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d8a3e53a-e253-478f-a63c-c0552aaeba97
Wells Fargo Bank, N.A., et al. v. LaSalle Bank Nat'l Ass'n.Roy H. Owen
Mike Mobley Reporting 937-222-2259
Page 1
IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF OHIOWESTERN DIVISION* * *WELLS FARGO BANK, N.A.,et al.,Plaintiffs,vs. CASE NO. 3:07cv0449LASALLE BANK NAT'L ASS'N., VOLUME IDefendant.* * *Deposition of ROY H. OWEN, Witnessherein, called by the Defendant forcross-examination pursuant to the Rules of CivilProcedure, taken before me, Michelle A. Elam, aNotary Public in and for the State of Ohio, at theoffices of Sebaly, Shillito & Dyer, 1900 KetteringTower, Dayton, Ohio, on Tuesday, the 11th day ofNovember, 2008, at 9:11 a.m.* * *
Case 3:07-cv-00449-MRM Document 101 Filed 01/22/09 Page 1 of 70
 
d8a3e53a-e253-478f-a63c-c0552aaeba97
Wells Fargo Bank, N.A., et al. v. LaSalle Bank Nat'l Ass'n.Roy H. Owen
Mike Mobley Reporting 937-222-2259
2 (Pages 2 to 5)
Page 2
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EXAMINATIONS CONDUCTED PAGE
2
BY MS. FUHRER:........................ 9
34
EXHIBITS MARKED
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(Thereupon, Exhibit Number 152, a 23
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letter dated 9/25/08 from Attorney
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Snyder to Attorney Fuhrer, was
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marked for purposes of 
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identification.)......................
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(Thereupon, Exhibit Number 153, a 25
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letter dated 10/15/08 from Attorney
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Snyder to Attorney Fuhrer, was
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marked for purposes of 
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identification.)......................
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(Thereupon, Exhibit Number 154, the 26
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resume of Roy H. Owen, was marked
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for purposes of identification.)......
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(Thereupon, Exhibit Number 155, the 84
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second amended complaint, was marked
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for purposes of identification.)......
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(Thereupon, Exhibit Number 156, a 110
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complete appraisal in a summary
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report dated 1/8/07, was marked for
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purposes of identification.)..........
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Page 3
1
(Thereupon, Exhibit Number 157, 115
2
e-mail communication between Mr.
3
Herbig and Mr. Owen dated 7/24/07,
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Bates labeled CN006444 through
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CN006445, was marked for purposes of 
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identification.)......................
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(Thereupon, Exhibit Number 158, 117
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e-mail communication between Mr.
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Herbig and Mr. Owen dated 7/24/08,
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Bates labeled CN006391, was marked
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for purposes of identification.)......
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(Thereupon, Exhibit Number 159, a 119
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document labeled servicing status,
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Bates labeled CN1629, was marked for
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purposes of identification.)..........
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(Thereupon, Exhibit Number 160, 136
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e-mail communication between Mr.
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Brown and Mr. Owen dated 5/15/07,
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Bates labeled CN4735, was marked for
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purposes of identification.)..........
2122232425
Page 4
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APPEARANCES:
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On behalf of the Plaintiffs:
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Snyder Law Firm LLC
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By: Paul D. SnyderAttorney at Law
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11551 Granada, Suite 100Leawood, Kansas 66211
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On behalf of the Defendant:
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Kegler, Brown, Hill & Ritter
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By: Loriann Fuhrer
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Stephanie P. UnionAttorneys at Law
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65 East State StreetCapital Square, Suite 1800
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Columbus, Ohio 43215
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ALSO PRESENT:
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Stephen W. BrownSteven L. Wasser
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* * *
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Page 5
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THE COURT: Could I have appearances,
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please?
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MR. SNYDER: Your Honor, this is Paul
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Snyder. I'm here on behalf of the Plaintiff,
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Wells Fargo.
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MS. FUHRER: And, your Honor, Loriann
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Fuhrer and Stephanie Union on behalf of the
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Defendant.
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THE COURT: Where are you all?
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MS. FUHRER: We're in Dayton.
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THE COURT: Well, good. I was afraid
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you might be someplace where there wasn't an
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observation of Veteran's Day; but, no, okay. So
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what's the problem?
