1 IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
2 CIVIL COURT DEPARTMENT
3
4 FUNDSXPRESS FINANCIAL
5 NETWORK, INC.,
6 Plaintiff
7 VS.
8 GIFFORD A. DUNN,
9	Defendant.
10
11	TRANSCRIPT OF PROCEEDINGS
12
13	BE IT REMEMBERED that on the 25th day of
14	February, 2002, the above-entitled matter comes
15	on for hearing before the HONORABLE PATRICK D.
16	MCANANY, Judge of Court No. 14 of the Tenth
17	Judicial District, State of Kansas, at Olathe,
18	Kansas.
19	APPEARANCES
20
21	FOR THE PLAINTIFF:
22	Mr. Mark M. Iba and Mr. Mark D. Hinderks
23	of Stinson, Mag & Fizzell, 11181 Overbrook
24	Road, Leawood, Kansas 66207-8600; and
25	Appearances Continued

1	APPEARANCES
2	Mr. Jerry M. Keys of Winstead, Sechrest,
3	Minick, P.C., 100 Congress Avenue, Suite 800,
4	Austin, Texas 78701.
5	FOR THE DEFENDANT:
6	Mr. Brent L. Winterberg, 215 West 18th
7	Street, Kansas City, MO 64108.
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20
21
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23
24
25	REPORTED BY DENISE M. GARDNER, CSR, RPR

1	THE COURT: We're here on Case
2 No. 01CV-8333 Fundsxpress Financial Network,
3 Inc. versus Gifford A. Dunn.
4 Parties state their appearances,
5 please.
6 MR. IBA: Your Honor, Mark Iba
7 for Fundsxpress, and with me is Mark Hinderks.
8 And then we've also got Jerry Keys of Winstead,
9 Sechrest from Austin here on behalf of
10 Fundsxpress and two of Fundsxpress' executives.
11 Fred Winterberg is not back yet.
12 THE COURT: I may have jumped
13 the gun.
14 MR. IBA: He's in the witness
15 room.
16 THE COURT: We'll hold on a
17 second here.
18 Counsel, do you want to state your
19 appearance for the record. We've got
20 plaintiff's appearance.
21 MR. WINERBERG: Brent Winterberg
22 representing the defendant.
23 THE COURT: This is Mr. Dunn here
24 with you?
25 MR. WINERBERG: Yes.

1	THE COURT: All right. We're
2	here on a motion for a temporary injunction.
3	Mr. Iba, are you ready to proceed?
4	MR. IBA: I am, Your Honor.
5	We have one preliminary matter. And
6	that is we have a motion in limine because some
7	of the exhibits that we have are of a nature
8	that they contain trade secrets and
9	confidential information; and we want to make
10	sure that to the extent they're entered into
11	the record that they're sealed. We brought
12	with us some envelopes to keep them sealed, but
13	just want to make sure that we could have that
14	sort of protection.
15	THE COURT: Mr. Winterberg, any
16	objection to the motion?
17	MR. WINERBERG: No, Your Honor.
18	THE COURT: That motion is
19	sustained.
20	MR. IBA: Thank you.
21	THE COURT: Do you have a form of
22	order that you prepared in that respect?
23	MR. IBA: I do. Here we go.
24	THE COURT: It's exhibits 13
25	through 21?

1	MR. IBA: Yes.
2	THE COURT: Let me return this
3	order to you for filing so we don't get it lost
4	in all of the paper here.
5	THE COURT: All right. Now, are
6	we ready to proceed on the temporary
7	injunction?
8	MR. IBA: We are.
9	Your Honor, we have submitted a brief
10	that I think adequately describes what the case
11	is about, so I'm willing to dispense with any
12	opening statements.
13	THE COURT: Mr. Winterberg.
14	MR. WINERBERG: No statements,
15	Your Honor.
16	THE COURT: All right. You may
17	call your first witness.
18	MR. HINDERKS: Call, Your Honor,
19	call Mr. Dunn to the stand.
20	THE COURT: Mr. Dunn, if you'll
21	come forward.
22	GIFFORD A. DUNN,
23	the Defendant being first duly sworn, testified
24	under oath as follows:
25	DIRECT EXAMINATION

