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Crawford E-Transcript.Ptx VIDEOTAPED DEPOSITION OF LESTER M. CRAWFORD, D.V.M., PH.D. CONDUCTED ON WEDNESDAY, MAY 24, 2006 Page 1 1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF NEW YORK 3 - - - - - - - - - - - - - - X 4 ANNIE TUMMINO, et al., : 5 Plaintiffs, : 6 v. : No. 05-CV-366(ERK/VVP) 7 ANDREW C. VON ESCHENBACH, : (Korman, C.J.) 8 as Acting Commissioner of : (Pohorelsky, M.J. 9 The Food & Drug : 10 Administration, : 11 Defendant. : 12 - - - - - - - - - - - - - - X 13 14 Videotaped Deposition Of 15 LESTER M. CRAWFORD, D.V.M., Ph.D. 16 Washington, D.C. 17 Wednesday, May 24, 2006 18 9:11 a.m. 19 20 Job No. 1-78974 21 Pages 1 - 244 22 Reported by: Jacquelyn C. Jarboe L.A.D. REPORTING & DIGITAL VIDEOGRAPHY - (800) 292-4789 (202) 861-3410 (800) 292-4789 (301) 762-8282 (703) 288-0026 (410) 539-3664 VIDEOTAPED DEPOSITION OF LESTER M. CRAWFORD, D.V.M., PH.D. CONDUCTED ON WEDNESDAY, MAY 24, 2006 Page 2 1 Videotaped deposition of LESTER M. CRAWFORD, 2 D.V.M., Ph.D., held at the offices of: 3 4 5 Arnold & Porter LLP 6 555 Twelfth Street, Northwest 7 Washington, D.C. 20004 8 (202) 827-1152 9 10 11 12 13 14 Pursuant to agreement, before Jacquelyn C. 15 Jarboe, Notary Public in and for the District of 16 Columbia. 17 18 19 20 21 22 L.A.D. REPORTING & DIGITAL VIDEOGRAPHY - (800) 292-4789 (202) 861-3410 (800) 292-4789 (301) 762-8282 (703) 288-0026 (410) 539-3664 VIDEOTAPED DEPOSITION OF LESTER M. CRAWFORD, D.V.M., PH.D. CONDUCTED ON WEDNESDAY, MAY 24, 2006 Page 3 1 A P P E A R A N C E S 2 3 ON BEHALF OF THE PLAINTIFFS: 4 BONNIE SCOTT JONES, ESQUIRE 5 NAN STRAUSS, ESQUIRE 6 VIVIEN LABATON, ESQUIRE 7 The Center for Reproductive Rights 8 120 Wall Street 9 New York, New York 10005 10 (917) 637-3600 11 12 ON BEHALF OF THE DEFENDANT: 13 F. FRANKLIN AMANAT, ESQUIRE 14 STEVEN WARSHAWSKY, ESQUIRE 15 United States Attorney's Office 16 EASTERN DISTRICT OF NEW YORK 17 One Pierrepont Plaza, 14th Floor 18 Brooklyn, New York 11201 19 (718) 254-6024 20 21 22 L.A.D. REPORTING & DIGITAL VIDEOGRAPHY - (800) 292-4789 (202) 861-3410 (800) 292-4789 (301) 762-8282 (703) 288-0026 (410) 539-3664 VIDEOTAPED DEPOSITION OF LESTER M. CRAWFORD, D.V.M., PH.D. CONDUCTED ON WEDNESDAY, MAY 24, 2006 Page 4 1 A P P E A R A N C E S (Continued) 2 3 ALSO ON BEHALF OF THE DEFENDANT: 4 KAREN SCHIFTER, ESQUIRE 5 Office of the Chief Counsel 6 Food and Drug Administration 7 5600 Fishers Lane, GCF-1 8 Rockville, Maryland 20857 9 (301) 827-1152 10 11 ON BEHALF OF DURAMED RESEARCH, INC., AND BARR 12 PHARMACEUTICALS, INC.: 13 ANA C. REYES, ESQUIRE 14 Williams & Connolly LLP 15 725 Twelfth Street, Northwest 16 Washington, D.C. 20005 17 (202) 434-5000 18 19 20 21 22 L.A.D. REPORTING & DIGITAL VIDEOGRAPHY - (800) 292-4789 (202) 861-3410 (800) 