James W. Thompson
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`1
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` 1 UNITED STATES DISTRICT COURT
` DISTRICT OF CONNECTICUT
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` 2
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` LEGO SYSTEMS A/S :
` 3 :
` Plaintiff/Counterclaim- :
` 4 Defendant, :
` :
` 5 v. : Civil Action No.
` : 3:15-CV-00823-VLB
` 6 RUBICON COMMUNICATIONS, LP :
` DBA SMALLWORKS AND :
` 7 SMALLWORKS, LLC :
` :
` 8 Defendant/Counterclaim- :
` Plaintiff. :
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` 9
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`10 ************************************************
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`11 RULE 30(b)(6) DEPOSITION OF
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`12 JAMES W. THOMPSON
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`13 DECEMBER 5, 2016
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`14 ************************************************
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`15
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`16 ORAL DEPOSITION OF JAMES W. THOMPSON, produced
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`17 as a witness at the instance of the
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`18 Plaintiff/Counterclaim Defendant, and duly sworn, was
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`19 taken in the above-styled and numbered cause on the 5th
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`20 of December, 2016, from 9:50 a.m. to 7:13 p.m., before
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`21 Shelly M. Tucker, CSR in and for the State of Texas,
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`22 reported by machine shorthand at the offices of Jackson
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`23 Walker L.L.P., 100 Congress Avenue, Suite 1100, Austin,
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`24 Texas, pursuant to the Federal Rules of Civil Procedure
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`25 and/or the provisions stated on the record.
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`DepoTexas, Inc.
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`1
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` 1 UNITED STATES DISTRICT COURT
` DISTRICT OF CONNECTICUT
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` 2
`
` LEGO SYSTEMS A/S :
` 3 :
` Plaintiff/Counterclaim- :
` 4 Defendant, :
` :
` 5 v. : Civil Action No.
` : 3:15-CV-00823-VLB
` 6 RUBICON COMMUNICATIONS, LP :
` DBA SMALLWORKS AND :
` 7 SMALLWORKS, LLC :
` :
` 8 Defendant/Counterclaim- :
` Plaintiff. :
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` 9
`
`10 ************************************************
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`11 RULE 30(b)(6) DEPOSITION OF
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`12 JAMES W. THOMPSON
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`13 DECEMBER 5, 2016
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`14 ************************************************
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`15
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`16 ORAL DEPOSITION OF JAMES W. THOMPSON, produced
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`17 as a witness at the instance of the
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`18 Plaintiff/Counterclaim Defendant, and duly sworn, was
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`19 taken in the above-styled and numbered cause on the 5th
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`20 of December, 2016, from 9:50 a.m. to 7:13 p.m., before
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`21 Shelly M. Tucker, CSR in and for the State of Texas,
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`22 reported by machine shorthand at the offices of Jackson
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`23 Walker L.L.P., 100 Congress Avenue, Suite 1100, Austin,
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`24 Texas, pursuant to the Federal Rules of Civil Procedure
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`25 and/or the provisions stated on the record.
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`DepoTexas, Inc.
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`James W. Thompson
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`2
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` 1 APPEARANCES
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` 2
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` 3
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` FOR THE PLAINTIFF/COUNTERCLAIM DEFENDANT:
`
` Elizabeth A. Alquist
` 4 Woo Sin Sean Park
` DAY PITNEY LLP
` 5 242 Trumbull Street
` Hartford, Connecticut 06103-1212
` 6 Telephone: 860-275-0100
` Fax: 860-275-0343
` 7 Email: eaalquist@daypitney.com
` wpark@daypitney.com
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` 8
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` 9
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`10
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` FOR THE DEFENDANTS/COUNTERCLAIM PLAINTIFFS:
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` Ryan T. Beard
`11 MEYERTONS HOOD KIVLIN KOWERT & GOETZEL
` 1120 South Capital of Texas Highway
`12 Building 2, Suite 300
` Austin, Texas 78746
`13 Telephone: 512-853-8800
` Fax: 512-853-8801
`14 Email: rbeard@intprop.com
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`DepoTexas, Inc.
