Corcoran et al v. CVS Health Corporation

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

Redacted Version of Exhibit #31

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1 Exhibit 31 REDACTED VERSION OF DOCUMENT SOUGHT TO BE SEALED 1 Carl Washington August 30, 2016 1 Page 1 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 CHRISTOPHER CORCORAN,) 3 ELIZABETH GARDNER, TYLER) CLARK, MICHAEL NORKUS,) 4 ZULEMA AVIS, ROBERT) GARBER, TONI ODORISIO,) No. 5 ROBERT GUARNIERI, ONNOLEE) 15-CV-3504-YGR SAMUELSON, ROBERT JENKS,) 6 DEBBIE BARRETT, CARL) WASHINGTON, ROBERT) 7 PODGORNY, VINCENT) GARGIULO, ZACHARY HAGERT,) 8 KEVIN CAULEY, LINDA KRONE,) CAROLYN CAINE, KEN BOLIN,) 9 WALTER WULFF, AMANDA) GILBERT, AND GILBERT BROWN) 10 on behalf of themselves) and all others similarly) 11 situated,)) 12 Plaintiffs,)) 13 vs.)) 14 CVS PHARMACY, INC.,)) 15) Defendant.) 16 The videotaped deposition of 17 CARL WASHINGTON, taken in the 18 above-entitled cause before Laura Mukahirn, 19 a notary public within and for the County 20 of Cook and State of Illinois, taken 21 pursuant to the Federal Rules of Civil 22 Procedure for the United States District 23 Courts, at 225 West Wacker Drive, Chicago, 24 Illinois, on August 30, 2016, scheduled to 25 commence at 9:00 o'clock a.m. U.S. LEGAL SUPPORT (877) 479-2484 YVer1f 1 Carl Washington August 30, 2016 114 to 117 Page 114 Page 116 1 Q. Do you recall providing 1 THE WITNESS: Sorry. 2 documents from the storage boxes to your 2 MS. BROZ: No, no. You're fine. 3 attorneys? 3 BY MS. O'CONNOR: 4 MS. BROZ: Objection. Asked and 4 Q. Other than within your house, 5 answered. Please answer. 5 so let's say an office or a car or anybody 6 THE WITNESS: As I stated, from 6 else's house or storage unit, can you think 7 what I remember the stuff I gave them in 7 of any place other than your house where 8 regards to this came out of that shoebox 8 you keep medical bills or insurance records 9 that I was referring to. 9 or prescription records relating to you? 10 BY MS. O'CONNOR: 10 MS. BROZ: Objection. Asked and 11 Q. Okay. Other than the file 11 answered. 12 folders, file cabinet, and storage boxes 12 THE WITNESS: No. 13 where you believe you have stored some 13 BY MS. O'CONNOR: 14 medical bills that cover 2006 to 2016, are 14 Q. Before you became involved in 15 there any other locations where you believe 15 this case, did you at any point start 16 you've kept medical bills that cover that 16 setting aside a collection of documents you 17 time frame? 17 thought might be relevant to this lawsuit? 18 MS. BROZ: Objection. Asked and 18 MS. BROZ: Objection. Asked and 19 answered. This is starting to get 19 answered. 20 harassing. I'm just putting that on the 20 THE WITNESS: So you're asking 21 record. Please answer. 21 me before I -- I just want to be sure I 22 THE WITNESS: No. 22 understand what you asking me. 23 BY MS. O'CONNOR: 23 BY MS. O'CONNOR: 24 Q. Other than medical bills and 24 Q. Sure. 25 insurance documents, do you retain in your 25 A. So you're asking me before I Page 115 Page 117 1 house anyplace documents otherwise related 1 got involved in this case, did I separate 2 to your prescriptions that you fill? 2 stuff for this case? No. 3 MS. BROZ: Objection. Asked and 3 Q. Was there a time when you 4 answered. 4 believed you were being overcharged on CVS 5 BY MS. O'CONNOR: 5 prescription records before you got 6 Q. So other than medical bills and 6 involved in this case? 7 insurance documents, do you retain in your 7 A. I was made aware of it from my 8 house any documents otherwise related to 8 attorneys. 9 your prescriptions, such as prescription 9 Q. So you didn't -- Before 10 receipts? 