Re: Spidey Testifies! Part 1...
MR. COOPER: Also, your Honor, I believe this is a
11 witness that's here and --
12 THE COURT: Has been excluded.
13 MR. COOPER: -- there's the exclusion order in
14 effect.
15 MR. LANDISH: Well, I was going to -- that's -- I
16 wanted to ask the court. Mr. Dobry is from Chicago. And he
17 is one of our out-of-state witnesses and because of his
18 schedule I would ask that we take him out of order at this
19 time.
20 THE COURT: Does anybody have any problem with that?
21 He's got a flight back this afternoon, does he?
22 MR. LANDISH: That's correct, your Honor.
23 THE COURT: Well, I don't have any problem taking him
24 out of order. Go ahead and call him if you wish.
25 MR. LANDISH: Call Gary Dobry, please.
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
DOBRY - DIRECT 109
1 MR. COOPER: Your Honor, it's my understanding from
2 talking to Mr. Landish yesterday that this witness is going to
3 provide some testimony about chat rooms or something on the
4 Internet. And I was wondering, we might save a lot of time if
5 the Court could request an offer of proof from Landish to see
6 if there's any relevance to this testimony at all.
7 THE COURT: Why don't you give me some idea of what
8 it is that --
9 FiR. LAi~DISH: I would be happy to, your Honor. Gary
10 Dobry is an investor and he govern or guides his investments
11 through use of the Internet. And what we are presenting to
12 this Court is a stock manipulation scheme wherein Andy Mann is
13 the, perhaps the ground lease. But once those shares are in
14 the market and not cancelled or returned, it allows shorting
15 which we'll get into. And part of the shorting concept is to
16 bash the stock over the Internet. I think the Court will find
17 that there are, there's information on the Internet that only
18 an insider and only somebody who is party to these court
19 proceedings would have knowledge of. And the bashing is part
20 of the stock because what the bashers are hoping to do is
21 drive the price of the stock down to a point of a terminal
22 short.
23 And there are -- just the volume of documents that are
24 going on the Internet concerning Amazon are relevant because
25 they only start sometime after the Andy Mann transaction. So
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
DOBRY - DIRECT 110
1 I think it has great relevance to what is going on at this
2 point.
3 THE COURT: I think it's at least marginally
4 relevant, counsel. I'm going to allow the witness to testify.
5 Go ahead and swear.
6 Thereupon--
7 GARY DOBRY
8 was called as a witness by the Plaintiff, and
9 having been first duly sworn, testified as follows:
10 THE CLERK: Please state your name and spell it for
11 the record.
12 THE WITNESS: Gary, G-a-r-y. Dobry, D-o-b-r-y.
13 THE CLERK: And what city and state do you reside in?
14 THE WITNESS: [removed by admin]
15 THE CLERK: Thank you.
16 DIRECT EXAMINATION
17 BY MR. LANDISH:
18 Q. Mr. Dobry, could you give us your home address, please.
19 A. Sure. [removed by admin]
20 [removed by admin] This won't be on the
21 Internet though, the transcripts of this?
22 MR. MONTAL: I wouldn't be surprised.
23 THE WITNESS: Because I get threats already.
24 MR. LANDISH: Move to strike. I didn't -- there was
25 no question pending.
ASSOCIATED REPORTERS OF NEVADA (702) 382 8778
DOBRY - DIRECT 111
1 BY MR. LANDISH:
2 Q. Are you currently engaged in business?
3 A. Yeah. I own my own business. Pugs Boxing Gym and Fitness
4 Center.
5 Q. Do you invest in stocks?
6 A. Yeah. I invest in total market, sure.
7 Q. About how much would you say you have invested in stocks
8 at this point?
9 A. In mutual funds as well?
10 Q. Yes.
ll A. Mutual funds I'd say no mar than $200,000. And then I do
12 higher risk stocks, which are pending stocks BB stocks, and I
13 say there no more than $10,000. Not much.
