Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 07/10/2023
EXHIBIT 55
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 07/10/2023
1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 1
2 IN AND FOR THE COUNTY OF ALAMEDA 2 I N D E X
3 ---o0o--- PAGE
4 FRANCES COIT, 3
EXAMINATION BY MR. RIVAMONTE 12
5 Plaintiff,
4
6 Vs. Case No. 22CV010805
5
7 AVON PRODUCTS, INC., et al.,
6
8 Defendants.
7
9 ____________________________/
8
10 9
11 10
12 11
13 VIDEOTAPED VIRTUAL ZOOM DEPOSITION OF BOHDAN PRYBYLA, 12
14 COR/PMQ OF CHARLES B. CHRYSTAL COMPANY 13
15 14
15
16
16
17 Taken before CLAUDIA J. KNAP
17
18 CSR No. 6099
18
19 October 26, 2022
19
20
20
21
21
22 22
23 23
24 24
25 25
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1 1
2 E X H I B I T S E X H I B I T S
3 DEFENDANTS' PAGE 2 PLAINTIFF'S PAGE
4 Exhibit A Defendant Charles B. Chrystal 11 3 Exhibit 10 Charles B. Chrystal Company, 68
Company’s Objection to Inc.'s Responses to Plaintiff's
5 Plaintiff's Notice of Deposition 4 Standard Interrogatories
Of Charles B. Chrystal Company
(Set One)
6 And Request for Production of
5
Documents
7 Exhibit 11 First Amended Complaint for 135
PLAINTIFF'S 6 Personal Injuries
8 Demand for Jury Trial
Exhibit 1 Plaintiff’s Notice of Deposition 11 7
9 And Notice of Intent to Exhibit 12 Page from Charles B. Chrystal's 140
Videotape the Deposition of 8 Website
10 Defendant Charles B. Chrystal 9 Exhibit 13 CTFA 1977 Document Produced 159
Company, Inc.’s Custodian(s) of By Whittaker, Clark & Daniels
11 Records and Person(s) Most 10 In 1978
Qualified 11 Exhibit 14 Affidavit Signed by Mr. Schnur 165
12 March 16, 2017
Exhibit 2 Scheduling Letter Dated 11 12
13 October 7, 2022 to All Defense Exhibit 15 Letter dated April 4, 1990 166
Counsel from Kazan, McClain,
13 From Charles B. Chrystal
14 Et al.
15 Exhibit 3 Bohdan Prybyla's Bio from the 29
Company, Mr. Schnur to
Synergy Brokers' Website 14 Avon Products
16 15 Exhibit 16 Letter dated August 14, 1991 173
Exhibit 4 Pages from the Synergy Website, 31 From Mr. Schnur to
17 First Page Entitled, "Importer and 16 Beatrice Bennett at Avon
Distributor – Sold" 17 Exhibit 17 Letter dated January 22, 1992 176
18 From Mr. Schnur to Vince Reardon
Exhibit 5 Defendant Charles B. Chrystal 44 18 Of Avon
19 Company’s Response to Plaintiff's 19 Exhibit 18 Letter dated July 30, 1992 178
Standard (Dieden) Interrogatories From Mr. Schnur to
20 20 Beatrice Bennett of Avon
Exhibit 6 Electronic Customer Cards Bates 56 21 Exhibit 19 Three-page Avon Document, First 181
21 Stamp Coit 50 through Coit 77 Page Bates Stamped AV-Coit 20
22 Exhibit 7 Customer Sales Cards Bates 59
22
Stamp Coit 7 through Coit 49
Exhibit 20 Avon Product Specification for 185
23
Exhibit 8 Documents Bates Stamp Coit 1 59 23 Osmanthus Talc dated 1993
24 Through Coit 6 24 Exhibit 21 Avon Product Specification dated 188
25 Exhibit 9 Handwritten Document with 60 1994
The Title of "Osmantis" 25
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NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 07/10/2023
1 E X H I B I T S 1 VIDEOTAPED VIRTUAL ZOOM DEPOSITION OF BOHDAN PRYBYLA,
2 PLAINTIFF'S PAGE 2 COR/PMQ OF CHARLES B. CHRYSTAL COMPANY
3 Exhibit 22 Avon Product Specification 189 3
Dated 1996 4 BE IT REMEMBERED, that pursuant to Notice, and on
4 5 the 26th day of October 2022, commencing at the hour of
Exhibit 23 Avon Product Specification 193 6 11:01 a.m., before me, CLAUDIA J. KNAP, a Certified
5 Dated 1997 7 Shorthand Reporter, personally appeared BOHDAN PRYBYLA,
6 Exhibit 24 Avon Product Specification 195 8 COR/PMQ OF CHARLES B. CHRYSTAL COMPANY, produced as a
Dated 1998 9 witness in said action, and being by me first duly
7 10 sworn, was thereupon examined as a witness in said
Exhibit 25 Avon Product Specification 196 11 cause.
8 Dated 1999 12
9 13 ---oOo---
10 14 APPEARANCES
11 15 For the Plaintiff:
12 16 IAN RIVAMONTE, ESQ.
13 (Via Virtual Zoom)
14 17 Kazan, McClain, Satterley & Greenwood
15 Jack London Market
16 18 55 Harrison Street, Suite 400
17 Oakland, California 94607
18 19 (510) 302-1000
19 Irivamonte@kazanlaw.com
20 20
21 21
22 22
23 23
24 24
25 25
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1 For the Defendants CVS Pharmacy, Inc.; Longs Drug 1 ALSO PRESENT: Jennifer McKay, Videographer.
Stores California, L.L.C., on behalf of Longs Drug
2 Stores California, Inc. (Erroneously sued as Longs Drug Susie Valinis, Julia Nolan.
Stores California, L.L.C., individually, as alter-ego
2
3 of, and as successor-in-interest to Longs Drug Stores
California, Inc.); Lucky Stores (Save Mart) LLC f/k/a 3
4 Lucky Stores, Inc. (Erroneously sued as Lucky Stores,
Inc.); and Safeway, Inc.: 4
5
NOUSHAN NOUREDDINI, ESQ. 5
6 (Via Virtual Zoom) 6
Barnes & Thornburg LLP
7 2029 Century Park East, Suite 300 7
Los Angeles, California 90067
8 (310) 284-3766 | 8
Nnoureddini@btlaw.com 9
9
10 For the Defendant Whittaker, Clark & Daniels, Inc.: 10
11 JENNIFER C. RASMUSSEN, ESQ.
(Via Virtual Zoom) 11
12 Demler Armstrong & Rowland, LLP
12
101 Montgomery Street, Suite 1800
13 San Francisco, California 94104 13
(415) 949-1900
14 Ras@darlaw.com 14
15
For the Defendant Avon Products, Inc.: 15
16 16
KIMBERLY L. RIVERA, ESQ.
