In The Matter Of: Caffrey vs. Gladwin Community Schools, et al.

BRADLEY WITHROW May 29, 2013

Mid-Michigan Reporting LLC 1606 W Carpenter St Midland MI 48640 (989)835-9171

Min-U-Script with Word Index

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1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Reported by: 24 25
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STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF GLADWIN

PHILIP CAFFREY, Plaintiff/Counter-Defendant, vs. GLADWIN COMMUNITY SCHOOLS, GLADWIN COMMUNITY SCHOOLS BOARD OF EDUCATION, SALLY HIGHTOWER, KELLY GOWER, GREG ALWARD, TREVOR GRAVELLE, BRAD WITHROW, LISA SCHWAGER, LINDA WINARSKI, RICK SEEBECK, JULIE A. SHEARER, jointly and severally, Defendants/Counter-Plaintiffs. ______________________________________/ File No. 12-6665-CZ

DEPOSITION OF:

BRADLEY WITHROW

May 29, 2013, at 1:55 p.m. 401 West Cedar Avenue, Gladwin, Michigan

APPEARANCES: For Plaintiff/ Counter-Defendant: For Defendants/ Counter-Plaintiffs: ALSO PRESENT: CLINE CLOSE DYER BY: KURT N. HANSEN (P14622) O'NEILL WALLACE & DOYLE BY: DAVID A. WALLACE (P24149) PHILIP CAFFREY DIANE KRAYNAK, RPR, CRR, CM, SCC Certified Shorthand Reporter 2122 (989)835-9171 Fax: (989)835-6064

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----------------------------------------------------------------EXAMINATION INDEX ----------------------------------------------------------------PAGE Examination By Mr. Hansen 3

----------------------------------------------------------------EXHIBIT INDEX -----------------------------------------------------------------

(No exhibits marked.)

BRADLEY WITHROW, having been first duly sworn, testified on his oath as follows:

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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Q A Q A Q A BY MR. HANSEN: Q A Q A Q Would you state your name for the record, please. Bradley Withrow. And how old are you? 44. And how long have you been on -- well, you are a member of the School Board? I am. And how long have you been a member? About a year and a half. October -- or September. EXAMINATION

And are you an officer on the Board? Yes. And what is that? I am a secretary. So you're the one who takes the minutes, is that right? No. Okay. What does the secretary do then?

I just take notes of the meeting. You take notes, and then what do you do with the notes? I turn them over to Julie. And then she types up the minutes after that? I don't know that for sure. that. Do you know how the minutes are prepared then?
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I'm assuming but I can't assume

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4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A Q A Q A Q A Q A Q A Q I do not know formally. Okay. I know I just make notes.

But somebody uses those notes then in order to put

together the minutes, right? I don't know that for sure. Okay. But the purpose of you taking the minutes is so

somebody can type up the minutes, right? I just take the notes. Okay. And you took the notes at the December 24th meeting?

I believe that to be true. Do you still have those notes? No. And what happened to them? I don't keep any of the notes. These are written notes? They are, yes. You don't take them on a computer or anything like that? I have. Do you know if you did that on December 24th? I don't know. Is there a way that you can check that? I don't. Not that you're aware of, right? I don't. Okay. Now, back in May of last year Mr. Caffrey had filed a I hand them off.

lawsuit against the Board, and you were served with that,
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5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A A Q A Q A Q A Q A Q Q A Q A Q A correct? The lawsuit pertaining to? The FOIA requests for the phone records. I don't know if that's what it was pertaining to. I don't

know what you're -- I don't know what you're asking, I guess, is my question. Okay. Well, Roger Savin, the police officer, went up to you

and said, here's this lawsuit, correct? There was a gentleman who came to my house and gave me some papers. Okay. filed? I have no clue. You didn't read it? No. What did you do with it? I called Rick. Okay. And what did you do then? Did you have a And this was the complaint that Mr. Caffrey had

conversation with him? I gave them to Rick. And what did he say? Thank you, I'll take care of it. Was there any discussion as to what was going to be done with this lawsuit? I don't believe so.
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6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Q A Q A Q A Q A A Q A Q A Q A Q A Q Was there any discussion about the merits of the lawsuit? I don't believe so. And you don't even recall reading the lawsuit? Not when it was given to me, no. Did you at any time read it? I don't recall. Is that somewhat unusual, that if the Board is getting sued over a Freedom of Information Act, that you wouldn't read the complaint? MR. WALLACE: Form and foundation.