10 contacting attorneys regarding this case, 11 MS. BROZ: Same objection. 11 you didn't believe you had been overcharged 12 THE WITNESS: Okay. You asked 12 on prescriptions? 13 me where I keep the stuff regarding my 13 A. Okay. I didn't know. You say 14 medical stuff. It's in the shoebox, the 14 believe. I didn't know I'd been -- my 15 storage box, the file cabinet, and a 15 attorneys informed me that I'd been 16 folder. 16 overcharged. 17 BY MS. O'CONNOR: 17 MS. BROZ: That's good. 18 Q. So are you saying you consider 18 THE WITNESS: Okay. They 19 prescription receipts would fall within 19 represent -- Frank and Ryan represent me on 20 your understanding of medical bills? 20 another case where they had access to my 21 A. Yes. 21 medical records. And from their access to 22 MS. BROZ: Objection. 22 my medical records I was made aware of 23 MS. O'CONNOR: Okay. 23 this. 24 MS. BROZ: Mischaracterizes the 24 BY MS. O'CONNOR: 25 testimony. 25 Q. Okay. But prior to that, you U.S. LEGAL SUPPORT (877) 479-2484 YVer1f 1 Carl Washington August 30, 2016 134 to 137 Page 134 Page 136 1 those questions. 1 MS. O'CONNOR: Which covers 2 BY MS. O'CONNOR: 2 legal advice and substantive discussions as 3 Q. Did your first discussion with 3 opposed to just the identity of the 4 attorneys from Meyers & Flowers regarding 4 attorney. 5 the subject matter of this lawsuit occur 5 For example, if you were 6 before or after October 6, 2015? 6 completing a privilege log, you would have 7 MS. BROZ: Same objection. 7 to identify with whom there was a 8 Please answer yes, no, or I don't know. 8 discussion, even if you didn't have to say 9 THE WITNESS: See, you're asking 9 the substance of discussion. 10 me -- I can't answer that yes or no, 10 MS. BROZ: Same objection. 11 because you're asking me if it was before 11 MS. O'CONNOR: I'm just really 12 or after. There is no yes or no answer to 12 struggling to see how there's a privilege 13 that. 13 implicated in who he had the discussion 14 BY MS. O'CONNOR: 14 with. 15 Q. Okay. I'll ask it in two 15 MS. BROZ: I also think he 16 pieces. Did your first discussion with 16 already answered your question. You asked 17 attorneys from Meyers & Flowers regarding 17 if he talked to them, Myers Flowers first. 18 the subject matter of this lawsuit occur 18 He said yes. 19 before October 6, 2015? 19 MS. O'CONNOR: Right. That 20 MS. BROZ: Same objection. 20 still doesn't tell me whether October 6, 21 Please answer yes, no, or I don't know. 21 2015, is the date on which he spoke with 22 THE WITNESS: I don't know. 22 Meyers & Flowers versus the date on which 23 BY MS. O'CONNOR: 23 he spoke with any counsel from Hausfeld or 24 Q. Did your first discussion with 24 Pritzker Levine. 25 attorneys from Meyers & Flowers regarding 25 MS. BROZ: He also answered that Page 135 Page 137 1 the subject matter of this lawsuit occur 1 question to the best of his ability. 2 after October 20 -- October 6, 2015? 2 MS. O'CONNOR: I don't think he 3 MS. BROZ: Same objection. Same 3 has. I think you've instructed him not to 4 instruction. 4 answer it. Are you continuing to instruct 5 THE WITNESS: Seems like you got 5 him not to answer just who he had a 6 the answer to that already. It says that 6 conversation with on October 6, 2015? 7 I've -- well, she, I'm not a she, but first 7 MS. BROZ: That's a different 8 communicated with counsel concerning the 8 question. Go ahead and ask that question. 9 subject matter on or around October 6. 