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by San Francisco. That was part of our written
agreement with Lincoln.

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Q.

(BY MR. GALLAGHER) Was that in fact how matters progressed after May 20th, 1988?

MR. MCALEER: Objection.

MR.

MURPHY: I'm going to object on the grounds that questions of this sort have nothing to do with this litigation. We are at the point now where Mr. Gray has left almost a year ago; Mr. Black is in San Francisco. The other two defendants, so far as I'm aware, are not even on

the scene.

What all of this has to do with this
litigation is beyond me, and I object to it.
MR. MCALEER: I would further like to add
to Mr. Murphy's comments that I believe the
question is vague. I also believe you have not
laid an adequate foundation with this witness to
respond to that question.

Q. (BY MR. GALLAGHER) Was that in fact
how matters progressed without the involvement of
San Francisco?

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A. To the best of my recollection

knowledge, yes.

2. Do you know what Mr. Black's role was
with regard to Lincoln after May 20th, 1988?
A. I don't believe he had any role until
after the conservatorship.

Q. So as far as you know after May 20th,
1988, Mr. Black had nothing further to do with
the Lincoln exam until the conservatorship, april

14th, 1989?

A. That's right.

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Stewart, that after these documents were executed

on May 20th, 1988, your active involvement at

My active involvement ceased. I

continued to be consulted or to get involved
peripherally as the new exam was under way.

Q. Did you review materials, things of

any instance after May 20th, 1988, where anyone

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DEPOSITION OF ROSEMARY STEWART VOL. II

on behalf of Lincoln expressed concerns about
Kevin O'Connell being involved in the Lincoln
exam?

MR. MURPHY: Objection; that has nothing to

do with this litigation.

MR. GALLAGHER: It sure does, Jin; it is in the Complaint.

MR. MURPHY: Well, it may be in the

Complaint, but it has nothing to do with the four defendants, unless you can tie in one or more of

conspiracy claim that I think gives me a right to find out what the big picture was. And Judge

Bilby has said that Ms. Stewart's deposition will

progress as a normal deposition without the

limitations that have been imposed on Mr.

Dochow's deposition, and presumably other party
defendants'.

And I think I have a right to at least

find out whether or not she is aware of this kind

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DEPOSITION OF ROSEMARY STEWART VOL. II

of complaint, and if anything was done about it.

That's all I have asked her.

MR. MURPHY : I object to it. That portion

of the Complaint has been dismissed.

It is not

relevant to the four people who are defendants in

this case.

If you can tie one or more of those defendants to the question that you have asked, then I might, I would withdraw my objection. But unless and until, I must persist.

MR. MCALEER: I would like to state for the record that I object to counsel's attempt under the pretense of a vague conspiracy count

involving, as I understand the allegation, Mr.
Black and Mr. Gray abusing discovery in this
action and attempting to say that all flows from
that vague conspiracy count.

Notwithstanding counsel's comment, I

don't believe that Judge Bilby has permitted such an abuse of discovery. and I would object to counsel's attempt to justify everything on that

basis.

that?

Q. (BY MR. GALLAGHER) Have you ever heard

A. I recall the complaint being made.

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happened.

A. Darrell Dochow asked my advice about whether he should, what he should do in regard to

this complaint.

Q. What did you tell him?

A. I told him I did not believe he should
take Mr. O'Connell off the examination, he was
too valuable.

Q. At that point in tine, presumably Mr.
Dochow knew that Kevin O'Connell was Bill

O'Connell's son?

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knows, and a continuing objection to this line of

inquiry.

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