Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 1 of 207 PageID #: 1889 1 STATE OF MAINE SUPERIOR COURT Civil Action Docket No. PORDC-CV-15-324 CUMBERLAND, ss. NATIONAL COLLEGIATE STUDENT LOAN TRUST 2006-3, Plaintiff V. SARAH THURLOW, a/k/a SARAH N. COFFEY, ET AL., Defendants ) ) ) ) ) ) ) ) ) ) ) DEPOSITION of NATIONAL COLLEGIATE STUDENT LOAN TRUST 2006-3 by BRADLEY LUKE, taken pursuant to notice dated June 1, 2017, at the law offices of Troubh Heisler at 511 Congress Street, Portland, Maine, on June 16, 2017, commencing at 10:05 a.m., before Claudette G. Mason, RMR, CRR, a Notary Public in and for the State of Maine. APPEARANCES: For the Plaintiff: BRYAN C. SHARTLE, ESQ. MICHAEL D. ALLTMONT, ESQ. KATE E. CONLEY, ESQ. For the Defendants: CYNTHIA A. DILL, ESQ. WILLIAM K. MCKINLEY, ESQ. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 2 of 207 PageID #: 1890 2 INDEX Deponent: BRADLEY LUKE Examination by: Page Ms. Dill 3 EXHIBITS Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Description Page Second Amended Notice of Deposition Re: 29 Holiday Cummins Affidavit, 1/9/16 30 Exhibit A/Note Disclosure Statement, 43 Loan Request/Credit Agreement A. Holiday Affidavit, 6/2/16 47 Exhibit A/U.S. Bank Authorization 52 Exhibit B/Loan Request/Credit Agreement 52 Exhibit C/Chain of Ownership Docs 61 Exhibit D/Loan Financial Activity 80 Exhibit E/Deferment/Forbearance Summary 98 Exhibit F/Repayment Schedule Summary 100 Exhibit G/Loan Payment History Report 111 Loan Request/Credit Agreement Sig Page 118 Second Amended Notice of Deposition 155 Re: Cummins Cummins Affidavit -Exhibit A/Credit Agreement 160 10/1/14 Letter, Horton to Thurlow 148 10/1/14 Letter, Horton to Thurlow, 148 with Handwritten Notes Credit Agreement, 12/7/06 158 5/5/17 Financial Activity Summary 132 THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 3 of 207 PageID #: 1891 3 1 2 3 (Deposition Exhibit Nos. 1-19 were marked.) BRADLEY LUKE, having been duly sworn by the Notary 4 Public, was examined and testified as follows: 5 EXAMINATION 6 BY MS. DILL: 7 Q. 8 Good morning. My name is Cynthia Dill. Would you please state your name for the 9 record? 10 A. Bradley Luke. 11 Q. And what is your position, Mr. Luke? 12 A. Senior litigation paralegal. 13 Q. For which company? 14 A. Transworld Systems, Incorporated. 15 Q. A senior litigation paralegal? 16 A. Yes, ma'am. 17 Q. How long have you had that position? 18 A. It's been about a year and a half now. 19 20 I believe it was October of 2015. Q. 21 Have you worked in the same capacity, senior litigation paralegal, from 2015 to the present? 22 A. From October 2015 to the present, yes, ma'am. 23 Q. And Transworld Systems is your employer? 24 A. Yes, ma'am. 25 Q. What did you do prior to October of 2015? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 4 of 207 PageID #: 1892 4 1 A. I worked as a legal compliance manager. 2 Q. For whom? 3 A. Transworld Systems, Incorporated. 4 Q. How long have you worked for Transworld Systems, 5 6 Incorporated? A. Well, Transworld Systems, Incorporated, since 7 November 1 of 2014. 8 predecessor company, NCO Financial Systems, 9 Incorporated. 10 11 Prior to that was a And I have been employed with or I was employed with them as of January of 2010. Q. 12 So January of 2010 until 2014 you worked for NCO Financial Systems? 13 A. Yes, ma'am. 14 Q. Is that what you said? 15 A. November 1, 2014. 16 Q. When you first started at Transworld in 2014, 17 what was your job? 18 A. Legal compliance manager. 19 Q. And at NCO Financial System between January of 20 2010 and November of 2014, what was your 21 position? 22 A. I started as a litigation specialist and then 23 transitioned to a senior litigation specialist. 24 I don't recall the exact dates, but about a year 25 as litigation specialist and then a senior THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 5 of 207 PageID #: 1893 5 1 litigation specialist. 2 legal compliance manager in September of '14. 3 Q. 4 And then I moved to the And was legal compliance manager the last position you had for NCO Financial System? 5 A. Yes, ma'am. 6 Q. When you transitioned from being a legal 7 compliance manager for NCO Financial Systems to 8 being the legal compliance manager for 9 Transworld, did your duties change? 10 A. No, ma'am. 11 Q. Did -- tell me more about NCO Systems. 12 MR. SHARTLE: Object to the form. 13 A. Can you rephrase the question, please. 14 Q. Is NCO Systems a subsidiary of Transworld 15 Systems? 16 MR. SHARTLE: 17 Objection, lack of time frame. 18 A. No, ma'am, they're not. 19 Q. Who owns NCO Systems? 20 21 22 MR. SHARTLE: Objection. No basis of knowledge. MS. DILL: Objection -- we don't do 23 speaking objections in Maine. 24 object for the record, and that's fine. 25 MR. SHARTLE: Okay. So you can Objection. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 6 of 207 PageID #: 1894 6 1 A. Can you repeat the question, please? 2 Q. Who owned NCO Systems when you were employed 3 there as the legal compliance manager and senior 4 litigation specialist and litigation specialist 5 from 2010 to 2014? 6 7 MR. SHARTLE: A. Object to the form. NCO Financial Systems at the -- at some point 8 during my employment was owned by a company 9 called EGS Financial. 10 11 date that they became owner of NCO. Q. 12 How did NCO Systems transform into or become Transworld Systems? 13 MR. SHARTLE: 14 15 I don't know the exact Objection, outside the scope of the notice. A. NCO Financial Systems was owned by EGS. EGS 16 decided to sell a portion of the business, 17 including certain portions of NCO's business, 18 under the name of Transworld Systems. 19 Q. Is Transworld Systems a publicly traded company? 20 A. I do not know. 21 Q. Prior to your employment at NCO Systems, where 22 23 did you work? A. 24 25 Axiant, LLC. A X I A N T. Q. What kind of company is that? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 7 of 207 PageID #: 1895 7 1 A. 2 They were in the business of debt collection and network services. 3 Q. What was your position at Axiant, LLC? 4 A. I don't recall. 5 Q. How long did you work there? 6 A. I worked there for almost a year and a half. 7 Q. And before that? 8 A. Just remedial part-time jobs. 9 I was also going to school. 10 Q. Where did you go to school? 11 A. Most currently, Frederick Community College in 12 Frederick, Maryland. Previous to that was 13 Montana Tech University in Butte, Montana. 14 Q. Do you have a degree? 15 A. No, ma'am. 16 Q. Did you graduate from college? 17 A. No, ma'am. 18 Q. Have you ever had your deposition taken before? 19 A. Yes, ma'am. 20 Q. How many times? 21 A. I don't recall specifically. 22 Q. More than 10? 23 A. Yes, ma'am. 24 Q. More than 50? 25 A. No, ma'am. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 8 of 207 PageID #: 1896 8 1 Q. 2 When is the first time that you had your deposition taken? 3 A. 2013. 4 Q. Was that in your capacity as the Transworld 5 6 Systems legal compliance manager? A. 7 Yes, ma'am. No, that was -- I'm sorry. I think you said 8 Transworld Systems. 9 Systems' legal compliance manager. 10 Q. 11 It was NCO Financial And how many times have you been deposed as an employee of Transworld Systems? 12 A. I don't recall. 13 Q. But less than 50? 14 A. Yes, ma'am. 15 Q. When is the last time you were deposed prior to 16 today? 17 A. 15 days ago maybe. 18 Q. Where was that? 19 A. San Diego, California. 20 Q. In what capacity were you deposed? 21 A. As the senior litigation paralegal of Transworld 22 23 Systems. Q. 24 25 Was Transworld Systems a defendant or a plaintiff in that case? A. Neither. It was in their capacity as servicer THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 9 of 207 PageID #: 1897 9 1 for a National Collegiate Student Loan Trust 2 entity. 3 Q. 4 Were you the 30(b)(6) designated witness in that deposition? 5 MR. SHARTLE: 6 Objection, outside the scope of the notice. 7 A. Yes, ma'am, I was. 8 Q. Do you recall the name of the parties other than 9 National Collegiate Student Loan and Transworld 10 Systems? 11 A. Just the last names of the defendants. 12 Q. What is the last name of the defendants? 13 A. One was Mata, M A T A; and it was Macready, 14 15 M A C R E A D Y, I believe. Q. 16 federal court? 17 18 Do you know if that case was pending in state or MR. SHARTLE: A. 19 State. MR. SHARTLE: 20 Objection. All this line of question is outside the scope of the notice. 21 BY MS. DILL: 22 Q. Describe for me, please, the duties of your job 23 as senior litigation paralegal for Transworld 24 Systems? 25 A. I assist with incoming litigation either against THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 10 of 207 1898 PageID #: 10 1 the company Transworld Systems or against one 2 of the trust entities, review account records, 3 work with outside counsel and in-house counsel on 4 various litigation matters. 5 Q. In your work, is your job mostly connected with 6 Transworld Systems in litigation to collect debts 7 or defending against suits brought against 8 Transworld? 9 A. I would say it's about an equal split. 10 Q. And do you serve as the senior litigation 11 specialist in both capacities, both defending and 12 prosecuting collection cases? 13 A. Yes, ma'am. 14 Q. How many senior litigation paralegals are there 15 Senior litigation paralegal. for Transworld? 16 A. Just one. 17 Q. And what department do you work in? 18 A. The legal and compliance department. 19 Q. Where is your office? 20 A. My personal office is located in Norcross, 21 22 Georgia. Q. 23 The legal and compliance department of Transworld Systems -- 24 A. Yes. 25 Q. -- is located in Norcross, Georgia? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 11 of 207 1899 1 A. 2 3 PageID #: 11 Well, we have employees in various locations that are part of that department. Q. 4 How many employees make up the legal and compliance department? 5 A. I'm not sure. 6 Q. How many employees work with you in the Norcross, 7 Georgia, office? 8 A. There's -- now, there's two other members. 9 Q. How many other offices are there -- legal and 10 compliance department offices for Transworld 11 Systems that you're aware of? 12 A. Well, there's no actual offices for just that 13 department. 14 department in various offices that make part of 15 that office. 16 offices house members of my department. 17 Q. 18 There's employees that work in that I'm uncertain how many actual Can you give me some sense of how many offices Transworld Systems has around the country? 19 A. I'm not sure. 20 Q. What's the closest Transworld Systems office to 21 22 where you are right now in Portland, Maine? A. To my knowledge -- I can't speculate. 23 have a map in front of me. 24 distances. 25 Q. Okay. That's fair. I don't I don't know the mile In your office in Norcross, THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 12 of 207 1900 1 PageID #: 12 Georgia, are there records maintained? 2 MR. SHARTLE: Object to the form. 3 A. Can you clarify that question, please. 4 Q. What records do you have at your disposal in the 5 Norcross, Georgia, office? 6 MR. SHARTLE: Object to the form. 7 A. I'm still not understanding. 8 Q. How big is the office in Norcross, Georgia? 9 MR. SHARTLE: Object to the form. 10 A. I believe we have about 50 to 70 employees there. 11 Q. And did you say two plus yourself work in legal 12 and compliance? 13 A. Yes, ma'am. 14 Q. Who is your supervisor? 15 A. Jonathan Thompson. 16 Q. What's his position? 17 A. Chief compliance officer. 18 Q. So when you say you assist with litigation, what 19 20 Out of that office. actually do you do? A. I review legal complaints, account notes in 21 reference to allegations pled. I also look at 22 compliance of any calls or letters that were sent 23 out. 24 subject account that's mentioned in a litigation 25 matter. Basically a full, thorough review of any THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 13 of 207 1901 1 Q. PageID #: And when you're doing this review, are you 2 thumbing through a Redwell file full of papers; 3 or is it all online? 4 A. These are generally electronic files. 5 Q. Okay. So what system do you have at your 6 disposal in Norcross, Georgia, to access these 7 various records that you use to assist in the 8 litigation for Transworld Systems? 9 A. 13 We have various systems. All our offices are 10 linked together through the internet and servers 11 so we have access to our legal -- our centralized 12 repositories that house various documents, 13 letters, call logs. 14 systems of record that the account records are 15 maintained in. 16 Q. And we also have our various Starting with the last category, the system of 17 record where the account records are maintained, 18 what do you call that system? 19 A. Depending on what type of account it is, we have 20 different systems. The two major systems are 21 FACS, F A C S, and CRS. 22 Q. What's the second one? 23 A. CRS. 24 Q. What do those acronyms stand for; do you know? 25 A. CRS is collection resource system. THE REPORTING GROUP Mason & Lockhart I'm uncertain Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 14 of 207 1902 1 what FACS stands for or if it stands for 2 anything. 3 Q. PageID #: In this matter the claims brought by National 4 Collegiate Student Loan Trust against Sarah 5 Thurlow, now Sarah Coffey, do you know which 6 systems were reviewed for purposes of checking 7 her accounts? 8 A. 9 14 So her individual account, the system of record is CRS for that account. There's also other 10 ancillary systems used to review the account 11 records and documents, those being -- it's an 12 online database called a Media Locator, which 13 houses individual account level documents such as 14 the promissory note, payment histories, that sort 15 of thing. 16 Q. 17 The ancillary system Media Locator, who created that? 18 A. I don't know. 19 Q. Do you have access to that? 20 A. Yes, ma'am. 21 Q. And is it -- you said that's where the documents 22 such as the promissory note is maintained? 23 A. Yes, ma'am. 24 Q. Who created that system of documents; do you 25 Loan level documentation. know? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 15 of 207 1903 PageID #: 1 A. Can you rephrase that? 2 Q. Who entered the documents into the system? 3 4 MR. SHARTLE: A. 5 6 Q. I'm uncertain of the individual person who Are you certain of the entity or organization that did? A. 9 It depends on what time it was. It would have been either NCO or Transworld Systems depending 10 11 Object to the form. entered the documents. 7 8 on what time period we're talking about. Q. The time period in the National Collegiate 12 Student Loan Trust 2006-3 versus Sarah Thurlow, 13 do you know which ancillary system or -- strike 14 that. 15 Do you know whether it was Transworld Systems 16 or NCO responsible for inputting the loan 17 documents into the Media Locator? 18 A. It would depend on what document it is and what 19 time that document was put in. 20 in front of my system, I would not be able to 21 state which document was put in by which party. 22 15 Q. 23 So without being What decides what system of record applies to a specific account? 24 A. The client. 25 Q. The client decides? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 16 of 207 1904 1 A. Well, depending on the client. 2 Q. Who is your client? 3 A. We have many clients. 4 MR. SHARTLE: 5 BY MS. DILL: 6 Q. 7 PageID #: So -- Object to the form. In this particular case. MR. SHARTLE: Object to the form. 8 A. Can you restate that? 9 Q. In the case of National Collegiate Student Loan 10 Trust 2006-3 versus Sarah Thurlow pending in 11 Portland District Court, who is your client? 12 A. We're contracted by U.S. Bank National 13 Association on behalf of the plaintiff's trust 14 entity, National Collegiate Student Loan Trust 15 2006-3. 16 Q. Whose decision was it to bring the lawsuit 17 against Sarah Thurlow, otherwise known as Sarah 18 Coffey, and Vickie McMullen? 19 16 MR. SHARTLE: Object to the form. 20 A. Can you rephrase, please. 21 Q. What entity makes -- made the decision in this 22 case to file the collection lawsuits that are the 23 subject of this deposition? 24 25 A. That would be, for this case or these two cases that are at issue today, Ratchford Law Group. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 17 of 207 1905 1 Q. 2 3 17 What's the relationship between the Ratchford Law Group and Transworld System? A. 4 5 PageID #: They're contracted by Transworld Systems as an attorney law firm. Q. 6 And Transworld gives the Ratchford Law Group discretion as to whether or not to file -- 7 A. Yes, ma'am. 8 Q. -- lawsuits? 9 On what basis does the Ratchford Law Group 10 make its decision whether or not to file a 11 lawsuit? 12 A. I'm uncertain. 13 Q. Are you aware of the contract between the 14 Ratchford Law Group and Transworld Systems? 15 A. Yes, ma'am. 16 Q. Is it an attorney-client relationship? 17 MR. SHARTLE: 18 Object, calls for a legal conclusion. 19 A. I'm uncertain. 20 Q. Does the Ratchford Law Group have an interest -- 21 an economic interest in the outcome of the 22 lawsuit? 23 MR. SHARTLE: Object to the form. 24 A. Can you rephrase that, please. 25 Q. Does the Ratchford law firm get paid only if THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 18 of 207 1906 1 2 PageID #: 18 money is collected as a result of the lawsuit? A. Not as a result of the lawsuit. They get paid 3 for money collected. It has nothing to do 4 whether a suit was filed or outcome of the 5 lawsuit. 6 Q. Is it a contingent fee? 7 A. Yes, ma'am, it is. 8 Q. How is Transworld Systems paid? 9 A. We also take a percentage of payments received. 10 Q. And are there any other organizations or people 11 who have an economic interest in the lawsuit that 12 was filed by the National Collegiate Student Loan 13 Trust against Sara Thurlow? 14 MR. SHARTLE: Object to the form. 15 A. Please rephrase. 16 Q. Other than -- it sounds like if -- if National 17 Collegiate Student Loan Trust is successful in 18 collecting the money it says it is owed by my 19 clients, Ratchford Law Group is going to get some 20 of it. Correct? 21 A. Yes, ma'am. 22 Q. And Transworld Systems will get some of it. 23 Correct? 24 A. Yes, ma'am. 25 Q. And what other organizations or people will get THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 19 of 207 1907 PageID #: 19 1 some of the proceeds from a successful collection 2 lawsuit such as the one that you're talking 3 about? 4 A. As stated, it has nothing to do with the 5 successful collection lawsuit. 6 recovery of sums owed. 7 we remit to U.S. Bank on behalf of the trust that 8 owns the loan, and then they will disburse it to 9 various parties. 10 Q. It's just But the remaining portion To whom I'm uncertain of. Describe for me, please, the training that you 11 received before you were made the senior 12 litigation paralegal for Transworld Systems? 13 A. Specific to that job capacity? 14 Q. Yes. 15 A. There's really no additional training. 16 17 It was just a progression of prior duties. Q. 18 Have you ever been trained as a paralegal? MR. SHARTLE: Object to the form. 19 A. Can you rephrase that? 20 Q. Do you have any training to be a paralegal? 21 MR. SHARTLE: Object to the form. 22 A. No, ma'am. 23 Q. Have you ever taken any paralegal courses? 24 A. No, ma'am. 25 Q. Have you ever personally been a party to a THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 20 of 207 1908 1 PageID #: 20 lawsuit? 2 A. Not to my knowledge. 3 Q. Have you ever been arrested? 4 A. No, ma'am. 5 Q. Have you ever filed bankruptcy? 6 A. No, ma'am. 7 Q. Do any of the duties of your job as the senior 8 paralegal -- let's see, senior litigation 9 paralegal include receiving, applying, or 10 accounting for loan payments? 11 MR. SHARTLE: Object to the form. 12 BY MS. DILL: 13 Q. I can break that down, if you want. 14 A. Yes. 15 Q. Does it -- as the senior litigation paralegal, do Please do. 16 you have any job duties around collecting money 17 from student loan borrowers? 18 MR. SHARTLE: Object to the form. 19 A. Directly, no, ma'am. 20 Q. Do you have any responsibilities around applying 21 payments made by student borrowers to amounts 22 allegedly owed to the trust? 23 MR. SHARTLE: Object to the form. 24 A. No, ma'am. 25 Q. Do you have any responsibilities for accounting THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 21 of 207 1909 PageID #: 1 in terms of the various loan transactions that 2 come in? 3 functions? 4 A. 5 6 Do you manage any of those accounting I do not manage any of those accounting functions. Q. 7 In this case, who was responsible for servicing the loans at issue? 8 9 21 MR. SHARTLE: A. 10 Object to the form. The original servicer for the loans was a company called American Education Services. 11 Q. Tell me about that company, as much as you know. 12 A. They are a loan servicer owned and doing business 13 through Pennsylvania Higher Education Assistance 14 Agency. 15 loans, they service loans from time of 16 disbursement until the loan is defaulted and 17 charged off. 18 Q. And they service -- for these particular Are they connected in any way, as far as you 19 know, to Transworld Systems or the National 20 Collegiate Student Loan Trust? 21 MR. SHARTLE: 22 Object to the form, connected. 23 A. Can you clarify connected. 24 Q. Do they have a legal relationship? 25 MR. SHARTLE: Object to the form, calls THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 22 of 207 1910 1 PageID #: 22 for a legal conclusion. 2 A. Can you rephrase that? 3 Q. You said that AES was the servicer for this 4 particular loan. As servicer, was it working for 5 Transworld Systems? 6 A. Not as servicer, no, ma'am. 7 Q. Who was AES working for when they were servicing 8 this loan? 9 A. They were working for the trust. 10 Q. Does AES continue to service loans for the trust, 11 12 as far as you know? A. 13 As of today, yes. Any current loan that has not defaulted. 14 Q. Does AES have its own system of accounting? 15 A. Yes, ma'am. 16 Q. Is either the FACS system or the CRS system that 17 you mentioned earlier systems used by AES? 18 A. No, ma'am, they are not. 19 Q. Do you have access to the AES database as the 20 senior litigation paralegal for Transworld 21 Systems? 22 A. Yes, ma'am, I do. 23 Q. How is it that you have access to that? 24 A. With our relationship with AES, they have granted 25 certain individuals who work for TSI, Transworld THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 23 of 207 1911 PageID #: 23 1 Systems, on behalf of the trust access to 2 their system through our own unique log-in 3 credentials and have provided training on their 4 systems of record as well as their practices and 5 inputting records into their system and 6 maintaining them. 7 Q. Okay. So you do know then a little bit about the 8 relationship that AES has with Transworld because 9 you just mentioned it. 10 11 So what do you understand of the relationship between AES and Transworld? A. Well, we have various relationships. Transworld 12 is a large company, and so is AES. 13 this particular loan, it's the servicing 14 relationship, the handoff between the time that 15 AES services up until default of the loan where 16 today Transworld takes over at default. 17 work together in that middle period where the 18 loans are charging off. 19 Pertaining to So we And also, Transworld provides a function for 20 delinquent loans. Once a loan goes 31 days 21 delinquent, AES will send it to Transworld 22 Systems to then send out to an agency to attempt 23 to recover and cure that delinquency. 24 a month past due, they try to bring that loan 25 current. If they're And Transworld will manage that process THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 24 of 207 1912 PageID #: 24 1 by placing that loan out with another third-party 2 entity or in some cases placing it back to AES 3 for them to attempt to cure the delinquency. 4 Q. Other than the records that AES provides you 5 through your unique log-in, does Transworld 6 System have any other records of the loan at 7 issue? 8 9 MR. SHARTLE: A. 10 11 Object to the form. Can you please rephrase that? I don't understand. Q. 12 AES was the loan servicer through default. Correct? 13 A. Yes, ma'am. 14 Q. And during that time generated records of the 15 account -- 16 A. Yes, ma'am. 17 Q. -- when payments were made. 18 A. Yes, ma'am. 19 Q. And at the time of default or around that time, Correct? 20 the case is then transferred to Transworld. 21 Right? 22 A. The loan is, yes, ma'am. 23 Q. Right. At the time of that transfer, the 24 handoff, is -- the account history, the payments 25 made, credits, et cetera, interest accrued, is THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 25 of 207 1913 PageID #: 25 1 that information that is transferred from AES to 2 Transworld? 3 A. Yes, ma'am, it is. 4 Q. Okay. Other than the information that Transworld 5 gets about the loan from AES at the time of 6 transition, does Transworld have any other 7 independent records of the loan history; or is it 8 working on or working off the information it got 9 from AES? 10 A. The information from AES at time of default goes 11 to Transworld to create our initial -- our 12 initial file. 13 the servicing with any interest accrual, payments 14 being credited, adjustments. 15 service the loan from that point forward. 16 Q. Okay. And then we pick up from there on And we monitor and And my question was at the point that you 17 get the information from AES, do you have any 18 other independent source of information about the 19 past history of the loan; or do you rely solely 20 on what AES gives you? 21 A. We rely on what AES gives us. I mean, as the -- 22 as servicing the loan, they were the ones 23 responsible for maintaining the accurate loan 24 records. 25 from there. So they give it to us, and we take it THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 26 of 207 1914 1 Q. PageID #: 26 And AES has a -- one system of maintaining loan 2 records -- a unique system apparently -- correct, 3 that's different from the FACS and the CRS; is 4 that right? 5 A. Yes, ma'am. 6 Q. What is the AES system called? 7 A. OC Web. 8 9 It's also referred to as Compass sometimes. Q. 10 How is it that loan payment information was used to create records by AES? 11 MR. SHARTLE: Object to the form. 12 A. Can you rephrase that? 13 Q. What -- how did AES create its records? 14 MR. SHARTLE: Objection, outside the 15 scope of the notice. 16 representative. He's here as a TSI 17 BY MS. DILL: 18 Q. Do you know? 19 A. Maybe if you rephrase it? 20 21 I'm -- I'm not understanding. Q. As the senior litigation paralegal, you get word 22 or there's notice that a loan has been defaulted. 23 And, therefore, it's going to go from AES to 24 Transworld. 25 A. Right? Yes, ma'am. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 27 of 207 1915 1 Q. 2 At that point when you get the AES information, Do you go into the AES system and retrieve 4 information and put it into Transworld System? A. No, ma'am. AES provides us an electronic file 6 with information comprised from their system. 7 And they send that to us through a secure site. 8 And we take that information and upload it into 9 our system. 10 Q. 11 So what you get from AES is a summary of their file; is that right? 12 13 MR. SHARTLE: A. Objection, mischaracterization. It's an electronic file that they give us that's 14 comprised of their system -- the information 15 that's contained within their system. 16 27 does it come to you on AES Compass system? 3 5 PageID #: Q. 17 Do you have the ability to go in and make changes to the documents that are produced by AES? 18 A. No, ma'am. 19 Q. Other than logging in and viewing the documents, 20 do you have any other responsibilities for the 21 AES file once it comes through? 22 A. Can you rephrase that, please? 23 Q. Do you, for instance, do anything to ensure the 24 25 accuracy of the AES electronic file? A. There's various systematic checks that are put in THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 28 of 207 1916 PageID #: 28 1 place at time of the file coming over to us 2 before we import it into our system. 3 there's data missing, it will be kicked out 4 in an exception file and manually reviewed. 5 Or if there's data that appears to be suspect, 6 like if an account comes over to us with a 7 balance of 1 cent, that's going to be kicked 8 out as an exception to be manually reviewed to 9 see if it's accurate and should have come over. 10 So if And there's other system checks in place that 11 when the account -- when the file comes over from 12 AES, that whole file gets run through these 13 various scrubs; and any exceptions get kicked 14 out. 15 the files, those would then get put into our 16 system -- 17 Q. 18 And if there's no exceptions on some of TSI system. How many files do you manage? MR. SHARTLE: 19 Object to the form. you asking about him or the company? 20 BY MS. DILL: 21 Q. You personally. 22 A. I -- I don't know. 23 Q. How is it that you don't know? 24 25 Are MR. SHARTLE: A. Objection, argumentative. Well, I don't know what you mean by how many THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 29 of 207 1917 1 PageID #: 29 accounts I manage. 2 Q. You assist in litigation. 3 A. Yes, ma'am. 4 Q. How many cases are you assisting in? 5 A. I'm uncertain. 6 Q. More than 100? 7 A. For the entire company, yes, ma'am. 8 Q. How many lawsuits do you believe Transworld 9 Right? Systems has authorized firms such as the 10 Ratchford group to file on behalf of the National 11 Collegiate Student Loan Trust? 12 A. I'm uncertain. 13 Q. How many lawsuits are you aware of involving the 14 National Collegiate Student Loan Trust? 15 A. I don't know. 16 Q. Okay. 17 I'm going to give you -- these are premarked exhibits that -- 18 (Discussion off the record.) 19 BY MS. DILL: 20 Q. 21 Okay. First, I would like you to please look at Exhibit 1 and -- 22 (Discussion off the record.) 23 BY MS. DILL: 24 Q. 25 I have marked for identification, and I would like you to please review Exhibit 1, which is the THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 30 of 207 1918 1 second amended notice of deposition. 2 seen this document before? PageID #: 30 Have you 3 A. Yes, ma'am. 4 Q. And are you the designated witness to testify for 5 National Collegiate Student Loan Trust 2006-3 on 6 the matters described in the notice? 7 A. Yes, ma'am. 8 Q. Now, I would like you to please look at 9 Deposition Exhibit 2. And Deposition Exhibit 2 10 is an affidavit and verification of account that 11 was filed in this case in support of a motion for 12 default. 13 A. Correct? This is affidavit and verification of account. 14 don't recall whether it was filed for a motion 15 for default or not. 16 Q. Okay. Do you know James Cummins? 17 A. Yes, ma'am, I do. 18 Q. And is he still employed by Transworld Systems? 19 A. Yes, ma'am. 20 Q. And what is his job? 21 A. He's a legal case manager. 22 Q. Does he work with you? 23 A. He works in the same office as me. 24 Q. In the same actual physical space? 25 A. Yes, ma'am. THE REPORTING GROUP Mason & Lockhart I Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 31 of 207 1919 1 Q. 2 PageID #: How long has he been a legal case manager; do you know? 3 A. Two years, maybe two and a half. 4 Q. Are you his boss? 5 A. No, ma'am. 6 Q. Is he your boss? 7 A. No, ma'am. 8 Q. What is his relationship to you in terms of the 9 10 day-to-day job? A. I assist if any questions come up that he may 11 have reviewing an affidavit or discovery or 12 otherwise. 13 31 Q. Did Mr. Cummins ever discuss with you this case 14 or the related -- when I say this case, for the 15 record I'm now talking about loans -- the -- yes, 16 both civil dockets 15-324 and 15-326, which have 17 been consolidated. 18 A. 19 20 cases with me. Q. 21 22 I don't recall him discussing either of these two What did you do to prepare for today's deposition? A. I reviewed the notices. I had looked through the 23 account records of both of the accounts at issue 24 for Ms. Thurlow. 25 Q. Do you have those records with you? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 32 of 207 1920 PageID #: 32 1 A. No, ma'am. 2 Q. Where did you look at the account records? 3 A. Online through our systems, CRS, I looked through 4 the AES system, the Compass OC. 5 Q. Is the AES system the same as the Compass -- 6 A. Yes. 7 Q. -- OC system? 8 A. Yes, ma'am. 9 Q. So the CRS and the AES system, are those the 10 universe of systems that contain documents 11 related to this case? 12 A. Well, those are the electronic systems for the 13 electronic files. The actual documents are 14 maintained on the site that we talked about 15 earlier, Media Locator, which is the repository 16 of the account level documents. 17 Q. Where is the Media Locator? 18 A. It's an online portal that's maintained with one 19 of our servers. 20 Q. Who maintains it? 21 A. It's maintained by TSI. 22 Q. How did TSI get the documents? 23 A. Which documents in particular? 24 Q. Well, for instance, the promissory note. 25 A. That was transferred to either TSI or NCO. THE REPORTING GROUP Mason & Lockhart I Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 33 of 207 1921 PageID #: 1 don't recall exactly when the transfer occurred 2 at default by AES. 33 3 Q. By AES? 4 A. Yes, ma'am. 5 Q. So the actual physical documents -- are there any 6 actual physical documents, pieces of paper? 7 MR. SHARTLE: Object to the form. 8 A. For this particular loan? 9 Q. Yes. 10 A. Not to my knowledge. 11 Q. And when you say this particular -- 12 A. Not in TSI's possession. 13 Q. And when you say in this particular case, are you 14 referring to both cases -- 15 A. Yes, ma'am. 16 Q. -- both loans? 17 A. I am. 18 Q. Okay. So there are no paper documents in TSI's 19 possession. 20 documents anywhere? 21 A. Do you know if there's paper The only -- 22 MR. SHARTLE: 23 term paper documents. 24 BY MS. DILL: 25 Q. Object to the use of the Do you know what I mean when I say paper THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 34 of 207 1922 1 2 PageID #: 34 documents? A. 3 Actual documents that main -- or that are maintained outside of an electronic system? 4 Q. Yes. 5 A. Okay. Other than letters that were sent or other 6 correspondence sent by Ms. -- or to Ms. Thurlow 7 that she may have in her possession, there are no 8 other paper documents that I'm aware of. 9 Q. 10 11 So when you talk about looking at documents, it's always an electronic database? A. 12 13 Okay. Pertaining to Ms. Thurlow's loan, yes; that is correct. Q. 14 And it's either the CRS system -- which TSI created and maintains. Correct? 15 A. I don't know if TSI created it. 16 Q. Okay. 17 A. For these loans, yes, ma'am. 18 Q. And the AES? 19 A. Yes, ma'am. But it's the TSI system? Those are the electronic account 20 records that maintain the actual account. Then 21 we have the Media Locator that has actual 22 documents that are saved in electronic format 23 such as copies of the promissory note, other 24 payment histories. 25 Compass -- not Compass, On Base that maintains There's another system called THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 35 of 207 1923 PageID #: 35 1 any copies of correspondence that we may have -- 2 TSI may have received pertaining to the loan. 3 Q. Okay. So for those three systems of document 4 management, CRS, Compass, and Media Locator, do 5 you, as the senior litigation paralegal, have the 6 ability to change any of the documents or -- 7 A. In Media Locator, no, because those are scans of 8 actual documents. 9 PDF or TIFF format. Those are all maintained in 10 Q. Okay. 11 A. CRS, yes, I can update such things as address, if 12 we get a new address, or a phone number. 13 input account notes, spoke to consumer, discussed 14 whatever. 15 account. 16 I can And I could update the status of the So I can make modifications within CRS. And 17 that's dictated by each individual's log-in. 18 some individuals can do things that others can't. 19 AES, I have no ability; nor does any TSI 20 representative have ability to change or alter 21 any information in the AES system. 22 for view only. 23 Q. Okay. So It's strictly And is it fair to say that you don't 24 really know how the Media Locator documents were 25 created? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 36 of 207 1924 1 MR. SHARTLE: PageID #: Objection, mischaracterization. 2 A. The documents weren't created. 3 Q. They were scanned? 4 A. They were scanned into the locator. 5 Q. When was that done; do you know? 6 A. It depends on the documents. 7 Q. Okay. 8 A. The Media Locator has multiple documents. 9 36 So -- So this one, the loan charged off in April of 2012. 10 So at or around April -- usually we get the 11 documents within the month preceding, so within 12 March -- and without looking at the actual system 13 I don't know the exact date; but in March or 14 April of 2012 AES would have sent over an 15 electronic file containing scans of promissory 16 notes for loans that were charging off. 17 scans would have then been identified, tagged 18 with the appropriate account number, and then 19 scanned in and stored in the Media Locator under 20 the individual account that those documents 21 pertained to. 22 get throughout the course that are scanned in at 23 later dates potentially. 24 25 Q. Those There's other documents that we So -- but you don't know who actually did the scanning in this particular case? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 37 of 207 1925 PageID #: 1 A. The individual person, no. 2 Q. Or when? 3 A. When, it would have been in March of 2012. 4 Q. Okay. 5 37 You're speculating though a little bit because -- 6 MR. SHARTLE: 7 BY MS. DILL: 8 Q. 9 -- because that's what typically happens? MR. SHARTLE: 10 Objection, argumentative. You asked him, and he answered the question. 11 BY MS. DILL: 12 Q. 13 Do you know for a fact that the documents were transferred in March? 14 A. In March or April, yes, ma'am. 15 Q. Okay. 16 And the date of transfer is something you know based on what? 17 A. That's the business practice. 18 Q. Okay. So in this case, do you know -- is there 19 any evidence that the documents were transferred 20 at that time; or are you just assuming that they 21 were because that's the practice? 22 MR. SHARTLE: 23 with the witness. 