case. 92- Tran.s..cript :3th 4,19; 9511.3? 1.4m? .. Qf Pattie-lg . 0.4119123 Page .20 MoGahn - direct Penthouse and the defense team for the Trump parties were coordinating their activities to defend the action, the ceunterclaim and third-party claim by the Sands? A. Not completely. We also had our separate defenses, and they had their defenses. Okay. Q. g9 it indeed you it seems to me-you are telling me that you met with the Penthouse team. Why would you write down "deps of Soto at the Sands"? A. Probably did it when I went over there or before I left to gp in the morning. It could have been done that way. Q. And was that your only for this particular description of the services on April 6, 1990? A. That's my answer. Q. And Cathy Tuohy also presumably entered the same time entry befere she went to the deposition? A. Maybe. I don?t knew. Q. Now, she indicates that she spent 8.5 hours at the deposition of Soto at the Sands? A. Right. I know she was there when I BECKER FARM ROAD MECHANIC STREET ROSELAND, . ER RED BANK. N.J.07701 201-740-1100 CERTIFIED SHORTHAND REPORTERS 201.842.53m Case Doc 491 Eil'edO4/15/9g _Entered05/1Zl1614'00'10 Des-r: Transcript bepg'si'tnh?of Mboah'n' "Taken-417193; *[EODOA/iglgs Page] ?21? or 87' 21 McGahn - direct left. Q. Is Ms. Tuphy still_praotioing in Atlantic City? A. Yesr Q. In transcripts where your appearance is not_noted on the record, transcripts concerning court appearances or depositions, do you have an explanation for that? MR. ABRAMOWITZ: I?m going to object. A. Show me the transcripts. MR. ABRAMQWITZ: I am going to object in that I think the question is a vague generalization. If you have specific questions about specific proceedings, I haye no problem in the response. But I am not going to have him answer for the myriad dates where specific instances should be logged. I would also like to put on the record that, if there is an attempt to say, "On such and such a date where you may or may not have been mentioned, were you there," for purposes of the witness, we would insist upon seeing the particular transcript so that he oan become familiar or, at least, be familiar with the proceeding so that his "5 BECKER FARM ROAD DOERNER GOLDBERG, INC. ROSE ND .07068 . LA CERTIFIED SHORTHAND REPORTERS 201340-1100 2018426878 10 MECHANIC STREET RED BANK, NJ. 071701 case .. . .. Transcript Of eposi?tion "Of Patrick T. MCGahn Taken (jpp) 04/19/93 Page 22 of 1 McGahn direct 2 recollection may be refreshed to determine whether or 3 not he has a recollection of that particular 4 proceeding. 5 I MR. GREENE: That?s putting the cart 6 before the horse. 7 . MR. ABRAMOWITZ: That may be. If 8 you?re going to do it, I am just going to object on 9 those grounds. 19 MR. GREENE: Well, I can tell you right 11 now that I don?t have the transcripts with me at this 12 moment. 13 MR. ABRAMOWITZ: Well, you have knoWn 14 about this deposition for weeks, and my feeling is 15 that the depositions have been available. You haVe 16 indicated that you have copies of every deposition, 1? and I am not going to have my client guess. 18 Q. Would it be your positiOn, Mr. McGahn, 19 that, without the transcripts in front of you, you 20 would have to guess as to whether or not you were at 21 a particular deposition or court appearance? 22 A. I don?t know how to answer that 23 because 24 MR. It depends on the 25 proceeding. 5 BECKER FARM ROAD 11315ng GOLDBERG, 10 MECHANIC STREET ROSELAND, N.J. 07068 . . BAN . . .0 201.740.1100 CERTIFIED SHORTHAND REPORTERS 201$2gg7?n 1 Case 92-11188-1Hmf Dnr? 491 Filed 04/15/93 Fm?ered DISH 7/1 8 14'00'10 Deer Transcript Of [Peposition Of Patrick T. McGa'hn Taken 4/7793. :(jpp) 04/19/93 Page 23 of 8:3 1 McGahn - direct 2 - Q. Was it your custom to enter your 3 appearance when you attended hearings before Judge- 4 Gibson? 5 A. Yes. Usually, they were entered by Jim 6 Isman. - 7 Q. And he did note your appearance as 8 well? 9 A. If he were there first or I were there 10". 5 first, normally, he would. I might haVe come in. 11 late, and, therefore, it wasn?t on the record. I 12 don?t know. 13 Q. Well, other than your late arrival, 14 would there be any other reason, to your knowledge, 15 as to why Mr. Isman would not note your appearance 16 for the record? 17 MR. ABRAMOWITZ: I am going to object 18 in that I_think it calls for speculation as to what 19 - Mr. Isman may or may not have done and why. I think 20 it?s speculative. 21 A. Why don?t you ask Mr. Isman that. 22 Q. So you don?t have an answer for me? 23 I A. At this time, I don?t. 24 Q. When the%Penthouse defense team and the 25 Trump parties? defense team began coordinating their 5 BECKER FARM ROAD WERNER GOLDBERG, [Na 10 MECHANIC STREET ROSELAND. N.J. 07068 . RED BANK, N. . 201-740-1100 CERTIFIED SHORTHAND REPORTERS 2013425?j7?7701 Case Doc 49; Filed 04/15/93 Ems-[ed 05/1le? 14-00-10 Desc Transcript Of [beposition Of Patrick"? McGahn'Taken 04/19?93 Page 24 of 824 1 MCGahn - direct 2 I efforts against the Sands, was there not some 3 discussion or discussions whereby there was an 4 agreement as to which attorneys would take which 5 depositions during the caseknowledge. 7 Q. Was there any planning by Mr. Roe?s 8 firm and Mr. Barry?s firm and your firm to allocate a 9 Ipartioular deposition to-a particular attorney? 10 A. There was planning. But what that. 11 planning was, I don't remember right now. At this 12 time I don't remember. 13 I Q. Do you recall who did Mr. Rowe take 14 depositions in the case? 15 A. Yes. 16 Q. And did Mr. Naar from his firm also 17 take depositions in the case? 18 A. Yes. 19 Q. Can you think of any other attorneys 20 from the Greenbaum firm? 21 A. There were just so many, I really don?t 22 know all those fellows. There were just so many. 23 Q. I realize that many attorneys from the 24 Greenbaum Rowe firm here involved in the case. 25 What I am trying to focus more narrowly on is which 5 BECKER FARM ROAD WERNER INC. 10 MECHANIC STREET ROSELAND, NJ. 07068 . RED BANK. NJ. OWN 201.740.1100 CERTIFIED SHORTH AN I) RE PORTERS 201-842-5878 war 19/93 . Moe .3417. jp) P905 of- 87 2 5 McGahn - direct attorneys took depositions in the case besides Mr. A. I think a fellow by the name of Sobel took depositions. I just don?t know them all. Okay. Q. SQ other than Mr. Rowe, Mr. Near, and Mr. Sobel, you don?t recall any others right now? A. At this time, no, I do not. Q. From the Clapp firm, Mr. Alfano took depositions._ Is that right? A. Mr. Alfano, Mr. Fitzpatrick, Mr. Barry. I don't know whether Vinny Papalia did. I don't know who else I can think of right now. Q. When I say take depositions, I mean conduct an examination during an examination, not necessarily to appear at a deposition and defend it, just so we are clear. A. I think they participated. Let's put that in in some way. Q. But what I am trying to focus in on, now, is the actual taking of a deposition. A. I can?t remember all. Okay. They were the ones basically that I remember. Q. Do you recall Mr. Fitzpatrick taking depositions? A. I believe don?t recall 10 MECHANIC STREET RED BANK. NJ. 071701 201-842-6878 5 BECKER FARM ROAD ROSELAND. NJ. 07068 2013404100 DQERNER GOLDBERG, INC. CERTIFIED SHORTHAND HEPORTERS Case Dongle} Filed name/QR. Transcript Of Deposition Of Patrick T. McGahh Taken 4/7793. (jpp) 04/19/93 Page 26 of 8: 6 1 MCGahn - direct - 2 specifically which ones he took, but I know that he 3 was there on many occasions and did participate. 4 Q. When yon say 5 A. Whether he was the number one taking 6 the deposition, whether he cross?examined or what he 7 did. I don?t know. 8 Q. Well, when you say, "He did 9 Iparticipate," you mean ask questions on the record? 10 I A. I. I believe he did. I don?t remember. I 11 know he was there. I know he participated. To what 12 extent I don?t know at this point. 13 Q. And you also believe Mr.'Barry took 14 depositions in the case? 15' I A. I heliewe I know he was there. He 16 participated. To what extent I don?t know exactly at 17 this point. I would have to go back and look at all 18 the transcripts to make a determination. 19 Q. Well, one may be present in a 20 deposition as a attorney who is listening to the 21 examination as opposed to one who is conducting the '22 examination. 23 A. Mr. Greene, I understand that. 24 Q. So I am trying to discuss 25 A. The answer to your question -- 5 BECKER FARM ROAD DOERNER GOLDBERG, INC. 10 MECHANIC STREET ROSELAND. NJ. 07?068 RED BANK, N.J.0 701 201.740.1100 CERTIFIED SHORTHAND REPORTERS 201-842-6878 7 Case . - Transcript Of Deposition Of. Patrick T. McGahn Taken 4/7/93. 04/19/93 Page Doc 49?] Filed 04/15/93 Fntered 05/1711 6 14'00'10 Deer: 27 McGahn direct MR. ABRAMOWITZ: I don?t think that's a question. I think that?s a statement. I think just as easily you can participate in a deposition without asking a question of a witness by discussing a potential question or theory with the attorney on your side that is, in fact, asking the questions. So it's simplistic to assume that because someone is there and doesn?t ask a question that they were not inyolved. MR. GREENE: I am not assuming that. MR. ABRAMOWITZ: Okay. I wouldn?t think you would. Q. Did you take any depositions? By that, I mean specifically, very clearly, did you A. No. I was going to be a witness. How many times do I have to tell you that, Mr. Greene? Q. Did Mr. Isman take depositions in the case? A. Yes, he did. Q. Can you identify the -- A. No, I cannot. I Can't remember. I know it until I saw the transcripts. Q. Of the attorneys who took the depositions on behalf of the Trump parties? defense 10 MECHANIC STREET RED BANK. NJ. 07701 201-842-6878 5 BECKER FARM ROAD ROSELAND. NJ. 07068 201-740-1100 DQERNER GOLDBERG, INC. CERTIFIED SHORTHAND REPORTERS Case Dnr? ?191 04/1 Fn?rered 08(17116 14'00'10 near Transcript Of [beposition or Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 28 of a; 8 1 McGahn - direct 2 team and the Penthouse defense team, would you agree 3 that most of the depositions were taken by the 4 Greenbaun firm and the Clapp firm? - 5 A. I would think that's a true statement, 6 yes, in cooperation with us, in collaboration and 7 cooperation with us. 8 Q. In connection with the pretrial court 9 appearances, which would-include those court lb appearances on the record which were transcribed as 11 well as case management conferences which were off 12 the record, and Mr. Isman and other members of 13 your office would attend those: is that right? 14 A. Yes, sir. - I 15 Q. And were there occasions when there 16 were pretrial hearings on the record before Judge 17 Gibson or Judge Rimm that you made an oral argument 18 before the Court? - 19 MR. ABRAMOWITZ: Excuse me. I am going 20 to object before you answer. At a pretrial 21 conference, there is normally not an oral argument; 22 and I am going to objeCt to the question because it's 23 a misleading question.s 24 First of all, if you were asking about 25 a specific pretrial conference, I would like you to 5 BECKER FARM ROAD WERNER GOLDBERG, 10 MECHANIC STREET ROSELAND, NJ. 07068 . . . RED NK, N. . 701 201?740?1100 CERTIFIED SHORTHAND REPORTERS Case Dnt?. 491 Filed 04/15/93 Fntered 05/17/16 14'00'10 Desr? Transcript Of Deposition Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 29 of SEQ McGahn direct 2 - be specific as to that pretrial conference and not 3 lump all pretrial conferences just as one, because, 4 like depositions, each one had a different 5 'characteristic, whether it was the beginning of the 6 case, whether it was before or after the involvement 7 of Clapp Eisenberg, at what stage of discovery. I 8 3 think it?s an unfair question, and you are going to 9 have to be more specific as to what instance. 10 MR. GREENE: Well, with all due 11 respect, Arthur, I don?t think I have to. I think 12 the question is fine. I am talking about pretrial 13 hearings. I didn?t say pretrial conference. 14 did, I withdraw that question. I am focusing on 15 pretrial hearings. I 16- MR. ABRAMOWITZ: Are you talking about 17 motions?" 18 MR. GREENE: Motions. 19 MR. ABRAMOWITZ: Then say motions 20 - because there were settlement conferences as well. 21 There were other conferences, and all I want you to 22 do is to be specific as to which-of those to which 23 you are talking about. 24 And, again, as to the proceedings, if 25 you have questions about specific proceedings, Mr. 5 BECKER FARM ROAD GOLDBERG, 10 MECHANIC STREET ROSELAND, N.J. 07068 RED BAN N. . 