Preview
FILED: WARREN COUNTY CLERK 01/15/2021 04:42 PM INDEX NO. EF2018-65232
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/15/2021
Court Reporting
A {A
Videoconferencing
215-829-9300
833-562-9300
www.a-acourtreporting.com
Transcript of the the Testimony of
MICHAEL PETTA
February 26, 2020
O'BRIEN, et al
VS
SAGBOLT, LLC., et al
EXHIBIT
FILED: WARREN COUNTY CLERK 01/15/2021 04:42 PM INDEX NO. EF2018-65232
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/15/2021
O'BRIEN, et alvs
SAGBOLT, LLC., et al PETTA, MICHAEL
1 STATE OF NEW YORK
SUPREME COURT COUNTY OF WARREN
2 /
3 EVELYN O'BRIEN, JAMIE LYNN PATCHETT,
CHRIS FORTNER, MICHAEL PETTA,
4 JESSICA TAYLOR-MACKRODT, and
HEATHER MARTIN on behalf of
5 Themselves and others similarly
Situated,
6
Plaintiffs,
7
- against - Index No. 65232/2018
8
9 SAGBOLT, LLC, OCEAN PROPERTIES, LTD.,
PORTSMOUTH CORPORATE FINANCIAL
10 SERVICES, INC., PATRICK WALSH, and
THOMAS GUAY,
11
Defendants.
12 /
13
14 FEBRUARY 26, 2020
15
16 EXAMINATION BEFORE TRIAL of MICHAEL F. PETTA,
17 PLAINTIFF, taken pursuant to Notice of Examination at
18 the law offices of Bartlett, Pontiff, Stewart &
19 Rhodes, P.C., One Washington Street, Glens Falls, New
20 York, beginning at 9:30 a.m., on the above date,
21 before Christine Greenaway, Registered Professional
22 Reporter and Notary Public for the State of New York.
23
24
A & A COURT REPORTING
25 215.829.9300
A & A Court Reporting
215-829-9300
FILED: WARREN COUNTY CLERK 01/15/2021 04:42 PM INDEX NO. EF2018-65232
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/15/2021
O'BRIEN, et alvs
SAGBOLT, LLC., et al PETTA, MICHAEL
Page 2 Page 4
1 (MICHAEL F .PETTA) 1 (MICHAEL F. PETTA)
2 APPEARANCES: 2 E X H I B I T S
3 3
NUMBER/IDENTIFICATION PAGE
FLEISCHMANBONNER& ROCCO,LLP
5 BY: JOSHUAGLATTER, ESQ. 4
81 Main Street 5
6 Suite 515 Defendants
White Plains, NY 10601 6
7 914.278.5100
JGlatter@fbrilp.com
Petta 1............----------.... . ..
......
.. 35
8
Counsel for Plaintiff B Employment record
9
10 9
11 Petta 2..................................... 37
12 GREENBERG TRAURIG 10 Employment record
BY: MICHAEL SLOCUM,ESQ. 11
13 500 Campus Drive
Petta 3.......... . . . ..---...................42
Florham Park, NJ 07932 .
14 973.3 60.7900 12 Amended Class Action Complaint
15 Counsel for Defendant, 13
Sagbolt, LLC, and 14 (Exhibitsretained by Mr. Slocum.)
16 Ocean Properties, Ltd. 15
17 16
17
19 ALSO PRESENT:
20 18
WILLIAM C. BALFOORT, 19
21 Videographer 20
A & A Court Reporting 21
22 303 Chestnut Street 22
Philadelphia, PA
23 215.829.9300
24 24
25 25
Page 3 Page 5
1 (MICHAEL F. PETTA) 1 (MITAEL F. PETTA)
2 I N D E X
2 VIDEOGRAPHER: The videotaped
3
WITNESS PAGE 3 deposition of Michael F. Petta is taken
4 4 on February 26th in the year 2020 at
5 MICHAEL F. PETTA Stewart
5 Bartlett Pontiff & Rhodes, Glens
BY: 6 Falls, New York.
Michael J. Slocum, Esq. 5
7 7 The caption of the case is: Evelyn
B 8 O'Brien, Jamie Lynn Patchett, Chris
ERRATASHEET 98 Taylor-
9 FOrtner, Michael Petta, Jessica
10 EXHIBIT LIST 4 10 Mackrodt, and Heather Martin on behalf
11 11 of Themselves and Other Similarly
REPORTER'SCERTIFICATE 96 12 versus Ocean
Situated, Sagbolt, LLC,
12
13 Properties, Ltd., Portsmouth CoIporate
13 REQUESTFOR PRODUCTION
14 14 Financial Services, Inc., Patrick Walsh,
BY: Michael J. Slocum, Esq. 34 15 and Thomas Guay, Index No. 65232/2018,
15
16 being heard today before the Supreme
Joshua Glatter, Esq. 36
16 17 Court in the State Of New York, County
17 18 of Warren.
WITNESSCERTIFICATE OF OATH 97 19 My name is William C. Balfoort. I
18
20 am with A & A Court Reporting located in
19
20 21 Philadelphia, Pennsylvania.
21 22 I'd like to ask counsel to audibly
22 23 affilia-
introduce themselves, give their
23
24 tions, and after they do so, would
24
25 25 Christine Greenaway, the court reporter,
A & A Court Reporting
215-829-9300
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NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/15/2021
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2 swear in the witness. 2 tryand follow. The first is that the court reporter
3 Counsel. 3 cannot take down nods of the head, shrugs of the
4 MR. GLATTER: Joshua Glatter, 1 4 shoulders, uh-uhs, things like that.
5 Fleischman Bonner & Rocco, LLP, uh, for 5 So all of your answers have to be verbalized;
6 Plaintiffs on behalf of Michael Petta. 6 okay?
7 MR. SLOCUM: Uh, Michael Slocum, 7 A. Okay.
8 Greenberg Traurig, on behalf of 8 Q. All right. The court reporter really cannot
9 Defendants Sagbolt, LCC, and Ocean 9 take down clearly more than one person speaking at a
10 Properties, Limited. 10 time. It makes for a very messy transcript. So I'm
11 (Whereupon, Madame courtreporter 11 sure there will be times when you know where my
12 administered the oath.) 12 question is going. Umm, I would ask that you, none
13 MR. PEITA: I do. 13 the less, let me finish my question before you start
14 - - - 14 your answer. And I will likewise try and let --
15 M I C HA E L F. P E T T A, 15 always let you finish your answer before starting my
16 called as a witness, having been first 16 next question. All right?
