/25 39/12 41/18 41/23 42/1 42/3 42/5 42/8

 42/10 42/15 43/12 43/13 43/16 43/20 44/9 44/19 44/20 44/23

 45/13 45/18 45/20 45/22 45/24 46/3 48/6 48/21 49/7 52/23

 57/10 62/8 64/3 64/6 64/9 66/9 66/10 66/11 66/21 67/12 67/20

 68/8 68/8 69/3 74/4 78/5 78/20 81/7 81/18 82/4 84/10 85/15

 87/1 87/13 87/20 88/25 89/2 90/4 91/19 91/23 93/9 99/10 103/2

 103/13 107/12 132/11

whole [3] 57/23 58/24 73/7

why [18] 16/9 32/9 41/4 45/2 66/14 67/4 68/21 76/11 104/23

 119/19 121/24 123/12 124/11 126/1 127/2 127/6 127/9 127/24

wife [11] 38/19 41/18 51/23 53/17 58/13 58/17 59/14 59/19

 60/23 60/24 61/8

will [229] 

Willamette [1] 54/17

willing [3] 16/10 63/10 114/9

window [2] 78/11 101/19

Wireless [3] 46/20 46/24 54/22

wisdom [1] 18/4

wish [1] 108/11

withdrawing [1] 9/1

within [1] 17/9

without [15] 12/3 16/17 20/9 41/4 63/5 80/4 80/13 82/16 84/22

 90/7 92/24 97/14 113/19 114/6 133/8

witness [37] 3/6 7/5 23/3 23/4 27/2 28/21 32/15 32/16 37/24

 38/4 48/13 98/23 99/8 99/9 99/11 99/18 99/21 99/22 101/11

 101/11 102/25 103/3 103/4 106/18 108/8 110/11 110/12 110/15

 110/16 110/17 111/5 114/7 115/15 115/16 130/15 132/14

 132/16

witness's [6] 103/5 103/6 103/6 103/7 103/9 103/9

witnesses [14] 9/20 23/7 30/9 37/25 48/8 99/6 99/10 99/15

 100/6 103/2 103/13 111/3 111/4 112/6

women [1] 87/25

won't [7] 24/5 29/4 31/22 31/24 31/25 32/21 99/21

Wonderful [1] 33/23

woodworker [1] 25/17

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 159 of 160
W

woodworking [1] 52/15

word [2] 76/23 96/7

words [3] 6/12 65/17 103/14

work [31] 25/19 27/19 29/9 35/18 35/25 37/9 41/6 42/18 42/22

 50/5 50/8 52/9 53/4 55/11 56/4 56/13 57/17 58/12 67/18 67/19

 68/22 109/23 113/2 116/19 116/22 117/14 117/16 117/18

 117/20 119/5 119/22

worked [11] 22/8 22/8 23/10 35/19 36/13 37/8 40/19 40/24

 41/11 46/20 60/24

workers [1] 104/4

working [7] 22/2 54/5 55/18 57/16 61/9 81/3 109/15

works [7] 25/17 36/3 36/6 50/14 53/7 55/10 71/7

world [1] 16/9

worst [1] 17/21

worth [1] 74/16

would [64] 5/7 8/3 9/16 12/22 20/17 20/19 21/17 24/10 26/17

 28/6 28/8 35/24 39/13 44/16 49/6 57/24 60/14 60/16 62/9 62/13

 63/15 63/18 68/4 68/25 69/2 69/22 70/2 71/24 73/15 76/14 79/9

 79/12 80/10 80/12 80/15 80/24 81/16 81/23 83/4 84/16 85/16

 85/17 101/21 107/14 109/1 111/21 116/6 117/11 119/17 120/13

 120/24 121/10 121/11 121/15 122/23 122/23 123/5 127/16

 127/21 128/6 129/23 129/25 130/14 131/21

wouldn't [6] 36/5 41/3 71/19 75/25 117/8 117/10

write [1] 109/4

writing [3] 48/11 105/14 109/1

written [19] 10/15 12/18 16/7 22/18 47/3 90/15 90/21 92/24

 93/13 97/15 97/16 97/17 97/19 99/12 111/11 111/12 127/17

 127/22 132/6

wrong [5] 19/24 32/13 32/14 116/25 121/21

Y

yada [3] 8/14 8/14 8/14

Yakima [1] 65/13

Yamhill [1] 36/24

yard [1] 58/12

yeah [7] 27/16 28/1 34/8 66/25 69/21 79/9 131/9

year [5] 38/20 47/14 52/3 56/1 118/22

years [27] 25/3 29/8 33/21 34/6 34/11 36/12 38/12 41/18 42/19

 46/21 47/1 50/6 51/8 51/21 52/21 52/23 54/11 54/22 55/24

 56/16 56/22 56/24 58/2 59/12 59/15 131/13 131/15

yes [44] 5/4 5/5 5/19 6/22 7/10 13/3 14/8 25/3 27/11 27/14

 30/15 36/18 39/4 39/16 43/2 63/22 65/25 66/18 70/14 70/22

 71/22 77/24 78/9 79/8 79/23 80/18 81/9 82/25 85/3 85/5 86/5

 86/9 88/4 91/15 114/17 115/12 118/7 121/3 127/14 127/15

 129/6 131/7 132/13 132/15

Yesterday [1] 121/23

yet [3] 21/12 51/10 56/22

yoga [1] 56/9

you [763] 

you'll [6] 48/23 90/16 90/17 91/16 94/16 95/10

you're [9] 27/23 32/9 43/5 62/24 72/14 104/12 114/8 127/22

 127/23

you've [9] 15/12 18/7 21/7 24/12 37/14 40/8 49/16 74/22 76/2

youngest [2] 50/16 58/11

your [236] 

Your Honor [37] 4/4 4/16 5/11 5/13 6/3 6/10 6/22 7/10 7/12 8/2

 8/19 13/3 13/24 15/8 63/18 64/5 65/10 66/16 70/14 70/20 70/22

 71/10 75/12 82/25 83/21 88/13 114/21 115/8 115/12 122/4

 123/5 123/13 123/21 124/5 124/10 132/1 132/4

yourself [7] 4/8 14/20 25/21 107/23 108/13 117/8 117/10

yourselves [1] 62/16

YouTube [3] 57/1 57/4 105/15

Z

Zac [3] 4/23 15/4 115/22

Zachary [1] 2/13

zone [4] 116/14 120/12 120/13 120/13

Case 3:15-cv-01857-SI Document 301 Filed 05/15/19 Page 160 of 160