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NEVADA COMMUN1CATlONS v COLUMB1AJHCA

I P~el

1 IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT

2 IN AND FOR MANATEE COUNTY,

STATE OF FLORIDA, CIVIL DIVISION

10

11

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NEVADA COMMUNICATIONS CORP.

S Plaintiff,

6

:CASE NO. :98 CA 3039

VS.

7 COLUMBIA/HCA HEALTHCARE CORP.

Defendant.

8

9 COLUMBIA/HCA HEALTHCARE CORP.

Counterplaintiff,

VS.

NEVADA COMMUNICATIONS CORP., 12 ET AL.

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14
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i 15
\ 16
17
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! 19
20
21
22
23
24
25
7/3 WOOD Counterdefendants.

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o E P 0 SIT ION

The deposition of RICHARD SCOTT was taken pursuant to Notice at the law offices of Finn Dixon & Herling, One Landmark Square, Stamford, Connecticut, before viktoria V. Stockmal, a Notary Public in and for the State of Connecticut, on Thursday, July 27, 2000 at 10:15 a.m.

***THIS TRANSCRIPT CONTAINS MATERIAL THAT*** *** WILL BE DEEMED CONFIDENTIAL ***

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SANDERS, GALE & RUSSELL 1-800-824-4541

NEV ADA COMMUNICATIONS v COLUMBINHCA

July 27,2000

I ,\PPEA~"'~C€S'

2 AITOit,<E"YS FOR ~~V."OA CO~I~IU:;ICAnON~

1 JOIINSON. BL\~ELY. roPE. BO~O~ Rt!PPE1. '" Sl'RNS. P A

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• IIV ROa EUV POTIER, 1ft. F.50

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ATTORNEYS FOR SA.\IV~L GRECO TlI0M9tSV'" IIANES

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sv: STEVEN,\ STEINBACH. ESO

Page 5

I I have provided him with 11 card

2 which indicates the response to the question you J just asked. He can read tl1:11 every time, but it

4 rnight be preferable 10 speed it up if you just

5 permit him to say "same answer" ill response to 6 each of the questions that you read. But at

7 least in resp,0nse \0 your first question,

S Mr. Scott, If you could nt [east respond to tb,l! 9 question.

10 BY HIE WITNESS:

I ! A Upon advice of counsel, I respectively 12 decline to answer the question t>y asserting Illy

! 3 ri~hlS and privileges under the Fifth Amendment 14 01 the U.S. Constitution.

15 MR. POTIER: I think for purposes

!6 of the record and the potential future usc of 17 this transcript it's going 10 work better ithc

18 asserts it in response to each question. Ithink 19 iI'S just going to flow better for us.

20 MR. STEINBACH: You want him to

21 read the card each time?

22 MR. POTIER: Yes.

23 MR. STEINBACH: It's up 10 you.

24 Again, if you want to shorten that at any time, 25 that's entirely up to you.

1 1

1 1

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Page 3 1 RICHARD L. SCOTT

2 100 First Stamford Place, Slam ford, Connecticut, 3 06902

4 called as a witness, having been first duly

5 sworn by Viktoria V. Stockmal, a Notary

6 Public in and for the State of Connecticut,

7 was examined and testified as follows:

8 MR. POTIER: Did you wan I to··

9 MR. STEINBACH: Thank you,

10 Mr. Potter. As we discussed before the

11 deposition, I would like to mark-s however you 12 want to mark it·· as an exhibit a letter that!

I J wrote las t week to Marion Hale of Mr. Potter's 14 firm setting forth conditions under which the

15 deposition confidentiality will be maintained. I 16 would like to mark it and have it included as

[7 part of the transcript rather than me reading it

IS right now. But I assume, Mr. Potter, that you

19 are agreeable to the conditions reflected in this 20 letter? 21 22 23 24 25

!'vfR. POlTER: Yes, I urn, And we w'll) )\15\ go ahead and mark this as Exhibit I without designatlng a party 0 r an ything. (Deposition Exhibit I was marked for identification: Letter setting

Page 6

1 MR, POlTER: I don't think it's

2 going to take very long. I'm going to ask my

3 questions, he's going to assert the privilege and 4 we will move on with our lives.

5 BY MR. POTI'ER:

6 Q Mr. Scott do you have any knowledge

7 regarding the national telecommunications

it agreement entered into between ColumbialHCA and 9 the Nevada Communications Corporation?