24 BY MS. DILL: 25 Q. Objection. You're arguing Asked and answered. And I'm not trying to argue you. THE REPORTING GROUP Mason & Lockhart I apologize if Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 38 of 207 1926 1 2 PageID #: you're taking my questions as argument. A. 3 As stated, without looking at my system, I don't know the exact dates -- 4 Q. Okay. 5 A. -- that the documents were logged in. 6 Q. All right. Getting back to Exhibit 2, is there a 7 reason why Mr. Cummins has not appeared for 8 today's deposition given the subject matter 9 described in the notice? 10 38 A. Well, the notice actually just describes 11 Ms. Holiday's affidavit, not Mr. Cummins's. 12 it's a 30(b)(6) with a wider scope. 13 determined through discussions -- 14 MR. SHARTLE: 15 And And we Don't reveal any of the conversations that we have had. 16 A. -- that I would be the witness. 17 Q. Okay. The affidavit and verification of account 18 that Mr. Cummins signed that you're here to 19 testify about, that is a standard form, correct, 20 that's used in many cases brought by National 21 Collegiate Student Loan Trust? 22 MR. SHARTLE: 23 MS. DILL: 24 25 Object to the form. This is cross-examination. And these -MR. SHARTLE: I know. THE REPORTING GROUP Mason & Lockhart It's a very bad Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 39 of 207 1927 1 PageID #: 39 question, too. 2 MS. DILL: 3 BY MS. DILL: 4 Q. Okay. Isn't it true that the affidavit and verification 5 of account is a form that's used often in cases 6 brought by National Collegiate Student Loan Trust 7 was the question? 8 A. This was an affidavit template that was used at 9 the time that was in production at the time that 10 it was signed and used for this individual trust 11 entity. 12 Q. Who created the document? 13 A. Can you clarify that, please. 14 Q. Exhibit 2, which is a document that was filed by 15 the National Collegiate Student Loan Trust in the 16 Portland District Court signed by Mr. Cummins, 17 who created it? 18 MR. SHARTLE: 19 signed it? 20 document? 21 A. Yes. 22 24 25 Who Who actually authored the Who typed the document? I'm -MR. SHARTLE: 23 Object to the form. Object to the form of the question. A. I'm uncertain as to what you mean by who created it. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 40 of 207 1928 PageID #: 40 1 Q. The -- you said it was a template? 2 A. Yes, ma'am. 3 Q. Who made the template? 4 A. Multiple parties had input on the template, 5 including inside and outside counsel. 6 Q. And is your office in the county of Gwinnett? 7 A. Gwinnett, yes, ma'am. 8 Q. Gwinnett, okay. 9 And does Mr. Cummins work in Gwinnett? 10 A. Yes, ma'am. 11 Q. Did Mr. Cummins stamp his name on the front? 12 A. Yes, ma'am. 13 Q. Did you see him do that? 14 A. No, ma'am. 15 Q. Did he tell you that he did that? 16 A. No, ma'am. 17 Q. Did you have any conversations with Mr. Cummins 18 before today's deposition about this case? 19 A. No, ma'am. 20 Q. How do you know then that he did stamp his name? 21 A. The procedures that all the affiants, legal case 22 managers, follow have them being required to 23 check out affidavit batches or a batch and 24 review. 25 with the ability to stamp their name. And they have -- they're the only ones THE REPORTING GROUP Mason & Lockhart They Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 41 of 207 1929 PageID #: 41 1 maintain their own stamps. 2 public area that another employee could get ahold 3 of and stamp someone else's name. 4 Q. 5 They're not in any How many affidavits and verification of accounts make up a batch; do you know? 6 A. Currently, it's no more than 10 within a batch. 7 Q. And how many batches are usually processed by a 8 9 legal case manager for TSI on a daily basis? A. Typically no more than three or four batches are 10 reviewed. 11 batches are less than 10. 12 affidavits are not signed, for various reasons. 13 So -- 14 Q. 15 And some of those -- some of those And also some of those Before today's deposition, had you ever seen what's been marked Deposition Exhibit 2? 16 A. Yes, ma'am. 17 Q. When? 18 A. Throughout my review of the accounts in 19 preparation of today's deposition. 20 Q. When is the first time that you saw it? 21 A. I don't recall. 22 Q. Was it yesterday? 23 A. No, ma'am. 24 Q. In the second paragraph of Deposition Exhibit 2, 25 Mr. Cummins swore that he was competent and THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 42 of 207 1930 PageID #: 42 1 authorized to testify relating to this action 2 through personal knowledge of the business 3 records, including the electronic data, sent to 4 TSI that detail the education loan records. 5 you know what he's referring to in that 6 paragraph? 7 A. Do So that refers to both the electronic records 8 that we talked about earlier that AES sent over 9 at time of charge-off to form our initial account 10 file, including the -- and also including any 11 electronic data that we have gained throughout 12 the servicing process up until the time that he 13 reviewed this affidavit. 14 Q. 15 Do you know if Mr. Cummins actually did that review? 16 A. I believe he did. 17 Q. And what are the record management practices and 18 procedures that the National Collegiate Student 19 Loan Trust requires of Transworld System? 20 A. So they require us to keep and maintain the 21 electronic record, log any payments or 22 adjustments to the account record accurately 23 and on a timely basis, and maintain the actual 24 loan documents in electronic format with no 25 destruction policy on those documents. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 43 of 207 1931 1 Q. 2 PageID #: Where does this policy -- where is it memorialized? 3 A. It's memorialized within our contract. 4 Q. What contract is that? 5 A. The contract that we have that enacts us as 6 7 servicer. Q. 8 The contract between Transworld Systems and National Collegiate Student Loan Trust? 9 A. It's between Transworld Systems and U.S. Bank. 10 Q. Have you read the contract? 11 A. Yes, ma'am. 12 Q. How long is it? 13 A. It's got multiple amendments to it. 14 15 43 I'm not sure in total how many pages it is. Q. Now, Mr. Cummins attached to his affidavit and 16 verification of account what he said was a true 17 copy of the underlying credit agreement and 18 promissory note, which is Deposition Exhibit 3. 19 Deposition Exhibit 3 consists of a note 20 disclosure statement and one page of a loan 21 request credit agreement. Correct? 22 A. Yes, ma'am. 23 Q. When Mr. Cummins accessed the electronic data to 24 append what he testifies is a true copy of the 25 underlying credit agreement and promissory note, THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 44 of 207 1932 1 2 PageID #: 44 which system did he use? A. Actually, when the affidavits are prepared and 3 taken out by the affiant, they already have the 4 exhibit attached to it. 5 pull the exhibit to match it up with. 6 already pulled for him. So he didn't personally It was 7 Q. By whom? 8 A. By a member of the affidavit production team. 9 And Mr. Cummins would go through the documents 10 that were attached and verify their accuracy 11 based on the account record -- the electronic 12 account record that we have both in CRS and 13 within AES. 14 Q. So the actual figures that are included in the 15 affidavit in paragraph 6 allegedly stating the 16 amounts owed by my clients, those figures were 17 not inserted by Mr. Cummins? 18 A. No, ma'am. 19 Q. Who inserted those figures? 20 A. That would have been through the merge process 21 when the template was used by the affidavit 22 production team. 23 Q. 24 25 What is the merge process used by the affidavit collection -- what is the affidavit -- what team? A. Production team. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 45 of 207 1933 1 Q. 2 3 PageID #: 45 What is the merge process used by the affidavit production team? A. It's a simple merge function within Word. So 4 there's various fields, including those balance 5 fields, that are merge fields. 6 pull in the data that corresponds to that merge 7 field out of the affidavit database. 8 Q. 9 When the affidavit production team uses this merge function, does it extract the numbers from 10 11 So they would the AES database? A. No. They're from the CRS system. So CRS will 12 send a file to our affidavit database. 13 affidavit database will then update the 14 information based on the information from CRS 15 at the time that that affidavit was requested. 16 And then when the affidavits goes to print, the 17 various fields that are within it merge to 18 include the data that was inputted into the 19 affidavit database that came from CRS. 20 Q. Our And the CRS -- I'm still unclear about the -- the 21 CRS database, it has loan information that was 22 obtained independently of AES or from AES? 23 A. Both. So the initial record within CRS is data 24 from AES. And then throughout time that record 25 continues to grow. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 46 of 207 1934 PageID #: 1 Q. Right. 2 A. If there's any additional payments made, that's 3 4 46 put directly into CRS. Q. Okay. But as far as the time period that AES was 5 the servicer of the loan, the only information 6 about the loan for that time period was generated 7 by AES. Correct? 8 A. Yes, ma'am. 9 Q. And did you say it was a merge function within 10 Word? 11 A. Yes, ma'am. 12 Q. Like Microsoft Word? 13 A. Yes, ma'am. 14 Q. Is the affidavit production team located in 15 Georgia? 16 A. Yes, ma'am. 17 Q. In your office? 18 A. Yes, ma'am. 19 Q. Now, the note that appears as Exhibit 3 -- you 20 know documents that Mr. Cummins attached to his 21 affidavit, specifically the loan request and 22 credit agreement, identifies the loan program as 23 the Next Student Undergraduate Loan program. 24 Correct? 25 A. Yes, ma'am. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 47 of 207 1935 1 Q. PageID #: 47 And at the bottom of the page there is a 2 number -- some sort of identification at the 3 bottom beginning with AB.06-07.CSX1. 4 where I'm reading? Do you see 5 A. Yes, ma'am. 6 Q. What is that? 7 A. AB identifies the lender, and that's Charter One. 8 06-07 is -- relates to the program year of the 9 loan. CSX1 means -- CXS means cosigned; 1 means 10 by one person. 11 iteration of this set of terms. 12 to consumer program. 13 February of 2006. 14 were first put into production, as of February. 15 Q. 16 10DC -- 10 means it's the first DC is the direct And then 0206 means And that's when these terms Who created that -- I don't know. What would you call it? 17 A. Term code. 18 Q. Term code, thank you. 19 Who created that term code? 20 A. I'm uncertain. 21 Q. When was it created? 22 A. I don't know. 23 Q. Looking now at what's marked Deposition 24 Exhibit 4, which is the affidavit and 25 verification of account by Alicia Holiday THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 48 of 207 1936 PageID #: 1 submitted to the Portland District Court, you 2 have been designated by National Collegiate 3 Student Loan Trust to testify about the subject 4 matter of this affidavit. 5 that today? Are you prepared to do 6 A. Yes, ma'am. 7 Q. Who is Alicia Holiday? 8 A. She was another legal case manager. 9 Q. Does she work in your office in Georgia? 10 A. Yes, ma'am. 11 Q. Do some legal case managers such as Ms. Holiday 12 just sign affidavits for purposes of summary 13 judgment and others such as Mr. Cummins sign 14 affidavits for default judgment? 15 A. No, ma'am. 16 Q. Does Alicia Holiday still work for Transworld 17 Systems? 18 A. Yes, ma'am. 19 Q. How long has she worked there; do you know? 20 A. I think she's been about two years also. 21 Q. Alicia Holiday says that TSI is the designated 22 custodian of records for the defendants' 23 educational loan. 24 designated custodian of records? 25 A. What does that mean, a We have been designated by the trust or by U.S. THE REPORTING GROUP Mason & Lockhart 48 Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 49 of 207 1937 PageID #: 49 1 Bank on behalf of the trust to maintain the 2 records for the individual loan at issue on 3 behalf of the trust. 4 Q. And what exactly do you do to maintain them? 5 A. Well, we have the electronic file that we keep 6 and keep a running balance of the account, 7 interest accrual, payments, any notes. 8 maintain the actual loan level documents within 9 our Media Locator that has no destruction policy. 10 11 We also So those are maintained in PDF format. Q. 12 Does the no destruction policy only apply to documents in the Media Locator? 13 A. I'm uncertain. 14 Q. What does TSI do to ensure the security of the 15 system? 16 A. The Media Locator system? 17 Q. Yes. 18 A. Well, it's a -- it's an online portal that has 19 various electronic security in place. 20 uncertain exactly what security level it is. 21 in order to access it, you have to have a TSI 22 log-in with a unique password that expires 23 periodically; and you have to update your 24 password. 25 Q. I'm How many people have access to the database -THE REPORTING GROUP Mason & Lockhart But Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 50 of 207 1938 PageID #: 1 the three databases, AES, CRS, and the Media 2 Locator? 3 A. TSI employees that have access to AES, I would 4 say between 10 and 20 people maybe. 5 sure. 6 Q. 7 50 CRS, I'm not It would be more than 20. Have you made any notes on this case in the data system? 8 A. I don't think so. 9 Q. Were there any notes made by others? 10 A. Yes, ma'am. 11 Q. Do you recall what those notes said? 12 A. Well, Mr. Cummins and Ms. Holiday both noted in 13 the account that they received an affidavit. 14 they executed the affidavit -- at that time they 15 each executed it. 16 And Also, there's notes on the file from our 17 attorney; and any other collection agency would 18 also have notes on there. 19 Q. 20 When you say our attorney, are you talking about the Ratchford Law Group? 21 A. Yes, ma'am. 22 Q. What training did Alicia Holiday have on the 23 system of record used by Transworld Systems to 24 enter and maintain loan account records? 25 A. So she was trained when she became an employee. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 51 of 207 1939 PageID #: 51 1 So she got her own log-in; and then she was 2 walked through the various screens within the 3 system, how to update those records, how to look 4 at various things such as payments, adjustments. 5 Q. Do you have personal knowledge of that, or are 6 you testifying based on your belief that there's 7 a policy and practice in place that would have 8 caused that to happen? 9 MR. SHARTLE: Objection. Are you asking 10 him to answer the question as an individual 11 or as a representative? 12 BY MS. DILL: 13 Q. In both capacities my expectation would be that 14 you would testify based on personal knowledge. 15 Is it your personal knowledge that Ms. Cummins -- 16 excuse me, that Ms. Holiday had training on the 17 system? 18 A. Yes, ma'am. 19 Q. How do you know it? 20 A. I'm actually involved in portions of the 21 training. 22 witnessed, when she was originally employed, her 23 training and assisted in various portions of it. 24 25 Q. Okay. And she sits in my office, and I have And so the system of record that she was trained on was the system that we have already THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 52 of 207 1940 1 PageID #: 52 discussed? 2 A. Yes, ma'am. 3 Q. Does she have access to the AES -- 4 A. Yes, ma'am, she does. 5 Q. Does she have access to Compass and the Media 6 Locator, too? 7 A. Compass is the AES system. 8 Q. Okay. 9 A. And Media Locator, yes, ma'am. 10 Q. And Ms. Holiday attached to her affidavit Right. Thanks. 11 several documents that I have presented to you. 12 Exhibit 5 purports to be an authorization from 13 U.S. Bank. Correct? 14 A. Yes, ma'am. 15 Q. Now, Exhibit 6 is described by Ms. Holiday in her 16 affidavit as being a true copy of the loan 17 request and credit agreement. Correct? 18 A. Yes, ma'am. 19 Q. And where did Ms. Holiday retrieve this true copy 20 21 of the original loan document from? A. 22 23 attached by the affidavit production team. Q. 24 25 Like with Mr. Cummins's affidavit, this was Okay. So is Ms. Holiday's job solely to sign the affidavit? A. No. Her job is to review the affidavit for THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 53 of 207 1941 PageID #: 53 1 accuracy; and if all information within the 2 affidavit is accurate and all exhibits attached 3 thereto are accurate, then she has the ability to 4 sign the affidavit. 5 Q. And is it, I guess, your testimony that, in fact, 6 it's an accurate statement that Exhibit 6 is a 7 true copy of the original loan document? 8 A. It appears to be missing a page. 9 Q. What page appears to be missing? 10 A. The last page of the terms. 11 Q. 5 of 5? 12 A. Yes. 13 14 5 of 5 should be a disclosure -- a federal disclosure. Q. Before we continue, I just want to make sure that 15 that was not a mistake by my office. 16 just make sure that -- 17 MR. SHARTLE: 18 Can we take -- go off the record and take a break? 19 MR. MCKINLEY: 20 MS. DILL: 21 Sure. Sure. Take a break. Good idea. 22 (A short recess was taken.) 23 BY MS. DILL: 24 Q. 25 So let me Again, looking at Exhibit 6, which was identified by Alicia Holiday to be a true copy of the loan THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 54 of 207 1942 PageID #: 1 agreement, can you tell from looking at the 2 document where it was retrieved from? 3 A. Not by looking at it. 4 Q. Where do you think it was retrieved from? 5 A. Well, our business practice when producing an 6 affidavit would be for the affidavit production 7 team to pull a copy off of the Media Locator. 8 So they would pull up the account in Media 9 Locator, go to the document that identifies the 10 loan document, and pull that off. 11 basically when they print, they do a collate 12 function where -- it's kind of offset printing; 13 so it will print the affidavit. 14 print the documents. 15 affidavit and another document. 16 Q. 17 54 And then Then it will Then it will print another And the Media Locator is a system that is owned by Transworld Systems. Correct? 18 A. I believe so. 19 Q. And does any other company use it? 20 A. No, ma'am. 21 Q. Only Transworld Systems employees have access to 22 Media Locator? 23 A. To my knowledge, yes, ma'am. 24 Q. And how were the loan documents transferred from 25 the owner to Transworld Systems? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 55 of 207 1943 1 A. PageID #: 55 Well, they were transferred from AES, the 2 servicer -- the previous servicer. 3 transferred to Transworld Systems in an 4 electronic file, basically like a zip file that 5 gets uploaded to Transworld Systems through a 6 secure site. 7 and names those documents, and then we'll upload 8 them to the Media Locator for the individual 9 account that the documents pertain to. 10 Q. 11 12 And it gets And then Transworld Systems goes in And how do the documents get from the trusts to AES? A. Well, AES gets them at time of disbursement. 13 before the trust owns the loan right at 14 disbursement, the either originating bank or a 15 party on the bank's behalf transfers the 16 documents to AES who then maintains them while 17 the loan is being serviced by them. 18 Q. And in this particular case, how was the document 19 trans -- how was the loan document that 20 Ms. Coffey is alleged to have signed, how was 21 it -- how did it get from Maine to the Media 22 Locator? 23 A. 24 25 Well, Ms. Coffey faxed in the document for processing. Q. So And then -- Where did she fax it to? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 56 of 207 1944 1 A. PageID #: She faxed it to -- I am uncertain specifically. 2 It was either to Charter One or a party that 3 Charter One had a contract with to handle the 4 origination of their loans. 5 Q. 6 Okay. So you don't know -- sorry. Bear with me. On one of them there was a reference to 7 Merrill Bank. 8 Well, it will come up. You don't know in this particular case how 9 the loan went from Maine to AES, but you believe 10 it went via the lending bank? 11 12 56 MR. SHARTLE: A. Object to the form. It was faxed to either the lending bank or 13 someone on their behalf. The general practice 14 for these loans where the banks would contract 15 with a third party to process the incoming loan 16 applications and facilitate the disbursement of 17 the loans. 18 been for them to either mail or fax -- in this 19 case they were faxed -- to either the bank or the 20 third party on the bank's behalf that the bank 21 authorized to receive the documents. So the business practice would have 22 Q. And then how would it get to AES? 23 A. So whoever received and facilitated that 24 disbursement would then send it to AES at time of 25 disbursement, will send them the electronic data THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 57 of 207 1945 PageID #: 1 to create their electronic records of initial 2 accounts, and then also will send over the loan 3 documentation. 4 Q. Electronically? 5 A. Yes. 57 Well, electronically in this case since 6 they were faxed. If they were -- in the event 7 that they were actually mailed in and had a 8 physical wet ink version, then those would have 9 been mailed to AES to maintain. 10 Q. How do you know they were faxed in this case? 11 A. They have the fax header on the top indicating 12 that they were faxed. 13 have been mailed in, they would have had a unique 14 numerical sequence stamped on them. 15 the -- that's the way that AES logs them and 16 stores them and is able to -- it's like a card 17 catalog essentially. 18 them when needed in the future. 19 Q. 20 21 And also, if they would And that's And then they will pull And in this case, did Sarah Thurlow fax five pages of loan documents? A. She did fax five pages, but she did not fax the 22 same five pages that are attached in your 23 Deposition Exhibit 6. 24 Q. How do you know that? 25 A. Well, Ms. Thurlow would have -- or would not fax THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 58 of 207 1946 PageID #: 58 1 back the terms of the agreement. 2 obligated to fax back the signature page. 3 that's actually just referenced right above her 4 signature. 5 proof of income and other information, if 6 applicable. 7 document to. 8 She's only And It says, just return this page with And it gives where to fax the So when Ms. Thurlow and Ms. McMullen received 9 the loan packages, they would have received three 10 loan packages, one being the lender copy, which 11 is what this is as evidenced right below 12 Ms. McMullen's signature. 13 received a borrower copy and a cosigner copy. 14 And a borrower copy and a cosigner copy are the 15 signature page with the corresponding terms and 16 conditions. 17 signature page. 18 Q. 19 20 The lender copy is just this And the term code that appears at the bottom of Deposition Exhibit 6, who put that there? A. I'm uncertain. 21 MR. SHARTLE: 22 are you referring to? 23 24 25 Then they would have Object to the form. Do you want to make an exhibit reference? MS. DILL: Exhibit 6, at the bottom THE REPORTING GROUP Mason & Lockhart What Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 59 of 207 1947 1 there's a term code AB.06-07. 2 similar one on another document. 3 A. 4 5 It was the same code. Q. It was just on a different I'm looking at Bates stamped page 8 compared to Bates stamped page 16 -- 7 MR. SHARTLE: 8 BY MS. DILL: 9 Q. Objection. -- after the term code. And it appears that it is identical. 11 MR. SHARTLE: And I apologize. Just for 12 the record, you -- you -- are you referring 13 to Bates stamped documents? 14 just said? That's what you 15 Where are they Bates stamped? 16 I apologize. 17 MS. DILL: The lower right-hand corner, 18 the deposition exhibits were Bates stamped by 19 my office just so we could better keep track 20 during the conversation. 21 22 MR. SHARTLE: 24 25 Oh, 16, 15 are you talking about? 23 THE DEPONENT: I thought she said 8, not 16. MR. SHARTLE: 59 We discussed a document. 6 10 PageID #: Okay. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 60 of 207 1948 1 Okay. 2 MS. DILL: 3 PageID #: 60 I'm sorry. That's okay. I'm just trying to understand what all these numbers mean. 4 MR. SHARTLE: 5 BY MS. DILL: 6 Q. Yes. And with respect to the term code that appeared 7 on the Bates stamped page 8, you said you didn't 8 know what it was; so I assume you don't know what 9 it was on page 16 as well? 10 A. No. I identified each piece of that previously. 11 Q. But you don't know who put it there? 12 A. Oh, no, ma'am. 13 Q. So it could have been AES? 14 A. No, ma'am. 15 Q. How -- how do you know that? 16 A. Because this document was created prior to AES's 17 involvement. 18 loan is actually disbursed. 19 are put on here when the loan -- when the 20 document is created and sent to the consumers for 21 signature. 22 Q. Okay. AES doesn't get involved until the And the term codes You -- on page -- it's the second page of 23 Deposition Exhibit 6, which is Bates stamped 24 page 17. 25 paragraph 2 it says that the variable rate On the right-hand side of the page in THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 61 of 207 1949 PageID #: 1 will -- and I'm summarizing now. 2 exceed the rates allowed by the State of Ohio. 3 Correct? 61 It says, won't 4 A. Yes, ma'am. That's what it says. 5 Q. And on page 20 of Deposition Exhibit 6, which is 6 the note disclosure statement, that was also 7 appended to the Holiday exhibit and filed in 8 district court, the loan program at the bottom is 9 identified as the Next Student Undergrad Loan 10 program. Correct? 11 A. Yes, ma'am. 12 Q. Now, looking at Deposition Exhibit 7, is it fair 13 to say that Deposition Exhibit 7 was presented to 14 the Court by Ms. Holiday to represent the chain 15 of ownership of the underlying loan? 16 A. I'm sorry. 17 Q. Yes. Can you repeat the question? Was the purpose of Deposition Exhibit 7 18 attached to the affidavit of Alicia Holiday to 19 present to the District Court the chain of 20 ownership of the loan? 21 A. Yes, ma'am. 22 Q. And what do you understand Exhibit 7 to be? 23 A. So Exhibit 7 actually encompasses a couple 24 different documents, the first of which is a pool 25 supplement document. And this document is THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 62 of 207 1950 PageID #: 62 1 between Charter One Bank and National Collegiate 2 Funding with First Marblehead Corporation also in 3 there whereby this agreements takes a pool of 4 loans that were originated by Charter One Bank 5 and sells, assigns, and transfers that pool of 6 loans to National Collegiate Funding as of 7 September 28, 2006. 8 identified as schedule 2, being a list of all the 9 individual loans within the pool. 10 And that pool of loans is And then Exhibit -- Deposition Exhibit 7, 11 Bates No. 26 is an excerpt of the schedule 2 12 showing Ms. Thurlow's individual loan being 13 included within that pool. 14 Q. The pool supplement that has been marked 15 Deposition Exhibit 7 also identifies note 16 purchase agreements that it pertains to. 17 Correct? 18 A. Yes, ma'am. 19 Q. And of the note purchase agreements that are 20 listed on schedule 1 -- and now, I'm looking at 21 the Bates stamped pages 24 and 25 -- identify for 22 me, please, which note purchase agreement would 23 include the notes that are the subject of this 24 case? 25 A. This would be one, two, three, four, five, six -THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 63 of 207 1951 PageID #: 1 the sixth bullet point down on Bates number 24, 2 note purchase agreement dated May 15, 2002, by 3 and between FMC and program lender for Next 4 Student. 5 Q. 6 Okay. So the loan at issue was allegedly dated in 2006. Correct? 7 A. Yes, ma'am. 8 Q. But you're saying that the note purchase 9 10 agreement dated May 15, 2002, encompassed it? A. 11 12 Q. The -- so the TERI guaranteed Next Student loan program is -- A. 15 16 Encompassed the loan program, not the individual loan. 13 14 63 I actually believe those two are the same agreement. Q. The loan program identified on the note is Next 17 Student Undergraduate Loan. 18 that the Next Student Undergraduate Loan program 19 is the same as the TERI Guaranteed Next Student 20 Loan program? 21 A. Is it your testimony It falls within the Next Student Loan program. 22 So the Next Student Loan program encompasses both 23 undergraduate and graduate loans for Next 24 Students. 25 and the undergraduate portion falls within it. So it's the Next Student Loan program, THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 64 of 207 1952 1 Q. 2 PageID #: 64 On Deposition Exhibit 7 at bottom there is a date 8 -- 3 MR. SHARTLE: 4 MS. DILL: 5 MR. SHARTLE: 6 MS. DILL: 7 Bottom of what? The bottom of the page. What page? Page 20 -- it's Bates stamped page 22. 8 BY MS. DILL: 9 Q. 10 And there is a date 8/22/2011 -- or let me ask you that. Is that a date? 11 A. Yes, ma'am. 12 Q. And what does that date relate to? 13 A. That appears this is a filing copy that was filed 14 with the SEC. And that date appears to be the 15 date that this individual scan of the document 16 was printed from SEC -- from the SEC. 17 Q. Who printed it? 18 A. I'm uncertain. 19 Q. Who put that date there? 20 A. That date would have been put there by the 21 printing system. 22 Q. Whose printing system? 23 A. I don't know. 24 Q. Where do you think Alicia Holiday got this 25 document from? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 65 of 207 1953 1 A. 2 PageID #: 65 This document saved in our system on one of our servers for the various pool supplements. 3 Q. Is the same document applied to every case? 4 A. No, ma'am. 5 Q. So it's your testimony that the date August 22, 6 2011, is the date that the document was retrieved 7 from the system? 8 MR. SHARTLE: 9 BY MS. DILL: 11 Q. 12 Tell me, again, what you know about the date at the bottom of Exhibit 7 Bates stamped page 22. A. 14 15 What system are you referring to? 10 13 Objection to form. That date is there from when this particular document was printed from the SEC's website. Q. 16 And I'm not trying to trip you. remember it. I just don't Did you tell me who printed it? 17 A. No, ma'am. 18 Q. Do you know if it was an employee of Transworld 19 Systems? 20 A. No, it was not. 21 Q. How do you know that that's the date it was 22 23 printed? A. 24 25 That was discussed back with First Marblehead in or around 2012. Q. What was discussed? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 66 of 207 1954 PageID #: 66 1 A. What that date was. 2 Q. How do you know that? 3 A. Because I was the one that had the discussion. 4 Q. In 2012 were you the senior litigation paralegal 5 for Transworld Systems? 6 A. No, for NCO -- yes, NCO Financial Systems. 7 Q. And what was -- you worked for NCO Financial 8 Systems in 2012? 9 A. Yes, ma'am. 10 Q. And at that time you negotiated with First 11 Marblehead? 12 MR. SHARTLE: Objection, mischaracterization. 13 BY MS. DILL: 14 Q. You had a conversation with First Marblehead? 15 A. Yes, ma'am. 16 Q. And who at First Marblehead did you speak with? 17 A. Back then was Matt Coletti. 18 in-house counsel. He was their He was a lawyer for them. 19 Q. And what did you say to him? 20 A. Oh, pertaining to this, I asked him why there was 21 a date on the bottom right of the document. And 22 he explained to me that's when it was retrieved 23 from the SEC site. 24 it was printed, the printer, software, or 25 whatever he was using to print it, automatically And when it was retrieved and THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 67 of 207 1955 1 2 PageID #: 67 tagged a date to it. Q. If you look at the Alicia Holiday affidavit, 3 which is Exhibit 4, and paragraph 10 which 4 appears at Bates stamped page 11, it says that no 5 payment had been made since 8/22/11. 6 that correctly? Did I read 7 A. That's what it states. 8 Q. So is it your testimony that it's just a 9 coincidence that the document was printed on the 10 same day that the defendant in this case 11 allegedly made her last payment? 12 A. Yes, ma'am. 13 Q. When you had a conversation with Mr. Coletti at 14 First Marblehead Corporation -- did I get that 15 right? 16 A. Yes, ma'am. 17 Q. -- what was the purpose of the conversation? 18 A. Well, actually, we have had many conversations 19 prior to NCO's involvement as servicer, defaulted 20 loans of First Marblehead Educational Resources, 21 which was a subsidiary of First Marblehead 22 Corporation. 23 transition period when they were servicing and 24 handing it off to NCO Financial Systems. 25 had, over the course of more than a year, So throughout there was a THE REPORTING GROUP Mason & Lockhart So I Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 68 of 207 1956 PageID #: 68 1 multiple conversations with various employees at 2 First Marblehead pertaining to the NCSLT, the 3 trust structures, the background because they 4 also played portions of the origination process 5 and the -- back to the note purchase agreement, 6 which we just discussed. 7 conversations with them just relating to the 8 trusts. 9 Q. 10 11 So I had very many Did First Marblehead Corporation ever service this loan? A. First Marblehead Education Resources serviced the 12 loan for a short period of time. 13 been serviced from April 2, 2012, to October 31, 14 2012, at which point as of November 1, 2012, they 15 transferred to NCO Financial Systems. 16 Q. It would have Now, with respect to schedule 2 of the pool 17 supplement that Ms. Holiday says was redacted, 18 who -- who redacted schedule 2? 19 A. 20 This would have been redacted by a member of our media team. 21 Q. Do you know who did it? 22 A. No. 23 Q. Did you say media? 24 A. Media. 25 Q. Who is on the media team? Not on the individual. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 69 of 207 1957 PageID #: 1 A. Oh, we have got numerous employees. 2 Q. When did the media team redact schedule 2? 3 A. I can't tell by looking at the document. 4 5 69 It would be in our system. Q. Do you know where the media team employee 6 responsible for redacting schedule 2 in this case 7 worked? 8 A. 9 No, ma'am, I mean, since I don't know who redacted it. 10 Q. Do you know how it was redacted? 11 A. Electronically. It's through a PDF software 12 where a black box is drawn and then printed to 13 PDF so the black box can't be moved or altered so 14 you can't see any of the data underneath it. 15 Q. Where is the original schedule 2 located? 16 A. It's saved on our server. 17 Q. In which program? 18 A. Can you please clarify that? 19 Q. Of the systems that we have discussed for 20 maintaining electronic records that we talked 21 about, CRS, the -- 22 A. Okay. 23 Q. -- FACS, and the Media Locator, where, if any of 24 25 those, is the schedule 2 maintained? A. None of those. It's saved on our server or one THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 70 of 207 1958 1 PageID #: 70 of our servers. 2 Q. On Transworld Systems' server? 3 A. Yes. 4 Q. How did it get to Transworld Systems' server? 5 A. From First Marblehead. 6 Q. First Marblehead Corporation or First Marblehead 7 Data Services or First Marblehead 8 Education-something? 9 A. Good. Corporation. 10 Q. Did First Marblehead Corporation transfer the 11 original schedule 2 directly to Transworld, or 12 did it go through various parties before your 13 company got it? 14 A. Well, it went directly to NCO. 15 Q. And then from NCO it went to -- 16 A. Transworld. 17 Q. And I'm still a little unclear. 18 19 Did Transworld buy NCO? A. No. 20 MR. SHARTLE: 21 Objection. That's outside the scope of the notice. 22 A. No. 23 Q. How is it that Transworld then became the owner 24 25 of the databases and the various records? A. So as previous -THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 71 of 207 1959 1 MR. SHARTLE: PageID #: Objection, calls for a 2 legal conclusion outside the scope of the 3 notice. 4 A. 71 As previously discussed, EGS, the parent company 5 to NCO, took portions of NCO's business along 6 with other portions of business that EGS may have 7 had ownership of and sold those portions of 8 business under the name Transworld Systems. 9 of those portions of business was the NCSLT, the 10 11 trust servicing business. Q. 12 13 One What do you mean under the name of Transworld Systems? A. Well, Transworld Systems was another company also 14 owned by EGS. So they took Transworld's name 15 along with their business line, added to it some 16 of NCO's business line, and sold it off as 17 Transworld Systems as a separate company. 18 Q. So -- and who did they sell it to? 19 A. A private equity firm. 20 Q. Which one? 21 A. Platinum Equity. 22 Q. Does Platinum Equity own Transworld? 23 A. Yes, ma'am. 24 Q. Does anyone own Platinum Equity? 25 A. I don't know. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 72 of 207 1960 PageID #: 72 1 Q. Where is Platinum Equity located? 2 A. Beverly Hills, California. 3 Q. And does Platinum Equity wholly own Transworld? 4 MR. SHARTLE: Objection, outside the 5 scope of the notice. 6 conclusion. Calls for a legal 7 A. I'm not certain. 8 Q. Do you know if anyone else claims ownership of 9 Transworld Systems? 10 A. Not to my knowledge. 11 Q. So getting back to the excerpt of schedule 2 -- 12 MS. DILL: And the copies didn't come 13 out very well, so I did ask to get a couple 14 of extra made. 15 don't know where they are, though. 16 I don't know if they -- I MR. SHARTLE: Do you mind -- actually, I 17 apologize. 18 we take one more break? 19 I know we just took a break. MS. DILL: 20 Okay. Oh, sure. Can No problem. (A short recess was taken.) 21 BY MS. DILL: 22 Q. Okay. So looking at the excerpt of schedule 2 to 23 the pool supplement attached to the affidavit of 24 Alicia Holiday, who attached the supplement to 25 the Holiday affidavit? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 73 of 207 1961 1 A. 2 3 PageID #: 73 The would have been our media/affidavit production team. Q. And do you know if what appears as the excerpt in 4 the pool supplement as Bates stamped page 26 is 5 an identical copy of the actual schedule 2 that 6 was attached to the pool supplement? 7 A. It's not an identical copy. It's formatted to 8 fit onto a page and easily read. 9 within it is an identical copy of the data 10 All the data contained within the original schedule 2. 11 Q. And where is the original schedule 2? 12 A. That's saved on our servers -- TSI's servers. 13 Q. Have you checked to confirm whether or not the 14 information, in fact, is the same, what appears 15 on page 26 and what is on the server? 16 A. Yes, ma'am, I have. 17 Q. And is it, in fact, identical? 