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`T1) STATfiS
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`CT COURT
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`ST< CT OE PfiNNSYLVANnA
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`2—12—CV—05680-AI
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` Philadelphia, Pennsylvania
`
`Friday, October 18, 2013
`
`
`
`Reported by:
`
`Amy A. Rivera, CSR, RPR, CLR
`
`J03 NO. 66675
`
`TSG Reporting — Worldwide
`
`877—702—9580
`
`Target Corporation Exhibit 1156
`
`Target v. DMC
`
`IPR2013-OO530, 531, 532, 533
`
`

`

`Page 2‘
`HIGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCON
`
`October 18, 2013
`9:09 a.m.
`
`Page 3+
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`APPEARANCE S:
`DLA PIPER
`
`Videotaped deposition of REBECCA PICCONE
`held at the office of DLA PIPER, 1650 Market
`
`Street, Philadelphia, Pennsylvania, pursuant to
`Notice, before Amy A. Rivera, Certified
`Shorthand Reporter, Registered Professional
`Reporter, Certified LiveNote Reporter, and a
`Notary Public of the State of New York.
`
`Attorneys for Plaintiff
`1251 Avenue of the Americas
`
`New York, New York 10020
`BY: MELISSA REINCKENS, ESQ.
`-and-
`
`KRISTEN HAN, ESQ.
`
`In-House Counsel at Destination Maternity
`Corporation
`
`FAEGRE BAKER DANIELS
`
`Attorneys for Defendant Target Corporation
`300 North Meridian Street
`
`Indianapolis, Indiana 46204
`BY: MATTHEW ENNIS, ESQ.
`TREVOR CARTER, ESQ.
`
`ALSO PRESENT:
`
`Gerard Alfe, Legal Video Specialist
`TSG Reporting, Inc.
`
` 2
`
`Page 4
`HIGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCON
`
`Page 5
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`VIDEOGRAPHER: This video deposition
`is now beginning. The date, October 18th,
`2013. The time is 9:09. This is the start
`
`of tape labeled number 1 in the deposition
`of Rebecca Piccone in the matter of
`
`Destination Maternity Corporation versus
`Target Corporation, Cherokee, Inc. and
`Elizabeth Lange, LLC being held in the
`United States District Court of Eastern
`
`Pennsylvania, No. 2-12-CV-05680-AB.
`Deposition is taking place at DLA
`Piper, LLC, 1 Liberty Place, Philadelphia,
`PA, 19103.
`Counsel will now introduce themselves.
`MS. REINCKENS: Melissa Reinckens on
`
`behalf of the plaintiff, Destination
`Maternity Corporation.
`Also with me is general counsel from
`Destination Maternity, Kristen Han.
`MR. ENNIS: Matthew Ennis with Faegre
`Baker Daniels on behalf of Target.
`And with me is my colleague, Trevor
`Carter, also of Faegre Baker Daniels on
`behalf of Target.
`
`REBECCA PICCONE,havingbeenduly
`sworn, testified as follows:
`EXAIVIINATION
`BY MR. ENNIS:
`
`Good morning, Ms. Piccone.
`Good morning.
`Have you ever been deposed before?
`Yes.
`
`Okay. What was the subject matter
`of -- excuse me -- strike the question.
`When were you last deposed?
`2004.
`
`A.
`
`Q. What was the subject matter of that
`deposition?
`A. The illegal collection of vendor
`allowances.
`
`Q. And were you working for Destination
`Maternity at that time?
`No.
`
`Who were you working for?
`Saks Fifth Avenue.
`
`Okay. Have you ever been deposed
`besides the time in 2004?
`A. Yes.
`
`(Pages 2
`
`to 5)
`
`TSG Reporting — Worldwide
`
`877—702—9580
`
`Target Corporation Exhibit 1156
`
`Target v. DMC
`
`|PR2013-OO530, 531, 532, 533
`
`

