403

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

LORI WAKEFIELD, ) 

 ) 

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

 ) 

vs. ) April 12, 2019 

 ) 

VISALUS, INC., ) Portland, Oregon 

 ) 

Defendant. ) 

(Jury Trial - Volume 3) 

TRANSCRIPT OF PROCEEDINGS 

BEFORE THE HONORABLE MICHAEL H. SIMON 

UNITED STATES DISTRICT COURT JUDGE 

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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 

Discussion re jury instruction 406 

Witnesses: (For the plaintiff) Direct Cross ReD ReX 

Shawn Davis 412 426 447 

Plaintiff rests 454 

Defense rests 454 

Jury Instructions 457 

Motions 471 

Closing argument by Mr. Franzini 477 

Closing argument by Mr. O'Neal 507 

Rebuttal argument by Mr. Dovel 530 

Further jury instructions 548 

Jury question 555 

Jury verdict and polling 564 

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(April 12, 2019) 

P R O C E E D I N G S 

(Open court; jury not present:)

THE COURT: We are here without the jury to talk

about final jury instructions and the verdict form. Let me

just share with you a few minor, minor changes on the jury

instructions that I noticed. It's nothing substantive, I

think. Then we will talk about whatever else you all want to

talk about.

Instruction No. 1, that second sentence, after the

word "facts," I'm going to add a comma.

MR. DOVEL: Your Honor, you said after the second

sentence?

THE COURT: In the second sentence.

MR. DOVEL: I see.

THE COURT: "To those facts." That's really not

substantive stuff.

MR. DOVEL: Yes.

THE COURT: Then under Instruction 7, since I'm

receiving two summaries in evidence, 36 and 36A, but no

charts -- I don't think any charts are coming in. I'm deleting

the word "charts and" from the title and then "charts or" from

that first sentence and "charts and" from the second sentence.

I don't think we have any charts or summaries used

for demonstrative purposes, so I think I should delete the

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entirety of Instruction 8.

Am I right on that or am I missing something?

MR. O'NEAL: I guess it depends on what is going to

be put on in the secret one-hour presentation that we don't

know about.

THE COURT: Well, that's closing.

THE COURT REPORTER: Mr. O'Neal, please pull the

microphone in closer. 

MR. DOVEL: Your Honor, I'm not aware of any charts

or summaries.

THE COURT: That's generally referring to

demonstrative evidence shown to the jury. I, of course, tell

the jury that nothing that you all say in closing is evidence.

All right. Then on stipulation -- they will have to

be renumbered, but I'll go with the old numbering now. No. 11,

stipulations of fact, are these being read? So far they've

been read. Were you planning on handing written copies?

MR. DOVEL: Yes, Your Honor. That was our

understanding; that one would be provided. Did you want us to

do that as part of the trial?

THE COURT: Well, when are we going to do it?

MR. DOVEL: I think we can do it as part of the

trial. We will get it printed out and provide it to the

jurors.

THE COURT: I think you should do it before you rest

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your case.

MR. O'NEAL: Agreed, although I thought it would be

one copy that the jury will take back with them.

THE COURT: No. I like everybody to have their own.

That's what I will do with written instructions; everybody will

have their own. Then I think I'll leave 11 the way it is.

On No. 12, depositions in lieu of live testimony,

that second paragraph, I think I should actually tell them when

I say, "Excerpts from the depositions of three witnesses," I

think I should put in a comma and then "Justin Call, John Laun,

and Scott Gidley."

I noticed that although I put in the word "written"

in "written consent," later when I defined it, I left it out of

instructions currently numbered 14 and 15, the very last line,

the last sentence. "Prior express consent." I think I need to

insert the word "written."

I noticed a typo at the very bottom of page 11, that

second paragraph that is currently numbered 15, the second

sentence, "A class action is a procedure allows," I'm going to

insert the words "that allows." 

That's it for my minor tweaks. I have no changes to

the verdict form.

But now I'm ready to hear about all the major changes

that you all want. Who wants to go first? Probably plaintiff

should go first.

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MR. DOVEL: Your Honor, we have no further proposed

changes to the jury instructions. I just had a question about

you said the word "written" was going to be added in 14. I

caught one place. Where was it going to be added in the second

place?

THE COURT: 13 -- sorry. I am looking at my revised

numbers. If you look at currently numbered 14 and 15, the last

line -- I'm sorry. The very last line of 14, "making the call

has the prior express written consent." 

Do you see that?

MR. DOVEL: Yes.

THE COURT: Then the last sentence in 15, again,

"without having the prior express written consent."

MR. DOVEL: I got it. Thank you, Your Honor.

THE COURT: Okay. So no further objections to final

jury instructions.

We will get to the verdict form in a few minutes.

From defendant, objections or exceptions to the final

jury instructions?

MR. O'NEAL: Other than the ones previously made and

previously preserved.

THE COURT: All right. We have talked a lot about

the special verdict form.

Anything in addition or further from plaintiff?

MR. JACOBSON: Your Honor, I think this may have been

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over email, so I just want to put it on the record --

THE COURT: Of course.

MR. JACOBSON: -- just to preserve our objection.

Plaintiff objects to the special verdict questions that

specifically split out mobile phones and then specifically

split out residential phones. It is our position that it

should be a single verdict question, as Your Honor has, that

combines the two. The basis is that -- the distinction between

mobile and residential is not relevant to the determination of

liability or damages under the TCPA.

THE COURT: And you put that in the record, so it is

preserved.

To put some numbers on it, you are objecting to

Questions 5 and 6, which ask about the jury's findings on

mobile or cellular telephones only; and 7 and 8, which asks

about the jury's findings on residential landlines only. You

have no objection to 3 and 4, which combines those two.

Just so you all know my thinking, and I think I've

stated it previously, my thinking is I think it needs to be

separated out, as I've done, for an evaluation of whether or

not there is evidence that would support findings, if there's a

jury finding in favor of plaintiff. But I also understand the

plaintiff's position that they should be combined, and so

that's why I've put in the plaintiff's version on Questions 3

and 4.

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If the jury finds in favor of plaintiff on 3 and 4,

and I suppose consistently finds in favor of the plaintiff on

5 and 6 and 7 and 8, no harm, no foul, and no big deal.

If the jury finds in favor of defendant on 3 and 4,

and then consistently on 5, 6, 7, and 8, again, no harm, no

foul.

If the jury finds in favor of the plaintiff on 3 and

4, but finds that they can't answer question 6 or question 8,

or there is otherwise problems with those, I figure we will

sort it all out in post-trial briefings, and then you can make

your argument that 3 and 4 should be sufficient for your

verdict.

MR. JACOBSON: Yes, Your Honor.

THE COURT: Okay. Anything further on the special

verdict form from defendant?

MR. O'NEAL: No, Your Honor.

THE COURT: All right. I will leave you alone. When

we come back, before bringing in the jury, let's have Mr. Davis

on the stand. My plan is to tell the jury that we are still on

the direct examination of Mr. Davis; that I am receiving in

evidence Exhibits 36 and 36A, and then I'll say, "Mr. Dovel,

you may continue with your examination."

MR. DOVEL: Thank you, Your Honor.

THE COURT: Then at the end of Mr. Davis, my plan is

ask the plaintiff -- basically say, "Plaintiff may call the

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S. Davis - D

next witness," at which time you will either call a witness or

you will say, "We rest."

MR. DOVEL: Thank you, Your Honor.

THE COURT: Okay.

(Recess.)

(Open court; jury present:)

THE CLERK: Please be seated.

THE COURT: All right. Good morning.

We are continuing with Mr. Davis on the stand.

I have received in evidence Exhibits 36 and 36A.

Mr. Dovel, you may continue with your direct

examination.

MR. DOVEL: Thank you, Your Honor.

DIRECT EXAMINATION 

BY MR. DOVEL: 

Q Mr. Davis, I want you to take a look at Exhibit 36, and we

will display that to the jury. Is this the first summary of

call outcomes that you prepared?

A That is correct.

Q Let's just talk about the columns and what those mean.

Can you describe what is included in the first column, which

says "Call outcome."

A Sure. So the "Call Outcome" column basically lists each

call outcome that were found within the 405 spreadsheets.

Q You say "Call Outcome." That's one of those words like

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"answer machine, nuisance call," and so on?

A Right.

Q What's included in the "Number of Calls" column?

A So the "Number of Calls" column shows how many times I

found each call outcome code within the 405 spreadsheets.

Q For example, the first call -- by the way, are these put

in any particular order?

A Yes. They're ordered by the greatest number of outcomes

to a particular disposition and then sorted down to the least.

Q Let's take a look at the first one. It says, "Answer

machine." How many calls did you find were --

MR. FOSTER: Objection to the characterization of the

lines as calls. There is no foundation for that.

THE COURT: Would you rephrase, please.

MR. DOVEL: Sure.

BY MR. DOVEL: 

Q In your column, when it says "number of calls," what does

that mean, "number of calls"?

A So the number of calls basically means how many times I

found that particular call outcome code within the 405

spreadsheets.

Q Now, for the call outcome "answer machine," what's the

number of calls that you found in those 405 contact lists or

spreadsheets?

A I found that 1,654,059 calls contained the call outcome

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code of "answer machine."

Q Now, there are some of these that are highlighted in

yellow, and then you have a footnote at the bottom of the first

page.

Do you see that?

A I do.

Q And your footnote says, "Yellow highlight equals no

artificial or prerecorded voice could have played according to

Mr. Gidley; see Mr. Gidley's April 4th, 2018 declaration."

Can you explain what that means to the jury.

A Yes. In reviewing Mr. Gidley's declaration, he had

provided specific call outcome codes where he indicated no

prerecorded or artificial voice would have played.

Q Those include items like "no answer, disconnected by user,

ring/no answer," and so on?

A Correct.

Q If we look at the "call outcome" and the "number of calls"

column, and we see an item highlighted in yellow, what would

that contain?

A That would indicate that that call contained an outcome

that was listed in Mr. Gidley's declaration as not using an

artificial voice.

Q If it does not contain a highlight, what would that

indicate?

A That would indicate the opposite.

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Q Now let's turn to page 2, and I want to go down to the

bottom. If we could zoom into the totals that are down there,

starting with "no outcome listed."

What is included in the row that says, "no outcome

listed"? 

A That is any time I found a call that did not contain a

disposition code.

Q Did you find that some of the spreadsheets did not have

disposition codes included in them?

A I did.

Q What's the total for 36 that you found for "no outcome

listed"?

A The total was 1,700,134.

Q Now, the next line down says, "Total number of calls."

What does that represent? 

A That is the count of each individual disposition code. I

took all of those totals and then summed them at the bottom.

Q And then the final line says, "Number of calls where no

artificial or prerecorded voice could have played according to

Mr. Gidley."

A Yes.

Q What does that indicate?

A That indicates the total of the highlighted disposition

codes.

Q The ones that were indicated by Mr. Gidley as where no

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artificial or prerecorded voice could have played?

A That's right.

Q And to be clear, when you say the "total number of calls,"

that's the total number of rows that were on each contact list.

That's not the total number of disposition codes; is that

right?

A That's right.

Q In other words, if we took the total number of calls and

subtracted the ones where no outcome is listed, we would have

the total number where there was a disposition code provided;

is that right?

A Can you rephrase that?

Q Yeah. If we took the total number of calls and subtracted

the ones where there were no outcome listed, what would we

have?

A Well, just to make it a little easier: The total number

of calls essentially -- if we took -- so if we added up all of

the disposition codes on the first page and then we added all

of the disposition codes on the second page and then we also

added that bottom one, which was the 1.7 million, if we added

all those together, then we would end up getting the total

number of calls.

Q Now, if we took the total number of calls and subtracted

from it the ones where there was no outcome listed, would we

have the total number of calls where there was a disposition

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code?

A That's correct.

Q And if we took that number and then subtracted the ones

that you totaled up, the 415,000, where there was no artificial

or prerecorded voice could have played according to Mr. Gidley,

we would be left with the disposition codes where an artificial

or prerecorded voice could have played; is that correct?

MR. FOSTER: Objection. Foundation.

THE COURT: One moment. Brief response, Mr. Dovel.

MR. DOVEL: The witness has indicated that in the

prior testimony that the ones that are not highlighted mean

that a prerecorded voice could have played, and that's just

what that math does.

THE COURT: He doesn't have testimony on that. We

know that the highlighted ones are the ones that Mr. Gidley has

said that there could have been no prerecorded voice, correct?

MR. DOVEL: Right.

THE COURT: And the balance, arithmetically, are the

ones where Mr. Gidley did not make that statement?

MR. DOVEL: That's right.

THE COURT: All right.

MR. DOVEL: That's the question I want to ask.

THE COURT: All right. Then rephrased in that way,

do you agree?

THE WITNESS: Yes.

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THE COURT: Okay.

BY MR. DOVEL: 

Q Now, let's turn to Exhibit 36A. Let's start by putting up

the whole thing.

Now, you provided some testimony about this

yesterday, but I want to revisit a couple of things to make

them clearer for the jury now that they can see the whole

document. Is the total number of calls in 36A, is it the same

as or different than what was in 36?

A It is different.

Q And how does it differ?

A So it differs in that I removed the extra calls to phone

two, and I also removed calls to businesses that I found. The

other difference is now it's also in columns between the

WinBack campaign and the non-WinBack campaign.

Q Let's take a look. We still have the column that says

"Outcome." Is that the same as the one we just talked about?

A The "No outcome listed," or are you talking about the

first page?

Q I'm talking on the first page. We have a column that says

"Outcome," and it has what appear to be disposition codes

listed in it; is that correct?

A That is correct.

Q And then we have got two new columns, "WinBack campaigns"

and "Other campaigns." Do you see that?

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A I do.

Q What is included in the WinBack campaigns column?

A So the "WinBack campaigns" column is where I took all of

the contact lists that were used in the WinBack campaign, and

then I totaled the disposition codes for those in particular.

Q And what's included then in the "Other campaigns" column?

A The "other campaigns" were any contact lists that were not

used in "WinBack campaign."

Q Now, what's found in the "Total" column?

A The "Total" column is the total of both of those.

Q Does the total indicate the total for the 405

spreadsheets? That's your total analysis for all of the

spreadsheets?

A That's correct.

Q And then the "WinBack campaigns" is just the count for the

calls that are associated with WinBack campaigns?

A Correct.

Q How did you determine which campaigns were WinBack

campaigns and which campaigns were "other campaigns"?

A Based off of information provided by Defendant ViSalus.

Q All right. Let's turn to the second page and look at the

totals again. Can you zoom in on that.

Now, here, we have another row that says "no outcome

listed." Do you see that?

A I do.

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Q Does that indicate the same kind of information that

you've described before where there would be no outcome or

disposition code provided for the call?

A Yes.

Q And we have got that broken into two pieces. Is the first

one "WinBack" and the second one "other campaigns"?

A That's correct.

Q Then, again, the total is the third column over there?

A Correct.

Q With this summary, what's the total number of calls that

you counted where there was no outcome listed?

A The total number was 1,690,482.

Q Now, let's look at the next row, the one that says "total

number of calls." What is the total number of calls that you

counted in this summary?

A The total number of calls is 4,123,856 calls.

Q Now, these calls are broken -- this total number is broken

between WinBack and non-winBack again?

A That's correct.

Q If I look at these numbers correctly, is it the case that

about three out of four of the calls were for WinBack

campaigns?

A That is correct.

Q Now, there is an additional row at the bottom of this

summary, "Calls to numbers associated with a business."

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What does that represent?

A So that represents any time I found a business, I would

end up removing that call. That's the total of the businesses

I removed -- the calls of the businesses I removed.

Q I would like to have you open up our example, 38-115, if

the jurors could follow along. We are just going to go right

to the first page and look at the first item there.

The first entry here says, "First name, 90 equals

zero; last name, Inc." 

Do you see that?

A I do.

Q What did you do with that one on this analysis with

regards to calls to numbers associated with a business?

A That one would have been removed.

Q And when you say "removed," it is not included in your

totals?

A That's correct.

Q Is it included in any of the rows where you're providing

the counts for various outcomes or disposition codes?

A It is not.

Q So in your summary, when you got those numbers listed at

the bottom, are those the ones you've already subtracted?

A Yes. I have already subtracted those.

Q Now, there was some testimony yesterday when ViSalus was

examining you about the KCC class list. I want to put up a

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definition of the class. Now, you described the KCC class list

as a list that was designed to identify people who would meet

this class definition; is that right?

A That's right.

Q Did the defendants participate in culling through and

identifying people who should be removed?

A Yes.

Q Did you participate in that process as well?

A I did.

Q On this list it says, "All individuals in the

United States who received a telephone call made by or on

behalf of ViSalus: (1) promoting ViSalus's products or

services; (2) where such call featured an artificial or

prerecorded voice; and (3) 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."

Is that correct?

A That's correct.

Q As a result of the process of identifying the people that

should be on the KCC class list, was there anybody on it that

defendants proposed that we should strike or exclude that was

kept on the list?

MR. FOSTER: Objection, Your Honor. I think now that

this is brought up, I think we need to explain to the jury the

process for creating the class list.

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THE COURT: All right. You may explore that with him

on cross-examination. Overruled.

THE WITNESS: Can you repeat the question?

BY MR. DOVEL: 

Q Sure. If the defendant's lawyers -- if defendant or

defendant's lawyers identified anybody that they thought should

be removed from the class list, was that person removed?

A Yes.

Q When you did your analysis, did you include only people

that were on the class list, or did you have people that were

not on the class list?

A For these particular exhibits it was only people that were

on the class list.

Q If someone had a Canadian mobile cell phone and lived in

the United States, would they have been included in the class

list?

A They would.

Q Why is that?

A So it's possible that --

MR. FOSTER: Objection. Foundation.

THE COURT: Let me first understand. What is your

foundation? How do you know the answer you are about to give

us? 

Talk into the microphone.

THE WITNESS: So can you repeat.

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THE COURT: Sure. You were just asked a question by

Mr. Dovel. There was an objection as to foundation. What that

means is, they want to know -- and I want to know -- how do you

know the answer you are about to give us? Where do you know

that information from?

THE WITNESS: I guess just based on the fact that

Canada borders the U.S., and it is entirely possible that

someone lived in Canada --

THE COURT: Basically just, if you will -- all right.

I'm going to overrule the objection and let you answer.

THE WITNESS: Okay. Yes. I would know that based

off of Canada borders the United States, it is entirely

possible that someone lived in Canada, had a Canada number, and

then moved into the United States, and kept their same phone

number.

BY MR. DOVEL: 

Q Was there an effort made to exclude from the KCC class

list people that lived in Canada?

MR. FOSTER: Objection. Foundation.

THE COURT: Do you know the answer to that question?

Yes or no?

THE WITNESS: I do.

THE COURT: How do you know the answer?

THE WITNESS: So based off of looking at the address

information.

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THE COURT: No, no. Did you play a personal role in

that issue?

THE WITNESS: I did.

THE COURT: You did?

THE WITNESS: Yes.

THE COURT: Overruled. You may answer.

THE WITNESS: So when providing the initial list to

KCC, I had noticed that there actually were Canadian addresses.

So I basically ended up removing those. KCC also looked into

that as well.

MR. FOSTER: Objection. Foundation.

THE COURT: Hold on. I assume the only way you know

about what KCC may or may not have done is what they may have

told you as opposed to you observing something; am I right?

THE WITNESS: That's correct.

THE COURT: That, you can't get into. Sustained as

to that extent.

BY MR. DOVEL: 

Q Describe the process that you did in working on the KCC

class list to limit it to people that lived in the

United States.

A Yes. So what I did in particular was I would find if

Canada was listed or a Canadian city or province, any time I

found those, I would end up removing those people.

Q As a result, are there any disposition codes or call

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outcomes that are counted in 36 or 36A that would include

numbers associated with somebody who lives in Canada?

A There would not be.

MR. DOVEL: Your Honor, I have no further questions

at this time.

THE COURT: Thank you. Cross-examination.

MR. FOSTER: Yes, Your Honor.

CROSS-EXAMINATION 

BY MR. FOSTER: 

Q Good morning, Mr. Davis. I think this will be the third

and last time I've spoken.

A Good morning.

Q First, I would like to talk about something -- about the

Gidley affidavit. The Gidley affidavit does not say that any

of the disposition codes indicate a recorded message was

played; is that correct?

A I wouldn't say that's exactly correct.

Q Do you have the declaration in front of you?

A I do not.

MR. FOSTER: Your Honor, may I approach?

THE COURT: You may.

BY MR. FOSTER: 

Q Mr. Davis, I'm handing you what has been marked as

Exhibit 37, the declaration of Scott Gidley.

THE COURT: Not only has it been marked, but it has

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been received in evidence. So if you want to display it to the

jury, you're welcome.

MR. FOSTER: Your Honor, I'm not sure how to use the

ELMO.

BY MR. FOSTER: 

Q Mr. Davis, have you reviewed this document before?

A I have.

Q Would you tell us where in that document Scott Gidley says

that a certain disposition code means that a message was played

in a call?

A He provided the disposition codes that indicated

artificially prerecorded voice did not play.

Q Yes. But you would agree that is not the same -- nowhere

in that affidavit does he concede or state that the other

disposition codes listed mean a call was played, does he?

A Not in there, but in defendant's stipulations I would say

that would indicate that.

Q So it is your position that the stipulation says that a

artificial or prerecorded voice was played for all the

disposition codes not marked in paragraph 7 of Gidley's

affidavit?

A Yes.

Q Okay. Mr. Davis, throughout your testimony you referred

to the numbers you've tabulated in your summary as "calls"; is

that correct?

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A That's correct.

Q I believe about over 2 million or so of those calls, those

telephone numbers have no disposition codes; is that correct?

A That is correct.

Q So you don't know if it was a call, what happened during

that call, right?

A Not for those in particular, no.

Q You don't even know if those numbers were called, do you?

A I would not know for certain, no.

Q Because a number on the list by itself without a

disposition code, there is no way to tell whether that number

was ever dialed; is that correct?

A That's correct.

Q So in actuality neither 36 or 36A is a summary of calls;

is that right?

A It's a summary of calls every time a disposition code is

shown.

Q But you agree you included numbers from your database that

didn't have disposition codes, right?

A That's correct.

Q And you don't know for those numbers, without disposition

codes, whether those numbers were called, right?

A That's why I broke those out into the separate row at the

bottom.

Q I understand. But again, your exhibits are titled

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"summary of calls," right?

A That's correct. I suppose to go back on what I said

before, I honestly don't know if it was called or not.

Q Okay. So in the bottom right corner where you total up

all the numbers, and you listed those as the total number of

calls, that's not a correct characterization of what you were

summarizing, is it?

A I wouldn't say that's correct.

Q Mr. Davis, you just agreed with me that numbers without

disposition codes, you don't know one way or another whether

that's a call, right?

A But I also don't know for certain that it's not a call.

Q Okay. So you're just speculating when you describe it as

a call, right?

A Well, based off of what I learned reading through --

Q I'm not asking what you learned in your reading. I'm

asking if you are speculating --

A I don't think it is speculation.

THE COURT: Hold on, folks. One person speaks at a

time. We have to do that in order to have a clean record. So

whoever is speaking, the other person must wait, including your

answer.

THE WITNESS: Understood. So my understanding of the

reason for the documentation for the POM machine is basically

when someone takes a contact list, they insert it into the POM

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machine, and then the POM machine makes all of those calls.

MR. FOSTER: Your Honor, I object to this on

foundation.

THE COURT: One moment. I'm going to overrule that.

You may ask your next question.

BY MR. FOSTER: 

Q Mr. Davis, let's talk very, very briefly about the KCC

class list. I know we have gone over that issue ad nauseam.

But my understanding of why you took the KCC class list and ran

it against the 405 spreadsheets is to try to identify those

individual numbers that could be associated with someone in the

class; is that correct?

A That is correct.

Q Because, again, you wanted to make sure, where possible,

that you've limited your summary to only those people who may

be class members, correct?

A That is right.

Q Did you know that Ms. Wakefield isn't listed in the KCC

class list?

A I don't know that I looked in particular, so --

Q But you helped prepare the KCC class list, correct?

A I did help prepare that.

Q You didn't think to check if the named plaintiff is part

of the class list?

A I wasn't asked in particular. I couldn't say if she is or

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is not.

Q Would you find it strange that the named plaintiff would

not be included in the KCC class list?

A I wouldn't really have an opinion on that.

Q Okay. Let's turn to the actual summaries, Exhibits 36 and

36A. You would agree with me that those summaries are riddled

with some problems, aren't they?

A I would not agree.

Q People outside the United States aren't included in the

class definition; is that right?

A Can you repeat that?

Q Individuals who reside outside the United States are not

included in the class definition; is that correct?

A That is correct.

Q Okay. But you found, as I believe you were just

discussing with Mr. Dovel, you found tens of thousands of

numbers associated with Canadian area codes; isn't that right?

A Am I allowed to talk about the other exhibit?

THE COURT: I think the question is a yes or no. Am

I mistaken? He is asking if you found tens of thousands of

numbers associated with a Canadian area code. You either did

or you didn't.

THE WITNESS: Okay. Yes.

BY MR. FOSTER: 

Q Okay. And those numbers were included in your total call

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counts for Exhibit 36 and Exhibit 36A, isn't that correct?

A That is correct.

Q Do you know how many Canadian numbers you found -- that

you included in Exhibit 36 and 36A?

A Not precisely at this moment. That's kind of why we ended

up running -- that's what my question was a second ago. That's

why we ended up running the other exhibit.

Q Why you ended up running what you attempted to introduce

as Exhibit 36B?

A That's right.

Q Because Exhibit 36 and Exhibit 36A weren't accurate, were

they?

A They were accurate in terms of counting what I found in

the contact list.

Q But they included, from my count, 58,000 Canadian numbers,

correct? Does that sound unreasonable, or is that close to

what you found?

A I found those numbers. But again, still, those numbers

could have been tied to people within the United States. I

don't know.

Q But you didn't -- again, you don't know how many Canadian

area numbers you included in 36 and 36A?

A Not precisely.

Q Okay. You would agree that if those telephone numbers --

if the people called at the end of those telephone numbers were

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Canadians, they shouldn't be included in the class, right?

A If they were living in Canada, I would agree.

Q Okay. And it's your position that the tens of thousands

of Canadian numbers that you found were people that probably

moved from Canada to the United States, correct?

A I'm not sure.

Q Okay. And when did you realize there were Canadians in

your summary, 36 and 36A -- Canadian numbers, that is?

A When I was in the process of creating Exhibit 36B.

Q When was that?

A That was on April 6th.

Q Okay. So just this last week?

A That's correct.

Q Besides Canadian numbers, did you find numbers associated

with any other countries?

A I did.

Q Which countries were those?

A I can't say all the different ones in particular.

Q Can you list the ones you remember?

A I can't really say.

Q Do you have any idea how many other numbers may be in 36

and 36A associated with numbers related to other countries?

A When I ran the Google checker in particular I basically

had just drilled it down to U.S. only, so I didn't take a good

look in terms of all the different other countries that were

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involved. I was just limiting it down to the United States

numbers.

Q So if I understand you correctly, you don't know how many

foreign numbers are included in the totals for 36 or 36A,

correct?

A I don't know an exact number, no.

Q The summary -- strike that.

Exhibits 36 and 36A don't identify -- there's no

column saying these are the number of foreign -- these are the

number of calls associated with foreign numbers, does it?

A It does not say that.

Q So there is really no way for the jury to determine

whether a call counted in your summary is a Canadian number or

if it is a U.S. number or if it is some other number in the

world, is there?

A Repeat one more time.

Q There is no way for the jury, looking at Exhibits 36 and

36A, to determine whether a number that you counted is a U.S.

number or some other number from around the world, is there?

A Well, you had asked me based off of what other particular

countries. I do have an idea knowing how many numbers

potentially could have been removed from both of these.

Q That's not what I'm asking. I'm asking is there any way

for the jury, looking at Exhibits 36 and 36A, to know how many

foreign numbers you included in your count total?

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A Solely looking at the exhibits, no, they would not.

Q Okay. Mr. Davis, you also discovered in your review of

the underlying data for Exhibits 36 and 36A that there were

thousands of numbers associated with 1-800 or other 800,

toll-free numbers; is that correct?

A I found toll-free numbers.

Q Did you find more than one?

A I did.

Q Did you find more than one hundred?

A I can't recall the exact count offhand, but I believe it

was probably around more than that.

Q What about more than a thousand?

A I don't recall.

Q So you're not sure.

Do you know anyone who has a 1-800 or other toll-free

number as their cell phone number?

A I don't personally.

Q Do you know anyone who has a 1-800, a toll-free number, or

other 800 toll-free number as their home line?

A I don't in particular.

Q You would agree with me that where you see a number that's

a toll-free number, 1-800/877, those toll-free numbers are

generally associated with businesses, right?

A I would say so.

Q So you would agree with me that there are numbers that you

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counted in Exhibits 36 and 36A, in those totals, that are 1-800

numbers, right?

A There are some.

Q Yes. And those numbers were likely associated with

businesses, correct?

A I would say likely.

Q Now, in your Exhibit 36A total computation for what you

consider associated with a business, did you include those

1-800 numbers?

A I didn't drill by 1-800 numbers in particular.

Q You just went by name, right?

A I did go by name.

Q If, for instance, there was a number -- a 1-800 number

listed with what seemed like an individual's name, that number

wouldn't be included in your total of numbers associated with

businesses, right?

A That's right.

Q So you would agree with me that that number, that 6700

business number, doesn't include all the probable business

numbers in Exhibit 36A, does it?

A I would agree it might not include every single business.

But again, I did my best to remove as many businesses as I

could.

Q You did your best.

Okay. Now, you would also agree with me that you

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found thousands of what I'll call fake numbers in the data

underlying summary, 36 and 36A, correct?

A In creating 36B, I did notice there were some invalid

numbers.

Q But again, were those invalid numbers -- strike that.

Those invalid numbers that you said you found when

creating 36B, those numbers are included in the count totals

for 36 and 36A, correct?

A They are included.

Q For example, you found hundreds of calls with a 555 area

code, correct?

A I can't recall the exact area codes from every single one.

Q Did you find any calls to a 555 area code?

A I don't recall the exact area codes, but I do know that

based off of the -- putting together 36B, whenever an invalid

number was called by ViSalus, it would essentially show up with

a "no answer" code.

Q About how many invalid numbers would you estimate were

included in Exhibit 36 and 36A in their call totals?

A I couldn't say the exact amount.

Q Is there any way for the jury to determine, by looking at

Exhibit 36 and Exhibit 36A on its face, to determine which

calls went to invalid numbers?

A They wouldn't be able to tell the total, but they could

account that if no answer is basically going to be taken out

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because that has no prerecorded voice, that it would at least

be included within that count.

Q Now, let's talk about the process that you went through to

verify -- to find the business numbers that you listed in

Exhibit 36A. What search terms did you use to identify what

numbers were associated with businesses?

A So I went through a variety of search terms. I used

"LLC." I used "Inc." I used "Incorporated." I ended up

looking for schools. I searched for "school; university." I

believe I looked for "consultants; construction." So I ran

through a number of terms. I do have that written down

somewhere in an email. I don't recall offhand every single one

that I did, but all the common business identifiers that I'm

familiar with, I ended up searching for those. Then that's why

furthermore I ended up doing the filter where I looked for

longer names in the last name column because I realized I

probably wouldn't have found every single one. And some

businesses don't have "LLC" or some sort of suffix at the end,

so I manually removed those. As I mentioned before, the

defendant did not have a column that just said is this a

business or not, and so I had to basically rely on myself to

figure that out.

Q If there was a business name that wasn't identified by

your search parameters and had a name that was less than 15

characters, you didn't find it?

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A It's possible.

Q Is it possible that there are additional businesses that

you included in your call counts that you didn't identify

through your search terms -- basically your scrub for

businesses?

A I couldn't say for certain. It is possible I got them

all.

Q And if there are additional businesses included in your

call counts, again, there would be no way for the jury to know

which calls are associated with businesses just looking at

Exhibit 36 and Exhibit 36A, is there?

A Just looking at it, I suppose not.

Q Now, Mr. Davis, in your review, did you find instances

where there were dozens of names associated with a single

telephone line?

A I did.

Q Did you find that strange?

A I wasn't sure what the reason for that was, so -- 

Q What if you had found 100 names associated with a single

number? Would you have found that strange?

A It would depend.

Q On what?

A Well, I would assume a family is not going to have a

hundred people, so, yeah, I suppose I would categorize that as

a little strange.

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Q I agree. I think it wouldn't necessarily be strange, but

100, you would agree, would be more than probably the amount of

people in a family who would put down their number for multiple

promoter applications?

A Say it one more time. I didn't catch the end of that.

Q Strike that.

Would you find it strange if there were 33,000 names

associated with one number?

A Would I find it strange, you said?

Q Yeah.

A Well, again, I don't know how they put together their

sheets. I don't know how they assigned numbers.

Q Did you know that telephone number (469)287-8490 is linked

in your database to 33,000 different names?

THE COURT: May I have that number again?

MR. FOSTER: (469)287-8490?

THE COURT: Thank you.

THE WITNESS: I can't remember the numbers in

general. I do know there were some numbers that had multiple

names.

BY MR. FOSTER: 

Q I think I can help you out with this.

MR. FOSTER: May I approach, Your Honor?

THE COURT: You may.

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BY MR. FOSTER: 

Q Mr. Davis, I'm handing you a printout from your database

summary.

THE COURT: I'm not sure I want it.

MR. FOSTER: You're sure, Your Honor?

THE COURT: No, I'm not sure. I will listen. I may

change my mind. But for right now, I'll just listen.

MR. FOSTER: I'll leave it here, Your Honor.

THE COURT: Thanks.

BY MR. FOSTER: 

Q Mr. Davis, does this appear to be the data included in the

databases that you used to create Exhibits 36 and 36A?

A It appears to be.

Q Mr. Davis, I would like you to flip through these sheets.

Spend as much time as you need. Will you tell me what number

is associated with each of the lines from your database?

A Based off of reviewing a few of these pages, it looks like

it is (469)287-8490.

Q Mr. Davis, why don't you just go ahead and flip to the

last page. Each of those pages are double-sided. There are

about 70 lines on each page. There are two volumes. I

couldn't possibly bind all that paper. But if you want to flip

through all the way to the end just to verify. What number do

you got there?

A It's the same number.

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Q Okay. I believe it is your position with these summaries

that every time a number appears in your database, that

represents a potential call to a class member; is that correct?

A That is correct.

Q And based on what you have in front of you, how many calls

does your database show went to (469)287-8490?

A Well, offhand, I can't tell how many there are just by

looking at this document, but I suppose I would say that just

because the names are different doesn't mean that phone number

wasn't called that many times and whoever's name is really tied

with that phone number must have received a ton of calls.

Q That wasn't my question. Why don't I help you. Why don't

we turn to the first page of the first book and look in the top

left corner.

Do you see that?

A Yes.

Q What number is that?

A (469)287 --

Q Which line number?

A Can you ask me again, please?

Q We are on the first page of the first booklet. Go all the

way to the top left corner. What line number do we start on?

A Line No. 2.

Q And let's flip all the way to the last page and see what

line number we have there for the last supposed call.

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A 27069 --

Q The second book, Mr. Davis.

A You are asking me to go to the last page of the second

book?

Q Yes, the second book.

A Okay.

Q What's that number?

A That number is 58,801.

Q So 58,800 calls associated with one number?

A That appears to be so, yes.

Q Mr. Davis, again, flipping through these notebooks, what

can you tell me about the names associated with that number?

A I could say that there are various names included.

Q Would you agree with me that there are probably thousands

of different names associated with that number?

A I couldn't say if there are thousands, but there are

multiple.

Q Mr. Davis, they are alphabetically listed. Why don't you

flip through until you are comfortable telling me there are

thousands of names associated with that number.

A Even flipping through, there are so many pages. Without

using the computer, I wouldn't be comfortable giving you an

exact number.

Q I'm not asking for an exact number.

A I wouldn't even be comfortable giving you an estimate.

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Q Again, because there are so many pages, 58,000 lines, and

you're not comfortable giving me an exact number?

A There are a lot of numbers.

Q This comes from your data, correct?

A It comes from the data, yes.

Q The data you used to create 36 and 36A, right?

A Yes.

Q When you were creating the summaries, did you look for

repeating numbers? Did you look for this situation?

A I believe I noticed there were a few numbers that had more

than one name. But again, I just figured it was still a call.

It was more an error on the defendant's side in terms of how

they named it.

Q So it was an error on the defendant's side, the fact that

this number appeared in your database 58,000 times? That's

your position? You assumed that?

A I'm just counting off of how many rows go into the POM

machine. I am not really looking at it in terms of who the

names of the people are.

Q Okay. You would agree with me that these 58,000 entries

were included in the call counts for both Exhibit 36 and

Exhibit 36A, correct?

A Yes.

Q Now, all of these problems we have discussed -- the

Canadian numbers, the business numbers, the 1-800 numbers, the

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S. Davis - X

fact of these 58,000 calls -- those inflated the call counts in

your summaries, didn't they?

A What do you mean by "inflated"?

Q They made the numbers larger.

A They were included.

Q Yes. So these summaries really can't be trusted, can

they?

A I wouldn't agree with that.

Q All right. Now, again, based on my understanding of the

database used to create the summary, every time we see a number

listed, whether that number be listed -- every time you see a

number listed, that means, for your summary's purpose, you

think the number was called, right?

A That's correct.

Q So if we see a name, say Bob, and Bob's number and name

are listed ten times, for the purposes of your summary, you are

taking the position that Bob was called ten times, right?

A I am taking that position.

Q Did you know in your database that Ms. Wakefield is only

listed one time?

A I believe her husband is also listed in there under the

same number.

Q How many times was her number listed?

A In this particular database I believe it was two times.

Q Two times. And it's your understanding that it is

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Ms. Wakefield's position and testimony, and, frankly, the

exhibits -- her own number show she was called five times,

right?

A Yes. And I know why that is.

Q Okay. Now, I believe you testified previously that you

read the Avaya manual; is that correct?

A That is correct.

Q Specifically the Avaya manual's description of each

disposition code, right?

A I have read through their disposition codes, yes.

Q You would agree with me that there is no disposition code

that reads "message played," right?

A Not that I saw.

Q And none of the descriptions for any of these disposition

codes in the Avaya manual say that if you see this disposition

code, that a prerecorded message was played; isn't that

correct?

A I didn't see that in there.

MR. FOSTER: No further questions.

THE COURT: Redirect.

MR. DOVEL: Thank you, Your Honor.

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REDIRECT EXAMINATION 

BY MR. DOVEL: 

Q Mr. Davis, do you have 36B with you?

A I do.

Q Now, you were asked a few minutes ago if you could

remember exactly what the result would be if you performed your

analysis of removing phone numbers that were Canadian or

foreign or had invalid numbers. Looking at 36B, can you tell

us how that would change the total number of calls?

MR. FOSTER: Objection. Foundation. And again, 36B

isn't in evidence, Your Honor.

THE COURT: Sustained.

MR. DOVEL: Your Honor, I'm not moving 36B into

evidence.

THE COURT: I understand you aren't. It is excluded

for the reasons that I stated yesterday.

MR. DOVEL: All right.

BY MR. DOVEL: 

Q Now, can you give us an estimate in response to counsel's

question of the number of calls that would be removed if we

were to remove the Canadian numbers and invalid numbers and so

on?

MR. FOSTER: Objection.

THE COURT: Sustained.

MR. DOVEL: I believe counsel asked that question,

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S. Davis - ReD

Your Honor.

MR. FOSTER: And I believe he said he didn't know,

Your Honor.

MR. DOVEL: And I'm following up on that. I'm asking

it again.

THE COURT: All right. Well, since defendant is not

disagreeing that they asked the question, I'll say you opened

the door. Objection is overruled.

You may answer.

THE WITNESS: Can you repeat the question?

BY MR. DOVEL: 

Q Yeah. If we were to remove from your analysis from your

summaries the numbers that were associated with Canadian

numbers, non-U.S. numbers, invalid numbers, all those things,

what would that remove from the total?

MR. FOSTER: Objection, Your Honor. I don't believe

I asked that question.

THE COURT: You just said that a few minutes ago.

MR. FOSTER: Your Honor, I believe I asked if the

jury, looking at Exhibit 36 and 36A, just looking at that,

whether they could tell how many Canadian numbers, et cetera,

were included in that summary.

THE COURT: That's the way I remembered you asking

the question. That's why I was surprised by your statement a

few minutes ago.

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MR. DOVEL: That's a different question. He asked

that one, but he asked the one I asked as well.

THE COURT: I don't recall that, but I'll take your

word for that, Mr. Dovel. So I'll allow you to answer.

THE WITNESS: Can you repeat it one more time?

MR. DOVEL: Sure.

BY MR. DOVEL: 

Q If you were to take out from the total disposition codes

the calls associated with Canadian numbers, non-U.S. numbers,

invalid numbers, all of those things that defendant was asking

you about, how many would that remove approximately?

A Approximately 90,000 calls -- around.

MR. DOVEL: Your Honor, let me get the whiteboard, if

I could.

MR. O'NEAL: We can't see it.

THE COURT: That's not the way we do it, Mr. O'Neal.

Why don't you go around and step to wherever you can see it,

but don't step into the jury box.

Although, Mr. Dovel, could you move the podium so

that Mr. O'Neal and Mr. Foster can see the whiteboard, please.

Thank you.

BY MR. DOVEL: 

Q If we go to 36A, what's the number for the total calls

that you concluded based upon your count?

A 4,123,856.

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S. Davis - ReD

Q And remind me what was the number that you just provided

us, the estimated calls that would be removed if we removed the

items --

THE COURT: He said approximately 90,000.

BY MR. DOVEL: 

Q If we subtract 90,000 from that total, my math says that

we get --

THE COURT: One second. Mr. Foster, if you want, you

are welcome to come over here.

BY MR. DOVEL: 

Q 4,033,856; is that right?

A That's right.

Q Now, sir --

MR. DOVEL: We are done with the whiteboard.

THE COURT: Mary, would you put the whiteboard back.

Mary, I would like it basically facing against the

wall so it's not distracting.

Thank you.

BY MR. DOVEL: 

Q Now, in doing your analysis, was there any reason to

exclude from your count a phone number that was an invalid

number; one where if you dialed it, it wouldn't go through?

MR. FOSTER: Objection. Foundation, speculation, and

improper opinion.

THE COURT: One moment. Sustained as to opinion.

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S. Davis - ReD

BY MR. DOVEL: 

Q You were asked about whether this analysis was

untrustworthy or unreliable or deficient by defendant. If your

totals include numbers that were dialed for invalid numbers,

does that make this in any way deficient or invalid?

A It does not.

MR. FOSTER: Objection. Improper opinion.

THE COURT: You opened that door. Overruled.

BY MR. DOVEL: 

Q Why not?

A As I mentioned before, invalid numbers would still be

dialed, and then they would have a "no answer" disposition

code.

MR. FOSTER: Objection. Speculation.

THE COURT: Overruled.

BY MR. DOVEL: 

Q The defendant identified -- raised with you that your

approach to removing businesses might have missed some. Did

the defendant identify any businesses that your analysis had

missed?

MR. FOSTER: Objection.

THE COURT: Overruled.

THE WITNESS: No, he did not.

BY MR. DOVEL: 

Q In your analysis you described a process that you used.

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S. Davis - ReD

Did the defendant, in looking through, did they identify any

other numbers that they said were businesses that should have

been removed?

A They did not mention.

MR. DOVEL: One moment, Your Honor.

BY MR. DOVEL: 

Q Now, you were asked about the subject of Ms. Wakefield

only appeared two times -- her number -- in your spreadsheet,

your analysis. Why is that?

A I had found that she appeared two times in my analysis,

but within the initial production of roughly 2,000 contact

lists, she had appeared five total times.

MR. DOVEL: Your Honor, no further questions.

THE COURT: Recross?

MR. FOSTER: No, Your Honor.

THE COURT: All right. Mr. Davis, thank you very

much. You may step down.

Would you return the big books there to Mr. Foster.

Mr. Foster, would you come get those, please.

MR. FOSTER: I'll come get them, Your Honor.

THE COURT: Are we done with that thick

demonstrative, the other one?

MR. FOSTER: I think so.

THE COURT: Since that's not in evidence, let me ask

the jury to pass it forward so plaintiff's counsel can collect

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Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 50 of 200
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it and so you don't trip over it.

Thank you, Mary.

All right. At this time the plaintiff may call the

next witness.

MR. DOVEL: Your Honor, we are going to offer into

evidence two exhibits. P47, the one that was discussed

extensively in the pretrial.

THE COURT: 47?

MR. DOVEL: 47.

THE COURT: One moment. Let me get my notes.

MR. DOVEL: Exhibit 47 --

THE COURT: Give me one minute. I thought we were

done with exhibits. One moment.

All right. We talked about this previously. Any

further comments from defendant?

MR. O'NEAL: Renew the same objections, Judge.

THE COURT: I will overrule that. So 47 is received

in evidence.

MR. DOVEL: We offer Exhibit 50.

THE COURT: One moment. I do recall the previous

objections.

Anything further?

MR. O'NEAL: No, Your Honor.

THE COURT: All right. Overruled. 50 is received in

evidence.

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Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 51 of 200
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Anything further?

MR. DOVEL: That's the last exhibit, Your Honor.

THE COURT: All right.

MR. DOVEL: As our final witness on the witness list

was the --

MR. O'NEAL: Objection, Your Honor.

THE COURT: Do you have any more witnesses? Yes or

no, please.

MR. DOVEL: The witness we wanted to call is not in

the courtroom.

MR. O'NEAL: Objection, Your Honor.

THE COURT: All right. Then I take it plaintiff

rests?

MR. DOVEL: Yes, Your Honor.

THE COURT: All right. The defense may call the

first witness.

MR. O'NEAL: Your Honor, the defense rests.

THE COURT: All right. And that means that there is

no rebuttal case.

So, members of the jury and Mr. Apodaca, here is what

I would like to do next. Unless anybody needs or wants a break

now, I would like to go straight into giving you the final jury

instructions and then take a recess. Let the lawyers

reorganize, and then when we come back from the recess, you'll

hear closing argument.

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Let me start with you, Dennis. Is that okay with

you?

THE COURT REPORTER: That's fine.

THE COURT: Members of the jury, is that okay with

you?

JURY: Yes.

Mary, here is the original. Will you give each juror

one set of final instructions and one verdict form.

Everyone should have a double-sided document entitled

"Final Jury Instructions" and a double-sided document entitled

"Special Verdict." 

Do you all have that? 

By the way, Mary, for your planning purposes, during

the recess, after I do this, why don't you pass out menus to

them, and the United States District Court will buy your lunch

today.

MR. DOVEL: Your Honor --

THE COURT: Yes.

MR. DOVEL: One thing I neglected, we were going to

provide a copy of the stipulations to each juror.

THE COURT: That's fine. I'll let you reopen your

case for purposes of the stipulation.

Members of the jury, as I'll describe in a few

moments, the parties have agreed to certain facts called

stipulations. I'll tell you more about those in my

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instructions. If you have copies for everyone, you may pass

them out.

Let me double-check with defense counsel. Since I'm

letting him reopen the case to pass out these stipulations, do

you have any defense witnesses or exhibits? I'll let you

reopen now that I have let him reopen.

Mr. Dovel, do you have a set for me? 

MR. O'NEAL: No, Judge.

THE COURT: Okay. All right. So, Mary, we will be

ordering them lunch during the break.

Members of the jury, don't start reading yet. Here

is what I would like to do. No. 1, put the stipulations aside

for a few minutes. You'll have them in the jury room, as I'll

explain.

No. 2, put the verdict aside for a few minutes. We

will get there.

If you'd take a look at the final jury instructions,

in a few moments I'm going to read them aloud to you. That's

how it is done. But you'll have them.

Here is my request or advice: Some people prefer to

learn by hearing things, some people prefer to learn by reading

things, and some people prefer and do just fine when someone

reads something aloud, if you're following along and reading

the same things. That's fine too.

If you want to just put those written jury

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Jury Instructions

instructions aside and listen to me, that's fine. If you want

to follow along as I read, that's fine. But here is what I ask

you not to do: Don't read ahead, because then your ears will

be hearing me talking, and I'll be saying something different

than from what your eyes are seeing. We all think that we can

multitask really well, and we are wrong. So please, don't read

ahead. Either put them down -- you'll have them to refer to

during deliberations -- or read along with me.

JUROR: Your Honor, is it okay if we make notes?

THE COURT: Absolutely. These are yours to keep.

Everything that has just been handed to you -- the

stipulations, the verdict form, the final jury instructions --

they are yours to keep. If, at the end of the trial, you want

to take them with you after the trial is over, fine. You may

leave them here. If they are not confidential, like these are

not confidential, we will just recycle them. If they are

confidential, like your notes and your notebook, you are

welcome to take those with you, if you want; or if you leave

them here, we will shred those.

Okay. I'm going to read these. I am going to start

with a glass of water. I'm starting at the top of page 3.

Members of the jury, now that you have heard all of

the evidence, it is my duty to instruct you on the law that

applies to this case. Each of you has received a copy of these

instructions. You may take them with you to the jury room to

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Jury Instructions

consult during your deliberations.

If any of these instructions are inconsistent with or

different from anything that I said in my preliminary

instructions at the beginning of the trial, these written final

jury instructions control and are what you must apply.

It is your duty to find the facts from all of the

evidence in the case. To those facts, you will apply the law

as I give it to you. You must follow the law as I give it to

you whether you agree with it or not. You must not be

influenced by any personal likes or dislikes, opinions,

prejudices, or sympathy. That means that you must decide the

case solely on the evidence before you. You will recall that

you took an oath to do so.

Please do not read into these instructions or

anything that I may say or do or have said or done that I have

an opinion regarding the evidence or what your verdict should

be. Your verdict is for you to decide. In following my

instructions, you must follow all of them and not single out

some and ignore others. They are all important.

When a party has the burden of proving any claim by a

preponderance of the evidence, it means that 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

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Jury Instructions

facts are consists of the sworn testimony of any witness and

the exhibits that are received into evidence and any facts to

which the lawyers have agreed, which are also called

stipulations.

In reaching your verdict, you may consider only the

testimony and exhibits received into evidence, and, of course,

the stipulations. Certain things are not evidence. You may

not consider them in deciding what the facts are. I will list

them for you:

Arguments and statements by lawyers are not evidence.

The lawyers are not witnesses. What they have said in their

opening statements or at other times or will soon say in their

closing arguments is intended to help you interpret the

evidence, but it is not evidence. If the facts as you remember

them differ from the way the lawyers have stated them, your

memory of the facts controls.

Questions and objections by lawyers are not evidence.

Attorneys 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 on it.

Testimony that has been excluded or stricken or that

you have been instructed to disregard is not evidence and must

not be considered.

In addition, some evidence may be received only for a

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Jury Instructions

limited purpose. If I have instructed you to consider evidence

only for a limited purpose, you must do so and you may not

consider that evidence for any other purpose. 

Anything that you may have seen or heard 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 could find another fact. 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.

There are rules of evidence that control what can be

received in evidence. When a lawyer asks a question or offers

an exhibit into evidence, and the lawyer on the other side

thinks that it is not permitted by the rules of evidence, that

lawyer may object. If I overrule the objection, the question

may be answered or the exhibit received. If I sustain the

objection, the question cannot be answered, and the exhibit

cannot be received. When I sustain an objection to a question,

you must ignore the question and must not guess what the answer

might have been.

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Jury Instructions

Sometimes I may order that be stricken from the

record and that you disregard or ignore that evidence. That

means when you are deciding the case, you must not consider the

stricken evidence for any purpose.

Now, certain summaries have been received in evidence

to illustrate information brought out in the trial. Summaries

are only as good as the underlying evidence that supports them.

You should, therefore, give them only such weight as you think

the underlying evidence deserves.

