Vinh Nguyen vs. Ymt, Inc.

Motion in Limine

Cal. Super. - 4th Dist.October 29, 2015

10 11 1.2 13 14 15 16 17 1g 19 20 21 22 23 24 25 26 27 28 ELECTRONICALLY FILED Uri Litvak (SBN 277966) Superior Court of California, Michael B. Buckley (SBN 298510) County of Orange BUCKLEY LAW GROUP, P.A. 09/06/2017 at 01:41:00 Pi 2424 SE. Bristol Street, Suite 300 Clerk of the Superior Court Newport Beach, CA 92660 By Angelina Mguyen-Do, Deputy Clerk Tel.: 949.477.4900 Fax: 949.335.7113 Attorneys for YMT, INC., a California corporation SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE -- CENTRAL JUSTICE CENTER VINH NGUYEN, an individual, Case No. 30-2015-00817613-CU-PL-CJC Dept. CX-103 Plaintiff, Hon. Ronald L. Bauer NOTICE OF MOTION AND MOTION IN LIMINE #1 BY DEFENDANT YMT, INC. TO EXCLUDE OR LIMIT TESTIMONY BY PLAINTIFF’S EXPERT: J. WILLIAM JONES, PE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF URI LITVAK; [PROPOSED] ORDER VS. YMT, INC., a California corporation; YMT, an entity of unknown form; and DOES 1 to 25, inclusive, Defendants. N r N N N N N N N N Action Filed: October 29, 2015 Trial Date: September 11, 2017 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on September 11, 2017 at 8:30 a.m., or such other date and time as the Court may set, Defendant YMT, INC. (hereinafter “Defendant”), by and through its attorneys of records, will and does move to exclude or limit certain testimony of Dr. J William Jones, Plaintiff’s Expert. The Motion is based on California Evidence Code §§ 800, 350, 352. The Motion is based on this Notice, the attached Memorandum of Points and Authorities, the Declaration of NOTICE OF MOTION AND MOTION IN LIMINE #3 BY DEFENDANT YMT, INC. TO EXCLUDE OR LIMIT TESTIMONY BY PLAINTIFF'S EXPERT: J. WILLIAM JONES, PE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF URI LITVAK; [PROPOSED] ORDER 10 11 12 13 14 15 16 17 1g 19 20 21 22 23 24 25 26 27 28 Uri Litvak and its exhibits, the Proposed Order, the papers on file in this court for this matter, and such other and further evidence and argument as may be submitted. DATED: September 6, 2017 BUCKLEY LAW GROUP, P.A. Uh. et Uri Litvak Michael B. Buckley Attorneys for Defendant YMT, INC. NOTICE OF MOTION AND MOTION IN LIMINE #3 BY DEFENDANT YMT, INC. TO EXCLUDE OR LIMIT TESTIMONY BY PLAINTIFF'S EXPERT: J. WILLIAM JONES, PE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF URI LITVAK; [PROPOSED] ORDER 10 11 12 13 14 15 16 17 1g 19 20 21 22 23 24 25 26 27 28 GENERAL BACKGROUND Defendant YMT, Inc. (“YMT”) hereby files this Motion in Limine Regarding Plaintiff’s Expert Witness Dr. J. William Jones, and in support hereof states as follows: As a brief litigation background, on or about February 17, 2017, YMT filed a Motion for Summary Judgment. In response, Plaintiff objected and filed a Declaration by Dr. J. William Jones, dated April 24, 2017. Dr. Jones also sat for a deposition on June 30, 2017. Dr. William Jones assertions in his Declaration and in his deposition have no basis in the record and are inherently unreliable. The instant case is, very simply, one where, as succinctly set forth in YMT’s Motion for Summary Judgment, the Plaintiff, Mr. Nguyen, bypassed a safety device that would have precluded the doors to the inner-workings of the subject machine from operating, and, perhaps worse, depressed the wrong buttons on a controller device, thus directly causing the incident. What’s very significant in the instant matter is that the Plaintiff, Mr. Nguyen, made unequivocal contemporaneous statements to his co-worker, Mr. Kaiser, and to his trauma doctors admitting that he was at fault by reason of hitting the wrong buttons on the subject machine. Nonetheless, the plaintiff's expert, Jones, has opined, essentially, that the plaintiff didn’t mean what he said, which is totally improper. No expert may be permitted to speculate on what a party or another witness “really meant to say” or to interpret another witnesses’ unequivocal spoken words. Nor can an opinion be based even partially on such inappropriate speculation. LEGAL ARGUMENT Mr. Kaiser’s -a co-worker - testimony is rather succinct on the matter of what the plaintiff said to him essentially contemporaneously with the subject incident: Pp. 23-4 24 And sitting here today, do you recall what he 25 told you when you asked him what happened? Page 24 NOTICE OF MOTION AND MOTION IN LIMINE #3 BY DEFENDANT YMT, INC. TO EXCLUDE OR LIMIT TESTIMONY BY PLAINTIFF'S EXPERT: J. WILLIAM JONES, PE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF URI LITVAK; [PROPOSED] ORDER 10 11 12 13 14 15 16 17 1g 19 20 21 22 23 24 25 26 27 28 1 A. He hit the wrong button. 2 Q. Okay. 3 And so you have an independent recollection of 4 him saying that? 5A. Yes. 6 Q. And that's all he said? 7 A. No. 8 I said, "what do you mean," and he said, "I 9 hit the," I believe it was, "XY button instead of XZ 10 button." P. 57 8 Q. All you know is that, as Mr. Nguyen told 9 you -- 10 A. Stated. 11 Q. -- he pressed the wrong button thus injuring 12 his ankle, right? 13 A. That's exactly what he told me. See Deposition of Erik Kaiser, taken on December 21, 2017 at 23-4 and 57. This testimony is supported by the Field Notes from the investigation performed by the State of California, Division of Occupational Safety and Health. According to the Field Notes, Long Nguyen, an employee and Lead man at Astro-Tek, stated that the Plaintiff “accidentally pushed Y button and moved the table forward. His left foot was caught in between the table and the outer wall of the machine.” Additionally, the incident report to the worker’s compensation carrier says the same thing, i.e., that Nguyen hit the wrong button - the worker’s compensation carrier is an intervenor party in this case. The Emergency Room Report, written by a doctor who saw the Plaintiff immediately following the accident, contains a similar account of how the accident occurred, as told by the Plaintiff. Such contemporaneous statements - in particular statements against the declarant’s interest such as these - are, indeed, admissible, and, in fact, traditionally considered to be very reliable. People v. Brown, (1958) 49 Cal. 2d 577, 585, 320 P.2d 5, 10. However, rather than rely on such admissible record testimony, the declaration of the Plaintiffs expert, Dr. Jones, ignores NOTICE OF MOTION AND MOTION IN LIMINE #3 BY DEFENDANT YMT, INC. TO EXCLUDE OR LIMIT TESTIMONY BY PLAINTIFF'S EXPERT: J. WILLIAM JONES, PE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF URI LITVAK; [PROPOSED] ORDER 10 11 12 13 14 15 16 17 1g 19 20 21 22 23 24 25 26 27 28 it, somewhat flippantly saying that whether Nguyen hit the wrong buttons is “unknowable.” See Jones’ Declaration at 16, lines 1-2. The fact is that the Dr. Jones’ Declaration appears to be largely based upon off-the-record conversations that Dr. Jones had with the Plaintiff, Nguyen. Dr. Jones’ declaration says that he had at least two such conversations with the Plaintiff and there was apparently some sort of ad hoc recreation where Dr. Jones would have had additional off-the- record conversations with the Plaintiff. All of that is unqualified, self-serving hearsay, and not of-record evidence. In his Declaration and deposition, Dr. Jones repeatedly attempts to interpret and alter the contemporaneous statements made by others in regard to the Plaintiff's misuse of subject machine. Specifically, in Dr. Jones’ deposition on June 30,2017, Dr. Jones continued to speculate as to what the Plaintiff meant by stating he pressed the wrong buttons causing the accident. When Dr. Jones was asked if he remember reviewing the deposition of Mr. Erick Kaiser, Dr. Jones confirmed that Mr. Kaiser heard the Plaintiff state that he pressed the wrong buttons. Specifically, Dr. Jones stated the following: P. 123 24 A. Iremember, yes, that he said that he was in 25 his office and somebody called him.- He came down, and P. 124 1 Mr. Nguyen was in a chair or something that they were 2 using to push him around in, and Mr. Nguyen said "I 3. pushed the wrong button," and he testified to that, and 4 that's all he seemed to know about any of this stuff. After this statement, the following exchange took place during the deposition of Dr. Jones, wherein Dr. Jones was asked why he discredits the Plaintiff’s statement that he pushed the wrong buttons: P. 125 10 Q. And so why is it, sir, in your declaration 11 that you say that it is unknowable whether Mr. Nguyen NOTICE OF MOTION AND MOTION IN LIMINE #3 BY DEFENDANT YMT, INC. TO EXCLUDE OR LIMIT TESTIMONY BY PLAINTIFF'S EXPERT: J. WILLIAM JONES, PE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF URI LITVAK; [PROPOSED] ORDER 10 11 12 13 14 15 16 17 1g 19 20 21 22 23 24 25 26 27 28 12 pressed the wrong buttons causing this accident? 13 A. Because I don't think -- first of all, I don't 14 think Mr. Nguyen was in a very good state of mind to 15 know exactly what he did; and, secondly, I believe that 16 Mr. Kaiser was the son-in-law of the owner, and he -- 17 I'm not sure that he's going to give you the best 18 testimony available. P. 126 2 Q. And, sir, were you aware that when Mr. Nguyen 3 was brought into the emergency room, he also admitted 4 to the emergency room doctor that he pushed the wrong 5 ‘button which made the milling machine close and strike 6 his left foot and ankle creating a crush injury? Did 7 ‘you read that? 19 A. I was vaguely aware of it. P. 127 5 Q. And do you also discount the contemporaneous 6 emergency medical room record in which Mr. Nguyen admits 7 that he pressed the wrong button? 15 THE WITNESS: You know, when I read that -- 16 Iread that, and I remember seeing that, and I thought 17 to myself well, what did he mean by that, "pressing the 18 wrong button." I still don't know what he meant by 19 that... P. 129 5 Q Okay. So as you sit here today, do you still 6 believe that it's unknowable whether Mr. Nguyen pressed 7 the wrong button or not? 8 A. Yeah. P. 132 6 Q. Now does that change your assessment of 7 Mr. Kaiser's testimony in that you wrote in your 8 - declaration that it is unknowable whether Mr. Nguyen 9 - pressed the wrong button or not? 10. A. Yeah, I believe it is unknowable, and 1 11 believe at the time Kaiser came out right after it 12 happened, he would have thought "I hope we're not at 13 fault at this, and I'm going to make sure that we don't 14 have any fault in this." NOTICE OF MOTION AND MOTION IN LIMINE #3 BY DEFENDANT YMT, INC. TO EXCLUDE OR LIMIT TESTIMONY BY PLAINTIFF'S EXPERT: J. WILLIAM JONES, PE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF URI LITVAK; [PROPOSED] ORDER 10 11 12 13 14 15 16 17 1g 19 20 21 22 23 24 25 26 27 28 An expert cannot just ignore what a witness or a party has actually said and testify that he must have meant something else. That is utter speculation. Worse is that here, he is actually inferring that witness Kaiser was lying because of a liability concern. This is clearly improper. An expert’s opinion cannot be based upon anything other than actual record testimony and actual evidence, not speculation. “The trial court act[s] as a gatekeeper to exclude expert opinion testimony that is (1) based on matter of a type on which an expert may not reasonably rely, (2) based on reasons unsupported by the material on which the expert relies, or (3) speculative.” Sargon Enterprises, Inc. v. University of Southern California, (2013) 215 Cal.App.4th 1495, 1504, 156 Cal. Rptr. 3d 372, citing Evidence Code 801 1nd 802. A properly qualified expert may, of course, offer an opinion relating to a subject that is beyond common experience, if that expert's opinion will assist the trier of fact. Bushling v. Fremont Medical Center (2004) 117 Cal.App.4th 493, 510, 11 Cal. Rptr. 3d 653. “However, even when the witness qualifies as an expert, he or she does not possess a carte blanche to express just any opinion within his area of expertise. For example, an expert's opinion based on assumptions of fact without evidentiary support, or on speculative or conjectural factors, has no evidentiary value and may be excluded from evidence. An “expert opinion is worth no more than the reasons upon which it rests.” Jennings v. Palomar Pomerado Health Systems, Inc. (2003) 114 Cal.App.4th 1108, 1117, 8 Cal. Rptr. 3d 363. See also Bushling v. Fremont Medical Center (2004) 117 Cal.App.4th 493, 510, 11 Cal. Rptr. 3d 653 (“expert opinion may not be based on assumptions of fact that are without evidentiary support or based on factors that are speculative or conjectural.”). NOTICE OF MOTION AND MOTION IN LIMINE #3 BY DEFENDANT YMT, INC. TO EXCLUDE OR LIMIT TESTIMONY BY PLAINTIFF'S EXPERT: J. WILLIAM JONES, PE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF URI LITVAK; [PROPOSED] ORDER 10 11 12 13 14 15 16 17 1g 19 20 21 22 23 24 25 26 27 28 CONCLUSION Because Dr. Jones ignores actual, unequivocal testimony of the mouth plaintiff and of key contemporaneous witnesses, and is based upon his impermissible speculative interpretation of same pertaining to the Plaintiff's misuse of the subject machine, his opinions have an impermissible foundation and necessary irrelevant and unreliable. They are, accordingly, inadmissible. Wherefore, the Court must preclude Dr. Jones testimony in its entirely. Minimally, expert Jones must be precluded from offering such speculative testimony at trial. DATED: September 6, 2017 BUCKLEY LAW GROUP, P.A. Uri Litvak Michael B. Buckley Attorneys for Defendant YMT, INC. NOTICE OF MOTION AND MOTION IN LIMINE #3 BY DEFENDANT YMT, INC. TO EXCLUDE OR LIMIT TESTIMONY BY PLAINTIFF'S EXPERT: J. WILLIAM JONES, PE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF URI LITVAK; [PROPOSED] ORDER 10 11 12 13 14 15 16 17 1g 19 20 21 22 23 24 25 26 27 28 DECLARATION OF URI LITVAK, ESQ. IN SUPPORT OF YMT, INC.’S MOTION IN LIMINE #3 BY DEFENDANT YMT, INC. TO EXCLUDE OR LIMIT CERTAIN TESTIMONY BY PLAINTIFF’S EXPERT J. WILLIAMS JONES I, Uri Litvak, declare and state as follows: 1. I am an attorney in good standing duly admitted and licensed to practice before all courts of the State of California. I am Of-Counsel to the law firm BUCKLEY LAW GROUP, P.A., attorneys of record for Defendant YMT, INC. (“Defendant” or “YMT”) herein. As such, I have personal knowledge of all aspects of the case, including the pleadings and filings in this action, as well as the discovery and correspondence and meet and confer efforts among counsel in this action. The facts set forth herein are personally known by me to be true and correct and, if called as a witness, I could and would competently testify thereto. I make this declaration in support of Defendant YMT, INC.’s Motion In Limine #3 By Defendant YMT, INC. To Exclude Or Limit Certain Testimony By Plaintiff’s Expert, J. William Jones. 2. Pursuant to California Rules of Court, Rule 3.1350(g), in support of YMT, INC.’s Motion, the following exhibits are filed herewith: 3. Filed herewith and incorporated hereby as Exh. 1 is a true and correct copy of the deposition transcript of J. William Jones. I attended this deposition together with Plaintiff’s counsel herein, and I recognize the sworn testimony given under oath by Gary Goldner and attest that the relevant portions quoted and cited in support of the Motion papers are true and correct. I declare under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed Wednesday, September 06, 2017 at, at Newport Beach, C) re Uri Litvak, Esq., Declarant Attorneys for Defendant, YMT, INC. California. NOTICE OF MOTION AND MOTION IN LIMINE #3 BY DEFENDANT YMT, INC. TO EXCLUDE OR LIMIT TESTIMONY BY PLAINTIFF'S EXPERT: J. WILLIAM JONES, PE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF URI LITVAK; [PROPOSED] ORDER 10 11 12 3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is BUCKLEY LAW GROUP, P.A., 2424 S.E. Bristol Street, Suite 300, Newport Beach, CA 92660. On September 6, 2017, I served the forgoing document described as: NOTICE OF MOTION AND MOTION IN LIMINE #3 BY DEFENDANT YMT, INC. TO EXCLUDE OR LIMIT TESTIMONY BY PLAINTIFF’S EXPERT: J WILLIAM JONES, PE.; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF URI LITVAK; [PROPOSED] ORDER on all interested parties in this action by placing true copies thereof in a sealed envelope addressed as follows: Nicholas Rowley, Esq. Attorney for Plaintiff, VINH NGUYEN Tavi Amari-Davani, Esq. Carpenter, Zuckerman & Rowley, LLP 8827 West Olympic Blvd. Beverly Hills, CA 90211 Edwin J. Lucks, Esq. Attorney for Plaintiff in Intervention, Jeremy J. Levy, Esq. Employers Compensation Insurance Tobin Lucks LLP Company 21300 Victory Blvd., 3 floor P. O. Box 4502 Woodland Hills, CA 91355 I am "readily familiar" with this firm's practice of collection and processing correspondence for mailing. It is deposited with the United States Postal Service on that same day in the ordinary course of business. I am aware that on motion of parties served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [CCP §1013a]. Bx BY MAIL: I caused such envelopes with postage thereon fully prepaid, to be placed in the United States mail at Newport Beach, California. Bx I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on September 6, 2017, at Newport Beach, CA. ) 1 Fis = / {\/ is is a pb. Yoder Sylvia B. Iwai NOTICE OF MOTION AND MOTION IN LIMINE #3 BY DEFENDANT YMT, INC. TO EXCLUDE OR LIMIT TESTIMONY BY PLAINTIFF'S EXPERT: J. WILLIAM JONES, PE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF URI LITVAK; [PROPOSED] ORDER -8- EXHIBIT 1 JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 1-4 Pagel Page 3 SUPERIOR COURT OF THE STATE OF CALIFORNIA 1 INDEX OF EXAMI NATION COUNTY OF ORANGE, CENTRAL JUSTICE CENTER 2 Co 3 WITNESS: JAMES WILLIAM JONES, Ph.D., P.E. VINH NGUYEN, an individual, 4 EXAMI NATI ON PAGE Plaintiff, 5 By Mr. Litvak 6 Vs. No. 30-2015-00817613 6 CU-PL-CJ C 1 8 YMT, INC., a California 5 corporation; YMT, an entity of 10 unknown form; and DOES 1 - 25, 11 inclusive, 12 13 Defendants. 14 Trmmmmmmmmmmmm mmm mmm 15 INSTRUCTION NOT TO ANSWER DEPOSITION OF 16 Page Line JAMES WILLIAM J ONES, Ph.D., P.E. 17 25 1 18 June 30, 2017 19 10:02 a.m 20 2424 S.E. Bristol Street 21 Suite 300 22 . ) 23 Newport Beach, California 24 SHERYL HILTON MEYER, RPR, CSR 2852 25 Page 2 Page 4 1 APPEARANCES OF COUNSEL 1 INDEX TO EXHIBITS 2 2 3 For Plaintiff: ; EXHIBIT DESCRIPTION PAGE 4 CE TR Tai BROMLEY» LEP A Re- Notice of Deposition, Subpoena 7 : ou Q. 4 and Proof of Service for James William 5 8827 West Olympic Boulevard Jones, Ph.D., P.E.; 12 pages Beverly Hills, California 90211 5 6 310.273.1230 B Preliminary Assesssment Nguyen v YMT; 31 7 For Plaintiff in Intervention, Employer's Compensation 6 11 pages Insurance Company: i C Declaration of Dr. J. William Jones 34 8 in Support of Plaintiff's Opposition 8 to Defendant's Motion for Summary TOBIN LUCKS, LLP Judgment; 19 pages 9 JEREMY J. LEVY, ESQ. 9 21300 Victory Boulevard, Third Floor D Excerpts from Deposition of Gary 102 10 Woodland Hills, California 91367 10 Goldner; 6 pages 818.226.3400 11 E Color laser photograph of knob controls/ 104 11 jlevy@tobinlucks.com is MPG; 1 page 12 For Defendants: - ; f E ts f D t f Erik 124 13 BUCKLEY LAW GROUP, P. A. os Wiss d gies © URI LITVAK, ESQ. 14 6 Emergency Room Report 12-2-13; 2 pages 126 14 2424 S.E. Bristol Street, Suite 300 15 H Thumb Drive 152 Newport Beach, California 92660 16 | Color laser photograph; 1 page 152 15 949.477.4900 17 J Operations Manual; 9 pages 158 ulitvak@buckleyl awyergroup. com 18 K Excerpts from Deposition of Vinh 160 Nguyen; 1 page 16 19 17 L Declaration of Dr. J. William Jones 161 18 20 in Support of Plaintiff's Opposition 19 to Defendant's Motion for Summary 20 21 Deposition; 18 pages 21 22 M Excerpts from Deposition of Corey Liu; 162 22 2 11 pages 23 N Excerpts from Deposition of Corey Liu; 169 24 24 11 pages 25 25 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 5-8 Page 5 Page 7 1 I'NDEX TO EXHIBITS (Continued) 1 Q And you understand that this is a case, a 2 2 product liability case involving an allegedly defective EXHIBIT DESCRIPTION PAGE | 3 CNC machine? 3 4 A ldo 0 Uptime Electronics, Inc. Service 172 . . 1 Regortss © pages 5 Q And you understand thatthe machine atissue 5 p Color laser photograph; 1 page 175 6 isa Pinnacle Model QV 179? 6 Q Color laser photograph; 1 page 1s | 7 A Correct. 7 R Color laser photograph; 1 page 178 | 8 Q | assume you know whata CNC machine is? 8 S OSHA Report, Violation; 1 page 188 | 9 A |do. 9 T Updated Curriculum Vitae of James 192 110 Q Whatis it? William Jones, Ph.D. P.E. (color); 11 A It's a machine that actually machines parts, a 10 1 [pages 12 computer numerical control machine. ; 13 Q Excellent. 13 14 A That's the definition of CNC. 14 15 Q Excellent. And you were served with a 15 16 subpoena and deposition notice on or about May 9, 20177 16 17 A Yes, | was. 17 18 Q Okay. 18 19 A [think this is it here. i 20 MR. LITVAK: We'll just mark one for the | 21 record as composite Exhibit A which is the deposition 2 22 notice, the subpoena and the proof of service, so we 23 23 will just mark that one. 24 24 (Exhibit A marked.) 25 25 BY MR. LITVAK: Page 6 Page 8 1 DEPOSITION OF JAMES WILLIAM JONES, Ph.D.,P.E. | 1 Q Now have a look atthat, sir. Take a look 2 June 30, 2017 2 specifically, if you would, at what's called the 3 3 "Re-Notice of Deposition." It's gotan Exhibit A to it, 4 JAMES WILLIAM JONES, Ph.D, P.E., 4 and that asks you to produce a whole bunch of documents. 5 having been first duly sworn, testified as follows: 5 A Yes, | do recall that. 6 6 Q Do you recall getting this and looking at it 7 EXAMINATION 7 when you got it? 8 THE WITNESS: James William J ones. 8 A Ido. 9 BY MR. LITVAK: 9 Q And have you brought all of the requested 10 Q Good morning, sir. Please state your name for 10 documents with you here today? 11 the record. 11 A Well, everything | have. 12 A Allright. James William J ones. 12 Q Is there anything that you -- that is on this 13 Q And do you go by Mr. Jones, Dr.) ones? What 13 list, sir, that you did not include -- 14 do you prefer? 14 A Well -- 15 A Anything would be fine just as long as it's 15 Q -- inthe documents that you brought, and, by 16 nottoo mean. 16 the way, you handed me before we started a little zip 17 Q Well, I'm not going to call you Bill -- 17 drive that has the contents of all of the documents that 18 A Allright. 18 you brought here today, correct? 19 Q -- because that's too informal. 19 A Yes, and more. 20 A Right Mr. or Dr. Either one will work. 20 Q And more. Thank you. 21 Q Okay. Sir, you understand that we're here in 21 MR. AMIRI-DAVANI: A USB stick. 22 a case called Nguyen versus YMT, Inc.? 22 MR. LITVAK: A USB stick. 23 A Correct. 23 Q Is that what you call it? 24 Q You understand that we're on that case? 24 A I callita thumb drive. 25 A Yes, Ido. 25 Q That's what call it, a zip drive or a thumb 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 9-12 Page 9 Page 11 1 drive. 1 sortof a preliminary overview of what | found, and 2 A Uh-huh. 2 that's included in there. | made a copy of it here, 3 Q Well, anyway it's a little USB device that 3 yeah, so | think it's a complete -- that I've given you 4 says "Nguyen Depo Materials, J ones 6-30-17," correct? 4 a complete copy of all the files that | generated as a 5 A Correct. 5 result of this case. 6 Q Okay. So if you would scan Exhibit A and let 6 Q Okay. Let's goon. 7 me know if there are any documents on this list -- it 7 A 9--areweon9or7? 8 looks like 1 through 28 -- and let me know if there are 8 Q |Ithink we're up to 7, and 8 actually speaks 9 any thatyou did not bring with you here today. 9 to materials that you may have produced -- 10 A Okay. Well, I brought my CV, and itis the CV 10 A Uh-huh. 11 thatl've used for the last 10 years, but clearly | keep 11 Q -- orrather prepared concerning the case, and 12 updating it -- 12 sometimes those might -- 13 Q Okay. 13 A Yeah. 14 A --and sol didn't bring all the CVs for the 14 Q -- be diagrams or something like that. 15 last 10 years. 15 A The only thing that would really fall in that 16 Q Sure. 16 category is the folder here, this writing on the folder, 17 A 1 did not-- I brought the titles and the 17 and so you're welcome to that. 18 citations for all the papers, publications, but | don't 18 Q Okay. 19 have a copy of all of those papers and publications, but 19 A There were -- | took a couple of videos while 20 they are available various places. 20 | was atthe site. They're included on the thumb drive, 21 Q Okay. 21 and that was mainly just to see the machine operate. 22 A | have listed most of the professional 22 They're not very good because | had to peek through a 23 lectures, seminars, speeches and presentations in my CV. | 23 window while the door was closed, and the windows were 24 All the writings with respect to this matter are on the 24 pretty opaque, but they are what they are. Then, let's 25 thumb drive. As a matter of fact thatis a complete 25 see -- Page 10 Page 12 1 copy of what's on my computer for this matter -- 1 Q Number. 2 Q Understood. 2 A -- any writings including documents, 3 A --including emails and letters when | was 3 transcripts of experts as given at trial. | don't have 4 retained and that sort of thing. 4 any expert testimony transcripts of trials. 5 Q Okay. 5 Q That's quite all right. What about number 9? 6 A Under 6, | think | have everything there. 6 You seem to have glossed over that one. 7 Most of that is not particularly applicable like X-rays 7 A Oh, I'msorry. Number 9, | thought -- okay. 8 and things. 7, | have no additional information there. 8 Pardon me. "Any writings including but not limited to 9 Q Now 7 is sortof an important one because, 9 documents, publications, articles" -- which the only 10 and | know they seem somewhat redundant, but 7 speaks | 10 thing that | consulted was the user manual, the OSHA 11 to records or materials of any nature relied on by the 11 reports, all that sort of thing, and they're included. 12 deponent concerning the instant case, and so that one 12 Q The user manual for the machine? 13 actually asks you to produce the stuff that you relied 13 A Correct 14 upon, so -- 14 Q And the OSHA reports and citations and such? 15 A Oh, okay. 15 A Correct 16 Q --thatoneis important. So everything that 16 Q Butthose are the only things as far as 17 you relied upon in forming your opinions in this case -- 17 writings as broadly defined? 