Answer if you can, please. I don't know. It's not unusual for you? I'd never been in that situation, so I don't know what normal is. Did you discuss this lawsuit with anyone on the Board? Uh-uh. No? (No response.) You have to answer yes or no so she can take it down. No. It was never raised at a work session? When -- I'm trying to recall, and I really don't recall. But I'm sure we did. I don't recall any specifics.

Well, part of the allegation is that Mr. Seebeck was not

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7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A A Q A Q A Q complying with the Freedom of Information Act. Isn't that

something that would be of interest to the Board, whether he was following the law or not? MR. WALLACE: Excuse me, don't answer yet.

I'm going to object to form and foundation, and I think you're mischaracterizing the facts and the law. But go ahead and answer the question if you can. Can you restate that again, please? Yes. Wouldn't it be unusual that the Board would not be

concerned about Mr. Seebeck -- I mean, he was being accused of not following the FOIA law, the Freedom of Information law. Isn't that something that would be of concern to the

Board, whether he was complying with the law or not? MR. WALLACE: Same objection.

Please answer if you understand the question. I believe it would be. Okay. But you have no memory of any discussion by the Board

whatsoever. Specifically, no. There was no deliberation as to what to do about this lawsuit? I'm just getting confused because there's been so many lawsuits that I -- I -- I -- they could easily run together. Well, there are two lawsuits involved. One had to do with Do

the Freedom of Information Act concerning phone bills.

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8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q answered. Go ahead and answer if you can, please. I believe I already said I believe so. Okay. But you don't recall whether or not there was any Q A Q Q A Q again. you recall that one? MR. WALLACE: Excuse me, I'm going to object The issue was phone

You're mischaracterizing it.

logs, not phone bills. And, secondly, the Court has already ruled that that lawsuit was unfounded; it's been dismissed in favor of the defendants and with prejudice to the plaintiffs. Do you recall that lawsuit? I recall that. Okay. And the second lawsuit had to do with FOIA requests

and then some issues about whether or not the Open Meetings Act had been complied with. Okay. Now, the first one, of which you were served, the issue involved was whether or not Mr. Seebeck was violating the Freedom of Information Act, -MR. WALLACE: Object -Do you understand that?

-- and the question is whether or not, you know, that is something that is of importance to the Board. MR. WALLACE: Form and foundation, asked and

discussion by the Board either at a meeting or outside of a

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9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Okay. A Q A A Q Q A Q A A Q A Q A Q meeting. Concerning the first lawsuit? Yes. I -- I don't recall specifics right now. Do you recall anything about it? I don't. Okay. Now, who decided that this matter should be turned I really don't.

over to the insurance company? The matter that we are speaking about, what -- I'm not following your question. The first lawsuit. I -- I don't know. Did any member of the Board direct the superintendent to do that? I wouldn't know the answer to that. I'm going to show you what is marked as Seebeck No. 2. Have you ever seen that document before? (No response.) You can forget about the coloring stuff on there. But it is pretty. I can't say that I have or haven't. Does that appear to be an insurance contract? MR. WALLACE: Form and foundation. The first lawsuit.

Answer if you can, please. I don't know what it is.

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10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q Q A A Q Q A Q A Q A Q A Q Okay. that. You're going to ask me without my glasses on, right? get my glasses? Sure. Absolutely. Can I I want to show you Paragraph B(1) and ask you to read

Turning 44 stinks. Braggart. B(1)? Yes. Okay. And you can just read it to yourself. Okay.

Now, assume that this is the contract that the School District has with SET SEG, all right? Okay. When it says "member" up there, that means the School District, correct? MR. WALLACE: Object, form and foundation.

Go ahead and answer if you can. I'm supposed to assume that "member" means the School District? Well, from what you just read -MR. WALLACE: You don't have to assume anything.

Form and foundation. Isn't that what it says? It says: Okay. "Member means the School District".

Then read D(3) to yourself.

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11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Q A Q Okay. So who is it that's supposed to notify the insurance company, from that paragraph? MR. WALLACE: It says the member. All right. Correct? According to that, yeah. Now, did the Board ever authorize Mr. Seebeck to notify the insurance company? MR. WALLACE: Form and foundation. And the member is the School District, right? Form and foundation.

