throbber
348
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`*
`May 18, 2021
`CLOUDOFCHANGE, LLC
`*
`* CIVIL ACTION NO. W-19-CV-513
`VS.
`*
`*
`NCR CORPORATION
`BEFORE THE HONORABLE ALAN D ALBRIGHT
`JURY TRIAL PROCEEDINGS
`Volume 2 of 4
`
`APPEARANCES:
`For the Plaintiff:
`
`John H. Barr, Jr., Esq.
`John Allen Yates, Esq.
`Barden Todd Patterson, Esq.
`Edgar Neil Gonzalez, Esq.
`Kyrie Kimber Cameron, Esq.
`Patterson & Sheridan, LLP
`24 Greenway Plaza, Suite 1600
`Houston, TX 77046
`Abelino Reyna, Esq.
`Patterson & Sheridan, LLP
`900 Washington Ave, Suite 503
`Waco, TX 76701
`Charles E. Phipps, Esq.
`Locke Lord LLP
`2200 Ross Avenue, Suite 2800
`Dallas, TX 75201
`Charles S. Baker, Esq.
`Scarlett Collings, Esq.
`Locke Lord LLP
`600 Travis St., Suite 2800
`Houston, TX 77002
`Kristie M. Davis, CRR, RMR
`PO Box 20994
`Waco, Texas 76702-0994
`(254) 340-6114
`Proceedings recorded by mechanical stenography, transcript
`produced by computer-aided transcription.
`
`For the Defendant:
`
`Court Reporter:
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`(May 18, 2021, 8:37 a.m.)
`THE BAILIFF: All rise.
`THE COURT: Thank you. You may be seated.
`I understand there's some issues we need to take up.
`Happy to do it.
`MR. BARR: Yes, Your Honor.
`There's an evidentiary issue, and then I think the parties
`have a few disputes about some slides today.
`THE COURT: Okay.
`MR. BARR: So in regard to the evidentiary issue, the
`Court had granted NCR first set of Motion in Limine No. 5 which
`kept out any testimony about NCR's overall economic status of
`the company, company-wide, as opposed to just the product line.
`Yesterday we believe that Ms. Collings opened the door on
`NCR Corporation's total revenue in her questioning of
`Ms. Schoonover, specifically when she was asking Ms. Schoonover
`about the company-wide enterprise Google license of $22 million
`a year. And she got Ms. Schoonover to testify -- and by the
`way, this is the first time we've heard this in this case --
`that NCR attributes $5.4 million of that total license to the
`NCR Silver product. And I have the testimony here from --
`THE COURT: I remember. I was listening.
`MR. BARR: Yes. Since the costs are a hotly debated issue
`and we've argued that the costs that they're attributing to
`this product line are overstated, that we believe that we are
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`deprived of an opportunity to cross-examine on this issue
`without being able to draw the comparison of the $22 million --
`THE COURT: Mr. Barr, you are able to cross-examine on
`anything that was raised by opposing counsel during her direct
`of this witness.
`MR. BARR: Thank you, Your Honor.
`THE COURT: It's cross-examination. If either side of
`you -- let me explain something. Here's the way I see the
`world. If you keep out -- in fact, I'm just going to -- I'm
`going to pick on this witness just for -- this is a
`hypothetical. But for example, if this witness had a DWI in
`her past and I said it doesn't come in, it's not relevant. And
`you put her on and we got through it. And then the other side
`on cross says something that makes her answer something and
`then says, oh, she opened the door by answering it. That's not
`opening the door in my opinion.
`However, in the case where you have put on -- it's your
`motion in limine, and you ask a question that opens the door,
`that's when I see opening the door.
`And so in other words, as I've allowed counsel for
`defendant, Ms. Collings, to ask this witness anything about
`anything you asked her in your direct or cross, however you
`want to look at it, you were free to cross-examine this witness
`on anything that Ms. Collings brought out on her examination.
`MR. BARR: Thank you, Your Honor.
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`Then we had a few arguments about slides. I think
`Ms. Cameron was going to handle those.
`MS. CAMERON: May I approach, Your Honor?
`THE COURT: Yes, ma'am.