17 (Via Virtual Zoom) 17
Foley & Mansfield, PLLP
18 181 West Huntington Drive, Suite 210 18
Monrovia, California 91016
19
19 (213) 283-2159
Krivera@foleymansfield.com 20
20
21 For the Defendant Charles B. Chrystal Company: 21
22 EDWARD R. HUGO, ESQ.
(Via Virtual Zoom)
22
23 Hugo Parker, LLP 23
240 Stockton Street, 8th Floor
24 San Francisco, California 94108 24
(415) 808-0300
25 Ehugo@hugoparker.com 25
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NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 07/10/2023
1 THE VIDEOGRAPHER: Good morning. We are on 1 Noushan Noureddini on behalf of defendants
2 the record at 11:01 on August (sic) 26th, 2022. 2 Safeway, Inc., Lucky Stores, Save Mart, LLC, CVS
3 This is the PMQ deposition of Charles B. 3 Pharmacy, Inc., and Longs Drugstores, California, LLC
4 Chrystal represented by Bohdan Prybyla in the matter of 4 on behalf of Longs Drugs Stores, California, Inc.
5 Coit vs. Avon Products, et al., filed in the Superior 11:01:44 5 MS. VALINIS: Good afternoon. Susie Valinis 11:02:54
6 Court in the State of California, County of Alameda, 6 and Julia Nolan on behalf of Charles B. Chrystal as
7 Case Number is 22CV010805. 7 well.
8 This deposition is being conducted remotely 8 MR. HUGO: They are going to be also present as
9 using virtual technology. 9 opposed to making appearances as attorneys for the
10 My name is Jennifer McKay representing 11:02:02 10 record. 11:03:09
11 Veritext and I'm the videographer. 11 THE VIDEOGRAPHER: All right. I think that was
12 The court reporter is Claudia Knap, also from 12 everyone.
13 Veritext. 13 Will you please swear in the witness?
14 Counsel, please introduce yourselves and state 14 BOHDAN PRYBYLA,
15 whom you represent. 11:02:13 15 sworn as a witness,
16 MR. RIVAMONTE: Good morning. Ian Rivamonte 16 testified as follows:
17 for plaintiff Frances Coit. 17 THE REPORTER: Jennifer, you said the date was
18 MR. HUGO: Edward Hugo for Charles B. Chrystal 18 August.
19 Company. 19 THE VIDEOGRAPHER: October 26th, 2022. I'm
20 MS. RIVERA: Good morning. Kimberly Rivera 11:02:28 20 just having a day.
21 for Avon Products, Inc. 21 MR. RIVAMONTE: Before I start, I would like
22 MS. RASMUSSEN: Good morning. 22 to do some housekeeping.
23 Jennifer Rasmussen for defendant Whittaker 23 I would like to pre-mark as Exhibit 1
24 Clark & Daniels. 24 Plaintiff's Notice of Deposition of Charles B.
25 MS. NOUREDDINI: Good morning. 11:02:41 25 Chrystal's Company Person Most Qualified and Custodian 11:03:54
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1 of Records. 1 The time is 11:06.
2 Exhibit 2 will be the scheduling letter 2 EXAMINATION BY MR. RIVAMONTE:
3 stating that this deposition is going forward today. 3 Q. Good morning, sir, from where I am, and good
4 Miss Knap, I will e-mail you these documents 4 afternoon from where you are.
5 when the deposition is concluded. 11:04:08 5 Can you please state your name for the record? 11:06:29
6 (Plaintiff's Exhibits Nos. 1 and 2 marked for 6 A. Bohdan Prybyla, B-O-H-D-A-N, last name P, as in
7 Identification.) 7 Peter, R-Y-B, as in boy, Y-L-A.
8 MR. HUGO: Edward Hugo for Charles B. Chrystal. 8 Q. Mr. Prybyla, my name is Ian Rivamonte.
9 I'll mark as Defense Exhibit A Charles B. 9 We have never met before; correct?
10 Chrystal's objections to the deposition notice. 11:04:20 10 A. Correct. 11:06:48
11 (Defendants' Exhibit A marked for 11 Q. All right.
12 Identification.) 12 I represent -- as I said moments ago, I
13 MR. HUGO: Thank you. 13 represent plaintiff Frances Coit.
14 MS. VALINIS: This is Susie Valinis. 14 Do you know Miss Coit?
15 Ian, we are having a hard time hearing you on 11:04:30 15 A. No, I do not. 11:06:59
16 this end. 16 Q. Where are you presently located, sir?
17 Ed just came in loud and clear as everyone 17 A. I am in Philadelphia, Pennsylvania.
18 else. 18 Q. Is that where you reside?
19 I'm not sure if you're on speaker or -- 19 A. No.
20 MR. RIVAMONTE: All right. Let's go off the 11:04:44 20 Q. Where exactly in Philadelphia are you? What I 11:07:18
21 record so I can fix the issue. 21 mean by that, is it a law firm, business center? Where
22 THE VIDEOGRAPHER: Off the record. 22 are you in Philadelphia?
23 The time is 11:04. 23 A. I'm in a law firm.
24 (Break taken from 11:04 to 11:06.) 24 Q. And whose law firm is that?
25 THE VIDEOGRAPHER: Back on the record. 11:06:19 25 A. What's -- 11:07:33
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1 Edward, what is the correct name of this law 1 A. That is correct.
2 firm? 2 Q. Anyone else with you in the room?
3 Reilly -- oh, I can't remember the name of the 3 A. No.
4 law firm. Shoot. 4 Q. Do you have any documents in front of you,
5 Q. Regardless, Mr. Prybyla, are they counsel for 11:07:48 5 Mr. Prybyla? 11:09:22
6 Charles B. Chrystal & Company? 6 A. Yes, I do.
7 A. Yes, they are counsel for Charles B. Chrystal. 7 Q. What documents do you have in front of you?
8 Q. Is there anyone in the room with you? 8 A. A deposition from Peter Schnur, June 18th,
9 A. Yes. 9 2015.
10 Q. Who is in the room with you? 11:08:07 10 Deposition of Peter Schnur, Tuesday, December 11:09:50
11 A. Susie Valinis and Julia Nolan. 11 1st, 2015.
12 Q. And who is Miss Valinis? 12 One deposition was in New York and the other
13 A. An attorney that represents Charles B. 13 one was in Los Angeles.
14 Chrystal. 14 Q. Do you have any other documents?
15 Q. And the other individual, who is that? 11:08:30 15 A. I have a list of clients that have not been 11:10:11
16 A. Julia Nolan, who is also counsel for C.B. 16 sold Osmanthus talc.
17 Chrystal. 17 I have Frances Coit, Plaintiff Notice of
18 MR. RIVAMONTE: Miss Valinis and Miss Nolan, I 18 Deposition.
19 would like -- can you please turn on your video camera 19 I have Avon sales records cards.