17 duly sworn by the Notary Public, was 17 A. Understood.
18 examined and testified as follows: 18 Q. Okay. If at any point you have any
19 - - - 19 difficulty either hearing one of my questions or
20 EXAMINATIONBY MR. SLOCOM: 20 understanding one of my questions, please let me know.
21 Q. All right. Good morning, Mr. Petta. How 21 I'll be happy to either rephrase it or repeat it, umm,
22 are you? 22 have it read back, as it may be appropriate.
23 A. Good morning. Fine. Thank you. Yourself? 23 The reason for that is, if you do answer a
24 Q. I'm doing well. Thank you. 24 question, we're all going to assume that you heard it
25 anm, so as you just heard, my name is 25 and understood it; fair enough?
Page 7 Page 9
1 (MICHAEL F. PETTA) 1 (MICHAEL F. PETTA)
2 Michael Slocum. I'm an attorney with the law firm 2 A. Yes .
3 Grééñbérg Traurig. I represent, uh, Sagbolt, LLC, and 3 Q. Okay. If at any point you need a break,
4 Ocean Properties, Limited, in connection with a 4 please let me know. I'm happy to accommodate that.
5 lawsuit that you've brought. 5 I think we're -- the plan today is to try and push
6 A. Okay. 6 through. I know we all have to, uh, get out as early
7 Q. We're here today for your deposition. 7 as we can. But my only request is, if you do want to
8 A. Right. 8 take a break, answer whatever question may be pending
9 Q. Have you ever been deposed before? 9 first. All right?
10 A. No. 10 A. I shall.
11 Q. Okay. So as you're probably aware, it's 11 Q. Okay. Are you under the influence of any
12 essentially a question-and-answer session. I'll be 12 medications or other substances that might impair your
13 asking you a series of questions today. 13 ability to testify truthfully today?
14 Do you understand that you are under oath 14 A. No.
15 and obligated to answer my questions truthfully, to 15 Q. Can you think of any other reason you might
16 the best of your ability? 16 be unable to testify truthfully today?
17 A. Yes. 17 A. No.
18 Q. Okay. The woman sitting between us is a 18 Q. Okay. What did you do to prepare for your
19 court reporter. She'll be taking down everything that 19 deposition?
20 you, I, and your the course of the 20 A. I spoke with counsel this --
attorney say during morning
21 deposition and writing it out into a booklet form 21 Q. Okay.
22 called "the transcript," that we will use in further 22 A. -- briefly.
23 proceedings in this case. 23 Q. And by counsel, you mean Mr. Glatter?
24 In order to make her job a little easier, 24 A. Yes.
25 there are some ground rules I'm going to ask that we 25 Q. Okay. Did you speak with anyone else other
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2 than Mr. Glatter in preparation for your deposition? 2 deposition today?
3 A. Yes. 3 MR. GLATTER: Objection; form.
4 Q. Okay. Who else? 4 A. In person or telephonically?
5 A. Umm, Ananda. I cannot remember his last 5 BY MR. SLOCOM:
6 name. 6 Q. In person.
7 Q. Ananda Chaudhuri? 7 A. Today.
8 A. Yes. 8 Q. Okay. When was the first time you met with
9 Q. Okay. Did you speak with anyone else beside 9 any of your attorneys telephonicelly, conversed with
10 Mr. Glatter and Mr. Chaudhuri? 10 them telephonically, to prepare for your deposition
11 A. Yes. Umm, there was another counsel on the 11 today?
12 phone call. Uh, Joe, I believe is his first name. 12 A. I do not recall the date.
13 Q. Okay. Joe Moen? 13 Q. Okay. Was it Monday?
14 A. Correct. 14 A. No.
15 Q. Okay. other than your three attorneys, was 15 Q. Okay. You said that you had a conversation
16 there anyone else on what you said was a phone call? 16 with your attorneys Monday. Was that in preparation
17 A. Correct. 17 for your deposition, or was it a separate conversation
18 Q. Okay. All right. When -- you said it was 18 with your attorneys on Monday?
19 this morning. What time this morning? 19 A. The former.
20 A. Met with Josh this morning at approximately, 20 Q. Okay. So it was in preparation for your
21 umm, 8:20. 21 deposition?
22 Q. Okay. Where did you meet? 22 A. That is correct.
23 A. Initially met in the lobby of The Queensbury 23 Q. Okay. Which attorneys did you speak with on
24 Hotel, and then we went to SPoT, a coffee shop, and 24 Monday in preparation for your deposition?
25 sat for approximately a half hour. 25 A. I am not sure.
Page 11 Page 13
1 (MICHAEL F. PETTA) 1 (MICHAEL F. PETTA)
2 Q. Okay. Mr. Chaudhuri and Mr. Moen 2 Q. Okay. Did you at any time meet with or
3 participated by telephone? 3 speak with anyone other than your attorneys to prepare
4 A. Correct. And that was on Monday. 4 for your deposition?
5 Q. Okay. So you met with Mr. Glatter more than 5 A. No. If I can go back to the prior question?
6 once? 6 Q. Sure.
7 MR. GLATTER: Objection to form. 7 A. I know that, umm, Ananda was on the call.
8 MR. SLOCOM: I'm trying to 8 At some point, Josh joined the call. I don't recall
9 understand. 9 if Joe was also on the call.
10 MR. GLATTER: Objection. I mean -- 10 Q. Okay. And this was the call on Monday?
11 THE WITNESS: I'm sorry. Could the 11 A. Correct.
12 reporter repeat the question? 12 Q. Okay. Do you recall what time of day on
can -- I 13
13 MR. GIATTER: I can clear Monday this call took place?
14 this if you want me to -- 14 A. It was 10:00 a.m.
up
15 MR. SLOCOM: Umm -- 15 Q. And how long did the call last?
16 MR. GLATTER: -- compute. 16 A. an hour and 15 minutes.
Approximately
17 MR. SLOCOM: Yeah. I'll -- we'll 17 Q. Okay. Where were you when you
physically
18 get there. 18 took this call?
