Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA804533
`
`Filing date:
`
`03/01/2017
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91210158
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Lundy Law, LLP
`
`MANNY D POKOTILOW
`CAESAR RIVISE BERNSTEIN COHEN & POKOT
`1635 MARKET ST , SEVEN PENN CENTER 12TH FLOOR
`PHILADELPHIA, PA 19103
`UNITED STATES
`trademarks@crbcp.com, mlozada@crbcp.com
`
`Testimony For Defendant
`
`Manny D. Pokotilow
`
`mpokotilow@crbcp.com, mjames@crbcp.com
`
`/s/MPokotilow
`
`03/01/2017
`
`H Schillinger Deposition Transcript 02 02 2017.PDF(147181 bytes )
`Schillinger Exhibit 50.PDF(33836 bytes )
`Schillinger Exhibit 51.pdf(1815532 bytes )
`
`
`
`ESTTA Tracking number:
`
`ESTTA804533
`
`Filing date:
`
`03/01/2017
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`91210158
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's e-mail
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`Lundy Law, LLP
`
`MANNY D POKOTILOW
`CAESAR RIVISE BERNSTEIN COHEN & POKOT
`1635 MARKET ST , SEVEN PENN CENTER 12TH FLOOR
`PHILADELPHIA, PA 19103
`UNITED STATES
`trademarks@crbcp.com, mlozada@crbcp.com
`
`Testimony For Defendant
`
`Manny D. Pokotilow
`
`mpokotilow@crbcp.com, mjames@crbcp.com
`
`/s/MPokotilow
`
`03/01/2017
`
`H Schillinger Deposition Transcript 02 02 2017.PDF(147181 bytes )
`Schillinger Exhibit 50.PDF(33836 bytes )
`Schillinger Exhibit 51.pdf(1815532 bytes )
`
`
`
` IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Page 1
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` LARRY PITT & ASSOCIATES, P.C. )
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` )
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` Opposer, )
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` )
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` vs. ) No. 91210158
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` ) A.S.N. 85/767/757
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` LUNDY LAW, LLP, )
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` )
`
` Applicant. )
`
` )
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` DEPOSITION OF HARLAN SCHILLINGER
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` Phoenix, Arizona
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` February 2, 2017
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` 9:07 a.m.
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` REPORTED BY:
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` YVONNE L. WHITEFIELD, CSR
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` Certified Court Reporter
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` Certificate No. 50611
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` VERITEXT LEGAL SOLUTIONS
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` MID-ATLANTIC REGION
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` 1801 Market Street – Suite 1800
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` Philadelphia, PA 19103
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`Veritext Legal Solutions
`215-241-1000 ~ 610-434-8588 ~ 302-571-0510 ~ 202-803-8830
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`
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` I N D E X
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`Page 2
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`WITNESS PAGE
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`HARLAN SCHILLINGER
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` EXAMINATION BY MR. POKOTILOW 4
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` EXAMINATION BY MS. LESSER 17
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` E X H I B I T S
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`Deposition
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`Exhibits Description Marked
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`Exhibit 50 Notice of Testimony Deposition 4
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` of Harlan Schillinger
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`Exhibit 51 Rebuttal Expert Report of 4
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` Harlan Schillinger
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` DEPOSITION OF HARLAN SCHILLINGER was taken on
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`February 2, 2017, commencing at 9:07 a.m. at the offices
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`of Bartelt Reporting, LLC, 111 W. Monroe Street, Suite
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`425, Phoenix, Arizona, before YVONNE L. WHITEFIELD, a
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`Certified Court Reporter in the States of Arizona and
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`California.
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`COUNSEL APPEARING:
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`Representing Opposer:
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` BAKER & HOSTETLER LLP
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` By: JACQUELINE LESSER, ESQ.
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` 2929 Arch Street
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` Cira Centre-12th Floor
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` Philadelphia, Pennsylvania 19104-2891
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`Representing Defendant:
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` CAESAR RIVISE, PC
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` By: MANNY D. POKOTILOW, ESQ.