I honestly don't recall. Do you ever recall deliberating at a public meeting or a nonpublic meeting with anybody, you know, whether or not they should designate him to inform the insurance company? I don't recall. The decision to inform the insurance company or decide to settle the lawsuit or anything else of that particular nature would be with the Board, wouldn't it? MR. WALLACE: foundation. You can answer. I -- I believe so. And you're not aware, if I'm hearing you correctly, of any deliberations by the Board whatsoever and any decision by
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I'm going to object, form and

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12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q Q A Q A Q A Q A A Q A Q the Board to have Mr. Seebeck contact the insurance company. I honestly can't recall. It would be reflected in the minutes if it happened at a public meeting, correct? The minutes would reflect that. Now, at the meeting on December 24th, that was certainly unusual, wasn't it, to have a special meeting on Christmas Eve? We posted a meeting; we had a meeting. The time would have been unusual, correct? I don't know what that would mean, "unusual". had a posting; we attended. How did you find out about the meeting? I honestly don't remember. Somebody would've contacted you? There was a contact. Okay. was? Prior to the meeting? Yes. I don't believe so. The minutes of that meeting indicate that there was a resolution offered by Sally Hightower that was seconded by Lisa Schwager to enter closed session for various purposes. You were the one who was taking the notes, is that
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I don't -- we

Did they tell you what the purpose of the meeting

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13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q request. Q A Q A Q right? Um-hum. Do you recall if Lisa Schwager in fact did second that motion? I don't recall. We have a tape of the meeting, and it indicates that nobody seconded it. MR. WALLACE: Do you understand that? MR. WALLACE: If you have a tape of the meeting, Excuse me. Stop right here.

that's a subject of my discovery request and you haven't turned it over to me, so I'm going to object to any reference to a tape of any meeting, and the basis is that there's no foundation and at this point it's neither credible or admissible. But go ahead, as long as my objection is preserved. And I'll expect you to give me a copy of that tape and any other recordings that you have that are -MR. HANSEN: MR. WALLACE: We will. Well, you didn't and you haven't.

And I've written you twice. MR. HANSEN: The 28 days hasn't run yet on your

We named it in the exhibits, and you requested it

and you'll get it. But, in any event, back to the question that's involved.
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14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. A Q A Q A Q A Q period. Was Mr. Wallace there? At that meeting, no. Do you recall who went into closed session with you? I don't understand the question that you're asking. Well, there's a roll call of the people who were there. many people went into the actual closed session with you? Does the minutes reflect that? I don't remember. How A Q We have a tape that indicates that that wasn't true. Does that jog your memory at all as to whether or not Lisa Schwager seconded this motion? MR. WALLACE: Form and foundation.

Answer the question if you can, please. I don't recall. Okay. Now, was there any written legal opinion about

anything that you were considering at this meeting? MR. WALLACE: Don't answer the question. That's

attorney/client privilege. MR. HANSEN: MR. WALLACE: I'm not asking what it was. I'm --

He's not answering the question,

There's the minutes there (indicating). Well, I would say refer to the minutes then, what the minutes say. It says it passed unanimously. But who -- does this refresh your memory at all as to
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15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A Q A Q A Q Q A who actually went into closed session? I'm not asking you

what was said or anything, just who was in the closed session with you. I -- it would only be an assumption. I don't -- I think the

minutes reflect who was at the meeting. There's a resolution to authorize Mr. Wallace and he was appointed as an attorney to represent you individually, right? Yes. And the other members of the Board individually, correct? Yes. And to pursue counterclaims, right? Yes. And to take other legal action in the two cases, correct? Two cases? Yes (indicating). Again, I get confused about the "two cases" so I'm sorry. Well, they're named in there, the two numbers. Okay. Okay? Thank you. But then it also says "and any others as applicable", okay? What does that refer to, "any others as applicable"? I don't recall the discussion. Was there any discussion about this resolution out on the
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16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A Q A Q A Q record? In the closed session was there discussion? Not in the closed session. I'm not asking about that. I'm

asking out -- you know, you went into closed session and you came out, and then this resolution was passed. Was there any discussion whatsoever, you know, -I don't recall. Okay. Now, are the minutes -- or the proceedings in closed

session, are they taped? No. They are not taped. occurred? And did you take the minutes of what

Did you take the notes for the minutes that

occurred in closed session? I just take the notes, yes. And you don't recall who you turned that over to. No; I recall I turned that over to Julie. You did give it to Julie, okay. that, you don't know. I have no clue. Are you afraid of Mr. Caffrey? No. Have you ever had a conversation with him? I really haven't. Has he ever attempted to have a conversation with you or you with him?
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What happened to it after

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17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A A Q A Q Q A Q A Q A There was a time that he requested me to be in a meeting. wasn't part of that. This was the conversation with Ms. Hightower, is that right? Yes. Okay. No. Now, you filed this counterclaim. Who is taking care of the Have you ever been told not to talk to him? I

compensation for Mr. Wallace for representing you on the counterclaim? The insurance company. Okay. So even though this is your individual lawsuit, you

don't -- he's not expecting you to pay anything, is that right? I believe that's true. Okay. Have you ever even had a conversation with Mr.