1	BY MR. HINDERKS:
2	Q. Would you state your name and
3	address for the Court?
4	A. Gifford A. Dunn, the address is 15001
5	Rhodes Circle, Lenexa, Kansas.
6	Q. And were you formerly employed by
7	Fundsxpress?
8	A. Yes.
9	Q. And during what period of time?
10	A. From December 1998 until November,
11	end of November, 2001.
12	Q. And did you become employed by a
13	company called Digital Insight?
14	A.	I did.
15	Q.	What period of time were you employed
16	by them?
17	A.	From October 31st to -- I'm no longer
18	employed.
19	Q.	Approximately how long ago did you
20	cease employment?
21	A. A week, 10 days.
22	Q. All right. And you went to -- you
23	became employed for Digital Insight at the
24	beginning of October 2000 -- excuse me, the
25	beginning of Nove ber 2001?

1	A. Correct.
2	Q. Okay. And, Mr. Dunn, I would like
3	to ask you about some communications that you
4	had with, or may have had with Digital Insight.
5	And I would like to at this time take you
6	through a series of exhibits in that regard.
7	Your Honor, may I approach the
8	witness?
9	THE COURT: You may.
10	Q.	Let me ask you first about Exhibit 8.
11	Is this an email originally sent from
12	you on November 12, 2001, to Eric Edwards and
13	it has a reply from Eric Edwards at the top
14	back to you?
15	A. Yes, it is.
16	Q. Okay. And your email of October -
17	or excuse me, of November 12, 2001, says
18	"pricing sheet attached." You don't know where
19	you got this, that was the message that you had
20	of Mr. Edwards?
21	A. That I what?
22	Q. That was the message that you had to
23	Mr. Edwards?
24	A. Yes.
25	Q. And had you attached as an attachment

1	to that email the pricing sheet of Fundsxpress?
2	A. Yes.
3	Q. Let me hand you Exhibit 13.
4	Is that the pricing sheet information
5	that you provided to Mr. Edwards?
6	A. It looks to be one in the same, yes.
7	Q. Who's Mr. Edwards?
8	A. He was -- he is a regional sales
9	manager for Digital Insight, my immediate
10	superior.
11	Q. He was your immediate superior during
12	the time you worked for Digital Insight?
13	A. Yes, sir.
14	Q. Did Mr. Edwards ask you to provide
15	that information?
16	A. This specific information?
17	Q. Yes.
18	A. No.
19	Q. Did Mr. Edwards ask you to provide
20	some general information about Fundsxpress?
21	A. There were times when he asked if I
22	had information that was more or less of a -
23	really wasn't a direct asking for the
24	information. It was more of as general
25	innuendo. If yoa have information, we would

1	appreciate knowing it.
2	Q. All right. When you sent this
3	information to Mr. Edwards, did he indicate to
4	you that you should not provide it to him or in
5	anyway discourage you from providing further
6	information?
7	A. No. You see his response there in
8	the email.
9	Q. All right. Let me ask you about
10	Exhibit 10.
11	Is that another email from you to Mr.
12	Edwards?
13	A.	It is.
14	Q.	And what was the date of this?
15	A.	November 30th.
16	Q.	2001?
17	A.	Correct.
18	Q.	And there's another attachment there
19	indicates DW Tutorial, an attachment that you
20	provided to Mr. Edwards?
21	A. It was.
22	Q. And what was this document?
23	A. It was a tutorial of a description of
24	the dynamic web site.
25	Q.	Let me ask you to look back at