`

`Page 6%
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`Page 7*
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`Q. Okay. When was the other time?
`A.
`1993.
`
`Q. Great. And then, is there anything
`that would prevent you from giving complete and
`accurate testimony today?
`A. No.
`
`Q. Okay. And if you ever need a break,
`just please let me know. We can take a brief
`break. The only caveat to that is I‘d ask that
`please don‘t take a break while we are in the
`middle of a pending question.
`Is that okay?
`A. Yes.
`
`Q. Okay. And the same goes for lunch.
`If you need a lunch break at any time, definitely
`let us know, and we can work with that.
`
`Is that all right?
`A. Yes.
`
`Q. Okay. And then, ifI ask you a
`question and you don‘t understand it, please let
`me know and I‘ll rephrase it so that way you can
`give an answer to that -- to a question that you
`would understand.
`
`Is that okay?
`A. Yes.
`
`Q. All right. And if you don‘t do that,
`
`Q. Okay. What was the subject matter of
`that deposition?
`A.
`Sexual misconduct at a swimming pool.
`That‘s unfortunate.
`
`QA
`
`.
`
`Yes, it was.
`
`Q.
`A
`
`Any other times besides those two?
`No.
`
`Q. Okay. Great. So you‘re somewhat
`familiar with how a deposition works? I‘ll ask
`questions, you‘ll answer them?
`A. Yes.
`
`Q. Okay. And I‘ll just run through some
`of the other basics just so that way you
`understand and we can kind of have a relationship
`with how we work through things.
`You know, I‘ll ask the questions.
`You‘ll answer them. From time to time, your
`counsel may object. Unless your counsel instructs
`you not to answer, I‘d ask that you answer the
`question to the best of your ability.
`Is that okay with you?
`A. Yes.
`
`
`
`Page 8
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`Page 9
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`0040101.;me
`
`mfiwNi—‘OkomdofimfiwNi—‘OKO
`
`MNNNNNHi—‘i—‘i—‘i—‘i—‘i—‘i—‘i—‘H
`
`I‘ll presume that you understand the question.
`Is that okay?
`A. Yes.
`
`Q. Okay. You understand today that you
`are here to testify on behalf of Destination
`Maternity?
`A. Yes.
`
`Q. And also in your individual capacity,
`correct?
`A. Yes.
`
`(Exhibit 100, deposition notice, was
`marked for identification at this time.)
`
`Q. Okay. The court reporter has put in
`front of you Exhibits 100 and 41. If we could
`start with Exhibit 100.
`
`Just let me know you have that in
`front of you.
`Okay.
`Have you seen Exhibit 100 before?
`Yes.
`
`Okay. And you understand that Exhibit
`100 is the 30(b)(l) notice for you to testify in
`your personal capacity today?
`A. Yes.
`
`Q. Great.
`
`Now, if you can take a look at
`Exhibit 41.
`
`And Exhibit 41 is Target‘s 30(b)(6)
`notice to Destination Maternity.
`Is that correct?
`A. Yes.
`
`Q. Thank you.
`MR. ENNIS: Counsel, perhaps we can
`short circuit this a little bit. We have an
`
`understanding of what topics Ms. Piccone
`will be testifying about today. I just
`wanted to go ahead and confirm that with
`you --
`VIS. REINCKENS: Sure.
`VIR. ENNIS:
`-- and we can move on.
`
`Let me know when you‘re ready.
`VIS. REINCKENS: Yeah, I‘m ready.
`VIR. ENNIS: Okay. Topic 9 in whole',
`17 in part.
`VIS. REINCKENS: Okay.
`stop you right there.
`With respect to 17 --
`VIR. ENNIS: Okay.
`VIS. REINCKENS:
`
`-- Destination
`
`I‘m going to
`
`TSG Reporting — Worldwide
`
`877—702—9580
`
`3
`
`(Pages 6 to 9)
`
`Target Corporation Exhibit 1156
`
`Target v. DMC
`
`|PR2013-OO530, 531, 532, 533
`
`

