Free Proposed Pretrial Order - District Court of Delaware - Delaware

Case 1:04-cv-00939-GMS

Document 70-12

Filed 06/28/2006

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EXHIBIT 9

Case 1:04-cv-00939-GMS

Document 70-12

Filed 06/28/2006

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE MERCK & CO., INC., Plaintiff, v. ) ) ) ) ) ) ) ) ) )

Civil Action No. 04-939 (GMS) CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER

TEVA PHARMACEUTICALS USA, INC. Defendant.

TEVA PHARMACEUTICALS USA, INC.'S AFFIRMATIVE DEPOSITION DESIGNATIONS Teva Pharmaceuticals USA, Inc. ("Teva USA") respectfully submits the attached Deposition Designations in accordance with the Court's Scheduling Order entered on April 6, 2006. Teva USA reserves the right to amend and supplement these designations as necessary, and to use portions of depositions designated by Merck & Co., Inc.

Respectfully submitted, June 28, 2006 Josy W. Ingersoll (#1088) YOUNG CONAWAY STARGATT & TAYLOR, LLP The Brandywine Building 1000 West Street, 17th Floor P.O. Box 391 Wilmington, DE 19899-0391 (302) 571-6672 Attorneys for defendant Teva Pharmaceuticals USA, Inc.

OF COUNSEL James Galbraith Maria Luisa Palmese A. Antony Pfeffer KENYON & KENYON LLP One Broadway New York, NY 10004 (212) 425-7200

Case 1:04-cv-00939-GMS

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1.

From the deposition of Robert Beckman, July 23, 2002:

Page 5, Line 8 through Page 8, Line 3 Page 19, Line 12 through Page 19, Line 23 Page 20, Line 6 through Page 21, Line 10 Page 32, Line 7 through Page 35, Line 23 Page 41, Line 21 through Page 43, Line 3 2. From the deposition of Peter Browne, September 18, 2002:

Page 1, Line 1 through Page 8, Line 8 Page 8, Line 12 through Page 13, Line 24 Page 14, Line 3 through Page 20, Line 21 Page 20, Line 25 through Page 21, Line 11 Page 21, Line 16 through Page 21, Line 25 Page 22, Line 4 through Page 23, Line 14 Page 24, Line 1 through Page 24, Line 13 Page 24, Line 16 through Page 24, Line 19 Page 24, Line 22 through Page 30, Line 17 Page 30, Line 21 through Page 32, Line 2 Page 32, Line 5 through Page 33, Line 11 Page 33, Line 14 through Page 38, Line 17 Page 38, Line 20 through Page 43, Line 25 Page 44, Line 3 through Page 44, Line 12 Page 44, Line 15 through Page 45, Line 1 Page 45, Line 16 through Page 45, Line 23 Page 46, Line 1 through Page 46, Line 9 Page 46, Line 18 through Page 46, Line 20 Page 46, Line 23 through Page 47, Line 16 Page 47, Line 18 through Page 48, Line 20 Page 48, Line 23 through Page 51, Line 14 Page 51, Line 20 through Page 55, Line 6 Page 55, Line 9 through Page 56, Line 1 Page 56, Line 11 through Page 56, Line 18 Page 56, Line 23 through Page 56, Line 24 Page 57, Line 1 through Page 57, Line 16 Page 57, Line 18 through Page 59, Line 9 Page 59, Line 14 through Page 62, Line 3 Page 62, Line 6 through Page 62, Line 7 Page 62, Line 11 through Page 65, Line 8 Page 65, Line 11 Page 65, Line 14 through Page 66, Line 14 Page 66, Line 19 through Page 67, Line 10 Page 67, Line 23 through Page 82, Line 25 3. From the deposition of Karen F. Clark, December 21, 2005:

Case 1:04-cv-00939-GMS

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Page 5, Line 11 through Page 6, Line 5 Page 6, Line 13 through Page 7, Line 2 Page 7, Line 5 through Page 7, Line 18 Page 7, Line 20 through Page 7, Line 22 Page 7, Line 25 through Page 8, Line 9 Page 8, Line 12 through Page 8, Line 13 Page 8, Line 16 through Page 9, Line 2 Page 9, Line 7 through Page 9, Line 23 Page 10, Line 24 through Page 11, Line 20 Page 11, Line 24 through Page 12, Line 2 Page 12, Line 7 through Page 12, Line 8 Page 12, Line 23 through Page 12, Line 24 Page 13, Line 2 through Page 13, Line 18 Page 14, Line 3 through Page 14, Line 14 Page 14, Line 16 through Page 14, Line 25 Page 15, Line 7 through Page 15, Line 12 Page 16, Line 12 through Page 16, Line 13 Page 16, Line 20 through Page 17, Line 6 Page 17, Line 14 through Page 18, Line 4 Page 18, Line 6 through Page 18, Line 10 Page 19, Line 15 through Page 20, Line 9 Page 20, Line 21 through Page 21, Line 9 Page 21, Line 24 through Page 22, Line 9 Page 22, Line 13 through Page 22, Line 19 Page 22, Line 22 through Page 23, Line 6 Page 24, Line 8 through Page 25, Line 11 Page 25, Line 22 through Page 25, Line 25 Page 26, Line 14 through Page 26, Line 20 Page 26, Line 23 through Page 27, Line 2 Page 27, Line 16 through Page 29, Line 17 Page 29, Line 19 through Page 30, Line 2 Page 30, Line 4 through Page 30, Line 12 Page 30, Line 14 through Page 31, Line 2 Page 31, Line 4 through Page 32, Line 24 Page 33, Line 25 through Page 35, Line 22 Page 36, Line 18 through Page 36, Line 22 Page 36, Line 24 through Page 37, Line 9 Page 38, Line 4 through Page 38, Line 12 Page 38, Line 16 through Page 39, Line 10 Page 40, Line 17 through Page 40, Line 25 Page 41, Line 4 through Page 41, Line 5 Page 41, Line 14 through Page 42, Line 16 Page 42, Line 18 through Page 42, Line 24 Page 43, Line 6 through Page 43, Line 8 Page 43, Line 14 through Page 43, Line 18 Page 44, Line 8 through Page 45, Line 16

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Page 45, Line 18 through Page 45, Line 24 Page 46, Line 17 through Page 47, Line 23 Page 48, Line 4 through Page 48, Line 7 Page 49, Line 5 through Page 49, Line 14 Page 49, Line 16 through Page 49, Line 21 Page 50, Line 5 through Page 50, Line 8 Page 50, Line 10 through Page 50, Line 17 Page 50, Line 20 through Page 51, Line 13 Page 52, Line 3 through Page 52, Line 5 Page 52, Line 25 through Page 53, Line 6 Page 53, Line 16 through Page 53, Line 19 Page 54, Line 18 through Page 54, Line 25 Page 55, Line 13 through Page 55, Line 18 Page 56, Line 5 through Page 56, Line 14 Page 56, Line 25 through Page 57, Line 15 Page 59, Line 19 through Page 59, Line 24 Page 60, Line 2 through Page 60, Line 7 Page 60, Line 9 through Page 90, Line 25 Page 61, Line 18 through Page 62, Line 11 Page 63, Line 9 through Page 63, Line 16 Page 63, Line 18 through Page 63, Line 24 Page 64, Line 2 through Page 64, Line 2 Page 64, Line 13 through Page 64, Line 17 Page 65, Line 2 through Page 65, Line 22 Page 65, Line 24 through Page 66, Line 3 Page 66, Line 8 through Page 66, Line 14 Page 66, Line 25 through Page 67, Line 6 Page 69, Line 2 through Page 69, Line 6 Page 72, Line 2 through Page 72, Line 7 Page 72, Line 12 through Page 72, Line 15 Page 73, Line 2 through Page 75, Line 3 Page 75, Line 10 through Page 75, Line 23 Page 75, Line 25 through Page 76, Line 8 Page 78, Line 23 through Page 80, Line 12 Page 80, Line 14 through Page 80, Line 21 Page 81, Line 10 through Page 81, Line 16 4. From the deposition of Anastasia Daifotis, June 19, 2002

Page 7, Line 6 through Page 9, Line 10 Page 8, Line 1 through Page 9, Line 10 Page 12, Line 4 through Page 13, Line 8 Page 17, Line 19 through Page 18, Line 7 Page 28, Line 3 through Page 29,Line 9 Page 30, Line 20 through Page 31, Line 19 Page 33, Line 6 through Page 33, Line 18 Page 35, Line 5 through Page 41, Line 24 -4-

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Page 42, Line 16 through Page 43, Line 12 Page 48, Line 17 through Page 49, Line 6 Page 50, Line 8 through Page 54, Line 8 Page 69, Line 21 through Page 75, Line 2 Page 77, Line 23 through Page 86, Line 19 Page 87, Line 1 through Page 90,Line 17 Page 92, Line 13 through Page 93, Line 23 Page 96, Line 5 through Page 97, Line 4 Page 108, Line 24 through Page 109, Line 3 Page 109, Line 8 through Page 111, Line 9 Page 111, Line 15 through Page 115, Line 4 Page 118, Line 3 through Page 118, Line 4 Page 119, Line 5 through Page 124, Line 8 Page 129, Line 22 through Page 130, Line 4 Page 135, Line 17 through Page 135, Line 23 Page 137, Line 21 through Page 138, Line 3 Page 139, Line 12 through Page 143, Line 21 Page 150, Line 16 through Page 152, Line 12 Page 154,Line 16 through Page 163, Line 5 Page 166, Line 12 through Page 173, Line 23 Page 181, Line 12 through Page 181, Line 15 Page 185, Line 10 through Page 190, Line 9 Page 193, Line 21 through Page 194, Line 2 5. From the deposition of Anastasia Daifotis, June 20, 2002

