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In the Matter Of:

WACHS vs. GOLLOBITH


11-CA-015545
ED GOLLOBITH
March 19, 2014
VOLUME I
1 IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
2 CIVIL DIVISION
3 ELLENBETH WACHS,
4 Plaintiff,
Case No. 11-CA-015545
5 vs. Division: I
6 ED GOLLOBITH, TRACY THOMAS,
NAN OWENS, STEVE BROWN, MATT
7 COOPER, GLORIA JULIUS, STEVE
MILES, JAMES PETERSON, WALLACE
8 REINHARDT and ATHEISTS OF
FLORIDA, INC.,
9
Defendants.
10 ____________________________________/
11 ATHEISTS OF FLORIDA, INC., Consolidated with
Case No. 11-CA-015707
12 Plaintiff, Division: L
vs.
13
ELLENBETH WACHS and JOHN KIEFFER,
14
Defendants.
15 _____________________________________/
16 JOHN W. McKNIGHT, Consolidated with
Case No. 2012-CA-002073
17 Plaintiff,
vs.
18
ATHEISTS OF FLORIDA, INC., and
19 ELLENBETH WACHS,
20 Defendants.
____________________________________/
21
22 DEPOSITION OF ED GOLLOBITH
VOLUME I
23 (Pages 1 through 245)
24
25 Job No.: 87067
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DEPOSITION OF ED GOLLOBITH
8 VOLUME I
(Pages 1 through 245)
9
March 19, 2014
10 9:26 a.m. to 5:12 p.m.
Esquire Deposition Solutions
11 101 East Kennedy Boulevard
Suite 3350
12 Tampa, Florida 33602
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REPORTED BY:
22 ELLA DEAN SAMPSON, RDR
Registered Diplomate Reporter
23 Notary Public
State of Florida at Large
24 Esquire Deposition Solutions - Tampa, Florida
813-221-2535 (800-838-2814)
25 Job No.: 87067
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1 APPEARANCES:
2 On Behalf of the Plaintiff EllenBeth Wachs:
ROBERT H. BUESING, ESQUIRE
3 Trenam, Kemker, Scharf, Barkin, Frye,
O'Neill & Mullis, P.A.
4 Bank of America Plaza
101 East Kennedy Boulevard
5 Suite 2700
Tampa, Florida 33602
6 813.223.7474
rbuesing@trenam.com
7
On Behalf of the Defendants:
8 R. GALE PORTER, JR., ESQUIRE
Porter Law Group, LLC
9 One Urban Centre, Suite 475
4830 West Kennedy Boulevard
10 Tampa, Florida 33609
813.443.5345
11 gale@porterlawgroup.net
12 On Behalf of the Defendant Matt Cooper:
KYLIE CAPORUSCIO, ESQUIRE
13 C. TODD MARKS, ESQUIRE
Westchase Law
14 12029 Whitmarsh Lane
Tampa, Florida 33626
15 813.438.7114
todd@westchaselaw.com
16
ALSO PRESENT:
17
EllenBeth Wachs
18 John Kieffer
Robert Curry
19 Judy Adkins
James Peterson
20
21 INDEX
PAGE
22
Examination by Mr. Buesing........................... 5
23 Certificate of Reporter............................. 241
Certificate of Oath................................. 242
24 Deposition Errata Sheet............................. 243
25
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1 EXHIBITS
2 NO. DESCRIPTION PAGE
3 1 Email String................................ 117
4 2 12/4/11 email from Calhoun to Gollobith,
Owens, Thomas............................... 121
5
3 12/6/11 email from Calhoun to Wachs......... 124
6
4 Email String; Minutes of 2013 Annual Meeting
7 of the Board................................ 128
8 5 Email String................................ 131
9 6 Email String................................ 136
10 7 4/6/12 email from Golly..................... 139
11 8 Email String................................ 141
12 9 6/28/11 email from Ed Golly................. 145
13 10 6/29/11 email from Ed Golly................. 148
14 11 Email String................................ 149
15 12 Email String................................ 154
16 13 7/14/14 email from Golly.................... 168
17 14 7/14/14 email string........................ 170
18 15 7/15/14 email from Cooper to Ed............. 174
19 16 7/24/11 email............................... 179
20 17 7/27/11 email............................... 184
21 18 Email from Christos......................... 186
22 19 7/25/11 email from Golly to Gloria.......... 188
23 20 Email re Building........................... 189
24
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1 The deposition of ED GOLLOBITH was taken pursuant
2 to Notice by counsel for the Plaintiff on March 19,
3 2014, commencing at 9:26 a.m., at Trenam Kemker, 101
4 East Kennedy Boulevard, Suite 2700, Tampa, Florida.
5 Said deposition was reported by Ella Dean Sampson, RDR,
6 Notary Public, State of Florida at Large.
7 - - - - - - - - - -
8 THE REPORTER: Do you solemnly swear or affirm
9 the testimony you are about to give shall be the
10 truth, the whole truth and nothing but the truth?
11 THE WITNESS: I do.
12 WHEREUPON:
13 ED GOLLOBITH,
14 a witness, having been duly sworn to tell the truth, the
15 whole truth and nothing but the truth, was examined and
16 testified as follows:
17 EXAMINATION
18 BY MR. BUESING:
19 Q Please state your name.
20 A Ed Golly.
21 Q You also go by Edward Gollobith?
22 A Only for signing legal documents.
23 Q What is your legal name, sir?
24 A I consider it -- Golly is as legal as
25 Gollobith.
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1 Q You hadn't formally changed Gollobith to
2 Golly?
3 A No.
4 Q And what is your address, sir?
5 A 4303 South MacDill, Tampa.
6 Q And what is your current occupation?
7 A I'm not employed.
8 Q When were you last employed?
9 A 2011.
10 Q What was your occupation then?
11 A Commercial illustrator.
12 Q And by whom were you employed?
13 A Myself.
14 Q And why did you stop being a commercial
15 illustrator?
16 A I had to help my family with their own
17 financial affairs about the time that the market for
18 this type of work I specialized in dried up, so
19 everything worked out just coincidentally that I didn't
20 need to work anymore when there was very little market
21 for the kind of work that I had been doing for over
22 30 years.
23 Q And when you say you didn't need to work, you
24 mean you inherited money from your parents?
25 MR. PORTER: Objection. Bob, he's not making
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1 any claims in this case. You know, his financial
2 resources are irrelevant. There is no pleading
3 where he's asking for anybody to award damages to
4 him. I think it's completely out of bounds to ask
5 about his family money, and I'm going to either ask
6 you to move on, or we're going to have to call the
7 judge and ask him if you can inquire into his
8 family's finances.
9 MR. BUESING: Well, I'll come back around.
10 MR. PORTER: Fair enough.
11 MR. BUESING: The financial issues are an
12 issue in this case, and I can certainly explain that
13 to the judge should that become necessary.
14 BY MR. BUESING:
15 Q And when you say "family," you are talking
16 about your parents?
17 A That's right.
18 Q And you also have a sister?
19 A Right.
20 Q And why would the business for commercial
21 illustration dry up in 2007, what happened?
22 A I specialized in architectural illustration,
23 and the market for all that kind of work crashed with
24 the economy. And by the time I recovered, it's all
25 being done by computers. I did it all by hand. But it
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1 doesn't matter because I don't need to work.
2 Q Mr. Gollobith, the lawsuits that we're here on
3 today -- and, as you know, there's -- I guess there's
4 now four of them consolidated together -- included a
5 request for production of documents by a number of
6 parties to you. Do you recall documents has been
7 requested from you?
8 MR. PORTER: Object to the form. Are you
9 asking from Ed Golly or from other parties?
10 MR. BUESING: I'm talking from Ed Gollobith
11 only.
12 THE WITNESS: Production of documents?
13 MR. BUESING: Yes, sir.
14 THE WITNESS: Yes, we received those.
15 BY MR. BUESING:
16 Q And where are you in terms of compliance with
17 those requests?
18 A We've just recently compiled everything so
19 that we could make a complete, full delivery of
20 production. And it took a little bit of work to compile
21 this from different sources.
22 Q And when will that complete production occur?
23 A I would think we can have it ready within a
24 week.
25 Q And when you say "we," is this a group effort
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1 involving more than just you?
2 A Oh, yes.
3 Q Would Mr. Reinhardt's documents be in that
4 package?
5 A I'm not aware that he has any documents to
6 produce other than emails he might have produced. "We"
7 would include the treasurer and probably the current
8 president of the organization that have helped us
9 compile everything that has been asked for.
10 Q And the current president being whom?
11 A That's Judy Adkins.
12 Q And who is the current treasurer?
13 A Nan Owens.
14 Q So you're saying they have responsibility for
15 your personal production or you are talking about AOF?
16 In this deposition, when I use the phrase
17 "AOF," I mean Atheists of Florida, Inc.
18 A Right.
19 Q Are you saying that they worked on the AOF
20 productions or they worked on individuals as well?
21 A AOF productions.
22 Q And when these documents are produced within a
23 week, will they be in native, searchable format?
24 A Yes.
25 Q And can you tell us today how many additional
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1 documents you expect to produce within that week?
2 A I could only make a wild guess. Probably
3 3,000, give or take a thousand.
4 Q Have you looked through those documents?
5 A Not all of them.
6 Q You've looked through some of them?
7 A Right.
8 Q You looked through your own? You read through
9 them all?
10 A I've looked through my own, yes. And the
11 documents for the organization are the ones that I
12 haven't looked through.
13 Q And would these then be produced in a disk
14 format within a week? Is that your understanding?
15 A That's my understanding.
16 MR. PORTER: We can produce them however you
17 want. The plan was to send Ken from SDS to go over
18 there and take them, make photocopies, and send the
19 disks to everyone.
20 MR. BUESING: It will not be in a searchable
21 format if they came that way.
22 MR. PORTER: Well --
23 MR. BUESING: I think the way we want them is
24 in native, searchable format, which a lot of the
25 documents produced were in searchable format, so
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1 it's not like --
2 MR. PORTER: I think that emails -- see, you
3 know, I'm not a technology guy. A lot of these are
4 hard paper documents, others are emails. I think
5 emails, we can get those to you in searchable format
6 even though they are on disks.
7 But let's talk about that off the record. You
8 tell me what format you prefer, and I'll try to
9 accommodate.
10 MR. BUESING: I prefer native, searchable
11 format.
12 MR. PORTER: Well, but I'm not sure what
13 "native" means. "Native" means the way it's
14 normally kept, I guess.
15 MR. BUESING: True.
16 MR. PORTER: Hence, that's what we're trying
17 to get.
18 BY MR. BUESING:
19 Q AOF has a board with -- board members from
20 different parts of the state?
21 A Yes.
22 Q And so there's a lot of communication back and
23 forth between board members by email?
24 A I don't know if you'd consider it a lot. But
25 that's the common way that the board members communicate
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1 is by email.
2 Q Mr. Gollobith, could you briefly give me your
3 educational background and your work history?
4 A Sure. I'm a high school graduate. I spent my
5 whole life as a commercial illustrator.
6 Q And are you from the Tampa Bay area?
7 A That's right.
8 Q Which high school did you go to?
9 A Plant.
10 Q So do my kids.
11 Well, Mr. Gollobith, I want to spend some time
12 talking about why this all happened. The documents do a
13 pretty fine job explaining what happened, who did what,
14 but I want to -- I want to ask you why things were done.
15 I'm going to put some theories in front of you
16 and get your reaction to them, and it may well be that
17 it's a combination of all these theories, but I want to
18 start with the Matt-Cooper-made-me-do-it theory.
19 And what that -- what these documents reflect,
20 and you've seen them, is that you were very supportive
21 of Ms. Wachs in June of 2011, that Matt Cooper arrived,
22 that he started working on you, he talked to you after a
23 meeting, he worked on you and worked on you, and finally
24 persuaded you that Ms. Wachs was not to be supported.
25 Ultimately, in October you write an email
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1 which says Matt was right all along, she's trying to
2 take over the organization, then you and Matt worked
3 closely on this long list of how we're going to do all
4 this, and then this occurs on November 6th, -- and we'll
5 get into all that -- and then immediately after the
6 expulsion, there's a lot of conversation with third
7 parties, and Matt's explaining to third parties, "I've
8 been working on the board for a long time, and I finally
9 got them to see this?"
10 What is your reaction, sir, to the idea that
11 Matt Cooper made you do all this?
12 MR. PORTER: Object to the form. He's here to
13 answer questions, not share theories, and so I
14 object to the form. And it's compound and calls for
15 speculation.
16 BY MR. BUESING:
17 Q You can answer.
18 A Matt Cooper did not have the power to make me
19 do anything. And he did not convince me that he was
20 right. The actions of your client convinced me that he
21 was right.
22 Q All right. But, clearly, Cooper was concerned
23 about Ms. Wachs before you were; right?
24 A Yes.
25 Q And per an email, he pulled you aside after a
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1 board meeting and started talking to you about her?
2 A Yes.
3 Q Do you remember what he said in that
4 conversation?
5 A Not in that specific conversation, because the
6 first conversations he had with me were by telephone
7 when I wasn't even in town. He probably repeated the
8 basic foundation of his issues with what your client was
9 doing.
10 Q And what was that foundation, sir?
11 A It started with issues pertaining to his
12 efforts to run the election.
13 Q Well, sir, I'm back in June. That's long
14 before the election. I'm talking about the first couple
15 of times you talked to him.
16 A What I recall was this started when he was
17 running the election process and having difficulty
18 getting along with her, which was something that I
19 wasn't close to. I wasn't involved with it. I wasn't
20 even in town when I first heard from him about all this.
21 Q Well, later today we'll start going through
22 documents. But you are saying today you don't remember
23 discussions with Mr. Cooper many months before the
24 election process even started?
25 A No, I really don't.
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1 Q Where you defended her and you said you don't
2 choose the time when you're going to be arrested, that
3 Mr. Cooper complained that the arrest should have been
4 timed better, and you said, "How can you time when
5 you're going to be arrested by Sheriff Grady Judd?"
6 A I know what you're talking about now. She
7 made it clear to begin with, sure. He was disappointed
8 with the way the Polk County arrest had been conducted.
9 Q Okay. And did you point out to him that the
10 victim of a wrongful arrest doesn't get to choose when
11 they get arrested?
12 A No, I didn't. He felt the effort was botched,
13 that it should have been recorded better, it should have
14 been planned better, and executed better. And I didn't
15 argue with him about that. I think I agreed with him.
16 The thrust of his argument was it was an effort that had
17 been rushed into and not properly planned for the effect
18 that it was supposed to attain.
19 Q Did you understand Mr. Cooper had had
20 experience with political campaigns?
21 A I did.
22 Q Can you tell me about that?
23 A Very little. I recall him saying that he
24 worked on campaigns, but I never paid much attention to
25 the specific type of work he did.
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1 Q Would it be fair to say that you looked up to
2 Mr. Cooper as somebody who could give you advice about
3 these sorts of things?
4 A I considered his appraisals of people to be
5 very astute, and I did respect him.
6 Q And what about his strategies on how to
7 accomplish something?
8 MR. PORTER: Object to the form.
9 BY MR. BUESING:
10 Q Did you view that as astute as well?
11 MR. PORTER: Object to the form. Ambiguous.
12 BY MR. BUESING:
13 Q You can answer.
14 A My answer would be yes.
15 Q Would it be fair to say that from June through
16 November of 2011, Matt Cooper was working on board
17 members to try to turn them against Ms. Wachs?
18 A It's hard for me to know what involvement he
19 had with other board members about the issues or how
20 many of them he took into his concerns. I only know
21 what he talked to me about.
22 Q Well, sir, is it not a fact that there were a
23 series of meetings at people's houses or different
24 places of a subset of the board to talk about this?
25 A That's true, yes.
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1 Q Were some of those at your house?
2 A No.
3 Q Or some of them at Mr. Reinhardt's house?
4 A The one that I recall that I think was
5 significant was at Steve Brown's house, and it only
6 involved four of us.
7 Q I see in the documents at some point
8 Mr. Cooper kind of went through a process of figuring
9 out, you know, who's with us and who's against us, sort
10 of a sorting out of the board, who we could take into
11 the confidence and talk, and then who would be people
12 who would support Ms. Wachs and her group. Do you
13 remember being involved in that process of sorting that
14 out?
15 A I think he's the one that really established
16 that particular document that I think you're referring
17 to.
18 Q He shared that with you, did he not?
19 A Oh, yes.
20 Q Did you agree with his analysis of the people
21 that were -- I don't know how you'd describe these two
22 groups, but did you agree with his analysis as to who
23 were the allies on the board and who were not going to
24 be the allies?
25 A Not with absolute certainty, which means that
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1 I didn't know exactly how every board member felt or, if
2 it came to taking sides, which side they would take.
3 Q What about Tracy Thomas?
4 MR. PORTER: Object to the form.
5 BY MR. BUESING:
6 Q Would she have been viewed as a solid ally or
7 somebody you weren't sure?
8 MR. PORTER: Objection to form. Speculation.
9 BY MR. BUESING:
10 Q You can answer.
11 A I would say that at that time we didn't know
12 her well enough to know how she felt about the issues.
13 Q How about Nan Owens?
14 MR. PORTER: Object to the form.
15 THE WITNESS: Even more so in her case.
16 BY MR. BUESING:
17 Q How about Steve Brown?
18 MR. PORTER: Object to the form.
19 THE WITNESS: Steve Brown probably felt the
20 way that we did, because he was the one, I think,
21 who participated in discussions about establishing
22 an oversight committee. So he was particularly
23 disturbed with how much money was being spent and
24 how it was being spent.
25 BY MR. BUESING:
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1 Q How about Gloria Julius? You're laughing.
2 A She's our class clown. I just don't really
3 know. But I would say that probably she felt about the
4 same way that Brown did about the expenditures.
5 Q How about Steve Miles?
6 A We didn't know much about him. He lived, and
7 still does, in Gainesville so we did not really have a
8 lot of close contact with Miles.
9 Q But you did view him as an ally?
10 MR. PORTER: Object to the form.
11 THE WITNESS: At what time?
12 MR. BUESING: Well, I'll say at any time
13 between June 2011 and April -- excuse me --
14 November 2011.
15 MR. PORTER: Same objection.
16 THE WITNESS: I think "ally" is an
17 inappropriate word to use that early on in the
18 events.
19 BY MR. BUESING:
20 Q Later on you viewed him as an ally?
21 MR. PORTER: Object to the form.
22 THE WITNESS: He ultimately voted to remove
23 the president and vice president from their office.
24 So I guess if you're trying to establish two
25 delineated camps here, then he was in the one that
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1 felt they weren't doing an appropriate job for the
2 organization.
3 BY MR. BUESING:
4 Q And James Peterson?
5 MR. PORTER: Object to the form.
6 THE WITNESS: I didn't really know his mind
7 set that well either. Although, I would say that by
8 the time that he lost control of the website, he was
9 pretty disturbed with your client and Kieffer.
10 BY MR. BUESING:
11 Q Now, wasn't Peterson -- didn't Peterson and
12 Mr. Cooper and you go visit with Ryan Carey, the three
13 of you?
14 A That's right.
15 Q So by that point was he clearly -- I mean, I
16 guess, you're calling an him ally?
17 MR. PORTER: Object to the form.
18 BY MR. BUESING:
19 Q You can answer.
20 A Yes. Yes.
21 Q Wallace Reinhardt?
22 MR. PORTER: Object to the form.
23 THE WITNESS: He was really out of the country
24 most of the time that these events were happening,
25 so we had very little communication with him.
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1 BY MR. BUESING:
2 Q Did he get email in the country where he was?
3 MR. PORTER: Object to the form. Calls for
4 speculation.
5 THE WITNESS: I don't remember if I ever sent
6 him emails over there, but I think he could have
7 received then.
8 BY MR. BUESING:
9 Q I mean, whether he was out of the country or
10 in Gainesville or Sarasota, as far as you know he could
11 communicate through email; right?
12 MR. PORTER: Object to the form. Lack of
13 foundation.
14 THE WITNESS: I think he could, yes.
15 BY MR. BUESING:
16 Q Now, you mentioned money -- and I want to talk
17 about that for a few minutes -- as an answer to the
18 question, "Why did this happen?"
19 Let's talk first about AOF. What's your
20 understanding of their fundamental position in, say,
21 June, the summer of 2011?
22 A We had a treasury disproportionate to our
23 organization with respect to its size.
24 Q What do you mean by that?
25 A We had more money than we had any business
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1 having.
2 Q And how did that occur?
3 A We were able to attract some estate money from
4 people who died who had been members.
5 Q How much money was in the organization at that
6 time?
7 A In June I think approximately $100,000, maybe
8 as much as 130.
9 Q And why do you say this is more money that you
10 had any business having? What does that mean?
11 A We started the year with over $200,000. This
12 is a 150-member organization. We take in, what, $5,000
13 a year. That's what we had operated on for the whole
14 20-year history of the organization. And all of a
15 sudden, because these two people died within a year of
16 each other, we had a tremendous amount of money that we
17 had never dealt with before in the past --
18 Q And when --
19 A -- or even imagined having in the company.
20 Q When did they pass away?
21 A Oh, gosh, maybe about 2006, 2007, I believe it
22 was, that they died. And their estates were settled,
23 and we came into the money.
24 Q Who was treasurer at that time at AOF?
25 A I'd have to look that up for you. I can't
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1 remember.
2 Q Was an endowment established?
3 A Yes, but never funded.
4 Q Okay. So the roughly $200,000 was
5 unrestricted funds that just went into the funds of the
6 organization?
7 A That's right.
8 Q Did you ever serve as a treasurer of AOF?
9 A Yes.
10 Q Do you know if you were treasurer during that
11 time period, when that money came in?
12 A I don't know without looking it up. I'd
13 always held at least one position as an officer ever
14 since the organization was founded, and I was kind of
15 the go-to person for any position that nobody else would
16 take. So I bounced around through all of them through
17 the years.
18 Q You were present when I deposed Steve Brown,
19 and he related that over the years sometimes it was very
20 difficult to even get people to serve on the board. Do
21 you remember that testimony? Is that also your
22 experience?
23 A Yes. "Yes" meaning I don't necessarily
24 remember his testimony, but I'll certainly agree that
25 that's true.
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1 Q Sir, how did this sudden arrival of $200,000,
2 if any, change the organization? I think you said it
3 was more money than they should have had. Explain what
4 you mean by that.
5 A Fundamentally, it didn't change the
6 organization with respect to our activities or
7 membership, but it did allow us to procure a commercial
8 space to operate out of, and we could engage in projects
9 that would have been very difficult to engage in before
10 we had the funds, buying equipment to produce webcasts.
11 And, you know, any other thing that we wanted to do, we
12 now could do without having to worry about budgeting for
13 it.
14 Q So compared to the way you had operated prior
15 to that time, you were flush. I assume you were
16 scraping by before?
17 A Exactly.
18 Q You mentioned webcasts. You mentioned
19 commercial space. Can you think of any other
20 initiatives that were funded through this money?
21 A Lawsuits.
22 Q Okay. Anything else?
23 A Not offhand, but that doesn't mean there
24 wasn't anything.
25 What I can tell you is the founder always
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1 envisioned the organization being able to engage in
2 state-church-separation-oriented lawsuits, and now we
3 had the funding to do it. So that was the main thing
4 that I think he saw as a benefit of having the funding.
5 We, for example, had a scholarship fund for
6 years that was self-funding long before we had any of
7 this money, and that had been a pretty significant
8 strain on our budget.
9 So, now, if we wanted to reinstate something
10 like that, we could easily do it with that kind of
11 bankroll.
12 Q How much of that money is there right now?
13 A It's gone.
14 Q Where did it go?
15 A Legal expenses for being sued. Remember?
16 Q I thought somewhere in here you promised that
17 you would bear that cost. Did that change? Now you've
18 used up AOF's money?
19 A I had no idea the suit would go on this long.
20 Q You agree you did tell everybody that you
21 would pay for it but you agree you're not actually
22 paying for it; correct?
23 A That's correct.
24 Q Who's the founder?
25 A Christos Tzanetakos.
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1 Q Can you help spell that for the court
2 reporter? You did.
3 And can you tell us what is a church-state
4 separation lawsuit? What does that phrase mean to you?
5 A To me or the founder?
6 Q Why don't we start with you. What do you
7 think that means?
8 A It means that when any -- any government
9 agency attempts to impose a religious agenda in the
10 conduct of its business, that's a state-church
11 violation.
12 Q Where does the lawsuit fit into that?
13 MR. PORTER: Object to the form.
14 THE WITNESS: The lawsuit or any lawsuit that
15 we would address?
16 MR. BUESING: Any lawsuit you would address,
17 any church-state separation lawsuit.
18 THE WITNESS: It's often the only way to get a
19 government agency to respond to any complaint that
20 we might have about what we perceive as a
21 state-church violation.
22 BY MR. BUESING:
23 Q And I take it there are, you know, national
24 organizations that pursue these sorts of lawsuits. Are
25 you familiar with any of those?
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1 A Yes.
2 Q See if I get it. The Freedom From Religion
3 Foundation?
4 A Yes.
5 Q And the Americans United For Separation of
6 Church and State?
7 A Yes.
8 Q Do you have any other organizations like that?
9 A American Civil Liberties Union, possibly the
10 Atheist Alliance, the CFI.
11 Q So before this money arrived, this Atheists of
12 Florida organization did not have the means to pursue
13 these type of church-state separation lawsuits?
14 A That's right.
15 I could help you a little with that by
16 suggesting that the founder always hoped he could find
17 attorneys to help us with these causes on a pro bono
18 basis, but it was virtually impossible to find anybody
19 that would do it.
20 Q Well, I understand Mr. Porter, you know, would
21 be glad to donate all of his time for the next couple
22 years on a case like that.
23 A He should have told me that two years ago.
24 THE WITNESS: Where the hell were you when I
25 needed you?
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1 BY MR. BUESING:
2 Q Okay. So you certainly viewed that type of
3 lawsuit as consistent with the purpose of the
4 organization; right?
5 A Right.
6 Q Well, during the time frame that's the subject
7 of this lawsuit, which was principally June 2011 to
8 November 2011, how much of this $200,000 was still there
9 in the organization?
10 A It was reduced to about half.
11 Q Roughly 100,000 still there?
12 A Right.
13 Q But if Ms. Wachs and the membership had voted
14 for new board members to come in, they would have then
15 control of this $100,000?
16 MR. PORTER: Object to the form. Calls for
17 speculation.
18 MR. BUESING: I'll rephrase it. Let me make
19 sure I'm accurate here.
20 BY MR. BUESING:
21 Q If the election process that was basically
22 begun in September of 2011 through October 24th, 2011,
23 if that process had gone forward, and if a group of new
24 board members had arrived, those new board members would
25 then have the discretion to deal with this $100,000; is
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1 that correct?
2 MR. PORTER: Objection. Calls for
3 speculation.
4 THE WITNESS: No, the president would still be
5 the one that would have the primary control over the
6 expenditure of the funds.
7 BY MR. BUESING:
8 Q Let's talk about these funds. I think I used
9 the term "unrestricted funds." It's your understanding
10 they were -- as part of people's wills, they did not
11 come in with any specific restriction; correct?
12 A Right.
13 Q And you're saying that these funds were not
14 subject to board discretion in terms of its annual
15 budget or board decisions on how the funds would be
16 used?
17 A No, I'm not saying that. Routinely, the board
18 would establish a budget at an annual board meeting.
19 Q Okay. And then the officer -- let's say, the
20 president could then operate within that budget?
21 A The president was not restricted to operate
22 within that budget.
23 Q And why do you think that?
24 A It goes back to the late '90s or early part of
25 the century, when we didn't have the kind of instant
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1 communications we have now with respect to email, and
2 the board members were really more widely geographically
3 distributed than they are now.
4 So, the president at the time was a fellow
5 named Jim Young. He felt like his ability to manage the
6 operation of the organization was hampered by any
7 requirements that he get board approval for
8 expenditures. So he asked the board to amend the bylaws
9 to give the president more power to make the decisions
10 about how to conduct the business and expenditures of
11 the organization.
12 Now, bear in mind, back then, annual income
13 was maybe $5,000, and we may have had that much to our
14 name as an organization. So there really was very
15 little money at risk at the time. And the board
16 recognized that he or any president would need that
17 flexibility in managing the affairs of the organization.
18 That policy didn't change when we ended up
19 with all the money that we had so the president still
20 had the power to virtually spend the entire treasury in
21 a day.
22 Q I'm going to get to bylaws later, but just so
23 we're clear on the record, the bylaw change you just
24 testified about was something that you believe was
25 adopted by the board but it was not approved by the
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1 members?
2 A That's right.
3 Q But at least you were operating as if this
4 were in effect and the president had this discretion?
5 A Right.
6 Q And when the money arrived in '06 -- or '07,
7 you're saying there was not a change made to the process
8 at that point?
9 A That's right.
10 Q And when did this situation come to your
11 attention? I mean, did you know about this right from
12 the time Mr. Young was the president and asked for this
13 change?
14 A I have attended every board meeting in the
15 history of the organization.
16 Q Did you ever make any effort to change this
17 policy once there was $200,000 in the bank account?
18 A No.
19 Q Okay. You mentioned that the money allowed
20 you to -- excuse me.
21 You mentioned that the money allowed AOF to,
22 among other things, to secure some special space. Do
23 you remember that?
24 A Yes.
25 Q Where is that commercial space?
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1 A It's on South Manhattan in Tampa.
2 Q 3616 South Manhattan?
3 A That's right.
4 Q What's the current status of that space?
5 A It's being used for a junk store.
6 Q You're saying AOF is the landlord for a tenant
7 that's using it as a junk store?
8 A The property was sold in August of 2012, so I
9 no longer have any involvement with it, and AOF doesn't
10 use it anymore.
11 Q Let's talk about that space for a minute.
12 This was space that was owned by you personally?
13 A No. It was actually in my mother's trust, but
14 I was a co-trustee.
15 Q And how long have that been in, let's say, in
16 your family?
17 MR. PORTER: Object to the form. Irrelevant.
18 If you don't want to answer that, let's talk about
19 it.
20 THE WITNESS: The building had been used as an
21 office by my dad. And since it's a commercial
22 duplex, he used about a third of the space for his
23 office and the other two-thirds was used for, most
24 of the time that he owned it, as a dentist office.
25 BY MR. BUESING:
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1 Q That would be Max McConnell, DDS?
2 A That's right.
3 Q And how long was it used for that purpose?
4 A I don't remember exactly when Max retired, but
5 then a couple other dentists used the space and then it
6 got used for different businesses that typically would
7 rent it for an average two years. And then my dad
8 stopped working, I think, about 2005. He no longer
9 needed the office and vacated the space.
10 Q Let me just make sure I'm understanding the
11 situation. The 3616 South Manhattan, during this time
12 period you're talking about, up to 2005, was owned by
13 the trust and you were a co-trustee?
14 A Incorrect.
15 Q Okay. Help me out.
16 A All right. My dad owned the building until he
17 died in August of 2009. Okay?
18 As settlement of his estate, it ended up in my
19 mother's trust. The building was appraised in November
20 of 2009 as a part of that process of the dissolution of
21 his estate.
22 Q So your role as co-trustee starts in November
23 of 2009, thereabouts?
24 A Right.
25 Q So any rent that was received on this property
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1 prior to that time would just be part of your dad's
2 financial affairs?
3 A Right.
4 Q So if it was used by Cardillo Enterprises,
5 that would be during the time that your dad owned it?
6 A That's right.
7 Q Coast to Coast Water?
8 A Coast to Coast, I think, was the tenant when
9 dad died.
10 Q Okay. So that one overlapped until the time
11 that you were --
12 A I think so.
13 Q Is Coast to Coast a plumbing company? Or
14 what's their business?
15 A If I remember that particular company, what
16 they did was they upgraded plumbing devices, typically,
17 in residential buildings, because Pinellas County
18 offered a rebate for that service, and so homeowners
19 could get their plumbing upgraded using the county
20 rebate. And when that program stopped, I think that's
21 when they -- I think that's when they shut down and
22 moved out.
23 Q Do you know about when that occurred?
24 A It's hard for me to remember, because there
25 were so many different businesses in and out for really
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1 one- to two-year periods, and I never really committed
2 to memory who was there at any specific time.
3 Q How about Worldwide Entertainment Ventures?
4 A That would have been in about 2007.
5 Q Now, if I'm understanding the documents right,
6 it goes into your mother's trust in 2009, but in 2010 it
7 goes to Golly Properties, LLC, in 2010. Does that sound
8 right?
9 A The limited liability corporation was formed
10 upon my dad's death, and at that time the property then
11 went into my mother's trust as an LLC.
12 Q So what happened in 2010 that's different than
13 '09? Is there some additional ownership transfer that
14 took place?
15 A No. It remained in my mom's trust until she
16 died.
17 Q And when did that occur?
18 A About a year and a half ago.
19 Q '12?
20 A Yes, summer of '12.
21 Q Okay. Is Worldwide Entertainment Ventures
22 some type of business operation that you're involved in?
23 A Yes.
24 Q What is that business?
25 A A friend of mine wanted to try to -- well, not
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1 wanted to -- he did start a business selling DVDs over
2 the Internet and failed miserably.
3 The building was vacant at the time, and I
4 offered to let him use it because I didn't want the
5 property to just sit empty. The proposition was, if the
6 business succeeded, he would pay rent. But he never
7 made any money and closed the business.
8 Q Was that Mr. Reinhardt?
9 A No, it was Mr. Harvey. Reinhardt and Harvey
10 hatched the business plan and approached me to help them
11 with it, which I did because the building had become
12 vacant. And as you know, a vacant property -- a vacant
13 commercial property is not covered by insurance after
14 30 days so I wanted to get somebody in the building.
15 So, the proposition was if he could make the
16 business profitable, he could rent the space and remain;
17 and if he didn't, he'd shut the business down and the
18 building would become vacant again. And that's what
19 happened.
20 Q Did you ultimately have to have litigation
21 over all that?
22 A Not about the occupation of the building, no.
23 Q About the business venture failing?
24 A Yes.
25 Q I mean, I'm trying to understand this. You
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1 say your contribution to that business was the free rent
2 piece and Harvey's contribution was something else and
3 Reinhardt's contribution was something else. How did
4 that work?
5 A Harvey essentially ran the business, all of it
6 completely, with the exception of some input from
7 Reinhardt. None from me.
8 Q But you weren't receiving rent so you were
9 getting some sort of equity interest from the business?
10 I'm just trying to understand how that works.
11 MR. PORTER: Object to the form. Asked and
12 answered and completely irrelevant to the issues in
13 this lawsuit.
14 BY MR. BUESING:
15 Q You can answer.
16 A I helped them financially to stock the
17 business. He assured me that the funds that I put up
18 for that were at no risk, but when the business failed,
19 he spent the funds to live on, and I sued him to recover
20 the funds.
21 Q How much did you sue for?
22 A 10,000.
23 Q And did you close the bank account for that
24 business?
25 A I did.
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1 Q Why did you do that?
2 A So he couldn't embezzle any more of the money.
3 Jeez.
4 Q But you had the authority somehow to persuade
5 the bank that you could close that bank account?
6 A I did.
7 Q You were on the signature card or how did that
8 happen?
9 A That, and I was one of the shareholders of the
10 business.
11 Q And is that litigation still going or is that
12 all done?
13 A It's all done.
14 Q Did that get settled or resolved or --
15 A Yes, settled.
16 Q Did they pay you off?
17 A He's in the process of paying me off.
18 Q He's making payments to you?
19 A Yes.
20 Q Okay. And so can you give me the time frame
21 on Worldwide Entertainment Ventures, when it went into
22 this building at 3616 South Manhattan and then when it
23 failed and it was out of the building?
24 A Not with absolute certainty, but I think it
25 was roughly from August of 2007 until -- or through
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1 December of that year.
2 Q Oh, just four-five months?
3 A Yes. Yeah. Never really got off the ground.
4 Q When is the first time AOF ever had any
5 involvement or use of that space?
6 A I think it was sometime in 2008.
7 Q And did AOF have a lease?
8 A No. Here's what happened: The organization
9 had always met in public libraries. Okay? And the
10 problem we had was twofold: One was we couldn't solicit
11 any memberships or sell any merchandise in the library
12 due to their policies; and also the libraries were
13 starting to get popular, so whereas we had been able to
14 book meeting rooms for an entire year and the like, the
15 first half of the 2000, due the popularity of the use of
16 the libraries, they were adjusting their policies so
17 that we could only rent the room -- or I'm sorry --
18 reserve the room a month in advance. And we were
19 finding that when we tried to reserve the room, it might
20 already be booked by somebody else.
21 So we could see that we were pretty soon going
22 to start to have a problem, that we couldn't reliably
23 schedule our meetings in these libraries.
24 By that time, I think we had the bequests in
25 hand and realized we had sufficient funds to rent
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1 commercial space, which was the dream of the founder, to
2 actually own a commercial space -- actually, a duplex, a
3 commercial duplex, like that particular building was.
4 Since there was space available in it, I
5 approached my dad and asked him if he would rent it to
6 us for 400 a month, and he agreed. So we took
7 occupancy.
8 Now, I've recused myself from the voting
9 process at the board meetings. I offered it to the
10 board.
11 Comparable commercial space at that time was
12 probably worth 650 a month. So I tried to get a, you
13 know, a little bit of a discount on the rent from my
14 dad, and he agreed. So we moved in.
15 Q And was this pursuant to a written lease?
16 A No. It was a month-to-month rental. The
17 organization could leave anytime it wanted.
18 Q So month to month. Was it confirmed by a
19 letter or any kind of document of any kind?
20 A No.
21 Q I assume there's checks; right?
22 A Correct.
23 Q So it's 400 a month. What about utilities?
24 A The building is so small. It only had one
25 meter for both power and utilities, water.
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1 So we just discounted the tenant's rent by $25
2 a month to cover the electricity and the utilities that
3 we used.
4 You understand there was a tenant in the
5 larger side of the building at the time leasing it;
6 right?
7 Q Who was that?
8 A It could have been Cardillo at the time or any
9 one of those tenants.
10 The point is, there was no mortgage on the
11 building. The taxes were probably, what, 3,500 a year.
12 So the tenant in the larger side could easily cover the
13 operating expenses for the building and still generate a
14 profit.
15 Q And was AOF responsible to pay any portion of
16 the property taxes?
17 A No.
18 Q And this space was to be used for board
19 meetings?
20 A Yes.
21 Q Any public meetings or --
22 A Yes.
23 Q Was this space to be used by the officers for
24 their work associated with the organization?
25 A Yes, and to store all of our books,
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1 merchandise, records. Everything the organization owned
2 could end up in that building, and did, with the
3 exception of some very old records that I kept at my
4 house, in my attic, simply because they were already
5 there. There was no need to ever refer to them until
6 all this came up, so I just left them in my attic.
7 Q Okay. Those are still in your attic now?
8 A No. They are in my studio floor waiting to be
9 scanned to deliver to you. I'm getting tried of
10 tripping over them so we're going to get that done.
11 Q That sounds like a good plan.
12 Was there ever a written lease with AOF or
13 there never was?
14 A No.
15 Q Now, you described to me 2008 when this
16 occurred and AOF took possession of, I guess, half the
17 duplex?
18 A About a third.
19 Q A third of the duplex?
20 A Yes.
21 Q Okay. Did there come a point in time when a
22 discussion began on having AOF actually purchase the
23 property?
24 A Yes.
25 Q When did that first come up?
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1 A I think it was in the June 2011 board meeting.
2 Q Why did you raise that idea?
3 A One of the board members earlier in the
4 year -- I think at the first board meeting of 2011 --
5 submitted a motion to the board that the organization
6 purchase its own building. I voted against it. It made
7 no sense. We couldn't afford a building. We didn't
8 have the manpower to take care of it, and we had a
9 building free that we could sit in; right?
10 Let me backtrack. You probably aren't aware
11 that after my dad died and the building went into my
12 mom's trust, I approached my sister one day, and I said
13 to her, "You know what? I would like to just donate the
14 space to the atheist organization."
15 They are not a profit-generating business.
16 The tenant in the other side generates enough income to
17 satisfy all the expenses on the building and still
18 profit to take care of my mother. I wasn't obligated to
19 talk to my sister about it because I was the trustee,
20 but just out of ethical consideration, I told her what I
21 wanted to do, and she consented without hesitation.
22 So at the board meeting in January of 2010,
23 one of the board members submitted a motion that the
24 organization accept free occupancy of the building, I
25 recused myself from the vote, and the vote was probably
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1 unanimous.
2 So now the organization could save some $5,000
3 a year in rent. It just didn't do anything for me. I
4 couldn't get a tax write-off on it because it's an
5 in-kind donation. I simply did it to help the
6 organization and allow it to reserve its funds. I
7 really didn't need to draw out of the organization.
8 So, now, leading up to where your question
9 comes in, a board member makes a motion that we buy a
10 property. To me this made no sense. We had a free
11 building to sit in and couldn't afford to buy one, but
12 it's a democratic organization. So since the board
13 voted to do it, a committee was formed to investigate
14 properties that we might purchase.
15 Now, you know who that board member was, don't
16 you, counselor?
17 Q No, I don't.
18 A That would have been your client.
19 Q Okay.
20 A And so at the subsequent board meetings, the
21 issue kept coming up: We're going to buy a building.
22 As a matter of fact, I think the motion
23 established that we would own a building by October
24 of 2012.
25 No proposition was made to the board about how
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1 we might do something like this, how we could borrow the
2 money on an organization that -- or for an organization
3 that takes in about $5,000 a year. How would that
4 mortgage be secured? How would we afford to pay it off?
5 At that time mortgages were difficult to get
6 because the housing market had crashed. The whole
7 building market, the whole economy had crashed, and
8 banks were getting very tight with money. So it seemed
9 to me that the only way we'd be able to get money for a
10 building like that is if one of the board members
11 offered to guarantee the note with liquid assets,
12 equities, or bonds, insurance policies, and I didn't see
13 any board members standing up offering to do that for
14 us.
15 So I was kind of sitting back, waiting to see
16 who was going to make a realistic proposition of how we
17 might be able to actually buy a building, and nothing
18 ever happened. Nothing was ever put on the table for
19 the board except a few properties that ranged in price
20 from $300,000 to 1.2 million.
21 Q So none of that sounded realistic to you?
22 A Not at all. And not only that, we didn't have
23 anybody to take care of it. I'd go down to that
24 building and the wastebasket would be overflowing with
25 cups and trash. Nobody even took the effort to take it
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1 around to the back of the building there for the
2 garbage.
3 I know what it takes to manage property:
4 somebody's got to vacuum the floor, clean the windows,
5 change the air-conditioning filters, pull the weeds, fix
6 the roof when it leaks, call the plumber, clean the
7 toilet. It's a lot of work. Nobody was doing any of
8 it. I was, because I essentially owned that building
9 and was taking care of it because we had a tenant in
10 there.
11 So I spent a lot of time taking care of the
12 building and paying the taxes on it, making sure the
13 insurance was paid, and so on.
14 But nobody was going to do that for the
15 organization, especially if we purchased a building in
16 Lakeland. I wasn't going to drive over there two or
17 three times a week and do it. I wasn't seeing anybody
18 doing the most fundamental things in this building.
19 Okay?
20 So the whole proposition seemed pretty
21 unrealistic to me. But that particular building that we
22 were occupying fit the exact description of what the
23 founder had always envisioned for the organization: a
24 commercial duplex whereby one side could be used for the
25 organization to operate out of and the other side could
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1 generate an income so that the organization could pay
2 the mortgage on the building without having to dip into
3 either its reserves or its income from memberships,
4 renewals or sales or donations.
5 So I offered the building to the organization
6 and suggested that the reason it might be a good
7 purchase for the organization was because they were
8 already in the building, the building could use the
9 larger space to generate the income to pay for it, and
10 I, being the trustee of the trust that owned the
11 building, could construct the most attractive possible
12 offer to the organization. I can charge the lowest
13 interest rate that would be allowable. I could offer
14 the minimum down payment that would be allowable. I
15 wouldn't ask any board members to put up collateral to
16 secure the mortgage and wouldn't hold anybody liable if
17 the organization defaulted on the note.
18 Q Was there a mortgage in place at that time on
19 that property or was it free and clear?
20 A You asked me that and I answered it a long
21 time ago. The mortgage was paid off in the '70s. The
22 answer is simply, no, there was no mortgage on the
23 property.
24 Q But it wasn't like you had put another
25 mortgage on it for any reason?
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1 A That's right.
2 Q Okay.
3 A So Matt Cooper considered the appraisal that
4 had been done in 2009. He evaluated it based on, I
5 guess, records that he could find from the city, the
6 decrease in property value for commercial office space
7 in that part of town from that time to the time the
8 board might consider purchasing the building so he could
9 establish a fair market value for the property.
10 I was willing to deduct the purchase price by
11 another 10 percent -- or I should say lower it by 10
12 percent, because we wouldn't need a bank or a realtor
13 involved in the transaction; we could simply get an
14 attorney to write up a mortgage, and we would allow the
15 board to decide what mortgage that it found most
16 attractive of three that he presented to them.
17 I recused myself from the vote. The motion to
18 purchase the building was made by, I believe,
19 Mr. Reinhardt, and the board agreed to seriously
20 investigate the purchase.
21 So, the committee began making extensive
22 inquiries about all aspects of the building -- the
23 condition of the roof, the plumbing, the physical
24 condition of the building, the property taxes,
25 everything that they could think of -- and I responded
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1 with everything: How much did it cost to insure it and
2 own the building on an annual basis.
3 I haven't kept all those records. I could
4 provide the information very easily for them, and I did.
5 Now it was up to the board to decide whether or not to
6 go through with the purchase.
7 Q Fair to say Mr. Kieffer and Ms. Wachs opposed
8 it; correct?
9 A I believe that they did.
10 Q You were there, weren't you?
11 A But the -- I think that the votes -- the
12 individual votes by the board members were not recorded
13 at that time, so if there was a vote of, for example,
14 seven in favor, two opposed, they were probably the two
15 that were opposed.
16 Q And we're talking here about the
17 September 4th, 2011, board meeting?
18 A I thought that that vote was conducted maybe
19 at the June meeting, but I could look it up for you
20 during the break if you want. I have the minutes with
21 me today.
22 Q And so let me just make sure I'm
23 understanding. You are saying the intent was for AOF to
24 purchase the entire building and then become a landlord
25 on the larger space, and then presumably make enough
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1 money or break even or whatever so they could then stay
2 in the smaller space?