`

`Page 10%
`HIGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCON
`
`Page 11*
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`Maternity has provided complete testimony on
`this, and in light of Target‘s contentions
`concerning the waiver of attomey-client
`privilege, Ms. Piccone is not going to be
`testifying today to this topic.
`MR. ENNIS: Okay. We -- we‘ll
`obviously reserve our rights with respect to
`that topic. We can take that up later.
`Twenty-nine in whole?
`MS. REINCKENS: Yes.
`
`MR. ENNIS: Thirty-two in part?
`MS. REINCKENS: Yes.
`
`MR. ENNIS: Thirty-three in part?
`MS. REINCKENS: Yes.
`
`MR. ENNIS: Thirty-six?
`MS. REINCKENS: Yes.
`
`MR. ENNIS: Forty-three?
`MS. REINCKENS: And all of these are,
`
`of course, subject to the objections we‘ve
`already lodged and discussed with counsel,
`but --
`MR. ENNIS: Of course.
`
`-- you said 43?
`MS. REINCKENS:
`MR. ENNIS: Correct.
`
`MS. REINCKENS: No, I don‘t have 43.
`IVIR. ENNIS: Okay.
`We confirmed these topics in the
`deposition of Ms. Hendrickson with Tamar, so
`our understanding is off the record. But,
`you know, we can circle back later in the
`day if you‘d like, but --
`VIS. REINCKENS: Yeah, I have 43 as
`
`dropped and --
`VlR. ENNIS: Okay.
`-- not agreed. We do
`VIS. REINCKENS:
`not agree that we‘d provide a witness for
`that topic --
`VlR. ENNIS: Okay.
`VIS. REINCKENS:
`
`-- so we can revisit
`
`that, but --
`VlR. ENNIS: Let‘s revisit that.
`
`VIS. REINCKENS:
`
`-- as of now, she‘s
`
`not going to be testifying as to that topic.
`VlR. ENNIS: All right. Yeah, I mean,
`we have a -- yeah, we have correspondence
`from Ms. Duvdevani on October 3rd that
`
`states that you‘ll be providing a witness
`and that witness would be Ms. Piccone. You
`
`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCON :3
`can confirm that with Tamar --
`
`Page 12
`
`Page 13
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`Yeah, that‘s in the same e-mail, so I
`
`MS. REINCKENS: Okay. Well, as of
`now, she‘s not going to be testifying as to
`that, but we can discuss that off the
`record.
`VIR. ENNIS: Wonderful.
`VIS. REINCKENS:
`I‘ll review the
`
`correspondence.
`VIR. ENNIS: Great.
`
`Forty-four in part?
`VIS. REINCKENS: Correct.
`
`VIR. ENNIS: Forty-seven in whole?
`VIS. REINCKENS: Correct.
`
`VIR. ENNIS: Forty-eight in whole?
`VIS. REINCKENS: Correct.
`
`VIR. ENNIS: Forty-nine in part?
`VIS. REINCKENS: Correct.
`
`guess we will discuss that.
`MS. REINCKENS: Okay. Yeah, we‘ll --
`we‘ll take a look -- I mean, looking at that
`topic, it looks -- it‘s quite similar to the
`other topics, so it might have been an
`omission on my part --
`VlR. ENNIS: Okay. We‘ll --
`VIS. REINCKENS:
`-- but I just want to
`confirm.
`VlR. ENNIS: We can confirm after the
`break. That‘s fine.
`
`Sixty-six in whole?
`VIS. REINCKENS: Correct.
`
`VlR. ENNIS: Sixty-nine in part?
`VIS. REINCKENS: Correct.
`
`VIR. ENNIS: Seventy-one in part?
`VIS. REINCKENS: Correct.
`
`VlR. ENNIS: Seventy-two -- excuse
`me -- in part?
`VIS. REINCKENS: Correct.
`
`VlR. ENNIS: Great. Okay.
`VIS. REINCKENS: So the ones that we
`
`are revisiting are topic 60 and topic --
`
`
`
` 4
`
`
`
`VIR. ENNIS: Fifty-eight in whole --
`50 -- sorry, and then 59 to 64 in whole?
`VIS. REINCKENS:
`I have 58 and 59 for
`
`Ms. Piccone. And then 61 through 64, not
`inconclusive of topic 60.
`VIR. ENNIS: We‘ll have to get back to
`you on that one.
`
`(Pages 10
`
`to 13)
`
`TSG Reporting — Worldwide
`
`877—702—9580
`
`Target Corporation Exhibit 1156
`
`Target v. DMC
`
`|PR2013-OO530
`
`, 531, 532, 533
`
`

`

`Page 14%
`HIGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCON
`
`Page 15*
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`MR. ENNIS: Thirty -- no, forty-three.
`MS. REINCKENS: Okay. Thanks.
`MR. ENNIS: And then we obviously
`have -- we‘re reserving our rights with
`respect to 17.
`And, also, while we‘re here, on --
`
`during the earlier depositions on Tuesday
`and Wednesday, we learned that Destination
`Maternity has what‘s called a POM database
`that‘s not been -- excuse me, been made
`available for inspection by Target, and from
`testimony from Ms. Hendrickson, we
`understand that contains part life cycle,
`design documents. So we will obviously be
`keeping this deposition open subject to our
`review of that database.
`
`MS. REINCKENS: We, of course, object
`to your request to keep this deposition
`open, but we‘ll discuss it at a later point
`in time.
`MR. ENNIS: Understood.
`
`The court reporter could mark
`Exhibit 101.
`
`MS. REINCKENS:
`
`I‘d also wouldjust
`
`like to note that we‘re marking this entire
`transcript attorneys‘ eyes only, highly
`confidential.
`
`And then also, looking at this
`document, I see that it should actually also
`be marked highly confidential, attorneys‘
`eyes only, and we‘ll provide a corrected
`version of this document.
`MR. ENNIS: And then we also had an
`
`understanding during the first two days of
`the week that DMC documents produced by DMC
`would be stipulated as authentic. I wanted
`to see if that would continue through this
`deposition.
`MS. REINCKENS:
`
`I‘ll -- I‘ll consider
`
`it on a document-by-document basis.
`MR. ENNIS: Okay. So I guess during
`a -- during a break we can discuss whatever
`exhibits are done or clean it up at the end.
`MS. REINCKENS: Yeah, I mean, we have
`
`the -- an agreement to, I think, talk
`amongst ourselves about that --
`MR. ENNIS: Yep.
`MS. REINCKENS:
`
`- so it
`
`I mean,
`
`Page 16
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`Page 17
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`I‘m not going to agree that every document
`that you show the witness is authentic, but
`if you want to ask me as you go through each
`document or we can consider it at a later
`time.
`
`VIR. ENNIS: But it -- to be clear, it
`
`was for documents produced by DMC.
`VIS. REINCKENS: That‘s fine.
`
`VIR. ENNIS: So -- okay. Ijust wanted
`to make sure --
`
`VIS. REINCKENS: My --
`VIR. ENNIS:
`-- whether there‘s
`
`hingI should --
`VIS. REINCKENS: Yeah, my statement
`still stands.
`
`
`
`Exhibit 101, can you relate to me your education
`history starting with post high school?
`A. Yes.
`
`I‘d like you to please do so.
`Q.
`I went to Mount Holyoke College.
`A.
`Graduated in 1996.
`
`Q. What was the degree that you got from
`Mount Holyoke College?
`A. A bachelor of arts in psychology and
`economics.
`
`Q. Was that a double major orjust a
`psychology and economics together?
`A.
`It was -- psychology was the major.
`Economics was the minor.
`
`Q. Okay.
`Okay. And then what did you do after
`you graduated education wise from Mount Holyoke?
`A.
`I starred in the executive training
`program at Bloomingdale‘s.
`Q. Okay.
`Okay. Any certifications or
`certificates you have beyond your BA?
`A. No.
`
`Q. Okay. And when did you start at
`
` 5
`
`VIR. ENNIS: Okay. Wonderful.
`BY IVIR. ENNIS:
`
`Q. All right. So, Ms. Piccone, you have
`Exhibit 1 -- okay.
`(Exhibit 101, Mothers Work company
`profile, was marked for identification at
`this time.)
`BY MR. ENNIS:
`
`Q. Ms. Piccone, before we jump into
`
`(Pages 14 to 17)
`
`TSG Reporting — Worldwide
`
`877—702—9580
`
`Target Corporation Exhibit 1156
`
`Target v. DMC
`
`|PR2013-OO530, 531, 532, 533
`
`