Page 200, Line 8 through Page 207, Line 13 Page 244, Line 15 through Page 244, Line 20 Page 244, Line 25 through Page 247, Line 13 Page 250, Line 10 through Page 253, Line 9 Page 254, Line 5 through Page 255, Line 3 Page 262, Line 18 through Page 272, Line 14 Page 272, Line 25 through Page 276, Line 3 Page 276, Line 9 through Page 287, Line 6 Page 287, Line 11 through Page 292, Line 22 Page 314, Line 1 through Page 329, Line 2 Page 329, Line 16 through Page 333, Line 25 Page 338, Line 11 through Page 341, Line 22 Page 342, Line 7 through Page 344, Line 10 Page 347, Line 13 through Page 358, Line 22 Page 369, Line 7 through Page 370, Line 2 Page 371, Line 21 through Page 373, Line 14 Page 373, Line 21 through Page 375, Line 19 Page 401, Line 16 through Page 405, Line 23 Page 422, Line 13 through Page 423, Line 18 Page 450, Line 19 through Page 460, Line 5 Page 461, Line 12 through Page 461, Line 13 -5-

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Page 463, Line 7 through Page 467, Line 4 Page 476, Line 3 through Page 476, Line 4 Page 476, Line 11 through Page 483, Line 5 Page 491, Line 13 through Page 491,Line 14 Page 491, Line 20 through Page 491, Line 25 Page 500, Line 8 through Page 507, Line 23 Page 508, Line 7 through Page 518, Line 8 6. From the deposition of Gerard Devlin, September 13, 2002:

Page 6, Line 5 through Page 7, Line 11 Page 38, Line 24 through Page 40, Line 4 Page 40, Line 8 through Page 42, Line 2 Page 42, Line 9 through Page 46, Line 8 Page 46, Line 11 through Page 48, Line 23 Page 49, Line 5 through Page 49, Line 11 Page 50, Line 5 through Page 50, Line 11 Page 50, Line 15 through Page 50, Line 18 Page 51, Line 3 through Page 50, Line 12 Page 51, Line 16 through Page 52, Line 9 Page 52, Line 22 through Page 53, Line 3 Page 53, Line 7 through Page 53, Line 19 Page 54, Line 7 through Page 55, Line 11 Page 57, Line 6 through Page 59, Line 3 Page 59, Line 7 through Page 59,Line 10 Page 59,Line 16 through Page 60, Line 24 Page 61, Line 8 through Page 62,Line 3 Page 62, Line 19 through Page 64, Line 6 Page 66 Line 16 through Page 69, Line 13 Page 69, Line 22 through Page 72, Line 2 Page 72, Line 16 through Page 81, Line 14 Page 81, Line 21 through Page 82, Line 2 Page 82, Line 19 through Page 83, Line 9 Page 85, Line 20 through Page 86, Line 23 Page 88, Line 14 through Page 88, Line 18 Page 88, Line 21 through Page 89, Line 5 Page 90, Line 5 through Page 93, Line 20 Page 94, Line 6 through Page 94, Line 12 Page 94, Line 21 through Page 95, Line 15 Page 95, Line 18 through Page 95, Line 22 Page 97, Line 18 through Page 100,Line 4 Page 101, Line 8 through Page 101, Line 11 Page 101, Line 14 through Page 102, Line 2 Page 104, Line 3 through Page 105, Line 13 Page 107, Line 5 through Page 107, Line 10 Page 107, Line 24 through Page 108, Line 16 Page 115, Line 25 through Page 118, Line 9 -6-

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Page 130, Line 4 through Page 131, Line 15 Page 134, Line 14 through Page 136, Line 19 Page 136, Line 24 through Page 137, Line 24 Page 138, Line 4 through Page 142, Line 9 Page 142, Line 16 through Page 146, Line 9 Page 146, Line 25 through Page 148, Line 5 Page 148, Line 25 through Page 149, Line 5 Page 149, Line 12 through Page 153, Line 6 Page 153, Line 16 through Page 154, Line 5 Page 154, Line 16 through Page 157, Line 6 Page 159, Line 18 through Page 159, Line 22 Page 160, Line 3 through Page 161, Line 5 Page 161, Line 9 through Page 164, Line 2 7. From the deposition of Elizabeth DiCesare, August 28, 2002:

Page 5, Line 22 through Page 23, Line 15 Page 23, Line 19 through Page 31, Line 7 Page 32, Line 14 through Page 34, Line 14 Page 34, Line 23 through Page 39, Line 4 Page 39, Line 7 through Page 41, Line 21 Page 41, Line 25 through Page 42, Line 11 Page 42, Line 15 through Line 22 Page 42, Line 24 through Page 43, Line 2 Page 43, Line 17 through Line 21 Page 43, Line 25 through Page 44, Line 7 Page 44, Line 15 through Page 45, Line 19 Page 45, Line 21 through Page 51, Line 5 Page 51, Line 9 through Page 52, Line 8 Page 52, Line 12 through Line 25 Page 53, Line 11, through Page 54, Line 4 Page 54, Line 10 through Page 70, Line 21 Page 70, Line 25 through Page 73, Line 2 Page 73, Line 12 through Page 77, Line 24 Page 78, Line 3 through Page 81, Line 20 Page 81, Line 23 through Page 83, Line 15 Page 84, Line 1 through Page 87, Line 7 Page 87, Line 11 through Page 89, Line 14 Page 89, Line 16 through Page 95, Line 9 Page 96, Line 9 through Page 99, Line 23 Page 100, Line 3 through Page 100, Line 6 Page 101, Line 6 through Page 103, Line 8 Page 103, Line 17 through Page 105, Line 4 Page 106, Line 13 through Page 109, Line 9 Page 109, Line 13 through Page 111, Line 22 Page 112, Line 1 through Page 112, Line 13 Page 112, Line 15 through Page 112, Line 22 -7-

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Page 112, Line 24 through Page 113, Line 4 Page 113, Line 6 through Line 17 Page 113, Line 24 through Page 120, Line 18 Page 120, Line 21 through Page 121, Line 18 Page 123, Line 14 through Page 124, Line 3 Page 125, Line 10 through Line 21 Page 125, Line 24 through Page 126, Line 3 Page 126, Line 6 through Page 127, Line 5 Page 127, Line 10 through Line 16 Page 128, Line 7 through Page 128, Line 9 Page 128, Line 12 through Page, Line 15 Page 128, Line 20 through Page 128, Line 22 Page 128, Line 25 Page 129, Line 13 through Page 130, Line 2 Page 130, Line 13 through Line 25 Page 131, Line 5 through Page 146, Line 22 Page 147, Line 21 through Page 152, Line 16 Page 154, Line 3 through Line 7 Page 154, Line 14 through Page 159, Line 25 Page 160, Line 15 through Page 163, Line 8 Page 163, Line 11 Page 163, Line 18 through Page 163, Line 22 Page 164, Line 1 through Page 170, Line 21 Page 170, Line 25 through Page 181, Line 11 Page 181, Line 19 through Page 186, Line 17 Page 186, Line 25 through Page 189, Line 2 Page 189, Line 6 through Page 191, Line 16 Page 191, Line 20 through Page 194, Line 20 Page 194, Line 24 through Page 196, Line 10 Page 196, Line 14 through Page 204, Line 21 Page 205, Line 15 through Page 206, Line 7 Page 206, Line 13 through Line 18 Page 206, Line 21 Page 207, Line 13 through Page 210, Line 2 Page 210, Line 7 through Page 218, Line 15 Page 218, Line 21 through Page 227, Line 22 Page 228, Line 3 through Page 229, Line 23 8. From the deposition of Elizabeth DiCesare, August 29, 2002:

Page 239, Line 19 through Page 240, Line 16 Page 240, Line 19 through Page 243, Line 10 Page 243, Line 14 through Page 244, Line 11 Page 245, Line 8 through Page 254, Line 15 Page 254, Line 19 through Page 256, Line 12 Page 256, Line 15 through Page 260, Line 5

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Page 260, Line 9 through Page 271, Line 25 Page 272, Line 5 through Line 12 Page 272, Line 16 through Page 274, Line 8 Page 274, Line 12 through Page 276, Line 17 Page 276, Line 20 through Page 279, Line 3 Page 279, Line 7 Page 279, Line 17 through Page 285, Line 9 Page 285, Line 13 through Page 286, Line 4 Page 286, Line 6 through Page 297, Line 9 Page 297, Line 14 through Page 299, Line 25 Page 300, Line 6 through Line 13 Page 300, Line 21 through Page 303, Line 9 Page 303, Line 13 through Line 20 Page 303, Line 23 through Page 308, Line 4 Page 308, Line 10 through Line 18 Page 309, Line 8 through Page 310, Line 23 Page 311, Line 10 through Page 312, Line 15 Page 312, Line 18 through Page 313, Line 9 Page 313, Line 13 through Page 316, Line 9 Page 316, Line 23 through Line 25 Page 317, Line 15 through Page 319, Line 13 Page 319, Line 15 through Line 21 Page 319, Line 25 through Page 320, Line 15 Page 320, Line 18 through Page 322, Line 15 Page 322, Line 22 Page 323, Line 10 through Page 325, Line 5 Page 325, Line 12 through Line 15 Page 325, Line 17 through Line 21 Page 325, Line 24 through Page 326, Line 4 Page 326, Line 12 through Line 18 Page 326, Line 23 through Page 327, Line 6 Page 327, Line 11 through Page 328, Line 9 Page 328, Line 14 through Line 25 Page 329, Line 5 through Line 24 Page 330, Line 5 through Line 21 Page 331, Line 6 through Line 10 Page 331, Line 16 through Page 332, Line 3 Page 332, Line 9 through Line 24 Page 333, Line 5 through Line 7 Page 333, Line 9 through Page 334, Line 12 Page 334, Line 18 through Page 335, Line 11 Page 335, Line 14 through Line 19 Page 335, Line 23 through Page 336, Line 2 Page 336, Line 7 through Page 337, Line 3 Page 337, Line 8 through Line 15 Page 337, Line 18 through Page 340, Line 6

