Eastern Profit Corporation Limited v. Strategic Vision US LLC

Enclosure

Southern District of New York, nysd-1:2018-cv-02185

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3 Atkinson-Baker, Inc. www.depo.com IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK ---- ----X EASTERN PROFIT CORPORATION LIMITED, Plaintiff/COUNTER-CLAIM DEFENDANT, CASE NO.: 18-CV-2185 (JGK) -against- w 10 STRATEGIC VISION US, LLC Defendant/COUNTERCLAIM PLAINTIFF. 12 ------X 30(b) (6) DEPOSITION OF 14 GOLDEN SPRING BY AND THROUGH AMELIA COLUCCIO 15 NEW YORK, NEW YORK 16 November 12, 2019 17 ww. 78 ATKINSON-BAKER, INC. (800)288-3376 www.Depo.com 21 REPORTED BY: KIARA MILLER 2 FILE NO.: ADOB4E5 2 24 25 Page 1 30(b)(6): Amelia Coluccio November 12, 2019 3 Atkinson-Baker, Inc. www.depo.com ܠܚܢ ܢ ܢܝ ܠ ܕ ܘ ܢ ܗ A. COLUCCIO introduce themselves. After counsel has introduced themselves, the witness may be sworn in by the court reporter? MR. GREIM: This morning you have Eddy Greim and Jennifer Denalli. We are Counsel for Graves Garret for Strategic Vision, which is the defendant and counterclaim plaintiff in this case. MS. TESKE: And Erin Teske with Hodgson Russ for Golden Spring New York, the deponent. MR. GREIM: And with us here is Daniel Podhaskie, the corporate rep for GSNY. ܘ ܘ ܢܪ ܢܬ л в мноо о ол со мною ю - ол дамн - - - - - - H N M N M M M ܢܝ A. COLUCCIO O And if you could, please turn to page three, which says Exhibit A at the top of it. You're there. Are these the topics on which you're prepared to testify today? MS. TESKE: Object to the form. You can answer. A Yes. Q And if you turn to the next page, you'll see documents be produced pursuant to rule 45. There's two items on that page. A I'm sorry, what's the question? Q Do you see two items on that page? A Yes. Q Did you bring any documents with you today? A No. Q Have you seen this page four of the subpoena before? A No. I don't think so. What is your position -- let me ask you this, are you an employee of Golden Spring? A Yes. ܒ ܡ & ܠܢ ܣ ܩ ܘ ܢܪ AMELIA COLLUCIO, after having first been duly sworn by a Notary Public of the State of New York, was examined and testified as follows: COURT REPORTER: Please state your name for the record. THE WITNESS: Amelia Coluccio. COURT REPORTER: Please state 9 ܚ ܠܩ ܩ Page 6 Page 8 ܝ NA ܝ ܢܝ ܠ ܩ ܗ ܕܢ ܣ ܘ ܘ ܢ in AW NOW ܬ ܚ A. COLUCCIO your address for the record. THE WITNESS: 162 East 64th Street, New York 10065. (Whereupon, Notice of Deposition was marked as Golden Spring Exhibit 1 for identification as of this date.) BY MR. GREIM: Q Ms. Coluccio, good morning? A Good morning. Q I put in front of you what we've marked as Golden Spring Exhibit One. Have you had a chance to review that? A No. Q Please take a look at it. And my question to you is simply, have you seen this document before? A I think I have. Q Do you recognize this as the notice of deposition duces tecum under which you're here today? MS. TESKE: Object. You can answer. A Yes. A. COLUCCIO Q What is your position? A Paralegal? Q How long have you had that role? A About seven months. Q What are your duties? A Mainly to help organize legal files and to coordinate with outside law firms. e Does that include this case? A Yes. Q What other cases do you work on? MS. TESKE: Object. Don't answer that. MR. GREIM: Is that an instruction not to answer? MS. TESKE: Yes. Q How many other cares do you work on as paralegal at Golden Spring? A To estimate maybe 20 to 30. Q Are those all cases in which Golden Spring is a party? MS. TESKE: Object. Don't answer that. Q You work full-time? ܩ ܩ ܗ ܢ ܗ ܘ ܘ ܢ o w Noio ܬ ܠ ܕ Page 7 Page 9 3 (Pages 6 to 9) 30(b)(6): Amelia Coluccio November 12, 2019 3 Atkinson-Baker, Inc. www.depo.com A. COLUCCIO A I don't know for sure. Q Did Golden Spring come up with a budget for how much it would cost to work on this project for Eastern Profit? A I don't know. Q Has Golden Spring been paid for its work on behalf of Eastern Profit? A No. Does Golden Spring New York have any clients who pay it for