19 MR. GLATTER: Okay. 19 A. In my home office.
20 MR. SLOCOM: Yep. 20 Q. Were you on speakerphone?
21 BY MR. SLOCUM: 21 A. I put myself on speakerphone --
22 Q. All right. Let me -- let me try taking it 22 Q. Okay.
23 back a step. 23 A. -- because I was monitoring screens related
24 When was the first time that you met with 24 to work.
25 any one of your attorneys to prepare for your 25 Q. Okay. Was there anyone in the house who
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2 would have been able to overhear your conversation on 2 Q. Do you recallwhat year itwas?
3 speakerphone? 3 A. 2018.
4 A. No one else was in the house. 4 Q. Do you recall roughly what season of 2018 it
5 Q. Okay. Did you review any documents in 5 was that your mother saw this article?
6 preparation for your deposition today? 6 A. I believe itwas the first quarter. There
7 A. Yes. 7 was only one day that it was smacked at,uh, top
8 Q. Do you recall what documents you reviewed -- 8 headline.
9 MR. GLATTER: Hold on. 9 Q. Okay. other than bringing the article to
10 BY MR. SLOCUM: 10 your attention,did your mother have any other
11 Q. -- you reviewed? 11 conversationswith you about the lawsuit?
12 MR. GIATTER: Hold on. I'm going 12 A. No.
13 to -- to the extent that that question 13 Q. Have you had any conversations with your
14 would require you to disclose any 14 mother since she brought thisarticle to your
15 documents that I showed to you, I would 15 attention about your lawsuitor the allegations you're
16 instruct you not to answer under the 16 bringing againstThe Sagamore?
17 selection and compilation doctrine of 17 A. Not any substantive conversations, no.
18 the work product, uh -- of uh, work 18 Q. Okay. What do you mean by "not substantive
the,
19 product doctrine. 19 conversations"?
20 MR. SLOCUM: Understood. 20 A. There may have been, uh, just passing
21 BY MR. SLOCUM: 21 references thatthe litigation was ongoing.
22 Q. "yes" or "no." 22 Q. More than one passing reference?
Umm, simply
23 Do you remember which documents you reviewed 23 A. Yes.
24 in pranaraMan for your deposition? 24 Q. More than five?
25 A. Yes. 25 A. No.
Page 15 Page 17
1 (MICHAEL F. PETTA) 1 (MICHAEL F. PETTA)
2 Q. Okay. "yes" or "no." 2 Q. Have you discussed the lawsuitwith anyone
Simply
3 To your knowledge, did you review any 3 else in yourfamily?
4 documents that have not been turned over in discovery 4 A. Yes.
5 in this case? 5 Q. Who?
6 A. No. 6 A. My spouse.
7 MR. GLATTER: Objection. 7 Q. What's your spouse's name?
8 Hold on. Objection to fom. 8 A. Joan Amy Lupo-Petta. And that's L-U-P-0,
9 You can answer. 9 hyphenated.
10 A. No. 10 Q. The hyphen between the Lupo and Petta or --
11 BY MR. SLOCUM: 11 A. Correct.
12 Q. Okay. How did you come to retain Ananda 12 Q. Okay. How long have you been married?
13 Chaudhuri to represent you in this case? 13 A. I've been married for 19 years.
14 A. My mother advised me that she saw the 14 Q. And what have you and your wife discussed as
15 existence of this lawsuit on the front full -- front 15 it relates to your lawsuit against The Sagamore?
16 page of the Post-Star. 16 MR. GLATTER: Hold on.
17 Q. Okay. 17 I'm going to have to instruct him
18 A. And having known that I worked there for a 18 not to answer that on grounds of, umm,
19 few months, she told me about it. And I thereafter 19 spousalprivilege.
20 called counsel, which was listed in the article. 20 BY MR. SLOCOM:
21 Q. Do you recall the date of the, uh, article 21 Q. Are you going to take your lawyer's advice?
22 in the Post-Star? 22 A. Yes.
23 A. No. 23 Q. Was anyone else present during any of your
24 Q. Do you recall what month it was? 24 conversations with your wife about the lawsuit?
25 A. No. 25 A. No.
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2 Q. Have you discussed the lawsuit with any 2 MR. SLOCUM: Yeah.
3 other members of your family? 3 VIDEOGRAPHER: We're stopping
4 A. No. 4 filming. The time is approximately
5 Q. Have you discussed the lawsuit with any of 5 9:29. (Pause)
6 your friends? 6 VIDEOGRAPHER: We're resuming
7 A. No. 7 filming. We're back on the record. The
8 Q. Have you discussed your lawsuit with any of 8 time is approximately 9:31.
9 your co-workers? 9 BY MR. SIOCOM:
10 MR. GIATTER: Objection to form. 10 Q. Have you spent any money out of pocket on
11 You can answer. 11 your lawsuit thus far?
12 BY MR. SLOCOM: 12 A. No. Other than the cost of the gasoline to
13 Q. You can answer. 13 drive from Stillwater to here today.
14 A. I mentioned that today I would not be at 14 Q. Okay. Sitting here today, do you have any
15 work because I was attending a deposition. I did not 15 present intention or expectation that you will need to
16 disclose any further details. 16 pay any money out of pocket for your lawsuit?
17 Q. Okay. Who did you mention that to? I 17 A. No.
18 A. a colleague of mine. 18 MR. GIATTER: Objec -- sorry.
Uh,
19 Q. So let's go back to the article thatyour 19 Objection to form; vague.
20 mother saw in the Post-Star. You said that you called 20 Go ahead.
21 Mr. Chaudhuri as he was listed in the article? 21 A. No. I have no expectation of being out of
22 A. That's my recollection. 22 pocket.
23 Q. Okay. 23 BY MR. SIDCOM:
24 A. The article named counsel. I thereafter 24 Q. What is your understanding as to the nature
25 simply Googled whomever that was, whether it was 25 of the claims that you are advancing against The
Page 19 Page 21
1 (MICHAEL F. PETTA) 1 (MICHAEL F. PETTA)
2 Mr. Moen or Ananda and called -- 2 Sagamore?
3 Q. Okay. 3 A. My understanding of the nature of the claims
4 A. -- their office and left a voicemail. 4 is that The Sagamore wrongfully withheld, uh, what
5 Q. Okay . 5 should have been characterized as gratuities and
6 A. And they thereafter returned the call. 6 instead were characterized as service charges, that
7 Q. Have you signed any written retainer 7 management retained.
8 agreements with Mr. Chaudhuri's law firm? 8 Q. Do you have any information as to the
9 A. Yes. Electronically. 9 amounts of the service charges you claim was
10 Q. Have you signed any written retainer 10 wrongfully retained?
11 agreements with Mr. Moen's law firm? 11 MR. GIATTER: Hold on. Umm, you --
was under 12 I will allow to you answer that ques-
12 A. It my recollection that they were
13 together, that the retainer agreement encompassed both 13 tion to the extent that you have an
14 of them. That was my recollection, that I signed 14 independent knowledge or -- in
only
15 one retainer. 15 connection with Mr. Slocum's question.