18 A Yes. 18 A I'm trying to think if | -- those are the only 19 Q --is on the thumb drive? 19 things that! brought with me that -- | mean | didn't 20 A And | made copies of some of the stuff, for 20 look atanything else that | can think of. 21 example, the depositions that | read, and then | took 21 Q You know, sometimes, and | know this case is 22 notes in some cases on the depositions, and they are 22 different, but sometimes we have cases where an expert 23 also included on there and any photographs that| have. | 23 may have relied on a treatise of some kind, but you 24 Now anything | put together right after | did the 24 didn't do thatin this case, right? 25 examination atthe site back in J anuary, | put together 25 A No. I've had a situation where | looked at 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 13-16 Page 13 Page 15 1 technical papers or background materials -- 1 A It's pretty much equally divided. 2 Q That's what | mean. 2 Q Okay. Number 15? 3 A --to try to understand the basic phenomena, 3 A "Any statements, lists -- prepared" -- 4 but this case didn't require that 4 Q So you're familiar with Federal Rule of Civil 5 Q Okay. Okay. So I think you covered 10 and 5 Procedure 26? 6 11. You don't have any transcripts of testimony -- 6 A Correct. 7 A |do not 7 Q And you know that unlike in California under 8 Q --thatyou've given attrial orin 8 the Federal Rules you are required to generate an expert 9 deposition? 9 report? 10 A |do not 10 A Right. And it's my understanding that | 11 Q Butyou have testified though in trial and 11 wasn't required to do that in this case, but my response 12 deposition before? 12 to your motion for summary judgment is essentially such 13 A Oh, yes, many times. 13 areport. 14 Q And lassumed as much, and that's why | didn't | 14 Q Right, but this question asks for something 15 go into the usual deposition admonitions with you. 15 else. Itsays "Any statements, lists, disclosures or 16 A Well -- 16 other writings prepared by, for or on behalf of you as 17 Q You seemed like a seasoned veteran. 17 required by Rule 26." So it's expert reports, and you 18 A Well, I don't know that you'd call me a 18 mentioned those 10 or 15 cases or so that you -- 19 seasoned veteran -- 19 A Correct. 20 MR. AMIRI-DAVANI: | object to that. 20 Q -- testified at trial, and so this actually 21 THE WITNESS: -- but-- 21 asks for the expert reports, if any, that were generated 22 MR. AMIRI-DAVANI: | don't think that's a -- 22 in those cases. 23 is that a question? 23 A Well, let me see. | have some expert reports. 24 BY MR. LITVAK: 24 MR. AMIRI-DAVANI: That's pursuantto Federal 25 Q You're okay that I didn't give you the usual 25 Rule of Civil Procedure 26, right? Page 14 Page 16 1 deposition -- 1 BY MR. LITVAK: 2 A That's fine. 2 Q Or, you know, equivalent, but just expert 3 Q -- admonitions; is that correct? 3 reports that you've done. 4 A will try to speak in sentences, and | will 4 A Yeah. 5 try notto speak over you. 5 Q Did you put those on this drive? 6 Q We have already done that a little bit, and so | 6 A ldid not. | did not. 7 we need to be a litle more mindful of that -- 7 Q Do you know if any exist? 8 A Okay. 8 A Yeah, I've written expert reports before, 9 Q -- butl think we can dispense with that. 9 yeah. 10 Any list of any kind that speaks to cases in 10 Q Do you know how many? 11 which you've been retained or testified as an expert. | 11 ~~ A Probably 20 or 30. 12 A All the cases that!'ve actually testified 12 Q Okay. 13 in, | think, are listed in my CV if that's what you're 13 MR. AMIRI-DAVANI: I'm just going to object to 14 asking me. 14 number 15 because | think it's vague and ambiguous as to 15 Q Yes. 15 what's required there. 16 A Yes, there's a list of them, the testimony and | 16 BY MR. LITVAK: 17 depositions in my CV. 17 Q Sir, is anything about number 15 vague to you 18 Q And does it list the actual cases in which 18 or ambiguous? 19 you've testified at trial? 19 A No. Ido know that some of the expert reports 20 A Yes. 20 that! prepared, | believe, have what | consider to be 21 Q Okay. Do you know off the top of your head |21 confidential information that was protected under a 22 how many? 22 protection order. 23 A Trial testimony I'd say on the order of 10 to | 23 Q Well, Federal Rule of Civil Procedure 26 24 15 over the last 20, 25 years. 24 requires that those reports be generated; and so if Q For plaintiff or defendant? 25 there's something sensitive or, you know, something you . ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 17-20 Page 17 Page 19 1 feel is protected such that you can't produce it, then 1 bibliography, | assume, of papers, articles and such, 2 that's understandable; but we're asking for things that 2 and that would have been included in your CV? 3 aren't protected as you say. So I'm going to ask that 3 A ltwas. ltis. 4 you go back and look for those and then supplement your | 4 Q Now | think that 17 probably is subsumed under 5 production. 5 previous requests. Number 18, any standards, policies, 6 MR. AMIRI-DAVANI: So to be clear, | mean 6 regulations or statues consulted, reviewed by or relied 7 the way | read this is it specifically says statements, 7 upon by you concerning the instant case. Let's see. 8 lists, disclosures or other writings prepared by him 8 Were there any? 9 pursuantto or as required by Federal Rule of Civil 9 A I'm trying to think. 10 Procedure Rule 26. 10 Q think that's a good foundational question 11 MR. LITVAK: Well, prepared by him or on his 11 anyway. 12 behalf. 12 A And I'm trying to think if there were any. | 13 MR. AMIRI-DAVANI: These are federal cases, 13 don't believe there were any. 14 right? 14 Q Whatabout OSHA regulations? You mentioned 15 MR. LITVAK: That's true. 15 thatearlier. 16 MR. AMIRI-DAVANI: Okay. 16 A | said that | reviewed the OSHA reports. 17 MR. LITVAK: That's true. Because under -- in 17 Q That's true. 18 California there wouldn't be, but | understand your 18 A And that's really all | did. | did not look 19 point. 19 at-- go back and look at the actual regulations. 20 MR. AMIRI-DAVANI: Okay. So earlier he was 20 Q And so you're not going to render any opinions 21 talking about any reports, but that's not the case with 21 as it pertains to OSHA compliance or anything like that? 22 respect to what he's asking for in 15. 22 A Atthis time | wasn't planning to, no. 23 THE WITNESS: Oh. 23 Q Well, you haven't formed any opinion as it 24 MR. LITVAK: Rule 26 reports. 24 pertains to that as you sit here today, have you? 25 MR. AMIRI-DAVANI: Right. 25 MR. AMIRI-DAVANI: Asked and answered. Page 18 Page 20 1 MR. LITVAK: Those would be the cases in which | 1 THE WITNESS: No. 2 you testified in federal court. 2 BY MR. LITVAK: 3 MR. AMIRI-DAVANI: So, yeah. You wantto 3 Q Sono, you didn't consider any standards, 4 check to see if you have any of those; and if so, you 4 policies, regulations or statutes as it pertains to the 5 let me know, and then | can advise counsel. 5 work that you did in this case? 6 THE WITNESS: Well, in most of the cases the 6 A Well, | can'tthink of any as I sit here right 7 case never went to trial. 7 now. 8 BY MR. LITVAK: 8 MR. AMIRI-DAVANI: I'm just going to say 9 Q Right. Butthose reports are generated 9 belated objection. It's vague and ambiguous. He 10 pretrial. 10 already testified that he looked over the OSHA records. 11 A | know, butI'm justasking you -- but you 11 BY MR. LITVAK: 12 said if | testified in trial -- 12 Q Sir, did you as part of your knowledge in this 13 Q Well-- 13 case analyze whether the subject machine complied with 14 A -- and those reports are in matters which 14 all applicable industry standards? 15 required a Rule 26 expert report. 15 A No. 16 Q Yeah. Itdoesn't matter whether the case went | 16 Q Okay. Let's move on to the next one. 17 to trial. 17 A Which one is that now? 18 A Okay. And that's why I'm trying to clear that 18 Q Sorry, number 19. Now | know this one again 19 up. 19 seems somewhat redundant, but it's really asking for any 20 Q Okay. 20 materials that you may have been provided for purposes 21 THE WITNESS: I need to talk to you and see 21 of doing your work in this case, evidence, exhibits, 22 what! have. 22 correspondence, and | think you mentioned that you put 23 MR. AMIRI-DAVANI: Yes. 23 correspondence with counsel on the zip drive, butis 24 BY MR. LITVAK: 24 there anything else? 25 Q Let's move on. Number 16 asks for any 25 A Everything that | received -- 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 21-24 Page 21 Page 23 1 Q Is onthe drive? 1 MR. LITVAK: That's not a proper objection. 2 A --is on the drive, yes. 2 Q Keep going. 3 Q Okay. Number 20, any writings which list or 3 A Well, I don't know who the lawsuit is against. 4 identify cases in which you have been retained as an | 4 I'm really concerned only with the expert witness parts 5 expert by plaintiff's counsel or any member of his firm. | 5 of itand understanding the facts. 6 A None. 6 Q And that's why | asked if it's a products 7 Q Have you ever been retained by plaintiff's 7 liability case as those are generally against the 8 counsel or any member of his firm? 8 manufacturers of machines, right? 9 A Yes. 9 MR. AMIRI-DAVANI: Well -- 10 Q On how many occasions? 10 THE WITNESS: Generally they are. 11 A I'd say probably three to the best of my 11 MR. AMIRI-DAVANI: -- not reasonably 12 recollection. 12 calculated to lead to the discovery of admissible 13 Q And did you actually testify as an expertin 13 evidence. 14 those cases either at deposition or at trial? 14 MR. LITVAK: That's not a proper objection. 15 A | don'tbelieve so, no. 15 MR. AMIRI-DAVANI: Well, that's my objection. 16 Q Whatkind of cases were those? 16 Goon. 17 A Well, let's see here. I've got an ongoing 17 MR. LITVAK: It's nota proper objection. 18 case with 24 Hour Fitness, an exercise machine. 18 You're just disrupting the deposition with improper 19 Q Andis that what you call a product liability 19 objections. 20 case? 20 Q So a products liability case is generally 21 A Yes. 21 againstthe manufacturer of a machine that the plaintiff 22 Q Okay. Whatelse? 22 claims is defective, right? Well, what's you're 23 A | can'tthink of one. Now there may be 23 understanding? 24 another one, but! can't think of it right now. | can 24 MR. AMIRI-DAVANI: Objection. Vague and 25 getback to you on that. 25 ambiguous. Page 22 Page 24 1 Q Butyou think there's about three or four? 1 THE WITNESS: Yes, that's my understanding. 2 MR. AMIRI-DAVANI: Well, that misstates his 2 BY MR. LITVAK: 3 testimony. 3 Q Soin this 24 Hour Fitness case you mentioned, 4 BY MR. LITVAK: 4 is ita case thatinvolves what plaintiff is claiming is 5 Q [I'msorry. Did you say itwas about three? 5 a defective machine? 6 A Yeah. I'm thinking that there may be as many 6 A | believe that's right. 7 as three, but I'd have to check -- 7 Q And so yourrole would be to testify that the 8 Q Okay. 8 machine was indeed defective in some manner? 9 A -- and that would be the firm CZ&R, right? 9 A No. My role is to examine the machine and 10 Q Yes. So we would ask that you supplement 10 determine if there is any defect in the machine that 11 your production on numbers 20 and 21 so that we can 11 could have led to that accident. 12 understand those other cases and we don't have to guess | 12 Q True, but plaintiff's counsel wouldn't need 13 asto-- 13 you if your conclusion was that the machine wasn't 14 A Right. 14 defective, true? 15 Q -- whattype of cases and what your role was 15 MR. AMIRI-DAVANI: Argumentative. Calls for 16 in those cases -- 16 speculation. 17 A Okay. 17 You don't need to answer that. 18 Q --butas it pertains to the one case that you 18 THE WITNESS: My answer still stands. 19 remember against 24 Hour Fitness, you said it was -- 19 BY MR. LITVAK: 20 A Correct. 20 Q Okay. Did you form an opinion that 24 Hour 21 Q --isitactually against24 Hour Fitness or 21 Fitness case? 22 the manufacturer of a machine within 24 Hour Fitness? 22 A Yes. 23 MR. AMIRI-DAVANI: Object. Notreasonably 23 Q And what was that opinion in general terms? 24 calculated to lead to the discovery of admissible 24 MR. AMIRI-DAVANI: It's not reasonably -- 25 evidence. 25 Don't answer that. 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 25-28 Page 25 Page 27 1 (Instruction not to answer.) 1 Now number 22 asks for any writings evidencing 2 MR. AMIRI-DAVANI: It has nothing to do with 2 the amount of time spent by you working on this case and 3 this case. 3 any amounts charged or billed or to be charged or billed 4 MR. LITVAK: You don't have the right o tell 4 for such work. Is that on the zip drive, Mr. J ones? 5 him -- well, are you representing Mr. J ones? Are you 5 A No, | did not bring that. 6 representing him? 6 Q Okay. Well, that's kind of critical. 7 MR. AMIRI-DAVANI: You know, can you explain | 7 A Okay. So far had my bookkeeper look it up 8 to me how that's -- 8 yesterday, and | believe that I've charged something 9 MR. LITVAK: I'm not going to explain -- 9 like somewhere between that 12- and $14,000 to the case 10 MR. AMIRI-DAVANI: -- relevant to anything? 10 from its inception. 11 MR. LITVAK: -- anything to you. Are you 11 Q And do you know how many hours of work that 12 representing this witness? 12 corresponds to? 13 MR. AMIRI-DAVANI: Can you explain to me how | 13 A Well, if you divide it by 400, you can get 14 thathas anything to do with this case? 14 that number. 15 MR. LITVAK: You have no right o instruct 15 Q Andis itjusta straight hourly, 400? 16 this witness not to answer unless you're representing 16 A Correct. 17 him. Are you representing this witness? 17 Q And whatabout other staff members? Has 18 MR. AMIRI-DAVANI: You know that I'm not 18 anyone else worked on this? 19 representing this witness. 19 A No. 20 BY MR. LITVAK: 20 Q Okay. Now I'm not the best at math in my 21 Q Sir, he has no right o instruct you not 21 head. 22 to answer a question, and I'm asking you a reasonable |22 MR. LEVY: And that's why we're attorneys and 23 question, and the reason that's important is because 23 notdoctors. 24 this is my only chance to talk to you before trial. Do 24 MR. AMIRI-DAVANI: So 30, 30 to 35-ish. 25 you understand that? 25 BY MR. LITVAK: Page 26 Page 28 1 A | understand. 1 Q So 30to 35 hours? 2 Q Sol need to know the work -- we have the 2 A Yes, in that neighborhood. 3 right to ask you about any work you're doing with 3 Q Does thatinclude -- 4 plaintiff's counsel. It's much like when plaintiff's 4 A Now that does not include preparation for this 5 counsel takes my expert's deposition. I'm sure he's 5 deposition which is another five or six hours. 6 going to ask him the same questions "What cases are you | 6 Q Does thatinclude the time that you spent at 7 doing for Buckley?" and it's fair game in these cases. 7 Astro-Tek which is where this machine is located? 8 Do you understand? Ittruly is fair game. 8 A Yes, itincludes everything. 9 MR. AMIRI-DAVANI: Butthere are certain 9 Q And does that include travel time getting to 10 boundaries, Counsel. 10 or from Astro-Tek? 11 MR. LITVAK: I'm justasking him whether he 11 A Yes. 12 concluded that the product at issue was in fact 12 Q And do you remember how much time you spent 13 defective. That's really the question, and, frankly, 13 traveling to doing what you did and then returning from 14 it's such an obvious question, but we're just making a 14 Astro-Tek, how many hours? 15 record. This is what we do, right, as lawyers? We ask 15 A No, butitwas like four hours. Itwas half a 16 the questions that we're supposed to ask. 16 day. 17 Q So did you conclude that the product was 17 Q Whats your office address? 18 defective in some way? 18 A 5561 Ocean Terrace Drive. It's on my card. 19 A In that particular matter | haven't concluded 19 Q In Huntington Beach? 20 anything. | haven't been deposed. | haven'thad any 20 A Correct. 21 writings on it 21 Q Okay. Your company name is J. William J ones 22 Q You haven'tformed any opinions yet? 22 Consulting Engineers, Inc.? 23 A | haven'tformed any opinion. 23 A Correct. 24 Q Okay. And that's a fair answer. Thatwasn't 24 Q Does your company have any other employees but 25 so hard, was it? 25 you? 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 29-32 Page 29 Page 31 1 A No. 1 BY MR. LITVAK: 2 Q Does the company have -- use any other expert | 2 Q Is there something that you wanted to add, 3 witnesses other than you? 3 sir? 4 A No. | sometimes use contractors to do 4 A Yes. When you asked me if | had created 5 detailed analyses like computer-generated models and | 5 anything that | was planning to use at trial, | said no; 6 thatsortof thing, butl don't -- they are not expert 6 butl do have a PowerPoint presentation which you have 7 witnesses, and they don't work for me directly. 7 a copy of on there, and | have a copy of it in my notes 8 Q Okay. So you are the sole owner of your 8 here that | prepared right after | did the inspection. 9 company? 9 Q Okay. 10 A lam. 10 A | may use that, but! did not prepare that for 11 Q Sol assume number 23, billing records on 11 trial. 12 other cases in which you've been retained by plaintiff's | 12 Q Okay. 13 counsel, that's not on the zip drive? 13 A | prepared that in the normal course of the 14 A No. That's why I need 23, and what was the 14 way | handle expert investigation forensic engineering. 15 otherone? 15 Q And you said that you have a printed copy of 16 Q 22. 16 thathere? 17 A 22. 17 A Yeah. 18 Q And 15 was the Rule 26 reports, if any. 18 Q May lsee that? 19 A Allright. I'm sorry. | justdidn'thear 19 A Sure. 20 you. 20 MR. LEVY: And is that on the thumb drive as 21 Q Thatwas just-- since you were going -- 21 well? 22 making a list of the numbers, number 15 was the list of | 22 THE WITNESS: Yes. 23 orratherit was the Rule 26 reports that we covered 23 MR. LITVAK: So we'll mark this as Exhibit B, 24 earlier. 24 and then we'll make some copies. 25 A Yeah. I've gotthatone. 25 (Exhibit B marked.) Page 30 Page 32 1 Q Number 23 asks for any exhibits, exemplars, 1 BY MR. LITVAK: 2 photographs, videos, blowups, blah, blah, blah, that you | 2 Q So Exhibit B is marked as -- the document 3 would intend to use at trial. Have you created anything | 3 that's been marked as Exhibit B is captioned 4 like that other than the photos that were embedded in 4 "Preliminary Assessment Nguyen versus WMT by J. William 5 your declaration that was filed in this case? 5 Jones Based Upon Inspection at Astro-Tek," and it's 6 A | have not. 6 dated) anuary 11th, 2017; is that correct? 7 Q Butall of the photos that you took when you 7 A Correct. 8 were at Astro-Tek are on the zip drive? 8 Q Andis thatabout when you created this 9 A They are. 9 document, this PowerPoint? 10 Q And number 24 asks for any advertising or 10 A Exactly. 11 promotional-type materials pertaining to your 11 Q Does this PowerPoint contain the opinions that 12 availability as an expert consultant or anything in that 12 you intend to render in this case? 13 same vein that you've mailed or distributed to anyone 13 A No, notnecessarily. As | stated in the 14 in the last five years, and so | guess the foundational 14 title, itis a preliminary assessment. Sometimes when | 15 question is do you have any such materials or have you | 15 go outand I do an inspection, | come back to my office, 16 ever used any such materials? 16 and | write down my observations and | try to understand 17 A Well, the only thing is my resume and a 17 what happened. 18 website. 18 | found out over the years thatif | don't 19 Q Okay. 19 write them down right after I've done it, then they get 20 MR. AMIRI-DAVANI: Can we take a break fora |20 fuzzy in my mind over time, and | don't sometimes pick 21 second? 21 up all of the nuances which might be important later. 22 MR. LITVAK: Sure. 22 So | create a document like this in many cases, but 23 MR. AMIRI-DAVANI: Can | talk to you? 23 it's -- 24 THE WITNESS: Sure. 24 Q So-- 25 (Recess.) 25 A -- done for my own use. 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 33-36 Page 33 Page 35 1 Q Okay. And so there are things you feel -- 1 Q Now Exhibit C, just confirm for me that that's 2 now that we're sitting here in J une of 2017, there may 2 the document we've been referring to, the "Declaration 3 have been some things that you overlooked when you did | 3 of Dr.]. William J ones in Support of Plaintiff's 4 this preliminary assessment? 4 Opposition to Defendant's Motion for Summary J udgment" 5 A | don't know whether | overlooked them or not. 5 thatyou signed on April 24, 2017. Can you confirm that 6 Maybe | didn't understand them as well as | do now; and 6 thatis in fact-- 7 maybe -- well, as | said, it's a preliminary assessment, 7 A Yes, that's it. 8 and then | hadn't had a chance to do any research. | 8 Q And thatis -- well, your signature, if you 9 hadn'thad a chance to talk to Mr. Nguyen and on and on 9 would, that's found on page 18 of this document? 10 atlength and so on and so on. Now I try to get smarter 10 A think so. | just have to make sure of the 11 asl go along, and this was the state of my knowledge on | 11 page number, but that looks like my signature. 12 the day that | wrote that, and it doesn't necessarily 12 Q And right above your signature on page 18, it 13 represent the complete state of my knowledge today. 13 states that you declare under penalty of perjury under 14 Q Well, hadn't you had conversations with 14 the laws of the State of California that everything in 15 Mr. Nguyen at Astro-Tek when you went there and did the | 15 the declaration was true and correct? 16 inspection? 16 A did, yes. 17 A | had some, yes. 17 Q As yousithere today, do you agree that 18 Q Did you have conversations with him prior to 18 everything that you stated in the declaration attached 19 coming to Astro-Tek to do the inspection? 19 or marked as Exhibit C was true and correct? 20 A Not prior. 20 MR. AMIRI-DAVANI: Let me just object. | 21 Q Butyou had conversations with him there at 21 think that question is a bit unfair. Now as you 22 Astro-Tek when you sort of re-created the events of the 22 mentioned earlier -- 23 day in question? 23 MR. LITVAK: Excuse me. That's a speaking 24 A | asked him some questions, yes. 24 objection. 25 Q And you actually had him get up and sit on the 25 MR. AMIRI-DAVANI: As he mentioned -- Page 34 Page 36 1 machine and do the things that he said he was doing at| 1 MR. LITVAK: "Unfair" is notan appropriate 2 the time of the accident, right? 2 objection. 3 A did. 3 MR. AMIRI-DAVANI: Well, as time goes on, he's 4 Q And you actually took photos of Mr. Nguyen 4 gaining more and more knowledge; and if you want to 5 sitting on the machine and positioning himself the 5 direct his attention to a specific area -- 6 way that he claims he was sitting at the time of the 6 MR. LITVAK: You see, we have a lot of expert 7 accident, correct? 7 depositions to do in this case. Is this really the way 8 A That's correct. 8 you wantto -- you want these rules to apply to all of 9 Q Okay. And that's reflected within this 9 them, the ones that you're creating right now? 10 Exhibit B? 10 MR. AMIRI-DAVANI: | have stated my objection. 11 A Correct. 11 You can goon. If you want to rephrase your question, 12 Q And it's also reflected in the declaration 12 then go for it, whatever you want him to answer. 13 thatyou signed in opposition to defendant's motion for | 13 MR. LITVAK: Madam Court Reporter, can you 14 summary judgment? 14 read it back? 15 A Yes. And there's additional information in my 15 THE REPORTER: One moment, please. 16 declaration that | didn't have at the time that | wrote 16 (Record read as follows: 17 that preliminary assessment. 17 "Q As you sithere today, do you 18 Q So the declaration was written sometime in -- 18 agree that everything that you stated in 19 well, let's be precise. You signed the declaration on 19 the declaration attached or marked as 20 April 24th, 2017, correct? 20 Exhibit C was true and correct?") 21 A Correct. 21 THE WITNESS: Yes. Everything | wrote in 22 MR. LITVAK: And let's actually mark that one 22 there to the best of my knowledge was true and correct. 23 as Exhibit C. 23 BY MR. LITVAK: 24 (Exhibit C marked.) 24 Q Thatwasn't exactly the question | asked. So 25 BY MR. LITVAK: 25 as you sit here today -- 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 37-40 Page 37 Page 39 1 A Correct. 1 Q Okay. And, again, justa foundational-type 2 Q --is everything in here still true and 2 question. What exactly were you asked by plaintiff's 3 correct? 3 counsel to do in this case? 4 A Well, | haven't read it thoroughly to check 4 A They sent me a copy of your motion for summary 5 to see if there would be anything that! would add to 5 judgment. 6 it 6 MR. AMIRI-DAVANI: Well, let me object. I'm 7 Q Well, thatis a critical thing, and so we're 7 sorry. You're talking about the case overall or just 8 going to have to take a break and let you read it. 8 the summary judgment? 9 A Fine. 9 MR. LITVAK: The case overall. 10 MR. LITVAK: So we can go off the record. 10 THE WITNESS: Oh, I'm sorry. 11 THE REPORTER: Agreed, Counsel? 11 BY MR. LITVAK: 12 MR. AMIRI-DAVANI: That's fine. Yes, thank 12 Q That's included, yeah, sure. 13 you. 13 A thought -- 14 MR. LEVY: Yes. 14 Q Yourassignment-- 15 (Discussion off the record.) 15 A --inregard to this declaration -- 16 BY MR. LITVAK: 16 Q No, no. Again it's justa broad sort of 17 Q Sir, have you had an opportunity to now review | 17 foundational question. What was your assignment? What 18 your declaration which has been marked as Exhibit C in | 18 were you asked by plaintiff's counsel to do in this 19 this case? 19 case? 20 A | have. 20 A Well, I really wasn't given any specific 21 Q And so the question that | asked you when we | 21 direction much. | was asked to go to the -- to witness, 22 took a break so you could review it was is the contents | 22 you know, the machine at the Astro-Tek company, and it 23 of this declaration still, as you sit here today, true 23 was explained to me, you know, the accident that had 24 and correct? 24 happened and what happened to Mr. Nguyen, and that's 25 A What! have in there is true and correct; 25 really the only direction that | was given. Page 38 Page 40 1 however, it may not be complete. Since | have -- since 1 Q And you were told that you were going to be 2 | wrote that, I've had the opportunity to read the 2 designated as a retained expert? 