292-4789 (301) 762-8282 (703) 288-0026 (410) 539-3664 VIDEOTAPED DEPOSITION OF LESTER M. CRAWFORD, D.V.M., PH.D. CONDUCTED ON WEDNESDAY, MAY 24, 2006 Page 5 1 A P P E A R A N C E S (Continued) 2 3 ON BEHALF OF THE DEPONENT: 4 MICHAEL L. STURM, ESQUIRE 5 Wiley Rein & Fielding 6 1776 K Street, Northwest 7 Washington, D.C. 20006 8 (202) 719-7000 9 10 ALSO PRESENT: 11 CALI DAY, Videographer 12 13 14 15 16 17 18 19 20 21 22 L.A.D. REPORTING & DIGITAL VIDEOGRAPHY - (800) 292-4789 (202) 861-3410 (800) 292-4789 (301) 762-8282 (703) 288-0026 (410) 539-3664 VIDEOTAPED DEPOSITION OF LESTER M. CRAWFORD, D.V.M., PH.D. CONDUCTED ON WEDNESDAY, MAY 24, 2006 Page 6 1 C O N T E N T S 2 EXAMINATION OF 3 LESTER M. CRAWFORD, D.V.M., Ph.D. PAGE 4 By Ms. Jones 8 5 By Mr. Amanat 214 6 7 E X H I B I T S 8 CRAWFORD EXHIBIT PAGE 9 1 Subpoena in a Civil Case 7 10 2 Documents LC01 through LC09 14 11 3 Documents Tummino 874 through 12 Tummino 893 149 13 4 Documents Tummino 804, 829, and 830 225 14 5 Documents Tummino 414 through 416 230 15 6 Documents Tummino 316 through 335 235 16 17 18 19 20 21 22 L.A.D. REPORTING & DIGITAL VIDEOGRAPHY - (800) 292-4789 (202) 861-3410 (800) 292-4789 (301) 762-8282 (703) 288-0026 (410) 539-3664 VIDEOTAPED DEPOSITION OF LESTER M. CRAWFORD, D.V.M., PH.D. CONDUCTED ON WEDNESDAY, MAY 24, 2006 Page 7 1 P R O C E E D I N G S 2 (Crawford Exhibit 1 was marked for 3 identification and was attached to the transcript.) 4 THE VIDEOGRAPHER: Here begins tape number 5 1 in the deposition of Lester M. Crawford, M.D., in the 6 matter of Annie Tummino, et al., versus Andrew C. von 7 Eschenbach, as Acting Commissioner of the Food and Drug 8 Administration, pending in the United States District 9 Court, Eastern District of New York, Case Number 10 05-CV-366. 11 Today's date is May 24th, 2006. The time is 12 9:11 a.m. 13 The video operator today is Cali Day of 14 L.A.D. Reporting. 15 This deposition is taking place at Arnold & 16 Porter, 555 Twelfth Street, Northwest, Washington, 17 D.C. 20004. 18 Would counsel please identify themselves and 19 state whom they represent. 20 MS. JONES: Bonnie Scott Jones, from the 21 Center for Reproductive Rights, for the plaintiffs. 22 MS. STRAUSS: Nan Strauss, for the L.A.D. REPORTING & DIGITAL VIDEOGRAPHY - (800) 292-4789 (202) 861-3410 (800) 292-4789 (301) 762-8282 (703) 288-0026 (410) 539-3664 VIDEOTAPED DEPOSITION OF LESTER M. CRAWFORD, D.V.M., PH.D. CONDUCTED ON WEDNESDAY, MAY 24, 2006 Page 8 1 plaintiffs. 2 MS. LABATON: Vivian Labaton, for the 3 plaintiffs. 4 MR. AMANAT: Franklin Amanat, U.S. Attorney, 5 for the defendant, FDA. 6 MS. SCHIFTER: Karen Schifter, for FDA. 7 MR. WARSHAWSKY: Steve Warshawsky, U.S. 8 Attorney, for FDA. 9 MS. REYES: Ana Reyes, Williams & Connolly 10 LLP, for Duramed Research, Inc., and Barr 11 Pharmaceuticals, Inc. 12 MR. STURM: Michael Sturm, Wiley, Rein & 13 Fielding, for the witness. 