In deciding the facts in this case, you may have to

decide which testimony to believe and which testimony not to

believe. You may believe everything a witness says, or part of

it, or none of it.

Proof of a fact does not necessarily depend on 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 or hear or know

the things testified to; the witness's memory; the witness's

manner while testifying; 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.

Sometimes a witness may say something that is not

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Jury Instructions

consistent with something else he or she said. Sometimes

different witnesses will give different versions of what

happened. People often forget things or make mistakes in what

they remember. Also, two people may see the same event, but

remember it differently. You may consider these differences,

but do not decide that testimony is untrue just because it

differs from other testimony.

If you decide, however, that a witness has

deliberately testified untruthfully about something important,

you may choose not to believe anything that witness said. On

the other hand, if you think the witness testified untruthfully

about some things but told the truth about others, you may

accept the part that you think is true and ignore the rest.

The weight of the evidence as to a fact does not

necessarily depend on the number of witnesses who testify.

What is important is how believable the witnesses were and how

much weight you think their testimony deserves.

All parties are equal before the law. A corporation

is entitled to the same fair and conscientious consideration by

you as any party. The parties have agreed to certain facts

that were given to you in a document titled "Stipulations."

You must treat these facts as having been proved.

A deposition is the sworn testimony of a witness

taken before trial. The witness is placed under oath to tell

the truth, and lawyers for each party may ask questions. The

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questions and answers are recorded.

Excerpts from the deposition of three witnesses,

Justin Call, John Laun, and Scott Gidley, have been read to

you. Insofar as possible, you should consider deposition

testimony presented to you in court instead of live testimony

in the same way as if the witness had been present to testify.

Do not place any significance on the behavior or tone of voice

of any person reading the questions or answers.

Now, those exhibits received in evidence that are

capable of being displayed electronically will be provided to

you in that form, and you will be able to review them in the

jury room. A computer and monitor will be available to you in

the jury room. Either the courtroom deputy or a court

technician will show you how to operate the computer and other

equipment and how to locate and view the exhibits on the

computer.

You will also be provided with a paper list of all

exhibits received in evidence. You may request a paper copy of

any exhibit received in evidence by sending a note through the

courtroom deputy. You know that the courtroom deputy is Mary.

If you need additional equipment or supplies, or if

you have any questions about how to operate the computer or

other equipment, you may send a note to the courtroom deputy,

signed either by your foreperson or by one or more members of

the jury. Do not refer to or discuss any exhibit you are

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Jury Instructions

attempting to view.

If a technical problem or question requires hands-on

maintenance or instruction, a court technician may enter the

jury room with the courtroom deputy present for the sole

purpose of assuring that the only matter that is discussed is

the technical problem. When the Court technician or any

non-juror is in the jury room, the jury shall not deliberate.

No juror may say anything to the court technician or to any

non-juror other than to describe the technical problem or to

seek information about the operation of the equipment. Do not

discuss any exhibit or any aspect of the case. The sole

purpose of providing a computer in the jury room is to enable

the jurors to view the exhibits received in this case. You may

not use the computer for any other purpose.

At my direction, technicians have taken steps to

ensure that the computer does not permit access to the Internet

or to any outside website, database, directory, game, or other

material. Do not attempt to alter the computer to obtain

access to such materials.

If you discover that the computer provides or allows

to such materials, you must inform the Court immediately and

refrain from viewing such materials. Do not remove the

computer or any electronic data from the jury room and do not

copy any such data.

Now, the Telephone Consumer Protection Act, the TCPA,

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Jury Instructions

found at Title 47 of the United States Code, Section 227, 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 telephone number or to a residential telephone line or

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 written

consent of the party being called.

The named plaintiff, Ms. Lori Wakefield, asserts one

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

behalf of a class of similarly situated individuals. That's

Count 2.

Ms. Wakefield alleges that defendant, ViSalus, Inc.,

or 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 that in making these calls, ViSalus used an

artificial or prerecorded voice to play messages without having

the prior express written consent of the called party.

As I mentioned to you at the outset of the trial,

this case includes a class action claim. That's Count 2.

A class action is a procedure that allows the filing of one

lawsuit by a representative or a small number of

representatives on behalf of a group of plaintiffs who have

similar claims. This procedure is intended to avoid

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Jury Instructions

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 composed 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.

You should not hold the physical absence of any class

member from trial against the 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.

Now, Count 1, that's the individual claim by

Ms. Wakefield. To prove her individual claim, Count 1,

Ms. Wakefield must prove each of the following elements by a

preponderance of the evidence:

No. 1, ViSalus made one or more telemarketing

telephone calls to Ms. Wakefield.

No. 2, the call or calls used an artificial or

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Jury Instructions

prerecorded voice.

And No. 3, the call or calls was or were made to

Ms. Wakefield's residential telephone line or residential

landline.

Count 2, that's the class count, the class claim. To

prove her class action claim, count 2, Ms. Wakefield must prove

each of the following by a preponderance of the evidence: 

No. 1, ViSalus made one or more telemarketing

telephone calls to one or more members of the class other than

Ms. Wakefield.

No. 2, those calls used an artificial or prerecorded

voice.

And No. 3, those calls were made to either a class

member's -- other than Ms. Wakefield's -- mobile or cellular

telephone or to that class member's residential telephone line

or residential landline.

Let me define "residential telephone line." The

prohibitions of the TCPA apply both to mobile or cellular

telephones, regardless of whether they are business telephone

numbers, and also to residential telephone lines, also known as

residential telephone landlines.

The TCPA does not apply to any call made to a

business telephone line or business telephone landline.

The parties have agreed or stipulated that

Ms. Wakefield's telephone number was a landline telephone

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Jury Instructions

number and not a mobile or cellular telephone. The parties

disagree, however, over whether Ms. Wakefield's landline

telephone was a residential or a business landline telephone.

You must decide this issue based on the evidence presented at

trial.

In deciding whether a landline telephone is

residential or business, 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 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. The key point is that a residential landline

telephone is used primarily as a residential telephone.

Let me now define for you the term "telemarketing

call." 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.

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Jury Instructions

Let me now define for you "used an artificial or

prerecorded voice." To be liable under the "artificial or

prerecorded voice" prohibition of the TCPA, a person must prove

that a 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 "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 spoke or the message never

actually played, that is not a violation of the TCPA.

Prior express written consent is not an issue. The

TCPA prohibits making telephone calls to residential telephone

lines, residential landlines, or 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 lines or mobile or

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Jury Instructions

cellular telephones for any class member, including

Ms. Wakefield, you will be asked to determine the number of

times that ViSalus violated the TCPA. Each telephone call made

in violation of the TCPA is a separate violation of the TCPA.

There will be places on the verdict form for you to

indicate how many times, if any, ViSalus violated the TCPA in

Count 1 -- remember, that's Ms. Wakefield's individual claim --

and in Count 2, which is the class claim for the class members

other than Ms. Wakefield. You must decide this issue based on

the evidence presented at trial and not guess or speculate.

For both Count 1 and Count 2, Ms. Wakefield has the burden of

proving the number of TCPA violations, if any, by a

preponderance of the evidence.

You will see at the top of page 16 it says "Closing

Arguments." I'm going to suspend or stop my reading of the

instructions now. We will take a recess. When we come back,

we will hear closing arguments. The way it works, we will

first hear from the plaintiff. Then we will hear the closing

argument from the defendant. Because the plaintiff has the

burden of proof by a preponderance of the evidence, the

plaintiff gets to speak first and last. So that would be

plaintiff's rebuttal closing argument. Then I'll pick up on

page 16 and read our last few remaining jury instructions to

you.

At that point the case will be in your hands. It is

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not yet in your hands. It has not yet been submitted to you,

so please do not discuss the case with anyone, including among

yourselves. Don't do any research.

We will take a 20 minute mid-morning recess.

Mary, did they give me a copy of the stipulations?

MR. DOVEL: Here it is, Your Honor.

(Open court; jury not present:)

THE COURT: We are here without the jury. The case

has not yet been submitted to the jury.

Does the defendant have any Rule 50 motions they

wants to put on the record at the close of all evidence?

MR. O'NEAL: Yes, Judge. We would like to move for

judgment as a matter of law under Rule 50 for the following

reasons. The plaintiff failed to submit sufficient evidence

and otherwise establish that each call was made to a mobile or

residential landline for the class members.

I further move on the grounds that plaintiff failed

to submit sufficient evidence or otherwise prove that each call

was made to a cell phone or the number of those calls.

Further, plaintiff failed to prove sufficient

evidence that calls were made to a residential landline, which

was not a business line, or otherwise prove the number of those

calls.

The defendant further moves for judgment as a matter

of law that plaintiff failed or establish by sufficient

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evidence that the landlines that were called were residential

in nature and were not business landlines, and they also failed

to prove which amongst the class members were residential

landlines.

Plaintiff failed to prove and otherwise establish

that a recorded message or an artificial voice was played to

the recovering class members on each of the alleged calls, and

if they were, how many times and to whom amongst the class.

THE COURT REPORTER: Please slow down and start over

with the last section.

MR. O'NEAL: Plaintiff failed to establish that a

recorded message or an artificial voice was played to the

recovering class members; and if said artificial voices or

recorded messages were played, to whom they were played, and

how many times.

Plaintiff did not establish that the message was

delivered or heard for any of the calls; and if said messages

were heard, who heard them, and at what time.

Plaintiff failed to establish that each call to the

recovering class member constituted telemarketing. Plaintiff

also failed to prove that telemarketing calls were used. And

plaintiff failed to demonstrate which calls, amongst the ones

they allege constitute telemarketing calls and which, among of

the class members, received them.

Plaintiff failed to establish the number of calls to

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class members.

Plaintiff failed to establish the number of

residential lines which were called and the number of mobile

lines which were called.

Recognizing that this is subject to a later

determination, but at this juncture plaintiff has failed to

present sufficient evidence that ViSalus acted willfully or

otherwise knowingly in violation of the TCPA.

Ditto. Plaintiff failed to present sufficient

evidence that ViSalus acted with a reckless disregard of the

requirements of the TCPA.

For reasons which are as part of a motion, which is

being filed which we will incorporate by reference, the

defendant asserts that the class is invalid and should be

de-certified. We further assert that Ms. Wakefield is not an

adequate representative for the class, including but not

limited to, that she did not receive any calls on a cellular

telephone. She only received calls on a residential line.

Last, plaintiff failed to put forth sufficient

evidence that each call that made and received was a

telemarketing call; that a message was played or an artificial

voice was played; and that the recipient's phone was either a

mobile or residential.

THE COURT: Thank you, Mr. O'Neal. I do not need to

hear a response from plaintiff at this time.

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I don't think it matters whether I take it under

advisement or deny it. Just in case it does, I think the

safest thing to do is simply for me to say that the Rule 50

motions are denied at this stage. The motion to de-certify is

denied. But I give defendant leave to renew those motions, if

and when appropriate. At that point my plan would be to give

both sides an opportunity to fully brief whatever motions are

briefed -- are asserted -- and probably then have oral argument

on that as well. We will take that up at a later time.

For right now all of the motions articulated by

Mr. O'Neal are denied.

All right. 15 to 20 minutes. Maybe we will start up

at eleven o'clock on the button.

MR. DOVEL: We have some JMOLs as well, Your Honor.

THE COURT: I'm sorry. You are going to get the same

ruling, but go ahead.

MR. DOVEL: Your Honor, we move for judgment as a

matter of law on Count 1, Ms. Wakefield's TCPA claim. The

basis is that no reasonable juror could conclude, and the

evidence is undisputed that the following elements were proven

by a preponderance of the evidence: That ViSalus made

telemarketing telephone calls to Ms. Wakefield; that the calls

used an artificial or prerecorded voice; and that the calls

were made to Ms. Wakefield's residential telephone line.

In addition, we move for judgment as a matter of law

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that the number of calls that were violative of the TCPA to

Ms. Wakefield was five.

We also move for judgment as a matter of law because

no juror could conclude otherwise, and the evidence is

undisputed that the class claim was proven. In particular, the

undisputed evidence established that ViSalus made multiple

telemarketing telephone calls to members of the class other

than Ms. Wakefield; that those calls used an artificial or

prerecorded voice; and that the calls were made either to a

class member's mobile telephone or residential telephone line.

In addition, we move for judgment as a matter of law

that on the class claim that at least one call was made to a

mobile telephone line and that at least one call was made to a

residential line.

Finally, we move for judgment as a matter of law that

the undisputed evidence established that not less than

1.9 million violative calls were made to class members other

than Ms. Wakefield, and that of those, not less than 50 percent

of those -- that is, not less than 950,000 were to mobile

telephones; that not less than 100,000 were to residential

landlines.

That's our basis for our JMOL, Your Honor.

THE COURT: Thank you very much, Mr. Dovel. I don't

need to hear from defendant, for the same reasons I

articulated. I am denying the motion at this time, but, of

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course, you have leave to renew.

All right. Anything else?

MR. O'NEAL: Just quick, Judge. I didn't use the

proper nomenclature with respect to my motion. The motion was

based that there was insufficient evidence and legal standards

such that a reasonable juror could find in favor of the

plaintiff on the claims.

THE COURT: All right. Thank you. It is still

denied. Thank you.

We will start up when that clock says eleven o'clock.

If you want the podium, put it wherever you want. If you don't

want the podium, tell Mary, and she will get it out of your

way.

(Recess.)

(Open court; jury present:)

THE COURT: Welcome back, members of the jury. At

this time I will invite counsel for the plaintiff to deliver

closing argument.

MR. O'NEAL: Could we quickly approach?

THE COURT: Yes, you may.

(A discussion was held off the record at sidebar.)

(Open court; proceedings resumed:)

THE COURT: Let me start this again. At this time I

invite counsel for the plaintiff to deliver plaintiff's closing

argument.

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Closing Argument

MR. FRANZINI: Thank you, Your Honor.

Good morning. At the beginning of the case we told

you that the POM machine was a machine that was designed and

used to deliver prerecorded telemarketing messages to millions

and millions of people. ViSalus told you that the POM machine

was a machine that was designed to connect live agents with

live people. Your job, as the jury, is to decide based on the

evidence which one of those things is more probably true than

not true.

Let's look at the evidence. First, we presented

class evidence; evidence that ViSalus delivered prerecorded

messages -- telemarketing messages to every member of the

class -- to the members of the class.

Now, to prove the class claim, you are going to get

some jury instructions, and they are going to tell you that we

have to prove by a preponderance of the evidence three things.

We have to prove that three things are more likely true than

not true.

First, we have to prove that ViSalus made one or more

telemarketing telephone calls to one or more members of the

class other than Ms. Wakefield.

Two, those calls used an artificial or prerecorded

voice.

And three, those calls were made either to a class

member's -- other than Ms. Wakefield's -- mobile or cellular

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Closing Argument

telephone, or to the class member's residential telephone line

or residential landline.

Now, we have to show that the calls were

telemarketing calls and that they used recorded messages. So

I'm going to address those two requirements together. I'm

going to show you that the evidence showed that the calls

ViSalus made did both of these things. They were telemarketing

calls that used recording messages.

In opening statement ViSalus told you that this

didn't violate the statute in the way that we say they did

because it didn't use prerecorded messages on telemarketing

calls.

MR. O'NEAL: Objection, Your Honor. He's quoting the

transcript.

THE COURT: One moment. It says that in opening

statement ViSalus told you such and such. Isn't that what it

said?

MR. O'NEAL: I just saw quotes.

THE COURT: Right. This is his representation that

in opening statement this is what ViSalus said.

MR. O'NEAL: Withdrawn.

MR. FRANZINI: You heard opening statements, and you

heard ViSalus say, "We don't violate the statute because our

calls didn't use prerecorded telemarketing messages," but then

you heard the evidence. You heard -- let me take a step back.

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Closing Argument

You'll get some jury instructions and jury instructions --

THE COURT: They already have the jury instructions.

MR. FRANZINI: You already have the jury

instructions. Thank you, Your Honor.

Those jury instructions will tell you what it means

for a call to be a telemarketing call. If it is a telephone

call -- let me start over. The term "telemarketing call" means

making or initiating of a telephone call or message for the

purpose of encouraging the purchase of or investment in

property, goods, or services to any person. Then it says, "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."

You got to hear the messages that ViSalus delivered

on its calls. The purpose of those messages was to encourage

the purchase of goods -- the purchase of ViSalus promoter kits

and customer kits, things like that. I have excerpted some of

the things that ViSalus said on these recorded messages so you

can hear it for yourself. 

(The following audio was played in open court:)

"Right now we are offering to you half price on any

kit. We also want to let you know about our brand-new energy

drink called Neon that we just launched, guys. It is energy

that lasts with no crash. It has natural sugars in it. It has

got 24 percent fruit juice. Propriety blended energy.

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Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 77 of 200
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Closing Argument

Antioxidant support. Over 100 percent of six daily recommended

B vitamins. 100 milligrams of caffeine from green tea extract.

It supports healthy metabolism. There is no taurine in it. It

is low sodium. It is dairy-free. It is gluten-free. And it

is only 100 calories. Oh, by the way, it glows under a black

light. It is super cool. You have got to taste it. It is

absolutely amazing."

If that is not a telemarketing message, I don't know

what is. If you want to encourage the purchase of a good or

service, what would you do? You would offer a discount on that

good or service. You would talk about how great the product is

that you're selling. That's how you encourage people to buy

your product.

Let's listen to some more of the messages ViSalus

used.

"We are just reaching out to offer you 50 percent off

as we go into the spring season here."

Again, offering 50 percent off of a product. The

purpose of making that offer is to encourage the listener to

buy that product.

"With 50 percent off your first kit. This offer is

only valid until 6:00 p.m Eastern Standard Time April 2nd, so

call me.

"We were just reaching out to offer 50 percent off as

we go into our spring season here.

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Closing Argument

"With 50 percent off your first kit. This offer is

only valid until 6:00 p.m. Eastern Standard Time April 2nd.

"Your account has been selected for 50 percent off

your next Challenge Kit. To take advantage of this fantastic

offer, please call (248)764-7514.

"I wanted to make sure you had a chance to try our

new energy drink NEON.

"We would like to introduce our brand-new energy

drink NEON.

"Introduce you to our newest product NEON.

"Offer you a change of getting back on the challenge

with us for 50 percent off with any of our top six kits. Also,

you may have the opportunity to add some free products.

"Right now you can actually get one of your kits half

price, if you come back right now; or if you want to upgrade

and become a promoter, you can get $100 off your promoter kit."

All of these messages offered -- these messages

offered discounts. They talked about new products. They

talked about how great these new products were. The purpose of

these calls is to sell ViSalus products, sell their promoter

kits, their new NEON energy drink, and other ViSalus products.

We have those messages, and we are required to show

that those messages were used on calls that ViSalus made. We

had Mr. Gidley -- a sworn statement from Mr. Gidley identifying

those calls that used recorded marketing calls that used

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recorded messages.

In this case you heard from Mr. Davis. There were

over 2,000 contact -- almost 2,000 contact lists. Contact

lists are the lists that ViSalus used with the POM machine to

call names and numbers. You remember you had the big contact

list with over 60,000 names in it. That's one example. There

were almost 2,000 of them.

Mr. Gidley was tasked with going through and figuring

out which of these 2,000 contact lists are relevant to this

case and which of these 2,000 contact lists are not. He

submitted a sworn statement that identified 400 of these

contact lists. You will have that with you in the jury room.

It is Exhibit 37. At the end of it there is a list of the 406

contact lists that Mr. Gidley identified as being relevant to

this case.

Now, Mr. Gidley, he said in his declaration that the

exhibits -- the contact lists listed on his Exhibit A were the

ones that were used for marketing campaigns that ViSalus ran.

He himself identified them as marketing campaigns.

We also went through them and looked at how many of

these marketing campaigns were WinBack campaigns. You heard

from Mr. Davis 75 percent of the contact lists on Mr. Gidley's

sworn statement in Exhibit A were for WinBack campaigns.

A WinBack campaign is a campaign to win back

promoters; to get promoters and customers to come back to

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ViSalus. What does it mean for somebody to come back to

ViSalus? It means that they've purchased ViSalus products.

They get back on the ViSalus challenge and buy ViSalus

products.

So we know that the WinBacks -- the purpose of all

the WinBacks was to sell ViSalus products. Even all the other

ones, for example, the Fuel Kit upgrade campaigns, the upsell

campaigns, the purpose of those campaigns was also to sell more

ViSalus products. Calling somebody who is already a promoter

and telling them, "Hey, we have got this new energy drink

NEON," the purpose of telling them that and telling them how

great it is to sell ViSalus's products. In his declaration

Mr. Gidley said that each one of those 406 spreadsheets -- 406

contact lists was used -- was used to call people using POM --

using the POM machine.

We have a stipulation in front of you. Stipulation

No. 17: "ViSalus admitted and agreed that, with POM, ViSalus

used two campaign strategies." The first campaign strategy is

Press 1. That's a campaign strategy where an artificial or

prerecorded voice instructed customers to press 1 to be

connected to a live person.

So the first POM campaign strategy used either an

artificial voice, a robot voice at the beginning of the call,

or at the end of the call, or a recording like the one you

heard. That artificial voice or recorded voice would say to

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press 1 if you actually want to talk to a live person.

The second campaign strategy ViSalus used with the

POM machine was Voice Casting. It was called Voice Casting

calls. The stipulation says that where an audio -- "A

Voice Casting call is where an audio clip played a prerecorded

call-back message." So it is a recorded message that has a

call-back number.

In the second campaign strategy, ViSalus, with the

POM machine, used a recorded voice -- a prerecorded call-back

message. The messages that you heard, they are all either

Voice Casting messages or Press 1 messages. I'm not going to

play them all for you, but I'll play a few more so you can

listen for yourself. Each one of these messages is either

going to have a call-back message, a message that says to call

a certain number back if you want to talk to ViSalus, if you

want to learn more about this wonderful opportunity, or it will

say, "Press 1 to be connected to a live agent now."

THE COURT: Mr. Franzini, when you play them, before

you play them, will you identify what exhibit they are?

MR. FRANZINI: Yes, Your Honor.

The first one I'm going to play is Exhibit 43-7. It

is entitled "EOM Blast-JEwing."

(Exhibit 43-7 was played in open court.)

MR. FRANZINI: So that was a Voice Casting message on

the POM machine that was used. It had a prerecorded message

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that had a call-back number at the end.

(Exhibit 43-32 was played in open court.)

THE COURT: Mr. Franzini, I mean, like before each

time you play it, will you please identify the exhibit number.

MR. FRANZINI: Yes. I apologize. That was Exhibit

43-32.

The next exhibit I'm going to play is Exhibit 43-14.

(Exhibit 43-14 was played in open court.)

MR. FRANZINI: Again, that's another Voice Casting

message. It had a call-back number at the end.

Your Honor, I'm now going to play Exhibit 43-8.

MR. O'NEAL: Objection, Your Honor.

THE COURT: Basis?

MR. O'NEAL: It does not appear on my list.

THE COURT: One moment. It has been received.

Overruled.

MR. FRANZINI: Thank you, Your Honor.

(Exhibit 43-8 was played in open court.)

MR. FRANZINI: It is another Voice Casting message, a

recorded message with a call-back number.

This is Exhibit 43-25 that I'm going to play next,

Your Honor.

(Exhibit 43-25 was played in open court.)

MR. FRANZINI: Again, that was a Voice Casting

message; a prerecorded message with a number at the end.

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The next one I'm going to play, Your Honor, is

Exhibit 43-15.

(Exhibit 43-15 was played in open court.)

MR. FRANZINI: You heard "Press 1 now." That was an

example of a Press 1 call. Again, this was a recording of the

founder of ViSalus offering a free ticket to come to an event

to learn more about ViSalus products. It was specifically to

inactive promoters, and the purpose of giving them this free

ticket, telling them about all these new products, is to get

them to come back to ViSalus, buy ViSalus products every month

as promoters. I'm not going to play any more, but we have more

recordings in Exhibit 43 that you will have if you want.

All of these recordings are recordings that ViSalus

had and ViSalus gave to us when we asked them to give us the

recordings they used on telephone calls to class members. They

come straight from ViSalus's own records. ViSalus's witness,

Mr. Gidley, he actually identified the recording that was used

to call my client, Ms. Wakefield, in April of 2015.

Here it is. This is Exhibit 43-24.

(Exhibit 43-24 was played in open court.)

MR. FRANZINI: You heard this recording during the

reading of Mr. Gidley's deposition testimony, and you heard him

testify that this was the message that Ms. Wakefield --

MR. O'NEAL: Objection, Your Honor.

THE COURT: Let's not make a big deal over this.

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MR. O'NEAL: Understood.

THE COURT: You're just reporting what they heard.

MR. O'NEAL: That's right, Your Honor.

THE COURT: And I'll also remind the jury that if

your recollection differs from the way that either lawyer

during closing argument reminds you what the evidence was, your

recollection controls.

MR. FRANZINI: You heard Mr. Gidley testify that this

message was sent to Ms. Wakefield.

"QUESTION: Who was that message sent to?

"ANSWER: Presumably it would have been sent to

people on a call list that was created. It would only be

people in her organization, so people in her down-line."

There, "her" refers to Rachel Jackson, the promoter

whose voice you just heard.

"QUESTION: How would that message have been sent

out?

"ANSWER: It would have been uploaded into the

Progressive Outreach Manager, the POM machine, and then sent

via telephone."

Then he was asked:

"QUESTION: And then you'd assume that anyone who was

on that list would have received that voice mail?

"ANSWER: Maybe. It would be a fair assumption.

"QUESTION: Is this a message that was sent to

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plaintiff?

"ANSWER: I believe it would have been."

Mr. Gidley looked into it and identified this message

as the one that was sent to my client, Ms. Wakefield. Again,

this was a telemarketing message. It offered 50 percent off

promoter kits.

You heard in opening statement, "We didn't use

Press 1 for WinBack campaign; for telemarketing campaigns."

Exhibit 44 shows that's not true, and you'll have Exhibit 44 in

the jury room with you. Exhibit 44 talks about Press 1

campaigns. Then it says that a Press 1 campaign is when a

customer/promoter presses 1 to connect to an agent; this is the

dialogue that the agent should use as a general guideline.

Now, you saw the stipulation. Stipulation 17 said

that Press 1 used an artificial or recorded message to say

"press 1 to connect to a live agent." Exhibit 44 shows that

Press 1 campaign type was used for WinBack campaigns. This is

an internal ViSalus document that tells the people -- the live

agents what to do if they actually get a live person on the

phone after that person presses 1. To get to that live agent,

the person first has to listen to a recorded message and

press 1.

In opening statement you heard a lot about this

live connect strategy. ViSalus's lawyer said, "We use the POM

machine as part of this live connect strategy to connect real

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Closing Argument

live people with real live people.

Now, if that were true, there would be evidence

showing that the POM machine was used with this live connect

strategy to connect real people with real people.

ViSalus is not going to be able to show you any

evidence that the POM machine was used to connect live people

to live people. You didn't hear any of the ViSalus people --

ViSalus employees who you heard from during deposition, not one

of them said, "I was there operating the POM machine, and I

used it with this supposed live connect strategy to connect

live people with live people." 

ViSalus could have brought a witness in court to

stand up there and tell you, "I was there. I was part of the

outreach support team that dealt with this, and I used the POM

machine to connect a live person/to do a campaign connected

live people to live people." No one took the stand from

ViSalus and said that to you under oath. There is no evidence.

There is also no evidence in the documents that this

live connect strategy was used to connect live people with live

people without any prerecorded voice, without first having to

listen to a recording and press 1.

In fact, Mr. Gidley, in his sworn statement that you

have, Exhibit 37, he says he went through the contact sheets.

He went through all the contact sheets -- contact lists -- and

identified the ones that were relevant to this case. If a

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contact sheet was used for this live agent strategy, Mr. Gidley

would have had no reason to include it as a spreadsheet that

was relevant to this case.

This case is about recorded calls. Mr. Gidley

submitted his declaration to help us identify the people who

got the calls at issue in this case; the people who meet the

class definition who got recorded messages.

If a contact list was found that was used to just do

a live agent strategy, it wouldn't have been included in

Mr. Gidley's list. Mr. Gidley looked at all these contact

sheets, and he never said in his declaration, "The following

contact lists, for those no recorded message could have played,

because it was used for a live connect only strategy."

Instead he went through all of them and said, "For

certain calls no recorded message could have played." What he

did is he identified the outcome codes for the calls where no

prerecorded message could have played; things like "call busy."

If the POM machine was intending to make a prerecorded message

call, but the line was busy, then the call didn't go through.

The recorded voice never began to play. Mr. Gidley identified

all of those. But he never said, "Hey, these contact lists,

some of these were used for the live connect/no prerecorded

voice strategy."

There is also a good reason why ViSalus was using

recorded messages and not live connect calls with just live

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Closing Argument

people/no recording. What I'm showing you on the screen is

Exhibit 31. It is called the POM campaign tracker. It is

mentioned in Mr. Gidley's declaration. What this is is a

listing of all the campaigns that ViSalus was running with the

POM machine. There are actually two, but this is one of the

two spreadsheets that identifies the calling campaigns that

ViSalus was running with the POM machine.

What it has, it identifies the name of the campaign,

the contact list used in the campaign, then the start date, and

the end date.

If you look at Exhibit 31, in April of 2015, when

Ms. Wakefield received a call from ViSalus, you'll find the

Jason O'Toole WinBack contact list. That is the contact

list -- that big book you had, Exhibit 38-115, that is the

contact list, the Jason O'Toole WinBack contact list. It has

over 60,000 names, which means if that campaign -- when that

contact list was called, over 60,000 people were called.

The POM campaign tracker shows that that campaign was

started on April 1st, 2015, and it ended nine days later, on

April 10th, 2015. ViSalus called those 60,000 people in just

nine days.

If you look at all -- that was just one. But there

are 406 of these contact lists. If you add them all up, and if

you divide it by the number of months that ViSalus was doing

this, 16 months from October of 2014 until the very beginning

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of January 2016, they made 8,591 calls every single day,

including Saturdays, Sundays, holidays, weekends. 8,591 calls

every single day.

Guess how many people were making all these calls,

who were responsible for handling all of these calls? We have

sworn testimony from Mr. Gidley about that. But you heard he

said he was asked:

"Who placed outgoing calls?

"ANSWER: That would be the outreach team -- the

outbound team. I believe it was called outreach support.

"How many individuals worked in outreach support in

spring of 2015?

"Less than ten."

These ten people could not make over 6,000 live

connect -- over 8,000 live connect calls every single day seven

days a week for 16 months. ViSalus needed the POM machine,

with recorded messages, to be able to call all the people it

wanted to call for its marketing campaigns. It would be

impossible for these people to do more -- to handle anything

close to 8,591 calls every single day.

Mr. Gidley explained this. You heard testimony from

him at trial. You heard him explain that it was much more

efficient to use the POM machine when he wanted to contact

people about something that -- when you wanted to deliver the

same message to lots of people.

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Closing Argument

Here is what he said:

"QUESTION: Okay. But I was looking more at the

reasoning there, which is that you would want to use POM when

you have a large number of people you wanted to contact, right?

"ANSWER: Because it's more efficient.

"QUESTION: Especially when you want to deliver the

same message to them, right?

"ANSWER: Correct."

If you want to contact 60,000 people in nine days,

and you want to tell them all, "Hey, there's 50 percent off

this new product," the same exact message, there is a good

reason to use the POM machine and recorded messages and not a

live-connect-only strategy with no recorded messages.

ViSalus's lawyer in opening statement told you

"WinBacks, they are not telemarketing calls," he said.

"WinBack is asking for promoters to come back. It is not a

sale of a product or good or investment. It is not what it is.

A WinBack is basically, 'Hey, we want to bring you back on the

team.' That is not telemarketing."

As jurors, it is your job to decide whether that is

true or not. I don't want to belabor the point, but I'm going

to play you one or two more messages to remind you of the kind

of messages that ViSalus was playing.

I am going to play Exhibit 43-34, Your Honor.

(Exhibit 43-34 was played in open court.)

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Closing Argument

The name of this file is "WinBack Voice Cast with

NEON." This is a recording used for a WinBack. ViSalus has to

take the position that this is not a telemarketing message

because it knows that it made millions of these calls with

these kinds of messages that are recorded.

There are a few I'm going to skip over.

I think I heard ViSalus's lawyer say that the POM

machine was designed to hang up on answering machines. The

evidence shows that that's not true. First of all, you heard

the recordings. I'm not going to play them again. Those

messages are designed to be left on answering machines. They

have call-back numbers. What they want people to do is get one

of those messages on their answering machine, and if they are

interested in calling back, call back.

It wouldn't make any sense -- you've got the POM

machine going. We have a stipulation that says, with the POM

machine, you can deliver these prerecorded messages. You get

to the answering machine. What you're trying to do is reach

60,000 people over the course of a few days with the same

message. It makes no sense to hang up when you get the

answering machine.

There is also evidence that people were called using

the POM machine and had messages left on the recording. They

had recordings left on their answering machines. You'll have

Exhibit 47. This is an email exchange from somebody who

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Closing Argument

received calls from ViSalus. She sent an email first to the

Better Business Bureau and then ViSalus about what happened to

her and ViSalus wrote -- there was internal ViSalus

communications about this message.

ViSalus didn't say, "Hey, what's going on? Somebody

is getting messages on their answering machine? Our system is

not set up that way." That's not what they said. Instead they

said -- they said, "We just confirmed that two messages were

left on her answering machine as part of a WinBack campaign."

Hang up if you have an answering machine. It doesn't make

sense for ViSalus. The messages themselves showed that's not

true, and there is evidence in the record that you have showing

that that's not true.

The evidence in this case shows that the first two

requirements are met. They were telemarketing messages, and

they used recorded voices.

The third thing we have to show is more likely true

than not true that the calls were made either to a class member

other than Ms. Wakefield's mobile or cellular telephone or that

they were made to the class member's residential telephone

line, residential landline.

I'm showing you an example of a ViSalus promoter

application. This is Plaintiff's Exhibit 8. This is what --

when ViSalus collected all of these numbers that it then called

using the POM machine, this is what people filled out. ViSalus

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Closing Argument

asked for a home phone number or a mobile phone number.

Exhibit 8 is just one example, but you will have all

of the promoter applications with you in the jury room if you

want to take a look at them. A couple of examples are

Exhibits 11, 19, 20, and 22. They all ask for the same thing:

Home/mobile. And ViSalus stipulated in the stipulations that

you have the promoter applications are identical, and the

process for enrollment has been the same since 2011. So every

single number ViSalus called was put in either a home or a

mobile number on an application.

There are also customers. I just want to close that

loop. You heard from Mr. Gidley. He testified that the

customer applications ask for the same exact thing.

He was asked:

"QUESTION: The information that the customer submits

would be the same; the same as for the promoters?

"ANSWER: Essentially. Well, we don't require their

Social Security number."

He was asked specifically:

"QUESTION: As it relates to providing a telephone

number, the language would be the same?

"ANSWER: Essentially, yes."

So promoters, customers, they all filled out the same

form asking for home or mobile numbers.

ViSalus lumped all -- once it checked these numbers,

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it didn't put them in separate databases. It put them all

together. So we can't count precisely how many of them are

mobile, how many of them were home, which place in the form

they were filled out. But you can use your common sense and

figure out that at least half of these telephone numbers are

mobile telephone numbers. We are talking about 2013, 2014,

2015. By then, most people are using their mobile number, not

their home number.

So we don't have a precise estimate, but you can use

your common sense and conclude is it more likely true than not

true that at least half of these numbers were mobile telephone

numbers? Based on the evidence, the promoter applications, and

your common sense, you can conclude more likely than not at

least half were mobile.

In addition to this -- so for mobile numbers, it

doesn't matter if they are business numbers or not. The TCPA

prohibits making these automatic -- these calls with recorded

voices to mobile numbers regardless of whether they are

business telephone numbers or not. For residential landlines,

it's only a violation of the TCPA if the landline is

residential as opposed to business.

So you heard from Mr. Davis. He went through and

identified all of the people who wrote in that they had a

business. At the top of the screen here, on Plaintiff's

Exhibit 8, you'll see that ViSalus specifically asked its

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customers, the people signing up, "Do you have a business?" If

so, then you are required to tell us a company name and attach

a company enrollment form. So ViSalus's data showed that

anybody who put a business name in, when they signed up.

So to make sure that we aren't counting any of the

businesses, Mr. Davis went through, and he pulled out all of

the phone numbers that were made to accounts that were

associated with a business.

For example, in the big book of 60,000 contacts, the

first one on the list was "90 equals zero, Inc.," we pulled

that one out. We pulled out things that were limited liability

companies, like Healthy Humans. He pulled out corporations.

Mr. Davis went through the list and pulled out 6,724 numbers

that were culled; that were associated in some way with a

business that may not have been residential.

What's left is mobile numbers and numbers --

residential numbers. You'll get the jury instructions, or you

have the jury instructions. The jury instructions tell you how

to figure out if a number is a residential number or a business

number. It says the fact that a landline telephone is used for

some business calls does not necessarily make it a business

telephone. The key point is that a residential landline

telephone is used primarily as a residential telephone.

So we pulled out all the businesses. Is it more

likely true than not true that a landline that is not

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Closing Argument

associated with a business, that's associated with an

individual's home, is used primarily as a residential line?

Your question, as the jury, is to decide is it more likely true

than not true that the numbers that are left after we pull out

business numbers are residential numbers?

So the evidence in this case for the class claim

shows that each of the things that we need to show are more

likely true than not true are in fact more likely true than not

true.

You'll see what's not on here is a requirement -- the

TCPA only applies -- let me take a step back. The TCPA doesn't

apply if somebody gives prior express written consent. Prior

express written consent is specifically consent to receive

calls using a recorded voice.

There is no -- in the jury instructions you won't see

a requirement for that, and the reason is that ViSalus agrees

that it didn't have prior express written consent to make any

of these calls. The jury instructions say, "Prior express

consent means a signed, written agreement that clearly

authorizes the caller to place telemarketing calls using an

artificial or prerecorded voice." Then it says, "ViSalus does

not contend that it had prior express written consent to call

Ms. Wakefield or any other phone number."

So in opening statement and also during

Ms. Wakefield's cross-examination, ViSalus suggested that it

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Closing Argument

was okay for them to call her and call the other class members,

because at some point in the past they had signed up to be

promoters. That is not true. ViSalus agrees that it did not

have consent to place these calls.

As the jury, you will be asked to determine how many

calls have we shown more likely true than not true ViSalus made

using artificial prerecorded telemarketing messages. Mr. Davis

provided testimony summarizing ViSalus's own documents.

What he did was he went through all of the outcomes,

all of the disposition codes that showed what happened to a

call. He subtracted all of the ones -- he went through that,

and he provided information on the completion codes, according

to ViSalus's own records associated with each of the calls.

He showed you that there was 4,123,856 call attempts.

Those are the rows in each one of those spreadsheets, like the

one you held that the POM machine tried to make a phone call

to.

There were 1,690,482 calls for which no outcome was

listed. ViSalus's documents don't tell us what happened to

those calls. Maybe it was answered. Maybe an answering

machine picked up. Maybe it was busy and no recorded message

could have played. We don't have the outcome codes for those.

Mr. Gidley also identified the outcome codes that

show that the call could not have possibly had a prerecorded

message. He said if it was busy, for example -- if the outcome

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code shows it was busy, the recorded message could not have

begun to play. In the jury instructions you'll see for it to

be a violation of the TCPA, the voice actually has to begin to

play. If the outcome says that the call was busy, the voice

couldn't play. But if the outcome says that a live person

picked up, if an answering machine picked up, then a recorded

message would have played.

You also heard Mr. Davis testify on cross-examination

that there were about 90,000 numbers in those contact lists

that were either to invalid numbers or Canadian numbers. Let's

take those out because those weren't -- we don't have -- the

call might not have gone through, or it might have gone through

to a Canadian number. So if we subtract 90,000, we get to the

number of calls that certainly used an artificial or

prerecorded voice.

Just to summarize Mr. Davis, he found all of the call

attempts, all of the rows in the spreadsheet that the POM

machine tried to call. We can pull out the ones for which no

outcome was listed, because we don't have an outcome telling us

definitely this one went to an answer machine; this one went to

a live person. We can subtract the ones -- that's 1,690,482.

We can subtract the calls for which, according to

Mr. Gidley's declaration, no recorded message could have

played. For example, if the number was busy, the voice didn't

start playing.

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Closing Argument

And we can also pull out the ones that were

associated with invalid or Canadian numbers.

If we subtract all that out, the number of calls that

we know certainly used an artificial or prerecorded voice is

1,927,928 calls.

In addition to that, for the ones for which no

outcome is listed, it is more likely true than not true that a

lot of those calls actually did go through and actually did

play a recorded message. We just don't have the outcome codes

for that because ViSalus didn't keep them in their data. That

was the class evidence.

You are also going to have to decide Ms. Wakefield's

individual claim as the class member. To prove Ms. Wakefield's

claim, we need to show that the same three things are more

likely than true than not true for Ms. Wakefield. First is

that ViSalus made one or more telemarketing calls to

Ms. Wakefield. We got her phone records from her phone

company, Molalla Communications. They show five phone calls

from ViSalus numbers. ViSalus stipulated that the point of

those calls, the purpose of those calls, was to sell ViSalus

products. In stipulation 22, ViSalus agreed that Ms. Wakefield

received calls from ViSalus in April of 2015, but the exact

numbers of calls received is in dispute. ViSalus also agreed

that, however many calls there were, each call was directed to

a landline telephone and each call was intended to sell ViSalus

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Closing Argument

products.

The next thing we have to show is that it is more

likely true than not true is that the call or calls used an

artificial or prerecorded voice. We can show with ViSalus's

own records that each one of these calls was a POM machine

call, a call that was done by the POM machine using a recorded

voice.

Let me walk through that evidence quickly. The first

two calls she received were on April 2nd, 2015. As I mentioned

before, we have these two documents that show the calls that

ViSalus was using the POM machine to make. They are

Exhibits 31 and 32. They are both called campaign trackers.

One is called a POM campaign tracker. The other one is called

the ASR campaign tracker.

The ASR campaign tracker shows that right when

Ms. Wakefield received those calls on April 2nd, 2015, a

campaign was running called the Promo Announce 2 campaign.

I'll just point out here, Ms. Wakefield's records -- you heard

Ms. Eves testify -- are on Pacific Time. ViSalus is in

Michigan, and so they are on Eastern Time.

What it shows on that date is that there was a

contact list, the Patty WinBack Blast. That contact list, you

have. It is Exhibit 40. That contact list has Ms. Wakefield's

number in it twice; once for herself and once for her husband,

Byron. What that shows is that when Ms. Wakefield received the

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Closing Argument

first two phone calls, there was a POM machine campaign running

that had her number in it twice.

The second two calls she received on April 2nd and

April 8th. Those were from the same number. If you look at

the POM campaign tracker, Exhibit 31, you'll see that there is

a WinBack initial campaign running. That campaign used the

Jason O'Toole WinBack contact list. That was that big one you

had. That's Exhibit 38-115. That campaign was running over

the course of nine days, from April 1st until April 10th, the

period of time during which Ms. Wakefield got those two calls.

Sure enough, Ms. Wakefield's number is in that contact list

twice; once for herself and once for her husband.

The last call that Ms. Wakefield received was on

April 28th. In the ASR campaign tracker there is another

campaign. It's called Promo Announce 2. The contact list for

that one is red/inactive April of 2015. Again, that campaign,

according to ViSalus's own documents, was running with the POM

machine between April 27th and April 28th. Once again,

Ms. Wakefield's number is on that contact list. What that

shows is that each one of these calls Ms. Wakefield got were

made using the POM machine. And as we saw, the POM machine

used two campaign strategies, Press 1 and Voice Casting, and

they both used recorded messages.

The last thing we have to show is that the calls

were -- to Ms. Wakefield were to her residential telephone

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Closing Argument

line. You will be given jury instructions that will --

THE COURT: They already have them.

MR. FRANZINI: Sorry. You already have the jury

instructions that will tell you how to decide this issue.

There are three things that I want to go over with you. The

first is you may consider whether Ms. Wakefield's telephone

number was registered as a residential number or a business

number. You heard from Mr. Eves that Ms. Wakefield's number

was registered as a residential number.

The second thing you should consider is whether that

number was publicized or held out to the general public as a

general business telephone number, even if it was registered as

a residential landline. The key here is, is she holding it out

to the public? Is she telling people, "This is the number of

my business"?

Ms. Wakefield was asked questions about this. She

was asked, "Did you ever advertise your home number as a

daycare number?

"ANSWER: No.

"Did you ever put it on flyers?

"ANSWER: No.

"Did you put it on business cards for your daycare? 

"No.

"Did you put up a sign in front of your yard with a

phone number that said 'Lori's Daycare' with a phone number?

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Closing Argument

"No.

"Did you advertise that number as your daycare number

in any way?

"ANSWER: No."

ViSalus had a chance to cross-examine Ms. Wakefield.

They didn't bring this issue up at all. The reason is there is

no evidence at all that Ms. Wakefield publicized or held out

her number as a business number.

She was asked a question:

"QUESTION: Did you ever at any point hold out your

home number to the general public as a daycare number in any

way?

"ANSWER: No."

The third thing that you can consider is this: It is

the fact that a landline telephone is used for some business

calls does not necessarily make it a business telephone. The

key point is that a residential landline telephone is used

primarily as a residential telephone.

So even if she used her home number once in a while

for her daycare, that doesn't turn the number into a business

number. The key is whether it is used primarily as a

residential telephone. You have her call records from the

three months around the time she got the calls from ViSalus.

There was 301 calls, and there were only two that were in any

way associated with her daycare. Only two calls were from

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Closing Argument

parents associated with her daycare. So her number was used

primarily as a residential telephone.

For all those reasons, the evidence shows more likely

than not each one of the three things we need to show are true.

Ms. Wakefield received five calls from ViSalus. They were all

telemarketing calls. They all used recorded voices, and they

all were made to a residential landline.

You are going to have a chance to hear from the

defendant's lawyer and also from us again, but you won't be

hearing from me anymore. So I will conclude there. I want to

say thank you very much for your time and attention. I

appreciate it, my client appreciates it, and this process

couldn't work without you.

Thank you.

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

At this time I will invite an attorney for the

defendant to deliver defendant's closing argument.

MR. O'NEAL: Thank you, Judge.

THE COURT: Mr. Foster -- sorry. Mr. O'Neal.

MR. FOSTER: I'm running technical support,

Your Honor.

THE COURT: Got it.

MR. O'NEAL: Good morning, everyone. Thank you for

the time you've spent with us.

I'm going to ask a question and make a point. If at

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Closing Argument

the end of the presentation of evidence you were wondering how

all of the evidence connected up with the class and what did it

mean and how did it all fit together, that's because plaintiff

didn't prove the case on the class.

You remember at the beginning of my opening statement

I said that you were going to get a lot of spreadsheets; that

you were going to get a lot of documents; that you were going

to get a lot of deposition clips. But what was going to be

missing from the plaintiff's presentation on the class claim

was that connective tissue, that evidence that would be able to

say from this point with the line to the line to this point to

the line to this point to the line, and that is those elements

for all of the class members, for something like

1-something-million calls, and the plaintiff didn't do that.

What the plaintiff did was take evidence and make

unreasonable, far assumptions rather than actually proving up

point A to B to C to D. That is why they didn't meet their

burden of proof. They didn't meet their burden of proof

because my client didn't do it. My client didn't do it, and

that's the reason they couldn't prove it. And that's the

reason why they did the method that they did rather than to get

down into the details.

So let's look at the class claim first. Remember,

first, if you look, Ms. Wakefield's evidence is not part of

what they're using or should use to prove. They've got to

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Closing Argument

prove up the class based on the other evidence, and they have

to prove some basic things. They have to show that a call was

made. They have to show that it was a telemarketing call; that

is, a call designed to sell products or services. They have to

show on that same call that a prerecorded message was played or

that an artificial voice was used. And they have to show that

the line on which the call was received was mobile or

residential and not business.

If they don't prove one of those elements, then a

call doesn't violate the TCPA. It doesn't count if you got

two, and you have four, and you missed three. That's not

enough. They have got to prove it all. And if you look at the

verdict form, what you have to do is you have to tabulate up

using that same model, all of those same elements, finding that

each and every call that you put into the column of how many

calls, that each of those calls met all of those elements. If

it doesn't meet one of those elements, you can't put it in the

total. You can't put it down here, because they haven't proven

that call goes to that total.

So let's use a real example. We saw this tome that

the plaintiffs brought. This was the Jason O'Toole WinBack

Excel spreadsheet that the plaintiff marked and handed out.

You will find it in the jury room. It is Exhibit 38-115.

So you open it up, and there are a bunch of names and

there are some numbers there -- no disposition codes, mind you,

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Closing Argument

there, but we will just put that to the side for a moment.

These are the spreadsheets or an example of spreadsheets that

the plaintiffs have tabulated up and that Mr. Davis manipulated

in order to get the total numbers that you find in the summary.

But real life. First name off, Amy Carr, and then

there is a number right there. (805)443-2695. If the

plaintiff wants to put a call to Amy Carr at that number in

that total, they've got to prove that Amy got a call. They

have got to prove that it was a telemarketing call. They've

got to prove that a prerecorded message was played to Amy. And

then they've got to prove that the number that's assigned to

Amy that they are contending that was called was either a

mobile or residential number. And if they don't do that for

each and every call that they want to put in the total, it

doesn't go in. It can't go in.

So that's burden on what they have got to do. If you

look at 38-115 -- and this wasn't random. If you remember,

they picked it. That's one of the major problems. Right off

top, the very first one they used here, it is an

"incorporated." It is not a person. It could not violate the

TCPA.

So plaintiffs said 1.9-something million calls. In

order to write that number down, they had to give you that type

of detailed evidence; that each 1.9 million call violated and

met those five elements. And they didn't do it. They didn't

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Closing Argument

do it.

So if they had that kind of evidence, they could have

brought an expert in to testify that all of the numbers were

mobile or that the numbers were residential numbers or that

they did some examination and tried to determine, "Hey, this

many is residential; this many is mobile." They didn't do that

Mr. Franzini just asked you to speculate. He asked

you to flip a coin and say, "Well, I can't really tell you

what's mobile and what's residential, so why don't you just

divide it down the middle." That's not evidence; that's just

pure guesswork is what that is.

If the plaintiff could show that my client left the

messages to the degree that they're talking about, they could

have brought in deposition testimony of sample class members

saying, "Yes, I too got a prerecorded message that played. I

too got a call from ViSalus on this particular date and time."

They didn't do that.

Heck, if you believe Mr. Davis, probably the primary

candidate that they could have done was whoever that individual

was that allegedly got 30,000-something-plus calls. It would

have been so easy to go get that person, but they didn't

because the evidence doesn't exist. It is not out there.

So what else could they have done? Maybe they could

have called one or two class members to come and testify for

you. They don't have to bring in hundreds and hundreds of

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Closing Argument

them, but at least they could have brought in some

corroborating evidence -- some corroborating evidence which

connects it and says, "Yes, this is in fact what happened."

Plaintiff's didn't do it, because they can't. The evidence

doesn't exist.

So what did they employ as their tactic? Well, they

grabbed some documents, and they've made some sweeping

assertions about what those documents mean. And if you look at

them closely, they don't provide the connective tissue for all

of the 1.9 million calls that are at issue in this case.

So the audio clips. That's Exhibit -- the list of

them is Exhibit 58, which I believe you have. The audio clips

themselves are actually 43, and there are various subparts.

First of all, there was no evidence put in front of you that

those messages were actually played to any class member. There

just wasn't. What they did is they hit and played and said,

"There it is," and then ask you to assume they were played to a

class member. They could have brought in a couple of people,

saying, "Hey, I got it. Yes, I received it. That voice mail

sounds fine." They didn't even get past the gate there.

But what they did try to do is say, well, all right.