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Page 340, Line 9 through Line 20 Page 340, Line 23 through Page 341, Line 10 Page 341, Line 14 through Page 342, Line 22 Page 342, Line 25 through Page 343, Line 22 Page 344, Line 2 through Line 15 Page 344, Line 20 through Page 345, Line 4 Page 348, Line 5 through Page 350, Line 24 Page 351, Line 4 through Line 23 Page 352, Line 6 through Page 355, Line 2 Page 355, Line 8 through Line 16 Page 357, Line 5 through Line 22 Page 358, Line 10 through Line 17 Page 360, Line 13 through Page 361, Line 8 9. From the deposition of Paul Drake, November 15, 2002:

Page 1, Line 1 through Page 44, Line 7 Page 44, Line 11 through Page 51, Line 4 Page 51, Line 9 through Page 61, Line 14 Page 62, Line 7 through Page 63, Line 23 Page 64, Line 15 through Page 81, Line 8 Page 81, Line 14 through Page 84, Line 8 Page 84, Line 12 through Page 87, Line 9 Page 87, Line 12 through Page 97, Line 7 Page 98, Line 2 through Page 103, Line 18 Page 104, Line 8 through Page 105, Line 25 10. From the deposition of Lawrence Hirsch, October 22, 2002:

Page 1, Line 1 through Page 6, Line 9 Page 8, Line 4 through Page 12, Line 9 Page 13, Line 22 through Page 15, Line 11 Page 18 Line 23 through Page 30, Line 24 Page 31, Line 5 through Page 32, Line 7 Page 32, Line 10 through Page 37, Line 5 Page 37, Line 12 through Page 37, Line 22 Page 37, Line 25 through Page 53, Line 20 Page 53, Line 23 through Page 54, Line 3 Page 54, Line 5 through Page 60, Line 19 Page 61, Line 7 through Page 70, Line 11 Page 70, Line 19 through Page 84, Line 12 Page 86, Line 23 through Page 87, Line 24 Page 88, Line 4 through Page 88, Line 6 Page 88, Line 9 through Page 88, Line 18 Page 89, Line 2 through Page 91, Line 14 Page 91, Line 17 through Page 99, Line 15 Page 101, Line 7 through Page 105, Line 17 -10-

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Page 106, Line 3 through Page 108, Line 20 Page 109, Line 1 through Page 117, Line 13 Page 117, Line 16 through Page 128, Line 24 Page 129, Line 20 through Page 130, Line 19 Page 133, Line 20 through Page 134, Line 16 Page 138, Line 4 through Page 140, Line 21 Page 141, Line 3 through Page 146, Line 17 Page 147, Line 11 though Page 152, Line 18 Page 155, Line 4 through Page 156, Line 5 Page 156, Line 15 through Page 158, Line 13 Page 159, Line 4 through Page 159, Line 7 Page 159, Line 10 through Page 160, Line 14 Page 161, Line 10 through Page 171, Line 21 Page 171, Line 24 through Page 171, Line 25 Page 172, line 9 through Page 175, line 10 Page 177, Line 3 through Page 193, Line 24 Page 203, Line 25 through Page 206, Line 9 11. From the deposition of Ashok Katdare, August 22, 2002:

Page 5, Line 21 through Page 6, Line 10 Page 7, Line 8 through Line 10 Page 7, Line 14 through Page 14, Line 8 Page 15, Line 10 through Line 22 Page 17, Line 9 through Page 18, Line 20 Page 20, Line 14 through Page 21, Line 15 Page 22, Line 6 through Line 18 Page 22, Line 22 through Page 23, Line 8 Page 23, Line 21 through Page 24, Line 6 Page 24, Line 12 through Page 25, Line 6 Page 26, Line 9 through Page 29, Line 9 Page 29, Line 14 through Page 31, Line 6 Page 32, Line 1 through Line 11 Page 32, Line 23 through Page 33, Line 5 Page 33, Line 14 through Page 34, Line 7 Page 35, Line 22 through Page 39, Line 14 Page 41, Line 7 through Page 42, Line 18 Page 43, Line 3 through Page 49, Line 3 Page 49, Line 7 through Line 21 Page 50, Line 19 through Page 52, Line 22 Page 53, Line 8 through Page 54, Line 10 Page 54, Line 23 through page 67, Line 11 Page 68, Line 3 through Line 5 Page 69, Line 6 through Page 70, Line 8 Page 74, Line 1 through Line 24 Page 76, Line 23 through Page 77, Line 8

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Page 78, Line 6 through Page 82, Line 9 Page 82, Line 18 through Line 22 Page 84, Line 1 through Line 21 Page 85, Line 5 through Page 87, Line 15 Page 88, Line 15 through Line 20 Page 90, Line 8 through Page 93, Line 13 Page 94, Line 16 through Page 95, Line 24 Page 99, Line 5 through Line 9 Page 99, Line12 through Page 101, Line 1 Page 101, Line 14 through Page 102, Line 10 Page 102, Line 13 through Page 109, Line 10 Page 110, Line 7 through Line 16 Page 110, Line 23 through Line 24 Page 111, Line 4 through Line 7 Page 112, Line 4 through Page 114, Line 2 Page 114, Line 6 through Line 10 Page 114, Line 22 through Page 115, Line 1 Page 115, Line 4 through Line 12 Page 115, Line 15 through Page 118, Line 11 Page 118, Line 15 through Page 119, Line 14 Page 119, Line 24 through Page 120, Line 24 Page 121, Line 4 through Line 16 Page 121, Line 20 through Page 122, Line 3 Page 122, Line 7 through Page 123, Line 7 Page 123, Line 10 through Line 18 Page 123, Line 21 through Page 124, Line 11 Page 124, Line 23 through Page 129, Line 9 Page 130, Line 9 through Page 132, Line 6 Page 133, Line 1 through Line 4 Page 133, Line 10 through 19 Page 133, Line 22 Page 134, Line 12 through Line 15 Page 134, Line 23 through Page 136, Line 9 Page 137, Line 18 through Page 140, Line 9 Page 140, Line 15 through Page 141, Line 1 Page 142, Line 10 through Line 20 Page 145, Line 15 through Page 146, Line 14 Page 151, Line 5 through Page 153, Line 5 Page 154, Line 10 through Page 155, Line 12 Page 156, Line 22 through Page 157, Line 1 Page 158, Line 19 through Page 159, Line 8 Page 159, Line 12 through Line 14 Page 161, Line 10 through Page 162, Line 17 Page 173, Line 11 through Page 174, Line 4 Page 177, Line 13 through Page 179, Line 22 Page 180, Line 1 through Page 182, Line 10

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Page 182, Line 12 through Line 13 12. From the deposition of Richard B. Mazess, September 17, 2002:

Page 5, Line 22 through Page 6, Line 3 Page 8, Line 8 through Line 12 Page 12, Line 25 through Page 13, Line 7 Page 14, Line 2 through Line 8 Page 16, Line 3 through Line 6 Page 18, Line 5 through Line 8 Page 18, Line 21 through Page 19, Line 6 Page 22, Line 20 through Page 23, Line 8 Page 26, Line 22 through Page 28, Line 12 Page 30, Line 5 through Page 31, Line 25 Page 32, Line 3 through Page 35, Line 7 Page 35, Line 12 through Page 37, Line 8 Page 37, Line 15 through Page 39, Line 13 Page 39, Line 17 through Page 42, Line 10 Page 42, Line 22 through Page 43, Line 25 Page 51, Line 6 through Page 52, Line 11 Page 52, Line 18 through 56, Line 11 Page 58, Line 5 through Line 15 Page 59, Line 1 through Page 62, Line 25 Page 64, Line 1 through Page 66, Line 18 Page 67, Line 8 through Page 69, Line 21 Page 70, Line 2 through Page 71, Line 13 Page 73, Line 9 through Line 12 Page 73, Line 23 through Page 74, Line 12 Page 74, Line 16 through Page 75, Line 9 Page 77, Line 4 through Page 81, Line 11 Page 81, Line 19 through Page 82, Line 17 Page 83, Line 8 through Page 84, Line 21 Page 87, Line 3 through Line 5 Page 87, Line 24 through Page 88, Line 13 Page 89, Line 7 through Page 90, Line 18 Page 91, Line 1 through Page 92, Line 3 Page 114, Line 25 through Page 116, Line 3 Page 116, Line 19 through Page 121, Line 5 Page 121, Line 15 through Page 123, Line 15 Page 123, Line 22 through Page 126, Line 15 Page 128, Line 8 through Page 129, Line 19 Page 132, Line 19 through 133, Line 7 Page 135, Line 14 through Line 20 Page 141, Line 17 through Page 142, Line 18 Page 143, Line 6 through Line 14 Page 144, Line 4 through Line 17 Page 151, Line 9 through Line 21 -13-

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Page 153, Line 15 through Page 154, Line 6 Page 155, Line 22 through Page 157, Line 8 Page 167, Line 25 through Page 172, Line 11 Page 173, Line 10 through Line 21 Page 175, Line 23 through Page 180, Line 3 Page 189, Line 19 through Page 191, Line 8 Page 193, Line 16 through Page 195, Line 2 Page 203, Line 24 through Page 206, Line 9 Page 208, Line 20 through Page 209, Line 4. 13. From the deposition of John Orloff, October 10, 2002:

Page 1, Line 1 through Page 12, Line 8 Page 12, Line 11 through Page 19, Line 18 Page 20, Line 6 through Page 21, Line 12 Page 21, Line 16 through Page 21, Line 19 Page 22, Line 3 through Page 22, Line 7 Page 22, Line 10 through Page 22, Line 18 Page 22, Line 21 through Page 22, Line 25 Page 23, Line 3 through Page 23, Line 7 Page 23, Line 11 through Page 24, Line 13 Page 24, Line 16 through Page 25, Line 6 Page 25, Line 9 through Page 25, Line 18 Page 25, Line 20 through Page 26, Line 23 Page 27, Line 2 through Page 27, Line 14 Page 27, Line 19 through Page 29, Line 11 Page 29, Line 14 through Page 29, Line 17 Page 30, Line 5 through Page 32, Line 9 Page 32, Line 12 through Page 34, Line 8 Page 34, Line 18 through Page 34, Line 22 Page 34, Line 25 through Page 35, Line 17 Page 35, Line 21 through Page 38, Line 13 Page 38, Line 16 through Page 40, Line 12 Page 40, Line 15 through Page 41, Line 21 Page 41, Line 25 through Page 45, Line 9 Page 45, Line 13 through Page 45, Line 23 Page 45, Line 25 through Page 46, Line 12 Page 46, Line 14 through Page 47, Line 23 Page 48, Line 3 through Page 49, Line 2 Page 49, Line 5 through Page 53, Line 2 Page 53, Line 4 through Page 53, Line 22 Page 54, Line 2 through Page 58, Line 16 Page 58, Line 23 through Page 68, Line 6 Page 68, Line 9 through Page 69, Line 20 Page 69, Line 24 through Page 73, Line 12 Page 73, Line 15 through Page 74, Line 16

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Page 75, Line 4 through Page 80, Line 10 Page 80, Line 15 through Page 80, Line 18 Page 80, Line 21 through Page 81, Line 9 Page 81, Line 11 through Page 82, Line 9 Page 82, Line 12 through Page 83, Line 15 Page 83, Line 18 through Page 84, Line 5 Page 84, Line 9 through Page 90, Line 17 Page 90, Line 19 through Page 91, Line 12 Page 91, Line 19 through Page 94, Line 20 Page 94, Line 22 through Page 95, Line 17 Page 95, Line 19 through Page 98, Line 18 Page 98, Line 20 through Page 99, Line 10 Page 99, Line 13 through Page 100, Line 3 Page 100, Line 5 through Page 101, Line 13 Page 101, Line 16 through Page 102, Line 15 Page 102, Line 19 through Page 102, Line 25 Page 103, Line 10 through Page 103, Line 13 Page 103, Line 16 through Page 104, Line 10 Page 104, Line 20 through Page 107, Line 4 Page 107, Line 8 through Page 109, Line 5 Page 109, Line 7 through Page 111, Line 17 Page 111, Line 24 through Page 112, Line 13 Page 112, Line 18 through Page 112, Line 24 Page 113, Line 3 through Page 113, Line 5 Page 113, Line 8 through Page 113, Line 12 Page 114, Line 2 through Page 115, Line 2 Page 115, Line 5 through Page 117, Line 16 Page 117, Line 20 Page 118, Line 11 through Page 121, Line 10 Page 121, Line 12 through Page 122, Line 16 Page 122, Line 18 through Page 123, Line 12 Page 123, Line 16 through Page 124, Line 4 Page 124, Line 9 through Page 125, Line 6 Page 125, Line 11 through Page 128, Line 10 Page 129, Line 9 through Page 129, Line 13 Page 129, Line 16 through Page 129, Line 23 Page 130, Line 2 through Page 131, Line 25 Page 132, Line 4 through Page 134, Line 19 Page 136, Line 1 through Page 136, Line 25 Page 139, Line 1 through Page 139, Line 25 14. From the deposition of Chennekatu Peter, August 28, 2002:

Page 1, Line 1 through Page 2, Line 25 Page 5, Line 23 through Page 5, Line 25 Page 6, Line 3 through Page 15, Line 5 -15-

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Page 16, Line 2 through Page 17, Line 7 Page 17, Line 16 through Page 18, Line 21 Page 19, Line 2 through Page 19, Line 3 Page 19, Line 5 through Page 20, Line 22 Page 20, Line 24 through Page 20, Line 25 Page 21, Line 8 through Page 21, Line 9 Page 21, Line 11 through Page 24, Line 9 Page 24, Line 11 through Page 24, Line 15 Page 24, Line 17 through Page 30, Line 5 Page 30, Line 7 Page 30, Line 9 through Page 30, Line 19 Page 30, Line 21 through Page 31, Line 5 Page 31, Line 7 through Page 32, Line 1 Page 32, Line 3 Page 32, Line 6 through Page 33, Line 2 Page 33, Line 4 through Page 34, Line 24 Page 35, Line 1 through Page 36, Line 17 Page 36, Line 19 Page 36, Line 21 through Page 37, Line 19 Page 37, Line 21 through Page 39, Line 24 Page 40, Line 9 through Page 41, Line 5 Page 41, Line 7 through Page 42, Line 4 Page 42, Line 12 through 43, Line 9 Page 43, Line 16 through Page 43, Line 22 Page 43, Line 24 through Page 45, Line 3 Page 45, Line 9 through Page 45, Line 11 Page 45, Line 13 through Page 46, Line 12 Page 46, Line 14 through Page50, Line 17 Page 50, Line 20 through Page 50, Line 25 Page 51, Line 2 through Page 52, Line 14 Page 52, Line 17 Page 52, Line 19 through Page 52, Line 20 Page 52, Line 22 through Page 52, Line 23 Page 53, Line 1 through Page 53, Line 2 Page 53, Line 5 through Page 63, Line 5 Page 63, Line 19 through Page 64, Line 25 Page 65, Line 7 through Page 65, Line 11 Page 65, Line 13 through Page 65, Line 15 Page 65, Line 17 through Page 68, Line 15 Page 68, Line 21 through Page 68, Line 25 Page 69, Line 11 through Page 70, Line 17 Page 70, Line 19 through Page 71, Line 14 Page 71, Line 16 through Page 71, Line 24 Page 72, Line 8 through Page 72, Line 13 Page 72, Line 15 Page 72, Line 22 through Page 73, Line 25

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Case 1:04-cv-00939-GMS

Document 70-12

Filed 06/28/2006

Page 18 of 57

Page 74, Line 6 through Page 76, Line 2 Page 76, Line 4 through Page 76, Line 7 Page 76, Line 9 through Page 76, Line 10 Page 76, Line 12 through Page 76, Line 16 Page 76, Line 18 through Page 77, Line 13 Page 77, Line 16 through Page 77, Line 18 Page 77, Line 20 through Page 79, Line 24 Page 80, Line 4 through Page 80, Line 22 Page 80, Line 25 through Page 81, Line 7 Page 81, Line 17 through Page 82, Line 4 Page 82, Line 10 through Page 83, Line 4 Page 83, Line9 through Page 83, Line 21 Page 83, Line 24 through Page 84, Line 2 Page 84, Line 4 through Page 84, Line 15 Page 84, Line 17 through Page 84, Line 23 Page 84, Line 25 through Page 85, Line 3 Page 85, Line 5 Page 85, Line 7 through Page 86, Line 12 Page 86, Line 20 through Page 87, Line 1 Page 87, Line 13 through Page 87, Line 15 Page 87, Line 24 through Page 88, Line 6 Page 88, Line 12 through Page 88, Line 20 Page 88, Line 24 through Page 89, Line 3 Page 89, Line 5 through Page 89, Line 8 Page 89, Line 11 through Page 89, Line 13 Page 89, Line 15 through Page 89, Line 25 Page 90, Line 4 through Page 97, Line 2 Page 97, Line 4 Page 97, Line 7 through Page 103, Line 2 Page 103, Line 6 through Page 103, Line 10 Page 103, Line 12 through Page 103, Line 16 Page 103, Line 19 Page 103, Line 21 through Page 111, Line 2 Page 111, Line 10 through Page 111, Line 16 Page 111, Line 18 through Page 111, Line 25 Page 112, Line 6 through Page 112, Line 13 Page 112, Line 15 through Page 113, Line 6 Page 113, Line 8 through Page 113, Line 20 Page 113, Line 22 through Page 114, Line 24 Page 115, Line 1 through Page 115, Line 9 Page 115, Line 11 through Page 117, Line 7 Page 117, Line 9 through Page 117, Line 12 Page 117, Line 14 through Page 117, Line 15 Page 117, Line 17 through Page 117, Line 24 Page 118, Line 1 through Page 118, Line 6 Page 118, Line 8 through Page 118, Line 9

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Case 1:04-cv-00939-GMS

Document 70-12

Filed 06/28/2006

Page 19 of 57

Page 118, Line 11 through Page 119, Line 2 Page 119, Line 5 through Page 119, Line 9 Page 119, Line 11 through Page 119, Line 12 Page 119, Line 14 through Page 119, Line 16 Page 119, Line 18 through Page 119, Line 19 Page 119, Line 22 through Page 119, Line 24 Page 120, Line 1 through Page 120, Line 11 Page 120, Line 16 through Page 120, Line 17 Page 120, Line 19 through Page 121, Line 12 Page 121, Line 25 through Page 122, Line 1 Page 122, Line 3 through Page 122, Line 13 Page 123, Line 1 through Page 123, Line 9 Page 123, Line 11 Page 123, Line 13 through Page 124, Line 5 Page 124, Line 7 through Page 124, Line 10 Page 124, Line 12 through Page 126, Line 11 Page 126, Line 13 Page 126, Line 15 through Page 126, Line 18 Page 126, Line 20 through Page 126, Line 21 Page 126, Line 23 through Page 127, Line 1 Page 127, Line 4 Page 127, Line 6 through Page 127, Line 19 Page 127, Line 22 through Page 128, Line 2 Page 128, Line 4 through Page 128, Line 22 Page 129, Line 1 through Page 129, Line 17 Page 129, Line 20 through Page 129, Line 1 Page 130, Line 3 through Page 130, Line 12 Page 130, Line 14 through Page 132, Line 1 Page 132, Line 3 through Page 132, Line 4 Page 132, Line 6 through Page 132, Line 11 Page 132, Line 13 through Page 132, Line 18 Page 132, Line 20 through Page 132, Line 22 Page 133, Line 6 through Page 133, Line 11 Page 133, Line 13 through Page 135, Line 16 Page 135, Line 18 through Page 135, Line 20 Page 135, Line 22 through Page 137, Line 23 Page 138, Line 1 through Page 138, Line 2 Page 138, Line 4 through Page 139, Line 10 Page 139, Line 12 through Page 139, Line 13 Page 139, Line 15 through Page 139, Line 25 Page 140, Line 12 through Page 142, Line 10 Page 142, Line 12 through Page 144, Line 22 Page 145, Line 5 through Page 149, Line 14 Page 149, Line 16 through Page 151, Line 18 Page 152, Line 1 through Page 152, Line 5 Page 152, Line 7 through Page 152, Line 8