18 A. Yes, ma'am. 19 Q. So when you looked at the original schedule 2, 20 21 what does it look like? A. Well, the original schedule 2 is actually -- it's 22 going to look just like this first line. And 23 then the second line is just going to be next to 24 it. 25 opposed to it being broken down into five lines It's just going to be one line of data as THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 74 of 207 1962 1 PageID #: 74 here. 2 And it's also going to contain other loans 3 within the schedule. 4 Q. How many loans made up schedule 2? 5 A. For this trust, I'm uncertain of. 6 Q. Who created schedule 2? 7 A. Schedule 2 was created with Charter One Bank and 8 9 First Marblehead Corporation. Q. 10 Who put the data in this form for purposes of attaching it to the Holiday affidavit? 11 A. Our media department. 12 Q. Why is the media department putting together loan 13 14 documents for litigation? A. Part of their job function is to put together 15 loan documents upon request, regardless of what 16 the source of the request is, whether it's 17 litigation or not. 18 Q. 19 How big is the media department at Transworld Systems? 20 A. Actually, I don't know. 21 Q. Where is it located? 22 A. The -- most of the team is located in Norcross, 23 24 25 Georgia. Q. How do you know that the schedule 2 that you have on the Transworld Systems server is the original? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 75 of 207 1963 1 A. PageID #: 75 When we received it from First Marblehead, we had 2 discussions about what the document was and what 3 it contained. 4 that this was the -- or these were, because 5 there's multiple schedules depending on what 6 trust, what loan program, what lender -- that 7 these were the original schedules. 8 Q. 9 And they made the representation When did those discussions first take place in First Marblehead? 10 A. On or around 2012. 11 Q. And were you present in those discussions? 12 A. Yes, ma'am. 13 Q. And who else was present? 14 A. Matt Coletti. 15 Q. He's the lawyer, in-house counsel? 16 A. Yes, ma'am. 17 Q. Does he still work for First Marblehead? 18 A. No, ma'am; she doesn't -- he does not. 19 Q. Where does he work now? 20 A. I don't recall. 21 Q. Have you maintained a friendship with him? 22 A. We're connected on LinkedIn, but we don't have 23 24 25 ongoing conversations. Q. Did he represent to you personally that schedule 2 was the original schedule 2? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 76 of 207 1964 PageID #: 1 A. Yes, ma'am. 2 Q. Orally or in writing? 3 A. Orally. 4 Q. Are there any other indications of authenticity 5 other than Mr. Coletti's representation to you 6 orally that this, in fact, was the original 7 schedule 2? 8 A. 9 76 Well, the data contained within the schedule matches up with data that was -- for, like, 10 individual loans it matches up with, like, the 11 balance of the loan as of the date that the pool 12 was securitized and transferred because if this 13 was made at some point after, the balances would 14 be different due to accrued interest. 15 Q. You don't know that though. 16 You're guessing? 17 MR. SHARTLE: 18 BY MS. DILL: 19 Q. Right? Objection. Are you saying that you know it's true that 20 the amounts as presented in schedule 2 are 21 correct because you matched up every loan with 22 schedule 2? 23 A. You went through and checked? Not every single loan, but every loan that I have 24 looked at within schedule 2, within the various 25 schedule 2's for the various trusts. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 77 of 207 1965 1 Q. 2 3 PageID #: 77 In this particular case when Alicia Holiday signed the affidavit, had she compared? A. 4 I'm uncertain. MR. SHARTLE: 5 Object to the form. Compared what? 6 BY MS. DILL: 7 Q. I think we have already established that what is 8 the excerpt of schedule 2 that appears on Bates 9 stamped page 26 is not, in fact, the excerpt. 10 Right? 11 MR. SHARTLE: 12 BY MS. DILL: 13 Q. Object to the form. Your testimony was that it contains the 14 information, but it's been altered the way it's 15 presented. Is that fair? 16 A. It's been reformatted, not altered. 17 Q. It's been reformatted. And is it fair -- I think 18 you said -- described it in that if -- rather 19 than those blocks being stacked up, if they were 20 all just stretched out in a line, that's what we 21 would see on the computer screen? 22 A. Yes, ma'am. 23 Q. Okay. Other than the computer screen, is there 24 actually a physical schedule 2 someplace, a piece 25 of paper? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 78 of 207 1966 1 A. Not to my knowledge. 2 Q. Okay. 3 PageID #: 78 And the schedule 2 was created by First Marblehead? 4 A. And in this case Charter One Bank. 5 Q. And Charter One Bank. And at the time that First 6 Marblehead resigned as the servicer -- is that 7 fair? 8 A. That's a fair statement. 9 Q. -- it transferred schedule 2 to NCO? 10 A. Yes, ma'am. 11 Q. Who transferred it to Transworld? 12 A. Essentially. 13 Q. Is -- when it was transferred -- when schedule 2 14 was transferred to NCO, it was essentially an 15 electronic file that you just send out on an NCO 16 data server? 17 A. 18 First Marblehead gave us an electronic file consisting of all the schedules. 19 Q. Okay. And then -- 20 A. And we saved that onto our server at NCO. And 21 then when Transworld became in place to service 22 the loan, that file containing other schedules 23 did not change. 24 because that part of the business was wholly sold 25 to Transworld. That stayed in the same location So there was no additional THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 79 of 207 1967 PageID #: 1 transfer. 2 just the name of the owner essentially changed. Like, the file did not move anywhere, 3 Q. The server is the same? 4 A. Yes, ma'am. 5 Q. And also attached to the Holiday affidavit as 6 79 part of her deposition exhibit -- or strike that. 7 Also attached to the Holiday affidavit as 8 Exhibit C, which in this deposition is Exhibit 7, 9 includes portions of a deposit and sale 10 11 agreement. A. 12 13 I wouldn't say it's portions of it. It appears to be the document in its totality. Q. 14 15 Correct? And where on the Schedule A is the pool supplement that is related to this case? A. 16 You see the third bullet point on the Bates No. 33. 17 Q. And which program? 18 A. This is the -- they identify it here as the Next 19 20 Student Alternative Loan program. Q. So you're saying that the Next Student 21 Alternative Loan program is different or the same 22 as the TERI Guaranteed Next Student Loan program? 23 A. Yes, ma'am. 24 Q. And which student loan purchase agreement of the 25 ones that appear Bates stamped 35 and 36 and 37 THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 80 of 207 1968 1 PageID #: 80 relates to this case? 2 A. On page Bates No. 36, the second bullet point. 3 Q. And that's loans originated as Charter's Next 4 Student Alternative Loan program? 5 A. Yes, ma'am. 6 Q. So is it your testimony that the Next Student 7 Alternative Loan program is the same as the Next 8 Student -- I don't know what that other one is -- 9 the other two that we just identified? 10 A. 11 The Next Student Loan program and TERI Guaranteed Next Student. 12 Q. Those are all the same? 13 A. Yes, ma'am. 14 Q. Turning now to Deposition Exhibit 8, which was 15 attached to the Holiday affidavit in support of 16 the trust's motion for summary judgment, what is 17 the document that appears to be Bates stamped 18 page 39? 19 A. It's actually Bates stamped 39 through 43 is all 20 the same document. 21 activity which is from an AES system. 22 financial accounting of the loan from the time -- 23 Q. Okay. I'm sorry. This is loan financial And it's a I apologize for interrupting 24 you. But I just realized I forgot to ask you, 25 after making the big stink of making the clear THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 81 of 207 1969 1 PageID #: copies, what these things meant. 2 So can we -- before we move on to that, can 3 we go back to Bates stamped 26, which is the 4 schedule 2. 5 81 A. 6 Sorry about that. That's okay. MR. SHARTLE: I didn't -- for the 7 record, I didn't think you were making a big 8 stink. 9 A. Yes, ma'am. 10 Q. Okay. So what is the -- what is the box that 11 says "GUARREF" with the number 04034217 -- what 12 is that? 13 A. That actually identifies the individual loan 14 number. So if you look in the top left corner of 15 the note disclosure statement, that number will 16 appear there as well as on the bottom, about 17 center of the signature page of the promissory 18 note. That number will also appear there. 19 Q. And what's the Tier refer to? 20 A. I don't recall actually. 21 Q. What about Repay Type? 22 A. That identifies what the repayment type was. In 23 this case DP means a deferred payment, so a full 24 deferral. 25 Q. And the box underneath that, what is the 9.5 THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 82 of 207 1970 1 2 82 percent? A. 3 4 PageID #: Can I see your cleaner copy? That's one of the boxes I couldn't read. Q. 5 This is hard to read, too. MR. SHARTLE: 6 If you want, you can have that. 7 MS. DILL: Oh, thanks. 8 A. I don't recall. 9 Q. What about the box to the right of it, 4A 10 percent, 2.75? 11 A. I don't recall that one either. 12 Q. Marketer Fee Lender, .5? 13 A. That's how much percentage the marketer fee was. 14 Q. Who was the marketer? 15 A. Next Student. 16 Q. What's Recon TOT DISB, and then it says 17 18 underneath 11,000? A. 19 That's the total disbursement to include any origination fee. 20 Q. And what's the Recon Net Disbursement? 21 A. That's just the disbursement amount, the actual 22 23 funds that were advanced to the consumers. Q. 24 25 What is the recon prefix? Recon what? Is it -- reconciliation, is that what it is? A. Yes, ma'am. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 83 of 207 1971 1 Q. 2 Okay. PageID #: 83 And the -- at the bottom, the Marketing Fee Lender, is that Charter One? 3 A. Yes, ma'am. 4 Q. What's the DMI Reimburse; do you know? 5 A. I don't recall. 6 Q. Fee Lender goes to Charter One? 7 A. Yes, ma'am. 8 Q. What about Recon Original Fee to Bank? 9 A. That's also to Charter One. 10 Q. So according to schedule 2, does First Marblehead 11 make any money on this loan? 12 A. I'm uncertain. 13 Q. Does it appear, based on your experience as the 14 senior litigation paralegal and having been 15 involved in collections for several years, that 16 anyone other than Charter One is making money off 17 the loan? 18 A. I'm uncertain. 19 Q. Okay. 20 A. Here you go. 21 Q. Thanks. 22 You started to tell me that Deposition 23 24 25 Now, looking at Deposition Exhibit 8 -- Exhibit 8 is a document that was created by AES? A. Yes, ma'am. These are actually screen prints from AES's system of record, the Compass system. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 84 of 207 1972 PageID #: 84 1 And this document, the loan financial activity, 2 is the financial activity of the loan from the 3 time the loan was originally disbursed all the 4 way until the time that it was defaulted -- and 5 the document actually goes in reverse order. 6 on page 5 of 5 you will see the disbursement. 7 And then you work your way back through time back 8 to 1 of 5 where you see the charge-off and 9 default of the loan. 10 Q. When was this document created? 11 A. Well, this was a screen print from the system. 12 And the screen print was printed on May 20 of 13 2016. 14 Q. 15 time the document -- strike that. 16 17 Was the document created -- when was the first When was the document first created? A. Well, this was printed out of AES's system on 18 May 20, 2016. The entries were input into 19 AES's system at the time that they are noted 20 to be. 21 Q. How do you know that? 22 A. That's from my training with AES. 23 Q. They told you that? 24 A. Yes, ma'am. 25 Q. And when did you have training with AES? THE REPORTING GROUP Mason & Lockhart So Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 85 of 207 1973 1 A. 2 PageID #: 85 Well, it's been ongoing training beginning in or around about October of 2012. 3 Q. And where does the training take place? 4 A. Teleconference. 5 Q. How many teleconferences have you had? 6 A. More than 50. 7 Q. So you're willing to swear under oath that you 8 have personal knowledge that at the time, for 9 instance, on July 24, 2006, an employee of AES 10 made an entry in the database regarding this 11 loan? 12 A. Well, that's the disbursement; so that wouldn't 13 have been an individual employee. 14 the electronic data was sent over from the 15 originator and put into AES's system. 16 systematic process, not an individual employee 17 keying in that. 18 Q. Okay. That was when That's a Is it fair to say though that the 19 information that is contained in this record 20 was input by several individuals over time? 21 A. 22 23 24 25 Yes, ma'am. At the time that each transaction was noted to be. Q. Okay. And you're relying on the transaction at face value. There is nothing -- MR. SHARTLE: Object to the form. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 86 of 207 1974 1 BY MS. DILL: 2 Q. PageID #: 86 Is there any way to confirm that, in fact -- for 3 instance, that on August 22, 2011, a payment was 4 made? 5 A. Yes, ma'am. Actually, when you go into AES's 6 system, you can pull up the individual 7 transactions. 8 No. 9, and it launches the payment screen. 9 it says who made the payment, how the payment was So you can go into transaction And 10 made, whether it was web pay or check or whether 11 it was through a third-party agency. 12 the batch number of that payment. It gives 13 And also, usually with multiple loans, 14 payments are allocated between the loans; so it 15 will give the total payment amount, not just the 16 amount that was applied to this individual loan. 17 Q. 18 And is that information that you have access to as an employee of Transworld Systems? 19 A. Yes, ma'am. 20 Q. So the document that is Exhibit 8 in this 21 deposition, which was Exhibit D attached to the 22 Holiday affidavit, is it a summary of information 23 that's contained in the database or -- 24 25 A. The -- this is the financial record of the account from the time it was disbursed until the THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 87 of 207 1975 1 time it was defaulted. 2 prints from AES's system. PageID #: 87 These are exact screen 3 Q. Okay. 4 A. If you log into AES's system and you go to their 5 financial screen, this is exactly what you will 6 see. 7 Q. 8 Other than your ability to see it, do you have any -- could you go in and change these numbers? 9 A. No, ma'am. 10 Q. And you don't know who it was at AES that put in 11 the data. Correct? 12 A. No, ma'am. 13 Q. And you don't know when they did it? 14 A. Well, they did it at the time that each 15 individual transaction was logged with the 16 exception of the system transactions where the 17 system would put those in. 18 Q. I understand that there's dates that appear on 19 the document; but I'm saying as you sit here 20 today, do you have personal knowledge that the 21 information was put into the system on the date 22 that it's indicated? 23 MR. SHARTLE: 24 25 answered. A. Objection, asked and Now, you're arguing with him. Yes, ma'am. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 88 of 207 1976 1 Q. PageID #: 88 How is it that you know on April 12 -- excuse me, 2 on April 4, 2012, an employee of AES, other than 3 looking at this document, entered the data into 4 the system? 5 A. Well, based on the way their system is set up, 6 they have to -- anytime that a transaction is 7 logged, they have to note it. 8 backdate it or forward-date it. 9 the time that that transaction is made in the 10 It's dated at system. 11 That transaction that you referenced is 12 13 They can't another system transaction. Q. 14 And you know this because an AES employee told you? 15 A. Yes, ma'am. 16 Q. And you were trained on a telephone conference 17 about the system? 18 A. Yes, ma'am. 19 Q. Why was the document printed on May 20, 2016? 20 A. It was requested. 21 Q. By whom? 22 A. I don't know. 23 Q. Did anything happen in May of 2016 that you're 24 aware of with relation to this particular case 25 that would suggest why the document was printed THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 89 of 207 1977 1 2 89 then? A. 3 4 PageID #: I can't state with certainty without looking at the actual account record. Q. Now, the document at the top of the page says 5 AES/PA. And is it fair to say that AES is 6 American Education System? 7 A. Services. 8 Q. American -- thank you. 9 American Education Services. 10 And you are not an employee of American 11 Education Services; is that correct? 12 A. That is correct. 13 Q. And you don't have any control over their system 14 15 of data management. A. 16 17 Correct? I have no ability to change or alter their system, only view. Q. Continuing to look at Deposition Exhibit 8 on 18 Bates stamped page 39, where it says loan 19 program, what's ALPLM; do you know? 20 A. It's an Alternative Loan Program. 21 Q. What does that mean? 22 A. AES services many different loans. Alternative 23 would be their private loans. 24 federal loans, which would have a different 25 program identified. THE REPORTING GROUP Mason & Lockhart They also service Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 90 of 207 1978 1 Q. PageID #: And to the right of the loan program entry it 2 says own, and then there's a number, and then 3 NCT. What's that mean? 4 A. I don't recall. 5 Q. Do you believe that NCT refers to National 6 90 Collegiate Trust? 7 A. I can't speculate, but that's a fair assumption. 8 Q. What about where it says guarantor, TERI/DTC; 9 what's DTC? 10 A. Direct to consumer. 11 Q. What does that mean? 12 A. The loan was issued directly to the consumer. 13 Q. At the time -- does this record indicate to you 14 that it was printed by Transworld System in 15 connection with producing the Holiday affidavit? 16 A. Yes, ma'am. 17 Q. And would that have been in May of 2016? 18 A. Yes, ma'am. 19 Q. And at the time the document states that the 20 21 principal balance owed is zero. A. 22 23 As of November 4, 2012, it identifies principal balance as zero that's owed to AES. Q. 24 25 Correct? The document does not say that the principal balance is owed to AES; does it? A. No, the document does not. THE REPORTING GROUP Mason & Lockhart But the document -- Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 91 of 207 1979 PageID #: 1 part of the charge-off process is AES is no 2 longer servicing the loan; so they charge it 3 off and wipe off the balance in their system 4 because they're no longer servicing the loan, 5 and they're no longer owed money. 6 charge-off balance, which is identified as 7 $15,786.39, then gets transferred to the 8 post-default servicer. 9 Q. And that So the $15,786.39 isn't the balance that's owed 10 on the loan is your testimony; it's the balance 11 that would be owed to AES? 12 A. 13 91 Well, that was the balance of the loan at the time of charge-off that AES was servicing. 14 Q. How do you know that? 15 A. Can you rephrase that? 16 Q. This is a document that was created by AES. 17 You're not an employee of AES. You have no 18 ability to alter the document. How is it -- why 19 do you believe that where it says principal 20 balance owed of zero, that refers to the balance 21 owed to AES and not Sarah Thurlow? 22 MR. SHARTLE: Objection. You have 23 already asked the witness a number of times 24 how he has personal knowledge of this, and 25 he's explained it to you multiple times. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 92 of 207 1980 PageID #: 1 BY MS. DILL: 2 Q. You can answer the question. 3 A. So when AES charges off a loan, they no longer 92 4 are servicers; so they no longer have the ability 5 to collect on any balance owed to their client, 6 in this case National Collegiate Student Loan 7 Trust 2006-3. 8 at that time of charge-off and then wipe it off 9 of their system because they are not able to They take the balance that's owed 10 collect on it anymore because their contractual 11 obligation on the individual loan is thereby void 12 because the loan charged off. 13 they charged off, in this case $15,786.39, was 14 then transferred, part of the electronic file 15 that we discussed previously to the post-default 16 servicer. 17 transferred to First Marblehead Education 18 Resource. That balance that In this case it would have been 19 Q. What does it mean that AES charged off the loan? 20 A. So when the loan goes, in this case, delinquent 21 for a period of time, the loan then gets 22 accelerated -- the balance gets accelerated. 23 any interest that's due and owing is then 24 capitalized into the owing principal to form the 25 new principal, and then the loan is then charged THE REPORTING GROUP Mason & Lockhart So Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 93 of 207 1981 PageID #: 93 1 off and made fully due and owing. 2 in the installment plan as previously -- as it 3 was previously, whereby the consumer could make 4 monthly payments. 5 fully due and owing immediately. 6 Q. 7 8 It's no longer The loan is accelerated and And who made the decision to charge off the loan in April of 2012? A. 9 These -- the decision is not made by any individual person. They're contractually laid 10 out for various instances that would rise to 11 charge off a loan. 12 of delinquency. 13 Q. In this case it was a period So that the terms of the contract that Sarah 14 Thurlow signed dictated when the loan would be 15 charged off. 16 A. Is that what you're saying? The terms do specify default, not charge-off. 17 The charge-off terms are contractually between 18 the servicer. 19 Q. In this case who is the servicer? 20 A. At this time it was AES. 21 Q. And who -- who was the -- who was AES contracting 22 with? 23 A. I'm uncertain. 24 Q. So is -- and I'm not trying to argue. 25 Is it fair to say you don't know who decides when a loan is THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 94 of 207 1982 1 PageID #: charged off? 2 MR. SHARTLE: 3 Objection, asked and answered. 4 BY MS. DILL: 5 Q. Do you know in this particular case what 6 organization or person decided in April of 2012 7 to charge off $15,786.39? 8 94 A. 9 The decision was made due to the delinquency. It's programmed. Once it reaches a period of 10 delinquency, the loan automatically gets cued up 11 for charge-off. 12 Q. 13 So which system is that that cues up the discharge -- or the charge-off date? 14 A. AES. 15 Q. Do you believe that AES system of record keeping 16 is trustworthy? 17 A. Yes, ma'am. 18 Q. And do you rely on representations made by AES 19 with respect to the loan transactions that you 20 are responsible for managing? 21 That was a really bad question. 22 Let me ask it again. 23 A. Please. 24 Q. Is there any reason for you to doubt the 25 trustworthiness of information provided by AES? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 95 of 207 1983 PageID #: 1 A. No, ma'am. 2 Q. Also on page -- Bates stamped page 39 there was 95 3 the charge-off -- well, let me ask you -- strike 4 that. 5 Where it says -- on the line 2 next to the 6 date April 2, 2012, it says, $15,786.39; and then 7 it's CR. 8 charge-off? You're saying that CR stands for 9 A. I did not say that. 10 Q. Does CR stand for charge-off? 11 A. No, ma'am. 12 Q. Does CR stand for credit? 13 A. Yes, ma'am. 14 Q. And does it appear, based on looking on Bates 15 stamped page 39, that, in fact, there was a 16 credit of $15,786.39 on April 2, 2012? 17 A. There is a credit adjustment, like I said, that 18 AES wipes off the balance of their account, which 19 triggers a credit. 20 Q. 21 Is charge-off and credit adjustment the same 22 23 So you're -- a credit adjustment, not a credit? thing? A. The term charge-off carries other processes that 24 we discussed, such as accelerating the loan, the 25 capitalization of the interest. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 96 of 207 1984 1 Q. 2 3 in the AES system of record keeping? A. No. The -- the CR means credit. But it's the transaction type, the 1030A, that means 5 charge-off. Q. 7 8 96 Is there a different abbreviation for charge-off 4 6 PageID #: And what does transaction type above that, 5003A, mean? A. 9 That's a credit of any fees that were due and owing at time of charge-off. So all those 2601A 10 that you see previous, those are all late fees 11 for failure to make payment. 12 credit in the amount of $23.02, is the summation 13 of all those late fees. 14 Q. So the 5003A, the And is it your testimony that on April 2, 2012, 15 the owner of the note at that time was not paid 16 $15,786.39 or some amount close to that? 17 A. That is correct. 18 Q. What is the code -- the transaction type 101C -- 19 1010C? 20 A. That's a payment by borrower. 21 Q. And next to the payment by borrower there is also 22 CR. Correct? 23 A. Yes, ma'am. 24 Q. And that stands for credit. 25 A. Yes, ma'am. THE REPORTING GROUP Mason & Lockhart Right? Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 97 of 207 1985 1 Q. PageID #: 97 So is there any way looking at -- well, I guess 2 it's the transaction type that differentiates the 3 two; is that right? 4 A. Yes, ma'am. Credit simply -- the CR simply means 5 that that's just something applied to the balance 6 that affects it downward. 7 credit, that affects the balance in an upward 8 fashion. 9 tells you what that transaction is for. When there is no It's a transaction type that actually 10 Q. What is transaction type 7001A? 11 A. Those are interest capitalizations. 12 Q. Across the top of the page of this exhibit are 13 other abbreviations including VTAM. 14 what that means? Do you know 15 A. No, ma'am. 16 Q. And then there's NAGB. 17 A. No, ma'am. 18 Q. TSX2D? 19 A. No, ma'am. 20 Q. Who performed the redaction of Exhibit 8? 21 A. This would be a TSI employee. 22 Q. Did you do it? 23 A. Not to my recollection. 24 Q. When you look at the screen, is the redaction on 25 Do you know what that is? the screen; or is it just -THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 98 of 207 1986 1 A. No, ma'am. 2 Q. Please turn now to Deposition Exhibit 9. 3 PageID #: 98 And if you could, please first confirm -- 4 MR. SHARTLE: 5 MS. DILL: 6 Sorry. Yes, go ahead. (Discussion off the record.) 7 BY MS. DILL: 8 Q. 9 Have you had a chance to look at Deposition Exhibit 9? 10 A. Yes, ma'am. 11 Q. And is that a record that was created by AES? 12 A. Yes, ma'am. This is -- like Exhibit 8, is just 13 another screen shot printed directly from AES's 14 system. 15 Q. And do you know who created this document? 16 A. If you're asking who printed it, no, I'm not 17 certain of. 18 Q. Do you know who entered the data? 19 A. AES. 20 Q. Do you know when it was created? 21 A. The document was printed on May 20, 2016. Which employee, I'm not certain. And 22 the entries within the document would have been 23 put into AES's system at the time -- actually, 24 this document doesn't identify the time. 25 Q. So is the answer, no, you don't know when it was THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 99 of 207 1987 1 PageID #: 99 created? 2 A. Not by looking at this document. 3 Q. Okay. 4 MS. DILL: Why don't we break for lunch. 5 (Discussion off the record.) 6 (A recess was taken from 12:29 p.m. 7 to 1:30 p.m.) 8 BY MS. DILL: 9 Q. I want to briefly return to Exhibit 8, if you 10 will. 11 ask you. 12 I have just a few questions I forgot to And specifically, I'm looking at the pages 13 beginning with Bates stamped 39 through 43. 14 A. Yes, ma'am. 15 Q. And could you tell me, please, it appears to me 16 that no -- at no time was the principal balance 17 ever reduced. 18 A. Yes, ma'am. 19 Q. Okay. Is that true? That is correct. So it's fair to say that even though 20 Ms. Coffey did make several payments, none of the 21 money that she transmitted to the trust was ever 22 applied to principal. Correct? 23 A. That is correct. 24 Q. And when in this particular case -- and we're 25 talking now about the note that was dated in THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 100 of 207 1988 PageID #: 100 1 July 19, 2006, for the principal amount -- well, 2 the loan amount requested was 10,000. 3 this particular loan scheduled to begin 4 repayment? 5 A. 6 I would actually have to verify using other documents. Is that all right? 7 Q. By all means, please do. 8 A. All right. 9 10 Yes. Payment initially started on March 24 of 2010. Q. 11 12 When was Is it your testimony that that was when the first scheduled payment was due? A. Yeah. That was the first payment due following 13 the forbearance that the loan was entered into at 14 origination for the full -- for full deferment. 15 Q. So you said March 23; is that correct? 16 A. The payment was made on the 23rd; the due date 17 was actually the 24th. 18 Q. And what did you look at to determine that? 19 A. Well, I looked at the -- your Deposition 20 Exhibit 10, Bates No. 47 has the -- let me 21 explain the document in totality. 22 Exhibit 10 is the repayment schedule summary. 23 So this document shows the various repayment 24 schedules that could apply to the loan. 25 the loan is bearing interest at a variable rate, THE REPORTING GROUP Mason & Lockhart Since Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 101 of 207 1989 PageID #: 101 1 each year the repayment schedule gets 2 recalculated just depending on whether interest 3 went down or up to make the loan be paid off in 4 full within the term of the loan. 5 why you see so many different repayment 6 schedules. 7 So that's And also, a repayment schedule gets 8 generated -- when it leaves forbearance or 9 deferment, a new repayment schedule gets 10 11 generated. So this one, just looking at the documents in 12 front of me, first I looked to see if there were 13 any deferments or forbearances entered after the 14 initial deferment or forbearance. 15 one; but it wasn't entered until December -- or 16 January 1 of 2010. 17 Exhibit 9. 18 And there was And that's your Deposition Then I went over to your Deposition Exhibit 8 19 and looked through the payments to see when the 20 payments began. 21 payment was applied on April 24 of 2008 in the 22 amount of $130.84. 23 was just a random payment that was made. 24 payment was due at this time because the loan was 25 not in any type of repayment at that time. And there was -- the first And this one looks like it THE REPORTING GROUP Mason & Lockhart No It Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 102 of 207 1990 1 PageID #: 102 was still under the deferment. 2 So then I went to the next payment when the 3 payments actually started to be made on a regular 4 basis, and that was your March 23 payment. 5 Now, I looked just before that to see whether 6 there was any late fees to identify payments were 7 due prior to that date. 8 on the account prior to that date, so no payments 9 were due prior to that date. 10 There was no late fees So then I looked at the date March 23, 2010, 11 payment was made. And then I went back to the 12 repayment schedule and found the repayment 13 schedule that matched that time period. 14 was actually a payment schedule that was made. 15 And if you look towards the left, the third 16 column in, TG. 17 payment schedule. And it That means it's a graduated So that was -- 18 Q. I'm sorry. Which page are you on now? 19 A. Bates 47, your Deposition Exhibit 10. 20 Q. Yes. 21 A. So the TG on the third line in the transaction 9, 22 the third row in, or column in, sorry, means it's 23 a graduated payment schedule. 24 25 So this wasn't her full repayment amount. was a graduated amount. It So -- and if you look on THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 103 of 207 1991 PageID #: 103 1 the one, two, three, four -- the fifth column in, 2 that 4 says it's four repayments or four 3 repayment levels. 4 four different levels in this term of varying 5 amounts. 6 Q. 7 Okay. So what that means is there's So -- You have got to stop because I'm -- I need to -- 8 A. Okay. 9 Q. -- unpack that a little bit. 10 A. Okay. 11 Q. And hold your thought. I didn't mean to 12 interrupt, but you're just getting a little bit 13 too, too far beyond where I was going, if you 14 don't mind. 15 So just originally I was asking you when her 16 first payment was due. And based on your 17 explanation, I understand it was due in March of 18 2010. Correct? 19 A. Yes, ma'am. 20 Q. Okay. And you also testified that based on your 21 review of the records, no money paid by my client 22 has ever been put towards the principal amount. 23 Correct? 24 A. That is correct. 25 Q. And why then, if she made a random payment in THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 104 of 207 1992 PageID #: 104 1 September or -- excuse me, in April of 2008 of 2 $130, why wasn't any of that put towards 3 principal? 4 A. Because there was an interest amount that was due 5 and owing on the loan at that time, that that 6 payment was applied to the interest bucket. 7 Q. Even though she had entered into a deferral? 8 A. Yeah. 9 The deferral just defers your payment obligation; it doesn't defer interest accrual. 10 So interest will still continue to accrue during 11 the deferment period. 12 And we previously discussed the interest 13 capitalization, the 7001A. 14 period, the interest capitalizes at various 15 points while your loan is in deferment; but 16 interest continues to accrue. 17 During your deferment So when she made that payment, $130.84 was 18 taken off of the interest, leaving the $73.75 19 that -- that accrued less the payment made 20 between October 4, 2008, and April 24, 2008. 21 Q. And the terms that you just described, how money 22 is applied and when payments are due and if a 23 deferral applies, are all contained in the 24 additional terms and conditions that are attached 25 to the front page of the loan agreement. THE REPORTING GROUP Mason & Lockhart Right? Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 105 of 207 1993 1 A. PageID #: The deferment period is described there, and 2 the repayment schedules are described broadly 3 there. 4 amount is going to be because the repayment 5 schedule hasn't been generated yet. 6 application is not. 7 Q. 105 They're not identified exactly what the Payment It is -- the terms -- additional terms and 8 conditions described the variable rate, how it's 9 calculated. 10 A. Yes. 11 Q. Okay. 12 So -- MR. SHARTLE: 13 He's trying to answer your question by looking at the documents. 14 MS. DILL: 15 There is no question pending, but thank you. 16 MR. SHARTLE: 17 question. 18 to look. 19 No, you did ask him a He said he wasn't sure; he needed You had a question to him about how they 20 21 Right? applied payments if there is no interest. A. The payments are -- application method is 22 identified within these terms on paragraph E5, 23 your Bates number 18. 24 25 Q. Okay. So -- now, jumping ahead to Exhibit 9, this appears to be, based on what you have said THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 106 of 207 1994 PageID #: 106 1 so far, another document that was created by AES. 2 Correct? 3 A. Yes. This is a screen shot from AES's system. 4 Q. And I think before the break we talked about 5 this. You don't know exactly when it was created 6 or who created it, but it was in the system. 7 Correct? 8 A. Yes, ma'am. 9 Q. All right. 10 11 Now, what is Exhibit 10, which was attached to the Holiday affidavit as Exhibit F? A. 12 13 That's correct. So as briefly discussed just moments ago, this is the repayment schedule summary. Q. Okay. Let me ask you first. This appears to be 14 redacted by hand as opposed to the other 15 documents that appeared to be redacted 16 electronically? 17 A. Yes, ma'am. 18 Q. Do you agree with me? 19 A. Yes, ma'am. 20 Q. Who redacted the information on what is 21 Deposition Exhibit 10? 22 A. I'm uncertain. 23 Q. Why was it redacted? 24 A. Well, the top portion, the top two redaction 25 lines contain the social security number -THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 107 of 207 1995 PageID #: 107 1 actually, the top line contains the social 2 security number; so the first five digits are 3 redacted. 4 was manually redacted. 5 time stamp. 6 Q. 7 The second line, I'm unsure why that That's just the date and And the date and time stamp referred to when the document was printed? 8 A. Correct. Yes, ma'am. 9 Q. Not created? 10 A. Correct. 11 Q. Do you -- are you able to testify today as to Just printed. 12 what date the document that is Deposition 13 Exhibit 10 was printed? 14 A. No, ma'am. 15 Q. So we don't know who redacted it or why. Is it 16 unusual for a document such as Exhibit 10, a 17 document that was presented to the Portland 18 District Court, to have been redacted in a 19 fashion similar to what appears on 10? 20 A. I wouldn't say it's unusual. 21 Q. Do you know what -- 22 MR. SHARTLE: It happens. Are you asking the witness 23 of -- because it looks like this is actually 24 two pages of the same document. 25 us to turn over to the next page. THE REPORTING GROUP Mason & Lockhart It may help Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 108 of 207 1996 1 BY MS. DILL: 2 Q. PageID #: 108 Does it help you by turning over to the next 3 page -- well, it may help as far as the date. 4 far as who did the redacting, do you -- are there 5 any clues on page 48 as to who did the redacting 6 or why? 7 A. Not as to who did the redacting. 8 Q. How about why? 9 A. No, ma'am. 10 Q. On the column to the right of Deposition 11 Exhibit 10 it says owner, and then it says NCT. 12 What does that refer to? As 13 A. Refers to National Collegiate Trust. 14 Q. And there are several National Collegiate Student 15 Trusts. Correct? 16 A. Yes, ma'am. 17 Q. In fact, there is the one associated with this 18 loan, and then in the related case, another 19 trust. Correct? 20 A. Yes, ma'am. 21 Q. Does AES distinguish the owners on its documents, 22 23 one trust from the other? A. Certain portions of the AES account record will 24 have the exact trust. Like, if we went back to 25 your Deposition Exhibit 8, it would reference in THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 109 of 207 1997 PageID #: 109 1 the top left, about five, six rows down, the bond 2 issue. 3 Collegiate Student Loan Trust 2006-3 for this 4 loan. 5 Q. Okay. NCT 2006-3 identifies as National But on the schedule that we're looking at, 6 it just says National Collegiate Trust. 7 we're assuming it's the one associated with this 8 loan, but there is no way of knowing from this 9 document which trust they're talking about. 