701 201-740?1100 CERTIFIED SHORTHAND REPORTERS L. Case nor: 491 Filed 04/15/93 Entered 05/17/16 14'00'10 Deer: Transcript _Of Deposition Of Patrick T. MCGahn?Taken 4/7/93. (jpp) 04/19/93 Page McGahn w~?direct McGahn will be happy to answer to his involvement or recollection or even if he was in attendance, if he could see the transcripts that you are referring to. IBut I don?t think it?s fair to expect him to recall specific times, dates, and what occurred on a given date, when you have literally hundreds of proceedings in this case. i Q. - Do you recall how many depositions were taken approximately in this case,? A. I believe the total number of I think we were involved in depositions is 212. well, I would only be guessing. I don?t want to guess. Q. You would have.been involved in not all of them, I take it? A. No, not all of them. I want to finish my answer which consisted of over 400,000 pieces of paper, and I think over 50,000 pages of depositions and over 10,000 exhibits. Q. Your reference to the 400,000 pieces of paper, what does that mean, the number of pages of the exhibits? A. Of the eXhibits and everything, yes. Q. 0f everything, what? 5 BECKER FARM ROAD 10 MECHANFC STREET sesame, NJ. 07068 ERNER RED BANK. 2013401100 CERTIFIED SHORTHAND REPORTERS 201.342.5573 L. Case 92-11 122.1me Dnr? 4-01 Filed 04/15/03 Fntered 14-m1n Deer Transcript Of Ebeposition Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page McGahn direct A. Everything contained in the caSe. Q. I don't follow your answer. A. Every piece of paper contained in the case: exhibits, depositions, so forth. Q. Motions, pleadings, everything sure because there would probably be more then, because there was stuff that was generated that wasn?t even submitted, so I will say a minimum of 400,000. Q. How did you derive the number 400,000? A. I read it somewhere. On what? A. Either in one of the briefs, the Court opinion, or somewhere. Q. But you don?t recall right now where you read it? A. No, I don't. I remember the 10,000 exhibits, though.- I believe that came from the Court opinion. And the depositions, the number of days of depositions. This was not a negligence case. Q. Carl Tripician was one of the attorneys who appeared in court with you on occasion? A. Yes, sir. 5 BECKER FARM ROAD ROSELAND, NJ. WUBS 201-740-1100 10 MECHANIC STREET RED BANK. N.J. 07701 201-84268?! DOERNER GOLDBERG, INC. CERTIFIED SHORTHAN-D REPORTERS L. Case Transcript Of deposition Of Patrick T. McGahn Taken 4/7/93. (ipp) 04/19/93 Page Dnr? 4?91 Filed 04/15/93 Fn?rered 05/17/16 Deer McGahn direct_ (Witness conferring with counsel.) Q. What was Mr. Tripician?s background before he joined your firm? A. He was a law clerk and then a law clerk for a superior court judge and then came back to me. Q. Did he join your firm and then went back to becoming a law clerk to superior court judge? A. That?s correct, and then came back. I understand. Did he ever clerk for Judge Rimm? A. No. He olerked for I forget who he clerked for. Q. According to the Martindale Hubble biography of the firm, Mr. Tripician was admitted to the bar in Jersey in 1990. Does that seem consistent with your recolleotion? A. That would be consistent, yes. Q. Mr. Miller was also an associate of your firm; is that right? MR. ABRAMOWITZ: Which Mr. Miller? MR. GREENE: William Todd Miller. A. Who is m; yes, who is not only an associate of the firmJr but he?s also a C.P.A. Q. He was admitted to the bar in 1989? 5 BECKER FARM ROAD ROSELAND, NJ. 0'1068 10 MECHANKC STREET RED BANK, N.J. 03"701 2018426878 201.740.1100 CERTIFIED SHORTHAND REPORTERS Case on; 493 Filed 04/193193 Farmed 05/17/16 14-00-10 Deer Transcript Of Diapasitidn Of Pati'iCk McGahn Takenr4/7al93'. (j'pp) 04/19/93 Page 33 'of 8; 3' I 1 McGahn direct I 2 A. That's correct. 3 Q. According to Martindale. 4 A. He?s also admitted as a C.P.A. in New 5 Jersey and 6 Q. What were the standard hourly billing- 7 rates for the associates of that rank and experience 8 at your firm? 9 I. h? My deal with Trump has every associate? '10 I was 150 bucks. and I charged $150 for anybody on the 11 outside. In other words, if you wanted to come in, 12 and any associate was a minimum of $150. In other 13 words, there was the lowest ones. People like Isman 14 went anywheres from 175 to-225. 15 Q. MFor Mr. Trump? 16 A. - 'Not for Trump. No, Trump was 150. 17 That was my deal with himWhat was the standard billing rate for 19 Mr. Isman? You said 175? 20 A. 175 to 225. 21 .Q. What was_the standard billing rate for 22 Mr. George Miller? 23 A. George Miller was 225. 24 I Q. What nas the standard billing rate for 25 Forman. I - 5 BECKER FARM ROAD WERNER GOLDBERG, INC. 10 MECHANIC STREET ROSELAND, N.J. 07068 RED BANK. NJ. 0?701 201.740.1100 . CERTIFIED SHORTHAND REPORTERS 20134245373 Case Dec 491 Filed 04/15/93 Entered 05/17/16 14:00:10 Dear: Transcript Of Deposition Of Patrick T. McGahn' Taken 4/7/93. (jpp) 04/19/93 Page 34 of 8; 4 me 1 McGahn - direct 2 A. Forman was 175. 3 Q. Ms. Tubby? 4 A. 175. 5 Q. Mr. Tuohi? 6 A. 175. 7 Q. Carl Tripician? 8 A. 150. 9 Q. That was standard billing rate for Mr. 10 Tripician? 11 A. That?s right. 12 Q. William Miller? 13 A. 175. 14 Q. Friss? 15 A. Fries, I think two and a quarter. 16 Q. Kelly Campbell? 17 A. 150. 18 . i Q. The law clerks? 19 A. 50 bucks. 20 Q. So I presume by your answer there was 21 no one at your firm who was billed at less than 150 22 an hour? 23 A. 'That's right I had a special deal with 24 Trump in the latter years for negligence work, in 25 which we billed out Isman at 100 bucks. This was 5 BECKER FARM ROAD DOERNER GOLDBERG, 10 MECHANIC STREET ROSELAND, N.J. 07068 - RED BANK, Md. 07701 201.740.1103 CERTIFIED SHORTHAND BEPORTERS 201.842.5373 Transgrijstetfg?ztmposition Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 35 of 855 1 McGahn direct 2 just for the routine negligence slip and falls and so 3 forth. And the rest 0% them, I believe, were billed 4 at 90. That deal Wasn}t out until ?90 or ?91, to my 5 knowledge. 6 I Q. What was the percentage, generally 7 Speaking or approximately speaking, of the gross, 8 billings for the Trump matter in the context of your 9 gross revenues for 1989? 10 A. I don?t know.. I don?t know at this 11 time. I really don?t know. 12 I. Q.- was 1989 a profitable year for the 13 firm? I 14 A. Every year I had has been a profitable 15 year. I have never had a losing year from the day I 16 opened my office in August of 1959 was a very, 17 profitable year. I made $20,000 that year. I 18 remember it very well because that is what I paid 19 income tax on from August to I wasn't going to 20 give up a saloon business and not turn around -- I 21 was making 20,000 a year in the saloon business, so I 22 i wasn?t going to give that up to go to law school if I 23 didn't expect to make more money._ - 24 I Q. In 1989 you were in the process of 25 concluding or ending your services in the prerogative 5 BECKER FARM ROAD WERNER GOLDBERG, 1N0. 1o MECHANIC STREET ROSELAND. NJ. 0-7068 . . . 8 . . 201.740.1100 CERTIFIED SHORTHAND REPORTERS RE 2&?22?j73077 1 L. Case 92-1 1188-3Hw Dnr? am Filed 04/1 5/93 nan 7/1 a 14'00'10 r)qu Transcript Of Deposition Of Patrick T. McGahn Taken (jpp) Page McGahn - direct writ litigation and beginning your services in the so-called Penthouse lawsuit; is that right? MR. WALDT: Objection. MR. GREENE: The basis? MR. WALDT: I think it assumes a bright-line discontinuation of services for the prerogative writ or zoning dispute and the Penthouse litigation. I think that?s factually incorrect. MR. GREENE: Let me rephrase it. Q. In 1989 you were billing Trump Plaza for services in connection with the prerogative writ litigation and in the Sands Penthouse house litigation correct? - A. Yes, in addition to other things that I was billing for. Q. Of course. I take it there is no claim at this time for any monefs which are due your firm for the services you rendered to the Trump entities in 1989 for your work in the prerogative writ litigation? MR. Let me just again, a caveat before Mr. McGahn responds. There is a separate adversary proceeding, which is for a disgorgement of fees prior to this claim for 5 BECKER FARM ROAD HOSELAND. N.J. 07068 10 MECHANIC STREET RED BANK, N.J. 07701 201-842-68m 201.740.1100 CERTIFIED SHORTHAND REPORTERS L. Case Doc 491 Filed 04/15/93 Entered 05/17/16 14:00:10 Desc' Of Deposition Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page McGahn direct expunging or reducing this claim. Mr. McGahn is not going to answer questions on any counterclaim or claims for any additional moneys which may be due before this dispute. of a separate adversary proceeding. for a period That?s going to be the subject 50 that?s a legal question as to whether or not they?re assertible, importantly, it?s not discoverable proceeding. So if you want to ask about proceedings before or after, procedure, that's one thing; but I and, more in this other questions as far as am not going to allow you to engage discovery in another adversary proceeding in this proceeding. MR. GREENE: I think you are impermissibly circumscribing my right to take discovery in this case as well as in the adversary proceeding. I see no reason why I could not pursue questions in the adversary proceeding at this time, certainly for the convenience of the parties. And I think further that I have a right to explore the extent and degree of what the billings were for the Trump parties, viswawvis, the other THE WITNESS: I didn?t say 5 BECKEH FAFIM ROAD ROSELAND, NJ. 07068 201-740-1100 DOERNER GOLDBERG, INC. CERTIFIED SHORTHAND REPORTERS 10 MECHANIC STREET RED BANK. NJ. 201-842-6878 10_'_ep03it10n Of Patrick T. McGahn Taken 21/7/93. (j 1 . . [39? :38 0f 87 38 McGahn direct MR. ABRAMOWITZ: Did I object to that? MR. GREENE: well, I am trying to pursue that. I MR. ABRAMOWITZ: Did I object to that? MR. GREENE: I know you objected. MR. ABRAMOWITZ: I did not object to that question. When you asked about the percentages, well, I think I know where you.are going. IAnd while it may be fishing, I don?t think that it?s objectionable because you are asking to find a pattern of what the percentage of bills were for '89, '90, ?91, or whatever else. I am not objecting to that, but I am objecting when you ask if there are any moneys which you are asserting for a period prior to this proceeding, which is in a separate lawsuit. Thatfs all. So if you want to continue on the percentages, if he knows, he can answer. That's a legitimate question. MR. GREENE: I don?t think we have a dispute. Q. But what I am trying to narrow, again, and what I think would be something that you may have 10 MECHANIC STREET RED BANK. N.J. 07701 DOERNER 8: GOLDBERG, INC. CERTIFIED REPORTERS 5 BECKER FARM ROAD HOSELAND, NJ. 07068 201-740-1100 L. Case 92-1 1 1 RR-JHVV Dnr? 401 Filed 0411:3193 na/17/1a14-nn-1n qur? Transcript Of Deposition Of Patrick T. McGahn Taken'4/7/93. (jpp) 04/19/93 Page McGahn direct a general sense of, and that is what percentage of the firm's revenues or were attributable to the billings for the Trump parties. MR. ABRAMOWITZ: Excuse me. He?s already answered for 1989. He?s not sure. A. I don't know. Q. 1990? A. I donft know. Q. 1991? A. I don?t know at this point. I really don?t know at this point. Q. They were substantially a large part, though, of your billings; were they not? - I MR. ABRAMOWITZ: I am going to object to the question until you define what "large part" Does it mean over means. Does it mean "majority"? 10 percent? I think it?s vague,r so if you would define "large part," I will then instruct him to answer. MR. GREENE: Rather than define the undefinable Q. Did you have billings for other Clients which exceeded your billings for Mr. Trump in 1989? A. No. 5 BECKER FARM ROAD ROSELAND. NJ. 07068 10 STREET RED BANK, NJ. 07'701 201842-6878 201.740.1100 CERTIFIEQ SHORTHAND REPORTERS Case 92-11188-JHW Doc 49'] Filed 04/15/93 Fntered 05/1711 6 14'00?1 0 Deer Transcript Of [beposition Of Patrick T. McGahn Taken 4/7/93. (jp'p) 04/19/93 Page 40 of 810 Lu? 1 McGahn - direct 2 Q. Mr. Trum??s billings were the largest, 3 I take it? 4 A. Largest individual. That's correct. 5 Q. Would also hold true for 1990? 6 A. I don?t know. I don?t know. 7 Q. Was Mr. Trump's billings one of the-two 8 or three largest clients in the firm in 1990? 9 A. Yes. 10 IQ. And the cause of your unoertainty was 11 that it may have been one or two in that rankdon?t know. I just don?t know. You 13 don?t want me to guess. 14 Q. Who was the other client? 15 MR. ABRAMOWITZ: I am going to object 16 to the question. I 17 A. I can?t answer that. 18 MR. ABRAMOWITZ: I am objecting to the 19 question on the grounds of confidentiality. 20 A. Attorney?client privilege. 21 Q. The identity of the client? 22 I I MR. ABRAMOWITZ: Yes. 23 A. Yes. 24 Q. Did the other clientt that you won?t 25 identify, was that client the subject of any public 5 BECKER FARM ROAD DQERNER GOLDBERG, 10 MECHANIC STREET ROSELAND, NJ. 07068 RED BANK, N. . 