3 A That's right.
4 Q And did that deal ever come to fruition?
5 A Never.
6 Q Why not?
7 A Because we ended up in lawsuits, a litigation
8 with your client, and I believe that the board lost
9 interest in purchasing the property once your client was
10 no longer involved in the board to push the idea. So...
11 Q Because Ms. Wachs was expelled from the board,
12 the board lost its chief proponent of this idea. Is
13 that your testimony?
14 A I can't speak for the whole board, but I can
15 tell you that the issue was no longer being addressed at
16 any board meetings.
17 Q Did you know if any of that related to the
18 fact that Ms. Wachs vocally expressed complaints about
19 the manner in which the decision was made and the
20 appropriateness of the decision?
21 MR. PORTER: Object to the form.
22 THE WITNESS: I can't speculate on that.
23 BY MR. BUESING:
24 Q Was there a discussion that the way this would
25 be structured is through a contract for deed?
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1 A That proposition was advanced by one of the
2 board members who claimed to have experience with real
3 estate. It was submitted to me in an email. I didn't
4 understand it and didn't really care to discuss it.
5 My appraisal of the potential purchase was
6 that the mortgage would be held by my mother's trust and
7 owned by the organization. I can't tell you what the
8 definition of "contract for deed" even is.
9 Q Was there any discussion about seeking a
10 property tax exemption for being a 501(c)3-type
11 organization?
12 A The building committee did discuss those
13 issues. But I was not part of the building committee so
14 I had no interest in opining about that.
15 Q Did you discuss it with Gloria Julius?
16 A Yes.
17 No, wait a minute. I didn't discuss it with
18 her. She submitted these ideas, and I told her that I
19 didn't know anything about it. I wasn't in a position
20 to discuss it with her or make that kind of a decision
21 on behalf of the organization.
22 My sense was that if the organization ended up
23 buying the building, it should be registered in
24 accordance with the laws of the county that pertained to
25 the ownership of the property by a charitable
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1 organization.
2 Q That would reduce the taxes on the building,
3 correct, the property taxes?
4 A It's my understanding that it would reduce
5 taxes on the portion used by the charitable
6 organization. And if the other portion was being rented
7 by a commercial enterprise, then appropriate taxation
8 would be levied based on the square footage. But I
9 really don't know. I didn't investigate it. Okay?
10 That would come about when money started
11 changing hands or when we finally agreed to purchase it
12 for a set price and established to find mortgage and so
13 on. We hadn't reached that point yet so I thought those
14 discussions were premature.
15 Q Just so I'm clear, a mortgage never got
16 drafted; correct?
17 A That's correct.
18 Q A contract for deed never got drafted?
19 A That's correct.
20 Q A petition to lower the property taxes never
21 got drafted?
22 A Correct.
23 So it's all a little different than the spin
24 that your client has put on, isn't it, counselor?
25 Q Just trying to get the facts.
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1 So you sold it August 12th. Did you put it on
2 the market?
3 A No. I was contacted by, of all people, an
4 attorney in South Tampa who saw the building, presumed
5 it was available, and contacted a realtor who contacted
6 me and made an offer on it.
7 Q And I know it's a matter of public record, but
8 what was the sale price?
9 A I think it was 185,000.
10 Q And you didn't take financing. That was
11 just --
12 A Cash deal.
13 Q Could it be 170,000?
14 A It could have been.
15 You know what? The building needed a new
16 roof, and so it may have been that we set the price at
17 185 and then I lowered it to accommodate the fact that
18 it needed a new roof, which would have cost about
19 16,000.
20 Q Do you agree that the amount offered -- the
21 price that was discussed with AOF was 221,000?
22 A I think that's what the minutes reflect.
23 Q So after that closing, you had no further
24 involvement with that building of any kind, nor in
25 occupying space or have any interest?
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1 A That's right.
2 MR. BUESING: Why don't we take a bathroom
3 break?
4 (Recess taken from 10:41 a.m. to 10:57 a.m.)
5 BY MR. BUESING:
6 Q Would it be fair to say that if Ms. Wachs and
7 Mr. Kieffer had not objected, that that sale would have
8 gone through to AOF?
9 MR. PORTER: Objection. It calls for
10 speculation.
11 THE WITNESS: If she hadn't object would it go
12 through?
13 MR. BUESING: Uh-huh.
14 THE WITNESS: Well, I think not, because when
15 they were removed from the organization, it didn't
16 go through.
17 BY MR. BUESING:
18 Q But based on the email traffic, isn't it
19 because people said they would look bad, we can't go
20 through with it now because they are raising it as an
21 issue or something else inappropriate, and so they
22 pulled back because they were afraid it would look bad?
23 MR. PORTER: Objection. Speculation.
24 THE WITNESS: That didn't happen in board
25 meetings, and my intention was to completely recuse
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1 myself from that transaction, and leave it entirely
2 up to the board.
3 BY MR. BUESING:
4 Q And you've never heard the concept that it
5 would have looked bad and, therefore, we can't go
6 forward with it?
7 MR. PORTER: Objection. Argumentative.
8 THE WITNESS: I don't remember seeing that,
9 no.
10 BY MR. BUESING:
11 Q Or hearing it from anybody?
12 A No.
13 Q Do you hold Ms. Wachs to blame for a loss of
14 $51,000 between what you would have gotten from AOF to
15 what you actually got from the purchaser in August 2012?
16 A No.
17 Q $51,000 less; right?
18 A Yes.
19 Q And you don't feel any grudge or unhappiness
20 at that?
21 A No.
22 Q I want to go back for a second to the question
23 I opened with today, which is why this all happened.
24 And I want to talk about whether you were -- whether you
25 were jealous of Ms. Wachs and her activism.
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1 In one year she got more publicity, more
2 donations, more involvement of outside people in this
3 organization than it had in 20 years?
4 MR. PORTER: Object to the form.
5 THE WITNESS: Oh, I wasn't jealous. Those are
6 the kind of members we are looking for, is people
7 who are activists and will start chapters. That's
8 why I'd worked so hard to keep the organization
9 together for so many years, to attract the kind of
10 members that would become active in the
11 organization.
12 I'm not a publicity hound, counselor. I don't
13 have atheist license plates. I'm not obsessed about
14 being on television. Okay? Jealousy doesn't play
15 into this at all.
16 BY MR. BUESING:
17 Q Do you think Ms. Wachs is obsessed?
18 A With what?
19 Q That's the word you used. I think you said
20 obsessed with being on television or obsessed with
21 putting on bumper stickers.
22 A It seemed to be the way you're characterizing
23 me. I think she certainly seeks publicity.
24 Q And is that -- I think you just said a moment
25 ago it's the type of member you're looking for. Is that
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1 something that is intended to aid the mission of
2 Atheists of Florida?
3 MR. PORTER: Object to the form. Ambiguous.
4 THE WITNESS: Yes.
5 BY MR. BUESING:
6 Q So, for example, putting up a billboard that
7 says, "One nation indivisible, Atheists of Florida," is
8 that the kind of thing that promotes the organization?
9 A Yes.
10 Q And if you can get three publicity attached to
11 the post -- the creation of this billboard and if free
12 articles in newspapers and free coverage on television,
13 is that a good thing for the cause?
14 A Sure.
15 Q And if a member is able to inspire people to
16 join the organization, is that good for the cause?
17 A Yes.
18 Q I'll ask -- well, there's about 19.5 million
19 people in the state of Florida. How many members did
20 you have in this organization prior to Ms. Wachs?
21 MR. PORTER: Object to the form.
22 THE WITNESS: I didn't keep the membership
23 records. I can tell you that typically the
24 organization had about 150 members.
25 It may have started out with maybe as few as
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1 70 and then escalated over the years to 150. It was
2 pretty stable.
3 BY MR. BUESING:
4 Q And after the publicity that was generated by
5 Ms. Wachs, wasn't there a surge of new members?
6 A Apparently not, because when the election was
7 undertaken, the treasurer who kept the membership
8 records delivered 136 mailing labels representing the
9 memberships to the organization. It was delivered to
10 the elections committee.
11 Q Is this the 2011 election process or the 2012
12 election process?
13 A The 2011.
14 Q Would you have the numbers to dispute that the
15 membership went from approximately 180 -- excuse me --
16 from approximately 100 to 180?
17 MR. PORTER: Object to the form. Lacks
18 foundation.
19 THE WITNESS: I did not keep the membership
20 data so my conclusion is based on the number of
21 address labels that were delivered to the elections
22 committee.
23 If there were 180 members, what happened to
24 the other 44 members? Why didn't they get a ballot?
25 Apparently, they weren't members.
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1 BY MR. BUESING:
2 Q And what does it take to be a member, sir?
3 A A $20 bill.
4 Q Anything else?
5 A A membership application needs to be filled
6 out or a member can be designated an honorary member.
7 Q Is it part of the mission of the organization
8 to grow its membership to try to have an impact on a
9 state with over 19 million people?
10 MR. PORTER: Object to form. Lack of time
11 period.
12 THE WITNESS: That's one part of the mission,
13 yes.
14 BY MR. BUESING:
15 Q So, the member you would want is somebody who
16 is encouraging other people to join?
17 A We would like to have members that help grow
18 the organization, yes.
19 Q Is it a fair commentary to say that when
20 Ms. Wachs arrived at AOF, she brought more modern fund-
21 raising methods to the organization?
22 MR. PORTER: Object to the form.
23 THE WITNESS: My perception of that was that
24 was instigated primarily by Mr. Kieffer.
25 BY MR. BUESING:
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1 Q Mr. Kieffer brought more modern fund-raising
2 methods?
3 A Yes.
4 Q Can you describe these methods?
5 A He wanted to use the electronic media to try
6 to solicit donations and probably members.
7 Q That had not been done in the past?
8 A We had had a website for a long time, but it
9 didn't focus on fund-raising, and so he was much more
10 seriously focused on fund-raising than any of the
11 previous members or officers had been.
12 Q Like growing the membership numbers; is that a
13 good thing for the organization to focus on
14 fund-raising?
15 A Sure.
16 Q I mean, are you praising him for updating
17 those membership approaches?
18 MR. PORTER: Object to the form.
19 BY MR. BUESING:
20 Q Pardon me. Fund-raising approaches.
21 MR. PORTER: Object to the form.
22 THE WITNESS: Actually, I ended up objecting
23 to the way he was doing it, because I felt he was
24 over-focusing on fund-raising, and that's not the
25 mission of the organization. It's not to make
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1 money; it's to address state-church separation
2 issues.
3 BY MR. BUESING:
4 Q Did you make any effort to stop him from doing
5 those things?
6 A I did.
7 Q What efforts?
8 A I made motions at the board meetings to
9 reconfigure the website so it didn't focus so much on
10 fund-raising.
11 Q And what was the outcome of that?
12 A Motions were overruled. Or I shouldn't say
13 "overruled." I should say voted down.
14 Q Did anyone express the opinion that it was
15 untapped potential for fund-raising?
16 MR. PORTER: Object to the form.
17 THE WITNESS: Not that I recall.
18 Well, actually, I can revise that answer.
19 Yes, Kieffer felt that the organization could
20 generate substantial donations, and I thought he was
21 a little bit naive about it. Because I've been
22 involved with this for over 30 years; if there's one
23 thing I've learned with absolute certainly is that
24 atheists don't support atheists.
25 BY MR. BUESING:
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1 Q How did you learn that, sir?
2 A Because I've seen organizations try to do it
3 for so many years, and I've been involved with those
4 organizations, and I know that they have a very
5 difficult time getting financial support from other
6 atheists.
7 Q To what do you attribute that?
8 A I think most atheists don't see an immediate
9 threat to their freedom from religion and so they don't
10 perceive any return on the investment, so to speak.
11 They see no compelling reason to need to support
12 organizations like ours that focus on state-church
13 separation issues.
14 Q When Ms. Wachs was arrested and put in
15 solitary confinement and all that, do you think that
16 people maybe started feeling that sense of being
17 threatened?
18 MR. PORTER: Objection. Calls for
19 speculation.
20 THE WITNESS: I just don't know what other
21 people think, sir. I'm not Svengali here.
22 BY MR. BUESING:
23 Q Well, did that episode, when she was arrested,
24 did that create more donations to AOF and more
25 membership at AOF?
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1 A We had a spurt of donations, but I can't tell
2 you about membership. I could tell you I wasn't aware
3 of any flood of new members coming into the
4 organization.
5 Q Now, in the first half of 2011, it took two
6 signatures to move money over at the bank?
7 A From the certificate of deposit into the
8 regular checking account, yes.
9 Q Okay. And was that a procedure that
10 Mr. Kieffer put in place for the protection of the
11 organization?
12 A I put it in place.
13 Q When did you do that, sir?
14 A When the certificate of deposit was
15 established.
16 Q So if we were to review the bank records and
17 see all the movement of money from the certificate of
18 deposit in the year 2011, would that be a good way to
19 find out on what days you participated in moving the
20 money?
21 A Yes.
22 Q Because you were always involved when the
23 money got moved?
24 A Yes.
25 Q And that would be with John Kieffer during
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1 those -- during 2001 up till the expulsion?
2 A Yes.
3 Q Do you know how many times you moved money?
4 A Not exactly. I could give you an estimate or
5 I can research it for you. I would estimate three
6 times.
7 Q And was the first of those when EllenBeth
8 Wachs was arrested by the sheriff of Polk County and she
9 needed a defense attorney?
10 A Yes.
11 Q And you supported that with AOF funds, didn't
12 you?
13 MR. PORTER: Object to the form.
14 THE WITNESS: It was not up to me to oppose
15 it. Kieffer had the power to direct me to help him
16 drain the entire certificate of deposit any day he
17 wanted to. So if he told me we need to move money,
18 I went in there and moved it with him.
19 BY MR. BUESING:
20 Q Well, did you believe that it was consistent
21 with the mission of the organization and was an
22 appropriate use of the money?
23 MR. PORTER: Objection to form. Ambiguous.
24 THE WITNESS: I wouldn't have thought that the
25 purpose of our money was to deal with that
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1 situation, because it wasn't advancing state-church
2 separation.
3 BY MR. BUESING:
4 Q You did not -- you agreed, did you not, that
5 the arrest was based on a false allegation --
6 MR. PORTER: Object to the form.
7 MR. BUESING: Let me finish.
8 BY MR. BUESING:
9 Q -- that she was engaged in the unlicensed
10 practice of law, and that the sheriff was absolutely
11 engaged in harassment of her simply because she had
12 challenged his right to give county property to a
13 religious organization?
14 MR. PORTER: Object to the form.
15 THE WITNESS: Yes. I agreed with that, yes.
16 BY MR. BUESING:
17 Q You still agree with that today; right?
18 A Yes.
19 Q And you agree that her suit against Grady Judd
20 was a proper action to take to protect herself from a
21 demonstrably hostile Christian?
22 A I wasn't in a -- I was not in a position to
23 know whether that was a responsible lawsuit to
24 implement.
25 Q Did you not in fact hold the belief -- let's
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1 say in June of 2011 -- that her suit against Grady Judd
2 is a proper action to take to protect herself from a
3 demonstrably hostile Christian?
4 A That's what I had been told, that the reason
5 the suit had been filed was, and my sense was that the
6 sheriff was harassing her, and I deferred to her
7 expertise as an attorney to decide that this was a way
8 that she could help protect herself from him, but I
9 didn't implement that assessment.
10 Q Well, you expressed that to Matt Cooper, did
11 you not, when you talked to him, that the suit was a
12 proper action to take to protect herself from a
13 demonstrably hostile Christian?
14 A Based on what I'd been told, that it was
15 something she needed to do to protect herself from him.
16 But you got to understand, I'm just an illustrator. I
17 didn't know if there was better ways to do it, if other
18 resources could have been used, if it was a practical
19 thing to do or if it was even a functional thing to do.
20 He could arrest her any time he wanted, as far
21 as I understood the situation, and so she can't really
22 prevent him from arresting her. But she was explaining
23 to us that this would somehow prevent him from arresting
24 her on what she was expressing to us were frivolous
25 charges, harassment charges.
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1 Q But Matt Cooper argued with you about your
2 conclusions, though; right?
3 A I don't remember him arguing with me about
4 that, I really don't.
5 Q Now, do you agree that EllenBeth Wachs has not
6 engaged in any legal representation of any individual or
7 the Atheists of Florida?
8 MR. PORTER: Objection. Calls for
9 speculation.
10 THE WITNESS: I'm not sure I followed that.
11 Say that again. Do I agree that she has not engaged
12 in legal representation of the organization or any
13 individual?
14 MR. BUESING: Yes, sir.
15 MR. PORTER: Object.
16 THE WITNESS: Yes, sir.
17 MR. PORTER: Same objection.
18 THE WITNESS: Yes, I agree with that.
19 BY MR. BUESING:
20 Q I mean, I believe you signed petitions to the
21 effect that it was outrageous that the sheriff sent a
22 SWAT team to invade her house; and she spent time in
23 solitary confinement.
24 MR. PORTER: Object to the form.
25 THE WITNESS: The petition was circulated, I
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1 was asked to sign it and did.
2 BY MR. BUESING:
3 Q You wouldn't sign it if you didn't agree with
4 it, would you?
5 A That's correct.
6 Q And was it your view in June, when you talked
7 to Matt Cooper, that the lawsuit should be pursued and
8 not abandoned and that we, AOF, should provide financial
9 assistance to the suit?
10 A You are referring to the Grady Judd suit here;
11 right?
12 Q Correct.
13 A Yes.
14 Q And, in fact, the budget for the next fiscal
15 year set aside money for that purpose; correct?
16 A Yes.
17 Q And that's a budget you personally voted in
18 favor of; correct?
19 A Yes.
20 Q In fact, it was unanimous by the board?
21 A I think unanimous. I think so.
22 Q In fact, you prepared the budget; right?
23 A I think I did.
24 Q And you had some money in there for publicity?
25 A I think there was.
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1 Q I mean, in fact, the organization at that time
2 viewed this as an opportunity to promote your mission?
3 MR. PORTER: Objection. Too many pronouns.
4 Bob, I mean it's -- that's my objection. Sorry.
5 BY MR. BUESING:
6 Q You can answer.
7 A The mission of the organization was not to
8 defend one of our board members from arrest; it's to
9 address state-church separation issues similar to the
10 one that instigated the whole thing, the distribution of
11 government property to the churches.
12 Q Just for the record so we all understand this,
13 the situation was Grady Judd, the sheriff of Polk
14 County, was giving surplus public property, or something
15 of that nature, to religious organizations of his
16 choosing, people he wanted to give it to?
17 A Right.
18 Q And that was against your mission and your
19 beliefs as to what's proper?
20 MR. PORTER: Object to the form.
21 THE WITNESS: Yes. That was something that we
22 perceived as a state-church separation violation.
23 BY MR. BUESING:
24 Q And Ms. Wachs, who was an officer at the
25 time -- she was a board member and an officer; correct?
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1 A Yes.
2 Q And she took the lead on sending a letter to
3 the sheriff asking him for information and telling him
4 not to do it?
5 A That's right.
6 Q And that was consistent with your mission?
7 A Yes, absolutely.
8 Q And it was your belief that the sheriff then
9 sent the SWAT team to invade her home over a false
10 allegation that she was engaged in the unlicensed
11 practice of law simply because she had challenged his
12 right to give county property to religious
13 organizations; is that right?
14 A Yes.
15 Q Now, is that the kind of activism you're
16 looking for from engaged members?
17 A We are certainly not looking to get our
18 officers arrested.
19 Q But you are certainly looking for them to
20 stand up to authorities who would abuse their position
21 or harass somebody?
22 A Yes.
23 Q Now, you testified earlier that when Mr. Young
24 was president, he obtained a bylaw change so he could
25 spend the money of the organization without getting
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1 preapproval from the board. Did I understand that
2 correctly?
3 A Yes.
4 Q Who was the first person to come up with the
5 idea of a financial oversight committee for expenditures
6 over $1,000?
7 A That might have been Steve Brown or Matt
8 Cooper.
9 Q Did Joel Reinhardt ever express an interest in
10 that?
11 A I don't remember him being involved with that
12 idea.
13 Q Now, over the years, was it the practice and
14 policy of the board members at AOF to have some of the
15 board members meet at people's houses or, you know, at
16 unannounced locations to discuss the board business, not
17 announce this as a formal board meeting?
18 MR. PORTER: Object to the form.
19 THE WITNESS: That was not routinely done, no.
20 BY MR. BUESING:
21 Q Do you know why, in the summer of 2011, there
22 were a series of meetings that were held with just some
23 of the board members?
24 MR. PORTER: Object to the form. Lack of
25 foundation.
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1 THE WITNESS: Yes, I do.
2 BY MR. BUESING:
3 Q Why?
4 A Because several of the board members were very
5 concerned about the rate at which our treasury was being
6 spent and felt that the entire board should have input
7 on the future expenditures in excess of a thousand
8 dollars.
9 Q And why would that discussion not take place
10 in an open board meeting with all board members present?
11 A Eventually, it did, but I think the reason
12 that it happened when it did was because they wanted to
13 lay the foundation for establishing an oversight
14 committee to be presented to the board and voted on. It
15 would require bylaws change, and they wanted to draft
16 the language for that, I think, before going to the
17 board meeting so they could put it on the agenda for the
18 meeting.
19 Q Well, would you agree with me that it's not
20 healthy for a board to have some of the board members
21 having these sort of meetings without the other board
22 members?
23 A I would not agree at all.
24 Q Why is that okay?
25 A There is nothing wrong with board members
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1 communicating individually with each other.
2 Q Well, in those meetings that started, I
3 believe, in June of 2011 after Matt Cooper arrived, that
4 were not official board meetings but were a subgroup of
5 the board, Matt -- when was the first time you remember
6 a discussion of the need to expel Ms. Wachs?
7 A I think that would have been a telephone
8 conversation with Matt Cooper sometime during that
9 summer when I was actually up in North Carolina, and he
10 contacted me by telephone to discuss it.
11 Q Can you be any more specific? June? July?
12 August?
13 A I really can't, because I went up there
14 multiple times to a vacation home that I have up there,
15 and I can't remember the specific times I was up there
16 when he called me. And I would also tell you that there
17 was more than one call so that's why I can't really pin
18 down, you know, what time -- what particular call he
19 brought that to my attention.
20 Q And in this call he said we need to expel
21 Ms. Wachs, we need to expel Mr. Kieffer?
22 A No, he didn't. He was more concerned about
23 getting legal representation involved with the board. I
24 don't recall him using the word "expel" at that time.
25 Q I think some of the emails used the phrase
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1 "get rid of." Was there a discussion that we needed to
2 get rid of these two officers?
3 A I think that was his appraisal of the
4 situation initially.
5 Q And you first heard that in the summer of 2011
6 by phone?
7 A I think so.
8 Q I mean, based on your June email where you
9 described the discussion and you're basically
10 defending -- and then I have a later email in November
11 where basically Matt says I have to work on these people
12 to believe my view of this.
13 But would you agree with me that starting in
14 late June and then continuing in July and continuing in
15 August, he continued to express this issue all the way
16 along?
17 A Yes, he did.
18 Q And he was looking for some mechanism to have
19 them -- the phrase was "some mechanism" to get rid of
20 them in the organization?
21 A I don't remember him focusing on that as much
22 as just really being concerned that the proper
23 procedures for the business of the organization would be
24 followed, and he felt that they were straying from that.
25 Q In what way straying from that?
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1 A Well, I think it really became most pronounced
2 when the election process started.
3 Q That's not until mid-September, more or less?
4 A Yeah, that's right.
5 Q I'm talking before that.
6 A Before that he was concerned about the
7 expenditures. He, as we've discussed earlier, felt that
8 the Polk County issue had been botched, which had cost
9 us a lot of money, that he felt was wasted.
10 So he just -- I have speculated about what he
11 thought. But based on what he conveyed to me and I
12 recall about it, it seems he felt that too much of our
13 money was being spent recklessly, and we, as a board,
14 needed to have more control over these issues.
15 Q This is where the financial oversight
16 committee motion and process starts getting discussed?
17 A I think so.
18 Q Did he ever share with you that he had a
19 disagreement with EllenBeth Wachs the prior year over
20 what the billboard should look like, the one that says,
21 "Our nation indivisible"?
22 A I recall that there was something about that,
23 but it seems like I learned most about that after the
24 expulsion. So I learned mostly about that in hindsight,
25 because I had no involvement in the design of that sign
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1 or billboard.
2 Q In other words, he came to the board in June
3 of 2011 but he had already had experience with
4 Ms. Wachs, and he was -- for whatever reason, he was not
5 a fan. Is that fair?
6 MR. PORTER: Objection. Calls for
7 speculation.
8 THE WITNESS: From what I learned in
9 hindsight, that could be true, but I can't testify
10 to a factual knowledge or any involvement that I had
11 in that -- in those disagreements.
12 BY MR. BUESING:
13 Q As you look back at it from today, do you
14 think Mr. Cooper had trouble with an outspoken,
15 well-educated female?
16 MR. PORTER: Objection. Lacking in
17 foundation.
18 THE WITNESS: I have no basis to draw that
19 conclusion whatsoever.
20 BY MR. BUESING:
21 Q Did he ever express anything to you that would
22 cause you to believe that he had a sexist view toward
23 her?
24 A Not toward her or any woman. He never gave me
25 any reason to perceive him as a sexist or a misogynist.
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1 Q Do you think an outspoken, strongly committed
2 male who had argued about what the billboard should look
3 like might be treated differently than a female?
4 MR. PORTER: Objection. Ambiguous.
5 THE WITNESS: My perception of the
6 disagreement is that it was purely intellectual.
7 BY MR. BUESING:
8 Q Mr. Cooper was a highly educated man; is that
9 your understanding?
10 A Based on what he told me, but I never
11 investigated his background.
12 Q Well, based on what he was telling you, it was
13 his view he was a super smart guy and he was smarter
14 than everybody else; right?
15 MR. PORTER: Objection.
16 THE WITNESS: He never impressed me that way
17 at all. Not at all. He was -- he was a very
18 unpretentious person, in my opinion.
19 BY MR. BUESING:
20 Q You never found him to be sarcastic?
21 A No. I mean, think about it. I'm a high
22 school graduate; right? I never ever had the sense that
23 he was talking down to me or, you know, expressed a
24 sense of intellectual superiority over me at all through
25 any of this. He was an extremely down-to-earth person,
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1 totally unpretentious, in my opinion.
2 Q Well, we'll get to the email later, but you do
3 recall that somewhere in October of 2011, you said
4 something like, you know, "What Matt's been telling me
5 all along is true. I now see that what Matt was telling
6 me all along is true"?
7 A That's correct.
8 Q So what Matt had been telling you all along
9 was what?
10 A He contacted me to tell me that his sense was
11 that EllenBeth was planning to try to take complete
12 control of the organization. So at first I was
13 skeptical; I needed evidence.
14 And by the time I wrote that email, I felt
15 that sufficient evidence had been presented to me to
16 conclude that his characterization of the situation was
17 correct.
18 Q Now, do you agree with me that AOF is a
19 member-based organization?
20 MR. PORTER: Object to the form.
21 THE WITNESS: Yes.
22 BY MR. BUESING:
23 Q And that the decisions about who's on the
24 board should be a member decision?
25 MR. PORTER: Objection to the form.
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1 THE WITNESS: The reality of the situation is
2 we rarely, rarely have enough people interested in
3 serving on the board to make a quorum. So I
4 understand the indifference of the members toward
5 the mechanics of running the organization. They
6 simply wanted to support the group and had very
7 little concern about who actually is on the board as
8 long as someone is there to run it.
9 BY MR. BUESING:
10 Q What is the quorum, sir?
11 A Say that again, please.
12 Q What is the quorum?
13 A It currently is 17 members, and I think we'd
14 need to have 50 percent of those to form a quorum or it
15 could be 50 percent of the ten at-large seats.
16 I need to look it up. I'm not that concerned
17 now because we have more than enough to meet the quorum.
18 Q I just want to be clear for the purposes of
19 this lawsuit. You're not going to dispute that the
20 members are the ones who are supposed to elect the board
21 members?
22 A When there is a contested election, yes, the
23 members elect the board members.
24 Q And if there's not a contested election, it
25 doesn't still go to the members to just do one of those,
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1 you know, vote for four, vote for ten?
2 A No, we don't conduct an election if we can't
3 muster a minimum number of candidates for the board.
4 Q Now, aside from the 2011 election, the 2012
5 election, can you recall any other elections going out
6 to the members?
7 A I do.
8 Q What year?
9 A I think 2005 and 1998 and possibly as early as
10 '94.
11 Q Do you have minutes going back that far?
12 A I have minutes all the way back to the first
13 board meeting.
14 Q And would you agree with me that no bylaw
15 amendments have been passed by the members, just by the
16 board members?
17 A Yes.
18 Q Would you agree with me that the original
19 bylaws state that only the members can amend the bylaws?
20 MR. PORTER: Object to the form.
21 THE WITNESS: That is in there, yes.
22 BY MR. BUESING:
23 Q Okay. So, we'll get to the documents, but it
24 looks like by early July there's already a discussion of
25 financial oversight committee motions by some of the
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1 board members?
2 A Yes.
3 Q And this was going to be accomplished through
4 a bylaw amendment?
5 A That's right.
6 Q But, again, a bylaw amendment passed by the
7 board, not by the members; correct?
8 A Right.
9 Q And somewhere in these conversations, you
10 remember Mr. Cooper expressing that she's planning to
11 take control of the organization?
12 A Yes.
13 Q And at the time you were -- initially, you
14 were skeptical?
15 A Right.
16 Q By at least -- by October, when you expressed
17 in one of these emails that I now agree with Matt, your
18 view changed?
19 A Right.
20 Q Now, I want to talk about the election for a
21 second. Why was there an election in 2011? What was
22 the purpose of that? Was it time? Was it the cycle,
23 and this was the time of the cycle? How did that work?
24 A That's right. The board members serve for a
25 period of three years, and the terms were about to
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1 expire. So we had the sufficient number of candidates
2 to warrant an election. Although, even that's
3 questionable, because we only had ten at-large
4 candidates and the rest of them were already chapter
5 directors who would have been seated on the board
6 anyway. So it could be argued that there was no need
7 for an election.
8 Q What if a chapter director resigns?
9 A There is no provision for that in the bylaws.
10 I don't really know if that chapter director would fill
11 out the term, having been seated as a board member, or
12 would then be replaced by a different chapter director.
13 This is because it's not part of the original
14 bylaws. The original bylaws never specified that
15 chapter directors would be seated on the board, and when
16 that amendment was implemented, those types of details
17 were not addressed.
18 Q I think I recall somewhere in here that Matt
19 Cooper expresses that the bylaws are -- you know, he was
20 not real pleased with the condition of the bylaws. Do
21 you remember him expressing that, too?
22 A I don't specifically remember that, but I
23 remember that some of the board members did think that
24 they needed to be rewritten and have issues like that
25 addressed. And he probably was one of them, but I can't
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1 testify with absolute certainly that that was that big
2 of a concern to him.
3 Q Wasn't there, in fact, like a bylaw review
4 committee put together at some point?
5 A Yes.
6 Q Do you recall who served on that?
7 A Robert Byrd, B-y-r-d, Judy Adkins, Steve
8 Brown, and I think possibly Gloria Julius.
9 Q Did that committee ever issue a report or
10 recommendations?
11 A They had a few meetings at which they reviewed
12 different sections of the bylaws. And their intention
13 was that when they had gone through the whole process of
14 addressing every section in the bylaws, they would then
15 present it to the board for adoption. And they had not
16 finished going through the whole bylaws.
17 Q So as of March 2014, they still have not
18 finished?
19 A That's right.
20 Q Do you know if they are still actively working
21 on it?
22 A They have suspended their work.
23 Q Why did they do that?
24 MR. PORTER: Object to the form. Calls for
25 speculation.
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1 BY MR. BUESING:
2 Q You can answer.
3 A I think because they have decided to wait
4 until all our legal issues are resolved and then go
5 ahead and complete the work. After all, if we don't
6 exist after all this, it's sort of a pointless exercise.
7 Q Now, was Matt Cooper looking for a way to use
8 the election process to get votes that would support
9 other board members than Ms. Wachs and Mr. Kieffer, vote
10 them off the board?
11 MR. PORTER: Objection. Lack of foundation.
12 Speculation.
13 THE WITNESS: I can't testify to that.
14 BY MR. BUESING:
15 Q In fact, would you agree with me that it would
16 have been hard to get the membership to vote them off
17 the board?
18 MR. PORTER: Objection. Speculation.
19 THE WITNESS: No, I can't agree with you,
20 because based on feedback that I had from some
21 members, there were a lot of members who expressed a
22 lot of disappointment with them.
23 BY MR. BUESING:
24 Q Who?
25 A Mindy Singer is one.
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1 Q When you say "expressed disappointment," is
2 this after the expulsion, after the press releases,
3 after the newsletter goes out, after the interview with
4 the Lakeland newspaper, then she's expressing
5 disappointment?
6 A No, prior to the election.
7 Q And she's a member based where?
8 A She lives in Brandon.
9 Q Well, who else expressed concern --
10 MR. PORTER: You know, I'm going to object to
11 this line of questioning.
12 BY MR. BUESING:
13 Q -- besides Ms. Singer?
14 MR. PORTER: I'd like to protect each of the
15 people who expressed their concerns confidentially
16 to him as chairman of the organization before these
17 people were expelled, because, frankly, I'm afraid
18 she's going to sue them.
19 She will sue everybody she could possibly find
20 who ever said anything bad about her. And I don't
21 think Ed wants to sit here and go through a list of
22 names of people who voiced their disapproval.
23 So I think there may be some confidentiality
24 that you can explore or maybe I can explore, if you
25 want me to voir dire the witness, as to the context
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1 in which these statements may have been made, and we
2 may assert a privilege as to the board member, the
3 chairman's right to speak in confidential -- speak
4 with confidentially.
5 MR. BUESING: That's a confidentially
6 privilege I am not aware of. We have a fairly
7 recent law school graduate who can actually --
8 BY MR. BUESING:
9 Q You're not a priest; right? You're not a
10 doctor? You're not an accountant? You're not a lawyer;
11 right? All those things?
12 A That's been asked and answered.
13 MR. BUESING: Okay. I'm not sure there's a
14 privilege for a chairman of a board.
15 MR. PORTER: I think there might be a
16 statutory privilege for board proceedings.
17 Can we just ask, were these statements made to
18 you in what you believe was an expression of
19 confidence or were they made publicly?
20 THE WITNESS: I think in confidence, yeah.
21 They weren't making them publicly.
22 MR. BUESING: Okay.
23 MR. PORTER: I'm going to ask that he refrain
24 from giving those names at this point. We'll
25 revisit it at lunchtime. But he can say what he
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1 heard and, you know, without naming names.
2 People are very scared of this woman who you
3 represent suing them, and she seems to, you know,
4 have no problem adding new people to sue, for
5 whatever reason. And I don't want this testimony to
6 get new people sued, frankly. So I'm going to
7 assert a privilege, because it was given to him in
8 confidence, and we'll consider it at lunch.
9 We'll just set that question aside as to who
10 else expressed dissatisfaction with EllenBeth Wachs.
11 MR. BUESING: So you are directing him not to
12 answer?
13 MR. PORTER: I'll ask you defer this question
14 till after lunch so we have a chance to research it
15 and consider it further.
16 MR. BUESING: All right. Fair enough.
17 Consider it further. I mean, I'm not aware of any
18 such statutory privilege. I can't believe one
19 exists.
20 MR. PORTER: I just saw an article yesterday
21 about communications with boards of directors being
22 confidential, but let me look at it further.
23 BY MR. BUESING:
24 Q Okay. Let me ask you a question about the
25 2011 election, sir. There were ballots that were
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1 returned, and those have all been destroyed. Is that my
2 understanding?
3 A That's right.
4 Q Did you tally them up before you destroyed
5 them?
6 A No.
7 Q Do you have any reason to believe that the
8 slate of board members that Ms. Wachs recommended did
9 not in fact have a majority of the votes received?
10 A I do.
11 Q On what basis, since you did not tally them
12 and you destroyed them, do you have that opinion?
13 A Because we ran a second election which
14 contained those same candidates and others, and they did
15 not receive the majority of votes of the members.
16 Q The second election would be after you issued
17 press releases, you did your information in the
18 newsletter and so on. I'm talking about before the
19 electorate was influenced by that sort of information.
20 MR. PORTER: Objection. Argumentative.
21 Give me time to object on every question.
22 THE WITNESS: We did not issue any press
23 releases.
24 BY MR. BUESING:
25 Q Okay. We'll get to that later. We'll get do
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1 that. But I just want it clear on the record, the 2011
2 election ballots were received, and they were destroyed?
3 A Asked and answered. She can read it back to
4 you.
5 Q Is there a process by which there's some type
6 of debate that's conducted in front of the membership so
7 that the members can make an informed vote about who
8 they should vote for, for the board?
9 MR. PORTER: Object to the form.
10 THE WITNESS: A debate process? We simply
11 send out a resum of each candidate for them to read
12 and evaluate.
13 BY MR. BUESING:
14 Q Well, is there any reason to believe that the
15 candidates who were very well-known to the membership,
16 such as Ms. Wachs, would not have received the majority
17 of the vote?
18 MR. PORTER: Objection. Calls for
19 speculation.
20 THE WITNESS: It's purely speculative. I
21 can't read the minds of the members. I don't know
22 what they all thought about it. You got to
23 understand, counselor, most members, I've never even
24 met.
25 BY MR. BUESING:
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1 Q Are you contesting that Ms. Wachs had met most
2 of the members, had been around, talked at different
3 meetings?
4 MR. PORTER: Objection. Lack of foundation.
5 THE WITNESS: I don't know -- well, most of
6 the members don't come to meetings. So even if she
7 did go out to different chapter meetings, she
8 probably would not have had an opportunity to meet
9 more than a quarter of them.
10 BY MR. BUESING:
11 Q Let me ask you a question. If there hadn't
12 been $100,000 sitting there, would you have stopped this
13 election and changed the locks and do all the things you
14 did?
15 A You're assuming a fact not in evidence. I
16 didn't change locks. What are you talking about?
17 Q Okay. Let's talk about that for a second. On
18 October 24th, 2011, did you in fact ask that the lock be
19 changed on the mailbox that was being used for the
20 election?
21 A I did not.
22 Q What did you tell the postal authorities?
23 A I went in and directed them to hold the mail
24 and place a device in the box that would prevent anybody
25 from opening it, and they did.
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1 Q And the anybody you are referring to as of
2 October 24 would have been Mr. Kieffer and Ms. Wachs?
3 They were the officers at the time?
4 A Mr. Kieffer and myself, we were the two that
5 held the keys to the box.
6 Q So even Mr. Kieffer would no longer have been
7 able to get into the place where the ballots were
8 supposed to be mailed?
9 A Nobody would be able to get into it.
10 Q How did you ultimately get the ballots so you
11 could destroy them?
12 MR. PORTER: Objection. Lack of foundation.
13 THE WITNESS: When the election was cancelled
14 by the board of directors, I released the hold on
15 the mail and recovered the ballots.
16 BY MR. BUESING:
17 Q What was the process for destroying those
18 ballots? What did you do?
19 MR. PORTER: Object to the form.
20 THE WITNESS: We opened them to see if there
21 was any -- not "we." Check that.
22 Our counsel, Ryan Carey, opened each of the
23 ballots to see if there was any correspondence or
24 membership applications in there. I think he
25 retained the envelopes and took the ballots and
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1 destroyed them all so that none of the officers or
2 board members or members ever saw any of them.
3 BY MR. BUESING:
4 Q When you say "destroyed," he put them through
5 a shredder? burned them? Do you know specifically what
6 he did?
7 A I think he said he would put them through a
8 shredder.
9 Q And that was at your direction?
10 MR. PORTER: Object to the form. You're now
11 asking him for communications between a lawyer and a
12 client. I don't mind him answering that as long as
13 you are not going to argue waiver by me by letting
14 him answer that. If you want to know what happened
15 about --
16 MR. BUESING: I don't think that's a
17 confidential communication -- it's not intended to
18 be -- but I will not argue waiver to answer this
19 question.
20 MR. PORTER: Go ahead.
21 THE WITNESS: It was the decision of the board
22 of directors.
23 BY MR. BUESING:
24 Q Let me go back to what you did at the post
25 office box. At the time, you were chairman of the board
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1 but not an officer; correct?
2 A Correct.
3 Q And under the bylaws, does the chairman of the
4 board have authority to instruct the postal authorities
5 to freeze a PO box?
6 A That's not spelled out in the bylaws.
7 Q Well, on what authority do you think you were
8 acting?
9 A I was acting on behalf of the board of
10 directors that had voted down the elections committee,
11 which meant there was no elections committee to collect
12 the ballots.
13 Q So you're saying before October 24th, 2011,
14 there was a board meeting that voted down the elections
15 committee?
16 A The vote was conducted by email.
17 Q The bylaws allow that?
18 A Sure.
19 Q Was there notice to all board members of this
20 action that the board was going to take to shut down the
21 election?
22 A Yes. I think every single board member voted
23 on the -- I'm sorry. Did you say shutting down the
24 mailbox?
25 Q That's right.
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1 A Oh, I'm sorry. Oh, no, no, there was no vote
2 on the part of the board to do that.
3 Q So let me return to my earlier question. On
4 what authority were you acting when you shut down the
5 mailbox?
6 MR. PORTER: Objection. Asked and answered.
7 THE WITNESS: I was acting as the chairman of
8 the board to protect the interests of the
9 organization.
10 BY MR. BUESING:
11 Q Well, would you agree with me there's no
12 specific authorization in any of the bylaws that would
13 grant the chairman of the board the power to do that?
14 MR. PORTER: Object to the form.
15 THE WITNESS: No, I would not agree with that.
16 BY MR. BUESING:
17 Q Who knew you were going to do it?
18 A At the time I did it, nobody.
19 Q Did Mr. Cooper know?
20 A Not before I did it.
21 Q When did he first know that you did it?
22 A I don't know.
23 Q What was his reaction?
24 A I don't know how he found out about it so I
25 don't know what reaction he would have had.
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1 Q Well, did he say, "Great. That's what I just
2 wanted you to do," or did he say, "How could you do
3 that?"
4 A Nobody objected to it except the people who
5 wanted to get the mail.
6 Q Mr. Kieffer?
7 A That's right. And Ms. Wachs.
8 Q When you say "nobody," who else did you talk
9 to besides Mr. Cooper about the decision to lock down
10 the mailbox?
11 MR. PORTER: Objection. Lack of foundation.
12 Asked and answered.
13 THE WITNESS: I don't remember talking to
14 anybody about it. I did it because the elections
15 committee had been voted down. My sense was nobody
16 should be recovering those ballots, not even myself.
17 And I felt the safest place for the ballots to be
18 was at the post office until the board could resolve
19 the issue of establishing an elections committee
20 that was approved by the board and satisfactory to
21 all the board members.
22 BY MR. BUESING:
23 Q Well, but by that date certainly the emails
24 would say you had already resolved that Mr. Kieffer and
25 Ms. Wachs had to be expelled from the organization, but
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1 before you shut down that mailbox?
2 A No. The expulsion occurred on November 6th.
3 Q Right, but you resolved to do it earlier.
4 A No, I did not make an advanced resolution to
5 do it.
6 Q I don't know what you mean by "advanced
7 resolution."
8 Let me see if I can rephrase this. You had
9 communicated prior to October 24th that Matt Cooper was
10 right, she's trying to take over the organization, and
11 we need to get rid of her; correct?
12 A Where do you get that information? Is that an
13 email I wrote?
14 Q I believe so. But we'll get to it this
15 afternoon.
16 A Okay.
17 Q You don't remember that, sir?
18 A I don't remember saying we needed to get rid
19 of her. I just remember feeling that Matt's appraisal
20 of the situation was correct.
21 Q And Matt had resigned from the elections
22 committee in early October?
23 A Yes.
24 Q And didn't he make it clear to you right then
25 that we're going to have to get rid of her? She's going
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1 to take over this organization; she's going to get her
2 hands on that hundred thousand dollars?
3 A I don't remember Matt focusing on thinking
4 about getting rid of her as much as just removing her
5 probably from the presidency so she didn't have the kind
6 of control that she had. Or the vice presidency. That
7 seemed to be what was his focus to me.
8 Q Who selects the officers?
9 A The board members.
10 Q So if there's an election ongoing in which
11 Ms. Wachs has issued an email with her preferred slate,
12 and it would have resulted in a majority of the board
13 members being people she recommended, then that new
14 board would be the one to select the officers; right?
15 MR. PORTER: Objection. Calls for wild
16 speculation.
17 THE WITNESS: As I understand your question,
18 you're saying if Wachs preferred candidates were
19 elected to the board, they would elect the officers,
20 the answer to that is yes.
21 BY MR. BUESING:
22 Q You were aware that Ms. Wachs issued her email
23 with a list of the people she thought should be elected
24 to the open board seats?
25 A I think it was a posting on the organization's
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1 Facebook page, but it could have been an email to the
2 members. I don't remember the exact form it was in.
3 Q Okay. Do you remember seeing it?
4 A Yes.
5 Q And was it right about then that you concluded
6 that Matt was right all along and she was trying to take
7 over the organization?
8 A I think I'd come to that conclusion before
9 that email came out. In fact, I think I could narrow
10 that down to the time that she assumed the presidency of
11 the organization, because of the way she interacted with
12 the board.
13 Q You'd certainly reached that conclusion by
14 that point?
15 A Yes.
16 Q Did you and Matt Cooper and others discuss,
17 jeez, we've got to stop this election?
18 MR. PORTER: Object to the form.
19 BY MR. BUESING:
20 Q And I'll remind you you're under oath, sir.
21 A Yeah. I'm just trying to recollect when there
22 was concern for stopping the election. There were so
23 many improprieties leading up to the time that the
24 ballots were mailed and how they were mailed, who they
25 were mailed to, that I think there was a consensus among
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1 a few board members that the election was too corrupt to
2 continue.
3 And when your client tried to forward the mail
4 to her personal post office box and then sent an email
5 to the membership asking them to mail the ballots to her
6 post office box, we -- "we" being probably myself,
7 probably Cooper, probably any other board members that
8 were aware of all those details -- would have started to
9 conclude that the election had been too corrupted to
10 continue.
11 The board convened, discussed the situation,
12 reviewed the evidence, the actions that had been taken,
13 and voted to cancel the election.
14 Q And the plan was to expel her at the
15 November 6th meeting and then reconvene a new election
16 after she's expelled; correct?