20 so I can see where you guys are, if you are with the 11:08:42 20 Documentation pertaining to sales of Osmanthus 11:10:35
21 witness? 21 talc to Avon.
22 Thank you. 22 Communication from Richard Baker Harrison
23 BY MR. RIVAMONTE: 23 referencing testing of Osmanthus talc as well as sales
24 Q. So Miss Valinis and Miss Nolan are with you in 24 history of Osmanthus talc to Avon from 1993 to 1997.
25 the same room; is that right? 11:09:06 25 MR. RIVAMONTE: Counsel for Charles B. Chrystal 11:11:16
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1 Company, I do not have the documents that Mr. Prybyla 1 MS. NOUREDDINI: It's
2 mentioned, with the exception of the two deposition 2 N-N-O-U-R-E-D-D-I-N-I@btlaw.com.
3 transcripts of Mr. Schnur and the Notice of Deposition. 3 MS. RASMUSSEN: And Jennifer Rasmussen for
4 Have those been produced? 4 Whitaker Clark would like it as well.
5 MR. HUGO: I don't know whether they've been 11:11:33 5 My e-mail is RAS, as in Sam, at D-A-Rlaw.com. 11:12:57
6 produced. I can e-mail them to you. 6 MR. HUGO: R-A-S?
7 MR. RIVAMONTE: Yes. They have not been 7 MS. RASMUSSEN: Yes.
8 produced. 8 MR. HUGO: That's it?
9 Mr. Hugo, could you please e-mail them to me? 9 MS. RASMUSSEN: Yes. @D-A-Rlaw.com.
10 MR. HUGO: Yes. Give me your e-mail address. 11:11:44 10 Thank you. 11:13:07
11 MR. RIVAMONTE: Sure. It's I-R-I-V, as in 11 BY MR. RIVAMONTE:
12 Victor, A-M, as in Mary, O-N, Nancy, T, as in Tom, 12 Q. Mr. Prybyla, do you have any other documents in
13 E@kazanlaw.com. 13 front of you other than the ones that you just listed?
14 MS. RIVERA: Excuse me. It's Kimberly Rivera 14 A. No, I do not.
15 from Avon. 11:12:03 15 Q. The documents that you have in front of you, 11:13:27
16 Can you also e-mail them to me? 16 are they hard copy form or electronic form?
17 MR. HUGO: Give me your e-mail address. 17 A. Hard copy form.
18 MS. RIVERA: Krivera@foleymansfield.com. 18 Q. Do you have a laptop in front of you?
19 MS. NOUREDDINI: Can I receive the documents, 19 A. Yes, I do.
20 too? I can add my e-mail to the chat. 11:12:21 20 Q. The documents that you just listed, are those 11:13:39
21 MR. HUGO: Just tell it to me while I'm writing 21 also available in your laptop?
22 it down. 22 A. No, they are not.
23 MS. NOUREDDINI: Okay. It's 23 Q. Once I receive those from Mr. Hugo, we'll go
24 Nnoureddini@btlaw.com. 24 over them later on in this deposition.
25 MR. HUGO: Spell, please. 11:12:31 25 Mr. Prybyla, have you ever been deposed before? 11:14:01
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1 A. No. 1 or any uh-huh's or huh-huh's.
2 Q. Have you testified in court before? 2 Do you understand that?
3 A. No. 3 A. Yes, I do understand that.
4 Q. Have you ever been a party in a lawsuit, 4 Q. Thank you very much.
5 whether plaintiff or defendant? 11:14:19 5 On occasion I may ask you a question that, you 11:15:22
6 A. No. 6 know, for one reason or another I might not state it
7 Q. Mr. Prybyla, since this is your first time 7 very well or maybe you don't understand it.
8 being deposed, I'm going to go through some 8 If for any reason --
9 instructions, what we call admonitions. 9 A. Your voice is cutting out.
10 These are just some ground rules for today's 11:14:35 10 Q. Okay. 11:15:40
11 deposition; okay? 11 So during this deposition there may be
12 A. Okay. 12 instances where you don't hear my question well or
13 Q. So Mr. Prybyla, you are under oath as if you 13 don't understand it.
14 were in a court of law. Although we are in this 14 If that's the case, please say so and I will
15 informal setting through Zoom, it's important that you 11:14:49 15 either restate the question or have the court reporter 11:15:48
16 tell the truth. 16 read it back to you.
17 Do you understand that? 17 Otherwise, if you don't say anything, I will
18 A. Yes, I do. 18 assume that you understood my question.
19 Q. I will ask you questions and then the court 19 Is that fair?
20 reporter will record my questions and then your 11:15:01 20 A. That's fair. 11:16:00
21 answers. 21 Q. If you need a break at any time and for any
22 You need to speak up and answer orally so that 22 reason, you should tell me and your attorney and we'll
23 the court reporter can record your answers. 23 take a break.
24 You understand that the court reporter will not 24 But I only request if we're in the middle of a
25 be able to record any hand gestures, a nod or a shake 11:15:10 25 question, please answer the question first and then 11:16:13
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1 we'll take a break. 1 Q. Sure.
2 Is that okay? 2 Do you have any prior existing conditions that
3 A. Understood. Okay. 3 may render you unable to answer my questions fully and
4 Q. And finally, once we're done here today, the 4 accurately today?
5 court reporter will type up everything that everyone 11:16:23 5 A. Not that I am aware of. 11:17:36
6 has said and you will have an opportunity to review 6 Q. Is there any other reason why you may be unable
7 that. 7 to answer my questions today?
8 You can make any changes if you wish, but 8 A. No.
9 please note that if you make any substantive changes to 9 Q. Do you understand, sir, that you are testifying
10 your deposition, for example, if you change a "yes" 11:16:36 10 on behalf of Charles B. Chrystal Company? 11:17:55
11 answer to a "no" or vice versa, that could be commented 11 A. Yes, I do understand.
