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Eric Lipton Deposition in United States District Court for the District Of Case 1:17-cv-00246-MW-GRJ Document 90-1 Filed 10/05/18 Page 1 of 145 Page 1 1 UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF FLORIDA 3 GAINSVILLE DIVISION 4 5 - - - - - - - - - - - - - - - - - - - - - - - - -x 6 KEVIN FOLTA, PhD, : Case No. 7 Plaintiff, : 1:17-cv-246-MW-GRJ 8 vs. : 9 NEW YORK TIMES COMPANY, : 10 And ERIC LIPTON, : 11 Defendants. 12 - - - - - - - - - - - - - - - - - - - - - - - - - x 13 14 VIDEO DEPOSITION OF ERIC F. LIPTON 15 16 Washington, DC 17 Tuesday, September 25, 2018 18 19 20 21 REPORTED BY: 22 DONALD R. THACKER 23 VERITEXT LEGAL SOLUTIONS MID-ATLANTIC REGION 24 1801 Market Street – Suite 1800 Philadelphia, PA 19103 25 Veritext Legal Solutions 215-241-1000 ~ 610-434-8588 ~ 302-571-0510 ~ 202-803-8830 Case 1:17-cv-00246-MW-GRJ Document 90-1 Filed 10/05/18 Page 2 of 145 Page 2 Page 4 1 Video Deposition of Eric F. Lipton, called for 1 P R O C E E D I N G S 2 examination pursuant to notice of deposition on Tuesday, 2 THE VIDEOGRAPHER: We are now on the record at 3 September 25, 2018, in Washington, DC, at the law offices 3 10:09 a.m., September 25th, 2018. Please note that the 4 of Ballard Spahr, LLP, at 10:10 a.m., before Donald R. 4 microphones are sensitive and may pick up whispering, 5 Thacker, a Notary Public within and for the District of 5 private conversations and cellular interference. Please 6 Columbia, when were present on behalf of the respective 6 turn off all cell phones or place on vibrate away from the 7 parties: 7 microphone as they can interfere with the audio. Audio and 8 LANE R. JUBB, JR., ESQ. 8 video recording will continue to take place unless all 9 The Beasley Law Firm, LLC 9 parties agree to go off of the record. 10 1125 Walnut Street 10 This is unit one of the video recorded 11 Philadelphia, Pennsylvania 19107 11 deposition of Mr. Eric Lipton taken by counsel for 12 215-592-1000 215-592-8360 12 plaintiff in the matter of Kevin Folta, Dr. Kevin Folta 13 [email protected] 13 versus the New York Times Company filed in the 14 [email protected] 14 United States District Court, Northern District of Florida, 15 Attorneys for Plaintiff 15 Gainesville Division. Case No. 1:17-cv-246-MW-GRJ. 16 16 This deposition is being held at the offices of 17 CAROL LoCICERO, ESQ. 17 Ballard Spahr located at 1909 K Street Northwest, 12th 18 MARK R. CARAMANICA, ESQ. 18 Floor, Washington D.C. 20006. 19 Thomas & LoCicero 19 My name is Eliza Spikes from the firm 20 601 South Boulevard 20 of Veritext Court Reporters and Donald Thacker also from 21 Tampa, Florida 33606 21 the firm of Veritext. I am not authorized to administer an 22 813-984-3060 813-984-3070 22 oath, I am not related to any party and I am not interested 23 23 in the outcome. 24 24 Counsel who are present in the room and everyone 25 - continued - 25 attending remotely will now state their appearances and Page 3 Page 5 1 APPEARANCES: (Continued) 1 their information for the record. If there are any 2 2 objections to this proceeding, please state them at the 3 AL-AMYN SULAR, ESQ. 3 time of your appearance beginning with the party noticing 4 New York Times 4 this proceeding. 5 620 8th Avenue 5 MR. JUBB: Good morning, Lane Jubb and James 6 New York, New York 10018 6 Beasley for the Plaintiff. 7 7 MS. LoCICERO: Carol LoCicero with Thomas & 8 8 LoCicero for the Defendants, and the only objection is 9 9 really not an objection, I don't think we are going to have 10 10 a problem with it, but I want to put on the record to make 11 11 it clear that this deposition and the video tape and the 12 12 information we learn here is for the purposes of litigation 13 13 only, and that to the extent that we need to designate it 14 14 confidential so that it won't be used outside the 15 15 proceeding we are going to do that. 16 16 THE VIDEOGRAPHER: Will the court reporter 17 17 please administer the oath. 18 18 Whereupon, 19 19 ERIC F. LIPTON 20 20 was called as a witness and, having first been duly sworn, 21 21 was examined and testified as follows: 22 22 MS. LoCICERO: The only issue we didn't get the 23 23 other appearances for the record. 