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` 1635 Market Street
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` 12th Floor-Seven Penn Center
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` Philadelphia, Pennsylvania 19103-2212
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` HARLAN SCHILLINGER,
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`a witness herein, having been first duly sworn by the
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`Certified Court Reporter to speak the truth and nothing
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`but the truth, was examined and testified as follows:
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` EXAMINATION
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`BY MR. POKOTILOW:
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` Q. We're taking this deposition today pursuant to a
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`notice of testimony deposition of Harlan Schillinger,
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`which was for today.
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` Would you please mark this as Applicant's Exhibit
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`No. 50?
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` (Deposition Exhibit No. 50 was marked for
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`identification.)
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`BY MR. POKOTILOW:
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` Q. I'm showing you now Exhibit 51. Let's have it
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`marked first.
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` (Deposition Exhibit No. 51 was marked for
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`identification.)
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`BY MR. POKOTILOW:
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` Q. Is it correct that the exhibit I just put in
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`front of you, Exhibit 51, is a report that you did?
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` A. It is.
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` Q. Do you recall doing this rebuttal expert report?
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` A. I do.
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` Q. Do you recall who prepared this report?
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`Page 5
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` A. I do.
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` Q. Who did?
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` A. I did.
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` Q. Is it your understanding that this is a rebuttal
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`of an expert report that was done by Ross Fishman?
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` A. Yes. Correct.
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` Q. I'm going to offer Exhibit 51 into evidence.
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`Here is an exhibit that was marked -- this is an expert
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`report that was marked during a prior deposition of the
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`Opposer. And it's marked as Opposer's deposition Exhibit
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`2.
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` Would you please take a look at it? Is this the
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`report that you critiqued in your rebuttal expert report?
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` A. Where is the date on this? Yes, it is
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`(indicating).
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` Q. Would you please tell us what qualifications you
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`have to make this rebuttal report marked as Exhibit 51?
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` A. I have been in the advertising world for over 40
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`years. Most of my career has been spent well over 35
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`years specifically focused on personal injury law firm
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`marketing.
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` My associate and I very early on in our careers
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`started the first advertising agency for lawyers and built
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`the largest agency for lawyer advertising specifically
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`Page 6
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`focused towards personal injury. I have worked with well
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`over 500 lawyers and produced several thousands of
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`commercials.
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` I'm involved with a number of legal organizations
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`that surround marketing and lawyers and I am considered
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`one of, if not the most, knowledgeable people in the
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`business when it comes to lawyer marketing, and
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`specifically around personal injury law firms.
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` Q. What is your educational background in this area?
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` A. I have a business and advertising degree from
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`Cooper Union, school in New York. I finished in 1974. In
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`1975, I became a partner in a television advertising
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`company. And in 1979, we moved into the legal space, the
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`legal arena of making television commercials specifically
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`for personal injury lawyers.
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` And I have been in the forefront of legal
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`advertising since that time.
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` Q. Have you read recently your rebuttal expert
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`report of Harlan Schillinger?
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` A. I have.
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` Q. And did you need to make any corrections?
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` A. No.
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` Q. To the best of your knowledge, are all the facts
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`set forth in Exhibit 51 true and correct?
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` A. Yes, they are.
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` Q. Are you active in any professional organizations?
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` A. I am.
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` Q. Can you give me an idea what organizations?
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` A. I'm on the executive committee of the National
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`Trial Lawyers Association, which is the preeminent group
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`of attorneys in the United States specializing in personal
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`injury and criminal law. They have a total membership of
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`10,000 selected members.
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` I'm on the advisory board of PILLMA Marketing,
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`which is a group that specializes in lawyer marketing and
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`seminars, education and mastermind groups.
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` I have been --
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` Q. What is PILLMA?
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` A. Personal Injury Lawyers Legal --
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` Q. Marketing Association?