Wallace? Well, I've had a -- pertaining to what? To the lawsuit. This particular lawsuit -Yes. -- that we're at right now? Yes. Yes. And when was that? I don't recall the date. I don't know the date.

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18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q Q A Q A Q Q Okay. Were you aware that there was a motion for a

protective order filed? I believe so. Did you know that before or after it was filed? I couldn't tell you. Did you feel that you needed protection? MR. WALLACE: Counsel, you're mischaracterizing

what the motion was and what its intention was, and it's clear on the record and the pleadings filed in this case. And once again, I will be redundant, it was not a motion for a personal protective order as you're suggesting to the witness. Were you aware that a motion -- well, you were aware that a motion for protective -- protective order had been filed, right? (No response.) Did you feel that there was a need for that, for you? Personally? Yes. No. Now, you've claimed in your counter-complaint here that Mr. Caffrey slandered you and libeled you, and you claim that there's a writing where he made statements about you that were untrue. What is that writing?
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19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q Q A A Q I don't know what you're referring to. Do you feel -- you're not accusing him of slandering and libeling you? Libel is a written untruth and slander is a verbal. you understand that? I still don't know what you're referring to. MR. WALLACE: Form and foundation. You're asking Do

a layperson to provide a legal opinion. Well, you authorized a counter-complaint to be filed against Mr. Caffrey, right? Okay. And you're suing him individually as well as the Board and as well as the School District on this counter-complaint that you authorized and you voted for, right? Okay. Okay. And in that counter-complaint you're claiming that

he's made false statements about you and that your reputation has been harmed because of it. complaint says. Do you understand that? Form and foundation. The complaint That's what the

MR. WALLACE:

has been filed and is part of the record in this case and speaks for itself. And I'm asking you, well, what statements has he made about you that you claim are false? I'm not sure.
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20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q Q A Q A A Q A Q Q A Q Any at all? I don't know. Okay. You claim in your lawsuit that he has intentionally

inflicted mental distress upon you by extreme and outrageous conduct, atrocious conduct. What extreme and outrageous and atrocious conduct are you referring to? Again, I'm not sure. You don't know? I'm not sure. You claim that he's guilty of willful and wanton misconduct in your counter-complaint. What willful and wanton

misconduct are you claiming he has done towards you? I'm not sure what that is. When you say you're not sure, you don't know? I don't know what that legal term means, wanton and willful misconduct. Well, has he done anything to you personally that you feel that you should be suing him for? MR. WALLACE: Form and foundation. You're

mischaracterizing the allegations of the counter-complaint. You can answer. Again, could you ask the question again, please? Has he done anything to you personally that you are suing him for?
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21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A Q A Q MR. WALLACE: I don't believe so. Now, are you aware of any statements to Board members by Mr. Caffrey that have been made about Rick? Board members, including yourself, okay? Statements to the About Rick. Same objection.

I haven't had communication with Mr. Caffrey so... So you're not aware of anything that was said to you or any other Board members. Directly, no. Is there some procedure that you go through when you're getting sued? I don't understand the question. Well, -Is there a procedure? There's a procedure for everything.

Well, what is the procedure then when you're served with a complaint such as this, these two cases? supposed to do? Not sure. So there's a procedure for everything but you're not sure what it is? Very well could be. Okay. Don't you find it unusual that the Board would not I mean, do you have a lot -What are you

discuss, you know, a lawsuit? well, let me ask you this:

Is there a lot of lawsuits

against the School District?

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MR. WALLACE: Q A Q

Form and foundation, relevance.

Is there a lot of lawsuits that are being filed? Not that I'm aware of. The Board never discussed this first lawsuit at all, apparently, in any public session, in any event.