-18-

Case 1:04-cv-00939-GMS

Document 70-12

Filed 06/28/2006

Page 20 of 57

Page 152, Line 10 through Page 153, Line 17 Page 153, Line 19 through Page 155, Line 23 Page 155, Line 25 through page 156, Line 9 Page 156, Line 11 through Page 156, Line 20 Page 156, Line 22 through Page 157, Line 1 Page 157, Line 3 through Page 157, Line 14 Page 157, Line 16 through Page 157, Line 17 Page 157, Line 19 through Page 157, Line 22 Page 157, Line 24 through Page 158, Line 3 Page 158, Line 5 through Page 158, Line 25 Page 159, Line 2 through Page 159, Line 4 Page 159, Line 6 through Page 160, Line 4 Page 160, Line 6 through Page 160, Line 9 Page 160, Line 18 through Page 161, Line 8 Page 161, Line 12 through Page 161, Line 14 Page 161, Line 16 through page 162, Line 2 Page 162, Line 4 through Page 163, Line 25 Page 164, Line 17 through Page 165, Line 11 Page 165, Line 17 through Page 165, Line 18 Page 165, Line 20 through Page 165, Line 25 Page 166, Line 14 through Page 168, Line 22 Page 168, Line 24 through Page 171, Line 7 Page 171, Line 9 through Page 171, Line 14 Page 171, Line 19 through Page 172, Line 14 Page 172, Line 16 through Page 174, Line 13 Page 175, Line 5 through Page 175, Line 15 Page 175, Line 19 through Page 175, Line 23 Page 175, Line 25 through Page 176, Line 1 Page 176, Line 3 through Page 176, Line 19 Page 176, Line 21 through Page 180, Line 21 Page 180, Line 23 through Page 184, Line 2 Page 184, Line 4 Page 184, Line 6 through Page 185, Line 20 Page 185, Line 22 through Page 185, Line 23 Page 185, Line 25 through Page 186, Line 8 Page 186, Line 10 through Page 188, Line 2 Page 188, Line 4 Page 188, Line 6 through Page 188, Line 17 Page 189, Line 1 through Page 190, Line 19 15. From the deposition of Chennekatu Peter, August 29, 2002:

Page 195, Line 6 through Page 195, Line 20 Page 195, Line 24 Page 196, Line 1 through Page 196, Line 14 Page 196, Line 16 through Page 196, Line 19 -19-

Case 1:04-cv-00939-GMS

Document 70-12

Filed 06/28/2006

Page 21 of 57

Page 196, Line 21 Page 196, Line 23 through Page 197, Line 1 Page 197, Line 3 through Page 198, Line 8 Page 198, Line 10 Page 198, Line 12 through Page 199, Line 20 Page 199, Line 22 Page 199, Line 24 Page 200, Line 1 Page 200, Line 3 through Page 201, Line 18 Page 201, Line 20 through Page 202, Line 5 Page 202, Line 9 through Page 202, Line 11 Page 202, Line 13 through Page 204, Line 3 Page 204, Line 5 through Page 206, Line 2 Page 206, Line 9 through Page 206, Line 23 Page 206, Line 25 through Page 207, Line 1 Page 207, Line 3 through Page 209, Line 16 Page 209, Line 18 Page 209, Line 20 through Page 209, Line 22 Page 209, Line 24 through Page 210, Line 5 Page 210, Line 7 through Page 213, Line 4 Page 213, Line 6 through Page 217, Line 21 Page 217, Line 23 through Page 217, Line 24 Page 218, Line 1 through Page 221, Line 21 Page 221, Line 23 through Page 223, Line 16 Page 223, Line 18 through Page 227, Line 8 Page 227, Line 10 through Page 227, Line 14 Page 227, Line 18 through Page 228, Line 5 Page 228, Line 7 Page 228, Line 9 Page 228, Line 11 Page 228, Line 13 through Page 228, Line 14 Page 228, Line 19 through Page 228, Line 20 Page 228, Line 22 through Page 228, Line 24 Page 229, Line 16 through Page 233, Line 7 Page 233, Line 9 through Page 233, Line 10 Page 233, Line 12 through Page 233, Line 15 Page 233, Line 17 Page 233, Line 19 through Page 234, Line 11 Page 234, Line 13 through Page 234, Line 14 Page 234, Line 16 through Page 234, Line 20 Page 234, Line 22 through Page 235, Line 3 Page 235, Line 5 through Page 235, Line 14 Page 235, Line 16 through Page 235, Line 20 Page 235, Line 22 through Page 235, Line 23 Page 235, Line 25 Page 236, Line 11 through Page 239, Line 4

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Case 1:04-cv-00939-GMS

Document 70-12

Filed 06/28/2006

Page 22 of 57

Page 240, Line 3 through Page 247, Line 2 Page 247, Line 4 Page 247, Line 6 through Page 247, Line 12 Page 247, Line 14 through Page 247, Line 22 Page 247, Line 25 through Page 248, Line 2 Page 248, Line 4 through Page 249, Line 3 Page 249, Line 5 through Page 250, Line 11 Page 250, Line 13 through Page 250, Line 21 Page 251, Line 11 through Page 256, Line 4 Page 256, Line 6 through Page 256, Line 9 Page 256, Line 11 through Page 258, Line 6 Page 258, Line 8 Page 258, Line 10 through Page 258, Line 25 Page 259, Line 2 Page 259, Line 4 through Page 261, Line 25 Page 262, Line 2 through Page 262, Line 5 Page 262, Line 7 through Page 264, Line 14 Page 264, Line 16 16. From the deposition of Anthony D. Sabatelli, July 12, 2002:

Page 7, Line 14 through Page 26, Line 4 Page 26, Line 12 through Page 27, Line 1 Page 27, Line 12 through Page38, Line 9 Page 38, Line 14 through Page 39, Line 18 Page 39, Line 24 through Page 40, Line 19 Page 41, Line 8 through Page 45, Line 5 Page 45, Line 10 through Page 46, Line 13 Page 46, Line 15 through Page 52, Line 20 Page 53, Line 1 through Line 11 Page 53, Line 18 through Page 58, Line 14 Page 58, Line 24 through Page 68, Line 6 Page 68, Line 19 through Line 25 Page 69, Line 5 through Line 9 Page 69, Line 20 through Page 72, Line 17 Page 72, Line 25 through Page 74, Line 12 Page 74, Line 16 through Page 76, Line 17 Page 76, Line 21 through Page 77, Line 11 Page 78, Line 6 through Page 82, Line 15 Page 82, Line 23 through Page 84, Line 2 Page 84, Line 9 through Page 87, Line 4 Page 87, Line 11 through Page 88, Line 13 Page 88, Line 15 through Page 93, Line 14 Page 93, Line 17 through Page 94, Line 11 Page 94, Line 13 through Page 96, Line 14 Page 97, Line 1 through Page 100, Line 15 -21-

Case 1:04-cv-00939-GMS

Document 70-12

Filed 06/28/2006

Page 23 of 57

Page 100, Line 18 through Page 101, Line 16 Page 101, Line 23 Page 102, Line 3 through Page 103, Line 24 Page 104, Line 11 through Page107, Line 20 Page 108, Line 20 through Page112, Line 17 Page 112, Line 20 through Page 113, Line 3 Page 113 Line 8 through Line 20 Page 115, Line 13 through Page 118, Line 15 Page 118, Line 22 through Line 23 Page 119, Line 1 through Page 121, Line 12 Page 121, Line 16 through 122, Line 15 Page 122, Line 19 through Page126, Line 8 Page 127, Line 23 through Page 128, Line 17 Page 129, Line 3 through Page 130, Line 11 Page 130, Line 15 through Page131, Line 7 Page 131, Line 15 through Page 133, Line 9 Page134, Line 12 through Line 14 Page 135, Line 9 through Line 21 Page 136, Line 7 through Line 18 Page 136, Line 21 through Page138, Line 20 Page 138, Line 23 through Page 139, Line 12 Page 139, Line 15 through Page141, Line 20 Page 142, Line 1 through Page 143, Line 9 Page 145, Line 25 through Page 146, Line 8 Page 149, Line 10 through Page 150, Line 13 Page 150, Line 22 through Page 153, Line 18 Page 154, Line 1 through Line 24 Page 155, Line 1 through Line 23 Page 155, Line 25 through Page 156, Line 3 Page 156, Line 7 through Page 157, Line 2 Page 157, Line 5 through Line 7 Page 157, Line 13 through Line 25 Page 162, Line 1 through Page 163, Line 2 Page 163, Line 15 through Line 18 Page 164, Line 1 through Line 16 Page 164, Line 19 through Line 21 Page 165, Line 12 through Line 18 Page 165, Line 21 through Page 168, Line 24 Page 169, Line 2 through Line 9 Page 170, Line 12 through Page 172, Line 4 Page 173, Line 19 through Page174, Line 10 Page 174, Line 23 through Page 175, Line 17 Page 176, Line 3 through Line 12 Page 176, Line 14 through Page 177, Line 3 Page 177, Line 8 through Line 24 Page 178, Line 9 through Line 16