9 BY MS. O'CONNOR: 10 BY MS. O'CONNOR: 10 Q. In Interrogatory No. 18, you've 11 Q. Right. So what's not clear 11 indicated that your first communication 12 from this answer to me is which counsel you 12 with counsel concerning the subject matter 13 communicated with concerning the subject 13 of this lawsuit was on or around October 6, 14 matter of this lawsuit on or around October 14 2015. Which lawyer did you have a 15 6, 2015. 15 conversation with on October 6, 2015? 16 MS. BROZ: I've already 16 MS. BROZ: You can answer that 17 instructed him not to answer which counsel, 17 question and just that question. 18 so. 18 THE WITNESS: See, I answered 19 MS. O'CONNOR: What's the basis 19 that already. You asked who I spoke to 20 for your view that just identifying who he 20 first, and I already answered that. 21 had the conversation with without conveying 21 BY MS. O'CONNOR: 22 the substance of the conversation is 22 Q. Well, you answered who you 23 privileged? 23 spoke to first, but I don't know whether 24 MS. BROZ: The attorney-client 24 your first communication with the lawyers 25 privilege. 25 on this case was on October 6 or whether U.S. LEGAL SUPPORT (877) 479-2484 YVer1f 1 Carl Washington August 30, 2016 138 to 141 Page 138 Page 140 1 your first communication with Meyers & 1 that, too. I said I don't remember exactly 2 Flowers was on October 6? 2 as far as -- I don't know. I spoke to 3 A. Okay. Earlier on you asked me 3 counsel. Now which one, I don't know. I 4 how I found out that I'd been overcharged. 4 don't remember. I don't know what else I 5 And I told you that my attorneys who were 5 can say. I've -- I don't know how more -- 6 representing me in a different matter, 6 what more I need to say. I told you how I 7 which is Meyers & Flowers, had informed me 7 found out about it. I told you who I 8 of such. Subsequently you asked me why 8 talked to -- how it was made aware of it. 9 there was a run of a prescription log, for 9 You asked me about how they had information 10 lack of a better term, in 2014. It was 10 prior to this, and I told you that. And I 11 from those same attorneys in that same 11 told you who that was. Now you're asking 12 manner. So I've been consistent. I've 12 me who did I specifically speak to on that 13 answered your question already as to whom I 13 particular date and time. The other 14 spoke with first. 14 counsel came in after this all started. So 15 Q. So I'm just asking who you had 15 I don't remember. And I'm being honest 16 a conversation with on October 6, 2015, 16 about that. I don't remember. 17 about this lawsuit? 17 BY MS. O'CONNOR: 18 A. The answer that I've given for 18 Q. I totally believe you're being 19 No. 18 is on or around. It wasn't on that 19 honest. When you say "the other counsel 20 specific date. Now the way I understand on 20 came in after this all started," are you 21 or around to mean, that it could have been 21 referring to counsel from Hausfeld and 22 anywhere near that date. Now as to exactly 22 Pritzker & Levine coming after you had 23 which day it was, ma'am, I don't remember. 23 spoken with your attorneys at Meyers & 24 Q. That's fine. So who did you 24 Flowers? 25 have a conversation with on or around 25 A. Yes. Now exact date, I don't Page 139 Page 141 1 October 6, 2015, about this lawsuit? 1 remember. I just know they represent me, 2 A. I think I've answered that 2 too. 3 already. 3 Q. Do you recall when was the 4 Q. I don't believe you have. So 4 first conversation you ever had with 5 could you please tell me again. 5 counsel from either Hausfeld or Pritzker 6 A. I've stated that I was made 6 Levine? 7 aware of this situation by Meyers & 7 MS. BROZ: Objection. 