U N I T E D S T A T E S P A T E N T A N D T R A D E M A R K O F F I C E
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` B E F O R E T H E P A T E N T T R I A L A N D A P P E A L B O A R D
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`L I B E R T Y M U T U A L I N S U R A N C E C O M P A N Y ,
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` P e t i t i o n e r ,
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` v s .
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`P R O G R E S S I V E C A S U A L T Y I N S U R A N C E C O . ,
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` P a t e n t O w n e r .
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` T E L E P H O N I C P E T I T I O N H E A R I N G
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` A U G U S T 2 9 , 2 0 1 3
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` 2 : 3 0 p . m .
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` T a k e n a t :
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` J o n e s D a y
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` 9 0 1 L a k e s i d e A v e n u e
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` C l e v e l a n d , O h i o
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` T o d d L . P e r s s o n , N o t a r y P u b l i c
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`A P P E A R A N C E S :
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`Page 2
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` O n b e h a l f o f t h e P e t i t i o n e r , v i a
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` t e l e c o n f e r e n c e :
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` R o p e s & G r a y , L L P , b y
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` J . S T E V E N B A U G H M A N , E S Q .
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` 7 0 0 1 2 t h S t . N o r t h w e s t
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` O n e M e t r o C e n t e r
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` W a s h i n g t o n , D C 2 0 0 0 5
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` ( 2 0 2 ) 5 0 8 - 4 6 0 0
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` s t e v e n . b a u g h m a n @ r o p e s g r a y . c o m
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` O n b e h a l f o f t h e P a t e n t O w n e r :
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` J o n e s D a y , b y
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` C A L G R I F F I T H , E S Q .
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` J A M E S L . W A M S L E Y , I I I , E S Q .
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` J O H N B I E R N A C K I , E S Q .
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` 9 0 1 L a k e s i d e A v e n u e
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`A P P E A R A N C E S , C o n t i n u e d :
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`A P P E A L B O A R D ( v i e t e l e c o n f e r e n c e ) :
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` J U D G E J A M E S O N L E E ( C h a i r )
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` J U D G E J O N I C H A N G
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` J U D G E M I C H A E L Z E C H E R
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` MR. GRIFFITH: Your Honor, Cal
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`Griffith with Jones Day, along with my
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`partners, John Biernacki and Jim Wamsley. And
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`we notified the Board that we would have a
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`court reporter on the call, and we have a court 14:31:58
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`reporter here as well, Mr. Todd Persson.
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` JUDGE LEE: Representing Liberty
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`Mutual?
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` MR. GRIFFITH: I'm sorry, Your
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`Honor. We represent the Progressive Casualty 14:32:08
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`Insurance Company.
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` MR. BAUGHMAN: Your Honor, Steve
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`Baughman, at Ropes & Gray. I have a colleague
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`with me, but he won't be entering an appearance
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`today. 14:32:21
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` JUDGE LEE: The court reporter is
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`fine. Thank you. Will we be getting a copy of
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`the transcript, I hope?
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` MR. GRIFFITH: Surely, I hope.
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` JUDGE LEE: And you'll provide one 14:32:31
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`to the other side?
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` MR. GRIFFITH: Yes.
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` JUDGE LEE: Thank you. And
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`Progressive asked for this call?
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` MR. GRIFFITH: Yes, Your Honor. 14:32:38
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`This is Cal Griffith speaking. The issue that
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`brings us here today involves, at our request,
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`four CBMs, specifically 2012-2, -3 and -4, as
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`well as CBM 2013-9.
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` Your Honor, the same issues are 14:33:00
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`involved in one additional CBM for which a
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`reply was filed on Tuesday, and I've spoken
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`about this with Mr. Baughman, and that is
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`2013-4, relating to yet another of the
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`Progressive patents. And it has the same 14:33:21
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`issues involved with whether the reply is a
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`proper reply, and whether the reply evidence is
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`proper reply evidence.
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` I want to let Your Honor know that
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`Mr. Baughman and I, as well as one of his 14:33:40
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`partners, spoke a couple of times about this,
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`or maybe more than that, but certainly in a
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`little detail we spoke at least a couple of
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`times about the issues here and whether the
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`replies were proper. 14:34:03
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` Now, one of the issues that we
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`spoke about is a somewhat mundane issue, if you
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`will, of formatting, and the fact that their
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`replies were not properly formatted. That's
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`not true with the one filed this week. It was. 14:34:21
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`216-523-1313
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`But the other replies were not properly
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`formatted. But we resolved that issue, and
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`basically Liberty offered to file a reformatted
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`thing, and make sure that it didn't go over 15
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`pages. 14:34:36
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` Progressive, in view of all things
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`and considerations, decided to just waive that
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`issue, and so those need not be refiled, and
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`we're not going to be complaining about that.