`

`Page 18%
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`Page 19*
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`in 19 -- in July ‘97 you had a new position?
`A. Yes.
`
`Q. Okay. And what company was that
`position with?
`A. Bloomingdale‘s.
`Q. Okay. And then what was the new
`position?
`A. Associate buyer.
`Q. Okay. That would be a promotion,
`correct?
`A. Yes.
`
`Q. Okay. What additional
`responsibilities would an associate buyer have as
`compared to an assistant buyer?
`A.
`I was given my own area of
`responsibility, which was special size dresses,
`and I reported directly to the divisional
`merchandise manager.
`Q. What -- what type of dresses would
`be -- strike the question.
`Would special sizes -- strike that
`question, too.
`When you say, “special size,“ what do
`you mean by that?
`
`Page 21
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`outerwear.
`
`Q. All right. Just so I understand,
`outerwear would be jackets, coats, things like
`that?
`A.
`
`Just coats.
`
`Q.
`
`Just coats. Understood.
`Anything additional compared to the
`associate buyer?
`A.
`I get a direct report at that time
`and, you know, it was a larger area of
`responsibility in terms of the sales and margin
`dollars for the company.
`Q. You‘re also still at Bloomingdale‘s?
`A. Yes.
`
`Q. Okay. How long -- strike the
`question.
`What was the level of your direct
`report when you were the buyer?
`A. Assistant buyer.
`Q. Okay. So you were mentoring at that
`point --
`A. Yes.
`
`Q.
`
`-- as you mentioned?
`How long were you the buyer of ladies‘
`
`(Pages 18 to 21)
`
`TSG Reporting — Worldwide
`
`877—702—9580
`
`Target Corporation Exhibit 1156
`
`Target v. DMC
`
`|PR2013-OO530, 531, 532, 533
`
`Bloomingdale‘s?
`A.
`July of 1996.
`Q. And then you said it was in the
`executive training program?
`A. Yes.
`
`Q. Okay. And what were your
`responsibilities at that time at Bloomingdale‘s in
`the executive training program?
`A.
`Started off as an assistant buyer.
`Q. And then how long were you an
`assistant buyer?
`A. Let‘s see, one year.
`Q. What are the responsibilities of an
`assistant buyer at Bloomingdale‘s at that time?
`A.
`Spending at least three days a week in
`the 59th Street store, interacting with customers,
`tracking purchase orders, a lot of data entry, and
`shadowing the buyer who would be my boss to start
`to learn the tools of the trade.
`
`Q. And then you mentioned the 59th Street
`store.
`
`What city was that in?
`A. Manhattan, New York.
`
`Q. Okay. And then
`
`so I guess, what,
`
`Page 20
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
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`mfiwNi—‘Okomdofimiwai—‘OKO
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`MNNNNNHi—‘i—‘i—‘i—‘i—‘i—‘i—‘i—‘H
`
`A. Large sizes.
`Q.
`So an example of that would be 1X,
`2X --
`A. Correct.
`
`Q.
`
`-- type dresses?
`Would that include maternity?
`A. No.
`
`Q. Anything besides 1X, 2X, that type of
`dress?
`
`It was also Alpha sized.
`A.
`Q. Okay. So --
`A.
`I‘m sorry, numeric sizes. Alpha is
`the 1X, 2X.
`
`Q. Right. Okay. Understood.
`And then, how long were you the
`associate buyer and responsible for the special
`size dresses?
`
`One year.
`Okay. So around July ‘98?
`Yes.
`
`Okay. And then, what was your new job
`in July of ‘98?
`A.
`Still at Bloomingdale‘s. Iwas
`promoted to the buyer of ladies‘ designer
`
` 6
`
`