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` A. -- Marketing Association.
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` MS. LESSER: Objection.
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` THE WITNESS: It is a privately owned group that
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`has several thousand attendees throughout the seminars
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`that they put on. And they are a leading force in
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`educating lawyers to marketing. Specifically and only
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`personal injury lawyers.
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`BY MR. POKOTILOW:
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` Q. Do you have a position with the advisory board of
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`PILLMA?
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` A. Yes, I do. I'm on his -- I'm on Ken Hardison,
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`who is the president of the organization -- I'm on their
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`advisory board.
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` Q. And for how long have you done this?
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` A. I've been on PILLMA advisory board for at least
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`ten -- excuse me -- at least five years.
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` Q. And what is National Trial Lawyers Association?
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` A. National Trial Lawyers Association is an
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`organization of the top 5,000 trial lawyers in the United
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`States specializing in personal injury. They have a
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`separate group of criminal lawyers that are preeminent
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`lawyers in the criminal arena.
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` And it is an organization that revolves around
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`educating lawyers to legal skills and business
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`opportunities.
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` Q. Have you contributed as an author or writer to
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`the National Trial Lawyers Association?
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` A. Yes.
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` Q. What have you written for them?
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` A. I am a contributing editor in their business
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`advertising section and I have participated in each issue
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`that has been published since its inception, inception of
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`about seven years ago.
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` I hold and conduct seminars. I moderate their
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`yearly summit of lawyers where approximately 900 to 1100
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`lawyers attend.
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` I am on their executive committee that puts many
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`of their functions together. And I am involved in guiding
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`the organization.
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` Q. It states in your report, Exhibit 51, that over
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`the last ten years, you published more than 200 specific
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`e-mails sent to over 5800 personal injury firms throughout
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`the country.
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` Can you explain what you mean by this?
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` A. Yes. I had a very consistent presence in front
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`of a database, a hand-picked selected database of premiere
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`personal injury lawyers, that I would write an e-mail
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`newsletter, a blog completely focused on advertising and
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`education on best practices revolving advertising
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`specifically in a personal injury arena.
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` I would put out my information through my former
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`firm, Network Affiliates, on a biweekly basis. And I
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`would say that 200 would be conservative and it probably
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`reached somewhere around 8,000 lawyers every other week.
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` Q. As I recall, you retired last year from your
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`position as vice-president and director of marketing for
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`Network Affiliates, Inc. What is your present occupation?
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` A. My present occupation is I am a consultant. I am
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`representing several law firms around the country, and one
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`in particular I am spending perhaps 90 percent of my time
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`focused specifically on their marketing.
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` Q. What firm is that?
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` A. My key client is Glen Lerner injury attorneys.
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` Q. What is Glen Lerner in the personal injury field?
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` A. He is one of the most significant and dominant
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`players, firms, advertisers in the United States.
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` Q. And what do you do for these firms?
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` A. I advise them on their advertising; I vet all of
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`their vendors; I bring a team of vendors and team of
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`advertising professionals that work for the firm together;
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`I provide leadership, guidance, advice, technique. And my
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`main goal is to help them increase, solidify and continue
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`their business.
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` Q. Earlier you stated that you prepare ads for
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`personal injury firms. Can you give us an idea of what
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`specific advertisement you've done?
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` A. Are you asking me for the names of the clients
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`that I have worked for?
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` Q. Just what types of ads are they?
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` A. I specifically focus on print, television,
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`billboard, Yellow Pages, Internet social media and public
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`relations.
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` Q. What type of knowledge do you have of the inner
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`workings of such personal injury practices?
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` A. I have made it my business to know the inner
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`workings of a personal injury practice so that you know
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`how it functions, how it relates to their clients, the
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`psychology behind what they do, the way the paper flows,
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`basically, the way the business runs.
