| 00:00:06 |
Unidentified Speaker, -
MINUTES. >> GOOD MORNING. >> GOOD MORNING. >> SO TODAY IS BENS. IT IS SEPTEMBER 3rd. AT APPROXIMATELY 9:01 A.M. THIS PROCEEDING IS BEING HELD AT THIS...
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| 00:00:30 |
Unidentified Speaker, -
THE CADILLAC PLACE STATE OFFICE BUILDING IN MICHIGAN. WE ARE ON THE RECORD
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| 00:00:35 |
Unidentified Speaker, -
IN THIS
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| 00:00:36 |
Unidentified Speaker, -
PROCEEDING. THE PROCEEDING IS ENEN TITLED IN THE MATTER OF THE REQUEST IF THE REMOVAL OF KWAME M. KILPATRICK FROM THE OFFICE OF MAYOR OF THE CITY OF...
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| 00:08:06 |
Unidentified Speaker, -
HERE. >> HOW DO YOU SPELL, YOUR LAST NAME. >> KULESZ. >> OKAY. VERY GOOD. >> McTHEY WILL AND JAMES THOMAS ON BEHALF OF THE RESPONDENT. THANK YOU....
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| 00:08:29 |
Unidentified Speaker, -
THE PARTY'S COUNSEL. MY LEGAL OFFICE HAS BEEN ON VARIOUS LEGAL AND
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| 00:08:33 |
Unidentified Speaker, -
PROCEDURE
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| 00:08:34 |
Unidentified Speaker, -
8 ISSUES, AND I'VE ALSO ISSUED RULINGS AND MY LEGAL COUNSEL HAS ISSUED COURSE RESPONDENCE TO THE PARTIES
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| 00:08:41 |
Unidentified Speaker, -
THAT ARE MADE A PART OF THIS RECORD THAT CORRESPONDENCE CONTINUES TO
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| 00:08:45 |
Unidentified Speaker, -
APPLY. THE FINAL THING I WANT TO SAY BEFORE WE CAN BEGIN WITH OPENING STATEMENTS IS THAT TO REMIND ALL THAT THIS IS NOT A CRIMINAL TRIAL. THIS IS...
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| 00:10:43 |
Unidentified Speaker, -
PROGRESS. OBVIOUSLY BEFORE THE HEARING WE HAD ISSUES THAT WERE RESOLVED BY COURTS RELATING TO THE ADMISSION OF EFRTS EVIDENCE AND THE STANDARD OF
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| 00:10:53 |
Unidentified Speaker, -
PROOF. WE WANT TO PRESERVESERVE A
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| 00:10:55 |
Unidentified Speaker, -
RECORD SO WE ARE NOT GOING TO
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| 00:10:56 |
Unidentified Speaker, -
WAIVE ANY OBJECTIONS THAT WE HAD PREVIOUSLY MADE BUT I DON'T WANT TO ENCUMBER THE RECORD TOO MUCH EXCEPT FOR TO PRESERVE ISSUES AS IT RELATES TO WHAT...
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| 00:12:12 |
Unidentified Speaker, -
HERE SO THAT THEY CAN BE EXAMINED,
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| 00:12:15 |
Unidentified Speaker, -
THAT WE CAN HAVE, A FULL HEARING ON THE MERITS OF THE MATTER. FINALLY LAST WEEK THURSDAY WE HAD A PHONE CONFERENCE AND IN THAT SAN ANTONIO CONFERENCE...
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| 00:13:25 |
Unidentified Speaker, -
THAT IT'S GOING TO GO TO THE WEEKEND. BUT IF IT DOES, THEN WE'LL, WE'RE AT YOUR DISPOSAL BUT I WOULD ASK AGAIN, COULD YOU AT LEAST LIMIT IT TO ORDINARY...
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| 00:13:42 |
Unidentified Speaker, -
COURTS STOP AT 5:30, UNUSUAL CIRCUMSTANCES COURTS WILL GO LATER. I SUGGEST WE STOP AT 4:30. >> WELL YOUR OBJECTION IS NOTED I WILL SEE WHERE THINGS...
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| 00:13:56 |
Unidentified Speaker, -
PROCEED FURTHER. >> LET ME JUST, WHILE WE'RE TALKING
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| 00:13:58 |
Unidentified Speaker, -
ABOUT THE SUBJECT, GOVERN ENOUGH GRANHOLM WE, WE AS WE LOOK AT OUR TOOK A GOOD HARD LOOK AS LAWYER TALK LOOK AT THEIR WINSES AND TESTIMONY BEFORE WE...
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| 00:14:09 |
Unidentified Speaker, -
TODAY, IT APPEARS TO ME THAT WE WILL NOT HAVE TWO FULL DAYS. OF TESTIMONY. WE HAVE -- >> BASED UPON YOUR
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| 00:14:17 |
Unidentified Speaker, -
WINSES. >> THAT'S RIGHT I HAVE PROVIDED COUNSEL WITH A RIST OF THE WITNESSES WE ARE GOING TO CALL. BOTH TODAY AND THEN AGAIN TOMORROW. NOW IF WE RUN...
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| 00:14:37 |
Unidentified Speaker, -
ON
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| 00:14:38 |
Unidentified Speaker, -
THAT. I WOULD APPRECIATE KNOWING WHO WOULD BE -- TENDS TO CALL HIS WITNESS AT SOME POINT. >> OF COURSE THE RESPONDENT DOESN'T HAVE TO CALL ANY WITNESS...
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| 00:15:07 |
Unidentified Speaker, -
DON'T KNOW WHICH OF THEM WE HAVE TO -- >> SURE. THAT'S UNDERSTANDABLE. ALL RIGHT, SO I HAVE ALLOCATED 15 MINUTES PER SIDE FOR OPENING
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| 00:15:16 |
Unidentified Speaker, -
STATEMENTS. THE PETITIONER WILL PROCEED FIRST FOLLOWED BY THE RESPONDENT
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| 00:15:23 |
Unidentified Speaker, -
UNLESS THE RESPONDENT ELECTS TO
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| 00:15:25 |
Unidentified Speaker, -
RESERVE HIS OPENING STATEMENT UNTIL AFTER THE PETITIONER HAS RESTED,
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| 00:15:29 |
Unidentified Speaker, -
SO MR. GOODMAN, I ASSUME THAT WOULD BE YOU. >> YES. >> WOULD YOU CARE TO MAKE AN OPENING STATEMENT. >> THANK YOU, GOVERNOR GRANHOLM. GOVERNOR, COLLEAGUES,...
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| 00:15:52 |
Unidentified Speaker, -
REALLY ON ITS BEHALF THE
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| 00:15:54 |
Unidentified Speaker, -
1974 CHARTER CITY COMMISSION DESRIBED THE
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| 00:15:56 |
Unidentified Speaker, -
DETROIT CITY COUNCIL AS FOLLOWS, QUOTE, THE CITY COUNCIL IS THE ELECTED HEAD OF THE LEGISLATIVE BRANCH OF CITY GOVERNMENT. ITS MEMBERS ARE THE PEOPLE'S...
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| 00:23:49 |
Unidentified Speaker, -
QUOTES AROUND THE WORD CONSENT, BY THE ENTIRE CITY COUNCIL AND THE 23rd OF OCTOBER. IN BETWEEN THE 18th AND 23rd OF OCTOBER TO THE "DETROIT FREE PRESS"...
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| 00:25:18 |
Unidentified Speaker, -
NOBODY WAS -- THE WAS
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| 00:25:22 |
Unidentified Speaker, -
NOT REQUIRED TO PAY $8 MILLION TO GARY BROWN AND HAROLD NELTHROPE. THERE WERE NO OBLIGATIONS. A NEW AGREEMENT SPLIT IN HALF BETWEEN SOMETHING CALLED...
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| 00:28:53 |
Unidentified Speaker, -
DO. >> GOVERNOR, GOOD MORNING. AND TO
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| 00:29:02 |
Unidentified Speaker, -
ALL OF THE COUNCIL ON ITS SIDE. WE ARE ALL HERE TODAY BELIEVING IN THE RIGHTEOUSNESS OF OUR POSITION. WITH ALL DUE RESPECT TO MR. GOODMAN, NOTHING THAT...
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| 00:29:19 |
Unidentified Speaker, -
CASE. CASE BEFORE YOU HAS NOTHING
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| 00:29:21 |
Unidentified Speaker, -
TO DO WITH THE ISSUES. WHETHER THE MAYOR AUTHORIZED SETTLEMENT IN PERSONAL GAIN HAS ABSOLUTELY NOTHING TO DO WITH THE TWO ISSUES BEFORE YOU. IT IS MORE...
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| 00:39:34 |
Unidentified Speaker, -
IN? >> PLEASE RAISE YOUR RIGHT-HAND. DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH THE WHOLE TRUTH AND NOTHING...
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| 00:40:06 |
Unidentified Speaker, -
WE NEED TO CALL ONE OF OUR WITNESSES AND MAKE SURE HE IS AVAILABLE THIS AFTERNOON IN CASE WE DO RUN SHORT. I WOULD ASK COUNCIL MEMBER COCKEREL STEP...
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| 00:40:22 |
Unidentified Speaker, -
BACK IN. >> WE CAN MAKE SURE THAT SHE GETS
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| 00:40:26 |
Unidentified Speaker, -
BACK IN. >> THANK YOU VERY MUCH. >> GOOD MORNING. PROFESSOR STAY CHEERFUL NAME FOR THE RECORD. >> MY NAME IS
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| 00:40:44 |
Unidentified Speaker, -
PETER JOSEPH HAMMER. >> WHAT IS YOUR PROFESSIONAL ADDRESS? >> THE THIRD FLOOR OF THE NEW WING OF THE WING OF STATE OF THE UNIVERSITY OF LAW SCHOOL. >>...
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| 00:40:57 |
Unidentified Speaker, -
SCHOOL? >> I
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| 00:40:59 |
Unidentified Speaker, -
HAVE AN ACTIVE RESEARCH AGENDA AND AN ACTIVE TEACHING AGENDA THAT INCLUDES TEACHING
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| 00:41:05 |
Unidentified Speaker, -
AS MUCH CONTRACTS AS I CAN
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| 00:41:07 |
Unidentified Speaker, -
TO OF OUR FIRST YEAR LAW
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| 00:41:10 |
Unidentified Speaker, -
STUDENTS STUDENTS. >> ARE YOU SKIPPING CLASS TODAY, TO COME TO THIS HEARING? >> THAT ALL DEPENDS ON HOW
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| 00:41:16 |
Unidentified Speaker, -
LONG YOU KEEP ME HERE. IF I
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| 00:41:20 |
Unidentified Speaker, -
GET OUT AFTER LUNCH I CAN MAKE ALL OF MY CLASS YESTERDAY. >> BEFORE YOU TOOK THE STAND, YOU HANDED ME A COPY OF YOUR CURRICULUM VITAE,
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| 00:41:32 |
Unidentified Speaker, -
DENIED? >> THAT IS CORRECT. >>
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| 00:41:35 |
Unidentified Speaker, -
I WOULD LIKE TO HAVE THIS MARKED AS AN EXHIBIT. >> ANY OBJECTION? >> NO OBJECTION TO THAT. I WILL OBJECT TO ITS
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| 00:41:47 |
Unidentified Speaker, -
SUBMISSION BASED ON WHAT HE SAYS. I HAVEN'T HEARD ABOUT HIS QUALIFICATIONS. YOU CAN MARKET
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| 00:41:54 |
Unidentified Speaker, -
BUT WHETHER
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| 00:41:57 |
Unidentified Speaker, -
ITS ADMITTED -- >> YOU WANT TO EXAMINE HIM? >> DO YOU HAVE A COPY FOR ME? AFTER
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| 00:42:03 |
Unidentified Speaker, -
IT HAS
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| 00:42:04 |
Unidentified Speaker, -
BEEN MARKED. >> WHAT ARE WE GOING TO MARKET
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| 00:42:19 |
Unidentified Speaker, -
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| 00:42:22 |
Unidentified Speaker, -
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| 00:42:27 |
Unidentified Speaker, -
IT? >> THAT IS PETITIONER'S EXHIBIT TO? >> CRACKED >> YOUR CURRICULUM VITAE OUT LINES MUCH OF THEIR CREDENTIALS BUT CAN
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| 00:42:51 |
Unidentified Speaker, -
YOU OUTLINE YOUR EDUCATIONAL BACKGROUND? >> I HAVE A BS IN MATHEMATICS AND A
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| 00:42:58 |
Unidentified Speaker, -
BE A AND ECONOMICS. I HAVE A J.D. IN LAW FROM THE UNIVERSITY OF MICHIGAN LAW SCHOOL AND A PH.D. IN ECONOMICS FROM THE UNIVERSITY OF MICHIGAN. >> YOU
|
| 00:43:09 |
Unidentified Speaker, -
GRADUATED FROM THE UNIVERSITY OF MICHIGAN LAW SCHOOL WITH SOME DISTINCTION? >>
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| 00:43:15 |
Unidentified Speaker, -
YES, MAGNUM, LOUDLY AT THE VERY TOP OF THE CLASS, NUMBERS THREE. >> HOW LONG HAVE YOU TAUGHT THE SUBJECT OF CONTRACT LAW? >> IN 1995 AND HAVE TAUGHT
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| 00:43:29 |
Unidentified Speaker, -
CONTRACT EVER SINCE, 13 YEARS. >> HOW LONG HEAVY TAUGHT AT WAYNE STATE? >> THIS IS THE
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| 00:43:36 |
Unidentified Speaker, -
START OF MY SIXTH YEAR. >> HAD TAUGHT AT ANOTHER SCHOOL? >> EIGHT YEARS AT THE UNIVERSITY OF MICHIGAN
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| 00:43:44 |
Unidentified Speaker, -
LAW SCHOOL AND I TAUGHT CONTRACT THERE AS
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| 00:43:48 |
Unidentified Speaker, -
WELL. >> NOW, HOW MUCH ARE
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| 00:43:53 |
Unidentified Speaker, -
YOUR PROFESSIONAL TIME
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| 00:43:56 |
Unidentified Speaker, -
TO DEVOTE TO THE TEACHING OR CONSULTING IN
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| 00:43:59 |
Unidentified Speaker, -
THE AREA OF CONTRACT LAW? >>
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| 00:44:02 |
Unidentified Speaker, -
IT HAS TO BE FRAMED DIFFERENT ALMOST ALL OF MY SCHOLARLY AGENDA BROADLY LOOKS AT THE QUESTION OF THE RELATIONSHIP BETWEEN THE PUBLIC AND THE PRIVATE....