1	Exhibit 10.
2	That email is an email from yourself
3	at the office of yourself at home, isn't it?
4	A. Yes, sir.
5	Q. Now, look at Exhibit 11. Is that the
6	email by which you forwarded the same
7	attachment on to Mr. Edwards?
8	A. It is.
9	Q. All right. Sir, now please take a
10	look at Exhibit 14.
11	Is that the dynamic website tutorial
12	that you forwarded to Mr. Edwards as indicated
13	in Exhibit 11?
14	A. I assume that it is. I was never
15	able to open it on my Fundsxpress computer, nor
16	was I able to open it on my home computer.
17	Q. But you believe that the information
18	was sent?
19	A. I have reason -- I have no reason to
20	believe it is not.
21	Q. Okay. On Exhibit 11, if you would
22	take a look at that, please.
23	Response back from Mr. Edwards was
24	what? What did he say to you?
25	A.	Talking about 11?

1	Q	Yes.
2	A.	I don't see a response there.
3	Q.	At the top?
4	A.	Oh, I'm sorry. Yes, that is his
5	response.
6	Q.	And he says, "Interesting, thanks for
7	the goods."
8	A. Yes.
9	Q Again, he did not tell you he didn't
10	wish to see this information?
11	A. No.
12	MR. WINERBERG: I don't seem to
13	have 11.
14	Q. Mr. Dunn, now I would ask you to take
15	a look at Exhibit 19.
16	A. Okay.
17	THE COURT: Isn't 14 the
18	tutorial that you just identified.
19	MR. IBA: 15 is the tutorial
20	THE COURT: 14 is the tutorial?
21	THE WITNESS: You have two item
22	14's.
23	MR. IBA: I mislabeld the
24	tutorial. It should be 15.
25	MR. HINDERKS:	We've already

l	marked -- identified 14. Let's make this 14-A.
2	Q. Let's look at 19-A then.
3	Is this another group of emails from
4	you to Mr. Edwards on November 14 of 2001?
5	A. It is.
6	Q. And what is this; what does this
7	email -- that email concern?
8	A. Metavante, M-e-t-a-v-a-n-t-e, bill
9	pay.
lO	Q. Let's start in reverse order. Let's
ll	start with the one at the bottom. Mr. Edwards
12	to you, 10:93 a.m., November 14.
13	Was that an email that he initiated
14	to you to ask questions about Fundsxpress
15	pricing?
16	A.	Yes, sir.
17	Q.	Did you do anything to prompt that
18	with him?
19	A.	No.
20	Q.	And what is the essence of what he
21	was asking you for there?
22	A. He was asking if Fundsxpress was
23	leading with the Princeton Pay product, if so,
24	what the price was, and any information I had
25	on Metavante pricing, as well as information I

1	had on cash management fees.
2	Q. This would have been information that
3	you would have acquired while at Fundsxpress;
4	in fact, you were still at Fundexpress?
5	A. That's correct.
6	Q. And then you responded at 7:52 -
7	well, it indicates 7:52 a.m. in the middle of
8	the page, but was that response after his
9	initial inquiry?
10	A. Yes.
11	Q. The time clock on your computer must
12	be somewhat different?
13	A. That happens a lot.
14	Q. Okay. All right. You provided
15	information and then he had a follow-up
16	question, which was the second email appearing
17	on the page?
18	A. Correct.
19	Q. And you responded to that question?
20	A. I did.
21	Q. Okay. And all of that exchange was
22	initiated by Mr. Edwards?
23	A. Correct.
24	Q. Was all this information that you
25	had, was that confidential information of

1	Fundsxpress?
2	A. Yes.
3	Q. All right. Let's look quickly at
4	Exhibit 16.
5	Again, looking at these in reverse
6	order, looks like there are 3 or 4 messages on
7	this printout here. Starting with the last
8	one, was this another email exchange initiated
9	by Mr. Edwards to you, this one being on
10	December 10, 2001?
11	A Yes, it was.
12	Q. What information was he looking for
13	this time?
14	A. He was -- as the message indicates,
15	wants to tap my knowledge about information
16	that John Burns had told a 4 bank holder group
17	in Arkansas concerning Caltell (ph).
18	Q. Who's John Burns?
19	A. He is CEO of Fundsxpress.
20	Q. So he was looking for inside
21	information about Mr. Burns plans or
22	strategies?
23	A. Correct.
24	Q. And you then responded with what you
25	knew about that, and off in the middle of the