3 depositions of Mr. Chen, | believe, and Mr. Liu who were | 3 A Yes, sir. 4 representing YMC. 4 Q And based on all your years of experience you 5 Q YMT? 5 understand what that means? 6 A YMT, I'm sorry, company, and, of course, you 6 A ldo. 7 know, their depositions were rather lengthy, and they 7 Q Thatyou would be called at trial to render 8 contained a lot of information which I didn't have 8 certain opinions as it pertains to the plaintiff's case? 9 access to before. So | would probably change or add 9 A Correct. And took itto be my task as a 10 to -- well, don't have anything that would really 10 forensic engineer to try to understand what happened, 11 change, but | think | could add to some of the things 11 whatwe'll call an incident, and try to determine the 12 in my declaration. 12 scenario of how it happened; and then based on the 13 Q Okay. 13 scenario of how it happened, | would try to determine 14 A Forexample, on page 4 -- 14 whether there was a defect in the machine or some other 15 Q [I'll ask you about those when we get copy of 15 explanation for the event 16 it, butthese are sort of preliminary foundational 16 Q So when you started your assignment, fair to 17 questions. 17 say that you kept an open mind as to whether or not the 18 A Okay. 18 machine was defective? 19 Q Well, I'm sure that we'll get into the meat 19 A Yes, | had no idea of any of the circumstances 20 of this a little later; but again just generally 20 whenever | arrived on the site of the Astro-Tek factory 21 speaking, the opinions that you stated in that 21 and was shown the machine. 22 declaration, do they still hold true or are you going to 22 Q Allright. Butyou understand that it was 23 make any changes to the opinions that are set forth in | 23 the plaintiff's contention -- and itis the plaintiff's 24 Exhibit C? 24 contention -- that the machine is defective in some 25 A | believe that my opinions are still true. 25 way? 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 41-44 Page 41 Page 43 1 MR. AMIRI-DAVANI: Vague and ambiguous as to 1 THE WITNESS: Did | write that? 2 time. 2 BY MR. LITVAK: 3 BY MR. LITVAK: 3 Q Well, I'm asking you generally when someone is 4 Q So you understand that's -- 4 familiar, that's just that, they're familiar. There's, 5 A Uh-huh. 5 in my mind, a distinction between being familiar and 6 Q -- the plaintiff's contention? 6 being an expert. So is it fair to say that you're not 7 A Thatis their contention today. 7 an expert in machining processes and computer-controlled 8 Q Okay. Now have you finished your work in this 8 machining? 9 case? 9 A | would say I'm qualified as an expertin 10 A | don'tknow the answer to that. | haven't 10 those areas, yes. 11 been asked to do anything else. 11 Q Well, have you gotten any formal education or 12 Q Well, that's kind of important because this 12 training in machining processes and computer-controlled 13 is, like | said, the only chance we get to ask you 13 machining? 14 questions before trial; so to the extent that there's 14 A Yes. 15 any additional work that you intend to do that could 15 Q And whatis that? 16 in some way modify or augment your opinions, we need to | 16 A Well, back in the dark ages when | was going 17 know about that. 17 to school, we actually had to take classes, and we 18 A Well -- 18 learned how to run all these machines. We learned how 19 MR. AMIRI-DAVANI: And that's nota question. 19 to run lathes and shapers and all kinds of threading 20 Is there a question? 20 machines. That was part of our curriculum. 21 BY MR. LITVAK: 21 Q Whatyearwas that? 22 Q Sol need you to be precise, sir. So is there 22 A | graduated from the University of Texas in 23 some additional work that you anticipate doing in this 23 1968, and | graduated with a Ph.D. in '73, if I recall. 24 case? 24 Q So you're saying thatthe CNC that's atissue 25 A | don't anticipate doing any work, and | 25 in this case, you got education and training on that Page 42 Page 44 1 haven't been asked to do any additional work. 1 type of machine back in the '60s? 2 Q Okay. 2 MR. AMIRI-DAVANI: Well, hang on. You 3 MR. AMIRI-DAVANI: And justso you know, if 3 interrupted him when you asked him for -- 4 there are additional or different opinions, then we'll 4 MR. LITVAK: | didn't mean to. 5 letyou know. 5 MR. AMIRI-DAVANI: Well, let him finish. 6 MR. LITVAK: Well, that doesn't really help us 6 THE WITNESS: Yeah, | wasn't finished 7 because we have a trial date. Usually when we getto 7 answering the question. 8 the point of expert depositions, the work has been done | 8 BY MR. LITVAK: 9 so that we are not surprised at trial. 9 Q Go ahead. 10 Q Do you understand that, sir, that that's sort 10 A | said at that time we were actually taught 11 of the way this works? 11 how to use all these machines, and they were manually 12 A | do understand it, yes. 12 operated at that time; but part of being an expert 13 Q Okay. There's one question that | did want 13 in machining is to be able to actually do machining 14 to ask you, and it came up when | was looking atyour | 14 manually. You can't understand a computer numerical 15 declaration that's marked as Exhibit C. You said on 15 control machine until you know how to machine something 16 page 2, that speaks to your qualifications, that 16 yourself. 17 you're familiar with machining processes and computer- | 17 So that was the foundation for my expertise 18 controlled machining. Do you remember writing that? 18 in machining, having actually been a machinist trainee 19 A Yes. 19 and having done actual machining on many machines. My 20 Q Is thata fair statement? 20 first job out of school was an engineering job, and the 21 A Yes. 21 company | worked for had a very liberal policy about 22 Q Isitalso fair to say that you're notan 22 engineers. 23 expertin machining processes of computer-controlled 23 We had access to our own shop, and so we 24 machines? 24 actually would go down and build the parts that we were 25 MR. AMIRI-DAVANI: Vague and ambiguous. 25 designing so that in addition to the engineering design 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 45-48 Page 45 Page 47 1 work, | was actually machining parts and making parts 1 as the one atissue in this case? 2 thatl was designing and selling as electronic 2 MR. AMIRI-DAVANI: That was a double negative. 3 countermeasures for the defense department; and then -- 3 BY MR. LITVAK: 4 if you let me finish, I'll complete my answer. 4 Q Have you ever received any education or 5 Then after that | got into the finite element 5 training in the type of CNC machine thatis at issue in 6 analysis, computer analysis of structures, and | spent 6 this case? 7 from about 1970 until | sold that company in 1998 doing 7 MR. AMIRI-DAVANI: Asked and answered. 8 computer structural analysis of all types of structures, 8 BY MR. LITVAK: 9 and that work included building computer models of 9 Q Yesorno? 10 structures and components and then working with the 10 MR. AMIRI-DAVANI: He needs -- well -- 11 machining people to come up with ways to make those 11 THE WITNESS: My education is applicable. 12 parts from the drawings and analyses that we had 12 BY MR. LITVAK: 13 provided, and so that's why | consider myself an expert 13 Q Well, I'm not asking if it's applicable, sir. 14 in this area. 14 It's a very specific question, and | think you've 15 Q Have you had any education or training in the 15 answered it, but I'm just trying to be a litle more 16 use of a CNC machine such as the one in question in this | 16 precise. 17 case? 17 A I've never had a course in a particular 18 A | have never been educated or trained on that 18 machine that does machining if that's what you're 19 particular machine. 19 asking. 20 Q Okay. Ididn'task you about that particular 20 Q Okay. Well, that covers education. Now what 21 machine. | said have you gotten any education or 21 abouttraining? 22 training on the operation or use of a CNC machine such 22 A I've never been trained to physically use one 23 as the one in question in this case, not the one, not 23 of these machines or similar machine. 24 the model, buta CNC machine such as the one atissue in | 24 Q Thank you. One other question before we move 25 this case? 25 on, a broad question. Page 46 Page 48 1 MR. LEVY: Objection. Vague. 1 In this entire declaration, which was marked 2 MR. AMIRI-DAVANI: Same objection. 2 as Exhibit C, there's no mention of something called a 3 BY MR. LITVAK: 3 manual pulse generator. Is that a true statement, sir? 4 Q Do you understand my question, sir? 4 A ldon'tbelieve so. | believe -- 5 A | understand your question. 5 MR. AMIRI-DAVANI: | think the document speaks 6 Q Is itthe same answer? 6 foritself. 7 MR. AMIRI-DAVANI: Okay. I'll join in that. 7 BY MR. LITVAK: 8 Whatdo you mean by -- do you mean formal training, 8 Q Is thata true statement, sir? 9 education or -- 9 A | don'trecall using those terms. 10 MR. LITVAK: Tiva, lethim answer. He's 10 Q Okay. Well, do you know what a manual pulse 11 capable of answering. 11 generator, which is typically given the acronym MPG, do 12 THE WITNESS: Well, when | started working on 12 you know what that is? 13 these CNC machines, there weren't machines like this 13 A Yes. 14 available to be sold to manufacturers. It was a process 14 Q And is there a particular reason why you never 15 that people were developing. 15 mentioned that in your declaration attached as Exhibit 16 The whole CAD/CAM process, CAD is computer- 16 C? 17 aided engineering, and CAM is computer-aided 17 MR. AMIRI-DAVANI: That question is vague and 18 manufacturing. The CAD/CAM process was being developed | 18 ambiguous and argumentative. 19 over the years after | received my Ph.D. from 1973, 19 BY MR. LITVAK: 20 and | continued to work in that area. So yeah, the 20 Q Go ahead. 21 information that | was providing to manufacturers helped 21 A lalluded to the manual operation of a machine 22 them develop machinery that could do this. 22 which basically includes using that type of motion -- 23 BY MR. LITVAK: 23 generating that type of motion. 24 Q So, again, you did not receive any formal 24 Q lunderstand that you alluded, but that wasn't 25 education or training with respect to CNC machines such 25 my question. Is there a particular reason why you never 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 49-52 Page 49 Page 51 1 explicitly mentioned a manual pulse generator, or MPG, 1 independent, no. 2 in your declaration marked as Exhibit C? 2 BY MR. LITVAK: 3 MR. AMIRI-DAVANI: Asked and answered. 3 Q You can use itseparately and apart from the 4 THE WITNESS: No. 4 controls that are on the actual control panel of the 5 BY MR. LITVAK: 5 subject machine. Do you understand that to be the case? 6 Q Do you know whatan MPG is? 6 MR. AMIRI-DAVANI: Same objection. 7 A |said | did earlier, yes. 7 THE WITNESS: It's my understanding that it 8 MR. AMIRI-DAVANI: Asked and answered. 8 actually is a -- itaugments the controls on the 9 BY MR. LITVAK: 9 machine. 10 Q Sorry? 10 BY MR. LITVAK: 11 A |already said | did. 11 Q Augments which means itcan be used to 12 Q Okay. Whatis it? 12 position the workpiece and align the workpiece prior to 13 A A manual pulse generator. 13 running the machine, correct? 14 Q And whatis that? 14 A Correct. 15 A Thatis when you are in the manual mode of 15 Q Allright. 1 have a couple more questions on 16 operation and you want to move the head, the partthat | 16 your background that! forgot to ask. Do you have any 17 actually is machining, in increments or if you want to 17 licenses or certifications that would pertain to the 18 move the table in small increments during the set-up, 18 operation of a CNC machine such as the one in question? 19 for example, then you can use a manual pulse generator | 19 A No. 20 thatgenerates small incremental motion of these parts 20 Q You never got any type of certificate that 21 so thatyou can measure the accuracy. 21 speaks to your qualifications to operate a CNC machine 22 Q Do you know whether Mr. Nguyen was using the | 22 such as the one in question? 23 MPG atthe time of this accident? 23 A No. 24 A It's my understanding -- 24 Q Have you ever worked as a CNC machine 25 MR. AMIRI-DAVANI: Wait. Hang on one second. | 25 operator? Page 50 Page 52 1 Letme justobjectto that. It's vague and ambiguous in | 1 A No. 2 multiple respects. 2 Q Have you written any publications that you 3 You can go ahead and answer if you understand. | 3 would say are germane to your work in this particular 4 THE WITNESS: It's my understanding that he 4 case? 5 was. 5 MR. AMIRI-DAVANI: What was that question? 6 BY MR. LITVAK: 6 (Record read as follows: 7 Q And you understand that as it pertains to 7 "Q Have you written any publications 8 the subject machine, the manual pulse generator is 8 that you would say are germane to your work 9 attached to a cord such thatitcan be taken away from | 9 in this particular case?") 10 a control panel and used closer to the table. Do you 10 MR. LEVY: Vague. 11 understand that? 11 MR. AMIRI-DAVANI: Join. 12 A Yes. | have a picture of it right here. 12 THE WITNESS: The publications that I've 13 Q Butyou understand that it's not static in 13 written would not be -- would not be on this particular 14 the way thatit cannot be moved away from the control | 14 application, no. 15 panel. It's attached to a cord so thatitcan be moved |15 BY MR. LITVAK: 16 by the operator to come closer to the table. Do you 16 Q Have you ever had any previous case in which 17 understand that? 17 you've acted as an expert withess or a consultant that 18 A | do understand that. 18 were similar in some respect to this particular case? 19 Q And you understand that it's independent from | 19 MR. LEVY: Vague. 20 the main control panel -- 20 MR. AMIRI-DAVANI: Join. 21 MR. AMIRI-DAVANI: Vague and ambiguous. 21 MR. LITVAK: Maybe that was a bit vague. 22 BY MR. LITVAK: 22 Q Have you ever had another case involving a CNC 23 Q --on the subject machine? 23 machine? 24 MR. AMIRI-DAVANI: Vague and ambiguous. 24 A No. 25 THE WITNESS: | don't believe thatit's 25 Q The same question just to make it a little 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 53-56 Page 53 Page 55 1 broader. Any other case pertaining to a milling machine | 1 A No, sorry. 2 ora lathe or anything like that? 2 Q Okay. Have you ever been the subject, or your 3 A Well, I have had a case that pertained to a 3 opinions, ever been the subject of a Daubertora Frye 4 grinder on a lathe, yes. 4 motion? 5 Q Tell me about that. 5 A I'm sure | don't know what that is. 6 MR. AMIRI-DAVANI: Vague and ambiguous. 6 MR. AMIRI-DAVANI: Calls for speculation. 7 BY MR. LITVAK: 7 BY MR. LITVAK: 8 Q Tell me about the case. What happened or what | 8 Q You don't know what thatis. | should have 9 did you do or what were your opinions in broad terms? 9 asked. Have you ever been the subject of a motion to 10 A The case involved a gentleman who was actually | 10 exclude your expert testimony? 11 using a grinder on a lathe to generate a smooth surface | 11 A Yes. 12 on a partthat he was manufacturing, and the grinder 12 Q Okay. Can you tell me in which case? 13 malfunctioned and the stone came apart, and he lostan | 13 A ldon't remember -- | don't remember the name 14 eye in the process. 14 of the case. Itwas a car accident, a rollover. | was 15 Q Were you retained by the plaintiff or the 15 testifying as to the strength of the roof of a vehicle, 16 defense? 16 and the Ford Motor Company claimed because | had never 17 A Plaintiff. 17 designed a roof, | wasn't qualified to be an expertin 18 Q And what conclusion did you come to in that 18 thatcase. 19 case? 19 The case was -- what do you call it? The firm 20 A The stone came apart, and because itwas ata | 20 thathad the case filed a motion for a mistrial. The 21 high rotational velocity when it came apart, the impact 21 judge awarded it saying that | was qualified to testify, 22 energy was enough to put out his eye. It went right 22 and itwas retried, and that's the only time. 23 through his safety glasses which were inadequate. 23 Q Okay. And you were an expert for the 24 Q And did you conclude that the grinder was 24 plaintiff in that case? 25 defective? 25 A lwas. Page 54 Page 56 1 A |did. Inthatcase the grinder was 1 Q Okay. Well, I think we can turn to the 2 overspeeded. It was highly revved and it shouldn't have 2 declaration again which was marked as Exhibit C; and 3 been able to do that, and that's why the stone came 3 earlier when we took a break, you had an opportunity 4 apart. 4 to go through that when | asked you if there were any 5 Q Do you remember approximately what year that 5 changes or additions that you wanted to make -- 6 was, thatcase? 6 A Correct 7 A Avyearago. Itshould be in my list if | was 7 Q --tothatdeclaration. So why don't you 8 everdeposed, and | think | was deposed in that case, 8 firststart out by summarizing for me, if you would -- 9 yeah. 9 and | know it's there, but | need to ask you anyway 10 Q Butno other cases involving a CNC machine? 10 to summarize for me, if you would -- the opinions that 11 MR. AMIRI-DAVANI: Asked and answered. Come | 11 you've formed in the case, and then after you do that 12 on, Uri. 12 | can ask you for any changes or additions or what have 13 BY MR. LITVAK: 13 you. 14 Q Are you still cogitating on that? 14 A Okay. Well, my declaration here, as | said 15 A Is there is a question? 15 earlier, was written in response to your motion for 16 (Record read as follows: 16 summary judgment, so -- 17 "Q Butno other cases involving 17 Q Idon'tneed you to -- sorry to interrupt. 18 a CNC machine?") 18 You don't need to read it verbatim. If you want to make 19 THE WITNESS: I said "No." 19 some changes or whatever, please feel free. 20 MR. LITVAK: Sorry about that 20 A Thank you. And so the manner in which it's 21 THE REPORTER: | was writing the objection, 21 written is in response to your motion for summary 22 and | didn'thear your response. 22 judgment. 23 BY MR. LITVAK: 23 Q Okay. 24 Q |thought that maybe you were still cogitating 24 A It's not necessarily the way | would have 25 onit 25 written an expert report, so be aware of that that the 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 57-60 Page 57 Page 59 1 form of itis because it's a response to a motion for 1 Q So fair to say that numbers 1 through 5 on 2 summary judgment -- 2 pages 4 through 5 of Exhibit C accurately summarize your 3 Q Okay. 3 opinions in this case? 4 A -- butin the same vein in order to respond 4 MR. AMIRI-DAVANI: Well -- 5 tothe MS), itwas necessary for me to actually put down 5 THE WITNESS: Not necessarily. 6 some opinions and go through my logic and reasoning. So | 6 BY MR. LITVAK: 7 1did that. 7 Q Okay. Well, then this is your chance to 8 On page 4 under "Scope of Work" | listed the 8 explain. 9 things that | considered and the things | had done, and 9 A You wanted me to go through this -- 10 so you could read that, of course, for yourself. | 10 Q Yeah-- 11 actually spent some time with Mr. Nguyen. He came to 11 A -- and I'm going through it at my pace here. 12 my office once, and | talked to him on the phone at 12 Q -- please do. 13 leastone other occasion because | wanted to understand | 13 A Under item 7, you know, and that's on page 5, 14 exactly what happened with him, and so | was able to get | 14 | have a paragraph titled "This machine is defective for 15 some additional information there. 15 the following reasons:" and then | present three points 16 As | said, | had read three depositions at 16 there that! believe contributed to this accident that 17 that point, two that | only got yesterday which were 17 relate to the defective design of the machine. Now do 18 taken abouta week ago that! hadn't obviously had a 18 you want me to read them or should they speak for 19 chance to read at the time that | wrote this. So that's 19 themselves? 20 why there will be some additional information that was 20 Q Arethey-- 21 available to me -- that is available to me now that 21 MR. AMIRI-DAVANI: Can we take a quick break 22 wasn'tavailable to me then. 22 before you ask your next question? 23 Q And feel free to -- 23 MR. LITVAK: Well, hold on. Letme just 24 A llitry to -- 24 ask -- 25 Q -- incorporate that as you state your opinions 25 MR. AMIRI-DAVANI: You didn't ask your Page 58 Page 60 1 in this case. 1 question yet. Can we take a break? 2 A Okay. So anyway it's probably instructive 2 MR. LITVAK: Okay. 3 to look at page 4 where | have Section 3, "Summary of 3 MR. AMIRI-DAVANI: Thank you. 4 Comments and Opinions." And so basically, you know, 4 (Recess.) 5 I've listed about six things there; that | believe that 5 BY MR. LITVAK: 6 Nguyen was not misusing the machine, and | explained why | 6 Q Sir, you had an opportunity to chatin the 7 1 don't think so. 7 hallway? 8 | believe that he was using the manual mode of 8 A 1did. 9 operation to move the part on the table whenever he was 9 Q And whatdid you talk about? 10 injured. From my inspection and discussions with him, 10 A He wanted to make sure that! took into 11 | believe he had to have access to the interior of the 11 account the testimony of Mr. Liu, Corey Liu, whenever | 12 machine which he could not get by standing outside the 12 discussed these things. 13 machine. 13 Q That's it? You were out there for a little 14 Number 4, in their motion for summary judgment 14 bit. Was there anything else? 15 you made a point that he should have cut all power to 15 A Well, his testimony ran about 145 pages, and 16 the machine, and | say that's not possible because he 16 so it's not -- it takes a little bit of time to talk 17 had to move the part under the tool to align it 17 about it. 18 properly; so, therefore, he couldn't have cut the power 18 Q Did you find Mr. Liu's testimony useful? 19 to the machine. 19 A | did, yes. 20 Number 5, is | believe he was not operating 20 Q And you took it into account, sort of if you 21 the machine as defined by the operation of the machine. 21 would, in tweaking your opinions in this case? 22 He was only in a set-up process, and there's a big 22 A Well, I'm still in the process of doing that. 23 distinction between operation and set-up. And then 23 You know, whenever | write something like this, | don't 24 finally under item 6, | have some additional detailed 24 doitin 15 or 20 minutes. Sometimes | have to think 25 comments to your MS], Section 7. 25 about it and then write something and then make sure 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 01-64 Page 61 Page 63 1 thatit makes sense and then go back. 1 You bolt it to a table, and, generally 2 | mean maybe you're better atitthan I am, 2 speaking, you use a little plastic hammer or a rubber 3 but! usually have to make a couple of passes before 3 hammer or something to tap it and move it around 4 I'm really happy with the wording, and that's what 4 slightly. And then you keep tightening the dogs down 5 I'm trying to do is understand how Mr. Liu's testimony 5 to hold itin place, and then you measure it with a 6 affects any of the opinions | might have had at the time | 6 dial indicator, and all of these things are part of the 7 that! wrote this. 7 set-up; and if you don't get that workpiece perfectly 8 Q Okay. And, you know, that's why | asked you 8 aligned with the axis of the machine, then you're 9 the question the way that! did. Itallowed you to 9 going to end up having a partthat doesn't meet the 10 not simply recite verbatim what you wrote in this 10 specification. 11 declaration -- 11 I'm just saying in this one, this machine 12 A Correct. 12 cannot currently be used for highly accurate components 13 Q -- butspeak in your own words what your 13 if you override the lockout; in other words, if you 14 opinions are in this case, and that's what | need from | 14 prevent people from getting to the workpiece and setting 15 you, sir. | need you to give me your opinions in this 15 it up having the door closed, you can't make detailed 16 case. 16 parts. Sol think that's a defect. If you can't get 17 A Well, I'm doing my best. 17 to the inside of the machine and set up a part and you 18 Q So Section 3 of the report, "Summary of 18 can't make precision pieces, then the machine value 19 Comments and Opinions," you were taking me through | 19 goes down tremendously because then you'd only be making 20 those, and they continue on page 4 and they continue | 20 rough machine parts, you can't make final machine parts, 21 to -- itlooks like they end at the bottom of page 5. 21 and that's what 7.1 is all about in my own words. 22 A Yes. 22 Q Okay. And there's no reference in 7.1 to the 23 Q So again | need you to complete, if you would, |23 MPG, correct? You never referenced it or considered the 24 telling me what exactly your opinions are in this case. |24 MPG as it pertains to the opinions set forth in 7.1 that 25 A Yes. Well, I'm doing my best. 25 you just shared with us. Page 62 Page 64 1 Q Okay. Keep going then. 1 A It's notrelevant o that opinion. 2 A Where was I? Where would you like me to start 2 Q Okay. Well, I'll ask you why later, but you 3 back? 3 didn'treference it or consider it -- 4 Q | think you were at "This machine is defective 4 MR. AMIRI-DAVANI: The document speaks for 5 for the following reasons," and you were explaining why 5 itself. 6 you thought that the machine was defective. 6 BY MR. LITVAK: 7 A Okay. At7.1 my opinion was that the 7 Q -- correct? 8 opinion -- that the machine in question is such a large 8 A Yes, as | said, it was notrelevant, so | 9 machine, has such a large area for the workpiece -- | 9 didn'taddress ithere in 7.1. 10 mean it's as small as a -- | mean it's as big as a 10 Q So your opinion as you sit here is that the 11 storage building for lawn mowers and stuff. | mean it's 11 MPG is notrelevant o the set-up of a workpiece on this 12 something that you could probably puta small car into. 12 particular machine. 13 So itisn'ta small machine. 13 MR. AMIRI-DAVANI: That misstates his 14 Most of us think of machines that machine 14 testimony. 15 things as being something that makes a small part. This 15 BY MR. LITVAK: 16 is a very large machine. So a person who is doing a 16 Q Is thatwhat you're saying, sir? 17 set-up has to be able to get to the machine and to get 17 A No. I'm not saying that atall. 