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| 00:44:13 |
Unidentified Speaker, -
SIDE IS THE BROOKINGS OF ECONOMIC MARKETS BUT MORE IMPORTANTLY THE WORKINGS OF ECONOMIC CONTRACTS CONTRACTS. DEALS WITH
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| 00:44:23 |
Unidentified Speaker, -
ANTITRUST HEALTH-CARE MARKETS LOT AND DEVELOPMENT IN CAMBODIA COMES TO THAT CONSTANT THEME OF THE RELATIONSHIP BETWEEN PUBLIC AND PRIVATE LOOKING AT...
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| 00:45:02 |
Unidentified Speaker, -
TESTIMONY? >> I THINK IN BOTH DEGREES IN THE WAY I APPROACH CONTRACT LAW
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| 00:45:07 |
Unidentified Speaker, -
AND I WOULD SAY
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| 00:45:09 |
Unidentified Speaker, -
THAT BOTH DEGREES ENABLE ME TO PROVIDE UNIQUE PERSPECTIVES AS TO THE DOCUMENTS I WAS ASKED TO LOOK AT. >> YOU'VE OFFERED A NUMBER OF PEER REVIEW PROFESSIONAL...
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| 00:45:24 |
Unidentified Speaker, -
HAVE YOU NOT? >> THAT IS CORRECT. >> DO ANY OF THOSE RIDINGS BEAR UPON YOUR TESTIMONY TODAY? >> TO THE EXTENT THAT I SAID THAT ALL EMBODY THE CAREFULLY...
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| 00:45:40 |
Unidentified Speaker, -
AND PRIVATE ACROSS THE RELATED FIELD I WILL BRING THOSE PERSPECTIVES, LINE CREDENTIAL THAT
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| 00:45:47 |
Unidentified Speaker, -
I WILL RELY UPON TODAY IS
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| 00:45:49 |
Unidentified Speaker, -
BEING A PASSIONATE CONTRACT
|
| 00:45:54 |
Unidentified Speaker, -
TEACHER. WHETHER CONTRACT BOB PRINCIPLES TO THE DOCUMENT YOU ASKED ME TO EXAMINE. >> GOVERNOR GRANHOLM WE WOULD OFFER PROFESSOR HAMMER ON SOME EXPERT...
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| 00:46:22 |
Unidentified Speaker, -
VOIRE DIRE. YOU'VE BEEN PRACTICING LAW FOR ALMOST 18 YEARS? >> FOR THREE YEARS BEFORE STARTING TO TEACH ARTS WAS THAT
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| 00:46:33 |
Unidentified Speaker, -
WHEN YOU WERE A JUDICIAL LAW CLERK? THAT WAS AFTERWARDS. IMMEDIATELY AFTER I GRADUATED WHILE SCHOOL I WORK
|
| 00:46:42 |
Unidentified Speaker, -
FOR THE HONORABLE ALFRED T. WOODWARD AND PASADENA, CALIFORNIA. I TOOK SIX MONTHS OFF TO FINISH
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| 00:46:51 |
Unidentified Speaker, -
MY DISSERTATION. AND I PRACTICE LAW AT THE LAW FIRM OF MY YEARS IN LOS ANGELES BEFORE MOVING INTO TEACHING AND ACADEMIC TEACHING IS A FULL-TIME JOB...
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| 00:47:34 |
Unidentified Speaker, -
THE NOTION OF MY TEACHING OF CONTRACTS. I WOULD
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| 00:47:38 |
Unidentified Speaker, -
SAY BOTH OF THOSE SETS OF SKILLS ARE IMPORTANT TO THE TASK I'VE BEEN ASKED TO DO. >> YOU ARE BEING OFFERED AS A WITNESS TO TESTIFY AS AN EXPERT AS IT...
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| 00:48:08 |
Unidentified Speaker, -
HAVE REVIEWED, WHERE THEY ONLY THE DOCUMENTS THAT ARE GOING TO BE INTRODUCED INTO EVIDENCE, THE CONTRACTS THEMSELVES? >> THERE IS A WHOLE
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| 00:48:18 |
Unidentified Speaker, -
LIST OF DOCUMENTS I REVIEWED THE KEEP FROM THE DRAFT HAD
|
| 00:48:23 |
Unidentified Speaker, -
WRITTEN PROPOSAL TO THE VARIOUS NOTICES
|
| 00:48:26 |
Unidentified Speaker, -
OF APPROVAL --
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| 00:48:28 |
Unidentified Speaker, -
REPRESENTATIVE LOCATION AND AN APPROVAL AND TO THE NOVEMBER 1st SERIES OF THREE AGREEMENTS AS WELL AS THE ANCILLARY AGREEMENT DEALING WITH THE ESCROW...
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| 00:48:38 |
Unidentified Speaker, -
ANY OTHER DOCUMENTS OTHER THAN THE CONTRACT DOCUMENTS; FOR EXAMPLE, RULES OR REGULATIONS AS IT RELATES TO THE APPROVAL OF CONTRACTS FOR ANY ITEMS SUCH...
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| 00:48:58 |
Unidentified Speaker, -
HAS AUTHORITY AUTHORIZE CONTRACTS? >> I HAVE NOT BEEN ASKED TO REVIEW OR EXPRESS AN OPINION AS TO MISS A POLITY WHILE FOR THE CITY CHARTER. I'M LOOKING...
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| 00:49:13 |
Unidentified Speaker, -
LAW AS THE LEGAL EFFECT FROM THE PAPER THEMSELVES. >> , THE
|
| 00:49:18 |
Unidentified Speaker, -
CONVERSATIONS DIGIT HAVE WITH MR. GOODMAN AND HIS
|
| 00:49:22 |
Unidentified Speaker, -
STAFF? >> PROBABLY A HALF DOZEN TO A DOZEN CONVERSATIONS. >> HOW MANY? >> PROBABLY HALF A DOZEN TO A DOZEN CONVERSATIONS. >> DID A SHOW YOU ANY DOCUMENTS...
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| 00:49:38 |
Unidentified Speaker, -
TODAY? >> I HAVE THE STACK HERE AND AM HAPPY TO GO THROUGH THEM
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| 00:49:44 |
Unidentified Speaker, -
WITH YOU AGAIN. >> IT SEEMS BE SPENT A LOT TIME WORKING
|
| 00:49:50 |
Unidentified Speaker, -
FOR
|
| 00:49:52 |
Unidentified Speaker, -
NGO'S AND OTHER CORPORATIONS THAT ARE NOT INVOLVED
|
| 00:49:55 |
Unidentified Speaker, -
IN THE PRACTICE OF LAW FOR A PERIOD OF
|
| 00:50:01 |
Unidentified Speaker, -
TIME? >> TEACHING IS FULL TIME BUT A TEACHER'S JOB INCLUDES SCHOLARSHIPS, TEACHING AND SERVICE SO I
|
| 00:50:07 |
Unidentified Speaker, -
WOULD PUT ALL OF THE WORK INTO A SERVICE CATEGORY OF ALL I'VE DONE RIDING ON AND I TRIED TO MAKE BRIDGES BETWEEN WHAT I DO IN THE CLASSROOM WHEN I...
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| 00:50:22 |
Unidentified Speaker, -
MY SERVICE UMBRELLA AND IT IS INCREASINGLY BECOMING PART OF MY SCHOLARLY INTEREST TO LOOK AT ISSUES OF DEVELOPMENT AND ESTABLISHING THE RULE OF LAW. AND...
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| 00:51:06 |
Unidentified Speaker, -
CASES? >> SURE. IN THE FIRST YEAR CASEBOOK IS A WHOLE SERIES OF THINGS THAT A SETTLEMENT AGREEMENTS AS WE TEACH OUR STUDENTS, SETTLEMENT AGREEMENTS...
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| 00:51:29 |
Unidentified Speaker, -
HAVE. >> ARE YOU GOING TO BE TALKING ABOUT INSTANCES FROM THESE CONTRACTS? >> I THINK ONE CAN DRAW FROM VARIOUS PROVISIONS SETS OF INFERENCES. >> IS...
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| 00:51:57 |
Unidentified Speaker, -
BACKGROUND AND EXPERIENCE CAN DRAW FROM THE ACTUAL WRITINGS BUT MY ANALYSIS WILL
|
| 00:52:02 |
Unidentified Speaker, -
BE EXCLUSIVELY ON THE WRITTEN DOCUMENTS AND WHAT I THINK ARE REASONABLE EVIDENCE
|
| 00:52:07 |
Unidentified Speaker, -
IS TO DRAW FROM THE DOCUMENTS
|
| 00:52:14 |
Unidentified Speaker, -
THEMSELVES. >> YOUR SCHOLARLY WRITINGS HAVE BASICALLY BEEN IN THE AREA AS I LOOK FOR THEM NOT SO MUCH ON CONTRACT LAW, BUT AS IT RELATES TO HEALTH LAW,...
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| 00:52:36 |
Unidentified Speaker, -
AND HEALTH POLICY, BUT THAT IS IN TERMS OF PRIVATE LAW THE ENTIRE RESTRUCTURING OF THE HEALTH-CARE SYSTEM HAS BEEN DOING IN THE LAST THREE DECADES...
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| 00:53:23 |
Unidentified Speaker, -
ABOUT THE BUSINESS OF QUALITY WHAT IT IS SIMPLY WHAT A CONTRACT PROFESSOR WOULD YOU IN TERMS OF JUST READING THE DOCUMENTS THEMSELVES. >> YOUR HONOR,...
|
| 00:53:41 |
Unidentified Speaker, -
IS NOTED. I WILL ALLOW HIM TO TESTIFY TO HEAR WHAT HE HAS TO SAY. >> I WAS TOLD NOT TO,
|
| 00:53:54 |
Unidentified Speaker, -
I'M GOING TO STOP. FIRST OF ALL, MR. WHITAKER I'M GOING TO REMEMBER, WE HAVE BEEN TOLD NOT TO CALL YOU JUDGE SO I AM FALLING BACK ON THE PRACTICE. I...
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| 00:54:14 |
Unidentified Speaker, -
OBJECTING? >> HE IS OBJECTING BUT YOU SHOULD GO AHEAD TO THE TESTIMONY AND I WILL LISTEN TO WHAT HE HAS TO SAY AND I WILL LET HIM SPEAK TO THE AREA...
|
| 00:54:30 |
Unidentified Speaker, -
RUNDOWN WHEN MR. THOMAS
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| 00:54:32 |
Unidentified Speaker, -
WAS EXAMINING YOU AS TO THE DOCUMENTS YOU WERE ASKED TO REVIEW. CAN
|
| 00:54:37 |
Unidentified Speaker, -
YOU GO AHEAD AND LIST THE TITLE OF EACH DOCUMENT AND IF YOU CAN THE EXHIBIT NUMBER OF EACH DOCUMENT SO IT
|
| 00:54:49 |
Unidentified Speaker, -
IS CLEAR. >> I HOPE MY HANDWRITTEN EXHIBITS CORRESPOND TO THE OFFICIAL ONES. >> YOU HAVE THE SAME NUMBERS, PETITIONER'S EXHIBIT ONE -- >> RIGHT. THE FIRST...
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| 00:55:13 |
Unidentified Speaker, -
SETTLEMENT
|
| 00:55:20 |
Unidentified Speaker, -
AGREEMENT. THIS IS THE HANDWRITTEN VERSION OF THE
|
| 00:55:24 |
Unidentified Speaker, -
OCTOBER 17 AGREEMENT. >> THE NEXT DOCUMENT I REVIEWED GAIUS 1-J-THREE WHICH IS THE TYPEWRITTEN VERSION DATED OCTOBER 17th. THE NEXT DOCUMENT ARE REVIEWED...
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| 00:55:51 |
Unidentified Speaker, -
OUT OF THE OCTOBER 17th 2007 FACILITATION. THE NEXT DOCUMENT I REVIEWED WAS EXHIBIT 1-J-SIX WHICH IS NOTICE OF MAYOR KWAME KILPATRICK'S NOTICE OF ...
|
| 00:56:58 |
Unidentified Speaker, -
POTENTIALITY AGREEMENT DATED NOVEMBER 1st 2007. THE NEXT DOCUMENT ARE
|
| 00:57:03 |
Unidentified Speaker, -
REVIEWED IS 1-J- 10 WHICH IS AN ESCROW AGREEMENT. 1-J- 11 WHICH IS A SUPPLEMENT TO THE ESCROW AGREEMENT. AND THEN HEAD DOCUMENT NOT MARKED BUT IN FULL...
|
| 00:57:54 |
Unidentified Speaker, -
NUMBER OF PROMISES AND BOTH PARTIES PART AND ON PAGES THREE AND FOUR THE DOCUMENT CONTAINS SIGNATURES OF FIVE PERSONS
|
| 00:58:06 |
Unidentified Speaker, -
DESIGNATED MAYOR KWAME KILPATRICK CITY OF DETROIT AND FOR STEFANI AND STEFANI PROFESSIONAL CORPORATION. >> AT THE TOP OF THAT DOCUMENT, LIST WITH THE...
|
| 00:58:38 |
Unidentified Speaker, -
STEFANI, STEFANI PROFESSIONAL CORPORATION MAYOR KEWANEE KILPATRICK ENTERED INTO
|
| 00:58:44 |
Unidentified Speaker, -
THIS AGREEMENT
|
| 00:58:46 |
Unidentified Speaker, -
EFFECTIVE OCTOBER 17, 2007. >> WHAT DOES THE TERM EFFECTIVE DATE MEAN? >> THAT MEANS THIS AGREEMENT TOOK LEGAL EFFECT AS
|
| 00:58:57 |
Unidentified Speaker, -
OF OCTOBER 17, 2007. >> DOES THE FACT THAT THE DOCUMENT IS SIGNED VERY WAIT AND A TESTIMONY TODAY? >> IF WE GO BACK TO BASICS OF CONTRACT LAW
|
| 00:59:08 |
Unidentified Speaker, -
A CONTRACT IS AN OFFER AND ACCEPTANCE. SO YOU NEED AN EXCHANGE OF PROMISES
|
| 00:59:13 |
Unidentified Speaker, -
THERE ARE MANY WAYS THAT CAN HAPPEN. ONE OF THE MOST IRONCLAD WAYS IT PARTY CAN MANIFEST THEIR
|
| 00:59:19 |
Unidentified Speaker, -
ASCENT IS A WRITTEN SIGNATURE AND IF YOU LOOK AT THE BOTTOM OF THIS PAGE, THIS DOCUMENT IS SIGNED BY
|
| 00:59:27 |
Unidentified Speaker, -
PERSONS REPRESENTING EACH ONE OF THE THREE ENTITIES THAT ARE SUPPOSEDLY BOUND BY THIS AGREEMENT. >> WHEN YOU SAY THERE IS MUTUAL ASCENT REFLECTED IN...