16 Q. Okay. Have you signed a written retainer 16 To the extent answering that
17 agreement with, uh, Mr. Glatter's law firm? 17 question would require you to, uh,
18 A. Yes. 18 disclose communications you had with any
19 Q. And is that a separate retainer from the ane 19 of your lawyers, then you should not
20 you signed with Mr. Chaudhuri's and Mr. Moen's law 20 disclose those communications. And I'm
21 firms? 21 sure Mr. Slocum agrees with me.
22 A. That is correct. Yes, it was. 22 A. I do not have any independent knowledge
23 Q. Okay. Have you -- 23 prior to the litigation.
24 MR. GIATTER: Can you -- 24 BY MR. SLOCOM:
25 Just off the record for a minute. 25 Q. Do you have a belief as to what you think
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2 The Sagamore owes you in connection with your claims? 2 enrolled agents, CPAs, and tax attorneys in their
3 MR. GLATTER: Objection to form. 3 consumer group having to do with TurboTax Live.
4 You can answer. 4 Q. How long have you had that position?
5 A. I do not have knowledge as to -- if 5 A. Since December 10th, uh, 2018.
any
6 you're referring to a dollar amount, no. 6 Q. You graduated from law school?
7 BY MR. SIOCOM: 7 A. Yes, I did.
8 Q. Okay. What's your understanding of your 8 Q. Where did you graduate from?
9 role and responsibilities as a lead Plaintiff in a , 9 A. Pace University of White Plains.
10 punitive class action? 10 Q. When did you graduate?
11 A. My understanding is to, uh, represent other 11 A. June 11th, 1989.
12 Plaintiffs situated and to litigate on their : 12 Q. Have you pursued any education beyond your
similarly
13 behalf and to ensure that, umm, everyone involved 13 JD?
14 receives their pro rataportion of any settlement or 14 A. No.
15 judgment. 15 Q. You were employed at The Sagamore as a
16 Q. How often have you met with your attorneys 16 banquet server from --
May 2007 until August I'm
17 throughout the course of this litigation? 17 sorzy, May 2017 until August 2017; is that correct?
18 which -- me back 18 A.
A. Telephonically, umm, let Well, Memorial Day was the day I actually
19 up, My only, uh, quote, meetings were telephonically. 19 showed up to apply. So that's a Monday. I ultimately
20 I do not know the exact number. 20 interviewed on Wednesday, went to orientation on
21 Q. Okay. More than five times have you spoken . 21 Thursday, started shortly thereafter.
'
22 with your attorneys during the course of this 22 So I believe that would put us into the
23 litigation? 23 beginning of June. And I worked for approximately two
24 A. I believe it would be, umm, around five 24 months. I do not recall if that flowed into August or
25 times. I do not know exactly. 25 the end of July.
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1 (MICHAEL F. PETTA) 1 (MICHAEL F. PETTA)
2 Q. Okay. Prior to speakingwith your attorneys 2 Q. Okay.
3 Monday in preparation for your deposition today,when 3 A. But two months, approximately.
4 was the last time before that thatyou had spoken with 4 Q. Have you ever worked as a banquet server or
5 your attorneys about your lawsuit? 5 bartender at any other establishment besides The
6 A. I don'tknow exactly. 6 Sagamore?
7 Q. More than six months ago? 7 A. Yes.
8 A. No. Less than. 8 Q. Where else have you worked as a banquet
9 Q. Okay. Just to close the loop on it. Have 9 server?
10 you com--icated in any way, whether verbally, in 10 A. As a banquet server per se, uh, Tarrytown
11 writing, textsengas, e-mails, posts on Facebook, 11 House in Tarrytown, New York, primarily.
12 any sort of counniumination
withanyone other than your 12 Q. Okay. Anywhere else?
13 attorneys,your mother, or your wife about your 13 A. Yes. Umm, an entity called the Mid-Hudson
14 lawsuit or your claims againstThe Sagamore? 14 Valley Conference Center, which was previously a huge
15 A. No. 15 IBM complex.
16 Q. Okay. Are you currently employed? 16 Q. Okay. Anywhere else?
17 A. Yes. 17 A. At this time, that's all I recall.
18 Q. Where do you work? 18 Q. Okay. Have you worked at any other
19 A. I work for Intuit,and I work at home, a 19 establishments as a bartender rather than a banquet
20 remote position,as they are based out of 20 server?
21 Mountain View, California. 21 A. Yes.
22 Q. What's your position with Intuit? 22 Q. Okay. Where have you worked as a bartender?
23 A. I'm a tax attorney,and I serve in a lead 23 A. At Peabody's, which is in Saratoga Springs,
24 role overseeinga team of other credentialedtax 24 New York.
25 experts,which include enrolled agements [sic] -- 25 Q. Okay. Anywhere else?