8 Flowers. I've stated that they got the -- 8 Privilege. You can answer to the extent -- 9 that some of the information that was used 9 MS. O'CONNOR: I'm asking the 10 for this came from Meyers & Flowers. I 10 date. 11 stated that the people I spoke to about 11 MS. BROZ: Hold on. You can 12 it -- it says counsel. I've been 12 answer to the extent you have a memory of 13 instructed three times not to answer that. 13 the date. That's it. Nothing beyond that. 14 Q. So your counsel -- 14 THE WITNESS: That I have a 15 A. Now you're asking me again. 15 memory of the date? 16 MS. BROZ: All right. 16 MS. BROZ: Yeah. 17 BY MS. O'CONNOR: 17 THE WITNESS: Okay. 18 Q. Your counsel has said you can 18 MS. BROZ: General time frame is 19 answer the question of with whom you spoke 19 okay too. 20 on or around October 6, 2015. And that's 20 THE WITNESS: General time 21 all I'm asking. 21 frame, I do have a memory of that, yes. 22 MS. BROZ: And if you don't 22 BY MS. O'CONNOR: 23 remember on that particular date who you 23 Q. And when was that that you had 24 spoke with, that is also okay. 24 a first conversation with either Hausfeld 25 THE WITNESS: Okay. I've said 25 or Pritzker Levine? U.S. LEGAL SUPPORT (877) 479-2484 YVer1f 1 Page 210 Page 212 1 2009, correct? 1 Wal-Mart prior to November 2009? 2 A. It looks like that from looking 2 A. It's possible. Shopping is not 3 at it. 3 something I relish. I do it with my wife 4 Q. And it appears to me to be in 4 because I have to. But outside of that, 5 date order. Do you see that the first date 5 no. 6 that it shows you filled a prescription at 6 Q. Okay. But you think that you 7 that Wal-Mart was on November 17, 2009? 7 learned about the $4 pricing option based 8 A. That's what this page says, 8 on advertisements or signs that you saw in 9 yes. 9 the store? 10 A. At the pharmacy specifically, 11 yes. 12 Q. Prior to November 2009, do you 13 Q. You indicated in your August 23 13 recall purchasing any prescriptions at 14 interrogatory responses that prior to this 14 Wal-Mart pharmacies? 15 litigation you were aware of Wal-Mart's $4 15 A. I don't remember. It's 16 generic program. Do you recall giving that 16 possible. I don't remember. 17 answer? 18 A. I don't remember calling it a 19 program. I remember that it was the price 20 that they had. Yes. 21 Q. How did you become -- 22 MS. BROZ: Can I just backtrack? 23 Your question when you said prior to this 24 litigation is his answer, but that's not 24 Q. Do you know how you learned 25 what the interrogatory response says. 25 that Wal-Mart's $4 pricing covered those Page 211 Page 213 1 BY MS. O'CONNOR: 1 two drugs that you purchased in November 2 Q. Were you aware of Wal-Mart's 2 2009? 3 $4 generic prices before this litigation, 3 MS. BROZ: Objection. 4 or is that something you've only learned 4 Mischaracterizes his previous testimony. 5 since becoming involved in this litigation? 5 He stated he learned that. 6 A. No. I knew about it before the 6 THE WITNESS: Okay. You're 7 litigation. 7 asking me -- one more time. I'm sorry. 8 Q. And do you see you paid $4 for 8 BY MS. O'CONNOR: 9 those first two prescriptions you filled on 10 November 17, 2009, at Wal-Mart? 11 A. Yes. 12 Q. Do you recall whether you 13 purchased those prescriptions through 14 Wal-Mart's $4 generic pricing? 15 A. It would appear so. 16 Q. Do you know when you learned 17 about Wal-Mart's generic $4 pricing? 18 A. I don't remember when I first 19 saw it, but they got it posted all over the 20 place when you walk in. Because it's in 21 the store and they got the signs up. So 22 first time I saw that I couldn't -- I don't 23 remember first time I saw it. 24 Q. Am I correct in understanding 25 then that you did some of your shopping at 1 Page 214 Page 216 1 speculation, but doesn't say don't answer 2 BY MS. O'CONNOR: 2 that question, she's objecting to the 3 Q. Do you ever remember completing 3 speculation. Which is fine, and it's on 4 any sort of application to obtain that 4 the record, and we can litigate it later if 5 $4 pricing? 