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`James W. Thompson
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`7
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` 1 JAMES W. THOMPSON,
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` 2 having been first duly sworn, testified as follows:
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` 3 EXAMINATION
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` 4 BY MS. ALQUIST:
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` 09:50:50 5 Q. Good morning, Mr. Thompson.
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` 6 A. Morning.
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` 7 Q. My name is Beth Alquist. I represent LEGO in
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` 8 this matter. And I'm going to have a series of
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` 9 questions for you today so I thought we should lay out
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` 09:51:03 10 some ground rules. Have you ever been deposed before,
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`11 sir?
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`12 A. Yes.
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`13 Q. How many times?
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`14 A. Between four and eight. Four or five.
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` 09:51:17 15 Q. Four or five, did you say?
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`16 A. Yeah.
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`17 Q. In what types of matters?
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`18 A. Most recently it was a trademark dispute with
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`19 AT&T. There have been other trademark disputes with
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` 09:51:33 20 other companies. When I worked for Wayport, there was
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`21 a lawsuit between us and Laptop Lane. Further back, I
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`22 was called to -- I was deposed a couple of times when I
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`23 worked at Sun Microsystems over tasks that I'd been
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`24 asked to do there pertaining to getting things off of
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` 09:52:04 25 employee computers.
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`42
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` 1 Communications LP?
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` 2 A. I believe it was mostly management services.
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` 3 Q. Anything else?
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` 4 A. Not that I recall.
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` 10:43:53 5 Q. Did Rubicon Communications Management Group
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` 6 have any employees?
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` 7 A. No.
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` 8 Q. Ever?
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` 9 A. I don't believe so, no.
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` 10:44:02 10 Q. So the management services that were provided
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`11 were provided by the co-owners of Rubicon
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`12 Communications Management Group?
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`13 A. I think so.
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`14 Q. Does Rubicon Communications Management Group
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` 10:44:19 15 still exist?
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`16 A. No.
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`17 Q. When did it cease to exist?
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`18 A. We got audited in -- I don't remember the
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`19 exact year. 2013? Gosh, I'm sorry. I don't remember
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` 10:44:49 20 the exact year. 2013 is my best estimate. And the IRS
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`21 disallowed something to do with that structure, and so
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`22 we moved things around and it was just the LP after
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`23 that.
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`24 Q. When you say it was just the LP after that,
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` 10:45:20 25 sometime after the IRS audit, whatever year that was,
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`43
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` 1 it's your understanding that Rubicon Communications
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` 2 Management Group ceased to exist and your only existing
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` 3 corporation owned by you and your wife at that time was
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` 4 Rubicon Communications LP?
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` 10:45:42 5 A. And either BSD Perimeter or Electric Sheep
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` 6 Fencing. I --
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` 7 Q. Depending on the time frame?
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` 8 A. A cloud of dates.
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` 9 Q. Right. Okay. Thank you for that.
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` 10:46:00 10 So sticking with the same time frame,
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`11 Rubicon Communications LP did business as Netgate
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`12 doing what? What business did the Netgate name do?
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`13 A. The same as it had been doing since 2004;
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`14 firewalls, network security.
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` 10:46:33 15 Q. And when -- I know the dates are hard, but do
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`16 your best, approximately. When did Rubicon
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`17 Communications LP start doing business as SmallWorks?
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`18 A. 2011.
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`19 Q. And what business did it do as SmallWorks?
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` 10:46:59 20 A. We sold the iPhone and iPod cases.
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`21 Q. The products that are at dispute in this
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`22 lawsuit?
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`23 A. Yes.
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`24 Q. Did Netgate ever engage in that business, the
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` 10:47:22 25 selling of the cases for iPhones and iPods?