12 upon in court if this matter goes to trial. 12 Q. Do you also understand that your testimony
13 Do you understand that? 13 today is binding on Charles B. Chrystal Company?
14 A. Yes. 14 MR. HUGO: Objection. Calls for legal opinion.
15 Q. Mr. Prybyla, do you have any -- have you taken 11:16:58 15 You can answer. 11:18:08
16 any -- let me rephrase that. 16 THE WITNESS: Can you repeat the question?
17 Have you taken any medications in the last 24 17 BY MR. RIVAMONTE:
18 hours that may affect your testimony today? 18 Q. Sure.
19 A. No. 19 Do you understand that your testimony today is
20 Q. Have you taken any other substance in the last 11:17:05 20 binding on Charles B. Chrystal Company? 11:18:19
21 24 hours that may hinder your testimony today? 21 MR. HUGO: Lacks foundation. Calls for a legal
22 A. No. 22 opinion.
23 Q. Do you have any prior existing conditions that 23 You can answer.
24 may affect your testimony today? 24 THE WITNESS: Okay.
25 A. Can you repeat the question? 11:17:21 25 BY MR. RIVAMONTE: 11:18:34
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1 Q. Do you have an answer, sir? 1 A. Syracuse, New York.
2 A. Yes. 2 Q. Can you please state the city and state of your
3 Q. So you do understand it's binding; correct? 3 current residence?
4 A. Correct. 4 A. Prospect, Connecticut.
5 MR. HUGO: Same objection. 11:18:43 5 Q. And how long have you lived in Prospect, 11:20:14
6 BY MR. RIVAMONTE: 6 Connecticut?
7 Q. Mr. Prybyla, I may refer to Charles B. Chrystal 7 A. About four years.
8 Company today as either "CBC" or "Chrystal." 8 Q. And what is the highest level of education that
9 If I ever say "CBC" or "Chrystal," I'm 9 you have obtained?
10 referring to the defendant Charles B. Chrystal Company. 11:19:05 10 A. MBA in Global Business Management. 11:20:24
11 Is that okay with you? 11 Q. And you --
12 A. That's acceptable. 12 A. You bleeped out.
13 Q. Are you testifying today as the Person Most 13 What was that question, please?
14 Qualified for CBC? 14 Q. Sure.
15 A. At this point, I am. Yes. 11:19:20 15 From what school did you obtain your MBA? 11:20:40
16 Q. Are you also testifying as the Custodian of 16 A. University of Phoenix online campus.
17 Records for CBC? 17 Q. Do you have any other degrees?
18 A. At this point, yes. 18 A. Yes.
19 Q. Sir, I'm going to ask you some background 19 Q. And what are they?
20 questions. 11:19:38 20 A. An Associate in Natural Resource Conservation 11:20:54
21 Are you ready? 21 and a Bachelors of Science in Marketing.
22 A. Yes. 22 Q. Where did you obtain your BS?
23 Q. What is your date of birth? 23 A. BS was at SUNY, Oswego, New York.
24 A. 1-13-1965. 24 Q. How about your Associates degree?
25 Q. And where were you born? 11:19:50 25 A. SUNY in Morrisville, New York. 11:21:18
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1 Q. Are you currently an employee of CBC? 1 A. I was a business broker that Peter Schnur hired
2 A. Yes, I am. 2 to sell Charles B. Chrystal Company.
3 Q. And what is your current position? 3 Q. So were you an employee of CBC when you were a
4 A. Owner/operator. 4 business associate with Mr. Schnur?
5 Q. And how long have you been the owner and 11:21:40 5 A. No. I'm an independent contractor as a senior 11:23:32
6 operator of CBC? 6 business broker with Synergy Business Brokers.
7 A. March of 2019. 7 Q. And so what did you do between the time that
8 Q. And what are your duties as the owner and 8 you were a business associate from 2015 to around 2016
9 operator of Chrystal? 9 to become an owner and operator of CBC in 2019?
10 A. Financial activities, inventory management, 11:22:04 10 A. In 2016 I facilitated the sale of a majority of 11:24:03
11 order entry, customer communications, sales, marketing. 11 C.B. Chrystal to a different company that sold other
12 Q. Anything else? 12 materials such as pumice, bauxite, various other
13 A. I'm the full-time owner. 13 minerals. Everything but the talc business.
14 Q. And just for the record, Chrystal is spelled 14 Q. And what was the name of that company that CBC
15 C-H-R-Y-S-T-A-L. 11:22:30 15 sold its business to other than the talc part of the 11:24:37
16 A. That is correct. 16 enterprise?
17 Q. Mr. Prybyla, how did you become the owner and 17 A. There were three -- the company was divided
18 operator of Charles B. Chrystal? 18 into three divisions.
19 A. The business associate with Peter Schnur, the 19 One was SICIT, USA, which was sold to SICIT out
20 former president of the company. 11:22:49 20 of Italy. 11:24:52
21 Q. And when did you become a business associate 21 They are primarily a retarder producer.
22 with Mr. Schnur? 22 The second company was sold to -- I don't know
23 A. Somewhere in 2015 or 2016. 23 the holding company but the new name of that company is
24 Q. And what were your duties as the business 24 C.B. Minerals and they primarily deal with gypsum,
25 associate? 11:23:11 25 pumice, all sorts of nonmetal, nonferrous minerals. 11:25:12
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1 And the last piece of the business was C.B. 1 Q. How about the other two businesses of C.B.
2 Chrystal, which I ended up acquiring from Peter in 2 Chrystal, the one that was sold to SICIT and the other
3 March of 2019. 3 to C.B. Minerals? Were those stock transactions as
4 Q. So was Mr. Schnur operating C.B. Chrystal 4 well or was --
5 between 2016 and 2019? 11:25:44 5 A. I was not involved as legal counsel for either 11:27:22
