Free Motion in Limine - District Court of Colorado - Colorado

Case 1:04-cv-01160-LTB-CBS

Document 108-4

Filed 11/17/2006

Page 1 of 4

EXHIBIT C

Case 1:04-cv-01160-LTB-CBS

Document 108-4

Filed 11/17/2006

Page 2 of 4

Isabelle Kevorkian- August4,2005 Der

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

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C i v i l A c t i o n N o . 0 4 - B - 1 16 0 ( C B S ) ISABELLE DeT KEVORKIAN,
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L I O N B R I D G E T E C H N O L O G I E/S I N C . , d/b / a LIONBRfDGE US, INC . , t al . Defendants.

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S E C O N DD E P O S I T I O N O F T S A B E L L E D E R K E V O R K ] A N August 4, 2005

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APPEARANCES:

Deposition Location: !L25 17th Street, Suite 600 Denver, Colorado 80202

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J O E L C . M A G U T R EE S Q . , DIETZ AND DAVIS/ P.C. 2 0 5 0 B r o a d w a y , S u i t e 40 0 B o u I d e r , C o l o r a d o 80 3 0 2 For the Plaintiff

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AVERY OODS REPORTING W
455 Sherman Street, Suite250 . Denver, Colorado80203 . 303-825-6119 1-800-962_3345 303_393_8305 . FAX . www.averywoods.net

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Case 1:04-cv-01160-LTB-CBS

Document 108-4

Filed 11/17/2006

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Isabelle Kevorkian- August4,2005 Der
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1 of 2002that Lionbridgewasnot goingto try is to 2 anymore keepyou in theUnited States; that
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fair?

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4 A Yes. 5 you realized that same time, at a And of 2002,that,in your belief, 6 or November December had Ms. Ross madeerrorsin termsof whatthe 8 prevailingwageproblemwasandhow it couldbe 9 circumvented? l0 A Yes. l1 of a Prior to this meetingin September 12 2002,I'm just usingthatasa time frameto pick a 13 but date,basically, prior to that time, you did not know that Ms. Rosswasactingasyour attorney 1 4 t5 correct? for anypurpose, l6 A Correct. t t her a And you hadnot retained asyour l8 lawyer? l9 A Correct. 20 as the a You reached understanding, I your discovery that responses, Ms. Ross 2 1 understand 22 at wasyour attorney somepoint in late2004;is that correct? 24 A Yes. 25 a How did you reachthe understanding
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beforethe Did you understand that 2002meeting Ms. Rosswasa lawyer? September A Yes. a How did you havethat understanding? to A Because wasreferred asone. she signature it's And i suppose alsoin theautomatic are communications beingsentout of of whatever heroffice. beforethis a Did you understand wasproviding that 2002meeting Ms. Ross September Lionbridge? for legaladvice so. A I suppose you sit heretoday,I takeit it's a As your belief nowthatMs. Rosswasyour attomey process, correct? duringthe visaapplication to be my A Thatshewassupposed attorney. a Wassheyour lawyer? A I'm not surewhatyou meanby this question. now,asyou a Okay. Do you consider you consider Ms. Ross was that do sit heretoday, purpose? your lawyerfor any A Well,wasshemy lawyer?I leamed " to that shewassupposed be. Do I think,hu, ,hJutt in acted my behalf?No,I don't. Q And whenyou sayyou leamedshewas -to supposed be,what conversations anddon't you havehadwith tell me aboutanydiscussions your lawyer,Mr. Maguire,but what conversations are areyou awareof or what documents you awareof to you that Ms. Rosswas supposed be your that tell lawyer? -A Whatconversations I'm sorry. Say it again. was a Sure.Why do you think Ms. Ross to beyour lawyer? supposed how -- I honestly A I can'tremember how I foundthat out, but I found can'tremember to out that shewassupposed be actingon bothmy behalf. andLionbridge's a Okay. We sentyou somewritten and questions, calledinterrogatories, some by we havereceived, And for requests admissions. Do you copyof those. at a telecopy least, signed somequestions of the remember process answering that we submitted? A Yes. you,in we a Oneof the questions asked
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I that Ms. Rosshadbeenyour attorney? 2 of in A Because thecourse these 3 to proceedings,foundout that shewassupposed I 4 both be representing Lionbridgeandme. 5 Q Whatwas it that gaveyou that 6 a or Wasit seeing document, whatis impression? you 7 that it from the proceeding convinced that that 8 wasthe answer? 9 A Well, I wasjust told that'swhatit l0 was. 11 2002meeting, a Prior to the September 12 was that did you havean understanding anyone 13 actingasyour attorney? 14 A No. 15 2002meeting, a Prior to this September of whatwasyour understanding whatMs. Rossand 16 1'/ her officeweredoing? 18 was A My understanding that theywere to employed Lionbridge work on theiremployees' 19 by 20 visas. 2l Q And what werethey doing,asyou 22 2002specifically understood, beforeSeptember it 23 asto yourvisa? 24 a A Well, theywereputtingtogether 25 me caseso thatthey couldsponsor for a green

