Corcoran et al v. CVS Health Corporation

Northern District of California, cand-4:2015-cv-03504

Exhibit 32

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0 Exhibit 32 REDACTED VERSION OF DOCUMENT SOUGHT TO BE SEALED Case 4:15-cv-03504-YGR Document 436-7 Tyler Filed 05/05/20 Page 2 of 10 Clark October 26, 2016 1 Page 1 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 Christopher Corcoran, Elizabeth Gardner, Tyler Clark, Michael 5 Norkus, Zulema Avis, Robert Garber, Toni Odorisio, Robert 6 Guarnieri, Onnolee Samuelson, Robert Jenks, Debbie Barrett, Carl 7 Washington, Robert Podgorny, Vincent Gargiulo, Zachary Hagert, 8 Kevin Cauley, Linda Krone, Carolyn Case No. Caine, Ken Bolin, Walter Wulff, 9 Amanda Gilbert, and Gilbert Brown 15-CV-3504-YGR on behalf of themselves and all 10 others similarly situated, Plaintiffs, 11 vs. CVS PHARMACY, INC., 12 Defendant. ______________________________ 13 14 15 VIDEOTAPED DEPOSITION OF TYLER CLARK, VOLUME I 16 17 October 26, 2016 18 9:20 a.m. - 4:37 p.m. 19 600 Montgomery Street, Suite 3200 20 San Francisco, California 21 22 23 REPORTED BY: 24 James Beasley 25 CSR No. 12807, CCR No. 835, RPR U.S. LEGAL SUPPORT (877) 479-2484 Case 4:15-cv-03504-YGR Document 436-7 Tyler Filed 05/05/20 Page 3 of 10 Clark October 26, 2016 26 to 29 Page 26 Page 28 1 Q. How long was that call? 1 Q. Do you -- are you a plaintiff in this 2 A. Five minutes. 2 case? 3 Q. Was anyone else on the call? 3 A. Yes. 4 A. No. 4 Q. Do you know the names of any other 5 Q. Do you have an understanding as to whether 5 plaintiffs? 6 Mr. Lewis is representing you in this litigation? 6 A. No. 7 A. I do, yeah. 7 Q. Do you know whether there are other 8 Q. And is he representing you, to your 8 plaintiffs? 9 understanding? 9 A. Yes. 10 A. I believe so, yes. 10 Q. Do you know how many other plaintiffs 11 Q. And is -- do you share that understanding 11 there are? 12 as to Ms. Broz? 12 A. I do not. 13 A. I'm not sure about her. 13 Q. And I take it you've never spoken to any 14 Q. Have you heard the name Pat Cipollone 14 of the other plaintiffs? 15 before? 15 A. No. 16 A. No. 16 THE REPORTER: You guys are starting to 17 Q. Have you heard the name Rebecca Anzidei 17 overlap, and I just want to make sure that there's 18 before? 18 clear distinction. I need you to slow down a little 19 A. No. 19 bit. 20 Q. Have you heard the name Robert or 20 THE WITNESS: Sure. 21 Rob Gilmore before? 21 MS. SHUR: Sure, sure. 22 A. No. 22 Q. Have you spoken about this case to anybody 23 Q. Have you heard the name Elizabeth Pritzker 23 other than your attorneys? 24 before? 24 A. No. 25 A. No. 25 Q. Have you spoken about this deposition to Page 27 Page 29 1 Q. Have you heard the name Jonathan Levine 1 anybody other than your attorneys? 2 before? 2 A. No. 3 A. No. 3 Q. When was the first time that you met any 4 Q. Have you heard the name Bethany Caracuzzo 4 attorney representing you in this litigation? 5 before? 5 A. It would be July of 2015. 6 A. No. 6 Q. Was that Ms. Sweeney whom you met? 7 Q. Have you heard the name Shiho Yamamoto 7 A. No. 8 before? 8 Q. Oh. And who did you meet with? 9 A. No. 9 A. Mr. Schumacher, Mike Schumacher, Jr. 10 Q. Have you heard of Stein, Mitchell, 10 Q. Do you know what law firm Mr. Schumacher 11 Cipollone, Beato, & Missner, LLP before? 11 is with? 12 A. I've heard of them. 12 A. He's with Hausfeld. 13 Q. And what is that entity? 13 Q. Okay. And do you know what office he 14 A. I believe they're another firm involved in 14 works out of? 15 this -- this case. 15 A. He works out of this office. 16 Q. Is that a firm that is representing you? 16 Q. Who else was present, if anyone, at that 17 A. No. 17 meeting? 