`

`Page 22%
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
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`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`It was actually a little less than two
`A.
`years. It was around April of 2004.
`Q. Okay. What was your new job in
`April 2004?
`A.
`I moved back to New York City, and I
`was a senior buyer at Saks Fifth Avenue.
`Q. And is Saks -- pardon my ignorance,
`but Saks is a higher-end store than Express,
`correct?
`
`A. Repeat the question?
`Q.
`Saks is a higher-end store than
`Express. Is that correct?
`MS. REINCKENS: Objection. Form.
`You may answer.
`Q. Can you answer question?
`A. Yes.
`
`Q. And what were your responsibilities as
`a senior buyer at Saks?
`A.
`I was responsible for the entire
`petite department.
`Q.
`So it would be all aspects of petite?
`Correct.
`
`. Would that include maternity petite?
`A No. Saks did not carry maternity.
`
`designer outerwear?
`A. Until July of 2002.
`Q. Okay. And then what was your new
`position in July ‘02?
`A.
`I moved to Columbus, Ohio and became a
`
`senior buyer for Express, which is a subsidiary of
`Limited Brands.
`
`So that would have been also, so to
`Q.
`spoke, a promotion?
`A. Yes.
`
`Q. What -- when you were a senior buyer
`at Express, what type of clothing were you
`responsible for?
`A. Outerwear, jackets and dresses.
`Q. Would this all have been women‘s or
`would that included men‘s?
`A. Women‘s.
`
`Q. Okay. And how long were you the
`senior buyer at Express?
`A. Two years.
`Q. Okay. So around July 2004 you would
`have left?
`A. Yes.
`
`Q. Okay.
`
`Page 24
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`0040101.;me
`
`m»J>wi\)>—‘Oxom\lofimu>wi\)i—‘OKO
`
`MNNNNNHi—‘i—‘i—‘i—‘i—‘i—‘i—‘i—‘i—i
`
`None of the companies I worked for
`carried maternity.
`Q. Thank you.
`And how long were you the senior buyer
`at Saks?
`
`A year.
`Okay. So around April ‘05?
`It was until June of‘05.
`
`Okay. During that whole time, you
`were the senior buyer for petites?
`A. Yes.
`
`Q. Okay. Then where did you go in June
`of ‘05?
`
`In August of ‘05, Ijoined New York &
`A.
`Company.
`Q. New York & Company?
`A. Yes.
`
`Q. What was your position with that
`company?
`A. For the first year, I was a senior
`buyer.
`Q. Of what type of product?
`A. Woven collections.
`
`Q. Would that be for both genders?
`
` 7
`
`A Q
`
`Page 25
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`No.
`
`Okay. Which gender?
`Women.
`
`All right. And then what about after
`your first year?
`A.
`I was then promoted to divisional
`merchandise manager.
`Q. Okay. Same company, obviously?
`A.
`Same company. Additional
`responsibility was added. It was dresses,
`intimate apparel, and outerwear.
`Q.
`Just so I understand, what‘s the
`difference between a woven collection and a dress,
`
`for example? Some dresses may be woven, I‘m just
`trying to understand the distinction.
`A. Yes. Woven collections are wear to
`
`work. It is clothing you would wear to work, and
`it is strictly bottoms, suit jackets, and what is
`considered a woven wear to work shirt.
`
`Is there an abbreviation for
`Q. Okay.
`wear to work that is used in the fashion industry?
`A.
`I can‘t speak for the entire fashion
`industry.
`I can only speak for how I abbreviate
`it, andI do abbreviate it sometimes.
`
`(Pages
`
`22 to 25)
`
`TSG Reporting — Worldwide
`
`877—702—9580
`
`Target Corporation Exhibit 1156
`
`Target v. DMC
`
`|PR2013-OO530, 531, 532, 533
`
`