5 we need to. But there is a difference 6 A. No. 6 between her instructing you not to answer a 7 Q. Do you remember ever discussing 7 question because something is privileged 8 with a pharmacist whether you were eligible 8 versus when she objects and then tells you 9 for their $4 pricing? 9 you are permitted to answer. Okay? 10 A. No. 10 A. Okay. But not to be 11 Q. Do you remember whether you had 11 argumentative. I've been instructed during 12 to pay a fee to access Wal-Mart's 12 this process not to speculate directly. 13 $4 pricing? 13 And it wasn't specific to that. Just not 14 A. There's no fee. 14 to speculate in general, is the way I 15 Q. Okay. So you do remember that 15 understood that. And I've answered -- I 16 there was no fee? 16 believe I've answered the question 17 A. Yes. I remember there was no 17 truthfully and to the best of my ability. 18 fee. 18 You're asking me what would I do something 19 Q. If there had been a fee, do you 19 without the rest of the information. I 20 think you, nevertheless, would have wanted 20 don't know how much -- if I had to pay, how 21 to use that pricing? 21 much it would -- it is would determine. I 22 MS. BROZ: Objection. Calls for 22 don't know. 23 speculation. Please answer. 23 Q. Okay. I think what we'll do is 24 THE WITNESS: If there had been 24 just come back to it when we can look at 25 a fee? I don't know how to answer that, 25 some more concrete things. Page 215 Page 217 1 really. 2 BY MS. O'CONNOR: 3 Q. What would your decision depend 4 on? 5 MS. BROZ: Objection. Calls for 6 speculation. Please answer. 7 THE WITNESS: As I stated to you 8 earlier, when I go to the pharmacy, I give 9 them a prescription. They tell me how much 10 it costs, and I paid it. I didn't fill 11 out, as I stated earlier, I didn't fill out 12 an application. I didn't pay a price. So 13 I wouldn't -- It wouldn't come up to me -- 14 I didn't have to do that. So I don't know. 14 Q. Okay. Do you currently obtain 15 I can't -- I really don't know. Because a 15 $4 pricing at Wal-Mart for prescription 16 fee. How much? What do you get for it? I 16 drugs that you fill there now? 17 mean we can keep going with that. 17 A. Yes. 18 that's -- I've been asked not to speculate, 18 Q. Since -- I understand your 19 and I would pretty much have to. I've been 19 testimony that in 2009 you don't recall 20 instructed not to speculate by my counsel, 20 filling out an enrollment form or an 21 and I'll listen to my lawyer. 21 application or anything like that. Since 22 BY MS. O'CONNOR: 22 2009, have you done any of those things? 23 Q. Right. So just to be clear 23 A. No. 24 today. When your lawyer objects that she 24 Q. Do you know about how many of 25 thinks that something calls for 25 your prescriptions you're able to obtain 1 Page 262 Page 264 1 doctor to prescribe you the generic version 2 instead? 3 MS. BROZ: Objection. Calls for 4 speculation. Please answer. 5 THE WITNESS: That would depend. 5 BY MS. O'CONNOR: 6 BY MS. O'CONNOR: 6 Q. That's current? Your current 7 Q. Have you ever done that before? 