10 A Upon advice of co unset, I respectively

11 dec line to answer the question by asserting my 12 rights and privileges under the Fifth Amendment 13 ofthe U.S, Constitution.

14 Q Do you have any knowledge as to why

15 ColumbialHCA refused to honor the national 16 telecommunications agreement with Nevada 17 Communications Corporation?

18 A Upon advice 0 f counsel, I respectively 19 decline to answer the question by asserting my 20 rights and privileges under lhe Fiflh Amendment 21 of the U.S. Constitution.

22 Q I'm going 10 hand you, sir, an exhibit

23 which has been marked as Deposition Exhibit 2.

24 (Deposition Exhibit 2 was marked

25 for identification: National

~----------------------------------------~------------------------------------------~:

Page 4

1 forth conditions of deposition.)

2 MR. STEINBACH: Thank YO(1.

J DIRECT EXAMINATION

.j BY MR. POlTER:

5 Q Sir, would you slate your name for the

{, record?

7 A It's Richard Lin Scott.

R () Are YOII employed?

9 MR. STEINBACH: If I can

iO interject Under norma! circumstances :VIr. Scot! l I would be pteascd to answer that question and

! 2 other questions that you pose toduy,

fJ Unfortunately because ofllic pendency ofa number I~ of criminal invcsugations relating to Columbia

15 around the country, he's going to follow my

16 advice. out ofprudence, assert his

! 7 consrlturional privilege against giving testimony I H against himself. I just would like to note for

1<) the record assertion of that privilege is not an

20 indication of~ny Built. Supreme Court itself

21 has stated that, quote. the privilege serves 10

22 protect the innocent: and I would counsel

23 Mr. Scott he will, with my advice, follow that

2·1 counsel to assert the F ifth Amendment response to ~5 any questio n that you propose.

Page 7

I telecommunications agrcemcnt.j

2 BY MR. POTfER:

3 Q I hand you Deposition Exhibit 2. sir

~ and tell me i r you have ever seen this document 5 before.

6 /I. Upon advice (J r counsel. I respectively 7 decline to answer the question by asserting my

K rights and privileges under the Filth Amendment 9 of me U.s. Constitution.

10 (Deposition Exhibit 3 was marked

II for idcntlfication: Joint venture

12 agreerncnt.)

13 BY \1R. POTTER:

1'1 Q Ne:-;I sir! will manned vou what has 15 hccn marked as Deposition Ex!iihit 3 and it's

16 titled joint venture ugrcerncru and my 9uc~tion. 17 sir, is have yOU seen that document before"

18 ,\ Upon advice of counsel. I respectively

19 decline to answer the question by assening my 20 rights and privileges under the FiHh Amendment 11 ofthe U.S. Constitution.

22 Q Next I'm going to hand you what has

. 23 been marked as Deposition Exhibit 4 and ask you.

II 24 sir, have you seen that document before?

25 {Deposition Exhit>it 4 was marked

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7/31;2000

SANDERS, GALE & RUSSELL 1·800·824·4541

NEVADA COMMUNICATIONS v COLUMBIA/HCA

July 27, 2000

Page g Page II I
I for idcruification: Document.) 1 exclusive right to provide billing services') 1
2 BY THE WtTNESS: 2 A Upon advice or counsel. [ respectfully ,
J A Upon advice of counsel, I respectively 3 decline to answer tile question by asserting my Ii
~ assert my rights and privileges under the Finh 4 rights and privileges under the Fifth Amendment
5 Amendment of the U.S. Constitution. S ofthe U.S. Consttnuion, ;
6 MR. STEINBACH: Respectfully. 6 Q Do you have any facts or knowledge I
7 THE WITNESS: What did 1 say'! 7 indicating why CnlumbiaJHCA breached the national 1
8 MR. STEINBACI1: Respectively. 8 telecommunications agreement by tlliling to grant ~
9 BY MR. POTIER: 9 the exclusive right to Nevada Communicarions to !.
10 Q With respect to Exhibits 2.:1 and 4, 10 direct long distance calling services'? ,
II sir, did you haw any involvement in the [I A Upon advice of counsel, I respectfully A
,
12 negotiations of those agreements? 12 declined to answer the question by asserting my J