6 A. Correct.
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FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 07/10/2023 EXHIBIT 55 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 07/10/2023 1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 1 2 IN AND FOR THE COUNTY OF ALAMEDA 2 I N D E X 3 ---o0o--- PAGE 4 FRANCES COIT, 3 EXAMINATION BY MR. RIVAMONTE 12 5 Plaintiff, 4 6 Vs. Case No. 22CV010805 5 7 AVON PRODUCTS, INC., et al., 6 8 Defendants. 7 9 ____________________________/ 8 10 9 11 10 12 11 13 VIDEOTAPED VIRTUAL ZOOM DEPOSITION OF BOHDAN PRYBYLA, 12 14 COR/PMQ OF CHARLES B. CHRYSTAL COMPANY 13 15 14 15 16 16 17 Taken before CLAUDIA J. KNAP 17 18 CSR No. 6099 18 19 October 26, 2022 19 20 20 21 21 22 22 23 23 24 24 25 25 Page 1 Page 2 Aiken Welch, A Veritext Company Aiken Welch, A Veritext Company 510-451-1580 510-451-1580 1 1 2 E X H I B I T S E X H I B I T S 3 DEFENDANTS' PAGE 2 PLAINTIFF'S PAGE 4 Exhibit A Defendant Charles B. Chrystal 11 3 Exhibit 10 Charles B. Chrystal Company, 68 Company’s Objection to Inc.'s Responses to Plaintiff's 5 Plaintiff's Notice of Deposition 4 Standard Interrogatories Of Charles B. Chrystal Company (Set One) 6 And Request for Production of 5 Documents 7 Exhibit 11 First Amended Complaint for 135 PLAINTIFF'S 6 Personal Injuries 8 Demand for Jury Trial Exhibit 1 Plaintiff’s Notice of Deposition 11 7 9 And Notice of Intent to Exhibit 12 Page from Charles B. Chrystal's 140 Videotape the Deposition of 8 Website 10 Defendant Charles B. Chrystal 9 Exhibit 13 CTFA 1977 Document Produced 159 Company, Inc.’s Custodian(s) of By Whittaker, Clark & Daniels 11 Records and Person(s) Most 10 In 1978 Qualified 11 Exhibit 14 Affidavit Signed by Mr. Schnur 165 12 March 16, 2017 Exhibit 2 Scheduling Letter Dated 11 12 13 October 7, 2022 to All Defense Exhibit 15 Letter dated April 4, 1990 166 Counsel from Kazan, McClain, 13 From Charles B. Chrystal 14 Et al. 15 Exhibit 3 Bohdan Prybyla's Bio from the 29 Company, Mr. Schnur to Synergy Brokers' Website 14 Avon Products 16 15 Exhibit 16 Letter dated August 14, 1991 173 Exhibit 4 Pages from the Synergy Website, 31 From Mr. Schnur to 17 First Page Entitled, "Importer and 16 Beatrice Bennett at Avon Distributor – Sold" 17 Exhibit 17 Letter dated January 22, 1992 176 18 From Mr. Schnur to Vince Reardon Exhibit 5 Defendant Charles B. Chrystal 44 18 Of Avon 19 Company’s Response to Plaintiff's 19 Exhibit 18 Letter dated July 30, 1992 178 Standard (Dieden) Interrogatories From Mr. Schnur to 20 20 Beatrice Bennett of Avon Exhibit 6 Electronic Customer Cards Bates 56 21 Exhibit 19 Three-page Avon Document, First 181 21 Stamp Coit 50 through Coit 77 Page Bates Stamped AV-Coit 20 22 Exhibit 7 Customer Sales Cards Bates 59 22 Stamp Coit 7 through Coit 49 Exhibit 20 Avon Product Specification for 185 23 Exhibit 8 Documents Bates Stamp Coit 1 59 23 Osmanthus Talc dated 1993 24 Through Coit 6 24 Exhibit 21 Avon Product Specification dated 188 25 Exhibit 9 Handwritten Document with 60 1994 The Title of "Osmantis" 25 Page 3 Page 4 Aiken Welch, A Veritext Company Aiken Welch, A Veritext Company 510-451-1580 510-451-1580 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 07/10/2023 1 E X H I B I T S 1 VIDEOTAPED VIRTUAL ZOOM DEPOSITION OF BOHDAN PRYBYLA, 2 PLAINTIFF'S PAGE 2 COR/PMQ OF CHARLES B. CHRYSTAL COMPANY 3 Exhibit 22 Avon Product Specification 189 3 Dated 1996 4 BE IT REMEMBERED, that pursuant to Notice, and on 4 5 the 26th day of October 2022, commencing at the hour of Exhibit 23 Avon Product Specification 193 6 11:01 a.m., before me, CLAUDIA J. KNAP, a Certified 5 Dated 1997 7 Shorthand Reporter, personally appeared BOHDAN PRYBYLA, 6 Exhibit 24 Avon Product Specification 195 8 COR/PMQ OF CHARLES B. CHRYSTAL COMPANY, produced as a Dated 1998 9 witness in said action, and being by me first duly 7 10 sworn, was thereupon examined as a witness in said Exhibit 25 Avon Product Specification 196 11 cause. 8 Dated 1999 12 9 13 ---oOo--- 10 14 APPEARANCES 11 15 For the Plaintiff: 12 16 IAN RIVAMONTE, ESQ. 13 (Via Virtual Zoom) 14 17 Kazan, McClain, Satterley & Greenwood 15 Jack London Market 16 18 55 Harrison Street, Suite 400 17 Oakland, California 94607 18 19 (510) 302-1000 19 Irivamonte@kazanlaw.com 20 20 21 21 22 22 23 23 24 24 25 25 Page 5 Page 6 Aiken Welch, A Veritext Company Aiken Welch, A Veritext Company 510-451-1580 510-451-1580 1 For the Defendants CVS Pharmacy, Inc.; Longs Drug 1 ALSO PRESENT: Jennifer McKay, Videographer. Stores California, L.L.C., on behalf of Longs Drug 2 Stores California, Inc. (Erroneously sued as Longs Drug Susie Valinis, Julia Nolan. Stores California, L.L.C., individually, as alter-ego 2 3 of, and as successor-in-interest to Longs Drug Stores California, Inc.); Lucky Stores (Save Mart) LLC f/k/a 3 4 Lucky Stores, Inc. (Erroneously sued as Lucky Stores, Inc.); and Safeway, Inc.: 4 5 NOUSHAN NOUREDDINI, ESQ. 5 6 (Via Virtual Zoom) 6 Barnes & Thornburg LLP 7 2029 Century Park East, Suite 300 7 Los Angeles, California 90067 8 (310) 284-3766 | 8 Nnoureddini@btlaw.com 9 9 10 For the Defendant Whittaker, Clark & Daniels, Inc.: 10 11 JENNIFER C. RASMUSSEN, ESQ. (Via Virtual Zoom) 11 12 Demler Armstrong & Rowland, LLP 12 101 Montgomery Street, Suite 1800 13 San Francisco, California 94104 13 (415) 949-1900 14 Ras@darlaw.com 14 15 For the Defendant Avon Products, Inc.: 15 16 16 KIMBERLY L. RIVERA, ESQ. 17 (Via Virtual Zoom) 17 Foley & Mansfield, PLLP 18 181 West Huntington Drive, Suite 210 18 Monrovia, California 91016 19 19 (213) 283-2159 Krivera@foleymansfield.com 20 20 21 For the Defendant Charles B. Chrystal Company: 21 22 EDWARD R. HUGO, ESQ. (Via Virtual Zoom) 22 23 Hugo Parker, LLP 23 240 Stockton Street, 8th Floor 24 San Francisco, California 94108 24 (415) 808-0300 25 Ehugo@hugoparker.com 25 Page 7 Page 8 Aiken Welch, A Veritext Company Aiken Welch, A Veritext Company 510-451-1580 510-451-1580 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 07/10/2023 1 THE VIDEOGRAPHER: Good morning. We are on 1 Noushan Noureddini on behalf of defendants 2 the record at 11:01 on August (sic) 26th, 2022. 