|
| 00:59:55 |
Unidentified Speaker, -
A BINDING LEGAL AGREEMENT EFFECTIVE OCTOBER 17th. >> WHEN YOU SAY BINDING LEGAL, ARE YOU IN ANY WAY RELATING THAT TO A DRAFT? >> I WOULD DISTINGUISH...
|
| 01:00:10 |
Unidentified Speaker, -
EXHIBIT 1-K WHICH IS THE HANDWRITTEN VERSION. YOU HAVE SIGNATURE LINES ON THE HANDWRITTEN VERSION.
|
| 01:00:21 |
Unidentified Speaker, -
GENERALLY YOU HAVE TO DISTINGUISH BETWEEN A DRAFT AND A FINAL DOCUMENT BUT I THINK IF YOU PUT THESE TWO DOCUMENTS NEXT TO EACH
|
| 01:00:28 |
Unidentified Speaker, -
OTHER THERE IS NO DOUBT IN MY MIND THE MOST REASONABLE INFERENCE FROM THIS DOCUMENT IS THIS IS A CONTRACT. I WILL USE THAT INSTEAD OF BY THE AGREEMENT...
|
| 01:01:03 |
Unidentified Speaker, -
OF PROMISES. YOU CAN UNDERSTAND A CONTRACT IN PART BY WHAT PROMISES ONE SIDE AND THE OTHER MAKE AND IF WE USE THAT FRAMED IN TERMS OF GOING THROUGH THE...
|
| 01:01:22 |
Unidentified Speaker, -
REPRESENTATIVES S&S. THE FIRST PARAGRAPH SAYS STEFANI AND STEFANI ON BEHALF OF ITS CLIENTS, EMPLOYEES, SHAREHOLDERS AND INVESTIGATORS AGREE TO SURRENDER...
|
| 01:02:20 |
Unidentified Speaker, -
SIGNED? >> I AM NOT REFERRING TO 1-J- THREE WHICH CONTAINS SIGNATURES ON BEHALF OF
|
| 01:02:27 |
Unidentified Speaker, -
THE SPECIFIED PARTIES. >> DO YOU SEE ON THE LAST PAGE OF THIS DOCUMENT AND INDICATION THAT MR. STEFANI SIGNED THIS DOCUMENT ON BEHALF OF HIMSELF,
|
| 01:02:39 |
Unidentified Speaker, -
HIS FIRM AND HIS CLIENT?
|
| 01:02:43 |
Unidentified Speaker, -
IF YOU LOOK AT PAGE FOUR, THERE IS A SIGNATURE THAT APPEARS TO BE MICHAEL STEFANI ATTORNEYS FOR
|
| 01:02:51 |
Unidentified Speaker, -
GARY BROWN, HAROLD NELTHROPE AND WALTER HARRIS. >> IS IT YOUR HOPE -- WHAT IS YOUR OPINION AS IT RELATES TO THE WILLINGNESS OR THE ABILITY OF MR. STEFANI...
|
| 01:03:19 |
Unidentified Speaker, -
INFORMATION HE HAS. >> AND GRAN TO LET HIM ANSWER. >> COULD YOU REPEAT THE QUESTION? >> GIVEN THE FACT THAT MR. STEFANI SIGNED ON
|
| 01:03:30 |
Unidentified Speaker, -
BEHALF OF HIMSELF AND HIS LOVER AND HIS CLIENT AND GIVEN YOUR INDICATION THAT THE PROMISE REFLECTED IN ONE WAS A BINDING DOCUMENT, I WANT TO GET
|
| 01:03:43 |
Unidentified Speaker, -
YOUR OPINION AS TO
|
| 01:03:45 |
Unidentified Speaker, -
WHETHER OR NOT MR. STEFANI WAS FREE TO VIOLATE THE
|
| 01:03:49 |
Unidentified Speaker, -
PROVISION REFLECTED IN PARAGRAPH ONE OF THIS DOCUMENT? >> SUBJECT TO THE CONDITIONS IN PARAGRAPH EIGHT, THE STEFANI, STEFANI CORPORATION ENTERED...
|
| 01:04:15 |
Unidentified Speaker, -
WHICH MR. STEFANI FREE TO PUBLISH THE TEXT MESSAGES THAT HE PURPORTEDLY HAS TO THE WORLD IN OPPOSITION TO THIS DOCUMENT? >> IF HE
|
| 01:04:29 |
Unidentified Speaker, -
PUBLISHED IT ON OCTOBER 18th HE WOULD BE IN VIOLATION OF SOME OF THESE PROVISIONS BECAUSE THERE'S OTHER PROVISIONS THAT COMMISSION TO DO OTHER THINGS....
|
| 01:04:50 |
Unidentified Speaker, -
A SUPPLEMENTAL BRIEF FOR ATTORNEY FEES AND COSTS CONTAINING EXCERPT QUOTATIONS FROM THE RECORD AND TO DESTROY ALL COPIES OF SAID BRIEF AND TO DELETE...
|
| 01:06:35 |
Unidentified Speaker, -
SOMEBODY FOR WHAT WE CALL THE EXPECTATION INTEREST. LIQUIDATED DAMAGES PROVISIONS SAYS ITS THIS PREMISE IS VIOLATED THEY PRE
|
| 01:06:44 |
Unidentified Speaker, -
COMMIT
|
| 01:06:45 |
Unidentified Speaker, -
THEMSELVES TO A SPECIFIED AMOUNT OF DAMAGES.
|
| 01:06:50 |
Unidentified Speaker, -
HERE, IF THIS LIQUIDATED PROVISION IS VALID, WE CAN TALK ABOUT WHETHER OR NOT THIS IS VALID, BUT IF HELD VALID THE CITY OF DETROIT AND MAYOR FOR ME KILPATRICK...
|
| 01:07:36 |
Unidentified Speaker, -
LEGAL REQUIREMENT THAT SAYS THE ESTIMATED AMOUNT OF LIQUIDATED DAMAGES HAVE TO RELATE TO THE PARTIES EX ANTE EXPECTATION OF WHAT THE DAMAGES WILL BE....
|
| 01:08:21 |
Unidentified Speaker, -
NOT THE AMOUNT THE CITY WOULD BENEFIT FROM THIS IS PROPORTIONAL? >> OBJECTION, FOUNDATION. >> PROPORTIONAL
|
| 01:08:34 |
Unidentified Speaker, -
TO WHAT? REPS PROPORTIONAL TO THE DAMAGES THE CITY MIGHT
|
| 01:08:39 |
Unidentified Speaker, -
HAVE SUSTAINED. >> I DO HAVE A OPINION WHETHER THIS IS A BALLOT LIQUIDATED DAMAGES FROM THE PERSPECTIVE OF THE CITY. >> GOVERNOR, HAVE YOU RULED? >>...
|
| 01:08:52 |
Unidentified Speaker, -
LAID THE FOUNDATION. >>
|
| 01:08:54 |
Unidentified Speaker, -
MY ASSESSMENT IS THIS IS AN OUTRAGEOUSLY HIGH ESTIMATE OF ANYTHING THAT WOULD NEVER
|
| 01:09:01 |
Unidentified Speaker, -
APPROXIMATE EX ANTE DAMAGE TO THE CITY ITSELF FOR VIOLATION OF THE CONFIDENTIALITY AGREEMENT. >> ARE THERE OTHER
|
| 01:09:11 |
Unidentified Speaker, -
DOCUMENTS THAT MIGHT HELP SHAPE YOUR OPINION
|
| 01:09:13 |
Unidentified Speaker, -
IN THAT REGARD THE TO HAVE BEFORE YOU? >> USUALLY
|
| 01:09:17 |
Unidentified Speaker, -
WHEN YOU READ AN AGREEMENT LIQUIDATED DAMAGES RAISE A RED FLAG SO YOU GO THROUGH AND SAY WHY IS THIS HERE AND WHAT IS THE PURPOSE AND YOU SUBJECTED TO...
|
| 01:09:31 |
Unidentified Speaker, -
UNUSUAL ABOUT THIS AGREEMENT, THERE ARE OTHER INSIGHT YOU CAN GAIN ABOUT LIQUIDATED DAMAGE
|
| 01:09:38 |
Unidentified Speaker, -
PRIVILEGES FROM SOME OF THE OTHER PRIVILEGES THE ONE THAT WE'VE EXAMINED THAT IS FOUND IN PARAGRAPH THREE APPLIES TO STEFANI AND STEFANI SO IF AN EMPLOYEE...
|
| 01:12:17 |
Unidentified Speaker, -
FOR THE INFERENCE OF LIQUIDATED DAMAGES. AS AN ECONOMIST THIS IS WHAT IS HELPFUL NOT TO JUST BE A CONTRACT SCHOLAR BUT THE DAMAGES WARNED TO BE THE...
|
| 01:12:37 |
Unidentified Speaker, -
PREMISE WOULD BE THE ACTUAL ANTICIPATED DAMAGES EVER, WE WANT TO PUT TO IT IS GOING TO BE THE SAME FOR ALL PARTIES. NOW, THERE IS SOMETHING THAT STRIKES...
|
| 01:13:35 |
Unidentified Speaker, -
IS MERELY INFERING HE WASN'T IN THE ROOM HE HASN'T TALKED TO ANYBODY HE'S REALLY INFERING BASED UPON HIS EXPERIENCE. >> JUST TO BRING THIS BACK TO ...
|
| 01:13:53 |
Unidentified Speaker, -
GOVERNOR, I'M -- >> OBJECTION HAS BEEN RULED UPON THERE IS NO QUESTION AND I ASK ANOTHER QUESTION BE POSED PRESS WHY DON'T YOU ASK ANOTHER QUESTION. >>
|
| 01:14:07 |
Unidentified Speaker, -
WILL YOU COMPLETE
|
| 01:14:10 |
Unidentified Speaker, -
YOUR SENTENCE BECAUSE YOU WERE IN THE MIDDLE OF COMPLETING
|
| 01:14:14 |
Unidentified Speaker, -
YOUR RECITATION ON THE
|
| 01:14:16 |
Unidentified Speaker, -
GOOD DAMAGES DAMAGES. >> THE NOTION IS VERSUS IS NOT A FAIR ESTIMATE OF WHAT THE ACTUAL DAMAGES ARE. IF YOU DID MAKE A FAIR ESTIMATE IT WOULD PROBABLY
|
| 01:14:30 |
Unidentified Speaker, -
BE MINIMAL EX ANTE. UNIFORM BECAUSE AN ECONOMIST WOULD PREDICT
|
| 01:14:40 |
Unidentified Speaker, -
THE ACTUAL DAMAGE AND INFORMATION IS INDEPENDENT SO I FIND IT PUZZLING IT'S NOT A UNIFORM, AND FROM THE DOCUMENTS THEMSELVES YOU SEE A PATTERN EMERGED...
|
| 01:15:45 |
Unidentified Speaker, -
THE AMOUNT. >> WHY DO SAY THAT WOULD BE A VALID AMOUNT OF DAMAGE? >> IT GOES BACK TO WHAT I WAS SAYING EARLIER WAS THE RELATIONSHIP BETWEEN PRIVATE AND...
|
| 01:16:01 |
Unidentified Speaker, -
THE CAREER INTERESTS FOR THE MAYOR AND TRIED TO RUN A CALCULATION THAT WOULD SAY
|
| 01:16:06 |
Unidentified Speaker, -
WHAT IS THE LIKELY DAMAGE TO THE MAYOR PERSONALLY AND THEY COULD BE QUITE
|
| 01:16:12 |
Unidentified Speaker, -
SUBSTANTIAL. THE BEAUTY OF A PUBLIC ENTITY IS NOT THAT MUCH DIFFERENT FROM A PRIVATE CORPORATION IT IS NOT ABOUT PERSONALITY, NOT ABOUT THAT TYPE OF...
|
| 01:17:13 |
Unidentified Speaker, -
INFORMATION. WHAT IS THE DAMAGE FROM THE RELEASE OF THE INFORMATION AND THERE'S NO REASON TO THINK THAT WILL DEPEND UPON WITH THE SOURCE WAS. WHATEVER...
|
| 01:17:29 |
Unidentified Speaker, -
IS VERY HARD TO IMAGINE HOW THAT WILL VARY BY THE SOURCE. WHATEVER THE AMOUNT IS, THE BEST ASSESSMENT YOU CAN MAKE IS THAT AT TO BE A UNIFORM AMOUNT....
|
| 01:18:01 |
Unidentified Speaker, -
OBLIGATIONS ARE AS REFLECTED IN EXHIBIT 1-J- THREE. >> CONTRACT IS A PROMISE AND THE PROMISES ON THE PART OF THE CITY WHICH MAKES THE BASIS OF A PRIVATE...
|
| 01:18:16 |
Unidentified Speaker, -
IS NOW
|
| 01:18:17 |
Unidentified Speaker, -
GOES INTO PARAGRAPH FORMAT THEY AGREE TO SETTLE AND RESOLVE THREE-QUARTERS OF DISMISSAL SATISFACTION OF JUDGMENT A FALLING TWO MATTERS AND THE FIRST...
|
| 01:18:29 |
Unidentified Speaker, -
FOR BROWN AND THE SECOND FOR HARRIS. THE CITY IN PARAGRAPH 5 IN THE MAYOR AGREED TO PAY THE AMOUNT OF $8 MILLION IN FULL AND COMPLETE SATISFACTION OF...