7?01 201-740-1100 CERTIFIED SHORTHAND REPORTERS case 92-1113821017139: [39; 49; Filed mm 5192 man Transcript Of Deposition Of Patr'iCk T. McGahn Taken 417793; app)? [Eo-o 04/19/93 Page 41 of 8:1 LH- McGahn direct 2 hearings or litigation? 3 A. other clients, not client. Okay. 4 Q. There were -- you are talking about 5 more than one client? 6 A. Yes. 7 - I Q. And those other clients may have had 3 billings which equaled or exceeded Mr. Trump?s H9 billings? 10 I I A. ?No, I didn?t say that. I didn?t Say 11 that at all. You said you asked me if Trump was 12 one of the three that was the highest. I said yes. 13 IQ. Okay. And the other one or two of' 14 those other clients, were they clients that you 15 represented in court? 16 MR. ABRAMOWITZ: Excuse me. I would 17 like to confer with my client outside for a second. 18 (Witness conferring with client out of 19 room.) 20 MR. ABRAMOWITZ: I am advising my 21 client not to answer the question about other clients 22 because I think that the answer's response would lead 23 directly or indirectly to the identity of information 24 which is subject to attorney?client privilege. 25 And for that reason, Mr. McGahn is not 5 BECKER FARM IROAD WERNER 3; GOLDBERG, 10 STREET ROSELAND, NJ. 07068 RED BANK. N.J. 07701 201.740.1100 CERTIFIED SHORTHAND REPORTERS 201.342.53123 Case Dnr? am Mindful/113KB Fn?rerpd mums 14:00-19 Deg-3 Transcript Of Ebeposition Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 42 of 8:2 Lm? McGahn direct 2 responding. Moreover, Mr. McGahn can?t respond, 3 because if there-were going to be any waiver of that 4 -privilege, it would have to be from the client and 5 not by Mr. MoGahn. So I don?t want to put him in 6 that spot. 7 I Q. Mr. McGahn, the -- 8 A. Yen were calling me "Pat" all along. 9 Now, you have become formal. 10 Q. I can?t help but acknowledge your -- 11 A. age and status, that?s right. 12 Q. Age and status. 13 A. That?s right. 14 - Q. I happen to come from the old school. 15 A. That?s good. I 16 Q. I will call you "Pat," if you prefer. 17 A. Call me anything you want. Just don?t 18 Call me Lee. 19 Q. In the eVent there is a recovery in 20 this matter, do you have any understanding with 21 anyone to share any of those proceeds? 22 A. Absolutely not. Everybody is paid, and 23 nobody expects anything. I 24 Q. In the eyent there is a recovery in 25 this matter, do you have any intent to allocate any 5 BECKER FARM ROAD DQERNER GOLDBERG, INC, 10 STREET ROSELAND. NJ. 07068 RED BANK, N. . a 201-740.1100 CERTIFIED SHORTHAND REPORTERS 1 Case 92-11182-JHW Transcript pupa nan ram nan-7,11 a 141001-113 Deg; beposition-Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 43 of 87 4 3 MoGahn - direct of those proceeds with any person? A. Yes. Q. Who would that be? A. My wife and kids. Q. 'cher than your family, do you have any intent to share any of the proceeds of any potential recovery with any attorney who worked at Your firm? A, Absolotely not,_u IQ. The compensation structure at the firm was based upon salary and a percentage of business brought in by any individual attorney; is that right? - sir. A. Yes, Q. How were salaries determined on.a year-to?year basis in terms of A. They were determined by me at my sole discretion, what I thought one would be paid. And if anyone didn?t like what I wanted or anything else, my Mr. Isman position had always been, "Let the door" just pointed "Let the door hit you in the ass on the way out." Q. What criteria A. And Mr.-lsman is sitting here shaking his head, nodding accordingly. (There was a discussion off the record, 5 BECKER FARM Favo 2011401100 DOERNER GOLDBERG, INC. CERTIFIED SHORTHAND REPORTERS 10 MECHANIC STREET RED BANK, NJ. 07701 201-842-68?8 Case Dec 491 Filed 04/15/93 Entered 05/17/16 1400-10 Deer Transcript Of [beposition Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page McGahn - direct after which the deposition resumed.) I Q. What criteria did you use, McGahn, in determining.salary increases or compensatien for the attOrneys? A. My best judgment. though, Mr. Q. And that would depend on revenues: would it not? A. . No. Revenues had nothing to do with it. Q. Had absolutely nothing? A. No. God makes enough money. I always like to share. Q. So you set salaries for all of the other partners? IA. For the guy that cleans the floor, okay. Those decisions are made by me. Q. Those decisions, were they not, impacted by the fact that you had billings with a client such as Trump which would generate substantial fees over the course of a year? A. No, it didn?t make any difference. It didn?t make any difference. Q. Had no impact whatsoever? A. They weren?t making -- they were making 5 BECKER FARM ROAD ROSELAND. NJ. 07068 201-740-1100 DOERNER GOLDBERG, INC. CERTIFIED SHORTHAND REPORTERS 10 MECHANIC STREET RED BANK. N.J. 07701 2016425878 L. Case nm: 491 Filed Entered 05.1.1 711.5 141.004 0 Deer: Transcript Of eposition Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page McGahn direct basically with or without Trump. That didn?t enter into it. The big pile was mine. Q. Were some of the attorneys who were working with you unable to bring in business because they were allocating time to the Trump matter? A. I believe so. Q. I Did you endeavor do take that into account in adjusting their salaries accordingly?- A. I No, what ?a they had to do that on their own hours to get business in. That?s what out and work at night and go to civic meetings and attend these things. Thatyou were hungry, you could nake a buck with me. Q. So you were saying to me that the kinds of billings that your firm generated, vis?a-vis Mr. Trump, had no impact upon the compensation structure of any attorney of the firm? A. That?s correct. That?s not MR. ABRAMOWITZ: Excuse me. entirely correct. MR. GREENE: He just said it?s correct. MR. ABRAMOWITZ: Hold on a second. Let me just let's not be silly. Because he just said 5 BECKER FARM ROAD ROSELAND. N.J. 07068 DOERNER GOLDBERG, INC. 201.740.1100 CERTIFIED SHORTHAND REPORTERS 2013425373 case 92-11188-3Hw 4:21 Filed 04/1 Rm F??nmmd nR/17/1a14-00-1n neg; Transcript Of Reposition Of Patrick T. McGahR Taken 4/7193. (jpp) 04/19/93 Page 46 {if-8:6 1 McGahn direct 4? =2 when you are talking about attorneys, obviously, 3 Mr. MoGahn was taking home money. And you were 4 lumping him with the other attorneys. -Are you 5 that question I?m assuming means attorneys other than 6 Mr. MCGahn. 7 - 3 MR. GREENE: I said what I said, and he 8 answered the question. 9 . MR. ABRAMOWITZ: Well, let me just 10 rephrase it beCause I think it's a misleading 11 . question. 12 MR. GREENE: This is not a your 13 deposition. 14 MR. ABRAMOWITZ: Listen, I have a right 15 to correct it. I don?t think that Mr. MoGahn I 15 would just like to confer with my client. 17 The answer was that the Trump 18 litigation had no effect on really any attorney?s 19 compensation, which is certainly in your case not 20 accurate if you were bringing those funds in. 21 THE WITNESS: Maybe I didn?t understand 22 the question. But the way I answered it was, did I 23 believe in my mind that it was correct in my mind, 24 whatever was in my mind, I believe it was correct. 25 That's what I said. 5 BECKER FARM ROAD DOERNER GOLDBERG, 10 MECHANIC STREET ROSELAND. NJ. 07068 RED . . 0 2013494100 CERTIFIED SHORTHAND REPORTERS 1 Case Dec 491 Filed 04/15/93 Entered 05/17/16 14'00?10 Deer Transcript Of Ebeposition Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 47 of8?McGahn - direct MR. GREENE: I have no problem with an objection, Mr. Abramowitz. But when you go on at length and then pose a question to your client during my examination, I think you are exceeding the bounds of what you may legitimately do. Moreover, as everyone well-knows-here, Mr. McGahn is an attorney. He has sat through innumerable depositions. He has sat through innumerable trials. We know he is a sophisticatedl person THE WITNESS: Mr. Greene, we don't need a lecture from you. My anewer didn?t change: did it? MR. GREENE: I understand. MR. ABRAMOWITZ: And Mr. Greene THE WITNESS: He doesn't need a lecture. I don?t need a lecture. MR. ABRAMOWITZ: ?w today, Mr. McGahn is not a lawyer. He?s a witness, and there is a difference. Let?s not forget that. MR. GREENE: Let?s mark this please. (Reporter marked for identification Exhibit No. 9-17w9l Draft of Letter; and 9?25-91 Letter from Mr. McGahn to Mr. Trump.) 5 BECKER FARM ROAD ROSELAND, NJ. 07068 10 MECHANIC STREET RED BANK, NJ. 07701 2016425878 201.740.1100 CERTIFIED SHORTHAND REPORTERS L. Case 92-11188-1HW Dgr? Fijpd 0411';qu F?ntprer?L 7&6 ?1 4:00:10 D939 Transcript or deposition Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page MoGahn direct Q. Mr. MoGahn, I am going to show you- Qne appears to be a for identification. document headed draft 9?17?91. The other is a letter from you to Mr. Trump of September 25, 1991. A. I Yes, theiP?14 [sic] was the one that you removed from my file and made copies for you, and the PTMH15 -- MR. Just compare_them. A. which is the draft of the letter-ofI the 23rd. I I ABRAMOWITZ: But they?re not identical. A. Pretty close to being identical. II mean, that was the first draft, and this was the letter that was seht out with copies to Ribis and ?w Ribis and Barry. Q. You are the author of both? A. Absolutely. Q. This letter of September 25, ?91, makes reference to a meeting you had with Mr? Trump on Thursday, September 12, 1991. A. Yes, it was prompted by a letter of September 5th. THE WITNESS: Would you give me that 5 BECKER FARM ROAD ROSELAND, NJ. 07058 201.740-1100 CERTIFIED SHORTHAND REPORTERS 10 MECHANIC STREET RED BANK, N.J. 07701 2018425873 Case Dnr: 491 Filed 04/15/93 Fnter?ed 05/17/16 14?00'1 0 Deer Transcript Of [Deposition Of Patrick T. McGahn Taken 4/7/93. (jp'p) Page 49 of 819 L. 1 McGahn - direct 2 letter, please? 3 MR. GREENE: I have it right here. 4 Let's mark that as '5 - (Reporter marked for identification 6 Exhibit No. 9?5~9l Letter.) 7 A. And the reason Ribis got copies is he 8 was now the C.E.O. of the properties. 9 You made reference to the September 5 10 I letter of '91. I 11 A. Yes. 12 Q. You said it was prompted by the '13 September 5th letter. Could you tell me what you 14 mean? 15 A. The meeting with Trump was prompted by 16 the letter. Do you want me to read the letter? I 17 mean, it was prompted by that letter. I just told 18 him that we couldn?t continue on and so forth. He 19 set up a meeting, wanted us to do what he indicated 20 in my letter of the 23rd. 21 Q. I Which would be to have a lesser role in 22 the case? 23 A. Yes, that?s correct. But not pay me, 24 that was the thing I was concerned with. 25 Q. Did you confer at all with Mr. Barry 5 BECKER FARM ROAD WERNER 3, GOLDBERG, 10 MECHANIC STREET ROSELAND, no. 07053 - RED BANK, . . 201.749-1100 CERTIFIED SHORTHAND REPORTERS 20134237307701 Case Dec 491 Filed 04/15/93 Fnrered 08/17/1614-00-10 Des/,3 Transcript Of Deposition Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 50 of 8?50 1? McGahn - direct 2 about your difficulties in getting payments? 3 A. Absolutely, on many oceasions. And _4 with Mr. Fitzpatrick and with Mr. Alfano, and they 5 were having the same problem. 6 Q. With respect 7 . A. And they were not paid- According to 8 them, the last time that I spoke to Fitzpatrick, I 9 don't think they were paid. This was sometime 10' this is what April ?w February, they had not been 11 - paid. They had been paid something on contract. 12 They were not paid the big amount of money that was 13 in the claim, but fitzpatrich told me that the claim 14 I had been removed and that Trump had agreed to pay 15 them but had not paid them yet. 16 I. Q. So you are telling me that Mr. 17 Fitzpatrick related to you that they were having '18 difficulties getting current payments? 19 A. Absolutely, absolutely, yes. Accounts 20 receivable, accounts payable, financing with Mr. 21 Trump. 22 Q. The problems that you were experiencing 23 with payment, did you andicate at all to Mr. Barry 24 that you would like his assistance in trying to 25 rectify that matter? 5 FARM ROAD DOERNER, GOLDBERG FRANNICOLA. INC. 3,3950 ROSELAND. {9.107038 20144041067 REPORTERS 201-933-9637 Case 9 not? 401 Filed 04/10/03 Entered 05117.06 14:00:10 0952 Transcript Of Deposition Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 51 of 8g1 1 McGahn direct 2 A. No. I wouldn?t do that with John. 3 John is an old friend of mine. we were just 4 commiserating on the things. 5 Q. Did you ask for any assistance by Mr. 6 Fitzpatrick or Mr. Alfano? 