DEPOSITION OF ROSEMARY STEWART VOL. II 1 2 And I might say, Mike, that if it continues, I think either we will, you ought to 3 move on to something else, because I'm going to be instructing the witness not to answer. 5 6 I think this really does go beyond the pale of this case. 7 MR. MCALEER: I would like to note my 10 11 12 agreement with Mr. Murphy's remarks. MR. GALLAGHER: Although I don't have many 282 nore, I'm going to try a couple more. We can call the Judge or do whatever we want to do. Q. (BY MR. GALLAGHER) Are you aware that Mr. Wall told representatives of Lincoln that Mr. O'Connell would be taken off of the exam? THE WITNESS: I was with Mr. Wall when he DEPOSITION OF ROSEMARY STEWART VOL. II Darrell Dochow had already decided to take Mr. O'Connell off the exan. It was not a promise, it was a statement of what he thought Mr. Dochow had already decided to do. I spoke with Mr. Dochow immediately after that. This was the conversation that I 2. Did Mr. Wall not also say that, "If he 11 12 13 14 15 16 17 18 THE WITNESS : He did not. Q. (BY MR. GALLAGHER) Okay. Who else was present at that meeting besides you, Mr. Wall and Mr. Keating? 19 20 A. I believe that was all. There may have been one other Lincoln representative. I believe 22 23 24 25 Q. Did you have any involvement with the attempted sales, the attempted, yes, the attempted sale of Lincoln Savings, commencing around January 1989? STICKLEY & SCHUTZMAN, INC. 283 3 because I think Jim is about to object, too. There is a damage claim in this. One 5 of our allegations is that the conduct complained 6 7 of in the Complaint resulted in damage to There are specific allegations that the sales did not commence because of conduct of the defendants. And that's the purpose for the I forget what you, if you answered or MR. MURPHY: Mr. Gallagher's quite right: I am going to object to this line of 9 10 questioning. 13 14 15 16 17 18 19 20 21 22 23 24 25 And so far as I have been able to determine, Mr. Gallagher has not tied any of this to any of the defendants in the case. MR. GALLAGHER: Well, I haven't tied it yet because I haven't done my discovery on it. But it's also an allegation that it's part of the overall vendetta that we complained of in the Complaint. MR. MURPHY: By who? By whom? Are you claiming Mr. Black and Mr. Gray were involved in STICKLEY & SCHUTZMAN, INC. DEPOSITION OF ROSEMARY STEWART VOL. II 1 this? 2 3 5 MR. GALLAGHER: I don't know. I'm trying to find out if Mr. Dochow for example or Mr. Black, I'm asking- MR. MURPHY : If you ask a question 6 specifically as to the defendants, I will have no objection. MR. GALLAGHER : Well, I'm laying the foundation to find out if she was involved, first. NR. MURPHY: I would simply say that I urge you to ask the questions with respect to the defendants, rather than the broad inquiry in which you have been engaged this morning. MR. MCALEER: In addition to Mr. Murphy's remarks, I would also like to object and state that the question presumes facts with respect to which you have not laid a proper foundation that this witness has any knowledge or talked about her involvement; you have not laid the foundation. MR. GALLAGHER : That's the question I asked that I got cut off on. asked. MR. MCALEER : No, it was not the question STICKLEY & SCHUTZMAN, INC. 285 DEPOSITION OF ROSEMARY STEWART VOL. II 286 Q. (BY MR. GALLAGHER) Did you have any THE WITNESS : I was informed about the various sale offers. I was not ever in a 18 MR. MCALEER : Objection. THE WITNESS: The person who described the various sale offers to me was always Al Sauzynski. Q. (BY MR. GALLAGHER) Who worked for Mr. STICKLEY & SCHUTZMAN, INC. |