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` JUDGE LEE: Wonderful. So this 14:34:48
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`call is really about five cases then, including
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`the 2013-00004 dec?
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` MR. GRIFFITH: That's correct, Your
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`Honor. And let me get to the nub of the
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`matter. The replies in each of these cases 14:35:01
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`involve, or have included with them very
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`substantial new declarations, and in most cases
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`longer than the original declaration that the
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`witness filed, or in some cases a witness filed
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`a declaration and had not filed a declaration 14:35:26
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`originally.
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` In addition, there's some new
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`evidence that has been submitted, and again, we
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`think this goes beyond what is fairly
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`considered to be reply evidence. 14:35:40
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` JUDGE LEE: Can I interrupt you?
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` MR. GRIFFITH: Yes, Your Honor.
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` JUDGE LEE: You know, usually we
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`don't want new issues, and we don't want new
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`evidence that comes in as a reply when it 14:35:55
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`should have been submitted in the first
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`instance. But in these proceedings, we've
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`already instituted trial, so that means the
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`Petitioner already established a reasonable
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`likelihood of success. So the odds of the 14:36:11
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`Petitioners not having set forth the prima
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`facie case is -- I would say is not so big,
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`because there's also a threshold that we
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`passed. It's not, like, impossible, but it's
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`possible. But it's a lot less in likelihood 14:36:29
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`than the usual case where a motion is already
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`filed and it has not been looked at by the
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`Board.
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` For instance, in an interference
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`motion practice, there is a motion, there's a 14:36:43
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`motion and a reply. The Board has never looked
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`at anything. So in that situation, it's quite
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`likely that the reply would come in with
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`additional evidence that's trying to fill up a
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`hole that should have been addressed as a part 14:36:58
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`216-523-1313
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`of the prima facie case. But here we've
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`already instituted in the parties' review, so
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`I'm just suggesting that the likelihood of the
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`Petitioners not having made out a prima facie
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`case is less in this circumstance than in 14:37:15
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`circumstances where the Board has not even
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`looked at the motion at all, such as in an
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`interference case. So -- and the Petitioner
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`usually puts in the last word, not the case,
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`that any time they put in something and the 14:37:29
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`reply is automatically suspect. If the
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`opposition says, hey, in this field, no one
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`knows about anything, then they're entitled to
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`put in 30 declarations if they want to say what
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`are you talking about; anybody in this field 14:37:46
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`would have known about this. So in that
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`situation, the reply evidence would have been
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`triggered by the opposition that said, hey, no
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`one in this field knows about anything.
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` So I wouldn't get too excited just 14:37:58
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`by the number of declarations, or the fact they
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`put in declarations in their reply. You can
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`continue, but I just want to put that forward
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`first so we're talking on the same wavelength.
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` MR. GRIFFITH: Your Honor, thank 14:38:16
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`216-523-1313
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`you for that. And I appreciate the warning, if
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`you will, or the remarks about what -- you
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`know, what this Court's -- this Panel's
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`exceptions are, and to -- how this operates and
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`the circumstances of the CBMs. 14:38:35
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` I would like to discuss some of the
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`particulars of this evidence so that the Board
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`appreciates the issues with respect to it,
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`bearing in mind Your Honor's comments. But
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`before I do that, one thing I am aware of that 14:38:57
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`I wanted to note, that I am aware of the
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`interference rules and standards to which Your
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`Honor just referred.
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` It is my understanding that in that
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`practice, that a new issue will be -- is 14:39:11
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`considered to be raised if a reply refers not
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`just to new evidence that is necessary to form
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`the prima facie case, but also evidence which
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`could have been included with the motion.
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` Now, I don't know if that standard 14:39:32
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`or consideration is going to apply here --
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` JUDGE LEE: No. That's not true.
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`It's not a blanket rule like that. It could
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`have been included in the original motion, then
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`it's automatically out of bounds in the reply. 14:39:47
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`216-523-1313
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`That's not the case. If the motion sets out a
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`prima facie case, then the movant is fine. If
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`the option brings up something that could be
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`addressed in the reply, then it doesn't matter
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`that they could have put in that evidence. 14:40:07
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`Because we went your route, there's no limit.