18 close enough to the workpiece where he can actually make | 18 Q Butyou didn't consider the MPG as it pertains 19 sure it's aligned properly, okay? 19 to the opinions in 7.1 that you just shared with us, 20 Locking out or preventing any motion of the 20 correct? 21 machine when the door is open will prevent you from 21 A This opinion is -- relates to the fact that 22 actually being able to align the workpiece as you need 22 the set-up man has to have access to the inside of the 23 to. You cannot hold a tolerance as you need to if you 23 machine during the set-up process. 24 don't have access, close access to being able to move 24 Q And you didn't consider how the MPG might 25 the part. 25 affect the ability of the set-up man to have access 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 65-68 Page 65 Page 67 1 to achieve the precise alignment of the workpiece, did 1 BY MR. LITVAK: 2 you? 2 Q Sir, did you -- again did you read anywhere 3 A | considered it, butit wasn't relevant to 3 in Mr. Liu's testimony that when he setup and did the 4 what | was putting down here. 4 initial set-up of this machine at Astro-Tek that there 5 Q You considered it, but you didn't mention it 5 was little to no distance between the table and the 6 in7.1;is that-- 6 sill? Did you read that anywhere in Mr. Liu's 7 MR. AMIRI-DAVANI: Asked and answered. 7 testimony? 8 BY MR. LITVAK: 8 A Ididn'tthat! recall. 9 Q Is thatright? 9 Q So the factual basis for your statementin 7.2 10 A |didn't need to mention it. It was not 10 thattable was -- 11 relevant. 11 MR. AMIRI-DAVANI: Hang on one second. He's 12 Q Okay. Lets goonto 7.2. What's your 12 looking at the deposition transcript. Do you want to 13 opinion there? 13 give him a chance to look it over? 14 A "The table is programmed to move so close 14 MR. LITVAK: No. I'm going to ask my 15 to the sidewall/sill that Mr. Nguyen's foot could be 15 question. 16 crushed." That's a serious defect because the designer | 16 Q So the factual basis for the statement that 17 should have anticipated that someone could have been 17 you made in 7.2 "The table was programmed by the factory 18 standing or have other limbs or even some parts could 18 to move so close to the sidewall/sill Mr. Nguyen's foot 19 have gotten in thatarea whenever the table moves so 19 could be crushed," you say the only factual basis of 20 close to the sill that it would crush it. 20 thatis Mr. Nguyen's own statements to you? 21 Now there was no protection against something 21 MR. AMIRI-DAVANI: Could | have that question 22 getting down there. It could have been designed out 22 read back? 23 easily, and other machines have designed that out. 23 THE WITNESS: Idon't-- 24 They have movable covers. They have ways that prevent | 24 MR. AMIRI-DAVANI: Lether read itback. Hang 25 getting any kind of a foot or hand or part, or anything 25 on. Page 66 Page 68 1 else, into an area where it can be crushed by the motion 1 (Record read as follows: 2 of the machine, and so I'm saying that that is a defect. 2 "Q So the factual basis for the 3 Q So you say the table was programmed by the 3 statement that you made in 7.2 "The table 4 factory to move so close to the sidewall/sill. 4 was programmed by the factory to move so 5 A Correct 5 close to the sidewall/sill Mr. Nguyen's 6 Q And whats the factual basis of that, sir? 6 foot could be crushed," you say the only 7 A Well, atthe time it was -- speaking with 7 factual basis of thatis Mr. Nguyen's own 8 Mr. Nguyen, he told me that that was the case; but 8 statements to you?") 9 subsequently after reading Mr. Liu's deposition, he 9 THE WITNESS: The answer is no. 10 confirmed that. 10 BY MR. LITVAK: 11 Q He confirmed what? 11 Q Whatelseis -- 12 A That the travel distances were controlled by 12 MR. LEVY: He answered a little too fast. | 13 the factory settings and that he couldn't even change 13 wantto object based on you said "sidewall," and that 14 them himself. He had to have someone come outfrom the | 14 misstates facts. It should be the front wall. That's 15 factory to control the maximum motion of the table. 15 just for clarity. 16 Q Didn'tyou read in Mr. Liu's testimony that 16 MR. LITVAK: Excuse me. | know you don't have 17 he testified that when he set it up, there was probably 17 the benefit of the document -- 18 this much, | remember him saying, about 9 inches of 18 MR. LEVY: Right. Okay. 19 distance between the table and the sill? Don't you 19 MR. LITVAK: -- so, please. 20 remember that testimony, sir? 20 Q The factual basis -- other than you said 21 A | don'tremember that testimony as | sit here 21 Mr. Nguyen telling you that there was little to no 22 today. 22 distance or that it was so close, what other factual 23 Q You missed that when you read it? 23 basis is there? 24 MR. AMIRI-DAVANI: Well, that lacks 24 A The fact that it crushed his foot. 25 foundation. 25 Q No, no, no, sir. 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 69-72 Page 69 Page 71 1 A Well, that is a fact. You cannot deny that 1 MR. LITVAK: You are blatantly lying and 2 that's a fact. 2 misstating. There are four other people in the room. 3 Q No, butagain I really need to direct your 3 MR. AMIRI-DAVANI: Calm down, okay, and we'll 4 attention to 7.2. You say "The table was programmed by | 4 getthis deposition done. 5 the factory." Now what is the factual basis for you 5 BY MR. LITVAK: 6 saying that "the table was programmed by the factory"? 6 Q Sir, do you need a break? 7 How do you know that? 7 MR. AMIRI-DAVANI: We're going off the record, 8 A Mr. Liu said that. 8 okay? 9 MR. AMIRI-DAVANI: He already asked and 9 MR. LITVAK: I'm not agreeing to go off the 10 answered that. 10 record. 11 THE WITNESS: Mr. Liu said that in his 11 MR.AMIRI-DAVANI: Okay. Well, then -- 12 deposition. 12 BY MR. LITVAK: 13 BY MR. LITVAK: 13 Q Sir, do you need a break or can we continue? 14 Q Hesaid -- let's see that. He said that the 14 MR. AMIRI-DAVANI: You know what? We're going 15 table was programmed by the factory to move so close | 15 to take a break. 16 to the sidewall/sill that Mr. Nguyen's foot could be 16 MR. LITVAK: I'm not agreeing to go off the 17 crushed? Is that what he said? 17 record, but you can leave the room. 18 A No, but number one, we know that Mr. Nguyen's | 18 MR. AMIRI-DAVANI: Okay. 19 foot was crushed, correct? | mean we cannot dispute 19 THE WITNESS: I need a break. 20 thatfact, right? 20 (A pause in the proceedings.) 21 Q Due to his own negligence, we cannot dispute 21 MR. AMIRI-DAVANI: | want to say for the 22 that 22 record that | don't want these expert depositions to get 23 MR. AMIRI-DAVANI: Allright. Hang on. You 23 hostile, okay? So by all means ask what you need to 24 know what? Okay. This is getting a little abrasive 24 ask, butdon'tgetin Dr.) ones's face, and don't raise 25 right now, and | think we should all take a break. 25 your voice or anything like that. Okay? Page 70 Page 72 1 MR. LITVAK: We don't need a break. 1 MR. LITVAK: | have not raised my voice, and 2 MR. AMIRI-DAVANI: Well, we're going to take a | 2 I'm sitting on my side of the table, so | don't know 3 break, okay? 3 what you mean by "getting in his face." You are 4 BY MR. LITVAK: 4 exaggerating and overstating, so you're just posturing. 5 Q Do you need a break, sir? 5 Q Sir, again | was asking specifically about 6 MR. AMIRI-DAVANI: Well -- 6 the factual basis for the statement that "the table was 7 MR. LITVAK: | don'tthink it's abrasive. 7 programmed by the factory to move so close to the 8 MR. AMIRI-DAVANI: -- | need a break. 8 sidewall/sill that Mr. Nguyen's foot could be crushed." 9 MR. LITVAK: You keep disrupting and takinga | 9 Now you said that you spoke to Mr. Nguyen, and then | 10 lot of breaks and coaching the expert -- 10 asked you what other, if any, factual basis there was 11 MR. AMIRI-DAVANI: You know what, Uri -- 11 forthat, and your answer is? 12 MR. LITVAK: -- butif you need to do it 12 A The factthatit actually did move that close 13 again -- 13 to thatsillis a factual basis for that. 14 MR. AMIRI-DAVANI: -- your conduct is 14 Q How is that factual basis for a statement that 15 inappropriate, okay? You're getting -- you're raising 15 "the table was programmed by the factory to move so 16 your voice -- 16 close to the sill"? 17 MR. LITVAK: I'm not raising my voice. 17 MR. AMIRI-DAVANI: Argumentative. 18 MR. AMIRI-DAVANI: -- to my expert. You'rein |18 BY MR. LITVAK: 19 his face, and it's not appropriate, so if you want to 19 Q You're inferring from your conclusion that 20 continue -- 20 such a fact exists. Is that what you're saying? 21 MR. LITVAK: You're blatantly -- 21 MR. LEVY: Argumentative again. 22 MR. AMIRI-DAVANI: -- I'll terminate the 22 THE WITNESS: Well, there's only two 23 deposition. Okay? 23 possibilities, sir. If you'd let me answer the 24 MR. LITVAK: Have atit. 24 question, one possibility is it was programmed to 25 MR. AMIRI-DAVANI: Allright. So -- 25 move that close, and the other possibility is that 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 73-76 Page 73 Page 75 1 it malfunctioned because we know it got that close. 1 deposition to the best of my knowledge. 2 BY MR. LITVAK: 2 Q Those were important, and so you just got the 3 Q Well, is it another possibility that it was 3 transcript but not the exhibits, right? 4 programmed by someone other than the factory? 4 MR. AMIRI-DAVANI: Now hold on. Hang on. 5 A No. 5 MR. LITVAK: No. This is important. This is 6 Q Why? 6 really important. 7 A Because Mr. Liu specifically says "We can't 7 MR. AMIRI-DAVANI: Your opinion of what is 8 change those controls." 8 importantdoesn't matter, okay? So why are you putting 9 Q Right so -- 9 thatin there? 10 A And he's the expert or PMK for you, right? 10 MR. LEVY: Objection. Argumentative. 11 Q No. He's notan expert ora PMK. 11 BY MR. LITVAK: 12 MR. AMIRI-DAVANI: Well -- 12 Q Sir, are you telling me that when you say you 13 THE WITNESS: I don'tunderstand. | thought 13 reviewed the deposition transcripts that you only 14 his testimony -- 14 reviewed the physical transcript or rather the body of 15 MR. LITVAK: He's notan expertor PMK. 15 the transcript and not the exhibits? 16 MR. AMIRI-DAVANI: | think he's a PMK, but 16 A | don'trecall the details of Goldner because 17 that's okay. We can agree -- 17 it's been a while since | read it. 18 MR. LITVAK: No -- 18 Q And how about Kaiser? You mentioned his 19 MR. AMIRI-DAVANI: -- to disagree. 19 deposition. Did you review the exhibits to his 20 MR. LITVAK: -- he's notan expert or a PMK. 20 deposition? 21 He is simply a fact witness. 21 A | looked at them previously. 22 Q Butdoesn't his testimony simply preclude the 22 Q Did you getthem? 23 possibility thatit was YMT? How do you know it wasn't | 23 A As faras | know | did. If they're on my 24 someone other than YMT? 24 thumb drive, I did. 25 MR. AMIRI-DAVANI: That's been asked and 25 Q Butyou didn't-- you don't remember getting Page 74 Page 76 1 answered. 1 the exhibits to Goldner's deposition? 2 MR. LITVAK: No. 2 A | don'trecallit, no. 3 MR. AMIRI-DAVANI: You can'tjust keep asking | 3 Q And so as you sit here today, you have no 4 him the same question. 4 way of knowing whether it was YMT or the factory or 5 MR. LITVAK: | can ask whatever | want, Tiva, 5 some other third-party vendor that may have made 6 please. 6 modifications to the machine, do you? 7 Q How do you know that it wasn't someone other | 7 MR. LEVY: Objection. Asked and answered. 8 than YMT or the factory? 8 Argumentative. 9 MR. AMIRI-DAVANI: Asked and answered. 9 MR. AMIRI-DAVANI: And also -- 10 BY MR. LITVAK: 10 MR. LEVY: Vague and ambiguous. 11 Q How do you know? 11 MR. AMIRI-DAVANI: -- right. 12 A The answer is that from all information that 12 MR. LEVY: Lacks foundation. 13 | have received, everything I've read, those were the | 13 MR. AMIRI-DAVANI: Join. 14 only people that had access to these controls. 14 BY MR. LITVAK: 15 Q And so you didn't get the service records from | 15 Q You can answer, sir. 16 a called Uptime Electronics that made modifications to | 16 MR. LEVY: Misstates testimony. 17 the machine? 17 BY MR. LITVAK: 18 A 1 did not getthe -- 18 Q Go ahead and answer. 19 Q Youdidn't get that? 19 MR. AMIRI-DAVANI: Join in all those, and I'll 20 A -- service records. Well, | may have gotten 20 say vague and ambiguous as to "modifications." 21 them, butl didn't read the service records. 21 BY MR. LITVAK: 22 Q Youdidn't? Well, those were attached to 22 Q You need to answer the question. 23 Mr. Goldner's deposition. So you didn't see those 23 A Well, the answer is | obviously am not 24 records when you reviewed his deposition? 24 omnipotent, and | cannot tell you who might have made A 1 did not getthe attachments to Mr. Goldner's | 25 those changes. . ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 77-80 Page 77 Page 79 1 Q Butyou would agree that if there was another 1 design defect the way the manufacturer Pinnacle 2 vendor such as Uptime Electronics that we know serviced | 2 programmed the table? 3 the machine, they could have made the changes, right? 3 MR. AMIRI-DAVANI: Lack of foundation. 4 MR. AMIRI-DAVANI: Lack of foundation. 4 BY MR. LITVAK: 5 MR. LEVY: Calls for speculation. 5 Q Would you call that a design defect? 6 Argumentative. 6 MR. AMIRI-DAVANI: Vague and ambiguous. 7 BY MR. LITVAK: 7 THE WITNESS: If it could move close enough to 8 Q Is thattrue? 8 the sill to crush somebody's foot, then | would call 9 A | don'tknow whether that's true or not; and 9 thata design defect, yes. 10 the reason | don't know is because when | read Mr. Liu's | 10 BY MR. LITVAK: 11 deposition, he indicated that as a third party they did 11 Q Butdo you know one way or another whether the 12 nothave access to that type of control on the table. 12 distance between the table and the sill was part of the 13 So ifthat's true, then the other people couldn't have 13 design of this particular machine? 14 done it either. 14 A Well, I know that if it wasn't, it should have 15 Q Well, how do you know the other people didn't 15 been. 16 getthe access from the factory in order to make the 16 Q Do you know whether the distance between the 17 necessary changes? 17 table and the sill that you claim was too small or too 18 A As said, I'm not omnipotent. | cannot tell 18 short was part of the design of the machine? 19 you what might have happened. 19 A Well, I'l have to go back to my answer that 20 Q You justdon'tknow. 20 ifitwasn't itshould have been. 21 A | can tell you based on the information that | 21 Q That's notan answer. 22 had thatthese are the most likely scenarios. 22 A Ofcourse it's an answer. 23 MR. LEVY: Objection. It's an incomplete 23 MR. AMIRI-DAVANI: Itis. 24 hypothetical. 24 BY MR. LITVAK: 25 BY MR. LITVAK: 25 Q Do you know -- are you familiar with the Page 78 Page 80 1 Q Okay. So you say you're critical of the way 1 design of this particular machine? 2 the table was programmed by the factory in 7.2; is that 2 A Inasmuch as I've seen itand I've seen it 3 correct? 3 operate, yes. 4 MR. AMIRI-DAVANI: Well, you've already gone 4 Q Have you seen any schematics or CAD drawings 5 through this. 5 for the design of this machine? 6 MR. LITVAK: That's not an objection. Can you 6 A | have not. 7 please let me -- can you please stop and let me conduct | 7 Q Have you seen any detailed engineering 8 my deposition, please? 8 drawings for the design of this machine? 9 MR. AMIRI-DAVANI: Sure. | mean it's your 9 A No. 10 deposition -- 10 Q So you have no way of knowing one way or the 11 MR. LITVAK: Thank you. 11 other whether or not the distance between the table and 12 MR. AMIRI-DAVANI: -- and so you can do what | 12 the sill, how much distance was intended to be as part 13 you want-- 13 of the design of this machine. You have no way of 14 MR. LITVAK: Please stop. 14 knowing, do you? 15 MR. AMIRI-DAVANI: -- but we have covered it. 15 MR. AMIRI-DAVANI: Vague and ambiguous, 16 BY MR. LITVAK: 16 unintelligible and asked and answered. It's the same 17 Q Sir-- 17 question over and over again -- 18 MR. AMIRI-DAVANI: If you are looking for a 18 BY MR. LITVAK: 19 different answer, by all means -- 19 Q Do you have any way -- 20 MR. LITVAK: God. 20 MR. AMIRI-DAVANI: -- hoping to geta 21 Q Sir, please go ahead. So you're critical of 21 differentanswer. 22 the way the table was programmed by the factory in 7.2, | 22 BY MR. LITVAK: 23 correct? 23 Q Do you have any way of knowing that, sir, 24 A Yes. 24 given that you haven't seen the design or the schematics 25 Q And so would you say that that constitutes a 25 of this machine? 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 81-84 Page 81 Page 83 1 A Your question is did | know what it was 1 A |seem to remember that, yes. 2 intended to be, correct? 2 Q Do you remember that Mr. Liu testified about 3 Q Interms of the design of the machine, 3 the use of markers, X-Y markers, to determine the 4 correct 4 distance between the table and the front wall when he 5 A Well, I have no idea what would be the 5 setup the machine at Astro-Tek? Do you remember that 6 intention of the designer. All| can tell you is that 6 testimony? 7 itdidn'twork. 7 A Well, | remember reading about markers, but | 8 Q Do you know one way or another, based on the 8 don'trecall anything about how it related to the front 9 review of Corey Liu's testimony, how much distance there | 9 wall. 10 was between the table and the sill when the machine was | 10 Q By the way, why do you keep referring to the 11 originally setup by YMT at Astro-Tek? Do you know? 11 sidewall here in your declaration instead of the front 12 Did you read thatin Mr. Liu's deposition? 12 wall? 13 A | don'tknow the answer to your question 13 A |look ata box as having four sides. That 14 because | don't know if -- you know, just because 14 box had four sides. 15 Mr. Liu said something, that doesn't mean it was true, 15 Q So-- 16 is it? 16 A It's one of the sides. 17 Q Do you know whether Mr. Liu is the one that 17 Q -- would you like to correct what you said in 18 did the initial set-up of the machine at Astro-Tek? 18 your declaration here about the sidewall and call it the 19 A Well, I read Mr. Liu's deposition, and he said 19 front wall instead? Would that be more accurate? 20 that he basically received the machine, plugged itin 20 A It's still a sidewall. There's four sides to 21 and ran itthrough its paces; and they always did that, 21 abox. |callita sidewall; but if it would make you 22 but he did not machine any parts. He didn't actually 22 happy, you can refer to it as a front wall. 23 program itor setup any partin there because they 23 Q It's not about making me happy. It's about 24 didn'twant to getitdirty, so he didn'tdo anything to 24 being most accurate in terms of the way that these 25 itexceptturniton. 25 machines are referred to, and the way thatthe X and Y Page 82 Page 84 1 Q [I'm notasking you about that. I'm asking 1 axes are referred to in these machines. 2 about the set-up. 2 MR. LEVY: Objection. Argumentative. 3 A That's exactly what you were asking. 3 MR. AMIRI-DAVANI: There's no question 4 Q Now you may have glossed over this part, but 4 pending. 5 there were two separate things. Do you recall his 5 BY MR. LITVAK: 6 testimony about the actual delivery and set-up of the 6 Q Do you understand, sir, that certain axes 7 machine at Astro-Tek, going through the checklist of 7 correspond to moving the table front and back as opposed 8 items and warnings and things that he provided to 8 to leftand right on the machine? 9 Mr. Nguyen atset-up? Do you remember reading that 9 A Ido. 10 testimony? 10 Q And do you know which axis moves the table 11 MR. LEVY: Objection. Misstates testimony. 11 frontand back? 12 THE WITNESS: I don't. 12 A Ido. 13 BY MR. LITVAK: 13 Q Which one is that? 14 Q You don'tremember reading about that? 14 A You know, one of the reasons that | put 15 A I don'tremember in that level of detail, no. 15 pictures in my documents is so we know that for a fact. 16 Q Okay. Well, do you remember itin some level 16 If you look at Figure 2 of my document, | exactly have 17 of detail? 17 all of that depicted. 18 A Yes, | do. 18 Q Okay. And so what's the answer to my 19 Q Okay. So do you remember that Mr. Liu was 19 question? 20 the one thatactually came and did the set-up with 20 A Well, if you are moving it in the X direction, 21 Mr. Nguyen at Astro-Tek, remember? 21 thatgoes from the -- to and from or toward the opening. 22 MR. AMIRI-DAVANI: Vague and ambiguous as to | 22 Then if you move itin the Y direction, it's in the 23 "setup." 23 orthogonal direction; and if you move the workpiece in 24 BY MR. LITVAK: 24 the Z direction, that's the third direction of the 25 Q Do you remember that testimony? 25 machine. 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 85-88 Page 85 Page 87 1 Q So you would agree that calling it the front 1 Q Thats it? 2 wall would be more accurate than just a sidewall; isn't 2 A Well, we could go out and check it. 3 thattrue? 3 Q Check what? 4 MR. LEVY: Objection. 4 A To see if they have changed it. 5 MR. AMIRI-DAVANI: Asked and answered. 5 Q You haven't? 6 MR. LEVY: Misstates testimony. 6 A |don'thave access to operating the machine. 7 MR. AMIRI-DAVANI: Okay. This is -- | wish | 7 | was notallowed to operate the machine. 8 could tally -- | wish | started tallying the number of 8 Q Butwe're notasking about operating the 9 times that you've asked the same question over and over | 9 machine. We're asking about a very particular statement 10 again. 10 thatyou made under oath in this declaration. You said 11 BY MR. LITVAK: 11 "The factory representatives have subsequently changed 12 Q Isn'tthattrue, sir? 12 the factory settings to prevent the head from coming so 13 A Well, like I said, if it makes you happy, 13 close." So as you sit here today, you're telling me the 14 we'll call it the front wall. 14 entire factual basis for that is what Mr. Nguyen told 15 Q Now when you say the table is programmed by 15 you, the plaintiff? 16 the factory to move so close to the sidewall, which we 16 MR. AMIRI-DAVANI: Well -- 17 now -- let's refer to the front wall instead -- that 17 THE WITNESS: No. 18 Mr. Nguyen's foot could be crushed, can you tell me 18 MR. AMIRI-DAVANI: -- it's argumentative. 19 the distance that you say was so close? What was that | 19 MR. LITVAK: He said "No." 20 distance? 20 MR. LEVY: Asked and answered. 21 A Oh, about the width of an ankle. 21 THE WITNESS: Letme give you an answer that 22 Q About? You don'tknow? 22 maybe you can understand. When | was out there looking 23 A It's about the width of an ankle, | said, and 23 atthe machine, | was notable to see how far it moved 24 that's pretty definitive. 24 because the doors were closed; butas far as | could 25 Q Butyou can'tbe precise, can you? 25 tell by looking through the window, it didn't come close Page 86 Page 88 1 MR. AMIRI-DAVANI: Vague and ambiguous. 1 enough to that front sill to crush somebody's ankle. 2 THE WITNESS: The answer to thatis itdoesn't | 2 But | know it did at the time; so, therefore, 3 matter. 3 and again based on Mr. Liu's testimony, the only people 4 BY MR. LITVAK: 4 who could make that change were people who had access to 5 Q Thatwasn't my question. 5 the factory settings, and so | made the statement "The 6 A ltwas close enough to crush an ankle, and 6 factory representatives subsequently changed itso it 7 that's all that matters. 7 doesn't come so close to the sidewall." | think that's 8 Q Okay. Then your nextstatementis "The 8 a pretty rational way of looking at the problem. 9 factory representatives have subsequently changed the | 9 BY MR. LITVAK: 10 factory settings to prevent the head from coming so 10 Q Again that's very nice, but I'm asking for any 11 close to the sidewall/sill." Now what's the factual 11 factual bases, not supposition, not inference. You're 12 basis of that statement, sir? 12 a scientist, sir, and so you know what | mean. I'm 13 MR. AMIRI-DAVANI: What statement are you 13 notasking for your supposition or your inference. 14 talking about? 14 I'm asking you for a factual basis that the factory 15 MR. LITVAK: The one | just read. 15 representatives subsequently changed the factory 16 MR. AMIRI-DAVANI: And which number are you | 16 settings, and you're telling me the only factual basis 17 on? 17 thatyou have is what Mr. Nguyen told you; is that true? 18 MR. LITVAK: We're still on 7.2. 18 A No -- 19 THE WITNESS: It's the last paragraph. 19 MR. AMIRI-DAVANI: Asked and answered. 20 MR. AMIRI-DAVANI: The last sentence? 20 THE WITNESS: -- not exactly. 21 THE WITNESS: Yes. 21 BY MR.LITVAK: 22 MR. AMIR-DAVANI: Sorry. Go ahead. 22 Q Ihaven'theard any other facts. 23 THE WITNESS: That's information that | 23 MR. LEVY: Objection. 24 received from talking to Mr. Nguyen. 24 MR. AMIRI-DAVANI: He's laid it all out for 25 BY MR. LITVAK: 25 you. 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 89-92 Page 89 Page 91 1 MR. LITVAK: Excuse me. State your objection, | 1 MR. LEVY: Objection. 2 Tiva, or I'm going to terminate and we'll go to the 2 BY MR. LITVAK: 3 judge because you're disrupting my deposition. 3 Q Do you have any actual knowledge that the 4 MR. AMIRI-DAVANI: You can'tjust keep asking | 4 factory representatives came and made any changes to the 5 the same question -- 5 factory settings? 6 MR. LITVAK: No, | can. 6 MR. LEVY: Objection. Badgering. 7 MR. AMIRI-DAVANI: -- over and over. 7 MR. AMIRI-DAVANI: This is complete badgering. 8 MR. LITVAK: You can state your asked-and- 8 | completely join on that. He gave you a response. He 9 answered objection, but other than that, please stop. 9 doesn't have to change the response just because you 10 I'm asking nicely. 10 raise -- 11 MR. AMIRI-DAVANI: I'm asking nicely. Lower 11 MR. LITVAK: No. 12 your voice. 12 MR. AMIRI-DAVANI: -- your voice and ask it -- 13 MR. LITVAK: I'm asking please stop disrupting | 13 MR. LITVAK: I'm not raising my voice, Tiva, 14 my deposition. State your objection, but other than 14 please. 15 that keep your mouth shut. 15 Q You need to answer my question, sir. 16 MR. AMIRI-DAVANI: Okay. Lower your voice, |16 MR. LEVY: Objection. Badgering. 17 calm down, and please -- 17 BY MR. LITVAK: 18 MR. LITVAK: lam. 18 Q Do you have any actual knowledge? 19 MR. AMIRI-DAVANI: -- don't keep asking the 19 MR. AMIRI-DAVANI: Join. 20 same question. 20 THE WITNESS: | don't think such actual 21 MR. LITVAK: No. You don't getto tell me 21 knowledge exists. 