4088
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
`
`
`WESTERNGECO LLC, . 4:09-CV-01827
` . HOUSTON, TEXAS
`PLAINTIFF, .
` .
` vs. .
` .
`ION GEOPHYSICAL .
`CORPORATION, FUGRO GEOTEAM, .
`INC., ET AL, .
` . VOLUME 13
`DEFENDANTS . AUGUST 9, 2012
`. . . . . . . . . . . . . . . 7:34 A.M.
`
`
`TRANSCRIPT OF JURY TRIAL
`BEFORE THE HONORABLE KEITH P. ELLISON
`UNITED STATES DISTRICT JUDGE
`
` A
`
`
`
`
`
` P P E A R A N C E S:
`
`FOR THE PLAINTIFF:
`
`Lee K. Kaplan
`SMYSER KAPLAN & VESELKA LLP
`Bank of America Center
`700 Louisiana, Suite 2300
`Houston, Texas 77002
`Gregg F. LoCascio
`KIRKLAND & ELLIS LLP
`655 Fifteenth Street Northwest
`Washington, DC 20005
`Sarah Tsou
`Timothy K. Gilman
`KIRKLAND & ELLIS LLP
`Citigroup Center
`153 East 53rd Street
`New York, New York 10022
`
`
`
`Mayra Malone, CSR, RMR, CRR
`mayramalone@comcast.net
`
`07:20
`
`07:33
`
`07:33
`
`07:33
`
`07:33
`
`07:33
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`PGS v WESTERNGECO (IPR2014-00689)
`WESTERNGECO Exhibit 2139, pg. 1
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
`
`
`WESTERNGECO LLC, . 4:09-CV-01827
` . HOUSTON, TEXAS
`PLAINTIFF, .
` .
` vs. .
` .
`ION GEOPHYSICAL .
`CORPORATION, FUGRO GEOTEAM, .
`INC., ET AL, .
` . VOLUME 13
`DEFENDANTS . AUGUST 9, 2012
`. . . . . . . . . . . . . . . 7:34 A.M.
`
`
`TRANSCRIPT OF JURY TRIAL
`BEFORE THE HONORABLE KEITH P. ELLISON
`UNITED STATES DISTRICT JUDGE
`
` A
`
`
`
`
`
` P P E A R A N C E S:
`
`FOR THE PLAINTIFF:
`
`Lee K. Kaplan
`SMYSER KAPLAN & VESELKA LLP
`Bank of America Center
`700 Louisiana, Suite 2300
`Houston, Texas 77002
`Gregg F. LoCascio
`KIRKLAND & ELLIS LLP
`655 Fifteenth Street Northwest
`Washington, DC 20005
`Sarah Tsou
`Timothy K. Gilman
`KIRKLAND & ELLIS LLP
`Citigroup Center
`153 East 53rd Street
`New York, New York 10022
`
`
`
`Mayra Malone, CSR, RMR, CRR
`mayramalone@comcast.net
`
`07:20
`
`07:33
`
`07:33
`
`07:33
`
`07:33
`
`07:33
`
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`
`PGS v WESTERNGECO (IPR2014-00689)
`WESTERNGECO Exhibit 2139, pg. 1
`
`
`
` 4089
`
`APPEARANCES - CONTINUED
`
`
`FOR THE DEFENDANT:
`
`David L. Burgert
`Susan Kopecky Hellinger
`Jonathan M. Pierce
`Jonna N. Stallings
`Ray T. Torgerson
`Eric D. Wade
`PORTER & HEDGES LLP
`Reliant Energy Plaza
`1000 Main Street, 36th Floor
`Houston, Texas 77002
`
`
`FOR FUGRO GEOTEAM, INC.:
`
`Gordon T. Arnold
`Jason A. Saunders
`ARNOLD KNOBLOCH LLP
`4900 Woodway Drive
`Suite 900
`Houston, Texas 77056
`James M. Thompson
`Christine Raborn
`Michael E. Streich
`ROYSTON RAYZOR VICKERY & WILLIAMS LLP
`Pennzoil Place
`711 Louisiana Street, Suite 500
`Houston, Texas 77002
`
`
`
`
`
`
`
`Mayra Malone, CSR, RMR, CRR
`mayramalone@comcast.net
`
`07:33
`
`07:33
`
`07:33
`
`07:33
`
`07:33
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`PGS v WESTERNGECO (IPR2014-00689)
`WESTERNGECO Exhibit 2139, pg. 2
`
`
`
` 4090
`
`APPEARANCES - CONTINUED
`
`
`
`OFFICIAL COURT REPORTER:
` Mayra Malone, CSR, RMR, CRR
` U.S. Courthouse
` 515 Rusk, Room 8016
`Houston, Texas 77002
`
`Proceedings recorded by mechanical stenography. Transcript
`produced by computer-aided transcription.