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O'BRIEN, et alvs
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Preview
FILED: WARREN COUNTY CLERK 01/15/2021 04:42 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/15/2021 Court Reporting A {A Videoconferencing 215-829-9300 833-562-9300 www.a-acourtreporting.com Transcript of the the Testimony of MICHAEL PETTA February 26, 2020 O'BRIEN, et al VS SAGBOLT, LLC., et al EXHIBIT FILED: WARREN COUNTY CLERK 01/15/2021 04:42 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/15/2021 O'BRIEN, et alvs SAGBOLT, LLC., et al PETTA, MICHAEL 1 STATE OF NEW YORK SUPREME COURT COUNTY OF WARREN 2 / 3 EVELYN O'BRIEN, JAMIE LYNN PATCHETT, CHRIS FORTNER, MICHAEL PETTA, 4 JESSICA TAYLOR-MACKRODT, and HEATHER MARTIN on behalf of 5 Themselves and others similarly Situated, 6 Plaintiffs, 7 - against - Index No. 65232/2018 8 9 SAGBOLT, LLC, OCEAN PROPERTIES, LTD., PORTSMOUTH CORPORATE FINANCIAL 10 SERVICES, INC., PATRICK WALSH, and THOMAS GUAY, 11 Defendants. 12 / 13 14 FEBRUARY 26, 2020 15 16 EXAMINATION BEFORE TRIAL of MICHAEL F. PETTA, 17 PLAINTIFF, taken pursuant to Notice of Examination at 18 the law offices of Bartlett, Pontiff, Stewart & 19 Rhodes, P.C., One Washington Street, Glens Falls, New 20 York, beginning at 9:30 a.m., on the above date, 21 before Christine Greenaway, Registered Professional 22 Reporter and Notary Public for the State of New York. 23 24 A & A COURT REPORTING 25 215.829.9300 A & A Court Reporting 215-829-9300 FILED: WARREN COUNTY CLERK 01/15/2021 04:42 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/15/2021 O'BRIEN, et alvs SAGBOLT, LLC., et al PETTA, MICHAEL Page 2 Page 4 1 (MICHAEL F .PETTA) 1 (MICHAEL F. PETTA) 2 APPEARANCES: 2 E X H I B I T S 3 3 NUMBER/IDENTIFICATION PAGE FLEISCHMANBONNER& ROCCO,LLP 5 BY: JOSHUAGLATTER, ESQ. 4 81 Main Street 5 6 Suite 515 Defendants White Plains, NY 10601 6 7 914.278.5100 JGlatter@fbrilp.com Petta 1............----------.... . .. ...... .. 35 8 Counsel for Plaintiff B Employment record 9 10 9 11 Petta 2..................................... 37 12 GREENBERG TRAURIG 10 Employment record BY: MICHAEL SLOCUM,ESQ. 11 13 500 Campus Drive Petta 3.......... . . . ..---...................42 Florham Park, NJ 07932 . 14 973.3 60.7900 12 Amended Class Action Complaint 15 Counsel for Defendant, 13 Sagbolt, LLC, and 14 (Exhibitsretained by Mr. Slocum.) 16 Ocean Properties, Ltd. 15 17 16 17 19 ALSO PRESENT: 20 18 WILLIAM C. BALFOORT, 19 21 Videographer 20 A & A Court Reporting 21 22 303 Chestnut Street 22 Philadelphia, PA 23 215.829.9300 24 24 25 25 Page 3 Page 5 1 (MICHAEL F. PETTA) 1 (MITAEL F. PETTA) 2 I N D E X 2 VIDEOGRAPHER: The videotaped 3 WITNESS PAGE 3 deposition of Michael F. Petta is taken 4 4 on February 26th in the year 2020 at 5 MICHAEL F. PETTA Stewart 5 Bartlett Pontiff & Rhodes, Glens BY: 6 Falls, New York. Michael J. Slocum, Esq. 5 7 7 The caption of the case is: Evelyn B 8 O'Brien, Jamie Lynn Patchett, Chris ERRATASHEET 98 Taylor- 9 FOrtner, Michael Petta, Jessica 10 EXHIBIT LIST 4 10 Mackrodt, and Heather Martin on behalf 11 11 of Themselves and Other Similarly REPORTER'SCERTIFICATE 96 12 versus Ocean Situated, Sagbolt, LLC, 12 13 Properties, Ltd., Portsmouth CoIporate 13 REQUESTFOR PRODUCTION 14 14 Financial Services, Inc., Patrick Walsh, BY: Michael J. Slocum, Esq. 34 15 and Thomas Guay, Index No. 65232/2018, 15 16 being heard today before the Supreme Joshua Glatter, Esq. 36 16 17 Court in the State Of New York, County 17 18 of Warren. WITNESSCERTIFICATE OF OATH 97 19 My name is William C. Balfoort. I 18 20 am with A & A Court Reporting located in 19 20 21 Philadelphia, Pennsylvania. 21 22 I'd like to ask counsel to audibly 22 23 affilia- introduce themselves, give their 23 24 tions, and after they do so, would 24 25 25 Christine Greenaway, the court reporter, A & A Court Reporting 215-829-9300 FILED: WARREN COUNTY CLERK 01/15/2021 04:42 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/15/2021 O'BRIEN, et alvs SAGBOLT, LLC., et al PETTA, MICHAEL Page6 Page8 1 (MICHAEL F. PETTA) 1 (MICHAEL F. PETTA) 2 swear in the witness. 2 tryand follow. The first is that the court reporter 3 Counsel. 3 cannot take down nods of the head, shrugs of the 4 MR. GLATTER: Joshua Glatter, 1 4 shoulders, uh-uhs, things like that. 5 Fleischman Bonner & Rocco, LLP, uh, for 5 So all of your answers have to be verbalized; 6 Plaintiffs on behalf of Michael Petta. 6 okay? 7 MR. SLOCUM: Uh, Michael Slocum, 7 A. Okay. 8 Greenberg Traurig, on behalf of 8 Q. All right. The court reporter really cannot 9 Defendants Sagbolt, LCC, and Ocean 9 take down clearly more than one person speaking at a 10 Properties, Limited. 10 time. It makes for a very messy transcript. So I'm 11 (Whereupon, Madame courtreporter 11 sure there will be times when you know where my 12 administered the oath.) 12 question is going. Umm, I would ask that you, none 13 MR. PEITA: I do. 13 the less, let me finish my question before you start 14 - - - 14 your answer. And I will likewise try and let -- 15 M I C HA E L F. P E T T A, 15 always let you finish your answer before starting my 16 called as a witness, having been first 16 next question. All right? 17 duly sworn by the Notary Public, was 17 A. Understood. 18 examined and testified as follows: 18 Q. Okay. If at any point you have any 19 - - - 19 difficulty either hearing one of my questions or 20 EXAMINATIONBY MR. SLOCOM: 20 understanding one of my questions, please let me know. 21 Q. All right. Good morning, Mr. Petta. How 21 I'll be happy to either rephrase it or repeat it, umm, 22 are you? 22 have it read back, as it may be appropriate. 23 A. Good morning. Fine. Thank you. Yourself? 