10 11 And Is that true? A. Not by just looking at the owner. We can 12 identify which trust it is by identifying the 13 disbursement date and looking through the rest of 14 the loan records and tying it back that this loan 15 disbursed on this date belongs to this trust. 16 Q. 17 18 And was this document Exhibit 10 created for the purpose of litigation? A. It was printed for the purpose of including in 19 the affidavit. But the document itself being 20 created with the entries was not for litigation. 21 This was created and the entries added at the 22 time that they were at or near the time that they 23 were identified. 24 Q. How do you know that? 25 A. That's from the training with AES and working THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 110 of 207 1998 PageID #: 110 1 with them on how they input their records and how 2 their repayment schedules are actually generated. 3 Most of these are automatically generated, as 4 we discussed. Every year a new one generates. 5 That's an automatic function in their system. 6 Same thing with if it comes out of a 7 forbearance into a temporary forbearance. 8 end of that forbearance, it automatically 9 generates and calculates what the repayment At the 10 schedule will be to pay off the loan and the 11 amount allotted to repay that loan. 12 Q. Have you done anything in your capacity as the 13 senior litigation specialist to confirm that the 14 information that's represented by AES is, in 15 fact, accurate; or do you just rely on the 16 representations? 17 A. I mean, we have confirmed and I have confirmed 18 various portions of information throughout 19 account records. 20 not looked at anything outside of the records. 21 Q. For Ms. Thurlow's loan, I have But in terms of your testifying now about how AES 22 manages its record management database, your -- I 23 think what you have said is you know about how 24 AES manages its record because you went to a 25 training; and they told you. THE REPORTING GROUP Mason & Lockhart Correct? Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 111 of 207 1999 1 A. I was trained on it. 2 Q. Right. 3 PageID #: 111 So you were trained on it, and they told you how it works? 4 A. Yes, ma'am. 5 Q. Okay. 6 And other than that, have you -- do you have access to how they create documents? 7 MR. SHARTLE: 8 BY MS. DILL: 9 Q. 10 Object to the form. Do you have any input on how the documents themselves are styled? 11 A. No, ma'am. 12 Q. So other than being able to look at the AES 13 documents, can you do anything else with them 14 other than look at them and print them? 15 MR. SHARTLE: 16 Objection. Object to the form. 17 A. No, ma'am. 18 Q. Okay. Now, if you could, please, turn your 19 attention to Deposition Exhibit 11. 20 Deposition Exhibit 11? 21 A. What is This is the loan payment history report. So this 22 is the financial record of the account from where 23 AES left off at charge-off through the time that 24 this is printed out of -- well, at this time that 25 this was printed, it was out of the TSI system. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 112 of 207 2000 PageID #: 112 1 Q. And who created this record? 2 A. This is a system record. 3 Q. Which system? 4 A. TSI through the CRS system. 5 Q. When was the document created? 6 A. This document was printed on May 19 of 2006, and 7 it was printed from information out of CRS, TSI 8 system. 9 Q. So my question was when was the document created. 10 Is there a distinction in your mind between it 11 being created and printing? 12 A. Yes. 13 Q. Is this a document that was produced for the 14 purposes of litigation? 15 MR. SHARTLE: Object to the form. 16 A. I'm uncertain. 17 Q. If the case had never -- if the loan -- strike 18 that. 19 If the loan had not gone into default, would 20 this record exist? 21 A. No, ma'am. 22 Q. This is a record that Transworld Systems created. 23 Right? 24 A. Yes. 25 Q. Based on information transmitted by AES? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 113 of 207 2001 1 A. Partially. 2 Q. Okay. Why don't we just go through it. PageID #: 113 The 3 interest rate is identified on this document as 4 6.19 percent. Correct? 5 A. Yes, ma'am. 6 Q. And that's different than the interest rate that 7 appears on the note disclosure agreement. Right? 8 A. Yes, ma'am. 9 Q. Why is that? 10 A. Well, the interest rate on the note disclosure 11 statement is actually an estimate at the time the 12 note disclosure statement was given, which was 13 back in 2006. 14 purposes pursuant to various federal rules. 15 And it was given for disclosure The interest rate identified on the loan 16 payment history report would be the rate that's 17 applicable on the loan as of the date of the 18 report, which is May 19 of 2016. 19 discussed previously the variable nature of the 20 rate. And we 21 Q. And who calculated that rate? 22 A. That rate is a system calculation based on the 23 margin, plus the applicable rate at the time that 24 affects the loan. 25 Q. Does the transaction history include payments THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 114 of 207 2002 1 2 PageID #: that were made? A. It would if there were payments made. There is 3 no payments made to this loan following the 4 charge-off of it. 5 Q. And the charge-off was? 6 A. April 2 of 2012. 7 Q. So if -- if Sarah Thurlow had made a payment 8 between August -- or, excuse me -- yes, 9 August 22, 2011, and the date that this 10 document was printed on May 19, 2016, would 11 it show up? 12 114 A. Well, it depends. So going back to August 22, 13 2011, through April 2, 2012, if a payment was 14 made in that time frame, it would be on AES's 15 loan financial activity, which was your 16 Exhibit 8. 17 of 2012, that payment would be identified within 18 the transaction history on the loan payment 19 history report; and it would also include the 20 information at the top portion for last payment 21 date. 22 to the date that the payment was made, if one had 23 been made. 24 25 Q. If the payment was made after April 2 And last payment amount would be updated Does the loan payment history report include all payments made towards this loan or just payments THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 115 of 207 2003 1 2 PageID #: 115 made by the borrower? A. It would be -- 3 MR. SHARTLE: Object to the form. 4 A. -- any payment made. 5 Q. So, for instance, if the guarantor of this loan 6 purchased the loan, would that information appear 7 on the loan payment history report which has been 8 marked Deposition Exhibit 11? 9 MR. SHARTLE: 10 Objection to the use of the term guarantor. 11 BY MS. DILL: 12 Q. Do you know what a guarantor is? 13 A. Yes, ma'am. 14 Q. And in this case, do you know who the guarantor 15 is? 16 A. If it was -- 17 Q. Who was it? 18 A. The Education Resource Institute. 19 Q. Okay. So if the Education Resource Institute had 20 made good on its guarantee, would that payment 21 show up on the loan payment history report? 22 A. No, ma'am. The loan payment history report would 23 never exist because TSI would never get the 24 account as servicer of those defaulted loans. 25 Q. Why is that? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 116 of 207 2004 1 A. PageID #: Because the guarantor would have purchased the 2 loan and assumed ownership and done what they 3 needed to do or whatever they chose to do with 4 that loan. 5 Q. 6 116 So are there loans that you are responsible for -- strike that. 7 In your capacity as the senior litigation 8 specialist for Transworld Systems, have you had 9 occasion to work on loans that have been 10 purchased by the Education Resource Institute? 11 A. Can you repeat that? 12 Q. Have you ever had any experience in any of the 13 cases that you have worked on or files that you 14 have managed with loans that have been purchased 15 by the Education Resource Institute? 16 A. There have been a few. 17 Q. And have they been the subject of litigation? 18 A. Some, yes. 19 Q. What cases are you referring to? 20 MR. SHARTLE: Objection, outside the 21 scope of the notice. I'll let the witness 22 answer to the extent he's got personal 23 knowledge. 24 A. I don't recall the names of any cases. 25 Q. In the beginning of the deposition you said you THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 117 of 207 2005 PageID #: 117 1 have testified in other depositions. 2 ever testified about loans being purchased by the 3 Education Resource Institute? 4 MR. SHARTLE: Have you Same objection. 5 A. I don't recall. 6 Q. You would agree with me though that if the 7 Education Resource Institute made good on its 8 guarantee, that the title to the loan would 9 transfer from the trusts to the guarantor or some 10 11 other entity? A. If national -- or if the Education Resource 12 Institute paid the guarantee for the borrower, 13 they would assume ownership; and the trust would 14 no longer own the loan. 15 Q. And do you agree with me that if the trust no 16 longer owned the loan, it couldn't sue the 17 borrower for the loan? 18 A. That's accurate. 19 Q. Okay. Would you agree with me that if the trust 20 no longer owned the loan, then it could not 21 report to a credit reporting agency that the loan 22 was in default? 23 A. 24 25 If they didn't own the loan, they would not be able to report. Q. Okay. I'm going to ask you now to look at THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 118 of 207 2006 PageID #: 118 1 Deposition Exhibit 12. 2 you -- and feel free to take time to confirm 3 this -- that this is the complaint that was 4 attached to -- I mean -- excuse me. 5 loan request and credit agreement that was 6 attached to the complaint and represented to the 7 Court as a true and accurate copy of the note. 8 Would you agree with me? 9 A. And I will represent to I can't necessarily agree with that. This is the This is a 10 copy of a credit agreement. 11 attached to the complaint or not I'm uncertain 12 of. 13 Q. Whether it was Would you like to take a moment to confirm with 14 your attorneys, if they have the pleadings, to 15 continue this line of questioning or -- 16 MR. SHARTLE: 17 If you have got a question, ask him. 18 BY MS. DILL: 19 Q. Well, the -- my question is if you look at this 20 document, Exhibit 12, and you compare it with the 21 copy of the note that was attached to the Alicia 22 Holiday affidavit, which is Exhibit 6, it appears 23 that page 2 of 5 is different. Isn't that true? 24 A. In what sense? 25 Q. Well, specifically I refer you to the variable THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 119 of 207 2007 PageID #: 1 rate paragraph on the right-hand side of the 2 page. 3 MR. SHARTLE: 4 119 What page are we talking about, Bates No. 54? 5 MS. DILL: 6 Yes. Why don't we start with looking at page 54. 7 BY MS. DILL: 8 Q. 9 And under section D, paragraph 2, it states that in no event will the variable rate exceed the 10 maximum interest rate allowed by the laws of the 11 State of Rhode Island. Correct? 12 A. That's what page 54 says, yes, ma'am. 13 Q. And page 17 states that in no event will the 14 variable rate exceed the minimum interest rate 15 allowed by the state -- the laws of the State of 16 Ohio. Correct? 17 A. That's what page 17 says. 18 Q. Now, at the bottom of both page 54 and 17 -- 19 these are the Bates stamped numbers -- that term 20 code -- that was your word not mine -- appears to 21 be identical. Is that true? 22 A. Yes, ma'am. 23 Q. Which note -- which loan request and credit 24 agreement is, in fact, the true copy of the one 25 that was executed by the borrowers in this case, THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 120 of 207 2008 1 2 PageID #: 120 Exhibit 12 or Exhibit 6? A. The signature pages are both the same in both 3 of the exhibits; but the terms attached in 4 Exhibit 6, with the exception of the missing page 5 that we discussed previously, would be the 6 accurate ones. 7 your Deposition Exhibit 12 actually belong to the 8 RBS Citizens, Charter One program. 9 during the time that the two banks were merging; The terms that were attached in This was 10 so the RBS Citizens managed programs would have 11 gotten this term code that's identified in your 12 Exhibit 12, where the Charter One originated 13 programs would get the term codes that were 14 attached in Deposition Exhibit 6. 15 Q. So is it fair to say that the -- it was the -- it 16 was the affidavit production specialist -- is 17 that right? 18 Is that close, the affidavit production 19 specialist? 20 The person who puts together the form 21 affidavit and attaches the documents, what do you 22 call that person? 23 A. It's an affidavit production team. 24 Q. Oh. 25 A. I didn't give a specific title. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 121 of 207 2009 1 Q. I was pretty close. 2 A. I didn't give a specific name. 3 Q. Okay. All right. PageID #: 121 So the affidavit production 4 team are the people responsible for attaching the 5 first page with the additional pages; is that 6 right? 7 A. 8 9 For the affidavit production, yeah, when it goes along with the affidavit. Q. Okay. So is it -- is it fair to say that when 10 you looked in the -- what was that third -- the 11 third database that has the documents? 12 A. Media Locator. 13 Q. Media Locator. 14 A. Uh-huh. 15 Q. When you looked in the Media Locator, the Thank you. 16 additional terms and conditions are not part of 17 that file. 18 19 Right? MR. SHARTLE: A. Generally, no. Objection, mischaracterization. However, they can become part of 20 that file. That file contains all the loan level 21 documents. So in the event an affidavit is 22 signed -- like in this case, there was multiple 23 affidavits signed. 24 once they're signed and stored in the Media 25 Locator. Those are then scanned in THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 122 of 207 2010 1 PageID #: 122 So now, if I go into the Media Locator for 2 Ms. Thurlow's loan, I can pull up the affidavit 3 with the attachments; and then her terms and 4 conditions would be on there. 5 Q. Okay. But in this case in the Portland District 6 Court, there's been two representations to the 7 Court that loans that are different are true and 8 accurate copies. 9 A. 10 Well -MR. SHARTLE: 11 legal conclusion. 12 an affidavit. 13 BY MS. DILL: 14 Q. 15 Right? Okay. Objection, calls for a Only one was attached to That's fair. So the complaint that was filed stated that 16 Exhibit 12 is a true and accurate copy of the 17 complaint. 18 A. And that's not true. Right? I don't know what the complaint stated. I don't 19 recall the specific wording or in what context 20 the document was referred to within the 21 complaint. 22 Q. 23 attachments to the note are, in fact, different? 24 25 You would agree with me though that the MR. SHARTLE: A. Object to the form. The terms for Deposition Exhibit 6 and Deposition THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 123 of 207 2011 1 2 PageID #: 123 Exhibit 12 are different sets of terms. Q. 3 And how do you explain the difference? Was it human error? 4 A. I believe it was. 5 Q. And what do you think the error was? 6 A. I couldn't speculate. 7 Q. Is there a process by which the affidavit 8 production team produces a note and then pushes 9 a button for terms and conditions that are 10 supposed to apply; and maybe somebody pushed the 11 wrong button? 12 A. It's a manual review. 13 Q. What is a manual review? 14 A. Reviewing the account for the applicable terms 15 and conditions. 16 person looking at the terms, looking at the term 17 code, and finding the applicable terms associated 18 with that code, and then pulling those in 19 manually. 20 Q. It's not a button push; it's a So in this case though, I think we have already 21 established that there's no paper records of this 22 loan, correct, that you have in your possession, 23 custody, or control? 24 25 MR. SHARTLE: Object to the form, the use of the word paper. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 124 of 207 2012 PageID #: 124 1 A. Our records are maintained electronically. 2 Q. Okay. And there is no one place that has the 3 terms and conditions that were appended to the 4 actual loan application -- loan request and 5 credit agreement that Sarah Thurlow signed. 6 Correct? 7 THE DEPONENT: Can you read that back? 8 A. Or can you repeat it? 9 Q. Sure. 10 I'll try to repeat it if you don't understand. 11 A. No. I just lost you halfway through. 12 Q. At the time that Sarah Thurlow signed the loan in 13 July of 2006, the piece of paper that she signed 14 and faxed, you said earlier in your testimony, 15 had the terms and conditions attached. Right? 16 A. Yes, ma'am. 17 Q. And they, according to your testimony, were not 18 faxed to the lender; but are, nevertheless, 19 incorporated into the terms of the note. Right? 20 A. Correct. 21 Q. And my question to you is how do you know, as you 22 sit here today, which terms and conditions go 23 with her note, the ones that are attached to the 24 complaint or the ones that are attached to the 25 Holiday affidavit? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 125 of 207 2013 1 A. PageID #: 125 Well, it's the ones that were attached to the 2 Holiday affidavit. I know that by, one, looking 3 at the term code and matching it up. 4 they're both -- on Exhibit 12 and Exhibit 6, 5 they're both the same term code. 6 further in the opening paragraph of the terms, it 7 identifies the actual lending bank. 8 terms that identify in Exhibit 6 in Alicia 9 Holiday's affidavit are for Charter One, where Even though But then And the 10 the terms identified in your Deposition Exhibit 11 12 are Charter One doing business -- or -- yes, 12 doing business -- or RBS Citizens National 13 Association doing business as Charter One. 14 Q. 15 16 Where are you looking in this document for these terms? A. It's the first paragraph. So Deposition 17 Exhibit 6, Bates 17; and Deposition Exhibit 12, 18 Bates 54 in the very first paragraph where it 19 identifies the definition of lender. 20 third sentence in or the third line. 21 MR. SHARTLE: 22 It's literally the first paragraph of both documents. 23 BY MS. DILL: 24 Q. 25 It's the Okay. But you don't know -- you don't have personal knowledge what terms and conditions. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 126 of 207 2014 PageID #: 126 1 You're making an assumption that these terms and 2 conditions were attached to her loan based on a 3 code; but you don't know for a fact. 4 true? 5 MR. SHARTLE: 6 7 Is that Objection to the form and mischaracterization. A. I do have personal knowledge of the business 8 practice for the origination of these loans and 9 the practice of -- 10 Q. Well, wait. So you have -- you have personal 11 knowledge of the -- the practices and procedures 12 that were in place in 2006 when she signed this 13 loan? 14 A. Yes, ma'am. 15 Q. And what is that based on? 16 A. Various agreements -- 17 MR. SHARTLE: 18 19 Objection, asked and answered. A. -- that lay out the way these loans are to be 20 originated as well as my training with First 21 Marblehead who assisted in the origination 22 process of these loans. 23 Q. 24 25 Do you know where she signed this loan and where it was faxed from? A. Well, it was faxed from -- the document says THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 127 of 207 2015 1 where it was faxed from, from fax No. 2 (207) 893-1756. 3 located I do not know. PageID #: 127 Where that fax was physically 4 Q. And do you know where she faxed it to? 5 A. As previously stated, it was either to Charter 6 One or to a party on Charter One's behalf, 7 someone that they have hired to facilitate the 8 origination of loans, faxed to the fax number 9 (800) 704-9406. 10 Q. Do you know what number that is? 11 A. No, ma'am. 12 Q. Okay. So it's safe to say you don't know where 13 it was faxed from. 14 have two possibilities; but you don't know which 15 one it was faxed to. 16 A. Yes. 17 Q. Okay. I agree -- I accept that you Correct? I stated that. And your testimony that you're sure that 18 Exhibit 6 is, in fact, what she signed is based 19 on your experience and past practice; is that 20 right -- and the codes? 21 A. Yes, ma'am. 22 Q. Okay. 23 That's fair. Anything else inform you as to which terms and conditions she agreed to? 24 A. No, ma'am. 25 Q. Now, both Alicia Holiday and James Cummins we THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 128 of 207 2016 PageID #: 128 1 have already established work with you in 2 Georgia. Right? 3 A. Yes, ma'am. They're located in my office. 4 Q. And Mr. Cummins in his affidavit, which is 5 Deposition Exhibit 2, on Bates stamped page 4 6 gives the principal sum together with accrued 7 interest for a total of 18,639 thousand -- excuse 8 me, $18,639.96 as of January 15, 2016. Correct? 9 A. Yes, ma'am. 10 Q. Now, Ms. Holiday in her affidavit, which is 11 Deposition Exhibit 4, on page -- Bates stamped 12 page 11 in paragraph 10 says that principal sum 13 together with accrued interest for a total 14 $18,639.96 as of May 23, 2016. 15 correct? Did -- is that 16 A. Yes, ma'am. 17 Q. Now, both of those can't be true. 18 A. I don't see why not. 19 Q. Interest on these loans accrues daily; doesn't 20 Right? it? 21 A. Yes, ma'am. 22 Q. Okay. So if there was a balance on January 15 of 23 2016, are you suggesting then that interest 24 stopped accruing at that time? 25 A. We stopped seeking the interest that was THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 129 of 207 2017 1 PageID #: 129 accruing. 2 Q. Why is that? 3 A. Through the litigation to seek an amount certain 4 and not have to go after prejudgment interest 5 that accrues during the pendency of the case. 6 Q. 7 8 So are you giving up any right to interest after January 15, 2016? A. 9 Through this litigation. prior to that. It's actually a date It's the date that we placed it 10 with the law firm that we stop seeking the 11 recovery of that interest. 12 Q. When was the case placed with the law firm? 13 A. April 10 of 2015. 14 Q. So did interest stop accruing on April 10 of 15 16 2015? A. 17 18 Interest continued to accrue. We just stopped seeking the recovery of it. Q. Your representation to the Court that this is the 19 amount due based on the loan documents, is it 20 your testimony that what you meant to say was 21 that that was the amount that you're seeking, not 22 that that's the amount due? 23 MR. SHARTLE: Objection, argumentative. 24 A. I'm not sure. 25 Q. You know that this is a breach of contract case. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 130 of 207 2018 1 PageID #: 130 Right? 2 A. Yes, ma'am. 3 Q. Okay. 4 And so presumably the breach of contract refers to the loan; is that right? 5 A. Yes, ma'am. 6 Q. And so a representation to the Court as to how 7 much the loan amount due is usually based on the 8 loan plus interest. 9 MR. SHARTLE: Right? Objection, argumentative. 10 A. Could be. 11 Q. Well, you do a lot of these cases. Right? 12 MR. SHARTLE: Objection, argumentative. 13 Is it your position that you have to ask 14 for more than what you're entitled -- more 15 than you're willing to take? 16 BY MS. DILL: 17 Q. Is your explanation that the difference in 18 amounts stated to be owed between Mr. Cummins and 19 Ms. Holiday is because you hired the law firm? 20 MR. SHARTLE: Objection, argumentative. 21 A. I'm not sure I understand the question. 22 Q. Okay. If you said this already, I apologize. 23 But what is the reason for not continuing to 24 calculate the accrual of interest? 25 A. It's a business decision. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 131 of 207 2019 1 Q. 2 131 Who made the business decision? MR. SHARTLE: 3 PageID #: Objection, outside the scope of the notice. 4 A. Multiple parties were involved in deciding that. 5 Q. Were you one of them? 6 A. I was part of conversations. 7 Q. Who else was in the conversation? 8 A. In-house counsel. 9 MR. SHARTLE: 10 Don't reveal any conversations you have had with the lawyers. 11 BY MS. DILL: 12 Q. 13 Is in-house counsel separate from the Ratchford Law Group? 14 A. Yes, ma'am. 15 Q. So is the amount that the National Collegiate 16 Student Loan Trust is seeking in this lawsuit an 17 amount that is not reflective of the principal 18 balance plus accrued interest? 19 A. 20 MR. SHARTLE: 21 22 It's the amount -Objection, argumentative and to the form. A. 23 It's the amount that's representative of the principal balance plus interest to a date. 24 Q. And what date is that? 25 A. It was April 10 of 2015. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 132 of 207 2020 1 Q. Okay. PageID #: 132 I'm going to show you now what's been 2 marked Deposition 19, which I haven't given you 3 yet. 4 Have you seen this document before? 5 I doubt it. 6 A. 7 8 Not this particular document. I have seen similar letters. Q. 9 Would you agree with me that this -MR. SHARTLE: 10 Hold on a second. Have you produced this in this litigation? 11 MS. DILL: No. 12 MR. SHARTLE: You're going to ask the 13 witness about a document that you haven't 14 produced? 15 MS. DILL: Yes. 16 MR. SHARTLE: And I'll object and let 17 the witness answer to the extent he has 18 personal knowledge. 19 questioning relating to a document you have 20 held onto and you want to surprise the 21 witness about it is totally improper. 22 MS. DILL: 23 MR. SHARTLE: 24 BY MS. DILL: 25 Q. Okay. But I think any line of All right. All set? All right. This appears to be a financial activity summary THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 133 of 207 2021 PageID #: 133 1 document produced by American Education Services. 2 Would you agree with that? 3 A. It appears to be. 4 Q. Okay. And we have -- we have already learned 5 that you -- it's your belief that the American 6 Education Services maintains accurate and 7 reliable records. Correct? 8 A. Yes, ma'am. 9 Q. And the document states that on April 2, 2012, 10 the guarantor paid off this loan and the other 11 loan that is the subject of the two cases against 12 my client. 13 Do you see that? MR. SHARTLE: Objection. Are you 14 testifying to what the document says or are 15 you going to ask the witness? 16 BY MS. DILL: 17 Q. 18 Do you see where the document indicates that the guarantor paid off both loans in this case? 19 A. I see where the document says guarantor pay. 20 Q. Okay. 21 A. That terminology, no, ma'am. 22 Q. Do you know what a guarantor is? 23 A. As previously stated, yes, ma'am. 24 Q. And you know the guarantor in this case is TERI? 25 A. Was TERI. And can you explain what that means. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 134 of 207 2022 1 Q. 2 134 Was TERI. And do you know if, in fact, TERI purchased 3 this loan? 4 A. They did not. 5 Q. They did not. 6 7 PageID #: And you -- what do you base that testimony on? A. Well, I base that testimony on the fact that TERI 8 filed bankruptcy in April 2008. And then they 9 entered into a temporary order which allowed them 10 to continue to guarantee loans so long as they 11 had money in their pledged account for each 12 individual trust. 13 into their general operating fund to guarantee 14 the loans. 15 They were not allowed to dip And based on my training and working with 16 First Marblehead, who worked with TERI on a lot 17 of the guarantees during that interim period, the 18 pledged accounts ran dry as of late 2008, 19 beginning of 2009. 20 any loans because they had no more money left in 21 their pledged accounts to guarantee those loans. 22 So TERI no longer guaranteed That then created a void of defaulted loans 23 which then allowed First Marblehead Education 24 Resources to be enacted as a special servicer of 25 defaulted loans which then ultimately transferred THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 135 of 207 2023 PageID #: 1 to NCO Financial Systems when First Marblehead 2 Education Resources resigned in 2012. 3 Q. 4 5 So how does that explain your belief that TERI did not purchase this loan? A. They couldn't have. They had no money left in 6 their pledged account as of 2008, beginning of 7 2009. 8 Q. 9 And this is information that was relayed to you by whom? 10 A. First Marblehead. 11 Q. Who at First Marblehead? 12 A. I don't remember exactly. 13 14 135 Matt Coletti or Jason Corn. Q. 15 So this was a conversation you had with somebody at First Marblehead? 16 A. Yes, ma'am. 17 Q. Let's look back at the Deposition Exhibit 8 now. 18 You testified earlier that Deposition Exhibit 8, 19 page 39, the entry for August -- excuse me, 20 April 2, 2012, was a charge-off. Correct? 21 A. Yes, ma'am. 22 Q. You agree with me though that the amount charged 23 off is, in fact, the exact amount that the AES 24 document, Deposition Exhibit 19, claims to have 25 paid off. Is that correct? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 136 of 207 2024 1 A. 2 PageID #: I mean, the document says guarantor pay. 136 I would not say that the guarantor paid off that amount. 3 Q. What -- why would you not say that? 4 A. Because of my knowledge that the loan was charged 5 off and the guarantor was not in a capacity to do 6 any business of coming through as a guarantor on 7 an individual loan at that time. 8 Q. 9 Are there any records that you have at your disposal that would confirm whether or not this 10 $15,786.39 credited on April 2, 2012, as it 11 appears to have been on Deposition Exhibit 8 is 12 not a result of TERI paying it off one way or the 13 other? 14 A. 15 16 I think the fact that we have it in our system supports that TERI didn't pay it off. Q. The fact that you show the exact amount credited 17 on the same day supports the position it didn't 18 pay it off? 19 A. No. The fact that TSI currently has the account 20 and is servicing the account supports that TERI 21 never paid it off because had TERI paid it off, 22 the account would have never went to First 23 Marblehead originally, never went to NCO, and 24 never be at TSI as it is today. 25 Q. You would agree with me that if TERI had paid the THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 137 of 207 2025 PageID #: 137 1 loan off in April of 2012, that the National 2 Collegiate Student Loan Trust would no longer own 3 the loan. 4 MR. SHARTLE: 5 6 Right? Objection, asked and answered. A. Had TERI paid the loan off, that is correct; 7 National Collegiate Student Loan Trust 2006-3 8 would not own that loan. 9 Q. And, therefore, the lawsuit that National 10 Collegiate Student Loan Trust 2006-3 and the 11 other one in this case would be unlawful? 12 MR. SHARTLE: 13 legal conclusion. 14 We'll stipulate it would have been 15 16 improper. A. 17 18 Objection, calls for a Had TERI paid off the loan, the lawsuit as currently pled and captioned would be improper. Q. 19 Now, you said you have access to the AES database. Right? 20 A. Yes, ma'am. 21 Q. So is this a record that you have access to? 22 A. Through a request. 23 I would have to request it from AES. 24 Q. What would you call the request? 25 A. I would ask for the correspondence document THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 138 of 207 2026 PageID #: 138 1 number. 2 that you just requested from AES recently, and 3 they mailed to you. 4 AES. 5 letters are identified by correspondence doc 6 numbers, which are found in the bottom center, 7 which is a unique numerical code that identifies 8 and relates to an individual letter. 9 Q. I mean, it looks like this is something So this is a new record from And their records are identified -- their So specifically with respect to document -- 10 excuse me, Exhibit 19, are you referring to the 11 number 00121171240000040? 12 A. Yes, ma'am. 13 Q. Based on your experience working with the AES 14 database, does this appear to be a document 15 that's produced in the ordinary course? 16 A. If the financial activity or something along 17 those lines is requested from AES, yes, they 18 would send this letter out with the transactions 19 identified. 20 proactively sent by AES. 21 Q. It is not something that's So did First Marblehead represent to you that the 22 database that contained information used to 23 create the loan financial activity which is 24 Deposition Exhibit 8 was based on their 25 extraction of AES records and passing them onto THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 139 of 207 2027 1 PageID #: 139 you? 2 So, in other words, did First Marblehead 3 collect all the relevant AES records, put them 4 into a database, and then pass them along to you; 5 or did the documents go direct -- the information 6 go directly from AES to Transworld Systems? 7 A. For this particular loan the records would have 8 went from AES to First Marblehead Education 9 Resources as of April of 2012. And then when 10 First Marblehead stepped down and NCO was put in 11 place as the special servicer in November 1 of 12 2012, those records were transferred from First 13 Marblehead to NCO. 14 Q. 15 I'm going to have to read the transcript to remember that. 16 MR. SHARTLE: 17 BY MS. DILL: 18 Q. Do you want to -- We're -- let's go back to Deposition Exhibit 8 19 for a minute. 20 you said indicated when First Marblehead had -- 21 control might not be the right legal word, but 22 had -- was supervising or -- I don't know what 23 the word is. 24 25 There is something on here that Didn't you tell me that the loan was serviced for a short time by First Marblehead? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 140 of 207 2028 PageID #: 140 1 A. Yes, ma'am. 2 Q. And then AES -- 3 A. AES, and then First Marblehead, and then NCO. 4 Q. Okay. 5 And how do you know that based on looking at Deposition Exhibit 8? 6 A. The loan charged off in April of 2012. 7 Q. Yes? 8 A. That was prior to NCO becoming servicer. 9 servicer at that time for defaulted loans was 10 11 The First Marblehead Education Resources. Q. Okay. And so if -- if TERI had, in fact, paid 12 off the loan in April of 2012, it would have been 13 at the time that First Marblehead was the 14 servicer? 15 A. No. 16 Q. Oh, I thought you said it was April of 2012 when 17 18 They would have paid off to AES. it went -A. Once it charged off, it went to First Marblehead 19 for servicing. 20 have paid it off at the time of the acceleration 21 and charge-off of the loan. 22 never went to First Marblehead. 23 went from AES to TERI. 24 25 Q. Had TERI paid it off, they would So it would have It would have And when you talked about it, it is this electronic system of records. THE REPORTING GROUP Mason & Lockhart Correct? Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 141 of 207 2029 1 A. 2 3 PageID #: 141 It would be the electronic records of the individual loan. Q. 4 Okay. Is it possible that the electronic record went both to TERI and to First Marblehead? 5 A. No. 6 Q. How is that? 7 A. Because at this time TERI was out of the picture 8 for a period of years. 9 charged off went to First Marblehead at this 10 11 All the loan records that time. Q. And your understanding of what was going on with 12 TERI is based on your conversations with the 13 lawyer at First Marblehead and others? 14 A. Yes, ma'am. 15 Q. Do you have any legal training when it comes to 16 bankruptcy? 17 A. Not formal. 18 Q. Have you ever looked at any of the bankruptcy 19 records that relate to TERI? 20 A. Yes, ma'am. 21 Q. Which ones? 22 A. I mean, I have reviewed the entire docket. 23 haven't read every filing, but -- 24 Q. You reviewed the entire docket? 25 A. Yes, ma'am. THE REPORTING GROUP Mason & Lockhart I Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 142 of 207 2030 1 Q. PageID #: 142 And it's -- and it's still -- it's your belief 2 that after they filed bankruptcy in 2008 and the 3 reserves dried up, they no longer paid off any 4 loans? 5 A. 6 Once the reserves dried up, that is correct -- or not the reserves, the pledged accounts. 7 MR. SHARTLE: 8 MS. DILL: 9 MR. MCKINLEY: 10 Can we take a break? Sure. Sure. (A short recess was taken.) 11 BY MS. DILL: 12 Q. Looking, again, at Deposition Exhibit 19, you 13 testified that the number at the bottom of the 14 page refers to correspondence. 15 is is the document attached to the first page 16 Bates stamped 76 and 77, is this information that 17 TSI has access to without special application? 18 A. And my question The information contained it has access to. It's 19 actually -- the information other than the 20 transaction types, being numerical values, is the 21 information that's contained in the loan 22 financial activity, which we have previously 23 discussed. 24 25 Q. With the exception being also that the payment on April 2, 2012, in the AES documents describe it THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 143 of 207 2031 PageID #: 143 1 as a guarantor pay; and in the documents that 2 were produced by TSI for this litigation, 3 Deposition Exhibit 10 -- oh, no. 4 that. Sorry about 5 Where did my payment schedule go? 6 Oh, I'm all unorganized. 7 MR. SHARTLE: 8 Do you want it? 9 Here, you can use mine. 10 MS. DILL: 11 It's page 39, Exhibit 8. Sorry. (Discussion off the record.) 12 BY MS. DILL: 13 Q. Looking at Deposition Exhibit 19 and Deposition 14 Exhibit 8, would you agree with me that the 15 difference is that the payment of $15,786.39 on 16 April 2, 2012, is described by AES as guarantor 17 pay; and on -- on Deposition Exhibit 19. 18 Deposition Exhibit 8 is described, in your words, 19 as a charge-off. And on Right? 20 A. That's accurate. 21 Q. And there's a difference between a guarantor pay 22 and a charge-off. Right? 23 A. Yes, ma'am. 24 Q. So did Transworld Systems have the information 25 that's contained in Deposition Exhibit 19 with THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 144 of 207 2032 PageID #: 1 respect to the guarantor pay when it produced 2 Deposition Exhibit 8 for purposes of this 3 litigation? 4 A. No, ma'am. 5 Q. How do you know that? 6 A. As stated, we don't have the -- this document. 144 7 This document actually did not exist until May 5 8 of 2017 as dated on the letter. 9 Q. Okay. But none of these documents really 10 existed, did they, before they were printed? 11 that fair? 12 MR. SHARTLE: 13 14 Is Objection to the form and mischaracterization. A. 15 I'm uncertain how AES produced or compiled what they included in their letter. 16 Q. You were trained on the AES system? 17 A. Yes, ma'am. 18 Q. And when you were trained on the AES system, did 19 they talk about how they document a loan that's 20 purchased by TERI? 21 A. No, ma'am. 22 Q. So they didn't train you on that or they don't do 23 it? 24 That's a bad question. 