So we played a couple of clips using Jeremy. I think it was,

"Hey, this is Jeremy; Body by Vi," and there is another one,

Sherry. They would say that what you should do is you should

assume that that clip or those two clips were played for all of

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Closing Argument

the people in the class, 1.9 million times, over the course of

a year plus a couple of months.

That can't be true. Listen to the clips. The clips

themselves say, "While we are going into spring." They can't

be used for an entire period. They can't be used to apply it

across the class. The clips aren't what the plaintiff says

they are.

Next, clips. Listen to Rachel. That's the Rachel

WinBack. At the beginning in the opening statement I told you

that promoters, high-level promoters, ambassadors --

THE COURT: One moment. If you want to stand and say

"Objection," you may say "Objection." Do you have an

objection?

MR. FRANZINI: Yes, Your Honor.

THE COURT: Then say "Objection." What's your

objection?

MR. FRANZINI: There's no evidence of this.

THE COURT: You're saying that you object because

there's no evidence what counsel is arguing?

MR. FRANZINI: That's right, Your Honor.

THE COURT: I'll just remind the jury that what both

sides say is not evidence. If they say something was presented

to you in trial that is different from the way you remember it,

your recollection controls. I'm not going to weigh in on that

debate other than to say that I'm going to overrule the

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objection, and you may respond in rebuttal.

You may continue, Mr. O'Neal.

MR. O'NEAL: Thank you.

So if you listen to the content of that message.

Please play it. You are going to have all of these audio clips

back with you in the jury room. Rachel is saying, "Hey, me and

my husband are doing great." Then they say, "Call me at my own

phone number." They list 480. You didn't see any evidence put

into the record from the plaintiff that that was a ViSalus

number, because it's not. Those are the individual numbers of

those particular ambassadors or promoters. What they are

doing, they are going out and talking to their salespeople,

their sales team, saying, "Hey, let's juice it up." That's not

ViSalus.

Next, they cherrypicked audio clips. Listen to one

of them that is from Kyle Pacetti. It is kind of fun to listen

to. But what Kyle Pacetti says is, "Hey, it has been a while,

but I would like to invite you to come to a meeting that is

being held out on the West Coast." That's not a sale of

products or services. That's inviting them to come to a

meeting. 

And that's the same for another one that you heard,

Mr. Nick Sarnicola. He was giving away free tickets to

Vitality, which is an event. That doesn't qualify as

telemarketing. But again, what the plaintiff wants you to do

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is just look over those facts, gloss, and say, "Ah-ha. There,

it is. Therefore, because there is one message, we can spread

it across one-and-one-half years, and we can apply it to

1.9 million calls." That's not evidence to prove a class

claim. That's guesswork and that's assumptions. That's not

evidence.

So they assumed also that Press 1 went to the

stipulation, and they say, "There it says Press 1. Press 1 was

used throughout the campaign. You heard Ms. Wakefield testify

that she thought that she got something, which sounded like a

Press 1." Then they say, "Look at the stipulation. It is

there." 

Well, go to the POM campaign tracker. That's a

document that has been put in evidence. It is Exhibit 31.

Okay. What you will find is, of all of the campaigns that the

plaintiff seems to be talking about that they say messages were

played, everything else, there isn't one campaign using Press 1

in its name until August 2015, which is the date that I told

you folks where it was going to start. That's only in the very

limited time period at the end of what plaintiff claims is the

relevant period. And if you look, it's "Press 1 contact

declines." That's because it is talking about a declined

credit card. That's what I told you in my opening statement.

That's the reason why that's there. So you won't find Press 1

for any of the campaigns prior to there, and the Press 1 here

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is talking about credit card declines.

All right. So you've got a script, which was

referred to by Mr. Franzini in his closing statement. I

believe that script, if I'm not mistaken, is Exhibit 44. Look

at the date. January 2016. The testimony came in that the

outbound team was dissolved by then. That's why they didn't

present to you any evidence that anybody actually used this

script. If they could, they would have, but they didn't. And

that's another piece of the connective tissue that is missing

from the plaintiff's class claim.

They want you to think that just because there is a

script, "Ah-ha, you must have been used for a period of time of

1.9 million calls throughout the entire year." That can't be

the case. Again, they didn't meet their burden of proof. They

didn't show you that this document was actually used.

Voice Casting. When they started this case, what

they said was that there was Voice Casting. Therefore, that

must mean that Voice Casting was the only thing that was used

as far as a campaign that ViSalus put together. Well, you

heard evidence that wasn't the case. There were all kinds of

campaigns. There was WinBack campaigns. There was the BOGO

campaigns. There was credit card. There was let's come back

and go to a meeting. It wasn't limited to Voice Casting.

And as I said at the beginning, no evidence was put

in that Voice Casting means anything other than what Mr. Call's

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deposition testimony, which is attached to the stipulation as

Exhibit B, which you will have. It is a document that was

handed out. What does it mean? To get a little bit closer on

that, if you read the stipulation, it says they used Voice

Casting and Press 1. It doesn't say that's the only thing that

ViSalus did, but that they used Voice Casting, and then they

say, "Look at or see Mr. Call's deposition testimony." That

deposition testimony defines Voice Casting as using messages

for credit card declines. It doesn't say anything else beyond

that.

The Gidley declaration, and you saw some of the

testimony today that came in on that. Mr. Gidley said

something like this, "I know for certain that messages could

not be used on calls that had this disposition code." He did

not say, "Therefore, messages must have been used on every

other call." That's not there, and that's not a fair

assumption. What he said was, "I cannot say one way or the

other as to whether messages were or weren't used. All I can

tell you is that, on those, the answer is they weren't." 

To try to suggest that the defendant can or you

should construe it otherwise -- the plaintiff, I mean -- is not

fair, because that's not what the document says. And the

plaintiff didn't prove it otherwise. There wasn't any

testimony from Mr. Gidley in his deposition that it was or that

that declaration meant what plaintiff now construes. They

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Closing Argument

didn't present that to you.

All right. Jason O'Toole. That comes back to this

one. That was an example that Mr. Franzini used. Not a single

disposition code for this entire set. You heard Mr. Davis say,

without a disposition code, you can't say one way or the other

whether or not some, none, or all of these calls were made.

You can't do it. Again, no evidence.

What could the plaintiff have done? I don't know.

Pick 10 or 12. If you want to prove it, do a sample, do a

survey, do something. They didn't do it, because they couldn't

do it. The evidence isn't there. They couldn't bring together

the connective tissue, because it's not there.

So what about the summary? That's Exhibit 36 and

36A. That's the document that the plaintiff wants you to make

the total tabulation from on that verdict sheet and write in

numbers. That's the evidence, not that they showed Amy, Bob,

and the rest of them had calls that meet all five. They

basically want you to jump to the summary and go to what

Mr. Davis did.

Mr. Davis' analysis was riddled with errors. He

included well in excess of 30,000 people with Canadian numbers,

which he concedes they shouldn't have been. He had random

numbers, which included toll-free numbers, which he conceded

can either be mobile or residential numbers and weren't

supposed to be there.

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Closing Argument

He admitted that when he ran the totals, there were

fake numbers in there. And he actually said to you, when

confronted by colleague, Mr. Foster, that his work showed in

excess of 30,000 calls to one number, and that one number was

assigned to different people, his answer wasn't, "Well, I can

see maybe that's an issue. I get it. Maybe I should adjust."

His answer was, "No, that just means that one person received

30,000 calls." That's just not believable.

Now, something was suggested by counsel, ViSalus

didn't say, and they didn't bring you this evidence, and they

didn't show you what the alternate was. If his isn't good

enough, then what's the response? I would like to use an

analogy. If you go to a restaurant, and you order a sandwich,

and you take a bite into the sandwich, and it's rotten. It's

just rotten right there. It doesn't taste good. Something is

wrong with it. The rest of it looks okay, but clearly once I

took a bite, and I got into it, this is bad. You don't eat

around the edges and say, "Gee, I am going to take the good

parts and leave the rotten piece." You send it back. And

that's what you should do with Mr. Davis and the summaries they

have. They are not reliable, and you should send them back.

They are not trustworthy. They don't show, because it was

riddled with errors.

All right. Codes. There was a lot of testimony, and

there is a lot of evidence about the disposition codes. Take a

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look at the Avaya manual. I will say that it's a formidable

document. It is about this big. I would suggest to you that

if the system was not as I described it in the opening

statement, highly customizable; very, very complex software;

can be done in a number of ways in order to meet ViSalus's goal

to connect a live person to a live person; that all it was

designed to do was to leave messages, maybe the manual ought to

be that thick. But that's not the case. Clearly it can be

used in the way that we described it.

But disposition codes. The key about disposition

codes, they're called completion codes. If you want to look at

it, it is Chapter 12. Flip through; you'll find it. But in

there, there are tables which identify what the disposition

codes are and what they're named. You will find that these

names actually line up to the columns that the plaintiffs used

and put into the summary that Mr. Davis prepared.

Look at them all. Please review them. What you will

find is not a single one of them says anything like "message

left" or "prerecorded message played" or anything along the

lines of what they said. Certainly during the presentation of

the evidence, the plaintiff didn't say, "Look, there it is.

Answering machine disposition code, as shown on summary 36. Go

back to the Avaya manual. Here it is. That clearly means

that's the case. That's the reason why we know that that had

to have included a telemarketing message that was played."

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They didn't do it, because they can't do it. They can't do it.

All right. Now, I also heard a suggestion that there

was a WinBack campaign that left messages. Well, the only

thing that they have on that -- again, they didn't bring you in

a person or a witness to testify about it. What they pulled

was a couple-page email exchange of a Better Business Bureau

letter. I can't remember the exhibit right now, and I

apologize, but it is going to be in the stuff you receive.

The Avaya system, again, is a complex system, and the

manual provides the explanation of why that may have been the

case. Let's go to the page. This is from the manual. I

believe it is Chapter 7, if I'm not mistaken. Chapter 7.

Zac, could you scroll down to the bottom so these

good folks can see the page number.

So that's what is at the bottom, if you want to track

it. It is 34-48. Let's move it back to the top.

"For agent-based campaign, if you want CCA to detect

answer machine and stop those calls from getting patched with

live agent, ensure you disable the compliance timers."

All right. So what does that mean? No. 1, it's

consistent with what I told you about what ViSalus's strategy

was. The manual doesn't say, "Hey, if it detects an answering

machine, do something so a prerecorded message can be left."

What it says is that if CCA detects an answering machine, and

you want to patch it to live agent, good. There is

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person-to-person contact. But what you have is you have to

ensure that you disable the compliance timers. So what

happened? What's the explanation for the one? Somebody just

forgot to disable the compliance targets. That's all that

occurred.

If it was, as the plaintiff suggests, that there was

a massive campaign to play, you would have seen more evidence.

You would have seen repeated letters. You would have seen

witnesses coming in and testifying one after the other, saying,

"Hey, I got prerecorded messages left on my answering machine,"

and they fit into the class -- somewhere -- out of the

1.9-something million calls, surely the plaintiffs could have

drug up something; something to show that. The best that they

could up with is one letter from a lady that was complaining in

2015. That's it. This is just as an equally plausible

explanation as what they say. That's not proof. That's where

they didn't get over more probable than not.

There was a suggestion that no evidence was put in

that live connect was the strategy. I don't think that's

right. My recollection is that the deposition testimony that

was read, particularly from Mr. Gidley, perhaps it was

Mr. Call, where they said, "No, the idea was that we were

always going to try to connect people when they answered the

phone on a live connect." That's the evidence of that.

Hopefully, you will recall it and took a note, because I

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believe it is there.

WinBack. There is a little layer to this. What the

evidence was was entirely consistent as how I described it when

I gave the opening statement. If you listen to the WinBacks,

they are all by promoters or ambassadors saying, "Hey, come

back." That's what they're doing. So you will hear them from

Rachel. You will hear them from the other folks. What they

are saying is, "We would like you, who used to be a former

promoter, come back on my team." That's not telemarketing by

ViSalus. That is somebody different asking somebody else to

get back and do a job, get back on the team, be another

independent contractor, and be a person who goes out and sells.

That's not telemarketing by ViSalus. You didn't hear

anybody come in and testify -- again, there is no witnesses, no

surveys, no depositions, no evidence to back it up that there

is any different explanation than that. Again, the resources

that were available to this plaintiff, and they couldn't do

it -- no depositions, no corroborating evidence, no additional

witnesses to come in and say -- why? Because it is not there.

It is not there. It is because what I'm telling you about is

the more accurate version.

All right. Because they can't show that ViSalus did

all of this stuff, and they can't show it on a scale that they

now claim, apparently to the tune of 1.9 million, that's the

reason why they can't prove their case, at least when it comes

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to the class.

When you look back at the form, the verdict form,

you'll see that what you're supposed to do is you have to go in

and tabulate the number of calls they violated, and they didn't

make it. The number that should be put in there is zero. You

should say they didn't meet the burden on the class claim, and

they didn't prove the number of calls. They didn't give you

the evidence to do it. And why? Because my client didn't do

it.

Ms. Wakefield. Very nice lady. And the evidence

absolutely is that my client called her. You saw the phone

records. They were -- but that doesn't make the calls

violative. I think it is fair to say that Ms. Wakefield's

memory was not that good. I think it is fair to say that her

testimony -- that while she believed the facts showed that it

wasn't credible -- that the real events didn't unfold in the

manner that she thought that they did when she was testifying.

And you heard her say that when she was in her

deposition and asked those questions, her answers were that the

first two calls were from live people, and she changed it when

she got in here. That's like a year and something later. The

deposition testimony and what she said before, that was a lot

closer than the events. That's the better evidence. That's

the better evidence of what happened on those calls.

Now, she also said, "Well, I remember somebody saying

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get 50 percent, and then they were going to Press 1." Well,

again, the evidence shows, and you can look at the POM campaign

tracker, ViSalus didn't use Press 1 campaigns back in April of

2015. The first one that came about was in August of 2016.

Next, when asked about the messages that were

played -- that's the reason why I did the timer -- the messages

don't go on for as long as the calls lasted. They are shorter.

They are somewhere between 16 to 19 seconds.

There was some assertion, well, maybe there is a long

hiss at the end, or maybe an answering machine picked up, and

that's why it went longer. Well, if that was the case, we

would hear the answering machine. Out of five of them, we

should be able to hear, but they weren't.

And I'll also tell you that Ms. Wakefield's story on

how she was reacting to these supposed recorded messages,

again, she may believe it, but it is not credible. When you

get a telephone call from an entity that you say that you don't

want to talk to, that you broke relationship with nearly two

years before, and that somehow you can't think or can't figure

out that it is a voice, that doesn't make any sense. You

wouldn't sit on the phone for 35 seconds waiting for a

19-second message to finish before you would say, "Hey, wait a

minute. Thank you. I really don't want to talk to you." That

just doesn't line up.

And you want to look at how long those particular

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calls lasted. Go to Exhibit 2. Those are the Molalla phone

records. You will find the first three calls were on

April 2nd, the fourth call was on April 8th, and the fifth call

was on the 28th. All of that timing, they just don't line up.

The messages are too short, and the length of the calls are too

long.

Also, if there was a message left on the answering

machine, as Ms. Wakefield claimed happened on the 28th, we

would have it. By that time, as she said, she had already been

talking to her lawyer. She had already received four previous

calls from my client, which means that she was irritated, and

she knew she might be bringing a case. It doesn't make sense

that someone in that situation would accidentally delete

something on an answering machine, which we can assume had been

in her house, and she was quite familiar how to use it. That,

again, isn't a credible story.

Another reason why, again, I don't think

Ms. Wakefield's claim about the message from Rachel Jackson --

that's the one that has been played I don't know how many

times -- do a timer. That message goes on for one-minute-plus.

If that was the case, if that was the message that she was

listening to, that she couldn't recognize whether or not it was

a live voice and waited for it or a recording and waited for it

to finish and then spoke, you would have found a call from

ViSalus that lasted approximately a minute or more. But that's

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Closing Argument

not there either, and so that's not credible.

What likely happened, and you can look at the phone

records, and you can make this determination, is that she got

calls and her husband got calls, because, remember, both of

them are listed on ViSalus's list as former promoters asking

them to come back as part of a WinBack. One call was

originally intended for Lori; one was probably intended for

Byron, and so on and so forth. Then she was connected to live

people, okay.

Then she said, "Hey, listen. Leave me alone. I

don't want to talk anymore." It could have been just as likely

as somebody calling back and saying, "I just wanted to confirm

that you and your husband don't want to be called," or vice

versa. We won't know, because, again, the plaintiff didn't

produce any evidence.

What we do know is that Ms. Wakefield's recollection

of events, as she testified here, is inconsistent with what she

said before and the facts, and that's the reason why her

events, as described, don't get her across the goal line for

her claims.

I would also like to add one other thing, because

Mr. Franzini talked about this, which is the business line. It

can't be legitimately disputed that Ms. Wakefield signed up to

be a promoter, as did her husband. It isn't disputed that

promoters are ViSalus's sales force -- that's in the

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Closing Argument

stipulation -- and that ViSalus records showed that that was

what she was; that it was a business relationship between the

two. So did she hold herself out to ViSalus -- hold the number

out as a business? The answer is yes.

Also, look at the text exchanges between her and

ViSalus. If you look at them closely, you'll see that she

doesn't say, "Don't call me. Take me off your list. I'm done.

I'm out." None of that is there. What she does say is, "I

want a refund of like 30 bucks. I would like to return my

product to you." But there isn't that extra step to say, "I

have no interest in being a promoter anymore. I know I gave

you my number. I don't want you to call me anymore." It is

not there.

So where are we? For the class claim, plaintiff just

simply didn't meet the burden -- just didn't. The reason why

they didn't meet the burden is because what they say my client

did, it didn't do it. It didn't do it in the way that the

plaintiff asserts. They focused on live connect and personal

relationships with their sales team as promoters, and that's

the reason why you don't have any corroborating evidence that

actually demonstrates, when you get down into the granular

details, that plaintiff's class claim has support and can be

sustained.

Now, one of the plaintiff's team is going to get up

and talk to you. I don't get a chance to speak after they do

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Closing Argument

that. And he is going to say some stuff, probably in reaction

to what I've said. But just because I don't come up and say

something after, that doesn't mean that I don't have a response

or that I don't have something to say about it. It just means

the rules say I can't talk. So don't take his comments as part

of the rebuttal that somehow my failure to respond to them

means a concession, because it doesn't.

One thing you may hear is, well, you know, ViSalus

didn't put on a witness. They didn't call any evidence. Well,

Mr. Berger, who is counsel for ViSalus, in-house, he has been

here through the entire time. So ViSalus is here. The reason

why the defendant rested is because plaintiff didn't meet the

burden, and that's the reason why no witnesses were called,

because the evidence that was presented to you isn't enough.

So I'm going to conclude by saying this: One, I bet

you are all tired and ready to be done. But No. 2, when you go

back and look at the verdict form, and you're trying to make

determinations, go to the evidence and ask yourself: Did the

plaintiff meet the burden? I think you are going to find that

the answer is no. The answer is no. What they've done is

they've tried to extrapolate, guess, and speculate, but they

didn't give you enough information to say, "Here it is --

verdict -- and number of calls."

Ladies and gentlemen, thank you very much for your

time, and that's all I have.

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Rebuttal Argument 

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

At this time I will invite an attorney for plaintiff

to deliver rebuttal closing arguments.

MR. DOVEL: Thank you, Your Honor.

May I have a moment to set up?

THE COURT: Of course.

MR. DOVEL: All right, Your Honor. I'm ready to

begin.

ViSalus started their closing argument with, "My

client didn't do it. My client didn't do it." Said it twice.

I'm going to show you a single piece of evidence that's

undisputed that shows that they did do it.

Scott Gidley, who was their designated representative

to talk about the POM machine and how they used it and all of

their campaigns that used prerecorded messages, gave testimony.

One of the pieces of testimony that he talked about was this

Rachel Jackson WinBack campaign. You have heard it played five

or six times by now.

So let's see if we can tie A to B to C with this

piece of evidence. You heard it multiple times. There is no

question it's telemarketing. Part of the message is, "Right

now you can actually get one of our kits half price if you come

back right now, or if you want to upgrade and become a

promoter, you get $100 off your promoter kit."

Now, they say, "This is Rachel Jackson's voice, so

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this is not ViSalus," because she is a promoter. She is not

ViSalus. The issue is who sent out this message? ViSalus had

Rachel Jackson record it, and ViSalus sent it out. Why? To

sell products.

In fact, they are doing it because they want to sell

ViSalus products. But it doesn't matter if they just wanted to

sell somebody else's products. If ViSalus is sending out

telemarketing prerecorded messages to sell products, that's a

violation. There is no question that this is a telemarketing

message. You heard it too many times for me to play it again.

It is trying to sell products.

Now, Mr. Gidley was then asked about who was that

message sent to. He said that it would have been sent to

people on a call list that was created. Now, we know, and the

evidence is undisputed, ViSalus created those call lists. They

had collections of phone numbers for customers and promoters.

ViSalus created those call lists.

Then this is the key part: How would that message

have been sent out? Did Mr. Gidley say, "Oh, I have no idea.

It was Rachel was doing it. Maybe she sent it out." No. He

testified, "It would have been uploaded into Progressive

Outreach Manager and then sent via telephone." The Progressive

Outreach Manager -- POM -- that's ViSalus's POM machine.

This piece of evidence right here shows that there

was at least one prerecorded message -- telemarketing message

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that was sent out by ViSalus -- ViSalus's machine -- sent via

telephone. No question it was marketing; sent via telephone.

That's telemarketing.

Now, who was it sent to? People on a call list.

Mr. Gidley also testified, "Anyone that was on that

list would have received that voice mail?

"ANSWER: That's a fair assumption." 

That's how it worked. You got this list. It is

automated. It is undisputed. You feed it into the POM

machine. You press "start," and every number gets called.

That message would have been delivered to everybody on that

list, and that list is in evidence. Every one of those people

is a member of the class. This piece of evidence proves they

did it. So when he stands up and says, "My client didn't do

it," where is the proof?

The proof is they definitely did it. Their own

person, Scott Gidley, who was tasked with testifying on their

behalf about this, admitted it. It is undisputed. In

addition, Mr. Gidley also admitted that that message was

delivered to Ms. Wakefield. 

"Is this a message that was sent to plaintiff?

"I believe it would have been."

Why? Because she was on that list during the

relevant time period, and her phone records show indeed she did

get it.

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Now, ViSalus doesn't contend it had consent to

deliver that to anyone. That means that act right there

demonstrates that they violated the TCPA. They don't have

anyone to come in and say, "Mr. Gidley was wrong. That message

wasn't played. It wasn't fed through POM." Here is some

evidence showing that in fact it was done some other way. It

was a message fed through POM to a contact list delivered to

everyone on that list, including Ms. Wakefield. His client did

it.

Now, you are going to get a special verdict form, and

I'm going to walk through each piece of it with you. The first

question is did we prove that ViSalus made or initiated at

least one telemarketing call using an artificial or prerecorded

voice to a residential telephone line registered to

Ms. Wakefield? 

The evidence I just showed you means yes. It is more

likely true than not true. In fact, this isn't something where

you could -- well, there is some ambiguous evidence. A couple

of witnesses testified differently. No. It is perfectly

consistent. It is not slightly more true. It is like this.

This is overwhelming proof. They did it. So you should check

"yes" for Question 1.

Question 3 asks a similar question about the class.

Did we prove by a preponderance -- that is, more likely true

than not true -- that at least one telemarketing call using an

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Rebuttal Argument 

artificial or prerecorded voice to either a mobile or

residential line belonging to members of the class?

Again, there were 50,000 people on that list. There

is at least one that got it. In fact, the disposition codes

showed that most of them did. So the answer to that question

is yes.

But it doesn't stop there. We presented evidence

that connected the dots -- A to B to C -- for in excess of

2 million calls. A to B to C. What is A, B, and C?

Prerecorded message, telemarketing, residential, or mobile. We

connected those dots for more than 2 million calls.

Let me show you some of that evidence. First, we

pointed to the declaration of Scott Gidley. He identified

campaigns that explicitly were marketing campaigns. He set

aside anything that involved a credit card decline campaign,

anything that would involve, oh, just trying to invite someone

to a meeting. Those were set aside. He just included

marketing campaigns.

It is undisputed that each of the campaigns on his

Exhibit A, the approximately 400 that we counted up, were

marketing campaigns. And they were all done over the

telephone. That means it makes them telemarketing. They were

designed to sell or promote the sale of ViSalus products, every

one of those.

For that 400, is it more likely true than not true

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Rebuttal Argument 

that they were marketing campaigns? Yeah. Their own witness

says so under oath. Did they present any evidence that any

those 400 hundred was not a marketing campaign? If there was a

single one of those that was not a marketing campaign, there

would have been a ViSalus witness right up here saying, "No,

no, no. This wasn't a marketing campaign. This was about

credit card declines." Did you see a single ViSalus witness,

either through deposition or live, say that any of these was

not? Is it more likely true than not true? In fact, the only

evidence that you have is that these were marketing campaigns.

It is certainly more likely true than not true that they were.

Now, prerecorded messages. All of these were run.

These weren't ones that were set aside and not run. Mr. Gidley

identified only the ones that were run to U.S. residents using

POM -- using POM. We know that if they were run using POM, one

of two things happened, right? If they were run using POM, one

of two things happened, because there were two campaign

strategies. With POM, ViSalus used two campaign strategies.

It's an admitted a fact; one that you must accept.

If you are back in the jury room and somebody says,

"Well, maybe POM was used for something else," you didn't see

any evidence -- no document that they produced saying, "Ah, we

are now going to use POM for a live connect strategy." Did

they show you the POM Live Connect strategy document; that they

ever used it? No. They didn't show that.

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Rebuttal Argument 

Did they call up one of their people that worked in

outbound support and have them testify or take their

deposition? "I was there. I used POM. We used it with a live

connect strategy where there was no prerecorded message." No.

With POM, there were two strategies. That means

those 400 contact sheets that did run, they were run through

POM. One of two things happened: One, Press 1 calls were a

prerecorded or artificial voice instructing customers to press

1. Telemarketing; prerecorded voice. Or Voice Casting calls,

where an audit clip played a prerecorded call-back message.

Under either of those strategies that means that the

campaign used a prerecorded voice. If in deliberations

somebody has a question about that, "Gee, do we really know?

What's the proof of that," I want you to take out the

stipulations and turn to stipulation 17. With POM, there's two

strategies.

Now, we had those 400 contact lists. They called

many people. The other way you know these were prerecorded

messages is it would have been implausible, impossible, in

fact, for them to do it any other way.

You have got to use your common sense. The

undisputed evidence is they had fewer than ten -- nine or fewer

employees in outbound support. The undisputed evidence is that

most of the time -- most of the work that those outbound

employees did was to call people about credit card declines,

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Rebuttal Argument 

because if somebody's credit card is declined, you've got to

call them personally, get on the phone, and get a new number.

Most of their time was spent on that. They had very little

time to handle WinBacks.

In fact, they only had enough time to handle a

WinBack if somebody pressed 1 and really wanted to talk to them

or call back. They didn't have time to be connected to people

that had no interest in talking to ViSalus at all.

In fact, the evidence shows Mr. Gidley testified that

one of those outbound support agents could handle on average,

if things went well, perfectly, about one call every five

minutes. That's about 12 in an hour. In the course of a

eight-hour day, that's 96. That is under 100. That means

their whole team could do 1,000 calls in a day at most, but

they spent most of their time on credit card declines. They

had very little time to take those WinBacks.

But we know that ViSalus was making over 8,000 calls

a day -- Saturdays and Sundays too. It was physically

impossible for their outbound support team to do these calls

with a live connect strategy, which is why all these calls were

done using these two strategies -- prerecorded messages -- all

of them.

Let me show you a couple of examples -- let me back

up. It was suggested to you that we should bring more people

like Ms. Wakefield. That's not how class actions work. She is

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Rebuttal Argument 

the representative. Everyone else we have to prove using their

documents, using generalized proof, not individualized proof.

It is not going to prove up the class claims to call two or

three more people. That would just prove up two or three more

plaintiffs. We have to take this process. We have to use

their documents, what they provided to us, to prove it for the

class. And if we can do it by showing it is more likely true

than not true, that's all we have to do. In fact, for all of

those more than two million calls, it's not just more likely

true than not true. It is actually undisputed. It is

undisputed that they were marketing. It is undisputed that

they ran on POM. POM used two strategies, both prerecorded

messages.

Here is an example in the evidence. One of the class

members, a woman by the name of Dana Gay. She got 26 calls

reported on this page, those campaigns. Here is another 50; a

total of 56 calls. These weren't live operators calling her.

This was a machine dialing her number time after time after

time leaving messages on her answering machine.

It was suggested to you, well, POM, maybe was set up

so maybe if you reached an answering machine, you wouldn't

leave a message. You didn't see a single scrap of testimony,

no ViSalus witness saying, "When an answering machine picked

up, we would disconnect. We wouldn't leave a message." You

didn't see that.

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Rebuttal Argument 

In fact, Mr. Gidley was tasked with identifying which

of those disposition codes are the ones where no prerecorded

message would play and which were the ones where a prerecorded

message could play. If you look in his declaration, he does

not identify "answering machine" as one where a prerecorded

message would not play.

If ViSalus had set up the POM machine where if the

answering machine picks up, and it disconnects, Mr. Gidley

would have identified "answer machine" as a code where no

prerecorded message would play. If the answering machine needs

no message to play to disconnect, he would have identified it.

He did not. That tells us they had it set up so that those

messages would be recorded on an answering machine.

Now, use your common sense. Why would ViSalus have a

prerecorded telemarketing message with a call-back number

wanting to deliver it to tens of thousands of people, set up

their equipment so that if they actually reached someone's

answering machine, they don't record the message? It doesn't

make any sense. They wanted those people to hear the message.

That was the whole point of creating these prerecorded messages

to be delivered to thousands of people.

ViSalus did not call a single witness, either by

deposition or live, to say POM would not leave a message if an

answering machine answered. There is not a single email, memo,

document, note, anything from ViSalus saying, "We set up POM so

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Rebuttal Argument 

that if an answering machine answered, then there is no

prerecorded message." The reason, it's not how it was set up.

If that evidence would have existed, they would have brought it

to you. That witness would be here. Those documents would be

here. They would have been shown it to you. The answering

machine disposition code is one where prerecorded messages are

played.

One other example. Lisa Brackett. She got 40 calls.

Most of them went to her answering machine. A few disconnected

by user. She disconnected them before they could leave a

message.

Now, you heard from ViSalus's counsel that Mr. Gidley

had said something about wanting to connect live, and that's

how POM was used. Mr. Gidley was very clear that when using

POM, yes, you can get connected to a live person, if you called

back, or if it was a Press 1 campaign.

He testified, "So what happens after the call is

placed through Progressive Outreach Manager?" 

He answered, "Well, what are you asking?"

The question was, "At some point is there a live

person at ViSalus on the phone?

"We did have Press 1 campaigns for that, yes." 

With POM, there weren't connections to live people,

with some campaigns. Those were called Press 1, which meant

you have to go through a prerecorded message, which violates

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Rebuttal Argument 

the TCPA. Mr. Gidley never said, "We had a live connect

strategy. We used POM with a live connect strategy." There

was no testimony like that whatsoever.

Now, we have gone from A and B; telemarketing/

prerecorded messages. Were these to a residential or a mobile

number, the final step? For all of those phone numbers on

those contact lists, all those numbers that were dialed, where

did they come from? They came from a ViSalus application.

ViSalus would ask people to provide numbers.

Now, ViSalus asked people to provide their home phone

number or their mobile number. Is it more likely true than not

true if somebody wrote a number into that blank that says "home

number," that it was their home number? A typical person would

write their home number in there. They are not being asked for

a business number. They are being asked for a home number.

Is it more likely true than not true that if someone

was asked for their mobile number, and they chose to give it,

that they would write that into this blank? ViSalus did not

ask people for business numbers. The reason is, they're trying

to get involved in a network marketing program. They

understand that people don't want it. They have a job, and

they don't want to get calls at their place of employment about

this side gig that they are doing, and so they asked for home

and mobile.

But they said if you have a separate company set up,

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Rebuttal Argument 

you can fill out this other thing, and we identified those

businesses. If people filled out a separate company name, we

identified those and then removed them from our count. There

is approximately 6,700 of them.

ViSalus -- their only statement on this is, "Well,

maybe some slipped through." Well, maybe some slipped through,

but where is the proof on that? They didn't identify a single

one that slipped through.

Is it more likely true or not true that all of these

numbers are home or mobile numbers -- except the ones we

removed -- that everyone else will would he a home or mobile

number? A to B to C for more than 2 million calls.

Telemarketing. Mr. Gidley admitted they're all

marketing campaigns. All used POM prerecorded message. All

the numbers were home or mobile, except for the few we

excluded.

You just heard from ViSalus's counsel saying that,

once again, Press 1 wasn't used for WinBack. Here is an

example from that POM tracker, "Press 1 WinBack." That's the

name of it. Isn't it reasonable to infer this is a Press 1

campaign for WinBack? He is saying they didn't do it. The

evidence shows otherwise. Did they call a single witness to

say, "Yeah, for Press 1, we didn't use that for telemarketing"?

No.

Counsel suggested to you that this Jason O'Toole

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Rebuttal Argument 

WinBack campaign, that maybe it didn't run because there were

no completion codes. No. ViSalus's own record, the POM

tracker shows contacts completed. How many? 67,000

contacts -- contacts completed. That's the job status. It was

fed into the POM machine, and they finished all of the 60,000.

The reason there are no completion codes is because ViSalus did

not keep all the records. They didn't keep all the completion

codes. We only have a limited set for about half of them. But

for the ones that we do have, we know whether those calls

finished, and we know what the status was.

If you look at the POM campaign tracker, it tells

you -- this is Exhibit 34, page 302. "For all the campaigns,

the data related to completed attempts gets archived to

historical tables forever." That data, if you look on page

331, includes the campaign strategy.

If they had any evidence that went to their POM

machine and looked at the archive data, they could pull up any

of those and say, "Oh, yeah, we used a live connect strategy

for this one," they would have presented it. They had the

data. For any of these 400 to use live connect, "We didn't

send it out via Press 1 or Voice Cast strategy," they would

have reported that for you. They didn't because it is not

true. Why? Because they used prerecorded messages for POM.

Now, let me finish the remaining minutes here with

the rest of the questions on the verdict form. We talked about

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Rebuttal Argument 

Question 1, which is for Ms. Wakefield. Was there at least one

telemarketing call using an artificial or prerecorded voice to

a residential telephone line? Yes.

How many? Well, the evidence shows that it is more

likely true than not true that there were five. Why is that?

Because the evidence that Mr. Franzini showed you is that all

five of those calls were POM campaigns where prerecorded

messages were used. That's ViSalus own documents.

We just don't have to rely upon the memory of

Lori Wakefield. She testified that there were prerecorded

messages, at least after she got a chance to hear what a

prerecorded message sounded like. But set that aside. We know

from ViSalus's own documents that she got five calls, and we

know that they were to a residential landline. Her home line

was a residential line. There's no contrary evidence that it

was a business line. So the number, the answer for Question 2,

should be five.

Now, for the class claim, we talked about that. Was

there at least one telemarketing call; artificial or

prerecorded voice to mobile or cellular telephones? Yes.

How many? The answer is at least 1,927,928. Where

does that number come from? Mr. Davis summarized all of the

calls that were identified by ViSalus as ones that were

telemarketing. These are the prerecorded messages. He checked

that against the class list, which is defined as the

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Rebuttal Argument 

individuals who received a telephone call from ViSalus

promoting ViSalus products. It features an artificial or

prerecorded voice. And if we do the math, we have 4,123,856

call attempts. We are going to deduct out about 1.7 million

where there was no outcome listed. That's where the data was

missing. We are going to deduct out the 415,000 where the

disposition code shows the message didn't go through. It was

connected, there was a busy signal, but no answer. All the

rest of them, the message was played.

And to be conservative, we can deduct out the 90,000

calls to invalid numbers and Canadian numbers. Now, we don't

have to. Why? If it is an invalid number, it shows up in

Mr. Davis' analysis as it didn't go through. No answer. So it

has already been deducted.

If it is a Canadian number, that doesn't mean they

are not part of the class. If they are residing in the U.S.,

they are still part of the class. But to be conservative, if

we deduct those, that still leaves 1,927,928. But we know that

number actually understates.

We know that there are more. It is more likely true

than not true that there are more. Why? Because of this

1,690,000, where we don't know what the outcome is because

ViSalus didn't keep the data and give it to us, we know that

most of those calls went through as well, just like the others.

There were some "no answers" there. There were some busy

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Rebuttal Argument 

signals there. But there was probably, more likely than not

true, at least another million calls.

The truth is and the reality is that there were at

least 3 million calls where a prerecorded voice played a

telemarketing message to a mobile or home number; at least

3 million. But to be conservative, we have proven that

certainly there's no dispute/no evidence to the contrary that

at least 1,927,928.

Now, Question 5, you will be asked: Did we prove

that there was at least one call to a mobile number for the

class? Your common sense tells you yes. Among that large pile

of 2 million plus calls, they are either mobile or home

numbers, we know that there are many, many mobile numbers.

There was at least one for sure.

How many? How many to a mobile number? That's our

next question, Question 6. That's a harder question. We have

to use our common sense to answer it. Why? Because ViSalus

didn't keep the data. It did not separate out which number is

mobile, which is home, and put them all into a single data

list.

But we can use our common sense to come up with an

answer to these questions. These calls were made between the

end of 2014 and the beginning of 2016. It was a time that we

know that many people did not have home landlines. They had

solely cell phones. It is reasonable to infer, if you use your

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Rebuttal Argument 

common sense, that at least half of those calls were to mobile

numbers. Of the approximately 2 million, at least half of them

were to mobile numbers.

Think back to the informal survey that the Court did

of the jurors during jury selection. Everybody had a cell

phone -- almost everybody -- and few people had landlines.

That was true of this group too. Our common sense tells us

that at least half of those numbers were mobile numbers; and

therefore, I suggest that you respond this way: At least

1 million. We don't know specifically. We can't write down a

specific number for that. But we know it is more likely true

than not true that at least half of them were, which means at

least 1 million mobile numbers.

Now, final two questions: Did we prove for the class

that there was at least one call to a residential telephone?

Well, again, so many calls. In a mass call list, there was at

least one of those was to a residential number. We know that's

more likely true than not true.

Now, again, how many? This is a very difficult

question. It's very difficult question. It is hard to answer.

We know that most of them are mobile phones or more than half;

maybe 75 percent even. We know the rest are residential, but

how many are residential? We can't really pin that down very

far. The best we can do is say, well, at least 10 percent of

them were. It might be more. It might be 20 or 25, but at

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Jury Instructions

least 10. 

So I suggest you write down at least 200,000. So

that leaves some calls unaccounted for. Of the 2 million

calls, if we say at least a million were mobile, at least

200,000 were residential. There are some that are unaccounted

for. Well, that's the best evidence that ViSalus gave us. We

can't give you any better than that.

So for those questions you are going to leave some

calls to the side: At least a million mobile; at least 200,000

residential.

So that completes the entire verdict form. I will

end by saying, on behalf of my client, Lori Wakefield, my other

clients, the class, and my entire team, I thank you for your

attention.

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

I have a little bit more for you, then it will be in

your hands, and lunch too.

I will be picking up on the final jury instructions,

page 16 and Instruction 22.

Before you begin your deliberations, select one

member of the jury as your presiding juror. The presiding

juror will preside over the deliberations and serve as the

spokesperson for the jury in court. You shall diligently

strive to reach agreement with all of the other jurors, if you

can do so. Your verdict must be unanimous. Each of you must

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Jury Instructions

decide the case for yourself, but you should do so only after

you have considered all of the evidence, discussed it fully

with the other jurors, and listened to their views.

It is important that you attempt to reach a unanimous

verdict, but, of course, only if each of you can do so after

having made your own conscientious decision. Do not be

unwilling to change your opinion if the discussion persuades

you that you should, but do not come to a decision simply

because other jurors think it is right or change an honest

belief about the weight and effect of the evidence simply to

reach a verdict.

Because you must base your verdict only on the

evidence received in this case and on these instructions, I

remind you that you must not be exposed to any other

information about the case or to the issues it involves.

Except for discussing the case with your fellow

jurors during your deliberations, do not communicate with

anyone in any way and do not let anyone else communicate with

you in any way about the merits of the case or anything to do

with it. This includes discussing the case in person, in

writing, by phone, or electronic means, via email, via text

messaging, or any Internet chat room, blog, website, or

application, including but not limited to Facebook, YouTube,

Twitter, Instragram, LinkedIn, Snapchat, or any other form of

social media. This applies to communicating with your family

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Jury Instructions

members, your employer, the media or the press, and the people

involved in this trial.

If you are asked or approached in any way about your

jury service or anything about this case, you must respond that

you've been ordered not to discuss the matter and to report the

contact to the Court. By the way, just remember, that's while

the case is still going on. After I discharge you, I'll

explain to you that you can discuss this with anybody that you

want, or you won't have to. It is your choice.

But while you are still deliberating, do not read,

watch, or listen to any news or media accounts or commentary

about the case or anything to do with it. Do not do any

research, such as consulting dictionaries, searching the

Internet, or using other reference materials. Do not make any

investigation or in any other way try to learn about the case

on your own.

Do not do any research about this case, the issues,

the law, or the people involved, including the parties, the

witnesses, or the lawyers until you have been excused as

jurors.

If you happen to read or hear anything touching on

this case in the media, turn away and report it to me as soon

as possible.

These rules protect each party's right to have this

case decided only on the evidence that is presented here in

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Jury Instructions

court. Witnesses here in court take an oath to tell the truth,

and the accuracy of their testimony is tested through the trial

process. If you do any research or investigation outside the

courtroom or gain any information through improper

communication, then your verdict may be influenced by

inaccurate, incomplete, or misleading information that has not

been tested by the trial process.

Each of the parties is entitled to a fair trial by an

impartial jury, and if you decide the case based on information

not presented in court, you will have denied the parties a fair

trial. Remember, you have taken an oath to follow these rules,

and it is very important that you follow these rules.

A juror who violates these restrictions jeopardizes

the fairness of these proceedings, and a mistrial could result

that would require the entire trial process to start over. If

any juror is exposed to any outside information, please notify

the Court immediately.

If it becomes necessary during your deliberations to

communicate with me, you may send a note through the courtroom

deputy, Mary, signed by your presiding juror or by one or more

members of the jury. No member of the jury should ever attempt

to communicate with me except by a signed writing. I will

communicate with any member of the jury on anything concerning

the case only in writing or here in open court.

If you send out a question, I will consult with the

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Jury Instructions

parties before answering it, which may take some time. You may

continue your deliberations while waiting for the answer to any

question. Remember that you are not to tell anyone, including

me, how the jury stands numerically or otherwise until after

you have reached a unanimous verdict or have been discharged.

Do not disclose any vote count in any note to the Court.

In a separate document -- it's a four-page document.

Mary has the original that's single-spaced; yours is

double-spaced. It is entitled "Special Verdict." It has eight

questions.

The form "Special Verdict" has been prepared for you.

After you reached unanimous agreement on each applicable

question on that special verdict form, your presiding juror

should fill in the form, sign and date it, and advise the

courtroom deputy, Mary, that you are ready to return to the

courtroom. 

You will see that it is divided up into Count 1,

which is Ms. Wakefield's individual claim. Then there is

Question 1, followed by some instructions to you in italics,

telling you what to do, depending on whether your answer is yes

or no.

Then we go to Count 2. That's the class claim. I

have divided that up into three sections. "A" combines mobile

cellular phones and residential lines. Then there is a

Question 3 to be answered "yes" or "no" and then italics

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Jury Instructions

instructions. Instructions in italics that tells you what to

do, depending upon whether you answered "yes" or "no" in

question 4.

Then we go to (b). That's for mobile or cellular

telephones only.

You will see question 5 and some instructions in

italics, Question 6, and then (c), residential landline

telephones only. Then you will see Question 7 and some

instructions in italics. Question 8. Then a signature line

and a place for your presiding juror to sign and date the form.

Before I swear in our courtroom deputy, let me ask

counsel if I've misread anything. Everything you've already

said on the record is preserved.

Did I misread anything or make any mistakes that

anyone wants to call to my attention to fix right now? 

Plaintiff?

MR. DOVEL: We didn't hear anything as it went by,

Your Honor.

THE COURT: Defendant?

MR. O'NEAL: No, Judge.

THE COURT: Okay. 

Mary, will you please stand and raise your right

hand.

(The clerk was duly sworn.)

THE COURT: All right. Members of the jury, thank

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you for your service. As soon as you get back in the jury

room, No. 1, your lunch will be there. My guess is if you

ordered hot food, it will be room temperature. If you ordered

cold food, it will be room temperature. Sorry. 

Thank you for your service, and the jury shall retire

to the deliberation room.

(Retired to deliberate at 1:32 p.m.)

(Open court; jury not present:)

THE COURT: Will counsel for each side leave a note

for Mary with your cell phone numbers. My rule is if the jury

comes back with a question or a verdict, Mary will call your

cell phones, whatever you leave for her, and you need to be

back in the courtroom no later than 20 minutes after she calls

you, preferably sooner, but no later than 20 minutes.

Also, it is both parties' responsibility to check and

double-check the list of received exhibits. Mary has got the

official list. If either side thinks that there is a mistake

or that something has been included that shouldn't or is left

off when it should be included, Mary will tell me. I'll come

back, on the record, and we will resolve those disputes. But

it is counsel's responsibility to double-check Mary's list.

MR. JACOBSON: Your Honor previously approved a

special procedure for the collection of spreadsheet exhibits,

which was to put them on a computer scrubbed of anything else.

We have that. We are going to show it to opposing counsel and

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make sure it all checks out. Then could we send that back?

THE COURT: Yes. If defense counsel has an

objection, let me know. If there is no objection, give it to

Mary, show Mary how to work it, and she will send it back with

the rest of the exhibits.

MR. O'NEAL: This is the 400-some spreadsheets?

MR. JACOBSON: I believe. It may include an

additional spreadsheet. We will give you the list.

MR. O'NEAL: If counsel is representing it's only the

spreadsheets that were admitted, that's fine.

THE COURT: I'll leave it to you all. If I need to

resolve something, I will.

(Recess pending verdict.) 

* * * * 

(Open court; jury not present; 4:30 p.m.) 

THE COURT: Good afternoon. We are here without the

jury. We have received a note from one of the jurors, from

Juror No. 1, Rebecca Cornett.

You have the copies, right?

COUNSEL: Yes, Your Honor.

THE COURT: We will mark it for our court files as

Court Exhibit A. It reads: Judge Simon, if we were to say

"yes" to B5, which is mobile cellular telephones only, did

plaintiff, as class rep, prove that defendant made or initiated

at least one telemarketing call, et cetera, et cetera, to a

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mobile or cellular telephone? 

If they answer "yes" to that question, then -- I

better read the whole jury question intact.

Ms. Cornett says, "If we were to say "yes" to B5,

then do we have to come up with numbers for the different

devices? Thank you, Becky Cornett."

So the way I'm interpreting that is if they say "yes"

to question 5, must they fill in the blank on question 6. Is

that how you all interpret it?

MR. DOVEL: Yes, Your Honor.

MR. O'NEAL: Yes, but with a clarification. If

Your Honor remembers, counsel argued that they could do

something equivalent to speculate a writing in, like "at

least," or something.

THE COURT: You're combining a couple of concepts.

You'll argue, I'm sure, post-trial, if you lose, that

plaintiff's counsel invited them to speculate.

MR. O'NEAL: Yes.

THE COURT: But I'm not quite sure I am going to

agree that writing "at least" and then a number is necessarily

speculation.

So, yes, you're correct that counsel invited them

that if they couldn't know the exact number, but they are

confident without speculation that they could have at least a

floor, they can write "at least." And if that's what they do,

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if that's what happens, you can argue post-trial what the legal

consequences are, and I'll take a close look at everything.

But the way I'm interpreting the question is what if

they can't come up a number, including an "at least" number.

I'm assuming that if they felt that they could have unanimous

agreement, that they could fill in "at least" X, that they

wouldn't be sending us this question.

So here is my thinking on it -- let me ask you. How

would you like me to respond? First plaintiff.

MR. DOVEL: I would like you to respond, yes, that

they do. They should deliberate and see if they can reach an

answer on Question 6.

THE COURT: How would defendant like me to respond?

MR. O'NEAL: I think, Judge, they need clarity, which

specifies if they are unable to agree, that we should go back

to that concept. If Your Honor remembers, we were exchanging

emails. Originally one of your instructions was that maybe we

would put down "unknown" to identify the option what they don't

know. And I think we're right there.

THE COURT: Although here is the interesting question

that's in my mind, and we don't know where they are on this

point. I think if they are all in unanimous agreement with the

answer "we can't tell," I think they can put down "we can't

tell." I think also if they are in unanimous agreement "at

least" X -- and assume X is a specific number -- I think they

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can write that down too, and then we will talk about the

implications. But I don't think they are having a problem with

the "at least" concept. I think some of them at least are

unable to tell.

Yes?

MR. DOVEL: I would say that I think the other

alternative is that they are having trouble kind of agreeing

upon an "at least" number or an exact number. So that's my

concern.

THE COURT: Okay. So maybe we have, let's say, half

the jurors come up and say it is X; half of the jurors say Y.

My guess is that's probably not the problem. Assume X is lower

than Y. I would think that if half the jurors say, "No, it is

not as high as Y; we think it is only X," they would ultimately

agree and say, "It's at least X." That's the way I would read

this. And they would all agree that it is at least X even if

four of them feel pretty confidently that it is higher than X;

that it should be Y.

But here is my concern: What if we have, let's say,

half the jurors or a fraction of the jurors are convinced that

the number is either X or at least X, and the other half say

"we can't tell." So we have some jurors who can't tell and

some jurors who are ready to write a number in or an "at least"

number. That worries me a little bit.

As I said, I will have no problem at all if they all

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unanimously agree "we can't tell," and I'll have no problem, at

least for right now, if they write "at least" X. We will worry

about that later. But I want them to agree on one or the

other.

So what I think I better tell them to do, and I'll

give both sides an opportunity to either talk me out of it or

take your objections. But I think what I better tell them to

do is, "I can't tell whether you all agree or disagree, and I'm

not asking you. But if you all agree that you can't tell, if

that's unanimous, you're welcome to write in that blank 'we

can't tell,' if that is your unanimous answer.

"If, however, some of you believe you can tell, and

you either want to write a number in or an 'at least' number

in, and others say 'we can't tell,' then you don't have an

agreement. And I would like you to keep deliberating a little

bit longer. And if at some point you want to report to me that

you're hopelessly deadlocked, and you will never have an

agreement, then fine. Debate. Deliberate a little bit longer.

And if you are really confident that's the case, fine. You can

tell me that. You can write in 'hopelessly deadlocked.'

"So really you have four choices. You can all

unanimously agree on a number." I'll call it X. They can all

agree on an "at least" number, "at least" X. They can all

unanimously agree "we can't tell" or "we can't decide." And if

it is unanimous, so be it. Or if they can't all agree on one

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of those three options after they deliberate a little bit

longer, and they want to write "hopelessly deadlocked," I will

accept that as well.

I think I should give them those four choices. 

Plaintiff's position

MR. DOVEL: That makes sense, Your Honor. It is very

sensible.

THE COURT: Defendant's position?

MR. O'NEAL: I concur. Yes, I concur.

THE COURT: I think it will be easier for me to bring

in the jury and explain that than to write it down.

Is that okay with you all?

MR. DOVEL: Yes.

MR. O'NEAL: Yes.

THE COURT: Mary, let's bring in the jury.

(Open court; jury present:).

THE CLERK: Please be seated.

THE COURT: Good afternoon, members of the jury. I

have received a question from one of you, from Juror Becky

Cornett. Thank you.

