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Case 1:02-cv-01977-RPM

Document 96-2

Filed 05/23/2006
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AGRENaBLANDO COURT REPORTING

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO CASE NO. 02-CV-01977-RPM (CIVIL ACTION NO. 02-CV-01978-RPM)

DEPOSITION OF GARY J. DORMAN
A p r i l 25,
2006

SPA UNIVERSAIRE, VACATION TAN

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TRAVEL, DOUGLAS

CHEESMAN, CARL LESHER, ROXANNE LEWIS, DENNIS LINDEMAN, DOUG MACKEY, LORI R. VALDEZ, and KENT FITZGERALD, individually and on Behalf of All Others Similarly Situated, plaintiffs,
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QWEST COMMUNICATIONS INTERNATIONAL INC. and QWEST CORPORATION, Defendants.

APPEARANCES:

KIRBY McINERNEY & SQUIRE, LLP B y Randall K. Berger, Esq. 830 ~ h i r dAvenue New Yoxk, New Yoxk 10022 Appearing on behalf of Plaintiffs.

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COLORADO S P R I N G S (719) 635-8328

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Case 1:02-cv-01977-RPM

Document 96-2

Filed 05/23/2006
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Page 2 of 2

AGREN-BLAND0 COURT REPORTING
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of their facilities in any of these eight states that they anywhere subscribe to local exchange service, that's your representation, that large corporations are not members of the class, then I would -- I'd take that under advisement. Q Is it your understanding that there are important differences between the individual-named plaintiffs and Boeing to the extent that Boeing has obtained local exchange services through twisted-pair circuit-switched facilities owned by Qwest? A I don't understand the question. Q Well -A Are you asking me if Spa Universaire is very similar to Boeing if Boeing were to buy twisted-pair local exchange service at one of its facilities? Q Are there important differences? A I believe so. Q When you said that the plaintiffs' proposed class had extraordinary breadth, were you referring to the proposed class that plaintiffs served on Qwest on October 11th of last year? A Yes. Q And that proposed class definition
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MR. TI-IEIS: Object to the foim, assuming tautology. MR. BERGER: Yes, you're right. Let me withdraw that. Q (By Mr. Berger) Does the opinion in your report assume a proposed class that includes areas that are not, in your words, Qwest territory? A Yes, based on the plaintiffs' October 11, 2005 filing. Q Now, Dr. Hayes' report makes clear that the proposed class is limited to Qwest's territoly, right? MR. THEIS: Object to the form. It mischaracterizes. A Could you read that back again, please? Q (By Mr. Berger) Dr. Hayes' report makes clear that the proposed class in this case is limited to Qwest teuitory as he understands it, right? A slight change to my question before. MR. THEE: Same objection, A I'm puzzled by what you're asking. Are you askng me to assume that Dr. Hayes' report supersedes the filing of the plaintiffs' statement of class definition that you signed and filed with the Court on October 11,20051
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includes subclasses; does it not? A Yes. It's my understanding that it includes eight subclasses. Q Ald did you have in mind that the class -A Excuse me. That's my understanding. It's apparently not Dr. Hayes' understanding. Q Did you understand, when you use the word "extraordinary breadth," that the class was confined to geographic areas where Qwest owns the twisted-pair wires? A That's not my understanding from reading the plaintiffs' filing on October 11, 2005. Q So when you said "extraordinary breadth," you were includiilg all the different areas that you perceive where Qwest does not own the twisted-pair wires; is that right? A Yes, but that -- the fact, if it is a fact, that plaintiffs are changing their class definition to only include Qwest territory would not change my characterization of extraordinary breadth. Q Well, if you assumed that the class that you were looking at in your report ii~cluded areas where Qwest didn't own the twisted-pair wires, does that mean your opinion in the report also presumes

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Q (By Mr. Berger) I would like you to focus on my question, please. I didn't ask for an assumption. I didn't ask for information about the filing. Was it clear from Dr. Hayes' report that he was addressing a proposed class that was limited to Qwest's territory? A Yes. Q Now, your report says that you met with Qwest employees in preparation for writing the report; am I right? A Yes. Q How many Qwest employees did you meet with? A Perhaps two dozen or so. Q Over what period of time? A Aday. Q Is that a day each or a day in the aggregate? A One day in the aggregate. Q What were the names of those employees? A I don't know. Q What information did you get from those

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DENVER (303) 296-0017

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COLORADO SPRINGS (719) 635-8328

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GREELEY (970) 356-3306 30216980-014c-4682-bOc0-adfa881d9863