10A28641 2 2011-12-09 DepositionOfDrFrancisWillardRushing Ocr

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In The Matter Of:

Desmond, et al. v.

Narconon, et al.

Francis Willard Rushing

December 9, 2011

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Desmond, et al. v. Narconon, et al.

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IN THE STATE COURT OF DEKALB COUNTY STATE OF GEORGIA

PATRICK C . DESMOND AND MARY ) C. DESMOND, INDIVIDUALLY, AND) MARY C. DESMOND , AS ) ADMINISTRATRIX OF THE ESTATE ) OF PATRICK C. DESMOND, )

Plaintiffs, ) ) CIVIL ACTION FILE

vs. ) ) NO. l0A2864l - 2

NARCONON OF GEORGIA, INC., ) DELGADO DEVELOPMENT, INC • , ) SOVEREIGN PLACE, LLC, ) SOVEREIGN PLACE APARTMENT ) MANAGEMENT, INC. , LISA ) CAROLINA ROBBINS, M.D . , THE ) ROBBINS GROUP, INC., AND ) NARCONON INTERNATIONAL, )

Defendants. )

Deposition of FRANCIS WILLARD RUSHING,

taken on behalf of the Defendant Narconon,

pursuant to the stipulations contained h erein ,

before Jo Tomoff Fischer , RMR, CCR No. B-924,

at 1 201 Peachtree Street, 400 Colony Square,

Suite 900, Atlanta, Georgia, on December 9,

2011, commencing at the hour of 10:10 a.m.

Q&A REPORTING SERVICES, INC. Certified Court Reporters 2165 Fairhaven Circle, NE

Atlanta, GA 30305 404.233.3300 ** (Fax) 404.233.1530

APPEARANCES OF COUNSEL

ON BEHALF OF THE PLAINTIFFS:

JED D. MANTON, ESQ. Harris Penn Lowry DelCampo, LLP 400 Colony Square, Suite 900 1 201 Peachtree Street, NE Atlanta, GA 30361 (404) 961-7650

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ON BEHALF OF THE DEFENDANTS NARCONON OF GEORGIA and NARCONON INTERNATIONAL:

KATHRYN S. WHITLOCK, ESQ. Drew, Eckl & Farnham, LLP 880 West Peachtree Street P.O. Box 7600 Atlanta, GA 30357 (404) 885-1400

ON BEHALF OF THE DEFENDANT DELGADO DEVELOPMENT:

CALVIN P. YAEGER, ESQ. Downey & Cleveland, LLP 288 Washington Avenue Marietta, GA 30060 (770) 422-3233

ON BEHALF OF THB DEFENDANTS LISA CAROLINA ROBBINS, M.D. and THE ROBBINS GROUP, INC.:

SCOTT P. KEREW, ESQ. Weinberg, Wheeler, Hudgins , Gunn & Dial, LLC Suite 2400 3344 Peachtree Road Atlanta, GA 30326 (404) 876-2700

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By Ms Whitlock.

By Mr. Yaeger ..

DEFENDANTS'

Francis Willard Rushing December 9, 2011

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INDEX TO EXAMINATION

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.152

INDEX TO EXHIBITS

EXHIBIT DESCRIPTION PAGE

13 1 Rushing CV

2 List of Rushing Deposition or Court Testimony, 2007 - 2011

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12 -6-ll E-Mail from J. Davis to F . W. Rushing 52

Rushing Report 12- 6-ll 53

First Addendum to Rushing Report, 12-7- 11 53

Second Addendum to Rushing Report, 12-8-11 53

Table B-47 : "Hours and Earnings in Private Nonagricultural Industries ... " 66

Table B-64: "Changes in Consumer Price Indices ... "

P. Desmond Edison State College Transcript

P. Desmond Brevard Community College Transcript

1 0- ll-11 Letter from J . Davis to F. Rushing

Rushing Handwr itten Chart I Firefighter Profile

Rushing Handwritten Chart I High School Pro file

Rushing Handwritten Chart I Associate Degree Profile

Rushing Handwritten Chart I Bachelor's Degree Profile

Salary.com Printout, Melbourne, Florida

P . Desmond Handwritten Notes

P. Desmond Death Certificate

Printout I Florida State Firefighters' Association

Web Page

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Note, "Firefighter" 128

P. Desmond Tax Returns 128

Cobb County Career Site I Position Details 128

Florida Firefighter Job Openings I Seminole County, Job Details 128

Salary.com Printout I Clearwater, Florida 128

Plaintiffs' Responses to Narconon Interrogatories 128

Plaintiffs' Responses to L. Robbins Interrogatories 128

Amended Notice of Deposition

Consent Scheduling Order

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Desmond, et a1. v. Narconon, et al.

(THE FOLLOWING TRANSCRIPT CONTAINS QUOTED MATERIAL; SUCH MATERIAL IS REPRODUCED AS READ OR SPOKEN. )

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(IN THE FOLLOWING TRANSCRIPT, A DASH [ - - ) IS USED TO INDICATE AN UNINTENTIONAL OR PURPOSEFUL INTERRUPTION OF A SENTENCE; AN ELLIPSIS [ ... ) IS USED TO INDICATE HALTING SPEECH OR AN UNFINISHED SENTENCE IN DIALOGUE, OR AN OMISSION OF WORD[S) WHEN READING WRITTEN MATERIAL.)

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(Thereupon , the court reporter disclosed that she was there on behalf of Q & A Reporting Services, Inc. In compliance with Article lO.B of the Rules and Regulations of the Board of Court Reporting of the Judicial Council of Georgia and O.C.G.A. 15-14-37(a) and (b), the court reporter discloses that s h e was retained by Kathryn S. Whitlock, Esq., to take down the proceedings . Q & A Reporting Services, Inc. will charge the attorneys the usual and customary rate for the transcript, and will be paid by the attorneys upon their receipt of the transcript.)

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1 (Thereupon, the witness was sworn.) 2 MS. WHITLOCK: This will be the 3 deposition of Francis Rushing. It's taken 4 pursuant to notice and agreement of counsel. 5 It's taken pursuant to the Georgia Civil 6 Practice Act and the standing order entered 7 by the court in the case. It's taken for B purposes of discovery only. All objections 9 except as to fonn of the question and

10 responsiveness of the answer are reserved 11 until time of trial or such other time as the 12 court may direct. All forn1alities as to the 13 taking of the deposition, with the possible 14 exception of signature of the witness, are 15 waived. 16 What do you all want to do about 17 signature? 18 MR. MANTON: Would you like to read, 19 Dr. Rushing, read and sign? 20 THE WITNESS: No. 21 MS. WHITLOCK: Signature of the deponent 22 is waived. Is the stipulation acceptable? 23 MR. MANTON: Fine. 24 MR. YAEGER: Fine. 25 I I I


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1 FRANCIS WILLARD RUSHING, 2 having been first duly sworn, was examined and 3 testified as follows : 4 EXAMINATION 5

6 BY MS. WHITLOCK: 7 Q. Dr. Rushing, we've met before your deposition, 8 and I think we met in a prior life, but I know you've 9 been through this before, whether it's been with me or

10 somebody else. Just a couple things; remind you if you 11 ever don't hear me or don't understand me, please stop 12 me and ask me to repeat or rephrase the question. If 13 you will try to give a verbal response, and if you will 14 tly to wait until I'm finished asking my question before 15 you start answering, that will be real helpful. 16 A. I will. 17 Q. What is your full name, sir? 18 A. Francis Willard Rushing. 19 Q. When and where were you born, Dr. Rushing? 20 A. I was born-- when was on the 30th day of July 21 in 1939. 22 Q. And where? 23 A. Savannah, Georgia. 24 Q. Have you been in Georgia essentially all of 25 your life?

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1 A. I've been in Georgia most of my life. I was 2 out of Georgia during graduate school, I was out of 3 Georgia during my military service, I was out of Georgia 4 when l was on leave of absence from my academic position s here at Georgia State, and I was in Washington, D.C. at 6 that time. 7 I was in North Carolina three summers, 8 teaching at the University of North Carolina. 9 So it's Georgia, North Carolina and Virginia.

10 Q. Where did you go to high school? 11 A . Savannah High School. 12 Q. When did you graduate? 13 A. I graduated inl957. 14 Q. What did you do then? 15 A. I went to the University of Georgia in Athens, 16 where I got a bachelor of arts degree in the -- with a 17 major in economics. From there I went to the University 18 of North Carolina at Chapel Hill. Graduated in June, 19 was in Chapel Hill in September. I received a National 20 Educational Defense Act full scholarship for graduate 21 school, so I entered Chapel Hill in the Ph.D. program in 22 the field of economics. 1 was in residence for four 23 years; then I left, with a draft of my dissertation 24 completed, had three years obligation for the United 25 States Air Force from my ROTC days at University of

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1 Georgia. I was in the Air Force from 1965 to 1968, and 2 stationed in Arlington, Virginia. The Department of 3 Defense, but l actually worked at Arlington Hall 4 Station, which was the Defense Intelligence Agency. 5 Q. You said you did ROTC at Athens; is that 6 right? 7 A. Correct. 8 Q. And then you said that you got a scholarship 9 to UNC?

10 A. Yes. 11 Q. What kind of scholarship was that? 12 A. It was a National Educational Defense Act 13 scholarship. What happened back in those days, if--14 well, some of you will remember, some at this table 15 won't. In the Cold War era there were-- at least, the 16 U.S. govemment considered that they had some 17 deficiencies in terms of their stable of experts. And 18 so they offered, in very specific fields, full academic 19 scholarships for individuals who pursued degrees in 20 areas that they thought were essential for defense 21 purposes. So mine was in the study of the Soviet 22 economy. So I got my Ph.D. in economics, but my 23 dissettation was on the Soviet economy. The chemical 24 industry, as a matter of fact. 25 Q. And then did you have an obligation to the

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1 Defense Depattment when you graduated, like you did 2 after ROTC? 3 A. No. They just wanted them to be there. 4 Actually, I served the three years in-- in the Air 5 Force and assigned, as I said, to the Arlington Hall 6 Station, the defense intelligence agency, though I did 7 spend some service time in the Pentagon, some activities B there. But there was no obligation for it. 9 I became vety much involved, actually, because

10 of the expertise, and -- and the shortage of other 11 individuals with it. By the time I went-- in 19721 12 was-- to '74, I was at the College of William and Mary, 13 on faculty. And I stmted working as a consultant then 14 with a group in Washington called the Stanford Research 15 Institute, which was founded at Univer -- Stanford 16 University, and was a re --kind of a-- separated out 17 as a legal entity. And I remained a consultant with 18 them for 20 years after that. In fact, at one period of 19 time, directed their program in Soviet and East European 20 studies, with all -- all of our contracts were DOD 21 contracts or Central Intelligence Agency contracts. 22 Those kind of things, so .. . That's a very broad answer 23 to your simple question, but could give you some 24 context. There was no requirement, but that's how it 25 played itself out in tem1s of payback, if you will, to

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the -- to the system. Q. What did you consult in? You said you

consulted for 20 years; what were you doing? A. Well, what I did, actually, there were a

number of contracts that came in, DARPA, which was an agency within the defense that does their long-tenn planning and helps develop their strategies, both technological strategies and political strategies in the Central Intelligence Agency. So when you say what did I do to consult, we worked on a multiplicity of issues. We would do profiles on the Soviet capabilities of supporting their defense establishment. In fact, over the course of those years we developed the only econometric model ofthe Soviet economy that existed, and we used that to do a scenario analysis on changes in the economic environment in-- in the Soviet Union, to see what impact it would have on their abilities to support their military establishment.

It became just a myriad of issues, but all of them fed back in to that circle, or cycle, if you will, of trying to keep up analysis, scenario analysis, on potential outcomes to decisions that one -- kind of almost a game theory aspect on -- on playing that.

So I ran that program for a year and a half as a full-time employee on leave from Georgia State. And

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then l remained still directing the program long distance for a while, and then got on a kind of habitual cycle of going up there, spending so many days a month, and coming back.

After a while, of course, that became kind of a moot question in 1989 when the Soviet Union, for all practical purposes, collapsed. So that's a classic economic condition known as the depreciation of human capital. What you're expert in was no longer in existence. And so I moved on to a number of other fields, but we continued to do work, consulting work, there on a lot of issues; intellectual property issues were some of them. We did a lot of work on post Soviet --we visited the Soviet Union and did analysis on what was going to happen to their expertise. And we weren't concerned about all expertise, but certainly the nuclear expertise that was out there. And those research institutes that were very elaborate. So it was enough to keep -- to keep going. You can see in my publications what -- some of the things we did. The unclassified ones.

Q. When you say your "publications," that's listed on your curriculum vitae?

A. Yes, it is. And the fmther back you go, the more you get the Soviet influence because of that. And

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1 the closer you come to see what other kinds of things I 2 got involved in. 3 MS. WHITLOCK: Jo, can you mark this as 4 Exhibit 1, please. 5 (Thereupon, marked for identification 6 purposes, Defendants' Exhibit No. 1.) 7 BY MS. WHITLOCK: 8 Q. Dr. Rushing, I'm showing you Defendants' 9 Exhibit 1. Is that the CV that you provided to me this

10 morning? 11 A. Yes, it is. 12 Q. And is that a current CV? 13 A. Yes, it is. 14 Q. All right. This shows your Ph.D. in 1967. 15 Now, when it says 1967, is that when you finished your 16 dissertation? Because you said you had a--17 A. That's when the --18 Q. --you had left UNC with a draft ofyom 19 dissertation. 20 A. Correct. I left in '65, and then I completed 21 it while I was on active duty, and it was approved, and 22 at that point I went actually to graduation in 1967. 23 The degree was actually awarded in that year. 24 Q. And that was while you were in the Air Force? 25 A. The Air Force.

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1 Q. So then you got out of the Air Force in 1968, 2 and you started working at University of Georgia? 3 A. Yes. 4 Q. And you said you were assistant professor of 5 economics; was that in the economics department? 6 A. Yes. 7 Q. And it was while you were at Georgia that you 8 did this other consulting that you were telling us about 9 for the military?

10 A. No. I didn't start that until '7-- about '73, 11 I think, '72, '73, when I was at the College of William 12 and Mruy. Which is my second academic appointment. 13 Q. So you went from University of Georgia -- you 14 were there about four years? 15 A . Conect. 16 Q. And then you were at William and Maty for 17 about two years? 18 A. Correct. 19 Q. And then Georgia State for about six years? 20 A. No. At Georgia State I became faculty member 21 in Georgia State in 1974, I believe, June of that year. 22 I remained on faculty at Georgia State University from 23 that date until I retired in July 1, 2000. 24 Q. All right. 25 A. The leave of absence -- what you're reading

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there is I took a leave of absence from Georgia State. It was a leave of absence; I did not resign. So I was -- it was what we call an unpaid leave of absence. So I wasn't on the university's payroll, but I was still on their rolls as a faculty member. And so I returned to my previous position at Georgia State in the Department of Economics when I came back in 1977.

Q. What were you doing during this unpaid leave of absence?

A . That's when I was in Washington with SRI Jntemational on a full-time basis. I was-- at that time, I was their employee.

Q. All right. In the summers of 1969, '70 and '71 you said you were a visiting professor.

A. Right. 1--Q. Or a visiting assistant professor. A. Yes. I was hired by the University of

North Carolina to come in; they had a program which they were teaching economics to teachers, secondary teachers. And--

Q. "Secondaty" like high school? A. High school, yes. And they asked if I would

come in and taught. So the first year I taught, it was a program actually the dean of the business school ran, and I taught for three years on --by invitation. So we

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would pack up and go to Chapel Hill, which is not a tough thing to do.

Q. What's the difference between a visiting assistant professor and an assistant professor?

A. A visiting assistant professor is not a permanent rank in that institution. In other words, I was not a faculty -- iri the technical sense, a faculty member. I was granted academic status in order to teach a course in -- in -- at the University of North Carolina. So you can do that. There're --there're many non-tenured people teaching, but they have faculty status as granted by a department. And so this -- I was granted that status, but I was not technically holding a pennanent rank within or a position within the tmiversity. So there was special grant money that provided my salaty, and it was paid through them to me, and to teach a course for which they got credit. They had to have a faculty member teaching the course.

Q. So you did that three summers, and then you became an associate professor, and, from what you've just told me, I understand the difference between one and the other is when you became an associate professor you were a regular employee of the university?

A. I was -- I was a regular employee in my first


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1 academic post at Georgia, University of Georgia, as 2 assistant professor; that was a tenured track faculty 3 appointment. When I went to College of William and 4 Mary, I went at a higher rank; I went as an associate 5 professor. In other words, they hired me a rank above 6 what my rank was at the University of Georgia. Which 7 was one of the inducements to go there. The other was, 8 I was -- had become assistant dean of the graduate 9 school; I felt I was getting ahead of myself, being in

10 administration that early, so I wanted to go back to a 11 more pure academic, and where better than the College of 12 William and Mary. Who had offered me a position when I 13 went to the University of Georgia. 14 Q. So you became an assistant dean where? 15 A. At the University of Georgia. It's under 16 "Administrative." 17 Q. All right. And then you became an associate 18 professor. What's the difference between --1 know you 19 said it was a higher rank, but what's the difference 2 o between associate and assistant? 21 A. Well, the tlU"ee -- the three ranks are 22 assistant-- well, there's an instructor, an assistant, 23 associate and full professor are the-- is the 2 4 gradations as you go across the academic world. Some 25 people are hired in as an assistant-- as an instructor,

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which is a rank. Others are hired in at positions that are non-tenure-track, which you can give them whatever title you want as long as you establish that they're -ability to teach the content area that they're teaching.


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1 Eugenia A. Ramsey Chair of Private Enterprise. That 2 particular chair is endowed -- was endowed by Bemard 3 Ramsey and Eugenia Ramsey, and it had well over a 4 million dollars. So what that chair did-- what that 5 endowment did for me was that it paid me a supplement 6 over my state funds. So if you have an endowed 7 position, you usually have resources available to you, 8 the first of which, it will supplement your salary above 9 state funds, and secondly, in my case it would also hire

10 secretarial support and research assistants. So I could 11 essentially, with the approval of the dean, expend tl1e 12 endowment funds that are generated. To whatever limit 13 are established by the rules. Usually five percent of 14 the endowment each year. So off the top would come my 15 supplement; after that I could use it for travel, I 16 could use it to hire staff, I could use it to do 1 7 research assistants. I could even use it to do grants, 18 which I did to support other faculty. So that's what 19 I'm saying, it's something. Doesn't go with the title 2 o "full professor." It only goes if-- if you get that. 21 There're certain called regents' professors, which are 22 endowed by-- which are positions that are provided by 23 the Board of Regents, and they identify certain faculty 24 members as regents' professors, which nonnally pays them 25 a supplement and provides-- gives them other perks as

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well, but that's from the regents and not from an endowed position.

This may be more than you ever wanted to know. Q. How do you get those appointments? Is that

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So a nonnal academic career would be one 5 something you're nominated for, you apply for? How does generally of Ph.D. will go in as an assistant professor; 6 that come about? then after so many years of performance, typically, in 7 A. In the case of the Chair of Private most institutions, could be adequate teaching or some 8 Enterprise, it was a search committee, a national search administrative service, and then research. At the -- at 9 committee that was -- solicited nationwide, and the

10 the-- what we call the research institutions, the 10 president of the university made the fmal decision on 11 weights become somewhat different and research becomes a 11 the appointment. 12 more-- more important element in the evaluation 12 Q. Did you have tenure when you retired from 13 process. So I went to Willian1 and Mary as an associate 13 Georgia State? 14 professor. When I came to Georgia State, 1 came as an 14 A. I had tenure at Georgia State; I'm trying to 15

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associate professor, so I was not changing rank. And I 15 think whether I was tenured when I arrived. I think stayed an associate professor at Georgia State for 16 not, but it's not typically. But certainly I had tenure approximately five years before I made full professor, 17 by the time I was promoted to full professor. which is the last rank that you can get. After that, 18 Q. Did you have tenure at University of Georgia there are special appointments that you can have, but 19 or College of William and Mary? they're all predicated on your-- the fact that you have 20 A. I was in a tenure track position; I had not made full professor. 2 1 been granted tenure at either of those institutions.

Q. And what do you mean when you say 22 Q. Then in July of 2000, you became "emeritus "appointments" you can get? 23 professor of economics"; what does that mean?

A. Well, if you look on my CV, you will see that 24 A. What that means is you're-- it is a title, it in the year 1990 I was appointed to the Bernard B. 25 is granted by the faculty of your unit, or the

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A. Yes, a subset. The center is a subset of the council. In fact, I was the second director of the

1 Department of Economics. Has to approve the-- awarding 2 the emeritus title to you. What it means after that is 3 not much. Because there's no pay, there's nothing. It 4 just says, you know, "Your colleagues believe that you 5 have had a good career, and we want to bestow upon you 6 our--" -- I'm not sure the word "admiration" is quite a 7 good descriptor, but anyway, some at least approval of 8 what you've done. And so they award it. And, you know, 9 other than that, that's .. . That's about what it is.

3 Council on Economic Education, and was that from '74 to 1980, when I went and became assistant dean of the graduate school. Associate dean of the graduate -

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10 Q. It's an honorary title? 11 A. Yes. There's no stipulation for financial or 12 anything else going with it. I could go back and --

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13 with that, and did go back, and teach courses after I 13

14 retired. In fact, I became employed a month after I 14

15 15 retired. 16 Q. Doing what a month after you retired? 16

17 A. Well, I -- I made an agreement with the dean 17

18 of the school that I would take on directing the Center 18

19 for Business and Economic Education. We negotiated a 19

2 o flat annual salary for me. And I maintained that 21 position for two years, and then decided that I was 22 ready to move on. 23 Also over that period oftime, the university 24 asked me to teach in Cairo, Egypt. I taught the 25 economics component of the MBA program, which was a

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(Discussion off the record.) THE WITNESS: Excuse me. Let me

re-answer the question. When I became associate dean ofthe College of Business Administration at Georgia State University.

BY MS. WHITLOCK: Q. And that's under "Administrative

Appointments"? A. CotTect. Q. Did you have these appointments while you held

the academic appointments? A. Yes. Which meant that I didn't do a lot of

teaching. Q. When you were-- I'm sorry. A. I had administrative appointments. For

instance, I became chainnan of the Department of Economics multiple times. I was associate dean of the College of Business I think for-- from '95 to-- 1985 to 1990. During those times, if you have an administrative place -- post, usually the requirements

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1 joint Georgia State University-Cairo University project. 1 that you have for teaching are diminished. So my normal 2 Q. What did you do as professor of economics and 2 teaching load for a year would have been one or two 3 director of the Center for Business and Economic 3 courses, many times. The later I got in my career, that 4 Education? 4 frequently would go down to one and sometimes zero for 5 A. Well, director of the Center for Business and 5 multiple years, because my endowed position essentially 6 Economic Education is essentially dealing with teaching 6 relieved me of any teaching responsibilities except one 7 economics to pre-college students. So what it nonnally 7 course, or two courses, and then when I was chaimmn of 8 does is to provide workshops for teachers, which in many 8 the department as well as that, eliminated all the 9 cases the intent is to enhance their understanding of 9 courses that I taught. So it's how it's divided in a

10 the discipline of economics so they can better teach it. 10 very complex culture of education. 11 We develop materials of various kinds for distribution 11 Q. And when you weren't teaching, when you had 12 to them. We gave a variety of seminars, one-day 12 these administrative positions, what were you doing? 13 programs, in various uses of materials, either that we 13 A. Well, I was researching also. And publishing. 14 had generated, which we did early on. Later on the 14 And I was going to conferences various places. And 15 National Council on Economic Education generated 15 presenting papers, and interacting with colleagues 16 sufficient materials that we simply used theirs and 16 across-- well, actually, internationally. Because 17 instmcted how to do that. So I did that. The last two 17 after 1 became the chairholder, I guess I did a lot of 18 years. But I-- when I went to Georgia State, I was the 18 international traveling and a lot of international 19 director of the Center for Business and Economic 19 conferences. 20 Education. Back in 1974. And also director of-- the 20 Q. And then you also were a consultant during 21 executive director of the Georgia Council on Economic 21 this time? 22 Education. Which was a not-for-profit. But located at 22 A. That was also going on, but that-- that was 23 Georgia State University. 23 separate from. The university rules are that you're 24 Q. Was it the same group that you were director 24 permitted to do consultancy one day a week. So four 25 for in 2000? 25 days a month. And-- so that would permit you to be

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1 away from campus for that amount of time if you were 2 doing something other than university business. 3 Most of all of my activities have related in 4 some way to the university, though. When I was 5 compensated, obviously, that was a separate activity, 6 and those are reported to the university. 7 Q. And the consulting work is what you told us 8 you did with SRI International? 9 A. Correct.

10 Q. Then I'm looking at your CV, you've got 11 Pages 3 through 9 -- well, let's start on Page 3. 12 You've got books that you've written. Did you write 13 those by yourself, or with somebody else? 14 A. It would -- it -- it's identified on the 15 citation. The textbook was written -- there were three 16 authors on the textbook. The book with Catherine Ailes 17 on "The Science Race," which came out of a lot of 18 activity I had as a consultant with SRI International. 19 And she was a colleague at SRI International. And we 20 wrote that book, divided up chapters, etcetera. 21 Q. What was her expertise? Ms. Ailes. 22 A. Ms. Ailes actually was a Georgetown -- all but 23 disse1tation in the area of psychology. Or maybe it was 24 even philosophy. And when I started-- first started 25 work at SRI, she was a junior research analyst, and

Page 26

1 eventually she and I , when I was director of that 2 program, she became more active in the Soviet stuff with 3 me. And then after I ceased being director of that 4 program and we transitioned somewhat in tenns of what we 5 were focusing on, she then became that director of the 6 science policy area. And I began to work for her after 7 that point. So she -- she moved on and became I think 8 ve1y prominent in a lot of the circles, particularly the 9 National Science Foundation and others. In what she

10 did. And I was -- co-authored some other things with 11 her. 12 MS. WHITLOCK: Jo, Ailes is A-I-L-E-S. 13 And Catherine is C-A-T-H-E-R-1-N-E. 14 BY MS. WHITLOCK: 15 Q. All right. So you divided up chapters with 16 Ms. Ailes for the "Science Race" book. What were your 17 chapters on? 18 A. Oh, well, they were all on the educational 19 parts. It was -- it was a study of the comparison 20 between the Soviet Union and the United States on our 21 educational systems. And so we had been in an exchange 22 through the Department of State, U.S. Deprutment of 23 State, and the Ministry of Foreign Affairs in the Soviet 24 Union, so we had had various exchanges; they had people 25 who came to us and came to learn about the U.S.

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educational processes, and we went to the Soviet Union and learned about their processes. After we accumulated a lot of that kind of infonnation, she and I decided that it would be wo1thy of a book. And so how the chapters were broken down I -- at this point, I think I wrote the one on the general nature of allocation of resources and that kind of thing. Then I think I did maybe the early education, and she did the secondary. But it was a 50/50 split over time. I did some analysis on the allocation of resources across the educational institutions.

That book actually became a part of-- at that point in tin1e, we were looking at "A Nation at Risk," which was a study done at the U.S. level on-- on what was wrong with the U.S. education. And so we testified before the Congress on the findings that we had come up with and the comparisons that we had made.

Q. Moving backwards to "The Visible Hand: the Challenges to Private Enterprise in the 21st Century"?

A. That was the last one, yes. Q. Did you-- oh, I see. Okay. The first one

listed. Did you write that one by yourself? A. That's an edited work. Q. What does that mean? What do you mean by

that?

Page 28

A. Well, an edited work is a work in which there are multiple individuals and the individuals each contribute some -- some unique piece of analysis in Ule book. So that book has six -- ten-- probably ten, ten authors other than just me. And I wrote a chapter, and l did all of the introduction, I edited the book, and then it was published through the Chair of Private Enterprise at Georgia State.

The other books there are also, you will note -- it should say "editor" on there, and it should say if there was a co-editor. TI1ere was one-- some for the National Science Foundation we did on intellectual property rights. So those edited works are -- usually I had a chapter or so, or else my role and function was to get together the authors, give the focus of the book, and then assess how well they accomplished what their general assignment was in the preparation of those chapters.

Q. What was your chapter in "The Visible Hand"? A. It was dealing with the entreprenemial

response to the-- the challenges of private enterprise, which is to say it's the old-- now it's a very popular topic; the conflict between government solutions and private solutions. And the arguments we essentially made -- I had a co-author on that piece. The argument

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1 we essentially says in there was that the natural 1

2 intuitive nature of individuals have a way of meeting 2

3 those challenges if left to the market processes. And 3

4 that's what that was about. 4

5 Q. "Intellectual Property Rights in Science, 5

6 Technology and Economic Performance: International 6

7 Comparisons"; what was your chapter in that one? 7

8 A. 1 think the role of editor, and also the 8

9 summary and the conclusions drawn on that. That came 9

10 out of a combination-- Carole Ganz I think is the 10

11 co-editor on that. Carole was with the National Science 11

12 Foundation, and we had a grant from her to do the study. 12

13 And we also had a grant from the U.S. Chamber of 13

14 Commerce on Brazil-U.S. -- a division of the U.S. 14

15 Chamber of Commerce in the intemational division. So 15

16 they funded some various trips in which they brought 16

17 business people together. And what the U.S. Chamber was 17

18 concerned about--not just with Brazil, but that was 18

19 their main concem and focus--is the propensity 19

20 sometimes of poorly protected property obviously runs 20

21 counter to the best interest of the property right 21

22 holder. And Brazil was, particularly at that time, 22

23 rather notorious about either confiscating or not 23

24 pennitting the intellectual properties held by 24

2 5 foreigners to either be paid for or to be introduced 2 5

Page 30


Page 31

them the outline of what the context was for their pieces, and they individually wrote those chapters, and we--Carole and 1--pulled those together and did the introduction and the conclusions to them.

Q. Then the next section on your CV is "Articles, Book Chapters and Monographs." AI1d you've indicated some of these you wrote by yourself and some of them you wrote with other people.

A. Right. Q. Do any of these publications address the

issues that -- or, the aspects of economics that you used to reach your conclusions in our case?

A. Well, the answer to that question is, there is nothing in my -- on my CV that is -- any piece that I've ever written that pertains to any-- specifically to doing analysis for the purposes of being an expert witness, that is to say, wrongful death, personal injury. There's nothing there. I've never written anything about that.

I started consulting in that area in 1985, but all of the -- what you utilize in terms of doing that analysis kind of starts with getting your Ph.D., going through the the01y courses. But, more importantly, I think, after you are out and working and publishing, the various experiences that you have kind of builds your

Page 32

1 into their economy. So we put together probably I think 2 there are seven or eight chapters there of specialists 3 all over the world; a chapter on India, a chapter on 4 France, a chapter on Brazil, I forget who else was in 5 there. And each of them talked about those processes. 6 And issues associated with them. I think I even had an

1 human capital. And you just draw on it when you are 2 facing an issue.

7 attorney out of the University of Chicago School ofLaw 8 who wrote a -- some of the -- Eckstein may be his name. 9 Anyway, that -- that was the broad context of it. And

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it was-- did pretty well. The other one was on the models for growth,

macro models. Q. What other one? A. Well, there's another one on-- listed there.

1n "Books." Q. Okay. My question was just what chapter did

you write in that book? A. I answered that one. I did -- I did the

editing of the book, I did the introduction and the conclusion.

3 The issue is pretty straightforward in tetms 4 of determining potential economic losses. The chapters

that -- I mean, the publications that I did late -- late on, probably the last five years of my career at Georgia State, we were dealing with issues of how do governments, if you will, transition workers from declining industries into new and more productive industries. And we did case studies in various parts of

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And that deals with looking at issues about losing jobs and gaining jobs, and training that you have, and the influence of training on experience, on

16 incomes. But, once again, it's all -- plays and can be 17 drawn from, but it's not specific to what we're talking

about today.

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19 Q. How would you define economics? 20

21 Q. Okay. And then "National Policies for 21

22 Developing High Technology Industries." Did you write a 22

A. It's how goods and service get produced and get distributed.

Q. And what is an economist? 23

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chapter for that book? 23

A. No. That was, again, fully edited. I put 24

25 together the package, got all the authors together, gave 25

A. An economist is one who studies those processes.

Q. You said you sta11ed consulting in 1985 in

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connection with wrongful death cases? A. Conect.

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Q. And how did you first start consulting? A. Well, at that point in time I had a colleague

at Georgia State by the name of Sam Skogstad, 6 S-K-0-G-S-T-A-D, who was doing some expert witnessing. 7 And he left Georgia State to -- on a leave of absence to a go to USAID, United States Agency for Intemational 9 Development, and he said that it may be that he could

10 not come back to meet his clients or do depositions and 11 trial, and would I be a backup for him, and I said sure. 12 I did a few of those, but then Sam decided he was going 13 to resign from Georgia State and become a full-time 14 employee with USAID, which he did. Finished another 15 career there, as a matter of fact. 16 And, as a result of that, some of his clients 17 that he had had that I had been introduced through him 1a began to call me directly for-- for assistance in 19 cases. So it started rather tangential to everything 2 o else I was doing. 21 Q. Did you do it through a corporation or a 22 company, or just individually? 23 A. Individually. It was really not that much, so 2 4 to speak, and certainly wasn't my primary focus. I had


Page 35

1 respect to deposition questions or trial questions. 2 Assess it. Many times just to say, you know, "Is this a 3 ballpark number any reasonable in your mind?" 4 I may not even be asked to do a full 5 alternative analysis, but rather look at it, or the 6 assumptions look good or bad, or where are our 7 weaknesses, what's the strengths. And many times, to be B honest with you, the differential -- there may be some 9 differentials I would suggest, but they're not such that

10 it would make invalid the whole analysis that the 11 economic expert for the plaintiff may do. 12 On one case not too long ago 1 was asked to do 13 a full analysis, and in fact testified in deposition to 14 that. But that's a rarity, that I'm asked to follow 15 that far through. Though I do have one defense case 16 I've been asked to do that. 17

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Q. Is all of your professional time spent in consulting now?

A. For which I'm compensated, the answer's yes. Q. What do you mean by that answer? A. Well, I consider some of my expertise I might

utilize or my services I might provide, and I usually might do it for community purposes or whatever, as opposed to something for which I'm compensated. So ...

25 my consultancy with SRI, which was the primary one that 25 Q. What do you do for the community?

Page 34 Page 36

1 I'd had for some period of time. And also I had a 1 A. Well, I'm on a number of boards. And I'm 2 full-time position as well. And so when they -- when 2 usually invariably chair of the finance committee or 3 requested, if I could do them I did them, and most of 3 something of that nature. I'm now chairing a long-tenn 4 the time, because there weren't that many of them, I 4 investment group for the Madison Morgan Cultural Center 5 could pretty well work them into my schedule. 5 Foundation. I'm not compensated for that. Don't expect 6 Obviously, that has changed somewhat over time. 6 to be compensated. 7 Q. When you first started, what was your ftrst 7 Q. So that's the Madison Morgan ... ? a case? Do you remember? s A. Cultural Center. 9 A. I have no idea. 9 Q. Cultural Center. What other boards are you

10 Q. When you said you started consulting, what 10 on? 11 were you being asked to do? 11 A. I'm on the Ferst Foundation for Childhood 12 A. As a consultant, as an economic expert, 12 Literacy, which I've been on for a number of years. I 13 typically by a plaintiff, to try and figure out what are 13 chaired the board for three years. And I just stepped 14 the economic losses an individual might have suffered as 14 down. 15 a result of personal injury or death. 15 (Discussion off the record.) 16 Q. Have you ever worked for the defendant? 16 BY MS. WHITLOCK: 17 A. Oh, yes. 17 Q. I'm sorry, that was something Ferst? 18 Q. What do you do when you're hired by a 1s A. Ferst Book Foundation for Childhood Literacy. 19 defendant? 19 Q. Literacy, okay. What other boards are you on? 20 A. By a defendant I'm typically asked to come in 20 A. Currently, I think that would be it. 21 as a consultant in-- as rather than a testifying 21 Q. And then the rest of your time is spent in 22 expert, to come in as a consultant. Typically what I'm 22 consultation for matters in litigation? 23 asked to do is to review materials in the case, 23 A. No. I mean, I don't-- I don't do this full 24 particularly if there's an economic expert on the 24 time. 25 plaintiffs side, to review that report, advise with 25 Q. All right.