`

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`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`Q. Okay. What would that abbreviation be
`that you would use in your work?
`A. WTW.
`
`Q. Great. So moving on, you were the
`division manager at New York & Co. around
`August ‘06?
`A. Yes.
`
`Q. Okay. And how long did you have that
`position?
`A. Two years. And I was added --
`additional responsibility was added in that two
`years, knits, wear to work knit tops.
`Q. Anything else?
`A. No.
`
`Q. Okay. Great.
`Excuse me. So then, August ‘08 you
`were offered a position?
`A.
`In august ‘08, I was still there --
`Q. Okay.
`A.
`-- and I was promoted to vice
`president, general merchandise manager of the
`casual division.
`
`Q. Would that be for women‘s still?
`A. Yes.
`
`Q. Okay. Would wear to work or woven
`collections fall within casual or not?
`A. No.
`
`Q. What type of clothing would be
`included in the casual division?
`
`A. Denim, knits that are casual, tee
`shirts, tank tops, I mean, casual tees. There‘s
`casual woven tops, so things that are washed and
`processed. Active. So yoga, work-out clothes
`with wicking on them, and then non-denim casual
`pants, chinos, twills, things that are washed and
`processed.
`Q. Understood. Any maternity at that
`point?
`A. No.
`
`Q. Okay. And then New York & Co. didn‘t
`do any maternity, correct?
`A. No.
`
`Q. And then how long were you VP of
`general merchandising at New York & Co.?
`A. Until September of 2011.
`Q. Okay. Any change in responsibility
`from August ‘08 to September 2011 as the VP of
`general merchandising?
`
`time.
`
`Page 28
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`A. No.
`
`Page 29
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`DMC?
`
`Q. Okay. What was your new position on
`September 20 1 1?
`A.
`I joined Destination Maternity --
`Q. Okay.
`A.
`-- as the vice president of
`Motherhood.
`
`Is that the position you hold today?
`Q.
`A. Yes.
`
`Q. What are your -- are your
`responsibilities as VP of Motherhood?
`A.
`I am responsible for the design team
`as well as the merchant team. Ultimately, I am in
`charge of driving a profit for the company.
`Q.
`So Motherhood is one of Destination
`Matemity‘s brands?
`A. Yes.
`
`Q. And then you would be, so to speak,
`responsible for that brand?
`A. Yes.
`
`Q. Okay.
`Okay. If you could look at
`Exhibit 101. Is this a type of document that
`you‘ve seen before in your work at Mothers Work or
`
`I‘d just like to
`MS. REINCKENS:
`object and give the witness some time to
`take a look at the document.
`BY MR. ENNIS:
`
`Q. Take as much time as you need.
`MR. ENNIS: And, also, while we‘re
`waiting on the witness here, there may be
`some other documents of this nature, so I
`
`guess we will treat them as highly
`confidential, attorneys‘ eyes only if we see
`anything that is similar to this?
`MS. REINCKENS: Sure. You know, I‘m
`
`not sure where this came from, so I just
`need to take a look at it. But I want to
`
`make sure that we reserve the right right
`now.
`
`MR. ENNIS: No, absolutely, I
`understand.
`I just want to let you know
`there are some others, so --
`MS. REINCKENS: Understood.
`
`MR. ENNIS:
`
`-- just when you get the
`
`0040101.;me
`
`mfiwNi—‘Okomdofimiwai—‘OKO
`
`MNNNNNHi—‘i—‘i—‘i—‘i—‘i—‘i—‘i—‘i—i
`
`TSG Reporting — Worldwide
`
`877—702—9580
`
`8
`
`(Pages 26 to 29)
`
`Target Corporation Exhibit 1156
`
`Target v. DMC
`
`|PR2013-OO530, 531, 532, 533
`
`