18 Q. Have you heard of the entity Pritzker 18 A. Just he and I. 19 Levine LLP? 19 Q. How long did that meeting last? 20 A. I have. 20 A. 10 to 15 minutes. 21 Q. And what is Pritzker Levine LLP? 21 Q. Have you met with him since then? 22 A. I believe they're another firm involved in 22 A. Yes. 23 this case. 23 Q. How many times? 24 Q. Are they representing you? 24 A. Maybe a half dozen. 25 A. No. 25 Q. Was anyone present at any of those half U.S. LEGAL SUPPORT (877) 479-2484 YVer1f Case 4:15-cv-03504-YGR Document 436-7 Tyler Filed 05/05/20 Page 4 of 10 Clark October 26, 2016 30 to 33 Page 30 Page 32 1 dozen meetings other than you and him? 1 where we kind of basically catch up: What are you 2 A. To clarify, he and I are in the same 2 working on? What am I working on? 3 business, same market. So we see each other at 3 And he mentioned this case. 4 client events. So there -- yes, technically there 4 BY MS. SHUR: 5 were other people, nobody involved in this case or 5 Q. Now -- so you mentioned that 6 any other attorneys. 6 Mr. Schumacher markets to the same kinds of clients 7 Q. When you say you're in the same business 7 that you do; did I get that right? 8 or the same market, what do you mean? 8 A. That's correct. 9 A. We both -- well, I'm in the healthcare 9 MS. SWEENEY: Objection. Misstates his 10 industry, and we both market to the same clientele. 10 testimony. 11 So traveling up and down the State of California, 11 BY MS. SHUR: 12 it's common to see other people from other vendors 12 Q. Okay. And what -- do you have an 13 or firms that are basically trying to, you know, 13 understanding as to what it is that Mr. Schumacher 14 market to the same clients. 14 markets? 15 Q. To whom are you trying to market? 15 MS. SWEENEY: Objection. Foundation. 16 A. Labor unions and public sector firms. 16 Speculation. And vague and ambiguous. 17 Q. What are you trying to market to those 17 THE WITNESS: No. I mean, I -- I know he 18 entities? 18 works for this firm. I know it's in securities 19 A. I market healthcare. 19 litigation and class actions. 20 Q. The meetings to which you referred in 20 BY MS. SHUR: 21 which you met with Mr. Schumacher, were those 21 Q. Is Mr. Schumacher representing you in this 22 meetings -- were any of those meetings related to 22 litigation? 23 this litigation? "This litigation" being the 23 A. No. 24 Corcoran litigation. 24 Q. Where did you first meet him on July 2015? 25 A. They weren't specific meetings. They were 25 A. I didn't first meet him on July 2015. Page 31 Page 33 1 simply we're acquaintances and seeing each other at 1 Q. Well, you had mentioned that date when -- 2 events. He was the one that I first had found out 2 I believe, when I had asked you -- 3 about this case from. We -- we -- it's -- it's 3 A. It was at a golf tournament. 4 common for us to catch up with one another, talk 4 Q. Was it in California? 5 about what I'm doing, talk about what he's doing. 5 A. It was. 6 Like I said, we're often targeting the 6 Q. Was it in connection with some -- some 7 same type of client. And when I found out about 7 kind of business venture? 8 this case I immediately became interested in it 8 A. Yes. 9 because I've been using CVS exclusively for ten-plus 9 Q. What was that? 10 years, and I had asked him to get me some more 10 A. It was a client, a labor union, that 11 information on it. And that was the discussions we 11 hosted a charity golf tournament. 12 had. 12 Q. Tell me about your discussion with 13 I wouldn't call them meetings. 13 Mr. Schumacher in July 2015 at the golf tournament. 