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1 A. I do have other parts of my life I lead, which 2 may be gardening or traveling or doing what else that I 3 have in mind. So I-- I probably, in an average week, 4 may work 20 hours. In a really, really pressed week, 5 maybe 30. But I don't-- I try not to make it a 6 full-time job. 7 Q. Do you have any other work that you are doing 8 for which you are compensated at this time, besides 9 consulting for matters that are in litigation?

10 A. No. 11 Q. And I believe you retired from Georgia State 12 in 2000 -- your last position was as the director for 13 the Center of Business and Economic Education, so you 14 retired from there in 2002? 15 A. Couect. 16 Q. Since that time, have you had any professional 17 positions for which you were compensated other than 18 consulting for matters in litigation? 19 A. Two. I mentioned to you that I was employed 20 to teach for the College of Business Administration, the 21 program in Cairo, so I was in residence in Cairo for the 22 summer of-- well, the spring of 2002 and 2003, and I 23 was compensated for that. In 2005, I did a talk and a 24 paper for the independent businesses and the Small 25 Business Administration for which I was paid. And

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1 that's the last--which is actually the 2 first--publication on my CV, that resulted from that 3 paper that I eventually wrote from my talk. 4 Q. These papers and books that you've listed on 5 your CV; were you paid for those? 6 A. That's a good question. Yes, the textbook was 7 a royalty base, which I incorrectly stated was going to 8 educate my children, and I don't think it paid for a 9 semester, but that's beside the point. So there was --

10 there was a compensation agreement. I did not have any 11 royalty interest on any of the other books, because they 12 came out of things for which I was paid in developing 13 them. So let's say I had a grant from the National 14 Science Foundation or from the U.S.-Brazil Business 15 Council, and if I were compensated for that, then 16 certainly I didn't then tum around and re-charge them 17 again, so ... 18 But what I got out of it was that I got 19 professional credit from doing the book and the 20 distribution of the book and that kind of tl1ing. So it 21 was-- typically, all of your academic work is not 22 generally for compensation, except to the extent that it 23 enhances your promotion, it enhances your annual pay 24 increases, and it enhances, in my case, my eventual 25 status as a chairholder. So you -- there is payback.

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Q. As a chairholder, okay. What is your current rate of pay?

A. $250 per hour. Q. And is that regardless ofthe task? A. Yes. Q. Let me go back and just fill in some

background. Are you mauied? A. Oh, yes. Q. What is your wife's name? A. Barbara Virginia Brownfield Rushing. Q. And how long have you and Ms. Rushing been

married? A. I think we're on year 48. Q. I take it, then, you've not had any other

wives? A. I haven't. Q. Do you have any children? A. We have four children. Q. And are they all grown? A. They are all -- yes, they are all very grown. Q. Where--A. My youngest is 38. And I have two children

who have children, and tl1ere are five grandchildren. Q. Do they live in the Atlanta area? A. I have three who live in the Atlanta area. My

Page 40

daughter, Elizabeth Sibert, S-I-B-E-R-T. My son Todd Rushing, who lives in Roswell, and my son Stephen Rushing lives in Cobb County.

Q. Are any of these children manied? A. My son Todd, and my daughter

Beth--Elizabeth--are married. Q. What are their spouses' names? A. Tony Sibert and Lorie Rushing. Q. Are any of your grandchildren over 18? A. I have two over 18. Q. Do they live in the Atlanta area? A. Yes. Q. What are tl1eir names, please? A. Heather Rushing and Shane Rushing, S-H-A-N-E. Q. Do you at present engage in any continuing

education? A. For me, you mean? Q. Yes, sir. A. Oh. No. Q. Do you give speeches or presentations--A. No. Q. -- at continuing education programs? A. No. Q. And I think you told me earlier you work

between 20 and 30 hours a week at this time?


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Desmond, et al. v. Narconon, ct al.

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1 A. About. 2 Q. Are you certified as an economist? Is there 3 any organization that certifies economists or --4 A. You're -- you're --5 Q. --gives you any sort of imprimatur? 6 A. Excuse me, I didn't mean to get ahead of you. 7 Q. That's all right. 8 A. You are certified when they award you a Ph.D. 9 And you are a Ph.D. in the field of economics. And the

10 institution is the University of North Carolina at 11 Chapel Hill. 12 Q. So--13 A. So that --14 Q. --there's not a separate institution or a 15 separate test that you have to take or anything like 16 that? 17 A. Not after you've been awarded. There are lots 18 oftests you take before that. But after you're awarded 19 your degree, you have met their standards of the 20 institution for the award of that degree, and that is--2 1 it's called the terminal degree, in the sense that you 22 can't-- you can do post docs, but you're going to --23 maybe it's in a specialized area you want to do, or 24 something of that nature, but you don't-- it's not--2 5 not bad for credentials, but it doesn't enhance your

Page 42

1 terminal title of doctor. 2 Q. Do you have to be licensed in any state,--3 A. No. . 4 Q. -- or can you just go practic~ economics in 5 any state once you have your Ph.D.? 6 A. Correct. 7 Q. Have you--8 A. Most things we do are not life-threatening, 9 however, so certification is-- is --I don't know.

10 There are, obviously, in accounting and other areas, 11 there are certifications required. I've not heard of 12 one. There are ce1tifications in financial planning and 13 some other things of that nature, but even in the 14 professors of fmance I don't think probably have gone 15 through those certifications. Unless they want to do 16 some consulting in that area. 17 (Discussion off the record.) 18 (Thereupon, marked for identification 19 purposes, Defendants' Exhibit No. 2.) 20 BY MS. WHITLOCK: 21 Q. Dr. Rushing, I'm marking as Exhibit 2 the 22 document you gave me just before we sta1ted, which is 23 "Cases in which Francis W. Rushing, Ph.D., economist, 24 has given depositions or testified in court, from 2007 25 to 20 11." And this looks like it goes through December


Page 43

1 the 5th of2011, and today is December the 9th, so I'm 2 guessing it's fairly --3 A. Well,--4 Q. --up to date? 5 A. -- actually, I had a trial yesterday that's 6 listed, but it's listed under the same entry as the 7 deposition of it. 8 Q. And which case was that? 9 A. Well, I have to look at the form.

10 Q. Sure. 11 A. Lisa Myers. 12 Q. And you testified in that yesterday? 13 A. Yeah. And I think it's -- it's in there. I 14 updated it. 15 Q. Lisa Myers versus Ward (Pronouncing) Hock, or 16 Houck, in State Court of Fulton County? 17 A. Correct. 1 8 Q. And it does say "Trial December 8th." All 19 right. 20 A. So the listings would be that way, so it's--21 the trial is always associated with the same listing as 22 the deposition. 23 Q. And, as far as you know, this is a complete 24 listing of all the testimony that you've given since 25 2007?

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A. Yes. Q. When you were working at the universities,

were you ever fired or suspended from a job? A. No. Q . What about when you were consulting? A. No. Q . I know you don't currently, but have you ever

given seminars to other or workshops to other economists, outside of the work that's listed in Defendants' Exhibit 1?

A. I don't think they're -- talks are in that particular CV. That's restricted to personal data, professional appointments and professional publications. I've given lots of-- lots and lots of talks.

Q. Towhom? A. Oh, all kinds. All the academic -- the

American Economic Association, the Southern Economic Association, the Western Economic Association, the Association of Private Enterprise Educators, Society of Economic Educators. Western-- did I say the Western Economic -- so almost any -- the Midwest Economic Association.

So in the course of-- many times when you're drafting a paper or on a topic or something, you will apply to an academic conference to present your paper,

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Desmond, et al. v. Narconon, et at.

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1 and there's quite a number of those occur all the time. 2 So to give a paper, ultimately what you want to do is to 3 transition that paper from a conference presentation to 4 a publication. Far more credit for publications than 5 presentation. 6 So the answer is yes, there are numerous ones. 7 But, on that score I will say, which may be a question 8 you're leading to, I have only -- publicly, only on one 9 occasion have I ever talked about being an economic

10 expert. And that was at a dinner meeting with trial 11 lawyers and one judge in Cobb County, and it's been 12 probably ten years ago now, and it was an informal 13 gathering, and I talked to them probably 20, 30 minutes, 14 just generally what l do when 1 do a case. 15 Q. All right. About being an expert witness? 16 A. Right. 17 Q. And you talked about the papers that you had 18 or publications you had listed in Exhibit 1, and you 19 said that a lot of times you would have speeches 20 associated with these papers. Other than the speech in 21 Cobb County, did you have any other speeches that are 22 not reflected in Exhibit 1? 23 A. Well, I-- what I was trying to tell you is 24 that there are numerous ones, probably another 20 pages 25 of presentations, which I have on file if you'd like to

Page 46

1 have a copy of them. But what I was trying to alert you 2 to, none of them talk about what we're talking about 3 here today. But I'd be happy to provide them to you. 4 Q. What do you consider your areas of expertise? 5 A. Well, it's varied. Obviously, my starting 6 point was the area of the Soviet Union; we went through 7 that. Then I got into intellectual property rights. 8 Then I got into general models across the world in ten11S 9 of developing economies. Then I got into and have been

10 involved in economic education and entrepreneurship 11 education now, since I went to Georgia State. I set up 12 the Center for -- International Center for 13 Entrepreneurship, of which I was the director. And ran 14 that for a number of years. And when I left, the 15 College of Business continues that position, or at least 16 that thrust of their activities. 17 So it changes over time, as one develops and 18 interests change, and of comse the more senior you are 19 the more capable you are of shifting, not only in a 20 technical way, but more in-- if you have changing 21 interests, then you can pursue whatever your interests 22 are; you're not constrained, if you wiJI, by what you're 23 doing. 24 And I was mainly more focused on policy than I 25 was on the more technical things. There are a number of

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technical papers in there. But policy was always important; as I said, the last years, we were looking at how do we deal with this issue of transitioning the demise of some industries to others and what happens to those workers. So it has application, if you will, more than theoretical.

Q. But as we sit here today, what do you consider your areas of expertise? Obviously economics, but within economics what are your areas of expertise?

A. I would say the ones that I just described are the ones that they are; dealing with labor force transition training; also with respect to entrepreneurship and economic education, still involved in that to some extent. I'm secretary/treasurer to the Society of Economic Educators; we meet annually and discuss issues about that. It's a small group, of25. And -- 27 now. And that's pretty much what I do. I am not currently writing any longer, researching. But out of choice.

Q. Do you belong to any professional groups or organizations at this time?

A . On -- other than the Society of Economic Educators. The members of the groups that we talked about, the historical ones, or all of the associations, academic associations, it's a matter of simply joining,

Page 48

paying your dues, and you are a member. It's not a selection process. Except the Society of Economic Educators, of which I was one of the founding 13, and we have a limitation on how many people you can take in annually. But other than that -- in other words, you have to be selected to join. You're not automatically if you send in your dues.

Q. And you--A. We do ask for dues, however. Q. And you were selected to join-- well, you

said you founded Society of Economic Educators? A. Correct. Q. What do you have to do to be selected to be a

member of that group? A. Well, you have to have-- first, you have to

have academic credentials, you have to have some expertise demonstrated by your writings and/or your development of materials in the area of teaching economics. And so that's pretty much how we -- one of-- that's a set of criteria that we utilize. Typically it's very difficult to get in, because it requires an 80 percent vote to get in, and that's not easy in any organization. Probably sororities and fraternities are more stringent.

Q. How many people are in this society?

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1 A. 27. 2 Q. When did you found that society? 3 A. I think it was probably -- oh, date-wise, 4 probably around-- somewhere around 1980. Could have 5 been a little bit before or a little bit after. It's 6 been around for a while now. 7 Q. Have you ever been sued? 8 A. Only tangentially, through my wife's 9 participation with an interior design firm. They

10 opened -- purchased a property and opened an outlet in 11 Athens, Georgja, and after probably a couple years they 12 decided that that wasn't working. So we sold the 13 property--when I say "we," I think I was on the title 14 somewhere because we conttibuted money to it--and there 15 was a suit ftled because after the closing they had 16 discovered that there were some termites, and so it was 17 resolved after that. Never went to trial or-- I don't 18 think there were ever any depositions, even. 19 Q. But you were a defendant in that case? 20 A. I think so. 21 Q. Do you remember where that was? 22 A. In Clarke County. 23 Q. How long ago? 24 A. Oh, that's been a long time. Let's say at 25 least 20 years. My wife's been retired for 15.

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1 Q. And what was her job? 2 A. She's an interior designer. Has her own --3 had her own firm--or still does, at this point--called 4 Across The Pond Enterprises. Taking on the fact that 5 she's back and forth between Ireland and the United 6 States. 7 Q. Any oilier times iliat you've been involved in 8 litigation as a party? 9 A. No.

10 Q. Have you -- and I apologize, I don't mean to 11 be offensive, but have you ever been charged with or 12 convicted of a crime? 13 A. No. 14 Q. Going back to your experience as an expe1t 15 witness, have you ever had a court say that you could 16 not testify in a case as an expert? 17 A. No. 18 Q. Just before this deposition you gave me a 19 stack of documents which I understand constitute your 20 file? 21 A. Yes. 22 Q. And we're going to mark that, but please feel 23 free to refer to it whenever you --24 A. Okay. 25 Q. -- need to during our time this morning.

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When were you first contacted about this case? I want to think back in October. Of...? 2011. October 11 , 2011. It's the first

correspondence I had. (Thereupon, Mr. Kerew exited the deposition room.)

BY MS. WHITLOCK: Q. And that's a letter from Jamie Davis to you? A. Conect. There may have been another

transmittal I don't have a copy of, which would have been a retainer check of$2000. Which I have been paid.

Q. I'm not going to mark this section of the ftle, but I am going to mark this, so let me just identify this for purposes of the record. I've got a letter dated December 6, 2011, from Jamie Davis to you, saying, "I enclose case materials for your review," and then there are some handwritten notes that are Bates stamped Desmond DGA 559,262,565,368,448,450,451, 522, 358, 345, 336, 452, 526 and 529. And then tl1e deposition of Patrick Desmond and the deposition of Mary Desmond. Those documents in addition to this stack that I've marked as Exhibit 3, does that constitute your entire file in this case?

Page 52

A. Yes. Let me see what you -- let me see what's in that stack.

Q. Here, let's put an exhibit sticker on it, so we ...

(Thereupon, marked for identification purposes, Defendants' Exhibit No.3 .)

MR. MANTON: Dr. Rushing, we'll rely on you, if you need a break, --

THE WITNESS: Okay. MR. MANTON:-- ifyou'lljust let us

know. THE WITNESS: All right. Now, these notes reoccur in here as well

as here. So these must be what I'm holding right there. Okay.

BY MS. WHITLOCK: Q. You're saying that tile notes that I read tile

Bates numbers off are included in what we've marked as E~bibit 3?

A. That's correct. (Thereupon, Mr. Kerew entered the deposition room.)

THE WITNESS: I believe so, yes. I did not see, though, in there the

addendum to the report. Is that in that


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http://ReachingForo TheTippingPoint.net

Desmond, ct al. v. Narconon, et al.

1 stack? 2 BY MS. WHITLOCK:

Page 53

3 Q. I don't think any of your rep011s -- wait, 4 wait, wait. This has a report dated December the 6th, 5 but I think that your two addendums are not included, so 6 we will want to mark those. --7 A. Okay. 8 Q. --Separately. Actually, I may want to do 9 that anyway.

10 As I understand it, you have three reports. 11 The first one dated December 6th, the second one dated 12 December 8th--13 A. 7th. Should be a 7. 14 Q. December 7th. --and then the third one dated 1 5 December the 8th; is that correct? 16 A. That is correct. 1 7 Q. And why don't we just mark those reports 18 Exhibits 4, 5, and 6, in chronological order. 1 9 (Thereupon, marked for identification 20 purposes, Defendants' Exhibit Nos. 4 21 through 6.) 22 BY MS. WHITLOCK:


Page 55

1 don't remember; there was probably a telephone 2 conversation before that by -- from someone. I don't 3 remember whether Mr. Harris had called me previously, or 4 Ms. Davis did. I just don't recall. 5 Q. But--6 A. Typically, I would not have anticipated that 7 the flim would have sent me materials unless we had 8 already agreed that l would take on the case. So there 9 must have been a conversation; I have no notes on that,

1 0 however. 11

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Q. Do you have any recollection of it? A. To be honest with you, no.

1 3 Q. Had you ever worked for the Ranis Penn firm 14 before? 1 5

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A. I had worked for them, yes. Q. In what other cases have you worked for them? A. Oh, I probably couldn't give you a citation on

18 that. I think I did a deposition not too long ago for 19 the firm, but 1 don't remember the case title. But it

would be listed on my list of cases. But it's --20

2 1 they're not identified by attorney. 22 Q. That was going to be my question. So

23 Q. I don't have clean copies of those reports. 23 Exhibit 2, they would be listed here on Exhibit 2? 2 4 Do you have a clean copy of them? You can keep the one 24 A. Yes; and my recall, it was this-- the year 25 that's marked during the deposition, but I just want 25 2011 I did a deposition.

Page 54

1 to.. . I've got the last one, the 8th. Do you have a --2 A. I have the 8th. 3 Q. -- 6th-- do you have a 6th and a 7th? 4 A . Wait a minute. I have a 6, is in this stack. 5 Q. Okay. 6 A. So are you pulling it out of the stack? 1 Q. We'll mark it within the stack, but we'll make 8 it No.4. 9 And then do you have a clean copy of the

1 0 December 7? 1 1 A. Yes, I'm double-checking that now. Yes.

Q. Okay. 12

13 So we pulled Exhibit 4 out of Exhibit 3, and 1 4 it was the report dated December 6th, your first report.

A. Okay.

Page 56

1 Q. Can you look through Exhibit 2 and--2 A. See if it--3 Q. --see if you can recall which of those ca&es 4 you worked with Harris Penn on? 5 A. 1 think-- I think that would be unlikely, but 6 I will be happy to -- I will try to go back on 201 1 to

see. 7

8 Q. And so--9 A. My memory may be better than ...

10 Q. So that you are not rushed, let's take a short 11 break while you're doing that, if that's all right with 1 2 everybody. 13 A . Okay. 1 4 (Recess at 11:21, resumed at 11 :25.) 15 BY MS. WHITLOCK: 15

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Q. And addendum dated December 7 is marked 16

Exhibit 5, and addendum dated December 8 is marked 1 7

Q. Dr. Rushing, I think you said that you had reviewed Exhibit 2, audit did not refresh your

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the 11th. By whom were you contacted?

1 8 recollection about which cases you had worked on with 19 Harris Penn? 20 A. That's correct.

A. Well, the-- the name on the correspondence is 21 Q. On how many prior occasions have you worked Jamie Davis, who's a paralegal. 22 with Hanis Penn?

Q. Is Ms. Davis the one that contacted you? 23 A. I think not more than a couple. Three, maybe. A. That is the only thing that I have in the way 24 I mean, I've worked with Mr. Harris before.

2 5 of documentation on who the correspondence was with. I 25 Q. What kind of cases have you worked on with

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1 Mr. Harris?

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1

2 A. They've either been wrongful death or personal 2

3 injmy. 3

4 Q. You don't remember which? 4

5 A. No. 5

6 Q. When you were contacted in October of-- is it 6

7 October of2011? 7

a A. Correct. a 9 Q. --what were you asked to do? 9

10 A. Well, there's nothing in the letter that 10

11 specifically requests anything, but, as I said, there 11

12 must have been a conversation of some kind. That went 12

13 on, in which my assumption was that I was to do an 13

14 analysis -- an economic analysis, or do an analysis of 14

15 the economic losses of Patrick Desmond. 15

16 Q. Were you given any information about Patrick 16

17 Desmond? 17

1B A. It was transmitted in the file. It's under 1B

19 Defendants' Exhibit-- whatever that nmnber is. 19

20 Q. 3? 20

21 A. 3. 21

22 Q. And on the letter-- 22

23 A. And then sub-- excuse me, but subsequently I 23

24 received, tlus week, the depositions of the parents of 24

25 the deceased, and also his handwritten notes that he 25


you remember what those materials were? A . The ones that are in that-- under that

exhibit.

Page 59

Q. So everything that's in Exhibit 3, with the exception of the report that we pulled out and marked as Exhibit 4, was sent to you --

A. Except -- let m e see. I believe that's -except for the information that I extracted off of-or, pulled off of the Internet pertaining to firefighting. I think some of that is in that exhibit as well. That was not transmitted to me by plaintiffs attomey.

Q. Let's do this, if you would . Let's start on the front page, and if you'd just go through and identify the various documents that are part of your file. This looks to be an E-mail transmittal sheet, is the front page?

A. Yes. Q. And that's dated December the 6th? A. Yes. Q. And that's, I think you told me, when the

depositions were transmitted to you electronically? A. Yes. Q. All right. And that's the part of the file

that we identified but didn't mark earlier, December 6,

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had-- while he was at the institution. Facility, I should say.

Page 60

1 with the depositions of Mr. and Mrs. Desmond and these 2 handwritten notes?

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Q. In your conversation of October 11, what were you told about the facts of this case?

A. I wasn't -- I don't have a recollection of any 6 telephone conversation on October 11th. What I have was

the transmittal of documents on October the 11th. They were FedEx'd actually on the 12th.

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Q. So you don't have any recollection of what you may have been told in the telephone conversation?

A. No. Prior to the 11th of October. I do know 12 that -- that I have -- I probably called Ms. Davis and 13 said, "Who is the lead attorney on this case," and she 14 said "Jeff Davis." "JeffHanis," excuse me. And I 15 also said, "I did not see a date of death," and she told 16 me it was June 11, 2008. 17 Q. Were you given any information about how the 1 a decedent had died? 19 A. No. 20 Q. Were you given any factual information upon 21 which you have relied that was not transmitted in 22 written fonn? 23 A. No. 2 4 Q. The letter of October 11th that's in your 25 file, Exhibit 3, says, "I enclose case materials." Do

3 A. Correct. 4 Q. You weren't given any depositions other than 5 Mr. and Mrs. Desmond? 6 A. That's conect. 7 Q. Then the next thing I see is a letter of B October 11, that's the one that we've talked about, and 9 that's your handwriting that says "JeffHanis, date of

10 death June 11 "? 11 A. That is. 12 Q. Then what's crossed off on that page? 13 A. What do you mean, "crossed off'? 14 Oh. That is the name of another attorney, and 15 I --my question is -- and, actually, that's with 16 another law flrm. So obviously it isn't the lead 17 attomey in this case. 18 Q. Then--19 A. I think it's Piata. 20 Q. -- there looks to be four handwritten sheets? 21 A. This I think you've taken out, but I don't --22 Q. Right. The report we took out. 23 A. There are one... The flrst handwritten sheet 24 pertains to the economic losses with the assumption of a 25 position of-- as firefighter. The second one is a high

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Page 61

school profile, the third one is an associate degree profile, and the fourth one is a bachelor's degree profile. Following that are the --

Q. Wait, wait. Let me back up for a minute. Is this your handwriting?

A. Yes. Q. So what's in the original, they're green

sheets, is information you got from a source other than Harris Penn?

A. These? Q. Or did these come to you from Harris Penn? A. I generated the information on these sheets.

What you will find on the first page where it says "Patrick William Desmond," I have his date of birth, his date of death, then I say he's a high school graduate, infmmation that I drew out of the information provided tome.

Q. Okay. A. It's simply transferred to this paper for

quick reference. Q. All right. A. Then there are the handwritten notes which

you've already identified. By Mr. Desmond. Q. Okay. Mine is in a different order, so let me

get those out. So we have handwritten notes, okay.

Page 62

A. Then there is a Brevard Community College transcript, which mine is stapled. And I think.. . I

3 was just confmning it was all Brevard Community College 4 material, and I think the answer is no. s I -- well, what it is -- attached in the 6 Brevard materials is the documentation on his receipt of 7 a high school diploma, issued May 1, 1998, by American 8 Academy, adult high school. 9 Q. Okay.

10 A. Do you see that? 11 Q. This?


Page 63

1 salaries for firefighters, and at the top it refers to 2 averages for Melbourne, Florida, in my handwritten 3 notes, and Gainesville identified. Which actually were 4 identical. 5 The next page is a death ce11ificate. 6 Q. Okay. 7 A. The next page is a Tele -- TeleFile tax record 8 for 2003, 2004, 2005, 2006. 9 Q. Okay.

10 A. The next is additional information off the 11 Internet on Florida State Firefighters' Association. 12 Gives some job openings identified in firefighting. 13 The next is an extraneous piece of paper with 14 one WQrd, "firefighter," on it. Are you there? If not, 15 you can throw it away. 16 Q. Okay. Is that your handwriting? 17 A. That's my handwriting. 18 Q. Okay. 19 A. The next page I have is-- talks about-- oh, 2 o position details, but this is Cobb County, a career in 21 Georgia, obviously. But I had looked at Georgia as 22 well. 23

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And then the next one is on Florida frrefighting -- excuse me, Florida fire depm1ment job openings. Which they list a number; this one in

Page 64

1 particular is Seminole County. Then it runs through I 2 think-- it's three pages of that. There's -- there's a 3 firefighter-paramedic in Temple Terrace. Then there's 4 another one that is identifying Clemwater, Florida, as 5

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an opening. Then after that comes the Plaintiffs'

Responses to Defendant's Nar--is it (Pronouncing) Na:r-CON-an?

Q. (Pronouncing) NAR-ca-non? A. Narconon of Georgia.

12 A. Yes. But it was attached to -- presumably was 12

And then the Plaintiffs' Response to Defendant's Lisa Robbins. And that's what I have, at least in the stack you identified as Defendants' Exhibit...

13 submitted to Brevard Community College. 13

14 Q. Okay. 14

15 A. Then I also have the next, is stapled also, is 16 records from tl1e Edison State College. 17 The next m·e -- is materials which I got off 18 of the Internet. 19 Q. Wait. What did the Edison say? I don't see 20 the Edison State in mine. 21 A. Here it is. 22 Q. I don't think my set bas that. 23 Yeah, I don't have that. Okay, so Edison 24 State? 25 A. Okay. Then the next page I have is on

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Q. 3. All right. Other than what you have identified we have now gone through as Exhibit J ti, there any documents that you reviewed or relied on in reaching your opinions in tllis case?

A. Yes. Q. What were those? A. Now, we've already identified the depositions,

right? Q. Yes, sir. A. Okay. Then the additional document... We

have a deluge of paper.

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Desmond, et at. v. Narconon, et al.

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MR. MANTON: Those are actually my copies.

THE WITNESS: This is what I think I'm looking at, but...

MR. MANTON: Yeah. THE WITNESS: I have the amended notice


Page 67

1 of age. To the right ofthat it says "Life expectancy 2 46.25 years." That is taken from the Annuity Mortality 3 Table for 1949, Ultimate. 4 Q. And what does "life expectancy" mean? 5 A. I always do that. It is not utilized in this 6 case.

7 of deposition, which technically should be in 7 Q. But what does it mean? a the file as well. And there's another page; 8 A. What a life expectancy means? 9 it goes on and on. 9 Q. Yes, sir.

10 BY MS. WHITLOCK: 10 A. That means for a male who is 28.28 years of 11 Q. Probably one more. 11 age, he will have a life expectancy, according to the 12 A. Okay. And I think these two --or, at least 12 life expectancy table, of an additional life of 46 .25 13 one of these documents is maybe not cited in the report, 13 years. That is simply based on his-- the age, sex of 14 and one of them is Table B-47, "Hours and earnings in 14 the individual. 15 private non-agricultural industries, 1964 to 2010." 15 Q. So that's a generalization, that's not how 16 And another is Table B-64, "Changes in 16 long Patrick D esmond would have lived? 17 Consumer Price Indices for Commodities and Services, 17 A. No. 18 1933 to 19 --"--excuse me, "to 2009." 18 Q. And what else can affect life expectancy, 19 Q. And these you did not include as pa1t of your 19 besides, I think you said, age and sex? 20 file? 20 A. Well, I'm just saying that those data reported 21 A. Well, I extracted them. I mean, I have them 21 are by those two dimensions, age and sex. And so the 22 on my desk for use for reference material. They were 22 table is a one-page table, and it shows you that a 23 not technically in my file, but I utilized them in this 23 28.28-year-old male would expect to have additional life 24 case. 24 of 46.25 years, based on the sample of the population in 25 Q. Can-- 25 that particular m01tality table.

Page 66

1 A. And I brought them to you. 2 Q. Which I appreciate. Can I mark these? 3 A. Youmay. 4 (Thereupon, marked for identification 5 purposes, Defendants' Exhibit Nos . 7 and 6 8.) 7 BY MS. WHITLOCK: 8 Q. So we've just marked those as 7 and 8. Any 9 other documents that you've -- and I did not mark the

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notice. A. Okay. The only ones are ones that are

identified in the report. Q. All right. Which we'll get to as we go

through the report. Going back to your file materials, I want to

look at the green sheets, the handwritten sheets. A. Okay. Q. Can you tell me what these are, please, sir. A. Yes. I think we-- probably my brief

Page 68

1 Q. But you said that those are the only two 2 factors it takes into consideration. You would agree 3 with me that other things affect your life expectancy, 4 your individual life expectancy,--5 A. Yeah. 6 Q. -- correct? 7 A. Presumably. And those are-- the sample is 8 drawn from a population. The population would have a 9 cross section of all characteristics of individuals

10 within that population, and hopefully the sample drawn 11 from that population will have a mixture of those

characteristics in it. 12

There are numerous things that will affect it. 14 But when you're dealing with large statistics, they are

not broken down. It's not specific to any particular characteristics other than age and sex.

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17 Q. What are some of the other characteristics? 18 You said there were numerous; give us some examples. 19

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description previously to their being in the file 2 o describes what they are. One-- the first green sheet, 21

which is not green in your-- on your exhibit, is-"Pattick William Desmond" at the top; his date of birth,

A. Well, you know, whether you have any illnesses, or whether you are disabled or not disabled. Wl1at the nature of your disability might be. Whether or not you have particular illnesses that may impact you. Also one of the impacts that are not predictable of course is whether you are going to step out in front of a car, or a car is going to hit you as you're crossing a

2 4 February 28th, 1980; his date of death is June 11, 2008. 24

25 That meant at the time of his death he was 28.28 years 25

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Page 69

1 crosswalk, or lightning is going to strike, or a number 2 of other things. Presumably, what it says, what would 3 occur for one individual would be specific to that 4 individual, but in a generalized data presumably what 5 they're showing is what the expectancy are of that total 6 sample. As it would generally apply to an individual 7 with those two similar characteristics. But there are 8 numerous things that would be in, you know, that natural 9 is -- the health characteristics of males versus health

10 characteristics of females has normally dictated that 11 females live longer than males. So that's an important 12 characteristic; just to be a male, you're saying you're 13 going to have, on average, a shmter life than if you're 14 a female. 15 Q. Would you agree with me that prior drug and 16 alcohol use would affect your life expectancy? 17 A. I don't know. I couldn't say. It has a 18 possibility to, obviously. 19 Q. Would you expect somebody who had been 20 drinking alcohol since they were 13 years old to have a 21 shorter life expectancy than someone who bad not been 22 abusing alcohol since he was 13 years old? 23 A. I would not have any expectancy at all, 24 because I wouldn't be able to assess those 25 characteristics as they impact the individual's health.

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future employment. Q. Other than a general statistic, do you have

any information that led you to believe that Patrick Desmond would actually work 33.4 years, had he not died?

A. Would you repeat the question? I must have been thinking ahead of them. Go ahead.

Q. Yes, sir. Other than the statistical -A. Right. Q. --analysis, or the book that you told us

about that bas the statistic in it, do you have any specific information that led you to believe that Patrick Desmond would have worked for 33.4 years had he not died on June the-- I thought it was 12th, of2008. But in June of 2008.

A. No. It is strictly from that statistical source.

Q. Actually, maybe it was the 1Oth and 11th, instead of the 11th and 12th.

MR. YAEGER: It's got the 11 tb on the death certificate.

MS. WHITLOCK: All right. Thank you. BY MS. WHITLOCK:

Q. All right. Then your next line is "High school graduate, 1 May 1998"?

A. Correct.

1 Q. That's outside your scope of expertise? 2 A. Totally.

Page 70 Page 72

1 Q. And you got that from the transcripts that we 2 saw earlier?

3 Q. All right. Then the next one is "Worklife, 3 A. Correct. 4 33.4 at 28.28"; what does that mean? 4 Q. Do you know if Patrick attended the --what s A. That means what is reasonable to expect. He 6 would have been in the workplace and employed starting 7 at the year-- at the year 28.28, or the date of his

5 was it, the American Academy? 6 A. I don't think it was a case of attending. I

8 death, essentially. So what we're saying is, if-- at 9 that year, how many years out into his future is it

7 believe it was some kind of a course that was performed 8 online. Maybe not online, but was set to be off-site . 9 And I believe it was one that his father had

10 likely he would have found employment, and the answer is 10

11 according to the statistics in the table, which is 11

12 Gamboa Gibson Worklife Tables, 2010. I think if it's 12

13 not listed in there, that's the source of that, the 13

14 worldife estimate. 14

15 Q. Okay. 15

16 A. And so that's what it tells you. So it 16

17 essentially is stmting in the year 2000. Though, as we 17

18 go down the other infom1ation, I can show you how that 18

19 comes into play. 19

2 o Q. Well, let me ask you a question. When you say 2 o 21 "worklife expectancy," that's again a generalization, 21

22 that doesn't apply specifically to Patlick Desmond? 22

23 A. That is a statistical source; it says the 23

24 likelihood of an individual with that age, sex and 24

2 5 education would have had that amount of additional 2 5

implemented, having gotten all the relevant materials. And having passed the exams, I think that institution awarded him a diploma. I think his mother refened to it as aGED, but according to at least that source, it's a diploma.

Q. It--A. And I think his father referred to it as a

diploma. Q. And it sounds to me, from what you described,

it would be what a lot of us know as a correspondence course?

A. Could be. Yeah. That might be as good a description as any. I was just calling it off-site. And -- but I wasn't -- I'm not sure exactly how that operated; other than what is in the deposition of Mr. Desmond do I know anything about it.

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1 Q. Do you know if the American Academy is 2 accredited by anybody? 3 A. It must be, to a -- to a sufficient extent 4 that the Marine Corps, which I think requires a high 5 school diploma, certainly must have agreed that it met 6 that requirement. 7 Q. But my question is, do you know if the 8 American Academy is accredited? 9 A. I said I don't. I mean, I thought I said I

10 don't know. 11 Q. How do you know the Marine Corps requires a 12 high school diploma? 13 A. Just from various other things that I've done. 14 I don't know that I've seen it actually declared that 15 they require a high school diploma, but, generally 16 speaking, their preference would be for high school


Page 75

1 PE? 2 A. That's correct. 3 Q. And then when he went to the correspondence 4 course, his grades went to As and Bs? 5 A. That is also correct. 6 Q. When did he enroll at Brevard Community 7 College? 8 A. I think it should have it on here. 9 Just trying to find the date on here. It

10 shows the date he got his graduation from high school, 11 non-Florida high school. 12 The first record of his completion was May --13 14th of May 2001 to-- he went from 14 May 2001 to 14 7 August 2001. That would have been a term. So 15 presumably, if this is a full transcript, he would have 16 entered-- looks like a summer tenn.