`

`Page 30%
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`BY MR. ENNIS:
`
`Page 31*
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`been here.
`
`Q. And documents like this would be an
`example of that?
`A. Yes.
`
`Q. All right. If you could turn to
`page 22, and let me know when you‘re there.
`A.
`I‘m there.
`
`Q. Thank you.
`What do the bubbles in the chart on
`
`the right-hand side of the page represent?
`MS. REINCKENS: Objection to form.
`I don‘t know.
`I didn‘t create this
`A.
`document.
`
`Q. Do you have an understanding as to
`what those bubbles represent?
`A. Are you asking me that in a personal
`capacity?
`Q. We can back up for a second.
`When I‘m asking you questions and you
`provide answers, I‘m assuming that your answer
`will be both in your capacity as DMC‘s corporate
`representative and under your personal
`understanding.
`If that ever differs, just please let
`
`Page 33
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`Do you see that?
`A. Yes.
`
`Q. Does DMC have any understanding of
`what those bubbles and names in those bubbles
`mean?
`
`Yes.
`
`What is that understanding?
`These are people who are in our market
`
`Q A
`
`Q A
`
`And what market space is that?
`. Maternity.
`Maternity market as a whole?
`Yes.
`
`Q. All right. Ms. Piccone, have you had
`time to review the document?
`A. Yes.
`
`Q. Okay. Have you seen this document
`before?
`A. No.
`
`Q. Okay. Have you seen a document
`similar to this in any way?
`A. Yes.
`
`Q. All right. When was the last time you
`saw a document like that?
`A.
`I have seen -- I saw a similar
`
`document to this yesterday.
`Q. That was during preparation for your
`deposition today?
`A. Yes.
`
`MS. REINCKENS: Objection to form.
`Q. Did that document refresh your -- your
`recollection in any way?
`A. Yes.
`
`Q. How did it do that?
`A.
`I‘ve seen iterations of company
`strategies at key points in the two years I‘ve
`
`Page 32
`
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE 5
`me know that you‘re either answering just for DMC
`or just for yourself.
`Can you do that?
`I‘m going to object to
`MS. REINCKENS:
`that direction and ask that you provide
`guidance to the witness as to when you‘re
`asking in her corporate capacity or as a
`personal representative.
`MR. ENNIS: All of my questions are
`corporate questions. So she can tell me
`when, you know, she doesn‘t have corporate
`knowledge, might have personal knowledge.
`Is that fair?
`
`I‘m just going to
`
`MS. REINCKENS:
`object on the record.
`MR. ENNIS: Fair enough.
`BY IVIR. ENNIS:
`
`Q. Looking at page 22 of Exhibit 101, you
`see the table on the right-hand side of the page,
`correct?
`A. Yes.
`
`Q. Okay. And you see that there are some
`circles, bubbles, and they will contain words,
`such as “Old Navy,“ “Mimi,“ and “Independen.”
`
`0040101.;me
`
`mfiwNi—‘Okomdofimiwai—‘OKO
`
`MNNNNNHHi—‘i—‘i—‘i—‘i—‘i—‘i—‘H
`
` 9
`
`Q. What meaning, if any, is there to the
`size of the bubbles on page 22 of Exhibit 101?
`MS. REINCKENS: Objection to form.
`Q. You can answer the question.
`A.
`I don‘t know.
`I didn‘t create this
`document.
`
`Q. Does DMC have any understanding
`regarding the size of the bubbles on page 22 of
`Exhibit 101?
`A.
`I don‘t know.
`
`Q.
`
`So DMC has no testimony regarding the
`
`(Pages 30 to 33)
`
`TSG Reporting
`
`— Worldwide
`
`877—702—9580
`
`Target Corporation Exhibit 1156
`
`Target v. DMC
`
`|PR2013-OO530, 531, 532, 533
`
`

`

`Page 34%
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`Page 35*
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`size of the bubbles on page 22 of Exhibit 101. Is
`that correct?
`
`pointing to the right on that same chart?
`A. Yes.
`
`MS. REINCKENS: Objection to form.
`Q. You can answer the question.
`A. What is in front of me is a document
`
`I
`from 2007. I was not an employee until 2011.
`am not comfortable speaking to what bubble sizes
`mean prior to my start date.
`Q. Then who is the person best able to
`answer questions about bubble sizes in documents,
`such as Exhibit 101, prior to your start date in
`2011 at DMC?
`
`Possibly Lisa Hendrickson.
`Anyone else?
`Not that I can recall.
`
`All right. Does DMC -- excuse me.
`Strike the question.
`Does DMC have any understanding of the
`location of the bubbles on page 22 -- strike the
`question again.
`Do you see a price up arrow in the
`table on page 22 ofExhibit 101?
`A. A price up -- yes.
`Q. And then you see a fashion arrow
`
`Q. What is DMC‘s understanding of --
`well, strike the question.
`So if I understand this document
`
`correctly, price increases as you go vertical, is
`that correct, on the table?
`A. Yes.
`
`Q. And then fashion would increase as you
`go right on the table. Is that correct?
`A. Yes.
`
`MS. REINCKENS: Objection to form.
`So do you see the Pea in the Pod in
`Q.
`the upper right-hand corner?
`A. Yes.
`
`So looking at that table, Pea in the
`Q.
`Pod is high on the price and high on the fashion.
`Is that correct?
`A. Yes.
`
`Q. And it is higher on price and higher
`on fashion than Mimi Maternity, for example, which
`is the Mimi bubble, right?
`A. Yes.
`
`Q. Okay. So if you look at the Pea in
`
`
`
`Page 36
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`Page 37
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`0040101.;me
`
`UI>J>wi\)i—‘Okoco\lo‘xmu>wi\)i—‘OKO
`
`MNNNNNHi—‘i—‘i—‘i—‘i—‘i—‘i—‘i—‘i—i
`
`the Pod bubble, would all Pea in the Pod products
`be covered inside that bubble on this table for
`
`price and fashion?
`A. Restate the question?
`Q. Okay. So you see the -- the various
`bubbles on the table on page 22, correct?
`A. Yes.
`
`Q. They‘re on different locations on a
`price-by-fashion table.
`Is that your understanding as well?
`I understand that.
`
`Is that DMC‘s understanding?
`
`Okay.
`Yes.
`
`Q. Okay. And you understand that Pea in
`the Pod is higher on price and higher on fashion
`than, for example, Mimi Maternity on this table.
`Is that correct?
`A. Yes.
`
`Q. And looking at the Pea in the Pod area
`on that chart, all Pea in the Pod products covered
`within that area of price by fashion?
`MS. REINCKENS: Objection to form.
`Q. You can answer.
`A. You know, again, I was not here at the
`
`I do not know
`time this document was published.
`what Mimi Maternity had and if Mimi Maternity
`carried some products that may have been Pea in
`the Pod. So I‘m not comfortable answering that
`question.
`Q. Okay. If you could look at Exhibit 41
`again?
`A. Yes.
`
`So ifyou look at topics 58 through 64
`Q.
`on page 17?
`A. Topic --
`Q. Topics 58 through 64.
`Do you see those?
`A. Yes.
`
`Q. What did you do to prepare to give
`testimony on behalf of DMC regarding those topics
`from 2007 to 2011?
`
`MS. REINCKENS: Yeah, I‘m going to
`object here and -- and caution the witness
`not to answer to the extent it would
`
`result -- you know, to the extent it would
`be a disclosure of attomey-client
`privileged information.
`Counsel, if you‘re asking about this
`
`TSG Reporting Worldwide
`
`877—702—9580
`
`10
`
`(Pages
`
`34 to 37)
`
`Target Corporation Exhibit 1156
`
`Target v. DMC
`
`|PR2013—OO530, 531, 532, 533
`
`