`MR. BAKER: Your Honor, I just wanted to -- revenue was
`not raised yesterday. I just want to make sure all of our
`revenue was not raised. I want to make sure Mr. Barr
`understands that when it comes time to cross-examine him.
`THE COURT: You all keep coming here and saying, I want
`you to tell the other side what they can do. I can't. If
`Mr. Barr asks a question that you think is objectionable, say,
`I object. Or --
`MR. BAKER: Yes, Your Honor.
`THE COURT: In this case Ms. Collings will.
`Now, what has, in my opinion, been waived is the sense
`that this issue can't be touched on at all, because it's so --
`that's the limine.
`MR. BAKER: Oh, yes, Your Honor.
`THE COURT: I get that. If Mr. Barr or any of you asks a
`question the other side thinks is -- and by the way, I hate to
`say this, but you're really not the right person to be standing
`up and arguing this. It's really Ms. Collings. But since
`you're there anyway, I'll go ahead and make my point.
`Whoever's -- just stand up and object that it's not
`relevant. I heard the testimony yesterday. And if I think
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`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`it's relevant, I'll let it in, and if I don't -- but all that's
`happening here is Mr. Barr won't be violating the limine in the
`sense he had to approach the bench first.
`MR. BAKER: Yes, Your Honor.
`THE COURT: He can ask whatever questions he wants that --
`as can all of you on cross. You can ask whatever questions you
`legitimately think were raised on the other person's
`examination, and you will not be in trouble with me because it
`was something that was covered by a limine.
`Now, that doesn't mean what Mr. Barr asks this witness I
`think will be relevant. If he asks something that is objected
`to as irrelevant and the reason is stated why it's irrelevant,
`I might sustain the objection. But you don't have to worry
`that you will run afoul of the motion in limine. And so that's
`all I'm ruling.
`MR. BAKER: All right. Thank you, Your Honor.
`THE COURT: Yes, ma'am.
`MS. CAMERON: Good morning, Your Honor.
`THE COURT: Good morning.
`MS. CAMERON: I've handed to you a copy of the slides
`that -- for NCR's examination of Dr. Ikizler we've objected to
`in our objection exchange last night. Specifically we're
`objecting to the design-around discussion in Dr. Ikizler's
`slides. It was our understanding during the Daubert motion
`discussion of Dr. Ikizler that the Court said the design-around
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`would only come in if they could identify paragraphs in
`Dr. Chatterjee's report where he specifically addressed
`customer acceptance of the design-around.
`THE COURT: Correct.
`MS. CAMERON: We've scoured those reports and we have not
`found any reference to customer acceptance.
`THE COURT: Well, help me out here again. I can't
`remember these things. Whose witness is -- it's their witness,
`right?
`MS. CAMERON: Yes, Your Honor.
`THE COURT: Dr. Ikizler -- the fight here is over
`Dr. Ikizler, which is I-k-i-z-l-e-r.
`MS. CAMERON: Yes, Your Honor.
`THE COURT: I'm assuming that the defendant is going to
`put their -- Dr. Chatterjee on before they put on Dr. Ikizler,
`right?
`MS. CAMERON: I believe that's correct, Your Honor.
`THE COURT: So why am I taking this up now? Because if
`they don't lay a foundation through Dr. Chatterjee, then
`Dr. Ikizler's not going to get to talk about it if there's an
`objection. And Dr. Chatterjee's not going to get to talk about
`it unless there's something in his report.
`So we're going to cross that bridge, I think, during
`Dr. Chatterjee's direct, is my guess.
`MS. CAMERON: Okay.
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`THE COURT: So unless -- I mean, I'm happy to rule on
`something, but my guess is we will not be taking this up until
`Dr. Chatterjee is on the stand. And if he -- this isn't
`limited to this subject. If any of your experts try to put on
`evidence during direct that is not in their report, it's not
`coming in.
`And if I haven't told you all this -- I've lost track of
`who I've told these things to. Here's the way I anticipate you
`all being able to react in this situation. Mr. Barr is putting
`on --
`Mr. Barr, who's your first expert?
`MR. BARR: My first expert will be Ms. Salters.