|
| 01:19:24 |
Unidentified Speaker, -
EVENT OR FAT THAT HAS TO MATERIALIZE IN ORDER FOR
|
| 01:19:30 |
Unidentified Speaker, -
SPECIFIED APPLICATIONS TO BECOME A LEGALLY ENFORCEABLE. IN THE PAST WE USED TO WORRY ABOUT POSITIONS SUBSEQUENT AND
|
| 01:19:40 |
Unidentified Speaker, -
MORE MODERN -- THE LEGAL IMPLICATION OR INFERENCE IS THE OCCURRENCE OR MATERIALIZATION OF THE CONDITION IS A PREREQUISITE FOR THE CONDITION LEGAL OBLIGATION....
|
| 01:20:15 |
Unidentified Speaker, -
IS BASICALLY AN ALL OR NOTHING DEAL. >> THERE ARE A NUMBER OF CONDITIONS PROCEED AND, ARE THERE NOT? >> THAT IS CORRECT. >> CAN YOU LIST WITH THOSE
|
| 01:20:27 |
Unidentified Speaker, -
CONDITIONS PRECEDENTS ARE? I AM ON PARAGRAPH 8 IS AS A CONDITION PROCEEDED TO THE PUBLIC BECOMING OPERATIVE MONETARY TERMS MUST BE APPROVED BY GARY...
|
| 01:20:40 |
Unidentified Speaker, -
HAROLD NELTHROPE, WALTER HARRIS, MAYOR KWAME
|
| 01:20:44 |
Unidentified Speaker, -
KILPATRICK AND THE CITY COUNCIL
|
| 01:20:46 |
Unidentified Speaker, -
OF DETROIT. AND I HAVE TIME LINES IN WHICH EACH ONES OF THESE APPROVALS HAVE TO TAKE PLACE IT SAYS BROWN AND NELTHROPE SHARES HAVE 24 HOURS TO APPROVE...
|
| 01:21:43 |
Unidentified Speaker, -
UNDER THIS AGREEMENT ARE DISCHARGED. SO THE NON SATISFACTION OF ANY ONE OF THOSE APPROVALS WHICH IS TO DISCHARGE OF ALL PARTIES OBLIGATIONS WITH RESPECT...
|
| 01:21:55 |
Unidentified Speaker, -
THIS AGREEMENT DATED OCTOBER 70. >> LET ME UNDERSTAND. IF ANY OF THE PARTIES WHOSE APPROVAL WAS CONDITIONAL, ANY ONE, IT WOULD RELIEVE ALL THE OTHERS...
|
| 01:22:18 |
Unidentified Speaker, -
|
| 01:22:32 |
Unidentified Speaker, -
|
| 01:22:36 |
Unidentified Speaker, -
I THINK THE EVIDENCE WILL SHOW THAT IT WASN'T A NATIONAL COURT FILING BUT IS CAPTION AS SUCH. >> RIGHT, I AM AND BRING IT FROM THE CAPTION THE LACY. >>...
|
| 01:23:35 |
Unidentified Speaker, -
EXHIBIT IJ3 TO GIVE WRITTEN APPROVAL OF HIS ASCENT TO THE AGREEMENT, CORRECT? >> THAT
|
| 01:23:42 |
Unidentified Speaker, -
IS CORRECT. HE HAS TO APPROVE IT AND THEN THAT APPROVAL HAS TO BE COMMUNICATED IN WRITING. >>
|
| 01:23:48 |
Unidentified Speaker, -
OKAY. >> ACCORDING TO THE TERMS. >> AND, THE EFFECTIVE DATE OF THE EXHIBIT 1J-3 WAS
|
| 01:24:02 |
Unidentified Speaker, -
OCTOBER 17TH, 2007, CORRECT? >> THAT IS CORRECT. >> TEN DAYS
|
| 01:24:08 |
Unidentified Speaker, -
FROM THAT DATE,
|
| 01:24:10 |
Unidentified Speaker, -
HIS ACCEPTANCE WOULD HAVE HAD TO
|
| 01:24:14 |
Unidentified Speaker, -
BE IN WRITING, RECEIVED BY THE PARTIES TO THAT DOCUMENT BY OCTOBER 27TH. IS THAT CORRECT? >> CORRECT. >> THE DATE ON THIS DOCUMENT THAT I JUST
|
| 01:24:26 |
Unidentified Speaker, -
ASK YOU TO SEE, TALKING ABOUT THE NOTICE
|
| 01:24:31 |
Unidentified Speaker, -
OF REJECTION AS WELL? >> IT IS SIGNED BY MAYOR KWAME KILPATRICK AND DATED OCTOBER 27.
|
| 01:24:43 |
Unidentified Speaker, -
|
| 01:24:45 |
Unidentified Speaker, -
2007. >> JUST FOR THE BENEFIT OF THOSE WHO DON'T HAVE THE DOCUMENT, OR WHO HAVE NEVER
|
| 01:24:53 |
Unidentified Speaker, -
SEEN THE DOCUMENT I WOULD LIKE TO PUBLISH THIS IF I MAY. THIS IS THE LOG BOOK. >> I HAVE MY OWN
|
| 01:25:07 |
Unidentified Speaker, -
DOCUMENT HERE. >> I WANT YOU TO SEE HER. NOW, WILL YOU FOR THE BENEFIT OF THE GOVERNOR AND OTHERS, READ THAT DOCUMENT IF YOU WILL? >> IT SAYS NO COMES...
|
| 01:25:31 |
Unidentified Speaker, -
THE TERMS INDIVIDUALLY AND COLLECTIVELY, PROPOSED, DISCUSSED OR OTHERWISE ARISING
|
| 01:25:36 |
Unidentified Speaker, -
OUT OF THE FACILITATION PROCEEDING CONDUCTED ON OCTOBER 17, 2007. THE PARTIES WERE ORDERED INTO FACILITATION FOR THE SOLE PURPOSE OF NEGOTIATING IN FACILITATING...
|
| 01:25:48 |
Unidentified Speaker, -
ANY OUTSTANDING ATTORNEY FEE CLAIMS OF THE PLAINTIFFS SETTLEMENT DISCUSSIONS FACILITATING PROCEEDINGS BASED ON INFORMATION AND BELIEF EXPANDED BEYOND...
|
| 01:26:34 |
Unidentified Speaker, -
TO BE DRIVEN FROM THE CONTRACT ITSELF AND THERE IS NO EVIDENCE THAT I AM AWARE OF OF ANY APPROVAL IN
|
| 01:26:44 |
Unidentified Speaker, -
WRITING COMMUNICATED WITHIN THE PERIOD SO THAT IS THE TECHNICAL LEGAL QUESTION, ALRIGHT? I THINK IT DOESN'T TAKE A LAW PROFESSOR TO TELL YOU A VERY...
|
| 01:27:39 |
Unidentified Speaker, -
AND THAT APPROVAL BE COMMUNICATED IN WRITING WITHIN TEN DAYS THEN THE CONDITIONS SPECIFIED IN ARTICLE VIII IS NOT SATISFIED. IF THE CONDITION IS NOT...
|
| 01:27:54 |
Unidentified Speaker, -
DISCHARGED AS OF OCTOBER 27, 2007 AND NOW THIS IS STILL A VALID AGREEMENT BUT IT HAS NO LEGALLY ENFORCEABLE OBLIGATIONS BECAUSE THE CONDITION HAS NOT...
|
| 01:28:29 |
Unidentified Speaker, -
SORRY. THE CITY, BASED ON YOUR REVIEW OF THE DOCUMENTS BEFORE YOU, HAVE ANY
|
| 01:28:34 |
Unidentified Speaker, -
OBLIGATION
|
| 01:28:35 |
Unidentified Speaker, -
TO PAY THOSE SUMS, GIVEN THE FACT THAT THE MAYOR REJECTED THE SETTLEMENT AGREEMENT? >> AGAIN, I CAN SAY COMPLETELY AS A MATTER
|
| 01:28:45 |
Unidentified Speaker, -
OF CONTRACT LAW, THE CITY HAS ABSOLUTELY NO LEGAL OBLIGATION
|
| 01:28:49 |
Unidentified Speaker, -
ARISING OUT OF THIS PRIVATE SETTLEMENT AGREEMENT TO PAY ANY SUMS CALLED FOR IN THIS AGREEMENT ONCE THE CONDITION IS NOT SATISFIED FOR THE MEN AT THE CONDITION...
|
| 01:29:04 |
Unidentified Speaker, -
BY THIS DOCUMENT OR ANY OBLIGATION REFLECTED IN THIS DOCUMENT. >> SO, IN ORDER TO REVIVE THE OBLIGATIONS REFLECTED IN THE ORIGINAL SETTLEMENT DOCUMENT,...
|
| 01:29:32 |
Unidentified Speaker, -
I AM REVIEWING SO FAR. >> NOW, THERE IS ANOTHER DOCUMENT, THE
|
| 01:29:41 |
Unidentified Speaker, -
EXHIBIT NUMBER IS IJ-6. YOU HAVE THAT BEFORE YOU? >> YES I DO. >> WILL YOU EXPLAIN TO THE GOVERNOR AND OTHERS WHAT THAT DOCUMENT PURPORTS TO?
|
| 01:29:58 |
Unidentified Speaker, -
PARDON? >> DEJUAN TO PUT IT IN? >> THE DOCUMENT IS CAPTIONED
|
| 01:30:08 |
Unidentified Speaker, -
AND AGAIN THIS
|
| 01:30:10 |
Unidentified Speaker, -
IS EXHIBIT 1J6, NOTICE OF KWAME KILPATRICK'S REMOVAL OF SETTLEMENT IS APPROVED BY CITY COUNCIL ON OCTOBER 23 2007 COMES THE DEFENDANT MAYOR KWAME KILPATRICK...
|
| 01:30:26 |
Unidentified Speaker, -
SETTLEMENT OF THE ABOVE CAPTIONED MATTER IN
|
| 01:30:28 |
Unidentified Speaker, -
THE CASE OF WALTER HARRIS VERSUS MAYOR KWAME KILPATRICK IN THE CITY OF DETROIT, PROVIDING A CASE NUMBER, MORE SPECIFICALLY THE MAYOR KWAME KILPATRICK...
|
| 01:31:09 |
Unidentified Speaker, -
NO LEGAL EFFECT OF THIS PURPORTS TO ASSENT TO TERMS OF A NEW SETTLEMENT AGREEMENT THAT GETS DETAILED IN THE CONTEXT OF THE NOTICE. >> MALCOLM I WOULD...
|
| 01:31:22 |
Unidentified Speaker, -
ATTENTION TO EXHIBIT 1J7 AND 1J8. THOSE ARE THE SECOND SETTLEMENT AGREEMENTS IN GENERAL RELEASE IN BROWN AND NELTHROPE, A LIKE DOCUMENT RELATING TO...
|
| 01:31:39 |
Unidentified Speaker, -
CASE, EXHIBIT 08, CORRECT? NOW, DO YOU REVIEW THOSE DOCUMENTS? >> OUR REVIEW THOSE DOCUMENTS. >> WHAT, IF ANY OPINIONS YOU HAVE REGARDING THE PROVISIONS...
|
| 01:32:05 |
Unidentified Speaker, -
IT DOES NOT HAVE THE SAME NAMES, ACTUALLY HAS A DIFFERENT CAPTION, SETTLEMENT AGREEMENT
|
| 01:32:09 |
Unidentified Speaker, -
IN A RELEASE, A GENERAL RELEASE OF THIS AGREEMENT, BUT I THINK A FAIR INFERENCE IS THAT THIS IS THE SAME DOCUMENT REFERRED
|
| 01:32:17 |
Unidentified Speaker, -
TO. >> AND, WHAT YOU SAY A FAIR INFERENCE TO BE DRAWN? >> BECAUSE YOU ARE DEALING WITH THE SAME PARTIES IN RELEASING THE SAME LEGAL CLAIMS. >> WHEN YOU...
|
| 01:32:38 |
Unidentified Speaker, -
PARTIES FIND IT? THE OTHER PARTIES SIGN LATER BUT THIS
|
| 01:32:41 |
Unidentified Speaker, -
IS AGAIN WERE THE OBJECTION CONSENT CONSENT. I THINK BASED UPON THE NOTICE OF APPROVAL, THAT THERE IS
|
| 01:32:48 |
Unidentified Speaker, -
CLEAR EVIDENCE THAT KWAME KILPATRICK AS INCENTED TO THIS AGREEMENT AND
|
| 01:32:52 |
Unidentified Speaker, -
MORE IN TERMS OF CONTRACT LAW, AS OF NOVEMBER 1ST, EVEN THOUGH THERE IS NOT A
|
| 01:32:58 |
Unidentified Speaker, -
SIGNATURE IN THE EXHIBIT UNTIL DECEMBER 5TH. SO, I SEE THERE IS AN OBJECTIVE MANIFESTATION OF THE ASCENT TO THE AGREEMENT THAT CAN BE BASED ON THE COURT...
|
| 01:33:40 |
Unidentified Speaker, -
PROCEEDING IN SEQUENCE FOR THE WHAT IS INCREDIBLY UNUSUAL ABOUT THESE TWO EXHIBITS TO GIVE WITCHER THE SETTLEMENT AGREEMENT AND RELEASE OF EXHIBITS...
|
| 01:33:54 |
Unidentified Speaker, -
IN TERMS OF 1J3, SO IF YOU HAVE. >> YOU SAY ONLY PART, CAN YOU EXPLAIN THAT? >> AGAIN RECALL, A CRITICAL ASPECT OF THE ORIGINAL SETTLEMENT AGREEMENT...
|
| 01:34:19 |
Unidentified Speaker, -
IS THE DOG THAT DOES NOT BARK, YOU NOTICE WHAT IS
|
| 01:34:22 |
Unidentified Speaker, -
NOT HERE IN THE FIRST MOST NOTICEABLE THING WHEN LOOKING AT THESE DOCUMENTS IN SEQUENCE IS THAT THERE IS NOTHING HERE ABOUT THE CONFIDENTIALITY AGREEMENT,...
|
| 01:35:25 |
Unidentified Speaker, -
DOCUMENT AND BY READING THE OCTOBER
|
| 01:35:27 |
Unidentified Speaker, -
17 DOCUMENT I KNOW THE CONFIDENTIALITY WAS A CRITICAL ASPECT, SO EVERYONE IN THIS, YOUR EYEBROWS START TO SWITCH. THIS IS NOT A COMPLETE STATEMENT, AT...