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`You know, then the Petitioner or the movant
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`would have had to put in 1,000 -- you know,
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`1,000 pieces of evidence, or 10 declarations
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`simply because they have the declarants at 14:40:23
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`their disposal. That's not the rule. They
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`could have put it in their motion, then they
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`should have been put in their motion.
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` MR. GRIFFITH: Thank you, Your
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`Honor. Let me put in some of the concerns we 14:40:43
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`have with this particular evidence, so that at
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`least the Panel is aware of this.
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` In two of the CBMs, CBM 2012-3 and
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`2013-9, one of their declarants filed no
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`initial declarations. Mary O'Neil is the name 14:41:11
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`of the declarant. And when we -- we served
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`notices of deposition for her in two CBM
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`proceedings, 2012-2 and 2012-4, but we
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`accidentally also served a notice of deposition
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`for 2012-3, and counsel for Liberty said, wait 14:41:43
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`a second, she didn't do a declaration in that
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`one, you're going to have to withdraw that. He
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`was correct. She hadn't done a declaration in
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`that one, and so we did withdraw the notice.
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` When I was taking her deposition, 14:41:58
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`we got into questions that I felt related to
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`the 970 patent, the other two CBMs for which
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`she was being deposed, but for which counsel
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`for Liberty felt it related only to 2012-3 or
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`2013-9. And he cautioned me -- and in this 14:42:23
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`particular line of question related to the term
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`"rating factor," and he cautioned me that I
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`couldn't ask about that term because it related
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`to two CBMs for which she had not filed a
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`declaration. And essentially the questioning 14:42:47
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`along that line was shutdown. And now Ms.
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`O'Neil has filed declarations in each of those
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`two cases, and in part opining on the Board's
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`interpretation of "rating factor" and why
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`Mr. Miller, one of our experts, is wrong in 14:43:09
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`which she believes it actually should properly
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`mean.
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` Another significant issue with
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`us --
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` JUDGE LEE: I'm sorry, so were you 14:43:22
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`able to cross-examine Ms. O'Neil after the
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`reply declarations came in?
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` MR. GRIFFITH: Well, we have -- I
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`guess that's why we're -- I asked for this
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`call, Your Honor, because we have no -- the 14:43:34
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`schedule doesn't allow any vehicle for us to
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`submit any deposition testimony or any reply
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`that explains it, or even observations with
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`respect to it. We feel in light of this, and
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`other things, that we do need -- I guess you 14:43:57
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`would call them sur-replies -- to address this,
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`and deposition discovery if these replies and
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`this evidence is not stricken.
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` There are other issues with respect
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`to these matters, and they're somewhat similar, 14:44:17
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`Your Honor, to this one that I just described.
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` JUDGE LEE: Yeah. But let me
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`interrupt you again. I'm sorry. If it's not
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`in the scheduling order, what I want to say is
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`you can cross-examine Ms. O'Neil, and then you 14:44:34
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`have an opportunity to ask us, if you feel
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`necessary, to file observations on
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`cross-examination, even though it's not
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`expressly spelled out in the scheduling order.
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`Are you still able to do that? 14:44:50
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`216-523-1313
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` MR. GRIFFITH: Your Honor, I
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`believe the question would be the schedule and
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`time availability of Ms. O'Neil, and timing to
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`be able to submit observations or something, if
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`leave were given to file a sur-reply even in 14:45:13
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`view of testimony, then the issue would be
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`timing and the ability to -- because I believe
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`in two of these CBMs, and specifically it's
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`2012-3 and 2013-9, I believe the hearing is set
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`for October 8th. 14:45:31
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` JUDGE LEE: Well, it's really
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`unusual to -- when you want to cross-examine
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`the declarant, and you don't have an
`
`opportunity to do so, and then we will still
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`rely on the declaration testimony. So I think 14:45:46
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`we have to look at it from that standpoint.
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`You can either let it go, or you can
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`cross-examine the declarant. We're not going
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`to deprive you of that opportunity.