7' A. No, neither one. 8 Q. Did you indicate that you were unable 9 to continue to render the kind of services you were .10 I providing to Trump Plaea because of the lack of- 11 payments? 12 MR. Excuse me. I am going 13 to object only in thatiit's a vague question. Are 14 you saying in the letter or in the meeting? 15 I - MR. GREENE: There were many meetings. 16 A. There wasn?t many meetings. The ones 1? with Fitzpatrick and those people,r these were all 18 conversations. I 19 Q. Conversations, yes. 20 A. I told them I wanted to get out of the 21 case if I couldn?t get paid. Let?s put it that way. 22 Q. Do you recall the earliest point in 23 time when you felt yougcould no longer stay in the- 24 case because-you werenit getting paid? 25 A. Yes. This was way back in January of Sagg?g??ggf?? Egg DOERNER, GOLDBERG FRANNICOLA, INC. 291'740*0057 CERTIFIED AND REPORTERS 201-983-9537 Case 9 Transcript Filer] (Mil R102 Fntered 05117116_1A'nn'1 0 Deer; -11199-1Hw Dnr? 491 McGahn 4 direct 1990, I believe. And that?s when Trump settled with me for I reduced the bill._ He cried and everything else. And as you will read the.transcripts as you go through, Judge Gibson reached the same conclusion, that Trump ,Was in such had position that the reason that. Penthouse didn?t sue him is because they couldn't get anything -- is that Trump was in such bad position with his own creditors. It wouldn?t make any difference. That?s in the transcripts of Gibson. 80 that supports the position of me giving up the $475,000 and subSequently giving up another $60,000 a year later as a result of Ribis telling me the same thing. The 60,000, referring to the Q. retainers? A. That?s correct. Q. By the way, the retainers were never billed against in terms of hourly services; is that right? That?s A. Correct. Q. 'After yop experienced the payment problems in early 1990i you stayed with the case after you say you settled with Mr. Trump. Deposition Of Patrick T. McGahn Taken 4/7/93. (jpp) Page 52 of 87 52 5 BECKER FARM ROAD ROSELAND, N.J. 07068 201-740-0067 DOERNER, GOLDZBERG FRANNICOLA, INC. CERTIFIED REPORTERS 963 GREEN POND ROAD ROCKAWAY. NJ. 07836 201-983-9637 Case 9 mp 491 Filed mum/:13 95,117,115 1.30010 1393; Transcript Deposition Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 53 of 8'573 McGahn direct A. Because he had always paid. He always kept his word in the past. And he came up, and I knew things were tight. I knew things.were tight, but I reached a point where he promised me if Trump had sent me another 100,000 or 200,000 more on account, while he was paying other lawyers and giving big fees to other people and taking fees himself taking big fees himself okay, on the refinancing and so forth, setting up corporations to do that very thing the Casino Commission made him give the money back taking fees himself, which I knew about, and wasn't paying me, I had reached a point with him. listen, "Donald, you are my I say, You friend. That?s it. We can?t go any further. have your bond payments. You have your mortgages. My people have their mortgages. They have theirs, and I am not financing you." Q. Did you decide at any time from that point forward to cut back on any of the attorneys involved in the case? A. We triedito. We tried to out back, and we did cut back.- We didn?t go to a lot of the depositions as a result of that, yes. 963 GREEN POND ROAD ROCKAWAY, NJ. 07866 201-983~9837 '5 BECKER FARM ROAD noseuwo. NJ. 07053 DOERNER, GOLQBERG FRANNICOLA, INC. CERTIFIEDESHORTHAND REPORTERS Case DOC 491 Filed 04/15/93 Entered 05/17/16 14:00:10 Dean Transcript DepositiOn Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 54 0f 8'5/4 1 McGahn direct 2 Q. When you say meaning 3 A. Any of us. Anybody that we thought 4 that was particularly see, towards the end, the 5 latter part of the year of 1991 was the experts, so 6 there was no need for us to be involved. We were 7 involved in a couple of those, but we didn't have to 8 go any further. 9 Q. But I?m talking now in 1990 and, let?s 10 say, into 1991. 11 A. I think we cut back. I think we we 12 did out back to maybe from two attorneys going to 13 only one attorney going with me. Somebody had to go. 14- Somebody was going to try this because w? I got 15 malpractice insurance. I've only got 10 million.- If 16 they get a judgment, you know, for 20 million, they 17 can collect it. 18 All right. So I am not not interested 19 in doing part-time work for Donald Trump and then 20 having Donald Trump sue me or stockholders sue me 21 "McGahn, you are?representing Trumo Plaza and you 22 Show up, what, once every two weeks: and you are in 23 the case, and you are tupposed to be in the case." I 24 I can't do a job half?ass. Okay. 25 Q. Were you cutting back on any work that 5 BECKER FARM ROAD DOERNER, GOLQBERG FRANNICOLA, INC. HOSELAND. NJ. 07053 201-740?0067 CERTIFIED-SHORTHAND REPORTERS 201438349337 Case DOC 491 Filed 04/15/93 Entered 05/17/16 1411010 Deer Transcript Deposition Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 55 of McGahn direct was done in the office? A. Yes. Q. And how could you identify that for me? A. Just didn?t do it. That?s all. We just didn?t bother reading the stuff that came in. Q. Did you cut back in the attendance of any court appearances? A- No, I believe_WB made the.court appearances. Trump always wanted me there with Gibson, for whatever reasons Trump had. Trump a probably investigated and found out that way back that my brother had appointed Tony Gibson to the bench and thought he would get some favorable results because I was in the case. And Gibson is a straight guy, and you don?t get that from Tony Gibson. Q. Did you ever tell Mr. Trump that your Ibrother appointed Judge Gibson to the bench? A. No, I didn?t. No, I didn?t. Q. Do you know how Mr. Trump became aware of that fact? General knowledge. A. MR. ABRAHOWITZ: Excuse me. A. General knowledge. MR. ABRAMOWITZ: There is an assumption 963 GREEN POND ROAD ROCKAWAY. NJ. 0?866 201-983-9637 5 BECKER FARM ROAD ROSELAND, NJJ. 07068 201-740-0067 DOERNER, FRANNICOLA, INC. CERTIFIED-SHORTHAND REPORTERS Case 9 Transcript -11188.-.1HW 110:401 1:000 04115103 amazed. 05.0.2700 14:00:10 [Jess Deposition Of Patrick T. McGahn Take-n 4/7/93. (jpp) 04/19/93 Page 56 of 8E6 McGahn direct that he knew of it. So I?m MR. QREENE: Mr. McGahn said MR. ABRAMOWITZ: He said "perhaps." If you want to read the record. he said "perhaps." A. Trump discussed it with me. Q. "'Tell me more'abOUt this discussion. A. I don?t recall when it was or where it was, but I know that he discussed it with me. Q. The subject was the appointment A. Of Gibson. Q. of Judge.Gibson? A. Right. That my brother had appointed him to the bench. That was all. "Was that true?" And I said, "Yes, it was true." Okay. I Q. Did you indicate in any way that that would enhance Mr. Trump?s prospects in any case before Judge Gibson because of your inyolvement in the case? A. Absolutely not. If anything, to the contrary. Tony Gibson is absolutely straight. He calls them straight, nb matter who it is or what it is. You will see how he banged Steve Persky?s nephew in the case when he said that, "We can fuck up the legislation." HOSELAND. N.J. 07068 201-740-006? DOERNER. GOLDBERG INC. CERTIFIED SHORTHAND REPORTERS 201-983-963? 963 GREEN POND ROAD ROCKAWAY, NJ. 07366 Case 99-11188-JHW- DOC 491 04/15/93 Entered 05/17/16 141004 0.. Deer Transcript Of Deposition Of Patrick T. McGahn' Taken 4/7/93. (jpp) 04/19/93 Page 57 of 1 McGahn direct 2 That?s in the transcript, and that's 3 the words he used. 4 MR. WALDT: "Litigation." 5 A. "Litigation" okay. 6 Q. The degree of scaling back that you 7 have just described in general terms to me, was there 8 any response of Mr. Barry to that lesser involvement 9 of your office in the litigation? 10 A. (No, because at that time they were 11 working more on the ?-.when they needed us, he would 12 talk to us. The experts would talk to us. But they 13 were doing the experts during that latter part of the 14 time. 15 Q. But insofar as cutting back the number 16 of people who would be attending depositions, such 17 as, you had another person as opposed to you and two 18 other persons? 19 Well, I told you my problem with Jimmy 20 Isman, his sickness. I had to make sure that there 21 would be somebody there who knew exactly what was 22 going on. 23 Q. What I am trying to ask you is whether 24 or not Mr. Barry had ihdicated that the reduction in 25 the number of services your firm was rendering to Mr. 393g) DOERNER, GOLDBERG FRANNICOLA, INC. 201-740-0057 CERTIFIED SHORTHAND REPORTERS 201-983-9637 Case 9 41189?114?! Dnr? 40:1 Filed 04/1 *3/93 Fn?rered 05!1?!16 14:00:10 Deer: Transtript Of Deposition Qf Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 58 of 8E8 1 - McGahn direct 2 Trump's defense, Trump Plaza?s defense, was affecting 3 the case negatively? 4 A. I don?t think Barry and I ever 5 discussed that. No. 6 MR. ABRAMOWITZ: Can I ask a favor? 3 Can.we take a break for five minutes. It?s a quarter 8 after. 9 I I I THE WITNESS: Well,_letfs_go off the 10 -- 'reoord. 11 (There was a break from 11:20 to 11:36, 12 after which the deposition resumed.) 13 (Reporter marked for identification 14 Exhibit No. 8-6~90 Letter from Mr. MoGahn to 15 Mr. Trump.) 16 Q. Mr. McGahn, we have just marked as l? your letter of August 6, 1990, to Donald 18 Trump, in which I?ll read therefrom: 19 I "In addition, you will note there is a 20 substantial reduction in the use of personnel as well 21 as work performed, will continue. But I 22 will do what I think it necessary in order to win." 23 That?s the last paragraph of your letter. 24 A. Yes. 25 Q. This letter as of August 6, 1990, DOERNER, GOLDEBERG FRANN-ICOLA, INC. . 2014454057 CERTI FIED SHORTH AND REPORTERS 201 93341537 Case 9 Dec 491 Flied 04,115,403 Estate-ad 05.31016 14:00:10 033:: Transcript Of Deposition Of Patrick T. McGahn Taken (jpp) 04/19/93 Page 59 of 87 1 MoGahn direct 2 reflects your decision to reduce the use of personnel 3 as well as the work performed as of that time. Did 4 that, in fact, take place? 5 A. Yes, it did. Yeah, it was ?90 or '91. 6 1 I wasn?t sure, but I thought it was ?90. 7 Q. Do you know whether it was earlier than 8 August of 1990? 9 - A. I don't hnow. 10 Q. Was ther? any between that time of 11 August, 1990, when you advised Mr. Trump that there 12 would be a reduction in perSonnel as well as work 13 performed, was there any statement from you to Mr. 14 Alfano or Mr. Barry regarding the effect that it had 15 on the conduct of the defense of the Trump parties? 16 A. I don?t know whether we discussed it or 17 not. We oould have. I just don?t recall. 18 Q. You don?t recall? 19 A. At this time I don?t recall. 20 Q. The reduetion that evidently began in 21 August of 1990, at leaet noted as of August, 1990, ?22 included among other things, reducing the number of 23 people attending depositions; is that right? 24 I A. I believe so, yes. 25 I Q. Do you recall where else there was a sesame? WERNER. GOLDBERG FRANSICOLA. me. sesame? 20144041067 CERTIFIEDQSHORTHAND REPORTERS 1201-9839637 Case 97-1 DOC 491 Fn?rered 0hl17/16 14'00'10 Deer Transcript Of Deposition Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 60 of 8760 1 McGahn direct 2 reduction in the number of personnel and what types 3 of services? I 4, A. Probably in the drafting of motions and 5 things of that nature. 6 Q. Now, yo?r firm drafted motions in this 7 case? i 8 A. Yes, dra?ted briefs for the motions and 9 participated. You wili see you will see my letter 10 there. I don?t know, when was that that was 11 probably January of February, February 28th of 12 1990, I think. 13 Q. Thatfs when you sent 14 A. That was one of the w~ that was one of 15 the large ones that we did. but we participated in 16 the others. 17 Q. The February, ?90 motion that you are 18 referring to was the motion for partial summary 19 juddment? 20 A. That's right. 21 Q. I think we marked that 22 A. YesMr. Isman?s deposition? 24 A. Yes, we did. 25 Q. All right.: Other than that motion aemm 39022 WERNER. GOLDBERG FRANNICO-LA- C- 37%? 201;?40m67 CERTIFIEDESHORTHAND REPORTERS 201-983'9537 Case Dar ?191 FHPH 0.41/1 Fnterpri 05.117316 14:00:10 @939 Transcript of Deposition. Of. Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 61 of 1 McGahn - direct 2 which your firm drafted, what other motions did your :3 firm draft? 4 A. We assisted in the drafting of other 5 . motions. Just what they are right now, I don?t I 6 don?t know, but you can refresh my recollection. 7 . MR. GREENE: Okay. had marked, Mr. 8 Abramowitz; for your knowledge, 9 MR. ABRAMOWITZ: I?m aware. 10 i MR. GREENE: March 28, 1993. 11 Q. So you?re telling me other than that 12 motion you assisted in the drafting of other motions? 