`

`Page 38%
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`Page 39*
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`
`Q. And did you speak with anyone at DMC
`in preparation for your deposition today?
`A. Yes.
`
`Who did you speak with?
`My attorney.
`Any employee of DNC -- DMC?
`No.
`
`Q A
`
`.
`
`Q.
`A
`
`Q. And did you speak with anybody that
`was at DMC from 2007 to 2011?
`A. Yes.
`
`Q. Who was that -- well, strike the
`
`question.
`In preparation for your deposition,
`did you speak with anybody who was at DMC from
`2007 to 2011?
`A. Yes.
`
`Who was that person?
`I met with Steve Kahn.
`
`Anyone else?
`No.
`Who is Steve Kahn?
`The head of e-commerce.
`
`Q. And how long has he been at
`Destination Maternity based on DMC‘s
`
`Page 41
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`MS. REINCKENS:
`-- but -- I do realize
`
`that there are two counsel -- counsel, you
`know, here taking deposition. So, I mean,
`you know, the rules here, Trevor. If Matt
`has an objection and wants to state
`something on the record, he‘s welcome to do
`so.
`
`ButI would just like to take a break
`for a moment.
`I think the witness is
`
`confused and I would just like to have a
`conversation.
`
`MR. ENNIS: Sure. Let‘s go off the
`record.
`
`MS. REINCKENS: Okay.
`VIDEOGRAPHER: We are now going off
`the record. The time is 9:51.
`
`(Recess)
`VIDEOGRAPHER: Back on, 10:06.
`
`I just wanted
`MS. REINCKENS: Okay.
`to start by saying that I confirmed with my
`cocounsel that Ms. Piccone is going to be
`speaking to topics 43 and 60 subject to the
`objection and overbreadth of -- the
`overbreadth objections we‘ve already
`
`
`
`document, the document speaks for itself.
`You‘ve asked about bubble size and location
`of bubbles.
`
`If you‘re trying to get at what the
`document actually talks about, why don‘t you
`ask questions about what the document talks
`about.
`BY MR. ENNIS:
`
`Q. Can you answer the question?
`A. Repeat the question.
`Q. What did you do to prepare to give
`testimony on behalf of DMC regarding topics 58
`through 64 from 2007 to 2011?
`A.
`I was instructed not to answer that.
`
`So that you‘re unable to provide any
`Q.
`answer that is not subject to attomey-client
`privilege. Is that correct?
`You can answer the question.
`A. Repeat the question.
`Q.
`So you‘re unable to provide any
`testimony in response to that question that is not
`subject to attorney-client privilege. Is that
`correct?
`A. Correct.
`
`Page 40
`IHGHLY CONFIDENTIAL - ATTORNEYS‘ EYES ONLY - R. PICCONE
`
`understanding?
`A.
`I do not know.
`
`Q But he was there before you were?
`A Yes.
`
`Q. Okay. Do you know when he started?
`A No.
`
`MS. REINCKENS: You know, Counsel, if
`we could actually just take a break here for
`a moment?
`
`I thinkI have some -- you know,
`confusion about kind of the scope and my
`objection on attorney-client privilege.
`I
`just want to take a break for a moment.
`MR. CARTER: Yeah, I‘ll just note for
`the record -- I‘m not takin