Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword or section
Like this
2Activity
P. 1
6/15/09 deposition given by Jason Moberly (Moberly v. UC Clermont et al)

6/15/09 deposition given by Jason Moberly (Moberly v. UC Clermont et al)

Ratings: (0)|Views: 3,058|Likes:
Published by dean

More info:

Published by: dean on May 25, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

10/26/2011

pdf

text

original

 
Case: 1:08-cv-00569-HJW-TSB Doc #: 11 Filed: 10/29/09 Page: 1 of
41
PAGEID #: 51
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF OHIOWESTERN DIVISIONJASON MOBERLY,Plaintiff,vs
Page 1
UNIVERSITY OF CINCINNATICLERMONT COLLEGE, et al.,DefendantsCASE NO.
1:
08-CV-00.569DEPOSITION OFTAKEN:
DATE:TIME:
PLACE:JASON MOBERLYBy the DefendantsJune 15,
200 9
Commencing at 9:10 a.m.Offices of:
Taft,
Stettinius & Hollister425 Walnut StreetSuite 1800Cincinnati, Ohio 45202BEFORERaymond E. SimonsonRegistered Merit ReporterNotary Public-State of Ohio
 
Case: 1:08-cv-00569-HJW-TSB Doc #: 11 Filed: 10/29/09 Page: 2 of
41
PAGEID #: 52
Page 2Page 4 i1 APPEARANCES:1EXHIBITS |2 On behalf of the
Plaintiff:
2 Moberly Exhibit Number Marked Referenced
i
3 MARC D. MEZIBOV, ESQ.of 34
1
7
2 10 34,1594 The Law Offices of Marc Mezibov5 3 13 - ^425 East Court Street6 4 21 112
l
5 Cincinnati, Ohio 452027 5 31 112 56 On behalf of the Defendants:86 41 119, 131 s
143,
148 |7 DANIEL J. HOYING, ESQ.96 41 119, 131 s
143,
148 |and8 DOREEN CANTON, ESQ.107 87 126 |of 9 Taft, Stettinius & Hollister LLP118 91 139425 Walnut Street9 93 139 10 Suite 180012
~.
Cincinnati, Ohio 45202
n
Also present: Ann Appleton1310 93 139 ICincinnati, Ohio 45202
n
Also present: Ann Appleton1311 104 127 I12 Kimberly Ellison 14
James McDonough 12 109 - |13 Ben Lindy 1514 13 138 140
15 STIPULATIONS16
1
16 It is stipulated by and among counsel1714 146 - -:17 for the respective parties that the deposition of JASON15 157 . 118 MOBERLY, the Plaintiff herein, may be taken at this1819 time by Counsel for the Defendants as upon1920 cross-examination pursuant to the Federal Rules of 2021 Civil Procedure; that the deposition may be taken in2122 stenotypy by the notary public-court reporter and2223 transcri bed by him out of the presence of the 2324
Plaintiff;
that the transcribed deposition is to be 24Page 3Page 5 |I submitted to the witness for examination and signature;1JASON MOBERLY
)
2 and that signature may be affixed out of the presence2of lawful age, a witness herein, being first duly swom |3 of the notary public-court reporter.453as hereinafter certified, was examined and deposed as |3 of the notary public-court reporter.454 follows: 165CROSS-EXAMINATION jINDEX6BY MR. HOYING: 77Q. Good morning, Mr. Moberly. My name is DanJASON MOBERLY PAGE8Hoying. I'm here with Doreen Canton. We represent the8CROSS-EXAMINATION BY MR. HOYING 9910University of Cincinnati and the individual Defendants.They're Kim Ellison, Dean McDonough, and Ann Appleton JEXAMINATION BY MEZIBOV 15711And then we are also joined by a summer associate at |1012our firm, Ben Lindy. ;1113Can you state your name for the record?1214
A. Jason Moberly.
13141515Q. And your date of birth?13141516
A. March 26th, 1980.
1617Q. We have a court reporter here today. So |1718to make his job easier, please answer my questions out
1819loud. Nodding or shaking your head, that won't be
1920212220reflected in the transcript. So try to answer with
1920212221"yes" or "no," instead of "um-hmm" or "uh-huh." |1920212222Wait for me to finish a question, and I =2323will try to wait for you to finish responding before I2424ask the next question. If you do not hear a question,
2 (Pages 2 to 5)
 