14 Q. Okay. Well, let's take the first 14 MS. SWEENEY: Objection. Instruct the 15 discussion that you mentioned in July 2015. 15 witness not to answer as it invades the 16 A. Sure. 16 attorney-client privilege. 17 Q. How did that meeting or discussion, 17 (Witness instructed not to answer.) 18 whatever the right word is, come about? 18 MS. SHUR: The witness has testified that 19 MS. SWEENEY: Objection. Vague and 19 Mr. Schumacher does not represent him so there's no 20 ambiguous. Compound. 20 basis for that instruction. 21 You can answer, if you understand. 21 MS. SWEENEY: I'm going to continue to 22 THE WITNESS: As I just stated, it's 22 instruct the witness -- 23 common for -- for myself and, you know, him, I have 23 MS. SHUR: Please, don't interrupt. Don't 24 other colleagues as well that work for different 24 interrupt. I want to -- 25 companies, both marketing to the same type of client 25 MS. SWEENEY: Oh, my apologies, go U.S. LEGAL SUPPORT (877) 479-2484 YVer1f 0 Page 86 Page 88 1 CVS; is that correct? 1 A. Yes, over the last year, year or two. 2 A. Yes, I did for a little bit. 2 Q. So that was one of the reasons that you 3 Q. And why did you do that, given your belief 3 decided to switch pharmacies? 4 that CVS has engaged in wrongdoing and has 4 A. Correct. 5 overcharged you for prescription medicines? 5 Q. And can you -- go ahead. I'm sorry, I 6 A. Why I did was that basically based out of 6 didn't mean to interrupt. 7 convenience. It was the closest pharmacy located to 7 A. And, also, after inquiring with other 8 me. There are several reasons. Also, they -- I -- 8 pharmacies and my doctor to find out how I could do 9 I felt it was difficult to change pharmacies. Also, 9 it because, again, my doctor was sending the 10 my -- 10 prescriptions. Also, when a refill was required and 11 there weren't any left over, CVS, you know, on its 12 own merit would -- would contact my doctor and 13 And one of the other things that CVS 13 request refills. So, again, it was there, it was 14 always did quite well was refill them. And without 14 readily available, it was the most convenient 15 asking -- or -- or without me prompting it, sending 15 location for us. 16 me a text, calling me to follow up to say: It's 16 But once I found out what I needed to do 17 ready, come pick it up. 17 to switch pharmacies, I went ahead and did it. 18 So out of convenience we did that for a 18 Q. Okay. And you understood all along that 19 while, my wife and I. 19 you could change pharmacies as you deemed fit, 20 Q. Okay. But you understood that if you had 20 correct? 21 wanted to you could have changed pharmacies, 21 MS. SWEENEY: Objection. Asked and 22 correct? 22 answered. 23 A. Yes, I -- I did. 23 THE WITNESS: The answer's yes. 24 MS. SHUR: And I apologize, I think you're 24 BY MS. SHUR: 25 clicking your pen a little bit. 25 Q. And can you describe what you mean by the Page 87 Page 89 1 THE VIDEOGRAPHER: Yeah, sorry. 1 rude customer -- 2 THE WITNESS: Sorry. 2 A. Can I -- can I restate that, too -- 3 (Off-the-record discussion.) 3 Q. Sure. 4 BY MS. SHUR: 4 A. -- also? 5 Q. At some point in time, did you decide that 5 Q. Yes. 6 you were going to switch pharmacies to a different 6 7 pharmacy? I understand 8 A. Yes. 8 what you're getting at, but even though I continued 9 Q. When was that? 9 to -- to fill my prescriptions there, it wasn't the 10 A. I'd have to check on the date, but it was 10 one that, you know, was being -- was -- was brought 11 sometime in the last six to eight months. 11 to this case. 12 Q. What prompted you to change pharmacies in 12 Q. Okay. Understood. 13 the last six to eight months? 