17 diplomas. I think they at one point were having some 17 Q. So he was out for two and a half years after 18 difficulties, at the height of the Iraqi or Afghan 1B the correspondence course, and then enrolled at Brevard? 19 efforts, whether or not they should forgo that 19 A. I think if I'm --I mean, I would-- just 2 o requirement in order to keep their recruitment levels 2 o doing from recollection now, but I think he was in the 21 high enough to supply the requirements for the -- for 21 Marine Corps during part of that time. 22 the actions. But that was a public comment, not 22 Q. And actually I'm looking at Edison State 23 researched. 23 College; it looks like he was there in the summer of 24 Q. The American Academy transcript has records 24

25 from '94, '95, '96, '97 and '98; is it your 25

2000. So he was out from '98 to 2000. And is your understanding that he left the Marine Corps

Page 74

1 understanding that that was Patrick Desmond's entire 2 high school career? Or would there be another 3 transcript of other high school --4 A. Well, he must have attended high school 5 elsewhere, as well; certainly it would have been 6 required through age 16. In whatever location he lived. 7 Q. Looking at this transcript, it looks to me s like he went to Villa Rica Memorial High School in 9 Massachusetts?

Page 76

1 involuntarily, --2 A. Yes. 3 Q. --because they caught him doing drugs? 4 A . It's my understanding he left at the request 5 of the Marine Corps, yes . 6 Q. Because he was doing drugs? 7 A. That seemed to be what is reported by his s father. 9 Q. And did they tell you that he left the high

10 A. Well, his mother's I think had family in 10 school because he was drinking? He was kicked out of 11 Massachusetts. How long he was there I don't know. I'm 11 high school for drinking? 1 2 trying to retrieve what you're looking at. I think it's 12 A. I don't see that on the record, but I -- and, 13 the back of the Brevard, is it not? 13 once again, any information about his personal habits 14 Q. Yes, sir. 14 are all embedded in his mother and father's deposition. 15 A. Okay. Now what's the question? 15 Q. And you just don't remember that? 16 Q. It appears to me that be went to Villa Rica 16 A. I don't remember-- I think-- that particular 17 Memorial High School in Massachusetts? 17 statement I don't remember. 18 A. Yes. 1B Q. Would it be significant to you in detem1ining 19 Q. So it looks like he went there the first three 19 how long someone might work and in what positions they 20 years? Is that the way that you read that document? 20 would work to know that he didn't finish high school 21

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A. I'm just going down it. They give --yes; 21 because of an alcohol problem and then he was kicked out they report down through 1997 academic activities. 22 of the military for drug use?

23 Presumably the source was that you just described. 23 A. But then be had-- yes; I mean, all of that 24 Q. And the academic activity shows that Patrick 24 goes into one's profile of what is accumulated over 25 was getting primarily Cs and Ds, with a couple of As in 25 time. The other thing it does show is that he did go

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1 into Brevard Community College and did take courses and 2 did-- not in every case, obviously, but did succeed in 3 a number of courses at that time. It doesn't make any 4 reference to why he didn't complete a particular program 5 of study. 6 Q. When you talk about he completed successfully, 7 are grades important in determining how well someone a might succeed at the next step? 9 A. Sure.

10 Q. And when you say he succeeded, what I see is 11 he succeeded in weight training and tennis. 12 A. You mean where his best grades were. 13 Q. Right. 14 A. Yes. But Spanish 1, now don't overlook 15 Spanish 1. 16 Q. Spanish 1 he got a B, and in communications he 17 got an A. Algebra be failed? --1a A. Intermediate algebra. 19 Q. --Looks like all the way through. 20 A. I only see one, intermediate algebra. Are you 21 looking at others? 22 Q. I'm looking at intennediate algebra in May of 23 2001, and then intem1ediate algebra in August of 2001? 24 A. I'm missing ... I see the one where he made an 25 Fin math, 1033, is the-- oh, yes, I see. I've got it.

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1 Yes. Correct. 2 Q. And it looks like he withdrew from astronomy? 3 A. Yes. An E, W would indicate that. 4 Q. And withdrew from criminology. 5 A. Yes. 6 Q. And then he failed "Essentials of Nutrition"? 7 A. Correct. 8 Q. You would agree with me that nutrition is 9 important in life expectancy?

10 A. Yes. But I'm not sure we learn it in college. 11 Q. Then at Edison State he also failed algebra? 12 A. Yes. 13 Q. And he failed that--one, two--three times? 14 A. Yeah -- I'm seeing -- yes, one, t\vo -- three. 15 Yes. Correct. 16 Q. And be passed composition one year but then he 17 failed it the next year? 18 A. Must have been a different level. Yeah, he 19 failed Composition II. Correct. 20 Q. And he failed oceanography? 21 A. Cone ct. 22 Q. And he failed "Fundamentals of S_peech 23 Communications"? 24 A. Correct. 25 Q. Twice he failed that?

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What else do you lmow about Mr. Patrick Desmond's education?

A. That's about it. Q. And you just noted his dates of attendance on

your handwritten notes; you did not note how well he did, con·ect?

A. Well, I had the documentation on that. I would not have reproduced that.

Q. And then you said "Bartender," "Cabinet installer"? Where did you get that infonnation?

A. I think it's in his -- the deposition. I -- I might have misstated according to his father's description that he was doing cabinet installing in that year, 2006. I had "self-employed," but he wasn't self-employed according to his father. He was working for someone.

Q. Then you show -- I'm taking it this is his income in -- what year did you start? 200- --

A. -3. Q. -- 3? A. Uh-huh (affirmative). Q. So 2003, he made just over $4,000? A. Correct. Q. 2004, he made almost $23,000?

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A. Correct. Q. 2005, he made 17,000? A. Conect. Q. And 2006, he made 10,650? A. Correct. And I had-- that was a 1099, so

maybe that's what led me to believe that he was self-employed. So maybe he was contract labor, working with another person.

Q. Then the next figures you list are considerably more than those first figures. What are they?

A. Okay. Here's what we have here on the rest of this page. What you have is a gap between the last indication of his employment, which I had that it was 2006. 2007, I have no records of his being employed. If so, he didn't report anything. 2008 is the year of his -- that he died.

Q. Well, in June of2008, right? A. Yes. June 11, 2008. Q. So you don't have any record of him working

the last year and a half of his life? A. That's correct. Q. All right. A. So based on that, and the fact that he was in

a program presumably dealing -- trying to deal with

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1 issues that you have already described in terms of 2 consumption of alcohol or use of drugs, that I have 3 left -- purposely left a gap with -- all that I can do 4 is to say that there is some time within -- from the 5 date of his death to the time that I would assume he 6 could find employment would have been another year and a 7 half. So during that period of time, all I can assume 8 is that he would have used that to have done anything he 9 needed to meet his aspirations that he describes to

10 become a firefighter. 11 Q. What had he done to meet his aspirations to 12 become a firefighter? 13 A. Well, all I have is what he has written about; 14 that he was actively seeking to find out what some 15 prerequisites were, he wanted to see if he could 16 perhaps --he was describing what he would do more than 17 what he actually had done--18 Q. Had he actually done anything? 19 A. I don't -- not sure that he had. Because this 20 was his log, I think, while he was with the facility. 21 So all I am saying from my perspective that 22 between the date of his death and January 1, 2010, he 23 would have hopefully accomplished what was necessary to 24 be a viable worker, okay? And that if that be true, 25 what-if is where we really are on this. A hypothetical.

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1 If he had been able to successfully accomplish a number 2 of things between June 2008 and Januruy 1, 2010, then 3 what -- a profile of an individual's earnings as a 4 firefighter would be that which I have outlined on the s remainder of that page. Which is to say, what I did was 6 to go to some of the sites that you and I have talked 7 about being in my file, to look up to see what kind of 8 wages firefighters might earn in the State of Florida. 9 And there were a number of openings. I mean, are such

10 jobs available, and the answer is yes. If they are

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that he would have had to have done and so this is what-if. You don't have any way of knowing if he actually would have accomplished those?

A. That's correct. Q. And, as far as you know, he was never, ever

offered a job that would have paid him $37,396? A. That's correct. Q. Do you know if he ever even applied for a job

that would have paid him $37 ,396? A. I do not. All I know is what the records show

in tetms of what his actual earnings were in the positions he had prior to his death.

Q. And so you don't have anything for the last year and a half? --

A. Correct. Q. --That would be zero for the last year and a

half? A. Conect. Q. And you--A. Well, actually, zero from-- going back to

2006. I don't have anything for 2007 or 2008. Q. Oh, okay. And then--A. Which is a year and a half. I'm sorry, we're

saying the same thing. Q. You were talking about paramedics; at the time

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1 he died, he had no training to be a paramedic, as far as 2 youknow? 3

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A. Correct; I did not assume he did. Q. Okay. And you said that these jobs are

available, but a job being available is clearly not the same as having a job?

A. That's correct. Q. So he would have had to have applied? A . Couect.

11 available, what are kind of the requirements of the job; 11

12 many of them permit you to come in, you'd have to go 12

13 through a number of steps, but-- clearly you'd have to 13

14 have a high school education, almost all of them that. 14

Q. And he would have had to have been selected, presumably over other candidates, to get the job?

A. Correct. Q. Do you have any information about whether

ptior drug or alcohol use would factor into whether he might be offered a job as a firefighter? 15 Some advanced education preferred. And this is assuming

16 that he has not done any of that that would qualify him as a paramedic. Because firefighters with paramedic 17

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16 A. All of the-- all of the listings that I saw 17 indicated that there would be extensive background check

and there would be drug tests prior to employment. 18

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training earn more money than firefighters. Q. Let me-A. So I have not assumed any of that to have

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Q. So would it affect a person's employability as a firefighter?

taken place, or occurred, but rather anything that he could have done that might have made him a more attractive candidate could possibly have taken place. I 2 3

21 A. I think to the extent that any ofhis records 22 were public records, they would be revealed at the time

they did the search, and that presumably if he were clean when they did the drug tests, he would test tl1at he was not taking drugs.

don't see any evidence -- well, it couldn't have. 24

Q. Well, you said there were a number of things 25

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Q. My question is, do you have any information about whether prior drug or alcohol use would impact the decision whether the job would be offered to Patrick Desmond or someone else?

A. No, I don't. And the-- all the information -- I guess what I was trying to say is, all the information I have about what their criteria would be for hire would be what they listed. Initially listed. Clearly there may be other factors that go into

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Q. Are firefighters employed by governmental entities?

A. These are all governmental entities. Q. You would agree with me that not all

governmental entities are giving three percent raises right now?

7 A. Right now I would agree with you that could be 8 possible. But I would also say if you look back on them 9 historically, that it would be not an unusual raise to

the selection process, and all of us must compete with 10 have gotten over time in many governmental units. all other potential candidates. 11 The -- there are two things that go into that.

Q. And- 12

A. But there are -- there are quite a number of 14 jobs available, so that's the first key thing, is that 14

there are jobs out there, and whether you're selected of 15 15

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Actually, the three percent I-- one of the documents 13 that you have, which is the wage change, which is "Hours

and eamings" --and granted these are for nonagricultural, but it's also private.

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course will depend upon a lot of factors. 16

Q. And do you know whether having a felony or 17

even a misdemeanor criminal background would-- or 18

hjstory, would impact the decision whether to offer the 19

Q. So this is Exhibit 7 you're talking about?

20 job to Patrick Desmond? 20

A. Yes. And then also this one, which is the price index; if you look at year-to-year changes in that, and the three percent is de1ived from looking at what average wages were over the last 30 years in the-in the case of the wage change, and if you look at the inflation over about the same amount of time, they tend to approach, if not equal to exactly, three percent.

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specifically in those ads. I'm sure it would be-- have 22

to be taken into consideration prior to hire. Q. Now, you were talking about competing with

other people. You would agree with me that being a

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firefighter is a competitive job? A. Yes. Q. And would you agree with me that today--tl1at

is, December the 9th of 20 11--just about any market in our economy is very competitive right now?

A. Yes. Q. There are a lot of people that are well

qualifted for jobs that don't have them? A. That's correct. Q. Now, you've got 37,396, and then there's four

figures listed under that. What are those figures, please, sir?

A. What I have done there is, the 37,396 is the median-- is what they're advertising the job pays, let's put it that way. And what I have done after that, the $38,518 represents a-- 37,396 raised by three percent, which would be a wage change for that year. And eacb subsequent year would bave a tbree-percent wage change.

Q. So you're assuming that he would get this job at $3 7,000 and then he would get a raise of three percent every year?

A. Yes. Over the remainder of his worklife, which is the 30 -- which terminates, in this case, in the year 2041.

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1 that tends to drive wage changes are inflation rates. 2 Because if you don't keep your employees at least 3 comparable to what the inflation rate is, then in fact 4 they would have a decline in their real purchasing 5 power. 6 So I'm not saying that this is going to 7 increase at three percent every year, is my prediction 8 of the inflation rate, but I think that it's 9 representative, if you do that over time, it would

10 probably capture what likely raises are going to occur. 11 But this is --12 Q. But you would agree with me that that has not 13 happened in the last three years? 14 A. Well, I can't tell you what firefighters' 1 5 wages, how they have changed in the last three years. 16 Q. You would agree with me that the current 17 economy is different than any other economy the United 18 States has ever seen? 19 A. No, I wouldn't agree with that. 20 Q. What has been similar --21 A. You had the --22 Q. -- to today's economy? 23 A. The Depression was far worse than currently. 24 We had a period of time back in-- back in the Reagan 25 years, the Reagan recession--though we don't refer to it


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1 as the Reagan recession; the recession in the early 2 '80s--in which you had even higher unemployment rates 3 than you have now. But you had a faster recovery. And 4 so the unemployment rates went down. So we have had --5 Q. Let me --I'm sorry, I--6 MR. MANTON: Let him finish his answer, 7 please. 8 BY MS. WHITLOCK: 9 Q. Well, I asked a different question; that's

10 why--11 A. Okay. 12 Q. -- I wanted to stop you, because I think I 13 didn't ask my question well, --14 A. Okay. 15 Q. -- so you're answering something different 16 than I--17 A. Okay. 18 Q. -- asked. 'Cause my question was, would you 19 not agree with me that the economy we have today is 20 different than any other economy the United States bas 21 ever bad? 22 A. It's different almost year to year. So you 23 are going to have changes over that. We don't have 24 enormous structural transfmmations that occur. They 25 tend to be-- ease in over time. We have had fairly

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1 significant changes, and I think the extent to which the 2 adjustment will occur is not fully known at this time. 3 And all we know is that the recovery is not moving as 4 rapidly, certainly, as we would like for it to. 5 Q. Then you have another column of figures, the 6 first one of which is 41,229? 7 A. Those are present value calculations. B Q. Of what? 9 A. Of wages.

10 Q. So you're going out --11 A. So if you go -- let's take -- you see the --12 the row that is number 12? 13 Q. Yes, sir? 14 A. Has "PV" next to it? 15 Q. Yes, sir? 16 A. That value is 39,674, and that's 39,674 in 17 present value; that means that's the present value year. 18 The next year it goes up to 40,864, but the present 19 value is 38,918. And it continues to decline after 20 that, which is simply reflective of the fact that 21 you're-- you're-- what you're using in the way of your 22 discount rate of five percent is going to lower. You're 23 increasing your wages at three, and you're discounting 24 at five, so essentially you're having a two percent real 25 discount over time.

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So if you look down at the bottom of this second column of figures, $22,117, what is that?

A. That would be the present value in the year 2041.

Q. Present value of what? A. Wages. Q. Of37, --A. No. Q. -- 396? A. I didn't do -- didn't go down and do the

present-- 1 didn't go down and do the wages in the year in which it was earned, because that's not the values we're looking for. What we're looking for is what the present value is.

Q. And, I'm sorry, I'm confused. But $22,117 is the present value of what wages? Where is the figure on here or--

A. I -- it's not on the sheet. Q. So it's the present value of what? A. Of whatever the wage would be that particular

year, in the year 2041, and I can do the calculation. You -- it's -- it's a one-step process. There's no need to -- if you're increasing all at the constant rate and you're discounting at the constant rate, you can do a one-step process, you don't have to go through inflating

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every year to come up with what the present value is. You can simply determine it by a multiplier of .98.

Q. And that's what we see here, is .9 and--A. .9 is-- to get the 28.28 we need a .9 at the

bottom, down here, to fill out the partial year for 2008, which was the year of his death. So his worklife is from the year of his death out 28.28 years.

Q. So the first row, that says number 10, 41 ,229, that is the --

A. Present value. Q. -- present value of what you think he could

have earned as a firefighter in 20 I 0? A. That he would have earned the $37,396, which

in present value is equal to $41,229. Q. All right. And then the last year that he

would have worked, the present value ofbis wages is 22,117?

A. That's correct. Q. Got you. All right. And that, you said, was

a partial year, that's the .9 year? A. Yes. Correct. Q. Then moving to the next column, it says

"Fringe, 24.3"; where did you get that figure? A. In my file you will see for Melbourne and

Gainesville a -- this one.

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1 Q. Okay. 2 A. And you will see here -- you see the talk 3 about the wage, the salary; then they talk about the --4 I have to-- the value of benefits, and they give an 5 actual dollar value on it, but then they also give you 6 the percentile. And so what I have taken up is the 7 Social Security, the 40l(k), the disability, the 8 healthcare and pension, and you get the percentiles out 9 there and I simply added those percentiles to come up

10 with 24.3 percent. ll Q. You did not include time off? 12 A. No. 13 Q. Why not? 14 A. Well, time off is nonnally in the salary. It 15 means that you don't have to go to work but you're 16 getting -- the salary is paying you for the time that 17 you're not working. 18 Q. Okay. 19 A. So it's interesting, I mean, sometimes I have 20 seen it accounted, but I've backed off of ever doing it 21 that way because it bas the potential sometimes to do 22 double-counting. In others, you're only paid -- your 23 pay reflects when you take your vacation time, they pay 24 you for those days, and it changes your income. And so 25 depending on how the particular employer works, it will

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1 depend. So I never include vacation time, sick leave 2 and those things in the fringe benefits. Though they 3 are technically fringes. 4 Q. This Salary Wizard, who creates that web site? 5 A. I don't know who creates it. That is the 6 source. I think what they do is actually collect a lot 7 of salary data for lots of different occupations. It's 8 just on the web site, it's just one that I came across 9 when I Googled in salaries for firefighters in Florida.

10 Q. How reliable is that source? ll A. Well, I think it would be pretty reliable, if 12 they're -- they're putting it out there for the purposes 13 of attracting people for applications. That the 14 source -- the information must have come from the 15 Melboume, Florida location, and presumably the people 16 interested, there's a way that you can file a 17 application through them. 18 Q. What tells you that this came fi·om a Melbourne 19 source? 20 A. Only because it says "Averages for Melbourne, 21 Florida." 22 Q. So you don't have really any idea where 23 Salary.com or Salary Wizard got these figures? 24 A. No. Other than they would have come from 25 Melbourne, Florida, would be my assumption. They were

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identical with the Gainesville, but if-- I think there's a couple others in there that I have that show different wages. In fact, higher. Some of them had higher wages, but they tended to have other characteristics in addition to just frrefighting.

Q. Well, when you say it was identical to the Gainesville, you mean it was identical to the Gainesville Salary.com information?

A. It's identical to the Melbowne, Florida.com information.

Q. Well, I thought the-- Melbourne, what we have is -- the only thing I see from Melbourne is --

A. This is Melbourne, right here. Q. But this is Salary.com. A. Yes. Q. Is that related --A. It's identifYing Melbourne as the site of the

job. Q. Right; but did the City of Melbowne put this

information out? A. I would have to assume so. I couldn't

absolutely confirm that they did, because I --Q. Did you check that? A. I did not check that. Q. All right. And when you say it's identical to

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the Gainesville, --A. There's another --Q. -- Florida information --A. -- page in there that goes with Gainesville,

yes. Q. On Salary.corn? A. Yes. Q. How did you --A. The way I came up with that source is what --

how I described; I just did a Google search looking for salaries for individuals as firefighters in Florida, and it comes up --there are multiple sites--this was just one--and you car1 do it by states or however. So you can look across. The Cobb County one, you'll find different information on the Cobb County one that I left in that file, though it was not utilized.

Q. Did Patrick Desmond, to your knowledge, ever have a job where his fringe benefits were worth 24.3 percent of his salary?

A. Not to my knowledge. He would have probably, if he were an employee, he would have had the minimum of the legally required fringes. Whether he had the health insurance and those things I don't know.

Q. And the "legally required'' would be the Social Security, right?


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1 A. Cone ct. 2 Q. And you would agree with me that none of us 3 are certain what's going to happen with healthcare? 4 With Obama's --5 A. I --6 Q. --new plan, we don't really know what's going 7 to happen to healthcare? B A. Well, as a fringe benefit, is that what you're 9 asking?

10 Q. Yes, sir. 11 A. Well, I don't think -- he doesn't dictate --12 the plan requires employers, I guess, to provide certain 13 kinds of things, but they've been providing health 14 insurance, and what this is saying is that most 15 municipalities do provide health insurance. Like most 16 governmental agencies provide health insurance. 17 Q. My question is, with the new healthcare plan, 18 can you tell us that Patrick Desmond's healthcare in 19 2010 would have cost $6,507? Or would have been worth 20 $6,507? 21 A. All I can tell you is that this source is 22 reporting that that is the cost associated with 23 providing health care to an employee. And they probably 24 had group health. And so that would have been the cost 25 that they identified. So it's the cost to the employer.

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1 And that's one way of measuring it, because the other 2 tum-- the other way of looking at is, what is it worth 3 to the employee. Which would be a different 4 calculation, if you had to go out on your own and come 5 up with healthcare independently of any kind of group 6 policy. 7 Q. But this is what Salary.com is saying it costs 8 the employer; you don't really la.1ow that, 1ight? 9 A. I'm only --know what is published in this --

10 this particular document. And it's saying that; that 11 actually sounds low to me. I think the raih·oad pays 12 $12,000 a year per employee. 13 Q. Was Patrick Desmond working for the railroad? 14 A. No. I'm sorry, that was just giving you some 15 basis of why I think 6,000 seems low. Because you look 16 at what altemative health that I have seen costing the 17 employer are considerably higher than 6,000. So it's a 18 pretty good group --19 Q. Do you know --20 A. --plan. 21 Q. Ob, excuse me, I didn't mean to intenupt you. 22 Do you know what cabinet installers pay for 23 healthcare for their employees? 24 A. I am not sure that they all provide it. 25 Cabinet installers, if he were -- if he were being paid

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as an independent contractor, would not have any fringe benefits.

Q. Including Social Security? A. He would have to pay it himself. Q. So that would not be something that his

employer paid? A. Correct. If you ftle -- well, I know this;

you probably all know this. Since I have to pay my own Social Security, myself, because I report my income and then I have to calculate what Social Security I have to pay.

Q. But it's not something that his employer would pay?

A. No. lfhe is an independent contractor-- if he is an employee, you're pretty well assured that by federal and state law they have to pay certain fringe benefits, and they're usually around 11-point-something percent.

Q. Okay. And what you're calling fringe benefits that they have to pay is Social Security and Medicare, right?

A. And unemployment and workers' comp. Q. You consider that a benefit to the employee?

Unemployment taxes --A. Yes.

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Q. --and--A. You certainly would if you were disabled or

you had an incident, or if you were unemployed; it becomes a benefit because they pay it to you during your unemployment period. And that's what was providing the funding.

Q. And if you're unemployed, then you're not getting your salary?

A. That's correct. Q. Then you've got on here 401 (k) and 403(b );

these are retirement plans? A. Yes. Q. And you've got on here pension plan? A. I don't have on there. I just am reading off

this --Q. Excuse me, the document has on there? A. Right. Q. Do you know of any job that Patrick Desmond

ever had where he participated in a 401 (k) or a pension plan?

A. I do not. I would think it not likely. Q. So you've got 24.3 percent as fringe benefits.

Then tell me about tllis last colunm of figures; it says "Post," I think?

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1 Q. I'm sorry, I'm going back to your green 2 sheets. 3 A. I'm going back to it. "Past" is what it says 4 here. 5 Q. Oh, "Past," excuse me. Okay. 6 A. So it's just saying what would it have been 7 for the years 2010 and 2011, and his wages would have 8 been 81,673 in present value. The fringes, using that 9 fixed percentage of24.3, would have been 19,467, so the

10 total for past wages and fringes is $101,140. ll Q. And then the "Future"? 12 A. That simply -- it starts adding the numbers 13 from line 12 down through line -- what would be line 41. 14 That comes to $900,684, and the fringe on that would be 15 218,866. So the total future would be $1,119,550. So 16 the total for both past and future is $982,357 in wages, 17 237 --excuse me, $238,333 in fringes, for a total of 18 wages and fringes of$1,220,690. 19 Q. Okay. And the second green sheet, it starts 20 with "Patrick Desmond, high school, 2010 full time, 21 mean." What does that mean? 22 A. Okay. I'm describing the data source. Now, 23 the next three that we're going to talk about all have 24 similar -- these are referred to as the addendum. 25 Q. Okay.

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1 A. Which was initially addendum dated the 7th day 2 of December, but it's been superseded now by the 3 addendum dated December the 8th, 'cause I made a 4 significant change. Going back and reviewing for 5 deposition and having read -- finally read all of the 6 depositions I had and reviewed his notes, I drew some 7 slightly different conclusions. 8 Q. Okay. 9 A. But if I may, but only at your pennission, if

10 I can describe the general methodology for high school, 11 associate degree and college. 12 Q. Okay. 13 A. And then we can go about talking about 14 specifics. But in all cases these are hypothetical. 15 When I say "hypothetical," it is assuming that if he--16 if he were not to be a firefighter, then he would have 17 entered the work force and sought a job with the 18 education he had already attained, which would have been 19 a high school diploma. So if you go to the Bureau of 20 the Census-- U.S. Bureau of the Census-- excuse me, 21 the U.S. Census Bureau, they have profiles for 22 individuals by sex, age and education. And the profile 23 essentially tells you what individuals with those three 24 characteristics eam in the U.S. economy. And when 1 25 say "full time," the data are for full-time employees in

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the economy. And the data are mean data. Means as opposed to median. Okay?

Q. What does "mean" mean as opposed to "median"? A. Mean is an average, a median is 50 percent

above and 50 percent below. So a mean can be somewhat distorted if you have a very highly skewed population, so you have a few people making 300,000 but most people are making 30,000, you average all of them together and you're going to find yourself probably having a higher average than you would have if you had taken and said, "Well, what's the median?" Then you would say, "Oh, the median is going to come up with a different value." Now, most of the time they're within very nan·ow distances from one another, but it is statistically significant whether you're talking about means or medians.

Q. Okay. A. So each of these has a profile. The profile

with high school diploma, a profile with an associate degree, and a profile with a college education. And if you look on the first one, which says "High school," it tells you-- on the left-hand column, the profile tells us that a 30-year-old male with a high school education at that point would be earning approximately 38,000 --in the-- from the sample, would be earning $38,663.

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Q. And that's 2010? A. That's 2010. And these data are 2010 data. Q. Okay. A. However, the next data year is that -

revealing for the years between 35 and 44. The average is 45 ,774. Are you with me?

Q. Yes, sir. A. Then the profile shows that between 45 and 54

it goes up to $50,216. However, when it goes up, then, to the next ten years, it falls slightly back, to 50,177. So what this is giving you, the data over the scope is telling you what kind of a profile of earnings males with high school education aTe likely to have.

Q. So you're saying it goes up and then it comes down?

A. The wage profile tends to look -- I'm sorry, tends to look like this (indicating).

Q. That would be like-A. Where you have -Q. --a hill? A. Where you have more rapid gains on the early

end and less rapid gains as you go up the curve, and then, as you peak out, out there in the future, it will tend to come down somewhat. Okay? Depending on when you peak and that kind of thing.

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Page 105 Page 107

1 Q. So you don't expect your income to increase 2 all of your worklife, is what you're telling me?

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straight-line inflation doesn't capture. And that is the possibility that he will get some kind of promotion or job enhancement along the way, other than straight-line wage change.

3 A. That's correct. Possibly out there in the 4 future. And that's why this wage profile, all I have 5 done here, in this case, is to say, "All right, I'm

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5 Q. So--6 using the same three percent to change it from 2010 7 dollars to future dollars, but I've got the same

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A. Does that make sense to you? Q. --the document that's called "High school,

2010, full time, mean" accounts for a possibility of 8 profile," because you look at what happens in present 9 value, you're still getting that same profile in the 9 promotion, and the document that we were looking at that

starts with "Patrick William Desmond" does not? Those calculations do not?

10 present value calculations, 'cause they're predicated on 10

11 the profile in 2010 dollars. Am I making any sense at 11

12 all? 12 A. Only to the extent that the average -- that 13

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Q. No, sir; you lost me on that. Can you do that 13 continuous three percent change might capture some of again? 14 that. But it's done from a base number that is enhanced

A. Okay. So what I did, the trrst thing-- this 15 at three percent per annum for the whole period. Now, will help. Look at row 15. 16 for instance, as we talked about flreflghting, if he had

Q. Yes, sir. 17 gone and gotten some paramedic training-- let's just do A. The first year we've changed. In 2010 18 a hypothetical, let's not talk about Mr. Desmond. Let's

19 dollars, at age 35 he would have been making $45,774. 19 just say hypothetically somebody had gone and gotten 20 But in dollars in 2015, be would have been making-- 20 some specialized training to qualify them for a higher 21 inflating at three percent per atmum, he would have been 21 pay scale. His wages would have gone like -- would have 22

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making 52,640, okay? 22 gone like this and then gone like that (indicating). Q. Okay. 23 Okay? A. That is discounted to 45,493 to get it back to 24 Q. And so that Jo can type it down, you're

2012 dollars. 25 showing a dramatic jump all at once?

Page 106 Page 108

Q. Which number is discounted, the 45- or the 1 A. At least a jump, of some-- some dimension, 52-? 2 that can occur. Ifhe became the manager of the

A. The 52- is discounted. 3 trrefighters, or the chief firefighter, or something of Q. Okay. 4 that-- I don't know when that-- if that would have A. And then we simply have the intervening years 5 ever occurred. And I'm not going to try and define an

from that base year. Then the next one we -- we have 6 income earning profile under that -- any kind of any set the next change in ten-year average is 50,216, it's 7 of assumptions. AU I'm trying to do is to say "Why is inflated to 78,337 but discounted to 41,669. 8 this number higher than the one for the firefighter?"

Q. What is this 15/13? 9 And that's why I think it is. And it's higher by A. That is telling me-- the 15 is the number of 10 $200,000.

11 years that we have to inflate the wages, and the 13 is 11 Q. Okay. And this document, "High school, 2010 12

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the number of years we use to discount. 12 full-time, mean" accounts for all jobs that you are Q. Why are they different? 13 eligible for with a high school diploma, whereas the A. Because we're discounting to the year '12 and 14 other one is limited to firefighters?

we're-- the wage data is '10. So I've got to inflate 15 A. Correct. So you would-- you would have-- I out two more years than I have to discount. 16 mean, technically he would have been eligible for any

Q. And the same would be true for line 35, 25 17 job that says the minimum requirement is a high school over 23? 18 diploma. Educational requirement.

A. Conect. So that's-- it's all-- we've used 19 Q. Right. it and we're tenninating him in the same year we're 20 A. Now, that doesn't mean he qualifies for every terminating him as a firefighter. 21 job that has a high school education as a prerequisite.

Now, you say, "Well, why are the data 22 He may have other skill requirements or experience different? I mean, he was a firefighter, he was a high 23 requirements or any other kinds of requirements. school graduate." The reason that this is slightly 24 Q. That he doesn't have? higher is because what this data captures is what a 25 A. That he may or may not have.


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Page 109

1 Q. And the mean, by definition there's going to 2 be lots of high school jobs that make less than $38,663, 3 as well as some that make more? 4 A. Correct. 5 Q. And then the associate's and the bachelor's 6 degree? 7 A. The associate's degree is essentially the 8 same. Once again you'll see there the handwritten 31, 9 that's his age, at which -- so I had to give him some

10 additional time because he did not have an associate 11 degree. He would have -- this would have to assume that 12 he was able to get an associate's degree. 13 Q. In three years? 14 A. That's right. 15 Q. Because he was 28 when he died? 16 A. Right. 17 Q. Okay. 18 A. So hypothetically that's saying, he had some, 19 as you've pointed out in his transcripts, he had some 20 course credits but he had a ways to go, I would think, 21 to get an associate's degree, so that should be 22 adequate -- possibly adequate time to have gotten there. 23 Q. Did you do any research to figure out how many 24 more hours he would have needed to get an associate 25 degree? How many more college hours he would have

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1 needed to get an associate degree? 2 A. ln this partie -- specific case, I wouldn't. 3 It's-- you know, generally speaking, a full-time 4 student could do it in four aca --four semester -- four 5 semesters. Kick in summers, it could be more, but it 6 would assume that you-- he's devoting himself to the 7 educational process. 8 Q. And that he's passing the classes? 9 A. Absolutely. Yes. He has to-- he has to pass

10 all the prerequisites to get the associate degree. 11 Q. Don't most colleges require that you get at 12 least a C to get credit for the class? 13 A. No. They don't. D--well, historically D 14 had -- had some possibility. You're probably more 15 correct today that that would be. When I taught at 16 William and Mary, which was, as you know, '72, '74, they 17 didn't give any grades but A, Bs and Cs. T11ere was no 18 other grade. 19 Q. So you--20 A. So if you didn't --21 Q. -- didn't get credit--22 A. If you didn't --23 Q. --if you didn't do that well? 24 A. -- get an A, B or C, you didn't get a grade. 25 That was not true, hist01ically, across all

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institutions. They would give some grade point weight to a D. And I don't know whether they did in this case or not.

Q. At Brevard you don't --A. Yeah. I--Q. -- know whether they did or not? A. Well, it will show you.

I don't know that he has -- okay, a D is one quality point.

Q. I see. A. So you did get credit. Q. Where are you seeing that? A. Up here (indicating). It gives you As, Bs, Cs

and Ds, and then they give you the grading system and what the quality points.

Q. That's where you see "QP"? A. Yes. Q. "QP poor"? A. Well, if you-- you wouldn't say Dis a grade

that you would search out. You would want to get an A, obviously, because that's excellent. But that gives you-- and that gives you four credit-- quality points. B is three quality points, C is two quality points, and D is one quality point, but it's credit. So you get one quality point, so what they would have, that goes into

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your grade point average, and if you'll look down here, his cumulative grade point average was 2.32.

Q. Okay. A. Which is C. Q. All right. But he didn't get any Ds, so he

didn't--A. No, I don't see --Q. -- get any cr -- okay.

And he didn't get any credit at all if he withdrew or failed a class, 1ight?

A. That's correct. Q. And so he would have --A. You see his quality -- his credits earned

would be zero under those circumstances. Q. So he would have to complete the class and get

at least aD to get credit at Brevard Community College, as we read this record?

A. That's correct. Q. And if he didn't do that, then he wouldn't get

the -- and he had to do that in two years, according --A. Well, he had some-- some credit hours, but,

you know, not a lot. Let's see how many credit hours it shows. If I can read these records.

Anyway, they -- it should state in here what -- you simply sum up the credit hours that he has.

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1 And all -- all courses are not weighted equally in the 2 credit hours. You can see Spanish has four, whereas 3 communication has three, whereas weight training has 4 one. So the -- the institution weights, also, credit--5 credit hours. 6 Q. And that's typically what they require, is a 7 certain number of credit hours in order to get a degree, 8 right? 9 A . Correct.

