14 Monday, February 13, 2017
9:07 a.m. - 5:18 p.m.
15
16
17 VIDEOTAPED DEPOSITION OF JOHN THOMAS VAUGHN
(Corporate Representative of Industrial Heat, LLC)
18
19
20 Taken on behalf of the Plaintiff before
21 Elizabeth Cordoba, RMR, CRR, FPR, Notary Public in
22 and for the State of Florida at Large, pursuant to
23 Plaintiff's Notice of Taking Deposition in the above
24 cause.
20 Q. Okay. So you would agree with me that, as far
21 as you know, Industrial Heat never approved and never said
22 specifically, We agree that Penon is the ERV?
23 A. I am unaware of communication where we
24 specifically agreed with Penon being the ERV, but there
25 may be such communication out there. I can't recall all
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1 of our e-mails and all of our documents.
2 (Exhibit 17, IH99334 through 99336, was marked
3 for Identification.)
4 BY MR. CHAIKEN:
5 Q. Let me show you what has been marked as
6 Exhibit 17. Exhibit 17 has been Bates stamped IH99334
7 through 99336. On the first page of this exhibit is a
8 couple of e-mails. The first one is from JT Vaughn to CJ
9 Case and Christopher Lomax. Those are attorneys for Jones
10 Day; is that correct?
11 A. That is correct. That is in May 2016.
12 Q. Right. The e-mail on the bottom of the page is
13 from Tom Darden, dated April 24, 2013 to Andrea Rossi and
14 it cc's yourself and John Mazzarino. Do you see that?
15 A. I see it.
16 Q. And it talks about test process?
17 A. Mm-hmm.
18 Q. And on the second paragraph Tom Darden writes
19 to Andrea Rossi and he says: "Here are my thoughts.
20 First, as we indicated, we can accept Fabio Penon as the
21 ERV instead of BV." Do you see that?
22 A. I see that.
23 Q. Were you aware -- have you seen this e-mail
24 before?
25 A. Clearly, I have seen it before. I haven't
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1 scene it recently.
2 Q. Does this change your mind as to whether or not
3 a writing exists showing that Industrial Heat approved
4 Fabio Penon as the ERV?
5 A. That is what Tom is doing in this e-mail.
6 Q. Right so you would agree with me then that the
7 parties agreed that Fabio Penon was going to be the ERV,
8 right?
9 A. Based on this e-mail, which is from Tom to
10 Andrea, it appears that he accepts Fabio Penon as the ERV
11 instead of BV.
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·1· · · · Q.· ·I'm only worried about the e-mail on the
·2 first page from you dated April 24th, 2013 to Dr. Rossi
·3 cc'ing J.T. Vaughn and John Mazzarino.· And the second
·4 full paragraph of your e-mail states, "Here are my
·5 thoughts.· First, as we indicated, we can accept Fabio
·6 Penon as the ERV, instead of BV."
·7· · · · A.· ·Um-hm.
·8· · · · Q.· ·Do you see that?
·9· · · · A.· ·Yes.
10· · · · Q.· ·Did you, in fact, write that e-mail?
11· · · · A.· ·I assume that I did, yes.
12· · · · Q.· ·Is there any question in your mind that you
13 accepted Fabio Penon as the ERV?
14· · · · · · · · · MR. BELL:· Objection to form.
15· · · · · · · · · THE WITNESS:· That we accept him as
16 the ERV in this test.· We either accepted him or we
17 said we were willing to pay notwithstanding that.
18 (BY MR. CHAIKEN)
19· · · · Q.· ·Well, do you contest what you wrote saying
20 specifically "we can accept"?
21· · · · A.· ·No, I don't.· I don't contest that.
22· · · · Q.· ·Did you ever change your mind after you
23 wrote this e-mail?
24· · · · · · · · · MR. BELL:· Objection to form.
25· · · · · · · · · THE WITNESS:· That we had accepted him