Case: 1:08-cv-00569-HJW-TSB Doc #: 11 Filed: 10/29/09 Page: 3 of
41
PAGEID #: 53
Page 6Page 8 ;1please ask me to repeat it. If you do not understand
1
Q. Have you had a chance to review the2it, please tell me, and I will rephrase the question in2Interrogatories that the Defendants sent to you? |3a way that you understand. Is that fair?3A.
Yes.
4A. Yes.
4
Q. And this is a copy of your responses?
5 Q. If you need to take a break or need to5A. Yes. ]6 step out to use the restroom or something like that,6MR. MEZIBOV: What are we calling this
7that's fine. I'll probably ask you to finish answering7 exhibit?
8 my question, but just ask me if you need to take a8MR. HOYING: I'm sorry. This is Moberly j9 break.9 Exhibit 1.
10Are you taking any drugs, alcohol, or10Q. You've had a chance to review the11 medication that would affect your ability to testify?
11
responses that you gave?12A. No. 12A.
Yes.
13Q. Okay. Any medical problems or conditions13Q. Are all the responses accurate? ;14that would prevent you from testifying truthfully and14A. Yes.
1
15 completely?15Q. Do you want to take a second to review
16A. No.16or- !17 Q. Any other problems that would impair your17
A. No, I'm fine.
18 ability to testify? Lack of sleep? Stress?18Q. The responses are accurate? 119A. No.
19A. (Witness reviewing document).
Okay.20 Q. Did you speak to anyone in preparation for20Q. If you look at the last page.
%
21this deposition, other than your attorney?21
A. (Witness reviewing document).
122A. No. 22Q. That's your signature on the verification23Q. Did you review any documents?23 page? j24
A. No, other than with my attorney.
24
A. Right.
Page 7Page 9 |1Q. Anything that's not been produced to the1Q. And you understand that, by signing, you
2University Defendants as far as you are aware?2are swearing to the truth of the answers? 13
A. No, I think they have everything.
3A. Yes. 14Q. Have you ever had your deposition taken
4
Q. If you can turn to InterrogatoryNo.4. j5 before?5A. (Witness reviewing
document).
1
6A. No.6Q. In this Interrogatory, the University 7Q. Did you give a deposition in the7Defendants have asked you to identify all legal 8dissolution-of-marriage proceeding?8proceedings, including bankruptcy, in which you have |9A. No.9been named as a witness, party, or charging party. Do10Q. Ever given any sworn testimony before?10you see that? 11
A. No, I don't even think that was.
11A. Yes. j12MR. HOYING: I'll mark this as the first12Q. You responded that you have been involved13 exhibit in the deposition.13in a single legal proceeding, a divorce dissolution 114MR. MEZIBOV: Dan, are we going to go14proceeding in Fayette County?
15consecutive? I don't know where we left off the15
A. Right.
|16 last time. 16Q, Have you ever been involved in any other 17MR. HOYING: I think we can start over -17 judicial proceedings, civil or criminal? !18you mean as far as deposition exhibits?18A. No. |19MR. MEZIBOV: Yes. 19Q. Never been involved in a criminal 20MR. HOYING: I don't know where we left20 proceeding? ;21off either. Let's start over again.21A, No. |22(Moberly Exhibit No.
1
was marked for22Q. Do you recall when you were employed by UC123 identification.) 23that you had to undergo a criminal records check? 124
A. (Witness reviewing document).
24A. Yes.
3 (Pages 6 to 9)

Activity (2)

You've already reviewed this. Edit your review.
1 thousand reads
1 hundred reads

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->