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` I am not a lawyer. I do not get involved in the
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`legal issues of the firm, but I have associated myself
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`with every aspect of the firm so that I understand each
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`and every aspect of a law firm so that I can sell an
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`expression stressing their marketing in the most
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`productive and professional manner.
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` Q. While you were at Network Affiliates, how many
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`personal injury firms were you working with as a
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`consultant for marketing in the past year?
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` A. When I retired from Network Affiliates the end of
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`March, beginning of April, we had 96 -- we represented 88
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`clients in 96 markets.
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` Q. Have you been a speaker at any of the personal
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`law firm associations?
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` A. I have on many occasions.
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` Q. Is there anything else you would like to share
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`with us about your career as a marketing advertising
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`consultant for personal injury law firms?
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` A. I have made it my mission to thoroughly
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`understand all aspects of legal marketing. By doing so,
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`I'm able to take a good look at a practice and understand
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`how each and every element of marketing works.
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` I'm very adamant about understanding the process
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`in which firms advertise, their relationships with their
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`clients and how the public perceives the firm.
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` Q. Now, I would like to focus on Lundy Law's
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`advertising. During your years that you've been active in
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`marketing and advertising, have you ever seen another firm
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`other than Lundy Law use the words or service
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`mark "remember this name" in an advertisement for personal
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`injury services?
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` MS. LESSER: Objection.
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`BY MR. POKOTILOW:
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` Q. It's the way I phrased it. You can answer the
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`question. Don't worry.
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` MS. LESSER: I'm going to make objections, but
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`you continue.
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`BY MR. POKOTILOW:
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` Q. You just continue as if she wasn't here.
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` A. I have not. I have never seen that terminology
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`used by a law firm.
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` Q. In Mr. Fishman's report and in his transcript of
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`deposition that I gave you which had confidential matter
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`removed, did you see any evidence that another firm has
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`used the mark "remember this name" for any legal services?
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` A. I did not.
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` Q. Do you believe the advertisements pointed to in
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`his report starting at page 7 are analogous to the matter
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`in which Lundy Law uses "Remember this name" in the Lundy
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`Law ads?
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` A. I do.
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` Q. You do? In what respect?
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` A. The words "remember this name" in my professional
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`opinion is a trademark. It is important, it is a
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`reference and in using the words "Lundy Law" it is a
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`trademark as well.
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` Q. How does that make it analogous to those ads?
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` A. Well, in these ads they all do have some type of
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`a slogan or a trademark or a usage of a word to get
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`somebody's attention.
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` The uniqueness of "remember this name" is not
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`being used in the other ads. And I do find it to be used
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`uniquely in the Lundy ads.
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` Q. So in that respect, it's not analogous?
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` A. Yes, correct, it's not analogous. I was
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`referring to the terminology that's used throughout
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`Mr. Fishman's examples.
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` Q. Okay. Such as "injured" being in there, which is
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`a descriptive word?
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` MS. LESSER: Objection.
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` THE WITNESS: "Injured" is a very commonly used
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`word in every bit of advertising in personal injury.
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`BY MR. POKOTILOW:
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` Q. And also the name of the firm is usually used in
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`Page 14
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`the advertisements?
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` A. Correct.
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` Q. As well as their telephone number?
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` A. Correct.
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` Q. Can you explain why you consider these different
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`from the Lundy Law ads?
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` A. In my opinion, there's nothing unique and there's
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`nothing that separates these examples to the public.
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`They're using words such as injured, have you been injured
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`in an accident, and those words are used in every single
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`ad that I've ever seen.
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` The uniqueness of what Lundy has brought to the
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`table is that it is unique because I have never seen it
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`before. In my research, I have never found it before.
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`Using those simple words makes a statement and it is a
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`trademark.
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` It is synonymous with Lundy Law. And for that
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`reason, I believe it's a very unique phrase.
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` Q. Can you give me your opinion about how the
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`mark "remember this name" is perceived by potential
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`purchasers of personal injury law firm services?
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` MS. LESSER: Objection.