13 What -- could you describe -- I think my 14 A. Well, this case, for one, and, quite 14 question was, can you describe what you mean by the 15 honestly, the customer service at CVS, which was 15 rude customer service to which you had alluded in an 16 completely irregardless of this -- this case. They 16 earlier answer? 17 were not very professional, very rude, actually. 17 A. The rude customer service, going in to 18 And I'd just had enough, yeah. 18 ask -- ask questions for simple things, not within 19 Q. Had that always been the case with respect 19 the pharmacy, within the store, and being told that 20 to CVS customer service? 20 they don't have time. I needed something for my 21 MS. SWEENEY: Objection. Overbroad. 21 child, my -- my -- my son is young, as I stated 22 THE WITNESS: It was never great. 22 earlier, any they -- the pharmacy was closed. It 23 BY MS. SHUR: 23 just simply had the gate down, and I'd asked for 24 Q. So -- but did there come a time when it 24 help on -- on where to find something for an ear 25 became worse? 25 ache and they said they couldn't help me because 0 Page 174 Page 176 1 Q. And did you prepare this document 1 2016 to the present? 2 yourself? 2 A. Yes. 3 A. This document? 3 Q. Okay. So that is all accurate, to the 4 Q. Yes. 4 best of your knowledge? 5 A. No. 5 A. Yes. 6 Q. Do you know who prepared it? 6 Q. And Interrogatory No. 10 asks you to: 7 A. My attorneys did. 7 "Identify each and every medical 8 Q. Does this document, meaning 8 condition for which you have received 9 Defendant's Exhibit 258, reflect your answers to 9 prescription medication since November 9, 10 CVS's interrogatories? 10 2008, and the corresponding medication 11 A. Yes. 11 that you took." 12 Q. Do you know why you served on CVS amended 12 Do you see that? 13 responses to its interrogatories, as the title on 13 A. I'm sorry, on No. 10? 14 Exhibit 258 reflects? 14 Q. Yes. 15 MS. SWEENEY: Objection. Vague and 15 A. Okay. 16 ambiguous and the use of legal terminology might 16 Q. So do you see that? 17 make it even more vague and ambiguous. 17 A. Yes, I do see that. 18 THE WITNESS: Can you restate the 19 question? I'm sorry. 20 BY MS. SHUR: 21 Q. Absolutely. 22 Do you know why your responses to CVS's 23 interrogatories were supplemented and amended? 24 A. You know, the only thing that I knew was 25 there were some inaccuracies in, for example, my Page 175 1 address, which needed to be corrected. And that's 2 about it. 3 Q. Could you look at Page 3, which contains 4 your response to Interrogatory No. 1. 5 A. Sure. 6 Q. And is that your correct address 7 identified in response to Interrogatory No. 1? 8 A. Yes. 9 Q. So it's 15951 Feola Circle? 10 A. Uh-huh. 11 Q. That's a "yes"? 11 Q. Okay. And that information, to the best 12 A. Yes. 12 of your knowledge, in response to 13 Q. Okay. And your response to 13 Interrogatory No. 11 is true and correct and 14 Interrogatory No. 2 indicates a number of your 14 complete; is that correct? 15 health insurance plans. 15 A. Yes. 16 Do you see that? 16 Q. Now, when you executed, meaning signed, 17 A. I do. 17 your verification to Exhibit 258, what documents, if 18 Q. And so you had Kaiser in 2006? 18 any, did you have in front of you? 19 A. Yes. 19 A. I had this one (indicating). 20 Q. And then you had Anthem Blue Cross in 2007 20 Q. You just had Exhibit 258 in front of you? 21 to 2013? 21 A. Correct. 22 A. Yes. 22 Q. And I wanted to ask you about one other 23 Q. And Aetna from 2013 to 2016? 