10 Q . And you can't tell by looking at this how many 11 credit hours Patrick Desmond had in June of2008 when he 12 died? 13 A. Well, I can add. I can add them up. Three, 14 seven, eight, nine, 13, 16, 19, 22, 25 credit hours. 15 Q. And down at the bottom it says "25 points"; do 16 you see where I'm reading? 17 A. I'm not, I'm sorry. 18 Q. At the very bottom, it says, "End of 19 transcript," and the line above that says "Term dates," 20 and then above that it says ... 21 A. Oh, yes, I do see it. 22 Q. All right. And that's --23 A. That's the same 25 I came up with. 24 Q. All right. Do you know how many --25 A. But I didn't read it off. That would have not

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1 been fair; I had to add. 2 Q. Do you know how many credit hours Brevard 3 Community College required to get an associate's degree? 4 A. I don't. 5 Q. But other than this requires--this middle page 6 requires--an associate's degree, is it the same 7 calculation that you did for high school? 8 A. Yes. 9 Q. You took the mean salary --

10 A. Inflated it at three percent and discounted it 11 at five percent. 12 Q. All right. 13 A. Now, it changes, however, when we get to the 14 bachelor's degree. 15 Q. Wait a minute. Let me--16 A. Okay. 17 Q. -- stop you and go back to the associate's 18 degree. 19 A. Okay. 20 Q. Does this associate's degree page account for 21 possibilities of promotion and increase more or 22 different than the three percent? 23 A. No; it's got the same profile. Has the same 24 profile. In terms ofwages. 25 Q. Okay.

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A. You can see it goes fi·om 58- to 60- to 58-. So it's saying it's rising and --

Q. And then it comes back down? A. (Witness nods head affirmatively.) Q. Okay. And then the bachelor's degree you

said--A. Now, the bachelor's --Q. --was a little bit different?

(Discussion off the record.) BY MS. WHITLOCK:

Q. Yeah, I just said, the bachelor's degree, you said that was a little different?

A. Yes. Q. How is that different? A. Well, it's different in-- only in two

respects. Three respects, maybe. One is -- and this is the main differential between my amended 7 and my amended 8. It's primarily with respect to the bachelor's degree. When I went back and started reviewing for this deposition, and I looked at the numbers for the college graduate and looked at the profile, it dawned on me that I was using his age as the determinant for the wage he was earning as the profile specifies. But it did not make sense in the context of what his age was and what his experience potential was.

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So, you know, it didn't make any sense that at age 33 he was going to be making 80,000 on his frrstjob. Does that make sense to you?

Q. Yes. A. And so what I did was go take back and say,

"Okay, I'm going to really use not so much his age as the factor but do a profile as the factor, which implies entry-level-- entry-level experience, of which he certainly didn't have any exceptional qualifications, have previous cxpetience as -- with a college degree. So I went back and did a recalculation, starting out using the entry level for the college graduate of 42,074, then the first increase is at 59,000. Rather than starting at 59,000 for two years and then jumping to 86,000, okay?

So I used the same data, but I've changed the years in which they occur, and I'm trying to describe it as based more on his experience than on the age proflle.

Q. But this, as I look at the sheet that's marked "Bachelor's degree," this is assuming that at age 35 Patrick would have been making close to $60,000? $59,313.

A. That's C01Tect. Q. And tllis is the same Patrick that the last

year you have for his income was approximately $1 0,000?

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1 A. Something like that, I think. 2 Q. As I under--3 A. It's not the same Patrick. It's -- the 4 individual hypothetically is the same person. But it is 5 a person who has now gone on and successfully completed 6 a college degree, okay? The hypothesis is -- the 7 hypothetical, let me put it that way, the hypothetical 8 is, this is the earnings of an individual who has a 9 college degree. And the modification of that profile is

10 the one that I have just described to you, which is 11 having him get entiy-level college degree salruy at the 12 age of 33 as opposed to when most college kids are 13 getting it, at 23. 14 Q. So he had ten years less experience than the 15 average? 16 A. Without the degree, yes. 17 Q. Anything else on this sheet -- well, let me 18 ask you. This 30-6, what is that, at the top of Page 19 "Bachelor's degree"? 20 A. That's the worklife for a individual with a 21 bachelor's degree. 22 Q. So you work for 30 years, 30 and a half years, 23 after you get your bachelor degree? 24 A. Yes. So the age would have been 33, and be 25 would have worked 30 additional years after that. So

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1 essentially age 63. If it were continuous. 2 Q. And is that-- well, 4.3/5.0, what does that 3 mean? 4 A. That is telling you the other difference in 5 the college graduate fi'om the high school and the 6 two-year. The only people that enjoy an enhanced 7 earnings capacity, real income changes, has been the B bachelor's degree. Or those with college education have 9 seen their wages go up more rapidly than that of high

10 school, and two-year degree, even. 11 Q. And when you say they are the only ones, I 12 don't-- in what period of time, or... 13 A. Well, if you look back essentially the last 20 14 years, you've -- maybe even longer tban that, you've had 15 the issues about the lower-educated people, lower levels 16 of education in the work force, has had a -- less of an 17 enhancement of wages than have the college graduates. 18 Q. So college graduates have had a greater 19 increase in their income over the last 20 years than 20 high school graduates have? 21 A. Correct. 22 Q. All right. And what is 4.3 and 5.0? 23 A. That's the-- inflation rate is 4.3, and the 24 discount rate is 5.0. 25 Q. So you use a different inflation rate for the

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bachelor's degree than you did for the high school. A. Correct. Q. And you use the 3.0 for the associate's degree

also? A. Correct. If the -- in this economy and what

the data are showing is that you got a world of difference between anything short of a college degree. You are talking about anywhere from one to two million dollars over the high school diploma.

Q. Is there anything else that these documents marked "High school," "Bachelor's degree" or "Associate degree," any other significance for your opinions in this case?

A. No. Q. Then I think we have the handwritten notes of

Patrick Desmond come next. What was tbe significance of them? --

A. Well,--Q. -- In your calculations? A. Well, the significance, they were provided to

me by defense counsel that indicated at least some of the aspirations that Mr. Desmond had about what his future would ... And I think in this-- the reason--provided I think there are a number of cases, he talks about his -- doing cabinet installation work, he also

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talks about aspiring to be a firefighter. I'm just looking through here. Firefighter was mentioned a couple of times. You'll have to help me, 'cause I didn't mark my ...

Q. Well, look at -- we don't have numbers on --yeah, we do; look at Page 559. Down at the bottom it's Bates number 559?

A. 559--Q. Yes, sir. A. -- in the front -- first page? Q. It looks like this. A. Yes, I see it. Q. If you look at March the 20th of 2008, it

looks like he says he wanted to "return to Florida, check in with the drug court and lawyer, making sure that I am taking care of all legal situations. Continue dmg court for the remaining six months, find a job, fmd out about getting into fire department, volunteer, do any --" --

A. "Fire department." Q. -- "fire department studies, community

college." That looks like that's what he wanted to do? A. That's what he's describing, yes. Q. All right. A. I mean, that would be my interpretation of it.

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1 Q. Do you know if he did any of that? 2 A. I don't think he -- this is May -- this is 3 March 20, 2008. I don't know-- his next notation is 4 September the 20th; I don't know whether -- what has 5 happened. 6 Q. Do you know --7 A. Does that make any sense? How can you have a 8 notation dated September the 20th? 9 I mean, I'm asking anyone at the table. I

10 thought he died on June the 11th, 2008. 11 Q. I think he did. My question, though, was with 12 March the 20th; do you know if-- the entry marked March 13 the 20th of2008, do you know if he did any of those 14 things? 15 A. No, I don't. 16 Q. What else was --17 A. I think he was -- I think he was at the 18 facility during that period of time. My understanding 19 is this -- this is when these were written. 20 Q. What else about these notes was significant to 21 you? 22 A. That's mainly it. It was the only way that, 23 of course, I had any inkling of what he was doing or he 24 was about. As expressed in his words. 25 Q. And he talks on the document Bates stamped 448

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1 about when he joined the Marine Corps and he didn't do 2 what he was supposed to because he was using drugs. 3 A. Yes. 4 Q. And then when he was on the flag football team 5 he had quit the team? 6 A. Yeah. I mean, I'm -- number 10 is how it's 7 identified on here. B Q. Right. And then on the next page, or 9 Page 450, he talks about he knows once he starts

10 drinking he gets into trouble. 11 A. Yes. I read -- I read all of it. 12 Number 34, he says, "I'm really looking 13 forward to getting a good job." 14 Q. Would you describe any of the jobs that 15 Mr. Desmond had had, from the documents that you had, as 16 a really good job? 17 A. Well, I think that's a relative thing in a lot 18 of ways. Bartending can be financially-- for people 19 who are particularly-- enjoy that kind of social 20 interaction, can be fairly well compensated. Is it a 21 really good job, well, it wouldn't be considered for 22 someone with a college degree, usually, but it certainly 23 is a transitory job for many, many people. Such as my 24 own children from time to time. 25 Q. Do you know what Patrick Desmond meant by

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"looking forward to getting a really good job"? A. I don't. Q. So he might --A. This is all I know. Q. --have considered--A. This is all I know. Q. So he might have considered bartending a

really goodjob? A. Well, his father thought-- his opinion, which

is in -- documented in his deposition, that he felt like that getting that -- I think it was some kind of certification or some kind of bartending instructions that he had gone through had permitted him opportunities to earn some reasonably-- what he says was reasonably good money in transition. And it certainly is a job you can usually find in most locations.

Q. And my question is, Patrick Desmond could have meant bartending when he said he was looking forward to getting a really good job?

A. Well, I'm not sure I would interpret it that way, since he had apparently moved away from bartending in his cabinet installation, effectively.

Q. Do you know what he meant by he looked forward to getting a really good job?

A. I don't.

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Q. You said it was a relative te1m? A. Yes. I mean, it would be depending on what

his perception of that would be. And his perceptions would certainly change as his education or his experience changed.

Q. And you just don't know, as --A. I don't know. Q. -- we sit here today.

Then the next thing I have is the death ce1tificate. Was that significant in your calculations? --

A. Well, 1 know --Q. --Other than to give you a date of death? A. Date of death. Q. And I believe it says that he died of

intoxication with ethanol and morphine; did you talk to anybody about that?

A. I would not -- I did not talk to anyone about that.

Q. Do you have any infom1ation about the circumstances of Patrick Desmond's death?

A. The only thing I know about his death appears in the depositions of the mother and father.

Q. What do you understand to be the circumstances ofhis death?

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1 A. That he was at the facility, had left the 2 facility, and I think, according to this, then he 3 consumed -- he was intoxicated and he died. 4 Q. With alcohol and morphine? 5 A. According to this death certificate. It says 6 ethanol and morphine. 7 Q. Do you have any information about where he got 8 that morphine? 9 A. I don't-- to be honest with you, I don't

10 really dwell on information, even conveyed, if it deals 11 with issues that are not economic in nature. I think we 12 have documentation he died, and that's --13 Q. That would be --14 A. -- about as far as I would go with it. 15 Q. And the next document I have is Florida State 16 Firefighters' Association. Tell me what that is, 17 please, sir. 18 A. Well, I'm--19 Q. Or, it looks like it's a printout from the 20 Florida State Firefighters' Association. 21 A. I'm sorry, where are we? 22 Q. I thought l was just going through the next 23 page. But it's this document. 24 A. Maybe I've gotten my pages out of order. 25 Q. I probably should have marked them all.

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1 A. It came off the Intemet. 2 Q. Do you know anything about the Florida State 3 Firefighters' Association? 4 A. No. All-- I think what they do --I'm 5 looking at this document, and what they're -- looked and 6 the specifying job openings. I would imagine it's what 7 the association does, is try to make -- disseminate, to 8 the best of their ability, job opportunities for people 9 who want to be firefighters. And maybe their own

10 membership, if they want an alternative firefighter. 11 But all I know about it is what's on the surface of this 12 page. 13 Q. Well, tell me what you understand the surface 14 of this page says. 15 A. Well, I-- the best I could do would be to 16 read it to you, because I have no interpretation, other 17 than it says, "Florida job openings by departlnent and 18 type. Job and location, posted date, date closing. 19 Closing date." And they list a number of them, in 20 Temple Tenace, Lealman, Little Gasparilla, St. Pete 21 Beach, St. Pete Beach, Pinellas County Jobs Corps 22 Center, Hernando County. What is this, (Pronouncing) 23 Al-CHEW-ka? Al--24 Q. (Pronouncing) A-LATCH-u-a? 25 A. Alachua County. Firefighter/paramedic, Spring

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Non-fire-department but fire-related, and they give other jobs associated with that.

Q. Do any of these appear to be in Brevard County?

A. I don't see any. I didn't-- all I was doing was just looking at getting some measure of the availability of jobs in frrefighting in Florida.

Q. Well, tlris says "Firefighter." And "Seminole County." Do you have something that tells us what the job requirements are for a firefighter in Seminole County?

A. I think I may. I may not. Maybe in the stack of stuff you didn't

reproduce. Q. All right. Well, let me show you ... This is

going to be really confusing. A. I thought I saw something on Seminole. Q. Yeah, you did, and I'm hying to think how to

do this. MR. MANTON: I don't think she wants me

to show you. MS. WHITLOCK: Ob, I don't mind if you

show him, I'm --THE WITNESS: I can't fmd it myself,

and she can't find it.

Page 128

BY MS. WHITLOCK: Q. Well, I don't mind him showing --A. Wait a minute--

MS. WHITLOCK: I'm trying to figure out bow to do these documents, Jed. And 1--bold on just a minute so that Jo can get this down. I'm going to go back and mark all of the pages. I'm just going to put stickers on all of them, and some of them we've talked about already, but I'm going to be totally confused, because we're saying "this page" and "that page." So if you give me just a minute.

Jo, I'll probably need another sheet of stickers.

(Discussion off the record.) (Recess at 1:00, resumed at 1:06.) (Thereupon, marked for identification purposes, Defendants' Exhibit No. 9 through 27.)

BY MS. WHITLOCK: Q. Dr. Rushing, just so that our record is a

little bit clearer, when we took the break I marked some documents, and they are not necessarily in order, because we bad already used some numbers, but I just

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Page 129

want to go back and establish it for our records. So 11, Exhibit 11, is now the October llletter from Jamie Davis to you?

A. Con-ect. Q. And Exhibit 12 is what we talked about as your

handwritten green sheet that starts with "Patrick William Desmond, life expectancy 46.25"?

A. And it's the firefighter profile. Q. All right. And then Exhibit l3 is the high

school profile? A. Conect. Q. And Exhibit 14 is the associate's degree

profile? A. Con-ect. Q. And Exhibit 15 is the bachelor's degree

profile? A. Correct. Q. Then 16 is the Salary.com document we were

talking about? A. For Melbourne, Florida, yes.

(Thereupon, Mr. Kerew exited the deposition room.)

BY MS. WHITLOCK: Q. And Exhibit 17 are the handWiitten notes

from--

Page 130

A. Yes. Q. -- Patrick Desmond? Exhibit 9 is the Edison

State College transcript? A. Correct. Q. And Exhibit 10 is the Brevard Community

College transcript? A. Yes. Q. Then Exhibit 18 is the death certificate? A. Con-ect. Q. And 19 is the Florida State Firefighters'

Association page? A. Correct. Q. And this is the one we were talking about that

had the job listings? A. Correct. Q. And then 20 is the one word, "firefighter"? A. Yes. It's a saver. Q. And then I think the rest of the documents we

have not talked about yet, so we'll identify them as we come to them.

I did mark one other one. Okay, we'll come to it.

All right. So we were talking about, before the break, did you have something that showed what the job requirements were for a firefighter, as shown on


Page 131

1 Exhibit 19, in Seminole County, and I think you said 2 there was, and I think that is what I have marked as 3 Exhjbit 23; is that correct? 4 A. Correct. 5 Q. Where did you get the infonnation that's 6 printed out in Exhibit 23? 7 A. It's listed at the top, it's off an Internet 8 site. HH --do you want me to read it? 9 Q. Please, sir.

10 A. Can she just copy it off of there? Wouldn't ll it be easier? 12 Q. Well, is it FSFA.com? 13 A. Yes. S -- it's 14 WWW .FSF A.com/JobsOpeningO 1.HTM. 15 Q. Do you know who maintains that web site? 16 A. I don't. 17 Q. Do you know where they got this information? 18 A. 1 do not. 1 9 Q. Then the next job listed on Exhibit 19 is 20 "Firefighter/paramedic- Temple Terrace"? 21 A. Con-ect. 22 Q. Do you have any information about what the job 23 requirements for that job are? 24 A. Only if they're listed there. No, 1 don't. I 25 didn't utilize that. It would not have been relevant.

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1 'Cause it's a paramedic. 2 Q. It's a paramedic job, all right. 3 A. The next page is essentially a blank one. 4 Could be discarded. 5 Q. But on Exhibit 19, the only job that you 6 calculated-- there's only one job on there that's just 7 for firefighter? B A. Cone ct. 9 Q. And that would be the Seminole County?

10 A. CotTect. 11 Q. Do you know where Seminole County is? 12 A . No. 13 Q. Do you know how many people applied for that 14 firefighter job--15 A. No. 16 Q. -- in Seminole County? 17 A. I don't. 18 Q. Then going next in your file I have tax 19 returns that I've marked as Defendants' Exhibit 21? 20 A. Yes. 21 Q. And these were significant, these were where 22 you got the figures you used in your rep01t for 2003, 23 -4, -5 and -6? 24 A. C01rect. 25 Q. Do you know who filed these tax retums?


(33) Pages 129 - 132


Desmond, et al. v. Francis Willard Rushing Narconon, et at. December 9, 2011

Page 133 Page 135

1 A. Not unless it's on there. Could have been -- 1 the notice of deposition as 27. 2 be could have. I don't. 2 A. Amended. 3 Q. Then looking at Exhibit 22, this is the Cobb 3 Q. Excuse me, amended notice, yes. 4 County career? 4 A. Yes. 5 A. Yes. Which -- 5 Q. All right. I want to go back for just a 6 Q. What is this document, -- 6 minute; when we were talking about your green sheets, 7 A. -- lS -- 7 you said there's a distinction between a mean and a B Q. --please? B median, and you explained to us what that was. Did you 9 A. -- irrelevant. 9 make any calculations using a median instead of a mean?

10 Q. Well, what is it? 10 A. No, I did not. 11 A. I think it's a job opening, isn't it? Let me 11 Q. Would you expect--12 look at it again. It was one I pulled off and then I 12 A. They're reported as means . 13 realized it was in Georgia, and was not particularly -- 13 Q. Is there any way to find out what the median 14 was not as relevant as jobs in Florida, by geography if 14 would have been? 15 nothing else. And it's just a general job description, 15 A. Not unless it's reported by the people who 16 but it describes the essential job functions and minimum 16 have the data. It's raw data; it's household survey 1 7 qualifications. 17 data. 1B Q. Do you know if Patrick Desmond ever applied 1B Q. So how do they get this information? 19 for a job in Cobb County? 19 A. They survey households. 20 A. No, I don't. 20 Q. Who's "they"? 21 Q. Then going to Exhibit 24, I show that this is 21 A. The U.S. Census Bureau. 22 another printout from Salary.com? 22 Q. And they ask you, "How much does everybody in 23 A. Yes, which one is it? Clearwater? 23 your household make," and ... 24 Q. Oh, yes, sir. "Averages for Clearwater, 24 A. What their education is; they do a whole 25 Florida"? 25 profile of them so they get the characteristics

Page 134 Page 136

1 A. Right. 1 associated with them. "When were you last--" -- you 2 Q. What is the significance of this document? 2 know, employment data, unemployment data, all kinds 3 A. Nothing. Just a-- when I say "nothing," it's 3 of-- interesting kinds of things. 4 just another description, salmy range, of a job opening 4 So they -- it's systematically, and they 5 in Florida in firefighting. 5 collect them annually, a sample. Now, the big census, 6 Q. From the same Salary.com source? 6 as we all know, just took place. For 2010. Which will 7 A. I believe it is, yes. 7 have enormous amounts of infonnation in it. But that's B Q. And then Exhibit 25 is "Plaintiffs' responses B not going to be available, probably, for another three, 9 to defendant Narconon of Georgia's first interrogatories 9 four years.

10 to plaintiffs"? 10 But that-- it's not likely to change, it's 11 A. Yes. 11 just different information, and it's the population as 12 Q. What was the significance of those-- 12 opposed to a sample. Which the household surveys m·e 13 A. Those were -- 13 sample data. 14 Q. --interrogatory responses? 14 Q. If we look at back at 13, 14, and 15 -- well, 15 A. -- provided by counsel, and sometimes they 15 you can use your green sheets, but 13, 14, and 15? 16 have some information in them that's relevant, and I 16 A. Uh-huh (affirmative). 17 will go through them to see if it fills any gaps in 17 Q. We were talking about the calculations, and 1B information that I need. So I did go through them. I 1B you told me that on 15, which is the bachelor's degree, 19 don't recall anything specifically in there. 19 you had to go back and recalculate because at 33 years 20 Q. That was significant to you? All right. What 20 old, if we're talking about Patiick Desmond, he would be 21 about in Exhibit 26, which is "Plaintiffs' responses to 21 going in an entry-level position as opposed to a 22 defendant Lisa Robbins, M.D.'s first interrogatories to 22 ten-year-experience position? 23 plaintiffs"? 23 A. Correct. 24 A. Essentially the same answer. 24 Q. What about on associate's degree and high 25 Q. And then for purposes of completion I marked 25 school, 13 and 14?


(34) Pages 133 - 136



Page 137

1 A. Those ages were comparable. In -- I think 2 they were just a matter of how many years would it have 3 been. The data are broken down up to 18 to 24, and then 4 25 is -- is the right year. 5 Q. So would most people who have an associate's 6 degree be 31 years old when they entered the work force? 1 A. No. But they would only have --they would a have -- they would -- that is the age profile. As 9 opposed to any other profile. But he did-- you know,

10 he had some experience, but not job-specific experience. 11 So what it would have spelled out in the way of his 12 actual entry level I don't know. 13 Q. So let me make sure I understand. The 14 associate's degree, which is Exhibit 14, when you say 15 age 31, that's what an average 31-year-old man with an 16 associate's degree would be making? 17 A. Well, yes. That data--18 Q. 45,000? 19 A. That's correct. And that data is reported as 2 o between 25 and 34 years of age. 21 Q. So that is for people who get an associate's 22 degree anytime between ages 35 and ... 23 A. Who have. Who have, and are working-- the 24 data would be all those who are that age and working, 2 5 with an associate's degree.

Page 138

1 Q. All right. I think I understand. But most 2 people who get an associate's degree are not 31 years 3 old when they get it, right? 4 A. May not be. 5 Q. How old is the average person who gets an 6 associate's degree? 7 A. I don't think I can give you a reason to 8 answer to that question. 9 Q. How old--

10 A. 1 would suspect it would be somewhat younger. 11 Q. Maybe 20? 12 A . Could be -- some people go back and get them. 13 But it would be anywhere from probably 20 to 24, maybe, 14 somewhere in that. If they go-- progress on in that 15 fashion from high school. 16 Q. So they would have eight to 11 years of work 17 experience by the time they're 31? 18 A. Possibly, yes. 19 Q. And the same would be true for a high school 20 graduate; most people graduate from high school at age 21 18? 22 A. Yes. 23 Q. And so by the time they're 30 they would have 24 12 years of work experience? 25 A. But he did graduate in '9 --what's the date


Page 139

1 of his graduation? I thought it was '95. I may be 2 wrong. 3 '98. Excuse me. 4 Q. So he was 18. Did he have 12 years worth of 5 work experience by the time he was 30? 6 A. Well, he had the opportunities for it. He 1 didn't ever get to be 30 years of age. 8 Q. Well, did he have ten years of work experience 9 by the time he was 28?

10 A. Well, the only work experience that I show 11 that he has is the four years identified by his income 12 tax returns. 13 Q. And you didn't have anything for the last year 14 and a half, so the answer would be no, he didn't have 15 ten years worth of experience by the time he was 28, 16 right? 17 A. That's correct. 18 Q. Going to your repmts, which are marked as --19 we already talked about Exhibits 7 and 8, didn't we? 2 o A. CoiTect. 21 Q. So going to your reports, which are 4, 5 and 22 6, it appears to me that the difference between 23 Exhibit 4, which is the first report, and Exhibit 5, 24 which is the first addendum, dated December the 7th, is 25 you added a page called "Addendum to Report"; is that

Page 140

1 the only change? 2 A. That is the only change. 3 Q. Why did you make that addendum? 4 A . Well, prior to that I did not have the -- the 5 two depositions or the hand notes. And so upon review, 6 it seemed like that some additional educational 7 possibilities were out there. That's why 1 did those 8 additional profiles on that. One of the things that I 9 particularly was wanting to know whether or not it was

10 relevant, the mother -- mother's education; my 11 understanding is she has a high school degree. Maybe 12 some additional, but not, I recall, anything 13 specifically in the way of degrees. And the father I 14 didn't know about at all until I read his deposition. 15 By that I mean, I knew the father was there but I didn't 16 know anything about his profile. And in his deposition 17 he said that he had gotten a master's degree in 18 industrial-- I mean, in intemational relations, I 19 think. So what goes to play in tetms sometimes of 20 influences on education are the parental achievements as 21 well. And so it seems to me, given that, that the 22 father and the mother presumably would both interact to 23 be encomaging with respect to further educational 24 achievement. 25 That is the only rationale I have for adding

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Desmond, ct al. v. Narconon, et al.

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Page 143

1 those two. The other one was with respect to the high 2 school, was to provide a profile somewhat different from 3 the firefighter's, if nothing else but to demonstrate 4 that the firefighter profile was not strangely skewed in s some fashion, that in fact it seemed to be not a bad 6 representation of what one can reasonably expect a high 7 school graduate to earn. And the high school profile I 8 think reflects that. But being the difference between 9 the two, the mean and the average. The mean and the

1 million eight hundred in the June 7, and I went back and .2 adjusted that data to come up with the lesser amount 3 that appears in the addendum on -- dated December the 4 8th.

10 median income. 11 Q. Well, you said it was not umeasonable to

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14 14 in 2003, 2004, 2005 and 2006, correct? 15 A. That's correct. He did not earn that. 15

16 Q. And he didn't earn anywhere near that? 16

17 A. That's correct. 17

18 Q. On your addendum to repmt, you have fringe 18

19 benefits valued at 21.81 percent, and in your original 19

.2 o report it was 24.3 percent. Why the change? 21 A. The change-- remember, the 24 was 22 specifically for a job position as a firefighter in a 23 community. Employment. The --when you go to 24 generalized data, I went to generalize fringe benefits,

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Page 142

Q. Why was it a lesser amount? A. I thought we discussed that already. Because

of the entry. I said I-- rather than his age I use ... Q. Got it. Okay. If you--A . There are a couple others, minor ones, but

those are addition or subtraction or multiplication things that I uncovered when I went tln·ough it.

Q. Well, and that was what I was going to ask; if you look at Exhibit 5, it has, under "High school profile," "present value of future lost wages" is $1,072,023, and on Exhibit 6 that figure is 1,109,824.

A. Right. Q. And then your fringe benefits are 233,808 on

Exhibit 6>Exhibit 5, and 242,053 in Exhibit 6. Why are those

numbers different? A. Because I went back and looked at -- there's

no methodological change at all. I went back and verified all of the numbers again, through the process of addition and multiplication and all of that, and 1 found that amount of change that occurred just when I checked. And I always recheck it before we go to

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of Labor Statistics does an analysis on the cost to employers offtinge benefits. Which I went to, and those-- that 21.81 represents two specific fringe benefits. It represents the legally required, which we've mentioned already, and the second one is it assumes insurance. So the 21.81 is the sum of those two benefits, and it's calculated as a percentage of the average hourly wage rate for people in the service sector. So it's a generalized statistic that goes with

1 deposition. I always change it if I made, for whatever .2 reasons, a misstatement. Sometimes I -- when you're 3 working as an individual, I transpose numbers

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the generalized wage earnings. Okay?

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A. It is not specific to Patrick Desmond. And of 1.2

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in any analysis I've seen, ten to 12 percent of gross wages for health insurance and life insurance.

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Q. So between Exhibits 5 and 6 under "High school profile" there were some math errors that amounted to about $50,000 difference?

A. Are you looking at 8 now versus... Which one -- which two are you looking at?

Q. Exhibits 5 and 6, December 7 and 8. A. Okay. Yes. I'm with you. Yes. That's

correct. Q. All right. And then would the same be true

with the associate's degree? You had-- the present value of past lost fringes in the December 7, or Exhibit 5, is 18,000, and then in December 8, or Exhibit 6, it's 20,000, so again there's --

A. Correct. Q. -- $2,000 math error? A. Yes. Q. And then the bachelor's degree--A. When -- you -- the associate degree, you're

talking about the fringe benefits, I think it was a percentage. It wasn't -- the en·or, it was in the

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1 multiplication, I think. By what percent. That changed 1

2 it slightly. 2

3 Q. But it was a math calculation error? 3

4 A. Yes. Strictly a math. 4

5 Q. And then the bachelor's degree is about a 5

6 million two difference, and that's what we've talked 6

7 about,-- 7

8 A. Yes. 8

9 Q. --you changed the age? 9

10 A. Yes. 10

11 Q. All right. Have you reviewed any documents in 11

12 connection with this case in preparation for your 12

13 deposition, or in preparing your reports and opinions, 13

14 that we have not discussed today? 14

15 A. I don't believe so. 15

16 Q. Do you plan to do any more work in tlus case? 16

17 A. Not at this time. 17

18 Q. You told us about this conversation that you 18

19 had with somebody at the plaintiffs' lawyers' office 19

2 o before you got the October 11 -- or, a conversation you 2 o 21 presume took place. Did you talk to anybody else about 21

22 this case? 22

23 A. No. 23

24 Q. How much time have you spent on this case 24

25 through today? 25

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Page 147

63. Is 63 the number you used for expected retirement for everybody?

A. No. What the worklife expectancy tells you is how many years in their remaining work -- period that they are in the work force that they will actually have employment. You could look at it as age 67 now, with the Social Security going up, or any -- even age 70, for that matter. But the thing is, we only are going to have them employed for 30.6 years. And if it's continuous employment, then you sum those two together. There's no reason to believe it will necessarily be continuous; there may be periods of unemployment. I don't know when they're going to be. And so some people use -- say -- will use 65 retirement, or 67 retirement. I just feel like the worklife tables statistically have gone through and culled a lot of data that tells me better, at least from a statistical point of view, what is the likelihood of somebody working. Ifyou bill that down to individuals, clearly if you look at somebody who's had a continuous job and is age 57 and there's no mandatory retirement, you may take a slightly different strategy on when you're going to tenninate them from the work-- I mean, have them retiring or leaving the work force. But I think --

Q. It could be more or less?

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A. That's a good question. Only -- only my best answer is, a lot. I've exceeded the -- let's put it

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this way; I've exceeded the retainer at this point, so I'm -- probably about ten hours. The retainer is eight.

Q. All right. And you think you've spent about ten hours on it?

A. Yes. Q. I think. I understand that the opinions that

9 you have reached, and our conversations today, I think I'm clear that these are general and they include a lot of assumptions.

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change, then your numbers would change? A. Correct. Q. You didn't review any medical records? A. No. Q. Now, you talked about reducing to present

value; where did you get that figure? A. Five percent? Q. Yes, sir. A. I'm advised by counsel that that's identified

in the statutes of the State of Georgia.

2 dealing with somebody that's really in a long-term 3 period, then I don't have any knowledge; I can't decide 4 when they're going to get ill, or when they might go on 5 maternity leave, or when they might do this or the 6 other. So I have to say, "Well, I'll have to assume 7 they're going to do what the average -- the data show 8 the average person of those characteristics does." And 9 that's -- that's -- hopefully is fair to all the

10 parties, in the sense that it tries to reveal what the 11 data at least say, though it's not specific for that 12 individual. 13 Q. Other than what is shown in the notes that 14 Patrick Desmond wrote that we marked as Exhibit 17

15 what may be included in his transcripts, which we marked 16 as Exhibits 10 and 9, do youbave any information about 17 whether Patrick Desmond was qualified to be a 1 8 firefighter? 19 A. No.

Q. You don't know if he had the -- if there nlight 21 be some psychological test he had to pass, you don't

know whether he would be able to do that?

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1 any exhibits for use at trial? 1 which the court rather expects. At least, that's been 2

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A. No. I would leave that responsibility to the plaintiffs' attorneys.

Q. Is there more than one accepted method for calculating economic damages?

A. I think the methodology is pretty straightforward. All the assumptions may not be identical.

Q. Well, --A. You may have variation on inflation rate, or

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20 specifics with respect to the situation. If you've got 2 o 21 somebody with a long work histmy, you've had a pattem 21

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1 have pertaining to an individual. And their past work 2 experience and pay raises and job stability and all of 3 those kinds of things. 4

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Q. And you would agree with me that in this case we have very little data about job history and job stability?

A. That's correct. 7

8 Q. But you picked three percent as a growth rate. 9 Would some economists have picked a different number?

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my expenence. Q. But you were not involved in having that

statute adopted? A. No. Q. So you don't know what the source of the five

percent is? A. No. I'd hate to have that project to do.

That research project. (Thereupon, marked for identification purposes, Defendants' Exhibit No. 28 .)

MS. WHITLOCK: I think that's alll have at this time.

I would like to state that the consent scheduling order which I've just marked as Exhibit 28 required that your file be produced no later than three business days before the deposition. It was not produced until this morning. So after we've had an opportunity to review the file, I reserve the right to reconvene the deposition.

MR. YAEGER: I've just got a couple questions. And mostly they're for clarification purposes.

EXAMINATION

BY MR. YAEGER:

Page 152

Q. You may have answered them in one way or another; I just wanted to be clear on them. My name is Calvin Yeager, by the way.

My first question is, what inf01mation or data did you use to account for Patrick Desmond's alcohol abuse or drug use in your calculation of his total lost wages?

A. None. Q. And what information or data did you use

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A. I can't speak for -- I would certainly assume some might.

Q. And the discount rate of five percent, you said that's by statute? That's by law, as you understand it?

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A. State of Georgia. Q. So other states may have a different discount

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A. From the state legislature. 21

Q. You-A. I'm not being facetious. 1 don't know what

A. None. Q. If you knew that Patrick Desmond had a history

of drug or alcohol abuse, would that have had any effect on your analysis, calculation in this case?

A. Well, I was aware. Obviously, I've told you I read the depositions of the parents, which they were questioned rather extensively about his past history. So it wasn't that I wasn't aware. But I had to -- in my analysis, I had to assume--and I think I made this

24 their process was to going to detem1ine it, but anyway, that's what they did establish. And it seems to be one 2 5 25

22 statement earlier--that he would, by January 2010, have 23 managed to overcome any of the issues that he had with

respect to that. Because that would be critical in terms of the future of his employment.