25 You have already testified you did not get THE REPORTING GROUP Mason & Lockhart Forget it. Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 145 of 207 2033 PageID #: 145 1 training from AES on how it documents loans that 2 are paid off by TERI. Is that fair? 3 A. That is fair. 4 Q. Has anyone at TSI been trained in that regard 5 that you're aware of? 6 A. No, ma'am. 7 Q. Is this the first time you have been made aware 8 that this loan is represented by AES to have been 9 purchased by TERI? 10 MR. SHARTLE: 11 Objection. Are you testifying to what the document says? 12 Do you know what that code means? 13 BY MS. DILL: 14 Q. 15 You can answer the question. MR. SHARTLE: 16 If you understand the question. 17 A. Can you rephrase it, please. 18 Q. Is this the first time that you have been made 19 aware that AES has a document that states on 20 April 2, 2012, guarantor pay, $15,786.39 was 21 credited to this account? 22 A. This is the first time I'm seeing this document. 23 Q. Is it the first time you have been made aware 24 that there's a possibility that the loan was 25 purchased by TERI? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 146 of 207 2034 1 MR. SHARTLE: mischaracterization of the evidence. 3 facts not in the record. A. 5 6 Assumes This is the first time I'm made aware that AES had a transaction of guarantor pay for that date. Q. 7 Have you ever seen that description of a transaction before, guarantor pay? 8 A. Not to my recollection. 9 Q. So when you have accessed the AES database for 10 purposes of preparing for today's deposition, 11 what information did you review? 12 146 Objection, 2 4 PageID #: A. I reviewed their database, including the 13 screens that were printed out and that we have 14 discussed previously, their account notes which 15 notate any -- any correspondence, telephone 16 calls, letters being mailed out, correspondence 17 being received. 18 Q. Would you say that you did a thorough review of 19 all of the information available that you had 20 access to with respect to this loan? 21 A. Yes, ma'am. 22 Q. And is it fair that the information that you 23 reviewed did not include any notations about 24 guarantor pay? 25 A. From my review, that is -- that is fair. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 147 of 207 2035 1 Q. PageID #: 147 Now, if you had wanted to do additional research 2 in AES and find out if TERI had bought this loan, 3 could you have? 4 A. 5 6 I don't think I could have reviewed anything additionally. Q. 7 Okay. So you did a pretty much exhaustive search of the information available to you -- 8 A. I believe so. 9 Q. -- is that fair? 10 And it did not include information about 11 guarantor or TERI being paid or purchasing the 12 loan? 13 A. No, ma'am. 14 Q. So when was it that the decision was made to 15 begin a lawsuit for -- two lawsuits against Sarah 16 Thurlow and Vickie McMullen? 17 A. Well, as previously stated, the account was 18 placed in April of 2015 to Ratchford Law Group 19 which then began to attempt to collect on the 20 loan. 21 I'm unaware of. When they made the decision to file suit 22 Q. I'm sorry. 23 A. Yes, ma'am. 24 Q. Now, prior to Ratchford Law Group, were there 25 It was April of 2015? other debt collection agencies that were hired by THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 148 of 207 2036 1 PageID #: 148 TSI to collect this debt? 2 A. Yes, ma'am. 3 Q. Which ones? 4 A. I don't recall. 5 Q. Was it Daggett & Parker? 6 A. I believe so. 7 Q. I'm going to direct your attention to Exhibit 16 8 and 17. 9 before? 10 A. 11 12 Have you ever seen these documents I remember seeing 17 before. I don't recall seeing 16. Q. Are they documents that are contained in the TSI 13 file that you reviewed in preparation for today's 14 deposition? 15 A. Exhibit 17 was part of the litigation file. I 16 believe it was filed in support of a motion to 17 set aside or vacate a judgment. 18 I don't think I have ever seen it. 19 Q. 16, like I said, Is there information in the TSI database 20 suggesting that Daggett & Parker, attorneys at 21 law, were hired to collect these debts? 22 A. Yes, ma'am. 23 Q. Where in your system is that information 24 25 maintained? A. Well, we have the legal screen, which is what we THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 149 of 207 2037 PageID #: 149 1 call it in CRS, that identifies any law firms 2 that the account was placed with and timeframes 3 for which those placements occurred. 4 Q. 5 Other than Daggett & Parker and Ratchford Group, any other law firms hired to collect this debt? 6 A. Not to my knowledge. 7 Q. So is it fair to say that Daggett & Parker were 8 unsuccessful in collecting the two loans 9 allegedly made to Sarah Thurlow? 10 A. 11 12 Yes, they did not recover any funds on the loan. So I would say they were unsuccessful. Q. 13 And did they have a certain amount of time in which to attempt to collect money? 14 A. No, ma'am. 15 Q. What are the terms of Transworld Systems hiring 16 Daggett & Parker? 17 A. Can you clarify that? 18 Q. How long did Daggett & Parker represent National 19 Collegiate Student Loan Trust 2007-1 and 2006-3? 20 A. I don't recall. 21 Q. Other than sending the letters that are 22 Deposition Exhibit 16 and 17, are you aware of 23 any other debt collection activity performed by 24 Daggett & Parker with respect to these two loans? 25 A. I'm not aware of any. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 150 of 207 2038 1 Q. PageID #: 150 Why was the -- why were the loans transferred for 2 collection purposes from Daggett & Parker to the 3 Ratchford Law Group? 4 A. I don't know. 5 Q. Does your compensation depend in any way on the 6 amount of loan proceeds collected by TSI? 7 A. My compensation -- personal compensation? 8 Q. Yes. 9 A. No, ma'am. 10 Q. Do you know why in Deposition 16 and 17 Daggett & 11 Parker stated that the borrowers had paid a total 12 of zero towards the above claim? 13 A. No, ma'am. 14 Q. Would you agree with me that that's not a true 15 16 statement? A. If I read that to say have they ever paid 17 anything, yes; that's an incorrect statement. 18 could read it to say that they paid Daggett & 19 Parker zero dollars toward the claim, for which 20 that would be an accurate statement. 21 It says, according to our records -- Daggett 22 & Parker's records -- they never received a 23 payment. 24 25 I Q. So that would be accurate. Did Transworld Systems ever hire EOS CCA to collect these loans? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 151 of 207 2039 1 A. No, ma'am. 2 Q. Do you know what EOS CCA is? 3 A. No, ma'am. 4 Q. Did Transworld Systems ever hire National 5 PageID #: 151 Enterprise Systems, Inc., to collect these loans? 6 A. I don't know. They are one of our agencies. 7 Q. When you prepared for today's deposition and 8 looked at the legal screen, do you recall if any 9 others were retained to collect these loans 10 besides Daggett & Parker, Ratchford Law Group, 11 and possibly National Enterprise System? 12 A. Well, the legal screen would only be the law 13 firms. 14 Daggett & Parker and Ratchford Law Group. 15 is a different screen that identifies traditional 16 agencies that aren't law firms. 17 And those were -- from my review was only There I don't recall which agencies off the top of 18 my head these loans were placed with. 19 Q. These are debt collection agencies? 20 A. Yes, ma'am. 21 Q. Does Transworld Systems make decisions about the 22 litigation of these loans? 23 MR. SHARTLE: Object to the form. 24 A. Can you clarify that, please. 25 Q. In this case the -- well, let me ask you this. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 152 of 207 2040 PageID #: 1 It's true, isn't it, that these two loans that 2 Sarah Thurlow, now Sara Coffey, allegedly took 3 out were serviced together. Right? 4 A. I don't think I understand serviced together. 5 Q. Well, she just made one payment; and it was 6 7 applied to both loans. A. 152 Right? She made -- the payments were applied based on 8 her direction to AES. So she could have directed 9 AES to apply all of the payments to one 10 particular loan or to split it up evenly or pro 11 rata. 12 payment. There's different options in AES for 13 Q. How would she have done that? 14 A. Well, I believe at least the most recent payments 15 were web pays, so online. 16 radial buttons to click, or there's another 17 amount that she can actually type in an amount to 18 be applied to each loan. 19 Q. And there's different So when I asked you if the loans were serviced 20 together, that's not a -- that's not something 21 you understand and can answer? 22 A. I didn't understand exactly what you meant by 23 that. They were both serviced by AES for -- from 24 disbursement until charge-off. 25 on the same day, but they were disbursed on THE REPORTING GROUP Mason & Lockhart They charged off Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 153 of 207 2041 1 PageID #: 153 different days. 2 So the first loan would have been serviced 3 independently since the second loan didn't exist. 4 But since they charged off on the same day, 5 thereafter they followed the same servicing 6 pattern by being serviced by First Marblehead 7 Education Resources and then to NCO and 8 ultimately to TSI. 9 Q. Whose decision was it to file separate lawsuits? 10 A. I don't know. 11 Q. Is it Transworld Systems' custom and practice to 12 file an individual lawsuit for each individual 13 loan? 14 A. 15 16 So long as the loans are owned by different legal entities, yes, ma'am. Q. And it's your testimony that in these cases, 17 15-324 and 15-326, the loans are owned by 18 different entities? 19 A. Yes, ma'am. 20 Q. Who do you believe owned the loans in the case 21 22 15-324? A. 23 24 25 15-324 was our first loan. So National Collegiate Student Loan Trust 2006-3. Q. And who do you believe is the owner of the 15-326? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 154 of 207 2042 PageID #: 154 1 A. National Collegiate Student Loan Trust 2007-1. 2 Q. And those trusts are contracted with U.S. Bank 3 4 who then contracts with you to collect the loans? A. 5 6 loans. Q. 7 Do you have any interaction with the trusts in your day-to-day business? 8 9 To service the loans -- the defaulted portion of MR. SHARTLE: A. Object to the form. The individual trusts, no. 10 employees. 11 servicers and trustees. 12 Q. 13 We contract and review with their How many lawsuits has the Ratchford Law Group been hired to file in the State of Maine? 14 MR. SHARTLE: 15 16 I mean, they have no Object to the form and outside the scope of the notice. A. I wouldn't say Ratchford Law Group is hired to 17 file suits. 18 the ability to file a suit if they deem it 19 necessary, but I would not be able to estimate 20 how many lawsuits they filed. 21 Q. They're hired to collect. They have In these two cases that have not been 22 consolidated, it is your intent to prove 23 ownership of the loan. Correct? 24 A. Yes, ma'am. 25 Q. And how much you believe is owed on each loan. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 155 of 207 2043 1 PageID #: 155 Correct? 2 A. Yes, ma'am. 3 Q. Is there any evidence that you have of ownership 4 other than the evidence you presented to the 5 district court in the motions for summary 6 judgment and motions for default judgment? 7 MR. SHARTLE: 8 9 Objection. It's going to call for a legal conclusion. A. I don't believe we have looked at any documents 10 in support of a motion for default judgment. 11 the documents attached to the affidavit in 12 support of motion for summary judgment would be 13 the chain of title documents that we would rely 14 on to prove ownership. 15 Q. But And in the second case, if you look at Deposition 16 Exhibit 13, you were designated by National 17 Collegiate Student Loan Trust 2007-1 to appear 18 today to give testimony about the verification of 19 account signed by James Cummins dated January 19 20 and the exhibits and the reporting by the 21 plaintiff, which is National Collegiate Student 22 Loan Trust or its agents, of adverse credit 23 information to credit reporting agencies. 24 you prepared to do that today? 25 A. Yes, ma'am. THE REPORTING GROUP Mason & Lockhart Are Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 156 of 207 2044 1 Q. Okay. PageID #: 156 So with respect to this loan that is the 2 subject of 15-326, would you agree with me that 3 the affidavit and verification of account signed 4 by James Cummins in this case is, with the 5 exception of amounts and dates, identical to the 6 one in the 15-324 case? 7 A. 8 9 Other than the amounts, the dates, and the plaintiff, they appear to be identical. Q. And with respect to this matter -- by that I mean 10 the 2007-1 NCSL loan -- are there any records 11 that are not electronic with respect to this 12 loan? 13 A. This would be similar to the first line that we 14 discussed. 15 would be in electronic format. 16 Q. 17 18 All our records in TSI's possession And what do you know about the record management practice of the trusts themselves? A. Well, the trusts delegate all record management 19 practices to either AES for the predefault 20 servicing or to, now, TSI as the post-default 21 servicing. 22 Q. And the note that was appended to Mr. Cummins's 23 affidavit in support of the trust's motion for 24 default judgment is only the first page. 25 Correct? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 157 of 207 2045 1 A. PageID #: 157 It's the signature page of the nonnegotiable 2 credit agreement along with the note disclosure 3 statement. 4 Q. 5 document. 6 7 And the signature page is not the complete loan Correct? MR. SHARTLE: A. Objection. It's the signature page. The loan document also 8 references and it incorporates some terms and 9 conditions as well as the note disclosure 10 11 statement. Q. 12 Okay. And the terms and conditions though are not attached to the document; is that true? 13 A. That's correct. 14 Q. Okay. Oh, here at the top of the page, if you 15 look at page 65 -- Bates stamped 65, this is 16 where there was a reference to Mechanics Savings 17 Bank at the top. 18 A. Yes, ma'am. 19 Q. Do you believe that that may have been where the 20 loan originated? 21 MR. SHARTLE: 22 23 24 25 Object to the use of the form originated. A. I don't believe so. MR. SHARTLE: You're talking about the reference to Mechanics Savings Bank? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 158 of 207 2046 1 MS. DILL: 2 BY MS. DILL: 3 Q. Uh-huh. PageID #: 158 Yes. Now, the terms and conditions that were attached 4 to the nonnegotiable credit agreement that 5 appears as Deposition Exhibit 18 on page 2 has a 6 variable rate that can't exceed the State of 7 Rhode Island. Did I read that correctly? 8 A. Yes, ma'am. 9 Q. Now, how do you know if, in fact, those are the 10 terms and conditions that were agreed to by Sarah 11 Thurlow? 12 A. I believe it's actually like the previous line we 13 just discussed. 14 aren't the ones that go to this because these 15 terms are the RBS Citizens version, not the 16 Charter One version. 17 Q. It appears that these terms And so, again, I'm just trying to understand 18 if -- if the -- the affiant in this case, 19 Mr. Cummins, it was not him who attached the loan 20 note agreement to his affidavit. 21 It was somebody in the affidavit production 22 23 team? A. 24 25 Right? Correct. But Exhibit 18 wasn't attached to the affidavit or reviewed by Mr. Cummins. Q. Right. Right. But the person who attached the THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 159 of 207 2047 PageID #: 159 1 loan note to the Cummins affidavit, whoever that 2 was -- 3 MR. SHARTLE: Are we switching from the 4 attachment to the complaint now to a 5 different attachment, just so the record is 6 clear? 7 MS. DILL: 8 BY MS. DILL: 9 Q. Bear with me. The person who attached the nonnegotiable credit 10 agreement to the Cummins affidavit which appears 11 at Bates stamped page 65, my question is is it 12 the same person who attaches the loans to the 13 complaint? 14 A. No, ma'am. 15 Q. Who is responsible for attaching a true copy of 16 17 the loan agreement to the complaint? A. I don't know about a true copy. It's in the 18 firm's discretion on whether they attach the 19 credit agreement to the complaint or not, 20 depending on various state laws and pleading 21 requirements. 22 In this case it would have been Ratchford Law 23 Group to attach and compile the documents that is 24 your Deposition Exhibit 18. 25 Q. And does the Ratchford Law Group get its THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 160 of 207 2048 PageID #: 160 1 documents from Transworld Systems directly, or 2 does the Ratchford Law Group have access to the 3 AES database and the CRS database and the -- 4 A. The Media Locator. 5 Q. -- Media Locator? 6 7 8 9 Thank you. A. You're welcome. So at placement -- at time of placement to the Ratchford Law Group, they would have 10 received -- actually, they would have received 11 what was attached to the Cummins affidavit, your 12 Deposition Exhibit 15. 13 the signature page of the credit agreement and a 14 note disclosure statement. 15 their possession copies of what we call the term 16 library, which is a zip file containing all the 17 terms and conditions for the loans, the various 18 programs, various program years. 19 They would have received They also have in So what it appears that they did on this case 20 is they took the documents that we gave them, 21 matched them up -- or attempted to match them up 22 with the term library and pull in the proper 23 terms. 24 mistake and pulled in the RBS Citizens Charter 25 terms as opposed to just the Charter One terms. And they -- looks like they made a THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 161 of 207 2049 1 PageID #: 161 They pulled in the right term code and term 2 year end for the program; they just pulled in the 3 RBS Citizens version as opposed to the Charter 4 One version. 5 Q. Is this library that you just described that has 6 the different terms and conditions for the 7 different lenders something that is contained 8 within one of those databases that we have talked 9 about? 10 A. No, ma'am. It's separate and apart from. It's 11 stored just like the schedule documents that we 12 were referring to. 13 NCO, stored our server. 14 server, we then transfer copies of those terms to 15 our law firms for them to use. 16 Q. They're originally given to And then from our So how does Ratchford have access to the library 17 then if you transfer the documents to them? 18 Ratchford have access to your database and 19 server? 20 A. No, ma'am. Does The copies -- that term library, a 21 copy of it was electronically transferred to them 22 through a secure site for them to pull down and 23 then store on their servers. 24 25 Q. So in the complaint for this matter, the 2007-1 National Collegiate Student Loan Trust, it states THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 162 of 207 2050 PageID #: 162 1 that as of June 26, the amount of $11,645.27 is 2 due -- June 26, 2015. 3 A. Can you repeat that amount? 4 Q. As of June 26, 2015, $11,645.27. 5 A. Okay. 6 Q. Now, what was the date that you said you stopped 7 8 accruing interest for purposes of collection? A. 9 Well, for the first case it was April -- it was in April of 2015. This case, I don't have a 10 document in front of me to verify the actual date 11 that the account was placed to the law firm. 12 Q. 13 Okay. Then let's look at the other case for a minute because I'm just a little confused. 14 Give me a minute. 15 So the complaint in the case brought by 16 National Collegiate Student Loan Trust 2006-3 17 says that as of June 26, 2015, the defendants owe 18 $18,639.96, which is the amount that appears in 19 the Holiday affidavit. 20 A. Yes, ma'am. As well as the Cummins affidavit. 21 Q. Right. 22 A. That was the amount that was due on the account, And your explanation for that is that -- 23 the principal and interest, as of the time that 24 it was placed to the law firm, the law firm 25 being Ratchford Law Group, which was in April THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 163 of 207 2051 1 2 PageID #: 163 of 2015. Q. And why is that again? 3 MR. SHARTLE: 4 Object to the form. Why is what? 5 BY MS. DILL: 6 Q. Why is it that you would stop accruing interest 7 on the date that the case gets referred to a law 8 firm? 9 MR. SHARTLE: 10 11 Objection, asked and answered. A. It was a business decision just to seek an amount 12 certain instead of continuing to accrue interest 13 through -- 14 Q. Is it -- sorry. 15 Go ahead. Isn't the reason that you wanted an amount 16 certain is because you were hoping to get a 17 default judgment? 18 MR. SHARTLE: Objection, argumentative. 19 A. Absolutely not. 20 Q. No? 21 A. No, ma'am. 22 Q. What would be the reason why the National 23 Collegiate Student Loan Trust would just forego 24 accruing interest from the time that -- 25 MR. SHARTLE: Objection. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 164 of 207 2052 1 BY MS. DILL: 2 Q. 3 PageID #: 164 -- the case is transferred to the law firm? MR. SHARTLE: Objection, asked and 4 answered. 5 badgering the witness, he's already answered 6 this question multiple times. 7 was a business decision. 8 A. 9 10 If you're going to continue He told you it It was just a business decision, an internal decision made. Q. 11 And I don't recall if you said -- were you part of that decision? 12 MR. SHARTLE: 13 Objection, asked and answered. 14 A. I was part of the conversations. 15 Q. So if you're successful in this case, is it your 16 testimony that the plaintiffs -- or, excuse me, 17 the defendants in this case will owe $18,639.96? 18 A. 19 20 If successful, that's what the prayer would ask for for the judgment. Q. Your testimony today is that interest stopped 21 accruing when the file was transferred to the law 22 firm? 23 A. That was not my testimony. I said we stopped 24 seeking the recovery of that interest. 25 interest continues to accrue. THE REPORTING GROUP Mason & Lockhart The We're just not Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 165 of 207 2053 1 2 Q. Is that true in all of the collection cases that you are involved with for Transworld Systems? A. 5 6 When they get forwarded to a law firm, yes, ma'am. Q. 7 Has Transworld Systems been sued for robo-signing? 8 MR. SHARTLE: 9 Objection, outside the scope of the notice. 10 Objection to use of the term robo-signing. 11 A. I'm uncertain. 12 Q. Do you know what robo-signing is? 13 A. Generally speaking. 14 Q. How would you describe robo-signing? 15 A. Signing documents without proper validation or 16 17 165 seeking it. 3 4 PageID #: verification of materials contained therein. Q. Do you believe that -- at the time that the 18 document that's been marked Exhibit 4 signed by 19 Alicia Holiday was signed without her confirming 20 the information contained therein? 21 A. That is not my belief. 22 Q. Now, is Transworld Systems -- did it file a proof 23 24 25 of claim in the TERI bankruptcy case? A. Trans -MR. SHARTLE: Objection, outside the THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 166 of 207 2054 1 PageID #: scope of the notice. 2 A. I'm uncertain. 3 Q. Who was responsible for documenting when Sarah 4 Coffey, identified as Sarah Thurlow in the 5 complaint, made a payment? 6 MR. SHARTLE: 7 8 166 Objection for lack of time frame. A. 9 Yes. The responsible party would defend who the payment was made to. 10 Q. The servicer; is that fair? 11 A. So if you're talking about the payments that were 12 actually made, those were made to AES; and AES 13 would be responsible for logging those payments 14 in. 15 (Discussion off the record.) 16 BY MS. DILL: 17 Q. Let's take a break; and let me just get my 18 documents in order and go through my notes and 19 see what questions I have remaining, if that's 20 okay. 21 (Discussion off the record.) 22 (A short recess was taken.) 23 BY MS. DILL: 24 Q. 25 I just need to -- there's four areas that I need to, hopefully briefly, explore with you. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 167 of 207 2055 1 PageID #: 167 Starting with the Consumer Finance Protection 2 Bureau, are you aware of any investigation or 3 proceedings that the Consumer Financial 4 Protection Bureau is undergoing with respect to 5 Transworld Systems? 6 MR. SHARTLE: Objection, outside the 7 scope of the notice. 8 way, way outside the scope. 9 And I think this is BY MS. DILL: 10 Q. You may answer the question. 11 A. I -- 12 MR. SHARTLE: I'm going to instruct the 13 witness not to -- in fact, I think that to 14 the extent there were such an investigation, 15 any discussions regarding the investigation 16 are privileged and confidential. 17 A. 18 I can't comment on it. MR. SHARTLE: 19 BY MS. DILL: 20 Q. Yes. Have you been asked to produce documents for 21 purposes of any investigation by the Consumer 22 Finance Protection Bureau? 23 24 25 MR. SHARTLE: Objection, assumes evidence not in the record. And, again, I think any testimony to the THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 168 of 207 2056 PageID #: 1 extent there were such an investigation would 2 be privileged -- 3 MS. DILL: 4 MR. SHARTLE: 5 A. 6 Well --- and confidential. I'm not going to answer that question. MR. SHARTLE: 7 168 Outside of the scope of the notice, too. 8 BY MS. DILL: 9 Q. 10 Has Transworld Systems received a NORA from the Consumer Financial Protection Bureau? 11 MR. SHARTLE: Same objections. 12 A. I can't answer that. 13 Q. Have you given sworn testimony to the Consumer 14 Financial Protection Bureau in connection with 15 your job at Transworld Systems? 16 MR. SHARTLE: Same objection. 17 A. I can't answer that. 18 Q. That's actually a perfectly appropriate question. 19 MR. SHARTLE: 20 scope of your notice? 21 Okay. 22 MS. DILL: It is? It's within the Let's take it up with the judge. If the basis of your 23 objection is that it's not within the scope 24 of the notice, then I -- 25 MR. SHARTLE: It's multiple objections. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 169 of 207 2057 1 MS. DILL: Okay. PageID #: 169 But one of them is 2 instructing the witness not to answer. 3 to the extent that you're claiming a 4 privilege, I think it's pretty obvious that 5 there is no attorney-client privilege between 6 this witness and the Consumer Financial 7 Protection Bureau. 8 MR. SHARTLE: 9 judge. 10 Would you agree with me? We'll take it up with the It's outside the scope of your notice. 11 I have let you go way, way outside most 12 of the day. 13 BY MS. DILL: 14 Q. Now, you're just fishing. Are you going to not answer any questions about 15 the Consumer Financial Protection Bureau 16 investigation? 17 And MR. SHARTLE: We're not acknowledging 18 that such an investigation exists. 19 the extent it would, any communications, any 20 discussions relating to an investigation 21 would be privileged. 22 23 24 25 MS. DILL: But to So we can agree we'll keep the deposition open then pending -MR. SHARTLE: anything. We're not agreeing to We're agreeing that you're outside THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 170 of 207 2058 1 PageID #: the scope of the notice, yeah. 2 MS. DILL: We'll keep the deposition 3 open pending a determination by the judge of 4 whether or not you have to answer the 5 questions. 6 on to the next topic, which is credit 7 reporting. 8 BY MS. DILL: 9 Q. 10 11 170 But in the meantime, let me move Who reports credit information on behalf of the trusts to the credit reporting agencies? A. Well, currently for these two loans no one is. 12 There's no active trade lines being reported to 13 any of the credit reporting agencies. 14 Q. What did you call them, active what? 15 A. Trade lines. 16 Q. Tread or trade? 17 A. Trade. 18 Q. What is an active trade line? 19 A. A trade line is the information that's reported 20 to the credit reporting agencies. 21 that it's still being reported. 22 Q. Active means Would you agree with me that there were active 23 trade lines at some point with respect to these 24 two loans and my clients? 25 A. Yes, ma'am. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 171 of 207 2059 1 Q. 2 3 PageID #: 171 And who made the reports to the credit reporting agencies at the time that they were made? A. Well, going back to the loan origination, they 4 would have been reported by AES all the way 5 through the time that it defaulted, at which 6 point the post-default servicer would be 7 responsible for either reporting or facilitating 8 the reporting of that. 9 As it relates to First Marblehead Education 10 Resources for the short time period that they 11 serviced the loan, I'm uncertain that they 12 reported or anyone on their behalf reported. 13 soon as it came over to NCO, the accounts were 14 then transferred to various collection agencies. 15 I don't recall which ones. 16 would be responsible for reporting the loan while 17 they had the account in their system. 18 As But those agencies Once the account was recalled, their practice 19 is to delete that trade line. 20 goes -- 21 Q. Whose practice? 22 A. The agencies. And then it It's actually a contractual 23 obligation of the agencies to report while they 24 have it. 25 delete that trade line. Once the account is recalled, then they THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 172 of 207 2060 1 Q. PageID #: 172 So if in this case an adverse account was 2 identified in September of 2016, who would have 3 reported that to the credit reporting agencies? 4 A. Can you clarify what you mean by adverse account? 5 Q. Adverse account is a term of art used by 6 TransUnion to describe accounts of consumers that 7 are purported to be in default. 8 a report to TransUnion that the two loans that 9 you have alleged are owned by National Collegiate And if there was 10 Student Loan Trust 2006-1 and 2007 -- the other 11 one. 12 A. 2006-3 and 2007-1. 13 Q. Thank you. 14 A. You're welcome. 15 Q. If there was a report that those two loans were 16 in default in September of 2016, who would have 17 made that report? 18 A. 19 20 I can speculate. I'm not sure I follow exactly what you're asking. Q. If Sarah Thurlow -- Coffey -- Sarah Thurlow, also 21 known as Sarah Coffey, opened her credit report 22 in September of 2016 and saw two National 23 Collegiate Student Loan Trusts were identified to 24 be in default and identified as an adverse 25 account, what I'm asking you is do you know who THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 173 of 207 2061 PageID #: 1 would have transferred that information to the 2 credit reporting agency at that time? 3 A. 4 5 I believe those trade lines would have been reported by AES. Q. And what is the -- well, strike that. 6 Does Transworld Systems have a contract with 7 8 173 credit reporting agencies? A. 9 I'm not sure if there's a contract between the two. 10 Q. Does Transworld Systems do any credit reporting? 11 A. Yes, ma'am. 12 Q. What is the policy around reporting to a credit 13 reporting bureau that loans are in default? 14 (There was an interruption.) 15 A. Can you repeat that, please? 16 Q. Is there a policy that Transworld Systems has 17 with regard to reporting defaulted loans to 18 credit reporting agencies? 19 A. Yes, ma'am. 20 Q. Where is that policy located? 21 A. It's within our company policies. 22 Q. Is it a written policy? 23 A. Yes, ma'am. 24 Q. Do you know -- I'll ask for it in a specific 25 document request; but just as we sit here today, THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 174 of 207 2062 1 2 A. Generally, yes. Specifics, I don't recall. It's been awhile since I looked at that policy. Q. Would you agree with me that it would be a 5 violation of the Fair Credit Reporting Act to 6 report to a credit agency that loans were in 7 default that were not in default? 8 MR. ALLTMONT: 9 10 174 do you know generally what it says? 3 4 PageID #: Objection, calls for a legal conclusion. A. I would agree that it would be a potential 11 violation to report inaccurate information to a 12 credit reporting agency. 13 Q. The -- I want to talk just briefly about the 14 relationship between U.S. Bank -- and 15 specifically, again, I would like to draw your 16 attention to Deposition Exhibit 5. 17 described earlier that U.S. Bank contracts with 18 Transworld Systems on behalf of the trusts. 19 that fair? I believe you 20 A. Yes, ma'am. 21 Q. And on Exhibit 5 there's another organization 22 identified, GSS Data Services, Inc. 23 that? 24 A. Yes, ma'am. 25 Q. Who is that? What is that? THE REPORTING GROUP Mason & Lockhart Is Do you see Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 175 of 207 2063 1 A. PageID #: 175 GSS is Goal Structured Solutions Data Services, 2 Inc. 3 administrator for the various trusts that are 4 identified on Deposition Exhibit 5. 5 Q. 6 7 What is a trust administrator, as far as you know? A. 8 9 And they are the trust administrator or the A trust administrator handles the financials for the trust along with the -- with the bondholders. Q. 10 Is the contract that U.S. Bank has with Transworld Systems a written contract? 11 A. Yes, ma'am. 12 Q. And I think you said earlier that you have looked 13 at it? 14 A. Yes, ma'am. 15 Q. How long is it? 16 A. I don't recall. 17 Q. When is the last time you looked at it? 18 A. I have referenced it within the last three weeks 19 probably. 20 Q. For what purpose? 21 A. I don't recall. 22 Q. You were here in November when U.S. Bank had a 23 hearing on its motion to dismiss in another case 24 involving National Collegiate Student Loan Trust 25 and Sarah Thurlow and Vickie McMullen. THE REPORTING GROUP Mason & Lockhart Do you Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 176 of 207 2064 1 2 PageID #: recall that? A. I believe at the time Sarah Thurlow and Vickie 3 McMullen were not actual plaintiffs, but I do 4 remember attending a hearing. 5 Q. 6 7 And what was -- in what capacity were you attending the hearing at that point? A. 8 9 176 A representative of Transworld Systems, who is also a defendant in that case. Q. The -- just going over what I think you said were 10 the various sources of information regarding 11 these loans, there's the Transworld Systems 12 server that, as I understand your testimony, is 13 essentially the same server that NCO had when it 14 became the servicer of the loans. 15 A. 16 It's multiple servers. Is that fair? The server is just computer equipment. 17 Q. Right. 18 A. There's multiple servers, and the servers that 19 were tasked with maintaining and housing the 20 electronic data and documents pertaining to the 21 National Collegiate Student Loan Trust 22 portfolios, those servers were transferred from 23 NCO to TSI. 24 all data in it, and it just basically changed 25 ownership. So the server remained intact with THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 177 of 207 2065 1 Q. 2 PageID #: 177 And do you know how many servers there actually are? 3 A. No, ma'am. 4 Q. Or were? 5 A. No, ma'am. 6 Q. Who has access to those servers? 7 A. Access to view the data within them? 8 Q. Yes. 9 A. I don't know. 10 Q. You do? 11 A. Yes, ma'am. 12 Q. Ratchford -- Abrahamsen, Ratchford does? 13 A. No, ma'am. It would only be TSI employees that 14 would have access, and only some of those 15 employees, depending on their access level and 16 job duties. 17 Q. Do employees of AES have access to the servers? 18 A. Not to the TSI servers. 19 Q. Okay. So as far as you know, your testimony 20 today is that the only people with access to the 21 NCO/TSI servers are employees of Transworld 22 Systems? 23 A. To my knowledge, yes, ma'am. 24 Q. Okay. 25 Now, another system you mentioned was FACS? THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 178 of 207 2066 1 A. Yes, ma'am. 2 Q. And tell me, again, now that we have been 3 PageID #: 178 through so much, what that is? 4 A. That's a collection system. 5 Q. Managed by whom? 6 A. TSI. 7 Q. Is it still being used? 8 A. Yes, ma'am. 9 Q. Does anyone other than TSI use the FACS 10 collection system? 11 A. Not to my knowledge. 12 Q. Is it a proprietary thing? 13 A. I don't know. 14 Q. Is it software? 15 A. Yes. 16 Q. Is FACS different than CRS? 17 A. Yes, ma'am. 18 Q. Is there information that could be contained in 19 FACS that's also contained in CRS? 20 overlap of these systems? 21 A. Is there Not necessarily overlap; but the systems can 22 communicate through each other -- or to each 23 other through an online portal. 24 collection system where TSI will collect on 25 accounts. So FACS is the Some of those accounts could be THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 179 of 207 2067 1 PageID #: 179 National Collegiate Student Loan Trust accounts. 2 The CRS is the servicing system where the 3 servicing is done out of. 4 management, the account management of where the 5 accounts are placed, when they're recalled. 6 So that's the record So in the event that an NCT account is placed 7 to the TSI collection agency, that account record 8 would go through an online portal from CRS to the 9 online portal. And then FACS would pull the 10 information from the online portal into FACS to 11 create an account in FACS where the account would 12 be collected upon. 13 put into the FACS system on a nightly basis would 14 be sent to the online portal and imported back 15 into CRS. Any information that's then 16 Q. What's the online portal called? 17 A. The one that communicates between CRS and FACS is 18 E -- the letter E, forward, EASE, E A S E, all 19 one word. 20 Q. Who has access to the FACS system? 21 A. Various employees of TSI. 22 Q. Anyone outside of TSI? 23 A. I don't know. 24 Q. What determines whether a loan is going to be 25 collected internally through the FACS system by THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 180 of 207 2068 PageID #: 180 1 TSI or outsourced to, say, Abrahamsen, Ratchford 2 for collection? 3 A. Well, Ratchford Law Group is -- or Abrahamsen, as 4 they were formally known, is a law firm. So 5 they're on a different -- different forward 6 model. 7 through collection agencies at first for two 8 years. 9 then it would go to a law firm. So the accounts would generally go And then if collections are unsuccessful, Collection -- or 10 placement of accounts, whether to our agency 11 network or an attorney network, are dictated by 12 various market shares of agencies or firms that 13 operate within that jurisdiction. 