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` 1 A. Yes.
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` 2 Q. And drawing your attention to the email that's
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` 3 at the bottom of the page, the one that says May 6,
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` 4 2015 at 7:00 p.m. -- do you see that?
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` 11:23:03 5 A. Yes.
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` 6 Q. Do you understand that to be an email from
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` 7 Jamie Thompson at Netgate to a Keressa? Is that how
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` 8 you say her name?
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` 9 A. Yes.
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` 11:23:14 10 Q. So I asked you two questions there. Do you
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`11 understand that to be an email from Jamie Thompson to
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`12 Keressa?
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`13 A. Yes.
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`14 Q. And who is Keressa?
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` 11:23:24 15 A. Keressa is an employee at our company.
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`16 Q. And at this time, May of 2015, which entity
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`17 was Keressa employed by?
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`18 A. Rubicon.
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`19 Q. Which Rubicon?
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` 11:23:44 20 A. Rubicon Communications LLC.
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`21 Q. So it's your understanding that Rubicon
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`22 Communications LLC existed as of May 6, 2015?
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`23 A. Yes.
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`24 Q. And did Rubicon Communications LP still exist
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` 11:24:06 25 as of May 6, 2015?
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` 1 A. I don't believe so, no.
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` 2 Q. And how do you know that?
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` 3 A. Because we formed the LLC after this audit
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` 4 that I discussed before because we no longer had need
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` 11:24:32 5 of the management group LP structure so we went
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` 6 straight to an LLC.
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` 7 Q. I thought you had testified earlier that the
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` 8 LLC was formed as a result of the Amazon question.
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` 9 MR. BEARD: Objection, misstates prior
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` 11:24:51 10 testimony.
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`11 A. I don't recall directly.
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`12 Q. (By Ms. Alquist) You don't recall what you
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`13 testified to about a half an hour ago?
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`14 A. Not directly, no.
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` 11:24:59 15 Q. Twice?
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`16 A. I know we discussed the audit. And I know
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`17 that the company was re-formed subsequent to that. I
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`18 know that I -- yeah.
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`19 Q. So it is now your testimony that Rubicon
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` 11:25:27 20 Communications LLC was formed as a direct result of the
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`21 IRS audit?
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`22 A. That's not what I said.
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`23 Q. Okay. Then please tell me why Rubicon
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`24 Communications LLC was formed.
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` 11:25:40 25 A. After the audit, we no longer had need of the
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`James W. Thompson
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`59
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` 1 structure of the management group and the LLP, so we
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` 2 re-formed Rubicon Communications as an LLC.
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` 3 Q. Why did you no longer have the need for the LP
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` 4 structure that you've just described?
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` 11:26:08 5 A. Because the IRS was not going to allow the tax
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` 6 advantages of the structure that had been in place for
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` 7 years at that point.
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` 8 Q. And so it's your testimony that the -- that
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` 9 Rubicon Communications LLC was formed after the IRS
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` 11:26:31 10 audit?
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`11 A. Yes.
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`12 Q. And when do you think Rubicon Communications
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`13 LLC was formed?
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`14 A. I think I testified before that that audit was
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` 11:26:53 15 2013 or 2014, so it would have been just after that.
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`16 Q. So as you sit here, you the defendants don't
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`17 know even the year in which Rubicon Communications LLC
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`18 was formed?
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`19 MR. BEARD: Objection, asked and
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` 11:27:15 20 answered, misstates prior testimony.
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`21 Q. (By Ms. Alquist) You can answer.
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`22 A. I want to say 2014.
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`23 Q. Are you certain of that date, sir?
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`24 A. No.
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` 11:27:26 25 Q. And turning your attention, then, back to
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` 1 Q. Do you know when the SmallWorks storefront on
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` 2 Amazon was first obtained?
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` 3 A. Probably in early 2011.
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` 4 Q. And what corporate entity's EIN would have
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` 11:38:04 5 been used for that?