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Case 1:04-cv-00939-GMS

Document 70-12

Filed 06/28/2006

Page 24 of 57

Page 178, Line 20 through Line 23 Page 179, Line 2 through Page 179, Line 6 Page 180, Line 6 through Line 16 Page 181, Line 1 Page 181, Line 22 through Page 182, Line 1 Page 182, Line 25 through Page 185, Line 14 Page 185, Line 17 through Page 187, Line 16 Page 188, Line 2 through Page190, Line 14 Page 191, Line 8 through Page 193, Line 22 Page 194, Line 24 through Page 196, Line 20 Page 198, Line 9 through Page 199, Line 4 Page 200, Line 20 through Page 201, Line 21 Page 203, Line 20 through Page 204, Line 2 17. From Day 2 of the deposition of Anthony Sabatelli, September 5, 2002:

Page 213, Line 19 through Page 214, Line 17 Page 214, Line 21 through Page 218, Line 24 Page 219, Line 18 through Line 25 Page 220, Line 4 through Page 228, Line 19 Page 228, Line 22 through Page 231, Line 8 Page 231, Line 19 through Page 233, Line 3 Page 233, Line 23 through Line 25 Page 234, Line 4 through Page 240, Line 8 Page 241, Line 20 through Page 257, Line 7 Page 257, Line 24 through Page 259, Line 24 Page 260, Line 21 through Page 263, Line 25 Page 264, Line 8 through Line 17 Page 264, Line 20 through Page 269, Line 24 Page 270, Line 21 through Page 274, Line 24 Page 275, Line 7 through Page 278, Line 6 Page 279, Line 5 through Page 283, Line 23 Page 284, Line 23 through Page 301, Line 7 Page 302, Line 3 through Page 307, Line 23 Page 308, Line 7 through Page 309, Line 4 Page 309, Line 18 through Page 310, Line 6 Page 310, Line 11 through Page 311, Line 11 Page 312, Line 6 through Page 314, Line 11 Page 314, Line 19 through Page 316, Line 4 Page 316, Line 11 through Page 319, Line 17 Page 320, Line 7 through Page 323, Line 4 Page 324, Line 15 through Page 326, Line 22 Page 327, Line 2 through Page 328, Line 19 Page 329, Line 2 through Page 333, Line 24 Page 334, Line 3 through Page 340, Line 21 Page 348, Line 8 through Line 19

-23-

Case 1:04-cv-00939-GMS

Document 70-12

Filed 06/28/2006

Page 25 of 57

Page 350, Line 3 through Page 351, Line 15 Page 353, Line 4 through Page 354, Line 22 Page 361, Line 20 through Page 362, Line 24 Page 363, Line 20 through Page 367, Line 5 Page 368, Line 2 through Page 369, Line 12 Page 370, Line 4 through Page 374, Line 2 Page 375, Line 5 through Line 20 Page 375, Line 22 through Page 377, Line 16 Page 377, Line 22 through Page 387, Line 9 Page 387, Line 14 through Page 391, Line 5 Page 391, Line 15 through Line 25 Page 392, Line 17 through Page 397, Line 3 18. From the deposition of Arthur C. Santora, II, September 17, 2002:

Page 1, Line 1 through Page 47, Line 6 Page 47, Line 15 through Page 47, Line 20 Page 48, Line 4 through Page 53, Line 3 Page 53, Line 9 through Page 58, Line 19 Page 59, Line 8 through Page 61, Line 21 Page 62, Line 3 through Page 64, Line 19 Page 64, Line 22 through Page 64, Line 23 Page 65, Line 2 through Page 66, Line 3 Page 66, Line 7 through Page 67, Line 25 Page 68, Line 3 Page 68, Line 7 through Page 68, Line 13 Page 68, Line 16 through Page 69, Line 18 Page 70, Line 22 through Page 72, Line 19 Page 74, Line 3 through Page 74, Line 6 Page 74, Line 11 through Pave 77, Line 3 Page 77, Line 15 through Page 79, Line 4 Page 91, Line 4 through Page 95, Line 6 Page 96, Line 19 through Page 103, Line 8 Page 103, Line 11 through Page 105, Line 9 Page 105, Line 22 through Page 108, Line 5 Page 108, Line 10 through Page 110, Line 7 Page 110, Line 11 through Page 110, Line 14 Page 111, Line 23 through Page 115, Line 2 Page 115, Line 24 through Page 118, Line 12 Page 119, Line 8 through Page 121, Line 11 Page 121, Line 17 through Page 124, Line 23 Page 126, Line 2 through Page 127, Line 7 Page 127, Line 15 through Page 136, Line 21 Page 141, Line 22 through Page 148, Line 25 Page 150, Line 7 through Page 178, Line 22 Page 179, Line 3 through Page 179, Line 9 Page 179, Line 14 through Page 179, Line 23 -24-

Case 1:04-cv-00939-GMS

Document 70-12

Filed 06/28/2006

Page 26 of 57

Page 179, Line 25 Page 180, Line 5 through Page 181, Line 25 Page 182, Line 4 through Page 182, Line 7 Page 182, Line 12 through Page 182, Line 23 Page 183, Line 9 through Page 186, Line 22 Page 187, Line 18 through Page 190, Line 7 Page 191, Line 16 through Page 191, Line 23 Page 192, Line 2 through Page 194, Line 20 Page 199, Line 9 through Page 200, Line 7 Page 200, Line 18 through Page 212, Line 24 Page 213, Line 2 Page 213, Line 5 through Page 223, Line 4 Page 223, Line 18 through Page 228, Line 15 Page 229, Line 4 through Page 230, Line 20 Page 231, Line 8 through Page 232, Line 12 Page 233, Line 1 through Page 250, Line 10 Page 251, Line 1 through Page 251, Line 25 Page 253, Line 1 through Page 253, Line 25 19. From the deposition of Arthur C. Santora, II, September 18, 2002:

Page 254, Line 1 through Page 278, Line 9 Page 279, Line 1 through Page 286, Line 5 Page 286, Line 21 through Page 287, Line 13 Page 287, Line 16 through Page 289, Line 22 Page 290, Line 8 through Page 292, Line 25 Page 293, Line 5 through Page 294, Line 19 Page 295, Line 17 through Page 303, Line 14 Page 303, Line 19 through Page 303, Line 22 Page 304, Line 9 through Page 304, Line 19 Page 304, Line 24 through Page 305, Line 4 Page 307, Line 9 through Page 307, Line 11 Page 307, Line 16 through Page 307, Line 25 Page 308, Line 5 through Page 308, Line 14 Page 308, Line 19 through Page 309, Line 17 Page 309, Line 21 through Page 310, Line 6 Page 310, Line 10 through Page 310, Line 12 Page 310, Line 16 through Page 310, Line 25 Page 311, Line 7 through Page 311, Line 10 Page 311, Line 15 through Page 311, Line 23 Page 312, Line 5 through Page 312, Line 11 Page 312, Line 15 through Page 312, Line 18 Page 313, Line 6 through Page 313, Line 10 Page 316, Line 21 through Page 319, Line 25 Page 320, Line 19 through Page 320, Line 22 Page 320, Line 24 through Page 322, Line 4

-25-

Case 1:04-cv-00939-GMS

Document 70-12

Filed 06/28/2006

Page 27 of 57

Page 322, Line 7 through Page 325, Line 21 Page 326, Line 14 through Page 327, Line 9 Page 327, Line 12 through Page 327, Line 21 Page 327, Line 24 through Page 329, Line 11 Page 329, Line 25 through Page 330, Line 15 Page 332, Line 18 through Page 334, Line 11 Page 335, Line7 through Page 338, Line 6 Page 338, Line 20 through Page 346, Line 13 Page 347, Line 2 through Page 347, Line 10 Page 347, Line 20 through Page 348, Line 19 Page 349, Line 15 through Page 358, Line 7 Page 358, Line 14 through Page 359, Line 19 Page 360, Line 13 through age 386, Line 7 Page 386, Line 14 through Page 387, Line 23 Page 388, Line 2 through Page 388, Line 12 Page 388, Line 18 through Page 404, Line 20 Page 406, Line 7 through Page 445, Line 20 Page 445, Line 23 through Page 450, Line 4 Page 450, Line 24 through Page 476, Line 7 Page 476, Line 10 through Page 476, Line 17 Page 476, Line 20 through Page 476, Line 21 Page 476, Line 23 through Page 477, Line 2 Page 477, Line 5 through Page 477, Line 15 Page 478, Line 9 through Page 478, Line 16 Page 478, Line 19 through Page 479, Line 5 Page 479, Line 8 through Page 479, Line 20 Page 479, Line 22 Page 481, Line 1 through Page 481, Line 25 Page 483, Line 1 through Page 483, Line 25 20. From the deposition of Louis M. Sherwood, June 26, 2002:

Page 1, Line 1 through Page 7, Line 5 Page 7, Line 12 through Page 9, Line 6 Page 9, Line 12 through Page 12, Line 7 Page 12, Line 9 through Page 12, Line 16 Page 12, Line 18 through Page 13, Line 4 Page 13, Line 13 through Page 13, Line 18 Page 13, Line 22 through Page 14, Line 16 Page 14, Line 19 through Page 15, Line 20 Page 15, Line 23 through Page 16, Line 3 Page 16, Line 6 through Page 17, Line 8 Page 17, Line 16 through Page 18, Line 14 Page 18, Line 20 through Page 18, Line 22 Page 19, Line 19 through Page 23, Line 12 Page 23, Line 15 through Page 24, Line 3 Page 24, Line 6 through Page 24, Line 13 -26-