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` THE WITNESS: I believe that is a statement that
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`is a call to action. It is a statement that is remembered
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`and it is a statement that is a call to action towards
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`Lundy Law. It goes hand-in-hand. It works well with it.
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` I think it's unique and I think it puts that
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`issue very squarely in the prospects' mind what to do.
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`BY MR. POKOTILOW:
`
` Q. Do you believe that the words "remember this
`
`name" serve as a source identifier which distinguishes
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`Lundy Law services?
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` A. I do.
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` MS. LESSER: Objection.
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`BY MR. POKOTILOW:
`
` Q. Prior to reading Mr. Fishman's amended expert
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`report, had you ever heard of Mr. Fishman?
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` A. No, I have not.
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` Q. Do you believe that would be unusual if he was
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`working with personal injury firms?
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` MS. LESSER: Objection.
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` THE WITNESS: It would be unusual because it is a
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`small market. It is a tight-knit group of people that are
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`associated with personal injury because it is a very small
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`category in relationship to general law advertising. And
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`I have made it my business to know who is doing what, who
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`excels and whose services are available.
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`BY MR. POKOTILOW:
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` Q. In your report on the bottom of page 10, there is
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`an advertisement of Montlick & Associates, which is
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`included and that was one of your clients; is that
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`correct?
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` A. That is correct.
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` Q. Is the Montlick & Associates ad a typical or an
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`atypical ad?
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` A. It's a typical ad.
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` Q. Do you believe that "remember this name" helps
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`with the recognition of Lundy Law as the source of the
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`name to go to for legal services?
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` MS. LESSER: Objection.
`
` THE WITNESS: I do.
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`BY MR. POKOTILOW:
`
` Q. Do you believe the word "remember this name"
`
`distinguishes Lundy Law as the source of the legal
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`services from others?
`
` A. I do.
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` MS. LESSER: Objection.
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`BY MR. POKOTILOW:
`
` Q. Do you agree with the conclusion of Ross Fishman
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`on page 13 of his report that "remember this name" would
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`not identify the phrase with any particular company or law
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`firm?
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` A. Would you repeat the question?
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` Q. Do you agree with the conclusion of Ross Fishman
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`on page 13 of his report that "remember this name" would
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`not identify --
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` A. I disagree with Mr. Fishman.
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` Q. What I was going to say is, do you agree
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`that "remember this name" would not identify with any
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`particular company or law firm?
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` A. I disagree with that.
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` Q. I offer Applicant's Exhibits 50 and 51 marked at
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`this trial deposition marked into evidence in this case.
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`And I have no further questions. Off the record.
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` (Discussion off the record.)
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` EXAMINATION
`
`BY MS. LESSER:
`
` Q. Good morning, Mr. Schillinger.
`
` A. Good morning.
`
` Q. When were you retained to provide your rebuttal
`
`expert report?
`
` A. Excuse me?
`
` Q. When were you retained by Mr. Pokotilow or Lundy
`
`Law to provide your rebuttal expert report?
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` A. I don't recall the exact date. It was in the
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`fall of 2000 -- excuse me. It was in the summer of 2016.
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` Q. Were you provided with any materials at that
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`time?
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` A. Just the report.
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` Q. Were you provided with any other materials about
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`Page 18
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`Lundy Law?
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` A. No.
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` Q. Were you at that point in time familiar with the
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`law firm Lundy Law?
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` A. Somewhat.
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` Q. And how were you familiar with the law firm Lundy
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`Law?
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` A. They have a dominant practice in the world of
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`personal injury. I knew of the firm. I have admired
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`their advertising or noticed their advertising, I will
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`say. They've been in the business for a very, very long
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`time and they're an advertiser in Philadelphia.
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` Q. Do you do work with law firms in Philadelphia?
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` A. My firm did have a client in Philadelphia, yes.
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` Q. Who was that client?
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` A. It was Stark and Stark. Network Affiliates, my
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`former firm, still works with them.