14 Q. Have you invested in Amazon Natural Treasures?
15 A. Yes.
16 Q. And when did you first become interested in Amazon Natural
17 Treasures?
18 A. There was a stock called Rocky Mountain International.
19 There was an individual named Michael Zappara who was involved
20 in this case. Michael Zappara was involved with the promotion
21 of Rocky Mountain International. I followed the trail from
22 Rocky Mountain International to Amazon Natural Treasures and
23 was curious about what his involvement was with Amazon Natural
24 Treasures.
25 So in performing due diligence on Amazon Natural Treasures
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
DOBRY - DIRECT 112
1 I made the phone call to the IR Department and the person who
2 took my call was Charlie Kricfalusi. So that's how I got
3 first interested in Amazon Natural Treasures.
4 Q. And you've invested some moneys in Amazon?
5 A. Right.
6 Q. Are you --
7 A. This is after performing due diligence, not at that time.
8 Q. Would you explain what you mean when you talk about
9 performing due diligence?
10 A. Well, everyone's probably different. To me it's just
11 seeing whether the company is legitimate, what the float is,
12 what the outstanding shares are, if the company is legitimate,
13 up to date on its filings with the SEC, all the criteria that
14 would allow you to be comfortable with an investment no matter
15 how large or small in a risky stock which I would consider
16 OTCBB stocks to be.
17 Q. I'm sorry. The judge asked that we not use initials
18 because he --
19 A. Oh, over the counter bulletin board stocks. They are
20 risky because there are some stocks -- they say 90 percent of
21 all bulletin board stocks will fail. So they are high-risk
22 investments so they require a lot of diligence. But the
23 rewards are good if you do find that diamond in the rough. So
24 Microsoft was 73 cents at one time, so --
25 Q. Are you aware of a gentleman by the name of Andy Mann?
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
DOBRY - DIRECT 113
1 A. Now I am. Sure.
2 Q. Well, how did you learn of Andy Mann?
3 A. It was either through the company's press releases or on
4 the Internet. One of the two. I'm not sure which was first.
5 Q. Okay. In your administration of your shares how do you
6 monitor what Amazon is doing?
7 A. I'm not sure I understand the question. I'm sorry.
8 Q. All right. I'll rephrase the question. How do you keep
9 track of the progress of your stock?
10 A. Oh, I monitor the stock as I would all stocks. Most of
11 the stocks I invest in are mutual funds so they're just total
12 market dollar cost average that I don't look at. So that's an
13 investment. But a risk stock like Amazon who's a target of,
14 in my opinion, a cybersmear campaign it's a highly risky
15 investment. So what I do is monitor it every day via the
16 Internet of course.
17 MR. MONTAL: Objection, your Honor, as to that
18 characterization and move to strike.
19 THE COURT: It will be stricken.
20 THE WITNESS: Sorry.
21 THE COURT: Not the entire testimony.
22 MR. LANDISH: I appreciate that, your Honor.
23 BY MR. LANDISH:
24 Q. What do you do in order to monitor Amazon stock on the
25 Internet? What are the steps that you take?
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
DOBRY - DIRECT 114
1 A. Sure. The only you really have to go by are SEC filings
2 and company press releases. The rest you're pretty much going
3 on faith that all that is accurate. So what investors will
4 talk about the merit of investments on the Internet which was
5 supposed to be -- the supposed tool of the Internet. But it
6 appears there's individuals who -- I don't want to say
7 something wrong -- who attack the stock for whatever reasons
8 they have, and they make claims. And what you try to do is
9 verify the claims. So for instance --
10 UNIDENTIFIED SPEAKER: Objection, your Honor.
I1 Hearsay.
12 MR. MONTAL: And there is no foundation for any of
13 this, your Honor.
14 THE COURT: Well --
15 MR. LANDISH: I think there is foundation.
16 THE COURT: I think there is foundation. He's an
17 investor and he studies the market through the Internet.
18 MR. MONTAL: -- as to what the Internet was created
19 for.
20 THE COURT: Objection is overruled. Let's move on.
21 THE WITNESS: I can answer that directly I think.
22 BY MR. LANDISH:
23 Q. Please do.
24 A. Oh, no? You don't want me to --
25 THE COURT: What is the question?
ASSOCIATED REPORTERS OF NEVADA (702) 382-8778
- Jeff
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