7 mix? 8 A. Yes. 8 A. That's what you just asked me. 9 Q. What caused you to do it in the 9 Q. Yes. Good. Thank you. 10 past? 10 So we've established that 11 A. Cost. 11 between November 2006 and today you filled 12 Q. And is cost the main thing that 12 prescriptions at various CVS pharmacies as 13 would depend on, or are there other factors 13 well as a Wal-Mart on Crestwood. Where 14 that would influence your decision whether 14 else have you filled prescriptions since 15 to request a generic drug from a prescriber 15 November 2006? 16 who had prescribed a brand drug? 16 A. Walgreens. 17 A. There would be other factors. 17 Q. Do you remember which Walgreens 18 Q. What are those other factors? 18 you filled prescriptions at since November 19 A. Whether or not the drug works 19 2006? 20 better. Sometimes generic may not be the 20 A. It's been a couple of them. 21 best solution. 21 Q. Several. Okay. And have you 22 Q. And in that case you would 22 filled prescriptions for Walgreens in a 23 stick with the brand drug your prescribing 23 particular time period since November 2006? 24 physician had chosen for you? 24 A. I don't remember which time 25 A. If you want to get better, 25 period it was. A particular time period Page 263 Page 265 1 yeah. 1 during that entire time, I'm sure I did. 2 But when exactly, I don't know. 3 Q. Could you get Defendant's 4 Exhibit 185 in front of you. It's the 5 Q. Do you know about what 5 amended -- your amended responses to 6 percentage of the drugs you've taken 6 defendant's interrogatories. And if you 7 between 2006 and today are brand drugs and 7 turn to Interrogatory No. 3. Do you see 8 what percentage are generics? 8 there you identified that you've used 9 A. I've never looked at it like 9 Walgreens pharmacy between 2013 and 2014? 10 that. So the answer would be no. 10 A. Yes. 11 Q. And you've never looked at it 11 Q. Do you recall why you used 12 like that before. But just sitting here 12 Walgreens in that time period and not 13 thinking about it today, what you take 13 throughout the 2006 to present time period? 14 currently, how many of your current 14 A. The reason I used the pharmacy 15 prescriptions are brand versus generic? 15 is what I've been stating all day. The 16 MS. BROZ: Objection. Asked and 16 physician would ask me which one you want 17 answered. You can answer. 17 to go to. And if Walgreens came up first, 18 THE WITNESS: I have not looked 18 that's the one I would go with. That's how 19 at it like that. 19 I decided. It wasn't, you know, deliberate 20 BY MS. O'CONNOR: 20 sort of thing. 21 Q. And so other than what you've 22 testified to today about your physicians 23 recommending or suggesting or pointing out 24 a pharmacy you could use, there are no 25 other factors that have influenced which 1 Page 266 Page 268 1 pharmacies you've chosen over the years? 1 same person, sometimes you wouldn't. 2 MS. BROZ: Objection. 2 Q. You didn't have any kind of a 3 Mischaracterizes his testimony. Please 3 personal relationship with your pharmacist 4 answer. 4 there? 5 THE WITNESS: That was the 5 A. No. 6 prevailing reason. 6 Q. Now, once you became involved 7 BY MS. O'CONNOR: 7 in this litigation, I think you've 8 Q. What other reasons have 8 testified a number of times today you 9 influenced your decision whether to use one 9 reached the view at that time that CVS had 10 pharmacy or another since 2006? 10 overcharged you for some of your 11 A. Proximity. 11 prescriptions, correct? 12 Q. To your house? 12 A. Yes. 13 A. Yes. 13 Q. Now, you have, nonetheless, 14 Q. Any other factors that have 14 continued to fill prescriptions at CVS 15 influenced your choice of pharmacy since 15 pharmacies since becoming involved in this 16 2006? 16 litigation, haven't you? 17 A. I've been saying the same 17 A. I stopped. 18 thing. It's pretty much the same. 18 Q. When did you stop? 19 Q. Right. So you've identified 19 A. It was this year. 20 that one reason a number of times today. 