`THE COURT: Okay. Mr. Barr's putting on Ms. Salters. I'm
`assuming Ms. Collings is going to be cross-examining her, but
`it doesn't matter. Whoever is cross-examining her.
`Ms. Collings stands up and says, I object, Your Honor. That's
`not in Ms. Salters' expert report.
`I expect that Mr. Barr -- whoever's putting on
`Ms. Salters -- to be able to say, oh, yes, it is, Judge,
`because it's on Page 61. Because right next to the question
`that you're asking on direct you will have referenced where in
`the expert report it is.
`And if Ms. Collings says, no, it isn't, then you'll show
`me Page 61, or whatever it was, of the expert report. And if
`it's in there, then I assume we will not have a lot
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`more it's-not-in-his-report objections because the person
`putting the witness on on direct will be able to immediately
`identify where in the report something that would just -- is
`the foundation for that testimony would come from.
`But that is the way I anticipate it will go on direct of
`the experts.
`Is there anything else we need to take up?
`MS. COLLINGS: Your Honor, I have one objection, and it's
`along those same lines.
`THE COURT: You're better off at this microphone.
`MS. COLLINGS: May I approach?
`THE COURT: Yes, ma'am. Of course.
`MS. COLLINGS: Thanks. Briefly, Your Honor. In the
`demonstrative slide presentation that plaintiffs provided us
`last night --
`THE COURT: For who?
`MS. COLLINGS: For Ms. Salters.
`THE COURT: Uh-huh.
`MS. COLLINGS: There was included in those slides an
`opinion that we do not feel was included in her report. And so
`we have an objection to that part of the slide presentation.
`THE COURT: Well, let's do this. How soon will we see
`Ms. Salters?
`MR. BARR: She will be after Mr. Crouse. The issue I have
`with this, Your Honor, the parties had agreed --
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`THE COURT: I'm just saying, here's what I'm going to do.
`I'm sorry. So we have --
`MR. BARR: Ms. Schoonover then Crouse then Salters.
`THE COURT: So what we'll do is before we take up
`Ms. Salters, I'll just look at the slide, and you all can tell
`me what the issue is. I'll take it up at that time.
`MR. BARR: One other question I had in the -- due to the
`Court's -- the pretrial rulings, Your Honor, related to
`Ms. Crouse and Ms. Salters, the plaintiffs may want to make an
`offer of proof. And I was wondering, do we just -- can we wait
`till the end of the day after these witnesses testify to do
`that?
`THE COURT: Sure. Yes.
`Do you want these back?
`MR. BARR: Thank you, Your Honor.
`MS. CAMERON: We have one more issue.
`MR. BARR: The exhibits we were going to read into the
`record.
`THE COURT: Okay. Before we get there, let me ask you all
`a question. And I feel like at this point that I'm being a
`tattle tale, but I'll say it anyway. It's my understanding
`that our jury is sitting in the jury room feeling very
`comfortable and none of them are wearing masks. If they feel
`comfortable, it seems to me, in a jury room, which is much
`smaller than where they're sitting most of the time not wearing
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`masks, seems to me they would feel comfortable not wearing
`masks in here, which I'm happy to accommodate them. I'm happy
`to accommodate all of you.
`However, if either of you has -- it's your case, not mine.
`If either of you have an objection to me allowing them to be
`unmasked and you all to be unmasked, I need to hear it now
`rather than when someone's unhappy however this case turns out.
`So if you all are okay with me allowing the jurors not to
`wear masks, I'm okay with that. If either side wants to
`continue the practice we've had of requiring everyone to wear
`masks, I'm happy to do that. In other words, the veto will
`work here.
`So, Mr. Barr, where are you on the mask question?
`MR. BARR: The plaintiffs have no objection to dispensing
`with the masks, Your Honor.
`THE COURT: Ms. Collings?
`MS. COLLINGS: Your Honor, defendants have no objection.
`THE COURT: Okay. Then I'm going to let them know.
`Is there anything else we need to take up?
`Oh, I'm sorry. Yes, ma'am.
`Here's what we're going to do. I don't need to be here
`for this, as exciting as it is. I'm going to go back after you
`finish reading -- and by the way, actually, go ahead, because
`occasionally someone says, no, I don't agree that that's in
`there. So if you'll go ahead and read them in.