14 THE VIDEOGRAPHER: The court reporter today 15 is Jackie Jarboe of L.A.D. Reporting. 16 Would the Reporter please swear in the 17 witness. 18 Whereupon, 19 LESTER M. CRAWFORD, D.V.M., Ph.D. 20 having been duly sworn, testified as follows: 21 EXAMINATION BY COUNSEL FOR THE PLAINTIFFS 22 BY MS. JONES: L.A.D. REPORTING & DIGITAL VIDEOGRAPHY - (800) 292-4789 (202) 861-3410 (800) 292-4789 (301) 762-8282 (703) 288-0026 (410) 539-3664 VIDEOTAPED DEPOSITION OF LESTER M. CRAWFORD, D.V.M., PH.D. CONDUCTED ON WEDNESDAY, MAY 24, 2006 Page 9 1 Q Good morning, Dr. Crawford. 2 A Good morning. 3 Q Have you ever had your deposition taken 4 before? 5 A Yes. 6 Q So you are familiar with the basic 7 procedures? 8 A Yes. 9 Q Okay. Just let me remind you that if you 10 need a break at any time, that's fine, we'll take a 11 break. Just let me know, we'll finish the question 12 we're on, and move to a break as soon as we can. And 13 if you have any confusion about a question that I ask, 14 please let me know. If you don't ask me to rephrase 15 my question, I'm going to assume you understand it. 16 Is that okay with you? 17 A Yes. 18 Q Okay. We originally had planned to depose 19 you on April 28th of this year. Do you remember that? 20 A I do. 21 Q That deposition was postponed until today. 22 We were informed, I believe, on April 26th L.A.D. REPORTING & DIGITAL VIDEOGRAPHY - (800) 292-4789 (202) 861-3410 (800) 292-4789 (301) 762-8282 (703) 288-0026 (410) 539-3664 VIDEOTAPED DEPOSITION OF LESTER M. CRAWFORD, D.V.M., PH.D. CONDUCTED ON WEDNESDAY, MAY 24, 2006 Page 10 1 that we would be changing the date of deposition. My 2 question is, since April 26th have you or your 3 attorneys engaged in any kind of communication with 4 the Justice Department? 5 A April 26 was on what -- it was like a 6 Wednesday, was it? 7 Q I believe it was a Wednesday, yes. 8 MR. AMANAT: Counsel, when you say Justice 9 Department, are you referring to any particular 10 component? 11 MS. JONES: Any members of the Justice 12 Department -- 13 MR. AMANAT: Regardless of which component? 14 MS. JONES: -- in its entirety. 15 Correct. 16 A I have not. I believe my attorneys may 17 have. 18 BY MS. JONES: 19 Q Okay, which attorney, your attorney here 20 today, Mr. Sturm? 21 A Yes. 22 Q Okay. Who has he spoken to in the Justice L.A.D. REPORTING & DIGITAL VIDEOGRAPHY - (800) 292-4789 (202) 861-3410 (800) 292-4789 (301) 762-8282 (703) 288-0026 (410) 539-3664 VIDEOTAPED DEPOSITION OF LESTER M. CRAWFORD, D.V.M., PH.D. CONDUCTED ON WEDNESDAY, MAY 24, 2006 Page 11 1 Department, or who has he communicated with in the 2 Justice Department? 3 A I believe Mr.
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