17 MR. PORTER: Objection. It misstates his
18 prior testimony and lacks foundation.
19 THE WITNESS: There was no plan to expel
20 either Wachs or Kieffer. Okay? There was so much
21 discontent among the board members leading up to the
22 November 6th board meeting that as the chairman of
23 the organization, I sensed that the board wanted to
24 address its satisfaction or dissatisfaction with
25 their performance, so I put this on the agenda.
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1 It's an opportunity for them to decide whether to
2 retain or remove them or any other officer or
3 myself.
4 This was purely a reaction to the feedback
5 that I was getting from almost every one of the
6 board members in the weeks leading up to that board
7 meeting.
8 BY MR. BUESING:
9 Q And that's including people such as Tracy
10 Thomas, Nan Owens, Steve Brown, Gloria Julius, Steve
11 Miles, James Peterson, and Wallace Reinhardt?
12 MR. PORTER: Objection. Compound question.
13 BY MR. BUESING:
14 Q Do you want me to do them one at a time?
15 A No, I think -- I can't remember specifically
16 what each person's communications were to me.
17 For example, Reinhardt was out of the country
18 most of the time this was happening, so he's not really
19 closely aware of what was going on.
20 And Miles is up in Gainesville, so he's
21 somewhat removed from it, but I do remember that he was
22 seeing emails and expressing discontent.
23 Q You're not saying Mr. Reinhardt was completely
24 uninformed about any of this, are you?
25 MR. PORTER: Object to the form. Ambiguous.
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1 THE WITNESS: No, I'm not.
2 BY MR. BUESING:
3 Q Ms. Wachs and Mr. Kieffer wanted the election
4 to be concluded, did they not? The 2011 election, they
5 wanted that to be concluded?
6 A I think they did, yes.
7 Q And they asked that the mail be forwarded to a
8 PO box so that the ballots could be collected?
9 A No, they didn't ask. They took the initiative
10 of submitting a forwarding order to the post office box
11 without the approval of the board of directors.
12 Q That's the acting president, the one who has
13 all this authority in the organization, who did that.
14 MR. PORTER: Objection. It misstates his
15 prior testimony.
16 BY MR. BUESING:
17 Q Right?
18 A I don't remember who signed it. I think it
19 was either Kieffer or Wachs.
20 MR. BUESING: Time for lunch. All right.
21 Let's take a break.
22 (Recess taken from 12:10 p.m. to 1:03 p.m.)
23 BY MR. BUESING:
24 Q Mr. Gollobith, before lunch we had talked
25 about other members of the organization who had spoken
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1 to you about Mr. Kieffer and Ms. Wachs. Are we now able
2 to go down and answer those questions?
3 MR. PORTER: He doesn't want to. We can file
4 a motion for protective order, go ask the judge.
5 You can ask the things that were said if you want
6 to, but as far as names, he feels an obligation to
7 protect those people from a lawsuit that he's afraid
8 she'll bring against them.
9 MR. BUESING: And you cannot identify for me
10 any legally recognized Chapter 90 privilege that
11 would apply.
12 MR. PORTER: Under Rule 1.280 subsection 5,
13 motion for protective order, which we can call the
14 judge and ask for it right now.
15 MR. BUESING: We are all --
16 MR. PORTER: You have another day.
17 MR. BUESING: We're all either blessed or
18 cursed with another day of this so we'll have a
19 chance to come back and --
20 THE WITNESS: Inappropriate word to use among
21 this crowd. Who do you think you're dealing with
22 here?
23 MR. BUESING: I hear you.
24 BY MR. PORTER:
25 Q Before lunch we talked about the PO box on
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1 October 24th that you had asked the postal authorities
2 to block. I want to switch now to the office building.
3 Did you change the locks on the office space
4 that was being used by AOF on or about October 24th?
5 A I did, because I went over there for some
6 reason I can't recall, and the main bolt for the door on
7 the side we were using was getting so difficult to use.
8 I'm afraid the key would break off on it. It's the kind
9 of a bolt that requires a key from both sides, so I felt
10 like I had to secure the office, and I was afraid that
11 the lock would be inoperable. So there was another lock
12 between the two units that I removed and replaced at the
13 front door to keep it secure. I wasn't aware that
14 anybody would have any need to go there before the board
15 meeting that was coming up in very short order so I just
16 switched out that lock to keep it secure.
17 Q So as of October 24, you are the landlord of
18 that space; is that correct?
19 MR. PORTER: Object to the form. Calls for a
20 legal conclusion.
21 BY MR. PORTER:
22 Q I believe you earlier said on a month-to-month
23 lease?
24 MR. PORTER: Object to the form.
25 THE WITNESS: Yes.
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1 BY MR. PORTER:
2 Q And did you tell anybody that the key had
3 broken off in the lock or that a key could break off in
4 the lock?
5 A I didn't tell anybody anything about it.
6 Q You did not have a discussion with Mr. Kieffer
7 about the fact the lock had been changed?
8 A Oh, I apologize. I thought you meant did I
9 make an announcement to anybody. Indeed I did. He gave
10 me a call, explained that he was trying to get in the
11 building. I explained the situation to him and told him
12 I was right down the street. I said I could be down
13 there in a few minutes, and I'd be glad to let him in.
14 He said no problem. He said he was only there to
15 deliver a printer and could wait until the board
16 meeting. I again offered to let him in since he came
17 all the way there. He refused. He said, "It's not
18 important. I'll just bring it down for the board
19 meeting." I said fine.
20 Q You did not deliver a key for the new lock to
21 either the president or any other officer of the
22 organization who was renting the space for $400 a month?
23 A I was prepared to do that when we met for the
24 board meeting that was -- which would be a few days
25 later.
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1 Q Was there an elections committee meeting in
2 that space?
3 MR. PORTER: Object to the form.
4 THE WITNESS: Yes, there was.
5 BY MR. PORTER:
6 Q When?
7 A On the same day that we had the festival of
8 reading which -- it's the last Saturday of October every
9 year. I think the date might have been October 29th. I
10 can't remember the specific date, but it was the last
11 Saturday of the month.
12 Q Was it the same day that you changed the locks
13 on the building?
14 A No. I didn't go to the building that day. It
15 must have been after that because people that went there
16 that conducted the business could get in.
17 Q Who were the officers in the latter half of
18 October 2011?
19 A EllenBeth Wachs, John Kieffer, Nan Owens, and
20 Tracy Thomas.
21 Q Was it the practice, prior to you changing the
22 locks, that all four of them had keys to the space?
23 A No.
24 Q Who had keys?
25 A Besides myself, John Kieffer. And I can't
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1 recall anybody else that had a key.
2 Q Do you know if EllenBeth Wachs had a key?
3 A I don't know if she did or not.
4 Q Now, the officers were entitled to use the
5 space with you there or not there; right?
6 A Yeah, absolutely.
7 Q They were paying rent for the space; right?
8 MR. PORTER: Object to the form.
9 BY MR. BUESING:
10 Q "They" being AOF.
11 A Absolutely.
12 Q Who is Gael Murphy?
13 A Gael Murphy was admitted to the organization,
14 I believe, in the late '90s as an honorary life member.
15 Q Is that based on a donation level or --
16 A Oh, no.
17 MR. PORTER: Object to the form. Lack
18 foundation.
19 THE WITNESS: She never donated a dime to the
20 organization; never licked a stamp for it. She had
21 objected to a -- on a religiously based oath when
22 called for jury duty back in the late '90s, which
23 gained some publicity; and in recognition for her
24 stand contesting that oath, she was admitted as a
25 member, an honorary member.
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1 BY MR. BUESING:
2 Q Do members attend board meetings?
3 MR. PORTER: Object to the form. Ambiguous.
4 THE WITNESS: They are able to attend board
5 meetings if invited. But...
6 BY MR. BUESING:
7 Q Have you ever observed members attending board
8 meetings?
9 A I have.
10 Q How about prior to November 6, 2011, did you
11 ever observe a member attending a board meeting?
12 A Yes, I did.
13 Q Did you ever tell Gael Murphy that no board
14 member had ever attended a single board meeting in the
15 20-year history of the organization?
16 A I don't recall telling her that, but I
17 wouldn't deny that I would have said it if she
18 remembered it. Because the only time I remember a
19 member coming to a meeting was the time that we had a
20 board meeting in concert with a banquet for the
21 organization, and I think one member walked in and sat
22 in for a while.
23 Q If I understand your position on the original
24 bylaws, you determined it would be impractical to have
25 the membership vote on amendments?
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1 MR. PORTER: Objection. Misstates his prior
2 testimony.
3 THE WITNESS: I didn't make that
4 determination; the board of directors did when they
5 began amending the bylaws as early as, I think,
6 1994.
7 BY MR. BUESING:
8 Q A board of which you were a member?
9 A Yes.
10 Q And somewhere along the way, the board
11 purported to amend the bylaws to say that the board
12 could amend the bylaws?
13 MR. PORTER: Object to the form. Misstates
14 his prior testimony.
15 THE WITNESS: No, they never addressed that
16 specific issue. They simply introduced a motion to
17 make an amendment and voted in favor of the motion.
18 BY MR. BUESING:
19 Q Did you ever serve on the bylaw committees
20 that were revising bylaws?
21 MR. PORTER: Object to the form. Misstates
22 his prior testimony in terms of, plural,
23 "committees."
24 THE WITNESS: No, I didn't serve as a member
25 of that committee.
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1 BY MR. BUESING:
2 Q I'm talking about over the 20-year history of
3 your involvement. Were you ever the person who revised
4 bylaws --
5 MR. PORTER: Objection. Lack of foundation.
6 BY MR. BUESING:
7 Q -- for submission to the board?
8 A I think what you're asking me is, did I
9 produce the bylaws and produce copies of them as they
10 were amended. If that's what you're asking me, the
11 answer is yes. It seems like you're looking for whoever
12 actually physically printed out the bylaws here.
13 Q No, sir. I'm asking who drafted the proposed
14 amendment that was then submitted to the board and then
15 the board voted for them.
16 MR. PORTER: Objection. Ambiguous.
17 THE WITNESS: I probably -- I recall
18 submitting motions to amend the bylaws through the
19 history of the organization.
20 BY MR. BUESING:
21 Q Submitting motions means you drafted the
22 language that was part of that motion?
23 A That's right.
24 Q And on those earlier efforts, did you have
25 committees or were you doing that solo?
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1 A We didn't work with established committees. I
2 may have consulted with another board member if I
3 thought it was a good idea to introduce a bylaw change,
4 and then I would submit it as a motion before the board
5 where it was subject to amendment and approval or
6 rejection by the board.
7 Q And who would be those other members?
8 MR. PORTER: Object to the form.
9 BY MR. BUESING:
10 Q Do you recall?
11 MR. PORTER: Lack of --
12 THE WITNESS: Only by speculation. I can't
13 remember that. You seemed to be implying that I did
14 it frequently or more often than anyone else, and I
15 did not.
16 BY MR. BUESING:
17 Q Do you remember appearing in front of Judge
18 Nielsen for an emergency injunction?
19 A Yes, I do.
20 Q And you were sworn to testify at that hearing?
21 A Yes.
22 Q And you were seeking to prevent Ms. Wachs and
23 Mr. Kieffer from continuing to operate as AOF?
24 MR. PORTER: Objection. Calls for a legal
25 conclusion.
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1 MR. BUESING: I'll rephrase it.
2 BY MR. BUESING:
3 Q In your words, what were you trying to
4 accomplish with that injunction?
5 A My understanding of it is that our attorney
6 was seeking return of all of our electronic property
7 that had been stolen and to have the judge determine
8 that the legitimate board was in control of the
9 organization and that your client and Mr. Kieffer and
10 anybody else should not misrepresent themselves as being
11 in control of the organization.
12 Q And the judge denied the motion?
13 MR. PORTER: Object to the form. Calls for a
14 legal conclusion.
15 THE WITNESS: The judge concluded that our
16 attorney failed to provide him with sufficient
17 evidence to grant the injunction.
18 BY MR. BUESING:
19 Q And he basically said, "This will have to get
20 sorted out in a full lawsuit. I can't do this on an
21 emergency basis on the front end"?
22 MR. PORTER: Object to the form.
23 THE WITNESS: I don't remember him saying
24 that, but that was my conclusion of what would need
25 to happen.
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1 BY MR. BUESING:
2 Q Did the court make any formal ruling as to
3 which bylaws applied?
4 A No. It was an informal opinion that the judge
5 had expressed.
6 Q Which was what?
7 A That the bylaws dated September 2011 should be
8 the bylaws that applied to the business of the
9 organization.
10 Q But no order has been entered to that effect;
11 correct?
12 A That's right.
13 Q Are board meetings open to the general public
14 at AOF?
15 A I don't know if there's any restriction in the
16 bylaws about that.
17 Q Are board meetings open to the members at AOF?
18 A Yes, they are.
19 Q Would it be improper and inappropriate to turn
20 away a member from a board meeting?
21 A It would not if there were too many people to
22 fit in the room that we are meeting. In other words, if
23 we don't have enough space for all the people that want
24 to go to the meeting, then we don't want to overcrowd.
25 Q Is it your testimony, sir, that on November 6,
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1 2011, at that board meeting, that people were turned
2 away because there was not enough room, space in the
3 room?
4 A Nobody was turned away from the meeting.
5 Q You're sure of that?
6 A Absolutely positive. I'm willing to stake
7 your life on it, counselor.
8 Q How about Tony Calero (sp.)?
9 A Well, I didn't see everybody that came here,
10 but I think the person you're referring to was a
11 resident of Orlando who had come over to Tampa to attend
12 the MacDill Air Force Base Air Show, and he saw that
13 there was some kind of a meeting concerning the atheists
14 at that address at that day, so he stopped by thinking
15 that it was a regular meeting of the organization.
16 He wanted to meet some of the people that were
17 involved in it and was told by Ms. Smith that it was a
18 board meeting. He had no interest in attending a board
19 meeting and decided he would leave and go on to the air
20 show.
21 His name was given to Jessica Parish, who was
22 the Orlando chapter director at the time, advised to
23 contact him and invite him to one of the Orlando
24 meetings. He was not turned away. He left voluntarily.
25 Q And the Ms. Smith you're referring to is
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1 Sandra Smith?
2 A That would be her.
3 Q And you had her lined up to watch the door?
4 MR. PORTER: Object to the form. Lack of
5 foundation.
6 THE WITNESS: She was there to admit paid
7 members of the organization to the meeting and to
8 verify that whoever came was an actual paid member.
9 BY MR. BUESING:
10 Q So when you say that you're betting my life
11 that nobody got turned away, you're relying on what
12 Ms. Smith told you?
13 A Yes.
14 Q It's not your own observation standing at the
15 door yourself; correct?
16 A That's true. I was inside.
17 Q So if I win that bet, what do I get, sir?
18 THE WITNESS: Aren't you going to object to
19 that, chief?
20 MR. BUESING: I withdraw it.
21 THE WITNESS: I'm waiting.
22 BY MR. BUESING:
23 Q Did you ever represent to people that AOF
24 never operates in secrecy?
25 A Well, I don't recall ever representing that,
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1 but if somebody testified they heard me say it, I
2 wouldn't deny it.
3 Q And this would not include these meetings of
4 some of the board members that are happening in people's
5 houses and at other locations, because those would be in
6 secrecy; right?
7 MR. PORTER: Object to the form.
8 THE WITNESS: That was not an official meeting
9 of the board. No minutes were kept. No motions
10 were made or approved. It wasn't an official
11 meeting of the board of directors.
12 BY MR. BUESING:
13 Q Whatever they were, they were intended to
14 operate in secrecy, were they not?
15 MR. PORTER: Object to the form.
16 THE WITNESS: I wouldn't use the word
17 "secrecy," no.
18 BY MR. BUESING:
19 Q What word would you use, sir?
20 MR. PORTER: Object to the form. Ambiguous.
21 THE WITNESS: Collaboration. Discussion.
22 BY MR. BUESING:
23 Q How about conspiracy? Would you use
24 conspiracy?
25 MR. PORTER: Objection. Calls for legal
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1 conclusion.
2 THE WITNESS: No, I wouldn't use that word at
3 all.
4 BY MR. BUESING:
5 Q We spoke earlier about an attorney named Ryan
6 Carey. Do you remember that discussion?
7 A Yes.
8 Q I believe this is somebody you personally
9 retained as your personal lawyer?
10 MR. PORTER: Object to form. Calls for legal
11 conclusion.
12 THE WITNESS: I didn't consider him my
13 personal attorney. Several of the board members, on
14 the urging Matt Cooper, were interested in hiring
15 counsel, and I agreed to pay him or provide him with
16 a retainer so that he could attend the board meeting
17 on November 6th. And I never considered him my
18 personal attorney, no. That's a misrepresentation.
19 BY MR. BUESING:
20 Q Would you have told people that?
21 A No, I would not have.
22 Q You would agree with me he's not a member of
23 Atheists of Florida, not a board member or a member?
24 A Agreed.
25 Q When was the last time you talked to
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1 Mr. Carey? I'm not asking what you talked to him about.
2 When was the last time you talked to him?
3 A Probably just about the time we changed
4 counsel to Mr. Porter.
5 Q And you're aware that Mr. Carey is now selling
6 golf memorabilia, has given up the practice of law?
7 A I was unaware of that.
8 It's nice that people get honest work, isn't
9 it, counselor? Present company excepted.
10 Q But it's your position board meetings are not
11 open to the public?
12 MR. PORTER: Object to the form. Asked and
13 answered.
14 THE WITNESS: I think I see something in the
15 bylaws that board members may invite nonmembers to
16 the board meetings, so I think there is not an
17 absolute restriction against nonmembers attending.
18 (Exhibit Number 1 was marked for
19 identification.)
20 BY MR. BUESING:
21 Q I'm going to be showing you some documents. A
22 lot of them are email strings, and you may know, I'm
23 sure, that sometimes on an email string you have to
24 start with the last page and sort of work your way up.
25 So, first, sir, I want to get you to look at
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1 the last three pages of Exhibit 1 where it looks like
2 there was an email from you to Gael Murphy on
3 December 20th, 2011. Do you see that, sir?
4 A Yes, I do.
5 Q Now, if I'm understanding the way you've done
6 this here, the part that starts out with, "We have never
7 kept any members from sitting in on any board meetings,"
8 that's your response to what she has above; correct?
9 A That's right.
10 Q And on the next page, I'd like you to look at
11 the fifth paragraph down. It starts with, "The board
12 did not hire Ryan Carey. I did. I'm not spending one
13 dime of the organization's funds to pay Carey, unlike
14 Wachs, who spent scores of thousands of dollars of our
15 funds on legal fees that accomplished absolutely nothing
16 with respect to state-church separation."
17 Do you see that?
18 A Uh-huh.
19 Q You wrote that; right?
20 A I did.
21 Q So does that refresh your recollection that
22 the board did not hire Ryan Carey, you did?
23 MR. PORTER: Object to the form. Misstates
24 his prior testimony.
25 THE WITNESS: Yeah. I'm referring to the
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1 expenditure of the organization's funds there,
2 indicating to her that I'm taking care of his fees
3 and not the organization's treasury.
4 BY MR. BUESING:
5 Q And at what point in time did that change,
6 where you've now used the treasury funds to pay for
7 legal fees?
8 A Probably the beginning of -- probably after we
9 changed from Ryan Carey to Gale Porter.
10 Q Did you inform the members that you had
11 changed how you were going to do this and you were now
12 going to use the organization's fees --
13 A No, I didn't.
14 Q -- to defend yourself in a defamation case?
15 A Say that again.
16 Q To defend yourself in a defamation case.
17 A Oh.
18 MR. PORTER: Object. It misstates the facts.
19 THE WITNESS: My thinking is that if we win
20 the case and recover our fees, then I don't need to
21 pay for the legal fees. So, my intention is to wait
22 until the whole issue is resolved, and then I can
23 always replace the funds that were spent on legal
24 fees.
25 BY MR. BUESING:
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1 Q So you're making a commitment to replace the
2 funds that were spent on legal fees should you not
3 prevail? Is that what I'm hearing?
4 MR. PORTER: Objection. Misstates his prior
5 testimony.
6 BY MR. BUESING:
7 Q You can answer.
8 A Not if we don't prevail, but if we don't
9 recover fees from the defendants.
10 Q Then you will personally replace the funds
11 taken from the treasury of AOF for the defense of these
12 consolidated lawsuits?
13 MR. PORTER: Objection. Misstates the prior
14 testimony.
15 MR. BUESING: I'm trying to understand what
16 his commitment is.
17 MR. PORTER: Ask him what his commitment is,
18 then.
19 BY MR. BUESING:
20 Q What is your commitment, sir?
21 A My commitment is to decide when all of this is
22 over what I want to do.
23 Q So your commitment is it's not a commitment;
24 right?
25 A At this point, that's correct.
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1 Q But at this point the treasury has been
2 drained?
3 A Essentially, yes.
4 Q So are you now -- since the treasury is
5 essentially drained, are you now picking up the fees
6 going forward?
7 A I donate whatever funds are necessary to keep
8 the organization's treasury solvent.
9 Q And just so I'm understanding, you were
10 providing the legal fees for Tracy Thomas, Nan Owens,
11 Steve Brown, Matt Cooper, Gloria Julius, Steve Miles,
12 James Peterson, and Wallace Rinehart as well; right?
13 A The organization is paying the legal fees for
14 all of those people. I donate whatever funds are
15 necessary to keep the organization solvent.
16 Q You state in Exhibit 1 that no member has ever
17 asked for the minutes?
18 A I don't see that, but I don't even bother to
19 look it up, because that's true.
20 (Exhibit Number 2 was marked for
21 identification.)
22 BY MR. BUESING:
23 Q I'm showing you Gollobith Exhibit 2, which is
24 an email from Bill Calhoun of December 4th, 2011. Do
25 you recall receiving this email?
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1 A Yes.
2 Q Would you agree with me that this is a request
3 to, among other things, review the minutes?
4 A Yes.
5 Q So when you wrote Gael Murphy on
6 December 20th, had you forgotten about this request?
7 A No.
8 Q Okay. Can you explain that?
9 A It's obvious to me this guy was put up to do
10 this by EllenBeth.
11 Q I thought any member could request the
12 minutes, even the members you don't like or don't agree
13 with can request them?
14 MR. PORTER: Objection. Objection. Misstates
15 his prior testimony in your prior question.
16 BY MR. BUESING:
17 Q You can answer.
18 A I could see what was going on. I knew this
19 guy was put up to doing this by EllenBeth so I stand by
20 my statement, because other than this, nobody had ever
21 asked for it, and this guy was only doing it on behalf
22 of EllenBeth Wachs to harass us. I mean, come on.
23 We're adults. We know what's going on.
24 Q So at this point, by December 4th, you weren't
25 going to do anything for anybody that was an EllenBeth
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1 supporter or a John Kieffer supporter?
2 MR. PORTER: Objection. Misstates his prior
3 testimony.
4 THE WITNESS: That's not true. It's my
5 understanding we answered the email, invited him to
6 come down to the office and provide him with any
7 documentation that he wanted to observe, and we
8 never heard back from him.
9 BY MR. BUESING:
10 Q Do you recall refusing to allow him to make
11 copies?
12 A I consulted with our counsel at the time and
13 asked him how to handle it, and I think either he
14 responded or explained to me how to respond, and I
15 followed his advice.
16 And I think that was what he said, we won't
17 make copies but he could come down and inspect anything
18 that he wanted.
19 As I recall, we interpreted this as an effort
20 by your client to obtain possession of our database and
21 our membership list, and we were not prepared to give
22 that to her. Which would kind of explain why the guy
23 never showed up, wouldn't it?
24 Q Fair to say it's open warfare by December 6th?
25 MR. PORTER: Object to the form. Misstates
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1 his prior testimony.
2 THE WITNESS: Well, I think nobody was
3 planning to exchange gunfire so I don't know if I'd
4 go quite that far.
5 BY MR. BUESING:
6 Q Well, didn't you threaten at one point in
7 writing to break a chair over EllenBeth Wachs' head?
8 A Never.
9 Q You never in writing said that?
10 A Never.
11 Q You're under oath, sir.
12 A Never.
13 Q Are you sure you never did?
14 A Asked and answered. Move on.
15 (Exhibit Number 3 was marked for
16 identification.)
17 BY MR. BUESING:
18 Q Let me show you what I've marked as Gollobith
19 Exhibit Number 3. Do you recognize this as your email
20 of Monday, December 5th, 2011, in which you state that
21 you will not allow anyone to take items or make copies?
22 MR. PORTER: Do you have a copy for me, Bob?
23 MR. BUESING: Sorry.
24 MR. PORTER: Thank you.
25 MR. BUESING: We're kind of swimming in paper
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1 in this case.
2 THE WITNESS: This looks familiar. As you can
3 see, it indicates that I turned the matter over to
4 our legal counsel.
5 BY MR. BUESING:
6 Q But it's an email from you, correct, sir?
7 A Right. We never got any response.
8 Apparently, he lost interest.
9 Q Did you want to make sure these documents did
10 not get out before your injunction hearing?
11 A We keep our mailing list private. It's a
12 commitment we make to our members. He was asking for
13 the mailing list, as I recall, and we refused to give it
14 to him, but we were certainly willing to let him come in
15 and inspect it, and he never followed up on his request.
16 Q Was Gael Murphy, by early 2012, a member of
17 your board?
18 A Yes.
19 Q On what basis, sir, would you issue for some
20 board members a redacted set of minutes and for other
21 board members a complete set of minutes?
22 A On the basis that it was obvious that Gael
23 Murphy's involvement with the board was merely to
24 forward every document that we produced to somebody that
25 we are involved in litigation with. That's the only
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1 reason she was on that board, and it was clear to
2 everybody.
3 Q It's clear to everyone who was in -- what did
4 you call it before? Not a conspiracy. You called it a
5 collaboration -- all the people who are together in your
6 collaboration, but in order to make everybody agree with
7 your collaboration, you had to end up just removing as
8 many of these other board members as possible; right?
9 MR. PORTER: Object to the form. It misstates
10 his prior testimony.
11 THE WITNESS: I didn't have the power to
12 remove any board member. That's a decision of the
13 entire board. Or they can be expelled if the
14 procedures outlined in the bylaws are followed.
15 BY MR. BUESING:
16 Q How many board members ultimately were
17 expelled?
18 A Four.
19 Q Who?
20 A EllenBeth Wachs, John Kieffer, Rob Curry, and
21 Gael Murphy.
22 Q And how many other board members just resigned
23 or walked away or got out of this mess?
24 MR. PORTER: Objection. Ambiguous.
25 THE WITNESS: I think four, approximately,
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1 following the January 2012 board meeting. That may
2 have been February. I'm not sure.
3 For the sake of discussion, we'll call it the
4 January. I think though it was February that we had
5 that first board meeting.
6 BY MR. BUESING:
7 Q Which of the four board members voluntarily
8 left?
9 A Jessica Parish, David Williamson, I think
10 David Nichols, and I think Lauren Podolak were four.
11 Q And in these documents, did you ever use the
12 term "purge"? It's necessary to purge the people who
13 didn't agree with you.
14 A I don't recall using that term, because we
15 didn't remove those people. They sent in resignations.
16 Q Was Dave Nichols told to resign or asked to
17 resign or told if he didn't resign he was going to go
18 through the process for removal?
19 A Not by me.
20 MR. PORTER: Objection. Lack foundation.
21 THE WITNESS: Not by me. I welcomed him on
22 the board.
23 BY MR. BUESING:
24 Q Were they removed as chapter directors?
25 A Not by me. I welcomed their participation.
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1 Q You simply removed the chapters entirely?
2 MR. PORTER: Object to the form.
3 THE WITNESS: I've never done that.
4 Williamson moved to Orlando. Jessica Parish
5 claimed that she was too busy with her employment to
6 be involved anymore. And I don't recall the details
7 why Nicholson and Podolak left. I don't know that
8 they ever sent in any particular reason in writing.
9 (Exhibit Number 4 was marked for
10 identification.)
11 BY MR. BUESING:
12 Q I'm showing you Exhibit 4. Can you identify
13 it for the record, starting at the middle of the first
14 page, your email to Judy Adkins and Mr. Peterson?
15 A Yes.
16 Q And you've created an official version of the
17 minutes which you had sent to Gloria for distribution to
18 the rest of the board and a second version is the
19 redacted version you intend to send to Gael Murphy?
20 MR. PORTER: Object to the form. Lack of
21 foundation.
22 BY MR. BUESING:
23 Q Am I understanding your email correctly, sir?
24 A I think so, yes. I'm sorry. I wasn't looking
25 at it. But, yeah, that's right.
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1 Q This is what you sent to a board member?
2 A Yes. Aren't you going to ask why?
3 Q I think "why" is pretty obvious, sir.
4 A Well, what was obvious to us was Gael Murphy
5 was only serving on the board to essentially spy on what
6 the organization was doing, send everything she could to
7 your client, who we were engaged in litigation.
8 This woman had never lifted a finger for the
9 organization. She had never donated any money. She
10 never helped out in any way. Now she wanted to be on
11 the board. It was obvious to all of us why. We were
12 trying to get a responsible production of documentation
13 of our expenses, the expenses we had provided for your
14 client and all we ever got was redacted documentation.
15 Q So because of that, you thought it was
16 appropriate to redact minutes for a board meeting; is
17 that your testimony, sir?
18 A That's right. She could have come to the
19 meeting but didn't.
20 Q If a representative of the membership, such as
21 a board member, a former board member, disagrees with
22 other board members, isn't it the right of that board
23 member to communicate with members?
24 MR. PORTER: Objection. Calls for
25 speculation, and it's ambiguous.
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1 THE WITNESS: The answer is yes.
2 BY MR. BUESING:
3 Q Aren't the board members there to represent
4 the membership?
5 MR. PORTER: Objection. Ambiguous.
6 THE WITNESS: I think that's a fair statement,
7 yes.
8 BY MR. BUESING:
9 Q Not necessarily supporting your specific
10 agenda but supporting what that board member honestly
11 believes is in the best interest of the membership;
12 right?
13 MR. PORTER: Objection. Speculative.
14 THE WITNESS: Yes. Yes.
15 MR. PORTER: Stop answering the question until
16 I get a chance to object, please.
17 BY MR. BUESING:
18 Q Was this -- strike that.
19 Did there come a time when you instructed the
20 board that you did not consider Ms. Murphy a legitimate
21 member of the board?
22 A I don't recall ever saying that. Ms. Murphy
23 stopped attending the board meetings.
24 Q Well, she wasn't welcome, was she?
25 MR. PORTER: Object to the form. Lack of
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1 foundation.
2 THE WITNESS: We all understood why she was
3 there.
4 BY MR. BUESING:
5 Q And you wanted her to resign, didn't you?
6 A I wanted her to see that we were trying to run
7 a legitimate organization and she seemed only to be
8 there to communicate everything we were doing to
9 somebody we were engaged in litigation with.
10 (Exhibit Number 5 was marked for
11 identification.)
12 BY MR. BUESING:
13 Q Let me show you what's been marked as
14 Exhibit 5. Starting at the second to the third page,
15 you recognize this as your email?
16 A Well, I don't remember this at all.
17 Q If you start at the last two paragraphs, sir.
18 It starts out, "Now for the issue of board member Gael
19 Murphy..." Do you see that, sir?
20 A Yes.
21 Q At the end of that paragraph, "Today I will
22 send her a letter asking her to confirm the fact that
23 she does not consider herself a legitimate member of the
24 board and accept her resignation. Pending resolution of
25 that issue, I have not included her in any board
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1 activities."
2 Do you see that?
3 A Yes.
4 Q So with her unresigned, you intentionally did
5 not copy her on board activity emails?
6 A My understanding was, if she considered her
7 election to the board illegitimate, she didn't want to
8 participate in it. Her words, not mine.
9 Q And you see her email back to you on
10 March 24th, starting at the bottom of the first page
11 where she says, "I have not resigned."
12 A This first page here?
13 Q The bottom of the first page to the top of the
14 second page. That's her email back to you.
15 A I see it.
16 Q Where she says she's become a victim of
17 retaliation by Ed Gollobith and by fellow board members
18 voted to ostracize me because of my election report?
19 MR. PORTER: Object to the form of the
20 question.
21 THE WITNESS: Yes, I see it.
22 BY MR. BUESING:
23 Q Did that ever get forwarded to you?
24 A I think I recall receiving it, yes.
25 Q In fact, at the top of the first page you'll
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1 see Gael Murphy sent an email to David Williamson, a
2 copy to edgollystudio that carries this whole string?
3 A Right.
4 Q Did you ever actually send her a letter
5 notifying her that she had to do something in ten days
6 or she would no longer be a board member?
7 A I think I did.
8 Q Do you know why that was not in your initial
9 production of documents?
10 A better way to ask it is, is it coming in the
11 second batch that's coming next week?
12 A I may not have gotten a copy of the letter. I
13 probably just printed it out and mailed it back to her.
14 I had no electronic copy of it, and I don't remember
15 seeing anything like that in the minutes.
16 Q Well, when you did your response to
17 production -- to request for production of documents,
18 did you make an effort to go through your computer and
19 see what letters might have been in your memory -- in
20 your computer memory, such as that one?
21 A You know what? I think I focused so much on
22 emails that I didn't remember really storing any letters
23 like that, but I may not have.
24 Q Well, since you're in the process of updating
25 your document production, can I ask you to see if you
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1 can locate that?
2 A Yes, I will.
3 Q Now, Ms. Murphy was a board member by virtue
4 of being a chapter director?
5 A No. She was elected on the board in the
6 election that was conducted following the -- what we'll
7 call the Wachs election.
8 Q And so she was elected by the members?
9 A That's right.
10 Q Your bylaws do not give the board discretion
11 to remove another board member for any reason at all or
12 no reason at all. Doesn't it have very specific
13 criteria that has to be in place?
14 MR. PORTER: Objection. Argumentative.
15 THE WITNESS: There is a policy in place
16 for -- check that. That's not correct. Let's see.
17 Officers can be -- board members -- I would say, if
18 you're just limiting it to board members then, yes,
19 we have to follow the policy outlined in the bylaws.
20 BY MR. BUESING:
21 Q And that policy requires either a
22 misrepresentation -- excuse me -- a misappropriation of
23 funds or -- I can't remember the exact phrase, but some
24 type of -- bringing the organization disrepute of some
25 kind?
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1 MR. PORTER: Object to the form. Misstates
2 the prior testimony.
3 THE WITNESS: I need to look at the bylaws to
4 be sure whether that applies only to officers or to
5 any board member.
6 BY MR. BUESING:
7 Q Do you have any basis on which you thought
8 Gael Murphy was misappropriating funds or was engaged in
9 some type of activity that was discrediting the
10 organization?
11 A Gael Murphy was accusing us without
12 specificity of illegal activities being conducted at our
13 board meetings.
14 Q What illegal activity was she accusing you of?
15 A As I said, there was no specificity. In other
16 words, she just said you people are doing things that
17 are illegal, and I don't want to be a part of it anymore
18 because I don't want to be, apparently, implicated of
19 some illegal activity. But she never explained what she
20 thought we were doing that was illegal.
21 We have a policy that states that if a board
22 member misses two meetings, they are off the board. She
23 quit showing up, and then a submission for expulsion was
24 received by me so she was ultimately expelled.
25 Q When did that occur?
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1 A Sometime in 2012, I would estimate. Sometime
2 through the middle of the year.
3 Q You certainly wanted to get her off the board,
4 didn't you?
5 A I would say that I was -- I felt that she was
6 there for the sole purpose of trying to help destroy the
7 organization that I spent 20 years trying to keep the
8 organization going. I would not welcome a person like
9 that on the board.
10 Q Well, did you communicate with Jim Peterson
11 how to remove Gael Murphy from the board?
12 A I may have. I know there was a lot of
13 communication between board members about her
14 involvement on the board. And I can provide you with
15 the date now, which is in March of 2013, when she was
16 expelled. That was off by almost a year.
17 Q And you're glancing through what documents
18 there, sir?
19 A The record of the minutes and the actions of
20 the organization.
21 (Exhibit Number 6 was marked for
22 identification.)
23 BY MR. BUESING:
24 Q Let me show you what I've marked as Gollobith
25 Exhibit 6. It's an email from James Peterson to you on
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1 April 5th, 2012, and also your email to some but not all
2 of the board members on April 4th, 2012. Do you recall
3 receiving this email from Mr. Peterson?
4 A No. I don't recall this email.
5 Q Do you deny sending it or receiving it?
6 A No, neither deny or acknowledge it.
7 Q And seeing this now does not refresh your
8 recollection?
9 A No, but for the purpose of discussion, I'm
10 willing to acknowledge it probably is my email.
11 Do you have any question about it?
12 Q Oh, yeah.
13 A Okay.
14 Q But do you need a moment to read through it to
15 bring your memory back on this?
16 A I remember all these events happening.
17 Q You're talking about the events described on
18 that page 2 of this exhibit?
19 A Right.
20 Q And if you look at the first page, you'll see
21 Mr. Peterson had a response on the Gael Murphy front,
22 that in his view the only thing we can do with a
23 dissident board member is outvote them?
24 A I see that.
25 Q So was he counseling you to just leave her on
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1 the board?
2 MR. PORTER: Object to the form. It calls for
3 speculation. And it's just improper
4 cross-examination. I understand it's a deposition.
5 THE WITNESS: What I can tell you,
6 Mr. Buesing, is there was a lot of dissatisfaction
7 with Ms. Murphy's participation in the board. It
8 seemed apparent to all of us that her sole purpose
9 in being a member of the board was to help destroy
10 the organization. It should come as no surprise
11 that the board members would be dissatisfied with
12 her participation on the board under those
13 circumstances.
14 BY MR. BUESING:
15 Q But my question, sir, was, did Mr. Peterson
16 advise you that there are restrictions on how to remove
17 a dissident board member, and the only thing we can do
18 is outvote them?
19 MR. PORTER: Objection. Asked and answered.
20 THE WITNESS: It appears from this email that
21 that was his position.
22 (Mr. Marks entered the room.)
23 MR. PORTER: Bob, I hope that at the end of
24 the two days, you are done, because, otherwise, I'm
25 going to file a motion for protective order to limit
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1 the amount of time you spend cross-examining a
2 witness with somebody else's statement. It's just a
3 waste of time. Okay? But I understand this is how
4 you are going to go about it, it's your choice, but
5 at some point if you ask for more than two days,
6 we're going to object.
7 MR. BUESING: All I can say is this particular
8 client of yours -- and I know you have so many --
9 but this particular client of yours is the focal
10 point-person in this whole deal. He's inserted
11 himself right smack dab in the middle of it, and you
12 can expect that his deposition will take a while.
13 MR. PORTER: That's fine. And I'm just trying
14 to --
15 MR. BUESING: And it didn't help that your
16 client didn't produce his documents so we are going
17 to have more documents next week.
18 MR. PORTER: I understand that, too. Fair
19 enough.
20 (Exhibit Number 7 was marked for
21 identification.)
22 BY MR. BUESING:
23 Q Let me show you Exhibit 7. It appears to be
24 your email, April 6, 2012. First, can you identify this
25 exhibit for the record?
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1 A I think I recall producing this email.
2 Q It looks like you were a little frustrated and
3 vented on this one a bit. Would that be fair?
4 MR. PORTER: Objection. Speculation.
5 THE WITNESS: Well, it was obvious that
6 Murphy's emails to us were all being written by your
7 client, and it was just -- it was just being done to
8 stir up trouble, so I attempted to clarify the
9 situation for Ms. Murphy.
10 BY MR. BUESING:
11 Q Did you continue, during this time period, to
12 exclude certain board members from getting all the board
13 information?
14 MR. PORTER: Objection. Lack of foundation.
15 THE WITNESS: Not that I recall.
16 BY MR. BUESING:
17 Q Because I think earlier we had gone through
18 some documents where you sent information to other
19 members of the board but not to this member of the
20 board. Did you continue to do that after April 6th?
21 A I can't remember every email that I sent. I
22 probably could have. Yeah, I may have.
23 Because as I've stated earlier, it was obvious
24 her sole intent in being on the board is to help your
25 client destroy our organization. She clearly had no
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1 interest in helping advance the agenda of the
2 organization, only to destroy it.
3 (Exhibit Number 8 was marked for
4 identification.)
5 BY MR. BUESING:
6 Q Let me show you, Mr. Gollobith, Exhibit 8.
7 And you see at the bottom portion of the first page, you
8 are sending something out to the board members, and
9 would you agree with me you did not include Gael Murphy?
10 A I would agree.
11 Q Now, a few moments ago you said she was
12 expelled in 2013. Okay. This is a year later. So this
13 is when she finally got expelled, in 2013?
14 A This is a month after the expulsion, yes.
15 Q Was there an expulsion hearing of some kind?
16 A The standard procedures outlined in the bylaws
17 were implemented for her expulsion. I received a
18 complaint about her, I found two other board members to
19 review the complaint with me, and we voted to expel her
20 based on the contents of the complaint. She was duly
21 notified. She never appealed her expulsion.
22 Q And you said she was duly notified. Do you
23 have any documents to that effect? Is that something
24 that will come next week? Because I've not seen it,
25 sir.
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1 A Well, I would have notified her by mail --
2 by U.S. mail, as opposed to email, so if there's a
3 letter that I didn't find in there, I'll find it for you
4 and send it to you.
5 Q Okay.
6 A I just can't be sure I kept copies of things
7 that were mailed out, but I'll certainly look.
8 Q I would appreciate it if you would do that,
9 sir.
10 Do you have a copy of her expulsion complaint?
11 A I do.
12 Q You handed me an April 10, 2013, letter. I'm
13 talking about the complaint that described her supposed
14 violation.
15 A I have that, and I'll produce that for you
16 with all the minutes from the beginning of the board and
17 all the action that was taken between that.
18 Q Okay.
19 A So your answer is, I have it and I'll produce
20 it.
21 MR. BUESING: Okay. It's 2:15. Why don't we
22 take a quick comfort break.
23 (Recess taken from 2:16 p.m. to 2:36 p.m.)
24 BY MR. BUESING:
25 Q All right. Mr. Gollobith, I'm going to take
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1 you back to June 2011 and the conversation with Matt
2 Cooper, which was previously marked as Exhibit 1 in Matt
3 Cooper's deposition. I know we talked a little bit
4 about it this morning, but I want to see if I've got the
5 timeline right.
6 First, can you identify Cooper Exhibit 1 as
7 your email, Monday, June 27th, 2011?
8 A It appears to be, yeah.
9 Q And does this help us put a date on when you
10 had this discussion with Matt Cooper about his concerns
11 on the lawsuits?
12 MR. PORTER: Objection. Lack of foundation.
13 THE WITNESS: Sorry. A date on what now?
14 BY MR. BUESING:
15 Q When Matt Cooper and you sat and talked about
16 his concerns.
17 A Oh. All right.
18 MR. PORTER: Can I ask you a question about
19 this? There's a big gap here. It says from Ed to
20 Gloria, and then it's got Ed, so it doesn't make
21 sense.
22 Can you tell us anything more about where this
23 document came from so we can maybe understand it?
24 Normally, if it's from him, it would start
25 with Ed and end with Glo. It doesn't appear to be
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1 an original, in its original format. It looks like
2 it was reconstructed.
3 MR. BUESING: That's the way we got it.
4 MS. WACHS: It is.
5 MR. Porter: You got it from us?
6 MS. WACHS: Yes. This is the way your client
7 submitted his documents, in a PDF format.
8 Would you like to see it? We can pull it up.
9 MR. PORTER: I just want that question
10 answered because I remember a Word doc somewhere.
11 BY MR. BUESING:
12 Q Mr. Gollobith, you do recall this email;
13 correct?
14 MR. PORTER: Objection to the form. It's more
15 than one email.
16 MS. WACHS: This is how --
17 MR. BUESING: Let's start -- don't.
18 BY MR. BUESING:
19 Q Let's start with the "Hi Gloria" part "after
20 the board meeting yesterday..."
21 That's you writing an email to Gloria; right?
22 A That's me responding to her email to me.
23 Q Where she said, "Ed, you have to do
24 something"?
25 A That's right, yes.
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1 Q On the top of the second page, you say,
2 "EllenBeth may very well be attempting to shape the
3 board to her designs. I don't know, but I and the
4 majority of the board members voted against her efforts
5 to do so. I feel that the members should democratically
6 decide who serves on the board, instead of the officers
7 and board members, because that is one of the
8 fundamental founding principles of Atheists of Florida."
9 Do you see that?
10 A Yes.
11 Q That is one of the fundamental founding
12 principles? It's a member-driven organization?
13 A Agreed.
14 MR. PORTER: Object to the form.
15 What was that, 9?
16 MR. BUESING: That was Cooper Exhibit Number 1
17 of the -- that's a copy of a deposition exhibit that
18 was used as Cooper Exhibit Number 1.
19 MR. PORTER: Aren't you going to rename it for
20 this depo?
21 MR. BUESING: I can if you want.
22 MR. PORTER: It's up to you.
23 MR. BUESING: It's the same document.
24 (Exhibit Number 9 was marked for
25 identification.)
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1 BY MR. BUESING:
2 Q Let me show you next Exhibit 9 to your
3 deposition. And this is to Steve, Joe, and Nan. Would
4 that be Joe Reinhardt, Steve Brown, and Nan Owens?
5 A That's correct.
6 Q If you want to include Matt, that would be
7 Matt Cooper?
8 A That's right.
9 Q And this is part of that collaboration thing
10 that you were talking about earlier?
11 MR. PORTER: Object to the form. Lack of
12 foundation.
13 THE WITNESS: Yeah. This was when we were
14 setting up a meeting to discuss the construction of
15 the financial oversight committee, the way I
16 remember it, and I think that probably Steve was --
17 had instigated that. Steve Brown, and Gloria Julius
18 was obviously interested in it, and so we were
19 trying to find a place and time to get together to
20 meet to talk about it.
21 BY MR. BUESING:
22 Q And that would be at Joe Reinhardt's house?
23 A That was the suggestion in the email, yes.
24 Q Did that occur at his house?
25 A I recall that it eventually happened at Steve
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1 Brown's place.
2 Q In Sarasota?
3 A St. Petersburg.
4 Q And was Joe Reinhardt involved?
5 A I think he was not. I think it was just the
6 four of us that are named in that email without
7 Reinhardt.
8 Q Ultimately, there was more than one meeting;
9 correct --
10 MR. PORTER: Object to the form.
11 BY MR. BUESING:
12 Q -- of this group?
13 MR. PORTER: Ambiguous.
14 THE WITNESS: The only one I remember was at
15 Brown's place where we all sat down at a table and
16 discussed this, and it seems to me that all other
17 communications would have been done probably by
18 telephone or email.