A Q

I don't recall. How does that happen? I mean, it seems unusual to me that

you -- I mean, this is obviously some business that the School's interested in, right? A Q Um-hum. But nobody on the Board or -- not the superintendent or anybody else thought to bring it up at a meeting and discuss the merits of it and what they should do about it or anything else like that. MR. WALLACE: foundation. A I can't recall. MR. HANSEN: THE WITNESS: That's all I've got. Thank you. Asked and answered, form and

(Deposition concluded at or about 2:25 p.m.)

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STATE OF MICHIGAN COUNTY OF MIDLAND I, Diane Kraynak, Notary Public in and for Midland County, State of Michigan, acting in Gladwin County, State of Michigan, do hereby certify that I stenographically recorded the deposition of BRADLEY WITHROW, the deponent in the foregoing deposition; that prior to the taking of said deposition the said deponent was duly sworn to tell the truth, the whole truth, and nothing but the truth, and that the foregoing deposition is a true and correct transcript of the testimony of said deponent, to the best of my ability. I further certify that I am not a relative, employee, attorney or counsel of any of the parties, a relative or employee of such attorney or counsel, or am financially interested in the transaction. I further certify that no request was made that the foregoing deposition be submitted to the said deponent for examination and correction by him or that he sign the same.

_________________________________________ Diane Kraynak, CSR-2122 Certified Shorthand Reporter Registered Professional Reporter Notary Public, Midland County, Michigan My Commission Expires: 11-1-13

Caffrey vs. Gladwin Community Schools, et al.

BRADLEY WITHROW May 29, 2013 18:21 claiming (2) 19:16;20:13 clear (1) 18:9 closed (10) 12:24;14:16,19; 15:1,2;16:2,3,4,8,13 clue (2) 5:13;16:19 coloring (1) 9:19 communication (1) 21:6 company (7) 9:8;11:3,10,15,17; 12:1;17:10 compensation (1) 17:8 complaint (5) 5:11;6:9;19:19,20; 21:16 complied (1) 8:12 complying (2) 7:1,13 computer (1) 4:16 concern (1) 7:12 concerned (1) 7:10 concerning (2) 7:25;9:2 concluded (1) 22:20 conduct (3) 20:5,5,6 confused (2) 7:22;15:17 considering (1) 14:8 contact (2) 12:1,16 contacted (1) 12:15 contract (2) 9:22;10:11 conversation (5) 5:19;16:22,24; 17:3,15 copy (1) 13:17 correctly (1) 11:24 Counsel (1) 18:7 counterclaim (2) 17:7,9 counterclaims (1) 15:12 counter-complaint (6) 18:21;19:9,13,16; 20:12,21 Court (1) 8:5 credible (1) 13:15 easily (1) 7:23 either (1) 8:25 else (3) 11:18;22:12,14 enter (1) 12:24 Eve (1) 12:8 even (3) 6:3;17:11,15 event (2) 13:25;22:5 EXAMINATION (1) 3:1 Excuse (3) 7:4;8:2;13:8 exhibits (1) 13:23 expect (1) 13:17 expecting (1) 17:12 extreme (2) 20:4,6

A
Absolutely (1) 10:5 According (1) 11:8 accused (1) 7:10 accusing (1) 19:2 Act (5) 6:8;7:1,25;8:12,16 action (1) 15:14 actual (1) 14:19 actually (1) 15:1 admissible (1) 13:15 afraid (1) 16:20 again (7) 7:8;8:3;15:17; 18:10;20:8,23,23 against (3) 4:25;19:9;21:25 ahead (4) 7:7;8:22;10:17; 13:16 allegation (1) 6:25 allegations (1) 20:21 answered (2) 8:21;22:15 apparently (1) 22:5 appear (1) 9:22 applicable (2) 15:22,23 appointed (1) 15:7 assume (4) 3:23;10:11,18,21 assuming (1) 3:23 assumption (1) 15:4 atrocious (2) 20:5,6 attempted (1) 16:24 attended (1) 12:12 attorney (1) 15:7 attorney/client (1) 14:10 authorize (2) 11:9;15:6 Min-U-Script

authorized (2) 19:9,14 aware (8) 4:22;11:24;18:1, 13,13;21:3,7;22:3

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B1 (2) 10:1,8 back (2) 4:24;13:25 basis (1) 13:13 bills (2) 7:25;8:4 Board (24) 3:8,12;4:25;6:7,16; 7:2,9,13,17;8:19,25; 9:13;11:9,19,25; 12:1;15:10;19:12; 21:3,5,8,22;22:4,11 Bradley (1) 3:4 Braggart (1) 10:7 bring (1) 22:12 business (1) 22:8