23 The reason for that is, if you do answer a 24 Q. I'm doing well. Thank you. 24 question, we're all going to assume that you heard it 25 anm, so as you just heard, my name is 25 and understood it; fair enough? Page 7 Page 9 1 (MICHAEL F. PETTA) 1 (MICHAEL F. PETTA) 2 Michael Slocum. I'm an attorney with the law firm 2 A. Yes . 3 Grééñbérg Traurig. I represent, uh, Sagbolt, LLC, and 3 Q. Okay. If at any point you need a break, 4 Ocean Properties, Limited, in connection with a 4 please let me know. I'm happy to accommodate that. 5 lawsuit that you've brought. 5 I think we're -- the plan today is to try and push 6 A. Okay. 6 through. I know we all have to, uh, get out as early 7 Q. We're here today for your deposition. 7 as we can. But my only request is, if you do want to 8 A. Right. 8 take a break, answer whatever question may be pending 9 Q. Have you ever been deposed before? 9 first. All right? 10 A. No. 10 A. I shall. 11 Q. Okay. So as you're probably aware, it's 11 Q. Okay. Are you under the influence of any 12 essentially a question-and-answer session. I'll be 12 medications or other substances that might impair your 13 asking you a series of questions today. 13 ability to testify truthfully today? 14 Do you understand that you are under oath 14 A. No. 15 and obligated to answer my questions truthfully, to 15 Q. Can you think of any other reason you might 16 the best of your ability? 16 be unable to testify truthfully today? 17 A. Yes. 17 A. No. 18 Q. Okay. The woman sitting between us is a 18 Q. Okay. What did you do to prepare for your 19 court reporter. She'll be taking down everything that 19 deposition? 20 you, I, and your the course of the 20 A. I spoke with counsel this -- attorney say during morning 21 deposition and writing it out into a booklet form 21 Q. Okay. 22 called "the transcript," that we will use in further 22 A. -- briefly. 23 proceedings in this case. 23 Q. And by counsel, you mean Mr. Glatter? 24 In order to make her job a little easier, 24 A. Yes. 25 there are some ground rules I'm going to ask that we 25 Q. Okay. Did you speak with anyone else other A & A Court Reporting 215-829-9300 FILED: WARREN COUNTY CLERK 01/15/2021 04:42 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/15/2021 O'BRIEN, et alvs SAGBOLT, LLC., et al PETTA, MICHAEL Page 10 Page 12 1 (MICHAEL F. PETTA) 1 (MICHAEL F. PETTA) 2 than Mr. Glatter in preparation for your deposition? 2 deposition today? 3 A. Yes. 3 MR. GLATTER: Objection; form. 4 Q. Okay. Who else? 4 A. In person or telephonically? 5 A. Umm, Ananda. I cannot remember his last 5 BY MR. SLOCOM: 6 name. 6 Q. In person. 7 Q. Ananda Chaudhuri? 7 A. Today. 8 A. Yes. 8 Q. Okay. When was the first time you met with 9 Q. Okay. Did you speak with anyone else beside 9 any of your attorneys telephonicelly, conversed with 10 Mr. Glatter and Mr. Chaudhuri? 10 them telephonically, to prepare for your deposition 11 A. Yes. Umm, there was another counsel on the 11 today? 12 phone call. Uh, Joe, I believe is his first name. 12 A. I do not recall the date. 13 Q. Okay. Joe Moen? 13 Q. Okay. Was it Monday? 14 A. Correct. 14 A. No. 15 Q. Okay. other than your three attorneys, was 15 Q. Okay. You said that you had a conversation 16 there anyone else on what you said was a phone call? 16 with your attorneys Monday. Was that in preparation 17 A. Correct. 17 for your deposition, or was it a separate conversation 18 Q. Okay. All right. When -- you said it was 18 with your attorneys on Monday? 19 this morning. What time this morning? 19 A. The former. 20 A. Met with Josh this morning at approximately, 20 Q. Okay. So it was in preparation for your 21 umm, 8:20. 21 deposition? 22 Q. Okay. Where did you meet? 22 A. That is correct. 23 A. Initially met in the lobby of The Queensbury 23 Q. Okay. Which attorneys did you speak with on 24 Hotel, and then we went to SPoT, a coffee shop, and 24 Monday in preparation for your deposition? 25 sat for approximately a half hour. 25 A. I am not sure. Page 11 Page 13 1 (MICHAEL F. PETTA) 1 (MICHAEL F. PETTA) 2 Q. Okay. Mr. Chaudhuri and Mr. Moen 2 Q. Okay. Did you at any time meet with or 3 participated by telephone? 3 speak with anyone other than your attorneys to prepare 4 A. Correct. And that was on Monday. 4 for your deposition? 5 Q. Okay. So you met with Mr. Glatter more than 5 A. No. If I can go back to the prior question? 6 once? 6 Q. Sure. 7 MR. GLATTER: Objection to form. 7 A. I know that, umm, Ananda was on the call. 8 MR. SLOCOM: I'm trying to 8 At some point, Josh joined the call. I don't recall 9 understand. 9 if Joe was also on the call. 10 MR. GLATTER: Objection. I mean -- 10 Q. Okay. And this was the call on Monday? 11 THE WITNESS: I'm sorry. Could the 11 A. Correct. 12 reporter repeat the question? 12 Q. Okay. Do you recall what time of day on can -- I 13 13 MR. GIATTER: I can clear Monday this call took place? 14 this if you want me to -- 14 A. It was 10:00 a.m. up 15 MR. SLOCOM: Umm -- 15 Q. And how long did the call last? 16 MR. GLATTER: -- compute. 16 A. an hour and 15 minutes. Approximately 17 MR. SLOCOM: Yeah. I'll -- we'll 17 Q. Okay. Where were you when you physically 18 get there. 18 took this call? 19 MR. GLATTER: Okay. 19 A. In my home office. 20 MR. SLOCOM: Yep. 20 Q. Were you on speakerphone? 21 BY MR. SLOCUM: 21 A. I put myself on speakerphone -- 22 Q. All right. Let me -- let me try taking it 22 Q. Okay. 23 back a step. 23 A. -- because I was monitoring screens related 24 When was the first time that you met with 24 to work. 25 any one of your attorneys to prepare for your 25 Q. Okay. Was there anyone in the house who A & A Court Reporting 215-829-9300 FILED: WARREN COUNTY CLERK 01/15/2021 04:42 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/15/2021 O'BRIEN, et alvs SAGBOLT, LLC., et al PETTA, MICHAEL Page 14 Page 16 1 (MICHAEL F. PETTA) 1 (MICHAEL F. PETTA) 2 would have been able to overhear your conversation on 2 Q. Do you recallwhat year itwas? 