23 response right now. I think you identified Rite Aid 24 A. Yes. 24 as one additional pharmacy -- 25 Q. And then finally, UnitedHealthcare from 25 A. Yes. Case 4:15-cv-03504-YGR Document 436-7 Tyler Filed 05/05/20 Page 7 of 10 Clark October 26, 2016 178 to 181 Page 178 Page 180 1 Q. -- that you had used? 1 MS. SHUR: I am going to show you some 2 A. That's when I stopped using CVS, and so 2 documents that CVS produced to your lawyers which 3 that's current. What I'm using currently is 3 are your prescription records. 4 Rite Aid. 4 (Defendant's Exhibit 259 was marked for 5 Q. Okay. Do you know one way or the other 5 identification and attached to the 6 whether you're generally paying less for your 6 transcript.) 7 prescription medicines at Rite Aid than you were at 7 MS. SHUR: I've just marked as Exhibit -- 8 CVS? 8 Defendant's Exhibit 259 a document that is 9 A. Yes. 9 Bates-stamped CVSC-0341375 through 88. 10 MS. SWEENEY: Objection. Compound. 10 Q. Mr. Clark, when I refer to a Bates number, 11 BY MS. SHUR: 11 it's a number on the right-hand side of the document 12 Q. And -- and are you paying less at Rite Aid 12 that counsel affixed to the documents that they 13 for your generic -- I'm sorry, for your prescription 13 produced in order to identify the documents. So I 14 medicines than you were at CVS? 14 might refer to the Bates number to direct you to a 15 MS. SWEENEY: Objection. Compound. 15 particular page. Okay? And the way you're looking 16 THE WITNESS: Yes. 16 at the document is landscape view, but if you look 17 BY MS. SHUR: 17 at it this way (indicating) -- 18 Q. Now, your lawyer had a valid point, that 18 A. Sure. 19 it is compound, so let me break it down? 19 Q. -- you'll see the -- the Bates number. 20 Are you -- do you know whether you're 20 Do you see that Bates number on the bottom 21 paying less at Rite Aid for all of your prescription 21 right? 22 medicines or only certain prescription medicines? 22 A. Yeah. 23 A. All of them. 23 Q. Okay. So if I refer to that number 24 Q. And what is the difference, the price 24 that's -- that's the reference. 25 difference? 25 So have you seen Defendant's Exhibit 259 Page 179 Page 181 1 MS. SWEENEY: Objection. Compound. 1 before? 2 Overbroad. 2 MS. SWEENEY: And I'd ask the witness to 3 THE WITNESS: I don't recall exactly what 3 take as much time as he needs to look through the 4 it is, but it's less. I know that. 4 document. 5 BY MS. SHUR: 5 THE WITNESS: Okay. 6 Q. Do you have an estimate? 6 BY MS. SHUR: 7 MS. SWEENEY: Same objections. 7 Q. Okay. Have you seen -- my question was, 8 THE WITNESS: At least, you know, 5 to $6 8 have you seen Defendant's Exhibit 259 before? 9 cheaper, I'd have to say. 9 A. Yes. 10 BY MS. SHUR: 10 Q. When did you first see 11 Q. And do you know why -- I'm sorry, strike 11 Defendant's Exhibit 259? 12 that? 12 A. I can't recall exactly the date. 13 When you say it's "5 to $6 cheaper," do 13 Q. Do you recall approximately what the date 14 you mean per medicine or all together on all of your 14 was? 15 medicines? 15 A. No. 16 A. Per medicine. 16 Q. Do you have an understanding of what 17 Q. And do you know why it's 5 to $6 cheaper 17 Defendant's Exhibit 259 is? 18 at Rite Aid? 18 A. Yes. 19 A. I do not. 19 Q. What is your understanding? 20 Q. Are you -- and you're continuing to use -- 20 A. It's a patient prescription record. 21 or strike that. 21 Q. For you? 22 Are you continuing to use your 22 A. For me, May 31st, 2006, through May 31st, 23 UnitedHealth insurance when you fill prescriptions 23 2016. 24 at Rite Aid? 24 Q. And do you have any reason to believe that 25 A. Yes. 25 these -- and, I'm sorry, strike that. U.S. LEGAL SUPPORT (877) 479-2484 YVer1f Case 4:15-cv-03504-YGR Document 436-7 Tyler Filed 05/05/20 Page 8 of 10 Clark October 26, 2016 270 to 273 Page 270 Page 272 1 e-mail -- 1 case was I didn't know why we were paying higher 2 A. No. 2 prices and come to find out why, yeah, it definitely 3 Q. -- about anything? 