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` 6 A. Rubicon Communications LP.
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` 7 Q. And do you think that whenever Rubicon
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` 8 Communications LLC was formed, the EIN for the
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` 9 SmallWorks storefront changed?
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` 11:38:23 10 A. Then or shortly thereafter.
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`11 Q. And are you assuming that or do you know it?
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`12 A. I'm assuming that.
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`13 Q. And so at this time, May of 2015, this email
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`14 is indicating that there was a desire on behalf of
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` 11:38:43 15 Rubicon Communications to have an Amazon storefront of
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`16 Netgate. Is that right?
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`17 A. Yes.
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`18 Q. And there was -- was there also a desire on
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`19 behalf of Rubicon to have a storefront for pfSense?
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` 11:39:01 20 A. Yes.
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`21 Q. And what if anything did Rubicon do as a
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`22 result of this desire?
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`23 A. We formed the SmallWorks LLC, obtained an EIN
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`24 for it, and then went through the work to use the
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` 11:39:48 25 SmallWorks branding for the SmallWorks storefront and
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`James W. Thompson
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` 1 the Netgate branding for the Rubicon storefront.
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` 2 Q. So as we sit here today, is there a Netgate
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` 3 storefront on Amazon?
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` 4 A. Yes.
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` 11:40:04 5 Q. And who owns it?
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` 6 A. Who owns it?
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` 7 Q. Fair point. That could -- that could be
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` 8 Amazon.
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` 9 Under what name is it registered?
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` 11:40:19 10 A. Rubicon Communications LLC.
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`11 Q. And again, as you sit here do you know that or
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`12 are you assuming it?
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`13 A. I'm pretty sure of that.
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`14 Q. And as we sit here today is there a pfSense
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` 11:40:32 15 storefront on Amazon?
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`16 A. I don't believe so.
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`17 Q. Did the -- was there ever?
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`18 A. I don't know.
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`19 (Exhibit 6 marked)
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` 11:41:23 20 Q. I'm showing you what we've marked as
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`21 Exhibit 6. It is a long document. I am not going to
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`22 ask you to read the whole thing. But if you could
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`23 familiarize yourself with it, and I'm going to draw
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`24 your attention to the pages near the end of it and the
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` 11:41:39 25 Bates numbers I told you about, DEF 1813 specifically.
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` 1 But take your time and let me know when you're ready to
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` 2 talk about it. I'm sorry. 1812 specifically.
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` 3 A. (Reviews document.) Okay.
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` 4 Q. Have you seen this document before?
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` 11:42:04 5 A. Yes.
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` 6 Q. When did you first see it?
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` 7 A. Probably on or about June 5th, 2015.
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` 8 Q. And do you have an understanding of what this
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` 9 document is?
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` 11:42:11 10 A. Yes.
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`11 Q. What is that understanding?
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`12 A. It's a corporate agreement for SmallWorks LLC.
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`13 Q. And is it your understanding that on or about
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`14 this time, June 5, 2015, that that's when SmallWorks
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` 11:42:25 15 LLC first existed?
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`16 A. Yes.
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`17 Q. And that was in direct response -- let me
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`18 strike that.
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`19 The formation of SmallWorks LLC was in
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` 11:42:40 20 direct response to the email or the issue in the emails
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`21 that we were just looking at in Exhibit 5?
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`22 A. Yes.
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`23 Q. And drawing your attention to that page I
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`24 mentioned, DEF 1812, is that your signature on that
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` 11:42:59 25 page?
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` 1 A. Yes.
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` 2 Q. And do you recognize the signature below
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` 3 yours?
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` 4 A. Yes.
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` 11:43:02 5 Q. Whose signature is that?
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` 6 A. Jamie Thompson's.
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` 7 Q. And then turning your attention to the very
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` 8 next page, 1813, is that also your signature?
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` 9 A. Yes.
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` 11:43:12 10 Q. And is that also your wife's signature?