I have discussed what the answer is that I'm going to

tell you in a few moments with the lawyers, and I thought it

would be easier for me to explain it orally than to write it

out. So do not respond to anything that I'm saying. If you

have a question, you can raise your hand and ask a question, or

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you can submit it in writing later. So don't give me any

signals. Don't give them any signals about anything. I will

just give you the response.

First of all, let me read into the record and make

sure we are all on the same page. This is the question that

Ms. Cornett gave me: Judge Simon, if we were to say "yes" to

B5 -- which is Question 5 -- then do we have to come up with

numbers for the different devices? Thank you, Becky Cornett.

And I'm assuming you are referring in that question

"do we have to fill in the blank on Question 6?" So "if we say

"yes" to Question 5, do we have to fill in a number on

Question 6?" 

I think I will ask you this question: Ms. Cornett,

is that what you were asking?

JUROR: Yes.

THE COURT: Okay. Here is the way I would like to

answer the question and tell me if this makes sense. You don't

have to agree if you don't like it, but I want to make sure you

understand what I'm saying. I think you have four -- if you

say yes to Question 5, you have four options to Question 6.

Option No. 1. You all agree on a number. All eight

of you have to agree on a number. For the sake of our

discussion, I'm going to label that number X. I'm not going to

put my thumb on any numbers or anything. Let's say you all

agree on X. If all eight of you agree on X, fine. Put in X.

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That's Option 1.

Option 2. Maybe some of you think it is X and some

of you think it is higher, like Y. Assume X is the lowest

number you all agree on, but some of you think it is Y, a

higher number. If you want, if you all agree on the following

answer, you may put in that line on Question 6 "at least" X,

and then you are done on that question.

I know some of you may think it should be higher,

like Y. But if you can't agree on Y, but you all can agree on

a lower number, X, you're welcome in Option 2 to put in

"at least" X. That's Option 2.

Here is Option 3: If you all agree on the answer

being "we can't tell/we don't know/we can't tell," if you all

agree on that, all eight of you, then write in "we can't tell,"

and I'll accept that.

And here is Option 4: We don't have unanimous

agreement on Option 1, 2, 3, or 4. Maybe some of you really do

think it is X. Maybe some of you really do think it is higher,

like Y, and you are not going to be satisfied with just putting

in X. Maybe some of you really believe "we can't tell," and

others say "yes, we can. It is X." If you can't all get

unanimous agreement on Option 1, 2, or 3, talk about it a

little bit longer. Look at it from somebody else's

perspective. Deliberate a little bit further. Make sure that

you've looked at it from all angles and how everybody else

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looks at it. But if you tell me that you are hopelessly

deadlocked, you will never agree on this Question 6 on whether

to fill in Option 1, Option 2, or Option 3, I'll accept that

too. That's Option 4.

But I'm not ready to receive Option 4. So don't come

right back and give me Option 4. I want you to deliberate

further. And if that's the direction you're going, look at it

from somebody's perspective. Ask somebody else, "Why do you

think Option 1, 2, or 3 is the best answer," and listen with an

open mind. As I said earlier, don't give up your truly held

opinions just to agree, but think about it from somebody else's

perspective.

But if you come back and you all unanimously agree it

is X, Option 1, we are done on that question. If you all

unanimous agree it is "at least" X, that's good enough, if you

all agree. Option 2.

If you all unanimous agree on Option 3, "we can't

tell," write in "we can't tell." 

And if after talking about it a bit further, you are

hopelessly deadlocked, and you can't reach a unanimous

agreement on what to do between Options 1, 2, and 3, just write

in "hopelessly deadlocked." 

First of all, do you all understand what I've just

said? Okay.

Let me ask, plaintiff's counsel, any objections to

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what I've just said?

MR. DOVEL: No, Your Honor.

THE COURT: Defense counsel?

MR. O'NEAL: No, Judge.

THE COURT: Okay. Any follow-up questions, but don't

reveal any vote counts or specific issues? Any follow-up

questions you want to ask me about this right now, or do you

want to go back and talk among yourselves? 

Okay. Go back and talk amongst yourselves. Thank

you so much for that question.

(Recess pending verdict.) 

* * * * 

(Open court; jury present; 5:05 p.m.)

THE CLERK: Please be seated.

THE COURT: Good afternoon, members of the jury. Who

speaks for the jury as the presiding juror?

JUROR: I do Your Honor.

THE COURT: Ms. Cornett, has the jury reached a

unanimous decision?

JUROR: Yes, we have, Your Honor.

THE COURT: All right. Please hand the special

verdict to the courtroom deputy.

(Pause in proceedings.)

THE COURT: All right. In a moment I'm going to ask

our courtroom deputy to read aloud the answers to your

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questions. She is not going to read the questions. She will

go Question 1, and then she will state what the answer is;

Question 2, and then state what the answer is.

I would like you all to listen to that, because as

soon as she is done, she is going to ask each one of you eight

by juror number -- starting with Juror No. 1, Juror No. 2,

Juror No. 3 -- she is going to ask "Is this your verdict?"

Please say "yes" or "no," because we want to ensure that we

have a unanimous verdict and that you all agree on all of the

answers that she is going to read out loud.

Mary, will you please read the answers on the special

verdict.

THE CLERK: Sure. 

We, the jury, being first duly sworn, unanimously

find as follows:

As to Count 1, Ms. Wakefield's individual claim, the

answer is yes.

How many calls, on Question 2. For Count 2, class

claim, the answer is yes.

THE COURT: That's Question 3.

THE CLERK: Yes, Question 3.

And for Question 4, it's 1,850,436.

THE COURT: Slowly. Let's do that again.

THE CLERK: 1,850,436.

THE COURT: All right. Question 5.

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THE CLERK: Question 5 is yes. The answer is, "We

cannot tell."

THE COURT: That's to Question 6?

THE CLERK: That's to Question 6.

THE COURT: "We cannot tell." 

THE CLERK: For Question 7, yes.

And for Question 8, "We cannot tell." 

It's dated this 12th day of April, 2019, by

Rebecca Cornett, presiding juror.

THE COURT: All right. Will you please poll the

jury, Mary.

THE CLERK: Juror No. 1, is this your verdict?

JUROR: Yes, it is. 

THE CLERK: Juror No. 2, is this your verdict?

JUROR: Yes, it is. 

THE CLERK: Juror No. 3, is this your verdict?

JUROR: Yes.

THE CLERK: Juror No. 4, is this your verdict?

JUROR: Yes.

THE CLERK: Juror No. 5, is this your verdict?

JUROR: Yes.

THE CLERK: Juror No. 6, is this your verdict?

JUROR: Yes.

THE CLERK: Juror No. 7, is this your verdict?

JUROR: Yes.

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THE CLERK: And Juror No. 8, is this your verdict?

JUROR: Yes.

THE COURT: All right.

Mary, will you show counsel -- start with defense

counsel -- the verdict form. We will get you copies of it, but

just take a look at it. Then we will show plaintiff's counsel.

Let me say to the jury that I appreciate your hard

work, your diligence, your conscientiousness throughout this

trial. We could not do this process without you. As I said in

the beginning, this is a fundamental American way of resolving

disputes within our community, and I very much thank you for

your time -- I know you have been here three days -- for your

attention, for your hard work.

In a few moments I want to go back in the jury room

and thank you personally in person back there. So if you don't

mind waiting for me for a minute or two, then I'll say good-bye

to you back in the jury room.

You are now officially excused. I do accept your

verdict, and you are officially discharged. You may, if you

want, keep any of your notes or your written jury instructions,

whatever we have given you. If you want to keep them, you may

keep them. If you don't want to keep them, just leave the

papers back there on the jury room table. We will recycle the

nonconfidential. If you leave your notes there, we will shred

your notes.

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You may or may not -- well, you may decide you want

to tell people about this. By the way, you are now free to do

whatever research you want, if you want to. If people want to

talk to you, you are welcome to talk to people. If you don't

want to talk to people, you are also welcome not to. So just

feel free to say, "I would rather not talk about it." If

anyone pressures you too hard or you find that you are being

made uncomfortable by that, contact Mary immediately, and I

will get involved immediately and provide you all the

appropriate protection that you want. But as I said, also, if

you want to talk to people -- family, friends, employers,

whatever -- it is now your choice.

So thank you all for your hard work. If you don't

mind waiting for me for a few moments, I'll be in in a few

minutes.

(Open court; jury not present:)

THE COURT: We are here without the jury. We do have

some items that I think need addressing for post-trial

scheduling. What I would like is for both sides to confer with

each other and come up with an appropriate agenda and/or

schedule. We still have to figure out how I'm going to deal

with the issue of willfulness or knowingly, and when -- whether

it should be by hearing oral testimony, receiving written

materials, briefing.

We also have to figure out a briefing schedule,

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probably for at least I would expect for defendant's post-trial

motions, renewed motion for judgment as a matter of law.

Whether or not plaintiff wants to file a renewed motion for

judgment as a matter of law, you figure that one out if you

want to, but it should be on the same schedule, at least, if

you do do it.

So rather than make you figure that out now, since it

is Friday afternoon, will you confer with each other early next

week and figure out what needs to be done, see if you have a

way in which -- we need to get them back their computer too.

See if you can figure out or reach agreement on how you want to

handle the willfulness issue, whether it be by an evidentiary

hearing, submissions on the record, in writing, briefing.

Figure out what a briefing schedule should be for judgment as a

matter of law and responses.

If both sides can reach an agreement on both an

agenda and a briefing schedule, I don't anticipate not

following your agreed-upon schedule. If you can't reach an

agreement, then I will order you to go back and deliberate

further. But if you really can't reach an agreement, let me

know what each side respectfully proposes. Then we will get on

the telephone next week and sort it all out. But send us

something in writing if you can reach an agreement. If you

can't reach an agreement, let Mary know, and then we will get

on the telephone and work it out.

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Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 167 of 200
 570

 

Any matters that I must address today? 

First from plaintiff?

MR. DOVEL: Nothing from the plaintiff, Your Honor.

THE COURT: From defendant?

MR. O'NEAL: No, Judge.

THE COURT: All right. Have a good weekend.

MR. JACOBSON: One question, Your Honor.

THE COURT: Yes.

MR. JACOBSON: What's the Court's policy on us

talking to the jurors, if they want to talk?

THE COURT: I do not allow you to talk to a juror.

But if a juror contacts you, that's going to be their business.

But I don't allow you to call a juror.

MR. JACOBSON: Understood. 

MR. FOSTER: Thank you, Your Honor.

(Court adjourned.)

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Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 168 of 200
 571

 

 --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 14, 2019 

DENNIS W. APODACA, RDR, RMR, FCRR, CRR DATE 

Official Court Reporter 

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Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 169 of 200
 "ANSWER: [14] 487/10 487/17 487/23 488/1 492/8 493/4

 493/7 496/16 496/21 505/18 505/20 506/3 506/12 532/6

 "QUESTION: [9] 487/9 487/15 487/21 487/24 493/1 493/5

 496/14 496/19 506/9

 BY MR. DOVEL: [19] 412/14 413/15 418/1 423/3 424/15

 425/17 447/1 447/17 448/10 449/6 449/21 450/4 450/9 450/18

 450/25 451/8 451/15 451/23 452/5

 BY MR. FOSTER: [8] 426/8 426/21 427/4 430/5 431/23 440/20

 440/24 441/9

 COUNSEL: [1] 555/19

 JUROR: [12] 457/8 561/14 564/16 564/19 566/12 566/14

 566/16 566/18 566/20 566/22 566/24 567/1

 MR. DOVEL: [52] 406/11 406/14 406/17 407/8 407/17 407/21

 408/25 409/10 409/13 411/22 412/2 412/12 413/14 417/9

 417/16 417/19 417/21 426/3 446/20 447/12 447/16 447/24

 448/3 448/25 449/5 449/12 450/13 452/4 452/12 453/4 453/8

 453/10 453/18 454/1 454/3 454/8 454/13 455/16 455/18 471/5

 474/13 474/16 530/3 530/6 553/16 556/9 557/9 558/5 560/5

 560/12 564/1 570/2

 MR. FOSTER: [29] 413/11 417/7 422/22 423/19 424/18 425/10

 426/6 426/19 427/2 430/1 440/15 440/22 441/4 441/7 446/18

 447/9 447/22 448/1 448/15 448/18 450/22 451/6 451/13 451/20

 452/14 452/19 452/22 507/19 570/14

 MR. FRANZINI: [17] 476/25 478/21 479/2 484/19 484/23 485/4

 485/8 485/16 485/18 485/23 486/3 486/20 487/7 505/2 513/13

 513/16 513/19

 MR. JACOBSON: [8] 409/24 410/2 411/12 554/21 555/6 570/6

 570/8 570/13

 MR. O'NEAL: [36] 407/2 408/1 409/19 411/15 449/14 453/15

 453/22 454/5 454/10 454/16 456/7 471/11 472/10 476/2 476/18

 478/12 478/17 478/20 485/11 485/13 486/23 486/25 487/2

 507/17 507/22 514/2 553/19 555/5 555/8 556/10 556/17 557/13

 560/8 560/13 564/3 570/4

 THE CLERK: [17] 412/6 560/16 564/13 565/12 565/20 565/23

 565/25 566/3 566/5 566/11 566/13 566/15 566/17 566/19

 566/21 566/23 566/25

 THE COURT REPORTER: [3] 407/6 455/2 472/8

 THE COURT: [151] 406/3 406/13 406/15 406/18 407/5 407/10

 407/20 407/24 408/3 409/5 409/11 409/14 409/21 410/1 410/10

 411/13 411/16 411/23 412/3 412/7 413/13 417/8 417/13 417/17

 417/20 417/22 417/25 422/25 423/20 423/25 424/8 424/19

 424/22 424/25 425/3 425/5 425/11 425/15 426/5 426/20 426/24

 429/18 430/3 431/18 440/14 440/16 440/23 441/3 441/5 441/8

 446/19 447/11 447/14 447/23 448/5 448/17 448/22 449/2

 449/15 450/3 450/7 450/14 450/24 451/7 451/14 451/21 452/13

 452/15 452/20 452/23 453/7 453/9 453/11 453/16 453/19

 453/23 454/2 454/6 454/11 454/14 454/17 455/3 455/17 455/20

 456/8 457/9 471/7 473/23 474/14 475/22 476/7 476/15 476/19

 476/22 478/14 478/18 479/1 484/17 485/2 485/12 485/14

 486/24 487/1 487/3 505/1 507/14 507/18 507/21 513/10 513/14

 513/17 513/20 529/25 530/5 548/14 553/18 553/20 553/24

 554/8 555/1 555/10 555/15 555/20 556/14 556/18 557/12

 557/19 558/9 560/7 560/9 560/14 560/17 561/15 564/2 564/4

 564/14 564/17 564/20 564/23 565/19 565/22 565/24 566/2

 566/4 566/9 567/2 568/16 570/3 570/5 570/7 570/10

 THE WITNESS: [17] 417/24 423/2 423/24 424/5 424/10 424/21

 424/23 425/2 425/4 425/6 425/14 429/22 431/22 440/17 448/9

 449/4 451/22

$

$100 [2] 481/16 530/24

'

'at [1] 559/13

'Hey [1] 493/18

'hopelessly [1] 559/20

'Lori's [1] 505/25

'we [2] 559/10 559/14

-

--oOo [1] 571/4

/

/s [1] 571/11

1

1 million [1] 547/10

1,000 [1] 537/14

1,654,059 [1] 413/25

1,690,000 [1] 545/22

1,690,482 [3] 420/12 500/18 501/21

1,700,134 [1] 415/13

1,850,436 [2] 565/22 565/24

1,927,928 [4] 502/5 544/21 545/18 546/8

1-800 [8] 435/4 435/15 435/18 436/1 436/9 436/10 436/13

 444/25

1-800/877 [1] 435/22

1-something-million [1] 508/14

1.7 million [2] 416/20 545/4

1.9 million [7] 475/17 510/24 512/10 513/1 515/4 516/13

 523/24

1.9-something [2] 510/22 522/12

10 [3] 518/9 547/24 548/1

100 [7] 404/7 439/19 440/2 480/1 480/2 480/5 537/13

100,000 [1] 475/20

1000 [1] 404/23

101 [1] 404/14

10th [2] 491/20 504/9

11 [4] 407/15 408/6 408/17 496/5

111 [1] 404/17

115 [5] 421/5 491/14 504/8 509/23 510/17

12 [6] 403/6 406/1 408/7 518/9 520/12 537/12

123 [1] 404/7

12th [1] 566/8

13 [1] 409/6

14 [7] 408/14 409/3 409/7 409/8 485/7 485/8 571/11

15 [8] 408/14 408/18 409/7 409/12 438/24 474/12 486/2 486/3

16 [6] 470/14 470/23 491/25 492/16 525/8 548/19

17 [3] 483/17 488/14 536/15

19 [2] 496/5 525/8

19-second [1] 525/22

1:32 [1] 554/7

1st [2] 491/19 504/9

2

2 million [7] 428/2 534/9 534/11 542/12 546/12 547/2 548/3

2,000 [6] 452/11 482/3 482/3 482/7 482/9 482/10

20 [6] 471/4 474/12 496/5 547/25 554/13 554/14

200,000 [3] 548/2 548/5 548/9

201 [1] 404/5

2011 [1] 496/8

2013 [1] 497/6

2014 [3] 491/25 497/6 546/23

2015 [13] 486/18 491/11 491/19 491/20 492/12 497/7 502/22

 503/9 503/16 504/16 515/18 522/15 525/4

2016 [4] 492/1 516/5 525/4 546/23

2018 [1] 414/9

2019 [4] 403/6 406/1 566/8 571/11

22 [3] 496/5 502/21 548/19

227 [1] 465/1

24 [3] 479/25 486/19 486/20

248 [1] 481/5

25 [3] 485/21 485/23 547/25

26 [1] 538/15

2695 [1] 510/6

27069 [1] 443/1

287 [1] 442/18

287-8490 [4] 440/13 440/16 441/18 442/6

28th [4] 504/14 504/18 526/4 526/8

2nd [5] 480/22 481/2 503/9 503/16 526/3

3

3 million [2] 546/4 546/6

30 [1] 528/9

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 170 of 200
3

30,000 [3] 518/21 519/4 519/8

30,000-something-plus [1] 511/20

301 [2] 404/23 506/24

302 [1] 543/12

31 [5] 491/2 491/11 503/12 504/5 515/14

32 [3] 485/2 485/6 503/12

326-8182 [1] 404/24

33,000 [2] 440/7 440/14

331 [1] 543/15

33602 [1] 404/14

34 [3] 493/24 493/25 543/12

34-48 [1] 521/16

3400 [2] 404/14 404/17

35 [1] 525/21

36 [32] 406/20 411/21 412/10 412/16 415/11 418/9 426/1

 428/14 431/5 432/1 432/4 432/11 432/22 433/8 433/21 434/4

 434/8 434/17 434/24 435/3 436/1 437/2 437/8 437/19 437/22

 439/11 441/12 444/6 444/21 448/20 518/13 520/22

36A [34] 406/20 411/21 412/10 418/3 418/8 426/1 428/14 431/6

 432/1 432/4 432/11 432/22 433/8 433/22 434/4 434/8 434/18

 434/24 435/3 436/1 436/7 436/20 437/2 437/8 437/19 437/22

 438/5 439/11 441/12 444/6 444/22 448/20 449/23 518/14

36B [9] 432/9 433/9 437/3 437/7 437/15 447/3 447/8 447/10

 447/13

37 [3] 426/24 482/13 489/23

38-115 [5] 421/5 491/14 504/8 509/23 510/17

3:15-cv-01857-SI [1] 403/5

4

4,033,856 [1] 450/11

4,123,856 [4] 420/16 449/25 500/14 545/3

40 [2] 503/23 540/8

400 [7] 482/11 534/20 534/25 535/3 536/6 536/17 543/20

400-some [1] 555/6

405 [6] 412/24 413/5 413/20 413/23 419/11 430/10

406 [5] 405/2 482/13 483/13 483/13 491/23

412 [1] 405/4

415,000 [2] 417/4 545/6

426 [1] 405/4

43 [2] 486/12 512/13

43-14 [2] 485/7 485/8

43-15 [2] 486/2 486/3

43-24 [2] 486/19 486/20

43-25 [2] 485/21 485/23

43-32 [2] 485/2 485/6

43-34 [2] 493/24 493/25

43-7 [2] 484/21 484/23

43-8 [2] 485/11 485/18

44 [5] 488/9 488/9 488/10 488/16 516/4

443-2695 [1] 510/6

447 [1] 405/4

454 [2] 405/5 405/6

457 [1] 405/7

469 [5] 440/13 440/16 441/18 442/6 442/18

47 [6] 453/8 453/9 453/11 453/17 465/1 494/25

471 [1] 405/8

477 [1] 405/9

48 [1] 521/16

480 [1] 514/8

4:30 [1] 555/15

4th [1] 414/9

5

5 and [1] 411/3

50 [6] 453/19 453/24 471/10 471/13 474/3 538/16

50 percent [11] 475/18 480/16 480/18 480/21 480/24 481/1

 481/3 481/12 488/5 493/10 525/1

50,000 [1] 534/3

503 [1] 404/24

507 [1] 405/10

530 [1] 405/11

548 [1] 405/12

555 [3] 405/13 437/10 437/13

56 [1] 538/17

564 [1] 405/14

58 [1] 512/12

58,000 [5] 432/15 444/1 444/15 444/20 445/1

58,800 [1] 443/9

58,801 [1] 443/8

5:05 [1] 564/13

6

6,000 [1] 492/14

6,700 [1] 542/4

6,724 [1] 498/13

60,000 [8] 482/6 491/16 491/17 491/20 493/9 494/19 498/9

 543/5

600 [1] 404/5

67,000 [1] 543/3

6700 [1] 436/18

6:00 p.m [2] 480/22 481/2

6th [1] 433/11

7

70 [1] 441/21

75 percent [2] 482/22 547/22

7514 [1] 481/5

764-7514 [1] 481/5

8

8,000 [2] 492/15 537/17

8,591 [3] 492/1 492/2 492/20

800 [10] 435/4 435/4 435/15 435/18 435/19 436/1 436/9 436/10

 436/13 444/25

805 [1] 510/6

8182 [1] 404/24

8490 [4] 440/13 440/16 441/18 442/6

85004 [1] 404/11

877 [1] 435/22

8th [2] 504/4 526/3

9

90 [2] 421/8 498/10

90,000 [6] 449/12 450/4 450/6 501/9 501/13 545/10

90401 [1] 404/5

94107 [1] 404/8

950,000 [1] 475/19

96 [1] 537/13

97204 [2] 404/17 404/23

A

A class [1] 465/22

ability [1] 461/17

able [6] 437/24 463/11 489/5 492/17 508/10 525/13

about [108] 406/5 406/8 406/9 407/5 408/23 409/2 409/22

 410/14 410/16 412/20 418/5 418/17 418/18 420/21 421/25

 423/22 424/4 425/13 426/13 426/13 428/2 430/7 431/18 435/12

 437/18 438/3 441/21 443/12 449/11 451/2 452/7 453/14 455/25

 460/9 461/15 462/9 462/12 462/12 463/22 464/10 466/17

 479/22 480/11 481/18 481/19 484/16 486/7 486/9 488/10

 488/23 490/4 492/6 492/24 495/2 495/4 497/6 501/9 505/16

 511/13 512/8 515/16 515/22 516/1 518/13 519/25 520/2 520/10

 521/5 521/21 523/20 525/4 525/5 526/18 527/22 529/4 530/14

 530/16 531/12 532/18 533/23 535/6 536/13 536/25 537/11

 537/12 540/13 541/22 543/8 543/25 544/18 545/4 549/10

 549/15 549/19 550/3 550/4 550/12 550/15 550/17 558/1 559/3

 561/2 562/22 563/11 563/19 564/7 568/2 568/6

above [1] 571/8

above-entitled [1] 571/8

absence [1] 466/11

absolutely [3] 457/10 480/7 524/11

accept [6] 462/13 535/19 560/3 562/15 563/3 567/18

access [2] 464/16 464/19

accidentally [1] 526/13

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 171 of 200
A

according [6] 414/8 415/19 417/5 500/12 501/22 504/17

account [3] 437/25 461/16 481/3

accounts [2] 498/7 550/11

accuracy [1] 551/2

accurate [3] 432/11 432/13 523/21

across [3] 513/6 515/3 527/19

act [2] 464/25 533/2

acted [2] 473/7 473/10

action [5] 408/19 465/21 465/22 466/16 467/6

actions [1] 537/25

actual [1] 431/5

actuality [1] 428/14

actually [25] 408/8 425/8 469/8 469/11 469/12 481/14 484/1

 486/17 488/19 491/5 501/3 502/8 502/8 508/16 512/13 512/15

 516/7 516/15 519/2 520/15 528/21 530/22 538/10 539/17

 545/19

ad [1] 430/8

ad nauseam [1] 430/8

Adams [1] 404/3

add [4] 406/11 481/13 491/23 527/21

added [6] 409/3 409/4 416/17 416/18 416/20 416/20

addition [7] 409/24 459/25 474/25 475/11 497/15 502/6 532/19

additional [6] 420/24 439/2 439/8 463/21 523/18 555/8

address [3] 424/24 478/5 570/1

addresses [1] 425/8

addressing [1] 568/18

adequate [1] 473/16

adjourned [1] 570/16

adjust [1] 519/6

admitted [7] 483/17 519/1 532/18 532/19 535/19 542/13 555/10

advantage [1] 481/4

advertise [2] 505/17 506/2

advice [1] 456/20

advise [1] 552/14

advisement [1] 474/2

affidavit [4] 426/14 426/14 427/14 427/21

after [21] 406/10 406/12 455/14 457/14 488/20 499/4 522/9

 528/25 529/3 538/18 538/18 540/17 544/11 549/1 549/5 550/7

 552/4 552/12 554/13 560/1 563/19

afternoon [4] 555/16 560/18 564/15 569/8

again [49] 409/12 411/5 419/22 420/8 420/18 428/25 430/14

 432/18 432/21 436/22 437/5 439/9 440/11 440/15 442/20

 443/11 444/1 444/11 445/9 447/10 448/5 476/23 480/18 485/9

 485/24 486/5 488/4 494/10 504/16 504/18 507/9 514/25 516/14

 518/7 521/4 521/9 523/14 523/16 525/2 525/16 526/16 526/17

 527/14 531/10 534/3 542/18 547/16 547/19 565/23

against [4] 430/10 450/16 466/12 544/25

agenda [2] 568/20 569/17

agent [10] 484/17 488/12 488/13 488/16 488/20 490/1 490/9

 521/17 521/19 521/25

agent-based [1] 521/17

agents [5] 422/14 466/8 477/6 488/19 537/10

ago [4] 432/6 447/5 448/18 448/25

agree [49] 417/24 427/13 428/18 431/6 431/8 432/24 433/2

 435/21 435/25 436/18 436/21 436/25 440/1 440/2 443/14

 444/20 445/8 446/11 458/9 556/20 557/15 558/15 558/16 559/1

 559/3 559/8 559/9 559/22 559/23 559/24 559/25 561/18 561/21

 561/22 561/25 561/25 562/4 562/5 562/9 562/9 562/12 562/14

 563/2 563/11 563/13 563/15 563/16 563/17 565/9

agreed [10] 408/2 429/9 455/24 459/3 462/20 467/24 483/17

 502/21 502/23 569/18

agreed-upon [1] 569/18

agreeing [1] 558/7

agreement [18] 469/19 499/19 548/24 552/12 557/6 557/22

 557/24 559/15 559/18 562/17 562/22 563/21 569/11 569/16

 569/19 569/20 569/23 569/24

agrees [2] 499/16 500/3

Ah [3] 515/1 516/12 535/22

Ah-ha [2] 515/1 516/12

ahead [4] 441/19 457/3 457/7 474/16

all [209] 

allege [1] 472/23

alleged [1] 472/7

allegedly [1] 511/20

alleges [1] 465/13

allow [3] 449/4 570/11 570/13

allowed [1] 431/18

allows [4] 408/19 408/20 464/20 465/22

almost [3] 482/3 482/7 547/6

alone [2] 411/17 527/10

along [5] 421/6 456/23 457/2 457/8 520/19

aloud [3] 456/18 456/23 564/25

alphabetically [1] 443/18

already [11] 421/22 421/23 479/2 479/3 483/9 505/2 505/3

 526/9 526/10 545/14 553/12

also [50] 410/22 416/19 418/13 418/14 425/9 429/12 435/2

 436/25 445/21 459/3 462/4 463/17 466/15 466/18 467/20

 467/20 468/10 472/2 472/21 475/3 479/22 481/12 482/20 483/8

 487/4 489/18 490/24 494/22 496/11 499/24 500/23 501/8 502/1

 502/12 502/23 507/9 515/7 521/2 524/25 525/14 526/7 527/21

 528/5 532/5 532/19 554/15 557/24 568/5 568/10 568/25

alter [1] 464/18

alternate [1] 519/11

alternative [1] 558/7

although [4] 408/2 408/12 449/19 557/20

always [1] 522/23

am [14] 407/2 407/2 409/6 411/20 425/14 431/18 431/19 444/18

 445/18 457/20 475/25 493/24 519/18 556/19

amazing [1] 480/7

ambassadors [3] 513/10 514/11 523/5

ambiguous [1] 533/18

American [1] 567/10

among [5] 465/2 471/2 472/23 546/11 564/8

amongst [4] 472/3 472/8 472/22 564/9

amongst the [1] 472/8

amount [2] 437/20 440/2

Amy [6] 510/5 510/7 510/8 510/10 510/12 518/16

analogy [1] 519/13

analysis [13] 419/12 421/12 423/9 447/7 448/12 450/20 451/2

 451/19 451/25 452/9 452/10 518/20 545/13

and/or [1] 568/20

angles [1] 562/25

Announce [2] 503/17 504/15

another [13] 419/23 429/10 460/11 485/9 485/19 504/14 512/23

 514/22 516/9 523/11 526/17 538/16 546/2

answer [53] 411/8 413/1 413/10 413/22 414/1 414/14 414/15

 423/22 424/4 424/10 424/20 424/23 425/6 429/22 437/17

 437/25 448/9 449/4 451/12 460/24 501/20 517/19 519/5 519/7

 521/18 528/4 529/20 529/20 534/5 539/9 544/16 544/21 545/8

 545/13 546/17 546/22 547/20 552/2 552/20 556/2 557/12

 557/23 559/11 560/21 561/17 562/6 562/12 563/9 565/2 565/3

 565/17 565/19 566/1

answered [9] 460/21 460/22 500/20 522/23 539/24 540/1

 540/19 552/25 553/2

answering [32] 494/8 494/11 494/13 494/18 494/21 494/24

 495/6 495/9 495/10 500/20 501/6 520/22 521/22 521/24 522/10

 525/10 525/12 526/7 526/14 538/19 538/21 538/23 539/5 539/8

 539/10 539/13 539/18 539/24 540/1 540/5 540/9 552/1

answers [7] 463/1 463/8 524/19 545/25 564/25 565/10 565/11

anticipate [1] 569/17

Antioxidant [1] 480/1

any [131] 406/21 406/24 407/9 413/7 415/6 419/7 421/2 421/18

 422/15 425/23 425/25 426/14 433/15 433/21 434/23 437/13

 437/21 446/14 450/20 451/5 451/19 452/1 453/14 454/7 456/5

 458/2 458/10 458/20 459/1 459/2 460/3 460/14 461/4 461/16

 461/20 461/20 461/23 462/20 463/7 463/8 463/19 463/22

 463/25 464/6 464/8 464/11 464/11 464/14 464/17 464/23

 464/24 465/2 466/8 466/11 466/12 466/14 466/16 467/22

 468/22 469/22 470/1 470/6 470/12 471/3 471/10 472/17 473/17

 479/10 479/21 481/12 486/11 489/5 489/7 489/20 494/15 498/5

 499/17 499/23 506/3 506/10 506/11 506/24 512/15 514/8

 515/25 516/7 517/23 523/16 525/20 527/15 528/20 529/9 535/2

 535/2 535/8 535/22 536/20 539/19 543/16 543/17 543/20 548/7

 549/14 549/18 549/19 549/22 549/24 550/3 550/11 550/12

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 172 of 200
A

any... [21] 550/14 550/15 550/17 551/3 551/4 551/16 551/16

 551/23 552/2 552/6 552/6 553/14 561/1 561/2 561/24 563/25

 564/5 564/6 564/6 567/20 570/1

anybody [7] 422/20 423/6 454/21 498/4 516/7 523/14 550/8

anymore [4] 507/10 527/11 528/11 528/12

anyone [12] 435/15 435/18 471/2 487/22 532/5 533/2 533/4

 549/18 549/18 552/3 553/15 568/7

anything [30] 409/24 411/14 453/22 454/1 458/3 458/15 460/4

 462/10 464/8 476/2 492/19 516/25 517/9 520/18 520/19 534/15

 534/16 539/25 549/19 550/4 550/12 550/21 551/23 553/12

 553/14 553/17 554/24 560/24 561/2 561/24

Apodaca [4] 404/22 454/20 571/11 571/12

apologize [2] 485/5 521/8

apparently [1] 523/24

appear [3] 418/21 441/11 485/14

APPEARANCES [1] 404/1

appeared [4] 444/15 452/8 452/10 452/12

appears [3] 441/13 442/2 443/10

applicable [1] 552/12

application [4] 495/23 496/10 541/8 549/23

applications [5] 440/4 496/3 496/7 496/13 497/12

applies [3] 457/24 499/11 549/25

apply [7] 458/5 458/7 467/18 467/22 499/12 513/5 515/3

appreciate [2] 507/12 567/7

appreciates [1] 507/12

approach [4] 426/20 440/23 451/18 476/19

approached [1] 550/3

appropriate [3] 474/6 568/10 568/20

approved [1] 554/22

approximately [7] 449/11 449/12 450/4 526/25 534/20 542/4

 547/2

April [25] 403/6 406/1 414/9 433/11 480/22 481/2 486/18

 491/11 491/19 491/20 502/22 503/9 503/16 504/3 504/4 504/9

 504/9 504/14 504/16 504/18 504/18 525/3 526/3 526/3 566/8

April 10th [2] 491/20 504/9

April 1st [2] 491/19 504/9

April 27th and [1] 504/18

April 28th [2] 504/14 504/18

April 2nd [3] 503/9 503/16 526/3

April 2nd and [1] 504/3

April 4th [1] 414/9

April 6th [1] 433/11

April 8th [1] 504/4

April of [1] 504/16

archive [1] 543/17

archived [1] 543/13

are [233] 

area [7] 431/17 431/21 432/22 437/10 437/12 437/13 437/14

aren't [5] 431/7 431/9 447/15 498/5 513/6

argue [2] 556/16 557/1

argued [1] 556/12

arguing [1] 513/19

argument [13] 405/9 405/10 405/11 411/11 454/25 470/19

 470/22 474/8 476/18 476/25 487/6 507/17 530/9

arguments [5] 459/10 459/13 470/15 470/17 530/3

arithmetically [1] 417/18

around [6] 434/19 435/11 449/12 449/17 506/23 519/18

articulated [2] 474/10 475/25

artificial [47] 414/8 414/13 414/22 415/19 416/1 417/4 417/6

 422/13 427/19 465/5 465/18 466/7 466/25 467/11 469/1 469/2

 469/4 469/5 469/7 469/8 469/10 469/16 469/20 469/24 472/6

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 483/25 488/15 499/21 500/7 501/14 502/4 503/4 509/6 533/13

 534/1 536/8 544/2 544/19 545/2

artificially [1] 427/12

as [161] 407/20 407/22 410/7 410/20 413/13 414/21 415/25

 418/9 418/17 422/2 422/8 422/19 424/2 425/10 425/14 425/16

 425/25 426/23 427/24 429/5 429/13 431/15 432/9 435/16

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 471/13 471/24 473/12 474/9 474/14 474/17 474/25 475/3

 475/11 475/15 477/7 480/17 480/24 482/14 482/19 486/11

 488/4 488/13 488/25 490/2 493/20 495/9 496/16 496/20 497/21

 498/23 499/2 499/3 500/5 502/13 503/9 504/21 505/7 505/9

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 512/6 514/24 516/19 516/19 516/24 517/1 517/8 517/18 520/3

 520/22 522/6 522/15 522/16 523/3 525/7 525/7 526/8 526/9

 527/5 527/6 527/11 527/12 527/17 527/19 527/24 528/4 528/19

 529/5 539/5 539/9 544/23 544/25 545/13 545/24 548/21 548/22

 550/13 550/19 550/22 550/23 553/17 554/1 554/1 555/21

 555/24 558/14 558/14 558/25 560/3 563/10 564/16 565/4 565/5

 565/15 565/16 567/9 568/10 569/2 569/4 569/14

aside [7] 456/12 456/15 457/1 534/15 534/17 535/13 544/12

ask [25] 410/14 411/25 417/22 430/5 442/20 452/24 457/2

 462/25 496/5 496/13 507/25 512/17 529/18 541/9 541/19

 553/11 557/8 560/25 561/13 563/8 563/25 564/7 564/24 565/5

 565/7

asked [37] 424/1 430/25 434/20 447/5 447/25 448/7 448/17

 448/19 449/1 449/2 449/2 451/2 452/7 470/2 486/14 487/21

 492/7 496/1 496/14 496/19 497/25 500/5 505/16 505/17 506/9

 511/7 511/7 524/19 525/5 531/12 541/10 541/14 541/15 541/17

 541/23 546/9 550/3

asking [17] 429/16 429/17 431/20 434/23 434/23 443/3 443/24

 448/4 448/23 449/10 493/16 496/24 523/10 527/5 540/19 559/9

 561/14

asks [3] 410/15 460/17 533/23

aspect [1] 464/11

ASR [3] 503/14 503/15 504/14

assert [1] 473/15

asserted [1] 474/8

asserting [1] 466/2

assertion [1] 525/9

assertions [1] 512/8

asserts [3] 465/9 473/14 528/18

assigned [3] 440/12 510/11 519/5

associated [35] 419/16 420/25 421/13 426/2 430/11 431/17

 431/21 433/14 433/22 434/10 435/4 435/23 436/4 436/8 436/15

 438/6 439/10 439/14 439/19 440/8 441/16 443/9 443/12 443/15

 443/20 448/13 449/9 498/8 498/14 499/1 499/1 500/13 502/2

 506/25 507/1

assume [9] 425/12 439/23 487/22 512/17 512/25 526/14 557/25

 558/12 562/3

assumed [2] 444/16 515/7

assuming [2] 557/5 561/9

assumption [3] 487/24 517/17 532/7

assumptions [2] 508/16 515/5

assuring [1] 464/5

at least [1] 562/11

attach [1] 498/2

attached [1] 517/1

attempt [3] 464/18 549/4 551/21

attempted [1] 432/8

attempting [1] 464/1

attempts [4] 500/14 501/17 543/13 545/4

attention [4] 507/11 548/14 553/15 567/13

attorney [2] 507/16 530/2

Attorneys [1] 459/18

audio [7] 479/20 484/4 484/5 512/11 512/12 514/5 514/15

audit [1] 536/10

August [2] 515/18 525/4

August 2015 [1] 515/18

authorizes [2] 469/19 499/20

automated [1] 532/9

automatic [1] 497/17

available [2] 463/12 523/17

Avaya [6] 446/6 446/8 446/15 520/1 520/23 521/9

Avenue [3] 404/11 404/17 404/23

average [1] 537/10

avoid [1] 465/25

aware [1] 407/9

away [2] 514/23 550/22

AZ [1] 404/11

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 173 of 200
B

B5 [3] 555/23 556/4 561/7

back [71] 408/3 411/18 429/2 450/15 454/24 470/16 476/16

 478/25 481/11 481/15 482/24 482/25 483/1 483/3 484/6 484/7

 484/9 484/14 484/15 485/1 485/10 485/20 486/10 493/16

 493/18 494/12 494/14 494/14 499/11 514/6 516/22 518/2

 519/19 519/21 520/23 521/16 523/6 523/9 523/11 523/11

 523/15 524/2 525/3 527/6 527/12 529/17 530/23 535/20 536/10

 537/7 537/23 539/15 540/16 547/4 554/1 554/11 554/13 554/20

 555/1 555/4 557/15 563/6 563/13 564/8 564/9 567/14 567/15

 567/17 567/23 569/10 569/19

bad [1] 519/17

balance [1] 417/18

base [2] 458/23 549/12

based [19] 419/20 424/6 424/11 424/24 429/15 434/20 437/15

 441/17 442/5 445/9 449/24 468/4 470/9 476/5 477/7 497/12

 509/1 521/17 551/9

basic [1] 509/2

basically [13] 411/25 412/23 413/19 424/9 425/9 429/24 433/23

 437/25 438/21 439/4 450/16 493/18 518/18

basis [4] 410/8 474/19 475/22 485/13

be [155] 407/4 407/15 407/19 408/2 409/3 409/4 410/7 410/19

 410/23 411/11 412/7 416/3 417/6 418/21 420/2 422/6 422/20

 423/7 426/3 426/10 430/11 430/16 431/3 433/1 433/21 436/15

 437/24 437/25 438/2 439/9 440/1 440/2 441/11 441/13 443/10

 443/22 443/25 445/6 445/11 447/6 447/20 450/2 451/11 456/9

 457/4 457/4 458/9 458/17 458/21 459/20 459/24 459/25 460/7

 460/13 460/16 460/21 460/22 460/23 461/1 463/10 463/11

 463/12 463/17 466/18 469/2 470/2 470/5 470/21 470/25 473/14

 474/6 479/6 483/20 484/17 487/12 487/24 489/2 489/5 492/9

 492/17 492/18 494/11 496/16 496/21 500/2 500/5 501/3 505/1

 507/9 508/8 508/10 513/3 513/5 513/5 515/16 516/13 517/14

 518/24 518/25 520/5 520/8 520/8 521/8 521/23 523/8 523/11

 523/12 524/5 525/13 526/12 527/13 527/23 527/24 528/22

 529/16 537/7 539/13 539/21 540/4 540/4 544/17 545/10 545/17

 546/6 546/9 547/25 547/25 548/16 548/18 548/25 549/6 549/14

 551/5 552/25 554/2 554/3 554/4 554/12 554/19 557/7 558/18

 559/25 560/10 560/17 560/23 562/8 562/19 564/14 568/14

 568/23 569/5 569/9 569/12 569/14 570/12

bear [1] 461/23

because [65] 428/10 430/14 432/11 438/1 438/16 442/9 444/1

 457/3 462/6 470/19 475/3 478/11 478/23 490/13 493/5 494/4

 500/2 501/11 501/19 502/10 508/3 508/19 509/18 511/22 512/4

 513/18 514/10 515/2 515/22 516/11 517/22 518/10 518/12

 519/22 521/1 522/25 523/19 523/20 523/22 524/8 527/4 527/14

 527/21 528/16 529/2 529/7 529/12 529/14 531/1 531/5 532/23

 535/17 537/1 543/1 543/6 543/22 543/23 544/6 545/21 545/22

 546/17 549/9 549/12 565/4 565/8

Becky [3] 556/6 560/19 561/8

become [2] 481/16 530/23

becomes [1] 551/18

been [59] 407/17 409/25 417/16 421/14 423/15 426/23 426/25

 427/1 432/19 434/22 452/3 457/11 459/22 459/23 460/25 461/5

 462/22 463/3 463/6 466/16 471/1 471/9 481/3 485/15 487/11

 487/16 487/18 488/2 490/9 496/8 498/15 511/21 514/17 515/14

 516/12 517/15 518/22 521/10 526/9 526/14 526/19 527/11

 529/10 531/13 531/19 531/21 532/11 532/22 535/5 536/19

 540/5 545/14 550/5 550/19 551/7 552/5 552/11 554/18 567/12

before [22] 403/13 407/25 411/18 420/2 427/6 429/3 438/19

 451/11 458/12 462/18 462/24 484/18 485/3 503/10 524/22

 525/19 525/22 527/18 540/10 548/20 552/1 553/11

began [1] 490/20

begin [3] 501/3 530/8 548/20

beginning [9] 458/4 477/2 483/23 491/25 508/5 513/9 516/24

 546/23 567/10

begins [2] 469/9 469/9

begun [1] 501/2

behalf [6] 422/12 465/11 465/24 466/6 532/18 548/12

behavior [1] 463/7

being [13] 407/16 463/10 465/8 469/17 473/13 482/14 514/19

 528/11 541/14 541/15 562/13 565/14 568/7

belabor [1] 493/21

belief [1] 549/10

believability [1] 461/24

believable [2] 462/16 519/8

believe [30] 428/2 431/15 435/10 438/10 442/1 444/10 445/21

 445/24 446/5 447/25 448/2 448/16 448/19 459/19 461/11

 461/12 461/12 462/10 488/2 492/10 511/18 512/12 516/4

 521/12 523/1 525/16 532/22 555/7 559/12 562/20

believed [1] 524/15

belonging [1] 534/2

below [1] 571/6

Berger [1] 529/10

Besides [1] 433/14

best [6] 436/22 436/24 522/13 547/24 548/6 563/9

bet [1] 529/15

better [8] 495/2 521/6 524/23 524/24 548/7 556/3 559/5 559/7

between [10] 410/8 418/14 420/18 460/12 504/18 525/8 528/2

 528/5 546/22 563/21

beyond [1] 517/9

bias [1] 461/20

big [8] 411/3 452/18 482/5 486/25 491/14 498/9 504/7 520/2

bind [1] 441/22

binding [1] 466/18

bit [9] 517/3 548/16 558/24 559/16 559/18 560/1 562/23 562/24

 563/19

bite [2] 519/14 519/17

black [1] 480/5

blank [5] 541/12 541/18 556/8 559/10 561/10

Blast [2] 484/22 503/22

Blast-JEwing [1] 484/22

blended [1] 479/25

blog [1] 549/22

Bob [3] 445/15 445/17 518/16

Bob's [1] 445/15

Body [1] 512/23

BOGO [1] 516/21

book [6] 442/13 443/2 443/4 443/5 491/14 498/9

booklet [1] 442/21

books [1] 452/18

borders [2] 424/7 424/12

both [18] 419/10 434/22 444/21 460/11 467/18 470/11 474/7

 478/7 503/12 504/23 513/21 527/4 538/12 554/15 559/6 568/19

 569/16 569/16

bottom [11] 408/17 414/3 415/2 415/17 416/20 420/24 421/22

 428/24 429/4 521/13 521/15

Boulevard [2] 404/5 404/14

box [1] 449/18

Brackett [1] 540/8

Brady [2] 404/10 404/13

brand [2] 479/22 481/8

brand-new [2] 479/22 481/8

break [2] 454/21 456/10

brief [2] 417/9 474/7

briefed [1] 474/8

briefing [5] 568/24 568/25 569/13 569/14 569/17

briefings [1] 411/10

briefly [1] 430/7

bring [9] 493/18 506/6 511/25 518/11 519/10 521/4 537/24

 560/10 560/15

bringing [2] 411/18 526/12

broke [2] 428/23 525/18

broken [3] 420/5 420/17 420/17

brought [9] 422/24 461/6 489/12 509/21 511/3 511/14 512/1

 512/18 540/3

bucks [1] 528/9

bunch [1] 509/24

burden [12] 458/20 470/11 470/20 508/18 508/18 510/16

 516/14 524/6 528/15 528/16 529/13 529/19

Bureau [2] 495/2 521/6

business [54] 420/25 421/2 421/13 436/8 436/19 436/19

 436/21 438/4 438/13 438/21 438/23 444/25 467/19 467/23

 467/23 468/3 468/7 468/10 468/12 468/15 468/15 471/22 472/2

 495/2 497/16 497/19 497/21 497/24 498/1 498/4 498/8 498/15

 498/19 498/21 498/21 499/1 499/5 505/7 505/12 505/15 505/22

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 174 of 200
B

business... [13] 506/8 506/15 506/16 506/20 509/8 521/6

 527/22 528/2 528/4 541/15 541/19 544/16 570/12

businesses [19] 418/13 421/3 421/4 435/23 436/5 436/16

 436/22 438/6 438/18 439/2 439/5 439/8 439/10 451/18 451/19

 452/2 498/6 498/24 542/2

busy [9] 490/17 490/19 500/21 500/25 501/1 501/4 501/24

 545/8 545/25

button [1] 474/13

buy [5] 455/15 480/12 480/20 483/3 486/10

bye [1] 567/16

Byron [2] 503/25 527/8

C

CA [2] 404/5 404/8

caffeine [1] 480/2

call [185] 