22 what! can and cannot ask. 22 BY MR. LITVAK: 23 MR. LEVY: Objection. Argumentative. 23 Q That's my point, and so you don't have any 24 Unintelligible. Compound. Hostile. | don'tknow where | 24 actual knowledge, do you? 25 to start. | wouldn't know where to even -- he would 25 MR. LEVY: Objection. Argumentative. Asked Page 90 Page 92 1 even startanswering that question because there were 1 and answered. Badgering. Motion to strike this entire 2 so many parts, most of which were your own arguments, | 2 tirade from the record because it's frankly hostile and 3 so-- 3 abusive. 4 MR. LITVAK: That's notan objection. 4 MR. AMIRI-DAVANI: J oin and also vague. 5 MR. EXTRA: -- if you want to restate the 5 BY MR. LITVAK: 6 question -- 6 Q Go ahead and answer. 7 MR. LITVAK: Are you done? 7 MR. AMIRI-DAVANI: And it's also vague and 8 MR. LEVY: -- so thatit's a single question, 8 ambiguous as to "actual knowledge." 9 that's fine. 9 BY MR. LITVAK: 10 MR. LITVAK: Are you done? 10 Q Go ahead, sir. 11 MR. LEVY: Yeah, I'm done. 11 A Sir, in the work that | do you basically look 12 BY MR. LITVAK: 12 ata situation and say "This has happened"; and if there 13 Q Sir, you have no actual factual knowledge as 13 are no other ways that it could have happened, then, 14 you sit here that factory representatives came and made | 14 therefore, that would be the way that it did happen. 15 any changes to the factory settings on this machine, do | 15 Q And that's called an inference, correct? 16 you? 16 A No. That's called forensic engineering, sir. 17 MR. AMIRI-DAVANI: Vague and ambiguous -- 17 Q That's called your opinion. 18 MR. LEVY: Objection. 18 A No, it's not my opinion. 19 MR. AMIRI-DAVANI: -- as to actual knowledge. 19 Q tis. 20 MR. LEVY: Objection. Argumentative. 20 A Thatis pure logic. You're -- 21 THE WITNESS: | gave you the basis for my 21 MR. LEVY: Objection. Let him finish. 22 statement. 22 BY MR. LITVAK: 23 BY MR. LITVAK: 23 Q I'm asking you a very simple question, sir, 24 Q You need to answer my question, sir. Do you 24 and | think you answered. | think you said well, there 25 have any -- 25 is no factual knowledge, and I'm asking you a very 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 93-96 Page 93 Page 95 1 simple question. 1 MR. LEVY: Lacks foundation. 2 Do you have any, yourself as you sit here 2 MR. AMIRI-DAVANI: Join. 3 today, Mr. J ones, any actual knowledge that factory 3 THE WITNESS: | don'trecall. 4 representatives came and subsequently changed the 4 BY MR. LITVAK: 5 factory settings to prevent the head from coming so 5 Q Okay. We'll look at them later, but you 6 close to the sidewall/sill? Okay? So do you ordo 6 weren'taware one way or another? 7 you not? 7 MR. AMIRI-DAVANI: Why don't you show it to 8 MR. AMIRI-DAVANI: This is what, atleast 8 him right now? 9 three times that you've asked the same question? 9 MR. LITVAK: I'll show it to him when | choose 10 MR. LITVAK: | haven't gotten an answer yet. 10 to show itto him. 11 MR. AMIRI-DAVANI: Yes, you have, and you're | 11 MR. AMIRI-DAVANI: Sure, yeah. | mean if you 12 arguing with the witness. 12 wantto clear -- if you want to see whether they're 13 MR. LITVAK: | have not. 13 relevantor not or have anything to do with this case, 14 Q |Ineed an answer, sir. Yes or no, any actual 14 then let's go for it right now. 15 knowledge? 15 MR. LITVAK: So you will -- | will respond 16 MR. AMIRI-DAVANI: Itdoesn'thave to be yes 16 in kind when you are taking my expert depositions, 17 orno. You said that many times at prior depositions. 17 and we'll put that on the record. How's that? You're 18 THE WITNESS: Thats one of the advantages of | 18 being disruptive. You're coaching your expert by 19 being an expert, sir. You can give reasoning, and I'm | 19 doing extreme speaking objections, and it's totally 20 giving you my reasoning -- 20 unprofessional, improper and unethical. 21 BY MR. LITVAK: 21 MR. AMIRI-DAVANI: Proceed. Thank you. 22 Q You should -- 22 BY MR. LITVAK: 23 A -- and that's all you're entitled to. 23 Q Okay. Let's go on to the nextone. Well, 24 Q No. I'm entitled to an answer to my question. 24 actually before we do that, let's go back to 7.1. You 25 MR. AMIRI-DAVANI: He has. 25 said in 7.1 "This machine cannot currently be used for Page 94 Page 96 1 MR. LEVY: Objection. Argumentative. 1 highly accurate components because the lockout override 2 BY MR. LITVAK: 2 has been eliminated." What -- do you see that, sir, in 3 Q Youdon'thave any actual knowledge, do you? 3 7.1? 4 MR. LEVY: Asked and answered. 4 A ldo. 5 MR. AMIRI-DAVANI: Well, okay. You know what? | 5 Q What lockout override are you referring to? 6 THE WITNESS: As | said earlier, I'm not 6 A The lockout override that enables you to power 7 omnipotent; and if | would have been there and watched 7 up the machine when the door is open. 8 these factory representatives do that, then | could give 8 Q And was such a lookout override in existence 9 thatyou answer, yes or no, but | wasn't there. 9 on this machine? 10 BY MR. LITVAK: 10 A tis now. That's what | believe. 11 Q Okay. Butyou weren'taware that this other 11 Q Whatis the basis of that belief? 12 vendor called Uptime Electronics came and made 12 A When | was there, | said "Let's open the doors 13 modifications to the machine, were you? 13 and watch it." They said "We cannot operate at all with 14 A | was aware after -- 14 the doors open." Now if somebody showing me the machine 15 MR. AMIRI-DAVANI: Asked and answered. 15 told me that, then I'd have to take them for their word. 16 THE WITNESS: --1 read the deposition | got 16 Q Okay. So you have no factual basis for that 17 yesterday. 17 other than what was -- 18 BY MR. LITVAK: 18 MR. LEVY: Objection. Asked and answered. 19 Q And were you aware that those modifications 19 BY MR. LITVAK: 20 thatthey made to the machine happened prior to the date | 20 Q -- whatwas told to you. 21 of this accident -- in the months prior to the date of 21 MR. LEVY: Argumentative. 22 this accident? 22 BY MR. LITVAK: 23 MR. LEVY: Objection. Assumes facts notin 23 Q You didn't actually make that determination as 24 evidence. 24 an engineer. You just assumed that what you were being 25 MR. LITVAK: Were you aware of that? 25 told was true, correct? 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 97-100 Page 97 Page 99 1 A Well, when | go into a place and -- 1 warnings inside the machine. That's what | referred to 2 MR. LEVY: Objection. Argumentative. 2 there. 3 THE WITNESS: -- when | ask a question and 3 BY MR. LITVAK: 4 somebody gives me an answer that supposedly knows all | 4 Q Sir, is your role in this case to be a 5 aboutthe machine, am | supposed to quarrel with that 5 warnings expert? 6 person? No. | have to take them for their word. And 6 A No. My role is to use common sense and look 7 there's the fact that | said "Let's open the doors and 7 around; and if | don't see a warning, you don't have 8 watch the machine move," and they said "We cannotopen | 8 to be an expert to determine that there's not a warning. 9 the doors while it's running or it will stop." 9 Q Do you intend to testify at trial in this case 10 BY MR. LITVAK: 10 aboutthe adequacy of the warnings on the machine in 11 Q Okay. 11 this case? 12 A That's what they told me. 12 A If] am asked "Was there a visible warning 13 Q Butl saw in your photos that were in your 13 inside the machine?" | will say "No." 14 declaration that you were able to look inside the 14 Q That's notwhat| asked you, sir. 15 machine. 15 A Well, that's exactly what -- 16 A When it stopped. 16 Q | asked you about -- 17 Q Okay. So again you didn't conduct any tests 17 A -- | will testify to. 18 as an engineer to determine that any lockout override 18 Q --the adequacy of the warnings. | asked 19 has been eliminated, did you? 19 aboutthat because -- well, are you aware that one of 20 MR. LEVY: Objection. Misstates testimony. 20 the claims that plaintiff has made in this case is 21 Assumes facts notin evidence. Argumentative. 21 thatthe warnings were not adequate? Are you aware of 22 THE WITNESS: Firstof all -- 22 that? 23 MR. LEVY: Asked and answered. 23 A No. 24 THE WITNESS: -- let me just say that! was 24 Q Okay. 25 notallowed to do any control of the machine myself. 25 A | stick to my last -- Page 98 Page 100 1 | could only watch. | wasn't even allowed to take 1 Q Do you intend to offer any opinions with 2 pictures of the other machines in the plant. 2 respect to the adequacy of the warnings in this case? 3 MR. AMIRI-DAVANI: Okay. I'll join in the 3 MR. AMIRI-DAVANI: Vague and ambiguous whether 4 objections. 4 "adequacy" includes the lack thereof. 5 BY MR. LITVAK: 5 MR. LITVAK: Counsel, are you proffering this 6 Q Okay. Let's move on to the nextone, 7.3. 6 expert as your warnings expert because then I'm going 7 Tell me about that one. 7 to have to make a motion on that because that would be 8 A It's very self-explanatory. Itsays "There 8 duplicative of your other warnings expert. 9 was no warning to the operator that the table could 9 MR. AMIRI-DAVANI: Well, | mean you -- 10 crush body parts between the table and sidewall/sill." | 10 MR. LITVAK: Which one is it? 11 Q Okay. And what's the basis of that opinion, 11 MR. AMIRI-DAVANI: | doubt there would be 12 sir? 12 any type of overlap; butin any event, you've got the 13 A Well, | looked inside the machine, and | 13 opinion right there. | think you have it, so -- 14 didn't see anything, so | assume that they weren't 14 MR. LITVAK: I getto ask beyond just this, 15 there. 15 so either you're going to stipulate that he's not your 16 Q Did you look at the manual? 16 warnings expert or I'm going to continue -- | have to 17 MR. AMIRI-DAVANI: You're asking him if he | 17 continue asking. 18 looked at the manual? 18 MR. AMIRI-DAVANI: Go forit. Ask away. 19 BY MR. LITVAK: 19 MR. LITVAK: Okay. 20 Q Did you look atthe manual? 20 MR. AMIRI-DAVANI: J ustdon't badger the 21 A Ilooked atthe manual. | didn't see -- 21 witness. 22 Q Were there any warnings there? 22 BY MR. LITVAK: 23 MR. LEVY: Objection. He was answering and | 23 Q Sir, do you intend to offer any opinions as to 24 you interrupted him. 24 the adequacy, not the existence, but the adequacy of the 25 THE WITNESS: | was talking about displayed | 25 warnings in this case? 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 101-104 Page 101 Page 103 1 A No. 1 were any problems or repairs that would 2 Q Okay. Moving on to number 8, is number 8 part | 2 have been a factor in causing the injury 3 of your expert opinions in this case? 3 in question. Is that your understanding?" 4 A Yes. 4 Do you see the question on page 67? 5 Q Tell me about them. 5 A | sure do. 6 A Well, I did read the owner's deposition, Goldy 6 Q And then the answer was: 7 or Goldberg, or whatever his name is. 7 "Like | stated previously, we had a 8 Q Goldner? 8 lot of problems with this machine, a lot 9 A Goldner. 9 of repairs. However, I'm not aware of 10 Q Okay. 10 any repairs prior to this incident that 11 A And | thought it was interesting that he 11 could have been a factor for this incident 12 called this machine "a piece of crap" and that the only | 12 happening." 13 thing thatit was good for was a boat anchor and that | 13 Do you see that testimony? 14 they had had trouble with it from day one, and so 14 A Yes, | do. 15 thatusually indicates thatit's malfunctioning or not 15 Q Did you consider that testimony in forming 16 functioning properly and is certainly not doing the job | 16 your opinion here? 17 thathe boughtit for, so -- 17 A |sure did. 18 Q Isthata-- 18 Q Do you agree with Mr. Goldner? 19 A -- when you have a machine that is having 19 A No. 20 serious problems from day one, then you would expect | 20 Q Why is that? 21 itto notoperate properly, and | think that's an 21 A Because when you have a large number of 22 important observation. 22 problems with a machine, the only thing that he has said 23 Q That's an observation, I'll grant you that, 23 here is that he doesn't know of any problems that could 24 butis that part of your expert opinions in this case? 24 have contributed to the accident. That doesn't say that 25 A Yes. 25 there were any. Page 102 Page 104 1 Q Andis it your position that that is proper 1 Q Okay. 2 engineering or scientific methodology? 2 A The fact he doesn't know about them doesn't 3 A Yes. 3 mean that there weren't any. 4 Q Okay. Did you read the part of Mr. Goldner's 4 Q Butwouldn'the be in the best position to 5 deposition where he testified that all of these issues 5 know? 6 and malfunctions had nothing to do with the cause of 6 A No. 7 the accidentin this case? Did you read thatin his 7 Q Why not? 8 deposition? 8 A Because he doesn't operate that machine. 9 MR. LEVY: Objection. Misstates testimony and | 9 He said several times in his deposition that he had 10 assumes facts notin evidence. 10 never operated that machine, and he didn't get down 11 BY MR. LITVAK: 11 to thatlevel of granularity in his shop. 12 Q Did you read that? 12 Q Okay. Now let's go back to paragraph 5 on 13 A I'm sure | did. 13 page 5 of your declaration. The last sentence of that 14 MR. LEVY: Lack of foundation. 14 reads: "The set-up mode uses the manual mode of motion 15 MR. LITVAK: Let's mark this one as D. 15 which is controlled by the operator using a manufacturer 16 (Exhibit D marked.) 16 provided keypad on the console." Now do you see that, 17 BY MR. LITVAK: 17 sir? 18 Q If you would have a look at page 68, which 18 A Ido. 19 is the expert testimony for Mr. Goldner's deposition 19 Q Were you referring to the actual console as 20 testimony, and actually why don't you start on page 67, | 20 opposed to the MPG there? 21 line 21, which reads -- 21 A I'm referring to this picture right here where 22 A |don'thave that page. 22 you have a controller that controls the manual mode. 23 Q Sorry about that. The question was: 23 Q Is there a keypad in that? 24 "And the reason for that is because 24 Let's mark that as Exhibit E, this photo here. 25 there was nothing to indicate that there 25 (Exhibit E marked.) 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 105-108 Page 105 Page 107 1 BY MR. LITVAK: 1 Exhibit E, the one with the dial, or whatever? We call 2 Q Whats this, sir, that you have photographed 2 tthe MPG. Everyone in the industry calls itthe MPG, 3 in ExhibitE? 3 and you can call it whatever you want -- 4 A Letme go back. 4 MR. LEVY: Objections. 5 Q No, no. Letme lay the foundation. Whats 5 BY MR. LITVAK: 6 this, sir, in Exhibit E? 6 Q -- butwhere in paragraph -- where in this 7 A That's a picture of the portable controller 7 paragraph 5 on page 5 do you reference this dial device? 8 thatis on the side of the keypad. 8 Show me. 9 Q Okay. Is that what we were referring to 9 MR. AMIRI-DAVANI: Hold on. Hold on. Hang 10 earlier as the MPG? 10 on. 11 A No. 11 MR. LEVY: Objection. 12 Q Whatis the MPG, sir? Where is the MPG in 12 MR. AMIRI-DAVANI: | just wantto say that 13 this photo here? 13 there's been some tainting of the record here, and 14 A The MPG is nota device. 14 there's a bunch of -- it definitely lacks foundation 15 Q Sir, isn't this a picture of the manual pulse 15 with the stuff that Mr. Litvak has been throwing in 16 generator of what's in Exhibit E? 16 there. 17 A No. It's a picture of the controller that 17 MR. LEVY: And I'm going to say asked and 18 actually generates a manual pulse generator. He's 18 answered. Argumentative. Badgering. That's 19 generating that with this motion. 19 everything. 20 Q Well, whatever you want to call that, sir -- 20 MR. LITVAK: Go ahead. 21 A Sure. 21 MR. LEVY: Excuse me. Vague and 22 Q --asitpertains to the sentence that| 22 unintelligible. 23 read you a moment ago, you said that "the manual mode | 23 BY MR. LITVAK: 24 of motion is controlled by the operator using a 24 Q Go ahead, sir. 25 manufacturer provided keypad on the console." Is that | 25 A If you will allow me, I'll read this sentence Page 106 Page 108 1 correct? 1 and tell you what | meant -- 2 A Right. 2 Q Okay. Sure. 3 Q Where is the keypad in Exhibit E? 3 A -- because | can tell you what | meant by 4 A Okay. 4 that 5 Q Answer the question, sir. Where is the keypad 5 Q Sure. 6 in Exhibit E? 6 A "The setup mode uses the manual mode of 7 A | was not referring to that piece whenever | 7 motion which is controlled by the operator using a 8 wrote this sentence. There is a key on this controller 8 manufacturer provided keyboard on the console." So 9 thatsays | wantto go into the manual mode. That's 9 the operator then goes into the manual mode by punching 10 whatI'm saying. The manual mode uses the -- which 10 keys on a keyboard. Then once he does that, he can 11 is controlled by the operator -- uses a manufacturer- 11 control the motion using this device. That's what I'm 12 provided keyboard on the console, and so the keyboard on | 12 trying to say. 13 the console allows you to go into the manual mode, and 13 Q Then why is it, sir, that Mr. Nguyen had to 14 that's what said. 14 stick his leg inside the device in order to use this 15 Q No. You said thatthe manual mode of motion 15 little device here? Why did he need to do that? 16 is controlled by the operator using the manufacturer- 16 MR. AMIRI-DAVANI: Argumentative. 17 provided keypad on the console. You didn't mention this 17 THE WITNESS: Well, I can explain it to you. 18 device, did you, in paragraph 57? 18 MR. AMIRI-DAVANI: Hang on. Hang on. 19 MR. AMIRI-DAVANI: What device? 19 BY MR. LITVAK: 20 MR. LEVY: Objection. 20 Q Good. Please do. 21 MR. AMIRI-DAVANI: You have to be clear for 21 MR. AMIRI-DAVANI: That's argumentative. It's 22 the record. 22 vague and ambiguous. Lacks foundation. 23 BY MR. LITVAK: 23 BY MR. LITVAK: 24 Q Sir, where in paragraph 5 of your declaration 24 Q Go ahead. 25 on page 5 do you mention the device that's pictured in 25 MR. LEVY: Join. 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 109-112 Page 109 Page 111 1 THE WITNESS: You asked me the question why | 1 MR. LEVY: Did you get everything? 2 does he have to get his leg inside the machine if you 2 THE WITNESS: The reason that your question 3 can use this device. 3 doesn't make any sense is this controller is on an arm. 4 BY MR. LITVAK: 4 He could swing that controller to the very area where 5 Q Which I'm referring to as an MPG. 5 you're talking about him standing. He doesn't have to 6 A You can call itthat 6 use this in order to stand in front of the machine and 7 Q Yes. 7 see whathe's doing. He can use the console. He 8 A 1 will use your terminology again if that 8 doesn't need this. He needs this piece because he 9 makes you happy. I'll refer you to my Figure 3, and in 9 needs to getinside the machine to be able to get to 10 my Figure 3 you can see very clearly that this MPG is 10 his workpiece to setitup, and that's why it's there. 11 attached to the console. So the factthat he uses the 11 BY MR. LITVAK: 12 keyboard, or the MPG, doesn't make a bit of difference | 12 Q Wouldn'titbe improper for him to use the 13 with respect o whether he can reach his workpiece and | 13 control while standing inside the machine? 14 read his dial indicator. 14 MR. LEVY: Objection. 15 The only way that he can do his job properly 15 THE WITNESS: Butwe're not talking about 16 atset-up is to take this manual control, this portable 16 standing inside the machine. You were saying that he 17 control, bring it with him; and then he can then reach 17 should take -- you were indicating that he should take 18 inside and move the machine incrementally along while | 18 this portable controller and stand outside the machine 19 he reads his dial indicator and makes adjustments to the | 19 and use that to control, right? And I'm saying that he 20 workpiece. Thats why it has an extension cord, and 20 could just as well have moved the keyboard over, and he 21 that's why it comes off this machine and allows him to 21 could have stood in exactly the same place. He didn't 22 have the flexibility of taking it with him. 22 need this piece. This piece is there for the particular 23 Q lunderstand, sir, butisn't the -- did you 23 purpose of allowing him to get close to the workpiece, 24 measure the length of the cord, by the way, the one 24 and he has to get inside the machine to do that. 25 that's attached to the MPG? 25 BY MR. LITVAK: Page 110 Page 112 1 A | measured itin my head. | know it will 1 Q Sir, do you not understand the difference 2 stretch over there. 2 between the motion that is achievable using the MPG and 3 Q Why did you -- 3 the control panel itself? 4 A I'm pretty good about figuring things like 4 MR. LEVY: Objection. Argumentative. 5 thatout 5 BY MR. LITVAK: 6 Q Why didn't you take a precise measurement of 6 Q Do you notunderstand the difference between 7 it? 7 them? 8 A Why should I? | knew it would reach. 8 MR. LEVY: Argumentative. 9 Q Isn'tthat significant to you? 9 THE WITNESS: Yes, | do. 10 A No. 10 MR. LEVY: Badgering. 11 Q Okay. 11 BY MR. LITVAK: 12 A Itwill go all the way in there. I'm 100 12 Q Whatare those differences? 13 percent sure it will. 13 MR. AMIRI-DAVANI: Hang on. Can you read back 14 Q Okay. So you would agree thatit would be 14 the last question and answer? 15 long enough for him to -- for the operator to detach the 15 (Record read as follows: 16 MPG from the control panel and stand in front of the 16 "Q Sir, do you not understand the 17 CNC machine and do whatever he needs to do in order to | 17 difference between the motion that is 18 precisely -- 18 achievable using the MPG and the control 19 MR. AMIRI-DAVANI: Vague and ambiguous. 19 panel itself? 20 BY MR. LITVAK: 20 "MR. LEVY: Objection. Argumentative. 21 Q --isn'tthattrue? 21 "BY MR. LITVAK: Q Do you not 22 A Firstof all -- 22 understand the difference between them? 23 MR. AMIRI-DAVANI: Vague and ambiguous. 23 "MR. LEVY: Argumentative. 24 Incomplete hypothetical. 24 "THE WITNESS: Yes, | do.") 25 THE WITNESS: --itisn't true. 25 MR. LEVY: There should have been a badgering. 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 113-116 Page 113 Page 115 1 THE REPORTER: Badgering was the next one. 1 the best! can as you're all talking over each other. 2 (Discussion among reporter and counsel.) 2 MR. LEVY: Can justsay on the record -- 3 MR. AMIZI-DAVANI: I'l join and also add 3 MR. AMIRI-DAVANI: Just pause a little bit and 4 vague and ambiguous. 4 let the attorneys throw in the objections. 5 Also it's 12:26. | don't know if you want to 5 THE WITNESS: Okay. 6 take a lunch break. 6 MR. AMIRI-DAVANI: Give it some time, please. 7 MR. LITVAK: | don't, notright now. I'll let 7 MR. LEVY: Yes, exactly. 8 you know when. 8 BY MR. LITVAK: 9 THE WITNSS: I'm good for the day. 9 Q Did you notread that in his testimony, sir, 10 BY MR. LITVAK: 10 he was using the control panel rather than the MPG? 11 Q Sir, do you understand the difference between 11 A did not. 12 the motion that is achievable by the operator using the 12 MR. AMIRI-DAVANI: Vague and ambiguous. 13 MPG that's pictured in Exhibit E and the actual control 13 MR. LEVY: Same objections. 14 panel? 14 THE WITNESS: As a matter of fact | actually 15 MR. AMIRI-DAVANI: Same objections. 15 talk about that in my report here. 16 THE WITNESS: Ido. 16 BY MR. LITVAK: 17 BY MR. LITVAK: 17 Q And we'll go through it. 18 Q And you understand thatthe MPG is used to 18 A Okay. 19 generate tiny bursts that correspond to small movements | 19 Q Wellgo through it. Let's go to paragraph 5, 20 as opposed to the control panel itself that could result 20 or section 5 rather, on page 7. 21 in rapid, large movements of the table? Do you 21 A Pardon me. I'm still thinking about the last 22 understand that? 22 question you asked me because | think it's important, 23 A ldo. 23 but! will come back to you in justa second. I'll get 24 Q And do you understand that the reason that 24 toit 25 this accident occurred is because Mr. Nguyen was using | 25 Q Sir? Page 114 Page 116 1 the large control panel to move the table rather than 1 A Go ahead. Would you ask the question again? 2 the MPG? 2 I'm sorry. 3 MR. AMIRI-DAVANI: Lack of foundation. 3 Q Sure, but before | do, when you refer to the 4 BY MR. LITVAK: 4 control panel, can you circle that on these photos here 5 Q Do you understand that? 5 so that we know what we're talking about? Where is the 6 A | don'tunderstand that. 6 control panel that you're referring to? 7 MR. LEVY: Objection. Assumes facts notin 7 A This whole device is the control panel. 8 evidence. 8 Q Okay. 9 BY MR. LITVAK: 9 A Okay? Everything you see there is the control 10 Q Did you not see thatin his testimony that he 10 panel. 11 actually used the control panel as opposed to the MPG? | 11 Q Okay. Now you don't distinguish, when you say 12 MR. LEVY: Did you get our objections down? 12 control panel, between the panel that has the little 13 (Record read as follows: 13 keys and this device that's shown in Exhibit E? 14 "Q And do you understand that the 14 A That's part of it, yes. 15 reason that this accident occurred is 15 Q Soin your mind there's no distinction? 16 because Mr. Nguyen was using the large 16 A Well, of course there's a distinction. This 17 control panel to move the table rather 17 is a portable device, and that is not as portable. That 18 than the MPG? 18 is an auxiliary device that you use when you're making 19 "MR. AMIRI-DAVANI: Lack of foundation. 19 fine adjustments. This is a grosser motion machine. 20 "BY MR. LITVAK: Q Do you understand 20 Yes, lunderstand it. 21 that? 21 Q And you understand that the one -- that the 22 "A | don'tunderstand that 22 device in Exhibit E called the MPG doesn't have any keys 23 "MR. LEVY: Objection. Assumes facts 23 ont correct? 24 not in evidence.") 24 A Oh, what said was he used the keys on this 25 THE REPORTER: I'm trying to get them down 25 console to go into the manual mode, and that's what | 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 117-120 Page 117 Page 119 1 said. 1 that, sir? 2 Q You said other things which we'll get to, but 2 A Yes. 3 you understand thatthe MPG doesn'thave any keys on it, | 3 Q There's no reference to the device that we 4 correct? 4 have been referring to as the MPG here, correct? 5 A Ofcourse not. 5 A |said it's all part of a control panel. The 6 Q Okay. Only the actual -- the main control 6 MPG is attached to the control panel. It's part of the 7 panel has keys on it, correct? 