Trial - Eric Pikus Deposition

.fr?ie - n. -. .. -.., Eric Pikus Page 1 $21 CORPORATION, ET AL.: IN THE Plaintiffs CIRCUIT COURT V. FOR PAUL P. RAKOWSKI, SR., TALBOT COUNTY ET AL. CASE Defendants Pages 1 301 mmu?II?ld?lI?LI?IHH?lI?l?l Deposition of Eric Pikus Annapolis, Maryland Tuesday, November 11, 2003 Reported by: Kathleen R. Turk, Esquire Deposition Services D.C. - 1-800-441-3376 MD - 1?800639?6398 Erie Pikus Page 2 5 November 11, 2003 6 10:08 a.m. 8 Deposition of Erie Pikus held at the offices 9 of: 10 11 12 Cowdrey, Thompson Kareten, P.A. 13 Ridgely Oaks Professional Center 14 621 Ridgely Avenue, Suite 402 15 Annapolis, MD 21401 16 17 18 Pursuant to notice, before Kathleen R. Turk, 19 a Notary Public of the State of Maryland. 20 21 D.C. - 1-800-4416376 Esquire Deposition Services MD 1-800-539u6398 Eric Pikus Page 279 1 it says the sale of your stock hack to the company 2 will be completed with a separate check and will he 3 forthcoming. 4 Do you see that? 5 A Yes. 6 Did you get the money for your stock? 7 A I don't recall receiving money for my stock. 8 All right. When you say you don't recall, 9 do you know that you didn't or you're just not sure 10 whether you got it or not? 11 A I'm sure that I didn't. 12 Okay. Mr. Pikus, did you ever tape record 13 telephone conversations? 14 A When? 15 At any time while you were at BBI. 16 A Yes. 17 All right. 18 MR. JOHNSON: Let's go off the record. 19 (Discussion off the record.) 20 21 D.C. - 1~800a441~3376 Esquire Deposition Services MD - 1-800-539-6398 Erie Pikus (Documents were marked Pikus Deposition Exhibit Nos. 45 (By Mr. Johnson) Mr. record telephone conversations while you were we MR. BOOTH: All right. tape record telephone conversations. MR. BOOTH: I'm going to instruct him not to answer these questions because I'm not sure what possible relevance they have this pointconversation about this on the phone a couple weeks ago, and I mean, I'm just not sure where it's headed and, you know, I'm not sure encompass these tapes, with them yet, answer these kind of questions. MR. JOHNSON: Well, this tape was inquired about by counsel at a Pikus, Asked and answered. Tell me what occasioned you to Objection. to anything that's been pled at that having asked discovery requests that would and having not been provided I'm just not in a position to let him Page 280 47.) did you tape you understand that Esquire Deposition Services D.C. - LBW-44145376 MD 1-800-539-6398 Erie Pilms Page 281 1 deposition that you started. 2 You were the first one to ask 3 questions no 4 MR. BOOTH: I don't understand 5 anything mm 6 MR. JOHNSON: u" at that deposition. 7 MR. BOOTH: because, you know, 8 whatever conversations came up at, at Mr. Dodd's I 9 assume you're referring to Mr. Dodd's deposition, 10 which you know that I didn't attend Installments Nomean, I don't know what to tell you 13 about that. What I am telling you is that at this 14 point he's not going to answer any questions about any 15 tapes. 16 MR. JOHNSON: All right. So you're 17 instructing him not to answer, and it's not on the 18 grounds of privilege that you're giving him that 19 instruction: is that right? 20 MR. BOOTH: Yeah, that's right. 21 MR. JOHNSON: Okay. D.C. 1-800-441-3376 Esquire Depesitien Services MD 1?800-539-6398 Eric Pikus Page 282 1 (By Mr. Johnson) Mr. Pikus, when you taped I 2 telephone Conversations, did you obtain consent of the 3 people on the other side? 4 MR. BOOTH: Objection. 5 Don't answer the question, the whole 6 topio area. 7 MR. JOHNSON: Well, I'm going to ask 8 the questions, and you'll have to instruot him not to 9 answer. 10 MR. BOOTH: Okay. 11 MR. JOHNSON: 1t?s my understanding 12 under the Rules that you oan't instruot him not to 13 answer unless it's privileged. 14 MR. BOOTH: You're heard my instruotion 15 now twioe. I'm just telling you 16 MR. JOHNSON: Okay. 17 MR. BOOTH: I'm saving you some time 18 here. 19 MR. JOHNSON: All right. 20 (By Mr. Johnson) What did you we 21 MR. BOOTH: 1 mean, you also haven't mm Esquire Deposition Services MD - 1-800?539-6398 Eric PikuS Page 283 1 I asked you to give me some sense of how in the world 2 it could be relevant to anything, and you haven't done 3 that, but mm 4 MR. JOHNSON: Well, I think the fact 5 that these questions have been raised in other 6 depositions of Brad Andrew and John Dodd indicate, at 7 least, the Defendants think it's relevant and I'm 8 entitled to inquire about that. 9 MR. BOOTH: I don't know a thing in the 10 world about that, but I've told you my instruction "m 11 MR. JOHNSON: Well -- 12 MR. BOOTH: em twice, so I'm just 13 saving you some time. 14 MR. JOHNSON: He Mr. Booth, if you 15 don't come to the depositions -- 16 MR. BOOTH: I'm not mm 17 MR. JOHNSON: that have been noted, 18 you can't use your absence as a reason to instruct the 19 witness not to answer. 20 MR. BOOTH: Well, Jim, I'm not 21 saying all I'm doing is saving you some time here. - 1-?800-?441-?3376 Esquire Deposition Services MD - 1~800n539n6398 Erie Pikus Page 284 he's not answering questions I 2 about the tapes. 3 MR. JOHNSON: Well, I'm going to ask 4 the questions, and you'll have to instruct him because 5 I'm not going to leave it at that. 6 MR. BOOTH: Okay. 7 MR. JOHNSON: We have to make a reoord 8 here. 9 MR. BOOTH: Have at it. 10 (By Mr. Johnson) Mr. Pikus, what did you do 11 with the tapes after you tape reoorded w? well, let me 12 ask, what did you do with We how many tapes were 13 there? 14 MR. BOOTH: Objection. 15 Don't answer. 16 What did you do with the tape or tapes after 17 you reoorded the telephone oonversations? 18 MR. BOOTH: Objeotion; don't answer. 19 Next question. 20 Okay. Mr. Pikus, are you aware ot any 21 involvement of Beckett Brown in real estate D.C. - 1?800-441?3376 Esquire Deposition Services MD - 1-800-639-6398