24 24 MR. CARAMANICA: Mark Caramanica, Thomas & 25 25 LoCicero. 2 (Pages 2 - 5) Veritext Legal Solutions 215-241-1000 ~ 610-434-8588 ~ 302-571-0510 ~ 202-803-8830 Case 1:17-cv-00246-MW-GRJ Document 90-1 Filed 10/05/18 Page 3 of 145 Page 6 Page 8 1 MR. SULAR: Al-Amyn Sular for the New York 1 reporter? 2 Times. 2 A I covered the lobbying industry and beyond 3 EXAMINATION 3 lobbying, campaigns to influence public opinion. 4 BY MR. JUBB: 4 Q In the 2015 timeframe -- let me back up. My 5 Q Mr. Lipton, good morning. We met briefly off 5 questions are all going to refer to that timeframe unless 6 the record. My name is Lane Jubb, I represent the 6 otherwise stated; okay? 7 Plaintiff in this case. I'm going to take your deposition 7 A Okay. 8 today; okay? 8 Q What was your role at the New York Times in 9 A Yes. 9 September of 2015 in terms of the specialty of journalism 10 Q Have you had your deposition taken before? 10 that you practice? 11 A Yes. 11 A I was writing about campaigns to influence 12 Q When was that? 12 public opinion and government. 13 A When I was a young person in Philadelphia, and 13 Q Was there a practice group name for it or was 14 my I family sued a company over a matter and I was deposed. 14 that just your personal description of it? 15 Q I am sorry to interrupt you. In that matter you 15 A It didn't really, it was just an area that I 16 were not a defendant or had nothing to do with journalism 16 covered. 17 or anything like that? 17 Q Were there other journalists in that same 18 A No. 18 sub-umbrella, if will, of journalists at the time? 19 Q I'm quite confident counsel explained to you the 19 A Not in the Washington, no. 20 rules of today's purpose, but I'll just go over a few of 20 Q And the Washington Bureau, how many folks are at 21 them if that's okay with you. 21 that location for the Times? 22 The first is that I want to make sure that you 22 A Approximately 90. 23 understand my questions, and so if I use a word wrong or 23 Q Where is that located? 24 you don't understand it I just need you to tell me and I 24 A It is at 17th and I Streets, Northwest. 25 will rephrase it. 25 Q Have you always been at that location? Page 7 Page 9 1 (Brief interruption.) 1 A Yes. 2 Q I will repeat that last one. I want to make 2 Q You mentioned you are from Philadelphia? 3 sure you understand my questions. If you don't understand 3 A Yes. 4 it you just have to tell me and I'm happy to rephrase it; 4 Q Did you ever work at any other newspaper before 5 okay? 5 the Times? 6 A Yes. 6 A Yes. 7 Q And next is, and what was pointed out, we will 7 Q Which newspaper? 8 talk slow so that he can take down everything that we are 8 A I worked at the Valley News in Lebanon, New 9 saying. And I would ask that you allow me to get my 9 Hampshire when I first graduated from college and then I 10 question out before you answer, and I'll do my best to let 10 worked Hartford Currant in Connecticut and at the 11 you get your full answer out before I interject. It's 11 Washington Post. 12 going to appear conversational, we may step on each other 12 Q It's my understanding that you won a couple of 13 so I apologize in advance for that, but it's good for him 13 awards; is that right? 14 and it's good for us lawyers later when we read the 14 A Yes. 15 transcript; okay? 15 Q Can you tell me about those? 16 A Yes. 16 A In 1992 I won a Pulitzer Prize for when I worked 17 Q Otherwise I think we can probably go through 17 for the Hartford Currant for explanatory journalism, and in 18 this and if there are any issues we'll look at them when 18 2015 when I was at the Times, New York Times I won for 19 they come. 19 investigative reporting, and I was part of the team of 20 How long have you been with the New York Times? 20 reporters in 2017 that won a Pulitzer Prize for Foreign 21 A Nineteen years. 21 Reporting. 22 Q In that 19 years have you had the same -- 22 Q In 2015 you start said part of a team, were you 23 strike.
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