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` Now, whatever you uncover at 14:46:00
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`cross-examination, if it's necessary we will
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`even allow you to ask for the submission of
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`observations on cross. There is definitely no
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`sur-reply, but you do have tools at your
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`disposal to challenge the declaration testimony 14:46:17
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`216-523-1313
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`Page 14
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`that was submitted in their reply. So I don't
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`want to just skip over that route. It is the
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`route that's normally provided, even though we
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`didn't spell it out in the scheduling order,
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`for you to take care of such matters. So can 14:46:35
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`we explore any remaining opportunities for you
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`to cross-examine Ms. O'Neil?
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` MR. GRIFFITH: Well -- and we would
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`also need to cross-examine Mr. Andrews, their
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`other declarant, who also submitted 14:46:58
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`declarations. Again, generally speaking, they
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`were longer or as long as the opening decs.
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`And so we would need both of those. And we
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`would need to schedule them, and then hopefully
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`have the time before the hearing to be able to 14:47:17
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`submit something, if indeed something is
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`determined germane.
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` JUDGE LEE: How late are we -- when
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`were these reply declarations filed?
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` MR. GRIFFITH: At different points 14:47:35
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`in time, Your Honor. We've got the same two
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`declarants in all cases. Two of them were
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`filed just last Tuesday. Two -- I'm sorry --
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`one of them was filed last Tuesday. Two were
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`filed on August 15th, and then two were filed 14:47:48
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`on August 6th. Actually, Your Honor, I
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`apologize. It was -- because there's two CBMs
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`on August 6th and two CBMs on August 15th, four
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`decs were filed on August 6th, four decs were
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`filed on August 15th, and then two declarations 14:48:10
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`were filed on Tuesday of this week.
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` JUDGE LEE: Yeah. So perhaps we're
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`a little bit late on the August 6th submission,
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`but I don't think it's something that we can't
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`adjust the schedule to accommodate. 14:48:23
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` MR. GRIFFITH: That may be helpful,
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`Your Honor. And we want -- we sought to have
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`this phone call earlier, and this was the
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`earliest date that Liberty's counsel was
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`available. And in addition, Your Honor, we 14:48:44
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`have this other CBM, the one for which was just
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`filed on Tuesday, and there was some sentiment
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`that it would be nice to be able to address
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`with the Board all of these at the same time.
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`But -- 14:48:59
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` JUDGE LEE: Well, if you have the
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`same declarant and you want to cross-examine,
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`it's going to be difficult -- you probably
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`cannot merge them all into a single
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`cross-examination, right? Because you can't 14:49:09
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`use someone's testimony in some cases. Is that
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`going to be a problem, or are you going to have
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`to schedule a different session for different
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`cases?
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` MR. GRIFFITH: Well, earlier, Your 14:49:21
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`Honor, when we took Ms. O'Neil's deposition, we
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`did it in two cases, and we did it on the same
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`day, and we merged the deposition, if you will,
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`such that it was one transcript, one
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`deposition, and it was in both -- it was in two 14:49:37
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`CBMs. And we did the same for Mr. Andrews.
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` Now, I haven't until Your Honor
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`asked the question given consideration to
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`whether we could do that same thing for all
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`five of these CBMs, and I might need to discuss 14:49:51
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`that with Mr. Baughman. But that would be a
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`possibility. The advantage of that, I think,
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`is that that would perhaps facilitate getting
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`this done. It might take longer if we break it
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`up into separate CBMs and have to have it done 14:50:12
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`on a separate day, or something like that.
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` JUDGE LEE: Okay. What I want to
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`say is your observations on cross-examination
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`of reply declarant would normally come in on
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`due date 4. So whatever you need to work out 14:50:34
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`with Mr. Baughman, can you keep that in mind,
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`and you can propose a different due date 4
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`through 7, and let's see if we can still make
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`everything work?
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` MR. GRIFFITH: Okay. 14:50:50
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` JUDGE LEE: Now, it's not your
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`fault, because the scheduling order didn't talk
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`about observations. But if you wanted to
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`cross-examine the declarant, you could have
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`called us. We're trying to work it out now to 14:51:02
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`see if the schedule can still permit you doing
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`that.
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` MR. GRIFFITH: Your Honor, perhaps
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`may I suggest that we try to work out a
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`schedule with Mr. Baughman that would be 14:51:16
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`jointly agreeable, and then propose that to the
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`Board, or submit it to the Board for approval?
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`I think at least in one of these cases the
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`hearing date may need to be changed, if that's
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`feasible. And in part it's going to depend on 14:51:41
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`the availability of the witnesses and things of
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`that nature, and of course the lawyers'
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`schedules.