20 Q. In 2016? 21 And then you've identified proximity to 21 A. Yes. 22 your house. And so that I can avoid asking 23 you this question in a number of different 24 contexts, if you tell me there's no other 25 reason, then I won't ask you, you know -- Page 267 1 keep asking you if there's this reason or 2 this reason or this reason. 3 So the question was, other than 4 what your physician might suggest or 5 identify for you as a possible pharmacy to 6 use and the proximity to your house, can 7 you think of any other factors that have 7 BY MS. O'CONNOR: 8 influenced your choice of pharmacy since 8 Q. So you filled prescriptions at 9 2006? 9 CVS Pharmacy at Sibley Boulevard for at 10 MS. BROZ: Objection. Asked and 10 least seven months after becoming involved 11 answered. Please answer. 11 in this lawsuit; is that correct? 12 THE WITNESS: No. 12 A. Yes. 13 BY MS. O'CONNOR: 13 Q. Why did you continue to fill 14 Q. When you were using the CVS 14 CVS -- prescriptions at CVS after becoming 15 pharmacy on South Torrence Avenue, did you 15 involved in this lawsuit? 16 know the name of the pharmacist there? 16 A. Force of habit. And it's 17 A. No. 17 close -- it was close to my house. Because 18 Q. Did you recognize him or her by 18 this one is literally right down the street 19 face? 19 from my house. 20 A. They had a lot of them. 20 Q. Since you've become involved in 21 Q. You didn't -- You weren't 21 this lawsuit -- Well, let me rephrase that. 22 familiar with any particular one then? 22 After becoming involved in this 23 A. From my recollection I may have 23 lawsuit, did you do anything differently 24 seen one, because I went there at various 24 when you filled your prescriptions at CVS? 25 times, and they -- sometimes you see the 25 A. I stopped going there. 1 Page 338 Page 340 1 great. 1 misconceptions about the Affordable Care 2 THE VIDEOGRAPHER: We're going 2 Act, the sabotage of Affordable Care Act by 3 off the record. The time is 4:34 p.m. 3 people who claim to be representatives of 4 (Short break taken.) 4 people in Congress. 5 THE VIDEOGRAPHER: We are back 5 Q. Do you believe any of your 6 on the record. The time is 4:43 p.m. 6 rants or comments on social media have ever 7 BY MS. O'CONNOR: 7 touched on prescription drugs or 8 Q. Mr. Washington, do you use 8 pharmacies? 9 social media at all? 9 A. I don't recall it being on 10 A. Yes. 10 specifically pharmaceuticals and 11 Q. What do you use? 11 pharmacies. 12 A. Facebook. 12 Q. Have you checked your social 13 Q. Is that the only social media 13 media history to see whether or not there 14 you use? 14 have been any commentaries by you about 15 A. No. 15 pharmaceuticals or pharmacies? 16 Q. What else? 16 A. I haven't had a reason to. 17 A. LinkedIn. 17 Q. Because you don't think you 18 Q. Anything else? 18 have posted any such commentaries? 19 A. I'm not a big Twitter. It 19 A. The commentaries that I've made 20 doesn't make sense to me yet. 20 are the onces I've just mentioned to my 21 Q. Do you have a Twitter handle? 21 recollection. 22 A. I might. 23 Q. Do you use it today? 24 A. No. 25 Q. Have you used it in the past? Page 339 1 A. I may have established an 2 account. And I'm not being evasive. I 3 just, you know, I never really got Twitter. 4 I'm on there. I know I'm on there. 5 Q. Do you recall whether you've 6 ever posted tweets or comments on Twitter? 7 A. I may have posted a tweet when 7 Q. Now, when you first had a 8 I first got on there. 