13 A Upon advice of counsel, 1 respectfully 13 rights and privileges under the Fifth Amendment A
14 decline to answer the question by asserting my l-l of the U.S. Constitutlon. ~
\ 5 rights and privileges under the Fi fth Amendment 15 Q Do you have any facts or knowledge J
16 of the U.S. Constitution, 16 indicating why ColumbiDlBCA breached the national ,
17 Q Do you have any facts or knowledge 17 telecommunications agreement by failing to grant
\ Y, indicating why ColumblllJHCA failed to fulfill its 18 Nevada Communications the exclusive right to
19 duties and responsibilities under the national 19 provide direct-dial long distance services')
20 telecommunications agreement which has been 20 A Upon advice 0 f counsel, I respectfully
21 marked as Exhibit 21 21 declined (0 answer the question by asserting my
22 A Upon advice of counsel, I respectfully 22 rights and privilel;les under the Fi fih Amendment
23 dec fine to answer the question by asserting my 23 of the U.S. Constitution.
24 rights and privileges under the Fitlh Amendment 24 Q Do you have any facts or knowledge
2S of'the U.S. Constitution. 25 indicating why Columbia/HeA breached the national
,
Page 9 Page 12
I Q Do you, sir, have IDly knowledge of a 1 telecommunications agreement by railing to grant
2 meeting in which Columbia representatives asked 2 Nevada Communications the exclusive right to
3 Nevada Communications to substantially modify the 3 manage calling card services?
4 national telecommunications a~reemenl which has 4 A Upon advice of counsel, I respectfully t
5 been marked as Deposition Ex [bit 27 5 decline to answer the question by asserting my
6 A Upon advice of counsel, I respect fully 6 rights and privilellcs under the Fifth Amendment
7 decline to answer the question by asserting my 7 or tile U.S. Constitution. ~
8 rights and privileges under the Fifth Amendment 8 Q Do you have any facts or knowledge 'j
9 of the U.S. Constitution. 9 indicating why ColurobiaIHCA breached 111e national ,
10 Q Did you, sir, have any participation 10 telecommunications agreeme nt by failing 10 pay 1
II in the decision 10 ask for a substantial It Nevada Communications for telecommunication
12 modification to the national telecommunications 12 services? ~!
13 agreement which is marked as Exhibit 2? 13 A Upon advice of counsel, I respectfully
[4 A Upon advice of counsel, ! respectfu lly 14 decline to answer the question by asserting my
15 decline to answer the question by asserting my 15 rights and privileges under the Fifth Amendment I
16 rights and privileges under the Fifth Amendment 16 of the U.S. Constitution. .'
17 of the U.S. Constitution. 17 Q Do you have any facts or knowledge
18 Q Did you, sir, have any particlpation 18 indicating why ColumbiaJHCA breached its contract i
19 in the decision not to·· Let me buck oft \9 with Florida Software by failing \0 give Florida
20 Did you have any participation in the 20 Software exclusive claims processing rights to
21 decision on the part of Columbia not to honor the 21 various ColumbialHCA hospitals?
22 national telecommunications agreement wh ich is 22 A Upon advice of counsel, I respectfully
23 marked as Exhibit 27 23 decline \0 answer the question by asserting my
24 A Upon advice or counsel, i respectfully 24 rights and privilc\l-es under the Fifth Amendment !
25 decline to answer the question by asserting my 25 of the U. S. Constitution, ,
;
Page 10 Page 13
I rights and privileges under tne Fifth Amendment ! Q Do you have any facts or knowledge
2 of the U.S. Constitution. 2 indicating why Columbiwl-lCA breached its contract
J Q Do you. sir, have any facts or 3 with Florida Software by fulling allow Florida
4 knowledge indknting why Columbia/fICA breached 4 Software to install its claims processing system
5 the 1I(1\ional telecommunications agreement which 5 in various Columbia hospjtals?
6 has been marked as Exhibit 2 by failing to grant 6 A Upon advice of counsel, ! respectfully
7 Nevada Communications the exclusive right 10 7 decline 10 answer the question by asserting my
8 manage all Columbia telecommunications services? 8 rights and privi!e~es under the Fifth Amendment ;
9 A Upon advice of counsel, I respectfully 9 of the U.S. Constitsuion.
]0 decline to answer the question by usscrting my 10 Q Do you have anr facts or knowledge
I t rights and privileges under the Filth Amendment II indicating why CoiumblalHCA breached its contruct
12 ofthe U.s. Constitution. !2 with Florida Software by failing 10 assist
13 Q Do you, sir, have any f.1Cts or 13 Floridu Software in lnstalling its claims
(·1 knowledge indicating \"hy Columbia/rICA breached 14 processing system in various Columbia hospitals?
15 the national telecommunications agreement by 15 ,\ Upon advice of counsel I respectfully
16 failing (0 grant the exclusive right to provide 16 decline to answer the question by asserting my
17 operator services to Nevada Connnunications' 17 rights and privileges under the Filth Amendment
18 A Upon advice of counsel, 1 respectfully III of the U.S. Constitution. ;
19 decline to answer the question by asserting 111)1 l~ Q Do you have ally facts or knowledge
20 riahts and rivilcues under the Fitllt Amendment I 20 indicmin wh Cohnnl1i,i/IKA hreacncd its c,lnlf'lCl ~ r ~