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`If defendants will listen, and then I'll listen to
`defendant's list as well. So this is defendant's opportunity
`to tell me if the list is wrong.
`MS. CAMERON: Good morning, Your Honor. And we did share
`and exchange this list and double-check --
`THE COURT: Well, in that case, are you all both okay with
`the list you've exchanged?
`MR. PHIPPS: Yes, Your Honor.
`THE COURT: Okay. Then I'm going to go back for just a
`second. You all get ready, and we're going to bring the jury
`back in in about five minutes.
`Does that work for everyone?
`MS. COLLINGS: Yes, Your Honor.
`MR. BARR: Yes, Your Honor.
`THE COURT: Okay. I'm going to let the jury know they
`don't have to wear masks.
`THE BAILIFF: All rise.
`(Recess taken from 8:49 to 8:55.)
`THE BAILIFF: All rise.
`THE COURT: Please remain standing for the jury.
`(The jury entered the courtroom at 8:56.)
`THE COURT: Good morning, everyone. You may be seated.
`If we could have the witness back on the witness stand,
`please.
`MR. BARR: May I approach, Your Honor, with the witness
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`binder?
`THE COURT: Yes, sir.
`And just a friendly reminder, you're still under oath from
`yesterday.
`THE WITNESS: Okay.
`MR. BARR: May I proceed, Your Honor?
`THE COURT: Yes, sir.
`REDIRECT EXAMINATION
`
`BY MR. BARR:
`Q.
`Good morning, Ms. Schoonover.
`A.
`Good morning.
`Q.
`Ms. Schoonover, do you recall --
`(Simultaneous speakers.)
`BY MR. BARR:
`Q.
`Yesterday afternoon, do you recall when Ms. Collings
`was asking you about your work with the Radiant company?
`A.
`Yes.
`Q.
`And Radiant was the company, I think you told us,
`that was purchased by NCR; is that right?
`A.
`That's correct.
`Q.
`And I believe you said that you worked at Radiant for
`awhile, and then in 2011, when NCR purchased Radiant, you came
`along with the company and had basically the same job at NCR
`with the Silver product; is that right?
`A.
`Yes.
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`Now, when you were at Radiant company, the address of
`Q.
`the office that Radiant had was 3925 Brookside Parkway,
`Alpharetta, Georgia; is that right?
`A.
`I believe that's the address.
`Q.
`Okay. And isn't it true that that office building,
`where Radiant had been occupying and the Radiant Silver product
`had been worked on, that same office was then used by NCR as
`one of their corporate offices after the acquisition of
`Radiant, right?
`A.
`Yes.
`Q.
`Now, yesterday Ms. Collings also asked you about the
`technology go-to-market expense.
`Do you remember that?
`A.
`Yes.
`MR. BARR: And if we could put up Exhibit -- Joint
`Exhibit 89, please.
`BY MR. BARR:
`Q.
`And you recall that these questions that she was
`asking you about the technology go-to market were in the
`context of this Google Cloud addendum, which Google -- or NCR
`Corporation, the company, the whole company, has agreed to pay
`Google for cloud services and other computer-related services
`for the entire NCR company; is that right?
`A.
`Yes.
`Q.
`And I think we talked about yesterday, Ms. Collings
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`in her questions, she asked you to confirm the $22 million a
`year that NCR Corporation pays to Google for those services.
`Do you recall that?
`A.
`Yes. That's for NCR corporate, that's the money that
`we pay. Yes.
`Q.
`And that's for the whole company, NCR, right?
`A.
`Yes.
`Q.
`That's not just for this product line that we've
`accused of infringement in this litigation; is that right,
`ma'am?
`That's right.
`A.
`And I think you already told me yesterday that it
`Q.
`wouldn't be fair to charge costs to the NCR Silver product line
`alone that benefit the entire NCR Corporation, right?
`A.
`Yes.
`Q.
`And I believe you also told us yesterday that the
`percentage of that $22 million that NCR is charging as costs to
`the NCR Silver product line was about $5.4 million, right?
`A.
`I'm sorry. Can you repeat -- repeat that?
`Q.
`Yes. I'd be happy to.