7 control panel. Are you not able to grasp that? 8 A Yes, butif you don't punch the manual mode 8 Q What's the basis of that, sir, that there is 9 into the keys, you won't activate it 9 no distinction in this industry between the MPG and the 10 Q Butthe only way to press X orY or Z in terms 10 main control panel? 11 of an actual key is to punch it into the keyboard that 11 MR. LEVY: Objection. 12 is shown here on this photograph, correct? 12 BY MR. LITVAK: 13 A No, no, no. This is how you -- 13 Q What's the basis of that? 14 MR. LITVAK: Excuse me. Counsel is coaching 14 MR. LEVY: Misstates testimony and is 15 the witness and pointing to exhibits. 15 argumentative, badgering. 16 You do that again, and I'm terminating the 16 MR. AMIRI-DAVANI: Also | just want to state 17 deposition. 17 an objection that, you know, you keep calling this MPG, 18 MR. AMIRI-DAVANI: It's -- 18 MPG, and he's going along with you on -- 19 MR. LITVAK: Excuse me, Counsel. You don't 19 MR. LITVAK: Counsel, this is nota proper 20 getto coach or testify. You don't get to testify. 20 objection. Either stop or I'm going to terminate it. 21 MR. AMIRI-DAVANI: You see -- 21 You need to stop. You need to control yourself, 22 MR. LITVAK: You don'tget to testify. 22 Counsel. 23 MR. LEVY: Letthe record reflect that defense 23 MR. AMIRI-DAVANI: I'm justsaying that -- 24 counsel just snatched something out of -- 24 MR. LITVAK: You need to control yourself. 25 MR. LITVAK: You're pointing to an exhibit. 25 You need to stop. Page 118 Page 120 1 MR. LEVY: -- plaintiff's counsel's hands. 1 MR. AMIRI-DAVANI: We want to have a clear 2 MR. LITVAK: You are pointing to an exhibit o 2 record. 3 help your expert answer questions. 3 MR. LITVAK: You need to stop. No, you don't 4 MR. AMIRI-DAVANI: I'm helping you. It's 4 wantanything clear. You need to stop. 5 right there in front of you. 5 MR. LEVY: Oh, my God. For the record I'd 6 MR. LITVAK: Counsel, you're pointing to an 6 like to say that by now this deposition is so tainted 7 exhibit to help your witness answer questions. 7 thatitshould probably just be stricken from the 8 MR. AMIRI-DAVANI: I'm helping you, sir. 8 record, and the whole thing is most likely inadmissible 9 MR. LITVAK: That's improper. 9 based on this constant back-and-forth and badgering and 10 MR. AMIRI-DAVANI: Yes. I'm helping you. 10 abuse that's gone on. 11 I'm trying to educate you to move this along. You're 11 BY MR. LITVAK: 12 talking about X,Y and Z, or whatever, and it's right 12 Q Sir, there's no reference to an MPG or this 13 there on that picture, and I'm trying to help you. 13 device referenced in Exhibit E in this Section 5, is 14 MR. LITVAK: Counsel, this is totally 14 there? 15 improper. | will respond in kind when you're taking my | 15 A Sir, | have tried to explain to you that 16 expert's deposition. 16 this whole thing is the control panel. Do you see 17 MR. AMIRI-DAVANI: | expected that. 17 thattelephone over there? Ithas a handset connected 18 MR. LITVAK: Please. 18 to it with a cord, does itnot? Now when | say to you 19 MR. AMIRI-DAVANI: | expected that. 19 "There's a telephone," you don't say "But there's also 20 MR. LITVAK: | can't wait. 20 a handset, and you're not talking about the handset," 21 Q Okay. Section 5 on page 7 -- 21 and so that's exactly what I'm trying to get across to 22 A Okay. Justa second. Shoot. 22 you. 23 Q -- inthe last sentence you say "This control 23 Q And you're saying that based on what, 24 panelis used by the operator to set up the workpiece 24 experience -- 25 to start the operation of making a product." Do you see | 25 A Common sense. 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 121-124 Page 121 Page 123 1 Q --and knowledge? So common sense is the 1 telephone. Now we call that a telephone, and I call 2 basis of your expert opinions here? 2 this a control panel. 3 MR. AMIRI-DAVANI: Hold on. Hang on a second. | 3 Q You call this a control panel, but this thing 4 THE WITNESS: This is a control panel. 4 here doesn't have any buttons on it, correct? 5 MR. AMIRI-DAVANI: Objection. 5 A |didn'tever say thatithad buttons on it. 6 MR. LITVAK: Okay. 6 MR. AMIRI-DAVANI: Are you all right? 7 MR. AMIRI-DAVANI: I've got to object. 7 THE REPORTER: I'd like a break atleastata 8 MR. LEVY: This is badgering. Holy smoke. 8 quarter till. 9 MR. AMIRI-DAVANI: Overly broad. | don't-- 9 MR. LITVAK: Then we'll go to a quarter till. 10 this is ridiculous. I'd like to go off the record so 10 Q Sir, did you review the deposition testimony 11 the expert can take a brief break. He's been under 11 of Erik Kaiser in this case? 12 constant badgering and stress here, and he should be 12 A Yes, | did. 13 allowed to collect himself before this has to go on any 13 Q Is there anything useful there? 14 further. 14 A Very little. 15 BY MR. LITVAK: 15 Q Did you read in his deposition testimony that 16 Q Sir, fair to say that nothing other than 16 Mr. Nguyen admitted to him that he pressed the wrong 17 common sense forms the basis of your opinions in this 17 button on the machine thus injuring his ankle? Do you 18 case, correct? 18 remember that testimony? 19 MR. AMIRI-DAVANI: No, no. You are 19 MR. AMIRI-DAVANI: Hold on. | think that 20 misstating -- 20 misstates his testimony. I'm just going to say lack of 21 MR. LEVY: Objection. 21 foundation. 22 MR. AMIRI-DAVANI: -- his testimony. 22 BY MR. LITVAK: 23 BY MR. LITVAK: 23 Q Do you remember that, sir? 24 Q Isn'tthattrue? 24 A | remember, yes, that he said that he was in 25 A Of course not 25 his office and somebody called him. He came down, and Page 122 Page 124 1 Q You have no scientific training, experience in 1 Mr. Nguyen was in a chair or something that they were 2 the use of CNC machines. You testified to that earlier. 2 using to push him around in, and Mr. Nguyen said "I 3 MR. LEVY: Objection. 3 pushed the wrong button," and he testified to that, and 4 MR. AMIRI-DAVANI: Asked and answered. Look, | 4 that's all he seemed to know about any of this stuff. 5 if you keep going over the same stuff, we will go to 5 MR. LITVAK: Okay. We'll mark that one as 6 Judge Bauer, okay? | would love to show J udge Bauer 6 Exhibit E. 7 this deposition transcript, and | will have counsel over 7 THE REPORTER: We'reuptoF. 8 here explain, the reasonable attorney over here, explain 8 (Exhibit F marked.) 9 to) udge Bauer how unreasonable you're being right now. | 9 BY MR. LITVAK: 10 MR. LEVY: Yeah. I've never seen an expert 10 Q Take a look at this to refresh yourself. 11 deposition that's gone quite like this for the record. 11 Now on page 23 of Mr. Kaiser's testimony the question 12 BY MR. LITVAK: 12 was: 13 Q Well, you testified that it was common sense; 13 "Did you talk to Vinh at all at 14 but other than that there is no industry knowledge or 14 that time before he left that day? 15 expertise that you have pertaining to these machines and | 15 "Very briefly as he was being wheeled 16 the distinction that's drawn in the industry between an 16 out. | asked him what happened. 17 MPG and the control panel itself, is there? 17 "Okay. And sitting here today, do 18 MR. AMIRI-DAVANI: Compound. Vague and 18 you recall what he told you when you asked 19 ambiguous. Way overbroad. 19 him what happened? 20 BY MR. LITVAK: 20 "He hit the wrong button. 21 Q Is there anything that you can speak to? 21 "Okay. And so you have an independent 22 A You know, if you want to call this an MPG, I'm 22 recollection of him saying that? 23 all for it, butit's still part of the control panel. 23 "Yes. 24 Ifitwasn't-- it's attached to it with a cord just 24 "Q And that's all he said? 25 like that telephone handset is attached to the 25 "A No. | said 'Whatdo you mean?" 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 125-128 Page 125 Page 127 1 and he said ' hitthe' -- | believe it 1 A | believe that I've seen it, yes. 2 was X-Y button instead of X-Z button." 2 Q Is iton the zip drive that you provided as 3 And then later on on page 57: 3 part of the documents that you've reviewed in this case? 4 "All you know is Mr. Nguyen told you 4 A Probably. Anything | received | put on there. 5 he pressed the wrong button thus injuring 5 Q And do you also discount the contemporaneous 6 his ankle, right? 6 emergency medical room record in which Mr. Nguyen admits 7 "A That's exactly what he told me." 7 that he pressed the wrong button? 8 Do you see that testimony? 8 MR. AMIRI-DAVANI: "Discount"? 9 A ldo. 9 MR. LEVY: Same objections. 10 Q And so why is it, sir, in your declaration 10 MR. AMIRI-DAVANI: "Discount"? What do you 11 thatyou say thatitis unknowable whether Mr. Nguyen | 11 mean by that? 12 pressed the wrong buttons causing this accident? 12 BY MR. LITVAK: 13 A Because | don't think -- first of all, I don't 13 Q Go ahead, sir. 14 think Mr. Nguyen was in a very good state of mind to 14 MR. AMIRI-DAVANI: Vague and ambiguous. 15 know exactly what he did; and, secondly, | believe that | 15 THE WITNESS: You know, when | read that -- 16 Mr. Kaiser was the son-in-law of the owner, and he -- 16 | read that, and | remember seeing that, and | thought 17 I'm not sure that he's going to give you the best 17 to myself well, what did he mean by that, "pressing the 18 testimony available. | don't necessarily trust 18 wrong button." | still don't know what he meant by 19 somebody, and, finally, if this machine would have been | 19 that, but the bottom line in my mind was this accident 20 programmed correctly, it couldn't have crushed his leg | 20 should have never happened because that plate should 21 because it wouldn't have come that close to the sill. 21 have never been that close to the sill. 22 Q Butyou understand, sir, that by Mr. Nguyen 22 BY MR. LITVAK: 23 saying that he pressed a button that he must have been | 23 Q Okay. So when Mr. Nguyen said, as recounted 24 using atthe time the main control panel and not the 24 in this medical record, that he stepped into it and he 25 MPG? Do you understand that? 25 said that he had pushed the wrong button which made the Page 126 Page 128 1 A Ido understand that, yeah. 1 milling machine close and strike his left foot and ankle 2 Q And, sir, were you aware that when Mr. Nguyen 2 creating a crush injury, that wasn't clear to you? How 3 was broughtinto the emergency room, he also admitted 3 is thatunclear? 4 to the emergency room doctor that he pushed the wrong 4 MR. AMIRI-DAVANI: Argumentative. 5 button which made the milling machine close and strike 5 BY MR. LITVAK: 6 his left foot and ankle creating a crush injury? Did 6 Q In whatway is that unclear to you, sir? 7 you read that? 7 MR. LEVY: Objection. Beyond the scope of 8 MR. LEVY: Objection. Go ahead. 8 this expert's testimony and expertise. He's nota human 9 MR. AMIRI-DAVANI: Lacks foundation. 9 factors expert. 10 BY MR. LITVAK: 10 BY MR. LITVAK: 11 Q Did you read that, sir? 11 Q Go ahead. 12 MR. LEVY: Assumes facts not in evidence and 12 MR. LEVY: It's highly inappropriate and 13 misstates prior testimony. 13 irrelevant. 14 MR. LITVAK: Okay. We'll mark this one as 14 BY MR. LITVAK: 15 Exhibit G. 15 Q Go ahead, sir. 16 (Exhibit G marked.) 16 A Look, | think that people under extreme duress 17 BY MR. LITVAK: 17 say things all the time, and they're taken out of 18 Q Were you aware of that, sir? 18 context 19 A | was vaguely aware of it. 19 Q Duress -- what duress was Mr. Nguyen under? 20 Q Okay. Then why don't you have a look at it. 20 MR. AMIRI-DAVANI: Is thata joke? 21 We have marked as Exhibit G the emergency room record | 21 THE WITNESS: He had his ankle crushed off. 22 from Western Medical Center in Santa Ana. Why don'tyou | 22 I've seen pictures of it, and it's awful. 23 have a look at that. 23 BY MR. LITVAK: 24 A Okay. 24 Q Well, duress suggests -- 25 Q Have you ever seen this document before, sir? 25 A Thatis duress. 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 129-132 Page 129 Page 131 1 Q Duress suggests that someone forced him to say 1 like this. You don'ttaint the record. 2 thathe pressed the wrong button. 2 MR. LITVAK: State your objection, and that's 3 A If you had your ankle nearly crushed off, | 3 it. You're the one that's tainting the record with your 4 would consider you under duress. 4 speaking objections, with pointing to exhibits to coach 5 Q Okay. So as you sit here today, do you still 5 your expert witness, and that's totally improper. 6 believe that it's unknowable whether Mr. Nguyen pressed | 6 MR. AMIRI-DAVANI: I'm trying to help you out, 7 the wrong button or not? 7 okay? 8 A Yeah. 8 MR. LITVAK: Oh, yeah. You're trying to help 9 Q Youdon'ttrustthe ER doctor either, do you? 9 me out Thank you. You're so kind. 10 MR. AMIRI-DAVANI: Wait. That misstates -- 10 MR. AMIRI-DAVANI: Thatis unless you have -- 11 THE WITNESS: | believe Mr. Nguyen said that, 11 MR. LITVAK: Why don't you simmer down and let 12 okay? 12 me continue. 13 BY MR. LITVAK: 13 MR. AMIRI-DAVANI: Sure. 14 Q Okay. You believe that -- 14 BY MR. LITVAK: 15 A | believe he said that, but I'm not sure he 15 Q Sir, you know, earlier you said that you 16 knew what he was saying at the time, and I'm not sure he | 16 don't trust Mr. Kaiser's testimony because he was the 17 was referring to buttons over dials or whatever. You 17 son-in-law of Mr. Goldner, and, by the way, Astro-Tek 18 know, you're getting into nuances. You said he said he 18 is nota defendantin this case, are they? 19 pushed the wrong button. First of all, remember that 19 A | don't know. 20 English is not his first language, and so to him a 20 Q You don'tknow? And so you don'tknow one 21 button might be a dial, justas -- 21 way or another? Did you notread the caption in this 22 Q Are you just making these things up as you go 22 case? 23 along? 23 A | don't know if there are secondary lawsuits 24 MR. AMIRI-DAVANI: Objection. You know what? | 24 or anything else. I'm not an attorney. 25 BY MR. LITVAK: 25 Q Okay. Page 130 Page 132 1 Q Whatdo you mean a button is the same as a 1 A I've been asked to do a certain thing, and I'm 2 dial? 2 doing itas well as | can. 3 MR. AMIRI-DAVANI: Don'trespond just yet. 3 Q I will represent to you that Astro-Tek is not 4 Hang on. 4 a defendant in this case. Okay? 5 Do you want to go to J udge Bauer on this? 5 A Okay. Good. 6 MR. LEVY: I'm happy to if you want, butit's 6 Q Now does that change your assessment of 7 upto you. 7 Mr. Kaiser's testimony in that you wrote in your 8 MR. AMIRI-DAVANI: Look -- 8 declaration thatitis unknowable whether Mr. Nguyen 9 MR. LITVAK: Then we're suspending all expert 9 pressed the wrong button or not? 10 discovery until you resolve that motion if that's what 10 A Yeah, | believe itis unknowable, and | 11 you wantto do. 11 believe at the time Kaiser came out right after it 12 MR. AMIRI-DAVANI: Look, whatdo you wantto |12 happened, he would have thought "I hope we're not at 13 do? Do you want to continue this or -- 13 fault at this, and I'm going to make sure that we don't 14 MR. LITVAK: I'm going to continue my 14 have any faultin this." 15 deposition as | see fit. If you want to suspend this 15 Q Butyou believe that Mr. Nguyen did tell the 16 deposition, we will suspend all depositions, and you can | 16 ER doctor that he pressed the wrong button as it says in 17 go to Judge Bauer. 17 Exhibit G? 18 MR. AMIRI-DAVANI: Yes, butI'm saying why are | 18 MR. AMIRI-DAVANI: It calls for speculation. 19 you continuing to badger and harass? 19 THE WITNESS: | don'tknow. 20 MR. LITVAK: I'm not badgering or harassing. 20 BY MR. LITVAK: 21 I'm asking questions of a witness that's making things 21 Q Well, you just testified to that a moment 22 up as he's going along. 22 ago. 23 MR. LEVY: Objection. 23 A | still say it's unknowable whether he did 24 MR. AMIRI-DAVANI: There you go tainting the 24 thatornotbecause nobody saw him. Nobody saw this 25 record again. This is not cool. You don'tdo stuff 25 incident, right? 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 133-136 Page 133 Page 135 1 Q Butyou agreed that whatis knowable is that 1 image? Do you see that? 2 on December 2nd, 2013 after this accident Mr. Nguyen 2 A Yes,sir. 3 told the ER doctor that he pushed the wrong button. 3 Q I'm asking you about something else. So the 4 MR. AMIRI-DAVANI: Calls for speculation. 4 difference between the edge from the exterior of the 5 BY MR. LITVAK: 5 sill to the table, how many feet is that? 6 Q Do we know that? 6 A It's about 4 feet. 7 MR. AMIRI-DAVANI: Calls for speculation. 7 Q Okay. So why could he not have leaned in with 8 BY MR. LITVAK: 8 his legs outside of the CNC machine and used the MPG to 9 Q Will you please give me that? 9 do adjustments? Why not? 10 MR. LEVY: Incomplete hypothetical. 10 MR. LEVY: Objection. 11 MR. AMIRI-DAVANI: Calls for speculation. 11 MR. AMIRI-DAVANI: | think -- 12 Lack of foundation. 12 MR. LEVY: Incomplete hypothetical. 13 THE WITNESS: I read that. And if that's what 13 MR. AMIRI-DAVANI: Yes, and italso -- | think 14 he said, that's what he said. I'm not arguing that he 14 itlacks foundation to some extent. 15 didn'tsay it 15 BY MR. LITVAK: 16 BY MR. LITVAK: 16 Q Go ahead, sir. 17 Q Okay. Sir, turning to the photos that you 17 A Well, the reason is because when you are -- 18 have attached as Figures 3 and 4, explain to me again -- | 18 it's not just about measuring. You have to actually 19 andl admitthat| may have asked you this earlier, but 19 loosen bolts, use a wrench to tighten bolts, and you 20 |justneed more clarity -- why could Mr. Nguyen not 20 have to actually do a fair amount of really detailed 21 have stood on the exterior of the machine, leaned over | 21 alignment on the workpiece. 22 and did what he had to do in terms of aligning the 22 Q Butisn'tthat done first? 23 workpiece using the MPG, this dial? 23 A Well, you know, if you got it right the first 24 MR. LEVY: Objection. Incomplete 24 time, then why would he be checking it again? 25 hypothetical. 25 Q No, that's not my question. Page 134 Page 136 1 MR. AMIRI-DAVANI: Vague and ambiguous. 1 A Well, itis your question -- 2 BY MR. LITVAK: 2 Q No. 3 Q Please explain that. 3 A --wasn'titdone first, and yes, it was done 4 MR. AMIRI-DAVANI: Join. 4 first; but he was in there checking it, and then he was 5 THE WITNESS: | measured the distance in there | 5 adjusting it, aligning it perfectly so that it would 6 from the sill to the workpiece, okay, and in my opinion 6 make a machine part that would pass the drawing and the 7 as an expert and somebody who's done an awful lotof | 7 tolerances. 8 mechanical work, it was not possible for him to stand 8 Q And that's exactly my question. That final 9 outside the machine and set up that workpiece. 9 step, which is that perfect alignment -- are you with 10 BY MR. LITVAK: 10 me? 11 Q Whatwas the distance between the sill and the | 11 A Yes, sir. 12 table? 12 Q Why could he -- and this is my question -- why 13 A Approximately 4 to 5 feet. 13 could he have not stood outside the machine with his 14 Q Okay. And is that indicated anywhere in your 14 legs out of harm's way, leaned in and done the final 15 report? 15 adjustments with this MPG as shown in Exhibit E? 16 A | believe so. Here Figure 5 has an 16 A Well, that does not make an adjustment. All 17 indication. | say it's about5 to 6 feet away from the 17 thatdoes is move the head. It doesn't make any 18 console over to the workpiece. 18 adjustments. 19 Q Butthat's notwhatI'm asking, sir. 19 Q So you're telling me that the MPG is not used 20 A Okay. What are you asking? 20 to make those final alignment adjustments. 21 Q Okay. The distance between the -- see where | 21 A No. It's used to move the table in the X-Y 22 inFigure5 -- 22 plane or the workpiece -- or the tool in the Z 23 A Uh-huh. It's about 4 feet. 23 direction. That's all it can do. Itcan only move the 24 Q --the end of the arrow stretches to a point 24 plate or the tool. The set-up has to be done by moving 25 thatwe can'treally see on the right side of that 25 the workpiece to align it in the right coordinate 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 137-140 Page 137 Page 139 1 directions -- 1 That's what this piece does. It moves the 2 Q lunderstand. 2 tool, butitdoes not adjust the workpiece. Let's say 3 A -- and you can't do that if you're standing 3 it's out. Say thatit's 20,000 here and 10,000 here. 4 outside the machine. 4 So you have to loosen bolts. You have to move it. You 5 Q Okay. So you're saying thatin order for 5 have to tap it with a hammer to get itlined up. Now 6 Mr. Nguyen to do his job, rather than using the MPG 6 you tighten it back down, and that's how it works. 7 shown in Exhibit E, he had to have pressed the buttons | 7 Q I understand your clarification. 8 onthe actual panel? 8 MR.AMIRI-DAVANI: For the record -- 9 A No. | didn'tsay thatatall. 9 MR. LITVAK: No. For the record you only get 10 MR. AMIRI-DAVANI: Objection. 10 to state objections. 11 BY MR. LITVAK: 11 MR. AMIRI-DAVANI: -- the witness was pointing 12 Q Well, you justsaid thatthe MPG cannot be 12 to Exhibit E. 13 used to do precise alignments. So ifitcan'tbe used, |13 BY MR.LITVAK: 14 what can be used? 14 Q Now would you agree had Mr. Nguyen been using 15 MR. AMIRI-DAVANI: That's not what he said. 15 only the MPG as shown in Exhibit E, and not the actual 16 MR. LEVY: Misstates testimony. 16 panel, there's no way the table could have moved with 17 MR. AMIRI-DAVANI: That misstates his 17 the velocity that would have been required to crush his 18 testimony. Now I don't know if you're doing this 18 ankle? 19 intentionally or not, but that definitely misstates his 19 A Well, we don'tknow that. Itcould have 20 testimony. 20 malfunctioned. 21 BY MR. LITVAK: 21 Q | know, but putting aside malfunction. 22 Q Isn'tthat what you said, sir -- 22 A Why would we put that aside? 23 A No, sir. 1did notsay that. 23 Q Because I'm asking you to. | getto do that 24 Q -- thatthe MPG could not be used to do 24 MR. LEVY: Okay. 25 proper -- 25 THE WITNESS: Okay. Page 138 Page 140 1 A said -- 1 BY MR. LITVAK: 2 Q --final-- 2 Q |Igetto do that 3 THE REPORTER: You're all talking at the same 3 MR. LEVY: Objection. Incomplete 4 time. 4 hypothetical. 5 THE WITNESS: Well, he won't let me talk. Now 5 BY MR. LITVAK: 6 ifyou'll allow me to talk, I'll tell you what -- 6 Q Igetto do that That's why. 7 BY MR. LITVAK: 7 MR. LEVY: Vague, unintelligible. 8 Q Please. 8 BY MR. LITVAK: 9 A --1said before, and maybe you'll understand 9 Q Putting aside the mysterious malfunction, 10 itthis time. All this device can do is move the table 10 okay? 11 inthe X-Y plane, and itcan move the tool in the Z 11 MR. LEVY: Argumentative. 12 direction. Okay? You have X,Y and Z, and you move 12 THE WITNESS: Okay. 13 this litde knob to the direction you want to move. 13 MR. LEVY: Badgering. 14 This sets the speed. It goes slow or fast, 14 BY MR. LITVAK: 15 and this is a device that you just rotate, and that's 15 Q Putting aside the mysterious malfunction, 16 what moves things; but it only moves the table or the 16 would you agree that had Mr. Nguyen only been using 17 tool. Now you have a part that you want to machine. It | 17 the MPG and not the actual panel thatit could not have 18 has to be aligned perfectly in the X, Y or Z direction. 18 moved with the required velocity that could have crushed 19 So you bring the tool down, and then you use 19 his ankle? 20 say the Y direction, and you have a dial indicator, and 20 MR. LEVY: Same objections. 21 you're moving thatalong the workpiece. You're watching | 21 MR. AMIRI-DAVANI: | think -- hang on. Let me 22 thatdial indicator to see thatit doesn't change. Now 22 justthink here for a second. 23 let's say thatitreads 10, whatever, approximately 10 23 MR. LEVY: Do you want the question read back? 24 thousandths of an inch, and you want to see that it 24 MR. AMIRI-DAVANI: Yes. 25 doesn't move as you move it up and down the workpiece. | 25 (Record read as follows: 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 141-144 Page 141 Page 143 1 "Q Putting aside the mysterious 1 Q No, because | asked you what we lawyers get to 2 malfunction, would you agree that had 2 do which is a hypothetical question. 3 Mr. Nguyen only been using the MPG and 3 A There you go, and I'm trying to explain the 4 not the actual panel that it could not 4 answer to you, but you won't let me. 5 have moved with the required velocity 5 Q You already gave me an answer or you agreed, 6 that could have crushed his ankle?" 6 and you said "Yes." 7 "MR. LEVY: Same objections. 7 A Because you -- 8 "MR. AMIRI-DAVANI: | think -- 8 MR. AMIRI-DAVANI: Well, if you're going to 9 hang on. Let me just think here for 9 cut him off because there's no Kenamar (phonetic) here. 10 a second." 10 | just wantto be clear on that. 11 MR. LEVY: That's an incomplete hypothetical. | 11 THE WITNESS: You basically boxed a question 12 It's also vague and ambiguous as to the crush aspect. | 12 that! answered, and | did answer that. In other words, 13 BY MR. LITVAK: 13 you said if nothing malfunctions and everything was a 14 Q Go ahead, sir. 14 certain way, would this be true; and the answer, of 15 MR. LEVY: Can you answer? 15 course, is yes, because that's the way a lawyer poses a 16 MR. LITVAK: That's not an objection, 16 question; but! can explain to you why you're wrong in 17 Mr. Levy. 17 asking me that question. 18 MR. LEVY: It's a question. 18 BY MR. LITVAK: 19 MR. LITVAK: No one asked -- 19 Q And you'll be able to do that when your lawyer 20 Q Please, go ahead and answer. 20 puts you on at trial with the jury -- 21 THE WITNESS: Would you read the question | 21 A Allright. 22 back? 22 Q --butl-- 23 MR. LITVAK: It's funny too? 23 A Well, we ought to getit on the record, don't 24 (Record read as follows: 24 you think, and that way you would know it? 25 "Q Putting aside the mysterious 25 Q lasked you a particular question. We getto Page 142 Page 144 1 malfunction, would you agree that had 1 ask these hypothetical questions, and I'm going to ask 2 Mr. Nguyen only been using the MPG and 2 you some more later, but that's it, so -- 3 not the actual panel that it could not 3 A In other words, | don't get to say what | want 4 have moved with the required velocity 4 to say, right? 5 that could have crushed his ankle?") 5 Q Ofcourse you do. 6 THE WITNESS: Yes. 6 A Then letme say it. 7 BY MR. LITVAK: 7 Q Okay. Go ahead. 