D
D3 (1) 10:25 date (2) 17:25,25 days (1) 13:22 December (3) 4:8,18;12:6 decide (1) 11:17 decided (1) 9:7 decision (2) 11:17,25 defendants (1) 8:7 deliberating (1) 11:13 deliberation (1) 7:20 deliberations (1) 11:25 Deposition (1) 22:20 designate (1) 11:15 direct (1) 9:13 Directly (1) 21:9 discovery (1) 13:11 discuss (3) 6:16;21:23;22:12 discussed (1) 22:4 discussion (8) 5:23;6:1;7:17; 8:25;15:24,25;16:2,6 dismissed (1) 8:6 distress (1) 20:4 District (7) 10:12,15,19,24; 11:6;19:13;21:25 document (1) 9:17 done (4) 5:23;20:13,18,24 down (1) 6:20

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fact (1) 13:3 facts (1) 7:6 false (2) 19:17,24 favor (1) 8:6 feel (4) 18:6,17;19:2;20:18 filed (10) 4:24;5:12;17:7; 18:2,4,9,14;19:9,21; 22:2 find (2) 12:13;21:22 first (5) 8:14;9:2,11,11; 22:4 FOIA (3) 5:3;7:11;8:10 following (3) 7:3,11;9:10 forget (1) 9:19 Form (15) 6:10;7:5;8:20; 9:23;10:16,22;11:4, 11,20;14:4;19:7,20; 20:20;22:1,15 formally (1) 4:1 foundation (16) 6:10;7:5;8:20;

C
Caffrey (7) 4:24;5:11;16:20; 18:22;19:10;21:4,6 call (1) 14:18 called (1) 5:17 came (2) 5:9;16:5 can (15) 4:6,20;6:11,20;7:7, 8;8:22;9:19,24;10:3, 9,17;11:22;14:5; 20:22 care (2) 5:22;17:7 case (2) 18:9;19:21 cases (4) 15:14,15,17;21:16 certainly (1) 12:6 check (1) 4:20 Christmas (1) 12:7 claim (4) 18:22;19:24;20:3, 11 claimed (1)

Mid-Michigan Reporting LLC (989)835-9171

(1) Absolutely - foundation

Caffrey vs. Gladwin Community Schools, et al. 9:23;10:16,22;11:4, 11,21;13:14;14:4; 19:7,20;20:20;22:1, 16 Freedom (5) 6:8;7:1,11,25;8:16 15:7,10;19:12 inflicted (1) 20:4 inform (2) 11:15,17 Information (5) 6:8;7:1,11,25;8:16 insurance (8) 9:8,22;11:2,10,15, 17;12:1;17:10 intention (1) 18:8 intentionally (1) 20:3 interest (1) 7:2 interested (1) 22:9 into (4) 14:16,19;15:1;16:4 involved (3) 7:24;8:15;13:25 issue (2) 8:3,14 issues (1) 8:11 19:3 Lisa (3) 12:24;13:3;14:3 logs (1) 8:4 long (3) 3:7,10;13:16 lot (3) 21:23,24;22:2 nature (1) 11:19 need (1) 18:17 needed (1) 18:6 neither (1) 13:14 nobody (2) 13:6;22:11 nonpublic (1) 11:14 normal (1) 6:15 notes (13) 3:19,20,20;4:1,2,7, 8,10,13,14;12:25; 16:12,14 notify (2) 11:2,9 numbers (1) 15:18

BRADLEY WITHROW May 29, 2013 outside (1) 8:25 over (6) 3:21;6:8;9:8; 13:12;16:15,16

P
papers (1) 5:10 Paragraph (2) 10:1;11:3 part (3) 6:25;17:2;19:21 particular (2) 11:18;17:19 passed (2) 14:24;16:5 pay (1) 17:12 people (2) 14:18,19 period (1) 14:13 personal (1) 18:11 Personally (3) 18:18;20:18,24 pertaining (3) 5:2,4;17:17 phone (4) 5:3;7:25;8:3,4 plaintiffs (1) 8:7 pleadings (1) 18:9 please (8) 3:3;6:11;7:8,15; 8:22;9:24;14:5;20:23 pm (1) 22:20 point (1) 13:14 police (1) 5:7 posted (1) 12:9 posting (1) 12:12 prejudice (1) 8:7 prepared (1) 3:25 preserved (1) 13:16 pretty (1) 9:20 Prior (1) 12:19 privilege (1) 14:10 procedure (5) 21:10,14,14,15,19 (2) Freedom - procedure