13 A. I didn?t, personally. 14 I Q. Your firm? 15 a A. Yes. I discussed them. I discussed 16 them all with Alfano, Barry, Fitzpatrick, you know. 1? Mine was a question, as I told you, of strategy. I 18 I was the puppeteer of this group. I was the guy with 19 Jim Isman who had the knowledge and the facts and 20 everything else. 21 You?ve to realize that Clapp 22 Eisenberg never came in this case until after the 23 - deal was cut with Trum?, or during the contract with 24 Trump. 25 Q. Okay. 5 BECK-ER FARM ROAD DOER NER, GOLDEUBIERG FRANNICOLA, INC. $335159?th HOSELAND. NJ. 07068 201440?006? REPORTERS 207'933-9537 Case Bar 4631 Filed nit/18193 aim Kyla 14:00:10 9939 Transcript Of Deposition Of Patrick T. McGahn Taken (jpp) 04/19/93 Page 62 of 822 McGahn - direct 2 A. Okay. 3 Q. What people at your office besides Mr. 4 Isman drafted motions on behalf of the Trump parties? 5 MR. ABRAMOWITZ: Excuse me. I am going 6 to object. 7 I A. Whatever the record indicates. 8 MR. ABRAMOWITZ: I think that the 4? I ?9 would disagree with the use or the word "draft? 10 because I think the answer was that there was input. 11 I think that you had indicated that the one drafted 12 that you had was 13 I think it?s been Mr. McGahn?s 14 testimony and Mr. Isman?s testimony that there was 15 input on motions, so that, when you use the word 16 "draft," it may be an erroneous designation. 1? MR. GREENE: There was "input." I will 18 use that word. 19 MR. ABRAMOWITZ: Fine. 20 Q. Did your firm draft any requests for 21 document production in?the case, or did you have, 22 input in that? 23 A. I don't recall. I mean, whatever the 24 records reflect and who did what, that was what was 25 done. I,?personally, no. I know specifically, assesses mama. comm ammoch- sensors? 20144043067 CERTIFIEDEESHORTHAND REPORTERS 201?983-963? Case 99-11_1ge_-1Hyy nor AQ1 F1th 0411:3193 05,1 7,1 5 143910 9.33.; Tran-seript Of Deposition Of Patrick McGahn Taken 4/7!93. (jpp) 04/19/93 Page 63 of 823 1 McGahn direct 2 though, that George Miller and Dennis Tuohy had 3 little or nothing to dO'With with the Trump case. 4 Okay. Miller, I thought, had a little bit more to do 5 than 34 hours, but Dennis Tuohy had not much at all. 6 Q. All right. Let?s look at Mr. Miller?s 7 time entries from the bills which you have before 8 you, which were marked P?l. 9 A. 'Sure. Tell me what they are._ 10 - MR. ABRAMOWITZ: Can I ask a favor.l 11 You have already given it to me, which is the top 12 sheet. 13 I . MR. GREENE: I think that was faxed.tc 14 you when we had a conference call with dudoe Wiener. 15_ MR. ABRAMOWITZ: Could i ask just to 16 make a copy of that because the two numbers at the 17 bottom of my sheet were illegible. 18 MR. GREENE: Which numbers are you- 19 talking about? 20 MR: ABRAMOWITZ: The bottom. If I 21 could just photocopy the top sheet, could I do that 22 now?? Just make me a photocopy of the the top sheet. 23 (There was a discussion off the record, 24 after which the deposition reSumed.) 25 Q. Did you have did you draft, not have Daemon, commas FRANNICOLA, INC. 201-??o-0067 AND REPORTERS 201?983-963? . Case 92-11188-JHW DOC 491 Filed 04/15/93 Entered 05/17/16 14:00:10 Transcript DepositiOn 01? Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 64 of 824 McGahn - direct input, any briefs besides the brief for the motion for partial summary judgment, your firm, I mean?. A. I.am sure there were briefs drafted, yes. Q.- As.opposbd to merely having input? A. Yes. i Q. Can you identify what those briefs are? A. I wouldn?t know what right now. Whatever the reCord reflects, it reflects from the- records. Q. meaning what? A. The billings. Q. The billings? A. The billings is about the best records that I have. Q. So if I had access to your files, I would see the briefs in your files which you say are reflected in the record? Mr. A. Greene, you have been there three times already. You could bring in ten people that you wanted each time to go look at those files. You have looked through those files. I mean, hhatever is in those files is You have in those files. I didn?t remove anything. 963 GREEN POND ROAD ROCKAWAY. NJ. 07866 201-983?9637 5 BECKER FARM ROAD HOSELAND. N.J. 0Y068 201-740006? DOERNER, GOLDBERG FRANNICOLA, INC. CERTIFIEDSHORTHAND REPORTERS Case 0013491 Filed 04/15/93 Entered 05/17/15 14-00-10 Dear; Transcript Of Deposition Of Patrick T. McGahn Taken 4/7/93. (jpp) Page 65 of 825 MCGahn direct 2 been very helpful in your pursuit of getting 3 documents that I didn?t realize even existed, and for 4 that I thank you. That?s my answer. .5 Q. So if briefs were drafted by your 6 office as opposed to mgrely having input in the 7- briefs drafted by Clap% Eisenberg, they would be in 8 Iyour file? 9 I A, II whatevergis there is there._ There is 10 nothing removed. I 11 Q. Okay. 12 A. It's obvious there is nothing removed 13 because of the documents that you have come up with, 14 I documents that were helpful to you and helpful only talking about briefs. 16 A. I don?t know, whatever is there. I 17 don't know what?s there. 18 Q. Did you file did you draft any 19 discovery motions in this case: not having input. but 20 did you draft any notions? 21 I MR. ABRAMOWITZ: Excuse me. When you 22 say "draft," so that Igunderstand, when you say 23 "draft," did you mean that we submitted it under Our 24 signature? Or do you been that we did we may have 25 submitted some documents which were later used by Egg? DOERNER, GOLDBERG FRANNICOLA, INC. 201-740-0057 CERTIFIEDESHORTHAND REPORTERS Case 9 Dec 491 Flies 0411593 Entered 0.5!17!15 14.3010 [less Transcript Of Deposition Of Patrick'T. McGahn Taken 4f7/93. (jpp) 04/19/93 Page 66 of 8766 McGahn - direct 2 Clapp Eisenberg? 3 Let me explain why. Because the 4 testimony was replete for Mr. Isman that almost every 5 I paper in this case was?filed by Clapp Eisenberg. 6 That doesn't mean that there wasn?t input. 7 So when $ou say "draft," the problem 8 that I have is?. a draft is a written piece a 9 written instrument. Are you saying that the draft 10 'was submitted with our mane to the court?' I donit 11 understand the question. 12 MR. GREENE: I think it?s easy, but I 13 am saying I 14 Q. Did your firm compose and then get _15 inout from Clapo Eisenberg on any discovery, 16 motionWhatever is in the files is in the. 18 files, and I'don?t know at this point what?s there. 19 But whatever is there is there. You have had three 20 months to come down and look at them, so you should 21 know more about those files than I have. 22 Q. Let?s go to the billings for Mr. 23 Miller?s time on 24 A. Sure. Tell me where. 25 Q. April 11, 1990. 5 BECKER FARM ROAD DOERNER, FRANNICOLA, INC. ROSELAND. NJ. 07063 201?740~005? CERTIFIED SHORTHAND REPORTERS 201883-9637 Case 92-11188-JHW DOC 491 Filed 04/15/93 Entered 05/17/16 14:00:10 Desc Transcript Of DepOsitioh Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 67 of . -1 MoGahn direct 2 A. Okay. You are talking about an hour 3 and three quarters? 4 Q. No. I am sorry. I meant to refer you 5 to April 24, 1999. There is an entry there for Mr. 6 Miller. 7 A.- Where? 8 Q. April 243 1990. 9 A. Yes. I 10 Q. Okay. 11 A. "With Donald, libel and slander suit, 12 Weidner nad Poppet [phonetic]," right. 13 Q. Just to state it completely, I will 14 quote it: "Conference with Donald, Re: libel and 15 slander suit against Weidner and Poppet: Re: deps of 16 Weidner, 4-17." You had what appeared to be a .55 17 entry? 18 A. That's a 15-minute entry. 19 Q. Was that a oonferenoe or a telephone 20 call conference?" 21 A. I don?t know. 22 Q. Okay. 23 A. Probably?a telephone call. 24 I Q. On that game date strike that. 25 Yes. On-that same date, yes, on April DOERNER, GOLDEBERG FRANNICOLA, INC. ?gg?a?e? 3,3359 201?740?0057 CERTIFIEDESHORTHAND REPORTERS 201-933'9537 Case Dec 491. Entered 05/17/1514-00-10 npq? TranscriptOf Deposition Of Patrick Taken 4/7/93. (ipp) 04/19/93 Page 68 of 8E8 McGahn - direct .2 24th, you also had a conference ?Conference with 3 Donald, Rea libel and slander suit against Weidner 4 and Poppet; Re: deps of Weidner, 4ul7." 5 A. Right. 6 Q. same amognt of time? 7 A. Right. Ihat was probably a conference .8 call, in which I was probably sitting in Donald?s 9 office, because I was in New York that dayYou were in Donald?s office when that 11 took place? 12 - A. Probably, yes.- 13 Q. Was Mr. Miller in Donald's office? 14 .A. No, I don?t think so. In fact, I know 15 he wasn?t. I 16 Q. Is that entry the verbatim entry that 17 5 you put in your original time sheet? 18 A. I must have -- yes. 19 Q. And I take it that Mr. Miller's entry 20 is also the verbatim entry that he put in his time 21 sheet? 22 i A. Yes, I would think so. 23 Q. Let?s go_to May 18, 1990. 24 I A. May 18th? May 4? 25 Q. On May 13th, 1990, Mr. Miller had an 390g? DOERNER, FRANNICOLA, INC. ?g?g?i?fm 3,333 201-74eooe_ 7 CERTIFIED isnonmmn REPORTERS 20"953'9537 Case 9 Transcript one 40:1 Filed 041:1 Rm 10:00:10 .005 Deposition O'f Patrick T. McGahn Taken 4/7/93." (ipp) 04/19/93 Page E9 of- 829 McGahn - direct entry, "Review of notice of deps, duces tecum, of Henry Carvell," .50 hours. A. Yep. Q. MR. ABRAMOWITZ: Excuse mer .25. You Isaid .50. A. Yep. MR. ABRAMOWITZ: Is that correct? MR. GREENE: cerrect. I am sorry. A. It's 15 minutes. Q. All right. And on that same date you had the same verbatim entry: did you not? A. Yes. Q. For the same amount of time? A. Yes. We-probably discussed who the hell Henry Carvell was. Q. on May 20th MR. ABRAMOWITZ: Excuse me. That is not correct, and the documents will reflect that it's not correct, because it says that Mr. Miller reviewed a notice for .50 and that Mr. McGahn reviewed. And it was .25. So they a%e not identical. MR. That's what I said. You corrected me and said it was .25. 5 BECKER FARM ROAD sesame, NJ. 07068 DOERNER, GOLDBERG FRANNICOLA, IN C. 963 GREEN POND ROAD HOCKAWAY. NJ. 0?866 201?740'0057 CERTIFIEDESHORTHAND REPORTERS 201'933'9537 Case pm: 491 Filed 04/15/02 0511211514-00-10 neg; Transcript Of Deposition Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 70 of 1 McGahn - direct 2 - - MR. ABRAMOWITZ: You said they are' 3 identical. One is .50 and the other is .25. 4 MR. GREENE: Okay. Let me Clarify. I 5 said the entry of the description of service was- 6 identical, is what I meant to say. And you agreed 7 with that. 8 . MR. ABRAMOWITZ: Yes. 9 . MR. GREENE: Okay. Mr. Miller put in 10 .50 hours. Mr. McGahn put in .25 hours, but we do 11 agree ?e I 12 - THE WITNESS: Where is Miller okay, 13 right. I - 14 Q. So the description of the services_is 15 identical in all respects? 16 I 'Ia. Right. No, no, because he may have 17 called somebody or done something else there, other 18 than eithout me. I think we discussed it, and then 19 he took it from there. 20 Q. But you are speculating? 21 A. I am speculating. You are right. 22 Q. Okay. Oh May 20, 1990, Mr. Miller had 23 - an entry for 2.50 hours for, "Meeting with Glasgow 24 and Johnson on new ing?irer story, Re: Pratt, 25 Weidner, and state police investigation." assesses (some FRANNICOLA. i-Nc- assesses? 201440-006? CERTIFIED REPORTERS 201-933'9537 3mm. . . ., u, Case 92-11188-JHW Dec 491 Filed 04/15/93 Entered 05/17/16 14'00-10 Deqc Transcript Of DepositEOn 'Of Patrick-T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 71 of 831 1 McGahn direct 2 A. Yes. 3 Q. And on that date, also, You had a 4 verbatim entry for that servioe for the same amount 5 of time; is that correct? 6 A. Correct. 7 'ln On May 23,'1990, Mr. Miller had an 8 entry for May 23, 1990, Mr. Miller had an entry 11 for, "Meeting in New York with Barry and Alfano on 12 the expert witnesses," four hours. 13 a. Yep. l4 Q. And on that same date did you also have 15 an entry for the same description for the same amount 16 of time? 17 A. Yes. 18 Q. Do you know, now, as yon look at that 19 which-expert witness did that meeting concern? 20 A. Yes, I think that probably was Hay and 21 Dunbar and who they were going to get and so forth, 22 or what the story was. 23 Q. Those wete antitrust expert witnesses? 24 a. Yes, yes. 25 Q. Can you tell me what role, if any, Mr. mg DOERNER, GOLDBERG FRANNICOLA, INC. 308360 201-740~006? CERTIFIED REPORTERS 201-933'9537 Case 9 Dori 401 Filed 04/15qu Fntered 05217710 14:00:?l0 Deer; Transcript Deposition or Patrick T. McGahn Taken 4/7/93.Upp) 04/19/93 Page 72 of 8% 1 I McGahn direct 2 Miller had in that meeting regarding the antitrust 3 expert witnesses? 4 A. I don?t recall. At that time we were 5 probably there to discuss other things with Donald in 6 Donald's office in New York. But that was the -- 7 that was the crux of the expert witnesses. 