|
| 01:36:07 |
Unidentified Speaker, -
SO EACH ONE OF THESE REPORTS TO BE THE COMPLETE AND ENTIRE AGREEMENT. NOW THAT HAS EVEN MORE MEANING
|
| 01:36:13 |
Unidentified Speaker, -
BECAUSE IF WE GO BACK TO PARAGRAPH 7, RIGHT? IT DEFINES THE SCOPE OF THE AGREEMENT. IT SAYS, THE PLAINTIFF IS WAITING ANY AND ALL CLAIM RELATING TO...
|
| 01:37:14 |
Unidentified Speaker, -
AND THAT THESE DIFFERENCES ARE JUST INFERENCES THAT HE HAS
|
| 01:37:17 |
Unidentified Speaker, -
DRAWN IN ACADEMIA BECAUSE HE IS AN INSTRUCTOR IN CONTRACTS. >> I BELIEVE HE DID SAY THAT BUT LET ME BE VERY CLEAR. THIS IS AN INFERENCE BASED ON YOUR...
|
| 01:37:43 |
Unidentified Speaker, -
HANDWRITTEN AGREEMENT TO AN AGREEMENT TO THE SUBSEQUENT LIST AND I HAD NO CONVERSATIONS WITH PARTIES AND BY NOT RAISING ANY MY OPINION ON ANYTHING THAT...
|
| 01:37:54 |
Unidentified Speaker, -
THE RIDING. >> NOW, THE DOCUMENT IS SIGNED, CORRECT? >> YES INDEED. >> AND, WHO SIGNED IT? THIS IS 07. >> AGAIN. YOU'LL FIND 08 IS PRETTY MUCH THE SAME...
|
| 01:38:19 |
Unidentified Speaker, -
NOVEMBER NOVEMBER 1ST, AND
|
| 01:38:22 |
Unidentified Speaker, -
THAT IS NOTARIZED. THERE IS A SIGNATURE
|
| 01:38:25 |
Unidentified Speaker, -
BY HAROLD
|
| 01:38:28 |
Unidentified Speaker, -
NELTHROPE DATED NOVEMBER 1ST, ALSO NOTARIZED. IT IS SIGNED ON BEHALF OF KWAME KILPATRICK ON DECEMBER 5TH AND THEN IT IS SIGNED BY AN AUTHORIZED AGENT...
|
| 01:39:07 |
Unidentified Speaker, -
DATED DECEMBER 5TH, SO AT LEAST IN TERMS OF THE SIGNATURE LINE,
|
| 01:39:11 |
Unidentified Speaker, -
IT DESIGNATES THE SIGNATORIES AS KWAME KILPATRICK, BUT HIS ATTORNEY, MR. MCCARGO. >> IT SPECIFIES MAYOR KWAME KILPATRICK. >> RIGHT. >> YOU ARE TALKING...
|
| 01:39:43 |
Unidentified Speaker, -
OF OTHER
|
| 01:39:45 |
Unidentified Speaker, -
DOCUMENTS. CAN YOU
|
| 01:39:48 |
Unidentified Speaker, -
JUST. >> BEFORE YOU LEAVE, CAN I ASK A QUESTION?
|
| 01:39:53 |
Unidentified Speaker, -
THIS EXHIBIT J6, THE CAPTION OF
|
| 01:39:55 |
Unidentified Speaker, -
THAT EXHIBIT SAYS APPROVAL OF TERMS AND CONDITIONS IN THE SETTLEMENT IS APPROVED BY
|
| 01:40:01 |
Unidentified Speaker, -
CITY COUNCIL ON OCTOBER 23RD, 2007. THAT CAPTION SEEMS TO BE OUT OF SYNC WITH WHAT YOU'VE JUST
|
| 01:40:09 |
Unidentified Speaker, -
DESCRIBED. >> I AM LOOKING ONLY AT THIS IN TERMS OF THE CONTRACT DOCUMENTS. AND COME AGAIN ONE THING I WAS TRYING TO REITERATE BEFORE, THE COURT DOCUMENTS...
|
| 01:40:31 |
Unidentified Speaker, -
CITY AS OF OCTOBER 23RD. NOW, I HAVE NOT SEEN ANY DOCUMENTS THAT WOULD BE BINDING LEGAL CONTRACT, THE BELIEF THAT I HAVE REVIEWED, WITH THAT DATE THAT...
|
| 01:41:30 |
Unidentified Speaker, -
YOU HAVE DESCRIBED, JUST SO I'M FAMILIAR, ON OCTOBER 27 OF AN INITIAL SETTLEMENT AGREEMENT ON ON OCTOBER 78 SO THAT WAS REJECTED, RIGHT? THE CORRECT....
|
| 01:41:40 |
Unidentified Speaker, -
SO ON THE 27TH, IT WAS VOIDED REGARDLESS OF WHAT WOULD HAPPEN, IF ANYTHING HAPPENED, AND YOU CAN'T TALK ABOUT
|
| 01:41:48 |
Unidentified Speaker, -
THAT BUT I'M JUST TRYING TO UNDERSTAND. >> RIGHT, MY LOGIC IS IN THE OCTOBER 17 DOCUMENT, THERE IS THE CONDITION THAT THE MEASURE APPROVED, RIGHT, THE...
|
| 01:42:02 |
Unidentified Speaker, -
THE COMPLETE REJECTION IS THE MAYOR DID NOT APPROVE WITHIN THE INTENDED TIME PERIOD. THE LEGAL EFFECT THEN IS TO RENDER THAT AGREEMENT NULL AND VOID...
|
| 01:42:14 |
Unidentified Speaker, -
CITY WITH RESPECT TO ANYTHING AND THAT I. >> THE CITY COUNCIL HAD APPROVED THE TERMS OF THE DOCUMENT AND WAS LATER REJECTED BY THE MAYOR, THE NAT WOULD...
|
| 01:42:38 |
Unidentified Speaker, -
EXPLAIN WHY OR HOW THE MAYOR CAPTIONED THIS DOCUMENT FOR COOLICAN ON EXPLAIN THAT AS A MATTER OF THE OCTOBER 17TH AGREEMENT, WHEN THE CONDITION WAS NOT...
|
| 01:43:01 |
Unidentified Speaker, -
IS NO LEGALLY ENFORCEABLE MEANING OF IN THE APPROVAL IF IT DID HAPPEN OCTOBER 23RD IT THAT REFERS TO THE OBLIGATIONS OF THE CITY HAS ON THE OCTOBER...
|
| 01:43:34 |
Unidentified Speaker, -
FOR ME TO KEEP EVERYTHING IN ORDER. I
|
| 01:43:37 |
Unidentified Speaker, -
ALSO REVIEWED J9, SO I HAVE REVIEWED J NINE WHICH IS A CONFIDENTIALITY AGREEMENT, ROOKIE J TEN WHICH IS THE ESCROW AGREEMENT, AND THEN J A LEVIN WHICH...
|
| 01:43:54 |
Unidentified Speaker, -
DOCUMENT THAT-THIS IS THE MISSING PIECE OF THE OCTOBER 17TH CONTRACT THAT IS SO LIMITED DESPITE THE MERGER CLAUSE CLAIMING THAT INCLUDES ALL PARTS...
|
| 01:44:51 |
Unidentified Speaker, -
IS
|
| 01:44:53 |
Unidentified Speaker, -
SIGNED BY KWAME KILPATRICK AND IT IS SIGNED BY CHRISTINE BEATTY, RIGHT? IT ALSO IS INTERESTING, AND THIS MATS ALMOST ONE-FOR-ONE THE CONFIDENTIALITY...
|
| 01:46:17 |
Unidentified Speaker, -
MINUTE. >> I AM MISSING PAGE FOUR. I DON'T KNOW IF YOU ARE. >> I'M MISSING IT. DO WE HAVE
|
| 01:46:23 |
Unidentified Speaker, -
ANY
|
| 01:46:25 |
Unidentified Speaker, -
MORE? IF I MAY. >> WE ARE GETTING OTHER
|
| 01:46:37 |
Unidentified Speaker, -
|
| 01:46:39 |
Unidentified Speaker, -
|
| 01:46:42 |
Unidentified Speaker, -
COPIES. >> THANK YOU. >> YOU WERE DRAWING SIGNIFICANCE OUT OF-. >>
|
| 01:47:03 |
Unidentified Speaker, -
SURE. >> YOU HAVE ANY QUESTIONS COUNSELOR ABOUT
|
| 01:47:11 |
Unidentified Speaker, -
|
| 01:47:13 |
Unidentified Speaker, -
ITEMS? >> THANKS GOVERNOR. >> ALRIGHT. >> EXPLAIN THE SIGNIFICANCE. >> I WOULD DRAW PEOPLE'S ATTENTION TO THE SENTENCE
|
| 01:47:25 |
Unidentified Speaker, -
BEGINNING ON LINE FIVE AND I WILL READ IT
|
| 01:47:27 |
Unidentified Speaker, -
SO EVERYBODY CAN UNDERSTAND WHAT IT IS, WHETHER NOT TO HAVE A COPY. DISSES PLEA THIS AND S&S ACKNOWLEDGE AND AGREE THAT THE COVENANTS CONTAINED HERE...
|
| 01:47:38 |
Unidentified Speaker, -
PROTECTION OF
|
| 01:47:39 |
Unidentified Speaker, -
THE PRIVACY RIGHTS OF KILPATRICK AND BEATTY
|
| 01:47:42 |
Unidentified Speaker, -
AND
|
| 01:47:43 |
Unidentified Speaker, -
OTHER PRIVILEGES AVAILABLE TO THEM. AND THAT STRIKES ME AS CORRECT, THE CONFIDENTIALITY AGREEMENT IS ABOUT THEIR PRIVACY AND THEREFORE DOES NOT SURPRISING...
|
| 01:48:20 |
Unidentified Speaker, -
TO THE CITY OF DETROIT, BUT WHAT IS IMPORTANT IS NOT WHO THEY ARE PAID TO, BUT TO HAVE TO PAY THEM AND THEIR MOUNTS BECAUSE BASICALLY THEY SERVE AS...
|
| 01:48:31 |
Unidentified Speaker, -
AND SO DOES THE FACT THAT THE PLAINTIFFS, OR STEFANI, STEFANIE HAVE TO PAY THEM AND THERE IS A LARGE THAT FROM THEIR PERSPECTIVE THE DOES NOT MATTER...
|
| 01:49:13 |
Unidentified Speaker, -
PREVIOUS UNDERSTANDINGS WRITTEN OR ORAL BETWEEN THEM. THIS
|
| 01:49:16 |
Unidentified Speaker, -
IS ANOTHER MERGER COSTS AND AGAIN, THAT IS THIS EVENTS WITH THE FACT THAT THIS IS NOT THE FULL AND COMPLETE AGREEMENT. THE FULL AND COMPLETE AGREEMENT...
|
| 01:50:16 |
Unidentified Speaker, -
OF THIS. >> YEAH, YOU CANNOT SEPARATE THEM OUT SO EVEN IN THE DOCUMENT THAT PURPORTS TO SAY THIS IS ONLY THE CONFIDENTIALITY, ONLY ABOUT PRIVACY, THE...
|
| 01:50:39 |
Unidentified Speaker, -
THEM TO ENTER THIS AGREEMENT IN MY OPINION WITHOUT THE SETTLEMENT AGREEMENT. THESE THINGS ARE INHERENTLY AND INEXTRICABLY LINKED TOGETHER. >> OKAY,...
|
| 01:51:12 |
Unidentified Speaker, -
A SORT OF FOLLOW THE SICK CASE OF WHO IS HANDING THE BRIEFCASE OFF. >> OBJECTION, LET ME ASK A QUESTION. WHAT SAVITT DIGGINS DID YOU DRAW FROM YOUR...
|
| 01:51:27 |
Unidentified Speaker, -
IT AGAINST THE DRAW FROM YOUR REVIEW OF EXHIBIT TEN? >> I WOULD SAY TWO THINGS. FIRST IS THAT THE AGREEMENT FOR PORTS TO MANAGE U.S. ACCESS AND CONTROL...
|
| 01:51:38 |
Unidentified Speaker, -
TEXT MESSAGES AS OF SEPTEMBER OR OCTOBER 17TH SO IT IS DATED THE SAME DAY AS THE PRIVATE CONTRACTUAL SETTLEMENT OF THE AGREEMENT WE TALKED ABOUT EARLIER,...
|
| 01:51:50 |
Unidentified Speaker, -
THEN TRIES TO COVERING WHERE THE TEXT MESSAGES WILL BE AT THE DIFFERENT APPROVALS ARE GOING TO BE SOUGHT FOR THE OCTOBER 17 SETTLEMENT AGREEMENT AND...
|
| 01:53:18 |
Unidentified Speaker, -
AND VOID-STAFF VONNIE. >> AN AGREEMENT THAT
|
| 01:53:21 |
Unidentified Speaker, -
WAS ENTERED INTO ON OCTOBER 17, THE REJECTION OF THE TERMS OF THE SETTLEMENT AGREEMENT THAT WAS DONE BY THE MAYOR SAYS THAT HE IS REJECTING THE TERMS...
|
| 01:53:42 |
Unidentified Speaker, -
A GOOD QUESTION. NOW WE ARE TRYING TO SAY HOW DID THESE TWO THINGS RELATE AND LIKE ALL GOOD PROFESSORS I WILL SAY YOU CAN MAKE ARGUMENTS ON EITHER SIDE....
|
| 01:54:03 |
Unidentified Speaker, -
PARTY AND THERE IS NO CONDITION. THE ESCROW AGREEMENT, SO MY ANALYSIS WOULD BE ONCE THIS IS SIGNED THE PARTISAN ACCOUNT AND THIS-THEIR CONDITIONS, WOULD...
|
| 01:54:57 |
Unidentified Speaker, -
A SUPPLEMENTAL ESCROW AGREEMENT. APPELEE THE CONTRACT FOR THE
|
| 01:55:01 |
Unidentified Speaker, -
SAFE DEPOSIT BOX EITHER JAHR LITERALLY GET STAX'S TO THE RECORDS, AND THIS IS TO CLARIFY DESPITE THE FACT IS UNDER CONTRACT WITH THE BANK, GIVING THEM...
|
| 01:55:17 |
Unidentified Speaker, -
ACCESS THE RECORDS UNLESS BOTH REPRESENTATIVES OUR PRESENT. >> THIS DOCUMENT, WITH THE EFFECTIVE DATE OF WHICH IS WHAT? >> NOW I AM READING THROUGH, IT...