8 Q Thankyou, sir. 8 A In your deposition of Mr. Nguyen, and it's on 9 MR. AMIRI-DAVANI: Yes, what? 9 page 12 of my declaration, it says "Would you agree that 10 MR. LITVAK: He agrees. 10 it's impossible for the machine to operate with the 11 THE WITNESS: Without a malfunction and if he | 11 doors open if the safety had not been disconnected?" He 12 had been using the keyboard, that would be a scenario; | 12 says "Yes." And then he said "In this case the safety 13 but | would like to point out that you never gave 13 was disconnected so that you can getinside the machine, 14 Mr. Nguyen a chance to explain. He tried to explain, 14 right?" 15 but you wouldn't let him. 15 "A Yes. 16 BY MR. LITVAK: 16 "Q And, by the way, before stepping 17 Q Sir, that's not what I'm asking -- 17 into the machine in this case, did you 18 A Well, that's -- 18 disconnect it from the power source? 19 Q --so hold on. 19 "A No, sir." 20 A -- what I'm telling you because | think that 20 Now these quotes show or they are intended to 21 it's relevant -- 21 show that Nguyen operated the machine incorrectly. Then 22 Q lunderstand. 22 Mr. Nguyen attempted to explain his actions in the 23 A --to my answer. So if you want my answer, 23 following excerpt: "You operated the machine with the 24 I'll give it to you; but if you don't, you can shut me 24 doors open; is that correct? 25 off. 25 "A Butmanually." He answered that "But 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 145-148 Page 145 Page 147 1 manually." 1 BY MR. LITVAK: 2 "Q Okay. | understand that's a 2 Q Sir-- 3 distinction for you, but you still operated 3 MR. AMIRI-DAVANI: In other words, it 4 the machine with the doors open, right? 4 misstates his prior testimony. 5 "Same objection." 5 BY MR. LITVAK: 6 And he was trying to explain to you that he 6 Q Sir, do you remember how you answered itin 7 was operating it manually using this device, and you 7 that hypothetical scenario without some mysterious 8 wouldn't let him talk, and you never did. 8 malfunction? 9 Q Sir, whaton earth -- strike that. 9 A 1 do remember that. 10 You do remember the question | asked you which | 10 Q And thatif he had only been using this, the 11 you answered, correct? 11 MPG in Exhibit A, and not the actual panel, the table 12 A Yes, right. 12 could have not possibly moved with the required velocity 13 Q Do you remember the question | asked you? 13 and crushed his ankle. 14 A You said -- 14 A Yes, that's my understanding. 15 Q Do you wantme to ask it again? 15 Q Okay. That's all. 16 A No, | think | gotit because if he was just 16 MR. AMIRI-DAVANI: You said "Exhibit A." 17 using the keyboard, could this have happened otherwise. | 17 MR. LITVAK: | said "E." 18 Q No. Thatwasn'tthe question. 18 THE REPORTER: | heard "A." 19 A Well, what was the question? 19 MR. AMIRI-DAVANI: We both heard "A." 20 Q If he had only been using the MPG as opposed 20 MR. LITVAK: I meantto say "E." 21 to the keyboard, could this possibly have happened, and | 21 Q Okay. Nextlets look at page 11. 22 you said "Of course not." 22 MR. AMIRI-DAVANI: You're welcome. How much 23 A Buthe was using the MPG. That was my point 23 longer do you have, Counsel? 24 of going through this. He's trying to tell you that 24 MR. LITVAK: Depending on whats on the zip 25 he's doing it manually using this. 25 drive. Page 146 Page 148 1 Q No. No, sir. 1 Q Soon page 12 you talk about the manual 2 A That's what he's trying to tell you, and you 2 mode -- sorry, on page 11, line 12, you talk about the 3 wouldn't let him. 3 manual mode, and you say "The manual mode of operation 4 Q Do you remember the question | asked you? 4 is fully supported by the manufacturer and is standard 5 A Yes. 5 procedure for aligning the workpiece." Do you see that, 6 Q If he was only using this device -- 6 sir, on page 11, lines 11 through 12? 7 A Right. 7 A Yes. 8 Q -- could ithave -- could the table have moved 8 Q Now whats the basis of your comment "This is 9 with the required velocity such that it could have 9 standard procedure"? Whatis the basis of that? 10 crushed his ankle, and you said "Of course not." Do you | 10 A Well, that's the only way that you can 11 remember that? 11 actually align the workpiece. You have to putitin a 12 MR. LEVY: Hold on. Objection. 12 mode where you can incrementally move it along and align 13 BY MR. LITVAK: 13 it 14 Q Do you remember that? 14 Q That's very nice, but | asked you a different 15 MR. LEVY: Objection. This is a tainted 15 question. What is the basis of you saying that "this is 16 record because that was not the question. The question | 16 standard procedure"? Now standard suggests that there's 17 was a hypothetical which stated "in the absence of a 17 certain standards. I'm asking you what is the basis of 18 malfunction." 18 that statement? 19 THE WITNESS: Right. 19 A Because when you're doing a set-up, that's how 20 MR. LEVY: You're leaving out a crucial point 20 you do it. 21 of your questioning in order to have a tainted record 21 Q Butwhatis the basis of that statement that 22 and getwhat you wanton the record from this expert, 22 that's how you do it? Is there a written standard? Is 23 and that's highly inappropriate. 23 there an article, a manual, something that you can point 24 MR. LITVAK: That's not an objection. 24 to to support your statement that this is standard 25 MR. AMIRI-DAVANI: Join. 25 procedure? 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 149-152 Page 149 Page 151 1 A | justknow that it's standard procedure. 1 above? 2 Q How do you know? You can'tjustsay "l know." 2 MR. LEVY: Asked and answered. 3 You have to explain how you know. 3 MR. AMIRI-DAVANI: Vague and ambiguous. 4 A ldonot I'man expert-- 4 THE WITNESS: Well, I guess I'm looking at 5 Q Youdo. 5 page 28 of Goldner's testimony, and he says he was a 6 A --in this area, and | do know that. 6 machinist. He was a set-up man, and he knew his job, 7 Q How? 7 and he made set-ups, and he ran parts day in and day 8 A You can criticize the fact that! say | know 8 out, and so | really can't say that he had any problems 9 it, and you can try to prove | don't know it, but | do 9 with these machines. 10 know it. 10 BY MR. LITVAK: 11 Q How do you know it? 11 Q Is the word "trained" in there anywhere in 12 A Because I've seen itdone. 12 whatyou just read? 13 Q You've seen what done? 13 A Mr. Nguyen said he got on-the-job training. 14 A Setup. That's the way people do it. 14 You took his deposition. | believed him. 15 Q Hold on. You've seen set-up done ona CNC 15 Q Did he say that he got on-the-job training to 16 machine? 16 operate the machine in the manner you described? Did 17 A | have seen set-up up done on a -- no, not 17 you see thatin his testimony? 18 this CNC machine, but you didn't ask me that question. | 18 A He operated the machine in this manner, and he 19 I've seen it done on a CNC machine. I've seenitdone |19 was trained to do it that way, yes. 20 on a lathe. I've seen itdone on lots of machines. 20 Q Okay. 21 Q Okay. Where have you seen itdone? Tellme |21 THE REPORTER: | need to take a bathroom 22 the occasions, the dates and where exactly you've seen | 22 break. 23 itdone. 23 MR. LITVAK: This is probably a good time to 24 A Ican'ttell you that. 24 take a little longer break so | can see what's on the 25 Q Can you give me one example? 25 zip drive. Then we can come back and finish up. Page 150 Page 152 1 A You know, in my business -- | was in business 1 MR. AMIRI-DAVANI: So what, half an hour? 2 for 20 years, and | did a hundred jobs a year. | had 2 MR. LITVAK: Yes. 3 40 employees, 40-something employees, and | have been | 3 fai 4 to machine shops. People have drug me through their 4 (Lunch recess.) 5 machine shops and have shown me the stuff for years and | 5 fai 6 years. | can'ttell you exactly where | was atany 6 (Exhibit H marked.) 7 particular time, but | have had to watch people do this 7 BY MR. LITVAK: 8 foryears and try to act like | was interested. 8 Q So we have marked the zip drive as Exhibit H 9 Q Okay. Butyou can't give me one actual 9 while you were away. 10 detailed example? 10 A Okay. 11 A No, | cannot. 11 Q Let's see. | have a few more questions on the 12 Q Okay. Nextyou say "Mr. Nguyen was trained to 12 declaration, and then we'll go on to some questions 13 operate the machine in this manner." What is the basis 13 about things that were on the drive. 14 of that statement, sir? 14 A Did you want that? 15 A Well, | believe | took it from his deposition. 15 Q |think we've already gotit, but I'll take 16 | gotit from talking to him, and whenever | read 16 another copy. Thank you. | appreciate it. 17 Mr. Goldner's deposition, he indicated the same thing. 17 A Okay. 18 Q Whatdid he indicate? 18 Q Allright. Page 14 of the declaration -- 19 A Thathe was a set-up man. That's what he did. 19 A Okay. 20 Thatwas his strength. 20 Q --atline9and 10 you say "There was an 21 Q Right, butl'm asking to be -- I'm trying to 21 override switch on the console that allows the head and 22 geta little more granular where you say "Mr. Nguyen was | 22 spindle to be moved with the doors open." So we haven't 23 trained to operate the machine in this manner." What's 23 marked this one, but we can mark it as Exhibit |. 24 the basis of you saying that Mr. Nguyen was trained to 24 (Exhibit | marked.) 25 operate the machine in this manner that you describe 25 BY MR. LITVAK: 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 153-156 Page 153 Page 155 1 Q Now with this photo can you point to the 1 Q Well, why don't you study it now. 2 override switch on the console? 2 A | can'tsee thatlevel of granularity with 3 A No. 3 that picture, so | can't really tell you if it's on 4 Q Why not? 4 there or not. 5 A Because | don't know where itis. 5 Q Well, you were there on-site, and you were 6 Q Well, how do you know it exists? 6 able to look at it and inspectit, correct? 7 A Well, I was told it exists, and then in the 7 A Yes. 8 deposition | read where they talked about being able to | 8 Q Butyou don'trecall actually seeing iton the 9 override the automatic shutoff of the doors. 9 console then either? 10 Q Butas you sit here -- were you done? 10 A No. 11 A Say that again. 11 Q Okay. Atline 10 you say "The fact that the 12 Q Were you done? |didn't mean to cutyou off. | 12 machine had a manual mode and an override for the kill 13 A Yeah. I can'tpointto it on the console, no. 13 switch which were available for use by the operator 14 Q So other than what you've been told, you don't | 14 clearly indicates thatthe manufacturer was aware that 15 know whether or not it exists? 15 these features could and would be used in the set-up 16 A No. That's true. 16 mode to align the workpiece," and again this is 17 Q A similar question on page 15, line 10 -- 17 referring to the kill switch that we can't identify on 18 well, actually let's start at line 5 where you have "If 18 the control panel, correct? 19 the kill switch’ override was not intended to be used 19 A Exactly, but it does refer to it in the user 20 by the operator for set-up, then it should have been 20 manual on page 35. 21 restricted in use by the operator as was the range of | 21 Q Do you have page 35 of the user manual? 22 motion control." Do you see that? 22 A Yes, Ido. 23 A Let's see here. 23 Q Okay. Did you notice, by the way, on page 35 24 MR. AMIRI-DAVANI: What line? 24 of the user manual that it talks about MPG mode, manual 25 MR. LITVAK: Page 15, line 5 and 6. 25 pulse generator? Page 154 Page 156 1 THE WITNESS: Okay. Sure. 1 A Yes. 2 BY MR. LITVAK: 2 Q So since you saw thatin the manual, why 3 Q And thatagain refers to the same override 3 didn't you reference that mode in your report -- rather 4 switch that we discussed a moment ago, correct? 4 in your declaration as Exhibit C? 5 A Yes. And while you're doing that I'm trying 5 A | had no reason. |just-- maybe my language 6 to remember if | read about those in the operations 6 was more general than that. | didn't need to go to that 7 manual, and that may be where | got that, and | just 7 level of detail. 8 don't remember exactly because in the operations manual | 8 Q Does the manual talk about -- on this page do 9 on page 35 under Section 4.5 it does talk about the mode | 9 you see anywhere where it talks about manual mode? 10 selector, home mode, override switch and that sort of 10 A Yeah. 11 thing, and so that's probably what | was referring to 11 Q Where? 12 there. 12 A This whole page is called "Manual Operation." 13 Q Okay. Butthe console on Exhibit | is this 13 Q Right, butit talks about modes, right, on 14 piece right here, right? 14 that page -- 15 A Well, I think it's the whole thing actually, 15 A Yes. 16 but-- 16 Q -- different modes? 17 Q Okay. Why don't you circle the whole thing 17 A MPG mode, yeah. Ittalks about modes -- 18 that you refer to as the console. 18 Q What!I'm asking -- 19 A Is this pen good enough? Do you have a better 19 A --J0OG mode -- 20 pen? 20 Q --you isis there anywhere that talks about 21 Q Justdo your best. 21 manual mode -- 22 A Okay. Letme geta flatplace to do it. 22 A --ZRN mode. 23 Q Okay. And on thatthere isn't any override 23 Q -- because words are important, right? In our 24 switch that you can see, correct? 24 business words are important -- 25 A | haven'tstudied it, no. 25 MR. AMIRI-DAVANI: Hang on. 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 157-160 Page 157 Page 159 1 BY MR. LITVAK: 1 BY MR. LITVAK: 2 Q --right? 2 Q Let's look at page 15, lines 24 and 25. 3 MR. AMIRI-DAVANI: Let me just object -- 3 MR. AMIRI-DAVANI: Starting with -- 4 THE WITNESS: This whole manual -- 4 BY MR. LITVAK: 5 MR. AMIRI-DAVANI: -- vague and ambiguous as | 5 Q "Mr. Nguyen believed that he was in no danger 6 to "our business." Lack of foundation. 6 from moving parts." Do you see that? 7 MR. LEVY: Argumentative. 7 A Yes. 8 BY MR. LITVAK: 8 Q What's the factual basis of that statement, 9 Q Sir--is there anywhere, sir, on this page 9 sir? 10 which you were kind enough to bring to my attention 10 A Well, | talked to Mr. Nguyen on several 11 where it specifically says "manual mode"? 11 occasions, and | asked him if he had done this before 12 A Well, it says "manual operation," and it 12 and is there any -- did he think that there was any 13 says -- 13 possibility of being injured while he was doing this 14 Q Iunderstand. 14 set-up. 15 A --"mode." So manual mode, you putit 15 Q And he said -- 16 together, and you get manual mode. 16 A He said "No." 17 Q Right, butittalks about ZRN mode, right? Do 17 Q Isee, and you said that you read Mr. Nguyen's 18 you see that? 18 deposition, right? 19 A Exactly. 19 A did. 20 Q Ittalks about) OG mode. Do you see that? 20 Q Do you recall reading page 41 of Mr. Nguyen's 21 A Yes, uh-huh. 21 deposition: 22 Q Ittalks about MPG mode. Do you see that? 22 "Q You knew it was dangerous to 23 A Yes,sir. 23 be operating the machine while standing 24 Q Butdoes it say anywhere "manual mode" as you | 24 inside of it, didn't you? 25 putitin your declaration? Do you see those words 25 "A Yes." Page 158 Page 160 1 together anywhere in this manual? 1 Do you recall reading that on page 41 of his 2 A Well, you know, | didn't go through the 2 deposition? 3 manual. I didn'tdo a word search. 3 A ldon'trecall reading that specific line, no. 4 Q You didn't read the whole manual? 4 Q Do you agree then that your statement here 5 A | read the whole manual. | just-- 5 that he didn't believe that he was in danger in moving 6 MR. AMIRI-DAVANI: Let him finish. 6 parts is inaccurate? 7 THE WITNESS: | justsaid -- 7 A Well, obviously he said it was. At the time | 8 MR. AMIRI-DAVANI: Hang on. 8 wrote this that was something he was used to doing, and 9 THE WITNESS: -- I didn't do a word search. 9 he didn't feel like it was dangerous enough to not do 10 MR. AMIRI-DAVANI: Sorry, Dr. Jones. 10 it 11 Let me just say right here please let him 11 Q Butthat contradicts what he said in his 12 finish before you ask another question. It's only fair 12 deposition though, correct? 13 to the witness. 13 MR. AMIRI-DAVANI: Asked and answered. 14 BY MR. LITVAK: 14 THE WITNESS: Yes, you have his statement 15 Q Do you recall anywhere in the manual seeing 15 there. | don't disagree with that. 16 the words "manual mode" together just like the way you | 16 MR. LITVAK: Let's mark this as Exhibit K. 17 wrote them in your declaration? 17 (Exhibit K marked.) 18 A No. | don'tremember seeing those words 18 THE WITNESS: Let me just see that one more 19 together, butl can search and look for them if you 19 time before we move on. Let me -- I'd like to add to my 20 would like for me to. 20 response because it says -- you asked the question "You 21 Q Well, I'l represent to you that they don't 21 knew itwas dangerous to be operating the machine while 22 exist, so we can move on. 22 standing inside of it, didn't you?" and then he says 23 Okay. Well, let's mark this document as 23 "Yes." 24 Exhibit]. 24 But if you recall, and | pointed it out to you (Exhibit) marked.) 25 a number of times, he keeps trying to tell you he was 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 161-164 Page 161 Page 163 1 in the manual mode and not in the operating mode. You 1 BY MR. LITVAK: 2 had specifically asked about operating the machine, and 2 Q Ifyou would, sir, have a look and tell me the 3 operating the machine is when it's making a part. Now 3 significance of the portions that you highlighted. 4 doing a set-up is in the manual mode, and that's the 4 A Okay. On page 1 I've highlighted lines 21 5 difference; and so if you want to talk about precise 5 through 23, and this was basically, as | remember it, 6 language, then me need to get thatin there. 6 being asked about how the machine is operated, and the 7 MR. LITVAK: Okay. Let's mark the next one. 7 question was: "And then what?" 8 Q Actually before we do, may | see your version 8 "A And then after you touch it off, 9 there, the marked up one? Okay. Thank you. So if you 9 you square off your workpiece" -- which basically 10 recall, sir, earlier you reviewed the declaration, and 10 is align the workpiece correctly. 11 you made some notes on it. Do you recall that? 11 "And then you can run the program 12 A Yes, sir. 12 in cycle." 13 MR. LITVAK: Now | just want to make sure that 13 So whathe's saying is once you get the set-up 14 I've captured all of your opinions in the deposition. 14 done, then you turn on the computer program which 15 So you made these notes, and we'll mark this as Exhibit 15 machines the part. | justwanted to point that out 16 L. 16 because it seems like to me in your MS] you make the 17 (Exhibit L marked.) 17 pointthat you should never be moving the machine at any 18 BY MR. LITVAK: 18 time with the doors open, and | just wanted to point out 19 Q You made these notes here. If you could just 19 that that's not what Mr. Liu was saying. 20 tell me what the significance is of those underlinings 20 Q Okay. Next? 21 in these notes that you made earlier. 21 A On page 42, lines 5 through 20: "After you've 22 A "The limits"? I'l read what it says here. 22 done all your testing, you can go ahead and run your 23 "The limits of motion of the head cannot be controlled 23 workpiece, either -- you can also hit a single block. 24 by the operator. Subsequent o this incident a factory 24 Once you hit single block, you'll run the part one line 25 representative was summoned to the plant. The computer | 25 programming-wise. Page 162 Page 164 1 program that controls the limits of motion of the head 1 "Q And you hit-- whatis it? 2 was reprogrammed such that the head automatically stops | 2 "A Single block. 3 further from the sill preventing a similar crushing 3 "Q Single block." 4 accident." 4 So basically | just wanted to highlight 5 And when | read the Liu deposition, | believe 5 thatbecause it basically talks about how one checks the 6 his deposition supports that statement that they did 6 programming of the machine and makes sure that you've 7 not have the ability to reprogram that. That was why 7 got everything in the program that's correct to make the 8 Inoted that. 8 part. It's all part of checking to make sure that your 9 Q Okay. What other markings or notes did you 9 program is going to work correctly. It's part of the 10 make there? 10 set-up. 11 A Okay. Itsays -- let me see if | can remember 11 And then on page 47 of his deposition you ask 12 that You asked a question -- this is on the bottom of 12 a question, or someone does, and you -- | guess it's you 13 page 12 -- you asked Mr. Nguyen a question: "So in 13 asking the question: "And do you use the manual mode in 14 order to operate the machine with the doors open, you 14 order to align the workpiece?" 15 have to bypass that safety device, correct, sir?" 15 And the answer is "Manual mode, yes, manual 16 He said "Correct, sir." And I'm just pointing 16 mode." So even though | was dumb enough to use "manual 17 outthere that when | read the Liu deposition, he also 17 mode," he seems to use "manual mode" as well. 18 indicated that that was correct. 18 "And the front doors of the machine have to be 19 Q Okay. Whatelse? 19 open while using the manual mode to align the workpiece; 20 A | think that's all | marked. 20 is thattrue?" 21 Q Okay. Ilooked at your highlighted Corey Liu 21 And then after some objections it says "Okay. 22 depo notes that were on the zip drive. 22 You've got to use the MPG hand wheel to" -- 23 A Okay. 23 Q Sir, sorry to interrupt, but those areas are 24 MR. LITVAK: We'll mark that as Exhibit M. 24 not highlighted on the document that was on the zip 25 (Exhibit M marked.) 25 drive that was marked as Exhibit M. 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 165-168 Page 165 Page 167 1 A Okay. 1 we don't have to keep going. 2 Q And so I'm going to hand that to you, and then 2 A Well, I actually have some more on the one 3 I'm going to ask you why those areas weren't highlighted 3 that! brought with me, but, you know -- 4 in your version. So go ahead -- 4 Q That's okay. 5 A Okay. 5 A --we can also use yours. 6 Q -- because you seem to have subsequently 6 Q Keep going. 7 highlighted them. 7 A Soon page 47 someone asks the question "And 8 A Yeah. Well -- 8 do you use the manual mode in order to align the 9 Q Butgo ahead. 9 workpiece? 10 A --ldon'talways get it right on the first 10 And the answer is "Manual mode, yes, manual 11 task, but anyway the bottom line is that the answer is 11 mode." 12 "You've gotto use the MPG hand wheel to accurately 12 Q We already covered that. 13 calibrate the workpiece." 13 A Did we already do thatone? So I'm done. Go 14 "And when you're using this MPG hand wheel, 14 to 48. Sorry. | didn't mean to -- 15 the doors of the machine have to be open, right?" 15 Q That's okay. 16 And so basically this corroborates what | said 16 A -- be redundant. 17 in the -- in my declaration. 17 "When you're using the MPG hand wheel to do 18 Q So you would agree with that statement? 18 that, the doors to the machine have to be open so you 19 A Yeah, because basically he says he's in the 19 can see what you're doing, right?" 20 manual mode, manual mode, yes, manual mode, and then he | 20 Then you have an objection, and the witness 21 uses the MPG hand wheel to move the parts around so that | 21 says "Okay. The door can be open for you using an MPG 22 he can make sure they're aligned. 22 because MPG is a manual pulse generator. It moves very, 23 Q You understand, sir, that Mr. Liu is making a 23 very slowly." 24 distinction between the MPG hand wheel and the control 24 Then on page 48 "When you were using that 25 panel itself, don't you? 25 manual pulse generator, were the doors open?" and then Page 166 Page 168 1 A Correct. Whenever you're in the manual mode 1 the witness says "Yeah, you can open the door and use 2 you're using the MPG. That's right. 2 the MPG." And he says "I'm asking you" -- on page 49, 3 Q So if Mr. Nguyen was using the actual panel 3 line 2, "I'm asking you if you were doing that at 4 rather than the MPG, that would have been an improper | 4 N.T.M.A," which is a trade show. Then the answer was 5 use of the machine, correct? 5 "Yes." Then the question "And that's how you were 6 A If he had been, yes. 6 trained, correct?" and the answer: "Yes." Question: 7 Q Allright. Whatelse did you highlight? 7 "And reason for that is so that you can see what's going 8 MR. AMIRI-DAVANI: I'm just going to state a 8 on?" And then the answer was "Align the parts." 9 belated objection. Incomplete hypothetical, vague and | 9 Okay. And then on page -- | talk about on 10 ambiguous and lack of foundation. 10 the top of my page 6, and | don't know what page of the 11 BY MR. LITVAK: 11 documentthatis. Oh, it's page 51, line 21, "Manual 12 Q Sir, again if you don't mind, use this one 12 pulse generator. 13 because -- 13 "Q Yeah, but what's the purpose of it?" Then 14 A Okay. 14 there's an objection. 15 Q -- that's the one that was actually on yours, 15 "A To align the part to be precise." 16 but feel free to compare it to the other one because you | 16 And then page 52, line 13, we're talking about 17 see how the highlighting is a different color -- 17 there the speed. So he talks -- he says "1 percent 18 A Yes. 18 being the slowest and 100 percent being the fastest, but 19 Q --andthatone is the one that! printed off 19 using MPG is very slow. You've gotto crank it so many 20 your drive. 20 revolutions for the machine table to move." And all of 21 A Okay. Well, I am color blind, and so I'm not 21 these things | just highlighted because they explain the 22 sure if | can tell the difference, but anyway -- 22 manual mode that! was referring to. 23 Q Keep going -- 23 Then page 54 -- 24 A Okay. 24 Q You don'thave to read them all if they're 25 Q -- unless there's nothing else in which case 25 pretty much all in the same vein. 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 169-172 Page 169 Page 171 1 A Okay. Allright. 1 MR. LITVAK: Well, there's a question pending 2 Q We've got them there so -- 2 actually, and so I'd like to get an answer before we go 3 A Well, I'd like to read this one because 3 off the record. 4 its -- 4 THE WITNESS: The question is -- 5 Q Okay. Go ahead. 5 MR. AMIRI-DAVANI: There was no question. 6 A -- page 54, line 18: "While you were at 6 MR. LITVAK: Yes, there is a question. 7 N.T.M.A. were you using MPG every day to align a 7 There's a pending question. 8 workpiece? 