Free Other Notice - District Court of Arizona - Arizona

Case 2:04-cv-00424-ROS

Document 482-5

Filed 08/21/2008

Page 1 of 6

Case 2:04-cv-00424-ROS

Document 482-5

Filed 08/21/2008

Page 2 of 6

513012008 Gilmore, Jack

Q.

But there were phone calls between you and

Mr. Brininger about this case. MS. MARTIN: Objection. Correct? Just at the beginning.

MR. WILLIAMS: THE WITNESS: BY MR. WILLIAMS:
Q.

When was that phone call? I don't - - I don't recall. What did you tell Mr. Brininger on that phone

A.
Q.

call? MS. MARTIN: Objection.

Don't answer. BY MR. WILLIAMS:

Q.

Did you print these e-mails out from your

computer? A.
Q.

Yes. Did you take these e-mails and submit them to the

Department of Labor? A.
Q.

If there is in these books, yes. In fact, when you reference them way back on page

61, you describe these e-mails as being in the section, to Ms. Paradowski, as the - - "The attorneys we contacted seeking help, tried to rip us off," right?
A.

Yes. So you were sending these e-mails to

Q.

Case 2:04-cv-00424-ROS

Document 482-5

Filed 08/21/2008

Page 3 of 6

513012008 Gilmore, Jack

Ms. Paradowski so that she could see what happened, right? A.
Q.

If they're in those three books, yes.

And they're in this book that's right in front of

you, right? A.
Q.

Yes. So you sharedthese e-mails with - - with the

Department of Labor, right? A.
Q.

Yes. Now, what did Mr. Brininger say to you on the

phone about the statute of limitations? MS. MARTIN: Objection.

Don't answer. MR. WILLIAMS: BY MR. WILLIAMS: 1'11 withdraw the question.

Q.

What did you tell Mr. Brininger on the phone

about what people at Allied knew in 1984? MS. MARTIN: Objection.

Don't answer. MR. WILLIAMS: For the record, the

defendant's position is that there was a subject matter waiver based on the e-mail communications that represent the totality of the e-mail communications between Mr. Gilmore and Mr. Brininger on the subjects that are discussed in these e-mail accounts, and that we're entitled to ask him about his telephone communications on

Case 2:04-cv-00424-ROS

Document 482-5

Filed 08/21/2008

Page 4 of 6

513012008 Gilmore, Jack

those subjects . We're also of the view that there was no attorney-client privilege that inhered at the time that those phone calls were made and that we're entitled to inquire about them. I'd like to ask the question one more time. If you'd like to instruct him not to answer, that's your right, of course, but that's our position, and I think that it's pretty well founded. MS. MARTIN: again. You don't need to ask him I'm asserting

I've instructed him not to answer.

that there was attorney-client privilege, and that based on the conversation you're asking about, there had been no waiver of the attorney-client privilege at that juncture, and you're not entitled to inquire about that. And

your - - and your question assumes facts in (sic) evidence. MR. WILLIAMS: We'll - - we'll just - - we I 11

just make sure that the record is clear on this.

THE WITNESS:
BY MR. WILLIAMS:
Q.

Okay.

What did you tell Mr. Brininger about what was

known at Allied in 1984? MS. MARTIN: Objection on privilege. Don't answer. Objection. Objection to form.

Case 2:04-cv-00424-ROS

Document 482-5

Filed 08/21/2008

Page 5 of 6

513012008 Gilmore, Jack

BY MR. WILLIAMS:
Q.

Did you tell Mr. Brininger anything about what

people at Allied knew in 1 9 8 4 ? MS. MARTIN: Objection.

Do not answer. BY MR. WILLIAMS:
Q.

Did you tell Mr. Brininger on the phone anything

about the statute of limitations? MS. MARTIN: Objection. Same.

Do not answer. BY MR. WILLIAMS:
Q.

During your phone conversations, did

Mr. Brininger tell you anything about the statute of limitations? MS. MARTIN: privilege grounds. MR. WILLIAMS: You're not going to let him Objection to form, objection on

answer any questions about this, Ms. Martin? MS. MARTIN: No. Notwithstanding the position

MR. WILLIAMS:

that we stated on the record? MS. MARTIN: Correct. We'll just move on. I'm

MR. WILLIAMS:

sorry that we can't complete this - - this area of inquiry.

Case 2:04-cv-00424-ROS

Document 482-5

Filed 08/21/2008

Page 6 of 6