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C-HOWARD GRAHAM BUFFETT-December 6, 2018 2:16-cv-02221-CSB-JEH # 220-4 Page 1 of 34 E-FILED Friday, 31 January, 2020 05:24:55 PM Clerk, U.S. District Court, ILCD In The Matter Of: MCGEE v. MACON COUNTY SHERIFF'S DEPARTMENT, et al. HOWARD GRAHAM BUFFETT December 6, 2018 Area Wide Reporting and Video Conferencing www.areawide.net [email protected] 301 W. White Street Champaign, IL 61820 Original File 1206BUFH.txt Min-U-Script® with Word Index 2:16-cv-02221-CSB-JEH # 220-4 Page 2 of 34 MCGEE v. HOWARD GRAHAM BUFFETT MACON COUNTY SHERIFF'S DEPARTMENT, et al. December 6, 2018 Page 1 Page 3 1 UNITED STATES DISTRICT COURT 1 INDEX - CONTINUED FOR THE CENTRAL DISTRICT OF ILLINOIS APPEARANCES: (Appearing telephonically) 2 URBANA DIVISION 2 For the deponent: Paula Cozzi Goedert 3 3 BARNES & THORNBURG LLP FELITA MCGEE, as Independent ) One N. Upper Wacker Drive, Suite 4400 4 Administrator of the Estate of ) 4 Chicago, Illinois 60606 MICHAEL CARTER, SR., deceased ) (312) 214-5660 5 and as next-of-kin, ) 5 ) 6 Plaintiff, ) 6 ) 7 vs. ) No. 2:16-cv-02221 7 INDEX ) EXAMINATION BY: PAGE 8 MACON COUNTY SHERIFF'S ) 8 Mr. Gordon......................................5 DEPARTMENT; DECATUR MEMORIAL ) Ms. Lewis......................................80 9 HOSPITAL; DMH CORPORATE HEALTH ) 9 Mr. Jennetten..................................82 SERVICES; ROBERT BRACO, M.D., JO ) Mr. Vayr.......................................87 10 BATES, LPN; RANDELL WEST; LARRY ) 10 PARSANO; TERRY COLLINS; MICHAEL ) 11 PATTON; and JOSHUA PAGE, ) 11 ) 12 Defendants. ) 12 EXHIBITS: DESCRIPTION PAGE (None marked) 13 13 14 14 15 15 16 16 17 17 18 18 19 DEPOSITION OF HOWARD GRAHAM BUFFETT 19 KEHART, WISE, TOTH & LEWIS 20 132 SOUTH WATER, SUITE 200 20 DECATUR, ILLINOIS 21 DECEMBER 6, 2018 21 11:00 A.M. 22 22 23 23 24 24 Reported and Transcribed by: 25 Rhonda Rhodes Bentley, CSR #084-002706 25 Page 2 Page 4 1 INDEX 1 STIPULATION APPEARANCES: 2 For the Plaintiff: 2 Rahsaan A. Gordon 3 LAW OFFICES OF RAHSAAN A. GORDON 3 IT IS HEREBY EXPRESSLY STIPULATED AND Attorneys at Law 4 333 West Wacker Drive - Suite 500 4 AGREED by and between the parties that the Chicago, Illinois 60606 5 (312) 422-9500 5 deposition of HOWARD GRAHAM BUFFETT may be taken [email protected] 6 6 on DECEMBER 6, 2018, at the Law Offices of For the Macon County Defendants: 7 William W. Kurnik 7 Kehart, Wise, Toth & Lewis, 132 South Water, KNIGHT, HOPPE, KURNIK & KNIGHT, LTD. 8 Attorneys at Law 8 Suite 200, Decatur, Illinois, pursuant to the 5600 North River Road, Suite 600 9 Rosemont, Illinois 60018-5114 9 applicable Supreme Court rules, local rules, and (847) 261-0700 10 [email protected] 10 the Code of Civil Procedure governing said 11 For the Defendants Decatur Memorial Hospital; DMH 11 depositions. Corporate Health Services; and Robert Braco, 12 M.D.: 12 Michael J. Kehart 13 Regan M. Lewis 13 IT IS FURTHER STIPULATED that the KEHART, WISE, TOTH & LEWIS 14 Attorneys at Law 14 necessity for calling the Court Reporter for 132 South Water, Suite 200 15 Decatur, Illinois 62525-0860 15 impeachment purposes is waived. (217) 428-4689 16 [email protected] 16 [email protected] 17 17 For the Defendant Jo Bates, LPN: 18 Peter R. Jennetten 18 QUINN, JOHNSTON, HENDERSON & PRETORIUS 19 Attorneys at Law 19 227 NE Jefferson Street 20 Peoria, Illinois 61602 20 (309) 674-1133 21 [email protected] 21 22 For the Defendant Randell West: 22 Bryan Vayr 23 HEYL, ROYSTER, VOELKER & ALLEN 23 Attorneys at Law 24 301 North Neil Street, Suite 505 24 Champaign, Illinois 61820 25 (217) 344-0060 25 Min-U-Script® Area Wide Reporting and Video Conferencing (1) Pages 1 - 4 1-800-747-6789 2:16-cv-02221-CSB-JEH # 220-4 Page 3 of 34 MCGEE v. HOWARD GRAHAM BUFFETT MACON COUNTY SHERIFF'S DEPARTMENT, et al. December 6, 2018 Page 5 Page 7 1 11:09 a.m. 1 a deposition in life. So some of this stuff is 2 HOWARD GRAHAM BUFFETT, 2 foreign to people who don't participate in the 3 having first been duly sworn, testifies as 3 process. In everyday language it is possible my 4 follows: 4 question -- for example, how you did with the 5 EXAMINATION 5 last question, you know exactly where I'm going 6 BY MR. GORDON: 6 and you feel the desire to answer my question, 7 Q. Can you please state your full name 7 but since we have the court reporter who is 8 for the record. 