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` JUDGE LEE: Well, you know, we're
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`not too concerned about the availability of the 14:51:51
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`witnesses. It is their reply declarant.
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`Either they put out their declarant or they
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`can't rely on it. So I wouldn't push back the
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`oral hearing date because the witnesses are
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`unavailable for an extended time. The reply 14:52:10
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`side should really make every effort to make
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`the declarant available.
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` MR. BAUGHMAN: Your Honor, Steve
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`Baughman, for Petitioner. We're happy to talk
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`with Mr. Griffith about the schedule. 14:52:24
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` JUDGE LEE: Wonderful. Now, and
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`just one more thing. There's almost no chance
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`for a sur-reply. If that's what you're
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`shooting for, I don't want you to get your
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`expectations up very high, okay? Because the 14:52:39
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`Petitioner gets the last word. What you get to
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`do here is to cross-examine the reply
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`declarant, and then if you find something
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`that's really inconsistent with what the
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`declarant said earlier in another portion of 14:52:56
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`the declaration, you can file a limited
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`observations on cross, which simply point out
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`in very concise and short manner, you know, she
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`said this here, but please look at page 6,
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`lines 5 through 8. It's something along that 14:53:17
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`line, and not what you think a sur-reply looks
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`like.
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` MR. GRIFFITH: I understand, Your
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`Honor.
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` JUDGE LEE: All right. And both 14:53:31
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`sides have really cooperated up to now, so we
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`think we can work this out. I'm going to put
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`you on mute while the Panel discusses
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`something.
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` MR. BAUGHMAN: Steve Baughman, for 14:53:47
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`Petitioner, if I could for just one moment,
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`Your Honor. I would like an opportunity, since
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`there's a record here today, just to say that
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`we do disagree about whether Ms. O'Neil's
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`declarations were -- was in the proper scope, 14:53:55
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`and she hadn't opined on the issues that were
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`being raised in that earlier deposition until
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`well after the deposition. I'm happy to
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`elaborate further, but I just wanted that on
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`the record. Thank you, Your Honor. 14:54:06
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` (Discussions off the record.)
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` JUDGE LEE: All right. Do you know
`
`what the hearing date for 2013-0003 is at this
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`point?
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` MR. GRIFFITH: Yes, Your Honor. 14:54:50
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`Again, this is Calvin Griffith speaking. I
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`believe it is October 8th.
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` JUDGE LEE: So that would be the
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`earliest hearing that we have, right?
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` MR. GRIFFITH: Yes, Your Honor. 14:55:01
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` MR. BAUGHMAN: Mr. Griffith -- this
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`is Steve Baughman -- is it October 7th?
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` MR. GRIFFITH: I had it down --
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` MR. BAUGHMAN: You're right.
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`Excuse me. I had the wrong date. 14:55:14
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` MR. GRIFFITH: Okay. I'm worried
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`about that one, Your Honor, and that's the one
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`in particular that it's -- that I'm -- you
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`know, as I think about accomplishing these
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`things, that one to me seems that we may have a 14:55:30
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`need to move.
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` JUDGE LEE: When did that one get
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`instituted?
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` MR. GRIFFITH: Last spring, Your
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`Honor. I mean, it was in April, or something 14:55:41
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`like that. I can't recall specifically.
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` MR. BAUGHMAN: I believe these are
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`the 358s, Cal?
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` MR. GRIFFITH: Yes.
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` MR. BAUGHMAN: This is Steve 14:55:51
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`Baughman for Petitioner, Your Honor. One was
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`granted, I believe, February 12th, and the
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`other March 28th.
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` JUDGE LEE: Yeah. If you really
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`cannot -- if you really need to move the 14:56:03
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`2012-00003, I think we have some room to play
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`with.
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` MR. GRIFFITH: Well, that's
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`helpful, Your Honor.
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` JUDGE LEE: Yeah. But only do that 14:56:17
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`as a last resort. So we trust that you won't
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`abuse the privilege.
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` So is that the course of action,
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`you will talk to each other and propose dates?
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` MR. GRIFFITH: Yes, Your Honor. 14:56:35
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` MR. BAUGHMAN: Yes, Your Honor.
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` JUDGE LEE: Dates 4 through 6, and
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`then perhaps moving due date 7 for 2012-00003?
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` MR. BAUGHMAN: And I believe that
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`00003 and 2013-00009 are on the same date, Your 14:56:53
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`Honor, which was intentional. So if we were to
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`move one, would it be permissible to move both?
