To: Louie_al-Arouri who wrote (1167 ) 12/22/2004 5:40:10 PM From: scion Respond to of 5425 The deposition of Gary Dobry In re: Marchese vs. Dobry DATE: March 29, 2002 Message 18150629 MR. RICHTER: As you know, the witness is 44 years old. You're asking him in his entire 44 years has he ever used the word mobster. MR. ARGENTAR: Yes. MR. RICHTER: Oh, okay. That's your question. I object to the question. THE WITNESS: You asked me in my whole life have I used the word mobster. MR. ARGENTAR: Yes. A I believe I have. I just used it right now. MR. RICHTER: You know, in the transcript here, you've identified me as the witness. BY MR. ARGENTAR: Q You what, give me five minutes let me let me check my notes. I think I may be done. MR. RICHTER: Well, we have to vote. MR. ARGENTAR: Let's go off the record. THE VIDEOGRAPHER: Going off the record at 2:22 p.m. (Recess taken from {time} {a.m.|p.m.} to {time} {a.m.|p.m.}) THE VIDEOGRAPHER: Going back on the record at 2:27 p.m., please proceed. BY MR. ARGENTAR: Q You testified earlier that you have received a report or a document from a private investigator regarding Mr. Marchese; is that correct? A Right. Q Okay who was the private investigator? A I.S.A. Q Is that Jim Miller? 4 A Jim Miller, I think runs I.S.A. but, yeah, the report I came from came from I.S.A. on Mr. Marchese. Q Where is I.S.A. located, do you know? A In the loop. That's all I know. Downtown. I haven't been there for a while. MR. RICHTER: You know, David as far as I know, this report would probably be producible if it falls within the scope of the requests but I certainly reserve the right to determine whether it's attorney work product. MR. ARGENTAR: Certainly and since we talked about we don't know when this document is produced, I understand there could be an issue regarding that. BY MR. ARGENTAR: Q We are done. Subject to my right to recall this witness regarding any additional documents or other materials which have been previously requested and which have not been produced, and which I have requested be produced today. MR. RICHTER: And I -- I agree with you, David, that we will follow up on each of the items that are mentioned. We will make a general search because it was reference to a box of documents and we will -- we will supplement our prior production as appropriate, and I agree with you, that if there are further supplements that have to be produced, that -- that might produce appropriate follow-up questions at a subsequent deposition session, and I believe also that you're going to produce a copy of Mr. Marchese's telephone logs without your notes on it. MR. ARGENTAR: If I haven't done so and if I determine that it is, in fact, responsive to previously served discovery requests then I will do so. That is correct. Signature? MR. RICHTER: Yeah, we're going to reserve signature. I've got to stop saying yeah. Yes. We will reserve signature. MR. ARGENTAR: And on that note I think we're done. THE VIDEOGRAPHER: Going off the record at 2:29 p.m. at the conclusion of the deposition of Gary Dobry. (2:29 end)