14 So essentially, to answer your question about 15 TSI, it's -- so there's two years of collections, 16 six months apiece, four agencies for the initial 17 when the account charges off before it gets to a 18 law firm. 19 TSI operated in one of those four levels, they 20 would be assigned a market share for that level 21 along with other agencies for that market share 22 comprising 100 percent. 23 So there's four different levels. If So the accounts are, let's say, segment 24 three. TSI -- for sake of discussion, TSI 25 operates in segment 3; and they get 10 percent of THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 181 of 207 2069 PageID #: 181 1 the accounts in segment 3. 2 accounts go from segment 2 to segment 3. 3 those accounts get split up based on the market 4 share. 5 accounts, and the other accounts would be sent 6 out based on the market share to those other 7 agencies. 8 So a group of So TSI would get 10 percent of those Now, currently TSI doesn't operate in any of 9 the segments; so they're not receiving new 10 placements of accounts. 11 Q. Is a segment a geographic location -- 12 A. No, ma'am. 13 Q. -- or an amount? 14 15 And What is a segment? A. A segment for the four segments that we 16 discussed, we call them placement levels. 17 that's basically just time frame of delinquency. 18 So the first -- or default. 19 is from the date of default charge-off and six 20 months. 21 from month 6 through 12, and then 12 through 18, 22 18 through 24. 23 Q. 24 25 So the first segment And then the second segment picks up But is a segment made up of different collection agencies? A. And Yes, ma'am. THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 182 of 207 2070 1 Q. 2 PageID #: 182 And they have, what, pitched to get the work? You know, we -- Daggett & Parker, we're a 3 good collection agency; give us some money? 4 MR. ALLTMONT: Objection to form. 5 BY MS. DILL: 6 Q. How do these people get business? 7 A. So, I mean, these are people that we have 8 contracted with for years. Initially, like if a 9 new agency wanted our business, then, yes, they 10 would have to pitch us. 11 audit of them, our due diligence, and set them up 12 if they were approved. 13 We would have to do an But all these agencies for the most part have 14 operated with us for years, and their market 15 share fluctuates based on various parameters that 16 are reviewed by the performance team. 17 Q. What is the market share of the Ratchford Group? 18 A. I don't know. It would -- it depends on which 19 state because Ratchford Group operates in 20 different states. 21 different market shares depending on the state. 22 Q. 23 24 25 They potentially could get And the market share is dependent on the performance review? A. Performance review, compliance also. general business review. THE REPORTING GROUP Mason & Lockhart Just a Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 183 of 207 2071 1 Q. 2 Okay. 3 A. TSI employees. 4 Q. Just TSI? 5 A. Yes. Some TSI. Who has access to it? Not all TSI employees have access to it. 7 Q. And what about the Media Locator? 8 A. TSI employees. 9 Q. Okay. 10 I think -- I think I'm done unless -- thank you very much. 11 A. Thank you. 12 Q. I hope you have safe travels home. 13 A. Thank you. 14 MS. DILL: 15 MR. ALLTMONT: 16 MS. DILL: 17 18 183 The CRS system, that's a system that we have talked about. 6 PageID #: Thank you. Thank you. Thank you. (The deposition was concluded at 3:56 p.m.) - - - - - - 19 20 21 22 23 24 25 BRADLEY LUKE Subscribed and sworn to before me this day of , 2017. Notary Public Case Name: NCSLT 2006-3 v. Thurlow, et al. Deposition Date: June 16, 2017 THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 184 of 207 2072 1 2 PageID #: 184 CERTIFICATE I, Claudette G. Mason, a Notary 3 Public in and for the State of Maine, hereby 4 certify that the within-named deponent was 5 sworn to testify the truth, the whole truth and 6 nothing but the truth, in the aforementioned 7 cause of action. 8 9 I further certify that this deposition was stenographically reported by me and later 10 reduced to print through Computer-Aided 11 Transcription, and the foregoing is a full 12 and true record of the testimony given by the 13 deponent. 14 I further certify that I am a 15 disinterested person in the event or outcome 16 of the above-named cause of action. 17 18 19 IN WITNESS WHEREOF I subscribe my hand this 27th day of June, 2017. Dated at Falmouth, Maine. 20 21 /s/ Claudette G. Mason Claudette G. Mason, RMR, CRR Notary Public 22 23 24 My Commission Expires June 9, 2019. 25 THE REPORTING GROUP Mason & Lockhart Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 185 of 207 2073 $ $11,645.27 [2] - 162:1, 162:4 $130 [1] - 104:2 $130.84 [2] - 101:22, 104:17 $15,786.39 [10] - 91:7, 91:9, 92:13, 94:7, 95:6, 95:16, 96:16, 136:10, 143:15, 145:20 $18,639.96 [4] - 128:8, 128:14, 162:18, 164:17 $23.02 [1] - 96:12 $73.75 [1] - 104:18 ' '14 [1] - 5:2 / /s [1] - 184:21 0 00121171240000040 [1] - 138:11 0206 [1] - 47:12 04034217 [1] - 81:11 06-07 [1] - 47:8 1 1 [13] - 1:14, 2:8, 4:7, 4:15, 28:7, 29:21, 29:25, 47:9, 62:20, 68:14, 84:8, 101:16, 139:11 1-19 [1] - 3:2 1/9/16 [1] - 2:9 10 [24] - 2:13, 7:22, 41:6, 41:11, 47:10, 50:4, 67:3, 100:20, 100:22, 102:19, 106:9, 106:21, 107:13, 107:16, 107:19, 108:11, 109:16, 128:12, 129:13, 129:14, 131:25, 143:3, 180:25, 181:4 10,000 [1] - 100:2 10/1/14 [2] - 2:17, 2:17 100 [3] - 2:13, 29:6, 180:22 1010C [1] - 96:19 101C [1] - 96:18 1030A [1] - 96:4 10:05 [1] - 1:16 10DC [1] - 47:10 11 [6] - 2:14, 67:4, 111:19, 111:20, 115:8, 128:12 11,000 [1] - 82:17 111 [1] - 2:14 118 [1] - 2:14 12 [14] - 2:14, 88:1, 118:1, 118:20, 120:1, 120:7, 120:12, 122:16, 123:1, 125:4, 125:11, 125:17, 181:21 12/7/06 [1] - 2:18 12:29 [1] - 99:6 13 [2] - 2:15, 155:16 132 [1] - 2:19 14 [1] - 2:16 148 [2] - 2:17, 2:17 15 [9] - 2:16, 8:17, 59:21, 63:2, 63:9, 128:8, 128:22, 129:7, 160:12 15-324 [5] - 31:16, 153:17, 153:21, 153:22, 156:6 15-326 [4] - 31:16, 153:17, 153:25, 156:2 155 [1] - 2:15 158 [1] - 2:18 16 [12] - 1:15, 2:17, 59:6, 59:21, 59:24, 60:9, 148:7, 148:11, 148:17, 149:22, 150:10, 183:25 160 [1] - 2:16 17 [11] - 2:17, 60:24, 119:13, 119:17, 119:18, 125:17, 148:8, 148:10, 148:15, 149:22, 150:10 18 [7] - 2:18, 105:23, 158:5, 158:23, 159:24, 181:21, 181:22 18,639 [1] - 128:7 19 [13] - 2:19, 100:1, 112:6, 113:18, 114:10, 132:2, 135:24, 138:10, 142:12, 143:13, 143:17, 143:25, 155:19 1:30 [1] - 99:7 2 2 [60] - 2:9, 30:9, 38:6, 39:14, 41:15, 41:24, 60:25, 62:8, 62:11, 68:13, 68:16, 68:18, 69:2, 69:6, 69:15, 69:24, 70:11, 72:11, 72:22, 73:5, 73:10, 73:11, 73:19, 73:21, 74:4, 74:6, 74:7, 74:24, 75:25, 76:7, 76:20, 76:22, 76:24, 77:8, 77:24, 78:2, 78:9, 78:13, 81:4, 83:10, 95:5, 95:6, 95:16, 96:14, 114:6, 114:13, 114:16, 118:23, 119:8, 128:5, 133:9, 135:20, 136:10, 142:25, 143:16, 145:20, 158:5, 181:2 2's [1] - 76:25 2.75 [1] - 82:10 20 [8] - 50:4, 50:5, 61:5, 64:6, 84:12, 84:18, 88:19, 98:21 2002 [2] - 63:2, 63:9 2006 [9] - 47:13, 62:7, 63:6, 85:9, 100:1, 112:6, 113:13, 124:13, 126:12 2006-1 [1] - 172:10 2006-3 [16] - 1:5, 1:13, 15:12, 16:10, 16:15, 30:5, 92:7, 109:2, 109:3, 137:7, 137:10, 149:19, 153:23, 162:16, 172:12, 183:25 2007 [1] - 172:10 2007-1 [6] - 149:19, 154:1, 155:17, 156:10, 161:24, 172:12 2008 [8] - 101:21, 104:1, 104:20, 134:8, 134:18, 135:6, 142:2 2009 [2] - 134:19, 135:7 2010 [8] - 4:10, 4:11, 4:20, 6:5, 100:9, 101:16, 102:10, 103:18 2011 [4] - 65:6, 86:3, 114:9, 114:13 2012 [34] - 36:9, 36:14, 37:3, 65:24, 66:4, 66:8, 68:13, 68:14, 75:10, 85:2, 88:2, 90:21, 93:7, 94:6, 95:6, 95:16, 96:14, 114:6, 114:13, 114:17, 133:9, 135:2, 135:20, 136:10, 137:1, 139:9, 139:12, 140:6, 140:12, 140:16, 142:25, 143:16, 145:20 2013 [1] - 8:3 2014 [6] - 4:7, 4:11, 4:15, 4:16, 4:20, 6:5 2015 [14] - 3:19, 3:21, 3:22, 3:25, 129:13, 129:15, 131:25, 147:18, 147:22, 162:2, 162:4, 162:9, 162:17, 163:1 2016 [15] - 84:13, 84:18, 88:19, 88:23, 90:17, 98:21, 113:18, 114:10, 128:8, 128:14, 128:23, 129:7, 172:2, 172:16, 172:22 2017 [6] - 1:14, 1:16, 144:8, 183:21, 183:25, 184:18 2019 [1] - 184:23 207 [1] - 127:2 22 [6] - 64:7, 65:5, 65:12, 86:3, 114:9, 114:12 23 [4] - 100:15, 102:4, 102:10, 128:14 23rd [1] - 100:16 24 [7] - 62:21, 63:1, 85:9, 100:8, 101:21, 104:20, 181:22 24th [1] - 100:17 25 [1] - 62:21 26 [9] - 62:11, 73:4, 73:15, 77:9, 81:3, 162:1, 162:2, 162:4, 162:17 2601A [1] - 96:9 27th [1] - 184:18 28 [1] - 62:7 29 [1] - 2:8 THE REPORTING GROUP Mason & Lockhart PageID #: 185 3 3 [8] - 2:4, 2:9, 43:18, 43:19, 46:19, 180:25, 181:1, 181:2 30 [1] - 2:9 30(b)(6 [2] - 9:3, 38:12 31 [2] - 23:20, 68:13 33 [1] - 79:16 35 [1] - 79:25 36 [2] - 79:25, 80:2 37 [1] - 79:25 39 [8] - 80:18, 80:19, 89:18, 95:2, 95:15, 99:13, 135:19, 143:7 3:56 [1] - 183:17 4 4 [10] - 2:10, 47:24, 67:3, 88:2, 90:21, 103:2, 104:20, 128:5, 128:11, 165:18 43 [3] - 2:9, 80:19, 99:13 47 [3] - 2:10, 100:20, 102:19 48 [1] - 108:5 4A [1] - 82:9 5 5 [15] - 2:11, 52:12, 53:11, 53:12, 82:12, 84:6, 84:8, 118:23, 144:7, 174:16, 174:21, 175:4 5/5/17 [1] - 2:19 50 [4] - 7:24, 8:13, 12:10, 85:6 5003A [2] - 96:6, 96:11 511 [1] - 1:15 52 [2] - 2:11, 2:11 54 [5] - 119:4, 119:6, 119:12, 119:18, 125:18 6 6 [20] - 2:11, 44:15, 52:15, 53:6, 53:24, 57:23, 58:19, 58:25, 60:23, 61:5, 118:22, 120:1, 120:4, 120:14, 122:25, 125:4, 125:8, 125:17, 127:18, 181:21 6.19 [1] - 113:4 Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 186 of 207 2074 6/2/16 [1] - 2:10 61 [1] - 2:12 65 [3] - 157:15, 159:11 7 7 [11] - 2:12, 61:12, 61:13, 61:17, 61:22, 61:23, 62:10, 62:15, 64:1, 65:12, 79:8 70 [1] - 12:10 7001A [2] - 97:10, 104:13 704-9406 [1] - 127:9 76 [1] - 142:16 77 [1] - 142:16 8 8 [26] - 2:12, 59:5, 59:23, 60:7, 64:2, 80:14, 83:19, 83:23, 86:20, 89:17, 97:20, 98:12, 99:9, 101:18, 108:25, 114:16, 135:17, 135:18, 136:11, 138:24, 139:18, 140:5, 143:7, 143:14, 143:18, 144:2 8/22/11 [1] - 67:5 8/22/2011 [1] - 64:9 80 [1] - 2:12 800 [1] - 127:9 893-1756 [1] - 127:2 9 9 [8] - 2:13, 86:8, 98:2, 98:9, 101:17, 102:21, 105:24, 184:23 9.5 [1] - 81:25 98 [1] - 2:13 A a.m [1] - 1:16 A/Credit [1] - 2:16 a/k/a [1] - 1:8 A/Note [1] - 2:9 A/U.S [1] - 2:11 AB [1] - 47:7 AB.06-07 [1] - 59:1 AB.06-07.CSX1 [1] 47:3 abbreviation [1] - 96:1 abbreviations [1] 97:13 ability [11] - 27:16, 35:6, 35:19, 35:20, 40:25, 53:3, 87:7, 89:15, 91:18, 92:4, 154:18 able [7] - 15:20, 57:16, 92:9, 107:11, 111:12, 117:24, 154:19 above-named [1] 184:16 Abrahamsen [3] 177:12, 180:1, 180:3 absolutely [1] 163:19 accelerated [3] 92:22, 93:4 accelerating [1] 95:24 acceleration [1] 140:20 accept [1] - 127:13 access [31] - 13:6, 13:11, 14:19, 22:19, 22:23, 23:1, 49:21, 49:25, 50:3, 52:3, 52:5, 54:21, 86:17, 111:6, 137:18, 137:21, 142:17, 142:18, 146:20, 160:2, 161:16, 161:18, 177:6, 177:7, 177:14, 177:15, 177:17, 177:20, 179:20, 183:2, 183:6 accessed [2] - 43:23, 146:9 according [3] - 83:10, 124:17, 150:21 account [74] - 10:2, 12:20, 12:24, 13:14, 13:17, 13:19, 14:8, 14:9, 14:10, 14:13, 15:23, 24:15, 24:24, 28:6, 28:11, 30:10, 30:13, 31:23, 32:2, 32:16, 34:19, 34:20, 35:13, 35:15, 36:18, 36:20, 38:17, 39:5, 42:9, 42:22, 43:16, 44:11, 44:12, 47:25, 49:6, 50:13, 50:24, 54:8, 55:9, 86:25, 89:3, 95:18, 102:8, 108:23, 110:19, 111:22, 115:24, 123:14, 134:11, 135:6, 136:19, 136:20, 136:22, 145:21, 146:14, 147:17, 149:2, 155:19, 156:3, 162:11, 162:22, 171:17, 171:18, 171:24, 172:1, 172:4, 172:5, 172:25, 179:4, 179:6, 179:7, 179:11, 180:17 accounting [6] 20:10, 20:25, 21:2, 21:4, 22:14, 80:22 accounts [24] - 14:7, 29:1, 31:23, 41:4, 41:18, 57:2, 134:18, 134:21, 142:6, 171:13, 172:6, 178:25, 179:1, 179:5, 180:6, 180:10, 180:23, 181:1, 181:2, 181:3, 181:5, 181:10 accrual [4] - 25:13, 49:7, 104:9, 130:24 accrue [5] - 104:10, 104:16, 129:16, 163:12, 164:25 accrued [6] - 24:25, 76:14, 104:19, 128:6, 128:13, 131:18 accrues [2] - 128:19, 129:5 accruing [7] - 128:24, 129:1, 129:14, 162:7, 163:6, 163:24, 164:21 accuracy [3] - 27:24, 44:10, 53:1 accurate [15] - 25:23, 28:9, 53:2, 53:3, 53:6, 110:15, 117:18, 118:7, 120:6, 122:8, 122:16, 133:6, 143:20, 150:20, 150:23 accurately [1] - 42:22 acknowledging [1] 169:17 acronyms [1] - 13:24 Act [1] - 174:5 action [3] - 42:1, 184:7, 184:16 Action [1] - 1:1 active [5] - 170:12, 170:14, 170:18, 170:20, 170:22 activity [9] - 80:21, 84:1, 84:2, 114:15, 132:25, 138:16, 138:23, 142:22, 149:23 Activity [2] - 2:12, 2:19 actual [21] - 11:12, 11:15, 30:24, 32:13, 33:5, 33:6, 34:2, 34:20, 34:21, 35:8, 36:12, 42:23, 44:14, 49:8, 73:5, 82:21, 89:3, 124:4, 125:7, 162:10, 176:3 added [2] - 71:15, 109:21 additional [8] - 19:15, 46:2, 78:25, 104:24, 105:7, 121:5, 121:16, 147:1 additionally [1] 147:5 address [2] - 35:11, 35:12 adjustment [3] 95:17, 95:20, 95:21 adjustments [3] 25:14, 42:22, 51:4 administrator [4] 175:2, 175:3, 175:5, 175:7 advanced [1] - 82:22 adverse [5] - 155:22, 172:1, 172:4, 172:5, 172:24 AES [146] - 22:3, 22:7, 22:10, 22:14, 22:17, 22:19, 22:24, 23:8, 23:10, 23:12, 23:15, 23:21, 24:2, 24:4, 24:11, 25:1, 25:5, 25:9, 25:10, 25:17, 25:20, 25:21, 26:1, 26:6, 26:10, 26:13, 26:23, 27:1, 27:2, 27:3, 27:5, 27:10, 27:17, 27:21, 27:24, 28:12, 32:4, 32:5, 32:9, 33:2, 33:3, 34:18, 35:19, 35:21, 36:14, 42:8, 44:13, 45:10, 45:22, 45:24, 46:4, 46:7, 50:1, 50:3, 52:3, 52:7, 55:1, 55:11, 55:12, 55:16, 56:9, 56:22, 56:24, 57:9, 57:15, THE REPORTING GROUP Mason & Lockhart PageID #: 186 60:13, 60:17, 80:21, 83:23, 84:22, 84:25, 85:9, 87:10, 88:2, 88:13, 89:5, 89:22, 90:22, 90:24, 91:1, 91:11, 91:13, 91:16, 91:17, 91:21, 92:3, 92:19, 93:20, 93:21, 94:14, 94:15, 94:18, 94:25, 95:18, 96:2, 98:11, 98:19, 106:1, 108:21, 108:23, 109:25, 110:14, 110:21, 110:24, 111:12, 111:23, 112:25, 135:23, 137:18, 137:23, 138:2, 138:4, 138:13, 138:17, 138:20, 138:25, 139:3, 139:6, 139:8, 140:2, 140:3, 140:15, 140:23, 142:25, 143:16, 144:14, 144:16, 144:18, 145:1, 145:8, 145:19, 146:4, 146:9, 147:2, 152:8, 152:9, 152:11, 152:23, 156:19, 160:3, 166:12, 171:4, 173:4, 177:17 AES's [12] - 60:16, 83:25, 84:17, 84:19, 85:15, 86:5, 87:2, 87:4, 98:13, 98:23, 106:3, 114:14 AES/PA [1] - 89:5 affects [3] - 97:6, 97:7, 113:24 affiant [2] - 44:3, 158:18 affiants [1] - 40:21 Affidavit [3] - 2:9, 2:10, 2:16 affidavit [81] - 30:10, 30:13, 31:11, 38:11, 38:17, 39:4, 39:8, 40:23, 42:13, 43:15, 44:8, 44:15, 44:21, 44:23, 44:24, 45:1, 45:7, 45:8, 45:12, 45:13, 45:15, 45:19, 46:14, 46:21, 47:24, 48:4, 50:13, 50:14, 52:10, 52:16, 52:21, 52:22, 52:24, 52:25, 53:2, 53:4, 54:6, Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 187 of 207 2075 54:13, 54:15, 61:18, 67:2, 72:23, 72:25, 74:10, 77:2, 79:5, 79:7, 80:15, 86:22, 90:15, 106:10, 109:19, 118:22, 120:16, 120:18, 120:21, 120:23, 121:3, 121:7, 121:8, 121:21, 122:2, 122:12, 123:7, 124:25, 125:2, 125:9, 128:4, 128:10, 155:11, 156:3, 156:23, 158:20, 158:21, 158:24, 159:1, 159:10, 160:11, 162:19, 162:20 affidavits [7] - 41:4, 41:12, 44:2, 45:16, 48:12, 48:14, 121:23 aforementioned [1] 184:6 agencies [24] 147:25, 151:6, 151:16, 151:17, 151:19, 155:23, 170:10, 170:13, 170:20, 171:2, 171:14, 171:15, 171:22, 171:23, 172:3, 173:7, 173:18, 180:7, 180:12, 180:16, 180:21, 181:7, 181:24, 182:13 Agency [1] - 21:14 agency [11] - 23:22, 50:17, 86:11, 117:21, 173:2, 174:6, 174:12, 179:7, 180:10, 182:3, 182:9 agents [1] - 155:22 ago [2] - 8:17, 106:11 agree [20] - 106:18, 117:6, 117:15, 117:19, 118:8, 118:9, 122:22, 127:13, 132:8, 133:2, 135:22, 136:25, 143:14, 150:14, 156:2, 169:7, 169:22, 170:22, 174:4, 174:10 agreed [2] - 127:23, 158:10 agreeing [2] - 169:24, 169:25 agreement [27] 43:17, 43:21, 43:25, 46:22, 52:17, 54:1, 58:1, 62:22, 63:2, 63:9, 63:15, 68:5, 79:10, 79:24, 104:25, 113:7, 118:5, 118:10, 119:24, 124:5, 157:2, 158:4, 158:20, 159:10, 159:16, 159:19, 160:13 Agreement [5] - 2:10, 2:11, 2:14, 2:16, 2:18 agreements [4] - 62:3, 62:16, 62:19, 126:16 ahead [3] - 98:5, 105:24, 163:14 ahold [1] - 41:2 Aided [1] - 184:10 AL [1] - 1:8 al [1] - 183:25 Alicia [15] - 47:25, 48:7, 48:16, 48:21, 50:22, 53:25, 61:18, 64:24, 67:2, 72:24, 77:1, 118:21, 125:8, 127:25, 165:19 allegations [1] - 12:21 alleged [2] - 55:20, 172:9 allegedly [6] - 20:22, 44:15, 63:5, 67:11, 149:9, 152:2 allocated [1] - 86:14 allotted [1] - 110:11 allowed [6] - 61:2, 119:10, 119:15, 134:9, 134:12, 134:23 ALLTMONT [4] - 1:21, 174:8, 182:4, 183:15 almost [1] - 7:6 ALPLM [1] - 89:19 alter [3] - 35:20, 89:15, 91:18 altered [3] - 69:13, 77:14, 77:16 Alternative [5] - 79:19, 79:21, 80:4, 80:7, 89:20 alternative [1] - 89:22 amended [1] - 30:1 Amended [2] - 2:8, 2:15 amendments [1] 43:13 American [7] - 21:10, 89:6, 89:8, 89:10, 133:1, 133:5 amount [39] - 82:21, 86:15, 86:16, 96:12, 96:16, 100:1, 100:2, 101:22, 102:24, 102:25, 103:22, 104:4, 105:4, 110:11, 114:21, 129:3, 129:19, 129:21, 129:22, 130:7, 131:15, 131:17, 131:19, 131:22, 135:22, 135:23, 136:2, 136:16, 149:12, 150:6, 152:17, 162:1, 162:3, 162:18, 162:22, 163:11, 163:15, 181:13 amounts [7] - 20:21, 44:16, 76:20, 103:5, 130:18, 156:5, 156:7 ancillary [3] - 14:10, 14:16, 15:13 answer [16] - 51:10, 92:2, 98:25, 105:12, 116:22, 132:17, 145:14, 152:21, 167:10, 168:5, 168:12, 168:17, 169:2, 169:14, 170:4, 180:14 answered [10] - 37:10, 37:23, 87:24, 94:3, 126:18, 137:5, 163:10, 164:4, 164:5, 164:13 anytime [1] - 88:6 apart [1] - 161:10 apiece [1] - 180:16 apologize [6] - 37:25, 59:11, 59:16, 72:17, 80:23, 130:22 appear [10] - 79:25, 81:16, 81:18, 83:13, 87:18, 95:14, 115:6, 138:14, 155:17, 156:8 APPEARANCES [1] 1:20 appeared [3] - 38:7, 60:6, 106:15 append [1] - 43:24 appended [3] - 61:7, 124:3, 156:22 applicable [5] - 58:6, 113:17, 113:23, 123:14, 123:17 application [4] 105:6, 105:21, 124:4, 142:17 applications [1] 56:16 applied [11] - 65:3, 86:16, 97:5, 99:22, 101:21, 104:6, 104:22, 105:20, 152:6, 152:7, 152:18 applies [2] - 15:22, 104:23 apply [4] - 49:11, 100:24, 123:10, 152:9 applying [2] - 20:9, 20:20 appropriate [2] 36:18, 168:18 approved [1] - 182:12 April [38] - 36:9, 36:10, 36:14, 37:14, 68:13, 88:1, 88:2, 93:7, 94:6, 95:6, 95:16, 96:14, 101:21, 104:1, 104:20, 114:6, 114:13, 114:16, 129:13, 129:14, 131:25, 133:9, 134:8, 135:20, 136:10, 137:1, 139:9, 140:6, 140:12, 140:16, 142:25, 143:16, 145:20, 147:18, 147:22, 162:8, 162:9, 162:25 area [1] - 41:2 areas [1] - 166:24 argue [2] - 37:25, 93:24 arguing [2] - 37:22, 87:24 argument [1] - 38:1 argumentative [8] 28:24, 37:6, 129:23, 130:9, 130:12, 130:20, 131:20, 163:18 arrested [1] - 20:3 art [1] - 172:5 aside [1] - 148:17 THE REPORTING GROUP Mason & Lockhart PageID #: 187 assigned [1] - 180:20 assigns [1] - 62:5 assist [5] - 9:25, 12:18, 13:7, 29:2, 31:10 Assistance [1] - 21:13 assisted [2] - 51:23, 126:21 assisting [1] - 29:4 associated [3] 108:17, 109:7, 123:17 Association [2] 16:13, 125:13 assume [2] - 60:8, 117:13 assumed [1] - 116:2 assumes [2] - 146:2, 167:23 assuming [2] - 37:20, 109:7 assumption [2] - 90:7, 126:1 attach [2] - 159:18, 159:23 attached [40] - 43:15, 44:4, 44:10, 46:20, 52:10, 52:22, 53:2, 57:22, 61:18, 72:23, 72:24, 73:6, 79:5, 79:7, 80:15, 86:21, 104:24, 106:10, 118:4, 118:6, 118:11, 118:21, 120:3, 120:6, 120:14, 122:11, 124:15, 124:23, 124:24, 125:1, 126:2, 142:15, 155:11, 157:12, 158:3, 158:19, 158:23, 158:25, 159:9, 160:11 attaches [2] - 120:21, 159:12 attaching [3] - 74:10, 121:4, 159:15 attachment [2] 159:4, 159:5 attachments [2] 122:3, 122:23 attempt [4] - 23:22, 24:3, 147:19, 149:13 attempted [1] - 160:21 attending [2] - 176:4, 176:6 attention [3] - 111:19, 148:7, 174:16 Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 188 of 207 2076 attorney [6] - 17:4, 17:16, 50:17, 50:19, 169:5, 180:11 attorney-client [2] 17:16, 169:5 attorneys [2] - 118:14, 148:20 audit [1] - 182:11 August [6] - 65:5, 86:3, 114:8, 114:9, 114:12, 135:19 authenticity [1] - 76:4 authored [1] - 39:19 authorization [1] 52:12 Authorization [1] 2:11 authorized [3] - 29:9, 42:1, 56:21 automatic [1] - 110:5 automatically [4] 66:25, 94:10, 110:3, 110:8 available [2] - 146:19, 147:7 aware [13] - 11:11, 17:13, 29:13, 34:8, 88:24, 145:5, 145:7, 145:19, 145:23, 146:4, 149:22, 149:25, 167:2 awhile [1] - 174:3 Axiant [2] - 6:23, 7:3 B B/Loan [1] - 2:11 backdate [1] - 88:8 background [1] - 68:3 bad [3] - 38:25, 94:21, 144:24 badgering [1] - 164:5 balance [25] - 28:7, 45:4, 49:6, 76:11, 90:20, 90:22, 90:24, 91:3, 91:6, 91:9, 91:10, 91:12, 91:20, 92:5, 92:7, 92:12, 92:22, 95:18, 97:5, 97:7, 99:16, 128:22, 131:18, 131:23 balances [1] - 76:13 bank [6] - 55:14, 56:10, 56:12, 56:19, 56:20, 125:7 Bank [20] - 2:11, 16:12, 19:7, 43:9, 49:1, 52:13, 56:7, 62:1, 62:4, 74:7, 78:4, 78:5, 83:8, 154:2, 157:17, 157:25, 174:14, 174:17, 175:9, 175:22 bank's [2] - 55:15, 56:20 bankruptcy [6] - 20:5, 134:8, 141:16, 141:18, 142:2, 165:23 banks [2] - 56:14, 120:9 base [2] - 134:5, 134:7 Base [1] - 34:25 based [27] - 37:16, 44:11, 45:14, 51:6, 51:14, 83:13, 88:5, 95:14, 103:16, 103:20, 105:25, 112:25, 113:22, 126:2, 126:15, 127:18, 129:19, 130:7, 134:15, 138:13, 138:24, 140:4, 141:12, 152:7, 181:3, 181:6, 182:15 basis [7] - 5:20, 17:9, 41:8, 42:23, 102:4, 168:22, 179:13 batch [4] - 40:23, 41:5, 41:6, 86:12 batches [4] - 40:23, 41:7, 41:9, 41:11 Bates [37] - 59:5, 59:6, 59:13, 59:15, 59:18, 60:7, 60:23, 62:11, 62:21, 63:1, 64:6, 65:12, 67:4, 73:4, 77:8, 79:15, 79:25, 80:2, 80:17, 80:19, 81:3, 89:18, 95:2, 95:14, 99:13, 100:20, 102:19, 105:23, 119:4, 119:19, 125:17, 125:18, 128:5, 128:11, 142:16, 157:15, 159:11 bear [2] - 56:5, 159:7 bearing [1] - 100:25 became [5] - 6:10, 50:25, 70:23, 78:21, 176:14 become [2] - 6:11, 121:19 becoming [1] - 140:8 began [2] - 101:20, 147:19 begin [2] - 100:3, 147:15 beginning [6] - 47:3, 85:1, 99:13, 116:25, 134:19, 135:6 behalf [13] - 16:13, 19:7, 23:1, 29:10, 49:1, 49:3, 55:15, 56:13, 56:20, 127:6, 170:9, 171:12, 174:18 belief [5] - 51:6, 133:5, 135:3, 142:1, 165:21 belong [1] - 120:7 belongs [1] - 109:15 below [1] - 58:11 better [1] - 59:19 between [21] - 4:19, 17:1, 17:13, 23:10, 23:14, 43:7, 43:9, 50:4, 62:1, 63:3, 86:14, 93:17, 104:20, 112:10, 114:8, 130:18, 143:21, 169:5, 173:8, 174:14, 179:17 Beverly [1] - 72:2 beyond [1] - 103:13 big [4] - 12:8, 74:18, 80:25, 81:7 bit [4] - 23:7, 37:4, 103:9, 103:12 black [2] - 69:12, 69:13 blocks [1] - 77:19 bond [1] - 109:1 bondholders [1] 175:8 borrower [7] - 58:13, 58:14, 96:20, 96:21, 115:1, 117:12, 117:17 borrowers [4] - 20:17, 20:21, 119:25, 150:11 boss [2] - 31:4, 31:6 bottom [15] - 47:1, 47:3, 58:18, 58:25, 61:8, 64:1, 64:3, 64:4, 65:12, 66:21, 81:16, 83:1, 119:18, 138:6, 142:13 bought [1] - 147:2 box [5] - 69:12, 69:13, 81:10, 81:25, 82:9 boxes [1] - 82:3 Bradley [1] - 3:10 BRADLEY [4] - 1:13, 2:2, 3:3, 183:20 breach [2] - 129:25, 130:3 break [9] - 20:13, 53:18, 53:20, 72:17, 72:18, 99:4, 106:4, 142:7, 166:17 briefly [4] - 99:9, 106:11, 166:25, 174:13 bring [2] - 16:16, 23:24 broadly [1] - 105:2 broken [1] - 73:25 brought [5] - 10:7, 14:3, 38:20, 39:6, 162:15 BRYAN [1] - 1:21 bucket [1] - 104:6 bullet [3] - 63:1, 79:15, 80:2 Bureau [7] - 167:2, 167:4, 167:22, 168:10, 168:14, 169:7, 169:15 bureau [1] - 173:13 business [30] - 6:16, 6:17, 7:1, 21:12, 37:17, 42:2, 54:5, 56:17, 71:5, 71:6, 71:8, 71:9, 71:10, 71:15, 71:16, 78:24, 125:11, 125:12, 125:13, 126:7, 130:25, 131:1, 136:6, 154:7, 163:11, 164:7, 164:8, 182:6, 182:9, 182:25 Butte [1] - 7:13 button [3] - 123:9, 123:11, 123:15 buttons [1] - 152:16 buy [1] - 70:18 BY [56] - 3:6, 9:21, 16:5, 20:12, 26:17, 28:20, 29:19, 29:23, 33:24, 37:7, 37:11, 37:24, 39:3, 51:12, 53:23, 59:8, 60:5, 64:8, 65:10, 66:13, 72:21, 76:18, 77:6, 77:12, 86:1, 92:1, 94:4, 98:7, 99:8, 108:1, 111:8, THE REPORTING GROUP Mason & Lockhart PageID #: 188 115:11, 118:18, 119:7, 122:13, 125:23, 130:16, 131:11, 132:24, 133:16, 139:17, 142:11, 143:12, 145:13, 158:2, 159:8, 163:5, 164:1, 166:16, 166:23, 167:9, 167:19, 168:8, 169:13, 170:8, 182:5 C C/Chain [1] - 2:12 calculate [1] - 130:24 calculated [2] - 105:9, 113:21 calculates [1] - 110:9 calculation [1] 113:22 California [2] - 8:19, 72:2 capacities [2] - 10:11, 51:13 capacity [9] - 3:20, 8:4, 8:20, 8:25, 19:13, 110:12, 116:7, 136:5, 176:5 capitalization [2] 95:25, 104:13 capitalizations [1] 97:11 capitalized [1] - 92:24 capitalizes [1] 104:14 captioned [1] - 137:17 card [1] - 57:16 carries [1] - 95:23 Case [1] - 183:25 case [80] - 8:24, 9:15, 16:6, 16:9, 16:22, 16:24, 21:6, 24:20, 30:11, 30:21, 31:1, 31:13, 31:14, 32:11, 33:13, 36:25, 37:18, 40:18, 40:21, 41:8, 48:8, 48:11, 50:6, 55:18, 56:8, 56:19, 57:5, 57:10, 57:19, 62:24, 65:3, 67:10, 69:6, 77:1, 78:4, 79:14, 80:1, 81:23, 88:24, 92:6, 92:13, 92:16, 92:20, 93:11, 93:19, 94:5, 99:24, 108:18, 112:17, 115:14, 119:25, Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 189 of 207 2077 121:22, 122:5, 123:20, 129:5, 129:12, 129:25, 133:18, 133:24, 137:11, 151:25, 153:20, 155:15, 156:4, 156:6, 158:18, 159:22, 160:19, 162:8, 162:9, 162:12, 162:15, 163:7, 164:2, 164:15, 164:17, 165:23, 172:1, 175:23, 176:8 cases [16] - 10:12, 16:24, 24:2, 29:4, 31:19, 33:14, 38:20, 39:5, 116:13, 116:19, 116:24, 130:11, 133:11, 153:16, 154:21, 165:2 catalog [1] - 57:17 category [1] - 13:16 caused [1] - 51:8 CCA [2] - 150:24, 151:2 cent [1] - 28:7 center [2] - 81:17, 138:6 centralized [1] - 13:11 certain [11] - 6:17, 15:6, 22:25, 72:7, 98:17, 98:19, 108:23, 129:3, 149:12, 163:12, 163:16 certainty [1] - 89:2 CERTIFICATE [1] 184:1 certify [3] - 184:4, 184:8, 184:14 cetera [1] - 24:25 chain [3] - 61:14, 61:19, 155:13 chance [1] - 98:8 change [6] - 5:9, 35:6, 35:20, 78:23, 87:8, 89:15 changed [2] - 79:2, 176:24 changes [1] - 27:16 charge [31] - 42:9, 84:8, 91:1, 91:2, 91:6, 91:13, 92:8, 93:6, 93:11, 93:16, 93:17, 94:7, 94:11, 94:13, 95:3, 95:8, 95:10, 95:21, 95:23, 96:1, 96:5, 96:9, 111:23, 114:4, 114:5, 135:20, 140:21, 143:19, 143:22, 152:24, 181:19 charge-off [27] - 42:9, 84:8, 91:1, 91:6, 91:13, 92:8, 93:16, 93:17, 94:11, 94:13, 95:3, 95:8, 95:10, 95:21, 95:23, 96:1, 96:5, 96:9, 111:23, 114:4, 114:5, 135:20, 140:21, 143:19, 143:22, 152:24, 181:19 charged [15] - 21:17, 36:9, 92:12, 92:13, 92:19, 92:25, 93:15, 94:1, 135:22, 136:4, 140:6, 140:18, 141:9, 152:24, 153:4 charges [2] - 92:3, 180:17 charging [2] - 23:18, 36:16 Charter [23] - 47:7, 56:2, 56:3, 62:1, 62:4, 74:7, 78:4, 78:5, 83:2, 83:6, 83:9, 83:16, 120:8, 120:12, 125:9, 125:11, 125:13, 127:5, 127:6, 158:16, 160:24, 160:25, 161:3 Charter's [1] - 80:3 check [2] - 40:23, 86:10 checked [2] - 73:13, 76:22 checking [1] - 14:6 checks [2] - 27:25, 28:10 chief [1] - 12:17 chose [1] - 116:3 Citizens [6] - 120:8, 120:10, 125:12, 158:15, 160:24, 161:3 civil [1] - 31:16 Civil [1] - 1:1 claim [3] - 150:12, 150:19, 165:23 claiming [1] - 169:3 claims [3] - 14:3, 72:8, 135:24 clarify [7] - 12:3, 21:23, 39:13, 69:18, 149:17, 151:24, 172:4 Claudette [4] - 1:16, 184:2, 184:21, 184:21 cleaner [1] - 82:2 clear [2] - 80:25, 159:6 click [1] - 152:16 client [10] - 15:24, 15:25, 16:1, 16:2, 16:11, 17:16, 92:5, 103:21, 133:12, 169:5 clients [4] - 16:3, 18:19, 44:16, 170:24 close [3] - 96:16, 120:18, 121:1 closest [1] - 11:20 clues [1] - 108:5 code [19] - 47:17, 47:18, 47:19, 58:18, 59:1, 59:3, 59:9, 60:6, 96:18, 119:20, 120:11, 123:17, 123:18, 125:3, 125:5, 126:3, 138:7, 145:12, 161:1 codes [3] - 60:18, 120:13, 127:20 COFFEY [1] - 1:8 Coffey [9] - 14:5, 16:18, 55:20, 55:23, 99:20, 152:2, 166:4, 172:20, 172:21 coincidence [1] - 67:9 Coletti [4] - 66:17, 67:13, 75:14, 135:12 Coletti's [1] - 76:5 collate [1] - 54:11 collect [15] - 10:6, 92:5, 92:10, 139:3, 147:19, 148:1, 148:21, 149:5, 149:13, 150:25, 151:5, 151:9, 154:3, 154:17, 178:24 collected [5] - 18:1, 18:3, 150:6, 179:12, 179:25 collecting [3] - 18:18, 20:16, 149:8 collection [24] - 7:1, 10:12, 13:25, 16:22, 19:1, 19:5, 44:24, 50:17, 147:25, 149:23, 150:2, 151:19, 162:7, 165:2, 171:14, 178:4, 178:10, 178:24, 179:7, 180:2, 180:7, 180:9, 181:23, 182:3 collections [3] 83:15, 180:8, 180:15 College [1] - 7:11 college [1] - 7:16 COLLEGIATE [2] 1:4, 1:12 Collegiate [43] - 9:1, 9:9, 14:4, 15:11, 16:9, 16:14, 18:12, 18:17, 21:20, 29:11, 29:14, 30:5, 38:21, 39:6, 39:15, 42:18, 43:8, 48:2, 62:1, 62:6, 90:6, 92:6, 108:13, 108:14, 109:3, 109:6, 131:15, 137:2, 137:7, 137:10, 149:19, 153:23, 154:1, 155:17, 155:21, 161:25, 162:16, 163:23, 172:9, 172:23, 175:24, 176:21, 179:1 column [4] - 102:16, 102:22, 103:1, 108:10 coming [2] - 28:1, 136:6 commencing [1] 1:16 comment [1] - 167:17 Commission [1] 184:23 communicate [1] 178:22 communicates [1] 179:17 communications [1] 169:19 Community [1] - 7:11 company [17] - 3:13, 4:8, 6:8, 6:19, 6:25, 10:1, 21:9, 21:11, 23:12, 28:19, 29:7, 54:19, 70:13, 71:4, 71:13, 71:17, 173:21 compare [1] - 118:20 compared [3] - 59:5, 77:2, 77:5 THE REPORTING GROUP Mason & Lockhart PageID #: 189 Compass [10] - 26:7, 27:2, 32:4, 32:5, 34:25, 35:4, 52:5, 52:7, 83:25 compensation [3] 150:5, 150:7 competent [1] - 41:25 compile [1] - 159:23 compiled [1] - 144:14 complaint [15] - 118:3, 118:6, 118:11, 122:15, 122:17, 122:18, 122:21, 124:24, 159:4, 159:13, 159:16, 159:19, 161:24, 162:15, 166:5 complaints [1] - 12:20 complete [1] - 157:4 compliance [17] - 4:1, 4:18, 5:2, 5:3, 5:7, 5:8, 6:3, 8:5, 8:9, 10:18, 10:22, 11:4, 11:10, 12:12, 12:17, 12:22, 182:24 comprised [2] - 27:6, 27:14 comprising [1] 180:22 computer [3] - 77:21, 77:23, 176:16 Computer [1] - 184:10 Computer-Aided [1] 184:10 concluded [1] 183:17 conclusion [8] 17:18, 22:1, 71:2, 72:6, 122:11, 137:13, 155:8, 174:9 conditions [19] 58:16, 104:24, 105:8, 121:16, 122:4, 123:9, 123:15, 124:3, 124:15, 124:22, 125:25, 126:2, 127:23, 157:9, 157:11, 158:3, 158:10, 160:17, 161:6 conference [1] - 88:16 confidential [2] 167:16, 168:4 confirm [7] - 73:13, 86:2, 98:3, 110:13, 118:2, 118:13, 136:9 confirmed [2] - 110:17 Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 190 of 207 2078 confirming [1] 165:19 confused [1] - 162:13 Congress [1] - 1:15 CONLEY [1] - 1:22 connected [5] - 10:5, 21:18, 21:22, 21:23, 75:22 connection [2] 90:15, 168:14 consisting [1] - 78:18 consists [1] - 43:19 consolidated [2] 31:17, 154:22 consumer [5] - 35:13, 47:12, 90:10, 90:12, 93:3 Consumer [7] - 167:1, 167:3, 167:21, 168:10, 168:13, 169:6, 169:15 consumers [3] 60:20, 82:22, 172:6 contain [3] - 32:10, 74:2, 106:25 contained [17] - 27:15, 73:10, 75:3, 76:8, 85:19, 86:23, 104:23, 138:22, 142:18, 142:21, 143:25, 148:12, 161:7, 165:16, 165:20, 178:18, 178:19 containing [3] - 36:15, 78:22, 160:16 contains [3] - 77:13, 107:1, 121:20 context [1] - 122:19 contingent [1] - 18:6 continue [6] - 22:10, 53:14, 104:10, 118:15, 134:10, 164:4 continued [1] - 129:16 continues [3] - 45:25, 104:16, 164:25 continuing [3] - 89:17, 130:23, 163:12 contract [16] - 17:13, 43:3, 43:4, 43:5, 43:7, 43:10, 56:3, 56:14, 93:13, 129:25, 130:3, 154:10, 173:6, 173:8, 175:9, 175:10 contracted [4] - 16:12, 17:3, 154:2, 182:8 contracting [1] 93:21 contracts [2] - 154:3, 174:17 contractual [2] 92:10, 171:22 contractually [2] 93:9, 93:17 control [3] - 89:13, 123:23, 139:21 conversation [6] 59:20, 66:14, 67:13, 67:17, 131:7, 135:14 conversations [10] 38:15, 40:17, 67:18, 68:1, 68:7, 75:23, 131:6, 131:10, 141:12, 164:14 copies [8] - 34:23, 35:1, 72:12, 81:1, 122:8, 160:15, 161:14, 161:20 copy [26] - 43:17, 43:24, 52:16, 52:19, 53:7, 53:25, 54:7, 58:10, 58:13, 58:14, 58:16, 64:13, 73:5, 73:7, 73:9, 82:2, 118:7, 118:10, 118:21, 119:24, 122:16, 159:15, 159:17, 161:21 Corn [1] - 135:13 corner [2] - 59:17, 81:14 corporation [1] - 70:9 Corporation [7] 62:2, 67:14, 67:22, 68:9, 70:6, 70:10, 74:8 correct [64] - 18:20, 18:23, 24:12, 24:17, 26:2, 30:12, 34:12, 34:14, 38:19, 43:21, 46:7, 46:24, 52:13, 52:17, 54:17, 61:3, 61:10, 62:17, 63:6, 76:21, 79:10, 87:11, 89:11, 89:12, 89:14, 90:20, 96:17, 96:22, 99:18, 99:22, 99:23, 100:15, 103:18, 103:23, 103:24, 106:2, 106:7, 106:8, 107:8, 107:10, 108:15, 108:19, 110:25, 113:4, 119:11, 119:16, 123:22, 124:6, 124:20, 127:15, 128:8, 128:15, 133:7, 135:20, 135:25, 137:6, 140:25, 142:5, 154:23, 155:1, 156:25, 157:5, 157:13, 158:23 correctly [2] - 67:6, 158:7 correspondence [7] 34:6, 35:1, 137:25, 138:5, 142:14, 146:15, 146:16 corresponding [1] 58:15 corresponds [1] 45:6 cosigned [1] - 47:9 cosigner [2] - 58:13, 58:14 counsel [7] - 10:3, 40:5, 66:18, 75:15, 131:8, 131:12 country [1] - 11:18 county [1] - 40:6 couple [2] - 61:23, 72:13 course [3] - 36:22, 67:25, 138:15 courses [1] - 19:23 court [3] - 9:16, 61:8, 155:5 COURT [1] - 1:1 Court [11] - 16:11, 39:16, 48:1, 61:14, 61:19, 107:18, 118:7, 122:6, 122:7, 129:18, 130:6 CR [7] - 95:7, 95:10, 95:12, 96:3, 96:22, 97:4 create [7] - 25:11, 26:10, 26:13, 57:1, 111:6, 138:23, 179:11 created [39] - 14:16, 14:24, 34:14, 34:15, 35:25, 36:2, 39:12, 39:17, 39:24, 47:15, 47:18, 47:21, 60:16, 60:20, 74:6, 74:7, 78:2, 83:23, 84:10, 84:14, 84:16, 91:16, 98:11, 98:15, 98:20, 99:1, 106:1, 106:5, 106:6, 107:9, 109:16, 109:20, 109:21, 112:1, 112:5, 112:9, 112:11, 112:22, 134:22 credentials [1] - 23:3 Credit [2] - 2:18, 174:5 credit [45] - 43:17, 43:21, 43:25, 46:22, 52:17, 95:12, 95:16, 95:17, 95:19, 95:20, 95:21, 96:3, 96:8, 96:12, 96:24, 97:4, 97:7, 117:21, 118:5, 118:10, 119:23, 124:5, 155:22, 155:23, 157:2, 158:4, 159:9, 159:19, 160:13, 170:6, 170:9, 170:10, 170:13, 170:20, 171:1, 172:3, 172:21, 173:2, 173:7, 173:10, 173:12, 173:18, 174:6, 174:12 credited [4] - 25:14, 136:10, 136:16, 145:21 credits [1] - 24:25 cross [1] - 38:23 cross-examination [1] - 38:23 CRR [2] - 1:17, 184:21 CRS [35] - 13:21, 13:23, 13:25, 14:9, 22:16, 26:3, 32:3, 32:9, 34:13, 35:4, 35:11, 35:16, 44:12, 45:11, 45:14, 45:19, 45:20, 45:21, 45:23, 46:3, 50:1, 50:4, 69:21, 112:4, 112:7, 149:1, 160:3, 178:16, 178:19, 179:2, 179:8, 179:15, 179:17, 183:1 CSX1 [1] - 47:9 cued [1] - 94:10 cues [1] - 94:12 CUMBERLAND [1] 1:2 Cummins [32] - 2:9, 2:15, 2:16, 30:16, 31:13, 38:7, 38:18, 39:16, 40:9, 40:11, 40:17, 41:25, 42:14, 43:15, 43:23, 44:9, THE REPORTING GROUP Mason & Lockhart PageID #: 190 44:17, 46:20, 48:13, 50:12, 51:15, 127:25, 128:4, 130:18, 155:19, 156:4, 158:19, 158:24, 159:1, 159:10, 160:11, 162:20 Cummins's [3] 38:11, 52:21, 156:22 cure [2] - 23:23, 24:3 current [2] - 22:12, 23:25 custodian [2] - 48:22, 48:24 custody [1] - 123:23 custom [1] - 153:11 CXS [1] - 47:9 CYNTHIA [1] - 1:23 Cynthia [1] - 3:7 D D/Loan [1] - 2:12 Daggett [14] - 148:5, 148:20, 149:4, 149:7, 149:16, 149:18, 149:24, 150:2, 150:10, 150:18, 150:21, 151:10, 151:14, 182:2 daily [2] - 41:8, 128:19 Data [3] - 70:7, 174:22, 175:1 data [26] - 28:3, 28:5, 42:3, 42:11, 43:23, 45:6, 45:18, 45:23, 50:6, 56:25, 69:14, 73:8, 73:9, 73:24, 74:9, 76:8, 76:9, 78:16, 85:14, 87:11, 88:3, 89:14, 98:18, 176:20, 176:24, 177:7 database [24] - 14:12, 22:19, 34:10, 45:7, 45:10, 45:12, 45:13, 45:19, 45:21, 49:25, 85:10, 86:23, 110:22, 121:11, 137:19, 138:14, 138:22, 139:4, 146:9, 146:12, 148:19, 160:3, 161:18 databases [3] - 50:1, 70:24, 161:8 date [48] - 6:10, 36:13, Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 191 of 207 2079 37:15, 64:1, 64:9, 64:10, 64:12, 64:14, 64:15, 64:19, 64:20, 65:5, 65:6, 65:11, 65:13, 65:21, 66:1, 66:21, 67:1, 76:11, 87:21, 88:8, 94:13, 95:6, 100:16, 102:7, 102:8, 102:9, 102:10, 107:4, 107:6, 107:12, 108:3, 109:13, 109:15, 113:17, 114:9, 114:21, 114:22, 129:8, 129:9, 131:23, 131:24, 146:5, 162:6, 162:10, 163:7, 181:19 Date [1] - 183:25 dated [8] - 1:14, 63:2, 63:5, 63:9, 88:8, 99:25, 144:8, 155:19 Dated [1] - 184:19 dates [6] - 4:24, 36:23, 38:3, 87:18, 156:5, 156:7 day-to-day [2] - 31:9, 154:7 days [3] - 8:17, 23:20, 153:1 DC [1] - 47:11 debt [6] - 7:1, 147:25, 148:1, 149:5, 149:23, 151:19 debts [2] - 10:6, 148:21 December [1] - 101:15 decided [2] - 6:16, 94:6 decides [3] - 15:22, 15:25, 93:25 deciding [1] - 131:4 decision [16] - 16:16, 16:21, 17:10, 93:6, 93:8, 94:8, 130:25, 131:1, 147:14, 147:20, 153:9, 163:11, 164:7, 164:8, 164:9, 164:11 decisions [1] - 151:21 deem [1] - 154:18 default [29] - 23:15, 23:16, 24:11, 24:19, 25:10, 30:12, 30:15, 33:2, 48:14, 84:9, 91:8, 92:15, 93:16, 112:19, 117:22, 155:6, 155:10, 156:20, 156:24, 163:17, 171:6, 172:7, 172:16, 172:24, 173:13, 174:7, 181:18, 181:19 defaulted [13] - 21:16, 22:13, 26:22, 67:19, 84:4, 87:1, 115:24, 134:22, 134:25, 140:9, 154:4, 171:5, 173:17 defend [1] - 166:8 defendant [3] - 8:23, 67:10, 176:8 Defendants [2] - 1:9, 1:23 defendants [4] - 9:11, 9:12, 162:17, 164:17 defendants' [1] 48:22 defending [2] - 10:7, 10:11 defer [1] - 104:9 deferment [8] 100:14, 101:9, 101:14, 102:1, 104:11, 104:13, 104:15, 105:1 deferments [1] 101:13 deferral [4] - 81:24, 104:7, 104:8, 104:23 deferred [1] - 81:23 defers [1] - 104:8 definition [1] - 125:19 degree [1] - 7:14 delegate [1] - 156:18 delete [2] - 171:19, 171:25 delinquency [6] 23:23, 24:3, 93:12, 94:8, 94:10, 181:17 delinquent [3] - 23:20, 23:21, 92:20 department [12] 10:17, 10:18, 10:22, 11:2, 11:4, 11:10, 11:13, 11:14, 11:16, 74:11, 74:12, 74:18 dependent [1] 182:22 Deponent [1] - 2:2 deponent [2] - 184:4, 184:13 DEPONENT [2] 59:23, 124:7 deposed [3] - 8:10, 8:15, 8:20 deposit [1] - 79:9 Deposition [72] - 2:8, 2:15, 3:2, 30:9, 41:15, 41:24, 43:18, 43:19, 47:23, 57:23, 58:19, 60:23, 61:5, 61:12, 61:13, 61:17, 62:10, 62:15, 64:1, 80:14, 83:19, 83:22, 89:17, 98:2, 98:8, 100:19, 101:16, 101:18, 102:19, 106:21, 107:12, 108:10, 108:25, 111:19, 111:20, 115:8, 118:1, 120:7, 120:14, 122:25, 125:10, 125:16, 125:17, 128:5, 128:11, 132:2, 135:17, 135:18, 135:24, 136:11, 138:24, 139:18, 140:5, 142:12, 143:3, 143:13, 143:17, 143:18, 143:25, 144:2, 149:22, 150:10, 155:15, 158:5, 159:24, 160:12, 174:16, 175:4, 183:25 deposition [22] - 7:18, 8:2, 9:4, 16:23, 30:1, 31:21, 38:8, 40:18, 41:14, 41:19, 59:18, 79:6, 79:8, 86:21, 116:25, 146:10, 148:14, 151:7, 169:23, 170:2, 183:17, 184:8 DEPOSITION [1] 1:12 depositions [1] 117:1 describe [5] - 9:22, 19:10, 142:25, 165:14, 172:6 described [12] - 30:6, 38:9, 52:15, 77:18, 104:21, 105:1, 105:2, 105:8, 143:16, 143:18, 161:5, 174:17 describes [1] - 38:10 Description [1] - 2:7 description [1] - 146:6 designated [7] - 9:3, 30:4, 48:2, 48:21, 48:24, 48:25, 155:16 destruction [3] 42:25, 49:9, 49:11 detail [1] - 42:4 determination [1] 170:3 determine [1] - 100:18 determined [1] - 38:13 determines [1] 179:24 dictated [3] - 35:17, 93:14, 180:11 Diego [1] - 8:19 difference [4] - 123:2, 130:17, 143:15, 143:21 different [32] - 13:20, 26:3, 59:3, 61:24, 76:14, 79:21, 89:22, 89:24, 96:1, 101:5, 103:4, 113:6, 118:23, 122:7, 122:23, 123:1, 151:15, 152:11, 152:15, 153:1, 153:14, 153:18, 159:5, 161:6, 161:7, 178:16, 180:5, 180:18, 181:23, 182:20, 182:21 differentiates [1] 97:2 digits [1] - 107:2 diligence [1] - 182:11 DILL [87] - 1:23, 3:6, 5:22, 9:21, 16:5, 20:12, 26:17, 28:20, 29:19, 29:23, 33:24, 37:7, 37:11, 37:24, 38:23, 39:2, 39:3, 51:12, 53:20, 53:23, 58:25, 59:8, 59:17, 60:2, 60:5, 64:4, 64:6, 64:8, 65:10, 66:13, 72:12, 72:19, 72:21, 76:18, 77:6, 77:12, 82:7, 86:1, 92:1, 94:4, 98:5, 98:7, 99:4, 99:8, 105:14, 108:1, 111:8, 115:11, 118:18, 119:5, 119:7, 122:13, 125:23, 130:16, 131:11, 132:11, 132:15, 132:22, 132:24, 133:16, THE REPORTING GROUP Mason & Lockhart PageID #: 191 139:17, 142:8, 142:11, 143:10, 143:12, 145:13, 158:1, 158:2, 159:7, 159:8, 163:5, 164:1, 166:16, 166:23, 167:9, 167:19, 168:3, 168:8, 168:22, 169:1, 169:13, 169:22, 170:2, 170:8, 182:5, 183:14, 183:16 Dill [2] - 