21 oftbc U.S. Cnnstitutio«,

22 Q Do you, sir, have any tucts or

23 knowledge indicllting why CUIUlllbio/HCi\ breached 24 the narional tclecommunications agreement by

25 t~iJing to grant Nev;ld a Communications the

g Y :! I wkh Florida Sollwurc by failing to allow Florid. 21 Sotlware to process and rransm i t cl aims from

2:1 various Columbia hosplt .. Is?

~4 i\ Upon advice of counsel, 1 respectfully ~5 decline 10 answer the question hy asserting my

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SANDERS, GALE & RUSSELL 1·800·824·4541

NEV ADA COMMUNICATIONS v COLUMBIA/HCA

July 27, 2000

Page 14

I rights and privileges under ihe Fifin Amendment 2 orthe U.S. Constitution.

3 Q Do you have any facts Of knowledge

4 indicating why Columbia/BCA breached its contract 5 with Florida Software by failing to timely pay

6 Florida Software's invoices for claims processing 7 services?

8 A Upon advice of counsel, I respectfully

9 decline to a!ISWCr the question by asserting my 10 tights and privileges under the Fifth Amendment 11 of the U.S. Constitution.

12 Q Do you, sir, have any facts or

13 Knowledge indicating why ColumbialHCA breached 14 its contract with Receivable Dynam ics

IS lncorporated by failing to allow Receivable 16 Dynamics Incorporated to install its claims

17 processing system in various Columbia hospitals? \\1, A Upon advice of counsel, I respectfully

19 decline to answer the question by asserting my

20 rights and privileges under the Fifth Amendment 21 of the U.S. Constitution.

22 Q Do you have any facts or knowledge.

23 sir. indienling why Columbia/HCA breached its 24 contracr with Receivable Dynamics by failing to 25 timely pay Receivable Dynamics invoices?

Page 15

1 A Upon advice of counsel, I respectfully

2 decline to answer the question by assert manage 3 rights and privileges under the Fifth Amendment 4 of the U.S. Constitution.

S Q Do you have any facts or knowledge

6 indicating why ColumbiaIHCA breached its contract 7 with Norman Dobiesz regarding patient lnformarion & services otherwise known as pies?

9 A Upon advice of counsel, I respectfully 10 decline to answer the question by asserting my

I l rights and priyHe\!oes under the Fifth Amendment \2 of the U.S. Constitution.

IJ Q Do you have any facts or knowledge

14 regarding the signing bonus account maintained by J5 ColumbialHCA?

16 A Upon advice of counsel, I respectfully

! 7 decline to answer the question by asserting my 18 rights and privileges under the Fifth Amendment 19 of the U.S, Constitution.

20 Q What is your understanding of why

1\ (o;,\\lrnbia maintained the signing bonus account? 2:? A Upon advice of counsel, r respectfully

23 decline to answer the question by asserting my 24 rig hIS and privileges under the Filth Amendment 2S of the U.S. Constitution.

Page 16

I Q What is your understanding of wny the

2 signing bonus account was created?

J A [)pon advice of counsel. I respectfully 4 decline to answer the question by asserting my

5 rights and privileges under the Fmh Amendment 6 of the U.S. Constitution

7 Q What was the signing bonus account

8 used for'?

9 A Upon advice of counsel, ! respectfully

10 decline to answer the question by asserting Illy 11 rights an d r rivi leges un dcr the Fi nh Amendment 12 ofthe U.S. Constitutinn,

! 1 Q Where did the monies in the signing

I ~ honus account come from?

15 A Upon advice of counsel, [ respectfully

16 decline to answer the question by asserting my 17 rights and privileges under the Finh Amendment

I I R of the U.S. Constitution.

19 Q !I()W were the monies in the signing

20 bonus account allocated for purposes ui'tl,J"di,'arc \ 21 rcunburserncnt?