1	first page of this exhibit, including some
2	information about how many live interfaces that
3	Fundsxpress had operating?
4	A. That is correct.
5	Q. And was that confidential
6	information?
7	A. Yes.
8	Q. All right. Exhibit 17, can you
9	identify this for us, please?
10	A. Yes. It's an email that I sent to
11	Eric Edwards.
12	Q Was this something Mr. Edwards had
13	asked for?
14	A. Yes.
15	Q. What was it that you were -- provides
16	in here a lead for a bank in Minnesota. Where
17	did you obtain the lead?
18	A. From Fundsxpress.
19	Q. And there are -- there's some
20	information here about that bank, Security Bank
21	and Trust in Glencoe, Minnesota. Down at the
22	bottom it says ITI shop and it says in capitals
23	IB, comma, capital BP, comma, web services.
24	What is that information?
25	A.	ITI would be the core processor; the

1	bottom would be the services they were looking
2	for, which would be internet bank pay and web
3	service -
4	THE COURT: Excuse me, slow down
5	just a little bit. If I'm having a hard time
6	understanding you, I'm sure our court reporter
7	is.
8	A. No problem. The information ITI would
9	be the core processor; the IB would be interim
10	net banking; PB would be bill pay and web
11	services.
12	Q. How would you have -- where would you
13	have obtained that information?
14	A. I believe it was set out from the
15	inside sales group.
16	Q. At Fundsxpress?
17	A. Correct.
18	Q. And then Mr. Edwards thanked you for
19	that information in response?
20	A. Yes.
21	Q. I have a couple more of these.
22	Exhibit 19. Have you looked down at the bottom
23	of that page? There's an email from Eric
24	Edwards to a Dale Walker, a John Dorman, a
25	Kevin McDonald, and then there's some

1	information below concerning Fundsxpress. Do
2	you see that?
3	A. I do.
4	Q. The information below there from
5	Fundsxpress, had you provided that information
6	to Mr. Edwards?
7 A.	No.
8 Q.	You had not?
9 A.	No.
10 Q.	All right. Do you know where it came
11 from?
12 A.	I do not.
13 Q.	Who are Dale Walker, John Dorman, and
14	Kevin McDonald?
15	A. The executive management team of
16	Digital Insight.
17	Q. Do you know where else, other than
18	you, that Mr. Edwards would have acquired this
19	information about Fundsxpress?
20	MR. WINERBERG: I object to
21	that, Your Honor. I believe it would violate
22	Mr. Dunn's non-disclosure agreement with
23	Digital.
24	MR. HINDERKS: Your Honor, we
25	contend that the non-disclosure agreement with

1	Digital could not possibly protect information
2	that was confidential to our client,
3	Fundsxpress.
4	THE COURT: Mr. Dunn, could I
5	see the exhibit?
6	THE WITNESS: Sure.
7	THE COVRT: Do you recognize the
8	information in this email as confidential to
9	Fundsxpress?
10	THE WITNESS: Yes.
11	THE COURT: Objection is
12	overruled.
13	MR. HINDERKS: All right.
14	Q. Do you remember the question?
15	A. Would you repeat it again, please.
16	Q. Yes. Do you know or have any idea
17	where this information came from?
18	A. Not directly. There is several
19	employees who used to work for Fundsxpress that
20	are currently working for Digital Insight that
21	would also, could also be a source of this
22	information.
23	Q. Do you have any information as to any
24	other employees of, or former employees of,
25	Fundsxpress who have provided Fundsxpress