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`11 A. Yes.
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`12 (Exhibit 7 marked)
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`13 Q. I'm showing you, sir, what we've marked as
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`14 Plaintiff's Exhibit 7. Can you please take the time to
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` 11:43:54 15 review that document and let me know if that's a
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`16 document that you've ever seen before.
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`17 A. Yes.
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`18 Q. When did you first see this document?
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`19 A. I'd say around June 2015.
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` 11:44:16 20 Q. And on page 2 of Exhibit 7, is that your
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`21 signature at the bottom?
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`22 A. Yes.
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`23 Q. And you are signing as manager of SmallWorks
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`24 LLC. Is that right?
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` 11:44:29 25 A. Yes.
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` 1 Q. And it says above that that you're the buyer,
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` 2 SmallWorks. Right?
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` 3 A. Yes.
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` 4 Q. And just above your signature do you recognize
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` 11:44:38 5 that signature?
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` 6 A. Yes.
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` 7 Q. And whose signature is that?
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` 8 A. Jamie Thompson's.
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` 9 Q. And she is signing as a member of Rubicon
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` 11:44:48 10 Communications LLC. Is that correct?
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`11 A. Yes.
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`12 Q. And that entity is listed as the seller. Is
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`13 that right?
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`14 A. Yes.
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` 11:44:55
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` 11:55:31 15 Q. As of this date, June 2015, how many employees
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`16 did Rubicon Communications LLC have?
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`17 A. 20, plus or minus three or four.
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`18 Q. And how many locations did it have?
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`19 A. You'll have to define "location."
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` 11:55:54 20 Q. Places of business.
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`21 A. The reason I'm asking is we have employees who
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`22 are around the world.
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`23 Q. Working out of their own homes?
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`24 A. Yes.
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` 11:56:05 25 Q. How many actual business addresses did Rubicon
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` 1 Q. Turning your attention to Exhibit 7, do you
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` 2 know who prepared that document?
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` 3 A. Yes.
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` 4 Q. Who?
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` 11:59:19 5 A. Rudy Colmenero.
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` 6 Q. And that's a lawyer. Is that right?
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` 7 A. Yes.
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` 8 Q. In preparing this document who did
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` 9 Mr. Colmenero represent?
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` 11:59:34 10 A. Rubicon Communications LLC.
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`11 Q. Did he also represent SmallWorks LLC?
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`12 A. Yes.
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`13 Q. Who paid him for the documents that were
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`14 executed on or about June 5, 2015?
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` 12:00:06 15 A. I don't recall directly, but my assumption is
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`16 Rubicon Communications LLC.
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`17 Q. And I might have cut you off and I apologize
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`18 if I did. Maybe I didn't. I asked you earlier to list
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`19 the Rubicon Communications LLC assets in your
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` 12:00:34 20 understanding as of the day after Exhibit 7, and you
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`21 said anything that was not a SmallWorks asset. Is that
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`22 your complete answer?
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`23 A. Yes.
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`24 Q. And as of that day, so the day after, June 6,
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` 12:00:54 25 2015, did Rubicon Communications LLC still have
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`DepoTexas, Inc.
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`James W. Thompson
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`80
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` 1 employees?
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` 2 A. Didn't you already ask that?
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` 3 Q. I don't remember. That's why I'm asking
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` 4 again. I'm sorry if I did.
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` 12:01:06 5 A. Yes, we still had employees.
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` 6 Q. Were they all the same employees that you had
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` 7 on June 4th, 2015?
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` 8 A. Yes.
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` 9 Q. So as of June 6th, 2015, did SmallWorks LLC
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` 12:01:21 10 have any employees?
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`11 A. No.
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`12 Q. No?
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`13 A. No.
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`14 Q. Has it ever to this day -- between June 5,
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` 12:01:32 15 2015 and today, does SmallWorks LLC have any employees?
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`16 A. No.