22 A Upon advice of counsel. I respectfully 23 decline to answer the question by ussertin]; Illy 24 rights and privileges under the Fiflh Amendment 25 of the U.S. Constitution.

Page 17

1 Q Do you have any knowledge tending to

2 indicate that Columbia'S claim against Florida 3 Software is or wns designed to cover up or

4 obfuscate Columbia's improper billing practices? 5 A Upon advice of counsel. I respect tully

6 decline to answer the question by asserting my

1 rights and privileges under the Fifth Amendment 8 of the U.S. Constitution.

9 Q Do you have any knowledge tending to 10 indicate that Columbia has no tiictuul oasis lor

11 its racketeering claims aguinst Florida Software'! 12 A Upon advice of counsel, I respectfully

13 decline to answer the question by asserting my 14 rights and privileges under the Fifth Amendment 15 of the U.S. Constitution.

16 Q Do you have any kno wl edge tending to

! 7 indicate thaI Columbia has no factual basis for

18 its racketeering claim against Norman R. Doblesz? 19 A Upon ad v ice of counsel, I respectfully

20 decline to answer the question by asserting my

21 rights and privileges under the Fi fth Amendment 22 of the U.S. Constitution.

23 Q Do you have any knowledge tending to 24 indicate thllt Columbia has no factual basis for 25 its racketeering claim against Maureen Donovan

Page 18

I Dobiesz?

2 A Upon advice of counsel, 1 respectfully 3 decline to answer the question by asserting my

4 rights and privileges under the Fifth Amendment 5 of the U.S. Constitution.

6 Q Do you have any knowledge tending to 7 indicate that Columbia has no factual basis for 8 its racketeering claims against Rece ivable

9 Dynamics Incorporated?

10 A Upon advice of counsel, r respectfully

II decline to answer the question by asserting my 12 rights and privileges under the Fifth Amendment 13 of the U.S. Constitution.

14 Q Do you have any knowledge tending 10 15 indicate that Columbia has no factual basis for 16 its racketeering claims against Stewart Lopata? 11 A Upon advice of counsel, I respectfully

18 decline to answer the question by asserting my 19 rights and privileges under the Fiflh Amendment 20 of the U.S. Constitution.

21 Q Do you have any knowledge tending to 22 indicate that Columbia has no factual basis for 23 its racketeering claims against Samuel Greco? 24 II Upon advice of counsel, 1 respectfully 25 decline to answer the question by nsserti ng my

Page 19

I rights and privileges under the Fifth Amendment 2 of the U.S. Constitution.

3 Q Did you meet with Columbia's lawyers

4 when they were dra !tin!; the counterclaim against 5 Florida Software and/or Nevada Communications? I) A Upon advice of counsel. J respectfully

7 decline to answer the question hr asserting my

8 rights and privileges under the Fillh Amendment 9 of the U.S. Constitution.

10 Q Did you contribute any facts towards

II the drafting of the countcrcluim against i'lori{\a ;2 Software lind the Nevada Communications?

13 MR. GOMFZ: Objection.

14 BY TilE WITNESS:

15 A Upon advice of counsel, I respectfully

16 decline to answer the question ny asserting my 17 ri~h(s and privileges under the Fifth Amendment IR 01 the U.S. Constitution.

19 Q Did you approve of tile filing ofthe

:?O counterclaim against Nevada Communications urul 21 Horida Scnware?

22 A Upon advice ofcounsel, 1 respectfully

23 decline to answer lilt: question by asserting my 24 rights and pri\'ile~cs under the Filth Amendment 25 of tile U.S. Constitution.

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NEVADA COMMUNICATIONS v COLUMBIMHCA