G
gave (2) 5:9,20 gentleman (1) 5:9 given (1) 6:4 glasses (2) 10:3,4 guess (1) 5:6 guilty (1) 20:11

M
many (2) 7:22;14:19 marked (1) 9:16 matter (2) 9:7,9 May (1) 4:24 mean (5) 7:10;12:11;21:23; 22:7,8 means (4) 10:14,18,24;20:16 meeting (23) 3:19;4:8;8:25;9:1; 11:13,14;12:4,6,7,9, 9,13,17,19,22;13:6, 10,13;14:8,15;15:5; 17:1;22:12 Meetings (1) 8:11 member (8) 3:7,10;9:13;10:14, 18,24;11:5,6 members (4) 15:10;21:3,5,8 memory (3) 7:17;14:2,25 mental (1) 20:4 merits (2) 6:1;22:13 minutes (17) 3:16,22,25;4:3,5,6; 12:3,5,22;14:20,21, 22,23;15:5;16:8,11, 12 mischaracterizing (4) 7:6;8:3;18:7;20:21 misconduct (3) 20:11,13,17 motion (7) 13:4;14:3;18:1,8, 11,13,14

H
half (1) 3:11 hand (1) 4:13 HANSEN (5) 3:2;13:19,22; 14:11;22:18 happen (1) 22:7 happened (3) 4:12;12:3;16:17 harmed (1) 19:18 hearing (1) 11:24 here's (1) 5:8 Hightower (2) 12:23;17:3 honestly (3) 11:12;12:2,14 house (1) 5:9

O
object (6) 7:5;8:2,17;10:16; 11:20;13:12 objection (3) 7:14;13:16;21:1 obviously (1) 22:8 occurred (2) 16:12,13 October (1) 3:11 off (1) 4:13 offered (1) 12:23 officer (2) 3:12;5:7 old (1) 3:5 once (1) 18:10 one (5) 3:16;7:24;8:1,14; 12:25 only (1) 15:4 Open (1) 8:11 opinion (2) 14:7;19:8 order (4) 4:2;18:2,11,14 others (2) 15:22,23 out (4) 12:13;15:25;16:4,5 outrageous (2) 20:4,6

J
jog (1) 14:2 Julie (3) 3:21;16:16,17

K
keep (1) 4:13

L
last (1) 4:24 law (5) 7:3,6,11,12,13 lawsuit (21) 4:25;5:2,8,24;6:1, 3,16;7:21;8:6,8,10; 9:2,11,11;11:18; 17:11,18,19;20:3; 21:23;22:4 lawsuits (4) 7:23,24;21:24;22:2 layperson (1) 19:8 legal (4) 14:7;15:14;19:8; 20:16 Libel (1) 19:4 libeled (1) 18:22 libeling (1)

I
importance (1) 8:19 including (1) 21:5 indicate (1) 12:22 indicates (2) 13:6;14:1 indicating (2) 14:21;15:16 individual (1) 17:11 individually (3) Min-U-Script

N
name (1) 3:3 named (2) 13:23;15:18

Mid-Michigan Reporting LLC (989)835-9171

Caffrey vs. Gladwin Community Schools, et al. proceedings (1) 16:8 protection (1) 18:6 protective (4) 18:2,11,14,14 provide (1) 19:8 public (3) 11:13;12:4;22:5 purpose (2) 4:5;12:17 purposes (1) 12:24 pursue (1) 15:12 put (1) 4:2 representing (1) 17:8 reputation (1) 19:18 request (2) 13:11,23 requested (2) 13:23;17:1 requests (2) 5:3;8:10 resolution (4) 12:23;15:6,25;16:5 response (3) 6:19;9:18;18:16 restate (1) 7:8 Rick (4) 5:17,20;21:4,5 right (20) 3:16;4:3,6,22;9:4; 10:3,12;11:6,6;13:1, 8;15:8,12;17:3,13,21; 18:15;19:10,14;22:9 Roger (1) 5:7 roll (1) 14:18 ruled (1) 8:5 run (2) 7:23;13:22 3:11 served (3) 4:25;8:14;21:15 session (12) 6:22;12:24;14:16, 19;15:1,3;16:2,3,4,9, 13;22:5 SET (1) 10:12 settle (1) 11:18 show (2) 9:16;10:1 situation (1) 6:14 slander (1) 19:4 slandered (1) 18:22 slandering (1) 19:2 somebody (3) 4:2,6;12:15 somewhat (1) 6:7 sorry (1) 15:17 speaking (1) 9:9 speaks (1) 19:22 special (1) 12:7 Specifically (1) 7:19 specifics (2) 6:24;9:4 state (1) 3:3 statements (5) 18:23;19:17,23; 21:3,4 still (2) 4:10;19:6 stinks (1) 10:6 Stop (1) 13:8 stuff (1) 9:19 subject (1) 13:11 sued (2) 6:7;21:11 suggesting (1) 18:11 suing (3) 19:12;20:19,24 superintendent (2) 9:13;22:11 supposed (3) 10:18;11:2;21:17 sure (11) 3:23;4:4;6:24; 10:5;19:25;20:8,10, 14,15;21:18,19