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`17 Q. It has co-owners, though?
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`18 A. Yes.
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`19 Q. And who are those co-owners?
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` 12:01:43 20 A. My wife and I.
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`21 Q. Anyone else?
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`22 A. No.
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` 4 Q. Did SmallWorks ever own -- other than the
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` 12:02:39 5 intellectual property you just mentioned in connection
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` 6 with the website, did SmallWorks LLC ever own any other
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` 7 intellectual property?
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` 8 A. No.
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` 9 Q. Is there intellectual property and
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` 12:02:50 10 specifically patents associated with the products that
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`11 SmallWorks sells today?
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`12 A. Yes.
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`13 Q. And please tell me what IP that is.
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`14 A. There are a set of five or six patents that
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` 12:03:13 15 are registered trademarks on BrickCase, that kind of
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`16 thing.
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`17 Q. As you sit here, can you think of any others?
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`18 A. Not right now.
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`19 Q. And who owns that intellectual property that
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` 12:03:40 20 you just listed?
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`21 A. Pono Paani.
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`22 MS. ALQUIST: P-a-a-n-i.
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`23 Q. (By Ms. Alquist) And when was Pono Paani
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`24 formed?
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` 12:03:54 25 A. I don't remember.
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`DepoTexas, Inc.
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`James W. Thompson
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`82
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` 1 Q. Can you estimate it?
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` 2 A. No.
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` 3 Q. Why was Pono Paani formed?
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` 4 A. We wanted a holding company for certain IP.
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` 12:04:10 5 Q. So who owns Pono Paani?
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` 6 A. My wife and I.
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` 7 Q. Anyone else?
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` 8 A. I don't believe so.
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` 9 Q. And what IP does Pono Paani hold?
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` 12:04:20 10 A. The patents that we filed for the SmallWorks
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`11 products, the Netgate registered trademark, the
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`12 BrickCase trademarks; I believe there's more than one.
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`13 I think that's it.
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`14 Q. Does it own any other assets whether they're
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` 12:04:59 15 affiliated with SmallWorks or not?
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`16 A. I don't think so.
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`17 Q. Does Pono Paani have any employees?
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`18 A. No.
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`19 Q. Has it ever?
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` 12:05:19 20 A. No.
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`21 Q. Does Pono Paani have any financial interest in
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`22 this lawsuit?
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`23 A. No.
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`24 Q. Assuming -- you're not going to like this
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` 12:05:40 25 assumption. But assuming you lose the lawsuit and
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`DepoTexas, Inc.
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`James W. Thompson
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`83
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` 1 there is some liability to be paid, can you tell me
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` 2 anybody -- any entity from which you, and just you as a
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` 3 co-owner, would look to to pay that judgment?
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` 4 A. SmallWorks LLC.
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` 12:06:02 5 Q. Anyone else?
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` 6 A. No.
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` 7 Q. Is it your understanding that from 2001 until
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` 8 SmallWorks LLC was formed on June 5, 2015, other
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` 9 entities owned by you sold what the plaintiffs in this
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` 12:06:22 10 case are calling accused products?
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`11 A. Yes.
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`12 Q. And between 2001 and June 5, 2015, can you
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`13 list all entities owned by you that offered for sale or
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`14 sold the accused products?
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` 12:06:46 15 A. I believe it was only Rubicon Communications
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`16 LP.
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`17 Q. And what about in 2014, when LLC -- when
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`18 Rubicon Communications LLC --
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`19 A. That would be true, yes.
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` 12:06:59 20 Q. -- was formed -- sorry. You have to let me
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`21 finish.
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`22 From the time Rubicon Communications LLC
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`23 was formed, which you believe was in 2014, did it sell
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`24 or offer for sale the accused products in this case?
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` 12:07:14 25 A. Yes.
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`DepoTexas, Inc.