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[ Q Did you oppose the filing of the I of the Ll.S, Constitution,
2 counterclaim against Florida Software and Nevada 2 Q Do you have any facts or knowledge i
3 Commun ications Corporation? 3 tending to support Columbia's ntlh affirmative
4 A Upon advice of counsel, J respectfully 4 defense which states that Nevada Communications'
5 decline to answer the question by asserting my 5 action is barred in whole ur in part by the
6 rights and privileges under the Fitlh Amendment (, doctrine of Inches? I
7 of'the U.S. Constitution. 7 A Upon advice 0 r counsel, I respect fully j
R Q Did you oppose the filing 0 f the 8 dec line to answer the question by asserting my
9 counterclaim against Norman Dobiesz? 9 righls and privileges under the Fifth Amendment
10 A Upon advice of counsel, I 10 of the U.S. Constitution.
11 respectfu lIy decline to answer the question by II Q Do you, sir, have any facts or
12 asserting my rights and privileges under the 12 knowledge tending to support Columbia's sixth
13 Fifth Amendment of the U.S. Constitution. 13 affirmative defense which slates that Nevada
14 Q Did you approve of the filing of the 14 Communications' action is barred in whole or in
15 counterclaim against Norman R. Dobiesz? 15 part by the doctrine of unclean hands?
16 A Upon advice of counsel, l respectfully 16 A Upon advice of'counselI respectfully
17 dec! ine 10 answer the question by asserting my 17 decline to answer the question by asserting my
18 rights and privileges under the Fifth Amendment 18 rights and privileges under the Fifth Amendment
19 of the U,S. Constitution. 19 of the U.S. Constitution.
20 Q Did you approve of the filing ot the 20 Q Do you, sir, have any facts or
21 counterct aim against Maureen Donovan Dobiesz? 21 knowledge lending to support Columbia's seventh
22 A Upon advice of counsel, I respectfully 22 affirmative defense which states that Nevada
23 decline to answer the question by asserting my 23 Communications' action is barred in whole or in
24 rights and privileges under the Fifth Amendment 24 part by the doctrine of accord and satisfaction?
25 of the U.S, Constitution. 25 A Upon advice of counsel, I respectfully
Page 21 Page 24
I Q Did you approve of the filing of'the 1 decline to answer the question by asserting my
:2 counterclaim against Stuart M. Lopata? 2 rirhts and privileges under the Filth Amendment
3 A Upon advice of counsel, I respectfully 3 o the U.S. Constitution,
4 decline to answer the question by asserting my 4 MR. POTIER: Let's take a five
5 riruts and privileges under the Fi fth Amendment 5 minute break.
6 o the U.S. Constitution. 6 (Whereby, a brief recess was
7 Q Did you approve the filing of the 7 taken.)
8 counterclaim against Samuel Greco? 8 BY MR. POTIER:
9 A Upon advice of counsel, I respectfully 9 Q Sir, do you have any facts or
10 decline to answer the question by asserting my 10 knowledge indicating why ColumbialHCA breached
I [ riftlts and privileges under the Fi fth Amendment II its contract with Receivable Dynamics with I,
12 0 the U.S. Constitution. 12 respect (0 (he exclusivity rights which Columbia
lJ Q Do you have any facts or knowledge 13 had granted to Receivable Dynamics? 'J
14 which ~i.lPh:0fiS Columbia's first affirmative 14 A Upon advice of counsel, J respectfully
15 defense w ich claims that Nevada Communications 15 dec! inc to answe r the question by asserting my i
16 has failed to state a claim upon which relief may 16 rights and privileges under the Fi fth A mcndmern I
17 be granted? 17 of'the U.S. Constitution. \
18 A Upon advice of counsel, I respectfully ! S Q Do you have any facts or knowledge \
]9 decline to answer the question by assert mying 19 indicating why ColumblalHCA breached its contract
20 rifhts and privileges under the Fifth Amendment 20 with Receivable Dynamics by tailing to give
1 ~ <:I \he U.S. Constitution. 21 Receivable Dynamics exclusive claims processing
22 Q Do you have any facts or knowledge 22 rights to those Columbia hospitals located in the
23 lending to sUPJ.0rt Nevada Communications ···J'm 23 slate of Florida?
24 sorry. Strike lat 24 A UpOI! advice uf counsel, I respectfully
25 Do you have any facts or information 25 decline to answer the question by asserting my
Page 22 Page 25 I;
I lending to support Columbia's second affirmative I ri~L~ and privileges under the Fifth Amendment
2 defense which states that i'icvaJa Communications' I 2 at the U.S. Constitution.
J ;lClioll is barred by the doctrines of waiver 3 Q Do you have any knowledge tending to
4 and/or estoppel? 4 indicate that Columbia has no factual basis for
5 ;\ Upon advice of counsel, [ respectfuily 5 its breach of fiduciary duty claims against
6 decline to answer the question by asserting my 6 Florida So !hvnre')
7 rights nnd privil~es under the Fillh Amendment I 7 A Upon advice of counsel, I respectfully ,
II of the U.S. Constitution. 8 decline to answer the question by asserting my
9 Q Do you, sir, have any facts or 9 rights and privileges under the Fifth Amendment
10 knowkdge tending (0 support Columbia's third 10 of'the U.S. Constitution.
11 atllrrnutive defense which states that Nevudu II Q Do you. sir. have any facts Or IHlVe
12 Communications' action is barred in whole or ill 12 any knowledge lending 10 indicnte that Columbia
i 13 par1 hy its failure to mitigate damages? 13 has no factual nnsis tor its breach of Ilduciary
14 ,\ Upon udvice of counsel. ! respectfully 14 uuty claims against Normnn R. Dobicsz?
15 decline (0 answer the question by asserting my 15 A Upon advice of counsel, J respect fuJly
16 rights and privileges under the Fifih Amendment 16 decline 10 answer the question by asscning my
17 of the U.S. Constitution. 17 rights and privileges under the Fifth Amendment
IS Q 1)0 you, sir, have any facts or tR ol'the U.S. Constitution.
IY kn~)wk~ge lending to s.upport Columbia's Iounh 19 q Do you have MY knO\v!cdg~ tt:ndin~ to 20 affirmativ e defense which states thJI Nevadu 21 Communications' uction is barred in whole Ilt in 22 part by the applicable statute limitations?