24

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Page 153


Page 155

1 Q. Are you aware of how many drug rehabilitation, 1 behavior, if it was illegal. Obviously, if you get a 2 drug or alcohol rehabilitation facilities Patrick 2 DUI, that's-- that's not legal. 3 Desmond had entered into prior to his death? 3 Q. Right. And--4 A. I --I mean, if it was stated in those 4 A . So-- so I'm aware of that. But what the 5 depositions, I probably scanned through it, but I didn't 5 other transgressions may have spelled out in the way of, 6 do any tabular form on-- my guess is-- when I say 6 quote/unquote, criminal behavior I don't know. 7 "guess," I kind of recollect probably more than one, but 7 Q. Okay. Thank you. And that was my next 8 I don't know -- 8 question. Is, do you know whether Patrick Desmond had 9 Q. Multiple would be-- 9 any DUis in his record? Do you have any personal

10 A. I don't know how many. 10 knowledge of that? 11 Q. Would it be fair to say it was more than one? 11 A. I don't have any --I have not seen any 12 A. Yes. 12 Florida records, or any records, with respect to his 13 Q. And do you know how many he completed before 13 DUI. All I know is the conversations in those 14 his death? 14 depositions in which there was discussions about DUls. 15 A. Well, he didn't complete the last one. So -- 15 Q. Do you even know if Patrick Desmond had a 16 and I -- I think maybe he didn't complete the one before 16 valid driver's license at the time he died? 17 that. But, once again, I'm only trying to pull recall, 17 A. I don't. 18 because I was not really focusing on that aspect of his 18 Q. And do you know whether having a valid 19 past behavior. 19 driver's license or having DUis on your history would 20 Q. Okay. Because you said your calculations were 20 have made you eligible or ineligible for a firefighter 21 based on sort of an average person, what their lifetime 21 position? 22 income would be? 22 A. I think you would have to have a driver's 23 A. That's correct. 23 license to be a firefighter. 24 Q. And would you agree that an average person 24 Q. Okay. 25 wouldn't have entered into and failed out of multiple 25 A. And the earlier question, I think that he was

Page 154 Page 156

1 rehabilitation facilities by the time they were age 28? 2 A. I would say that the data would not show that 3 of the millions of people in the U.S. population, that 4 that would spell out as an average.

1 under a court appointed, so I don't believe he probably 2 had a driver's license at the time of his death, but I

don't know that one way or the other. Q. Okay. Would you agree that employment history

5 has some bearing on your hiring, especially in the case of a firefighter?

3

4

5 Q. So--6 A. I would think that there is a smaller 6

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percentage than an average. Q. Right. So your information wouldn't have

specifically accounted for someone that had entered into multiple facilities and failed out of them by the age of 10

28? 11

7

8

9

A. That's correct. Q. And do you have any personal knowledge as to

whether, based on Patrick Desmond's criminal activity,

12

13

14 or criminal record, that he would have been eligible for 15

a position as a firefighter? 16

A. I think that all -- I think we addressed that, briefly, at least, in the earlier conversation. And I think it's all spelled out, many of the qualifications

17

18

19

and at least examinations that go on. Some of them I 20

think-- in one or tvvo of them, there's explicit reference of if you have past felony, that you're inelig.ible.

Q. Meaning -A. Now, I don't lmow the nature of his illegal

21

22

23

24

25

A. Yes. Q. And did Patrick Desmond have a credible

employment history to you, a reliable employment history, in your opinion?

MR. MANTON: Object to the form. THE WITNESS: Well, he had-- had one

varied I think from a firefighter's one, but I'm not sure what their qualifications were. I'm sure they would have gone-- as they said, there were physicals and other kinds of things. There may have been some -- some PT testing and all. But obviously he was capable of the physical activity; I mean, he was in the Marine Corps at least for some period oftime, which is pretty demanding in terms of physical aspects. And he seemed to have some sports in his history. But I don't -- you know, I don't know anything about Mr. Desmond personally or directly.

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1 BY MR. YAEGER:

Page 157

2 Q. But you would agree that he didn't have a 3 long-term history of employment, correct? 4 A. That's correct. 5 MR. YAEGER: That's all the questions I 6 have. Thank you. 7 MS. WHITLOCK: I don't have anything 8 else. 9 MR. MANTON: I don't have any questions.

10 I know that we sent the reports as they came 11 in, I think starting on the date of the 6th, 12 by E-mail, and then the subsequent addendum, 13 and then the final addendum today. 14 THE WITNESS: Now, I-- one question for 15 you. You may not even be-- this is off. I 16 mean, we're fmished. 17 (Deposition concluded at 1:43 p.m.) 18

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2 G E 0 R G I A:

3 FULTON COUNTY:

Page 158

C E R T I F I C A T E

4 I hereby certify that the foregoing

5 deposition was taken down, as stated in the

6 caption, and the questions and the answers

7 thereto were reduced to printing under my

8 direction; that the preceding pages represent

9 a true and correct transcript, to the best

10 of my ability, of the evidence given by said

11 witness upon said hearing. And I further

12 certify that I am not of kin or counsel to

13 the parties to the case; am not in the regular

14 employ of counsel for any of said parties;

15 nor am I in anywise interested in the result

16 of said case.

17 This, the 20th day of Decembe r, 2011 .

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Min-U-Script®

Jo Tomoff F~scher, RMR CCR No . B-924

Notary Commission Expires 8-25-2012

Q&A Reporting Services, Inc. [email protected]


(40) Pages 157- 158



$

$1,072,023 (1) 143: 15

$1,119,550 (1) 101 :15

$1,220,690 (1) 101:18

$10,000 (1) 116:25

$101,140 (1) 101:10

$12,000 (1) 98:12

$2,000 (1) 144:20

$200,000 (1) 108:10

$2000 (1) 51:13

$22,117 (2) 91:2,15

$23,000 (1) 79:25

$238,333 (1) 101:17

$250 (1) 39:3

$37,000 (1) 86:21

$37,396 (3) 83:6,9;92:13

$38,518 (1) 86:16

$38,663 (2) 103:25;109:2

$4,000 (1) 79:23

$41,229 (1) 92:14

$45,774 (1) 105:19

$50,000 (1) 144:8

$50,216 (1) 104:9

$59,313 (1) 116:22

$6,507 (2) 97:19,20

$60,000 (1) 116:21

$900,684 (1) 101:14

$982,357 (1) 101 :16

A

abilities (1) 11:17

ability (2)

1\tlin-U-Scripl®

18:4;126:8 13:21;26:2 able (4) actively (1)

69:24;82: 1; I 09:12; 81:14 148:22 activities ( 4)

about-not (1) I 0:7;25:3;46: 16;74:22 29:18 activity (5)

above (5) 25:5,18;74:24;154: 14; 17:5; 19:8; 103 :5; 156:19 113:19,20 actual (4)

absence (7) 83: 11 ;93:5; 137: 12; 8 :4;14:25;15: 1,2,3,9; 149:22 33:7 actually (29)

absolutely (2) 9:3; 10:4,9; 11 :4; 13:22, 95:22; 110:9 23; 15:24;24:16;25:22;

abuse (3) 27: 12;38: I ;43:5;53:8; 152:7,11,15 58:8;60: 15;63:3;65: 1;

abusing (1) 71 :4,17;73: 14;75:22; 69:22 81:17 ,18;83:3,20;87: 12;

aca (1) 94:6;98: 11 ;147:5 110:4 add (3)

academic (16) 113:13,13;114:1 8:4;9:18;14: 12; 16:8; added (2) 17:1 ' 11 ,24; 18:5;23: 16; 93:9; 139:25 38:21 ;44: 16,25;47:25; addendum (14) 48: 16;74:22,24 52:25;54: 16,17;

Academy (5) 101 :24; 102:1,3; 139:24, 62:8;72:5;73: 1 ,8,24 25;140:3; 141: 18; 142:20;

acceptable (1) 143:3;157:12,13 6:22 addendums (1)

accepted (1) 53:5 149:4 adding (2)

accomplish (1) 101: 12;140:25 82: 1 addition (4)

accomplished (3) 51:23;95:5; 143:10,23 28: 16;81:23;83:3 additional (10)

according (8) 63: I 0;64:24;67: 12,23; 67:11 ;70:11;72: 13; 70:25;109: 10;117:25; 79:13,16;112:20;1 25:2,5 140:6,8,12

account (2) address (1) 114:20;152:6 31:10

accounted (2) addressed (1) 93:20;154:9 154:17

accounting (1) adequate (3) 42:10 18:8; 109:22,22

accounts (2) adjusted (1) 107:8;108:12 143:2

accredited (2) adjustment (1) 73:2,8 90:2

accumulated (2) administration (4) 27:2;76:24 17: 10;23: 1 0;37:20,25

achievement (1) Administrative (6) 140:24 17: 16; 18:9;23: 12,20,

achievements (1) 25;24:12 140:20 admiration (1)

across (8) 21:6 17:24;24:16;27: 1 0; adopted (1) 46:8;50:4;94:8;96: 14; 151:4 110:25 ads (1)

Act (3) 85:22 6:6;8:20;9: 12 adult (1)

actions (1) 62:8 73:22 advanced (1)

active (2) 82: 15

advertising (1) 86: 14

advise (1) 34:25

advised (1) 146:22

Affairs (1) 26:23

affect (5) 67: 18;68:3,13;69: 16; 84:19

affirmative (2) 79:22;136:16

affirmatively (1) 115:4

Afghan (1) 73:18

again (11) 30:24;32: 16;38:17; 70:21;76: 13;1 05: 14; 109:8;133: 12; 143:22; 144:18;153:17

age (34) 67:1,11 ,13,19,21; 68: 16;70:24;74:6; 102:22;105:19;1 09:9; 115:22,25; 116: 1,6,18,20; 11 7: 12,24; 118: 1;137:8, 15,20,24; 138:20; 139:7; 143:7; 145 :9;146:25; 147:6,7,20;154: 1 '1 0

agencies (1) 97:16

Agency (6) 9:4;10:6,21;11 :6,9; 33:8

ages (2) 137:1,22

ago (4) 35: 12;45: 12;49:23; 55:18

agree (16) 68:2;69: 15;78:8;85:25; 86:3;87:4,7;88: 12,16,19; 89: 19;97:2;150:4; 153 :24;156:4;157:2

agreed (2) 55:8;73:5

agreement (3) 6:4;21:17;38:10

ahead (4) 17:9;41 :6;71:6,6

Ailes (5) 25: 16,21,22;26: 12,16

A-1-L-E-S (1) 26:12

Air (6) 8:25;9:1;10:4; 13:24, 25;14:1

AI (1) 126:23

Alachua (1) 126:25


A-LATCH-u-a (1) 126:24

AI-CHEW-ka (1) 126:23

alcohol (12) 69:16,20,22;76:21; 81 :2;84: 14;85:2; 125:4; 152:6,11,15;153:2

alert (1) 46:1

Algebra (6) 77: 17,18,20,22,23; 78:11

allocation (2) 27:6,10

almost (7) 11:23;44:21 ;79:25; 82:14;89:22;142: 16,16

along (1) 107:3

alternative (3) 35:5;98: 16;126:10

always (5) 43:21;47: 1;67:5; 143:25;144:1

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American (6) 44: 17;62:7;72:5;73:1, 8,24

amount (6) 25:1;70:25;87:22; 143:2,5,24

amounted (1) 144:7

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analysis (19) 11: 15,21,21; 12: 14; 27:9;28:3;31: 16,22;35:5, 10,13;57: 14,14,14;71 :9; 142:1 ,17; 152: 16,21

analyst (1) 25:25

and/or (1) 4 8:17

annual (2) 21:20;38:23

annually (3) 47: 15;48:5;136:5

Annuity (1) 67:2

annum (2) 105:21;107:15

answered (2) 30: 18; 152:2

answer's (1) 35:19

anticipated (1) 55:6

apologize (1) 50:10

appat·ently (1)


(1) $1,072,023- apparently



123:21 appear (2)

32: 12;127:3 appears (4)

74: 16; 124:22;139:22; 143:3

application (2) 47:5;94:17

applications (1) 94:13

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apply (4) 20:5;44:25;69:6;70:22

appointed (2) 18:25;156:1

appointment (3) 14:12;17:3;20:11

appointments (8) 18: 19,23;20:4;23:13, 15, 16,20;44:13

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approach (1) 87:23

approached (1) 149:14

approval (2) 19:11;21:7

approve (1) 21:1

approved (1) 13:21

approximately (3) 18: 17;103 :24;116:25

area (11) 18:4;25 :23;26:6;31 :20; 39:24,25;40:1 1;41:23; 42:16;46:6;48:18

areas (5) 9:20;42:10;46:4;47:8,9

argument (1) 28:25

arguments (1) 28:24

Arlington (3) 9:2,3; 10:5

around (5) 38: 16;49:4,4,6;99: 17

arrived (1) 20:15

Articles (1) 31:5

arts (1) 8:16

aspect (2) 11:23;153:18

aspects (2) 3l:l l ;I56:22

aspirations (3) 81:9,11;119:22

aspiring (1)

Min-D-Script®

120:1 attained (1) 9: 13;11 :20; 12:4,24; assess (3) 102:18 15:7; 17: 10;21: 12,13;

28: 16;35:2;69:24 attendance (1) 22:20;33: 10;39:6;50:5, assigned (1) 79:5 14;51 :2;54: 19;56:6;61 :4;

10:5 attended (2) 66: 15;74: 13;83:20;87:8; assignment (1) 72:4;74:4 88:24,24;101: 1,3;102:4;

28:17 attending (1) 104:10;105:24;114: 17; assistance (1) 72:6 115:3,19;116:5,11;

33:18 attorney (6) 118: 13; 128:7; 129: 1 ; assistant (14) 30:7;55:21 ;58: 13; 135:5;136: 14,19; 138:12;

14:4;15: 16; 16:4,4,5; 59: 12;60: 14,17 143:1 ,20,21 17:2,8, 14,20,22,22,25; attorneys (1) backed (1) 18:6;23:4 149:3 93:20

assistants (2) attracting (1) background (3) 19:10,17 94:13 39:7;84: 17;85: 18

associate (21) attractive (1) backup {1) 16:21,23;17:4,17,20, 82:23 33:11 23; 18:13,15, 16;23:5,9, August (2) backwards (1) 22;61: l; I 02:11; 103: 19; 75:14;77:23 27:18 109:10,24;110:1,10; authors (4) bad (3) 119:11; 144:23 25: 16;28:5, 15;30:25 35:6;41 :25; 141:5

associated (6) automatically (1) ballpark (1) 30:6;43:21;45:20; 48:6 35:3 97:22; 127:2; 136:1 availability (1) Barbara (1)

associate's (19) 127:7 39:10 109:5,7,12,21; 114:3,6, available (7) Bartender (1) 17,20; 11 9:3;129:12; 19:7;82:10,11;84:5,5; 79:10 136:24; 137:5,14,16,21, 85: 14;136:8 Bartending (5) 25; 138:2,6;144: 15 average (22) 122: 18;123:7, 12,18,21

Association (11) 37:3;69: 13;87:20; base (3) 44:17,18,18,19,22; 103:(8, 10;1 04:5; 106:7; 38:7;106:6; 107:14 63: 11;125: 16,20;126:3,7; 107: 12; 112: I ,2; 117: 15; based (6) 130:11 137: 15;138:5;141:9; 67: 13,24;80:24;

associations (2) 142:8; 148:7 ,8; 153:21 ,24; 116:18;153:21;154:14 47:24,25 154:4,7 basis (2)

assume (9) averages (3) 15:11;98:15 81 :5,7;84:3 ;95:21; 63:2;94:20; 133:24 Bates (4) 109: 11;110:6;148:6; award (3) 51: 19;52: 18;120:7; 149:23;150:10 21:8 ;41:8,20 121:25

assume-and (1) awarded (4) Beach (2) 152:21 13:23;41: 17,18;72:12 126:21,21

assumed (1) awarding (1) bearing (1) 82:20 21:1 156:5

assumes (1) aware (4) became (19) 142:6 152: 17,20;153: 1;155:4 10:9;11:19;12:5;14:20;

assuming (5) away (3) 16:21,23; 17:14, 17;20:22; 82: 15;86:20;102: 15; 25: 1;63: 15; 123:2I 21 :14;23:4,8,21;24: I 7; 1I6:20;148:24 26:2,5,7;27: 12; 108:2

assumption (3) B become (5) 57: 13;60:24;94:25 17:8;18:11;33:13;

assumptions (5) B-47 (1) 81:10,12 35:6;108:7;146:1 1,13; 65:14 becomes (2) 149:7 B-64 (1) 18: 11; 100:4

assured (1) 65:16 began (2) 99:15 bachelor (2) 26:6;33:18

astronomy (1) 8:16;117:23 behavior (3) 78:2 bachelor's (18) 153:19;155:1 ,6

Athens (3) 61:2;109:5;114: 14; belong (1) 8:15;9:5;49:11 115:5,7,11,19;116:20; 47:20

Atlanta (3) 11 7: 19,21; 118:8; 119: 1' below (1) 39:24,25;40:1 I 11;129:15;136:18; 103:5

attached (2) 144:22;145:5; 146:25 benefit (3) 62:5,12 back (43) 97:8;99:23;100:4



benefits (15) 93 :4;94:2;96: 18;99:2, 17,19;100:22;141: 19,24; 142:2,4,7;143: 17;144:24; 152:12

Bernard (2) 18:25; 19:2

beside (1) 38:9

besides (2) 37:8;67:19

best (5) 29:21 ;77: 12;126:8,15; 146:1

bestow (1) 21 :5

Beth-Elizabeth-are (1) 40:6

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big (1) 136:5

bill (1) 147:18

birth (2) 61:14;66:23

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blank (1) 132:3

Board (2) 19:23 ;36: 13

boards (3) 36:1,9,19

book (17) 25: 16,20;26:16;27:4, 12;28:4,4,6,15;30:17,19, 23;31 :6;36: 18;38:19,20; 71:9

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bottom (5) 91:1;92:5;I13:15,18; 120:6

Brazil (3) 29: 1 8,22;30:4

Brazil-US (1) 29:14

break (4) 52:8;56: 11; 128:23; 130:24

Brevard (13) 62: 1,3,6,13;74: 13;75:6, 18;77: 1; Ill :4;112: 16; 1 14:2;127:3;130:5

brief (1) 66:19

(2) appear - brief


Desmond, et al. v. Narconon, ct al.

briefly (1) 154:18

broad (2) I0:22;30:9

broken (3) 27:5;68: 15; 137:3

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Brownfield (1) 39:10

Bs (3) 75:4;110: 17;111: 13

builds (1) 31:25

Bureau (6) 102:19,20,21 ;135:21; 141:25,25

business (15) 15:24;21: 19;22:3,5, 19; 23:9,23;25:2;29: 17; 37:13,20,25;38: 14;46: 15; 151:17

businesses (1) 37:24

c Cabinet (6)

79: IO,I4;98:22,25; II9:25;123:22

Cairo (3) 21 :24;37:21,2I

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calculating (1) I49:5

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calculations (8) 90:7;1 05:10;107: 11; I19: I9;I24: II; 135:9; 136:17;153:20

call (3) 15:3;18: 10;33: 18

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calling (2) 72:22;99:I9

Calvin (1) I52:4

came (15) 11:5; 15:7;18: 14,14; 25: I 7;26:25,25;29:9; 38: 12;94:8,18;96:9; 113:23;126: I ;157: 10

campus (1) 25:1

can (54) 12:19; 13:3;16: 10;18:2,

Min-t:-Script®

18,19,23;22: 10;32: 16; 89: 18; 102:3; 105: 10; 87: 18,24;88: 1 ;89:23; 41 :22;42:4;46:21 ;48:4; 120:3;132: 1 90:1 ;93:24; 114:13; 53:24;56:1,3;63: 15; ceased (1) 118:7;149:22 65:25;66:2,I8;67: I8; 26:3 changing (2) 70: 18;81:3,7;91:21 ,24; Census (6) 18:15;46:20 92:2;94: 16;96: 13,13; 102:20,20,21;135:21; Chapel (5) 97:18,21 ;102:10,13; 136:5;141:25 8:18, 19,21;16: 1;41: 11 I03:5; 105: 13; 107:24; Center (12) chapter (9) 108:2;112:23;113:2, 13 , 21: 18;22:3,5, 19;23: 1; 28:5,14, 19;29:7;30:3,3, 13;115:1;121:7;122:18, 36:4,8,9;37:13;46: 12,12; 4,16,23 20;123: 16;128:6; 131:1 0; 126:22 chapters (9) 136: 15; 138:7; 141:6; Central (2) 25:20;26:15,17;27:5; 144:4,4 10:21;11:9 28: 18;30:2;31 :2,6;32:4

candidate (1) Century (1) characteristic (1) 82:23 27:19 69:12

candidates (2) certain (6) characteristics (12) 84:11;85:11 19:21,23;97:3,12; 68:9,12,16,17;69:7,9,

capabilities (1) 99:16;113:7 10,25;95:5;102:24; 11:11 certainly (13) 135:25;148:8

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capital (2) certificate (5) 120:15 12:9;32:1 63:5;71:20;124: 10; checked (1)

capture (3) 125:5;130:8 143:25 88: 10;107:1,13 certification (2) chemical (1)

captures (1) 42:9;123:12 9:23 106:25 certifications (3) Chicago (1)

car (2) 42:11,I2,15 30:7 68:25,25 certified (2) chief (1)

care (1) 41:2,8 108:3 I20: 16 certifies (1) Childhood (2)

career (8) 41:3 36:11,I8 18:5;21 :5;24:3;32:6; cetera (1) children (7) 33: 15;63:20;74:2;133:4 25:20 38:8;39: I7, 18,22,23;

Carole (2) Chair (6) 40:4;122:24 29:10, 11 19: 1,2,4;20:7;28:7; choice (1)

Carolina (7) 36:2 47:19 8:7,8,9, 18; 15: 18; 16: 1 0; chaired (1) chronological (1) 41:10 36:13 53:18

case (42) chairholder (3) circle (1) 6:7; 19:9;20:7;31: 12; 24: 17;38:25;39: 1 11:20 32:1 0;34:8,23;35: 12, 15; chairing (1) circles (1) 38:24;43:8;45: 14;49: 19; 36:3 26:8 50: 16;51:1,18,25;55:8, chairman (2) circumstances (4) 19;58:4,13,25;60: 17; 23:21;24:7 112: 14;124:21,24; 64: 18;65:24;67:6;72:6; Challenges (3) 149:24 77:2;86:24;87:21; 1 05:5; 27: 19;28:21;29:3 citation (2) 110:2;11 1:2;119:13; Chamber (3) 25:15;55:17 145: 12,16,22,24; 148:25; 29:13,I5,17 cited (1) I50:4;152:16;156:5 . change (21) 65:13

cases (11) 46: 18;86: 17,19;87: 13, City (1) 22:9;33: I, 19;42:23; 2I; I02:4; I 05:6;1 06:7; 95:19 55: 16,20;56:3, 18,25; 107:4, 13; 124:4; 136: 10; Civil (1) 102:14;119:24 140: 1,2;141 :20,2 I; 6:5

Catherine (2) 143:21 ,24; 144:1 ;146:14, clarification (1) 25:16;26:I3 14 151:24

C-A-T-H-E-R-1-N-E (1) changed (7) Clarke (1) 26:13 34:6;88: 15;105: 18; 49:22

caught (1) 116: 16; I 24:5; 145: I ,9 class (3) 76:3 changes (12) 110:12;112:IO,I5

Cause (5) 11: 15;46: 17;65: 16; classes (1)



110:8 classic (1)

12:7 clean (4)

53:23,24;54:9;84:24 clear (2)

146:10;152:3 clearer (1)

128:23 clearly (4)

82: 13;84:5;85:9; 147:I9

Clearwater (3) 64:4;133:23,24

clients (2) 33:10,16

close (1) 116:21

closer (1) 13:1

closing (3) 49: 15; 126:18,19

co-author (1) 28:25

co-authored (1) 26:10

Cobb (8) 40:3;45: I1 ,21 ;63:20; 96: I4,I5 ;133 :3,19

co-editor (2) 28:11 ;29: 11

Cold (1) 9:15

collapsed (1) 12:7

colleague (2) 25: 19;33:4

colleagues (2) 21:4;24:15

collect (2) 94:6;136:5

College (39) 10: 12; 14:11; 17:3,1 I ; 20: I9;23:9,23;37:20; 46: 15;62: 1,3, 13,16;75:7, 23;77: I ;78: I0;102:11; 103:20;109:25; 112: 16; 114:3;115:21 ;116: 10,12; 117:6,9,11, 12; 118:5,8,17' 18;119:7;120:22; 122:22; 130:3,6; 142:24

colleges (1) IIO: 11

column (5) 90:5;9 I :2;92:22; 100:23;103:22

combination (1) 29:10

coming (1) 12:4

comment(l) 73:22

Commerce (2)

(3) briefly- Commerce



29:14,15 committee (3)

20:8,9;36:2 Commodities (1)

65:17 communication (1)

113:3 communications (2)

77: 16;78:23 community (12)

35:23,25;62:1,3, 13; 75:6;77:1;112:16;1 14:3; 120:21 ;130:5; 141:23

comp (1) 99:22

company (1) 33:22

comparable (2) 88:3;137:1

comparison {1) 26:19

comparisons (2) 27:17;29:7

compensated (10) 25:5;35: 19,24;36:5,6; 37:8,17,23;38:15;122:20

compensation (2) 38:10,22

compete (1) 85:10

competing (1) 85:24

competitive (2) 86:1,5

complete (5) 43:23;77:4; 112: 15; 153:15,16

completed (5) 8:24;13:20;77:6;117:5; 153:13

completion (2) 75:12;134:25

complex (1) 24:10

component (1) 21:25

composition (2) 78:16,19

concern (1) 29:19

concerned (2) 12:16;29:18

concluded (1) 157: 17

conclusion (1) 30:20

conclusions (4) 29:9;31:4, 12;102:7

condition (1) 12:8

conference (2) 44:25;45:3

conferences (2)

lVIin-lJ-Script@

24:14,19 continued (1) 7: 10;49:11 ;56:23; confirm (1) 12:11 74:25;95:2; 120:3;143 :9;

95:22 continues (2) 151:22 confirming (1) 46:15;90:19 course (17)

62:3 continuing (2) 11:13;12:5;16:9,17,19; confiscating (1) 40:15,22 24:7;44:23;46:18;68:24;

29:23 continuous (5) 72:7,20;75:4,18;85: 16; conflict (1) 107: 13; 118:1; 147:10, 109:20;121 :23; 142:13

28:23 12,20 courses (8) confused (2) contract (1) 21: 13;24:3,7,9;31 :23;

91:15;128:11 80:7 77: 1,3;113: 1 confusing (1) contractor (2) court (9)

127:16 99:1,14 6:7, 12;42:24;43: 16; Congress {1) contracts (4) 50: 15; 120:15, 17;151: I;

27:16 10:20,21 ,21;11:5 156:1 connection (2) contribute (1) cr (1)

33:1;145:12 28:3 112:8 consent (1) contributed (1) creates (2)

151:14 49:14 94:4,5 consider (4) conversation (9) credentials (2)

35:21 ;46:4;47:7;99:23 55:2,9;57: 12;58:3,6, 10; 41:25;48:16 considerably (2) 145: 18,20; 154:18 credible (1)

80: 10;98: 17 conversations (2) 156:8 consideration (2) 146:9;155:13 credit (20)

68:2;85:23 conveyed (1) 16: 18;38: 19;45:4; considered (4) 125:10 110:12,21;111:11,22,24;

9: 16; 122:21 ;123:5,7 convicted (1) 112:9,16,21,22,25;113:2, constant (2) 50:12 4,5,7,11,14;114:2

91:23,24 copies (2) credits (2) constitute (2) 53:23;65:2 109:20;112: 13

50:19;51:24 copy (5) crime (I) constrained {1) 46: I ;51: 12;53:24;54:9; 50:12

46:22 131:10 criminal (4) consult (2) corporation (1) 85: 18; 154: 14, 15; 155:6

11:2,10 33:21 criminology (1) consu1tancy (2) Corps (8) 78:4

24:24;33:25 73:4,11;75:21,25;76:5; criteria (2) consultant (7) 122:1 ;126:21; 156:20 48:20;85:7

10: 13,17;24:20;25:18; correctly (2) critical {1) 34: 12,21 ,22 142:16,25 152:24

consultation (1) correspondence (6) cross (1) 36:22 51:6;54:21,25;72: 19; 68:9

consulted (1) 75:3,18 crossed (2) 11:3 cost (5) 60:12,13

consulting (12) 97: 19,22,24,25; 142:1 crossing (1) 12: 11;14:8;25:7;31:20; costing (1) 68:25 32:25;33:3 ;34: 1 0;35: 18; 98:16 crosswalk (1) 37:9,18;42: 16;44:5 costs (1) 69:1

consumed (1) 98:7 Cs (3) 125:3 Council (5) 74:25; 110: 17; 111 :13

Consumer (1) 22:15,21 ;23 :2,3;38: 15 culled (1) 65:17 counsel (4) 147:16

consumption (1) 6:4;119:21 ;134: 15; Cultural (3) 81:2 146:22 36:4,8,9

contacted (5) counter (1) culture (1) 51: 1;54: 19,20,23;57:6 29:21 24:10

content (1) County (21) cumulative (1) 18:4 40:3;43: 16;45: 11,21; 112:2

context (4) 49:22;63:20;64: 1;96: 14, current (3) 1 0:24;30:9;31: 1; 15; 126:21,22,25; 127:4,9, 13:12;39:1;88:16 115:24 11;131:1;132:9,11,16; Currently (4)

Continue (1) 133:4,19 36:20;44:7;47:18; 120:16 couple (8) 88:23



curriculum (1) 12:23

curve (1) 104:22

cv (9) 13:9,12; 18:24;25: 10; 31 :5,14;38:2,5;44:12

cycle (2) 11:20;12:3

D

damage (1) 149:15

damages (1) 149:5

DARPA(1) 11:5

data (38) 44:12;67:20;69:4;94:7; 101 :22;102:25;103: 1,1; I 04:2,2,4,11; 106: 15,22, 25; 116: 16;119:6;135:16, 16,17;136:2,2,13; 137:3, 17,19,24;141 :24; 143:2; 14 7: 16; 148:7,11; 149:22, 25; 150:5; 152:5,1 0;154:2

date (20) 14:23;43:4;58: 15;60:9; 61: 14,15;66:23,24;70:7; 75:9,10;81 :5,22; 124:13, 14; 126:18,18, 19; 138:25; 157:11

dated (14) 51: 17;53:4,11,11,14; 54: 14,16,17;59: 19; 102:1, 3;121 :8;139:24;143:3

dates {2) 79:5;113:19

date-wise (1) 49:3

daughter (2) 40:1,5

Davis (8) 51: 10,17;54:22,23; 55:4;58: 12,14;129:3

dawned{1) 115:22

day (3) 7:20;24:24;102:1

days (6) 8:25;9: 13;12:3;24:25; 93:24; 151:17

DC (1) 8:5

deal (2) 47:3;80:25

dealing (7) 22:6;28:20;32:7;47:1 1; 68: 14;80:25; 148:2

deals (2) 32:13;125:10

dean (9)

( 4) committee - dean



15:24; 17:8, 14; 19:11; 21: 17;23:4,5,9,22

death (28) 31: 17;33: 1;34: 15;57:2; 58: 15;60:10;61: 15;63:5; 66:24,25;70:8;71 :20; 81 :5,22;83:12;92:6,7; 124:9, 13,14,21,22,25; 125 :5; 130:8; 153:3, 14; 156:2

deceased (1) 57:25

decedent (1) 58: 18

December (24) 42:25;43:1,18;5 l:l7; 53:4,11,12, 14, 15;54: 10, 14,16, 17;59: 19,25;86:4; 102:2,3; 139:24; 142:23; I43:3;144:11,16,17

decide (1) 148:3

decided (4) 21 :21;27:3;33: 12; 49:12

decision (3) 20:10;85:3, 19

decisions (1) I 1:22

declared (1) 73:14

decline (2) 88:4;90:19

declining (1) 32:9

defendant (6) 34: 16, 19,20;49: 19; 134:9,22

Defendant's (2) 64:7,12

Defendants' (12) 13:6,8;42:19;44:10; 52:6;53:20;57:19;64: 13; 66:5; I28: 19; 132: 19; 151:11

Defense (11) 8:20;9:3,4,12,20; 10:1' 6;11:6,12;35:15;119:21

deficiencies (1) 9:17

define (2) 32: 19; 108:5

definition (1) 109:1

degree (61) 8: 16;13:23;41: 19,20, 21 ;61: 1 ,2;102:11 ;I 03:20; 109:6,7 ,11 ,12,21,25; 110: 1,10;113:7;114:3,6, 14, 18,20; 115:5,11, I 9; 116: 10,20; 117:6,9,11 '16, 19,21 ,23;118:8,10; 119:1, 3, 7,1 1' 12; 122:22; 129:12,

Min-t:-Script®

15; 136: 18,24; 137:6,14, 21:7 114:22;115:8,12,14,15; 16,22,25; 138:2,6;140: 11, design (1) 118:25;136:11;141:2; 17; 144: 15,22,23;145:5; 49:9 143: 19;147:21;149: 16, 146:25 designer (1) 18;150:9,16

degrees (2) 50:2 differential (2) 9:19;140:13 desk (1) 35:8;115:17

deluge (1) 65:22 differentials (1) 64:25 Desmond (43) 35:9

demanding (1) 51:20,22,23;57:15,17; difficult (1) 156:21 60:1,5;61: 14,23;66:23; 48:21

demise (1) 67: 16;70:22;71 :4,12; difficulties (1) 47:4 72:25;85:4,20;96: 17; 73:1 8

demonstrate (1) 98: 13; 100: 18; I 01 :20; dimension (1) 141:3 I 07: 10, 18; 113: 11; 108:1

demonstrated (1) 119: 16,22; 122:15,25; dimensions (1) 48:17 I23: 17; 129:7; 130:2; 67:21

Department (15) 133:18; 136:20; 142:11, diminished (1) 9:2;10: 1;14:5;15:7; 12; 148: 14, 17;152: 14; 24:1 16: 12;21: 1;23:21 ;24:8; 153:3; 155:8,15; 156:8,25 dinner (1) 26 :22,22;63 :24; 120: 18, Desmond's (7) 45:10 20,21;126:17 74:1 ;79:3;97: IS; diploma (12)

depend (2) 124:21;152:6,11;154:14 62:7;72: 12,14, 17;73:5, 85:16;94:1 details (1) 12,15;102:19;103: 19;

dependent (1) 63:20 108:13,18;119:9 149:25 determinant (1) diplomas (1)

depending (3) 115:23 73: 17 93:25;104:24;124:2 determine (2) direct (1)

deponent (1) 92:2;150:24 6:12 6:21 determining (3) directed (1)

deposition (31) 32:4;76:18;77:7 10:19 6:3, 13;7:7;35:1, 13; develop (2) directing (2) 43:7 ,22;50: 18;51 :8,22, 11:7;22: 11 12:1 ;21:18 22;52:22;53 :25;55: 18,25; developed (1) directly (2) 65:7;72:24;76: 14;79: 12; 11: 13 33:18;156:25 102:5; 115:20;123 : 10; Developing (3) director (12) 129:22; 135:1; 140: 14,16; 30:22;38:12;46:9 22:3,5,19,20,21,24; 144:1 ;145: 13;151: 18,21; Development (2) 23:2;26: 1,3,5;37: 12; 157:17 33:9;48:18 46:13

depositions (14) develops (1) disability (2) 33:1 0;42:24;49: 18; 46:17 68:21;93:7 57:24;59:22;60: I ,4; devoting (1) disabled (3) 64:21;102:6;124:23; 110:6 68:20,20; 100:2 140:5; 152:18;153:5; DGA(1) discarded (1) 155:14 51:20 132:4

depreciation (1) dictate (1) discipline (1) 12:8 97:11 22:10

Depression (1) dictated (1) discount (7) 88:23 69:10 90:22,25;106: 12, 16;

derived (1) died (12) 118:24; 150:12,16 87:19 58: 18;71 :4,13;80: 17; discounted (5)

describe (3) 84:1 ;109: 15;113: 12; 105:24;106: 1,3,8; 102: 10; 116: 17;122:14 121:1 0; 124: 15;125:3,12; 114:10

described ( 6) 155:16 discounting (3) 47: 10;72:18;74:23; difference (13) 90:23;91:24;1 06:14 81: 1;96: 10;117:10 16:3,22; 17:18,1 9; discovered (1)

describes (3) 118:4;119:7;139:22; 49:16 66:21 ;81 :9;133: 16 141 :8; 142:20,24; 144:5,8; discovery (1)

describing (3) 145:6 6:8 81: 16; 101 :22; 120:23 different (30) discuss (1)

description (5) 18:11 ;61 :24;78: 18; 47:16 66:20;72:22;79: 14; 88:17;89:9, 15,20,22; discussed (2) 133:15;134:4 94:7;95:3;96: 14;98:3; 143:6;145:14

descriptor (1) 102:7;103 :] 2;1 06: 13,23; Discussion (5)