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`James W. Thompson
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`84
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` 1 Q. Any other entity owned by you or your wife
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` 2 other than Rubicon Communications LP, Rubicon
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` 3 Communications LLC, or SmallWorks LLC that ever offered
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` 4 for sale a product accused in this lawsuit?
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` 12:07:40 5 A. No.
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` 6 (Exhibit 8 marked)
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` 7 Q. You still okay?
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` 8 A. Yes.
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` 9 Q. Sir, I am showing you what we've marked as
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` 12:08:14 10 Plaintiff's Exhibit 8 in this case, and I'm going to
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`11 ask that you review the document. And when you've had
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`12 the chance to do so, please let me know if it's a
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`13 document you've ever seen before.
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`14 A. Yes, I've seen this before.
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` 12:08:38 15 Q. And when did you first see it?
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`16 A. Somewhere around August 27th, 2015.
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`17 Q. And turning your attention to the -- looks
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`18 like the third-to-last page of the document -- it's
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`19 on -- it's not numbered, but it's the one with your
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` 12:09:07 20 signature on it. Do you see it?
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`21 A. Yes.
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`22 Q. So that says "Verification" at the top, and
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`23 that is your signature?
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`24 A. Yes.
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` 12:09:16 25 Q. And you signed it on August 27, 2015. Is that
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`James W. Thompson
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`87
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` 1 don't recall when it was formed?
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` 2 A. Yes.
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` 3 Q. Okay. But this is true and accurate, that it
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` 4 holds intellectual property rights and is owned by Jim
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` 12:12:25 5 and Jamie Thompson. Is that right?
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` 6 A. Yes.
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` 7 Q. And then the next sentence of this answer
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` 8 says, "SmallWorks LLC is a company owned by Jim and
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` 9 Jamie Thompson."
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` 12:12:39 10 That's correct, right?
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`11 A. Yes.
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`12 Q. "And is the company that has engaged in the
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`13 accused conduct for this case."
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`14 Is that accurate?
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` 12:12:50 15 A. Yes.
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`16 Q. Didn't you just tell me that in the past other
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`17 entities engaged in the accused conduct for this case?
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`18 A. The statement is that this is the company that
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`19 has engaged in the accused conduct.
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` 12:13:21 20 Q. "Has engaged" is in the past. Right?
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`21 A. That's not what the statement says.
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`22 Q. So when --
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`23 A. You asked me --
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`24 Q. Sorry.
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` 12:13:29 25 A. You asked me if the statement was correct, and
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`DepoTexas, Inc.
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`James W. Thompson
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`88
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` 1 I said it was.
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` 2 Q. It was correct as of the date you signed the
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` 3 verification?
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` 4 A. Yes.
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` 12:13:35 5 Q. And because of the definition of "is"?
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` 6 A. Let's not go there.
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` 7 Q. Is it because it's in the present tense?
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` 8 A. Yes.
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` 9 Q. But -- so this answer doesn't mention that
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` 12:13:48 10 Rubicon Communications LLC had engaged in the accused
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`11 conduct for this case.
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`12 A. No.
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`13 Q. And it doesn't mention that Rubicon
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`14 Communications LP had engaged in the accused conduct
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` 12:14:03 15 for this case.
`
`16 A. No.
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`17 Q. But both of those statements are true?
`
`18 A. Yes.
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`19 Q. It does say that Rubicon Communications LLC is
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` 12:14:15 20 a company owned by Jim and Jamie Thompson. And that's
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`21 true, yes?
`
`22 A. What's your question?
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`23 Q. Is that statement true, "Rubicon
`
`24 Communications LLC is a company owned by Jim and Jamie
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` 12:14:30 25 Thompson"?
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`DepoTexas, Inc.
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`100
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` 1 that X-Ray and Rubicon Communications LP?
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` 2 A. It was me.
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` 3 Q. You as an individual.
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` 4 A. You asked specific to me.
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` 12:47:01 5 Q. Yes. So you worked as a consultant for X-Ray?
