inaudible
January 2, 2010
Excerpt from Motion to Strike Testimony of Chad Johnson:
…in minute 38 of the deposition (see line 221 in the verbatim transcript attached as exhibit B) Charles Schlockstein (attorney for the plaintiff) asks Chad Johnson, CFO of Chad Johnson Concepts, to explain the 2003 stock offering.
Johnson’s response, beginning on line 224, is completely inaudible because of the loud background noises that cover it up.
What is clearly audible on the recording of the deposition is the double chirping incoming call of a Nextel direct connect phone at a high volume and the single chirp outgoing response of same said phone shortly thereafter, followed by the profanity laced tirade unleashed by the person in possession of the phone, a bike messenger who was passing by the Whispering Winds conference room at the time of the Johnson deposition. The interruption lasted nearly one quarter of one minute.
Candy Cooper, legal assistant to Schlockstein, was later able to speak with building security and check the sign-in log for contractors and delivery personnel and narrow it down to a messenger delivering to floor 42 on that day and time. The messenger upon signing-in identified himself as Merckx, Ed. Stating he worked for a company called “Your Mom”. Delivery personnel are required to produce valid photo ID at the time of sign-in which theoretically would make it easier to resolve issues like this one. However, after repeated phone calls to every delivery company listed in Western Washington as well as Portland, Oregon and Vancouver Canada, Cooper has not been able to locate Merckx. In addition, extensive internet searches for companies dba Your Mom has yielded no results. The possibility that Merckx is an independent contractor does exist, therefore Cooper spent four days researching UBI numbers with the State Department of Revenue and the City of Seattle’s B&O office, attempting to cross reference Your Mom with Ed Merckx. She was unsuccessful. Remote searches in Oregon are difficult and access to Canadian business records is not granted to US parties over the phone…
This is a pile of legal horseshit over a simple everyday occurrence. All they had to do was ask Mr. Johnson to repeat his answer after the messenger walked by. The messenger was just doing his job. Perhaps he was a little pissed off, soaking wet, hungry, tired and stressed-out and I bet he had to waste 7 minutes with a slow security guard signing-in in the loading dock. Of course a few shits and fucks are going to slip out of his mouth in the heat of battle. We’re not in Kansas anymore. Perhaps later on they'll mention that Merckx smelled like cigar smoke, wet socks and beer.
Even if they found this Ed Merckx, what would they do? Say to him in a stern voice, “Don’t do that again”
Schlockstein is losing his case and Johnson’s testimony clearly favors the defense so he is grasping for anything to stall and look for another chance and of course along the way, rack-up amazing amounts of bullshit billable hours.
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pilder
said...
fiction inspired by real horseshit
Posted January 3, 2010 08:40 AM
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