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` JUDGE LEE: According to what I'm
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`looking at, the 2013-00009 is scheduled for
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`October 28th. 14:57:11
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`Page 22
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` MR. BAUGHMAN: I believe we had a
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`unified schedule for those two that was agreed
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`in a later order, Your Honor.
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` JUDGE LEE: Oh, I see. Okay.
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`We'll keep them together. Sure. So if the 14:57:24
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`00003 is moved, then 00009 would be moved
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`together.
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` MR. BAUGHMAN: Thanks, Your Honor.
`
` JUDGE LEE: Are you finished,
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`Mr. Griffith? 14:57:44
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` MR. GRIFFITH: I am, Your Honor.
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` JUDGE LEE: Well, that's good. So
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`we'll look forward to your agreement and paper,
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`and then we'll -- as soon as we see the paper,
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`we'll let you know yes or no. 14:58:01
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` MR. GRIFFITH: Very good. Thank
`
`you for your time today, Your Honor.
`
` JUDGE LEE: You're welcome. Thank
`
`you. Thank you for being willing to work it
`
`out with each other. It really helps the Panel 14:58:14
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`as well.
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` MR. BAUGHMAN: Thanks, Your Honor.
`
` JUDGE LEE: Thank you.
`
` ~ ~ ~ ~ ~
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` REPORTER'S CERTIFICATE
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`Page 23
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` I, Todd L. Persson, do hereby
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`certify that as such Reporter I took down in
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`Stenotypy all of the proceedings had in the
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`foregoing transcript; that I have transcribed
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`my said Stenotype notes into typewritten form
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`as appears in the foregoing transcript; that
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`said transcript is the complete form of the
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`proceedings had in said cause and constitutes a
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`true and correct transcript therein.
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` ________________________________
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` Todd L. Persson, Notary Public
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` within and for the State of Ohio
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`My commission expires August 1, 2017.
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`

`
`[& - complaining]
`
`&
`& 2:5 4:13
`0
`00003 21:20 22:6
`00009 22:6
`1
`
`1 23:21
`1,000 10:8,9
`10 10:9
`12th 2:7 21:2
`15 6:4
`15th 14:25 15:3,5
`2
`20005 2:9
`2012-00003 21:6,18
`2012-2 5:3 10:23
`2012-3 10:18,25
`11:9 13:9
`2012-4 10:23
`2013 1:18
`2013-00004 6:12
`2013-00009 21:20
`21:24
`2013-0003 19:23
`2013-4 5:9
`2013-9 5:4 10:19
`11:10 13:9
`2017 23:21
`202 2:10
`216 2:20
`28th 21:3,25
`29 1:18
