DEPOSITION OF ROSEMARY STEWART VOL. II 1 Lincoln, correct? A. Yes. And we prepared these particular minutes only with regard to Lincoln discussions. Throughout this same period of time, there are other minutes related to other topics. Q. What percentage of your time in 1988, MR. MURPHY: By ERC, by Enforcement Review committee deliberations or in the meetings? Q. (BY MR. GALLAGHER) The Enforcement Review Committee did things other than just meet, right? A. Yes. We acted on notational voting 12 13 14 15 16 17 18 items. 19 20 21 Q. I'm talking about all of your effort, all of the Enforcement Review Committee's efforts during '88, whatever they might have been, 22 whether in or out of meetings, I would like to 23 24 25 MR. MURPHY: know, if you can estimate for me, what percentage STICKLEY & SCHUTZMAN, INC. 268 DEPOSITION OF ROSEMARY STEWART VOL. II 1 the fact that the people on these committees had 2 a lot of other duties besides the Enforcement Review Committee, and if you are asking what Batters, seens to me impossible for Ms. Stewart If what you are saying is how much of the total ERC's meeting time was spent on Lincoln matters, I can understand that question, and I think Ms. Stewart might be able to understand it. Q. (BY MR. GALLAGHER) Well, I will start with that one. of all the meetings you had, what I would say that half of the committee's time was Batters. Q. Now does your answer go only to meeting time or does it go to overall time? A. Meeting time. Q. Are you able to give me any estimate as to overall ERC efforts and what percentage of those were devoted to Lincoln as opposed to other Batters? STICKLEY & SCHUTZMAN, INC. 269 6 10 11 MR. MURPHY: I'm going to object for the same reason I said before; I mean Q. (BY MR. GALLAGHER) if you can do it or not. - I just don't know MR. MURPHY: I mean, your latter question just starts talking about individuals on the committee. It's not like the committee is always acting. These people have a lot of different duties, one of which is being on the committee. Jin, if she doesn't know, I presume she is going to tell me that. NR. GALLAGHER: Right. She may know. I don't know. THE WITNESS: I don't believe I can answer that. Between January and May, this took a considerable amount of our meeting time. I mean we considered this to be a big, significant 12 13 14 15 16 17 18 Batter. 19 20 21 Throughout that time, I continued to give notational voting items to the members. Let me Q. (BY MR. GALLAGHER) All right. personal time in 1988, as the director of OE, did STICKLEY & SCHUTZMAN, INC. 222 22 23 7 Your involvement, direct involvement with Lincoln actually ended, as I understand it, in the fall of '88? A. My active involvement in terms of taking any time ended the end of May 1988 with the execution of the agreement. Q. And by the agreement we are talking about the MOU, the agreement and the side letter? Supervisory agreement, memorandum of understanding and the side letter, all dated May 20th, 1989. A. Q. What percentage of your time from you estimate was spent on Lincoln? time. A. Again a wild guess: 20 percent of my Q. What exactly was your group, the office of Enforcement, doing to pursue the cease and desist that you had decided to pursue? A. I need to go back to June of 1987. STICKLEY & SCHUTZMAN, INC. DEPOSITION OF ROSEMARY STEWART VOL. II 1 2 3 5 6 10 11 12 13 14 Upon receiving Lincoln's response, which was June or July of 1987, the attorneys that were working on this case, that is Steve Hershkowitz and Pillsbury, Madison lawyers, who were being supervised by Bruce Ericson, were already drafting Notice of Charges and attempting to support it with evidence from the '86 exan report and the primary documents that went along with it. After receiving Lincoln's response, those attorneys began to make a list of things that they would need to know about whether Lincoln was correct, whether additional evidence needed to be gathered to support or refute things that Lincoln was claiming. And that process was under way in the sunner and throughout the fall of 1987. 15 16 17 18 19 20 A. During the fall there was a draft consent cease and desist order that was prepared, 21 I believe that was November, because there was 22 23 24 25 some feeling at the time that Lincoln may be a draft order was prepared and put together.. This was at the same time that Lincoln STICKLEY & SCHUTZMAN, INC. 272 |