3 makes a difference. 4 Have you ever written any letters to CVS? 4 Q. Did -- but you didn't shop around before 5 A. No. 5 this lawsuit to see whether you could get cheaper 6 Q. Have you ever received any letters from 6 medicine somewhere else? 7 CVS? 7 A. No. Again, it goes back to my answer 8 A. No. 8 previously where I assumed my co-payments regardless 9 Q. Have you ever received anything in writing 9 of pharmacy would be the same. 10 from CVS other than when you pick up your 10 Q. But -- but you understand that different 11 prescription? 11 pharmacies may charge, may -- different prices for 12 A. Other than the prescription receipt, 12 the same medicines? 13 et cetera, no. 13 A. Sure. 14 Q. I think we have sort of discussed this a 14 MS. SWEENEY: Objection. Asked and 15 little bit already, but I just want to make sure I 15 answered. Compound. Vague and ambiguous. 16 have a clear answer. 16 BY MS. SHUR: 17 When you shopped at CVS, can you tell me 17 Q. Are you willing to pay more for good 18 all the reasons why you shopped at CVS versus any 18 customer service on your prescription medicines? 19 other pharmacy? 19 A. No. 20 A. Proximity to my house. 20 Q. I think you mentioned Costco before and 21 Q. And how far away is CVS from your house? 21 you said that you were not a member. Is there a 22 A. Half a mile. 22 reason why are not a member? 23 Q. Is that the only reason that you shopped 23 A. Because my wife doesn't like it. She 24 at CVS? 24 doesn't like paying the hundred dollars. 25 A. Yes. 25 Q. And you personally had no interest ever in Page 271 Page 273 1 Q. Are there other pharmacies that are 1 joining Costco? 2 approximately a half a mile or -- or maybe a little 2 A. I didn't say we were never members. 3 further away but materially similar distance from 3 Q. Okay. I apologize. Very -- good 4 your house? 4 clarification. 5 A. Yes. 5 Have you ever been a member of Costco? 6 Q. Where are those? 6 A. Yes. 7 A. Not within a half mile, Rite Aid, 7 Q. When were you a member of Costco? 8 Walgreens, more CVSs, within half a mile to two, 8 A. I can't recall exactly. It's been four or 9 three miles. 9 five years since we've been members. 10 Q. And so before you switched over to 10 Q. How long were you a member? 11 Rite Aid why didn't you shop at Rite Aid and/or 11 A. I can't recall. 12 Walgreens, given that they are maybe a little 12 Q. How many times did you pay a membership 13 further but still relatively close to your house? 13 fee? 14 A. Because CVS is a half mile, and it's right 14 A. Annually. 15 across the street. 15 Q. And how -- 16 Q. Are you -- are you generally willing to 16 A. And I can't recall how many years. 17 pay more for convenience, for the sake of 17 Q. And did I hear you say that the membership 18 convenience on your prescription medicines? 18 fee was a hundred dollars? 19 A. I'm sorry, say that one more time. 19 A. I think at the time it was, yes. 20 Q. So are you willing to pay a higher price 20 Q. Was it always a hundred dollars when you 21 for prescription medicines for convenience' sake? 21 were a member? 22 A. Not particularly. And my wife, definitely 22 A. I can't -- I can't confirm that or not. 23 not. 23 Q. Did you -- 24 Q. Okay. 24 A. You know, they have different levels of 25 A. I think the fact of the matter in this 25 membership too, so... U.S. LEGAL SUPPORT (877) 479-2484 YVer1f Case 4:15-cv-03504-YGR Document 436-7 Tyler Filed 05/05/20 Page 9 of 10 Clark October 26, 2016 326 to 329 Page 326 Page 328 1 A. I'm probably making this longer than I 1 A. My understanding is that I am representing 2 should, but -- no, it's just you get rewards and 2 the class of plaintiffs in this case for the State 3 they expire in 12 hours or something. 