`I believe you told us yesterday that the percentage of the
`total $22 million annual costs for the Google license, that of
`that 22 million, over 5 million was being charged to the NCR
`Silver product line alone?
`A.
`Yes. So that 5.4 million reflects hosting costs. A
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`large portion of it is the Google hosting costs.
`Q.
`And I think you told us that the way that that
`5.4 million was calculated was some algorithm that the
`accountants did; is that right?
`A.
`Our finance team allocates a percentage. Yes.
`Q.
`And to be fair, an algorithm is just a fancy word for
`math, isn't it, ma'am, in this case?
`A.
`It is a math calculation. Yes.
`Q.
`It's a pretty simple math calculation, isn't it,
`here?
`It is relative use of that service, each product is
`A.
`allocated.
`Q.
`And how it works out, how this math works out,
`according to NCR, is that they're charging the NCR product
`line -- NCR Silver product line, which we've heard has 100
`people working on it, right, and which we've heard earns about
`$25 million a year in total revenue, right?
`A.
`Yes.
`Q.
`NCR decided to allocate costs of $5.4 million to that
`$25 million product line, right?
`A.
`A portion of the 5.4 million. Yes.
`Q.
`No. The total is 5.4 million, which is a portion of
`the 22 million, right?
`A.
`Yes. But that's our total hosting costs, it's not
`all Google. A majority of it is Google, for the Google Cloud.
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`I'm just -- yeah.
`Q.
`I don't want to quibble with you about what it is.
`A.
`I'm just being --
`Q.
`The point is --
`A.
`-- precise. Okay.
`Q.
`-- $22 million in costs that relate to something that
`NCR Corporation, with 34,000 employees and 140 locations, is
`benefitting from, right?
`A.
`Yes. 20,000 employees. Yes.
`Q.
`Okay. There's only 20,000 employees, not 34,000?
`A.
`Roughly. I think so.
`Q.
`Okay. I think Mr. Baker told us a different number,
`but...
`Oh, okay. I could be wrong.
`A.
`You would know better than me and probably him.
`Q.
`Okay.
`A.
`But the point is, again, 22 million a year paid to
`Q.
`Google by NCR Corporation, right?
`A.
`Yes.
`Q.
`For something that benefits -- for some services that
`benefit NCR Corporation, right?
`A.
`Yes.
`Q.
`Those services also benefit NCR Silver as a part of
`that corporation, right?
`A.
`Yes.
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`But you're charging NCR Silver with 25 percent of the
`Q.
`total costs that's paid to Google, right?
`A.
`Yes.
`MS. COLLINGS: Object, Your Honor. That mischaracterizes
`her testimony that she just gave today.
`THE COURT: Counsel, handle it on redirect.
`This witness is perfectly capable -- if Mr. Barr -- she
`hasn't -- she hasn't yet directly answered a question he's
`asked this morning with a yes or no.
`If she feels that he is misrepresenting to her what she
`said, she's perfectly capable of letting us know. She's been
`doing that all morning so far. And frankly, I would probably
`appreciate it if her answers were a little more direct with a
`yes or no.
`BY MR. BARR:
`Q.
`So what we're talking about in these questions that
`Ms. Collings asked you was the percentage of the Google costs
`that's charged for the entire company should be charged to this
`small product line, right?
`A.
`To the product line. Yes.
`Q.
`And you would agree with me that NCR Silver is not
`even close to 25 percent of the total revenues of the NCR
`Corporation, right?
`A.
`I don't know the exact number, but yes.
`Q.
`But you know it's not close to 25 percent, right?
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`Yes.
`A.
`And, in fact, if we looked at the $26.6 million of
`Q.
`revenue that NCR Silver made, according to Joint Exhibit 86,
`for the year 2020, that would be less than one-half of
`1 percent of NCR Corporation's annual revenues in 2020 of
`$6.2 billion, right?
`MS. COLLINGS: Object, Your Honor. There's been no
`evidence. There's no foundation for what NCR Corporation's
`revenue has been in 2020 or any other year.
`And frankly, Your Honor, that's not relevant to the issues
`pertaining to NCR Silver particularly.
`THE COURT: Overruled.
`BY MR. BARR:
`Q.