2:4, 3:7 dip [1] - 134:12 direct [4] - 47:11, 90:10, 139:5, 148:7 directed [1] - 152:8 direction [1] - 152:8 directly [8] - 20:19, 46:3, 70:11, 70:14, 90:12, 98:13, 139:6, 160:1 DISB [1] - 82:16 disburse [1] - 19:8 disbursed [5] - 60:18, 84:3, 86:25, 109:15, 152:25 Disbursement [1] 82:20 disbursement [12] 21:16, 55:12, 55:14, 56:16, 56:24, 56:25, 82:18, 82:21, 84:6, 85:12, 109:13, 152:24 discharge [1] - 94:13 disclosure [12] 43:20, 53:12, 53:13, 61:6, 81:15, 113:7, 113:10, 113:12, 113:13, 157:2, 157:9, 160:14 Disclosure [1] - 2:9 discovery [1] - 31:11 discretion [2] - 17:6, 159:18 discuss [1] - 31:13 discussed [20] 35:13, 52:1, 59:1, 65:23, 65:25, 68:6, 69:19, 71:4, 92:15, 95:24, 104:12, 106:11, 110:4, 113:19, 120:5, 142:23, 146:14, 156:14, 158:13, 181:16 discussing [1] - 31:18 Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 192 of 207 2080 discussion [2] - 66:3, 180:24 Discussion [7] 29:18, 29:22, 98:6, 99:5, 143:11, 166:15, 166:21 discussions [6] 38:13, 75:2, 75:8, 75:11, 167:15, 169:20 disinterested [1] 184:15 dismiss [1] - 175:23 disposal [3] - 12:4, 13:6, 136:9 distances [1] - 11:24 distinction [1] 112:10 distinguish [1] 108:21 district [2] - 61:8, 155:5 District [6] - 16:11, 39:16, 48:1, 61:19, 107:18, 122:5 DMI [1] - 83:4 doc [1] - 138:5 docket [2] - 141:22, 141:24 Docket [1] - 1:2 dockets [1] - 31:16 Docs [1] - 2:12 document [110] 15:18, 15:19, 15:21, 30:2, 35:3, 39:12, 39:14, 39:20, 52:20, 53:7, 54:2, 54:9, 54:10, 54:15, 55:18, 55:19, 55:23, 58:7, 59:2, 59:4, 60:16, 60:20, 61:25, 64:15, 64:25, 65:1, 65:3, 65:6, 65:14, 66:21, 67:9, 69:3, 75:2, 79:12, 80:17, 80:20, 83:23, 84:1, 84:5, 84:10, 84:14, 84:15, 84:16, 86:20, 87:19, 88:3, 88:19, 88:25, 89:4, 90:19, 90:23, 90:25, 91:16, 91:18, 98:15, 98:21, 98:22, 98:24, 99:2, 100:21, 100:23, 106:1, 107:7, 107:12, 107:16, 107:17, 107:24, 109:9, 109:16, 109:19, 112:5, 112:6, 112:9, 112:13, 113:3, 114:10, 118:20, 122:20, 125:14, 126:25, 132:4, 132:6, 132:13, 132:19, 133:1, 133:9, 133:14, 133:17, 133:19, 135:24, 136:1, 137:25, 138:9, 138:14, 142:15, 144:6, 144:7, 144:19, 145:11, 145:19, 145:22, 157:5, 157:7, 157:12, 162:10, 165:18, 173:25 documentation [2] 14:23, 57:3 documenting [1] 166:3 documents [88] 13:12, 14:11, 14:13, 14:21, 14:24, 15:2, 15:5, 15:17, 27:17, 27:19, 32:10, 32:13, 32:16, 32:22, 32:23, 33:5, 33:6, 33:18, 33:20, 33:23, 34:1, 34:2, 34:8, 34:10, 34:22, 35:6, 35:8, 35:24, 36:2, 36:6, 36:8, 36:11, 36:20, 36:21, 37:12, 37:19, 38:5, 42:24, 42:25, 44:9, 46:20, 49:8, 49:12, 52:11, 54:14, 54:24, 55:7, 55:9, 55:10, 55:16, 56:21, 57:20, 59:13, 61:24, 74:13, 74:15, 100:6, 101:11, 105:13, 106:15, 108:21, 111:6, 111:9, 111:13, 120:21, 121:11, 121:21, 125:22, 129:19, 139:5, 142:25, 143:1, 144:9, 145:1, 148:8, 148:12, 155:9, 155:11, 155:13, 159:23, 160:1, 160:20, 161:11, 161:17, 165:15, 166:18, 167:20, 176:20 dollars [1] - 150:19 done [6] - 36:5, 110:12, 116:2, 152:13, 179:3, 183:9 doubt [2] - 94:24, 132:5 down [7] - 20:13, 63:1, 73:25, 101:3, 109:1, 139:10, 161:22 downward [1] - 97:6 DP [1] - 81:23 draw [1] - 174:15 drawn [1] - 69:12 dried [2] - 142:3, 142:5 dry [1] - 134:18 DTC [1] - 90:9 due [23] - 23:24, 76:14, 92:23, 93:1, 93:5, 94:8, 96:8, 100:11, 100:12, 100:16, 101:24, 102:7, 102:9, 103:16, 103:17, 104:4, 104:22, 129:19, 129:22, 130:7, 162:2, 162:22, 182:11 duly [1] - 3:3 during [8] - 6:8, 24:14, 59:20, 104:10, 104:13, 120:9, 129:5, 134:17 duties [6] - 5:9, 9:22, 19:16, 20:7, 20:16, 177:16 E E/Deferment/ Forbearance [1] 2:13 E5 [1] - 105:22 EASE [1] - 179:18 easily [1] - 73:8 economic [2] - 17:21, 18:11 Education [23] 21:10, 21:13, 68:11, 70:8, 89:6, 89:8, 89:11, 92:17, 115:18, 115:19, 116:10, 116:15, 117:3, 117:7, 117:11, 133:1, 133:6, 134:23, 135:2, 139:8, 140:10, 153:7, 171:9 education [1] - 42:4 Educationsomething [1] - 70:8 Educational [1] 67:20 educational [1] 48:23 EGS [6] - 6:9, 6:15, 71:4, 71:6, 71:14 either [15] - 9:25, 15:9, 22:16, 31:18, 32:25, 34:13, 55:14, 56:2, 56:12, 56:18, 56:19, 82:11, 127:5, 156:19, 171:7 electronic [34] - 13:4, 27:5, 27:13, 27:24, 32:12, 32:13, 34:3, 34:10, 34:19, 34:22, 36:15, 42:3, 42:7, 42:11, 42:21, 42:24, 43:23, 44:11, 49:5, 49:19, 55:4, 56:25, 57:1, 69:20, 78:15, 78:17, 85:14, 92:14, 140:25, 141:1, 141:3, 156:11, 156:15, 176:20 electronically [6] 57:4, 57:5, 69:11, 106:16, 124:1, 161:21 employed [5] - 4:9, 4:10, 6:2, 30:18, 51:22 employee [15] - 8:11, 41:2, 50:25, 65:18, 69:5, 85:9, 85:13, 85:16, 86:18, 88:2, 88:13, 89:10, 91:17, 97:21, 98:19 employees [18] - 11:1, 11:3, 11:6, 11:13, 12:10, 50:3, 54:21, 68:1, 69:1, 154:10, 177:13, 177:15, 177:17, 177:21, 179:21, 183:3, 183:5, 183:8 employer [1] - 3:23 employment [2] - 6:8, 6:21 enacted [1] - 134:24 enacts [1] - 43:5 encompassed [2] 63:9, 63:10 encompasses [2] 61:23, 63:22 end [2] - 110:8, 161:2 ensure [2] - 27:23, 49:14 THE REPORTING GROUP Mason & Lockhart PageID #: 192 enter [1] - 50:24 entered [9] - 15:2, 15:5, 88:3, 98:18, 100:13, 101:13, 101:15, 104:7, 134:9 Enterprise [2] - 151:5, 151:11 entire [3] - 29:7, 141:22, 141:24 entities [3] - 10:2, 153:15, 153:18 entitled [1] - 130:14 entity [7] - 9:2, 15:6, 16:14, 16:21, 24:2, 39:11, 117:10 entries [4] - 84:18, 98:22, 109:20, 109:21 entry [3] - 85:10, 90:1, 135:19 EOS [2] - 150:24, 151:2 equal [1] - 10:9 equipment [1] 176:16 equity [1] - 71:19 Equity [5] - 71:21, 71:22, 71:24, 72:1, 72:3 error [2] - 123:3, 123:5 ESQ [5] - 1:21, 1:21, 1:22, 1:23, 1:23 essentially [6] - 57:17, 78:12, 78:14, 79:2, 176:13, 180:14 established [3] - 77:7, 123:21, 128:1 estimate [2] - 113:11, 154:19 et [2] - 24:25, 183:25 ET [1] - 1:8 evenly [1] - 152:10 event [6] - 57:6, 119:9, 119:13, 121:21, 179:6, 184:15 evidence [5] - 37:19, 146:2, 155:3, 155:4, 167:24 evidenced [1] - 58:11 exact [8] - 4:24, 6:9, 36:13, 38:3, 87:1, 108:24, 135:23, 136:16 exactly [9] - 33:1, 49:4, 49:20, 87:5, 105:3, 106:5, 135:12, 152:22, 172:18 Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 193 of 207 2081 Examination [1] - 2:3 examination [1] 38:23 EXAMINATION [1] 3:5 examined [1] - 3:4 exceed [4] - 61:2, 119:9, 119:14, 158:6 exception [6] - 28:4, 28:8, 87:16, 120:4, 142:24, 156:5 exceptions [2] 28:13, 28:14 excerpt [6] - 62:11, 72:11, 72:22, 73:3, 77:8, 77:9 excuse [9] - 51:16, 88:1, 104:1, 114:8, 118:4, 128:7, 135:19, 138:10, 164:16 executed [3] - 50:14, 50:15, 119:25 exhaustive [1] - 147:6 Exhibit [123] - 2:9, 2:11, 2:11, 2:12, 2:12, 2:13, 2:13, 2:14, 2:16, 3:2, 29:21, 29:25, 30:9, 38:6, 39:14, 41:15, 41:24, 43:18, 43:19, 46:19, 47:24, 52:12, 52:15, 53:6, 53:24, 57:23, 58:19, 58:25, 60:23, 61:5, 61:12, 61:13, 61:17, 61:22, 61:23, 62:10, 62:15, 64:1, 65:12, 67:3, 79:8, 80:14, 83:19, 83:23, 86:20, 86:21, 89:17, 97:20, 98:2, 98:9, 98:12, 99:9, 100:20, 100:22, 101:17, 101:18, 102:19, 105:24, 106:9, 106:10, 106:21, 107:13, 107:16, 108:11, 108:25, 109:16, 111:19, 111:20, 114:16, 115:8, 118:1, 118:20, 118:22, 120:1, 120:4, 120:7, 120:12, 120:14, 122:16, 122:25, 123:1, 125:4, 125:8, 125:10, 125:17, 127:18, 128:5, 128:11, 135:17, 135:18, 135:24, 136:11, 138:10, 138:24, 139:18, 140:5, 142:12, 143:3, 143:7, 143:13, 143:14, 143:17, 143:18, 143:25, 144:2, 148:7, 148:15, 149:22, 155:16, 158:5, 158:23, 159:24, 160:12, 165:18, 174:16, 174:21, 175:4 exhibit [6] - 44:4, 44:5, 58:23, 61:7, 79:6, 97:12 exhibits [5] - 29:17, 53:2, 59:18, 120:3, 155:20 EXHIBITS [1] - 2:6 exist [4] - 112:20, 115:23, 144:7, 153:3 existed [1] - 144:10 exists [1] - 169:18 expectation [1] 51:13 experience [4] 83:13, 116:12, 127:19, 138:13 Expires [1] - 184:23 expires [1] - 49:22 explain [4] - 100:21, 123:2, 133:20, 135:3 explained [2] - 66:22, 91:25 explanation [3] 103:17, 130:17, 162:21 explore [1] - 166:25 extent [6] - 116:22, 132:17, 167:14, 168:1, 169:3, 169:19 extra [1] - 72:14 extract [1] - 45:9 extraction [1] - 138:25 F F/Repayment [1] 2:13 face [1] - 85:24 facilitate [2] - 56:16, 127:7 facilitated [1] - 56:23 facilitating [1] - 171:7 FACS [17] - 13:21, 14:1, 22:16, 26:3, 69:23, 177:25, 178:9, 178:16, 178:19, 178:23, 179:9, 179:10, 179:11, 179:13, 179:17, 179:20, 179:25 fact [23] - 37:12, 53:5, 73:14, 73:17, 76:6, 77:9, 86:2, 95:15, 108:17, 110:15, 119:24, 122:23, 126:3, 127:18, 134:2, 134:7, 135:23, 136:14, 136:16, 136:19, 140:11, 158:9, 167:13 facts [1] - 146:3 failure [1] - 96:11 fair [26] - 11:25, 35:23, 61:12, 77:15, 77:17, 78:7, 78:8, 85:18, 89:5, 90:7, 93:24, 99:19, 120:15, 121:9, 122:14, 127:21, 144:11, 145:2, 145:3, 146:22, 146:25, 147:9, 149:7, 166:10, 174:19, 176:14 Fair [1] - 174:5 falls [2] - 63:21, 63:25 Falmouth [1] - 184:19 far [9] - 21:18, 22:11, 46:4, 103:13, 106:1, 108:3, 108:4, 175:5, 177:19 fashion [2] - 97:8, 107:19 fax [12] - 55:25, 56:18, 57:11, 57:19, 57:21, 57:25, 58:2, 58:6, 127:1, 127:2, 127:8 faxed [16] - 55:23, 56:1, 56:12, 56:19, 57:6, 57:10, 57:12, 124:14, 124:18, 126:24, 126:25, 127:1, 127:4, 127:8, 127:13, 127:15 February [2] - 47:13, 47:14 federal [4] - 9:16, 53:12, 89:24, 113:14 fee [4] - 18:6, 82:13, 82:19, 83:6 Fee [3] - 82:12, 83:2, 83:8 fees [5] - 96:8, 96:10, 96:13, 102:6, 102:7 few [2] - 99:10, 116:16 field [1] - 45:7 fields [4] - 45:4, 45:5, 45:17 fifth [1] - 103:1 figures [3] - 44:14, 44:16, 44:19 file [41] - 13:2, 16:22, 17:6, 17:10, 25:12, 27:5, 27:11, 27:13, 27:21, 27:24, 28:1, 28:4, 28:11, 28:12, 29:10, 36:15, 42:10, 45:12, 49:5, 50:16, 55:4, 78:15, 78:17, 78:22, 79:1, 92:14, 121:17, 121:20, 147:20, 148:13, 148:15, 153:9, 153:12, 154:13, 154:17, 154:18, 160:16, 164:21, 165:22 filed [13] - 18:4, 18:12, 20:5, 30:11, 30:14, 39:14, 61:7, 64:13, 122:15, 134:8, 142:2, 148:16, 154:20 files [5] - 13:4, 28:15, 28:17, 32:13, 116:13 filing [2] - 64:13, 141:23 Finance [2] - 167:1, 167:22 financial [12] - 80:20, 80:22, 84:1, 84:2, 86:24, 87:5, 111:22, 114:15, 132:25, 138:16, 138:23, 142:22 Financial [21] - 2:12, 2:19, 4:8, 4:12, 4:19, 5:4, 5:7, 6:7, 6:9, 6:15, 8:8, 66:6, 66:7, 67:24, 68:15, 135:1, 167:3, 168:10, 168:14, 169:6, 169:15 financials [1] - 175:7 fine [1] - 5:24 firm [16] - 17:4, 17:25, 71:19, 129:10, 129:12, 130:19, 162:11, 162:24, THE REPORTING GROUP Mason & Lockhart PageID #: 193 163:8, 164:2, 164:22, 165:4, 180:4, 180:9, 180:18 firm's [1] - 159:18 firms [7] - 29:9, 149:1, 149:5, 151:13, 151:16, 161:15, 180:12 First [50] - 62:2, 65:23, 66:10, 66:14, 66:16, 67:14, 67:20, 67:21, 68:2, 68:9, 68:11, 70:5, 70:6, 70:7, 70:10, 74:8, 75:1, 75:9, 75:17, 78:2, 78:5, 78:17, 83:10, 92:17, 126:20, 134:16, 134:23, 135:1, 135:10, 135:11, 135:15, 136:22, 138:21, 139:2, 139:8, 139:10, 139:12, 139:20, 139:25, 140:3, 140:10, 140:13, 140:18, 140:22, 141:4, 141:9, 141:13, 153:6, 171:9 first [37] - 4:16, 8:1, 29:20, 41:20, 47:10, 47:14, 61:24, 73:22, 75:8, 84:14, 84:16, 98:3, 100:10, 100:12, 101:12, 101:20, 103:16, 106:13, 107:2, 121:5, 125:16, 125:18, 125:21, 142:15, 145:7, 145:18, 145:22, 145:23, 146:4, 153:2, 153:22, 156:13, 156:24, 162:8, 180:7, 181:18 fishing [1] - 169:12 fit [1] - 73:8 five [7] - 57:19, 57:21, 57:22, 62:25, 73:25, 107:2, 109:1 fluctuates [1] - 182:15 FMC [1] - 63:3 follow [2] - 40:22, 172:18 followed [1] - 153:5 following [2] - 100:12, 114:3 follows [1] - 3:4 forbearance [6] - Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 194 of 207 2082 100:13, 101:8, 101:14, 110:7, 110:8 forbearances [1] 101:13 forego [1] - 163:23 foregoing [1] - 184:11 forget [1] - 144:24 forgot [2] - 80:24, 99:10 form [53] - 5:12, 6:6, 12:2, 12:6, 12:9, 15:3, 16:4, 16:7, 16:19, 17:23, 18:14, 19:18, 19:21, 20:11, 20:18, 20:23, 21:8, 21:21, 21:25, 24:8, 26:11, 28:18, 33:7, 38:19, 38:22, 39:5, 39:18, 39:22, 42:9, 56:11, 58:21, 65:8, 74:9, 77:4, 77:11, 85:25, 92:24, 111:7, 111:16, 112:15, 115:3, 120:20, 122:24, 123:24, 126:5, 131:21, 144:12, 151:23, 154:8, 154:14, 157:22, 163:3, 182:4 formal [1] - 141:17 formally [1] - 180:4 format [5] - 34:22, 35:9, 42:24, 49:10, 156:15 formatted [1] - 73:7 forward [4] - 25:15, 88:8, 179:18, 180:5 forward-date [1] 88:8 forwarded [1] - 165:4 four [11] - 41:9, 62:25, 103:1, 103:2, 103:4, 166:24, 180:16, 180:18, 180:19, 181:15 frame [4] - 5:17, 114:14, 166:7, 181:17 Frederick [2] - 7:11, 7:12 free [1] - 118:2 friendship [1] - 75:21 front [6] - 11:23, 15:20, 40:11, 101:12, 104:25, 162:10 full [8] - 12:23, 13:2, 81:23, 100:14, 101:4, 102:24, 184:11 fully [2] - 93:1, 93:5 function [7] - 23:19, 45:3, 45:9, 46:9, 54:12, 74:14, 110:5 functions [2] - 21:3, 21:5 fund [1] - 134:13 Funding [2] - 62:2, 62:6 funds [2] - 82:22, 149:10 future [1] - 57:18 G G/Loan [1] - 2:14 gained [1] - 42:11 general [3] - 56:13, 134:13, 182:25 generally [6] - 13:4, 121:19, 165:13, 174:1, 174:2, 180:6 generated [7] - 24:14, 46:6, 101:8, 101:10, 105:5, 110:2, 110:3 generates [2] - 110:4, 110:9 geographic [1] 181:11 Georgia [11] - 10:21, 10:25, 11:7, 12:1, 12:5, 12:8, 13:6, 46:15, 48:9, 74:23, 128:2 given [7] - 38:8, 113:12, 113:13, 132:2, 161:12, 168:13, 184:12 Goal [1] - 175:1 graduate [2] - 7:16, 63:23 graduated [3] 102:16, 102:23, 102:25 granted [1] - 22:24 group [2] - 29:10, 181:1 Group [25] - 16:25, 17:2, 17:5, 17:9, 17:14, 17:20, 18:19, 50:20, 131:13, 147:18, 147:24, 149:4, 150:3, 151:10, 151:14, 154:12, 154:16, 159:23, 159:25, 160:2, 160:9, 162:25, 180:3, 182:17, 182:19 grow [1] - 45:25 GSS [2] - 174:22, 175:1 guarantee [6] 115:20, 117:8, 117:12, 134:10, 134:13, 134:21 guaranteed [2] 63:12, 134:19 Guaranteed [3] 63:19, 79:22, 80:10 guarantees [1] 134:17 guarantor [25] - 90:8, 115:5, 115:10, 115:12, 115:14, 116:1, 117:9, 133:10, 133:18, 133:19, 133:22, 133:24, 136:1, 136:2, 136:5, 136:6, 143:1, 143:16, 143:21, 144:1, 145:20, 146:5, 146:7, 146:24, 147:11 GUARREF [1] - 81:11 guess [2] - 53:5, 97:1 guessing [1] - 76:16 Gwinnett [4] - 40:6, 40:7, 40:8, 40:9 H half [3] - 3:18, 7:6, 31:3 halfway [1] - 124:11 hand [5] - 59:17, 60:24, 106:14, 119:1, 184:17 handing [1] - 67:24 handle [1] - 56:3 handles [1] - 175:7 handoff [2] - 23:14, 24:24 Handwritten [1] - 2:18 hard [1] - 82:4 head [1] - 151:18 header [1] - 57:11 hearing [3] - 175:23, 176:4, 176:6 Heisler [1] - 1:14 held [1] - 132:20 help [3] - 107:24, 108:2, 108:3 hereby [1] - 184:3 Higher [1] - 21:13 Hills [1] - 72:2 hire [2] - 150:24, 151:4 hired [8] - 127:7, 130:19, 147:25, 148:21, 149:5, 154:13, 154:16, 154:17 hiring [1] - 149:15 histories [2] - 14:14, 34:24 history [12] - 24:24, 25:7, 25:19, 111:21, 113:16, 113:25, 114:18, 114:19, 114:24, 115:7, 115:21, 115:22 History [1] - 2:14 hold [2] - 103:11, 132:9 Holiday [38] - 2:8, 2:10, 47:25, 48:7, 48:11, 48:16, 48:21, 50:12, 50:22, 51:16, 52:10, 52:15, 52:19, 53:25, 61:7, 61:14, 61:18, 64:24, 67:2, 68:17, 72:24, 72:25, 74:10, 77:1, 79:5, 79:7, 80:15, 86:22, 90:15, 106:10, 118:22, 124:25, 125:2, 127:25, 128:10, 130:19, 162:19, 165:19 Holiday's [1] - 125:9 holiday's [2] - 38:11, 52:23 home [1] - 183:12 hope [1] - 183:12 hopefully [1] - 166:25 hoping [1] - 163:16 Horton [2] - 2:17, 2:17 house [7] - 10:3, 11:16, 13:12, 66:18, 75:15, 131:8, 131:12 houses [1] - 14:13 housing [1] - 176:19 human [1] - 123:3 I idea [1] - 53:21 identical [8] - 59:10, 73:5, 73:7, 73:9, 73:17, 119:21, 156:5, 156:8 identification [2] - THE REPORTING GROUP Mason & Lockhart PageID #: 194 29:24, 47:2 identified [26] - 36:17, 53:24, 60:10, 61:9, 62:8, 63:16, 80:9, 89:25, 91:6, 105:3, 105:22, 109:23, 113:3, 113:15, 114:17, 120:11, 125:10, 138:4, 138:5, 138:19, 166:4, 172:2, 172:23, 172:24, 174:22, 175:4 identifies [13] - 46:22, 47:7, 54:9, 62:15, 81:13, 81:22, 90:21, 109:2, 125:7, 125:19, 138:7, 149:1, 151:15 identify [6] - 62:21, 79:18, 98:24, 102:6, 109:12, 125:8 identifying [1] 109:12 immediately [1] - 93:5 import [1] - 28:2 imported [1] - 179:14 improper [3] - 132:21, 137:15, 137:17 IN [1] - 184:17 in-house [5] - 10:3, 66:18, 75:15, 131:8, 131:12 inaccurate [1] 174:11 Inc [3] - 151:5, 174:22, 175:2 include [9] - 20:9, 45:18, 62:23, 82:18, 113:25, 114:19, 114:24, 146:23, 147:10 included [3] - 44:14, 62:13, 144:15 includes [1] - 79:9 including [9] - 6:17, 40:5, 42:3, 42:10, 45:4, 97:13, 109:18, 146:12 income [1] - 58:5 incoming [2] - 9:25, 56:15 Incorporated [5] 3:14, 4:3, 4:5, 4:6, 4:9 incorporated [1] 124:19 incorporates [1] - Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 195 of 207 2083 157:8 incorrect [1] - 150:17 independent [2] 25:7, 25:18 independently [2] 45:22, 153:3 INDEX [1] - 2:1 indicate [1] - 90:13 indicated [2] - 87:22, 139:20 indicates [1] - 133:17 indicating [1] - 57:11 indications [1] - 76:4 individual [30] - 14:8, 14:13, 15:4, 36:20, 37:1, 39:10, 49:2, 51:10, 55:8, 62:9, 62:12, 63:10, 64:15, 68:22, 76:10, 81:13, 85:13, 85:16, 86:6, 86:16, 87:15, 92:11, 93:9, 134:12, 136:7, 138:8, 141:2, 153:12, 154:9 individual's [1] 35:17 individuals [3] 22:25, 35:18, 85:20 inform [1] - 127:22 information [58] 25:1, 25:4, 25:8, 25:10, 25:17, 25:18, 26:9, 27:1, 27:4, 27:6, 27:8, 27:14, 35:21, 45:14, 45:21, 46:5, 53:1, 58:5, 73:14, 77:14, 85:19, 86:17, 86:22, 87:21, 94:25, 106:20, 110:14, 110:18, 112:7, 112:25, 114:20, 115:6, 135:8, 138:22, 139:5, 142:16, 142:18, 142:19, 142:21, 143:24, 146:11, 146:19, 146:22, 147:7, 147:10, 148:19, 148:23, 155:23, 165:20, 170:9, 170:19, 173:1, 174:11, 176:10, 178:18, 179:10, 179:12 initial [7] - 25:11, 25:12, 42:9, 45:23, 57:1, 101:14, 180:16 ink [1] - 57:8 input [6] - 35:13, 40:4, 84:18, 85:20, 110:1, 111:9 inputted [1] - 45:18 inputting [2] - 15:16, 23:5 inserted [2] - 44:17, 44:19 inside [1] - 40:5 installment [1] - 93:2 instance [5] - 27:23, 32:24, 85:9, 86:3, 115:5 instances [1] - 93:10 instead [1] - 163:12 Institute [7] - 115:18, 115:19, 116:10, 116:15, 117:3, 117:7, 117:12 instruct [1] - 167:12 instructing [1] - 169:2 intact [1] - 176:23 intent [1] - 154:22 interaction [1] - 154:6 interest [49] - 17:20, 17:21, 18:11, 24:25, 25:13, 49:7, 76:14, 92:23, 95:25, 97:11, 100:25, 101:2, 104:4, 104:6, 104:9, 104:10, 104:12, 104:14, 104:16, 104:18, 105:20, 113:3, 113:6, 113:10, 113:15, 119:10, 119:14, 128:7, 128:13, 128:19, 128:23, 128:25, 129:4, 129:6, 129:11, 129:14, 129:16, 130:8, 130:24, 131:18, 131:23, 162:7, 162:23, 163:6, 163:12, 163:24, 164:20, 164:24, 164:25 interim [1] - 134:17 internal [1] - 164:8 internally [1] - 179:25 internet [1] - 13:10 interrupt [1] - 103:12 interrupting [1] 80:23 interruption [1] 173:14 investigation [8] - 167:2, 167:14, 167:15, 167:21, 168:1, 169:16, 169:18, 169:20 involved [5] - 51:20, 60:17, 83:15, 131:4, 165:3 involvement [2] 60:17, 67:19 involving [2] - 29:13, 175:24 Island [2] - 119:11, 158:7 issue [7] - 16:25, 21:7, 24:7, 31:23, 49:2, 63:5, 109:2 issued [1] - 90:12 iteration [1] - 47:11 itself [1] - 109:19 J James [4] - 30:16, 127:25, 155:19, 156:4 January [8] - 4:10, 4:11, 4:19, 101:16, 128:8, 128:22, 129:7, 155:19 Jason [1] - 135:12 job [13] - 4:17, 9:22, 10:5, 19:13, 20:7, 20:16, 30:20, 31:9, 52:23, 52:25, 74:14, 168:15, 177:16 jobs [1] - 7:8 Jonathan [1] - 12:15 judge [3] - 168:21, 169:9, 170:3 judgment [11] - 48:13, 48:14, 80:16, 148:17, 155:6, 155:10, 155:12, 156:24, 163:17, 164:19 July [3] - 85:9, 100:1, 124:13 jumping [1] - 105:24 June [9] - 1:14, 1:15, 162:1, 162:2, 162:4, 162:17, 183:25, 184:18, 184:23 jurisdiction [1] 180:13 K KATE [1] - 1:22 keep [6] - 42:20, 49:5, 49:6, 59:19, 169:22, 170:2 keeping [2] - 94:15, 96:2 keying [1] - 85:17 kicked [3] - 28:3, 28:7, 28:13 kind [2] - 6:25, 54:12 knowing [1] - 109:8 knowledge [23] - 5:21, 11:22, 20:2, 33:10, 42:2, 51:5, 51:14, 51:15, 54:23, 72:10, 78:1, 85:8, 87:20, 91:24, 116:23, 125:25, 126:7, 126:11, 132:18, 136:4, 149:6, 177:23, 178:11 known [3] - 16:17, 172:21, 180:4 L lack [2] - 5:16, 166:6 laid [1] - 93:9 large [1] - 23:12 last [11] - 5:3, 8:15, 9:11, 9:12, 13:16, 53:10, 67:11, 114:20, 114:21, 175:17, 175:18 late [5] - 96:10, 96:13, 102:6, 102:7, 134:18 launches [1] - 86:8 Law [22] - 16:25, 17:1, 17:5, 17:9, 17:14, 17:20, 18:19, 50:20, 131:13, 147:18, 147:24, 150:3, 151:10, 151:14, 154:12, 154:16, 159:22, 159:25, 160:2, 160:9, 162:25, 180:3 law [22] - 1:14, 17:4, 17:25, 129:10, 129:12, 130:19, 148:21, 149:1, 149:5, 151:12, 151:16, 161:15, 162:11, 162:24, 163:7, 164:2, 164:21, 165:4, 180:4, 180:9, 180:18 laws [3] - 119:10, 119:15, 159:20 lawsuit [15] - 16:16, 17:11, 17:22, 18:1, THE REPORTING GROUP Mason & Lockhart PageID #: 195 18:2, 18:5, 18:11, 19:2, 19:5, 20:1, 131:16, 137:9, 137:16, 147:15, 153:12 lawsuits [8] - 16:22, 17:8, 29:8, 29:13, 147:15, 153:9, 154:12, 154:20 lawyer [3] - 66:18, 75:15, 141:13 lawyers [1] - 131:10 lay [1] - 126:19 learned [1] - 133:4 least [1] - 152:14 leaves [1] - 101:8 leaving [1] - 104:18 left [6] - 81:14, 102:15, 109:1, 111:23, 134:20, 135:5 legal [37] - 4:1, 4:18, 5:2, 5:3, 5:6, 5:8, 6:3, 8:5, 8:9, 10:18, 10:22, 11:3, 11:9, 12:11, 12:20, 13:11, 17:17, 21:24, 22:1, 30:21, 31:1, 40:21, 41:8, 48:8, 48:11, 71:2, 72:5, 122:11, 137:13, 139:21, 141:15, 148:25, 151:8, 151:12, 153:14, 155:8, 174:9 lender [7] - 47:7, 58:10, 58:16, 63:3, 75:6, 124:18, 125:19 Lender [3] - 82:12, 83:2, 83:6 lenders [1] - 161:7 lending [3] - 56:10, 56:12, 125:7 less [3] - 8:13, 41:11, 104:19 Letter [2] - 2:17, 2:17 letter [5] - 138:8, 138:18, 144:8, 144:15, 179:18 letters [7] - 12:22, 13:13, 34:5, 132:7, 138:5, 146:16, 149:21 level [8] - 14:13, 14:23, 32:16, 49:8, 49:20, 121:20, 177:15, 180:20 levels [5] - 103:3, 103:4, 180:18, 180:19, 181:16 Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 196 of 207 2084 library [5] - 160:16, 160:22, 161:5, 161:16, 161:20 line [20] - 9:19, 71:15, 71:16, 73:22, 73:23, 73:24, 77:20, 95:5, 102:21, 107:1, 107:3, 118:15, 125:20, 132:18, 156:13, 158:12, 170:18, 170:19, 171:19, 171:25 lines [7] - 73:25, 106:25, 138:17, 170:12, 170:15, 170:23, 173:3 linked [1] - 13:10 LinkedIn [1] - 75:22 list [1] - 62:8 listed [1] - 62:20 literally [1] - 125:21 litigation [44] - 3:12, 3:15, 3:21, 4:22, 4:23, 4:25, 5:1, 6:4, 8:21, 9:23, 9:25, 10:4, 10:6, 10:10, 10:13, 10:14, 12:18, 12:24, 13:8, 19:12, 20:8, 20:15, 22:20, 26:21, 29:2, 35:5, 66:4, 74:13, 74:17, 83:14, 109:17, 109:20, 110:13, 112:14, 116:7, 116:17, 129:3, 129:8, 132:10, 143:2, 144:3, 148:15, 151:22 LLC [2] - 6:23, 7:3 LOAN [2] - 1:5, 1:12 Loan [54] - 2:10, 2:14, 9:1, 9:9, 14:4, 15:12, 16:9, 16:14, 18:12, 18:17, 21:20, 29:11, 29:14, 30:5, 38:21, 39:6, 39:15, 42:19, 43:8, 46:23, 48:3, 61:9, 63:17, 63:18, 63:20, 63:21, 63:22, 63:24, 79:19, 79:21, 79:22, 80:4, 80:7, 80:10, 89:20, 92:6, 109:3, 131:16, 137:2, 137:7, 137:10, 149:19, 153:23, 154:1, 155:17, 155:22, 161:25, 162:16, 163:23, 172:10, 172:23, 175:24, 176:21, 179:1 loan [224] - 14:23, 15:16, 19:8, 20:10, 20:17, 21:1, 21:12, 21:16, 22:4, 22:8, 22:12, 23:13, 23:15, 23:20, 23:24, 24:1, 24:6, 24:11, 24:22, 25:5, 25:7, 25:15, 25:19, 25:22, 25:23, 26:1, 26:9, 26:22, 33:8, 34:11, 35:2, 36:9, 42:4, 42:24, 43:20, 45:21, 46:5, 46:6, 46:21, 46:22, 47:9, 48:23, 49:2, 49:8, 50:24, 52:16, 52:20, 53:7, 53:25, 54:10, 54:24, 55:13, 55:17, 55:19, 56:9, 56:15, 57:2, 57:20, 58:9, 58:10, 60:18, 60:19, 61:8, 61:15, 61:20, 62:12, 63:5, 63:10, 63:11, 63:12, 63:16, 68:10, 68:12, 74:12, 74:15, 75:6, 76:11, 76:21, 76:23, 78:22, 79:24, 80:20, 80:22, 81:13, 83:11, 83:17, 84:1, 84:2, 84:3, 84:9, 85:11, 86:16, 89:18, 90:1, 90:12, 91:2, 91:4, 91:10, 91:12, 92:3, 92:11, 92:12, 92:19, 92:20, 92:21, 92:25, 93:4, 93:6, 93:11, 93:14, 93:25, 94:10, 94:19, 95:24, 100:2, 100:3, 100:13, 100:24, 100:25, 101:3, 101:4, 101:24, 104:5, 104:15, 104:25, 108:18, 109:4, 109:8, 109:14, 110:10, 110:11, 110:19, 111:21, 112:17, 112:19, 113:15, 113:17, 113:24, 114:3, 114:15, 114:18, 114:24, 114:25, 115:5, 115:6, 115:7, 115:21, 115:22, 116:2, 116:4, 117:8, 117:14, 117:16, 117:17, 117:20, 117:21, 117:23, 118:5, 119:23, 121:20, 122:2, 123:22, 124:4, 124:12, 126:2, 126:13, 126:23, 129:19, 130:4, 130:7, 130:8, 133:10, 133:11, 134:3, 135:4, 136:4, 136:7, 137:1, 137:3, 137:6, 137:8, 137:16, 138:23, 139:7, 139:24, 140:6, 140:12, 140:21, 141:2, 141:8, 142:21, 144:19, 145:8, 145:24, 146:20, 147:2, 147:12, 147:20, 149:10, 150:6, 152:10, 152:18, 153:2, 153:3, 153:13, 153:22, 154:23, 154:25, 156:1, 156:10, 156:12, 157:4, 157:7, 157:20, 158:19, 159:1, 159:16, 171:3, 171:11, 171:16, 179:24 loans [78] - 21:7, 21:9, 21:15, 22:10, 23:18, 23:20, 31:15, 33:16, 34:17, 36:16, 56:4, 56:14, 56:17, 62:4, 62:6, 62:7, 62:9, 63:23, 67:20, 74:2, 74:4, 76:10, 80:3, 86:13, 86:14, 89:22, 89:23, 89:24, 115:24, 116:5, 116:9, 116:14, 117:2, 122:7, 126:8, 126:19, 126:22, 127:8, 128:19, 133:18, 134:10, 134:14, 134:20, 134:21, 134:22, 134:25, 140:9, 142:4, 145:1, 149:8, 149:24, 150:1, 150:25, 151:5, 151:9, 151:18, 151:22, 152:1, 152:6, 152:19, 153:14, 153:17, 153:20, 154:3, 154:4, 154:5, 159:12, 160:17, 170:11, 170:24, 172:8, 172:15, 173:13, 173:17, 174:6, 176:11, 176:14 located [10] - 10:20, 10:25, 46:14, 69:15, 72:1, 74:21, 74:22, 127:3, 128:3, 173:20 location [2] - 78:23, 181:11 locations [1] - 11:1 locator [1] - 36:4 Locator [32] - 14:12, 14:16, 15:17, 32:15, 32:17, 34:21, 35:4, 35:7, 35:24, 36:8, 36:19, 49:9, 49:12, 49:16, 50:2, 52:6, 52:9, 54:7, 54:9, 54:16, 54:22, 55:8, 55:22, 69:23, 121:12, 121:13, 121:15, 121:25, 122:1, 160:4, 160:5, 183:7 log [7] - 23:2, 24:5, 35:17, 42:21, 49:22, 51:1, 87:4 log-in [5] - 23:2, 24:5, 35:17, 49:22, 51:1 logged [3] - 38:5, 87:15, 88:7 logging [2] - 27:19, 166:13 logs [2] - 13:13, 57:15 look [24] - 12:21, 29:20, 30:8, 32:2, 51:3, 67:2, 73:20, 73:22, 81:14, 89:17, 97:24, 98:8, 100:18, 102:15, 102:25, 105:18, 111:12, 111:14, 117:25, 118:19, 135:17, 155:15, 157:15, 162:12 looked [18] - 31:22, 32:3, 73:19, 76:24, 100:19, 101:12, 101:19, 102:5, 102:10, 110:20, 121:10, 121:15, 141:18, 151:8, 155:9, 174:3, 175:12, 175:17 THE REPORTING GROUP Mason & Lockhart PageID #: 196 looking [32] - 34:9, 36:12, 38:2, 47:23, 53:24, 54:1, 54:3, 59:5, 61:12, 62:20, 69:3, 72:22, 83:19, 88:3, 89:2, 95:14, 97:1, 99:2, 99:12, 101:11, 105:13, 109:5, 109:11, 109:13, 119:6, 123:16, 125:2, 125:14, 140:4, 142:12, 143:13 looks [4] - 101:22, 107:23, 138:1, 160:23 lost [1] - 124:11 lower [1] - 59:17 Luke [2] - 3:10, 3:11 LUKE [4] - 1:13, 2:2, 3:3, 183:20 lunch [1] - 99:4 M ma'am [240] - 3:16, 3:22, 3:24, 4:13, 5:5, 5:10, 5:18, 7:15, 7:17, 7:19, 7:23, 7:25, 8:6, 8:14, 9:7, 10:13, 12:13, 14:20, 14:23, 17:7, 17:15, 18:7, 18:21, 18:24, 19:22, 19:24, 20:4, 20:6, 20:19, 20:24, 22:6, 22:15, 22:18, 22:22, 24:13, 24:16, 24:18, 24:22, 25:3, 26:5, 26:25, 27:5, 27:18, 29:3, 29:7, 30:3, 30:7, 30:17, 30:19, 30:25, 31:5, 31:7, 32:1, 32:8, 33:4, 33:15, 34:17, 34:19, 37:14, 40:2, 40:7, 40:10, 40:12, 40:14, 40:16, 40:19, 41:16, 41:23, 43:11, 43:22, 44:18, 46:8, 46:11, 46:13, 46:16, 46:18, 46:25, 47:5, 48:6, 48:10, 48:15, 48:18, 50:10, 50:21, 51:18, 52:2, 52:4, 52:9, 52:14, 52:18, 54:20, 54:23, 60:12, 60:14, 61:4, 61:11, 61:21, 62:18, 63:7, 64:11, 65:4, 65:17, Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 197 of 207 2085 66:9, 66:15, 67:12, 67:16, 69:8, 71:23, 73:16, 73:18, 75:12, 75:16, 75:18, 76:1, 77:22, 78:10, 79:4, 79:23, 80:5, 80:13, 81:9, 82:25, 83:3, 83:7, 83:24, 84:24, 85:21, 86:5, 86:19, 87:9, 87:12, 87:25, 88:15, 88:18, 90:16, 90:18, 94:17, 95:1, 95:11, 95:13, 96:23, 96:25, 97:4, 97:15, 97:17, 97:19, 98:1, 98:10, 98:12, 99:14, 99:18, 103:19, 106:8, 106:17, 106:19, 107:8, 107:14, 108:9, 108:16, 108:20, 111:4, 111:11, 111:17, 112:21, 113:5, 113:8, 115:13, 115:22, 119:12, 119:22, 124:16, 126:14, 127:11, 127:21, 127:24, 128:3, 128:9, 128:16, 128:21, 130:2, 130:5, 131:14, 133:8, 133:21, 133:23, 135:16, 135:21, 137:20, 138:12, 140:1, 141:14, 141:20, 141:25, 143:23, 144:4, 144:17, 144:21, 145:6, 146:21, 147:13, 147:23, 148:2, 148:22, 149:14, 150:9, 150:13, 151:1, 151:3, 151:20, 153:15, 153:19, 154:24, 155:2, 155:25, 157:18, 158:8, 159:14, 161:10, 161:20, 162:20, 163:21, 165:5, 170:25, 173:11, 173:19, 173:23, 174:20, 174:24, 175:11, 175:14, 177:3, 177:5, 177:11, 177:13, 177:23, 178:1, 178:8, 178:17, 181:12, 181:25 Macready [1] - 9:13 mail [1] - 56:18 mailed [5] - 57:7, 57:9, 57:13, 138:3, 146:16 main [1] - 34:2 MAINE [1] - 1:1 Maine [9] - 1:15, 1:18, 5:23, 11:21, 55:21, 56:9, 154:13, 184:3, 184:19 maintain [9] - 34:20, 41:1, 42:20, 42:23, 49:1, 49:4, 49:8, 50:24, 57:9 maintained [14] - 12:1, 13:15, 13:17, 14:22, 32:14, 32:18, 32:21, 34:3, 35:8, 49:10, 69:24, 75:21, 124:1, 148:24 maintaining [5] - 23:6, 25:23, 26:1, 69:20, 176:19 maintains [5] - 32:20, 34:14, 34:25, 55:16, 133:6 major [1] - 13:20 manage [5] - 21:2, 21:4, 23:25, 28:17, 29:1 managed [3] - 116:14, 120:10, 178:5 management [8] 35:4, 42:17, 89:14, 110:22, 156:16, 156:18, 179:4 manager [13] - 4:1, 4:18, 5:2, 5:3, 5:7, 5:8, 6:3, 8:5, 8:9, 30:21, 31:1, 41:8, 48:8 managers [2] - 40:22, 48:11 manages [2] - 110:22, 110:24 managing [1] - 94:20 manual [2] - 123:12, 123:13 manually [4] - 28:4, 28:8, 107:4, 123:19 map [1] - 11:23 Marblehead [50] 62:2, 65:23, 66:11, 66:14, 66:16, 67:14, 67:20, 67:21, 68:2, 68:9, 68:11, 70:5, 70:6, 70:7, 70:10, 74:8, 75:1, 75:9, 75:17, 78:3, 78:6, 78:17, 83:10, 92:17, 126:21, 134:16, 134:23, 135:1, 135:10, 135:11, 135:15, 136:23, 138:21, 139:2, 139:8, 139:10, 139:13, 139:20, 139:25, 140:3, 140:10, 140:13, 140:18, 140:22, 141:4, 141:9, 141:13, 153:6, 171:9 March [10] - 36:12, 36:13, 37:3, 37:13, 37:14, 100:8, 100:15, 102:4, 102:10, 103:17 margin [1] - 113:23 marked [8] - 3:2, 29:24, 41:15, 47:23, 62:14, 115:8, 132:2, 165:18 market [9] - 180:12, 180:20, 180:21, 181:3, 181:6, 182:14, 182:17, 182:21, 182:22 marketer [3] - 82:12, 82:13, 82:14 Marketing [1] - 83:1 Maryland [1] - 7:12 Mason [4] - 1:17, 184:2, 184:21, 184:21 Mata [1] - 9:13 match [2] - 44:5, 160:21 matched [3] - 76:21, 102:13, 160:21 matches [2] - 76:9, 76:10 matching [1] - 125:3 materials [1] - 165:16 Matt [3] - 66:17, 75:14, 135:12 matter [6] - 12:25, 14:3, 38:8, 48:4, 156:9, 161:24 matters [2] - 10:4, 30:6 maximum [1] - 119:10 MCKINLEY [3] - 1:23, 53:19, 142:9 McMullen [5] - 16:18, 58:8, 147:16, 175:25, 176:3 McMullen's [1] - 58:12 mean [23] - 25:21, 28:25, 33:25, 39:24, 48:23, 60:3, 69:8, 71:11, 89:21, 90:3, 90:11, 92:19, 96:7, 103:11, 110:17, 118:4, 136:1, 138:1, 141:22, 154:9, 156:9, 172:4, 182:7 means [17] - 47:9, 47:10, 47:12, 81:23, 96:3, 96:4, 97:4, 97:14, 100:7, 102:16, 102:22, 103:3, 133:20, 145:12, 170:20 meant [3] - 81:1, 129:20, 152:22 meantime [1] - 170:5 Mechanics [2] 157:16, 157:25 media [9] - 68:20, 68:23, 68:24, 68:25, 69:2, 69:5, 74:11, 74:12, 74:18 Media [32] - 14:12, 14:16, 15:17, 32:15, 32:17, 34:21, 35:4, 35:7, 35:24, 36:8, 36:19, 49:9, 49:12, 49:16, 50:1, 52:5, 52:9, 54:7, 54:8, 54:16, 54:22, 55:8, 55:21, 69:23, 121:12, 121:13, 121:15, 121:24, 122:1, 160:4, 160:5, 183:7 media/affidavit [1] 73:1 member [2] - 44:8, 68:19 members [2] - 11:8, 11:16 memorialized [2] 43:2, 43:3 mentioned [4] - 12:24, 22:17, 23:9, 177:24 merge [9] - 44:20, 44:23, 45:1, 45:3, 45:5, 45:6, 45:9, 45:17, 46:9 merging [1] - 120:9 Merrill [1] - 56:7 method [1] - 105:21 THE REPORTING GROUP Mason & Lockhart PageID #: 197 MICHAEL [1] - 1:21 Microsoft [1] - 46:12 middle [1] - 23:17 might [1] - 139:21 mile [1] - 11:23 mind [3] - 72:16, 103:14, 112:10 mine [2] - 119:20, 143:9 minimum [1] - 119:14 minute [3] - 139:19, 162:13, 162:14 mischaracterization [7] - 27:12, 36:1, 66:12, 121:18, 126:6, 144:13, 146:2 missing [4] - 28:3, 53:8, 53:9, 120:4 mistake [2] - 53:15, 160:24 model [1] - 180:6 modifications [1] 35:16 moment [1] - 118:13 moments [1] - 106:11 money [15] - 18:1, 18:3, 18:18, 20:16, 83:11, 83:16, 91:5, 99:21, 103:21, 104:21, 134:11, 134:20, 135:5, 149:13, 182:3 monitor [1] - 25:14 Montana [2] - 7:13 month [3] - 23:24, 36:11, 181:21 monthly [1] - 93:4 months [2] - 180:16, 181:20 morning [1] - 3:7 most [6] - 7:11, 74:22, 110:3, 152:14, 169:11, 182:13 mostly [1] - 10:5 motion [8] - 30:11, 30:14, 80:16, 148:16, 155:10, 155:12, 156:23, 175:23 motions [2] - 155:5, 155:6 move [3] - 79:1, 81:2, 170:5 moved [2] - 5:1, 69:13 MR [146] - 5:12, 5:16, 5:20, 5:25, 6:6, 6:13, 9:5, 9:17, 9:19, 12:2, 12:6, 12:9, 15:3, Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 198 of 207 2086 16:4, 16:7, 16:19, 17:17, 17:23, 18:14, 19:18, 19:21, 20:11, 20:18, 20:23, 21:8, 21:21, 21:25, 24:8, 26:11, 26:14, 27:12, 28:18, 28:24, 33:7, 33:22, 36:1, 37:6, 37:9, 37:22, 38:14, 38:22, 38:25, 39:18, 39:22, 51:9, 53:17, 53:19, 56:11, 58:21, 59:7, 59:11, 59:21, 59:25, 60:4, 64:3, 64:5, 65:8, 66:12, 70:20, 71:1, 72:4, 72:16, 76:17, 77:4, 77:11, 81:6, 82:5, 85:25, 87:23, 91:22, 94:2, 98:4, 105:12, 105:16, 107:22, 111:7, 111:15, 112:15, 115:3, 115:9, 116:20, 117:4, 118:16, 119:3, 121:18, 122:10, 122:24, 123:24, 125:21, 126:5, 126:17, 129:23, 130:9, 130:12, 130:20, 131:2, 131:9, 131:20, 132:9, 132:12, 132:16, 132:23, 133:13, 137:4, 137:12, 139:16, 142:7, 142:9, 143:7, 144:12, 145:10, 145:15, 146:1, 151:23, 154:8, 154:14, 155:7, 157:6, 157:21, 157:24, 159:3, 163:3, 163:9, 163:18, 163:25, 164:3, 164:12, 165:8, 165:25, 166:6, 167:6, 167:12, 167:18, 167:23, 168:4, 168:6, 168:11, 168:16, 168:19, 168:25, 169:8, 169:17, 169:24, 174:8, 182:4, 183:15 MS [86] - 3:6, 5:22, 9:21, 16:5, 20:12, 26:17, 28:20, 29:19, 29:23, 33:24, 37:7, 37:11, 37:24, 38:23, 39:2, 39:3, 51:12, 53:20, 53:23, 58:25, 59:8, 59:17, 60:2, 60:5, 64:4, 64:6, 64:8, 65:10, 66:13, 72:12, 72:19, 72:21, 76:18, 77:6, 77:12, 82:7, 86:1, 92:1, 94:4, 98:5, 98:7, 99:4, 99:8, 105:14, 108:1, 111:8, 115:11, 118:18, 119:5, 119:7, 122:13, 125:23, 130:16, 131:11, 132:11, 132:15, 132:22, 132:24, 133:16, 139:17, 142:8, 142:11, 143:10, 143:12, 145:13, 158:1, 158:2, 159:7, 159:8, 163:5, 164:1, 166:16, 166:23, 167:9, 167:19, 168:3, 168:8, 168:22, 169:1, 169:13, 169:22, 170:2, 170:8, 182:5, 183:14, 183:16 multiple [13] - 36:8, 40:4, 43:13, 68:1, 75:5, 86:13, 91:25, 121:22, 131:4, 164:6, 168:25, 176:15, 176:18 N NAGB [1] - 97:16 Name [1] - 183:25 name [14] - 3:7, 3:8, 6:18, 9:8, 9:12, 40:11, 40:20, 40:25, 41:3, 71:8, 71:11, 71:14, 79:2, 121:2 named [2] - 184:4, 184:16 names [3] - 9:11, 55:7, 116:24 NATIONAL [2] - 1:4, 1:12 national [1] - 117:11 National [47] - 9:1, 9:9, 14:3, 15:11, 16:9, 16:12, 16:14, 18:12, 18:16, 21:19, 29:10, 29:14, 30:5, 38:20, 39:6, 39:15, 42:18, 43:8, 48:2, 62:1, 62:6, 90:5, 92:6, 108:13, 108:14, 109:2, 109:6, 125:12, 131:15, 137:1, 137:7, 137:9, 149:18, 151:4, 151:11, 153:22, 154:1, 155:16, 155:21, 161:25, 162:16, 163:22, 172:9, 172:22, 175:24, 176:21, 179:1 nature [1] - 113:19 NCO [42] - 4:8, 4:11, 4:19, 5:4, 5:7, 5:11, 5:14, 5:19, 6:2, 6:7, 6:10, 6:11, 6:15, 6:21, 8:8, 15:9, 15:16, 32:25, 66:6, 66:7, 67:24, 68:15, 70:14, 70:15, 70:18, 71:5, 78:9, 78:14, 78:15, 78:20, 135:1, 136:23, 139:10, 139:13, 140:3, 140:8, 153:7, 161:13, 171:13, 176:13, 176:23 NCO's [4] - 6:17, 67:19, 71:5, 71:16 NCO/TSI [1] - 177:21 NCSL [1] - 156:10 NCSLT [3] - 68:2, 71:9, 183:25 NCT [5] - 90:3, 90:5, 108:11, 109:2, 179:6 near [1] - 109:22 necessarily [2] 118:9, 178:21 necessary [1] - 154:19 need [3] - 103:6, 166:24 needed [3] - 57:18, 105:17, 116:3 negotiated [1] - 66:10 Net [1] - 82:20 network [3] - 7:2, 180:11 never [9] - 112:17, 115:23, 136:21, 136:22, 136:23, 136:24, 140:22, 150:22 nevertheless [1] 124:18 new [7] - 35:12, 92:25, 101:9, 110:4, 138:3, 181:9, 182:9 next [7] - 73:23, 95:5, 96:21, 102:2, 107:25, 108:2, 170:6 Next [20] - 46:23, 61:9, 63:3, 63:12, 63:16, 63:18, 63:19, 63:21, 63:22, 63:23, 63:24, 79:18, 79:20, 79:22, 80:3, 80:6, 80:7, 80:10, 80:11, 82:15 nightly [1] - 179:13 none [3] - 69:25, 99:20, 144:9 nonnegotiable [3] 157:1, 158:4, 159:9 NORA [1] - 168:9 Norcross [8] - 10:20, 10:25, 11:6, 11:25, 12:5, 12:8, 13:6, 74:22 Nos [1] - 3:2 Notary [5] - 1:17, 3:3, 183:23, 184:2, 184:22 notate [1] - 146:15 notations [1] - 146:23 note [37] - 14:14, 14:22, 32:24, 34:23, 43:18, 43:19, 43:25, 46:19, 61:6, 62:15, 62:19, 62:22, 63:2, 63:8, 63:16, 68:5, 81:15, 81:18, 88:7, 96:15, 99:25, 113:7, 113:10, 113:12, 118:7, 118:21, 119:23, 122:23, 123:8, 124:19, 124:23, 156:22, 157:2, 157:9, 158:20, 159:1, 160:14 noted [3] - 50:12, 84:19, 85:22 notes [12] - 12:20, 35:13, 36:16, 49:7, 50:6, 50:9, 50:11, 50:16, 50:18, 62:23, 146:14, 166:18 Notes [1] - 2:18 nothing [4] - 18:3, 19:4, 85:24, 184:6 Notice [2] - 2:8, 2:15 THE REPORTING GROUP Mason & Lockhart PageID #: 198 notice [24] - 1:13, 6:14, 9:6, 9:20, 26:15, 26:22, 30:1, 30:6, 38:9, 38:10, 70:21, 71:3, 72:5, 116:21, 131:3, 154:15, 165:9, 166:1, 167:7, 168:7, 168:20, 168:24, 169:10, 170:1 notices [1] - 31:22 November [7] - 4:7, 4:15, 4:20, 68:14, 90:21, 139:11, 175:22 number [19] - 35:12, 36:18, 47:2, 63:1, 81:11, 81:14, 81:15, 81:18, 86:12, 90:2, 91:23, 105:23, 106:25, 107:2, 127:8, 127:10, 138:1, 138:11, 142:13 Number [1] - 2:7 numbers [5] - 45:9, 60:3, 87:8, 119:19, 138:6 numerical [3] - 57:14, 138:7, 142:20 numerous [1] - 69:1 O oath [1] - 85:7 object [46] - 5:12, 5:24, 6:6, 12:2, 12:6, 12:9, 15:3, 16:4, 16:7, 16:19, 17:17, 17:23, 18:14, 19:18, 19:21, 20:11, 20:18, 20:23, 21:8, 21:21, 21:25, 24:8, 26:11, 28:18, 33:7, 33:22, 38:22, 39:18, 39:22, 56:11, 58:21, 77:4, 77:11, 85:25, 111:7, 111:15, 112:15, 115:3, 122:24, 123:24, 132:16, 151:23, 154:8, 154:14, 157:21, 163:3 objection [61] - 5:16, 5:20, 5:22, 5:25, 6:13, 9:5, 9:17, 26:14, 27:12, 28:24, 36:1, 37:6, 37:22, 51:9, 59:7, 65:8, Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 199 of 207 2087 66:12, 70:20, 71:1, 72:4, 76:17, 87:23, 91:22, 94:2, 111:15, 115:9, 116:20, 117:4, 121:18, 122:10, 126:5, 126:17, 129:23, 130:9, 130:12, 130:20, 131:2, 131:20, 133:13, 137:4, 137:12, 144:12, 145:10, 146:1, 155:7, 157:6, 163:9, 163:18, 163:25, 164:3, 164:12, 165:8, 165:9, 165:25, 166:6, 167:6, 167:23, 168:16, 168:23, 174:8, 182:4 objections [3] - 5:23, 168:11, 168:25 obligated [1] - 58:2 obligation [3] - 92:11, 104:9, 171:23 obtained [1] - 45:22 obvious [1] - 169:4 OC [3] - 26:7, 32:4, 32:7 occasion [1] - 116:9 occurred [2] - 33:1, 149:3 October [6] - 3:19, 3:22, 3:25, 68:13, 85:2, 104:20 OF [1] - 1:1 office [17] - 10:19, 10:20, 11:7, 11:15, 11:20, 11:25, 12:5, 12:8, 12:13, 30:23, 40:6, 46:17, 48:9, 51:21, 53:15, 59:19, 128:3 officer [1] - 12:17 offices [8] - 1:14, 11:9, 11:10, 11:12, 11:14, 11:16, 11:17, 13:9 offset [1] - 54:12 often [1] - 39:5 Ohio [2] - 61:2, 119:16 once [8] - 23:20, 27:21, 94:9, 121:24, 140:18, 142:5, 171:18, 171:24 One [21] - 47:7, 56:2, 56:3, 62:1, 62:4, 74:7, 78:4, 78:5, 83:2, 83:6, 83:9, 83:16, 120:8, 120:12, 125:9, 125:11, 125:13, 127:6, 158:16, 160:25, 161:4 one [52] - 9:13, 10:1, 10:16, 13:22, 19:2, 26:1, 32:18, 36:9, 43:20, 47:10, 56:6, 58:10, 59:2, 62:25, 65:1, 66:3, 69:25, 71:8, 71:20, 72:18, 73:24, 80:8, 82:3, 82:11, 101:11, 101:15, 101:22, 103:1, 108:17, 108:22, 109:7, 110:4, 114:22, 119:24, 122:11, 124:2, 125:2, 127:15, 131:5, 136:12, 137:11, 151:6, 152:5, 152:9, 156:6, 161:8, 169:1, 170:11, 172:11, 179:17, 179:19, 180:19 One's [1] - 127:6 ones [11] - 25:22, 40:24, 79:25, 120:6, 124:23, 124:24, 125:1, 141:21, 148:3, 158:14, 171:15 ongoing [2] - 75:23, 85:1 online [12] - 13:3, 14:12, 32:3, 32:18, 49:18, 152:15, 178:23, 179:8, 179:9, 179:10, 179:14, 179:16 open [2] - 169:23, 170:3 opened [1] - 172:21 opening [1] - 125:6 operate [2] - 180:13, 181:8 operated [2] - 180:19, 182:14 operates [2] - 180:25, 182:19 operating [1] - 134:13 opposed [4] - 73:25, 106:14, 160:25, 161:3 options [1] - 152:11 orally [3] - 76:2, 76:3, 76:6 order [4] - 49:21, 84:5, 134:9, 166:18 ordinary [1] - 138:15 organization [3] 15:6, 94:6, 174:21 