3 of California -- for the -- for the case in the 4 Q. And I have to ask the question since you 4 State of California on behalf of the class, you 5 brought it up, did anybody ever -- at CVS ever tell 5 know, representatives against CVS for overcharging. 6 you that your rewards would not expire within a 6 And my role in that is to -- you know, I 7 certain period of time? 7 completed interrogatories, go through the 8 A. No. 8 deposition, I work with the attorney as a -- as a 9 Q. And -- and you didn't pay anything for the 9 class representative, as a plaintiff, I guess. 10 ExtraCare card, correct? 10 Q. Okay. Putting aside the preparation for 11 A. No. 11 your deposition, what documents have you reviewed? 12 Q. And the only -- just to make the record 12 So setting aside documents you reviewed in 13 clear, the only basis for your belief that you were 13 connection with this deposition. 14 overcharged, that is information that you received 14 What documents have you reviewed in 15 from your lawyers, correct? 15 connection with this lawsuit? 16 A. Yes. Once I found out more information 16 MS. SWEENEY: Objection. Vague and 17 about the case and what was being -- what CVS was 17 ambiguous. Do you want him to exclude documents 18 being accused of, it was from them, from the 18 that he reviewed in connection with this deposition 19 information that the attorneys provided me on the 19 and reviewed at some other point? 20 case. 20 MS. SHUR: Okay. Let me clarify. 21 Q. Solely information from your lawyers, 21 Q. Setting aside documents to which you've 22 correct? 22 already testified, that you've identified as 23 A. Yes. 23 documents you've reviewed, have you reviewed any 24 Q. All right. I'm going to ask you some 24 other documents? And -- and setting aside any 25 questions I ask all witnesses. 25 document you reviewed to prepare for the deposition Page 327 Page 329 1 Have you ever been convicted of a crime? 1 because your attorney has asserted an 2 A. No. 2 attorney-client privilege and work product 3 Q. Have you ever been arrested? 3 protection to that, so I want to put those aside. 4 A. No. 4 Have you reviewed any other documents? 5 Q. Have you ever filed for bankruptcy? 5 MS. SWEENEY: Objection. Vague and 6 A. No. 6 ambiguous. If you understand it, you can answer it. 7 Q. Have you ever been involved in a lawsuit 7 THE WITNESS: I don't quite understand it. 8 prior to this one? 8 MS. SHUR: No problem. No, no, if you 9 A. No. 9 don't understand it, let me clarify it. 10 Q. So does that mean you have never been a 10 Q. Okay. So set aside the documents you 11 party, meaning a plaintiff or a defendant, in 11 reviewed to prepare for the deposition, I don't want 12 another legal proceedings? 12 to hear about those. 13 A. That's correct, no. 13 What other documents have you reviewed in 14 Q. Have you ever given sworn testimony before 14 connection with this litigation? 15 today? 15 A. To the best of my knowledge, none. 16 A. No. 16 Q. Okay. Have you ever heard of the law firm 17 Q. So you've never been deposed before today? 17 Williams & Connolly? 18 A. That's correct. 18 A. No. 19 Q. Have you ever given any affidavits or 19 Q. Have you ever heard of the law firm 20 declarations in any legal proceeding? 20 Swanson & McNamara? 21 A. No. 21 A. No. 22 Q. Okay. Let's talk briefly about your role 22 Q. Has anyone offered you anything in 23 in this litigation. 23 exchange for being a plaintiff in this litigation? 