13 A Upon advice of'cnunset, [ respectfully

2.J decline to answer the question by asserting my 25 rights and privileges under the FitH1 Amendment

~o indicate that Columbia has no factual O;ISIS tor 21 its breach of Ilduciary duty claims against

22 Maureen Donovan Dobiesz?

23 A Upon advice of counsel, I respectfully 24 decline to answer the question by asserting my 25 rights and privileges under the Fiflh Amendment

July 27 7000

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SANDERS, GALE & RUSSELL" 1·800·824·4541

NEV ADA COMMUNICATIONS v COLUMBIAfHCA

July 27, 2000

Page 26

I of the U.S. Constitution.

2 Q Do you, sir, have any knowledge

3 tending to irulicute that Cohuubia has no Iactuul 4 basis for its breach 0 f fiduciary duty claims

5 against Receivable Dynamics.fnc.?

6 A Upon advice of co un sci, (respectfully 7 decline to answer the question by asserting my

8 rights and privileges under the Filth Amendment 9 of the U.S. Constitution.

10 Q Do you have any knowledge lending to Il indicate that Columbia has no factual basis tor 12 its breach of flduciary duty claims against

13 Stewart Lopata?

14 A Upon advice of counsel, I respectfully

\ 5 decline to answer the question by asserting my 16 rights and privileges under the fi fib A mendrn ent 17 of the U.S. Constitution.

18 Q Do you, sir, have any knowledge

19 lending to indicate that Columbia has no factual 20 basis for its breach of fiduciary duty cJ aims

21 against Stewart Lopata?

22 A Upon advice of counsel, I respect fully

23 decline fa answer the question r by asserting my 24 rights and privileges under the Fi fih Amendment 2S of the U.S. Consriruuon.

Page 29

I its claim that Receivable Dynamics aided and 2 abeued a breach of Samuel Greco's fiduciary 3 duty'?

4 A Upon advice ufcounsel, I respectfully 5 decline 10 answer the question by asserting my

6 rights and privileges nuder the Filth Amendment 7 onhe U.S. Constitution.

8 Q Do you have any knowledge lending III 9 indicate that Columbia has no tactual t>il.~is for 10 its claim thaI Stewart Lopata aided and abetted u 11 breach of Samuel Greco's fiduciary duty?

12 A Upon advice of counsel. I respectfully

13 decline to answer the question by asserting my 14 rights and privileges tinder the Fi rth Amendment 15 of the U.S. Constitution.

16 Q Do you have lilly knowledge tending 10 17 indicate that Columbia h as no factual basis lor IS its claim that Nevada Communications aided or 19 abetted II breach of Samuel Greco's fiduciary 20 duty?

21 A Upon advice of counsel, T respectfully 22 decline to answer the question by asserting my 23 rights and privileges under the Fifth Amendment 24 of the U.S. Constitution.

25 Q Do you have any knowledge lending to

I

Page 27

1 Q Do you have any knowledge tending to 2 indicate that Columbia has no factual basis for 3 its breach of fiduciary duty claims against

4 Samuel Greco?

5 A Upon advice of counsel, I respectfully 6 decline to answer the question by asserting my

7 rigbts and privileges under me Fifth Amendment 8 of'the U.S. Constitution.

9 Q Do you have any knowledge lending 10 10 indicate that Columbia has no factual basis for ! 1 its breach of fiduciary duty elnlms against

12 Nevada Communications?

13 A Upon advice of counsel, I respectful! y i 4- decline to answer the question by asserting my

I S rights and privileges under the Fitth Amendment 16 at the Ll.S, Constitution.