3 speakerphone? 3 A. 2018. 4 A. No one else was in the house. 4 Q. Do you recall roughly what season of 2018 it 5 Q. Okay. Did you review any documents in 5 was that your mother saw this article? 6 preparation for your deposition today? 6 A. I believe itwas the first quarter. There 7 A. Yes. 7 was only one day that it was smacked at,uh, top 8 Q. Do you recall what documents you reviewed -- 8 headline. 9 MR. GLATTER: Hold on. 9 Q. Okay. other than bringing the article to 10 BY MR. SLOCUM: 10 your attention,did your mother have any other 11 Q. -- you reviewed? 11 conversationswith you about the lawsuit? 12 MR. GIATTER: Hold on. I'm going 12 A. No. 13 to -- to the extent that that question 13 Q. Have you had any conversations with your 14 would require you to disclose any 14 mother since she brought thisarticle to your 15 documents that I showed to you, I would 15 attention about your lawsuitor the allegations you're 16 instruct you not to answer under the 16 bringing againstThe Sagamore? 17 selection and compilation doctrine of 17 A. Not any substantive conversations, no. 18 the work product, uh -- of uh, work 18 Q. Okay. What do you mean by "not substantive the, 19 product doctrine. 19 conversations"? 20 MR. SLOCUM: Understood. 20 A. There may have been, uh, just passing 21 BY MR. SLOCUM: 21 references thatthe litigation was ongoing. 22 Q. "yes" or "no." 22 Q. More than one passing reference? Umm, simply 23 Do you remember which documents you reviewed 23 A. Yes. 24 in pranaraMan for your deposition? 24 Q. More than five? 25 A. Yes. 25 A. No. Page 15 Page 17 1 (MICHAEL F. PETTA) 1 (MICHAEL F. PETTA) 2 Q. Okay. "yes" or "no." 2 Q. Have you discussed the lawsuitwith anyone Simply 3 To your knowledge, did you review any 3 else in yourfamily? 4 documents that have not been turned over in discovery 4 A. Yes. 5 in this case? 5 Q. Who? 6 A. No. 6 A. My spouse. 7 MR. GLATTER: Objection. 7 Q. What's your spouse's name? 8 Hold on. Objection to fom. 8 A. Joan Amy Lupo-Petta. And that's L-U-P-0, 9 You can answer. 9 hyphenated. 10 A. No. 10 Q. The hyphen between the Lupo and Petta or -- 11 BY MR. SLOCUM: 11 A. Correct. 12 Q. Okay. How did you come to retain Ananda 12 Q. Okay. How long have you been married? 13 Chaudhuri to represent you in this case? 13 A. I've been married for 19 years. 14 A. My mother advised me that she saw the 14 Q. And what have you and your wife discussed as 15 existence of this lawsuit on the front full -- front 15 it relates to your lawsuit against The Sagamore? 16 page of the Post-Star. 16 MR. GLATTER: Hold on. 17 Q. Okay. 17 I'm going to have to instruct him 18 A. And having known that I worked there for a 18 not to answer that on grounds of, umm, 19 few months, she told me about it. And I thereafter 19 spousalprivilege. 20 called counsel, which was listed in the article. 20 BY MR. SLOCOM: 21 Q. Do you recall the date of the, uh, article 21 Q. Are you going to take your lawyer's advice? 22 in the Post-Star? 22 A. Yes. 23 A. No. 23 Q. Was anyone else present during any of your 24 Q. Do you recall what month it was? 24 conversations with your wife about the lawsuit? 25 A. No. 25 A. No. A & A Court Reporting 215-829-9300 FILED: WARREN COUNTY CLERK 01/15/2021 04:42 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/15/2021 O'BRIEN, et alvs SAGBOLT, LLC., et al PETTA, MICHAEL Page 18 Page 20 1 (MICHAEL F. PETTA) 1 (MICHAEL F. PETTA) 2 Q. Have you discussed the lawsuit with any 2 MR. SLOCUM: Yeah. 3 other members of your family? 3 VIDEOGRAPHER: We're stopping 4 A. No. 4 filming. The time is approximately 5 Q. Have you discussed the lawsuit with any of 5 9:29. (Pause) 6 your friends? 6 VIDEOGRAPHER: We're resuming 7 A. No. 7 filming. We're back on the record. The 8 Q. Have you discussed your lawsuit with any of 8 time is approximately 9:31. 9 your co-workers? 9 BY MR. SIOCOM: 10 MR. GIATTER: Objection to form. 10 Q. Have you spent any money out of pocket on 11 You can answer. 11 your lawsuit thus far? 12 BY MR. SLOCOM: 12 A. No. Other than the cost of the gasoline to 13 Q. You can answer. 13 drive from Stillwater to here today. 14 A. I mentioned that today I would not be at 14 Q. Okay. Sitting here today, do you have any 15 work because I was attending a deposition. I did not 15 present intention or expectation that you will need to 16 disclose any further details. 16 pay any money out of pocket for your lawsuit? 17 Q. Okay. Who did you mention that to? I 17 A. No. 18 A. a colleague of mine. 18 MR. GIATTER: Objec -- sorry. Uh, 19 Q. So let's go back to the article thatyour 19 Objection to form; vague. 20 mother saw in the Post-Star. You said that you called 20 Go ahead. 21 Mr. Chaudhuri as he was listed in the article? 21 A. No. I have no expectation of being out of 22 A. That's my recollection. 22 pocket. 23 Q. Okay. 23 BY MR. SIDCOM: 24 A. The article named counsel. I thereafter 24 Q. What is your understanding as to the nature 25 simply Googled whomever that was, whether it was 25 of the claims that you are advancing against The Page 19 Page 21 1 (MICHAEL F. PETTA) 1 (MICHAEL F. PETTA) 2 Mr. Moen or Ananda and called -- 2 Sagamore? 3 Q. Okay. 3 A. My understanding of the nature of the claims 4 A. -- their office and left a voicemail. 4 is that The Sagamore wrongfully withheld, uh, what 5 Q. Okay . 