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` Q. Is that how you became familiar with the firm
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`Lundy Law?
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` A. That is one of the ways I was familiar with them.
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` Q. What are the other ways?
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` A. Just from knowing them and understanding and
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`Page 19
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`studying advertising.
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` Q. So what do you mean by knowing them and studying
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`them and understanding advertising?
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` A. I've come across them before as a known
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`advertiser.
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` Q. When would that be?
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` A. A standout advertiser. I've known of the firm
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`for probably 20 years.
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` Q. You mentioned that you have a degree in
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`advertising from Cooper Union; is that right?
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` A. Yes.
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` Q. Is that a terminal degree or a certificate?
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` A. I would say it's a terminal degree.
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` Q. My grandfather went to Cooper Union. I thought
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`you could get an engineering degree and architecture
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`degree.
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` A. Yes.
`
` Q. I didn't realize they had advertising degrees.
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` A. Marketing and art.
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` Q. Marketing and art.
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` A. Yes.
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` Q. You said that you are considered one of the most
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`knowledgeable people in the world of PI advertising; is
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`that right?
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` A. Correct.
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` Q. Considered by whom?
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` A. Considered by the industry; considered by a
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`number of affiliations.
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` Q. Okay. And are all those affiliations indicated
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`in your report?
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` A. I believe they are.
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` Q. Okay. So that would be PILLMA and the National
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`Trial Lawyers Association and the American Association for
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`Justice in M & L market?
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` A. Correct.
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` Q. Are there any other organizations in the space of
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`personal injury lawyers?
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` A. I'm sure there are.
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` Q. But you're not a member of any of those?
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` A. I listed those five because they are the most
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`respected and most prominent and most active.
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` Q. You said that PILLMA is a privately owned
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`company. What do you mean by that?
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` A. It is owned by and started by a gentleman named
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`Ken Hardison.
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` Q. Do they pay you?
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` A. No.
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` Q. What services do they provide?
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` A. They conduct seminars for lawyers; they conduct
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`mastermind groups for lawyers.
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` Q. What's a mastermind group?
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` A. A mastermind group is when a group of lawyers get
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`together in a confidential basis and exchange information,
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`share information and learn from each other.
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` Q. About what?
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` A. Marketing.
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` Q. Okay. So this is really exclusive to the PI law
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`firm scenario?
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` A. Correct. I'm sure that there are mastermind
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`groups in other arenas in the world but in reference to
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`this, yes, personal injury.
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` Q. What kind of information do they share?
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` A. They share messaging, they share intake in
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`conversion techniques; they share every facet of the
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`practice with the exception of practicing law.
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` Q. Okay. What is messaging?
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` A. Messaging is what you say to the public to
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`express who, what and how you -- who you are.
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` Q. And what does a personal injury law firm want to
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`say to the public? What's the message?
`
` A. The overall message is you've been injured, we
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`can help you.
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` Q. How do you get that across?
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` A. There's a lot of ways to get it across. The most
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`common way is putting the accident in somebody's mind,
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`you've been injured, we can help, call us, we're
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`knowledgeable. There's a number of ways to promote
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`yourself and you promote yourself on your attributes, what
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`you do for a living.
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` Q. You mentioned you do billboard advertising or you
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`have in the past?
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` A. Yes.
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` Q. Are there any particular components of billboard
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`advertising?
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` A. There are.
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` Q. And what are they?
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` A. Billboard advertising consists of a very brief,
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`very to-the-point, very memorable message.
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` Q. Okay. What's that message generally?
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` A. Generally it is your name, your trademark, your
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`slogan, your phone number and your call to action.
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` Q. What's a call to action?
`
` A. Call to action is getting somebody to do
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`something.
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` Q. Like to call you, to remember you?
`
` A. Call me to remember me.
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` Q. Now, you mentioned that a billboard will have a
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`trademark. Are you a trademark attorney?
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` A. I am not.