1	information to Digital Insight?
2	MR. WINERBERG: I object to
3	that, Your Honor, as I believe it is going to
9	require Mr. Dunn to violate his non-disclosure
5	agreement with Digital Insight Corporation.
6	MR. HINDERKS: We have the same
7	position on that, Your Honor, if it is
8	Fundexpress information then.
9	THE COURT: You're asking the
10	names of employees; is that right?
11	MR. HINDERKS: Yes.
12	THE COURT: You're not suggesting
13	that the names of employees is a trade secret,
14	are you?
15	MR. WINERBERG: Well, I'm
16	suggesting that telling who has what
17	information possibly could be considered trade
18	information.
19	THE COURT: But the information
20	we're talking about is information not
21	identified as proprietary to Fundexpress?
22	MR. WINERBERG: That's correct.
23	THE COURT: All right.
24	Objection is overruled.
25	A. There are two other individuals who

l	used to work for Fundsxpress that are current
2	employees of Digital Insight that this
3	information could have come from
9	Q. And who's that?
5	A. One being Ron Goffman, the other
6	being Steven Crane.
7	Q. Okay. And are you aware of any
8	confidential information of Digital Insight
9	that either of those employees, or any others
10	for that matter have, in fact, provided to any
11	representatives of Digital Insight?
12	A. Yes.
13	Q. Okay. Can you explain that?
14	A. Yes, I can. One of the individuals
15	as the Fundsxpress goldmine database.
16	Q.	Okay. Who are you talking about
17	here?
18	A.	Ron Goffman.
19	Q.	Can you spell that for the Court
20	reporter.
21	A.	G-o-f-f-m-a-n.
22	Q.	All right. And can you elaborate on
23	what the Fundsxpress goldmine database is?
24	A. It is a database of information on
25	corrent costomers, potential costomers. it's

1	basically populated -- the feeds are populated
2	by information from the Thompson's directory,
3	banking directory.
4	So there would be information in
5	there that is published, information on credit
6	unions, savings and loans, and banks. But the
7	other fields are also populated by Fundsxpress
8	employees.
9	Q. As, for example, as Fundsxpress
10	people would make sales calls or other contacts
11	with these prospects they would put in
12	information relating to their efforts and/or
13	the amenability of those customers to products?
14	A. That is correct.
15	Q. Okay. And so that sort of
16	information would be considered confidential.
17	A. Yes.
18	Q. How did you find out that Mr. Goffman
19	had this information?
20	A. I was told that at the annual sales
21	meeting in January.
22	Q. And how was that; how were you told?
23	A. It came up in the context we were
24	doing some brainstorming as to how to
25	aggressively go after "net z" costomers -

1	they're another internet banking company that
2	is in financial difficulty and their customer
3	base is in turmoil -- and we were brainstorming
4	ways of going after these accounts and that is
5	when I found out and Ron Goffman had the data
6	base.
7	Q	Was this in a sales meeting?
8	A.	Yes, sales meeting environment, yes.
9	Q.	Who all was present?
lO	A.	In our little group, my boss, Eric
11	Edwards, John Reingel, and Ron Goffman.
12	Q. Who's John Randall?
13	A. Reingel, R-e-i-n-g-e-l, he is another
14	Digital Insight sales rep located in Iowa, part
15	of Eric's team.
16	Q. All right. And so Mr. Goffman simply
17	announced that he had this database?
18	A. Correct.
19	Q. What was the context? How did that
20	come up?
21	A. He could provide information,
22	particularly in the midwest states, for tapping
23	the knowledge that he had of the goldmine
24	looking for "net z" clients.
25	Q.	Did Goffman indicate how he had