8 seated to your right and to my left, she's taking 9 Also, Paula, if you have any 9 down everything that I say and everything that 10 difficulty hearing, then by all means just jump 10 you say. It's important to allow my full 11 in and say something. 11 question to be recorded by her and as well 12 MS. GOEDERT: Good. Thank you. 12 equally as important to have your full answer -- 13 BY MS. GORDON: 13 A. Uh-huh. 14 Q. Please state your full name for the 14 Q. -- taken down. Fair enough? 15 record. 15 A. Uh-huh. 16 A. Howard Graham Buffett. 16 Q. Yes? 17 Q. Okay. Can you spell your middle 17 A. Yes. 18 name, please. 18 Q. Okay. Also, in everyday language 19 A. Probably. 19 when there are not lawyers involved and a court 20 Q. Okay. 20 reporter, a nod of the head or uh-huh and so 21 A. G-r-a-h-a-m. 21 forth are understood in everyday language but she 22 Q. Okay. All right. Have you ever 22 can't take that down accurately. 23 given a discovery deposition before? 23 A. I understand. 24 A. Well, I've given depositions before. 24 Q. So it's important that all of your 25 I don't know what the difference is between 25 answers be out loud. Fair enough? Page 6 Page 8 1 discovery. 1 A. Uh-huh. Correct. 2 Q. Sure. In a civil context. Are you 2 Q. Similar to what I told your attorney 3 familiar with a civil proceeding in law? 3 who's on the phone, if you don't hear me because 4 A. Not really. 4 I didn't speak loud enough or you don't 5 Q. Okay. On approximately how many 5 understand the question, by all means just stop 6 occasions have you given a discovery deposition? 6 me and say, hey, look, I didn't understand that 7 A. Well, I've given a deposition 7 question, can you ask it again or ask it in a 8 probably four or five times 20 some years ago. 8 different way. Fair enough? 9 Q. Okay. So I'll stop saying discovery, 9 A. I understand, yeah. 10 but your last recollection of giving a deposition 10 Q. Okay. Okay. So you said the last 11 was approximately 20 years ago or more; is that 11 depositions that you gave more than approximately 12 fair to say? 12 20 years ago were in relationship, did you say, 13 A. Yeah. Yeah, that's correct. 13 to Archer -- 14 Q. The approximate five depositions that 14 A. Yes, Archer Daniels Midland, ADM. 15 you've given in the past, were they all related 15 They're a food processing company here in town. 16 to the same matter or -- 16 Q. Can you tell us how you came to -- 17 A. Yes. 17 from your understanding how you came to give 18 Q. -- various matters? 18 depositions in this case involving ADM? 19 A. Same matter. 19 A. I was a senior vice president at ADM, 20 Q. Can you tell us what that matter 20 and they were being prosecuted by the Department 21 related to? 21 of Justice for price fixing. 22 A. Archer Daniels Midland. 22 Q. And how did that case resolve from 23 Q. Just a couple ground rules. I know 23 your understanding? 24 it's been a long time since you've given a 24 A. Honestly I have no idea how it got 25 deposition. Most folks probably never will give 25 resolved because I resigned from the company. Min-U-Script® Area Wide Reporting and Video Conferencing (2) Pages 5 - 8 1-800-747-6789 2:16-cv-02221-CSB-JEH # 220-4 Page 4 of 34 MCGEE v. HOWARD GRAHAM BUFFETT MACON COUNTY SHERIFF'S DEPARTMENT, et al. December 6, 2018 Page 9 Page 11 1 Q. Have you reviewed any materials to 1 at ADM? 2 date in preparation for this deposition? 2 A. Ask that again. 3 A. No. 3 Q. Okay. You had testified early on 4 Q. Have you looked at any videos in 4 that you had given depositions as part of your 5 relationship to this incident that we're here for 5 role with ADM -- 6 today? 6 A. Yeah. 7 A. No. 7 Q. -- correct? 8 Q. Okay. Can you tell us what your 8 A. Correct. 9 current job title is? 9 Q. You also indicated that your position 10 A. I'm chairman and CEO of the Howard G. 10 prior to being chairman and CEO of the Howard G. 11 Buffett Foundation. 11 Buffett Foundation was president of that same 12 Q. How long have you held that position? 12 foundation starting in approximately 1999, 13 A. Well, I've had the foundation since 13 correct? 14 1999, and I'm not sure what titles remain exactly 14 A.
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