8 That was the same thing as when we met 9 with the expert witnesses on the night that Steve 10'" Hyde got killed in New York ?-'not got killed in New 11 York. He got killed on the Parkway coming down. 12 Donald was never going to be On the 13 helicopter. Donald had a meeting with us scheduled 14 that night with the expert witnesses at 6 o'clock. 15 I So he put out big press releases to the 16 effect that he was going to be on the plane. He Was 17 just lucky. That was absolutely not true, because 18 Donald had an appointment with us at 6 o?clock that 19 evening in New York. 20 And I think we showed you those notes, 21 handwritten notes of Mr. Isman_where we called the 22 state police and everyone else from New York to 23 ascertain what the sittation as to the bodies and 24 everything else. 25 So I know that we met with the expert FRANNICOLA, INC. 3733,? 2014400067 CERTIFIEDISHORTHAND REPORTERS 291'953?9537 Case Dog 491 Fi1e_d104/15/9_3_ Fnterved 05/17/16 1400-10 npqn. Transcript Deposition Of Patrick T. MCGahn? Taken 4/7/93. (jpp) 04/19/93 Page 73 of 8:53 McGahn direct witnesses, and these were done in Donald?s offices in New York. (There was a discussion off the record, after which the deposition resumed.) Q. On May 30, 1990, Mr. Miller had an entry for 1.5 hours. That's May 30, for, "Continue to work on motion, brief, reply brief, reply brief, and answer brief of Crummy." Do you see that? IA. I Q. And on that same date, did you not also have an identical entry for that type of service in which you recorded 1.25 hours? A. I am sure I am sure that we both did do something, and that was a detailed discussion of that of that whole situation of the motion and briefs and what we were going to do and everything else in that. MR. ABRAMOWITZ: Excuse me. Did you say that those were identical or not identical? MR. GREENE: Identical except for the amount of time. MR. Well, let?s back up a second. I I just wanted;to you are talking about 5'30? 5 BECKER FARM ROAD HOSELAND. N.-J. 07068 963 GREEN POND ROAD ROCKAWAY, NJ. 07866 201-?40-0067 CERTIFIED SHORTHAND REPORTERS 201?953'9537 Case 97-11188-JHW DOC 491 Filed 04/15/93 Entered 05/17/1614'00'10 Deer. Transcript Of Deposition Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 74 of 834 1 McGahn - direct 2 MR. GREENE: Um?hum. 3 MR. ABRAMOWITZ: With Mr. Miller at '4 1.50, and it says, "Continue to work on motion, 5 brief, reply brief, reply brief, and answer brief of 6 Crummy." Is that correct? 7 MR. GREENE: Correct. 8 - MR. ABRAMOWITZ: And you are then .9 asking about Pat's time on that same thing? 10 MR. GREENE: I didn?t ask -- 11 MR. ABRAMOWITZ: The point is, that?s 12 not an identical entry. There is identical time, but 13 - it just says, "Review of new material, Crummy, on 14 motions and outline." 15 MR. GREENE: No, I am looking at 16' another entry by Pat McGahn on that date, Arthur- 17_ I MR. ABRAMOWITZ: Which one are you 18 looking at? 19 MR. GREERE: The one on May 30th where 20 Mr. McGahn's entry is, ?Continue to work on motion, 21 brief, reply brief, reply brief, and answer brief of 22 Crummy," 1.25 hours. 23 MR. ABRAMOWITZ: Yes, but I am saying, 24 though, that there areitwo entries there, one for 25 1.50 and an additional one for 1.25 in connection S?ggfiggjig? 390133 DOERNER, GOLDBERG FRANNICOLA, INC. 3,3360 201-740-0067 REPORTERS 201-983?963? Case Doc 491 Filed 04/15/93 Entered 05/17/16 1420010 Desc Transcript Deposition Of Patrick T. M'coahn Taken 4/7/93. (jpp) [Eon 04/19/93 Page 75 of 835' McGahn - direct with those briefs. MR. GREENE: I see that. MR. ABRAMOWITZ: I don't but Okay. I think it would be improper to just say it?s an identical entry for that date.- A. There must have been other discuSsions on that-also, because I can see that we discussed it with Barry and Alfano that day. too. Jim Isman did, ?so that we were all Working together, along with me. And I can see, yes Miller was not in on that conference, though. Q. Mr. McGahn, how did you account for the identity of the description of the service by yOu And Mr. Miller in all these instances? A. Thatis what took place. IQ. I am not saying let me put it to you this way. Did Ms. Brubaker have any role A. You will-get a chance to ask her that. I don?t know. Q. On June 4, 1990, Mr. Miller had an entry for, a "Meeting with Koslov Re: Soto deps, attorney general, A1 Glasgow, documents," took 1.25' hours . I also note that on that same date you 953 GREEN POND ROAD ROCKAWAY. NJ. 07868 201-983-9637 SBECKERFARMROAD N.J. 01068 201-740-0967 DOERNER, FRANNICOLA, INC. CERTIFIEDESHORTHAND Case 99?31188..1Hw Doc 493 Transcript Filed 04/1 *3/03 Entered 0Rl17l16 14130-1 13 Desi: Deposition 01? Patrick T. McGahn Taken (jpp) 04/19/93 Page 76 of 836 McGahn - direct had an identical entry, ?Meeting with Koslov, Re: Soto deps, 1.25 hours. A. Q. meeting? believe a body.wire-or something with_the state A. attorney general, Glasgow, Yes. Do you recall the substance of that Yeah. police with Meyerson. Q. Glasgow, you said, was cooperating with the state police to A. my best recollection on that, because the meetings that were attended, he always had the state police sitting at another table and so forth. A. Q. Yes. wear a body mike? According to Glasgow, he was. according to Glasgow and so forth. Q. in June, Donald on antitrust motion on Thursday"; .75 hours. Q. AI specifically, Mr. Miller had entries on other June 16th, for, What data was that? .June 16, 1990. Okay. Meeting with Donald, yep. documents," Glasgow setting up the ?w I That?s This is "Meeting with dates 5 BECKER FARM ROAD ROSELAND, NJ. 07068 201-340-0067 DOERNER. GOLDBERG INC. CERTIFIED SHORTHAND REPORTERS 953 GREEN POND ROAD ROCKAWAY. NJ. 07866 201-983-9637 Wm . Case 9 . [300401 Filed 04,115qu Fnterpd 05,117,415 143919 993.; Transcript Of Deposition Of Patrick T. McGahn Taken 4/7/93. (ipp) 04/19/93 Page 77 of 1 McGahn direct 2 Q. I You also had a meeting on June 16, 3 1990? 4 A. Right. Same identical entry. Right. '5 Okay. For three quarters of an hour with Donald, 6 right. 7 Q. Did Mr. Miller always do everything 8 together with you when he was active in this case? 9 A. Not everything, but we ff it?s always 10 been our practice to make sure that two people are 11 present, and we don?t have a problem of people lying. 12 Q. You are meeting with your client? 13 A. That?s right, your client. Hey, Trump 14 is a leader in the field of expert he?s an ekpert 15 at interpreting things. Let?s put it that way. 16 Q. That?s interestingly put. As I recall 17 in your letter to Mr. DeSanctis, which we marked 18 yesterday, you indicated the policy of your office 19 was to have two attorneys present for meeting with 20 public officials? 21 A. Correct. 22 Q. Here, you are meeting with your client? 23 A. That?s right. - 24 Q. Was it necessary for both you and Mr. 25 Miller to always attend the meeting DOERNER, FRANNICOLA, INC. 3,3360 201 -740-0067 CERTIFIED: SHORTH AND REPORTERS 20138343637 Case DOC 491 Filed 04/15/93 Entered 05/17/16 14:00:10 Desc Transcript Of Deposition Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 78 of 838 . McGahn - direct 2 A. We always do that. 3 Q. Always? 4 I A. We tried to do it with Donald always if 5 we oculd because Donald says certain things and then 6 . has a lack of memory. 7 Q. And was it your practice for either you 8 or Mr. Miller or both of you to memo the file 9. regarding the substance of the remarks by Mr. Trump? 10 A. Sometimes we did. Sometimes we didn?t. 11 Most of the times we didn?t. 12 Q. I Let's go to Mr. Forman. On April ?nd, 13 1990, Mr. Forman had an entry for six hours 14 MR. ABRAMOWITZ: What date was that? 15 MR. GREENE: April 2, 1990. 16 Q. for, "Working on the response to 17 jury trial issue," do you see that? 18 A. Yes. 19 Q. And on April 3, 1999, he had an entry 20 for 8.5 hours, for, "Continue on the reply motion, 21 reply motion, jury trial, et cetera.9 I 22 i A. Yes. 23 Q. And, indeed, in many other instances in 24 Aoril, Mr. Forman recorded time for the jury trial 25 issue. I take it that reflects his research on the 32.2? WERNER GOLDBERG FRANNICOLA. INC- semi.st $335? 2014404306? CERTIFIED SHORTH AND REPORTERS 201-833?963? D00 491 Filed 04.115193 Entered 05,117,110 14:00:10 Dess CaseQ Transcript Deposition Of Patrick T. McGahn Taken (jpp) 04/19/93 Page 79 of 839 MCGahn direct jury trial issue? A. Yes. Q. As well as drafting of a response to a motion on the jury trial issue? And discussions with me and so forth. A. Q. Okay. Was Mr. Forman?s reSearch and knowledge on this issue shared with the Clapp firs? -A. Yes, through Jim Isman. Q. Through anyone else besides Mr. Isman? A. Myself, maybe. Q. Through anyone else besides you and Mr. Isman? A. I don?t know. I don?t see it might have been Cathy Tuohy. I don?t know. Was Mr. Forman's work ever shared with Q. the Clapp firm by way of his briefs or memorandum? A. I believe so. Q. Mr. Forman?s research on the jury trial issue then was the inppt that was provided to Mr. Alfano and Mr. Barry purposes of those motions and appeals?_ THE WITNESS: Would you read that back? (Reporter read back pending question.) MR. ABRAMOWITZ: I am going to object 963 GREEN POND ROAD ROCKAWAY, NJ. 07866 201-883-9637 DOERNER, FRANNICOLA. INC. CERTIFIEDESHORTHAND REPORTERS 5 BECKER FARM ROAD ROSELAND. N.J. 07068 201 3140-0067 Case DOC-491 Filed Fntered 05/17/16 14'00'10 jeep Transcript Of- Deposition Of Patrick T. McGah?n Taken 4/7/93. (jpp) 04/19/93 Page 80 of 8; 0 1 McGahn direct 2 and place an objection to the question for this 3 reason. There have already been questions posed 4 about the fact that Mr. Isman, in fact, was the 5 person who interfaced with Mr. Alfano.and also 6 members ef the firm. 7 So I don?t know if Mr. McGahn would 8 have had knowledge as the ultimate utilization or how 9_ . these documents were ultimately used and/or conveyed 10 to Mr. Alfanof 11 I And if you know, fine, but, if not, it 12 may he something Mr. Isman dealt with rather than- 13 you. 14 A. I really don?t understand the-question. 15 I I will be very honest with you. 16 Q. Okay. Well, I am trying to identify 17 i A. IThat's only one of two questions you 18 I asked me that I didn?t understand in two days. 12 HQ. I appreciate 20 A. I really don?t understand. 21 Q. I appreciate your attention and your 22 cooperation. I am trying to identify the kind of 23 input, though,.that Forman had, who appeared to 24 be working largely on research and the drafting of 25 legal memoranda and so forth. WERNER GOWBERG FR-ANNICOLAs eeamme 201-740-0067 REPORTERS 201~983?9637 Case DOC 491 Filed 04/15/93 Entered 05/17116 14:00:10 Desc Transcript Of DepoeitiO?'Of Patrick TIMcGahn Tak?en 4/7/93. (jpp) 04/19/93 Page 81 of 831 1 MCGahn direct 2 If Mr. Isman was the interface with 3 Clapp Eisenberg, as well as you for that matter, I would presume Mr. Forman?s work would be conveyed 5 either through both of you or through his actual work 6 product to Clapp Eisenberg. 7 - I - Or, alternatively, one 8 of you. It?s not just both of you. It could be 9 either of you.? 10 i i Q. Either of you, sure. 11 I MR. ABRAMOWITZ: But not necessarily 12 both. I 13 A. That's right, because that's the same 14 way with Clapp's office. We didn?t really do direct 15 dealihgs with the other people in the firm. We dealt 16 with through Alfaho. So really, although there 17" were discussions from time to time with Barry and 18 Fitzpatrick and on a very limited basis with_the' 19 other members of their or associates of their 20 firm. 21 Q. I had obtained from your files the 22 other day a couple of documents. 23 MR. GREENE: Could we mark those, 24 please. 25 MR. ABRAMOWITZ: May I see them first." meme egaaimee 201-740-0067 CERTIFIED SHORTHAND REPORTERS 201 4183-9537 Case 9 Dnr? 401 Filed 041.? L3193 Entered 05.!17!10 14:00:10 Deer: Transcript Of Deposition Of Patrick T. McGahn Taken 4/7/93. (ipp) Page 82' of 832 McGahn direct 2 MR. GREENE: Sure. 3 . (Reporter marked for identification 4 Exhibit No. Seventeen~Page Legal Memorandum: 5 and Six?Page Legal Memorandum.) 6 Q. Mr. McGahn, I?m going to show you the 7 -- docnments which I located in yonr Penthouse 8 litigation files, which appear to have been the sork 9 product of Mr. Forman, entitled "Memorandum of Law." 10 1 Do you recognize those? 11 MR. ABRAMOWITZ: Which is which? 12 is the shorter one. 10 - I MR. GREENE: They?re both entitled the 14 same. 15 MR. ABRAMOWITZ: Let he just make sure 16 for identification purposes. P-19 is six pages.. And 17 the other w" and the other one is 17 pages. 18 A. I Well, there is much more to this. 19 MR. AERAMOWITZ: ?Right. I 20 I A. Because it says, "My former brief is 21 - attached hereto and ma?a part of this brief." 