Call's [2] 516/25 517/7

call-back [10] 484/6 484/7 484/9 484/14 485/1 485/10 485/20

 494/12 536/10 539/15

called [42] 428/8 428/22 429/3 432/25 437/16 442/10 445/13

 445/17 446/2 455/24 459/3 465/8 465/19 469/18 472/1 473/3

 473/4 479/23 484/3 491/2 491/17 491/17 491/20 492/10 494/22

 495/24 496/9 503/12 503/13 503/13 503/17 504/15 510/12

 511/24 520/11 524/11 527/13 529/13 532/10 536/17 540/15

 540/24

caller [2] 469/19 499/20

calling [5] 483/9 491/6 494/14 527/12 538/17

calls [215] 

calories [1] 480/5

came [4] 516/5 517/12 525/4 541/8

campaign [59] 418/15 418/15 419/4 419/8 482/24 482/24

 483/18 483/18 483/19 483/22 484/2 484/8 488/8 488/11 488/17

 489/15 491/2 491/8 491/9 491/16 491/18 491/18 495/9 503/12

 503/13 503/14 503/15 503/17 503/17 504/1 504/5 504/6 504/6

 504/8 504/14 504/15 504/16 504/22 515/9 515/13 515/17

 516/19 521/3 521/17 522/7 525/2 530/17 534/15 535/3 535/4

 535/6 535/17 535/18 536/12 540/16 542/21 543/1 543/11

 543/15

campaigns [48] 418/24 418/25 419/2 419/3 419/6 419/7 419/15

 419/16 419/18 419/19 419/19 419/19 420/6 420/22 482/18

 482/19 482/21 482/21 482/23 483/7 483/8 483/8 488/8 488/11

 488/17 491/4 491/6 492/18 515/15 515/25 516/21 516/21

 516/22 525/3 530/15 534/14 534/14 534/18 534/19 534/21

 535/1 535/10 538/16 540/22 540/24 542/14 543/12 544/7

can [82] 407/22 411/10 412/21 414/10 416/12 418/7 419/22

 423/3 423/25 431/11 433/19 440/22 442/20 443/12 445/6 447/8

 447/19 448/10 449/5 449/17 449/20 452/25 457/5 460/16

 479/19 481/14 481/16 484/12 494/17 497/4 497/9 497/13

 501/18 501/21 501/22 502/1 503/4 506/14 515/2 515/3 517/18

 517/20 518/24 519/5 520/5 520/8 521/14 521/23 525/2 526/14

 527/2 527/3 528/22 530/19 530/22 538/7 540/15 542/1 545/10

 546/21 547/24 548/25 549/5 550/8 556/25 557/1 557/11 557/23

 558/1 559/12 559/19 559/20 559/21 559/22 559/23 560/25

 561/1 562/9 562/21 569/11 569/16 569/23

can't [60] 411/8 425/16 433/18 433/20 435/10 437/12 440/18

 442/7 445/6 449/15 497/2 509/17 509/18 510/15 511/8 512/4

 513/3 513/4 513/5 516/13 518/5 518/7 521/1 521/1 521/7

 523/22 523/23 523/25 525/19 525/19 527/23 529/5 547/10

 547/23 548/7 557/4 557/23 557/23 558/22 558/22 559/1 559/8

 559/9 559/11 559/14 559/24 559/24 559/25 562/9 562/13

 562/13 562/14 562/20 562/21 563/17 563/18 563/20 569/18

 569/20 569/24

Canada [10] 424/7 424/8 424/12 424/13 424/13 424/18 425/23

 426/2 433/2 433/5

Canadian [24] 423/14 425/8 425/23 431/17 431/21 432/3

 432/15 432/21 433/4 433/8 433/14 434/13 444/25 447/7 447/21

 448/13 448/21 449/9 501/10 501/13 502/2 518/21 545/11

 545/15

Canadians [2] 433/1 433/7

candidate [1] 511/19

cannot [6] 460/22 460/23 517/17 566/2 566/5 566/7

capable [1] 463/10

card [9] 515/23 516/1 516/22 517/9 534/15 535/7 536/25 537/1

 537/15

cards [1] 505/22

Carr [2] 510/5 510/7

case [60] 408/1 420/20 454/19 455/22 456/4 457/24 458/7

 458/12 460/6 461/3 461/10 461/20 464/11 464/13 465/21 466/4

 466/15 466/17 470/25 471/2 471/8 474/2 477/2 482/2 482/10

 482/15 489/25 490/3 490/4 490/6 495/14 499/6 508/4 512/10

 516/14 516/16 516/20 520/8 520/24 521/11 523/25 525/11

 526/12 526/21 549/1 549/13 549/15 549/16 549/19 549/20

 550/4 550/7 550/12 550/15 550/17 550/22 550/25 551/9 551/24

 559/19

Cast [2] 494/1 543/21

Casting [18] 484/3 484/3 484/5 484/11 484/24 485/9 485/19

 485/24 504/22 516/16 516/17 516/18 516/23 516/25 517/5

 517/6 517/8 536/9

catch [1] 440/5

categorize [1] 439/24

caught [1] 409/4

cause [1] 571/8

CCA [2] 521/17 521/24

cell [7] 423/14 435/16 471/19 546/25 547/5 554/10 554/12

cellular [16] 410/15 465/4 465/15 467/14 467/18 468/1 469/15

 470/1 473/17 477/25 495/19 544/20 552/24 553/4 555/23 556/1

Central [1] 404/11

certain [11] 427/9 428/9 429/12 439/6 455/24 459/7 461/5

 462/20 484/15 490/15 517/13

certainly [5] 501/14 502/4 520/20 535/11 546/7

certified [2] 473/15 571/10

certify [2] 474/4 571/6

cetera [3] 448/21 555/25 555/25

challenge [3] 481/4 481/11 483/3

chance [5] 481/6 506/5 507/8 528/25 544/11

change [5] 441/7 447/9 481/11 549/7 549/9

changed [1] 524/20

changes [4] 406/6 408/21 408/23 409/2

Chapter [3] 520/12 521/12 521/12

characterization [2] 413/12 429/6

characters [1] 438/25

charts [7] 406/21 406/21 406/22 406/22 406/23 406/24 407/9

chat [1] 549/22

check [6] 430/23 456/3 533/21 554/15 554/16 554/21

checked [2] 496/25 544/24

checker [1] 433/23

checks [1] 555/1

cherrypicked [1] 514/15

choice [2] 550/9 568/12

choices [2] 559/21 560/4

choose [1] 462/10

chose [1] 541/17

circumstantial [3] 460/7 460/10 460/13

city [1] 425/23

claim [33] 458/20 458/22 465/10 465/10 465/21 466/2 466/19

 466/20 467/5 467/6 470/7 470/8 474/18 475/5 475/12 477/14

 499/6 502/13 502/14 508/9 508/23 515/5 516/10 523/24 524/6

 526/18 528/14 528/22 544/18 552/18 552/22 565/16 565/19

claimed [1] 526/8

claims [5] 465/25 476/7 515/20 527/20 538/3

clarification [1] 556/11

clarity [1] 557/14

class [113] 408/19 421/25 422/1 422/1 422/3 422/20 422/25

 423/7 423/10 423/11 423/13 423/15 424/17 425/20 430/8 430/9

 430/12 430/16 430/19 430/21 430/24 431/3 431/10 431/13

 433/1 442/3 465/11 465/16 465/21 465/22 466/3 466/4 466/11

 466/12 466/14 466/16 466/18 467/5 467/5 467/6 467/9 467/13

 467/15 469/22 470/1 470/8 470/8 471/16 472/3 472/7 472/8

 472/13 472/20 472/24 473/1 473/14 473/16 475/5 475/7 475/10

 475/12 475/17 477/11 477/13 477/13 477/14 477/21 477/24

 478/1 486/15 490/7 495/18 495/20 499/6 500/1 502/11 502/13

 508/2 508/4 508/9 508/13 508/23 509/1 511/14 511/24 512/15

 512/18 513/1 513/6 515/4 516/10 522/11 524/1 524/6 528/14

 528/22 532/13 533/23 534/2 537/25 538/3 538/7 538/14 544/18

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 175 of 200
C

class... [9] 544/25 545/16 545/17 546/11 547/14 548/13 552/22

 555/24 565/18

clean [1] 429/20

clear [2] 416/3 540/14

clearer [1] 418/7

clearly [5] 469/19 499/19 519/16 520/8 520/23

clerk [1] 553/24

client [15] 486/18 488/4 507/12 508/19 508/19 511/12 524/8

 524/11 526/11 528/16 530/10 530/10 532/14 533/8 548/12

clients [2] 459/18 548/13

clip [3] 484/5 512/25 536/10

clips [11] 508/8 512/11 512/12 512/22 512/25 513/3 513/3

 513/6 513/8 514/5 514/15

clock [1] 476/10

close [5] 432/16 471/11 492/20 496/11 557/2

closely [2] 512/9 528/6

closer [3] 407/8 517/3 524/23

closing [17] 405/9 405/10 407/6 407/13 454/25 459/13 470/14

 470/17 470/18 470/22 476/18 476/24 487/6 507/17 516/3 530/3

 530/9

Coast [1] 514/19

code [28] 413/5 413/20 414/1 415/7 415/16 416/10 417/1 420/3

 427/9 428/11 428/16 431/21 437/11 437/13 437/17 446/9

 446/11 446/16 451/13 465/1 501/1 517/14 518/4 518/5 520/22

 539/9 540/6 545/7

codes [43] 414/12 415/9 415/24 416/5 416/18 416/19 417/6

 418/21 419/5 421/19 425/25 426/15 427/11 427/15 427/20

 428/3 428/19 428/22 429/10 431/17 437/12 437/14 446/10

 446/15 449/8 490/16 500/10 500/12 500/22 500/23 502/9

 509/25 519/24 519/25 520/10 520/11 520/11 520/14 534/4

 539/2 543/2 543/6 543/8

coin [1] 511/8

cold [1] 554/4

colleague [1] 519/3

collect [1] 452/25

collected [1] 495/24

collection [1] 554/23

collections [1] 531/16

column [18] 412/21 412/23 413/3 413/4 413/17 414/18 418/16

 418/20 419/2 419/3 419/6 419/9 419/10 420/8 434/9 438/16

 438/20 509/15

columns [4] 412/20 418/14 418/24 520/15

combined [1] 410/23

combines [3] 410/8 410/17 552/23

combining [1] 556/15

come [37] 411/18 450/9 452/19 452/20 454/24 470/16 481/15

 482/25 483/1 486/6 486/10 486/16 493/16 511/24 514/18

 514/20 516/22 523/5 523/9 523/14 523/19 527/6 529/2 530/22

 533/4 541/8 544/22 546/21 549/8 554/19 556/5 557/4 558/11

 561/7 563/5 563/13 568/20

comes [5] 444/4 444/5 518/2 523/25 554/11

comfortable [4] 443/19 443/22 443/25 444/2

coming [2] 406/21 522/9

comma [2] 406/11 408/10

commentary [1] 550/11

comments [2] 453/15 529/5

common [11] 438/13 497/4 497/10 497/13 536/21 539/14

 546/11 546/17 546/21 547/1 547/7

communicate [5] 549/17 549/18 551/19 551/22 551/23

communicating [1] 549/25

communication [1] 551/5

communications [2] 495/4 502/18

community [1] 567/11

companies [1] 498/12

company [5] 498/2 498/3 502/18 541/25 542/2

complaining [1] 522/14

completed [3] 543/3 543/4 543/13

completes [1] 548/11

completion [5] 500/12 520/11 543/2 543/6 543/7

complex [2] 520/4 521/9

compliance [3] 521/19 522/2 522/4

composed [1] 466/4

computation [1] 436/7

computer [13] 443/22 463/12 463/14 463/16 463/22 464/12

 464/14 464/16 464/18 464/20 464/23 554/24 569/10

concede [1] 427/14

conceded [1] 518/23

concedes [1] 518/22

concept [2] 557/16 558/3

concepts [1] 556/15

concern [3] 466/13 558/9 558/19

concerning [1] 551/23

concession [1] 529/7

conclude [6] 474/19 475/4 497/10 497/13 507/10 529/15

concluded [1] 449/24

concur [2] 560/9 560/9

confer [2] 568/19 569/8

confident [2] 556/24 559/19

confidential [3] 457/15 457/16 457/17

confidently [1] 558/17

confirm [1] 527/12

confirmed [1] 495/8

conformed [1] 571/9

confronted [1] 519/3

connect [34] 477/6 488/12 488/16 488/24 488/25 488/25 489/3

 489/4 489/6 489/10 489/10 489/15 489/19 489/19 490/13

 490/22 490/25 492/15 492/15 493/13 520/6 522/19 522/23

 522/24 528/18 535/23 535/24 536/4 537/20 540/13 541/1 541/2

 543/18 543/20

connect/no [1] 490/22

connected [10] 483/21 484/17 489/15 508/2 527/8 534/8

 534/11 537/7 540/15 545/8

connections [1] 540/23

connective [4] 508/10 512/9 516/9 518/12

connects [1] 512/3

conscientious [2] 462/19 549/6

conscientiousness [1] 567/8

consent [20] 408/13 408/15 409/9 409/13 422/15 465/8 465/19

 466/9 469/13 469/17 469/18 469/22 499/12 499/13 499/13

 499/17 499/19 499/22 500/4 533/1

consequences [1] 557/2

conservative [3] 545/10 545/17 546/6

consider [17] 436/8 458/25 459/5 459/8 460/1 460/3 460/11

 461/3 462/5 463/4 468/8 468/11 468/23 479/12 505/6 505/10

 506/14

consideration [1] 462/19

considered [2] 459/24 549/2

considering [1] 461/15

consistent [4] 462/1 521/21 523/3 533/20

consistently [2] 411/2 411/5

consists [1] 459/1

constitute [1] 472/23

constituted [1] 472/20

construction [1] 438/10

construe [1] 517/21

construes [1] 517/25

consult [2] 458/1 551/25

consultants [1] 438/10

consulting [1] 550/13

Consumer [1] 464/25

contact [52] 413/23 416/4 419/4 419/7 429/25 432/14 452/11

 482/3 482/3 482/3 482/5 482/9 482/10 482/12 482/14 482/17

 482/22 483/14 489/23 489/24 489/24 490/1 490/8 490/10

 490/12 490/21 491/9 491/13 491/13 491/15 491/15 491/17

 491/23 492/23 493/4 493/9 501/9 503/22 503/22 503/23 504/7

 504/11 504/15 504/19 515/21 522/1 533/7 536/6 536/17 541/7

 550/6 568/8

contacts [5] 498/9 543/3 543/4 543/4 570/12

contain [3] 414/19 414/23 415/6

contained [2] 413/25 414/20

contend [3] 469/21 499/22 533/1

contending [1] 510/12

content [1] 514/4

continue [4] 411/22 412/11 514/2 552/2

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 176 of 200
C

continuing [1] 412/9

contractor [1] 523/12

contradicted [1] 461/21

contrary [2] 544/15 546/7

control [2] 458/5 460/16

controls [3] 459/16 487/7 513/24

convinced [1] 558/20

cool [1] 480/6

copies [4] 407/17 456/1 555/19 567/5

copy [6] 408/3 455/20 457/24 463/18 464/24 471/5

corner [3] 429/4 442/14 442/22

Cornett [9] 555/18 556/4 556/6 560/20 561/6 561/8 561/13

 564/18 566/9

corporation [1] 462/18

corporations [1] 498/12

correct [57] 412/19 414/16 417/2 417/7 417/16 418/22 418/23

 419/14 419/17 420/7 420/9 420/19 420/23 421/17 422/17

 422/18 425/15 426/16 426/17 427/25 428/1 428/3 428/4 428/12

 428/13 428/20 429/2 429/6 429/8 430/12 430/13 430/16 430/21

 431/13 431/14 432/1 432/2 432/16 433/5 433/13 434/5 435/5

 436/5 437/2 437/8 437/11 442/3 442/4 444/4 444/22 445/14

 446/6 446/7 446/17 493/8 556/22 571/7

correctly [2] 420/20 434/3

corroborating [4] 512/2 512/2 523/18 528/20

could [62] 414/8 415/2 415/19 416/1 417/5 417/7 417/12

 417/16 421/6 430/11 432/19 434/22 436/23 437/24 443/13

 447/5 448/21 449/14 449/19 460/11 474/19 475/4 476/6 476/19

 489/12 490/12 490/15 490/17 492/14 500/22 500/24 501/1

 501/23 510/20 511/2 511/12 511/13 511/19 511/23 511/23

 512/1 512/18 516/8 517/13 518/8 521/13 522/12 522/14 527/11

 533/18 537/10 537/14 539/4 540/10 543/17 551/14 555/1

 556/12 556/24 557/5 557/6 567/9

couldn't [13] 430/25 437/20 439/6 441/22 443/16 501/5 507/13

 508/20 518/10 518/11 523/17 526/22 556/23

counsel [24] 447/25 452/25 456/3 476/17 476/24 513/19 519/9

 529/10 540/12 542/17 542/25 553/12 554/9 554/25 555/2 555/9

 556/12 556/17 556/22 563/25 564/3 567/4 567/5 567/6

counsel's [2] 447/19 554/21

count [30] 415/16 419/15 432/15 434/25 435/10 437/7 438/2

 449/24 450/21 465/10 465/12 465/21 466/19 466/20 467/5

 467/5 467/6 470/7 470/8 470/11 470/11 474/18 497/2 509/10

 542/3 552/6 552/17 552/22 565/16 565/18

Count 1 [8] 465/10 466/19 466/20 470/7 470/11 474/18 552/17

 565/16

counted [7] 420/11 420/15 426/1 434/13 434/18 436/1 534/20

counting [3] 432/13 444/17 498/5

countries [5] 433/15 433/17 433/22 433/25 434/21

counts [7] 421/19 432/1 439/3 439/9 444/21 445/1 564/6

couple [9] 418/6 496/4 512/18 512/22 513/2 521/6 533/18

 537/23 556/15

couple-page [1] 521/6

course [10] 407/12 410/2 459/6 476/1 494/19 504/9 513/1

 530/6 537/12 549/5

court [44] 403/1 403/14 404/22 406/3 412/6 455/15 460/5 463/5

 463/13 464/3 464/6 464/8 464/21 471/7 476/15 476/22 479/20

 484/23 485/2 485/8 485/18 485/23 486/3 486/20 489/12 493/25

 547/4 548/23 550/6 551/1 551/1 551/10 551/17 551/24 552/6

 554/8 555/15 555/21 555/22 560/16 564/13 568/16 570/16

 571/12

Court's [2] 459/20 570/9

Courthouse [1] 404/22

courtroom [14] 454/10 463/13 463/20 463/20 463/23 464/4

 551/4 551/19 552/15 552/16 553/11 554/13 564/22 564/25

crash [1] 479/24

create [3] 441/12 444/6 445/10

created [4] 487/12 531/14 531/15 531/17

creating [6] 422/25 433/9 437/3 437/7 444/8 539/20

credible [4] 524/16 525/16 526/16 527/1

credit [9] 515/23 516/1 516/22 517/9 534/15 535/7 536/25

 537/1 537/15

cross [7] 405/3 423/2 426/6 426/8 499/25 501/8 506/5

cross-examination [5] 423/2 426/6 426/8 499/25 501/8

cross-examine [1] 506/5

CRR [2] 404/22 571/12

culled [1] 498/14

culling [1] 422/5

current [2] 422/15 466/8

currently [3] 408/14 408/18 409/7

customer [4] 479/17 488/12 496/13 496/15

customer/promoter [1] 488/12

customers [7] 482/25 483/20 496/11 496/23 498/1 531/16

 536/8

customizable [1] 520/4

cv [1] 403/5

D

daily [1] 480/1

dairy [1] 480/4

dairy-free [1] 480/4

damages [1] 410/10

Dana [1] 538/15

data [18] 435/3 437/1 441/11 444/4 444/5 444/6 464/23 464/24

 498/3 502/10 543/13 543/14 543/17 543/20 545/5 545/23

 546/18 546/19

database [11] 428/18 440/14 441/2 441/16 442/2 442/6 444/15

 445/10 445/19 445/24 464/17

databases [2] 441/12 497/1

date [9] 491/9 491/10 503/21 511/16 515/18 516/5 552/14

 553/10 571/12

dated [1] 566/8

Davis [38] 405/4 411/18 411/20 411/24 412/9 412/16 426/10

 426/23 427/6 427/23 429/9 430/7 435/2 439/13 441/2 441/11

 441/14 441/19 443/2 443/11 443/18 447/3 452/16 482/2 482/22

 497/22 498/6 498/13 500/7 501/8 501/16 510/3 511/18 518/4

 518/19 519/20 520/16 544/22

Davis' [2] 518/20 545/13

day [8] 492/1 492/3 492/15 492/20 537/13 537/14 537/18 566/8

daycare [7] 505/18 505/22 506/2 506/11 506/20 506/25 507/1

Daycare' [1] 505/25

days [7] 491/19 491/21 492/16 493/9 494/19 504/9 567/12

de [2] 473/15 474/4

de-certified [1] 473/15

de-certify [1] 474/4

deadlocked [5] 559/17 560/2 563/2 563/20 563/22

deadlocked.' [1] 559/20

deal [3] 411/3 486/25 568/21

dealt [1] 489/14

debate [2] 513/25 559/18

decide [18] 458/11 458/17 460/5 460/14 461/11 462/6 462/8

 468/4 470/9 477/7 493/20 499/3 502/12 505/4 549/1 551/9

 559/24 568/1

decided [1] 550/25

deciding [5] 458/25 459/8 461/3 461/10 468/6

decision [6] 458/23 466/16 466/17 549/6 549/8 564/19

declaration [15] 414/9 414/11 414/21 426/18 426/24 482/16

 483/12 490/5 490/11 491/3 501/23 517/11 517/25 534/13 539/4

decline [1] 534/15

declined [2] 515/22 537/1

declines [6] 515/22 516/1 517/9 535/7 536/25 537/15

deduct [4] 545/4 545/6 545/10 545/18

deducted [1] 545/14

defendant [31] 403/8 404/10 409/18 411/4 411/15 419/20 423/5

 438/20 448/6 449/10 451/3 451/17 451/19 452/1 453/15 465/13

 469/4 469/9 470/19 471/10 471/24 473/14 474/5 475/24 507/17

 517/20 529/12 553/19 555/24 557/13 570/4

defendant's [9] 423/5 423/6 427/16 444/12 444/14 507/9

 507/17 560/8 569/1

defendants [2] 422/5 422/21

defense [8] 405/6 454/15 454/17 456/3 456/5 555/2 564/3

 567/4

deficient [2] 451/3 451/5

define [3] 467/17 468/18 469/1

defined [2] 408/13 544/25

defines [1] 517/8

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 177 of 200
D

definitely [2] 501/20 532/16

definition [5] 422/1 422/3 431/10 431/13 490/7

degree [1] 511/13

delete [2] 406/25 526/13

deleting [1] 406/21

deliberate [8] 464/7 554/7 557/11 559/18 560/1 562/24 563/6

 569/19

deliberately [1] 462/9

deliberating [2] 550/10 559/15

deliberation [1] 554/6

deliberations [8] 457/8 458/1 536/12 548/20 548/22 549/17

 551/18 552/2

deliver [12] 465/6 469/16 476/17 476/24 477/4 492/24 493/6

 494/17 507/17 530/3 533/2 539/16

delivered [7] 472/17 477/11 479/14 532/11 532/20 533/7

 539/21

demonstrate [1] 472/22

demonstrates [2] 528/21 533/3

demonstrative [3] 406/25 407/12 452/22

denied [5] 474/4 474/5 474/11 476/9 551/10

Dennis [4] 404/22 455/1 571/11 571/12

deny [1] 474/2

denying [1] 475/25

depend [3] 439/21 461/14 462/15

depending [2] 552/20 553/2

depends [1] 407/3

deposition [17] 462/23 463/2 463/4 486/22 489/8 508/8 511/14

 517/1 517/7 517/8 517/24 522/20 524/19 524/22 535/8 536/3

 539/23

depositions [4] 408/7 408/9 523/15 523/18

deputy [10] 463/13 463/20 463/20 463/23 464/4 551/20 552/15

 553/11 564/22 564/25

describe [5] 412/21 425/19 429/13 455/23 464/9

described [7] 420/2 422/1 451/25 520/3 520/9 523/3 527/19

description [1] 446/8

descriptions [1] 446/14

deserves [2] 461/9 462/17

designated [1] 530/13

designed [8] 422/2 477/3 477/6 494/8 494/11 509/4 520/7

 534/23

detailed [1] 510/24

details [2] 508/22 528/22

detect [1] 521/17

detects [2] 521/22 521/24

determination [3] 410/9 473/6 527/3

determinations [1] 529/18

determine [8] 419/18 434/12 434/18 437/21 437/22 470/2 500/5

 511/5

determining [2] 468/22 479/11

devices [2] 556/6 561/8

dialed [5] 428/12 450/22 451/4 451/12 541/7

dialing [1] 538/18

dialogue [1] 488/13

dictionaries [1] 550/13

did [117] 407/19 413/11 415/6 415/8 415/8 415/10 417/19

 419/18 421/12 422/5 422/8 422/9 423/9 423/9 423/10 425/1

 425/3 425/4 425/19 425/22 427/12 430/18 430/22 431/21 433/7

 433/14 433/16 435/7 435/8 435/9 436/8 436/12 436/22 436/24

 437/3 437/13 438/5 438/13 438/20 439/13 439/16 439/17

 440/13 444/8 444/9 445/19 451/18 451/23 452/1 452/1 452/4

 460/9 471/5 472/16 473/17 478/7 478/10 490/16 500/3 500/9

 502/8 502/8 505/17 505/20 505/22 505/24 506/2 506/10 508/2

 508/3 508/15 508/21 508/21 511/5 512/6 512/16 512/21 517/6

 517/14 518/19 523/22 524/17 525/6 527/24 528/3 528/17

 529/18 530/12 531/19 532/14 532/16 532/24 533/8 533/12

 533/21 533/24 534/5 535/2 535/7 535/23 536/1 536/6 536/25

 539/12 539/22 540/22 541/8 541/18 542/22 543/6 546/9 546/18

 546/24 547/4 547/14 553/14 555/23

didn't [91] 428/19 430/23 431/22 432/21 433/24 436/10 438/25

 439/3 440/5 445/2 446/18 448/2 476/3 478/10 478/11 478/24

 488/7 489/7 490/19 495/5 497/1 499/17 501/24 502/10 506/6

 508/4 508/14 508/17 508/18 508/19 508/19 510/25 510/25

 511/6 511/17 511/21 512/4 512/20 514/8 516/6 516/8 516/14

 516/15 517/23 518/1 518/10 519/10 519/10 519/11 520/21

 521/1 521/4 522/17 523/13 524/4 524/6 524/7 524/7 524/8

 524/16 525/3 527/14 528/15 528/15 528/16 528/17 528/17

 529/9 529/9 529/12 529/22 530/10 530/10 532/14 535/21

 535/25 537/7 538/22 538/25 542/7 542/21 542/23 543/1 543/7

 543/20 543/22 545/7 545/13 545/23 546/18 553/17

differ [2] 418/11 459/15

difference [1] 418/14

differences [1] 462/5

different [19] 418/9 418/10 433/18 433/25 440/14 442/9 443/15

 449/1 457/4 458/3 462/2 462/2 466/2 513/23 519/5 523/10

 523/16 556/5 561/8

differently [2] 462/5 533/19

differs [3] 418/12 462/7 487/5

difficult [2] 547/19 547/20

digitally [1] 571/9

diligence [1] 567/8

diligently [1] 548/23

direct [8] 405/3 411/20 412/11 412/14 460/7 460/7 460/8

 460/13

directed [1] 502/24

direction [2] 464/15 563/7

directory [1] 464/17

disable [3] 521/19 522/2 522/4

disagree [2] 468/2 559/8

disagreeing [1] 448/7

discharge [1] 550/7

discharged [2] 552/5 567/19

disclose [1] 552/6

disconnect [2] 538/24 539/11

disconnected [3] 414/14 540/9 540/10

disconnects [1] 539/8

discount [1] 480/10

discounts [1] 481/18

discover [1] 464/20

discovered [1] 435/2

discuss [5] 463/25 464/11 471/2 550/5 550/8

discussed [5] 444/24 453/6 464/5 549/2 560/21

discussing [3] 431/16 549/16 549/20

discussion [4] 405/2 476/21 549/7 561/23

dislikes [1] 458/10

display [2] 412/17 427/1

displayed [1] 463/10

disposition [48] 413/9 415/7 415/9 415/16 415/23 416/5 416/10

 416/18 416/19 416/25 417/6 418/21 419/5 420/3 421/19 425/25

 426/15 427/9 427/11 427/15 427/20 428/3 428/11 428/16

 428/19 428/21 429/10 446/9 446/10 446/11 446/14 446/15

 449/8 451/12 500/10 509/25 517/14 518/4 518/5 519/25 520/10

 520/10 520/13 520/22 534/4 539/2 540/6 545/7

dispute [2] 502/23 546/7

dispute/no [1] 546/7

disputed [2] 527/23 527/24

disputes [2] 554/20 567/11

disregard [3] 459/23 461/2 473/10

dissolved [1] 516/6

distinction [2] 410/8 460/12

distracting [1] 450/17

DISTRICT [5] 403/1 403/2 403/14 404/22 455/15

Ditto [1] 473/9

divide [2] 491/24 511/10

divided [2] 552/17 552/23

do [169] 407/20 407/21 407/22 407/25 408/5 409/10 414/5

 414/6 417/24 418/25 419/1 419/24 419/25 421/10 421/11

 421/12 423/22 424/3 424/4 424/20 424/22 424/23 426/18

 426/19 428/8 429/20 432/3 433/21 434/21 435/15 435/18

 437/14 438/11 440/19 441/23 442/15 442/22 445/3 447/3 447/4

 449/16 453/20 454/7 454/21 455/12 455/14 456/4 456/7 456/12

 456/22 457/3 458/13 458/14 458/15 460/2 462/6 463/7 463/25

 464/10 464/18 464/22 464/23 471/2 471/3 473/24 474/3 480/10

 488/19 489/15 490/8 492/19 494/12 494/18 498/1 508/14

 508/19 508/19 509/13 510/13 510/16 510/25 511/1 511/6

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 178 of 200
D

do... [86] 511/17 512/4 512/21 512/24 513/12 514/25 518/7

 518/9 518/9 518/10 518/10 518/11 519/20 520/7 521/1 521/1

 521/1 521/23 523/11 523/17 524/3 524/8 524/8 526/20 527/16

 528/17 528/17 528/25 530/10 530/10 530/12 532/14 536/13

 536/20 537/14 537/19 538/7 538/8 542/21 543/9 545/3 547/24

 548/25 549/1 549/5 549/6 549/8 549/17 549/18 549/19 550/10

 550/12 550/12 550/12 550/14 550/17 550/17 551/3 552/6

 552/20 553/2 556/5 556/12 556/25 557/11 559/5 559/8 560/24

 561/7 561/10 561/11 562/17 562/18 563/8 563/21 563/23 564/7

 564/17 565/23 567/9 567/18 568/2 568/17 569/6 569/6 570/11

document [19] 418/8 427/6 427/8 442/8 455/9 455/10 462/21

 488/18 515/14 516/15 517/2 517/22 518/14 520/2 535/22

 535/24 539/25 552/7 552/7

documentation [1] 429/24

documents [13] 489/18 500/8 500/19 503/10 504/17 508/7

 512/7 512/8 538/2 538/6 540/4 544/8 544/13

does [39] 413/17 414/23 415/15 415/22 417/13 418/11 419/11

 420/1 421/1 426/14 427/14 427/15 432/16 434/10 434/11

 436/20 441/11 442/6 451/5 451/6 461/14 462/14 464/16 466/16

 467/22 468/15 469/21 471/10 474/2 483/1 485/14 498/21

 499/21 506/16 517/3 521/20 528/8 539/4 544/22

doesn't [30] 417/14 436/19 442/9 495/10 497/16 499/11 506/20

 509/10 509/10 509/17 510/15 511/22 512/5 514/24 517/5 517/9

 519/15 521/22 524/12 525/20 525/24 526/12 528/7 529/3 529/7

 531/6 533/1 534/7 539/18 545/15

doing [9] 438/15 450/20 491/24 514/7 514/12 523/6 531/5

 531/20 541/23

don't [104] 406/21 406/24 407/4 428/5 428/8 428/21 429/3

 429/10 429/12 429/18 430/20 432/20 432/21 434/3 434/6 434/8

 435/13 435/17 435/20 437/14 438/12 438/18 440/11 440/12

 441/19 442/12 442/12 443/18 448/16 449/3 449/17 449/18

 453/1 455/14 456/11 457/3 457/6 471/3 474/1 475/23 476/11

 478/23 480/8 493/21 496/17 497/9 500/19 500/22 501/11

 501/19 502/9 509/9 510/13 511/9 511/25 512/9 518/8 519/17

 519/22 522/19 525/7 525/17 525/23 526/4 526/17 526/19

 527/11 527/13 527/19 528/7 528/12 528/20 528/25 529/2 529/3

 529/4 529/5 533/3 539/18 541/21 541/22 544/9 545/11 545/22

 547/10 557/18 557/21 558/2 559/14 561/1 561/2 561/17 561/18

 562/13 562/16 563/5 563/10 564/5 567/15 567/22 568/4 568/13

 569/17 570/13

done [22] 410/20 425/13 450/14 452/21 453/13 456/19 458/15

 503/6 511/19 511/23 518/8 520/5 528/7 529/16 529/20 533/6

 534/21 537/21 562/7 563/14 565/5 569/9

door [2] 448/8 451/8

dots [2] 534/8 534/11

double [7] 441/20 455/9 455/10 456/3 552/9 554/16 554/21

double-check [3] 456/3 554/16 554/21

double-sided [3] 441/20 455/9 455/10

double-spaced [1] 552/9

Dovel [13] 404/2 404/4 405/11 411/21 412/11 417/9 424/2

 431/16 449/4 449/19 456/7 475/23 548/15

down [25] 413/9 415/1 415/2 415/14 433/24 434/1 438/11 440/3

 452/17 457/7 472/9 487/13 508/22 509/18 510/23 511/10

 521/13 528/21 547/10 547/23 548/2 557/18 557/23 558/1

 560/11

down-line [1] 487/13

dozens [1] 439/14

drill [1] 436/10

drilled [1] 433/24

drink [5] 479/23 481/7 481/9 481/21 483/10

drug [1] 522/13

duly [2] 553/24 565/14

Dunn [1] 404/16

duplication [1] 466/1

during [18] 428/5 455/13 456/10 457/8 458/1 469/5 469/6 469/8

 486/21 487/6 489/8 499/24 504/10 520/20 532/23 547/5 549/17

 551/18

duty [3] 457/23 458/6 459/18

E

each [47] 412/23 413/5 415/16 416/4 441/16 441/20 441/21

 446/8 455/7 455/20 457/24 462/25 466/21 467/7 470/3 471/15

 471/18 472/7 472/19 473/20 483/13 484/13 485/3 499/7 500/13

 500/15 502/24 502/25 503/5 504/20 507/4 509/15 509/16

 510/14 510/24 533/11 534/19 548/25 549/5 550/24 551/8

 552/12 554/9 565/5 568/20 569/8 569/21

earlier [1] 563/10

early [1] 569/8

ears [1] 457/3

easier [3] 416/16 560/10 560/23

Eastern [3] 480/22 481/2 503/20

easy [1] 511/21

eat [1] 519/17

Edelson [1] 404/7

edges [1] 519/18

effect [1] 549/10

efficient [2] 492/23 493/5

effort [2] 424/17 466/1

eight [6] 537/13 552/9 561/21 561/25 562/14 565/5

eight-hour [1] 537/13

either [30] 412/1 431/21 457/7 460/13 463/13 463/24 467/13

 469/4 473/22 475/9 477/24 483/22 484/10 484/13 487/5 495/18

 496/9 501/10 510/12 518/24 527/1 534/1 535/8 536/11 539/22

 546/12 554/17 558/21 559/6 559/13

electronic [2] 464/23 549/21

electronically [1] 463/10

elements [8] 466/21 474/20 508/12 509/9 509/14 509/16

 509/17 510/25

eleven [2] 474/13 476/10

ELMO [1] 427/4

else [14] 406/8 462/1 476/2 511/23 515/17 517/9 523/10 535/21

 538/1 542/11 549/18 554/24 562/25 563/8

else's [3] 531/7 562/23 563/11

email [7] 410/1 438/12 494/25 495/1 521/6 539/24 549/21

emails [1] 557/17

employ [1] 512/6

employees [3] 489/8 536/23 536/25

employer [1] 550/1

employers [1] 568/11

employment [1] 541/22

enable [1] 464/12

encourage [6] 468/24 479/12 479/15 480/9 480/12 480/19

encouraging [2] 468/21 479/9

end [20] 411/24 416/21 421/3 425/24 432/25 438/18 440/5

 441/23 457/13 482/13 483/24 485/1 485/10 485/25 491/10

 508/1 515/20 525/10 546/23 548/12

ended [8] 425/9 432/5 432/7 432/8 438/8 438/14 438/15 491/19

energy [7] 479/22 479/23 479/25 481/7 481/8 481/21 483/10

enough [7] 504/11 509/12 519/12 529/14 529/22 537/5 563/15

enrollment [2] 496/8 498/3

ensure [4] 464/16 521/19 522/2 565/8

enter [1] 464/3

entire [7] 513/5 516/13 518/4 529/11 548/11 548/13 551/15

entirely [3] 424/7 424/12 523/3

entirety [1] 407/1

entitled [7] 455/9 455/10 462/19 484/22 551/8 552/9 571/8

entity [3] 465/3 465/7 525/17

entries [1] 444/20

entry [1] 421/8

EOM [1] 484/22

equal [1] 462/18

equally [1] 522/15

equals [3] 414/7 421/8 498/10

equipment [5] 463/15 463/21 463/23 464/10 539/17

equivalent [1] 556/13

error [2] 444/12 444/14

errors [2] 518/20 519/23

Especially [1] 493/6

essentially [4] 416/17 437/16 496/17 496/22

establish [8] 471/15 471/25 472/5 472/11 472/16 472/19

 472/25 473/2

established [2] 475/6 475/16

estimate [4] 437/18 443/25 447/19 497/9

estimated [1] 450/2

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 179 of 200
E

et [3] 448/21 555/25 555/25

et cetera [3] 448/21 555/25 555/25

evaluation [1] 410/20

even [10] 428/8 443/21 443/25 468/12 483/6 505/12 506/19

 512/20 547/22 558/16

event [3] 462/4 486/6 514/24

events [4] 524/16 524/23 527/17 527/19

ever [6] 428/12 505/17 505/20 506/10 535/25 551/21

every [22] 428/16 436/21 437/12 438/12 438/17 442/2 445/10

 445/11 477/12 486/10 492/1 492/3 492/15 492/20 496/8 509/15

 510/14 517/15 532/10 532/12 534/23 537/11

everybody [6] 408/4 408/5 532/11 547/5 547/6 562/25

everyone [6] 455/9 456/1 507/23 533/8 538/1 542/11

everything [5] 457/11 461/12 515/17 553/12 557/2

Eves [2] 503/19 505/8

evidence [174] 

evidentiary [1] 569/12

exact [13] 434/6 435/10 437/12 437/14 437/20 443/23 443/24

 444/2 493/11 496/13 502/22 556/23 558/8

exactly [2] 426/17 447/6

examination [11] 411/20 411/22 412/12 412/14 423/2 426/6

 426/8 447/1 499/25 501/8 511/5

examine [1] 506/5

examining [1] 421/25

example [17] 413/6 421/5 437/10 482/6 483/7 486/5 495/22

 496/2 498/9 500/25 501/24 509/20 510/2 518/3 538/14 540/8

 542/19

examples [2] 496/4 537/23

Excel [1] 509/22

except [4] 542/10 542/15 549/16 551/22

exceptions [1] 409/18

excerpted [1] 479/17

Excerpts [2] 408/9 463/2

excess [3] 518/21 519/4 534/8

exchange [2] 494/25 521/6

exchanges [1] 528/5

exchanging [1] 557/16

exclude [3] 422/21 424/17 450/21

excluded [3] 447/15 459/22 542/16

excused [2] 550/19 567/18

exhibit [82] 412/16 418/3 426/24 431/18 432/1 432/1 432/4

 432/7 432/9 432/11 432/11 433/9 436/7 436/20 437/19 437/22

 437/22 438/5 439/11 439/11 444/21 444/22 448/20 453/11

 453/19 454/2 460/18 460/21 460/22 463/19 463/25 464/11

 482/13 482/17 482/23 484/19 484/21 484/23 485/2 485/4 485/5

 485/7 485/7 485/8 485/11 485/18 485/21 485/23 486/2 486/3

 486/12 486/19 486/20 488/9 488/9 488/10 488/16 489/23 491/2

 491/11 491/14 493/24 493/25 494/25 495/23 496/2 497/25

 503/23 504/5 504/8 509/23 512/11 512/12 515/14 516/4 517/2

 518/13 521/7 526/1 534/20 543/12 555/22

Exhibit 36B [1] 433/9

Exhibit 37 [1] 426/24

exhibits [28] 411/21 412/10 423/12 428/25 431/5 434/8 434/17

 434/24 435/1 435/3 436/1 441/12 446/2 453/6 453/13 456/5

 459/2 459/6 463/9 463/15 463/18 464/13 482/17 496/5 503/12

 554/16 554/23 555/5

Exhibits 11 [1] 496/5

Exhibits 31 [1] 503/12

exist [2] 511/22 512/5

existed [1] 540/3

expect [1] 569/1

expense [1] 466/1

expert [1] 511/3

explain [7] 414/10 422/24 456/14 492/22 550/8 560/11 560/23

explained [1] 492/21

explanation [4] 521/10 522/3 522/16 523/16

explicitly [1] 534/14

explore [1] 423/1

exposed [2] 549/14 551/16

express [16] 408/15 409/9 409/13 422/15 465/7 465/19 466/9

 469/13 469/17 469/18 469/21 499/12 499/13 499/17 499/18

 499/22

extensively [1] 453/7

extent [1] 425/17

extra [2] 418/12 528/10

extract [1] 480/2

extrapolate [1] 529/21

eyes [1] 457/5

F

face [1] 437/22

Facebook [1] 549/23

facing [1] 450/16

fact [26] 407/16 424/6 444/14 445/1 460/8 460/11 461/14

 462/14 466/15 468/14 489/22 498/20 499/8 506/15 512/3 531/5

 533/6 533/17 534/4 535/9 535/19 536/20 537/5 537/9 538/8

 539/1

factors [1] 461/23

facts [17] 406/11 406/16 455/24 458/6 458/7 459/1 459/2 459/8

 459/14 459/16 460/10 461/10 462/20 462/22 515/1 524/15

 527/18

failed [15] 471/14 471/17 471/20 471/25 472/2 472/5 472/11

 472/19 472/21 472/22 472/25 473/2 473/6 473/9 473/19

failure [1] 529/6

fair [9] 462/19 487/24 517/16 517/22 524/13 524/14 532/7

 551/8 551/10

fairness [1] 551/14

fake [2] 437/1 519/2

familiar [2] 438/14 526/15

family [4] 439/23 440/3 549/25 568/11

fantastic [1] 481/4

far [4] 407/16 508/16 516/19 547/24

favor [6] 410/22 411/1 411/2 411/4 411/7 476/6

FCRR [2] 404/22 571/12

featured [2] 422/13 466/7

features [1] 545/2

fed [3] 533/5 533/7 543/5

federal [1] 465/2

feed [1] 532/9

feel [2] 558/17 568/6

fellow [1] 549/16

felt [1] 557/5

few [22] 406/6 409/17 441/17 444/10 447/5 448/18 448/25

 455/23 456/13 456/15 456/18 470/23 484/12 494/6 494/19

 540/9 542/15 547/6 560/22 567/14 568/14 568/14

fewer [2] 536/22 536/22

fifth [2] 404/17 526/3

figure [12] 411/9 438/22 497/5 498/19 525/19 568/21 568/25

 569/4 569/7 569/9 569/11 569/14

figured [1] 444/11

figuring [1] 482/8

file [2] 494/1 569/3

filed [1] 473/13

files [1] 555/21

filing [1] 465/22

fill [7] 542/1 552/14 556/8 557/6 561/10 561/11 563/3

filled [4] 495/25 496/23 497/4 542/2

filter [1] 438/15

final [14] 406/5 409/15 409/18 415/18 454/4 454/22 455/8

 455/10 456/17 457/12 458/4 541/6 547/14 548/18

Finally [1] 475/15

find [30] 413/11 415/8 425/22 431/2 433/14 435/7 435/9 437/13

 438/4 438/25 439/13 439/17 440/7 440/9 458/6 460/11 469/23

 476/6 491/12 509/23 510/4 515/15 515/24 520/12 520/14

 520/18 526/2 529/19 565/15 568/7

finding [2] 410/22 509/14

findings [3] 410/14 410/16 410/21

finds [5] 411/1 411/2 411/4 411/7 411/8

fine [12] 455/3 455/21 456/22 456/24 457/1 457/2 457/14

 512/20 555/10 559/18 559/19 561/25

finish [3] 525/22 526/24 543/24

finished [2] 543/5 543/10

first [57] 406/23 408/24 408/25 412/17 412/21 413/6 413/10

 414/3 416/18 418/19 418/20 420/5 421/7 421/7 421/8 421/8

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 180 of 200
F

first... [41] 423/21 426/13 442/13 442/13 442/21 442/21 454/16

 470/18 470/21 477/10 477/19 480/21 481/1 483/18 483/22

 484/21 488/21 489/20 494/9 495/1 495/14 498/10 502/15 503/8

 504/1 505/6 508/23 508/24 510/5 510/19 512/14 524/20 525/4

 526/2 533/11 534/12 557/9 561/4 563/23 565/14 570/2

fit [2] 508/3 522/11

five [14] 446/2 452/12 475/2 502/18 507/5 510/25 518/17

 525/12 530/17 537/11 544/5 544/7 544/13 544/17

fix [1] 553/15

FL [1] 404/14

flip [7] 441/14 441/19 441/22 442/24 443/19 511/8 520/12

flipping [2] 443/11 443/21

floor [1] 556/25

flyers [1] 505/20

focused [1] 528/18

folks [4] 429/19 515/19 521/14 523/7

follow [8] 421/6 457/2 458/8 458/18 551/11 551/12 564/5 564/6

follow-up [2] 564/5 564/6

followed [1] 552/19

following [11] 448/4 456/23 458/17 466/21 467/7 471/13

 474/20 479/20 490/11 562/5 569/18

follows [1] 565/15

food [2] 554/3 554/4

footnote [2] 414/3 414/7

force [1] 527/25

foregoing [1] 571/6

foreign [5] 434/4 434/9 434/10 434/25 447/8

foreperson [1] 463/24

forever [1] 543/14

forget [1] 462/3

forgot [1] 522/4

form [25] 406/5 408/22 409/17 409/23 411/15 455/8 457/12

 463/11 470/5 496/24 497/3 498/3 509/13 524/2 524/2 529/17

 533/10 543/25 548/11 549/24 552/11 552/13 552/14 553/10

 567/5

former [2] 523/8 527/5

formidable [1] 520/1

forth [2] 473/19 527/8

forward [1] 452/25

Foster [7] 404/13 449/20 450/8 452/18 452/19 507/19 519/3

foul [2] 411/3 411/6

found [31] 412/24 413/5 413/20 413/23 413/25 415/6 415/11

 418/13 419/9 421/2 425/24 431/15 431/16 431/20 432/3 432/13

 432/17 432/18 433/4 435/6 437/1 437/6 437/10 438/17 439/19

 439/20 452/10 465/1 490/8 501/16 526/24

foundation [10] 413/13 417/8 423/20 423/22 424/2 424/19

 425/11 430/3 447/10 450/23

founder [1] 486/6

four [9] 420/21 509/11 526/10 552/7 558/17 559/21 560/4

 561/19 561/20

four-page [1] 552/7

fourth [1] 526/3

fraction [1] 558/20

Franciso [1] 404/8

frankly [1] 446/1

Franzini [10] 404/3 405/9 484/18 485/3 507/15 511/7 516/3

 518/3 527/22 544/6

free [16] 435/5 435/6 435/15 435/18 435/19 435/22 435/22

 480/4 480/4 481/13 486/6 486/8 514/23 518/23 568/2 568/6

Friday [1] 569/8

friends [1] 568/11

front [5] 426/18 442/5 483/16 505/24 512/14

fruit [1] 479/25

Fuel [1] 483/7

fully [2] 474/7 549/2

fun [1] 514/16

fundamental [1] 567/10

further [19] 405/12 409/1 409/15 409/24 411/14 426/4 446/19

 452/13 453/15 453/22 454/1 471/17 471/20 471/24 473/15

 562/24 563/7 563/19 569/20

furthermore [1] 438/15

G

gain [1] 551/4

game [1] 464/17

gate [1] 512/20

gave [6] 486/14 523/4 528/11 530/15 548/6 561/6

Gay [1] 538/15

Gee [2] 519/18 536/13

general [6] 440/19 468/12 488/13 505/11 505/12 506/11

generalized [1] 538/2

generally [2] 407/11 435/23

gentlemen [1] 529/24

get [59] 407/23 409/17 425/16 449/13 450/7 452/19 452/20

 453/10 456/16 474/15 476/12 477/14 479/1 481/14 481/16

 482/25 483/3 486/9 488/19 488/20 494/12 494/17 494/20

 498/17 501/13 508/6 508/7 508/8 508/21 510/4 511/21 512/20

 517/3 519/6 522/17 523/11 523/11 525/1 525/17 527/19 528/21

 528/24 528/25 530/22 530/24 532/25 533/10 537/2 537/2

 540/15 541/20 541/22 554/1 562/21 567/5 568/9 569/10 569/21

 569/24

gets [3] 470/21 532/10 543/13

getting [4] 416/21 481/11 495/6 521/18

Gidley [50] 408/11 414/9 415/20 415/25 417/5 417/15 417/19

 426/14 426/14 426/24 427/8 463/3 481/24 481/24 482/8 482/14

 482/16 483/13 486/17 487/8 488/3 489/22 490/1 490/4 490/10

 490/20 492/6 492/21 496/12 500/23 517/11 517/12 517/24

 522/21 530/13 531/12 531/19 532/5 532/17 532/19 533/4

 534/13 535/13 537/9 539/1 539/8 540/12 540/14 541/1 542/13

Gidley's [9] 414/9 414/11 414/21 427/20 482/22 486/22 490/10

 491/3 501/23

gig [1] 541/23

give [30] 423/22 424/4 447/19 453/12 455/7 458/8 458/8 460/14

 461/8 462/2 468/7 471/5 474/5 474/6 486/14 510/23 524/7

 529/22 541/17 545/23 548/7 555/3 555/8 559/6 560/4 561/1

 561/2 561/3 563/6 563/10

given [4] 460/13 462/21 505/1 567/21

gives [1] 499/12

giving [6] 443/22 443/25 444/2 454/22 486/8 514/23

glass [1] 457/21

gloss [1] 515/1

glows [1] 480/5

gluten [1] 480/4

gluten-free [1] 480/4

go [46] 407/15 408/24 408/25 415/1 421/6 429/2 436/12 441/19

 442/21 443/3 444/17 449/17 449/23 450/22 454/22 474/16

 480/17 480/25 490/19 502/8 505/5 510/15 510/15 511/21

 515/13 516/23 518/18 519/13 520/22 521/11 524/3 525/7 526/1

 529/16 529/18 540/25 545/7 545/13 552/22 553/4 557/15 564/8

 564/9 565/2 567/14 569/19

goal [2] 520/5 527/19

goes [3] 509/19 523/12 526/20

going [82] 406/11 407/3 407/21 408/19 409/3 409/4 421/6

 424/10 430/4 437/25 439/23 453/5 455/19 456/18 457/20

 457/20 470/15 474/15 477/14 477/15 478/5 478/6 482/8 484/11

 484/14 484/21 485/7 485/11 485/21 486/1 486/11 489/5 493/21

 493/24 494/6 494/10 494/16 495/5 502/12 507/8 507/25 508/6

 508/7 508/7 508/8 513/4 513/24 513/25 514/5 514/12 515/19

 519/18 521/8 522/23 525/1 528/24 529/1 529/15 529/19 530/11

 533/10 533/11 535/23 538/3 545/4 545/6 548/8 550/7 554/25

 556/19 560/21 561/23 561/23 562/19 563/7 564/24 565/1 565/5

 565/7 565/10 568/21 570/12

gone [4] 430/8 501/12 501/12 541/4

good [24] 412/8 426/10 426/12 433/24 461/7 477/2 480/9

 480/11 490/24 493/11 493/17 507/23 519/11 519/15 519/18

 521/14 521/25 524/14 555/16 560/18 563/15 564/15 567/16

 570/6

good-bye [1] 567/16

goods [5] 468/21 468/25 479/10 479/13 479/16

Google [1] 433/23

got [47] 409/14 418/24 420/5 421/21 439/6 441/24 479/14

 479/25 480/6 483/10 490/6 490/7 494/15 502/17 504/10 504/20

 506/23 507/22 508/25 509/10 509/12 510/8 510/8 510/9 510/10

 510/11 510/16 511/15 511/16 511/20 512/19 515/10 516/2

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 181 of 200
G

got... [14] 519/17 522/10 524/21 527/3 527/4 532/8 534/4

 536/21 537/1 538/15 540/8 544/11 544/13 554/16

grabbed [1] 512/7

Graham [1] 404/16

granular [1] 528/21

great [4] 480/11 481/19 483/12 514/7

greatest [1] 413/8

green [1] 480/2

Greg [1] 404/2

grounds [1] 471/17

group [2] 465/24 547/7

guess [8] 407/3 424/6 460/24 470/10 492/4 529/21 554/2

 558/12

guesswork [2] 511/11 515/5

guideline [1] 488/13

guys [1] 479/23

H

ha [2] 515/1 516/12

had [65] 409/2 414/11 422/15 423/14 424/13 425/8 433/24

 434/20 438/21 438/24 439/19 440/19 444/10 447/8 451/19

 452/10 452/12 463/6 466/8 469/21 481/6 481/24 482/5 484/25

 485/1 485/10 486/14 490/2 491/14 494/23 494/24 497/23

 499/22 500/2 500/24 504/2 504/8 506/5 510/23 511/2 517/14

 518/17 518/22 520/24 526/9 526/10 526/14 531/2 531/16 533/1

 536/17 536/22 537/3 537/5 537/8 537/16 539/7 539/12 540/13

 541/1 543/16 543/19 546/24 547/5 547/6

half [18] 479/21 481/14 497/5 497/11 497/14 515/3 530/22

 543/8 547/1 547/2 547/8 547/12 547/21 558/10 558/11 558/13

 558/20 558/21

hand [4] 462/11 553/23 560/25 564/21

handed [3] 457/11 509/22 517/3

handing [3] 407/17 426/23 441/2

handle [5] 492/19 537/4 537/5 537/10 569/12

handling [1] 492/5

hands [4] 464/2 470/25 471/1 548/17

hands-on [1] 464/2

hang [3] 494/8 494/20 495/10

happen [1] 550/21

happened [13] 428/5 462/3 495/2 500/10 500/19 512/3 522/3

 524/24 526/8 527/2 535/16 535/17 536/7

happens [2] 540/17 557/1

hard [5] 547/20 567/7 567/13 568/7 568/13

harder [1] 546/16

harm [2] 411/3 411/5

has [50] 409/9 410/7 417/10 417/15 418/21 426/23 426/25

 426/25 435/15 435/18 438/1 457/11 457/24 458/20 459/22

 462/8 465/7 466/16 470/11 470/19 471/1 471/9 473/6 479/24

 479/24 481/3 484/6 485/15 488/21 491/8 491/15 494/2 496/8

 501/3 503/23 514/17 515/14 526/19 528/22 529/10 536/13

 545/14 551/6 552/8 552/9 552/11 554/16 554/18 555/2 564/18

have [301] 