|
| 01:55:42 |
Unidentified Speaker, -
THE ORIGINAL ESCROW AGREEMENT. >> OCTOBER 27? >> CORRECT. >> I DON'T HAVE ANY QUESTIONS AT THIS TIME. >> ALRIGHT, WHO KNOW
|
| 01:55:50 |
Unidentified Speaker, -
FOR THE
|
| 01:55:53 |
Unidentified Speaker, -
|
| 01:55:56 |
Unidentified Speaker, -
QUESTIONS? [INAUDIBLE] >>
|
| 01:56:04 |
Unidentified Speaker, -
|
| 01:56:07 |
Unidentified Speaker, -
|
| 01:56:12 |
Unidentified Speaker, -
PROFESSOR YOU SAID SOMETHING CURIOUS ON DIRECT EXAMINATION AND I WANT TO ELABORATE. YOUR PURPOSE HERE AS AN EXPERT IS TO TAKE A LOOK AT THE DOCUMENTS...
|
| 01:56:38 |
Unidentified Speaker, -
HE LAPSED INTO THE STATEMENT AND SAID, THE BEAUTY OF THE CONTRACT LIES WITHIN THE OBJECTIVE EVIDENCE. >> I WAS MAKING A COMMENT ABOUT CONTRACT THEORY...
|
| 01:57:10 |
Unidentified Speaker, -
A CONTRACT? >> THE INTENT
|
| 01:57:12 |
Unidentified Speaker, -
IS VERY IMPORTANT AND THE INTENT OF THE PARTIES UNDER TRADITIONAL STANDARDS
|
| 01:57:16 |
Unidentified Speaker, -
IS INFERRED BY WHAT IS REASONABLE THIRD PARTY WOULD MEAN
|
| 01:57:19 |
Unidentified Speaker, -
BY THEIR WORDS AND CONDUCT. >> REASONABLE THIRD PARTY BEING A JUDGE OF THE INTENT OF THE
|
| 01:57:25 |
Unidentified Speaker, -
PARTIES? >> WOULD BE AN OBJECTIVE
|
| 01:57:26 |
Unidentified Speaker, -
THIRD PARTY WHICH OFTEN IS A JUDGE BUT COULD BE A JURY OR SOMEBODY ELSE. >> BUT AS IT RELATES TO THE INTENTION OF THE
|
| 01:57:33 |
Unidentified Speaker, -
PARTIES, THOUGH YOU THINK IT IS IMPORTANT TO KNOW WHAT IT IS THAT EACH PERSON KNEW? >> NO, WHAT I NEED TO KNOW IS WHAT EACH PERSON SAID AND I
|
| 01:57:43 |
Unidentified Speaker, -
NEED TO KNOW IF EACH PERSON THE
|
| 01:57:46 |
Unidentified Speaker, -
SCENTED AND THE ACTIVE CONTRACT INTERPRETATION IS TO GO TO THE WORDS AND THEN THE PARTIES WILL BE BOUND BY WHAT
|
| 01:57:51 |
Unidentified Speaker, -
ANY REASONABLE THIRD PARTY WOULD BELIEVE THAT THIS WOULD MEAN AND THAT IS HOW WE DETERMINE THEIR
|
| 01:58:00 |
Unidentified Speaker, -
INTENT. >> BUT, THERE DOCTRINES AND CONTRACT RELATES TO WHETHER OR NOT THERE WAS AN INTENT ON THE PART OF THE PARTIES AND WHETHER NOT A CONTRACT CAN...
|
| 01:58:21 |
Unidentified Speaker, -
ABOUT THAT? WE KNOW THAT BUT MAYBE FOR THE RECORD. >> SURE, IF THERE IS A MUTUAL MISTAKE UNDER APPROPRIATELY THE STANDARDS IN CIRCUMSTANCES, THAT CAN...
|
| 01:58:35 |
Unidentified Speaker, -
YOU LOOK AT THE MISTAKE, WHAT IS IT THAT YOU LOOK TO DETERMINE, WHETHER
|
| 01:58:39 |
Unidentified Speaker, -
OR NOT THERE IS A MISTAKE? >> FIRST IT HAS TO BE NEUTRAL IN ONE OF THE FOUNDATIONS OF CONTRACT LAW IS ICKY MAKE EEGHEN A LETTER MISTAKE TO RUN RUN,
|
| 01:58:48 |
Unidentified Speaker, -
THE LAW DOES THAT SAY YOU FOR YOUR LETTER A MISTAKE. IT HAS TO BE A MISTAKE USUALLY TO AN OBJECTIVE FACT SHARED BY BOTH PARTIES AND
|
| 01:58:56 |
Unidentified Speaker, -
THEREFORE, IF I HAVE A MISTAKEN BELIEF AS TO AN OBJECTIVE THAT SHARED BY BOTH
|
| 01:59:02 |
Unidentified Speaker, -
PARTIES, THAT UNDER PRUITT CIRCUMSTANCES CAN LEAD TO INVALIDATING A CONTRACT. >> IT SEEMS THAT THE ROUTE THE EXHIBITS THAT YOU SHOWED ME THERE WERE...
|
| 01:59:28 |
Unidentified Speaker, -
OTHER. >> IN TENSIONS? IN TENSION WITH? >> HARD TO RECONCILE WITH THE OTHER DOCUMENTS. >> NEVERTHELESS, THERE WERE DOCUMENTS
|
| 01:59:43 |
Unidentified Speaker, -
THAT WERE DRAFTED AND THERE WERE NEW SIGNATURES THAT ARE EXECUTED. BASICALLY ALONG THE SAME LINES AS THE ORIGINAL DOCUMENTS, WOULD YOU AGREE? >> THERE...
|
| 01:59:54 |
Unidentified Speaker, -
CORRESPONDENCE BETWEEN THE SUBSTANCE AND CONTENTS OF THE OCTOBER 17TH AGREEMENT
|
| 01:59:59 |
Unidentified Speaker, -
AND THE THREE FRACTURED
|
| 02:00:01 |
Unidentified Speaker, -
SUBSEQUENT DOCUMENTS SIGNED IN INTERVENTION ON NOVEMBER 1ST SO THEY ARE NOT IDENTICAL BUT IN TERMS OF THE SUBSTANTIVE CORRESPONDENCE THERE IS A HIGH...
|
| 02:00:13 |
Unidentified Speaker, -
TERM THAT YOU USE WHEN YOU ARE INSTRUCTING OUR STUDENTS? >> I WOULD USE THAT TERM. >> NOT SEPARATED OR REDRAFTED OR REFORM? >> MANY OF THOSE WORDS...
|
| 02:00:32 |
Unidentified Speaker, -
MEDICAL SCHOOL I WHO MIGHT REMEMBER THAT. >> PART IT IS MY ECONOMICS AND MATH BACKGROUND. THAT IS A
|
| 02:00:38 |
Unidentified Speaker, -
FRAME THAT COMES EASY TO
|
| 02:00:41 |
Unidentified Speaker, -
ME. >> YOU SAID YOU DID NOT
|
| 02:00:44 |
Unidentified Speaker, -
TALK TO THE PARTIES AT ALL, SO YOU DON'T KNOW WHAT IT
|
| 02:00:47 |
Unidentified Speaker, -
WAS THAT REALLY MOTIVATED THE INTENTION. YOU ARE IN FRINK AND THE DOCUMENTS? >> THAT IS
|
| 02:00:56 |
Unidentified Speaker, -
CORRECT. >> I AM GOING TO TAKE YOU 1J1-1J-3 AND I WANT TO GO TO
|
| 02:01:05 |
Unidentified Speaker, -
THAT DOCUMENT. I WANT TO ADDRESS SOME OF THE THINGS THAT YOU
|
| 02:01:16 |
Unidentified Speaker, -
SAID. FROM AN ECONOMIC STANDPOINT, YOU STARTED TO TALK ABOUT LIQUIDATED DAMAGES AND THE FACT THAT
|
| 02:01:22 |
Unidentified Speaker, -
THERE WAS A ONE-FOR-ONE LIQUIDATING DAMAGES PROVISION IN THIS THAT YOU INFERRED SOMETHING WAS, WAS INAPPROPRIATE AND MAYBE NOT ENFORCEABLE. >> JUST FOR...
|
| 02:01:56 |
Unidentified Speaker, -
WAS INAPPROPRIATE, IS THAT CORRECT? >> I WOULD INDULGE YOU PLEASE REPEAT THE QUESTION. >> WERE TALKING ABOUT LIQUIDATING DAMAGES UNDER DIRECT TESTIMONY...
|
| 02:02:09 |
Unidentified Speaker, -
17. >> CORRECT. >> AND, YOUR CONCLUSION WAS THAT THE FACT THAT LIQUIDATED DAMAGES WERE ESSENTIALLY
|
| 02:02:20 |
Unidentified Speaker, -
ONE FOR ONE, IN THE RATIO OF DEBT TOTALED
|
| 02:02:24 |
Unidentified Speaker, -
ONE FOR ONE THAT THAT WAS AN INAPPROPRIATE AMOUNT? >> I WANT TO SORT OF BE CLEAR, I SAID MANY THINGS ABOUT LIQUIDATED DAMAGES.
|
| 02:02:33 |
Unidentified Speaker, -
IT IS THAT AN ATTEMPT TO APPLY THE LEGAL STANDARD AND A LEGAL
|
| 02:02:36 |
Unidentified Speaker, -
STANDARD IS, IS THE GOOD FAITH EFFORT, EX-ANTE BY THE PARTIES TO FORECAST THE ACTUAL HARM THAT WILL RESULT IF THE AGREEMENT IS REACHED, THE LEGAL STANDARD....
|
| 02:02:49 |
Unidentified Speaker, -
PRACTICAL EXPERIENCE WITH CONTRACTS BUT TEACHING CONTRACTS, IN AN INTELLECTUAL SENSE, YOU UNDERSTAND WHAT THE LAW IS RELATED TO LIQUIDATED DAMAGES...
|
| 02:03:09 |
Unidentified Speaker, -
ARE HIGHER THAN THE SHOULD BE THEY SHOULD NOT BE IN VALIDATED. >> ONLY BECAUSE OF THE FACT SOME COURT MIGHT DO THAT BUT YOU SEE THIS DOCUMENT, SEPTEMBER...
|
| 02:03:29 |
Unidentified Speaker, -
THAT IS CORRECT. >> KNOW WHO MR. MCCARGO IS? SO YOU DON'T KNOW HOW MANY YEARS HAS
|
| 02:03:35 |
Unidentified Speaker, -
BEEN PRACTICING OR HIS REPUTATION IN THE COMMUNITY? >> NO IDEA. >> YOU DON'T KNOW ABOUT MR. STENFANI? YOU NEVER MET MR. STENFANI? YOU DO SEE THE FACT...
|
| 02:03:51 |
Unidentified Speaker, -
IT WAS AGREED TO. >>
|
| 02:03:53 |
Unidentified Speaker, -
THE PARTIES CAN AGREE TO ALL CERTAIN THINGS AND THAT IS WHAT THE WORLD OF LAWS TO COMMEND COME
|
| 02:03:58 |
Unidentified Speaker, -
TO SAY WHICH AZTECS ARE ENFORCEABLE AND WHICH ARE NOT IN THE STANDARDS
|
| 02:04:01 |
Unidentified Speaker, -
AND LIQUIDATED DAMAGES ARE QUITE CLEAR. THEY CAN AGREE TO THEM AND ACCORD WILLEN BELLATIK THEM AS A MATTER OF PUBLIC POLICY BECAUSE THERE IS A STRONG...
|
| 02:04:15 |
Unidentified Speaker, -
AND EASILY SERVES AS A PUNISHMENT OR PENALTY SO WHEN YOU OBSERVED A LIQUIDATED DAMAGES PROVISION THAT IS EXCESSIVE, THE FIRST LOGICAL INFERENCE IS...
|
| 02:05:03 |
Unidentified Speaker, -
THE
|
| 02:05:04 |
Unidentified Speaker, -
COURTS ARE ASKED TO ENTER INTO AN OPINION AND THE LESS THE AGREE WITH
|
| 02:05:08 |
Unidentified Speaker, -
YOUR AGREEMENT AS TO WHAT THE STATUS OF THE LOT IS, THEN NOTHING IS DONE AND IT IS
|
| 02:05:14 |
Unidentified Speaker, -
AN AGREEMENT BETWEEN THE PARTIES. WOULD YOU ACCEPT THAT STATEMENT? >> NO, IT IS AN AGREEMENT AS A MATTER OF LAW. >> I THINK THIS POINT IN THE NEXT QUESTION...
|
| 02:05:42 |
Unidentified Speaker, -
THE INTENT IS TO BE DETERMINED SO YOU
|
| 02:05:44 |
Unidentified Speaker, -
LOOK GOOD AGREEMENT AND THAT IS HOW YOU AND FOR THE INTENSE. >> YOU SAID THAT THE SETTLEMENT AGREEMENT WAS INVALID BINDING CONTRACT AS OF OCTOBER 17TH....
|
| 02:06:01 |
Unidentified Speaker, -
BY CONSIDERATION, THE LOGICAL INFERENCE FROM THE DOCUMENT THAT PURPORTS TO BE AN AGREEMENT, SUCH CONSIDERATION, SITES PROMISES ON COSIGNS AND SIGNED...
|
| 02:06:13 |
Unidentified Speaker, -
THIS IS A BINDING WRITTEN AGREEMENT. >> IS THERE ANYTHING THAT WOULD AFFECT THAT SUGGESTION OR YOUR INFERENCE
|
| 02:06:20 |
Unidentified Speaker, -
THAT IT IS A BINDING AN EFFECTIVE LEGAL AGREEMENT? >> NOT FROM ANY OF THE DOCUMENTS THAT I HAVE AGREED TO OBSERVE. >> IF YOU HAD A CONVERSATION WITH MR....
|
| 02:06:37 |
Unidentified Speaker, -
YOUR CONCLUSION OR YOUR INFERENCE? >> I WOULD THEN LOOK AT THE BODY OF EVIDENCE AND I DO HAVE A DRAFT, AND
|
| 02:06:44 |
Unidentified Speaker, -
IS MARKED UP AND I HAVE GONE THROUGH VERY CAREFULLY AND GONE THROUGH PROVISION BY
|
| 02:06:48 |
Unidentified Speaker, -
PROVISION AND YOU SEE THE THINGS THAT ARE CHANGED HERE AND ARE INCORPORATED HERE AND I LOOKED AT THE SIGNATURE PAGE OF THE DRAFT AGREEMENT, AND THEY...