organizations [2] 18:10, 18:25 Original [1] - 83:8 original [13] - 21:9, 52:20, 53:7, 69:15, 70:11, 73:10, 73:11, 73:19, 73:21, 74:25, 75:7, 75:25, 76:6 originally [5] - 51:22, 84:3, 103:15, 136:23, 161:12 originated [6] - 62:4, 80:3, 120:12, 126:20, 157:20, 157:22 originating [1] - 55:14 origination [8] - 56:4, 68:4, 82:19, 100:14, 126:8, 126:21, 127:8, 171:3 originator [1] - 85:15 otherwise [2] - 16:17, 31:12 outcome [3] - 17:21, 18:4, 184:15 outside [23] - 6:13, 9:5, 9:20, 10:3, 26:14, 34:3, 40:5, 70:20, 71:2, 72:4, 110:20, 116:20, 131:2, 154:15, 165:8, 165:25, 167:6, 167:8, 168:6, 169:9, 169:11, 169:25, 179:22 outsourced [1] 180:1 overlap [2] - 178:20, 178:21 owe [2] - 162:17, 164:17 owed [16] - 18:18, 19:6, 20:22, 44:16, 90:20, 90:22, 90:24, 91:5, 91:9, 91:11, 91:20, 91:21, 92:5, 92:7, 130:18, 154:25 owing [6] - 92:23, 92:24, 93:1, 93:5, 96:9, 104:5 own [12] - 22:14, 23:2, 41:1, 51:1, 71:22, 71:24, 72:3, 90:2, 117:14, 117:23, 137:2, 137:8 owned [12] - 6:2, 6:8, 6:15, 21:12, 54:16, 71:14, 117:16, 117:20, 153:14, 153:17, 153:20, 172:9 owner [8] - 6:10, 54:25, 70:23, 79:2, 96:15, 108:11, 109:11, 153:24 owners [1] - 108:21 ownership [10] 61:15, 61:20, 71:7, 72:8, 116:2, 117:13, 154:23, 155:3, 155:14, 176:25 Ownership [1] - 2:12 owns [3] - 5:19, 19:8, 55:13 P p.m [3] - 99:6, 99:7, 183:17 packages [2] - 58:9, 58:10 page [69] - 43:20, 47:1, 53:8, 53:9, 53:10, 58:2, 58:4, 58:15, 58:17, 59:5, 59:6, 60:7, 60:9, 60:22, 60:24, 61:5, 64:4, 64:5, 64:6, 64:7, 65:12, 67:4, 73:4, 73:8, 73:15, 77:9, 80:2, 80:18, 81:17, 84:6, 89:4, 89:18, 95:2, 95:15, 97:12, 102:18, 104:25, 107:25, 108:3, 108:5, 118:23, 119:2, 119:3, 119:6, 119:12, 119:13, 119:17, 119:18, 120:4, 121:5, 128:5, 128:11, 128:12, 135:19, 142:14, 142:15, 143:7, 156:24, 157:1, 157:4, 157:7, 157:14, 157:15, 158:5, 159:11, 160:13 Page [3] - 2:3, 2:7, 2:14 THE REPORTING GROUP Mason & Lockhart PageID #: 199 pages [9] - 43:14, 57:20, 57:21, 57:22, 62:21, 99:12, 107:24, 120:2, 121:5 paid [26] - 17:25, 18:2, 18:8, 96:15, 101:3, 103:21, 117:12, 133:10, 133:18, 135:25, 136:2, 136:21, 136:25, 137:6, 137:16, 140:11, 140:15, 140:19, 140:20, 142:3, 145:2, 147:11, 150:11, 150:16, 150:18 paper [10] - 33:6, 33:18, 33:19, 33:23, 33:25, 34:8, 77:25, 123:21, 123:25, 124:13 papers [1] - 13:2 paragraph [13] 41:24, 42:6, 44:15, 60:25, 67:3, 105:22, 119:1, 119:8, 125:6, 125:16, 125:18, 125:22, 128:12 paralegal [18] - 3:12, 3:15, 3:21, 8:21, 9:23, 10:13, 19:12, 19:17, 19:20, 19:23, 20:8, 20:9, 20:15, 22:20, 26:21, 35:5, 66:4, 83:14 paralegals [1] - 10:14 parameters [1] 182:15 parent [1] - 71:4 Parker [13] - 148:5, 148:20, 149:4, 149:7, 149:16, 149:18, 149:24, 150:2, 150:11, 150:19, 151:10, 151:14, 182:2 Parker's [1] - 150:22 part [15] - 7:8, 11:2, 11:14, 74:14, 78:24, 79:6, 91:1, 92:14, 121:16, 121:19, 131:6, 148:15, 164:10, 164:14, 182:13 part-time [1] - 7:8 partially [1] - 113:1 particular [20] - 16:6, 21:14, 22:4, 23:13, 32:23, 33:8, 33:11, Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 200 of 207 2088 33:13, 36:25, 55:18, 56:8, 65:13, 77:1, 88:24, 94:5, 99:24, 100:3, 132:6, 139:7, 152:10 parties [5] - 9:8, 19:9, 40:4, 70:12, 131:4 party [10] - 15:21, 19:25, 24:1, 55:15, 56:2, 56:15, 56:20, 86:11, 127:6, 166:8 pass [1] - 139:4 passing [1] - 138:25 password [2] - 49:22, 49:24 past [3] - 23:24, 25:19, 127:19 pattern [1] - 153:6 pay [14] - 86:10, 110:10, 133:19, 136:1, 136:15, 136:18, 143:1, 143:17, 143:21, 144:1, 145:20, 146:5, 146:7, 146:24 paying [1] - 136:12 payment [59] - 14:14, 26:9, 34:24, 67:5, 67:11, 81:23, 86:3, 86:8, 86:9, 86:12, 86:15, 96:11, 96:20, 96:21, 100:8, 100:11, 100:12, 100:16, 101:21, 101:23, 101:24, 102:2, 102:4, 102:11, 102:14, 102:17, 102:23, 103:16, 103:25, 104:6, 104:8, 104:17, 104:19, 105:5, 111:21, 113:16, 114:7, 114:13, 114:16, 114:17, 114:18, 114:20, 114:21, 114:22, 114:24, 115:4, 115:7, 115:20, 115:21, 115:22, 142:24, 143:5, 143:15, 150:23, 152:5, 152:12, 166:5, 166:9 Payment [1] - 2:14 payments [31] - 18:9, 20:10, 20:21, 24:17, 24:24, 25:13, 42:21, 46:2, 49:7, 51:4, 86:14, 93:4, 99:20, 101:19, 101:20, 102:3, 102:6, 102:8, 104:22, 105:20, 105:21, 113:25, 114:2, 114:3, 114:25, 152:7, 152:9, 152:14, 166:11, 166:13 pays [1] - 152:15 PDF [4] - 35:9, 49:10, 69:11, 69:13 pendency [1] - 129:5 pending [5] - 9:15, 16:10, 105:14, 169:23, 170:3 Pennsylvania [1] 21:13 people [8] - 18:10, 18:25, 49:25, 50:4, 121:4, 177:20, 182:6, 182:7 percent [6] - 82:1, 82:10, 113:4, 180:22, 180:25, 181:4 percentage [2] - 18:9, 82:13 perfectly [1] - 168:18 performance [3] 182:16, 182:23, 182:24 performed [2] - 97:20, 149:23 period [17] - 15:10, 15:11, 23:17, 46:4, 46:6, 67:23, 68:12, 92:21, 93:11, 94:9, 102:13, 104:11, 104:14, 105:1, 134:17, 141:8, 171:10 periodically [1] 49:23 person [12] - 15:4, 37:1, 47:10, 93:9, 94:6, 120:20, 120:22, 123:16, 158:25, 159:9, 159:12, 184:15 personal [14] - 10:20, 42:2, 51:5, 51:14, 51:15, 85:8, 87:20, 91:24, 116:22, 125:25, 126:7, 126:10, 132:18, 150:7 personally [4] - 19:25, 28:21, 44:4, 75:24 pertain [1] - 55:9 pertained [1] - 36:21 pertaining [6] - 23:12, 34:11, 35:2, 66:20, 68:2, 176:20 pertains [1] - 62:16 phone [1] - 35:12 physical [5] - 30:24, 33:5, 33:6, 57:8, 77:24 physically [1] - 127:2 pick [1] - 25:12 picks [1] - 181:20 picture [1] - 141:7 piece [3] - 60:10, 77:24, 124:13 pieces [1] - 33:6 pitch [1] - 182:10 pitched [1] - 182:1 place [10] - 28:1, 28:10, 49:19, 51:7, 75:8, 78:21, 85:3, 124:2, 126:12, 139:11 placed [9] - 129:9, 129:12, 147:18, 149:2, 151:18, 162:11, 162:24, 179:5, 179:6 placement [4] - 160:8, 180:10, 181:16 placements [2] 149:3, 181:10 placing [2] - 24:1, 24:2 Plaintiff [2] - 1:6, 1:21 plaintiff [3] - 8:23, 155:21, 156:8 plaintiff's [1] - 16:13 plaintiffs [2] - 164:16, 176:3 plan [1] - 93:2 Platinum [5] - 71:21, 71:22, 71:24, 72:1, 72:3 played [1] - 68:4 pleading [1] - 159:20 pleadings [1] - 118:14 pled [2] - 12:21, 137:17 pledged [5] - 134:11, 134:18, 134:21, 135:6, 142:6 plus [5] - 12:11, 113:23, 130:8, 131:18, 131:23 point [12] - 6:7, 25:15, 25:16, 27:1, 63:1, 68:14, 76:13, 79:15, 80:2, 170:23, 171:6, 176:6 points [1] - 104:15 policies [1] - 173:21 policy [10] - 42:25, 43:1, 49:9, 49:11, 51:7, 173:12, 173:16, 173:20, 173:22, 174:3 pool [14] - 61:24, 62:3, 62:5, 62:7, 62:9, 62:13, 62:14, 65:2, 68:16, 72:23, 73:4, 73:6, 76:11, 79:13 PORDC-CV-15-324 [1] - 1:2 portal [8] - 32:18, 49:18, 178:23, 179:8, 179:9, 179:10, 179:14, 179:16 portfolios [1] - 176:22 portion [6] - 6:16, 19:6, 63:25, 106:24, 114:20, 154:4 portions [12] - 6:17, 51:20, 51:23, 68:4, 71:5, 71:6, 71:7, 71:9, 79:9, 79:11, 108:23, 110:18 Portland [7] - 1:15, 11:21, 16:11, 39:16, 48:1, 107:17, 122:5 position [8] - 3:11, 3:17, 4:21, 5:4, 7:3, 12:16, 130:13, 136:17 possession [6] 33:12, 33:19, 34:7, 123:22, 156:14, 160:15 possibilities [1] 127:14 possibility [1] 145:24 possible [1] - 141:3 possibly [1] - 151:11 post [4] - 91:8, 92:15, 156:20, 171:6 post-default [4] 91:8, 92:15, 156:20, 171:6 potential [1] - 174:10 potentially [2] - 36:23, 182:20 practice [13] - 37:17, 37:21, 51:7, 54:5, THE REPORTING GROUP Mason & Lockhart PageID #: 200 56:13, 56:17, 126:8, 126:9, 127:19, 153:11, 156:17, 171:18, 171:21 practices [4] - 23:4, 42:17, 126:11, 156:19 prayer [1] - 164:18 preceding [1] - 36:11 predecessor [1] - 4:8 predefault [1] - 156:19 prefix [1] - 82:23 prejudgment [1] 129:4 premarked [1] - 29:17 preparation [2] 41:19, 148:13 prepare [1] - 31:20 prepared [4] - 44:2, 48:4, 151:7, 155:24 preparing [1] - 146:10 present [5] - 3:21, 3:22, 61:19, 75:11, 75:13 presented [6] - 52:11, 61:13, 76:20, 77:15, 107:17, 155:4 presumably [1] 130:3 pretty [3] - 121:1, 147:6, 169:4 previous [5] - 7:12, 55:2, 70:25, 96:10, 158:12 previously [13] 60:10, 71:4, 92:15, 93:2, 93:3, 104:12, 113:19, 120:5, 127:5, 133:23, 142:22, 146:14, 147:17 principal [16] - 90:20, 90:21, 90:23, 91:19, 92:24, 92:25, 99:16, 99:22, 100:1, 103:22, 104:3, 128:6, 128:12, 131:17, 131:23, 162:23 print [10] - 45:16, 54:11, 54:13, 54:14, 66:25, 84:11, 84:12, 111:14, 184:10 printed [27] - 64:16, 64:17, 65:14, 65:16, 65:22, 66:24, 67:9, 69:12, 84:12, 84:17, 88:19, 88:25, 90:14, Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 201 of 207 2089 98:13, 98:16, 98:21, 107:7, 107:10, 107:13, 109:18, 111:24, 111:25, 112:6, 112:7, 114:10, 144:10, 146:13 printer [1] - 66:24 printing [4] - 54:12, 64:21, 64:22, 112:11 prints [2] - 83:24, 87:2 private [2] - 71:19, 89:23 privilege [2] - 169:4, 169:5 privileged [3] 167:16, 168:2, 169:21 pro [1] - 152:10 proactively [1] 138:20 problem [1] - 72:19 procedures [3] 40:21, 42:18, 126:11 proceedings [1] 167:3 proceeds [2] - 19:1, 150:6 process [11] - 23:25, 42:12, 44:20, 44:23, 45:1, 56:15, 68:4, 85:16, 91:1, 123:7, 126:22 processed [1] - 41:7 processes [1] - 95:23 processing [1] - 55:24 produce [1] - 167:20 produced [9] - 27:17, 112:13, 132:10, 132:14, 133:1, 138:15, 143:2, 144:1, 144:14 produces [1] - 123:8 producing [2] - 54:5, 90:15 production [18] - 39:9, 44:8, 44:22, 44:25, 45:2, 45:8, 46:14, 47:14, 52:22, 54:6, 73:2, 120:16, 120:18, 120:23, 121:3, 121:7, 123:8, 158:21 Program [1] - 89:20 program [30] - 46:22, 46:23, 47:8, 47:12, 61:8, 61:10, 63:3, 63:10, 63:13, 63:16, 63:18, 63:20, 63:21, 63:22, 63:24, 69:17, 75:6, 79:17, 79:19, 79:21, 79:22, 80:4, 80:7, 80:10, 89:19, 89:25, 90:1, 120:8, 160:18, 161:2 programmed [1] 94:9 programs [3] - 120:10, 120:13, 160:18 progression [1] 19:16 promissory [8] 14:14, 14:22, 32:24, 34:23, 36:15, 43:18, 43:25, 81:17 proof [2] - 58:5, 165:22 proper [2] - 160:22, 165:15 proprietary [1] 178:12 prosecuting [1] 10:12 Protection [7] - 167:1, 167:4, 167:22, 168:10, 168:14, 169:7, 169:15 prove [2] - 154:22, 155:14 provided [2] - 23:3, 94:25 provides [3] - 23:19, 24:4, 27:5 public [1] - 41:2 Public [5] - 1:17, 3:4, 183:23, 184:3, 184:22 publicly [1] - 6:19 pull [11] - 44:5, 45:6, 54:7, 54:8, 54:10, 57:17, 86:6, 122:2, 160:22, 161:22, 179:9 pulled [4] - 44:6, 160:24, 161:1, 161:2 pulling [1] - 123:18 purchase [8] - 62:16, 62:19, 62:22, 63:2, 63:8, 68:5, 79:24, 135:4 purchased [9] - 115:6, 116:1, 116:10, 116:14, 117:2, 134:2, 144:20, 145:9, 145:25 purchasing [1] - 147:11 purported [1] - 172:7 purports [1] - 52:12 purpose [5] - 61:17, 67:17, 109:17, 109:18, 175:20 purposes [10] - 14:6, 48:12, 74:9, 112:14, 113:14, 144:2, 146:10, 150:2, 162:7, 167:21 pursuant [2] - 1:13, 113:14 push [1] - 123:15 pushed [1] - 123:10 pushes [1] - 123:8 put [24] - 15:19, 15:21, 27:4, 27:25, 28:15, 46:3, 47:14, 58:19, 60:11, 60:19, 64:19, 64:20, 74:9, 74:14, 85:15, 87:10, 87:17, 87:21, 98:23, 103:22, 104:2, 139:3, 139:10, 179:13 puts [1] - 120:20 putting [1] - 74:12 Q questioning [2] 118:15, 132:19 questions [6] - 31:10, 38:1, 99:10, 166:19, 169:14, 170:5 R radial [1] - 152:16 ran [1] - 134:18 random [2] - 101:23, 103:25 rata [1] - 152:11 Ratchford [32] - 16:25, 17:1, 17:5, 17:9, 17:14, 17:20, 17:25, 18:19, 29:10, 50:20, 131:12, 147:18, 147:24, 149:4, 150:3, 151:10, 151:14, 154:12, 154:16, 159:22, 159:25, 160:2, 160:9, 161:16, 161:18, 162:25, 177:12, 180:1, 180:3, 182:17, 182:19 rate [18] - 60:25, 100:25, 105:8, 113:3, 113:6, 113:10, 113:15, 113:16, 113:20, 113:21, 113:22, 113:23, 119:1, 119:9, 119:10, 119:14, 158:6 rates [1] - 61:2 rather [1] - 77:18 RBS [6] - 120:8, 120:10, 125:12, 158:15, 160:24, 161:3 Re [2] - 2:8, 2:15 reaches [1] - 94:9 read [11] - 43:10, 67:5, 73:8, 82:3, 82:4, 124:7, 139:14, 141:23, 150:16, 150:18, 158:7 reading [1] - 47:4 realized [1] - 80:24 really [4] - 19:15, 35:24, 94:21, 144:9 reason [5] - 38:7, 94:24, 130:23, 163:15, 163:22 reasons [1] - 41:12 recalculated [1] 101:2 recalled [3] - 171:18, 171:24, 179:5 receive [1] - 56:21 received [15] - 18:9, 19:11, 35:2, 50:13, 56:23, 58:8, 58:9, 58:13, 75:1, 146:17, 150:22, 160:10, 160:12, 168:9 receiving [2] - 20:9, 181:9 recent [1] - 152:14 recently [1] - 138:2 recess [5] - 53:22, 72:20, 99:6, 142:10, 166:22 recollection [2] 97:23, 146:8 Recon [3] - 82:16, 82:20, 83:8 recon [2] - 82:23 reconciliation [1] 82:24 record [54] - 3:9, 5:24, 13:14, 13:17, 14:8, 15:22, 23:4, 29:18, THE REPORTING GROUP Mason & Lockhart PageID #: 201 29:22, 31:15, 42:17, 42:21, 42:22, 44:11, 44:12, 45:23, 45:24, 50:23, 51:24, 53:18, 59:12, 81:7, 83:25, 85:19, 86:24, 89:3, 90:13, 94:15, 96:2, 98:6, 98:11, 99:5, 108:23, 110:22, 110:24, 111:22, 112:1, 112:2, 112:20, 112:22, 137:21, 138:3, 141:3, 143:11, 146:3, 156:16, 156:18, 159:5, 166:15, 166:21, 167:24, 179:3, 179:7, 184:12 records [53] - 10:2, 12:1, 12:4, 13:7, 13:14, 13:17, 14:11, 23:5, 24:4, 24:6, 24:14, 25:7, 25:24, 26:2, 26:10, 26:13, 31:23, 31:25, 32:2, 34:20, 42:3, 42:4, 42:7, 48:22, 48:24, 49:2, 50:24, 51:3, 57:1, 69:20, 70:24, 103:21, 109:14, 110:1, 110:19, 110:20, 123:21, 124:1, 133:7, 136:8, 138:4, 138:25, 139:3, 139:7, 139:12, 140:25, 141:1, 141:8, 141:19, 150:21, 150:22, 156:10, 156:14 recover [2] - 23:23, 149:10 recovery [4] - 19:6, 129:11, 129:17, 164:24 redact [1] - 69:2 redacted [13] - 68:17, 68:18, 68:19, 69:9, 69:10, 106:14, 106:15, 106:20, 106:23, 107:3, 107:4, 107:15, 107:18 redacting [4] - 69:6, 108:4, 108:5, 108:7 redaction [3] - 97:20, 97:24, 106:24 reduced [2] - 99:17, Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 202 of 207 2090 184:10 Redwell [1] - 13:2 refer [3] - 81:19, 108:12, 118:25 reference [6] - 12:21, 56:6, 58:24, 108:25, 157:16, 157:25 referenced [3] - 58:3, 88:11, 175:18 references [1] - 157:8 referred [4] - 26:7, 107:6, 122:20, 163:7 referring [8] - 33:14, 42:5, 58:22, 59:12, 65:9, 116:19, 138:10, 161:12 refers [6] - 42:7, 90:5, 91:20, 108:13, 130:4, 142:14 reflective [1] - 131:17 reformatted [2] 77:16, 77:17 regard [2] - 145:4, 173:17 regarding [3] - 85:10, 167:15, 176:10 regardless [1] - 74:15 regular [1] - 102:3 Reimburse [1] - 83:4 relate [2] - 64:12, 141:19 related [4] - 31:14, 32:11, 79:14, 108:18 relates [4] - 47:8, 80:1, 138:8, 171:9 relating [4] - 42:1, 68:7, 132:19, 169:20 relation [1] - 88:24 relationship [9] - 17:1, 17:16, 21:24, 22:24, 23:8, 23:10, 23:14, 31:8, 174:14 relationships [1] 23:11 relayed [1] - 135:8 relevant [1] - 139:3 reliable [1] - 133:7 rely [5] - 25:19, 25:21, 94:18, 110:15, 155:13 relying [1] - 85:23 remained [1] - 176:23 remaining [2] - 19:6, 166:19 remedial [1] - 7:8 remember [5] - 65:16, 135:12, 139:15, 148:10, 176:4 remit [1] - 19:7 repay [1] - 110:11 Repay [1] - 81:21 repayment [18] 81:22, 100:4, 100:22, 100:23, 101:1, 101:5, 101:7, 101:9, 101:25, 102:12, 102:24, 103:3, 105:2, 105:4, 106:12, 110:2, 110:9 repayments [1] 103:2 repeat [7] - 6:1, 61:16, 116:11, 124:8, 124:9, 162:3, 173:15 rephrase [13] - 5:13, 15:1, 16:20, 17:24, 18:15, 19:19, 22:2, 24:9, 26:12, 26:19, 27:22, 91:15, 145:17 Report [1] - 2:14 report [17] - 111:21, 113:16, 113:18, 114:19, 114:24, 115:7, 115:21, 115:22, 117:21, 117:24, 171:23, 172:8, 172:15, 172:17, 172:21, 174:6, 174:11 reported [9] - 170:12, 170:19, 170:21, 171:4, 171:12, 172:3, 173:4, 184:9 reporting [20] 117:21, 155:20, 155:23, 170:7, 170:10, 170:13, 170:20, 171:1, 171:7, 171:8, 171:16, 172:3, 173:2, 173:7, 173:10, 173:12, 173:13, 173:17, 173:18, 174:12 Reporting [1] - 174:5 reports [2] - 170:9, 171:1 repositories [1] 13:12 repository [1] - 32:15 represent [5] - 61:14, 75:24, 118:1, 138:21, 149:18 representation [4] 75:3, 76:5, 129:18, 130:6 representations [3] 94:18, 110:16, 122:6 representative [5] 26:16, 35:20, 51:11, 131:22, 176:7 represented [3] 110:14, 118:6, 145:8 request [12] - 43:21, 46:21, 52:17, 74:15, 74:16, 118:5, 119:23, 124:4, 137:22, 137:24, 173:25 Request/Credit [3] 2:10, 2:11, 2:14 requested [5] - 45:15, 88:20, 100:2, 138:2, 138:17 require [1] - 42:20 required [1] - 40:22 requirements [1] 159:21 requires [1] - 42:19 research [1] - 147:1 reserves [3] - 142:3, 142:5, 142:6 resigned [2] - 78:6, 135:2 resource [1] - 13:25 Resource [8] - 92:18, 115:18, 115:19, 116:10, 116:15, 117:3, 117:7, 117:11 Resources [8] - 67:20, 68:11, 134:24, 135:2, 139:9, 140:10, 153:7, 171:10 respect [12] - 60:6, 68:16, 94:19, 138:9, 144:1, 146:20, 149:24, 156:1, 156:9, 156:11, 167:4, 170:23 responsibilities [3] 20:20, 20:25, 27:20 responsible [13] 15:16, 21:6, 25:23, 69:6, 94:20, 116:5, 121:4, 159:15, 166:3, 166:8, 166:13, 171:7, 171:16 rest [1] - 109:13 restate [1] - 16:8 result [3] - 18:1, 18:2, 136:12 retained [1] - 151:9 retrieve [2] - 27:3, 52:19 retrieved [5] - 54:2, 54:4, 65:6, 66:22, 66:23 return [2] - 58:4, 99:9 reveal [2] - 38:14, 131:9 reverse [1] - 84:5 review [21] - 10:2, 12:20, 12:23, 13:1, 14:10, 29:25, 40:24, 41:18, 42:15, 52:25, 103:21, 123:12, 123:13, 146:11, 146:18, 146:25, 151:13, 154:10, 182:23, 182:24, 182:25 reviewed [14] - 14:6, 28:4, 28:8, 31:22, 41:10, 42:13, 141:22, 141:24, 146:12, 146:23, 147:4, 148:13, 158:24, 182:16 reviewing [2] - 31:11, 123:14 Rhode [2] - 119:11, 158:7 right-hand [3] - 59:17, 60:24, 119:1 rise [1] - 93:10 RMR [2] - 1:17, 184:21 robo [4] - 165:7, 165:10, 165:12, 165:14 robo-signing [4] 165:7, 165:10, 165:12, 165:14 row [1] - 102:22 rows [1] - 109:1 rules [1] - 113:14 run [1] - 28:12 running [1] - 49:6 S safe [2] - 127:12, 183:12 sake [1] - 180:24 sale [1] - 79:9 San [1] - 8:19 Sara [2] - 18:13, 152:2 Sarah [23] - 14:4, 14:5, 15:12, 16:10, 16:17, 57:19, 91:21, 93:13, 114:7, 124:5, 124:12, 147:15, THE REPORTING GROUP Mason & Lockhart PageID #: 202 149:9, 152:2, 158:10, 166:3, 166:4, 172:20, 172:21, 175:25, 176:2 SARAH [2] - 1:8, 1:8 saved [6] - 34:22, 65:1, 69:16, 69:25, 73:12, 78:20 Savings [2] - 157:16, 157:25 saw [2] - 41:20, 172:22 scan [1] - 64:15 scanned [5] - 36:3, 36:4, 36:19, 36:22, 121:23 scanning [1] - 36:25 scans [3] - 35:7, 36:15, 36:17 Schedule [2] - 2:13, 79:13 schedule [52] - 62:8, 62:11, 62:20, 68:16, 68:18, 69:2, 69:6, 69:15, 69:24, 70:11, 72:11, 72:22, 73:5, 73:10, 73:11, 73:19, 73:21, 74:3, 74:4, 74:6, 74:7, 74:24, 75:25, 76:7, 76:8, 76:20, 76:22, 76:24, 76:25, 77:8, 77:24, 78:2, 78:9, 78:13, 81:4, 83:10, 100:22, 101:1, 101:7, 101:9, 102:12, 102:13, 102:14, 102:17, 102:23, 105:5, 106:12, 109:5, 110:10, 143:5, 161:11 scheduled [2] - 100:3, 100:11 schedules [8] - 75:5, 75:7, 78:18, 78:22, 100:24, 101:6, 105:2, 110:2 school [2] - 7:9, 7:10 scope [20] - 6:14, 9:6, 9:20, 26:15, 38:12, 70:21, 71:2, 72:5, 116:21, 131:3, 154:15, 165:9, 166:1, 167:7, 167:8, 168:6, 168:20, 168:23, 169:9, 170:1 screen [16] - 77:21, 77:23, 83:24, 84:11, Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 203 of 207 2091 84:12, 86:8, 87:1, 87:5, 97:24, 97:25, 98:13, 106:3, 148:25, 151:8, 151:12, 151:15 screens [2] - 51:2, 146:13 scrubs [1] - 28:13 search [1] - 147:6 SEC [4] - 64:14, 64:16, 66:23 SEC's [1] - 65:14 second [11] - 13:22, 30:1, 41:24, 60:22, 73:23, 80:2, 107:3, 132:9, 153:3, 155:15, 181:20 Second [2] - 2:8, 2:15 section [1] - 119:8 secure [3] - 27:7, 55:6, 161:22 securitized [1] - 76:12 security [5] - 49:14, 49:19, 49:20, 106:25, 107:2 see [23] - 20:8, 28:9, 40:13, 47:3, 69:14, 77:21, 79:15, 82:2, 84:6, 84:8, 87:6, 87:7, 96:10, 101:5, 101:12, 101:19, 102:5, 128:18, 133:12, 133:17, 133:19, 166:19, 174:22 seeing [3] - 145:22, 148:10, 148:11 seek [2] - 129:3, 163:11 seeking [7] - 128:25, 129:10, 129:17, 129:21, 131:16, 164:24, 165:1 segment [11] - 180:23, 180:25, 181:1, 181:2, 181:11, 181:14, 181:15, 181:18, 181:20, 181:23 segments [2] - 181:9, 181:15 sell [2] - 6:16, 71:18 sells [1] - 62:5 send [9] - 23:21, 23:22, 27:7, 45:12, 56:24, 56:25, 57:2, 78:15, 138:18 sending [1] - 149:21 senior [22] - 3:12, 3:15, 3:20, 4:23, 4:25, 6:3, 8:21, 9:23, 10:10, 10:13, 10:14, 19:11, 20:7, 20:8, 20:15, 22:20, 26:21, 35:5, 66:4, 83:14, 110:13, 116:7 sense [2] - 11:17, 118:24 sent [11] - 12:22, 34:5, 34:6, 36:14, 42:3, 42:8, 60:20, 85:14, 138:20, 179:14, 181:5 sentence [1] - 125:20 separate [4] - 71:17, 131:12, 153:9, 161:10 September [6] - 5:2, 62:7, 104:1, 172:2, 172:16, 172:22 sequence [1] - 57:14 serve [1] - 10:10 server [16] - 69:16, 69:25, 70:2, 70:4, 73:15, 74:25, 78:16, 78:20, 79:3, 161:13, 161:14, 161:19, 176:12, 176:13, 176:15, 176:23 servers [16] - 13:10, 32:19, 65:2, 70:1, 73:12, 161:23, 176:15, 176:18, 176:22, 177:1, 177:6, 177:17, 177:18, 177:21 service [8] - 21:14, 21:15, 22:10, 25:15, 68:9, 78:21, 89:23, 154:4 serviced [11] - 55:17, 68:11, 68:13, 139:24, 152:3, 152:4, 152:19, 152:23, 153:2, 153:6, 171:11 servicer [26] - 8:25, 21:9, 21:12, 22:3, 22:4, 22:6, 24:11, 43:6, 46:5, 55:2, 67:19, 78:6, 91:8, 92:16, 93:18, 93:19, 115:24, 134:24, 139:11, 140:8, 140:9, 140:14, 166:10, 171:6, 176:14 servicers [2] - 92:4, 154:11 Services [8] - 21:10, 70:7, 89:9, 89:11, 133:1, 133:6, 174:22, 175:1 services [4] - 7:2, 23:15, 89:7, 89:22 servicing [18] - 21:6, 22:7, 23:13, 25:13, 25:22, 42:12, 67:23, 71:10, 91:2, 91:4, 91:13, 136:20, 140:19, 153:5, 156:20, 156:21, 179:2, 179:3 set [5] - 47:11, 88:5, 132:22, 148:17, 182:11 sets [1] - 123:1 several [5] - 52:11, 83:15, 85:20, 99:20, 108:14 share [7] - 180:20, 180:21, 181:4, 181:6, 182:15, 182:17, 182:22 shares [2] - 180:12, 182:21 SHARTLE [142] - 1:21, 5:12, 5:16, 5:20, 5:25, 6:6, 6:13, 9:5, 9:17, 9:19, 12:2, 12:6, 12:9, 15:3, 16:4, 16:7, 16:19, 17:17, 17:23, 18:14, 19:18, 19:21, 20:11, 20:18, 20:23, 21:8, 21:21, 21:25, 24:8, 26:11, 26:14, 27:12, 28:18, 28:24, 33:7, 33:22, 36:1, 37:6, 37:9, 37:22, 38:14, 38:22, 38:25, 39:18, 39:22, 51:9, 53:17, 56:11, 58:21, 59:7, 59:11, 59:21, 59:25, 60:4, 64:3, 64:5, 65:8, 66:12, 70:20, 71:1, 72:4, 72:16, 76:17, 77:4, 77:11, 81:6, 82:5, 85:25, 87:23, 91:22, 94:2, 98:4, 105:12, 105:16, 107:22, 111:7, 111:15, 112:15, 115:3, 115:9, 116:20, 117:4, 118:16, 119:3, 121:18, 122:10, 122:24, 123:24, 125:21, 126:5, 126:17, 129:23, 130:9, 130:12, 130:20, 131:2, 131:9, 131:20, 132:9, 132:12, 132:16, 132:23, 133:13, 137:4, 137:12, 139:16, 142:7, 143:7, 144:12, 145:10, 145:15, 146:1, 151:23, 154:8, 154:14, 155:7, 157:6, 157:21, 157:24, 159:3, 163:3, 163:9, 163:18, 163:25, 164:3, 164:12, 165:8, 165:25, 166:6, 167:6, 167:12, 167:18, 167:23, 168:4, 168:6, 168:11, 168:16, 168:19, 168:25, 169:8, 169:17, 169:24 short [7] - 53:22, 68:12, 72:20, 139:25, 142:10, 166:22, 171:10 shot [2] - 98:13, 106:3 show [4] - 114:11, 115:21, 132:1, 136:16 showing [1] - 62:12 shows [1] - 100:23 side [2] - 60:24, 119:1 Sig [1] - 2:14 sign [4] - 48:12, 48:13, 52:23, 53:4 signature [12] - 58:2, 58:4, 58:12, 58:15, 58:17, 60:21, 81:17, 120:2, 157:1, 157:4, 157:7, 160:13 signed [21] - 38:18, 39:10, 39:16, 39:19, 41:12, 55:20, 77:2, 93:14, 121:22, 121:23, 121:24, 124:5, 124:12, 124:13, 126:12, 126:23, 127:18, 155:19, 156:3, 165:18, 165:19 signing [5] - 165:7, THE REPORTING GROUP Mason & Lockhart PageID #: 203 165:10, 165:12, 165:14, 165:15 similar [4] - 59:2, 107:19, 132:7, 156:13 simple [1] - 45:3 simply [2] - 97:4 single [1] - 76:23 sit [3] - 87:19, 124:22, 173:25 site [5] - 27:7, 32:14, 55:6, 66:23, 161:22 sits [1] - 51:21 six [4] - 62:25, 109:1, 180:16, 181:19 sixth [1] - 63:1 social [2] - 106:25, 107:1 software [3] - 66:24, 69:11, 178:14 sold [3] - 71:7, 71:16, 78:24 solely [2] - 25:19, 52:23 Solutions [1] - 175:1 someone [3] - 41:3, 56:13, 127:7 someplace [1] - 77:24 sometimes [1] - 26:8 soon [1] - 171:13 sorry [13] - 8:7, 56:5, 60:1, 61:16, 80:23, 81:4, 98:4, 102:18, 102:22, 143:3, 143:10, 147:22, 163:14 sort [2] - 14:14, 47:2 sounds [1] - 18:16 source [2] - 25:18, 74:16 sources [1] - 176:10 space [1] - 30:24 speaking [2] - 5:23, 165:13 special [3] - 134:24, 139:11, 142:17 specialist [11] - 4:22, 4:23, 4:25, 5:1, 6:4, 10:11, 110:13, 116:8, 120:16, 120:19 specific [6] - 15:23, 19:13, 120:25, 121:2, 122:19, 173:24 specifically [7] - 7:21, 46:21, 56:1, 99:12, 118:25, 138:9, Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 204 of 207 2092 174:15 specifics [1] - 174:2 specify [1] - 93:16 speculate [4] - 11:22, 90:7, 123:6, 172:18 speculating [1] - 37:4 split [3] - 10:9, 152:10, 181:3 ss [1] - 1:2 stacked [1] - 77:19 stamp [6] - 40:11, 40:20, 40:25, 41:3, 107:5, 107:6 stamped [28] - 57:14, 59:5, 59:6, 59:13, 59:15, 59:18, 60:7, 60:23, 62:21, 64:6, 65:12, 67:4, 73:4, 77:9, 79:25, 80:17, 80:19, 81:3, 89:18, 95:2, 95:15, 99:13, 119:19, 128:5, 128:11, 142:16, 157:15, 159:11 stamps [1] - 41:1 stand [3] - 13:24, 95:10, 95:12 standard [1] - 38:19 stands [4] - 14:1, 95:7, 96:24 start [1] - 119:5 started [5] - 4:16, 4:22, 83:22, 100:8, 102:3 starting [2] - 13:16, 167:1 STATE [1] - 1:1 state [9] - 3:8, 9:15, 9:18, 15:21, 89:2, 119:15, 159:20, 182:19, 182:21 State [7] - 1:17, 61:2, 119:11, 119:15, 154:13, 158:6, 184:3 statement [13] - 43:20, 53:6, 61:6, 78:8, 81:15, 113:11, 113:12, 150:15, 150:17, 150:20, 157:3, 157:10, 160:14 Statement [1] - 2:9 states [8] - 67:7, 90:19, 119:8, 119:13, 133:9, 145:19, 161:25, 182:20 stating [1] - 44:15 status [1] - 35:14 stayed [1] - 78:23 stenographically [1] 184:9 stepped [1] - 139:10 still [11] - 12:7, 30:18, 45:20, 48:16, 70:17, 75:17, 102:1, 104:10, 142:1, 170:21, 178:7 stink [2] - 80:25, 81:8 stipulate [1] - 137:14 stop [4] - 103:6, 129:10, 129:14, 163:6 stopped [6] - 128:24, 128:25, 129:16, 162:6, 164:20, 164:23 store [1] - 161:23 stored [4] - 36:19, 121:24, 161:11, 161:13 stores [1] - 57:16 Street [1] - 1:15 stretched [1] - 77:20 strictly [1] - 35:21 strike [7] - 15:13, 79:6, 84:15, 95:3, 112:17, 116:6, 173:5 Structured [1] - 175:1 structures [1] - 68:3 student [3] - 20:17, 20:21, 79:24 STUDENT [2] - 1:4, 1:12 Student [57] - 9:1, 9:9, 14:4, 15:12, 16:9, 16:14, 18:12, 18:17, 21:20, 29:11, 29:14, 30:5, 38:21, 39:6, 39:15, 42:18, 43:8, 46:23, 48:3, 61:9, 63:4, 63:12, 63:17, 63:18, 63:19, 63:21, 63:22, 63:24, 79:19, 79:20, 79:22, 80:4, 80:6, 80:8, 80:10, 80:11, 82:15, 92:6, 108:14, 109:3, 131:16, 137:2, 137:7, 137:10, 149:19, 153:23, 154:1, 155:17, 155:21, 161:25, 162:16, 163:23, 172:10, 172:23, 175:24, 176:21, 179:1 Students [1] - 63:24 styled [1] - 111:10 subject [8] - 12:24, 16:23, 38:8, 48:3, 62:23, 116:17, 133:11, 156:2 submitted [1] - 48:1 subscribe [1] - 184:17 Subscribed [1] 183:21 subsidiary [2] - 5:14, 67:21 successful [5] 18:17, 19:1, 19:5, 164:15, 164:18 sue [1] - 117:16 sued [1] - 165:6 suggest [1] - 88:25 suggesting [2] 128:23, 148:20 suit [3] - 18:4, 147:20, 154:18 suits [2] - 10:7, 154:17 sum [2] - 128:6, 128:12 summarizing [1] 61:1 summary [9] - 27:10, 48:12, 80:16, 86:22, 100:22, 106:12, 132:25, 155:5, 155:12 Summary [3] - 2:13, 2:13, 2:19 summation [1] - 96:12 sums [1] - 19:6 SUPERIOR [1] - 1:1 supervising [1] 139:22 supervisor [1] - 12:14 supplement [8] 61:25, 62:14, 68:17, 72:23, 72:24, 73:4, 73:6, 79:14 supplements [1] 65:2 support [6] - 30:11, 80:15, 148:16, 155:10, 155:12, 156:23 supports [3] - 136:15, 136:17, 136:20 supposed [1] - 123:10 surprise [1] - 132:20 suspect [1] - 28:5 swear [1] - 85:7 switching [1] - 159:3 swore [1] - 41:25 sworn [4] - 3:3, 168:13, 183:21, 184:5 System [9] - 4:19, 5:4, 17:2, 24:6, 27:4, 42:19, 89:6, 90:14, 151:11 system [110] - 13:5, 13:16, 13:18, 13:25, 14:8, 14:16, 14:24, 15:2, 15:13, 15:20, 15:22, 22:14, 22:16, 23:2, 23:5, 26:1, 26:2, 26:6, 27:2, 27:3, 27:6, 27:9, 27:14, 27:15, 28:2, 28:10, 28:16, 32:4, 32:5, 32:7, 32:9, 34:3, 34:13, 34:16, 34:24, 35:21, 36:12, 38:2, 44:1, 45:11, 49:15, 49:16, 50:7, 50:23, 51:3, 51:17, 51:24, 51:25, 52:7, 54:16, 64:21, 64:22, 65:1, 65:7, 65:9, 69:4, 80:21, 83:25, 84:11, 84:17, 84:19, 85:15, 86:6, 87:2, 87:4, 87:16, 87:17, 87:21, 88:4, 88:5, 88:10, 88:12, 88:17, 89:13, 89:16, 91:3, 92:9, 94:12, 94:15, 96:2, 98:14, 98:23, 106:3, 106:6, 110:5, 111:25, 112:2, 112:3, 112:4, 112:8, 113:22, 136:14, 140:25, 144:16, 144:18, 148:23, 171:17, 177:24, 178:4, 178:10, 178:24, 179:2, 179:13, 179:20, 179:25, 183:1 systematic [2] - 27:25, 85:16 systems [15] - 13:9, 13:14, 13:20, 14:6, 14:10, 22:17, 23:4, 32:3, 32:10, 32:12, 35:3, 69:19, 178:20, 178:21 Systems [97] - 3:14, 3:23, 4:3, 4:4, 4:6, 4:8, 4:12, 5:7, 5:11, 5:14, 5:15, 5:19, 6:2, THE REPORTING GROUP Mason & Lockhart PageID #: 204 6:7, 6:11, 6:12, 6:15, 6:18, 6:19, 6:21, 8:5, 8:8, 8:11, 8:22, 8:23, 9:10, 9:24, 10:1, 10:6, 10:23, 11:11, 11:18, 11:20, 13:8, 15:9, 15:15, 17:3, 17:14, 18:8, 18:22, 19:12, 21:19, 22:5, 22:21, 23:1, 23:22, 29:9, 30:18, 43:7, 43:9, 48:17, 50:23, 54:17, 54:21, 54:25, 55:3, 55:5, 55:6, 65:19, 66:5, 66:6, 66:8, 67:24, 68:15, 71:8, 71:12, 71:13, 71:17, 72:9, 74:19, 74:25, 86:18, 112:22, 116:8, 135:1, 139:6, 143:24, 149:15, 150:24, 151:4, 151:5, 151:21, 160:1, 165:3, 165:6, 165:22, 167:5, 168:9, 168:15, 173:6, 173:10, 173:16, 174:18, 175:10, 176:7, 176:11, 177:22 Systems' [4] - 8:9, 70:2, 70:4, 153:11 T tagged [2] - 36:17, 67:1 tasked [1] - 176:19 team [20] - 44:8, 44:22, 44:24, 44:25, 45:2, 45:8, 46:14, 52:22, 54:7, 68:20, 68:25, 69:2, 69:5, 73:2, 74:22, 120:23, 121:4, 123:8, 158:22, 182:16 Tech [1] - 7:13 teleconference [1] 85:4 teleconferences [1] 85:5 telephone [2] - 88:16, 146:15 template [5] - 39:8, 40:1, 40:3, 40:4, 44:21 temporary [2] - 110:7, 134:9 Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 205 of 207 2093 TERI [33] - 63:12, 63:19, 79:22, 80:10, 133:24, 133:25, 134:1, 134:2, 134:7, 134:16, 134:19, 135:3, 136:12, 136:15, 136:20, 136:21, 136:25, 137:6, 137:16, 140:11, 140:19, 140:23, 141:4, 141:7, 141:12, 141:19, 144:20, 145:2, 145:9, 145:25, 147:2, 147:11, 165:23 TERI/DTC [1] - 90:8 term [26] - 33:23, 47:17, 47:18, 58:18, 59:1, 59:9, 60:6, 60:18, 95:23, 101:4, 103:4, 115:10, 119:19, 120:11, 120:13, 123:16, 125:3, 125:5, 160:15, 160:22, 161:1, 161:20, 165:10, 172:5 terminology [1] 133:21 terms [50] - 21:1, 31:8, 47:11, 47:13, 53:10, 58:1, 58:15, 93:13, 93:16, 93:17, 104:21, 104:24, 105:7, 105:22, 110:21, 120:3, 120:6, 121:16, 122:3, 122:25, 123:1, 123:9, 123:14, 123:16, 123:17, 124:3, 124:15, 124:19, 124:22, 125:6, 125:8, 125:10, 125:15, 125:25, 126:1, 127:22, 149:15, 157:8, 157:11, 158:3, 158:10, 158:13, 158:15, 160:17, 160:23, 160:25, 161:6, 161:14 testified [7] - 3:4, 103:20, 117:1, 117:2, 135:18, 142:13, 144:25 testifies [1] - 43:24 testify [7] - 30:4, 38:19, 42:1, 48:3, 51:14, 107:11, 184:5 testifying [4] - 51:6, 110:21, 133:14, 145:11 testimony [25] - 53:5, 63:17, 65:5, 67:8, 77:13, 80:6, 91:10, 96:14, 100:10, 124:14, 124:17, 127:17, 129:20, 134:6, 134:7, 153:16, 155:18, 164:16, 164:20, 164:23, 167:25, 168:13, 176:12, 177:19, 184:12 TG [2] - 102:16, 102:21 THE [2] - 59:23, 124:7 themselves [2] 111:10, 156:17 thereafter [1] - 153:5 thereby [1] - 92:11 therefore [2] - 26:23, 137:9 therein [2] - 165:16, 165:20 thereto [1] - 53:3 third [12] - 24:1, 56:15, 56:20, 79:15, 86:11, 102:15, 102:21, 102:22, 121:10, 121:11, 125:20 third-party [2] - 24:1, 86:11 Thompson [1] - 12:15 thorough [2] - 12:23, 146:18 thousand [1] - 128:7 three [8] - 35:3, 41:9, 50:1, 58:9, 62:25, 103:1, 175:18, 180:24 throughout [6] 36:22, 41:18, 42:11, 45:24, 67:22, 110:18 thumbing [1] - 13:2 THURLOW [1] - 1:8 Thurlow [27] - 2:17, 2:17, 14:5, 15:12, 16:10, 16:17, 18:13, 31:24, 34:6, 57:19, 57:25, 58:8, 91:21, 93:14, 114:7, 124:5, 124:12, 147:16, 149:9, 152:2, 158:11, 166:4, 172:20, 175:25, 176:2, 183:25 Thurlow's [4] - 34:11, 62:12, 110:19, 122:2 Tier [1] - 81:19 TIFF [1] - 35:9 timeframes [1] - 149:2 timely [1] - 42:23 title [3] - 117:8, 120:25, 155:13 today [14] - 8:16, 16:25, 22:12, 23:16, 48:5, 87:20, 107:11, 124:22, 136:24, 155:18, 155:24, 164:20, 173:25, 177:20 today's [8] - 31:20, 38:8, 40:18, 41:14, 41:19, 146:10, 148:13, 151:7 together [10] - 13:10, 23:17, 74:12, 74:14, 120:20, 128:6, 128:13, 152:3, 152:4, 152:20 took [5] - 71:5, 71:14, 72:17, 152:2, 160:20 top [12] - 57:11, 81:14, 89:4, 97:12, 106:24, 107:1, 109:1, 114:20, 151:17, 157:14, 157:17 topic [1] - 170:6 TOT [1] - 82:16 total [6] - 43:14, 82:18, 86:15, 128:7, 128:13, 150:11 totality [2] - 79:12, 100:21 totally [1] - 132:21 toward [1] - 150:19 towards [5] - 102:15, 103:22, 104:2, 114:25, 150:12 track [1] - 59:19 trade [10] - 170:12, 170:15, 170:16, 170:17, 170:18, 170:19, 170:23, 171:19, 171:25, 173:3 traded [1] - 6:19 traditional [1] - 151:15 train [1] - 144:22 trained [9] - 19:17, 50:25, 51:25, 88:16, 111:1, 111:2, 144:16, 144:18, 145:4 training [18] - 19:10, 19:15, 19:20, 23:3, 50:22, 51:16, 51:21, 51:23, 84:22, 84:25, 85:1, 85:3, 109:25, 110:25, 126:20, 134:15, 141:15, 145:1 trans [2] - 55:19, 165:24 transaction [21] 85:21, 85:23, 86:7, 87:15, 88:6, 88:9, 88:11, 88:12, 96:4, 96:6, 96:18, 97:2, 97:8, 97:9, 97:10, 102:21, 113:25, 114:18, 142:20, 146:5, 146:7 transactions [5] 21:1, 86:7, 87:16, 94:19, 138:18 transcript [1] - 139:14 Transcription [1] 184:11 transfer [8] - 24:23, 33:1, 37:15, 70:10, 79:1, 117:9, 161:14, 161:17 transferred [26] 24:20, 25:1, 32:25, 37:13, 37:19, 54:24, 55:1, 55:3, 68:15, 76:12, 78:9, 78:11, 78:13, 78:14, 91:7, 92:14, 92:17, 134:25, 139:12, 150:1, 161:21, 164:2, 164:21, 171:14, 173:1, 176:22 transfers [2] - 55:15, 62:5 transform [1] - 6:11 transition [2] - 25:6, 67:23 transitioned [2] 4:23, 5:6 transmitted [2] 99:21, 112:25 TransUnion [2] 172:6, 172:8 Transworld [114] 3:14, 3:23, 4:3, 4:4, 4:6, 4:16, 5:9, 5:14, 6:12, 6:18, 6:19, 8:4, 8:8, 8:11, 8:21, 8:23, THE REPORTING GROUP Mason & Lockhart PageID #: 205 9:9, 9:23, 10:1, 10:6, 10:8, 10:15, 10:22, 11:10, 11:18, 11:20, 13:8, 15:9, 15:15, 17:2, 17:3, 17:5, 17:14, 18:8, 18:22, 19:12, 21:19, 22:5, 22:20, 22:25, 23:8, 23:10, 23:11, 23:16, 23:19, 23:21, 23:25, 24:5, 24:20, 25:2, 25:4, 25:6, 25:11, 26:24, 27:4, 29:8, 30:18, 42:19, 43:7, 43:9, 48:16, 50:23, 54:17, 54:21, 54:25, 55:3, 55:5, 55:6, 65:18, 66:5, 70:2, 70:4, 70:11, 70:16, 70:17, 70:23, 71:8, 71:11, 71:13, 71:17, 71:22, 72:3, 72:9, 74:18, 74:25, 78:11, 78:21, 78:25, 86:18, 90:14, 112:22, 116:8, 139:6, 143:24, 149:15, 150:24, 151:4, 151:21, 153:11, 160:1, 165:3, 165:6, 165:22, 167:5, 168:9, 168:15, 173:6, 173:10, 173:16, 174:18, 175:10, 176:7, 176:11, 177:21 Transworld's [1] 71:14 travels [1] - 183:12 tread [1] - 170:16 triggers [1] - 95:19 trip [1] - 65:15 Troubh [1] - 1:14 true [26] - 39:4, 43:16, 43:24, 52:16, 52:19, 53:7, 53:25, 76:19, 99:17, 109:10, 118:7, 118:23, 119:21, 119:24, 122:7, 122:16, 122:17, 126:4, 128:17, 150:14, 152:1, 157:12, 159:15, 159:17, 165:2, 184:12 Trust [38] - 9:1, 14:4, 15:12, 16:10, 16:14, 18:13, 18:17, 21:20, 29:11, 29:14, 30:5, Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 206 of 207 2094 38:21, 39:6, 39:15, 42:19, 43:8, 48:3, 90:6, 92:7, 108:13, 109:3, 109:6, 131:16, 137:2, 137:7, 137:10, 149:19, 153:23, 154:1, 155:17, 155:22, 161:25, 162:16, 163:23, 172:10, 175:24, 176:21, 179:1 TRUST [2] - 1:5, 1:13 trust [31] - 10:2, 16:13, 19:7, 20:22, 22:9, 22:10, 23:1, 39:10, 48:25, 49:1, 49:3, 55:13, 68:3, 71:10, 74:5, 75:6, 99:21, 108:19, 108:22, 108:24, 109:9, 109:12, 109:15, 117:13, 117:15, 117:19, 134:12, 175:2, 175:5, 175:7, 175:8 trust's [2] - 80:16, 156:23 trustees [1] - 154:11 Trusts [2] - 108:15, 172:23 trusts [12] - 55:10, 68:8, 76:25, 117:9, 154:2, 154:6, 154:9, 156:17, 156:18, 170:10, 174:18, 175:3 trustworthiness [1] 94:25 trustworthy [1] 94:16 truth [3] - 184:5, 184:6 try [2] - 23:24, 124:9 trying [6] - 37:25, 60:2, 65:15, 93:24, 105:12, 158:17 TSI [54] - 22:25, 26:15, 28:16, 32:21, 32:22, 32:25, 34:13, 34:15, 34:16, 35:2, 35:19, 41:8, 42:4, 48:21, 49:14, 49:21, 50:3, 97:21, 111:25, 112:4, 112:7, 115:23, 136:19, 136:24, 142:17, 143:2, 145:4, 148:1, 148:12, 148:19, 150:6, 153:8, 156:20, 176:23, 177:13, 177:18, 178:6, 178:9, 178:24, 179:7, 179:21, 179:22, 180:1, 180:15, 180:19, 180:24, 181:4, 181:8, 183:3, 183:4, 183:5, 183:8 TSI's [4] - 33:12, 33:18, 73:12, 156:14 TSX2D [1] - 97:18 turn [3] - 98:2, 107:25, 111:18 turning [2] - 80:14, 108:2 two [32] - 11:8, 12:11, 13:20, 16:24, 31:3, 31:18, 48:20, 62:25, 63:14, 80:9, 97:3, 103:1, 106:24, 107:24, 120:9, 122:6, 127:14, 133:11, 147:15, 149:8, 149:24, 152:1, 154:21, 170:11, 170:24, 172:8, 172:15, 172:22, 173:9, 180:7, 180:15 tying [1] - 109:14 type [10] - 13:19, 81:22, 96:4, 96:6, 96:18, 97:2, 97:8, 97:10, 101:25, 152:17 Type [1] - 81:21 typed [1] - 39:20 types [1] - 142:20 typically [2] - 37:8, 41:9 U U.S [10] - 16:12, 19:7, 43:9, 48:25, 52:13, 154:2, 174:14, 174:17, 175:9, 175:22 ultimately [2] 134:25, 153:8 unaware [1] - 147:21 uncertain [27] - 11:15, 13:25, 15:4, 17:12, 17:19, 19:9, 29:5, 29:12, 39:24, 47:20, 49:13, 49:20, 56:1, 58:20, 64:18, 74:5, 77:3, 83:12, 83:18, 93:23, 106:22, 112:16, 118:11, 144:14, 165:11, 166:2, 171:11 unclear [2] - 45:20, 70:17 under [7] - 6:18, 36:19, 71:8, 71:11, 85:7, 102:1, 119:8 undergoing [1] 167:4 Undergrad [1] - 61:9 Undergraduate [3] 46:23, 63:17, 63:18 undergraduate [2] 63:23, 63:25 underlying [3] - 43:17, 43:25, 61:15 underneath [3] 69:14, 81:25, 82:17 unique [6] - 23:2, 24:5, 26:2, 49:22, 57:13, 138:7 universe [1] - 32:10 University [1] - 7:13 unlawful [1] - 137:11 unless [1] - 183:9 unorganized [1] 143:6 unpack [1] - 103:9 unsuccessful [3] 149:8, 149:11, 180:8 unsure [1] - 107:3 unusual [2] - 107:16, 107:20 up [35] - 11:3, 23:15, 25:12, 31:10, 41:5, 42:12, 44:5, 54:8, 56:7, 74:4, 76:9, 76:10, 76:21, 77:19, 86:6, 88:5, 94:10, 94:12, 101:3, 114:11, 115:21, 122:2, 125:3, 129:6, 142:3, 142:5, 152:10, 160:21, 168:21, 169:8, 181:3, 181:20, 181:23, 182:11 update [5] - 35:11, 35:14, 45:13, 49:23, 51:3 updated [1] - 114:21 upload [2] - 27:8, 55:7 uploaded [1] - 55:5 upward [1] - 97:7 uses [1] - 45:8 V vacate [1] - 148:17 validation [1] - 165:15 value [1] - 85:24 values [1] - 142:20 variable [8] - 60:25, 100:25, 105:8, 113:19, 118:25, 119:9, 119:14, 158:6 various [40] - 10:4, 11:1, 11:14, 13:7, 13:9, 13:12, 13:13, 19:9, 21:1, 23:11, 27:25, 28:13, 41:12, 45:4, 45:17, 49:19, 51:2, 51:4, 51:23, 65:2, 68:1, 70:12, 70:24, 76:24, 76:25, 93:10, 100:23, 104:14, 110:18, 113:14, 126:16, 159:20, 160:17, 160:18, 171:14, 175:3, 176:10, 179:21, 180:12, 182:15 varying [1] - 103:4 verification [10] 30:10, 30:13, 38:17, 39:4, 41:4, 43:16, 47:25, 155:18, 156:3, 165:16 verify [3] - 44:10, 100:5, 162:10 version [5] - 57:8, 158:15, 158:16, 161:3, 161:4 versus [2] - 15:12, 16:10 via [1] - 56:10 Vickie [4] - 16:18, 147:16, 175:25, 176:2 view [3] - 35:22, 89:16, 177:7 viewing [1] - 27:19 violation [2] - 174:5, 174:11 void [2] - 92:11, 134:22 VTAM [1] - 97:13 W wait [1] - 126:10 walked [1] - 51:2 Web [1] - 26:7 web [2] - 86:10, THE REPORTING GROUP Mason & Lockhart PageID #: 206 152:15 website [1] - 65:14 weeks [1] - 175:18 welcome [2] - 160:7, 172:14 wet [1] - 57:8 whereby [2] - 62:3, 93:3 WHEREOF [1] 184:17 whole [2] - 28:12, 184:5 wholly [2] - 72:3, 78:24 wider [1] - 38:12 WILLIAM [1] - 1:23 willing [2] - 85:7, 130:15 wipe [2] - 91:3, 92:8 wipes [1] - 95:18 within-named [1] 184:4 witness [15] - 9:3, 30:4, 37:23, 38:16, 91:23, 107:22, 116:21, 132:13, 132:17, 132:21, 133:15, 164:5, 167:13, 169:2, 169:6 WITNESS [1] - 184:17 witnessed [1] - 51:22 Word [3] - 45:3, 46:10, 46:12 word [6] - 26:21, 119:20, 123:25, 139:21, 139:23, 179:19 wording [1] - 122:19 words [2] - 139:2, 143:18 works [2] - 30:23, 111:3 writing [1] - 76:2 written [2] - 173:22, 175:10 Y year [8] - 3:18, 4:24, 7:6, 47:8, 67:25, 101:1, 110:4, 161:2 years [9] - 31:3, 48:20, 83:15, 141:8, 160:18, 180:8, 180:15, 182:8, 182:14 yesterday [1] - 41:22 yourself [1] - 12:11 Case 1:16-cv-00229-JDL Document 206-1 Filed 06/29/17 Page 207 of 207 2095 Z zero [5] - 90:20, 90:22, 91:20, 150:12, 150:19 zip [2] - 55:4, 160:16 THE REPORTING GROUP Mason & Lockhart PageID #: 207