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` 6 A. They were friends. We, you know, were trying
`
` 7 to develop something. And I don't remember when we
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` 8 shut down Musenki. There could be some overlap to 2004
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` 9 as well there.
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` 12:47:33 10 Q. Thank you.
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`13 Q. I have to ask this. Is Chris Thompson, who
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`14 works for your lawyers, related to you in any way?
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` 12:49:05 15 A. No. Not that I know of.
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`16 Q. Fair point.
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`17 And are your lawyers working on a
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`18 contingency in any way?
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`19 A. No.
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` 12:49:17 20 Q. So I am going to turn your attention back to
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`21 Plaintiff's Exhibit 8, which are the interrogatory
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`22 responses, and draw your attention to interrogatory
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`23 number 3.
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`24 A. Is there a question pending?
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` 12:50:23 25 Q. No, there isn't. But I saw that you were
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`DepoTexas, Inc.
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`James W. Thompson
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`172
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` 1 of thing, explain to him what things cost, things like
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` 2 advertising costs and what it costs to produce both the
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` 3 packaging and the product so he would have an idea, you
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` 4 know, sort of how the money's made, if you will.
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` 03:45:33 5 And we involved him in -- you know, if we
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` 6 had larger sales -- and I know his mother showed him
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` 7 the -- you know, where the money goes in terms of
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` 8 you've got a number of dollars for the product but
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` 9 here's what it costs to actually make the sale, credit
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` 03:45:50 10 card fees and that kind of thing.
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`11 Q. Anything else that you can think of?
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`12 A. I can't think of anything else right now.
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`13 Q. The next person listed in interrogatory number
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`14 7's answer is Jamie Thompson. What was her role in the
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` 03:46:07 15 marketing, sale, and distribution of the BrickCase
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`16 products?
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`17 A. The short answer is everything.
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`18 Q. What's a little bit longer answer? Can you --
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`19 can you at least by topic tell me how Jamie was
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` 03:46:23 20 involved?
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`21 A. Everything. Literally everything. A number
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`22 of the people -- you know, with the exception of
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`23 Frazier, I think everybody else in that list actually
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`24 reported somewhere underneath her. She's in charge of
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` 03:46:51 25 all the shipping and receiving that we do. She's
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` 1 largely, you know -- I'd say all the distribution runs
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` 2 through her. Literally answers everything. I know you
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` 3 don't like that as an answer, but that is the answer.
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` 4 Q. Let me break down different time frames. When
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` 03:47:21 5 Rubicon Communications LP was selling the product, was
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` 6 Jamie an employee of Rubicon Communications LP?
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` 7 A. I don't know that we were employees. I know
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` 8 we were owners.
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` 9 Q. And directors or officers?
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` 03:47:37 10 A. And directors and officers. We were -- we
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`11 were it. Still are. Jamie named that company. I
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`12 don't think you fathom, you know -- it, you know -- she
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`13 started it when I was still doing something at Vivato.
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`14 Q. The Rubicon Communications LP?
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` 03:47:58 15 A. Uh-huh.
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`16 Q. Sorry, you have to answer that audibly.
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`17 A. Yes.
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`18 Q. Thank you.
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`19 Did she have a job title with any --
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` 03:48:12 20 well, I'll stick with Rubicon Communications LP.
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`21 A. Informally, QOTFU.
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`22 Q. What does that stand for?
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`23 A. Queen of the universe.
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`24 Q. Okay. So it's a -- it's fair to say it's a
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` 03:48:29 25 closely held business?
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` 1 today, where would the money go?
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` 03:55:09 20 Q. But they use the same -- I'm sorry.
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`21 SmallWorks utilizes the service of employees of Rubicon
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`22 Communications LLC?
`
`23 A. Yes.
`
`24 Q. We were talking about Manny Moreno a little
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` 03:55:28 25 bit, so he is also listed as somebody involved in the
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`DepoTexas, Inc.
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