|
| 02:07:00 |
Unidentified Speaker, -
THIS AGREEMENT, THEY ARE ALL SIGNED AND I WILL TELL YOU, YOU SIDEY YOU ARE BOUND. THAT IS ONE OF THE MOST RELIGIOUS TENETS OF CONTRACT LAW, YOU SIGNED...
|
| 02:07:36 |
Unidentified Speaker, -
UNTIL HE IS ASK THE QUESTION? >> PRINCIPALS ARE
|
| 02:07:40 |
Unidentified Speaker, -
BOUND BY THE BACKS OF THE AGENTS SO THERE IS A LEGITIMATE AGENCY RELATIONSHIP, THEN THE ACTIONS
|
| 02:07:46 |
Unidentified Speaker, -
OF THE AGENTS ARE FINDING TO THE PRINCIPLE. >> WE ARE TRYING YEAR IN THIS CASE TO INFER THE ACTIONS OF THE MAYOR AND AT LEAST AS IT RELATES TO THIS ORIGINAL...
|
| 02:08:00 |
Unidentified Speaker, -
DOING WITH THIS ACTION ON SOMEBODY WHO IS ACTING ON HIS BEHALF IS TEMPERING THAT HE HAD KNOWLEDGE OF WHAT ACTUALLY WAS IN THIS DOCUMENT AND HOW WAS
|
| 02:08:11 |
Unidentified Speaker, -
DRAFTED. >> I AM IN BURRING THAT THIS IS SIGNED BY REPRESENTATIVE, IN FACT TWO REPRESENTATIVES OF THE MAYOR AND AGAIN, I WILL ONLY TESTIFY AS TO WHAT...
|
| 02:08:34 |
Unidentified Speaker, -
DRAW FROM EXHIBIT 1J6, WHERE HE REJECTS THE TERMS AND CONDITIONS OF THE SETTLEMENT? >> AS I SAID IN TERMS OF THE LEGAL CONCLUSION THAT A TRUE, TO ME...
|
| 02:08:53 |
Unidentified Speaker, -
SATISFIED. >> WAS NOT SATISFIED, AND THAT CONCLUSION IS BECAUSE HE REJECTS IT WITHIN TEN DAYS, THE CONDITION PRECEDENT THAT WAS IN THE
|
| 02:09:02 |
Unidentified Speaker, -
ORIGINAL AGREEMENT THAT WE JUST REFERRED TO HAVE NOT BEEN MET, BUT WHAT INFERENCE THE MAKE THEN FROM HIS CONSENTS OR HIS KNOWLEDGE OR IS AUTHORIZATION...
|
| 02:09:16 |
Unidentified Speaker, -
BEHALF A DOCUMENT, JUST THIS FIRST DOCUMENT THAT IS NOT EXECUTED BY HIM? >> IKE THE FOLLOWING INFERENCE FROM THE DOCUMENT. AS OF OCTOBER 17, REPRESENTATIVE...
|
| 02:09:43 |
Unidentified Speaker, -
THAT THAT FROM THE 17TH WHEN HE ASSENTED TO THE AGREEMENT TO THE 27TH, THAT SOMETHING CHANGED HIS MIND. >> YOU BELIEVE IN PRECISION IN YOUR LANGUAGE,...
|
| 02:10:14 |
Unidentified Speaker, -
THERE IS A BALLOT AGENCY RELATIONSHIP THE ASCENT IS BINDING UPON THE PARTY
|
| 02:10:17 |
Unidentified Speaker, -
AND THAT IS JUST BASIC
|
| 02:10:19 |
Unidentified Speaker, -
PRINCIPLES. >> SUBJECT TO WHAT? SUBJECT TO SUBSEQUENT APPROVAL WITHIN TEN DAYS? >> THERE IS A PROVISION HERE THAT CALLS FOR THE EXPRESS APPROVAL. THAT...
|
| 02:10:31 |
Unidentified Speaker, -
TRUE. >> SO, NOW WE START TALKING ABOUT HIS ASCENT AND THE FACT THAT HIS ATTORNEYS SIGN THE DOCUMENT WITHOUT ANY KNOWLEDGE FROM ANY PERSON AS
|
| 02:10:41 |
Unidentified Speaker, -
TO WHETHER NOT THAT PERSON ACTUALLY DID EVEN KNOW ABOUT THE DOCUMENT
|
| 02:10:45 |
Unidentified Speaker, -
BEING SIGNED, OR KNOW ABOUT THE TERMS OF THE DOCUMENT FOR GUSS SO, I ASK YOU AGAIN WHAT INFERENCE THE GETS FROM THE FACT THAT HE REJECTS IT WITHIN THE...
|
| 02:10:55 |
Unidentified Speaker, -
PERIOD? AS IT RELATES TO THE AUTHORITY THAT MR. MCCARGO HAD THE SIGN THAT DOCUMENT. >> NADDIE CAN ANTICIPATE THE BEAUTY OF CONTRACT LAW TO BE LOOKING...
|
| 02:11:22 |
Unidentified Speaker, -
READING I CANNOT DO THAT. I DON'T THINK IS A PRODUCTIVE AT-EXERCISE. >> SO, THEN WE HAVE THE CONDITIONS PRECEDENT. WERE YOU AS AN ECONOMIST ASKED TO...
|
| 02:12:01 |
Unidentified Speaker, -
WHAT THE SUPREME COURT AUTHORIZES AS INTEREST FOR PAYMENT OF INTEREST ON COURT JUDGMENT? >> I DO NOT. >> DO YOU KNOW WHETHER NOT INTEREST RUNS FROM THE...
|
| 02:12:18 |
Unidentified Speaker, -
THINK THE RULES DETERMINE WHEN INTEREST JUDGEMENT
|
| 02:12:21 |
Unidentified Speaker, -
INCREASES. >> AND YOUR EXPERIENCE AS A PERSONAL INJURY CONSULTANTS? >> I HAVE NEVER BEEN A PERSONAL
|
| 02:12:29 |
Unidentified Speaker, -
INJURY CONSULTANT. >>
|
| 02:12:31 |
Unidentified Speaker, -
AND SO, THE KNOW WHEN THE LAWSUIT WAS FILED? >> I DO NOT. >> WOULD YOU HAVE EXPECTED MILLION DOLLARS IN
|
| 02:12:38 |
Unidentified Speaker, -
INTEREST WOULD HAVE ACCRUED? >> I HAVE NOT BEEN ASKED TO REVIEW THAT INFORMATION AND I
|
| 02:12:43 |
Unidentified Speaker, -
DON'T COME WITH A PROFESSIONAL OPINION. >> BUT, YOU ARE AN ECONOMIST AND YOU WERE NOT ASKED? >> I
|
| 02:12:48 |
Unidentified Speaker, -
WAS NOT ASK THAT QUESTION AND DID NOT TESTIFY ON
|
| 02:12:52 |
Unidentified Speaker, -
THAT ISSUE. >>
|
| 02:12:54 |
Unidentified Speaker, -
DID ANYONE ELSE OTHER
|
| 02:12:56 |
Unidentified Speaker, -
THAN THE MAYOR HAVE A RIGHT TO-AT
|
| 02:13:00 |
Unidentified Speaker, -
SETTLEMENT? >> PARAGRAPHIC EIGHT PROVIDES THAT MANY DIFFERENT PARTIES HAD TO EXPRESS THEIR APPROVAL AS
|
| 02:13:06 |
Unidentified Speaker, -
CONDITIONS UNDER THE AGREEMENT. >>
|
| 02:13:09 |
Unidentified Speaker, -
REFERRING TO 1J3? >> CORRECT. >> AND, SO THAT THE CITY HAD
|
| 02:13:16 |
Unidentified Speaker, -
THE RIGHT TO
|
| 02:13:21 |
Unidentified Speaker, -
APPROVE? >> I THINK SORT OF IN THE NEGATIVE, THAT THE CITY HAS TO EXPRESS ITS APPROVAL BY A PARTICULAR DATE, IF THE CONDITIONS WILL
|
| 02:13:30 |
Unidentified Speaker, -
BE SATISFIED. >> BASED ON THE DOCUMENTS THAT YOU
|
| 02:13:34 |
Unidentified Speaker, -
REVIEW TODAY, DID THEY? >>
|
| 02:13:36 |
Unidentified Speaker, -
I HAVE NOT SEEN DOCUMENTS TO THAT
|
| 02:13:44 |
Unidentified Speaker, -
EFFECT. >> IN ANY EVENT, THAT AGREEMENT, THE SETTLEMENT AGREEMENT
|
| 02:13:53 |
Unidentified Speaker, -
BECOMES NULL AND VOID AS OF THE DATE OF THE REJECTION, NOVEMBER 1ST,
|
| 02:13:57 |
Unidentified Speaker, -
IS THAT CORRECT? >> AGAIN, TO QUIBBLER ON FRAMING, NO LEGAL OBLIGATION ARISE THAT THE THE FACT THAT THE CONDITION IS NOT FULFILLED
|
| 02:14:07 |
Unidentified Speaker, -
BUT I WOULD EXPAND WITH-TESTING WITH THAT, THERE IS STILL A VALID BINDING LEGAL AGREEMENT, SUBJECT TO CONDITIONS AND YOU HAVE TO THINK SEPARATELY FROM...
|
| 02:14:21 |
Unidentified Speaker, -
TO THE AGREEMENT. >> BUT, WOULD YOU AGREE THEN THAT AFTER OCTOBER THE 27TH, WHAT'S THE REJECTION BY ONE OF THE PARTIES HAD BEEN MADE, THAT THERE WAS...
|
| 02:14:44 |
Unidentified Speaker, -
THIS NEXT EXHIBIT WHICH IS ONE J SIX, WE ARE TALKING ABOUT WHAT IS ON THE BILLBOARD
|
| 02:14:53 |
Unidentified Speaker, -
THEIR, THERE IS A NOTICE OF APPROVAL THAT HAS OCCURRED BASED ON A DOCUMENT THAT WAS EXECUTED ON NOVEMBER 1ST AND THAT WOULD HAVE BEEN
|
| 02:15:04 |
Unidentified Speaker, -
A FEW DAYS AFTER THE REJECTION, IS THAT RIGHT? >> THAT IS CORRECT. >> SIGNED BY THE MAYOR THIS TIME. >> THAT IS CORRECT. >> AND, WHAT IT SEEMS TO DO IS...
|
| 02:15:28 |
Unidentified Speaker, -
DOCUMENT SAYS. IT SAYS THAT HE
|
| 02:15:30 |
Unidentified Speaker, -
EXPRESSES HIS APPROVAL
|
| 02:15:34 |
Unidentified Speaker, -
TO TERMS AND CONDITIONS OF SETTLEMENT AS DESCRIBED IN SET FORTH
|
| 02:15:37 |
Unidentified Speaker, -
IN THE SETTLEMENT AGREEMENT EXECUTED BY THE PARTIES DATED NOVEMBER 1ST,
|
| 02:15:47 |
Unidentified Speaker, -
2007. >> TO WHAT EXTENT THE CITY COUNCIL HAVE THE AUTHORITY AS IT RELATES TO A LAWSUIT, DO THEY GET TO APPROVE THE TERMS AND CONDITIONS OF THE SETTLEMENT?...
|
| 02:16:13 |
Unidentified Speaker, -
IS A MATTER OF THE CITY CHARTER. >> THAT IS BECAUSE HE DID NOT REVIEW THE CITY CHARTER. >> I AND YOU ARE LOOKING AT THE LEGAL EFFECT OF THESE AGREEMENTS...
|
| 02:16:27 |
Unidentified Speaker, -
CAROL GRAF AIT AND AS WITH THE FINE WHATEVER OBLIGATIONS THE CITY HAS THAT ARISE OUT OF THIS AGREEMENT. >> I AM SORRY, WE ARE AT EXHIBIT WHICH ONE? >>...
|
| 02:16:37 |
Unidentified Speaker, -
17 SETTLEMENT
|
| 02:16:39 |
Unidentified Speaker, -
AGREEMENT, EXHIBIT 1J3 ANDA SAYS THAT THE CITY SHALL HAVE 45 DAYS FROM THE DATE HEREOF OF OBTAINING APPROVAL OF CITY COUNCIL AND NOTIFY S&S OF SUCH...
|
| 02:16:54 |
Unidentified Speaker, -
THE AMOUNT? >> THIS HAS COME AGAIN I WILL ONLY
|
| 02:16:58 |
Unidentified Speaker, -
TELL YOU WHAT THE AGREEMENT SAYS AND WHAT I CAN INFER FROM THAT. THE SAYS APPROVAL. AT LEAST IN THE SENTENCE I AM LOOKING AT. >> SO, THE TERM DOES NOT...
|
| 02:17:14 |
Unidentified Speaker, -
OPEN BECAUSE OF THE INARTFULLY
|
| 02:17:16 |
Unidentified Speaker, -
LANGUAGE THAT IS THEN PLACED IN THE CONTRACT? >> WELL, IF YOU WANT TO BACKTRACK, TO TO GO PLACES, THE FIRST SENTENCE TALKS ABOUT, AND AGAIN THERE IS...
|
| 02:17:29 |
Unidentified Speaker, -
HERE AND THERE IS FOR DRAFTING BECAUSE THE FIRST SAYS THAT A CONDITION FOR RECEIVING THE AGREEMENT BECOMES OPERATIVE WHEN THE MONETARY TERMS OF THE SETTLEMENTS...
|
| 02:17:44 |
Unidentified Speaker, -
APPROVE THE AGREEMENT. AND OTHER PROVISIONS THAT SAYS THERE MUST BE APPROVAL AND THEREFORE THERE IS AN INTERESTING AMBIGUITY BUILT INTO IT WERE WON PRISON...
|
| 02:18:34 |
Unidentified Speaker, -
AT THE DRAFT AGREEMENT BECAUSE OFTENTIMES YOU LOOK AT THE PREVIOUS AGREEMENT TO TRY TO FIND WHAT THE PARTIES INTEND AND IF YOU LOOK NOW, AND THIS IS ...
|
| 02:18:52 |
Unidentified Speaker, -
HERE. AND, WHAT THIS IS SAYING IS THE FIRST SENTENCE AS WRITTEN SAYS AS A CONDITION PRECEDENT TO THIS AGREEMENT BECOMING OPERATIVE, IT, NOW MANY THE...
|
| 02:19:42 |
Unidentified Speaker, -
IT. I THINK THAT SHOULD LIKE. >> WOULD YOU SAY IT MIGHT BE REASONABLE INFERENCE? >> I THINK THAT AS ONE REASONABLE INFERENCE THAT COULD BE DRAWN FROM...
|
| 02:19:55 |
Unidentified Speaker, -
YOU. NOW I'M GOING TO TURN TO
|
| 02:20:06 |
Unidentified Speaker, -
EXHIBIT 1J6
|
| 02:20:08 |
Unidentified Speaker, -
PLEASE. >> THIS IS NOVEMBER 1, 2007. APPROVAL OF
|
| 02:20:23 |
Unidentified Speaker, -
THE SETTLEMENT AGREEMENT. >> NOW, IT SAYS THAT, IT SAYS NOTICE OF APPROVAL OF TERMS AND CONDITIONS OF SETTLEMENT OF THE ABOVE CAPTIONED MATTER, DO YOU...
|
| 02:20:41 |
Unidentified Speaker, -
APPEARS TO BE CERTAINLY WELL AFTER
|
| 02:20:48 |
Unidentified Speaker, -
OCTOBER THE 27TH, CORRECT? >> THAT IS CORRECT. THE FIRST ONE WAS OCTOBER 27, THE DATE ON THIS DOCUMENT IS NOVEMBER
|
| 02:20:59 |
Unidentified Speaker, -
1ST. >> WOULD YOU AGREE THAT IS
|
| 02:21:03 |
Unidentified Speaker, -
ALSO INARTFULLY DRAFTED? >> I THINK SOME PARTS ARE VERY CLEAR. IF YOU GO TO THE BODY OF THE LANGUAGE I WAS QUOTING HE IS EXPRESSING
|
| 02:21:13 |
Unidentified Speaker, -
HIS ASCENT TO THE TERMS AND CONDITIONS OF SETTLEMENT AS DESCRIBED IN SET FORTH AN AGREEMENT EXECUTED ON THE PARTIES DATED NOVEMBER 1ST. I DON'T THINK...