`So your argument is -- or NCR's argument, to be fair,
`is that a product line that makes less than one-half of
`1 percent of NCR Corporation's $6.2 billion in revenue should
`pay 25 percent of a cost that is attributable to the entire NCR
`Corporation; is that correct?
`A.
`It's not based on revenue percentage.
`Q.
`Now, does NCR host any of its software in-house?
`A.
`Not that I'm aware of.
`Q.
`Does NCR have any servers?
`A.
`Not for NCR Silver.
`Q.
`All right.
`MR. BARR: Could we have a look at the Exhibit 88?
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`BY MR. BARR:
`Q.
`I'd like to go back to what Ms. Collings was asking
`you about yesterday when she was asking you about the D&A
`costs.
`Do you remember that?
`A.
`Depreciation amortization. Yes.
`Q.
`Okay. So you know that D&A means depreciation and
`amortization; is that right, ma'am?
`A.
`Yes.
`Q.
`But you -- when did you learn that?
`A.
`I see the line depreciation and amortization on the
`detailed cost line.
`Q.
`So what is depreciation and amortization in the
`context of costs?
`A.
`In the context of costs, we -- so the way R&D works
`is, research and development, developers develop features. And
`that's a high cost to develop those features, all the costs for
`the engineering time.
`And so when we're developing those features, accounting
`rules allow us to capitalize that, which means we don't have to
`incur that cost in that year in the financials.
`We can then wait until the feature is ready to go to
`market, and then we amortize those costs over five years
`against that revenue.
`So that's why you don't see that cost in the year we incur
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`367
`
`it. We capitalize it over future years.
`Q.
`And in that -- and in the example you just gave, that
`is depreciation and amortization of employee costs that were
`actually working on the NCR Silver product, correct?
`A.
`That's correct.
`Q.
`But I believe NCR's financial statements also
`attribute a depreciation and amortization of hardware costs to
`NCR Silver; is that right?
`A.
`There are like office equipment and employee
`equipment that gets amortized over years too. Yes. That's a
`small percentage of it.
`Q.
`So to make sure we're clear on this, if we see
`millions of dollars in depreciation and amortization in
`Exhibit 88, you're saying all of that relates only to employee
`costs and none of that relates to any computers or equipment or
`buildings or anything like that?
`A.
`I'm saying the majority of it is for the engineering
`costs, but it does include other depreciation as well, office,
`equipment.
`Q.
`Because we could agree that it would be double
`counting, wouldn't it, if you charged NCR Silver with this
`25 percent of the Google license for web server hosting in the
`cloud, and then also depreciated and amortized the cost of a
`bunch of old computer servers that NCR Silver has, right?
`A.
`If -- I'm not sure why it would be double counting.
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`368
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`It's -- if you're amortizing it, those are costs incurred in
`previous years, and then you are showing the costs on the
`financial statement when it's ready to be depreciated.
`Q.
`So you're telling us that in the event we see
`depreciation and amortization in the financials of NCR, that we
`can count on it that you're not trying to double count
`depreciation and amortization for any of the computers that
`you're getting from Google, right?
`A.
`No. We don't pay for those -- we pay for the hosting
`service.
`Okay.
`Q.
`MR. BARR: Pass the witness, Your Honor.
`RECROSS-EXAMINATION
`
`BY MS. COLLINGS:
`Q.
`Good morning, Ms. Schoonover.
`A.
`Hello.
`Q.
`The $5.4 million go-to-market -- technology
`go-to-market costs that counsel was just asking you about.
`A.
`Yes.
`Q.
`Is 100 percent of that $5.4 million technology
`go-to-market costs attributable to the Google Cloud agreement
`that counsel referenced?
`A.
`No. Not 100 percent.
`Q.
`Okay. What else is included in that $5.4 million?
`A.
`So we transitioned from Amazon Web Services hosting
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`369
`
`to Google Cloud, and so there was some additional charges for
`the Amazon Web Service hosting included in those numbers while
`we were transitioning.
`Q.
`So between 2019 and 2020 NCR Silver transitioned
`hosting services from AWS to Google?
`A.
`Yes.
`Q.