`- - - - -
`
`
`
`
`
`Mayra Malone, CSR, RMR, CRR
`mayramalone@comcast.net
`
`07:33
`
`07:33
`
`07:33
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`
`PGS v WESTERNGECO (IPR2014-00689)
`WESTERNGECO Exhibit 2139, pg. 3
`
`
`
` 4091
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`4092
`4108
`4122
`
`4126
`4155
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`4159
`4201
`4208
`4291
`4295
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`4297
`4322
`
`INDEX
`
`
`
`Direct Examination Continued by Mr. Torgerson
`
`Redirect Examination by Mr. Torgerson
`
`Kenneth Williamson
`
`
`Cross-Examination by Ms. Tsou
`
`Nils Lunde
`
`Direct Examination by Mr. Torgerson
`
`Cross-Examination by Ms. Tsou
`David Gentle
`Direct Examination by Mr. Wade
`
`Cross-Examination by Mr. Streich
`
`
`Cross-Examination by Mr. LoCascio
`
`Redirect Examination by Mr. Wade
`
`Bob Peebler
`Direct Examination by Mr. Burgert
`
`
`Cross-Examination by Mr. LoCascio
`
`Recross-Examination by Mr. LoCascio
`
`
`
`Mayra Malone, CSR, RMR, CRR
`mayramalone@comcast.net
`
`07:33
`
`07:33
`
`07:33
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`07:33
`
`07:33
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`PGS v WESTERNGECO (IPR2014-00689)
`WESTERNGECO Exhibit 2139, pg. 4
`
`
`
`13:42
`
`13:42
`
`13:43
`
`13:43
`
`13:44
`
`13:44
`
` 4266
`
` LoCascio Cross of David Gentle
`
`your reference."
`They told you -- you already knew anyway -- that
`the parties had previously executed -- that means signed -- and
`agreed to a document, right?
`A
`Yes. At one time, that was signed, yes.
`Q
`And you mentioned you weren't sure that they told you they
`were adding indemnity, sir.
`Is that what you said a minute ago?
`That's what I said, yes.
`A
`We look at the contract in November. They specifically
`Q
`discuss the indemnity provision, right?
`A
`That's right.
`Q
`And this is October 18, 2011. If we look on October 19,
`you respond. At this point, this late October 2011 period,
`Fugro had requested indemnity from ION, right?
`A
`There were discussions at the senior level management about
`indemnity.
`Q
`And you were involved in the emails back and forth with
`Fugro on that very topic, correct?
`A
`Which emails, sorry?
`Q
`The emails we are looking at about the contract language.
`A
`Yes, that's correct.
`Q
`And within a week of that, on October 27, 2011, you sat
`down in a room under oath to give a deposition in this case,
`correct?
`
`Mayra Malone, CSR, RMR, CRR
`mayramalone@comcast.net
`
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`PGS v WESTERNGECO (IPR2014-00689)
`WESTERNGECO Exhibit 2139, pg. 5
`
`
`
`13:44
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`13:44
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`13:44
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`13:45
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`13:45
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`13:45
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` 4267
`
` LoCascio Cross of David Gentle
`
`That's correct.
`A
`Page 163. And you were asked this question and you gave
`Q
`this answer.
`
`"Are you aware of whether Fugro has requested
`indemnification from ION as a result of this lawsuit?"
`And under oath, the week after all those emails
`were going back and forth, you said, "I'm not aware of that."
`Correct, sir?
`That's right, yes.
`A
`"Are you aware whether indemnity for this lawsuit has been
`Q
`discussed between Fugro and ION?"
`"I'm not aware of those discussions."
`Sir, when you sat down in your deposition on
`October 25th, 2011, one week earlier you had been sending
`emails back and forth with Fugro about their request for
`indemnity and discussions about whether indemnity would be
`included, right, sir?
`A
`That's correct, yes.
`Q
`And yet, under oath twice you denied having any knowledge
`of that, didn't you?
`A
`That's what it says here, yes.
`Q
`So after this exchange where Fugro rejects Mr. Roland's
`suggested changes to the agreement, we now have a signed
`agreement, in effect -- and that's the one we started this with
`with Mr. Wade. That's Exhibit 22 -- signed by both parties
`
`Mayra Malone, CSR, RMR, CRR
`mayramalone@comcast.net
`
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`PGS v WESTERNGECO (IPR2014-00689)
`WESTERNGECO Exhibit 2139, pg. 6
`
`
`
` 4352
`
`off, but we have been making efforts for sure.
`THE COURT: All right. I will see you Monday morning,
`and I am going to need the courtroom for another hearing.
`MR. LOCASCIO: I think we're going to see you tomorrow
`morning, right, Your Honor?
`THE COURT: Oh, I'm sorry. I didn't know that. We
`will see you tomorrow. Okay.
`(Proceedings concluded at 4:01 p.m.)
`* * * *
`I certify that the foregoing is a correct transcript from
`the record of proceedings in the above-entitled cause.
`
`Date: August 9, 2012
`
` /s/
`
` --------------------------------------
` Mayra Malone, CSR, RMR, CRR
` Official Court Reporter
`
`
`
`Mayra Malone, CSR, RMR, CRR
`mayramalone@comcast.net
`
`
`
`16:01
`
`16:01
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`
`PGS v WESTERNGECO (IPR2014-00689)
`WESTERNGECO Exhibit 2139, pg. 7
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