19 BY MR. BUESING:
20 Q You mean by "telephone," a conference call?
21 A No, just individual board members talking to
22 other board members.
23 Q At any time did you meet at Mr. Reinhardt's
24 house?
25 A I've met there for an expulsion meeting, but I
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1 can't remember if we did or not about this oversight
2 committee. We may have, but I don't remember it. Maybe
3 you have something there that will refresh my memory.
4 MR. BUESING: Let me next mark Gollobith 10.
5 (Exhibit Number 10 was marked for
6 identification.)
7 BY MR. BUESING:
8 Q This email for some reason doesn't have a "to"
9 line to it. Do you remember who received this email?
10 MR. PORTER: Object to the form. Lack of
11 foundation.
12 THE WITNESS: I don't remember it
13 specifically, but it sure looks like something that
14 I wrote.
15 BY MR. BUESING:
16 Q And this was again an effort to get these
17 people together to talk about the oversight committee?
18 A I think it was.
19 Q Was this sent to Mr. Reinhardt?
20 A It might not have, because he was often out of
21 town for long periods of time, and it appears that he
22 was at this time. And so whoever wanted to get that
23 meeting assembled probably didn't want to wait for him
24 to get back and so we went ahead and met without him at
25 Brown's place. That probably explains how that came
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1 about.
2 (Exhibit Number 11 was marked for
3 identification.)
4 BY MR. BUESING:
5 Q I'm showing Gollobith Exhibit 11 to you, which
6 is an email to you from Steve Brown. Do you recall
7 receiving this email?
8 A Not specifically, but I would be willing to
9 concede that I did.
10 MR. PORTER: Be specific. Be specific, if you
11 would.
12 I'm asking him to be specific.
13 These are three emails, Bob.
14 BY MR. BUESING:
15 Q Do you recall receiving the one on the first
16 page of Exhibit 11 from Steve Brown?
17 A There was nothing memorable about it so I
18 don't remember it. No, I don't remember reading this
19 before.
20 Q Now, why were you not including other board
21 members in this discussion?
22 MR. PORTER: Object to the form. Lack of
23 foundation.
24 THE WITNESS: Steve and Matt were setting up
25 the meeting and I can only speculate that they
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1 probably wanted a smaller group, because they felt
2 it would be more productive to --
3 BY MR. BUESING:
4 Q I'm sorry. Go ahead.
5 A -- to put something together for the whole
6 board to evaluate.
7 Q You didn't think including the president or
8 the vice president, your key officers, would be
9 appropriate?
10 A Under the circumstances, no.
11 Q What do you mean "the circumstances"?
12 A The circumstances were the oversight committee
13 was being conceived as a way to prevent them from
14 spending all our treasury.
15 Q So fair to say as of June 30 there's a lack of
16 trust in your judgment?
17 A By some of the board members, yes. That's
18 what instigated the concept of an oversight committee.
19 Q But you didn't want them to know this was
20 being discussed?
21 MR. PORTER: Objection. Misstates his prior
22 testimony.
23 THE WITNESS: I was not the person that was
24 really behind setting up this meeting. I was simply
25 agreeing to come and help them work on the
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1 construction of the committee.
2 BY MR. BUESING:
3 Q Now, do you remember that the meeting at
4 Mr. Brown's house was on the first week of July 2011?
5 A I only remember that we had a meeting there.
6 I don't remember the specific date.
7 Q Was there a distribution of the minutes for
8 the June 26th, 2011, meeting that occurred to these
9 folks on this committee sooner than the rest of the
10 board? And if so, why?
11 A I don't know of any reason there would have
12 been, and I don't recall doing that.
13 Q Would you agree with me that would be
14 inappropriate to give some board members the minutes
15 sooner than other board members?
16 A Not necessarily. After all, we supplied
17 redacted board minutes to one of our board members.
18 Q Were the people who were involved in this
19 collaboration, as you've called it, were these people
20 who've been on the board a long, long time?
21 MR. PORTER: Objection. Misstates his prior
22 testimony.
23 THE WITNESS: Yes. All of them had been on
24 the board a long time. Probably the person on there
25 with the least amount of time would have been
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1 Mr. Cooper.
2 BY MR. BUESING:
3 Q Can I fairly use the term "old guard" for
4 these folks?
5 A I think that would be acceptable.
6 Q Who decided who would be on this
7 collaboration?
8 MR. PORTER: Objection to the form. Lack of
9 foundation. Misstates his prior testimony.
10 THE WITNESS: It was either Matt Cooper or
11 Steve Brown.
12 BY MR. BUESING:
13 Q Now, can you give us your best recollection of
14 what was discussed at that meeting at Steve Brown's
15 house?
16 A What was discussed was how to construct an
17 oversight committee. I would presume that the
18 foundation for doing that had already been previously
19 discussed, which was what led to the meeting, and then
20 how to amend the bylaws. Probably there was some effort
21 to draft up the amendment, including the oversight
22 committee, that we would then present to the board and
23 try to get approved.
24 Q And was there anything discussed at that
25 meeting about -- concern about EllenBeth Wachs reshaping
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1 the board to her liking?
2 A I don't remember discussing that at that
3 meeting.
4 Q I think you said something along that line in
5 your June 27 email, that she may be attempting to shape
6 the board to her designs?
7 MR. PORTER: Objection. That's Gloria
8 Julius's statement.
9 MR. BUESING: No, it's your client's
10 statement, counsel.
11 MR. PORTER: What exhibit?
12 MR. BUESING: I'm confusing you. You have so
13 many clients. It's hard to know which --
14 MR. PORTER: What exhibit is that you're
15 quoting from?
16 MR. BUESING: This one, Cooper Number 1, top
17 sentence on the second page.
18 THE WITNESS: All right. I'm saying in that
19 sentence I don't know if she's doing it or not, so
20 it appears to me that somebody had suggested it, and
21 I'm not satisfied at this point that that's actually
22 what she's trying to do.
23 BY MR. BUESING:
24 Q That somebody would be Mr. Cooper?
25 A Oh, I would say probably. That doesn't mean
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1 other board members didn't also agree with him.
2 Q My question relates to the meeting at
3 Mr. Brown's house, which I believe takes place
4 subsequent to that email we just read from. Was that
5 also a topic of discussion?
6 MR. PORTER: Objection. Asked and answered.
7 THE WITNESS: Yeah, I don't recall it coming
8 up. If it was, it was a minor part of the meeting.
9 (Exhibit Number 12 was marked for
10 identification.)
11 BY MR. BUESING:
12 Q Okay. Let me show you Gollobith Exhibit 12,
13 which I guess, at the bottom of the first page, is an
14 email from Matt Cooper to you from July 6th.
15 Can you tell me why subsequent to the meeting
16 at Mr. Brown's house you're now talking about elections
17 for the board?
18 MR. PORTER: Objection. Calls for
19 speculation. Improper foundation. I see an email
20 here from Matt Cooper, one to Ed Golly. I don't see
21 any from Ed Golly.
22 THE WITNESS: So what -- you're asking me why
23 was there discussion about the election?
24 MR. BUESING: Yes, sir.
25 THE WITNESS: I can only speculate that Cooper
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1 was concerned about some aspect of the upcoming
2 election.
3 BY MR. BUESING:
4 Q He wanted to actually change the rules?
5 MR. PORTER: Objection. Calls for
6 speculation.
7 THE WITNESS: I don't remember him wanting to
8 change any rules for the election process. I can
9 tell you I remember that Matt took an interest in
10 the bylaws and sometimes questioned things that were
11 in there because they may have been a little bit
12 vague to him, and he seemed to want to probably
13 change the bylaws to clarify some issues that he
14 thought needed to be really addressed and -- fully
15 addressed and define in the bylaws.
16 BY MR. BUESING:
17 Q In fact, he expressed concern to you that he
18 thought the bylaws were unclear or need to be changed;
19 correct?
20 MR. PORTER: Objection. Misstates the
21 document.
22 THE WITNESS: Yeah, he had expressed several
23 times some issues he had with the bylaws that he
24 felt need to be clarified.
25 BY MR. BUESING:
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1 Q And can you recall those issues?
2 A One that I remember was the process that we
3 had adopted for removing officers or -- sorry -- members
4 where it specified that the president would select two
5 other board members at random, and he was concerned that
6 the term "random" wasn't defined. So those were the
7 types of issues.
8 Q Anything else you can remember specifically?
9 A Not specifically, no. I do remember he did
10 see things in there that he felt needed clarification
11 and rewriting.
12 Q Well, he makes the reference here, apparently,
13 to email bylaw changes being impractical. Was that one
14 of his concerns?
15 A I see that. Oh.
16 MR. PORTER: Objection. Calls for
17 speculation.
18 THE WITNESS: Well, yes, and he's right. It's
19 impractical to try to conduct something like that by
20 email.
21 BY MR. BUESING:
22 Q Do you recall that that issue about removing
23 the members came up when there was an effort to remove
24 Gloria Julius or a concern raised about whether the
25 procedure was fair as set out in the bylaws?
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1 A I don't recall any effort ever being made to
2 remove her. I don't recall any complaint ever being
3 filed against her or submitted to any of the officers.
4 Q You don't remember Mr. Cooper being on one of
5 those committees to review whether somebody should be
6 removed?
7 MR. PORTER: Objection. Argumentative.
8 BY MR. BUESING:
9 Q It's just a question.
10 A No, I don't.
11 Q So the first email, this Exhibit 12, is
12 apparently Matt Cooper forwarding up to you in North
13 Carolina the old bylaws and the current minutes so you'd
14 have those handy. Do you see that in the very first
15 sentence?
16 A Yes.
17 Q And then he asks to talk to you about it by
18 telephone. Did that occur?
19 A Probably.
20 Q Now, the very last document of Exhibit 12 is a
21 chart, which I think in the attachment is described as
22 "Legal SS Confidential to Ed Golly from Matt Cooper."
23 Can you turn to the last page of Exhibit 12,
24 please?
25 A I'm there.
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1 Q And what's the source of his information for
2 this chart, do you know?
3 MR. PORTER: Objection. Lack of foundation.
4 THE WITNESS: He was familiar with each of the
5 lawsuits and criminal charges.
6 BY MR. BUESING:
7 Q How would he get familiar with those?
8 MR. PORTER: Objection. Calls for
9 speculation.
10 THE WITNESS: Sure, the whole board knew about
11 it. Every time any of this stuff happened, it was
12 trumpeted to the whole board and the membership.
13 BY MR. BUESING:
14 Q Okay. And then the heading "Lawyer Cost to
15 Date," where did he get that information?
16 MR. PORTER: Objection. Calls for
17 speculation.
18 THE WITNESS: I don't know if he just got that
19 from the treasurer or we had been compiling that to
20 insert it in the budget at the July board meeting or
21 if we had the meeting just before that. But these
22 figures were no secret to any of the board members.
23 BY MR. BUESING:
24 Q And when it says something like $3,500 Kieffer
25 or $5,000 Kieffer, this would be a personal payment by
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1 Mr. Kieffer?
2 MR. PORTER: Objection. Lack of foundation.
3 BY MR. BUESING:
4 Q Is that what you understood, sir?
5 A That's right. Here it is. It came from the
6 June 26th board meeting, where all of those expenses
7 were discussed in front of the board.
8 Q And you've turned to the budget page of the
9 minutes, which is --
10 A That's it.
11 Q -- page 3 of the minutes in Exhibit 12, and it
12 shows on the budget a total of some $71,299.27 for legal
13 expenses in the budget; correct?
14 A That's right.
15 Q Of which 32,500 was paid by AOF and 8,500 is
16 paid by John Kieffer. Am I reading that correctly?
17 A It appears that 42,500 had been paid by AOF.
18 Q Right. And then there were some invoices that
19 were, I guess, still outstanding and were waiting to be
20 paid, like the Arakofsky (sp.)-Lakeland lawsuit?
21 A That's right.
22 Q Just so we're all clear, in this lawsuit
23 there's no claim of misappropriation or civil theft with
24 respect to money that the board expressly was aware of
25 and authorized payment for?
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1 MR. PORTER: I'm going to object and instruct
2 him not to answer that. I'm the one who asserted
3 the pleadings. If you want to ask him about these
4 particular entries, that's one thing, but asking
5 generally what our claims are, that's work product
6 privilege.
7 MR. BUESING: Well, I guess --
8 MR. PORTER: You are trying to take a detail,
9 and then get him to answer a generic. If you want
10 to ask him about the details, that's fine.
11 BY MR. BUESING:
12 Q Well, are you contending that my client stole
13 $3,500 for Nick Ficarotta from AOF?
14 A No.
15 Q Are you contending she stole $20,299.27 for
16 Eric Busby in the Lakeland lawsuit?
17 A No.
18 Q Are you contending that my client stole
19 $22,500 -- pardon me -- $17,500 for John Ligouri?
20 A No.
21 Q Are you contending that my client stole 25,000
22 from AOF for Attorney Larry Walters?
23 A Bingo, you got it.
24 She didn't steal the money, but that's the
25 money she's never accounted for so we've never been able
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1 to see how it was spent. And contrary to your
2 contention, if she had nothing to hide, we've never been
3 able to see the documentation of those expenditures. We
4 feel that since we provided the funds, we have every
5 right to see it.
6 Q Let's be precise here to counsel's point. You
7 have seen redacted versions of those invoices; correct?
8 A Yes.
9 Q It had all the monetary entries on the side;
10 it did not have some of the body about what the lawyer
11 did. Correct?
12 A That's right.
13 Q And you were advised because it could reflect
14 attorney-client communications between the lawyer and
15 the client, EllenBeth Wachs, and that AOF was not the
16 client?
17 A Walters offered no explanation when he
18 submitted the invoices of why he redacted anything.
19 What you may be referring to is my statement
20 that was the explanation originally offered to me by
21 your client about why we could not see those documents
22 originally.
23 Q Well, this issue went before a judge, did it
24 not?
25 A Not the invoice issue, not the financial
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1 accountability issue, no, sir.
2 Q This didn't go in front of a judge with
3 respect to the subpoena that was issued to Larry
4 Walters' office as to what exactly he had to produce?
5 A Actually --
6 MS. WACHS: Judge Baumann.
7 BY MR. BUESING:
8 Q Judge Baumann?
9 A Yes. It did, yes. Yes.
10 Q Remember being in front of Judge Baumann on
11 this?
12 A I do.
13 Q Was Judge Baumann given an opportunity to ask
14 for what we lawyers call an in-camera review where he
15 can look at the unredacted version?
16 A He did provide us with that opportunity, yes.
17 MR. PORTER: No.
18 BY MR. BUESING:
19 Q And did you accept that offer?
20 A We had not received the subpoena yet so we did
21 not know if it would be redacted or not.
22 MR. PORTER: I would object to the extent you
23 are asking him to recite contents of motions, legal
24 memoranda, and order that are in the court file that
25 will answer all these questions. So to the extent
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1 you are asking him to interpret what those motions
2 asked for and what the court ruled, I'm going to
3 object to the extent you are calling for a legal
4 conclusion.
5 MR. BUESING: Counsel, your client -- just one
6 of your many clients -- apparently thinks it's okay
7 to call somebody a thief because they have seen
8 invoices but they couldn't read the redacted part.
9 So instead of saying "I don't know" or "I don't know
10 what's in the redacted part," he has left to the
11 conclusion that a theft has occurred.
12 MR. PORTER: You ought to read the pleadings,
13 Bob. We sued for civil theft, and none of those
14 involved the Walters invoices, I don't believe.
15 MR. BUESING: Well, let's get it clear on the
16 record.
17 MR. PORTER: Yeah. I'll state what's in his
18 pleadings because I know, I'm the one who drafted
19 them. I'll answer that question.
20 MR. BUESING: Am I clear on the record that
21 the Walters invoices are not part of the civil theft
22 portion of this lawsuit, yes or no?
23 MR. PORTER: At this point it's in abeyance
24 until we get to the bottom of it. There's a clause
25 at the end of the civil theft count. It says, "and
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1 as yet unknown claims."
2 Up until the point when we see the unredacted
3 portions of the Walters invoice, which obviously are
4 minor, you know, points compared to the other ones,
5 we don't know.
6 MR. BUESING: Well, your client just testified
7 a few moments ago that this was stolen money. And I
8 want to get this clear on the record: Is he going
9 to tell the world, is he going to go out and make
10 the statement that this is stolen money, which he
11 probably has in many different forms already?
12 MR. PORTER: I don't know what he's going to
13 do in the future.
14 MR. BUESING: And I think what you're telling
15 me is, "Bob, don't worry. He doesn't know."
16 MR. PORTER: Well, number one, there is
17 leftover monies in trust that were never spent that
18 she refused to authorize the return.
19 MR. BUESING: We're just talking about the
20 Walters money.
21 MR. PORTER: The Walters money that's leftover
22 in trust that was not used, that she told us had
23 been used, that's a portion of the civil theft
24 claim; the Walters money that is still in trust that
25 was raised through the Atheists of Florida Legal
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1 Defense Fund is still in trust that she's refused to
2 release, that's part of the civil theft claim; and
3 then the unredacted portion of the bills that may
4 have been used for unauthorized expenses for other
5 things, which we don't know about yet, that could be
6 part of the civil theft claim.
7 Is that a good answer?
8 MS. WACHS: No.
9 THE WITNESS: Well, I can't do any better.
10 That states my case completely.
11 BY MR. BUESING:
12 Q So you feel free, Mr. Gollobith, to accuse her
13 of theft as of today with respect to the Larry Walters
14 $25,000 based on the statements that your counsel just
15 said; that's enough for you to show criminal theft?
16 MR. PORTER: Object to the form. Calls for a
17 legal conclusion and for speculation.
18 THE WITNESS: We appraised the Walters issue
19 as misappropriation of funds.
20 BY MR. BUESING:
21 Q So it is enough for you, sir?
22 MR. PORTER: Objection. You're asking for a
23 legal conclusion. Does misappropriation equal
24 theft? That's a legal conclusion.
25 MR. BUESING: I don't think the average person
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1 will have a bit of difficulty with that.
2 BY MR. BUESING:
3 Q Is that your position, sir, that some of the
4 Larry Walters money was in fact misappropriated?
5 A Yes.
6 Q Okay. That's my question.
7 And that's something you don't mind sharing
8 with anybody inside or outside the organization at AOF;
9 right?
10 MR. PORTER: Objection. What is "that"? It's
11 ambiguous. Our legal position?
12 MR. BUESING: The statement he just made of
13 his belief that a theft occurred.
14 MR. PORTER: You said "misappropriation."
15 THE WITNESS: Counsel, we publish our
16 newsletter to describe the Walters issue, which
17 appears to be misappropriation of funds because we
18 can't get a full accountability of how our
19 organization's funds were spent; therefore, it
20 appears to us that something is being hidden from
21 us.
22 BY MR. BUESING:
23 Q And when you were in front of Judge Baumann,
24 was it EllenBeth Wachs who said the judge can do an
25 in-camera inspection; we have no objection to that?
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1 A I believe that Baumann said that, yes, we can
2 have an in-camera inspection.
3 Q And you never asked him to do that, did you,
4 sir?
5 A I didn't at the time because we didn't have
6 the subpoena delivered at that time. So for all we
7 knew, we were going to get complete, unredacted invoices
8 from Walters and would not need an in-camera examination
9 of them.
10 Q Have you ever asked Judge Baumann to conduct
11 the in-camera inspection that was offered when that
12 happened?
13 MR. PORTER: Objection. I don't know what
14 you're talking about, a settlement discussion of
15 what? But I object.
16 MR. BUESING: Well, it's certainly not a
17 settlement discussion when a party in front of a
18 judge says, "I hereby make these available for the
19 judge to conduct an in-camera inspection." That's
20 not a settlement discussion; that's something that
21 the supposed thief did to prove she's not a thief.
22 BY MR. BUESING:
23 Q And you didn't take her up on having the judge
24 look at it, because you weren't that confident there was
25 going to be any theft there, right, sir?
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1 MR. PORTER: Objection. Calls for
2 speculation.
3 THE WITNESS: The legitimate question is, why
4 hasn't your client produced the unredacted invoices
5 so it eliminates any doubt and ends the lawsuit?
6 BY MR. BUESING:
7 Q So that would end the lawsuit, sir?
8 A That portion of it, yeah.
9 (Exhibit Number 13 was marked for
10 identification.)
11 BY MR. BUESING:
12 Q I'm showing you Exhibit 13, which is your
13 email of July 14th, 2011, from Candler, North Carolina.
14 Can you identify this as your email, sir?
15 A It appears to be something I wrote, yes.
16 Q There's a reference in here to "the four of
17 us." Do you know who that four is in the last
18 paragraph?
19 A I don't see it, but I presume that's Brown,
20 Julius, Cooper, and myself.
21 Q Now, do you recall that during this time frame
22 EllenBeth Wachs was requesting donations for her
23 lawsuits?
24 A I'm sorry, counselor, can you say that again?
25 Q Do you recall if, during this time period in
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1 July of 2011, EllenBeth Wachs was requesting from the
2 public donations to help offset the cost of her
3 lawsuits?
4 A I think she was at that time.
5 Q Has it sometimes been referred to as the
6 EllenBeth Wachs Legal Defense Fund?
7 A I've heard it referred to that way.
8 Q And you were okay with her raising money for
9 her legal defense?
10 MR. PORTER: Object to the form. Ambiguous.
11 THE WITNESS: I was okay with that, yes.
12 BY MR. BUESING:
13 Q And using your AOF website for that purpose,
14 that would be okay?
15 A Yes.
16 Q And you understood that lawyers like Larry
17 Walters were using his website to raise money for the
18 legal defense costs?
19 MR. PORTER: For what?
20 MR. BUESING: The legal defense cost for
21 EllenBeth Wachs.
22 MR. PORTER: Object to the form.
23 THE WITNESS: I eventually became aware of
24 that, yes. I don't remember the exact time I did,
25 but I was did eventually --
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1 BY MR. BUESING:
2 Q You were okay with that, were you not?
3 A Yes.
4 (Exhibit Number 14 was marked for
5 identification.)
6 BY MR. BUESING:
7 Q I'm going to show you Exhibit 14. Do you
8 recall receiving this email from Gloria Julius asking
9 whether the motion would eliminate her request for
10 donations to her lawsuits?
11 A No, I don't remember it, but I would not deny
12 that it was sent to me.
13 Q I mean, from your perspective it was a good
14 thing if she could raise a lot of money for defense
15 costs; right?
16 A That's the operative part of the question,
17 "for defense costs," not her own personal use.
18 Q Okay. Is this the next time you accused
19 somebody of theft because you think maybe they used some
20 for personal and you have no proof of it?
21 MR. PORTER: Objection. Lack of foundation.
22 Argumentative.
23 She was sued for civil theft. It's not him
24 accusing her of anything.
25 MR. BUESING: Sir, go read the statute on
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1 civil theft. It's the civil version where you have
2 to prove by a preponderance of the evidence -- no,
3 excuse me -- by clear and convincing evidence that
4 the person had criminal intent to steal something.
5 MR. PORTER: Exactly. Well, that's our
6 contention in this lawsuit, Bob. You don't have to
7 argue with him about it. That's the contention.
8 That's what we intend to prove.
9 MR. BUESING: Right, but what I'm trying to
10 establish is does he leap to the conclusion that a
11 theft occurs with the thinness of evidence?
12 MR. PORTER: It seems like you're arguing with
13 him. Why don't you just ask questions.
14 MR. BUESING: Well, I guess I'll ask the
15 question.
16 BY MR. BUESING:
17 Q What specific evidence, sir, do you have that
18 Ms. Wachs stole the money that was donated for her
19 lawsuits, since you've made the statement?
20 A I mean, we have evidence of a check given to
21 McKnight of $18,000, and a check from Eddie Tabish for
22 $5,000 that was withheld from the organization,
23 deposited into an illegally opened account in the name
24 of the organization and eventually paid directly to your
25 client.
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1 Q What other evidence do you have? Is that all
2 of it? Have you said it all right there?
3 A The lack of evidence of how our funds were
4 spent with Mr. Walters leaves us with very serious
5 questions of misappropriation.
6 Q You just said "serious questions." That's not
7 the same as accusing somebody of having misappropriated
8 something, which you've done, sir.
9 A I have, because if she won't show us how the
10 money was spent, there's got to be a reason.
11 Q So in this great -- this great land of ours,
12 we are guilty until proven innocent, sir? Is that the
13 way it works?
14 MR. PORTER: Objection. Calls for a legal
15 conclusion, and it's argumentative.
16 MR. BUESING: I'll withdraw it.
17 THE WITNESS: It's too bad. I was going to
18 answer it.
19 (Exhibit Number 15 was marked for
20 identification.)
21 BY MR. BUESING:
22 Q Let me show you Number 15, please. Do you
23 recognize this as an email from Matt Cooper to Ed and
24 only Ed?
25 A Yes.
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1 MR. PORTER: Somebody else's statement?
2 BY MR. BUESING:
3 Q Did you receive it?
4 A I can't be sure, but probably I did.
5 Q And did Matt Cooper look at your proposed
6 motion, give you some advice that it should be changed
7 to the entire board, rather than a committee, because it
8 would sound less political? Do you see that first
9 sentence?
10 A Yes. Yes.
11 Q And that says, "I also suggest you run this
12 past Joe" -- that would be Joe Reinhardt -- "as
13 technically he had the idea first and probably has some
14 perspective." Do you recall that?
15 A Not really but it appears that that means that
16 Joe was the one that really wanted to implement the
17 oversight committee.
18 Q Right. And did you in fact run it past Joe
19 Reinhardt?
20 A The oversight committee?
21 Q I assume he means the language of your
22 proposed motion.
23 A Counsel, you're getting into so much minutia
24 here. I can't remember specifically who we sent emails
25 to or talked to about it. All I remember is that we sat
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1 down and formulated how we wanted the bylaws to be
2 amended. And, eventually, through this committee, we
3 drafted up bylaws amendment that we could present to the
4 board, which we did, and the board approved it.
5 Q My question is -- this is a straightforward
6 question -- did you, as suggested by Matt Cooper on
7 July 15th, run this past Joe Reinhardt?
8 A Eventually, he probably saw it, but I can't
9 tell you when. If he was out of the country, I wouldn't
10 have bothered him with it until he got home. And we may
11 have been waiting for him to return from Europe before
12 I'd do that. I wouldn't send him emails when I know
13 he's out of the country.
14 I mean, I would if his kitchen was on fire,
15 but, I mean, for stuff like this, I wouldn't do it. I
16 just figured he's preoccupied, he's in a different time
17 zone and just didn't want to deal with it, so I'll wait
18 until he gets back, and then we'd talk to him about it.
19 Q Now, his second paragraph says, "Of course,
20 the answer to Gloria is, once again, no and no."
21 And if you look back at 14, you'll see Gloria
22 had two questions: "Will the second motion eliminate
23 EB's request for donations to her lawsuits?" Of course,
24 the answer is no, according to Matt Cooper; correct?
25 A Yes.
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1 Q And the second one, "Will any monies received
2 in her personal fund-raisers be turned over to AOF?"
3 And the answer is no, per Matt Cooper; correct?
4 A If this is a legitimate email, it's correct.
5 Q Any reason to believe it's not a legitimate
6 email, sir?
7 A I have every reason to think that I have seen
8 manufactured evidence produced by your clients, and I
9 wouldn't put anything past them. They're extremely
10 devious people, counselor.
11 Q We'll get to that on your next day of
12 depositions.
13 A Counsel, how many lies would you tell to stay
14 out of jail? Is there any limit? I'd tell as many as I
15 could think of. Come on.
16 Q So how many lies would you tell, sir?
17 A As many as I could think of.
18 Q Okay. Have you told lies today in this
19 deposition?
20 A No, sir. I haven't committed any crimes.
21 Q So, would you agree with me that money
22 received in EllenBeth Wachs' personal fund-raisers are
23 her money, not AOF's money?
24 MR. PORTER: Objection. Improper foundation.
25 THE WITNESS: Absolutely not.
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1 BY MR. BUESING:
2 Q Did you write an email saying, Matt, you've
3 got it wrong, it's no and no, not -- excuse me, it's yes
4 and yes, not no and no?
5 MR. PORTER: Objection. Argumentative.
6 THE WITNESS: I don't know if I wrote an email
7 to that effect or not. I probably didn't pay much
8 attention to what that was all about.
9 BY MR. BUESING:
10 Q Well, sir, you're going to present more
11 documents to us next week that I would submit should
12 have been presented two years ago, so why don't you take
13 a good, hard look and see if you can find anything in
14 your documents that says, "I don't agree with this,"
15 Exhibit 14 or 15.
16 MR. PORTER: He's not here to search through
17 documents, Bob. He didn't even bring documents
18 because you didn't ask him to bring them. He's here
19 to answer questions.
20 MR. BUESING: Okay.
21 MR. PORTER: And that's what he's going to do.
22 BY MR. BUESING:
23 Q Well, I'm cautioning you that at the next
24 go-round, I'm going to ask you if you have any written
25 proof that you disputed this phrase, sir. I'm going to
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1 give you that opportunity between now and then to show
2 me where you've got some.
3 MR. PORTER: And what is that exact proof,
4 that she's allowed to keep all the donations that
5 went into the EllenBeth Wachs legal fund? Is that
6 what we're setting him up for, for the next depo? I
7 know. We read the email, Bob. I know.
8 MR. BUESING: Just the conversation between
9 Exhibit 14 and Exhibit 15.
10 MR. PORTER: Okay. Fair enough.
11 MR. BUESING: I think you know the issue.
12 MR. PORTER: I do. It's a legal issue.
13 BY MR. BUESING:
14 Q Now, you've referred a couple of times to the
15 founder, Christos Tzanetakos.
16 MS. WACHS: Tzanetakos.
17 MR. BUESING: Tzanetakos.
18 I see why you call him "the founder."
19 BY MR. BUESING:
20 Q Did you have communications with the founder
21 in July 2011?
22 A I can't remember every specific time I've had
23 conversations with him. I may have.
24 Q Now, as of the summer of 2011, he was not a
25 board member or an officer; is that correct?
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1 A What I remember was there was some confusion
2 about that, because he seemed to want to step down from
3 the board and then told us that we had wrongly
4 interpreted his statement about that. And at the same
5 time, his wife was suffering from Alzheimer's, and he
6 realized he needed to spend more time to taking care of
7 her, and he felt it would jeopardize his ability to
8 participate in the board.
9 So I was just trying to accommodate him with
10 whatever he wanted to do. If he wanted to stay on the
11 board, that was fine; if not, then we understood that he
12 had higher priorities.
13 Q Well, so where does that leave you, whether
14 he's a board member or not a board member? I'm
15 confused.
16 MR. PORTER: Objection. Asked and answered.
17 Not confused. Asked and answered.
18 MR. BUESING: Okay.
19 THE WITNESS: My position on that would change
20 pending any communications I had with him. If he
21 sent me a communication and said you had
22 misunderstood, I want to continue to serve on the
23 board, then I would consider him a board member.
24 BY MR. BUESING:
25 Q So you viewed him as a board member -- if he
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1 said I'm a board member, you would not deny him a vote
2 going forward; correct?
3 A That's correct.
4 (Exhibit Number 16 was marked for
5 identification.)
6 BY MR. BUESING:
7 Q Okay. I'm showing you Exhibit 16, which
8 appears to be your email of Sunday, July 24th, to Steve
9 Brown, Gloria Julius, Matt Cooper, Joseph Reinhardt, Nan
10 Owens, and Christos, the founder. Did I get that
11 correct?
12 A Yes.
13 Q And in the beginning of this email, it says,
14 "We agreed that Joe and I would discuss these two
15 motions over lunch this week." That's Joe Reinhardt?
16 A That's right.
17 Q And that you and Joe Reinhardt offered to meet
18 with John Kieffer to discuss the motions?
19 A That's right.
20 Q Did that happen? Did the two of you meet with
21 him?
22 A I think we did.
23 Q Do you know when and where that happened?
24 A Not for sure, but I think I remember going to
25 a restaurant on Fourth or Ninth Street North over in
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1 St. Pete, the three of us.
2 Q And how did that go?
3 A I think the chicken was undercooked.
4 I don't remember, counselor. I really don't
5 remember what happened. I kind of remember -- I think
6 the three of us had lunch, but I don't remember any of
7 the details of the discussion. It was two years ago.
8 Q Well, did Mr. Kieffer have any concerns about
9 putting this new procedure in place?
10 A Not that I recall.
11 Q Did you give him any assurances that approvals
12 would be made promptly and there wouldn't be reasonable
13 delays if money was needed for various purposes?
14 A Did I give him assurances that monies
15 would --
16 Q Yes, sir.
17 A I could only assure him that if we had an
18 oversight committee, we would meet promptly if he
19 requested it. That doesn't mean we would always agree
20 to give him whatever he was asking for.
21 Q Right. But I'm just talking about the timing,
22 that if he asked for a meeting, the members of the
23 financial oversight committee -- it was your intention
24 that they would meet promptly?
25 A Yes, sir, because that was the whole point of
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1 having the committee.
2 Q And who was to form the committee, the
3 president, the chairman? Who? Who?
4 A I don't know at that particular time what the
5 drafters of this amendment were thinking, but what got
6 approved by the board was that the committee would be
7 made up of two officers predetermined and three board
8 members elected by the board.
9 Q So the version that I'm showing you in
10 Exhibit 16, which starts out "the chairman shall
11 appoint," that's not the final version; correct?
12 A Correct. That's not how it was adopted by the
13 board.
14 Q And on the bottom of the first page, there's a
15 discussion about the funds raised, and I think you say,
16 "And absolutely this would not pertain to fund-raising
17 events held by you or EllenBeth soliciting funds for
18 your personal defenses." Do you see that, sir?
19 A How many lines is that?
20 Q Right at the very bottom, last sentence of the
21 first page.
22 A I see that.
23 Q So personal defenses, this would be Polk
24 County vs. EllenBeth Wachs; Polk County vs. John
25 Kieffer? That's what you're talking about there?
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1 A I think so.
2 Q So people are donating money for them to -- or
3 they're soliciting funds for their personal defenses?
4 We're talking here about these criminal charges off this
5 chart on the back of Exhibit 12.
6 MR. PORTER: Object to the form.
7 THE WITNESS: What the sentence implies is
8 that if funds are raised specifically for their
9 legal defenses, they will be used to pay for those
10 particular legal defenses. It appears we're
11 suggesting that it doesn't even need to go through
12 the organization's treasury if it's collected for
13 that particular specific need.
14 BY MR. BUESING:
15 Q Okay. I understand. And just so we've got
16 this clear on the record, looking at this chart, the
17 Atheists of Florida vs. The City of Lakeland case, which
18 I gather involves prayers in public meetings, because of
19 the basic --
20 A Invocations.
21 Q Invocations. Okay.
22 But that is an AOF lawsuit? They were a party
23 to that lawsuit; right?
24 A Well, that depends on who would have won or
25 lost it. If the case had been won, it would have been
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1 EllenBeth's personal lawsuit. Since it was lost, now
2 it's our lawsuit, and she's an innocent bystander.
3 But the fact is, Atheists of Florida filed the
4 suit.
5 Q Right. And Atheists of Florida paid Eric
6 Husby?
7 A That's right.
8 Q Okay. So I'm talking about the -- there's two
9 criminal charges: one against John Kieffer and one
10 against EllenBeth Wachs. And those would be what you're
11 referring to here about personal defenses; right?
12 A I think so.
13 Q Okay. And did you view the malicious
14 prosecution suit against Sheriff Grady Judd as part of a
15 strategy to deal with the criminal charges; in other
16 words, cause them to drop the criminal charges?
17 A Since I didn't file that suit and we were not
18 appraised of before it was filed, we were left to
19 speculate on our own as to specifically why that had
20 been filed.
21 Q But just so it's 100 percent clear on the
22 record, the record shows that the board unanimously
23 voted to approve the budget with a $25,000 retainer for
24 Larry Walters for that lawsuit; right?
25 A Right, but we didn't understand that that suit
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1 was going to be used as a bargaining chip against the
2 criminal charges, if that's what you were asking me.
3 Q Was there a discussion somewhere in July
4 of 2011 about personal liability of the directors?
5 A I recall some discussion about that at board
6 meetings, and it could have been that particular board
7 meeting.
8 MR. BUESING: Let's mark this, please.
9 (Exhibit Number 17 was marked for
10 identification.)
11 BY MR. BUESING:
12 Q First, can you identify Exhibit 17 as your
13 email to Steve Brown?
14 A It appears to be my response to some issues
15 that he addressed about the motions.
16 Q On what basis -- "My concern is that after we
17 exhaust all the funds we have on hand and are unable to
18 raise sufficient funds from outside the organization, we
19 may be faced with the situation of having to fund the
20 suits ourselves or see them dropped for lack of
21 funding."
22 You're talking here about the Lakeland suit
23 and the Grady Judd suit?
24 A I don't know if it was both suits. It
25 probably was both suits, because we were led to believe
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1 that the suit against Grady Judd would be prosecuted to
2 a conclusion that would be in our favor and we would see
3 all of our legal expenses recovered from the county.
4 Q It's an injunction suit, sir, not a damages
5 suit. What do you mean "in our favor"?
6 MR. PORTER: Objection. Argumentative.
7 THE WITNESS: It means at the end of this
8 lawsuit, it asks for damages and legal expenses, so
9 I, not being an attorney, interpreted that to mean
10 that if we win the suit, we will recover the cost of
11 prosecuting it.
12 BY MR. BUESING:
13 Q Well, are we now clear that directors have no
14 personal liability here for an ongoing lawsuit of a
15 corporation like Atheists of Florida, Inc.?
16 MR. PORTER: Objection. Calls for a legal
17 conclusion.
18 BY MR. BUESING:
19 Q I think you just said, "I could have worded
20 that better." You weren't saying the directors were
21 going to be personally liable; you're just saying the
22 suit would have to be dropped if we ran out of money?
23 A That's what it looks like I was implying in
24 this email, that if the organization ran out of money,
25 then we either need to fund it from our own personal
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1 assets or drop it for lack of funds or donated funds to
2 continue it.
3 Q By the way, does AOF have directors' and
4 officers' insurance?
5 A We looked into that several years ago and
6 discovered it would cost the equivalent of the entire
7 income of the organization per year so we were never
8 able to purchase it.
9 Q Have you turned this litigation over or
10 tendered it to your personal insurance company?
11 A No.
12 MR. PORTER: Are we at a good breaking point
13 for the day?
14 MR. BUESING: For the day?
15 MR. PORTER: Yes.
16 MR. BUESING: Oh, no. We've got -- let's
17 finish this stack here.
18 MR. PORTER: What stack?
19 MR. BUESING: That stack.
20 MR. PORTER: Fair enough.
21 (Exhibit Number 18 was marked for
22 identification.)
23 BY MR. BUESING:
24 Q Have you ever seen this email before?
25 A I don't remember it.
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1 Q You see in the middle of Christos's email, he
2 says that any donations to EllenBeth's legal fund are
3 not tax-exempt?
4 A I see that, yes.
5 Q And are you aware of whether John Kieffer in
6 fact changed the website to make that clear, that such
7 donations would not be tax-exempt?
8 A I'm not aware of whether or not that was so
9 specified on the website.
10 Q Is this consistent with what you've said in
11 Exhibit 16, that naturally this would not pertain to
12 fund-raising events held by you or EllenBeth soliciting
13 funds for your personal defenses? Is that the same
14 basic concept here?
15 A Let's see. This is written by Christos, and
16 Christos is a merchant mariner who immigrated here from
17 Greece. And I think he has some confused perceptions of
18 United States tax laws so I wouldn't put much
19 credibility in any opinion he expresses about tax law.
20 (Exhibit Number 19 was marked for
21 identification.)
22 BY MR. BUESING:
23 Q Let me show you 19, an email from you,
24 July 25th, titled, "Oops."
25 In addition to being a Greek merchant marine
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1 immigrant, did he also not realize that your little
2 group was not supposed to share these statements with
3 everybody else on the board or the officers?
4 A That's correct.
5 Q Because your group wanted to collaborate and
6 keep it confidential from EllenBeth Wachs and John
7 Kieffer; right?
8 MR. PORTER: Objection to the ambiguity of the
9 question.
10 THE WITNESS: No, it's because we didn't want
11 to end up with a Camelot. When you have too many
12 people involved in the construction of something
13 like this, it becomes too cumbersome to put it
14 together.
15 BY MR. BUESING:
16 Q That's why it's confidential?
17 MR. PORTER: Objection. Argumentative.
18 THE WITNESS: Yes. It says so right here:
19 The whole board gets the motions, most of them will
20 start submitting changes, alterations, deletions.
21 We'll never get the thing finished.
22 It's not to keep it secret. If we were going
23 to keep it secret, we wouldn't present it to the
24 board, would we?
25 BY MR. BUESING:
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1 Q Well, if you want to keep it secret, you
2 wouldn't meet in the office, either; right? You'd meet
3 somewhere else, like restaurants, houses?
4 MR. PORTER: Objection. Argumentative.
5 BY MR. BUESING:
6 Q Right?
7 A I don't see any connection between that.
8 Hardly anybody was ever at the office anyway.
9 (Exhibit Number 20 was marked for
10 identification.)
11 BY MR. BUESING:
12 Q Well, do you recognize this as your email --
13 this Exhibit 20 as your email to Steve Brown, July 30th,
14 2011?
15 A It certainly appears to be.
16 Q And it says you've sent the motions to John.
17 That's John Kieffer? You've heard nothing back from
18 him?
19 A Let's see.
20 Q Last paragraph, sir.
21 A That's what it says. And that would be John
22 Kieffer, yes.
23 Q And then you go on to say, "I will submit the
24 motions to the board on Monday and declare that
25 Reinhardt has seconded them." What does that mean?
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1 A I think it means that Reinhardt probably was
2 not going to be at the meeting but he wanted to be sure
3 that the motion was seconded, so he maybe wanted to do
4 that in absentia. I really don't remember the specific
5 issue here.
6 Q Was that bylaw compliant, to have a second in
7 absentia?
8 A Probably not. That's why I questioned what it
9 really means.
10 Q Then this goes on to say, "John," I assume
11 that's John Kieffer, "has pressed me to know the
12 identity of the other board members who met to compose
13 the motions, and I haven't disclosed anyone except Joe."
14 Why not disclose them? What are you hiding?
15 A I don't remember. I just don't remember.
16 Q Was it the general sense of this collaborative
17 group that they were not going to fund any more legal
18 actions beyond what had been approved in the budget?
19 MR. PORTER: Objection to the foundation of
20 the question being completely lacking.
21 THE WITNESS: Not at all. That would be a
22 decision by the board.
23 What the group was trying to do was put a
24 barricade in front of officers who would go out and
25 commit the organization to legal fees that could
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1 potentially bankrupt the organization without the
2 board's prior approval.
3 BY MR. BUESING:
4 Q And I think all the versions of motions I've
5 seen talk about in excess of a thousand dollars --
6 A That's what I recall.
7 Q -- being the trigger point.
8 And this is really relating to the money that
9 was in the bank account of AOF, using AOF's funds?
10 A That's right, the account, the CD, donated
11 funds through PayPal or whatever.
12 Q Is there a way for a citizen -- at that time
13 was there a way for a citizen to donate through PayPal
14 to the EllenBeth Legal Defense Fund?
15 A You're getting out of my realm here, because I
16 know very little about PayPal, how it works. I never
17 had any involvement with it.
18 All I knew was that a PayPal account was set
19 up and could receive donations. I can't tell you when
20 that happened. I don't know how it works. So, I could
21 only testify that I was aware that there was a PayPal
22 account.
23 Q Well, I'm back to this last line on the first
24 page of Exhibit 16 that "naturally this would not
25 pertain to fund-raising events held by you or EllenBeth
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1 soliciting funds for your personal defenses.
2 Is there any reason that the financial
3 oversight committee needs to even meet with respect to
4 funds that had been raised for her personal defenses?
5 MR. PORTER: Objection. It calls for a legal
6 conclusion.
7 BY MR. BUESING:
8 Q You can answer.
9 A I think we would have considered that an
10 action already underway that the board would have agreed
11 to fund. So if donations came in for that, they could
12 be used for those expenses.
13 Again, the oversight committee was being
14 formed to control future expenses of the organization
15 and endeavors that get us into very expensive
16 litigation.
17 Q Well, I'm reading the motion which says "would
18 cause the expenditure of funds by AOF in excess of a
19 thousand dollars," and I gather from your answer a
20 minute ago, that means AOF's funds?
21 A That's right.
22 Q So if somebody were to donate and say, here,
23 make sure it gets to the EllenBeth Legal Defense Fund,
24 that would not be an AOF fund; right?
25 MR. PORTER: Objection. Argumentative.
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1 THE WITNESS: If it was being donated to pay
2 for an action that was already in process, then it
3 could be used to pay for legal fees that were
4 incurred by that activity. It seemed a little
5 disingenuous that somebody would donate money to a
6 fund for a lawsuit that had not yet been filed. So
7 it would pertain to actions that the organization
8 were already involved in.
9 BY MR. BUESING:
10 Q You are basically going back to these four
11 litigation matters that are on this chart, in the
12 July 6th document?
13 A That's right.
14 Q Just out of curiosity, has the financial
15 oversight committee met to approve your use of the funds
16 at AOF for this lawsuit that we're sitting in here today
17 in?
18 MR. PORTER: Objection to relevance.
19 THE WITNESS: Not yet.
20 MR. BUESING: I didn't think so.
21 BY MR. BUESING:
22 Q So that would be unauthorized; true?
23 A Not if the funds are repaid to the
24 organization. Funds would come right back in.
25 Q So you are doing it as a loan that the
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1 organization is making to you personally?
2 MR. PORTER: Objection. It calls for legal
3 conclusion.
4 THE WITNESS: No, I don't.
5 BY MR. BUESING:
6 Q Is there a promissory note, an interest rate,
7 monthly payments, anything like that?
8 A No, sir.
9 Q Because the motion talks about approving the
10 implementation of any lawsuit, legal action, or
11 expenditure taken on behalf of Atheists of Florida that
12 would be anticipated to cause the expenditure of funds
13 by AOF in excess of $1,000; right? That's the way you
14 worded it?
15 A That's right.
16 Q And this -- I think we have here in this case
17 a lawsuit filed by AOF? We have counterclaims by AOF?