2 Safeway, Inc., Lucky Stores, Save Mart, LLC, CVS 3 This is the PMQ deposition of Charles B. 3 Pharmacy, Inc., and Longs Drugstores, California, LLC 4 Chrystal represented by Bohdan Prybyla in the matter of 4 on behalf of Longs Drugs Stores, California, Inc. 5 Coit vs. Avon Products, et al., filed in the Superior 11:01:44 5 MS. VALINIS: Good afternoon. Susie Valinis 11:02:54 6 Court in the State of California, County of Alameda, 6 and Julia Nolan on behalf of Charles B. Chrystal as 7 Case Number is 22CV010805. 7 well. 8 This deposition is being conducted remotely 8 MR. HUGO: They are going to be also present as 9 using virtual technology. 9 opposed to making appearances as attorneys for the 10 My name is Jennifer McKay representing 11:02:02 10 record. 11:03:09 11 Veritext and I'm the videographer. 11 THE VIDEOGRAPHER: All right. I think that was 12 The court reporter is Claudia Knap, also from 12 everyone. 13 Veritext. 13 Will you please swear in the witness? 14 Counsel, please introduce yourselves and state 14 BOHDAN PRYBYLA, 15 whom you represent. 11:02:13 15 sworn as a witness, 16 MR. RIVAMONTE: Good morning. Ian Rivamonte 16 testified as follows: 17 for plaintiff Frances Coit. 17 THE REPORTER: Jennifer, you said the date was 18 MR. HUGO: Edward Hugo for Charles B. Chrystal 18 August. 19 Company. 19 THE VIDEOGRAPHER: October 26th, 2022. I'm 20 MS. RIVERA: Good morning. Kimberly Rivera 11:02:28 20 just having a day. 21 for Avon Products, Inc. 21 MR. RIVAMONTE: Before I start, I would like 22 MS. RASMUSSEN: Good morning. 22 to do some housekeeping. 23 Jennifer Rasmussen for defendant Whittaker 23 I would like to pre-mark as Exhibit 1 24 Clark & Daniels. 24 Plaintiff's Notice of Deposition of Charles B. 25 MS. NOUREDDINI: Good morning. 11:02:41 25 Chrystal's Company Person Most Qualified and Custodian 11:03:54 Page 9 Page 10 Aiken Welch, A Veritext Company Aiken Welch, A Veritext Company 510-451-1580 510-451-1580 1 of Records. 1 The time is 11:06. 2 Exhibit 2 will be the scheduling letter 2 EXAMINATION BY MR. RIVAMONTE: 3 stating that this deposition is going forward today. 3 Q. Good morning, sir, from where I am, and good 4 Miss Knap, I will e-mail you these documents 4 afternoon from where you are. 5 when the deposition is concluded. 11:04:08 5 Can you please state your name for the record? 11:06:29 6 (Plaintiff's Exhibits Nos. 1 and 2 marked for 6 A. Bohdan Prybyla, B-O-H-D-A-N, last name P, as in 7 Identification.) 7 Peter, R-Y-B, as in boy, Y-L-A. 8 MR. HUGO: Edward Hugo for Charles B. Chrystal. 8 Q. Mr. Prybyla, my name is Ian Rivamonte. 9 I'll mark as Defense Exhibit A Charles B. 9 We have never met before; correct? 10 Chrystal's objections to the deposition notice. 11:04:20 10 A. Correct. 11:06:48 11 (Defendants' Exhibit A marked for 11 Q. All right. 12 Identification.) 12 I represent -- as I said moments ago, I 13 MR. HUGO: Thank you. 13 represent plaintiff Frances Coit. 14 MS. VALINIS: This is Susie Valinis. 14 Do you know Miss Coit? 15 Ian, we are having a hard time hearing you on 11:04:30 15 A. No, I do not. 11:06:59 16 this end. 16 Q. Where are you presently located, sir? 17 Ed just came in loud and clear as everyone 17 A. I am in Philadelphia, Pennsylvania. 18 else. 18 Q. Is that where you reside? 19 I'm not sure if you're on speaker or -- 19 A. No. 20 MR. RIVAMONTE: All right. Let's go off the 11:04:44 20 Q. Where exactly in Philadelphia are you? What I 11:07:18 21 record so I can fix the issue. 21 mean by that, is it a law firm, business center? Where 22 THE VIDEOGRAPHER: Off the record. 22 are you in Philadelphia? 23 The time is 11:04. 23 A. I'm in a law firm. 24 (Break taken from 11:04 to 11:06.) 24 Q. And whose law firm is that? 25 THE VIDEOGRAPHER: Back on the record. 11:06:19 25 A. What's -- 11:07:33 Page 11 Page 12 Aiken Welch, A Veritext Company Aiken Welch, A Veritext Company 510-451-1580 510-451-1580 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 07/10/2023 1 Edward, what is the correct name of this law 1 A. That is correct. 2 firm? 2 Q. Anyone else with you in the room? 3 Reilly -- oh, I can't remember the name of the 3 A. No. 4 law firm. Shoot. 4 Q. Do you have any documents in front of you, 5 Q. Regardless, Mr. Prybyla, are they counsel for 11:07:48 5 Mr. Prybyla? 11:09:22 6 Charles B. Chrystal & Company? 6 A. Yes, I do. 7 A. Yes, they are counsel for Charles B. Chrystal. 7 Q. What documents do you have in front of you? 8 Q. Is there anyone in the room with you? 8 A. A deposition from Peter Schnur, June 18th, 9 A. Yes. 9 2015. 10 Q. Who is in the room with you? 11:08:07 10 Deposition of Peter Schnur, Tuesday, December 11:09:50 11 A. Susie Valinis and Julia Nolan. 11 1st, 2015. 12 Q. And who is Miss Valinis? 12 One deposition was in New York and the other 13 A. An attorney that represents Charles B. 13 one was in Los Angeles. 14 Chrystal. 14 Q. Do you have any other documents? 15 Q. And the other individual, who is that? 11:08:30 15 A. I have a list of clients that have not been 11:10:11 16 A. Julia Nolan, who is also counsel for C.B. 16 sold Osmanthus talc. 17 Chrystal. 17 I have Frances Coit, Plaintiff Notice of 18 MR. RIVAMONTE: Miss Valinis and Miss Nolan, I 18 Deposition. 19 would like -- can you please turn on your video camera 19 I have Avon sales records cards. 