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| 02:21:23 |
Unidentified Speaker, -
ANY AMBIGUITY ABOUT THAT. I DO THINK THERE
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| 02:21:26 |
Unidentified Speaker, -
IS AMBIGUITY UNILATERALLY IN TERMS OF THE CAPTION, SO I THINK THE CAPTION IS AMBIGUOUS BUT I DON'T THINK THERE IS ANY AMBIGUITY AS TO THE LAST SENTENCE...
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| 02:22:18 |
Unidentified Speaker, -
HAVE YOU EVER DONE ONE? >> WELL, DEPENDS IF YOU CONSIDER THE EXXON-VALDEZ A PERSONAL INJURY. CERTAINLY A TORT. >> WERE YOU THE LEAD LAWYER IN THE CASE....
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| 02:22:53 |
Unidentified Speaker, -
THE SETTLEMENT DOCUMENT. >> NO, DID NOT. >> THAT WAS NOT YOUR QUESTION. >> THAT IS MY
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| 02:22:58 |
Unidentified Speaker, -
QUESTION. MY QUESTION IS DID YOU DRAFT THE
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| 02:23:00 |
Unidentified Speaker, -
DOCUMENTS? >> I DID NOT DRAFT THE
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| 02:23:04 |
Unidentified Speaker, -
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| 02:23:06 |
Unidentified Speaker, -
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| 02:23:07 |
Unidentified Speaker, -
DOCUMENTS. AND SO IT APPEARS AS
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| 02:23:09 |
Unidentified Speaker, -
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| 02:23:10 |
Unidentified Speaker, -
IF THIS 1
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| 02:23:11 |
Unidentified Speaker, -
J -- 1
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| 02:23:13 |
Unidentified Speaker, -
J 7 IN THE CAPTION SAYS ON
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| 02:23:15 |
Unidentified Speaker, -
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| 02:23:16 |
Unidentified Speaker, -
BEHALF 0 MAYOR
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| 02:23:18 |
Unidentified Speaker, -
KWAME KILPATRICK AND THE CITY OF DETROIT AS THE DEFENDANT. WHAT DO
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| 02:23:21 |
Unidentified Speaker, -
YOU INFER FROM THAT? >> THIS THIS AGREEMENT PURPORTS TO BIND THE MAYOR OF DETROIT AND THE CITY OF DETROIT. >> AND THAT AGAIN WAS AN AGREEMENT NOT SIGNED...
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| 02:23:44 |
Unidentified Speaker, -
BY McCARGO AND HANDWRITTEN IN THERE ATTORNEY
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| 02:23:48 |
Unidentified Speaker, -
FOR
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| 02:23:58 |
Unidentified Speaker, -
KILPATRICK. AT WHAT POINT THEN WOULD YOU DETERMINE THAT -- LET ME PHRASE THIS IN A BETTER WAY. YOU WENT TO THE CONFIDENTIALITY AGREEMENT, CORRECT?...
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| 02:24:42 |
Unidentified Speaker, -
SEPARATE
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| 02:24:43 |
Unidentified Speaker, -
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| 02:24:46 |
Unidentified Speaker, -
AGREEMENTS. >> THIS AGREEMENT RECITES THAT THERE ARE PRIVACY INTERESTS OF BOTH KILPATRICK AND BEATTY AND OTHER PRIVILEGES AVAILABLE TO THEM. >> YES IT...
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| 02:25:08 |
Unidentified Speaker, -
BELIEVE THAT I'D ASK YOU TO ASSUME A FACT. >> I WILL ASSUME A FACT. >> AND THAT FACT WOULD
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| 02:25:15 |
Unidentified Speaker, -
BE CHRISTINE BEATTY WAS NOT A PARTY
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| 02:25:17 |
Unidentified Speaker, -
TO THE
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| 02:25:18 |
Unidentified Speaker, -
LAWSUIT. WHAT IF ANY
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| 02:25:20 |
Unidentified Speaker, -
RELEVANT -- RELEVANCE WOULD THAT HAVE TO
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| 02:25:23 |
Unidentified Speaker, -
YOU IN YOUR DETERMINATION OF A SEPARATION OR FRACTURING OF THE AGREEMENT WOULD BE? >> VERY LITTLE.
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| 02:25:30 |
Unidentified Speaker, -
IN TWO RESPECTS. THE SUB STNS --
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| 02:25:33 |
Unidentified Speaker, -
SUBSTANCE OF THIS AGREEMENT TRACKS THE PREVIOUS
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| 02:25:35 |
Unidentified Speaker, -
ONE. WHETHER SHE WAS A PARTY TO THE PREVIOUS ONE OR NOT THERE IS SUCH A SUBSTANTIAL CORRESPONDENCE IT'S VERY HARD TO PRETEND THE SUBSTANTIVE AGREEMENT...
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| 02:25:49 |
Unidentified Speaker, -
WHAT I WOULD REFER I WOULD DRAW AN INFERENCE TO THE CONFIDENTIALITY ASPECT SEPARATED OUT FURTHER ASSERTED BY THE ASSERTION THAT'S PERSONAL NOT PUBLIC....
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| 02:26:41 |
Unidentified Speaker, -
STORE RID COMMUNICATIONS ACT? >> NO. >> FIRST AMENDMENT RIGHTS AS IT RELATES TO COMMUNICATIONS,
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| 02:26:47 |
Unidentified Speaker, -
PRIVATE COMMUNICATIONS BETWEEN
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| 02:26:48 |
Unidentified Speaker, -
PARTIES. >> PROBABLY NOT IN THE CONTEXT YOU'RE ASKING
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| 02:26:59 |
Unidentified Speaker, -
ABOUT.
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| 02:27:01 |
Unidentified Speaker, -
THIS PARAGRAPH 8 WHICH IS
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| 02:27:03 |
Unidentified Speaker, -
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| 02:27:04 |
Unidentified Speaker, -
IN PETITIONER'S EXHIBIT 1J-9 THE AGREEMENT. REPRESENTS THE ENTIRE UNDERSTANDING OF THE PARTIES WITH RESPECT TO THE SPECIFIC SUBJECT MATTER AND THIS...
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| 02:27:13 |
Unidentified Speaker, -
ALL PREVIOUS UNDERSTANDINGS WRITTEN OR ORAL BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER. YOU SAY THAT THAT IS A, SOMEWHAT -- WHAT IS THE...
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| 02:27:46 |
Unidentified Speaker, -
OTHER AGREEMENTS. >> CHRISTINE BEATTY WAS NOT PARTY TO ANY OF THE OTHER
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| 02:27:50 |
Unidentified Speaker, -
AGREEMENTS WAS SHE? >> THAT IS CORRECT. >> THIS ATTEMPTS TO CONFER ON THE INDIVIDUALS WHO ARE
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| 02:28:00 |
Unidentified Speaker, -
SIGNING YOUR PERSONAL RIGHTS WOULD YOU AGREE? >> THAT IS ONE OF THE THINGS THIS DOCUMENT DOES. >> SEPARATE PERSONAL RIGHTS, SEPARATE RIGHTS FROM THOSE...
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| 02:28:08 |
Unidentified Speaker, -
WERE FOR EXAMPLE THE MAYOR IN HIS REPRESENT TF CAPACITY AS THE
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| 02:28:13 |
Unidentified Speaker, -
MAYOR OF THE CITY OF DETROIT. >> IF WE OR THE GIVE A
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| 02:28:16 |
Unidentified Speaker, -
FAIR READING OF THIS DOCUMENT I DON'T THINK YOU CAN CONCLUDE THIS ONLY DEALS WITH THE MAYOR IN HIS PRIVATE CAPACITY. AS I'VE SAID FROM THE VERY
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| 02:28:23 |
Unidentified Speaker, -
BEGINNING IT'S VERY HARD TO DISENTANK
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| 02:28:26 |
Unidentified Speaker, -
TELL SETTLEMENT AGREEMENT AND CONFIDENTIALITY AGREEMENT AND THE OTHER PROVISIONS. I WOULD DISAGREE WITH THE PREMISE OF YOUR QUESTION THIS IS ONLY ABOUT...
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| 02:28:36 |
Unidentified Speaker, -
PRIVATE CAPACITY. >> BUT I'M LOOKING AT THE SIGNATURE LINE AND DOESN'T SAY MAYOR KBAUM KWAME KILL PATRICK IT SAYS KWAME KILPATRICK. >> RIGHT AND I...
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| 02:28:58 |
Unidentified Speaker, -
CONFIDENTIALITY AGREEMENT IN THE HEADING ON PAGE ONE REFERS TO THEM INDIVIDUALLY AND PERSONALLY. NOT IN
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| 02:29:06 |
Unidentified Speaker, -
ANY REPRESENTATIVE CAPACITY. >> WHICH PROVISION ARE YOU LOOKING SENATE. >> PAGE ONE. TOP OF THE PAGE WHEN THEY RECITE THE PARTIES. >> WHICH AGREEMENT?...
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| 02:29:17 |
Unidentified Speaker, -
CONFIDENTIALITY AGREEMENT 1J-9. DOES IT NOT SAY KWAME KILPATRICK INDIVIDUALLY AND PERSONALLY AND CHRISTINE
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| 02:29:28 |
Unidentified Speaker, -
BEATTY INDIVIDUALLY AND PERSONALLY? >> THAT IS
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| 02:29:30 |
Unidentified Speaker, -
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| 02:29:36 |
Unidentified Speaker, -
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| 02:29:39 |
Unidentified Speaker, -
CORRECT. IN THE EVENT THERE WAS A DISCLOSURE INCONSISTENT WITH THE AGREEMENT THE LIQUIDATED DAMAGES PROVISIONS WOULD GO TO THEM PERSONALLY, WOULD IT...
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| 02:30:00 |
Unidentified Speaker, -
IF YOU LOOK AT THE LANGUAGE THE LANGUAGE I BELIEVE WAS PRETTY CLEAR THE LIQUIDATED DAMAGES JUST AS IT WAS WRITTEN IN THE OCTOBER 17TH AGREEMENT WOULD...
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| 02:30:12 |
Unidentified Speaker, -
DETROIT. >> INARTFUL DRAFTING OR THE INTENTION OF THE PARTYS OR WHAT YOU READ NOW TODAY AFTER THE FACT NOT HAVING TALKED TO ANYBODY. >> MY INFRENGS BASED...
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| 02:30:36 |
Unidentified Speaker, -
UPON THE CONTEXT IN WHICH THE AGREEMENT EMERGES ESAI IT IS INEXPLICABLE AND CAN'T SEPARATE OUT THE
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| 02:30:43 |
Unidentified Speaker, -
PERSONAL AND IF YOUR INTENT WAS TO DO THAT THIS IS NOT A SUCCESSFUL ONE. THIS IS JUST ONE PART OF WHAT WAS THE EARLIER DOCUMENT BUT NOW IT'S BEEN...
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| 02:31:14 |
Unidentified Speaker, -
BASED ON MY REVIEW OF THESE DOCUMENTS WITHOUT ANY OF THE PERSONAL ASPECTS OF THESE DOCUMENTS. >>
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| 02:31:20 |
Unidentified Speaker, -
I HAVE DONE WHAT
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| 02:31:21 |
Unidentified Speaker, -
ANY CONTRACT SCHOLAR
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| 02:31:22 |
Unidentified Speaker, -
WOULD DO OR COURT WOULD DO IN TRYING TO
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| 02:31:24 |
Unidentified Speaker, -
DETERMINE THE LEGAL EFFECT OF THE MEANING IN THE DOCUMENTS I
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| 02:31:27 |
Unidentified Speaker, -
WAS PRESENTED. >> I
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| 02:31:29 |
Unidentified Speaker, -
HAVE NOTHING FURTHER. >> NO FURTHER QUESTIONS. >> HE MAY BE EXCUSED. I KNOW YOU HAVE A
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| 02:31:41 |
Unidentified Speaker, -
CLASS. THANKS SO MUCH FOR YOUR TESTIMONY. >> THANK YOU GOV. >> JUST FOR THE RECORD SINCE I HAD RESERVED RULING I THINK HE LAID ENOUGH FOUNDATION FOR...
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| 02:31:50 |
Unidentified Speaker, -
BE DECLARED AS AN PESHTHS IN THE ROLE OF HIS TESTIMONY. NEXT
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.