18 A That's right.
19 Q Are you still on the financial oversight
20 committee?
21 A I think I am.
22 Q Who else is on it?
23 A The treasurer and secretary are always on it.
24 And I'd have to look it up. I think we did allege some
25 different members to it.
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1 Q Has it met in the last, say, two years?
2 A No, sir.
3 Q So is this another one of those things that,
4 you know, just applied to EllenBeth Wachs and John
5 Kieffer, but once they are gone, you don't really need
6 it anymore?
7 A No. We continue to use it.
8 Q But you haven't met in two years?
9 A That's what I testified to.
10 Q You mentioned that there was a $5,000 check
11 from a donor out in California?
12 A I did.
13 Q And what's the name of that donor?
14 A Eddie Tabish.
15 Q And you understand that that check was for the
16 specific purpose of assisting Ms. Wachs in her legal
17 expenses?
18 MR. PORTER: Objection. Argumentative and
19 pure speculation.
20 BY MR. BUESING:
21 Q If you don't know, say you don't know.
22 MR. PORTER: Why don't you show him the check?
23 Let's talk about it.
24 BY MR. BUESING:
25 Q Either you know or you don't know.
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1 A I understand that he donated those funds to
2 our organization for the purpose of paying her legal
3 fees.
4 Q We started out today, this morning, talking
5 about the restricted bequests -- excuse me -- the
6 unrestricted bequests of some generous folks who donated
7 money to this organization. Did you understand what
8 that means, when funds are restricted or unrestricted?
9 MR. PORTER: Objection. Calls for legal a
10 conclusion.
11 THE WITNESS: I think I do.
12 BY MR. BUESING:
13 Q So if a donor says it's $5,000 restricted for
14 the purpose of funding EllenBeth Wachs' legal expenses,
15 then you, as an organization, must comply with that
16 restriction; correct?
17 MR. PORTER: Objection. Calls for a legal
18 conclusion.
19 THE WITNESS: I think that's true.
20 BY MR. BUESING:
21 Q And it would be -- if not illegal, it would at
22 least be very bad form to take the money from a donor
23 that's restricted and apply it somewhere else; right?
24 MR. PORTER: Objection. It calls for
25 speculation. There's no foundation that they took
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1 the money.
2 THE WITNESS: So you're saying, like, if the
3 money was donated for legal fees and given to an
4 individual to use to go to the mall and make a car
5 payment or take a vacation to Vegas, that that would
6 be inappropriate? I would agree with that, yes.
7 BY MR. BUESING:
8 Q No. I'm saying if AOF has restricted funds
9 that are for a particular person's legal expenses and
10 AOF doesn't turn the money over, that would be both
11 illegal and bad form, would it not?
12 MR. PORTER: Actually, I object. It calls for
13 a legal conclusion. The Florida statutes and IRS
14 regulations are very specific about these issues.
15 THE WITNESS: Which is exactly what my
16 response would be. If the money is donated to the
17 organization, then state statutes required that it
18 goes into the organization's accounts.
19 BY MR. BUESING:
20 Q Right. But if it's a restricted donation,
21 sir.
22 MR. PORTER: Objection. Argumentative.
23 BY MR. BUESING:
24 Q If it's a restricted donation, the
25 organization must comply with the restriction; correct?
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1 MR. PORTER: Objection. Argumentative. Asked
2 and answered and calls for a legal conclusion.
3 THE WITNESS: I think so.
4 BY MR. BUESING:
5 Q Well, what state statute are you referring to,
6 sir?
7 MR. PORTER: He's not; I am.
8 MR. BUESING: I'm sorry, but he's the one who
9 said state statute.
10 MR. PORTER: I did.
11 MS. WACHS: He did.
12 BY MR. BUESING:
13 Q Atheists of Florida is a 501(c)3 organization?
14 A That's right.
15 Q Are you aware of the IRS guidelines that
16 require 501(c)3 corporations to have appropriate
17 governance principles in place?
18 A I am aware that there are regulations that
19 apply to 501(c)3 organizations.
20 Q And that 501(c)3 status could be revoked or
21 removed if there's a violation of some of the
22 requirements that the IRS has?
23 A Absolutely.
24 Q Has AOF ever been audited or challenged by the
25 IRS with respect to its behaviors and its conduct?
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1 A No, sir.
2 Q And then here in Florida we have a separate
3 statute that requires an organization to register as a
4 charity with the State of Florida?
5 A The State Agricultural Commission.
6 Q Is AOF a registered charity in the state of
7 Florida?
8 A It has been since inception, yes.
9 Q And does the organization need to follow
10 certain regulations and guidelines in order to maintain
11 the status as a registered charity in the state of
12 Florida?
13 MR. PORTER: Objection. It calls for a legal
14 conclusion.
15 THE WITNESS: Yes, it does.
16 BY MR. BUESING:
17 Q And, in fact, you yourself have been the
18 person who had signed those applications?
19 A Not always.
20 Q Sometimes?
21 A Sometimes.
22 Q Well, does that mean you had to certify that
23 things are being done properly and in accordance with
24 the regulations and guidelines?
25 A What they ask for is an accounting of our
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1 income and expenses. I filled the form out, I supplied
2 them with the names of the officers, answered the
3 questions regarding paid fund-raisers, any other
4 questions they have that pertain to how the organization
5 is run. I sign it and mail it in with the appropriate
6 fee.
7 Q In your recollection over the 20-plus years
8 this organization has been around, has it ever set up an
9 escrow account or a separate restricted account of some
10 kind?
11 A Yes, it has.
12 Q Which -- tell me those situations.
13 A It created a building fund and a legal fund.
14 It did have at one time a scholarship fund.
15 Q Those were all separate bank accounts so the
16 monies wouldn't be commingled?
17 MR. PORTER: Objection.
18 THE WITNESS: No, some of the funds were
19 ledgered by the treasurer. Remember, counselor, we
20 are not running the American Red Cross here. Okay?
21 It's not that complicated.
22 BY MR. BUESING:
23 Q So as a cost-saving measure, you just keep the
24 same bank account but you would ledger them separately?
25 MR. PORTER: Objection. Argumentative.
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1 THE WITNESS: That's right.
2 BY MR. BUESING:
3 Q Was the EllenBeth Wachs Legal Defense Fund
4 ledgered separately at any time, do you know?
5 A I wasn't the treasurer and I'm not now, so I
6 don't know how that was handled.
7 Q Do you know if a request was made that it be
8 ledgered separately?
9 A I'm not aware of any such request.
10 Q Would it be good practice or good governance
11 to ledger accounts separately so that there would be a
12 record of their separateness on the books and records
13 for purposes of the State of Florida and the IRS?
14 MR. PORTER: Objection to the extent it calls
15 for a legal conclusion.
16 THE WITNESS: It wouldn't be necessary,
17 because the bulk of funds that came in for that
18 purpose came in after all the legal expenses had
19 been satisfied, so we appraised it as reimbursement
20 to the organization's treasury for the expenses it
21 had already laid out on behalf of EllenBeth Wachs.
22 BY MR. BUESING:
23 Q Now, the vote to create the oversight
24 committee was on September the 4th, 2011; is that
25 correct?
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1 A That's right.
2 Q Do you recall disclosing at that board meeting
3 to everybody present that there had been this
4 collaborative effort of a few of the board members on
5 this?
6 A No, I don't. It certainly would have appeared
7 on the agenda that was distributed prior to the meeting
8 so that the board members were aware there was going to
9 be an issue to deal with, but whether or not they
10 specified who put it all together, who drafted it, I
11 don't see any reason that would have been done.
12 Q How did Mr. Kieffer and Ms. Wachs react to
13 this news about the creation of the financial oversight
14 committee?
15 A I can't recall any specific reaction that they
16 exhibited.
17 Q Did they vote in favor of it?
18 A Jeez, I can't remember every vote that is
19 taken. It's probably recorded. It may not be, because
20 we may not at that time have been recording the votes of
21 each board member.
22 Q Well, you say you had a meeting with
23 Mr. Kieffer to talk about it. Was he okay with it? Did
24 he have any objections?
25 A He certainly knew about it, and I don't recall
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1 him objecting to it at all.
2 Q So also at that board meeting, was there a
3 decision as to who would serve on this financial
4 oversight committee?
5 A That's right.
6 Q And who were those people?
7 A As I explained before, I'm pretty sure it's
8 the secretary and treasurer --
9 Q Who would that be?
10 A -- automatically sat on the board.
11 At the time that would have been Nan Owens and
12 Tracy Thomas, and then several board members ran for the
13 three available seats; and the three elected were Joe
14 Reinhardt, Matt Cooper, and myself.
15 Q Okay. And do you recall having the first
16 meeting of the financial oversight committee on
17 September 4th?
18 A No, sir. There was no such meeting on that
19 date.
20 Q Do you remember the approval of some
21 investigator fees that needed to be spent?
22 A That happened on September 11th.
23 Q Now, earlier this morning we talked about the
24 fact that you would go with John Kieffer to the bank to
25 move money. Did you have to move money to pay for these
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1 investigator fees?
2 A We went to the bank to move money, but I think
3 there was probably enough in the checking account to
4 have paid the investigator. It must have been because
5 Kieffer had actually written the check, unknown to us,
6 on September 6th, some five days before that request was
7 made. And he wouldn't have written a rubber check. So
8 I was alerted to go to the bank to move some $10,000 out
9 of the account to bring the checking account, along with
10 the PayPal inclusion, up to some $20,000.
11 Q Sir, it's your testimony, then, that it was
12 not in fact approved on September 4th?
13 A Yes, sir, it is.
14 Q Did the committee keep minutes?
15 A No, sir.
16 Q Can you explain why they would not keep
17 minutes for something of that significance and gravity?
18 MR. PORTER: Objection. Argumentative. Lacks
19 foundation.
20 THE WITNESS: Because when the bylaws
21 amendment was drafted, there was no inclusion in
22 that amendment that minutes be kept so it would have
23 been assumed that a report would be given at
24 subsequent board meetings.
25 BY MR. BUESING:
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1 Q So you said a moment ago that it was in fact
2 approved on the September 11th, 2011, financial
3 oversight committee meeting, the $2,000?
4 THE WITNESS: Didn't he ask that and I
5 answered it? Asked and answered, yes.
6 BY MR. BUESING:
7 Q And at that -- you're aware that
8 Mr. Reinhardt's, in his request for admissions, response
9 says that he approved it on September 4th, the financial
10 oversight committee?
11 A I am aware of that.
12 Q Okay. Can you explain how that member of the
13 committee would say it happened on September 4th but
14 this member of the committee says it did not happen on
15 September 4th?
16 MR. PORTER: 2011; right?
17 MR. BUESING: Yes, sir.
18 THE WITNESS: Sure, because the two meetings,
19 the board meeting and the chapter meeting, happened
20 only a week apart, and it was a very quick meeting.
21 It only lasted about two minutes, and he was
22 confused.
23 BY MR. BUESING:
24 Q It's not possible that you're confused, sir,
25 with the kind of responses you gave us in your request
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1 for admissions, that you can't remember stuff, that's a
2 long time ago?
3 A I'm absolutely positive. Would you like to
4 know why?
5 Q No.
6 Tell me about the September 11th meeting. Was
7 John Kieffer present at that meeting?
8 A Yes.
9 Q So he was an eyewitness to what happened at
10 that meeting, he saw it, he was right there?
11 A He was the one who called the meeting and made
12 the request.
13 Q And are you aware that Mr. Cooper in his
14 deposition simply could not confirm or deny whether he
15 had approved the transfer of the funds raised for the
16 EllenBeth Legal Defense Fund on that date?
17 MR. PORTER: Objection. It misstates his
18 prior testimony.
19 THE WITNESS: I was at Cooper's deposition. I
20 don't remember him saying that. But given his
21 particular physical condition that day, I would not
22 have expected his memory to be at peak performance.
23 BY MR. BUESING:
24 Q Mr. Cooper's memory is not any good;
25 Mr. Reinhardt is confused --
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1 MR. PORTER: Objection. You're arguing.
2 BY MR. BUESING:
3 Q -- but you're absolutely possible with your
4 date, sir?
5 MR. PORTER: Objection. Argumentative.
6 THE WITNESS: That's absolutely correct, sir.
7 BY MR. BUESING:
8 Q Was Rob Curry present at the September 11th
9 financial oversight committee meeting?
10 A He was not.
11 Q Even for any portion of it?
12 A No portion.
13 Q Did Mr. Kieffer have with him an accounting of
14 how much money had been paid through PayPal and through
15 the Stieffel (sp.) donation for Ms. Wachs?
16 A Mr. Kieffer presented no documentation of any
17 kind at that meeting.
18 Q Did he say I've got it here if you want to see
19 it, and the committee said don't worry, it's approved?
20 A There was no discussion of any donations
21 received by the organization at that meeting.
22 Q Because FOC would not be responsible for those
23 sorts of restricted donations?
24 MR. PORTER: Objection. Argumentative.
25 THE WITNESS: I don't follow what you're
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1 asking me. Are you asking me why he didn't give us
2 that documentation?
3 BY MR. BUESING:
4 Q I'm asking why there was no discussion.
5 That's your testimony, sir.
6 A It wasn't the purpose of the meeting. The
7 purpose of the meeting was for him to procure $2,000 to
8 pay the private detective, period.
9 Q And that's a check that had gone out the week
10 before?
11 A That's the one.
12 Q So, are you saying that John Kieffer issued a
13 check, knowing that this had to go through this
14 financial oversight committee, and he sent it out the
15 week before?
16 A That's my testimony.
17 Q I think you agreed with me this morning that
18 if we look at the bank statements and we see any
19 transfer of funds of any size, we know that you and
20 Mr. Kieffer did that together during this time period;
21 right?
22 A That's right.
23 Q And did you not in fact transfer enough funds
24 to cover an $18,000 check subsequent to the
25 September 11th --
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1 A We did not. We transferred $10,000.
2 Q Well, the $18,000 check ultimately cleared,
3 did it not, to John McKnight's escrow account?
4 A Yes, it did.
5 Q So how did it clear if the money wasn't
6 transferred so it would clear?
7 A Additional funds were moved into the account
8 from the PayPal account.
9 Q How about the Stieffel donation of $10,000?
10 Are you aware of that specific donation?
11 A I was.
12 Q Would you agree with me that was a restricted
13 donation for purposes of legal costs for EllenBeth
14 Wachs?
15 MR. PORTER: Objection. Lack of foundation.
16 THE WITNESS: I would not necessarily agree.
17 Sorry. I'm not certain the date it came in because
18 I was not the treasurer. It's my belief the reason
19 he was compelled to make that grant to the
20 organization was to support the invocation lawsuit
21 that we were engaged in with the City of Lakeland,
22 but understand that this is mere speculation on my
23 part.
24 I don't know what motivated him to send the
25 grant. All I know is it came in --
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1 MR. PORTER: Show him the check. Let's talk
2 about it.
3 BY MR. BUESING:
4 Q Who got that grant, the $10,000 grant?
5 A Pardon me? Who got it?
6 Q Yes, sir. Who did the fund-raising?
7 A My understanding is that John ran into
8 Stieffel at some kind of event, told him what we were
9 doing, and then he decided to disburse the donation out
10 of his trust.
11 Q John Kieffer?
12 A That's right. But that's hearsay. I don't
13 really know.
14 Q Well, before you accused my client of theft,
15 did you pick up the phone and call John Stieffel and ask
16 him if that was a restricted donation for her use?
17 A I sent him an email and offered to return it.
18 He declined and said he wanted the fund to stay with us
19 but to be used only for legal expenses.
20 Q For Ms. Wachs?
21 A Only for legal expenses.
22 Q Legal expenses for Ms. Wachs; right?
23 MR. PORTER: Objection. Argumentative. Asked
24 and answered.
25 MR. BUESING: He's not answering.
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1 MR. PORTER: He answered exactly what the
2 question was. You just asked the same one again.
3 So could you give a different one?
4 BY MR. BUESING:
5 Q Do you know if Mr. Stieffel was in touch
6 directly with EllenBeth Wachs about those funds?
7 A I've seen production of an email that
8 indicated that they had communications about the funds.
9 Q Do you recall that email where he said he was
10 glad that the money was in Mr. McKnight's trust account?
11 MR. PORTER: Objection. It calls for -- lack
12 of foundation.
13 THE WITNESS: I remember seeing that, yes.
14 BY MR. BUESING:
15 Q That would be pretty good evidence of the
16 donor's intent, would it not?
17 MR. PORTER: After-the-fact objection. It
18 calls for a legal conclusion.
19 THE WITNESS: No, it wouldn't at all,
20 counselor, because Wachs' email to him was totally
21 disingenuous and distorted the facts.
22 BY MR. BUESING:
23 Q Just so we're clear, that $10,000 is part of
24 the money that you have filed a civil theft suit on and
25 gone to the sheriff of Polk County to make a criminal
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1 complaint against my client; right?
2 A No, sir, it's not. In my opinion, the money
3 had already been spent for legal expenses. The fund
4 that were embezzled came out of our certificate of
5 deposit, the PayPal account, and the Eddie Tabish
6 donation that was intended to go into our account to
7 compensate us for legal expenses that had already been
8 paid for your client's legal defense issues.
9 Q Okay. You're not going to use the word
10 "embezzled"; is that correct? I just want to get that
11 real clear on the record that you are calling my client
12 an embezzler. Correct?
13 A Yes.
14 MR. PORTER: You're asking the question.
15 You're asking him to call her an embezzler.
16 MR. BUESING: No, no.
17 MR. PORTER: He just answer your question.
18 MR. BUESING: That was the word your client
19 used --
20 MR. PORTER: No, no, he didn't call her an
21 embezzler. He said those were funds that were
22 embezzled. You are the ones who wants to make up
23 charges and -- get it clear on the record that he's
24 calling your client names.
25 BY MR. BUESING:
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1 Q Sir, it's your position my client is an
2 embezzler?
3 A It's my position that funds were embezzled
4 from our organization.
5 Q By EllenBeth Wachs?
6 A Some, yes.
7 Q Some by John Kieffer? He's an embezzler, too?
8 A Yes.
9 MR. PORTER: Objection. Misstates his prior
10 testimony.
11 BY MR. BUESING:
12 Q When did you first read the section of the
13 bylaws on what it would take to remove somebody and it
14 said misappropriation of funds? In other words, that's
15 one of the grounds to remove somebody.
16 A That's been a part of the bylaws for a long
17 time.
18 Q Well, when did you focus on it in 2011?
19 A I think I first saw it included in an email to
20 the membership explaining why the expulsions had taken
21 place.
22 Q Are you going to testify that you did not
23 focus on that clause before November 6th, 2011?
24 MR. PORTER: Objection. Argumentative.
25 THE WITNESS: I was aware it was in the
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1 bylaws, but I'm not clear on what you mean by "focus
2 on it."
3 BY MR. BUESING:
4 Q Well, sir, that you had already formed an
5 opinion, perhaps as early as the summer, that you would
6 want to expel her and now you were in search of a ground
7 to support expelling her? And so now misappropriation
8 of funds, alleluia, let's accuse her of that.
9 A Your timetable is a little bit inaccurate.
10 Q How so, sir?
11 A Because in the summer I was not concerned of
12 expelling anybody from the organization. It wasn't
13 until after I saw funds being removed from the
14 organization's treasury without authorization that I
15 realized that it was time to start expelling people.
16 Q And when was that, sir?
17 A That was on or about October 27th, I believe,
18 2011.
19 Q So prior to October 27th, you never expressed
20 to anybody that you had to get rid of EllenBeth Wachs?
21 MR. PORTER: Objection. Misstates his prior
22 testimony.
23 THE WITNESS: When EllenBeth was handed the
24 presidency of the organization, she instigated an
25 extreme amount of infighting among the board that
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1 was very detrimental to the interest of the
2 organization.
3 BY MR. BUESING:
4 Q To the old guard?
5 MR. PORTER: Objection. Argumentative.
6 THE WITNESS: The entire organization. Not
7 just specific board members but the entire
8 organization. And I would have begun to formulate
9 opinions at that time if that's the result of her
10 presidency, she shouldn't be the president.
11 BY MR. BUESING:
12 Q That's before October 27th, is it not, sir?
13 MR. PORTER: Objection. Argumentative. It
14 misstates his prior testimony.
15 THE WITNESS: It would have started about
16 whenever she assumed that presidency, which was, I
17 believe, approximately 19 days before the
18 November 6th board meeting. That would put us
19 somewhere in the middle of October.
20 BY MR. BUESING:
21 Q So let's see if we have the timeline right.
22 You had formed the opinion that you wanted to get rid of
23 her, and then just by coincidence, a week or two later,
24 you found this alleged financial impropriety?
25 MR. PORTER: Objection.
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1 BY MR. BUESING:
2 Q How convenient, sir.
3 MR. PORTER: Objection. Argumentative.
4 THE WITNESS: As I testified, I can't specify
5 an exact day or time that I decided I'd rather not
6 see her on the board. But I did discover the check
7 and -- even at that point, I didn't know why the
8 check had been given to McKnight so I didn't begin
9 to form hostile conclusions. I thought the first
10 thing we needed to do was find out why the check had
11 been distributed to him. I didn't know if it was a
12 retainer, if it was payment for work that he had
13 done. And those were my first conclusions. It must
14 have been one of those two things.
15 BY MR. BUESING:
16 Q How did you find out about this check, sir?
17 A I went to the post office to get the mail, and
18 one piece of mail that was in there was the bank
19 statement. I opened the bank statement, and -- it
20 wasn't because of that statement, but because I had it
21 in hand -- I had some -- something I wanted to talk to
22 one of the bank officers about. I don't even remember
23 what it was. But I went there, and I could use the bank
24 statement to show that I had access to the account and
25 information about it. And I saw that the balance on the
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1 statement, I think, was about $12,000 in our checking
2 account.
3 And so just as I finished talking to the
4 officer, I asked him about the balance in the account,
5 he verified it, and was told, no, it's only about
6 200-and-some dollars.
7 Well, you know I wondered what happened to
8 that much money. And she said to me, "Well, it was that
9 one big check you-all wrote."
10 So I asked her to print a copy of the check,
11 she did and gave it to me, and that was the first time
12 I'd seen the check -- first time I'd ever seen John
13 McKnight's name and had no idea why the check had been
14 distributed to him.
15 Q You were at the bank to remove John Kieffer
16 from the bank account, were you not?
17 MR. PORTER: Objection. Argumentative.
18 THE WITNESS: Absolutely not.
19 BY MR. BUESING:
20 Q At what point did you remove John Kieffer from
21 the bank account?
22 MR. PORTER: Objection. Lack of foundation.
23 THE WITNESS: Actually, he was expelled from
24 the organization. I couldn't have removed him
25 without Nan Owens there, and she wasn't at the bank
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1 with me.
2 BY MR. BUESING:
3 Q So it's your testimony, sir, that you had --
4 he was removed from the bank after November 6th;
5 correct?
6 A That's right.
7 Q Now, earlier today you testified that the PO
8 box was locked, frozen by the post office people. How
9 did you get the mail?
10 A I didn't.
11 Q I'm sorry, sir. You just testified that you
12 got the bank statement on October 27th. Earlier today
13 you testified that on October 24th, you froze the
14 bank -- the post office box. So that would be
15 impossible, sir.
16 A Well, here's what happened --
17 Q Well, do you want to --
18 A There's a little more to the story. I went
19 over there to check the lock to make sure that it was
20 secure, and it wasn't. So I opened up the box and
21 culled out the mail, left all the returned ballots in
22 there and told the clerk that the lock had become
23 disconnected, and they reconnected it. So then I pulled
24 out the -- as a matter of fact, that's -- no, that's not
25 when it happened. Because when that happened that's
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1 when we found the forwarding order. So that wasn't the
2 day I went to the bank.
3 Q Are you confused, sir, like Mr. Cooper or
4 Mr. Reinhardt was confused? Are you confused?
5 MR. PORTER: Objection. Argumentative.
6 THE WITNESS: I don't have a calendar in front
7 of me so I can't give you the date specific things
8 happened. But I wrote it in our newsletter. We can
9 look it up right now if it's that important to you.
10 The newsletter specified the exact date I went
11 to the bank.
12 BY MR. BUESING:
13 Q October 27 is what your newsletter says.
14 A Okay. Then that's when it was.
15 Q So your testimony under oath is that the
16 mailbox lock that was supposed to keep that from anybody
17 getting in there was somehow open on that date?
18 A Right. It's a device that's placed over the
19 locking mechanism. It's a very simple plastic device.
20 Somehow it worked itself loose so that I could get to
21 the box. So I told the clerk to reinstall it. As long
22 as the box was open, I pulled the mail out and separated
23 out the regular mail, because there's no need to leave
24 that in there, and then they reaffixed the lock.
25 Q Does the post office maintain records of this
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1 sort of request by you?
2 MR. PORTER: Objection. Lack of foundation.
3 THE WITNESS: No, they don't. They don't
4 because I went over and asked about it.
5 BY MR. BUESING:
6 Q Oh, when did you do that, sir?
7 A Oh, within the last week.
8 Q Why is that?
9 A In preparation for this deposition. And I was
10 told by the clerk no such records are kept.
11 Q But I just want to be clear on the record that
12 you formed in your mind the desire to expel EllenBeth
13 Wachs when she became the acting president? That's when
14 you formed it in your mind?
15 MR. PORTER: Objection. Asked and answered.
16 THE WITNESS: I testified I don't remember the
17 exact time or date that I decided that I would like
18 to see her removed from office. I only know that
19 once she became president, she caused so much
20 turmoil within the board that I want to see her
21 removed from office, not even expelled, just removed
22 from office. I didn't want her to be the president
23 because the organization was becoming dysfunctional
24 with her in charge.
25 BY MR. BUESING:
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1 Q Because she was trying to get an election
2 completed that you wanted stopped?
3 MR. PORTER: Objection. Argumentative.
4 THE WITNESS: No. Sorry.
5 MR. PORTER: Let me finish.
6 BY MR. BUESING:
7 Q Tell us about what you did in preparation for
8 the November 6th board meeting.
9 MR. PORTER: Objection. Lack of foundation.
10 THE WITNESS: I prepared the agenda, and I
11 probably went to the office and set up the tables
12 and chairs.
13 BY MR. BUESING:
14 Q Did you script out what would happen that day
15 or did Mr. Cooper script out what would happen that day?
16 MR. PORTER: Objection. Lack of foundation.
17 Speculative.
18 THE WITNESS: I prepared ballots because the
19 principal item on the agenda was to vote -- was to
20 retain or remove each of the officers and the
21 chairman so I presumed that the board would want to
22 vote in private, went ahead and prepared ballots to
23 have ready if the motion was approved.
24 BY MR. BUESING:
25 Q What does it mean to call to question?
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1 A It means that whoever wants to call the
2 question doesn't want to discuss it anymore.
3 Q Even if the people being -- are up for
4 expulsion are not being given any opportunity to say
5 anything?
6 MR. PORTER: Objection. Improper foundation.
7 THE WITNESS: There was no motion to expel
8 anybody.
9 BY MR. BUESING:
10 Q What would you call the motion?
11 A The motion was to remove or retain each of the
12 officers and the chairman.
13 Q But you don't dispute, do you, that neither
14 Mr. Kieffer, nor Ms. Wachs, were allowed to say one
15 thing during that meeting?
16 A I dispute that totally. There was a motion
17 made, discussed, voted on. Mr. Kieffer made several
18 announcements at the beginning of the meeting. Nobody
19 was ever ruled out of order. With respect to the vote,
20 nobody was charged with anything, so what would anybody
21 address?
22 Q So it was important to keep a laptop with
23 battery power, and as soon as the vote is taken, close
24 the laptop and everybody leaves? They decamped to one
25 of the houses of the collaborators to collaborate some
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1 more?
2 MR. PORTER: Objection. Argumentative.
3 THE WITNESS: Jeez, I know enough to object to
4 that, counselor. Come on.
5 If there's a motion for adjournment and the
6 majority of the board votes for adjournment, my
7 responsibility as the chairman is to, what, adjourn
8 the meeting. That's what I did.
9 BY MR. BUESING:
10 Q Where did you go after the meeting, sir?
11 A Went to my house.
12 Q Who all went with you?
13 A Reinhardt, Curry, Matt Cooper, Gloria Julius,
14 Steve Brown, Steve Miles, and I think Nan Owens went
15 there.
16 Q And what official business took place at that
17 location?
18 A One of the persons that went there was Tracy
19 Thomas. And Ms. Thomas presented me with a letter that
20 asked for the expulsion of EllenBeth Wachs and John
21 Kieffer.
22 Q The letter you wrote, sir; isn't that true?
23 A That is not.
24 Q That you helped write?
25 A No, sir.
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1 Q Did you have anything to do with that letter?
2 You're under oath, sir.
3 A I had to -- I did type the letter into my
4 computer at one time so I would have a record of it. So
5 I have made typed copies of it, but not that particular
6 letter that I was handed.
7 Q Who wrote the letter?
8 A You have to ask Ms. Thomas. She's the one
9 that presented to me.
10 Q You don't know?
11 A I can speculate.
12 Q Go ahead. Speculate.
13 A I think it was probably primarily composed by
14 Mr. Cooper, because he had outlined the election
15 discrepancies and the financial discrepancies, and that
16 was the framework of that letter.
17 Q In fact, Mr. Cooper was really leading the way
18 here in what steps to take, how to do all this?
19 MR. PORTER: Objection. Argumentative.
20 THE WITNESS: He had a substantial input into
21 it, yes, but it wasn't something he could have done
22 by himself. No one board member has the power to
23 remove anybody else.
24 BY MR. BUESING:
25 Q No, but I'm talking about the steps to be
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1 taken to accomplish this goal.
2 A I can tell you that it was his suggestion that
3 we go to my house after the meeting.
4 Q And you're aware, for example, that Tracy
5 Thomas says she did not write this letter that's got her
6 name on it?
7 A I -- yes, I'm aware of that.
8 Q Could Matt Cooper have some desire to sort of
9 work in the background and kind of be hidden?
10 MR. PORTER: Objection. Speculation. Lack of
11 foundation.
12 THE WITNESS: You have to ask him that
13 question, counselor.
14 BY MR. BUESING:
15 Q Well, the following week there was another
16 board meeting, and you learned at that board meeting
17 that Ms. Wachs was going to sue everybody for
18 defamation. Do you remember that?
19 A I think I do remember that we learned at the
20 board meeting about the lawsuit, yes.
21 Q And Matt Cooper pretty much said, "See you,
22 guys. My work here is done. I'm resigning"?
23 A Not at that board meeting, no.
24 Q Immediately after that board meeting?
25 A It probably wasn't too long after that. I
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1 have his resignation letter in the minutes that he sent
2 me, and we can look at the date for it.
3 Q So he's leaving you holding the bag?
4 A Given that he had a recurrence of cancer, he
5 didn't have much choice. And I wouldn't say me, no. He
6 left all the defendants in the lawsuit.
7 Q He left everybody holding the bag?
8 A No. What does that term mean? We were being
9 sued. Okay? We had to respond to it. He was also
10 being sued. He didn't get out of the lawsuit just
11 because he had to resign because of health
12 circumstances. So what are you suggesting?
13 Q I'm suggesting that he played the largest role
14 in planning how this would be effectuated and now you
15 guys are left having to defend yourselves for the way
16 this was done.
17 A I take the responsibility for producing the
18 agenda, for putting that vote on the agenda because I
19 was the chairman. It was my responsibility, and I did
20 it.
21 I think practically every board member that I
22 could think of had some input into what was going on
23 with the organization and how it was being run, and
24 their dissatisfaction with it, which is why I put it on
25 the agenda.
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1 Q All right. But you and the rest of these
2 people are not being sued for the expulsion of EllenBeth
3 Wachs; you are being sued for defaming her. It's not
4 just an expulsion; it's a statement that she's a thief,
5 she's an embezzler, we had to get rid of her, that's why
6 she's being sued, and that was Mr. Cooper's idea, was it
7 not?
8 MR. PORTER: Objection. It misstates the
9 evidence. That's pure speculation, pure argument.
10 THE WITNESS: No, counselor, we were being
11 sued to run us off the board so your client could
12 come back in, take over the organization. It's a
13 bullying tactic to get rid of us.
14 BY MR. BUESING:
15 Q So you sued her to get rid of her; right?
16 A Incorrect. We sued her to recover our
17 property and the monies that she had diverted from our
18 treasury.
19 And when I say "property," I mean the
20 electronic property, the website, the PayPal, the Free
21 to Think account, all the electronic property that was
22 now in her hands that we administered, that we paid for,
23 that -- that was in the name -- or should have been in
24 the name of the organization is what we wanted back.
25 Q And Judge Nielsen basically said, "Go to trial
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1 and sort this out. I'm not going to get involved at the
2 front end"?
3 MR. PORTER: Objection. Calls for speculation
4 as to what happened on an unrecorded court hearing.
5 MR. BUESING: He was there.
6 MR. PORTER: Judge Nielsen denied the
7 injunction.
8 BY MR. BUESING:
9 Q Well, Mr. Cooper brought to your attention on
10 October 27th, 2011, that "if the election is rerun
11 fairly and Wachs and Kieffer are reelected to the new
12 board due to their fame, isn't the organization back
13 where we are now?"
14 Do you remember having that discussion with
15 him?
16 MR. PORTER: Objection. Improper
17 cross-examination, but go ahead.
18 THE WITNESS: I remember some, yeah,
19 expression of that idea.
20 BY MR. BUESING:
21 Q All right. So, if you really wanted EllenBeth
22 Wachs away from this organization forever, you had to
23 defame her, didn't you?
24 MR. PORTER: Objection. Argumentative.
25 BY MR. BUESING:
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1 Q Otherwise, due to her fame, the members would
2 vote her right back on the new board?
3 MR. PORTER: Same objection.
4 THE WITNESS: And if they did, that was fine
5 with me. But what I wanted was a legitimate
6 election so that we could find out what the
7 membership wanted. And the election was so
8 corrupted that we wouldn't have known unless we had
9 a second election, which we did, and we did it all
10 but immediately.
11 All I wanted to know was what did the members
12 want. If they wanted her to run the group, that was
13 fine with me.
14 BY MR. BUESING:
15 Q So why was it essential to, in advance of the
16 November 6th board meeting, prepare everything that you
17 were going to put into a newsletter, into an email that
18 you were going to distribute?
19 MR. PORTER: Objection. A complete lack of
20 foundation for that statement.
21 MR. BUESING: He knows what I mean. I can go
22 through the documents.
23 THE WITNESS: I didn't do it.
24 BY MR. BUESING:
25 Q Who did it?
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1 A I didn't know about it until, I think, we were
2 preparing for this.
3 Q You think that the minutes for the
4 November 6th meeting were written four days before the
5 meeting. How can that be?
6 A The minutes?
7 Q Yes, sir.
8 A Where did I see that?
9 Q Next session we'll go through them all.
10 But all this work was done before the
11 November 6th meeting to basically say we're ready -- you
12 know, we're going to implement this immediately. We're
13 going to get out there and tell our story about what a
14 thief she is.
15 A It's impossible.
16 MR. PORTER: Objection.
17 THE WITNESS: I'm sorry.
18 MR. PORTER: Give me a chance to object. He's
19 making things up and trying to get you to comment on
20 it. Okay?
21 I object to speculation. Show him a document
22 where she's being accused or called a thief before
23 November 6th, and we'll comment on it.
24 BY MR. BUESING:
25 Q You can answer.
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1 A The minutes were never written up prior to the
2 meetings.
3 Q What was written up?
4 A An agenda.
5 Q What else?
6 A Nothing that I worked on.
7 Q Who worked on stuff? I mean, you say in
8 preparation for this deposition you've learned, you've
9 looked at documents, you've seen -- for example, when we
10 did the Matt Cooper deposition, we had a series of
11 documents that he was copied on that predate
12 November 6th.
13 MR. PORTER: Objection. That's not a
14 question.
15 BY MR. BUESING:
16 Q Do you remember seeing those at the Matt
17 Cooper deposition?
18 A No, I don't.
19 Q But you've read them now to prepare for today?
20 A They may be the same documents. What I know
21 is that he was working on some way to announce to the
22 membership that officers had been removed, if the vote
23 was successful, so he would be able to do it
24 immediately.
25 Q Why was that important to do it immediately?
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1 MR. PORTER: Objection. It calls for
2 speculation.
3 BY MR. BUESING:
4 Q What's the rush?
5 MR. PORTER: Same objection.
6 Why would Matt Cooper do something? Come on.
7 THE WITNESS: No, my presumption is he felt
8 that if the election was successful, then he would
9 want to be able to tell the members of the
10 organization immediately.
11 BY MR. BUESING:
12 Q He wanted to get his side of the story out
13 first; right?
14 MR. PORTER: Objection. Argumentative.
15 Again, that's all this depo is, is just
16 arguments. Ask him questions.
17 THE WITNESS: It wouldn't be a story. It
18 would be a factual representation of events. A vote
19 was taken, here are the results of the vote, this is
20 the result of that vote.
21 Are you done with that stack yet? It's almost
22 5 o'clock.
23 MR. BUESING: Is it? Give me one minute with
24 her, and then I'll wrap it up for the day.
25 MR. PORTER: I appreciate that.
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1 (Recess taken from 4:49 p.m. to 5:00 p.m.)
2 BY MR. BUESING:
3 Q All right. Mr. Gollobith, there is one more
4 topic I want to cover today, and we will pick up next
5 time. I want to take a couple of minutes to be very
6 specific about Mr. Reinhardt's involvement now that
7 we've been through these documents which I assume
8 refreshed your recollection about Mr. Reinhardt.
9 Is it fair to say that Mr. Reinhardt was
10 involved in the process of creating a motion for the
11 financial oversight committee?
12 A I think he was, yeah. To some extent he was.
13 Q And he was, I believe, the person who seconded
14 the motion or at least attempted to second the motion
15 through email? Do you recall that?
16 A I recall the motion was made at the board
17 meeting in front of the whole board, and if he wasn't
18 there, he wouldn't have been able to second it.
19 Q And during September and October, was
20 Mr. Reinhardt involved in any of the meetings that were
21 being held at that time with AOF?
22 A Well, I could check the roll call records in
23 the minutes.
24 Q Would you please do that?
25 A Sure. Because I know he did miss the
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1 November 6th meeting, and -- and I'm not sure which
2 other ones he was or wasn't at. Let's see. You want
3 everything before the 6th?
4 Q Yes, sir.
5 MR. PORTER: September and October.
6 THE WITNESS: All right. Let's see.
7 Actually, you mean June and --
8 MR. PORTER: September and October is what he
9 asked.
10 THE WITNESS: Sorry.
11 MR. PORTER: You're on June.
12 THE WITNESS: Okay. The September 4th
13 meeting.
14 Okay. He was not present. I beg your pardon.
15 He was. There it is. He was at the September 4th
16 meeting.
17 BY MR. BUESING:
18 Q Okay. And that's the meeting at which the
19 financial oversight committee motion was adopted;
20 correct?
21 A That's right.
22 Q And if there were a financial -- excuse me.
23 Is that also the meeting in which he was
24 appointed to the financial oversight committee?
25 A That's right.
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1 Q And I believe your testimony is you don't
2 believe there was a meeting that same day of the
3 financial oversight committee?
4 A My testimony is -- and I am absolutely
5 positive -- there was not a meeting of the financial
6 oversight committee. It wouldn't have made sense. The
7 whole board was sitting there.
8 Q Did Mr. Reinhardt also make the motion to buy
9 your building that day?
10 A Yes, he did.
11 Q Excuse me. September 4th.
12 Okay. You said there was a financial
13 oversight committee meeting on September 11th. Was
14 Mr. Reinhardt present for that?
15 A Yes, he was.
16 Q Okay. And were there any other formal
17 meetings between -- excuse me.
18 Was there also a financial oversight committee
19 meeting on October 19th, 2011?
20 A Yes, there was.
21 Q Was Mr. Reinhardt involved in that meeting?
22 A Yes, he was.
23 Q Was Mr. Reinhardt involved in the preparation
24 for the November 6th board meeting?
25 A No, he wasn't, because he was not in the
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1 country.
2 Q Well, I don't believe we've covered this
3 earlier, but much of your business is done through
4 emails. Is there any reason why Mr. Reinhardt could not
5 receive an email wherever he is?
6 MR. PORTER: Objection. Asked and answered.
7 THE WITNESS: There was no reason he couldn't,
8 but, as I testified earlier, when I know he's in
9 Europe, I don't send him emails.
10 BY MR. BUESING:
11 Q Now, after November 6th -- or on or after
12 November 6th, a series of communications were issued
13 which are the subject of this defamation suit, and
14 Mr. Reinhardt's name is on many of them. Can you tell
15 me how his name got to be on those documents?
16 MR. PORTER: Objection. It misstates his
17 testimony significantly.
18 THE WITNESS: Well, no, not without seeing the
19 documents. I presume he came back to the country
20 and got involved in what was going on.
21 I shouldn't have said that.
22 MR. BUESING: Well, no, I mean, I'd rather see
23 the documents instead of listening to these wild
24 accusations.
25 MR. PORTER: Bob, if you want to say his name
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1 appears on the newsletters as one of the board
2 members in the box that talks about the organization
3 of AOF, I'll stipulate to that. That's fine. I
4 thought you meant as a signatory, as your wife
5 claims.
6 MR. BUESING: Well, some of these documents,
7 it just lists --
8 MR. PORTER: Or client claims.
9 MR. BUESING: -- board members -- they just
10 list board members as a printed name.
11 BY MR. BUESING:
12 Q And my question, Mr. Gollobith, is, did you
13 have permission to put other people's names on these
14 documents?
15 MR. PORTER: Objection. Ambiguous. What
16 documents?
17 BY MR. BUESING:
18 Q You can answer.
19 A I don't know what documents you're referring
20 to. If it's the newsletters and the listing of the
21 directors and board members, then we publish that in the
22 newsletter, page 2, the bottom of the page.
23 Q He was a board member at that time, right --
24 MR. PORTER: Objection.
25 BY MR. BUESING:
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March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
237
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YVer1f
1 Q -- November 6th, 2011?
2 A He was.
3 Q Did he know there would be a motion to remove
4 Ms. Wachs and Mr. Kieffer at the November 6th meeting?
5 MR. PORTER: Objection. Calls for
6 speculation.
7 THE WITNESS: What I remember is that there
8 was some communication from him saying that if he
9 had had the opportunity to vote, he would have voted
10 for their removal. But I don't recall if he knew
11 that in advance.
12 BY MR. BUESING:
13 Q Was he present at the October 23rd board
14 meeting?
15 A We didn't have a meeting on October 23rd.
16 Q Was he present at the festival of reading
17 group?
18 A No.
19 Q When is the next time you can recall him being
20 involved after October 19th in the financial oversight
21 committee process?
22 A Probably at the -- possibly the November 13th
23 board meeting. I'm pretty sure he was at that one.
24 Q And was he one of the board members you sought
25 to encourage to resign or expel?
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
238
800.211.DEPO (3376)
EsquireSolutions.com
YVer1f
1 MR. PORTER: Objection. Lack of foundation.
2 Misstates his prior testimony.
3 THE WITNESS: No. And he had expressed to me
4 that he wasn't going to run for a second term with
5 the board.
6 BY MR. BUESING:
7 Q When did his term end?
8 A November 30, 2011.
9 Q He was aware of the communications that were
10 being issued by AOF after November 6th, 2011?
11 MR. PORTER: Objection. It calls for pure
12 speculation.
13 THE WITNESS: I have no way of knowing what he
14 was or was not aware of. As a member he probably
15 would have received the notification of the action
16 taken at the November 6th, board meeting.
17 But, again, he wasn't in town that day. He
18 wasn't even in the country. I can't recall the date
19 of that.
20 BY MR. BUESING:
21 Q Do your newsletters go out electronically or
22 on paper?
23 A They go out both ways. We offer to mail them
24 to any member that requests it, and then we post them on
25 our website and send notification that they're
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
239
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YVer1f
1 published.
2 Q Was Mr. Reinhardt appointed to the new
3 elections committee for the 2012 election?
4 A Yes, he was.
5 Q He was the chair, was he not?
6 A Yes, he was.
7 MR. BUESING: That's all I have for today.
8 We'll continue this, and I'll take those last
9 few pages.
10 MR. PORTER: All right. Thank you, Bob.
11 (At 5:12 p.m., the deposition was
12 adjourned.)
13
14
15
16
17
18
19
20
21
22
23
24
25
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
240
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EsquireSolutions.com
1 CERTIFICATE OF REPORTER
2
3 STATE OF FLORIDA )
4 COUNTY OF HILLSBOROUGH)
5
6 I, Ella Dean Sampson, RDR, certify that I was
7 authorized to and did stenographically report the
8 deposition of ED GOLLOBITH; that a review of the
9 transcript was requested; and that the foregoing pages
10 are a true and complete record of my stenographic notes
11 taken during said deposition.
12
13 I further certify that I am not a relative,
14 employee, attorney, or counsel of any of the parties,
15 nor am I a relative or employee of any of the parties'
16 attorneys or counsel connected with the action, nor am I
17 financially interested in the action.
18
19 Dated this 5th day of April, 2014.
20
21
______________________________
22
Ella Dean Sampson, RDR
23
24
25
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
241
800.211.DEPO (3376)
EsquireSolutions.com
1 CERTIFICATE OF OATH
2
3 STATE OF FLORIDA )
4 COUNTY OF HILLSBOROUGH)
5
6 I, the undersigned authority, certify that
7 ED GOLLOBITH personally appeared before me and was duly
8 sworn on March 19, 2014.
9
10 WITNESS my hand and official seal this 5th day of
11 April, 2014.
12
13
14
15
_____________________________
16
ELLA DEAN SAMPSON, RDR
17 Notary Public
State of Florida at Large
18 My Commission Number: EE065591
Expires: February 17, 2015
19
20
21
22
23
24
25
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
242
800.211.DEPO (3376)
EsquireSolutions.com
1 DEPOSITION ERRATA SHEET
2 Our Assignment No: 87067
3 Case Caption: Wachs v. Gollobith, et al.
4
5
DECLARATION UNDER PENALTY OF PERJURY
6
I declare under penalty of perjury that I have
7 read the entire transcript of my Deposition taken in the
captioned matter or the same has been read to me, and
8 the same is true and accurate, save and except for
changes and/or corrections, if any, as indicated by me
9 on the DEPOSITION ERRATA SHEET hereof, with the
understanding that I offer these changes as if still
10 under oath.