BRADLEY WITHROW May 29, 2013 up (5) 3:22;4:6;5:7; 10:14;22:12 upon (1) 20:4 uses (1) 4:2

T
talk (1) 17:5 tape (5) 13:6,10,13,17;14:1 taped (2) 16:9,11 term (1) 20:16 though (1) 17:11 thought (1) 22:12 together (2) 4:3;7:23 told (1) 17:5 took (1) 4:8 towards (1) 20:13 true (3) 4:9;14:1;17:14 trying (1) 6:23 turn (1) 3:21 turned (4) 9:7;13:12;16:15,16 Turning (1) 10:6 twice (1) 13:21 two (6) 7:24;15:14,15,17, 18;21:16 type (1) 4:6 types (1) 3:22

V
various (1) 12:24 verbal (1) 19:4 violating (1) 8:15 voted (1) 19:14

R
raised (1) 6:22 read (7) 5:14;6:5,8;10:1,9, 20,25 reading (1) 6:3 really (3) 6:23;9:4;16:23 recall (26) 6:3,6,23,23,24;8:1, 8,9,24;9:4,5;11:12, 13,16;12:2;13:3,5; 14:6,16;15:24;16:7, 15,16;17:25;22:6,17 record (4) 3:3;16:1;18:9; 19:21 recordings (1) 13:18 records (1) 5:3 redundant (1) 18:10 refer (2) 14:22;15:23 reference (1) 13:13 referring (3) 19:1,6;20:7 reflect (3) 12:5;14:20;15:5 reflected (1) 12:3 refresh (1) 14:25 relevance (1) 22:1 remember (2) 12:14;14:20 represent (1) 15:7 Min-U-Script

W
WALLACE (29) 6:10;7:4,14;8:2,17, 20;9:23;10:16,21; 11:4,11,20;13:8,10, 20;14:4,9,12,14;15:6; 17:8,16;18:7;19:7, 20;20:20;21:1;22:1, 15 wanton (3) 20:11,12,16 way (1) 4:20 whatsoever (3) 7:18;11:25;16:6 willful (3) 20:11,12,16 without (1) 10:3 Withrow (1) 3:4 witness (2) 18:12;22:19 work (1) 6:22 writing (2) 18:23,25 written (4) 4:14;13:21;14:7; 19:4

S
Sally (1) 12:23 Same (2) 7:14;21:1 Savin (1) 5:7 School (8) 3:8;10:11,14,18, 24;11:6;19:13;21:25 School's (1) 22:9 Schwager (3) 12:24;13:3;14:3 second (2) 8:10;13:3 seconded (3) 12:23;13:7;14:3 secondly (1) 8:5 secretary (2) 3:15,18 Seebeck (6) 6:25;7:10;8:15; 9:16;11:9;12:1 seems (1) 22:7 SEG (1) 10:12 September (1)

U
Uh-uh (1) 6:17 Um-hum (2) 13:2;22:10 unanimously (1) 14:24 unfounded (1) 8:6 untrue (1) 18:24 untruth (1) 19:4 unusual (8) 6:7,13;7:9;12:7,10, 11;21:22;22:7

Y
year (2) 3:11;4:24

2
2 (1) 9:16 2:25 (1) 22:20 24th (3) (3) proceedings - 24th

Mid-Michigan Reporting LLC (989)835-9171

Caffrey vs. Gladwin Community Schools, et al. 4:8,18;12:6 28 (1) 13:22

BRADLEY WITHROW May 29, 2013

4
44 (2) 3:6;10:6

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Mid-Michigan Reporting LLC (989)835-9171

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