Case 3:15-cv-00798-HSG Document 832 Filed 07/15/16 Page 1 of 2

HEALY

LLC

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New York, NY 10013
T: 212.810.0377
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www.healylex.com
Valeria Calafiore Healy
vch@healylex.com

By Hand Delivery

July 15, 2016

The Honorable Haywood S. Gilliam, Jr.
United States District Court
Northern District of California
Courtroom 10, 19th Floor
450 Golden Gate Avenue
San Francisco, CA 94102
The Honorable Donna M. Ryu
United States District Court
Northern District of California
1301 Clay Street, Courtroom 4
Oakland, California 94612

Re: Loop AI Labs Inc. v. Anna Gatti et. al.,

3:15-cv-00798-HSG-DMR Mr. Pieraccins Boston Deposition
Dear Judge Gilliam and Judge Ryu:
I write to respectfully notify the Court of an altercation that took place during
todays deposition of Mr. Pieraccini, in Boston, Massachusetts.
At approximately 10:10am this morning, Mr. Wallerstein began a line of harassing
questions to Mr. Pieraccini having nothing to do with the case. I objected. At approximately 10:15
Mr. Wallerstein said to me: be quiet. Mr. Wallerstein has directed his usual disrespectful
language to me (as well as to witnesses) throughout the course of this case (be quiet, shut up,
keep your mouth shut.). See, e.g., 482 at n. 2. I have asked him to cease this conduct many times
before, including by raising this issue in various filings with the Court. See, e.g., id., 558 at 3, 622
at 3, 622-1 at 8. I advised Mr. Wallerstein that if he did that again, I would leave the deposition.
Mr. Wallerstein proceeded to promptly do it again. Accordingly, I stood up to leave the conference
room and picked up my belongings, including my coffee. When Mr. Wallerstein persisted as I was
leaving the room, I became upset and slammed my coffee cup on the table, causing the remains of
my 2-hour old iced coffee to spill over the table and allegedly over Mr. Wallersteins jeans, even
though I was not close to Mr. Wallerstein.

Case 3:15-cv-00798-HSG Document 832 Filed 07/15/16 Page 2 of HEALY

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LLC

I apologize to the Court and to Mr. Wallerstein for having slammed my coffee cup
on the table. Although it is evident that Mr. Wallerstein uses insults and provocation as a strategy, I
acknowledge that I should have resisted his provocation more effectively. I did so when Mr.
Wallersteins misconduct continued following the coffee cup incident. At the end of Mr.
Pieraccinis deposition Mr. Wallerstein asked the court reporter to go off the record and then began
to threaten and trying to intimidate Mr. Pieraccini about his affiliation with Loop AI. Despite
this latest provocation and harassment of a prominent scientist (who took time out of his day to
voluntarily appear for this deposition), I simply turned on the video on my phone to record it. Mr.
Wallerstein has previously used the same trick of going off the record to insult and attempt to
intimidate witnesses and counsel. See, e.g., Exhibit 1.
At 2:47pm today, while I was on a train returning to New York, I received a message
that a woman named Cassandra Wallerstein wanted to speak to me regarding her husbands 3d
degree burns. Attached hereto as Exhibit 2 is a true and correct copy of the message I received
from Mrs. Wallerstein. This message was shocking to me, because my coffee this morning was
iced, and even the ice in it had melted. After receiving this message I asked the Regus facility that
hosted the deposition to preserve the cup, and to send me a picture. A true and correct copy of the
picture of my coffee cup that was the subject of the incident is attached hereto as Exhibit 3.
In light of the serious but false nature of Mrs. Wallersteins allegations that her husband
received 3 degree burns, I am submitting this letter to the Court promptly to explain what
happened. I can also submit to the Court a copy of the recordings I was able to make on my phone
of parts of todays deposition. The video readily shows (and many witnesses will be able to attest
to) Mr. Wallerstein was not in any way hurt by the coffee I spilled.
rd

Respectfully submitted,

Valeria Calafiore Healy

Encl.