Free Letter - District Court of Delaware - Delaware

Case 1:04-cv—OO360-JJF Document 49-3 Filed 06/O3/2005 Page1 of 3
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1 IN THE UNITED STATES DISTRICT COURT
2 DISTRICT OF DELAWARE
3
TRILEGIANT LOYALTY )
4 SOLUTIONS, INC., )
)
5 Plaintif f , )
) Cause No. 04—360—JJF
6 Vs. )
)
7 MARITZ, INC., )
)
8 Defendant. )
9
10
11 DEPOSITION OF FRAN SCHUSTER
12 TAKEN ON BEHALF OF PLAINTIFF
13 MAY 19, 2005
14
15
16
17 Reported by Celena D. Moulton, RPR, CCR
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19
20
21
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25
EXHIBIT
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2
3

Case 1:04-cv—OO360-JJF Document 49-3 Filed 06/O3/2005 Page 2 of 3
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1 FRAN SCHUSTER,
2 duly sworn to tell the truth, the whole truth, and
3 nothing but the truth, testified as follows:
4 DIRECT EXAMINATION
5 QUESTIONS BY MS. DAVIS:
6 Q. Good morning, Ms. Schuster. My name is
7 Sharon Davis. I represent the plaintiff, Trilegiant
8 Loyalty Solutions, in the pending litigation between
9 Trilegiant and Maritz. I'm going to be asking you some
10 questions.
11 Have you ever had your deposition taken
12 before?
13 A. No.
14 Q. Let me just tell you a little bit about the
15 ground rules and what I'm going to be doing. I'm going
16 to be asking you questions, and expect that you answer
l7 my questions completely and truthfully.
18 Do you understand that that's one of your
19 obligations today?
20 A. Yes.
21 Q. As you can see here, we have a court
22 reporter here that is taking down everything being said
23 by all the parties in the room. So it's important that
24 you give answers orally rather than with nods or
25 gestures. That will help out the court reporter.

Case 1:04-cv—OO360-JJF Document 49-3 Filed 06/O3/2005 Page 3 of 3
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1 that is selling, you know? "Customer" is kind of
2 nebulous. I apologize that I can't answer the question.
3 Q. No. I understand why there's the confusion
4 for the issue. So let's talk first about the end—user,
5 as you said.
6 A. Okay.
7 Q. Are there any programs in Maritz Incentives
8 where an award or incentive is provided to an end—user,
9 a purchaser of a retail product?
10 A. No. Not to my knowledge. Most of our
ll programs are all for, like I said, employees of
12 organizations. Our programs are directed at them.
13 Obviously, every single person ends up
14 being an end—user. But our programs are directed toward
15 employees for behaviors that they will deliver to help
16 that employer drive results, or channel, you know,
17 different entities within the channel, such as a broker
18 organization, in the case of a food service or in the
19 case of financial, it might be an agent.
20 In the case of high tech, it might be a
21 dealer or distributor or wholesaler, those kind of
22 business entities that actually facilitate the
23 availability of the product to the actual end—user.
24 More the middle man, I suppose.
25 Q. Can you give me an example of an incentives

Case 1:04-cv-00360-JJF

Document 49-3

Filed 06/03/2005

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Case 1:04-cv-00360-JJF

Document 49-3

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Case 1:04-cv-00360-JJF

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