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` Q. Do you know what a trademark is?
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` A. I believe I do.
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` Q. And in your words, what is a trademark?
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` A. A trademark is a statement that is associated
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`with your product.
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` Q. So if you're not a trademark attorney, how would
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`you know what a trademark is?
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` A. I think that common knowledge in the industry and
`
`what we do for a living has educated us, has educated me.
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` Q. So if you're in the marketing industry, you would
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`know what a trademark is; is that your impression?
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` A. We should know what a trademark is because it is
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`used very commonly.
`
` Q. Now, you had mentioned that you thought the
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`phrase "remember this name" was unique based on your
`
`research; is that right?
`
` A. Yes.
`
` Q. What research did you do?
`
` A. Internet research primarily, looking through each
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`and any periodicals that I could find, looking through --
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`I did a search of -- there's approximately 3000 lawyers
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`that advertise in the United States.
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` I had access to who they are, what markets
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`they're in and how much money they put towards their
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`advertising and then took -- I researched the majority of
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`them, almost all of them, actually, to see what they were
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`saying, how they were saying it, look at their television
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`commercials and specifically look at their Internet
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`presence.
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` Q. Did you include any of those materials in your
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`expert report?
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` A. I did not.
`
` Q. Why not?
`
` A. I did not.
`
` Q. Why not?
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` A. I allowed my statement to stand on its own.
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` Q. Do you have any of those materials at home or in
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`your office that would show the research that you had
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`done?
`
` A. I have them on my laptop. I'm sure I could
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`research my former searches. It was some time ago.
`
` Q. But you didn't present that to Mr. Pokotilow when
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`you put together your report?
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` A. I did not. They were put together in my own
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`private notes in doing my own homework.
`
` Q. Did you write this report or did Mr. Pokotilow
`
`write this report?
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` A. I did.
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` Q. Now, you mentioned that "remember this name" is a
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`call to action for Lundy Law; is that right?
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` A. Yes.
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` Q. What is a call to action?
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` A. Call to action is a statement to get somebody to
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`do something.
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` Q. Okay. To get somebody to remember the name Lundy
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`Law; is that right?
`
` A. Yes.
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` Q. If I had an ad that just said "remember this
`
`name" but didn't have any name of any law firm, would you
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`think that was a good advertisement?
`
` A. No.
`
` Q. Why not?
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` A. It's not associating the name of who you wanted
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`to remember.
`
` Q. Okay. So you would necessarily need the name of
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`the law firm then?
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` A. I would encourage my clients to enjoin the name,
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`yes.
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` MS. LESSER: I don't have any further questions.
`
` MR. POKOTILOW: I'm through.
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` (Whereupon, the deposition concluded at
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`9:42 a.m.)
`
` HARLAN SCHILLINGER
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`Page 26
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`STATE OF ARIZONA )
`
` ) ss.
`
`COUNTY OF MARICOPA )
`
` I HEREBY CERTIFY that the foregoing deposition
`
`was taken by me pursuant to Notice; that I was then and
`
`there a Certified Court Reporter for the State of Arizona,
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`and by virtue thereof authorized to administer an oath;
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`that the witness before testifying was duly sworn by me to
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`testify to the whole truth and nothing but the truth;
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`pursuant to request, notification was provided that the
`
`deposition is available for review and signature; that the
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`questions propounded by counsel and the answers of the
`
`witness thereto were taken down by me in shorthand and
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`thereafter transcribed through computer-aided
`
`transcription under my direction, and that the foregoing
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`typewritten pages contain a full, true, and accurate
`
`transcript of all proceedings had upon the taking of said
`
`deposition, all done to the best of my skill and ability.
`
` I FURTHER CERTIFY that I am in no way related to
`
`nor employed by any of the parties hereto, nor am I in any
`
`way interested in the outcome hereof.
`
` DATED at Phoenix, Arizona, this 6th day of
`
`February, 2017.
`
`
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