1	obtained the information?
2 A. I asked the question how he got it
3 and apparently he was able to keep his
4 Fundsxpress computer after he was terminated.
5 Q. Okay. Did Mr. Edwards or anyone else
6 seem surprised at Mr. Goffman's statement?
7 A. No, Mr. Edwards knew he had it.
8 Q. Okay. Do you know if others, other
9 than Mr. Edwards, knew that he had this
10 information?
11 A. I'm not aware of anybody above Mr.
12 Edwards, no.
13 Q. Okay. Are you aware of any other
14 information that -- we're talking about
15 Fundsxpress's goldmine database -- that found
16 its way into the hands of Digital Insight?
17 A. Correct.
18 Q. Are you aware of any other
19 information of Fundsxpress that found its way
20 into the hands of representatives of Digital
21 Insight?
22	A.	Not that I have direct knowledge of,
23 no.
24	Q.	Other than the items we have talked
25 about today?

1	A. That's correct.
2	Q. Okay. And this goldmine information
3	was information about the customers and
4	contacts or prospects of Fundsxpress?
5	A. Correct. If I may also add -
6	THE COURT: Yes.
7	A. What my lawyer just handed Mr. Iba
8	was sent to me by Ron Goffman as a result of
9	those conversations at the sales meeting. It
10	is a printout of basically the three states
ll	that I was covering for Digital Insight, which
12	is basically a goldmine database dump.
13	Q. All right. Just to be clear, we
14	probably should mark this as an exhibit, and,
15	Your Honor, we would also move to expand the
16	motion in limine to cover this information as
17	confidential.
18	MR. WINERBERG: No objection,
19	Your Honor.
20	THE COURT: The order said
21	exhibits what through what?
22	MR. IBA: 13 through 21.
23	THE COURT: Let's make this
24	Exhibit 19-A, that way it is covered.
25	(Plaintiff's Exhibit Nos. 19-A and

1	19-B was marked by the reporter for
2	identification.)
3	MR. HINDERKS: We have marked
4	that collection of documents as Exhibit 19-A,
5	and we'll mark the envelope that it came in as
6	Exhibit 19-B. I'll ask to confirm these
7	things.
8	A. Yes.
9	Q. Is Exhibit l9-A the set of three
10	printouts that you received from Mr. Goffman
11	that you just described?
12	A. It is.
13	Q. And Exhibit 19-B is the envelope
14	showing Mr. Goffman's return address where he
15	sent them to you?
16	A. It is.
17	Q. Okay. When you went to work for
18	Digital Insight, did you discuss with Mr.
19	Edwards or anyone else that you had a
20	confidentiality agreement with Fundsxpress?
21	A. Yes. They were more concerned that I
22	didn't have a non-compete than they were
23	confidentiality.
24	Q. Okay. But Mr. Edwards certainly knew
25	that you had a confidentiality agreement at the

1	time you were communicating with him and the
2	emails and matters we have talked about today?
3	A. Yes.
4	Q. Who did Mr. Edwards report to?
5	A. Vinny Brennan, B-r-e-n-n-a-n, VP of
6	sales and marketing.
7	Q. What was Mr. Edwards title?
8	A. At the time I was hired regional
9	sales manager, they've since been promoted to
10	regional VP's, regional vice-presidents.
11	Q. Okay. Did you report to anybody
12	during your tenure there other than Mr.
13	Edwards?
14	A. No.
15	Q. Did Mr. Edwards know that you were
16	still on Fundsxpress payroll, still working for
17	Fundsxpress when you started with Digital
18	Insight?
19	A. The day I started, no, but
20	subsequently we had a conversation about it,
21	yes.
22	Q.	How much subsequently?
23	A.	Probably two weeks.
24	Q.	Okay. So maybe midway through
25	November of 2001 he knew you were still working

1	for Fundsxpress?
2	A. Yes.
3	Q. Did he say anything about that?
4	A. He voiced some concern about it, but
5	didn't seem overly concerned.
6	Q. Didn't tell you to go and tell
7	Fundsxpress about the situation?
8	A. No.
9	Q. And he didn't tell you to quit
10	Fundsxpress immediately?
11	A. No.
12	MR. HINDERKS: Your Honor, may
13	I take -
14	A. Let me correct that. It was a little
15	longer than two weeks. It was more toward
16	actually the end of November, first of December
17	that he would have been knowledgeable of that
18	information.
19	Q. Do you recall an occasion that you
20	can anchor the date with?
21	A. I'm sorry, really can't. Daily
22	conversations about a lot of things.
23	Q. Do you recall if it was in person or
24	by phone?
25	A	No, it was by phone.