11 Signed on the ___ day of __________, 20____.
12
13
14
_________________________________
15
ED GOLLOBITH
16
17
18
19
20
21
22
23
24
25
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
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1 DEPOSITION ERRATA SHEET
2 Page No._____Line No._____Change to: _______________
3 Reason for change:__________________________________
4 Page No._____Line No._____Change to: _______________
5 Reason for change:__________________________________
6 Page No._____Line No._____Change to: _______________
7 Reason for change:__________________________________
8 Page No._____Line No._____Change to: _______________
9 Reason for change:__________________________________
10 Page No._____Line No._____Change to: _______________
11 Reason for change:__________________________________
12 Page No._____Line No._____Change to: _______________
13 Reason for change:__________________________________
14 Page No._____Line No._____Change to: _______________
15 Reason for change:__________________________________
16 Page No._____Line No._____Change to: _______________
17 Reason for change:__________________________________
18 Page No._____Line No._____Change to: _______________
19 Reason for change:__________________________________
20 Page No._____Line No._____Change to: _______________
21 Reason for change:__________________________________
22 Page No._____Line No._____Change to: _______________
23
24 SIGNATURE:_______________________DATE:______________
25 ED GOLLOBITH
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
244
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1 DEPOSITION ERRATA SHEET
2 Page No._____Line No._____Change to: _______________
3 Reason for change:__________________________________
4 Page No._____Line No._____Change to: _______________
5 Reason for change:__________________________________
6 Page No._____Line No._____Change to: _______________
7 Reason for change:__________________________________
8 Page No._____Line No._____Change to: _______________
9 Reason for change:__________________________________
10 Page No._____Line No._____Change to: _______________
11 Reason for change:__________________________________
12 Page No._____Line No._____Change to: _______________
13 Reason for change:__________________________________
14 Page No._____Line No._____Change to: _______________
15 Reason for change:__________________________________
16 Page No._____Line No._____Change to: _______________
17 Reason for change:__________________________________
18 Page No._____Line No._____Change to: _______________
19 Reason for change:__________________________________
20 Page No._____Line No._____Change to: _______________
21 Reason for change:__________________________________
22 Page No._____Line No._____Change to: _______________
23
24 SIGNATURE:_______________________DATE:______________
25 ED GOLLOBITH
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
245
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
$
$1,000
71:6
194:13
$10,000
204:8
209:1,9
210:4
211:23
$100,000
22:7
28:15,25
90:12
$12,000
217:1
$17,500
160:19
$18,000
171:21
208:24
209:2
$2,000
205:3
208:7
$20 59:3
$20,000
204:10
$20,299.27
160:15
$200,000
22:11
23:4 24:1
28:8
31:17
$22,500
160:19
$25 41:1
$25,000
165:14
183:23
$3,500
158:24
160:13
$300,000
45:20
$400
104:22
$5,000
22:12
30:13
44:2 45:3
158:25
171:22
195:10
196:13
$51,000
55:14,17
$71,299.27
159:12
(
(sp.)-
lakeland
159:20
0
06 31:6
07 31:6
09 35:13
1
1 117:18
118:1
121:16
143:2,6
145:16,18
153:16
1.2 45:20
1.280
102:12
10 48:11
142:12
148:4,5
10,000
37:22
100 58:16
183:21
100,000
28:11
101 5:3
10:41 54:4
10:57 54:4
11 149:2,
5,16
11th
203:22
205:2
206:6
207:8
208:25
235:13
12 35:19,
20 154:9,
12
157:11,
20,23
159:11
182:5
12:10
101:22
12th 53:1
13 168:9,
12
130 22:8
136 58:8
13th
238:22
14 170:4,7
174:21
176:15
177:9
14th
168:13
15 172:19,
22 176:15
177:9
150 57:24
58:1
150-member
22:12
15th 174:7
16 179:4,7
181:10
187:11
191:24
16,000
53:19
17 79:13
184:9,12
170,000
53:13
18 186:21
180 58:15,
16,23
185 53:17
185,000
53:9
19 5:2
59:9
187:20,23
215:17
19.5 57:18
1994 108:6
1998 80:9
19th
235:19
238:20
1:03
101:22
2
2 121:20,
23 137:18
237:22
20 56:3
136:7
189:9,13
20-plus
200:7
20-year
22:14
107:15
109:2
200-and-
some 217:6
2000 39:15
2001 64:1
2005 33:8,
12 80:9
2006 22:21
2007 22:21
35:4
38:25
2008 39:6
42:15
2009
33:17,20,
23 35:6
48:4
2010 35:6,
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: $1,000..2010
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
7,12
43:22
2011 6:9
12:21
16:16
19:13,14
21:21
28:7,8,22
43:1,4
49:17
58:11,13
63:5,18
66:1
71:21
73:3 74:5
78:3 80:4
81:21
87:25
89:1
90:18
93:13
101:4
105:18
107:10
112:7
113:1
118:3
121:24
124:20
143:1,7
151:4,8
168:13
169:1
177:21,24
184:4
189:14
201:24
205:2,16
213:18,23
214:18
228:10
235:19
238:1
239:8,10
2012 32:8
44:24
55:15
58:11
80:4
125:16
137:1,2
139:24
240:3
2013
136:15
141:12,13
142:12
2014 5:3
83:17
20th 118:3
122:6
221,000
53:21
23rd
238:13,15
24 91:2
103:17
24th 28:22
90:18
93:13
96:9
103:1,4
132:10
179:8
218:13
25,000
160:21
25th
187:24
26th 151:8
159:6
27 153:5
219:13
2700 5:4
27th 143:7
214:17,19
218:12
228:10
29th 105:9
2:15
142:21
2:16
142:23
2:36
142:23
3
3 124:15,
19 159:11
3,000 10:3
3,500
41:11
30 6:22
36:14
61:22
150:15
239:8
30th
189:13
32,500
159:15
3616 32:2
33:11
38:22
4
4 128:9,12
400 40:6,
23
42,500
159:17
4303 6:5
44 58:24
4:49 233:1
4th 49:17
122:24
137:2
201:24
203:17
204:12
205:9,13,
15
234:12,15
235:11
5
5 102:12
131:10,14
232:22
50 79:14,
15
501(c)3
198:13,
16,19,20
501(c)3-
type 51:10
5:00 233:1
5:12
240:11
5th 124:20
137:1
6
6 107:10
112:25
136:21,25
139:24
650 40:12
6th 13:4
96:2
99:15,22
116:17
123:24
140:20
154:14
193:12
204:6
213:23
215:18
218:4
221:8
229:16
230:4,11,
23 231:12
234:1,3
235:24
236:11,12
238:1,4
239:10,16
7
7 139:20,
23
70 58:1
70s 47:21
8
8 141:3,6
8,500
159:15
9
9 145:15,
24 146:2
90 102:10
90s 29:24
106:14,22
94 80:10
9:26 5:3
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: 2011..9:26
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
A
a.m. 5:3
54:4
abandoned
68:8
abeyance
163:23
ability
30:5
178:7
absentia
190:4,7
absolute
17:25
38:24
61:23
83:1
117:17
absolutely
65:10
70:7
106:6,11
113:6
118:15
175:25
181:16
198:23
207:3,6
217:18
235:4
abuse
70:20
accept
131:24
162:19
acceptable
152:5
access
216:24
accommodate
11:9
53:17
178:9
accomplish
16:7
111:4
225:1
accomplishe
d 81:3
118:15
accordance
51:24
199:23
account
31:17
37:23
38:5 63:8
171:23
191:9,10,
18,22
200:9,24
204:3,9
209:3,7,8
211:10
212:5,6
216:24
217:2,4,
16,
227:21
accountabil
ity 162:1
166:18
accountant
86:10
accounted
160:25
accounting
199:25
207:13
accounts
197:18
200:15
201:11
accurate
28:19
accusations
236:24
accuse
165:12
214:8
accused
170:18
210:14
230:22
accusing
135:11,14
170:24
172:7
acknowledge
137:6,10
acting
93:8,9
94:4,7
101:12
220:13
action
65:20
66:2,12
93:20
142:17
192:10
193:2
194:10
239:15
actions
13:20
99:12
136:19
190:18
193:7
active
56:10
actively
83:20
activism
55:25
70:15
activists
56:7
activities
24:6
132:1
135:12
activity
132:5
135:9,14,
19 193:4
actual
114:8
adding
87:4
addition
187:25
additional
9:25
35:13
209:7
address
6:4
26:15,16
58:21
61:1 69:9
99:24
113:14
222:21
addressed
50:15
82:17,25
108:15
155:14,
184:15
addressing
83:14
adjourn
223:7
adjourned
240:12
adjournment
223:5,6
adjusting
39:16
Adkins
9:11 83:7
128:14
administere
d 227:22
admissions
205:8
206:1
admit
114:6
admitted
106:13,24
adopted
30:25
156:3
181:12
234:19
adoption
83:15
adults
122:23
advance
39:18
141:1
229:15
238:11
advanced
51:1
96:4,6
advancing
65:1
advice
16:2
123:15
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: a.m...advice
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
173:6
advise
138:16
advised
113:22
161:13
affairs
30:17
34:2
affirm 5:8
afford
43:7
44:11
45:4
afraid
54:22
85:17
102:7
103:8,10
After-the-
fact
211:17
afternoon
96:15
agency
26:9,19
agenda
26:9
72:17
99:25
130:10
141:1
202:7
221:10,19
226:18,25
231:4
agree
17:20,22
23:24
25:20,21
53:20
65:17,19
67:5,11,
18 68:3
72:19,23
74:13
78:18
80:14,18
81:17
84:15,19
94:11,15
116:22
122:2,12
126:6
127:13
141:9,10
151:13
154:1
175:21
176:14
180:19
197:6
209:12,16
agreed
15:15
40:6,14
48:19
52:11
65:4,
116:15,24
145:13
179:14
192:10
208:17
agreeing
150:25
Agricultura
l 199:5
ahead 84:5
92:20
148:24
150:4
221:22
224:12
228:17
aid 57:1
air
113:12,19
air-
conditionin
g 46:5
alerted
204:8
allegation
65:5
70:10
allege
194:24
alleged
215:24
alleluia
214:8
Alliance
27:10
allies
17:23,24
allowable
47:13,14
allowed
31:19,21
177:4
222:14
ally 18:6
19:9,16,
20 20:16
alterations
188:20
Alzheimer's
178:5
ambiguity
188:8
ambiguous
16:11
57:3
64:23
77:4
100:25
107:3
109:16
115:20
126:24
129:25
130:5
147:13
166:11
169:10
237:15
amend 30:8
80:19
108:11,12
109:18
152:20
amended
109:10
174:2
amending
108:5
amendment
81:4,6
82:16
108:17
109:14
110:5
152:21
174:3
181:5
204:21,22
amendments
80:15
107:25
American
27:9
200:20
Americans
27:5
amount
22:16
53:20
139:1
214:25
analysis
17:20,22
announce
71:17
231:21
announcemen
t 104:9
announcemen
ts 222:18
annual
29:14,18
30:12
49:2
answering
92:12
130:15
210:25
anticipated
194:12
anymore
6:20
32:10
128:6
135:17
195:6
222:2
anytime
40:17
AOF 9:15,
17,19,21
21:19
22:24
23:8
31:21
32:6,9
39:4,7
41:15
42:12,16,
22 49:23
53:21
54:8
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: advise..AOF
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
55:14
59:20
62:24,25
64:11
68:8
71:14
78:18
103:4
106:10
110:23
112:14,17
114:23
120:11
159:15,17
160:13,22
161:15
166:8
169:13
175:2
182:22
186:3
191:9
192:18,24
193:16
194:13,17
197:8,10
198:24
199:6
233:21
237:3
239:10
AOF'S
25:18
175:23
191:9
192:20
apologize
104:8
apparent
138:8
apparently
58:6,25
125:8
135:18
157:12
163:6
appealed
141:21
appeared
202:6
appearing
110:17
appears
138:20
139:23
143:8
148:21
153:20
166:17,20
173:15
179:8
182:10
184:14
189:15
237:1
application
59:5
application
s 91:24
199:18
applied
112:3,8
195:4
applies
135:4
apply
102:11
196:23
198:19
appoint
181:11
appointed
234:24
240:2
appraisal
48:3 51:5
74:3
96:19
appraisals
16:4
appraised
33:19
183:18
201:19
approached
36:10
40:5
43:12
approaches
60:17,20
appropriate
ness 50:20
approval
30:7
101:11
110:5
191:2
203:20
approvals
180:11
approve
183:23
193:15
approved
30:25
95:20
115:10
152:23
174:4
181:6
190:18
204:12
205:2,9
206:15
207:19
221:23
approving
194:9
approximate
ly 22:7
58:15,16
126:25
215:17
April
19:13
137:1,2
139:24
140:20
142:12
Arakofsky
159:20
architectur
al 7:22
area 12:6
argue
15:15
92:13,18
171:7
argued
67:1 77:2
82:6
arguing
67:3
171:12
207:1
argument
15:16
227:9
argumentati
ve 55:7
88:20
134:14
157:7
170:22
172:15
176:5
185:6
188:17
189:4
192:25
195:18
197:22
198:1
200:25
204:18
207:5,24
210:23
213:24
215:5,13
216:3
217:17
219:5
221:3
223:2
224:19
228:24
232:14
arguments
232:16
arrest
15:3,8,10
65:5
66:20
69:8
arrested
15:2,5,11
62:14,23
64:8
70:18
arresting
66:22,23
arrival
24:1
arrived
12:21
27:11
28:24
31:6
59:20
73:3
article
87:20
articles
57:12
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: AOF'S..articles
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
asks
157:17
185:8
aspect
155:1
aspects
48:22
assembled
148:23
assert
86:2 87:7
asserted
160:2
assessment
66:9
assets
45:11
186:1
assistance
68:9
assisting
195:16
assume
24:15
173:21
190:10
233:7
assumed
98:10
204:23
215:16
assuming
90:15
assurances
180:11,14
assure
180:17
assured
37:17
astute
16:5,10
at-large
79:15
82:3
atheist
27:10
43:14
56:13
atheists
9:17
27:11
57:2,7
61:24
62:6,8
67:7
113:13
116:23
145:8
164:25
182:17
183:3,5
185:15
194:11
198:13
attached
57:10
attachment
157:21
attain
15:18
attempted
140:8
233:14
attempting
145:2
153:5
attempts
26:9
attend
107:2,4
113:11
116:16
attended
107:14
attending
107:7,11
113:18
117:17
130:23
attention
15:24
31:11
73:19
176:8
228:9
attic
42:4,6,7
attorney
48:14
53:4 64:9
66:7
111:5,16
116:5,13,
18 160:22
185:9
attorney-
client
161:14
attorneys
27:17
attract
22:3 56:9
attractive
47:11
48:16
attribute
62:7
audited
198:24
August
32:8
33:17
38:25
53:1
55:15
73:12
74:15
authorities
70:20
90:22
93:4
103:1
authority
93:4,7
94:4
101:13
authorizati
on 94:12
214:14
authorize
164:18
authorized
159:25
automatical
ly 203:10
average
33:7
165:25
award 7:3
aware 9:5
43:10
63:2 86:6
87:17
97:22
99:8
100:19
103:13
117:5
159:24
169:23
187:5,8
191:21
198:15,18
201:9
202:8
205:7,11
206:13
209:10
213:25
225:4,7
239:9,14
B
B-y-r-d
83:7
back 7:9
11:22
14:13
29:24
30:12
45:15
46:1
55:22
76:13
80:11,12
89:3
92:24
102:19
106:22
123:8
132:9,14
133:13
137:15
143:1
148:24
174:18,21
182:5
189:17
191:23
193:10,24
227:12,24
228:12
229:2
236:19
background
12:3
77:11
225:9
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: asks..background
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
backtrack
43:10
bad 54:19,
22 55:5
85:20
172:17
196:22
197:11
bag 226:3,
7
balance
216:25
217:4
ballot
58:24
ballots
87:25
89:2
91:7,10,
15,18,23,
25 93:12
95:16,17
98:24
99:5
101:8
218:21
221:18,22
bank 31:17
37:23
38:5
48:12
63:6,16
191:9
200:15,
203:24
204:2,8
216:18,
19,22,23
217:15,
16,21,25
218:4,12,
14 219:2,
11
bankroll
25:11
bankrupt
191:1
banks 45:8
banquet
107:20
bargaining
184:1
barricade
190:24
Base
113:12
based 48:4
52:8
54:18
58:20
65:5
66:14
74:8
75:11
77:10,12
84:20
85:7
106:15,21
141:20
165:14
basic 14:8
182:19
187:14
basically
28:21
74:9,11
111:19
193:10
227:25
230:11
basis
27:18
49:2
76:18
88:11
111:21
125:19,22
135:7
184:16
batch
133:11
bathroom
54:2
battery
222:23
Baumann
162:6,8,
10,13
166:23
167:1,10
Bay 12:6
bear 25:17
30:12
beg 234:14
began
42:22
48:21
108:5
begin 15:7
216:8
beginning
119:8
142:16
179:13
222:18
begun
28:22
215:8
behalf
51:21
93:9
122:21
194:11
201:21
behaviors
198:25
belief
65:25
70:8
166:13
209:18
beliefs
69:19
believes
130:11
benefit
25:4
bequests
39:24
196:5,6
bet 114:17
betting
114:10
big 83:1
143:19
217:9
bill 59:3
121:24
billboard
57:6,11
75:20
76:1 77:2
bills
165:3
Bingo
160:23
bit 8:20
40:13
61:21
143:3
155:11
166:1
214:9
blame
55:13
blessed
102:17
block
103:2
board
11:19,23,
25 13:8
14:1
16:16,19,
24 17:10,
23 18:1
23:20
28:14,24
29:14,15,
17,18
30:2,7,8,
15,25
31:14
40:9,10
41:18
43:1,3,4,
5,22,23
44:9,12,
15,20,25
45:10,13,
19 47:15
48:8,15,
19 49:5,
12,17
50:8,10,
11,12,14,
16 51:2
54:24
55:2 61:8
68:20
69:8,25
71:1,14,
15,16,17,
23 72:4,
6,10,14,
17,20,21,
25 73:4,
5,23
75:13
76:2
78:24
79:3,7,
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: backtrack..board
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
20,23
80:3,13,
16 81:1,
7,24
82:5,11,
15,23
83:15
84:9,10,
17 86:2,
14,16
89:8
91:14
92:2,21,
25 93:4,
9,14,19,
20,22
94:2,8,13
95:18,20,
21 97:9,
12,14,19,
24 98:12
99:1,7,
11,21,22,
23 100:6
101:11
103:14
104:15,
18,24
107:2,4,
7,11,13,
14,20
108:4,8,
10,11
109:7,14,
15 110:2,
4,6 111:8
112:13,
17,20
113:1,18
115:4,9,
11
116:13,
16,23
117:10,
15,16
118:7,11,
22
125:17,
20,21,23
126:1,8,
12,13,16,
22 127:1,
5,7,22
128:18
129:1,5,
11,16,21,
22 130:3,
10,20,21,
23
131:18,
24,25
132:5,7,
17 133:6
134:3,5,
10,11,17,
18 135:5,
13,21,22
136:3,9,
11,13,14
137:2,23
138:1,7,
9,11,12,
17
140:12,
19,20,24
141:8,18
142:16
144:20
145:3,4,
6,7
147:21,22
149:20
150:6,17
151:10,
14,15,17,
20,24
152:22
153:1,6
154:1,17
156:5
158:10,
12,20,22
159:6,7,
24 173:7
174:4
177:25
178:3,8,
11,14,23,
25 179:1
181:6,7,
8,13
183:22
184:5,6
188:3,19,
189:24
190:12,22
192:10
202:2,4,
8,21
203:2,10,
12 204:24
205:19
214:25
215:7,18
216:6
220:20
221:8,21
223:6
224:22
225:16,
20,23,24
226:21
227:11
228:12
229:2,
233:16,17
235:7,24
237:1,9,
10,21,23
238:13,
23,24
239:5,16
board's
191:2
boards
87:21
Bob 6:25
69:4
124:22
138:23
163:13
164:15
171:6
176:17
177:7
236:25
240:10
body
161:10
bolt
103:6,9
bonds
45:12
bono 27:17
book 39:14
booked
39:20
books
41:25
201:12
borrow
45:1
botched
15:12
75:8
bother
121:18
bothered
174:10
bottom
132:10,13
141:7
154:13
163:24
181:14,20
237:22
Boulevard
5:4
bounced
23:16
bounds 7:4
box 90:24
91:5
92:25
93:5
99:4,6
101:8,10
102:25
218:8,14,
20
219:21,22
237:2
Brandon
85:8
break
49:20
50:1 54:3
101:21
103:8
104:3
124:7
142:22
breaking
186:12
briefly
12:2
bring
102:8
104:18
137:15
176:17,18
204:9
bringing
134:24
broken
104:3
brought
59:20
60:1
73:19
228:9
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: board's..brought
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
Brown
18:17,19
19:4
23:18
71:7 83:8
100:10
121:11
146:4,17
149:6,16
152:11
168:19
179:9
189:13
223:14
Brown's
17:5
147:1,15
148:25
151:4
152:14
154:3,16
budget
25:8
29:15,18,
20,22
68:14,17,
22 158:20
159:8,12,
13 183:23
190:18
budgeting
24:12
Buesing
5:18 7:9,
11,14
8:10,13,
15 10:20,
23 11:10,
15,18
13:16
16:9,12
18:5,9,
16,25
19:12,19
20:3,10,
18 21:1,
8,15
26:16,22
28:1,18,
20 29:7
32:25
37:14
50:23
54:2,5,
13,17
55:3,10
56:16
57:5 58:3
59:1,14,
25 60:19
61:3,25
62:22
64:19
65:3,7,8,
16 67:14,
19 68:2
69:5,23
71:20
72:2
76:12,20
77:7,19
78:22
79:9
80:22
84:1,14,
23 85:12
86:5,8,
13,22
87:11,16,
23 88:24
89:13,25
90:10
91:16
92:3,16,
23 94:10,
16 95:22
97:21
98:19
100:8,13
101:2,16,
20,23
102:9,15,
17,23
106:9
107:1,6
108:7,18
109:1,6,
20 110:9,
16 111:1,
2,18
112:1
114:9,20,
22
115:12,
18,22
116:4,19
117:20
119:4,25
120:6,15,
19 121:22
122:16
123:9
124:5,17,
23,25
125:5
126:15
127:6,23
128:11,22
130:2,8,
17 131:4,
12 132:22
134:20
135:6
136:23
138:6,14
139:7,15,
22
140:10,16
141:5
142:21,24
143:14
144:3,11,
17,18
145:16,
21,23
146:1,21
147:11,19
148:4,7,
15 149:4,
14 150:3
152:2,12
153:9,12,
16,23
154:11,24
155:3,16,
25 156:21
157:8
158:6,13,
23 159:3
160:7,11
162:7,18
163:5,15,
20 164:6,
14,19
165:11,
20,25
166:2,12,
22
167:16,22
168:6,11
169:12,20
170:1,6,
25 171:9,
14,
172:16,21
173:2
176:1,9,
20,22
177:8,11,
13,17,19
178:18,24
179:6
182:14
184:8,11
185:12,18
186:14,
16,19,23
187:22
188:15,25
189:5,11
191:3
192:7
193:9,20,
21 194:5
195:20,24
196:12,20
197:7,19,
23 198:4,
8,12
199:16
200:22
201:2,22
204:25
205:6,17,
206:23
207:2,7
210:3,25
211:4,14,
22
212:16,
18,25
213:11
215:3,11,
20 216:1,
15 217:19
218:2
219:12
220:5,25
221:6,13,
24 223:9
224:24
227:14
228:5,8,
20,25
229:14,
21,
230:24
231:15
232:3,11,
23 233:2
234:17
236:10,22
237:6,9,
11,17,25
238:12
239:6,20
240:7
building
32:20
33:16,19
36:3,11,
14,18,
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: Brown..building
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
38:22,23
40:3,24
41:5,11,
13 42:2
43:6,7,9,
11,17,24
44:11,21,
23 45:7,
10,17,24
46:1,8,
12,15,18,
21 47:2,
5,8,11
48:8,18,
22,24
49:2,24
51:12,13,
23 52:2
53:4,15,
24 103:2
104:11
105:13,14
200:13
235:9
buildings
34:17
bulk
201:17
bullying
227:13
bumper
56:21
burned
92:5
Busby
160:16
business
7:20
21:25
30:10
34:14
35:22,24
36:1,6,7,
10,16,17,
23 37:1,
5,9,17,
18,24
38:10
43:15
71:16
74:23
105:16
112:8
223:16
236:3
businesses
33:6
34:25
busy 128:5
buy 44:9,
11,21
45:17
235:8
buying
24:10
51:23
bylaw
30:23
70:24
80:14
81:4,6
83:3
108:19
110:3
156:13
190:6
bylaws
30:8,22
72:15
80:19
82:9,14,
19,20
83:12,14,
16 93:3,
6,17
94:12
107:24
108:5,11,
12,20
109:4,9,
12,18
112:3,7,
8,16
117:15
126:14
134:10,19
135:3
141:16
152:20
155:10,
13,15,18,
23 156:25
157:13
174:1,3
204:20
213:13,16
214:1
Byrd 83:7
bystander
183:2
C
calendar
219:6
Calero
113:8
Calhoun
121:24
California
195:11
call 46:6
73:17,18,
20 102:13
104:10
126:4
127:3
134:7
147:20
162:14
163:7
177:18
212:15,20
221:25
222:1,10
233:22
called
73:16
106:22
126:4
151:19
206:11
230:22
calling
20:16
163:3
212:11,24
calls
13:14
21:3
28:16
29:2 54:9
62:18
67:8 76:6
83:24
89:18
97:15
103:19
110:24
111:13
115:25
116:10
129:24
138:2
154:18
155:5
156:16
158:8,
165:16
168:1
172:14
185:16
192:5
194:2
196:9,17,
24 197:12
198:2
199:13
201:14
211:11,18
228:3
232:1
238:5
239:11
Camelot
188:11
campaigns
15:20,24
camps
19:25
cancel
99:13
cancelled
91:13
cancer
226:4
candidate
89:11
candidates
80:3
82:1,4
88:14
89:15
97:18
Candler
168:13
car 197:4
card 38:7
Cardillo
34:4 41:8
care 43:8,
18 45:23
46:9,11
51:4
119:2
178:6
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: buildings..care
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
Carey
20:12
91:22
116:6
117:1,5
118:12,
13,22
119:9
Carolina
73:9
168:13
carries
133:2
case 7:1,
12 18:15
27:22
119:14,
16,20
125:1
165:10
182:17,25
194:16
Cash 53:12
caused
220:19
cautioning
176:23
CD 191:10
century
29:25
certainty
17:25
38:24
certificate
63:7,14,
17 64:16
212:4
certify
199:22
CFI 27:10
chair
124:7
240:5
chairman
85:16
86:14
92:25
93:3
94:7,13
99:22
181:3,10
221:21
222:12
223:7
226:19
chairman's
86:3
chairs
221:12
challenged
65:12
70:11
198:24
chance
87:14
102:19
130:16
230:18
change
24:2,5
25:17
30:18,23
31:7,13,
16 46:5
70:24
72:15
90:16
110:3
119:5
155:4,8,
13 178:19
changed
6:1 81:18
90:13,19
104:7
105:12
117:3
119:9,11
155:18
187:6
changing
52:11
105:21
chapter
82:4,8,
10,12,15
90:7
102:10
113:22
127:24
134:4
205:19
chapters
56:7
128:1
characteriz
ation
78:16
characteriz
ing 56:22
charge
47:12
220:24
charged
222:20
charges
66:25
158:5
182:4
183:9,15,
16 184:2
212:23
charitable
51:25
52:5
charity
199:4,6,
11
chart
157:21
158:2
182:5,16
193:11
check
91:21
134:16
171:20,21
195:10,
15,22
204:5,7
208:9,13,
24 209:2
210:1
216:6,8,
10,16
217:9,10,
12,13
218:19
233:22
checking
63:8
204:3,9
217:1
checks
40:21
chicken
180:3
chief
50:12
114:19
chip 184:1
choice
139:4
226:5
choose
15:2,10
choosing
69:16
Christian
65:21
66:3,13
Christos
25:25
177:15
179:10
187:15,16
Christos's
187:1
Church
27:6
church-
state
26:3,17
27:13
churches
69:11
circulated
67:25
circumstanc
es 138:13
150:10,
11,
226:12
citizen
191:12,13
city 48:5
182:17
209:21
civil 27:9
159:23
163:13,
21,25
164:23
165:2,6
170:23
171:1
211:24
claim
159:23
164:24
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: Carey..claim
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
165:2,6
claimed
51:2
128:5
claims 7:1
160:5
164:1
237:5,8
clarificati
on 156:10
clarified
155:24
clarify
140:8
155:13
class 19:2
clause
163:24
213:23
clean
46:4,6
clear 15:7
30:23
47:19
52:15
79:18
89:1
96:24
126:1,3
159:22
163:15,20
164:8
171:3
182:16
183:21
185:13
187:6
209:5,6
211:23
212:11,23
214:1
220:11
cleared
209:2
clerk
218:22
219:21
220:10
client
13:20
14:8 20:9
44:18
50:8,9
52:24
92:12
99:3
111:9
123:20
129:7,14
139:8,9,
16 140:7,
25 144:6
160:12,
18,21
161:15,
16,21
163:5
164:6
168:4
171:25
210:14
212:1,11,
18,24
213:1
227:11
237:8
client's
153:9
212:8
clients
153:13
163:6
175:8
close
14:19
19:8
37:23
38:5
222:23
closed
36:7
closely
13:3
100:19
closing
53:23
clown 19:2
co-trustee
32:14
33:13,22
Coast
34:7,8,13
coincidence
215:23
coincidenta
lly 6:19
collaborate
188:5
222:25
collaborati
on 115:21
126:5,6,7
146:9
151:19
152:7
collaborati
ve 190:16
202:4
collaborato
rs 222:25
collateral
47:15
collect
93:11
collected
101:8
182:12
combination
12:17
comfort
142:22
commencing
5:3
comment
230:19,23
commentary
59:19
commercial
6:11,14
7:20 12:5
24:7,19
31:25
32:21
36:13
40:1,2,3,
11 46:24
48:6 52:7
commingled
200:16
Commission
199:5
commit
190:25
commitment
120:1,16,
17,20,21,
23 125:12
committed
77:1
175:20
committee
18:22
44:13
48:21
51:12,13
58:10,22
71:5
72:14
75:16
80:25
83:4,9
93:10,11,
95:15,19
96:22
105:1
108:25
146:15
148:2,17
150:12,18
151:1,9
152:17,22
173:7,17,
20 174:2
180:18,23
181:1,2,6
192:3,13
193:15
194:20
201:24
202:14
203:4,16
204:14
205:3,10,
13,14
207:9,19
208:14
233:11
234:19,24
235:3,6,
13,18
238:21
240:3
committees
108:19,23
109:25
110:1
157:5
common
11:25
communicate
11:25
21:11
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: claimed..communicate
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
129:23
131:8
136:10
communicate
d 96:9
communicati
ng 73:1
communicati
on 11:22
20:25
92:17
136:13
178:21
238:8
communicati
ons 30:1
87:21
92:11
100:16
147:17
161:14
178:20
211:8
236:12
239:9
company
22:19
34:13,15
117:9
186:10
Comparable
40:11
compared
24:14
164:4
compelled
209:19
compelling
62:11
compensate
212:7
compile
8:20 9:9
compiled
8:18
compiling
158:19
complained
15:3
complaint
26:19
141:18,
19,20
142:10,13
157:2
212:1
complaints
50:18
complete
8:19,22
78:11
84:5
125:21
167:7
229:19
completed
221:2
completely
7:4 37:6,
12 54:25
100:23
165:10
190:20
compliance
8:16
compliant
190:6
complicated
200:21
comply
196:15
197:25
compose
190:12
composed
224:13
compound
13:14
100:12
computer
133:18,20
224:4
computers
7:25
concede
149:9
conceived
150:13
concept
55:4
150:18
187:14
concern
79:7 83:2
85:9
98:22
152:25
155:17
156:24
184:16
concerned
13:22
72:5
74:22
75:6
79:16
155:1
156:5
214:11
concerns
16:20
85:15
143:10,16
156:14
180:8
concert
107:20
conclude
78:16
99:9
concluded
98:5
101:4,5
111:15
conclusion
58:20
76:19
98:8,13
103:20
110:25
111:14,24
116:1,11
163:4,11
165:17,
23,24
171:10
172:15
185:2,17
192:6
194:3
196:10,18
197:13
198:2
199:14
201:15
211:18
conclusions
67:2
216:9,13
condition
48:23,24
82:20
206:21
conduct
30:10
80:2
156:19
167:10,19
198:25
conducted
15:8
49:18
89:6
105:16
134:6
135:12
conference
147:20
confidence
17:11
86:19,20
87:8
confident
167:24
confidentia
l 86:3
87:22
92:17
157:22
188:6,16
confidentia
lity 85:23
confidentia
lly 85:15
86:4,5
confinement
62:15
67:23
confirm
131:22
206:14
confirmed
40:18
confused
178:15,
187:17
205:22,24
206:25
219:3,4
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: communicated..confused
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
confusing
153:12
confusion
178:1
connection
189:7
consensus
98:25
consented
43:21
considerati
on 43:20
considered
16:4 48:3
116:17
132:6
192:9
consistent
28:3
64:20
70:6
187:10
consolidate
d 8:4
120:12
conspiracy
115:23,24
126:4
construct
47:11
152:16
constructio
n 146:14
151:1
188:12
consulted
110:2
123:12
contact
19:8
113:23
contacted
53:3,5
78:10
contained
88:14
contending
160:12,
15,18,21
contention
161:2
171:6,7
contents
141:20
162:23
contested
79:22,24
contesting
90:1
106:24
context
85:25
continue
99:2,10
140:11,20
178:22
186:2
195:7
240:8
continued
74:15
continuing
74:14
110:23
contract
50:25
51:8
52:18
contrary
161:1
contributio
n 37:1,2,3
control
20:8
28:15
29:5
75:14
78:12
81:11
97:6
111:8,11
192:14
convened
99:11
convenient
216:2
conversatio
n 13:6
14:4,5
73:8
143:1
177:8
conversatio
ns 14:6
81:9
177:23
conveyed
75:11
convince
13:19
convinced
13:20
convincing
171:3
Cooper
12:21
13:11,18,
22 14:23
15:3,19
16:2,16
17:8
20:12
48:3
66:10
67:1 68:7
71:8
73:3,8
76:14
77:8
81:10
82:19
84:7
94:19
96:9
98:16
99:7
116:14
121:11
143:2,6,
10,15
145:16,18
146:7
152:1,10
153:16,24
154:14,
20,25
157:4,12,
22 168:20
172:23
173:5
174:6,24
175:3
179:9
203:14
206:13
219:3
221:15
223:13
224:14,17
225:8,21
228:9
231:10,17
232:6
Cooper's
143:3
206:19,24
227:6
copied
231:11
copies
109:9
123:11,17
124:21
142:6
224:5
copy
124:22
132:5
133:2,12,
14 142:10
145:17
217:10
corporation
35:9
185:15
corporation
s 198:16
correct
25:22,23
29:1,11
40:22
49:8
52:3,16,
17,19,22
68:5,12,
15,18
69:25
78:7,17
81:7
93:1,2
96:11,20
99:16
103:18
112:11
114:15
118:8
120:25
125:6
134:16
144:13
146:5
147:9
155:19
159:13
161:7,11
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: confusing..correct
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
174:24
175:3,4
177:25
179:2,3,
181:11,12
188:4
196:16
201:25
207:6
212:10,12
218:5
234:20
correctly
71:2
128:23
159:16
corresponde
nce 91:23
corrupt
99:1
corrupted
99:9
229:8
cost 25:17
49:1
53:18
75:8
158:14
169:2,20
185:10
186:6
cost-saving
200:23
costs
169:18
170:15,17
209:13
counsel
5:2 91:22
116:15
117:4
123:12
125:4
153:10
163:5
165:14
166:15
173:23
175:13
counsel's
161:6
counseling
137:25
counselor
44:16
52:24
56:12
89:23
113:7
117:9
168:24
175:10
180:4
200:19
211:20
223:4
225:13
227:10
count
163:25
counterclai
ms 194:17
country
20:23
21:2,9
100:17
174:9,13
236:1,19
239:18
county
15:8
34:17,19
51:24
64:8
65:12
69:14
70:12
75:8
181:24
185:3
211:25
couple
14:14
27:21
33:5
177:14
233:5
court 26:1
112:2
162:24
163:2
228:4
cover
41:2,12
208:24
233:4
coverage
57:12
covered
36:13
236:2
crashed
7:23
45:6,7
create
62:24
201:23
created
128:16
200:13
creating
233:10
creation
57:11
202:13
credibility
187:19
crimes
175:20
criminal
158:5
165:15
182:4
183:9,15,
16 184:2
211:25
criteria
134:13
Cross
200:20
cross-
examination
138:4
228:17
cross-
examining
139:1
crowd
102:21
culled
218:21
cumbersome
188:13
cups 45:25
curiosity
193:14
current
6:6 9:7,
10,12
32:4
157:13
Curry
126:20
207:8
223:13
cursed
102:18
cycle
81:22,23
D
dab 139:11
dad 32:21
33:7,16
34:5,9
40:5,14
43:11
dad's 34:1
35:10
damages
7:3
185:4,8
data 58:20
database
123:20
date 95:23
105:9,10
136:15
143:9,13
151:6
158:15
203:19
206:16
207:4
209:17
219:7,10,
220:17
226:2
239:18
dated
112:7
Dave
127:16
David
127:9,10
133:1
day 30:21
43:12
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: correctly..day
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
102:16,18
105:7,12,
113:14
175:11
186:13,14
206:21
216:5
219:2
221:14,15
232:24
235:2,9
239:17
days 36:14
63:19
104:24
133:5
138:24
139:5
204:6
215:17
230:4
DDS 33:1
deal 28:25
50:4
53:12
64:25
139:10
174:17
183:15
202:9
dealing
102:21
dealt
22:17
Dean 5:5
death
35:10
debate
89:6,10
decamped
222:24
December
39:1
118:3
121:24
122:6,
123:24
124:20
decide
48:15
49:5 66:7
100:1
120:21
145:6
decided
84:3
113:19
152:6
210:9
216:5
220:17
decision
50:19,
51:20
78:24
92:21
95:9
126:12
190:22
203:3
decisions
29:15
30:9
78:23
declare
189:24
declined
210:18
decrease
48:6
deduct
48:10
deed 50:25
51:8
52:18
defamation
119:14,16
225:18
236:13
defame
228:23
defaming
227:3
defaulted
47:17
defend
69:8
119:14,16
226:15
defendants
120:9
226:6
defended
15:1
defending
74:10
defense
64:9
120:11
165:1
169:6,9,
18,20
170:14,17
191:14
192:23
201:3
206:16
212:8
defenses
181:18,23
182:3,9,
10 183:11
187:13
192:1,4
defer
87:13
deferred
66:6
define
155:15
defined
156:6
definition
51:8
delays
180:13
deletions
188:20
delineated
19:25
deliver
42:9
104:15,20
delivered
58:8,9,21
167:6
delivery
8:19
democratic
44:12
democratica
lly 145:5
demonstrabl
y 65:21
66:3,13
denied
111:12
228:6
dentist
32:24
dentists
33:5
deny
107:17
115:2
137:5,6
170:11
179:1
206:14
depends
182:24
depo
145:20
177:6
232:15
deposed
23:18
deposit
63:7,14,
18 64:16
212:5
deposited
171:23
deposition
5:1,5
9:16
138:4
139:12
143:3
145:17
146:3
175:19
206:14,19
220:9
231:8,10,
17 240:11
depositions
175:12
describe
17:21
60:4
166:16
description
46:22
design
75:25
designated
59:6
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: days..designated
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
designs
145:3
153:6
desire
220:12
225:8
destroy
91:11
136:6
138:9
140:25
141:2
destroyed
88:1,4,12
89:2
92:1,4
destroying
91:17
detail
160:8
details
82:16
99:8
128:6
160:10
180:7
detective
208:8
determinati
on 108:4
determine
111:7
determined
107:24
detrimental
215:1
device
90:24
219:18,19
devices
34:16
devious
175:10
died 22:4,
15,22
33:17
34:9
35:16
43:11
differently
77:3
difficult
23:20
24:9 62:5
103:7
difficulty
14:17
166:1
dime
106:19
118:13
dip 47:2
dire 85:25
direct
64:15
directed
90:23
directing
87:11
direction
92:9
directly
171:24
211:6
director
82:8,10,
12 113:22
134:4
directors
82:5,15
87:21
91:14
92:22
93:10
101:11
108:4
115:11
127:24
184:4
185:13,20
237:21
directors'
186:3
disagreemen
t 75:19
77:6
disagreemen
ts 76:11
disagrees
129:21
disappointe
d 15:7
disappointm
ent 84:22
85:1,5
disapproval
85:22
disburse
210:9
disclose
190:14
disclosed
190:13
disclosing
202:2
disconnecte
d 218:23
discontent
99:21
100:22
discount
40:13
discounted
41:1
discover
216:6
discovered
186:6
discreditin
g 135:9
discrepanci
es 224:15
discretion
28:25
29:14
31:4
134:10
discuss
51:4,12,
15,17,20
71:16
73:10
98:16
179:14,18
222:2
discussed
53:21
75:7,16
99:11
147:16
150:20
152:14,
16,19,24
159:7
222:17
discussing
153:2
discussion
42:22
50:24
72:9 73:6
74:1,9
80:24
104:6
115:21
116:6
127:3
137:9
143:10
149:21
154:5,23
167:14,
17,20
180:7
181:15
184:3,5
207:20
208:4
228:14
discussions
14:23
18:21
52:14
disingenuou
s 193:5
211:21
disk 10:13
disks
10:19
11:6
disproporti
onate
21:22
dispute
58:14
79:19
222:13,16
disputed
176:25
disrepute
134:24
dissatisfac
tion 87:10
99:24
138:6
226:24
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: designs..dissatisfaction
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
dissatisfie
d 138:11
dissident
137:23
138:17
dissolution
33:20
distorted
211:21
distribute
229:18
distributed
30:3
202:7
216:11
217:14
distributio
n 69:10
128:17
151:7
disturbed
18:23
20:9
diverted
227:17
doc 144:10
doctor
86:10
document
17:16
40:19
125:24
133:25
145:23
155:21
157:20
193:12
230:21
documentati
on 123:7
129:12,14
161:3
207:16
208:2
documents
5:22 8:5,
6,12 9:3,
5,22
10:1,4,
11,25
11:4
12:12,19
14:22
17:7 35:5
80:23
117:21
125:9
127:11
133:9,
136:17
139:16,17
140:18
141:23
144:7
161:21
176:11,
14,17
229:22
231:9,11,
20 233:7
236:15,
19,23
237:6,14,
16,19
dollars
72:8 97:2
118:14
191:5
192:19
217:6
donate
27:21
43:13
121:7,14
191:13
192:22
193:5
donated
106:19
129:9
171:18
186:1
191:10
196:1,6
197:3,16
donating
182:2
donation
44:5
106:15
197:20,24
207:15
209:9,10,
13 210:9,
16 212:6
donations
47:4 56:2
60:6
61:20
62:24
63:1
168:22
169:2
170:10
174:23
177:4
187:2,7
191:19
192:11
207:20,23
donor
195:11,
196:13,22
donor's
211:16
door
103:6,13
114:3,15
doubt
168:5
down-to-
earth
77:25
draft
72:15
152:21
drafted
52:16,18,
21
109:13,21
163:18
174:3
202:10
204:21
drafters
181:5
drain
64:16
drained
121:2,5
draw 44:7
76:18
dream 40:1
dried 6:18
drive
46:16
drop
183:16
186:1
dropped
184:20
185:22
dry 7:21
due 39:12,
15 228:12
229:1
duly 5:14
141:20,22
duplex
32:22
40:2,3
42:17,19
46:24
duty
106:22
DVDS 36:1
dysfunction
al 220:23
E
earlier
43:3
70:23
75:7 96:3
103:22
109:24
116:5
140:17,23
146:10
203:23
218:7,12
236:3,8
early
19:17
29:24
80:9,24
96:22
108:5
125:16
214:5
easily
25:10
41:12
49:4
East 5:4
EB'S
174:23
economy
7:24 45:7
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: dissatisfied..economy
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
Ed 5:1,13,
20 8:9,10
85:21
132:17
143:19,
20,25
144:23
154:20,21
157:22
172:23,24
Eddie
171:21
195:14
212:5
edgollystud
io 133:2
educated
77:8
educational
12:3
Edward
5:21
effect
15:17
31:4
67:21
112:10
141:23
176:7
effectuated
226:14
effort
8:25
15:12,
31:16
45:25
61:4
123:19
133:18
148:16
152:20
156:23
157:1
202:4
efforts
14:12
61:7
109:24
145:4
elect
79:20,23
97:19
elected
97:19,23
134:5,
181:8
203:13
election
14:12,14,
17,24
28:21
58:6,11,
12 75:2
79:22,24
80:2,4,5
81:20,21
82:2,7
84:8 85:6
87:25
88:13,16
89:2
90:13,20
91:13
93:21
97:10
98:17,22
99:1,9,
13,15
101:3,4
132:7,18