17 Q Do you have any knowledge tending to 18 indicate that Columbia has no factual basis for 19 its Biding and abetting a breach of fiduciary

20 duty cl aims against Florida So It ware')

1 \ ,\ Upon advice of counsel, 1 respectfully

22 decline [0 answer the question by asserting my 23 rights and privileges under the Fifih Amendment 24 of'tlte U.S. Constitution.

25 Q Do you have any knowledge tending to

Page 30

I indicate that Col umbia has no factual basis for 2 its claim that Samuel Greco breached his

3 fiduciary duty to Columbia?

4 A Upon advice of counsel, 1 respectfully 5 decline to answer the question by asserting my

6 rights and privile(l,cs under me Fifth Amendment 7 of the U.S. Constitution.

S Q Are you a current or former employee

9 ofColumbialHCA?

lOA Upon advice of counsel. I respectfully

1 I decline to answer [he question by asserting my 12 rights and privilel;lcs under the Filth Amendment 13 of the U.S. Constitution.

14 Q Did you at one lime hold the office of

15 president and chairman of ColumbialHCA Healtbcare 16 Corporation?

17 A Upon advice of counsel, I respectfully

18 decline to answer the question by assert m ying 19 rights and privileges under the Fifth Amendment 20 of the U.S. Constitution.

21 MR POTIER: I can't think of any 22 more questions, sir. I appreciate your time.

23 MR. STErNBACH: Thank you

24 Mr. Potter.

25 MR. POTIER: We will order a

I

I

j

,

i i

Page 28

I indicate that Columbia has no factual basis for 2 its aiding and abetting a breach of fiduciary

3 dUly claims against Florida Software?

4 A Upon advice of counsel. I re spcctfull y 5 decline to answer the question by asserting my

6 rights and privileges under the Fil\h Amendment 7 ofth.: U.S. Constitution.

II Q Do you have any knowledge tending to 9 lndicnrc that Columbia has no tactunl basis for !O its aiding and abetting a breach of fiduciary

11 July claim against Norman R. Dobicsz?

12 A Upon advice of COil lise], I respectfully

13 decline to answer the question by asscnlng my I~ rights and privileges under the Firth Amendment 15 or the U.S. Constitution.

16 Q Do you have any knowledge tending Hl 17 indicate that Columbia has no fn~1U,,1 basis for 111 its aiding and abetting a breach of Ii duct ary

19 duty claim against Maureen Donovan l1obicsz? 20 A Upon advice of counsel, I rcspccnully

21 decline 10 answer the question by asserting Illy 22 righls and privileges under the Fiflh Amendment 21 lIt'the tJ.s. Consnuniun.

2·' Q On you have llny knowledge rending to 25 indicate that Columbia has no Ihctuill basis lur

1 transcript.

2 MR. POTfER: [assume he doesn't

3 want to read and sign

4 MR. STEI .... BACH: Let me look it

5 over. We will do that and I will order a copy, Ij 100. 7

II 9 10

11

12

13

!4

15

16

17

IS

I'!

10

21

22

23

24

25

I

"

I:

;;

7/3111000 .

MS.I'EDEN: And 1 will take a copy, too,

MR. GOMEZ; A copy.

(Whereby, the deposition concluded at 10;42 a.m.)

SANDERS, GALE & RUSSELL 1-800-824-4541

NEVADA COMMUNICATIONS v COLUMBIA/I-ICA

July 27, 2000

National 6-~"

releeoeuncnicertcns :iJweem.;nt

Page 32

INDEX

1 WITNESS [,X,\~U1'>i\nON

4 RIClIARf} L SCO'IT

DIRECf j!..\(i\MINATION llV MR. POTTER

PACE!).

I !

4 J

5 6 7 DEPOSITION EXHIBrrS

8 j Letter ",;ulns forth eondtuooa of Jepo1iLicn.

PAGE ~N

9
1
10
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I)
4
\)
14
IS
16
17
U
19
20
21
22
23
24
15 710

... EXHIBITS WERE RET,\INED BY Cm;N$EL ...

Page 33

1N WITNess WHEREOF, I 'M\'C hj:~UJlIO KI 11 RLrhln.d:Mdo1m:o:~draYl'\OmiJIII,u:IIILhi1:3~$t

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SANDERS, GALE & RUSSELL 1-800-824-454 !