Francis WiUard Rushing December 9, 2011

23:6;36: 15;42: 17; 115:9; 128:16

discussions (1) 155:14

disseminate (1) 126:7

dissertation (5) 8:23;9:23;13: 16,19; 25:23

distance (1) 12:2

distances (1) 103:14

distinction (1) 135:7

distorted (1) 103:6

distributed (1) 32:21

distribution (2) 22: I1 ;38:20

divided (3) 24:9;25:20;26: 15

division (2) 29:14,15

docs (1) 41:22

doctor (1) 42:1

document (15) 42:22;64:24;74:20; 98: 10;100: 16;107:7,9; 108:11;121:25;125:15, 23;126:5;129: 18;133:6; 134:2

documentation ( 4) 54:25;62:6;79:8; 125:12

documented (1) 123:10

documents (14) 50: 19;51 :23;58:7; 59: 15;64:17;65: 13;66:9; 87: 12;119: I 0;1 22:15; 128:5,24;130:18;145:11

DOD (1) 10:20

dollar (1) 93:5

dollars (8) 19:4;1 05:7,7,11,19,20, 25;119:9

done (14) 21 :8;27:14;73:13;81:8, 11,17,18;82:16,22;83:1; 86: 13,15;105:5; I 07:14

double-checking (1) 54:11

double-counting (1) 93:22

down (23) 24:4;27:5;36:14;68: 15; 70: 18;74:21 ,22;89:4;

(5) death - down



91:1,10,11 ;92:5;1 01: 13; 104: 15,24;107:24;112:1; 113:15;115:3;120:6; 128:7; 137:3;147: 19

Dr (8) 6: 19;7:7,19;13:8; 42:21 ;52:7;56: 16; 128:22

draft (2) 8:23;13:18

drafting (1) 44:24

dramatic (I) 107:25

draw (1) 32:1

drawn (4) 29:9;32: 17;68:8, 10

drew (2) 61:16;102:6

drinking ( 4) 69:20;76:10,II;122:10

drive (1) 88:1

driver's (4) 155: 16,19,22;156:2

drug (13) 69: 15;76:22;84: 14,18, 24;85:2; I20:I5,17; I 52:7, 11,i5;153:1,2

drugs (5) 76:3,6;81:2;84:25; 122:2

Ds (3) 74:25;11 1:14;112:5

dues (3) 48:1,7,9

DUI (2) 155:2,13

DUis (3) 155:9,14,19

duly (I) 7:2

during (11) 8:2,3; 15:8;23:24; 24:20;50:25;53:25; 75:2I ;81 :7;I 00:4;121: 18

duty (1) 13:21

dwell (1) 125:10

E

earlier (6) 40:24;59:25;72:2; 146:24;154:18;155:25

earlier-that (1) 152:22

early (5) 17:1 0;22: 14;27:8;89: 1; 104:21

earn (7) 82:8,18;102:24;

Min-U-Script®

123: 14;141:7,15,16 15; 102: 18,22;1 03:20,23; employer (6) earned (4) 104: 13; 108:21 ;118:8,16; 93:25;97:25;98:8,17;

91:12;92: 12,13;112:13 124:4; 135:24; 140:10,20 99:6,12 earning (4) Educational (IO) employers (2)

103:24,25;108:6; 8:20;9:12;26:18,21; 97:12;142:2 115:23 27:1,10;108:18;110:7; employment (14)

earnings (8) 140:6,23 70:1 0;71: 1 ;80: 14;81:6; 65: 14;82:3;83: 11; Educators (6) 84: 18; 136:2;141 :23; 87:14;104:12;117:8; 44:19,20;47: 15 ,23; 147:6, I 0;152:25; 156:4,9, 118:7;142:10 48:3,11 9;157:3

ease (1) effect (1) enclose (2) 89:25 152:15 51:18;58:25

easier (1) effectively (1) encouraging (1) 131:11 123:22 140:23

East (1) efforts (1) end (3) 10:19 73:19 32: 12; 104:22;113: 18

easy (1) Egypt (1) endowed (6) 48:23 21:24 I9:2,2,6,22;20:2;24:5

Eckstein (1) eight (5) endowment (3) 30:8 30:2; 113 : 14;138: 16; 19:5,12,14

econometric (1) I43:1;146:4 engage (1) 11:14 either (5) 40:15

economic (35) 20:21 ;22: 13;29:23,25; enhance (2) I1: 16; 12:8;2I: 19;22:3, 57:2 22:9;4I:25 6,15,19,21;23:3;29:6; elaborate (1) enhanced (2) 32:4;34:12,14,24;35: I I; 12:18 107:14;118:6 37:13;44:17,17,18,20,21 , electronically (1) enhancement (2) 21;45:9;46: I0;47: I3 , I5, 59:22 107:3;118:17 22;48:2, 11 ;57: 14,15; element (1) enhances (3) 60:24;125: 11;149:5,15 18:12 38:23,23,24

economics (21) eligible (4) enjoy (2) 8: 17,22;9:22; 14:5,5; 108:13, 16;154:15; 118:6;122:19 I 5:7, 19;20:23;2I: 1 ,25; 155:20 enormous (2) 22:2,7,10;23:22;31:1 I; eliminated (1) 89:24; 136:7 32: I 9;41 :9;42:4;47:8,9; 24:8 enough (2) 48:19 Elizabeth (1) I2: 19;73:21

economies (1) 40:1 enroll (1) 46:9 else (18) 75:6

economist (4) 7:1 0;21: 12;25: 13; enrolled (1) 32:22,23;41 :2;42:23 28:14;30:4;33 :20;37:2; 75 :1 8

economists (5) 67: 18;79:2;85:4;117:I7; entered (9) 41 :3;44:9; 149: 14,16; 119: 10;121: 16,20; 6:6;8:21 ;52:21 ;75: 16; 150:9 133: 15;141:3;145:21; 102: 17; 137:6;I 53:3,25;

economy (I3) 157:8 154:9 9:22,23;11: 14;30: 1; elsewhere (1) Enterprise (6) 86:5;88:17,17,22;89: 19, 74:5 19: 1;20:8;27: 19;28:8, 20;I02:24;I03: 1;119:5 E-mail (2) 21;44:19

Edison (7) 59:16;157:12 Enterprises (I) 62: 16,19,20,23;75:22; embedded (1) 50:4 78: 1 1; 130:2 76:14 entire (2)

edited (5) emeritus (2) 51:25;74:1 27:23;28: 1,6,13;30:24 20:22;2I:2 entities (3)

editing (1) employability (1) 87:2,3,5 30: 19 84:19 entity (1)

editor (2) employed (6) 10:17 28:10;29:8 21: 14;37: 19;70:6; entrepreneurial (1)

educate (1) 80:15;87: I; 147:9 28:20 38:8 employee (11) entrepreneurship (3)

Education (32) 11 :25; 15: 12;16:24,25; 46:10,13;47:13 21: 19;22:4,6, 15,20,22; 33:14;96:21 ;97:23;98:3, entry (5) 23:3;24: 10;27:8,15; I2;99: 15,23 43:6;116:I2;121:12; 37:13;40:16,22;46:10,11; employees (3) 137:12;143:7 47: 13;70:25;79:3;82: 14, 88:2;98:23; 102:25 entry-level (4)



116:8,8; 117: 11; 136:21 environment (I)

11:16 equal (2)

87:23;92:14 equally (1)

113:1 era (1)

9:I5 error (3)

144:20,25; 145:3 errors (1)

144:7 especially (1)

156:5 essential (2)

9:20;133:16 essentially (15)

7:24;19: 11 ;22:6;24:5; 28:24;29: I ;70:8, 17; 90:24;102:23; 109:7; 118: 1,13; 132:3;134:24

Essentials (1) 78:6

establish (3) 18:3;129: 1; 150:25

established (2) 19:13;141:13

establishment (2) 11:12, 18

estimate (1) 70:14

et (1) 25:20

ethanol (2) I24:16;I25:6

Eugenia (2) 19:1,3

European (1) 10:19

evaluation (1) 18:12

even (16) 19:1 7;25:24;30:6;35:4; 42: 13;49: 18;83:8;85:18; 89:2;1I8:1 0, I4;125:10; 147:7; 150: 18; 155: 15; 157:15

eventual (1) 38:24

eventually (2) 26:1 ;38:3

everybody (3) 56: 12; 135:22;147:2

evidence (1) 82:24

exactly (2) 72:23;87:23

EXAMINATION (2) 7:4;151:25

examinations (1) 154:20

examined (I)

(6) Dr- examined



7:2 examples (1)

68:18 exams (1)

72:11 exceeded (2)

146:2,3 excellent (1)

111:21 except (6)

6:9;24:6;38:22;48:2; 59:7,8

exception (2) 6:14;59:5

exceptional (1) 116:9

exchange (1) 26:21

exchanges (1) 26:24

Excuse (14) 23 :7;41 :6;57:23;58: 14; 63:24;65:18;98:21; 100:1 6;101 :5,17;102:20; 135:3; 139:3; 141 :25

executive (1) 22:21

Exhibit (66) 13:4,6,9;42: 19,21; 44:1 0;45:18,22;51 :24; 52:3,6,19;53:20;54:13, 13,17,18;55:23,23;56: I, 17;57: 19;58:25;59:3,4,6, 10;64: 14,16;66:5,22; 87: 16;128:19;129:2,5,9, 12,15,24; 130:2,5,8; 13 1: I, 3,6, 19;132:5,19;133:3, 21; 134:8,21 ;137: 14; 139:23,23; 142: 19,21; 143: 13, 15,18,18;144: 17, 18; 148:14;151 :11 ,16

Exhibits (7) 53: 18;139:19; 144:6, 11;148: 16,24;149:1

existed (1) 11:14

existence (1) 12:10

exited (2) 51:7;129:21

expect (8) 36:5;67:23;69: 19;70:5; 105:1;135:11;141:6,12

expectancy (17) 67:1,4,8,11,12,18;68:3, 4;69:5,16,21,23;70:21; 78:9;129:7;147:3;149:11

expected (2) 146:25;147:1

expects (1) 151:1

expend (1) 19:11

1\ lin-I.:-Script\ltl

experience (19) 23;20:25 57: 18;58:25;59: 16,24; 32: 15;50: 14; I 08:22; failed (12) 65:8,20,23;66: 15,20; 115:25;116:8,10,18; 77: 17;78:6,11 ,13, 17, 82:7 ;92:24;94: 16;96: 16; 117: 14; 124:5; 137:10,1 0; 19,20,22,25;112: 10; 99:7;132: 18;151: 16,20 138:17 ,24; 139:5,8,10, 15; 153:25;154:10 ftled (2) 150:2; 151 :2 fair (4) 49: 15; 132:25

experiences (1) 114:1;148:9;149:13; fill (2) 31:25 153: 11 39:6;92:5

expert (11) fairly (3) fills (1) 12:9;31: 16;33:6;34:12, 43:2;89:25; 122:20 134:17 22,24;35:11 ;45: 10,15; falls (1) final (2) 50:14,16 104:10 20:10;157:13

expertise (11) family (1) finally (1) 10: 10; 12: 15,16,17; 74:10 102:5 25:21 ;35 :21 ;46:4;4 7:8,9; far (7) fmance (2) 48:17;70:1 35: 15;43:23;45:4;83:5; 36:2;42:14

experts (1) 84: 1;88:23; 125:14 fmancial (2) 9:17 fashion (2) 21:11 ;42: 12

explained (1) 138:15;141:5 financially (1) 135:8 faster (1) 122:18

explicit (1) 89:3 find (12) 154:21 father (9) 61: 13;75:9;81:6,14;

expressed (1) 72:9, 16;76:8;79:16; 96: 14;103:9;120: 17,18; 121:24 123:9;124:23;140: 13,15, 123:16;127:24,25;135: 13

extensive (1) 22 findings (1) 84:17 father's (2) 27:16

extensively (1) 76:14;79:13 Fine (2) 152:19 February (1) 6:23,24

extent (6) 66:24 finish (2) 38:22;47:14;73:3; fed (1) 76:20;89:6 84:21 ;90: 1;107: 12 11 :20 finished (4)

extracted (2) federal (1) 7: 14;13: 15;33: 14; 59:8;65:21 99:16 157: 16

extraneous (1) FedEx'd (I) frre (4) 63:13 58:8 63:24; 120:18,20,21

feel (2) fired (I) F 50:22;147:15 44:3

felony (2) firefighter (31) facetious (1) 85: 17; 154:22 60:25;63: 14;81: 10,12;

150:23 felt (2) 82:4;84: 15,20;86: 1; facilities (3) 17:9;123:10 92: 12;102: 16;106:21,23;

153:2;154: 1,10 female (1) 108:3,8;120: 1,2;126:10; Facility (5) 69:14 127:8,10;129:8;130: 16,

58:1 ;81 :20;12 1: 18; females (2) 25; 132:7,14; 141 :4,22; 125:1,2 69:10,1 1 148:18; 154: 16;155:20,

facing (1) Fcrst (3) 23; 156:6 32:2 36:11,17,18 Firefighter/paramedic (2)

fact (15) few (2) 126:25;131 :20 9:24;10:18;11:12; 33:12;103:7 firefighter-paramedic (1) 18:20;21: 14;23:2;33: 15; field (2) 64:3 35: 13;50:4;80:24;85:21; 8:22;41:9 firefighters (t 0) 88:3;90:20;95:3; 141:5 fields (2) 63:1 ;82:8,17,18;87: 1;

factor (3) 9:18;12: 11 94:9;96: 11 ;108:3,14; 84:14; 116:7,7 figure (7) 126:9

factors (4) 34: 13;91 :16;92:23; firefighter's (2) 68:2;85:9,16;87 :25 109:23;128:4; 143: 15; 141:3;156:13

facts (1) 146:19 Firefighters' (6) 58:4 figures (9) 63:11;88:14;125:16,

factual (I) 80:9, 10;86: 11 , 11 ;90:5; 20;126:3;130:10 58:20 91 :2;94:23; 100:23; firefighting (7)

faculty (12) 132:22 59:1 0;63: 12,24;95:5; 10: 13;14:20,22;15:5; file (21) 107: 16;127:7;134:5 16:7,7, 12,18; 17:2;19:18, 45:25;50:20;51 : 15,25; fire-related (1)



127:1 firm (5)

49:9;55:7, 13,19;60:1 6 firm-or (1)

50:3 first (34)

7:2; 15:23; 16:25;19:8; 25:24;27:21 ;33:3;34:7,7; 48: 15;5 1: 1,5;53: 11; 54: 14;60:23;61: 13; 66:21;74: 19;75:12; 80:10;85: 14;90:6;92:8; 103:21;105: 15,18;1 16:2, 13; 120:1 0;134:9,22; 139:23,24;152:5

first-publication (1) 38:2

five (10) 18:17; 19: 13;32:6; 39:23;90:22,24;114: I 1; 146:20;150: 12; 151:6

fixed (1) 101:9

flag (1) 122:4

flat (1) 21:20

Florida (24) 63:2,11 ,23,24;64:4; 82:8;94:9,15,21 ,25;96:3, 11; 120: 14;125: 15,20; 126:2,17;127:7; 129:20; 130: 10; 133:14,25;134:5; 155:12

Floridacom (1) 95:9

focus (2) 28: 15;33 :24

focused (1) 46:24

focusing (2) 26:5;153: 18

focus-is (1) 29:19

follow (1) 35:14

Following (1) 61:3

follows (1) 7:3

football (1) 122:4

Force (12) 8:25;9: I ;10:5; 13:24, 25; 14: 1;47: 11;102:17; 118: 16; 137:6;147:5,24

Foreign (1) 26:23

foreigners (1) 29:25

forget (1) 30:4

forgo (1)

(7) examples - forgo



73:19 form (5)

6:9;43:9;58:22;153 :6; 156:11

formalities (1) 6:12

forth (1) 50:5

forward (4) 122: 13;123: 1 ' 18,23

found (3) 49:2;70: 1 0; 143:24

Foundation (7) 26:9;28: 12;29: 12;36:5, 11,18;38:14

founded (2) 10: 15;48: 11

founding (1) 48:3

four (13) 8:22;14:14;24:24; 39: 18;60:20;86:10;110:4, 4,4;111 :22;113:2;136:9; 139:11

fourth (1) 61:2

France (1) 30:4

Francis (4) 6:3;7:1,18;42:23

fraternities (1) 48:24

free (1) 50:23

frequently (1) 24:4

Fringe (16) 92:23;94:2;96:18;97:8; 99:1 ,16,19;100:22; 101: 14; 141: 18,24; 142:2, 3; 143: 17; 144:24;152: 12

fringes (8) 94:3;96:22; 101:8,10, 17,18;142: 14;144: 16

front (4) 59:14,17;68:24;120: 10

FSFAcom (1) 131:12

full (15) 7: 17;8:20;9: 18;17:23; 18:17,21 ;19:20;20: 17; 35 :4,13;36:23;75: 15; 101 :20; 1 02:25; 107:8

full-time (8) 11 :25; 15:11 ;33: 13; 34:2;37:6; 1 02:25; 108:12;110:3

fully (2) 30:24;90:2

Fulton (1) 43:16

function (1) 28:14

l\1in-C-Script@

functions (1) geography (1) 115:21;1 16:12;118:5; 133:16 133:14 138:20,20,25; 141:7,12,13

Fundamentals (1) Georgetown (1) graduated (3) 78:22 25:22 8:13,18;10:1

funded (1) Georgia (51) graduates (3) 29:16 6:5;7:23,24;8: 1 ,2,3,3,5, 118:17,18,20

funding (1) 9,15;9: 1;11 :25;14:2, 7,13, graduation (3) 100:6 19,20,21,22;15: 1,6;17: 1, 13:22;75: 10; 139: I

funds (3) I ,6,13, 15; 18:14, 16;20: 13, grandchildren (2) 19:6,9,12 14,18;22: 1,18,21,23; 39:23;40:9

further (2) 23:1 0;28:8;32:6;33:5,7, grant (4) 12:24; 140:23 13;37: 11 ;46:11 ;49: 11 ; 16: 16;29: 12,13;38: 13

future (11) 63:21,21;64: 1 0; 133: 13; granted (6) 70:9;71:1;101:11,15, 146:23; 150: 15,19 16:8,12,13;20:21,25; 16;104:23; 105:4,7; Georgia's (1) 87: 14 119:23;143:14;152:25 134:9 grants (1)

gets (2) 19:17 G 122: 10; 138:5 greater (1)

Gibson (1) 118:18 Gainesville (7) 70: 12 green (9)

63:3;92:25;95: 1,7,8; given (9) 61 :7;66: 16,21 ,22; 96:1,4 42:24;43:24;44:8,14; 101: 1,19;129:6;135:6;

gaining (1) 57: 16;58: 17 ,20;60:4; 136:15 32:14 140:21 gross (1)

gains (2) gives (6) 142:17 104:21,22 19:25;41 :5;63 : 12; group (8)

Gamboa (1) 111:13,21,22 10: 14;22:24;36:4; 70: 12 giving (3) 47: 16;48:14;97:24;98:5,

game (1) 87:5;98:14;104:11 18 11:23 goes (14) groups (2)

Ganz (1) 19:20;42:25;65:9; 47:20,23 29:10 76:24;90: 18;96:4;104:9, grown (2)

gap (2) 9,14;111:25;115:1; 39:19,20 80: 13;81:3 140: 19;142:9;148:25 growth (3)

gaps (1) good (15) 30: 11;149:16;150:8 134:17 21:5,7;35:6;38:6; gness (5)

gardening (1) 72:21;98: 18;122: 13, 16, 24: 17;85:6;97:12; 37:2 21; 123:1,8,15, 19,24; 153:6,7

Gasparilla (1) 146:1 guessing (1) 126:20 goods (1) 43:2

gathering (1) 32:20 45:13 Coogle (1) H

gave (4) 96:10 22: 12;30:25;42:22; Googled (1) habits (1) 50:18 94:9 76:13

GED (1) government (2) habitual (1) 72:13 9:16;28:23 12:2

general (8) governmental (5) half (9) 27:6;28: 17;46:8;71 :2; 87: 1,3,5, 10;97:16 11 :24;75: 17;80:21; 102: 10;133: 15;146: 10; governments (1) 81:7;83: 14,17,23; 117:22; 149:12 32:8 139:14

generalization (2) gradations (1) HaU (2) 67: 15;70:21 17:24 9:3 ;10:5

generalize (1) grade (6) Hand (3) 141:24 110:18,24;111 :1,19; 27: 18;28: 19;140:5

generalized (5) 112:1 ,2 handwriting (4) 69:4; 141 :24;142:9, 1 0; grades (4) 60:9;61 :5;63: 16,17 149:25 75:4;77:7,12;1 10:17 handwritten (14)

generally (6) grading (1) 51: 19;57:25;60:2,20, 18:6;38:22;45: 14;69:6; 111:14 23;61:22,25;63:2;66: 16; 73:15;110:3 graduate (18) 79:6;109:8;119:15;129:6,

generated (4) 8:2,12,20;17:8;23:5,5; 24 19: 12;22: 14,15;61: 12 61: 15;71:24;1 06:24; happen (3)



12: 15;97:3,7 happened (3)

9: 13;88: 13;121:5 happens (2)

47:4;105:8 happy (2)

46:3;56:6 Harris (11)

55:3, 13;56:4,19,22,24; 57:1 ;58: 14;60:9;61 :9,11

hate (1) 151:8

head (1) 115:4

health (10) 69:9,9,25;96:22;97:13, 15,16,24;98: 16;142: 18

healthcare (8) 93:8;97:3,7,17, 18,23; 98:5,23

hear (1) 7:11

heard (2) 42:11;146:24

Heather (1) 40:14

height (1) 73:18

held (2) 23: 15;29:24

help (2) 105:16;120:3

helpful (1) 7:15

helps (1) 11:7

Here's (1) 80:12

Hernando (1) 126:22

HH(1) -131:8

high (60) 8:10,11;15:21,22; 30:22;60:25;61: 15;62:7, 8;71 :23;73:4,12,15,16, 21;74:2,3,4,8, 17;75:1 0, 11;76:9, 11,20;82:14; 101:20; 102:1 0,19; 103: 19,21,23; 104: 13; I 06:23;1 07:7;108:11,13, 17,21; I 09:2;114:7; 118:5, 9,20; 119:1,9,11; 129:9; 136:24; 138: 15,19,20; 140:11 ;141: l ,6,7, 12,13; 143: 13 ;144:6

higher (11) 17:4,19;89:2;95:3,4; 98: 17;103:9;106:25; 107:20;108:8,9

highly (1) 103:6

Hill (7)

(8) form - Hill



8:18,19,21 ;16: 1 ;41: 11; 104:20;127:1

himself(2) 99:4;110:6

hire (4) 19:9,16;85:8,23

hired (5) 15: 17; 17:5,25; 18:1; 34:18

hiring (1) 156:5

historical (1) 47:24

historically (4) 87:9,25; 110:13,25

history (11) 85 : 19; 149:21;150:5; 152:14, 19;155: 19; 156:4, 9,10,23;157:3

hit (1) 68:25

Hock (1) 43:15

hold (1) 128:6

holder (1) 29:22

holding (2) 16:14;52:14

honest (3) 35:8;55: 12;1 25:9

honorary {1) 21:10

hopefully (3) 68: 10;81 :23;148:9

Houck (1) 43:16

hour (1) 39:3

hourly (1) 142:8

hours (17) 37:4;40:25;65: 14; 87: 13; 109:24,25; 112:21, 22,25;113:2,5,7,11,14; 114:2; 146:4,6

household (3) 135: 16,23;136: 12

households (1) 135:19

human (2) 12:8;32:1

hundred (1) 143:1

hypothesis (1) 117:6

hypothetical (6) 81:25; 102: 14,15; 107:18;117:7,7

hypothetically (3) 107:19;109: 18;1 17:4

1\Iin-L-Script®

incorrectly (1) informal (1)

I 38:7 45:12 increase (5) information (41)

idea (2) 88:7;105: 1;114:21; 27:3;57: 16;58:17,20;

34:9;94:22 116:13; 118:19 59:8;61 :8, 12, 16, 16;

identical (7) increases (1) 63: 10;70: 18;71:3,11;

63:4;95: 1,6,7,9,25; 38:24 76: 13;79: 11 ;84: 13;85:1,

149:8 increasing (2) 6,7;94: 14;95:8,10,20;

identification (7) 90:23;91 :23 96:3,15; 124:20;125:7,1 0;

13 :5;42: 18;52:5;53:19; independent (3) 131:5, 17,22; 134:16,18;

66:4; 128:1 8;151 :10 37:24;99:1,14 135: 18; 136:7,11 ;148: 16;

identified (14) independently (1) 149:25; 152:5, 10;154:8

25: 14;55:21 ;59:25; 98:5 Initially (2)

61 :23;63:3,12;64: 13, 16, index (1) 85 :8;102:1

21;66: 12;97:25;122:7; 87:18 injury (3)

139:11 ;146:22 India (1) 31 : 18;34: 15;57:3

identify (4) 30:3 inkling (1)

19:23;51: 16;59:15; indicate (1) 121:23

130:19 78:3 installation (2)

identifying (2) indicated (3) 119:25; 123:22

64:4;95:17 31:6;84:17; 119:21 installer (1)

II (1) indicating (3) 79:11

78:19 104: 17;107:22;111: 13 installers (2)

ill (1) indication (1) 98:22,25

148:4 80:14 installing (1)

illegal (2) Indices (1) 79:14

154:25;155:1 65:17 instance (2)

illnesses (2) individual (13) 23:21;107:16

68:20,22 34: 14;67: 14;68:4;69:3, instead (2)

imagine (1) 4,6;70:24;117:4,8,20; 71:18;135:9

126:6 144:3; 148:12;150:1 Institute (1)

impact (5) individually (3) 10:15

11: 17;68:22;69:25; 31:2;33:22,23 institutes (1)

85:2,19 individuals (10) 12:18

impacts (1) 9:19;10:11 ;28:2,2; institution (7)

68:23 29:2;68:9;96:11;1 02:22, 16:6;41: 10, 14,20;58: 1;

implemented (1) 23;147:19 72:1 1;113:4

72:10 individual's (2) institutions (5)

implies (1) 69:25;82:3 18:8,10;20:21 ;27: 11;

116:7 inducements (1) 111:1

important (5) 17:7 instructed (1)

18: 12;47:2;69: 11 ;77:7; industrial (1) 22:17

78:9 140:18 instructions (I)

importantly (1) Industries (5) 123:12

31:23 30:22;32:9,10;47:4; instructor (2)

imprimatur (1) 65:15 17:22,25

41:5 industry (1) insurance (7)

incident (1) 9:24 96:23;97: 14,15,16;

100:3 ineligible (2) 142:6,18,18

include (4) 154:23; 155:20 intellectual (5)

65: 19;93:11;94: 1; inflate (2) 12: 12;28: 12;29:5,24;

146:10 106:11,15 46:7

included (3) inflated (2) Intelligence (4)

52: 18;53:5; 148:15 106:8;114:10 9:4;10:6,21; 11:9

Including (1) inflating (2) intent (1)

99:3 91:25;105:21 22:9

income (11) inflation (8) interact (l)

79:19;93 :24;99:9; 87:22;88:1,3,8;107: 1; 140:22

105:1 ;108:6;116:25; 118:23,25;149: 10 interacting (1)

118:7,19;139:11;141:10; intluence (2) 24:15

153:22 12:25;32: 15 interaction (1)

incomes (1) intluences (1) 122:20

32:16 140:20 interest (2)



29:21;38:11 interested (1)

94:16 interesting (2)

93 :19;136:3 interests (3)

46:18,21,21 interior (2)

49:9;50:2 Intermediate (4)

77:18,20,22,23 International (11)

15: 11;24:18,18;25:8, 18,19;29:6,15;33:8; 46:12;140:18

internationally (1) 24:16

Internet (5) 59:9;62:18;63:11; 126: 1;131:7

interpret (1) 123:20

interpretation (2) 120:25 ;126: 16

interrogatories (2) 134:9,22

interrogatot·y (1) 134:14

interrupt (1) 98:21

intervening (1) 106:5

into (21) 30:1 ;32:9;34:5;46:7,8, 9;68:2;70:9, 19;76:24; 77: I ;84: 14;85:9,23; 87:11;111 :25;120:18; 122: 10;153:3,25;154:9

intoxicated (1) 125:3

intoxication (1) 124:16

introduced (2) 29:25;33: 17

introduction (3) 28:6;30: 19;31 :4

intuitive (1) 29:2

invalid (1) 35:10

invariably (1) 36:2

investment (1) 36:4

invitation (1) 15:25

involuntarily (1) 76:1

involved (6) 10:9;13:2;46: 10;47: 13; 50:7; 151:3

l-pulled (1) 31:3

(9) himself- !-pulled



Iraqi (1) 73:18

Ireland (1) 50:5

irrelevant (1) 133:9

issue (3) 32:2,3;47:3

issued (1) 62:7

issues (13) 11:1 0,19; 12:12,12; 30:6;31: 11 ;32:7,13; 47: 16;81: 1; 118: 15; 125:11;152:23

it-and (1) 49:14

J

Jamie (4) 51: 10,17;54:22;129:2

January (3) 81 :22;82:2; 152:22

Jed (1) 128:5

Jeff(3) 58:14, 14;60:9

Jo (5) 13:3;26: 12;107:24; 128:6,14

job (59) 37:6;44:3;50: 1;63: 12, 24;82: 11 ;83:6,8;84:5,6, II , 15;85:3,20;86: 1,14, 20;95: 18;96: 18; 100: 18; 102: 17; 1 07:3; 108:17,21; 116:2;120: 17;122:13,16, 21,23;123: 1,8,15, 19,24; 126:6,8,17, I8;I27: 10; 130: 14,25;131:19,22,23; 132:2,5,6,14;133 : 11,15, 16,19;134:4; 141 :22; 147:20;150:2,5,5

jobs (14) 32:14, 14;82: 1 0;84:4; 85:14, 15;86:8;1 08: 12; 109:2; 122: 14;126:21; 127:2,7;133:14

job-specific (1) 137:10

join (2) 48:6,10

joined (1) 122:1

joining (1) 47:25

joint (1) 22:1

judge (1) 45:11

July (3) 7:20; 14:23;20:22

Min-t:-Script®

jump (2) last-which (1) 107:25;108:1 38:I

jumping (1) late (2) 116:14 32:5,5

June (13) Later (3) 8: 18; 14:21;58 : 16; 22: 14;24:3; 151:17 60: 10;66:24;71 :13, 14; Law (4) 80: 18,19;82:2; 113: 11 ; 30:7;60: 16;99: 16; 121 :10;143:1 150:13

junior (1) lawyer (1) 25:25 120:15

lawyers (1) K 45:11

lawyers' (1) keep (6) 145:19

11 :21;12:19, 19;53:24; lead (3) 73:20;88:2 37: I ;58: 13;60: 16

Kerew (3) leading (1) 51:7;52:21; 129:21 45:8

key (1) Lealman (1) 85:14 126:20

Kick (1) learn (2) 110:5 26:25;78: 10

kicked (2) learned (1) 76:10,21 27:2

kids (1) least (18) 117:12 9: 15;21 :7;46:15;49:25;

kind (25) 64: 13;65:12;72: 13 ;88:2; 9: 1I ;IO: I6,22;11 :22; 108:1 ;110: 12;112:16; 12:2,5;27:3,7;3 1:22,25; 1I9:2I;I47: 17;I48:II; 38:20;56:25;57: 12;72:7; 151:1; 154: 18,20; 156:20 82:7,11 ;98:5 ;104: 12,25; leave (11) 107:2; 108:6; 122:19; 8:4;11:25;14:25;15:1, 123: 11,12;153:7 2,3,8;33 :7;94: 1;148:5;

kinds (9) 149:2 13:1;22: 11;44: 16; leaving (1) 97: 13; 1 08:23; 136:2,3; 147:23 I50:3;I56:16 led (3)

knew (2) 71:3,11;80:6 140:I5;I52:I4 left (13)

knowing (1) 8:23; 13: 18,20;29:3; 83:2 33:7;46:14;75:25;76:4,9;

knowledge (5) 81 :3,3;96: 15; 125: 1 96: 17,20; 148:3; left-hand (1) 154:13;155:10 103:22

known (2) legal (3) 12:8;90:2 10: 17; 120:16;155:2

knows (1) legally (4) 122:9 96:22,24;142:4,15

legislature (1) L 150:2I

less (7) labor (3) 104:22;109:2;117:I4;

47: 11;80:7; 142:1 118:16;147:25;148:1 ; large (1) 149:25

68:14 lesser (2) last (22) 143:2,5

18: 18;22: 17;27:20; letter (7) 32:6;37: 12;47:2;54: 1; 51:1 0,17;57: 10,22; 80:13,21 ;83:13,16;87:20; 58:24;60:7;129:2 88:13,15;92: 15; 100:23; level (4) 116:24; 118: 13,19; 136: I; 27:14;78: 18; 116: 12; 139:13;153:15 137:12

levels (2) 73:20;118:I5

license (4) I 55: 16,19,23; 156:2

licensed (I) 42:2

life (21) 7:8,25;8: 1;37: 1;67: 1,4, 8,11,12, 12,18,23;68:3,4; 69:13,16,21 ;78:9;80:21; 129:7;142:18

life-threatening (1) 42:8

lifetime (1) 153:21

lightning (1) 69:1

likelihood (2) 70:24;147:18

likely (5) 70: 10;88: 10;100:21; 104:13;136 :IO

limit (1) 19:12

limitation (1) 48:4

limited (1) I08: I4

line (6) 7I :23; 10I:l3,13,13; 106:17;113:19

Lisa (4) 43:11,15;64:12;134:22

list (4) 55:20;63:25;80:9; 126:19

listed (18) 12:23;27:22;30: 14; 38:4;43 :6,6;44:9;45: 18; 55:20,23;70: 13;85 :8,9, 21;86: 11;131:7,19,24

listing (2) 43:21,24

listings (3) 43:20;84: 16; 130:14

Literacy (3) 36:12,18,19

litigation (4) 36:22;37:9,18;50:8

little (7) 49:5,5; ll5:8,I2; 126:20; 128:23;150:5

live (4) 39:24,25;40: 11 ;69: 11

lived (2) 67:16;74:6

lives (2) 40:2,3

load (1) 24:2

located (1) 22:22

location (3)


74:6;94: 15;I26: I8 locations (1)

123:16 log (1)

81:20 long (11)

12:1; 18:3;35:12;39: 11 ; 49:23,24;55: 18;67: 16; 74:11 ;76:19;149:21

longer (4) 12:9;47: 18;69: 11; 118:14

long-term (4) 11:6;36:3; 148:2;157:3

look (30) I8:24;35:5,6;43:9; 56:1 ;66: 16;82:7;87:8,18, 21 ;91 :I;96: I4;98: 15; 103:21; 104: 16,17;105:8, 16;112:1;116:19;118:13; 120:5,6,13;133: 12; 136: 14;143: 13;147:6,19; 149:24

looked (6) 63:21;115:20,21; 123:23; 126:5; 143:20

looking (26) 25: I 0;27: 13;32:13; 47:2;65:4;74:7, 12;75:22; 77:21 ,22;87: 19;91: 13, 13; 96:10;98:2;107:9; 113: 10;120:2;I22: I2; 123: 1,18;126:5;127:6; 133:3; 144:9,IO

looks (13) 42:25;59: 16;60:20; 74:7, 19;75: 16,23;77: 19; 78:2;120:11,14,22; 125:19