Case 1:04-cv-00939-GMS

Document 70-12

Filed 06/28/2006

Page 28 of 57

Page 24, Line 16 through Page 24, Line 18 Page 24, Line 22 through Page 25, Line 17 Page 25, Line 23 through Page 26, Line 28 Page 26, Line 12 through Page 26, Line 22 Page 26, Line 25 through Page 27, Line 22 Page 27, Line 25 through Page 28, Line 10 Page 28, Line 17 through Page 29, Line 8 Page 29, Line 10 through Page 29, Line 19 Page 29, Line 24 through Page 32, Line 8 Page 32, Line 11 through Page 32, Line 12 Page 32, Line 15 through Page 32, Line 20 Page 32, Line 23 Page 32, Line 25 through Page 33, Line 3 Page 33, Line 6 through Page 33, Line 9 Page 33, Line 13 through Page 34, Line 23 Page 34, Line 25 through Page 35, Line 20 Page 35, Line 23 through Page 37, Line 4 Page 37, Line 11 through Page 39, Line 16 Page 39, Line 19 through Page 39, Line 25 Page 40, Line 4 through Page 40, Line 14 Page 40, Line 17 through Page 40, Line 18 Page 40, Line 22 through Page 41, Line 16 Page 42, Line 3 through Page 42, Line 6 Page 42, Line 9 through Page 44, Line 16 Page 44, Line 19 through Page 44, Line 23 Page 45, Line 2 through Page 45, Line 15 Page 46, Line 15 through Page 47, Line 3 Page 47, Line 6 through Page 48, Line 23 Page 49, Line 2 through Page 49, Line 12 Page 49, Line 20 through Page 49, Line 25 Page 50, Line 2 through Page 50, Line 22 Page 51, Line 6 through Page 52, Line 11 Page 52, Line 15 through Page 52, Line 20 Page 53, Line 14 through Page 54, Line 17 Page 54, Line 20 through Page 55, Line 2 Page 55, Line 5 through Page 56, Line 3 Page 56, Line 6 through Page 56, Line 16 Page 56, Line 22 through Page 58, Line 18 Page 58, Line 21 through Page 65, Line 11 Page 65, Line 14 through Page 68, Line 18 Page 68, Line 21 through Page 73, Line 10 Page 73, Line 18 through Page 74, Line 18 Page 74, Line 23 through Page 75, Line 14 Page 75, Line 17 through Page 75, Line 25 Page 76, Line 4 through Page 76, Line 13 Page 76, Line 24 through Page 78, Line 6

-27-

Case 1:04-cv-00939-GMS

Document 70-12

Filed 06/28/2006

Page 29 of 57

Page 78, Line 8 through Page 78, Line 19 Page 79, Line 3 through Page 79, Line 8 Page 79, Line 12 through Page 80, Line 8 Page 80, Line 11 Page 80, Line 18 through Page 83, Line 25 Page 84, Line 5 through Page 84, Line 8 Page 84, Line 11 through Page 85, Line 6 Page 86, Line 21 through Page 88, Line 7 Page 88, Line 11 through Page 88, Line 16 Page 89, Line 4 through Page 89, Line 6 Page 89, Line 16 through Page 89, Line 25 Page 90, Line 5 through Page 91, Line 12 Page 91, Line 24 through Page 92, Line 12 Page 92, Line 15 through Page 93, Line 2 Page 94, Line 20 through Page 96, Line 11 Page 96, Line 14 through Page 98, Line 22 Page 100, Line 2 through Page 100, Line 8 Page 100, Line 12 through Page 102, Line 5 Page 102, Line 13 through Page 102, Line 19 Page 103, Line 19 through Page 104, Line 14 Page 104, Line 17 through Page 104, Line 21 Page 105, Line 13 through Page 105, Line 22 Page 105, Line 24 through Page 106, Line 19 Page 107, Line 3 through Page 107, Line 6 Page 107, Line 9 through Page 107, Line 12 Page 108, Line 3 through Page 108, Line 9 Page 108, Line 16 through Page 109, Line 7 Page 109, Line 12 through Page 110, Line 12 Page 110, Line 19 through Page 112, Line 2 Page 112, Line 18 through Page 113, Line 19 Page 113, Line 22 through Page 115, Line 13 Page 115, Line 16 through Page 117, Line 21 Page 117, Line 24 through Page 118, Line 11 Page 118, Line 14 through Page 118, Line 18 Page 118, Line 23 through Page 118, Line 25 Page 119, Line 3 through Page 120, Line 11 Page 120, Line 14 through Page 121, Line 24 Page 122, Line 3 through Page 123, Line 19 Page 124, Line 4 through Page 124, Line 19 Page 124, Line 22 through 125, Line 8 Page 125, Line 10 through Page 125, Line 23 Page 125, Line 25 through Page 126, Line 21 Page 126, Line 21 through Page 127, Line 10 Page 127, Line 13 through Page 127, Line 24 Page 128, Line 3 through Page 128, Line 12 Page 128, Line 15 through Page 128, Line 19

-28-

Case 1:04-cv-00939-GMS

Document 70-12

Filed 06/28/2006

Page 30 of 57

Page 128, Line 21 through Page 129, Line 3 Page 129, Line 6 through Page 130, Line 4 Page 130, Line 17 through Page 132, Line 8 Page 132, Line 14 through Page 132, Line 23 Page 133, Line 3 through Page 135, Line 9 Page 135, Line 13 through Page 136, Line 5 Page 136, Line 17 through Page 141, Line 15 Page 141, Line 18 through Page 142, Line 8 Page 142, Line 11 through Page 142, Line 16 Page 142, Line 19 through Page 143, Line 7 Page 143, Line 10 through Page 143, Line 16 Page 143, Line 19 through Page 143, Line 21 Page 143, Line 24 Page 144, Line 2 through Page 146, Line 2 Page 146, Line 4 through Page 147, Line 17 Page 147, Line 20 through Page 152, Line 18 Page 152, Line 21 through Page 155, Line 5 Page 155, Line 8 through Page 155, Line 24 Page 156, Line 3 through Page 156, Line 18 Page 156, Line 20 through Page 157, Line 3 Page 157, Line 7 through Page 158, Line 23 Page 159, Line 2 through Page 159, Line 7 Page 159, Line 10 through Page 159, Line 12 Page 159, Line 14 through Page 159, Line 23 Page 160, Line 6 through Page 160, Line 8 Page 160, Line 19 through Page 165, Line 13 Page 165, Line 24 through Page 166, Line 3 Page 166, Line 3 through Page 167, Line 18 Page 167, Line 21 through Page 169, Line 7 Page 169, Line 10 through Page 169, Line 17 Page 169, Line 25 through Page 170, Line 2 Page 170, Line 5 Page 170, Line 13 through Page 170, Line 19 Page 170, Line 22 Page 171, Line 9 through Page 173, Line 20 Page 173, Line 23 through Page 176, Line 20 Page 177, Line 4 through Page 177, Line 13 Page 177, Line 19 through Page 179, Line 24 Page 180, Line 3 through Page 180, Line 11 Page 180, Line 14 through Page 204, Line 13 Page 204, Line 18 through Page 205, Line 2 Page 205, Line 13 through Page 205, Line 17 Page 205, Line 22 through Page 208, Line 17 Page 209, Line 7 through Page 209, Line 16 Page 209, Line 19 through Page 210, Line 13 Page 210, Line 16 through Page 211, Line 16

-29-

Case 1:04-cv-00939-GMS

Document 70-12

Filed 06/28/2006

Page 31 of 57

Page 211, Line 19 through Page 212, Line 4 Page 212, Line 7 through Page 212, Line 14 Page 212, Line 17 through Page 212, Line 24 Page 213, Line 3 through Page 213, Line 6 Page 213, Line 9 through Page 213, Line 13 Page 214, Line 2 through Page 214, Line 12 Page 214, Line 16 through Page 215, Line 9 Page 215, Line 11 through Page 216, Line 23 Page 217, Line 2 through Page 218, Line 4 Page 218, Line 7 through Page 223, Line 7 Page 223, Line 23 through Page 225, Line 24 Page 226, Line 3 through Page 231, Line 22 Page 231, Line 25 through Page 233, Line 11 Page 233, Line 14 through Page 235, Line 8 Page 235, Line 11 through Page 237, Line 19 Page 237, Line 22 through Page 238, Line 2 Page 238, Line 5 through Page 238, Line 15 Page 238, Line 18 through Page 239, Line 2 Page 239, Line 5 through Page 239, Line 13 Page 239, Line 21 through Page 240, Line 3 Page 243, Line 1 through Page 244, Line 25 21. From the deposition of David Weissburg, August 14, 2002:

Page 1, Line 1 through Page 5, Line 17 Page 5, Line 23 through Page 6, Line 13 Page 6, Line 23 through Page 8, Line 15 Page 8, Line 20 through Page 13, Line 12 Page 13, Line 15 Page 13, Line 17 through Page 15, Line 16 Page 15, Line 21 through Page 15, Line 24 Page 16, Line 5 through Page 17, Line 14 Page 17, Line 17 through Page 18, Line 7 Page 18, Line 13 through Page 19, Line 5 Page 19, Line 12 through Page 20, Line 6 Page 20, Line 9 through Page 26, Line 22 Page 26, Line 25 Page 27, Line 2 through Page 27, Line 12 Page 27, Line 15 through Page 29, Line 22 Page 29, Line 24 through Page 32, Line 6 Page 32, Line 10 through Page 33, Line 14 Page 33, Line 17 through Page 33, Line 24 Page 34, Line 1 through Page 34, Line 3 Page 34, Line 6 through Page 34, Line 12 Page 34, Line 14 through Page 34, Line 19 Page 34, Line 24 through Page 35, Line 9 Page 35, Line 14 through Page 36, Line 11 -30-

Case 1:04-cv-00939-GMS

Document 70-12

Filed 06/28/2006

Page 32 of 57

Page 36, Line 15 through Page 37, Line 22 Page 38, Line 9 through Page 38, Line 17 Page 38, Line 20 through Page 39, Line 6 Page 39, Line 11 through Page 39, Line 17 Page 39, Line 20 through Page 39, Line 24 Page 40, Line 1 though Page 40, Line 15 Page 40, Line 20 through Page 40, Line 22 Page 40, Line 25 Page 41, Line 2 through Page 42, Line 20 Page 42, Line 23 through Page 43, Line 4 Page 43, Line 6 through Page 43, Line 19 Page 43, Line 22 Page 43, Line 24 through Page 43, Line 25 Page 44, Line 3 Page 44, Line 5 through Page 44, Line 16 Page 59, Line 20 through Page 61, Line 1 Page 63, Line 22 through Page 64, Line 15 Page 69, Line 8 through Page 69, Line 19 Page 74, Line 1 through Page 75, Line 25 . 22. From the deposition of John Yates, January 18, 2006:

Page 3, Line 14 through Page 3, Line 16 Page 4, Line 6 through Page 4, Line 12 Page 5, Line 15 through Page 5, Line 20 Page 7, Line 5 through Page 7, Line 11 Page 9, Line 23 through Page 10, Line 1 Page 10, Line 5 through Page 12, Line 10 Page 13, Line 22 through Page 14, Line 9 Page 14, Line 19 through Page 19, Line 16 Page 19, Line 19 through Page 20, Line 6 Page 27, Line 6 through Page 28, Line 7 Page 28, Line 15 through Page 30,Line 14 Page 31, Line 1 through Page 32, Line 10 Page 32, Line 21 through Page 33, Line 8 Page 34, Line 1 through Page 34, Line 4 Page 34, Line 8 through Page 34, Line 15 Page 34, Line 19 through Page 36, Line 22 Page 37, Line 2 through Page 39 Line 2 Page 39, Line 6 through Page 41, Line 8 Page 41, Line 12 through Page 44, Line 3 Page 44 Line 9 through Page 44, Line 16 Page 44, Line 18 through Page 45, Line 11 Page 48, Line 5 through Page 48, Line 19 23. From the deposition of John Yates, September 11, 2002: -31-

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Page 1, Line 1 through Page 8, Line 22 Page 10, Line 8 through Page14, Line 5 Page 15, Line 13 through Page 19, Line 15 Page 24, Line 1 through Page 48, Line 19 Page 48, Line 24 through Page 50, Line 3 Page 50, Line 12 through Page 53, Line 9 Page 53, Line 16 through Page 57, Line 3 Page 64, Line 24 through Page 65, Line 16 Page 71, Line 22 through Page 73, Line 9 Page 74, Line 7 through Page 74, Line 21 Page 79, Line 21 through Page 81, Line 8 Page 86, Line 12 through Page 86, Line 16 Page 94, Line 13, through Page 95, Line 4 Page 95, Line 19 through Page 95, Line 23 Page 102, Line 7 through Page 103, Line 6 Page 106, Line 14 through Page 107, Line 3 Page 113, Line 10 through Page 113, Line 24 Page 118, Line 19 through Page 119, Line 5 Page 120, Line 5 through Page 120 Line 10 Page 124, Line 3 through Page 124, Line 13 Page 127, Line 9 through Page 128, Line 20 Page 130, Line 10 through Page 133, Line 20 Page 134, Line 10 through Page 134, Line 24 Page 136, Line 3 through Page 138, Line 7 Page 141, Line 5 through Page 142, Line 8 Page 142, Line 22 through Page 142, Line 24 Page 147, Line10 through Page 148, Line 18 Page 151, Line 5 through Page 151, Line 25 Page 152, Line 19 through Page 161, Line 3 Page 162, Line 2 through Page 163, Line 10 Page 163, Line 19 through Page 164, Line 3 Page 175, Line 20 through Page 188, Line 4 Page 188, Line 29 through Page 194, Line 7 Page 195, Line 18 through Page 196, Line 13 Page 199, Line 8 through Page 200, Line 10 Page 201, Line 6 through Page 203, Line 12 Page 205, Line 21 through Page 206, Line 17 Page 208, Line 15 through Page 213, Line 12 Page 216, Line 18 through Page 217, Line 21 24. From the deposition of John Yates, October 3, 2002:

Page 1, Line 1 through Page 2, Line 25 Page 8, Line 11 through Page 16, Line 20 Page 17, Line 13 through Page 21, Line 5 Page 25, Line 15 through Page 30, Line 33

-32-

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Page 34, Line 7 through Page 35, Line 20 Page 36, Line 23 through Page 44, Line 5 Page 44, Line 14 through Page 51, Line 17 Page 54, Line 25 through Page 61, Line 23 Page 62, Line 16 through Page 68, Line 9 Page 73, Line 3 through Page 76, Line 3 Page 78, Line 22 through Page 80, Line 4 Page 81, Line 3 through Page 82, Line 23 Page 83, Line 25 through Page 92, Line 9 Page 92, Line 22 through Page 100, Line 13 Page 101, Line 22 through Page 101, Line 25 Page 102, Line 5 through Page 102, Line 11 Page 105, Line 9 through Page 105, Line 15 Page 106 Line 24 through Page 107, Line 2 Page 116, Line 14 through Page 124, Line 3 Page 129, Line 14 through Page 130, Line 3 Page 130, Line 8 through Page 130, Line 13 Page 130, Line 22 through Page 138, Line 15 Page 138, Line 21 through Page 139, Line 8 Page 139, Line 12 through Page 140, Line 19 Page 140, Line 21 through Page 145, Line 8 Page 145, Line 13 through Page 147, Line 10 Page 147, Line 16 through Page 147, Line 22 Page 148, Line 10 through Page 155, Line 11 Page 157, Line 14 through Page 159, Line 23 Page 160, Line 10 through Page 162, Line 4 Page 166, Line 3 through Page 166, Line 13 Page 169, Line 5 through Page 169, Line 23 Page 170, Line 4 through Page 170, Line 14 Page 175, Line 6 through Page 190, Line 1 Page 190, Line 5 through Page 192, Line 12 Page 192, Line 20 through Page 206, Line 7 Page 206, Line 24 through Page 209, Line 3 Page 209, Line 18 through Page 223, Line 5 Page 223, Line 12 through Page 226, Line 14 Page 226, Line 19 through Page 227, Line 2 Page 227, Line 6 through Page 227, Line 13 Page 227, Line 16 through Page 230, Line 11 Page 230, Line 17 through Page 233, Line 10 Page 233, Line 14 through Page 239, Line 14 Page 240, Line 7 through Page 240, Line 9 Page 240 Line 21 through Page 245, Line 12

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EXHIBIT 9
MERCK'S OBJECTIONS AND COUNTER-DESIGNATIONS TO TEVA'S AFFIRMATIVE DEPOSITION DESIGNATIONS

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EXHIBIT 9 MERCK'S OBJECTIONS AND COUNTER DESIGNATIONS TO TEVA'S AFFIRMATIVE DEPOSITION DESIGNATIONS A= C= D= E= H= I= L= M= O= N= Priv = R= U= V= argumentative (Rule 611(a)) compound question (Rule 611) asked and answered calls for expert opinion from a lay witness or from an individual that has not been identified as an expert in this action (Rule 701) hearsay (Rule 801/802) incomplete (answer w/o a question or question w/o an answer) lack of personal knowledge (Rule 602) leading question (Rule 611(c)) includes objection from attorney at deposition or attorney colloquy lack of foundation (Rule 611(a)) privileged relevancy (lack of) (Rule 401/402) unfairly prejudicial (Rule 403) vague or ambiguous (Rule 611 (a))

From the deposition of Robert Beckman, July 23, 2002: Page 5 19 20 32 41 Line 8 12 6 7 21 Page 8 19 21 35 43 Line 3 23 10 23 3 Obj

H L,E C

Counter Designations: none From the deposition of Peter Browne, September 18, 2002:

1. Peter Browne (9/18/02)
Objections: Page 45, Line 8 - Page 46, Line 17 (L) Page 47, Line 11 - Page 47, Line 20 (L) Page 54, Line 10 - Page 56, Line 12 (L) Page 56, Line 13 - Page 57, Line 1 (R) Page 60, Line 2 - Page 61, Line 21 (L) Page 66, Line 13 - Page 66, Line 14 (I) Counter Designations: none

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From the deposition of Karen F. Clark, December 21, 2005: Page 5 6 7 7 7 8 8 9 10 11 12 12 13 14 14 15 16 16 17 18 19 20 21 22 22 24 25 26 26 27 29 30 30 31 33 36 36 38 38 40 41 41 Line 11 13 5 20 25 12 16 7 24 24 7 23 2 3 16 7 12 20 14 6 15 21 24 13 22 8 22 14 23 16 19 4 14 4 25 18 24 4 16 17 4 14 Page 6 7 7 7 8 8 9 9 11 12 12 12 13 14 14 15 16 17 18 18 20 21 22 22 23 25 25 26 27 29 30 30 31 32 35 36 37 38 39 40 41 42 Line 5 2 18 22 9 13 2 23 20 2 8 24 18 14 25 12 13 6 4 10 9 9 9 19 6 11 25 20 2 17 2 12 2 24 22 22 9 12 10 25 5 16 -2Obj.

O

H, L H, L H, L H, L H

N R O, R, I H R

H, N, L V V, C V H H C H, V H

H, V

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Page 42 43 43 44 45 46 48 49 49 50 50 50 52 52 53 54 55 56 56 59 60 60 61 63 63 64 64 65 65 66 66 69 72 72 73 75 75 78 80 81

Line 18 6 14 8 18 17 4 5 16 5 10 20 3 25 16 18 13 5 25 19 2 9 18 9 18 2 13 2 24 8 25 2 2 12 2 10 25 23 14 10

-

Page 42 43 43 45 45 47 48 49 49 50 50 51 52 53 53 54 55 56 57 59 60 90 62 63 63 64 64 65 66 66 67 69 72 72 75 75 76 80 80 81

Line 24 8 18 16 24 23 7 14 21 8 17 13 5 6 19 25 18 14 15 24 7 25 11 16 24 2 17 22 3 14 6 6 7 15 3 23 8 12 21 16

Obj. H H H, C, V H I H H V

H V, C V, C H I, C, V C, V C, V N, L N, L C, V L, N C, V O, C, V, L O, R. V, C H, C, V H

-3-

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Counter Designations: Page 11 17 20 35 46 48 57 Line 18 7 21 23 24 8 21 Page 23 13 22 36 47 49 59 Line

2 17 2