`So a portion of the $5.4 million that you see for
`technology go-to-market and 5.4, some part of that is the
`Google Cloud NCR Silver-apportioned costs and some of that is
`sort of residual AWS hosting?
`A.
`Yes. Well, yes.
`Q.
`Does NCR Silver get any computers from Google?
`A.
`No.
`Q.
`Okay. So NCR Silver is not taking a depreciation or
`amortization charge against any Google computers?
`A.
`Not that I'm aware of. No.
`Q.
`Counsel asked you about the old Radiant address. Do
`you recall that?
`A.
`Yes.
`Q.
`Do you know -- back in 2018 do you know what was
`housed in that old Radiant address that became part of NCR's
`real estate?
`A.
`So it was employees that were part -- worked for
`Radiant Systems stayed in that building when they acquired
`Radiant Systems. So it's a small building. It's not a
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`370
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`headquarters or -- it's --
`Q.
`Thank you.
`A.
`Yeah.
`MR. BARR: Nothing further, Your Honor.
`THE COURT: May this witness be dismissed?
`MS. COLLINGS: Yes.
`THE WITNESS: Thank you.
`MR. YATES: Your Honor, plaintiff calls Gregory Crouse to
`the stand.
`(The witness was sworn.)
`DIRECT EXAMINATION
`
`BY MR. YATES:
`Q.
`Good morning.
`A.
`Good morning, sir.
`Q.
`Would you please introduce yourself to the jury?
`A.
`Good morning. I'm Greg Crouse.
`Q.
`And where do you live?
`A.
`I live in Flower Mound, Texas which is a suburb of
`Dallas.
`And why are you here?
`Q.
`I'm here as a technical expert.
`A.
`Can you please describe your formal education after
`Q.
`high school?
`A.
`My formal education out of high school is I attended
`the University of Texas at Austin. I achieved a bachelor of
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`371
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`business administration in finance, and I graduated in 1992.
`Q.
`Did you start computer programming at the University
`of Texas?
`No, sir. I did not. My father, who's an absolutely
`A.
`amazing man, learned -- and knew in the '70s that computers
`were going to be a big deal. And so he, much to my chagrin at
`the time when I was eight, made me go to computer camp. And so
`in 1978 I was beginning to program, and I've programmed pretty
`much since then nonstop.
`Q.
`Where did you go to work immediately after UT?
`A.
`Straight out of UT I went to a company called
`Andersen Consulting which is now Accenture. And one of the
`things I did there was I coded for the first two years, as many
`do when they start out at Accenture, especially back then. So
`I coded for a number of -- for two years then.
`Q.
`So you were a professional programmer for Andersen
`Consulting?
`A.
`I was. Yes.
`Q.
`And after that what did you do at Andersen
`Consulting?
`A.
`I moved up through the ranks; I was there for about
`12 years. Moved up through the ranks and began doing technical
`architecture work, then I became a program manager. And then
`by the time I had left, I had -- I was what we called a project
`executive which is a person who ran entire large, you know, big
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`engagements.
`Q.
`And what have you done since then?
`A.
`Since then I've moved around the big four -- big four
`style consulting, big technology consulting companies like
`BearingPoint, KPMG, Perot Systems, Navigant, et cetera, all the
`while doing technology consulting.
`Q.
`Two of your former employers are bolded on this
`slide. Why are BearingPoint and Dell/Perot Systems bolded?
`A.
`These are bolded because at this period of time I was
`actually hands-on building point-of-sale solutions for clients.
`And we'll talk about specifically which clients I was building
`those for in a bit. But that's what I was doing, was hands-on
`building pretty expansive point-of-sale solutions for clients.
`Q.
`And that would have been in the time frame from 2004
`to 2009?
`Yes, sir. Roughly. About 2005 to 2009.
`A.
`Tell me about your first point-of-sale project.
`Q.
`Sure. My first one was a company called Washington
`A.
`Mutual which is now owned by Chase Bank.
`(Clarification by Reporter.)
`BY THE WITNESS:
`A.
`My first implementation was for a company called
`Washington Mutual which is now Chase Bank. I was working for
`BearingPoint. One of the things Washington Mutual wanted to do
`was eliminate all the paper within their branch banking
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`

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