Lorie (1) 40:8

losing (1) 32:14

losses (4) 32:4;34: 14;57: 15; 60:24

lost (4) 105: 13;143: 14;144: 16; 152:7

lot (18) 12: 12,13;23: 17;24:I7, 18;25: 17;26:8;27:3; 45: 19;72:19;85:16;86:7; 94:6; 112:22;122: 17; 146:2,10;147:16

lots (6) 4I: 17;44: 14, 14, 14; 94:7;109:2

low (2) 98:11,15

lower (2) 90:22;118:15

lower-educated (1)


(10) Iraqi -lower-educated



118: 15

M

macro (1) 30: 12

Madison (2) 36:4,7

main (3) 29: 19;115: 17; 142:24

mainly (2) 46:24; 121 :22

maintained (1) 21:20

maintains (1) 13l:l5

major (1) 8: 17

making (10) 103:7,8;105:11,19,20, 22; 116:2,21 ;120: 15; 137:16

male (4) 67:1 0,23;69: 12;103:23

males (3) 69:9,11;104:13

man (1) 137:15

managed (1) 152:23

manager (1) 108:2

mandatory (1) 147:21

MANTON(10) 6:18,23;52:7, 10;65 :1,5; 89: 6;127:20; 156: 11; 157:9

many (30) 12:3; 16: 11 ; 18:7;22:8; 24:3;34:4;35:2,7;44:23; 48:4,25;56:21;70:9; 82: 12;87: 10;109:23,25; 112:22;113:10,24;114:2; 122:23,23;132:13;137:2; 147:4;153: 1,1 0,13; 154:19

March (4) 120: 13;121 :3,12,12

Marine (7) 73:4,11;75:21,25;76:5; 122: 1;156:20

mark (13) 13:3;50:22;51: 14,15; 53:6,17;54:7;59:25;66:2, 9;120:4; 128:7;130:21

marked (26) 13:5;42:18;51:24;52:5, 18;53: 19,25;54: 16,17; 59:5;66:4,8; 116: 19; 119:11 ;121:12;125:25; 128: 18,23;131 :2;132:19; 134:25;139: 18;148: 14,

l\1in-U-Script:J<)

15; 151:10,15 124:2; 135:7 ,9; 140:15, 18; 20;150:11 market (2) 141 :9,9; 147:23;153:4; military (4)

29:3;86:4 156:19;157:16 8:3;11:18;14:9;76:22 marking (1) Meaning (1) million (4)

42:21 154:24 19:4;119:8;143: 1; married (4) means (10) 145:6

39:7,12;40:4,6 20:24;21 :2;67 :8,1 0; millions (1) Mary (9) 70:5;90: 17;93: 15;103:1, 154:3

10: 12;14: 12,16; 17:4, 15;135: 12 mind (4) 12;18: 13;20: 19;51:22; mcant(S) 35:3;37:3; 127:22; 110:16 23: 17;66:25; 122:25; 128:2

Massachusetts (3) 123:18,23 mine (4) 74:9,1 1,17 measure (1) 9:21 ;61 :24;62:2,20

master's (1) 127:6 minimum(3) 140:17 measuring (1) 96:21;108: 17;133: 16

material (2) 98:1 Ministry (1) 62:4;65:22 median (10) 26:23

materia ls (13) 86:14;103:2,3,4,11,12; minor (1) 22:11 '13, 16;34:23; 135:8,9,13;141 :I 0 143:9 48: 18;51: 18;55:7;58:25; medians (1) minute (7) 59: I ;62:6, 17;66: 15;72:10 103:16 54:4;61 :4; 114: 15;

maternity (1) medical (1) 128:3,6,13;135:6 148:5 146:16 minutes (1)

math (5) Medicare (1) 45:13 77:25;144:7,20; 145:3,4 99:20 misdemeanor (1)

matter (5) meet (4) 85:18 9:24;33: 15;47:25; 33: 10;47: 15;81 :9,11 missing (1) 137:2;147:8 meeting (2) 77:24

matters (3) 29:2;45:10 misstated (1) 36:22;37:9,18 Melbourne (13) 79: 13

may (45) 63:2;92:24;94: 15,18, misstatement (1) 6: 12;20:3;30:8;33:9; 20,25;95:9,11 ,12,13,17, 144:2 35:4,8,11;37:2,4;45:7; 19;129:20 mixture (1) 51: 11 ;53:8;56:9;58: 1 0; member (6) 68:11 62:7;66:3;68:22;71 :24; 14:20; 15:5;16:8,18; model (1) 75:12,13, 13;77:22;85:9; 48:1,14 11:14 1 02:9; 1 08:22,25,25; members (2) models (3) 121:2;127: 12,12;138:4; 19:24;47:23 30: 11 ,12;46:8 139:1 ;147: 12,21; 148:15; membership (1) modification (1) 149:7,10,11 ,22;150: 16, 126:10 117:9 18; 152:2; 155:5;156: 17; Memorial (2) modified (1) 157:15 74:8,17 142:14

maybe(19) memory (1) money (4) 25 :23;27:8;37:5;41 :23; 56:9 16: 16;49: 14;82: 18; 56:23 ;65: 13;71: 17;72:8; mentioned (3) 123 :15 80:6,7; 115: 16;118:14; 37: 19; 120:2;142:5 Monographs (2) 125:24; 126:9;127: 13; met (4) 31:6;32:12 138:11 ,13;140:11 ;1 53:16 7:7 ,8;41: 19;73:5 month (4)

MBA (1) method (1) 12:3;21: 14,16;24:25 21 :25 149:4 months (1)

MD's (1) methodological (1) 120:17 134:22 143:21 moot (1)

mean (53) methodology (3) 12:6 18:22;20:23;27:24,24; 102:10;149:6,12 more (39) 32:5;35:20;36:23;40: 17; middle (1) 12:25; 17:11 ;18: 12, 12; 41 :6;50: 10;56:24;60: 13; 114:5 20:3;26:2;31:23;32:9; 65:21;67:4,7;70:4;73:9; Midwest(l) 45:4;46: 18,19,20,24,25; 75: 19;76:23;77: 12;82:9; 44:21 47:5;48:24;56:23;65: II; 93: 19;95:7;98:21 ;101 :21' might (19) 80: 10;81: 16;82: 18,22; 21;103: 1,3,3,4,5;106:23; 34: 14;35:21 ,22,23; 104:21 ;106: 16;109:3,24, 107:8; 108: 12, 16,20; 68:21 ;72:21 ;76: 19;77:8; 25;1 10:5,14;114:21 ; 109: 1;114:9;118:3 ; 79: 13;82:8,22;84:15; 116:18;118:9;145:16; 120:25;121 :9; 122:6; 107: 13; 123:3,7; 148:4,5, 147:25;148: I; 149:4,24;



153:7,11 Morgan (2)

36:4,7 morning (3)

13: 10;50:25;151: 19 morphine (4)

124: 16;125:4,6,8 Mortality (2)

67:2,25 most (15)

8: 1 ;18:8;25:3;34:3; 42:8;97: 14,15;103:7,13; 110:11; 117: 12; 123: 16; 137:5;138: 1,20

mostly (1) 151:23

mother (5) 72: 12;76:14;124:23; 140:10,22

mother's (2) 74:10;140:10

move (1) 21:22

moved (3) J 2:1 0;26:7; 123:21

Moving(3) 27: 18;90:3;92:22

Mrs (2) 60:1,5

much (8) 10:9;21 :3;33:23;47: 17; 48:19;116:6;135:22; 145:24

multiple (7) 23 :22;24:5;28:2;96: 12; 153:9,25; 154:10

multiplication (3) 143: 10,23; 145:1

multiplicity (1) 11 :10

multiplier (1) 92:2

municipalities (1) 97:15

must (10) 52: 14;55:9;57: 12;71 :5 ; 73:3 ,5;74:4;78: 18;85: 1 0; 94: 14

Myers (2) 43:11,15

myriad (1) 11:1 9

myself(3) 17:9;99:9;127:24

N

name (7) 7: 17;30:8;33:5;39:9; 54:21 ;60: 14;152:3

names (2) 40:7,13

Nar (1)

(11) macro - Nar



64:7 NAR-ca-non (1)

64:9 Nar-CON-an (1)

64:8 Narconon (2)

64:10;134:9 narrow (1)

103:13 Nation (1)

27:13 National (9)

8:I9;9: I2;20:8;22: 15; 26:9;28:12;29:11;30:21; 38:13

nationwide (1) 20:9

natural (2) 29:1;69:8

nature (9) 27:6;29:2;36:3;41:24; 42:13;68:2 1;125:11; 149: 12;154:25

near (1) 141:16

necessarily (2) 128:24;147:11

necessary (1) 8I:23

need (6) 50:25;52:8;91 :22;92:4; 128:14;134:18

needed (3) 81 :9;1 09:24;110: 1

negotiated (1) 21:19

new (3) 32:9;97:6,17

next (34) 31 :5;60:7;62 :15, 17,25; 63:5,7,10,13, 19,23;70:3; 7I :23;77:8;78: I7;80:9; 90: 14,18;92:22; 101 :23; 104:4,10; 106:6,7; 119: 16; 12I :3;122:8;I24:9; 125: 15,22;131 :19;132:3, 18;I55:7

nine (1) 113:I4

nods (1) 115:4

nominated (1) 20:5

nonagricultural (1) 87:15

non-agricultural (1) 65:15

none (4) 46:2;97 :2; 152:9,13

Non-fire-department (1) I27:I

non-Florida (1) 75:1I

Min-li-Script®

non-tenured (1) 25:5;29:20;34:6;42:10; 94:8;96: 14,15;98: 1; 16:11 46:5;47:8;60: 16;63:21; 103: 14,21; 1 06:6; I 08:8,

non-tenure-track (1) 69: 18;77:2;11 I :2I; 14;111 :8,24,24; I13:4; 18:2 152: 17;155: 1;156: I8 I15:I6;117:10;119:8;

normal (2) occasion (1) 130:13,16,21 ,21; 132:3,6; 18:5;24:1 45:9 133: 12,23;140:8;141: 1,6;

normally (4) occasionally (1) 142:5; 144:10; 149:4; I9:24;22:7;69: IO; I44:4 150: 18,25; I52:2; 153:7, 93:I4 occasions (1) I1 ,I5,16; 154:21; 156:3,

North (7) 56:2I 12,13;I57:14 8:7,8,9, 18; 15: 18; 16:1 0; occupations (1) one-and (1) 4I: 10 94:7 96:13

Nos (2) occur (8) one-day (1) 53:20;66:5 45:1 ;69:3;88: 1 0;89:24; 22:12

notation (2) 90:2;108:2;116:17;144:4 one-page (1) I21:3,8 occurred (3) 67:22

note (2) 82:21;108:5; 143:24 ones (11) 28:10;79:6 oceanography (1) 12:21 ;45:6,24;47:10,

noted (1) 78:20 11,24;59:2;66:11 ,1 1; 79:5 October (13) 118:11;143:9

notes (16) 51 :2,5;54: 19;57:6,7; one's (1) 51:19;52: 13,17;55:9; 58:3,6,7,11,24;60:8; 76:24 57:25;60:2;61 :22,25; 129:2;145:20 one-step (2) 63:3;79:6;102:6; 119: 15; off (23) 91:22,25 I21 :20;I29:24;I40:5; 19: I4;23:6;36: 15; online (2) 148:13 42: 17;52: 18;59:8,9; 72:8,8

not-for-profit (1) 60: 12, 13;62: 17;63: 10; only (35) 22:22 93: 11,14,20; 1 00:14; 6:8;11 :13; 19:20;45:8,

notice (5) 113:25;115:9;126:1; 8;46: 19;49:8;54:24; 6:4;65:6;66: 10; 135:1 ,3 128: 16; 131:7,1 0; 133: 12; 66:11 ;68: 1 ;77:20;93:22;

notorious (1) 157: IS 94:20;95: 12;98:9; 102:9; 29:23 offensive (1) 107: 12;115: 15;118:6,11;

nuclear (1) 50:11 121 :22;124:22;131 :24; 12:I7 offer (1) I32:5,6; 137:7; 139: I 0;

number (34) 85:19 140: I ,2,25;142: 14;146:1, 11:5;12: 10;35:3;36:I, offered (5) I;147:8;153:17 12;45: I ;46:14,25;57: 19; 9: 18;17:12;83:6;84: 15; opened (2) 63:25;69: 1;77:3;82: 1,9, 85:3 49:10, 10 13,25;85: 13;90: 12;92:8; office (1) opening (3) I06: I, 10,I2;107: 14; I45: I9 64:5;133:11; 134:4 108:8;I13:7;119:24; off-site (2) openings (5) I20:7; 122:6, 12;I26: 19; 72:8,22 63:12,25;82:9;126:6, I7 147: I;149: I4;150:9, 19 old (8) operated (1)

numbers (9) 28:22;69:20,22; 72:24 52: 18;101: 12; I15:21 ; 136:20; 137:6;1 38:3,5,9 opinion (2) 120:5;128:25;143: 19,22; once (7) I23:9;I56:10 144:3;146:14 32: 16;42:5;76: 13; opinions (4)

numerous (5) I07:25; I 09:8;I22:9; 64: 18;119: I2;I45: 13; 45:6,24;68: 13, 18;69:8 153:17 146:8

Nutrition (2) one (105) opportunities (3) 78:6,8 10: 18;11 :22; I6:22; 123: 13; 126:8; 139:6

17:7;18:5;24:2,4,6,24; opportunity (1) 0 27: 6,20,2I ,22;28: 1I; 151:20

29:7;30: 11,13, 14, 18; opposed (7) Obama's (1) 32:23;33 :25;35: I2, I5; 35:24; 103 :2,3;II7: I2;

97:4 42: 12;45 :8, I1 ;46: I7; 136: I2,21;137:9 Object (1) 48:3, 19;53:11,11,14,24; order (9)

156:11 54:1 ,23;60:8,23,25;61: 1, 6:6;16:8;53: I8;6I :24; objections (1) 2;63: I4,23,25;64:4; 73:20; I13:7;I25:24;

6:8 65: 11,13,14;66:21 ;68:23; 128:24;151:I5 obligation (3) 69:3;70:3;72:9;73: 17; organization (2)

8:24;9:25;10:8 77:20,24;78: 14,16;87: 12, 41:3;48:23 obviously (14) 17,24,25;90:6;92:25; organizations (1)



47:21 original (2)

61:7;141: 19 Others (7)

I8: 1;26:9;47:4;77:21; 93:22;95:2;143:9

out (57) 8:2,2,3; 10:16,25; I2:17; 14:1 ;25: 17;29: 10;30:7; 31 :24;34: 13;38: 12, 18; 47: I8;54:6,13;59:5 ; 60:21 ,22;61: 16,25;68:24; 70:9;75: 17 ,24;76:10,21; 81: 14;85:15;90:10;92:5, 7 ;93 :8;94: 12;95:20;98:4; 104:23,23; 105:3;1 06: 16; 109: I9,23;111 :20; 116:11;120:18;125:24; 128:4; 131 :6; 135:13; 137:1 I ;140:7;153:25; 154:4,1 0, 19;155:5

outcomes (1) 11:22

outlet (1) 49:10

outline (1) 31:1

outlined (1) 82:4

outside (2) 44:9;70:1

over (25) 11: 12; 19:3,6;21 :23; 27:9;30:3;34:6;40:9,10; 46: 17;76:24;79:23; 84: II ;86:23;87:1 0,20,22; 88:9;89:23,25;90:25; 104: I1; 106: 18; 118: 19; 119:9

overcome (1) I52:23

overlook (1) 77:14

own(6) 50:2,3;98:4;99:8; 122:24;126:9

p

pack (1) 16:I

package (1) 30:25

Page (28) 25: 11;59: 14,17;60: I2; 6I: I3;62:25;63:5,7,19; 65:8;80: 13;82:5;96:4; 114:5,20;117:18;120:6, 1 0; 122:8,9; 125:23; 126: 12, 14;128:11 ,12; 130: II ;132:3;139:25

Pages (5) 25: II ;45 :24;64:2;

(12) NAR-ca-non- Pages



125:24; 128:8 paid (13)

16: 16; 19:5;29:25; 37:25;38:5,8,12;51: 13; 83:6,9;93:22;98:25;99:6

paper (9) 3 7:24;38:3 ;44:24,25; 45:2,3;61 :19;63 : 13;64:25

papers (5) 24: 15;38:4;45: 17,20; 47:1

paralegal (I) 54:22

paramedic (6) 82: 17,17;84:1; 107:17; 132:1 ,2

paramedics (I) 83:25

parental (I) 140:20

parents (2) 57:24;152:18

part (5) 27: 12;59: 15,24;65:19; 75:21

partial (2) 92:5,20

partie (1) 110:2

participated (I) 100:19

participation (1) 49:9

particular (11) 19:2;44:12;64: 1;67:25; 68: 15,22;76: 16;77:4; 91 :20;93:25;98: I 0

particularly (6) 26:8;29:22;34:24; 122: 19;133 : 13; 140:9

parties (I) 148:10

parts (3) 26: 19;32: 10;37: 1

party (1) 50:8

pass (2) 110:9;148:21

passed (2) 72:11 ;78:16

passing (1) 110:8

Past (IO) 100:25;101 :3,5,10,16; 144: 16; 150:1;152:19; 153:19;154:22

Patrick (46) 51:22;57: 15,16;61: 14; 66:23;67: 16;70:22;71 :3, 12;72:4;74: 1,24;79:2; 85:3,20;96: 17;97 : 18; 98: 13;100: 18; 101:20; 107: I 0; 113:11 ;116:21,

Min-D-Script®

24; 117:3;1 19: 16; 122:25; 124:3 place (5) 123: 17; 124:21 ;129:6; performance (2) 23:25;82:21 ,23; 136:6; 130:2; 133: 18; 136:20; 18:7;29:6 145:21 141:13;142:11,12; performed (1) places (1) 148: 14,17; 152:6,11, 14; 72:7 24: 14 153:2; 154: 14; 155:8, 15; perhaps (1) plaintiff (2) 156:8 81:16 34: 13;35: 11

pattern (1) pe.-iod (12) plaintiffs (2) 149:21 10:18;21 :23;34: 1;81 :7; 134:10,23

pay (I6) 88:24;100:5; 107: 15; plaintiffs (2) 21 :3;38:23;39:2;93:23, 118: 12;121 :18; 147:4; 34:25;59: 11 23;98:22;99:4,8,1 1,13,16, 148:3;156:21 Plaintiffs' (6) 20;100:4; 107:21 ;149:22; periods (1) 64:6,11; 134:8,21; 150:2 147:12 145:19;149:3

payback (2) perks (I) plan (8) 1 0:25;38:25 19:25 97:6,12, 17;98:20;

paying (2) permanent (2) 1 00:13,20; 145: 16; 148:24 48:1;93:16 16:6,14 planning (3)

payroll (1) permission (1) 11 :7;42: 12; 148:25 15:4 102:9 plans (1)

pays (3) permit (2) 100:11 19:24;86:14;98:11 24:25;82:12 play (2)

PE (I) permitted (2) 70:19;140:19 75:1 24:24; 123:13 played (I)

peak (2) permitting (1) 10:25 104:23,25 29:24 playing (1)

Penn (6) person (7) 11:23 55 :13;56:4,19,22;61:9, 80:8; 117:4,5;138:5; plays (I) 11 148:8; 153:21,24 32:16

pension (3) personal (7) please (IO) 93:8;100:13,19 31: 17;34: 15;44: 12; 7:11;13:4;40: 13;50:22;

Pentagon (1) 57:2;76: 13;154: 13;155:9 66: 18;86: 12;89:7; 10:7 personally (1) 125: I7;131:9;133:8

people (28) 156:25 pm (I) 16:11 ;I7:25;26:24; person's (I) 157: I7 29: 17;31 :8;48:4,25; 84:19 point (I7) 85:25;86:7;94: 13,15; perspective (1) 13:22;26:7;27:5, 13; 103:7,7; 118:6,15; 122:18, 81:21 33:4;38:9;46:6;73: 17; 23; 126:8; 132:13;135: 15; pertaining (2) 103:24;111: 1,9,24,25; 137:5,21; 138:2, 12,20; 59:9;150:1 112: 1,2; 146:3;147: 17 142:8; 147: 13;154:3 pertains (2) point-called (1)

per (4) 31:15;60:24 50:3 39:3;98: 12; 105:21; Pete (2) pointed (I) 107:15 126:20,21 109:19

percent (32) PhD (9) points (5) 19: 13;48:22;86: 17,22; 8:21 ;9:22; 13:14; 18:6; 111: 15,22,23,23; 87:5,12,19,23 ;88:7; 31 :22;41 :8,9;42:5,23 113:15 90:22,24;93: 10;96: 19; philosophy (I) Policies (I) 99: 18;100:22; 103:4,5; 25:24 30:21 105:6,21 ;l 07:13,15; physical (2) policy (4) 114:1 0,11,22; 141: 19,20; 156:19,22 26:6;46:24;47: 1;98:6 142: 17;145: 1;146:20; physicals (1) political (1) 150:8,12;151:7 156:16 11:8

percentage (6) Piata (1) Pond (I) 101 :9; 142:7,14, 15; 60:19 50:4 144:25;154:7 picked (2) poor (1)

per centile (1) 150:8,9 111:18 93:6 piece (4) poorly (I)

percentiles (2) 28:3,25;31:14;63: 13 29:20 93:8,9 pieces (I) popular (1)

perception (1) 31:2 28:22 124:3 Pinellas (1) population (8)

perceptions (1) 126 :21 67:24;68:8,8,1 0,11;



1 03:6; 136:11 ;154:3 position (19)

8:4;15:6;16:15; 17: 12; 19:7;20:2,20;21 :21 ;24:5; 34:2;37: 12;46: 15;60:25; 63:20; 136:21 ,22; 141 :22; 154: 16;155:21

positions (6) 18: 1;19:22;24: 12; 37:17;76: 19;83: 12

possibilities (2) 114:21;140:7

possibility (4) 69:18;107:2,8;110:14

possible (2) 6:13;87:8

possibly (4) 82:23;1 05:3; 109:22; 138:18

post (5) 12: 13;17: 1;23:25; 41:22; I 00:24

posted (1) 126:18

potential (5) Il :22;32:4;85: II ; 93:21;115:25

power (I) 88:5

practical (I) 12:7

Practice (2) 6:6;42:4

p re-college (1) 22:7

predicated (2) 18:20;105:10

predictable (1) 68:23

prediction (1) 88:7

preference (I) 73:16

preferred (I) 82:15

preparation (2) 28:17;145 :12

preparing (1) 145:13

prerequisite (1) 108:21

prerequisites (2) 81:15;110:10

present (23) 40:15;44:25;90:7,17, 17, 18;91:3,5,11,14,16,19; 92:1 ,10,11 , 14, 16;1 01:8; 105:8,1 0; 143: 14; 144: 15; 146:18

presentation (2) 45:3,5

presentations (2) 40:20;45:25

(13) paid - presentations



presented (1) 142:13

presenting (l) 24:15

president (1) 20:10

pressed (1) 37:4

presumably (11) 62:12;68:7;69:2,4; 74:23;75: 15;80:25;84: 11, 23;94: 15;140:22

presume (1) 145:21

pretty (11) 30: I 0;32:3;34:5;47: 17; 48:19;94:11;98:18; 99: 15; 149:6,13;156:21

previous (2) 15:6;116: 10

previously (2) 55:3;66:20

Price (2) 65:17;87:18

primarily (2) 74:25;115:18

primary (2) 33:24,25

printed (1) 131:6

printout (2) 125:19;133:22

prior (11) 7:8;56:21;58: 11;69:15; 83:12;84: 14, 18;85:2,23; 140:4;153:3

Private (9) 19: 1;20:7;27: 19;28:7, 21 ,24;44: 19;65: 15;87: 15

probably (31) 28:4;30: 1;32:6;37:3; 42: 14;45: 12, 13,24;48:23; 49:3,4,11 ;55:1, 17;58:12; 65:11;66:19;88:10; 96:20;97:23;99:8; I 03 :9; 110: 14; 125:25; 128: 14; 136:8; 138: 13;146:4; 153:5,7;156:1

problem (1) 76:21

process (8) 18: 13;48:2;85: 10; 91 :22,25;110:7;143:22; 150:24

processes (5) 27: 1 ,2;29 :3 ;30:5;32:24

produced (3) 32:20;151:17,18

productive (1) 32:9

professional (6) 35: 17;37: 16;38: 19; 44:13, 13;47:20

Min-U-Script®

pr ofessor (22) public (2) quick (1) 14:4;15: 14,16; 16:4,4,5, 73:22;84:22 61:20 21 ,23;17:2,5,18,23;18:6, publication (1) quit (1) 14,15, 16,17,21 ;19:20; 45:4 122:5 20: 17,23;22:2 publications (7) quite (3)

professors (3) 12:20,22;31: 1 0;32:5; 21:6;45:1;85 :13 19:21,24;42:14 44:13;45:4, 18 quote/unquote (1)

proftle (39) publicly (1) 155:6 61: 1,2,3;76:24;82 :3; 45:8 1 02:22; 103:18,18,19,20, published (2) R 22;1 04:8,12, 16; 105:4,8,9, 28:7;98:9 11;108:6;114:23,24; publishing (2) Race (2) 115:22,23;116:7,1 8; 24: 13;31:24 25: 17;26: 16 117:9;129:8,10,13, 16; pull (1) railroad (2) 135:25;137:8,9;140: 16; 153:17 98:11,13 141 :2,4,7; 143 :14;144:7 pulled (4) raise (2)

proftlcs (3) 54: 13;59:5,9; 133:12 86:21;87:9 11: 11;102:21;140:8 pulling (1) raised (1)

program (12) 54:6 86:16 8:21;10:19;11:24;12:1; purchased (1) raises (3) 15: 18,24;21 :25;26:2,4; 49:10 87:5;88: 10; 150:2 37:21;77:4;80:25 purchasing (1) Ramsey (3)

programs (2) 88:4 19:1,3,3 22:13;40:22 pure (1) ran (3)

progress (1) 17:11 11:24;15:24;46:13 138:14 purposely (1) range (1)

project (3) 81:3 134:4 22:1;151:8,9 purposes (16) rank (9)

prominent (1) 6:8;9:21; 12:7; 13:6; 16:6,14; 17:4,5,6,19; 26:8 31:16;35:23;42: 19; 18:1,15, 18

promoted (1) 51:16;52:6;53:20;66:5; ranks (1) 20:17 94: 12; 128:19;134:25; 17:21

promotion (4) 151:11,24 rapid (2) 38:23; 107:2,9;114:21 pursuant (2) 104:21,22

Pronouncing (5) 6:4,5 rapidly (2) 43 :15;64:7,9; 126:22,24 pursue (1) 90:4; 118:9

propensity (1) 46:21 rarity (1) 29:19 pursued (I) 35:14

proper ties (1) 9:19 rate (16) 29:24 put (8) 39:2;88:3,8;90:22;

property (7) 30: 1,24;52:3;86: 15; 91:23,24;118:23,24,25; 12: 12;28: 13;29:5,20, 95:19;117:7;128:8;146:2 142:8; 149: 10,17,22; 21;46:7;49:10 putting (1) 150:8,12,17

property-when (1) 94:12 rates (3) 49:13 PV (1) 88:1;89:2,4

protected (I) 90:14 rather (9) 29:20 29:23;33: 19;34:21;

provide (8) Q 35:5;82:21; 116:13; 22:8;35:22;46:3;97: 12, 143:7; 151: 1; 152: 19 15, 16;98:24; 141:2 QP (2) rationale (1)

provided (7) 111 :16,18 140:25 13:9;16: 16;19:22; qualifications (4) raw (1) 61 :16;119:20,24;134: 15 116:9; 133:17; 154: 19; 135:16

provides (1) 156:14 re (1) 19:25 qualified (2) 10:16

providing (3) 86:8;148:17 r each (1) 97:13,23;100:5 qualifies (1) 31:12

psychological (1) 108:20 reached (1) 148:21 qualify (2) 146:9

psychology (1) 82:16;107:20 reaching (1) 25:23 quality (8) 64:18

PT (1) 111 :9,15,22,23,23,24, read (15) 156:17 25;112:13 6: 18,19;52: 17;74:20;

Q&A Reporting Senices, Inc. [email protected]


102:5,5;112:17,23; 113:25;122:11, 1 1; 126: 16; 131 :8; 140: 14; 152:18

reading (3) 14:25; 100: 14; 113:16

ready (1) 21:22

Reagan (3) 88:24,25;89: 1

real (4) 7: 15;88:4;90:24;118:7

realized (I) 133:13

really (19) 33:23 ;37 :4,4;81 :25; 94:22;97:6;98:8;116:6; 122: 12,16,21; 123:1,8,19, 24;125: 1 0;127: 16; 148:2; 153:18

re-answer (1) 23:8

reason (4) 106:24;119:23; 138:7; 147:11

reasonable (2) 35:3;70:5

reasonably (3) 123: 14,14; 141:6

reasons (1) 144:2

recalculate (1) 136:19

recalculation (1) 116:11

recall (6) 55:4,24;56:3;134: 19; 140:12;153:17

receipt (1) 62:6

received (2) 8:19;57:24

Recess (2) 56:14;128:17

recession (2) 89:1,1

recession-though (1) 88:25

re-charge (1) 38:16

recheck (1) 143:25

recollect (1) 153:7

recollection (5) 55: 11;56: 18;58:5,9; 75:20

reconvene (1) 151 :21

record (14) 23:6;36: 15;42: 17; 51: 16;63:7;75:12;76: 12; 80:20; 112:17;115:9;

(14) presented- record



128: 16,22; 154: 15; 155:9 records (11)

62: 16;73:24;80:15; 83:10;84:21,22; 112:23; 129: I ;146: 16; 155:12,12

recovery (2) 89:3;90:3

recruitment (1) 73:20

reducing (1) 146:18

refer (2) 50:23;88:25

reference (4) 61 :20;65:22;77:4; 154:22

referred (3) 72:12,16;101:24

refers (1) 63:1

reflected (1) 45:22

reflective (1) 90:20

reflects (2) 93:23;141:8

refresh (1) 56:17

regarding (1) 152:11

regardless (1) 39:4

Regents (2) 19:23;20:1

regents' (2) 19:21,24

regular (2) 16:24,25

rehabilitation (3) 153:1,2;154:1

related (2) 25:3;95:16

relations (1) 140:18

relative (2) 122:17;124:1

relevant (5) 72: 10; 131 :25;133: 14; 134:16;140:10

reliable (3) 94:10,11;156:9

relied (2) 58:21;64:17

relieved (1) 24:6

rely (1) 52:7

remainder (2) 82:5;86:23

remained (3) 10: 17; 12:1 ;14:22

remaining (2) 120:17;147:4

Min-lJ-Script®

remember (14) 11;19:10,17;25:25; reveal(1) 9: 14;34:8;49:21 ;55:1 , 109:23;151:9 148: 10 3,19;57:4;59: 1;76: 15,16, researched (1) revealed (1) 17;141 :21 ;142:16,25 73:23 84:22

remind (1) researching (2) revealing (1) 7:10 24:13;47:18 104:5

reoccur (1) reserve (1) review(6) 52:13 151:20 34:23,25;51 :18;140:5;

repeat (2) reserved (1) 146:16;151:20 7:12;71:5 6:10 reviewed (5)

rephrase (1) residence (2) 56: 17;64 :17;102:6; 7:12 8:22;37:21 145:11;149:13

report (20) resign (2) reviewing (2) 34:25;52:25;53 :4; 15:2;33:13 102:4; 115:20 54: 14,14;59:5;60:22; resolved (1) Rica (2) 65: 13;66: 12,14;74:22; 49:17 74:8,16 80: 16;99:9; 132:22; resources (3) right (74) 139:23,25;141: 18,20; 19:7;27:7,10 9:6;13: 14;14:24; 15:13, 142:20,23 respect (8) 15; 17: 17;26: 15;29:21;

reported (6) 35: 1;47: 12;115: 18; 3 1 :9;36:25;41:7;43: 19; 25:6;67:20;76:7; 140:23; 141: I ;149:20; 45: 15,16;52: 12,15;56: 11; 135: 12,15;137: 19 152:24;155:12 59:24;60:22;61 :21 ;64: 15,

reporting (1) respects (2) 22;66: 13;67:1;70:3;71 :8, 97:22 115:16,16 21,23;77: 13;80: 18,23;

reports (8) response (3) 86:5;87:6,7;92: 15,19; 53:3,10,17,23;139: 18, 7:13;28:21 ;64: 11 95:13, 19,25;96:25;98:8; 21 ;145: 13;157:10 Responses (4) 99:21;100: 17;105:5;

representation (1) 64:7;134:8,14,21 108: 19;109: 14,16; 112:5, 141:6 responsibilities (1) 10;113:8,22,24;114:12;

representative (1) 24:6 118:22;120:24;122:8; 88:9 responsibility (1) 127: 15; 129:9; 130:23;

r epresents (3) 149:2 132:2; 134:1,20;135:5; 86: 16; 142:3,4 responsiveness (1) 137:4; 138:1,3; 139:16;

reproduce (1) 6:10 143: 16;144:14;145: 11; 127:14 rest (3) 146:5; 151:21; 154:8;

reproduced (1) 36:21;80:12;130: 18 155:3 79:9 restricted (1) rights (3)

request (1) 44:12 28: 13;29:5;46:7 76:4 result (2) rising (1)

requested (1) 33:16;34:15 115:2 34:3 resulted (1) Risk (1)

requests (1) 38:2 27:13 57:11 resumed{2) Robbins (2)

require (3) 56:14;128:17 64:12;134:22 73: 15; 110: 11; 113:6 retainer (3) role (2)

required (8) 51: 13;146:3,4 28:14;29:8 42: 11;74:6;96:22,24; retire (1) rolls (1) 114:3; 142:4,15; 15 1:16 146:25 15:5

requirement (5) retired (8) room (3) 1 0:24;73:6,20;108: 17, 14:23;20: 12;21:1 4, 15, 51:8;52:22; 129:22 18 16;37: 11, 14;49:25 Roswell (1)

requirements (9) retirement (5) 40:2 23:25;73:21 ;82: 1]; 100:11; 14 7:1,14,14,21 ROTC (3) 108:22,23,23;127: 10; retiring (1) 8:25;9:5;10:2 130:25; 131 :23 147:23 row (3)

requires ( 4) retrieve (1) 90: 12;92:8; 105:16 48:22;73:4,11 ;97: 12 74:12 royalty (2)

requires-an (1) return (1) 38:7,11 114:6 120:14 rules (2)

requires-this (1) returned (1) 19: 13;24:23 114:5 15:5 runs (2)

Research (10) returns (3) 29:20;64:1 10: 14;12: 18; 18:9,10, 132:19,25; 139:12 rushed (1)



56:10 Rushing (19)

6:3,19;7: 1,7,18,19; 13:8;39:10,11;40:2,3,8, 14,14;42:21,23;52:7; 56: 16; 128:22

s salaries (3)

63: I ;94:9;96: 11 salary (14)

16:16; 19:8;21 :20;93:3, 14,16;94:4,7,23;96: 19; 100:8;114:9;117:11; 134:4

Salarycom (8) 94:23;95:8, 14;96:6; 98:7;129: 18; 133:22; 134:6

Sam (2) 33:5,12

same (24) 22:24;43:6,21 ;83:24; 84:6;87:22; 105:6,7 ,9; 106: 17,20; 109:8; 113:23; 114:6,23,23;116: 16,24; 117:3,4;134:6,24;138: 19; 144:14

sample (8) 67:24;68:7, 1 0;69:6; 103:25; 136:5,12,13

Savannah (2) 7:23;8: 11

saver (1) 130:17

saw (3) 72:2;84: 16;127:17

saying (17) 19: 19;51: 18;52: 17; 67:20;69: 12;70:8;81 :21; 83:24;88:6;97: 14;98:7, 1 0; 101 :6; 104: 14; I 09: 18; 115:2;128:11

scale (1) 107:21

scanned (1) 153:5

scenario (2) 11:15,21

schedule (1) 34:5

scheduling (1) 151:15

scholarship (4) 8:20;9:8, 11,13

scholarships (1) 9:19

school (65) 8:2,10,11,21 ;1 5:21,22, 24;17:9;21: 18;23:5;30:7; 61: 1,15;62:7,8;71:24; 73 :5,12,15,16;74:2,3,4,8,

(15) records -school


Desmond, et al. v. N arconon, et at.