work on projects? MS. TESKE: Object. Don't answer that. Q Is it typical -- well, let me ask you this. How many hours has Golden Spring put into this Eastern Profit negotiation, performance, everything that's covered under its work for Eastern Profit, how many hours has Golden Spring put into it? AI don't know. Q Hundred hours? A I don't know. Q A thousand? A I don't know. A. COLUCCIO A Right. QAnd I suppose you spent sometime on it too? A On this litigation matter? Q Yes, A In an administrative sense, yes. Q What about the Han Chunguang, does he spend time on this? AI -- MS. TESKE: Object to the form of the question. You can answer. A I don't know. Q Is he a Golden Spring employee? A No. Q Does he work in a Golden Spring office? MS. TESKE: Object to the form of the question. A No. Q You seem uncertain about that? A I've seen him at the office, but I don't think he works out of the office. Q Where does he work? Page 78 Page 80 A. COLUCCIO Q Who are the different staff at Golden Spring who work on the Eastern Profit project? MS. TESKE: Object to the form. Asked and answered. You can answer. A Just Yvette. Q Mr. Podhaskie too though, right? A I'm sorry. The Eastern Profit project? Q Yeah. Let's go back. Is that unclear to you? A Yes. Q Let's go from the negotiation of the contract through the performance through everything else that is under the limited power of attorney. And so my question is who works on those things? So far we got Yvette and my next question is, is that Mr. Podhaskie as well? A Not that I know of. Other than his time spent in this litigation itself? 56GBūBEENOWNH A. COLUCCIO AI don't - MS. TESKE: Object. You don't have to answer that. Q I'm sorry, what were you about to say? MS. TESKE: I'm directing her not to answer. It's way beyond the scope. Q Does he have a Golden Spring email address? A Not that I know of. VIDEOGRAPHER: Counselor. Q Why did Eastern Profit tell Golden Spring it would enter into the contract? A Because, well I know that Mr. Han was being persecuted by the CCP and was interested in doing research on them, and Eastern was in a position to enter into the contract. Q What do you mean it was in a position to be able to enter into the contract? A It was able to. O That's literally what Mr. Han told Page 79 Page 81 21 (Pages 78 to 81) 30(b)(6): Amelia Coluccio November 12, 2019 3 Atkinson-Baker, Inc. www.depo.com A. COLUCCIO Ms. Wang? MS. TESKE: Object to the form of the question. You can answer. A From what I understand. Q Well, does Golden Spring actually know that what Mr. Han said is true, that he's being persecuted by the CCP? MS. TESKE: Object to the form of the question. You can answer. A I don't know. Q Did Golden Spring make any efforts to see whether Mr. Han's story was correct? A I don't know. Who would know the answer to that question? A I think maybe Yvette would. Q Did Mr. Han tell Golden Spring what the persecution consisted of? A I don't know. Q Did Mr. Han tell Golden Spring why he thought entering into this research agreement would ease the persecution? A. COLUCCIO agreement was successful. Q Okay. My question is a little bit different though. My question is, did Eastern Profit tell Golden Spring how Eastern Profit intended to pay for the research itself? AI don't know. & Well, did a time come when Golden Spring learned that Eastern Profit couldn't pay anyone anything? MS. TESKE: Object to the form of the question. AI don't know, Q Who knows the answer to that question? A I don't know. Q Is it unusual for Golden Spring to work for free? MS. TESKE: Object to the form of the question. You can answer. AI don't know. Q Did Golden Spring already know that Eastern Profit's assets were frozen at Page 82 Page 84 ܘ ܝ ܟܩ ܟ ܗ ܟ ܗ ܩ . ܢܙ h5 ܢܝ A. COLUCCIO A I don't -- MS, TESKE: Object to the form of the question. You can answer. A I don't know, Q Did Mr. Han tell Golden Spring what its goals were, what Eastern Profit's goals were in entering into the research agreement? AI don't know. Q Did Mr. Han