134:6,7
154:23
155:2,8
221:1
224:14
228:10
229:6,7,9
232:8
240:3
elections
58:10,21
80:5
93:10,11,
95:14,19
96:21
105:1
154:16
240:3
electorate
88:19
electricity
41:2
electronic
60:5
111:6
133:14
227:20,21
electronica
lly 239:21
eliminate
170:9
174:22
eliminates
168:5
Ella 5:5
Ellenbeth
64:7 67:5
75:19
78:11
87:10
105:19
106:2
122:10,
19,22,25
124:7
126:20
145:2
152:25
161:15
166:24
168:22
169:1,6,
21 175:22
177:5
181:17,24
183:10
187:12
188:6
191:14,25
192:23
195:4
196:14
201:3,21
206:16
209:13
211:6
213:5
214:20,23
220:12
223:20
227:2
228:21
Ellenbeth's
183:1
187:2
else's
139:2
173:1
email
11:23
12:1,
13:25
21:2,11
30:1 51:3
54:18
74:8,10
78:2,14
93:16
96:13
97:11,22
98:1,9
99:4
117:22,23
118:2
121:24,25
123:5
124:19
125:6
128:14,23
131:15
132:9,14
133:1
136:25
137:1,3,
4,10
138:20
139:24
140:1,21
142:2
143:7
144:12,
15,21,22
146:23
147:6,18
148:8,9
149:6,7
153:5
154:4,14,
19
156:13,20
157:11
168:13,14
170:8
172:23
175:4,6
176:2,6
177:7
179:8,
184:13
186:24
187:1,23
189:12,13
210:17
211:7,9,
20 213:19
229:17
233:15
236:5
emails 9:6
11:2,4,5
21:6
73:25
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: Ed..emails
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
81:17
95:23
100:22
132:5
133:22
140:6
149:13
173:24
174:12
236:4,9
embezzle
38:2
embezzled
212:4,10,
22 213:3
embezzler
212:12,
15,21
213:2,7
227:5
emergency
110:18
111:21
employed
6:7,8,12
employment
128:5
empty 36:5
encourage
238:25
encouraging
59:16
end 42:2
111:21
126:7
131:21
138:23
163:25
185:7
188:11
228:2
239:7
endeavors
192:15
ended
33:18
50:7
60:22
endowment
23:2
ends 168:5
engage
24:8,9
25:1
engaged
65:9,11
67:6,11
70:10,16
129:7
131:9
135:8
209:21
entered
112:10
138:22
enterprise
52:7
Enterprises
34:4
Entertainme
nt 35:3,
38:21
entire
30:20
39:14
49:24
64:16
72:6
126:13
173:7
215:6,7
entitled
106:4
entries
160:4
161:9
envelopes
91:25
envisioned
25:1
46:23
episode
62:23
equal
165:23
equipment
24:10
equities
45:12
equity
37:9
equivalent
186:6
Eric
160:16
183:5
escalated
58:1
escrow
200:9
209:3
essential
229:15
essentially
37:5 46:8
121:3,
129:5
establish
19:24
29:18
48:9
171:10
established
17:15
23:2
44:23
52:12
63:15
110:1
establishin
g 18:21
72:13
95:19
estate
22:3
33:18,21
51:3
estates
22:22
estimate
64:4,5
136:1
ethical
43:20
Europe
174:11
236:9
evaluate
89:12
150:6
evaluated
48:4
event
210:8
events
19:18
20:24
137:16,
181:17
187:12
191:25
232:18
eventually
72:11
146:25
169:23,25
171:24
174:2,8
evidence
78:13,
90:15
99:12
111:17
171:2,3,
11,17,20
172:1,3
175:8
211:15
227:9
exact
46:22
98:2
134:23
169:24
177:3
216:5
219:10
220:17
examination
5:17
167:8
examined
5:15
excepted
117:9
exception
37:6 42:3
excess
72:7
191:5
192:18
194:13
exchange
124:3
exclude
140:12
excuse
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: embezzle..excuse
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
19:13
31:20
58:15
134:22
176:3
196:5
234:22
235:11,17
executed
15:14
exemption
51:10
exercise
84:6
exhaust
184:17
exhibit
117:18
118:1
121:16,
20,23
124:15,19
128:9,12
131:10,14
136:21,25
137:18
139:20,
23,25
141:3,6
143:2,6
145:16,
17,18,24
146:2
148:5
149:2,5,
16
153:11,14
154:9,12
157:11,
20,23
159:11
168:9,12
170:4,7
172:19
176:15
177:9
179:4,7
181:10
182:5
184:9,12
186:21
187:11,20
189:9,13
191:24
exhibited
202:16
exist 84:6
exists
87:19
expect
10:1
139:12
expected
206:22
expel
73:6,20,
21,24
99:14,
141:19
214:6
220:12
222:7
238:25
expelled
50:11
85:17
95:25
99:16
126:13,17
135:24
136:16
141:12,13
217:23
220:21
expelling
214:7,12,
15
expenditure
29:6
119:1
192:18
194:11,12
expenditure
s 19:4
30:8,10
71:5 75:7
161:3
expenses
25:15
41:13
43:17
129:13
159:6,13
165:4
185:3,8
192:12,14
195:17
196:14
197:9
200:1
201:18,20
210:19,
21,22
212:3,7
expensive
192:15
experience
15:20
23:22
51:2 76:3
expertise
66:7
expire
82:1
explain
7:12 24:3
122:8
123:22
204:16
205:12
explained
104:10,11
123:14
135:19
203:7
explaining
12:13
13:7
66:22
213:20
explains
148:25
explanation
161:17,20
explore
85:24
express
61:14
71:9
74:15
76:21
expressed
50:18
66:10
77:23
81:16
84:21
85:1,9,15
87:10
112:5
155:17,22
214:19
239:3
expresses
187:19
expressing
66:24
81:10
82:21
85:4
100:22
expression
86:18
228:19
expressly
159:24
expulsion
13:6 64:1
75:24
96:2
135:23
141:14,
15,17,21
142:10
147:25
222:4
223:20
227:2,4
expulsions
213:20
extensive
48:21
extent
162:22,25
163:3
201:14
233:12
extreme
214:25
extremely
77:25
175:9
eyewitness
206:9
F
Facebook
98:1
faced
184:19
fact 44:22
50:18
53:17
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: executed..fact
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
65:25
68:14,20,
22 69:1
83:3
84:15
88:9
90:15,18
98:9
104:7
131:22
132:25
155:17
166:4
173:18
183:3
187:6
199:17
203:24
204:12
205:1
208:23
218:24
224:17
facts
52:25
119:18
211:21
factual
76:10
232:18
failed
36:2
37:18
38:23
111:16
failing
36:23
fair 7:10
16:1,15
48:9 49:7
54:6
59:19
76:5
87:16
123:24
130:6
139:18
140:3
150:15
156:25
177:10
186:20
233:9
fairly
86:6
152:3
228:11
false 65:5
70:9
fame
228:12
229:1
familiar
26:25
125:2
158:4,7
family
6:16 7:5,
15 32:16
family's
7:8
fan 76:5
favor
49:14
68:18
108:17
185:2,5
202:17
February
127:2,4
fee 200:6
feedback
84:20
100:4
feel 55:19
145:5
161:4
165:12
feeling
62:16
96:19
feels
102:6
fees
118:15
119:2,7,
12,20,21,
24 120:2,
9 121:5,
10,13
190:25
197:3
203:21
204:1
fellow
30:4
132:17
felt 15:12
18:1,12,
19 19:3
20:1 30:5
60:23
61:19
72:6
74:24
75:7,9,12
78:14
95:17
103:9
136:5
150:1
155:24
156:10
232:7
female
76:15
77:3
festival
105:7
238:16
Ficarotta
160:13
figured
174:16
figures
158:22
figuring
17:8
file 102:3
138:25
162:24
183:17
filed 66:5
183:3,18,
20 193:6
194:17
211:24
fill 82:10
filled
59:5
200:1
filters
46:5
final
181:11
finally
12:23
13:8
52:11
141:13
finances
7:8
financial
6:17 7:1,
11 34:2
62:5 68:8
71:5
75:15
80:25
146:15
161:25
180:23
192:2
193:14
194:19
202:13
203:3,16
205:2,
207:9
208:14
215:24
224:15
233:11
234:19,
22,24
235:3,5,
12,18
238:20
financially
37:16
financing
53:10
find
27:16,18
48:5
52:12
85:19
142:3
146:19
176:13
216:10,16
229:6
finding
39:19
fine 12:13
104:19
139:13
160:10
178:11
229:4,13
237:3
finger
129:8
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: facts..finger
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
finish
65:7
186:17
221:5
finished
83:16,18
188:21
217:3
fire
174:14
fiscal
68:14
fit 26:12
112:22
fix 46:5
flexibility
30:17
flood 63:3
floor 42:8
46:4
Florida
5:4,6
9:17
27:12
57:2,7,19
67:7
116:23
145:8
164:25
182:17
183:3,5
185:15
194:11
198:13
199:2,4,
7,12
201:13
flush
24:15
FOC 207:22
focal
139:9
focus
60:9,13
61:9
62:12
97:7
213:18,23
214:1
focused
60:10
133:21
focusing
74:21
97:3
folks
151:9
152:4
196:6
follow
134:19
199:9
207:25
footage
52:8
Force
113:12
forever
228:22
forgotten
122:6
form 8:8
13:12,14
16:8,11
18:4,8,
14,18
19:10,21
20:5,17,
22 21:3,
12 26:13
28:16
32:17
37:11
50:21
56:4
57:3,21
58:17
59:10,22
60:18,21
61:16
64:13,23
65:6,14
67:24
69:20
71:18,24
78:20,25
79:14
80:20
83:24
89:9
91:19
92:10
94:14
98:2,18
100:25
103:19,24
105:3
106:8,17
107:3
108:13,21
110:8
111:13,22
114:4
115:7,15,
20 116:10
117:12
118:23
123:25
126:9
128:2,20
130:25
132:19
135:1
138:2
145:14
146:11
148:10
149:22
152:8
165:16
169:10,22
181:2
182:6
196:22
197:11
200:1
216:9
formal
71:17
112:2
235:16
formally
6:1
format
9:23
10:14,21,
24,25
11:5,8,11
144:1,7
formed
35:9
44:13
192:14
214:4
215:22
220:12,14
forms
164:11
formulate
215:8
formulated
174:1
forward
28:23
55:6 99:3
121:6
125:24
179:2
forwarded
101:7
132:23
forwarding
101:10
157:12
219:1
found
48:15
77:20
94:24
141:18
215:24
219:1
foundation
14:8,10
21:13
27:3
58:18
71:25
72:13
76:17
84:11
90:4
91:12
95:11
106:18
114:5
127:20
128:21
131:1
140:14
146:12
148:11
149:23
152:9,18
154:19
158:3
159:2
170:21
175:24
190:19
196:25
204:19
209:15
211:12
217:22
220:2
221:9,16
222:6
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: finish..foundation
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
225:11
229:20
239:1
founded
23:14
founder
24:25
25:24
26:5
27:16
40:1
46:23
177:15,
18,20
179:10
founding
145:8,11
four-five
39:2
Fourth
179:25
frame 28:6
38:20
168:21
framework
224:16
frankly
85:17
87:6
free 37:1
43:9,24
44:10
47:19
57:11,
165:12
227:20
freedom
27:2 62:9
freeze
93:5
frequently
110:14
friend
35:25
frivolous
66:24
front
12:15
89:6
103:13
110:17
137:21
159:7
162:2,10
166:23
167:17
190:24
219:6
228:2
233:17
froze
218:13
frozen
218:8
fruition
50:4
frustrated
140:2
full 8:19
111:20
166:18
fully
155:14
functional
66:19
fund 25:5
165:1
169:6
177:5
184:19
185:25
187:2
190:17
191:14
192:11,
23,24
193:6
200:13,14
201:3
206:16
210:18
212:3
fund-
59:20
fund-
raisers
175:2,22
200:3
fund-
raising
60:1,9,
10,14,20,
24 61:10,
15 181:16
187:12
191:25
210:6
fundamental
21:20
46:18
145:8,11
Fundamental
ly 24:5
funded
23:3
24:20
funding
25:3,4
184:21
196:14
funds 23:5
24:10
29:6,8,9,
13,15
37:17,19,
20 39:25
44:6
64:11
118:13,15
119:1,6,
23 120:2,
10 121:7,
14 134:23
135:8
161:4
165:19
166:17,19
172:3
181:15,17
182:3,8
184:17,18
186:1
187:13
191:9,11
192:1,4,
18,20
193:15,
23,24
194:12
196:1,
197:8
200:18
201:17
206:15
208:19,23
209:7
211:6,8
212:21
213:3,14
214:8,13
future
72:7
164:13
192:14
G
Gael
106:12,
107:13
118:2
122:5
125:16,22
126:21
128:19
129:4
131:18
133:1
135:8,
136:11
137:21
141:9
gained
106:23
Gainesville
19:7
21:10
100:20
Gale 119:9
gap 143:19
garbage
46:2
gather
182:18
192:19
gave 76:24
104:9
205:25
217:11
general
112:13
190:16
generally
160:5
generate
41:13
47:1,9
61:20
generated
58:4
generates
43:16
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: founded..generates
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
generic
160:9
generous
196:6
geographica
lly 30:2
give 5:9
10:3 16:2
30:9
38:20
64:4
65:12
69:16
70:12
123:21
125:13
134:10
151:14
152:13
173:6
177:1
180:11,
14,20
208:1
211:3
219:7
230:18
232:23
giving
69:14
86:24
glad 27:21
104:13
211:10
glancing
136:17
Glo 143:25
Gloria
19:1
51:15
83:8
100:10
121:11
128:17
143:20
144:19,21
146:17
153:7
156:24
170:8
174:20,21
179:9
223:13
go-round
176:24
go-to
23:15
goal 225:1
golf 117:6
Gollobith
5:1,13,
21,25 6:1
8:2,10
12:2,11
101:24
121:23
124:18
132:17
136:24
141:6
142:25
144:12
148:4
149:5
165:12
233:3
237:12
Golly
5:20,24
6:2 8:9
35:7
154:20,21
157:22
good 42:11
47:6
57:13,16
60:13
63:18
110:3
165:7
176:13
186:12
201:10
206:24
211:15
gosh 22:21
governance
198:17
201:10
government
26:8,19
69:11
graduate
12:4
77:22
86:7
Grady 15:5
65:19
66:1
68:10
69:13
183:14
184:23
185:1
grant
94:13
111:17
209:19,25
210:4
gravity
204:17
great 95:1
172:11
Greece
187:17
Greek
187:25
ground
39:3
214:6
grounds
213:15
group 8:25
17:12
28:23
79:6
147:12
150:1
188:2,5
190:17,23
229:12
238:17
groups
17:22
grow 59:8,
17
growing
60:12
grudge
55:19
guarantee
45:11
guard
152:3
215:4
guess 8:3
10:2
11:14
19:24
42:16
48:5
154:13
159:19
160:7
171:14
guidelines
198:15
199:10,24
guilty
172:12
gunfire
124:3
guy 11:3
77:13
122:9,19,
21 123:22
guys
225:22
226:15
H
half 28:10
35:18
39:15
42:16
63:5
105:17
hampered
30:6
hand 39:25
184:17
216:21
handed
142:12
214:23
224:6
handle
123:13
handled
201:6
hands
52:11
97:2
227:22
handy
157:14
happen
21:18
38:8
54:24
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: generic..happen
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
111:25
179:20
221:14,15
happened
7:21
12:12,13
35:12
36:19
39:8
45:18
58:23
72:12
92:14
146:25
158:11
167:12
179:23
180:5
191:20
203:22
205:13,19
206:9
217:7
218:16,25
219:8
228:4
happening
20:24
100:18
115:4
137:16
harass
70:21
122:22
harassing
66:6
harassment
65:11
66:25
hard 11:4
16:18
34:24
56:8
84:16
176:13
Harvey
36:9 37:5
Harvey's
37:2
hatched
36:10
head 124:7
heading
158:14
health
226:11
healthy
72:20
hear
102:23
heard
14:20
55:4 74:5
115:1
123:8
169:7
189:17
hearing
55:11
110:20
120:3
125:10
141:15
228:4
hearsay
210:12
held 23:13
51:6
71:22
91:5
181:17
187:12
191:25
233:21
hell 27:24
helped 9:8
37:16
129:10
223:24
helping
141:1
hesitation
43:21
hidden
166:20
225:9
hide 161:2
hiding
190:14
high 12:4,
8 77:21
higher
178:12
highly
77:8
hindsight
75:24
76:9
hire
118:12,22
hiring
116:14
history
12:3
22:14
107:15
109:2,19
hold 47:16
55:13
65:25
90:23
91:14
holding
226:3,7
home 70:9
73:14
174:10
homeowners
34:18
honest
117:8
honestly
130:10
honorary
59:6
106:14,25
hope
138:23
hoped
27:16
hostile
65:21
66:3,13
216:9
hound
56:12
house
17:1,3,5
42:4
146:22,
147:24
151:4
152:15
154:3,16
223:11
225:3
houses
16:23
71:15
115:5
189:3
222:25
housing
45:6
hundred
97:2
Husby
183:6
I
idea 13:10
25:19
43:2
50:10,12
71:5,12
110:3
217:13
227:6
228:19
ideas
51:18
identificat
ion 117:19
121:21
124:16
128:10
131:11
136:22
139:21
141:4
145:25
148:6
149:3
168:10
170:5
172:20
179:5
184:10
186:22
187:21
189:10
identify
102:9
128:12
139:24
143:6
168:14
184:12
identity
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: happened..identity
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
190:12
illegal
135:12,
14,17,19,
20 196:21
197:11
illegally
171:23
illegitimat
e 132:7
illustratio
n 7:21,22
illustrator
6:11,15
12:5
66:16
imagined
22:19
immediately
13:5
225:24
229:10
230:12
231:24,25
232:10
immigrant
188:1
immigrated
187:16
impact
59:8
implement
65:24
66:9
173:16
230:12
implementat
ion 194:10
implemented
82:16
141:17
implicated
135:18
implies
182:7
implying
110:13
185:23
important
104:18
219:9
222:22
231:25
impose
26:9
impossible
27:18
230:15
impractical
107:24
156:13,19
impressed
77:16
improper
112:19
138:3
154:19
175:24
222:6
228:16
improprieti
es 98:23
impropriety
215:24
in-camera
162:14
166:25
167:2,8,
11,19
in-kind
44:5
inaccurate
214:9
inappropria
te 19:17
54:21
102:20
112:19
151:14
197:6
inception
199:8
include
9:7 115:3
141:9
146:6
included
8:4
131:25
213:19
including
100:9
149:20
150:7
152:21
inclusion
204:10,21
income
30:12
43:16
47:1,3,9
186:7
200:1
Incorrect
33:14
227:16
incurred
193:4
indicating
119:2
indifferenc
e 79:4
individual
49:12
67:6,13
147:21
197:4
individuall
y 73:1
individuals
9:20
indivisible
57:7
75:21
infighting
214:25
influenced
88:19
inform
119:10
informal
112:4
information
49:4 70:3
88:17,19
96:12
140:13,18
158:1,15
216:25
informed
89:7
inherited
6:24
initial
133:8
initially
74:4
81:13
initiative
101:9
initiatives
24:20
injunction
110:18
111:4,17
125:10
185:4
228:7
innocent
172:12
183:2
inoperable
103:11
input 72:6
224:20
226:22
inquire
7:7
inquiries
48:22
insert
158:20
inserted
139:10
inside
114:16
166:8
inspect
123:17
125:15
inspection
166:25
167:2,11,
19
inspire
57:15
instant
29:25
instigated
59:24
69:10
146:17
150:18
214:24
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: illegal..instigated
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
instruct
93:4
160:1
instructed
130:19
insurance
36:13
45:12
46:13
186:4,10
insure
49:1
intellectua
l 77:6,24
intend
128:19
171:8
intended
57:1
92:17
115:13
212:6
intent
49:23
140:24
171:4
211:16
intention
54:25
83:12
119:21
180:23
intentional
ly 132:4
interacted
98:11
interest
37:9
47:13
50:9
51:14
53:25
71:9
113:18
125:8
130:11
141:1
155:9
194:6
215:1
interested
79:2
116:14
146:18
interests
94:8
Internet
36:2
interpret
163:1
interpreted
123:19
178:4
185:9
interview
85:3
introduce
110:3
introduced
108:16
invade
67:22
70:9
investigate
44:13
48:20
52:9
investigate
d 77:11
investigato
r 203:21
204:1,4
investment
62:10
invite
113:23
117:15
invited
123:5
invocation
209:20
Invocations
182:20,21
invoice
161:25
164:3
invoices
159:18
161:7,18
163:8,14,
21 167:7
168:4
involved
14:19
17:6,13
35:22
48:13
50:10
61:22
62:3
63:22
71:11
73:23
113:17
125:25
128:6
147:4
151:18
163:14
188:12
193:8
228:1
233:10,20
235:21,23
238:20
involvement
16:18
32:9 39:5
53:24
56:2
75:25
76:10
109:3
125:23
136:14
191:17
233:6
involves
182:18
involving
9:1
irrelevant
7:2 32:17
37:12
IRS 197:13
198:15,
22,25
201:13
issue 7:12
44:21
50:15
54:21
74:15
75:8 83:9
88:22
95:19
108:16
119:22
125:19
131:18,25
156:22
161:23,25
162:1
165:18
166:16
177:11,12
190:5
202:9
issued
88:16
97:11,22
162:3
236:12
239:10
issues
7:11
14:8,11
16:19
37:12
51:13
61:2
62:13
69:9
75:14
82:24
84:4
155:13,23
156:1,7
197:14
212:8
item
221:19
items
124:21
J
jail
175:14
James 20:4
100:11
121:12
136:25
January
43:22
127:1,4
jealous
55:25
56:5
Jealousy
56:14
jeez 38:3
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: instruct..jeez
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
98:17
202:18
223:3
jeopardize
178:7
Jessica
113:21
127:9
128:4
Jim 30:5
136:10
job 12:13
20:1
Joe 146:3,
4,22
147:4
173:12,
16,18
174:7
179:14,
15,17
203:13
Joel 71:9
John 63:25
105:19,25
123:1
126:20
159:16
160:19
179:18
181:24
183:9
187:5
188:6
189:16,
17,21
190:10,11
195:4
203:24
206:7
208:12
209:3
210:7,11,
15 213:7
217:12,
15,
223:20
join 59:16
Joseph
179:9
Judd 15:5
65:19
66:1
68:10
69:13
183:14
184:23
185:1
judge 7:7,
13 102:4,
14 110:17
111:7,12,
15 112:4
161:23
162:2,6,
8,10,13
166:23,24
167:10,
18,19,23
227:25
228:6
judgment
150:16
Judy 9:11
83:7
128:14
Julius
19:1
51:15
83:8
100:10
121:11
146:17
156:24
168:20
170:8
179:9
223:13
Julius's
153:8
July 73:11
74:14
80:24
151:4
154:14
158:20
168:13
169:1
174:7
177:21
179:8
184:3
187:24
189:13
193:12
June 12:21
14:13
16:15
19:13
21:21
28:7 43:1
49:19
66:1 68:6
73:3,11
74:8,14
76:2
143:1,7
150:15
151:8
153:5
159:6
234:7,11
junk 32:5,
7
jury
106:22
K
Kemker 5:3
Ken 10:17
Kennedy
5:4
key 103:8,
9 104:2,
3,20
106:1,2
150:8
keys 91:5
105:22,24
kids 12:10
Kieffer
20:9 54:7
59:24
60:1
61:19
63:10,25
64:15
73:21
84:9
91:2,4,
95:6,24
99:20
101:3,19
102:1
104:6
105:19,25
110:23
111:9
123:1
126:20
158:24,25
159:1,16
179:18
180:8
181:25
183:9
187:5
188:7
189:17,22
190:11
195:5
202:12,23
203:24
204:5
206:7
207:13,16
208:12,20
210:11
213:7
217:15,20
222:14,17
223:21
228:11
238:4
kind 6:21
7:23 17:8
23:14
25:10
29:25
40:19
45:15
51:20
53:24
56:6,9
57:8
70:15
97:5
103:8
113:13
123:22
134:25
141:15
180:5
200:10
205:25
207:17
210:8
225:9
kitchen
174:14
knew 94:17
122:18
158:10
167:7
191:18
202:25
238:10
knowing
239:13
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: jeopardize..knowing
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
knowledge
76:10
L
labels
58:8,21
lack 21:12
59:10
71:24
84:11
90:4
91:12
95:11
106:17
109:5
110:11
114:4
128:20
130:25
140:14
143:12
146:11
148:10
149:22
150:15
152:8
158:3
159:2
170:21
172:3
184:20
186:1
209:15
211:11
217:22
220:2
221:9,16
225:10
229:19
239:1
lacking
76:16
190:20
lacks
58:17
204:18
laid
201:21
Lakeland
46:16
85:4
160:16
182:17
184:22
209:21
land
172:11
landlord
32:6
49:24
103:17
language
72:16
109:22
173:21
laptop
222:22,24
Large 5:6
larger
41:5,12
47:9
49:25
largest
226:13
Larry
160:22
162:3
165:13
166:4
169:16
183:24
lasted
205:21
late 29:24
106:14,22
laughing
19:1
Lauren
127:10
law 65:10
70:11
86:7
117:6
187:19
laws 51:24
187:18
lawsuit
26:4,12,
14,16,17
28:3,7
37:13
65:23
68:7
79:19
102:7
159:20,22
160:16
163:22
168:5,7
171:6
182:22,23
183:1,2,
24 185:8,
14 193:6,
16
194:10,17
225:20
226:6,10
lawsuits
8:2 24:21
25:2
26:24
27:13
50:7
120:12
143:11
158:5
168:23
169:3
170:10
171:19
174:23
lawyer
86:10
92:11
116:9
158:14
161:10,14
lawyers
162:14
169:16
lay 72:13
lead 70:2
leading
44:8
98:23
99:21
100:6
224:17
leaks 46:6
leap
171:10
learn 62:1
learned
75:23,24
76:8
225:16,19
231:8
lease 39:7
40:15
42:12
103:23
leasing
41:5
leave
40:17
55:1
113:19
137:25
178:13
219:23
leaves
172:4
222:24
leaving
226:3
led 152:19
184:25
ledger
200:24
201:11
ledgered
200:19
201:4,8
left 42:6
113:24
127:8
128:7
163:10
183:18
218:21
226:6,7,
15
leftover
164:17,21
legal
5:22,23,
24 25:15
67:6,12
73:23
84:4
103:20
110:24
111:14
115:25
116:10
118:15
119:7,21,
23 120:2
121:10,13
125:4
157:22
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: knowledge..legal
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
159:12
162:23
163:3
164:25
165:17,
23,24
166:11
169:6,9,
18,20
172:14
177:5,12
182:9,10
185:3,8,
16 187:2
190:17,25
191:14
192:5,23
193:3
194:2,10
195:16
196:2,9,
14,17
197:3,9,
13 198:2
200:13
201:3,15,
18 206:16
209:13
210:19,
21,22
211:18
212:3,7,8
legally
102:10
legitimate
111:8
130:20
131:7,23
168:3
175:4,
229:5
letter
40:19
70:2
131:22
133:4,12
142:3,12
223:19,22
224:1,3,
6,7,16
225:5
226:1
letters
133:19,22
letting
92:13
level
106:15
levied
52:8
liability
35:9
184:4
185:14
liable
47:16
185:21
Liberties
27:9
libraries
39:9,12,
16,23
library
39:11
license
56:13
licked
106:20
lies
175:13,
16,18
life 12:5
106:14
113:7
114:10
lifted
129:8
Ligouri
160:19
liking
153:1
limit
138:25
175:14
limited
35:9
limiting
134:18
lined
114:3
lines
181:19
liquid
45:11
list 13:3
85:21
97:23
123:21
125:11,13
237:10
listening
236:23
listing
237:20
lists
237:7
litigation
36:20
38:11
50:7
125:25
129:7
186:9
192:16
193:11
live 37:19
lived 19:6
lives 85:8
LLC 35:7,
11
loan
193:25
locate
134:1
location
223:17
locations
71:16
115:5
lock 90:18
95:9
103:11,16
104:3,4,
7,20
218:19,22
219:16,24
locked
218:8
locking
219:19
locks
90:13,16
103:3
105:12,22
long 13:3,
8 14:13
25:6,19
32:15
33:3
47:20
79:8
92:12
148:21
151:20,24
206:2
213:16
219:21
225:25
longer
32:9 33:8
50:10,15
133:6
looked
10:4,6,8,
10,12
16:1
186:5
231:9
loose
219:20
loss 55:13
lost 50:8,
12 125:8
182:25
183:1
lot 10:24
11:3,22,
24 13:6
19:8
46:7,11
75:9
84:21,
117:22
136:12
138:6
170:14
lower
48:11
52:20
lowered
53:17
lowest
47:12
lunch
87:8,14
101:20,24
102:25
179:15
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: legally..lunch
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
180:6
lunchtime
86:25
M
Macdill
6:5
113:12
made 13:11
36:7 43:6
44:10,25
48:18
50:19
53:6 61:8
86:1,17,
19 115:10
157:1
166:12
171:19
180:12
204:7
206:11
222:17
224:5
233:16
235:6
mail 90:23
91:15
95:5
99:3,5
101:7
142:1,2
200:5
216:17,18
218:9,21
219:22,
239:23
mailbox
90:19
93:24
94:5
95:10
96:1
219:16
mailed
91:8
98:24,25
133:13
142:7
mailing
58:8
125:11,13
main 25:3
103:6
maintain
199:10
219:25
majority
88:9,15
89:16
97:12
145:4
223:6
make 8:19
10:2,
28:18
30:9
31:16
33:10
36:15
45:16
49:22,25
51:20
60:25
61:4 79:3
89:7
96:4,24
104:9
108:3,17
112:2
123:10,17
124:21
125:9,12
126:6
133:18
143:20
164:9
167:18
187:6
192:23
197:4
209:19
211:25
212:22
218:19
235:8
makes 44:9
156:12
making
6:25
38:18
46:12
86:21
194:1
230:19
male 77:2
malicious
183:13
mall 197:4
man 77:8
manage
30:5 46:3
managing
30:17
Manhattan
32:1,2
33:11
38:22
manner
50:19
manpower
43:8
manufacture
d 175:8
March 5:2
83:17
132:10
136:15
marine
187:25
mariner
187:16
mark 148:4
184:8
marked
117:18
121:20
124:15,18
128:9
131:10,13
136:21,24
139:20
141:3
143:2
145:24
148:5
149:2
168:9
170:4
172:19
179:4
184:9
186:21
187:20
189:9
market
6:17,20
7:23
45:6,7
48:9 53:2
Marks
138:22
Matt 12:21
13:1,2,
11,18
16:16
48:3
66:10
67:1 71:7
73:3,5,8
74:11
78:5,8
81:17
82:18
84:7
96:9,21
97:3
98:6,16
116:14
121:11
143:1,2,
10,15
146:6,7
149:24
152:10
154:14,20
155:9
157:12,22
172:23
173:5
174:6,24
175:3
176:2
179:9
203:14
223:13
225:8,21
231:10,16
232:6
Matt's
13:7 78:4
96:19
Matt-
cooper-
made-me-do-
it 12:18
matter 8:1
44:22
53:7
125:3
218:24
matters
193:11
Max 33:1,4
Mcconnell
33:1
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: lunchtime..Mcconnell
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
Mcknight
171:21
216:8
Mcknight's
209:3
211:10
217:13
meaning
23:23
means
11:13
17:25
26:7,8
27:12
109:21
173:15,21
185:7
190:1,9
192:20
196:8
222:1
meant
93:11
104:8
237:4
measure
200:23
mechanics
79:5
mechanism
74:18,
219:19
media 60:5
meet 71:15
79:17
90:8
113:16
146:20
147:23
179:17,20
180:18,24
189:2
192:3
meeting
12:23
14:1
29:18
39:14
43:1,4,22
49:17,19
71:17
72:10,17,
18 80:13
93:14
99:15,22
100:7
103:15
104:16,
19,24
105:1
107:11,
14,19,
112:20,
22,24
113:1,4,
13,15,18,
19 114:7
115:8,11
116:16
127:1,5
129:16,19
144:20
146:14
147:8,25
148:23
149:25
150:24
151:3,5,8
152:14,
19,25
153:3
154:2,8,
15
158:20,21
159:6
180:22
184:7
202:2,7,
22 203:2,
16,18
205:3,19,
20 206:6,
7,10,11
207:9,17,
21 208:6,
7 215:18
221:8
222:15,18
223:8,10
225:3,16,
20,23,24
229:16
230:4,5,
11 233:17
234:1,13,
16,18,23
235:2,5,
13,19,21,
24 238:4,
14,15,23
239:16
meetings
39:23
40:9
41:19,21
44:20
50:16
54:25
61:8
71:22
72:21
73:2,4
83:11
90:3,6,7
107:2,5,8
112:13,17
113:24
115:3
117:10,16
118:7
130:23
135:13,22
182:18
184:6
204:24
205:18
231:2
233:20
235:17
member
18:1
44:9,15
56:25
57:15
59:2,6,15
69:25
78:24
82:11
85:7 86:2
93:22
106:14,25
107:11,
14,19,21
108:8,24
110:2
112:20
114:8
116:22,23
121:16
122:11
125:16
126:12
129:1,21,
23
130:10,21
131:18,23
133:6
134:3,11
135:5,22
137:23
138:9,17
140:19
177:25
178:14,
23,25
179:1
202:21
205:12,14
224:22
226:21
237:23
239:14,24
member-
based
78:19
member-
driven
145:12
members
11:19,23,
25 16:17,
19 22:4
28:14,24
30:2 31:1
43:3,23
45:10,13
47:15
49:12
51:2
56:6,10
57:19,24
58:5,23,
24,25
59:17
60:6,11
63:3 69:8
70:16
71:14,15,
23 72:4,
10,20,22,
25 79:4,
13,20,21,
23,25
80:6,15,
16,19
81:1,7,24
82:23
84:9,21
88:8,15
89:7,21,
23 90:2,6
92:2
93:19
95:21
97:9,13
98:2
99:1,7,21
100:6
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: Mcknight..members
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
101:25
107:2,
110:7
112:17
114:7
115:4
116:13
117:15
118:7
119:10
125:12,
20,21
126:8,16,
22 127:7
129:22,23
130:3
132:17
134:8,17,
18 136:13
137:2
138:11
140:12,19
141:8,18
145:4,5,7
147:21,22
149:21
150:17
151:14,
15,17
154:1
156:3,5,
23 180:22
181:8
190:12
194:25
202:4,8
203:12
215:7
229:1,11
232:9
237:2,9,
10,21
238:24
membership
24:7
28:13
57:22
58:7,15,
19 59:5,8
60:12,17
62:25
63:2
84:16
89:6,15
91:24
99:5
107:25
123:21
129:20
130:4,11
158:12
213:20
229:7
231:22
memberships
39:11
47:3 58:9
memorabilia
117:6
memorable
149:17
memoranda
162:24
memory
35:2
133:19,20
137:15
148:3
206:22,24
mentioned
21:16
24:18
31:19,21
195:10
merchandise
39:11
42:1
merchant
187:16,25
mere
209:22
mess
126:23
met 39:9
89:24
90:1
104:23
147:25
148:24
190:12
193:15
195:1,8
meter
40:25
methods
59:21
60:2,4
mid-
september
75:3
middle
128:13
136:2
139:11
187:1
215:19
Miles
19:5,8
100:11,20
121:11
223:14
million
45:20
57:18
59:9
mind 20:6
92:12
166:7
220:12,14
minds
89:21
Mindy
84:25
mine 35:25
132:8
minimum
47:14
80:3
minor
154:8
164:4
minute
32:11
51:17
192:20
232:23
minutes
21:17
49:20
53:22
80:11,12
104:13
115:9
121:17
122:3,12
125:20,21
128:17
129:16
133:15
136:19
142:16
151:7,14,
17 157:13
159:9,11
204:14,
17,22
205:21
226:1
230:3,6
231:1
233:5,23
minutia
173:23
misappropri
ated 166:4
172:7
misappropri
ating
135:8
misappropri
ation
134:22
159:23
165:19,23
166:14,17
172:5
213:14
214:7
miserably
36:2
misogynist
76:25
misrepresen
t 111:10
misrepresen
tation
116:18
134:22
misses
135:22
mission
57:1
59:7,12
60:25
64:21
69:2,7,18
70:6
misstates
99:17
101:14
108:1,13,
21 118:23
119:18
120:4,13
122:14
123:2,25
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: membership..misstates
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
126:9
135:1
151:21
152:9
155:20
206:17
213:9
214:21
215:14
227:8
236:16
239:2
misundersto
od 178:22
modern
59:20
60:1
mom's
35:15
43:12
moment
56:24
137:14
205:1
moments
141:11
164:7
Monday
124:20
143:7
189:24
monetary
161:9
money 6:24
7:5 18:23
21:16,25
22:3,5,9,
16,23
23:11
24:3,20
25:7,12,
18 27:11
30:15,19
31:6,19,
21 36:7
45:2,8,9
50:1
52:10
61:1
63:6,17,
20,23
64:3,17,
22,25
68:15,24
70:25
75:9,13
129:9
160:24,25
164:7,10,
20,21,24
166:4
169:8,17
170:14
171:18
172:10
175:21,23
180:13
182:2
185:22,24
191:8
193:5
196:7,22
197:1,3,
10,16
203:25
204:2
207:14
209:5
211:10,24
212:2
217:8
monies
164:17
175:1
180:14
200:16
227:17
month
39:18
40:6,12,
18,23
41:2
104:22
105:11
141:14
month-to-
month
40:16
103:22
monthly
194:7
months
14:23
39:2
morning
196:4
203:23
208:17
mortgage
41:10
45:4
47:2,16,
18,21,22,
25 48:14,
15 51:6
52:12,15
mortgages
45:5
mother
43:18
mother's
32:13
33:19
35:6,11
51:6
motion
43:5,23
44:9,22
48:17
75:16
102:4,13
108:16,17
109:22
110:4
111:12
138:25
170:9
173:6,
174:22
190:3
192:17
194:9
221:23
222:7,10,
11,16
223:5
233:10,
14,16
234:19
235:8
238:3
motions
61:8,12
80:25
109:18,21
115:9
162:23
163:1
179:15,18
184:15
188:19
189:16,24
190:13
191:4
motivated
209:24
move 63:6
64:17
124:14
203:25
204:2,8
moved
34:22
40:14
63:23
64:3,18
128:4
209:7
movement
63:17
moving
63:19
multiple
73:14
Murphy
106:12,
107:13
118:2
122:5
125:16
126:21
128:19
129:4
130:20,22
131:19
133:1
134:3
135:8,
136:11
137:21
141:9
Murphy's
125:23
138:7
140:6
muster
80:3
N
naive
61:21
named
116:5
147:6
names
85:22
86:24
87:1
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: misunderstood..names
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
102:6
200:2
212:24
237:13
naming
87:1
Nan 18:13
100:10
105:19
121:10
146:3,4
179:9
203:11
217:25
223:14
narrow
98:9
nation
57:7
75:21
national
26:23
native
9:23
10:24
11:10,13
naturally
187:11
191:24
nature
69:15
necessarily
23:23
130:9
209:16
needed
27:25
33:9
53:15,18
64:9
66:15
74:1
75:14
78:13
82:24
96:18
155:14
156:10
178:6
180:13
203:21
216:10
news
202:13
newsletter
85:3
88:18
166:16
219:8,10,
13 229:17
237:22
newsletters
237:1,20
239:21
newspaper
85:4
newspapers
57:12
nice 117:8
Nichols
127:10,16
Nicholson
128:7
Nick
160:13
Nielsen
110:18
227:25
228:6
Ninth
179:25
nonmembers
117:15,17
North 73:9
157:12
168:13
179:25
Notary 5:6
note 45:11
47:17
194:6
notice 5:2
93:19
notificatio
n 239:15,
25
notified
141:21,22
142:1
notifying
133:5
November
13:4
16:16
19:14
28:8
33:19,22
74:10
96:2
99:15,22
107:10
112:25
116:17
213:23
215:18
218:4
221:8
229:16
230:4,11,
23 231:12
234:1
235:24
236:11,12
238:1,4,
22 239:8,
10,16
number 8:5
58:20
80:3 82:1
117:18
121:20
124:15,19
128:9
131:10
136:21
139:20
141:3
145:16,
18,24
148:5
149:2
153:16
154:9
164:16
168:9
170:4
172:19,22
179:4
184:9
186:21
187:20
189:9
numbers
58:14
60:12
O
oath 98:20
106:21,24
124:11
219:15
224:2
object 8:8
13:12,14
16:8,11
18:4,14,
18 19:10,
21 20:5,
17,22
21:3,12
26:13
28:16
32:17
37:11
50:21
54:11
56:4
57:3,21
58:17
59:10,22
60:18,21
61:16
64:13
65:6,14
67:15,24
69:20
71:18,24
80:20
83:24
85:10
88:21
89:9
91:19
92:10
94:14
98:18
100:25
103:19,24
105:3
106:8,17
107:3
108:13,21
110:8
111:13,22
114:4,18
115:7,15,
20 116:10
117:12
118:23
119:18
123:25
126:9
128:2,20
130:16,25
132:19
135:1
138:2
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: naming..object
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
139:6
145:14
146:11
148:10
149:22
160:1
162:22
163:3
165:16
167:15
169:10,22
182:6
197:12
223:3
230:18,21
objected
54:7 95:4
106:21
objecting
60:22
203:1
objection
6:25 18:8
19:15
29:2
54:9,23
55:7
62:18
64:23
67:8,17
69:3,4
76:6,16
77:4,15
78:25
84:11,18
88:20
89:18
90:4
91:12
94:6
95:11
97:15
99:17
100:12
101:14
108:1
109:5,16
110:24
115:25
120:4,13
122:14
123:2
126:24
127:20
129:24
130:5,13
134:14
138:19
140:4,14
143:12
144:14
151:21
152:8
153:7
154:6,18
155:5,20
156:16
157:7
158:3,8,
16 159:2
165:22
166:10,25
167:13
168:1
170:21
172:14
175:24
176:5
178:16
185:6,16
188:8,17
189:4
190:19
192:5,25
193:18
194:2
195:18
196:9,17,
24 197:22
198:1
199:13
200:17,25
201:14
204:18
206:17
207:1,5,
24 209:15
210:23
211:11,17
213:9,24
214:21
215:5,13,
25 216:3
217:17,22
219:5
220:2,15
221:3,9,
16 222:6
223:2
224:19
225:10
227:8
228:3,16,
24 229:3,
19 230:16
231:13
232:1,5,
14 236:6,
16
237:15,24
238:5
239:1,11
objections
202:24
obligated
43:18
obligation
102:6
observation
114:14
observe
107:11
123:7
observed
107:7
obsessed
56:13,17,
20
obtain
123:20
obtained
70:24
obvious
122:9
125:22
129:3,4,
11 140:5,
23
occupancy
40:7
43:24
occupation
6:6,10
36:22
occupying
46:22
53:25
occur 8:22
22:2
35:17
135:25
146:24
157:18
occurred
34:23
42:16
96:2
151:8
163:11
166:13
occurs
13:4
171:11
October
12:25
28:22
44:23
78:3
81:16
90:18
91:2
93:13
96:9,22
103:1,4,
17 105:8,
9,18
214:17,19
215:12,19
218:12,
219:13
228:10
233:19
234:5,8
235:19
238:13,
15,20
offer
47:12,13
53:6
162:19
239:23
offered
34:18
36:4 40:9
45:11
47:5
53:20
104:16
161:17,20
167:11
210:17
offering
45:13
offhand
24:23
office
19:23
32:21,23,
24 33:9
48:6
92:25
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: objected..office
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
95:18
99:4,6
101:10
103:2,3,
10 123:6
162:4
189:2,8
216:17
218:8,14
219:25
220:18,
21,22
221:11
officer
23:13
29:19
69:24,25
93:1
100:2
104:21
177:25
217:4
officers
41:23
60:11
70:18
74:2 91:3
92:1
97:8,14,
19 105:17
106:4
134:17
135:4
145:6
150:8
157:3
181:7
188:3
190:24
200:2
216:22
221:20
222:12
231:22
officers'
186:4
official
73:4
115:8,10
223:16
offset
169:2
one- 35:1
ongoing
97:10
185:14
Oops
187:24
open 72:10
97:24
112:13,17
117:11
123:24
219:17,22
opened
55:23
91:20,22
171:23
216:19
218:20
opening
90:25
operate
24:8
29:20,21
46:25
110:23
115:14
operated
22:13
24:14
operates
114:24
operating
31:3
41:13
operation
30:6
35:22
operative
170:16
opining
51:14
opinion
61:14
77:18
78:1
88:12
112:4
187:19
212:2
214:5
215:22
opinions
215:9
opportunity
69:2 90:8
100:1
162:13,16
177:1
222:4
238:9
oppose
64:14
opposed
49:7,14,
15 142:2
order
101:10
102:4,13
103:15
112:10
126:6
138:25
162:24
199:10
219:1
222:19
organizatio
n 9:8
10:11
20:2
21:23
22:5,12,
14 23:6,
14 24:2,6
25:1
27:12
28:4,9
30:6,11,
14,17
31:15
39:8
40:17
41:24
42:1
43:5,14,
24 44:2,
6,7,12
45:2
46:15,23,
25 47:1,
5,7,12,17
51:7,11,
21,22
52:1,6
54:15
56:3,8,11
57:8,16,
20,24
58:9
59:7,18,
21 60:13,
25 61:19
63:4,11
64:21
65:13
67:12
69:1,7
70:25
74:20,23
78:12,19
79:5
81:11
85:16
94:9
95:25
96:10
97:1
98:7,11
99:23
101:13,25
104:22
106:13,20
107:15,21
109:19
111:9,11
112:9
113:15
114:7
121:13,15
129:6,9
131:7
134:24
135:10
136:7,8,
20 138:10
140:25
141:2
145:12
166:8
171:22,24
184:18
185:24
186:7
190:25
191:1
192:14
193:7,24
194:1
196:2,7,
15
197:17,25
198:13
199:3,9
200:4,8
207:21
209:20
213:4
214:12,24
215:2,6,8
217:24
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: officer..organization
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
226:23
227:12,24
228:12,22
232:10
237:2
organizatio
n's 97:25
118:13
119:1,3,
12 121:8
166:19
182:12
197:18
201:20
214:14
organizatio
ns 26:24
27:8
62:2,4,12
69:15
70:13
198:19
original
80:18
82:13,14
107:23
144:1
originally
161:20,22
Orlando
113:11,
22,23
128:4
ostracize
132:18
outcome
61:11
outlined
126:14
134:19
141:16
224:14
outrageous
67:21
outspoken
76:14
77:1
outstanding
159:19
outvote
137:23
138:18
over-
focusing
60:24
overcrowd
112:24
overflowing
45:24
overlapped
34:10
overruled
61:12,13
oversight
18:22
71:5
72:13
75:15
80:25
146:15
148:1,17
150:12,18
152:17,21
173:17,20
180:18,23
192:3,13
193:15
194:19
201:23
202:13
203:4,16
205:3,10
207:9
208:14
233:11
234:19,24
235:3,6,
13,18
238:20
Owens
18:13
100:10
105:19
121:10
146:4
179:10
203:11
217:25
223:14
owned
32:12,24
33:12,16
34:5 42:1
46:8
47:10
51:7
ownership
35:13
51:25
P
p.m.
