Free Motion for Protective Order - District Court of Connecticut - Connecticut

Case 3:03-cv—O10 SF{U D0cument41-2 Filed O4@9/2004 Page10f4

Case 3:03-cv-O10®SRU Document 41 -2 Filed O4/29/2004 Page 2 of 4
`
( ` w 4 _ V
-
IN'[!·1EINI'1EDS.m'I‘$DlS'I‘|?.ICI‘(X`XJRI‘ Aggggggtjggg
FUI THE DISI‘RICI‘ OF GINK.'1’ICUI'
· 3 --------—---——---- x LAW OFFICE OF CHERYL E. HEFFERNAN
= Attorneys for the Plaintiffs `
.. JOSEPH AITIAS and HAIM AITIAS, 2842 Old Dzbmell Avenue
( Plmm., ‘ .%, eq.
: Civil ACt1OI1 I
vs. : NO. 3:03 CV 01009 SIELEY RUPJNEI, P.C. `
PA’I‘M!E MUTUAL INSURAMZE OIMPANY (SRU) Attorneys for the Defendant
OF ¤»N¤1'I'ICIJ'I‘, : Suite 305
Corporate Gamer West
Defendant. ·~ : 433 South Main Street .
----—--—-——-----—— x · Ii-I§x.rtgg3?0Oor¤1ecti0.1t 06134-0890
By: JOEL J. ROHNEI, Esq. (
Oepcsiticn of S®.l'I‘ MICHAEL. TERRA, takm · `
pursuanttotkxeFedera1Rn11esofCiv11 -
Procedure, at the law Office of Cheryl E.
Heffernan, 2842 Old Dixwell Avenue, Hamden,
_ ` omnecticut, before emits cone-¤, a i
` . Registered Mu-lt Reporter and Notary Public V ‘
in and for the State of Connecticut, License
Nunber 00041, on Tuesday, October 21, 2003,
‘ at 10:05 a.m.
SCRIBE, INC. K scgxmgs, Img,
Q . .
1 (Notice of deposition, dated 1 that, one, I get to finish my question and you get to
` 2 Sqstarber 19, 2003, nerked Plaintiffs' 2 finish your answer and that we d¤n’t talk on top of
3 hdmibit 1 for identification) 3 each other.
4 4 Do you understand that?
5 S¤7I'1‘ MIC!-IAEL. TEJQRA, 5 A. Yes.
6 called as a witness, having first been duly sworn 6 Q. It’s also inportant that your answers go in
7 byBcmitaOohen,aNotaryP(1b1icina1·ndforttne 7 theformofwonds. Uh-huhsoruh—u11sarerxotableto
8 State of Oonnecticmt, was examined and testified 8 be followed.
9 ` as follows: 9 Do you understand that?
10 DIRKT EXAMINATIGG 10 A. Yeah.
11 BYvS.l·IEFFmNAN: 11 Q. Ifatanytimeyoudorzotxunderstanda
12 Q. Mc. Terra, my name is Cheryl Heffernan. I 12 question t.hat I'Ve asked, please feel free to ask me to
13 represent the Attiases in this netter against 13` repeat it or rephrase it.
14 Patrons Mutual Insurance Oonpany. 14 Do you understand that?
15 Have you ever hem deposed before? 15 A. Yes.
16 A. No. 16 Q. If you do answer the question that's asked, I
17 Q. I’msureyourattorneyhasgorxethrought1·1e 17 willassunethatyouunderstoodtlmequestiorxaxxdyou `
18 basic rules of the deposition process, but I’m going to 18 are answering that question posed. V
· 19 dothatfortherecord. 19 Doyouurnderstaxzduut?
20 A. Okay. 20 A. Yes.
{ 21 Q. Oneoftheprimarynxlesisthatwehavea 21 Q. Areyouonanymedicatimordoymxluveany §
0 22 court reporter sitting down here, taking down 22 medical condition that would affect your ability to
23 everything that's being said. 23 answer my questions today?
24 A. Yes. 24 A. No.
25 Q. Because cf that, it's sctnemely inportant 25 Q. If at anytimeyomxxxeedabreaktotalkto