5 should have been characterized as gratuities and 6 A. And they thereafter returned the call. 6 instead were characterized as service charges, that 7 Q. Have you signed any written retainer 7 management retained. 8 agreements with Mr. Chaudhuri's law firm? 8 Q. Do you have any information as to the 9 A. Yes. Electronically. 9 amounts of the service charges you claim was 10 Q. Have you signed any written retainer 10 wrongfully retained? 11 agreements with Mr. Moen's law firm? 11 MR. GIATTER: Hold on. Umm, you -- was under 12 I will allow to you answer that ques- 12 A. It my recollection that they were 13 together, that the retainer agreement encompassed both 13 tion to the extent that you have an 14 of them. That was my recollection, that I signed 14 independent knowledge or -- in only 15 one retainer. 15 connection with Mr. Slocum's question. 16 Q. Okay. Have you signed a written retainer 16 To the extent answering that 17 agreement with, uh, Mr. Glatter's law firm? 17 question would require you to, uh, 18 A. Yes. 18 disclose communications you had with any 19 Q. And is that a separate retainer from the ane 19 of your lawyers, then you should not 20 you signed with Mr. Chaudhuri's and Mr. Moen's law 20 disclose those communications. And I'm 21 firms? 21 sure Mr. Slocum agrees with me. 22 A. That is correct. Yes, it was. 22 A. I do not have any independent knowledge 23 Q. Okay. Have you -- 23 prior to the litigation. 24 MR. GIATTER: Can you -- 24 BY MR. SLOCOM: 25 Just off the record for a minute. 25 Q. Do you have a belief as to what you think A & A Court Reporting 215-829-9300 FILED: WARREN COUNTY CLERK 01/15/2021 04:42 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/15/2021 O'BRIEN, et alvs SAGBOLT, LLC., et al PETTA, MICHAEL Page 22 Page 24 1 (MICHAEL F. PETTA) 1 (MICHAEL F. PETTA) 2 The Sagamore owes you in connection with your claims? 2 enrolled agents, CPAs, and tax attorneys in their 3 MR. GLATTER: Objection to form. 3 consumer group having to do with TurboTax Live. 4 You can answer. 4 Q. How long have you had that position? 5 A. I do not have knowledge as to -- if 5 A. Since December 10th, uh, 2018. any 6 you're referring to a dollar amount, no. 6 Q. You graduated from law school? 7 BY MR. SIOCOM: 7 A. Yes, I did. 8 Q. Okay. What's your understanding of your 8 Q. Where did you graduate from? 9 role and responsibilities as a lead Plaintiff in a , 9 A. Pace University of White Plains. 10 punitive class action? 10 Q. When did you graduate? 11 A. My understanding is to, uh, represent other 11 A. June 11th, 1989. 12 Plaintiffs situated and to litigate on their : 12 Q. Have you pursued any education beyond your similarly 13 behalf and to ensure that, umm, everyone involved 13 JD? 14 receives their pro rataportion of any settlement or 14 A. No. 15 judgment. 15 Q. You were employed at The Sagamore as a 16 Q. How often have you met with your attorneys 16 banquet server from -- May 2007 until August I'm 17 throughout the course of this litigation? 17 sorzy, May 2017 until August 2017; is that correct? 18 which -- me back 18 A. A. Telephonically, umm, let Well, Memorial Day was the day I actually 19 up, My only, uh, quote, meetings were telephonically. 19 showed up to apply. So that's a Monday. I ultimately 20 I do not know the exact number. 20 interviewed on Wednesday, went to orientation on 21 Q. Okay. More than five times have you spoken . 21 Thursday, started shortly thereafter. ' 22 with your attorneys during the course of this 22 So I believe that would put us into the 23 litigation? 23 beginning of June. And I worked for approximately two 24 A. I believe it would be, umm, around five 24 months. I do not recall if that flowed into August or 25 times. I do not know exactly. 25 the end of July. Page 23 Page 25 1 (MICHAEL F. PETTA) 1 (MICHAEL F. PETTA) 2 Q. Okay. Prior to speakingwith your attorneys 2 Q. Okay. 3 Monday in preparation for your deposition today,when 3 A. But two months, approximately. 4 was the last time before that thatyou had spoken with 4 Q. Have you ever worked as a banquet server or 5 your attorneys about your lawsuit? 5 bartender at any other establishment besides The 6 A. I don'tknow exactly. 6 Sagamore? 7 Q. More than six months ago? 7 A. Yes. 8 A. No. Less than. 8 Q. Where else have you worked as a banquet 9 Q. Okay. Just to close the loop on it. Have 9 server? 10 you com--icated in any way, whether verbally, in 10 A. As a banquet server per se, uh, Tarrytown 11 writing, textsengas, e-mails, posts on Facebook, 11 House in Tarrytown, New York, primarily. 12 any sort of counniumination withanyone other than your 12 Q. Okay. Anywhere else? 13 attorneys,your mother, or your wife about your 13 A. Yes. Umm, an entity called the Mid-Hudson 14 lawsuit or your claims againstThe Sagamore? 14 Valley Conference Center, which was previously a huge 15 A. No. 15 IBM complex. 16 Q. Okay. Are you currently employed? 16 Q. Okay. Anywhere else? 17 A. Yes. 17 A. At this time, that's all I recall. 18 Q. Where do you work? 18 Q. Okay. Have you worked at any other 19 A. I work for Intuit,and I work at home, a 19 establishments as a bartender rather than a banquet 20 remote position,as they are based out of 20 server? 21 Mountain View, California. 21 A. Yes. 22 Q. What's your position with Intuit? 22 Q. Okay. Where have you worked as a bartender? 23 A. I'm a tax attorney,and I serve in a lead 23 A. At Peabody's, which is in Saratoga Springs, 24 role overseeinga team of other credentialedtax 24 New York. 25 experts,which include enrolled agements [sic] -- 25 Q. Okay. Anywhere else? A & A Court Reporting 215-829-9300 FILED: WARREN COUNTY CLERK 01/15/2021 04:42 PM INDEX NO. EF2018-65232 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 01/15/2021 O'BRIEN, et alvs SAGBOLT, LLC., et al