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Akron, That We Will Accommodate Your IN THE SUPREME COURT OF 0910 THE STATE OF OHIO EX. REL. CASE NUMBER: 08-0478 SUMMIT COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE RELATOR, V8. J.ENNIFER BRUNNER OHIO SECRETARY OF STATE RESPONDENT. RELATOR'S EVIDENCE VOLUME I TIMOTHY J. GRENDELL (#0005827) Grendell & Simon Co., L.P.A. 6640 Harris Road Broadview Heights, Ohio 44147 Phone No.: (440) 746-9600 Fax No.: (330) 659-2278 E-mail: grendeilandsimonlaZvahoo.com COUNSEL FOR RELATOR SUMMIT COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE ^ ^- L!^ G'i,N}: 14 CLCR!! OFCOG1RT SUPREMC: C©W OF OHIO BUi,ATOR'S EVIDENCE YoameI Transcript of deposition of Seoretary of State Jennifer Brunner with Exhibits thereto. Videotape/DVD of Deposition of Secretary if State Jennifer Brunner. Due to the ten day filing deadline for the evidence in this case and the delay in taking Secretary of State Brunner's deposition by two days due to her Motion for Protective order, which was denied, this evidence is being submitted in pan by videotape and part by DVD. The court reporting company could not make 13 videotapes by the filing deadline. Relator will replace or provide additional videotape if the Court requests. 1 1 IN THE SUPREME COURT OF OHIO 2 3 4 State of Ohio, ex rel. Summit County 5 Republican Party Executive Committee, 6 Relator, Case No. 08-0478 7 vs. 8 Jennifer Brunner, Ohio 9 Secretary of State, 10 Respondent. 11 12 VIDEOTAPED DEPOSITION OF JENNIFER L. BRUNNER 13 14 15 _,Taken at The Office of the Secretary of the State of Ohio 16 180 East Broad Street, Suite 1600 Columbus, OH 43215 17 March 12, 2008, 4:42 p.m. 18 19 Spectrum Reporting LLC 20 333 Stewart Avenue, Columbus, Ohio 43206 614-444-1000 or 800-635-9071 21 www.spectrumreporting.com 22 23 24 Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 2 A P P E A R A N C E S 2 ON BEHALF OF RELATOR: 3 Grendell & Simon 4 6640 Harris Road Broadview Heights, OH 44147 5 By Timothy J. Grendell, Esq. 6 ON BEHALF OF RESPONDENT: 7 Attorney General's Office 8 Constitutional Offices Section 30 East Broad Street, 16th Floor 9 Columbus, OH 43215 By Richard N. Coglianese, Esq. 10 Pearl M. Chin, Esq. Michael W. Deemer, Esq. 11 Damian W. Sikora, Esq. 12 ON BEHALF OF RESPONDENT: 13 Ohio Secretary of State General Counsel 14 180 East Broad Street, 15th Floor Columbus, OH 43215 15 By Eleanor L. Speelman, Esq. 16 ON BEHALF OF RESPONDENT: 17 James D. Owen & Associates 18 5354 North High Street Columbus, OH 43214 19 By James D. Owen, Esq. 20 21 ALSO PRESENT: 22 videographer - Samuel Mattern Alex Arshinkoff 23 24 Realtime - Videoconferencing - Trial Presentation - Video ^ Spectrum Reporting LLC 3 1 Wednesday Evening Session 2 March 12, 2008, 4:42 p.m. 3 4 S T I P U L A T I O N S 5 6 It is stipulated by counsel in attendance that 7 the deposition of Jennifer L. Brunner, the 8 Respondent herein, called by the Relator for 9 cross-examination, may be taken at this time by 10 the notary by notice and agreement that said 11 deposition may be reduced to writing in stenotypy 12 by the notary, whose notes may thereafter be 13 transcribed out of the presence of the witness; 14 that proof of the official character and 15 qualification of the notary is waived. 16 17 18 19 20 21 22 23 24 Realtime - videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 3 4 1 I N D E X 2 Examination By Page 3 Mr. Grendell - Cross 18 Mr. Coglianese - Direct 138 4 Mr. Grendell - Further Cross 143 5 Deposition Exhibits 6 0 - Subpoena 7 1 - Petition For Writ Of Mandamus, Writ of Prohibition, Other Writ, And Alternative 8 Writs 9 2 - Fax to Brunner from Arshinkoff, 2-21-08 23 10 3 - Respondent Ohio Secretary Of State 126 Jennifer Brunner,s Motion In Limine 11 4 - 3501.07 24 12 5 - Letter to Brunner and Farrell from 36 13 Struble 14 6 - Affidavit of Judge Bond 76 15 7 - Affidavit of Judge Spicer 76 16 8 - Affidavit of Retired Judge Schneiderman 76 17 9 - Brian Daley packet 82 18 10 - Letter to Hawkins from Varian, 3-6-08 105 19 11 - Fax to Farrell from Arshinkoff, 2-29-08 106 20 12 - Roberts Rules of Order 136 21 22 23 24 Realtime - Videoconferencing - Trial Presentation - Video q Spectrum Reporting LLC 5 1 I N D E X (cont'd) 2 Defense Exhibits Page 3 A - E-mail from Farrell, 2-29-08 138 4 B - Letter to Brunner with attachments 141 5 C - Fax to Farrell from Coughlin, 2-29-08 162 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (Exhibits attached to original transcript.) 