101:22
142:23
233:1
240:11
package
9:4
pages
118:1
240:9
paid 15:24
46:13
47:21
114:6,8
159:15,
16,17,20
171:24
183:5
200:3
204:4
207:14
212:8
227:22
paper 11:4
124:25
239:22
paragraph
118:11
131:21
168:18
174:19
189:20
paragraphs
131:17
pardon
60:20
160:19
210:5
234:14
parents
6:24 7:16
Parish
113:21
127:9
128:4
part
29:10,24
33:20
34:1 48:7
51:13
59:7,12
82:13
94:2
109:22
118:6
135:17
144:19
146:9
163:8,10,
21 165:2,
6 170:16
183:14
211:23
213:16
participate
178:8
participate
d 18:21
63:19
participati
on 127:25
138:7,12
parties
8:6,9
13:7
parts
11:20
party
167:17
182:22
pass 22:20
passed
80:15
81:6
past 22:17
60:7
173:12,18
174:7
175:9
pay 25:21
36:6
38:16
41:15
45:4
47:1,9
116:15
118:13
119:6,21
176:7
182:9
193:1,3
203:25
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: organization's..pay
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
208:8
paying
25:22
38:17
46:12
106:7
121:13
196:2
payment
47:14
159:25
197:5
216:12
payments
38:18
194:7
Paypal
191:11,
13,16,18,
21 204:10
207:14
209:8
212:5
227:20
PDF 144:7
peak
206:22
pending
131:24
178:20
people
16:4
17:11,20
22:4,15
23:20
53:3
54:19
56:2,6
57:15,19
59:9,
62:16,21
69:16
74:11
79:2
85:15,17,
22 87:2,
4,6 95:4
97:13,23
100:9
102:7
105:15
112:21,23
113:1,16
114:23
116:20
117:8
121:14
126:5
127:12,15
135:16
148:17
151:18,19
175:10
182:2
188:12
203:6
214:15
218:8
222:3
227:2
people's
16:23
29:10
71:15
115:4
237:13
perceive
26:20
62:10
76:25
perceived
69:22
percent
48:11,12
79:14,15
183:21
perception
59:23
77:5
perceptions
187:17
performance
99:25
206:22
period
23:11
33:12
59:11
81:25
140:11
168:25
208:8,20
periods
35:1
148:21
permission
237:13
person
23:15
71:4
77:18,25
109:3
113:10
136:8
150:23
151:24
165:25
171:4
199:18
233:13
person's
100:16
197:9
personal
9:15 99:4
116:9,13,
18 158:25
170:17,20
175:2,22
181:18,23
182:3
183:1,11
184:4
185:14,25
186:10
187:13
192:1,4
personally
32:12
68:17
116:8
120:10
185:21
194:1
persons
223:18
perspective
170:13
173:14
persuade
38:4
persuaded
12:24
pertain
181:16
187:11
191:25
193:7
200:4
pertained
51:24
pertaining
14:11
Pete 180:1
Petersburg
147:3
Peterson
20:4,
100:11
121:12
128:14
136:10,25
137:3,21
138:15
petition
52:20
67:25
petitions
67:20
phone 74:6
210:15
photocopies
10:18
phrase
9:16 26:4
73:25
74:19
134:23
176:25
physical
48:23
206:21
physically
109:12
pick
210:15
233:4
picking
121:5
piece 37:2
216:18
pin 73:17
Pinellas
34:17
place
35:14
47:18
63:10,12
72:9
90:24
91:7
95:17
134:13,15
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: paying..place
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
146:19
147:1,15
148:25
154:3
180:9
198:17
213:21
223:16
places
16:24
Plaintiff
5:2
plan 10:17
36:10
42:11
99:14,19
planned
15:14,17
planning
78:11
81:10
124:3
226:14
Plant 12:9
plastic
219:19
plates
56:13
play 56:14
played
226:13
pleading
7:2
pleadings
160:3
163:12,18
pleased
82:20
plumber
46:6
plumbing
34:13,16,
19 48:23
plural
108:22
PO 93:5
101:8
102:25
218:7
Podolak
127:10
128:7
point 15:9
17:7
20:15
31:8
41:10
42:21
52:13
83:4
86:24
98:14
119:5
120:25
121:1
122:24
124:6
139:5
153:21
161:6
163:23
164:2
180:25
186:12
216:7
217:20
point-
person
139:10
pointless
84:6
points
164:4
policies
39:12,16
45:12
policy
30:18
31:17
71:14
134:15,
19,
135:21
political
15:20
173:8
Polk 64:8
69:13
75:8
181:23,24
211:25
popular
39:13
popularity
39:15
Porter
6:25 7:10
8:8
10:16,22
11:2,12,
16 13:12
16:8,11
18:4,8,
14,18
19:10,15,
21 20:5,
17,22
21:3,12
26:13
27:20
28:16
29:2
32:17
37:11
50:21
54:9,23
55:7 56:4
57:3,21
58:17
59:10,22
60:18,21
61:16
62:18
64:13,23
65:6,14
67:8,15,
17,24
69:3,20
71:18,24
76:6,16
77:4,15
78:20,25
80:20
83:24
84:11,18
85:10,14
86:15,23
87:13,
88:20
89:9,18
90:4
91:12,19
92:10,20
94:6,14
95:11
97:15
98:18
99:17
100:12,25
101:14
102:3,12,
16,24
103:19,
21,24
104:1
105:3,5
106:8,17
107:3
108:1,13,
21 109:5,
16 110:8,
11,24
111:13,22
114:4
115:7,15,
20,25
116:10
117:4,12
118:23
119:9,18
120:4,13,
17 122:14
123:2,25
124:22,24
126:9,24
127:20
128:2,20
129:24
130:5,13,
15,25
132:19
134:14
135:1
138:2,19,
23
139:13,18
140:4,14
143:12,18
144:5,9,
145:14,
19,22
146:11
147:10,13
149:10,22
151:21
152:8
153:7,11,
14 154:6,
18 155:5,
20 156:16
157:7
158:3,8,
16 159:2
160:1,8
162:17,22
163:12,
17,23
164:12,
16,21
165:16,22
166:10,14
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: places..Porter
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
167:13
168:1
169:10,
19,22
170:21
171:5,12
172:14
173:1
175:24
176:5,16,
21 177:3,
10,12
178:16
185:6,16
186:12,
15,18,20
188:8,17
189:4
190:19
192:5,25
193:18
194:2
195:18,22
196:9,17,
24
197:12,22
198:1,7,
10 199:13
200:17,25
201:14
204:18
205:16
206:17
207:1,5,
24 209:15
210:1,23
211:1,11,
17
212:14,
17,20
213:9,24
214:21
215:5,13,
25 216:3
217:17,22
219:5
220:2,15
221:3,5,
9,16
222:6
223:2
224:19
225:10
227:8
228:3,6,
16,24
229:3,19
230:16,18
231:13
232:1,5,
14,25
234:5,8,
11 236:6,
16,25
237:8,15,
24 238:5
239:1,11
240:10
portion
41:15
52:5,6
141:7
163:22
164:23
165:3
168:8
207:11,12
portions
164:3
position
21:20
23:13,15
51:19
65:22
70:20
107:23
117:10
138:21
166:3,11
178:19
213:1,3
positive
113:6
206:3
235:5
possession
42:16
123:20
possibly
80:9 83:8
85:19
238:22
post 57:11
92:24
95:18
99:4,6
101:10
216:17
218:8,14
219:25
239:24
postal
90:22
93:4
103:1
posting
97:25
potential
51:5
61:15
potentially
191:1
power
13:18
30:9,20
40:25
64:15
94:13
126:11
222:23
224:22
practical
66:18
practically
226:21
practice
65:10
70:11
71:13
105:21
117:6
201:10
praising
60:16
prayers
182:18
preapproval
71:1
precise
161:6
predate
231:11
predetermin
ed 181:7
prefer
11:8,10
preferred
97:11,18
premature
52:14
preoccupied
174:16
preparation
220:9
221:7
231:8
235:23
prepare
229:16
231:19
prepared
68:22
104:23
123:21
221:10,
18,22
preparing
230:2
preponderan
ce 171:2
present
23:18
72:10
83:15
117:9
152:22
174:3
176:10
188:23
202:3
206:7
207:8
235:14
238:13,16
presented
48:16
72:14
78:15
176:12
207:16
223:19
224:9
presidency
97:5,6
98:10
214:24
215:10,16
president
9:8,10
19:23
29:4,20,
21 30:4,
9,16,19
31:4,12
70:24
101:12
104:21
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: portion..president
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
150:7,8
156:4
181:3
215:10
220:13,
19,22
press 85:2
88:17,22
pressed
190:11
presume
152:17
236:19
presumed
53:4
221:21
presumption
232:7
pretty
12:13
20:9 25:7
39:21
46:20
58:2
129:3
203:7
211:15
225:21
238:23
prevail
120:3,8
prevent
66:22,23
90:24
110:22
150:13
previous
60:11
previously
143:2
152:18
price
45:19
48:10
52:12
53:8,16,
21
priest
86:9
primarily
59:24
224:13
primary
29:5
principal
221:19
principally
28:7
principles
145:8,12
198:17
print
217:10
printed
109:12
133:13
237:10
printer
104:15
prior
24:14
34:1
57:20
75:19
85:6 96:9
99:18
101:15
105:21
107:10
108:1,14,
22 118:24
120:4,13
122:15
123:2
124:1
126:10
135:2
151:21
152:9
191:2
202:7
206:18
213:9
214:19,21
215:14
231:1
239:2
priorities
178:12
private
125:11
208:8
221:22
privilege
86:2,6,
14,16
87:7,18
102:10
160:6
pro 27:17
problem
39:10,22
87:4
104:14
procedure
63:9
156:25
180:9
procedures
74:23
126:14
141:16
proceedings
86:16
process
14:17,24
17:8,13
28:21,23
31:7
33:20
38:17
40:9
58:11,12
75:2,16
83:13
84:8
89:5,10
91:17
127:18
133:24
155:8
193:2
233:10
238:21
procure
208:7
produce
9:6 10:1,
16 24:10
109:9
139:16
142:15,19
162:4
produced
9:6,22
10:13,25
125:24
168:4
175:8
producing
140:1
226:17
product
160:5
production
8:5,12,
20,22
9:15
129:12
133:9,17,
25 211:7
productions
9:20,21
productive
150:2
profit
41:14
43:18
profit-
generating
43:15
profitable
36:16
program
34:20
projects
24:8
promised
25:16
promissory
194:6
promote
69:2
promotes
57:8
promptly
180:12,
18,24
pronounced
75:1
pronouns
69:3
proof
170:20
176:25
177:3
proper
65:20
66:2,12
69:19
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: press..proper
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
74:22
properly
15:17
199:23
properties
35:7
44:14
45:19
property
32:8
33:25
35:10
36:5,12,
13 41:16
42:23
44:10
46:3
47:19,23
48:6,9,24
50:9
51:10,25
52:3,20
65:12
69:11,14
70:12
111:6
227:17,
19,20,21
proponent
50:12
proposed
109:13
173:5,22
proposition
36:5,15
44:25
45:16
46:20
51:1
prosecuted
185:1
prosecuting
185:11
prosecution
183:14
protect
65:20
66:2,8,
12,15
85:14
94:8
102:7
protection
63:10
protective
102:4,13
138:25
prove
167:21
171:2,8
proven
172:12
provide
49:4 68:8
111:16
116:15
123:6
136:14
162:16
provided
129:13
161:4
providing
121:10
provision
82:9
public 5:6
39:9
41:21
53:7
69:14
112:13
117:11
169:2
182:18
publicity
56:1,12,
23 57:10
58:4
68:24
106:23
publicly
86:19,21
publish
166:15
237:21
published
240:1
pull 46:5
144:8
pulled
13:25
54:22
218:23
219:22
purchase
42:22
43:6
44:14
47:7
48:10,18,
20 49:6,
24 51:5
52:11
186:8
purchased
46:15
purchaser
55:15
purchasing
48:8 50:9
pure
195:19
227:9
239:11
purely
77:6
89:20
100:4
purge
127:12
purported
108:11
purpose
33:3
64:25
68:15
81:22
136:6
137:9
138:8
169:13
195:16
196:2,14
201:18
208:6,7
purposes
79:18
209:13
pursuant
5:1 40:15
pursue
26:24
27:12
pursued
68:7
push 50:10
put 12:15
37:17
45:18
47:15,
52:24
53:1
62:14
63:10,12
72:17
92:4,7
99:25
122:9,19
143:9
150:5
175:9
187:18
188:13
190:23
202:10
215:18
226:24
229:17
237:13
putting
56:21
57:6
180:9
226:18
Q
quarter
90:9
question
21:18
44:8
55:22
87:9,13,
24 88:21
90:11
92:19
94:3
97:17
100:12
130:15
132:20
137:11
138:15
143:18
144:9
154:2
157:9
163:19
166:6
168:3
170:16
171:15
174:5,6
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: properly..question
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
188:9
190:20
211:2
212:14,17
221:25
222:2
225:13
231:14
237:12
questionabl
e 82:3
questioned
155:10
190:8
questioning
85:11
questions
13:13
102:2
162:25
171:13
172:5,6
174:22
176:19
200:3,4
232:16
quick
142:22
205:20
quit
135:23
quorum
79:3,10,
12,14,17
quoting
153:15
R
raise 43:2
169:17
170:14
184:18
raised
156:24
164:25
181:15
182:8
192:4
206:15
raising
54:20
59:21
169:8
ran 37:5
88:13
185:22,24
203:12
210:7
random
156:5,6
ranged
45:19
rarely
79:2
rate 47:13
72:5
194:6
RDR 5:5
reached
98:13
react
202:12
reaction
12:16
13:10
94:23,25
100:4
202:15
read 10:8
89:3,11,
21 137:14
154:4
163:8,12
170:25
177:7
213:12
231:19
reading
105:8
149:18
159:16
192:17
238:16
ready
221:23
230:11
reaffixed
219:24
real 51:2
82:20
212:11
realistic
45:16,21
reality
79:1
realize
188:1
realized
39:25
178:6
214:15
realm
191:15
realtor
48:12
53:5
reason
47:6,25
62:11
66:4
72:11
76:4,25
87:5 88:7
89:14
103:6
126:1
128:8
134:11,12
148:8
151:11
172:10
175:5,7
192:2
202:11
209:18
236:4,7
reasonable
180:12
rebate
34:18,20
recall 8:6
14:16
15:23
17:4
61:17
73:24
75:12,22
78:3 80:5
82:18
103:6
106:1
107:16
109:17
110:10
121:25
123:10,19
125:13
127:14
128:6
130:22
132:24
137:2,4
140:1,15
144:12
146:25
149:6,15
151:12
154:7
156:1,22
157:1,2
168:21,25
170:8
173:14
180:10
184:5
191:6
202:2,15,
25 203:15
211:9
233:15,16
238:10,19
239:18
receive
88:15
173:3
191:19
236:5
received
8:14 21:7
33:25
88:9
89:2,16
135:24
141:17
148:9
162:20
175:1,22
207:21
239:15
receiving
37:8
121:25
132:24
137:3,5
149:7,15
170:8
recent
86:7
recently
8:18
recess
54:4
101:22
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: questionable..recess
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
142:23
233:1
recite
162:23
recklessly
75:13
recognition
106:23
recognize
124:19
131:15
172:23
189:12
recognized
30:16
102:10
recollect
98:21
recollectio
n 118:21
137:8
152:13
200:7
233:8
recommendat
ions 83:10
recommended
88:8
97:13
reconfigure
61:9
reconnected
218:23
reconstruct
ed 144:2
reconvene
99:15
record
11:7
30:23
53:7
69:12
89:1
128:13
136:19
139:25
163:16,20
164:8
182:16
183:22
201:12
212:11,23
220:11
224:4
recorded
15:13
49:12
202:19
recording
202:20
records
42:1,3
48:5 49:3
57:23
58:8
63:16
201:12
219:25
220:10
233:22
recover
37:19
119:20
120:9
185:10
227:16
recovered
7:24
91:15
185:3
recovering
95:16
recurrence
226:4
recuse
54:25
recused
40:8
43:25
48:17
Red 200:20
redact
129:16
redacted
125:20
128:19
129:14
151:17
161:7,18
162:21
163:8,10
reduce
52:2,4
reduced
28:10
reelected
228:11
refer 42:5
reference
156:12
168:16
referred
169:5,7
177:14
referring
17:16
68:10
91:1
113:10,
118:25
161:19
183:11
198:5
237:19
reflect
12:19
53:22
161:13
refrain
86:23
refresh
118:21
137:7
148:3
refreshed
233:8
refused
104:17
125:13
164:18
165:1
refusing
123:10
register
199:3
registered
51:23
199:6,11
regular
63:8
113:15
219:23
regulations
197:14
198:18
199:10,24
reimburseme
nt 201:19
Reinhardt
20:21
36:8,9
37:7
48:19
71:9
100:11,
17,23
147:4,7
148:19
173:12,19
174:7
179:9,15,
17 189:25
190:1
203:14
206:25
219:4
223:13
233:8,9,
20 235:8,
14,21,23
236:4
240:2
Reinhardt's
37:3
146:22
147:23
205:8
233:6
236:14
reinstall
219:21
reinstate
25:9
rejection
110:6
related
23:19
50:17
relates
154:2
relating
191:8
release
165:2
released
91:14
releases
85:2
88:17,23
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: recite..releases
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
relevance
193:18
reliably
39:22
religion
27:2 62:9
religious
26:9
65:13
69:15
70:12
religiously
106:21
relying
114:11
remain
36:16
remained
35:15
remember
14:3,22
17:13
21:5
23:1,21,
24 25:15
31:23
33:4
34:15,24
55:8 67:3
71:11
73:5,15
74:21
81:10
82:21,22,
23 95:13
96:17,18,
19 97:3
98:2,3
100:15,21
101:18
105:10
107:18
110:13,17
111:23
116:6
131:16
133:14,22
134:23
137:16
140:21
144:10
146:16
147:14
148:1,2,
9,12
149:18
151:3,5,6
153:2
155:7,9
156:2,8,9
157:4
162:10
169:24
170:11
173:24,25
177:22
178:1
179:24
180:4,5,6
186:25
190:4,15
200:19
202:18
203:20
206:1,20
211:13
216:22
220:16
225:18,19
228:14,18
231:16
238:7
remembered
107:18
remind
98:20
removal
127:18
238:10
remove
19:22
100:2
126:12
127:15
136:11
138:16
156:23
157:2
213:13,
217:15,
221:20
222:11
224:23
238:3
removed
54:15
100:21
103:12
127:24
128:1
157:6
198:21
214:13
217:24
218:4
220:18,21
231:22
removing
97:4
126:7
156:3,22
rename
145:19
renewals
47:4
rent 33:7,
25 36:6,
16 37:1,8
39:17,25
40:5,13
41:1 44:3
106:7
rental
40:16
rented
52:6
renting
104:22
repaid
193:23
repeated
14:7
rephrase
28:18
96:8
111:1
replace
119:23
120:1,10
replaced
103:12
report
83:9
132:18
204:23
reported
5:5
reporter
5:8 26:2
represent
87:3
114:23
130:3
representat
ion 67:6,
12 73:23
232:18
representat
ive 129:20
representin
g 58:8
114:25
request
8:5
122:2,6,
11,13
125:15
133:17
170:9
174:23
201:7,9
204:6
205:8,25
206:12
220:1
requested
8:7
180:19
requesting
168:22
169:1
requests
8:17
239:24
require
72:15
198:16
required
197:17
requirement
s 30:7
198:22
requires
103:9
134:21
199:3
rerun
228:10
research
64:5
87:14
reserve
39:18,19
44:6
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: relevance..reserve
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
reserves
47:3
reshaping
152:25
resident
113:11
residential
34:17
resign
127:16,17
131:5
226:11
238:25
resignation
131:24
226:1
resignation
s 127:15
resigned
96:21
126:22
132:11
resigning
225:22
resigns
82:8
resolution
96:4,7
131:24
resolve
95:18
resolved
38:14
84:4
95:24
96:3
119:22
resources
7:2 66:18
respect
16:5
21:23
24:6 30:1
118:16
159:24
162:3
165:13
192:3
198:25
222:19
respond
26:19
123:14
226:9
responded
48:25
123:14
responding
144:22
response
118:8
125:7
133:16
137:21
184:14
197:16
205:8
responses
205:25
responsibil
ity 9:14
223:7
226:17,19
responsible
41:15
65:23
129:12
207:22
rest 82:4
128:18
151:9
227:1
restaurant
179:25
restaurants
189:3
restricted
29:21
196:5,8,
13,23
197:8,20,
24 200:9
207:23
209:12
210:16
restriction
29:11
112:15
117:17
196:16
197:25
restriction
s 138:16
result
215:9
232:20
resulted
97:12
results
232:19
resum
89:11
retain
100:2
221:20
222:11
retained
91:25
116:9
retainer
116:16
183:23
216:12
retaliation
132:17
retired
33:4
return
62:10
94:3
111:6
164:18
174:11
210:17
returned
88:1
218:21
review
63:16
122:3
141:19
157:5
162:14
reviewed
83:11
99:12
revise
61:18
revised
109:3
revising
108:20
revisit
86:25
revoked
198:20
rewriting
156:11
rewritten
82:24
rid 74:1,
2,19
96:11,18,
25 97:4
214:20
215:22
227:5,13,
15
Rinehart
121:12
risk 30:15
37:18
Rob 126:20
207:8
Robert
83:7
role 33:22
226:13
roll
233:22
roof 46:6
48:23
53:16,18
room
39:17,18,
19 112:22
113:2,3
138:22
rooms
39:14
roughly
23:4
28:11
38:25
routinely
29:17
71:19
rubber
204:7
Rule
102:12
ruled
163:2
222:19
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: reserves..ruled
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
rules
155:4,8
ruling
112:2
run 14:12
79:8
131:6
173:11,18
174:7
200:5
226:23
227:11
229:12
239:4
running
14:17
79:5
200:20
rush 232:4
rushed
15:17
Ryan 20:12
91:22
116:5
118:12,22
119:9
S
safest
95:17
sake 127:3
sale 53:8
54:7
sales 47:4
Sampson
5:5
Sandra
114:1
Sarasota
21:10
147:2
sarcastic
77:20
sat 107:21
147:15
173:25
203:10
satisfactio
n 99:24
satisfactor
y 95:20
satisfied
153:21
201:19
satisfy
43:17
Saturday
105:8,11
save 44:2
scanned
42:9
scared
87:2
schedule
39:23
scholarship
25:5
200:14
school
12:4,8
77:22
86:7
scores
118:14
scraping
24:16
script
221:14,15
SDS 10:17
search
176:16
214:6
searchable
9:23
10:20,24,
25 11:5,
10
seated
82:5,11,
15
seats
79:15
97:24
203:13
seconded
189:25
190:3
233:13
secrecy
114:24
115:6,14,
17
secret
188:22,23
189:1
secretary
194:23
203:8
section
83:14
213:12
sections
83:12
secure
31:22
47:16
103:10,
13,16
218:20
secured
45:4
seeking
51:9
110:22
111:6
seeks
56:23
select
97:14
156:4
selects
97:8
self-
funding
25:6
sell 39:11
selling
36:1
117:5
send
10:17,18
89:11
128:19
129:6
131:22
142:4
174:12
209:24
236:9
239:25
sending
70:2
137:5
141:8
sense 43:7
44:10
51:22
62:16
66:5
77:22,24
78:10
95:15
143:21
190:16
235:6
sensed
99:23
sentence
153:17,19
157:15
173:9
181:20
182:7
separate
199:2
200:9,15
separated
219:22
separately
200:24
201:4,8,
11
separatenes
s 201:12
separation
26:4,17
27:5,13
61:1
62:13
65:2
69:9,22
118:16
September
28:22
49:17
112:7
201:24
203:17,22
204:6,12
205:2,9,
13,15
206:6
207:8
208:25
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: rules..September
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
233:19
234:5,8,
12,15
235:11,13
series
16:23
71:22
231:10
236:12
serve
23:8,20
81:24
108:19,24
178:22
203:3
served
83:6
serves
145:6
service
34:18
serving
79:3
129:5
session
230:9
set 20:7
52:12
53:16
68:15
87:9
125:20,21
156:25
191:18
200:8
221:11
setting
146:14
150:24
177:6
settled
22:22
38:14,15
settlement
33:18
167:14,
17,20
sexist
76:22,25
shape
145:2
153:5
share
13:13
75:18
188:2
shared
17:18
shareholder
s 38:9
sharing
166:7
she'll
102:8
sheriff
15:5 64:8
65:10
66:6
67:21
69:13
70:3,8
183:14
211:25
short
103:15
show
113:12,20
124:18
131:13
136:24
139:23
141:6
146:2
154:12
165:15
170:7
172:9,22
177:1
187:23
195:22
210:1
216:24
230:21
showed
123:23
showing
117:21
121:23
128:12
135:23
149:5
168:12
179:7
181:9
shows
159:12
183:22
shredder
92:5,8
shut 34:21
36:17
93:20
94:4 96:1
shutting
93:23
side 18:2
41:5,12
43:16
46:24,25
103:7
161:9
232:12
sides 18:2
103:9
sign 68:1,
3 75:25
200:5
signatory
237:4
signature
38:7
signatures
63:6
signed
67:20
199:18
significanc
e 204:17
significant
17:5 25:7
significant
ly 236:17
signing
5:22
similar
69:9
simple
219:19
simply
42:4 44:5
47:22
48:13
70:11
79:6
89:10
108:16
128:1
150:24
206:14
Singer
84:25
85:13
single
93:22
107:14
sir 5:23
6:4 8:13
14:10,13
16:22
24:1 59:2
62:1,21
63:13
67:14,16
79:10
87:25
96:17
98:20
109:13
112:25
114:17
115:19
117:25
118:3
120:20
124:11
125:6,19
128:23
129:3,
131:17,19
136:18
138:15
141:25
142:9
154:24
159:4
162:1
165:21
166:3
167:4,25
168:7,14
170:25
171:17
172:8,12
175:6,16,
20
176:10,25
180:16,25
181:18
185:4
189:20
194:8
195:2
197:21
198:6
199:1
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: series..sir
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
203:18
204:11,
13,15
205:17,24
207:4,6
208:5
210:6
212:2
213:1
214:4,10,
16 215:12
216:2,16
218:3,11,
15 219:3
220:6
223:10,
22,25
224:2
230:7
234:4
sister
7:18
43:12,19
sit 36:5
43:9
44:11
85:21
sitting
45:15
90:12
118:7
193:16
235:7
situation
31:10
33:11
65:1
66:21
69:13
74:4
78:16
79:1
96:20
104:11
140:9
184:19
situations
200:12
size 21:23
208:19
skeptical
78:13
81:14
slate 88:8
97:11
smack
139:11
small
40:24
smaller
50:2
150:1
smart
77:13
smarter
77:13
Smith
113:17,25
114:1,12
sold 32:8
53:1
sole 136:6
138:8
140:24
solemnly
5:8
solicit
39:10
60:6
soliciting
181:17
182:3
187:12
192:1
solid 18:6
solitary
62:15
67:23
solo
109:25
solvent
121:8,15
somebody's
46:4
sooner
151:9,15
sort 37:9
72:21
84:6
88:19
117:24
220:1
225:8
228:1
sorted
111:20
sorting
17:10,13
sorts 16:3
26:24
207:23
sought
238:24
sound 35:7
173:8
sounded
45:21
sounds
42:11
source
158:1
sources
8:21
South 6:5
32:1,2
33:11
38:22
53:4
sp 113:8
207:15
space
24:8,19
31:22,25
32:4,11,
12,22
33:5,9
36:16
39:5
40:1,2,4,
11 41:18,
23 43:14
47:9 48:6
49:25
50:2
53:25
103:3,18
104:22
105:2,22
106:5,7
112:23
113:2
speak
50:14
62:10
86:3
special
31:22
specialized
6:18 7:22
specific
14:5
15:25
29:11
35:2
73:11,15
94:12
105:10
108:16
130:9
134:12
149:10,12
151:6
171:17
177:22
182:13
190:4
195:16
197:14
202:15
209:10
219:7
233:6
specificall
y 82:22
92:5
100:15
148:13
156:8,9
173:24
182:8
183:19
specificity
135:12,15
speculate
50:22
154:25
183:19
224:11,12
speculated
75:10
speculation
13:15
18:8 21:4
28:17
29:3
54:10,23
62:19
67:9 76:7
83:25
84:12,18
89:19
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: sister..speculation
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
97:16
110:12
129:25
138:3
140:4
154:19
155:6
156:17
158:9,
165:17
168:2
195:19
196:25
209:22
225:10
227:9
228:3
230:21
232:2
238:6
239:12
speculative
89:20
130:13
221:17
spell 26:1
spelled
93:6
spend
12:11
30:20
70:25
139:1
178:6
spending
118:12
150:14
spent 12:4
18:23,24
37:19
46:11
67:22
72:6
75:13
118:14
119:23
120:2
136:7
161:1
164:17
166:19
172:4,10
203:21
212:3
spin 52:23
spoke
116:5
spoken
101:25
spurt 63:1
spy 129:5
square
52:8
SS 157:22
St 147:3
180:1
stable
58:2
stack
186:17,
18,19
232:21
stake
113:6
stamp
106:20
stand
70:20
106:24
122:19
standard
141:16
standing
45:13
114:14
start
12:18
14:21
26:6 36:1
39:22
56:7
117:24
131:17
143:24
144:17,19
188:20
214:15
started
12:22
14:1,11,
16,24
22:11
52:10
57:25
62:16
75:2 99:8
196:4
215:15
starting
128:13
131:14
132:10
starts
33:22
75:16
118:6,11
131:18
181:10
state 5:6,
19 11:20
27:6
57:19
59:9
80:19
121:16
124:20
197:17
198:5,9
199:4,5,
6,11
201:13
state-
church
26:10,21
61:1
62:12
65:1
69:9,22
118:16
state-
church-
separation-
oriented
25:2
stated
140:23
statement
122:20
130:6
139:2
153:8,10
161:19
164:10
166:12
171:19
173:1
178:4
216:19,
20,24
217:1
218:12
227:4
229:20
statements
86:1,17
165:14
188:2
208:18
states
135:21
165:10
187:18
status
32:4
198:20
199:11
statute
170:25
198:5,9
199:3
statutes
197:13,17
statutory
86:16
87:18
stay 50:1
175:13
178:10
210:18
steal
160:24
171:4
step 178:2
steps
224:18,25
Steve 17:5
18:17,19
19:5
23:18
83:7
100:10
121:11
146:3,4,
16,17,25
149:6,16,
24
152:11,14
179:8
189:13
223:14
stickers
56:21
Stieffel
207:15
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: speculative..Stieffel
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
209:9
210:8,15
211:5
stipulate
237:3
stir 140:8
stock
37:16
stole
160:12,
15,18,21
171:18
stolen
164:7,10
stop 6:14
61:4
98:17
130:15
stopped
33:8
34:20
90:12
113:14
130:23
221:2
stopping
98:22
store
32:5,7
41:25
storing
133:22
story
218:18
230:13
232:12,17
straightfor
ward 174:5
strain
25:8
strategies
16:6
strategy
183:15
straying
74:24,25
street
104:12
179:25
strike
130:18
string
117:23
133:2
strings
117:22
strongly
77:1
structured
50:25
studio
42:8
stuff
158:11
174:15
206:1
231:7
subgroup
73:4
subject
28:6
29:14
110:5
236:13
submission
109:7
135:23
submit
110:4
176:11
189:23
submitted
43:5,23
51:3,18
109:14
144:7
157:3
161:18
submitting
101:10
109:18,21
188:20
subpoena
162:3,20
167:6
subsection
102:12
subsequent
44:20
154:4,15
208:24
subset
16:24
substantial
224:20
succeeded
36:6
successful
231:23
232:8
sudden
22:15
24:1
sue 37:21
85:18,19
87:4
225:17
sued 25:15
37:19
87:6
163:13
170:23
226:9,10
227:2,3,
6,11,15,
16
suffering
178:5
sufficient
39:25
78:15
82:1
111:16
184:18
suggest
173:11
suggested
47:6
153:20
174:6
suggesting
27:16
182:11
226:12,13
suggestion
146:23
225:2
suing 87:3
suit 65:19
66:1,5,11
68:9,10
183:4,14,
17,25
184:22,23
185:1,4,
5,10,22
211:24
236:13
Suite 5:4
suits
184:20,
24,25
summer
21:21
35:20
71:21
73:9 74:5
177:24
214:5,11
Sunday
179:8
super
77:13
superiority
77:24
supplied
151:16
200:1
support
17:12
61:24
62:5,11
79:6 84:8
209:20
214:7
supported
12:24
64:11
supporter
123:1
supporting
130:9,10
supportive
12:20
supposed
15:18
79:20
91:8
142:13
167:21
188:2
219:16
surge 58:5
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: stipulate..surge
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
surplus
69:14
surprise
138:10
suspended
83:22
Svengali
62:21
SWAT 67:22
70:9
swear 5:8
swimming
124:25
switch
103:2
switched
103:16
sworn 5:14
110:20
T
Tabish
171:21
195:14
212:5
table
45:18
147:15
tables
221:11
tactic
227:13
takes
154:3
taking
18:2
46:9,11
119:2
178:6
talk 11:7
16:24
17:11
21:16,19
29:8
32:11,18
43:19
55:24
81:20
90:17
95:8
146:20
157:17
174:18
191:5
202:23
210:1
216:21
talked
12:22
14:15
16:21
66:11
68:6 90:2
101:24
116:25
117:1,2
143:3,15
173:25
203:23
talking
7:15 8:10
9:15
12:12
14:1,14
15:6
33:12
49:16
75:5
77:23
88:18
90:16
95:13
109:2
137:17
142:13
146:10
147:21
154:16
164:19
167:14
180:21
181:25
182:4
183:8
184:22
196:4
217:3
224:25
talks
194:9
237:2
tally
88:4,11
Tampa 5:4
6:5 12:6
32:1 53:4
113:11
tax 44:4
51:10
187:18,19
tax-exempt
187:3,7
taxation
52:7
taxes
41:11,16
46:12
48:24
52:2,3,5,
20
team 67:22
70:9
technically
173:13
technology
11:3
telephone
14:6
73:7,10
147:18,20
157:18
television
56:14,20
57:12
telling
70:3
77:12
78:4,5,8
107:16
164:14
ten 79:15
80:1 82:3
133:5
tenant
32:6 34:8
41:4,12
43:16
46:9
tenant's
41:1
tenants
41:9
tendered
186:10
term 29:9
82:11
127:12,14
152:3
156:6
226:8
239:4,7
terms 8:16
29:14
81:25
108:22
testified
5:16
30:24
70:23
115:1
164:6
195:9
216:4
218:7,11,
13 220:16
236:8
testify
76:9 83:1
84:13
110:20
191:21
213:22
testimony
5:9
23:21,24
50:13
87:5
99:18
101:15
108:2,14,
22 112:25
118:24
120:5,14
122:15
123:3
124:1
126:10
129:17
135:2
151:22
152:9
204:11
206:18
208:5,16
213:10
214:22
215:14
218:3
219:15
235:1,4
236:17
239:2
theft
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: surplus..theft
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
159:23
163:11,
13,21,25
164:23
165:2,6,
13,15,24
166:13
167:25
170:19,23
171:1,11
210:14
211:24
theories
12:15,17
13:13
theory
12:18
thereabouts
33:23
thief
163:7
167:21
227:4
230:14,22
thing
24:11
25:3
57:8,
60:13
61:23
66:19
69:10
137:22
138:17
146:9
160:4
170:14
188:21
216:10
222:15
things
12:14
16:3
31:22
46:18
61:5
86:11
90:13
102:5
122:3
135:16
142:6
156:10
165:5
195:3
199:23
216:14
219:7
230:19
thinking
97:3
113:14
119:19
181:5
thinks
163:6
thinness
171:11
Thomas
18:3
100:10
105:20
121:10
203:12
223:19
224:8
225:5
thought
25:16
49:18
52:13
61:20
64:24
75:11
89:22
97:23
104:8
110:3
122:11
129:15
135:7,20
155:14,18
216:9
237:4
thousand
10:3 72:7
97:2
191:5
192:19
thousands
118:14
threat
62:9
threaten
124:6
threatened
62:17
thrust
15:16
tight 45:8
till 64:1
87:14
time 6:17
7:24
12:11
13:8
15:2,4
19:11,12
20:8,24
22:6,24
23:11
24:15
27:21
28:6
30:4,15
31:12
32:24
33:11
34:1,5,10
35:2,10
36:3
38:20
39:4,24
40:11
41:5,8
42:21
45:5
46:11
47:18,21
48:7
49:13
59:10
60:8 62:5
66:20
67:22
69:1,25
73:5,18,
24 78:14
81:13,22,
23 88:21
91:3
92:25
94:18
98:10,23
100:14,18
101:20
107:18,19
113:22
116:25
117:2,3
119:5
123:12
130:19
139:1,3
140:11
146:19
147:23
148:21,22
151:20,
24,25
158:11
167:5,6
168:21,25
169:4,24
170:18
174:16
177:22
178:5,6
181:4
191:12
200:14
201:4
202:20
203:11
206:2
208:20
213:17
214:15
215:9
216:5
217:11,12
220:17
224:4
233:5,21
237:23
238:19
timed 15:4
timeline
143:5
215:21
times
14:15
46:17
64:3,6
73:14,15
155:23
177:14
timetable
214:9
timing
180:21
titled
187:24
today 8:3
9:25
14:21,22
49:21
55:23
65:17
76:13
131:21
165:13
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: theories..today
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
175:18
193:16
196:4
218:7,12
231:19
233:4
240:7
toilet
46:7
told 27:23
43:20
51:18
64:17
66:4,14
77:10
104:11
113:17
114:12
116:20
127:16,17
164:22
175:18
178:3
210:8
217:5
218:22
219:21
220:10
Tony 113:8
top
132:13,25
145:1
153:16
topic
154:5
233:4
total
159:12
totally
78:1
211:20
222:16
touch
211:5
town 14:7,
20 48:7
148:21
239:17
Tracy 18:3
100:9
105:20
121:10
203:12
223:18
225:4
traffic
54:18
transaction
48:13
55:1
transfer
35:13
206:15
208:19,23
transferred
209:1,6
trash
45:25
treasurer
9:7,12
22:24
23:8,10
58:7
158:19
194:23
200:19
201:5
203:8
209:18
treasury
21:22
30:20
72:5
119:3,6
120:11
121:1,4,8
150:14
182:12
201:20
214:14
227:18
treated
77:3
tremendous
22:16
Trenam 5:3
trial
227:25
trigger
191:7
tripping
42:10
trouble
76:14
140:8
true 11:15
23:25
76:9
78:5,6
114:16
121:19
123:4
193:22
196:19
223:22
trumpeted
158:12
trust
33:13,19
35:6,11,
15 43:12
47:10
51:6
150:16
164:17,
22,24
165:1
211:10
trustee
43:19
47:10
truth
5:10,14,
15
turmoil
220:20
turn 16:17
112:19
157:23
197:10
turned
113:1,4,
24 114:11
125:3
159:8
175:2
186:9
two-thirds
32:23
two-year
35:1
twofold
39:10
type 6:18
15:25
27:13
28:2
35:22
56:25
89:5
134:24
135:9
224:3
typed
224:5
types
82:16
156:7
typically
33:6
34:16
57:23
Tzanetakos
25:25
177:15,
16,17
U
U.S. 142:2
Uh-huh
54:13
118:18
ultimately
12:25
19:22
36:20
91:10
126:16
135:24
147:8
209:2
unable
184:17
unanimous
44:1
68:20,21
unanimously
183:22
unannounced
71:16
unauthorize
d 165:4
193:22
unaware
117:7
unclear
155:18
undercooked
180:3
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: toilet..undercooked
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
understand
15:19
27:20
36:25
37:10
51:4
66:16
69:12
71:1 79:4
89:23
97:17
107:23
120:15
138:4
139:3,18
143:23
182:15
183:25
195:15
196:1,7
209:22
understandi
ng 10:14,
15 21:20
29:9
33:10
35:5
49:23
52:4 77:9
88:2
118:5
121:9
123:5
128:23
132:6
210:7
understood
66:21
131:2
159:4
169:16
178:11
undertaken
58:7
underway
192:10
unhappiness
55:19
uninformed
100:24
Union 27:9
United
27:5
187:18
units
103:12
unknown
164:1
204:5
unlicensed
65:9
70:10
unlike
118:13
unpretentio
us 77:18
78:1
unrealistic
46:21
unrecorded
228:4
unredacted
162:15
164:2
165:3
167:7
168:4
unresigned
132:4
unrestricte
d 23:5
29:9
196:6,8
untapped
61:15
upcoming
155:1
updating
60:16
133:24
upgraded
34:16,19
urging
116:14
utilities
40:23,25
41:2
V
vacant
36:3,12,
18
vacated
33:9
vacation
73:14
197:5
vacuum
46:4
vague
155:12
Vegas
197:5
vented
140:3
venture
36:23
Ventures
35:3,
38:21
verified
217:5
verify
114:8
version
128:16,
18,19
162:15
171:1
181:9,11
versions
161:7
191:4
vice 19:23
97:6
150:8
victim
15:10
132:16
view 16:10
19:9 68:6
74:12
76:22
77:13
81:18
137:22
183:13
viewed
18:6
19:20
69:2
178:25
violation
26:11,21
69:22
142:14
198:21
virtually
27:18
30:20
virtue
134:3
visit
20:12
vocally
50:18
voiced
85:22
voir 85:25
voluntarily
113:24
127:7
vote 43:25
48:17
49:13,18
80:1
84:9,16
89:7,8,17
93:16
94:1
107:25
179:1
201:23
202:17,18
221:19,22
222:19,23
226:18
229:2
231:22
232:18,
19,20
238:9
voted
19:22
28:13
43:6
61:13
68:17
72:14
93:10,14,
22 95:15
99:13
108:17
109:15
132:18
141:19
145:4
183:23
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: understand..voted
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
222:17
238:9
votes
49:11,12
84:8
88:9,15
202:20
223:6
voting
40:8
W
Wachs
12:21,24
13:23
16:17
17:12
28:13
49:7
50:11,18
54:6
55:13,25
56:17
57:20
58:5
59:20
62:14
64:8 67:5
69:24
73:6,21
75:19
76:4 84:9
87:10
88:8
89:16
90:1 91:2
95:7,25
97:11,18,
22 99:20
101:3,19
102:1
105:19
106:2
110:22
118:14
122:22
126:20
134:7
144:4,6,
16 152:25
161:15
162:6
165:8
166:24
168:22
169:1,6,
21 171:18
177:5,16
181:24
183:10
188:6
195:4,16
198:11
201:3,21
202:12
207:15
209:14
210:20,22
211:6
213:5
214:20
220:13
222:14
223:20
225:17
227:3
228:11,22
238:4
Wachs'
124:7
175:22
196:14
211:20
wait 51:17
84:3
104:15
119:21
148:23
174:17
waiting
42:8
45:15
114:21
159:19
174:11
waiver
92:13,18
walked
107:21
126:23
Wallace
20:21
100:11
121:12
Walters
160:22
161:17
163:14,21
164:3,20,
21,24
165:13,18
166:4,16
167:8
169:17
172:4
183:24
Walters'
162:4
wanted
24:11
25:9
35:25
36:1,14
40:17
43:21
60:5
64:17
66:20
69:16
72:12,15
79:6
95:2,5
99:23
101:3,5
113:16
123:7,18
129:10
131:5,6
136:3
148:22
150:1
155:4
173:16
174:1
178:10
188:5
190:2,3
210:18
215:22
216:21
221:2
227:24
228:21
229:5,7,
11,
232:12
wanting
155:7
warfare
123:24
warrant
82:2
waste
139:3
wastebasket
45:24
wasted
75:9
watch
114:3
water 34:7
40:25
ways 66:17
239:23
webcasts
24:10,18
website
60:8 61:9
169:13,17
187:6,9
227:20
239:25
weeds 46:5
week 8:24
9:23
10:1,14
46:17
133:11
139:17
141:24
151:4
176:11
179:15
205:20
208:9,15
215:23
220:7
225:15
weeks
100:6
welcomed
127:21,25
well-
educated
76:15
well-known
89:15
whatsoever
76:19
who've
151:20
widely
30:2
wife 178:5
237:4
wild 10:2
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: votes..wild
800.211.DEPO (3376)
EsquireSolutions.com
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
800.211.DEPO (3376)
EsquireSolutions.com
97:15
236:23
Williamson
127:9
128:4
133:1
wills
29:10
win 114:17
119:19
185:10
windows
46:4
withdraw
114:20
172:16
withheld
171:22
woman
76:24
87:2
129:8
won
182:24,25
wondered
217:7
word 19:17
56:19
73:24
102:20
115:16,19
116:2
144:10
212:9,18
worded
185:19
194:14
words 76:2
111:3
112:22
132:8
183:16
213:14
work 6:18,
20,21,
7:23 8:1,
20 12:3
15:25
37:4
41:24
46:7
74:11
81:23
83:22
84:5
110:1
117:8,24
150:25
160:5
216:12
225:9,22
230:10
worked
9:19,20
12:23
13:2
15:24
56:8
219:20
231:6,7
working
12:22
13:8
16:16
33:8
83:20
231:21
works
37:10
172:13
191:16,20
world
164:9
Worldwide
35:3,
38:21
worry
24:12
164:15
207:19
worth
40:12
wrap
232:24
write
12:25
48:14
176:2
223:24
225:5
write-off
44:4
writing
124:7,9
128:8
144:21
written
40:15
42:12
140:6
176:24
187:15
204:5,7
230:4
231:1,3
wrong
72:25
176:3
wrongful
15:10
wrongly
178:3
wrote
78:14
96:13
118:19
122:5
148:14
168:15
176:6
217:9
219:8
223:22
224:7
Y
year
22:11,13,
15 35:18
39:1,14
41:11
43:4 45:3
56:1
63:18
68:15
75:19
80:8
105:9
136:2,16
141:12
186:7
years 6:22
23:17,19
25:6
27:22,23
33:7
56:3,9
58:1
61:22
62:3
71:13
81:25
136:7
176:12
180:7
186:5
195:1,8
200:7
yesterday
144:20
you-all
217:9
Young 30:5
31:12
70:23
Z
zone
174:17
ED GOLLOBITH VOLUME I
WACHS vs. GOLLOBITH
March 19, 2014
Index: Williamson..zone
800.211.DEPO (3376)
EsquireSolutions.com