22 Do I rec?gnize it? No, I don?t. Was 23 it done by, for our ofEice? Yes. 24 Q. In any written research which Mr. 25 I Forman performed, if it was, indeed, transmitted to sneezems WERNER, comm FRANNICOLA. me. easiaemae 20144041057 CERTIFIED SHORTHAND REPORTERS 201-983-9537 . Case 9 ?oor Dnr' am Filed nabs/0'4 Fntered 05:12,: ;0 :10 Transcript Deposition Of Patrick T. MCGahn Taken 4/7/93. (jpp) 04/19/93 Page 83 of ?MCGahn - direct Clapp Eisenberg for their consideration and incorporation, any briefing that they would do for the Trump parties, would that first be reviewed by you before it went out? because here I think A. I would think so, I just said "file" on this. Evidently, it was. I don't know. I know it was done in our office. Q. Let me put it this way to you. Is it fairly clear in Your mind that before'anvthing that Mr. Isman strike that ?u before anything that Mr. Forman had drafted, before it went up to Clapp Eisenberg, it wonld be reviewed either by you or Mr. Isman? A. a I would think that would be fair, yes. Q. And it would also be fair to state that this would go to either Mr. Barry or Mr. Alfano? MR. ABRAMOWITZ: I am going to object because we don?t know necessarily if it went to them. It may have gone to Mr. Fitzpatrick, and it could .have gone to associates or other people working on that. It?s speculative. A I a. II wouldnit know that. I wouldn't know the answer to thatApril 12, 1990, Mr. Forman recorded 963 GREEN POND ROAD ROCKAWAY. NJ. 07866 201-983-9637 5 BECKER FARM ROAD ROSELAND. NJ. 07068 201~740?067 DOERNER, GOLDBERG FRANNICOLA, INC. CERTIFIED SHORTHAND REPORTERS Case 9 Doc'491 Filed 04115l-Q-3- Fmered 05H 7/18 14-00710 Degr; Transcript Of Deposition Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 84 of 834 1 MoGahn direct 2 7.25 hours, for "Review new action to comply, full 3 discovery of joint defense communicationurelated 4 matters by Crummy.? '5 A. Right. That?s what it says. 6 Q. 'Do you know what resulted frOm Mr. 7 Forman's review of that motion? 8 A. I don?t know right now. 9, -Q. -On that same date Mr. Isman also__ 10 reported 5.5 hours on that motion. 11 A. I still don?t know. 12 Q. And Ms. Kelly Campbell on that date 13 also recorded 2.5 hours on that motion? 14 HA. I still don?t know. As of this time, I 15 don?t. 16 Q. Mr. Forman was employed full?time 17- throughout this period of time between April, 1990, 18 through October of 1991, with your office? 19 A. Yes. 20 Q. I take it all of his work in the 21 Penthouse litigation remained with the office? 22 A. I don't know what you mean by that. 23 Q. What I meant was that he didn?t'retain 24 his files for his personal 25 A. I don?t know what he did, I am sure. I ROCKAWAY. NJ. 07866 201-983-9637 5 BECKER FARM ROAD ROSELAND, 07068 201-740-0067 DOERNER, GOLDBERG FRANNICOLA, INC. CERTIFIED suonmmn REPORTERS Case Transcript Of Deposition Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page DUI: 49.1 Filed 04.315193 Entered 05/115116 14:00:10.. he? Lam; QM - MoGahn direct would think that he it would be in the office, yes. He did take stuff home and work on it. But Q. What did Mr. Forman do when he indicates on August 9, 1990, for eight hours, "Continue outlining file depositions, transcripts, organizing research, prep brief"? I - A. It was probably something I had asked .Aim?F9 d9 ?r_Jimmy had_asked him_t9.do- .1.d?n5t know 'whiah. I Q. I would presume by the words that are used in that time entry that there would be some written product there? A. I don?t know that. That doesn't necessarily follow._ Sol is a great_reader. Q. Was he a great writer? A. He probably was one of the best writers, but he would not write anything unless he was satisfied that he had all his facts together. Q. Did you ever find that he did a great deal of reading in this case but did not provide you with sufficient written memoranda to understand the ease? - A. No. He was pretty clear in making himself verbally understood as to what had to be 1o MECHANIC STREET RED BANK, 5 BECKER FARM ROAD HOSELAND. NJ. 07068 201-740-1100 DOERNER GOLDBERG, INC. REPORTERS .fln hnn- Case 912-1118841411? ?06491 Entered 05.173151 :3 Transcript Of T. McGahn Taken 4/7/93. (ipp) Oil/i983? 953236 of 8876 1 McGahn direct 2 done, and he also would do corrections and so forth. 3 His language was impeccable, as is Isman's. Jim 4 Isman is a real word mechanic besides being a good 5 lawyer. But Forman, likewise, is a word mechanic, as 6 is Sol Fries. 7 I . - I They were two Jewish boys that went to 8 Harvard Law School and the University of -- 9 . . during the was: we 9153.911?. for 10 Jewish boys to go, just very bright fellows, very 11 Wonderful people. It was a great ban against those 12 I of the Jewish and Catholic faith getting into such 13 schools. 14 I (There was a discussion off the record, 15 after which the deposition resumed.) 16 I MR. GREENE: All right. I think I have 1? concluded my examination of Mr. MoGahn. I appreciate 18 year taking the time to be here today. 19 1 MR. ABRAMOWITZ: Before you leave on 20 the record, we have marked I guess 19 exhibits. I 21 would just like to go through them to make sure that 22 we have copies of all the exhibits which have been 23 marked. - 24 MR. GREENE: Okay. Off the record. 25 (The deposition concluded.) 5 BECKER FARM ROAD WERNER GOLDBERG, 10 MECHANIC STREET ROSELAND. NJ. 07068 . RED BANK, N.J. 0?701 201.740.1100 CERTIFIED SHORTHAND REPORTERS 20143425378 Case 92 Transcript eposmon Of Patrick T. McGahn Taken 4/7/93. (jpp) 04/19/93 Page 87 of I, TAB PREWETT, a Registered Professional Reporter, Certified Shorthand Reporter and Notary Public of the State of New Jersey, do hereby certify that prior to the commencement of the examination-' PATRICK T. was duly evorn by me to testify the truth, the whole truth, and nothing but the truth. I DO FURTHER CERTIFY that the foregoing is a true and accurate transcript of the testimony as taken stenographically by and before me at the time, place, and on the date hereinbefore set forth. I DO FURTHER CERTIFY that I am neither a relative nor employee nor attorney nor counsel of any of the parties to this action, and that I am neither a relative nor employee of such attorney or counsel, and that I am not financially interested in the action. Notary Public of the State of New Jersey CSR NO. X101828, Expires 1994 Tab Prewett, RPR, CSR Dated April 10, 1993 5 BECKER FARM ROAD ROSELAND, NJ. 97068 10 MECHANIC STREET RED BANK, NJ. 07701 2131-8426878 201.749.1100 CERTIFIED SHORTHAND REPORTERS Case Dec 492 Filed 04l21/93 Entered 05/17/16 14:00:10 Desc United States BankrUQtGY Court Courtroom 1, 2nd Floor -l5 North Street Gamden, New Jersey 08102~1104 Honorable Judith H. Wizmur MINUTE 04/21/93 11:00 DQert 92-11188 Debtor: Trump Plaza Associates Adversary Docket 00*00000 Matter: Motion to Vacate Stay Filed on: 03/29/93 Creditor: J. Saper for Gloria and Daniel Scott Other Appearances: Trustee Hearing Held Re: [476-1] Motion For Relief From Stay by Daniel and Gloria Scott Page 1 of 1 Attorney for Trustee Attorney for Dethr Attorney for Creditors CQmmittee U.S. Trustee Attorneys for Creditors Attorney for Moving Party Note: Granted Order Denied Order Withdrawn COTBS Adjourned to Other MISCELLANEOUS: Adjourned Dates: Priority: Chapter: at? ?Wt . -. -. 116 14:00:10 Desc - . Dec 493 ?led 04/26/93 Enter_ed 05/17 New Jersey Local Bankruptcy Rule 25. (Jpp) 64/26/93] Page 1 9f 1 UNITED STATES BANKRUPTCY COURT OF NEW JERSEY games J. waldron Clerk Of Court Federal Building 15 North Seventh Street Camden, New Jersey 08102 (609) 757*5485 NOTICE PURSUANT TO NEW JERSEY LOCAL BANKRUPTCY RULE 25 Dated: April 26, 1993 -In-Re: Trump PlaZa Associates, et al{_ Case No. 92-11188, etc. The Chapter 11 plan in the abovewcaptioned case was confirmed by the Court mere than 180 days ago. In accordance with the guidelines of the AdminiSErative Office of the united States Courts and New Jersey Local Bankruptcy Rule 25(a), our office is attempting to close all Chapter ll cases in which plans name been confirmed for at least 180 days. Unless we receive correspondence within 30 days as to~why this case should not be administratively closed, we will close this case. Your expedient, affirmative responses to this effort are appreciated. f2 Jef?keyUP/ Peirce, Deputy Clerk A copy of this notice has been sent to: Counsel For The Debtor: Myron Trepper and Charles A. Stanziale Chapter 11 Trustee: - Counsel For The Unsecured Creditors; Committee: NXA Thomas E. Ross, United States Trustee 4.4g. Case Dec 49.4 File-d 04/29/93 Entere 05/17/16 14:00:19 Desc Mgti?ri B?s?ecreditgr Anthony J. Rio-ca For Leave To File A Late Proof Of Clalm fl Page 1_ 9f 2 ?y MAIRONE, BIEL, ZLOTNICK, FEINBERG, GRIFFITH 8 STANGER, P.A. 3201 ATLANTIC AVENUE ATLANTIC CITY, NJ 99491 (609) 344~1173 Attorneys for Anthony J. Ricea UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF NEW JERSEY TRUMP PLAZA ASSOCIATES, case; no. 92?11188 JW et al-. In Re: Debtors. .I '3 O. I..r 93.99H3T T9 PR9OF 0F area; T0 was CLAIMANT LIST ITO: United states Bankruptcy Trustee 69 Park Place, $uite 210 E: g? g: Newart. Mew Jersey 07102: vi, :3 a; Schwartz, Tobia Stanziale PQ rep; Kip?s Castle 6: 22 Crestmont Road g} i Montclair, New Jersey 970422 f?et 33 i: 7- 4: L- Lightenstein, Esquire :wa Cooper, Perskie, April, Niedelman, Wagenheim Levenson 1555 Zion Road Northfield, New Jersey 08225 PLEASE TAKE NOTICE that on the day of xwzart 1993 at or as soon thereafter as counsel may be heard, the undersigned attorney for Anthony J. Ricoa, shall move before the Honorable Judith H. Wizmu?, United States Bankruptcy judge at the United States Bankruptcy tourt, 15 North 7th Street, Camden, New Jersey for an Order permitting Anthony J. Ricca to file a late Proof of Claim and to be added to the claimant list. PLEASE TAKE FURTHER NOTICE that at the aforesaid time and Case Doc 494 Filed 04/29/93 Entered 05/17/16 14:00:19 Desc Mgr/(1n Bye-Creditor Anthony J. Rigca Fer Leave To File A Late Proof Of Claim f1 Page 2 of 2 plaqe, in Support of the metion, the undersigned shall rely upgn the Certificatign of J. Ricca, Affidaeit of Jack Feinberg, Esquire and attached brief.' Counsel for Mr; Ricca and Mr. Ricca himself fUrther reserve the right to introduce additienal evidence on the return date of the motion with respect to any opposition made by the debtor. .DATED: April 27, 1993 Richard?A. Carlucci, Esquire Case Doc 495 Filed 04/291533 Entered 05/17/16 14:00:10 Desc Certification In Support Of [494-1] Motion For Leave To Page 1 of 32 MAIRQNE, BIEL, ZLOTHICK, GRIFFITH STANGER, P.C. 3201 ATLANTIC AVENUE ATLANTIC CITY, NJ 0840l (609) 344?1173 Attorneys for Anthony Ricoa STATES BANKRUPTCY COURT In Re: 103 THE DISTRICT QF NEW JERSEY TRUMP PLAZA AssoCIATaa, - et a1., :1 Debtors. '5 . I 0F ANTHONY RICCA I, Anthony Rioca of ful? age hereby certifies gs followsplaintiff inian action filed in theegupe?ior Count -3 Ag mg of New Jersey, Law Division, poean County entitledenthony J. ?ig?e . .. vs. Trump Plaza Hotel and eino under Docket No. 2. it is my understandi through the by my attorneys that a bankrubtcy notification was and addressed to me at 223 ?ermaid Avenue,_Beachwood, New Jersey 08722 in or about Maroh of 1992. 3. I have not resided at the Beechwood, New Jersey address since November of 1988. I 4. In November of 1988, I moved to 725 Joralemon atreet, Apt. 59, Belleville, New Jersey. 5. In May of 1989, I mdved to 1117 Parkview Lane, Toms River, New Jersey. 7 6. In November of 1%89, I moved to 547 Shetland Court, Sewell, New Jersey 08080. i 7. In January of 1990, I ?moved" to 2024 Skyviewr Glen, Escondido, California 920274 Case 92111980pr Doe 49.5 Filed 04/29/93 Entered 05/17/16 14:00:10 Desc Certificataon In Suprrt Of [494?1] Motion Leave To Page 2 of 32 8. In February of 1990, I moved to 12039 Alta Carmel Court, Apt. 145, San Diego, California 92128. 9. In June of 1990, I once again moved, this time to 23621 West Delmonte Drive, Valencia, California 91355. 10. In October of 1990, I moved to 11582 Windcrest Lane, Apt. '1226, San Diego, California 92128. 11. In July of 1991, Iionce again moved to what is now my current address, 2004 shade Tree Lane, Escondido, California 92029. I 12. I have never received any notification from the debtors indicating that I must file a Proof of Claim in order to protect my right to proceed with my snit in the Superior Court of New Jersey, Law givision under Docket No. 13. I am also advised that the law firm of Mairone, Biel, Zlotnick, Feinherg, Griffith stanger, my present attorneys, have also not received any notification that the filing of a Proof of Claim was necessary in order to protect my action against the debtor. 