`2:30 1:19
`3
`
`3 5:3
`30 8:14
`358s 20:23
`4
`4 5:3 16:25 17:2
`21:17
`44114 2:19
`
`5
`
`5 18:25
`508-4600 2:10
`586-3939 2:20
`6
`6 18:24 21:17
`6th 15:1,3,4,8
`7
`7 17:3 21:18
`700 2:7
`7th 20:7
`
`8
`
`8 18:25
`8th 13:10 20:2
`9
`901 1:21 2:18
`970 11:7
`
`a
`ability 13:7
`able 12:1,25 13:4
`14:15 15:18
`abuse 21:12
`accidentally 10:24
`accommodate 15:10
`accomplishing
`20:14
`action 21:13
`addition 6:22 15:15
`additional 5:6 7:24
`address 12:11 15:18
`addressed 7:25 10:4
`adjust 15:10
`advantage 16:17
`agreeable 17:16
`agreed 22:2
`agreement 22:13
`allow 12:6 13:22
`andrews 14:9 16:11
`anybody 8:15
`apologize 15:2
`appeal 1:2 3:3
`
`appearance 4:14
`appearances 2:1 3:1
`appears 23:10
`apply 9:21
`appreciate 9:1
`appreciates 9:8
`approval 17:17
`april 20:20
`asked 4:24 12:4
`16:13
`august 1:18 14:25
`15:1,3,3,4,5,8 23:21
`automatically 8:11
`9:25
`availability 13:3
`17:21,25
`available 15:15 18:7
`avenue 1:21 2:18
`aware 9:10,11 10:17
`b
`back 18:3
`basically 6:3
`baughman 2:6 4:12
`4:13 5:8,15 16:16
`17:1,15 18:8,9
`19:10,10 20:6,7,9
`20:22,25 21:1,16,19
`22:1,8,22
`bearing 9:9
`behalf 2:3,13
`believe 13:2,7,9 20:2
`20:22 21:2,19 22:1
`believes 11:21
`beyond 6:24
`biernacki 2:17 4:3
`big 7:12
`bit 15:8
`blanket 9:23
`board 1:2 3:3 4:4
`7:18,21 8:6 9:7
`15:19 17:17,17
`board's 11:18
`bounds 9:25
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`Page 1
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`break 16:19
`brings 5:2 10:3
`c
`cal 2:15 4:1 5:1
`20:23
`call 4:5,24 6:11 12:5
`12:11 15:13
`called 17:10
`calvin 20:1
`care 14:5
`case 7:12,16 8:1,5,8
`8:9 9:18 10:1,2
`cases 6:11,15,17,19
`11:18 14:22 16:1,4
`16:7 17:18
`casualty 1:11 4:10
`cause 23:12
`cautioned 11:10,12
`cbm 5:4,6 10:18,22
`15:16
`cbms 5:3 9:5 10:18
`11:7,14 13:8 15:2,3
`16:11,15,20
`center 2:8
`certainly 5:17
`certificate 23:2
`certify 23:6
`chair 3:4
`challenge 13:25
`chance 18:12
`chang 3:5
`changed 17:19
`circumstance 8:5
`circumstances 8:6
`9:5
`cleveland 1:21 2:19
`colleague 4:13
`come 7:23 16:24
`comes 7:5
`comments 9:9
`commission 23:21
`company 1:5 4:11
`complaining 6:9
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`
`[complete - honor]
`
`complete 23:11
`concerned 17:25
`concerns 10:15
`concise 18:23
`consideration 9:21
`16:13
`considerations 6:7
`considered 6:25
`9:16
`constitutes 23:12
`continue 8:23
`continued 3:1
`cooperated 19:6
`copy 4:17
`correct 6:13 11:3
`23:13
`counsel 10:25 11:8
`15:14
`couple 5:16,18
`course 17:22 21:13
`court 4:5,5,16
`court's 9:3
`cross 12:1,20,23
`13:12,18,21,23 14:7
`14:9 15:22,25 16:23
`17:9 18:17,22
`d
`date 15:14 16:25
`17:2,19 18:4 19:23
`20:10 21:18,20
`dates 21:14,17
`day 1:20 2:14 4:2
`16:8,21
`dc 2:9
`dec 6:12
`decided 6:7
`declarant 10:21
`13:13,18 14:10
`15:22 16:24 17:9
`18:1,2,7,18,20
`declarants 10:10,19
`14:22
`declaration 6:18,20
`6:20 11:1,3,15
`
`13:15,25 18:21
`declarations 6:17
`8:14,21,22 10:9,20
`11:17 12:2 14:11,19
`15:5 19:15
`decs 14:12 15:4,4
`definitely 13:23
`depend 17:20
`deposed 11:8
`deposition 10:22,24
`11:5 12:7,12 16:6,8
`16:10 19:17,18
`deprive 13:19
`described 12:16
`detail 5:18
`determined 14:17
`different 14:20 16:3
`16:3 17:2
`difficult 15:23
`disagree 19:14
`discovery 12:12
`discuss 9:6 16:15
`discusses 19:8
`discussions 19:21
`disposal 10:11 13:25
`doing 17:11
`due 16:25 17:2
`21:18
`
`e
`earlier 15:13 16:5
`18:20 19:17
`earliest 15:14 20:4
`effort 18:6
`either 13:17 18:2
`elaborate 19:19
`entering 4:14
`entitled 8:13
`esq 2:6,15,16,17
`essentially 11:15
`established 7:9
`evidence 5:12,13
`6:23,25 7:5,24 8:17
`9:7,17,18 10:5,9,16
`12:13
`
`examination 12:23
`13:21 15:25 16:23
`examine 12:1,20
`13:12,18 14:7,9
`15:22 17:9 18:17
`exceptions 9:4
`excited 8:20
`excuse 20:10
`expectations 18:15
`experts 11:20
`expires 23:21
`explains 12:8
`explore 14:6
`expressly 12:24
`extended 18:5
`f
`facie 7:12 8:1,4 9:18
`10:2
`facilitate 16:18
`fact 5:23 8:21
`factor 11:12,19
`fairly 6:24
`f