8 communication with someone from Hausfeld or 9 Q. Do you know whether you've ever 9 Pritzker Levine, did you contact them or 10 posted a tweet on Twitter about the 10 did they contact you? 11 pharmaceutical industry or the health care 11 MS. BROZ: Objection. 12 industry? 12 Privileged. You can answer whether we 13 A. Not necessarily on Twitter. 13 contacted you or you contacted us. That's 14 Q. Have you commented on the 14 fine. 15 pharmaceutical industry or the health care 15 THE WITNESS: See, that's like 16 industry in some other social medium? 16 the chicken or the egg, really. I've 17 A. On the health care industry I 17 learned of Hausfeld from Meyers & Flowers. 18 believe I have a rant or two based on my 18 Now, I'm trying to figure out how to answer 19 experiences. 19 that without getting into the whole 20 Q. And what social media do you 20 privileged thing again. Who contacted who 21 think those commentaries might be found on? 21 first? I received correspondence from 22 A. On Facebook. 22 them, yes. Again, part of the team. I've 23 Q. And what do you recall ranting 23 had conferences with them, yes. 24 about on the topic on Facebook? 24 BY MS. O'CONNOR: 25 A. Inaccessible health care, 25 Q. And you believe you received Case 4:15-cv-03504-YGR Document Carl 441-1 Filed 05/05/20 Page 11 of 11 Washington August 30, 2016 350 to 353 Page 350 Page 352 1 further documents relevant to you in this 1 STATE OF ILLINOIS)) SS. 2 case be identified once we hash out any 2 COUNTY OF COOK) 3 discovery issues that have arisen today. 3 4 MS. BROZ: I'm going to object 4 I, LAURA MUKAHIRN, Certified 5 to that characterization of what 5 Shorthand Reporter and Notary Public in and 6 Mr. Washington testified to, but we can 6 for the County of Cook, State of Illinois, 7 resolve that outside of this. And I have 7 do hereby certify that on August 30, 2016, 8 no further questions. 8 the deposition of the witness, CARL 9 THE VIDEOGRAPHER: We're going 9 WASHINGTON, called by the Defendant, was 10 off the record. The time is 4:56 p.m. 10 taken before me, reported stenographically, 11 (Witness excused.) 11 and was thereafter reduced to typewriting 12 * * * * * * 12 under my direction. 13 13 The said deposition was taken at 14 14 the offices of 225 West Wacker Drive, 15 15 Chicago, Illinois, and there were present 16 16 counsel as previously set forth. 17 17 The said witness, CARL 18 18 WASHINGTON, was first duly sworn to tell 19 19 the truth, the whole truth, and nothing but 20 20 the truth, and was then examined upon oral 21 21 interrogatories. 22 22 I further certify that the 23 23 foregoing is a true, accurate, and complete 24 24 record of the questions asked of and 25 25 answers made by the said witness, CARL Page 351 Page 353 1 STATE OF ILLINOIS) 1 WASHINGTON, at the time and place) SS 2 hereinabove referred to. 2 COUNTY OF COOK) 3 The undersigned is not 3 4 interested in the within case, nor of kin 4 5 or counsel to any of the parties. 5 I,______________________________________, 6 Witness my official signature 6 do hereby certify that I have read the 7 and seal as Notary Public, in and for the 7 foregoing transcript of my deposition 8 County of Cook, State of Illinois, on this 8 consisting of pages ____ through ___, 9 14th day of September A.D., 2016. 9 inclusive; and I find it is a true and 10 10 correct transcript of my deposition so 11 11 given as aforesaid. 12 12 13 13 14 __________________________ 14 ________________________________________ LAURA MUKAHIRN, CSR 15 CARL WASHINGTON 15 CSR NO. 084-003592 16 16 17 Subscribed and sworn to 17 18 before me this ____ day 18 19 of _____________, 2016. 19 20 20 21 ___________________________ 21 22 Notary Public 22 23 23 24 24 25 25 U.S. LEGAL SUPPORT (877) 479-2484