20 so I can see where you guys are, if you are with the 11:08:42 20 Documentation pertaining to sales of Osmanthus 11:10:35 21 witness? 21 talc to Avon. 22 Thank you. 22 Communication from Richard Baker Harrison 23 BY MR. RIVAMONTE: 23 referencing testing of Osmanthus talc as well as sales 24 Q. So Miss Valinis and Miss Nolan are with you in 24 history of Osmanthus talc to Avon from 1993 to 1997. 25 the same room; is that right? 11:09:06 25 MR. RIVAMONTE: Counsel for Charles B. Chrystal 11:11:16 Page 13 Page 14 Aiken Welch, A Veritext Company Aiken Welch, A Veritext Company 510-451-1580 510-451-1580 1 Company, I do not have the documents that Mr. Prybyla 1 MS. NOUREDDINI: It's 2 mentioned, with the exception of the two deposition 2 N-N-O-U-R-E-D-D-I-N-I@btlaw.com. 3 transcripts of Mr. Schnur and the Notice of Deposition. 3 MS. RASMUSSEN: And Jennifer Rasmussen for 4 Have those been produced? 4 Whitaker Clark would like it as well. 5 MR. HUGO: I don't know whether they've been 11:11:33 5 My e-mail is RAS, as in Sam, at D-A-Rlaw.com. 11:12:57 6 produced. I can e-mail them to you. 6 MR. HUGO: R-A-S? 7 MR. RIVAMONTE: Yes. They have not been 7 MS. RASMUSSEN: Yes. 8 produced. 8 MR. HUGO: That's it? 9 Mr. Hugo, could you please e-mail them to me? 9 MS. RASMUSSEN: Yes. @D-A-Rlaw.com. 10 MR. HUGO: Yes. Give me your e-mail address. 11:11:44 10 Thank you. 11:13:07 11 MR. RIVAMONTE: Sure. It's I-R-I-V, as in 11 BY MR. RIVAMONTE: 12 Victor, A-M, as in Mary, O-N, Nancy, T, as in Tom, 12 Q. Mr. Prybyla, do you have any other documents in 13 E@kazanlaw.com. 13 front of you other than the ones that you just listed? 14 MS. RIVERA: Excuse me. It's Kimberly Rivera 14 A. No, I do not. 15 from Avon. 11:12:03 15 Q. The documents that you have in front of you, 11:13:27 16 Can you also e-mail them to me? 16 are they hard copy form or electronic form? 17 MR. HUGO: Give me your e-mail address. 17 A. Hard copy form. 18 MS. RIVERA: Krivera@foleymansfield.com. 18 Q. Do you have a laptop in front of you? 19 MS. NOUREDDINI: Can I receive the documents, 19 A. Yes, I do. 20 too? I can add my e-mail to the chat. 11:12:21 20 Q. The documents that you just listed, are those 11:13:39 21 MR. HUGO: Just tell it to me while I'm writing 21 also available in your laptop? 22 it down. 22 A. No, they are not. 23 MS. NOUREDDINI: Okay. It's 23 Q. Once I receive those from Mr. Hugo, we'll go 24 Nnoureddini@btlaw.com. 24 over them later on in this deposition. 25 MR. HUGO: Spell, please. 11:12:31 25 Mr. Prybyla, have you ever been deposed before? 11:14:01 Page 15 Page 16 Aiken Welch, A Veritext Company Aiken Welch, A Veritext Company 510-451-1580 510-451-1580 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 07/10/2023 1 A. No. 1 or any uh-huh's or huh-huh's. 2 Q. Have you testified in court before? 2 Do you understand that? 3 A. No. 3 A. Yes, I do understand that. 4 Q. Have you ever been a party in a lawsuit, 4 Q. Thank you very much. 5 whether plaintiff or defendant? 11:14:19 5 On occasion I may ask you a question that, you 11:15:22 6 A. No. 6 know, for one reason or another I might not state it 7 Q. Mr. Prybyla, since this is your first time 7 very well or maybe you don't understand it. 8 being deposed, I'm going to go through some 8 If for any reason -- 9 instructions, what we call admonitions. 9 A. Your voice is cutting out. 10 These are just some ground rules for today's 11:14:35 10 Q. Okay. 11:15:40 11 deposition; okay? 11 So during this deposition there may be 12 A. Okay. 12 instances where you don't hear my question well or 13 Q. So Mr. Prybyla, you are under oath as if you 13 don't understand it. 14 were in a court of law. Although we are in this 14 If that's the case, please say so and I will 15 informal setting through Zoom, it's important that you 11:14:49 15 either restate the question or have the court reporter 11:15:48 16 tell the truth. 16 read it back to you. 17 Do you understand that? 17 Otherwise, if you don't say anything, I will 18 A. Yes, I do. 18 assume that you understood my question. 19 Q. I will ask you questions and then the court 19 Is that fair? 20 reporter will record my questions and then your 11:15:01 20 A. That's fair. 11:16:00 21 answers. 21 Q. If you need a break at any time and for any 22 You need to speak up and answer orally so that 22 reason, you should tell me and your attorney and we'll 23 the court reporter can record your answers. 23 take a break. 24 You understand that the court reporter will not 24 But I only request if we're in the middle of a 25 be able to record any hand gestures, a nod or a shake 11:15:10 25 question, please answer the question first and then 11:16:13 Page 17 Page 18 Aiken Welch, A Veritext Company Aiken Welch, A Veritext Company 510-451-1580 510-451-1580 1 we'll take a break. 1 Q. Sure. 2 Is that okay? 2 Do you have any prior existing conditions that 3 A. Understood. Okay. 3 may render you unable to answer my questions fully and 4 Q. And finally, once we're done here today, the 4 accurately today? 5 court reporter will type up everything that everyone 11:16:23 5 A. Not that I am aware of. 11:17:36 6 has said and you will have an opportunity to review 6 Q. Is there any other reason why you may be unable 7 that. 7 to answer my questions today? 8 You can make any changes if you wish, but 8 A. No. 9 please note that if you make any substantive changes to 9 Q. Do you understand, sir, that you are testifying 10 your deposition, for example, if you change a "yes" 11:16:36 10 on behalf of Charles B. Chrystal Company? 11:17:55 11 answer to a "no" or vice versa, that could be commented 11 A. Yes, I do understand. 12 upon in court if this matter goes to trial. 