give Golden Spring New York any parameters in terms of how much it was willing to spend on the research agreement? A I don't know. Mr. Han tell Golden Spring whether Eastern Profit itself could even afford to pay for research? MS. TESKE: Object to the form. You can answer. A I'm not sure. I just know that they, that he said that Golden Spring would be compensated by Eastern Profit if the A. COLUCCIO the time it entered, it began its discussions with Eastern Profit? MS. TESKE: Object to the form of the question. You can answer. A I don't know, Q Did Golden Spring come up with any backup plan to be paid if it did all this work for Eastern Profit and the contract -- and it was owed money? A I don't know. Q Who did Ms. Wang report to with respect to her work on the project? A She didn't report to anyone. Q How do you know that? A From my conversations with her. Did she refer to Guo Wengui as her boss? A No. Q How do you know? A She told me. Q So she specifically told you last night that she never referred to Guo Wengui as her boss? ܠܝ ܟ ܗ ܢ ܣ ܘ ܘ ܚ 9 ܚ ܠܩ ܗ Page 83 Page 85 22 (Pages 82 to 85) 30(b)(6): Amelia Coluccio November 12, 2019 3 Atkinson-Baker, Inc. www.depo.com A. COLUCCIO A Correct. Q Who knows the answer to those questions? A I would think Yvette would know. Q Did you ask her last night? A (No verbal response.) And you haven't looked for any writing that reflects the terms of this agreement? MS. TESKE: Object to the form of the question. You can answer. A Correct. Q Why did Golden Spring agree -- well, let me go back. You said Mr. Han told Golden Spring it would be compensated if the agreement was successful; what did it mean for the agreement to be successful? A I'm not sure. Q Does Golden Spring know? AI don't know. Q I mean was success defined as regime change in China? Was it defined as A. COLUCCIO Q As we're going if you remember something you're telling me was a question you asked her, please let me know. If you can remember, okay? A Okay. Q And you were typing up notes as Ms. Wang was talking with you; was that right? A Yes. MR. GREIM: I'm going to call for production of those notes. MS. TESKE: We will object. Q Okay. What about there's one more piece of this I didn't ask you about. What was the timeline discussed? In other words, at what point was Golden Spring going to look back and Eastern Profit going to look back and say, all right, we either are successful or we're not; was that one of the things that was part of the agreement? AI don't know. MS. TESKE: Object to the form of that. Page 66 Page 68 A. COLUCCIO some of Guo's assets get unfrozen; what was the definition? A I don't know. Q Does Golden Spring know? AI don't know. Let's turn to the other half of the agreement. How much would Golden Spring be compensated if the agreement was successful? A I don't think that was decided on. Q How do you know that? A from my conversation with Yvette. Q So did Yvette tell you the amount of the compensation wasn't decided on? A Correct. Q By the way in this discussion with Yvette, did you have a chance to ask her question or did she just kind of march through the points with you? A I might have asked her, what, a couple of questions. Q Do you remember any question that you asked her? A Right now, I can't. A. COLUCCIO Q Is this the typical for Golden Spring not to have written agreements with its clients? MS. TESKE: Object to the scope. If you know the answer to that, go ahead. À I don't know, Q Does Golden Spring know the answer to that question? A I don't know. Q Does Golden Spring have written agreements with any of its client? MS. TESKE: Object to the scope of that question. And you don't have to the answer that. O You're going to abide by counsel's instruction? A Yes. Q Were the terms of Golden Spring's deal with Eastern Profit atypical for Golden Spring? AI don't know. Page 67 Page 69 18 (Pages 66 to 69) 30(b)(6): Amelia Coluccio November 12, 2019 3 Atkinson-Baker, Inc. www.depo.com m сл во мноо . Фільш мноо тол в аме A, C