haven't [1] 509/18

having [7] 409/13 462/22 465/18 489/20 549/6 558/2 558/7

he [74] 414/11 414/12 417/14 427/11 427/14 427/15 431/20

 448/2 448/2 449/1 449/2 450/4 451/23 462/1 482/10 482/16

 482/19 486/17 487/21 489/23 489/23 489/24 490/11 490/14

 490/15 490/16 490/21 492/6 492/7 492/23 493/1 493/15 496/12

 496/14 496/19 497/22 498/6 498/12 500/9 500/9 500/11 500/11

 500/12 500/14 500/25 501/16 511/7 514/23 517/14 517/17

 518/20 518/22 518/22 518/23 519/1 519/1 519/2 529/1 529/10

 530/16 531/13 531/20 532/14 534/13 534/14 534/17 539/4

 539/11 539/12 540/17 540/19 542/11 542/21 544/24

He's [1] 478/13

healthy [2] 480/3 498/12

hear [22] 408/23 454/25 461/17 470/17 470/18 470/18 473/25

 475/24 479/14 479/19 489/7 507/8 523/6 523/7 523/13 525/12

 525/13 529/8 539/19 544/11 550/21 553/17

heard [44] 457/22 460/4 460/9 472/17 472/18 472/18 478/22

 478/23 478/25 478/25 482/2 482/21 483/25 484/10 486/4

 486/21 486/22 487/2 487/8 487/15 488/7 488/23 489/8 492/6

 492/21 492/22 494/7 494/9 496/12 497/22 501/8 503/18 505/8

 514/22 515/9 516/20 518/4 521/2 524/18 530/17 530/20 531/10

 540/12 542/17

hearing [5] 456/21 457/4 507/10 568/23 569/13

Heck [1] 511/18

held [7] 468/11 476/21 500/16 505/11 506/7 514/19 563/10

help [5] 430/22 440/22 442/12 459/13 490/5

helped [1] 430/21

her [45] 445/21 445/23 446/2 452/8 466/20 467/6 487/13

 487/13 487/14 495/3 495/9 500/1 502/17 502/17 503/24 504/2

 504/12 504/25 506/8 506/19 506/20 506/22 506/25 507/1 507/1

 524/11 524/14 524/18 524/18 524/19 526/10 526/15 527/4

 527/18 527/19 527/20 527/24 528/5 532/24 538/17 538/18

 538/19 540/9 544/14 554/12

here [53] 406/4 419/23 421/8 441/8 450/9 454/20 455/7 456/11

 456/20 457/2 457/15 457/19 466/18 471/6 471/8 480/17 480/25

 486/19 493/1 497/24 499/10 503/18 505/13 509/18 510/19

 515/25 520/23 524/21 527/17 529/11 529/11 529/22 531/24

 533/5 535/5 538/14 538/16 540/4 540/5 542/18 543/24 550/25

 551/1 551/24 555/16 557/8 557/20 558/19 561/16 562/12

 562/16 567/12 568/17

herself [4] 465/10 503/24 504/12 528/3

Hey [15] 483/10 490/21 493/10 495/5 511/5 512/19 512/23

 514/6 514/13 514/17 521/22 522/10 523/5 525/22 527/10

high [2] 513/10 558/14

high-level [1] 513/10

higher [5] 558/17 562/3 562/5 562/8 562/18

highlight [2] 414/7 414/23

highlighted [5] 414/2 414/18 415/23 417/11 417/15

highly [1] 520/4

him [6] 423/1 456/4 456/6 486/22 492/22 492/22

himself [1] 482/19

his [17] 478/19 482/16 482/17 483/12 489/22 490/5 490/11

 516/3 517/24 519/3 519/5 519/7 519/11 529/5 533/8 534/19

 539/4

hiss [1] 525/10

historical [1] 543/14

hit [1] 512/16

hold [6] 425/12 429/19 466/11 506/10 528/3 528/3

holding [1] 505/13

holidays [1] 492/2

home [25] 435/19 496/1 496/6 496/9 496/24 497/3 497/8 499/2

 505/17 506/11 506/19 541/10 541/12 541/13 541/14 541/15

 541/23 542/10 542/11 542/15 544/14 546/5 546/12 546/19

 546/24

Home/mobile [1] 496/6

honest [1] 549/9

honestly [1] 429/3

Honor [76] 406/12 407/9 407/18 409/1 409/14 409/25 410/7

 411/13 411/16 411/23 412/3 412/13 422/23 426/4 426/7 426/20

 427/3 430/2 440/23 441/5 441/8 446/21 447/11 447/13 448/1

 448/3 448/16 448/19 449/13 452/5 452/13 452/15 452/20 453/5

 453/23 454/2 454/6 454/11 454/14 454/17 455/17 457/9 471/6

 474/14 474/17 475/22 477/1 478/13 479/4 484/20 485/11

 485/12 485/17 485/22 486/1 486/24 487/3 493/24 507/21

 513/14 513/20 530/4 530/7 553/18 554/22 555/20 556/10

 556/12 557/16 560/6 564/2 564/17 564/20 570/3 570/7 570/15

HONORABLE [1] 403/13

Hopefully [1] 522/25

hopelessly [5] 559/17 560/2 563/1 563/20 563/22

hot [1] 554/3

Hough [1] 404/6

hour [3] 407/4 537/12 537/13

house [2] 526/15 529/10

how [79] 413/4 413/11 413/19 418/11 419/18 423/22 424/3

 424/23 427/3 432/3 432/21 433/21 434/3 434/21 434/24 437/18

 440/11 440/12 442/5 442/7 444/12 444/17 445/23 447/9 448/21

 449/11 456/19 460/14 462/16 462/16 463/14 463/15 463/22

 470/6 472/8 472/15 480/11 480/12 481/19 482/20 483/11

 487/16 492/4 492/11 497/2 497/3 498/18 500/5 505/4 508/1

 508/3 509/15 523/3 525/15 525/25 526/15 526/19 530/14

 531/18 532/8 537/25 540/2 540/14 543/3 544/4 544/21 546/15

 546/15 547/19 547/23 552/4 555/4 556/9 557/8 557/13 562/25

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 182 of 200
H

how... [3] 565/18 568/21 569/11

however [4] 462/8 468/2 502/24 559/12

Humans [1] 498/12

hundred [3] 435/9 439/24 535/3

hundreds [3] 437/10 511/25 511/25

husband [7] 445/21 503/24 504/12 514/7 527/4 527/13 527/24

I

I'll [33] 407/15 408/6 411/21 437/1 441/7 441/8 448/7 449/3

 449/4 452/20 455/21 455/23 455/25 456/5 456/13 457/4 470/22

 484/12 487/4 503/18 513/21 525/14 550/7 554/19 555/11 557/2

 559/1 559/5 559/22 562/15 563/3 567/16 568/14

I'm [74] 406/11 406/19 406/21 407/9 408/19 408/23 409/8

 418/20 424/10 426/23 427/3 429/16 429/16 430/4 433/6 434/23

 434/23 438/13 441/2 441/4 441/6 443/24 444/17 447/13 448/4

 448/4 456/3 456/18 457/20 457/21 470/15 474/15 478/5 478/5

 484/11 484/21 485/7 485/11 485/21 486/1 486/11 491/1 493/21

 494/6 494/10 495/22 507/20 507/25 513/24 513/25 516/4

 521/12 523/20 528/7 528/8 529/15 530/7 530/11 533/11 556/7

 556/16 556/19 557/3 557/5 559/8 560/21 560/24 561/9 561/19

 561/23 561/23 563/5 564/24 568/21

I've [8] 410/18 410/20 410/24 426/11 529/2 553/12 563/23

 564/1

idea [4] 433/21 434/21 522/22 531/19

identical [1] 496/7

identified [20] 423/6 438/23 451/17 482/11 482/14 482/19

 486/17 488/3 489/25 490/16 490/20 497/23 500/23 534/13

 535/14 539/9 539/11 542/1 542/3 544/23

identifiers [1] 438/13

identifies [2] 491/6 491/8

identify [14] 422/2 430/10 434/8 438/5 439/3 451/19 452/1

 484/19 485/4 490/5 520/13 539/5 542/7 557/18

identifying [4] 422/6 422/19 481/24 539/1

ignore [4] 458/19 460/24 461/2 462/13

illustrate [1] 461/6

immediately [4] 464/21 551/17 568/8 568/9

impartial [1] 551/9

implausible [1] 536/19

implications [1] 558/2

important [5] 458/19 462/9 462/16 549/4 551/12

impossible [3] 492/19 536/19 537/19

improper [4] 450/24 451/7 459/19 551/4

in-house [1] 529/10

inaccurate [1] 551/6

inactive [2] 486/8 504/16

INC [5] 403/7 421/9 438/8 465/13 498/10

include [9] 414/14 423/9 426/1 436/8 436/19 436/21 451/4

 490/2 555/7

included [39] 412/21 413/3 415/4 415/9 419/2 419/6 421/15

 421/18 423/15 428/18 431/3 431/9 431/13 431/25 432/4 432/15

 432/22 433/1 434/4 434/25 436/15 437/7 437/9 437/19 438/2

 439/3 439/8 441/11 443/13 444/21 445/5 448/22 490/9 518/21

 518/23 520/25 534/17 554/18 554/19

includes [3] 465/21 543/15 549/20

including [10] 429/21 470/1 471/2 473/16 492/2 533/8 549/23

 550/18 552/3 557/4

incomplete [1] 551/6

inconsistent [2] 458/2 527/17

incorporate [1] 473/13

incorporated [2] 438/8 510/20

indeed [1] 532/24

independent [1] 523/12

INDEX [1] 405/1

indicate [9] 414/20 414/24 414/25 415/22 419/11 420/1 426/15

 427/17 470/6

indicated [4] 414/12 415/25 417/10 427/11

indicates [1] 415/23

individual [10] 415/16 430/11 466/19 466/20 470/7 502/13

 511/19 514/10 552/18 565/16

individual's [2] 436/14 499/2

individualized [1] 538/2

individuals [6] 422/10 431/12 465/11 466/4 492/11 545/1

infer [2] 542/20 546/25

inflated [2] 445/1 445/3

influenced [3] 458/10 459/20 551/5

inform [1] 464/21

informal [1] 547/4

information [14] 419/20 420/1 424/5 424/25 461/6 464/10

 496/15 500/12 529/22 549/15 551/4 551/6 551/9 551/16

initial [3] 425/7 452/11 504/6

initiated [2] 533/12 555/24

initiating [1] 479/8

initiation [1] 468/20

insert [3] 408/16 408/20 429/25

Insofar [1] 463/4

instance [1] 436/13

instances [1] 439/13

instead [3] 463/5 490/14 495/7

Instragram [1] 549/24

instruct [1] 457/23

instructed [3] 459/23 460/1 483/20

instructing [1] 536/8

instruction [6] 405/2 406/10 406/19 407/1 464/3 548/19

instructions [47] 405/7 405/12 406/5 406/7 408/5 408/14 409/2

 409/16 409/19 454/23 455/8 455/10 456/1 456/17 457/1 457/12

 457/25 458/2 458/4 458/5 458/14 458/18 470/16 470/23 477/15

 479/1 479/1 479/2 479/4 479/5 498/17 498/18 498/18 499/15

 499/18 501/2 505/1 505/4 548/18 549/13 552/19 553/1 553/1

 553/6 553/9 557/17 567/20

insufficient [1] 476/5

intact [1] 556/3

intended [5] 459/13 465/25 502/25 527/7 527/7

intending [2] 469/10 490/18

interest [4] 461/19 466/14 528/11 537/8

interested [1] 494/14

interesting [1] 557/20

internal [2] 488/18 495/3

Internet [3] 464/16 549/22 550/14

interpret [2] 459/13 556/9

interpreting [2] 556/7 557/3

introduce [3] 432/8 481/8 481/10

invalid [19] 437/3 437/5 437/6 437/15 437/18 437/23 447/8

 447/21 448/14 449/10 450/21 451/4 451/5 451/11 473/14

 501/10 502/2 545/11 545/12

investigation [2] 550/15 551/3

investment [5] 468/21 468/24 479/9 479/13 493/17

invite [6] 476/17 476/24 507/16 514/18 530/2 534/16

invited [2] 556/17 556/22

inviting [1] 514/20

involve [1] 534/16

involved [6] 434/1 534/15 541/20 550/2 550/18 568/9

involves [1] 549/15

irritated [1] 526/11

is [618] 

isn't [15] 430/18 431/17 432/1 446/16 447/11 478/16 515/17

 518/11 519/11 526/16 527/24 528/10 529/14 533/17 542/20

issue [13] 425/2 430/8 468/4 469/13 470/9 490/6 505/4 506/6

 512/10 519/6 531/2 568/22 569/12

issues [3] 549/15 550/17 564/6

it [564] 

it's [30] 406/7 418/14 423/19 428/16 429/12 433/3 439/1 441/25

 445/25 450/17 493/5 497/20 504/15 514/10 515/21 518/12

 519/14 519/14 520/1 521/20 530/21 535/19 538/9 540/2 547/20

 552/7 555/9 558/15 565/22 566/8

italics [5] 552/19 552/25 553/1 553/7 553/9

item [2] 414/18 421/7

items [3] 414/14 450/3 568/18

its [8] 422/14 437/22 466/8 468/8 479/15 492/18 497/25 515/18

itself [1] 428/10

J

Jackson [4] 487/14 526/18 530/17 531/3

Jackson's [1] 530/25

Jacobson [1] 404/4

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 183 of 200
J

January [2] 492/1 516/5

January 2016 [2] 492/1 516/5

Jason [6] 491/13 491/15 504/7 509/21 518/2 542/25

jeopardizes [1] 551/13

Jeremy [2] 512/22 512/23

JEwing [1] 484/22

JMOL [1] 475/22

JMOLs [1] 474/14

job [5] 477/7 493/20 523/11 541/21 543/4

John [3] 404/10 408/10 463/3

Jonas [1] 404/4

JUDGE [12] 403/14 453/16 456/8 471/12 476/3 507/18 553/20

 555/22 557/14 561/6 564/4 570/5

Judge Simon [2] 555/22 561/6

judgment [10] 471/13 471/24 474/17 474/25 475/3 475/11

 475/15 569/2 569/4 569/14

juice [2] 479/25 514/13

Julien [1] 404/3

jump [1] 518/18

juncture [1] 473/6

juror [34] 455/7 455/20 464/7 464/8 464/9 474/19 475/4 476/6

 548/21 548/22 551/13 551/16 551/20 552/13 553/10 555/18

 560/19 564/16 565/6 565/6 565/6 565/7 566/9 566/12 566/14

 566/16 566/18 566/20 566/22 566/24 567/1 570/11 570/12

 570/13

Juror No [1] 565/7

jurors [19] 407/24 421/6 464/13 493/20 547/5 548/24 549/3

 549/9 549/17 550/20 555/17 558/11 558/11 558/13 558/20

 558/20 558/22 558/23 570/10

jury [124] 403/11 405/2 405/7 405/12 405/13 405/14 406/3

 406/4 406/5 406/6 407/12 407/13 408/3 409/2 409/16 409/19

 410/22 411/1 411/4 411/7 411/18 411/19 412/6 412/17 414/10

 418/7 422/24 427/2 434/12 434/17 434/24 437/21 439/9 448/20

 449/18 452/25 454/20 454/22 455/4 455/6 455/10 455/23

 456/11 456/13 456/17 456/25 457/12 457/22 457/25 458/5

 463/12 463/13 463/25 464/4 464/7 464/7 464/12 464/23 470/23

 471/7 471/8 471/9 476/15 476/16 477/7 477/15 479/1 479/1

 479/2 479/3 479/5 482/12 487/4 488/10 496/3 498/17 498/18

 498/18 499/3 499/15 499/18 500/5 501/2 505/1 505/3 509/23

 513/21 514/6 535/20 547/5 548/18 548/21 548/23 550/4 551/9

 551/21 551/21 551/23 552/4 553/25 554/1 554/5 554/8 554/10

 555/15 555/17 556/3 560/11 560/15 560/16 560/18 564/13

 564/15 564/16 564/18 565/14 566/11 567/7 567/14 567/17

 567/20 567/23 568/16 568/17

jury's [2] 410/14 410/16

just [97] 406/6 409/2 410/1 410/3 410/18 412/20 416/16 417/12

 418/17 419/15 421/6 424/1 424/6 424/9 429/9 429/13 431/15

 433/12 433/24 434/1 436/11 438/20 439/10 439/12 441/7

 441/19 441/23 442/7 442/8 444/11 444/17 448/18 448/20 450/1

 456/22 456/25 457/11 457/16 462/6 474/2 476/3 478/18 479/23

 480/16 480/24 487/2 487/15 490/8 490/25 491/20 491/22 495/8

 496/2 496/11 501/16 502/9 503/18 510/1 511/7 511/9 511/10

 512/16 513/21 515/1 516/11 519/7 519/8 519/15 522/3 522/15

 525/24 526/4 527/11 527/12 528/14 528/15 529/2 529/4 531/6

 533/16 534/16 534/17 538/4 538/9 542/17 544/9 545/24 550/6

 561/3 562/19 563/11 563/21 563/23 564/1 567/6 567/22 568/5

Justin [2] 408/10 463/3

K

KCC [13] 421/25 422/1 422/20 424/17 425/8 425/9 425/13

 425/19 430/7 430/9 430/18 430/21 431/3

keep [12] 457/10 457/13 502/10 543/7 543/7 545/23 546/18

 559/15 567/20 567/21 567/22 567/22

Kennedy [1] 404/14

kept [2] 422/22 424/14

key [7] 468/16 498/22 505/13 506/17 506/21 520/10 531/18

kind [6] 420/1 432/5 493/22 511/2 514/16 558/7

kinds [3] 460/12 494/5 516/20

kit [7] 479/22 480/21 481/1 481/4 481/16 483/7 530/24

kits [7] 479/16 479/17 481/12 481/14 481/21 488/6 530/22

knew [1] 526/12

know [82] 407/5 410/18 417/15 423/22 424/3 424/3 424/4 424/4

 424/11 424/20 424/23 425/12 428/5 428/8 428/9 428/21 429/3

 429/10 429/12 430/8 430/18 430/20 432/3 432/20 432/21 434/3

 434/6 434/24 435/15 435/18 437/14 439/9 440/11 440/12

 440/13 440/19 445/19 446/4 448/2 461/17 463/20 479/22 480/8

 483/5 502/4 517/13 518/8 520/24 526/19 527/14 527/16 528/11

 529/8 531/14 535/15 536/13 536/18 537/17 543/9 543/10

 544/12 544/14 545/18 545/20 545/22 545/23 546/13 546/24

 547/10 547/11 547/17 547/21 547/22 555/3 556/23 557/19

 557/21 562/8 562/13 567/12 569/21 569/24

know/we [1] 562/13

knowing [1] 434/21

knowingly [2] 473/8 568/22

known [1] 467/20

knows [1] 494/4

Kyle [2] 514/16 514/17

L

label [1] 561/23

lack [1] 466/13

Ladies [1] 529/24

lady [2] 522/14 524/10

landline [25] 465/5 467/4 467/16 467/23 467/25 468/2 468/3

 468/6 468/14 468/16 471/16 471/21 478/2 495/21 497/20

 498/20 498/22 498/25 502/25 505/13 506/15 506/17 507/7

 544/14 553/7

landlines [11] 410/16 465/16 467/21 469/15 472/1 472/2 472/4

 475/21 497/19 546/24 547/6

language [1] 496/21

large [2] 493/4 546/11

larger [1] 445/4

last [20] 408/14 408/15 409/7 409/8 409/12 421/9 426/11

 433/12 438/16 441/20 442/24 442/25 443/3 454/2 470/21

 470/23 472/10 473/19 504/13 504/24

lasted [3] 525/7 526/1 526/25

lasts [1] 479/24

later [9] 408/13 473/5 474/9 491/19 524/21 554/13 554/14

 559/3 561/1

Laun [2] 408/10 463/3

launched [1] 479/23

law [17] 457/23 458/7 458/8 460/12 462/18 465/2 471/13

 471/25 474/18 474/25 475/3 475/11 475/15 550/18 569/2 569/4

 569/15

lawsuit [1] 465/23

lawsuits [1] 466/1

lawyer [9] 460/17 460/18 460/20 487/5 488/24 493/14 494/7

 507/9 526/10

lawyers [11] 423/5 423/6 454/23 459/3 459/10 459/11 459/15

 459/17 462/25 550/19 560/22

layer [1] 523/2

learn [5] 456/21 456/21 484/16 486/7 550/15

learned [2] 429/15 429/16

least [62] 413/9 438/1 475/12 475/13 497/5 497/11 497/14

 512/1 523/25 531/25 533/13 533/25 534/4 544/1 544/11 544/19

 544/21 546/2 546/4 546/5 546/8 546/10 546/14 547/1 547/2

 547/8 547/9 547/12 547/13 547/15 547/17 547/24 548/1 548/2

 548/4 548/4 548/9 548/9 555/25 556/14 556/20 556/24 556/25

 557/4 557/6 557/25 558/3 558/3 558/8 558/15 558/16 558/21

 558/23 559/2 559/2 559/23 559/23 562/6 562/11 563/15 569/1

 569/5

least' [1] 559/13

leave [20] 408/6 411/17 441/8 457/15 457/18 474/5 476/1

 519/19 520/7 527/10 538/22 538/24 539/23 540/10 548/8 554/9

 554/12 555/11 567/22 567/24

leaves [2] 545/18 548/3

leaving [1] 538/19

left [17] 408/13 417/6 442/14 442/22 494/11 494/23 494/24

 495/9 498/16 499/4 511/12 520/19 521/3 521/23 522/10 526/7

 554/18

legal [2] 476/5 557/1

legitimately [1] 527/23

length [1] 526/5

less [6] 438/24 475/16 475/18 475/19 475/20 492/13

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 184 of 200
L

let [34] 406/5 423/21 424/10 449/13 452/24 453/10 454/23

 455/1 455/21 456/3 456/5 456/6 467/17 468/18 469/1 476/23

 478/25 479/7 479/22 499/11 503/8 534/12 537/23 537/23

 543/24 549/18 553/11 555/3 557/8 561/4 563/25 567/7 569/20

 569/24

let's [29] 411/18 412/20 413/10 415/1 418/3 418/3 418/16

 419/21 420/13 430/7 431/5 438/3 442/24 477/10 480/14 486/25

 501/10 508/23 509/20 514/13 516/22 521/11 521/16 530/19

 558/10 558/19 560/15 561/24 565/23

letter [2] 521/7 522/14

letters [1] 522/8

letting [1] 456/4

level [1] 513/10

liability [2] 410/10 498/11

liable [1] 469/2

lieu [1] 408/7

life [1] 510/5

light [2] 461/22 480/6

like [50] 408/4 412/25 414/14 421/5 426/13 436/14 441/14

 441/17 450/16 454/21 454/22 456/12 457/15 457/17 471/12

 479/17 481/8 483/24 485/3 490/17 498/12 500/15 508/13

 514/18 515/10 517/13 519/12 520/18 523/8 524/21 527/21

 528/9 528/9 533/20 537/25 541/3 544/12 545/24 556/13 557/9

 557/10 557/13 559/15 561/16 561/18 562/3 562/9 562/19 565/4

 568/19

likely [32] 436/4 436/6 477/17 495/17 497/10 497/13 498/25

 499/3 499/8 499/8 500/6 502/7 502/15 503/3 507/3 527/2

 527/11 533/17 533/24 534/25 535/9 535/11 538/7 538/9 541/11

 541/16 542/9 544/5 545/20 546/1 547/11 547/18

likes [1] 458/10

Lily [1] 404/6

limit [1] 425/20

limited [9] 430/15 460/1 460/2 473/17 498/11 515/20 516/23

 543/8 549/23

limiting [1] 434/1

line [46] 408/14 409/8 409/8 415/14 415/18 435/19 439/15

 442/19 442/22 442/23 442/25 465/4 467/3 467/15 467/17

 467/23 471/22 473/18 474/24 475/10 475/13 475/14 478/1

 487/13 490/19 495/21 499/2 505/1 508/11 508/11 508/12

 508/12 509/7 520/15 525/24 526/4 527/19 527/22 533/14 534/2

 544/3 544/14 544/15 544/16 553/9 562/6

lines [12] 413/13 441/16 441/21 444/1 465/16 467/20 469/15

 469/25 473/3 473/4 520/20 552/24

linked [1] 440/13

LinkedIn [1] 549/24

Lisa [1] 540/8

list [72] 416/4 421/25 422/1 422/2 422/10 422/20 422/22 422/25

 423/7 423/10 423/11 423/13 423/16 424/18 425/7 425/20

 428/10 429/25 430/8 430/9 430/19 430/21 430/24 431/3 432/14

 433/19 454/4 459/8 463/17 482/6 482/13 485/14 487/12 487/23

 490/8 490/10 491/9 491/13 491/14 491/15 491/15 491/17

 498/10 498/13 503/22 503/22 503/23 504/7 504/11 504/15

 504/19 512/11 514/8 527/5 528/7 531/14 532/4 532/6 532/8

 532/12 532/12 532/23 533/7 533/8 534/3 544/25 546/20 547/16

 554/16 554/17 554/21 555/8

listed [32] 414/21 415/3 415/5 415/12 416/9 416/14 416/24

 418/18 418/22 419/24 420/11 421/21 425/23 427/15 429/5

 430/18 436/14 438/4 443/18 445/11 445/11 445/12 445/16

 445/20 445/21 445/23 482/17 500/19 501/19 502/7 527/5 545/5

listen [17] 441/6 441/7 457/1 480/14 484/13 488/21 489/21

 513/3 513/8 514/4 514/15 514/16 523/4 527/10 550/11 563/9

 565/4

listened [1] 549/3

listener [1] 480/19

listening [1] 526/22

listing [1] 491/4

lists [24] 412/23 413/23 419/4 419/7 452/12 482/3 482/4 482/4

 482/9 482/10 482/12 482/14 482/17 482/22 483/14 489/24

 490/12 490/21 491/23 501/9 531/15 531/17 536/17 541/7

litigation [1] 466/14

little [13] 416/16 439/25 517/3 523/2 537/3 537/16 548/16

 558/24 559/15 559/18 560/1 562/23 562/24

live [63] 408/7 463/5 477/6 477/7 483/21 484/1 484/17 488/16

 488/18 488/19 488/20 488/24 488/25 489/1 489/1 489/3 489/6

 489/7 489/10 489/11 489/11 489/15 489/16 489/16 489/19

 489/19 489/19 490/1 490/9 490/13 490/22 490/25 490/25

 492/14 492/15 493/13 501/5 501/21 520/6 520/6 521/19 521/25

 522/19 522/24 524/20 526/23 527/8 528/18 535/8 535/23

 535/24 536/3 537/20 538/17 539/23 540/13 540/15 540/20

 540/23 541/1 541/2 543/18 543/20

live connect [1] 488/24

live-connect-only [1] 493/13

lived [5] 423/14 424/8 424/13 424/18 425/20

lives [1] 426/2

living [1] 433/2

LLC [2] 438/8 438/18

LLP [4] 404/4 404/10 404/13 404/16

locate [1] 463/15

locations [1] 466/2

long [4] 525/7 525/9 525/25 526/6

longer [6] 438/16 525/11 559/16 559/18 560/2 562/23

look [47] 409/7 412/16 413/10 414/17 418/16 419/21 420/13

 420/20 421/7 433/25 442/13 444/8 444/9 456/17 477/10 491/11

 491/22 496/4 504/4 508/23 508/24 509/12 510/17 512/8 515/1

 515/11 515/21 516/4 517/7 520/1 520/11 520/17 520/21 524/2

 525/2 525/25 527/2 528/5 528/6 529/17 539/4 543/11 543/14

 557/2 562/23 563/7 567/6

looked [9] 425/9 430/20 438/10 438/15 482/20 488/3 490/10

 543/17 562/25

looking [16] 409/6 424/24 434/17 434/24 435/1 437/21 438/9

 439/10 439/12 442/8 444/18 447/8 448/20 448/20 452/1 493/2

looks [3] 441/17 519/16 563/1

loop [1] 496/12

LORI [5] 403/4 465/9 527/7 544/10 548/12

Lori Wakefield [1] 544/10

lose [1] 556/16

lot [10] 409/22 444/3 488/23 502/8 508/6 508/7 508/8 519/24

 519/25 524/22

lots [1] 492/25

loud [1] 565/10

low [1] 480/4

lower [2] 558/12 562/10

lowest [1] 562/3

lumped [1] 496/25

lunch [4] 455/15 456/10 548/17 554/2

Luner [1] 404/4

M

machine [82] 413/1 413/11 413/22 414/1 429/24 430/1 430/1

 444/18 477/3 477/3 477/5 477/6 482/4 483/15 484/3 484/9

 484/25 487/19 488/25 489/3 489/6 489/9 489/15 490/18 491/5

 491/7 492/16 492/23 493/12 494/8 494/13 494/16 494/17

 494/18 494/21 494/23 495/6 495/9 495/10 495/25 500/16

 500/21 501/6 501/18 501/20 503/5 503/6 503/11 504/1 504/18

 504/21 504/21 520/22 521/18 521/23 521/24 522/10 525/10

 525/12 526/8 526/14 530/14 531/23 532/1 532/10 538/18

 538/19 538/21 538/23 539/5 539/7 539/8 539/9 539/10 539/13

 539/18 539/24 540/1 540/6 540/9 543/5 543/17

machines [3] 494/8 494/11 494/24

made [48] 409/20 422/11 422/16 424/17 445/4 466/5 466/10

 466/16 466/23 467/2 467/8 467/13 467/22 469/4 469/10 470/3

 471/15 471/19 471/21 473/20 474/21 474/24 475/6 475/9

 475/12 475/13 475/17 477/19 477/24 478/7 481/23 492/1 494/4

 495/18 495/20 498/7 500/6 502/16 504/21 507/7 509/3 512/7

 518/6 533/12 546/22 549/6 555/24 568/8

mail [3] 487/23 512/19 532/6

maintenance [1] 464/3

major [2] 408/23 510/18

make [40] 411/10 416/16 417/19 418/6 430/14 451/5 457/9

 462/3 465/3 466/17 468/15 481/6 486/25 490/18 492/14 494/15

 495/10 498/5 498/21 499/17 500/16 503/11 506/16 507/25

 508/15 518/14 524/5 524/12 525/20 526/12 527/3 529/17

 539/19 550/14 553/14 555/1 561/4 561/18 562/24 569/7

makes [7] 430/1 460/12 465/2 494/20 534/22 560/6 561/17

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 185 of 200
M

making [12] 409/8 465/7 465/14 465/17 468/19 469/14 469/23

 479/8 480/19 492/4 497/17 537/17

Manager [4] 487/19 531/22 531/23 540/18

manipulated [1] 510/3

manner [2] 461/19 524/17

manual [8] 446/6 446/15 520/1 520/7 520/23 521/10 521/11

 521/22

manual's [1] 446/8

manually [1] 438/19

many [49] 413/4 413/11 413/19 432/3 432/21 433/21 434/3

 434/21 434/24 436/22 437/18 442/5 442/7 442/10 443/21 444/1

 444/17 445/23 448/21 449/11 466/2 470/6 472/8 472/15 482/20

 492/4 492/11 497/2 497/3 500/5 502/24 509/15 511/6 511/6

 526/19 531/10 536/18 543/3 544/4 544/21 546/13 546/13

 546/15 546/15 546/24 547/16 547/19 547/23 565/18

mark [1] 555/21

marked [4] 426/23 426/25 427/20 509/22

marketing [17] 481/25 482/18 482/19 482/21 492/18 532/2

 534/14 534/18 534/21 535/1 535/3 535/4 535/6 535/10 538/11

 541/20 542/14

Mary [25] 450/15 450/16 453/2 455/7 455/13 456/9 463/20

 471/5 476/12 551/20 552/8 552/15 553/22 554/10 554/11

 554/16 554/19 555/4 555/4 560/15 565/11 566/11 567/4 568/8

 569/24

Mary's [1] 554/21

mass [1] 547/16

massive [1] 522/7

Maston [1] 404/10

material [1] 464/18

materials [5] 464/19 464/21 464/22 550/14 568/24

math [3] 417/13 450/6 545/3

matter [14] 464/5 471/13 471/24 474/18 474/25 475/3 475/11

 475/15 497/16 531/6 550/5 569/2 569/4 569/15

matters [2] 474/1 570/1

may [75] 409/25 411/22 411/25 412/11 423/1 425/6 425/13

 425/13 425/13 426/20 426/21 430/5 430/15 433/21 440/15

 440/23 440/24 441/6 448/9 452/17 453/3 454/15 456/1 457/14

 457/25 458/15 459/5 459/7 459/25 460/2 460/4 460/7 460/20

 460/21 461/1 461/10 461/12 461/16 461/25 462/4 462/5 462/10

 462/12 462/25 463/18 463/23 464/3 464/8 464/13 468/8 468/10

 476/20 481/13 498/15 505/6 513/12 514/1 514/2 521/10 525/16

 529/8 530/5 551/5 551/19 552/1 552/1 555/7 562/6 562/8

 567/19 567/21 568/1 568/1 568/1 571/11

maybe [25] 474/12 487/24 500/20 500/20 500/21 511/23 519/6

 519/6 520/7 525/9 525/10 531/20 535/21 538/20 538/21 542/6

 542/6 543/1 547/22 557/17 558/10 562/2 562/17 562/18 562/20

me [80] 406/5 423/21 429/9 431/6 434/20 435/21 435/25 436/18

 436/25 441/15 442/20 443/3 443/12 443/14 443/19 444/2

 444/20 446/11 449/13 450/1 452/24 453/10 453/12 455/1 456/3

 456/7 457/1 457/4 457/8 467/17 468/18 469/1 471/5 474/3

 476/23 478/25 479/7 480/23 499/11 503/8 507/10 514/6 514/7

 527/10 528/7 528/7 528/12 531/10 534/12 537/23 537/23

 543/24 550/22 551/19 551/22 552/4 553/11 554/19 555/3 557/8

 557/9 557/13 558/24 559/6 559/16 559/20 560/10 560/23 561/1

 561/4 561/6 561/17 563/1 563/6 563/25 564/7 567/7 567/16

 568/14 569/20

mean [17] 412/20 413/18 417/11 427/15 442/9 445/3 466/16

 483/1 485/3 508/3 512/8 516/18 517/3 517/21 521/20 529/3

 545/15

meaning [1] 468/8

means [30] 413/19 414/10 424/3 427/9 445/12 454/18 458/11

 458/21 461/3 468/19 469/18 479/5 479/7 483/2 491/16 499/19

 516/25 519/7 520/23 526/11 529/4 529/7 533/2 533/16 534/22

 536/5 536/11 537/13 547/12 549/21

meant [2] 517/25 540/24

media [4] 549/25 550/1 550/11 550/22

meet [13] 422/2 490/6 508/17 508/18 509/17 516/14 518/17

 520/5 524/6 528/15 528/16 529/12 529/19

meeting [4] 514/18 514/21 516/23 534/17

member [16] 442/3 466/12 466/12 466/14 469/22 470/1 472/20

 477/12 495/18 502/13 512/15 512/18 532/13 548/21 551/21

 551/23

member's [6] 467/14 467/15 475/10 477/25 478/1 495/20

members [34] 430/16 454/20 455/4 455/23 456/11 457/22

 463/24 465/17 466/18 467/9 470/8 471/16 472/3 472/7 472/13

 472/24 473/1 475/7 475/17 476/16 477/13 477/20 486/15 500/1

 508/13 511/14 511/24 534/2 538/15 550/1 551/21 553/25

 560/18 564/15

memo [1] 539/24

memory [4] 459/16 461/18 524/14 544/9

mention [1] 452/4

mentioned [5] 438/19 451/11 465/20 491/3 503/9

menus [1] 455/14

merits [2] 466/17 549/19

message [101] 426/15 427/9 446/12 446/16 465/6 468/20 469/6

 469/9 469/11 469/16 472/6 472/12 472/16 473/21 479/8 480/8

 484/6 484/6 484/10 484/14 484/14 484/24 484/25 485/10

 485/19 485/20 485/25 485/25 486/23 487/9 487/10 487/16

 487/25 488/3 488/5 488/15 488/21 490/12 490/15 490/17

 490/18 492/25 493/7 493/11 494/3 494/20 495/4 500/21 500/25

 501/1 501/7 501/23 502/9 509/5 510/10 511/15 514/4 515/2

 520/18 520/19 520/25 521/23 525/22 526/7 526/18 526/20

 526/21 530/21 531/2 531/10 531/13 531/18 531/25 531/25

 532/11 532/19 532/21 533/4 533/7 534/10 536/4 536/10 538/22

 538/24 539/3 539/4 539/6 539/10 539/11 539/15 539/18 539/19

 539/23 540/2 540/11 540/25 542/14 544/12 545/7 545/9 546/5

messages [70] 465/18 472/14 472/17 477/4 477/12 477/12

 478/4 478/8 478/11 478/24 479/14 479/15 479/18 480/14

 481/17 481/17 481/22 481/23 482/1 484/10 484/11 484/11

 484/13 490/7 490/25 492/17 493/12 493/13 493/22 493/23

 494/5 494/11 494/13 494/17 494/23 495/6 495/8 495/11 495/15

 500/7 504/23 511/13 512/15 515/16 517/8 517/13 517/15

 517/18 520/7 521/3 522/10 525/5 525/6 525/15 526/5 530/15

 531/8 535/12 536/19 537/21 538/13 538/19 539/13 539/20

 540/6 541/5 543/23 544/8 544/11 544/24

messaging [1] 549/22

met [3] 495/15 509/16 510/25

metabolism [1] 480/3

method [1] 508/21

MICHAEL [1] 403/13

Michigan [1] 503/20

microphone [2] 407/8 423/24

mid [1] 471/4

mid-morning [1] 471/4

middle [1] 511/10

might [8] 436/21 451/18 460/25 501/12 501/12 526/12 547/25

 547/25

Miller [1] 404/16

milligrams [1] 480/2

million [27] 416/20 428/2 475/17 508/14 510/22 510/24 512/10

 513/1 515/4 516/13 522/12 523/24 534/9 534/11 538/9 542/12

 545/4 546/2 546/4 546/6 546/12 547/2 547/10 547/13 548/3

 548/4 548/9

millions [3] 477/4 477/5 494/4

mind [6] 441/7 509/25 557/21 563/10 567/16 568/14

minor [3] 406/6 406/6 408/21

minute [6] 453/12 471/4 525/23 526/20 526/25 567/16

minutes [12] 409/17 447/5 448/18 448/25 456/13 456/15

 474/12 537/12 543/24 554/13 554/14 568/15

misleading [1] 551/6

misread [2] 553/12 553/14

missed [3] 451/18 451/20 509/11

missing [4] 407/2 508/9 516/9 545/6

mistake [1] 554/17

mistaken [3] 431/20 516/4 521/12

mistakes [2] 462/3 553/14

mistrial [1] 551/14

mobile [64] 410/5 410/9 410/15 423/14 465/3 465/15 467/14

 467/18 468/1 469/15 469/25 471/15 473/3 473/23 475/10

 475/13 475/19 477/25 495/19 496/1 496/6 496/10 496/24 497/3

 497/6 497/7 497/11 497/14 497/15 497/18 498/16 509/7 510/13

 511/4 511/6 511/9 518/24 534/1 534/10 541/5 541/11 541/17

 541/24 542/10 542/11 542/15 544/20 546/5 546/10 546/12

 546/13 546/15 546/19 547/1 547/3 547/8 547/13 547/21 548/4

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 186 of 200
M

mobile... [5] 548/9 552/23 553/4 555/23 556/1

model [1] 509/14

Molalla [2] 502/18 526/1

moment [14] 417/9 430/4 432/5 450/25 452/5 453/10 453/13

 453/20 478/15 485/15 510/1 513/11 530/5 564/24

moments [5] 455/24 456/18 560/22 567/14 568/14

Monica [2] 404/5 404/5

monitor [1] 463/12

month [1] 486/10

months [5] 491/24 491/25 492/16 506/23 513/2

more [82] 434/16 435/7 435/9 435/11 435/12 440/2 440/5

 444/10 444/12 449/5 454/7 455/25 458/22 460/10 463/24

 465/14 466/23 467/8 467/9 469/24 469/25 477/8 477/17 477/19

 477/20 480/14 483/8 484/12 484/16 486/7 486/11 486/11

 492/19 492/22 493/2 493/5 493/22 495/17 497/10 497/13

 498/24 499/3 499/7 499/8 500/6 502/7 502/14 502/16 503/2

 507/3 522/7 522/17 523/21 526/25 533/16 533/20 533/24

 534/11 534/25 535/9 535/11 537/24 538/4 538/4 538/7 538/9

 538/9 541/11 541/16 542/9 542/12 544/4 545/20 545/20 545/21

 546/1 547/11 547/18 547/21 547/25 548/16 551/20

morning [6] 412/8 426/10 426/12 471/4 477/2 507/23

most [10] 497/7 534/5 536/24 536/24 537/3 537/14 537/15

 540/9 545/24 547/21

motion [7] 473/12 474/4 475/25 476/4 476/4 569/2 569/3

motions [7] 405/8 471/10 474/4 474/5 474/7 474/10 569/2

move [9] 449/19 471/12 471/17 474/17 474/25 475/3 475/11

 475/15 521/16

moved [2] 424/14 433/5

moves [1] 471/24

moving [1] 447/13

Mr [6] 405/9 405/10 405/11 407/7 427/6 456/7

Mr. [123] 411/18 411/20 411/21 411/24 412/9 412/11 412/16

 414/9 414/9 414/11 414/21 415/20 415/25 417/5 417/9 417/15

 417/19 424/2 426/10 426/23 427/23 429/9 430/7 431/16 435/2

 439/13 441/2 441/11 441/14 441/19 443/2 443/11 443/18 447/3

 449/4 449/16 449/19 449/20 449/20 450/8 452/16 452/18

 452/19 454/20 473/24 474/11 475/23 481/24 481/24 482/2

 482/8 482/14 482/16 482/22 482/22 483/13 484/18 485/3

 486/17 486/22 487/8 488/3 489/22 490/1 490/4 490/10 490/10

 490/20 491/3 492/6 492/21 496/12 497/22 498/6 498/13 500/7

 500/23 501/8 501/16 501/23 505/8 507/15 507/19 507/19 510/3

 511/7 511/18 514/2 514/23 516/3 516/25 517/7 517/12 517/24

 518/3 518/4 518/19 518/20 519/3 519/20 520/16 522/21 522/22

 527/22 529/10 530/1 531/12 531/19 532/5 532/19 533/4 535/13

 537/9 539/1 539/8 540/12 540/14 541/1 542/13 544/6 544/22

 545/13 548/15

Mr. Apodaca [1] 454/20

Mr. Berger [1] 529/10

Mr. Call [1] 522/22

Mr. Call's [2] 516/25 517/7

Mr. Davis [36] 411/18 411/20 411/24 412/9 412/16 426/10

 426/23 427/23 429/9 430/7 435/2 439/13 441/2 441/11 441/14

 441/19 443/2 443/11 443/18 447/3 452/16 482/2 482/22 497/22

 498/6 498/13 500/7 501/8 501/16 510/3 511/18 518/4 518/19

 519/20 520/16 544/22

Mr. Davis' [2] 518/20 545/13

Mr. Dovel [9] 411/21 412/11 417/9 424/2 431/16 449/4 449/19

 475/23 548/15

Mr. Eves [1] 505/8

Mr. Foster [6] 449/20 450/8 452/18 452/19 507/19 519/3

Mr. Franzini [8] 484/18 485/3 507/15 511/7 516/3 518/3 527/22

 544/6

Mr. Gidley [40] 414/9 415/20 415/25 417/5 417/15 417/19

 481/24 481/24 482/8 482/14 482/16 483/13 486/17 487/8 488/3

 489/22 490/1 490/4 490/10 490/20 492/6 492/21 496/12 500/23

 517/12 517/24 522/21 531/12 531/19 532/5 532/19 533/4

 535/13 537/9 539/1 539/8 540/12 540/14 541/1 542/13

Mr. Gidley's [8] 414/9 414/11 414/21 482/22 486/22 490/10

 491/3 501/23

Mr. Nick [1] 514/23

Mr. O'Neal [7] 449/16 449/20 473/24 474/11 507/19 514/2

 530/1

Ms [4] 503/23 504/13 504/20 506/5

Ms. [77] 430/18 445/19 446/1 452/7 465/9 465/13 466/3 466/20

 466/21 466/24 467/3 467/6 467/10 467/14 467/25 468/2 468/9

 469/22 470/2 470/7 470/9 470/11 473/15 474/18 474/22 474/24

 475/2 475/8 475/18 477/21 477/25 486/18 486/23 487/9 488/4

 491/12 495/19 499/23 499/25 502/12 502/13 502/15 502/17

 502/21 503/16 503/18 503/19 503/25 504/10 504/11 504/19

 504/25 505/6 505/8 505/16 506/7 507/5 508/24 515/9 524/10

 524/13 525/14 526/8 526/18 527/16 527/23 532/20 533/8

 533/15 537/25 544/1 552/18 556/4 561/6 561/13 564/18 565/16

Ms. Cornett [4] 556/4 561/6 561/13 564/18

Ms. Eves [1] 503/19

Ms. Lori [1] 465/9

Ms. Wakefield [45] 430/18 445/19 452/7 465/13 466/3 466/20

 466/21 466/24 467/6 467/10 469/22 470/2 470/9 470/11 473/15

 474/22 475/2 475/8 475/18 477/21 486/18 486/23 487/9 488/4

 491/12 499/23 502/15 502/17 502/21 503/16 503/25 504/10

 504/25 505/16 506/7 507/5 515/9 524/10 526/8 527/23 532/20

 533/8 533/15 537/25 544/1

Ms. Wakefield's [26] 446/1 467/3 467/14 467/25 468/2 468/9

 470/7 474/18 474/24 477/25 495/19 499/25 502/12 502/13

 503/18 504/11 504/19 505/6 505/8 508/24 524/13 525/14

 526/18 527/16 552/18 565/16

much [13] 441/15 452/17 460/14 462/17 475/23 492/22 507/11

 507/15 529/24 530/1 548/15 564/10 567/11

multiple [6] 440/3 440/19 443/17 466/1 475/6 530/20

multitask [1] 457/6

must [33] 429/21 442/11 458/5 458/8 458/9 458/11 458/18

 458/21 459/23 460/2 460/24 460/24 461/3 462/22 464/21

 466/17 466/21 467/6 468/4 468/7 469/3 470/9 516/12 516/18

 517/15 535/19 548/25 548/25 549/12 549/14 550/4 556/8 570/1

my [63] 408/21 409/6 410/18 410/19 411/19 411/24 429/23

 430/9 432/6 432/15 436/22 441/7 442/12 445/9 450/6 452/10

 453/10 455/25 456/20 457/23 458/3 458/17 464/15 470/15

 474/6 476/4 485/14 486/18 488/4 505/15 507/12 508/5 508/19

 508/19 511/12 514/7 514/7 515/23 522/10 522/20 523/9 524/8

 524/11 526/11 528/9 528/12 528/16 529/6 530/9 530/10 532/14

 548/12 548/12 548/13 553/15 554/2 554/10 557/8 557/21 558/8

 558/12 558/19 561/24

myself [1] 438/21

N

name [21] 421/8 421/9 436/11 436/12 436/14 438/16 438/23

 438/24 442/10 444/11 445/15 445/15 491/8 494/1 498/2 498/4

 510/5 515/18 538/15 542/2 542/20

named [5] 430/23 431/2 444/13 465/9 520/14

names [17] 438/16 439/14 439/19 440/7 440/14 440/20 442/9

 443/12 443/13 443/15 443/20 444/19 482/5 482/6 491/16

 509/24 520/15

Nash [1] 404/16

natural [1] 479/24

nature [1] 472/2

nauseam [1] 430/8

nearly [1] 525/18

necessarily [7] 440/1 461/14 462/15 468/15 498/21 506/16

 556/20

necessary [1] 551/18

need [14] 408/15 422/24 441/15 463/21 473/24 475/24 499/7

 502/14 507/4 554/12 555/11 557/14 568/18 569/10

needed [1] 492/16

needs [4] 410/19 454/21 539/10 569/9

neglected [1] 455/19

neither [3] 422/14 428/14 466/8

Neon [7] 479/23 481/7 481/9 481/10 481/21 483/11 494/2

network [1] 541/20

never [8] 469/11 469/11 490/11 490/20 490/21 541/1 559/17

 563/2

new [11] 418/24 479/22 481/7 481/8 481/18 481/19 481/21

 483/10 486/9 493/11 537/2

newest [1] 481/10

news [1] 550/11

next [17] 412/1 415/14 420/13 430/5 453/4 454/21 481/4 485/7

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 187 of 200
N

next... [9] 485/21 486/1 503/2 513/8 514/15 525/5 546/16 569/8

 569/22

nice [1] 524/10

Nicholas [1] 404/16

Nick [1] 514/23

nine [5] 491/19 491/21 493/9 504/9 536/22

no [173] 