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MR. SNYDER: Well, your Honor -- this
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is Paul Snyder. We just have an issue. We're
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getting ready to commence the deposition of 
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Plaintiffs' corporate representative. His name is
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Roy Owen. And his deposition will be starting
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shortly. He's been designated to cover a number
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topics on the 30(B)(6) notice that Defendant has
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served on us.
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What we're -- the issue is that I
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would like to have, and believe we have the right,
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to have a representative of the party attend
Case 3:07-cv-00449-MRM Document 101 Filed 01/22/09 Page 2 of 70
 
d8a3e53a-e253-478f-a63c-c0552aaeba97
Wells Fargo Bank, N.A., et al. v. LaSalle Bank Nat'l Ass'n.Roy H. Owen
Mike Mobley Reporting 937-222-2259
3 (Pages 6 to 9)
Page 6
1
Mr. Owen's deposition. His name is Steve Brown.
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He's general counsel at Crown NorthCorp. And,
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again, it's our intent to have Mr. Brown attend
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Mr. Owen's deposition as a representative of 
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Plaintiff.
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The issue, and Ms. Fuhrer will
7
address this, is that Mr. Brown is also going to
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be a witness, a deposition witness, following
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Mr. Owen's deposition. But again, it's our
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position that we're entitled to have a
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representative of the party -- of Plaintiff attend
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Mr. Owen's deposition. So that's the issue. And
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I'll let Ms. Fuhrer address it as well.
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THE COURT: Okay.
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MS. FUHRER: Your Honor, the concern
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we have is that Mr. Owen himself has been the
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corporate representative in this case from the
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very beginning. He has attended all of the
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depositions as the corporate representative on
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behalf of the Plaintiff.
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Mr. Brown is a fact witness in this
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case, and I want to have the witnesses sequestered
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for the purposes of these depositions, as they
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would be at trial, and was not notified -- I
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didn't know until Mr. Brown walked in here today
Page 7
1
that the corporate representative has suddenly
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changed now that Mr. Owen is the one being
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deposed. But I do think that the corporate
4
representative has been established as Mr. Owen
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and there's not a right to switch that out here on
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the day of Mr. Owen's deposition with a new
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corporate representative who is also a fact
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witness in the case.
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THE COURT: All right. Well, there's
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been no order, nor has anybody sought an order to
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seal Mr. Owen's deposition so that the facts that
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he testifies to, and he's going to testify as a
13
30(B)(6) witness, so he's testifying on behalf of 
14
the corporation anyway, those facts will be
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available to Mr. Brown just as soon as Mr. Owen's
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deposition is transcribed. And I'm -- I can't
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recall another occasion when I've been presented
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with an order or requested to separate witnesses
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prior to trial.
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So that piece is overruled, and I
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also will overrule the objection to the
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substitution of corporate representative. I'm not
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aware that there's any requirement that at some
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point in time in litigation of this sort that
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the -- that a party designate -- for purposes of a
Page 8
1
30(B)(6) -- that a party designate a corporate
2
representative who then has to be a corporate
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representative at all future depositions. So
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Mr. Brown may attend.
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And I'd kindly ask the reporter to
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transcribe this portion of the discussion and file
7
it with the Court.
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MS. FUHRER: Thank you, your Honor.
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MR. SNYDER: Thanks very much.
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THE COURT: I'll be here all day if 
11
there's more problems.
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MR. SNYDER: Thank you. We hope not.
13
* * *
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Page 9
1
THE VIDEOGRAPHER: We're on the
2
record.
3
ROY H. OWEN
4
of lawful age, Witness herein, having been first
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duly cautioned and sworn, as hereinafter
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certified, was examined and said as follows:
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CROSS-EXAMINATION
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BY MS. FUHRER:
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Q. Good morning, Mr. Owen.
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A. Good morning.
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Q. If you would, please state your
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name for the record.
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A. Roy H. Owen.
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Q. And what is your business address,
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Mr. Owen?
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A. It is 150 West 82nd Street, New
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York, New York, 10024.
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Q. And your residence address?
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A. Is 150 West 82nd Street, New York,
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New York, 10024.
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Q. Have you been deposed before,
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Mr. Owen?
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A. I have.
24
Q. How many times?
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A. Two, three times, I think.
Case 3:07-cv-00449-MRM Document 101 Filed 01/22/09 Page 3 of 70
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