24 Realtime - Videoconferencing - Trial Presentation - Video ^ Spectrum Reporting LLC 6 1 MR. GRENDELL: Would you note on the 2 record that it's 4:42, and we've been sitting here 3 for about five minutes already. Thank you. 4 (A recess is taken.) 5 MR. GRENDELL: We're on the record. 6 I'm doing everything on the record with you guys. MR. COGLIANESE: Well, that's fine. 8 MR. GRENDELL: I'm tired of sitting in your office while you're subpoenaing somebody and 10 sending it to my office and -- I mean, let's put 11 it on the record. That's just nonsense. I mean, 12 that is below nonsense. I would expect more from 13 a storefront ambulance chaser than I'm receiving 14 from the Attorney General's Office. It is just 15 unprofessional. 16 You guys knew I was with five of your 17 lawyers sitting in your office at, what, East -- 18 Fourth and Gay and you're serving somebody with a 19 -- a subpoena and sending it to my office in -- in 20 Cuyahoga County without ever calling to see if 21 we're scheduled, knowing full well that we have a 22 7:30 deposition already scheduled in this case, 23 previous to the hearing in this case, and you then 24 somehow unilaterally set a deposition at 7:45 at a Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 7 1 different location. Obviously, that's 2 unacceptable. We will object. We will move to 3 strike. We'll file everything we've got to file. MR. COGLIANESE: You do what you need 5 to do, Mr. Grendell. I'll do what I need to do. 6 Let the record reflect that. 7 MR. GRENDELL: So far you're striking 8 out. 9 MR. COGLIANESE: Let the record reflect 10 also, sir, that you set Ms. Warsmith's deposition 11 without bothering to contact me. 12 MR. GRENDELL: We sent you a copy. We 13 sent you a copy. That's more than you did for me. 14 MR. COGLIANESE: That's the exactly the 15 same that I did for you in this. 16 MR. GRENDELL: I -- 17 MR. COGLIANESE: Sir, please let me 18 finish. I didn't interrupt you. I would expect 19 the same courtesy. 20 MR. GRENDELL: That,would be -- I've 21 given you nothing but courtesy and received 22 nothing in return. But go ahead. 23 MR. COGLIANESE: Are you done? 24 MR. GRENDELL: No, but go ahead. Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC I 8 1 MR. COGLIANESE: Are you done or am I 2 going to be allowed to talk? 3 MR. GRENDELL: You're wasting your 4 time. 5 MR. COGLIANESE: Sir, you're wasting 6 deponent's time -- 7 MR. GRENDELL: No, we're waiting for 8 the deponent. For the record, what time is it 9 now? It's 4:51. We've been here for 14 or 15 10 minutes. 11 MR. COGLIANESE: And I understand, sir, 12 that you broke for a half hour lunch at 1:30 today 13 and didn't bother to show up until 3:00. 14 MR. GRENDELL: Now, don't lie on the 15 record, okay? Let's get this straight. Because 16 then we're going to talk about ethical 17 considerations. 18 What we did is I sent you a letter, 19 sir, and the letter said, sir, that I had to 20 reschedule this deposition, sir, because you filed 21 a frivolous and baseless motion to move it from 22 Monday. 23 Had we done this deposition on Monday, 24 I we would not be sitting here, sir, but I had it Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC S 9 1 scheduled to 3:30 today because of your frivolous 2 motion while we were prepared to take that 3 deposition here Monday morning. 4 I said in my letter to you that I will 5 accommodate your schedule after you set some more nonsensical depositions at 10:00 and, I think, 7 2:00 up in Akron, that we will accommodate your 8 depositions of Mr. Arshinkoff and Mr. Daley today, 9 subject to my Senate schedule, sir. And that's 10 what intervened, sir, and I had the right to be 11 there pursuant to the Ohio Supreme Court Rule of 12 Superintendency that governs that specific event, 13 and you were given notice of it, sir. 14 MR. COGLIANESE: I'm going to ask you 15 again, Mr. Grendell: Are you done? 16 MR. GRENDELL: I'm not going to waste 17 my time answering your stupid questions.
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