8 MR. AMIRI-DAVANI: Hold on. Let's have the 9 "A Yes, every day. 9 courtreporter read back the question. 10 "Q And you mentioned you were 10 THE REPORTER: Hold on. 11 doing that with the doors open? 11 (Record read as follows: 12 "A Yeah. 12 "Q Sir, I mean | have some other 13 "Q Yes? 13 questions, but | just want to make sure 14 "A Yes. 14 that t his point, and we've been here 15 And so all of these things are pretty much 15 for a while, have we covered all of the 16 similar. That's it. | don'tthink | have any other 16 opinions that you plan on offering in this 17 marks. 17 case at trial, sir?") 18 MR. LITVAK: Okay. And since these 18 BY MR. LITVAK: 19 highlighted areas are different, we will mark this as | 19 Q Go ahead. 20 Exhibit N. 20 A Yeah, | think so. | believe that's all of 21 (Exhibit N marked.) 21 them. 22 BY MR.LITVAK: 22 Q Okay. 23 Q Sir, I mean | have some other questions, but | 23 MR. AMIRI-DAVANI: Happy? Letthe record 24 | just want to make sure that at this point, and we've | 24 reflect Uri shrugged his shoulders, I guess. 25 been here for a while, have we covered all of the 25 (Recess.) Page 170 Page 172 1 opinions that you plan on offering in this case at 1 BY MR. LITVAK: 2 trial, sir? 2 Q Sir, I'm going to hand you what is going to be 3 A Let's see. I'm justlooking for my copy of 3 marked as Exhibit O. 4 the -- 4 (Exhibit O marked.) 5 MR. AMIRI-DAVANI: Declaration? 5 BY MR.LITVAK: 6 THE WITNESS: Yeah. Whatdid I do with it? 6 Q These are two service reports from Uptime 7 MR. AMIRI-DAVANI: Can we go off the record? 7 Electronics, Inc. dated September 25th and October 24th, 8 BY MR. LITVAK: 8 2012 respectively. Do you see that? 9 Q We have it here because it was marked as an 9 A Yes, Ido. 10 exhibit, but you can -- you're referring now to Exhibit 10 Q Have you seen these service reports before? 11 L, so please feel free to refer to it. 11 A | did see those, | believe, in the information 12 A see. 12 thatwas sentto me lately. 13 MR. AMIRI-DAVANI: Can we go off the record? |13 Q Lately and not when you read the Goldner 14 MR. LITVAK: Again so you can coach the expert | 14 deposition? 15 ordo you want to use the bathroom again? 15 A ldon'trecall it from thattime. They could 16 MR. AMIRI-DAVANI: You're tainting the record | 16 have been there, but | justdon't recall them. That was 17 again. 17 months ago. 18 MR. LITVAK: Well, | mean you keep doing 18 Q And you can see from the service -- these 19 that every time you want to influence the witness's 19 service reports that Uptime Electronics, Inc., performed 20 testimony; butif you insist, | guess I'll let you. 20 service on the subject YMT QV 179 in question. Do you 21 MR. AMIRI-DAVANI: Yes. I'm going to move 21 see that? 22 to strike all these -- all this tainting, and I'm sure 22 A ldo. 23 Judge Bauer would love to see this, yeah. 23 Q And under "Corrective Action" on the first 24 All right. Well, let's go off the record 24 page itsays "Made and install a chip shield." Do you 25 see that? 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 173-176 Page 173 Page 175 1 A Yes. 1 Now typically you won't open the door until 2 Q Were you aware that in the months immediately 2 you take that part off and it's finished, and then you 3 prior to this accident that this Uptime Electronics, 3 clean the machine and start another one. So if you have 4 Inc. made and installed a chip shield on the subject 4 a lotof chips on a given part, then you would need to 5 machine? 5 have some kind of a device like this to keep them from 6 A Iread that, yes. 6 building up. 7 Q Do you know what a chip shield is? 7 Q Okay. On the photos -- I'm done with that one 8 A ldo. 8 for now. 9 Q Whatis it? 9 A Do you want it back? 10 A When you're machining a part like this, you 10 Q You can putiton the stack there. 11 make a lot of metal chips, and they're sometimes little 11 A Allright. 12 spiral things that come off, and sometimes they're 12 MR. LITVAK: | pulled some of the photos out 13 actually little chunks. And when you are machining a 13 from the photos that were on your zip drive. We'll mark 14 partthat has that where you're removing a lot of 14 this one as P and this one as Q. 15 material, you will actually generate a large pile of 15 (Exhibits P and Q marked.) 16 what call residue or waste, and these things tend to 16 BY MR. LITVAK: 17 pile up on the machine. Then at some point if it piles 17 Q These photos actually show Mr. Nguyen sitting 18 up and starts falling off, it could block the motion of 18 on the subject machine at Astro-Tek, correct? 19 the machine. 19 A They do. 20 Q Okay. 20 Q And whatwas the purpose of having Mr. Nguyen 21 A And so this machine obviously wasn't designed 21 come be present at the inspection and so forth, if you 22 such thatit would allow a lot of chips to be collected 22 could just take me through that? 23 there, and these people, UEI, decided -- they determined | 23 MR. AMIRI-DAVANI: Asked and answered. 24 thatthat was a problem with the machine manufacturing | 24 BY MR. LITVAK: 25 parts, and so they designed this chip shield and built 25 Q What was the purpose? Page 174 Page 176 1 itand putiton there to keep the chunks from building 1 A Well, | wanted to find out what happened, and 2 up. 2 itseemed like the best way to find out what happened 3 Q So they made a modification to the design of 3 was to ask the guy that it happened to. 4 the machine? 4 Q So do these photos -- well, let's start with 5 A Correct. 5 Q. Well, does P depict what Mr. Nguyen was doing at the 6 Q And the problem that was identified here on 6 time of the accident? 7 the first page was "Chips building in the slide area and | 7 MR. AMIRI-DAVANI: That lacks foundation. 8 jamming up the machine"? 8 Calls for speculation. 9 A Yes. 9 BY MR. LITVAK: 10 Q And do you have an understanding as to why a | 10 Q Is that your understanding? 11 solution for that wasn't simply to clean out the chips? | 11 A | asked Mr. Nguyen to getin the position that 12 A Yes. 12 he was in roughly, the best of his recollection, at the 13 MR. AMIRI-DAVANI: It's argumentative, and it | 13 time when the accident occurred; and he sat down on the 14 also lacks foundation. 14 sill, as you see him here, and he was -- he said that he 15 BY MR. LITVAK: 15 had to getin this position in order to be able to have 16 Q Go ahead. 16 access to the part that he was trying to align. 17 MR. LEVY: Incomplete hypothetical. 17 Then | asked him -- | said "Show me how you 18 BY MR. LITVAK: 18 reached and putthe console," and so that's P, | guess 19 Q Go ahead. 19 itis, picture P. And so there he's reaching for the 20 A Yes. Once you start the machine with the 20 console to show me how far itis away from the sill 21 doors closed, you can't open the doors. So while the |21 of the machine and how far itis to the workpiece; in 22 machine is going through the machining of a part, and | 22 other words, | wanted to see the distance from the 23 let's say it's a complicated part with a lot of removal, 23 controller to the workpiece, and he's trying to 24 you may end up with a whole pile of chips just on that | 24 illustrate that. 25 one process. 25 Q Okay. And then what does Q illustrate? 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 177-180 Page 177 Page 179 1 A It's justthe same kind of thing. It shows 1 appears to have a tape measure on it. 2 his rough position at the time that he was injured. 2 A Uh-huh. 3 Q Did he explain to you as it pertains to the 3 Q Whatwere you measuring there? 4 photo marked as Q why he couldn't have been in the same | 4 A Well, thatis looking down into the machine, 5 position but with his leg out of the machine? 5 and there is the shiny part there, and it's actually 6 A I'msorry? 6 stainless steel, and that's the sill itself which you 7 Q So we're atQ, and that's the one -- 7 could seein Q. Okay? 8 A Yeah. 8 Q So thesill starts at where the -- roughly 9 Q Did he explain to you why it was that he 9 where the 4 is; is that right? 10 couldn't have accomplished whatever he was doing but 10 A It's from 4 to 4 1/2. That's the sill. I'm 11 with his leg out of the machine? Do you see how the 11 sorry. 12 leg is in the machine? 12 Q Maybe we're not on the same page. 13 A Correct. 13 A Oh, 4t051/2. 14 Q Did he explain to you why it was that he 14 Q Right, exactly. 15 couldn't have accomplished what he was doing with his 15 A lapologize. It's from, you know, 3 7/8 to 5 16 leg out of the machine? 16 and whatever. 17 MR. AMIRI-DAVANI: That's argumentative, and | 17 Q Would you vaguely circle the sill and write 18 think we have covered what Dr. Jones's opinion is as far | 18 "sill" so that we know what we're talking about. 19 as thatis concerned. 19 A This is the sill. Okay. This whole thing is 20 BY MR. LITVAK: 20 the sill -- 21 Q Go ahead, sir. 21 Q Gotit Okay. So -- 22 A Well, if you're looking at Q, even in that 22 A -- and that's what he's sitting on. 23 position | don't think he could reach over far enough 23 Q Gotit. And so the distance between the edge 24 to the workpiece to make adjustments with a wrench or 24 of the sill closest to the table and the table itself 25 to setup his dial indicator to be able to check the 25 was how much? Page 178 Page 180 1 alignment. 1 A Yeah. Do you see this piece right here -- 2 Q But! was asking about what he said, the 2 Q Yes. 3 conversations you had with him. So as it pertains to P, 3 A -- that's the track that the door runs on. 4 you explained to me that he was roughly replicating what | 4 Q Okay. 5 he was doing at the time. 5 A See the doors in here? 6 A Right 6 Q Yes. 7 Q Did he say anything to you as to the reason 7 A That's the track the door runs on. Do you 8 for his belief, his understanding, as to why he needed 8 want me to write that? 9 to have his leg in there while he was doing whathe was | 9 Q Please. 10 doing? 10 A Okay. So that's -- so the door slides back 11 A Because he had to reach over and interact with | 11 and forth as you can see here, and that's the track that 12 the workpiece. 12 itruns on. This is a bracket that holds the track in 13 Q He told you that? 13 place, okay, and then -- 14 A Yeah. 14 Q What's this? 15 Q Okay. As it pertains to Q, rather P, what 15 A This is the -- it's a metal -- if you look 16 he's reaching for there is the actual panel with the 16 over here, you can see it. It's a metal sheathing that 17 buttons -- 17 covers the floor of the machine; in other words, this is 18 A Correct. 18 the floor of the machine, so this is just a metal cover 19 Q --correct? 19 for the floor. 20 A Yes. 20 Q Okay. 21 MR. LITVAK: Okay. Let's mark the nextone 21 A And if you look carefully, it actually -- it 22 asR. 22 sortof -- I'm trying to find the right word -- it's 23 (Exhibit R marked.) 23 expandable. It's sort of like if you go to an airport 24 BY MR. LITVAK: 24 and you see the baggage claim and you have metal panels 25 Q Whatdoes this one show, sir? This photograph | 25 thatslide underneath each other, these are metal panels 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 181-184 Page 181 Page 183 1 that will sort of the slide underneath each other, and 1 Q So how are you able to determine what the 2 that's what this is. 2 furthest possible distance was between the edge of the 3 And the idea here is to keep chips from 3 table and the sill? 4 landing on the floor of the machine, and they land here, 4 MR. AMIRI-DAVANI: And you're talking about at 5 and it's a way of catching the chips. You can see the 5 the time of his inspection? 6 slide marks here, if you look carefully; so when you 6 MR. LITVAK: Sure, yes. 7 pull this device back, you open up all these panels, and 7 THE WITNESS: I'm sorry. You mean what, the 8 whenever you put it closer, they cover over the top of 8 closestdistance or the furthest distance? 9 each other. 9 BY MR.LITVAK: 10 Q Do you know whether or not that was the chip 10 Q Remember when we were talking about that 11 guard that we talked about earlier that Uptime 11 earlier, and | know it's been a long day, but we talked 12 installed? 12 about this earlier. | asked you about measurements, and 13 A ldon'tknow the answer to that. | took these 13 you said there were some changes to factory settings to 14 pictures when | was there, and | really have no idea 14 prevent the head from coming so close to the sill. Do 15 when that was installed or whether it was part of the 15 you remember all that? 16 original equipment. 16 A Correct. 17 Q Okay. So the distance between the edge here 17 Q And whatI'm asking is how are you able to 18 and the sill is how much? 18 determine in the context of your inspection how far or 19 A Between the edge what? 19 close the head was from the sill? 20 MR. AMIRI-DAVANI: What are you talking about? | 20 MR. AMIRI-DAVANI: We covered that. That's 21 BY MR. LITVAK: 21 been asked and answered. 22 Q The edge of this cover and the sill, what's 22 BY MR. LITVAK: 23 the distance? 23 Q Go ahead, sir. 24 MR. AMIRI-DAVANI: Vague and ambiguous. 24 A Well, when we inspected the machine, this 25 THE WITNESS: Yes. It's about 3 inches, but 25 table, they called ita head, but it's an X-Y table that Page 182 Page 184 1 this is not-- this is not the head. This is not the 1 moves with the part that's attached to it that you see 2 table. This is notthe edge of the table. Remember 2 here. That table moves relative to the sill, so it can 3 that The table is this piece over here. This sill -- 3 getcloser or further away. 4 | mean this cover that you're looking at is underneath 4 It was further away on the day that we were 5 there. 5 there. Itwas positioned more or less underneath the 6 BY MR. LITVAK: 6 tool. We were notallowed to move the table. We were 7 Q Okay. 7 notallowed to operate the machine at all -- 8 A This is a superstructure over the top of these 8 Q Allright. 9 pieces. These are just like a fan, like a Chinese fan. 9 A -- and so basically there was a distance of 10 Whenever they come together, they nest together. When | 10 about 3 feet from where the table was to the edge of the 11 you open them up, they make a cover. 11 sill. 12 Q And so the table is somewhere under this cover | 12 MR. AMIRI-DAVANI: If I may, Counsel, may | 13 here? 13 try to clarify what you're getting at? 14 A No. The table is not here. The table is way 14 MR. LITVAK: No. 15 back here. 15 MR. AMIRI-DAVANI: Okay. 16 Q Isithere? 16 BY MR. LITVAK: 17 A No. That's all part of the sliding cover for 17 Q So you have no way of knowing whether or not 18 the floor. 18 the head could move all the way to the sill on the date 19 Q Okay. Did you put a tape measure down and 19 of this inspection or not? 20 measure the distance between the table and the sill 20 A And I think | said this earlier, but took a 21 because | didn't see that photo in your -- 21 video because, see, they would not -- couldn't move the 22 A No, I didn't because this table is movable, 22 table and had it locked out. That's my understanding, 23 and it can be any position inside of this machine; so, 23 and that's what they told me on that day. 24 you know, it just happens to be here ata particular 24 They said "We can't move this stuff because 25 time. It's about 3 feet away, 2 1/2 or 3 feet away. 25 we now have a lockout on the door. You can't move it 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 185-188 Page 185 Page 187 1 whenever the door's open." So they closed the door, 1 Q That's nota terribly good answer. Were there 2 and then they pushed some buttons, and they -- because | | 2 any other emails between you and Mr. Davani other than 3 wanted to see how fast that table moved toward the sill. 3 the single email that you provided on the zip drive? 4 So | took my video camera, and | stuck it up 4 MR. AMIRI-DAVANI: Okay. Now we're getting 5 to one of these little holes that you see there, and | 5 back to the badgering and the harassing. Here you 6 tried to get a video of the table coming so that | could 6 are commenting and arguing with the witness. It's 7 find out how far it came and the distance and the time 7 ridiculous. It's absolutely ridiculous. 8 ittook so that! could geta speed. And itappeared to 8 BY MR. LITVAK: 9 me from my vantage point, which wasn't very good, that 9 Q Whatsay you, sir? 10 itstopped about 8 or 9 inches away from this bar here, 10 A To the best of my knowledge | gave you all the 11 and this is the track for the door. So that's all | can 11 emails | have. 12 tell you is thatitappeared to stop from my vantage 12 Q Okay. Sir, | asked you the question about 13 pointabout say 8 or 9 inches away from there. 13 whether you've given us all the opinions here today that 14 Q You couldn'tsee it very well? 14 you plan on offering at trial, and you said you think 15 A |couldn'tsee it very well, no, because | 15 so. Have you given us all of the bases for those 16 wasn'table to do it. 16 opinions or is there anything else you'd like to add or 17 Q Okay. Did you use the MPG to move any of the 17 elaborate upon? 18 parts at all while you were there? 18 A | believe that I've explained them thoroughly. 19 A No. 19 Q Do you intend on doing any more work in this 20 Q Did you ask to use the MPG to move parts? 20 case? 21 A We asked if we could operate the machine, and 21 A Well, I don'thave -- | have not been 22 we were told no. 22 requested to -- 23 Q Okay. So other than this measurement here, do 23 MR. AMIRI-DAVANI: He's going to review your 24 you recall taking any other measurements while you were | 24 expert's deposition transcript, sir. 25 there that day? 25 MR. LITVAK: | understand. Page 186 Page 188 1 A Yeah. | used my tape measure to geta 1 THE WITNESS: Butl have no other assignments 2 measurement from the sill to the workpiece, butl don't | 2 thathave been given to me. 3 have a picture of it. 3 BY MR. LITVAK: 4 Q Is there any reason why you didn't take a 4 Q Okay. Now what about OSHA compliance and 5 picture of it? 5 California Code of Regulations Section 3314D? Do you 6 A Well, yes. 6 have any opinions as to that? Y MR. AMIRI-DAVANI: Argumentative. 7 MR. AMIRI-DAVANI: Can you be a little more 8 THE WITNESS: It's difficult to hold tape and 8 specific? 9 getfarenough away to take a picture. 9 THE WITNESS: I'm not sure | know what you 10 BY MR. LITVAK: 10 mean. 11 Q Okay. I saw in your zip drive that there was 11 BY MR. LITVAK: 12 only one single email between you and Mr. Davani. Is | 12 Q Well, Astro-Tek was cited with some OSHA 13 that so that you have no other emails? 13 violations. Were you aware of that in relation to this 14 MR. AMIRI-DAVANI: It's argumentative. 14 accident? 15 MR. LITVAK: I'm justasking him a question. 15 A | saw the OSHA reports, yes. 16 THE WITNESS: Well, as far as | know most of | 16 Q And one of the citations was for a violation 17 our discussions were over the telephone. 17 of Title 8, California Code of Regulations Section 3314D 18 BY MR. LITVAK: 18 which speaks to repair work and setting up operations. 19 Q Are you certain that you produced all of the 19 Are you generally familiar with that? 20 emails with Mr. Davani on your zip drive? 20 A No -- 21 MR. AMIRI-DAVANI: Asked and answered. 21 Q Okay. 22 THE WITNESS: Well, as far as | know, | did 22 A -- I'm not very familiar with it. 23 as good as | could to pull all the information off of 23 MR. LITVAK: What are we up to? 24 there. 24 THE REPORTER: S. 25 BY MR. LITVAK: 25 (Exhibit S marked.) 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 189-192 Page 189 Page 191 1 BY MR. LITVAK: 1 THE WITNESS: Yeah. Well, it's been 2 Q Have a look atthat, sir, and tell me if 2 interesting. 3 you've seen that before? 3 MR. AMIRI-DAVANI: Do you want to propose a 4 A Yes, I've seenit 4 stipulation? 5 Q And you see that the citation was as stated 5 MR. LITVAK: How long will you need, sir, to 6 here in relation to the power source on the machine, 6 review the transcript? 7 itwas not deenergized, and no other action was taken 7 THE WITNESS: Oh, a week. 8 to effectively prevent the equipment from inadvertent 8 MR. AMIRI-DAVANI: Let's give him two weeks. 9 movement. Do you see that? 9 MR. LITVAK: The thing is that we've got our 10 A Yes, | see that 10 experts going August 1st. That should be fine. 11 Q Do you plan on offering any opinions as to the 11 So the reporter will send the original to 12 accuracy or inaccuracy of that violation or that code 12 plaintiff's counsel for review with the expert witness. 13 section as it applies to this accident? 13 The expert witness will have two weeks to review, 14 A | think I've already testified to the fact 14 provide any errata and then send back the original to my 15 that Mr. Nguyen was setting up the machine. He couldn't | 15 office. | will retain such original; and in the event 16 deenergize itor he wouldn't be able to do his job. 16 of any loss of such original, a certified copy may be 17 Q So do you agree or disagree that Section 3314D | 17 used in its stead. Anything else? 18 was violated in this case? 18 MR. LEVY: Relieve the court reporter? 19 MR. LEVY: Objection. 19 MR. LITVAK: Yes, relieve the court reporter 20 BY MR. LITVAK: 20 of all of her duties and -- 21 Q Do you have an opinion? 21 THE WITNESS: Here's an updated resume if you 22 MR. LEVY: Calls for a legal opinion. 22 wantto putthatin there. 23 THE WITNESS: Yes. I've never, to my 23 MR. LITVAK: Sure. We can do that. 24 knowledge, read that section, and so | don't know 24 MR. LEVY: Well, we will not relieve the court 25 exactly whatitsays. 25 reporter then? Page 190 Page 192 1 BY MR. LITVAK: 1 MR. LITVAK: We can add this one as Exhibit T. 2 Q Well, it's right in front of you. It's a 2 (Exhibit T marked.) 3 verbatim quote in there. 3 MR. LITVAK: So stipulated? 4 MR. LEVY: Same objection. It's argumentative 4 MR.AMIRI-DAVANI: Yes. 5 as well. 5 MR.LEVY: Yes, so stipulated. 6 BY MR.LITVAK: 6 (The proceedings concluded at 2:41 p.m.) 7 Q You can feel free to read it if you'd like, 7 8 and then I'll ask you the question again. 8 9 A | don'tthink it's applicable. 9 10 Q Okay. Why not? 10 11 A Because this is your typical lockout/tagout 11 12 section that they usually cite when they don't know 12 13 what they're doing, which is a lot of the time. And 13 14 obviously you can't deenergize the machine if you're 14 15 going to have to be moving itaround, and so it's not 15 16 applicable. 16 17 MR. LITVAK: | have no further questions. 17 18 MR. AMIRI-DAVANI: | don't have any questions. | 18 19 MR. LITVAK: Thank you very much for your 19 20 time. 20 21 THE WITNESS: You're welcome. 21 22 MR. LEVY: | don't have anything. 22 23 THE WITNESS: I'm sorry. | didn't mean to 23 24 interrupt. 24 MR.LEVY: No. 25 . ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com JAMES JONES, PH.D, P.E. June 30, 2017 NGUYEN vs YMT, INC. 193-196 Page 193 Page 195 1 REPORTER'S CERTIFICATE 1 DEPOSITION ERRATA SHEET ) 2 Page No._____ Line No._____ Change to: : 07 3 Reason for Cha ge: ~~~ ~~~" ~TTTTmmmmmmmTTTTTTTTTT 3 I, Sheryl Hilton Meyer, Certified Shorthand Page No. Line Noo 77 "Change foi TTT . : 4 4 Reporter in and for the State of California, do hereby RE50 TF CRaRGE] TT1TTTTIITIIIIIIIIII III 5 certify: 5 Page No._____ Line No._____ Change to: 6 6 Reason for Changer ~~" "~~ "~~ 7 } Page No. Line No. Change to: 1 That the foregoing witness was by me duly sworn; 7 TTT TT 8 that the deposition was then taken before me at the 8 | Smmmmmmmeee- 9 time and place herein set forth; that the testimony and 9 ReRSeR For Changer 111TIIIIITIIIIITIIIIIIIIIIINT 10 proceedings were reported stenographically by me and i Page No. _____ Line No. _____ Change to: 11 later transcribed into typewriting under my direction; Reason for Change: ~~" CTTTTTTmTTTTTTmTTTTTTT 11 P No. Li No. Ch to: 12 that the foregoing is a true record of the testimony and age Mo... a wie 18 . . 12 Reason for Change: ~~~ ~~~" ~""mommmmmmmmTTTTTTTT 13 proceedings taken at that time. Page No. Line WoT 777" thsnge foi TTT 14 B Reason for Change: __________ _____ __ __ __ ____ 15 IN WITNESS WHEREOF, | have subscribed my name 14 Page No._____ Line No. _____ Change to: 16 this 30th day of June 2017. 15 Reason for Change: ~~~ -TTToTTememmmmmmT Page No. Line No. ~~~" "Change for ~~~" "°°7°° 17 6 00/0 TTT 18 Reason for Change: ~~ ~~" "~~ ~~~" "7 17 Page No._____ Line No._____ Change to: BO SSS 18 Reason for Change: __________ _________________ 20 : Page No. Line No. Change to: Hee Att WoT= e Rd | B 21 TT [ ge Reason for Changer __________ ____________________ 2 Sheryl Hilton Meyer, CSR No. 2852 |20 Page No. LIE NO Whange Lo: 13 21 Reason for Change: ~~~" TTToThmmmmmmTTTTTTTTT 22 SIGNATURE: ___ 24 JAMES WI LLTAM JONES; "PR.D; P.E. 23 25 24 25 Page 194 1 DEPOSITION ERRATA SHEET 1 DEPOSI TION ERRATA SHEET 2 Assignment No. | 0597759 2 Page No. _____ Line No. _____ Change to: 3. VIN NGUYEN 3 Reason Tor Changer -1111IIITTITTIITIIIIIIIIII vs. Page No. Line No. _ ~~~" Change to: 4 YMT, INC. 4 TT 5 Reason for Change: i DECLARATION UNDER PENALTY 5 Page No. _____ Line No. _____ Change to: 6 , 6 Reason for Change: ~~ "7777" "7" 77 TTTTTTTTTT0C | declare under penalty of perjury that | have Page No. Line No. - Change to: 1 1 read the entire transcript of my deposition taken Reason for Change: ________ ____________________ 8 8 Page No._____ Line No._____ Change to: in the above captioned matter, the same has been read § Reason for Changer [77 TTTTTTTTTTTTTTTmmmmmeees 9 Page No. Line Nor ~ 77° Change fo: to me, and the same is true and accurate, save and 0 10 Reason for Change: i except for the changes and/or corrections, if any, as 11 Page No. _____ Line No.____. Change to: mw oo 12 Reason for Change: ~~~" ""~""moommmmmmmTTTTTTTTT indicated by me on the Deposition Errata Sheet hereof, Page No. Line No” ~~~" "Change to: ~~~" ""°°° 12 13 ‘ : i Reason for Cha ger ~~ ~~~" ~"-"mommmmmmmTTTTTTTTT with the understanding that | offer these changes as if 0 Page No. LR fh st FL under gab. 15 Reagan for Change; (IIIT IIIT 14 Page No. _____ Line No._____ Change to: Signed on the day of c 15 20 Reason for Change: __________ ______ __ __ __ ____ 16 mime 17 Page No._____ Line No._____ Change to: Ee ee re 18 Reason for Change: ~~ ~~~ T_T. 17 JAMES WILLIAM JONES, Ph.D, P.E. Page No. _____ Line No. _____ Change to: 18 BW severe em ce 19 Reason for Change: _ 20 20 Page No._____ Line No._____ Change to: 21 21 Reason for Change: ~~~ "TTT 22 22 SIGNATURE: ____ 23 JAMES WILLIAM JONES, Ph.D., P.E. 23 24 71 25 2 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com