INC. SERVICE, AVERY WOODSREPORTING 19 303-825-61

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Case 1:04-cv-01160-LTB-CBS

Document 108-4

Filed 11/17/2006

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Der Isabelle Kevorkian- August4,2005
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I the one,we asked:State date number interrogatory your 2 by Rosswasengaged you to act as Defendant a J to with respect your effortsto legalcounsel 4 to obtaina greencard. And with respect the date A, 5 identifu,anddescribe, you so identiff, state, 6 all factsuponwhichyou rely in identiffing such 7 Ross;B, the Defendant as date the dateyou engaged 8 of numbers any and addresses, telephone names, 9 of who haveknowledge suchfacts;andC, persons your claim that such 10 that any document supports 1l Ross' Defendant datewasthe dateyou engaged t2 and And youranswer, I'll let You 13 at it herein a minuteandlet your counsel look never l4 was: Defendant at it, but your answer look that 15 Ross. It appears shewas Defendant engaged thatRoss l 6 by Lionbridge.Plaintiffwasaware hired t7 but cardprocess, wasinvolvedin thegreen to l8 wassupposed be plaintiff did not knowthatRoss t9 until late2004. According asher attomey acting in 20 by Ross,shewascontacted Lionbridge early to 21 2002. 22 Thenlater,in a follow-upquestion, for askagain,in a differentmanner, documents 23 we 24 wasto identiff relatingto that. And your answer in thatMs. Rossproduced herdeposition. 25 documents
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MR. MAGUIRE: Okay. TI{E DEPONENT: Any other .. MR. BOLMER: Yeah. really thoughtabout A Well, I haven't from moretime. Documents this. So sayit one whom? Let a (By Itutr.Bolmer) me aska differentquestion.In the courseof giving these that we have to written responses written questions asked,you identified a particular documentthat in Ms. Rossproduced the courseof this lawsuit. severalof them there,relatedto My questions, this notion. You'resayingMs. Rosswas your attorneyand shedidn't do what sheshouldhave I'm done. And the question trying to focuson is: Why do you say shewas your attorneY? So let me askthis question: Other than what you have identified as a documentthat and Ms. Rossproduced portionsof Ms. Ross's deposition,do you haveany reasonto tell me that Ms. Rosswas your lawyer? A I certainlydo. I was told that she was. a And who told A And I believethat there are 37 Page

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that I documents reflectthat. And I will showyou lateroneof the documents Okay. Who told you shewas Your 2 in wasidentified Ms. Ross's that a specifically lawyer? J to But deposition. my question you is: Is the A Well, I found out throughthe course 4 that process this lawsuitandthe documents were of proceedings. And I needto think about 5 of these produced way you foundout Ms. Rosswas the I've 6 that,because lookedat a lot of thingsand -to beyour lawyer? supposed MR. MAGUIRE: He's askingYouto 7 A Yes. 8 focusat this time on why you believeMs. Rosswas Okay. And I readyou your response a 9 actingasyour attorney.And he'sacknowledged No. to Interrogatory 1, andlet me haveyou look at 1 0 that thereis - that we havecited certain your recollection.But my question that to refresh of testimony Ms. Ross,andalsowe have otherthan l 1 deposition is: Do you know of any otherdocuments, that l 2 cited a certaindocument sheproducedas produced this case, would that in thingsMs. Ross showingthat she that l 3 evidence we -- asevidence to the support notionthat shewas supposed be your 1 4 was your attorney. Okay? And he'sjust askingyou lawyer? l 5 are you awareof anythingelseat this time that A What is it that you want me to look 1 6 would showthat shewas actingasyour attorney. at? MR. BOLMER: Right. 17 and asked, your a This wasthequestion to A Nothingcomes my mind right now. 18 And response. I wantto just seeif thereis any 19 or that otherconversation document you canthink a (By Mr. Bolmer)Another way to phrase 20 that is, to the bestof your knowledgeas you sit was Ms. Ross of thatyou'rerelyingon in saying 2 1 heretoday,is the answerto the question,Why do to beyour lawyer. supposed )7 you think Ms. Rosswas your attorney,is the most MR. MAGUIRE: Whenyou say "conversation," you referring depositions, you have given z) completeanswerto that the answers to are 24 us to your written discoveryresponses? for instance? A Yes. 25 MR. BOLMER: Yeah.
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