No one [1] 489/16

No. [12] 406/10 408/7 466/23 466/25 467/2 467/8 467/11

 467/13 483/17 555/18 566/24 567/1

No. 1 [4] 406/10 466/23 467/8 555/18

No. 12 [1] 408/7

No. 17 [1] 483/17

No. 2 [2] 466/25 467/11

No. 3 [2] 467/2 467/13

No. 7 [1] 566/24

No. 8 [1] 567/1

nomenclature [1] 476/4

non [6] 418/15 420/18 448/14 449/9 464/7 464/9

non-juror [2] 464/7 464/9

non-U.S [2] 448/14 449/9

non-winBack [2] 418/15 420/18

nonconfidential [1] 567/24

none [4] 446/14 461/13 518/6 528/8

North [1] 404/11

not [299] 

note [8] 463/19 463/23 522/25 539/25 551/19 552/6 554/9

 555/17

notebook [1] 457/17

notebooks [1] 443/11

notes [6] 453/10 457/9 457/17 567/20 567/24 567/25

nothing [3] 406/7 407/13 570/3

notice [1] 437/3

noticed [5] 406/7 408/12 408/17 425/8 444/10

notify [1] 551/16

now [90] 407/15 408/23 413/22 414/2 415/1 415/14 416/23

 418/3 418/5 418/7 418/14 419/9 419/23 420/13 420/17 420/24

 421/24 422/1 422/23 436/7 436/25 438/3 439/13 441/7 444/24

 445/9 446/5 447/5 447/19 450/13 450/20 452/7 454/22 456/6

 457/22 461/5 463/9 464/25 466/19 468/18 469/1 470/16 474/10

 477/14 478/3 479/21 481/14 481/15 482/16 484/17 485/11

 486/4 488/14 489/2 517/25 519/9 521/2 521/7 523/24 524/25

 528/24 530/18 530/22 530/23 530/25 531/12 531/14 532/4

 533/1 533/10 535/12 535/23 536/17 539/14 540/12 541/4

 541/10 543/24 544/18 545/11 546/9 547/14 547/19 553/15

 559/2 564/7 567/18 568/2 568/12 569/7

nowhere [1] 427/13

nuisance [1] 413/1

number [232] 