. 1
Case 3:03-cv-O10®SRU Document 41 -2 Filed O@9/2004 Page 3 of 4
` 169 170
_* 1" ·Q. Afterrece:Lptofttuesefornus,wast11ere 1 determin:Lnga1ossva1uea:1dre;>laoerusr1t cost,
* 2 anyth;Lngfurtherdoneinregar=dstoreeva1uatingttueir 2 etcetera?
3 clainus? 3 A. correct.
4 4 A. - At that point, the bulk of the file was in 4 Q. And did you follow this outline? _
D _ 5 Blackburn’s hands. They handled mst of it from that 5 A. (No audible response)
6 point forward. 6 Q. Take your time and look it over. I d¤1’t `
7 _ Q. From what point forward? 7 want to rush you.
8 A. From the deposition, they were -- forward -- 8 ` A. Okay. `
9 they were quite involved with the file. 9* (Pause in the proceedings) .
10 Q. So what action did after the sworn 10 A. Yes. i A
i 11 statement under oath was —- sworn statenent was taken? 11 hs. HBFHERNAN: I'm done for now, but
12 A. We had talked about the misrepresentation and 12 until I receive the test of the documents,
13 the process of derying the claim, and that’s what 13 I'm not willing to conclude this deposition.
14 happened. 14 I don’t lmow whether those documents would 1
15 Q. You had te1q>hme ccnversations regarding 15 lead to any further questions. `
16 ` that? ` 16 M2. RUNNER: I have no prcblem with I
V 17 ` A. I had a te1q>hcne conversation with Peggy 17 i i contirming the dqzositicn for the purpose of
18 Ralphs, ya. 18 any further questions ttat those documents E
19 Q. Andthosearenotdocurueu1tedanywt2ere? 19 -m:Lght1eadto,buxt,astoanyth.i1ugelse,Ida I
20 A. No. 20 have a prroblen. `
21 Q. Now, back to the policy manual. 21 If you ask a questiax and want to come
i 22 _ At 10.1.1 cn page 26 —— 22 back and you can state to me any rational 1
23 A. Okay. 23 basis that that document leads to any other
24 Q. -- looking from 26 to -- let’s see -- 29, 24 · question, I wu·u’t interfere with that. But
25 thattalksaboutwhatyou1’retodoastt1eha11dlerin 25 if itdoesn’t -- ifthedocunent suggests
` \
SCRIBES, IIC. SCRIBES, IN:.
U 171 172 i
`
1 something you wouldn't otherwise have thought 1 MR. RUITNER: I uon’t agree to that.
2 of, that’s fine. 2 You can ask Attorney Ralphs the
3 : 'I‘heonlycaveatIhave 3 questions. Ycucanrequesttaertoprodxxce §
4 to that is I did expect the attorney’s file 4 her file. We’l1 get the file. We'l1 try to
5 as well. 5 get it in the sane condition we’ve dcne with
6 MR.IU1'INI·'R: 'IhatId¤1’tthinkwas 6 Chl.Sfl1E,%W€CB!l$C]'lI` 7 requested. 7 orderly basis.
B NS. : I don't want to argue B But I'm not conceding that whatever you
9 aboutit. Myrequestv:asbroade¢wnightt1atI 9 lear·nfromAttorneyRalpl1sgivesyou.ut11e
10 felt it included that. 10 right of the second bite of the apple of
11 However, he's testified today that 11 Mr·. Terra. Whatever you learn fr¤n the
12 there’s conversations that he had with the 12 documents that we didn't get from the
13 attorney that he doesn't have docunented; 13 computer —— I have no problan with you asking
14 that he had input into putting together some 14 whatever you’d like to ask Mr. 'Derra about
15 evaluation infortration that resulted in the 15 those at any time.
16 settlanmt of the m:>rtgagee's claim, but he 16 NB. HEFFERNAN: I guess what we’l1 have {
17 doesn't have any document. Attorney Ralphs 17 to do is, once we have the deposition, I'll 3
18 hasthat. 18 A renotice Mr. Terra. Wecancnlydothat in `
19 So,youknovv,v1t1atIwou1ldsu1ggestis 19 cour·t,becauseIdot11i.:1kttuatttuerequ1est
20 let’s do Attorney Ralphs’ deposition nant and 20 was broad enough to have included \
21 then bring hi.m back, and I can ask him any 21 Attorney Ralphs' file. i
0 22 questions -- I did expect to have those 22 And I also dm': think I'm prohibited
23 docurne1tshecetoday,axxdIunderstarudthere 23 fromcomingbackandreruc>tic:i.:zgscrrusourne’s
24 was a different interpretation. I'm not 24 deposition a second time if I've obtained new
25 claiming had faith. 25 infomation that leads to that being · )