17;75:10,11;76:10,11,20; 82: 14; 101 :20;102: 10,19; 103: 19,21 ,23;104: 13; 106:24;1 07:7;1 08:11 ,13 , 17,2 1; I 09:2; 114:7;118:5, 10,20;1 19:1,9,11;129:10; 136:25; 138: 15, 19,20; 140:11 ;141:2,7,7,12,13; 143:13;144:6

Science (8) 25:17;26:6,9,16;28:12; 29:5,11;38:14

scope (2) 70:1;104:12

score (1) 45:7

search (5) 20:8,8;84:23;96:10; 111 :20

second (8) 14: 12;23:2;53: 11; 60:25;91 :2; 101 :19; 142:5, 19

secondary (3) 15:19,21;27:8

secondly (2) 19:9;87:25

secretarial (1) 19:10

secretary/treasurer (1) 47:14

section (3) 31:5;51: 14;68:9

sector (1) 142:9

Security (7) 93:7;96:25;99:3,9, 10, 20;147:7

seeing (2) 78:14;111:12

seeking (1) 81:14

seemed (4) 76:7;140:6;141:5; 156:22

seems (3) 98: 15;140:21;150:25

selected (5) 48:6,10,13;84:10;85: 15

selection (2) 48:2;85:10

self-employed (3) 79: 15,16;80:7

semester (2) 38:9; 110:4

semesters (1) 110:5

seminars (2) 22:12;44:8

Seminole (8) 64: 1;127:8,10, 17; 131:1;132:9,11,16

send (l)

Min-C -Script@

48:7 shows (6) 11,25;49:2 senior (1) 13: 14;67:22;74:24; sold (1)

46:18 75: 10; 104:8;112:23 49:12 sense (9) Sibert (2) solicited (1)

16:7;41:21 ;105:11; 40:1 ,8 20:9 107:6;115:24;116:1 ,3; S-1-B-E-R-T (1) solutions (2) 121:7;148:10 40:1 28:23,24

sent (3) sick (1) somebody (10) 55:7;59:6; 157:10 94:1 7:10;25: 13 ;69:19;

separate (4) side (1) 107: 19;145: 19;146:24; 24:23;25:5;41 :14,15 34:25 147:18, 19; 148:2; 149:21

separated (1) sign (1) someone (8) 10:16 6:19 55:2;69:21 ;76: 19;77:7;

Separately (1) signature (3) 79: 17;85:4;122:22;154:9 53:8 6:14,17,21 sometimes (7)

September (3) significance (5) 24:4;29:20;93: 19,21; 8:19;121:4,8 119: 12,16,20;134:2,12 134: 15; 140: 19;144:2

served (1) significant (9) somewhat (7) 10:4 76: 18;87:24;90: 1; 18:11;26:4;34:6;103:5;

service (5) 1 02:4; 103: 15;121:20; 1 04:24; 138: 1 0; 141:2 8:3;1 0:7;18:9;32:20; 124:1 0; 132:21; 134:20 somewhere (3) 142:8 similar (3) 49:4,14;138:14

services (2) 69:7;88:20; 101:24 son (3) 35:22;65:17 simple (1) 40:1,2,5

set (5) 10:23 sororities (1) 46: 11 ;48:20;62:22; simply (10) 48:23 72:8;108:6 22: 16;47:25;61: 19; sorry (10)

seven (2) 67: 13 ;90:20;92:2;93 :9; 23: 19;36: 17;83:23; 30:2;113:14 101 : 12; 1 06:5;112:25 89:5;91: 15;98: 14; 101 :1;

sex (6) sit (2) 104: 16;113: 17;125:21 67:13, 19,21 ;68: 16; 47:7;124:8 sort (2) 70:24;102:22 site (5) 41 :5;153:21

Shane (1) 94:4,8;95: 17; 131:8,15 sought (1) 40:14 sites (1) 102:17

S-H-A-N-E (1) 82:6 sounds (2) 40:14 sites-this (1) 72:18;98:11

sheet (9) 96:12 source (15) 59: 16;60:23 ;66:21; situation (1) 61:8;70: 13,23;71: 16; 91: 18;101:19;116: 19; 149:20 72: 13;74:23;94:6, I 0, 14, 117:17;128:14;129:6 situations (l) 19;96:9;97:21 ;101 :22;

sheets (8) 120:16 134:6;151 :6 60:20;61 :8, 12;66: 16, six (3) Southern (1) 16;1 01 :2; 135:6;136: 15 14: 19;28:4;120:17 44:17

shifting (1) skewed (2) Soviet (15) 46:19 103:6;141:4 9:21,23;10:19;11:11,

short (2) skill (1) 14,16;12:6,14,14,25;26:2, 56:10;119:7 108:22 20,23;27: 1 ;46:6

shortage (1) Skogstad (1) Spanish (4) 10:10 33:5 77: 14,15,16; 113:2

shorter (2) S-K-0-G-S-T-A-D (1) speak (2) 69:13,21 33:6 33:24; 150:10

show (13) slightly (5) speaking (2) 70: 18;76:25;79: 18; 102:7; 104: 10;1 06:24; 73:16;110:3 83:10;95:2;1 I 1:7;127:15, 145:2;147:21 special (2) 21 ,23;133:21 ;139: 10; Small (2) 16:15; 18:19 148:7;154:2 37:24;47: 16 specialists (1)

showed (l) smaller (1) 30:2 130:24 154:6 specialized (2)

showing (6) Social (8) 41:23;107:20 13:8;69:5;87:24; 93:7;96:24;99:3,9,10, specific (1 0) 107:25;119:6;128:2 20;122:19;147:7 9: 18;32: 17;68: 15;69:3;

shown (2) Society (7) 71:11;110:2;142:3,11 ,12; 130:25;148:13 44: 19;47: 15,22;48 :2, 148:11



specifically (8) 31:15;57:11;70:22; 85:22; 134: 19; 140: 13; 141:22;154:9

specifics (2) 102:14;149:20

specifies (1) 115:24

specifying (1) 126:6

speech (2) 45:20;78:22

speeches (3) 40:20;45: 19,21

spell (1) 154:4

spelled (3) 137: 11 ;154: 19; 155:5

Spence (1) 32:11

spend (1) 10:7

spending (1) 12:3

spent (4) 35: 17;36:21 ;145:24; 146:5

split (1) 27:9

sports (1) 156:23

spouses' (1) 40:7

spring (2) 37:22;126:25

SRI (6) 15: 10;25:8, 18,19,25; 33:25

St (2) 126:20,21

stability (2) 150:2,6

stable (1) 9:17

stack (9) 50: 19;51:23;52:2;53:1; 54:4,6,7;64: 13;127: 13

staff (1) 19:16

stamped (2) 51 :20;121 :25

Stan (l) 32:11

standards (1) 41:19

standing (1) 6:6

Stanford (2) 10:14,15

stapled (2) 62:2,15

start (6) 7:15;14:10;25:11;33:3;

(16) Science - start



59: 13;79: 19 started (11)

10: 13; 14:2;25:24,24; 31 :20;32:25;33: 19;34:7, I 0;42:22;115: 19

starting (6) 46:5;70:6,17;116:11, 14;157: 11

starts (6) 31 :22; 101:12,19; 107: 10;122:9;129:6

State (48) 8:5;11 :25;14: 1 9,20,21, 22; 15:1 ,6;18: 14,16;19:6, 9;20: 13, 14;22:1,18,23; 23:1 0;26:22,23;28:8; 32:7;33:5,7, 13;37:1 1; 42:2,5;43 :16;46:11; 62:16,20,24;63:11;75:22; 78:11;82:8;99:16; 112:24;125:15,20;126:2; 130:3,10; 146:23;150:15, 21;151:14

stated (2) 38:7;153:4

statement (2) 76:17;152:22

States (8) 8:25;26:20;33 :8;50:6; 88: 18;89:20;96: 13; 150:16

Station (2) 9:4;10:6

stationed (1) 9:2

statistic (3) 71:2,10;142:9

statistical ( 4) 70:23;71 :7,15; 147:17

statistically (2) 103: 14;147:15

statistics (3) 68: 14;70: 11 ;142:1

status (4) 16:8,12, 13;38:25

statute (2) 150:13;151:4

statutes (1) 146:23

stayed (1) 18: 16

step (2) 68:24;77:8

Stephen (1) 40:2

stepped (1) 36:13

steps (1) 82:13

sticker (1) 52:3

stickers (2) 128:8,15

1\lin-U-Script®

still (5) 35:9 30:5;45:9,13,17;47:23; 12: 1;15:4;47: 13;50:3; suit (1) 60:8;82:6;1 07: 16;128:9; 105:9 49:15 129:5; 130: 19; 139: 19;

stipulation (2) sum (3) 145:6;146:18 6:22;21:11 112:25;142:6;147: 10 talking (16)

stop (3) summary (1) 32:17;46:2;83:25; 7:11;89: 12; 114:17 29:9 85:24;87: 16;102: 13;

straightforward (3) summer (3) 103:15;119:8;1 29: 19; 32:3;149:7,13 37:22;75 :1 6,23 J 30:13,23; 135:6;136: 17,

straight-line (2) summers (4) 20;142: 16; 144:24 107:1,4 8:7;15: 13; 16:20;110:5 talks (7)

strangely (1) superseded (1) 44:11,14;63:19; 141:4 102:2 119:24;120:1;121 :25;

strategies (3) supplement (4) 122:9 11:7,8,8 19:5,8,15,25 tangential (1)

strategy (1) supply (1) 33:19 147:22 73:21 tangentially (1)

strengths (1) support (3) 49:8 35:7 11:18;19:10,18 task (1)

strictly (2) supporting (1) 39:4 71:15;145:4 11 :12 taught(6)

strike (1) supposed (1) 15:23,23,25;21 :24; 69:1 122:2 24:9;110:15

stringent (1) sure (14) tax (4) 48:24 21:6;33: 11;43:10; 63:7;132:1 8,25;139: 12

structural (1) 72:23;77:9;78:10;81: 19; taxes (1) 89:24 85: 22;98:24; 120: 15; 99:24

student (1) 123:20; 137:13; 156:14,15 teach (7) 110:4 surface (2) 16:8,17;18:4;21 :13,24;

students (1) 126:11,13 22: 10;37:20 22:7 survey (2) teachers (3)

studies (4) 135:16,19 15:19, 19;22:8 10:20;32: I 0,23;120:21 surveys (1) teaching (13)

study (5) 9:21 ;26: 19;27: 14; 29: 12;77:5

stuff (2) 26:2;127:13

sub (1) 57:23

submitted (1) 62:13

subsequent (2) 86:18;157:12

subsequently (1) 57:23

subset (2) 23:1,1

subtraction (1) 143:10

succeed (2) 77:2,8

succeeded (2) 77: 10,11

successfully (3) 77:6;82:1;117:5

sued (1) 49:7

suffered (1) 34:14

sufficient (2) 22:16;73:3

suggest (1)

136:12 8:8;15:19;16:11 ,18; suspect (1) 18:4,8;22:6;23: 18;24: I ,2,

138: 10 6,11;48: 18 suspended (1) team (2)

44:3 122:4,5 sworn (2) technical ( 4)

6:1;7:2 16:7;46:20,25;47:1 system (2) technically (5)

11 :1;111 :14 16: 14;65:7,23;94:3; systematically (1) 108:16

136:4 technological (1) systems (1) 11:8

26:21 Technology (2) 29:6;30:22

T Tele (1) 63:7

table (10) TeleFile (1) 9: 14;65: 14,16;67:3,12, 63:7 22,22,25;70: 11 ;121 :9 telephone (3)

Tables (2) 55:1;58:6,10 70:12;147:15 telling (5)

tabular (1) 14:8;104: 12;105:2; 153:6 106:10;11 8:4

tailored (1) tells (8) 149 :19 70: 16;94: 18;1 02:23;

talk (11) 103:22,22; 127:9; 147:3, 37:23;38:3;46:2;77:6; 16 93:2,3; 101 :23;1 07: 18; Temple (3) 124: 16,18;145:21 64:3;126:20; 131:20

talked (14) ten (11)



28:4,4,4;45:12; 104: I 0; 117: 14;139:8,15; 142:17; 146:4,6

tend (3) 87:22;89:25; 104:24

tended (1) 95:4

tends (3) 88:1;104:16,17

tennis (1) 77:11

tenure (6) 20:12,14,16,18,20,21

tenured (2) 17:2;20:15

ten-year (1) 106:7

ten-year-experience {1) 136:22

term (4) 75:14,16;113: 19;124:1

terminal (2) 41 :21;42:1

terminate (1) 147:22

terminates (1) 86:24

terminating (2) 106:20,21

termites (1) 49:16

terms (12) 9: 17;10:25;26:4;31:21; 32:3;46:8;8 1: 1 ;83: 11; 114:24;140:19;152:25; 156:22

Terrace (3) 64:3;126:20; 131:20

test (3) 41 : 15;84:24;148:21

testified (5) 7:3;27: 15;35: 13;42:24; 43:12

testify (1) 50: 16

testifying (1) 34:21

testimony (1) 43:24

testing (1) 156:18

tests (3) 41:1 8;84:1 8,24

textbook (3) 25: 15,16;38:6

that-one (1) 78: 13

theirs (1) 22:16

theoretical (1) 47:6

theory (2) 11:23 ;31:23

(17) started- theory



There're (3) 16:10,11;19:2 1

Thereupon (11) 6:1 ;13:5;42: 18;51 :7; 52:5,21 ;53: 19;66:4; 128: 18; 129:21 ;15 1: 10

thinl<ing (1) 71:6

third (2) 53:14;61:1

though (9) I 0:6;25 :4;35 : 15;52:24; 70: 17; 94:2; 96: 16; 121: '11 ; 148:11

thought (10) 9:20;71: 13;73:9;95: 11; ] 21 :10; 123:9;1 25:22; 127: 17; 139:1 ;143:6

three (42) 8:7,24;10:4; 15:25; 16:20; 17:21,21 ;25: 15; 36: 13;39:25;53:10; 56:23;64:2;74: 19;78: 14; 86:16,21 ;87:5,12, 19,23; llll:7 ,13,15;90:23;101 :23; 1 02:23; 105:6,21 ;107:13, 15;1 09: 13; 111 :23;113:3, 13;114:10,22;115: 16; 136:8; 142:25; 150:8; 151:17

three-percent (1) 86:18

throw (1) 63:15

thrust(J) 46:16

times (10) 23:22,24;24:3;35:2,7; 44:23;45: 19;50:7;78: 13; 120:3

title (8) 18:3; 19:19;20:24;21 :2, 10;42: 1;49: 13;55: 19

today (11) 32:18;43:1 ;46:3;47:7; 89: 19; 110: 15;124:8; 145: 14,25; 146:9; 157:13

today's (1) 88:22

today-that (1) 86:3

Todd (2) 40:1,5

together (8) 28: 15;29: 17;30: 1,25, 25;31 :3;103:8;147: 10

told (11) 16:22;25:7;40:24;58:4, 10,15;59:21 ;71 :9;136: 18; 145:18;152:17

Tony (1) 40:8

took (6)

Min-C-Script<IO

15:1;60:22;114:9; try (7) 8:24;26:20;33:8;50:5; 128 :23; 136:6; 145:21 7: 13,'14;34: 13;37:5; 88: 17;89:20

top (5) 56:6;108:5;126:7 units (1) 19: 14;63: 1 ;66:23; trying (13) 87:10 117: 18;131 :7 II :21 ;20: 14;45:23; Univer (1)

topic (2) 46: I ;74: 12;75 :9;80:25; 10:15 28:23;44:24 85:6;108:7;1 16:17; universities (l)

total (6) 127: 18; 128:4;153: 17 44:2 69:5;10 1:10,15, 16,17; turn (2) University (28) 152:7 38:16;98:2 8:8,15,17,25;10:16;

Totally (2) Twice (1) 14:2, 13,22; 15: 17; 16:9, 70:2;128:10 78:25 15,24;17:1,6,13, 15;20:10,

tough (1) two (32) 18;21 :23;22 :1,23;23:10; 16:2 14: 17;2 1 :21 ,;22: 17; 24:23;25:2,4,6;30:7;

track (2) 24:2,7;37: 19;39:22; 41:10 17:2;20:20 40: 10;53:5;65: 12;67:21; University-Cairo (1)

training (9) 68:1 ;69:7;75: 17;78: 14; 22:1 32:14, 15;47: 12;77: 11; 87:11;90:24;106:16; university's (1) 82: 18;84: I ;107: 17 ,20; 111 :23; 112:20;115: 15; 15:4 113:3 116:14;119:8;140:5; Unless (5)

transcript (8) 141 : I ,9; 142:3,6; 144: 10; 42: 15;55:7;85:2 1; 62:2;73:24;74:3,7; 145:6;147: 10;154:21 133:1;135:15 75: 15; 113:19; 130:3,6 two-three (1) unlikely (1)

transcripts (3) 78:13 56:5 72: 1; 109:19; 148:15 two-year (2) unpaid (2)

transferred (1) 118:6,10 15:3,8 61:19 type (2) unreasonable (1)

transformations (1) 107:24;126: 18 141:11 89:24 typically (9) unusual (1)

transgressions (1) 18:7;20: 16;34: 13,20,, 87:9 155:5 22;38:21 ;48:21 ;55:6; up (30)

transition (4) 113:6 11:21 ;12:3;16:1;25:20; 32:8;45:3;4 7: 12; 26: 15;27: 16;43:4;46: 11; 123:15 u 61:4;82:7;90: 18;92: 1;

transitioned (1) -- 93:6,9;96:9, 12;98:5; 26:4 Ultimate (1) I 03: 12;1 04:9,9, 14,22;

transitioning (1) 67:3 111: 13;112:25;113: 13, 47:3 ultimately (1) 23; I 1 8:9;137:3; 143:2;

transitory (1) 45:2 147:7 122:23 UNC (2) updated (1)

transmittal (3) 9:9; 13:18 43:14 51: 12;58:7;59: 16 unclassified (1) upon (4)

transmitted (4) 12:21 21 :5;58:20;85: 16; 57:18;58:21;59:11 ,22 uncovered (1) 140:5

transpose (J) 143:11 USAID (2) 144:3 under (12) 33:8,14

travel (1) 17: 15;23: 12;43:6; US-Brazil (1) 19:15 57: 18;59:2;86:11;108:6; 38:14

traveling (2) 112: 14;11 7:2; 143:13; usc (25) 24:18;37:2 144:6;156: I 19: 15,16,16,17;65:22;

trial (1 0) unemployed (2) 69: 16;76:22;81 :2;84: 14; 6:11;33:11;35:1;43:5, 100:3,7 85:2;106:12;116:6; 18,21 ;45:1 0;49:17; unemployment (7) 118:25;119:3;136:15; 148:25;149:1 89:2,4;99:22,24; 100:5; 143:7;147: 14,14;149:1'

tries (1) 136:2;147:12 16,18,22; 152:6,7,10 148:10 Union (7) used (10)

trips (1) 11: 16;12:6,14;26:20, 11:15;22: 16;31 :12; 29: 16 24;27:1;46:6 81:8;106:19;116:16;

trouble (1) unique (1) 128:25; 132:22;147: 1; 122:10 28:3 149:17

true (5) unit (1) uses (1) 81 :24;106:17;110:25; 20:25 22:13 138:19;144:14 United (6) using (7)



90:21; 101 :8;105:6; 115:22; 116:12; 122:2; 135:9

usually (9) 19:7,13;23:25;28: 13; 35:22;36:2;99: 17; 122:22;123:16

utilize (4) 31:21 ;35:22;48:20; 131:25

utilized (3) 65:23;67:5;96: 16

1----- -------·-

v vacation (2)

93:23;94:1 valid (2)

155:16,1 8 value (24)

90:7,16,17,17,19;91 :3, 5,14,16,19;92:1 '10,11, 14, 16;93 :4,5;1 01 :8;103: 12; 105:9,10; 143: 14; 144: 16; 146:19

valued (1) 141:19

values (1) 91:12

variation (2) 149:10,11

varied (2) 46:5;156:13

variety (1) 22:12

various (9) 22:11,1 3;24:14;26:24; 29: 16;31:25;32:10; 59:15;73:13

verbal (1) 7: 13

verified (1) 143:22

versus (3) 43: 15;69:9; 144:9

viable (J) 81:24

view (1) 147:17

Villa (2) 74:8,16

Virginia (3) 8:9;9:2;39: 10

Visible (2) 27: 18;28: 19

visited (1) 12:14

visiting ( 4) 15:14, 16; 16:3,5

vitae (1) 12:23

volunteer (1) 120:18

(18) There're -volunteer



vote (1) 48:22

w wage (15)

86: 17,18;87: 13,21,24; 88:1 ;91 :20;93:3; 104: 16; 105:4;106: 15;107:4; 115:23;142:8,10

wages (23) 82:8;87:20;88: 15;90:9, 23;91:6,1 1,16;92: 16; 95:3,4;101 :7,10, 16,18; 106:11 ; 107:21;114:24; 118:9,17;142:1 8;143:14; 152:8

wait (10) 7: 14;53:3 ,4,4;54:4; 61:4,4;62:19; 114: 15; 128:3

waived (2) 6:15,22

wants (1) 127:20

War (1) 9:15

Ward (1) 43:15

Washington (3) 8:5;10:14;15:10

way (28) 25:4;29:2;43:20;46:20; 54:24;74:20;77: 19;83:2; 86: 15;90:21 ;93:21; 94: 16;96:9;98: 1,2; 107:3; 117:7; 121:22;123:21 ; 135: 13;137:11;140: 13; 142: 13; 146:3;152:2,4; 155:5;156:3

ways (2) 109:20;122:18

weaknesses (1) 35:7

web (3) 94:4,8;131:15

we-Carole (1) 31:3

week (5) 24:24;37:3,4;40:25; 57:24

weight (3) 77: 11 ;111:1 ;113:3

weighted (1) 113:1

weights (2) 18:11;113:4

weren't (4) 12: 16;24:11 ;34:4;60:4

Western (3) 44:18,20,20

what-if(2) 81:25;83:2

Min-U-Script@

What's (13) 15, 16;56:4, 18,21 ,24,25; 78:16, 17;79: 15,19;80:16, 16:3;17: 18,19;35:7; 71: 12;92: 16; 117:25 21 ;8 1:6;83: 14,16,23; 52: 1;60: 12;61 :7;74:15; worker (1) 86: 17,18,22,25;88:7; 97:3,6;103:11;126:11 ; 81:24 89:22,22;90: 17,18;91 :3, 138:25 workers (2) 11,21,21 ;92: 1,5,6,7, 15,

whenever (1) 32:8;47:5 20,20;98:12; 104:4; 50:23 workers' (1) 105: 18;106:6,14,20;

whereas (3) 99:22 116:25;137:4;139:13 108: 13;113:2,3 working (14) years (72)

WHITLOCK (28) 10:13; 14:2;31:24;44:2; 8:23,24; 1 0:4,18; 11:3, 6:2,21;7:6;13:3,7; 49: 12;79: 16;80:7,20; 13;14:14, 17, 19;15:25; 23:11;26:12, 14;36:16; 93: 17;98: 13; 137:23,24; 18:7,17;21 :21 ;22: 18; 42:20;51 :9;52: 16;53:2, 144:3; 147:1 8 24:5;32:6;36: 12, 13; 22;56: 15;65: 10;66:7; Worklife (11) 45: 12;46: 14;47:2;49:11, 71 :21,22;89:8; 115: 10; 70:3,12,14,21 ;86:23; 25;66:25;67:2,10, 13,24; 127:22;128: 1,4 ,21; 92:6;105:2; 117:20;147:3, 69:20,22;70:9;71 :4,12; 129:23; 151:12;157:7 15;149:11 74:20;75: 17;87:20;88: 13,

whole.(3) workplace (1) 15,25;92:7; 101 :7; 104:5, 35:10;107:15;135:24 70:6 10;106:5,11,12,16;

who's (3) works (2) 109: 13; 112:20;116: 14, 54:22; 135:20; 147:20 28:13;93:25 17; 117: 14,22,22,25 ;

wife's (3) workshops (2) 118: 14,19; 136:9,19; 39:9;49:8,25 22:8;44:8 13 7:2,6,20; 138:2, 16,24;

WILLARD(2) world (5) 139:4,7,8, 11 ,15; 147:4,9 7:1,18 17:24;30:3;32: 11 ;46:8; year-to-year (1)

William (12) 119:6 87:18 10:12;14:11,16;17:3, worse (1) yesterday (2) 12; 18:13;20: 19;61: 14; 88:23 43:5,12 66:23;107:10;110:16; worth (5) younger (1) 129:7 96: 18;97:19;98:2; 138:10

withdrew (3) 139:4,15 youngest (1) 78:2,4;112:10 worthy (1) 39:22

within (8) 27:4 11 :6; 16: 14,15;47:9; write (4) z 54:7;68: 10;81 :4;103:13 25: 12;27:22;30: 17,22

Without (1) writing (1) zero (4) 117:16 47:18 24:4;83:16,20;112:14

witness (16) writings (1) 6:1,14,20;23 :7;31: 17; 48: 17 1 45: 15;50: 15;52:9,12,23; written (7) 65:3,6; 115:4; 127:24; 25:12,15;31 :15,18; 1 (14) 156:12;157:14 58 :22;81: 13; 121: 19 13:4,6,9;14:23;44: 10;

witnessing (1) wrong (3) 45: 18,22;62:7;71:24; 33:6 27: 15;139:2; 146:13 77: 14,15,16;81:22;82:2

wives (1) wrongful (3) 1,109,824 (1) 39:15 31: 17;33: 1 ;57:2 143:15

Wizard (2) wrote (9) 1:00 (1) 94:4,23 25:20;27:6;28:5;30:8; 128:17

word (3) 31:2,7,8;38:3; 148:14 1:06 (1) 21:6;63:14;130: 16 \YWWFSFAcom/J obsOpcningOUITM (1) 128:17

words (4) 131:14 1:43 (1) 16:6;17:5;48:5;121 :24 157: 17

work(36) y 10 (5) 12:11, 11 ,13;25:7,25; 92:8;106: 15;122:6; 26:6;27:23;28: I, I ;34:5; YAEGER(6) 130:5;148:16 3 7:4,7 ;38 :21 ;40:24;44:9; 6:24;71: 19; 151:22; 10,650 (1) 71 :4;76: 19,20;93: 15 ; 152:1;157:1,5 80:4 102:17;117:22;118:16; Yeager (1) 1033 (1) 119:25;137:6;138:16,24; 152:4 77:25 139:5,8,1 0; 145: 16; 147:4, year (52) 1099 (1) 5,23,23;149:21 ;150: I 11 :24; 13:23; 14:21; 80:5

worked (14) 15:23; 18:25; 19: 14;24:2; lOth (1) 9:3;11:10;34:16;55:13, 39: 13;55:24;70:7,7,9,17; 71:17



11 (12) 51 :5;58:3,16;60:8, 1 0; 66:24;80: 19;129:2,2,2; 138:16;145:20

11.4 (1) 142:15

11:21 (1) 56:14

11:25 (1) 56:14

It-point-something (1) 99:17

11th (9) 54:20;58:6,7,11 ,24; 71: 17,18,19;121: I 0

12 (7) 90: 12;101 : 13;106:14; 129:5;138:24;139:4; 142:17

12th (3) 58:8;71:13,18

13 (9) 48:3;69:20,22; I 06:11; 113: 14; 129:9; 136:14,15, 25

14 (6) 75: 13;129: 12;136: 14, 15,25;137:14

14th (1) 75:13

15 (7) 49:25; 105: 16;106: I 0; 129:15;136: 14, 15,18

15/13 (1) 106:9

16 (3) 74:6;113: 14; 129:18

17 (2) 129:24;148:14

17,000 (1) 80:2

18 (6) 40:9,10; 130:8; 137:3; 138:21 ;139:4

18,000 (1) 144:17

19 (6) 65: 18;113: 14;130: 10; 131:1 ,19;132:5

19,467 (1) 101:9

1933 (1) 65:18

1939 (1) 7:21

1949 (1) 67:3

1957 (1) 8:13

1964 (1) 65:15

1965 (1) 9:1

(19) vote - 1965


Desmond, et al .. v. Narconon, et al.

1967 (3) 13:14,15,22

1968 (2) 9:1 ;14:1

1969 (1) 15:13

1972 (1) 10:11

1974 (2) 14:21 ;22:20

1977 (1) 15:7

1980 (3) 23 :4;49:4;66:24

1985 (3) 23:23;31 :20;32:25

1989 (1) 12:6

1990 (2) 18:25;23:24

1997 (1) 74:22

1998 (2) 62:7;71:24

2

2 (6) 42:19,21 ;55:23,23; 56:1,17

2.32 (1) 112:2

20 (13) 10: 18;11:3;37:4;40:25 ; 45 : 13,24;49:25;118: 13, 19; 121 :3; 130: 16; 138:11, 13

20,000 (1) 144:18

200- (1) 79:19

2000 (7) 14:23;20:22;22:25; 37:12;70:17;75:24,24

2001 (5) 75:13, 13,14;77:23,23

2002 (2) 37:14,22 .

2003 (5) 37:22;63:8;79:23; 132:22;141:14

2004 (3) 63:8;79:25; 141:14

2005 (4) 37:23;63:8;80:2; 141:14

2006 (6) 63:8;79: 15;80:4,15; 83:21; 141:14

2007 (4) 42:24;43:25;80:15; 83:21

2008 (15)

Min-D-Script®

-

58: 16;66:24;71: 13, 14; 151:11 '16; 154:1 ' 11 103:24 80: 16,18,19;82:2;83:21; 28.28 (6) 38,918 (1) 92:6;113:11 ;120: 13; 66:25;67: 1 0;70:4, 7; 90:19 121:3,10,13 92:4,7 39,674 (2)

2009 (1) 28.28-year-old (1) 90:16,16 65:18 67:23 396 (1)

2010 (18) 28th (1) 91:9 65: 15;70: 12;81:22; 66:24 82:2;92: 12;97:19;1 01:7, 4 20;104: 1,2,2;105:6,11, 3 18;107:8; 108:11;136:6; 4 (8) 152:22 3 (14) 53: 18,20;54:8,13;59:6;

2011 (9) 25: 11 ,1 1;51:24;52:6, 132:23;139:21,23 42:25;43: 1 ;51 :4,5,17; 19;54:13;57:20,21 ;58:25; 4.3 (2) 55:25;56:6;57:7;101 :7 59:4;64: 15, 16;79:20,21 118:22,23

2011-just (1) 3.0 (1) 4.3/5.0 (1) 86:4 119:3 118:2

2012 (1) 30 (11) 40,864 (1) 105:25 37:5;40:25;45: 13; 90:18

2015 (1) 86:24;87:20; 117:22,22, 401k (3) 105:20 25; 138:23 ;139:5,7 93:7;100:10,19

2041 (3) 30,000 (1) 403b (1) 86:25;91 :4,21 103:8 100:10

20th (5) 30.6 (1) 41 (1) 120:13;121 :4,8,12,13 147:9 101:13

21 (1) 300,000 (1) 41,229 (2) 132:19 103:7 90:6;92:8

21.81 (3) 30-6 (1) 41,669 (1) 141:19;142:3,6 117:18 106:8

218,866 (1) 30th (I) 42,074 (1) 101:15 7:20 116:13

21st (1) 30-year-old (1) 44 (1) 27:19 103:23 104:5

22 (2) 31 (5) 448 (2) 113:14;133:3 109:8; 137:6, 15;138:2, 51:20;121:25

22,117 (1) 17 45 (1) 92:17 31-year-old (1) 104:8

23 (4) 137:15 45- (1) 106: 18; 117: 13;131:3,6 33 (4) 106:1

233,808 (1) 116:1; 117:12,24; 45,000 (1) 143:17 136:19 137:18

237 (1) 33.4 (3) 45,493 (1) 101:17 70:4;71 :4,12 105:24

24 (4) 336 (1) 45,774 (1) 133:21 ;137:3; 138: 13; 51:21 104:6 141:21 34 (2) 450 (2)

24.3 (6) 122: 12;137:20 51:20;122:9 92:23;93: 10;96:18; 345 (1) 451 (1) 100:22;101:9; 141:20 51:21 51:20

242,053 (1) 35(5) 452 (1) 143:18 1 04:5;1 05: 19; 1 06:1 7; 51:21

25 (8) 116:20;137:22 46.25 (4) 47: 16; 106: 17;113: 14, 358 (1) 67:2,12,24; 129:7 15,23;134:8;137:4,20 51:21 48 (1)

26 (1) 368 (1) 39: 13 134:21 51:20

262 (1) 37 (1) 5 51:20 91:7

27 (4) 37,396 (3) 5 (11) 47:17;49:1 ;128:20; 86: 10,13,16 53: 18;54: 17; 132:23; 135:1 38 (2) 139:21,23; 142:21;

28 (7) 39:22; 142:25 143:13, 18;144:6,11,17 109: 15;139:9,15; 38,000 (1) 5.0 (2)



118:22,24 50 (2)

103:4,5 50,177 (1)

104:11 50,216 (1)

106:7 50/50 (1)

27:9 52- (2)

106:2,3 52,640 (1)

105:22 522 (1)

51 :21 526 (1)

51:21 529 (1)

51:21 54 (1)

104:8 559 (4)

51 :20; 120:6,7,8 565 (1)

51:20 57 (1)

147:20 58- (2)

115:1,1 59,000 (2)

116:13,14 5th (1)

43:1

6

6 (14) 51: 17;53: 18,21 ;54:4, 18;59:25; 132:23; 139:22; 142: 19;143: 15,18; 144:6, 11,18

6,000 (2) 98:15,17

60- (1) 115: I

63 (3) 118:1;147:1,1

65 (2) 13:20;147:14

67 (2) 147:6,14

6th (7) 53:4,11;54:3,3, 14; 59:19;157:11

7

7 (13) 53: 13;54: 10,16;66:5,8; 75: 14;87: 16;115:17; 139: 19; 142:23; 143:1; 144:11,16

7- (1)

(20) 1967- 7-



14:10 70 (2)

15: 13; 147:7 71 (1)

15:14 72 (2)

14: 11;110:16 73 (2)

14:10,11 74 (3)

10: 12;23:3;110:16 78,337 {1)

106:8 7th (5)

53: 13,14;54:3; 102:1; 139:24

8

8 (8) 54:17;66:6,8;115:18; 139:19;144:9, 1 1,17

80 (1) 48:22

80,000 (1) 116:2

80s-in (1) 89:2

81,673 (1) 101:8

86,000 (1) 116:15

8th (7) 43:1 8;53: 12,15;54: 1,2; I 02:3; 143:4

9

9 (9) 25: II ;92:3,4,4,20; 128: 19; 130:2; 138:25; 148:16

94 (1) 73:25

95 (3) 23:23;73:25;139:1

96 (1) 73:25

97 (1) 73:25

98 (4) 73:25;75:24;92:2; 139:3

9th (2) 43:1 ;86:4

1\'U n-U-ScriptQ.\1

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(21) 70- 9th

10A28641 2 2011-12-09 DepositionOfDrFrancisWillardRushing Ocr

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