14. It is my understanding that the post office forwards mail for a period of one (1) year only if'a forwarding address is provided. 15. I did not leave a forwarding address with the post office for any of my previous addresses. 16. Based upon my own personal experience as a tenant of -rental properties, one cannot presume that mail is automatically forwarded by the post office or that letters with old addresses are returned to the sender when no forwarding address is provided. Case Doc 495 Filed Entered 05/17/16 14:00:10 Desc 1 [Certification In Support Of [494-1] Motion For Leave To Page 3 of 32 I Quite often the current resident receives such'mail and disposes of it without notifying the post office of the intended recipient. I 17. Moreover, the debtor will not he prejudiced by this court's a110wance of a late filing of Proof of Claim. on the contrary, I believe it would he injustice under these circumstances for the court to allow this debt to be discharged simply because notice may or may not have been delivered to an old address or have not resided in excess of two'(2) years from the alleged date of mailing. 18. I, therefore, respectfully request that this court grant my motion to file a Proof of Claim out of time and add my name to the claimant's list. I I certify that the foregoing statements made by me are true. understand that if any of the statements made by me-are willfully .false, I am subject to punishment. DATE: April 7, 1993 ANTHONY CA 1 - Case Doc 495 Filed 04/291793 Entered 14:00:10 Desc CGftEflCE-ltlon In Support Of [494-1] Motion For Leave To Page 4' of 32 FEINBERG, GRIFFITH STANGER, P.A. 3201 ATLANTIC AVENUE ATLANTIC CITY, NJ 08401 (609) 344-1173 Attorneys for Anthony J..Ricpa ITED STATES BANKRUPTCY COURT In Re: OR THE DISTRICT OF NEW JERSEY PLAZA ASSOCIATES, ASE NO. 92-11188 JW et?al., Debtors. warrant or if, swarm or new JERSEY: .FeCOUNTY or ATLANTIC $3 a Richard A. Carlucci ofifull age, under oathg-?ereb?adepos?? and says:_ 1. I am an attorny atglaw admitted to practice before the United states District Court?of the District of New Jersey. 2. I hereby state that on the 28th day of April, 1993 I .served a true copy of the Notice of Motion with the supporting Certification of Arthony J. Ricca, Affidavit of Jack Eeinberg, Esquire and attached brief upon the attorneys for the debtor by forwarding same by first class mail, postage prepaid, addressed as indicated on the service list annexed to the notice filed herewith and also to the United States Trustee. Case Certification In Support Of [494?1.] M0 SHORE AHD SUBSCRIBED TO BEFORE ME THIS Z?Sth DAY OF April, 1593. mm H. muss many PUBLIC or JERSEY ?y Commiss?i'on Expires Nov. 7. 1993 Doc 495 Filed 04/295633 I:Entered 05/17/16 14:00:10 Desc man or Leave To Page 5 of 32 Zolazw/ Richard A. Carlucci Dec 495 Wed 04/29}93 Entered 05/17/16 14:00:10 Desc Certification In Support Of [494-1] Mogion For Leave To Page 6 of 32 Case I i HAIRONE, BIEL, ZLOTNICK, GRIFFITH ETANGER, P.a. 3201 ATLANTIC AVENUE 1 . - ATLANTIC CITY, NJ 08401 3 i (609) 344?1173 Attorneys for Anthony J. Ricca ITED STATES BANKRUPTCY COURT THE DISTRICT OF NEW JERSEY In Re: TRUMP PLAZA ASSOCIATES, NO. 92-11188 al., Debtors. AFFIDAVIT 0F aacx FEINBERG, ESQUIEE a? a .I.., :1 a? 5 DJ 3 STATE OF NEW JERSEYCOUNTY OF ATLANTIC I s? g. :3 a Jack Feinberg of full age, upon his oath, according to law, deposee and says: 1. I am an attorney at law of the State of New Jersey and am a partner in the law firm of Mairone, Biel, Zlotnick, Feinberg, Griffith Stanger, P.A., attorneys for Anthony J. Ricca, the applicant for leave to file a late Proof of Claim and to be added to the claimant's list in the above entitled matter. 2. At no time did I rec%ive a notice from the court or anyone else informing either myselfior my client that.Mr. Ricca was listed as a creditor of the Debtor. also never received any notice from the court that Trump Plaza had filed for bankruptcy protection. 3. The only notice thatEI received from Russell Lichtenstein, Esquire, attorney for Trump ?laza?Associates, was his notice to the i Supreme Court of New Jerseyi Law Division, Ocean County that the Case I Doc 495 Filed 04/29/93 Entered 05/17/16 14:00:10 Desc Certification In Support Of [494?1] Motion Leave Tc) Page 7 of 32 debtor filed for bankruptcy under Chapter 11 thereby staying all actions against Trump Plaza.? See Exhibit 4. It was my further unherstanding that this matter would be reinstated once Trump Plaza emerged from bankruptcy. I received absolutely no notice that a?Proof of Claim was necessary to be 1 filed in this matter in order to preserve my client's claim upon . the Plaza's emergence from bankruptcy. 5. On May 16, 1989 the day Mr. Ricca filed his Complaint against the Debtor, he listed his residence in the Complaint as 1117 Parkview Lane, Toms River, New Jersey. See Exhibit 6a-=When Mr. Ricca anshered the interrogatories propounded upon him by Debtor's attornef, Russell L. Lichtenstein, he listed Sewell, New Jersey. his current addreSs as 547 Shetland Avenue, The answers were certified by Mr. Ricca on November 13, 1989. See 'Exhibit 7.- During deposition of April 30, 1990 taken by Debtor's attorney, Russell L. Lichtenstein, Mr. Ricca stated-his Apt. San Diego, address as 12039 Alta Carmel Court, 145, Ca1ifornia.92128. See Exhibit 8. Debtor was on actual notice that the Beechwood address was no longer the-residence of Mr} Ricca. However, for unknoWn reasons Debtor's attorney intentionally provided Claudia King Associates the incorrect address of 223 Mermaid Avenue, Beechwood, New Jersey for service of notice despite.having actual knowledge that Mr._ Ricca had not lived there for almost three (3) years. 9. Mr. Ricca's Certification states that he did not receive the notice to file a_proof of claim which was mailed to 223 Mermaid Case correct Doc 495 Filed 04/29/93 Entered 05/17/16 14:00:10 Desc Certification In support Qf [4944] Motion For Leave To Page 8 of 32 i I Beechwood, New Jersey by Claudia King Associates in.March Avenue, of 1992. 10. Mr. Lichtenstein?s? intentional failure to provide a address for service bf the notice must be viewed by this court as a sufficient basis for the so by Mr. Ricca. IW Sworn and subscribed to befo. me this 28th day of April, 1993. HAW H. Mill/S NOTARY PUBLIC OF NEW JERSEY PM Commission Expires Nov. 1. 1993 i Case Doc 495 Filed 05/17/16 14:00:10 D'esc . . Certification In Support Manama COOPER PERSKIE APRIL IEDEI JAMES L. COOPER LEWIS E1, [Certi?ed Civil Trial Attorney) LOUIS NIEDELMAN {Codi?ed Civil Trial Attorney} RONALD A. WAGENHEIM in Taxation) LLOYD D. (Cadillac! Criminal Trial Attorney} MICHAEL JACOBSOIM FRANK A. PETHO KENNETH 0. CHARLES A. ALAN l. GOULD-H BARRY D. COHEN GERARD W. STANLEY M. RUSSELL L. ROBERT E. SALAD in Taxation) STEVEN 0. MANLCU PAUL TENDLER SUSAN EH16 A. JOHN F. OF COUNSEL EMANUEL l. 1.2me as. HETIHED . LAWRENCE M. PEHSKIE LAW CFHCES A PROFESSION AL 1 125 TIC AVENUE CITY. NEW JERSEY cam 4891 {509} 344-3131 lane} amen 1555 ZION ROAD NJ 08225?1333 {609} 383-1300 TELECOHER (509} 383-1375 129 west EVESHAM AVENUE VOORHEES. NJ 03043 (3091 7959110 TELECOPIER {509) remain 3200 AVENUE v.0. 30x 333 Vitamin. 11.1 cums: {5091 1529-1212 TELECQPIEFI freon} 522-25? March 1992 *e To Page90f32 WAGENHEIM LEVENSON RONA Z. {Certi?ed Civil Trial Attorney} ARTHUR {1.13 In Taxation! A3318 8. VINCENT J. MICHAEL R. LITKE ANTHONY P. THOMAS P. WILLIAM J. LAURA L. MARY C. IL COTE THOMAS M. MARK .1. M. BAYUNSON KATHLEEN SCOTT R. JANET GRAVITZ DAVID S. WEISSMAN HICHAHD K. AHLETTE LOWE. DENI8E KRISHNA G. MEMBER am PA. BAR MEMBER EAR {?1.30 HERBEH Tm BAH MEMBER FUL BAH HENBER GA. BAH PLEASE am to: I Atlantic City i File Jack Feinberg, Esq. Mairone Biel Law Firm 3201 Atlantic Avenue Atlantic City, New Jersey 08401 Re: Ricca Trump Plaza Dear Mr. Feinberg: I am enclosing a copy of a Notice of Automatic Stay along with a transmittal letter with which I forwarded the Notice to the' Court for ?ling. Please note that pursuant to 11 U.S.df. 362(a)(1) gt seg. all "judicial, administrative or other action or proceeding" against Trump Plaza is stayed. This stay would also effect all discovery, motion practice, and any and all other activity related to this litigation. 2% 4 Case. Dec 495 Filed 04/291913 Entered 05/17l16 14:00:10 Desc Certi?cation In Support Of [494-1] Motgon For Leave To Page 10 of 32 COOPER-PERSKIE APRH. WAGENHEIM LEVENSON A ASSOCLATION Jack Feinberg, Esq. March 18, 1992 Page 2 This Stay Will remain in effect until Trump Plaza emerges from their Chapter 11 Bankruptcy ?ling. . . (109541) - - cc: Patricia M. Wild, Esq. Narkiewicz, Risk Managcg M?will Case 5? FILE 20561 A Professional Corporation 250 Washington Street P. O. Box 787 Toms River, New Jersey 0875% (201) 349?2443 Attorneys for Plaintiff Dog 495 Filed 04/29/93 Entered 05/17/16 14:00:10 Desc Certification In Support Of [494-1] Motion For Leave To Page 11 of 32 LONELL, MUCCIFORI, ADLER, museums, AHABILE PEHLIVANIAN RECEIVED FILED mm l? 198?} m. DEAN HAINES D?Purv CLERK c1. OCEAN co Plaintiff(s) -ANTHONY J. RICCA VS. Defendant(s) TRUMP PLAZA CIVIL ACTION SUPERIOR COURT OF NEW JERSEY LAW DIVISION OCEAN COUNTY DOCKET NO. COMPLAINT, JURY DEMAND FIRST COUNT Complaint against defendant(s 1. Defendant, organized and existing under State of New Jersey, with its 584a [4 say(s): The residing at 1117 Parkview Lane,'roms River; Obean.Countyy New Jersey by way of Trump Plaza is a corporation, duly the laws and regulations of the main place of business located at the Boardwalk at Mississippi Avenue, Atlantic City, New Jersey. \n 1. Case Doc 495 Filed O4/29f93 Entered 05/17/16 14:00:10 Desc Certification In Support Of [494?1] Motion For Leave To Page 12 of 32 State your full name._ age, date and place of birth. social security number and driver's license number. ANSWER: Anthony JOhn age 30, date o? birth 11/13/58, in Newark, l42#52?63l7; NJ DC R4062-05371-11682 State your place-of residence at the time of the incident and now. ANSWER: At time of accident, 223 Mermaid Avenue, Beechwood, NJ 08722; 'address now 547 Shetland Avenue, Se?ell, NJ a) ?tatje tile names and addresses of the pi rsons with whom you resided atzthe time of the b) 33:53:; names and addresses of the er-sons with whom you reside now. ANSWER: a. -Self My Sponse, Sharon Ricca. State your marital status at the time of the accicent and presently. ANSWER: At time of accidentr single; I am n?w married. If married, state when, where. and by whom the ceremony was performed and the name and address ?of your spouse. . June 17, 1989 at Tavietock, NJ in a religious ceremon. EXP SET 1 544% caveman-tn! unnao kw.) Entered 05/17/16 14:00:10 Desc - 495 Wed 04/29/93 3 of 32 case Sugport?Of [49.4-1] Mot on For Leave To Page 1 INDIVIDURL CERTIFICATION I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing state?ents made by me are wilfully false, I am subject to punishment for contempt of Court. STATE or SS COUNTY OF ., being duly sworn according to law, upon his oath deposes and sayecorporation (Title) (Nate-of Corpbration) . of the State of . the (plaintiff/defendant) in the above entitled action, and am _he agent of the corporation for the purposes of anevering the interrogatori=s serVed upon the attorneys for said corporation in this action by the and for making this certification. 2. I have read the said interrogatories and the foregoing answers hereto are true in every detail accordibg to my best knowledge, information and belief. i '(signatur? of corporate officer) Sworn to and subscribed before me this day of 198 (Affix Seal) Notary Public of "?ertified Shorthand Reporteg and NOtarY WW . 5 04/;9195 Entered 05/17/16 14:00:10 Desc Certification in Support'iOf [494-1] Motion For Leave To Page 14 of 32 SUPERIOR cooewgoe NEW JERSEY LAW DIVISION 4 ocean COUHTY Docket No. II ANTHONY J. RICCA, Plaintiff. CIVIL ACTIOE DEPOSITION TESTIMONY OF: ANTHONY J. RICCA ?v.u TRUMP PLAZA, Defendant. LISA ZIRILLI, a Public of the License No. X101671, at the Iaw offices of cooPER. PERSKIE, APRIL, NIEDELMAR: WAGENHEIM LEVENSON, P.A., Suite 320, 1125 Atlantic Avenue. Atlantic-City; NeW'Jersey 08401, on Friday, April 20, 1990 commencing at 2:16 p.m. TAKEN State of New Jersey, A A A S: MAIRQNE, BIEL, FEINBERG a GRIFFITH. P.A. BY: G. GEORGE, ESQUIRB 3201 Atlantic Avenue Atlantic City, New Jersey 08401 For the Plaintiff. COOPER, PERSKIE, APRIL, NIEDELHAN, WAGENHEIM LEVEHSON. P.A. BY: RUSSELL L. LICETENSTEIN, ESQUIRE Suite 320 2 - i 1125 Atlantic Avenue Atlantic City, New Jersey 08401 For the Defendant. ATLANTIC COURT REFORTIH Certified Shorthan? Repo 803 K, NORTHFISLD. JEIS P.Q. - (609)7646?0025