numbered [3] 408/14 408/18 409/7

numbering [1] 407/15

numbers [144] 409/7 410/13 420/20 420/25 421/13 421/21

 426/2 427/24 428/3 428/8 428/18 428/21 428/22 429/5 429/9

 430/11 431/17 431/21 431/25 432/3 432/15 432/18 432/18

 432/22 432/24 432/25 433/4 433/8 433/14 433/14 433/21

 433/22 434/2 434/4 434/10 434/21 434/25 435/4 435/5 435/6

 435/22 435/25 436/2 436/4 436/9 436/10 436/15 436/20 437/1

 437/4 437/5 437/6 437/7 437/18 437/23 438/4 438/6 440/12

 440/18 440/19 444/3 444/9 444/10 444/25 444/25 444/25 445/4

 447/7 447/8 447/21 447/21 448/13 448/14 448/14 448/14

 448/21 449/9 449/9 449/10 451/4 451/4 451/11 452/2 467/20

 482/5 494/12 495/24 496/24 496/25 497/5 497/6 497/11 497/12

 497/15 497/16 497/18 497/19 498/7 498/13 498/16 498/16

 498/17 499/4 499/5 499/5 501/9 501/10 501/10 502/2 502/19

 502/23 509/25 510/4 511/3 511/4 511/4 514/10 518/16 518/21

 518/23 518/23 518/24 519/2 531/16 541/6 541/7 541/9 541/19

 542/10 542/10 542/15 545/11 545/11 546/13 546/13 547/2

 547/3 547/8 547/8 547/13 554/10 556/5 561/8 561/24

numerically [1] 552/4

O

o'clock [2] 474/13 476/10

O'Neal [10] 404/10 405/10 407/7 449/16 449/20 473/24 474/11

 507/19 514/2 530/1

O'Toole [6] 491/13 491/15 504/7 509/21 518/2 542/25

oath [6] 458/13 462/24 489/17 535/2 551/1 551/11

object [4] 430/2 459/18 460/20 513/18

objecting [1] 410/13

objection [35] 410/3 410/17 413/12 417/8 422/23 423/20 424/2

 424/10 424/19 425/11 447/10 447/23 448/8 448/16 450/23

 451/7 451/14 451/21 454/6 454/11 459/20 460/20 460/22

 460/23 478/13 485/12 486/24 513/12 513/12 513/13 513/15

 513/16 514/1 555/3 555/3

objections [7] 409/15 409/18 453/16 453/21 459/17 559/7

 563/25

objects [1] 410/4

observing [1] 425/14

obtain [1] 464/18

occurred [1] 522/5

October [1] 491/25

off [24] 419/20 424/12 424/24 429/15 434/20 437/15 441/17

 444/17 476/21 480/16 480/18 480/21 480/24 481/1 481/3

 481/12 481/16 488/5 493/10 510/5 510/18 528/7 530/24 554/19

offer [10] 453/5 453/19 480/10 480/16 480/19 480/21 480/24

 481/1 481/5 481/11

offered [3] 481/17 481/18 488/5

offering [3] 479/21 480/18 486/6

offers [1] 460/17

offhand [3] 435/10 438/12 442/7

official [2] 554/17 571/12

officially [2] 567/18 567/19

often [1] 462/3

oh [4] 480/5 531/19 534/16 543/18

okay [39] 409/15 411/14 412/4 418/1 424/11 427/23 429/4

 429/13 431/5 431/15 431/23 431/25 432/24 433/3 433/7 433/12

 435/2 436/25 442/1 443/6 444/20 446/5 455/1 455/4 456/9

 457/9 457/20 493/2 500/1 515/15 519/16 527/9 553/21 558/10

 560/12 561/16 563/24 564/5 564/9

old [1] 407/15

once [9] 496/25 503/24 503/24 504/12 504/12 504/18 506/19

 519/16 542/18

one [162] 407/4 407/19 408/3 409/4 412/25 413/10 416/20

 417/9 418/17 420/6 420/6 420/13 421/12 421/14 429/10 429/19

 430/4 434/16 435/7 435/9 437/12 438/12 438/17 440/5 440/8

 443/9 444/11 445/20 449/2 449/2 449/5 450/8 450/22 450/25

 452/5 452/22 453/6 453/10 453/12 453/13 453/20 455/8 455/8

 455/19 460/10 463/24 465/9 465/14 465/22 466/23 467/8 467/9

 469/24 469/25 475/12 475/13 477/8 477/19 477/20 478/15

 481/14 482/6 483/13 483/24 484/13 484/21 485/15 486/1 488/4

 489/8 489/16 491/5 491/22 493/22 494/12 496/2 498/10 498/11

 500/15 500/16 501/20 501/20 502/16 503/5 503/13 503/13

 504/7 504/16 504/20 507/4 509/9 509/17 510/18 510/19 511/24

 512/23 513/11 514/15 514/22 515/2 515/3 515/3 515/17 517/17

 518/3 518/5 519/4 519/4 519/7 520/18 522/3 522/9 522/14

 525/4 526/19 526/20 527/6 527/7 527/21 528/24 529/8 529/15

 530/16 530/22 531/25 532/12 533/13 533/25 534/4 534/24

 535/4 535/15 535/16 535/19 536/1 536/7 536/7 537/10 537/11

 538/14 539/5 540/6 540/8 542/8 543/19 544/1 544/19 546/10

 546/14 547/15 547/17 548/20 551/20 555/17 555/25 557/17

 559/3 559/25 560/19 565/5 569/4 570/7

one-and-one-half [1] 515/3

one-hour [1] 407/4

one-minute-plus [1] 526/20

ones [29] 409/20 415/25 416/9 416/14 416/24 417/3 417/11

 417/15 417/15 417/19 421/22 433/18 433/19 472/22 482/18

 483/7 489/25 500/11 501/18 501/21 502/1 502/6 535/13 535/14

 539/2 539/3 542/10 543/9 544/23

only [46] 410/15 410/16 423/9 423/12 425/12 426/25 430/15

 433/24 445/19 452/8 459/5 459/25 460/2 461/7 461/8 464/5

 473/18 480/5 480/22 481/2 487/12 490/13 493/13 497/20

 499/11 506/24 506/25 515/19 516/18 517/5 521/3 535/9 535/14

 537/5 542/5 543/8 549/1 549/5 549/12 550/25 551/24 553/5

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 188 of 200
O

only... [4] 553/8 555/9 555/23 558/14

oOo [1] 571/4

open [23] 406/3 412/6 421/5 471/7 476/15 476/22 479/20

 484/23 485/2 485/8 485/18 485/23 486/3 486/20 493/25 509/24

 551/24 554/8 555/15 560/16 563/10 564/13 568/16

opened [2] 448/7 451/8

opening [14] 459/12 478/9 478/15 478/20 478/22 488/7 488/23

 493/14 499/24 508/5 513/9 515/23 520/3 523/4

operate [2] 463/14 463/22

operating [1] 489/9

operation [1] 464/10

operators [1] 538/17

opinion [6] 431/4 450/24 450/25 451/7 458/16 549/7

opinions [2] 458/10 563/11

opportunity [5] 461/17 474/7 481/13 484/16 559/6

opposed [2] 425/14 497/21

opposing [1] 554/25

opposite [1] 414/25

option [20] 557/18 561/21 562/1 562/2 562/10 562/11 562/12

 562/16 562/17 562/22 563/3 563/3 563/3 563/4 563/5 563/6

 563/9 563/14 563/16 563/17

options [3] 560/1 561/20 563/21

oral [2] 474/8 568/23

orally [1] 560/23

order [8] 413/7 429/20 461/1 510/4 510/23 519/13 520/5 569/19

ordered [4] 413/8 550/5 554/3 554/3

ordering [1] 456/10

ordinary [1] 468/8

OREGON [2] 403/2 403/7

organization [1] 487/13

original [3] 455/7 552/8 571/8

originally [2] 527/7 557/17

other [78] 409/20 416/8 418/14 418/25 419/6 419/7 419/19

 420/6 427/14 429/21 431/18 432/7 433/15 433/21 433/22

 433/25 434/14 434/19 434/20 435/4 435/15 435/19 452/2

 452/22 459/12 460/3 460/18 461/21 461/23 462/7 462/11

 463/14 463/23 464/9 464/14 464/17 465/2 467/9 467/14 469/22

 470/9 475/7 475/17 477/21 477/25 481/21 483/6 495/19 499/23

 500/1 503/13 509/1 513/25 516/25 517/16 517/18 518/5 522/9

 523/7 527/21 533/6 536/18 536/20 540/8 542/1 548/12 548/24

 549/3 549/9 549/14 549/24 550/14 550/15 558/6 558/21 559/4

 568/20 569/8

others [5] 458/19 462/12 545/24 559/14 562/21

otherwise [11] 411/9 471/15 471/18 471/22 472/5 473/8 475/4

 517/21 517/23 542/22 552/4

ought [1] 520/7

our [27] 407/18 410/3 410/6 421/5 454/4 470/23 475/22 475/22

 478/23 479/22 480/25 481/6 481/8 481/10 481/12 495/6 530/22

 542/3 546/15 546/17 546/21 547/7 553/11 555/21 561/22

 564/25 567/11

out [84] 407/23 408/13 410/5 410/6 410/20 411/10 420/21

 428/23 437/25 438/22 440/22 449/8 455/14 456/2 456/4 458/18

 461/6 468/11 476/12 480/16 480/24 482/9 487/17 495/25

 496/23 497/4 497/5 498/6 498/11 498/11 498/12 498/13 498/19

 498/24 499/4 501/11 501/18 502/1 502/3 503/18 505/11 505/13

 506/7 506/10 509/22 511/22 514/12 514/19 517/3 522/11

 523/12 525/12 525/20 528/3 528/4 528/8 531/2 531/3 531/7

 531/19 531/20 532/1 536/14 542/1 542/2 543/21 545/4 545/6

 545/10 546/18 551/25 555/1 559/6 560/24 565/10 568/21

 568/25 569/4 569/7 569/9 569/11 569/14 569/22 569/25

outbound [7] 492/10 516/6 536/2 536/23 536/24 537/10 537/19

outcome [38] 412/22 412/23 412/24 412/25 413/5 413/20

 413/22 413/25 414/12 414/17 414/20 415/3 415/4 415/11 416/9

 416/14 416/24 418/17 418/18 418/21 419/23 420/2 420/11

 461/19 466/14 490/16 500/18 500/22 500/23 500/25 501/4

 501/5 501/19 501/19 502/7 502/9 545/5 545/22

outcomes [5] 412/18 413/8 421/19 426/1 500/9

outgoing [1] 492/8

outreach [8] 487/19 489/14 492/9 492/10 492/11 531/22 531/23

 540/18

outset [1] 465/20

outside [5] 431/9 431/12 464/17 551/3 551/16

over [29] 410/1 420/8 428/2 430/8 450/9 453/1 457/14 468/2

 472/9 479/7 480/1 482/3 482/6 486/25 491/16 491/17 492/14

 492/15 494/6 494/19 504/8 505/5 513/1 515/1 522/17 534/21

 537/17 548/22 551/15

overrule [5] 424/10 430/4 453/17 460/20 513/25

overruled [8] 423/2 425/6 448/8 451/8 451/15 451/22 453/24

 485/16

overwhelming [1] 533/21

own [16] 408/4 408/6 446/2 486/16 500/8 500/13 503/5 504/17

 514/7 532/16 535/1 543/2 544/8 544/13 549/6 550/16

P

p.m [5] 480/22 481/2 554/7 555/15 564/13

P47 [1] 453/6

Pacetti [2] 514/16 514/17

Pacific [1] 503/19

page [27] 408/17 414/4 415/1 416/18 416/19 418/19 418/20

 419/21 421/7 441/20 441/21 442/13 442/21 442/24 443/3

 457/21 470/14 470/23 521/6 521/11 521/14 538/16 543/12

 543/14 548/19 552/7 561/5

pages [4] 441/17 441/20 443/21 444/1

paper [3] 441/22 463/17 463/18

papers [1] 567/23

paragraph [3] 408/8 408/18 427/20

parameters [1] 438/24

parents [1] 507/1

part [16] 407/20 407/22 430/23 461/12 462/13 473/12 488/25

 489/13 495/9 508/24 527/6 529/5 530/21 531/18 545/16 545/17

participate [2] 422/5 422/8

particular [19] 413/7 413/9 413/20 419/5 423/12 425/22 428/7

 430/20 430/25 433/18 433/23 434/20 435/20 436/10 445/24

 475/5 511/16 514/11 525/25

particularly [1] 522/21

parties [9] 455/24 462/18 462/20 467/24 468/1 550/18 551/8

 551/10 552/1

parties' [1] 554/15

parts [1] 519/19

party [7] 458/20 458/24 462/20 462/25 465/8 465/19 469/17

party's [1] 550/24

pass [4] 452/25 455/14 456/1 456/4

past [2] 500/2 512/20

patch [1] 521/25

patched [1] 521/18

Patty [1] 503/22

Pause [1] 564/23

PC [1] 404/7

pending [2] 555/13 564/11

people [100] 422/2 422/6 422/19 423/9 423/10 423/12 424/18

 425/20 425/24 430/15 431/9 432/19 432/25 433/4 439/24 440/3

 444/19 456/20 456/21 456/22 462/3 462/4 466/2 477/5 477/7

 480/12 483/14 487/12 487/13 487/13 488/18 489/1 489/1 489/4

 489/4 489/6 489/7 489/7 489/11 489/11 489/16 489/16 489/19

 489/20 490/5 490/6 491/1 491/17 491/20 492/4 492/14 492/17

 492/19 492/24 492/25 493/4 493/9 494/12 494/19 494/22

 495/25 497/7 497/23 498/1 505/14 512/18 513/1 518/21 519/5

 522/23 524/20 527/9 531/14 532/4 532/12 534/3 536/1 536/18

 536/25 537/7 537/24 538/4 539/16 539/19 539/21 540/23 541/9

 541/10 541/19 541/21 542/2 546/24 547/6 550/1 550/18 568/2

 568/3 568/4 568/5 568/11

people/no [1] 491/1

percent [16] 475/18 479/25 480/1 480/16 480/18 480/21 480/24

 481/1 481/3 481/12 482/22 488/5 493/10 525/1 547/22 547/24

perfectly [2] 533/19 537/11

performed [1] 447/6

perhaps [1] 522/21

period [6] 504/10 513/5 515/20 515/21 516/12 532/24

permit [1] 464/16

permitted [1] 460/19

person [32] 423/7 429/19 429/21 463/8 465/3 465/7 468/22

 469/3 479/10 483/21 484/1 488/19 488/20 488/21 489/15 501/5

 501/21 510/20 511/21 519/7 520/6 520/6 521/5 522/1 522/1

 523/12 532/17 540/15 540/21 541/13 549/20 567/15

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 189 of 200
P

person-to-person [1] 522/1

person/to [1] 489/15

personal [3] 425/1 458/10 528/18

personally [4] 435/17 460/9 537/2 567/15

perspective [3] 562/24 563/8 563/12

persuaded [1] 458/22

persuades [1] 549/7

Phoenix [1] 404/11

phone [37] 418/12 423/14 424/14 435/16 442/9 442/11 447/7

 450/21 471/19 473/22 488/20 496/1 496/1 498/7 499/23 500/16

 502/17 502/17 502/18 504/1 505/25 505/25 514/8 522/24

 524/11 525/21 526/1 527/2 531/16 532/24 537/2 540/21 541/6

 541/10 547/6 549/21 554/10

phones [6] 410/5 410/6 546/25 547/21 552/24 554/12

physical [1] 466/11

physically [1] 537/18

pick [2] 470/22 518/9

picked [6] 500/21 501/6 501/6 510/18 525/10 538/23

picking [1] 548/18

picks [1] 539/8

piece [7] 516/9 519/19 530/11 530/20 531/24 532/13 533/11

pieces [2] 420/5 530/16

pile [1] 546/11

pin [1] 547/23

place [11] 409/4 409/5 422/16 463/7 466/9 469/19 497/3 499/20

 500/4 541/22 553/10

placed [3] 462/24 492/8 540/18

places [1] 470/5

plaintiff [75] 403/5 404/2 405/3 405/5 408/24 409/24 410/4

 410/22 411/1 411/2 411/7 411/25 411/25 430/23 431/2 453/3

 454/12 465/9 466/4 466/12 470/18 470/19 470/21 471/14

 471/17 471/20 471/25 472/5 472/11 472/16 472/19 472/20

 472/22 472/25 473/2 473/6 473/9 473/19 473/25 476/7 476/17

 476/24 488/1 508/3 508/14 508/15 509/22 510/7 511/12 513/6

 514/9 514/25 515/16 515/20 517/21 517/23 517/25 518/8

 518/14 520/21 522/6 523/17 527/14 528/14 528/18 529/12

 529/19 530/2 532/21 553/16 555/24 557/9 569/3 570/2 570/3

plaintiff's [16] 410/23 410/24 452/25 470/22 476/24 495/23

 497/24 508/9 512/4 516/10 528/22 528/24 556/17 560/5 563/25

 567/6

plaintiffs [7] 465/24 509/21 510/3 510/22 520/15 522/12 538/5

plan [3] 411/19 411/24 474/6

planning [2] 407/17 455/13

plausible [1] 522/15

play [33] 425/1 427/12 465/6 465/18 469/6 469/9 484/12 484/12

 484/18 484/19 484/21 485/4 485/7 485/11 485/21 486/1 486/11

 490/20 493/22 493/24 494/10 501/2 501/4 501/5 502/9 514/5

 522/7 531/10 539/3 539/4 539/6 539/10 539/11

played [55] 414/8 414/13 415/19 416/1 417/5 417/7 417/12

 426/16 427/9 427/15 427/19 446/12 446/16 469/12 472/6

 472/12 472/14 472/14 473/21 473/22 479/20 484/5 484/23

 485/2 485/8 485/18 485/23 486/3 486/20 490/12 490/15 490/17

 493/25 500/22 501/7 501/24 509/5 510/10 511/15 512/15

 512/16 512/17 512/22 512/25 515/17 520/19 520/25 525/6

 526/19 530/17 533/5 536/10 540/7 545/9 546/4

playing [2] 493/23 501/25

please [23] 407/7 412/7 413/14 442/20 449/20 452/19 454/8

 457/6 458/14 471/2 472/9 481/5 485/4 514/5 520/17 551/16

 553/22 560/17 564/14 564/21 565/8 565/11 566/10

plus [4] 511/20 513/2 526/20 546/12

podium [3] 449/19 476/11 476/12

point [19] 468/16 470/25 474/6 493/21 498/22 500/2 502/19

 503/18 506/10 506/17 507/25 508/11 508/11 508/12 508/17

 539/20 540/20 557/22 559/16

pointed [1] 534/13

policy [1] 570/9

poll [1] 566/10

polling [1] 405/14

POM [83] 429/24 429/25 430/1 444/17 477/3 477/5 482/4

 483/14 483/15 483/17 483/22 484/3 484/9 484/25 487/19

 488/24 489/3 489/6 489/9 489/14 490/18 491/2 491/5 491/7

 491/18 492/16 492/23 493/3 493/12 494/7 494/15 494/16

 494/23 495/25 500/16 501/17 503/5 503/6 503/11 503/13 504/1

 504/5 504/17 504/21 504/21 515/13 525/2 530/14 531/23

 531/23 532/9 533/5 533/7 535/15 535/15 535/15 535/16 535/18

 535/21 535/23 535/24 536/3 536/5 536/7 536/15 538/12 538/12

 538/20 539/7 539/23 539/25 540/14 540/15 540/23 541/2

 542/14 542/19 543/2 543/5 543/11 543/16 543/23 544/7

Portland [3] 403/7 404/17 404/23

position [12] 410/6 410/23 427/18 433/3 442/1 444/16 445/17

 445/18 446/1 494/3 560/5 560/8

possible [9] 423/19 424/7 424/13 430/14 439/1 439/2 439/6

 463/4 550/23

possibly [2] 441/22 500/24

post [5] 411/10 556/16 557/1 568/18 569/1

post-trial [5] 411/10 556/16 557/1 568/18 569/1

potential [1] 442/3

potentially [1] 434/22

precise [1] 497/9

precisely [3] 432/5 432/23 497/2

prefer [3] 456/20 456/21 456/22

preferably [1] 554/14

prejudice [1] 461/20

prejudices [1] 458/11

preliminary [1] 458/3

prepare [2] 430/21 430/22

prepared [3] 412/18 520/16 552/11

preponderance [8] 458/21 466/22 467/7 470/13 470/20 474/21

 477/16 533/24

prerecorded [92] 414/8 414/13 415/19 416/1 417/5 417/7

 417/12 417/16 422/14 427/12 427/19 438/1 446/16 465/6

 465/18 466/7 467/1 467/11 469/2 469/3 469/5 469/6 469/7

 469/8 469/10 469/16 469/20 469/25 474/23 475/9 477/4 477/11

 477/22 478/11 478/24 483/20 484/5 484/9 484/25 485/25

 489/20 490/17 490/18 490/22 494/17 499/21 500/7 500/24

 501/15 502/4 503/4 509/5 510/10 511/15 520/19 521/23 522/10

 530/15 531/8 531/25 533/13 534/1 534/10 535/12 536/4 536/8

 536/9 536/10 536/12 536/18 537/21 538/12 539/2 539/3 539/5

 539/10 539/15 539/20 540/2 540/6 540/25 541/5 542/14 543/23

 544/2 544/7 544/10 544/12 544/20 544/24 545/3 546/4

present [16] 406/3 412/6 463/6 464/4 471/7 473/7 473/9 476/15

 516/7 518/1 535/2 554/8 555/15 560/16 564/13 568/16

presentation [4] 407/4 508/1 508/9 520/20

presented [11] 458/24 463/5 468/4 470/10 477/10 513/22

 529/14 534/7 543/19 550/25 551/10

preserve [1] 410/3

preserved [3] 409/21 410/12 553/13

preside [1] 548/22

presiding [7] 548/21 548/21 551/20 552/13 553/10 564/16

 566/9

press [39] 483/19 483/20 484/1 484/11 484/17 486/4 486/5

 488/8 488/10 488/11 488/15 488/16 488/17 488/22 489/21

 504/22 515/7 515/8 515/8 515/11 515/17 515/21 515/24 515/25

 517/5 525/1 525/3 532/10 536/7 536/8 540/16 540/22 540/24

 542/18 542/19 542/20 542/23 543/21 550/1

press 1 [1] 488/22

Press 1 for [1] 488/8

pressed [1] 537/6

presses [2] 488/12 488/20

pressures [1] 568/7

Presumably [1] 487/11

pretrial [1] 453/7

pretty [1] 558/17

previous [2] 453/20 526/10

previously [6] 409/20 409/21 410/19 446/5 453/14 554/22

price [3] 479/21 481/15 530/22

primarily [6] 468/17 498/23 499/2 506/18 506/21 507/2

primary [1] 511/18

printed [1] 407/23

printout [1] 441/2

prior [18] 408/15 409/9 409/13 417/11 422/15 465/7 465/19

 466/9 469/13 469/17 469/18 469/21 499/12 499/12 499/17

 499/18 499/22 515/25

probable [2] 436/19 522/17

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 190 of 200
P

probably [15] 408/24 433/4 435/11 438/17 440/2 443/14 458/22

 474/8 477/8 511/18 527/7 529/1 546/1 558/12 569/1

problem [7] 464/2 464/6 464/9 558/2 558/12 558/25 559/1

problems [4] 411/9 431/7 444/24 510/18

procedure [4] 408/19 465/22 465/25 554/23

proceeding [1] 466/15

proceedings [5] 403/12 476/22 551/14 564/23 571/7

process [14] 422/8 422/19 422/25 425/19 433/9 438/3 451/25

 496/8 507/12 538/5 551/3 551/7 551/15 567/9

produce [1] 527/15

produced [1] 535/22

product [8] 480/11 480/13 480/18 480/20 481/10 493/11 493/17

 528/10

production [1] 452/11

products [26] 422/12 466/6 481/13 481/18 481/19 481/20

 481/21 483/2 483/4 483/6 483/9 483/12 486/7 486/9 486/10

 502/21 503/1 509/4 514/20 531/4 531/6 531/7 531/8 531/11

 534/23 545/2

program [1] 541/20

Progressive [4] 487/19 531/21 531/22 540/18

prohibition [1] 469/3

prohibitions [1] 467/18

prohibits [2] 469/14 497/17

Promo [2] 503/17 504/15

promote [1] 534/23

promoter [19] 440/4 479/16 481/16 481/16 481/20 483/9

 487/14 488/6 488/12 495/22 496/3 496/7 497/12 523/9 527/24

 528/11 530/24 530/24 531/1

promoters [16] 482/25 482/25 486/8 486/11 493/16 496/16

 496/23 500/3 513/10 513/10 514/11 523/5 527/5 527/25 528/19

 531/16

promoting [3] 422/12 466/6 545/2

proof [15] 460/8 460/10 461/14 470/20 508/18 508/18 516/14

 522/16 532/15 532/16 533/21 536/14 538/2 538/2 542/7

proper [1] 476/4

property [4] 468/21 468/25 479/10 479/13

proposed [2] 409/1 422/21

proposes [1] 569/21

Propriety [1] 479/25

protect [1] 550/24

protection [2] 464/25 568/10

prove [41] 466/20 466/21 467/6 467/6 469/3 471/18 471/20

 471/22 472/3 472/5 472/21 477/14 477/16 477/17 477/19

 502/13 508/4 508/20 508/25 509/1 509/2 509/9 509/12 510/8

 510/9 510/10 510/11 515/4 517/23 518/9 523/25 524/7 533/12

 533/24 538/1 538/3 538/4 538/6 546/9 547/14 555/24

proved [1] 462/22

proven [4] 474/20 475/5 509/18 546/6

proves [1] 532/13

provide [6] 407/23 455/20 512/9 541/9 541/10 568/9

provided [13] 407/19 414/12 416/10 418/5 419/20 420/3 427/11

 450/1 463/10 463/17 500/8 500/12 538/6

provides [2] 464/20 521/10

providing [4] 421/18 425/7 464/12 496/20

province [1] 425/23

proving [3] 458/20 470/12 508/16

public [4] 468/12 505/11 505/14 506/11

publicized [3] 468/11 505/11 506/7

pull [5] 407/7 499/4 501/18 502/1 543/17

pulled [7] 498/6 498/10 498/11 498/12 498/13 498/24 521/5

purchase [7] 468/21 468/24 479/9 479/13 479/16 479/16 480/9

purchased [1] 483/2

pure [1] 511/11

purpose [20] 445/12 460/1 460/2 460/3 461/4 464/5 464/12

 464/14 468/20 468/23 479/9 479/12 479/15 480/19 481/19

 483/5 483/8 483/11 486/8 502/20

purposes [4] 406/25 445/16 455/13 455/22

put [49] 407/4 408/10 408/12 410/1 410/11 410/13 410/24

 413/6 421/25 440/3 440/11 450/15 456/12 456/15 456/25 457/7

 471/11 473/19 476/11 496/9 497/1 497/1 498/4 505/20 505/22

 505/24 509/15 509/17 509/18 510/1 510/7 510/14 512/14 514/8

 515/14 516/19 516/24 520/16 522/18 524/5 529/9 546/19

 554/24 557/18 557/23 561/24 561/25 562/6 562/10

putting [3] 418/3 437/15 562/19

Pyle [1] 404/16

Q

qualify [1] 514/24

Quarles [2] 404/10 404/13

question [98] 405/13 409/2 410/7 411/8 411/8 417/22 423/3

 424/1 424/20 430/5 431/19 432/6 442/12 447/20 447/25 448/7

 448/10 448/17 448/24 449/1 459/19 460/17 460/20 460/22

 460/23 460/24 464/2 499/3 506/9 507/25 530/21 531/9 532/2

 533/12 533/22 533/23 533/23 534/5 536/13 540/20 544/1

 544/16 546/9 546/16 546/16 546/16 547/20 547/20 551/25

 552/3 552/13 552/19 552/25 553/3 553/6 553/7 553/8 553/9

 554/11 556/2 556/3 556/8 556/8 557/3 557/7 557/12 557/20

 560/19 560/25 560/25 561/5 561/7 561/9 561/10 561/11 561/12

 561/13 561/17 561/20 561/20 562/6 562/7 563/2 563/14 564/10

 565/2 565/3 565/18 565/20 565/21 565/22 565/25 566/1 566/3

 566/4 566/6 566/7 570/7

Question 6 [1] 561/12

questions [22] 410/4 410/14 410/24 426/4 446/19 452/13

 459/17 462/25 463/1 463/8 463/22 505/16 524/19 543/25

 546/22 547/14 548/8 552/10 564/5 564/7 565/1 565/1

quick [1] 476/3

quickly [2] 476/19 503/8

quite [2] 526/15 556/19

quotes [1] 478/18

quoting [1] 478/13

R

Rachel [10] 487/14 513/8 513/8 514/6 523/7 526/18 530/17

 530/25 531/3 531/20

raise [2] 553/22 560/25

raised [1] 451/17

ran [6] 430/9 433/23 438/10 482/18 519/1 538/12

random [2] 510/17 518/22

rather [4] 508/16 508/21 568/6 569/7

RDR [2] 404/22 571/12

re [1] 405/2

reach [12] 494/18 548/24 549/4 549/11 557/11 563/20 569/11

 569/16 569/18 569/20 569/23 569/24

reached [5] 538/21 539/17 552/5 552/12 564/18

reaching [3] 459/5 480/16 480/24

reacting [1] 525/15

reaction [1] 529/1

read [24] 407/16 407/17 446/6 446/10 456/18 457/2 457/3

 457/6 457/8 457/20 458/14 463/3 470/23 517/4 522/21 550/10

 550/21 556/3 558/15 561/4 564/25 565/1 565/10 565/11

reading [8] 429/15 429/16 456/11 456/21 456/23 463/8 470/15

 486/22

reads [3] 446/12 456/23 555/22

ready [6] 408/23 529/16 530/7 552/15 558/23 563/5

real [7] 488/25 489/1 489/4 489/4 509/20 510/5 524/16

reality [1] 546/3

realize [1] 433/7

realized [1] 438/16

really [19] 406/16 431/4 433/20 434/12 442/10 444/18 445/6

 457/6 511/8 525/23 536/13 537/6 547/23 559/19 559/21 562/17

 562/18 562/20 569/20

reason [23] 429/24 439/18 450/20 490/2 490/24 493/12 499/16

 506/6 508/20 508/21 515/24 520/24 523/25 525/6 526/17

 527/18 528/15 528/20 529/11 529/13 540/2 541/19 543/6

reasonable [4] 474/19 476/6 542/20 546/25

reasonableness [1] 461/22

reasoning [1] 493/3

reasons [5] 447/16 471/14 473/12 475/24 507/3

Rebecca [2] 555/18 566/9

Rebecca Cornett [1] 566/9

rebuttal [6] 405/11 454/19 470/22 514/1 529/6 530/3

recall [9] 435/10 435/13 437/12 437/14 438/12 449/3 453/20

 458/12 522/25

receive [4] 473/17 499/13 521/8 563/5

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 191 of 200
R

received [45] 412/10 422/11 427/1 442/11 453/17 453/24

 457/24 459/2 459/6 459/25 460/6 460/17 460/21 460/23 461/5

 463/9 463/18 463/19 464/13 466/5 472/24 473/18 473/20

 485/15 487/23 491/12 495/1 502/22 502/23 503/9 503/16

 503/25 504/3 504/13 507/5 509/7 512/19 519/7 526/10 532/6

 545/1 549/13 554/16 555/17 560/19

receiving [3] 406/20 411/20 568/23

recess [9] 412/5 454/23 454/24 455/14 470/16 471/4 476/14

 555/13 564/11

recipient's [1] 473/22

reckless [1] 473/10

recognize [1] 526/22

Recognizing [1] 473/5

recollection [5] 487/5 487/7 513/24 522/20 527/16

recommended [1] 480/1

record [18] 410/1 410/11 422/15 429/20 461/2 466/8 471/11

 476/21 495/12 514/9 531/3 539/18 543/2 553/13 554/20 561/4

 569/13 571/7

recorded [38] 426/15 463/1 472/6 472/12 472/14 478/4 479/18

 481/25 482/1 483/25 484/6 484/9 485/20 488/15 488/21 490/4

 490/7 490/12 490/15 490/20 490/25 492/17 493/12 493/13

 494/5 495/16 497/17 499/14 500/21 501/1 501/6 501/23 502/9

 503/6 504/23 507/6 525/15 539/13

recording [10] 478/8 483/24 486/5 486/17 486/21 489/21 491/1

 494/2 494/23 526/23

recordings [6] 486/12 486/13 486/13 486/15 494/10 494/24

records [12] 486/16 500/13 502/17 503/5 503/18 506/22 524/12

 526/2 527/3 528/1 532/24 543/7

recovering [3] 472/7 472/13 472/20

Recross [1] 452/14

recycle [2] 457/16 567/23

red [2] 405/3 504/16

red/inactive [1] 504/16

Redirect [2] 446/20 447/1

refer [2] 457/7 463/25

reference [2] 473/13 550/14

referred [2] 427/23 516/3

referring [2] 407/11 561/9

refers [1] 487/14

reflects [1] 466/13

refrain [1] 464/22

refund [1] 528/9

regarding [1] 458/16

regardless [3] 458/24 467/19 497/18

regards [1] 421/13

registered [6] 468/9 468/13 505/7 505/9 505/12 533/14

related [2] 433/22 543/13

relates [1] 496/20

relationship [2] 525/18 528/2

relationships [1] 528/19

relevant [7] 410/9 482/9 482/14 489/25 490/3 515/21 532/24

reliable [1] 519/21

rely [2] 438/21 544/9

remaining [2] 470/23 543/24

remember [18] 433/19 440/18 447/6 459/14 462/4 462/5 470/7

 482/5 508/5 508/23 510/17 513/23 521/7 524/25 527/4 550/6

 551/11 552/3

remembered [1] 448/23

remembers [2] 556/12 557/16

remind [5] 450/1 487/4 493/22 513/21 549/14

reminds [1] 487/6

remove [6] 436/22 447/21 448/12 448/15 449/11 464/22

removed [17] 418/12 418/13 421/4 421/4 421/14 421/15 422/6

 423/7 423/7 434/22 438/19 447/20 450/2 450/2 452/3 542/3

 542/11

removed the [1] 450/2

removing [5] 421/3 425/9 425/24 447/7 451/18

renew [3] 453/16 474/5 476/1

renewed [2] 569/2 569/3

renumbered [1] 407/15

reopen [4] 455/21 456/4 456/6 456/6

reorganize [1] 454/24

rep [1] 555/24

repeat [6] 423/3 423/25 431/11 434/16 448/10 449/5

repeated [1] 522/8

repeating [1] 444/9

rephrase [2] 413/14 416/12

rephrased [1] 417/23

report [3] 550/5 550/22 559/16

reported [2] 538/16 543/22

REPORTER [2] 404/22 571/12

reporting [1] 487/2

represent [2] 415/15 421/1

representation [1] 478/19

representative [5] 465/23 466/3 473/16 530/13 538/1

representatives [1] 465/24

representing [1] 555/9

represents [2] 421/2 442/3

request [2] 456/20 463/18

require [2] 496/17 551/15

required [2] 481/22 498/2

requirement [2] 499/10 499/16

requirements [3] 473/11 478/5 495/15

requires [1] 464/2

research [5] 471/3 550/13 550/17 551/3 568/3

reside [1] 431/12

residential [78] 410/6 410/9 410/16 465/4 465/5 465/16 465/16

 467/3 467/3 467/15 467/16 467/17 467/20 467/21 468/3 468/7

 468/7 468/10 468/13 468/16 468/17 469/14 469/15 469/25

 471/16 471/21 472/1 472/3 473/3 473/18 473/23 474/24 475/10

 475/14 475/20 478/1 478/2 495/20 495/21 497/19 497/21

 498/15 498/17 498/19 498/22 498/23 499/2 499/5 504/25 505/7

 505/9 505/13 506/17 506/18 506/22 507/2 507/7 509/8 510/13

 511/4 511/6 511/9 518/24 533/14 534/2 534/10 541/5 544/3

 544/14 544/15 547/15 547/17 547/22 547/23 548/5 548/10

 552/24 553/7

residents [1] 535/14

residing [1] 545/16

resolve [2] 554/20 555/12

resolving [1] 567/10

resources [1] 523/16

respect [1] 476/4

respectfully [1] 569/21

respond [8] 514/1 529/6 547/9 550/4 557/9 557/10 557/13

 560/24

response [6] 417/9 447/19 473/25 519/12 529/3 561/3

responses [1] 569/15

responsibility [2] 554/15 554/21

responsible [1] 492/5

rest [9] 407/25 412/2 462/13 518/17 519/16 543/25 545/9

 547/22 555/5

restaurant [1] 519/13

rested [1] 529/12

restrictions [1] 551/13

rests [4] 405/5 405/6 454/13 454/17

result [4] 422/19 425/25 447/6 551/14

resumed [1] 476/22

retire [1] 554/5

Retired [1] 554/7

return [3] 452/18 528/9 552/15

reveal [1] 564/6

review [4] 435/2 439/13 463/11 520/17

reviewed [1] 427/6

reviewing [2] 414/11 441/17

revised [1] 409/6

revisit [1] 418/6

ReX [1] 405/3

riddled [3] 431/6 518/20 519/23

right [108] 407/2 407/14 409/22 411/17 412/8 413/2 416/2

 416/6 416/7 416/11 417/17 417/20 417/21 417/23 419/21 421/6

 422/3 422/4 423/1 424/9 425/14 428/6 428/15 428/19 428/22

 429/1 429/4 429/11 429/14 430/17 431/10 431/17 432/10 433/1

 435/23 436/2 436/11 436/16 436/17 441/7 444/6 445/9 445/13

 445/17 446/3 446/9 446/12 447/17 448/6 450/11 450/12 452/16

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 192 of 200
R

right... [56] 453/3 453/14 453/24 454/3 454/12 454/15 454/18

 456/9 474/10 474/12 476/2 476/8 478/19 479/21 481/14 481/15

 487/3 493/4 493/7 503/15 510/6 510/18 512/21 513/20 516/2

 518/2 519/15 519/24 521/2 521/7 521/20 522/20 523/22 530/7

 530/21 530/23 531/24 533/2 535/5 535/16 549/9 550/24 553/15

 553/22 553/25 555/19 557/19 559/2 563/6 564/7 564/21 564/24

 565/25 566/10 567/3 570/6

ring [1] 414/15

ring/no [1] 414/15

RMR [1] 571/12

robot [1] 483/23

role [1] 425/1

room [23] 404/23 456/13 457/25 463/12 463/13 464/4 464/7

 464/12 464/23 482/12 488/10 496/3 509/23 514/6 535/20

 549/22 554/2 554/3 554/4 554/6 567/14 567/17 567/23

rotten [3] 519/14 519/15 519/19

roughly [1] 452/11

row [5] 415/4 419/23 420/13 420/24 428/23

rows [5] 416/4 421/18 444/17 500/15 501/17

rule [4] 471/10 471/13 474/3 554/10

Rule 50 [3] 471/10 471/13 474/3

rules [7] 459/19 460/16 460/19 529/5 550/24 551/11 551/12

ruling [2] 459/21 474/16

run [8] 535/12 535/13 535/14 535/15 535/16 536/6 536/6 543/1

running [11] 432/6 432/7 432/8 491/4 491/7 503/17 504/1 504/6

 504/8 504/17 507/20

S

safest [1] 474/3

said [66] 406/12 409/3 417/16 429/2 437/6 438/20 440/9 448/2

 448/18 450/4 452/2 458/3 458/15 459/11 462/1 462/10 472/13

 472/17 478/17 478/20 479/18 482/16 483/13 488/14 488/24

 489/9 489/17 490/11 490/14 490/21 492/7 493/1 493/15 495/7

 495/8 495/8 500/25 505/25 508/6 510/22 512/16 516/17 516/24

 517/12 517/17 519/2 520/20 522/22 524/22 524/25 526/9

 527/10 527/18 529/2 530/10 531/13 540/13 541/1 541/25

 553/13 558/25 563/10 563/24 564/1 567/9 568/10

sake [1] 561/22

sale [3] 493/17 514/19 534/23

sales [3] 514/13 527/25 528/19

salespeople [1] 514/12

same [34] 418/8 418/17 420/1 424/14 427/13 441/25 445/22

 453/16 456/24 462/4 462/19 463/6 466/2 474/15 475/24 492/25

 493/7 493/11 494/19 496/5 496/8 496/13 496/16 496/16 496/21

 496/23 502/14 504/4 509/5 509/14 509/14 514/22 561/5 569/5

sample [2] 511/14 518/9

San [1] 404/8

sandwich [2] 519/13 519/14

Santa [2] 404/5 404/5

Sarnicola [1] 514/23

satisfied [1] 562/19

Saturdays [2] 492/2 537/18

saw [8] 446/13 460/9 478/18 488/14 504/21 509/20 517/11

 524/11

say [116] 407/13 408/9 411/21 411/25 412/2 412/25 416/3

 421/15 426/14 426/17 427/16 429/8 430/25 433/18 433/20

 434/11 435/24 436/6 437/20 439/6 440/5 442/8 443/13 443/16

 445/15 446/15 448/7 458/15 459/12 461/25 464/8 474/3 478/10

 478/23 483/25 484/17 488/15 494/7 495/5 499/18 507/11

 508/11 511/8 512/21 512/24 513/4 513/11 513/12 513/15

 513/22 513/22 513/25 514/7 515/1 515/8 515/11 515/16 517/5

 517/7 517/9 517/15 517/17 518/4 518/5 519/10 519/18 520/1

 520/21 521/22 522/16 523/19 524/6 524/13 524/14 524/18

 525/17 525/22 528/7 528/8 528/10 528/16 529/1 529/2 529/4

 529/5 529/22 530/25 531/19 533/4 535/8 539/23 542/23 543/18

 547/24 548/4 555/22 556/4 556/7 558/6 558/10 558/11 558/11

 558/13 558/15 558/19 558/21 559/14 561/6 561/10 561/20

 561/24 562/21 565/8 567/7 567/16 568/6

saying [22] 434/9 457/4 511/15 512/19 513/18 514/6 514/13

 522/9 523/5 523/8 524/25 527/12 529/15 535/5 535/22 538/23

 539/25 542/17 542/21 548/12 560/24 561/19

says [43] 412/22 413/10 413/17 414/7 415/4 415/14 415/18

 418/16 418/20 419/23 420/13 421/8 422/10 427/8 427/18 450/6

 461/12 470/14 476/10 478/15 479/10 484/4 484/14 488/11

 489/23 494/16 498/20 499/21 501/4 501/5 512/3 513/6 514/17

 515/8 517/4 517/22 520/18 521/24 532/14 535/2 535/20 541/12

 556/4

scale [1] 523/23

schedule [6] 568/21 568/25 569/5 569/14 569/17 569/18

scheduling [1] 568/19

school [1] 438/9

schools [1] 438/9

Scott [7] 408/11 426/24 427/8 463/3 530/13 532/17 534/13

scrap [1] 538/22

screen [2] 491/1 497/24

script [4] 516/2 516/4 516/8 516/12

scroll [1] 521/13

scrub [1] 439/4

scrubbed [1] 554/24

search [4] 438/5 438/7 438/24 439/4

searched [1] 438/9

searching [2] 438/14 550/13

season [2] 480/17 480/25

seated [3] 412/7 560/17 564/14

second [21] 406/10 406/12 406/14 406/23 408/8 408/18 408/18

 409/4 416/19 419/21 420/6 432/6 443/2 443/3 443/5 450/8

 484/2 484/8 504/3 505/10 525/22

seconds [2] 525/8 525/21

secret [1] 407/4

section [2] 465/1 472/10

Section 227 [1] 465/1

sections [1] 552/23

Security [1] 496/18

see [45] 406/15 409/10 414/5 414/9 414/18 418/7 418/25

 419/24 421/10 435/21 442/15 442/24 445/10 445/11 445/15

 446/15 446/18 449/15 449/17 449/20 461/17 462/4 470/14

 497/25 499/10 499/15 501/2 504/5 514/8 517/7 519/6 521/14

 524/3 528/6 530/19 535/7 535/21 538/22 538/25 552/17 553/6

 553/8 557/11 569/9 569/11

seeing [1] 457/5

seek [1] 464/10

seemed [1] 436/14

seems [1] 515/16

seen [4] 460/4 522/7 522/8 522/8

select [1] 548/20

selected [1] 481/3

selection [1] 547/5

sell [14] 481/20 481/20 483/6 483/8 483/12 502/20 502/25

 509/4 531/4 531/5 531/7 531/8 531/11 534/23

selling [1] 480/12

sells [1] 523/12

send [9] 463/23 519/19 519/21 543/21 551/19 551/25 555/1

 555/4 569/22

sending [3] 463/19 531/7 557/7

sense [18] 494/15 494/20 495/11 497/4 497/10 497/13 525/20

 526/12 536/21 539/14 539/19 546/11 546/17 546/21 547/1

 547/7 560/6 561/17

sensible [1] 560/7

sent [20] 487/9 487/10 487/11 487/16 487/19 487/25 488/4

 495/1 531/2 531/3 531/13 531/13 531/19 531/20 531/22 532/1

 532/1 532/2 532/4 532/21

sentence [8] 406/10 406/13 406/14 406/23 406/23 408/15

 408/19 409/12

separate [8] 428/23 465/10 470/4 497/1 541/25 542/2 546/18

 552/7

separated [1] 410/20

serve [1] 548/22

service [5] 480/10 480/11 550/4 554/1 554/5

services [8] 422/13 466/6 468/22 468/25 479/10 479/13 509/4

 514/20

session [1] 460/5

set [17] 455/8 456/7 495/7 518/4 530/5 534/14 534/17 535/13

 538/20 539/7 539/12 539/16 539/25 540/2 541/25 543/8 544/12

seven [1] 492/15

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 193 of 200
S

shall [3] 464/7 548/23 554/5

share [1] 406/6

Shawn [1] 405/4

she [68] 430/25 446/2 452/10 452/12 462/1 473/17 473/18

 476/12 495/1 503/9 504/3 505/13 505/14 505/16 506/9 506/19

 506/23 515/10 515/10 524/15 524/17 524/17 524/18 524/20

 524/21 524/22 524/25 525/15 525/16 526/9 526/9 526/10

 526/11 526/12 526/12 526/15 526/21 526/22 527/3 527/8

 527/10 527/17 527/17 528/2 528/3 528/6 528/8 531/1 531/1

 531/20 532/23 532/24 537/25 538/15 540/8 540/10 544/10

 544/11 544/13 554/13 555/4 565/1 565/1 565/2 565/5 565/5

 565/7 565/10

sheet [2] 490/1 518/15

sheets [6] 440/12 441/14 489/23 489/24 490/11 536/6

Sherry [1] 512/24

short [1] 526/5

shorter [1] 525/7

should [53] 406/25 407/25 408/8 408/10 408/25 410/7 410/23

 411/11 422/6 422/20 422/21 423/6 452/2 455/9 458/16 458/23

 459/20 460/11 461/8 463/4 466/11 466/13 468/23 473/14

 479/11 488/13 505/10 508/25 512/24 512/24 517/21 519/6

 519/20 519/21 524/5 524/6 525/13 533/21 537/24 544/17 549/1

 549/8 551/21 552/14 554/19 557/11 557/15 558/18 560/4 562/8

 568/23 569/5 569/14

shouldn't [3] 433/1 518/22 554/18

show [39] 437/16 442/6 446/2 463/14 478/3 478/6 481/22 489/5

 495/17 499/7 500/24 502/14 502/18 503/2 503/4 503/10 504/24

 507/4 509/2 509/3 509/5 509/6 511/12 516/15 519/11 519/22

 522/13 523/22 523/23 530/11 532/24 534/12 535/24 535/25

 537/23 554/25 555/4 567/4 567/6

showed [12] 478/6 495/11 498/3 500/10 500/14 518/16 519/3

 524/15 528/1 533/16 534/5 544/6

showing [6] 489/3 491/1 495/12 495/22 533/6 538/7

shown [5] 407/12 428/17 500/6 520/22 540/5

shows [22] 413/4 488/9 488/16 491/18 494/9 495/14 499/7

 501/1 503/15 503/21 503/25 504/20 507/3 525/2 530/12 531/24

 537/9 542/22 543/3 544/4 545/7 545/12

shred [2] 457/19 567/24

SI [1] 403/5

side [9] 444/12 444/14 460/18 510/1 541/23 548/9 554/9 554/17

 569/21

sidebar [1] 476/21

sided [3] 441/20 455/9 455/10

sides [5] 474/7 513/22 559/6 568/19 569/16

sign [3] 505/24 552/14 553/10

signal [1] 545/8

signals [3] 546/1 561/2 561/2

signature [4] 553/9 571/9 571/9 571/9

signed [9] 463/24 469/18 498/4 499/19 500/2 527/23 551/20

 551/22 571/9

significance [1] 463/7

signing [2] 498/1 571/6

similar [2] 465/25 533/23

similarly [1] 465/11

SIMON [4] 403/13 404/3 555/22 561/6

simply [4] 474/3 528/15 549/8 549/10

since [6] 406/19 448/6 452/24 456/3 496/8 569/7

single [25] 410/7 436/21 437/12 438/12 438/17 439/14 439/19

 458/18 492/1 492/3 492/15 492/20 496/9 518/3 520/18 530/11

 535/4 535/7 538/22 539/22 539/24 542/7 542/22 546/19 552/8

single-spaced [1] 552/8

sir [1] 450/13

sit [1] 525/21

situated [1] 465/11

situation [2] 444/9 526/13

six [3] 480/1 481/12 530/18

skip [1] 494/6

slightly [1] 533/20

slipped [3] 542/6 542/6 542/8

slow [1] 472/9

Slowly [1] 565/23

small [1] 465/23

Snapchat [1] 549/24

so [166] 406/25 407/16 409/15 410/1 410/11 410/18 410/23

 412/23 413/1 413/4 413/19 414/15 416/17 418/12 419/3 421/2

 421/21 423/19 423/25 424/24 425/7 425/9 425/22 427/1 427/18

 428/2 428/5 428/14 429/4 429/13 429/20 429/23 430/20 433/12

 433/24 434/3 434/12 435/14 435/24 435/25 436/18 438/7

 438/10 438/19 438/21 439/18 439/24 443/9 443/10 443/21

 444/1 444/14 445/6 445/15 447/21 449/4 449/19 450/17 452/23

 452/25 453/1 453/17 454/20 456/9 457/6 458/13 460/2 470/21

 471/2 478/4 479/18 480/22 483/5 483/22 484/6 484/12 484/24

 487/13 496/8 496/23 497/2 497/9 497/15 497/22 498/2 498/3

 498/5 498/24 499/6 499/24 501/13 503/20 506/19 507/1 507/10

 508/23 509/20 509/24 510/16 510/22 511/2 511/9 511/21

 511/23 512/6 512/11 512/22 514/4 515/7 515/24 516/2 518/13

 521/13 521/15 521/20 521/23 522/2 523/6 527/1 527/8 527/8

 528/3 528/14 529/5 529/11 529/15 530/19 530/25 532/14

 533/21 534/5 535/2 538/21 539/12 539/17 539/25 540/17

 541/23 544/16 545/13 547/16 548/2 548/2 548/8 548/11 548/25

 549/1 549/5 556/7 556/22 557/8 558/8 558/10 558/22 559/5

 559/21 559/25 560/24 561/1 561/10 563/5 564/10 567/15 568/5

 568/13 569/7

social [2] 496/18 549/25

sodium [1] 480/4

software [1] 520/4

sole [2] 464/4 464/11

solely [4] 435/1 458/12 460/6 546/25

some [74] 410/13 414/2 415/8 418/5 421/24 431/7 434/14

 434/19 436/3 437/3 438/17 438/18 440/19 451/18 456/20

 456/21 456/22 458/19 459/25 462/12 468/14 474/14 477/15

 479/1 479/17 480/14 481/13 490/22 498/14 498/21 500/2

 506/15 509/2 509/25 511/5 512/1 512/2 512/7 512/7 517/11

 518/6 525/9 529/1 533/5 533/6 533/18 534/12 540/20 540/24

 542/6 542/6 545/25 545/25 548/3 548/5 548/8 552/1 552/19

 553/6 553/8 555/6 558/3 558/22 558/23 559/12 559/16 562/2

 562/2 562/4 562/8 562/17 562/18 562/20 568/18

somebody [19] 426/2 483/1 483/9 494/25 495/5 499/12 522/3

 523/10 523/10 524/25 527/12 531/7 535/20 536/13 537/6

 541/12 562/23 563/8 563/11

somebody's [2] 537/1 563/8

somehow [2] 525/19 529/6

someone [9] 423/14 424/8 424/13 429/25 430/11 456/22

 526/13 534/16 541/16

someone's [1] 539/17

something [35] 407/2 425/14 426/13 456/23 457/4 461/25

 462/1 462/9 492/24 508/13 508/14 510/22 511/20 513/22

 515/10 517/13 518/10 519/9 519/15 521/23 522/12 522/13

 522/13 524/21 526/14 529/3 529/4 533/17 535/21 540/13

 554/18 555/12 556/13 556/14 569/23

Sometimes [3] 461/1 461/25 462/1

somewhere [3] 438/12 522/11 525/8

soon [4] 459/12 550/22 554/1 565/5

sooner [1] 554/14

sorry [6] 409/6 409/8 474/15 505/3 507/19 554/4

sort [3] 411/10 438/18 569/22

sorted [1] 413/9

sound [1] 432/16

sounded [2] 515/10 544/12

sounds [1] 512/20

spaced [2] 552/8 552/9

speak [3] 469/9 470/21 528/25

speaking [1] 429/21

speaks [2] 429/19 564/16

special [11] 409/23 410/4 411/14 455/11 533/10 552/9 552/11

 552/13 554/23 564/21 565/11

specific [4] 414/12 547/11 557/25 564/6

specifically [8] 410/5 410/5 446/8 486/7 496/19 497/25 499/13

 547/10

specifies [1] 557/15

speculate [5] 470/10 511/7 529/21 556/13 556/17

speculating [2] 429/13 429/17

speculation [5] 429/18 450/23 451/14 556/21 556/24

Spend [1] 441/15

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 194 of 200
S

spent [3] 507/24 537/3 537/15

split [2] 410/5 410/6

spoke [2] 469/11 526/24

spoken [1] 426/11

spokesperson [1] 548/23

spread [1] 515/2

spreadsheet [6] 452/8 490/2 501/17 509/22 554/23 555/8

spreadsheets [16] 412/24 413/5 413/21 413/24 415/8 419/12

 419/13 430/10 483/13 491/6 500/15 508/6 510/2 510/2 555/6

 555/10

spring [4] 480/17 480/25 492/12 513/4

stage [1] 474/4

stand [6] 411/19 412/9 489/13 489/16 513/11 553/22

Standard [2] 480/22 481/2

standards [1] 476/5

stands [2] 532/14 552/4

start [16] 418/3 442/22 455/1 456/11 457/20 472/9 474/12

 476/10 476/23 479/7 491/9 501/25 515/19 532/10 551/15 567/4

started [3] 491/19 516/16 530/9

starting [3] 415/3 457/21 565/6

state [3] 427/14 565/2 565/3

stated [3] 410/19 447/16 459/15

statement [20] 417/19 448/24 478/9 478/16 478/20 481/24

 482/11 482/23 488/7 488/23 489/22 493/14 499/24 508/5 513/9

 515/23 516/3 520/4 523/4 542/5

statements [3] 459/10 459/12 478/22

STATES [16] 403/1 403/14 404/22 422/11 423/15 424/12

 424/14 425/21 431/9 431/12 432/19 433/5 434/1 455/15 465/1

 466/5

status [2] 543/4 543/10

statute [2] 478/10 478/23

step [7] 449/17 449/18 452/17 478/25 499/11 528/10 541/6

steps [1] 464/15

still [11] 411/19 418/16 432/18 444/11 451/11 476/8 545/17

 545/18 550/7 550/10 568/21

stipulated [3] 467/24 496/6 502/19

stipulation [16] 407/14 427/18 455/22 483/16 483/16 484/4

 488/14 488/14 494/16 502/21 515/8 515/11 517/1 517/4 528/1

 536/15

stipulations [13] 407/16 427/16 455/20 455/25 456/4 456/12

 457/12 459/4 459/7 462/21 471/5 496/6 536/15

stop [3] 470/15 521/18 534/7

story [2] 525/14 526/16

straight [2] 454/22 486/16

strange [7] 431/2 439/17 439/20 439/25 440/1 440/7 440/9

strategies [9] 483/18 504/22 535/18 535/18 536/5 536/11

 536/16 537/21 538/12

strategy [26] 483/18 483/19 483/22 484/2 484/8 488/24 488/25

 489/4 489/10 489/19 490/1 490/9 490/13 490/23 493/13 521/21

 522/19 535/23 535/24 536/4 537/20 541/2 541/2 543/15 543/18

 543/21

Street [1] 404/7

stricken [3] 459/22 461/1 461/4

strike [4] 422/21 434/7 437/5 440/6

strive [1] 548/24

stuff [4] 406/17 521/8 523/23 529/1

subject [2] 452/7 473/5

submissions [1] 569/13

submit [3] 471/14 471/18 561/1

submits [1] 496/15

submitted [4] 471/1 471/9 482/11 490/5

subparts [1] 512/13

substantive [2] 406/7 406/17

subtract [5] 450/6 501/13 501/21 501/22 502/3

subtracted [7] 416/9 416/13 416/23 417/3 421/22 421/23

 500/11

such [16] 422/13 422/16 422/16 460/8 461/8 464/19 464/21

 464/22 464/24 466/7 466/9 466/10 476/6 478/16 478/16 550/13

sufficient [8] 411/11 471/14 471/18 471/20 471/25 473/7 473/9

 473/19

suffix [1] 438/18

sugars [1] 479/24

suggest [4] 517/20 520/2 547/9 548/2

suggested [5] 499/25 519/9 537/24 538/20 542/25

suggestion [2] 521/2 522/18

suggests [1] 522/6

Suite [4] 404/5 404/7 404/14 404/17

summaries [13] 406/20 406/24 407/10 431/5 431/6 442/1 444/8

 445/2 445/6 448/13 461/5 461/6 519/20

summarize [1] 501/16

summarized [1] 544/22

summarizing [2] 429/7 500/8

summary [23] 412/17 420/10 420/15 420/25 421/21 427/24

 428/14 428/16 429/1 430/15 433/8 434/7 434/13 437/2 441/3

 445/10 445/16 448/22 510/4 518/13 518/18 520/16 520/22

summary's [1] 445/12

summed [1] 415/17

Sundays [2] 492/2 537/18

super [1] 480/6

supplies [1] 463/21

support [11] 410/21 480/1 489/14 492/10 492/11 507/20 528/22

 536/2 536/23 537/10 537/19

supports [2] 461/7 480/3

suppose [5] 411/2 429/2 439/12 439/24 442/8

supposed [5] 442/25 489/10 518/25 524/3 525/15

sure [24] 412/23 413/15 423/5 424/1 427/3 430/14 433/6

 435/14 439/18 441/4 441/5 441/6 449/6 481/6 498/5 504/11

 546/14 555/1 556/16 556/19 561/5 561/18 562/24 565/13

surely [1] 522/12

surprised [1] 448/24

survey [2] 518/10 547/4

surveys [1] 523/15

suspend [1] 470/15

sustain [2] 460/21 460/23

sustained [5] 425/16 447/12 447/24 450/25 528/23

SW [2] 404/17 404/23

swear [1] 553/11

sweeping [1] 512/7

sworn [9] 459/1 462/23 481/24 482/11 482/23 489/22 492/6

 553/24 565/14

sympathy [1] 458/11

system [4] 495/6 520/3 521/9 521/9

T

table [1] 567/23

tables [2] 520/13 543/14

tabulate [2] 509/13 524/4

tabulated [2] 427/24 510/3

tabulation [1] 518/15

tactic [1] 512/6

take [39] 408/3 412/16 413/10 418/16 433/24 449/3 449/8

 454/12 454/23 456/17 457/14 457/18 457/25 461/16 470/16

 471/4 474/1 474/9 478/25 481/4 494/3 496/4 499/11 501/11

 508/15 519/14 519/18 519/25 528/7 529/5 536/2 536/14 537/16

 538/5 551/1 552/1 557/2 559/7 567/6

taken [4] 437/25 462/24 464/15 551/11

takes [1] 429/25

taking [2] 445/17 445/18

talk [31] 406/4 406/8 406/9 412/20 423/24 426/13 430/7 431/18

 438/3 480/11 484/1 484/15 525/18 525/23 527/11 528/25 529/5

 530/14 537/6 558/1 559/6 562/22 564/8 564/9 568/4 568/4

 568/5 568/6 568/11 570/10 570/11

talked [9] 409/22 418/17 453/14 481/18 481/19 527/22 530/16

 543/25 544/18

talking [13] 418/18 418/20 457/4 497/6 511/13 514/12 515/16

 515/22 516/1 526/10 537/8 563/19 570/10

talks [1] 488/10

Tampa [1] 404/14

targets [1] 522/4

tasked [3] 482/8 532/17 539/1

taste [2] 480/6 519/15

taurine [1] 480/3

TCPA [27] 410/10 464/25 465/14 467/18 467/22 469/3 469/12

 469/14 469/23 470/3 470/4 470/4 470/6 470/12 473/8 473/11

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 195 of 200
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TCPA... [11] 474/18 475/1 497/16 497/20 499/11 499/11 501/3

 509/10 510/21 533/3 541/1

tea [1] 480/2

team [12] 489/14 492/9 492/10 514/13 516/6 523/9 523/11

 528/19 528/24 537/14 537/19 548/13

team.' [1] 493/19

technical [4] 464/2 464/6 464/9 507/20

technician [4] 463/14 464/3 464/6 464/8

technicians [1] 464/15

telemarketing [61] 465/3 465/15 466/23 467/8 468/18 468/19

 468/23 469/20 469/24 472/20 472/21 472/23 473/21 474/22

 475/7 477/4 477/12 477/20 478/4 478/7 478/11 478/24 479/6

 479/7 479/11 480/8 488/5 488/8 493/15 493/19 494/3 495/15

 499/20 500/7 502/16 507/6 509/3 510/9 514/25 520/25 523/9

 523/13 530/21 531/8 531/9 531/25 532/3 533/13 533/25 534/10

 534/22 536/9 539/15 541/4 542/13 542/23 544/2 544/19 544/24

 546/5 555/25

telephone [85] 422/11 428/3 432/24 432/25 439/15 440/13

 464/25 465/4 465/4 465/16 466/5 466/24 467/3 467/9 467/15

 467/15 467/17 467/19 467/20 467/21 467/23 467/23 467/25

 467/25 468/1 468/3 468/3 468/6 468/9 468/12 468/14 468/16

 468/17 468/17 468/20 469/14 469/14 470/3 473/18 474/22

 474/24 475/7 475/10 475/10 475/13 477/20 478/1 478/1 479/6

 479/8 486/15 487/20 495/19 495/20 496/20 497/5 497/6 497/11

 497/19 498/20 498/22 498/23 498/23 502/25 504/25 505/6

 505/12 506/15 506/16 506/17 506/18 506/22 507/2 525/17

 531/22 532/2 532/2 533/14 534/22 544/3 545/1 547/15 556/1

 569/22 569/25

telephones [10] 410/15 465/15 467/19 469/15 470/1 475/20

 544/20 553/5 553/8 555/23

tell [54] 407/12 408/8 411/19 427/8 428/11 437/24 441/15 442/7

 443/12 447/8 448/21 455/25 462/24 476/12 477/15 479/5

 489/13 493/10 498/2 498/18 500/19 505/4 511/8 517/19 525/14

 551/1 552/3 554/19 557/23 557/24 558/4 558/22 558/22 559/1

 559/5 559/7 559/8 559/9 559/12 559/20 559/24 560/22 561/17

 562/13 562/13 562/14 562/20 563/1 563/18 563/18 566/2 566/5

 566/7 568/2

tell,' [2] 559/11 559/14

tell/we [1] 562/13

telling [9] 443/19 483/10 483/11 483/11 486/9 501/19 505/14

 523/20 552/20

tells [6] 488/18 539/12 543/11 546/11 547/7 553/1

temperature [2] 554/3 554/4

ten [5] 445/16 445/17 492/13 492/14 536/22

tens [4] 431/16 431/20 433/3 539/16

term [3] 468/18 468/19 479/7

terms [8] 432/13 433/25 438/5 438/7 438/11 439/4 444/12

 444/18

tested [2] 551/2 551/7

testified [12] 446/5 461/18 462/9 462/11 496/12 527/17 531/21

 532/5 533/19 537/9 540/17 544/10

testify [13] 461/15 462/15 463/6 486/23 487/8 501/8 503/19

 511/3 511/24 515/9 521/5 523/14 536/2

testifying [4] 461/19 522/9 524/17 532/17

testimony [43] 408/7 417/11 417/14 418/5 421/24 427/23 446/1

 459/1 459/6 459/22 460/8 461/11 461/11 461/16 461/21 461/22

 462/6 462/7 462/17 462/23 463/5 463/5 486/22 492/6 492/21

 500/8 511/14 516/5 517/1 517/7 517/8 517/12 517/24 519/24

 522/20 524/15 524/22 530/15 530/16 538/22 541/3 551/2

 568/23

text [2] 528/5 549/21

than [74] 409/20 418/9 435/7 435/9 435/11 435/12 438/24

 440/2 444/11 457/5 458/23 464/9 467/9 467/14 470/9 475/8

 475/16 475/18 475/18 475/19 475/20 477/8 477/17 477/21

 477/25 492/13 495/18 495/19 497/10 497/13 498/25 499/4

 499/8 499/8 500/6 502/7 502/15 502/15 503/3 507/4 508/16

 508/21 513/25 516/25 522/17 523/16 524/23 533/17 533/25

 534/11 534/25 535/9 535/11 536/22 538/8 538/9 538/10 541/11

 541/16 542/12 544/5 545/21 546/1 547/12 547/18 547/21 548/7

 554/13 554/14 558/13 558/17 560/11 560/23 569/7

thank [40] 409/14 411/23 412/3 412/13 426/6 440/17 446/21

 449/21 450/18 452/16 453/2 473/24 475/23 476/8 476/9 477/1

 479/4 485/17 507/11 507/14 507/15 507/18 507/23 514/3

 525/23 529/24 530/1 530/4 548/13 548/15 553/25 554/5 556/6

 560/20 561/8 564/9 567/11 567/15 568/13 570/15

Thanks [1] 441/9

that [1130] 

that's [183] 

their [57] 408/4 408/6 424/14 435/16 435/19 437/19 440/3

 440/11 446/10 459/11 459/12 459/18 462/17 481/20 481/21

 494/13 494/24 495/6 496/17 497/7 497/8 502/10 508/17 508/18

 512/6 514/12 514/13 516/14 523/25 528/19 530/9 530/13

 530/15 532/16 532/17 535/1 536/1 536/2 537/3 537/14 537/15

 537/19 538/1 538/6 539/17 541/10 541/11 541/13 541/14

 541/17 541/22 542/5 543/16 549/3 551/2 569/10 570/12

them [106] 408/3 408/8 415/9 415/17 418/7 439/6 452/20

 455/15 456/2 456/10 456/13 456/18 456/19 457/7 457/7 457/14

 457/15 457/16 457/19 457/25 458/18 459/8 459/9 459/15

 459/15 461/7 461/8 463/11 472/18 472/24 482/7 482/19 482/20

 483/10 483/11 483/11 484/12 484/18 484/19 486/8 486/9

 486/10 486/14 489/9 490/14 491/23 493/7 493/10 494/10 496/4

 497/1 497/1 497/2 497/3 500/1 502/10 505/2 512/1 512/9

 512/12 514/16 514/20 518/17 519/21 520/17 520/17 520/18

 523/6 523/7 525/12 527/5 527/6 528/6 529/6 534/5 534/22

 536/2 536/20 537/2 537/6 537/22 540/9 540/10 542/3 542/4

 543/8 545/9 546/19 547/2 547/12 547/21 547/25 554/24 556/17

 556/22 558/3 558/17 559/3 559/5 559/7 560/4 561/2 567/21

 567/22 567/22 569/10

themselves [3] 495/11 512/13 513/4

then [97] 406/8 406/19 406/22 407/14 408/6 408/10 409/12

 410/5 411/5 411/10 411/21 411/24 413/9 414/3 415/17 415/18

 416/18 416/19 416/21 417/3 417/23 418/24 419/5 419/6 419/15

 420/8 424/14 430/1 438/14 451/12 454/12 454/23 454/24 457/3

 470/18 470/22 474/8 478/24 479/10 487/19 487/21 487/22

 488/11 490/19 491/9 495/2 495/24 497/7 498/2 499/21 501/6

 509/9 510/5 510/11 512/17 513/15 514/7 515/11 516/6 517/6

 519/12 525/1 526/24 527/8 527/10 531/12 531/18 531/22 540/1

 542/3 548/16 551/5 552/18 552/22 552/24 552/25 553/4 553/7

 553/8 553/9 555/1 556/2 556/5 556/20 558/1 559/14 559/18

 561/7 562/7 562/14 565/2 565/3 567/6 567/16 569/19 569/21

 569/24

there [214] 

there's [8] 410/21 434/8 493/10 513/17 513/19 536/15 544/15

 546/7

therefore [5] 461/8 515/2 516/17 517/15 547/9

these [92] 407/16 413/6 414/2 420/17 420/20 423/12 434/9

 434/9 434/22 441/14 441/17 442/1 443/11 444/20 444/24 445/1

 445/6 446/14 456/4 457/10 457/15 457/20 457/24 458/2 458/4

 458/14 462/5 462/22 465/17 478/7 479/18 481/17 481/17

 481/19 481/20 482/9 482/10 482/11 482/21 484/13 486/9

 486/13 490/10 490/21 490/22 491/23 492/4 492/5 492/14

 492/19 494/4 494/5 494/17 495/24 496/25 497/5 497/11 497/17

 497/17 499/18 500/4 503/5 503/10 504/20 510/2 514/5 518/6

 520/14 521/13 525/15 535/8 535/10 535/12 535/13 536/18

 537/19 537/20 537/21 538/17 539/20 541/5 542/9 543/20

 544/24 546/22 546/22 549/13 550/24 551/11 551/12 551/13

 551/14

they [324] 

they're [8] 413/8 508/25 511/13 520/11 520/14 523/6 541/19

 542/13

they've [9] 407/16 483/2 508/25 510/8 510/9 510/11 512/7

 529/20 529/21

thick [2] 452/21 520/8

thing [16] 418/4 455/19 474/3 495/17 496/5 496/13 503/2

 504/24 505/10 506/14 516/18 517/5 521/4 527/21 529/8 542/1

things [28] 418/6 448/14 449/10 456/21 456/22 456/24 459/7

 461/18 462/3 462/12 465/2 477/8 477/16 477/17 478/7 479/17

 479/18 490/17 498/11 499/7 502/14 505/5 507/4 509/2 535/16

 535/17 536/7 537/11

think [68] 406/8 406/21 406/24 406/25 407/22 407/25 408/6

 408/8 408/10 408/15 409/25 410/18 410/19 422/23 422/24

 426/10 429/18 430/23 431/19 440/1 440/22 445/13 452/23

 457/5 461/8 462/11 462/13 462/17 466/13 474/1 474/2 494/7

 512/22 516/11 522/19 524/13 524/14 525/19 526/17 529/19

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 196 of 200
T

think... [28] 547/4 549/9 557/14 557/19 557/22 557/23 557/24

 557/25 558/2 558/3 558/6 558/13 558/14 559/5 559/7 560/4

 560/10 561/13 561/19 562/2 562/3 562/4 562/8 562/18 562/18

 563/9 563/11 568/18

thinking [3] 410/18 410/19 557/8

thinks [2] 460/19 554/17

third [5] 404/23 420/8 426/10 495/17 506/14

this [205] 

those [150] 406/16 410/17 411/9 412/20 412/25 413/23 414/14

 415/17 416/21 419/5 419/10 421/21 421/22 421/23 425/9

 425/24 425/24 428/2 428/2 428/7 428/8 428/21 428/22 428/23

 429/5 430/1 430/10 430/15 431/6 431/25 432/18 432/18 432/24

 432/25 433/17 435/22 436/1 436/4 436/8 437/5 437/6 437/7

 438/14 438/19 441/20 445/1 448/14 449/10 452/19 455/25

 456/25 457/18 457/19 458/7 463/9 467/11 467/13 471/19

 471/22 474/5 475/8 475/18 475/19 477/8 477/22 477/24 478/5

 479/5 479/15 481/22 481/23 481/25 483/8 483/13 490/12

 490/21 491/20 494/10 494/13 500/15 500/15 500/20 500/22

 501/9 501/11 501/11 502/8 502/20 502/20 503/16 504/4 504/10

 507/3 508/12 509/9 509/14 509/16 509/16 509/17 510/25 512/8

 512/15 512/25 514/10 514/11 515/1 517/19 521/18 524/19

 524/24 525/25 526/1 531/15 531/17 532/12 534/11 534/17

 534/24 535/3 535/4 536/6 536/11 536/17 536/24 537/10 537/16

 538/9 538/16 539/2 539/12 539/19 540/4 540/24 541/6 541/7

 541/7 542/1 542/3 543/9 543/18 544/7 545/18 545/24 547/1

 547/8 547/17 548/8 554/20 560/1 560/4

those weren't [1] 501/11

thought [6] 408/2 423/6 453/12 515/10 524/17 560/22

thousand [1] 435/12

thousands [10] 431/16 431/20 433/3 435/4 437/1 443/14

 443/16 443/20 539/16 539/21

three [17] 408/9 420/21 463/2 477/16 477/17 477/24 502/14

 505/5 506/23 507/4 509/11 526/2 538/4 538/4 552/23 560/1

 567/12

through [48] 422/5 429/15 438/3 438/7 438/11 439/4 441/14

 441/23 443/11 443/19 443/21 446/10 450/22 452/1 463/19

 482/8 482/20 489/23 489/24 490/14 490/19 497/22 498/6

 498/13 500/9 500/11 501/12 501/12 502/8 503/8 520/12 529/11

 533/5 533/7 533/11 535/8 536/6 540/18 540/25 542/6 542/6

 542/8 545/7 545/13 545/24 551/2 551/4 551/19

throughout [4] 427/23 515/9 516/13 567/8

thumb [1] 561/24

ticket [2] 486/6 486/9

tickets [1] 514/23

tie [1] 530/19

tied [2] 432/19 442/10

time [56] 412/1 415/6 421/2 422/16 425/23 426/5 426/11 428/16

 429/20 434/16 440/5 441/15 442/2 445/10 445/11 445/20 449/5

 453/3 466/9 472/18 473/25 474/9 475/25 476/17 476/23 480/22

 481/2 485/4 503/19 503/20 504/10 506/23 507/11 507/16

 507/24 511/16 515/20 516/12 526/9 529/11 529/25 530/2

 532/24 536/24 537/3 537/4 537/5 537/7 537/15 537/16 538/18

 538/18 538/19 546/23 552/1 567/12

timer [2] 525/6 526/20

timers [2] 521/19 522/2

times [23] 413/4 413/19 442/10 444/15 445/16 445/17 445/23

 445/24 445/25 446/2 452/8 452/10 452/12 459/12 470/3 470/6

 472/8 472/15 513/1 526/20 530/18 530/20 531/10

timing [1] 526/4

tired [1] 529/16

tissue [4] 508/10 512/9 516/9 518/12

title [2] 406/22 465/1

titled [2] 428/25 462/21

today [3] 455/16 517/12 570/1

together [8] 416/21 437/15 440/11 478/5 497/2 508/3 516/19

 518/11

told [11] 425/14 462/12 477/2 477/5 478/9 478/16 493/14 513/9

 515/18 515/23 521/21

toll [8] 435/5 435/6 435/15 435/18 435/19 435/22 435/22 518/23

toll-free [8] 435/5 435/6 435/15 435/18 435/19 435/22 435/22

 518/23

tome [1] 509/20

ton [1] 442/11

tone [1] 463/7

too [13] 456/24 511/15 511/16 526/5 526/5 531/10 537/18

 547/7 548/17 558/1 563/4 568/7 569/10

took [12] 415/17 416/8 416/13 416/17 416/23 417/3 419/3

 430/9 458/13 489/16 519/17 522/25

top [8] 442/13 442/22 457/21 470/14 481/12 497/24 510/19

 521/16

total [49] 415/11 415/13 415/14 415/23 416/3 416/4 416/5

 416/8 416/10 416/13 416/16 416/21 416/23 416/25 418/8 419/9

 419/10 419/10 419/11 419/11 419/12 420/8 420/10 420/12

 420/13 420/14 420/16 420/17 421/3 429/4 429/5 431/25 434/25

 436/7 436/15 437/24 447/9 448/15 449/8 449/23 450/6 452/12

 509/18 509/19 510/4 510/8 510/14 518/15 538/17

totaled [2] 417/4 419/5

totals [10] 415/2 415/17 419/22 421/16 434/4 436/1 437/7

 437/19 451/4 519/1

touching [1] 550/21

Townsend [1] 404/7

track [1] 521/15

tracker [12] 491/2 491/18 503/13 503/14 503/15 504/5 504/14

 515/13 525/3 542/19 543/3 543/11

trackers [1] 503/12

transcript [4] 403/12 478/14 571/7 571/8

treat [1] 462/22

trial [27] 403/11 407/20 407/23 411/10 457/13 457/14 458/4

 460/6 461/6 462/24 465/20 466/12 468/5 470/10 492/22 513/23

 550/2 551/2 551/7 551/8 551/11 551/15 556/16 557/1 567/9

 568/18 569/1

tried [4] 500/16 501/18 511/5 529/21

trip [1] 453/1

trouble [1] 558/7

true [68] 458/22 458/23 462/13 477/8 477/9 477/17 477/18

 488/9 489/2 493/21 494/9 495/12 495/13 495/17 495/18 497/10

 497/11 498/25 498/25 499/3 499/4 499/8 499/8 499/8 499/9

 500/3 500/6 500/6 502/7 502/7 502/15 502/15 503/3 503/3

 507/4 513/3 533/17 533/17 533/20 533/24 533/25 534/25

 534/25 535/9 535/9 535/11 535/11 538/7 538/8 538/10 538/10

 541/11 541/12 541/16 541/16 542/9 542/9 543/23 544/5 544/5

 545/20 545/21 546/2 547/7 547/11 547/12 547/18 547/18

truly [1] 563/10

trusted [1] 445/6

trustworthy [1] 519/22

truth [4] 462/12 462/25 546/3 551/1

try [6] 430/10 481/6 512/21 517/20 522/23 550/15

trying [5] 494/18 529/17 531/11 534/16 541/19

tune [1] 523/24

turn [8] 415/1 418/3 419/21 431/5 442/13 506/20 536/15 550/22

tweaks [1] 408/21

twice [4] 503/24 504/2 504/12 530/10

Twitter [1] 549/24

two [50] 404/11 406/20 410/8 410/17 418/13 418/24 420/5

 441/21 445/24 445/25 452/8 452/10 453/6 462/4 477/22 478/5

 483/18 491/5 491/6 493/22 495/8 495/14 503/9 503/10 504/1

 504/3 504/10 504/22 506/24 506/25 509/11 511/24 512/25

 524/20 525/18 528/3 535/16 535/17 535/17 535/18 536/5 536/7

 536/15 537/21 538/3 538/4 538/9 538/12 547/14 567/16

type [2] 488/17 510/23

typical [1] 541/13

typo [1] 408/17

U

U.S [8] 424/7 433/24 434/14 434/18 448/14 449/9 535/14

 545/16

ultimately [1] 558/14

unable [2] 557/15 558/4

unaccounted [2] 548/3 548/5

unanimous [17] 548/25 549/4 552/5 552/12 557/5 557/22

 557/24 559/10 559/11 559/25 562/16 562/22 563/15 563/17

 563/20 564/19 565/9

unanimously [5] 559/1 559/22 559/24 563/13 565/14

uncomfortable [1] 568/8

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 197 of 200
U

under [13] 406/19 410/10 445/21 459/19 462/24 469/2 471/13

 474/1 480/5 489/17 535/2 536/11 537/13

underlying [4] 435/3 437/2 461/7 461/9

understand [8] 410/22 423/21 428/25 434/3 447/15 541/21

 561/19 563/23

understanding [5] 407/19 429/23 430/9 445/9 445/25

understates [1] 545/19

Understood [3] 429/23 487/1 570/14

undisputed [14] 474/20 475/5 475/6 475/16 530/12 531/15

 532/9 532/18 534/19 536/22 536/23 538/10 538/11 538/11

unfold [1] 524/16

UNITED [16] 403/1 403/14 404/22 422/11 423/15 424/12 424/14

 425/21 431/9 431/12 432/19 433/5 434/1 455/15 465/1 466/5

United States [12] 422/11 423/15 424/12 424/14 425/21 431/9

 431/12 432/19 433/5 434/1 455/15 466/5

university [1] 438/9

unknown [1] 557/18

unlawful [1] 465/2

unless [2] 454/21 465/6

unreasonable [2] 432/16 508/16

unreliable [1] 451/3

until [8] 443/19 480/22 481/2 491/25 504/9 515/18 550/19

 552/4

untrue [1] 462/6

untrustworthy [1] 451/3

untruthfully [2] 462/9 462/11

unwilling [1] 549/7

up [85] 416/17 416/21 417/4 418/3 421/3 421/5 421/25 422/24

 425/9 425/24 429/4 432/6 432/7 432/8 437/16 438/8 438/14

 438/15 448/4 470/22 474/9 474/12 476/10 489/13 491/23 494/8

 494/20 495/7 495/10 498/1 498/4 500/2 500/21 501/6 501/6

 505/24 506/6 508/2 508/16 509/1 509/13 509/24 510/3 514/13

 520/15 522/13 522/14 523/15 525/10 525/24 526/4 527/23

 528/24 529/2 530/5 532/14 534/20 535/5 536/1 537/24 538/3

 538/4 538/20 538/24 539/7 539/8 539/12 539/16 539/25 540/2

 541/25 543/17 545/12 546/21 548/18 552/17 552/23 556/5

 557/4 558/11 561/7 563/10 564/5 564/6 568/20

upgrade [3] 481/15 483/7 530/23

uploaded [2] 487/18 531/21

upon [5] 449/24 544/9 553/2 558/8 569/18

upsell [1] 483/7

us [24] 407/19 423/23 424/4 427/8 447/9 447/19 450/2 481/12

 486/14 486/14 490/5 498/2 500/19 501/19 507/9 507/24 538/6

 539/12 545/23 547/7 548/6 557/7 569/22 570/9

use [29] 427/3 438/5 464/14 469/10 476/3 478/11 478/24 488/7

 488/13 488/24 492/23 493/3 493/12 497/4 497/9 508/25 509/20

 519/12 525/3 526/15 535/23 536/21 538/5 539/14 542/23

 543/20 546/17 546/21 546/25

used [104] 406/24 419/4 419/8 438/7 438/8 438/8 441/12 444/6

 445/10 451/25 465/17 466/25 467/11 468/14 468/17 469/1

 469/4 469/5 469/24 472/21 474/23 475/8 477/4 477/22 478/4

 478/8 480/15 481/23 481/25 481/25 482/4 482/18 483/14

 483/14 483/18 483/22 484/2 484/9 484/25 486/15 486/17

 488/15 488/17 489/3 489/6 489/10 489/14 489/19 490/1 490/8

 490/13 490/22 491/9 494/2 495/16 498/20 498/23 499/2 501/14

 502/4 503/3 504/6 504/22 504/23 506/15 506/17 506/19 506/21

 507/1 507/6 509/6 510/19 513/5 513/5 515/9 516/7 516/12

 516/15 516/18 517/4 517/6 517/14 517/15 517/18 518/3 520/9

 520/15 523/8 530/14 530/15 535/18 535/21 535/25 536/3 536/3

 536/12 538/12 540/14 541/2 542/14 542/18 543/18 543/23

 544/8

user [2] 414/14 540/10

uses [2] 465/5 469/7

using [33] 414/21 443/22 469/16 469/20 483/14 483/15 490/24

 494/22 495/25 497/7 499/14 499/20 500/7 503/6 503/11 504/21

 508/25 509/14 512/22 515/17 517/8 533/13 533/25 535/14

 535/15 535/15 535/16 537/21 538/1 538/2 540/14 544/2 550/14

usual [1] 468/8

V

valid [2] 480/22 481/2

variety [1] 438/7

various [3] 421/19 443/13 512/13

verdict [52] 405/14 406/5 408/22 409/17 409/23 410/4 410/7

 411/12 411/15 455/8 455/11 456/15 457/12 458/16 458/17

 459/5 466/18 470/5 509/13 518/15 524/2 529/17 529/23 533/10

 543/25 548/11 548/25 549/5 549/11 549/12 551/5 552/5 552/9

 552/11 552/13 554/11 555/13 564/11 564/22 565/7 565/9

 565/12 566/12 566/14 566/16 566/18 566/20 566/22 566/24

 567/1 567/5 567/19

verify [2] 438/4 441/23

versa [1] 527/14

version [2] 410/24 523/21

versions [1] 462/2

very [27] 408/14 408/17 409/8 430/7 430/7 452/16 475/23

 491/25 507/11 507/15 510/19 515/19 520/4 520/4 524/10

 529/24 530/1 537/3 537/16 540/14 547/19 547/20 547/23

 548/15 551/12 560/6 567/11

Vi [1] 512/23

via [7] 487/20 531/22 532/1 532/2 543/21 549/21 549/21

vice [1] 527/13

view [3] 463/15 464/1 464/13

viewing [1] 464/22

views [1] 549/3

violate [4] 478/10 478/23 509/10 510/20

violated [7] 465/14 469/23 470/3 470/6 510/24 524/4 533/3

violates [2] 540/25 551/13

violation [7] 469/12 470/4 470/4 473/8 497/20 501/3 531/9

violations [1] 470/12

violative [3] 475/1 475/17 524/13

VISALUS [157] 403/7 419/20 421/24 422/12 422/14 437/16

 465/13 465/14 465/17 466/6 466/8 466/23 467/8 469/21 469/23

 470/3 470/6 473/7 473/10 474/21 475/6 477/5 477/11 477/19

 478/7 478/9 478/16 478/20 478/23 479/14 479/16 479/18

 480/14 481/20 481/21 481/23 482/4 482/18 483/1 483/2 483/2

 483/3 483/3 483/6 483/9 483/17 483/17 484/2 484/8 484/15

 486/6 486/7 486/10 486/10 486/13 486/14 488/18 489/5 489/7

 489/8 489/12 489/17 490/24 491/4 491/7 491/12 491/20 491/24

 492/16 493/23 494/2 495/1 495/2 495/3 495/3 495/5 495/11

 495/22 495/24 495/25 496/6 496/9 496/25 497/25 499/16

 499/21 499/25 500/3 500/6 502/10 502/16 502/19 502/19

 502/20 502/21 502/22 502/23 502/25 503/11 503/19 506/5

 506/23 507/5 511/16 514/9 514/14 516/19 517/6 519/9 523/10

 523/13 523/22 525/3 526/25 528/1 528/3 528/6 529/8 529/10

 529/11 530/9 531/1 531/2 531/2 531/3 531/6 531/7 531/15

 531/17 532/1 533/1 533/12 534/23 535/5 535/7 535/18 537/8

 537/17 538/23 539/7 539/14 539/22 539/25 540/21 541/8 541/9

 541/10 541/18 542/5 543/6 544/8 544/23 545/1 545/2 545/23

 546/17 548/6

ViSalus people [1] 489/7

ViSalus's [24] 422/12 466/6 483/12 486/16 486/16 488/24

 493/14 494/7 498/3 500/8 500/13 500/19 503/4 504/17 520/5

 521/21 527/5 527/25 531/23 532/1 540/12 542/17 543/2 544/13

Vitality [1] 514/24

vitamins [1] 480/2

voice [91] 414/8 414/13 414/22 415/19 416/1 417/5 417/7

 417/12 417/16 422/14 427/12 427/19 438/1 463/7 465/6 465/18

 466/7 467/1 467/12 469/2 469/3 469/5 469/6 469/7 469/8

 469/11 469/11 469/16 469/20 469/25 472/6 472/12 473/22

 474/23 475/9 477/23 483/20 483/23 483/23 483/25 483/25

 484/3 484/3 484/5 484/9 484/11 484/24 485/9 485/19 485/24

 487/15 487/23 489/20 490/20 490/23 494/1 499/14 499/21

 501/3 501/4 501/15 501/24 502/4 503/4 503/7 504/22 509/6

 512/19 516/16 516/17 516/18 516/23 516/25 517/4 517/6 517/8

 525/20 526/23 530/25 532/6 533/14 534/1 536/8 536/9 536/9

 536/12 543/21 544/2 544/20 545/3 546/4

Voice Casting [1] 484/5

voices [4] 472/13 495/16 497/18 507/6

Volume [1] 403/11

volumes [1] 441/21

vote [2] 552/6 564/6

W

wait [2] 429/21 525/22

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 198 of 200
W

waited [2] 526/23 526/23

waiting [4] 525/21 552/2 567/16 568/14

WAKEFIELD [52] 403/4 430/18 445/19 452/7 465/9 465/13

 466/3 466/20 466/21 466/24 467/6 467/10 469/22 470/2 470/9

 470/11 473/15 474/22 475/2 475/8 475/18 477/21 486/18

 486/23 487/9 488/4 491/12 499/23 502/15 502/17 502/21

 503/16 503/25 504/10 504/13 504/20 504/25 505/16 506/5

 506/7 507/5 515/9 524/10 526/8 527/23 532/20 533/8 533/15

 537/25 544/1 544/10 548/12

Wakefield's [27] 446/1 467/3 467/14 467/25 468/2 468/9 470/7

 474/18 474/24 477/25 495/19 499/25 502/12 502/13 503/18

 503/23 504/11 504/19 505/6 505/8 508/24 524/13 525/14

 526/18 527/16 552/18 565/16

walk [2] 503/8 533/11

wall [1] 450/17

want [86] 406/8 407/19 408/24 410/1 412/16 415/1 417/22

 418/6 421/25 424/3 424/3 427/1 441/4 441/22 450/8 456/25

 457/1 457/13 457/18 476/11 476/11 476/12 479/22 480/9

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 531/5 536/14 541/21 541/22 550/9 559/3 559/13 559/16 560/2

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 567/22 568/1 568/3 568/3 568/3 568/5 568/10 568/11 569/5

 569/11 570/10

wanted [11] 430/14 454/9 481/6 492/18 492/23 492/24 493/4

 527/12 531/6 537/6 539/19

wanting [2] 539/16 540/13

wants [8] 408/24 454/21 471/11 510/7 514/25 518/14 553/15

 569/3

was [346] 

wasn't [16] 430/25 438/23 439/18 442/10 442/12 510/17 512/16

 516/20 516/23 517/23 519/5 524/16 533/5 533/5 535/6 542/18

watch [1] 550/11

water [1] 457/21

way [51] 408/6 413/6 417/23 425/12 428/11 429/10 434/12

 434/17 434/23 437/21 439/9 441/23 442/22 442/24 448/23

 449/16 451/5 455/13 459/15 463/6 470/17 476/13 478/10 480/5

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 520/9 528/17 533/6 536/18 536/20 547/9 549/18 549/19 550/3

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ways [1] 520/5

we [316] 

we're [1] 557/19

website [2] 464/17 549/22

week [4] 433/12 492/16 569/9 569/22

weekend [1] 570/6

weekends [1] 492/2

weigh [1] 513/24

weight [6] 460/13 460/14 461/8 462/14 462/17 549/10

welcome [8] 427/2 450/9 457/18 476/16 559/10 562/10 568/4

 568/5

well [44] 407/6 407/21 416/16 422/8 425/10 429/15 434/20

 439/23 440/11 442/7 448/6 449/2 457/6 474/9 474/14 496/17

 511/8 512/6 512/21 515/13 516/19 518/21 519/5 521/3 524/25

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 568/1

went [23] 436/11 437/23 438/3 438/7 442/6 482/20 489/23

 489/24 490/14 497/22 498/6 498/13 500/9 500/11 501/20

 501/20 515/7 525/11 537/11 540/9 543/16 545/24 553/17

were [200] 

weren't [9] 432/11 501/11 517/18 517/19 518/24 525/13 535/13

 538/17 540/23

West [1] 514/19

what [191] 

what's [18] 413/3 413/22 415/11 419/6 419/9 420/10 443/7

 449/23 495/5 498/16 499/10 511/9 511/9 513/15 519/12 522/3

 536/14 570/9

whatever [6] 406/8 474/7 554/12 567/21 568/3 568/12

whatsoever [1] 541/3

when [65] 407/21 408/8 408/13 411/17 413/17 416/3 421/15

 421/21 421/24 423/9 425/7 429/13 429/25 433/7 433/9 433/10

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 523/25 524/2 524/17 524/18 524/20 525/5 525/16 528/21

 529/16 532/14 538/23 540/14 554/19 568/22

whenever [1] 437/15

where [56] 409/4 414/12 415/18 415/25 416/9 416/10 416/14

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 539/7 539/9 540/6 541/7 542/7 544/7 544/21 545/5 545/5 545/6

 545/22 546/4 557/21

wherever [2] 449/17 476/11

whether [37] 410/20 428/11 428/22 429/10 434/13 434/18

 445/11 448/21 451/2 458/9 461/21 467/19 468/2 468/6 468/8

 468/11 468/22 468/23 474/1 479/11 479/12 493/20 497/18

 505/6 505/10 506/21 517/18 518/6 526/22 543/9 552/20 553/2

 559/8 563/2 568/22 569/3 569/12

which [72] 410/14 410/15 410/17 412/1 412/21 416/20 419/18

 419/19 433/17 437/22 439/10 442/19 458/24 459/3 459/3

 460/11 461/11 461/11 470/8 471/21 472/3 472/22 472/23 473/3

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 520/13 526/11 526/14 527/22 537/20 539/1 539/3 540/24

 540/25 544/1 544/25 546/18 546/19 547/12 552/1 552/18

 554/24 555/23 557/14 561/7 569/10

while [8] 461/19 506/19 513/4 514/17 524/15 550/6 550/10

 552/2

whiteboard [4] 449/13 449/20 450/14 450/15

who [41] 408/24 422/2 422/6 422/11 426/2 430/15 431/12

 435/15 435/18 440/3 444/18 461/15 462/15 465/24 466/5

 472/18 483/9 487/10 487/22 489/8 490/5 490/6 490/7 492/5

 492/8 494/25 497/23 498/4 523/8 523/12 529/10 530/13 531/2

 531/12 532/4 532/17 545/1 551/13 558/22 558/23 564/15

whoever [2] 429/21 511/19

whoever's [1] 442/10

whole [5] 418/4 418/7 537/14 539/20 556/3

whom [2] 472/8 472/14

whose [1] 487/15

why [47] 410/24 423/18 428/23 430/9 432/5 432/7 432/8 438/14

 441/19 442/12 442/12 443/18 446/4 448/24 449/17 451/10

 452/9 455/14 490/24 508/17 508/21 511/9 515/24 516/6 520/24

 521/10 523/19 523/25 524/8 525/6 525/11 526/17 527/18

 528/15 528/20 529/12 529/13 531/3 532/23 537/20 539/14

 543/23 544/5 545/12 545/21 546/17 563/8

will [122] 406/8 407/14 407/23 408/3 408/5 408/5 409/17 411/9

 411/17 412/1 412/2 412/17 424/9 426/10 441/6 441/15 453/17

 455/7 455/15 456/9 456/16 457/3 457/16 457/19 458/7 458/12

 459/8 459/12 462/2 463/10 463/11 463/12 463/14 463/17

 466/18 470/2 470/5 470/14 470/16 470/17 470/17 470/18

 470/25 471/4 473/13 474/9 474/12 476/10 476/12 476/17 479/5

 482/12 484/16 484/19 485/4 486/12 496/2 500/5 505/1 505/1

 505/4 507/10 507/16 509/23 510/1 515/15 517/2 520/1 520/14

 520/17 522/25 523/6 523/7 526/2 530/2 542/11 546/9 548/11

 548/16 548/18 548/22 551/10 551/22 551/25 552/17 553/6

 553/8 553/22 554/2 554/3 554/4 554/9 554/11 554/19 554/20

 555/4 555/8 555/12 555/21 558/1 558/25 559/2 559/17 560/2

 560/10 561/2 561/13 563/2 565/1 565/2 565/11 566/10 567/4

 567/5 567/6 567/23 567/24 568/9 569/8 569/19 569/21 569/24

willfully [1] 473/7

willfulness [2] 568/22 569/12

win [1] 482/24

winBack [41] 418/15 418/15 418/24 419/2 419/3 419/4 419/8

 419/15 419/16 419/18 420/6 420/18 420/18 420/21 482/21

 482/23 482/24 488/8 488/17 491/13 491/15 493/16 493/18

 494/1 494/2 495/9 503/22 504/6 504/7 509/21 513/9 516/21

 521/3 523/2 527/6 530/17 537/6 542/18 542/19 542/21 543/1

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 199 of 200
W

WinBacks [6] 483/5 483/6 493/15 523/4 537/4 537/16

Withdrawn [1] 478/21

within [7] 412/24 413/5 413/20 432/19 438/2 452/11 567/11

without [18] 406/4 409/13 428/10 428/21 429/9 443/21 465/18

 469/17 471/8 489/20 489/20 507/13 518/5 555/16 556/24 567/9

 568/17 571/8

witness [32] 412/1 412/1 417/10 453/4 454/4 454/4 454/9

 454/16 459/1 460/9 460/9 461/12 461/16 461/17 461/25 462/8

 462/10 462/11 462/23 462/24 463/6 486/16 489/12 521/5 529/9

 535/1 535/5 535/7 538/23 539/22 540/4 542/22

witness's [6] 461/18 461/18 461/19 461/20 461/21 461/22

witnesses [17] 405/3 408/9 454/7 456/5 459/11 461/15 462/2

 462/15 462/16 463/2 522/9 523/14 523/19 529/13 533/19

 550/19 551/1

woman [1] 538/15

won't [5] 499/15 507/9 515/24 527/14 550/9

wonderful [1] 484/16

wondering [1] 508/1

word [7] 406/11 406/22 408/12 408/16 409/3 449/4 468/7

words [3] 408/20 412/25 416/8

work [9] 507/13 519/3 536/24 537/25 555/4 567/8 567/13

 568/13 569/25

worked [3] 492/11 532/8 536/1

working [1] 425/19

works [1] 470/17

world [2] 434/15 434/19

worries [1] 558/24

worry [1] 559/2

would [167] 407/19 408/2 410/21 413/14 414/13 414/18 414/20

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 421/5 421/14 422/2 423/15 423/17 424/11 425/22 425/24 426/1

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 454/22 456/12 470/21 471/12 474/6 480/10 480/10 480/11

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 508/10 511/20 512/24 514/18 516/8 519/12 520/2 522/7 522/8

 522/8 523/8 525/12 525/22 526/9 526/13 526/24 527/21 528/9

 531/13 531/18 531/21 532/6 532/11 532/22 534/16 535/5

 536/19 538/4 538/24 539/3 539/6 539/9 539/10 539/11 539/13

 539/14 539/23 540/3 540/3 540/4 540/4 540/5 541/9 541/13

 541/18 542/11 543/19 543/21 551/15 557/9 557/10 557/13

 557/18 558/6 558/13 558/14 558/15 558/16 559/15 560/23

 561/16 565/4 568/6 568/19 569/1

wouldn't [17] 426/17 429/8 431/4 436/15 437/24 438/17 440/1

 443/22 443/25 445/8 450/22 490/9 494/15 525/21 538/21

 538/24 557/7

write [19] 510/23 518/15 541/14 541/18 547/10 548/2 556/25

 558/1 558/23 559/2 559/10 559/13 559/20 560/2 560/11 560/23

 562/14 563/18 563/21

writing [8] 549/21 551/22 551/24 556/13 556/20 561/1 569/13

 569/23

written [27] 407/17 408/5 408/12 408/13 408/16 409/3 409/9

 409/13 422/15 438/11 456/25 458/4 465/7 465/19 466/9 469/13

 469/17 469/18 469/18 469/21 499/12 499/13 499/17 499/19

 499/22 567/20 568/23

wrong [3] 457/6 519/16 533/4

wrote [3] 495/3 497/23 541/12

Y

yard [1] 505/24

yeah [7] 416/13 439/24 440/10 448/12 535/1 542/23 543/18

year [3] 513/2 516/13 524/21

years [2] 515/3 525/19

yellow [3] 414/3 414/7 414/18

yes [92] 406/18 407/18 409/11 411/13 413/8 414/11 415/21

 417/25 420/4 421/23 422/7 423/8 424/11 424/21 425/5 425/22

 426/7 427/13 427/22 431/19 431/23 436/4 442/16 443/5 443/10

 444/5 444/7 444/23 445/6 446/4 446/10 454/7 454/14 455/6

 455/18 471/12 476/20 484/20 485/5 496/22 511/15 512/3

 512/19 513/14 528/4 533/16 533/22 534/6 540/15 540/22 544/3

 544/20 546/11 552/20 552/25 553/2 555/2 555/20 555/23 556/2

 556/4 556/7 556/10 556/11 556/18 556/22 557/10 558/5 560/9

 560/13 560/14 561/6 561/11 561/15 561/20 562/21 564/20

 565/8 565/17 565/19 565/21 566/1 566/6 566/13 566/15 566/17

 566/19 566/21 566/23 566/25 567/2 570/8

yesterday [3] 418/6 421/24 447/16

yet [4] 456/11 471/1 471/1 471/9

you [931] 

you'd [2] 456/17 487/22

you'll [17] 454/24 456/13 456/19 457/7 479/1 488/9 491/12

 494/24 497/25 498/17 499/10 501/2 504/5 520/12 524/3 528/6

 556/16

you're [19] 421/18 427/2 429/13 435/14 441/5 444/2 456/23

 480/12 487/2 494/18 513/18 524/3 529/17 556/15 556/22

 559/10 559/17 562/10 563/7

you've [11] 420/2 421/22 427/24 430/15 494/15 507/24 516/2

 537/1 550/5 553/12 562/25

your [247] 

Your Honor [61] 406/12 407/9 409/1 409/25 410/7 412/13

 422/23 426/4 426/7 426/20 427/3 440/23 441/5 441/8 446/21

 447/11 447/13 448/1 448/3 448/16 448/19 449/13 452/5 452/13

 452/15 452/20 453/23 454/2 454/6 454/11 454/14 454/17

 455/17 457/9 471/6 474/14 474/17 475/22 477/1 478/13 479/4

 484/20 485/11 485/12 485/17 485/22 486/1 486/24 487/3

 493/24 507/21 513/20 530/7 553/18 554/22 555/20 556/12

 557/16 564/17 564/20 570/3

yours [3] 457/10 457/13 552/8

yourself [4] 479/19 484/13 529/18 549/1

yourselves [3] 471/3 564/8 564/9

YouTube [1] 549/23

Z

Zac [1] 521/13

Zachary [1] 404/13

zero [3] 421/9 498/10 524/5

zoom [2] 415/2 419/22

Case 3:15-cv-01857-SI Document 303 Filed 05/15/19 Page 200 of 200