24 What -- what is your understanding of your 24 A. No. 25 role in this litigation? 25 Q. Do you know what specific causes of action U.S. LEGAL SUPPORT (877) 479-2484 YVer1f Case 4:15-cv-03504-YGR Document 436-7 Tyler Filed 05/05/20 Page 10 of 10 Clark October 26, 2016 346 to 349 Page 346 Page 348 1 I have read the foregoing transcript of 1 for their overcharges. 2 my deposition given on October 26, 2016, and 2 MS. SWEENEY: Okay. Thank you. I have no 3 it is true, correct and complete, to the best 3 further questions, although I reserve the right to 4 of my knowledge, recollection and belief, 4 do a redirect, if appropriate. 5 except for the corrections noted hereon 5 MS. SHUR: I don't think I have any other 6 and/or list of corrections, if any, attached 6 questions for you. Thank you, Mr. Clark, we really 7 on a separate sheet herewith. 7 appreciate your time today. 8 8 THE WITNESS: You're welcome. 9 9 MS. SHUR: Much appreciated. 10 10 THE VIDEOGRAPHER: This marks the end of 11 11 DVD 5 of 5 and concludes today's deposition of 12 ________________________ 12 Tyler Clark. The time is 4:37 p.m. 13 TYLER CLARK 13 Counsel, we're going off the record. 14 14 Thank you. 15 15 (Signature having been waived, the 16 16 Videotaped Deposition of Tyler Clark, 17 Subscribed and sworn to 17 Volume I, was concluded at 4:37 p.m.) 18 before me this _____ day 18 19 of ________________, 2016. 19 20 20 21 21 22 ___________________________ 22 23 Notary Public 23 24 24 25 25 Page 347 Page 349 1 REPORTER'S CERTIFICATE 1 E R R A T A S H E E T 2 2 I, TYLER CLARK, do hereby certify that I 3 I, JAMES BEASLEY, CSR No. 12807, Certified 3 have read the foregoing transcript of my testimony, and 4 Shorthand Reporter, certify: 4 further certify that it is a true and accurate record 5 That the foregoing proceedings were taken before 5 of my testimony (with the exception of the corrections 6 me at the time and place therein set forth, at which 6 listed below). 7 PAGE LINE CORRECTION 7 time the witness was put under oath by me; 8 ____ ____ ______________________________________ 8 That the testimony of the witness, the questions 9 ____ ____ ______________________________________ 9 propounded, and all objections and statements made 10 ____ ____ ______________________________________ 10 at the time of the examination were recorded 11 ____ ____ ______________________________________ 11 stenographically by me and were thereafter 12 ____ ____ ______________________________________ 12 transcribed; 13 ____ ____ ______________________________________ 13 That a review of the transcript by the deponent 14 ____ ____ ______________________________________ 14 was not requested; 15 ____ ____ ______________________________________ 15 That the foregoing is a true and correct 16 ____ ____ ______________________________________ 16 transcript of my shorthand notes so taken. 17 ____ ____ ______________________________________ 17 I further certify that I am not a relative or 18 ____ ____ ______________________________________ 18 employee of any attorney of the parties, nor 19 ____ ____ ______________________________________ 19 financially interested in the action. 20 ____ ____ ______________________________________ 20 I declare under penalty of perjury under the laws 21 ____ ____ ______________________________________ 21 of California that the foregoing is truce and correct. 22 ____ ____ ______________________________________ 22 Dated this 31st day of October, 2016 23 ____ ____ ______________________________________ 23 24 24 ________________________ __________ ___________________________ 25 JAMES BEASLEY, CSR No. 12807 25 Date TYLER CLARK U.S. LEGAL SUPPORT (877) 479-2484