1
Case 3:03-cv-010@SRU Document 41 -2 Filed 0339/2004 Page 4 of 4
173 _ · ` 174
1 ‘ necessary. sordratherzzotwestetirre n ‘ ·
2 court, t I’m ' to
dickering in the bu will do m THE D cr
mg PCR THE DIS'I‘RICI‘ GF ¤2Nlm’I'ICUI‘ p
3 tmt. ‘
---•--•-•--•---·-•x '
4 Doyouwanttostartlookirngatdates, :‘
JOSEPH A'I'I'IAS and HAIM A'I’I’IA$,
5 availability, for the nsct round of : p
Plaintiffs,
6 dqnositions? : Civil Actim
vs .-,·
7 I’m going to want to speak -- : No. 3:03 CV 01009
_ PATRCIB NUIUAL INSURAIIZB ®•4PANY (SRU)
8 (Discussion off the record) OF OJI·NBI.'I'I¤II‘, ‘ :
9 MR. ROTINER: I have no questions. nbefendant. _ :
10 (Time noted: 2:58 p.m.) -----—---·-------- x `
11 (Jurat follows ch page 174, no omission) 4
12 Withtheamiditimofttaectarnges, if ‘
13 ` any, indicated on the attached urata sheet, `
14 thefovregoingisatrnxeazmdaconunte .
15 transcript of my testimony given in the
16 above-untitled actim on October 21. 2003.
17 ` ,
18 ` `
1 2
19
Subscr:Lbed and worn to before me. the
20
xmdersigned authority, on this the day of
21 I
, 2003. 1
22 . 1
za
‘ NSE Ek
24 · 1
My oonmission acpires: 1
25 1
SCRIBE, INC. SCRIBE, IIC. 1
175

INDEX CERTIFICATE 1
Egigggm I
· Iherebyoertifytl·1atIamaNotaryPs1b1ic, E
Page I 1
in and for the State of Connecticut, duly conmissioned 1
Direct examination by Ms. Heffernan ................. 3 1
and qualified to adninister oaths. {
PI.AINI'IFF‘S' ExHZIZBI’I'SFORIDEI*l'I'IFI§C1i Ifuxthercertifytlutt1·xedeponentnan1edin
_Ng. Descrigig Page the foregoing dqosition was by me duly sworn. and
` 1
1 Notice of deposition, dated September 19, ..... 3 thereupon testified as appears in the foregoing 1
2003 ’ 1
deposition; that said dqzosition was taken by me _ 1
2 Dover page and copy of claims file, privilege . 7 ` 1
logande-nail,sec.medwithar11bberbarxd stenographicallyinthepresexzceofoonmselaxmdredxloed 1
3 Copy of sections 1 and 4 of clains file ....... 15 to typewriting under my direction, and the foregoing is
a true and accurate transcript of the testimcny.
Ifurtheroertifyt11atIamneit11erof
counselnou:·attor·neytoeit}1eroftk1epartiestosaid
(Exhibits retained by Ms. Heffernan) suit, nor am I an enployee of either party to said
8uiC,DDI'Of€j.U’@'®LJDS€1j.I1S8idS\lJi.C,I1OI‘BmI
interested in the outcome of said cause.
witnessmyhandar¤isealasNotaryPs1blic 1
- 1
this day of , 2003.
Notary Public
Commission ires:
30, 2% ~
1