1	Q. All right.
2	A. Definitely by phone.
3	Q. Is Mr. Edwards still employed at
4	Digital Insight?
5	A. As far as I know, yes.
6	MR. HINDERKS: Your Honor, may
7	I take a brief moment?
S	THE COURT: You may.
9	Q. Did Mr. Brennan know -- do you have
10	any information that Mr. Brennan either knew or
11	didn't know of this information that you were
12	providing to Mr. Edwards?
13	A.	No.
14	Q.	Don't know?
15	A.	I don't know one way or another.
16	Q.	All right.
17	A.	I would seriously doubt that he would
18	have that knowledge.
19	Q. Why do you say that?
20	A. He's very high level, doesn't really
21	get involved very much with the field staff.
22	Q. Were you aware that any of this
23	information made it on to Digital Insight's
24	internet?
25	A.	I believe the pressings did, yes.

1	Q. Who would have access to Digital
2	Insight's internet?
3	A. All employee of Digital Insight.
9	Q. If Mr. Brennan -- for that matter,
5	anybody else at Digital Insight checked their
6	internet they would have realized that
7	Fundsxpress pricing was circulated throughout
8	the company?
9	A. That's -- yes, that's correct, but
10	that's not unusual.
11	Q. Okay.
12	A. There's pricing information out
13	there, a lot of different vendors, not just
14	Fundsxpress.
15	Q. Digital Insight's net pricing
16	information from a lot of different vendors?
17	A. Yes.
18	Q. Mr. Dunn, on Exhibit 14, which we
19	asked you about earlier -
20	A. Yes.
21	Q. -- it's not 14, it is 19-A. Down at
22	the bottom the message off the bottom of the
23	page, the from is Eric Edwards, sent Wednesday,
24	November 14, and it says to give Dunn and
25	then -- but the name, the address is offset a

1	little bit. Was there another name there?
2 A.	That I don't know.
3 Q.	You don't remember that?
4 A.	I don't remember if it was or not.
5 Q.	All right.
6 A.	Sorry.
7 Q.	All right.
8	MR. HINDERKS: I think that is
9	all we have for now, Your Honor. I think we
10	would like to take a brief recess.
11	THE COURT: Before there's any
12	cross-exam, is that okay, Counsel?
13	MR. WINERBERG: Yes, Your
14	Honor.
15	THE COVRT: We'll take a brief
16	recess. Let me know when you are all ready to
17	resume.
18	Are you offering any of these
19	exhibits, Counsel?
20	MR. HINDERKS: Yes, we do wish
21	to offer exhibits -
22	THE COURT: Are you offering all
23	of them?
24	MR. HINDERKS: Yes, we're
25	offering all the exhibits that have been

1	referred to.
2	THE COURT: Any objection?
3	MR. WINERBERG: We object to
4	19 -- I'm sorry, objecting to exhibits 19-A and
5	19-B, in that we believe that they violate Mr.
6	Dunn's non-disclosure with Digital Insight
7	Corporation.
8	THE COURT: Well, do I understand
9	that the goldmine database is proprietary
10	information of the plaintiff?
11	MR. WINERBERG: Yes.
12	THE COURT: All right. That
13	objection is overruled.
14	THE COURT: Any other objections?
15	MR. WINERBERG: No, Your Honor.
16	THE COURT: All right. Then
17	exhibits 8, 13, 10, 11, 19, 14-A, 16, 17, 19,
18	19-A, and l9-B are received. We'll take a
19	short recess. Let me know when you are ready
20	to proceed, Counsel.