DOJ-OGR-00010108.pdf

--- Page 1 --- The extracted text is: **Header:** C2grdau4 Berke - direct A-5825 **Page Number:** 368 **Transcript:** Q. Whom did you and your firm represent? A. We represented Craig Brubaker. Q. Let me direct your attention to May 11th of 2011. Did the Court that afternoon read a note from Juror No. 1, Catherine Conrad? A. I recall that. Q. Do you recall the subject matter of that note? A. I recall generally that there was a note from Juror 1 asking whether the judge was going to instruct the jury on respondeat superior. I think there were some other things, but I recall that to be the overall gist of the note, as I recall it. Q. Do you know a lawyer named Susan Brune? A. I do. Q. How do you know her? A. I've known Ms. Brune for a long time. I can tell you the background, but I certainly know her as counsel for David Farse in this action. Q. Sometime after the judge's reading of that note from Juror No. 1, did you speak to Ms. Brune about Ms. Conrad? A. I did. I'll tell you what I recall. I recall that after we heard the note that day, I believe it was the following day -- although I can't say that with a hundred percent certainty, it could have been the day after that -- I recall being in the witness room in the back, which we used and had SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 **Footer:** DOJ-OGR-00010108