12 Q. Do you also understand that your testimony 13 Do you understand that? 13 today is binding on Charles B. Chrystal Company? 14 A. Yes. 14 MR. HUGO: Objection. Calls for legal opinion. 15 Q. Mr. Prybyla, do you have any -- have you taken 11:16:58 15 You can answer. 11:18:08 16 any -- let me rephrase that. 16 THE WITNESS: Can you repeat the question? 17 Have you taken any medications in the last 24 17 BY MR. RIVAMONTE: 18 hours that may affect your testimony today? 18 Q. Sure. 19 A. No. 19 Do you understand that your testimony today is 20 Q. Have you taken any other substance in the last 11:17:05 20 binding on Charles B. Chrystal Company? 11:18:19 21 24 hours that may hinder your testimony today? 21 MR. HUGO: Lacks foundation. Calls for a legal 22 A. No. 22 opinion. 23 Q. Do you have any prior existing conditions that 23 You can answer. 24 may affect your testimony today? 24 THE WITNESS: Okay. 25 A. Can you repeat the question? 11:17:21 25 BY MR. RIVAMONTE: 11:18:34 Page 19 Page 20 Aiken Welch, A Veritext Company Aiken Welch, A Veritext Company 510-451-1580 510-451-1580 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 07/10/2023 1 Q. Do you have an answer, sir? 1 A. Syracuse, New York. 2 A. Yes. 2 Q. Can you please state the city and state of your 3 Q. So you do understand it's binding; correct? 3 current residence? 4 A. Correct. 4 A. Prospect, Connecticut. 5 MR. HUGO: Same objection. 11:18:43 5 Q. And how long have you lived in Prospect, 11:20:14 6 BY MR. RIVAMONTE: 6 Connecticut? 7 Q. Mr. Prybyla, I may refer to Charles B. Chrystal 7 A. About four years. 8 Company today as either "CBC" or "Chrystal." 8 Q. And what is the highest level of education that 9 If I ever say "CBC" or "Chrystal," I'm 9 you have obtained? 10 referring to the defendant Charles B. Chrystal Company. 11:19:05 10 A. MBA in Global Business Management. 11:20:24 11 Is that okay with you? 11 Q. And you -- 12 A. That's acceptable. 12 A. You bleeped out. 13 Q. Are you testifying today as the Person Most 13 What was that question, please? 14 Qualified for CBC? 14 Q. Sure. 15 A. At this point, I am. Yes. 11:19:20 15 From what school did you obtain your MBA? 11:20:40 16 Q. Are you also testifying as the Custodian of 16 A. University of Phoenix online campus. 17 Records for CBC? 17 Q. Do you have any other degrees? 18 A. At this point, yes. 18 A. Yes. 19 Q. Sir, I'm going to ask you some background 19 Q. And what are they? 20 questions. 11:19:38 20 A. An Associate in Natural Resource Conservation 11:20:54 21 Are you ready? 21 and a Bachelors of Science in Marketing. 22 A. Yes. 22 Q. Where did you obtain your BS? 23 Q. What is your date of birth? 23 A. BS was at SUNY, Oswego, New York. 24 A. 1-13-1965. 24 Q. How about your Associates degree? 25 Q. And where were you born? 11:19:50 25 A. SUNY in Morrisville, New York. 11:21:18 Page 21 Page 22 Aiken Welch, A Veritext Company Aiken Welch, A Veritext Company 510-451-1580 510-451-1580 1 Q. Are you currently an employee of CBC? 1 A. I was a business broker that Peter Schnur hired 2 A. Yes, I am. 2 to sell Charles B. Chrystal Company. 3 Q. And what is your current position? 3 Q. So were you an employee of CBC when you were a 4 A. Owner/operator. 4 business associate with Mr. Schnur? 5 Q. And how long have you been the owner and 11:21:40 5 A. No. I'm an independent contractor as a senior 11:23:32 6 operator of CBC? 6 business broker with Synergy Business Brokers. 7 A. March of 2019. 7 Q. And so what did you do between the time that 8 Q. And what are your duties as the owner and 8 you were a business associate from 2015 to around 2016 9 operator of Chrystal? 9 to become an owner and operator of CBC in 2019? 10 A. Financial activities, inventory management, 11:22:04 10 A. In 2016 I facilitated the sale of a majority of 11:24:03 11 order entry, customer communications, sales, marketing. 11 C.B. Chrystal to a different company that sold other 12 Q. Anything else? 12 materials such as pumice, bauxite, various other 13 A. I'm the full-time owner. 13 minerals. Everything but the talc business. 14 Q. And just for the record, Chrystal is spelled 14 Q. And what was the name of that company that CBC 15 C-H-R-Y-S-T-A-L. 11:22:30 15 sold its business to other than the talc part of the 11:24:37 16 A. That is correct. 16 enterprise? 17 Q. Mr. Prybyla, how did you become the owner and 17 A. There were three -- the company was divided 18 operator of Charles B. Chrystal? 18 into three divisions. 19 A. The business associate with Peter Schnur, the 19 One was SICIT, USA, which was sold to SICIT out 20 former president of the company. 11:22:49 20 of Italy. 11:24:52 21 Q. And when did you become a business associate 21 They are primarily a retarder producer. 22 with Mr. Schnur? 22 The second company was sold to -- I don't know 23 A. Somewhere in 2015 or 2016. 23 the holding company but the new name of that company is 24 Q. And what were your duties as the business 24 C.B. Minerals and they primarily deal with gypsum, 25 associate? 11:23:11 25 pumice, all sorts of nonmetal, nonferrous minerals. 11:25:12 Page 23 Page 24 Aiken Welch, A Veritext Company Aiken Welch, A Veritext Company 510-451-1580 510-451-1580 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 140 RECEIVED NYSCEF: 07/10/2023 1 And the last piece of the business was C.B. 1 Q. How about the other two businesses of C.B. 2 Chrystal, which I ended up acquiring from Peter in 2 Chrystal, the one that was sold to SICIT and the other 3 March of 2019. 3 to C.B. Minerals? Were those stock transactions as 4 Q. So was Mr. Schnur operating C.B. Chrystal 4 well or was -- 5 between 2016 and 2019? 11:25:44 5 A. I was not involved as legal counsel for either 11:27:22 6 A. Correct.