4 5 A. To the best of my recollection knowledge, yes. Q. 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. Q. Did I understand you to say, Ms. Stewart, that after these documents were executed on May 20th, 1988, your active involvement at 10 11 12 13 14 15 16 17 18 19 20 that nature? A. My active involvement ceased. I Objection. Only very, very limited documents did I ever look at after May. Q. (BY MR. GALLAGHER) Are you aware of any instance after May 20th, 1988, where anyone STICKLEY & SCHUTZMAN, INC. 2 3 5 6 7 DEPOSITION OF ROSEMARY STEWART VOL. II on behalf of Lincoln expressed concerns about Kevin O'Connell being involved in the Lincoln MR. MURPHY: Objection; that has nothing to do with this litigation. MR. GALLAGHER : It sure does, Jin; it is in the Complaint. 279 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 STICKLEY & SCHUTZMAN, INC. DEPOSITION OF ROSEMARY STEWART VOL. II 1 2 5 7 10 11 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. unless and until, I must persist. But 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 fron that vague conspiracy count. 12 13 14 15 16 17 18 19 20 21 22 23 24 that? 25 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. Q. (BY MR. GALLAGHER) Have you ever heard I recall the complaint being made. STICKLEY & SCHUTZMAN, INC. 280 Q. Would you tell me what you did or what 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 At that point in time, presumably Mr. asked and answered. -- as to what Mr. Dochow knows, and a continuing objection to this line of inquiry. STICKLEY & SCHUTZMAN, INC. 281 DEPOSITION OF ROSEMARY STEWART VOL. II And I might say, Mike, that if it continues, I think either we will, you ought to 2 3 move on to something else, because I'm going to 23 13 pale of this case. MR. MCALEER: I would like to note my agreement with Mr. Murphy's remarks. MR. GALLAGHER : Although I don't have many 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 Bet with Mr. Keating and at a particular meeting when Mr. Keating complained about Kevin O'Connell. Q. (BY MR. GALLAGHER) When was that, 1. I do not remember. I remember Mr. Keating complaining. And Mr. Wall's response was that he believed STICKLEY & SCHUTZMAN, INC. 282 |